ORDER NO.: DATE: August 20. 2013 ST ATE OF TEXAS COUNTY …€¦ · ORDER NO.: _____ _ DATE: August 20. 2013 ST ATE OF TEXAS COUNTY OF DALLAS § § § COURT ORDER BE IT REMEMBERED,

2013 1346 ORDER NO.: _____ _

DATE: August 20. 2013

ST ATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

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

on August 20, 2013, on a motion made by Mike Cantrell, Conunissioner of District 2 , and

seconded by Dr. Elba Garcia, Commissioner of District 4 , the following Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed on August 13, 2013 of a properly damage claim presented by Sharon Watkins, as permitted by Texas Govemment Code §552.I07 (a) and (b); and

WHEREAS, the Civil Division of the Dallas County District Attorney's Office investigated the properly damage claim, arising from a motor vehicle collision involving an employee of the Dallas County Sheriffs Department, accident date February 7, 2013, and a payment of$3,917.46 was found to be a valid and reasonable amount; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that a check in the amount of $3,917.46 be made payable to Sharon Watkins (custody/possession of vehicle) and Celenda Nickerson (vehicle title holder), as full and final settlement by the County of Dallas, Texas, and that the County Treasurer is authorized to release said check to an employee of the Civil Division of the Dallas County District Attorney's Office.

DONE IN OPEN COURT on the 20'h day of August, 40 13.

If ) .

~-Clay onl1in5, County Judge

/

Dr. Elba Garcia, Comm. Dist. #4

--iG" '~''"~hl j)-Teresa Guerra Snelson \ ~' Chief, Civil Division Dallas County District Attomey's Office

Administration Building 411 Elm Street 5" Floor Dallas, Texas 75202 214/653-7358 Fax 214/653-6134 13-000128

2 (H 3 134'7 COURT ORDER ORDER NO.: _____ _

DATE: August 20, 2013

ST A TE OF TEXAS

COUNTY OF DALLAS

§ § §

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

Texas, held on August 20, 2013, on a motion made by Clay Lewis Jenkins, County Judge , and

seconded by John Wiley Price, Commissioner of Dist. 3 ,the following Order was adopted:

WHEREAS, the Dallas County Judge and the Criminal District Attorney of Dallas County recommend that Dallas County pursue legal remedies as a result of recent changes in voting related laws, rules and regulations impacting the citizens of Dallas County, specifically by joining as a plaintiff in Cause Number 2:13-ev-0019, Veasey, et. al. v. Perry. el. af. pending in the United States District Court for the Southern District of Texas, Corpus Christi Division; and

WHEREAS, the matter was discussed with the Commissioners Court in closed session on August 20, 2013 as authorized by the Texas Government Code §551.071; and

WHEREAS, the actions authorized by this order are consistent with and promote Strategy 1.2 of Dallas County's Strategic Plan.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners COUli authorizes the Criminal District Attorney of Dallas County to pursue legal remedies on behalf of Dallas County by joining Cause Number 2: 13-cv-OOI9, Veasey, el. al. v. Perry, el. al. pending in tbe United States District Court for the Southern District of Texas, Corpus Christi Division and to retain Brazil & Dunn, LLP as special counsel for tbay-purpose. 1'lre-Batl"".€1'ltIfl'ty'€imlffiis5iUfl.efs A I emrrt-d=-hereby-~e-lJte.ilttfteltefr..Iegal-SS!'¥"""'~.a"J-<l-aul\+Qr.i.=-th.e~.Jud.ge..1Q'5.ign l! t.\:J<:-<>g=tlt.oo...b.e.hal£..o.£.DaJ.las-Ge,ul\y. /1. DONE IN OPEN COURT this the 20th d. ay( fgvit, O~.l//

,/YVj" ,J I l

/ ij;i!1/' ~. !

~ Clay I wi' JenJbns, Coun~e

fl I j MJ)Ck.:Vl. j/ ~-f~-::;i~~~~ Dr. Theresa M. Daniel, Comm. Dis!. #1

.~e: ?012~/) $0//1

Mike Cantrell, Comm. Dist. #2

Recommended for Approval: CRAIG W A T J~S CRIMINAL {(TRICT ATTORNEY

Dr. Elba Garcia, Comm. Dis!. #4

Recommended for Approval: CLAY JENKINS

1:,.tJ '\. (l' DA~~ ". COUNTY. JUDGE

--Lfrj£;( h ONJ~=-':'::2....... Clay J(Jkins, Dallas ~unty Judge

1/

\

COURT ORDER

ORDER NO. 2013 1348 DATE: August 20,2013

STATE OF TEXAS §

COUNTY OF DALLAS §

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

held on the ~~.:::.20,,-,th ____ day of August, 2013, on motion made by

Mike Cantrell, Commissioner of Distn::.:· c::.:t=-=2~ ____________ and seconded by

_D:::r::':':.--=E:::l::b.=a:.--=Ga:::r::.:C::.:l::.:· a::.:,,---=C::o:::mrn=i:::ss::.:l:::· o=n=e=r:=-=o:::f~D::i:::.st:::.r:.:l::.:· c::,t ___ 4~ _____ the following Order was adopted:

WHEREAS, it is the responsibility of the Dallas County Commissioners Court to appoint officers to the Citizen Election Advisory Committee; and

WHEREAS, such appointments are for a two-year term and expire January 31 st of the appropriate year; and

WHEREAS, it is the desire of the Dallas County Commissioners Court to appoint/re-appoint Lyman King to serve on the Citizen Election Advisory Committee for a two-year term, effective August 20, 2013 and expiring January 31, 20 IS; and

WHEREAS, this would be Lyman King's first/till term; and

WHEREAS, Dallas County Commissioners court desires to find the most qualified citizens to participate on Boards, Commissions and Committees.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby appoint/re-appoint the following citizen to serve on the Citizen Election Advisory Committee for a two-year term, effective August 20, 2013 and expiring January 31, 2015:

Lyman King (3) 731 Kessler Lake Drive Dallas, Texas 75208 817/602-1522

DONE IN OPEN COURT this the __ ""20",,t!.'-h __ day of __ ~A~ug",u,""s,,-t __ ,2013.

a~.LJ /4.J;, Dr. Theresa M. Daniel,

District #1 Mike Cantrell,

District #2

Dr. Elba Garcia, District #4

Recommended By: J~~~f;.~~~-~:::-~.>~ ... ::., ____ _ Martin, Administrator

ORDER NO: ,2 0 13 .,\.134: 9 COURT ORDER

DATE: August 20,2013

STATE OF TEXAS

COUNTY OF DALLAS

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

the 2()," day of_-,A-,' "nb.gl"L",st~ ___ , 2013, on motion made by Mike Cantrell, District 2

and seconded by Dr. Elba Garcia, District 4 , the l,)[[owing Order was adopted:

WHEREAS, Dallas County Commissioners Court linds it in the best interest of the citizens of Dallas County to accept the contract for the OnTrac Permanent Housing Prc)jecl renewal grant Ji'om the U.S. Department of Housing and Urban Development (I-IUD) between Dallas County and CitySquare; and

WHEREAS, the grant award is I,)r S253,353 1,)1' a one year period with no county match required; and

WHEREAS, the purpose of the pr()jcct is to provide services to young adults between the ages of 18-21 years old who were lormerly in loster or juvenile care and are currently homeless; and

WHEREAS, the Commissioners Court intends to contract If)r the services described in the attached contract with the CitySquarc; and

WHEREAS, tI,is request is aligned with the County's Strategic Plan and specifically impacts Vision 3; Dallas County is a satC, secure, and prepared.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, tllat the Dallas County Commissioners Court approves acceptance of the contract with CitySquarc If)!' the OnTrac Perm,menl Housing Project from ti,e U.S. Department of Housing and Urban Development (HUD). Dallas County designates the County Judge, as the l,'Tantec's authorized ollieial. The authorized ollieial is given ti,e power to apply jf)r, accept, reject, alter or terminate the gTant~on behalf of tl1e applicant agcncy.

DONE IN OPEN COURT this the _:.",)0,-"'_ day of _~"","'""U""·I,",IScc.t _________ ~..__-_/-v

d<JW1 // t i/'

. ii/ii') ' _._,,' %/r .... ~

Clay\)\wiyJenkins C()~h{dge ---

Dr. Thercsa M. Daniel Conn .... cr District I

ike Cantrell

Dr. Elba Garcia Commissioner District 4

"lttl€efl'lflnended By: _::ti'j-=J::S1},-~ __ Ryan Brown, Budgct OHicer

ORDER NO: 2013 0847 COURT ORDER

STATE 0 F n:XAS

COUNTY OF DALLAS


the ._I,L day 01·_ -,M"",;tLv ___ ._, 2013, on motion made by Mike Cantrell, Commissioner of Dist, 2,

and seconded by John Wiley Price, Cormnissioner of Dist_,_3 ___ , the Idlowing Order was adopl.ed:

WHEREAS, Dallas County Commissioners Court linds it in the best interest of the citizens of Dallas County to accept the rent'wal grant for the OnTrac Penn;ment Housing Prqjcci. between Dallas County and the U.s. Department or Housing ,mel Urban Development (HUD); and

WHEREAS, the grant award is k,r $25B,35:3I,)r a one year period with no county Butch required; and

WHEREAS, the purpose of the project is to provide services to young adults between the ages of 18-21. years old vvho V\icre {-{)rnlcrly in j()sLer or juvenile care and arc currently hOlTleless; and

WIIERKA.S, this reques!. is alig11Cd with t:he County's Strategic Plan and speeitically imp;>cts Vision 8; Dallas County is a safe, securc., ;ul(1 prepared.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County Conunissioners Court approves acceptance of the OnTrac Permanent I-lousing Prqjcet between Dallas County 'Uld the l: .s. Department of Housing and Urban Development (I-IUD), Dallas County designates the CountyJudgc, as the gnntcc's authorized otliciaL The authorized ollieial is given the power to apply li)r, accept, reject, ;Jter or terminate the grant on beh;Jfof the applicant agency.

DONE IN OPEN COURT this thc __ ~ day of _-'M"'."'w'--______ .~~~_. __

--.a::b &1}(kJ;_, ~~ ... Dr. Theresa M, Daniel Mike Cantrell

Commissioner District I Commissioner District 2

~~r~~ r. Elba Garcia

____ ~., Hnruis$i~ Commissioner Distl"ict 4·

Recommended By:

STATE OF TEXAS § §

COUNTY OF DALLAS §

DALLAS COUNTY

CONTRACT FOR SERVICES

with

CITYSQUARE

for

HOUSING AND SUPPORTIVE SERVICES

I. PARTIES TO AGREEMENT

This Contract (hereinafter referred to as the "Contract") is made and entered into by and between Dallas County, Texas (hereinafter referred to as "County") and CitySquare (hereinafter referred to as "CitySquare"), The parties have agreed, and by the execution hereof, are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein,

II, CONTRACT TERM

This Contract becomes effective September 1, 2013 (The "Effective Date') and shall terminate one (1) year after the Effective Date, with an option for annual renewals as agreed by the parties (the "Term"),

III. PROJECT DESCRIPTION

CitySquare, through its Transition Resource Action Center (hereinafter "TRAC"), will operate and administer the Shelter Plus Care Program (as more fully set forth in Exhibit 1, attached hereto and incorporated herein for all purposes) to provide housing and supportive services on a long-term basis for the hard to reach young adult homeless population (the "Program"),

IV. PROJECT FUNDING

The County will allocate to the Program, for use as housing and supportive service assistance, Two Hundred Fifty-Three Thousand Three Hundred Fifty-Three and Zero/Hundredths Dollars ($253,353,00) a year (the "Program Funds"). The Program Funds are granted to County by HUD under the Program and the County allocates the Program Funds to CitySquare as set forth in this Contract so that CitySquare is able to operate and administer the Program, The Project period is from September 1, 2013 through August 31, 2014 with an option for annual renewal grants, Annual renewal funding is dependent upon funding availability and the laws regulating the Program, CitySquare will be solely responsible for any costs in excess of the Program Funds and

CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES - Final Page I

for any unauthorized or disallowed costs that are incurred hereunder.

V. USE OF PROJECT FUNDING

The project funding that the County will provide to the Program is to be used by CitySquare to provide assistance on a long term basis for the hard to reach young adult homeless population. The purpose of this program is to provide this client group with a consistent and reliable source of housing and supportive services so they can become self-supporting.

City Square/TRAC is required to follow OMB Circular pertaining to maintaining actual after-the-fact time distribution records. OMB Circular A-122 and 2 CFR 230 state that the time distribution reports must reflect an after-the-fact determination of the actual activity of each employee. Budget estimates of salary and time (i.e., estimates determined before the services are performed) do not qualify as support for charges to awards.

VI. IMPLEMENTATION RESPONSIBILITIES

The responsibilities for this Contract will be divided between the County and CitySquare as follows:

A. County:

1. The County will allocate Two Hundred Fifty-Three Thousand Three Hundred Fifty-Three and Zero/Hundredths Dollars ($253,353.00) to the Program for rental assistance and will provide this funding to CitySquare in accordance with the terms of this Contract for each year that this Contract is in effect.

B. CitySquare/TRAC:

1. CitySquare/TRAC will administer the Program and provide case management services to eligible clients in accordance with the provisions contained in Exhibit 1. The following documents will be used to ensure compliance with the Program "homelessness" criteria set forth in Exhibit 3, attached hereto and incorporated herein for all purposes:

• Certification of Chronic Homelessness

• Program Entry Documentation

• Verification of Disability Form

• Self-Declaration of Income

CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES - Final Page 2

• Resident Rent Calculation Worksheet

2. The funds allocated by County will be used to provide twenty-eight (28) units of tenant-based rental assistance as set forth in Exhibit 2, attached hereto and incorporated herein for all purposes.

3. CitySquare will provide direct services and housing to the young adult homeless population. The method used to provide housing will be scattered site apartments that will be shared by housing participants. This system will allow the tenants to have peer support network in their apartment complex. Scattered site apartment rentals will be in reasonable proximity to other CitySquare service locations where supportive services will be provided with easy access to public transportation.

4. Referrals will be targeted from existing CitySquare programs, Child Protective Services After Care Program, Dallas County Juvenile Department, homeless outreach programs, and from the Continuum of Care partner agencies. In addition, CitySquare will do on-the street, personto-person outreach that actively recruits the chronically homeless. The percentage of homeless participants that will be served are:

5% -Persons from the street or other locations not meant for human habitation; 95% -Persons from emergency shelters;

5. An assessment will be administered on each individual entering and exiting the program. This assessment, called the Self-Sufficiency Matrix, will be used to measure the change in status for the population. The measures of performance that will be tracked include: income, employment, housing, food, child care, legal, health care, life skills, mental health, substance abuse, family relations, mobility, and community involvement/connections.

6. The aggregate amount of Program Funds shall not exceed the appropriate housing fair market rental value Sec. 8( c) (1) of the United States Housing Act of 1937 in effect at the time the grant application was approved. The fair market rent may be higher or lower than the fair market rent in effect at the time of application submission. Any amounts not needed for a year may be used to increase the amount available in subsequent years.

7. CitySquarelTRAC will refer people to the Program and determine client eligibility.

8. CitySquare will arrange for the leasing of housing units that are involved in the Program and will seek to ensure that they remain fully occupied with eligible clients.

9. CitySquare will, in a timely manner, collect client rent, forward it to the landlord/property manager, and disburse any Program share of rent.


10. CitySquare will be responsible for terminating the participation of clients and/or housing units that either violate the Program's requirements or are no longer eligible to participate in the Program.

11. CitySquare shall inspect and determine whether housing units which are to be involved with this Program meet the Housing Quality Standards (HQS) established by the U.S. Department of Housing and Urban Development (HUD).

VII. METHOD AND TIMING OF FUNDING/PAYMENTS

A. CitySquare will receive funds on a reimbursement basis. Reimbursements will be made by County on a quarterly basis for each year this Contract is in effect. Each quarterly amount reimbursed will not exceed Sixty-Three Thousand Three Hundred Thirty-Eight and Twenty-Five/Hundredths Dollars ($63,338.25).

B. In the event that a sufficient number of units are not occupied as reasonably determined by County, it is not possible to utilize or request Program funding to fulfill the rent obligations of the vacant unit(s).

VIII. RETENTION AND ACCESSIBILITY OF RECORDS

A. CitySquare must establish and maintain sufficient Program records, as determined by County policy.

B. CitySquare shall give County and any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by CitySquare relating to this Contract or its objective. Such rights to access shall continue as long as the records are retained by CitySquare or five (5) years, whichever is longer. CitySquare agrees to maintain these records in an accessible location.

C. All records pertinent to this Contract shall be retained by CitySquare for five (5) years with the exception that if any litigation, claim or audit is started before the expiration of the five (5) year period, the records will be maintained until all litigation, claims, or audit finds involving the records have been resolved.

D. CitySquare must provide citizens, public agencies, and other interested parties with reasonable access to records consistent with the Texas Public Information Act, as amended.


IX. REPORTING REQUIREMENTS

CitySquare shall submit to the County (or its designee) monthly reports on the status of the Program and its administration. These reports shall be provided in a format acceptable to the County and shall be submitted to the County no later than the fifteenth (15th) day after the end of any month. CitySquare shall also immediately inform the County of any issues or problems that could adversely affect the performance and operation of the Program and shall also provide the County with any other information that it may need to monitor the operation and performance of the Program and the Contract.

In addition to the limitations on liability otherwise specified in this Contract, it is expressly understood and agreed by the parties hereto, that if CitySquare fails to submit to the County in a timely and satisfactory manner any report required by this Contract, the County may, at its sole option and at its sole discretion, withhold any and all payments otherwise due or requested by CitySquare hereunder. If the County withholds such payments, it shall notify CitySquare in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by the County until such time as the delinquent obligations for which funds are being withheld are fulfilled by CitySquare.

X. MONITORING

The County reserves the right at any time, to carry out field inspections to ensure compliance with the requirements of this Agreement. After monitoring visits, County shall provide CitySquare with a written report of the monitor's findings. If the monitoring report notes deficiencies in City Square's performance under the terms of this Contract, the monitoring report will strive to include requirements for the timely correction of such deficiencies by CitySquare. Failure by CitySquare to take action specified in the monitoring report may be cause for suspension or termination of this Contract as provided in Sections XIX and XX.

XI. INSURANCE

A. CitySquare agrees that at all times during the Term of this Contract it will maintain for itself, including its officers, employees, agents, representatives, volunteers, and independent/sub-contractors, or require its volunteers and subcontractors to maintain, in full force and effect insurance as provided herein.

B. Within ten (10) days after the effective date of this Contract, CitySquare shall furnish, at its sole cost and expense, the following minimum insurance coverage. Such insurance is a condition precedent to commencement of any services. CitySquare shall, in the stated ten (10) day period, furnish to the Dallas County Director of Purchasing (at the address provided below in this Insurance Section) verification of the insurance coverage in the type and amount required herein, meeting all conditions in this Contract, by an insurance company acceptable to


county and authorized to do business in the State of Texas. Such insurance shall show the County as the certificate holder (general liability insurance). Coverage dates shall be inclusive of the Contract term and each renewal period, if any.

C. Such insurance shall provide, at a minimum, the following coverages:

1. Statutory Workers' Compensation Insurance that meets the requirements of the Texas Workers' Compensation Act, Title 5, Subtitle A of the Texas Labor Code, or, if self-insured, then CitySquare must provide to County evidence of a certificate issued by the Workers' Compensation Commission approving such self-insurance. If CitySquare has no employee (as defined by the Texas Workers' Compensation Act), CitySquare shall provide County with a sworn Affidavit stating that there is no employee in lieu of a Certificate of Insurance. In the event that any work is sublet CitySquare shall require the subcontractors to similarly provide Workers' Compensation Insurance for all of the subcontractors' employees, unless such employees are afforded protection by CitySquare. CitySquare shall bear the burden of all workers' compensation coverage for all of its subcontractors and subcontractors' employees who do not have workers' compensation coverage. CitySquare also represents that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with an appropriate insurance carrier, or in the case of self-insurance, with the Texas Workers' Compensation Commission. Providing false or misleading information may subject CitySquare to administrative penalties, criminal penalties, civil penalties or other civil actions.

Types of Coverage

Workers' Compensation

Employer's Liability: Bodily injury by Accident Bodily injury by Disease Bodily injury by Disease

Limits of Liability

Statutory

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

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

CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES - F;nal Page 6

3. Commercial General Liability Insurance, including Contractual Liability Insurance. CitySquare shall maintain Commercial General Liability Insurance coverage for the following: (a) Premises Operations; (b) Independent contractors or consultants; (c) Products/Completed operations; (d) Personal injury; (e) Contractual liability; (f) Explosion, collapse and underground; (g) Broad form property damage, to include fire legal liability. Such insurance shall carry a limit not less than Five Hundred Thousand and 00/100 ($500,000.00) for bodily injury, property damage, and blanket contractual coverage per occurrence with a general aggregate of Five Hundred Thousand and 00/100 ($500,000.00) and products and completed operations aggregate of Five Hundred Thousand and 00/100 ($500,000.00).

4. Commercial Automobile Liability Insurance. Prior to using or causing to be used a motor vehicle other than a vehicle for hire (Le. cab), CitySquare shall furnish to the County a certificate showing commercial auto liability insurance covering all owned, hired and non-owned vehicles (excluding cabs) used in connection with the work performed under this Contract, with the minimum limits of State required automobile liability insurance for bodily injury and property damages.

D. Insurance Lapse. Pursuant to Section 94.73 of the Dallas County Code, if CitySquare fails to maintain the insurance required under the Contract continuously at all times during the period stated in the Contract, or otherwise has a lapse in any of the required insurance coverage, including workers' compensation coverage, CitySquare shall reimburse the County for any and all costs, including attorney's fees incurred by the County in curing said default. In the event of any insurance lapse, the County shall retain five percent (5%) of the value of the total Contract sum for a period of six (6) months from the date of the cure of the insurance lapse or the date the Contract has ended, whichever is later, to cover the County's potential exposure to liability during the period of the insurance lapse.

In the event that CitySquare does not maintain any and all insurance as required by the Contract, CitySquare shall immediately cure such lapse at City Square's sole cost and expense, and pay the County in full for all costs and expenses incurred by the County under the Contract as a result of City Square's failure to maintain insurance, including, but not limited to, any and all costs and reasonable attorney's fees relating to the County's efforts to cure such lapse in insurance coverage. Such costs and attorney's fees, which shall not exceed One Thousand Five Hundred Dollars and No Cents ($1,500.00), shall be automatically deducted from monies owed to CitySquare by the County under the Contract. If the monies owed to CitySquare under the Contract are less than the amount required to cure the lapse in coverage, CitySquare shall pay such monies to the County upon written demand. Moreover, upon any lapse of the required insurance by CitySquare, the County shall immediately retain five percent (5%) of the total


value of the Contract to cover the County's potential exposure to liability during the period of such insurance lapse, The five percent (5%) retainage shall be immediately deducted from any monies due to CitySquare by the County under the Contract and held by the County for a period of six (6) months from the date of the cure of the insurance lapse or a period of six (6) months from the date the Contract has terminated, expired, or otherwise ended, whichever is later. If no claim is received by or lawsuits filed against the County for any applicable matters, accidents or injuries that occurred during the lapse of insurance, the retainage shall be promptly retumed to CitySquare upon written request Notwithstanding the foregoing, in the event a claim is received by or lawsuit is filed against the County for applicable matters, accidents, or injuries that occurred during City Square's insurance lapse, the County shall use the retainage to defend, pay costs of defense, or settle any and all such claims, lawsuits, or judgments, with any and all amounts in excess of the retainage to be paid by CitySquare upon written demand by the County,

E, CitySquare agrees that, with respect to the above reference insurance, all insurance contracts/policies will contain the following required provisions:

1, Name County as an additional insured (as the interest of each insured may appear) as to all applicable coverage,

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

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

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

Dallas County Director of Purchasing Records Building, 6th Floor 509 Main Street, Room 623 Dallas, Texas 75202-5799

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

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

CONTRACT FOR HOUStNG AND SUPPORTIVE SERVICES - Final Page 8

G. It is the intent of these requirements and provisions that insurance covers all cost and expense so that the County will not sustain any expense, cost, liability or financial risk as a result of the performance of services under this Contract.

H. Insurance Certificates. The certificates of insurance shall list Dallas County as the certificate holder. All insurance policies or duly executed certificates for the same required to be carried by CitySquare under this Contract, together with satisfactory evidence of the payment of the premium thereof, shall be delivered to the Dallas County Director of Purchasing located at the Dallas County Records Building, 509 Main Street, 6th Floor, Suite 623, Dallas, Texas 75202 within ten (10) days of the effective date, and/or renewal of this Contract and upon renewals and/or material changes of such policies, but not less than fifteen (15) days prior to the expiration of the term of such coverage, or such non-delivery shall constitute a default of this Contract subject to immediate termination at County's sole discretion.

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

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

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

1. To order CitySquare to stop work hereunder this shall not constitute a Suspension of Work;

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

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

(i) Termination of this Contract;

(ii) Demand on any bond, as applicable;

CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES - Enal Page 9

(iii) The right of the County to complete this Contract by contracting with another party. Contract will be fully liable for the difference between the original Contract fee and the actual price paid, which amount is payable to County by CitySquare on demand; or

(iv) Any combination of the above.

4. To utilize any combination of the above.

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

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

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

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

XII. INDEMNIFICATION

A. CitySquare hereby forever waives and releases the County, the Dallas County Family District Courts, the County Commissioners, County Judge and their respective officers, agents, employees, and representatives (referred to collectively as "County") from any and all claims for damages, known or unknown, which may arise as a result, directly or indirectly, of City Square's involvement in the underlying Contract, including, but not limited to the following: any premises or special defects known or unknown to the County; any injury to a person and/or staff; and any injury to other individuals present during City Square's involvement under the terms and conditions of the Contract, including willful acts.

B. AND FURTHER, CitySquare, to the fullest extent allowed by law, agrees to indemnify and hold harmless the County against all claims, demands, actions,

CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES - Final Page to

suits, losses, damages, liabilities, costs and/or expenses of every kind and nature (including, but not limited to court costs, litigation expenses and attomeys' fees) incurred by or sought to be imposed on County because of injury (including death) by any manner or method whatsoever, or damage to property (whether real, personal or inchoate) arising out of or in any way related (whether directly or indirectly, causally or otherwise) to the Contract. This indemnification shall apply, whether or not any such injury or damage has been brought on any theory of liability, including County's negligence, intentional wrongdoing, strict product liability or breach of non-delegable duty. CitySquare further agrees to defend (at the election of the County) at its sole cost and expense against any claim, demand, action or suit for which indemnification is provided hereunder.

C. Approval and acceptance of CitySquare work by the County shall not constitute nor be deemed a release of responsibility .and liability of CitySquare, its employees, subcontractors, agents and vendors for the accuracy and competency of their work; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the County for any defect, error or omission in the work prepared by CitySquare, its employees, subcontractors, agents or vendors. In this regard, CitySquare shall defend, hold harmless and indemnify the County for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient Professional Liability and/or Errors and Omissions insurance in an amount of not less than five hundred thousand dollars ($500,000.00) single limit with certificates of insurance evidencing such coverage to be provided to the County. Such certificates of insurance shall specifically name the County as a loss payee.

XIII. MIWBE COMPLIANCE

CitySquare shall comply with the County's MinoritylWomen-Owned Business Enterprise ("MIWBE") policies and document a good faith effort to secure MIWBE businesses as subcontractors and subconsultants.

XIV. CONFLICT OF INTEREST

A. CitySquare warrants and covenants that neither the County nor its official( s) or employee(s) has or shall have any financial interest, directly or indirectly, in this Contract with the County or is financially interested, directly or indirectly in the sale to the County of any of the goods or services contemplated herein, expect on behalf of County as an official or employee. Any violation of this section, with knowledge, expressed or implied, of the person or corporation contracting with the County shall render this Contract voidable by the Dallas County Commissioners. It is the responsibility of CitySquare during all phases of the contract process to notify the County in writing of any potential conflict of interest.

B. CitySquare warrants that no officer, employee, agent, or consultant of CitySquare who exercises or exercised any functions or responsibilities with respect to this


Contract will obtain any personal or financial interest or benefit from the work performed under this Contract and no employee, officer, or agent of CitySquare shall solicit or accept gratuities, favors or anything of monetary value from the County.

C. CitySquare shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

XV. NONDISCRIMINATION

CitySquare shall ensure that no person shall on the grounds of race, color, religion, sex, handicap, familial status, or national origin be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part with funds provided under this Contract.

XVI. LEGAL AUTHORITY

A. This Contract is entered into by the Parties pursuant to Texas Government Code Chapter 791 and Texas Local Government Code Chapters 81.027 and 394.

B. CitySquare assures and guarantees that it possesses the legal authority to enter into the Contract, receive funds authorized by this Contract, and to perform the services CitySquare has obligated itself to perform hereunder.

C. The person or persons signing and executing this Contract on behalf of CitySquare, or representing themselves as signing and executing this Contract on behalf of CitySquare do hereby warrant and guarantee that he, she or they have been duly authorized by CitySquare to (1) execute this Contract on behalf of CitySquare; and (2) to validly and legally bind CitySquare to all terms, performances, and provisions herein set forth.

D. CitySquare shall not employ, award a contract to, or provide funds to any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by HUD. In addition, the County shall have the right to suspend or terminate this Contract if CitySquare is debarred, suspended, proposed for debarment, or ineligible from participating in any HUD Program.

XVII. LITIGATION AND CLAIMS

CitySquare shall give the County immediate written notice of: (1) any action, including any proceeding before an administrative agency, filed against CitySquare in connection with this Contract and (2) any claim against CitySquare. Except as otherwise directed by the County, CitySquare shall furnish immediately to the County copies of all pertinent papers received by CitySquare with respect to such action or claim.


XVIII. CHANGES AND AMENDMENTS REQUIRED BY LAW

A. Except as specifically provided otherwise in this Contract, any alterations, additions, or deletions to the terms of this Contract shall be by amendment hereto in writing and executed by the parties to this Contract.

B. Any alterations, additions, or deletions to the terms of this Contract which are required by changes in federal or state law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. Any such changes in law shall be forwarded to the County as soon as CitySquare receives notice of same.

XIX. SUSPENSION

In the event CitySquare fails to comply with any term of this Contract, the County may, upon written notification to CitySquare, suspend this Contract, in whole or in part, and withhold further payments to CitySquare, and prohibit CitySquare from incurring additional obligations of funds under this Contract.

XX. TERMINATION

The County may terminate this Contract with CitySquare, in whole or in part, in accordance with this Section with thirty (30) days prior written notice to CitySquare. In the event CitySquare materially fails, as solely determined by the County, to comply with any term of this Contract, whether stated in a federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the County may also take one or more of the following actions:

A. Temporarily withhold cash payments pending correction of the deficiency by CitySquare or take more severe enforcement action against CitySquare, as it sees fit, in the County's sole discretion;

B. Disallow all or part of the cost of the activity or action not in compliance;

C. Withhold future awards from CitySquare;

D. Require CitySquare to repay previously provided assistance; or

E. Take other remedies that may be legally available as determined by County.

XXI. AUDIT

A. Unless otherwise directed by the County, Dallas Central Ministries shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Contract, subject to the following


conditions and limitations:

1. At the option of Dallas Central Ministries, each audit required by this Section may cover either CitySquare's entire operations or each department, agency or establishment of CitySquare which receive, expend, or otherwise administer County funds.

2. Unless otherwise specifically authorized by County in writing, CitySquare shall submit the report of such audit to the County within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this Contract. The audit performed under Subsection A of this Section is subject to review and resolution by the County and its authorized representatives.

3. As part of its audit, CitySquare shall verify expenditures according to the budget and terms contained in Sections IV and V of this Agreement.

B. Notwithstanding Subsection A of this Section, the County reserves the right not to conduct annual financial and compliance audits of funds received and performances rendered, under this Contract. CitySquare agrees to permit County and its authorized representatives to audit City Square's records and to obtain any documents, materials, or information necessary to facilitate such audit.

C. CitySquare understands and agrees that it shall be liable to County for any costs disallowed pursuant to financial and compliance audit( s) of funds received under this Contract. CitySquare further understands and agrees that reimbursement to County of such disallowed costs shall be paid by CitySquare from funds which were not provided or otherwise made available to CitySquare under this Contract.

D. CitySquare shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Section as the County may require of CitySquare.

E. All approved audit reports shall be made available for public inspection within thirty (30) days after completion of the audit.

XXII. SOVERIGN IMMUNITY

This Contract is expressly made subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable State of Texas and federal laws. This Contract and all matters pertinent hereto shall be construed and enforced in accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas County, Texas.

XXIII. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

CitySquare shall 'comply with all applicable federal, state, and local laws, statutes,


ordinances, rules, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of CitySquare under this Agreement. Upon request by the County, CitySquare shall furnish satisfactory proof of its compliance herewith.

XXIV. ASSIGNMENT

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

XXV. FULL FORCE AND EFFECT

A. If a section of this Contract is held illegal or unenforceable by law, the remaining sections of this Contract shall remain in full force and effect.

B. This Contract, including all exhibits and addendums, constitutes the entire agreement between the parties hereto 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 Contract shall be effective unless mutually agreed upon in writing and executed by the parties hereto.

XXVI. NOTICE

Notice under this Contract shall only be accepted if sent by United States mail, return receipt requested, three (3) days after mailing, hand delivery, or overnight delivery by United States Parcel Service and only to the following addresses:

Clay Jenkins Dallas County Judge 411 Elm St Dallas, TX 75202

XXVII. BINDING EFFECT

Larry James President and CEO 511 N. Akard Street, Suite 302 Dallas, TX 75201

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


XXVIII. DEFAULTIWAIVER

It is not a waiver or default if the non-defaulting party fails to immediately declare a default or delays in taking any action, Pursuit of any remedies set forth in this Contract does not preclude pursuit of any additional remedies in this Contract or those provided bylaw.

XXIX. FEDERALLY FUNDED PROJECT

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

XXX. PREVENTION OF FRAUD AND ABUSE

CitySquare shall establish, maintain and utilize internal rnanagement procedures sufficient to provide for the proper, effective management of all activities funded under this Contract. Any known or suspected incident of fraud or Program abuse involving CitySquare's employees or agents shall be reported immediately by the County to the Office of the Inspector General for appropriate action. Moreover, CitySquare warrants to be not listed on a local, county, State or federal consolidated list of debarred, suspended and ineligible contractors and grantees, CitySquare and County agree that every person who, as part of their employment, receives, disburses, handles or has access to funds collected pursuant to this Contract does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse of said funds. CitySquare shall, upon notice by County, refund expenditures of CitySquare that are contrary to this Contract and deemed inappropriate by the Count.

XXXI. FISCAL FUNDING CLAUSE

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


XXXII. SUBCONTRACTING

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

XXXIII. RELATIONSHIP OF PARTIES

CitySquare is an independent contractor and not an agent, servant, joint enterprise or employee of the County. CitySquare 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.

[Signatures on the following page]

CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES Final Page 17

EXECUTED THIS2Dth pAY OF August 2013.

DALLAS C UNjY' l:-.-. 'i 'J /\~y:

RECOMMEN9fR:

~'(- 1~1tl~ By: Ryan Brown Budget Officer Civil Section

APPROVED AS TO FORM*:

CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION

(~V( (~.()./~~ Abril Aberastu ri Assistant District Attorney

'BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVECONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, 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).


EXHIBIT 1

Codified Shelter Plus Care Program Regulation

S+C is subject to the changes made by the Homeless Definition Rule that Is at the end of this Rule.

PART 582·SHEL TER PLUS CARE

Subpart A-General

Sec. 582,1 Purpose and scope 582,5 Definitions"

Subpart a·Assistance Provided

582.100 Program component descrIptions. 582,105 Rental assistance amounts and payments. 582.110 Matching requirement5. 582,115 Limitations on assistance. 582.120 Consolidated plan.

SUbpart C-Application and Grant Award

582.200 Application and grant award. 582.230 Environmenta! review

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24 CFR Ch. V (4-1-09 Edition)

Subpart D-Program Requirements

582.300 General operation. 582.305 Housing quailly standards; rent

reasonableness, 582.310 ResIdent rent. 582.315 OtClJpancy agreements. 582.320 Termlnation of assistance to

partldpants, 582.325 Outreach activities. 582,330 NondiscrimInation and equaJ

opportunity requirements, 582,335 Dlsplacement( relocation, and rea!

property acguisltion. 582.340 Other Federal requirements,

Subpart E-Administration

582.400 Grant agreement. 58Z.405 Program changes. 582.410 Obligation and deobllgation of funds.

AUTHORITY: 42 U.S.C. 3535(d) and 11403· 1l407b.

SOURCE: 58 FR 13892, Mar. 15, 1993, unless otherwise noted.

Subpart A-General § 582.1 Purpose and scope.

Ca) General. The Shelter Plus care program (S+C) Is authorized by title IV, subtitle F, of the Stewart B. McKinney Homeless Asslsrdnce Act (the McKinney Act) (42 U.S.C. 11403· 11407b). S+C is designed to link rental assistance to sUpportiVE services for hard-to-serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alechol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families. The program provides grants to be used for rental aSSistance for permanent housing for homeless persons with disabilities. Rental assistance grants must be matched in the aggregate by supportive services that are equal In value to the amount of rental assistance and appropriate to the needs of the population to be served. Recipients are chosen on a competitive basis nationwide.

(b) Components. Rental assistance Is provided through four com ponents described in § 582.100. Applicant5 may apply for assistance under anyone of the four components, or a combination. [S8 fR 1::892, Mar. 15, 1993, as amended at 61 FR 51169, Sept 30, 1!l96J

espanol.hud.gov EXHIBIT Page 5

Ofe. of Asst. secy., Comm.· Planning, Develop., HUO § 582.5

§ 582.5 Definitions.

The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA), Indian Housing Authority (IHAl, and Secretary are defined in 24 CFR part 5.

As used in this part: .Acquired immunodeficiency syndrome .

(AIDS) and related diseases has the meaning given in section 853 of the AIDS Housing Opportunity Act (42 U.S.c. 12902).

Applicant has the meaning given In section 462 of the McKinney Act (42 U.S.C. 11403g).

Eligible person means a homeless person with disabilities (primarily persons who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have AIDS and related diseases) and, if also homeless, the family of such a person. To be el'lgible for assistance, persons must be very low Income, except that low-income individuals may be assisted under the SRO component in accordance with 24 CFR 813.105(b).

Homeless or homeless Individual has the meaning given in section 103 of the McKinney Act (42 US.c. 11302). ..,

Indian tribe has the meamng given In seeton 102 of the Housing and Community Development Act of 1974 (42 U.S.c. 5302).

Low-!ncome means an annual income not in excess of 80 percent of the median Income for the area, as determined by HUD. HUD may establish Income limits higher or lower than 80 percent of the median income for the ~rea on the basis of its finding that such vanatlons are necessary because of the prevailing levels of construction costs or unusually high or low family incomes.

Nonprofit organization has the meaning given in seeton 104 of the O'anstDn-Gonzalez National Affordable Housing Act (42 U.S ,C. 12704). The term nonprofit organization also indudes a community mental health center established as a public nonprofit organization.

Partidpant means an eligible person who has been selected to participate in S+C.

Person with disabilities means a household composed of one or more persons at, I,east one of whom is an adu!!: who has a dlsat)Jlity.

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(1) A person shall be considered to have a disability if such person has a physical, mental, or emotional impairment which is expected to be of long-continued and Indefinite duration; substantially impedes his or her ability to live independently; and is of such a nature that such ability could be Improved by more suitable housing conditions.

(2) A person will also be considered to have a disability if he Or she has a developmental disability, which is a severe, chronic disability that-

(I) Is attributable to a mental or physical Impairment or combination of mental and physical Impairments;

(II) Is manifested before the person attains age 22;

(iii) Is likely to continue Indefinitely; (iv) Results In substantial functional

limitations in three or more of the following areas of major life actvlty:

CA) Self-care; (8) Receptive and expressive language; (C) Learning; (D) Mobility; (El Self-dlreeton; (F) Capacity for Independent Ilvlng; and (G) Economic self-suffic1ency; and (v) Reflects the person's need for a

combination and sequence of speCial, interdisciplinary, or generic care, treatment( or other services which are of lifelong or extended duration and are Individually planned and coordinated.

(3) Notwithstanding the preceding provisions of this definition, the term person with disabilities Includes, except In the case of the SRO component, two or more persons with disabilities living together, one or more such persons living with another person who Is determined to be Important to their care or well~belng f and the surviving member or members of any household described in the first sentence of this definl~on who were living, in a unit assisted under this part, with the deceased member of the household at ~le time of his or her death. (tn any event, with respect to the surviving member or members of a hQusehold, the right to rental assistance under this part will terminate at the end of the grant period

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§ 582.100

under which the deceased member was a participant.)

Recipient means an applicant approved to receive a S+C grant.

Seriously mentolly III has the meaning given in section 462 ofthe McKinney Act (42 U.S.C. 11403g).

Single room occupancy (SRO) hOusing means a unit for occupancy by one person, which need not but may contain foed preparation or sanitary facilities, or both.

Sponsor means a nonprofit organization which owns or leases dwelling units and has contracts with a recipient to make such units available to eligible homeless persons and receives rental asslstonce payments under the SRA component.

State has the meaning given In section 462 of the McKinney Act (42 U.S.C. 11403g). Supportive service provider, or service provider, means a person or organization licensed or otherwise qualified to provide supportive services, either for profit or not for profit.

Supportive services means asslstonce that(1) Addresses the special needs of eligible

persons; and . (2) Provides appropriate services or assIsts

such persons In obtaining appropriate services, including health care, mental health treatment, alcohol and other substance abuse services, child care services, case management serviCes, counseling, supervision, education, job training, and other services essential for achieving and malntolning Independent living. , (Inpatient acute hospital care does not qualify as a supportive service.).

Unit of general local government has the meaning given In section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302),

Very low-income means an annual Income not In excess of 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may estoblish income limits higher or lower than 50 percent of the median income for the area on the basis of Its finding that such variations are

24CFR eh. V (4-1-09 Edition)

necessary because of unusually high or low family incomes. [61 FR 51169, Sept. 30, 1995! 62 FR 13539, Mar. 21, 1997J

Subpart B-Assistance Provided

§ 582.100 Program component descriptions.

(a) Tenant-based rental asslstonce (TRA). Tenant-based rental asslstonce provides grants for rental assistance which permit participants to choose housing of an appropriate size in which to reside. Participants retain the rental assistance If they move. Where necessary to facilitate the coordination of supportive services, grant recipients may require partldpants to live In a specific area for their en~te period of participation or in a specific structure for the first year and in a speCific area for the remainder of their period of participation. Recipients may not define the area In a way that Violates the Fair Housing Act or the Rehabillto~on Act of 1973. The term of the grant between HUD and the grant reCipient for TRA Is five years.

(b) Project-based rental asslstonee (PRA). Project-based rental assistance provides grants for rental assistance to the owner of an existIng structure, where the owner agrees to lease the subsidized units to participants. Participants do not retain rental asslstonce If they move, Rental subsidIes are provided to the owner for a period of either five or ten years. To qualify for ten years of rental subsidies, the owner must complete at least $3,000 of eligible rehabilitation for each unit (Including the unit's prorated share of worK to be accomplished on common areas or systems), to make the structure decent, safe and sanitary. This rehabilitation must be completed with In 12 months of the grant award.

(c) Sponsor-based rental .ssistonce (SRA). Sponsor-based rentol assistance provides grants for rental assistance through contracts between the grant reCipient and sponsor organizations. A sponsor may be a private, nonprofit organization or a community mental health agency estobllshed as a public nonprofit organization. Partlclpants reside In housing owned or leased by

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Oft:. of Asst. Sec;y., Comm. Planning, Develop., Hue § 582.105

the sponsor. The term of the grant between HUD and the grant recipient for SRA is five years.

(d) Moderate rehabilitEtion for single room occupancy dwellings (SRO). (1) The SRO component provides grants for rentEl assistE"ce in connection with the moderate rehabilitation of single room occupancy housing units. Resources to initially fund the cost of rehabilitEtlng the dwellings must be obtained from other sources. However, the rental assistance covers operating expenses of the rehabilitated SRO units occupied by homeless persons, including debt service to retire the cost of the moderate rehabilitation over a ten-year period.

(2) SRO housing must be In need of moderate rehabilitation and must meet the requirements of 24 CFR 882.803(a). Costs associated with rehabilitation of common areas may be Included in the calculation of the cost for assisted units uased on the proportion of the number of units to be assisted under this part to the total number of units.

(3) SRO assistance may also be used for efficiency units selected for rehabilitation under this program, but the gross rent (contract rent plus any utility allowance) for those units will be no higher than for SRO units (i.e., 75 percent of the O-bedroom Moderate Rehabilitation Fair Market Rent).

(4) The requirements regarding maintenancel operation, and lnspectJons described in 24 crn 882.806(b)(4) and 882.808(n) must be met.

(5) Governing regulations. Except where there is a conflict with any requirement under this part or where specifically provided, the SRO component will be governed by the regulations set forth In 24 CFR part 882, subpart H.

§ S82.10S Rental aSSistance amounts and payments. (a) Eligible activity. S+C grants may be

used for providing rental assistance for housing occupied by participants In the program and administrative costs as provided for in paragraph (e) of this section, except that the housing may not be currently receiving Federal funding for rental assistance or operating costs under other HUD programs. Recipients may design a housing

program that Includes a range of housing types with differing levels of supportive services. Rental assistance may Include security deposits on units In an amount up to one month's rent.

(b) Amount ofthe grant. The amount of the grant ',s based on the number and size of units proposed by the applicant to be assisted over the grant period. The grant a mount is calculated by multiplying the number of units proposed times the applicable Fair Market Rent (FMR) of each unit times the term of the grant.

(c) Payment of grant. (1) The grant amount will be reserved for rental assistance over the grant penod. An applicant's grant request is an estimate of the amount needed for rental assistance. Recipients will make draws from the reserved amount to pay the actual costs of rental assistance for program partiCipants. For TRA, on demonstration of need, up to 25 percent of the total rental assistance awarded may be spent In anyone of the five years, or a higher percentage if approved by HUD, where the applicant provides evidence satisfactory to HUD that it Is financially committed to providing the housing assistance described in the application for the full five-year period.

(2) A recipient must serve at least as many partlclpants as shown In its application. Where the grant amount reserved for rental assistance over the grant period exceeds the amount that will be needed to pay the actual costs of rentEl aSSistance, due to such factor as contract rents being lower than FMRs and participants are being able to pay a portion of the rent, ",ciplents may use the remaining funds for the costs of administering the housing aSSistance, as described In paragraph (e) of this section, for damage to property, as described in paragraph (f) of this section, for covering the costs of rent increases, or for serving a great number of partiCipants.

(d) Vacancies. (1) If a unit assisted under this part is vacate.d before the expiration of the occupancy agreement described In § 582.315 of this part, the assistance for the unit may continue for a maximum of 30 days from the end of the month In which the unit was vacated, unless occupied by another eligible person. No add~lonal assistEnce

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§ 582.110

will be paid until the unit is occupied by another eligible person.

(2) As used In this paragraph (d), the term "vacate" does not include brief periods of Inpatient care, not to exceed 90 days for each occurrence.

(e) Administrative costs. (1) Up to eight percent of the grant amount may be used to pay the costs of administering the housing assistance. Recipients may contraet with another entity approved by ,IUD to administer the housing assistance.

(2) Eligible administrative activities include processing rental payments to landlords, examining participant income and famliy composition, providing housing information and aSSistance, inspecting units for compliance with housing quality stondards, and receiving into the program new participants. This administrative allowance does not include the cost of administering tfle supportive services or the grant (e.g., costs of preparing the application, reports or audits required by HUD), which are not eligible activities under a S+C grant

(f) Property damage. Recipients may use grant funds In an amount up to one month's rent to pay for any damage to housing due to the action of a participant. {53 FR 13892, Mar, 15, 1993, as amer'lded at 61 FR 51170, Sept 30, 1996J

§ 582.110 Matching requirements.

(a) Matching rental assistance With supportve services. (1) To qualify for rental assistance grants, ah applicant must certify that it will provide or ensure t1he provision of supportive services, including funding the services Itself if the planned resources do not become available for any reason, appropriate to the needs of the population oeing served, and at least equal In value to the aggregate amount of rental assistance funded by HUD. The supportive services may be newly created for the program or already in operation, and may be provided or funded by other Federal, State, local, or private programs In accordance with 42 U.S.C. 11403b. This statute provides that a rec1pient may use funds from any source, including any other Federal source (but excluding the specific statutory subtitle from which S+C

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funds are provided), as well as State, local, and private sources, provided that funds from the other source are not statutorily prohibited to be used as a match.

(2) Only services that are provided after the execution of the grant agreement may ceunt toward the match.

(3) It is the responsibility of the recipient to ensure that any funds or services used to satisfy the matching requirements of this section are eligible under the laws governing the funds or services to be used as matching funds or services for a grant awarded under this program.

(b) Availability to participants. Recipients must give reasonable assurances that supportive services will be available to participants for the entire term of the rental assistance. The value of the services provided to a participant, however, does not have to equal the amount of rental assistance provided that participant, nor does the value have to be equal to the amount of rental aSSistance on a year-to-year basis.

(c) Calculating the value of supoortve services. In calculating the amount of the matching supportive services, applicants may ceun!:

(1) Salaries paid to staff of the recipient to provide supportive services to S+C participants;

(2) The value of supportive services provided by other persons or organizations to S+C participants;

(3) The value of time and services contributed by volunteers at the rate of $10.00 an hour, except for donated profeSSional services which may be counted at the customary charge for the service provided (professionai services are services ordinarily performed by donors for payment, such as the services of health profesSionals, that are equivalent to the services they provide in their occupations)i

(4) The value of any lease on a oullding used for the provision of supportive services, provided the value Included in the match is no more than the prorated share used for the program; and

(5) The cost of outreach activities, as described in § 582.325(a) of this part. (58 FR 13992. Mat. 15, 1993, as amended at 73 fR 7532$, Dec. 11. 2008)

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Ofe. of Asst. Secy., Comm. Planning, Develop., HUD

§ 582.115 Limitations on assistance.

(a) Current occupants. Current occupants of the real property are not eligible for assistance under this part. However, as described In § 582,335, persons displaced as a direct rESult of acquIsition, rehabilitation, or demolition for a project under the S+C program are eligible for and must be provided relocation assistance at Uniform Relocation Act levels.

(b) Amount of assistance provided within a jurisdiction, HUD will limit the amount of assistance provided within the jurisdiction of anyone unit of local government to no more than 10 percent of the amount available.

(c) Faith-based activities. (1) Organizations that are religiOUS or faltil-based are eligible, on the same basis as any other organization, to partiCipate in the S+C program. Neither the Federal government nor a State or local government receiving funds under S+C programs shall discriminate against an organization on the basis of the organization'S religious character or affiliatlon.

(2) Organizations that are directly funded under the S+C program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under this part. If an organization conducts such actlvilies, the activities must be offered separately, In time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD·funded programs or services.

(3) A religious organization that participates In the S+C program will retain its independence from Federal, State, and local governments, and may continue to carry out its rnission, Including the definition, practice and expression of its religious beliefs, provided that It does not use direct S+C funds to support any Inherently religious actlvlties, such as worship, religious Instruction, or proselytlzaUon. Among other things, faith-based organizations may use space In their facilities to provide S+C-funded servicesl without removing religiOUS art, icons, scriptures, or other religious symbols. In addition, an S+C-funded religious organization retains its authonty over

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§ 582.120

its Internal governance, and It may retain religious terms in its organizatlon1s name, select its board members on a religious basis, and include religious references In Its organization's mission statements and other governing documents.

(4) An organization that particlpetes In the S+C program shall not, In providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief,

(5) If a State or local government voluntarily contributes Its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, If the funds are commingled, this section applies to all of the commingled funds.

(d) Maintenance of effort. No assistance received under this part (or any State or local government funds used to supplement this assistance) may be used to replace funds provided under any State or local government assistance programs previous!y used, or designated for use, to assist persons with disabilities, homeless persons, or homeless persons with disabilities. (S8 FR 13891, tolar. 15, 199:}. as amended at 68 FR S6407, Sept. 30 2003J '

§ 582.120 Consolidated plan.

(a) Applicants that are States or units of general local government. The applicant must have a HUD-approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and must submit a certification that the application for funding Is consistent with the HUD-approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. If the applicant is a State, and the project will be located in a unit of general local government that Is required to have, or has, a complete consolidated plan, or that is applying for Shelter Plus Gare assistance under the same Notice of Fund Availability (NOFA) and will have an abbreviated consolidated plan with respect to that application, the State also must submit a certification by the unit of generallocai government that the State's application Is consistent with the unit

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§ 582.200

of general local govemment's HUD"approved consolidated plan.

(b) Applicants that are not States or units of general local govemment. The applicant must submit a certification by the Jurisdiction in wilich the proposed project will be located that the jurisdiction Is following ils HUO-approved consolidated plan and the applicanrs application for fUnding is consistent with the jurisdiction's HUD-approved consolidated plan. The certification mu&t be made by the unit of generallocai government or the State, in accordance with the consistency certification provisions of the consolIdated plan regufatlons, 24 CPR part 91, subpart F.

(c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. These entiUes are not required to have a consolidated plan or to make consolidated plan certifications. An application by an Indian tribe or other applicant for a project that will be located on a reservation of an Indian tribe will not require a certiRcation by the tribe or the State. However, where an Indian tribe is the applicant for a project that will not be located on a reservation, the requirement for a certification under paragraph (b) of this section will apply.

(d) nmlng of consolidated plan certiFication submissions. Unless otherWIse set forth in the NOFA, the required certification that the application for funding is consistent with the HUD-approved consolidated plan must be submitted by the funding application submission deadline announced In the NOPA. [60 FR L6379, Mar. 30, 1995]

Subpart C-Application and Grant Award

§ saz.zoo Application and grant award.

(a) Review. When funds are made available for aSSistance, KUO will publish a notice of fund availability In the FEDERAL REGISTER in accordance with the requirements of 24 CfR part 4. Appllca~ons will be revieWed and screened in accordance with the gUidelines, rating criteria and procedures putlished in the notice.


(b) Rating cnteria. HUD will award funds based on the criteria speCified in section 455(a)(1) through (8) of the McKinney Act (42 U.S.C. 11403d(1)- 11403d(8)) and on the following criteria authorized by section 455(a)(9) of the McKinney Act (42 U.S.C. 11403d(9»):

(1) The extent to which the appflcant has demonstrated coordination with other Federal, State, iocal, private and other entities serving homeless persons In the planning and operation of the project, to the extent practicable;

(2) Extent to which the project targets homeless persons living In emergency shelters, supportive housing for homeless persons, or In places not designed for, or ordinarily used as, a regular sleeping accommodation for humon beings;

(3) Quality of the project; and (4) Extent to which the program will serve

homeless persons who are seriously mentally ill, have chroniC alcohol and/or drug abuse problems, or have AID5 and related diseases. (Appf'OllP.d by the Office of Management and Budget under rontro! I1umber2S00·011B) reI FR 51170, Wpt. 30, 1996}

§ 582.230 Environmental reView.

(a) Activities under this part are subject to HUD environmental regulations in part 58 of this title, except that HUD will perform an envlronmenta! review in accordance with part 50 of this title prior to its approval of any conditionally selected applications from PHAs for Fiscal Year 2000 and prior years for other than the SRO component. For activities under a grant In a PHA that generally would be subject to review under part 58, HUD may make a finding in aocordanee with § 58.11(d) and may itself perform the environmental review under the provisions of part 50 of this title If the recipient PHA objects in writing to the responsible entity's performing the review under part 58. Irrespective of whether the responsible entity in accord with part 58 (or HUD in accord with part 50) performs the environmental review, the recipient shall supply all available, relevant information necessary for the responSible entity (or HUD, if applicable) to perform for each property any environmental review required by this part.

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Ofc. of Asst. 5ecy., Comm. Planning, Develop" HUD

The recipient also shall carry out mitigating meaSUres required by the responsible entity (or HUD, if applkable) or select alternate eligible property. HUD may eliminate from considera~on any appllca~on that would require an Environmental Impact Statement (EIS),

(b) The recipient, Its project partners and their contractors may not acquire, rehabilitate, convert, lease, repaIr, dispose of, qemolish, or construct property for a project under this part, or commit or expend HUD or local funds for such eligible activities under this part, until the responsible entity (as defined in § 58.2 of this title) has completed the environmental review procedures required by part 58 and the environmental certification and RROF have been approved or HUD has pelformed an environmental review under part 50 and the recipient has received HUO approval of the property, HUD wlll not release grant funds if the recipient Or any other party commits grant funds (Le., incurs any costs or expendItures to be paid or reimbursed with such funds) before the recipient submits and HUD approves its RROF (where such submission is required). (68 FR 56130, Sept. 29, 2003]

subpart o-Program Requirements

§ 582,300 General operation,

(a) Participation of homeless individuals, (1) Each recipient must provide for the consultation and partidpation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent policy-making entity of the recipient, to the extent that the entity considers and makes policies and decisions regarding any housing assisted under this part or services for the participants. This requirement Is waived if the applicant is unable to meet the reqUirement and presents a plan, which HUD approves, to otherwise consult with homeless or formerly homeless individuals In considering and making such poliCies and decisions, Participation by such an individual who also Is a participant under the program does not constitute a confilet of interest under § 582,340(b) of this part,

§ 582.305

(2) To the maximum extent practicable, each recipient must Involve homeless individuals and families, through employment, volunteer servicesr or otherwrse, !n constructing or rehabilitating housing assisted under this part and In providing supportive services required under § 582,215 of this part,

(b) Ongoing assessment of housing and supportive services. Each recipient of assistance must conduct an ongoiog assessment of the housing assistance and supportive services required by the partiCipants, and make adjustments as appropriate,

(c) Adequate supportive services, Each recipient must assure that adequate supportive services are available tn partiCipants In the program,

(d) Records and reports. (1) Each reCipient must keep any records and, within the tlmeframe required, make any reports (including those pertaining to race, ethnlclty, gender, and disability status data) that HUD may reqUire,

(2) Each recipient must keep on file, and make available to the public on request, a description of the procedures used to select sponsors under the SRA component and buildings under the 5RO, SRA, and PRA components.

(3) Each recipient must develop, and make available to the public upon request, its procedures for managing the rental housing assistance funds provided by HUD, At a minimum, such procedures must describe how units will be identified and selected; how the responsibility for inspections will be handled; the process for deciding which unit a participant will occupy; how partiCipants will be placed in, or assisted In finding appropriate housing; how rent calculations will be made and the amount of rental assistance payments determined; and what safeguards will be used to prevent the misuse of funds. (Approved by the Office: of Management and Budget under control number 2505-011a) [58 FR t3S92, Mar, lS, 1993, ~ Iltl'lended at 51 FRo 51171, Sept. 30 1996} I

§ 582.305 Housing quality standards) rent reasonableness. (a) Housing quality standards. Housing

assisted under this part must meet the

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§ 582.310

applicable housing quality standards (HQS) under § 982.401 of this title-except that § 982.4010) of this title does not apply and Instead part 35, subparts A, 8, K and R of this title apply-and, for SRO under § 882.803(b) of this title. Before any assistance will be provided on behalf of a partldpant, the recipient, or another entity acting on behalf of the recipient (other than the owner of the housing), must physically Inspect each unit to assure that the unit meets the HQS. Assistance will not be provided for units that fail to meet the HQS, unless the owner corrects any defiCiencies within 30 days from the date of the lease agreement and the recipient verifies that all deficiencies have been corrected. Recipients must also inspect all units at least annually during the grant period to ensure that the units continue to meet the HQ5.

(b) Rent reasonableness. HUD will only provide assistance for a unit for Which the tent Is reasonable. For TM, PM, and SRA, It is the responsibility of the recipient to determine whether the rent charged for the unit receiving rental assistance ts reasonable In reJation to rents being charged for comparable unassisted units, taking 1nm account the location, size, type, quality, amenities, facilities( and management and maintenance of each unit, as well as not in excess of rents currently being dharged by the same owner for comparable unassisted units. For SRO, rents are calculated in accordance with 24 CFR 882.805(g). (58 FR 13BS2, Mar. 15, 1993, i,15 amended at 61 FR sun, ~p!:. 30, 1996; Sf fR 50225, Sept, 15, 1999J

§ 582.310 Resident rent.

(a) Amount of rent. Each participant must pay rent in accordance with section 3(a)(1) of the U.S. HOUSing Act of 1937 (42 U.S.c. 1437a(a)(1)), except that in determining the rent of a person occupying an intermediate care facility assisted under title XIX of the Social Security Act, the gross income of this person Is the same as If the person were being assisted under title XVI of the Social Security Act.

(b) Calcula~ng income. (1) Income of partcipants must be calculated in accordance with 24 CFR 5.609 and 24 CFR 5.611(a).

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(2) Recipients must examine a partdpanes income initially, and at least annually thereafter, to determine the amount of rent payable by the partclpant Adjustments to a partiCipant's rental payment must be made as necessary.

(3) As a conditiOn of participation in the program, each participant must agree to supply the information or documentation necessary to verify the participant's income. Partclpants must provide the recipient information at any time regarding cihanges In income or other circumstances that may result in changes to a particlpanes rental payment [56 FI< 6225, lan.19, 2001)

§ 582.315 Occupancy agreements.

(a) Initial occupancy agreement. Participants must enter Into an occupancy agreement for a term of at least one month. The occupancy agreement must be automatically renewable upon expiration, except on prior notice by either party.

(b) Terms of agreement. in addition to standard lease provisions, the occupancy agreement may also include a provision requiring the participant to take part in the supportive services provided through the program as a Cllndltion of continued occupancy.

§ 582.320 Termination of assistance to participants. (a) Termination of assistance. The recipient

may terminate assistance to a participant who violates program requirements or conditions of occupancy. Recipients must exercise judgment and examine all extenuating circumstances In determining when Violations are serious enough to warrant termination, sa that a partiCipant's assistance Is terminated only in the most severe cases. Recipients are not prohibited from resuming assistance to a partiCipant whose assistance has been terminated.

(b) Due process. In terminating assistance to a partiCipant, the reCipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law, This process, at a minimum, must consist of:

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Ofe. of Asst. Secy., Comm. Planning, Develop., HUD § 582.330

(1) Written no~ce to the parnclpant ·containing a clear statement of the reasons for termInation;

(2) A review of the deciSion, In which the participant is given the opportunity to present written or oral obje~ons before a person other than the person (or a subordinate of that person) who made or approved the termination decisJon; and

(3) Prompt written notice of the final decision to the participant.

§ 582.325 Outreach activities.

Recipients must Use their best efforts to ensure that eligible hard·to-reach persons are served by s+c. Recipients are expected to make sustained efforts to engage eligible persons 50 that they may be brought into the program, Outreach should be primarily directed toward eligible persons who have a nighttime residence that Is an emergency shelter or a public or private place not deSigned for, or ordinarily used aSl a regutar sleeping accommodation for human beings (e.g., persons living In cars, streets, and parks). Outreach activities are considered to be a supportive service, and the value of such activities that occur after the execution of the grant agreement may be Included in meeting the matching requirement.

§ 582.330 Nondiscrimination and equal opportunity requirements. (a) General. Recipients may establish a

preference as part of their admissions procedures for one or more of the statutorily targeted papulations (i.e., seriously mentally ill, alcohol or substance abusers, or persons with AIDS and related diseases). However, other eligible disabled homeless persons must be considered for housing designed for the target population unless the recipient can demonstrate that there is sufficfent demand by the target population for the units, and other eligible disabled homeless persons would not benefit from the primary supportive services provided.

(b) Compliance with requirements, (1) In addition to the nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5, recipients serving a designated population of

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homeless persons must, within the designated population, comply with the prohibitions against discrimination against handicapped individuals under section 503 of the RehabJlltatlon Act of 1973 (29 U.S.C, 794) and Implementing regulations at 41 CPR chapter 60-741.

(2) The nondiscrimination and equal opportunity requirements set forth at palt 5 of this title are modified as follows: (i) The Indian Civil Rlghts Act (25 U,S.C. 1301 et seq.) applies to tribes when they exercise their powers of self-government, and to lHAs when established by the exencise of such powers. When an IHA is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case·by-case basis. Projects subject to the Indian Civil Rights Act must be developed and operated in compliance with its provisions and all Implementing HUD reqUirements, instead of title VI and the Fair Housing Act and their implementing regulations.

(II) [Reserved] (c) Affirmative outreach. (1) If the

procedures that the recipient Intends to use to make known the availability of the program are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for aSSistance, the recipient must e..<tablish additional procedures that will ensure that interested persons can obtain information concerning the assistance.

(2) The recipient must adopt procedures to make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of Implementation of the procedures.

(d) The accessibility reqUirements, reasonable modificatlon, and accommodation requirements of the Fair Housing Act and of se~on 504 of the Rehabilitation Act of 1973, as amended,

(58 FR 13892, Mar. 15, 1993, as emended ut 61 FR 5210, Feb, 9, 19961

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§ 582..335

§ 582.335 Displacement, relocation, and real property acquisition. (a) Minimizing displacement. Consistent

with the other goals and objectives of this part, recipients must a,'Sure that they have taken all reasonable steps to minimize the displacement of persons (families, Individuals, businesses, nonprofit organizations, and farms) as a result of supportive housing assisted under this part.

(b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described In, and In accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.c. 4601-4655) and Implementing regulations at 49 CfR part 24.

(e) Real property acqUisition recuirements. The acquisition of real property for supportive housIng is subject to the URA and the requirements described in 49 CFR part 24, subpart B.

Cd) Responsibility of reCipient. (1) The recipient must certify (i.e., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions.

(2) The cost of reculred relor.ation assfstance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources.

(3) The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section.

(e) Appeals. A person who disagrees with the recipients determination concernIng whether the person qualifies as a "displaced person,!! or the amount of relocatlon assistance for which the person is eligible, may file a written appeal of that determination with the recipient. A iow-income person who fS dissatisfied with the recipient's determination on his or her appeal may submit a written request for review 01 that determination to the HUD field office.

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24 CfR Ch. V (4-1-09 Edition}

(f) Definition of displaced person_ (1\ For purposes of this section, the term "displaced person" means a person (family, individual business, nonprofit organizabon, or Farm) that moves from real property, or moves personal property from real property permanently as a direct result of acqulsttlon, rehabilitation, or demolition for supportive housing project assisted under thIs part_ The term "displaced person" Includes, but may not be limited to:

(I) A person that moves permanently From the real property after the property owner (or person in control of the Site) issues a vacate notice or refuses to renew an expiring lease, if the move occurs on or after:

(A) The date that the recipient submits to HUD an application for assistance that Is later approved and funded, if the recipient has control of the project site; or

(B) The date that the recipient obtains control of the project s~e, if such control is obtained after the submission of the application to HUD.

(Ii) Any person, including a person who moves before the date described in paragraph (f)(l)(i) of this section, if the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project.

(Iii) A tenant-occupant of a dwelling unit who moves permanently from the building/complex on or after the date of the "initiation of negotiations" (see paragraph (g) of this section) ifthe mOve occurs before the tenant has been provided written notice offering him .or her the opportunity to lease and occupy a SUitable, decent, safe and sanitary dwelling in the same building/ complex, under reasonable terms and condItions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of:

(A) The tenanrs monthly rent before the initiation of negotiations and estimated average utility costs, or

(8) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a reasonable basis for concluding at the time

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Ofe. of Asst. Secy., Comm. Planning, Develop., HUD § 582.340

the project is initiated that future rent Increases will be modest.

(iv) A tenant Df a dwelling who is required to reiocate temporarily, but does not return to the building/complex, If either!

CA) A tenant IS not offered payment for all reasenable out-oF-pocket expenses Incurred in connection with the temporary relocation, or

(8) Other conditions of the temporary relocation are not reasonable.

Cv) A tenant of a dwelling who moves from the building/complex permanently after he or she has been required to move to another unit In the same building/complex, if either:

(A) The tenant Is not offered reimbursement for all reasonable out-of-pocket expenses incurred In connectIon with the move; or

(8) Other conditions of the move are not reasonable.

(2) Notwithstanding the provisions of paragraph (1)(1) of this seetlon, a person does not qualify as a "dIsplaced person" (and Is not eligible for relocation assistance under the URA or this section), if:

(I) The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of appliCllble Federal, State, or [ocal or tribal law, or other good cause, and HUD detennlnes that the eviction was not undertaken for the purpose of evading the obligation to provIde relocation assistance;

(ii) The person moved Into the property after the submission of the application and, before signing a lease and commencing occupancy, Was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this section), if the project Is approved;

(fil) The person is ineligible under 49 CFR 24.Z(g){2); or

(Iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project.

(3) The recipient may request, at any time, HUD's determination of whether

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a displacement is or would be 60vered under this seetlon.

(g) Definition of initiation pf negotiations. For purposes of detemnlnlng the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately u~dertaken rehabilitation, demolition, or a<;quisltlon of the real property, the term "lnloat1&n of negotiations' means the execution of the agreement between the reeplcint and HUD, or selection of the project Site, If later. , § 582.340 Other Federal requirements.

In addition to the Federal requirements set forth in 24 CFR part 5, the following requirements apply to this program:

Ca) OMB Clrculars.l (1) TlJe pOlicies, guidelines, and requirements of OMB Circular No. A-S7 (Cost Principles Applicable to Grants, Contracts and Other Agreemen,ts with state and Local Governments) and 24 CFi< part 85 apply to the acceptance and use of assistance under the program by governmental entitles, and OM8 Circular Nos. A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and 24 CFR part 84 and A-122 (Cost Prlndples Applicable to Grant" Contracts and Other Agreements With Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where Inconsistent with provisions of the McKinney Act, other Federal stetutes, or this part.

(2) The financial management systems used by reCipients under this program must provide for audits In accordance with the proviSions of 24 CFR part 44. Private nonprofit organizations who are subreciJJjents are subject to the audit requirements of 24 CFR part 45. HUD may perform or require additional audits as It finds necessary or appropriate.

(b) Conflict of Interest. (1) In addition to the conflict of interest requirements

1 CopIes of OMS Clrculi,US may be obtained frtlm ED.? publlcat!ons. room Z200, New Executiye Offlce aUildln9, WashIngton, DC 20503/ teJepl10ne (102) J95-713'l. (ThIs is not a to1!-fre.e number,) There is a fim'l~ fi two free copies.

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§ 582.400

in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises or has exercised any functions or responsibllttles with respect to assisted activities, or who is in a posi~on to partiCipate in a decisionmaklng process or gain inside informatlon with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontractl or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter, Participation by homeless individuais who also are participants under the program In policy or dedsionmaklng under § 582300 of this part does not constitute a confiict of interest.

(2) Upon the written request of the redplent, HUD may grant an exception to the provisions of paragraph (b)(l) of this section on a case-by-case basis when It determine that the exception wJH serve to further the purposes of the program and the effectIve and efficient administration of the recipient's project, An exception may be considered only after the recipient has provided the following:

(I) For States, units of general local governments, PHAs and IHAs, a disclosure of the nature of the confilct, accompanied by an assurance that there has been public disciosure of the confiict and a description of how the public disclosure was made; and

(il) For.iI reCipients, an opinion of the reciplenfs attorney that the Interest for which the exception Is sought would not violate State or local law,

(3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (b)(2) of this section, HUD will consider toe cumulative effect of the following factors, where applicable:

(i) Whether the exception would provide a significant cost benent or an essential degree of expertise to the project which would otherwise not be available;

(Ii) Whether the person affected Is a member of a group or class of eligible persons and the exception will permit

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24 CPR Ch. V (4-1-09 Edition)

such person to receive generally the same interests or benefits as are being made available or provided to the group or class;

(III) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the spedfic assisted activity in question;

(Iv) Whether tile interest or benefit was present before the affected person was in a position as described In paragraph (b)(l) of this section;

(v) Whether undue harciship will result eltller to the recipient or the person affected when weighed against the public Interest served by avoiding the prohibited conflict; and

(vi) Any otherrelevant considerations,

[58 FR 13892, Mar, 15, 19!13, ;lS ilrmlnded at 61 FR 5Z10, Feb, 9, 19%; 51 FR 51171, Sept. 3\1. 1996; 62 FR 13539, Mar. 24 1997}

Subpart E-Admlnistratlon § 582..400 Grant agreement.

(a) General. The grant agreement will be between HUD and the recipient. HUD wifl hold the reCipient responsible for the overall administration of the program, indudlng overseeing any subrecipients or contractors, Under the grant agreement, the recipient must agree to operate the program in accordance with the provisions of this part and other applicable HUD regulations,

(b) Enforcement, HUD will enforce the obligations in the grant agreement through such action as may be necessary, lncludfng recapturing assistance awarded under the program.

§ 582.405' Program changes.

(a) Changes, HUD must approve, in wliUng, any significant changes to an approved program, Significant changes that require approval Include, but are not limited to, a change in sponsor, a change In the project site for SRO or PRA with rehabilitation projects, and a change In the type of persons with disabilities to be served, Depending on the nature of the change, HUD may require a new certification of conSistency with the CHAS (see § 582.120),

espunoLhud.goy ?llge )7

Ofc, of Asst. Secy., Comm, Planning, Develop" HUD

(b) Approval. Approval for such changes is contingent upon the application ranking remaining high enough to have been competitively selected for funding In the year the application was selected.

§ 582,410 Obligation and deobligatlon offunds. (a) Obligation of funds. When HUD and the

applicant execute a grant agreement, HUD will obligate funds to cover the amount of the approved grant. The recipient will be expected to carry out the activities as proposed In the application, After the Initial obligation of funds, HUD is under no obligation to make any upward revisions to th€' grant amount for any approved assistance,

(b) Deobligation, (1) HUD may deobligate all or a portion of the approved grant amount if such amount Is not expended in a timely manner, or the proposed'housing for which funding was approved or the supportive services proposed in the application are not provided in accordance with the approved application, the requirements of this part, and other applicable HUD regulations, The grant agreement may set forth other circumstances under which funds may be deobllgated, and other sanctions may be imposed,

(2) HUD may readvertise, In a notice of fund availabllity, the availability of funds that have been cteobllgated, or may reconsider applications that were submitted In response to the most recently published notice of fund avallabllily and select applications for funding with the deobligated funds, Such selections would be made in accordance with the selection process described in § 582,220 of this part. Any selections made using deobllgated funds will be subject to applicable appropriation act requirements goveming the use of deobligated fundlrlg authority, (Approved by the Office of Management and Budget under ;;entrel number 250&-0118)

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§ 583.1

PDgc JS

The 2011 Amendments to the Shelter Plus Care Codified Regulation

PART 582-SHElTER. PLUS CARE PROGRAM

3. The authority citation for 24 CFR part 582 continues to read as follows:

Authority: 42 U.s.c. 3535(d), and 1140H1407b.

4. In § 582.5, the definition of Homeless or homeless Individual" is removed, the definitions of "Developmental disability" and "Homeless" are added, and the definition of "Person with disabili~es" is reVised to read as follows:

&582.5 Definitions.

* *' * * Developmental disability means, as defined

in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.c. 15002):

(1) A severe, chronic disability of an individual that-

(I) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(ii) Is manifested before the individual attains age 22;

(Iii) Is likely to continue indefinitely; (iv) Results in substantial functional.

limitations in three or more of the follOWing areas of major life activity:

CA) Self-care; (8) Receptive and expressive language; (e) Learning; (D) Mobility; (E) Self-direction; (F) Capacity for independent living; (G) Economic self-sufficiency; and

(v) Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services! individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

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Billing Code 421Q-67

(2) An Individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described in paragraphs (1)(1) through (v) of the definition of "developmental disability" in this section if the individual, without services and supports, has a high probability of meeting those criteria later in life.

* * * *

Homeless means: (1) An individual or family who lacks a fixed,

regular, and adequate nighttime residence, meaning:

(I) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned bulldlngl bus or train stationl airport, or camping ground;

(ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or

(iii) An individual who is exiting an Institution where he or she resided for 90 days or less and who resided In an emergency shelter or place not meant for human habitation Immediately before entering that institution;

(2) An individual or family who will imminently iose their primary nighttime reSidence, provided that:

(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;

(ii) No subsequent residence has been identified; and

(iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;

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(3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:

(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.c. 5732a), section 637 of the Head Start Act (42 U.S.c. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.s.c. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. 2S4b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.c. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.c. 1786(b)), or section 72S of the McKinney-Vento Homeless Assistance Act (42 U.S.c. 11434a);

(ii) Have not had a lease, ownership Interest, or occupancy agreement in permanent housing at any time during the 60 days Immediately preceding the date of application for homeless assistance:

(iii) Have experienced perSistent instability as measured by two moves or more during the 50-day period immediately preceding the date of applying for homeless assistance: and

(iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect): the presence of a chiid or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Deveiopment (GED), illiteracy, low English profiCiency, a history of incarceration or detention for criminal activity, and a history of unstable employment: or

(4) Any Individual or family who: 0) Is fleeing, or is attempting to flee,

domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

(Ii) Has no other residence; and (iii) Lacks the resources or support

networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.

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* * * ;.c

Person with disabilities means a household composed of one or more persons at least one of whom is an adult who has a disability.

(1) A person shall be considered to have a disability if he or she has a disability that:

(i) Is expected to be long-continuing or of indefinite duration:

(ii) Substantially impedes the individual's ability to live independently;

(iii) Could be improved by the provision of more suitable housing conditions; and

(Iv) Is a physical, mental, or emotional impairment, Including an impairment caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury.

(2) A person will also be considered to have a disability if he or she has a developmental disability, as defined In this section.

(3) A person will also be considered to have a disability if he or she has acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome, Including infection with the human immunodeficiency virus (HIV).

(4) Notwithstanding the preceding provisions of this definition, the term person with disabilities includes, except in the case of the SRO component, two or more persons with disabilities living together, one or more such persons living with another person who Is determined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition who were living, in a unit assisted under this part, with the deceased member of the household at the time of his or her death. (In any event, with respect to the surviving member or members of a household, the right to rental assistance under this part will terminate at the end of the grant period under which the deceased member was a participant.)

5. A new § 582.301 is added to read as Follows:

§ 582.301 Recordkeepinq;.

(a) [Reserved.]

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(b) Homeless status. The recipient must maintain and follow written intake procedures to ensure compliance with the homeless definition In § 582.5. The procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status. The procedures must establish the order of priority for obtaining evidence as third-party documentation first, Intake worker observations second, and certification from the person seeking assistance third. However, tack of third-party documentation must not prevent an Individual or family from being immediately admitted to emergency shelter, receiving street outreach services, or being Immediately admitted to shelter or receiving services provided by a victim service provider, as defined in section 401(32) of the McKinney-Vento Homeless Assistance Act, as amended by the HEARTH Act. Records contained In an HMIS or comparable database used by Victim service or legal service providers are acceptable evidence of third-party dot'Umentatlon and intllke worker observations if the HMIS retains an audltable history of all entries, inclUding the person who entered the data, the date of entny, and the change made; and If the HMIS prevents overrides or changes of the dates entries are made.

(1) If the individual or family qualifies as homeless under paragraph (1) (i) or (ii) of the homeless definition in § 582.5, acceptable evidence Indudes a written observation by an outreach worker of the conditions where the Individual or family was living, a written referral by another housing or service provider, or a certification by the Individual or head of household seeking assistance.

(2) If the individual qualifies as homeless under paragraph (i)(Iii) of the homeless definition in § 5825, because he or she resided In an emergency shelter or place not meant for human habitation and is exiting an Institution where he or she reSided for 90 days or less, acceptable evidence indudes the eVidence described In paragraph (b)(l) of this seotion and one of the following:

(I) Discharge paperwork or a written Of oral referral from a social worker, case manager, or other appropriate official of the institUtion, stating the beginning and end dates of the time residing In the institution. All oral statements must be recorded by the Intake worker; or

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(iI) Where the evidence in paragraph (b)(2)(i) of this section Is not obtainable, a written record of the intake worker's due diligence In attempting to obtain the evidence described In paragraph (b)(2)(i) and a certification by the Individual seeking assistance that states he or she Is exiting or has just exited an (nstltution where he or she resided For 90 days or less.

(3) If the individual or family qualifies as homeless under paragraph (2) of the homeless dennltion In § 582.5, because the Individual or family wlllimminentiy lose their housing, the eVIdence must inclUde:

(O(A) A court order resulting from an eViction action that requires the IndiVidual or family to leave their residence within 14 days after the date of their application for homeless assistance; or the equivalent notice under applicable state law, a Notice to Quit, or a Notice to Terminate Issued under state law;

(8) For Individuals ahd famiiies Whose primary nighttime residence is a hotel or motel room not paid for by charitable organizations or federal, state, or local government programs for low-income indlVidua!s, evidence that the Individual or family lacks the resources necessany to reside there for more than 14 days after the date of appiication for homeless asslstancej or

(el An oral statement by the individual or head of household that the owner or renter of the housing in which they currently reside will not allow them to stay for more than 14 days after the date of application for homeless assistance. The intake worker must record the statement and certify that it was found credible. To be found credible, the oral statement must either: (I) be verified by the owner or renter of the housing in which the individual or family resides at the time of applicalion For homeless assistance and be documented by a written certification by the OWner or renter or by the intake worker!s recording of the owner or renter's oral statement; or (II) If the intake worker is unable to contact the owner or renter, be documented by a written certification by tile intake worker of his or her due diligence In attempting to obtain the owner or renters verification and the written certification by the individual or head of household seeking assistance that his or her statement was true and complete;

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(Ii) Certification by the individual or head of household that no subsequent residence has been Identified; and

(iii) Certification or other written documentation that the individual or family lacks the resources and support networks needed to obtain other permanent housing.

(4) IFthe Individual or family qualifies as homeless under paragraph (3) of the homeless definition in § 582.5, because the individual or family does not otherwise qualify as homeless under the homeless definition but is an unaccompanied youth under 25 years of age, or homeless family with one or more children or youth, and Is defined as homeless under another Federal statute Or section 725(2) of the McKlnneyVento Homeless Assistance Act (42 U,S,C. 11434a(2)), the evidence must include:

(I) For paragraph (3)(1) of the homeless definition In § 582.5, cert~ication of homeless status by the local private nonprofit organi,ation or state or local governmental entity responsible for administering asSistance under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq,), the Head Start Act (42 U.S,C. 9831 et seq.), subtitle N of the Violence Against Women Act of 1994 (42 U,$,C, 14043e et seq,), section 330 of the PUblic Health Service Act (42 U.S.c. 254b), the Food and Nutrl~on Act of 2008 (7 U,S,C. 2011 et seq,), section 17 of the Child Nutrition Act of 1966 (42 U.S,C. 1786), or subtitle 8 of title VlI of the MCKinney-Vento Homeless Assistance Act (42 U,S,C. 11431 et seq.), as applicable;

(ii) For paragraph (3)(11) of the homeless definition in § 582,5, referral by a housing or service provider/ written obse-rvatiotl by an outreach worKer, or certification by the homeless individual or head of household seeking assistance;

(iii) For paragraph (3)(lIi) of the homeless definition in § 582.5, certification by the IndiVidual or head of household and any available supporting documentation that the individual or famfiy moved two or mare times during the 60·day period Immediately preceding the date of application for homeless aSSistance, Including: recorded statements or records obtained from each owner or renter of housIng, provider of shelter or housing, or social worker, case worker, or other appropriate official of a hospital or Institution in which the Individual or family reSided; or, where these

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statements or records are unobtainable a written record of the intake worker1s d~e diligence in attempting to obtain these statements or records. Where a move was due to the individual or family fleeing domestic violence, dating VI?lence, sexual assault, or stalking, then the Intake worker may alternatively obtain a written certification from the Individual or head of household seeking assistance that they were fleeing that situation and that they resided at that address; and

(Iv) For paragraph (3)(lv) of the homeless definition in § 582,5, written diagnosis from a professional who is licensed by the state to diagnose and treat that condition (or intake staff-recorded observation of disability that within 45 days of the date of application for assistance Is confirmed by a professional who is licensed by the state to diagnose and treat that condition); employment records, department of corrections records; literacy, English proficiency tests; or other reasonable documentation of the conditions required under paragraph (3)(iv) of the homeless definition, (5) If the Individual or family qualifies under

paragraph (4) of the homeless definition in § 582,5, because the individual or family is fleeing domestIc vlolencel dating violencet sexual assaUlt, stalking, or other dangerous or life-threatening conditions related to violence then acceptable evidence Includes an oral ' statement by the individual or head of household seeking assistance that they are fleeing that situation, that no subsequent residence has been identified, and that they lack the resources or support networks e,g, famity, friends, faith~based or other sO~ia! l

networks, needed to obtain other housing, If the indiVidual or family is receiving shelter or services pr?vided by a victim service provider, as defined IrJ section 401(32) of the McKinneyNentn-Homeless Assistance Act, as amended by the HEARTH Act, the oral statement must be documented by either a certificatiOn by the Individual or head of household, or a certification by the intake worker. Otherwise, the orol statement that the individual or head of household seeking assistance has not Identified a subsequent residence and lacks the resources or support networks, e.g" family, friends, faith-based or other social networks, needed to obtain housing must be documented by a certification by the

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individual or head of household that the oral statement is true and complete, and, where the safety of the individual or family would not be jeopardized, the domestic Violence, dating violence, sexual assault, stalking or other dangerous or life-threatening condition must be verined by a written observation by the intake worker or a written referral by a housing or service provider, socia! worker, health~care provider, law enforcement agency, legal assistance provider, pastoral counselor, or any other organization from whom the Individual or head of household has sought assistance for domestic violence:, dating violence, sexual assault, or stalking. The written referral or observation need only include the minimum amount of information necessary to document that the individual or family is fleeing, or attempting to fiee domestic violence, dating violence, sexual assault, and stalking.

(c) DlsabiJity.-Each reCipient of assistance under this part must maintain and follow wrttten intake procedures to ensure that the assistance benefits persons with disablilties, as defined in § 582.5. in addition to the documentation required under paragraph (b), the procedures must require documentatIon at intake of the evidence relied upon to establish and verify the disability of the person applying for homeless assistance, The recipient must keep these records for 5 years after the end of the grant term. Acceptable evidence Of the disability includes:

(1) Written verification of the disability from a professional licensed by the state to diagnose and treat the disability and hiS or her certiftcatlon that the disability Is expected tc be long·contlnuing or of indefinite duration and substantially impedes the indiVidual's ability to live Independently; Written verification from the Social Security Administration;

(2) The receipt of a disability check (e,g., Soci,1 Security Disability Insurance check or Veteran Disability Compensation);

(3) Intake staff-recorded observation of disability that, no iater than 4S days of the application for assistance, is confirmed and accompanied by evidence in paragraph (c)(l), (2), (3), or (4) of this section; or

(4) Other documentation approved by HUD.

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EXHIBIT 2

TENANT-BASED RENTAL ASSISTANCE (TRA)

1. The Recipient is Dallas County.

2. HUD agrees, subject to the terms of the Agreement to provide the Grant Funds in the amount

specified below for the approved project(s) described in the Application. HUD's total funding

obligation is $253,353 for 28 units of tenant-based rental assistance.

3. The term of this Grant Agreement shall be one (1) year. One-year renewal grants cannot be

extended and unobligated balances will be recaptured by HUD at the end of the grant period.

4. Recipients shall receive aggregate amounts of Grant Funds not to exceed the appropriate

existing housing fair market rental value under Sec. 8(c) (1) of the United States Housing Act of

1937 in effect at the time the Application was approved. This fair market rent may be higher or

lower than the fair market rent in effect at the time of application submission.

5. The effective date of the Agreement shall be the expiration of the prior grant that is being

renewed (applicable only to renewals of grants whose terms have not been extended).

Certification of Chronic Homelessness Name ________________________________ _ Date _________ _

Housing History (Supporting documentation must be attached to this summary sheet.)

Most Recent Year Monthl'lear DescrlDtion of Homelessness

Second Prior Year MonthlYear Descrintlon of Homelessness

~ __ ·_-rc--___ --:c-;---..,-----TC'-h!!'.ird"-'-'Pr~io"'-r-'-Y.'2ea~r-------------___ ..., f-l:M!'eo,,!n£th'L!Y~e~a!!..r_+D~escrjption of Homelessness ~-.---------------I

Verification Methods: (shelter records; outreach programs; day resource centers; medical services; law enforcement; church programs; case manager; etc.) Write down all that apply.

For an applicant to qualify as "chronically homeless: an individual must (check all that apply): ___ Be an unaccompanied homeless person; ___ Have a disabling condition that is a diagnosable substance abuse disorder, a serious mental Illness, a developmental disability and/or a chronic physical illness or disability, including the co-occurrence of two or more of these conditions* ___ Has been continuously homeless for a year or more OR ___ Has had four (4) episodes of homelessness in the last three (3) years.

*Spedflc Disabling Condition' ____________ (Attach supporting documentation.)

___ ThiS applicant qualifies as Chronically Homeless.

___ ThiS applicant DOES NOT qualifiy as Chronically Homeless.

TRAC Coach Signature

Residential Services Director 519n8ture' _______________ _

Date: ___ _

Date:

~ EXHIBIT

i 3(\ ~

Documentation of Homelessness for Program Entry SHELTER PLUS CARE

Participant Name: _________________ Date: _____ _

current living Situation (Check one):

housJng homeless persons who otiglnally came from the streets or an emergency sheltsr.

aD HlSllUJnUn and previously resIded on

the streets, in an emergency shelter, or in transitlona.l housing.

on agency letterhead) from discharging I that the participant has been residlng in the institution tor tess than 30 days; and Information on the previous living situation. Preferably, thrs wit! be the Institution's written, signed, and dated verification on the individual's homeless status when he/she entered the institution, !fthe Instftutlon's staff did not verify the individual's homeless status upon entry mto the instftution, will need to verify that status

I

Disabling Condition (Check one or more):

Disabling Condition Documentation Required A disability as defined by SectIon 223 of Verification of benefits from the Sodal Security Administration the Social Security Act A physical, mental or emotional Written statement from a qualified medical professional that, Impairment which: · Identifies the physicall mental or emotional ImpaIrment,

• Is expected to be of long-contInued • Why ~ is expected to be of long-continued or Indefln~e duration, and indefinite duration. • How it impedes the individual's ability to live independently and

• Substantially Impedes an · How the Individual's ability to live Independently could be improved by individual's ability to live more suitable living conditions, independently, and

• Is of such a nation that such ability could be Improved by more suitable housino conditfons.

Developmental disability as defined in Written statement from a qualified medical professional that identifies a Section 102 of the Developmental developmental disability. Disabilities Assistance and 8111 of Rights Act. AIDS or any conditions arising from the Written statement from a qualified medica I professional that Iden~fies AIDS etiologic agency for acquired or related conditions. immunodeficiency syndrome.

I certify that the information presented above is true and accurate. Required documentation Is attached.

TRAC Coach Signature ____________________ Date: _____ _

Residential Services Director Signarure ___ • ____________ _ Date: _____ _

~ EXHIBIT

g 3b !

SHELTER PLUS CARE VERIFICATION OF DISABILITY FORM

DATE' _______ _

TO: -----------------FROM' __________________ __

__ ---,---:-:---,.-_____ has applied for housing assistance under the Supportive Housing program of the U.S. Department of Housing and Urban Development (HUD). Verification of all information that is used in determining this person's eligibility or level of benefits is required by HUD.

We request your cooperation in completing and returning the attached form as quickly as possible to the provider listed above. Your prompt return of this information will help to assure timely processing for housing assistance. .

Enclosed is the consent for release of information about the disability which has been completed by the applicant.

Please do not hesitate to contact us if you have any questions or concerns.

Thank you for your cooperation.

Sincerely,

INSTRUCTIONS:

SHELTER PLUS CARE VERIFICATION OF DISABILITY FORM

A qualified professional with one of the following credentials (MD, DO, LCPC, LCSW, APRN-BC, NP) must complete this form. Sections 1 AND 2 of the form which apply to:

DOB: ____ _

SECTION 1: APPLrES TO INDIVIDUALS WITH PSYCHIATRIC DISABILITIES, CHRONIC SUBSTANCE ABUSE AND HIv/A1DS

The above named individual is an adult having a physical, mental, or arnotlonallmpairment that:

(al is expected to be of long-continued and indefinite duration, AND

(b) substantially impedes the person's abilay to live independently, AND

(c) is such that the parson's ability to live independently could be Improved by more suitable housing conditions.

If a, b, and c above are true then please check 'Yes', otherwise check 'No' 0 YES 0 NO

SEcnON 2: APPLIES TO ALL INDIVIDUALS

For each numbered item below, mark an .IX\; in the applicable box that accurately descrlbes the person listed above.

1. YES _NO fias a phYSical, mental, or emotional Impairment that is expected to be of longcontinued and indefinite duration, substantially Impedes his or her ability to live Independently, and Is of a nature that such ability eQuid be improved by more sUMble housing oondttions.

If the answer for #1 Is YES, please list the DisabJing Condition: ___________ _

Is a person with a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S,C. 8001 (8)), Le., a person wtth a severe chronic disabllfty that: a. Is attributable to a mental or physical impairment or combination of mental

and physical impairments; b, Is manifested before the person attains age 22; c. Is likely to oontinue indefinitely;

d. Results In substantial funclionallimltatlon in three or more of the following areas of major lite activity;

(1) Self-care,

EXHIBIT

-2d .)

(2) Receptive and expressive language, (3) Learning,

(4) Mobility, (5) Self,direction,

(6) Capacity for independent living, and

(7) Economic self'sufficlency; and e. Reflects the person's need for a combination and sequence of special,

interdisoiplinary, or gen"ric care, treatment, or other services that are of

lifelong or extended duration and are individually planned and coordinated,

If the answer for #2 is YES, please list the Disabling Con(!ltion:' ___________ _

3, YES _NO Is a person with a ohronlc mentalllln"ss? (I.e., he or she has a s<>vere and

persistent mental or emotionel impairment that seriously limits his or her ability to

lIve independently, and whose impairment could be Improved by more suitable

housing oonditions.)

If the answer for #3 is YES, please list the Disabling Condition: ___________ _

4, _YES_NO Is a person whose sole Impairment Is alcoholism or drug addiction?

If the answer for #4 is YES please list the Disabling Condition: ___________ _

Namerand Title of Person Supplying the Information Firm/Organization Name

Slgnature Date

RELEASE: I hereby authorjze the release of the requested information. Information obtained under this consent is limited to informatIon that is no ord~r than 12 months. There are circumstances that would require the owner to verity information that Is up to 5 years old, which would be authorIzed by me on a separate consent attached to a copy of this consent.

Signature Date

NOTE TO APPUCANT/TENANT: You do not have to sfgn thIs form If either the requesting organb:ation or the organizatfon supplying the Information is laft blank.

fOR TRAC liSE ONLY:

Disability documentation meets HUD requirement. _YES ___ NO

TRAC Residential Services Director:. _______________ _ Date;, ____ _

Name: Program Entry Oate:. ____ _

Resident Rent Calculation Worksheet A (Attach documentation as .ON",.n'"

IAnnuallncome: (1)

5S1 TANF

Other

(2) less Income

(3L , M""uollncome

Calculating Adjusted Income Dependent Allowance

(4) Number of Dependents

(5) Multiply Une 4 by $480

Child Care Allowance

I (6) Anticipated Unreimbursed Expenses for Care of Children

Disabled Assistance Al!owance

were

d I / d I II II Me lea Expenses El er y Fam.y A ,owances

(12)

(13) (14)

List Total for Medical Expenses

~":\:;,':;,;i:'~~,::'~;~5~:Y{ If LIne 9>0, enter amount from Line 12, otherwise add Line 7 and $ ,,, 12 and subtract from line 8.

Elderly/Disabled Allowance ( Enter $400, If applicable)

Income (Oiv. line 16 by

17,18 or Tnrs Is tne Maximum amount per month that may be charged for resident re.nt.

S+C Partlcipant: ___________________ _

TRAC Coach signature' _________________ _

Residential Services Director Approval: ___________ _

Oat.' ____ _

Oate: ___ _

Date'-----41r£lllll __ ""'''!''''!''--, i EXHIBIT

I 3(', I

Inspection Form Housing Choice Voucher Program

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

OMS Approval No. 2577·0169

(exp.0413012014)

Publlc reporting burden for this collection or information 15 estimated to average 0, 25 hours per response, inclucfing the time for reviewing instructions, searching exIsting data sources, gathering and maintaining the data needed, and completing and reviewing the collection 01 information. This agency may n01 conduct or sponsor, and a person is no! required to respond to, a coUection of information unless that coHection displays a valid OMS control number.

Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on thts form by Section a of the U.s. Housing Act of 1937 (42 U.S.C. 1437f), Collection of the name and address of both the family and the owner is mandatory, The lnformafiol"l is used to determine if a unit meets the hOUSing quality standards of the section 8 renla! assIstance program, HUD may disclose this Information 10 Federal, State and local agendas when relevant to eMf. criminal, or regulatory Investigations and prosecutions. It will nof be otherwise disolosed or released outside of HUD, except as permitted or required by law, Failure to provide any of the informatJon may result in delay or rejection of family p,:Irtldpallon.

Assurances of confidentiality are not provided under this collection. This collection of information is authorized under Section 8 of the U.S, Housing Act of 1937 (42 U.S.C, 1437f). a unit meefs the housing quality standards of the section 8 rental assistance program.

The information Is used to determine tf

PH'

Inspector

Neighborhood/Census Tract In A. General Information Street Address of Inspected Unit

"<Y County Current Street Address of Family

Name of Family

c<y County

Address of Owner or ADM!

NlJmberof Children II) Family Under S

Previous editions are obsolete

Tenant!D Number Dale of Request (mm/dd/yyyy)

Date Last Jf1spection (mm/ddfyyyy) Date of Inspection (mffi/ddfyyyy)

Type of Inspection Project Number

n n

0 Housing Type (check as

State ZIP appropriate) Single Family

[I Detached

[J Duplex or Two Family Row

I CUrrent TelaphOl"le of Family 0 House or Town House

n Low Rise: 3.4 Stories. Including

S"'''' Zip G?rde~ Apartment< Name of Owner Of Agent Aulhorized 10 Lease unit lnspecte<J L. 1 r .. hgh RIse: 5 or More Stones

Manufactured Home

Page 1 of 19

u o o r] n

Congregate

Cooperative

Independent Group Residence

Single Room Occupancy Shared

Housing Olher:(Spec!fy)

I EXHIBIT

I ref Handbook 7420.8 form HUD~52580-A (9/00)

1.8 Ceiling Condition uUnsound or hazardous" means the presence of such serIous defects that either a potential exists for structural collapse or that large cracks or holes allow signIficant drafts to enter the unit. The condition includes: severe bulging or buckling; large holes; missing parts; falling or In danger of falling loose surface materials (other than paper or paint), Pass ceilings that are basically sound but haves some nonhazardous defects, including: small holes or cracks; missing or broken ceiling tiles; water stains; soUad surfaces; unpainted surfaces; peeling paint (for peeling paint $ee item 1,9),

1:7 Wall Condition

"Unsound or hazardous" includes', serious de fects such that t he structural safety of the building is threatened, such as severe buckling, bulging or leaning; damaged or loose structural members; large holes; air infiltration. Pass walls that are basically sound but have SOme non hazardous

defects, including: smaJi or shallow holes; cracks; loose or missing

parts: unpainted surfaces; peeling paint (for peeling paint see Item 1.9). 1,8 Floor CondItion

"Unsound or hazardous" means the presence of such serious defects that a potential exists for structural collapse or other threats to s~fety (e,9", 51 ripping) or large cracks or hal as aHow substantia1 drafts from below the floor. The condition indudes: severe buckling or major movements under walking stress; damaged or missing parts. Pass floors that are basically sound but have some nonhazardous defects, including: heavily worn or damaged floor surface (for ex~amp!e, scratches or gouges In surface, miSSing portions of tHe or linoleum, previous water damage). If there is a floor covering, also note the conditlon, especially jf badly worn or soiled, If there is a floor covering, inctuding paint or sealant, a! so note the conditions, speciaHy if badly worn, solled or peeling (for peeling paint, see 1.9),

Previous edftions are obsolete Page30f19

1,9 Lead-Based Paint

Housing Choice Voucher Units If the unit was buHt January 1, 1978, or after, no child under age SiX will occupy or currently occupies it, is a O~BR, elderly or handicapped unit with no chHdren under age six on the lease or expected, has been certified leadbased paint free by a certified lead-based paint inspector (no leadbased paint present or no lead-based paint present after removal of lead-based paint), check NA and do not inspect painted surfaces.

This requirement applles to aU painted surfaces (building components) within the unit. (Do not !nclude tenant belongings), Surfaces to receive a visual assessment for deteriorated paint include walls, floors. ceilings, buHtin cabinets (sink bases), baseboards, doors, door frames, windows systems including muHions, sills, or frames and any other paInted building component w~hin the unit. Deteriorated paint includes any painted surface that is peeling, chipping, chalking, cracking, damaged or otherwise separated from the substrate.

AU deteriorated paint surfaces more than 2 sq. f1. in anyone Interior room or spac&, or more than 10% of the total surface area of an interlor type of component with a small surface area (I.e., window sills, baseboards, and trim) must be stabilized (corrected) in accordance with all safe work practice requirements and clearance is required. [f the deteriorated painted surface is less than 2 sq. ft. or less than 10% of the component, only stabilization rs required. Clearance testing is not required. Stabilization means removal of deteriorated paint, repair of the substrate, and application of a new protective coating or paInt. Lead~Based Paint Owner Certification is required follOWing stabilization activities, except for de minimis level repairs,

ref Handbook 7420.8 form HUO~52580~A (9100)

2. Kitchen 21 Kitchen Area Present

Note: A kitchen is an area used for preparation of meals, It may be either a separate room or an area of a larger room (for example, a kitchen area in an efficiency apartment). 2.2· 2.9 Explanation for the.e items is the same as that

provided for "living Room,j with the following modifications;

2.2 Electricity

Note: The requirement is that at least one outlet and one permanent light fixture ate present and working.

2.5 Window Condition

Note: The absence of a Vvindow does not fail this item in the kitchen, If there is no window, check "Pass."

2.10 Stove or Range with Oven

Both an oven and a stove ( or range) with top bumers must be present and working. If either Is missing and you know that the owner is responsible for supplying these appliances, check "Fail." Put check in "Inconclusive" column 1f the tenant is responsible for supplying the appliances and he or she has not yet moved i n. Contact tenant or prospective tenant to gain verification that facility will be suppfied and is in working condition. Hot plates are not acceptable substitutes for these facilities

An oven is not working if it wlH not heat up. To be working a stove or range must have aU burners working and knobs to turn them off and on. Under" working condition, II also !ook for hazardous gas hook~ups evidenced by strong gas smells; these should faiL (Be sure that this condition is not confused with an unlit pilot Bght -a condition that should be noted, but does not fall.)

If both an oven and a stove or range are present, but the gas or electricity are turned off, check" Inconc!usive." Contact owner or manager to get verification that facility works when gas is turned on. If both an oven and a stove or range are present and working, but defects exist, check "Pass" and note these to the right of the form, Possible defects are marked, dented, or scratched surfaces; cracked burner dng; 'limited size refative to family needs.

A microwaVe oven may be substituted for a tenant-supplied oven and stove (or range). A microwave oven may be substituted for an owner~supp\ied oven and stove (or range) if the tenant agrees and microwave ovens are furnished instead of ovens and stoves (or ranges) to both subsidized and unsubsidized tenants (n tlie building or premises.

Previous editions are obsoieie Page 5 of19

2.11 Refrigerator If no refrigerator is present, use the same criteria for marking either ~FaU~ or "Jnconc!uslva~ as wefe used for the oven and stove or range.

A refrigerator is not working if it will not maintain a temperature low enough to keep food from spolJing over a reasonable period of time. If the electrICity is turned off. mark' 'Inconclusive." Contact owner (or tenant if unit rs occupied) to get verification of working condition, If the refrigerator is present and working but defects exist, note these to the rjgh.t of the form Possible minor defects include: broken or missing Interior shelving; denied or scratched interior or exterior surfaces; minor deterioration of door sea!; loose door handle. 2.12 Sink

If a permanently attached kitchen sink is not present In the kitchen or kitchen area, mark "Fall." A sink in a bathroom or a portable basin will not satisfy this requirement. A sink is not working unless it has running hot and cok! water from the faucets and a properly connected and properly working drain ( with a ~gas trap~). In a vacant apartment. the hot water may have be en turne.d off and there wiH be no hot water. Mark this "lnconclusfve,~ Check with owner or manager to verify that hot water is available when service is turned on.

If a working sink has defects, note thiS to the right of the item. Possible minor defects include: dripping faucet; marked, dented, or scratched surface; slOW drain: missing or broken drain stopper. 2.13 Space for Storage, Preparation, and Serving of Food

Some space must be available for the storage, preparation, and serving of food. If there is no bui It-tn space for food storage and preparation, a table used fOf food preparation and a portable storage cabinet will satisfy the requirement. If there is no bum-in space, and no room for a table and portable cabinet, check "Inconclusive" and discuss with the tenant. The tenant makes the fjna! determination as to whether or not this space is acceptable. If there are some minor defects, check "Pass" and make notes to the right. Possible defects i nc!ude: marked, dented, or scratched surfaces; broken shelvlng or cabinet doors; broken drawers or cabinet hardware; limited size relative to family needs.

ref HandboOK 7420.-81orm HUD~52580-A (S/OO)

3. Bathroom 31 Bathroom Present

Most units have easily identifiable bathrooms (Le., a separate room with toilet, washbasin and tub or shower). In some cases, however, you wiH encounter units with scattered bathroom facllitles {Le., to![et. washbasin and tub Of shower located in separate parts of the unit}, At a minimum, there must be an enclosure around the toilet J n this case, count the enclosure around the toilet as the bathroom and proceed with 3.2-3.9 below. with respect to this enclosure. If there is more than one bathroom that is normafly used, rate the one that is in best condition for Part 3. If there is a second bathroom that is also used, complete Part 4 of the checknst for this room. (See Inspection Manual for additional notes on rating the second bathroom.) 3.2 • 3.9 Explanation for these Items Is the same as that

provided for "living Room" with the following modifications:

3.2 Electricity

Note: The requirement is that at least one permanent light fixture is present and working 3.3 Electrical Hazards

Note: !n addafon to the previously mentioned hazards, outlets that are located where water might splash or collect are considered an electrical hazard. 3.5 Window Condition

Note: The absence of a window does not fall this item in the bathroom (see item 3.13, Ventilation, for relevance of window with respect to ventilation). If there is no window, but a working vent system is present, check qPass." 3.7 Wall Condition

Note: !nclude under nonhazardous defects (that would pass, but should be noted) the foHowing: broken or loose We; deteriorated grouting at tublwatl and tublftoor Jotnts. or tiled surtaces; water stains. 3.8 Floor Conditfon

Note: Include under nonhazardous defects (that would pass, but should be noted) the following: missing floor tiles; water stains. 3.10 Flush Toilet in Enclosed Room in Unit

The toHet must be contained within the unit, be in proper operating condition, and be available for the exclusive use of the occupants of the unit (Le., outhouses or facilities shared by occupants of other unIts are not acceptable), It must anow for privacy. Not working means: the toilet is not connected to a water supply; it is not connected to a sewer drafn; it is clogged: it does not have a trap; the connections, vents or traps are faulty to the extent that severe leakage of water or escape of gases occurs; the flushing mechanism does not function properly. If the water to the unit has been tutrled off, check" Inconclusive." Obtain verification from ow ner or manager that facility works properly when water is turned on. Comment to the right of the form jf the toilet is "present. exclusive, and working," but has the fonowing types of defects: constant running; chipped or broken porcelain; slow draining. If drain blockage is more serious and occurs further in the sewer line, causing backup. check item 7.6, "Fait" under the plumbing and heating part of the checklist A sign of serious sewer blockage is the presence of numerous backed-up dralns.

Previous editions are obsolete Page 7 cf19

3.11 Fixed Wash 8asln or Lavatory In Unit

The wash basin must be permanently installed (Le., a portable wasli basin does not satisfy the requirement). Also. a kitchen sink used to pass the requirements under Part 2 of tlie checklist (kitchen facilities) cannot also serve as the bathroom wash basin. The wash basIn may be located separate from the other bathroom faciHties (e.g .• in a hallway). Not working means: the wash basin IS not connected to a system that wHl deliver hot and cold running water, it is not connected to a properly operating drain; the connectors ( or vents or traps) are faulty to the extent that severe leakage of water or escape of sewer gases occurs. If the water to the unit or the hot water unit has been turned off, check "1nconclusive. It Obtain verification from owner or manager that the system is in working condition. Comment to the right of the form if the wash basin is ~present and working," but has the following types of minor defects: insufficient water pressure; dripping faucets; minor leaks; cracked or chipped porce!aln: slow drain (see discussion above under 3.10). 3.12 Tub or Shower in Unit

Not present means that neither a tub nor shower is present in the unit Again, these facilities need not be in the sama foom with the rest of the bathroom facilities. They must. however, be private. Not working covers the same requirements detailed above for wash basin (3.11). Comment to the right of the form if the tub or shower is present and working. but has the following types of defects: dripping faucet; minor leaks; cracked porcelain; slow drain (see discussion under 3.10): absent or broken support rod for shower curtain. 3.13 Ventilation

Working vent systems include: ventilation shafts ( non ~mechanfca! vents) Md electric fans. Electric vent fans must fUnction when switch ts turned on. (Make sure that any malfunctions are not due to the fan not being plugged in.) If electric current to the unit has not been turned on (and there is no operable window), check "Inconclusive. n Obtain verification from owner or manager that system works. Nole: exhaust vents must be vented to the outside, attic, or crawlspace.

ref Handbook 7420.8 form HUOw52580~A (9/00)

4. Other Room Used for Living and Halls Complete an " Other Room" checklist for as many" other rooms used for living' as are present in the unit and not already noted in Parts I, 2, and 3 of the checklist See the discussion below for definition of "used for living: A!so complete an "Other Room" checklist for aU entrance halls, corridors, and staircases that are located within the unit and are part of the area used for living. If a ha!!, entry and/or stairway are contiguous, rate them as a whole (i.e., as part of one space). Additional forms for rating 'Other Rooms" ara provided in the check-Ilst.

Definition of "used for Hving." Rooms "used for riving" are a reas of the unit that are walked through or lived in on a regular basis. Do not include rooms or other areas that have been permanently, or near permanently, closed off or areas that are infrequently entered. For example, do not include a utility room, attached shed, attached closed-in porch, basement, Of garage If they are closed off from the main living area or ar e Infrequently ent ered. Do include any of these areas if they are frequently used (e.g., a finished basemenVplay-rooml a closed-in porch that is used as a bedroom during summer months). Occasional Use of a washer or dryer in an otherwise unused room does not constitute regular use.

If the unit! s vacant and you do not know the eventual use of a particular room, complete an "Other Room" checklist If there is any chance that the room wiH be used on a regufar basis. If there is no chance that the room wHl be used on a regular basis, do not include it (e.g" an unfinished basement) since it will be checked under Part 5, All Seconda!), Rooms (Rooms not used for living). 4.1 Room Code and Room Location

Enter the approprIate room code given below: Room Codes:

1 "" Bedroom or any other room used for sleeping (regardless of type of room)

2:::: Dining Room or D1n1ng Area

3:: Second Living Room, Family Room, Den, Playroom, TV Room

4;::: Entrance Ha!ls, Corridors, Halls, Staircases 5 :::: Additiona! Bathroom ( also check presence of sink trap and

clogged tOilet) 6: Other

Room Locatfon: Write on the Hne provided the location of the room with respect to the unit's width, length and floor leve! as if you were standing outside the unit facing the entrance to the unlt rlghUlefVcenter; record whether the room is situated to the right, left, or center of the unit.

fronVrear/center: record whether the room is situated to the back, front or center of the unit. floor level; identity the floor level on which the room is located.

If the unit is vacant, you may have some djfficulty predicting the eventual use of a room. Before giving any room a code of 1 (bedroom), the room must meet ail of the requirements for a "room used for sleeping" (see items 4. 2 and 4.5).

Previous editions are obsolete Page I;) of19

4,2 ~ 4.9 Explanations of these items are the same a s those provided for "Living Room" with the following modifications:

4.2 Ele~tri~itylliluminatlon

If the room code is not a "1 t" the room must have a means of natura! or ar tificia! illumination such as a permanent! 19ht fixture, wall outlet present, or light from a window in the room or near the room. If any required item is missing, check "FaiJ.tI If the electricity is turned off, check "!nconclusive." 4.5 Window Condition

Any room used for sleeping must have at least one window. If the windows in sleeping rooms are designed to be opened, at least one windoW must be operable. The minimum standards do not require a Window in ·other rooms.~ Therefore, if there is no WIndow in another room not used for sleeping, check "Pass," and note "no windovl' in the area for comments. 4,6 Smoke Detectors

At least one battery-operated or hard-wired smoke detector must be present and work.ing on each leve! of the unit. including the basement. but not the crawl spaces and unfinished attic.

Smoke detectors must be instaiJed In accordance with and meet

the requirements of the National Fife Protection ASSOciation Standard (NFPA) 74 (or its successor standards). If the dweHing unit js occupied by any hearing~impaired person, smoke detectors must have an alarm system designed for hearing-impaired per sons as speCified in NFPA 74 ( or successor standards). If the unit was under HAP contract prior t 0 April 2 4, 1 993, owners who installed battery~operated or hard~wired smoke detectors in compliance with HUO's smoke detector requirements, including the regulations pub(ished on July 30, 1992 ( 57 F R 33846), will not be required subsequently t 0 comply with any additional requirements mandated by NFPA 74 (i.e. the owner would not be required to install a smoke detector in a basement not used for IIvJng purposes, nor WOuld the owner be required to change the location of the

smoke detectors that have already been installed on the other floors of the unit). !n this case, check "Passn and note under comments.

Additional Notes

For staircases, the adequacy of light and condition of the stair rails and railings is covered under Part 8 of the checklist (General Heatth and Safety)

ref Handbook 7420.81orm HUD..s25S0~A (9/00)

4. Supplemental for Other Rooms Used for Living and

Halls For each numbered item, check one box only.4.1 Room Location Room COdO rlghUleftlcenter: the room is situated to the right, left, 1 = Bedroom or Any Other Room Used for Sleeping (regardless of or center of the unit type of room) frontirear/center: the room is situated to the back, front 2 ::: Dining Room or Dfning Area

or center of the unit 3 = Second Living Roam, Family Room, Den, Playroom, TV Room floor level: the floor leve! on which the room is 4 = Entrance Hans, Corridors, Halls, Staircases

located. 5 =: Additional Bathroom (also check presence of sink trap and clogged tOilet)

6 = Other: -------'-r~~_,---

Decision

Ii £ r,. '~illj gj ! 0 ~

4.2 Electricity/Illumination ----r~:: ..... "·' .. ;.c, ---'I" !f Room Code Is a 1, are there at !east two working ,

Description No.

outlets or one working outlet and one working, 1-1 _~-,.~

permanently Installed light fixture? L,-,:-- ~'I'" ~t_~ode i~ .. nota 1'_,i5 there a means of ifIuminatlon7: ;

4.3 Electrical Hazards i i

If Fail, what repairs are necessary? If Inconclusive, give details,

If Pass with commeIJ15, give details.

If Fail or InconClusive, date (mmiddlyyyy)

of final approval

Is the room free from eleotrical hazards? f----;-fi

~! all !~~~~Z and doors that are accessible from I ,C, ... ,I" the outside lockable? ,. ____ '_ ... -CT-t--c_if--________________ -+ ______ _

Window Condition t""._'-i",,,,,,, ... 1 45

~E:~:;~~?i:;' blL------,----------+-, ______ _ '4:6:',(:',,"llin9 Condition I I Ii

Is the ceiling sound and free from hazardous defects? I I 47 Wall Condition .'---i-' ,A._r_e_th_e_w_a_!!~ sound and fr:e from hazardous defects? fe-, ---,--1 I 4.8 Floor Condition ~,~I ---------------. I Is the floor sound and free from hazardous defects? ,--------:-::-:-:---4.9 Lead·8ased Paint

----I~.-- !-','--------__ . _________ .+--_____ _ Are all painted surfaces free of deteriorated paint? If no, does deterlorated surfaces exceed two square feet and/or more than 10% of a

4,10 Smoke Detectors

1$ there a workIng smoke detector on each level? Do the smoke detectors meet the requirements of NFPA 74?

In units occupied by the hearing impaired. IS there an

_ Not Applicable I ..,

'-'1--I

alarm system c~~..r:ected to !tth'=e,'s"'m1(o~kk:"e_cd"'e~te"ct~(o):rz.?_,_ .. l::==:=c::i,_~_. __ , ________________ ~ _____ ,_,_ Additional Comments: (Give Item Number)(Use an additional page if necessary)

,-. Comments continued on a separate page YeS'"~_; No

Previous editions are obsolete Page 11 of19 ref Handbook 7420.81orm HUQ-..52580~A (9/00)

4. Supplemental for Other Rooms Used for Living and

Ha lis For each numbered item. check one box on!y.4.1 Room Location Room cOdD right/!eftfcenter: the room is situated to the right, left, or center of the unit fronVrear/center: the room is situated to the back, front or center of the unit. floor level: the floor level on which the room is

located.

f~T~o~ Hem DesCf\ptton No_ ~I~ D-:l& § . , -___________ __ _ _________ '!LLLJi

o "_""~.'"."" ~ If Room Code is a 1, are there at (east two working outlets or one working outlet and one working, __ ._" _,_

permanently Installed light fixture? T ~~ Jf Room C:~de is nota 1, is there a means of illumination " ~r 4,3 Electrical Haz:ards -r T : Is the room free from electrical hazards?

~-

4.4 Security Are aU windows and doors that are accessible from the outside lockable?

-"' -_ .. I 4.5 Window Condition i If Room Code ,is a 1, is there at least one window? -r-And, regardless of Room Code, are all windows free of signs of severe deterioration or missing or ir-broken-out panes? 4.6 Ceiling con'dItio'n" --------_ ....... _--- -~~- ,---" Is the ceiling sound and free from hazardous defects? I ---------"-,.-~--,--"-

4.7 Wall Condition L" Are the walls sound and free from hazardous defects? r---

-4.8 Floor Condition , Is the floor sound and free from hazardous defects? ''''r-

I

i = Bedroom or Any Other Room Used for Sleeping (regardless of type of room)

2 :::: Dining Room or Dining Area 3 = Second Living Room, Family Room, Den, Playroom, TV Room

4 :::: Entrance Halls, Corridors, Halls, Staircases 5 ::: Additional Bathroom (also check presence of sink trap and

clogged toilet) 6 = Other:

---

If Fail or InCOnclusive, If Fail, what repairs are necessary? date (mmiddlyyyy) If Jnconclusive, gwe details .

If Pass with comments. (live details. of finar approval

-- -- ._----- --

-- - _._--

-,-,,-- --

--

i L ----- '"'-----

1: Appll~ble 4_9 Lead~Based Paint Are all painted surfaces free of deteriorated paint? .. __ .1 __ If no, does deteriorated surfaces exceed two square r-T-feet and/or more than 10% of a component?

4,10 Smoke Detectors I

Is there a working smoke detector on each Ie-vel? I Do the smoke detectors meet the requirements of NFPA 747

I J In units occupied by the hearing impaired, is there an ~~_rm system connected to the smoke d~tector? :d~ ___ .-- •. Additional Comments: (Give Item Number)(Use an additional page If necessary)

Comments continued on a separate page YeC..J N:l

Previous editions are obso!ete Page130f19 ref Handbook 7420.8 form HUD-52580~A (g/OO)

5 All Secondary Rooms (R.ooms not u$Gd for living) For each [lumbere"d,-i",te,"m""-"c"he",ck",-,o",n"e-"b",o",,,oO!Cnl'>CY~~~~ __ r-______ _

I1em Descrlptien rJl DeciSiOln~---------- IfFelior

No. ..lliJl~ = is l.t .Fa .. i.". what repalrs are necess. ary? Inconcfusive,

I - & 5 If Inconclusive, give details, date (mm/ddlyyyy) , __ ._ ",_,~ m 6 8 f-J!J:,ass\Nlthcomments.gived~tall$. _~, __ ~~~ ___ offlnalapprovaf

. __ ._--_._-- .-. .-- - --5.1 None Go to Part 6 -_._---------------+----,-+------------+----5,2 Security Are aU windows and doors that are access!ble from the outside lockable? .. ______ +--.L.1 -'-+ _____ -------- ..... --f----.. ---5.3 Electrical Hazards

Are aU these rooms free from electrical hazan1.S,?"'_-+_L 1_-'-1_+-----------5,4 Other Potentially Hazardous Features Are all of these rooms free of any other potentially hazardous features? For each room with an "other potentially hazardous feature," explain the hazard - T"'.------,---_a~~~~~~~~s.?!c;o!:t~~\_of i.~te'Cn;:;·o'_r;:acce=.::ss:..to:::.:t:.:he:.:..:roo=m::..+_..L--L.. I+ ... ___ ~ __ .. _. _____ ~ __ ~~ _ _+----~--

6.0 Building Exterior ----........ - ___ ----.... +---.--r-+--.... -------.----!-------a1 Condition of Foundation

Is the foundation sound and.free frOm.lJh"'a~"zEa!!,rd~S.L7_+....JI-_+-+_------... ---.. -~~-----_if_--__ . __ 6.2 Condition of Stairs) Railsj and Porches I . Are all the exterIOr stairs, rails, and porches sound and free from hazards? ~1--------4-L-+-+-------------- ..... -----+----~---

I I 6,3 Condition of Roof and Gutters i

Are the roof, gutters, and downspouts sound and -----r"' __ ..

free from hazar;:d;:s?,-. _______ ~ _____ _+~ I'--+_+_---------------~--,__I~.-.. - ..

6.4 Condition of Exterior Surfaces

Are exterIor surfaces s~t!.~?_ a0~~re::::e.:;fr:::o::.m'_'h.:;.a::zc:a:.:rd"s,,?+-LI-I-+~---~--_---- .. --~---+ __ ~~ ___ _ 6,5 Condition of Chimney

II's'-'tht!":'e~~t1.:l~s~o:'u":n~d'.'a'_'n':d'.'f~re~e:.f~ro"'m:"!h"'a~za":rd~s?7,. ---1.',=-1 ;;,6 Lead-Based Paint: Exterior Surfaces - .. T·.... 1_--:0--;-;-,--77'--------.---- ___ :[~ _-'_-. Are a!l painted surfaces free of deteriorated paint? If no, does deteriorated sutiaces exceed 20 sq. ft of total e)(Jerior S"'u"'rfa=ce'-a"'r-"e"'a7'--_~_~ ___ .. _ .. + .. _-J..T-_··_--_·I_' _1-_-'-" No"",! ,A"Pt'CP''''ica"'''bl,,e ______ _

6.7 Manufactured Homes: Tie Downs -'T' --.~ L If the unit is a manufactured home, is it propeMy placed , a. nct tied down? If not a manufactured home, CheckI:=r:::d i----;-;--:-;-:--;;c. = __ ------.-.~----"Not Applicable." ~ Not Applicable ___ .......__ .. --<-t:::-:: ... :-'-... =_ .. :': .... ========-=.~ ..... :.

Additional Comments: {Give Item NumberHUse an additional page if necessary)

comments continued on a separate page Yesr---: No n Previous editions are obsolete Pag.e 150f19 ref Handbook 7420,8 form HUD~52560~A (9100)

7 H f ea mg a nd PI urn I, mg ""~ F9L~,act\9~bered Item, check one box onlv. DecisIon

!!em Description .~ If Fan Of

No. 0

~ 'iii 0 If FaU, what repairs are necessary? lhconcillsive,

~ u. ~ !f Inconclusive, give details. dale (mm/ddlyyyy) !if If Pass with comm~n~r.Bt't~ d~e_tal_l$. of final approval

7.1 Adequacy of Heating Equipment Is the heating equipment capable of providing ad~ equate heat (e~her directly or Indirectly) to all rooms used for living? ! I

" .', ,-, -- ~ --"--'- ',------'--' ---"---7.2 Safety of Heating Equipment I Is the un'Jt free from unvented fuei burning space heat-_:'~$ or any other types of unsafe he_~_!j,~::::!,~~~!~ i ! - "--- ",-

7.3 Ventllation and Adequacy of Coollng Does the unit have adequate ventilation and cooling by

means of openable windows or a working cooling system? I I 7.1 Water Heater

Is the water heater located, equipped, and installed in a safe manner? I I ------_._, """-,~ ..

I ._-

75 Water Supply

e-'TT~ Is the unit served by an approvablepubllc or private sanitary water supply?

~ ,,,-v ... 7.6 Plumbing Is plumbing free from major leaks or corrosion that causes serious and perslstent levels of rust or ron- ~ tamrnation ~~,~~~~~~lng water? ,"V - T'-~

7.7 Sewer Connection Is plumbing connected to an approvable public or private disposal system, and is it free from sewer

E~k"up?_ .. __ ." ---~'--~~---'" Additional Comments: (Give Item Number)

Comments continued on a separate page Yes:' -, l_ .".,

Previous editions are obsofete Page 17 ofi9 ref Handbook 7420.8 form HUD .. 52580~A (9100)

8. General Health and Safety

Item Descn'ption No

For each numbered item check one box only r-Decision . i ~ <-,-

i§ I 0... t2:,g If Inconc!us!ve, give details. ~ I' "'" ~ If Fail, what repairs are necessary?

~ 1i If Pa·ss with comments, Qiye details. --------------------+~~~~~~~~~~~~-

81 Access to Unit Can the unit be entered without having to go through another unit? I 8,2 Exits

If Fall or Inconcfuslve, date (mm/dd/yyyy) err final approval

- ----1-------

Is there an acceptable fire exit from this building

that is n,,-,bIOcked? __ ---+-.!-I+--1------------------+--------8,3 Evidence of Infestation Is the unit free from rats or severe infestation by mice or vermin?

8.4 Garbage and Debris Is the unit free from heavy accumulation of garbage or debris inside and outside? ____ ._, ____ += --1 ____________________ 1 ______ _ 8,5 Refuse Disposal Are there adequate covered facilities for temporary storage and disposal of food wastes, and are theYf--r_-r-1 approvable by a local agency? I I

~~ ________ ~~J-+_-------8.6 Interior Stairs and Common HaJls

Are interior stairs and common halls free from hazards to the occupant because of loose, broken, or missing steps on stairways: absent or insecure rai!- . '-'T __ .. _

ings; inadequate,.Iightln_9.; or other hazards? _" __ +~ IL-+_f-__________ ., _" -,----------i----------8.7 Other Jnterior Hazards Is the interior of the unlt free from any other hazard not __ specif~~~!Y identified previously? .' _____ 1_,-_-1-1-,_L+ _________________ , ___ -+ _______ , 8.8 Elevators Where loca! practice requires, do aU elevators have a current inspectlon certificate? If local practice does not r~quire this, are they working and safe? 1 J

8,9 Interior Air Quality I Is the unll free from abnormally high levels of I'

air pollutIon from vehicular exhaust, sewer gas, I fuel gas, dust. or other pollutants? I l a 10 Site and Neighborhood Conditions Are the site and immedIate neighborhood free from ! conditions Which would senously and continuously endan~,~:.the" health or safety of the resl~ents~ ~-a 11 Lead~Ba$ed Paint: Owner Certification If the owner of the unit is required to correct any deterIorated paint or lead~based paint hazards at the property, has the Lead-Based Parnt Owner's Certification been completed, and received by the PHA? If the owner was not required to correct L __ -, any deteriorated paint or lead-based paint haz~

Additional Comments: (Give Item Number)

Comments continued on a separate page Vest ,j N::

Not.

prffltjQ! 1$ edlllqos are obsolete pa~e 19 of 1 $; ref Haodb0nk 742Q 8 form HU D*52580~A (9100)

street Address or Unit Number:

Rent Reasonableness Checklist Exhibit 4

Dty: County:

Published Fair Market Rent for this type of unft $, _______ _ Contract Rent for this unit $ _______ _ Utility Allowance for this unit $, ______ _

Location: _________ Unit Type: _______ _ Number of Bedrooms: ___ _

Mgt. & Maint. Service: ______ _ Does it meet Habitability Standards or HQS: ____ _

Square Feet: ____ _ Year Built: ___ _ Facilities: Amenities: _____________ . ________________ _

Commen~: __________________________________________ _

The following are rent com para hies: -- --Unit #1 Unit #2 Unit #3

Address

Square Feet

Number of Bedrooms --

Location/ Accessibility to Services (list)

Unit Type --

Mee~ Habitability Standards

-Amenities (list)

Facilities (List

Date Built

Mgt. & Maint. Service

Gross Rent (including Utilities) --

Allowance for tenant supplied utilfties -Fair Market Rent --",.

I certify that based on information available to this office, the requested rent 0 is or 0 is not reasonable.

Organization Signature

Date Titie

Rent Reasonable Checklist EXHIBIT Page 1

Rent Reasonableness Checklist Exhibit 4

1. __________ ~ __ ------__ ___ Name of Family

2. __ ~ __ ~~ __ ~ __________ ___ Name of Owner/Agent

Phone Number

3. Number of Bedrooms ______ _

4. Type of Unit: o SubSidized o Unsubsidized

5. Published Fair Market Rent (a) HUD approved exception rent, If applicable (b) Amount above published FMR

6. Owner's Proposed Contract Rent (a) Allowance for tenant-furnished utilities (b) Gross Rent

7. Owner's Most Recent Rent Charged (a) Did this rent Include all utilities? If no, explain ___________ , __ _

(b) Amount of increase over current rent1 if any (c) Reason for rent increase

(d) Owner's reason for increase in rent justified If no, explain ____________ _

8, Comparable rent for Similar type unit (wtth comparable amenities)

Street Address and Apartment Number

City, State, and Zip Code

Street Address

City, State, and Zip Code

o Rent Controlled

$._---$,-----$,----

$,----$_---$,----

DYes 0 No

$----

DYes 0 No

$_---

Name of Apartment Complex (if applicable) ___________________________ , ___ _

Street Address ____________________________________ _

City, state, and Zip Code _________________________________ _

NameofOwne~Agent _________________________________________________ _

AddressofOwne~Agent ____________________________________________________________ __

Telephone Number ___________________________ _ Number of Bedrooms ________ __

9. Is the rent for the unit higher than rents the owner charges for comparable unassisted units? 0 Yes 0 No (If yes, the rent may not be approved as reasonable)

I certify that based on information available to this office, the requested Contract rent 0 is or 0 is not reasonable.

Organization Signature

Date Ti~e

Rent Reasonable Checklist Page 2

ORDER NO: 013.1350 COURT ORDER


STATE OF n:xAS

COUNTY OF DALLAS

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

the 20'" day of August ,2013, on motion made by Mike Cantrell, Commissioner Dist. 2

and seconded by Dr. Elba GarCia, Commissioner District 4 , the following Order was adopted;

WHEREAS, Dallas County Commissioners Court linds it in the best interest of the citizens of Dallas County to accept the First Amendment extension request for the OnTrac Permanent IIonsing Project between Dallas County and the U.S. Department of Housing and Urban Development (I-IUD); and

WHEREAS, the amendment is to extend the term of the current 2012 contract between Dallas County and City Square as approved by Court Order #2012-11 '1.1. from the termination date of April 24, 20 I:i to August 31, 2013; and

WHEREAS, CitySquare, a partnering agency, provides housing and supportive services on a long-term basis I,)r the hard to reach young adult homeless population; and

WHEREAS, this request is alig11cd with the County's Strategic Plan and specifically impacts Vision 3; Dallas Counly is a safe, secure, and prepared.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County Commissioners Court approves the First Amendment extension reqnest t,)r the OnTrac Permanent Honsing Prqject between Dallas County and the U.S. Department of Honsing and Urban Development (HUD). Dallas County designates the County Judge, as the !,'Tantee's authorized ollicial. The authorized olTicial is given the power to apply for, accept, reject, alter or terminate the gTant on behalf of tllc appliGU1t agency.

DONE IN OPE~epURT this the .--"'20"-"'_.,---r_claYOf_~---'A-"I""lgu"""st~ _____ ~:I'~

IJL_ ,G, ! /uk JXh ~

RecOl

Dr. 'fheresa M. Daniel Mike Cantrell Commissioner District I .----

lcndcd By;

~~~'i;Otn~er~D~i~'~rl~.c~t~2 Dr. Elba Garcia

Commissioner District '1.

ORDER NO: .20 COlJRT ORDER

DATE: July 10,2012

STATE OF TEXAS

COUNTY OF DALLAS


the ~)lb_ clay oC J~'l;ly,,--~, 2012, on motion made by l1aurine Dickey, Comm. of District _~~ __ ,

WHEREAS, the Office of Budget and Evaluation briefed Commissioners Court on July 10, 2012 to accept

the renewal grant for the U.S, Department of I-lousing and Urban Development (HUD) Shelter Plus Care grant for young adults who arc homeless; and

WHEREAS, CitySquare, a partnering agency, will provide housing and supportive services on a long<erm basis for the hard to reach young adult homeless popUlation; and

WHEREAS, the grant award is for $242,532 for a one year period with no county match required; and

WHEREAS, the Commissioners Court intends to contract for the services required in the gram with CitySquarc; and

WHEREAS, all grantees are required to comply with the regulations ane! requirements outlined in the U,S, Department of Housing and Urban Development Program Financial Guidelines; and

WHEREAS, this request is aligned with the County's Strategic Plan and specifically impacts Vision 3; Dallas County is a safe, secure, and prepared,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County Commissioners Court approves the contract between Dallas County and CitySquare [or the U,S, Department of }'Iousing and Urban Development (HUD) Shelter Plus Care grant. Dallas County designates the County Judge, as the g]antce', authorized ?11icml The aulhollzed oftlclal]s glven ,he power to apply iQl, accept, reject. ahe] 0]

te[llllD~ttc the ,grant "pd rq1<ttec documents on behdU ot Dallas County

I) / / / / ' / J)Q.~ I;N Y)~EI1;'NEOURT llus the -.lO"-- day of _ _ l_®\,- --- - -- ~()IV

I f I I d_-~ '--;; '/J.. ' )(

W!~ - _7_ L'4!:-~~I!J/'o-<e-~::::>S..,) ,.::edf-- ~- -- -~- - - -(eli,v llw]: )Je~kins Maurh~eJ)ickey J Mike Cantrell

Co~nr J i ~. issioner DistJict .lji ~ Loner

(y----;:/ Dr, Elba G~l]'cia -,---~ ~ Commissioner District 4

____ , ecommended By: _-'-----'-_ Ryan Brown, Budget Officer

STATE OF TEXAS § §

COUNTY OF DALLAS §

1. PURPOSE

FIRST AMENDMENT TO DALLAS COUNTY

CONTRACT FOR SERVICES

with

CITYSQUARE

for

HOUSING AND SUPPORTIVE SERVICES

This First Amendment to Dallas County Contract for Services with CitySquare for Housing and Supportive Services (hereinafter referred to as the "First Amendment") is made and entered into by and between Dallas County, Texas (hereinafter referred to as "County") and CitySquare (hereinafter referred to as "CilySquare"). County and CitySquare entered into that certain Dallas County Contract for Services with CitySquare for Housing and Supportive Services dated Jul 10,2012 by Court Order # 2012-1144 ("Agreement") and mutually agree to amend the Agreement as follows:

2. EXTENSION OF CONTRACT TERM

Section II of the Agreement is herebv amended by extending the term of the Agreement to August 31,2013.

Except as set forth in this Amendment, all terms and provision of the Agreement shall continue in full force and effect.

[Signatures on the following page]

AMENDMENT TO CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES -, Final Page 1

EXECUTED THIS 20thDA Y OF August 2013.

RECOMMENDED:

~'I-~ro~ By: Ryan Brown Budget Officer Civil Section




MM1~0. Abril Aberasturi Assistant District Attorney

*BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVECONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, 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).

AMENDMENT TO CONTRACT FOR HOUSING AND SUPPORTIVE SERVICES Final Page 2

AMENDMENT EXTENDING THE TERM OF THE SHELTER PLUS CARE GRANT AGREEMENT

This Agreement is made by and between the United States Depaltment of Housing and Urban Development (HUD) and Dallas County, Texas (the Recipient).

RECITALS

1. HUD and Recipient entered into the Shelter Plus Care Agreement dated May 4,2012, for Project number TX0307C6T001101 located in Dallas, Texas (the Grant Agreement). The term of this Grant Agreement ended on April 25, 2013.

2. At expiration of the Grant Agreement, Recipient has unspent funds remaining in its grant account. HUD and the Recipient are desirous of allowing the Recipient to retain those funds and to continue to use them for eligible project expenditures.

3. The need for housing assistance for hard-to-reach homeless persons with chronic problems cpntinues within the jurisdiction within which the project is located.

4. The need for the rental assistance continues.

5. HUD has reviewed the performance of the Recipient and has detennined that the grant funds remaining at the end of term should not be deobligated.

6. HUD and the Recipient desire to extend the term of the Grant through August 31, 2013.

AGREEMENTS

1. The Grant Agreement is hereby amended by extending the term through August 31, 2013, during which period Recipient shall continue to carry out the activities described in the Grant Agreement.

2. All other provisions of the Grant Agreement remain unamended.

This Agreement is hereby executed on behalf of the parties as follows:

UNITED STATES OF AMERICA Department of Housing and Urban Development By: The Secretary

BY:c2(~~ (Signature)

. 5hir fey Her. ley

(Director, Community Planning and Development (Title)

(Date) J

GRANTEE I jr/'~\

By: !~UJJ-(Authorize!il s,gfoa~ory)

I ' I \_.J "' .... / Clay Lewis Jenkins (Type in name of authorized signatory)

County Judge (Title)

15 COURT ORDER

013 1351 ORDER NO: ____ _


STATE OF TEXAS §

COUNTY OF DALLAS §

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

__ ~2~0~th~ _____________________ dayof __ ~A~ug~u~s~t _________________________ ,2013,on

a motion made by Mike Cantrell, Commissioner of District 2 , and seconded by

_D_r_,_E_l_b_a_G_a_r_c_i_a_,_C_omnu __ ' s_s_i_o_n_e_r_o_f_D_l_' s_t_r_i_c_t_4 ______ , the following Conrt Order was adopted:

WHEREAS, the Commissioners Court was briefed on June 25,2013 on password revision to the Information Technology Access Control Policy; and

WHEREAS, the policy revision was sent out for a 30-day comment period and briefed again on August 13, 2013; and

WHEREAS, the implementation of the revision to the IT Access Policy will support Vision 1: Dallas County government is a model interagency partner. The policy will provide consistent guidelines for all Dallas County departments to adhere to; and

WHEREAS, the purpose of the IT Access Control Policy password revisions are to provide guidelines that will support secure and effective access management of the Dallas County Information Technology Infrastructure and meet Federal, State and regulatory requirements.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Conrt does hereby approve the IT Access Control Policy password revisions and the incorporation of such policy into the Dallas County Code.

OO~~7:iifJ~;" ilie _=20'-"th"--a---~-, ;:Of~-I.!c2;""~"'-'gU"'-stL. v----=;zd2 Cla/tewuetiris, County Judge Dr. Theresa Daniel, District Mike Cantrell, D' rict #2

~ \

Recommended ~~~;2~~~:==:::::=~ S ey Victrum, Chief Information Officer

Current IT Access Control Policy:

1.8 Password Design/Construction

• Passwords must have a minimum of 6 characters and must contain 3 of the following 4:

I. lower case alpha 11. upper case alpha

111. numenc IV. special character

• Password changes must be automatically forced at least once every 90 days. • Initial passwords must be changed by the associated user prior to gaining access to

the target information system. • The practice of reusing the same password when prompted for a change is prohibited.

Systems must enable password history to maintain a password history for accounts. The history file must maintain at the last four passwords.

Proposed IT Access Control Policy Revision:

1.8 Password Design/Construction

• Passwords must have a minimum of 8 characters and must contain 3 of the following 4:

I. lower case alpha II. upper case alpha

lll. numeric IV. special character

• Password changes must be automatically forced at least once every 90 days. • Not a dictionary word or proper name. • Not be the same as the User ID. • Not be identical to the previous ten (10) passwords. • Not displayed when entered. • Initial passwords must be changed by the associated user prior to gaining access to

the target information system.

Password parameters apply to all accounts with privileged or administrative access, and/or users with access to confidential or sensitive data.

Password parameters shall be implemented to the extent technology allows.

ORDER NO: 2013 1352

COURT ORDER


STATE OF TEXAS'

COUNTY or DALLAS'

BE IT REMEMBERED, at a regular meeting of the Commissioners Com1 ofDalla..<; County, Texas, held on the 20th day of August

2013, on motion made by Mike Cantrell, Dist. 2 and seconded by

Dr. Theresa Daniel, Dist. ~ the following Order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Commissioner's Court was briefed on August 13, 2013, regarding a request for the Court to consider granting a leave of absence for Employee #34843 ~ Deputy Constable, employee # 34843 was hired in 2008 and suffered a work related injury on October 17,2012. Employee has utilized all his Family and Medical Leave and the Honorable Constable Cleophas Steele has extended as much additional leave (Leave of Absence) as he is allowed to do so under Da!las County Leave of Absence Policy; the time period requested is from July 18, 2013 to October 15,2013 as the employee has exhausted all of his FMLA (12 weeks) and was previously granted a leave of absence (90 days) which ended on July 17,2013; and

This request will be the employee's second request for a Leave of Absence; Section 82-474 of The Dallas County Code states: "(2) Such leave granted by the elected official/department head shall not exceed 90 continuous calendar days and can only be granted every 24 months from the date the last leave ended"; and

The Constable has granted all leave as authorized by Dallas County policy, therefore the employee is submitting a request for an exception to policy for additional recovery time from a serious medical condition; Since the employee only recently had surgery, he is requesting additional leave from the Court as he anticipates being able to return to work the end of October; and

While Constable Steele's desire to fill this position as soon as possible is understandable from a business perspective, he currently still has two other vacancies in his Office, After receiving the request from the employee and reviewing it and the Constable's response with the Civil Section of the District Attorney's Office, Human Resources recommendation is for Commissioners Court to give serious consideration to extending the Leave of Absence for a period not to exceed ninety (90) as allowed by Sections 82 w 472-473 of the Dallas County Code or to hold the position vacant until the Constable has filled his other two vacancies and is ready to fill this position, whichever comes first; and

Approval of this request supports Dallas County's Strategic Plan Vision I, Strategy 1.5: Dallas County should maintain a strong, motivated workforce.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approve the extended leave of absence period for Employee #34843, Deputy Constable. job grade 66 in the Constable '.I' Office Precinct J in compliance with Sections 82~474 and 82-480 (2) a/the Dallas County Code/or up to 90-days,(i,e. July /8, 2013 through October 15. 20 J 3) or fo hold the powlO7vacant until the Constable has jilfed hiS other two vacancies and IS ready fa fill this po:n(lOn, whichever comes fir",! I

DONE 1))<1 O~~ ~(f thls}he 20'" day of August, 2013 a /" 'ji I' 1/1 __ ~ ~ _'£2

/I i!.-- "- - 1 Vi.J'JA" 1

'IS wis':Jenkins Dr. Theresa M. , . Co nly Judge ~C

Dr. Elba Garcia Commissioner District #4

t

ike Cantrell issioner District #2

COURT ORDER

ORDER NO: 2013 1353

DATE: Augu~~Q,-" 2",0,-,lco3~~~~~~_

STATE OF TEXAS'

COUNTY OF DALLAS'

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 20th

day of August 2013, on motion made by Mike Cantrell, District 2 , and seconded by

Dr. Elba Garcia, District 4 , the following Order was adopted:

WHEREAS, On August 13, 2013, Commissioners Court was briefed concerning the following employees:

Employee # 29924 and Employee # 19181, both were employed in the Sheriffs Department, were placed on paid administrative leave until the conclusion of an internal employee investigation which was concluded on July 22, 2013, and resulted in the termination of employment ofthese employees;

Employee# 37556 from the District Clerk's Office, was placed on administrative leave with pay from July 31, 2013 to August 9, 2013, pending the outcome of an investigation into her alleged criminal conduct. Since the Commission Court was briefed, the investigation has been completed, and Employee #37556 was terminated; and

WHEREAS, Upon review, Commissioners Court granted paid administrative leave to Employee #29924 from July 20, 2013 to July 22, 2013, approved by the Director and paid administrative leave to Employee #19181 from July 20, 2013 to August 6, 2013, approved by the Director; and

WHEREAS, Upon review, Commissioners Court fmiher granted paid administrative leave to Employee #37556 from July 31,2013 to August 9, 2013, approved by the Director; and

WHEREAS, This action supports Dallas County Strategic Plan, Vision I, Strategy 1.3, Dallas County prOVides Sound, FinanCially Responsible, and Accountable Governance.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approves paid administrative leave to Employee #29924 from July 20, 2013 to July 22, 2013, approved by the Director and paid administrative leave to Employee #19181 from July 20, 2013 to August 6, 2013, approved by the Director, ji'om the Sheriff's Department.

C :\Users\stephanie. !ang\Documents\Court OrdeH\dm Leave.docx

Court Order - 8120113 Adm. Leave w/Pay Employee #5 29924, 19181 & 37556 Page 2 of2

IT IS FURTHER THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approves paid administrative leave to Employee #37556 from July 31, 2013 to August 9, 2013, approved by the Director.

DONE IN OPEN CO'RT this the 20th day of August 2013.

~~ ..

istrict #3

Recommended by:

a ~14b ~ ),-""",-i'tt '''''-,-/1. _

Dr. Theresa M. Daniel Commissioner District # 1

Mike Cantrell Commissioner District #2

--'>.~""":;""=---="'-"'-----=--Dr. Elba Garcia

Commissioner District #4

C:\Users\stephan ie. lang\Documents\Court Order-Adm Leave.docx

;:'0131354 ORDER NO. _____ _ COURT ORDER

DATE: August 20. 2013

STATE OF TEXAS §

COUNTY OF DALLAS §

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

20th day of August, 2013, on motion made by Mike Cantrell, Commissioner of District 2

Ii

and seconded by Dr. Elba Garcia, Commissioner of District 4 , the following Order was adopted:

WHEREAS, the Hines Interests Limited Partnership was briefed in Commissioners Court on August 13, 2013; and

WHEREAS, agreement allows the Hines Interests Limited Partnership, to serve as a Closed Point of Dispensing (POD) and provide prophylactic medicines to Specific and Pre-Approved Facility staff, who are, in turn dispensing that medication to their respective staff and other facility recipients affected by a disaster or public health emergency; and

WHEREAS, Dallas County will provide training for Facility personnel, if requested and/or available, about POD management and operations; and

WHEREAS, recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Memorandum Of Understanding between Dallas County Public Health Preparedness and the Hines Interests Limited Partnership, and authorizes the County Judge to sign the agreement on behalf of Dallas County.

DONE IN OPEN CJfRT .. t. his the----'=2"'Ot""h __ day of

MiJ r/L-- -/--I412--L1.·~il.d&~o..J..:::..:,tz~j ) 'k2.1.JL:/J _

August , 2013.

Dr. Theresa M. Daniel, District #1

'-~~~~~~~~~

Istrict #3

Recommended bY:_4~~--A~~~::i:d.L.ic=::::"' __

MEMORANDUM OF UNDERSTANDING BETWEEN DALLAS COUNTY, TEXAS ON BEHALF OF THE

DALLAS COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES PUBLIC HEALTH PREPAREDNESS DIVISION

AND

HINES INTERESTS LIMITED PARTNERSHIP

THIS MEMORANDUM OF UNDERSTANDING (MOU) MADE the ~_ day Rf ' 2013 by and between Dallas County, Texas, (hereinafter County), a governmental entity, on behalfofthe Dallas County Department of Health & Human Services, (hereinafter DCHHS) and Hines Interests Limited Partnership (hereinafter Facility), with respect to the selection of the Facility to serve as a Closed Point Rf Dispensing (hereinafter POD)and provide prophylactic medicines to Specific and Pre-Approved Facility Staff, who are, in turn, dispensing that medication to their respective staff and other facility recipients affected by a disaster or public health emergency.

A. DEFINITIONS

Public Health Emergency, for this purpose, means an occurrence or condition which results in an actual or imminent threat of harm to public health and safety due to Bioterrorism or terrorism events, outbreaks or release of dangerously contagious or infectious disease, that possess substantial probability of death, long-term disability, or future harm in the affected population.

Facility Recipient, for this purpose means any individual who works for the Facility, the family members of those who work for the facility, and other specified contractors working at the Facility.

Specific and Pre-Approved Facility Staff, for this purpose, means any individual, in the services of the Facility, who is pre-designated and pre-approved to dispense prophylactic medicines.

Strategic National Stockpile, for this purpose, has large quantities of medicine and medical supplies to proteet the American public if there is a public health emergency (terrorist attack, flu outbreak, etc.) severe enough to cause local supplies to run out. Once Federal and local authorities agree that the SNS is needed, medicines will be delivered to any state in the U.S. within 12 hours. Each state has plans to receive and distribute Strategic National Stockpile medicine and medical supplies to local communities as quickly as possible.

B. NOTICE TO PROVIDE PROPHYLACTIC MEDICINES

DCHHS will, to the extent feasible, provide the designated Facility liaison with prophylactic medicines along with the appropriate Medicine Information Forms, Fact Sheets, and Screening / Consent Forms for the Facility to use pursuant to this MOU.

Prior to the Department offering the prophylactic medicines, representatives of both parties will communicate and confirm the exact number of Facility clients who will receive prophylactic medicines.

C. DUTIES AND RESPONSIBILITIES

The Facility will designate a primary and secondary contact person for the POD to DCHHS.

The Facility agrees that it will pennit, to the extent of its abilities and upon request of DCHHS, its Specific and Pre-Approved Facility Staff to dispense medications obtained from DCHHS during a declared public health emergency. Those medications will only be dispensed to Facility Recipients.

The Facility agrees that it shall maintain and exercise reasonable care in the conduct of its activities and further agrees to adhere to all DCHHS guidance for the dispensing of prophylactic medicines, up to and including following the standing orders of the Dallas County Health Authority.

The Facility agrees that it shall maintain written documentation for each Facility Recipient who receives prophylactic medicines.

It is expressly agreed and understood that the Facility will not provide personnel to assist DCHHS at other PODs or public distribution sites.

DCHHS will to the extent feasible, provide any medications, supplies, and equipment needed by the Facility to successfully dispense the prophylactic medicines, including signage templates or other unique materials that would be used at a POD.

DCHHS will provide training for Facility personnel, if requested and/or available, about POD management and operations.

DCHHS will ONL Y offer the prophylactic medicines IF:

I) Specific and Pre-Approved Facility staff are available to dispense those prophylactic medicines,

2) The Facility has the means to send a Facility liaison to come and collect the prophylactic medicines from a location to be determined during the Public Health Emergency or delivery directly to the Facility is deemed feasible,

3) DCHHS has the prophylactic medicines available to offer to the Facility. DCHHS does not own or possess a sufficient stockpile of prophylactic medicines or vaccines and serves as the distribution vehicle for the Strategic National Stockpile. Should there be a shortage of prophylactic medicines offered to DCHHS, the resulting allocation may suspend the enforcement of the memorandum of understanding. Allocation decisions are made in collaboration with federal and state officials and DCHl-IS is not the final arbiter of what quantity Dallas County will receive from the Centers for Disease Control's Strategic National Stockpile.

D. TERMINATION AND AMENDMENTS

Either party may terminate this MOU with sixty (60) days advance written notice to the other party. This document represents the entire MOU between the parties. Any amendments shall be in writing and agreed upon by both parties. This MOU shall remain in effect until terminated by one or both parties with contact information being updated by both parties annually.

E. RESPONSIBILITY/INDEMNIFICATION

Except as otherwise provided in this MOU, each party, including its respective elected officers, agents and employees, agrees to be responsible for its own negligent acts or omissions, or other tortious conduct in the course of performance of this MOU without waiving any sovereign immunity, governmental immunity or other defenses available to the

parties under federal or Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. All parties agree that any such liability or damages occurring during the performance of this MOU caused by the joint or comparative negligence of the parties, or their employees, agents or officers shall be determined in accordance with comparative responsibility laws of Texas.

F. SOVEREIGN/GOVERNMENTAL IMMUNITY

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

These Indemnity and Immunity provisions shall survive termination, expiration or cancellation of this MOU or any determination that this MOU or any portion hereof is void, voidable, invalid or unenforceable,

G. COMPLIANCE WITH LAWS AND VENUE

In providing services required by this MOU, Facility and County must observe and comply with all licenses, legal celiifications, 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 MOU and exclusive venue shall lie in Dallas County, Texas.

H. NOTICE AND CORRESPONDENCE

All notices shall be in writing and correspondence shall be addressed as follows:

To DCHHS Strategic National Stockpile Coordinator Dallas Health & Human Services

To the Facility

2377 North Stemmons Freeway Dallas, TX 75207-2710

Property Manager Hines Interests Limited Partnership 2323 Victory Avenue, Suite 1520 Dallas, TX 75035

I. AGREEMENT/SIGNATURES

We the undersigned agree to the terms and conditions of this Memorandum of Understanding.

For Facility:

Signature

Name: Ryan Delaney

Job Title: Property Manager

Agency: Hines Interests Limited Partnership

For COUNTY/DCHHS:

''?\ / l \Clay Le~is enkins

Dallas 0, nty Judge

Recommended by:

zach~h ~on DCHHS Director Dallas County Health & Human Services

APPROVED AS TO FORM':

CRAIG WATKINS DALLAS COUNTY DISTRICT ATTORNEY


Melanie Barton Assistant District Attorney

Date

August 20. 2013

Date

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other pa.t1ies. Our review of this document was conducted solely ITom the legal perspective of our client. Our approval ofthis document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attomey(s).

~013 1355 ORDER NO, _____ _ COURT ORDER


STATE OF TEXAS §

COUNTY OF DALLAS §


20th day of August, 2013, on motion made by Mike Cantrell, Commissioner of District 2

and seconded by Dr, Elba Garcia, Commissioner of District 4 , the following Order was adopted:

WHEREAS, the Trinity River Authority of Texas was briefed in Commissioners Court on August 13, 2013; and

WHEREAS, agreement allows the Trinity River Authority of Texas, to serve as a Closed Point of Dispensing (POD) and provide prophylactic medicines to Specific and Pre-Approved Facility staff, who are, in turn dispensing that medication to their respective staff and other facility recipients affected by a disaster or public health emergency; and

WHEREAS, Dallas County will provide training for Facility personnel, if requested and/or available, about POD management and operations; and

WHEREAS, recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Memorandum Of Understanding between Dallas County Public Health Preparedness and the Trinity River Authority of Texas, and authorizes the County Judge to sign the agreement on behalf of Dallas County.

DONE IN OPEN C~URT this the 20th day of August ,2013.

Dr. Theresa M. Daniel, District # :venkins,~e _.

~~ile~y~pr~iC~~~~~~- Dr. Elba Garcia, District #4

Rec mended bY:-7~.c....""r~~~::::~P2:..:· '-'=-__ -------

MEMORANDUM OF UNDERSTANDING BETWEEN DALLAS COUNTY, TEXAS ON BEHALF OF THE

DALLAS COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES PUBLIC HEALTH PREPAREDNESS DIVISION

AND THE TRINITY RIVER AUTHORITY OF TEXAS

THIS AGREEMENT MADE the __ day of ' 2013 by and between Dallas County, Texas, (hereinqfter County), a governmental entity, on behalf of the Dallas County Department qf Health & Human Services, (hereinafter DCHHS) and the Trinity River Authority of Texas (hereinafter Facility), with respect to the selection of the Facility to serve as a Closed Point of Dispensing (hereinafter POD)and provide prophylactic medicines to Specific and Pre-Approved Facility Staff, who are, in turn, dispensing that medication to their respective stqlf and other facility recipients affected by a disaster or public health emergency.

A. DEFINITIONS

Public Health Emergency, for this purpose, means an occurrence or condition which results in an actual or imminent threat of harm to public health and safety due to Bioterrorism or terrorism events, outbreaks or release of dangerously contagious or infectious disease, that possess substantial probability of death, long-term disability, or future harm in the affected population.

Facility Recipient, for this purpose means any individual who works for the Facility, the family members of those who work for the facility, and other specified contractors working at the Facility.

Specific and Pre-Approved Facility Staff, for this purpose, means any individual, in the services of the Facility, who is pre-designated and pre-approved to dispense prophylactic medicines.

Strategic National Stockpile, for this purpose, has large quantities of medicine and medical supplies to protect the American public if there is a public health emergency (terrorist attack, flu outbreak, etc.) severe enough to cause local supplies to run out. Once Federal and local authorities agree that the SNS is needed, medicines will be delivered to any state in the U.S. within 12 hours. Each state has plans to receive and distribute Strategic National Stockpile medicine and medical supplies to local communities as quickly as possible.

B. NOTICE TO PROVIDE PROPHYLACTIC MEDICINES

DCHHS will, to the extent feasible, provide the designated Facility liaison with prophylactic medicines along with the appropriate Medicine Information Forms, Fact Sheets, and Screening I Consent Forms for the Facility to use pursuant to this MOU.

Prior to the Department offering the prophylactic medicines, representatives of both parties will communicate and confirm the exact number of Facility clients who will receive prophylactic medicines.

C. DUTIES AND RESPONSIBILITIES

The Facility will designate a primary and secondary contact person for the POD to DCHHS.

The Facility agrees that it will permit, to the extent of its abilities and upon request of DCHHS, its Specific and Pre-Approved Facility Staff to dispense medications obtained from DCHHS during a declared public health emergency. Those medications will only be dispensed to Facility Recipients.

The Facility agrees that it shall maintain and exercise reasonable care in the conduct of its activities and further agrees to adhere to all DCHHS guidance for the dispensing of prophylactic medicines, up to and including following the standing orders of the Dallas County Health Authority.

The Facility agrees that it shall maintain written documentation for each Facility Recipient who receives prophylactic medicines.

It is expressly agreed and understood that the Facility will not provide personnel to assist DCHHS at other PODs or public distribution sites.

DCHHS will to the extent feasible, provide any medications, supplies, and equipment needed by the Facility to successfully dispense the prophylactic medicines, including signage templates or other unique materials that would be used at a POD.

DCI-IHS will provide training for Facility personnel, if requested and/or available, about POD management and operations.

DCHHS will ONLY offer the prophylactic medicines IF:

I) Specific and Pre-Approved Facility staff are available to dispense those prophylactic medicines,

2) The Facility has the means to send a Facility liaison to come and collect the prophylactic medicines from a location to be determined during the Public Health Emergency or delivery directly to the Facility is deemed feasible,

3) DCHI-IS has the prophylactic medicines available to offer to the Facility. DCHHS does not own or possess a sufficient stockpile of prophylactic medicines or vaccines and serves as the distribution vehicle for the Strategic National Stockpile. Should there be a shortage of prophylactic medicines offered to DCHHS, the reSUlting allocation may suspend the enforcement of the memorandum of understanding. Allocation decisions are made in collaboration with federal and state officials and DCHHS is not the final arbiter of what quantity Dallas County will receive from the Centers for Disease Control's Strategic National Stockpile.

D. TERMINATION AND AMENDMENTS

Either party may terminate this MOU with sixty (60) days advance written notice to the other party. This document represents the entire MOU between the parties. Any amendments shall be in writing and agreed upon by both parties. This MOU shall remain in effect until terminated by one or both parties with contact information being updated by both parties annually.

E. RESPONSIBILITYIINDEMNIFICATION

Except as otherwise provided in this MOU, each party, including its respective elected officers, agents and employees, agrees to be responsible for its own negligent acts or omissions, or other tortious conduct in the course of performance of this MOU without waiving any sovereign immunity, governmental immunity or other defenses available to the

parties under federal or Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. All parties agree that any such liability or damages occurring during the performance of this MOU caused by the joint or comparative negligence of the parties, or their employees, agents or officers shall be determined in accordance with comparative responsibility laws of Texas.

F. SOVEREIGN/GOVERNMENTAL IMMUNITY

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

These Indemnity and Immunity provisions shall survive termination, expiration or cancellation of this MOU or any determination that this MOU or any portion hereof is void, voidable, invalid or unenforceable.

G. COMPLIANCE WITH LAWS AND VENUE

In providing services required by this MOU, Facility 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 MOU and exclusive venue shall lie in Dallas County, Texas.

H. NOTICE AND CORRESPONDENCE

All notices shall be in writing and correspondence shall be addressed as follows:

To DCHHS

To the Facility

Strategic National Stockpile Coordinator Dallas Health & Human Services 2377 North Stemmons Freeway Dallas, TX 75207-2710

General Manager Trinity River Authority of Texas P.O. Box 60 Arlington, TX 76004-060

l. AGREEMENT/SIGNATURES

We the undersigned agree to the terms and conditions of this memorandum of understanding.

For Facility:

Signature

Name: J. Kevin Ward

Job Title: General Manager

Agency: Trinity River Authority of Texas

Recommended by:

zacJ4-'y Th pson DCHHS Director Dallas County Health & Human Services


CRAIG WATKINS DALLAS COUNTY DISTRICT ATTORNEY

Melanie Barton Assistant District Attorney

Date

August 20, 2013

Date

Date

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. 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).

COURT ORDER

2013 . .1356 ORDERNO, ________ _

DATE: AUGUST 20.2013

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

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

the 20th day of __ -E.A~u!lig!,!;usS?!t~ ____________ 2013, on motion made by

_Mi:::'k:::e~Can=t:.:r.=el=l::2,~Co=mnu='=ss=i:::o=n=er=--=o.::.f....:D::.::i=s.::.tr:..:i:..:c::.::t....:2=--____________ , and seconded by

_D_r _' _E __ lb __ a---=G.::ar:::c::.::' i:.::a2.' _C:..::o.::rmn:.::l:::' s:..::s.::i.::on.::e:.::r_o=f=-=.D.::.is:.:t::.::rc::i .::.,ct:.:....:4 _________ , the following Order was adopted:

WHEREAS, Amendment No.1 to the LlHEAP Weatherization Assistance Program for the 2013-2014 program year was discussed in Commissioners Court on August 13, 2013; and

WHEREAS, Dallas County Health and Human Services has received Amendment No.1 to the LlHEAP Weatherization Assistance Program Contract, No. 81130001725, for the 2013-2014 program year, revising Exhibit A - Budget and Performance Statement, Exhibit C -PRWORA Requirements, and Exhibit E - LlHEAP Priority List; and

WHEREAS, the LlHEAP Weatherization Assistance Program weatherizes low-income homes in Dallas County, and is consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community; and

WHEREAS, the Contract Amendment requires the approval of the Commissioners Court and the electronic signature of the County Judge on behalf of Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve Amendment No.1 to the 2013-2014 LlHEAP Weatherization Assistance Program Contract, No. 81130001725, with the Texas Department of Housing and Community Affairs, revising Exhibits A, C, and E, as described, and authorizes the County Judge to electronically sign the Contract Amendment and all related documents on behalf of Dallas County.

DONE iN OPEN COURT this the 20th day of August 2013

-!J-1-!h;£~1 ~-!0::....::.:LI)~Itt;~_' ~ ~, /'\ / "r-

Clay LeMs J nkins Coufrtyiu

Dr. Theresa M. Daniel Commissioner, District No. 1

John Wiley Price Commissioner, . t ict NO.3

Dr. Elba Garcia Commissioner, District NO.4

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

AMENDMENT NO.1 TO CONTRACT NO. 81130001725

FY 2013 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93568)

SECTION 1. PARTIES TO THE CONTRACT

The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas, and Dallas County Department of Health and Human Services a political subdivision of the State of Texas agree to amend contract

no. 81130001725 executed by the Department on or about April 1,2013 (herein the "Contract").

SECTION 2. AMENDMENT OF THE BUDGET AND PERFORMANCE STATEMENT

This Contract is amended by deleting Exhibit A Budget and Performance Statement, in its entirety and substituting in lieu thereof the new Exhibit A, Budget and Perfonnance Statement, which is attached.

SECTION 3. AMENDMENT OF THE PRWORA REQUIREMENTS

This Contract is amended by deleting Exhibit C PRWORA Requirements, in its entirety and substituting in lieu thereof the

new Exhibit C PRWORA Requirements which is attached.

SECTION 4. AMENDMENT OF THE LIHEAP PRIORITY LIST

This Contract is amended by deleting Exhibit E LIHEAP Priority List, in its entirety and substituting in lieu thereof the new Exhibit E, LIHEAP Priority List, which is attached.

EXECUTED to be effective on: 7/1/2013

Dallas County Department of Health and Human Services a political subdivision of the State of Texas

By Title:

Date:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY Al"-FAIRS, a public and official agency of the State of Texas

By: Title: Its duly authorized officer or representative

Date:

Page 1 of9


AMENDMENT NO. 1 TO CONTRACT NO. 81130001725

FY 2013 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM

(CFDA# 93.568)

EXHIBIT A

BUDGET AND PERFORMANCE STATEMENT

Dallas County Department of Health and Human Services,

a political subdivision of the State of Texas

DEPARTMENT FINANCIAl OBI IGATIQNS

$ 1,769,226.00 LlHEAP FUNDS CURRENTLY AVAILABLE

___ -=$,,2:.:,0"'0,,0"'.0-'-0 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE

$ 1,769,226.00 TOTAL ANTICIPATED LlHEAP FUNDS

___ ....::$.::2,"'000....::.00:::. TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS

Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current

Contract Term. Unexpended fund balances will be recaptured.

RODGET FOR AYAII ABJ E AI lOCATIONS

CATEGORmS FUNDS

2 Administration $ 110,577.00

3 Materials I Program Support I Labor $1,326,919.00

4 Health and Safety $ 331,730.00

SUB-TOTAL $ 1,769,226.00

5 Training and Technical Assistance $ 2,000.00

TOTAL S 1,771,226.00

FOOTNOTfS TO mmGET FOR AYAH Am t' Al I orATIONS'

J Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the

Department will make any adjustments to the budget categories. The only categories that can be reduced are the Administration, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to

two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the

Subrecipient received at least forty-five (45) days before the termination of the Contract Term will be reviewed.

Department may decline to review written requests received during the final 45 days of the Contract Term.

2 Denotes maximum for administration based on 6.00% oftotal allowable expenditures.

3 Expenses incurred under Roof Repair will come out of your Materials I Program Support I Labor budget

4 Denotes the maximum allowed for Health and Safety expenditures.

5 Department approved training I travel only

Page 2 of9

PERFORMANCE

Subrecipient's service area consists of the following Texas counties:

DALLAS

Work orders must be submitted to weatherization contractors no later than March 31, 2014 for any weatherization activities to be completed under this Contract All weatherization activities including final inspection must be completed no later than April 30, 2014.

Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period no to exceed 60 days from the end of the Contract Tenn defined in Section 2 of this Contract.

These costs shall be reported on the final report described in Section 10 ofthi5 Contract

Subrecipient shall provide weatherization program services sufficient to expend the Contract funds during the Contract

Tenn. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed

$5,000.00 per unit without prior written approval from the Department. The cumulative total cost per unit (materials,

labor, and program support), shall not exceed the maximum allowable by end of the Contract Term.

Page 3 of9


AMENDMENT NO.1 TO CONTRACT NO. 81130001725

FY 2013 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSlSTANCE PROGRAM (CFDA# 93568)

EXHIBIT C

PRWORA REQUIREMENTS

Dallas County Department of Health and Human Services , a political subdivision of the State of Texas

If an individual is applying for UHEAP funds, a subrecipient must verify that the individual applying for LIHEAP funds IS a qualified recipient lor funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.c. §160l et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-20S

To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose government that administers "federal public benefit programs" is required to determine, and to verify, the individual's alienage status before granting eligibility. 8 V.S.c. §1642 (a) and (b). Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility once access to the system is provided by the Department.

An exception to the requirement of verification of alienage status applies when the applicant's eligibility is determined by a non-profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable" An organization is "nonprofit" if it is organized and operated for purposes other than making gains or profits for the organization, its member or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its generally accepted legal sense as developed by judicial decisions. It includes organi7..3tions dedicated to relief of the poor and distressed or the underprivileged, as weI! as religiously-affiliated

organizations and educational organizations.

CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) SYST.EM

Subrecipient agrees to:

(I) System Use

(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE

Program;

(b) PhysicaHy examine the documentation presented by the applicant and detennine whether the document(s) reasonably appear(s) to be genuine and to relate to the individual;

(c) Provide to the SAVE Program the infonnation the SAVE Program requires to respond to Subrecipient request" for verification of immigration or naturalized or derived citizenship status information, including (1) information from the applicant's immigration or naturalization documentation tor initial automated veriflcation, (2) additional information obtai11ed from the alien's immigration or naturalization documentation for automated additional verification, and (3) completed Forms G-S45 and other documents and infonnation required for manual additional verification. For manual only verification, ensure that Forms G-S45 and other documents and information required for manual verification arc provided;

d) Ensure tha~ prior to using VIS, all Users perfonning verification procedures complete SAVE required training including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s) (http://www . uscis. gov /portal/site/uscis/menu item. eb I d4c2a3e5 b9acS9243c6a 7 543f6d I a/?v gnextoid==9065d50d811 bS21 0 Vgn VCMl 00000082ca60aRCRD&vgnextchanne!""'9065d50d811 bS2 J OV gn VCM 1 OOOOOOS2ca60aRCRD), and maintaining a working knowledge of requirements contained therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for monitoring review;

Page 4 of9

(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification procedures;

(1) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program Guide, web-based tutorial, this Contract, and updates to these requirements;

(g) Ensure that all Users perfonning verification procedures have contact information for the SAVE Program and SAVE Monitoring and Compliance Contact information can be found at http://www ,usc is .gov /portallsite/uscis/menuitem. eb 1 d4c2a3e5b9ac89243c6a 7 543 f6d 1 al?vgnextoid=Od3 7 dffd7902931 OV g n VCMl 00000082ca60aRCRD&vgnextchanne!=Od37dffd790293I OV gn VCMl 00000082ca60aRCRD

(h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for veriflcation;

(i) Use any information provided by DHSAJSClS under this Contract solely for the purpose of detennining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such infonnation in accordance with this and all other provisions of this Contract;

U) Comply with the requirements of the Federal lnfonnation Security Management Act (FISMA (PL-l07~347), Title lll, Section 301) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the internal processing of records received by either agency under the terms of this Contract;

(k) Safeguard such infonnation and access methods to ensure that it is not used for any other purpose than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/herself may do so by submitting a written signed request to DHS-USClS. Instructions for SUbmitting request may be found at http://www . uscis, gov IU SC ISIV erification/SA VE/SA VE _N ative _ Documents/F act_Sheet._HowT oCorrect Y our Recordswith USCIS,pdf(subject to revision and reposting on the SAVE Website and Online Resources);

(l) Comply with the Privacy Act, 5 U.S.c. Section 552a, and other applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to the Contract;

(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon the national origin, c%r, race, gender, religion, or disability ofille applicant;

(n) Provide all benefit~app1icants who are denied benefits based solely or in part on the SAVE response with adequate written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact DHS-USCrs is posted at http://www ,usc is .gov /U SCISIV erification/S AVE/SA VE_ N ative _~Documents/F act_SheetjlowT oCorrect Y our Recordswith USCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources);

(0) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the opportunity to use the SUbrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and

(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification requirements of section 274A of the Immigration and Nationality Act, 8 U.S.C Section 1324a.

(2) Monitoring and Compliance.

(a) Allow SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.c. Section 552a or other applicable authority;

(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a violation of this agreement has occurred;

(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an information breach has occurred as a result of User Agency action or inaction pursuant to Office of Management and Budget (OMB) Memorandum M-07 -16, "Safeguarding Against and Responding to the Breach of Personally Identifiable Information;"

Page 5 of9

(d) Allow Department and SAVE Monitoring and Compliance to monitor and review an records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User and the User Agency, including, but not limited to original applicant consent documents required by the Privacy Act, 5 US.c. Section 552a or other applicable authority:

(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review Subrecipient's compliance with this Exhibit C and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract;

(£) Allow Department and SAVE Monitoring and Compliance to perfonn audits of SUbrecipient's User Ids use and access, SA VB Training Records, SA VB financial records, SAVE biographical infonnation, system profiles and usage patterns and other relevant data;

(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Subrecipient SAVE system users and any and all contact persons or other personnel within the User Agency regarding any and all questions or problems which may arise in connection with the Subrecipient's participation in SA VB;

(h) Al!ow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE users as necessary to ensure compliance with the terms of this Exhibit C and the SAVE Program requirements by its authorized agents or designees; and

(i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of this Exhibit C, SAVE Program procedures or other applicable law, regulation or policy

Page 6 of9


AMENDMENT NO. 1 TO CONTRACT NO. 81130001725

FY 2013 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93568)

EXHlBITE

LIHEAP PRIORITY LIST

Dallas County Department of Health and Human Services, a political subdivision of the State of Texas

An energy conservation measure (ECM) may include contributory items necessary for the proper installation of that ECM. The installed cost of all contributory items, associated with the proper installation, cannot exceed the cost of the individual ECM cost. Both the contributory and ECM costs are to be wrapped for the total ECM cost.

Contributory items, as defined by the Department, means items required by WAP field standards to achieve a final

product in a typical installation. Contributory items must be necessary to complete the proper installation and ensure proper perfonnance of the ECM.

Incidental Repairs, as defined by the Department, means those repairs necessary on items for the effective preservation of

weatherization materials.

1. Health & Safety Items

• Refer to H&S guidance located on the Department website at the following link: http://www.tdhca.state.tx.usJcommunity-affairs/wap/guidance.htm#healthsafety

• To include cook stoves - refer to Chapter 8 of the MISM http://www.tdhca.state.tx.us/community-affairs/wap/docsfV.IAP-MISM.pdf

2. Infiltration Measures, Maximum Cost

• $750, maximum cost

Must follow Material Installation Standards Manual located on the Department's website at the following link" http://www.tdhca.statc.tx.us/community -atTairs!wapidocs!W AP-MISM. pdf

• Home must have final blower door reading above Building Tightness Limit

• When solely utilizing the LIHEAP Priority List, minimum CFM reduction is not required

• All cost (labor and materials) must be detailed on the Building Weatherization Report (BWR)

o No window or door replacements allowed

• Complete Blower Door Data Sheet as instructed

3. Duct Sealing

• $750, maximum cost

• All return ducts to be sealed regardless of location

• All supply ducts to be sealed when in un-conditioned space

4. Attic Insulation

• Follow current code

• Block all heat sources & attic hatches

• Ifno insulation is added but ventilation needed, install ventilation under H&S

5. Compact Florescent Lighting (CFLs), water savers, and pipe and water heater insulation

• Install maximum of 10 CFLs per house

Water savers consist of kitchen, bath, and shower

Page 70f9

6. Sidewa!i Insulation

tI Dense pack all exterior wall cavities including above and below all windows and doors if no insulation

exists

7 Smart Thennostat

• Install only aiter consultation/training with client

8. Refrigerator Replacement

• Meter for minimum of 30 minutes

• Pre-1993 units can be replaced without metering, as long as manufactured year is documented

• Replaced units must be de-manufactured properly, materials must be recycled and refrigerant properly disposed of to E.PA regulations

9 Solar ScreensIWindow Film

• Install in the following order:

• West, South, East. then North side of house

tI If overhang/eaves are 18" in depth or greater, or if the windows are covered by porches, garages, or any other

pennanent shading structure, then solar screens/window film cannot be installed on that window

10, Floor Insulation

• Follow current code

• Follow OSHA accessibility standards

11 Incidental Repairs

• Maximum expenditure allowed is $500

• Must be related to weatherization measure

No window or door replacements allowed

• Materials could include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor window and door

repair, gutters, downspouts, paint, stains, and sealants

• Regarding mobile homes, could include mobile home ski11ing and overhangs to protect mobile home doors

• Could also include carpentry work to protect water heaters located outside to protect DWH from weather

elements

410 Could include roof, wall, and noar repair; excluding leveling

• Repair of "essential wiring"

• Essential wiring defined as any wiring going directly to an appliance that is being addressed by the WX

program

12, HVAC/Evaporative Cooler System Service

• Complete replacement offurnace/AC/HVAC as energy efficiency measure is a possibility

i. Must meet current Energy Star rating

ii. Must document accurate Manual J and Manual S in client file

iii. HVAC units with a SEER or downgraded SEER of 10 or less should be replaced. Documentation of the downgraded formula should be in the client file as part of the assessment

• Clean and tune

410 Clean Evaporative and Condensing coils

• Check/adjust gas pressure

• Clean blower wheel (squirrel cage)

• Check all contTols, set heat anticipator if applicable

Page 8 of9

0& Change and leave up to twelve new air filters

0& No replacement of window air-conditioners if a central system is repaired/replaced

• Replacement of window air-conditioners·

"" Maximum of three (3) window units can be replaced

• Must be Energy Star Rated and sized according to manufacturer's room sizing specifications

Page 9 of9

COURT ORDER

ORDER NO, 2013 1357 DATE: August20,2013

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §


the 20th day of _--,-A-"u~g,""u""s,-t ______________ 2013, on motion made by

_Mi_'_k_e_C_a_n_t_re_l_l~,_C_o_mm_'s_s_i_on_e_r_of_D_is_t_r_i_c_t_2 _______________ , and seconded by

_D_r_,_El_b_a_Ga_r_c_i_a,-, _C_omm_i_s_sl_' o_n_e_r_o_f_D_l_' s_t_rl_' c_t __ 4 ________ , the following Order was adopted:

WHEREAS, Amendment Number 1 to the 2013 Comprehensive Energy Assistance Program Contract was discussed in Commissioners Court on August 13, 2013; and

WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified Dallas County Health and Human Services of Amendment Number 1 to the 2013 CEAP Contract No, 58130001632, in the amount of $703,155; and

WHEREAS, administrative funds earned through the program may be utilized to purchase special equipment and vehicles as needed to further objectives of the program; and

WHEREAS, the 2013 CEAP Program offers utility assistance and emergency relief to assist those who are most vulnerable to the high cost of home heating and cooling, and is consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community; and

WHEREAS, Amendment Number 1 to Contract No, 58130001632 requires the approval of the Commissioners Court and the electronic signature of the County Judge,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve Amendment Number 1 to the 2013 Comprehensive Energy Assistance Program (CEAP) Contract No, 58130001632, in the amount of $703,155, effective January 1, 2013 through December 31,2013, and authorizes the County Judge to electronically sign the Contract on behalf of Dallas County,

DONE IN OPEN COURT this the

Clay Le County

Recommended by:

20th day of August ,2013,

Dr. Theresa M, Daniel Commissioner, District No, 1

Mike Cantrell om missioner, Distr' No, 2

Dr. Elba Garcia Commissioner, District No, 4

, blfemr: Health and Human Services

SECTION 1.


CONTRACT NO. 58130001632 FOR THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(CFDA # 93.568)

AMENDMENT NUMBER: 1

This Amendment Number I to 58130001632 (the First Amendment) is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and Dalla,> County Department of Health and Human Services, a political subdivision of the State of Texas (the "Subrecipient"), (hereinafter,

collectively the "Parties").

SECTION 2.

Subrecipient and Department executed that certain CEAP Contract No. 58130001632 ("Contract") to be effective on 6/15/2013.

SECTION 3.

Under the authority described in Section 12 of the Contract and for valuable consideration, the receipt and sufficiency which are

hereby acknowledged, the Parties hereby agree to [further] amend the Contract in the manner provided herein below:

1. Section 9 A, Record Keeping Requirements, to the Contract is amended by replacing in its entirety

Subrecipient shall maintain fiscal and programmatic records and supporting documentation for all expenditures of funds made under this Contract in accordance with the UGMS, Section III, Common Rule: State Unifonn Administrative Requirements for

Grants and Cooperative Agreements, Subpart C -Post Award Requirements, _.42. For purposes of compliance, all associated documentation must be ready available, '-"hether stored electronically or hard copy to justify complia.'lce with program rules

and regulations.

2. Section 18 F, Audit, to the Contract is amended by replacing in its entirety

Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor shall

retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the Subrecipient Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this

Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary.

3. Exhibit B, BUDGET, to the Contract is amended by replacing in its entirety with the amended Exhibit B, BUDGET, attached

hereto (consisting of two (2) pages).

SECTION 4.

The Parties hereto agree that all other tenns of the Contract shaH be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this First Amendment. In the event this First Amendment and the terms of the Contract [as amended by the First Amendment] are in conflict, this First Amendment shall govern,

unless it would make the Contract void by law.

SECTIONS.

Each capitalized ternl not expressly defined herein shall have the meaning given to such term in the Contract.

SECTION 6.

This First Amendment may be executed in severa! counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the sanle

counterpart.

Pagelof4

SECTION 7.

If any of the Parties returns this copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature.

SECTION 8.

By signing this First Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein.

SECTION 9.

This First Amendment shall be binding upon the Parties hereto and their respective successors and assigns.

SECTION 10.

This First Amendment is executed to be effective on the date of execution by the authorized representative for the Department

AGREED TO AND EXECUTED BY,

Dallas County Department of Health and I-Iuman Services a political subdivision of the State of Texas

By:

Title:

TEXAS DEPARTMENT OF HOllSING AND COMMUNITY AFFAIRS

a public and official agency of the State of Texas

By:

Title: Its duly authorized officer or representative

Page 2 of4


CONTRACT NO. 58130001632 FOR THE FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(CFDA # 93.568)

EXHIBIT B BUDGET

Dallas County Department of Health and Human Services, a political subdivision

DEPARTMENT FINANCIAL OBLIGATIONS

$ 7,803,021.00 CEAP FUNDS CURRENTLY AVAILABLE

$ 1,200.00 TRAll\ING TRAVEL ALLOWANCE Fu:-ms CURRENTLY AVAILABLE

BlJDGET FOR A V AILAHI,E AI,LOCA TIONS

BUDGET CATEGORY FUNDS

Administration $ 487,614.00

Assurance 16 $ 510,239.00

Direct Services $ 6,803,968.00

TOTAL CEAP BUDGET $ 7,801,821.00

BUDGET CATEGORY FUNDS

Household Crisis $ 3,401,984.00

Utility Assistance $ 3,401,984.00

TOTAL DIRECT SERVICES $ 6,803,968.00

Subrecipient's service area consists of the foUowing Texas counties:

DALLAS

Page 3 of4

%

-

-

-

-

%

50.00

50.00

100.00

Administrative costs, salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 6.2% of the contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of administrative costs for

Assurance 16 Activities, must be paid with nonfederal funds.

Assurance 16 Activities costs will be the maximum allowable under the total State of Texas LIHEAP award but not more than 6.6% of the contract expenditures excluding Training and Travel costs.

Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period not to exceed 45 days from the end of the Contract Teml defined in Section

2 of this Contract.

These costs shall be reported on the final report described in Section 10 of this Contract

Department's prior written approval for purcha.<;e or lease of equipment with an acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases.

Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any

building or facility.

Subrecipient is limited to only one budget revision request during the tirst 6 months of the Contract Term. A second and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract Teml.

Subrecipient shall provide outreach services under all components in this category, Failure to do so may result in contract

telTI1ination. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or other funds.

Page 4 of 4

2013 1358 ORDER NO. _____ _ COURT ORDER

DATE: August 20.2013

STATE OF TEXAS §

COUNTY OF DALLAS §


20th day of August , 2013, on motion made by Mike Cantrell, Commissioner of Dj"strict 2

and seconded by Dr. Elba Garcia, Commissioner of District 4 , the following Order was adopted:

WHEREAS, the Food Establishment Inspection Interlocal Agreements were briefed in Commissioners Court on August 13, 2013; and

WHEREAS, Dallas County Health and Human Services/Environmental Health Division provides food establishment inspections and other environmental health services with cities within the County; and

WHEREAS, in order to provide food service inspections, the contracting cities will be charged $150 for a minimum of (2) two inspections per year, per establishment. At the city's request additional inspections will be conducted at an additional fee of $75 per inspection, including establishments that are closed due to non-compliance of the Health and Safety laws; and

WHEREAS, recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community; and

WHEREAS, Dallas County Health and Human Services desires to enter into agreements, effective October 1, 2013 through September 30,2014, with the cities of Balch Springs, Cockrell Hill, Glenn Heights, Highland Park, Hutchins, Lancaster, Sachse, Seagoville, Sunnyvale, University Park and Wilmer.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby 1) approve the Food Establishment Interlocal Agreement with the cities of Balch Springs, Cockrell Hill, Glenn Heights, Highland Park, Hutchins, Lancaster, Sachse, Seagoville, Sunnyvale, University Park, and Wilmer for the provision of food service inspection services at a cost to the cities of $150 per yearfor each establishment requesting inspections by the County, 2) approve an additional fee of $75 for additional inspections, and 3) authorizes the County Judge to sign the Interlocal Agreements on behalf of Dallas County.

DONE IN OPEN ~9URT this the 20th day of Au ust , 2013 ~ // ~-"- /~~

Ins, County / ~ptre, . trict#2..

.~---; ~

Recomme n, Director

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 CITYITOWN OF ______ _

This Interlocal Agreement ("Agreement") is made by and between the CitylTown of -=--,.-::---;::::----c--:::----;--;-' Texas ("CitylTown"), a Texas municipal corporation, and Dallas County, Texas ("County"), on behalf of Dallas County Health and Human Services ("DCHHS"), 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 City/Town's jurisdiction and other environmental health services to City/Town.

2. TERM

This Agreement is effective from October 1, 2013 through September 30, 2014 unless otherwise stated in this Agreement.

3. INSPECTION SERVICES AND REQUIREMENTS

A. County will perforrn a minimum of two (2) inspections per Agreement Term of each food establishment for which the CitylTown 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 CitylTown 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.

ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS BTW DALLAS COUNTY & CITYITOWN-2013-14 1

B. Beginning with the third food establishment inspection, CitylTown will pay a Seventy Five and 00/100 Dollars ($75.00) fee for each additional inspection requested by CitylTown.

C. CitylTown will collect 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 non-compliance 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. City/Town shall pay County the stipulated fees within thirty (3~} 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 AgreementTerm. Any payment not made within thirty (3~} 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 CitylTown, 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 St. 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 CitylTown's proportioned share of the cost based upon the number of 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 of food 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 (3D) 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; 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 CitylTown 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 CitylTown.

9. INDEMNIFICATION

County and CitylTown, 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 immunity available to County or CitylT own 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 or to any third persons or entities.

10. INSURANCE

CitylT own 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 CitylTown 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. Stemmons Frwy., Suite 600 Dallas, Texas 75207-2710

12. ENTIRE AGREEMENT AND AMENDMENT

CITYITOWN

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 Agreement shall be effective 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 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 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. City/Town 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 City/Town 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 otherwise. 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, that CitylTown or County has by operation of law, or otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary.

18. COMPLIANCE OF LAWS AND VENUE

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.

ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS 8TW DALLAS COUNTY & CITYITOWN-2013-14 4

Texas law shall govern this Agreement and venue shall lie exclusively in Dallas County, Texas.

19. RELATIONSHIP OF PARTIES

CitylTown is an independent contractor and not an 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.

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 all 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.

;(BY ! "

Recommended:

BY: Zachary Thompson Director, DCHHS

Approved as to Form*:


TERESA GUERRA SNELSON \ CHIEF, CIVIL DIVISIO

·1

V BY: Melanie Barton

Assistant District Attorney

CITY/TOWN:

BY: City/Town Manager/Mayor

DATE: __________ _

BY: Title:

Approved as to Form:

BY: Title:

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

ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS BTW DALLAS COUNTY & CITYfTOWN-2013-14 5

~013'1359 COURT ORDER ORDER NO., ______ _


STATE OF TEXAS §

COUNTY OF DALLAS §

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

the 20th day of August , 2013, on motion made by Hike Cantrell, Commissioner District ~

and seconded by Dr. Elba Garcia, Cormnissioner District ~ the following Order was adopted:

WHEREAS, the Mosquito Controllnterlocal Agreement was briefed in Commissioners' Court on August 13,2013; and

WHEREAS, Dallas County Health and Human Services Department/Environmental Health Division provides mosquito spraying, free of charge, to the unincorporated area as well as to any city contracting with the County for food service inspections; and

WHEREAS, in order to continue providing spraying services and recoup the cost to the County, the contracting cities will be charged $185.00 per hour; and

WHEREAS, the recommendations are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community by providing disease prevention, and networking with County cities; and

WHEREAS, Dallas County Health and Human Services desires to enter into agreements, effective October 1, 2013 through September 30, 2014, with the cities of Cedar Hill, Coppell, DeSoto, Duncanville, Grand Prairie and Rowlett.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Mosquito Control Interlocal Agreement with the cities of Cedar Hill, Coppell, DeSoto, Duncanville, Grand Prairie and Rowlett, forthe provision of mosquito spraying at the rate of $185.00 per hour, and authorizes the County Judge to sign the Interlocal Agreements on behalf of Dallas County.

DONE IN OPEN COURT this the~day of August

J2- ih1{;y.~ Jeu:v nty Judge Dr. Theresa M. Daniel, District #1 antrell, District #2

-~ Dr. Elba Garcia, District #4

STATE OF TEXAS § § § §

COUNTY OF DALLAS §

1. PARTIES

MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS, ON BEHALF OF THE DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT, AND THE OF __________________ ___

TEXAS, A MUNICIPALITY

This Interlocal Agreement ("Agreement") is an Interlocal contract made by and between the -:-:-::-::-=-_. of , Texas, a "Municipality" as defined by Section 1.005(3) of the Texas Local Government Code ("Municipality"), and Dallas County, Texas ("County"), on behalf of the Dallas County Health and Human Services Department ("DCHHS"), based on the authority of the Interlocal Cooperation Act in Chapter 791 of the Texas Government Code, and the Local Public Health Reorganization Act in Chapter 121 of the Texas Health and Safety Code, to protect the public health by controlling the population of mosquitos by ground spraying of adult mosquitoes ("adulticiding") and by treating standing water to destroy mosquito larvae ("Iarvaciding") in order to prevent and control the outbreak of diseases associated with mosquitoes.

2. TERM

This Agreement is effective from October 1, 2013 through September 30, 2014 unless otherwise stated in this Agreement.

3. ADULTICIDING AND LARVACIDING SPRAYING SERVICES

A. Upon written request from Municipality, 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 St. Louis Encephalitis or the West Nile virus throughout the County, Municipality will have the option to participate in the County's separate emergency aerial mosquito spraying plan. If Municipality agrees to participate in the County's separate emergency aerial mosqUito sprayinq plan, Municipality must provide written notice to County and agree in writing to the following:

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

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

4. BUDGET AND PAYMENT BY MUNICIPALITY TO COUNTY

Municipality will pay County at a rate of One Hundred Eighty-Five ($185.00) Dollars per Hour, with a minimum of one (1) Hour of service assessed;

A. After the initial one (1) hour minimum service time for a given day of spraying, spraying services will be assessed using thirty (30) minute minimum intervals;

B. Only spraying time will be assessed. Travel time to or from the site of ground spraying or treating standing water will not be assessed.

MOSQUITO GROUND CONTROL AGMT BETWEEN DALLAS COUNTY & MUNICIPALITY 2013-2014 1

C. Municipality must pay County the assessed fees within thirty (30) days of receipt by Municipality of the monthly written request for payment, or if County fails to make any written payment request(s), then Municipality will pay any remaining assessed fees no later than the last day of the term of this Agreement Any payment not made within thirty (30) days of its due date will bear interest in accordance with Chapter 2251 of the Texas Government Code. Municipality's obligation to pay fees assessed and interest accrued under this Agreernent will survive the term of this Agreement until the Municipality pays the assessed fees and accrued interest

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.

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) Municipality's improper, misuse or inept use of funds or resources;

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

4) Municipality's submission of data, statements or reports that are incorrect, incomplete or false in any way.

6. INDEMNIFICATION

County and Municipality, including their respective employees and elected officials, agree that each will 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 Municipality under Texas law or other applicable laws and without waiving any available defenses under Texas law or other applicable laws. Nothing in this paragraph may be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities.

7. INSURANCE

Municipality agrees that Municipality will at all times during the term of this Agreement maintain in full force and effect general liability insurance; or self-insurance, to the extent permitted by applicable law under a plan of self-insurance, that is also maintained in accordance with sound generally accepted accounting practices. It is expressly understood and agreed that Municipality is solely responsible for 1) all cost(s) of such general liability insurance; 2) any and all deductible amounts in any general liability insurance policy; and any liability in the event that any insurance company denies coverage for any incident reasonably related to the performance of this Agreement

8. NOTICE

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

MOSQUITO GROUND CONTROL AGMT BETWEEN DALLAS COUNTY & MUNICIPALITY 2013-2014 2

after deposit of the notice or certification in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, and properly addressed to the contact person shown at their respective addresses set forth below, or at such other addresses as may be specified by written notice delivered by the methods described above in this subsection:

Dallas County, Texas

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

9. ENTIRE AGREEMENT AND AMENDMENT

of , Municipality

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 can be effective unless mutually agreed upon in writing and executed by the parties.


This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. Words of any gender used in this Agreement will be held and construed to include any other gender any words in the singular will include the plural and vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and cannot 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 will not be affected or impaired and such remaining provisions will remain in full force and effect.


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. Municipality has no 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 Municipality at the earliest possible time prior to the end of its fiscal year.

MOSQUITO GROUND CONTROLAGMT BETWEEN DALLAS COUNTY & MUNICIPALITY 2013-2014 3

13. DEFAUL TlCUMULATIVE RIGHTS/MITIGATION


14. SOVEREIGN IMMUNITY

This Agreement is expressly made subject to Municipality's and County's governmental immunities, including, without limitation, Title 5 of the Texas Civil Practice and 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 Municipality or County have by operation of law, or otherwise. Nothing in this Agreement is intended to or does benefit any third party beneficiary.

15. COMPLIANCE OF LAWS AND VENUE

In providing services required by this Agreement, Municipality 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. The laws of the State of Texas govern this Agreement. Venue for any action or claim arising from this Agreement must be filed in the state or federal district courts located in Dallas, Dallas County, Texas.

16. RELATIONSHIP OF PARTIES

Municipality is an independent contractor and not an agent, servant, joint enterpriser, joint venturer, or employee of County. Municipality and County agree and acknowledge that each entity will 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.

The remainder of this page is intentionally left blank.

MOSQUITO GROUND CONTROLAGMT BETWEEN DALLAS COUNTY & MUNICIPALITY 2013-2014 4


Municipality and County represent that each 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 this Agreement has 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.

COUNTY:

DATE: __ A_ll_gu_s_t __ 20_, __ 2_01_3 __________ _

Recommended:

BY: Zachary Thompson Director, DCHHS Dallas County, Texas

Approved as to Form*:

DALLAS COUNTY

Craig Watkins District Attorney

Teresa Guerra Snelson Chief, Civil Division

MUNICIPALITY:

BY: ------~~--~----------

Mayor or Manager

____ of ___________ , Texas

DATE: ______________________ __

Approved as to Form:

MUNICIPALITY

BY: Ben L. Stool BY: Assistant District Attorney Civil Division

Attorney for Municipality

*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 lega! document on behalf of other parties. OUf 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).

MOSQUITO GROUND CONTROL AGMT BETWEEN DALLAS COUNTY & MUNICIPAliTY 2013-2014 5

COURT ORDER ;l0131360

ORDERNO, ________ _

DATE: AUGUST 20,2013

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §


the 20th day of __ "'Ac!,!uql:jCu"'S21t ______________ 2013, on motion made by

_Mi_'k_e_C_a_n_tr_e~l=l~,_C~o=mm~l='s=s=i=on=e=r_o=f='=D=is=t=r=i=ct~2 ______________ ,andsecondedby

_D_r_,_El_b_a_G_a_r_c_ia-,,-,-C_omm_i_s_sl_' o_n_er_o_f_D_i_s_t_rl_' c_t_4 _______ , the following Order was adopted:

WHEREAS, the DCHHS Grants Management Quality Improvement training by STEEEP® Global Institute was discussed in Commissioners Court on August 13, 2013; and

WHEREAS, Dallas County Health and Human Services (DCHHS) seeks to enter an Agreement with Baylor Health Care System on behalf of STEEEP® Global Institute, for the provision of quality improvement training for the Grants Management Quality Unit; and

WHEREAS, Quality Improvement training, as outlined in Exhibit A, will be provided for three (3) participants, for a total cost of $6,000, which is available from the Ryan White Part A Quality Management budget; and

WHEREAS, the Commissioners Court must approve the Professional Services Agreement with Baylor Health Care System/STEEEP® Global Institute,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Professional Services Agreement with Baylor Health Care System on behalf of STEEEP® Global Institute, for the provision of quality improvement training which will equip staff to design and build a successful internal Quality Management program, for a cost of $6,000,00, available from Ryan White Part A Quality Management budget funds,

DONE IN OPEN COURT this the -=.:20,,-,-t!.L.h ___ day of ---,A,-"u""q.."u""st,--_, 2013,

ley Price

Dr, Theresa M. Daniel Commissioner, District No, 1

~~~~j Mike Cantrell C mmissioner, Distri

~~~ ~ ~~~~~ ~--~~~~~--~~

ssioner, istrict NO.3 Dr, Elba Garcia Commissioner, District No, 4

Recommended by: -:t. ~ ~-"'S;,-,,~A..l~-:-:-: __ -;-:-:-__ ----:::,---;--_ ~Thom on, 0' ctor, Health and Human Services

PROFESSIONAL SERVICES AGREEMENT

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between Dallas County Health and Human Services (HHS) - Grants Management/Quality Unit with its principal place of business located at 2377 North Stemmons Freeway, Suite 200, Dallas, Texas 75207-2710 ("Customer") and Baylor Health Care System, a Texas non-profit corporation, on behalf of STEEEP® Global Institute, with a principal place of business located at 8080 North Central Expressway, Suite 900, Dallas, Texas 75206 ("BHCS") to be effective as of the date the last party signs the Agreement (the "Effective Date").

I. SERVICES. Upon Customer's request, BHCS shall provide the services described on Exhibit "A" attached hereto and incorporated herein by reference (collectively the "Services").

2. PARTIES' DESIGNATED REPRESENTATIVES. In connection with the Services hereunder, Customer and BHCS hereby designate the following representatives:

Customer:

Name: Title: Phone: Email: Address:

Name: Title: Phone: Email: Address:

Zachary Thompson Director 214-819-2000 [email protected] 2377 North Stemmons Freeway, Suite 200 Dallas, Texas 75207-2710

Neil S. Fleming, PhD Vice President and Chief Operating Officer 214-265-3601 [email protected] 8080 N. Central Expressway, Suite 900, LB77 Dallas, Texas 75206

3. TERM AND TERMINATION. The term of this Agreement shan commence on the Effective Date and continue until the Services are completed, unless earlier terminated in accordance with this Agreement. Either party may terminate this Agreement at any time with or without cause upon sixty (60) days written notice to the other party. In the event of a breach of this Agreement by either party, this Agreement may be terminated if the situation is not remedied to the reasonable satisfaction of the non-breaching party within thirty (30). days of receipt of written notice of such breach. Termination of this Agreement shall not limit either party from pursuing any remedies available to it including injunctive relief, nor shall such termination relieve Customer of its obligation to pay all fees and expenses for all Services performed on or before the effective date of termination.

4. FEES AND EXPENSES. Customer shall pay BHCS for the Services performed under this Agreement fees in accordance with the fee schedule set forth on Exhibit "B" attached hereto and incorporated herein by reference ("Fees"). Customer shall submit payment to BHCS at the following address: BHCS, ATTN: STEEEP® Global Institute, PO Box 846168, Dallas, TX 75284-6168. Customer will pay all related taxes and withholdings except for those based on BHCS' net income. Invoices upon which payment is not received within thirty (30) days of the invoice date shall accrue a late charge of the lesser of (a) I v,% per month or (b) the highest rate allowable by law.

Confidential Page 1 of7

5. GOVERNING LAWNENUE. This Agreement shall be governed by the laws of the State of Texas, without regard to its choice of laws principles. The parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Dallas County, Texas for the purposes of adjudicating any matter arising from or in connection with this Agreement. In the event of any dispute or claim arising from or relating to this Agreement the parties shall negotiate with each other in good faith to settle any dispute or claim arising from or relating to this Agreement.

6. RELATIONSHIP OF PARTIES. This Agreement is not intended to create, nor should be construed to create, any relationship between the parties other than that of independent contractors contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither of the parties hereto, nor any of their respective employees, shall be construed to be agents, employees or representatives of the other. Any and all joint venture, joint enterprise, or partnership status is expressly denied and the parties expressly state they have not formed either expressly or impliedly a joint venture, joint enterprise, or partnership. Nothing in this Agreement shall be interpreted as authorizing either party to contract for or otherwise incur any liability whatsoever for or on behalf of the other party, its directors, officers, principals or employees. Neither party will withhold for any sums for income tax, Social Security, unemployment insurance, or any other employee withholding, nor offer any employee benefits to the other party's personnel. Each party shall be solely responsible for all employment-related withholdings and benefits of their respective personnel.

7. AMENDMENT. This Agreement may not be amended or modified except by a subsequent written agreement executed by duly authorized representatives of Customer and BHCS.

8. ASSIGNMENT AND BINDING EFFECT. Neither party shall assign or transfer its rights or obligations under this Agreement except with the other party's prior written consent; provided, however, this Agreement may be assigned to any corporation or other entity succeeding to the business of BHCS in connection with a merger, consolidation or transfer of all or substantially all of the assets and business of BHCS with a corporate reorganization involving BHCS. This Agreement may also be assigned to any subsidiary, parent corporation or other affiliate of BHCS. This Agreement shall be binding on heirs, successors in interest and pennitted assigns of the parties.

9. NOTICES. Any notices or other communications required or contemplated under the provisions of this Agreement shall be in writing and delivered in person, evidenced by a signed receipt, or mailed by certified mail, return receipt requested, postage prepaid, to the address indicated below or to such other persons or addresses as Customer or BHCS may provide by notice to the other. The date of the notice shall be the date of delivery if the notice is personally delivered or the date of mailing if the notice is mailed by certified mail.

Dallas County Health and Human Services 2377 North Stemmons Freeway, Suite 200 Dallas, Texas, 75207-2710 Attn: Zachary Thompson

Bay lor Health Care System 8080 North Central Expressway, Suite 900, LB77 Dallas, Texas 75206 Attn: STEEEP Global Institute

With copy to: Baylor Health Care System Law Department 4005 Crutcher Street, Suite 300 Dallas, Texas 75246

Con'fidential Page2of7

10. TRADEMARKS AND SERVICE MARKS. Customer shall not use the names, trademarks, logos, copyrights, or service marks of any Baylor Health Care System entity or its affiliates without obtaining the prior written consent ofBHCS.

This Agreement is AGREED TO AND ACCEPTED BY:

DALLAS COUNTY HEALTH AND HUMAN SERVICES ~

Z( . AuthrfZedSignaye ~ ZACHARY THOMPSON DIRECTOR

Printed Name, Title

August 20, 2013 ,

Confidential

BAYLOR HEALTH CARE SYSTEM

Authorized Signature

NEIL S. FLEMING, PHD VICE PRESIDENT AND CHIEF OPERATING OFFICER STEEEP GLOBAL INSTITUTE Printed Name, Title

Date

Page 3 of7

Exhibit "A"

Services

Objective: Provide Dallas County Health and Human Services - Grants Management/Quality Unit with the STEEEP Academy 4.5 day training program. The program will be customized to meet the needs of the Grants Management/Quality Unit for three (3) attendees focused on the foundation of quality improvement theory, methods, and tools.

Background: STEEEr Academy - Under the leadership of Christopher Shutts, MBA, Director of the STEEEP Academy, the STEEEP Academy teaches health care leaders, managers, and front-line employees about the theory and techniques of rapid-cycle quality improvement. It facilitates the enhancement of skills needed by physicians, nurses, administrators, and others to lead quality improvement efforts.

Program Objectives:

The STEEEP Academy courses teach the following core principles of clinical quality improvement:

• Methods for rapid cycle improvement utilizing multiple methodologies (Kaizen, Lean and Six Sigma) utilizing the Plan, Do, Check(study), and Act (PDCA) model for improvement

• Design of measurement systems by identifYing appropriate measures, data collection plans and utilization of simple data collection tools

• Performance improvement tools and techniques to define problems leading to both the design and implementation of interventions, and the evaluation of the interventions

• Conduction of rapid cycle improvement projects based on SMART principles: Specific, Measurable, Actionable, Realistic, Time-Bound

• Methods for analyzing and appropriately presenting data to staff and leadership • Improvement of processes of care and patient-centered outcomes, based on the Institute of Medicine's 6

domains of quality: Safe, Timely, Effective, Efficient, Equitable, and Patient-centered care (STEEEP) • Standardization of care and other work processes • Alignment of culture and leadership to promote the infrastructure for improvement (and change

management) in the front-line of clinical care givers and other employees

Dallas County Health and Human Services - Grants Management/Quality Unit oversees the quality initiatives for clinical services within their jurisdiction and/or grant funding area, including the training and standardization of clinical care, data collection for quality improvement initiatives and ongoing monitoring of performance measures of grantees.

Qne specific area of oversight is the HIV grants division, responsible for administering millions of dollars in federal and state HIV/AIDS grant funding including funds from Ryan White Part A and B and Ryan White Minority AIDS Initiative. This funding promotes persons living with HIV / AIDS throughout a 12-county service delivery area to have access to primary medical care through HIV -related health and psycho-social support services.


De/iverab/e(s):

Session ".--:C 1 (Full Day)

2 (Full Day)

3 (Full Day)

Confidential

STEEEP Global Institute I STEEEP Academy

Customized 4.5-Day Course Agenda Location of Training:

The STEEEP® Global Institute Baylor Health Care System

8080 N. Central Expressway, Suite 900, loB 77 Dallas, TX 75206

.•.. -;-- .. '.~'" ---;-.... - ~~ 'Content ..... ...... .. ' .....•. • Commitment to Quality

• Understanding the Problem in Health Care Quality

• Understanding Processes and Outcomes

• STEEEP Academy Methodologies

• Project Selection

• SMART Aim Statement i • Team Dynamics

• Mapping the Process

• Identifying Issues and Root Causes

• Wrap-Up and Project Learning Activities

• Prioritizing Issues

• Selecting Measures

• Identifying and Prioritizing Solutions

• Designing Processes Utilizing Lean Principles

• Preparing for Implementation

• Change Management and Communication During Change

• Data Collection • Leading and Expectations from Project Meetings

• Success Story - Quality Improvement Project


• Analysis Tools

• Traditional View of Data Feedback

• Rapid Cycle Improvement Event

• Recap of Methods & Tools (Jeopardy Game)

• Financial Implications of Clinical Excellence

• Sustainment and Continuous Improvement

• Project Review


Page 5 of7

i ,

I

4 (Full Day) • Teaching Exercises • Project Review • Wrap-Up and Project Learning Activities

5 (Half Day) • Overall Course Review • Presentation of Rapid Cycle Improvement Project(s) • Graduation with Certificate of Completion


Exhibit "B"

Fee Schedule

STEEEP Academy customized 4.5 day (36 hours) training program will be provided at $2000 per attendee; total cost for attendance of three individuals is $6,000. The Customer will pay BHCS $6,000 upon receipt of invoice following the execution of the contract.


20131361 COURT ORDER

ORDER NO:


STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 20th

day of August, 2013, on a motion made by Mike Cantrell, Commissioner of District 2 and


WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

The Dallas County Commissioners Court was briefed on August 13, 2013, concerning the request from the Juvenile Department to exercise the second of the four amendments to extend the psychological services contract with The University of Texas Southwestern Medical Center adjunctive psychological services; and

the contract provisions state that the number of hours of services be a minimum of 5,155 hours and to allow for four additional one-year renewals; and

the total contract is $54,000 annually funding through the Texas Juvenile Justice Department State Aid Grant and Juvenile Department Budget; and

the Dallas County Juvenile Department contracts with the University of Texas Southwestern Medical Center to assist in the provision of psychological services; and

the inter-local agreement/contract period from September 1, 2013, through August 31, 2014, and payment for these services will be made in equal monthly payments, understanding that a disproportionate number of hours will be provided during the months of June, July, and August;

the Dallas County Juvenile Board approved this request at its July 23, 2013 meeting through Board Order No. JB #073; and

this request complies with Dallas County's Strategic Plan, as evidenced by Vision 3: Dallas County is safe, secured, and prepared. Specifically, the current request is an attempt to synergize public safety programs and services across Dallas County, by the allocation of juvenile justice resources across Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court approves the Inter-local Agreement between the Juvenile Department and the University of Texas Southwestern Medical Center, not to exceed $54,000 from September 1, 2013, through August 31, 2014, and authorize the Juvenile Board Chairman to execute all related documents.

CCT- 2014 UT Southwestern Interns Page 2

I, District 2

Recommended by: Dr. Terry S. Smi ,Director Dallas County J enile Department

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

INTERLOCAL AGREEMENT TO PROVIDE PSYCHOLOGICAL SERVICES BETWEEN UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS

AND DALLAS COUNTY JUVENILE BOARD,

ON BEHALF OF THE THE DALLAS COUNTY JUVENILE DEPARTMENT

. WHEREAS, The University of Texas Southwestern Medical Center at Dallas ("UT Southwestern") is an agency of the State of Texas; and the Dallas County ("County") and the Dallas County Juvenile Board ("DCJB") are governmental entities of the State of Texas; and

WHEREAS, UT Southwestern has agreed to provide psychological services to the youths of the Dallas County Juvenile Department ("DCJD"), including youths in the Henry Wade Juvenile Justice Center's detention facility, located at 2600 Lone Star Dr., Dallas, Texas 7 5212; Marzelle C. Hill Transition Center, located at 2600 Lone Star Dr., Dallas, Texas 75212; Letot Center, located at 10505 Denton Dr., Dallas, Texas 75220; the Dallas County Youth Village, located at 1508 East Langdon Rd., Dallas, Texas 75241 the Lyle B. Medlock Youth Treatment Center located at 1508A East Langdon Rd., Dallas, Texas 75241 ("Facilities"); and

WHEREAS, The youths referenced are juveniles who are classified as detainees at the Facilities.

NOW THEREFORE, UT Southwestern and DCJB, on behalf of DCJD, enter into this Agreement pursuant to the authority of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, as amended, for provision of psychological services by UT Southwestern to the youths of DCJD, including those in the Henry Wade Juvenile Justice Center's detention facility, Marzelle C. Hill Transition Center, Letot Center, the Dallas County Youth Village, and the Lyle B. Medlock Youth Treatment Center for the mutual consideration as stated herein.

1. TERM

The term of this Agreement shall be effective from September 1, 2013 through August 31, 2014 with the option to allow for four additional one-year renewals, unless otherwise stated in this Agreement. Dallas County has agreed to exercise the second of four renewals to extend the contract with UT Southwestern.

2. RELATIONSHIP OF THE PARTIES

Each party is acting independently, and neither is an agent, servant, employee or joint enterprise of the other. UT Southwestern represents that it has, or will secure at its own expense, all personnel and consultants required in performing the Services under this Agreement. Such personnel and consultants shall not be employees of, or have any contractual relationship with DCJD. No officer and/or member of the governing body of the DCJD and/or DCJB shall participate in any decision relating to this Agreement which affects their personal interest or have any pecuniary interest in this Agreement or process thereof.

UTSW Intern Contract 2013-2014 Page 2

3_ SCOPE OF WORK

A. RESPONSIBILITIES OF UT SOUTHWESTERN

UT Southwestern, through the services of the Chainnan of the Graduate Program in Clinical Psychology, Department of Psychiatry, and the Psychology Staff and Fellows, shall provide the following Services at the request ofDCJD and implement under the control of the Juvenile Department within the scope of general psychology, including but not necessarily limited to the following:

I) Psychological screening, testing and evaluations for the youths or juveniles and their families;

2) Crisis intervention and psycho-educational training with the youths and their families;

3) Psychological screening and consultation services to the Facilities: Henry Wade Juvenile Justice Center's detention facility; Dallas County Youth Village; Marzelle C. Hill Center and Letot Center; and

4) UT Southwestern shall provide a minimum of Five Thousand One Hundred Fifty-Five (5,155) hours of psychological services at a rate ofTen and 48/100 Dollars ($10.48) per hour, not to exceed Fifty Four Thousand and 00/100 Dollars ($54,000) for the tenn of this Agreement.

B. RESPONSIBILITIES OF THE DCJD

I) Reimbursement for provision of psychological services will be provided in equal monthly payments, with the understanding that a disproportionate number of hours will be provided during the months of June, July, and August;

2) The total amount for this Agreement shall not exceed Fifty Four Thousand and 0011 00 Dollars ($54,000); and

3) The funds to be used for the payment of services perfonned under this Agreement will be State funds through the Texas Juvenile Justice Department and the Juvenile Department Budget.

4. TERMINATION

Either party may tenninate this Agreement and any renewal thereof, with or without cause, by sending thirty (30) day prior written notice to the other party.

5. NOTICE

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

2

UTSW intern Contract 2013-2014

DCJBIDCJD:

Dr. Terry S. Smith, Director Dallas County Juvenile Department Dallas, Texas 75212 Phone: 214-698-2222 Fax: 214-698-5508 Email: [email protected]

6. INDEMNIFICATION

Page 3

UT SOUTHWESTERN:

Arnim Dontes, Exec. VP Business Univ. ofTX Southwestern Med. Ctr. 5323 Harry Hines Boulevard Dallas, Texas 75390-9013 Phone: (214) 648-4352 Fax: (214) 648-0845

A. The County. not waiving any rights or its sovereign immunity, agrees to the extent allowed by the Texas Torts Claim Act to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs or judgments, including all reasonable attorney's fees, against the County including workers compensation claims, arising out of the performance of the County employees under this Contract, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance ofthis Contract and caused by the sole negligence of the County, its agents, officers, and/or employees.

B. UT Southwestern. not waiving any rights or its sovereign immunity, agrees to the extent allowed by the Texas Torts Claim Act to be responsible for any liability or damages that UT Southwestern may suffer as a result of claims, demands, costs or judgments, including all reasonable attorney's fees, against UT Southwestern or its students, including workers compensation claims, arising out of the performance of the students or UT Southwestern employees under this Contract, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of this Contract and caused by the sole negligence of the UT Southwestern, its students, agents, officers, and/or employees.

7. INSURANCE

A. UT Southwestern agrees that it will at all times during the term ofthis Agreement maintain in full force and effect self-insurance to the extent permitted by applicable law under a plan of self-insurance that is also maintained in accordance with sound accounting practices. UT Southwestern shall furnish (upon request) to County with satisfactory evidence of the existence of an insurance reserve adequate for the risks involved hereunder. It is expressly agreed that UT Southwestern will be solely responsible for all cost of any such insurance; any and all deductible amounts in any policy; and in the event that the insurance company should deny coverage.

B. It is the intent ofthese provisions that insurance or self-insurance cover all cost allowed by Texas law. Minimum insurance is a condition precedent to any work performed under this Agreement and for the entire term of this Agreement including any renewals or extensions. If any of the minimum insurance required under this Agreement lapses, is reduced below minimum requirements or is prematurely terminated for any reason, the County shall withhold any and all payments due UT Southwestern until UT Southwestern demonstrates compliance with the Agreement requirements and provides security satisfactory to County for the potential liability resulting from the lack of required insurance. This provision shall survive the Agreement termination. UT Southwestem shall provide, at a minimum, the following coverages:

3

UTSW Intem Contract 2013-2014 Page 4

1) Workers' Compensation Self-Insurance. Meeting the statutory requirements of the Texas Workman's Compensation Act;

2) Professional Liability Insurance. Pursuant to The University of Texas System Professional Medical Liability Benefit Plan, UT Southwestern will maintain coverage in the amounts of $1 00,000 per claim and $300,000 annual aggregate covering the duties perfonned under and during the term of this Agreement by UT Southwestern, with certificates of insurance evidencing such coverage to be provided to the County upon request.

3) General Liability. Because UT Southwestern is an agency of the State of Texas, liability for the tortious conduct of the agents and employees ofUT Southwestern (other than medical liability of medical staff physicians) is provided for solely by the provisions of Chapters 101 and 104 ofthe Texas Civil Practice and Remedies Code.

4) Comprehensive Automotive Liability Insurance. Covering UT Southwestern owned vehicles, with the minimum limits of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per accident for bodily injury and One Hundred Thousand and 00/100 Dollars ($100,000) per accident for property damages.

C. UT Southwestern shall notifY County in the event of any change in any applicable coverages and shall give such notices not less than fOliy-five (45) days prior to the change, which notice must be accompanied by a replacement Certificate of Insurance if applicable.

D. Approval, disapproval or failure to act by the County regarding any insurance supplied by UT Southwestern shall not relieve UT Southwestern of full responsibility or liability for damages and accidents as set forth herein. Neither shall bal1kruptcy, insolvency or denial ofliability by any insurance company exonerate UT Southwestern.

8. SUBCONTRACTING

A. UT Southwestern may not enter into agreements with subcontractors for delivery of the designated services outlined in this Agreement without prior written consent of the DCJB. The costs of all subcontracted services are included in the fees paid herein, unless otherwise stated. In selecting subcontractors, UT Southwestern shall ensure that existing community-based organizations are utilized to the fullest extent possible.

B. Subcontracts, if any, entered into by the UT Southwestern will be in writing and subject to all requirements herein. UT Southwestern agrees that it will be responsible to DCJB for the perfonnance of any subcontractor. Also, UT Southwestern shall pay all subcontractors in a timely manner.

9. CHOICE OF LAWS AND VENUE

In providing services required by this Agreement, UT Southwestern 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. This Agreement shall be governed by Texas law and exclusive venue shall lie in Dallas County, Texas. All statutes and law stated herein shall be updated as amended.

10. AMENDMENTS AND CHANGES IN THE LAW

4

UTSW intern Contract 2013-2014 PageS

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

11. SEVERABILITY

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

12. ENTIRE AGREEMENT

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

13. BINDING EFFECT

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

14. FEDERAL FUNDED PROJECT

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

15. DEFAULT/CUMULATIVE RIGHTS/MITIGATION


5

UTSW Intem Contract 2013-2014 Page 6

16_ ASSIGNMENT

UT Southwestern assures that it will not transfer or assign its interest in this Agreement without the prior written consent of the DCJB. UT Southwestern understands that in the event that all or substantially all of UT Southwestern's assets are acquired by another entity, UT Southwestern is still obligated to fulfill the terms and conditions of this Agreement.


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 herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement.

18. SOVEREIGN IMMUNITY

This Agreement is expressly made subject to UT Southwestern's governmental immunity and DCJB's sovereign immunity, Title 5 of the Texas Civil Remedies Code and all applicable State and federal law . The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties or the DCJB has by operatiou of law. Nothing herein is intended to benefit any third-party beneficiaries to this Agreement.

19. PREVENTION OF FRAUD AND ABUSE

UT Southwestern shall establish, maintain and utilize internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Agreement. Any known or suspected incident of fraud or Program abuse involving UT Southwestern's employees or agents that involve funds or activities under this agreement shall be reported immediately by the DCJB to the Office of the Inspector General for appropriate action. Moreover, UT Southwestern warrants to be not listed on a local, county, State or federal consolidated list of debarred, suspended and ineligible contractors and grantees. UT Southwestern shall, upon notice by DCJB, refund expenditures of the UT Southwestern that are contrary to this Agreement and deemed inappropriate by the DCJB. Said notice requires that the DCJB provide written notice of such claims and include the evidence and reasons for such charges.


Notwithstanding any provisions contained herein, the obligations of the DCJB under this Agreement are expressly contingent upon the availability offunding for each item and obligation contained herein for the term of the Agreement. UT Southwestern shall have no right of action against DCJB in the event DCJB is unable to fulfill its obligations under this Agreement as a result oflack 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 DCJB is unable to fulfill its obligations under this Agreement as a result oflack of sufficient funding, or if funds become unavailable, DCJB, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to UT Southwestern at the earliest possible time prior to the end of its fiscal year; however, DCJB shall be required to pay UT Southwestern for services already received at the time it gives notice.

6


21. CONFIDENTIALITY AND RECORDS

Both parties shall safeguard and adhere to all confidentiality, privacy and security requirements according to the applicable federal, State and local rules and regulations for the privacy and security of all information, including without limitation HIV/ AIDS-related information, accessed while perfonning under this Agreement.

All records created under this Agreement shall belong to the DCJB and DCJD.

22. PROMPT PAYMENT ACT

UT Southwestern agrees that a temporary delay in making payments due to the DCJB's or DCJD's accounting and disbursement procedures shall not place them in default ofthis Agreement and shall not render the DCJB and/or DCJD liable for interest or penalties, provided such delay shall not exceed thirty (30) days after its due date. Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251, Texas Government Code, as amended.

23. FORCE MAJEURE

Neither DCJB nor UT Southwestern shall be deemed in violation of this Agreement if either is prevented from performing any of the obligations hereunder by reason of, for or through strikes, stoppage oflabor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the event of such an occurrence the time for performance of such obligations or duty shall be suspended until such time that such disability to perform, for which the party is not responsible or circumstances beyond its control, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in performance to the other party within ten (10) days ofthe knowledge of such occurrence. Each party shall make all reasonable efforts to mitigate the effects of any suspension.

24. TRANSITION SERVICES

Upon notice of termination and/or expiration of this Agreement, the DCJB shall have the right to request an audit (and UT Southwestern shall reasonably accommodate such a request), at DCJB expense and at a reasonable time mutually agreed upon by the parties, any and all records ofUT Southwestern relating to this Agreement. Moreover, upon termination and/or expiration date ofthis Agreement, UT Southwestern agrees to transition the Services provided herein in a cooperative maimer and provide the following to DCJB or DCJD, within sixty (60) days after the date of termination and/or expiration: (i) All Agreement and Services documentation identified in a complete, neat and orderly maImer; and (ii) Good faith pledge to cooperate with DCJB upon transition of Services to another contractor or DCJB department providing the same or similar services; and (iii) Final accounting of all income from the Agreement; and (iv) Downloading and removal of all DCJB information from UT Southwestern's equipment and softwaI'e; and (v) Removal ofUT Southwestern's Services without effecting the integrity ofDCJB' s systems; and (v) All Records and DCJB property. This provision shall survive Agreement termination. rfUT Southwestern is requested to provide additional services beyond those outlined herein, it shall be compensated at a rate to be mutually agreed upon prior to provision of such services.

7



The person or persons signing and executing this Agreement on behalf of UT Southwestem, or representing themselves as signing and executing this Agreement on behalf oflJT Southwestem, do hereby warrant and guarantee that he, she or they have been duly authorized by UT Southwestem to execute this Agreement on behalf ofUT Southwestem and to validly and legally bind UT Southwestem to all terms, performances and provisions herein set forth.

EXECUTED IN QUADRUPLICATE THIS 20th DAY OF ___ ..:;A..:;ugu=s..:;t ____ 2013.

Dallas County Com . sioners Court

~~BY: n County Judge O<)!!Wt.y Commissioners Court

Dallas County Juvenile Department

BY: Judge Che 1 ee-Shannon, Chairman Dallas County Juvenile Board

BY: Dr. Terry S. Smith, Director Dallas County Juvenile Department

DALLAS COUNTY

CRAIG WATKINS

DISTRICT ATTORNEY

TERESA GUERRA SNELSON

CHIEF, CIVIL DIVISION

By:

Denika Caruthers

Assistant District Attomey

UT SOUTHWESTERN:

BY: Shawn Cohenour Director, Contracts Management

*By law, the District Attorneys' Office rnay only advise or approve contracts or legal documents on behalf of its Clients. It rnay 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).

8

COURT ORDER

ORDER NO: 2013 1362 DATE: August 20, 2013

STATE OFTEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED at a regular meeting of the Juvenile Board of Dallas County, Texas, held on the 20th day of

August, 2013, on a motion made by Mike Cantrell, Commissioner of District 2 and


WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

as an Open-enrollment Charter School, the Academy for Academic Excellence is eligible to receive federal funds authorized by the Elementary and Secondary Education Act (ESEA), Public Law 107-110, specifically: Title I, Part A; Title I, Part D; Title II, Part A; and Title III, Part A; and

this legislation, which was passed in 2001, referred to as the "No Child Left Behind" (NCLB) legislation, amends the federal education programs established under the ESEA in 1965; and

the Academy for Academic Excellence is also eligible to receive federal monies related to the Individuals with Disabilities Education Act Formula Funds; and

the purpose ofTitle I, Part A is to enable schools to provide opportunities for children served to acquire the knowledge and skills contained in the state content standards and to meet the state student performance standards developed for all children. Title I, Part A provides supplemental resources to Local Education Agencies (LEA) to help schools with high concentrations of students from low-income families provide a high quality education, which will enable all children to meet the state student performance standards; and

the purpose of Title I, Part D is to enable schools to provide opportunities for children from lowincome families made available through Title I, Part A. This funding is only available to children in the juvenile justice system that have been placed, and subsequently released, from a residential setting within the school district; and

the purpose of Title II, Part A is to provide teacher and principal training and recruitment; and




the remainder of the funds, Title I, Part A; Title II, Part A; and Title III, Part A LEP are recommended to be utilized in a Shared Services Arrangement (SSA) with the Region 10 Educational Services Center (ESC); and

as with any funding related to Federal sources, the Academy for Academic Excellence School Board through the Dallas County Juvenile Department will be responsible for ensuring that all accounting guidelines related to allowable costs are followed for these programs; and

Application for Federal Title Funds for the Academy for Academic Excellence Page 2

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

based on the data provided by Texas Education Agency Dallas County 2012 maximum entitlements the Preliminary Planning Amounts for the fiscal year 2013; and

FY13 Maximum FY14 Original Difference Entitlements Anticipated

Title I, Part A $515,292 $463,763 $51,529 Title I, Part D, Subpart 2 $1,331,328 $1,198,195 $133,133 Title II, Part A $79,936 $71,942 $7,994 Title III, Part A $12,762 $11,486 $1,276 IDEA-B $171,769 $154,592 $17,177 Total $2,111,087 $1,899,978 $211,109; and

the deadline for submitting the NClB Consolidated Application is September 4, 2013 for Charter Schools and the Special Education Consolidated Grant Application is due by August 27, 2013; and

the Dallas County Juvenile Board approved this request at its July 22, 2013 meeting through Board Order # 2013-081; and

this request complies with Dallas County's Strategic Plan, as evidenced by Vision 3: Dallas County is safe, secured, and prepared. Specifically, the current request is an attempt to synergize public safety programs and services across Dallas County, by the allocation of juvenile justice resources across Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court approves grant authorization for the Academy for Academic Excellence to submit the applications for: Title I, Part A; Title I, Part D; Title II, Part A; Title III, Part A; and IDEA-B Formula funds for 2013-2014 to the Texas Education Agency and to authorize Judge Cheryl lee-Shannon, as President of the School Board, to sign any related documents, if needed.

T this 20th

day o~st, 201l .

~~~_-.-_. _ /l . ALu..f1At ) Di1vv Dr. Theresa M. Daniel, District #1

Dr. Elba Garcia, District #4

Recommen ed by: irector

Dallas County Juvenile Department

2013 136'3 COURT ORDER ORDER NO: ____ _


STATE OF TEXAS §

COUNTY OF DALLAS §


________ -=20~'_h _______________ dayof ________ ~A~u~g~us~t~ _____________________ ,2013, on

a motion made by Mike Cantrell, Cormnissioner of District 2 , and seconded by

_D_r_, __ E_lb_a __ G_a_r_c_ia-,-, _C_o_mm __ i_ss_l_' o_n_e_r_o_f __ D_i_s_t_rl_' c_t __ 4 ___________ , the following Court Order was adopted:

WHEREAS, Commissioners Court was briefed on July 9, 2013 concerning an insurance lapse for Home Health Services of Dallas, Inc. under RFP No. 2012-023-5831 RFP for HIV Health and Social Services to be Funded by the FY 2012 Ryan White HIV I Aids Treatment Extension Act Ryan White Parts A, B, and Minority Aids Initiative; and State of Texas HIV Health and Social Services Grants; and

WHEREAS, the vendor has maintained and primary employer's indemnity policy in lieu of workers compensation insurance coverage due to cost escalation; and

WHEREAS, given the lack of available home health providers for the HIV/AID population and the potential disruption to the individuals receiving services, the indemnity policy will be substituted, with the minimum limits as outlined in Amendment No.1, for workers compensation coverage; and

WHEREAS, the attached Amendment No.1 formalizes this change for the contract period through February 28, 2014

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize Amendment NO.4 under RFP No. 2012-023-5831 RFP for HIV Health and Social Services to be Funded by the FY 2012 Ryan White HIV I Aids Treatment Extension Act Ryan White Parts A, B, and Minority Aids Initiative; and State of Texas HIV Health and Social Services Grants to reflect the revised insurance requirements and authorizes the County Judge to execute the amendment on behalf of Dallas County.

-=2",,0'_h _ day of __ -,A...:;u",g""u",s,,-t _______ , 2013.

~.~ , Uernkins, County Judge

~/

Il~ J;;){b ),e Dr. Theresa rvi Daniel, District #1 Mike Cantrell, Distri t #2

c<Oa~· Dr. Elba Garcia, DDS, District #4

Recommended bY:~Wt#--JdrIll.M..< Shannon S. Brown, Purchasing Agent

STATE OF TEXAS

COUNTY OF DALLAS

§ § § §

AMENDMENT NO.1

CONTRACT FOR HIV/AIDS SERVICES DELIVERY FUNDED UNDER THE TITLE XXVI OF THE PHS ACT,

AS AMENDED BY THE RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009: FY 2013 PART A FORMULA FUNDING GRANT

CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NO. 93.914

BETWEEN

DALLAS COUNTY ("County"), ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES ("DCHHS"),

AND

HOME HEALTH SERVICES OF DALLAS, INC. ("Contractor")

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2013-0733, Dallas County (hereinafter, "County"), acting by and through the Dallas County Commissioners Court (hereinafter, "Commissioners Court"), on behalf of Dallas County Health & Human Services (hereinafter, "DCHHS") and Home Health Services of Dallas (hereinafter, "Contractor") entered into a contract for HIV/AIDS Services Delivery (hereinafter, "Original Contract") as a result of competitive solicitation RFP No. 2012-023-5831 RFP for HIV Health and Social Services to be Funded by the FY 2012 Ryan White HIV I Aids Treatment Extension Act Ryan White Parts A, B, and Minority Aids Initiative; and State of Texas HIV Health and Social Services Grants (hereinafter, "County's RFP"); and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2013-0733 dated April 23, 2013, the Original Contract period is March 1, 2013 through February 28, 2014; and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2013-1063 dated June 18, 2013 County authorized a waiver of the requirement in the Original Contract that Contractor maintain workers compensation coverage for the period January 1,2013 through June 30, 2013 based on information presented that Contractor maintained Select Employers Indemnity insurance; and

NOW THEREFORE, in consideration of the promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, by execution of this Amendment No.1, the Original Contract is hereby amended as follows:

I. PURPOSE:

This Amendment No.1 amends the Original Contract between County, Dallas County Health & Human Services and Home Health Services of Dallas. The purpose of this Amendment No.1 is to amend the insurance requirements of the Original Contract.

II. AMENDED PROVISIONS:

Contract Amendment No.1 shall not change any contractual provisions agreed upon in the Ryan White HIV/AIDS Treatment Extension Act Part A Formula Funds agreement. This Amendment No.1 shall not change or waive any contractual provisions, clauses or conditions of the Original Contract, each of which are incorporated herein by reference as if fully reproduced, word for word, and number for number, unless otherwise provided for herein. The Original Contract, including any and all incorporated and/or referenced

documents, exhibits, attachments, and amendments, specifically County's RFP and Contractor's Proposal, (hereinafter, "Contractor's Proposal"), and any and all incorporated and/or referenced documents, exhibits, attachments, and amendments that by their terms have been incorporated into any of the foregoing documents, are collectively referred to herein as the Original Contract. All provisions of the Original Contract shall remain in full force and effect throughout the term of the Original Contract and any duly authorized amendments or extensions, including this Amendment No, 1 to include the following Amended Provisions:

1, Definitions, Capitalized terms used in this Amendment and defined in the Agreement shall be used herein as so defined, except as otherwise provided herein,

2, Amendment. COUNTY, CONTRACTOR and SUB-CONTRACTOR hereby agree to the following:

a, Section 18, INSURANCE, Subsection (a)(3), is amended to read as follows:

(3) Select Employers Indemnity: Vendor shall maintain a select employers indemnity policy with the following coverage:

Maximum coverage period: Maximum weekly indemnity: Waiting period: Accidental Bodily Injury, Occupational Disease, or Cumulative Trauma: Combined Single Indemnity Limit:

General Policy Aggregate Lim it Accidental Death or Dismemberment Limit:

260 weeks subsequent to each occurrence $600,00 per employee 5 days per employee per occurrence

$1,000,00 per occurrence $5,000,000,00 per employee per occurrence with $25,000,000,00 per occurrence limit $25,000,000,00

$150,000,00

3, Continued Effect. Except to the extent amended hereby, all terms, provisions and conditions of the Original Contract, as it may have been amended from time to time, shall continue in full force and effect and the Contract shall remain enforceable and binding in accordance with its terms,

4, Counterparts, This Amendment may be executed in any number of counterparts, all of which when taken together shall constitute one and the same document, and each party hereto may execute this Amendment by signing any of such counterparts,

III. ACCEPTANCES:

By their signatures below, the duly authorized representatives of County, DCHSS and Contractor accept this Amendment No.1 in full and represent that they are duly authorized to execute this Amendment No.1 on behalf of their party and to validly bind their party to all terms, conditions, performances, and provisions set forth herein.

EXECUTED THIS 20th DAY OF __ A_ugu_s_t _______ , 2013.

DALLAS COUN~Y: III '

II (Y~lJiJL 1\ Signature I ~ I Clay Lewis JenJr\s

Name

Dallas County Judge Title

August 20, 2013

Date

Signature

Zachary S. Thompson Name

Director, Dallas County Health & Human Services Title

Date

APPROVED AS TO FORM':


Assistant District Attorney

HOME HEALTH SERVICES OF DALLAS

Signature

Name

Title

Date

'BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENTWAS 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).

LUUKIUKlJJ<,K

ORDER NO. )2013 1361 DATE: August 20, 2013

STATE OF TEXAS

COUNTY OF DALLAS


the _____ ,f'20oiltllh ____ day of ______ ....J.A;lU!j!g:J!UJj!stL ___________ • 2013. on motion made by

Mike Cantrell, Corrnnissioner of Distrc:lc:' c"t"--'Z"--________________ , and seconded by

Dr. Elba GarCia, Corrnnissioner of District 4 _________ , the following order was adopted.

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the matter set forth below was presented to Commissioners Court in briefing on August 13, 2013; and

Dallas County Public Works (County) is leading the implementation efforts to improve La Prada Drive between Millmar Drive and Motley Drive, MCIP 202 lOB (Project), located in the City of Dallas (City),

the scope of this O.25-rnile long project encompasses replacement of existing pavement, sidewalks and utilities and upgrading the underground drainage system to current standards; and

pursuant to Court Order 2011-1287 dated August 2, 20 ll, County and City entered into a Master Agreement Governing Transportation Major Capital Improvement Projects which authorizes the County to partner with the City to implement transportation projects; and

the Project design is 95% complete, and County and City must enter into a Project Specific Agreement (PSA) before a contract can be awarded and to solidify specific commitments for the Project; and

the estimated total Project cost is $1,900,000.00; and the County will provide funding for the Project in the amount of $950,000.00, and the City agrees to provide funding for tlle Project in the amount of $950,000.00; and

the Project supports Vision 1 of the Dallas County Strategic Plan (Dallas County is a model interagency partner) -Dallas County Public Works consistently partners with most cities within Dallas County to implement transportation improvement projects tln'ough the Major Capital Improvement Program, and Vision 5 (Dalias County is the destination of choice for residents and businesses) ~ The improvements to La Prada Drive drainage system will alleviate flooding that is occurring in the area. thus enhancing the quality of life for residents; and

the Director of Public Works recommends execution of the attached Project Specific Agreement with the City of Dallas for the implementation of the La Prada Drive MCIP 20210B project.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized to execute the attached Project Specific Agreement between the City of Dallas and Dallas County for the La Prada Drive MCIP 20210B project.

DONE IN OPEN COURT, this the ____ ---'2"'0CJ!thL-___ day of _____ ~A"ujfg!;]'UBlsLt _____ ~, 2013.

/1- .

~)Cvz:1 . 1 " ounty Judge Dr. Theresa M. Daniel, District 1

Dr. Elba Garcia, District 4 Recommended for Approval:

~, Alberta~P.~ Director o;:;;;blic Works

July 29,2013

Ms. Alberta Blair, P.E. Director of Public Works Dallas County 411 Elm Street, 4th Floor Dallas, TX 75202

Cily of Dalias

Re: La Prada Drive from Millmar Drive to Motley Drive MCIP Project 2021 OB

Dear Ms. Blair:

Enclosed please find four (4) copies of the partially executed Project Supplemental Agreement for the above referenced project. The approved Council Resolution No. 13-0413 is also included. Please have the agreements executed by the Dallas County and return one (1) fully executed original for our file.

If you have questions or need additional information, please contact me at 214-670-1228.

Sincerely,

~ '~ i min H. Korngi el, P.E.

Senior Program anager Public Works

\\Bonnie View\PSA to Dallas Co

Enclosures

c: Alan Hendrix, P.E., Assistant Director, Public Works, City of Dallas Tony Irvin, P.E. Project Manager, Dallas County

PUBLIC WORKS DEPARTMENT OAK CLIFF MUNICIPAL CENTER 320 E. JEFFERSON BOULEVARD DALLAS. TEXAS 75203 TELEPHONE 214·948-4250

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROJECT SPECIFIC AGREEMENT

TO THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

This Project Specific Agreement ("PSA") to the Master Agreement Governing Transportation Major Capital Improvement Projects ("Master Agreement") is made by and between the City of Dallas, Texas ("City") and the County of Dallas, Texas ("County"), acting by and through its duly authorized officials, for the purpose of Transportation Improvements on the La Prada Drive MCIP Project 20210B from Millmar Drive to Motley Drive ("Project").

Whereas, the County has requested that it be desiguated as the Lead Agency for the Project and will provide the Project Manager; and

Whereas, the City is in agreement with County's request to be the Lead Agency for the Project; and

Whereas, Chapter 791 of the Texas Government Code and Texas Transportation Code Article 472.001 provides authorization for local governments to contract with each other for the performance of governmental functions and services, as well as joint funding for construction or improvements of road or street projects; and

Now therefore this PSA is made by and entered into by the City and the County, for the mutual consideration stated herein.

Article 1. Project Specific Agreement

This purpose of this PSA is to specifically identify the Project and to set forth the revisions to the rights and responsibilities of each of the parties, as previously established in the Master Agreement, including any amendments thereto. The terms of this PSA shall supplement the Master Agreement, and all of the terms and conditions ofthe Master Agreement, including any amendments, are incorporated herein for all purposes. Further, all terms of the Master Agreement, as it may have been amended, remain in full force and effect except as modified herein. For the purposes of the Project, in the event of any conflict between the Master Agreement, amendments to the Master Agreement and this PSA, this PSA shall control.

Article II Incorporated Documents

This PSA incorporates, as if fully reproduced herein word for word and number for number, the following items:

PSA- City of Dallas for La Prada Dr. MeIP 20210B

1. Master Agreement, authorized by County Commissioners Court Order; 2011-1287 dated August 02, 2011, and amendments thereto;

2. Project Scoping Sheets, as shown in Attachment "A"; 3. Current Cost Estimates and Funding Sources, as shown in Attachment "B"; and 4. Proposed Project Schedule, as shown in Attachment "C".

Article III Term of Agreement

This PSA becomes effective when signed by the last party whose signature makes the respective agreement fully executed and shall terminate upon the completion and acceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions in the Master Agreement, Article IV.

Article IV Project Description

This PSA is entered into by the parties for public transportation improvements to La Prada Drive from Millmar Drive to Motley Drive, MCIP Project 2021 OB, within the City of Dallas, Texas, hereinafter referred to as the "Project" and as more fully described in Attachment "A". This Project will facilitate the movement of public transportation to benefit both the City and County.

Article V. Fiscal Funding

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of funding by the County for each item and obligation contained herein. City shall have no right of action against the County of Dallas as regards this PSA, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this PSA. In the event that payments or expenditures are made, such payments shall be made from current funds as required by Chapter 791, Texas Government Code.

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of funding by the City for each item and obligation contained herein. County shall have no right of action against the City as regards this PSA, specifically including any funding by City of the Project in the event that the City is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the

PSA- City of Dallas for La Prada Dr. MelP 20210B

City, at its sole discretion, may provide funds from a separate source or tenninate this PSA. In the event that payments or expenditures are made, such payments shall be made from current funds as required by Chapter 791, Texas Government Code.

I. Project Description:

Article VI Agreements

1. The Project limits are La Prada Drive from Millmar Drive to Motley Drive.

2. The agreed upon Standard Basic Project Design for the Project is set forth in the Project Scoping Sheets, attached hereto as Attachment "A" and incorporated for all purposes as if written word for word herein. The Standard Basic Project Design for the Project specifically does not include Paving and Drainage Amenities or Utility Betterments, as such terms are defined in the Master Agreement. If the City adds relocation or adjustment of City Utilities or Utility Betterments to the Project, the City agrees that it will pay 100% of the costs of these Project additions.

3. The County may include any such item as an optional item to the construction bid for the Project. City further agrees to review the bids submitted, the bid specifications, quantities, bid amount and any other bid item the City shall choose to review, and furnish a written acceptance or rejection of the bid to the County within ten (10) days of receipt. In the event a bid is accepted, City agrees to encumber an amount adequate for the City's portion of the estimated Project costs, as indicated in Attaclnnent "B," which may be amended to conform to the actual bid amount.

4. It may be necessary, as part of the Project, to acquire road right-of-way, as shown in the Project Scoping Sheets, which specifically includes all real property outside of the designed right-of-way needed, if applicable, or convenient to the construction, drainage, interface with adjoining streets or alleys, driveways or other access ways or other Project permanent or temporary easements which is approved by City and County. Such right-of-way acquisition shall be the responsibility of the County as Lead Agency. The right-of-way acquisition costs, both direct and indirect, are subject to City's approval.

5. In order to certifY that the expenditures for the Project are in compliance with each party's funding obligations under this PSA, eaeh party agrees to furnish to the other party, its respective Auditor, or its respective designated representative(s) the unrestricted right to audit any and all accounting and other records regarding any funds paid or claimed under this PSA, including, but not limited to all books, records, reports, tickets, deposits, expenditure, budget or any item therein, supporting data, computer records and programs, and all items of hardware, software or firmware, or


any other item utilized by the party regarding this PSA ("records"). Each party contracts and agrees that all records shall be kept and maintained for a period of time not less than four (4) years from the date of the termination of this PSA. Such records shall be provided to the requesting party in Dallas County, Texas, and available for any audit upon request, during nonnal business hours.

6. The results of any audit may be furnished to the non-auditing party for comment. In the event that any audit shall determine that money is owing to the County or the City, such sums are deemed to be due and payable within thirty (30) days ofthe date of an invoice for such cost being deposited in the U.S. Mail, certified mail, return receipt requested.

II. City Responsibilities:

1. City shall execute the necessary documents for the implementation, design and construction of the Project, in such form as may be mutually agreed upon.

2. Execution of this PSA evidences City approval of the preferred alignment and the proposed, estimated budget.

3. City retains the right to review plans and amendments during preparation of the deliverables under this PSA.

4. City shall coordinate any necessary City-owned utility adjustments for construction of the Project.

5. City shall be responsible for maintaining the roadway after the Project is complete.

III. County Responsibilities:

1. County shall be the Lead Agency for the Project. County will provide project management of the Project from commencement of planning to completion of construction.

2. County shall solicit construction bids for the Project with City funded items as optional bid items.

IV. Funding:

County and City mutually agree to proportionately fund the Direct Project and Program cost as follows:

PSA- City of Dallas for La Prada Dr. MCIP 20210B

I. Notwithstanding any other provision in the Master Agreement, or any amendment thereto, or any other agreement between the parties regarding this Project, the total Project cost is estimated at One Million Nine Hundred Thousand Dollars and no cents ($1,900,000.00). The County's total obligation to this Project is to provide funding in the amount not to exceed Nine Hundred Fifty Thousand Dollars and no cents ($950,000.00) reduced, by County via the in-house delivery costs and expenses set forth in the total Proj ect cost, set forth in Attachment B.

2. Project costs may include all County project delivery costs including but not limited to preliminary scoping and research, preliminary design services, special services, primary design services, inspection, laboratory services and construction.

3. The City agrees to provide funding for the Project in an amount not to cxceed Nine Hundred Fifty Thousand Dollars and no cents ($950,000.00).

4. City agrees to encumber an amount adequate for the total estimated Project costs prior to the commencement of each Project milestone, as determined by County within 30 days of notification by County. The City will pay Project costs as invoiced by the County.

5. If the total Project costs, excluding paving and drainage amemtJes or utility betterments, should exceed the total Project cost, the City and County agree to amend the scope of the Project to remain within the current estimated total Project cost.

Article VII Miscellaneous:

I. No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention of City and County that any entity other than City or County receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual right and responsibilities of the parties hereto.

II. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of County and Governmental Immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be governed by and construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this PSA filed by either City or County shall be in Dallas County, Texas.

III. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or


two (2) business days after being deposited in the United States Mail, postage prepaid, certified, returned receipt requested, or registered addressed as follows:

To County: County of Dallas Alberta L. Blair, P.E. Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas County, Texas 75202-3389

To City of Dallas: Chiamin Korngiebel, P.E. Program Manager Public Works & Transportation 320 E. Jefferson Blvd. Dallas, Texas 75203

Either party may change its address for notice by giving the other party notice thereof.

IV. Assignment. This PSA may not be assigned or transferred by either party without the prior written consent of the other party.

V. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns.

VI. Amendment. This PSA may not be amended except in a written instrument specifically referring to this PSA and signed by the parties hereto.

VII. Number and Gender. Words of any gender used in this PSA shall be held and construed to include any other gender and words in the singnlar shall ine1ude the plural and vice versa, unless the context clearly requires otherwise.

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

IX. Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions of this PSA, which shall remain in full force and effect.

PSA- City of Dallas for La Prada Dr. MeW 20210B

X. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all oral or written previous and contemporary agreements between the parties relating to matters set forth in this PSA.

XI. Contingent. This Agreement is expressly subject to and contingent upon fonnal approval by the Dallas County Commissioners COUli and by resolution of the City Council.

The City of Dallas, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution 13' () I.{! 3 , Dated the &;J. day of Rb~ ,2013.

The County of Dallas, State of Texas, has executed this agreementdlursuant to Commissioners Court Order Number 2013-1364 and passed on the 2 th day of

AugJst , 2013.

County of Dallas

II ._ ~'----------~~Lf~~~-----------(,\;.Iay Lewis s, County Judge

August 2 , 2013

Date

Approved as to Form*: Craig Watkins District Attorney

Teres 'liierra Snelson

Chief, Ivil Di;iS~( By: (/\.;~ LA.tM~ Shem. Turner Assistant District Attorney

City of Dallas A.C. Gonzalez Interim City Manager

Approved As To Form: Thomas P. Perkins, Jr., City Attorney

By: ----~----~--------------

Assistant City Attorney K-<-

*8y law, the DistrictAtlorney'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. OUf review of this document was conducted solely from the lega! 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).

PSA~ City of Dallas for La Prada Dr, MCIP 20210B

ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing

Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS

Project Name: LA PRADA (MILLMAR TO MOTLEY) MCIP Project: 20210B

LEAD AGENCY: LEAD AGENCY'S PROJECT MANAGER: CONTACT INFORMATION: PROJECT LIMITS: PROJECT LENGTH:

Dallas County Public Works Tony Irvin, P.E. (214) 653- 6457 Millmar to Motley 0.25 miles

PAVEMENT AND ALIGNMENT TOPICS

PAVEMENT SECTION

PAVING DESIGN CRITERIA City of Dallas Standards

ROW WIDTH:

Existing:

Proposed:

PAVEMENT WIDTH:

Existing:

Proposed:

No. oflanes proposed:

PAVEMENT CROSSFALL:

PROPOSED ;4" per ft

MINIMUM ;4" per ft

MAXIMUM y," per ft

pg 1 of9


Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS


MEDIANS

MEDIAN WIDTH Varies (15 to 25 ft)

ANY MID BLOCK OPENINGS TO CONSIDER? 0 YES [g] NO

ANY SIDE STREETS TOO CLOSE FOR OPENING? [g] YES 0 NO

STANDARD TURN LANE WIDTH

STANDARD NOSE WIDTH

PARKWAY:

Proposed Width Varies (6 to 9.5 ft)

Proposed Sidewalk Width

Parkway cross fall slope maximum

GRADE REQUIREMENTS:

Is TC 6" below adjacent ground criteria to be followed? [g] YES D NO

Any deep cuts, high fills? 0 YES [g] NO

VERTICAL GRADE:

MINIMUM

MAXIMUM

CENTERLINE ALIGNMENT POSITION:

IN CENTER OF EXISTING ROW? [g] YES 0 NO

OFFSET FROM CENTER? 0 YES [g] NO If yes, what distance?

pg 2 of9


Transportation Major Capital Improvement Projects

PROJECT SCOPING SHEETS

Project Name: LA PRADA (MILLMAR TO MOTLEY) MOP Project: 20210B

ON BRAND NEW ALIGNMENT? DYES [gJ NO

LEFT TURN LANES: [gJ YES 0 NO

If yes, are left tum lanes designated or continuous? [gJ DESIGNATED 0 CONTINUOUS

MINIMUM LENGTH:

MINIMUM STORAGE:

WIDTH:

ANY DUAL LEFT TUR.'J LANES?

ANY FREE RIGHT TURN LANES?

DYES [gJ NO

DYES [gJ NO

CRASH CUSHIONSI A TTENTUATORS INVOLVED? 0 YES [gJ NO

RAILROAD CROSSINGS INVOLVED? DYES [gJ NO

NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? DYES 0 NO [gJ N/A

PAVEMENT STRUCTURE

DESIGN WHEEL LOAD 18 kip ESALs

BUS AND HEAVY TRUCK TRAFFIC? DYES [gJ NO

ROADWAY CLASSIFICATION Minor Arterial (M-4-D(A))

MINIMUM PAVEMENT STRUCTURE THICKNESS:

MINIMUM PAVEMENT BASE OR SUB GRADE THICKNESS:

DESIGN SPEED

pg 3 of9





POSTED SPEED

DRIVEWAYS MAXIMIMUM RESIDENTIAL GRADE (%)

MAXIMIMUM COMMERCIAL GRADE (%) N/A

MINIMUM COMMERCIAL DRIVEWAY WIDTH

SIDE STREET CONSIDERATIONS:

TURNING RADIUS, MINIMUM

PAVEMENT THICKNESS

COMMERCIAL DRIVEWAY THICKNESS

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA: o TxDOT ~ CITY HYDRO-35 D TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS)

MINIMUM COVER FOR LATERALS 1 ft

BRIDGES/BOX CUL VERTS INVOLVED? 0 YES ~ NO If yes, specify involvement: 0 BRIDGE(S) 0 BOX CULVERT(S)

100 YEAR FLOOD PLAIN CONSIDERATION? ~ NO

If yes, how many feet of freeboard are required?

ADDITIONAL DRAINAGE INFORMATION:

pg 4 of9




Project Name: LA PRADA (MILLMAR TO MOTLEY) MCIP Project: 2021GB

In a meeting on 9/12/12, City & County discussed the following: No documented flooding in/around project site in its current condition, despite limited number of existing storm inlets on LaPrada and residential streets in the project drainage area. County designed storm sewer system using current City design criteria. Total design Q is 118 cfs. City agreed to construct a new storm drain system as recommended by the County.

c ..................................... .

PERMITS

COE 404 PERMITS NEEDED DYES [S] NO

TCEQ PER.c"v1IT [S] YES D NO

CDC PERMIT DYES [S] NO

EIS DYES [S] NO

ADA PERMIT [S] YES D NO

ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TxDOT, DFW AIRPORT, DART, ETC.? DYES [S] NO

document below:

UTILITIES

LIST OF ALL KNOWN UTILITIES:

Facilities owned by Oncor, Atmos, DWU and AT&T. DWU will replace 8" water line, 8" wastewater and 10" wastewater lines within the limits of the road improvements.

DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve .Stal.10nS) FOR OUR UTILITY PARTNERS:

pg 5 of 9





ARE UTILITIES ON EXISTING STREET R.O.W.? t8J YES D NO

DO UTILITIES OWN THEIR R.O.w. OR HAVE PREVIOUS EASEMENTS? DYES t8J NO

describe below:

HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? t8J YES D NO

ANY UNUSUAL CONSIDERATIONS? DYES t8J NO document below:

R-O-W ACQUISITION

RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: . t8JYES NO

Relocation of 4 power poles to accommodate proposed curb ramps.

ANY NON-ROUTINE, i.e., CEMETARY, JlJNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? DYES t8J NO

nlp"<p define below:

ANY NON-CONFORMING ISSUES?

R.O.W. MAP NEEDED?

DYES

DYES

pg 6 of9

t8J NO

t8J NO

ATTACHMENT A Project Supplemeutal Agreement to Master Agreement Governing




FIELD NOTES NEEDED? DYES [gJ NO

R.O.W. PLATS NEEDED? DYES [gJ NO

RELOCATION ASSISTANCE INVOLVED? DYES

PARKING/LOSS OF PARKING CONSIDERATIONS? DYES

HISTORICAL SITE CONSIDERATION? DYES

t8l NO

t8l NO

t8l NO

USUAL CITY TOPICS OF CONCERN

DESIGN STANDARDS TO BE USED? City of Dallas, TxDOT

ORDER OF PRECEDENCE OF STANDARDS (1) City of Dallas, (2) TxDOT

AUXILIARY LANES? DYES [gJ

PROVISIONS FOR FUTURE WIDENING? DYES [gJ

LANDSCAPING? DYES [gJ

EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS? DYES [gJ

STAMPED/COLORED CONCRETE? DYES [gJ

IRRIGATION? DYES [gJ

BRICK PAVERS? DYES [gJ define

NO

NO

NO

NO

NO

NO

NO

STREET LIGHTING? [gJ YES D NO Ilnclude conduit and foundations

TRAFFIC SIGNALS? YES [gJ NO

pg 7 of9





PAVEMENT MARKINGS? ~ YES 0 NO

BIKE LANES (EXTRA WIDTH)? DYES ~ NO If yes, specify width:

NEW SIDEWALKS? ~ YES 0 NO

BUS TURNOUTS? DYES ~ NO

BUS STOPS OR BUS SHELTERS? DYES ~ NO

WATER UTILITY BETTERMENTS? ~ YES 0 NO

WATER UTILITY RELOC.? DYES ~ NO

SAN. SEWER BETTERMENTS? ~ YES 0 NO

SAN. SEWER RELOC.? DYES ~ NO

RETAINING WALLS? DYES [gJ NO

SOD, SEEDING, TOPSOIL?

~ SOD o SEEDING [gJ TOPSOIL o OTHER:

DRAINAGE IMPROVEMENTS? ~ YES 0 NO

RR CROSSING IMPROVEMENTS? DYES 0 NO ~ NIA

GRADE SEPARATIONS? DYES ~ NO

RAMPS OR CONNECTORS TO TxDOT FACILITIES? 0 YES ~ NO below:

pg 8 of9





SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS

ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? [gJ YES NO If yes, please list the ,n""i"l ;~ ion(s) below:

Kiest Elementary, Motley Elementary

PUBLIC INVOLVEMENT

CITY COUNCIL APPROVAL OF ALIGNMENT REQUIRED? 0 YES

NEIGHBORHOOD MEETING, REQUIRED? DYES

HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? DYES [gJ NO 0 N/A

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? o CITY 0 COUNTY [gJ N/A

DOCUMENT POTENTIAL SITES FOR PUBLIC AND/OR

CONSTRUCTIBILITY REPORT

[gJ NO

[gJ NO

MEETINGS:

FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT?

pg 9 of9

ATTACHMENT "B" CURRENT COST ESTIMATES & FUNDING SOURCES

Dallas County In-House Project Delivery Costs (includes but not limited to design cost, construction management) construction $500,000

and eet ROW /

SUE $10,000

Materials Testing $25,000

Paving and Drainage Construction $1,365,000

TOTAL (ESTIMATED) PROJECT COST* $1,900,000

Dallas County Not-to-Exceed Financial $950,000

City of Dallas Not-to-Exceed Financial Responsibility $950,000

TOTAL A V AILABLE FUNDING $1,900,000

*Project cost does not include items funded wholly by the City of Dallas such as DWU items.

ATTACHMENT "C" PROPOSED PROJECT SCHEDULE

La Prada Dr.-From Milimar To Motley MCIP Project No. 20210B

Complete Preliminary Design (0-60%)

Release Plans for Utility Clearance

Utility Relocations

Final Design (60-100%)

Bidding/Advertising

Begin Construction

Revised - December 2012

August 2012

October 2012

October 2012 - January 2013

September 2012 - February 2013

February 2013 - March 2013

May 2013