ORDER NO.: DATE: November 15, 2011 STATE OF TEXAS … · 11/15/2011 · 2011 197~, ORDER NO.: _____ _ DATE: November 15, 2011 STATE OF TEXAS COUNTY OF DALLAS § § § COURT ORDER

2011 197~, ORDER NO.: ________ _

DATE: November 15, 2011

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

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

on November 15, 2011, on motion made by John Wiley Price, Corrrrn. of District 113 ,and

seconded by Dr. Elba Garcia, Corrrrn. of District 114 ,the following Order was adopted:

WHEREAS, Nancy Woertendyke has filed suit against Dallas County;

WHEREAS, in Cause No. 09-16445-B, the 101" ludicial District Court of Dallas County, Texas, ordered the parties to engage in mediation and directed each party to pay 'its mediation fees, which was presented to and discussed by Commissioners Court in closed session on October 25, 2011, as pennitted by Texas Government Code §551.071(l )(b);

WHEREAS, the Commissioners Court has determined good and valid reasons exist to pay its mediation fees, as ordered by the 101;t ludicial District Courts; 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IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that Court Order 2011-1886, dated November 1,2011 is hereby rescinded and that the Dallas County Treasurer is directed to issue a check in the amount of $675.00, made payable to Gilbert Mediation Group.

DONE IN OPEN COURT this the ~2.t:1L day of Nove

liL, ( Clay Lewis l'en=.k+n-+s,¥c~"--~-

~ _ .. --"---Mike Cantrell, Comm. Dis!. #2

Gordon Hikel Chief, Civil Division Dallas Co. District Attorney's Office

! 1/

Dr. Elba Garcia, Comm. Dist. #4

,

ORDER NO: ____ _ 2011 1973 COURT ORDER

! DATE: November 15, 2011

STATE OF TEXAS

COUNTY OF DALLAS

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

____ -=1::...5t:::l::...l ________ day of ___ ---=N:.:.:o:..:v..::em::.:b::.e:::;r=--__________ , 2011, on

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

_D_r_o_E_1_b_a_G_a_r_c_ia-",--C_o_nIDU_' s_s_i_o_ne_r_o_f_D_i_st_r_i_c_t_N_o_" _4 ____ , the following Court Order was adopted:

WHEREAS, Commissioners Court was briefed on November 15, 2011 concerning the numerous facility changes necessary to fully implement the approved redistricting maps; and

WHEREAS, Road & Bridge Districts 1 (Rowlett Road) and 2 (Joe Field Road) will no longer utilize the satellite offices for district operetions; and

WHEREAS, Constable Precinct 3 and Justices of the Peace 3-1, 3-3, 51, and 5-2 will all be relocated to better serve the precincts; and

WHEREAS, a lease has been negotiated to provide 2,515 square feet of space from Commissioner District 2 at 1701 N. Collins Drive, Richardson, Texas to be centrally located within the district; and

WHEREAS, these actions comply with Strategic Plan Objective 5.3 to improve services, programs and the appearance of Dallas County facilities

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the various office moves as described with funding in the amount of $300,000 available from building project balances in the Fund 196 Major Capital Development Fund

IT IS THEREFORE FURTHER ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the lease of 2,515 square feet located at 1701 N. Collins Road, Richardson, Texas and authorizes the County Judge to execute the ensuing lease on behalf of Dallas County.

DON~ I; frE~Qt'r th, is the 15th day of November~ I I I //" _,/-- }/l J) - 710 /~~~~

Clay e i :lnkins, County Judge Maurine Dickey, District #1 Mike Cantrell, District #2

U:J ~rV/4~ istnct #3 Dr. Elba Garcia, District #4

Recommended b~~ Shannon S. Bown, Assistant Administrator

COURT ORDER

20111974 ORDER NO: _____ _


STATE OF TEXAS

COUNTY OF DALLAS


______ ~15~t=J~1 ___________ dayof __________ ~N~ov~e~m~b~e~r ___________________ ,2011, on

a motion made by John Wiley Price, Commissioner of Di\3trict Noo 3 , and seconded by

_D_r_o __ E_l_b_a_G_a_r_c_i_a_, _C_O_lllIlU __ ' _SS_l_' o_n_e_r __ of __ D_i_s_t_r_ic_t __ N_o_" _4 _______ , the following Court Order was adopted:

WHEREAS, Commissioners Court was briefed on November 8, 2011 concerning a request by Electric Sky Productions through the Sheriff's Office to film a documentary production in the Dallas County Jails; and

WHEREAS, Electric Sky Productions and Dallas County have agreed to the fee, insurance, and security deposit provisions outlined in the attached location agreement; and

WHEREAS, the Sheriffs Office is willing to provide access to all jail facilities; and

WHEREAS, this action supports Strategy 5.1 of Dallas County's strategic plan by promoting economic development

IT IS THEREFORE ORDERED, ADJUDGED, AND DEC·REED that the Dallas County Commissioners Court does hereby authorize Electric Sky Productions to film in County buildings per the terms and conditions in the attached location agreement and authorizes the County Judge to execute all related documents on behalf of Dallas County.

P 0 15th d f November 20 DONE IN 0 EN CURT this the _____ ay 0 ______________ , 11.

Jd .. ~ Recommended by:~{{;tv1C (/0 ~

Shannon S. Brown, Assistant Administrator

LOCA 1'ION AGREEMF/NT

The undersigned grant..;,; to ("Producer") its sllccessors emu assigns, the right and Ik:c:rk'le to enter upon, to make photographs (stills, tillY!. t.apc or othe.rwise) and use, for so~caHed "\'locution~' purposes DI1!.t;tr; (i'.J{IrL!,~herdJ1aftcr referred to as "the, Property") on ._,,_ ' .,,,, ___ (-inGhlding but JlOt hmited to reshootil1g) in consideratio1l of the· sum of $1 ,OOO,{)O fH...-"f shoot dl1Y and no charge for wrap dil)"S, a $25.000 (twenty~five thous,and dollar) security deposit, payable, to Dallas County before shooting occurs (provided t.hat the Property is actually utilized), (l11d pl'ovi$ion of the insurance· requirements as pre-wIlted in Exhibit A attached hereto.

Pruducer's usc of the Property sht'lll include pennisston to use the, Property vl'!lh ,any and all persol1nel, equi.pme.nt amhnaterials (lDcluding_, withoull1mitatl0TI! props t1nd temporary sets) fOf,the pllrpnseE of photographing scenes amI tnaking're:curdi figs" :by ,any and ali meanS"nnw known or 11e.re:afier dcvised1 in the i:nt. er.'ior,'~nd. extednr. 'of the rro)erty [(.)f'uSe in cnnnel.."ti'O.n With,., 01' as"p.aTtoft tnut'Certain te.'levhion 'fU'ogr,am entitled~l?Cfi0¥/ ("JrrjJ:_ and all other pro-dlfclions+ including. without Iimnatloil, ~lmaking~or' and '~behind~1;he~$Ccne5" producttons (1.~Uectively, the "PnJgl'.am'1), lfsuch'photogmphy is prevented or hampel'ed by weather or occurrences beyond,Producer curluol, it wfll be postponed to or-colnl)leted at a mut.m:Hly agreeablo time without f1:u1:her cOl1ip'eriSation.

The lighlli granted to Producer herein include the rights to photograph, rec{}fd~ and use in uny manne!' whntsocver any names and trademarks connected with the PrOrlel'ty. and, any signs, decorations, -tlxtu'rcs and fbrnishlngs located Lhereon, and any logos and vcr-hi,age ,,~ol1tuined o-n such signs., decorations:, fixtures and furnishings, in connection witht or as pill"t of. the Program, t11e right to refer to the Property. or any part there-of: by any real or fictitious name, the- right ro attribute any real or fictitioun events as having occurred on the: Property) tH1,d the right to recon::;truct the Propc'JiY or Hny part ,thereof as u set, The rights granted, to Producer further include the exclttsivlj right to U&c, and 'to lice,nsf;! others to use. all oflhe pill)tograr)\1s and recordings made hereunder in the Program, in the advertising, promotion and pt1blkit;rtheretbre, and to commercial tie~ins nnd uny merchandis.ing or othe.r cOn1rtlcrcial exploItation ofthe ftrognHl1, itl 'any and all !angUtigcs, formats ulid media, now known 01' hercni'lerUeviseci, thr-Oltghout the nniverse, in perpeluity~ without HmirnHon 01' 1"(,~1:ri{,,'1-i(}n of [my kind, and without 'f\-lrtheq}aymel1t of nny kind. Producer shall be the sole,. e-;.x-clusive,and perpetual owner of all righT, tide and ititerest in the Prognun, Hnd any photographs and recordings'made hereunder in connection with the Program pun.H.l1ll1t to copyright and otherwise. v.rithoul limitation (including all re.newals and extensions of copyright therein).

T'he um,lersigried shaH be limitcd to an action' fDr rn.oney damages- for any breach of this Agreement by Producer and the ul1dersib'fllOO shali not be entitled to equitable. or lnjum:tive l"cliefHnd in no 'eVent shall th¢ untle.rslg-ned be pen-nitte(] to prevent or inhibit the broadcast, exhibition, distrihution 'or other (""Xp16itilt-infl oC any of Producer teievis10n photoplays, including: but not 'limited t()'~my episode dfthe' televisiun Hl0ticm p:l00.ln~. entiUed :.t:;&t.,7.~k,:lI.). __ .

The undersignekhcrcby repreSL'TUS al1d warrant}) thatthe undersigned i,s the owner 01' lessee of stiirl Property andlms the'iegal rightnlld authority tn 1:,"';f':ant the HCel1Se 'herein contained.

Prd:ducel' agrees to hold the' undersigned harOlleFi'S frorn lltid against-any and all costs, tees, expen::."es -and damages {except 11-A may rehlt.c tcrncgHg.ellce of the ul1dexsigned.) 'Which l11ay arise itl connr:ction with Producer's use ofthl;: Property as descrihed h<""'fein. Pl'()ciueer shallleav(.: t.be Property in the'same condition as it was prior to Producer's u~'C hereunder, reasOl~tlble wear and teaT, force, majeure and the, U1~e permitted hereunder c.xct..'p:led.

The undersigned hereby-relenses Pl'oduce.r and its lket15ees, successOrs. as;<;ibrn;,:, .111 netwOTK.::.', station,;;, sponsors, and udverth,ing age,ncies fhJtn any and BH claims j dt."mands, or ()aUti~S {)f tlction which the ufldersignea. its heirst sm:;:Ce$SOT!' or assigns may now h~ve:or hereafter ,acquire by I'cason of Prodllcer p-h0'tographingand using the photographs takcn-oftbe PmpeTty. including but not. limite-d to'aH:building5

Location -Agreetrlent - Page 1 of 5

(exleriOT and interior). equfpment, -facilities ana- signs thercOTt The undersigne-d understands this ducument and-fredy-agl'1?Cs tliereto,

IN WITNESS-WHEREOf, the undersigned has executed this agreement as of the date written bel{)\v.

Date:

Judge

City, State, and Zip Code

Federal LD. Nut:nber

ucder

BY: ___ cb>q:;.,c~.A.<~J""'--"":-_

Till,e ,e'¥rt:;""I.l'1'W"f! ·f~vc:.'6ll 4Laf~OIr/, '~.iii;. ac~ ·IiI''"

8treot·Addre.,,'· 7 _ .. ,.

JS.I:./(;1/'fliW 1S'{1P. 5i9'~,Sls:rf!iliUr.;~/Ji.:J( ". ~,"-4 .-. .r "

City, SUM and Zip Code

-----fitl/,,'-:--:-__ Federal-LD. 'Nlll1'lbet

Location Agreement - Page 2. of 5

Exhibit A Dallas County Insurance Requirements

J NSURANCE;

Within ten (10) tby:> after 'the 'effective date· of this A . .greemcnl ProduceI' sh,1l1' hrmish, a\ ,it::"~01e cos! 8.nd expense, the folluwing minimum insurance covemge. Stich in3urance is a condition pr~cede-nt to commencement ofnny services. Producer shall. 10 thc'sw,tt;d ten·(lO) d<l)' period, fumish 10 the Dallil::; 'County Purchasing Agem verification of the insurance coverage 'in the'type and amount required herein, meeting all conditions in this Agreement. by an 'i,nsuruHCc company acceptable Lo County and authorizcJ to do business in the State or Texas. Such In::;:uran,c~:-$hall :sho,,\' the Counts a~, t.he certificate holder. (general liahWty insurance). Covcragt.' dates shall be iilclusive of lhe term uf the Agreement',atld each renewal period, irony.

1 , The foJlc)'wing mlnhnum insurance coverage h; required:

(a) Cornm~t'cjaljJ'cn(,!!"al Lillbilq:.y imHlranCc" Sud) insurance shaD carry limits o:fOne 'rvfillion,DoHars atld No Cents ($}.000,000J1O) for bodily jnjury <Juri property damage pel' occ-unetv.::e with E

ge,neral :l:I.~.!J~.tt!'gak ,of Two ]vli1litHl DoHlif.<; l"\nd No' Cent:,: {S2,OOO.OOO.OO), Thl:re S1:WJhl0t: \11:'HilIiY

J)oiicy ~xdusion '01" limitations for- personal injury. -advertising liabilitY"wedical payments, fire damugc, legal UahHity, broad,fOrm'property damage) ~andfor liahility fur ,independent:Producers-ol such ndditiona! coverage'or increase in limit!> specifically contained ",,{!thin the bid spcdfications.

This insurance must he -endctrsed v,iith tl"Waiver of Subro)-..,ration El1dors.:em~rtl, vhiiving'the carrhtr)J'; tight of rC-CDvr.;ry uI:lder suhrogtniori 'ol';Otherwise from ,:County,

(11) .lyorI~cr'j COlllnenS?lt~ID (ir~t-reff jnsul"ed empioyc-e:coveruge,me,eHl1!;l, -iht.: ,acceptable' reqllircmcnb as estahlished byth<,'i 'j'exu:s Warkers:Compen.;al1on Act, -Title 5'f,Suhtitlc A, Texas LahOl' Coae,

{c) l:;x~ss;UIT)prt;;Jlfl LIability. Such in:5Uf:'lllCe shall, carry ,iimilS'ofTwQ MUliol1 Dollars'and,No Cents (S2.000.000.0U) per OC',C\irfenCe viTtil:U :general tlggregute 'of Two 'Milli(}n' Dollurs and No Cents (S2,OOO,OOQ,()O),

Cd) Tb,ird ,Party PropertYJA:U1J~ S1.lch 'Immrarwi':: stmH,carry'!imit-H of Two Million l;)().ftnrS,l.'lnd ND (?ont' (S2, 000, 0l)0 .(0),

2" Prtiuuo:ef agr'ee,s thal; 'with respect tu ,the 'llbov!"";-Tefel'onc:uu ,1rtsllr2-nce. a1'l im:.urance ,coritr,uctS will coni'aiiti thk"fdHowirLg'Teql,.1iroo provisions;

(a} Name LlaHas COllnty, its elected officia.ls, --appointed' :dftltd'als, ()fJi2e'r1>', directQr,s,1 employees, ag.ents, representative'S, and vohmte-e-r:s ,as addiiiona:l lnSlwects (as the interest of'each insured may appC'vx) as to all applit.'tlhle coverage.

(b) Provide for thirty (30) dllYs prior written ,notice to the ,County -for cSlll-0'llation, nnn.(r6newa! or material change. or ten ('I 0) days for uon~'Payment of premium.

(c.) Prnv,ith: that the inclusion of one or more persons, corp-orations, organizations. firm;:; 'Dr enti'iies a!-; insur.;:ds under this :policy shaH 'not in uJ1:)c' way affect ,the ,righl of 'any such persdtl,- ,corporation, organization.- firm 'oj' 'entity with 'l"espcCt':to'any chrim, dermifn:!, stilt of judgment fnad~.-brought Dr recovered in favor of IDly o1her, -insufl;!;d.

same as fho\.!gll a separate poi icy had been' issued to tiacb, ,provlded, dun its 'endorsement' shail not operate oro inc,rC:ase the Insurance contr~tny's limit.<; of liability as ~-ct fbrth elsewhere in tiltqmlicy.

(e) Provide fDr an endorsement that the other insuronce claus.: shall not apply to the, County \vnere the County is, an additional insured on tbe pol-icy.

(D PHivioe for nolite 16 the County at 1,h1: addreSF; J\-hown -below hy registered, mai1.

(g) Each applicnbie imiicy of insurance shall contain tl waiver of suhrogation if required ahove under subsection 1. and Producer agrees to waive subrogation against County, i1-: elected otTlcia!s, appointed offidals, ofijeers. directors, employees, agents, n:prc;.;cmativcs, Jmd volunteers for injuries. including death. property ,damage. or any 'other loss.

3, Pnsduccr -shaH be solely rt£~po.nsibJe for aU x~osr of any tnBllr:mC(' as ,'required -11ere. any ,and an deiductlhte nmount~ which in'no event. sha1i exceed tcn'percent'(IO'~';)) of the tlmotlnt insured coveJiage Hrlljts and ill' the eveilt t11..'it an insurance company should, deny 0ovt:ragc.

4, it is the inteni oftnese 'requireme:nls ana provfsiotl'rthat insttrance c,Q'vers all C,Qst au-d expense so tImt the Coul1tywlH'llot sustain any expense, cost liability or-tlnanciaJ risk ,as a result of the performance of ser\'icc~ under this Agreement

5. 'Exct:pt as othenvise e:xpressly speci'fied~ Producer :shaH agree .that- all pol1cies 'of insuranct: shal! be endorsed, waiving the 'Jssuing ,insurance conipriny's, right Dfr6covery agalnst Cminty, whether by \lilly

of subrogation or otherwise.

''1n.SI.m1n9g __ ~~m.fi~aJg:8" 'The ccrdficatcs of instp:'tlncc:,shaf!)isl Oallas- COlli11Y l1S ,the cCflific3rc h6Ider, Any and all copies of CerlHicale.-,>"ofInsurancc shalLrefer-cnce ti1isl.{)cation' Usc Agreement fm ,which the llisunmce is being supplied. All insur.ance policies Of duly ~xc-cu'tcd ccrtificak':'L for the same re,quired to'be' carried by Producer under this Agreem-ent,'toge,ther with' satisfactory t;;'vidCll'Cc ,of lhe payment' of the pretnitlm thel'eof~ shaH be delivered '10 ,,-!he- 'Dallas County 'Facilitie::. -Mam.tge-n.l,ent DepartmenUO'Cated at 500 Commerce,'Street, yth PloDT. Dalk\s, Texas'7'5202 at le.as1 thrc:c'"duys prior to the Stl\l1: 'Of-any 'sho()ting authorized' by this, 'j"Qcation Use Agreement. 'fi~1il1.!re to provide'tile coverage specified ',(mder this 'Agreement" or 'to -nmel,Y deliver the ,i-nsurance"cen:iflcat~s requi'red ht':rein, :shaH consLitutc,ll dcfaUll {jf this Agn .. 'C.tl1crit 1>ubjUCLto"immcciiaictcnnination ,at C(lunty'~ 'Sfilt..~ di~CfC1i()n"

7. Alf insuftmce coverage'shuH be on a per,claim/occurrence basis Uilkss'spe6JficnlJy approvc'(firl writing and executed by the Dallas County Purchasing Agent and Risk Manager.

All lnl)urance required to be carried hy:Vroc!ucer under this Agreemen1 's-hal! ,be,;t'Cceprab!e to County in form and content, in its sole discn..1:ion. All policies shaH be issued hy an insurance c()mpanY'i:l-cceptahk and ','sutisfuttory to' Cuunly arid ,authorized to' do 'bu!)ine;':ls iwthl;: 'State Df'Texl;ts. Atccpb'J.ncc 'of ,or ihc verification of-insurance 'shull, not relieve or decrease the liabHdty-uf the Producer. Nur shaH :the,'fu:iiure to ,provide ,requited l:i1sunmce coverag.e: decrease' the ,liability 'ofthe:Proclucer' for 'llJ1Y cla'irns,'or ~cti6-n;, arising ,from the 'use 'permitted under thi s Agreement

9. Appro-val, disapprova.'1 or fai"lurc to ac-t by the County -regarding any insurance supplieri' h~" Pmducer shall nut' rclh~vl! Producer of full re:-;po-nsihility 'Or thihiHly Jor damagos amLacd<lcnts ,as set forth hen:irL Ncith(,!f shaJj :hankruptcy, insoivehcy -Or denial ofTitlhiHtybY:at)y 'i'nsurancc,company (.;xnncrat\: the Producer Tl'01U:JiiibiHty,

A. Minimum insurance is,a condiiion precedent 10 any work perfo'nned limIer this Agreement anti Tor the entire term Df thi~ Agreemcm~ including any renc'\vals or extensions. ern arldiii01110 ;my and 'nll

other remedies County may hav'!: upon Producl.:r·s railure to provide and maint<-1in any insurance,or policy cndor:,:erhcnts to the, extent and \vithitl the time he,!'!::in -required, ,or':,uch.jnsun-mc(.; ,!apscsj,:is

re,duced helo-w 111inimum requirement~>or)!) prcmafurciy tCNlliUal!Od fOLU!ly.,reascm,'Ct)unty shall have the right rel'1'ninate thi~ Agr.eement.

1 L Producer shall ,advise C-ounty in mitlTlg within twe-rity~four (24) honrs'aI,any claim or -dcru,,"trtd against Counly or 'producer known to Producer related'to or arising ont of FirodtlCel"s activilies 'under 'tl-li'S f\.greeme,l:'ji.

12. Acceptance Cifservice~:' by County shall notconslitute uor b~ deemed a release of the responsibility,an:\! tiahi lity of Producer. its cmplqyc~s~ US'SOChfte5, agel1b 01' 'Produce-rs for the, uccwacy and -con1petenC)' of theil' 'sel'vices; nor slmII suell acceptance' be dee,nJ:ed an' ;:\Ssumption of responsibility or Ji<lhility by County fur allY :defect in the 'services-pe-rform'ed by Producer, its el'nr!:oye-e,s~ 'Producers, and ,ag:ents.

13. Nothing herein contained shall be construed 'a;:; limiting in,any way the ~xtcnt to which Producer ff-lllY

be held responsible- for payments of d.amages to persons 01' propert)' n.:sultirlt! fhnu PnJducer'~ O,r.1ts

Prodm>er's perform:mce ()-fthc work covered under lhis Agreement..

14. Producer shall provide that all provisions of this Agreement concerning !lah!! it)'. duty and f->'Umdard of care, together with the indemnification ,provisions, :c;hal1 he underwritten by "contractuu! liability covcrag~ sufficient to indude. oblig:ltion -within applicahle polidc,;.

1'5, It is !.igreei:1that"(~o1.m1y shai1 dbcm. Pr.il,ducer"s-'ins-urm1Ce-prImarywith respcct---tQ l1uy'--lnsurnnce '-01' self insurance carried for Ilahility arising 'Out of opi::w<1tioilsuhder this Agreement.

1 '6. Producer shilll notify Cou-ntJr' tll'the event of any change,'lll'GO'vfJ'age and' s'iuUl give such -noiices,hot'less than thirty (30) .-days prior to the change" which naUce must be ,ucrompanie:d ,by :a r.ep'lac¢lYltm

cerli:fi!.-itlc of insurance,

T7, The provisions of this Section an:::"solely for fhe,:bcncfit ot the pJ:l1ie-,s' hereto ,and 'Ilotintchded:,to creale or gran1 al1Y right'>, contractuaJ,or -dtilen'fise."to ',allY Qther p-er<).orr or entity.

18. The provision;,: "of 'Ulis 'Se'ction, shllJ(:s.urv'ive; termination .Of" cxrjii"utiO!l of this l\:gre:ement or any determination :that'-this' J\greeme:i'lt or rmy:'pol'ti-cm'hercof is v[)i-dt"vuiciabtc'; hwilHd 'or- \1:il'ci1:1:'on;,eable_

COURT ORDER

2011 1975 ORDERNO: ____ _


STATE OF TEXAS

COUNTY OF DALLAS


_________ 1_5_th __________________ dayof _________ No_v_e_m_b_e_r ______________________ ,20ll,on

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

_Dr __ . __ E_l_b_a __ Ga_c_l_' a..c,,--C-,o-,mm=iccsccsl::.' o::.:n"'e::.::r=-::0c.::f=D::.is::.t:::r:.:i:.:c:.:t:...,:.N"'oc:,.-'.4 _______ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed on November 8, 2011 regarding the addition of a Business Analyst whom will report to the Criminal Justice Department and a Project Manager whom will report to the Office of Information Technology to work on the Adult Criminal Case Management System (ACMS); and

WHEREAS, the additional funding, approximately $194,871, required for these two positions is available in the Major Technology Fund; and

WHEREAS, the positions are created for the sole purpose of working on the ACMS project and, as such, the County will discontinue funding for these positions when the ACMS project is completed,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County Commissioners Court hereby authorizes the creation of a Business Analyst whom will report to the Criminal Justice Department and a Project Manager whom will report to the Office of Information Technology to focus on the ACMS project until said project has been completed at which point funding for the positions will be discontinued and further directs the Human Resources / Civil Service Department to review the additional positions for proper classification,

____ 15_t_h ____ dayof __ ~~---em-b-e-r--------~~--

,~ Mike Cantrell, D' trict #2

rice, District #3 ~~~~~~~~~~

Dr. Elba Garcia, District #4

Recommended by; h'l- ~rou...)"" Ryan Brown, Budget Officer

COURT ORDER

2011 1976 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 15th day of November ,2011, on motion made by

~J~o~hn~~W=i=1=ey~P~r~i~c=e~,-=Co~rnffil~~'s~s~i~o~n=e=r_o~f~D~i~s~t~r~i~c~t_N~o~.~3~ ___________________ ,andsecondedby

__ D_r_. __ E_l_b_a_G_a_r_c_i_a-,, __ C-,-ornffil.:...:..:.:..· s:...s:.ci.:.:0c:.n:.::e:::.r-=.o=..f.:..D..cl::.c· s:c:t:.:r:.:i:.:c:.::t:...'-.No::.::.... _4'--_______ , the following Order was adopted:

WHEREAS, on November 8,2011, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation concerning the Domestic Relations Office (DRO) reorganization request to improve the efficiency, quality and functionality of the Child Support Division; and

WHEREAS, this reorganization results in: a) deletion of one Grade E, Assistant Manager II position and one Grade 10, Interviewer/Collector position; b) creation of two new positions with a proposed Grade C and Grade 8 position classifications; and

WHEREAS, the proposed reorganization of the DRO Child Support Division will result in an annual net savings of $9,712; and

WHEREAS, this recommendation is consistent with the Dallas County Strategic Plan Vision 1:3 Dallas County provides sound, financially responsible, and accountable governance.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court authorizes the Domestic Relations Office (DRO) Child Support Division reorganization and the Human Resources/Civil Service classification review of the two positions.

- '.

DONE IN 0 EN O~R~ this the ___ 15.,-t_h ___ day of N,0V1!ffiber 2011

---+-,.(-;,1 ~}-IF) ~f+'-:/ 1,...",;(,-,-;_1,__ q ~~j: , ,. ae CIa

(~L.(jd.I.~~' GA1 <1/£; Dr. Elba Garcia, District #4

Recommended by: __ +-+"-____ -'-'""-""'c--'--c-:-:--?

COURT ORDER

2011 1977 ORDER NO:


STATE OF TEXAS '

COUNTY OF DACLAS '

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 15th

day of November , 2011, on motion made by John Wiley Price, District 113 , and seconded by

Dr. Elba Garcia, District 114 ,the following Order was adopted:

WHEREAS, Commissioners Court was briefed on November 8, 2011, regarding the continuation of the DART Annual Pass Program for calendar year 2012 (pending later submission of actual contract) which will require Dallas County to pay a projected upfront cost of approximately $255,000 (based on the 522 employees currently utilizing the program) and authorize County Judge Clay Lewis Jenkins to sign the forthcoming contract with DART on behalf of Dallas County; and

WHEREAS, This program will continue to be fully reimbursed by employees through payroll deduction and provide a huge savings (up to 40%) to full-time employees (excluding Law Enforcement who ride for free) in downtown area locations; and

WHEREAS, Employees must sign an agreement confirming intent to purchase passes before they are issued and before initiation of the actual contract, thus ensuring Dallas County incurs no costs and that there are no non-issued passes; terminating employees will be required to pay any balance due for the cost oftheir pass when separating fi'om Dallas Couuty; and

WHEREAS, Approval of this program supports Strategic Vision 1.3: Dallas County provides sound, financially responsible, and accountable governance.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED thatthe Dallas County Commissioners Court hereby approve the continuation of the DART Annual Pass Program for calendar year 2012 (pending later submission of actual contract) which will require Dallas County to pay a projected up front cost of approximately $255,000 (based on the 522 employees currently utilizing the . gram) and authorize County Judge Clay Lewis Jenkins to sign the forthcoming contract with DART on behalf of Doll s C UI ty

DO E p~) U T this the

~//~ 15th

day of_-'-N..::.°F==--___ ' 2~c.,.6~_~;L-

Mike Cantrell urine Dickey .___.,,-""""ommissioner District #

4commisSio 2~

Dr. Elba Garcia Commissioner District #4

~~t:.~. Mattye auldm-Taylor, Ph.D., DIrector

Human Resources/Civil Service Department

K:\Courl Orders 2012IDART Program for 2012.doc

COURT ORDER

2U11 1978 ORDERNO: ____________ __

DATE: _N_o_v_em_b_er_1_5_,_20_1_1 __ __

STATE OF TEXAS

COUNTY OF DALLAS


the 15th day of November ,2011 on motion made by John Wiley Price, Corrnn. Dist. 3, and

seconded by Dr. Elba Garcia, Corrnn. Dist. 4 , the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on November 8, 2011; and

WHEREAS, the Federal Equitable Sharing Agreement requires the head of the law enforcement agency and a designated official of the governing body to sign the Annual Certification Report certifying that the accounting of funds received and spent by the law enforcement agency is accurate and in compliance with the guidelines and statutes that govern the equitable sharing program; and

WHEREAS, an audit of the Constable federal forfeiture funds has been completed by the County Auditor on a form provided by the U.S. Department of Justice! ACA Program and presented to Commissioners Court for certification; and

WHEREAS, this court order is consistent with Strategic Plan Vision 3; and

WHEREAS, Commissioners Court accepts and certifies the audit findings of the County Auditor.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the audit reports be certified as final with noti delivered to the U.S. Department of Justice and authorizing the County Judge to sign all related document.

DONE IN OPEN COURT this the 15t

Mike Cantrell, Comm. District #2 Dr. Elba Garcia, Comm. District #4

Recommended for Approval by:

Equitable Sharing Agreement and

Certification

Expires 9-30-2014

o Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office ® Other (specify) _C_o_n_st_a_b_le _________ _

Agency Name: Dallas County Constable Precinct 1

NClC/ORllTracking Number: I T 1 X I ° I 5 1 7 I 41 2 1 0 1 ° I Street Address: 72()1 S, Polk

~~~~----------------------------------

City: Dallas State: TX Zip: 75232 ~----- :::~~------

Contact: Title: :.-Se:::r",gccea:::n:.-t:::' ____ First: Frank Last: Bromley

Contact: Phone: 972-227-6015 E-mail: fbromley@dallascounty,org

Same as Preparer: First: Asnakech Last: Tessema o -----------------Contact Preparer: Phone: 214-653-7929 E-mail: Asnakech,Tessema@dallascounty,org

Last Fiscal Year End: 09/30/2011 Agency Current Fiscal Y ear -=B...::u...::d.:g...::et~:::====$=1=,4=8=2=,4=2=7,=00

o New Participant:

® Existing Participant:

Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)

Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 51. and sign the Affidavit (page 6)

o Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6),

Annual Certification Report Summary of Equitable Sharing Activity

, Beginning Equitable Sharing Fund Balance (must match

I 1

Ending Equitable Sharing Fund Balance from prior FY)

2 ! Federal Sharing Funds Received i

3 Federal Sharing Funds Received from Other Law Enforcement I Agencies and Task Forces (complete Table B, page 2) !

4 Other Income

5 ! Interest Income Accrued Non-Interest Bearing ®

i Interest Bearing 0

! 6 I Total Equitable Sharing Funds (total of lines 1 - 5)

7 Federal Sharing Funds Spent (total of lines a - m below) I

8 Ending Balance (difference between line 7 and line 6) I 1 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DS5, and FDA.

2 Treasury Agencies are: IRS, rCE, CBP, USSS, and USCG.

Page 1 of 6

Justice Funds 1

$13,303,00

$0,00

$0,00

$0,00

$13,303,00

$4,175,00

$9,128,00

I

I

I

,

, Treasury Funds

$0,00

$0,00

$0,00

i I

I i I

I

September 2011 Version 2.0

Summary of Shared Monies Spent Justice Funds Treasury Funds ,

Total spent on salaries for new, temporary, not~to-exceed ,

a one year employees Reier to § VIII.A.2.a.301 the Justice Guide $0.00

b Total spent on overtime $0.00

c ! Total spent on informants, "buy mon'ey," and rewards , $0.00 I d I Total spent on travel and training $13.00 i , , e i Total spent on communications and computers $0.00 ,

I I

j I T ota! spent on weapons and protective gear , $209.00

g Tota! spen't on electronic surveillance equipment i $0.00

h Tota! spent on bulldings and improvements $0.00

! i Total transfers to other state and local law enforcement agencies (complete Table C, page 2)

, i

j Total spent on other law enforcement expenses (complete Table D, page 3) $3,953.00

k Total Expenditures in Support of Community-based Programs I ..•.•••..•. ,.. '. '.' (complete Table E, page 3) .....•.. '.' .....

I Tota! Windfall Transfers to Other Government Agencies (complete Table F, page 3)

m Total spent on matching grants (complete Table G, page 3) --

n , Total $4,175.00 I $0.00 I i , , a Did your agency receive non-cash assets? 0 Yes ® No II yes, complete Table H, page 3.

Please fill out the following tables, if applicable.

Table A: Members ofTask Force Agency Name

Table B: Equitable Sharing Funds Received from other Agencies Total the amount transferred to each agency on separate lines

NCIC/ORI/Tracking Number

1II1 11111111

Transferring Agency Name, City, and State Justice Funds Treasury Funds

II Agency Name, l--l _==;:::::::;==;::=;:=;::=;==;=;===;--------1111 11111 i NCICIORI/Tracking Number: I 1 II ___ J

Table C: Equitable Sharing Funds Transferred to Other Agencies T ota! the amount transferred to each agency on separate lines

Receiving Agency Name, City, and State Justice Funds Treasury Funds

Agency Name,C,----;:::=;:::=;=:;:::::;:::::;::=~II'LJIr--lll NCICIORI/Tracking Number: I [J ..~.

Page 2 of6 September 2011 Version 2,0

Table D: Other Law Enforcement Expenses

Description of Expense IF 'lID cards

r

11, if,

Table E: Expenditures in Support of Community-based Programs Referto § VIIl.A.1.m and Appendix C of the Justice Guide

Table F: Windfall Transfers to Other Government Agencies Referto § VIIIA1.n of the Justice Guide and pp. 25-26 olthe Treasury Guide

Recipient

Table G: Matching Grants Referto § VIIIA1.h olthe Justice Guide and p. 22 of the Treasury Guide

Matching Grant Name

Table H: Other Non-Cash Assets Received

Source Description of Asset

Justice 0 II Treasury Cl

Table I: Civil Rights Cases

Name of Case

--Justice Funds Treasury Funds

II $523.00 II il ~I

I $859.00 III ,I

II I

III I,

i $2,571.00 ! I il -' '

Justice Funds

Justice Funds Treasury Funds

~II III


III IIC II

l Type of Discrimination Alleged

~ I

10 Disability iO Age 10 Other I I I 0 National I' -I [0 Race Color ,0 Gender

Origin. ,

Page 3 016 September 2011 Version 2.0

Paperwork Reduction Act Notice

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005.

Page 4 of 6 September 2011 Version 2.0

Equitable Sharing Agreement

This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission. This Document must be submitted to [email protected] 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page(page 6) submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor.

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department ofTreasury, depending on the source of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable Sharing Agreement and Certification on file.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account.

The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years.

The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.

6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits.

Page S of 6 September 2011 Version 2.0

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice andlor Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 USc. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.s.c. § 1681 et seq.), Section S04 of the Rehabilitation Act of 1973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.s.c. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

i During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes ® No

If you answered yes to the above question, complete Table I

Name: Honorable Derick Evans

Governing So y \'l'~ See I 2 on r;e /11 r. I 1)"'-signatur~ i x../\,.Iv '

Namei \ Hono ab <;::lay Jenkins I

Agency Head See GJ 2 on page

Title: Dallas County Constable Title: Count I ge

Date: Date: NJvaIDer 15, 2011

,-----------_~III Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that i=~~~~~~~~~~~~~~~~~~9 gives you important, substantive, information regarding

Equitable Sharing policies, practices, and procedures.

Final Instructions: Step 1: Click to save for your records

Step 2: Click to save in XML format

Step 3: E-mail the XML file to [email protected]

Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344

FOR AGENCY USE ONLY Entered by ____ _

11111111 1111111111111111111111111111111 Entered on ____ _

o FY End: 09/30/2011

,® NClC: TX0574200 10

Date Printed: October 31, 2011 13:43

Agency: Dallas County Constable Precinct 1 Phone: 972-227-6015

State: TX Contact: Frank Bromley E-mail: [email protected]



Certification

Expires 9-30-2014

o Police Department 0 Sneriffs Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office ® Otner (specify) Constable


NCIC/ORIITracking Number: I T I X I 0 I 5 I 7 I 3 I 9 I 0 I 0 I Street Address: 140 N. Garland Ave.

City: Garland State: TX Zip: 75040 ---'-'----

Contact: Title: "S"-er:.;;g,,,e.:.:an:.::t,,' ____ First: Don Last: "K-'u:.::h:.::n'-_______ _

Contact: Phone: 972-643-4766 E-mail: [email protected]

Same as Preparer: First: Asnakech Last: Tessema ---------------Contact Preparer: Phone: 214-653-7929 E-mail: [email protected]

Last Fiscal Year End: 09/30/2011 Agency Current Fiscal Year Budget: $1,461,086.00

o New Participant: Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5)

@ Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5)

o Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5).


Beginning Equitable Sharing Fund Balance (must match 1

Ending Equitable Sharing Fund Balance from prior FY)

2 I Federal Sharing Funds Received

3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table S, page 2)

4 I Other Income

5 Interest Income Accrued Non-Interest Bearing ®

Interest Bearing 0 6 I Total Equitable Sharing Funds (total of lines 1 - 5)

7 Federal Sharing Funds Spent (total of lines a - m below)

8 Ending Balance (difference between line 7 and line 6)

1 Justice Agencies are: FBI, DEA, ATF, U5P!S, USDA, DClS, DSS, and FDA.

1 Treasury Agencies are: IRS, ICE, CBP, U5SS, and USCG.

Page 1 of 5

Justice Funds l

i $66,080.00 I

! I $14,952.00 !

I $0.00 I

$0.00

$81,032.00

I

$2,922.00 I

$78,110.00

, Treasury Funds

$0.00

I I I

i

$0.00 I

$0.00


of Shared Monies Spent Justice Funds Treasury Funds

a Total spent on salaries for new, temporary, not-ta-exceed one year employees Refer to § VIII.A.2.a.3 of the Justice Guide $0.00

b Total spent on overtime SO.OO

c Total spent on informants, "buy money," and rewards $0.00

d Tota! spent on travel and training $0.00

e Total spent on communications and computers $0.00 i f Total spent on weapons and protective gear $0.00

g Total spent on electronic surveillance equipment $0.00

h Total spent on buildings and improvements $0.00

i Total transfers to other state and local Jaw enforcement agencies (complete Table C, page 2)

j Total spent on other law enforcement expenses (complete

I Table D, page 3) $2,922.00

k Total Expenditures in Support of Community-based ,VY'Q"" 1~~it~4~l~I~~i1~~.!~~~~· (complete Table E, page 3)

I T ota! Windfal! Transfers to Other Government Agencies (complete Table F, page 3)

m Total spent on matching grants (complete Table G, page 3)

n Total $2,922.00 $0.00

0 Did your agency receive non~cash assets? 0 Yes @No If yes, complete Table H, page 3.


Table A: Members ofTask Force Agency Name NCIC/ORlfTracking Number

I I I I I I [I I

Table B: Equitable Sharing Funds Received from other Agencies T ota! the amount transferred to each agency on separate lines


I Agency Name: L-I --;::=::;;::::::;==;:=;=:::::;=;=;=::;::=;--------------ll.~,'i, IIII III NCICIORlfTracking Number: I ! I,

Table C: Equitable Sharing Funds Transferred to Other Agencies Total the amount transferred to each agency on separate lines

Receiving Agency Name, City, and State

I' Age n cy Na me: LI ___ --;=:;:::::;::=;=:::;==;=:;:::::;::=::;==;-____ -lll i NCICIORlfTracking Number: II

Page20f5



Table D: Other law Enforcement Expenses

Description of Expense

II Uniforms

Table E: Expenditures in Support of Community-based Programs Reier to § VIILA.1.m and Appendix C 01 the Justice Guide

Table F: Windfall Transfers to Other Government Agencies . Relerto § VIILA.l.n 01 the Justice Guide and pp. 25-26 olthe Treasury Guide

Recipient

Table G: Matching Grants Relerto § VIILA.1.h olthe Justice Guide and p. 22 olthe Treasury Guide

Matching Grant Name



Justice 0 1:-Treasury 01


Name of Case


III $2,922.00 III II

Justice Funds


III III II


III III II

Type of Discrimination Alleged

10 National 1'0 G d I Origin I en er

In·Other



Page 3 015 September 2011 Version 2.0



1. Submission. This Document must be submitted to [email protected] 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 5) submitted by fax. This will constitute submission to the Department of Justice and the Department of Treasury.

2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commiSSioner, and governor.

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and F'ederal, State, and Local Law Enforcement Agencies (Treasury Guide).





6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodiC random audits.

Page4of5 September 2011 Version 2,0

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s.c. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.s.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.s.c. § 6101 et seq.), which prohibit discrimination on the basis of race, cofor, national origin, dIsability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes ® No


Agency Head See'J 2 on page

Signature:

Name: Honorable Michael Gothard

Title: Dallas County Constable

Date: Date: Jibvariber 15, 20n

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic news!etterthat 1====================1 gives yOll important, substantive, information regarding

~\II Equitable Sharing poliCies, practices, and procedures.

Final Instructions: Step 1: Click to save for your records Step 2: Click to save in XML format

Step 3: E-mail the XML file to [email protected] Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344

111111111111111111111111111111111 111111111 [:n~~e:n:~ 09/30/2011 Date Printed: November 01,2011 12:59


@ NCIC: TX0573900 Agency: Dallas County Constable Precinct 2 . Phone: 972-643-4766 o

State: TX Contact: Don Kuhn E-mail: [email protected]

Page 5 of 5 September 201; Version 2.0


Certification

Expires 9-30-2014

o Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2)

o Prosecutor's Office@Other(specify)_C_o_n_st_a_hl_e ________ _


NCIC/ORl/Tracking Number: I T I X I 0 I 5 I 7 I 3 I 8 I 0 I 0 I Street Address: 1411 West Beltline Rd.

City: Richardson State: TX Zip: 75080 -----Contact: Title: Chief First: Craig Last: McKnight

------------ ----~-------------Contact: Phone: 972-690-8692 E-mail: [email protected]

o Same as Preparer: First: _A_s_n_ak_e_c_h _________ Last: Tessema

Contact Preparer: Phone: 214-653-7929 E-mail: [email protected]



@ Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5)' and sign the Affidavit (page 6)

o Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6).


Beginning Equitable Sharing Fund Balance (must match Ending EqUitable Sharing Fund Balancefrom priorFY)

I 2 . Federal Sharing Funds Received

I

I 3 Federal Sharing Funds Received from Other Law Enforcement I i i Agencies and Task Forces (complete Table S, page 2) I

4 I Other Income i I

5 i Interest Income Accrued Non-Interest Bearing @ I

Interest Bearing 0 i 6 Total Equitable Sharing Funds (total of lines 1 ·5)

I 7 I Federal Sharing Funds Spent (total of lines a - m below) I

8 I Ending Balance (difference between line 7 and line 6) I

1 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA.

2 Treasury Agendes are: IRS, ICE, eBP, USSS, and USCG.

Page 1 of 6

Justice Fundsl

$95,414.00 I I

$17,777.00 I

I

$0.00

$0.00

$113,191.00 J $4,616.00 I

I

I $108,575.00 !

Treasury Funds 2

1 $10,503.00 i

I $59,765.00 i

I I

$0.00 :

$0.00 I

$70,268.00 I I

$0.00 i

$70,268.00 I


Summary of Shared Monies Spent Justice Funds Treasury Funds I

I ,

a Total spent on salaries for new, temporary, not~to-exceed I one year employees Refer to § VIII.A.2.a.3 of the Justice Guide i $0.00 !

b Total spent on overtime I $0.00 I i c Tota! spent on informants, "buy money/It and rewards SO.OO ,

I Tota! spent on travel and training i ,

d SO.OO , e Total spent on communications and computers I $1,983.00 I

I f Total spent on weapons and protective gear $0.00 i I I

I Total spent on electronic surveillance equipment

, i g $0.00

i h Tota! spent on buildings and improvements $0.00 ! ,

I I Total transfers to other state and local law enforcement

I agencies (complete Table C, page 2) 1

I j

Total spent on other law enforcement expenses (complete i Table D, page 3) $2,633,00

I Total Expenditures in Support of Community-based Programs h.t;""L"'" 2?1·f;t, I k (complete Table E, page 3) "'·,'i'

I Tota! Windfall Transfers to Other Government Agencies ! i (complete Table F, page 3) I

m I Total spent on matching grants (complete Table G, page 3)

n Total i 4616.00 $ , $0,00

I Did your agency receive non-cash assets' ® Yes 0 No If yes, complete Table H, page 3.

Please fill out the following tables, if applicable,

Table A: Members of Task Force Agency Name NClC/ORlfTracking Number

III I I I I I I

Table S: Equitable Sharing Funds Received from other Agencies Total the amount transferred to each agency on separate lines


I Agency Name: 1 ____ -;:::=;==;:::;==;:=;:::::=;=;=;=::;-___ ---", II 11)11 III -~. I NCICIORlfTracking Number: I II II



I Agency Name: ! __ ~==;=;:=;:=;::=;::=;===;::::;=::::;-__ ---..JIIII NCICIORIITracking Number: "

Page 2 of6


III II

September 2011 Version 2,0


Description of Expense Justice Funds Treasury Funds

I Towing expense

I I Rack

• n • 'r.

s

sharing cost for non-cash asset received

Table E: Expenditures in Support of Community-based Programs Refer to § VIILA.l.m and Appendix C of the Justice Guide

Recipient

Table F: Windfall Transfers to Other Government Agencies Refer to § VIILA.l.n of the Justice Guide and pp. 25·26 olthe Treasury Guide

Recipient

Table G: Matching Grants Referto § VIILA.l.h of the Justice Guide and p. 22 of the Treasury Guide

Matching Grant Name


Source

Justice @

Treasury 0

Description of Asset I I Sam sung Series 6 52" LCD I-IDTV I


Name of Case

II DRace

$165.00 I

I $154.00 II I

$196.00 III II I

I

I $1.949.00 III II I

i I

$169.00 II j I

Justice Funds


III III II


III 1\1 1\

]I


II [ National 10 o Color 0 o· . Gender

ngln , I II

n Disability I LJ Age 0 Other

Page 3 of6 September 2011 Version 2.0


Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for malting this form Simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005.

Page 4 of 6 September 2011 Ver,ion 2.0


This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the Signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission. This Document must be submitted to [email protected] 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6) submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2, Signatories. ~his agreement rnust be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor.

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide),



The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by reqUirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years.


6, Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits.

Page 5 of 6 September 201 1 Version 2,0

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they. have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice andlor Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture,

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U5.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 USc. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U5.C § 794), and the Age Discrimination Act of 1975 (42 U.s.C § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations,



Agency Head See ~ 2 on page

Signature:

Name: Honorable Benjamin Adamcik


Date:

Title:

Date: N:JvaIJ::er 15, 20ll

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that !=~~~=~=====~~~~~===!= gives you important, substantive, information regarding

Equitable Sharing policies, practices, and procedures,


Step 3: E-mail the XML file to [email protected] Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344


1111111111111111111111111111111111111111111111111 Entered on ____ _

o FY End: 09/30/2011 Date Printed: October 31,2011 14:18

@ NClC: TX0573800 Agency: Dallas County Constable Precinct 3 Phone: 972-690-8692

I 0 State: TX Contact: Craig McKnight E-mail: [email protected]

Page6of6 September 2011 Version 2,0


Certification

Expires 9-30-2014

o Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office ® Other (specify) _C_o_ns_t_ab_l_e _________ .

Agency Name: Dallas County Constable 4

NCIC/ORIITracking Number: I T I X I 0 I 5 1'7 I 4 I ] I 0 I 0 I Street Address: 630 W. Main St -------------------------------------------------City: Grand Prairie State: TX Zip: 75050

------

Contact: Title: Ms. First: Deatrice Last: Kirk ------ -------------------


D Same as Preparer: First: "-A:.::s:.::n:::.ak:.::e::.:c:.::h'--________ Last: Tessema


,

! I

I

LastFiscal Year End: 09/30/2011 Agency Current Fiscal Year Budget: $1,220,441.00


® Existing Participant: Complete the Annual Certification Report;read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5)

o Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5),

Annual Certification Report Summary of Equitable Sharing Activity Justice Funds 1 Treasury Funds 2

, Beginning Equitable Sharing Fund Balance (must match I I I

1 I i Ending Equitable Sharing Fund Balance from prior FY) I $74,997,00

2 Federal Sharing Funds Received I $6,393.00

Federal Sharing Funds Received from Other Law Enforcement !

I 3

I I Agencies and Task Forces (complete Table B, page 2) I

4 I Other Income $0.00 i I 5 Interest Income Accrued

Non-Interest Bearing ® ! $0.00 I Interest Bearing 0 .

I , 6 I Total Equitable Sharing Funds (total of lines 1 - 5) $8],390.00 I $0.00 I !

7 I Federal Sharing Funds Spent (total of lines a - m below) $2,575.00 $0.00

8 Ending Balance (difference between line 7 and line p) i $78,815,00 $0.00 I I Justice Agencies are: fBI, DEA, ATf, USPIS, USDA, DCIS, DSS, and fDA,

2 Treasury Agencies are: fRS, !CE, (BP, USSS, and USCG.

Page 1 of 5 September 2011 Version 2.D

Summary of Shared Monies Spent Justice Funds Treasury Funds

I a T ota! spent on salaries for new, temporary, not~to-exceed

I i one year employees Referto § VIII.A.2.a.3 of the Justice Guide $0.00

b Total spent em overtime $0.00 I

c Total spent on informants, "buy money," and rewards $0.00 I ,

d Total spent on travel and training SO.OO

e Total spent on communications and computers I $0.00 I

I f Total spent on weapons and protective gear $1,429.00

T otalspent on electronic surveillance equipment $0.00 I I

9

h Total spent on buildings and improvements i $0.00 I

I I

I Total transfers to other state and local law enforcement

I !

I agencies (complete Table C, page 2) , , , , j

o a spen on 0 er aw en orcemen expenses camp e e

I Table D, page 3) $1,146.00 t th I t I t

k Total Expenditures in Support of Community-based programsi (complete Table E, page 3) , li>~' 'i(~":;'),:i~0Ll~~',t,t

I Total Windfall Transfers to Other Government Agencies I

(complete Table F, page 3) ,


Total $2,575.00 I , n $0.00 I

I 0 I Did your agency receive non-cash assets? 0 Yes @No If yes, complete Table H, page 3. I I




NCIC/ORlrrracking Number


I. Agency Name: '---.1 ---==;=:::;=::;=::;:::=;=;=:::;=::;:=:;-~------,llill II~I,. I NCICIORlrrracking Number: I~IIL~:


Receiving Agency Name, City, and State Justice Funds Treasury Funds

II: Agency Name: 1---;=1 ::;:=::::;=::;:=:::;:::::::;=;=:::;=;::::::::::;--_.= 111111.1 III". I'li NCiC/ORlrrracking Number: ~.

Page 2 of 5 September 2011 VersIOn 2,0

Table 0: Other Law Enforcement Expenses


II Uniforms

Table E: Expenditures in Support of Community-based Programs Refer to § VIII.A.1.m and Appendix C of the Justice Guide

Table F: Windfall Transfers to Other Government Agencies Refer to § VIII.A.1.n of the Justice Guide and pp. 25-26 of the Treasury Guide

Recipient

IL Table G: Matching Grants

Refer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guide Matching Grant Name




III $1,146.00 1\1 1\

Justice Funds


~IL III II


III III 1

Justice 0 II J' ~Tr_easu_rYO~I~~~~~~~~~~~~~


Name of Case Type of Discrimination Alleged

I'D Race 1

'[ 'I National I' o Color 0 0 . . 0 Gender . ngm

iO Disability 10 Age 10 Other


Under the Paperwork Reduction Act, a person is not reqUired to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005.



This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies, By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program, Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds,

1, Submission. This Document must be submitted to aca.submit@usdoj,gov within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 5) submitted by fax, This will constitute submission to the Department of Justice and the Department ofTreasury,

2, Signatories. This agreement must be signed by the head ofthe Agency and the head of the governing body, Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, admin,istrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency, Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor.

3, Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4, Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department ofTreasury, depending on the source of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable Sharing Agreement and Certification on file.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds, The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds, Interest income generated must be accounted for in the appropriate federal forfeiture fund account.

The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years,

The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited, Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property,

6, Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB

Circular A-133, The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits,

Page 4 of 5 September 2011 Venion 2.0

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s,c. § 2000d et seq,), Title IX of the Education Amendments of 1972 (20 U.s,c. § 1681 et seq,), Section 504 of the Rehabilitation Act of 1973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.s,c, § 6101 et seq,), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity, The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

, During the past fiscal year: (1) has any court or administrative agency issued any finding, I judgment, or determination that the Agency discriminated against any person or group in

violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes ® No

If you answered yes to the above question, complete Table i

Agency Head See ~ 2 on page

Signature:

Name: Honorable Roy Williams, Jr,


Date: Date: J\bvarlJer 15. 2Dll

Subscribe to Equitable Sharing Wire: I alt.}. The Equitable Sharing Wire is an electronic newsletter that F~~~~~~~=~~~~~~~~~~911 II ~ l ( gives you important, substantive, information regarding .

Equitable Sharing policies, practices, and procedures,

Final instructions: Step 1: Click to save for your records Step 2: Click to save in XML format

Step 3: E-mail the XML file to aca.submit@usdoj,gov


::::::E::C_Y_";c "" 11111111111111111111111111111111111111111111111 1

0 FY End: 09/30/2011 Date Printed: October 31, 2011 14:30

® NCIC: TX0574100 Agency: Dallas County Constable 4 10

Phone: 214-875-2121

E-mail: Deatrice,Kirk@daliascounty,org I State: TX Contact: Deatrice Kirk

Page 5 of 5 September 2011 Ver,ion 2.0

2011 197~ OHDERNO: ____________ __


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER


the 15th day of November ,2011 on motion made by John Wiley Price, Comm. Dist. 3 , and

seconded by Dr. Elba Garcia, Comm. Dist. 4 , the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on November 15, 2011; and

WHEREAS, the Federal Equitable Sharing Agreement requires the head of the law enforcement agency and a designated official of the governing body to sign the Annual Certification Report certifying that the accounting of funds received and spent by the law enforcement agency is accurate and in compliance with the guidelines and statutes that govern the equitable sharing program; and

WHEREAS, an audit of the Sheriff and District Attorney forfeiture funds has been completed by the County Auditor on a form provided by the U.S. Department of JusticeiACA Program and presented to Commissioners Court for certification; and


WHEHEAS, Commissioners Court accepts and certifies the audit findings of the County Auditor.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the audit reports be certified as final with notice delivered to the U.S. Department of Justice and authorizing the County Judge to sign all related documents\

DONE IN OPEN COURT this the 15th/cay, of / I November -m ( , 2011.

2~Ei~~~:'~ John ley Price, Com . District #3

~d Mike Cantrell, Comm. District #2 Dr. Elba Garcia, Comm. District #4



Certification

Expires 9-30-2014

o Police Department ® Sheriffs Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office 0 Other (specify) ___________ _

Agency Name: Dallas County Sheriff

NCIClORIITracking Number: I T I X I 0 I 5 I 7 i 0 I 0 I 0 I iJ Street Address: 133 N. Riverfront Blvd.

City: Dallas State: TX Zip: 75207 ------Contact: Title: Mr. First: Darryl Last: Thomas

------ -----------Contact: Phone: 214-653-2765 E-mail: [email protected]

o Same as Preparer: First: c.A:..cs_n ___ al._ce_c_h _________ Last: Tessema


I I



@ Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6)

o Amended Form: Revise the Annual Certification Report. read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6).

Annual Certification' Report Summary of Equitable Sharing Activity Justice Funds 1

i Beginning Equitable Sharing Fund Balance (must match ! 1

Ending Equitable Sharing Fund Balance from prior FY) $561,328.00 I

2 Federal Sharing Funds Received ! $33,762.00 I

3 Federal Sharing Funds Received from Other Law Enforcement I Agencies and Task Forces (complete Table B, page 2) , $573,104.00 I

I Other Income 4 $23,160.00 I ! Non-Interest Beanng 0

5 Interest Income Accrued 1nterest Bearing ® I $10,076.00 i

6 Total Equitable Sharing Funds (total of lines 1 - 5) i

$1,201,430.00 I 7 i Federal Sharing Funds Spent (total of lines a - m below)

I $1,126,890.00 I

! I

I 8 I Ending Balance (difference between line 7 and line 6) $74,540.00 ,

1 Treasury Funds

!

$560,370.00 I

$566,995.00 I i

I

I

I $1,127,365.00 i

$0.00

$1,127,365.00

Justice AgenCies are: FBI, DEA. ATF. US PIS. USDA, DC!S. DSS, and fDA.

2 Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG.


Summary of Shared Monies Spen~ Justice Funds Trea,""" Funds

a Total spent on salaries for new, temporary, not-to-exceed one year employees Referto § VIII,A,2,a.3 of the Justice Guide $0,00

b Total spent on overtime $0,00 i

C Total spent on informants, "buy,money," and rewards $0,00 i

d Total spent on travel and training $29,312,00

e Total spent on communications and computers I $625,740,00 ,

f Total spent on weapons and protective gear $101,589.00

g Total spent on electronic surveillance equipment $41,934,00

h Total spent on buildings and improvements I S 18,661.00

I Total transfers to other state and loeallaw enforcement i

i agencies (complete Table C, page 3)

j Total spent on other law enforcement expenses (complete Table D, page 3) $309,654,00

k Total Expenditures In Support of Community-based , 'U~'"»" ~ (complete Table E, page 4) ,

Total Windfall Transfers to Other Government Agencies I I

(complete Table F, page 4)

I m Total spent on matching grants (complete Table G, page 4)

n Total I $1,l26,890,00 $0,00

I a Did your agency receive non-cash assets? 0 Yes @No If yes, complete Table H, page 4.


Table A: Members of Task Force Agency Name

C Table B: Equitable Sharing Funds Received from other Agencies

Total the amount transferred to each agency on separate Hnes

NCIC/ORlffracking Number


I Agency Name: !Dallas County District Attorney I[ IICJi $513,007,00),

NCiCIORlffracklng Number: I T I X I 0 I 5 I 7 I 0 I 1 I 5 I A I I Agency Name:i L:;C:.:it:1,Y-"o:.-f c:::.o::!p:£p~el=l ::::;:=:;:::::::;::::::;=:;:=:::;::::::;=:;:==; ____ --'1 I II I NCIC/ORlffracking Number: I T I X I E I Q I 0 I 0 I 1 I 7 I J I II $27,383,00! II

Page 20f6 September 2011 Version 2.0


Receiving Agency Name! City, and State Justice Funds Treasury Funds

I Agency Name:l'----_---;:::::;=;::::=;::=;=::;=:;=;:=;::::=:;-__ -llili. till ~[II I NCiC/ORIITracking Number: I ~~ I I



II Ba~ksacks for Sheriff Olympics

Canopy Tent

, ! Computer Forensics

Copier Maintenance

Currency Counter, Scanner, & Printer

I Drug Test

Fingerprints

_ U-lU~C' re

IGas

etal detectors

i Operational Expense

Promotional Pens

I Repair Camera

~a II

p

Page 3 016

I I r

1,1

I ,I

I I II ,

I I , I

I 'I I

I I

I

III

I I , [

II I

I


$743.00 III

$1,864.00 III $1,650.00 II $1,350.00 II $6,770.00 II

$183.001:1

$5,710.00 II

$21,436.00 I $1,731.00 III

$5,625.00 II $248.00 II

$608.00 II[ $263.00 III

$155.00 I

$430.00 ill $983.00 III

$95.00 II II

III $2,263.00 ,il iii $50.00 III

$1,226.00 II

I II

II )1

Ii

:J I: I

I

I I, , II

II

['

II

Ii ----r' II

,

II ,I

[I

II September 2011

Versiol"'l2.0

Description of Expense Justice Funds Treasury Funds

F,llv~eh~icl~ee~xp~en~se~~~~~~~~~~~~~~~III==$2~5~6'1~0~5.0=O~ IIWeigrlingScale ,I $166.00111~1


Table F: Windfall Transfers to Other Government Agencies Referto § VIII.A.1.n of the Justice Guide and pp. 25-26 of the Treasury Guide

Recipient

rable G: Matching Grants Referto § VIII.A.l.h of the Justice GUide and p. 22 of the Treasury Guide

Matching Grant Name


Source

[

i Justice 0 Treasury 0

Description of Asset


Name of Case

Justice Funds


III III


1[1 1[1' I[


II 0 Race Ii U Color 0 National [0 Gender I 11 I Origin J

~~~======~~==~====~========~====~~dLO __ ' D __ isa_b_i_lit_y~I __ O_A_g_e ____ ~IO ___ O_th_e_r~========~



Page4of6 September 2011 Version 2.0



1. Submission. This Document must be submitted to [email protected] 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6) submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.


3. Uses. Any shared asset shall be used Tor law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice orthe Department ofTreasury, depending on the source of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable Sharing Agreement and Certification on file.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest incorne generated must be accounted for in the appropriate federal forfeiture fund account.



6. A.udit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMS Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits.

Page 5 of 6 September 2011 Version 2,0

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency underthe Justice andlor Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s.c. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.s.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.s.c. § 794)' and the Age Discrimination Act of 1975 (42 U.s.c. § 61 01 et seq.), which prohibit discrimination on the basis of race, color, national or19 in, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in

. violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes @ No


Signature:

n Governing Body ~J See '\l 2 on pa .. ge p

'/ . . .. 'A ._--Signature: 1\-4c+--' ..p>;-+-+.....sc..I _ - ____ _

Agency Head See ~I 2 on page

Name: Honorable Lupe Valdez Name:

Title: Dallas County Sheriff Title:

Date: Date: NJv8lter 15, 2illl

Subscribe to Equitable Sharing Wire: The EqUitable Sharing Wire is an electronic newsletter that F===================i gIVes you important, substantive, information regarding

Equitable Sharing policies, practices, and procedures

Final instructions: Step 1: Click to save for your records

Step 2: Click to save in XML format

Step 3: E-mail the XML file to [email protected]



Entered on ___ _

o FY End: 09/30/2011

® NCIC: TXOS70000

1111111111111111111111111111111111111111111111 o

Date Printed: November 09, 2011 11:26

Agency: Dallas County Sheriff Phone: 214-653-2765

State: TX Contact: Darryl Thomas E-mail: [email protected]

Page60f6 September 2011 VerSIOn 2.0


Certification

Expires 9-30-2014

o Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2) @ Prosecutor's Office 0 Other (specify) __________________ _

Agency Name: Dallas County District Attorney

NCIC/ORl/Tracking Number: I T I X I 0 I 5 I 7 I 0 I 1 I 5 I A I Street Address: 133 N. Riverfront Blvd. L.B. 19

City: Dallas State:_TX ____ Zip: 75207

Contact: Title: Mr. First: Paul Last: Ingram ----------- ~~--------------


D Same as Preparer: First: ~F~el,,-ic:..:i,,-a __________ Last: Jones-Harrell



o New Participant:

® EXisting Participant:

o Amended Form:

Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)

Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6)

Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 5),

and sign the Affidavit (page 6).

Annual Certification Report Summary of Equitable Sharing Activity Justice Funds

1 Treasury Funds 2

11 Beginning Equitable Sharing Fund Balance (must match

I i

$25,219.00 I Ending Equitable Sharing Fund Balance from prior FY) $1,157,119.00 I !

I 2 Federal Sharing Funds Received I i

Federal Sharing Funds Received from Other Law Enforcement 3

Agencies and Task Forces (complete Table B, page 2)

i 4 Other Income

5 ) Interest Income Accrued Non-Interest Bearing 0 I

Interest Bearing @ I

6 I Total Equitable Sharing Funds (total of lines 1 - 5) I I

7 i Federal Sharing Funds Spent (total of lines a - m below) I , ,

I 8 I Ending Balance (difference between line 7 and line 6) I ! ,

I

1 Justice Agencies are: FBI, DEAr ATF, USPIS, USDA, DClS, DSS, and FDA,

2 Treasury Agencies are: IRS, ICE, eBP, USSS, and USCG.

Page 1 of 6

$5,115.00 I I i i

$35,216.00 , I $6,275.00 I , $2,686.00 I

$1,206,411.00 I $25,219.00 ,

$528,486.00 i $0.00

I $677,925.00 I $25,219.00


Summary of Shared Monies Spent Justice Funds Treasury Funds

a Total spent on salaries for new, temporary, not-to-exceed I I one year employees Refer to § VllI.A,2,a,3 of the Justice Guide i $0,00 i

b I Total spent on overtime i

I $0,00 I ! c Total spent on informants, "buy money/' and rewards $0.00 ,

d Total spent on travel and training $0.00

e Total spent on communications and computers $272.00 ,

f Total spent on weapons and protective gear $1,277.00 i I I , g Total spent on electronic surveillance equipment I $0.00 I h Total spent on buildings and improvements $0.00 I , I Tot"al transfers to other state and loca! law enforcement I i agencies (complete Table (, page 2) I $513,007.00

j Total spent on other law enforcement expenses (complete

I Table D, page 3) $13,930.00

k 1 Total Expenditures in Support of Community-based Programs li~~(~':~c\ct~~#~/10';K', , I (complete Table E, page 3) ,

I I

Total Windfall Transfers to Other Government Agencies

(complete Table F, page 3)


I n Total i $528,486.00 $0.00

I 0 Did your agency receive non~cash assets? ® Yes ONo If yes, complete Table H, page 3,




Transferring Agency Name, City, and State

NClClORllTracking Number

III I [ I I I II


I Agency Name: ICity of Coppell I '

I ='-'-'-'::'::";:-4. =;=::;==;::=;:=;:==;==:;=;==;==::::;-------' I $ 3 5 ,216.00

NCICIORIlTracking Number: ~i X I E I Q I 0 I 0 I 1 I 7 I 3

Table C: Equitable S.haring Funds Transferred to Other Agencies Total the amount transferred to each agency on separate lines


i Agency Name: jDallas County Sheriff

NCICIORllTracking Number: ! T I X I 0 I 5 I 7 I 0 I 0 0 I 0

Page 2 of 6


1[1 $513,007.00 11c=J1 September 2011

Version 2.0



II Correction to prior year deposit, money belongs to Sheriffs office

'I vehicle expense

cost for non-cash asset received


Table F: Windfall Transfers to Other Government Agencies Refer to § VIII.A.1.n of the Justice Guide and pp. 25-26 of the Treasury Guide

Recipient

Table G: Matching Grants Refer to § VIII.A.l.h of the Justice Guide and p. 22 of the Treasury Guide

Matching Grant Name


Source

Justice ® Treasury 0

Description of Asset

[2001 Porsche Boxter Roadster



II $10,942.00 I

'I $650,00 II , I

I I Ii $2,338.00 ,

i

Justice Funds



II

-~I --J

Name of Case Type of Discrimination Alleged

lID Race

11 0 Disability

Page 3 of6

O National o Color Origin 10 Gender

o Age 10 Other

September 2011 VersIOn 2,0



Page4of6 September 2011 Version 20



1. Submission. This Document must be subrnitted to [email protected] within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6)

submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.


3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or .Iocallaw enforcement agencies, it must first verify with the Department of Justice or the Department ofTreasury, depending on the source of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable Sharing Agreement and Certification on file.

5. Internal Controls, The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account.


The misuse or misapplication of shared resources Qr the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.

6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits.


Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting offunds received and spent by the Agency under the Justice andlor Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s,C, § 2000d et seq,), Title IX of the Education Amendments of 1972 (20 U.s,c, § 1681 et seq,), Section 504 of the Rehabilitation Act of 1973 (29 U.s,c, § 794), and the Age Discrimination Act of 1975 (42 U.s,c, § 6101 et seq,), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal Investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.



Agency Head See 'J 2 on page

Signature:

Name: Honorable Craig Watkins

Title: District Attorney

Date: Date: J:bvarbeL 15, 2011

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that F=~~~~~~~=~~~=~~~=~~9 gives you important, substantive, information regarding

Equitable Sharing p'olicies, practices, and procedures. .


Step 3: E-mail the XML file to aca,submit@usdoj,gov


[' FOR AGENCY USE ONLY

I

, Entered by

Entered on ____ _

i 0 FY End: 09/30/2011 111111111111111111111111111111111111111111111

® NClC: TX05701SA o

Date Printed: November 07, 201108:35

Agency: Dallas County District Attorney Phone: 214-653-3785

State: TX Contact: Paul Ingram E-mail: PMlngram@daliascounty,org

Page 6 of6 September 2011 Version 2.0

2011 1980 ORDER NO: _______ _


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER


the 15thday of __ N_o_v_em_b_e_r __ , 2011 on motion made by Jolm Wiley Price, District No, 3, and

seconded by Dr. Elba Garcia, District No.4 , the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on November 8, 2011; and V.T.C.A., Code of Criminal Procedure, Paragraph 59.06(g), as amended, requires the Commissioners Court of each county to perform annual audits on proceeds and property seized under this chapter; and

WHEREAS, an audit of the Sheriff, Clean Air Task Force, and Constable Chapter 59 forfeiture funds has been completed by the County Auditor on a form provided by the Attomey General and presented to Commissioners Court for certification; and


WHEREAS, Commissioners Court accepts and certifies the audit findings of the County Auditor.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the audit reports be certified as final with notice deliv~d to the Office of the Attomey General.

1

15th day OL_+--+-++~effiL!b_e_r ________ , 2011. '/ / /

DONE IN OPEN COURT this the

. (/

Mike Cantrell, Comm. District #2 Dr. Elba Garcia, Comm. District #4


dWlAM"G~1iL ~a A. Porter, County Auditor

FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT

BY LAW EN~'ORCEMENT AGENCY

Agency Name: Reporting Period: (local fiscal year) Dallas County Sheriff

Agency Mailing Address: 133 N. Riverfront Blvd.

exampJe:

Dallas, TX 75207

Phone Number: 214-653-3450

County; Dallas

Email Address: This should be a permanent agency

Darryl. 'I'[email protected] email address

NOTE; PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

I. SEIZED FUNDS

A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the District Attorney's account.

B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

1) Amount seized and retained in your agency's custody.

2) Amount seized and transferred to the District Attorney pending forfeiture.

C) Interest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account.

D) Amount Returned to Defendants/Respondents:

E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account held by another agency, e.g. the District Attorney's account.

F) Ending Balance: Instructions: Add lines A, B(l), and C, subtract lines D and E, put total in line F.

10/1/10 - 9/30/11

01101111 !O 12/31111, 09/01110 to 08/3111 J etc.

S 42,236

$ 23,756

$ 0

$ 0

$ 0

$ 20,190

$ 45,802

form Date 6114/l1 Page I

II.

A)

FORFEITED FUNDS

Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) al beginning of the reporting period including interest Do not include funds that have been forfeited but not yet received by your agency. $

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $

C) Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an $ account that does not belong to your agency, e.g. the District Attorney's account.

D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period. $

E) Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From TotaJ on Section VI. $

F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. S

HI. OTHER PROPERTY Instructions: List the number of items seized for !he following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds arc received.

Please note ~ this should be a number not II SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized,3 CRrs AGENCY DEFENDANTS I forfeited Rnd 0 cars put into use. RESPONDENTS

1) MOTOR VEHICLES (Include cars, motorcycles, 1 2 0 tractor trailers, etc.)

2) REAL PROPERTY (Count each parcel seized as 0 0 ° one item)

3) COMPUTERS (Include computer and attacbed 0 0

system components, such as printers and monitors, as 0 one item)

4) FIREARMS (Include only fireanns seized for 0 0 0

forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.)

5) Other Property ~ Description: 0 0 0 _.

Otber Property -Description: 0 0 ° - -

Other Property -Description: 0 0 0

- ,-,,-

Form Date 6/14111

84,392

20,190

696

1,325

94,853

PUT INTO USE BY AGENCY

1

0

0

0

0

0

0

I'age 2

IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership oftbe property to another agency prior to the transfer

A) Motor Vehicles (tbe number of vehicles, not a currency amount): 0

B) Real Property (the number of separate parcels of property, not a currency amount): 0

C) Computers (the number of computers, not a currency amount): 0

D) Firearms (the number offireanns, not a currency amount): 0

E) Other (the number of items, not a currency amount): 0

V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the tmnsfer

A) Motor Vehicles (the number of vehicles, not a currency amount): 0

B) Real Property (the number of separate parcels of property, not a currency amount: 0


D) Fireanns (tbe number of firearms, not a currency amount): 0


VI. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pUrsuant to your genera] budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category.

A) SALARIES

1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): 0

2. Salary Budgeted Solely From Forfeited Funds: $ 0

3. Number ofEmpJoyees Paid Using Forfeiture Funds:

TOTAL SALARJES PAID OUT OF CHAPTER 59 :FUNDS: $ 0

B) OVERTIME

1. For Employees Budgeted by Governing Body: $ 0

2. For Employees Budgeted Solely out of Forfeiture Funds: $ 0

3. Number of Employees Paid Using Forfeiture Funds:

TOTAL OVERTIME PAlD OUT OF CHAPTER 59 FUNDS: $ 0

Form DBle 6/14111 Pag" 3

C) EQUIPMENT

1. Vehicles: $ 0

2. Computers: $ 0

J. Fireanns, Vests, Personal Equipment: $ 0

4. Furniture: $ 0

5. Software: $ 0

6. Maintenance Costs: $ 0

7. Uniforms: $ 0

8. K9 Related Costs: $ 0

9. Other (Provide Detail on Additional Sbeet): $ 0

TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: $ 0

D) SUPPLIES

1. Office Supplies: $ 0

2. Cellular Air Time: $ 0

3. lntemet: $ 0

4. Other (Provide Detail on Additional Sheet) : $ 0

TOTAL SUPPUES PURCHASED WITH CHAPTER S9 FUNDS: $ 0

E) TRAVEL

L Total In State Travel $ 0

a) Lodging: $ 0

b) Air Fare: $ 0

c) Meals (including per diem): $ 0

d) Car Rental: $ 0

2. Total Out of State Travel $ 0

a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: /.

$ 0

3. Fuel: $ 0

4. Parking: $ 0

F(}nnDat~ 6114111 Page 4

5. Other (Provide Detail on Additional Sheet): $ 0

TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: $ 0

F) TRAINING

L Fees (Conferences, Seminars): $ 0

2. Materials (Books, CDs, Videos, etc.): $ 0


TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS $ 0

G) INVESTIGATIVE COSTS

L Informant Costs: $ 0

2. Buy Money: $ 0

3. Lab Expenses: $ 0


TOTAL INVESTIGATIVE COSTS PAID OUT 01< CHAPTlm 59 FUNDS: $ 0

H) TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL ASSISTANCE

L Total Prevention/Treatment Programs (pursuant to 59.06 (h), (1), (j): $ 0

2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (0»: $ 0

TOTAL PREVENTION/TREATMENT PROGRAMSfFINANC1AL $ ASSISTANCE (pursuant to Articles 59.06 (h), (J), 0), (n), (0)): 0

I) FACILITY COSTS

1. Building Purchase: $ 0

2. Lease Payments: $ 0

3. Remodeling: $ 0


5. Utilities: $ 0


TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0

J) MISCELLANEOUS FEES

1. Court Costs: $ 0

2. Filing Fees: $ 0

Forni Dale 6J14111 I'age 5

3.

4.

5.

6.

K)

L)

M)

Insurance:

Witness Fees:

Audit Costs and Fees:

Other (Provide Detail on Additional Sheet):

TOTAL MISCELLANEOUS J:<'EES PAID OUT OF CHAPTER 59 FUNDS:

TOTAL PAID TO COQIJERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT:

TOTAL OTHER PAID OUT OF CHAPTER S9 FUNDS (provide detailed descriptions on additional sbeet(s) and attach to this report):

TOTAL EXPENDITURES:

$ 0

$ 0

$ 3,212

$ ° $ 3,212

$ 4,538

$ 4,000

$ 11,750

NOTE: Uyou are governed by a Commissioners Court or a City Council, BOTH CERTIFICA TIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICA TION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Crimina! Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property

pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents

and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required

information.

COUNTY JUDGE, MA YOR or CITY MANAGER (Printed Name):

SIGNATURE:

DATE:

AGENCY HEAD CERTIFICATION

I swear or affirm, under penalty of perjury, that 1 have accounted for the seizure, forfeiture, receipt, and specific

expenditure of all proceeds and property subject to Chapter 59 of the Code ofCrirninal Procedure, and that upon diligent

inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all

expenditures reported herein were lawful and proper, and made in accordance with Texas law.

AGENCY HEAD (Printed Name):

SIGNATURE:

FOIm Date 6114111 rage 6

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548

Attn: Kent Richardson (512)936-1348 kent.richardsonCQ1oag. state. tx. us

WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE.

Audit completed by Dallas County Auditor ~~10v\/ t/ f

rormDatG6/14lli Page 7

Dallas County Sheriff Office Chapter Fund 59 Report

Description Amount

Fee for grant preperation $ 4,000

Total Schedule L $ 4,000


BY LAW ENFORCEMENT AGENCY

Agency Name: Reporting Period: (local fiscal year) Constable 1

Agency Mailing Address: 7201 S. Polk

example:

Dallas, TX 75232


County: Dallas

Email Address: This should be a permanent agency email address [email protected]

NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

SEIZED FUNDS

A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning offeportjng period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the DistTict Attorney's account.

B) Seizures During Reporting Period: Instructions: lnclude only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

l) Amount seized and retained in your agency's custody.


C) Interest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account.

D) Amount Returned to DefendantslRespondents:


F) Ending Balance: Instructions: Add lines A, B(I), and C, subtract lines D and E, put total in line F.

FormDate6114/l1

10/1/10 - 9/30/11

01/01/11 to 12/31111, 09/01110 to 08/3Illl etc.

$

$

$

$

$

$

$

0

0

0

0

0

0

0

Page 1

II, FORFEITED FUNDS

A) Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and arc on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $ 3,329

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of lhe judgment of forfeiture. $ 0

C) Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include intcrest earned if funds are on deposit in an $ account that does not belong to your agency, e.g. the District Attorney's account. 0

D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, 0 even if the subject property was forfeited in a prior reporting period. $

E) Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From Total on Section VI. $ 594

F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. $ 2,735

III. OTHER I'ROPERTY Instructious: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received.

Please note - this should be iI number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount Example 4 cars seized, 3 cars AGENCY DEFENDANTS! BY AGENCY forfeited and () cars put into use. RESPONDENTS

1) MOTOR VEHICLES (Include cars, motorcycles, 0 0 0 0 tractor trailers, etc.)

2) REAL PROPERTY (Count each parcel seized as 0 0 0 0 one item)

3) COMPUTERS (Include computer and attached 0 0 system components, such as printers and monitors, as 0 0

one item)

4) FIREARMS (Include only flreanns seized for 0 0 0 forfeiture under Chapter 59. Do not include weapons 0

disposed under Chapter 18.)

5) Other Property - Description: 0 0 0 0

- ---,-~

Other Property -Description: 0 0 0 0

-


f'onnDate6!l4!l! Pag~ 2

IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer




D) Firearms (the number oftireanns, not a cummey amount): 0


V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer




D) Firearms (the number of firearms, not a currency amount): 0


VI. EXPENDITURES Instructions: This category is for ChaIlter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category

A) SALARlES

1. Increase uf Salary, Expense, or Allowance for Employees (Salary Supplements): $ 0



TOTAL SALARIES l'AID OUT OF CHAPTER 59 FUNDS: $ 0

B) OVERTIME




TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: 0

Fonn Date 6/l41J! Page 3

C) EQUIPMENT

1. Vehicles: $ 0

2. Computers: $ 0

J. Fireanns, Ve~ts, Personal Equipment: $ 0

4. Furniture: $ 0

5. Software: $ 0

6 Maintenance Costs: $ 0

7. Unifonns: $ 0

8. K9 Related Costs: S 0



D) SUPPLIES

1. Office Supplies: 0

2. Cellular Air Time' 0

J. Internet: $ 0

4. Otber (Provide Detail on Additional Sheet) : $ 0

TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $ 0

E) TRAVEL

1. Total In State Travel $ 0

a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: $ 0


a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: $ 0

3. Fuel: $ 0

4. Parking: $ 0

Fonn Paw 6114/11 Page 4

5. Olher (Provide Detail on Additional Sheet): $ 0


F) TRAINING

1. Fees (Conferences, Seminars): $ 0


3. Otber (Provide Detail on Additional Sheet): $ 0

TOTAL TRAINING PAm OUT o.F CHAPTER 59 FUNDS $ 0


1. Informant Costs: $ 0

2. Buy Money: $ 0



TOTAL INVESTIGATIVE COSTS PAID OUT O:F CHAPTER 59 FUNDS: $ 0


1. Total Prevention/Treatment Programs (pursuant to 59.06 (h), (1), (j): $ 0

2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (0)): $ 0

TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (11), (I), 0), (0), (0»: 0

J) FACILITY COSTS



3. Remodeling: $ 0


5. Utilities: $ 0


TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0

J) MISCE]~LANEOUS FEES

I. Court Costs: $ 0

2. filing Fees: $ 0

Form Dat~ 6114111 Page 5

K)

L)

M)

3, Insurance:

4. Witness Fees:

5. Audit Costs and Fees:

6. Other (Provide Detail on Additional Sheet):

TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS:

TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT:

TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions Of) additional sheet(s) and attach to this report):

TOTAL EXPENDITURES:

$ o

$ o

$ o

$ o

$ o

$ 594

$ o

$ 594

NOTE: Jfyou are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICATION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, 1 believe that this asset forfeiture report is true and correct and contains all of the required information.

COUNTY JUDGE, MAYOR or CITY MANAGER (Printed N arne):

SIGNATURE:

DATE:


:

I Dallas Count

v

I swear or affirm, under penalty of perjury, that I have accounted for the seizurc, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure, I further swear or affinn that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.


SIGNATURE:

Fonn Date 6114111

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711~2548 Attn: Kent Richardson (512)936-1348 kenLrichardson@Daag,state.tx.us


Audit completed by Dallas County Auditor &;"~~~!Jvt./ V-fJ

Form Date 6/1411] Page 7




Agency Mailing Address: 140 N. Garland Ave.

example:

Garland, TX 75040


County: Dallas

Email Address: This should be a penn anent agency email address [email protected]

N01'J.<:'.: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

SEIZED FUNDS "

A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period, Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the District Attorney's account.

B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the se-izureaffidavitrequired by Article 59.03 is sworn to by a peaceoftlcer employed by your agency.



C) Interest Earned on Se-ized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account.


E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds tbat are in an account held by another agency, e.g. the District Attorney's account.


Fonn Date 6114111

10/1/10 - 9/30/11

OJ/Olfll to 12/311l1, 09/01/10 10 08/3111] etc.

$

$

$

$

$

$

$

0

0

0

0

0

0

0

Page I

II.

A)

FORFEITED FUNDS

Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: Instructions: Do not include amounts forfeited hut not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $


D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: lnclurle amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period. $

E) Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From Total on Section VI. $

F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. $

III. OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section I1 (D) in the reponing year in which the proceeds are received.

Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into usc. RESPONDENTS


2) REAL PROPERTY (Count each parcel seized as 0 0 0

one item)

3) COMPUTERS (Include computer and attached 0 0

system components, such as printers and monitors, as 0 one item)

4) FIREARMS (Include only fircarms seized for 0 0 0 forfeiture under Chapter 59. Do not includeweapons disposed under Chapter 18.)

5) Other Property - Description: 0 0 0

-


-

Other Propeny -Description: 0 0 0

Form Date 6!14/11

29,883

o

o

o

3,124

26,759


0

0

0

0

0

0

0

Page 2

IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Entcr the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer.



C) Computers (the number of computers, not a currency amount); 0

D) Fireanns (the number of firearms, not a currency amount): 0








VI. EXI'ENDlTURES Instructions: This category is for Chapter S9 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category no! listed, stale the amount and nature of the expenditure under the Other category

A) SALARIES

1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): $ 0



TOTAL SALARIES PAID OUT OF CHAPTER S9 FUNDS: $ 0

B) OVERTIME



3. Number of Employees Prud Using Forfeiture Funds:

TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: $ 0

FOIIll Dote 6/14/11 Page 3

C) EQUIPMENT

l. Vehicles: $ 0

2. Computers: $ 0

3. Firearms, Vests, Personal Equipment: $ 2/483

4. Furniture: $ 0

5. Software: $ 0


7. Uniforms: $ 0

g. K9 Related Costs: $ 0


TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: $ 2,483

D) SUPPLIES

l. Office Supplies: $ 641


3. Internet: $ 0


TOTAL SUI'I>LIES PURCHASED WITH CHAPTER 59 FUNDS: $ 641

E) TRAVEL

l. Total In State Travel $ 0

a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: $ 0


a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: $ 0

3. Fuel: $ 0

4. Parking: $ 0

FonuDate 6114111 Page 4


TOTAL TR4. VEL PAID OUT OF CHAPTER 59 FUNDS: $ 0

F) TRAINING

L Fees (Conferences, Seminars): $ 0



TOTAL TRAINING PAID OUT OF CHAPTER S9 FUNDS $ 0


L Informant Costs: $ 0

2. Buy Money: $ 0



TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $ a

H) TOTAL PHEVENTlON/TREATMENT PROGRAMS/FINANCIAL ASSISTANCE

1. Total Preventionrrreatment Programs {pursuant to 59.06 (h), (1), (j): $ a

2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (0)); $ 0

TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (II), (I), (j), (n), (0»: 0

I) FACILITY COSTS



3. Remodeling: $ 0


5. Utilities: $ 0


TOTAL FACiLITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0


L Court Costs: $ 0

2. Filing Fees: $ 0

Form Date 611~lll Page 5

K)

L)

M)

3. Jnsurance:

4. Witness Fees:



TOTAL MISCELLANEOUS FEES PAID OUT 0:1<' CHAPTER 59 FUNDS:


TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions 011 additional sheet(s) and attach to this report):

TOTAL EXPENDITURES:

$ o

$ o

$ o

o

$ o

$ o

s o

$ 3,124

NOTE: !fyou are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICATION

1 swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, i.t has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information.


SIGNATURE:

DATE:


ns / Dallas'CountyJudge

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.


SIGNATURE:

Fonn Dale 6/14111 Page 6

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, 'IX 78711·2548 Attn: Kent Richardson (512)936.1348

ken [email protected]


Audit completed by Dallas County Auditor ~~ ¥ V p

Fonn Date 61)4/11 Page 7



Agency Name: Constable 3

Reporting Period: (local fiscal year)

Agency Mailing Address: 1411 W. Beltline

example:

Richardson, TX 75080


County: Dallas

Email Address: This should be a pennanent agency

craig. [email protected] email address

NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR,

I. SEIZED FUNDS





C) Interest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earne<! if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account.




10/1/10 - 9/30/11

01/01/11 to 12/31111, 09/01flO to 08J311l1 etc,

$ 2,740

$ 2,465

$ 0

$ 0

$ 0

$ 0

$ 5,205

Form Date 6114111 Page I

II,

A)

FORFEITED FUNDS

Beginning Balance; Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $

B) Amount Forfeited to and Received by Reporting Agency (Including lnterest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment offorfeiture. $


D) Proceeds Received by Your Agency From Sale of Forfeited Property: lnstruction!l: Include amounts received for all property sold during the reporting period, even if tbe subject property was forfeited in a prior reporting period. $

E) Total Expenditures of Forfeited Funds During Reporting Period: Instructions; From Total on Section VI. $

F)

III.

Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F.

OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures wbere a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received,

Please note - this should be a number not a SElZED FORFEITED TO RETURNED TO currency amount, Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into use. RESPONDENTS


2) REAL PROPERTI' (Count each parcel seized as 0 one item)

0 0

3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 0 0

one item)

4) FIREARMS (include only firearms seized for 0 1 0

forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.)

0 0 0 5) Other Property - Description:

~~"



-"'- ~

Fonn Date 6/!4/11

9,574

BOO

o

3,000

858

12,516


0

0

0

0

0

0

0

Page 2

IV.

V.

Vl.

A)

B)

C)

D)

E)

A)

B)

C)

D)

E)

FORFEITED PROPERTY RECEIVlm FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer.

Motor Vehicles (the number of vehicles, not a currency amount):

Real Property (the number of separate parcels of property, not a currency amount):

Computers (the number of computers, not a currency amount):

Fireanns (the number of fireamls, not a currency amount):

Other (the number of items, not a currency amount):

FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer


Real Property (the number of separate parcels of property, not a currency amount:


Firearms (the number offireanns, not a currency amount):


EXPENDITURES instructions: This category is for Cbapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your geneml budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category

A) SALARIES

1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements):

2. Salary Budgeted Solely From Forfeited Funds:


TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS:

B) OVERTIME

1. For Employees Budgeted by Governing Body:

2. For Employees Budgeted Solely out of Forfeiture funds:


TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS:

Form Date 6114111

o

o

o o

o

o

o

o

o

o

$ o

$ o

$ o

$ 0

$ 0

0

$ 0

Page 3

C) EQUIPMENT

1. Vehicles: $ 0

2. Computers: $ 0

3. Firearms, Vests, Personal Equipment: $ 0

4. Furniture: $ 0

5. Software: $ 0


7. Unifonns: $ 0



TOTAL EQuIPMENT PURCHASED WITH CHAPTER 59 FUNDS; $ 0

D) SUPPLIES



3. Internet: $ 0


TOTAL SUPI'LIES PURCHASED WITH CHAPTER 59 FUNDS: $ 0

E) TRAVEL


a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: $ 0


a) Lodging: $ 0

b) Air Fare: $ 0

c) Meals (including per diem); $ 0

d) Car Rental: $ 0

3. Fuel: $ 0

4. Parking: $ 0

Fonn Date 6114/l! Pa~ 4



F) TRAINING



3. Other (provide Detail on Additional Sheet): $ 0

TOTAL TRAINING PAlD OUT OJ, CHAPTER 59 FUNDS $ 0


1. lnfonnant Costs: $ 0

2. Buy Money: $ 0



TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS; $ 0


1. Total PreventionlTreatment Programs (pursuant to 59.06 (h), 0), (j): $ 0

2. Total Financial Assistance (pursuant to Articles 59,06 (n) and (0»: $ 0

TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (h), (I), 0), (n), (0»: 0

I) FACILITY COSTS



3. Remodeling: $ 0


5. Utilities: $ 0


TOTAL FACILITY COSTS I)AID OUT OF CHAPTER 59 FUNDS: S 0


1. Court Costs: $ 0

2. Filing Fees: $ 0

FormDate6/141l1 Page 5

K)

3. Insurance:

4. Witness Fees:





L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions on additional sheet(s) and attach to this report):

M) TOTAL EXI'ENDITURES:

$

$

$

o

o

o

o

$ o

$ 858

$ o

$ 858

NOTE: !fyou are governed by a Commissioners Court or a City Council, BOTH CERTIFICA TIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICATION

1 swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information.


x (

SIGNATURE:

DATE:


/ Dallas County Judge

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. 1 further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.


SIGNATURE:

Form Date 61]41]) Pag~ 6

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 A ttn: Kent Richardson

(512)936-1348 ken Lrichardson(d) 0 ago state. tx. us


Audit completed by Dallas County Auditor !I~tn~ d k 1*' ./ 11i'-v V r

FonnDale6/14111 Page 7




Agency Mailing Address: 630 W. Main St.

example:

Grand Prairie, TX 75050


County: Dallas

Email Address: This should be a permanent agency email address [email protected]

NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

1. SEIZED FUNDS





C) Interest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account


E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account held by another agency, c.g. the District Attorney's account.

F) Ending Balance: Instructions: Add lines A, B(I), and C, subtract lines D and E, put total in line F.

10/1/10 - 9/30/11

Ol/OJ/II to 12/3JIlI, 09/0111 0 to 08/31111 etc,

S

$

S

S

$

S

$

0

0

0

0

0

0

0

Form Date 6114111 Page I

II.

A)

FORFEITED FUNDS

Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on band (in YOUT agency's account or in your agency's possession) at beginning of the reporting period including interest Do not include funds that have been forfeited but not yet received by your agency_ $

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $

C) Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period, Do not include interest earned if funds are on deposit in an $ account that does not belong to your agency, e.g. the District Attorney's account.

D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, even jfthe subject property was forfeited in a prior reporting period. $

E) Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From Total on Section VI. $

F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. $

III. OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in whJch the proceeds are received.

Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into use. RESPONDENTS


2) REAL PROPERTY (Count each parcel seized as 0 0 0 one item)

3) COMPUTERS (Include computer and attached 0 0 0

system components, such as printers and monitors, as one item)

4) FIREARMS (lnclude only firearms seized for 0 0 0 forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.)

5) Other jlroperty - Description: 0 0 0


- -


~""'-

Form Date 6114fll

21,045

o

o

o

9,169

11,876

PUT lNTO USE BY AGENCY

0

0

0

0

0

0

0

Page 2

IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer


B) Real Property (the number of separate parcels ofpropcrty, not a currency amount): 0










VI. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes· not for expenditures made pursuant to your general budget. List the total amount expended for each ofthe following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category

A) SALARIES

1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): $ 0



TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $ 0

B) OVERTIME

1. For Employees Budgeted by Governing Body; $ 0



TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: $ 0

Form Date 6J1411 I Page 3

C) EQUIPMENT

L Vehicles: $ 0

2. Computers: $ 0


4. Furniture: $ 0

5. Software: $ 0


7. Unjforms~ $ 8,231




D) SUPPLIES

L Office Supplies: $ 0


3. Internet: $ 0



E) TRAVEL

L Total In State Travel $ 0

a) Lodging: $ 0

b) Air Fare: $ 0


d) Car Rental: $ 0


a) Lodging: $ 0

b) Air Farc: $ 0


d) Car Rental: $ 0

3. Fuel: $ 0

4. Parking: $ 0

fomlDatc6/141l1 Pag.e 4

5. Other (provide Detail on Additional Sheet): $ 0


F) TRAINING






1. Informant Costs: $ 0

2. Buy Money: $ 0



TOTAL INVESTIGATIVE COSTS PAID OUT OJ<" CHAPTER 59 FUNDS: $ 0


1. Total Prevention/Treatment Programs (pursuant to 59.06 (h), (I), (j): $ 0


TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL $ ASSISTANCE (pursuant to Articles 59.0(, (h), (I), 0), (n), (0)); 0

I) FACILITY COSTS



3. Remodeling: $ 0


5. Utilities: $ 0


TOTAL :FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0


1. Court Costs: $ 388

2. Filing Fees: $ 0

FmmDa!c6/J4/1I Page 5

K)

3. Insurance:

4. Witness Fees:



TOTAL MISCELLANEOUS FEES I)AID OUT OF CHAPTER 59 FUNDS:


L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions on additional sbeet(s) and attach to this report);

M) TOTAL EXPENDITURES:

$ o

$ o

$ o

$ o

$ 388

$ o

o

$ 9,169

NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTH'ICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICA TION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is tru~ and correct and contains all of the required information. \

COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name):

SIGNATURE:

DATE:


\

I Dallas County Judge



SIGNATURE:

FormDato61l4/11 Page 6

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 kent.ri [email protected],us


Audit completed by Dallas County Auditor ~M,~Ar--1W II f

Fonn Date 6114111 Page 7




Agency Mailing Address: 410 S. Beckley

example:

Dallas, TX 75203

Phone Number:

County: Dallas

Email Address: This should be a permanent agency

Beth. [email protected]

NOTE:: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

SEIZED FUNDS

A) Beginning Balance: Instructions; Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account, Do !lot include fundli' that are in an account held by another agency, e.g., the District Attorney's account.

B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59,03 is sworn to by a peace officer employed by your agency,

1) Amount seized and retained in your agency's custody,


C) lnterest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g, the District Attorney's account.

D) Amount Returned to DefendantsJRespondents:

E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account held by another agency, e.g. the District Attorney's account

F) Ending Balance: Instructions: Add lines A, B(l), and C,'subtract lines D and E, puttotaJ in Ijne F,

FurmDate6/141l1

10/1/10 - 9/30/11

0110]111 to 12/31/11, 09/01/10 to 08!3!!}] etc,

$

$

S

$

$

$

$

0

0

0

0

0

0

0

PBge I

II. FORFEITED FUNDS

A) Beginning Balance: Instructions: Include total.amount of forfeited funds that have been forfeited to your agency and arc on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been

11,989 forfeited but not yet received by your agency. $

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment offarfeiture. $ 0

C) Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an $ account that does not belong to your agency, e.g. the District Attorney's account. 0

D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period,

0 even if the subject property was forfeited in a prior reporting period. $

Ii) Total Expenditures of Forfeited Funds During Reporting Period: 4,016 Instructions: From Total on Section VI. $

F) Ending Balance: 7,973 Instructions: Add Jines A through D, subtract line E, place total in line F. S

III. OTHER PROPERTY Instructions: List the number of items seized for tbe following categories, Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From SaJe of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received.

Please note - this should be n uumber not n SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS I BY AGENCY forfeited and 0 cars put into use. RESPONDENTS

J) MOTOR VEHICLES (Include cars, motorcycles, 0 0 0 0 tractor trailers, etc,)

2) REAL PROPERTY (Count each parcel seized as 0 0 0 0 one item)

3) COMPUTERS (Include computer and attached ° 0 0 0 system components, such as printers and monitors, as one item)

4) FllillARMS (Include Duly fireanns seized for 0 0 0 0 forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.)

5) Other Property - Description: 0 0 0 0

-"'"'- -


-


-

Form Date 6/14/11 Page 2

IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Entcr the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer


B) Real Property (tbe number of separate parcels of property, not a currency amount): 0




V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer.





E) Other (the number ofiterns, not a currency amount): 0

VI. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes" not for expenditures made pursuant to your genera] budget. List the total amount expended for each oftbe following categories. 1f proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category

A) SALAlUES

1. lncrease of Salary, Expense, or Allowance for Employees (Salary Supplements): $ 0



TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $ 0

B) OVERTIME




TOTAL OVERTIME PAID OUT O:F CHAPTER 59 FUNDS: $ 0

Fonn Date 6fl4/l1 Page 3

C) EQUIPMENT

1. Vehicles: $ 0

2. Computers: $ 0


4. Furniture: $ 0

5. Software: $ 0


7. Uniforms: $ 2,467

8. K9 ReJated Costs: $ 0



0) SUPPLIES



3. Internet: $ 0


TOTAL SUPPLIES PURCHASED WITH CHAl'TER 59 FUNDS: $ 0

E) TRAVEL


a) Lodging: $ 0

b) Air Fare: $ 0

c) Meals (including per dlem): $ 0

d) Car Rental: S 0


a) Lodging: $ 0

b) Air Fare: $ 0

c) Meals (incltlding per diem); $ 0

d) Car Rental: $ 0

3. Fuel: $ 0

4. Parking: $ 0

Form Date 6/14/1] Page 4

5. Other (Provide Dctail on Additional Sheet): $ 0


>") TRAINING

1. .Fees (Conferences, Seminars); $ 834


3. Other (Provide Detail on Additional Sheet): S 0



1. lnfonnant Costs: $ 0

2. Buy Money: $ 0



TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: S 0

H) TOTAL PREVENTiON/TREATMENT PROGRAMSrFINANCIAL ASSISTANCE

1. Total Prevention/Treatment Programs (pursuant to 59.06 (h), (1), U): $ 0


TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (h), (I), (j), (n), (0»: 0

I) FACILITY COSTS

l. Building Purchase: $ 0


3. Remodeling: $ 0


5. Utilities: $ 0

6. Other (Provide Detail on Additional Sheet): S 0

TOTAL FACIUTY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0


1. Court Costs: $ 0

2. Filing Fees: $ 0

Fonn Date 6/14/11 Page 5

K)

3. Insurance:

4. Witness Fees:

5, Audit Costs and Fees:

6. Other (Provide Detai] on Additional Sheet):


TOTAL PAID TO COOPERATING AGENCY(lES) PURSUANT TO LOCAL AGREEMENT:

L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions on additional sheet(s) and attach to this report):

M) TOTAL EXPENDITURES:

$

s

$

s

o

o

o o

$ o

$ 715

$ o

$ 4,016

NOTE: !fyou are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICATION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required informatioll.


SIGNATURE:

DATE:


\ I

i~~ I /\ i Clay 14 sl Jerki l~ iL Dallas County Judge

, i\:1 Y /

Noveml5'er _v', J, p\~l

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law,


SIGNATURE:

Form Date 6/14/11 Page (,

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 [email protected]


Audit completed by Dallas County Auditor ~~ /~~~ tI~

FonnDat~6/J4!l1 Page 7


BY LA W ENFORCEMENT AGENCY

Agency Name: Clean Air Task Force

Reporting Period: (local fiscal year)

Agency Mailing Address: 501 Main St. #103

example:

Dallas, TX 75202


County: Dallas

Email Address: This should be a pennanent agency

Jerry. [email protected] email address

NOTE: PLEASE ROUND ALL nOLLAR l<'lGURES TO NEAREST WHOLE DOLLAR.

SEIZED }?UNDS


B) Seizures During Reporting Period; Jnstructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

1) Amount seized and retained-in your agency's custody.


C) Interest Earned on Seizcd Funds During Reporting Period: Instructions: Enter amount ofintcrest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an account that docs not belong to your agency, e.g. the District Attorney's account.


E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account beld by another agency, e.g. the District Attorney's account.

P) Ending Balance: Instructions: Add lines A, 8(1), and C, subtract lines D and E, put total in line F.

Form Date 61]4111

10/1/10 - 9/30/11

Oi/Ollll to 12/31111, 09/01110 to 08/31 /J J etc.

$ 27,586

$ 8,535

$ 0

$ 0

$ 1,200

$ 3,440

$ 31,481

Page I

II.

A)

FORFEITED FUNDS

Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on band (in your agency's account or in your agency's possession) at beginning oftbe reporting period induding interest, Do not include funds that have been forfeited but not yet received by your agency. $

B) Amount Forfeited to and Received by Reporting Agency (Including lnterest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $

C)

D)

E)

F)

III.

Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an account that ~oes not belong to your agency, e.g. the District Attorney's account.

Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reponing period.

Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From Total on Section VI.

Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F.

OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received.

$

$

$

$

Please note ~ this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into use. RESPONDENTS


2) REAL PROPERTY (Count each parcel seized as 0 one item)

0 0

3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 0 0 one item)

4) FlREARlvlS (Include only fireann~ seized for forfeiture under Chapter 59. Do not include weapons 0 0 0 disposed under Chapter 18.)

5) Other Property - Description: 0 0 0

Other Property -Description: 0 0 0 .- --

Other Property -Description: 0 0 0 _.

Form Date 6114111

11,738

9,091

0

0

9,067

11,762


0

0

0

0

0

0

0

Page 2

IV.

v.

VI.

A)

B)

C)

Il)

E)

A)

B)

C)

D)

E)

FORFEITED PROPERTY IU!:CEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer.

Motor Vehicles (the number ofvebicles, not a currency amount):

Real Property (the number of separate parcels of property, not a currency amount):


Firearms (the number of firearms, not a currency amount):


FORFEITED PROI'ERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer.


Real Property (the number of separate parcels of property, not a currency amount:


Firearms (the number offireanns, not a currency amount):


EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement pnrpuses - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category

A) SALARIES

1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements):

2. Salary Budgeted Solely From Forfeited Funds:


TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS:

B) OVERTIME

1. For Employees Budgeted by Governing Body:

2. For Employees Budgeted Solely out of Forfeiture Funds:


TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS:

FonnDate6Jl4111

o

o

o

o

o

o

o

o

o

o

$ o

$ o

$ o

$ o

$ o

$ o

Page 3

C) EQUIPMENT

1. Vehicles: $ 0

2. Computers: $ 0


4. Furniture: $ 0

5. Software: $ 0


7. Uniforms: $ 0




D) SUPPLIES



3. Internet: $ 0



E) TRAVEL

1. Total In State Travel $ 1,264

a) Lodging: $ 1,176

b) Air Fare: $ 0


d) Car Rental: $ 0

2. Total Out of State Travel $ 2,535

a) Lodging: $ 865

b) Air Fare: $ 1,565


d) Car Rental: $ 0

3. Fuel: $ 0

4. Parking: $ 95

Fonn Date 6/14/11 Page 4


TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: $ 3,974

F) TRAINING

1. Fees (Conferences, Seminars): $ 2,125

2. Materials (Books, CDs, Videos, etc,): $ 0


TOTAL TRAINING I)AID OUT OF CHAPTER 59 FUNDS $ 2,125


1. lnfonnanl Costs: $ 0

2. Buy Money: $ 0



TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0


1. Total Prevention/Treatment Programs (pursuant to 59.06 (h), (I), U): $ 0


TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (b), (I), (j), (n), (0)): 0

I) FACILITY COSTS

1. Building Purchase: 0

2. Lease Payments: 0

3. Remodeling: $ 0


5. Utilities: $ 0


TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: 0


1. Court Costs: $ 70

2. Filing Fees: $ 0

Fonn Date 6/J4fl J Page 5

3.

4.

5.

6.

K)

L)

M)

Insurance:

Witness Fees:

Audit Costs and Fees:

Other (Provide Detail on Additional Sheet):

TOtAL MISCELLANEOUS FEES PAm OUT OF CHAPTER 59 .FUNDS:


TOTAL OTHER PAID OUT OF CHAPTER 59 :FUNDS (provide detailed descriptions on additional sbeet(s) and attach· to this report);

TOTAL EXPENDITURES:

$ 0

$ 0

$ 0

0

$ 70

$ 2,898

$ o

NOTE: If you ar'e governed by a Commissioners Court or a City Council, BOTH CERTIFICA TIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification.

CERTIFICATION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unJess after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required

information.


SIGNATURE:

DATE:


(\ I \

1\

Cl/lI{lLe is Ie' k ns.-/ / Dallas County Judge I

/ ~VJ /A NO\iembEj r~ , 2011

U I I



SIGNATURE:

F(}nn Date 6/14/11 Page 6

DATE:

RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 kent.richardson(d), oag,state. tx. us


Audit completed by Dallas County Auditor ~ ~iv:Y\_/~iIv1.J V f

F!)ImDulc 61J41H Page 7

Dallas County Clean Air Task Force Chapter Fund 59 Report

Description Amount

Taxi/shuttle $ 80.00

Total Schedule E.5. $ 80.00

COURT ORDER ORDER NO . .-..;2~Oi-l--f-1-i1---jl~9i+8f1l.· +.l-DATE: November 15, 2011

STATE OF TEXAS

COUNTY OF DALLAS

§

§

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

on the 15th day of November ,2011, on motion made by

Jolm Wiley Price, District No, 3 and seconded by

_D=r-" -"E",I",b:'c'a~G:'c'a=r~c:=i=a",--=D-=i,",s><t-"r,-,i",cc't~N",o,,-,-. -.:4,,--_ the following order was adopted:

WHEREAS, the County and the City are a political sub-division of the State of Texas: and

WHEREAS, the City conducts a Fire Acadcmy ("Academy") at the Fire Training Center operated by Its Fire Rescue Department: and

WHEREAS, the county desires to enroll approximately 25 of its qualified employees as participants In the Academy scheduled to commence October 18, 20 11: and

WHEREAS, the Interlocal Cooperation Act of the Texas Government Code, Chapter 79 I, authorized any local government to contact with one or more local government to perform governmental function and services: and

WHEREAS, County and City desires to enter into an agreement whereby City will accept enrollment Of County employees as participants in the Fire Academy. which meets or exceeds the standards set by the Texas Commission on Fire Protection.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners' Court that the attached Agreement for [nterIocal Agreement is approved for the execution by the county Judge on behaIfofDallas County.

DONE IN OPEN COURT this the -:;;.::n--+.- November 20 II -~~~, .

Elba Garica, Comm. Dis!. #4

Recommended By: --,

. trator Dallas County

Recommended By: allas County Fire Marshal

INTERLOCAL AGREEMENT ("Agreement") FOR

PROVISION OF FIRE ACADEMY TRAINING BETWEEN

DALLAS COUNTY, TEXAS ("COUNTY") AND

THE CITY OF DESOTO, TEXAS ("CITY"),

WHEREAS, the County and City are political sub-divisions of the State of Texas; and

WHEREAS, the City conducts aFire Academy ("Academy") althe Fire Training Center operated by its Fire Rescue Department; and

WHEREAS, the County desires to enroll approximately 25 of its qualified employees as participants in the Academy scheduled to commence October 18, 20 II; and

WHEREAS, the Interlocal Cooperation Act of the Texas Government Code, Chapter 791, authorizes any local government to contract with one or more local governments to perform governmental functions and services; and

WHEREAS, County and City desire to enter into an agreement whereby City will accept enrollment of County employees as participants in the Fire Academy, which meets or exceeds the standards set by the Texas Commission on Fire Protection.

WITNESSETH:

I. RESPONSIBILITIES OF CITY:

A. City will accept up to 25 County employees (County Participant's) as recruits for participation in City's Fire Academy scheduled to start on October 18, 20 II.

B. All County Participants shall he provided the complete program as outlined in the Desoto Fire Academy Registration Packet attached and incorporated as Exhibit A to this Agreement.

II. RESPONSIBLITIES OF COUNTY:

A. County shall provide a written application for each County Participant and require each employee to comply with the requirements and conditions outlined in Exhibit A, except as to payment terms which are established in Section III of this Agreement.

III. COSTS:

A. County shall pay a total of $2,400.00 for each County Participant. This sum shall include the full tuition and any books.

IV. CONTRACT AMOUNT:

The total Contract Amount of this Agreement shall not exceed Sixty Thousand Dollars. ($60,000.00). The actual contract amount will depend on the number of County Participants enrolled (not to exceed 25) by October 18, 20 II.

FIRE ACADEMY ILA Page 1 of 4

V. PAYMENT FOR SERVICES:

Payments for County Participants shall be made to City by November 18, 2011.

VI. INDEPENDENT CONTRACTOR:

For the purposes of this Agreement and all services to be provided hereunder, tbe parties are independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations nor commitments of any kind, or to take any action which shall be binding on the other party, except as may be expressly provided for herein or anthorized in writing.

VII. TERM:

Term. The Term of this Agreement is to be consistent with the 2012 Evening Class Schedule commencing on October 18, 2011 through April 6, 2012.

Termination. This Agreement may be terminated for any reason by either party prior to October 18, 2011 upon written notice to the other party, or as mutually agreed in writing.

VIII. GOVERNING LAW:

This Agreement shall be governed by and interpreted in accordance with the laws of the State of l' ex as and any applicable federal laws.

IX. GENERAL COMPLIANCE RELATING TO RECORDS

A. Privacy Laws. Both parties shall safeguard and adhere to all confidentiality, privacy and security requirements according to the applicable federal, State and local rnles and regulations for the privacy and security of all information, including, without limitation, medical or health related information, accessed while performing under this Agreement.

B. Access to Records under this Agreement. All records maintained by the City relating to County Participants under this Agreement shall be available to the County for inspection and reproduction ..

X. INDEMNIFICATION:

All parties agree to be responsible for their own negligent acts or omissions or other tortions condnct in the course of performance of this Agreement, withont waiving any sovereign immunity, governmental immnnity or available defenses available to the parties under Texas law. Nothing in this paragraph shall be constrned 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 dnring the performance of this Agreement caused by the joint or comparative negligence of the parties, or their employees, ageuts or officers shall be determined in accordance with comparative responsibility laws of Texas.

XI. COUNTERPARTS, NUMBER/GENDER AND HEADlNGS


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.

XII. ENTIRE CONTRACT:

This Agreement constitutes the entire and only agreement between the parties relating to the services being provided bereunder, and all prior negotiations, representations, agreements and understandings are superseded hereby. No agreement altering or supplementing tbe terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.

XIII. SIGNATORY WARRANTY

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

CITY OF DESOTO, TEXAS DALLAS COUNTY, TEXAS

XDate: 10-/8 - /I RECOMMENDED BY:

* APPROVED AS TO FORM:

B. ief, Civil Division

Assistant District Attorney

\\ )) 0-------'

Date: November 15, 2011

* 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 afthis 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).


2011 ORDER NO, __ _


STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

COURT ORDER

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

the 15th day of _______ N_o_v_e_ffi_be_r __________ 2011, on motion made by

_J_o_lm ___ W_il_e~y_P_r_ic_e~,_C_omml __ ·s_s_i_on_e_r __ o_f __ D_is_t_r_i_c_t_N_o_, __ 3 ____________________ , and seconded by

_D_r_, __ E_lb_a __ G_,a_r_c_ia~,'__C_o_rrmn __ ' s_s_i_o_n_er __ o_f_D_i_st_r_i_c_t_N_o_, __ 4 ________ , the following Order was adopted:

WHEREAS, Amendment 4 of the 201 0 T ACAA - Oncor Energy Contract was discussed in Commissioners Court on November 8, 2011; and

WHEREAS, the Texas Association of Community Action Agencies, Inc. has amended Contract No. 3443-08-007, under which Dallas County Health and Human Services provides weatherization services for eligible Oncor Energy customers, extending the term of the contract to commence November 1,2011 and end October 31, 2012 and includes additional updates as outlined in the Amendment; and

WHEREAS, the amount of the Contract remains the same and includes funding for temporary staff as needed, and administration funds earned through the program may be utilized to purchase special equipment and vehicles as needed; and

WHEREAS, the recommendation included herein is consistent with the County's Strategic Plan Vision 2: Dallas County is a healthy community, by providing disease prevention, health promotion and human services programs to County residents; and

WHEREAS, the Commissioners Court must approve Amendment NO.4 to the Contract with the Texas Association of Community Action Agencies, Inc.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve Amendment 4 to the contract between Dallas County Health and Human Services and the Texas Association of Community Action Agencies, Inc. (Contract No. 3443-08-007), extending the contract term to commence November 1, 2011 and end October 31, 2012, for the provision of cost effective weatherization measures to eligible Oncor Energy customers.

DONE IN OPEN ~OI::lRT this the _1_5_tl_l ___ day of _-r"'-----_"_N_O_V_effi_b_e_r _____ _

, >< Clay Le is ~kins v X" I "

County I Ud~~ _---

Maurine Dickey Commissioner, District N

Mike Cantrell

~ ... ( -~~~~~~~~

;LZ' Wiley Price

missioner, istrict NO.3 Dr. Elba Garcia Commissioner, District No.4

Recommended by: ~~ £,!.S«u ¥a~""h'-'O'-:lIi'\llr'DP-'~s'-on'-','-:M',fi-re-c.=t-o-r,-,-H-:-e-a-,-ltC-h-a-n-dc--HCC-u-m-a-n-S=-e-rv-ic-e-s

Amendment Four to the Contract between

Texas Association of Community Action Agencies, inc. and

DALLAS COUNTY HEALTH AND HUMAN SERVICES

Contract No. 3443-0S"()07

The Texas Association of Community Action Agencies, Inc. ("Agency"), upon execution of this Amendment, hereby extends its Contract with Dallas County Health and Human Services ("Contractor"), effective November 1, 2011.

The Contract is modified for the following purposes:

• Extend the term of the contract.

• Update the minimum dwelling units to be weatherized with this allocation.

• Update the allocation.

• Limit program support to no more than 15 percent.

• Update the performance benchmarks.

In addition to the terms set forth in the original Contract, the Parties agree to amend the Contract as follows:

Section 2. Contract Period

The Contract extension period shall commence on November 1, 2011 and, unless earlier terminated, shall end on October 31, 2012. The Contract may be extended contingent upon availability of funds from Oncor Electric Delivery Company LLC (Oncor), satisfactory performance by the Contractor, and mutual agreement between the Parties.

Section 4. Scope of Work

Contractor shall provide weatherization services similar to the federally funded WAPs, unless otherwise instructed by Agency, to eligible Oncor customers (hereinafter "Participants") residing in Dallas County, in the Oncor service territory.

Section 5. Program Requirements and Responsibilities of Contractor

5.3 At minimum, Contractor will weatherize one hundred thirty-seven (137) dwelling units in the Oncor service territory counties specified in Section 4 of this Contract.

Section 6. Program Requirements and Responsibilities of Agency

6.1 For the Contract extension period, Agency shall provide Contractor up to $980,000.00 to provide cost effective weatherization measures to Oncor's eligible customers, contingent upon availability of funds from Oncor. If sufficient funds are not available, Agency shall

Amendment Four to Contract No. 3443-08·007 Page 1 of2

TACAA - Oncof

notify Contractor in writing within a reasonable time after such fact is determined. Agency shall then terminate this Contract.

Section 8. Compensation

8.2 Contractor will be entitled to compensation for materials, labor and program support used by the federally funded WAP Service Provider to install weatherization measures for up to $6,500 per weatherized Dwelling Unit. Agency may reimburse Contractor for program support costs of no more than 15 percent of total performance during the project period and up to 10 percent of the monthly invoice amount for administration. The amount paid to Contractor for administration shall not be included in the calculation of the $6,500 per Dwelling Unit cap or the calculation of the Whole House SIR. Contractor's program support costs shall be included in the calculation of the $6,500 per Dwelling Unit cap, but shall not be included in calculating the Whole House SIR.

Section 11. Recapture of Funds

11.1 As a benchmark for measuring performance goals, as of May 31, 2012, if the amount spent or encumbered is less than 35 percent of the 2012 Allocation, Agency may, after review with Contractor, reduce the funding of the remaining allocation by up to 20 percent of the 2012 Allocation.

11.2 By July 31, 2012, at least 65 percent of the 2012 Allocation shall be spent or encumbered. If not, Agency may, after review with Contractor, reduce the allocation by the amount that is not spent or encumbered.

When signed by both parties, this Contract Amendment is effective November 1, 2011, and, unless earlier terminated, shall end on October 31, 2012. All other provisions of the original contract not specifically amended herein are continued in full force and effect.

By their signatures below, the parties hereby bind themselves.

Amendment Four to Contract No. 3443-08~OO7 P~np.? nf?

Date

Date

. '-'j i '" ~/,/ ! $

_> I "

TACAA - One-Of

2U11 ORDER NO. ___ _

DATE: NJverJ:er 15, 2011

STATE OF TEXAS

COUNTY OF DALLAS

1983

§ §

§ §

COURT ORDER

/ I


the 15th day of _____ ----"N"'o:.:.v::;:em,::::b;:::e:=r __________ 2011, on motion made by

_J_o_hn_W_i_l~ey~P_r_ic_e~,_C_omm_·_s_sl_·o_n_e_r_o_f_D_i_st_r_i_c_t_N_o_._3 ___________ , and seconded by

_D_r_. _E_l_b_a_G_a_r_c_ia-','--C_omm~·~s.::.s=-i0c..n..ce:.::r-=-of=_.::Dc::i=s_"tr:.::i:.:c"'t--'N::,::o:..;.'--.:4 _____ , the following Order was adopted:

WHEREAS, the FY 2012 Department of State Health Services (DSHS) HOPWA renewal grant application was discussed in Commissioners Court on November 8, 2011; and

WHEREAS, Dallas County Health and Human Services, as Administrative Agency for DSHS Housing Opportunities for Persons with AIDS (HOPWA) funds, is responsible for completing the renewal grant application in the amount of $59,000, and submitting it to the DSHS; and

WHEREAS, the DSHS HOPWA grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV/AIDS and is consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community; and

WHEREAS, the Commissioners Court must approve submission of the FY 2012 DSHS HOPWA renewal grant application as reflected in the attachment.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve submission by the Administrative Agency of the FY 2012 DSHS HOPWA renewal grant application, as reflected in the attachment, to the Department of State Health Services.

DONE IN OPE~rlURT ,this the _1_5_tl_l __ day of

1 U-- ~~ November -/7

, ~~,......"2~ v--___________ _

"

Clay Lewi$ J€in ins CountyJu~

Maurine Dickey Commissioner, District No.

Mike Cantrell Commissioner, Dis

~::::----

~/;;l~~<; ~Ieypr~

,--",,_mmissioner, District NO.3 Dr. Elba Garcia Commissioner, District NO.4

Recommended by: . ~~ £)::,. s <A...> ~~~h~om'1~DP-is-'on-,~M~i~re-c~t-or-,7H7e-a~lt7h-a-n-d~H~um-a-n~S~e-rv-i~c-es-

FY 2012 Renewal Application

Housing Opportunities for Persons with AIDS (HOPWA)

November 15, 2011

Submitted By: Dallas County Commissioners Court

On Behalf of: Dallas Health Services Delivery Area

Sherman-Denison Health Service Delivery Area

TABL.E OF CONTENTS ORGANIZATION AND CONTENT

FORM A: FACE PAGE .......................................................... 3

FORM B: CONTACT PERSON INFORMATION ........................ .4

FORM C: ADMINISTRATIVE INFORMATION ................. , .......... 5

FORM D: PERFORMANCE MEASURES .................................. 6

FORM E: JUSTIFICATION FOR ADDITIONAL FUNDS ................ 7

HOPWA PROJECT SPONSOR DATA SHEET .............................. 8

CERTIFICATION OF CATEGORICAL EXCLUSION ..................... 15

HIV HOPWA ASSURANCES ................................................... 17

EXHIBIT A (1) FORM I: BUDGET SUMMARY ....... , ................ '" .................. 18

EXHIBIT A (2) FORM 1-5: CONTRACTUAL BUDGET CATEGORY DETAIL. ........ 19

2 HOPW A Renewal 2012

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Department of State Health Services FORM A: FACE PAGE - Renewal Guidance

This form requests basic information about the applicant and project, including the signature of the authorized representative. The face page is the cover page of the proposal and must be

completed in its entirety. By signing the face page you are also cerlifying to a/l of the assurances and cerlifications in this renewal.

APPLICANT INFORMATION

1) LEGAL BUSINESS NAME: Dallas County Health and Human Services

2) MAILING Address Information (include mailing address, street, city, county, state and zip code): Check if address change 2377 N. Stemmons Freeway, Suite 200, LB-16 Dallas, TX 75207-2710

3) PAYEE Name and Mailing Address (if different from above): Check if address change 407 Records Building n"I1,,~ T,,~,,~ 7S?O?-

4) Federal Tax 10 No. (9 digit), State of Texas Comptroller Vendor 10 No. (14 digit) or 75-6000905

Social Security Number (9 digit) :

0

0

*The applicant acknowledges, undelStands and agrees that the applicant's choice to use a social security number as tile vendor identification number for the contract, mav result in the social security number beina made Dublic via state open records reauests.

5) TYPE OF ENTITY (check all that apply): D City 0 Nonprofit Organization' 0 Individual [8J County 0 For Profit Organization' 0 FQHC D Other Political Subdivision 0 HUB Certified 0 State Controlled Institution of Higher Learning D State Agency 0 Community-Based Organization 0 Hospital D Indian Tribe 0 Minority Organization 0 Private

0 Faith Based (Nonprofit Org) 0 other (specify):

'If incorporated, provide 1O-digit charler number assigned by Secretary of State:

6) PROPOSED BUDGET PERIOD: Start Date: 02/01/2012 End Date: 01/31/2013

7) COUNTIES SERVED BY PROJECT: Cooke, Fannin, Grayson, Navarro

8) AMOUNT OF FUNDING REQUESTED: 59,000 10) PROJECT CONTACT PERSON

9) PROJECTED EXPENDITURES Name: Karin Petties

Does applicant's projected state or federal expenditures exceed Phone: 214-819-1841

$500,000 for applicant's current fiscal year (excluding amount. Fax: 214-819-6023

requested in line 8 above)? " E-mail: HIV.Grants@daliascount~.org

Yes [8J No 0 11) FINANCIAL OFFICER

Name: Virginia Porter "Projected expenditures should include funding for all activities including Phone: 214-653-6472 "pass through' federal funds from all state agencies and non project-related Fax: 214-653-7286 DSHS funds. E-mail: v~orter@dallascount~.org

'The facts affrmed by me in this proposal are truthful and I warrant that the applicant is in compliance with the assurances and certifications contained in APPENDIX A: DSHS Assurances and Certifications. I understand that the truthfulness of the tacts affirmed herein and the continuing compliance with these requirements are conditions precedent to the award of a contract. This document has been duly authorized by the governing body of the applicant and I (the person signing below) am authorized to represent the applicant.

12) AUTHORIZED Check if change 0 13) SIGNATU~2AU~REPRESENTATIVE REPRESENTATIVE

Name: Zachary Thompson ~ /~ Title: Director

14) .cATE I' ~ U Phone: 214-819-2101

Fax: 214-819-6022

E-mail: HIV. Grants@dallascount~. org November 15,2011

3 HOPWA Renewal 2012

I

fORM B: CONTACT PERSON INFORMATION

Legal Name of Applicant: Dallas County Health and Human Services

This form provides information about the appropriate program contacts in the applicant's organization in addffion to those on FORM A: FACE PAGE. If any of the following information changes during the term of the controct, please notify Susana Garcia, Contract Manager, in writing.

Executive Director: Zachary Thompson Mailing Address (incl. street, city, county, state, & zip):

Title: Director 2377 N. Stemmons Freeway, Suite 600 Phone: (214) 819-2101 Ext Dallas, TX 75207-2710

Fax: (214) 819-6023 . E-mail: HIV. Grantsi1l!da l1ascount~. org

Project Contact: Karin Petties • Mailing Address (incl. street, city, county, state, & zip):

Title: Assistant Director Grants 2377 N. Stemmons Freeway, Suite 200

Phone: (214) 819-1841 Ext Dallas, TX 75207-2710

Fax: (214) 819-6023 E-mail: HIV. [email protected]

Financial Reporting Virginia Porter Mailing Address (incl. street, city, county, state, & zip): -Title: County Auditor 407 Records Building

Phone: (214) 653-6472 Ext Dallas, TX 75202

Fax: (214) 653-7286 E-mail: [email protected]

URS Data Manager: Thomas Reed Mailing Address (incl. street, city, county, state, & zip):

Title: Data Analyst 2377 N. Stemmons Freeway, Suite 200

Phone: (214) 819-2094 Ext Dallas, TX 75207-2710

Fax: (214) 819-6023 E-mail: treed@da/lascounty.org

Planning Contact: Aurelio Rodgriguez Mailing Address (incl. street, city, county, state, & zip):

Title: Planning Council Manager 2377 N. Stemmons Freeway, Suite 200

Phone: (214) 819-1857 Ext. Dallas, TX 75207-2710

Fax: (214) 819-6023 E-mail: [email protected]

Clinical Services Contact: Vacant Mailing Address (incl. street, city, county, state, & zip): Title: Phone: Ext

Fax:

E-mail:


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fORM C: ADMINISTRATIVE INfORMATION· Renewal Guidance

This form provides information regarding identification and contract history on the applicant, executive management, project management, goveming board members, and/or principal officers. Respond to each request for information or provide the required supplemental document behind this form. If responses require multiple pages, identify the supporling pages/documentation with the applicable request.

Legal Name of Applicant: Dallas County Health and Human Services

Identifying Information

If there are no changes to any of the items below, check here and skip the next question in this section. IZl

1. The applicant shall attach the following information: If a Governmental Entity • Names (last, first, middle) and addresses for the officials who are authorized to enter into a contract on

behalf of the applicant.

If a Nonprofit or For profit Corporation • Full names (last, first, middle), addresses, telephone numbers, titles and occupation of members of the

Board of Directors or any other prinCipal officers. Indicate what offices are held by members (e.g. chairperson, president, vice-president, treasurer, etc.).

• Full names (last, first, middle), and addresses for each partner, officer, and director as well as the full names and addresses for each person who owns five percent (5%) or more of the stock if applicant is a for profit corporation.

Conflict of Interest and Contract History

If there are no changes to any of the items below, check here and skip the questions in this section. IZl

The applicant shall disclose any existing or potential conflict of interest relative to the performance of the requirements of this renewal application. Examples of potential conflicts may include an existing bUSiness or personal relationship between the applicant, its principal, or any affiliate or subcontractor, with DSHS, the participating agencies, or any other entity or person involved in any way in any project that is the subject of this renewal application. Similarly, any personal or business relationship between the applicant, the principals, or any affiliate or subcontractor, with any employee of DSHS, a partiCipating agency, or their respective suppliers, must be disclosed. Any such relationship that might be perceived or represented as a conflict shall be disclosed. Failure to disclose any such relationship may be cause for contract termination. If, following a review of this information, it is determined by DSHS that a conflict of interest exists, the applicant may be disqualified from further consideration for the renewal of a contract.

1. Does anyone in the applicant organization have an existing or potential conflict of interest relative to the performance of the requirements of this renewal application?

DYES o NO

If YES, detail any such relationship(s) that might be perceived or represented as a conflict. (Attach no more than one additional page.)

2. Has any member of applicant's executive management, project management, governing board or principal officers been employed by the State of Texas 24 months prior to the renewal application due date?

DYES o NO

If YES, indicate his/her name, social security number, job title, agency employed by, separation date, and reason for separation.

3. Is applicant or any member of applicant's executive management, project management, board members or principal officers:

Delinquent on any state, federal or other debt; Affiliated with an organization which is delinquent on any state, federal or other debt; or A default on an agreed repayment schedule with any funding organization?

DYES ONO If YES, please explain. (Attach no more than one additional page.)


FORM D: HOPWA PERFORMANCE MEASURES

Applicant agrees that performance measures(s) will be used to assess, in part, the applicant's effectiveness in providing the services described. Address a/l of the requirements (see PERFORMANCE MEASURES Guidelines) associated wffh the services proposed in this renewal application. A maximum of one additional page may be attached if needed.

HSDA - Dallas and ShermanlDenison Project SQonsor: Project SQonsor: Dallas County Health and Human Services - Your Health Clinic

Administrative Agency - Dallas County Health HOPWA Program Unit (Grayson, Cooke and Fannin Counties) and Human Services (DCHHS) (Navarro County) Term: February 1,2012 - January 31,2013 Tarqet Numbers Target Numbers

Number of households to receive TBRA: N/A 20

Number of households to receive STRMU: 2 20

Number of households to receive HOPWA- 2 40 funded Supportive Services

Number of households to receive Permanent NIA NIA Housing Placement


FORM E: Changes to HOPWA Funding Levels

The information provided below will be considered in future project years.

If your entity requires changes to funding levels to adequately provide services to clients, provide the following information:

1. Specify changes to funding levels by HSDA (i.e. increase in cumulative contract amount requested, changes to allocations due to HSDA needs); and

2. Summarize how the changes to your total project budget will impact your overall agency program goals.

A maximum of one additional page may be attached if needed.

The Administrative Agency (Dallas County Health and Human Services) is requesting additional funds (for future project years) on behalf of one of its two Project Sponsors.

Your Health Clinic, which represents the Grayson, Cooke and Fannin County area, has requested an additional $3,000 for their STRMU category. This would increase Your Health Clinic's overall allocation to $60,000 and increase the Dallas HSDA award to $62,000.

The additional funding is requested due to pattems currently seen that indicate the following: an increase in the number of people moving to Grayson, Cooke and Fannin County area; an increase in the number of people who are chronically unemployed; and a rise in the cost of utility services. Although Your Health Clinic has no waiting list now, the community continues to be impacted by the economic down turn. Your Health Clinic is prOjecting a need for future assistance.

Your Hea~h Clinic will increase their Performance Measure goals by six (6) households in the following categories: Number of Households to Receive STRMU and Number of Households to Receive HOPWA-funded Supportive Services.

There are no changes are requested to funding levels for our other Project Sponsor (Dallas County - HOPWA Unit) at this time.


Form I: Budget Instructions

HOPWA PROJECT SPONSOR DATA SHEET Febrllary 1,2012 to January 31, 2013

INSTRUCTIONS: The AA completes the Project Sponsor Data sheet on each HOPWA Project Sponsor and submits to DSHS no later than February 1 of each HOPW A project year and as changes ill Project Sponsors and cOlltract or budget amounts occur, via the reporting mailbox at Hivstdreport. [email protected].

Administrative Agency Date Submitted Revision: Dallas County Health and Human Services 11-lS-11 DYes ~No

Project Sponsor Agency Name Parent Company Name, if applicable Dallas County Health and Human Services - N/A HOPWAProgram Unit Administrative Agency Employer Identification Number (EIN) or Tax Identification Number (TIN): 75-6000905

Administrative Agency North American Industry Administrative Agency DUN & Central Contractor Classification System (NAlCS) Code: Bradstreet Number (DUNs): Registration: Is the

Administrative Agency CCR 92ll.20 073128597 status currently active:

~Yes DNo Name and Title of Contact at Proiect Sponsor Agency Charlotta Moaning, HOPW A Supervisor Email Address

cmoanill!!(a)dallascountv.org Business Address

2377 N. Stem moos Freeway, Suite 200, LB 16 City, County, State, Zip,

1 Dallas I Texas 175207-2710 Dallas Phone Number (with area codes) Fax Number (with area code)

K214) 819-2844] k214) 819-602~ Project Sponsor Employer Project Sponsor DUN & Bradstreet Identification Number (EIN) or ES-600090SI Number (DUNs): Tax Identification Number (TIN) . 1073128597

Project Sponsor North American Central Contractor Registration: Is the

921120 Project Sponsor CCR status cnrrently Industry Classification System active: (NAICS) Code ~Yes DNo Congressional District of Business

3"', 5th, 24'", 26", 30th

, and 328d Congressional Districts Location of Sponsor Congressional District(s) of Primary Service Area(s} 6th Conl/res.ionai District Zip Code(s)·of Primary Service Area(s) See Attachment # 1 for DCHHS - HOPWA Program Unit

City(ies) of Primary Service County(ies) of Primary Sel'Vice Are. Area(s) See Attacbment # 1 for DSHHS- See Attachment # Hor DCHHS-

HOPWA Program Unit HOPWA Prol!ram Unit Method of Payment:

Total HOPW A contract amount for $2,000 D Unit RatelFee for Service this Organization ~ Cost Reimbursement

D Otber, specify Is the sponsor a nonprofit DYes ~ No organization? If yes, is sponsor faith-based organization? DYes D No

If yes, is sponsor grassroots organization? DYes D No


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I Select all that a I to th I sponsor NI A

pp Y o· ect I 0 Minority Organization j cpr J

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o Minority Provider o Historically Underutilized Business (HUB) Certified Selection process for project o Competitive RFP sponsor I lZJ Sole source

i 0 Single Source Organization's Website Address Does your organization maintain a waiting list policy?

DYes 0 No N/A with STRMU Services www.dallascountv.org

If yes, please attach a copy of the waiting list policy.

Assurances: I certify that this subcontractor has not:

lZJ I Been suspended by DSHS or is delinquent on a repayment agreement to DSHS;

lZJ i Had a contract terminated by DSHS for cause;

I6'l I Had a required license or certification revoked that is required to carry out the terms of the subcontract; and

I6'l I Voluntarily surrendered any license issued by DSHS within the past three (3) years. I certify that the following is in place:

I6'l I6'l

I6'l I6'l I6'l

I Subcontract is in writing, developed to be consistent with the DSHS contract, and signed by both parties; I Programmatic and financial review of subcontractor is conducted in accordance with applicable Office of

I M anagement an uoget Clrcu ar; dB d (OMB)· I Procedures used to advertise and award these funds meet the minimum standards required by OMB;

Subcontractor receives a written report of the results of all monitoring activities conducted; and Appropriate corrective action steps are taken when subcontractor is not in compliance with contract terms.

Program Activity Amount Budgeted for Project Period

Special Note: Please note electronic submission is acceptable of this fonn. The signature of Form A: face page certifies to all of the information indicated in the Project Sponsor Data sheet is true and accurate.

1 Minority Organization is one whose Board of Directors is made up of50% racial or ethnic minority members. 2 Minority provider is defmed as:

• has documented history of providing service to the targeted racial/ethnic minority community(ies) to be served; and

• located in or near the targeted racial/ethnic minority community they are intended to serve; and • has documented linkages to the targeted racial/ethnic minority populations, so that they can help close the

gap in access to services for highly impacted communities of color; and provides services in a manner that is culturally and linguistically appropriate.

3 Includes Supportive Services provided in conjunction and not in conjunction with HOPW A housing assistance.

9 HOPWARenewal2012

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Attachment # 1 Dallas County Health and Human Services - HOPWA Program

Project Sponsor Data Sheet for 2012

Zip Code(s) of Primary Service Area(s) City(ies) and Conntv(ies) ofPrimarv Service Area(s) 75102 Barry, Navarro Co. 75105 Chatfield, Navarro Co. 75109 Corsicana, Navarro Co. 75110 Corsicana, Navarro Co. 75144 Kerens, Navarro Co. 75151 Corsicana, Navarro Co. 75153 Powell, Navarro Co. 75155 Rice, Navarro Co. 76626 Blooming Grove, Navarro Co. 76639 Dawson, Navarro Co. 76641 Frost, Navarro Co. 76679 Purdon, Navarro Co. 76681 Richland, Navarro Co.


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HOPWA PROJECT SPONSOR DATA SHEET February 1, 2012to January 31, 2013

INSTRUCTIONS: The AA completes the Project Sponsor Data sheet on each HOPWA Project Sponsor and submits to DSHS no later than February 1 of each HOPW A project year and lIS

changes in Project Sponsors and contract or budget amounts occur, via the reporting mailbox at [email protected].

I Administrative Agency Date Submitted Revision: , Dallas County Health and Human Services (DCHHS) 11-15-11 DYes [SI No

Project Sponsor Agency Name Parent Company Name, if applicable Yon r Health Clinic N/A

Administrative Agency Employer Identification Number (EIN) or Tax Identification Number (TIN): 75-6000905

Administrative Agency North American Industry Administrative Agency DUN & Central Contraclor Registration: Is the

Classification System (NAICS) Code: Bradstreet Number (DUNs): Administrative Agency CCR

921120 073128597 status currently active: [SI Yes oNo

Name and Title of Contact at Gwynne Paimore, Executive Director . Project Spousor Agency I Email Address [email protected]

Business Address 303 Sunset Blvd.

City, County, State, Zip, Sherman 1 Grayson 1 TX 175092

Phone Number (with area codes) r03.891.19721 Fax Number (with area code) 903.892.6093

Project Sponsor Employer 175-239575~ Project Sponsor DUN & Bradstreet Identification Number (EIN) or Number (DUNs): 879477875 Tax Identification Number (TIN)

Project Sponsor North American Central Contractor Registration: Is the

Industry Classification System 621498 Project Sponsor CCR status currently

active: (NArCS) Code

[SI Yes oNo Congressional District of Business 4m Congressional District Location of Sponsor Congressional District(s) of 4'", 13'", and 26'" Congressional Districts Primary Service Area(s) Zip Code(s) of Primary Service See Attacbment #2 for YHC Area(s)

City(ies) of Primary Service See Attachment #2 for YHC CouDty(ies) of Primary Service Area: Area(s) See Attachment #2 for YHC

Method ofPaymeot : Total HOPW A contract amount for $57,000.00 o Unit RatolFee for Service this Organization [SICost Reimbursement

o Other, specifY Is the sponsor a nonprofit ~Yes oNo organization? If yes, is sponsor faith-based organization? DYes [g] No

If yes, is sponsor grassroots organization? DYes [SI No Select all tbat apply to the project bd Minority Organization sponsor N/A o Minority Provider'

o Historically Underutilized Business (HUB) Certified

4 Minority Organization is one whose Board of Directors is made up of 50% racial or ethnic minority members. 11 HOPW A Renewal 2012

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Selection process for project sponsor

o Competitive RFP ~ Sole source o Single Source

Organization's Website Address I Does your organization maintain a waiting list policy?

I ~Yes ONo www.arcot.org

If es, lease attach a copy of the waiting list policy. See Attachment #3

Assurances: h' certify that t IS subcontractor has not:

~ Been suspended by DSHS or is delinquent on a repayment agreement to DSHS;

~ Had a contract tenninated by DSHS for cause;

~ Had a required license or certification revoked that is required to carry out the telTIlS of the subcontract; and '[8J Voluntarily surrendered any license issued by DSHS within the past three (3) years. i I certify that the following is in place:

~ Subcontract is in writing, developed to be consistent with the DSHS contract, and signed by both parties;

I~ I Programmatic and fmancial review of subcontractor is conducted in accordance with applicable Office of [~ Management and Budget (OMS) circular;

~ Procedures used to advertise and award these funds meet the minimum standards required by OMB circular;

~ Subcontractor receives a written report of the results of all monitoring activities conducted; and I ~ I Appropnate correctIve actlOn steps are taken when subcontractor IS not III comphance WIth contract tenus.

Program Activity Amount

Special Note: Please note electronic submission is acceptable of this form. The signature of Form A: face page certifies to all of the information indicated in the Project Sponsor Data sheet is true and accurate.

5 Minority provider is defmed as: • has documented history of providing service to the targeted racial/ethnic minority community(ies) to be

served; and • located in or near the targeted racial/ethnic minority community they are intended to serve; and • has documented linkages to the targeted racial/ethnic minority populations, so that they can help close the

gap in access to services for highly impacted communities of color; and provides services in a manner that is culturally and linguistically appropriate.

6 Includes Supportive Services provided in conjunction and not in conjunction with HOPWA housing assistance. 12 HOPWA Renewal 2012

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Attachment # 2 Your Health Clinic

Project Sponsor Data Sheet for 2011

Zip Code(s) of Primary Service Area(s) City(ies) and County(ies) of Primary Service Area(s) 75020 Denison, Grayson Co. 75021 Denison, Grayson Co. 75058 Gunter, Grayson Co. 75076 Pottsboro, Grayson Co. 75090 Sherman, Grayson Co. 75091 Sherman, Grayson Co. 75092 Sherman, Grayson Co. 75414 Bells, Grayson Co. 75459 Howe, Grayson Co. 75489 Tom Bean, Grayson Co. 75491 Whitewright, Grayson Co. 75495 VanAlstyne, Grayson Co. 76233 Collinsville, Grayson Co.

176245 Gordonville, Grayson Co. 76264 Sadler, Grayson Co. 76268 Southmayd, Grayson Co. 76271 Tioga, Grayson Co. 76273 Whitesboro, Grayson Co. 75413 Bailey, Fannin Co. 75418 Bonham, Fannin Co. 75438 Dodd City, Fannin Co. 75439 Ector, Fannin Co. 75443 Gober, Fannin Co. 75446 Honey Grove, Fannin Co.

175447 Ivanhoe, Fannin Co. 75449 Ladonia, Fannin Co. 75452 Leonard, Fannin Co. 75475 Randolph, Fannin Co. 75476 Ravenna, Fannin Co. 75479 Savoy, Fannin Co. 75488 Telephone, Fannin Co. 75490 Trenton, Fannin Co. 75492 Windom, Fannin Co. 76238 Era, Cooke Co. 76240 Gainesville, Cooke Co. 76241 Gainesville, Cooke Co. 76250 Lindsay, Cooke Co. 76252 Muenster, Cooke Co. 76253 Myra, Cooke Co. 76263 Rosston, Cooke Co. 76272 Valley View, Cooke Co.


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(14) WAIT LISTS

ATTACHMENT #3 YOUR HEALTH CLINIC

POLICY FOR WAIT LISTS

It is the policy of Your Health Clinic (YHC) to assist mY/AIDS clients of Grayson, Cooke and Fannin Connties with long-term rental assistance (TBRA) with funding from the HOPWA grant. At the time that funds or spaces are not available, a waiting list will go into effect. This waiting list policy will be as follows:

First Come, First Served: YHC's DSHS HOPWA wait list for the above listed connties is to be maintained on a first come, first served basis. The wait list will reflect the name and date of each eligible applicant as they are added onto the wait list. All eligible applicants on the waiting list will complete a HOPWA application that will reflect the client's name and the date when this client was placed on the HOPWA waiting list.

Additions to the Wait List: Only eligible persons residing in Grayson, Cooke and Fannin Connty area will be added to the wait list.

Open Waiting List: The waiting list will not be closed nnless it is determined by YHC's HOPW A case manager and. the Executive Director that to keep the list open would create false hope due to the extreme length of the list and the unforeseeable amonnt of time to receive assistance. It will also be the determination of the HOPW A case manager and the Executive Director when the waiting list will re-open.

Up-to-Date Contact Information and Filling Vacancies: It will be the client's responsibility to keep the agency informed of any changes in their contact numbers and address. This can be accomplished either by phone or in writing. The agency will have no obligation to locate the eligible client on the wait list if that client has not provided up-to-date contact information. The agency will contact the client when an opening occurs to arrange an appointment to complete the process for rental assistance. The client will have fourteen (14) days to respond. Documentation of attempted contacts will be maintained in the client's file. If the eligible client has not responded within the time permitted, a second and final attempt to contact the client will be made, with an additional fourteen (14) days to respond. If the eligible client does not respond in the required time, that client will be deleted from the wait list. The next eligible client on the wait list will be contacted.

This policy is only for tenant based rental assistance. The agency's short-term rental assistance does not/will not have a waiting list.


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Certification of Categorical Exclusion (not subject to 58.5) Determination of activities listed at 24 CFR 58.35(b)

May be subject to provisions of Sec 58.6, as applicable

Administrative Agency (Grant Recipient): Dallas County Health and Human Services Project Sponsor (Subrecipient): Dallas County Health and Human Services -

HOPWA Program Unit Project Name: Housing Opportunities for Persons with AIDSIHIV CHOPWA) Project Description (Include all actions which are either geographically or functionally related): Administration, supportive services, short-term rent, mortgage and utility payments to prevent homelessness for persons with AIDS/HIV.

Location: Funding Source: funding Amount:

2377 North Stemmons Freeway, Suite 200, LB-16, Dallas, TX 75207 State HOPW A grant $2,000 Grant Number: TXH12F999

I hereby certify that the abovementioned project has been reviewed and determined to be a C . all E I d d ( b' 585) 24CFR5835(b) [,11 ategonc Iy "xc u e activity not su ~lect to per as 0 ows:

1. Tenant-based rental assistance; X 2. Supportive services including, but not limited to, health care, housing services, permanent

housing placement, day care, nutritional services, short -term payments for rent/mortgage/utility costs, and assistance in gaining access to local, State, and Federal government benefits and services; 3. Operating costs including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training and recruitment and other incidental costs; 4. Economic development activities, including but not limited to, equipment purchase, inventory financing, interest subsidy, operaring expenses and similar costs not associated with construction or expansion of existing operations; 5. Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction, including closing costs and down payment assistance, interest buy downs, and similar activities that result in the transfer of title. 6. Affordable housing pre-development costs including legal, conSUlting, developer and other costs related to obtaining site options, project fmancing, administrative costs and fees for loan commitments, zoning approvals, and other related activities wbich do not have a physical imnact. 7. Approval of supplemental assistance (including insurance or guarantee) to a project previously approved under this part, if the approval is made by the same responsible entity that conducted the enviromnental review on the original project and re-evalnation of the enviromnental findings is not required under Sec. 58.47.

If your project falls mto any of the above categones, no Request for Release of Funds (RROF) IS

required, and no further enviromnental approval from HUD will be needed by the recipient for the draw-down of funds to carry out exempt activities and projects. The responsible entity must maintain this document as a written record of the enviromnental review undertaken under this part for each project.

By signing below the Responsible Entity certifies in writing that each activity or project is Categorically Excluded (not subject to 58.5) and meets the conditions specified for such determination per section 24 CFR 58.35(b). Please keep a copy of this determination in your project files.

24 CFR 58.35(b)· ERR Document l2/04b Region VI

(Printed)

(Date)

Zac Thorn son Director DSHS Responsible Entity Certifying Official Name


~! /\

Certification of Categorical Exclusion (not subject to 58.5) Determination of activities listed at 24 CFR 58.35(b)

May be subject to provisions of Sec 58.6, as applicable

Administrative Agency (Grant Recipient): Dallas County Health and Human Services Project Sponsor (Subrecipient): Your Health Clinic Project Name: Housing Opportunities for Persons with AIDSIHIV (HOPW A) Project Description (Include all actions which are either geographically or functionally related): Administration, supportive services, short-term rent, mortgage and utility payments to prevent homelessness and tenant-based rental assistance for persons with AIDSIHIV

Location: Funding Source: r'unding Amount:

303 Sunset Blvd., Sherman, Texas 75092 State HOPW A grant $57,000 Grant Number: TXH12F999

I hereby certifY that the abovementioned project has been reviewed and determined to be a C . all E I d d ( b' 585) 24 CFR 58 35(b) f:i II ategonc y xcu e actlvlty not su ~ect to per as 0 ows:

X 1. Tenant-based rental assistance; X 2. Supportive services including, but not limited to, health care, housing services, permanent

housing placement, day care, nutritional services, short-term payments for rent/mortgage/utility costs, and assistance in gaining access to local, State, and Federal government benefits and services; 3. Operating costs including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training and recruitment and other incidental costs; 4. Economic development activities, including but not limited to, equipment purchase, inventory fmancing, ioterest subsidy, operatiog expenses and similar costs not associated with construction or expansion of existing operations; 5. Activities to assist homebuyers to purchase existing dwelling units or dwelliog units under construction, inc1uding closing costs and down payment assistance) interest buy downs, and similar activities that result io the transfer of title. 6. Affordable housiog pre-development costs iocluding legal, consultiog, developer and other costs related to obtaioiog site options, project fmancing, admioistrative costs and fees for loan commitments, zoning approvals, and other related activities which do not have a physical impact. 7. Approval of supplemental assistance (includiog iosurance or guarantee) to a project previously approved under this part, if the approval is made by the same responsible entity that conducted the environmental review on the original project and re-evaluation of the environmental fmdings is not reqnired under Sec. 58.47.

If your project falls mto any of the above categones, no Request for Release of Funds (RROF) IS

required, and no further environmental approval from HUD will be needed by the recipient for the draw-down of funds to carry out exempt activities and projects. The responsible entity must maintain this document as a written record of the environmental review undertaken under this part for each project.

By signing below the Responsible Entity certifies in writing that each activity or project is Categorically Excluded (not subject to 58.5) and meets the conditions specified for such determination per section 24 CFR 5835(b). Please keep a copy of this determination in your project files.

, ;' 24 CFR 58.35(b) - ERR DoOum iJf 12/04b Region VI

16

Zach Thom son Director DSHS Responsible Entity CertifYiog Official Name

HOPWA Renewal 2012

mv HOPW A ASSURANCES AND REQUIREMENTS

The signature on face page also certifies that all below requirements and assurances shall be followed by each Administrative Agency and their subcontractors.

mv CONTRACTOR ASSURANCES All contractors shall abide by all policies and assurances of the HIV/STD Prevention and Care Branch that apply to the programs being provided. The HIV Contractor Assurances are located on the HIV website at: http://www.dshs.state.tx.us/hivstd/funding/docs/HIVContractorAssurances.pdf.Alist of policies applicable to all HIV and STD contractors is provided at the agency's website at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm.

DSHS ASSURANCE AND CERTIFICATIONS All contractors shall abide by the DSHS Assurance and Certifications located at: http://online.dshs.state.tx.us/finance/cscul08assurances.doc

Administrative Agencies shall assure the following activities take place within each Project Sponsor:

1. 100% of clients receiving HOPW A housing assistance shall receive case management services. 2. All HOPW A clients shall have a comprehensive housing plan that includes periodic contact with a

case manageribenefits counselor and a primary care physician. 3. Project Sponsors shall document local demand for housing needs beyond their current capacity and

have a written policy that outlines the agency's response to such demand. The documentation of local demand for housing needs is to be done through the use of waiting lists that are to be updated every six (6) months indicating the date persons were added and removed.


FORM I: BUDGET SUMMARY (REQUIRED)

Legal Name of Respondent: IbaliasCounty Health <ll1dHumal1 Services

Total DSHS Funds Direct Federal Other State Local Funding Other

Cost Categories Budget Requested Funds Agency Funds* Sources Funds

(1 ) (2) (3) (4) (5) (6)

Percentage of Funding 100% 100%

A. Personnel $0 $ ~ ~ :g B. Fringe Benefits $( $ $( $( $ C. Travel $( $ $( $( ${

D. Equipment $(

E. Supplies $( $ $0 :g $ F. Contractual $59,OO( $59,00 $( $( $ G. Other $( $ :g $J $ H. Total Direct Costs $59,00( $59,OO( ~ :g ~ I. Indirect Costs $(

J. Total (Sum of H and I) $59,00( $59,00( $0 :g $

K. Program Income - $( $( $( $ Proiected Earnings

NOTE: The "Total Budget" amount for the Equipment and Indirect Costs Categories will have to be aliocated (entered) manually among the funding Sources. Enter amounts in whole dollars. After amounts have been entered for each funding source, verify that the "Total Budget" amount (coillmn 1Lequals the "Check Total" below. Check Total For: Equipment = $0 Indirect Costs = $0

$0 :g :g

:g :g $[

~(

:g $(

'Lelter(s) of good standing that validate the respondent's programmatic, administrative, and financial capability must be placed after this form if respondent receives any funding from state agencies other than DSHS related to this project. If the respondent is a state agency or institution of higher education, letter(s) of good standing are not required. DO NOT include funding from other state agencies in column 4 or Federal sources in column 3 that is not related to activities being funded by this DSHS project.

18

10/26/2011 DSHS HOPWA FY 2012 Revised: 7/6/2009

FORM 1·5: CONTRACTUAl.. Budget Category Detail Form

Legal Name of Respondent: Illi:IH~i>:_~(')_ijnty Health ar:!1;I_Hum~JL§:wvices --,

List contracts for services related to the scope of war!< thnl is to be provided by a third pRrty. If a third party is not yet identified, describe the service to be CQnlfdc(ed and show ccmtrac\ors as "To 8e Named: Justification for any contract that delegates $100,000 or more of the scope of me prOject In me respondent S lUn<:hn request, must Oe atlacnea oenmo 1111$ 1erm

CONTRACTOR NAME 058 D77 076 055 472

(Agency or Individual) DESCRIPTION OF SERVICES {Scope of Work) Justification Administrative

STRMU TBRA Supportive Permanent TOTAL Costs Services Housing

DCHHS - HOPWA Unit Project Sponsor will provide Short Term Rent HOPWA funds must be utilized for STRMU, and Mortgage and Utilities assistance (STRMU), and Support Services. 7% is the maximum allowed Support Services to People Living with HIV/AIDS for administrative costs (PLWHA) and their families. $131.00 $1,027.00 $0.00 $842.00 $0.00 $2,000

Your Health Clinic Project Sponsor wi!! provide Tenant-Based Rental HQPWA funds must be utilized for STRMU, Assistance (TBRA) Short Term Rent, Mortgage TBRA, and Support Services 7% ;s the and Utilities assistance (STRMU). and Support maximum allowed for administrative costs Services to People living with H!V/AIDS (PlWHA) and their families. $3,729.00 $6.725.00 $38,029.00 $8,517.00 $0.00 $57,000

$0 --- - ... $0 -$0 $D $0 -$0 $0 -_. -

~-TOTAL FROM CONTRACTUAL SUPPLEMENTAL BUDGET SHEE $0

I $59,0001

19

1012612011 DSHS HOPWA FY 2012 Revised: 7/6/2009

ORDER NO, _2_0_1_1_ DATE: N:JvaTter 15, 2011

STATE OF TEXAS

COUNTY OF DALLAS

1981

§ §

§ §

COURT ORDER


the 15th day of _______ N_o_v_em_b_e_r __________ 2011, on motion made by

_J_o_lill_W_i_le __ y_p_r_ic_e_, __ C_omm_i_s_s_io_n_e_r_o_f_D_i_st_r_i_c_t_N_O_._3 _____________ , and seconded by

_D_r_, _E_l_b_a_G_,a_r_c_ia_,_C_oIllIlU __ ' s_s_io_n_e_r_of_D_i_s_tr_i_c_t_N_o_._4 ______ , the following Order was adopted:

WHEREAS, the revised Housing Choice Voucher Program Administrative Plan was discussed in Commissioners Court on November 8,2011; and

WHEREAS, Dallas County Health and Human Services (DCHHS) is required by the U.S. Department of Housing and Urban Development, as specified in 24 CFR 982.54, to revise the Administrative Plan; and

WHEREAS, the DCHHS Section 8 Housing Choice Voucher Program is in compliance with Vision 2: Dal/as County is a healthy community; Strategy 2.1, Provide exceptional disease prevention, health promotion and Human Service programs to the citizens of Dallas County; and

WHEREAS, the revised Section 8 Administrative Plan which incorporates the revisions and additions as listed in Attachment A, requires the approval of the Commissioners Court.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the revised Dallas County Health and Human Services Housing Choice Voucher Program Administrative Plan, inclusive of the revisions listed in Attachment A and highlighted in the attached Plan document.

.\

DONE IN OPEN COURT\this the 15th day of _(---:7",N"",9JLeIll=b-,-er=-~ __ -:7"""-~a: __ ( )

~

John iley Price

Maurine . ey Commissioner, District Nt)

Mike Cantrell Commissioner, Distric o. 2

Com issioner, District NO.3 Dr. Elba Garcia Commissioner, District No.4

R,wmmood,d by' ~""L-"-"":::;Z~~-,-~~):,.=-=-s;_",,,->~--,-,-_--,-,-_---,,-__ Za ,lary TholilPson, 6irector, Health and Human Services

Dallas County Health and Human Services - Housing Division

Housing Choice Voucher Program Revision to Administrative Plan (October 28,2011)

• Added to Table of Content - Clay Jenkins, County Judge and Dr. Elba Garcia (Page vi)

• Added to Section II - ... A. Accepting Applications [24 CFR 982.204] 2. Applications for the Housing Program can be made on-line, or in person,

according to the method described in HA's advertisement. Reasonable accommodation will be made as described in HA advertisement for those persons with disabilities. (Page 4)

• Added to Section" - ... B. Establishing the Waiting List 1 . All applicants will be placed on the waiting list based on the date and time of

receipt of a completed application. 2. Receipt of all applications will be acknowledged by letter or postcard. The

letter or postcard will advise applicants that it is their responsibility to notify DCHA of any change of address. If this notice is retumed as undeliverable, it will be placed in the applicant's file. The applicant will remain on the waiting list.

3. DCHA does not purge the waiting list. Applicants will remain active until their number reaches the top of the waiting list. (Page 4)

• Added to Section 111- .. .A. Waiting List Family Breakup [24 CFR 982.204(a)] When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application with a new application date when the waiting list is opened.

If a family breaks up into two otherwise eligible families while receiving assistance, only one of the new families will continue to be assisted. In the absence of a judicial decision or an agreement among the original family members, the PHA will consider the following factors in determining which family retains their placement on the waiting list or will continue to receive assistance:

(1) the interest of any minor children, including custody arrangements; (2) the interest of any ill, elderly or disabled family members; (3) any possible risks to family members as a result of domestic violence or

criminal activity: and (4) the recommendations of social service professionals. (Page 5)

• Added to Section iii - ... B. Scheduling the Eligibility Interview 4. Applicants that are withdrawn from the waiting list for failing to respond to any

notice from HA will not be reinstated unless the reason for their failure to respond is verified to be related to their disability. A response must be

received from the applicant no later than six month from the date of the initial letter.

5. Applicants with disabilities may request that the interview be conducted in their home or at some other convenient location if the nature of their disability is such that they cannot reasonably be expected to come to the Housing Program office.

6. The appointment letter will inform the applicant of the necessarv documents needed to determine eligibility. family composition. income, citizenship or eligible immigrant status, and deductions. Applicants must be prepared to authorize a release of information so third party written verification can be obtained. (Page 6)

• Added to Section 111- ... C. Conducting the Eligibility Interview [24 CFR 982.201 (4) £1 (Page 6) D. Determining Eligibility [24 CFR 982.201] (Page 7) E. Grounds for Denial [24 CFR 982.552 and CFR 553J (Page 9) F. Informal Reviews [24 CFR 982.554] (Page 10)

• Added to Section IV B. - ... 3. (see Portability Section V [J] Page 20) (Page 13)

• Added to Section V F. - ... 3. If the proposed unit does not meet HQS, the HA will advise the owner of the repairs that must be made to bring the unit into compliance. If the owner is present at the initial inspection he/she will be provided with a HQS checklist that will specify the repairs that are needed to meet housing quality standards.

4. If the unit is not ready for the ihitial inspection, it is at the discretion of the tenant to seek a new unit or request a re-inspection of that unit. If the tenant request a reinspection, the HA will schedule an inspection after being notified by the owner that the unit is ready. (Page 17)

Added to Section V J. - ... 1. Where family can lease a unit with tenant-based assistance [24 CFR 982.353]

(a) Assistance in the initial PHA jurisdiction. The family may receive tenantbased assistance to lease a unit located anywhere in the jurisdiction (as determined by State and local law) of the initial PHA. HUD may nevertheless restrict the family's right to lease such a unit anywhere in such jurisdiction if HUD determines that limitations on a family's opportunity to select among available units in that jurisdiction are appropriate to achieve desegregation goals in accordance with obligations generated by a court order or consent decree.

(b) Portabilitv: Assistance outside the initial PHA jurisdiction. Subject to paragraph (c) of this section, and to 982.552 and 982.553, a voucher-holder or participant family has the right to receive tenant-based voucher assistance in accordance with requirements of this part to lease a unit outside the initial PHA jurisdiction, anywhere in the United States, in the jurisdiction of a PHA with a tenant-based program under this part. The

initial PHA must not provide such portable assistance for a participant if the family has moved out of its assisted unit in violation of the lease.

(e) Nonresident applicants. (1) This paragraph (c) applies if neither the household head or spouse of an assisted family already had a "domicile" (legal residence) in the jurisdiction of the initial PHA at the time when the family first submitted an application for participation in the program to the initial PHA. (Page 20)

2. DCHA may only deny a family's reguest to move if it has grounds to do so under the program regulations which are as follows [See PIH 2011- 3 Page 12);

a) If the household head or spouse of an assisted family did not have a "domicile" (legal residence) in the jurisdiction of DCHA program at the time when the family first submitted an application for participation in the DCHA program (see 24 CFR 982.353 (c ). Non-resident applicant)

b) The family's action or failure to act as described in 24 CFR 982.552 or 982.553;

c) The family is an applicant and is not income eligible in the area in which they wish to initially lease a unit as described in 24 CFR 982.353(d)(1);

d) The requested move does not comply with DCHA policies on the timing and freguency of moves in accordance with 24 CFR 982.314(c)(2);

e) DCHA does not have sufficient funding for continued assistance to support the move in accordance with 24 CFR 982.314(e)(1).

f) DCHA will deny a family's request to move if the family has moved out of its assisted unit in violation of the lease. However. as noted in HUD Notice PIH 2007 -5, the Violence Against Women and Justice Department Reauthorization Act 2005 (VAWA2005) amended section 8(r) of the U.S. Housing Act to provide an exception to the prohibition against a family moving under the portability provisions in violation. VAWA 2005 provides that the family may receive a voucher and move in violation of the lease under the portability procedures if the family has complied with all other obligations of the voucher program and has moved out of the assisted dwelling unit in order to protect the health or safety of an individual who is or has been the victim of violence (see page 3 of the Administrative Plan Section I-C).

3) The family will not be allowed to port to another HA within the same jurisdiction, with exception regarding conflict of interest with DCHA. If the receiving HA cannot or will not absorb the porting family, the receiving HA must bill the initial HA for the HAP payment and the approved percentage of the administrative fee.

4) When a family wishes to move into the jurisdiction of HA with a voucher issued by another housing authority. HA will absorb the participant into the program if there is sufficient budget authority available. If the budget authority is insufficient, HA will administer the unit for the originating housing authority until budget authority is available, at which time the participant will be absorbed into the HA's program [24 CFR 982.355 (d). (Pages 20-21)

• Added to Section VI. A. - ... 7. If the family chooses to relocate during his or her annual reexamination and finds a new unit where the family's adjusted annual income exceed the gross rent or the payment standard, the family will be allowed to choose from one of the following options;

• Remain in the current unit if still eligible for housing assistance. • Remain in the current unit without housing assistance if self sufficient for a

period of 180 days and if the landlord agrees. • Locate another unit if the voucher has not expired. • Terminate housing assistance. (Page 22)

• Added to Section VII. B. - ... [Ref: PIH 2011-2 (HA)]Addition of New Household Member

1. A participant requesting to add a new household member that is six years of age or under and has an assigned SSN must disclose the assigned SSN and provide PHA with documentation at the time of request. If family is unable to provide documentation, the PHA must not add the new household member until such documentation has been provided.

2. A participant requesting to add a new household member that is six years of age or under and does not have an assigned SSN will be given 90 calendar days to provide PHA with documentation of the assigned SSN. The child is to be included as part of the assisted household during this time period.

If documentation is not received within 90 calendar days, the PHA will grant the family an additional 90 days if the PHA determines that non-compliance was due to unforeseen circumstances (i.e. natural disaster, fire, death in family, etc.). If the family has not complied upon expiration of the allotted time period, the PHA must terminate the family's housing assistance. (Page 25)

• Added to Section VII. C. - ... Family Separations [24 CFR 982.3151 (page 26) • Added to Section VII. D. - ... Family Absences from the Assisted Unit [24 CFR

982.3121 (page 26) • Added to Section VII. E. - ... Family Moves with Continued Assistance [24 CFR

982.3141 ... 2. (Certificate program) (page 26)

• Added to Section X. H. - ... 1. Rescheduling Repayment Agreement

a) Execute another Repayment Agreement combining all amounts owed. b) Require payment in full of all other outstanding debts prior to executing

another Repayment Agreement. c) Require payment in full of all debts owed to the HA and process termination

in addition to collecting the amounts owed.

• Determination regarding the execution of additional Repayment Agreements will be based on the family's history of repayment and willingness to satisfy the debt. The final decision is at the discretion of the Housing Agency. (Page 37)

• Added to Section X. H. - .... 4. Accounting Treatment of Fraud Recovery

• Fraud Cases Investigated by OIG: Payments received will be credited to account receivable. If. after due process, payment is deemed uncollectable and is still outstanding past one year then HA will recognize the amount as bad debt and necessarv accounting entries to credit accounts receivable and debit bad debt account will be made.

• Fraud Cases Involving Re-payment agreements: Payments received will be credited to account receivable. However, if client is terminated then HA will deem the un-paid portion of the re-payment agreement as uncollectible and recognize the amount as bad debt. In this case accounts receivable will be credited and bad debt account will be debited. (Pages 37-38)

• Added to Section X. I. - ... 1. b. Overpayments

Payments received will be credited to account receivable. If, after due process, payment is deemed uncollectable and is still outstanding past one year then HA will recognize the amount as bad debt and necessarv accounting entries to credit accounts receivable and debit bad debt account will be made. (Page 38)

• Updated - FY2012 Interim Appropriations (Pages 35-36) • Updated - Exhibit B - Income Limits (Page 52) • Updated - Exhibit J - Utility Allowances (Pages 78-79) • Updated - Exhibit K - Fair Market Rent (Pages 80-82)

Revisions are denoted with underline text.


HOUSING CHOICE VOUCHER PROGRAM

ADMINISTRATIVE PLAN

Dallas County Housing Agency 2377 North Stemmons Freeway, Suite 700

Dallas, Texas 75207-2710

Zachary S. Thompson, Director

October 28, 2011

HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN

Table of Contents

GOAL .............................................................................................................................................. V

ORGANIZATION CHART ............................................................................................................... VI

Section I. Introduction .............................................................................................................. 1 A. EQUAL OPPORTUNITY ....................................................................................................... 1 B. The Quality Housing and Work Responsibility Act of 1998 (QHWRA) and Merger of the

Certificate and Voucher Program ....................................................................................... 3 C. Violence Against Women and Justice Department Reauthorization Act of 2005

(VAWA) [Public Law 109-162] ............................................................................................. 3

Section II. Applications and Waiting List Management ......................................................... .4 A. Accepting Applications [24 CFR 982.204] ........................................................................ .4 B. Establishing the Waiting List. ............................................................................................. 4 C. Applicant Selection [24 CFR 982.203] ......................................................•......................... 4

Section III. Eligibility and Verification of Family Circumstances ............................................ 5 A. Waiting List Family Breakup [24 CFR 982.204(a)] ............................................................. 5 B. Scheduling the Eligibility Interview .................................................................................... 6 C. Conducting the Eligibility Interview [24 CFR 982.201 (4) c] .............................................. 6 D. Determining Eligibility [24 CFR 982.201J ........................................................................... 7 E. Grounds for Denial [24 CFR 982.552 and 24 CFR 553] .................................................... 9 F. Informal Reviews [24 CFR 982.554] .................................................................................. 10

Section IV. Issuing Housing Choice Vouchers ....................................................................... 11 A. Subsidy Standards [24 CFR 982.54(d)(9)] ........................................................................ 11 B. Issuing Housing Choice Vouchers [24 CFR982.204(d) and 24 CFR 982.54( d)(2)] ......... 12 C. Term of the Housing Choice Voucher [24 CFR 982.303 and 24 CFR 982.54 (d)(2)] ...... 13 D. Assistance to Families Subjected to Illegal Discrimination [24 CFR 982.304] .............. 13

Section V. Leasing Units ......................................................................................................... 14 A. Contract and Relationship ................................................................................................ 14 B. Owner Requests for Information [24 CFR 982.301] ........................................................ 14 C. Request for Tenancy Approval [24 CFR 982.302] ........................................................... 14 D. Housing Types [24 CFR 982.353] ..................................................................................... 15 E. Rents - Housing Choice Voucher Program [24CFR 982.503] ......................................... 15 F. Unit Inspections [24 CFR 982.401] ................................................................................... 17 G. HQS Enforcement [24 CFR 982.406] ................................................................................ 17 H. Disapproval of ownerllandlord [24 CFR 982.306] ............................................................ 18 I. Termination of Landlords [24 CFR 982.453] .................................................................... 19 J. Portability [24 CFR 982.353] ............................................................................................. 20

Section VI. Annual Functions .................................................................................................. 21 A. Re-certification of Family Eligibility [24 CFR 982.516] .................................................... 21 B. Annual Inspection of Units [24 CFR 982.405(a)] .............................................................. 23

ii

C. Rent Increases [24 CFR 982.519 (b)] ................................................................................ 23 D. Rent Reasonableness [24 CFR 982.507 and 24 CFR 982.256] ........................................ 23

Section VII. Changes in Family Size, Family Separations, Absences, and Moves ................ 24 A. Changes in Family Size [24 CFR 982.505 (5)] .................................................................. 24 B. Addition of New Household Member [24 CFR 5.216] .............................................. 25 C. Family Separations [24 CFR 982.315] .............................................................................. 26 D. Family Absences from the Assisted Unit [24 CFR 982.312J .......................................... 26 E. Family Moves with Continued Assistance [24 CFR 982.314] ........................................ 26

Section VIII. Evictions and Owner Obligation ........................................................................... 27 A. Evictions [24 CFR 982.31 0] .............................................................................................. 27 B. Owner Obligation [24 CFR 982.404] ................................................................................. 27

Section IX. Family Obligation, and Terminations of Assistance, and Informal Hearings [24 CFR 982.551, 24 CFR 552, and 24 CFR 553] ................................................... 28

A. Obligation of participant (Family) [24 CFR 982.551] ....................................................... 28 B. Terminations [24 CFR 982.551,24 CFR 552, and 24 CFR 553] ....................................... 29 C. Informal Hearings [24 CFR 982.555] ................................................................................ 30

Section X. Program Management ........................................................................................... 31 A. LeaSing Units ..................................................................................................................... 31 B. Payment of Utility Allowance [24 CFR 5.632 (b) 2] .......................................................... 31 C. Revising Utility Allowance Schedules ............................................................................. 31 D. Revising Voucher Payment Standards ............................................................................ 32 E. Internal Control Procedures ............................................................................................. 32 F. Administrative Fee Reserve ............................................................................................. 34 G. Renewal Funding and Line-item Appropriations ............................................................ 34 H. Fraud Recovery [24 CFR 792.201 (Subpart B)] ................................................................ 36 I. HAP Disbursements .......................................................................................................... 38 J. Termination of HAP Contract Insufficient Funding [24 CFR 982.454] ........................... 39

Section XI. Family Self Sufficiency Program Financial Management [24 CFR Part 984J ..... 39

Section XII. Home Ownership Program .................................................................................... 39 A. Overview and Operations ................................................................................................. 39 B. Financial Management [24 CFR 982.625J ......................................................................... 44

Section XIII. Expanding Housing Opportunities Through Mobility Counseling ..................... 44

Section XIV. Resident Advisory Board ...................................................................................... 44

Section XV. Disposition of Property (equipment and furniture over $5,000) ........................ .45

Section XVI - Definitions .............................................................................................................. 46

Exhibit A - Landlord Briefing Packet .......................................................................................... 51 Exhibit B - Income Limits ............................................................................................................ 52 Exhibit C - Income Assets ........................................................................................................... 52 Exhibit D - Briefing Package Contents ....................................................................................... 56 Exhibit. E - Portability Procedures and Accounting System ..................................................... 57 Exhibit F -Initial Inspection of Units [24 CFR 982.305] ............................................................. 61

iii

Exhibit G - Annual Inspection of Units [24 CFR 982.404 - 982.405, & 24 CFR 983.204] ........... 62 Exhibit H - Reportable Income that is excluded from 50058 ..................................................... 63 Exhibit I - Special Programs ........................................................................................................ 65 Exhibit J - Utility Allowances .................................................................................................... 78 Exhibit K - Fair Market Rent ........................................................................................................ 80 Exhibit L - Landlord Briefing Supplement.. ..................................................................... 83 Exhibit M - Closure of Overpayment Form ...................................................................... 85 Exhibit N - Public Law 111-22, Effective Date May 20, 2009 TITLE VII--PROTECTING TENANTS

AT FORECLOSURE ACT ............................................................................................. 86 Exhibit 0 - The HA Action to Reduce HCV Program Costs. [PIH 2009-441 ............................... 87 Exhibit P-Code of Conduct .......................................................................................................... 90

iv

Administrative Plan Dallas County Housing Choice Voucher Program

This Administrative Plan provides the guidelines for the operation of Dallas County's Housing Choice Voucher Program. Administration of this program is in compliance with the Department of Housing and Urban Development (HUD) regulations as specified in 24 CFR, HUD directives, Dallas County policy, and this Plan. Dallas County complies with all Federal, State and local housing regulations.

Goal

The goal is to provide decent, safe and sanitary housing to very low-income families otherwise incapable of obtaining adequate housing. The number of families served is limited only by the funding available through local, state and national programs, Dallas County's budget, and the availability of adequate housing.

v

Organization Chart

Dallas County Housing Agency (DCHA) is part of the Dallas County System governed by the Dallas County Commissioners Court. DCHA is located within the Human Services Division of the Dallas County Health and Human Services Department. DCHA is managed by Assistant Director of Housing, who is accountable to the Director.

Dallas County Commissioners Court Cia}! Jenkins, Count}! Judge

John W. Price Mike Cantrell Maurine Dickey Dr. Elba Garcia

Dallas County Health and Human Services Zachary S. Thompson, Director

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Dallas County Housing Agency Financial Administration Assistant Director of Housing Assistant Director of Finance,

Thomas O. Lewis Budget and Contract Ganesh Shivaramaiyer

Housing Supervisor Grants Manager Cristina Velez Masooma Hyder

Housing Choice Voucher Program Housing Choice Voucher Financial Staff Staff

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Dallas County Housing Voucher Program

Housing Choice Voucher Administrative Plan

Section I. Introduction

This Administrative Plan has been prepared by the Dallas County Housing Agency in conformance with the requirements of 24 CFR 982.54. Certain procedural elements of the Housing process are described in administrative procedures referenced in this Plan. This Plan does not duplicate the requirements of the regulations cited below under which the program is administered. Rather, the plan indicates how the Dallas County Housing Agency is administering those aspects of the program left by HUD to the HA's discretion.

The plan sets forth HA's policies for the administration of the program in accordance with the requirements of the U. S. Department of Housing and Urban Development (HUD). Those requirements are incorporated by reference and not dupl'icated herein, as follows:

24 CFR 5 Definition of Income, Income Limits, Rent, and Regular Reexamination of Family Income for the Section 8 Housing Assistance Payments Program and other Related Programs

24 CFR 982 Section 8 Tenant-Based Assistance: Housing Choice Voucher Program

24 CFR 984 Section 8 and Public Housing Family Self-Sufficiency Program

24 CFR 985 Section 8 Management Assessment Program (SEMAP)

The Plan is presented in the sequence in which events usually occur in the Housing process. It is intended only to establish local policies for administration of the program, and should not be considered an exhaustive treatment of the procedures by which these policies are implemented. The Plan is to be implemented using separate standard operating procedures which may be referenced in the Plan.

A. EQUAL OPPORTUNITY

1. FAIR HOUSING

It is the policy of the HA to comply fully with all Federal, State, and local nondiscrimination laws, including but not limited to, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the U. S. Department of Housing and Urban Development regulations governing Fair Housing and Equal Opportunity.

No person shall, on the ground of race, color, sex, religion, national origin, familial status, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to, discrimination under any HA housing programs.

To further its commitment to full compliance with applicable Civil Rights laws, the HA will provide Federal/Stateliocal information to applicants for and

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participants in the Housing Program regarding unlawful discrimination and any recourse available to them if they believe they may be victims of discrimination. Such information will be made available with the application, and all applicable Fair Housing Information and Discrimination Complaint forms will be made available at the HA office. In addition, all written information and advertisements will contain the appropriate Equal Opportunity language and logo.

The HA will assist any family that believes they have suffered illegal discrimination by providing them copies of the housing discrimination form. The HA will also assist them in completing the form, if requested, and will provide them with the address of the nearest HUD Office of Fair Housing and Equal Opportunity.

2. Reasonable Accommodation [24 CFR 8.20,8.21,8.24,8.28 and 8.33]

Sometimes, people with disabilities may need a reasonable accommodation in order to take full advantage of the HA housing programs and related services. When such accommodations are granted, they do not confer special treatment or advantage for the person with a disability; rather, they make the program fully accessible to them in a way that would otherwise not be possible due to their disability. This policy clarifies how people can request accommodations and the guidelines the HA will follow in determining whether it is reasonable to provide a requested accommodation. Because disabilities are not always apparent, the HA will ensure that all applicants/participants are aware of the opportunity to request reasonable accommodations through information provided at the client briefing.

A request for reasonable accommodation must be submitted in writing by the person with the disability, a family member or someone who is acting on behalf of the person with the disability. The request must be in a manner that a reasonable person would understand it to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. The HA will obtain information in the form of third party verification, from a medical professional in the field of the disability. That is necessary to evaluate if requested reasonable accommodation may be necessary because of the disability. To show that requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual's disability. Information obtained will be kept confidential unless disclosure is required by law (e.g. a court-issued subpoena requiring disclosure). The HA will give appropriate consideration to each request for reasonable accommodation. The HA may deny a request if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request may be denied if providing the accommodation is not reasonable. Through the annual reexamination process, an assessment will be made of the need to continue the accommodation, if applicable.

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B. The Quality Housing and Work Responsibility Act of 1998 (QHWRA) and Merger of the Certificate and Voucher Program

In October 1998, Congress passed housing reform legislation, including a full merger of the certificate and voucher programs. This legislation eliminated all differences, and required that the subsidy types merge into one housing choice voucher program.

In May 1999, HUD published an interim rule providing for the complete merger of the certificate and voucher program. This interim rule was effective October 1, 1999, which is known as the merger date.

C. Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA) [Public Law 109-162]

In accordance with VAWA, it is the policy of the HA to protect clients and family members of clients who are victims of domestic violence, dating violence, or stalking, from being evicted or terminated from housing assistance based on acts of such violence against them.

Criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of a client's household or any guest or other person under the client's control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the client or an immediate member of the client's family is the victim or threatened victim of that abuse. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease by the victim or threatened victim of that violence, and will not be "good cause" for termination of the assistance, tenancy, or occupancy rights of a victim of such violence.

A client must certify on a HUD form that he/she is a victim of domestic violence, dating violence, or stalking, and that the incident or incidences in question are bona fide incidences of such actual or threatened abuse. On the certification form, the individual must provide the name of the perpetrator. In addition to the certification form, a client must provide the HA: (1) a police record or court record, or; (2) documentation signed and attested to by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional from whom the victim has sought assistance in addressing domestic violence in which the professional attests under penalty of perjury to the belief that the incident or incidents in question are bona fide incidents and the victim has signed or attested to the document. The certification is due within 14 business days after the request is received by the victim.

If the individual does not provide the required form and supportive documentation by the 14th business day, or any extension of the date provided by the HA, none of the protections afforded to the victim of domestic violence, dating violence, or stalking, will apply.

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Section II. Applications and Waiting List Management

A. Accepting Applications [24 CFR 982.204]

1. HA's waiting list for the Housing Choice Program will remain closed until the HA determines that the number of applicants remaining on the list is insufficient to provide all the applicants needed for the next 12 months. The number needed will be based on the number of vouchers available or expected to become available over the next twelve months, the experience of the HA regarding the number of applicants who are expected to successfully complete the process of establishing their eligibility, and the number of eligible applicants who are expected to successfully lease units under the Housing Program. The HA's goal is to keep its utilization rate as high as possible.

2. Applications for the Housing Program can be made on-line, or in person, according to the method described in HA's advertisement. Reasonable accommodation will be made as described in HA advertisement for those persons with disabilities.

3. Applicants are placed on the waiting list based on the date and time of receipt of a completed application.

4. Any decision to close the waiting list, or to reopen the waiting list, will be recommended by HA's Executive Director.

5. The HA will determine that the list will reopen and public notice of the opening will be made in the local newspaper of general circulation, and through such other media as determined necessary to reach potentially eligible households not otherwise likely to apply. The public notice will state the dates and times and the method by which applications will be accepted.

B. Establishing the Waiting List

1 All applicants will be placed on the waiting list based on the date and time of receipt of a completed application.

2. Receipt of all applications will be acknowledged by letter or postcard. The letter or postcard will advise applicants that it is their responsibility to notify DCHA of any change of address. If this notice is returned as undeliverable, it will be placed in the applicant's file. The applicant will remain on the waiting list.

3. DCHA does not purge the waiting list. Applicants will remain active until their number reaches the top of the waiting list.

C. Applicant Selection [24 CFR 982.203]

1. Notwithstanding, an applicant based on time and date, the HA will select applicants from the waiting list in such a way as to ensure that at least 75% of the applicants admitted to the Housing Choice Voucher Program during any fiscal year are at or below the Extremely Low Income (ELI) limit -- 30% of the

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median income for the Metropolitan Statistical Area-at the time of admission,

• At least 75% of the units leased through the voucher program in any fiscal year shall be provided to families with incomes below 30% of area median income; and

• Up to 25% of the units leased during the same period may be to families with incomes between 31 % and 50% of area median income,

2, This income tier targeting requirement does not apply to a low-income family that is "continuously assisted" under the 1937 Act, or to a low-income or moderate income family that is displaced as a result of the prepayment of the mortgage, or voluntary termination of an insurance contract on project-based eligible low-income housing, The family is considered "continuously assisted" if the family is already receiving assistance under any 1937 Act Program when the family is admitted to the voucher program, [24 CFR 982.203]

Section III. Eligibility and Verification of Family Circumstances

A. Waiting List Family Breakup [24 CFR 982.204(a)]

When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application with a new application date when the waiting list is opened.

If a family breaks up into two otherwise eligible families while receIving assistance, only one of the new families will continue to be assisted. In the absence of a iudicial decision or an agreement among the original family members, the PHA will consider the following factors in determining which family retains their placement on the waiting list or will continue to receive assistance:

(1) the interest of any minor children, including custody arrangements;

(2) the interest of any ill, elderly or disabled family members;

(3) any possible risks to family members as a result of domestic violence or criminal activity; and

(4) the recommendations of social service professionals.

B. Scheduling the Eligibility Interview

1, When Housing Choice Vouchers become available, eligibility interviews will be scheduled for the applicants at the top of the waiting list

2, Prior to sending the appointment letter, the HA will check the applicant names against its log of Housing Program reimbursement agreements and the other

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housing agency accounts payable system to determine whether the applicant has past due balances owed to the HA. No applicant will be admitted to the Housing program who owes money to any HA. A letter will be sent to the applicant advising that the balance must be paid in full. After the balance is paid in full, the applicant can re-apply to the program when the waiting list is opened.

3. Intake appointments for eligibility interviews will be scheduled by letter. The letter will direct the applicant to call for another appointment if the time scheduled is not convenient. If the applicant does not appear for the interview or telephone to request another interview, ten days after the second Jetter has been mailed, the applicant's name will be withdrawn from the waiting list. [24 CFR 982.204 (cll

4. Applicants that are withdrawn from the waiting list for failing to respond to any notice from HA will not be reinstated unless the reason for their failure to respond is verified to be related to their disability. A response must be received from the applicant no later than six month from the date of the initial letter.

5. Applicants with disabilities may reguest that the interview be conducted in their home or at some other convenient location if the nature of their disability is such that they cannot reasonably be expected to come to the Housing Program office.

6. The appointment letter will inform the applicant of the necessary documents needed to determine eligibility, family composition, income, citizenship or eligible immigrant status, and deductions. Applicants must be prepared to authorize a release of information so third party written verification can be obtained.

C. Conducting the Eligibility interview [24 CFR 982.201 (4) cJ

1. Applicants will complete an application form, providing all information required on the HUO-50058. The application will be signed by all adult members of the household.

2. Applicants will be required to provide third-party documentation of the family composition (e.g. birth certificates, evidence of naturalization, etc.). If elderly applicant is at least 62 years of age and does not have a birth certificate, DCHA will accept social security records, official school records or receipt of SSI old age benefits or SS benefits. HA considers the following to qualify as a "family":

a. Two or more persons (with or without children) regularly living together, related by blood, marriage, adoption, guardianship or operation of law, who will live together; or two or more persons who are not so related, but are regularly living together, can verify shared income or resources, who will live together. Including lesbian, gay, bisexual, or transgender (LGBT) individuals and couples;

b. The term family also includes: elderly family, near elderly family, disabled family, displaced person, single person, the remaining member of a tenant

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family, a foster care arrangement, or a kinship care arrangement. Other persons, including members temporarily absent (e.g. a child temporarily placed in foster care or a student temporarily away at college), may be considered a part of the applicant family's household if they are living, or will live, regularly with the family [24 CFR 5 and 24 CFR 960];

c. Live-in aides may also be considered part of the applicant family's household. However, live-in aides have no rights of tenancy or continued occupancy. Live-in aide is determined by the HA to be essential to the care and well being of an elderly person, a near-elderly person, or a person with disabilities; is not obligated for the support of the person(s), and would not be living in the unit except to provide care for the person(s). [24 CFR 982.316];

d. Foster Care Arrangements include situations in which the family is caring for a foster adult, child, or children in their home who have been placed there by a public child placement agency, or a foster adult or adults placed in the home by a public adult placement agency;

e. For purposes of continued occupancy: the term 'family' also includes the remaining member of a resident family with the capacity to execute a lease.

3. Applicants will be required to provide third party verification of their income using third party verification forms which are to be mailed or faxed directly from the income source. Or applicants may utilize computerized award letters for income received from government sources, such as Temporary Assistance to Needy Families (TANF), court-ordered child support, Social Security, Supplemental Security Income, and Unemployment Compensation. Applicants will sign a release for third party verification of income from employment. The release will be sent to the employer by HA, and the information returned to HA by mail.

4. Applicants who wish to receive deductions for medical expenses, reasonable childcare, and/or disability assistance expenses, will be required to provide sources from whom the HA can obtain third-party verification of the expenses.

5. Dependents include persons with disabilities and full-time students other than family head or spouse. Full time students include those attending traditional educational institutions as well as those pursuing full-time vocational training.

D. Determining Eligibilitv [24 CFR 982.201]

1. Generally, eligible applicants must verify that their incomes are at or below the Extremely Low-Income limit or the Very Low-Income limit, and that their family does not include an adult who has been involved in violent criminal activity and threatened the well-being of others, violent criminal activity, alcohol abuse, or drug-related criminal activity during the past five years. In addition, any applicant who is on the national register of sexual predators or who has been convicted of manufacture of methamphetamines in assisted housing is ineligible for assistance. [24 CFR 982.553J

2. As a part of the eligibility determination, HA shall run a criminal record check on all adult family members. When the applicant has lived in Dallas County for the

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past three years, the record check shall involve the Dallas County Police Department If any adult member of the applicant family has not lived in Dallas County for the previous three years, records to be checked may include the police department of the localities where the applicant lived, as well as the records of the National Crime Information Center. Applicants are required to sign releases for such criminal record checks.

3. Eligibility of Students

If a student is enrolled at an institution of higher education, is under the age of 24, is not a veteran, is unmarried and does not have a dependent child, is individually ineligible for Section 8 assistance, or the student's parents are, individually or jointly, ineligible for assistance, no Section 8 assistance can be provided to the student. Unless the student is determined independent from his or her parents, the eligibility of a student seeking Section 8 assistance will be based on both the student and the parents being determined income eligible for assistance.

Students with disabilities receiving Section 8 assistance as of November 30, 2005, are exempt from this student restriction.

4. Eligibility and income Tiers

No more than 25% of the families admitted in any fiscal year may have incomes that exceed 30% of the median income for the area (Extremely Low Income). Generally, these families may have incomes between 31 % and 50% of the area median (Very Low Income). Refer Exhibit C for description of Income and asset that will be factors in determining eligibility. Certain families may, at the time of admission, have incomes between 51 % and 80% of the area median (Low Income) because they do not count against the 25%-75% income targeted requirement. These include:

A. Families continuously assisted in Public Housing or Section 8;

B. Families physically displaced by rental rehabilitation;

C. Non-purchasing tenants of certain homeownership programs;

D. Tenants displaced from certain Section 221 and 236 projects;

E. Low-income families residing in certain HUD-owned projects.

5. Eligibility of 62 years of age and older

A In accordance with 24 CFR 5.216, ex B program participants who have previously disclosed their SSN and HUD has determined the SSN to be valid can be verified by viewing the households summary report on the Identify Verification Report in the EIV System.

B Program participants who have not previously disclosed a valid SSN will be

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exempt even if they relocate to a new assisted unit

6. At least one member of an eligible family must have either citizenship or eligible immigration status. Applicants will be required to complete a certification of citizenship status for each member of the family. HA will require third party verification of the applicant's certification documentation (i.e., U.S. Passport, resident alien card, social security card, or other appropriate documentation. If 62 years of age or older, signed declaration of eligible immigration status and proof of age document), in accordance with Section 592 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA).

The HA will not require an applicant to establish and verify eligibility in relation to citizenship before providing financial assistance to an individual or family. However, HA must verify eligibility status no later than the date of the family's annual re-examination.

A prorated reduction in housing assistance will be made for all persons in the participant family who do not have either citizenship or eligible immigration status.

A family that consists of a single household member (including a pregnant individual) who does not have eligible immigration status is not eligible for housing assistance and cannot be housed.

7. If, within 30 days of the eligibility interview, the applicant has failed to submit the required documentation or to complete the required forms and certifications, the family will be determined to be ineligible. The applicant will be notified in writing, and will be given the opportunity to request an informal hearing.

8. Families determined eligible to receive assistance will receive a Housing Choice Voucher.

E. Grounds for Denial [24 CFR 982.552 and 24 CFR 5533

Mandatory Denial:

1. If any household member has ever been convicted of manufacture or production of methamphetamines on the premises of federally assisted housing;

2. Any household member who is subject to a lifetime registration requirement under a State sex offender registration program;

The HA will deny assistance to applicants who:

1. Do not meet anyone or more of the eligibility criteria;

2. Fail to complete any aspect of the application or lease-up process;

3. Have any household member with a history of criminal activity occurring within the last 5 years, involving crimes of physical violence against persons

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or property, drug-related criminal activity, and/or other criminal activity including activity that would adversely affect the health, safety, or well being of other tenants or staff, or cause damage to the property;

4. Any household member charged and/or convicted of a felony in the last 5 years may be denied assistance. Any Household member charged with a felony will be subject to an informal review. The HA may request court order documents to verify dismissal or completion of Deferred Adjudication;

5. Have committed fraud, bribery, or any other corruption in connection with any Federal housing assistance program, including the intentional misrepresentation of information related to their housing application or benefits derived there from;

6. Have a family member who was evicted from other housing agency within the last five years;

7. Have an adult family member who is currently engaged in the illegal use of a drug, or alcohol abuse, or whose pattern of illegal drug use may threaten the health, safety or right to a peaceful enjoyment of the premises by other residents;

8. Have a family member who was evicted from assisted housing within five years of the projected date of admission because of drug-related criminal activity involving the illegal manufacture, sale, distribution, or possession with the intent to manufacture, sell, or distribute a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.

9. If any HA has ever terminated assistance under the program for any member of the family;

10. Currently owes rent or other amounts to any housing authority in connection with the public housing or housing programs;

11. The family has not reimbursed any HA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease

12. Have engaged in or threatened abusive or violent behavior (verbal or physical) towards any HA Housing staff or resident;

13. A student under the age of 24 who is not a veteran, unmarried, does not have a dependent child.

To ensure extenuating circumstances exist, each case is taken under consideration and reviewed on case by case basis by the Assistant Housing Director.

F. informal Reviews [24 CFR 982.554]

1. When an applicant for Section 8 assistance is determined ineligible for assistance, HA will notify the applicant in writing. The notice will state the reason for denial, and that the applicant may request an informal review, in writing, within 10 working days of the date of the notice.

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2. When an applicant requests an informal review, HA will schedule the review promptly and notify the applicant of the time and place that the review will be held. The review will be conducted in accordance with HA's procedure on Informal reviewing. The applicant may present his/her case in writing, and may provide additional information to support his/her claim. Within 10 days of the review, HA will notify the applicant in writing of its final decision, including a brief statement of the reasons for the final decision. [24 CFR 982.554 (b)]

Section IV. Issuing Housing Choice Vouchers

A. Subsidy Standards [24 CFR 982.54(d)(9)]

1. Eligible families will be issued Housing Choice Vouchers based on the HA's subsidy standards. Units shall be occupied by families of the appropriate size.

UNIT SIZE ELECTION [24 CFR 982.402(3)]

The HA establishes payment standards by a number of bedrooms. The payment standards for the family must be the lower of:

(i) The payment standards for the family unit size; or

(ii) The payment standard for the unit size rented by the family. Utility Allowance: The utility allowance used to calculate the gross rent is based on the actual size of the unit the family selected, regardless of the size authorized on the family's Voucher.

Minimum and Maximum-Number-of-Persons-Per Unit Standard

Number of Bedrooms Min Persons/Unit Max Persons/Unit

(Largest Unit Size) (Smallest Unit Size)

OBR 1 1

1BR 1 2

2BR 2 4

3BR 3 6

4BR 4 8

5BR 5 10

The following principles govern the size of voucher that a family will be issued. Generally, two people are expected to share each bedroom. With the exception that vouchers will be assigned so that:

a. It will not be necessary for persons of different generations or opposite sex, other than husband and wife, to occupy the same bedroom, although they may do so at the request of the family;

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b. Exceptions to the largest permissible voucher may be made in case of reasonable accommodations for a person with disabilities;

c. Two children of the opposite sex will not be required to share a bedroom, although they may do so at the request of the family;

d. An unborn child will not be counted as a person in determining voucher size. A single pregnant woman may be assigned to a one-bedroom unit. In determining unit size, HA will count a child who is temporarily away from the home because the child has been placed in foster care, kinship care, or is away at school;

e. A single head of household parent shall not be required to share a bedroom with his/her child over age five, although they may do so at the request of the family;

f. A live-in attendant may be assigned a bedroom. Single elderly or disabled residents with live-in attendants will be assigned a two bedroom unit, if the HA is provided a doctors statement stating there is a need for a live-in attendant.

2. The Local Housing Code or two persons per bedroom will be used as the standard for the smallest voucher a family may be assigned. The HA must make the case that such occupancy levels will not have the effect of discriminating on the basis of familial status.

3. Other than as a reasonable accommodation for someone with a disability, the largest unit size that a family may be offered would provide no more than one bedroom per family member, taking into account family size and composition.

4. Under the voucher program, the family may select a smaller unit, provided that the unit has at least one living/sleeping room for every two people. The family may also choose to select a larger unit, although they will be subsidized based on the cost of the smallest unit for which they qualify.

B. Issuing Housing Choice Vouchers [24 CFR 982.204(d) and 24 CFR 982.54(d)(2)]

1. When all necessary verifications have been received, and HA has determined that the family is eligible to receive a voucher, a notice will be sent to the family advising them of the dates of the next participant briefing sessions. In order to receive a voucher, the applicant must attend one of these sessions. If at the conclusion of the session the applicant has not received his/her voucher and has not contacted HA to schedule an alternate time for the briefing, the application will be withdrawn.

2. For families headed by persons with disabilities, the participant briefing maybe conducted at the applicant's home, or at some other accessible location. Applicants requiring this accommodation must request it at the time they receive the briefing notice.

3. Before receiving a voucher, all applicants are required to attend a briefing

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session, during which the operation of the program and the responsibilities of the family and the owner will be explained. The briefing will include an explanation of where a family can live, and how portability works (see Portability Section V [J] Page 20). All families will receive Mobility Counseling explaining the advantages of moving to an area that does not have a high concentration of poor families.

4. All voucher holders will receive a Family Packet, which includes all information required by 24 CFR 982.301 (b).

C. Term of the Housing Choice Voucher [24 CFR 982.303 and 24 CFR 982.54 (d)(2)]

1. Vouchers are issued for an initial term of 60 days.

2. If at the end of 60 days the voucher holder has not submitted a Request For Tenancy Approval (RFTA), the voucher will expire unless the family has requested and received approval for an extension. Extensions will be approved only for good cause, including, but not limited to, illness or hospitalization during the initial 60 days, difficulty in locating units suitable for large families or persons with disabilities, or accommodating special needs of the family. Extensions are for 30 days only. A maximum of 2 extensions will be given unless the request for further extension is verified to be related to a disability which has prevented the applicant from using the voucher sooner.

3. The HA will provide a full 120 days for applicants with disabilities to utilize their vouchers to find suitable housing before they will expire. No further extensions will be given except as a reasonable accommodation to an applicant with a verified disability.

4. The HA practices the suspension of the term of the voucher upon receipt of the RFTA. RFTA's are accepted at any time during the initial 60-day term. If after the initial or follow-up inspection the unit is approved, a HAP contract is executed on behalf of the family. If the unit is not approved, consideration will be given as to whether there is sufficient time remaining under the initial term for the family to locate another unit, or whether a 30-day extension is needed.

D. Assistance to Families Subjected to Illegal Discrimination [24 CFR 982.304]

1. Families who believe that they have been subjected to illegal discrimination during their search for housing are directed to report the occurrence to the HA. The HA, in conjunction with the local city or state Fair Housing representatives, will investigate the complaint and take whatever action is determined appropriate.

2. Families who have been determined subjects of illegal discrimination will be eligible to receive an extension to the maximum 120 days.

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Section V. Leasing Units

A. Contract and Relationship

The lease agreement is an agreement between the owner/management company/client. Please refer to Page 3, Part B #2 of the HAP Contract.

B. Owner Requests for information [24 CFR 982.301]

1. The HA shall give each family a statement of the policy on providing information to owners. The statement shall be included in the information packet that is given to a family selected to participate in the program.

2. The HA will inform owners of their responsibility for screening the voucher holders to determine their suitability for tenancy. Factors such as payment of rent and utility bills, care of a leased unit, criminal activity, and respect for the rights of others, may be considered.

C. Request for Tenancy Approval [24 CFR 982.302J

1. When the voucher holder finds a unit that is suitable, and the owner has agreed to lease the unit to the family, the family and the owner will complete the Request for Tenancy Approval and submit it to HA. The HA will determine whether the unit is within its jurisdiction, and if so, will schedule a Housing Quality Standards (HQS) inspection of the unit. Under no circumstances will a HAP contract be initiated or signed until a unit passed inspection and a rent reasonable has been completed, entered, and submitted back to the case manager. (See Exhibit F & G)

2. The HA may, at its administrative discretion, refuse to enter into a new Housing Assistance Payment (HAP) contract with an owner. [24 CFR 982.306]

a. The owner refuses (or has a history of refusing) to evict families for drug related or violent criminal activity, or activity that threatens the health, safety, or right of peaceful enjoyment of premises by tenants, HA employees, owner's employees, or of residents by neighbors;

b. The owner has violated obligations under a HAP contract under Section 8 of the 1937 Act;

c. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;

d. The owner has engaged in drug trafficking;

e. The owner has a history or practice of non-compliance with the UPCS for units leased under the tenant-based programs or with applicable housing standards for units leased with project based assistance or leased under any other federal housing program;

f. The owner has not paid State or local real estate taxes, fines or assessments;

g. The owner fails to report that the participant vacated the unit and continues

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to receive housing payments;

h. The owner fails to comply with HA's Landlord Certification.

3. The HA will not approve a unit owned by a specific owner under the following circumstances:

a. If the HA has been informed by HUD or otherwise that the owner has been debarred, suspended, or subject to a limited denial of participation [24 CFR Part 24];

b. If directed by HUD because the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements, and such action is pending; or

c. If directed by HUD because a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements.

d. If the owner is disapproved, notification will be made, including reason, to the owner and the subsidy holder. The owner will be given an opportunity to rectify any deficiencies.

e. If an owner cannot rectify any deficiencies, the voucher holder will be given a time extension to find a different unit.

D. Housing Types [24 CFR 982.353]

1. Generally, for inclusion in the voucher program, the unit must have a living room, a kitchen, and a bathroom for the exclusive use of the family, and must be able to be used and maintained without unauthorized use of other private properties.

2. The HA will not approve the use of shared housing, congregate housing, group homes, or single room occupancy units in its voucher program.

E. Rents - Housing Choice Voucher Program [24CFR 982.503]

1. Generally, the HA will set its Housing Choice Voucher Payment Standard between 90% and 110% of the HUD-published fair market rent (FMR). Within those limits, HA may set higher or lower payment standards for certain areas within the jurisdiction as appropriate. DCHA must request HUD approval to establish a payment standard amount that is higher or lower than the basic range. The payment standard(s) will be based on information collected by HA regarding rents in each area, and the rent burdens incurred by program participants.

2. A family renting a unit at or below the payment standard pays, as gross rent, the highest of 30% of the monthly adjusted income, 10% of the monthly gross income, or the established minimum rent. A family renting a unit above the payment standard pays the highest of 30% of the monthly adjusted income, 10% of the monthly gross income, or the established minimum rent plus any rent above the payment standard.

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A family renting a pre-pay unit will be responsible for the greater of the 30% of the monthly adjusted income or the pre-pay amount. In case of a significant decline in family income, which means a decrease of at least 15% for the gross family income, the enhanced voucher minimum rent changes from actual dollar amount to a specific percentage (%) of income (30%). (Notice PIH 2000-9)

Adjusted Income is defined as the Annual income minus any HUD allowable expenses and deductions.

HUD has five allowable deductions from annual income:

• Dependent Allowance: $480 each for family members (other than the head or spouse) who are minors, and for family members who are 18 and older who are full-time students or who are disabled.

• Elderly/Disabled Allowance: $400 per family for families whose head or spouse is 62 or over, or disabled.

• Allowable Medical Expenses: Deducted for all family members of an eligible elderly/disabled family.

• Child Care Expenses: Deducted for the care of children under 13 when child care is necessary, to allow an adult member to work, attend school, or actively seek employment.

• Allowable Disability Assistance expenses: Deducted for attendant care or auxiliary apparatus for persons with disabilities, if needed, to enable the individual or an adult family member to work.

The initial rent for any unit leased under the voucher program must not require that a family pay more that 40% of adjusted income for rent. This maximum initial rent burden (MIRB) is applicable each time a participant moves to a new unit. The rent can exceed the MIRB if the family renews a lease for the same unit.

3. HA requires all participants to pay a minimum rent not less than $25.00 per month rent. If, based on the family's income and expenses, the TTP is calculated to be less than $25.00; HA will set the family's TTP at $25.00.

4. Financial Hardship exemption from minimum rent [24 CFR 5.630]. The HA grants an exemption from payment of minimum rent if the family is unable to pay the minimum rent because of financial hardship. Financial hardship includes these situations:

(i) When a family has lost eligibility for, or is awaiting an eligibility determination for a Federal, State, or Local assistance program, including a family that includes a member who is a non-citizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits, but for title IV of the personal responsibility and Work Opportunity Act of 1996;

(ii) When a family would be evicted because it is unable to pay the minimum rent;

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(iii) When the income of the family has decreased because of changed circumstances, including loss of employment;

(iv) When a death has occurred in the family; and

(v) Other circumstances determined by the HA or HUD

5, The HA will not approve for inclusion in the voucher program units whose rents exceed the rents for comparable unassisted units in the market area (rent reasonableness),

To determine that the rent to owner is a reasonable rent, initially and during the term of the HAP contract, the HA will conduct an annual survey of private market rents in its jurisdiction, The survey will include typical contract and gross rents (contract rents plus HA's allowance for tenant-paid utilities, if any) for a representative sample of units of each housing type and size, in each of the areas within its jurisdiction that HA has determined constitutes a distinct market area,

In establishing the reasonable rent for a unit proposed for inclusion in the program, HA will also consider the quality and age of the unit to be leased, along with the amenities, housing services, and maintenance provided by the owner,

The process used to determine rent reasonableness will be documented in each tenant file,

F. Unit Inspections [24 CFR 982.401]

1, The HA or its contractor will inspect each unit for compliance with HUD's Housing Quality Standards (HQS), as soon as possible, but in no instance later than fifteen (15) calendar days after the receipt of the Request for Tenancy Approval.

2, All units proposed for inclusion in the Housing program must be in compliance with HQS prior to the beginning of the Housing Assistance Payments Contract (HAP),

3. If the proposed unit does not meet HQS, the HA will advise the owner of the repairs that must be made to bring the unit into compliance. If the owner is present at the initial inspection he/she will be provided with a HQS checklist that will specify the repairs that are needed to meet housing quality standards.

4. If the unit is not ready for the initial inspection, it is at the discretion of the tenant to seek a new unit or request a re-inspection of that unit. If the tenant request a re-inspection, the HA will schedule an inspection after being notified by the owner that the unit is ready.

G. HQS Enforcement [24 CFR 982.406]

All life-threatening HQS deficiencies will be corrected within twenty-four(24) hours of inspection and all other cited HQS deficiencies will be corrected no more than

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30 calendar days from the inspection unless Dallas County Housing Agency (DCHA) approves an extension of time for correction.

1. For HQS deficiencies that are the owner's responsibility and are not corrected within the prescribed time frames, DCHA will abate housing assistance payments beginning no later than first of the month following expiration of DCHA violation notice. The violation notice will advise the owner that DCHA has abated payment for failure to make corrections.

2. For HQS deficiencies that are the responsibility of the tenant and are not corrected within the prescribed time frames, DCHA will take prompt .action to enforce family obligation following program requirements.

3. Inspectors will identify the party responsible for each HQS violation listed on the inspection instrument so that proper notice can be sent to the owner and/or tenant for the appropriate items. This precludes abatement of owner rent when the violation(s) is the responsibility of the tenants. Housing assistance payments will not be abated for tenant deficiencies.

4. DCHA will monitor HQS enforcement on a daily basis to ensure that reinspections occur within the proper time frames.

5. DCHA will have a system to record the results of the quality control reviews of inspections. At a minimum, the system will provide:

A. The address of the unit

B. Date of original failed inspection

C. Responsibility for the deficiency (tenant or owner)

D. Date of re-inspection

E. Results of the re-inspection

F. Date owner notified of abatement

G. Actual date of abatement

H. Any extensions to the date

I. Initiation and status of termination of tenancy.

H. Disapproval of ownerliandlord [24 CFR 982.306]

The owner does not have a right to participate in the program. For purposes of this section, "owner" includes a principal or other interested party.

The HA will disapprove the owner/landlord for the following reasons:

1. The HA has been informed by HUD that the owner is debarred, suspended, or subject to a limited denial of participation under 24 CFR part 24.

2. When directed by HUD, the HA will not approve an assisted tenancy if:

a. The federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal

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opportunity requirements, and such action is pending.

b. A court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements.

3. The owner has violated obligations under a HAP contract under Section 8 of the 1937 Act [42 U.S.C. 14371].

4. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program.

5. The owner has engaged in any drug-related criminal activity or any violent criminal activity.

6. The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project-based Section 8 assistance, or leased under any other federal housing program,

7, The owner has a history or practice of failing to terminate tenancy of tenants of units assisted under Section 8 or any other federally assisted housing program, for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that

a. Threatens the right to peaceful enjoyment of the premises by other residents;

b. Threatens the health or safety of other residents, or employees of the HA, or of owner employees, or other persons engaged in management of the housing;

c. Threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; or

d. Is drug-related criminal activity or violent criminal activity.

8. The owner has a history or practice of renting units that fail to meet State or local housing codes.

9. The owner has not paid State or local real estate taxes, fines or assessments.

10. The HA will not approve a unit if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless the HA determines that approving the unit would provide reasonable' accommodation for a family member who is a person with disabilities.

I. Termination of landlords [24 CFR 982.453]

Any of the following actions by the owner (including a principal or other interested party) is a breach of the HAP contract by the owner and may be terminated for any of the following actions:

1. If the owner consistently violates any obligation under the HAP contract for the dwelling unit including the owner's obligation to maintain the unit in accordance with the HQS.

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2. If the owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program.

3. If the owner has engaged in drug-related criminal activity.

4. If the owner has committed any violent criminal activity.

Dallas County Housing Agency rights and remedies against the owner under the HAP contract include recovery of overpayment and termination of the HAP contract.

J. Portability [24 CFR 982.353]

1) Where family can lease a unit with tenant-based assistance [24 CFR 982.353]

a) Assistance in the initial PHA jurisdiction. The family may receive tenant-based assistance to lease a unit located anywhere in the jurisdiction (as determined by State and local law) of the initial PHA. HUD may nevertheless restrict the family's right to lease such a unit anywhere in such jurisdiction if HUD determines that limitations on a family's opportunity to select among available units in that jurisdiction are appropriate to achieve desegregation goals in accordance with obligations generated by a court order or consent decree.

b) Portabilitv: Assistance outside the initial PHA jurisdiction. Subject to paragraph Ic) of this section, and to 982.552 and 982.553, a voucherholder or participant family has the right to receive tenant-basted voucher assistance in accordance with requirements of this part to lease a unit outside the initial PHA jurisdiction, anywhere in the United States, in the jurisdiction of a PHA with a tenant-based program under this part. The initial PHA must not provide such portable assistance for a participant if the family has moved out of its assisted unit in violation of the lease.

c) Nonresident applicants. (1) This paragraph (c ) applies if neither the household head or spouse of an assisted family already had a "domicile" (legal residence) in the jurisdiction of the initial PHA at the time when the family first submitted an application for participation in the program to the initial PHA.

2) DCHA may only deny a family's request to move if it has grounds to do so under the program regulations which are as follows (See PIH 2011-3, Paqe 12):

a) If the household head or spouse of an assisted family did not have a "domicile" (legal residence) in the jurisdiction of DCHA program at the time when the family first submitted an application for participation in the DCHA program (see 24 CFR 982.353 Ic ). Non-resident applicant)

b) The family's action or failure to act as described in 24 CFR 982.552 or 982.553;

c) The family is an applicant and is not income eligible in the area in which they wish to initially lease a unit as described in 24 CFR

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9S2.353/d)(1 Ii d) The requested move does not comply with DCHA policies on the

timing and frequency of moves in accordance with 24 CFR 9S2.314(c)(2)i

e) DCHA does not have sufficient funding for continued assistance to support the move in accordance with 24 CFR 9S2.314(e)(1 I.

f) DCHA will deny a family's request to move if the family has moved out of its assisted unit in violation of the lease. However. as noted in HUD Notice PIH 2007-5. the Violence Against Women and Justice Department Reauthorization Act 2005 (VAWA2005) amended section Sir) of the U.S. Housing Act to provide an exception to the prohibition against a family moving under the portability provisions in violation. VAWA 2005 provides that the family may receive a voucher and move in violation of the lease under the portability procedures if the family has complied with all other obligations of the voucher program and has moved out of the assisted dwelling unit in order to protect the health or safety of an individual who is or has been the victim of violence (see page 3 of the Administrative Plan Section I-C).

3) The family will not be allowed to port to another HA within the same jurisdiction, with exception regarding conflict of interest with DCHA. If the receiving HA cannot or will not absorb the porting family, the receiving HA must bill the initial HA for the HAP payment and the approved percentage of the administrative fee.

4) When a family wishes to move into the jurisdiction of HA with a voucher issued by another housing authority, HA will absorb the participant into the program if there is sufficient budget authority available. If the budget authority is insufficient. HA will administer the unit for the originating housing authority until budget authority is available, at which time the participant will be absorbed into the HA's program[24 CFR 9S2.355 (d).

Section VI. Annual Functions

A. Re-certification of Family Eligibility [24 CFR 982.516]

1. At least annually, ninety (90) days prior to the anniversary date of the HAP contract, participant families will be required to attend are-certification interview. During recertification, HA shall run a criminal background check on all adult family members. This interview will advise HA of any changes in the family's size or circumstances, and documentation is resubmitted to HA regarding the family's income and allowable deductions. Any change in the family's payment that results from this reexamination will become effective on the anniversary date of the HAP contract.

2. An interim re-examination shall occur only if there is a change of $2400.00 annually or more of income to the participants, or if the participant were unemployed or change employment and those who report zero income during

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the initial or annual certification. Tenants are required to report every three (3) months if there is a change of income that meets the above qualifications.

3. Families whose income decreases may request an interim re-certification any time during the year. Once verified by HA, the change in the family's payment resulting from the decrease in income will be effective the first of the following month when the changes are reported by the 15th of the previous month. Changes reported after the 15th will not be effective for the following month. An interim re-examination shall also re-occur when a change in family composition occurs. A change in family must be reported as soon as it becomes effective.

4. A family's rent may not be decreased as a result of reduction in the household's income for prior month(s) outstanding balance if the family fails to report in a timely manner and/or fails to appear for their first and second interim appointment.

5. A family that has an increase in their household's income may be terminated if they fail to appear for their first and second interim appointment. The family will be held responsible for any overpayment made by DCHA to the landlord due to client's failure to keep their appointments.

6. A family's rent will not be decreased as a result of a reduction in welfare benefits based on welfare fraud by a member of the family, nor as a result of the family's failure to comply with the welfare program requirements for work activities or participation in an economic self-sufficiency program, if verified by the welfare agency. If a reduction in welfare income results from the expiration of a lifetime limit on benefits or a loss of benefits because of a lengthy time limit on welfare benefits despite compliance, HA will reflect the reduced income in determining the family's annual income.

7. If an annual or interim re-examination result in zero HAP, the family may continue as a program participant for six months from the date of the reexamination or interim effective date. During this period, the HAP contract between the HA and the owner will remain in effect. If the family's circumstances change during the six month period and the family needs continuous assistance, the HA will conduct an interim re-examination to reinstate the family. At the end of six months, if the subsidy has not been restored, the HAP contract will terminate.

If the family chooses to relocate during his or her annual reexamination and finds a new unit where the family's adjusted annual income exceed the gross rent or the payment standard, the family will be allowed to choose from one of the following options;

• Remain in the current unit if still eligible for housing assistance. • Remain in the current unit without housing assistance if self sufficient

for a period of 180 days and if the landlord agrees. • Locate another unit if the voucher has not expired. • Terminate housing assistance.

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B. Annual Inspection of Units [24 CFR 982.405(a)]

1. At least once a year, ninety (90) days prior to the anniversary date of the HAP contract, HA will conduct an inspection of each assisted unit. If HA determines that the unit is not in compliance with inspection standards, a notice will be sent to the owner advising him/her of the repairs needed. Thirty (30) days will generally be allowed for the owner to make the repairs, except for repairs needed to correct a condition determined by HA to be life-threatening, which must be made within 24 hours. HA will re-inspect the unit after the time allowed or at such earlier time as the owner notifies HA that the repairs have been made. If the repairs have not been made after 30 days, the HAP payment will be abated until the repairs are made or until the anniversary date of the contract. If repairs are not made by the anniversary date of the HAP contract, the HAP contract will be terminated and the family advised to look for another unit.

2. No retroactive payment will be made for the period after the first 30 days during which the unit was not in compliance with HQS.

3. HA will bar owners who have three units abated or terminated for noncompliance with HQS from future participation in the Housing program.

4. If the unit fails HQS for reasons attributable to the family's care or use of the unit, the family will receive written notification of the actions to be taken and a copy of the notice will be sent to the owner. Such failure may occur when the family fails to pay for utilities that are to be paid by the family, fails to provide or to maintain in working order any appliances that are provided by the family, or when a member or guest of the family causes damages to the unit beyond normal wear and tear. The family will be given 30 days to correct the defect or 24 hours if the resulting condition is determined by HA to be life threatening. If the defect is not corrected by the family during the time allowed, the HAP contract and the family's participation in the program will be terminated.

5. The family or the owner may request an inspection at any time during the year if a deficiency exists and if efforts to have the deficiency corrected by the responsible party-owner or family-have failed. The inspection and HA's follow-up will be handled as described in B 2 and B 4, above.

C. Rent Increases [24 CFR 982.519 (b)]

The owner must request a rent increase 90 days before the anniversary date of the contract. This request must be in writing. HA's approval of the increase will be subject to its determination that the resulting rent will not exceed rents for comparable unassisted units in the market area (rent reasonableness). At no time during the assisted tenancy will the rent to the owner exceed the reasonable rent as determined by HA.

D. Rent Reasonableness [24 CFR 982.507 and 24 CFR 982.256]

1. Procedures for Determining and Certifying Rent Reasonableness

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The Housing Inspector will disapprove a lease for rent that is not reasonable, based on the rent charged for comparable rental units in the immediate area. The Housing Supervisor will exercise this authority for Voucher holders, where the rent requested by the Landlord plus utility allowance for the unit is not reasonable or exceeds the Fair Market Rent and for Voucher holders, where families are not able to negotiate reasonable rental rate with the landlord. A rent reasonableness study is performed for each unit to ensure requests are comparable to unassisted units in the same area. DCHA will examine the following for the purpose for determining rent reasonableness:

a. rents in the immediate area or neighborhood or in similar nearby neighborhoods if comparable is unavailable; and

b. rental information obtained from classified advertisement in the newspapers, the Dallas Apartment Association, adjacent apartment complexes, and from other sources.

2. DCHA must redetermine the reasonable rent:

(1) Before any increase in the rent to owner; (2) If there is a five percent (5%) decrease in the published FMR in effect 60 days

before the contract anniversary date as compared with the FMR in effect one year before the contract anniversary date.

(3) As directed by HUD. (4) DCHA may redetermine the reasonable rent at any other time. (5) At all times during the assisted tenancy, the rent to owner may not exceed the

reasonable rent as most recently determined or redetermined by DCHA.

Section VII. Changes in Family Size, Family Separations, Absences, and Moves

A. Changes in Family Size [24 CFR 982.505 (5)]

1. Household size will not increase unless the composition change is due to marriage, birth, or a family emergency that has been documented by the HA (e.g., court order, medical reasons, death certificate of parents, proof of legal guardianship, legal services or other agency involvement such as CPS, etc). Before determining the appropriate bedroom size for the foster children, the foster child(ren) will have to reside in the unit for ninety (90) days or more. Documentation from child services will be required and evaluated before making a determination.

2. If the family unit size increases or decreases during the HAP contract term, the new family unit size must be used to determine the payment standard amount for the family beginning at the family's first regular reexamination following the change in family unit size.

3. If the family size increases while the family is receiving assistance under the voucher program, and the family becomes eligible for a larger unit, at the anniversary date of the current HAP Contract, HA will issue the larger voucher at the family's request.

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4. If the increase in family size results in the assisted unit failing HQS space standards, HA will issue the larger certificate or voucher at the family's request, but in any case no later than the anniversary date of the current HAP contract, and the family will be required to find a larger unit. The HAP contract for an overcrowded unit will be terminated as of the anniversary date of the contract.

5. If the family size decreases while the family is receiving assistance under the voucher program, and the family becomes ineligible for the unit size it currently occupies, HA will issue the smaller voucher. The participant can remain in the unit as long as the Total Tenant Payment does not exceed 40% of the monthly adjusted income. However, if the Total Tenant Payment does exceed 40% of the adjusted income, the voucher will be down graded and the family will be required to relocate at the annual re-examination or voucher will be terminated.

6. If the HA proposes to terminate a HAP contract under the provisions of Section VII A. (2) or (3), it will notify the family of allowable exceptions to the HA's occupancy standard (i.e., age, health, or handicap of an elderly or disabled family member), as well as the process by which the family can request an exception.

7. HA will not terminate a HAP contract under the provisions of Section VII A. (3) above if it has determined that there is no acceptable unit available for rent by the family in the jurisdiction of HA.

B. Addition of New Household Member [24 CFR 5.216]

1. A participant requesting to add a new household member that is six years of age or under and has an assigned SSN must disclose the assigned SSN and provide PHA with documentation at the time of request. If family

. is unable to provide documentation, the PHA must not add the new household member until such documentation has been provided.

2. A participant requesting to add a new household member that is six years of age or under and does not have an assigned SSN will be given 90 calendar days to provide PHA with documentation of the assigned SSN. The child is to be included as part of the assisted household during this time period.

If documentation is not received within 90 calendar days, the PHA will grant the family an additional 90 days if the PHA determines that noncompliance was due to unforeseen circumstances (i.e. natural disaster, fire, death in family, etc.). If the family has not complied upon expiration of the allotted time period, the PHA must terminate the family's housing assistance.

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C. Family Separations [24 CFR 982.315J

If a family separates while it is receiving Housing assistance, HA will determine who retains the assistance as follows:

1. First consideration will be given to a family member forced to leave the household as a result of actual or threatened violence by a spouse or other family member;

2. Second consideration will be given to an adult family member with custody of minor children;

3. Third consideration will be given to an adult family member with custody of ill, elderly, or disabled family members; and

4. If none of the above applies, the adult member initially designated as head of household will retain the Section 8 assistance.

D. Family Absences from the Assisted Unit [24 CFR 982.3121

1. An assisted family that finds it necessary to be absent from the unit for a more than 30 consecutive days is required to notify the owner and HA of their absence, and the date by which they expect to return. During the family's absence, if the unit will be occupied by a caretaker not considered a part of the household, the tenant must secure the owner's permission for the arrangement, and notify HA. If HA finds the assisted unit unoccupied, or occupied by someone other than the designated head of household or other adult member of the family, it will assume that the family has vacated the unit and will terminate the HAP contract.

2. Under no circumstances may the family be absent from the assisted unit for more than 180 consecutive days. If the family's absence exceeds 180 days, HA will terminate the HAP contract.

3. If the family has given the notice required in C 1 above, the family will be eligible to receive a new voucher within 180 days of the termination of the HAP contract, if assistance is available under the voucher program. For purposes of determining eligibility, these families will be considered continuously assisted under the 1937 Act, and the very-low income limitation will not apply.

4. If the required notice has not been given, or if more than 180 days have elapsed since the termination of the HAP contract, the family will not be eligible to resume assistance and must reapply when applications are being accepted.

E. Family Moves with Continued Assistance [24 CFR 982.3141

1. An assisted family in good standing is allowed to move to a new unit only at the anniversary date. An assisted family may move at any time with continued assistance if the HA has terminated the HAP contract due to the owner's breach.

2. Amounts paid for vacancy loss, tenant damages, and/or unpaid rent under an old form of the HAP contract (Certificate program) must be repaid by the

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family prior to HA's issuance of a new voucher.

3. Assistance will be terminated and the family will not be able to move to a new unit with continued assistance if: the owner has evicted the tenant for serious or repeated violation of the lease for criminal activity in or around the assisted unit; or if the HAP has been terminated because of the tenant's failure to meet his/her family obligations under the Housing program.

4. After the family has been terminated, HA is required to retain the closed file for the period of three years. [24 CFR 85.42]

Section VIII. Evictions and Owner Obligation

A. Evictions [24 CFR 982.310]

1. An owne'r may evict a Housing Program tenant at any time for: serious or repeated violations of the lease; violation of local, State, or federal laws applicable to the tenant's occupancy of the unit; violent criminal behavior by the tenant, a household member, or guest that threatens other residents or persons residing near the unit; or drug-related criminal activity.

2. After the first year, an owner may give notice of lease termination to a Housing Program tenant for other good cause, including: unwillingness by the family to accept a new lease or revision to the lease; the owner's desire to use the unit for personal or family use, or for a purpose other than as a residential unit; or a business or economic reason for termination of the tenancy.

3. The owner must give the tenant a written notice of intention to terminate the lease, and the grounds for the termination, and must give a copy to the HA. If the lease is being terminated for business or economic reasons, the owner is required to give the tenant 90 days notice.

4. A Housing Program tenant who is evicted for: serious or repeated violations of the lease; violation of local, State, or federal laws applicable to the tenant's occupancy of the unit; violent criminal behavior by the tenant, a household member, or guest that threatens other residents or persons residing near the unit; or drug-related criminal activity, will have his/her assistance terminated and will not be eligible to move to a new unit with Section 8 assistance.

B. Owner Obligation [24 CFR 982.404]

1. The owner must maintain the unit In accordance with Housing Quality Standards.

2. If the owner fails to maintain the dwelling unit in accordance with HQS, the PHA must take prompt and vigorous action to enforce the owner obligations.

3. The PHA must not make any housing assistance payments for a dwelling unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by the PHA and the PHA verifies the correction.

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4. The owner is not responsible for a breech of the HQS that is not caused by the owner and for which the family is responsible as provided in 982A04(b) and 982.551 (c)).

C. The Remedies

1. If the owner makes a claim against the client for vacancy loss, tenant damages, unpaid rent or utilities, the landlord may seek legal action.

2. If a court judgment has been made against the client, the client may be terminated.

Section IX. Family Obligation, and Terminations of Assistance, and Informal Hearings [24 CFR 982.551, 24 CFR 552, and 24 CFR 553]

A. Obligation of participant (Family) [24 CFR 982.551]

1. Supplying required information that the HA determines is necessary to the program.

2. The family must disclose and verify Social Security number and must sign consent forms.

3. Any information supplied by the family must be true and complete. 4. The family is responsible for the HQS breach caused by the family. [24 CFR

982 A04(b) 1 5. The family must allow the HA to inspect the unit at reasonable times and after

reasonable notice. 6. The family may not commit any serious or repeated violation of the lease. 7. The family must notify the HA and the owner before moving out of the unit or

terminating the lease. 8. The family must promptly give the HA a copy of any owner eviction notice. 9. The family must use the assisted unit for residence by the family. The unit

must be the family's only residence 10. The family composition must be approved by the HA. The family must

promptly inform the HA of the birth, adoption or court awarded custody of a child. The family must request HA approval to add any other family members.

11. The family must report timely any change in income. 12. The family must notify the HA if any family member no longer resides in the

unit. 13. If the HA has given approval a foster child or a live-in-aide may reside in the

unit. 14. Members of the household may engage in legal profit making activities in the

unit, but only if such activities are incidental to primary use of the unit for residence by members of the family

15. The family must not sublease the unit. 16. The family must not assign the lease or transfer the unit. 17. The family must supply information or certification requested by the HA to

verify that the family is living in the unit or is absent from the unit. 18. The family must not own or have any interest in the unit. 19. The members of the family must not commit fraud, bribery or any other

corrupt or criminal act in connection with the program. 20. The members of the household may not engage in any criminal activity that

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threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.

21. The members of the household must not abuse alcohol in a way that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.

22. Members of the assisted family may not receive Section 8 tenant-based assistance while receiving another housing subsidy, for the same unit or different unit, under any duplicative federal, State or local housing assistance program

23. The family must report prior housing assistance. 24. The family must attend scheduled appointments. 25. The family must maintain all utilities for the unit. 26. The family must maintain good housekeeping.

B. Terminations [24 CFR 982.551, 24 CFR 552, and 24 CFR 553]

1. The HA will permanently terminate the assistance of participants who:

• Are required to register under a State Sex Offender Registration Program.

• Have been convicted of drug-related criminal activity for the manufacturing or production of methamphetamines on the premises of federally assisted housing.

2. The HA will terminate the assistance of participants for a period of five years for the following violations:

• Any member of the family has engaged in drug related criminal activity, or violent criminal activity as defined in [24 CFR 982.553].

• A household that consist of an adult family member who is currently engaged in the illegal use of drugs or whose pattern of illegal drug use may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.

• Any member of the family who commits fraud, bribery, or any other corruption in connection with any Federal Housing Program.

• The family subleases their unit (a promissory note will be issued to recoup paid rent).

• The family owns or has interest in the unit.

• A member of the family has been evicted from federal assisted housing in the last 5 years. However, they may be assisted, if they are in good standing with no current criminal activity, currently employed or furthering their education and' owe no debt to DCHA or Landlord

• A participant who engages in or threatens abusive or violent behavior towards any HA staff or resident.

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• Any household member who is charged and/or convicted of a felony in the last 5 years may be terminated. Any household member charged with a felony will be subject to the termination/appeal process. If deferred adjudication, HA may request a court order document to verify dismissal or completion of the deferred adjudication. If client case is still pending with court system and there is no final disposition within six months of the appeal hearing, he/she may be terminated. Client will not be allowed to relocate during the appeal process.

3. HA will terminate assistance to Housing Program participants until the next open enrollment if they violate the following family obligations:

• The family violates any family obligations under the Housing Choice Voucher Program.

• The family fails to make three consecutive payments under an existing repayment agreement with any housing agency.

• The family abandons their unit without giving notice.

• A family member has a pattern of abuse of alcohol and/or drugs that threaten the health, safety, or right to the peaceful enjoyment of the premises by other residents.

• Any family member fails to sign and submit consent forms required for obtaining information on family status.

• Any family member fails to declare citizenship or provide documentation of eligible non-citizen status within the prescribed time frame.

• The family is evicted from assisted unit for a serious or repeated violation of the lease.

4. Enterprise Income Verification (EIV)

Terminations and amounts owed by the family will be reported to the Enterprise Income Verification (EIV) system. This report will also be made available to other housing agencies for their review.

c. Informal Hearings [24 CPR 982.555]

1. The HA will provide the opportunity for an informal hearing to program participants who are being terminated from the program. The HA will send written notice of the reason(s) for the proposed action, and advise the participant that if he/she does not agree with the decision, he/she may request an informal hearing, in writing, within 10 working days of the notice. If the participant requests a hearing, the assistance will not be terminated until the final decision is made.

2. When a participant requests a hearing, the HA will schedule the hearing promptly and notify the participant of the date and time of the hearing. Prior to the hearing, the participant will be given an opportunity to examine and copy

30

any documents pertinent to the family's termination.

3. The hearing will be conducted in accordance with the HA's Informal Hearing Procedure. The family may be represented by a lawyer or other representative, at its own expense. The family will be given the opportunity to present evidence, and to question any witness. The hearing officer will issue a written decision within 10 working days, stating the reasons for the decision.

4. An informal hearing will also be provided for participants who believe that their annual or adjusted income, utility allowance, or allowable unit size has not been determined in accordance with the law, HUD regulations, or the HA's policies. These participants will first be given an explanation of the basis for the HA's determination. If the family still does not agree with the determination, an informal hearing will be scheduled as above.

5. Should the client not agree with the decision of the first informal hearing, a second and final informal hearing may be requested. The second informal hearing must be requested in writing within 10 working days of the decision of the first hearing. The determination rendered at the second hearing is considered final and binding.

Section X. Program Management

A. Leasing Units

1. The HA will take all actions necessary to reach and maintain a utilization rate of at least 95%.

2. The HA will prepare a monthly report showing the number of certificate and voucher units under lease, and the number of certificates and vouchers outstanding by race, ethnicity, age, and disability of applicants and participants.

B. Payment of Utility Allowance [24 CFR 5.632 (b) 2]

The HA will pay utility allowance to the family.

C. Revising Utility Allowance Schedules

1. At least annually, the HA will obtain and analyze utility rate data for all utility providers in the local jurisdiction, and will determine whether there has been a change of 10% or more in the rate for any utility since the last revision of the Utility Allowance Schedule.

2. If there has been a change of 10% or more, an appropriate adjustment to the schedule will be made. No adjustment will be made for any increase calculated to be less than $1 per unit month.

3. The effective date for the new utility allowance is as designated/approved by the Commission Court.

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D. Revising Voucher Payment Standards

1. At least annually, the HA will determine whether the payment standard is adequate to allow families to find housing. The HA will analyze data on current voucher program participants, and will determine whether the number of voucher program participants paying more than 40% of their Adjusted Gross Income for rent and utilities is significant.

2. If HA determines that a significant number of voucher program participants are paying more than 40%, data on the rent and utility cost of units in the market area will also be examined to determine whether there is an adequate supply of rental units of all sizes available at or below the payment standard families who do not choose to accept an excessive rent burden.

3. The payment standard for each unit size will be set at a level adequate to allow families to lease units under the voucher program. However, under no circumstances will the voucher payment standard be set at less than 100% or more than 110% of the published Fair Market Rent without HUD approval, unless the reason for the increase is based on increased cost of utilities, in which case the payment standard may be raised to 120% of FMR without HUD approval.

4. The effective date for the new payment standards is as designated/approved by the Commission Court.

E. Internal Control Procedures

Organizational Structure: The organization structure provides an overview of the internal control environment. The Dallas County Commissioners are at the top of the structure with the Director of DCHHS at the top of the agency, reporting to the Dallas County Commissioners. The Asst. Director of Housing reports to the Director of DCHHS and so

. does the Ass!. Director of Finance, Budget and Contracts. The Housing Supervisor, to whom the case managers report to, reports to the Ass!. Director of Housing and the Grants Manager, to whom the financial staff report to, report to the Ass!' Director of Finance, Budget and Contracts.

Budget Development and Approval Process: The Grant Manager in conjunction with the Ass!. Director Finance, Budget and Contracts develops the annual budget at the start of the fiscal year. The budget is reviewed by the DCHHS Director and presented to Court for final approval by the Dallas County Commissioners. (Please refer to section X. F.)

Cash Management: Cash management assures the use of proper procedures and internal control when processing revenues received from grantors and other cash collections, such as receipts from other agencies for portability cases, receipts from clients for unintentional fraud, recovery from OIG for intentional fraud cases, overpayments received from landlords etc. The following areas provide reasonable assurance that funds intended for the program are safeguarded and handled appropriately:

• revenues from grantor received by direct deposit is reconciled 32

monthly to

ensure accuracy and deposit to the correct fund; • receipts from other housing authorities for portability cases are reconciled to

the contracts and deposited accordingly; • checks for overpayment from landlords are matched with appropriate

overpayment document prior to deposit; • all fraud related receipts are recorded and deposited timely; • all receipts in the form of checks and/or money orders awaiting deposit are

safeguarded in secure area; • deposits are prepared by Housing Accounting Specialist, reviewed by Grants

Manager and approved by the Asst. Director of Finance, Budget and Contracts • surplus or deficit in excess of a cumulative 5% of the budget will be reviewed

and grantor notified for further action

HAP Expenditures: (i) New Cases-Assistance authorizations are prepared by the case managers, approved by the case manager supervisors and submitted to Financial Administration for processing. Financial Administration clerk prepares request for payments that is reviewed by Grants Managers and approved by Ass!. Director of Finance, Budget and Contracts. The approved requests for payments are then sent to the Auditors Office for payments to be generated. (ii) Ongoing Cases-The rental authorization is reviewed by case managers, approved by the Ass!, Director of Housing and forwarded to Financial Administration for processing. Financial Administration clerk prepares request for payments that is reviewed by Grants Managers and approved by Ass!. Director of Finance, Budget and Contracts. The approved requests for payments are then sent to the Auditors Office for payments to be generated. Program monitors will review case files to ensure that HAP disbursements are accurate and backed by appropriate documentation. (Refer to Section X H. for more details on HAP Disbursements. )

Other Expenditures: All other non-payroll expenditure is processed through a requisition that prepared by Financial Administration clerk, reviewed for allow ability by the grants managers, coded to the appropriate cost center by the Grants Manager, reviewed by the Ass!. Director of Finance, Budget and Contracts and approved and routed through the Auditors Office to the Purchasing Department by DCHHS Director for issue of Purchase Order. On receipt of the goods/services the invoice is stamped with a receipt of materials requested (RMR) stamp, approved by the Ass!. Director of Finance, Budget and Contracts and sent to the Auditors Office for payments to be generated. Reporting: Financial reporting such as the voucher management system (VMS) are prepared by the Grants Managers, reviewed by the Ass!, Director of Finance Budget and Contracts and approved by the DCHHS Director prior to submitting reports to the grantor. The Real Estate Assessment Center report is prepared by the Grants Manager, reviewed by the Ass!, Director of Finance Budget and Contracts in conjunction with the internal auditors approved by the DCHHS Director, routed through the external auditors prior to submitting report to the grantor. Utilization, Administration and Expense Reports are prepared monthly by the Grants Manager, reviewed by the Asst. Director of Finance, Budget and Contracts and submitted to the DCHHS Director to accurately assess cash position and budget and unit utilization.

Property Control: Item purchased through the grant, that meets the capital threshold

33

of $5,000 or greater are tracked and managed. Financial Administration maintain an updated property listing of capitalized & non-capitalized items, tracks such items when required and follow established procedure for disposing obsolete equipment. The capitalized items are tagged with property tags. An annual review of all items is performed and certification of equipment-on-hand is completed by Asst. Director of Finance, Budget and Contracts, reviewed and approved by the DCHHS Director and submitted to the Auditor's Office. Lost or stolen items must be backed by official incident reports detailing the loss. (see attached copy of County policy on property management guidelines). Old/obsolete equipment that is not in use and needing to be disposed must be done so in a proper manner. The disposition must be authorized by the Department Head and approved by Commissioners Court and communicated to the grantor as such.

F. Administrative Fee Reserve 1. The HA maintains an administrative fee reserve for the Housing program. the

HA credits to the administrative fee reserve the total of:

• The amount by which program administrative fees paid by HUD for a fiscal year exceed HA's program expenses for the fiscal year, plus

• Interest earned on the administrative fee reserve.

2. If funds in the administrative fee reserve are not needed to cover the HA's Housing Program administrative expenses, HA may use these funds for other housing purposes permitted by State and local law. However, HUD may prohibit use of the funds for certain purpose

3. The Director is authorized to approve the use of funds in the administrative fee reserve account. The HA will adhere to Dallas County management policies regarding approval to use fund.

G. Renewal Funding and Line-item Appropriations

HUD determines DCHA total annual renewal funding based on set-asides in Appropriation Act of a given year. Typically, the annual renewal funding for HA is obligated during the calendar year, well after the beginning of the DCHA's fiscal year. In the interim, DCHA bases its line item budget on prior-year funding and later adjusts appropriations in accordance with the final renewal funding by HUD. Additionally, HA may make necessary appropriation transfers between line items to facilitate operational requirements.

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The FY2012 interim appropriations are as follows:

GROCERIES

UNIFORMS


SECTION 8 VOUCHER PROGRAM

2970

35

$3,500

H. Fraud Recovery [24 CFR 792.201 (Subpart B)1

If the HA determines that the family committed willful and intentional fraud, the HA will require the family to repay the entire amount in full or have assistance terminated, If the family's assistance is terminated and the repayment has not been made, the money will still be owed and the HA will take action to collect the amounts owed,

Before taking action against a family for any perceived fraud, the HA will carefully review documentation and calculations to ensure there are no errors,

If the HA determines that there was no willful intent to defraud and/or the family willingly supplied information regarding a violation, the HA will enter into a Repayment Agreement with the family while the family remains a participant in the program,

1, Rescheduling Repayment Agreement • The HA requires the family to pay the repayment agreement in full within two

(2) years, but not to exceed five (5) years, • If the financial status of a participant changes for the worse and the HA is

notified, the HA will change the schedule of the repayment agreement.

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• After three delinquent payments, the account will go into default and payment will be required, in full. If the family has defaulted on a previous repayment agreement, the HA may:

a) Execute another Repayment Agreement combining all amounts owed. b) Require payment in full of all other outstanding debts prior to

executing another Repayment Agreement. c) Require payment in full of all debts owed to the HA and process

termination in addition to collecting the amounts owed.

• Determination regarding the execution of additional Repayment Agreements will be based on the family's history of repayment and willingness to satisfy the debt. The final decision is at the discretion of the Housing Agency.

2. Certification of Repayment Agreement, Deposits, and Requirements for Administrative Fee Retention. • HA staff will certify each case to determine if the participant intentionally

committed fraud. • The HA must be the principal party initiating the action to recovery funds from

the family in order to retain any portion of the recovery. • The HA may retain 50% of the fraud recovery amount, actually collected, less

any HUD expenses related to the fraud recovery. • A copy of the Repayment Agreement form, the HA's Recovery Report, and a

cashier's check or money order will be submitted to Financial Administration at which point, the Financial Administration will determine the appropriate account.

3. Repayment agreement • The monthly payment amount plus the amount of rent that the tenant pays

should be affordable and not to exceed 40% of the monthly adjusted income. However, DCHA has the discretion to establish thresholds and policies for repayment agreement.

• The first payment will be due within 30 days of establishing the repayment agreement.

• Payments in the form of money order or cashiers check are to be made payable to Dallas County Department of Health and Human Services.

• Payments are to be mailed or submitted to the Dallas County Health and Human Service Section 8 Housing Division.

4. Accounting Treatment of Fraud Recovery • Fraud Cases Investigated by DIG: Payments received will be credited to

account receivable. If, after due process, payment is deemed uncollectable and is still outstanding past one year then HA will recognize the amount as bad debt and necessary accounting entries to credit accounts receivable and debit bad debt account will be made.

• Fraud Cases Involving Re-payment agreements: Payments received will be credited to account receivable. However, if client is terminated then HA will

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deem the un-paid portion of the fe-payment agreement as uncollectible and recognize the amount as bad debt. In this case accounts receivable will be credited and bad debt account will be debited.

I. HAP Disbursements

Housing Assistance Payments are processed pursuant to the HAP contract by and between the landlord/owner and HA A notification of payment exceptions is provided to landlords at the Landlord Briefing and certification obtained from landlord (see copy of Landlord Briefing-Supplement Exhibit L). The following are instances that impact payments to landlords:

1. Overpayments

If HA determines that the owner is not entitled to the housing assistance payment or any part of it, HA may deduct the amount of the overpayment from any amount due the owner (including amount due under any other Section 8 assistance contract). Amounts adjusted or received from the landlord will be booked to the accounts receivable ledger. Typically, landlords will receive an overpayment notification with specific amounts to be repaid and a reason associated for the overpayment. The program has two ways to resolve the overpaid amounts as follows:

(a) for active landlords: HA will adjust the amount with the next payment issued, regardless of client for whom the housing assistance payment is intended for;

(b) for inactive landlords: HA will require immediate payback of the overpaid amount and failure to do so will result in the matter being referred to the district attorney's office for further investigation and action. Payments received will be credited to account receivable. If, after due process, payment is deemed uncollectabie and is still outstanding past one year then HA will recognize the amount as bad debt and necessary accounting entries to credit accounts receivable and debit bad debt account will be made.

2. Backup Withholding

Landlords are responsible for providing accurate information in the IRS W-9 form required for processing HAP payments. Based on Section 3406 of the Internal Revenue Code the Dallas County Auditors Office (DCAO) is required to withhold a certain percentage (currently 28%, subject to change in the future) of the payments to landlords when landlords do not provide a correct NamelTlN combination on their W-9 form. Once the DCAO receives the notice from the IRS, they are required to disregard any future NamelTlN combination that the landlord furnishes and will require the landlords to obtain and send a Form SSA-7028 issued by the SSA office (for sole proprietors) or Letter 147C issued by the IRS (for non-sole proprietors). The backup withholding will continue to be in effect till the aforementioned documents are furnished to the DCAO.

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3. Withholding for Tax Delinquent Landlords

Housing Assistance Payments to landlords that are delinquent on their property taxes will have their payments withheld to satisfy the debt to the County. Payments withheld will be applied to the debt and will commence in full once the debt is satisfied. 4. Homestead Exemptions Landlords claiming homestead exemptions, on rental property, and not residing in that property, will be held liable for the offence. The matter may be reported to the central appraisal district for further action and the landlord may be subject to paying back an amount retroactive to when the violation first occurred. Landlords are therefore are strictly advised at the landlord briefing to adhere to the local tax laws when participating in this program.

J. TERMINATION of HAP Contract Insufficient Funding [24 CFR 982.454]

The HA may terminate the HAP contract if the HA determines, in accordance with HUD requirement, that funding under the consolidated ACC (Annual Contribution Contract) is insufficient to support continued assistance for families in the program.

The HA must notify the HUD field office and its financial analyst at the Financial Management Center (FMC) prior to termination actions due to insufficient funding. (Refer Exhibit 0 - page 89)

When HA determines that the termination of HAP contracts are necessary due to funding shortfall, the HA will execute terminations immediately (within 45 days). Exhibit P will show the order until such time that the shortfall amount is addressed. (Refer Exhibit P - page 93)

Section XI. Family Self Sufficiency Program Financial Management [24 CFR Part 984]

The HA will establish and maintain an escrow account that accrues funds for participants of the FSS Program. The HA will credit the applicable portion of the family's rent to the escrow account on a monthly basis. A statement containing the cumulative FSS contribution amounts, including interest eamed on the amount (as provided by the Dallas County Auditors Office), will be issued to each participant on an annual basis. The amount of a participant's FSS accrued funds will be disbursed upon completion of program objectives. FSS funds in a participants account may be forfeited if the HA determines that the "Contract of Participation" is violated in any manner or terminated due to reasons specified in the contract FSS forfeited funds will be credited to the housing assistance payment budget

Section Xli. Home Ownership Program

A. Overview and Operations

The goal of the Section 8 Homeownership Program is to expand home ownership opportunities for Dallas County's Section 8 participants by assisting them in transitioning from rental assistance to home ownership through utilization of Section 8 Housing

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Choice Vouchers. Homeownership assistance offers families currently receiving Section 8 tenant based assistance from Dallas County a new and special option. The program is completely voluntary and provides participants freedom of choice. Homeownership option:

Initial requirements [24 CFR 982.626]

- The program will limit funding to no more than 5% of Section 8 Housing Choice Vouchers being converted to section 8 Homeownership in any given fiscal year

- A minimum home owner down payment requirement of 3%, with at least the greater of 1 % or $985.00 coming from the home owner's funds;

- Mortgage financing for purchases of a home comply with FHA or conventional mortgage's secondary market underwriting requirements;

- Proven track record in operating both successful home ownership and Section 8 rental assistance program;

Eligibility requirements for families [24 CFR 982.627]

a. Families must meet the general requirements for admission to the Section 8 Housing Choice Voucher program as set forth in the Dallas County Section 8 Administrative Plan. Additional eligibility requirements for the Section 8 Homeownership Program including that the family must:

(1) Be a first time home buyer or have a member who is a person with disabilities.

(2) Have a minimum gross annual income of the current federal minimum wage times 2000 hours annually (except for elderly and disabled households) and a maximum gross annual income not to exceed 80% of the HUD median of family size currently used by Dallas County Housing Program.

(3) Or, if a family with a disabled member, a minimum income of the monthly SSI benefit for an individual living alone (or paying his or her share of food and housing costs) multiplied by twelve (12).

(4) Currently receiving County Section 8 rental voucher assistance; (5) Have fully repaid any outstanding debt owed to Dallas County, Landlord or

any other housing authority; (6) Not defaulted on a mortgage securing debt to purchase a home under a

home ownership option; (7) Not have any member in household who has a present home ownership

interest in a residence at the start of home ownership assistance; (8) Not have available in savings or other liquid assets 10% or more of the sales

price to put toward purchase; (9) Purchase a home whose purchase price is $98,500 or less; (10) Be credit worthy and able to qualify for a mortgage loan at market rate.

b. Eligible Units. [24 CFR 982.628]

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The Unit satisfies initial requirements (1) The unit is eligible (2) The unit is either under construction or already existing at the time the family

enters into the contract of sale (3) The unit is either a one-unit property (including a manufactured home) or a

single dwelling unit in a cooperative or condominium. (4) The unit has been inspected by a HA inspector and by an independent

inspector designated by the family

Additional HA requirements for family search and purchase [24 CFR 982.629]

(a) After lender pre-approval, the family has 60 days to find a home to purchase and (b) Execute a real state sales contract. For good cause, Dallas County Housing

Program may extend a family's time to locate a home for an additional 30 days. If the family is unable to locate a home to purchase in that time period, they may remain in the Section 8 rental program and reapply at a later date to the homeownership program.

Homeownership Counseling [24 CPR 982.630]

(a) Before commencement of homeownership assistance for a family, the family must attend and satisfactorily complete the pre-assistance homeownership and housing counseling program required by the HA.

(b) Suggested topics for the required pre-assistance counseling program include: (1) Home maintenance (2) Budgeting and money management (3) Credit counseling; (4) How to negotiate the purchase price of a home (5) How to obtain homeownership financing and loan pre-approval (6) How to find a home (7) Advantages of purchasing a home in an area that does not have a high

concentration of low-income families; (8) Information on fair housing (9) Information about the Real State Settlement Procedures Act

Continued assistance requirements; Family Obligation [24 CFR 982.633]

Before commencement of Section 8 Homeownership Assistance, the family must execute a statement of family obligations in the form prescribed by HUD. A family must agree in' writing, to comply with all family obligations under the Section 8 Homeownership Program. These include:

(1) Attending ongoing homeownership counseling as required by Dallas County Housing Program;

(2) Complying with mortgage terms; (3) Not selling or transferring the home to anyone without with out permission

from Dallas County Housing Program; (4) Not refinancing or adding debt secured by the home without prior approval

from Dallas County Housing Program;

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(5) Not obtaining a present ownership interest in another residence while receiving homeownership assistance;

(6) Supplying all required information to Dallas County Housing Program, including but not limited to annual verification of household income, notice of change in homeownership expenses, notice of move-out and notice of mortgage default;

(7) Must file a Texas Residential Homeownership Exemption on their property.

Maximum term of homeownership assistance [24 CFR 982.634]

Except in the case of a family that qualifies as and elderly or disabled family, shall not receive home ownership assistance for more than:

(1) Fifteen years, if the initial mortgage incurred to finance purchase of the home has a term of 20 years or longer; or

(2) Ten years, in all other cases.

Amount and distribution of monthly homeownership assistance payment [24 CFR 982.635]

(a) While the family is residing in the home, the HA shall pay a monthly homeownership assistance payment on behalf of the family that is equal to the lower of:

(1) The payment standard minus the total tenant payment; or

(2) The family's monthly homeownership expenses minus the total client payment.

(b) Payment Standard for family is the lower of;

(1) The payment standard for a family unit size; or

(2) The payment standard for the size of the home.

(c) Determination of homeownership expenses.

Dallas County housing program will use the same utility allowance and payment standard schedule as is applicable to the Section 8 Rental Voucher Program. Homeownership expenses for a homebuyer may only include amounts allowed by Dallas County Housing Program to cover the following:

(1) Principal and interest on initial mortgage debt and any MIP (Mortgage Insurance Premium) or PIM (Principal & Interest on Mortgage) incurred to finance purchase of the home and any refinancing of such debt.

(2) Real estate taxes and public assessments on the home.

(3) Home insurance.

(4) The HA allowance for maintenance expenses.

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(5) The HA allowance for costs of major repairs and replacements.

(6) The HA utility allowance for the home.

(7) Principal and interest on mortgage debt incurred to finance major repairs, replacements or improvements for the home.

(8) If the home is a condo or townhome unit, expenses may also include condo/town home monthly individual unit operating charges or maintenance fees assessed by the condo/town home association.

Portability [24 CFR 982.636]

A family who is eligible for homeownership assistance with Dallas County Housing Program may purchase a home outside Dallas County Housing Program's jurisdiction provided that the receiving HA is administering a homeownership program and is accepting new Section 8 Homeownership families. The family must attending the briefing and counseling sessions required by the receiving HA. The receiving HA will determine whether the financing for and the physical condition of the unit are acceptable. The receiving HA must immediately notify Dallas County Housing Program if the family has purchased a home within the maximum time established by the HA.

Move with Continued Tenant-Based Assistance [24 CFR 982.-637]

(a) A family may move with continued tenant based homeownership assistance or rental voucher assistance if they have fulfilled all of their homebuyer obligations specified in the Dallas County Housing Program policies governing this program.

(b) Dallas County Housing Program will not commence continued tenant-based assistance for occupancy of a new unit as long as any family member owns any title or other interest in the prior home.

(c) Dallas County Housing Program will not allow more than one move by the family during anyone year period. Dallas County Housing Program may deny permission for the family to move based on unfulfilled obligations, affordability, or any other issues that violate this homeownership rule. Permission to move will also be denied if Dallas County Housing Program determines that it does not have sufficient funding to provide continued assistance.

Administrative Fees [24 CFR 982.639}

HUD does not provide any additional or separate funding for homeownership assistance under this program. The ongoing Section 8 administrative fee that is paid to Dallas County Housing Program each month that homeownership assistance is paid by Dallas County Housing Program on behalf of the family.

Applicability of Other requirements [24 CFR 982.641]

All Fair Housing and Civil Right laws applicable to the Section 8 rental voucher program will be applicable to the Section 8 homeownership Program.

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All federal applicable property standards, environmental regulations, relocation, and lead-based paint requirements applicable to the Section 8 Homeownership Program will be met.

B. Financial Management [24 CFR 982.625]

The HA will establish and maintain accounts to facilitate housing mortgage payments for clients in the program. The housing assistance payments will be credited to accounts each month. A dual party check is disbursed to the client by HA. Clients are responsible for including their portions of mortgage payments for settling the monthly mortgage charges with their respective mortgage companies.

Section XIII. Expanding Housing Opportunities Through Mobiiity Counseling

Housing Opportunities

The HA is committed to providing its housing participants with the broadest possible range of housing choices. Actions to be taken will include:

1. Providing a thorough explanation to voucher holders of where they can move, using maps showing the various areas in and outside of HA's jurisdiction, and the location of key facilities and services. Discussing the advantages of living outside areas of low-income concentration;

2. Providing a thorough explanation of portability under the Housing program, and including in the packet a listing of the names and phone numbers of contact persons at neighboring housing authorities;

3. Providing a voucher holders and participants who wish to move with listings of units throughout Dallas County currently available for housing participants, and of owners and organizations operating outside of areas of low-income concentration;

4. Recruiting landlords in neighborhoods of the county where there are low concentrations of minorities and persons of low income;

5. Evaluating the need for, and seeking HUD approval if necessary for, payment standards exceeding 110% of the published Fair Market Rent for areas with lower concentrations of low-income families (applying for sub-market fair market rents); and

6. Conducting outreach to owners of rental housing in Dallas County and surrounding jurisdictions in areas with lower concentrations of low-income families. Outreach efforts will include periodic advertisements in the newspaper of general circulation, semi-annual meetings with current and potential owners, and the distribution to owners of informational materials about the Housing program.

Section XIV. Resident Advisory Board

On May 4, 2004, Dallas County Commissioners Court approved the development of the Resident Advisory Board as per U.S. Department Housing and Urban Development Code of Federal Regulations, to participate only in the development of the HA Plan on an annual basis. The Resident Advisory Board will present its recommendation(s) on

44

the Administrative Plan to the HA and the HA will submit these recommendation(s) to the Dallas County Commissioners Court for final approval.

Section XV. Disposition of Property (equipment and furniture over $5,000)

The HA will adhere to Dallas County management guidelines of personal property disposition policy in the event of disposing of excess and obsolete fumiture and equipment.

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Section XVI - Definitions

Absorption - In portability, the point at which a receiving HA stops billing the initial HA for assistance on behalf of a portability family. The receiving HA uses funds available under the receiving HA consolidated ACC.

Administrative plan· A document that describes the HA policies for administration of the tenant-based program.

Admission - The effective date of the first HAP contract for a family (first day of initial lease term) in a tenant-based program. This is the point when the family becomes a participant in the program.

Applicant (applicant family) - A family that has applied for admission to a program, but is not yet a participant in the program

Citizen - Citizen/national of the United States.

Contiguous MSA - In portability, an MSA that shares a common boundary with the MSA in which the jurisdiction of the initial HA is located

Continuously assisted - An applicant is continuously addicted under the 1937 Housing Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program.

Disabled person - One who is under a disability as specified in Section 223 of the Social Security Act (42 U.S.C. 423) or in Section 102(b)(5) of the Developmental Disabilities Services and Facilities construction Amendments of 1970 (42 U.S.C. 6001 (7)). (Any family member who is disabled qualifies that family as a disabled family.)

Displaced person - One who is displaced by governmental action, or one whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal Disaster Relief Laws.

Drug-related criminal activity- Term means: (1) Drug-trafficking; or (2) Illegal use, or possession for personal use, or a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

Drug-trafficking- The illegal manufacture, sale or distribution, or the possession with intent to manufacture, sell or distribute, or a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

Elderly person - A person who is at least 62 years of age.

Fair market rent (FMR)- The rent including the cost of utilities (except for telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. FMR for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in

46

accordance with 24 CFR part 888.

Family - One or more persons who share goals and values, have commitments to one another, and reside usually in the same place. (1) A "family" may be a single person or a group or persons. (2). A "family" includes a family with a child or children. (3) A group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides is a family. (4) a single person family may be (I) an elderly person, (if) a displaced person, (iii) a disable person and, (iv) any other single person. (5) A child who is temporarily away from the home because of placement in foster care is considered a member of the family.

Family Unit Size - The appropriate number of bedrooms for a family.

FMR - Fair market rent

HA - Housing Agency

HAP contract - Housing assistance payments contract

Housing Agency (HA) - A state, county, municipality or other govemmental entity or public body authorized to engage in or assist in the development or operation of lowincome housing.

Housing Assistance Payment (HAP) - The monthly assistance payment by an HA The total assistance payment consists of: (1) a payment to the owner for rent to owner under the family's lease. (2) An additional payment to the family if the total assistance payment exceeds the rent to owner. In the certification program, the additional payment is called a "utility reimbursement". Housing Assistance Payments contract (HAP Contract ) - A written contract between an HA and an owner, in the form prescribed by HUD headquarters, in which the HA agrees to make housing assistance payment to the owner on behalf of an eligible family.

Housing Quality Standards (HQS) - The HUD minimum quality standards for housing assisted under the tenant-based programs.

HUD - The United States Department of Housing and Urban Development

HUD requirements - HUD requirements for the Housing Choice Voucher programs. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directive.

Independent student - A student that meet one or more of the following criteria: • Be at least 24 years old by December 31 of the award year for which aid is sought; • Be an orphan or ward of the court through the age of 18; • Be a veteran of the U.S. Armed Forces; • Have legal dependents other than a spouse (for example, dependent children or an

47

elderly dependent parent); • Be a graduate or professional student; or, • Be married.

Initial contract rent- The contract rent at the beginning of the initial lease term

Initial/ease term - The initial term of the assisted lease. The initial term must be for at least one year.

Initial rent to owner- The rent to owner at the beginning of the initial lease term

Jurisdiction - The area in which the HA has authority under State and local law to administer the program.

Lease - A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payment under a HAP Contract between and the HA.

Lease addendum- An addition to the lease between the tenant and the owner, the lease language by HUD.

1937 Housing Act program - Any of the following programs: (1) The public housing program or Indian housing program (2) Any program assisted under Section 8 of the 1937 Act including assistance under a

Section 8 tenant-based or project-based program. (3) The Section 23 leased housing and housing assistance programs.

Major life activity - Those activities that are of central importance to daily life, to include but not limited to, seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking.

Non-citizen - A person who is neither a citizen nor a national of the United States

Owner - Any person or entity with the legal right to lease or sublease a unit to a participant.

Participant (participant family) - A family that has been admitted to the HA program, and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the HA for the family.

Payment standard - In the voucher program, an amount used by the HA to calculate the housing assistance payment for a family. Each payment standard amount is based on the fair market rent. The payment standard is the maximum monthly subsidy payment.

Person with a Disability - (1) A individual with a physical or mental impairment that substantially limits one or more major life activities; (2) a individual who is regarded as having such an impairment; and (3) a individual with a record of such an impairment.

48

PHA - Public housing agency (Public housing agency and housing agency mean the same thing.)

Portability - Renting a dwelling unit with Housing Choice tenant-based assistance outside the jurisdiction of the initial HA

Premises - The building or complex in which the dwelling unit is located, including common areas and grounds.

Program - The Housing Choice Voucher Program

Physical or mental impairment - Includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addition (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

Reasonable Accommodation - A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling.

Reasonable rent - A rent to owner that is not more than either: (1) rent charged for comparable units in the private unassisted market; or (2) rent charged by the owner for a comparable assisted or unassisted unit in the building or premises.

Receiving HA - In portability, an HA that receives a family selected for participation in the tenant-based program of another HA. The receiving HA issues a certificate or voucher, and provides program assistance to the family.

Rent to owner- The monthly rent payable to the owner under the lease. Rent to owner includes payment for any services, maintenance and utilities to be provides by the owner includes payment for any services, maintenance and utilities to be provided by the owner in accordance with the lease.

Special admission - Admission of an applicant that is not on the HA waiting list, or without considering the applicant's waiting list position.

Student - All students enrolled either full-time or part-time at an institution of higher education.

Suspension - Stopping the clock on the term of a family's certificate or voucher, for such period as determined by the HA, from the time when the family submits a request for HA approval to lease a unit, until the time when the HA approves or denies the request.

Tenant - The person or persons (other than a live-in aide) who execute the lease as lessee of the dwelling unit

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Tenant rent - The amount of rent to be paid by the tenant

Unit- Dwelling unit

Utility reimbursement - The amount, if any, by which any utility allowance for familypaid utilities or other housing services exceeds the total tenant payment.

Violent criminal activity - Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.

Voucher (rental voucher) - A document issued by an HA to a family selected for admission to the. voucher program, The voucher describes the program and the procedures for HA approval of a unit selected by the family, The voucher also states the obligations of the family under the program,

Voucher holder- A family holding a voucher with unexpired search time,

Voucher program - Housing Choice Voucher Program,

Waiting list admission - An admission from the HA waiting list

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Exhibit A - Landlord Briefing Packet

Housing Choice Voucher Existing Program

Dallas County Housing Agency Responsibilities

Owner Responsibilities

Family Responsibilities

Eligible and Ineligible types of Housing

Housing Quality Standards Inspections

Rent Reasonableness

Contractual Relationships in the Housing Choice Voucher Program (Chart)

When Assistance is paid by DCHA

Steps to Leasing Property on DCHA Housing Choice Voucher Program

Fair Market Rents and Payment Standards

Area of Jurisdiction

Housing Voucher (Sample)

Housing Assistance Payments Contracts (Sample)

Voucher Program

Lease Addendum (HUD-52535.3) (Sample)

Lease Addendum (Drug Free) (Sample)

Inspection Form (HUD-52580-A) (Sample)

Request for Lease Approval (Sample)

Landlord Packet (Sample)

Utility Schedule (Sample)

Fair Housing Booklet

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Exhibit B - Income Limits

FY 2011

Number of Persons in Family Maximum Annual Income Limit

1

2

3

4

5

6

7

8

30% of Median - $14,550 Very Low Income - $ 24,200 Lower Income - $ 38,750



30% of Median - $ 20,750 Very Low Income - $ 34,550 Lower Income - $ 55,300





Exhibit C - Income Assets

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A. Annual Income Means Ali Amounts, Monetary or Not, Which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or

to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12-

month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (C) of this section (4) Annual income also means amounts derived (during the 12-month period) from

assets to which any member of the family has access.

B. Annual Income Includes, But is Not Limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime

pay, commissions, fees, tips and bonuses, and other compensation for personal services;

(2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;

(3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (8) (2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $ 5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;

(4) Saving and checking accounts are the most common assets. To determine the value of these accounts, DCHA will use count the current balance of the saving and or the checking account.

(5) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (C)(14) of this section);

(6) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay ( except as provided in paragraph (C)(3) of this section);

(7) Welfare assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:

53

(i) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus

(ii) The maximum amounts that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage;

(8) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling;

(9) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (C)(7) of this section).

C. Annual income Does Not Include the Following: (1) Income from employment of children (including foster children) under the age of

18 years; (2) Payments received for the care of foster children or foster adults (usually persons

with disabilities, unrelated to the tenant family, who are unable to live alone); (3) Lump-sum additions to family assets, such as inheritances, insurance payments

(including payments under health and accident insurance and worker'S compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (8)(5) of this section);

(4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;

(5) Income of a live-in aide, as defined in 24 CFR 5.403; (6) The full amount of student financial assistance paid directly to the student or to

the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed

to hostile fire; (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a

limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain SelfSufficiency (PASS);

(iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;

(iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $ 200 per month) received by a resident for performing a service for the HA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the HA's governing board. No resident may receive more than one such stipend during the same period of time;

(v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts

54

excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;

(9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed

under the laws of that government by persons who were persecuted during the Nazi era;

(11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);

(12) Adoption assistance payments in excess of $480 per adopted child; (13) Deferred periodic amounts from supplemental security income and social

security benefits that are received in a lump sum amount or in prospective monthly amounts.

(14) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;

(15) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or

(16) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609 (c) apply. A notice will be published in the Federal Register and distributed to HA's and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary.

D. Annualize of Income:

If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income). or the HA believes that past income is the best available indicator of expected future income, the HA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

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Exhibit D - Briefing Package Contents

1, Voucher

a, How to obtain an extension on Rental Voucher

2, How the Housing Assistance Payment is computed

3, How to determine the Maximum Rent on a unit

4, Factors every family should consider when leasing a unit

5, Information on Portability

6, HUD lease Addendum

7, What information about family will be shared with Landlord

8, Fair Market Rent and Subsidy Standards

9, Request for Lease Approval with attachments

10, HUD Brochure - How to select a unit

11, Lead-Based Paint Notice

12, Information on Fair Housing

a, HUD Form 903, Housing Discrimination Complaint

b, HUD Form 1260-FHEO (2), Fair Housing, It's Your Right

13, Landlords List

a, List of HUD assisted properties

b, List of Rental Properties

14, List of Accessible Units

15, Family Obligation under the Program

16, Termination of Family Assistance

17. Informal Hearing Procedures

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Exhibit E - Portability Procedures and Accounting System

I. Overview

An eligible Section 8 client may use the voucher to lease a unit anywhere in the United States where there is a housing agency operating a housing choice voucher program. Those families are known as portable clients. Dallas County Housing Choice Voucher Program administers both initial and receiving portability clients.

a. Initial Dallas County Housing Choice Voucher Program participants may move to a different jurisdiction where there is a housing agency operating a housing choice voucher program. Those vouchers are recognized as portable vouchers and Dallas County Housing Agency administers the voucher as an Initial HA. The HA in the jurisdiction to which the family wishes to relocate is called the Receiving HA.

b. Receiving Dallas County Housing Choice Voucher Program also accepts the Section 8 participants wishing to relocate from other jurisdiction to Dallas County. Those vouchers are also recognized as portable vouchers and Dallas County Housing Agency administers the voucher as a Receiving HA.

II. Program Procedure

a. When the Dallas County Housing Agency (DCHA) is the Initial Housing Authority:

i. DCHA will brief the family on the process that must take place to exercise portability.

ii. DCHA will determine whether the family is income-eligible in the area where the family wants to lease a unit (if applicable)

iii. DCHA will advise the family how to contact and request assistance from the Receiving Housing Authority.

iv. DCHA will promptly notify the Receiving Housing Authority to expect the family.

iv. The family will contact the receiving HA, and comply with receiving HA procedures for incoming portable families.

v. DCHA will immediately mail to the Receiving Housing Authority the most recent HUD Form 50058 (Family Report) for the family, EIV and related verification information.

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b. When the Dallas County Housing Agency (DCHA) is the Receiving Housing Authority:

i. When the portable family requests assistance from DCHA, DCHA will promptly inform the Initial Housing Authority whether it will bill the Initial Housing Authority for assistance on behalf of the portable family, or absorb the family into its own program. When DCHA receives a portable family, the family may be absorbed if funds are available and a voucher will be issued.

ii. The term of the DCHA voucher will not expire before the expiration date of any Initial Housing Authority's voucher. The DCHA will determine whether to extend the voucher term. The family must submit a request for tenancy approval to the DCHA during the term of the DCHA

iii. The DCHA will determine the family unit size for the portable family. The family unit size is determined in accordance with the DCHA subsidy standards.

iv. The DCHA will promptly notify the Initial Housing Authority if the family has leased an eligible unit under the program, or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the voucher.

v. If the DCHA opts to conduct a new reexamination, DCHA will not delay issuing the family a voucher or otherwise delay approval of a unit unless the re-certification's voucher is necessary to determine income eligibility.

vi. In order to provide tenant-based assistance for portable families, DCHA will perform all Housing Authority program functions, such as reexaminations of family income and composition. At any time, either the Initial Housing Authority or the DCHA may make a determination to deny or terminate assistance to the family in accordance with 24 CFR 982.552.

c. Absorption by the DCHA:

If funding is available under the consolidated ACC for the DCHA Voucher Program when the portable family is received, DCHA may absorb the family into its Voucher Program. After absorption, the family is assisted with funds available under the consolidated ACC for DCHA Tenant-Based Program.

d. Portability Billing

i. As the Initial Housing Authority, DCHA will promptly reimburse the Receiving Housing Authority for the full amount of the housing assistance payments made by the Receiving Housing Authority for the portable

58

family. The amount of the housing assistance payment for a portable family in the Receiving Housing Authority's program is determined in the same manner as for other families in the Receiving Housing Authority's program.

ii. DCHA will promptly reimburse the Receiving Housing Authority for 80% of the DCHA on-going administrative fee for each unit month that the family receives assistance under the tenant-based programs and is assisted by the Receiving Housing Authority. If both Housing Authorities agree, we may negotiate a different amount of reimbursement.

III. Financial Administration Itemized Procedures

a. Initial (port-out)

i. Case Manager submits the Assistance Authorization Form (AA) (sample copy attached) along with the Part II A of Form HUD-52665 (sample copy attached) to the Financial Administration (FA). FA make payments to the receiving HA based on information on this form.

ii. FA will then generate a Request for Payment to reimburse the receiving HA for 100% of the HAP made by the receiving HA and the administrative fee. The administrative fee is 80% of the Dallas County's column B fee factor.

iii. FA records all accounts payable/payment information of receiving HA and generates a sub-ledger (see attached sample) to reflect the portability transaction

iv Case Manager provides form HUD-52665 in the event of the receiving HA absorbing the family into their program, in which case FA terminates payments to the initial HA.

b. Receiving (port-in)

i. Case Manager submits the Assistance Authorization Form (sample copy attached) along with the Part II A of Form HUD-52665 to Financial Administration (FA). FA makes HAP payments based on information in this form.

ii. FA will then generate Request for Payments to pay the total amount of client's HAP.

iii. FA generates invoices (sample copy attached) for all initial HA's. The invoice contains the monthly HAP due and the administrative fee which is 80% of the initial HA's column B fee factor.

iv. FA records all accounts payable/payment information of receiving HA and generates a sub-ledger (see attached sample) to reflect the portability transaction

59

v. Case Manager provides form HUD-52665 in the event of Dallas County absorbing the family into our program in which case FA terminates the invoicing (to the Initial HA) for the said client.

c. Ongoing Disbursement of Portability Payments/HAP Register

i. Each month FA will provide Portability Rental Authorization to Case Managers for review and sign-off along with the regular HCV rental Authorization to the Case Managers.

ii. Case Managers will provide appropriate approval on the Rental Authorization and submit the HAP register (copy of sample excerpt) to the FA.

iii. Case Managers will also notify the FA and provide amended contract along with the AA in the event that any rental, utility or administrative fee amount changes. FA will incorporate the required changes.

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Exhibit F - Initial Inspection of Units [24 CFR 982.305]

Prior to the start of a new HAP contract, an initial inspection must be conducted. This process, started by the Case Managers, is done when a written initial request is submitted.

Once the inspection clerk has received the initial request, he/she will enter the request into the computer and tentatively assign it to one of the inspectors. The clerk will then date the 'Initial request and forward it on to the Inspections Supervisor for final approval.

The Inspections Supervisor will review the request and determine based on workload, if the initial inspector assigned will conduct the inspection. At times, the initial request will have to be reassigned to another inspector due to illness, vacation, work load and special projects.

Once assigned, the inspector has five (5) working days to complete and retum the inspection and a completed rent reasonable form to the inspections supervisor. The inspection supervisor will have one (1) working day to review for correctness and then forward the inspection packet to the inspections clerk. The clerk will have two (2) working days to impute the results and return the completed passed initial inspection and rent reasonable form to the case manager. Should the unit fail, and corrective action needed, the owner will have thirty (30) days to make the repairs. The unit will fail if the utilities are not on at the time of inspection. The owner will have to activate the utilities prior to the tenant moving in. Once the repairs have been made and the unit has been reinspected, then the process rnay move forward.

Under no circumstances will a HAP contract be initiated or signed, until a passed inspection and a rent reasonable has been cornpleted, entered and submitted back to the case manager.

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Exhibit G - Annual Inspection of Units [24 CFR 982.404 -982.405, & 24 CFR 983.204]

At least once a year, 90 days prior to the anniversary date of the HAP contract. The HA will conduct an inspection of each of its assisted units. If the HA determines that the unit is not in compliance with HaS standards as defined in section 982.401 of the CFR, a notice will be sent to the owner advising them of the repairs needed. Thirty (30) days will generally be allowed for the owner to make the repairs. The exception to this will be, if the corrective action needed, is determined by the HA to be life threatening. In this case the corrective action must take place within 24 hours.

The HA will re-inspect the unit after the time allowed or at a time earlier should the owner notify the HA that all repairs have been made. If the repairs have not been made after the time allowed, the HAP contract payments will be abated. The abatement will be in affect until all repairs are made or until the HAP contract is terminated for non compliance.

No retroactive payments will be made for the period that the unit is in abatement and not in compliance with HaS standards.

The HA will bar owners from future participation in the Housing Assistance Program who have three (3) units abated or terminated for non-compliance with the HaS standards referenced above.

If the unit fails HaS for reasons attributed to the clients miss use of the unit, the client will be notified in writing, as to the action the client must take to remedy the situation. If the client fails to provide or maintain in working order any appliances that are provided by the client or when a member or guest of the family causes damage to the unit beyond normal wear and tear, the family will be given thirty (30) days to correct the defect. If defect is deemed to be of a life threatening nature, such as the client fails to pay for utilities that are their responsibility, the client will have 24 hours to take corrective action. If the defects are not corrected within the time allowed, the HAP contract and the client's participation in the program will be terminated.

The client and the owner may request an inspection at any time during the year if a deficiency exists and if efforts to have the deficiency corrected by the responsible party have failed. The inspection and the HA follow up will be handled as described above.

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Exhibit H - Reportable Income that is excluded from 50058

1. Welfare income (Food Stamp)

2. Live-in aide income [24 CFR5.403] a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:

I. Is determined to be essential to the care and well-being of the persons; II. Is not obligated for the support of the persons·, and iii. Would not be living in the unit except to provide the necessary supportive

services.

3. Earned Income Disallowance (EID) [24 CFR 5.617]

HUD issued a final rule January 19, 2001 in the Federal Register effective for disabled families who are participants in the Section 8 housing Choice Voucher Program on or after April 20, 2001. HA's must take all necessary steps to ensure those disabled families eligible for the mandatory earned income disallowance receive the disallowance.

The annual income for qualified disabled families may not be increased as a result of increases in earned income of a member who is a person with disabilities beginning on the date on which the increase in earned income begins and continuing for a cumulative 12- month period. After the disabled family receives 12 cumulative months of the full exclusion, annual income will include a phase-in of half the earned income excluded from annual income.

EID QUALIFICATION:

i. To qualify for the EID, an HCV family must be a program participant, that is it must already be receiving assistance under HCV program

ii. In addition to qualify for the EID, an HCV family must experience an increase in annual income that is the result of one of the following three events:

1. Employment by a family member who is a person with disabilities and who was "previously unemployed" for one or more years prior to employment.

The definition of previously unemployed includes a person who has earned not more than could be earned working 10 hours per week for 50 weeks at the established minimum wage; that is the minimum wage applicable to the locality in which the EID determination is made.

2. Increased earnings by a family member who is a person with disabilities and whose earnings increased during participation in an economic self-sufficiency

63

program or other job training program.

An economic self-sufficiency program [24 CFR S.S03(b)] is any program designed to encourage, assist, train, or facilitate the economic independence of HUDassisted families or to provide work for such families.

3. New employment or increased earnings by family member who is a person with disabilities and who has received TANF benefits or services within the past six months

If the TANF is received in the form of monthly maintenance, there is no minimum amount.

If the TANF is received in the form of one-time payments, wages subsidies, or transportation assistance, the total amount received over a six-month period must be at least $50.

64

Exhibit I - Special Programs

Dallas County Housing Agency has administered HUD Multifamily Housing Conversion Program since 1998. HUD provides tenant based rental assistance to a$sist eligible residents that are affected by such action. (Notice PIH 2001-41 (HA))

65

Special Attention: Public Housing Hub

(HA) Office Directors; PIH Program Center

Coordinators; Multifamily Hub Directors;

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

NOTICE PIH 200141

Multifamily Program Center Directors; Section 8 Public

2002 Housing Agencies; and Owners/Agents

Issued: November 14, 2001

Expires: November 30,

Cross References:

Subject: Section 8 Tenant-Based Assistance (Enhanced and Regular Housing Choice Vouchers) For Housing Conversion Actions - Policy and Processing Guidance

1. Purpose. The purpose of this notice is to revise the funding process and several ad~inistrative policies concerning regular and enhanced vouchers provided as the result of Housing conversion actions.

2. Background. Over the past few years and subject to the availability of appropriations, HUD has provided

tenant-based rental assistance in order to assist eligible residents that are affected by several different types of owner or HUD actions in HUD's Office of Multifamily Housing programs (collectively described as "Housing conversion actions"). These actions are owner decisions to opt-out of or not renew Section 8 project-based contracts (opt-outs); owner prepayment of the mortgage or voluntary termination of the mortgage insurance of a preservation eligible property (preservation prepayments); HUD enforcement actions against the owner (including terw,ination or non-renewal of a Section 8 project-based housing assistance payments (HAP) contract); and HUD property disposition activities.

Depending on the Housing conversion action, eligible families receive either regular voucher assistance or enhanced voucher assistance. Enhanced voucher assistance under Section 8(t) of the United States Housing Act of 1937 differs from regular housing choice voucher assistance in two major respects. If the family remains in the project, the family must continue to contribute towards rent at least the amount the family was paying for rent on the eligibility event,

66

and a higher "enhanced" payment standard is used to determine the amount of subsidy when the gross rent exceeds the normally applicable PHA payment standard.

This notice supersedes HOD Notice PIH 2000-9. While much of the information in this notice is the same as the guidance previcusly provided in HOD Notice PIH 2000-9, the following policy changes and clarifications are· included:

A. The procedures for processing housing choice voucher funding for Housing conversion actions have been significantly streamlined. In addition, the effective date of the annual contributions contract (ACC) is specified. (pages 13-17)

B. PHAs are no longer required to cost-justify the $250 special fee provided for the extraordinary administrative costs associated with a Housing conversion action. PHAs will automatically receive the full $250 special fee for each occupied unit covered by the conversion action at the time the funding increment is added to the PHA' s ACC exhibit. (pages 12-13)

C. Guidance on the PHA screening of Housing conversion families has been slightly revised to

ensure that the PHA screening of applicant is consistent with the PHA screening policy for regular admission applicants. (page 6)

D. Additional guidance is provided on determining whether enhanced or regular voucher assistance is made available to eligible families. (pages 3 5 pages 24 - 25)

E. The notice revises information previouslY provided on owner opt-outs to clarify families assisted under rent supplement contract that end are only eligible for enhanced voucher assistance under section 524 (d) of the Multifamily Assistance Housing Reform and Affordability Act of 1997 (MAHRA very in very limited circumstances. (page 18)

F. The notice adds a new component to the owner optout category. Eligible low - income families assisted under a rent supplement contract that terminates but is not covered by section 524 (d)of MAHRA may now receive regular voucher assistance in certain circumstances, subject to the availabili ty of appropriations. (page 4)

G. Guidance on the enhanced voucher policy on overhoused families has been expanded. (pages 27 - 29,

67

35-36)

H. The notice implements a new policy on retaining enhanced voucher protections for eligible families that do not immediately qualify for a voucher subsidy because the owner's initial gross rent following the eligibility event will be less than the family share. (page 25)

I. The FY 2001 Military Construction and FY 2000 Emergency Supplemental Appropriations Act amended the enhanced voucher statute at 8(t) to provide that families have the right to elect to remain in the same project with enhanced voucher protection. The Section 8 Renewal Policy Guidebook, issued by the Office of Multifamily Housing on January 19, 2001, provides guidance on an owner' s responsibility to accept enhanced voucher assistance on behalf of eligible tenants if the owner opts-out of the Section 8 project-based contract. The notice clarifies that these same protections also extend to families that receive enhanced voucher assistance as the result of preservation prepayments. (page 25)

PART I General Programmatic Policies for Housing Conversion Actions

A. Covered housing conversion actions. B. Common tenant-based programmatic issues for Housing

conversion actions. C. Funding processing issues and the special fee. D. Funding procedures.

A. Housing Conversion Actions

The following actions constitute "Housing conversion actions" and are covered by this notice.

Preservation prepayments. If appropriations are available, certain residents of preservation eligible properties (generally Section 236 and Section 221 (d) (3) projects) are eligible for enhanced voucher assistance when the owner prepays the mortgage or voluntarily terminates the mortgage insurance. Part II of the notice covers family eligibility for enhanced vouchers as a result of a preservation prepayment.

Project-based opt-outs. When an owner chooses to end participation in certain programs by either opting-out

68

2

3

of or not renewing certain expiring Section 8 contracts, eligible low-income residents assisted under the expiring Section 8 project - based contract are eligible for enhanced voucher assistance. The opt-out category includes cases where Section 8 contracts in restructured projects are converted to tenant-based assistance in accordance with section 515(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997. In the case of a 515(c) opt-out, all families assisted under the expiring contract are income-eligible for enhanced voucher assistance.

Eligible low-income residents assisted under a rent supplement contract under Section 101 of the Housing and Urban Development Act of 1965 that ends at expiration of a Section 8 HAP contract for units in the project are also eligible for enhanced voucher assistance. In the case where a rent supplement contract ends and there is not an expiring Section 8 project-based contract at the project, regular vouchers are provided to the eligible low income families covered by the rent supplement contract, subject to the availability of appropriations.

HUD enforcement actions. In these cases, HUD is either terminating the Section 8 project-based HAP contract or not offering the owner the option to renew an expiring Section 8 project-based HAP contract due to an owner's failure to comply with the terms of the HAP contract. It includes suspensions and debarments.

HUD enforcement actions may also result from material adverse financial or managerial actions or omissions that lead to either owner default under a FHA -insured mortgage (monetary or technical) or a documented material violation of one or more of the obligations under the project's Regulatory Agreement.

Eligible families are usually assisted with regular vouchers in these circumstances because families must move to receive housing choice voucher assistance. Units subject to an enforcement action are usually not in decent, safe, and sanitary condition.

PHAs must not approve an assisted tenancy if the PHA has been informed that the owner is debarred, suspended, or subject to a limited denial of participation. Furthermore, PHAs may also disapprove owner participation in the housing choice voucher program for a number of other grounds described in the housing choice voucher program regulations. For

example, the PHA may disapprove the owner if an owner

69 4

has violated obligations under a HAP contract under Section 8 of the 1937 Act; if the owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; or if the owner has a history or practice of non-compliance with applicable housing standards leased with Section 8 project - based assistance or leased under any housing program. HUD encourages the PHA to disapprove a tenancy for any of these grounds in a case where vouchers are provided because HUD is taking an enforcement action against the owner.

In a few situations, however, families assisted under a Section 8 project - based HAP contract that is being terminated may be able to remain at the property. In such a case, the project ~ based families would qualify for enhanced vouchers. These exceptions are further discussed in detail in Part II of the notice.

HUD property disposition (PO). In these cases HUD is selling the property at a foreclosure sale, or is the mortgagee-in-possession or owner of the multifamily property due to an owner default on an FHA-insured mortgage and is closing down the property or selling the property to a new owner. Regular vouchers are provided to assist eligible low-income families in these cases.

B. Common tenant-based program issues for Housing conversion actions.

In general, housing choice voucher program rules, regulations, and requirements apply to special admission vouchers made available for families as the result of Housing conversion actions. Enhanced vouchers have several unique requirements that are covered extensively in Part II of this notice. The following program guidance is applicable to all Housing conversion actions and both regular and enhanced voucher assistance.

(1) -based nature of the assistance. Housing choice vouchers (including enhanced vouchers) provided as the result of a Housing conversion action are always tenant-based assistance. Families issued vouchers may elect to use the assistance in the same project and in all cases may choose to move from the property immediately. Families may i~~ediately move outside of the jurisdiction of the administering PHA under the portability provisions of the voucher program. There is no guarantee to the owner that any housing choice

70

voucher assistance will be used at the property for any period of time. The PHA should emphasize the tenantbased aspect of the assistance when briefing the families, who may be unfamiliar with the concept of tenant - based assistance and the freedom of choice associated with a tenant-based subsidy. (2) PHA screening of families. By agreeing to administer the special admission tenant - based assistance, the PHA is not relinquishing its authority to screen potentially eligible families or deny assistance for any grounds allowed by §982.552 and §982.553. The screening of families and decisions to deny admission to the program must be the same as the PHA policy for screening regular admissions of families from the PHA waiting list.

The PHA must provide a family with an opportunity for an informal review if it denies the family admission to the voucher program in accordance with the housing choice voucher regulations. While the decision to deny assistance rests with the PHA, HUD encourages PHAs to provide an otherwise eligible resident with the opportunity to enter into a repayment agreement if the sole reason for the denial is that the family owes the PHA or another PHA rent or other amounts in connection with public housing or Section 8.

(3) Use of owner certifications for determining tenant income. In order to reduce processing time, HUD permits the PHA to use the owner' s most recent family income examination if (a) the owner' s current certification for the family is no more than six months old and (b) the PHA determines that the owner certifications are acceptable after reviewing a small sample for accuracy. The PHA is never required to use the owner certifications and may choose to conduct its own income determination and verification.

Federal law and program regulations require a reexamination of family income and composition at least annually. Therefore, if the PHA chooses to use the owner's income certification, the PHA must complete the subsequent family reexamination within one year of the date of the owner certification, not the date the PHA accepted the owner certification in lieu of conducting its own determination.

(4) PHA subsidy standards. The PHA issues the housing choice vouchers in accordance with the PHA subsidY standards, not the actual size of the unit the family is currently occupying. There is a special rule for enhanced vouchers concerning families who reside in over-sized units and wish to remain at the property This exception only applies to enhanced voucher

71

assistance and is covered in Part II of this Notice.

The normal tenant based program rules apply in all other cases. The family unit size determined by the PHA subsidy standards is used to calculate the maximum rent subsidy for the family. The payment standard for the family must be the lower of the payment standard for the family unit size under the PHA subsidy standards or the payment standard for the actual size of the unit rented by the family (see §982.402(c)).

(5) Term of the voucher. Since these vouchers targeted to specific families adversely affected by HUD or owner actions in HUD multifamily projects, the PHA is encouraged and expected to provide families with maximum search time that is reasonably required to locate housing.

(6) Rent reasonableness and approval of tenanci. All regular program requirements concerning the reasonableness of the rent apply, regardless of whether the vouchers are enhanced vouchers or regular vouchers. (Reasonable rent is defined at 24 CFR 982.4 as a rent to owner that is not more than rent charged: (1) for comparable units in the private unassisted market; and (2) for comparable unassisted units in the premises.) The PHA may not approve a lease until the PHA determines that the initial rent to owner is a reasonable rent, regardless of whether the family prefers to remain in the family's current unit. The PHA must determine the rent requested by the owner is a reasonable rent in comparison to other comparable unassisted units based on the current condition of the unit. The PHA does not base the rent reasonableness determination on any pending or planned enhancements to the property. If the PHA determines the proposed rent is not reasonable, the owner must lower the.rent or the family will have to find another unit in order to benefit from the voucher subsidy.

PHA approval of the assisted tenancy must be in accordance with program requirements, regardless of whether the family is staying in the unit at the property or moving to a new IDcation. The PHA may not approve any temporary or short-term leases between the family and the owner. The initial lease term must be for at least one year unless the PHA has determined for the housing choice voucher program that a shorter term would improve housing opportunities for the tenant and such shorter term is the prevailing local market practice (see §982.309).

72 7

(7) Housing Quality Standards (HQS) inspections. The PHA must inspect the unit and ensure that the unit meets the housing quality standards of the program, regardless of whether the family is residing in a unit that was previously assisted under a Section 8 project - based contract. Under no circumstances may the PHA make housing assistance payments for any period of time prior to the date that the PHA physically inspects the unit and determines the unit meets the housing quality standards. The PHA does not make any exceptions to the normal housing quality standards used by the PHA and conducts a complete HQS inspection of the unit.

(8) Timing issues involving HAP contract execution and effective dates. The funding process is intended to re ssuance of the voucher to the family at least 60 days prior to the target date of the Housing conversion action. The target date refers to the date that the family would be impacted by a rent increase or possible displacement as a results of the conversion action. For example, under an opt-out or HUD enforcement action the target date is the date which the project - based HAP contract expires or is terminated. For a preservation property, the target date is the earliest date the owner may increase the rent (no earlier than 60 days following the effective date of the prepayment). However, in some circumstances it may not be possible to issue the voucher 60 days before the target date.

Before approving a family to lease a dwelling unit with voucher assistance, the PHA must determine that the following conditions are met: (1) the unit is eligible, (2) the unit has been inspected by the PHA and passes HQS, (3) the lease includes the tenancy addendum, (4) the rent to the owner is reasonable, and (5) at the time a family initially receives tenant - based regular voucher assistance for occupancy of a dwelling unit and where the gross rent of the unit exceeds the applicable payment standard for the family, the family share (gross rent minus subsidy) must not exceed 40 percent of the family' s adj usted monthly income. (The 40 percent restriction is not applicable in the case of a family assisted with enhanced voucher assistance. See part II of this notice for a detailed discussion of the enhanced voucher subsidy calculation.)

Once these conditions are met, the PHA may approve the unit for leasing. PHAs are reminded that while the PHA must use best efforts to execute the HAP contract before the beginning of the lease term, the HAP contract may be executed up to 60 calendar days after the beginning of the lease term (see §982.305(c)). If

73 8

the HAP contract is executed during this period, the PHA will pay retroactive housing assistance payments to cover the portion of the PHA approved lease term before execution of the HAP contract. However, under no circumstances may the PHA make payments to the owner before the HAP contract is executed. Furthermore, any HAP contract executed after the 60 - day period is void and the PHA may not pay any housing assistance payment to the owner for that period.

In some circumstances where the funding is not yet available on the target date, this 60 - day window can prevent unnecessary hardship on the family. For instance, if the unit is approved by the PHA and the owner is willing to lease the unit to the family with the understanding they will receive HAP payments retroactively (provided the HAP contract is execute within the following 60 days), the family can be protected even though the funding is not available. It is crucial that the PHA make the unit approval determination before the target date, since under no circumstances mayan assisted lease term commence before the date the PHA approves the unit for leasing. While the process is designed to have the voucher funding available well before the target date, HUD public housing staff and PHAs may find this 60 - day measure of last resort a valuable tool for completing the transition with no disruption.

In establishing the effective date of the tenant-based HAP contracts, it is very important to make a distinction between families who choose to stay in the property and families who choose to move. The PHA may not approve a tenancy (and execute a housing choice voucher HAP contract) on behalf of a stayer (family that stays in the project) for a lease term that is effective prior to the target date of the Housing conversion action. For a family that is moving, however, the PHA may often approve a tenancy that begins before the target date, since in strong rental markets potential landlords will not hold a unit vacant.

(9) Initial and subsequent use of vouchers. All housing choice vouchers (enhanced or non enhanced) provided in connection with a Housing conversion action are special admission vouchers. Special admission vouchers differ from regular vouchers in that the assistance is provided by HUD with a specific family in mind. The PHA must first use the allocation to assist the families targeted for assistance. The PHA does not consider whether the family is on the housing choice voucher waiting list or the family' s position on the

housing choice voucher waiting list.

74 9

When HUD provides vouchers to a PHA as the result of a Housing conversion action, HUD will offer housing choice voucher funding on a one-for-one replacement basis to make up for the loss of the affordable housing units in the community, subject to the availability of appropriations. For example, if an owner is opting-out of a 100 unit Section 8 project-based contract, the Department will offer funding for 100 vouchers to the administering PHA. The PHA will use the assistance to assist the eligible families affected by the opt-out. Any additional vouchers under this allocation (for example, unused vouchers resulting from vacant units under the expiring project-based contract or units occupied by ineligible families) may be used by the PHA to assist families on the PHA waiting list.

Similarly, if the owner of a preservation eligible 100 unit Section 236 property prepays the mortgage, the PHA will receive an allocation of 100 vouchers. If 15 vouchers remain unused after issuance to the eligible residents of the property, the PHA retains the vouchers and may use them to assist families on the PHA waiting list. If the PHA uses remaining voucher funding to assist families on the PHA waiting list, the voucher is simply a regular voucher and does not have any enhanced features.

Note that the one-for-one replacement is based on the number of units impacted by the Housing conversion action, which may or may not correspond to the total number of units in the project. For instance, in the case of Section 8 project - based contract pot-out, if the contract is for 50 units and the property has a total number of 75 units, the PHA would be offered an allocation of 50 units. Likewise, if an owner is prepaying the mortgage of a 100 unit preservation eligible property, but there is a Section 8 project -based contract for 40 units that is continuing (and will be handled as a separate Housing conversion action at the time of contract expiration), the PHA will be offered 60 vouchers under the one-for-one replacement policy.

If a voucher issued to a family as the result of a Housing conversion action turns over for any reason, the PHA retains the voucher for use as part of its housing choice voucher program. Note that in case where an enhanced voucher turns over following initial issuance (i.e., an enhanced voucher participant leaves the program), the voucher loses its special enhanced characteristics and is subject to all normal program rules.

75

10

(10) Inapplicability of the PHA income targeting requirement. In general, not less than 75 percent of the families admitted to a PHA' s tenant-based voucher program during the PHA fiscal year must be targeted to families whose annual income does not exceed 30 percent of median income. Families admitted to the PHA' s tenant-based voucher program as a result of a Housing conversion action are not subject to the income targeting requirements 0 the tenant-based program, and their admission is not counted in determining whether the PHA is complying with che income targeting requirement.

C. Funding Processing Issues and the Special Fee.

(1) General information. The tenant-based funding process is complicated by the relatively short amount of time available to complete the process before families may be adversely affected by a Housing conversion action. Therefore, the most important step in the entire process is to initiate the funding process as early as possible. In general, the funding process must begin at least 120 days prior to the target date of the Housing conversion action (and at least 180 days in cases where families will have to move to receive voucher assistance). Failure to initiate the process with sufficient time available is the single greatest obstacle to completing the Housing oonversion action in a satisfactory manner.

Excellent com~unication between HUD's Offices of Housing, Public Housing, and the Section 8 Financial Management Center, as well as the owner, the PHA, and the residents, is critical to the process. Staff responsibility for communication and technical assistance in the Field Office should always follow program lines of authority.

For example, HUD's Office of Housing is primarily responsible for ensuring that the owner is aware of and complies with any owner requirements. Housing staff also serve as the owner's primary HUD contact throughout the entire conversion process. On the other hand, HUD oversight and management responsibilities for the housing choice voucher program rests with the Office of Public Housing. This means the Office of Public Housing is responsible for selecting the PHA that will be asked to administer the tenant-based assistance. Only the Office of Public Housing may extend an invitation to a PHA to administer housing choice voucher assistance. Also, only Public Housing staff should provide technical assistance and guidance

76 11

on any related tenant - based program issues.

This does not mean that Housing staff is prohibited from communicating with the PHA or that Public Housing staff is barred from having discussions with an owner. However, it is important that HUD guidance and instructions are provided by the appropriate program staff person to avoid any errors or confusion that may hamper the process.

(2) Special fee for extraordinary costs associated with the covered Housing conversion actions.

(a) Background. In order to avoid or at least minimize any adverse impact of the conversion action on the affected families, the administering PHA must complete a number of tasks within a relatively short amount of time. These tasks include completing and submitting the funding application; determining each individual family" s eligibility; reviewing proposed rents; and conducting housing quality stan~ards inspections on potential units. In the majority of Housing conversion actions, the PHA will not be able to absorb the increased work-load over several months but must work with all the potentially eligible residents who are making the transition simultaneously. The challenge may be further exacerbated by the fact that many or all of the affected residents either want or are required to relocate.

Depending on the number of residents affected by the action, PHAs may have to borrow staff from neighboring agencies in order to promptly process and assist all the eligible families. Given the pressing deadlines associated with most Housing conversion actions, HUD has encouraged PHAs to begin tasks such as certifying families and approving units before the PHA actually receives the ACC funding exhibit.

PHAs will receive a special fee for the extraordinary costs resulting from a covered Housing conversion action. The purpose of this special fee is twofold: (1) to compensate PHAs for any extraordinary administrative costs associated with these special purpose allocations; and (2) to ensure PHAs will receive reimbursement for their efforts in the rare instances where the pending conversion action does not ultimately happen because of a decision by the owner or HUD. This fee only applies when a PHA agrees to administer tenant based assistance for a potential Housing conversion action. The special fee is only applicable in the case of a Housing conversion action.

77

12

'I

!

Allowances for Tenant~Furnished Utilities and Other Services

Exhibit J - Utility Allowances

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

See Public Re crt Statement and Instructions on back Locality Unit Type

Dallas County Apartments/Town Homes/Condos

Utility or Service , Monthly Dollar Allowances

o BR 1 BR 2 BR 3 BR

Heating a. Natural Gas 13.00 16.00 I 22.00 25.00

i b. Bottle Gas , c. Oil/Electric 12.00 ! 15.00 18.00 21.00 i d. Coal/Other

Cooking a. Natural Gas 1.00 2.00 4.00 4.00

b. Bottle Gas

I c Oil/Electric 3.00 3.00 4.00 4.00

i d Coal/Other

Other Electric 16.00 18.00 i 22.00 27.00 !

Air Conditioning I 11.00 14.00 17.00 20.00 Water

a. Natural Gas 7.00 10.00 ! 13.00 I 16.00 Heater

b. Bottle Gas i

OMS Approval No. 2577-0169 (exp.04/30/2014)

Date (mm/dd/yyyy)

OCTOBER 1, 2011

i 4 BR 5 BR

I 30.00 I

I 25.00 i

6.00

I 5.00

!

30.00 i

24.00

19.00

I c. Oil/Electric g.OO I 12.00 15.00 18.00 I 22.00

. d. Coa!lOther , I Water i 15.00 22.00 29.00 35.00 44.00

I Sewer I 4.00 4.00 ,

Trash Collection 15.00 15.00 , Range/Microwave g.OO 9.00

Refrigerator 11.00 11.00

, Other -- specify

Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented,

Name of Family

Address of Unit

-, TEXAS

Number of Bedrooms

, -

PrevIous editions are obsolete Page 1 of 1

78

4.00 4.00

15.00 15.00

9.00 9.00

11.00 I 11.00

Utility or Service

Heating

i Cooking ,

Other Electr"lc

Air Conditioning

Water Heater

Water

Sewer

Trash Collection

i Range/Microwave

i Refrigerator

I Other - specify

Total

4.00

15.00

g.OO

11.00

per. month cost i !

.

,

I , !

form HUD-52667 (12/97) Ref. Handbook 7420.8

i

,

!

I

, ,

i

Allowances for Tenant-Furnished Utilities and Other Services

u.s. Department of Housing and Urban Development Office of Public and Indian Housing

OMB Approval No. 2577-0169 (exp.04/30/2014)

See Public Report Statement and Instructions on back Locality UnitType I Date (mm/dd/yyyy)

I I Dallas County Single Family/Duplex/Manufacture Homes I OCTOBER 1, 2011

Utility or Service o BR 1 BR

Heating a. Natural Gas 24.00 I

b. Bottle Gas I

c. Oil/Electric 21.00

d. Coal/Other

Cooking a. Natural Gas 2.00

I b. Bottle Gas

i

c. Oil/Electric i 3.00

d. Coal/Other I \ Other Electric I 21.00

Air Conditioning i 16.00 Water a. Natural Gas 10.00 Heater i

I b. Bottle Gas ! c. Oil/Electric 15.00

d. Coal/Other

Water 28.00 . __ . Sewer 4.00

, I Trash CoHection I 15.00 , Range/Microwave i 9.00

i

Refrigerator 11_00

Other -~ specify I i Actual Family Allowances To be used by the family to compute allowance Complete below for the actual unit rented,

I Name of Family

I I

Address of Unit

-, TEXAS

I ~ I Number of Bedrooms

I-I

Previous editions are obsolete Page 1 of 1

79

Monthly Dollar Allowances

2 BR 3BR I 4BR I 5BR

30.00 35.00

25.00 29.00

4.00 4.00

4.00 4.00 i i

25.00 30.00 I

18.00 21.00

13.00 I 16.00

i 18.00 i 22.00

I 35.00 43.00

4.00 I 4.00

I 15.00 i

15.00

9.00 9.00

11.00 11.00

i

i Utility or Service i

Heating

Cooking

Other Electric

Air Conditioning

Water Heater

Water

Sewer

Trash Collection

Range/Microwave

Refrigerator

Other -~ specify

Total

39.00 i 44.00 i

I 30.00 35.00

6.00 6.00

I i

5.00 i

6.00 I i

i i

36.00 I 43.00

24.00 26.00

19.00 23.00

27.00 32.00

53.00 61.00

4.00 4.00

15.00 15.00

9.00 9.00

11.00 11.00

i i

i per. month cost

I

I

form HUD-52667 (12/97) Ref. Handbook 7420.8

I

!

I

I I

I

Exhibit K - Fair Market Rent

Small Area Demonstration Program

Schedule B - FY 2011 Final Fair Market Rents for Existing Housing Dallas, TX is part of the and will use Schedule B Addendum Table for operating Housing Choice Voucher Program.

I

, ZIP

I I I

I

I Code I One- I Two- Three- Four-

I FINAL I Efficiency Bedroom Bedroom Bedroom Bedroom

FINAL FMR FOR 2011-2012 TOTAL = 93

75001 I $650 $720 $870 $1,130 I $1,340 ! 75006 ! $660 $730 . $880 $1,150 $1,360 !

75007 $720 $790 $960 $1,250 $1,480 i I 75019 $810 $890 $1,080 $1,410 $1,660 !

75038 $650 $720 I $870 i . $1,130 i $1,340 i I

75039 $790· $870 $1,050 $1,370 I $1,620 75040 i $820 $900 $1,090 $1,420 $1,680 75041 $630 $700 $840 $1,090 $1,290 75042 $600 $660 $800 $1,040 $1,230 75043 $670 $740 $890 $1,160 $1,370 75044 $730 $800 $970 $1,260 $1,490 I

! 75047 $640 I $700 $850 $1,110 $1,310 75048 $660 $730 $880 $1,150 $1,360 75050 I $610 I $670 $810 $1,050 I $1,250 75051 $580 $650 $780 $1,020 $1,200 75052 i $770 I $850 $1,030 $1,340

! $1,590

75054 $640 $700 $850 $1,110 $1,310

i 75060 $580 $650 $780 $1,020 ! $1,200 ,

75061 I $550 $600 $730 ! $950 $1,120 -75062 $610 $680 I $820 I $1,070 $1,260

! 75063 $730 $810 $980 $1,280 $1,510 I 75080 $750 $830 $1,000 $1,300 $1,540 I 75081 $760 I $840 $1,020 $1,330 $1,570 I

75082 I $850 i $940 I $1,140 ! $1,480 $1,760 750881 $830 $920 $1,110 I $1,450 $1,710 ! --

I 75089 $970 $1,080 ! $1,300 $1,690 $2,000 1 75098 $760 $840 $1,020 $1,330 $1,570

75104 $850 I $940 $1,130 $1,470 $1,740 75115 I $660 ! $730 $880 $1,150 I $1,360 75116 I $700 $780 $940 I $1,220 I $1,450 I ,

I 75125 $650 $720 $870 $1,130 $1,340

80

I ZIP I

I One- I Two-I

i Code Three- Four-FINAL Efficiency I Bedroom I Bedroom Bedroom Bedroom 75134 $730 I $810 i $980 $1,280 $1,510 ,

i 75137 $820 $900 $1,090 $1,420 I $1,680 75141 $640 $700 $850 $1,110 $1,310 75146 $630 ! $700 I $840 $1,090 $1,290 75149 $690 $760 $920 $1,200 $1,420 75150 $670 $740 $890 $1,160 $1,370 , , , 75154 I $790 , $870 $1,050 ! $1,370

, $1,620 i

75159 $640 $700 $850 $1,110 $1,310 75172 $550 $600 $730 $950 i $1,120 75180 $590 $650 $790 ! $1,030 $1,220 75181 $640 $700 $850 $1,110 I $1,3~! ,

75182 $640 $700 $850 $1,110 $1,310 75201 ! $960 $1,060 $1,280 ! $1,670 $1,970 75202 $940 $1,_040 $1,260 $1,640 ! $1,940 75203 $490 $550 i $660 ! $860 $1,020 75204 ! $800 $890 $1,070 $1,390 $1,650 75205 $810 $890 $1,080 $1,410 $1,660 75206 $660 $730 $880 I $1,150 $1,360 , 75207 $640 $700 $850 $1,110 $1,310 75208 $550 $610 $740 $960 $1,140 75209 $640 $700 $850

, $1,110 $1,310

75210 $500 ! $550 $670 $870 $1,030 I

75211 $560 $620 $750 $980 $1,160 I

75212 $560 $620 I $750 i $980 $1,160 !

75214 $610 ~680 i $820 $1,070 $1,260 !

75215 $530 $590 $710 $920 I

$1,090 75216 $580 $640 I $770 $1,000 $1,190 I

75217 $640 $710 $860 $1,120 $1,320 I 75218 $740 $820 $990 $1,290 $1,520

i 75219 $670 $740 $890 $1,160 $1,370 I !

75220 $550 $600 $730 $950 $1,120 I 75221 I $640 $700 I

$850 $1,110 $1,310 I I

I 75223 $600 $660 I

$800 $1,040 $1,230 i I

75224 $550 $600 $730 $950 $1,120 75225 i $640 $700 $850 $1,110 $1,310 75226 $700 $780 I $940 I $1,220 $1,450 75227 I $590 $650 $790 $1,030 I $1,220 75228 i

, $520 $580 $700 $910 $1,080

75229 $610 $670 I $810 $1,050 $1,250

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I ZIP I One- I Two- Three- I Four-I Code

FINAL Efficiency I Bedroom i Bedroom Bedroom . Bedroom 75230 I $550 $600 i $730 $950 $1,120 75231 ' $510 $560 I $680 $890 $1,050 75232 $640 I $700 $850 $1,110 $1,310

i 75233 $610 i $680 $820 $1,070 i $1,260 75234 $630 $700 $840 $1,090 $1,290 75235 I $640 i $710 I $860 $1,120 I $1,320 75236 $620 $690 $830 $1,080 $1,280 75237 $570 $630 $760 $990 $1,170 75238 $560 $620 $750 $980 $1,160 75240 $560 $620 $750 $980 $1,160 75241 i $660 ! $730 I $880 i ~1,150 I $1,360 , 75242 $640 $700 I $850 I $1,110 I

$1,310 75243 $570 $630 I $760 $990 $1,170 75244 $790 i $870 I $1,050 $1,370 $1,620 , 75246 $500 $550 $670 $870 $1,030

, 75247 $640 $700 $850 $1,110 $1,310 75248 $700 I $780 $940 $1,220 I $1,450 75249 $850 $940 $1,140

, $1,480 $1,760

75251 $900 $990 ! $1,200 $1,560 $1,850 75252 $590 $650 . $790 $1,030 $1,220 75253, $620 $690 , $830 $1,080 $1,280 , I

75254 $650 $720 $870 $1,130 $1,340 76051 $720 $790 $960 I $1,250 $1,480 ,

The Payment Standard/FMR for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four bedrooms Payment Standard/FMR for each extra bedroom.

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Exhibit L - LANDLORD BRIEFING-SUPPLEMENT

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary Thompson Director

Housing Choice Voucher Program

Landlord Briefing-Supplement

DEAR LANDLORD/AGENT:

Dallas County Housing Agency's records indicate that you or your organization is providing housing for tenants being assisted through the Section 8 HCV Program. The rental subsidy for the Section 8 HCV Program client, your tenant, is being made to you pursuant to the Housing Assistance Payment Contract for the Section 8 Tenant Based Assistance Housing Choice Voucher Program. Please be advised that monthly payments are subject to change or may discontinue depending on client's income and certain program requirements.

Shown below are some of the reasons for payments to be withheld by Dallas County. Please note that if the PHA determines that the owner is not entitled to the housing assistance payment or any part of it, the PHA, in addition to other remedies, may deduct the amount of the overpayment from any amounts due the owner (including amount due under any other Section 8 assistance contract). Please also note that you are required to return check/payment for tenants listed in the check stub that either do not reside in your property or did not reside in the property for the periods stated in the check stub.

Please acknowledge the receipt of this notice by completing the certification on back of this page by printing name, signing and dating the certification and by returning the certification to:

Dallas County Health and Human Services Housing Division 2377 N. Stemmons Freeway, Suite 700 Dallas, Texas 75207

Please also note that failure to return the certification will result in either delay in future payments or non-receipt of payments. You may call your tenant's case manager with any questions regarding this matter.

-~~- / ()

/~~.4'A./<cJ TmJrfias Lewis Assistant Director of Housing Choice Voucher Program

REASONS FOR PAYMENT WITHHOLDING

Overpayments: If the PHA determines that the owner is not entitled to the housing assistance payment or any part of it, the PHA, in addition to other remedies, may deduct the amount of the overpayment from any amounts due the owner (including amount due under any other Section 8 assistance contract). Typically, landlords will receive an overpayment notification with specific amounts to be repaid and a reason associated for the overpayment. The program has two ways to resolve the overpaid amounts as follows:'

for active landlords: program will adjust the amount with the next payment issued (including amounts due under any other Section 8 assistance contract).;

for inactive landlords: program will require immediate payback of the overpaid amount and failure to do so will result in the matier being referred to the district attorney's office for further investigation and action.

Backup Withholding: Based on Section 3406 of the Internal Revenue Code the Dallas County Auditors Office (DCAO) is required to withhold a certain percentage (currently 28%) of the payments to landlords when landlords do not provide a correct NamelTlN combination. Once the DCAO receives the notice from the IRS, they are required to disregard any future NamelTlN combination that the landlord furnishes and will

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require the landlords to obtain and send a Form SSA-7028 issued by the SSA office (for sale proprietors) or Letter 147C issued by the IRS (for non-sole proprietors). The backup withholding will continue till the aforementioned documents are furnished to the DCAO.

Withholding for Tax Delinguent Landlords: Payments to landlords that are delinquent on their property taxes will have their payments withheld to satisfy the debt to the County. Payments withheld will be applied to the debt and will commence in full once the debt is satisfied.

Homestead Exemptions: Landlords claiming homestead exemptions, on rental property, and not residing in that property, will be held liable for the offence. The matter will be reported to the central appraisal district for further action and the landlord may be subject to paying back an amount retroactive to when the violation first occurred. Landlords are therefore strictly advised to adhere to the local tax laws when participating in this program.

PAYMENT CERTIFICATION

I, have reviewed the housing assistance payment (HAP)

contract (form HUD-52641) between my agency and Dallas County Housing Agency as agreed. I

have also noted and agree with the above-stated reasons for payments to be withheld. I further

certify, under the penalty of perjury, that the HAP paid to me or my agency are owed to the payee

named on the payment check for the purpose of housing referenced tenantis and that the

tenantls referenced on the check stub have or will receive full benefit of the payment thereof. I

agree to re-pay the whole amount or a portion of the amount, if in the future, it is determined by

Dallas County Housing Agency that the payment was an overpayment per the HAP contractls.

Signature of Landlord or Agent

2377 N. Stem mons Freeway Suite 700- LB 12

Date

Dallas, Texas 75207-2710

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For Dallas County Housing Agency use only:

Certification Receipt Date:

Staff Initial:

Phone (214) 819-6090 Fax (214) 819-2828

Exhibit M - CLOSURE OF OVERPAYMENT FORM

DALLAS COUNTY HEALTH AND HUMAN SERVICES FINANCIAL ADMINISTRATION

ZACHARY S. THOMPSON DIRECTOR

Closure of Overpayment Recovery Form

To: Case Manager, HCV Program

From: __________ _

Date:

Please be advised that Financial Administration attempted recovery of the overpayment amount for client, address and overpayment period stated herein:

Payee Information: ___________ _ Client Information: Name of Entity: _____________ _ Name: _________ __ TaxID: ____________________ ------- Address:

Voucher#~:---------

Overpayment Period: __________ _ Overpayment Amount: ___ _ ______ Thru ___ __ $_---

Reason for Overpayment: _________ _ Document No: ______ _

After due process the aforementioned overpayment matter is being closed for the following reason/s:

Overpayment amount paid back in full (Amount: $ __ , Check No.: _____ _ Receipt Date )

Overpayment amount recovered by canceling or stop-paying HAP for month/s in question

Overpayment amount not recoverable since determination made that landlord did not receive the following notification:

• Non-receipt of Notification of Client's Move-out by Landlord

• Non-receipt of Notification of Client's Income Change by Landlord

• Non-receipt of Notice of Client Termination by Landlord

Overpayment amount not recoverable due to other reasons (as noted):

Please sign and date this document, place a copy of this document in the client file and return the original to Financial Administration.

Case Manager Date

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Exhibit N - Public Law 111-22, Effective Date May 20, 2009 TITLE VII--PROTECTING TENANTS AT FORECLOSURE ACT

Public Law 111-22, Effective Date May 20, 2009 TITLE VII-PROTECTING TENANTS AT FORECLOSURE ACT

SEC. 701. SHORT TITLE. This title may be cited as the' Protecting Tenants at Foreclosure Act of 2009'.

SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY. (a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to-

(1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure-

(A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1), except that nothing under this section shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants.

(b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if-

(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.

(c) Definition- For purposes of this section, the term 'federally-related mortgage loan' has the same meaning as in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602).

SEC. 703. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES. Section 8(0)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437f(0)(7)) is amended-

(1) by inserting before the semicolon in subparagraph (C) the following: 'and in the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease vacating the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner-

'(i) will occupy the unit as a primary residence; and '(ii) has provided the tenant a notice to vacate at least 90 days before the effective date of such notice.'; and

(2) by inserting at the end of subparagraph (F) the following: 'In the case of any foreclosure on any federally-related mortgage loan (as that term is defined in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C.2602)) or on any residential real property in which a recipient of assistance under this subsection resides, the immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to the lease between the prior owner and the tenant and to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit, except that this provision and the provisions related to foreclosure in subparagraph (C) shall not shall not affect any State or local law that provides longer time periods or other additional protections for tenants.'.

SEC, 704, SUNSET. This title, and any amendments made by this title are repealed, and the requirements under this title shall terminate, on December 31,2012.

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Exhibit 0 - The HA Action to Reduce HCV Program Costs. [PIH 2009-44]

The HA may take all actions to better manage HAP expenses when experiencing financial difficulties, The following is a non-exclusive list of HA cost savings actions,

a. Family Income Matching/Verification and Other Anti-Fraud Efforts. HA may accelerate efforts concerning income matching and income verification. HA may notify a family that enforcement action could be taken where under reporting of income is discovered.

b, Ensuring Reasonable Rents, HA does not have to wait until the HAP contract anniversary date to review owner rents and reduce them if warranted, The HA must determine whether the rent to owner is a reasonable rent in comparison to rent for other comparable unassisted units in accordance with the regulation at 24 CFR 982,507(b) and the HAP contract. The HA should ensure that owner rents do not exceed amounts charged for unassisted units in the same building or complex, The initial rent and all rent increases must comply with any State or local rent control limits, Further, any owner leasing promotions for unassisted tenants (e,g" the initial two months of occupancy are "rent free") must be taken into consideration in determining rent reasonableness,

In accordance with the HAP contract, the HA must provide written notice to owners before reducing unreasonable rents, Rents may be reduced as early as the first of the following month, If the rent to owner is not reasonable as most recently determined by the HA, the owner must reduce the rent to the reasonable amount or the HAP contract must be terminated, In such cases, the family will be issued a HCV to find a new unit. (Movers, like new participants, are subject to the HA's current payment and occupancy standards,)

Even if an owner's rent is reasonable, a HA could request owners to voluntarily agree to a temporary rent reduction or defer rent increases to help the HA avoid the termination of HAP contracts due to shortfalls in HCV funding, It is the owner's option to agree to such measures,

c, Ensuring Accurate Utility Allowances, The HA may always review its utility allowances more than annually to determine if they are too high, Changes in utility allowances may be implemented immediately, but not later than the next regularly scheduled reexamination of family income,

d, Portability Absorption, An initial HA may request that a receiving HA absorb portable families for which the initial HA is being billed, This may include the receiving HA retroactively absorbing families for which the initial HA was already billed and made payments, In these cases, the receiving HA reimburses the initial HA for payments made back to the effective date of the absorption, Both the receiving HA and initial HA must agree to this arrangement. This provision provides an exception to section 10 of Notice PIH 2008-43 on HCV Portability and Corrective Actions, (Section 10 provides that the receiving HA may not retroactively absorb families for which the receiving HA was previously billing for any time period that commences before 10 working days from the time the receiving HA notifies the initial HA of the absorption,)

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e. Portability and Moves within the HA Jurisdiction. The HCV program regulations at 24 CFR 982.314(e)(1) provide that the HA may deny a family permission to move if the HA does not have sufficient funding for continued assistance. Denial of requests to move under this regulation may cover both portability moves to a higher cost area as well as moves within the HA jurisdiction to higher cost units.

In order to deny a move, the HA must determine and demonstrate that based on the current funding available, it has insufficient funds to pay for higher subsidy amounts without having to terminate assistance of current program participants during the current fiscal year. In projecting whether there is sufficient funding available for the remainder of the fiscal year, the HA may use reasonable estimates to factor in conditions such as pending rent increases and attrition rates for families leaving the program. If this insufficient funding condition exists, the HA does not need a regulatory waiver from HUD to deny a request to move.

In determining if the HA has sufficient funding available to approve a move, the HA must take into consideration its available budget authority (including any available NRA).

HA may only deny a move where the requested move is voluntary (i.e., the family elects to move but is not required to move because of unaddressed Housing Quality Standards (HQS) violations, owner re-occupancy of the unit, etc.). HA may not deny a move under 24 CFR 982.314(e)(1) if the move would reduce the family's subsidy cost to the HA (e.g., a family wished to move under portability to a lower cost area). HA may not deny a move to a higher cost area or unit as a cost-savings measure in order to admit additional families from its waiting list into the HCV program, regardless of whether the HA has unit months available to do so.

A higher cost area is defined as an area where a higher subsidy amount will be paid for a family because of higher payment standard amounts or more generous subsidy standards (e.g., the receiving HA issues a 3-bedroom voucher to a family that received a 2-bedroom voucher from the initial HA). In the case of portability moves, the HA needs to contact the receiving HA before denying the move to confirm that the receiving HA (a) will not absorb the family and (b) that the HAP costs would be higher. If the receiving HA is willing to absorb the family, there are no grounds to deny the portability move under 24 CFR 982.314(e) (1).

f. Interim Reexaminations. The HA could require families to report all increases in income between reexaminations and conduct more frequent interim income reviews for families reporting no income. The effective date of an annual or interim reexamination of family income is dependent upon HA policies.

g. Minimum Rent The HA may increase the minimum rent to $50. The effective date for the increased minimum rent is dependent upon HA policy. HA could institute a policy for increases in family contribution to be effective immediately, rather than at the next annual reexamination.

h. Voucher Issuance. The HA may stop issuing turnover vouchers and consider pulling back outstanding vouchers for applicants searching for housing that have not yet resulted in an executed HAP contract.

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i. Subsidy Standards. The HA may revise subsidy standards that exceed minimum HUD requirements to reduce bedroom size eligibility in accordance with 24 CFR 982.402. Subsidy standards must be consistent with the HOS space requirements in 24 CFR 982.401 (d). Per 24 CFR 982.401 (d)(2)(ii), a dwelling unit must have at least one bedroom or living sleeping area for each two persons. Children of the opposite sex, other than the very young, may not be required to occupy the same bedroom or living/sleeping room.

If a family leases a unit larger than the unit size on the voucher, the HA must ensure that the payment standard used to calculate the tenant share is based on the lower of the voucher unit size for which the family is eligible or the actual unit size leased. If the family size is reduced after admission, the HA must ensure that the correct payment standard is used in calculating the family rent portion. An "empty nester" single individual (or any household with similarly reduced member size) living in a 3-bedroom unit should have a 0- or 1-bedroom payment standard, not a 3-bedroom payment standard. If the unit size for which the family is eligible changes during the term of the HAP contract, the new unit size is applicable at the first regular reexamination following the change in accordance with 24 CFR 982.505(c)(5

j. Payment Standards. HA may opt to lower payment standards for all or some unit sizes. In the tenant-based HCV program, a lower payment standard applies immediately to all new admissions, all movers, and families remaining in their units with a new HAP contract (e.g., when the owner offers or requires a new lease). For all other HCV participants, decreased payment standard amounts are not applied until the second regular reexamination after the payment standard is lowered (see 24 CFR982.505(c)(3)). The delayed applicability of a lower payment standard is a regulatory, not statutory, requirement. HA experiencing financial difficulties may request a regulatory waiver for good cause so that reduced payment standards may be applied sooner than provided by regulation.

HA waiver requests should, at a minimum, include the calculation used to arrive at the projected shortfall in funding and cost-savings measures the HA has already taken or will take in the future.

HA requests for approval of payment standards below 90 percent of the fair market rent (FMR) for any unit size may be approved by HUD field offices. However, 24 CFR 982.503(d) states that HUD will not approve such payment standard amounts if the family share for more than 40 percent of voucher participants exceeds 30 percent of monthly adjusted income. This is a regulatory, not statutory, requirement. HA experiencing financial difficulties may request that HUD Headquarters waive this requirement for good cause, such as the inability of a HA to avoid terminating the HAP contracts of current participants or withdrawing vouchers from families searching for housing without the proposed reduction in payment standards. Waiver requests should include an analysis by the HA on the impact that the reduction in payment standards below the basic range will have on a family's opportunity to lease units throughout the HA jurisdiction.

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In determining whether to approve HA requests for payment standard waivers of 24 CFR 982.503(d) or 982.505(c)(3), HUD will review and take into consideration the HA current rent burden and the impact of the proposed change on the HA participants. In addition, as a condition of the waiver approval, HUD may require the HA to raise payment standards and apply the new payment standard amounts immediately at such time that the HA receives additional funding.

HA should note that they are not required to increase (or decrease) the dollar amount of their payment standards based on chan~es in applicable FMRs that take effect each Federal Fiscal Year on October is unless the change in FMR results in the HA payment standard being outside the basic range of 90 - 110 percent of FMR by bedroom size. A HA that anticipates that any of its current payment standards will be below 90 percent of the new final FMRs and that does not wish to increase its payment standard for that bedroom size may request a waiver in advance per the procedure in the prior paragraph.

Exhibit P-Code of Conduct 90

Dallas County Housing Agency Code of Conduct

Housing Urban Development (HUD) HUD's Section 8 24 C.F.R. 982.161

Confiicts of Interest - Section 8 24 C.F.R. 982.161 provides:

(a) Neither the HA nor any of its contractors or subcontractors may enter into any contract or arrangement in connection with the tenant-based programs in which any of the following classes of persons has any interest, direct or indirect, during tenure or for one year thereafter:

(1) Any present or former member of officer of the HA (except a participant commissioner);

(2) Any employee of the HA, or any contractor, subcontractor or agent of the PHA, who formulates policy or who influences decisions with respect to the program;

(3) Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs; or

(4) Any member of the Congress of the United States.

(b) Any member of the classes described in paragraph (a) of this section must disclose their interest or prospective interest to the HA and HUD.

(c) The conflict of interest prohibition under this section may be waived by the HUD field office for good cause. (Emphasis added.)

The HA should not execute the HAP contract until the HUD Field Office makes a decision on the waiver request.

Sec. 86-758. Conflicts of interest

(a) In order to avoid potential conflicts of interest or the appearance of conflicts of interest, no officer or employee of the county shall:

(1) Have a sUbstantial interest, investment, ownership or other involvement in any entity or firm which supplies goods or services to the county;

(2) Accept from or give to any entity, firm or person doing or seeking to do business directly or indirectly with the county, including agents or representatives of such entity, firm or person, any personal gift; loan of any type; entertainment; trips, services, or money in any amount;

91

(3) Receive directly or indirectly any pecuniary interest from a contract or other agreement entered into by the county;

(4) Engage in any other business to an extent which interferes with their performance of duties as a county official or employee; or

(5) Use in any matter their public office or position for personal gain including the acceptance or dispensing of any special favors, privileges or benefits.

(b) The county officials or employees having reservations or questions regarding possible conflicts of interest should request a legal opinion from the district attorney's office.

(c) The county officials and employees may be requested to submit an annual conflict of interest-disclosure statement (Exhibit EC) to the commissioners court.

(d) All elected officials and employees of the county will comply with VTCA, Penal Code ch. 36 that requires that no gift be given as a consideration for some exercise of official discretion. County employees shall not accept gifts from contractors, vendors or other persons who are employed by or who deal with the county. These rules do not apply to gifts exempted by VTCA, Penal Code § 36.10, calendars, folders, pens, notepads and similar articles that bear the donor's advertising, nor do they apply to purely personal gifts between relatives and friends.

(e) All elected officials and candidates required to file financial disclosure statements by VTCA, Local Government Code § 159.001 et seq., shall file an annual financial statement with the county auditor, including the reporting of gifts, as required by that statute.

(f) All elected county officials shall comply with VTCA, Election Code title 15 and all state-mandated reporting of gifts.

(g) The county officials or employees having reservations or questions regarding possible conflicts of interest should request a legal opinion from the district attorney's office.

(h) Nothing in this division shall prohibit the solicitation and or acceptance of contributions and or gifts as authorized by the Texas Election Code.

(Admin. Policy Manual, § E (18.02--18.09); Ord. No. 2003-1373, 8-5-2003)

Cross references: Conflicts of interest re general government operations policy, internal organizational guidelines, § 74-741 et seq.

Sec. 86-759. Personal financial disclosure reporting

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(a) The county commissioners court by the adoption of this section extends personal financial disclosure reporting to the county sheriff, county tax assessor/collector, county clerk, district clerk, county treasurer, county auditor, county purchasing agent, all constables, all justices of the peace and county employees occupying the positions identified in the list below.

EMPLOYEE PERSONAL FINANCIAL DISCLOSURE REPORTING LIST

(1) Commissioners court administrator.

(2) Assistant administrator for operations.

(3) Assistant administrator for govemmental affairs.

(4) Chief information officer.

(5) Director of security and emergency management.

(6) Director of health and human services.

(7) Director of human resources.

(8) Director of the institute of forensic sciences.

(9) Director of juvenile services.

(10) Director of budget and evaluation.

(11) Director of public works.

(12) Chief public defender.

(13) Veterans' services officer.

(b) Such financial disclosure reporting shall be the same in all regards as that required by V.T.CA, Local Government Code ch. 159, subch. A which applies to the county judge, county commissioners and county attorney.

(Ord. No. 2003-1944, 10-21-2003)

Cross references: Elected officials and candidates required to file financial disclosures, §§ 74-742(e), 86-758(e).

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ARTICLE VII. DISCIPLINE / DISCIPLINARY ACTION

Sec. 86-971. Generally.

(a) All employees shall be subject to disciplinary penalties for any action that is determined not to be in the interest of, or benefit to, the county,

(b) Except for dismissals during the probationary period as provided in section 86-271, all written reprimands, suspensions, demotions or dismissals shall be subject to provisions of article IV, division 7, subdivision III of this chapter, dismissal, and article VIII of this chapter, grievance procedures,

(c) Cause for verbal warning, written reprimand, suspension, demotion or dismissal shall include, but not be limited to, the following offenses:

(1) Incompetency: non-satisfactory performance of assigned tasks;

(2) Poor attendance: excessive absence and/or tardiness;

(3) Insubordination: willful failure to perform assigned tasks;

(4) Dishonesty: stealing county property or funds, misuse of county property or funds,

(5) or any falsifying act detrimental to the county or its employees;

(6) Failure to notify immediate supervisor of an absence;

(7) Conviction of a criminal offense;

(8) Misuse of leave privileges;

(9) Disturbance: fighting or otherwise disrupting the harmonious relations between employees;

(10) Work related use or possession of alcohol or drugs: being under the influence or possession of intoxicating beverages or controlled substances such as narcotics or drugs of any kind;

(11) Sexual harassment; or

(12) Poor job performance

(Admin, Policy Manual, § A(11 ,00--11 ,04); Ord, No, 2000-1287, §§ 11,00--11,02, 6-27-2000; Ord, No, 2001-2359, 12-11-2001)

Sec. 86-972. Procedure for disciplinary action

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(a) Any act on the part of a county employee found to be in violation of these rules shall be subject to disciplinary action, i.e, verbal warning, written notice of employee's warning, reprimand, suspension, demotion or dismissal, The particular discipline in any case will be determined by a number of factors such as the severity of the act and the prior history of the employee,

(b) Suspensions for non-exempt employees shall be for a set period ranging from one day to two weeks depending on the type of offense, If an exempt employee is suspended for reasons other than a major safety violation, the suspension cannot be for a period of less than one week, but shall be handed out in increments of workweeks, beginning the first day of the employee's normally scheduled workweek, Suspensions for a major safety violation may be for any period of time, A major safety violation is any action which poses a reasonable chance of causing injury to persons and/or damage to property,

(c) An employee may be suspended during an investigation or review into suspected or alleged improprieties, With prior approval of commissioners' court, such suspensions may be with pay, An employee will continue to receive and have access to all benefits, while suspended during an investigation or review, A suspended employee will not be eligible to use accrued leave during the suspension; however, leave will continue to accrue,

(d) An employee suspended without pay after the completion of an investigation or review by an elected official/department head or designee will not continue to receive or have access to benefits and will be processed as though the employee is on leave of absence without pay, (For example: no pay for holidays, no leave accruals, no subsidy to pay insurance premiums, etc,), The suspended employee will be responsible for the entire insurance premium during their period of absence, including the county's portion,

(e) A suspended employee reinstated to employment by the elected official/department head following a sustained disciplinary action will not be eligible to receive back payor benefits, with the exception of suspensions which have received prior approval in accordance with subsection (c) of this section, A sustained disciplinary action is one that has been through the appeal process with a final decision issued by the appropriate deciding body (civil service commissions, elected/appointed officials, etc,),

(f) A suspended employee whose disciplinary action is not sustained following an investigation or review shall be reinstated, The appropriate deciding body (civil service commissions, elected officials/department heads, etc,) may then petition commissioners' court for back pay and all applicable benefits,

(g) Each disciplinary action shall be in writing ("statement of discipline"), and delivered to the employee at the time disciplinary action is administered, or at the earliest possible time immediately after disciplinary action has been taken,

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A statement of discipline should advise the employee of the following:

(1) An alleged action that caused the need for discipline;

(2) The specific policy or rule violated;

(3) Statement of corrective action required;

(4) Nature of discipline being enforced;

(5) Except in the case of dismissal, a statement of discipline or action that will be taken if any future violations of the rules occur;

(6) Statement of employee's rights to appeal disciplinary action and conditions under which he/she may appeal.

(h) Each statement of discipline should be signed by the elected official/department head/supervisor.

(i) The employee to be disciplined shall acknowledge receipt of the statement of discipline. In the event of suspension, a copy of the statement of discipline form should also be sent to the county auditor for review of employee status.

(j) A copy of the statement of discipline shall be forwarded to the human resources management/civil service department for inclusion in the employee's personnel file.

(k) Only elected officials/department heads or their designees have the authority to suspend, demote, or terminate an employee. Supervisors and managers shall review these planned actions with the elected official/department head or their designees prior to discussion with the employee.

(I) The human resources management/civil service department is available to assist employees and the managerial staff in resolving disciplinary issues.

(Admin. Policy Manual, § A (11.05--11.19); Ord. No. 2000-1287, §§ 11.03--11.12, 6-27-2000; Ord. No. 2001-2359,12-11-2001; Ord. No. 2009-0090,1-13-2009)

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2011 1985 ORDER NO: ____ _

COURT ORDER


STATE OF TEXAS § COUNTY OF DALLAS §


_____ --!125!dthL-_______ day of __ -'N~'oecv'-'ei!m1_'b!SeLr _____________ , 2011, on

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

Dr. Elba Garcia, Cormnissioner of District No.4, the following Court Order was adopted:

WHEREAS, on November 15,2011, the Purchasing Department briefed Commissioners Court with the recommendation to extend RFP No, 2007-118-3034 Request for Proposals for Cleaning Chemicals and Supplies as awarded to Acuity Specialty Products, Inc. dba Zep Manufacturing Company; and

WHEREAS, the tenn of this contract is January 1,2012 through December 31, 2012; and

WHEREAS, the term of the contract allows for a maximum price increase of five (5) percent over a one (1) year period; and

WHEREAS, the vendor agrees to extend the contract for a final twelve month extension, requesting a price increase of approximately 3.27% on 31 ofthe 96 core items; and

WHEREAS, these actions support Vision 1, Strategy 1.3 by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that tbe Dallas County Commissioners Court does hereby authorize the final twelve month extension ofRFP No. 2007-118-3034 Request for Proposals for Cleaning Chemicals and Supplies as awarded to Acuity Specialty Products, Inc. dba Zep Manufacturing Company for the period of January 1, 2012 through December 31, 2012 hased on the attached core list and pricing set forth and authorizes aU county documents/payments to reflect accordingly.

! \ DONE !NOPEN CO.JJ~T this the __ ----'ld5_lh __ day of_...1N""o"-'v.."etim"'b"er'--______ -,.-"7-_

)} .// PENDING SIGNATURE

~---7 l0-aurine Dickey, District #1


COURT ORDER

2011 1986 ORDER NO: ____ _

DATE: __ November 15, 2011_

STATE OF TEXAS

COUNTY OF DALLAS


___ ~1c;5,-"th,-,-________ day of_~N,--,-",o-,-,ve",m""b",e",r ______________ , 2011, on

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

_D_r_,_E_l_b_a_G_a_r_c_i_a-,,_C_o_TImU_' s_s_i_o_n_e_r_o_f_D_l_' s __ t __ rc::i:..:c_t_N-,-o-,-, _4-'-___ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on October 25, 2011, concerning the first extension of SOQ No. 2010-065-5119 Reqnest for Statements of Qualifications for Professional Elevator Consultant Services as awarded to Boca Group Central LLC; and

WHEREAS, the vendor has agreed to cxtend the contract for a final twelve month period; and

WHEREAS, the term of this contract is November 2, 2011 through November 1,2012; and

WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the first twelve month extension ofSOQ No. 2010-065-5119 Request for Statements of Qualifications for Professional Elevator Consultant Services as awarded to Boca Group Central LLC, effective November 2,2011 through November 1,2012, and authorizes all county documents/payments to reflect accordingly.

2011 1981) ORDER NO: ______ _

COURT ORDER

DATE: November 15,2011

STATE OF TEXAS §

COUNTY OF DALLAS §


______ -'-" _____ day of ___ -"N-'-'Lov""'e"'m~b"'e'_r _________ ,2011,

on a motion made uJ,_J_O_hn_W_l_' l_e-,Y,-P_r_l_' c_e-,-_C_o_=_,_'_s_S_i_o_D_e_r_o_f_D_i_s_t_r_i_c_t_N_o_" _3 __ , and seconded by

_D_r_. _E_l_b_a_G_a_r_c_l_' a-",-C_o_=_'_s_S_i_o_D_e_r_o_f_D_i_s_t_rl_' c_t_N_o-,-,. _4 __ , the following Court Order was adopted:

WHEREAS, on November 8, 2011, the Purchasing Department briefed the Commissioners Court on the recommendation to enter into contract negotiations with NET Data as the highest ranked susceptible finn for award consideration and final contract negotiations with respect to RFP No, 20 I 0-078-5187 Request for PropDsal for Dallas County's Justice of the Peace Court Case Management System; and

WHEREAS, in the event the County cannot reach an agreement with the selected firm, the County may fonnally end negotiations with this vendor and enter into negotiations with the next most highly ranked finn until the County has successively negotiated a contract; and

WHEREAS, this action supports Strategy L3 of the Strategic Plan by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize staffto enter into contract negotiations with NET Data (highest ranked firm) with respect to RFP No. 2010-078-5187 Request for Proposal for Dallas County's Justice of the Peace Court Case Management System.

DONE IN OPEN COURT this the __ l""S,,,t_h ___ day of __ ~N,-,-"oC!v-"e~m""b",",,er,-______ _ r\ (

L-ine Dickey, District # 1 Mike Cantrell, District #2


Recommen .:::ed=-=b>~t:;::,,;-,,;,;-:r:":"'"'~:-::;:-==-;-::=~;-----

COURT ORDER

2011 1988 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 15th day of November , 2011 on motion made by

Jolm Wiley Price, Commissioner of District No.3, and seconded by

Dr. Elba Garcia, Commissioner of District No.4, the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 12, 1993, Court No. 93-130, wherein the Commissioners Court agreed to use this form Court Order to provide the City of Dallas consent to sell specific tax properties to the highest bidder via public sealed bids; and

WHEREAS, several parcels ofland were offered for sale by the Sheriff of Dallas County at pnblic auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes, accrued penalty, interest, and court costs; and

WHEREAS, those parcels ofland which did not receive a sufficient bid as set by law were struck off to the City of Dallas, Dallas County, and/or Dallas Independent School District, pursuant to Section 34.01 (c), Tax Code; and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 91-1386, dated August 20,1991, Dallas COlmty authorized the City of Dallas to act as Trustee for Dallas County in having struck off to the City, parcels of land which do not receive a sufficient bid as set by law and to execute a quitclaim deed for such parcels of land conveying for the pu~chaser the right, title, and interest acquired or held by Dallas County asa party to the judgment foreclosing tax liens on the parcels of land; and

WHEREAS, Commissioners Court Order No. 98-2411 dated December 15, 1998, amended Commissioners Court Order Nos. 91-1386 and 93-130 to specifically delete blanket authority to resell tax foreclosure property under Section 34.015 (Alternate Manner of Sale), redesignated as Section 253.010 of the Local Government Code; and

WHEREAS, Dallas County and the taxing units involved desire to resell said parcels ofland in an expeditious manner pursuant to Section 34.05, Property Tax Code, specifically excluding a resale under Section 253.010 of the Local Government Code; and

WHEREAS, this request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in authorizing the sale of tax foreclosure properties to interested purchasers thereby retuming the parcel(s) to the tax rolls increasing tax revenue for Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Conrt of

Dallas County, Texas, that the City of Dallas as Trustee for Dallas County, in its own behalf, and on

behalf of the Dallas County Community College District, the Parkland Hospital District, and the

Dallas County School Equalization Fund is hereby authorized to solicit from the public sealed bids

on any or all of the said parcels ofland (attached as Exhibit "A" hereto and made a part hereof) and

does hereby consent to the sale of said parcels ofland to the highest bidder even if the bid tendered is

less than the market value of the land specified in the judgment offoreclosure or the total amount of

the judgment of foreclosure or the total amount of the judgments against the property.

DONE IN OPEN COURT this the 15th day of November ,2011.

('

~: Clay LeWis':TenkO, ounty Judge Mike Cantrell, District 2

Dr. Elba Garcia, District 4

RECOMMENDED BY:

(§~ECd/S~ CD/cdrive/aacathy/pamRev 703 docco.sherlfsale

Attachment

1 2 3 4 5 6 7 8 9 10

11 12

13

14 15

16 17

18 19

20 21

22 23

24

25 26

27

28

29

30 31 32 33

34 35

EXHIBIT A TAX FORECLOSED/SEIZURE WARRANT PROPERTIES

STRUCK OFF TO THE CITY OF DALLAS FOR DISD AND THE COUNTY OF DALLAS FROM THE SHERIFF'S SALE (SEPTEMBER 2011)

00000144079000000 3708 COLONIAL AVE. 00000283852000000 1822 S. EWING AVE. 00000179080000000 3702 PINE ST.

00000352540000000 4505 HOPKINS AVE.

00000562033000000 947 GARDENVIEW 00000249052000000 1119 COMAL ST.

00000323884000000 3711 HANCOCK ST. 00000173209000000 2619 PINE ST.

00000180976000000 2715 FOREMAN ST.

00000688099000000 3519 WEISENBERGER

00000173842000000 4303 CROZIER ST.

00000181411000000 4331 COPELAND AVE.

0067220A000070000 '7 SHAYNA DR

00000175930000000 13201 CARPENTER AVE. 00000351121000000 ,523 DU BOIS AVE.

00000508471000000 :4402 LANDRUM AVE. 00000611284000000 !2915 CLOVIS AVE. 00000315679000000 [1622 HORTENSE AVE. 00000466912000000 :2403 SEARCY DR

00000680479000000 ! 1914 MORRIS ST.

00000776911000000 !1902 CHATTANOOGA 00000443494000000 )039 PARKDALE DR.

00000508552000000 14234 CARDINAL DR

00000554257000000 !519 EZEKIAL AVE. 00000641599000000 !2421 KAHN ST.

~~~~~:~~~;~~~~~~~ I~i~: :~~~:CA::~T DR

00000632506000000 12325 HARDWICK ST. 00000780946000000 1715 LAWTON DR 00000679288000000 i 1966 NOMAS ST. 00000181060000000 '2733 SWANSON ST.

00000295894000000 b 135 HARLANDALE AVE. 00000216079000000 14827 BALDWIN ST.

OOOO! 1210 0016! 3683 0000' 1830

OOOA! 4993 OOOMI 6301 00321 3013 OOOAI 4457 OOOB[ 1743

OOOC! 1854

0009 7158

OOOAI 1754 00111 1856

OOOA' 6722 OOOA! 1780

0007' 4969 0004[ 6083

0004 6624 00181 4308 OOOB! 5970

0000. 7128 0004! 7915

OOOBI 5824 00061 6083

0027! 6256

OOOO! 0015

00001 0001

OOOSi 6640

00001 6812 OOOA! 7966

0008i 7126 001EI 1854

ooosi 3906 00001 2426

004 011

039 002 006 010 009 014

010

016

001

OON 007

002 043

010 12A

13A 001 041

011 012

007

025 011

024

021 024

005 002 014

009 007

07 04

07 14 05 07 07 07

07

06

07

07

05

07 07

04

03 05 01

03 02 07

04

05 08

08

08 06

08 03 07

04 07

PD 595 PD67

R-7.5(A) PD 571 PD 595

PO 595

PO 595

N8(A) PO 595

PO 595

TH-2(A)

PO 595 R-5(A)

R-7.5(A)

R-7.5(A) R-75(A) R-75(A)

R-5(A)

P0465 R-7.5(A) R-7.5(A)

R-7.5(A) R-7.5(A)

R-7.5(A)

R:75(A) PO 714

R-7.5(A) R-5(A) PO 595

R-7.5(A) PO 595

0.17561 0.1721. 0.1104'

0.1693 0.2869 0.0727' 0.1629! 0.1285 0.2148'

0.1939. 0.1542!

0.0991 0.1101

0.1285 0.2323

0.1721

1.5433 0.1901' 0.2248 0.1028'

0.1549

0.2617 0.2582'

0.1371' 0.1653.

0.1735,

0.1865 0.12851 0.3214!

0.1286 0.1205!

0.1721'

0.0941

V

I

v V

V

I V

V V

I

V

I

V

I V I V V

V

08-30691

08-30730 08-30855

08-30867 08-30898 08-30905 08-30935

08-30937

08-31130

08-31620

08-31621 08-31903

08-32060 08-32080

08-32091

08-32104 09-30162 09-30252

09-30273 09-30286

09-30347 09-30358

09-30637 09-30688

09-30738

09-30859 09-30367

09-30385 09-30446 09-30573

09-30577 10-30274

$42,600.001 $43,116.88! 54-E

$12,515.881 46-X $8,197971 55-N

$7,504.78! 46-V $95,170.001 34-G

$21,~10.231 58-0 $3,050.941 45-X

$17,231.18\ 47-W $14,163.00: 46-Y

$20,600.00' 46-R

$9,000.00, 42-M

$20,056.121 46-Y

$11,704.03j 47-8 $8,000.00! 59-G

$18,497.89! 46-Z

$4,827.20 55-H

$5,355.61' 66-A

$12,220.10' 53-T $9,523.11' 65-F

$69,955.99' 53-R

$7,144.99 44-J $28,561.27 34-8

$31,083.91' 48-8 $8,630.00: 65-0

$19,20772; 57-V $15,239.68 65-V

$8,000.00! 65-R

$14,370.22; 64-Y

$8,703.561 44-U $9,460.18j 68-C

$8,966791 44-J $5,000.00i 46-V

$8,000.001 55-W

$12,729.101 47-N

EXHIBIT A TAX FORECLOSED/SEIZURE WARRANT PROPERTIES

STRUCK OFF TO THE CITY OF DALLAS AS TRUSTEE FOR DISD AND THE COUNTY OF DALLAS

FROM THE SHERIFF SALE (REVERTED HOUSING SEPTEMBER 2011) ..

. ... ..; ... . ........... ; ................. '" ......•

' .... • ••• .......•. ·.·Y .

UTi···· .. ·: . ...•....... ; ..

.•... ...>; .•.....• . ... ..

..... ..../ TAXACCT.·· ..••.. ..

•••• OVERS.lOCK BLOCK LOT COUNCILDIST tONING PI\£'<CEUlIZtf VAG .IM~

r1-. 00000457129000000 832 HUTCHINS OOOE 5895 OOB 07 R-7.5(A) 0.1136 V -,

2 00000457867000000 540 FAULK STREET OOOA 5905 012 07 R-5(A) 0,1572 V

r1--- 00000333481000000 418 AVE. H 0005 4655 004 07 R-5(A) 0,1262 V

4 00000677686000000 1610 BAYSIDE 0003 7121 014 03 R-5(A) 0,1629 V

5 00000457207000000 1722 MORRELL AVE. 0003 5896 005 07 MF-2(A) 0.1767 V

6 00000351253000000 510 AVE. L 0009 4970 004 02 D(A) 0.1262 V

lAmount in Sheriffs Deed is the lesser ofthe judgment amount, which includes interest, penalties, code liens and civil penalties, or the assessed "altlc in the judgment

1 An sizes are approximate

..... ;--:.;[-• I);~I

05-30652

05-50150

08-50131

04-50009

05-50238

05-50137

.\<

• • ;' STRIKE..QFPl\tvi6uNT MA~$C;O

$2,480.73 55 -G

$813,72 55 -G

$1,513.17 55-G

$1,449.70 44,J

$1,836.52 55-G

$1,489.09 55-H

COURT ORDER

ORDER NO. 2011 1989

DATE November 15, 2011

STATE OF TEXAS

COUNTY OF DALLAS


the 15th day of _____ N_o_v_e_m_b_e_r _____ , 2011 , on motion made

by John t~iley Price, Commissj.oner of District No.3, and seconded

by Dr. Elba Garcia, Commissioner of District No.4, the following order was adopted:

WHEREAS, the matter set forth below was briefed before Commissioners Court on November 08, 2011: and

WHEREAS, Pursuant to Court Order 2001-814 dated April 24, 2001, Dallas County and the City of Dallas entered into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS which authorized transportation improvements on WALNUT HILL LANE MCIP project 10209 from Luna Road to Malibu Drive; and

WHEREAS, The best qualified firm to perform engineering services is selected by following the state mandated two-step, qualifications-based process and the Dallas County Policy for Procurement of Architectural/Engineering Services (including amendments); and

WHEREAS, DAL-TECH Engineering, Inc. has been selected as the best qualified firm to perform final engineering services for the Walnut Hill Lane project; and

WHEREAS, DAL-TECH Engineering, Inc., has proposed to perform the final engineering services for an amount not to exceed $335,944.80 for which there are sufficient funds available in the MCIP budget found in Fund 196, Project 8201; and

WHEREAS, this project supports Vision 1 (Dallas County is a model interagency Partner), and Vision 5 (Dallas County is the destination choice for residents and businesses) of the Dallas County Strategic Plan; and

WHEREAS, the Director of PubliC Works recommends that the attached Contract for Consultant Engineering Services be executed.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed to execute the attached Consultant Engineering Services Contract with DAL-TECH Engineering, Inc. for the Walnut Hill Lane MCIP Project 10209 in an amount not to exceed $335,944.80 to be paid from Fund196, Project 8201.

EN COURT-fi the ___ 1_5_tl_l ___ day of ~ovembe~ A; ~~A =;:=~J

RecommenifEl'd-f<,r,Approval:

, District #3 ~'

~ ... --.,,< - /;/ / _ ,''9

,-_7foJl;rta L. S;alr, P.E. Director of Public Works

DALLAS COUNTY CONSULTANT ENGINEERING SERVICES CONTRACT

This Contract is made and entered into as of the _ day of , 20 __ , by and between the COUNTY OF DALLAS (hereinafter referred to as "COUNTY") acting by and through the Commissioners Court of Dallas County, Texas, and DAL-TECH Engineering, Inc. (hereinafter referred to as "CONSULTANT") with offices located at 17400 Dallas Pkwy, Suite 110, Dallas, Texas 75287.

WITNESSETH: WHEREAS, COUNTY intends to contract with a professional engineering firm for professional services hereinafter referred to as "SERVICES", needed for the design and construction of the Walnut Hill Lane MCIP Project 10209 from Malibu Drive to approximately 2,100 linear feet west, hereinafter referred to as the "PROJECT"; and

WHEREAS, pursuant to the Texas Government Code Chapter 2254, the COUNTY requested qualifications from professional Consultants willing to assist the COUNTY by providing engineering services; and

WHEREAS, the COUNTY has determined that CONSULTANT is the best qualified provider of Primary/Final Design Services for the PROJECT; and

WHEREAS, COUNTY and CONSULTANT have agreed upon the fair and reasonable negotiated price for the Primary/Final Design Services to be accomplished; and

WHEREAS, COUNTY has determined that the services of professional Consultants are for the benefit of the COUNTY; and

WHEREAS, COUNTY desires to contract with CONSULTANT for complete PrimarylFinal Design Services, as detailed herein; and

WHEREAS, CONSULTANT has agreed to provide professional engineering services as provided herein and as may be mutually agreed in the future with regard to the PROJECT.

NOW, THEREFORE, THIS CONTRACT is made by illld entered into by COUNTY AND CONSULTANT for the mutual consideration stated herein.

ARTICLE I. DEFINITIONS

I.1 BASIC SERVICES shall mean all professional engineering services and other professional services required for PrimarylFinal Engineering Services. Such services shall include, but not be limited to, developing construction plilllS for the construction of a four-lane divided arterial with storm water drainage and appurtenances as more fully detailed in Attachment A, Scope of Services, attached hereto and incorporated for all purposes herein as if reproduced word for word.

MCIP/ENGINEFJU0:G SERVICES CO\'TI{,-\CT IPI~I'\lARY !WSf(;\) MCiP No. 102(19 - ~F[JIJlj{f J-iif! LflUL'

1.2 SPECIAL SERVICES shall mean those services not included in Basic Services and specifically listed in the Contract, which are surveying services, surveying expenses, title research/abstracting, expert or witness preparation and testimony, preparation of exhibits and appearance at public meetings, environmental services, traffic control plans, geotechnical soil analysis, fees and other costs such as American Disabilities Act requirements in plans by State of Texas, and blueprinting and other copying required in addition to the Basic Service requirements, as more fully set fOl1h in Attachn1ent A, Scope of Services and Attachment B, Fee Proposal.

I.3 PRELIMINARY DESIGN/PRELIMINARY ENGINEERING shall mean all professional engineering services required to produce Phase I, Preliminary DesignlPreliminary Engineering, as more fully detailed in Article IV, Deliverables, and Exhibit A, Scope of Services. These include, but are not limited to mean all professional engineering services required to produce a right of way alignment study with recommendation of the most economical alignment, preliminary grade line and drainage requirements, preliminary right of way plans and documents, preliminary engineering study and report indicating clearly the potential problems and alternate solutions available. "PRELIMINARY DESIGN" and "PRELIMINARY ENGINEERING" are used interchangeably in this document and both have the same meaning.

1.4 PRIMARY/FINAL DESIGN shall mean all professional engineering services required to produce Phase II, PrimarylFinal Design and complete plans satisfactory for the construction of the PROJECT. These include, but are not limited to mean all professional engineering services required to produce all right of way documents and plans, standard details, special specifications, contract documents, cross sections and special provisions. "PRIMARY DESIGN" and "FINAL DESIGN" are used interchangeably in this docnment and both have the same meanmg.

1.5 COST shall mean total not to exceed amount paid for Basic Services and Special Services. COUNTY shall not be liable for any amount, penalty or damage in excess of the Cost.

1.6 COUNTY shall mean the County of Dallas, State of Texas.

1.7 COMMISSIONERS COURT shall mean the Commissioners Court of Dallas County, Texas, inclusive of the County Judge and the Commissioners of each of the four Road and Bridge Districts as elected by the people of the County of Dallas.

1.8 CONSULTANT shall mean an engineering firm that is registered as a Texas Registered Professional Consultant in good standing or a Texas Licensed Engineer (P.E.) in good standing with the Texas Board of Professional Engineering.

1.9 EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this Contract to become effective.

1.10 PROJECT(S) shall mean the road improvement that has been included by the COUNTY in the Transportation Major Capital Improvement Program as approved by the County Commissioners Court, City of Dallas and any applicable STAKEHOLDERS.

I.ll RIGHT OF WAY (ROW) shall mean that real property, (either existing, or required in fee and! or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for the construction of the PROJECT. Such right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT.

MClf'/ENG1NF.EJUNC SERViCES CO:,\'TR,'\CT (!'Rn!!\HY rn:SIC\) Mel/' :VfI, 102f11J", /l'lI/llf/f Hill LallI'

____________________________ ~2

I.12 SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document which is entered into after formal approval of CONSULTANT and Commissioners Court to establish the contractual rights and responsibilities of the CONSULTANT and COUNTY as it relates to the PROJECT.

1.13 DIRECTOR shall mean the Director of Dallas County, Texas Public Works.

ARTICLE H. SCOPE OF SERVICES

n.I CONSULTANT: CONSULTANT, as an Independent Contractor and Professional Consultant in its relationship with the COUNTY, covenants and agrees to perform all professional services required to complete the Primary Design of County Capital hnprovement Project 10209, Walnut Hill Lane, from Malibu Drive to approximately 2,100 linear feet west, Dallas, Texas.

H.2 BASIC SERVICES: The work tasks and activities to be performed and deliverables to be provided by the CONSULTANT shall be in accordance with requirements contained in this Contract and as shown on Attachment A, Scope of Services, attached hereto and incorporated, for the fees shown in Attachment B, Fee Proposal, attached hereto and incorporated herein for all purposes, including modifications to the Basic Services as mutually agreed to by COUNTY and CONSULTANT in accordance with the provisions ofthis Contract.

II.] SPECIAL SERVICES: The Special Services listed in Attachment A, Scope of Services and Attachment B, Fee Proposal shall be provided by CONSULTANT. Said services shall not be rendered prior to written mutual agreement between CONSULTANT and COUNTY as to the service to be rendered and the cost thereof These Special Services are not included as a part of Basic Services and shall be paid for by the COUNTY in addition to payment for Basic Services as set forth in Attachment B, Fee Proposal.

ARTICLE III. COMPENSATION

III.l Total Services Fee: The fee to be paid to the CONSULTANT under this Contract for all Primary Design services shall not exceed Three huudred thirty five thousand nine hundred fortvfour dollars and eighty cents ($335.944.80) , provided however, that modifications to the Scope of Services, or other conditions defined herein may necessitate a change of fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the terms of this Contract.

III.2 Phase II Basic Services Fee: The COUNTY shall pay CONSULTANT Primary Design Basic Services in the total amount not to exceed Two hundred thirty six thonsand three hundred forty-six dollars and eighty cents ($236,346.80) , provided, however, that modifications to the Scope of Services, or other conditions defined herein may necessitate a change of Fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the terms of this Contract. Payment for Basic Services fees may be applied for after costs have been incurred, but no more frequently than monthly, based upon detailed invoices. Consultant's invoices to COUNTY shall provide complete information and documentation to

MOP /Vo, fOHN - IVa/JIm .Hill Lillh' ______________________________3

substantiate Consultant's charges and shall be in a fonn to be specified by Director. All payments to CONSULTANT shall be made on the basis of the invoices submitted by CONSULT ANT and approved by Director. Progress payment requests shall be accompanied by digital files through the date of payment request in a fonn which can be checked as to manageability. Should additional backup material be requested by the Director, CONSULTANT shall comply promptly with such request. In this regard, should the Director detennine it necessary, CONSULTANT shall promptly, but in no event later than thirty (30) days from the date of notice, make all its records and books related to this Contract available to COUNTY for inspection and auditing purposes. An example ofthe fonn required for invoicing is provided as Attachment C, Sample Invoice, incorporated herein for all purposes as if reproduced word for word.

III.3 Phase II Special Services Fee: The COUNTY shall pay CONSULTANT Primary Design Special Services fees in the total amount not to exceed Ninetv nine thousand five hundred ninetyeight dollars and 0/100 ceuts ($99,598.00) , provided, however, that modifications to the Scope of Services, or other conditions defined herein may necessitate a change of Fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the tenns of this Contract. Payment for Special Services fees may be applied for after costs have been incurred, but no more frequently than monthly, based upon detailed invoices. Consultant's invoices to COUNTY shall provide complete infonnation and documentation to substantiate Consultant's charges and shall be in a fonn to be specified by Director. All payments to CONSULTANT shall be made on the basis of the invoices submitted by CONSULTANT and approved by Director. Progress payment requests shall be accompanied by digital files through the date of payment request in a fonn which can be checked as to manageability. Should additional backup material be requested by the Director, CONSULTANT shall comply promptly with such request. In this regard, should the Director determine it necessary, CONSULTANT shall promptly, but in no event later than thirty (30) days from the date of notice, make all its records and books related to this Contract available to COUNTY for inspection and aUditing purposes. An example of the fOlm required for invoicing is provided as Attachment C, Sample Invoice, incorporated herein for all purposes as if reproduced word for word.

InA Partial pavments will be authorized ou a percentage of actual work completed provided proper invoices with attached documentation, as required by COUNTY'S Director and the County Auditor, are submitted. The COUNTY shall make progress payments no more often than monthly, based upon invoices for actual work performed for the period, provided that the work is progressing in accordance with the approved Project Schedule and Scope of Services, at an amount not to exceed 90 % of the total approved Primary Design services fee. The remaining 10% shall be paid upon final acceptance by COUNTY of Primary Design Services. The form required for invoicing is displayed as Attachment C, Sample Invoice.

III.5 No deduction shall be made from Consultant's compensation solely on account of penalty, liquidated damages, or other sums withheld from payments to Construction Contractor.

HI.6 No addition shall be made to Consultant's compensation based upon construction contract claims, or delays in construction whether paid by COUNTY or denied.

III.7 COUNTY reserves the right to correct anv error that may be discovered in any invoice that may have been paid to CONSULTANT and to adjust the subsequent payments to meet the requirements of the Contract. Following approval of invoices by Director and approval by

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County Auditor, COUNTY will endeavor to pay CONSULTANT promptly, i.e., within thirty days of COUNTY approval of invoice. Under no circumstances shall CONSULTANT be entitled to receive interest on amounts due.

ARTICLE IV. DELIVERABLES

IV.1 Progress Schedule: Within fifteen days of receipt of the "Notice to Proceed" from the COUNTY, the CONSULTANT shall submit for approval a breakdown of the major tasks of the Primary Design as a percent of the total phase. A design progress form and bar chart shall be prepared on Microsoft Project Management Software (latest version or the version currently used by the COUNTY) in an approved format and updated and submitted to the COUNTY ouce per month. The form and bar chait shall show progress including percentage complete of the various tasks and shall be the basis for determining partial payments to the consultant. The form and bar chart must con'espond to the design schedule set forth by Contract.

IV.2 Phase II Primarv Design Preparation of Plans: CONSULTANT shall complete Primary Design plans as more fully detailed in Attachment A, Scope of Services.

IV.3 It is specificallv understood and agreed that the CONSULTANT shall not authorize nor undertake any work, which would require the payment of any fee, cost, expense or reimbursement in addition to the fee stipulated in this Contract, without having first obtained specific w11tten authority therefor from the COUNTY. The written authorization for additional work shall be in the form of a "Modification to the Scope of Services". Such modification shall clearly define the additional scope of services and the negotiated fee. The modification shall be approved by the CONSULTANT and recommended by the Director. The Director may approve the modification in accordance with Article XXIII, Amendments, Section 4. In the event that the total amount of the modification exceeds the amount the Director is authorized to approve, or if the Director shall determine that Commissioners Court approval is necessary or convenient, the Director shall submit such modification to the Commissioners Court for its consideration.

IVA In addition to the deliverv of paper/mylar copies as directed by COUNTY, the CONSULTANT shall deliver requested work to the COUNTY in digital form which is electronically downloadable and able to be manipulated by County's computers. These files shall include all reference files, and cell libraries, and shall be created in compliance with TxDOT specifications in regard to level structure, line type, and line weight. CONSULTANT shall design the Project using Microstation version 8 and Geopak 2004, or the release currently used by the COUNTY. Any corrupted files shall be replaced by CONSULTANT at no additional cost to COUNTY. In addition to these electronic files, hard copies shall be supplied in such other formats as instructed by the COUNTY herein. The CONSULTANT shall provide COUNTY with an index file that lists the names and descriptions of all digital files that accompany any submittal. A complete package of the project files in portable document format (pdf) shall be supplied to the COUNTY as pmt of the final deliverables.

IV.5 CONSULTANT shall also conform to the following survey requirements:

IV.5.1 RIGHT OF WAY All work performed under this category shall conform to the requirements of Dallas County Guidelines (or Preparation of Right of Way Legal Descriptions, Parcel' Plats. and Maps, dated February 2006 or latest version at Effective Date, except as otherwise provided herein or when such is inapplicable, in the

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sole opinion of the COUNTY. This work shall include, but not be limited to, on the ground observations and abstracting title records in sufficient depth to determine the present property owners of record, researching title records of municipalities. CONSULTANT shall research the State of Texas, the County of Dallas and the Dallas Central Appraisal District records to determine present property ownership, including easements, and property line monumentation, if any. The CONSULTANT shall provide all plats and maps to the COUNTY in digital files generated using Microstation brand computer aided drafting software, version 8, or the release cUlTently used by COUNTY.

IV.5.2 TOPOGRAPHIC All work performed under this category shall be such that the COUNTY can construct a digital map model of the area under consideration and shall include, but not be limited to, all access points and improvements on private properties and existing right of way and vertical and horizontal locations of all public and private utilities and sufficient research of public and private utility company records to determine existing topography shall be entered into an electronic data collector using the current version of County's survey descriptor codes. The CONSULTANT shall reference all work to a system of Geographical Positing System (GPS) points on the ground and/or Texas Plane Coordinate System.

IV.5.3 CONSTRUCTION All work performed under this category shall be as directed by the COUNTY and shall include, but not be limited to, staking centerline (CL) points, CL offset points, reference points, use of horizontal and vertical control points (bench marks) and other work normally required for construction of roads, streets, culverts, storm sewers and bridges.

IV.5,4 BOUNDARY All work performed in this category shall be as directed by the COUNTY and shall include, but not be limited to, preparation of plats and legal descriptions of lands to be bought or sold by the COUNTY.

IV.5.S MISCELLANEOUS The CONSULTANT shall perform miscellaneous survey work as indicated in this Contract or subsequent Contract Amendment(s) to include but not be limited to stal<ing and referencing routes and project alignments; locating and marking property comers or right of way lines; flagging proposed right of way tracts during acquisition negotiations; and installing and determining the adjusted elevation (NA VD 1988) following performance of a bench mark loop.

IV.S.6 The CONSULTANT shall provide all field work to the COUNTY in digital form supplemented by such written data as is necessary to readily use the digital data (e.g., sketches of instrument set-up points used in radial data acquisition). In addition, al! work delivered in digital form shall be accompanied by at least one printout or listing of files, with descriptive titles, or a plot of the data, as applicable. Such printouts or plats shall be constructed so as to demonstrate the usability of the digital .files. Any corrupted files shall be replaced by the CONSULTANT at no additional cost to the COUNTY.

IV.6 In the event that the Consultant's team materially changes. experiences a change in subconsultant, has a change of address or name, CONSULTANT shall provide notice of said changes to COUNTY as soon as practicable. Documentation supplied to COUNTY for Consultant's team shall remain as accurate as at time of proposal.

IV.7 CONSULTANT shall provide, at no expense to COUNTY, reasonable minor revisions to any

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phase, whether previously approved and accepted, as may be required to satisfy the scope of services established by this Contract. Approval of lily phase constitutes County's acceptaJ1ce of the design presented. After acceptaJ1ce of each phase of the Project, my revisions, additions, or modifications made at County's request which constitute a change in the Scope of Services shall be subject to additional compensation to CONSULTANT as agreed upon by COUNTY.

ARTICLE V. CONSULTANT'S SERVICES

V.I ENGINEER'S SEAL. The CONSULTANT shall place his or her Texas professional seal of endorsement on all engineering documents aJ1d engineering data prepared under the supervision ofthe Engineer in the performance ofthis Contmct.

V.2 PARTNERING. The COUNTY shall encourage participation in a partnering process that involves the COUNTY, CONSULTANT lild his or her subconsultmts, the Project's host City(ies), aJ1d other supporting jurisdictions aJ1d/or agencies. This partnering relationship shall begin at the Preliminary Design Charrette aJ1d continue for the duration of this Contract. By engaging in partnering, the parties do not intend to and do not create a legal partnership, or additional contractual relationships, nor in aJ1y way alter the legal relationship which otherwise exists between the COUNTY and the CONSULTANT. The partnering effort shall be structured to draw on the strengths of each organization to identify aJ1d achieve reciprocal goals. The objectives of partnering are effective aJ1d efficient contract performance md completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participaJ1ts shall have equal status.

V.3 PERSONNEL QUALIFICATIONS. CONSULTANT warrants to the COUNTY that all services provided by CONSULTANT in the performaJ1ce of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, aJ1d who are competent and qualified in their respective trades or professions. Further, CONSULTANT agrees that aJ1y replacement of personnel on project team shall be with the express written approval of COUNTY.

VA QUALITY CONTROL. The CONSULTANT agrees to maintain written quality control procedures, approved by COUNTY. If a situation arises which is not addressed by the written quality control procedures, CONSULTANT shall utilize additional quality control procedures as appropriate and consistent with good engineering practices. CONSULTANT'S failure to put forth a good faith effort in quality control will be considered in the Consultant Evaluation, which may have an impact on future services.

V.S PERFORMANCE EVALUATION OF DESIGN CONSULTANTS. Detailed in Attachment E, attached hereto and incorporated herein for all purposes, is the regular evaluation of performance of design consultants in providing engineering services. Unsatisfactory evaluations may result in suspension from COUNTY design contracts for a designated period of time.

V.6 All Consultant's designs and work product under this Contract including, but not limited to, Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and other Documents, completed or partially completed, shall be the property of COUNTY to be used as COUNTY desires, without restriction. Copies may be retained by CONSULTANT. CONSULT ANT shall be liable to COUNTY for any loss or dmnage to such documents while they are in the

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possession of, or while being worked npon by CONSULTANT or anyone connected with CONSULTANT, including agents, employees, consultants or subcontractors. All documents so lost or damaged shall be promptly replaced or restored by CONSULTANT without cost to COUNTY.

V.7 Upon completion of the construction of the Project, CONSULTANT shall prepare, and within thirty (30) calendar days following final inspection or written notice from the County, deliver to COUNTY the reproducible Record Drawings, Record Specifications, CAD, and word processing discs.

ARTICLE VI. COUNTY'S RESPONSIBILITIES

VI.l COUNTY shall designate representatives authorized to act in its behalf. All submissions shall be to the COUNTY Assistant Director of Engineering and Construction or the Project Manager responsible for the Project. Such Project Manager shall be responsible for transmission of the submission to the COUNTY Assistant Director of Engineering and Construction or Director. COUNTY shall examine documents submitted by CONSULTANT and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. CONSULTANT shall furnish COUNTY full documentation of all services performed at each Primary Design milestone. Milestones shall be agreed between the parties and documented as a part ofthe project schedule.

Four (4) weeks shall be adequate review time for all parties. Failure to timely review any document shall not cause a damages for delay claim and Consultant's only remedy shall be an extension of time reasonable for perfonnance. Submittals found to be incomplete shall not be counted against County's allotted time for review.

VI.2 COUNTY shall assist CONSULTANT with utility contacts and available COUNTY data, samples and standards.

VI.3 CONSULTANT shall be entitled to reasonably rely on the accuracy of the information, reports, and materials which COUNTY furnishes.

VIA If COUNTY or CONSULTANT observes or otherwise becomes aware of anv fault or defect in the Project or construction of the Project, it shall give prompt written notice thereof to the other.

ARTICLE VII. CONSULTANT'S ACCOUNT RECORDS

Records of CONSULTANT or CONSULTANT expenses pertaining to services on the Project and records of account between COUNTY and CONSULTANT shall be kept on a generally recognized accounting basis, shall be maintained in Dallas County for a minimum of four (4) years from the termination date of this Contract and with full and immediate access allowed to authorized representatives ofthe COUNTY npon request for any purpose including, but not limited to, evaluating compliance with this and otller provisions ofthis Contract. COUNTY or its authorized representative shall have the right to make copies of any and all documents, electronic files, books, backup documents, or other items either included in the records of account or supporting such records at County's cost. iVICIP/ENGJJ\i FEHI,\C SEHVJCl~S C(.i\'Tf{,\CT (PHPl'j Al{'l' l>FSlC\) Mel!' No, 1(j2{jfj - i-'VlIllI{lf lliff L([III'

ARTICLE VIn. INDEPENDENT CONTRACTOR

The CONSULTANT at all times shall be an independent contractor. The CONSULTANT shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision and inspection to insure compliance in every respect with the contract requirements. There shall be no contractual relationship between any subcontractor or supplier of the CONSULTANT and the COUNTY by virtue of this Contract. No provision of this Contract shall be for the benefit of any party other than the COUNTY and CONSULTANT.

ARTICLE IX. TERMINATION, TIME OF THE ESSENCE

IX.! Termination: IX.I.l County Termination

IX.I.1.! If in the sole detennination of COUNTY the CONSULTANT has failed to comply with any of the tenns, conditions, covenants, warranties or provisions of this Contract, COUNTY shall give written notice of such failnre to CONSULTANT. CONSULTANT shall fully comply with all items within thirty (30) days of the date of such notice. In the event that CONSULTANT shall, in the sole detennination of COUNTY, fail to cnre each and every item within the thirty (30) day period, COUNTY shall have the right to immediately tenninate this Contract.

IX.1.1.2 COUNTY may immediately tenninate this Contract due to insnfficient funding.

IX.1.1.3 COUNTY may tenninate this Contract without cause upon seven (7) days notice.

IX.1.2 Consultant Termination If in the sole detennination of CONSULTANT the COUNTY has failed to comply with any of the telIDs, conditions, covenants, warranties or provisions of this Contract, the CONSULTANT shall give written notice of such failure to COUNTY. In the event that COUNTY fails to cure each and every item within the thirty (30) day period, CONSULTANT shall have the right to tenninate this agreement upon thirty (30) days notice to the COUNTY.

IX.2 In the event of termination bv the COUNTY, Consnltant shall cease all work upon receipt of notice of tennination. CONSULTANT shall invoice COUNTY for all work satisfactorily completed and shall be compensated in accordance with the tenns of this Contract for all work accomplished prior to the receipt of notice of telIDination. No amount shall be due for lost or anticipated profits. All plans, field snrveys, maps, cross sections, all electronic infonnation, and files in accordance with Article N, Deliverables, of this Contract, and other data, design and work related to the Project shall become the property of COUNTY in accordance with Article XI,2 upon the tennination of this Contract, and shall be promptly delivered to COUNTY in a reasonably organized fonn without restriction on futnre use. Should COUNTY subsequently contract with a new Consultant for continuation of services on the Project, CONSULTANT shall cooperate in providing infolIDation and shall be released or saved

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hannless from any acts of negligence of others in use of said data.

IX.3 If the termination of this Contract is due to the failure of the CONSULTANT to fulfill its obligations:

• The COUNTY may take over the Project and prosecute the work to completion by contract or otherwise. In such case, the CONSULTANT shall be liable to the COUNTY for any additional cost the COUNTY may incur, and

• The cost to the COG'NTY of employing another firm to complete the required work, the time required to do so and other factors which affect the value to the COUNTY of the work performed to the date of default may, at the sole discretion of the COUNTY, be offset against the amount of compensation, if any, to be paid to CONSULTANT.

IX.4 Nothing contained iu this Article IX shall require COUNTY to pay for any wori{ which is unsatisfactory as determined by Director or which is not submitted in compliance with the terms of this Contract. COUNTY shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Contract, nor shall this Article constitnte a waiver of any right, in law or in equity, which COUNTY may have if CONSULTANT is in default, including the right to bring legal action for damages. Default shall include, but not be limited to, the failure to complete Consultant's work in aCGordance with the performance schedule.

IX.S TIME OF THE ESSENCE: CONSULTANT understands and agrees that time is of the essence and that any failure of the CONSULTANT to complete the Services of this Contract within the agreed Project schedule shall constitute material breach of this Contract. The CONSULTANT shall be fully responsible for any delay or for failures to use diligent effort in accordance with the terms of the Contract by CONSULTANT, its consultants or subconsultants, surveyors or other parties employed by CONSULTANT. Where damage is caused to the COUNTY due to the CONSULTANT'S failure to perfol1n in these circumstances, the COUNTY may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of the County's additional legal rights or remedies. Neither the CONSULTANT nor the COUNTY will be responsible for delays associated with review periods by the COUNTY and/or a participating city(ies) in excess of the agreed Project schedule.

IX.6 At the termination of the Contract, CONSULTANT shall furnish to COUNTY within ten (10) days of receipt of the notice of termination a listing of any sub consultants, all project records pertaining to outstanding obligations, or other records or information required by the Contract or requested in writing by COUNTY in either printed or electronic format or both. CONSULTANT agrees to furnish such infonnation in an electronic fonn which is compatible with the County's computer system and/or the computer system of any subsequent vendor or contractor of COUNTY selected for continuation of the services. CONSULTANT agrees to cooperate with any subsequent vendor or contractor of COUNTY and to use its best efforts to insure a transition of services without interruption or degradation of service. This provision will survive the termination of this Contract and shall be a continuing obligation until the transition of services is complete. All items listed or reqnired in this provision shall be furnished by CONSULTANT to COUNTY without additional cost or expense to COUNTY.

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IX.7 Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented from performing any of its obligations herennder by reason for or through strikes, stoppage of labor, riot, fire, nood, invasion, insurrection, accident, order of court, judge, or civil authority, an act of God, or any cause reasonable beyond the party's control and not attributable to its neglect, then iu such event the time for the performance of such obligations or duty shall be suspended until such disability to perform is removed which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be given within ten (10) days and all reasonable efforts undertaken to mitigate its effects.

ARTICLE X. SUSPENSION

X.1 Shonld the COUNTY desire to suspend tile work but not tenninate the Contract, the COUNTY will issue a wlitten order to stop work setting out the tenns of the suspension. The CONSULTANT will stop all work and cease to incur costs during the tenn of the suspension.

X.2 The CONSULTANT will resume work when notified to do so by the COUNTY in a written authorization to proceed. Suspension of work does not automatically extend the date of perfonnance for the contract period. If additional time is required to complete the work because of the suspension, a mutually agreed contract amendment will be executed in accordance with Article XXIII (Amendments).

X.3 If CONSULTANT is delayed by the COUNTY due to a suspension of work, or otherwise, the Consultant's sale and exclusive remedy for delay shall be the light to a time extension for completion ofthe Contract and not damages.

ARTICLE Xl. DOCUMENTS

XU All plans and drawings will be prepared such that plans and drawings can be printed or plotted interchangeably between ll-inch by 17-inch plan sheets and 22-inch by 34-inch plan sheets. The COUNSULTANT shall produce plans and drawings at scales designated by COUNTY with all lettering processed in ink or pencil and clearly legible. The COUNTY reserves the light at any time to request submittal of plans and drawings on either ll-inch by 17-inch or 22-inch by 34-inch plan sheets. CONSULTANT may submit plans and drawings on 22-inch by 34-inch drafting sheets only with prior approval by COUNTY. All drawings are to be produced ill accordance with Article IV (Deliverables) of this Contract, and copies of electronic files will be provided to COUNTY after the completion or tennination of the Project, or at other times prior to completion or tennination ofthe Project as requested by COUNTY.

XI.2 CONSULTANT shall maintain, for a minimnm of fonr (4) vears from the tennination date of this Contract all proj ect infonnation and data including but not limited to items listed in this section, with full and immediate access allowed to authorized representatives of the COUNTY, immediately upon request, for any purpose. COUNTY or its authorized representative, shall have the light to make copies of any and all documents, books, backup documents, electronic data or files, or other items designs and work product under this Contract including, but not limited to, Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and other

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Documents, completed or partially completed or supporting or utilized to produce such items at County's cost.

ARTICLE XII. GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS: CONTRACT ADMINISTRATION

This Contract shall be administered on behalf of COUNTY by its Director, and CONSULTANT shall fully comply with any and all instructions from said Director. The Director shall act as referee in all disputes under the tenus of this Contract between the parties hereto. The Director and the CONSULTANT shall negotiate in good faith toward resolving such disputes. In the event the Director or the CONSULTANT are unable to reach an acceptable resolution of disputes concerning the work to be perfonued under this Contract, the Director shall present unresolved disputes arising under the terms of this Contract to the Commissioners Court. The decisions of the Commissioners Court as it pertains to unresolved disputes shall be final and binding. Violation or breach of contract terms by the CONSULTANT may be grounds for termination. Any additional or increased cost arising from the termination shall be paid by the CONSULTANT.

ARTICLE XIII. INDEMNIFICATION AND INSURANCE

XIII.l Approval and acceptance of CONSULTANT'S work by the COUNTY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, subcontractors, agents and consultants for the accnracy 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 prepal"cd by the CONSULTANT, its employees, subcontractors, agents or consnltants. In this regard, the CONSULTANT shall defend, hold harmless and indemnify the COUNTY for damages resnlting from such defects, errors or omissions and shall secure, pay for and maintain in force duriug the term of this Contract sufficient Professional Liabilitv O!'

Errors and Omissions insurance in au amount of not less than One Million and 00/100 Dollars ($1,000,000.00) 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 in full compliance with the terms and conditions as hereinafter set out.

XIH.2 CONSULTANT agrees to indemnifv and hold harmless COUNTY, County Commissioners, County Judge, the County's elected officials, director, employees, agents and representatives, (hereinafter referred to as "Indemnities") against all claims, demands, actions, suits, losses, damages, liabilities, cost andlor expense of every kind and nature (including, but not limited to court cost, litigation expense and attorneys fees), paying same as they accrue, and all recoverable interest thereou, incurred by or sought to be imposed on Indemuities because of injury (including death) or damage to property (whether real, personal or inchoate), arising out of or occasioned by or caused by Consultant's negligent act, error, or omission of consultant, any agent, officer, director, representative, employee, cousultant or subconsultant of consultant, and their respective officers, agents, employees, directors and representatives while in the exercise of

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performance of the rights or duties under this Agreement of or in any way related (whether directly or indirectly, cansally or otherwise) to: (1) the performance of, attempted performance of, or failnre to perform, operation or work under this Contract by CONSULTANT, its subcontractors andlor any other person or entity, other than COUNTY; (2) the condition of the real property, including any improvements, on which said operations or work are being performed; (3) the selection, provision, nse or failure to use, by auy person or entity, of any tools, supplies, materials, equipment or vehicles (whether owned or supplied by CONSULTANT, or any other person or entity excluding COUNTy) in connection with said work or operations; or (4) the presence on COUNTY real property, including any improvements located thereon, of Consultant, its subcontractors, employees, suppliers, vendors or any other person acting on behalf of CONSULTANT. This indemnification shall apply, whether or not any such injury or damage has beeu brought on any theory of liability, including negligence, intentional wrong doing, strict product liability or breach of non-delegable duty. CONSULTANT fnrther agrees to defend at its sole cost and expense (at the election of any Indemnitee) against any claim, demand, action or suit for which indemnification is provided herennder, payiug all costs as they may accrue.

The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of COUNTY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT CONSULTANT AND COUNTY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO COUNTY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

XIII.3 Without in anv way limiting or restricting tbe indemnification and defense agreement stated above, CONSULTANT agrees that it is the intenti.on of the parties hereto that Consultant and its insurers bear the entire risk of loss or injury to any of Consultant's employees, "borrowed servants", agents, representatives, subcontractors, vendors, material men, or any other person present on the premises or performing any otlier act or service on CONSULTANT'S behalf or at its request, witliont seeking any contribntion therefor from any indemnitee or its insurers.

XIH.4 INSURANCE. The CONSULTANT, at CONSULTANT'S sole cost, shall additionally purchase and maintain in force the following minimum insurance coverage during the term of this Contract. Such insurance shall be in the amounts and in full compliance with the following terms and conditions:

XIU.4.1 Within ten (10) days after the Effective Date of this Contact, COUNTY requires and CONSULTANT agrees that the following insurance coverage will be met and in effect for the life of the awarded Contract and any renewal or extension, prior to any delivery of any service and/or performance of work. All policies shall be issued by an insurance company acceptable to County and authorized to do business in the State of Texas, having a rating of A or better by A.M.Best Co. CONSULTANT will submit verification of coverage to the Dallas County Public Works Department, showing Dallas County as the certificate holder, within ten (10) days after the Effective Date of this Contact and prior to and as a condition precedent to the commencement of any work or

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delivery. Dallas County will neither be responsible for nor authorize payments for services rendered without having the applicable certificates on file. All insurance cost including any deductibles, which shall not exceed ten percent (10%) of the coverage shall be paid in full by CONSULT ANT without cost to or contributions from Dallas County. The following minimum insurance coverage is required:

XHIA.l.l Workers' Compensation Insurance in the amount and in compliance with the provisions as provided for by Texas Law as established by the Texas Workers Compensation Act, Title 5, Subtitle A, Texas Labor Code for all of his employees assigned to operate or work under this Contract. In tl1e event the Consultant elects to sublet any work, Consultant shall require subcontractors to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are afforded protection by the Consultant.

This insurance must be endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under SUbrogation or otherwise from the County.

XIII.4.1.2 Comprehensive General Liability Insurance, including Contractual Liability - Commercial General Liability Insurance coverage shall carry limits of One Million and 00/100 Dollars ($1,000,000.00) for bodily injury and property damage per occurrence with a general aggregate of One Million and 0011 00 Dollars ($1,000,000.00), and a products and completed operations aggregate of One Million and 00/100 Dollars ($1,000,000.00). There shall not be any policy exclusion or limitations for contractual liability covering the Contractor's obligations herein; personal injury/advertising liability; medical payments; fire damage, legal liability; broad form property damage, and/or liability for independent contractors.

XIII.4.1.3 Comprehensive Automobile Liability - Comprehensive Auto Liability insurance covering all owned, hired and non-owned vehicles used in connection with the work performed under the Contract with limits of liability not less than Five Hundred Thousand and 00/100 Dollars ($500,000.00) each person and One Million Five Hundred Thousand and 001100 Dollars ($1,500,000.00) each accident for bodily injury and Five Hundred Thousand and 00/100 Dollars ($500,000.00) each occurrence for property damage for a combined single limit for bodily injury and property damage liability of not less than Two Million and 00/100 Dollars ($2,000,000.00).

XHI.4.1.4 Professional Liability - Insurance Requirements - Consultant shall indemnify COUNTY for damages resulting from defects, errors or omissions and shall secure, pay for and maintain in force during the term of the Contract and thereafter for an additional five (5) years from date the project is accepted as complete by the Commissioners Court, sufficient errors and omissions insurance in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) single limit, with certificates evidencing such coverage.

XIH.4.2 CONSULTANT agrees that, with respect to the above referenced insurance, all insurance contracts will contain following required provisions:

XHI.4.2.1 Name Dallas Countv and its officers, employees and elected

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

XUI.4.2.2 Provide for thirty (30) days notice to the COUNTY for cancellation, nonrenewal or material change which notice must be accompanied by a replacement Certificate of Insurance to maintain uninterrupted coverage.

XUIA.2.3 Provide for an endorsement that the "other insurance" Clause shall not apply to Dallas County where COUNTY is an additional insured on the policy.

XHI.4.2A Provide for notice to the COUNTY at the address shown below by registered mail.

XIII.4.2.5 CONSULTANT agrees to waive subrogation against Dallas County, its officers and employees for injuries, including death, property damage or any other loss.

XIH.4.2.6 All Insurance Coverage shall be on an occurrence basis unless specifically approved in writing and executed by the COUNTY'S Director and Risk Manager.

XIII.4.3 In addition to any other remedies COUNTY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, COUNTY shall have the right to order CONSULTANT to stop work hereunder, and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. A stop work order given to CONSULTANT by COUNTY in accordance with this Article shall not constitute a Suspension of Work.

XIII.4.4 It is agreed that Consnltant's insurance shall be deemed primary with respect to any insurance or self insurance carried by COUNTY for liability arising out of operations under this Contract.

XUI.4.5 CONSULTANT shall advise COUNTY in writing within 24 hours of any claim or demand against COUNTY or CONSULTANT known to CONSULTANT related to or arising ont of CONSULTANT'S activities under this AGREEMENT.

XIU.4.6 The provisions of this section lire solely for the henefit ofthe parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XIU.4.7 Approval, disapproval or failure to act by the COUNTY regarding any insurance supplied by CONSULTANT shall not relieve CONSULTANT of full responsibility or liability for damages and accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurance company exonerate the CONSULTANT from liability.

XIH.4.8 Acceptance of the final plans by COUNTY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by COUNTY for any defect in the designs, working drawings, specifications or other documents and work prepared by said CONSULTANT, its employees, subcontractors, and agents.

XIII.4.9 Standard of Care: Services provided by CONSULTANT under this Contract will be i\l(:lPIENCINEERING SERVICE,", C()'\'rIL\CT (PHlr\i.'\f{Y DLSI(';\) J1.ICIP ,Yo. /()l{J9 /,VIIIIIUI lIiII.Lollt: __________________ 15

performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.

XIII 4.10 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property reSUlting from Consultant's or its subcontractors' performance of the work covered under this Contract.

ARTICLE XIV. NONDISCRIMINATION

As a condition of this Contract, CONSULTANT will take all necessary action to insure that, in connection with any work under this Contract, it will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap mnelated to job performance, either directly, indirectly or through contractual or other arrangements.

ARTICLE XV. ENFORCEMENT, VENUE, GOVERNING LAWS AND NOTICES

XV.1 This Contract shall be enforceable in Dallas County, Texas, and if legal action is necessary by either Party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Dallas County, Texas. Notwithstanding any provisions contained in this agreement and any supplemental amendment to the contrary, this Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas and is expressly subject to Dallas County's Sovereign Immunity and Title 5 of the Texas Practice and Civil Remedies Code.

XV.2 All notices and correspondence to COUNTY bv CONSULTANT shall be mailed or delivered as follows:

County of Dallas Alberta L. Blair, P.E. Director of Public Works Administration Building 411 Elm Street, 4th floor Dallas, Texas 75202

XV.3 All notices and correspondence from COUNTY to CONSULTANT shall be mailed or delivered as follows:

DAL-TECH Engineering, Inc Sedi A. Toumani, P.E. President 17400 Dallas Pkwy, Suite 11 0 Dallas, Texas 75287

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MCIP No, 10209 Wahlllf !-liii fAIlli; _________________ 10

ARTICLE XVI. TERM

This Contract becomes effective when fully executed by both parties (hereinafter, the called the "EFFECTIVE DATE"), unless termination occurs as otherwise provided herein and expires on the completion of all obligations by the parties set forth herein. The CONSULTANT will not begin work or incur costs until authorized in writing by the COUNTY to proceed with the work, as more fully set forth herein.

ARTICLE XVII. FINANCIAL INTEREST PROHIBITED: CONFIDENTIALITY

XVII.! CONSULTANT covenants and represents that CONSULTANT, its officers, employees, agents, consultants, and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction ofthe Proj ect.

XVn.2 CONSULTANT nnderstands that no officer or employee of COUNTY shall have any financial interest, direct or indirect, in any contract with COUNTY, or be financially interested, directly or indirectly, in the sale to COUNTY of any land, materials, supplies, or services, except on behalf of COUNTY as an officer or employee. Any violation of this prohibition, with the express knowledge of the person or corporation contracting with COUNTY shall render the contract involved voidable by the Commissioners Court.

XVII.3 Consnltant's reports, evaluations, designs, drawings, data and all other documentation and work developed by CONSULTANT hereunder shall not be disclosed to any third parties without the prior written approval of Director.

ARTICLE XVIII. REPORT

XVIII.! The CONSULTANT shall promptly advise the COUNTY in writing of events which may have significant impact upon the Contract, including but not limited to:

XVIII.I.1 Problems, delays or adverse conditions which will materially affect the ability to meet time schedules or goals or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of any action taleen, or contemplated, and any COUNTY assistance needed to resolve the situation.

XVUI,1.2 Favorable developments or events which enable the CONSULTANT to meet time schedules and goals sooner than anticipated or to produce more work units than originally projected.

XVIII.2 The CONSULTANT shall coordinate all work with the Director of the Department of Public Works or with such other person as maybe designated by him in writing.

XVIH.3 The CONSULTANT shall report progress on work undertaken to the designated Dallas County point-of-contact at not greater than monthly intervals.

_______________17

ARTICLE XIX. CONSULTANT RESOURCES

The CONSULTANT warrants that the CONSULTANT and each subconsultant, specifically including, but not limited to surveyors, has adequate qualified personnel in its employment and all required transportation, equipment, materials, supplies and any and all other goods and services for perfonnance of services required under this Contract, or will be able to obtain such personnel, transportation, equipment, materials, supplies and any and all other goods and services from sources other than the COUNTY. Unless otherwise specified, the CONSULTANT for the compensation received shall furnish all personnel, transportation, equipment, materials, supplies and any and all other goods and services required to perform the work authorized herein at its sole cost and expense. All employees of the CONSULTANT or of any subcontractor shall have all required licenses, knowledge and experience as will enable them to perform the duties assigned to them. CONSULTANT contracts and agrees that any employee of the CONSULTANT or any subcontractor who, in the opinion of the COUNTY, is incompetent or whose conduct becomes detrimental to the work or whose conduct reflects adversely on the COUNTY shall immediately be removed from association with the project.

ARTICLE XX. SUBCONTRACTS

XX.I The CONSULTANT shall not subcontract, sell, assign, pledge, or otherwise transfer any portion of the work authorized by the COUNTY without prior approval in writing by the COUNTY. Any attempt to sign, transfer, pledge, conveyor otherwise dispose of any part of or all of Consultant's rights, title, interests or duties under this agreement without the written approval of County is void and shall confer no rights upon any third party. Violation of this provision shall constitute a material breach of this agreement and may be grounds for tennination at the sole discretion of County. Under no circumstances shall the CONSULTANT subcontract more than fifty percent (50%) ofthis Contract.

XX.2 Subcontractors shall comply with the provisions of this Contract. No subcontract will relieve the CONSULTANT of its responsibility under this Contract.

ARTICLE XXI. SUCCESSORS AND ASSIGNS

The COUNTY and the CONSULTANT each binds itself, its successors, executors, administrators, assigns and subcontractors in respect to all covenants of this Contract.

ARTICLE XXII. INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE

XXII.1 The following documents are incorporated herein as if reproduced herein word for word: xxn.l.l CONSULTANT'S submission of the Minority/Women Specifications for SOQ's.

XXn.1.2 Dallas County Unified Policy for Selection of ArchitectlEngineers as set forth in Commissioners Court Order No. 92-393.

XXH.1.3 North Central Texas Council of Governments Specifications, latest edition.

xxn.1.4 The Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2004 edition or latest version at Effective Date.

XXH.1.5 The Texas Manual on Uniform Traffic Control Devices, latest version at Effective

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Date.

xxn.1.6 The Dallas County Design Manual, latest version at Effective Date.

xxn.1.7 The Dallas County Guidelines for Preparation ofR.O.W. Legal Descriptions, Parcel Plats, and Maps, dated February 2006 or latest version at Effective Date.

XXn.1.8 Standards, Specifications, Codes, Ordinances, Regnlations of City or Cities in which the proj ect is located.

xxn.2 In the event of any inconsistencv between the provisions of this agreement, the inconsistency shall be resolved by giving precedence in the following order: (1) this Contract; (2) the RFQ and (3) County Unified Policy for Selection of Architect/Engineers and (4) Consultants response to RFQ, inclusive of all data and documentation as furnished.

ARTICLE XXIII. AMENDMENTS

XXIII.1 Modification - Either the CONSULTANT or the COUNTY may initiate a written request for a Contract Modification when, in the opinion of the requesting party, the needs and conditions of the project warrant a modification. Upon receipt of a request by either party, the CONSULTANT and the COUNTY shall review the conditions associated with the request and determine the necessity of a modification. When both parties agree that a modification is warranted the CONSULTANT and the COUNTY shall negotiate the specific modification(s) and any changes in the Cost, total not-to-exceed amount for the contract, unit prices for any item not previously agreed upon or completion dates resulting from the modification.

XXHI.2 Fee/Time Increases - Any other provision of this Contract notwithstanding, it is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any services pursuant to this Contract, or any modification to the Contract or amendment hereto requiring the payment of any amount in excess of Cost stipulated in Article III, Compensation, or extension of time of completion without first obtaining specific authorization from the COUNTY in the form of a formal order of the Dallas County Commissioners Court authorizing a Modification and a written authorization to proceed from the Dallas County Department of Public Works.

XXIII.3 Approval of a modification shall be in the form of a written modification which clearly defines the changes to the previously approved provision(s) of this Contract. Said written modification shall be considered approved upon satisfaction of these conditions: (1) approval by the CONSULTANT, (2) authorization by the Dallas County Commissioners Conrt by a formal order except as provided in Section 4 of this Article, and (3) issuance of a written notice to proceed by the Dallas County Department of Public Works.

XXHI.4 The Department of Public Works may issue a written modification without prior approval of the Commissioners Court to extend the maximnm completion date, not to exceed ten (10) days and when the modifications are to be accomplished within the previously authorized total not-to-exceed amount of the Contract and within an amount not more than $50,000.00 above the previously approved amount, and when the modifications do not materially or substantively alter the overall scope of the project or the services provided by the CONSULTANT.

Mel? i'l/o, {f)209 -- Wall/lIl Hill lAIII(-' _______________________________ 19

ARTICLE XXIV. COMPLIANCE WITH LAWS

The CONSULTANT shall be familiar with and at all times shall comply with all Federal, State and local laws, statutes, ordinances, mles and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations, non-discrimination laws and regulations, and safety regulations. When required, the CONSULTANT shall .furnish the COUNTY satisfactory proof of compliance therewith.

ARTICLE XXV. NON-COLLUSION

The CONSULTANT warrants that it has not employed or retained any company or persons, other than bona fide employees working solely for the CONSULTANT, to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts' or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the COUNTY shall have the right to annul this Contract without liability or to deduct, at its discretion, from the Contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

ARTICLE XXVI. SIGNATORY WARRANTY

The undersigned signatory for the CONSULTANT hereby represents and wan'ants that he or she is an officer of the organization for which he or she has execnted this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm and that the execntion thereof is the act of the CONSULTANT and has been delivered and, subsequent to execution by COUNTY, constitutes a legal, valid and binding obligation of the CONSULTANT, its successors and assigns and shall inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns.

ARTICLE XXVII. MISCELLANEOUS GENERAL PROVISIONS

XXVU.1 Entire Agreement. This Contract, including all exhibits and addendum, constitutes the entire agreement between the parties hereto and may not be modified except by an instmment in writing executed by the parties as herein provided.

XXVn.2 Severability. If any provision of this Contract shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.

XXVn.3 DefaultiWaiver/Mitigation. It is not a waiver of default ifthe non-defaulting party fails to declare immediately a default or delays in taking any action. Pnrsuit of any remedies set forth in this Contract does not preclude pursuit of other remedies in this Contract or provided by law. CONSULTANT shall have a duty to mitigate damages.

XXVII.4 Federal or State of Texas Funding. In the event that any Project or part thereof is funded by State of Texas or U. S. Govemment federal funding and any statute, mIe, regulation, grant,

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contract provision or other State of Texas or U.S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, CONSULTANT agrees to timely comply therewith without additional cost or expense to COUNTY.

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

XXVn.6 Number and Gender. Words of any gender used in this Contract shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, uuless the text clearly requires otherwise.

XXVII.7 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instmment.

XXVII.S Funding. Notwithstanding any provisions contained herein, this Contract is expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the agreement and any extension thereto. CONSULTANT shall have no right of action against COUNTY in the event that 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 tenninate this Contract.

XXVII.9 Minority and Women Bnsiness Enterprise. The Consultant agrees to comply with the provisions of Exhibit A "Minority/Women Business Specifications" for the RFQ as filed with Dallas County Minority/Women Business Enterprise office in response to RFQ Number 2007-116-3009. Said response is fully incorporated herein for all purposes as if reproduced word for word. An example of the fonn is displayed as Attachment E, Dallas County MBE/WBE Payment Report, incorporated herein for all purposes as if reproduced word for word, shall be submitted with every invoice for payment.

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____________________________ 21

IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Contract to be signed by its County Judge, duly authorized to execute the same in its behalf by Court Order No. 2011-1989 , approved by the Commissioners Court on November 15 , 20 11 , and DAL-TECH Engineering, lne. signing by and through its duly authorized representative, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and fuIl performance of the terms and provisions ofthis Contract.

DALLAS COUNTY

ATTEST: /

Approved as to Form:

sistant District Attorney Civil Division

DAL-TECH ENGINEERING, INC

ATTEST:

se{li,A'Omnani, P.E President

Corporate Seal

*By Jaw/ the District Attorneys' 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).

,liefP No, j02()f) - Wail/lit Hil! Lalli_'

ATTACHMENT A SCOPE OF SERVICES

· .

Attachment "A"

Scope of Services with Project Schedule

Walnut Hill Lane Elm Fork Athletic Complex to Malibu Drive

Dallas County No. 10209 DAL-TECH No. 0533

Preliminary and Final Design

A. Project Scope

I. The project is approximately 2,100 linear foot (LF) long and will include 1,430 LF of 4-lane (II-foot lanes) roadway section from Malibu Drive to the Elm Fork Athlctic Complex Entrance and then reduces to a 2-lane (II-foot lanes) roadway section for approximately 650 LF where it matches existing pavement. The pavement section will consist of 2-inches of TxDOT Type D HMAC on 6-inches of TxDOT Type B HMAC bedded on lime treated subgrade. The thickness and application rate of the lime treatment will be determined by the geotechnical engmeer.

2. The project will also include a 10 foot wide left turn lane for cast bound Walnut Hill Laue at the IH -3 5E Service Road intersection. The intersection pavement section will consist of 12-inches of TxDOT Type P Concrete Pavement on 6-inches of lime treated subgrade. Note that design of cross sections, drainage improvements, traffic signal and landscaping design will not he included in the intersection design.

3. The project will include a 12-foot wide bike trail approximately 2,100 LF long on the north side of Walnut Hill Lane. The project will include a 6-foot wide sidewalk approximately 2,100 LF long on the south side of Walnut Hill Lane.

B. Proposed Schedule

DAL-TECH proposes to submit signed and sealed Final Plans and Special Specifications within seven months after receiving a notice to proceed based upon the following schedule:

1. DAL-TECH proposes to submit 60% plans within 40 working days from the date of notice to Proceed.

2. DAL-TECH proposes to submit Pre-Final (90%) plans within 25 working days from the date of receiving review comments on 60% plans.

3. DAL-TECH proposes to resubmit Pre-Final (90%) plans within IS working days from the date of receiving review comments on resubmitted Pre-Final (90%) plans.

P :\0533DC -Walnutl-li1J\F"jnaJ Design\Proposal 10-l9-11 \Attachment A.doc

4. DAL-TECH proposes to submit Final plans within 10 working days from the date of receiving review comments on resubmitted Pre-Final plans.

5. DAL-TECH proposes to submit signed and sealed Final Plans and Special Specifications within 15 working days from the date of receiving review comments on Final plans.

Dallas County reviews for each submittal will be no more than ten working days. If the schedule is extended beyond seven months for reasons beyond DAL-TECH's control, the proposed fees are subject to adjustment.

C. Proposed Services

DAL-TECH proposes to provide the following services:

1. Pm1icipate in Task Force meetings neccssary for the project. Prepare any necessary reports concerning topics of discussion, issues presented, issues resolved and recommendations (maximum of seven meetings).

2. PaJ1icipate in On-Board review meetings that may be necessary and scheduled by the County to complete the review of submitted documents (maximum of three meetings).

3. Participate in utility coordination meetings that may be necessary to complete tbe preliminary and final design for the project (maximum of three meetings).

4. Perform an alignment survey to establish and document the project centerline and control points at P.C.'s, P.T.'s, and at not more thm1500 foot intervals. These points and references shall be located so that removal will not be required during constmction and documentation shall be shown on the horizontal and vertical control sheet. The centerline alignment shall be staked per the horizontal control plan.

5. Provide an estimated 8 Right-of-Way and easement documents, identified upon authorization by the County and completion of first primary (final) plan submittal. These documents will be in accordance to the Dallas County requirements of Procedures and Examples of Right -of Way Mapping, Calcula/ion and Property. This work shall include, but not be limited to, on the ground observations, abstracting title records in sufficient depth to detern1ine present property owners of record, researching title records of municipalities, the State of Texas, the County of Dallas and the Dallas Central Appraisal District, to detel'l11ine present property ownership, and affecting easements. Note that Walnut Hill Lane west of IH-3SE is located within a patchwork of Right-of-Way; Street Easement: Access, Drainage and Utility Easement; and undedicated Right-of-Way. Preparation of Right-of-Way documents for the Street Easement areas; Access, Drainage and Utility Easement areas; and undedicated Right-of-Way areas will occur only after approval of the Dallas County Project Manager. The proposed Right-of-Way and easement documents will categorized as small, medium or large.

6. Attend and actively pm1icipate in a Neighborhood Meeting.

P:\0533DC-WalnutHill\Final Design\ProposaJ 10-19-11 \Attachment A.doc

7. Prepare street lighting plans for Walnut Hill Lane meeting City of Dallas standards (IES standards). The design will include Trinity Park Area style poles and fixtures, plus conduit, pull boxes, conductors, electric meter, and required appurtenances. These lighting plans will· be prepared assuming that the lighting system will be owned and maintained by the City of Dallas.

8. Prepare landscaping plans along Walnut Hill Lane to include the following:

? Attend three Dallas County Task Force Meetings with stakeholders to determine prefelTed approach to include in the preliminary plans (60%). Prepare preliminary landscape planting plans (60%) for the project consisting of street trees and median tree plantings from at the Athletic Complex Entrance (Sta 44+00) to Malibu Drive (Sta. 59+00) and consisting of planting bed areas in the vicinity of the entrance. Pre-Final plans (90%) will be prepared for landscape design based on review comments from preliminary plans and input from the design alternatives meeting.

? Prepare a plant list and typical details. Plant variety will be limited for ease of maintenance. Plant species will be compatible with the plant species within the Elm Fork Athletic Complex.

? Prepare details for patterned asphalt paving, including concrete mow strip edges, within the Walnut Hill Lane R.O.W. to be located at the Athletic Complex Entrance. Prepare details for concrete mow strips to define planting bed areas.

9. Prepare ilTigation plans to support the proposed landscaping improvements.

10. If required, perform limited geotec1mical services for pavement design. The services to be provided will be approved by the Dallas County Project Manager prior to commencement of geotechnical services.

11. Provide environmental services for Wetlands Permitting and Disposal PelTl1itting for contaminated soils and trash that may be uncovered during construction.

12. Prepare final plans to include the following:

a. Plan submittals will include Preliminary (60%), Pre-Final (90%), Final (100%) and Final signed and sealed plans on 3 miL Mylar. Plan submittals will include one set of 22" x 34" full size sheets and two sets of 11" x 17" half size sheets. Each submittal will include a construction cost estimate.

b. Typical sections proposed for project conditions.

P:\0533DC-WalnutHill\Final Design\Proposal 10-\9-11 \Attachment A.doc

c. Final paving and drainage plan and profile sheets plotted on 22" x 34" full size sheets with a scale of not less than 1" = 20', and plotted on II" x 17" half size sheets with a scale of not less than 1" = 40'.

d. Final drainage area map for the Wesco Channel at a minimum scale of 1" = 1 ,000 feet.

e. Final roadway drainage area map (minimum scale 1" = 200'). The final drainage area map shall be adequate to clearly define basic drainage structures and ROW requirements.

f. Cross sections as required to detennine impact to adjacent property and estimated volumes of excavation and embankment (minimum 50-foot intervals). Cross sections will be plotted on 22" x 34" full size sheets with a scale of 1" = 5' Hor., and 1" = 2' Vert., and plotted on 11" x 17" half size sheets with a scale of 1" = 10' Hor., and 1" = 4' Vert.

g. Final drainage layout and sections. This item will include box culvert layout sheets showing proposed culverts, headwalls, slope protection, and channel protection.

h. Miscellaneous Detail Sheets. Details are antic ipated to include geometric layout details, structural design of special drainage structure(s), and special details required for drainage design. There are tln'ee Miscellaneous Sheets anticipated.

1. Final drainage layout and sections. This item will include box culvert layout sheets showing proposed culverts, headwalls, slope protection, and channel protection.

J. TxDOT, County, City and/or other standard detail drawings required to construct paving, drainage, and structural improvements.

k. Final Suggested Construction Sequence Plans, plotted on 22" x 34" full size sheets with a scale of not less than 1" = 40', and plotted on 11" x 17" half size sheets with a scale of not less than I" = 80'.

13. Preparation of Special Specifications for the project in rough draft form for final review. Upon completion of review, DAL-TECH will make the required corrections and revisions and furnish to the County the originals and computer files of approved Special Specifications. Note, Dallas County Public Works will be responsible for preparation of the Contract Documents including Notice to Bidders, Proposal, List of Standard Specifications, Special Provisions, Contract, Bonds, General Notes, and any other standard [onns required by Dallas County.

14. Prepare a Proposed Rjght-of~Way Map showing existing right-of-way, existing easements, property lines, and ownership, and proposed right-of-way, drainage easements, slope easements, and temporary easements. The Proposed Right-ofWay Map will be plotted on 22" x 34" full size sheets with a scale of not less than

P:\0533DC -WalnutHimFinal Design\ProposallO-19-ll \At1achment A.doc

1" = 20', and plotted on 11" x 17" half size sheets with a scale of not less than 1" = 40'.

15. Provide the following engineering services during construction as needed: a. attend Pre-Bid meeting, b. Pre-Construction Meeting and the Partnering Workshop, c. Review and approve shop drawings and Requests for Information

(RFl's) provided by Contractor, d. Attend field meetings, e. Make plan modifications and revisions,

16. Prepare Record Drawing upon completion of construction and receiving all field modification to the original design by the County or it's Contractor.

17. Complete final design and Right-of-Way survey for the entire project within seven months following acceptance of this proposal.

18. Reimbursable expenses will include courier fees, mileage, tolls, parking, TDLR review and inspection fees, plotting costs, and any other associated fees related to Walnut Hill Lane design. Receipts will be provided for reimbursement. Printing will be provided by Dallas County. Mounting of exhibits will be provided by Dallas County.

P:\0533DC-WalnutHi11\Final Design\ProposallO-19-1 l\Attachmcnt A.doc

ATTACHMENT B FEE PROPOSAL

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ATTACHMENTC I SAMPLE INVOICE

. . . .

"ATTACHMENT C"

INVOICE MUST BE ON LETTERHEAD

Name of Contract (Job) Number of Contract (Job) Limits of Contract (from - to)

Court Order Number Authorizing Contract Date of Court Order

Amount of Original Contract

Court Order Numbers & Dates Authorizing Amendments

Revised Total Contract Amount

Basic Engineering Maximum Amount $ Amount of Previous Payments $ Amount of this Invoice $

Special Services Maximum Amount $ Amount of Previous Payments $ Amount of this Invoice $

TOTAL PAYMENT REQUEST = $

Today's Date Invoice number

Period Invoice Covers

Please note that second page of invoice must detail all requests for payment, e.g., Personnel x hours or invoice x %.

Signature of Consultant Project Manager Title Date

ATTACHMENT D MWBE PAYMENT REPORT

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DALLAS COUNTY MBE/WBE PAYMENT REPORT

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Prime/General Contractor L -~ ... ---.J ~-.-.,~

List each MBE/WBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County prior to finalization.

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IVote: Thisjorm must be completed and .'Hlhmifjcd with each payment request.

Any (rdgnificant) dn'iatioll from planned should include attached explanation.

The informatiol1listed ahOl'€ is certified (0 be correct: Rcyicwcd bJ!

])rillted Name of Officer/Director Signature of Officer/Director Date Dallas County Project iVlgr Date

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ATTACHMENT E DALLAS COUNlTY PERFORMANCE EVALUATION OF DESIGN

CONSULTANTS ..

"ATTACHMENT E"

DALLAS COUNTY PERFORMANCE EVALVA nON OF DESIGN CONSULTANTS

Project No.

I Project Description i

, Pro,iect Limits ._-~

, Award Date

Court Order No.

~' Negotiated Term of Contract Actual Completion of

, Contract

Project Name

,

I

! No. of Days Extended by Contract Amendment

==--~-----------

Dallas Co. Proj. Mgr Evaluation Date

,

-I . CONTRACT AMENDMENTS

I Amendment NoJ Reason Amount Total to Date .

'I. -+--1' -------+-~ -~-_~~.il .. t 1 TYPE OF EV ALVA nON

o INTERIM Complete) o TER.c1VIINATION o FINAL

TYPE OF CONTRACT

o DESIGN o ENGINEERING SERVICES o OTHER

CONTRACT PHASE

o PRELIMINARY (PHASE l) 0 PRIMARY (PHASE II)

PRO.TECT COMPLEXITY

o DIFFICULT o ROUTINE o OTHER (PLEASE EXPLAI]\j)

OVERALL EV ALVA nON

o Excellent o Above Average o Average o Below Average o Poor

IS THIS CONSULTANT RECOMMENDED FOR FUTURE CONTRACTS? DYes 0 No Please

NAME, TITLE, AND OFFICE OF EVALUATOR:

TELEPHONE:

EMAIL:

DATE:

SIGNATURE

DISTRIBUTION:

ADDITIONAL REMARKS:

NAME, TITLE, AND OFFICE OF REVIEWER:

TELEPHONE:

EMAIL:

DATE:

SIGNATURE

2011 1990 ORDER NO: ____ _

DATE: N:JvsJter 15, ZOll

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

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

held on N:JvEnter 15th, 2011, on motion made by John Wiley Price, District No.3

and seconded by Dr. Elba Garcia, District No.4

adopted:

, the following Order was

WHEREAS, on November 15, 2011, the Dallas County Commissioners Court was briefed on the need to engage the Law Office of J. Gerald Hebert, PC to assist with the preparation of voting precinct maps and boundaries and the required U.S. Justice Department submission; and

WHEREAS, the selection of qualified counsel will help ensure that all maps, boundaries, and Justice Department submissions are correct, appropriate, and consistent WITh state and federal law.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court and the Dallas County District Attorney jointly select the Law Office of J. Gerald Hebert, PC to provide the attached scope of services associated with the preparation of voting precinct maps and boundaries and the required submission to the U.S. Justice Department, that the cost of providing these services shall not exceed $50,000 (not including out-of-pocket expenses), that the funding for these additional legal services and expenses will be provided from 532.1210.5590.94036, and that the District Attorney's Office is authorized to sign the related contract for these services.

I

I

15th day of November

2~U~~¢_

Commi

Maurine Dickey Commissioner District #1

Mike Cantrell Commissioner D' trict #2

Dr. Elba Garcia Commissioner District #4

Recommended by: JQ~~;~~ijjO:::::::::;;;::::~)~==---_______

Reprecincting for Dallas County

Overview After the decennial redistricting process, counties must redraw their precinct lines to conform to the redistricting maps passed by local and State governments. These include the maps for the State House, State Senate and Congressional, and local municipal districts. Dallas County is currently facing that challenge. J. Gerald Hebert P.C., working with Angle Strategies, is prepared to redraw the precinct lines and prepare and expedite the Department of Justice Section 5 preclearance submission.

Reprecincting challenges There is still uncertainty regarding the 2011 reprecincting process. There are ongoing court cases in San Antonio and Washington, D.C. that are likely to change the redistricting maps for the State House, State Senate and Congressional maps. Additionally, the preclearance of the Dallas Justice of the Peace precincts is still pending review by the DOJ. The Federal Court in San Antonio has suspended Texas Election Laws requiring counties to finalize their precinct lines by October 1 st, the requirements that counties send out voter registration certificates and any other part of the election law that is dependent on the redistricting lines being finalized. This will allow the counties to wait until there are final precleared State House, State Senate and Congressional maps before they reprecinct or send out voter registration certificates.

While this is a positive development in the short term, this does not reduce the urgency to prepare for the reprecincting process. Because of the collapsed election timeline there will be even less time after the final (or interim) maps are ordered. The election schedule will be much more compressed in terms of the filing deadlines, reprecincting deadlines, ballot printing deadlines and elections. This means that Dallas County must be prepared in advance with the technology in place to load the new maps, reprecinct, renumber the precincts and move on to other election activities.

Redistricting Services Below is a list of the scope of activities J. Gerald Hebert P.C. ("the Firm") will provide to Dallas County.

Redrawing Precincts The Firm will use its expertise in GIS to redraw all Dallas County Precincts to conform with the newly drawn interim legislative redistricting lines. Every effort will be made to reduce the number of small and "zero" precincts.

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As part of this effort, the Firm will: • Provide maps of individual precincts, each Commissioners precinct, and count

maps of the new legislative districts (maps should also be provided in electronic shape files);

• Provide a comparative listing of both newly-drawn and previously-existing precincts for each commissioner precinct and legislative district;

• Provide information that will allow for the determination of candidate eligibility and the geo-coding of voters to the new precincts;

• Provide block range/street information for each precinct; • Consult with North Central Texas Council of Governments and the County's voter

registration vendor (Vote c) regarding the moving of voters according to Section 42.001 of the Texas Election Code;

• Export the roads table with address ranges and corresponding precincts so that residents can be assigned to the correct voting precinct; and

• Provide a written description of each Commissioners precinct using a combination of State plane coordinates, metes and bounds, city limit descriptions, thoroughfare/highway right-of-way, and/or natural water courses that will allow the boundary descriptions to be reproducible on the ground.

Deliverables will be provided as hard copies and in electronic formats acceptable to the County.

Renumbering precincts The Firm will renumber the precincts in a logical fashion giving each precinct a unique number likely beginning with its Commissioner precinct and having the second precinct digit correspond with a city district code (Commissioner Precinct 2's precincts would be renumbered 2001,2002,2003 ... ).

Preclearence submission As a former DOJ official, Gerry Hebert has extensive experience and expertise in preparing all documentation supporting the reprec"incting plan for submission to the Department of Justice for Voting Rights Act approval. Hebert has the unique experience of both reviewing Section 5 plans as a Department of Justice staff attomey, as well as submitting and defending plans before the DOJ on behalf of municipalities and other governmental bodies.

Dallas County will need to submit the new precinct boundaries to the Department of Justice for preclearance. The compressed timeline will force Dallas County to pursue an expedited DOJ preclearance process. Gerry Hebert and Angle Strategies are well equipped to prepare the submission in short time, and Gerry has the contacts and

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experience with the DOJ to ensure the quickest preclearance process possible. Indeed, Gerry has sought and received expedites preclearance for numerous local governments over the years.

Proposed Schedule Material will be delivered to the County on December 5, 2011.

Contract and Cost for Services The services described above can be provided for a fee of $50,000 plus out-of-pocket expenses. The base fee would be provided in two installments of $25,000. Upon agreement to the terms of this proposal a formal contract will be drafted and signed.

Note regarding the possibility of interim district lines: It is possible that the Federal Courts will order interim maps for the 2012 elections that will be replaced when the redistricting lawsuits are completed and the appeals process is exhausted. In this situation there would be different maps for the 2014 elections than the 2012 election. If precincts are once again split by the new maps, Dallas County may choose to reprecinct again. In this case the Firm could offer the reprecincting at a reduced rate.

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