1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA · 2013-08-30 · DALLAS COUNTY COMMISSIONERS...

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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

September 3, 2013

REPORTS/RECOMMENDA TIONS/REQUESTS PAGE NOS.

1. COUNTY JUDGE

Employee of the Month Award Winners ................................................................... 5-7

2. HEALTH & HUMAN SERVICES

a) West Nile Virus Update ................................................ ................... Presentation

b) Request for Proposals to Conduct a Comprehensive Needs Assessment for HIV Services to be funded by the Ryan White Treatment Extension Act of 2009 FY 2013 Part A, Part A-Minority AIDS Initiative and Part B Grants ............................................................. 8-9

c) Interlocal Health Services Agreement.. ........................................................ 10-23

d) Dallas County Health & Human Services/Older Adult Services Program - FY2014 Continuation Grant Application ................................ 24-34

(COURT ORDER ON FORMAL AGENDA)

3. ELECTIONS

National Voter Registration Day Event Programming ......................................... 35-40 (COURT ORDER ON FORMAL AGENDA)

4. SHERIFF

1 Year Comprehensive STEP Traffic Safety Grant ............................................... .41-73

5. JUVENILE

FY2014 Dental Services Interlocal Agreement ..................................................... 74-75

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6. TAX ASSESSOR/COLLECTOR

a) Contract between Dallas County Community College District and Dallas County for Tax Collection Services ................................................ 76-84

(COURT ORDER ON FORMAL AGENDA)

b) Agreement between the North Texas Tollway Authority and Dallas County for Participation in the Dallas County Scofflaw Program ....... 85-91

7. FIRE MARSHAL

Renewal of City Fire and Ambulance Protection Agreements City o/DeSoto, City o/Hutchins, City o/Lancaster, City o/Wilmer City o/Sachse .............................................. ................................................... 92-193

8. INFORMATION TECHNOLOGY

Social Website Request ........................................................................................ 194-195

9. OPERATIONS

SA VNS/VINE Maintenance Grant Contract between the Office of the Attorney General and Dallas County for the State FY 2014 .................. 196-198

10. ENGINEERING AND PROTECT MANAGEMENT

Energy Performance Contract Update and Request to Move Forward with Phase Four ........................................................................... 199-203

11. PUBLIC WORKS

a) Resale of Tax Foreclosed Property at 1303 Highland Drive Duncanville, Texas, Via Private Sale ............................................... 204-206

b) Resale of Tax Foreclosed Property at 2345 Fuqua Road, Rowlett, Texas, Via Private Sale ..................................................... .207-209

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12. PURCHASING

a) Annual Contract Extensions .................................................................... 210-221

b) A ward Recommendation for Bid No. 2013-055-6368, Contract for the Purchase and Installation of a Glass Refractive Index Measurement System ....................................................................... 222-226

13. HUMAN RESOURCES/CIVIL SERVICE

Workforce Investment - FY2014 ...................................................................... Handout

14. PLANNING & DEVELOPMENT

Entering into Agreement for Records Building Historic/ Artistic Display ... 227-347

15. BUDGET

a) Conference/Travel/Training Requests .................................................. 248-250

b) County Clerk FY2014 Archive Plan ........................................................ 251-254

c) District Clerk FY2014 Archive Plan ........................................................ 255-261

d) FY -2013 Budget Update ................................................................... Presentation

16. . INFORMATION ....................................................................................................... N/ A

• Jail Population Report • Office of Budget & Evaluation-Reserve Balance Report-August 28,2013 • County Auditor - Bid Contracts-Insurance Exceptions as of August 27, 2013 • IT Services - CIO's Progress Forward Report • Purchasing - Annual Contract Data Briefings

Bid No. 2013-062-6379, Annual Contract for the Purchase of Janitorial Supplies

• Health & Human Services - HHS Updates

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17. Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 262-265

18 Budget Hearing - Dallas County Hospital District (Parkland) .............. 11:00 a.m.

19. Discussion - Parkland Board of Managers - Saranac Report ................... 1:30 p.m.

20. PUBLIC COMMENTS

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

DATES TO REMEMBER

9/3/2013

Dallas County Judge Clay Lewis Jenkins

Date: September 3, 2013

To: Commissioners Court

From: Dallas County Judge Clay Lewis Jenkins

Re: Employee of the Month Award Winners

Background

In 2012, the Commissioners Court established the Dallas County Employee Recognition Program to

formally recognize outstanding employees consistent with our approved Strategic Plan Vision 1: Dallas

County is a model interagency partner, specifically, Strategy 1:1; Commissioners Court provides

leadership and establishes a vision for Dallas County.

The following employees have been selected by their respective Department Head/Elected Official as

Employees of the Month. Congratulations to these hardworking, dedicated employees who help us

achieve our goals and objectives for Dallas County.

July & August Employees of the Month

July Crime Lab – SWIFS Aria McCall Assistant Supervisor

July Health & Human Services Anglinette Stratford Housing Assistant Officer

July Juvenile Jonathan Moelling Research Assistant

July Tax Office CiCi Garcia Branch Manager

August Auditor Natalia Henry Internal Auditor III

August Crime Lab - SWIFS Ismael Parra Forensic Biologist II

August District Attorney Lee Pierson Assistant District Attorney

August Health & Human Services Patricia Trevino Clerk IV

August Information Technology

IT Oracle R12 Upgrade Project Team: Brett Taylor, Caryn Fain,

Phanindra Saraswathamma, Shrihari Sathaye, Bryan Warfield,

Kumar Peruka, Carlos Blanco, Traci Newbill, Rodney

Christian, Wayne Henderson, Kim Tran, Sam Tao, Ladislau

Oros, Tommy Bui, Denny Maxwell, Mariah Holt, Fred Holmes,

Keith Eatwell, Vickie Buchanan, Adeeb Hyder, Robert Morgan,

Bob Snodgrass, Derrick Mitchell, and Michael Liao.

August Juvenile Nancy Flores Probation Officer

August Public Works William "Bill" Stoll Property Appraiser

August Tax Office Candi Scarsco Customer Care Center Manager

August Truancy Court Erika Gutierrez Juvenile Case Manager

Recommended by:

Dallas County Judge Clay Lewis Jenkins

alsmith

Typewritten Text

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Dallas County Employee Recognition Program

July & August 2013

Tax Office CiCi Garcia

Auditor Natalia Henry

District Attorney Lee Pierson

Juvenile Jonathan Moelling

Health & Human Services Anglinette Stratford

Health & Human Services Patricia Trevino

Crime Lab – SWIFS Ismael Parra

Crime Lab – SWIFS Aria McCall

alsmith

Typewritten Text

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Dallas County Employee Recognition Program

July & August 2013

Tax Office Candi Scarsco

Truancy Court Erika Gutierrez

Public Works Bill Stoll

Juvenile Nancy Flores

Information Technology IT Oracle R12 Upgrade Project Team

alsmith

Typewritten Text

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a"~1Y °'''7 Dallas County

~ .~ Health and Human Services ~<;> ,+" Grants Management

II 01' "\:

Zachary Thompson 13 ~UG 28 Al'\ 1\: 10 Director

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: SEPTEMBER 3, 2013

SUBJECT: REQUEST FOR PROPOSALS TO CONDUCT A COMPREHENSIVE NEEDS ASSESSMENT FOR HIV SERVICES TO BE FUNDED BY THE RYAN WHITE TREATMENT EXTENSION ACT OF 2009 FY2013 PART A, PART A-MINORITY AIDS INITIATIVE, AND PART B GRANTS

Background oflssue The Ryan White Treatment Extension Act of2009 (TEA) legislation requires that recipients of TEA Part A, Part A-Minority AIDS Initiative, and Part B funds conduct a comprehensive needs assessment every three years. In order to fulfill that requirement, the Ryan White Planning Council of the Dallas Area seeks a contractor to conduct the assessment for the Dallas Planning Area which includes the Dallas Eligible Metropolitan Area (EMA), Dallas HlV Services Delivery Area (HSDA), and the Sherman-Denison HSDA. Funds to conduct the assessment will be made available to the public through a Request for Proposals (RFP), with proposals due on a date determined by the Dallas County Purchasing Department. Proposals will be reviewed and scored by an External Review Committee.

The selected contractor is expected to complete the following activities: • Identify trends in the HlV / AIDS epidemic within the region, focusing on recent changes

and emerging affected popUlations; • Identify consumer service needs with emphasis on needs that are not currently being

fulfilled (gap analysis), utilization patterns, and barriers to care. • Obtain detailed information on people living with HIV / AIDS (PLWH/ A) who are not

receiving HIV medical care as defined by the Health Resources Services Administration (HRSA) - demographics, barriers, and strategies to connect to care; and

• Define barriers to care, reasons why PLWH/ A "drop out" of care, and develop strategies to connect those labeled as "out-of-care" with the care system as directed by HRSA in response to determining the "unmet need".

Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA Part A, Part A-Minority AIDS Initiative and Part B. In accordance with the provisions of the TEA, the Administrative Agency is responsible for distributing these funds to eligible service providers for the performance of duties to comply with legislation.

Fiscal Impact There is no fiscal impactto Dallas County. Ryan White Part A. Part A-Minority AIDS Initiative, and Part B grant funds in the amount $100,000 will be used to pay for the project.

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Operational Impact The Administrative Agency staff will be responsible for providing technical assistance to parties interested in submitting proposals.

Legal Impact The Dallas County Commissioners Court must approve the Administrative Agency's Request for Proposals.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for Ryan White Treatment Extension Act Part A, Part A-Minority AIDS Initiative (MAl), Part B; Housing Opportunities for Persons with AIDS/HIV (HOPWA); and the State of Texas HIV Services (State Services) grants. A comprehensive assessment ofHIV service needs directly supports a regional indigent medical and mental healthcare network for those impacted by HIV / AIDS.

Recommendation It is recommended that the Dallas County Commissioners Court approve the Administrative Agency's Request for Proposals to Conduct a Comprehensive Needs Assessment for HIV Services, to be funded by the Ryan White TEA of 2009 FY 2013 Part A, Part A-Minority AIDS Initiative, and Part B grants.

RECOMMENDED BY: ~~ @""s:""tA....lc=-. __ _ !zac ,y Tho pson, Director

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

DALLAS COUNTY HEALTH AND HUMAN SERVICES ADMINISTRA TION

ZACHARY S. THOMPSON DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: , Zachary Thompson, Director

DATE: September 3, 2013

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SUBJECT: INTERLOCAL HEALTH SERVICES AGREEMENT

BACKGROUND

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Each year since 1980, Dallas County has negotiated inter-local agreements with most of the 25 cities within the County for services related to operating the Dallas County Communicable Disease Program (the "Program"), Each participating city pays a pro-rata share of the County's sexually transmitted diseases, tuberculosis, communicable diseases, and laboratory budgets; the pro-rated costs are based on health services provided to each City the previous year,

OPERATIONAL IMPACT

Cities that execute the attached inter-local agreement and agree to pay their pro-rata share of communicable disease costs are afforded certain "within-city limits immunizations" and other well child services, while those cities that do not pay their share of communicable diseases costs are provided immunization services at the main Dallas County Health and Human Services facility, The County is mandated to provide barrier-free immunization services to Dallas residents; however, that does not require that the services be provided within each city's limits, The current arrangement is legally acceptable, In FY'13 of the 25 cities within the County, eight (8) cities did not recognize an obligation to pay a pro-rated share of communicable disease services, These cities include DeSoto, Duncanville, Garland, Mesquite, Richardson, Rowlett, Seagoville, and Wilmer, The City of Dallas' contribution to the Program was negotiated in 1987 and currently remains intact

FISCAL IMPACT

The County's anticipated revenue, represented by the cities that historically have partiCipated in the Interlocal Health Services Agreement, amounts to one hundred eigthy-seven thousand, seven hundred sixteen dollars ($187,716,00), The cost of implementing the FY'14 Program is two million, one hundred ninety-seven thousand, four hundred eighty-five dollars ($2,197,485,00), Ofthattotal, two million, nine thousand, seven hundred sixtynine dollars ($2,009,769,00) represents the County's contribution to public health communicable disease services in Dallas County, The City of Dallas' share of that cost, one million, seven hundred fifty-four thousand, two hundred fifty-two dollars ($1,754,252,00), is offset by savings negotiated with the City of Dallas in the March 30, 1987 Agreement All cities will pay in 12 consecutive payments, with the exception ofthe Towns of Addison, Highland Park, Sunnyvale, and the City of Sachse who will pay in one lump sum,

2377 N. Stemmons Freeway Suite 600 LB-16

Dallas, Texas 75207-2710 Office 12141819-2100 FAX 12141 819-6012

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LEGAL IMPACT

Commissioners Court September 3, 2013

Page 2

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

PROJECT SCHEDULE

The FY 2014 Interlocal Health Services Agreement must be prepared in order to be delivered to the cities in time for their budgeting process. All signed contracts will be effective October 1,2013 through September 30, 2014.

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

It is the recommendation ofthe Dallas County Health and Human Services Departmentthatthe Commissioners Court approve the following: (1) re-issuing ofthe Interlocal Health Services Agreements for the following cities: Addison, Balch Springs, Carrollton, Cedar Hill, Coppell, Farmers Branch, Glenn Heights, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Sachse, Sunnyvale, and University Park; (2) authorize the fee schedule as attached; and (3) authorize the County Judge to sign the Interlocal Health Services Agreement on behalf of Dallas County.

Recommended by: Z~ ~cV'--' Zachary ompson,l[)irector

attachments


THE STATE OF TEXAS

COUNTY OF DALLAS

1. PARTIES

§ § § § §

§

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INTERLOCAL AGREEMENT FOR COORDINATED HEALTH SERVICES BETWEEN DALLAS COUNTY, TEXAS, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND THE CITYffOWN OF XX, TEXAS

Whereas, Dallas County ("County") has offered to provide certain health services to the various cities throughout Dallas County on a contract for services basis; and

Whereas, the City/Town of Xx, Texas ("City/Town") desires to participate with County in establishing coordinated health services for City/Town and Dallas County; and

Whereas, County will operate certain health services for the residents of City/Town in order to promote the effectiveness oflocal public health services and goals ("Program"); and

Whereas, the cooperative effort will allow cities located within Dallas County to participate in providing public health services for their residents; and

Whereas, such cooperative effort serves and furthers the public purpose and benefits the citizens of County as a whole.

Now therefore, County, on behalf of Dallas County Health and Human Services ("DCHHS"), enters into this Interlocal Agreement ("Agreement") with City/Town, pursuant to the authorities of the Texas Health and Safety Code Chapter 121, the Texas Government Code Chapter 791, and other applicable laws for health services to City/Town.

2. HEALTH SERVICES TO BE PERFORMED

A. County agrees to operate the Program, which will include the following health services:

1) Tuberculosis Control Services: providing preventive, diagnostic treatment, and epidemiological services;

2) Sexuallv Transmitted Disease Control Services: consisting of education to motivate people to use preventive measures and to seek early treatment, prophylaxis, epidemiological investigation, and counseling in accordance with County policy;

3) Communicable Disease Control Services: providing information concerning immunization and communicable diseases and coordinating with the Texas Department of State Health Services ("DSHS") in monitoring communicable diseases;

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4) Laboratory Services: performing chemical, biological, and bacteriological analysis and tests on which are based diagnosis of disease, effectiveness of treatment, the quality of the environment, the safety of substance for human consumption, and the control of communicable disease.

B. County agrees to provide to City/Town, in accordance with state and federal law, the following public health services:

I) Immunizations; 2) Child health care; 3) High risk infant case management; and 4) Home visits.

County also agrees to work with City/Town in order to decentralize clinics and to plan and provide for desired services by City/Town; however, any other services that City/Town requires, in addition to the above mentioned services, may result in additional fees to City/Town.

c. County agrees to charge a sliding fee based on ability to pay to all residents of every municipality, including City/Town, in Dallas County. The fees charged by County for the services listed in Section 2A of this Agreement will be used to offset the City/Town's Program costs for the next Agreement Term. A schedule offees to be charged by County is set out in Exhibit A, attached and incorporated herein by reference for all purposes.

D. County agrees that the level of service provided in the Program for City/Town will not be diminished below the level of service provided to City/Town for the same services in the prior Agreement Term except as indicated in Section 2E of this Agreement. For purposes of Section 2E, level of service is measured by the number of patient visits and number of specimens examined. County will snbmit to City/Town a monthly statement, which will also include the number of patient visits and number of specimens examined during the preceding month.

The possibility exists of reductions in state and federal funding to the Program that could result in curtailment of services if not subsidized at the local level. County will notifY City/Town in writing of any amount of reduction, and any extent to which services will be curtailed as a result. The notice will also include an amount that City/Town may elect to pay to maintain the original level of services. City/Town will notifY County in writing no later than fourteen (14) calendar days after the date of City/Town's receipt ofthe notice of funding reduction as to City/Town's decision to pay the requested amount or to accept the curtailment of service. If City/Town elects to pay the requested amount, payment is due no later than forty-five (45) calendar days after the date of the notice of funding reduction.

3. BUDGET

A. County agrees to submit to City/Town by July 31stof each year a proposed budget describing the proposed level of services for the next Agreement Term;

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B. For the Term of this Agreement, County agrees to provide the services listed in Section 2 of this Agreement at the level of services and for the amount stated in Exhibit D, which is attached and incorporated herein by reference for all purposes;

C. Pavrnent. City/Town shall pay County the following amount, as stated in Exhibit 0, and 11 00 Dollars

($ ), which is the agreed upon amount for City!Town's share of the total cost of the Program less federal and state funding.

D. In lieu of paying the actual dollar amount stated in this Agreement, City/Town has the option, to the extent authorized by law, ordinances or policy, of making a request to negotiate for inkind services that are equal in value to the total amount.

E. This Agreement is contingent upon City/Town's appropriation of funds, or ability to perform in-kind services as described in Section 3D of this Agreement, for the services set forth herein. In the event City/Town fails to appropriate such funds, or provide in-kind services, County shall not incur any obligations under this Agreement.

4. ASSURANCES

A. County shall operate and supervise the Program.

B. Nothing in this Agreement shall be construed to restrict the authority of City/Town over its health programs or environmental health programs or to limit the operations or services of those programs.

C. City!Town agrees to provide to County or assist County in procuring adequate facilities to be used for the services under this Agreement. These facilities must have adequate space, waiting areas, heating, air conditioning, lighting, and telephones. None of the costs and maintenance expenses associated with these facilities shall be the responsibility of County and County shall not be liable to City/Town or any third party for the condition of the facilities, including any premises defects.

D. City/Town agrees that these facilities will be publicly accessible to the extent required under the Americans with Disabilities Act of 1990, as amended, and related state and municipal laws and regulations.

E. City/Town and County agree that other cities/towns/municipalities may join the Program by entering into an agreement with County that contains the same basic terms and conditions as this Agreement.

F. Each party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying party.

5. FINANCING OF SERVICES

A. The health services provided under this Agreement will be financed as follows:

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1) City/Town and County will make available to tbe Program all appropriate federal and state funds, personnel, and equipment to provide tbe health services included under this Agreement and will use best efforts to cause these funds and resources to continue to increase.

2) City/Town shall pay to County, or provide in-kind services, its share of budgeted costs tbat are in excess of the federal and state funding for providing the health services under tbis Agreement. Budgeted costs shall not exceed tbose reflected in Exhibits B, C and D for tbe appropriate Agreement Term.

B. County shall bill City/Town each month an amount equal to one-twelfth (1/12) of its share of annual budgeted costs that exceed federal and state funding for the expenses of tbe preceding month.

C. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.

D. City/Town and County agree that no more tban ten percent (10%) of the City/Town's cost of participating in the Program will be used for administration of the Program.

6. TERM

The Term of this Agreement shall be effective from October 1, 2013 through September 30, 2014, unless otherwise stated in tbis Agreement.

7. TERMINATION

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

B. With Cause: Either party may terminate the Agreement immediately, in whole or in part, at its sole discretion, by written notice to the other party, for the following reasons:

I) Lack of, or reduction in, funding or resources; 2) Non-performance; 3) The improper, misuse or inept/inefficient use of funds or resources directly related to

this Agreement; 4) The submission of data, statements and/or reports tbat is incorrect, incomplete and/or

false in any way.

8. RESPONSIBILITY

County and City/Town agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without

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waiving any governmental immunity available to County or City/Town or their respective officials, officers, employees, or agents under Texas or other law and without waiving any available defenses under Texas or other law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities.

9. INSURANCE

City/Town and County agree that they will, at all times during the Term of this Agreement, maintain in full force and effect insurance or self-insurance to the extent permitted by applicable laws. City/Town and County will be responsible for their respective costs of such insurance, any and all deductible amounts in any policy and any denials of coverage made by their respective insurers.

10. ACCESS TO RECORDS RELEVANT TO PROGRAM

City/Town and County agree to provide to the other upon request, copies of the books and records relating to the Program. City/Town and County further agree to give City/Town and County health officials access to all Program activities. Both City/Town and County agree to adhere to all applicable confidentiality provisions, including those relating to Human Immunodeficiency Virus (HIV) and Sexually Transmitted Disease (STD) information, as mandated by federal and State law, as well as by DSHS.

11. NOTICE

Any notice to be given under this Agreement shall be deemed to have been given if reduced to writing and delivered in person by a reputable courier service or mailed by Registered Mail, postage pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth below. Such notice, demand or request shall be deemed to have been given, ifby courier, at the time of delivery, or ifby mail, three (3) business days subsequent to the deposit of the notice in the United States mail in accordance herewith. The names and addresses of the parties' hereto to whom notice is to be sent are as follows:

Zachary Thompson, Director Dallas County Health & Hmnan Services 2377 N. Stemmons Freeway, LB 12 Dallas, TX 75207-2710

12. IMMUNITY

City/Town of Xx

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

13. COMPLIANCE WITH LAWS AND VENUE

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

14. AMENDMENTS AND CHANGES IN THE LAW

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

15. ENTIRE AGREEMENT

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

16. BINDING EFFECT

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

17. GOVERNMENT FUNDED PROJECT

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

18. DEFAULT/ CUMULATIVE RIGHTS/ MITIGATION

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

19. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained herein, the obligations of County and City/Town under this Agreement are expressly contingent upon the availability of funding for each item and obligation

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contained herein for the Term of the Agreement and any extensions thereto. City/Town and County shall have no right of action against the other party in the event the other party is unable to fulfill its obligations under this Agreement as a result oflack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future Agreement Terms. In the event that County or City/Town is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, each party, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the other party at the earliest possible time.

20. COUNTERPARTS, NUMBER, GENDER AND HEADINGS

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

21. PREVENTION OF FRAUD AND ABUSE

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

22. AGENCY / INDEPENDENT CONTRACTOR

County and City/Town agree that the terms and conditions of this Agreement do not constitute the creation of a separate legal entity or the creation of legal responsibilities of either party other than under the terms of this Agreement. County and City/Town are and shall be acting as independent contractors under this Agreement; accordingly, nothing contained in this Agreement shall be construed as establishing a master/servant, employer/employee, partnership, joint venture, or joint enterprise relationship between County and City/Town. City/Town and County are responsible for their own acts, forbearance, negligence and deeds, and for those of their respective officials, agents or employees in conjunction with the performance of work covered under this Agreement.

23. SEVERABILITY

If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions in this Agreement. The illegal or invalid provision will be

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deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated.

24. SIGNATORY WARRANTY

Each person signing and executing this Agreement does hereby warrant and represent that such person has been duly authorized to execute this Agreement on behalf ofCitylTown or County, as the case may be.

DALLAS COUNTY:

By: Clay Lewis Jenkins Dallas County Judge

DATE: __________________ __

Recommended:

By: Zachary Thompson Director, DCHHS

Approved as to Form*: CRAIG WATKINS F.Y.!) D:rtrl~b~ By: Melanie Barton

Assistant District Attorney

CITY/TOWN OF XX:

By: City/Town Manager/Mayor

DATE: ____________________ _

Attested:

By: City/Town Secretary

Approved as to Form:

By: City/Town Attorney

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

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20 EXHIBIT A FY 2014 FEE SCHEDULE

SEXUALLY TRANSMITTED

Treatment Blood Drawing Cryotherapy Chemical Lesion Reduction Medical Records Copies

TUBERCULOSIS

$20 - $45 (Sliding Scale) $5 $15 $45 $5 each

TB Testing-Levell (Office Visit) $30 TB Testing-Level II (QuantiFeron) $50 Chest X-Ray Copies $5

LABORATORY

Wet Prep Gram Stain GC Culture RPR GEN Probe GC Screen GEN Probe CT Screen HIVTest HIV Test - Rapid Salmonella/Shigella TB Culture & Concentration TB Identification TB Susceptibility TB Acid Fast Stain

NURSING SERVICE

Hepatitis A Havrix' Hepatitis B Vaccine* Twinrix Rabies (PE) IPV Pneumococca!* Adacel (Pertusis) HIB Japanese Encephalitis Meningococcal (Menomune) Typhoid (Polysaccharide) Typhoid (Oral) Yellow Fever Vaccine Boostrix Vaccine Influenza Vaccine* MMW Rabies Administrative Feel Serves State Vaccine Foreign Travel Office Visit Fee TO'

ENVIRONMENTAL HEALTH

Septic Tank Inspection

Septic Tank Re-inspection

Food Establishment Inspection Half-Way Houses & Boarding Homes, Residential Mosquito Spraying for Non-

$6 each $6 each $14 each $11 each $47 each $47 each $15 each $20 each $16 each $25 each $15 each $31 each $ 8 each

$50llnjection $55/lnjection $70/lnjection $240/lnjection $45/lnjection $90/lnjection $55/injection $45/injection $120/lnjection $135/lnjection $65/lnjection $50/box $115/lnjection $50/1 n jection $20/lnjection $75/lnjection

$25 $25 $40/lnjection

$310/Commercial/Business $260/Residential $35/Residential $85/Commercial $150/yr.lestablishment $75/plus $25 for each additional unit on site

contracting cities $185/ per hour Water Sample $50 Mosquito Testing $35 Food Mgr. Cert, Program $100/per person Food Mgr. Cert, Retesting $50/per person Note: 1) # Indicates $10 charge for State fee

CRIMINAL TESTING

Blood Draws Buccal Swabs

Comprehensive TB Testing & Evaluation (IneL Chest X-ray)

MTD Testing for TB Pregnancy Test Urinalysis Dark Field Chancroid Culture Herpes Culture Herpes Type 1 & 2 Serology Group A Strep Urine Screen: Neisseria Gonorrhoeae Chlamydia Trachomatis Lead Screen Staphylococcus/Aureus Culture

Varivax* Meningococcal (MCV4)' Zostavax (Shingles)' Gardasil (HPVt Hepatitis A (Pediatric) Hepatitis B (Pediatric) DT DTaP-HepB-IPV DTaP-IPV Rotavirus PCV13 Communicable Disease Program: Hepatitis C Screening /mmunizationNFC Program: DPT,DT,Hib, Well Baby Diabetic Testing Immunization Record Foreign Travel Yellow Card

$38 $38

$80

$40/ each $20 each $15 each $16 each $10 each $38 each $50 each $14 each

$47 each $47 each $10 each $17 each

$110/lnjection $130/lnjection $215,00/lnjection $175,00/lnjection $30,00/injection $25.00/injection $50.00/injection $80.00/injection $65.00/injection $120.00/injection $160.00/injection

$35fTest

$5/Per child $5Msit $5fTest $5 each $5 each

~Note' Vaccines marked with asterisks are part of the Adult Safety Net Program (ASNP). Clients eUgible to receive through the ASNP will be charged a fee of $10IsOO\

Day Care Center Inspections Temporary Food Permit Funeral Home Inspection FHA, VA, Conventional Loans

Annual Group Home Inspection Food Handler Class Sub-division Plat Approval

Animal Control/Quarantine Animal ControlNiclous Animal Food Manager Re-certification w/Multiple Test Sites

$2/per authorized child $75/plus $10 per day $200 $125/Licensed $150/Unlicensed $50 $15/per person $200/Residential $150/Commercial $7/per day $12/per day $50fTest

Revised May/20 13

21

January, 2012 thru December, 2012

Municipality Tuberculosis

Addison 153 Balch Springs 325

Carrollton 1071 Cedar Hill 726

Cockrell Hill 123 Coppell 222

Dallas 40122 Desoto 784

Duncanville 420 Farmers Branch 247

Garland 3909 Glenn Heights 111 Grand Prairie 1526

Highland Park 0 Hutchins 31

Irving 4073 Lancaster 776 Mesquite 2176

Richardson 1248 Rowlett 548 Sachse 65

Seagoville 460 Sunnyvale 9

University Park 2 Wilmer 177

Out of County 1118

Total 60422 July 22, 2013

Sexually Transmitted

Disease

37 182 267 285

0 35

12605 411 269

61 812

56 466

1 44

1049 449 789 133 22 13 52 5 0

32 2173

20248

Laboratory

179 1049 1980

347 32 86

64822 599 831 678

7108 126

2957 0

165 6612

868 3239 1107 359

86 511

1 1

203 164190

258136

EXHIBIT B

Communicable Disease

283 165 437 267

35 250

38089 502 321 218 592 190 855 40 73

1423 299

1117 459 102 39

106 55 10 15

7522

53464

DALLAS COUNTY HEALTH & HUMAN SERVICES EXHIBITC

FY'14

Sexually Tuberculosis Transmitted Laboratory Communicable FY'14

Municipality Disease Disease Contract Total

Addison 3,844 2,989 1,244 2,773 2,500 Balch Springs 8,166 14,704 7,293 1,617 9,377 Carrollton 26,910 21,571 13,765 4,282 23,823 Cedar Hill 18,241 23,025 2,412 2,616 2,498 Cockrell Hill 3,090 0 222 343 2,301 Coppell 5,578 2,828 598 2,450 3,131 Dallas 1,008,097 1,018,339 450,649 373,251 1,754,252 Desoto 19,699 33,204 4,164 4,919 17,620 Duncanville 10,553 21,732 5,777 3,146 11,273 Farmers Branch 6,206 4,928 4,714 2,136 6,856 Garland 98,217 65,600 49,416 5,801 80,156 Glenn Heights 2,789 4,524 876 1,862 574 "-' Grand Prairie 38,342 37,647 20,557 8,379 38,854 "-'

Highland Park 0 81 0 392 132 Hutchins 779 3,555 1,147 715 3,149 Irving 102,337 84,747 45,967 13,945 81,906 Lancaster 19,498 36,274 6,034 2,930 12,106 Mesquite 54,674 63,742 22,518 10,946 31,608 Richardson 31,357 10,745 7,696 4,498 23,756 Rowlett 13,769 1,777 2,496 1,000 4,925 Sachse 1,633 1,050 598 382 362 Seagoville 11,558 4,201 3,553 1,039 6,440 Sunnyvale 226 404 7 539 99 University Park 50 0 7 98 48 Wilmer 4,447 2,585 1,411 147 2,597 Out of County 28,091 175,553 1,141,466 73,711 77,142

$1,518,150 $1,635,806 $1,794,588 $523,918 $2,197,485

July 22,2013

MUNICIPALITIES

ADDISON

BALCH SPRINGS

CARROLLTON

CEDAR HILL

COCKRELL HILL

COPPELL

* DALLAS

* DESOTO

* DUNCANVILLE

FARMERS BRANCH

* GARLAND

GLENN HEIGHTS

GRAND PRAIRIE

HIGHLAND PARK

HUTCHINS

IRVING

LANCASTER

* MESQUITE

* RICHARDSON

* ROWLETT

SACHSE

* SEAGOVILLE

SUNNYVALE

UNIVERSITY PARK

* WILMER

* UNINCORPORATED

TOTAL

*NON-CONTRACTING CITIES July 22, 2013

23

EXHIBIT D

FY'14 CONTRACT COSTS

CONTRACT COST

$2,500

$9,377

$23,823

$2,498

$2,301

$3,131

$1,754,252

$17,620

$11,273

$6,856

$80,156

$574

$38,854

$132

$3,149

$81,906

$12,106

$31,608

$23,756

$4,925

$362

$6,440

$99

$48

$2,597

$77,142

$2,197,485

DALLAS COUNTY 24

HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary S. Thompson DIRECTOR

TO:

FROM:

OATE:

SUBJECT:

Commissioners Court [) ,l /JI\/ Zachary S. Thompson, Director of Health and Human Services V,'(;IIV~ O·

September 3, 2013

JUSTIFICATION FOR SAME DAY BRIEFING AND COURT ORDER

The Dallas Area Agency on Aging has notified Health and Human Services of the availability of the continuation grant application for Senior Center Operations, Congregate Meals and Transportation Services. We are needing to submit a same day briefing and court order to meet the submission deadline.

Attachments c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor Dianne Rucker, Assistant Director

25 DALLAS COUNTY HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary S. Thompson DIRECTOR

September 3, 2013

TO: Commissioners Court

FROM: Zachary S. Thompson, Oirector of Health and Human Services

SUBJECT: OALLAS COUNTY HEALTH AND HUMAN SERVICES/Older Adult Services Program· FY 2014 Continuation Grant Application

Background The Dallas County Health and Human Services/Older Adult Services Program has received the continuation grant application from the Dallas Area Agency on Aging (DAAA) for Congregate Meals, Senior Center Dperations and Transportation Services for the period of October 1, 2013 through September 30, 2014. The Older Adult Services Program has been a provider of senior center services for 40 consecutive years.

Operational Impact The Older Adult Services Program is proposing to serve approximately 205,400 meals to at least 2,900 unduplicated persons at 15 senior centers and provide approximately 97,500 trips to at least 650 unduplicated persons.

Fiscal Impact The following proposed budgets are for services in FY 2014:

Title III Program Income County Match Total

Senior Center Operations $ 324,000.00 $ $ 273,453.00 $ 597,453.00

Strategic Plan Compliance

Congregate Meals $ 767,621.00 $ 51.269.00 $ 211.870.00 $1,030.160.00

Transportation $ 251.986.00 $ 54,696.00 $ 112,999.00 $ 419,681.00

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community and is included under the strategy to promote healthy living and wellness programs across Dallas County.

Recommendation It is recommended that the Commissioners Court approve the submission of the application to the Dallas Area Agency on Aging for FY 2014 funding and that the County Judge be authorized to sign the application and all related documents on behalf of Dallas County.

Recommended by:: __ ~.t~<:t.'~"~<:::--:..J~~~~=J.h<~==----_ Zachary S. Thompson

Director of Health and Human Services


26 "Attachment A"

2014 PROPOSAL COVER SHEET DALLAS AREA AGENCY ON AGING

COMMUNITY PROGRAMS ON AGING UNDER TITLE III OF THE OLDER AMERICANS ACT

SERVICE YOU PROPOSE TO PROVIDE': DATE SUBMITTED:

TRANSPORTATION 08/28/2013 SUBMITTING AGENCY NAME & ADDRESS: TYPE OF ORGANIZATION: Dallas County Department of Health & Human Services Older Adult Services Program 2S PUBLIC AGENCY 2377 N. Stemmons Frwy., Suite 200, LB16 -- PRIVATE NON-PROFIT AGENCY Dallas, Tx 75207-2710 -- PRIVATE FOR PROFIT AGENCY

DESCRIPTIVE PROJECT NAME & ADDRESS: Older Adult Services Program 2377 N. Stemmons Frwy., Suite 200, LB16 Dallas, Tx 75207-2710 NAME, TITLE, E-MAIL, AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION:

Dianne Rucker, Assistant Director, drucker(ci)dallascounty.org, 214-819-1862.

TYPE OF APPLICATION: COMPUTATION OF FUNDS BUDGETED

CONTINUATION YEAR -X. ORIGINAL TITLE III $ 251,986.00 REVISION --

LOCAL CASH $ 112,999.00

PROPOSED PROJECT PERIOD IN-KIND $

October 1, 2013 to September 30, 2014 PROGRAM INCOME $ 54,696.00

TOTAL BUDGET $419.681.00 NUMBER OF YEARS AGENCY HAS RECEIVED TITLE

III FUNDS FOR PROPOSED PROJECT 40 NOTE: TOTAL MATCH (LOCAL CASH + IN-KIND) MUST BE AT LEAST 10% OF TOTAL BUDGET AMOUNT; AT LEAST 25% OF TOTAL FOR CAREGIVER SERVICES.

TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS PROPOSAL IS TRUE AND CORRECT THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE SUBSEQUENT CONTRACT AND ITS ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.

TYPED NAME OF AUTHORIZED REPRESENTATIVE TITLE TELEPHONE NUMBER

Clay Lewis Jenkins Dallas County 214-653-7949 Judge

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNED

09/03/2013

'A separate cover sheet must be completed for each proposed service.

27 "Attachment A"

2014 PROPOSAL COVER SHEET DALLAS AREA AGENCY ON AGING

COMMUNITY PROGRAMS ON AGING UNDER TITLE III OF THE OLDER AMERICANS ACT

SERVICE YOU PROPOSE TO PROVIDE-: DATE SUBMITTED:

SENIOR CENTER OPERATIONS 08/28/2013 SUBMITTING AGENCY NAME & ADDRESS: TYPE OF ORGANIZATION: Dallas County Department of Health & Human Services Older Adult Services Program ~ PUBLIC AGENCY 2377 N. Stemmons Frwy., Suite 200, LB16 -- PRIVATE NON-PROFIT AGENCY Dallas, Tx 75207-2710 -- PRIVATE FOR PROFIT AGENCY


Dianne Rucker, Assistant Director, drucker<Wdaliascount~.org, 214-819-1862.


CONTINUATION YEAR --X ORIGINAL TITLE III $ 324,000.00 REVISION --

LOCAL CASH $ 273,453.00


October 1, 2013 to September 30, 2014 PROGRAM INCOME $

TOTAL BUDGET $ 597.453.00 NUMBER OF YEARS AGENCY HAS RECEIVED TITLE

III FUNDS FOR PROPOSED PROJECT 40 NOTE: TOTAL MATCH (LOCAL CASH + IN-KIND) MUST BE AT LEAST 10% OF TOTAL BUDGET AMOUNT; AT LEAST 25% OF TOTAL FOR CAREGIVER SERVICES.

TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS PROPOSAL IS TRUE AND CORRECT THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE SUBSEQUENT CONTRACT AND ITS ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.




09/03/2013

-A separate cover sheet must be completed for each proposed service.

28 "Attachment AU

2014 PROPOSAL COVER SHEET DALLAS AREA AGENCY ON AGING COMMUNITY PROGRAMS ON AGING

UNDER TITLE III OF THE OLDER AMERICANS ACT

SERVICE YOU PROPOSE TO PROVIDE': DATE SUBMITTED:

CONGREGATE MEALS 08/28/2013 SUBMITTING AGENCY NAME & ADDRESS: TYPE OF ORGANIZATION: Dallas County Department of Health & Human Services Older Adult Services Program ~ PUBLIC AGENCY 2377 N. Stemmons Frwy., Suite 200, LB16 -- PRIVATE NON-PROFIT AGENCY Dallas, Tx 75207-2710 -- PRIVATE FOR PROFIT AGENCY


Dianne Rucker, Assistant Director, [email protected], 214-819-1862.


CONTINUATION YEAR .......x. ORIGINAL TITLE III $ 767,621.00 REVISION --

LOCAL CASH $ 211,870.00


October 1,2013 to September 30, 2014 PROGRAM INCOME $ 51,269.00

TOTAL BUDGET $ 1 ,030,760.00 NUMBER OF YEARS AGENCY HAS RECEIVED TITLE

III FUNDS FOR PROPOSED PROJECT: 40 NOTE: TOTAL MATCH (LOCAL CASH + IN-KIND) MUST BE AT LEAST 10% OF TOTAL BUDGET AMOUNT; AT LEAST 25% OF TOTAL FOR CAREGIVER SERVICES.

TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS PROPOSAL IS TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE SUBSEQUENT CONTRACT AND ITS ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.




09/03/2013

'A separate cover sheet must be completed for each proposed service.

I I

29

PROGRAM NARRATIVE

Dallas County Older Adult Services Program (OASP) is a division of Dallas County Department of Health and Human Services, a government agency under the authority of Dallas County Commissioners Court. OASP has operated senior centers since 1972. OASP is primarily funded with Title III funds, but is also supplemented by Dallas County general revenue funds which have provided support to the OASP since its inception. The OASP hours of operation is 9:00 a.m. until 1 :30 p,m. Monday through Friday, excluding County holidays.

Funding is being sought for Congregate Meals, Senior Center Operations and the Transportation program.

Congregate Meals

Program participants will be provided a hot or other appropriate meal (lunch) which meets 33 1/3 percent of the Dietary Reference Intakes (DRI) established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences and complies with the most recent Dietary Guidelines for Americans, published by the Secretary of Agriculture, and which is served in a congregate setting. The OASP is responsible for the administration of 15 senior centers at community organizations, churches and municipalities.

The objective of the program is to reduce food insecurity and promote socialization among older individuals. The program will provide standard meals which are derived from a standard menu and served to all of the participants. The program targets individuals that are low income, minority and persons with limited English proficiency.

Nutrition education will be provided at each center at least once per month for not less than 15 minutes. The presenter andlor the content of all programs are developed by a qualified dietary consultant or other approved source. Centers provide an annual plan of proposed nutrition education topics during the year with the assistance of administrative staff and the food service vendor.

OASP has implemented an emergency plan for each center. In the event of disasters or emergencies, centers will be temporarily moved to another senior center that is in close proximity.

To ensure proper operations of the senior centers, adequate training and certifications in accordance with program requirements will be required of all staff. The OASP will provide training to volunteer food handlers. Trainings are also conducted by the food service vendor twice annually. In addition, staff will be certified in Food Protection Management, CPR and First Aid. Documentation of training activities will be maintained by the OASP program staff. OASP will comply with the requirements specified in the Texas Administrative Code.

30

Page 2 - Program Narrative

Senior Center Operations

The Senior Center Operations component offers a variety of activities at senior centers that include arts and crafts, exercise classes, health screenings, trips, dances and a nutritious lunch. These activities, aside from the intrinsic value they offer, serve to support the program by attracting senior citizens who seek a more active lifestyle. The objectives of the program are to: 1) Improve the health of the elderly with the provision of nutritious meals, served in congregate settings, 2) Increase the independent living of older adults by providing education, counseling and information and referral to other social and rehabilitative services, 3) Increase the social well being of older adults by providing opportunities for social interaction and the satisfying use of leisure time, 4) Assure that those elderly most in need can and do participate in program services by providing an extensive and personalized outreach program and transportation service.

The OASP refers participants to other programs within Dallas County Health and Human Services such as the Comprehensive Energy Assistance Program, the Weatherization Assistance Program, the Immunization Program and the Housing Program.

In addition to the available services offered through DCHHS, the OASP collaborates with other agencies within the aging network to link individuals to needed services. The agencies include Mental Health America of Greater Dallas, Social Security Administration, National Council on Aging, Deaf Action Center, Arthritis Foundation, Parkland Geriatrics, Advocacy Center for the Elderly, Retired Senior Volunteer Program, Senior Companion Program and the Dallas Area Agency on Aging Benefits Counseling Program.

Transportation

OASP has been providing transportation services for more than 40 years. OASP will provide transportation services to all eligible participants needing transportation to and from the senior center. Participants will be picked up from their home, taken to the senior center and transported back home after program participation. In addition to transportation to and from the senior centers, field trips are also provided to cultural events, grocery stores, dances, medical visits and social services.

Each senior center has specified boundaries in which to travel to minimize the cost of operating the vehicles and prolong the life of the vehicles. Reservations for transportation services are arranged one day in advance. The vehicles used to transport participants to and from the centers are 15, 18 and 24 passenger vehicles.

2

31

Page 3- Program Narrative

OASP will provide transportation through agreements with transportation providers and through Dallas County. The transportation agreement outlines program requirements needed to ensure compliance with the Texas Administrative Code and departmental policies and procedures. The transportation providers are reimbursed for direct operational costs on a monthly basis.

3

32

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS

Federal Executive Order 12549 requires the Texas Department of Aging and Disability Services (DADS) to screen each covered potential contractor/grantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered subcontractors/providers.

In this certification "contractor/grantee" refers to both contractor/grantee and subcontractorlsubgrantee; i!contract/granfi refers to both contract/grant and subcontract/subgrant.

By signing and submitting this certification the potential contractor/grantee accepts the following terms:

1. The certification herein below is a material representation of fact upon which reliance was placed when this contract/grant was entered into. If it is later determined that the potential contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United States Depmtment of Agriculture or other federal department or agency, or the Texas Department of Aging and Disability Services may pursue available remedies, including suspension and/or debarment.

2. The potential contractor/grantee shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor/grantee learns that the certification was erroneous when submitted or has become elToneous by reason of changed circumstances.

3. The words "covered contract," lldebarred," I1suspended," "ineligible,n nparticipant," "person," "principal,!! llproposal," and II voJuntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment.

4. The potential contractor/grantee agrees by submitting this certification that, should the proposed covered contract/grant be entered into, it shall not knowingly enter into any subcontract with a person who is debmTed, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Aging and Disability Services, as applicable.

r Do you have or do you anticipate having subcontractors/subgrantees under this proposed contract? ..... ~ YES' NO

5. The potential contractor/grantee further agrees by submitting this certification that it wiIl include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts and Grants tl without modification, in all covered subcontracts and in solicitations for all covered subcontracts.

6. A contractor/grantee may rely upon a certification of a potential subcontractor/sub grantee that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract/grant, unless it knows that the certification is erroneous. A contractor/grantee must, at a minimum, obtain certifications from its covered subcontractors/subgrantees upon each subcontract's/subgranfs initiation and upon each renewal.

7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for contracts/grants authorized under paragraph 4 of these terms, if a contractor/grantee in a covered contract/grant knowingly enters into a covered subcontract/subgrant with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United State Department of Agriculture, or other federal depmtment or agency, as applicable, andlor the Texas Department of Aging and Disability Services may pursue available remedies, including suspension and/or debannent.

33

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS

Indicate which statement applies to the covered potential contractor/grantee:

X The potential contractor/grantee certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/grant by any federal department or agency or by the State of Texas.

The must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to this certification. potential contractor/grantee is unable to certify to one or more of the terms in this certification. In this instance, the potential contractor/grantee

Dallas County Department of Health & Human Services 75-6000905 Older Adult Services Program

NAME o[POTENTIAL CONTRACTOR VENDOR ID NO.lFEDERAL EMPLOYER ID NO.

CLAY LEWIS JENKINS 09-03-2013 COUNTY JUDGE

SIGNATURE - AUTHORIZED RESPRESENTATIVE DATE PRINTED/TYPED NAME AND TITLE - AUTHORIZED REPRESENTATIVE

THIS CERTIFICATION IS FOR FFY 2014, PERIOD BEGINNING October 1,2013 and ENDING September 30, 2014.

INSTRUCTIONS FOR CERTIFICA TION

1. By signing and submitting this proposal, the prospective contractor/grantee is providing the certification set out below.

2. The inability of a contractor/grantee to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor/grantee shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor/grantee to furnish a certification or an explanation shall disqualify such contractor/grantee from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor/grantee lmowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govenunent, the department or agency may terminate this transaction for cause or default.

4. The prospective contractor/grantee shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor/grantee learns that its certifIcation was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

34

6. The prospective contractor/grantee agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded fyom participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective contractor/grantee further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it lmows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction lmowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Goverrunent, the department or agency may terminate this transaction for cause or default.

Date:

To:

From:

Subject:

35

DALLAS COUNTY ELECTIONS DElPAR TMENT TOJ\lJ PIPPINS-POOLE, ADMINISTRATOR

August 28, 2013

Commissioners Court

Toni Pippins-Poole, CERA, CCPA, Elections Administrator

Rationale for Same Date Briefing and Court Order

The Elections Department is requesting the following item to be placed on same date

briefing and court order so as to not affect the Dallas County Elections Department's

(DCED) ability to plan and implement the National Voter Registration Day 2013 event

set to take place on September 24,2013. As part oftrus important event, the DCED will

have to contact and supply materials to approximately 166 schools, 15 colleges and 8

government centers. Already, DCED has expended considerable time and hmnan capital

to meticulously and carefully plan and develop NVRD 2013 so that it can be presented to

this Court; and, due to the closeness of time of the planned activities, a timely approval

is essential. Delay of the Court's approval will jeopardize or prevent Dallas County's

ability to provide an exceptional opportunity to register potential voters of Dallas County.

Recommended for Approval By:

~(f?' -R1?&4 Toni Pippjns-~tions Administrator

2377 N. STEMMONS FREEWAY. SUITE 820 DALLAS. TEXAS 75207

36

DALLAS COUNTY ELECTIONS DEPARTMENT

September 3,2013

To: Commissioners Court

From: Toni Pippins-Poole, CERA, CCPA, Elections Administrator

Subject: National Voter Registration Day Event Programming

BACKGROUND

National Voter Registration Day (NVRD) is an annual nationwide event, the sole purpose of which is to facilitate the increase in registered voters. Dallas County Elections Department (DCED) does not intend to formally partner with this organization, but instead will execute programming and events on NVRD, September 24, 2013 designed to facilitate tbe increase voter registration in Dallas County.

On September 24, 2013, DCED would like to provide county-wide opportunities for its citizens to become aware of and follow through with becoming registered voters, and educating them on Texas' new Voter ID legislation. Increased Voter Registration and Voter ID initiatives are both supported by our State and Federal leadership, laws and statutes (Help America Vote Act of 2002 and Chapter 19). DCED will enlist the aid of community-based volunteers, celebrities, and organizations from all over Dallas County in a county-wide effort to reach out to our citizens on September 24, 2013, National Voter Registration Day. DCED staff will work hard to provide logistics, supply, and training support to the volunteers. This single day of coordinated field, technology and media efforts will create pervasive awal'eness of voter registration opportunities--allowing DCED to reach thousands of voters who we could not reach otherwise.

NVRD 2013 efforts will focus on several concurrent strategies (to the extent resources allow):

1. Student and Campus-Based Registration:

On NVRD deploy teams of 1-2 Deputy Voter Registrars to participating campuses to assist students, school staff/administration, and citizens in registering to vote. Even though this effort takes place on campuses, the purpose will be to register any citizen of any age that is allowed on that campus. Prior to September 24, we will be enlisting school staff and administrators, as well as community volunteers to operate the student venues. Training and talking points will be provided to all volunteers so as to maximize the number of persons registered, and the amount of information provided. Within Dallas County, there are:

• 166 Public, Charter and Private High Schools • 15 Colleges/Universities • Dallas County Government Centers

2377 N. STEMMONS FRWY .. STE. 820. DALLAS. TX 75207 • P: 12141 819-6300. F; 12141 819-6301

37

The logistics and cost of Student and Campus-Based Voter Registration component are set forth below.

2. Deputy Voter Registrar Presence at Dallas Couuty Goverument Center:

Volunteer Deputy Voter Registrars and Election Department employees would concurrently staff Dallas County Goverrnnent Centers, being available to assist residents if they need to register to vote; update voter information; and/or provide information regarding voting related legislation. There are eight (8) County Goverrnnent Centers that could serve as venues. The logistics and cost of providing materials for this effort are built into the funding of the overall NVRD effort set forth herein.

3. Voter ID Educational Component:

Infonnation regarding Texas' new Voter ID legislation and voter registration generally will be provided at all NVRD-participating venues. The logistics and cost of providing materials for tbis effort are built into the funding of the overall NVRD effort set forth herein.

GOALS:

For 2012 NVRD, of the 78 public schools were contacted, 71 (91%) chose to participate. If the 71 participating public schools, 58 returned results of 1,275 respondents that registered to vote or updated their voter information. The Dallas County Community College District returned results from 877 respondents, making the total number of respondents 2,152 new and updated voters in Dallas County. By combining charter schools, private schools, colleges, universities, and Dallas County Government Centers, our goal for NVRD 2013 is to maintain 91% rate of participation, and to facilitate the registration or information update of at least five (5) thousand people to vote in Dallas County. This effort will also help to correct the voter registration records of many Dallas County registered voters.

SCHEDULE

Subject to approval, it is recommended that the program and logistical planning, purchasing, and implementation of these initiatives begin as soon as possible, so as to maximize results on September 24, 2013. The Proposed List of Locations for NVRD is attached hereto as "Exhibit I".

LEGAL

The aforementioned voter registration and educational initiatives involve use of volunteers from various community-based sources. From a liability perspective, we have confirmed that a waiver of liability signed by Volunteer Deputy Registrars (VDR) would suffice to protect the County from liability. VDRs and other involved parties/entities will also be informed that the events and programming will be nonpartisan, and non-political in nature; that this is an effort to increase the number of registered voters in Dallas County. Any reference to "training" of our VDRs is generally limited to providing them with prepared, non-partisan, non-political information packets to distribute.

2377 N. STEMMONS FRWY" STE. 820. DALLAS. TX 75207 • P: 12141 819-6300. F: 12141 819-6301 2

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FINANCIAL IMPACT

The total estimated cost for NVRD 2013 is $6,000.00. The costs incurred for this project consist of printing expense for brochure/information sheets, and supply expense for pens. Funds

The Elections Department will fund this project through its Chapter 19 (91295), and Elections Operational (1210) Accounts.


Approval of the above listed election enhancements are in compliance with the County's Strategic Plan, Vision 1, Strategy 1.4 "because proficiencies in processes and customer focused systems will allow the county to better serve its taxpayers/voters/citizens.

RECOMMENDATION

It is recommended that the Dallas County Commissioners' Court approve the above listed NVRD 2013 initiatives to increase voter registration opportunities within Dallas County.

Recommended for Approval By:

2:377 N. STEMMONS FR WY .. STE. 820. DALLAS. TX.75207 • P: (214) 819~6300. F: 12141 819-6301 3

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Lakehill Preparatory Skyline

Ufe School: Oak Cliff Smith, A. Maceo

Master's Academy South Garland High School

Maya Angelou High South Grand Prairie High School

Memorial Pathway Academy South Oak Cliff

Mesorah High Spruce, H. Grady

Newfound School Sunnyvale High School

North Dallas Adventist Academy Sunset

Oak Hill Academy Townview

Ovilla Christian Washington, Booker T

Parish Episcopal White, W. T.

Pegasus Charter Wi!mer~Hutchins

Prince of Peace Christian Wilson, Woodrow

Rockwall Christian Academy

Shelton School

St. Marks

Stone Gate Christian

Texas Torah Institute

The Alexander School

The Canterbury Episcopal

The Fairhill School

The Southern Baptist Academy Online Schoo!

The St. Anthony School

The WestWood School

Trinity Christian Academy

Trinity Christian School

Turning Point Christian Academy

Tyler Street Christian Academy

Universal Academy

Universal Academy: Coppell

Uplift Education: Hampton

Uplift Education: North Hills

Uplift Education: Peak

Uplift Education: Williams

Ursunne Academy

Vanguard Preparatory

Winfree Academy: Grand Prairie

Winfree Academy: Irving

Winfree Academy: Richardson

Winston School

Yavneh Academy

41

DALLAS COUNTY SHERIFF'S DEPARTMENT 13 AUG 28 Arl 8: 29

Date August 23, 2013

To Darryl Martin, County Administrator

From M. Suell. Chief Deputy, General Services

Subject 1 year Comprehensive STEP Traffic Safety Grant

BACKGROUND:

The Sheriff's Department has had a traffic safety grant since 1994. The FY2014 Comprehensive STEP Traffic Safety Grant provides for OWl enforcement on selected sites in Dallas County that have a high incident of alcohol related crashes and injuries, and speeding and occupant protection enforcement. During this grant period we will be adding a new element to our enforcement efforts. We will now be able to conduct enforcement in the area of intersection traffic control. The grant allows DWI enforcement to be conducted from 10:00pm to 4:00 am, Thursday night through Sunday morning and during holiday periods such as Memorial Day, July 4th, Labor Day, and New Year's Eve; Occupant protection enforcement during daylight hours any day of the week; intersection traffic control and speed enforcement at selected sites in Dallas County 24 hours a day, seven days a week.

The National Highway Traffic Safety Administration (NHTSA) has provided enforcement money to TxDOT for enforcement in an effort to impact the impaired driver, non usage of occupant protection, intersection traffic control and the speeding drivers in Texas. The Dallas TxDOT District has asked the Sheriff's Department to accept enforcement money for the period of October 1,2013 - September 30,2014.

FINANCIAL:

For the 1 year period, the Grant provides $242,108.00 for overtime for enforcement and administrative hours, with a county match of $173,228.80 in FY2014. The county match will be met through fringe benefits calculated at 20.45%, vehicle operational costs calculated at $.49 per mile and indirect costs calculated at 35.44%.

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OPERATIONAL IMPACT:

Existing vehicles and equipment will be used to conduct enforcement during the time period.

RECOMMENDATION:

It is recommended that the Court accept the Comprehensive STEP Grant for the period of October 1, 2013 - September 30, 2014

M. Suell Chief Deputy General Services Dallas County Sheriff's Dept.

43

Texas Traffic Safety eGrants

Fiscal Year 2014

Organization Name: Dallas County Sheriffs Department

Legal Name: DALLAS COUNTY

Payee Identification Number: 17560009056084

Project Title: STEP Comprehensive

ID: 2014-DaliasCO-S-1 YG-0032

Period: 10101/2013 to 09/30/2014

Dallas County Sheriffs Department STEP

44

TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

THE STATE OF TEXAS

THE COUNTY OF TRAVIS

THIS AGREEMENT IS MADE BY and between the State ofTexas, acting by and through the Texas Department of Transportation, here'rnafter called the Department and the, DALLAS COUNTY hereinafter called the Subgrantee, and becomes effective then fully executed by both parties, For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government.

AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2014,

Name of the Federal Agency: National Highway Traffic Safety Administration

Contract Number: 584EGF5166

CFDA Number: 20.600

CFDA Title: State and Community Highway Safety Grant Program

Funding Source: Section 402

DUNS: 180580961

Project Title: STEP Comprehensive

This project is Not Research and Development

Grant Period: This Grant becomes effective on 10/01/2013 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2014 unless terminated or otherwise modified.

Total Awarded: $415,336.80 Amount Eligible for Reimbursement by the Department $242,108.00 Match Amount provided by the Subgrantee: $173,228.80

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Dallas County Sheriffs Department

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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization.

THE SUBGRANTEE

DALLAS COUNTY [Legal Name of Agency]

By:

[Authorized Signature]

[Name]

[Title]

Date: ___________ _

Under the authority of Ordinance or Resolution Number (for local government) (If Applicable)

[Resolution Number]

THE STATE OF TEXAS

Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission

By:

[District Engineer Texas Department of Transportation]

[Name]

[Title]

Date: ___________ _

By:

Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.00)

Date: __________ _



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Texas Traffic Safety Program

GRANT AGREEMENT GENERAL TERMS AND CONDITIONS

ARTICLE 1. COMPLIANCE WITH LAWS

The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance.

ARTICLE 2. STANDARD ASSURANCES

The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR Part 18; 49 CFR Part 19 (OMB [Office of Management and Budget] Circular A-11 0); 49 CFR Part 225 (OMB Circular A-87); OMS Circular A-l02; OMS Circular A-21; OMS Circular A-122; OMB Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that:

A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required.

B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability.

C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department ofTransportation (US DOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs.

D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.)

E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work.

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


Dallas County Sheriff's Department

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47

G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement.

H. It will comply with all requirements imposed by the Department conceming special requirements of law, program requirements, and other administrative requirements.

I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.: the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.: and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, gUidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate.

J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase '~ederal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance.

K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code ofTexas (National Resources Code, Chapter 191).

L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573.062 of the Texas Government Code.

M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law.

N. If applicable, it will comply with Chapter 551 of the Texas Governrnent Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.



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ARTICLE 3. COMPENSATION

48

A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method.

B. All payments will be made in accordance with the Project Budget.

1. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget.

2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun.

3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement.

4. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this agreement.

5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Sub§rantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or III.

C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department.

D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use offederal or TxDOT funds to support personnel or an activity already supported by local or state funds.

E. Payment of costs incurred under this agreement is further governed by one of the following

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cost principles, as appropriate, outlined in:

49

1. OMS Circular A-21, Cost Principles for Educational Institutions;

2. 49 CFR Part 225 (OMS Circular A-8?), Cost Principles for State, Local, and Indian Tribal Govemments; or,

3. OMS Circular A-122, Cost Principles for Nonprofit Organizations.

F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (3~) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants.

G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty-five (45) days of the end of the grant period.

H. Payments are contingent upon the availability of appropriated funds.

Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department.

ARTICLE 4. LIMITATION OF LIABILITY

Payment of costs incurred under this agreement is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal fiscal year, the Department determ'rnes that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement.

ARTICLE 5. AMENDMENTS

This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement.

ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK

A. If the Subgrantee is ofthe opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed.

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B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and d'lrected by the Department. This will be considered as additional work and will be paid for as specified in this Article.

C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work.

D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work.

E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment.

ARTICLE 7. REPORTING AND MONITORING

A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly.

B. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs.

C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including:

1. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation.

2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected.

D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant.



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ARTICLE 8. RECORDS

51

The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this agreement (called the "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last.

Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records, This right of access is not limited to the four (4) year period but shall last as long as the Records are retained,

ARTICLE 9. INDEMNIFICATION

A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees, The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgranlee, its agents, or employees,

B, To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee,

C, If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents,

ARTICLE 10. DISPUTES AND REMEDIES

This agreement supercedes any prior oral or written agreements, If a conflict arises between this agreement and the TraffiC Safety Program Manual, this agreement shall govern, The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, WITh the Executive Director or his or her designee acting as final referee,

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ARTICLE 11. TERMINATION

52

A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless:

1. This agreement is terminated in writing with the mutual consent of both parties; or

2. There is a written thirty (30) day notice by either party; or

3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately.

B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination.

ARTICLE 12. INSPECTION OF WORK

A. The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed.

B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work.

ARTICLE 13. AUDIT

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audIT.

ARTICLE 14. SUBCONTRACTS

A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement.



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ARTICLE 15. GRATUITIES

53

A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director.

B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement.

ARTICLE 16. NONCOLLUSION

The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift.

ARTICLE 17. CONFLICT OF INTEREST

The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests.

ARTICLE 18. SU8GRANTEE'S RESOURCES

A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department

B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project

C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work.

ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT

The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's



STEP

54

procurement and property management standards and (2) the federal procurement and property management standards provided by:

A. 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or

B. 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations. "

ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use.

A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium.

B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership.

C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes.

ARTICLE 21. SUCCESSORS AND ASSIGNS

The Department and the Subgrantee each binds itself, its successors, execu1ors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants.

ARTICLE 22. CIVIL RIGHTS COMPLIANCE

A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the US DOT: 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 50-74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11245, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department ofLabor regulations (41 CFR, Part 50).

B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of



55

this agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

C. Solicitations for subcontracts, including procurement of materials and equipment In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability.

D. Information and reports: The Subgrantee shall provide all information andreports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to fumish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information.

E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate.

F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States.

ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26.

B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program.

C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE gUidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions.

D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas



STEP

56

Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http'//txdotgoy/bIJsjness/bIJsines$ o!!treach/mQt! htm.

E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.).

F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a SUb-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable reqUirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach ofthis agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.

ARTICLE 24. DEBARMENT AND SUSPENSION

A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within the three (3) year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a cr'lminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local govemmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and

4. Have not, within the three (3) year period preceding this agreement, had one or more federal, state, or local public transactions terminated for cause or default.

B. Where the Subgrantee is unable to certify to any of the statements in this Article, the Subgrantee shall attach an explanation to this agreement.

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STEP

57

C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Subgrantee certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549.

D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification.

ARTICLE 25. LOBBYING CERTIFICATION

In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief that:

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

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

C. The Subgrantee shall require that the language of this certification be included in the award documents for all sub-awards at a!! tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

ARTICLE 26. CHILD SUPPORT CERTIFICATION

Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement



STEP

58

or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court-supervised effort to improve earnings and child support payments.

ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS

A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: bttp'Uedocket access gpo goy!201 O/pdV201 0-22705 pdf and http://edocket access.gpo gov/2D1 O/pdfl201 0-

22706 pdf.

B. The Subgrantee agrees that it shall:

1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: https!/www.bpo goy/ccr/default aspx;

2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgovdnb.com/webform; and

3. Report the total compensation and names of its top five (5) executives to the State if:

i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and

ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission.

ARTICLE 2B. SINGLE AUDIT REPORT

A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133.

B. If threshold expenditures of $500,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http'//wyJWtxdot.gQv/cootact us/audit htm,

C. If expenditures are less than $500,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY "

D. For each year the project remains open for federal funding expenditures, the Subgrantee



59

will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year.

ARTICLE 29. BUY AMERICA ACT

The Subgrantee will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements:

Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic nems must be in the form of a waiver request submitted to and approved by the Secretary ofTransportation.

ARTICLE 30. RESTRICTION ON STATE LOBBYING

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.



STEP

60

RESPONSIBILITIES OF THE SUBGRANTEE

A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement.

B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR).

C. Attend Department-approved grant management training.

D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department.

E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget.

F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures.

G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries.

H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project.

I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds.

J. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage),



STEP

61

hours worked, type of citation issued or arrest made, officer and supervisor signatures.

K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs.

L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked.

M. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest.

N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment.

O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356.

P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices.

Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year.

R. Officers working OWl enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working OWl enforcement must be SFST trained.

S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (OREs) when necessary.

T. The Subgrantee is encouraged to use the OWl On-line Reporting System available through the Buckle Up Texas Web site at www bucklellptexas com.

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62

RESPONSIBILITIES OF THE DEPARTMENT

A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to:

1. review of periodic reports

2. physical inspection of project records and supporting documentation

3. telephone conversations

4. e-mails and letters

5. quarterly review meetings

6. eGrants

B. Provide program management and technical assistance.

C. Attend appropriate meetings.

D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget.

E. Perform an administrative review of the project at the close of the grant period to:

1. Ascertain whether or not the project objectives were met

2. Review project accomplishments (performance measures completed, targets achieved)

3. Document any progress towards self-sufficiency

4. Account for any approved Program Income earned and expended

5. Identify exemplary performance or best practices


63


STEP

X OWl

X Speed

OWl

Speed

OP

Program Element Selection

STEP Year Long

OWl: Oriving While Intoxicated

Speed: Speed Enforcement

OP: Occupant Protection (Safety Belt and Child Safety Seat)

ITC: Intersection Traffic Control

STEP WAVE

Jurisdiction wide (OWl enforcement effort must be focused at locations where there is an over-representation of alcohol-related crashes and/or OWl arrests)

Jurisdiction wide (Speed enforcement should be focused on areas where there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes)

Jurisdiction wide

STEPCMV

~~e~d, OP and CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations

2014-0allasCO-S-1 YG-0032 Printed On: 8/22/2013 Page 20 of 30

64


Goal:

Goals and Strategies

To increase effective enforcement and adjudication of traffic safety-related laws to reduce crashes, fatalities, and injuries.

Strategy: Increase and sustain high visibility enforcement of traffic safety-related laws.

Strategy: Increase public education and information campaigns regarding enforcement activities.

Goal: To reduce the number of alcohol impaired and driving under the influence of alcohol and other drug-related crashes, injuries, and fatalities.

Strategy: Increase and sustain high visibility enforcement of OWl laws.

Goal: To increase occupant restraint use in all passenger vehicles and trucks.

Strategy: Increase and sustain high visibility enforcement of occupant protection laws.

Goal: To reduce the number of speed-related crashes, injuries, and fatalities.

Strategy: Increase and sustain high visibility enforcement of speed-related laws.

Goal:

Strategy:

To reduce intersection-related motor vehicle crashes, injuries, and fatalities.

Increase and sustain high visibility enforcement of Intersection Traffic Control (ITC) laws.

Ix I agree to the above goals and strategies.



STEP

65

Baseline Information

Baseline Year (12 months)

Baseline Measure

Number of Driving While Intoxicated (OWl) arrests

Number of speed citations

Number of safety belt citations

Number of child safety seat citations

Number of Intersection Traffic Control (fTC) citations

From 10/1/2011 to 9/30/2012

Baseline Number

238

14734 1017 422

3

Baseline Number

20.38 %

93 %

MonthNear of Survey

Percentage of speed compliance

Percentage of safety belt usage

2014-DaliasCO-S-1 YG-0032 Printed On: 8/22/2013

10/2012 12/2012

Page 22 of 30


STEP

66

Law Enforcement Objective/Performance Measure

Objective/Performance Measure

1. Number and type citations/arrests to be issued under STEP

a. Increase DWI arrests by

b. Increase Speed citations by

c. I ncrease Safety Belt citations by

d. Increase Child Safety Belt citations by

e. Increase ITC citations by

2. Proposed total number of traffic-related crashes

a. Reduce the number of Alcohol-related crashes to

b. Reduce the number of Speed-related crashes to

c. Reduce the number of lTC-related crashes to

3. Increase speed compliance

a. Increase the Speed compliance rate to

4. Increase safety belt usage

a. Increase the Safety Belt usage rate among drivers and front seat passengers to

5. Number of Enforcement Hours

Target Number

180

9600 1200 120 960

60 150

50

30%

94%

5500

Note: Nothing in this agreement shall be interpreted as a requirement, formal or infomlal, dlat a peace officer issue a specified or predetermined number of citations in pursuance ofthe Sub grantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting.



67

PI&E Objective Performance/Measure

Object/Performance Measure

Support Grant efforts with a public information and education (PI&E) program

a. Conduct presentations

b. Conduct media exposures (e.g. news conferences, news releases, and interviews) c. Conduct community events (e.g. health fairs, booths)

d. Produce the following number of public information and education materials

e. Number of public information and education materials distributed

2014-DallasCO-S-1 YG-0032 Printed On: 8/22/2013

Target Number

6

6

4

o 2500

Page 24 of 30


68

Operational Plan

Page Title: ITC

Site Number

1. TC

2. TC

3. TC

4.TC

5. TC

6. TC

7. TC

~ (Speed. CP,ITC)

ITC

ITC

ITC

ITC

ITC

ITC

ITC

Site Description (include Miles Per

Hour)

IH30 @ BUCKNER BLVD.

IH30 @ COCKRELL HILL RD.

IH30@SYLVANRD.

IH30@ JIM MILLER RD

IH35@CADIZ

IH35 @ ILLINOIS AVE

IH35@ CONTINENTAL

BLVD

Survey Results (Compliance Percentage)

%

%

%

%

%

%

%

2014-DaliasCO-S-1 YG-0032 Printed On: 812212013

Enforcement Period (Days & Times)

24 HOURS A DAY 7 DAYS A WEEK

24 HOURS A DAY 7 DAYS AWEEK






Page 25 of 30


69

Operational Plan

Page Title: ITC - 2

Site Number

1. TC

2. TC

3. TC

4. TC

5. TC

6. TC

7. TC

~ (Speed,OP,

ITC)

ITC

ITC

ITC

ITC

ITC

ITC

ITC

Site Description (include Miles Per

Hour)

IH35 @ MARKET CENTER BLVD

USHWY175@ BUCKNER BLVD

US HWY 175 @ BELT LINE RD

IH20 @ BONNIE VIEW RD

IH20 @ TX HWY 342

IH20 @ HAMPTON RD

IH20 @ POLK ST


%

%

%

%

%

%

%


Enforcement Period

(Days & Times)

Page 26 of 30

70


STEP

Operational Plan

Page Title: SPEED

Site Number

1. 1

2.2

3. 3

4.4

5. 5

6.6

7. 7

lY.J:lg (Speed. OP.ITC)

SPEED

Site Description (include Miles Per Hour)

IH20 TARRANT COUNTY LINE TO KAUFMAN COUNTY LINE; 30

MILES; 65 MPH

US67 ELLIS COUNTY LINE TO SPEED IH35 MERGE; 14 MILES; 60 MPH

SPEED

SPEED

SPEED

SPEED

SPEED

IH35 ELLIS COUNTY LINE IH 635; 25 MILES; 60 MPH

IH45 ELLIS COUNTY LINE TO OVERTON RD.; 10.5 MILES; 60

MPH

US175 KAUFMAN COUNTY LINE TO BEXAR ST.; 16 MILES;

60 MPH

IH635 GARLAND/DALLAS CITY LIMITS TO IH20; 18 MILES; 60

MPH

IH30 GRAND PRAIRIE CITY LIMITS TO ROCKWALL COUNTY

LINE; 27; 60 MPH


4.0 - 19.6%

20%

11.33 - 45%

24.26%

10.0%

11.33%

5.0-18.%


Enforcement Period

(Days & Times)

24 HOURS/DA Y 7 DAYS A WEEK




24 HOURSIDA Y 7 DAYS A WEEK



Page 27 of 30


71

Operational Plan

Page Title: OP AND DWIIDUI

Site Number

1.0P

2. 1

3. 2

4. 3

IYQg (Speed,

OP, ITC)

OP

DWl/DUI

Site Description (include Miles Per Hour)

DALLAS COUNTY WIDE

US75 FROM IH 30 NORTH TO COLLIN COUNTY LINE,

EAST TO ROCKWALL COUNTY LlNE,ROCKWALL COUNTY LINE SOUTH TO

IH30, IH 30 WEST TO US75

IH45 ELLIS COUNTY LINE NORTH TO IH30, IH3a EAST TO ROCKWALL COUNTY

DWl/DUI LINE, SOUTH TO KAUFMAN COUNTY LlNE,SOUTH TO

ELLIS COUNTY LINE WEST TO IH45.

IH45 ELLIS COUNTY LINE NORTH TO IH30, IH30 EAST TO ROCKWALL COUNTY

DWl/DUI LINE, SOUTH TO KAUFMAN COUNTY LlNE,SOUTH TO

ELLIS COUNTY LINE WEST TO IH45

Survey Results

(Compliance Percentage)

93%

%

%

%


Enforcement Period (Days & Times)

7 DAYSIWEEK DURING DAYLIGHT HOURS

THURSDAY THROUGH SUNDAY FROM 1 aPM - 4

AM ... AND ON SELECT OTHER DAYS AS WELL

AS SPECIAL OCCASIONS DURING

APPROPRIATE HOURS

THURSDAY THROUGH SUNDAY FROM 1 aPM - 4



APPROPRIATE HOURS

THURSDAY THROUGH SUNDAY FROM 1OPM-4



APPROPRIATE HOURS

Page 28 of 30

72


5.4 DWl/DUI

6.

7.

US75 FROM COLLIN COUNTY LINE SOUTH TO IH30,WEST TO TARRANT COUNTY LINE, NORTH TO DENTON COUNTY LINE

EAST TO US75 '

%

%

%

2014-DallasCO-S-1 YG-0032 Printed On: 8/22/2013

THURSDAY THROUGH SUNDAY FROM 1 OPM - 4



APPROPRIATE HOURS

Page 29 of 30


73

Budget Summary

Budget Category

ategory - a or 'c I L b C 05tS

: (100) 'Salaries,

i (200) Fringe Benefits:

Sub-Total:

Category II ~ Other Direct Costs

(300) Travel:

(400)

(500) Supplies:

Contractual i (600) Services:

Other (700)

Miscellaneous:

Sub-Total:

Total Direct Costs:

Category III -Indirect Costs

! Indirect Cost (800) R t . i a e.

Summary

Total Labor Costs:

Total Direct Costs:

Total Indirect Costs:

Grand Total

Fund Sources (Percent Share):

TxDOT Match

$242,000.00 $0

$0 $49,489.00

$242,000.00 $49,489.00

$108.00 ! $37,975.00

SO SO

SO $0

i

SO SO

$0 $0

$108,00 $37,975.00

$242,108.00 $87,464.00

$Oi $85,764.80

$242,000.00 i $49,489.00

! $108.00 $37,975.00

$0 $85,764.80

$242,108.00 $173,228.80 i

0 58.29 Yo 0 41.71 Yo

Total

•

$242,000.00 i

$49,489.00

$291,489.00 i

$38,083.00

SO

$0 i

: $0

$0

$38,083.00

$329,572.00

$85,764.80 ,

,

$291,489.00

$38,083.00 , i

$85,764.80 i

$415,336.80

Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants.


DALLAS COUNTY JUVENILE DEPARTMENT

74

Henry Wade Juvenile Justice Center 2600 Lone Star Drive, Box 5 Dallas, Texas

Dr. Terry S. Smith {:n 9d!,\/\,S~tHtljly'Juvenile Services .. ' / ,r "Qlhieff[u~de,Ij'i\isbatIOn OffIcer

75212 J 3 AUG 28 MI 9: 52

Memorandum

Date: September 3, 2013

To: Dallas County Commissioners Court

From: Dr. Terry S. Smith, Director

Subject: FY2014 Dental Service Inter-local Agreement

Background:

A brief and court order was submitted and approved by the Dallas County Juvenile Board on August 26, 2013 to approve the dental service contract. Since 1982, the Dallas County Juvenile Department has contracted with private providers for dental services for residents in the Detention Center, Youth Village, Letot Center, Hill Transition Center, and Medlock Treatment Center. Beginning in FY2001, the Department entered into an Interlocal Agreement with the Texas A&M University System Health Science Center (TAMUSHSq Baylor College of Dentistry for the provision of dental services.

Dallas County and TAMUSCSC have agreed to enter into an amendment to extend the term of the Original Interlocal Agreement, which is set to expire August 31, 2013. This agreement includes language which allows for the renewal for three additional annual terms upon written mutual agreement of both parties. Dallas County has agreed to exercise the third of three amendments to extend the dental contract with TAMUSCSC for the term of September 1, 2013, through August 31,2014.

The purpose of this briefing is to request the Commissioner's Court approval of the renewal of the agreement with (TAMUSHSC) Baylor College of Dentistry for the provision of dental services.

Operational Impact:

Texas A & M University System Health Science Center offers unified source of services, supervision and coordination by a dental science professional and centralized inventory and record keeping. Staff positions provided by Baylor include: (1) a dentist to perform patient screenings/examinations and treatment; (2) a dental hygienist to provide cleanings and patient education and function as program coordinator (overseeing scheduling, charts, statistics, instruments, etc.); and (3) chair side assistant for the dentist. TAMUSHSC students function as care providers on a rotation basis as scheduling and clinic space permit, and always under the direct supervision of TAMUSHSC dental faculty. Dental services are provided between 8:00 a.m. and 5:00 p.m. five days per week, excluding Saturday and Sunday. The dental clinic is closed on all Dallas County official holidays and/or cloSings. During Baylor College of Dentistry's extended Christmas holiday, there will be a dentist available to conduct screenings and provide emergency treatment only.

Strategic Plan Compliance:

This request conforms to the Dallas County Strategic Plan - Vision 2: Dallas County is a healthy community.

To assist referred youth in becoming productive, law abiding citizens, while promoting public safety and victim restoration.

214-698-2200 Office 214-698-5508 Fax

75

FY 2013-2014 Dental Service Inter-local Agreement

Legal Impact:

Page 2

The renewal contract was previously sent to the Assistant District Attorney's Office, Civil Section for approval; and, was approved to form by Abril Aberasturi. The County Judge is required to sign the agreement after approval by Commissioners Court.

Performance Measures:

It is estimated that TAMUSHSC will provide between 300-400 individual screenings/treatment appointments per month.

Financial Impact:

Payment for dental services is amended so that the monthly flat rate of $8,833.33 DCJD reimburses TAMUSHSC for provision of services is increased to $9,666.67 and the total annual reimbursement not-to-exceed amount is increased from $106,000.00 to $116,000.00. Funds for these services are provided through the Texas Juvenile Justice Departments State Aid Grant.

Recommendation:

It is recommended that the Dallas County Commissioners Court authorize the renewal of the Inter-local Agreement to provide dental services between Texas A&M University System Health Science Center on behalf of the Dallas County Juvenile Department, effective for the period September 1,2013, through August 31, 2014.

Recommended by:

Dr. Terry S. Smit ,Director Dallas County Juvenile Department

To assist referred youth in becoming productive, law abiding citizens, while promoting public safety and victim restoration.

214-698-2200 Office 214-698-5508 Fax

To: From: Date: Subject:

76

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

BRIEFING /

/~

Honorable Commissioners Conrt ~ ,)( Honorable John R. Ames, Tax Assessor/Collector:)P September 3, 2013

I HUG 28 !\rl 8: 31

Agreement between the North Texas Tollway Authority and Dallas County for partieipation in the Dallas County Scofflaw Program

BACKGROUND: The North Texas Tollway Authority (NTTA) wishes to contract with the Dallas County Tax Assessor/Collector to refuse to register or re-register certain motor vehicles when the County Tax Assessor-Collector receives information from the Texas Department of Motor Vehicles (the "Department") registration system that the owner ofthe vehicle has been finally determined to be a habitual violator under Subehapter C, Chapter 372, Transportation Code and has failed to pay outstanding tolls and fees to the toll project entity. In addition, the Agreement addresses the circumstances in which the NIT A may list toll violators on the Dallas County Wanted website ("DCW"). This will be the first toll authority to enter into this contract, but will join member participating cities currently in the program. Garland, Dallas, Irving, Rowlett and DeSoto, are already partners in the scofflaw program.

OPERATIONAL IMPACT: At this time, the impact to the Tax Office is undetermined but believed to be manageable. When identifying a "scofflaw" flag on the TxDMV system, the motor vehicle representative in the tax office will give the customer an instruction sheet explaining the steps necessary to resolve their outstanding tolls and fees, along with a map showing directions to the NTTA Offices. NTTA has the potential to provide more scofflaw records than any other participating entity and the Tax Office will monitor the impact to our already busy daily operations to ensure there is no negative impact to the citizens of Dallas County conducting property tax and motor vehicle business in our office.

FINANCIAL IMPACT: No additional staff is needed for the Tax Office at this time. Dallas County will gain revenue in the amount of $5 .24 per vehicle record eligible for flagging as defined by TxDMV. If records are unable to be flagged by TxDMV, they will be listed on Dallas County Wanted for $1 per record.

STRATEGIC PLAN: This recommendation meets the County's Strategic Role #1, Traditional Service Provider - ensures the maintenance and delivelY of programs and serviees for Dallas County stakeholders.

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

RECOMMENDATION: The Dallas County Tax Office recommends that this contract with the NTT A be approved and executed.

Mission Statement

Provide Dallas County Citizens with Excellent Service using Innovative Technology to Ensure Quality Collections.

RecordsBllilding" 500ElmSt" Dallas, TX75202" 214-653-7811

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

77

INTERLOCAL AGREEMENT

This Agreement made and entered into this ~~ day of , 2013, by and between the County of Dallas, hereinafter referred to as "County", with the agreement, consent, and participation of the Dallas County Tax Assessor-Collector, hereinafter referred to as the "County or County Tax Assessor-Collector", and the North Texas Tollway Authority ("NTTA"), a regional tollway authority.

WITNESSETH:

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

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

WHEREAS, Transportation Code §502.0l1, provides that a county tax assessorcollector, may refuse to register or renew the registration of a motor vehicle if it has received written notice from a toll project entity that the owner of the vehicle ("registered owner") has been finally determined to be a habitual violator under Subchapter C, Chapter 372, Transportation Code and has failed to pay outstanding tolls and fees to the toll project entity; and

WHEREAS, NTTA is a toll project entity under Subchapter C; Chapter 372, Transportation Code; and

WHEREAS, Transportation Code §372.111 and §502.011 allow a toll project entity to contract with the County to provide the necessary information to a county for the above determination by the county tax assessor-collector to deny motor vehicle registration or re-registration to certain persons; and

WHEREAS, such a consolidated cffort in the effectuation of Texas Transportation Code, Chapter 372, Subchapter C, are in each party's best interest and tbat of the public and this agreement will increase the effective and efficient functioning of each party; and

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

NTTA Scofflaw Agreement (2013) 1

78

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

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

I. PURPOSE OF AGREEMENT.

The purpose of the Agreement is to state the terms and conditions under which the County Tax Assessor-Collector, pursuant to information provided by NTTA, will refuse to register or re-register certain motor vehicles when the County Tax Assessor-Collector receives information from the Texas Department of Motor Vehiclcs (the "Department") motor vehicle registration system that the owner ofthe vehicle owes NITA tolls and fees. The parties will work together to implement processes and procedures consistent with the terms of the Agreement to effectuate the purposes of this agreement. In addition, the Agreement addresses the circumstances in which the NTTA may list debtors on the Dallas County Wanted website ("DCW").

2. DUTIES OF THE NTTA.

2.1 The NTTA shall provide information to the County sufficient to enable the County Tax Assessor-Collector to identify "flagged" registered vehicle owners to determine which vehicle ownerS have been finally determined to be habitual violators under the Texas Transportation Code Chapter 372, Subchapter C, and have outstanding tolls and fees due to NTTA. In supplying such information to the County, NTTA will adhere to all applicable provisions of Texas Transportation Code §366, §372 and §502 as well as all other applicable laws of the State of Texas while in the performance of its duties and obligations under the Agreement.

2.2 The NTTA shall notify the County Tax Assessor-Collector within the next business day when the amount of tolls and fees regarding a person are paid in full or otherwise addressed to NTTA's satisfaction as determined by the NTTA in its sole discretion.

2.3 The NTT A shall provide necessary notice forms that tolls and fees are cleared for presentation to the County Tax Assessor-Collector pursuant to Section 2.2 above on a form that is acceptable to the County.

2.4 The NTTA shall provide to the County instruction sheets, including a map, in a form acceptable to the County to distribute to flagged motor vehicle owners to explain the procedures necessary to resolve the outstanding tolls and fees in order to obtain a vehicle registration or re-registration.

NTTA Scofflaw Agreement (20 13) 2

79

2.5 The NTTA shall provide a telephone number and the location of an NTTA office where individual inquiries and complaints can be made regarding denial of registration by the County Tax Assessor-Collector due to outstanding NTTA tolls and fees.

2.6 The NTT A shall conduct a publicity campaign to explain when registration and re-registration will be denied and the procedures necessary to obtain valid registration. The publicity campaign shall include posting information on the NTT A website and an information insert in all invoices sent to violators that could be potentially placed on a registration block by the NTTA.

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

2.8 The NTTA must provide the County with the license plate number and lor a Vehicle Identification Number (VIN) of each vehicle the NTTA would like to prohibit motor vehicle registration.

2.9 The NTTA shall provide all records in an electronic format when adding, updating, or deleting records. The County will provide an FTP location and format for these submissions.

2.10 The NTTA has the sole discretion to provide the County with a vehicle record to prohibit motor vehicle registration. However, the NTTA shall only include those vehicle records that have been finally determined to be a habitual violator under Transportation Code Chapter 372, Subchapter C and has failed to pay outstanding tolls and fees to the toll project entity.

3. DUTIES OF THE COUNTY

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

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

3.1.2 Transmit vehicle records received from the NTT A to the Department to determine if vehicle records are eligible for f1agging according to the ILA between the County and the Department.

3.1.3 Review the Department motor vehicle registration system for traffic violation f1ags for all individuals who attempt to register any vehicle without the three-part renewal form issued by the State of Texas.


80

3.1.4 Refuse to register or re-register all motor vehicles which are flagged in the Department of motor vehicle registration system as being owned by registered owners determined to be habitual violators with outstanding tolls and fees due to NTT A.

3.1.5 Distribute the instruction sheet, including map, to flagged motor vehicle owners that will explain the steps necessary to resolve their outstanding NTTA tolls and fees and obtain vehicle registration.

3.1.6 Distribute an instruction sheet provided by the NTTA containing a telephone number and office address to individuals who want to complain or make inquiries about registration denial.

3.2 The County Tax Assessor-Collector, and his subcontractors, shall register or re-register a motor vehicle upon receipt of notice from the NTTA that the motor vehicle owner's tolls and fees have been cleared pursuant to Section 2.2 above.

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

4. CONSIDERATION AND PAYMENT.

The NTTA shall pay to County the amount of one dollar ($1.00) per vehicle record submitted for scofflaw consideration. The $1.00 will be for the purposes of managing the record while it is being submitted for scofflaw consideration to the Department. In addition, this $1.00 will ensure that the record is included on the Dallas County Wanted website. The NTTA shall pay to County the amount of four dollars and twenty four cents ($4.24) for each record that qualifies for scofflaw block, as determined by the department. All payments shall be made by Automated Clearing House (ACH) payable to "Dallas County".

The County Tax Assessor-Collector shall present NTTA with a monthly invoice within 25 days of the end of each month during the term of this Agreement. The invoice shall contain the number of records submitted and the number of records flagged as determined by the department. The invoice amount shall be determined by the costs set forth above. The NTTA shall pay the amount owed to the County within 30 days of receipt of the invoice.

NTTA shall pay ten thousand dollars ($10,000) into an escrow account maintained by the County. This initial deposit is to cover estimated monthly service use. The escrow account must be established with County prior to placing or removing "flags" from motor vehicle records for the NTTA. Payment of the deposit shall be made by Automated Clearing House (ACH) payable to the "Dallas County" and is due upon execution of this contract. The County Tax Assessor/Collector may llse escrowed funds only in the event that NTTA has failed to make payment of the above referenced fees 30 days after the NTTA's receipt of notice of nonpayment from the County Tax Assessor/Collector. Such escrowed funds will be used only to cover the amount of unpaid fees and for no other purposes. County will return the balance of the escrowed funds to NTTA within 30 days after the termination of this Agreement. When it becomes necessary to increase the NTTA's escrow account minimum balance, as determined by


81

County, the NTTA agrees to pay the sum in increments of Ten Thousand Dollars ($10,000). This additional funding is payable within 30 days from receipt of notification from County.

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

5. TERM AND TERMINATION.

This Agreement shall be effective upon its date of execution by the last party to execute the Agreement and shall remain in effect for a term of one year. The agreement shall automatically renew for successive one-year terms. This agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties.

6. NOTICE.

Official notice shall be deemed given when provided in writing and delivered to the parties to this Agreement. Delivery may be confirmed by fax receipt, return of certified mail green card or any other standard method of confirming mailing delivery to:

TO THE COUNTY TAX ASSESSOR-COLLECTOR:

TOTHENTTA:

7. INDEMNIFICATION.

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

Dallas County Auditor's Office 50 I Main Street, Suite 407 Dallas, Texas 75202

North Texas Tollway Authority Attn: Executive Director 5900 W. Plano Parkway Plano, Texas 75093

Without waiving any sovereign or governmental immunities availahle to either County or NTTA nnder Texas law and without waiving any available defenses to either party under Texas law, the parties agree that neither shall be responsible for the negligent acts, omissions or other tortious conduct of the other in the course of performance of this Agreement. Nothing in this paragraph shall be

NTTA Scofflaw Agreement (20l3) 5

82

construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities.

8. FISCAL FUNDING.

Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability ofCounly funding for each item and obligation contained herein. NTTA shall have no right of action against the County as regards this Agreement, specifically including any funding by County of this Agreement in the event that the County is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure of any funding party to budget or authorize funding for this during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability ofNTTA funding for each item and obligation contained herein. County shall have no right of action against the NTTA as regards this Agreement, specifically including any funding by NTTA of this Agreement in the event that the NTTA is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this or failure of any funding party to budget or authorize funding for this Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the NTTA, as its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

9. VENUE.

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

10. NONDISCRIMINATION.

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

11. ENTIRE AGREEMENT.

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

NTTA Scofflaw Agreement (20]3) 6

83

12. SEVERABILITY.

If any provision of this Agreement 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.

13. DEFAULT/WAIVER/MITIGATION.

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

14. FEDERAL OR STATE OF TEXAS FUNDING.

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

15. HEADINGS.

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

16. NUMBER AND GENDER.

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

17. COUNTERPARTS.

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

18. REMEDIES.

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

NHA Scofflaw Agreement (2013) 7

84

19. APPROVAL

This agreement is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Courl and by resolution of the North Texas Tollway Authority Board.

IN WITNESS WHEREOF this Agreement has been executed on behalf ofthe County of Dallas and the North Texas Tollway Authority in the manner provided by law.

THE COUNTY OF DALLAS:

Clay Lewis Jenkins, County Judge Date

IN COOPERATION WITH:

John R. Ames, Tax Assessor/Collector Date

NORTH TEXAS TOLLWAY AUTHORITY:

Gerald Carrigan, Executive Director Dale

APPROVED AS TO FORM:

General Counsel, NTT A Date

Craig Watkins, District Attorney Teresa Guerra Snelson, Chief, Civil Section

Paul E. Hamilton, Assistant District Attorney Date

"'By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client QUI' approval of this document was offered soleiy 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).


85

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

BRIEFING

Date: August 27,2013

To:

From:

Honorable Commissioners Court /N/

Honorable John R. Ames, CT A /.,)~ Tax Assessor/Collector

Re: Contract between Dallas County Community College District and Dallas County for Tax Collection Services

BACKGROUND: The Dallas County Community College District ad valorem taxes have been collected by the Dallas County Tax Office since the college began levying ad valorem taxes. Due to the different legislative changes and procedural changes by both entities, the collection contract was out of date and needed to be updated. Both entities agreed to update the contract and an acceptable draft was created with the assistance of the Civil DA's office. This contract will also better align the duties and responsibilities and costs with all the other entities collected by the Dallas County Tax Office. The DCCCD still feels it is in the best interest of the taxpayers to receive a consolidated billing and collection service at a much lower cost than can be provided by them.

OPERATIONAL IMPACT: There is no operation impact to the Tax Office as we will continue the collection ofthe DCCCD ad valorem taxes as we did in previous years. Thc Tax Office will use this contract as a model for updating many of the other 85 entity contracts for which we collect ad valorem taxes in the next 12-24 months.

FINANCIAL IMP ACT: No additional staff is needed for the Tax Office at this time. Dallas County Tax Office will charge the DCCCD the same per parcel cost as we do all the other entities, $ i.30 per parcel.

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

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

RECOMMENDATION: The Dallas County Tax Office recommends that this contract with the Dallas County Community College District be approved and executed.

Mission Statement

Provide Dallas County Citizens with Excellent Service using Innovative Technology to Ensure Quality Collections.

Records Building. 500 Elm Sl • Dallas, TX 75202. 214-653-7811

86

CONTRACT FOR ASSESSMENT AND COLLECTION BETWEEN THE DALLAS COUNTY TAX ASSESSORJCOLLECTOR AND THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT

PURPOSE:

This contract is between the Dallas County Tax Assessor/Collector ("TAC") and the Dallas County Conununity College District ("Taxing Uni!") and is entered into pursuant to Section 6.24 of the Texas Property Tax Code and Sec. 791.011 of the Texas Government Code Sec. 791.011

1. SCOPE OF SERVICES

1. SERVICES TO BE RENDERED BY TAX ASSESSOR/COLLECTOR

TAC shall assess and collect ad valorem property taxes upon all properties subject to the Taxing Unit's taxing jurisdiction, and shall perform said services in the same manner and fashion as TAC collects taxes due and owing Dallas County on its own taxable properties. The services rendered hereundcr shall conform with all applicable and controlling laws, rules, orders, mandates, and regulations, and shall include the following: (J) receiving the Certified Appraisal Roll from the appropriate Appraisal District(s) and monthly changes thereto, (2) providing mortgage companies, property owners and/or tax representatives tax roll and payment data, (3) providing all necessary assessments of taxes as required, (4) the transmittal of tax statements via appropriate medium (5) processing property tax payments, and (6) calculations of effective tax rates, roll back tax rates and Truth in Taxation notices for publication unless instructed otherwise.

Additionally, on Taxing Unit's behalf, TAC shall (1) approve and refund erroneous or overpayments, if provided sufficient historical information by Taxing Unit, (2) approve or reject requests for waiver of penalties and interest for delinquent taxes owed, (3) prepare and issue tax certificates, and (4) prepare and/or provide information and repmis to state agencies, auditors and other interested parties regarding assessments, collections and disbursements of ad valorem taxes.

2. ADDITIONAL SERVICES AVAILABLE TO TAXING UNIT

TAC might further perform or render additional related services when requested by Taxing Unit, which additional services might result in additional costs and fees to be paid by Taxing Unit. Before any such additional services are commenced by the TAC, said services and attendant costs and fees shall be confirmed by separate written agreement.

3. EXCLUSIONS

The scope of services contemplated hereunder does not include the administration of a rollback election. In the event of a rollback election, regardless of the outcome, all costs incurred by the TAC on behalf of the Taxing Unit shall be in addition to the collection fees set out in the attached Notice of Annual Per Parcel Cost and shall be confirmed by separate written agreement. Should the Taxing Unit adopt a rate that will trigger a rollback election, they may obtain an estimate of the costs that would be incurred, regardless ofthe outcome of the election.

In the event of a rollback election by the Taxing Unit, the TAC shall assume no duty or responsibility hereunder regarding (I) any matterrelatingto a financial or legal obligation said Taxing Unit may owe to

PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013

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any applicable Appraisal District; (2) the adoption of Taxing Unit's corrected/modified/amended tax rates, and related pUblications or notices pertaining thereto, or (3) any other obligation imposed by law or other controlling authority upon Taxing Unit not specifically stated in this Agreement

II. COMPENSATION

In consideration of the services provided by the TAC, Taxing Unit shall pay TAC for the services provided herein, the amounts reflected in the attached Notice of Annual Per Parcel Cost The Notice of Annual Pcr Parcel Cost attached hereto is incorporated herein for all purposes and constitutes a part of this contractual agreement

It is expressly understood and agreed that the Notice of Annual Per Parcel Cost might be amended over time, If the Notice of Annual Per Parcel Cost is amended in the future, the remainder ofthis Agreement shall remain in full force and effect unless specifically changed by supplemental, amended or a replacement Agreement Before any such amendment may take effect, timely notice must be provided, To be considered timely, said notice shall be provided on or before the 1 st day of March of each year, with an effective date of October 1st of the new tax year.

The TAC's compensation for performing the primary services contemplated herein shall be deducted from current collections by January 31st annually, and shall include, but not be limited to, all accounts added through supplements to the tax collection system from the certified Tax Roll received from the applicable appraisal district(s) since certification,

III. COOPERATION

The Taxing Unit shall provide to the TAC, without charge, copies of all records necessary to perform the duties and responsibilities contemplated under this Agreement in the fom1at and/or medium in which they currently exist.

The Taxing Unit shall provide to the TAC all accounts involved in the establishment of a new Public Improvement District ("PID") or any additions or deletions of an existing PID, PID rates must be adopted per $100 of valuation as determined and certified by the applicable Appraisal District(s),

Consistent with mandates of applicable law, the parties hereto shall assist each other in promptly complying with Public Information Requests pertaining to any aspects of this Agreement.

IV. NOTICE OF APPLICABLE TAX RATES

Taxing Unit shall provide the TAC with timely notice regarding the adoption all applicable tax rates and exemptions, as well as related directives, orders, decisions or other matters wh ich impact the assessment and collection of ad valorem property taxes, As used herein, the phrase "timely" shall mean adopting the applicable tax rate for the Taxing Unit and providing notice to the TAC of same no later than the 3" Wednesday of September for each year that this Contract remains in effect

In the event that the Taxing Unit does not timely adopt its tax rate on or before the 3" Wednesday of September and notifY TAC of sa me, the Taxing Unit agrees that it will bear all reasonable and additional costs incurred by TAC as a direct or indirect result of Taxing Unit's failure to timely adopt its tax rate. All such costs are in addition to the collection fees set out in the attached Notice of Annual Per Parcel Cost

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V. DEPOSIT OF FUNDS

All funds collected by the TAC on Taxing Unit's behalf shall be promptly transferred and deposited by automated clearing house (ACR) protocol into an account designated by Taxing Unit at its depository bank. If any daily collection total is less than Twenty-five Dollars ($25.00). the distribution will be withheld until the cumulative total of taxes collected on the Taxing Unit·s behalf equals at least Twentyfive Dollars ($25.00).

After initiation ofthe aforementioned ACH transfers from the Dallas County Tax Office"s Depository Account to the Taxing Unifs designated Depository Account. the TAC retains no responsibility. and shall have no liability. for the further management and processing of said funds.

VI. REFUNDS

Refunds will be made by the TAC on Taxing Unifs behalf only as set fOIih herein. The TAC will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided and made available to the TAC.

The TAC agrees to issue refund checks on behalf of the Taxing Unit based on value changes as provided by the Appraisal Districts; should a Taxing Unit have insufficient collections to repay the Tax Office within 15 days then the outstanding sum must be paid in full upon notification by the Tax Office.

In the event that the Taxing Unit is a party in any lawsuit regarding the collection oftaxes provided for herein. which matter is resolved by settlement or final judgment requiring the Taxing Unit to refund tax payment proceeds to a taxpayer. the TAC shall be permitted to make such refund on the Taxing Unit·s behalf. and to debit such amount from tax payment proceeds currently held by the TAC on behalf of the Taxing Unit.

VII. AUDIT CONTROLS

The TAC shall employ and utilize appropriate internal and external audit controls to insure the accuracy and integrity of their tax collection efforts on Taxing Unifs behalf. The Taxing Unit reserves the right to employ its own independent audit mechanisms and controls. When requested. the TAC shall cooperate with the Taxing Unit"s independent auditors by providing necessary explanations of all reports as well as providing access to relevant databases maintained by the Dallas County Tax Office.

VIII. DELINQUENT TAX COLLECTION

In addition to the services provided herein. the TAC shall. to the fullest extent permitted by law, make all reasonable efforts to pursue the collection of delinquent ad valorem property taxes owed to the Taxing Unit. All such efforts shall include contracting with any competent attorney to represent the TAC in enforcing the collection of delinquent taxes. To avoid duplication of efforts and unnecessary costs to the taxpayer. the TAC recommends employing the same counsel for both the TAC and the Taxing Unit. Any attorney retained for such representation shall be paid in the manner pennitted by law and consistent with the contract between the TAC and the attorney.

In the event the Taxing Unit utilizes different legal counsel than the one employed by the TAC. the Taxing Unit agrees to pay the additional cost. ifany. that are incurred in utilizing different legal counsel. All such costs are in addition to the collection fees set out in the attached Notice of Annual Per Parcel Cost.


89

IX. NOTICES

Notices required to be given to either party to this agreement shall be deemed delivered when either personally delivered, faxed with receipt confirmed, or when mailed via United States Mail, certified or registered, postage prepaid, and confinned received by intended recipient.

X. SUPPLEMENTAL SURETY BOND RECOMMENDED

The TAC recommends that the Taxing Unit obtain additional and adequate surety bond for the TAC specifically related to all anticipated services to be performed and rendered hereunder, with all associated premiums for such bond to be paid by the Taxing Unit.

XI. TERM AND DURATION OF AGREEMENT

The term of this Agreement shall begin on the date oflast execution by any party hereto, and continue in full force and effect, from year to year, until such time as either party, by written notice to the other, terminate the same. Notice of termination given hereunder on or before the 1st day of April ofthe tax year in which the party intends termination, shall be effective immediately following the 30th day of September following such notice.

XII. SOVEREIGN IMMUNITY

This Contract for Assessment and Collection is expressly made snbject to each party's sovereign immunities, Title 5 ofthe Texas Civil Remedies Code and all applicable state and federal law. The parties expressly agree that no provision ofthis Agreement is intended to in any way constitute a waiver of any immunities from suit or from liability that the parties have by operation of law.

XIII. MISCELLANEOUS PROVISIONS

This Contract for Assessment and Collection contains the entire agreement between the patiies relating to the rights and obligations delegated, assumed and owed by and between the TAC and the Taxing Unit. This contract supersedes atlY prior understandings and agreements between the parties, written or oral, pertaining to the same subject matters.

This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations herein shall be performed in Dallas County, Texas.

This contract is not intended to benefit any third-party beneficiaries.

This contract shall be binding upon and inure to the benefit of the parties hereto, and to their respective successors atld assigns.

Should one or more provisions contained herein be declared invalid, illegal, or otherwise unenforceable, such declaration shall not invalidate or adversely impact other valid, legal and enforceable provisions, and the remainder of this Agreement shall remain in full effect.


AGREED AS TO FORM AND CONTENT:

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

Jerry Prater, Chair Board of Trustees Dallas County Commnnity College District

ACKNOWLEDGMENT:

Clay Lewis Jenkins Dallas Connty .Judge

APPROVED AS TO FORM: Craig Watkins, District Attorney

Teresa Guerra Snelson Chief, Civil Division

By: Paul E. Hamilton Assistant District Attorney

90

Date

Date

Date

"'By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review afthis 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).


91

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

Annual Notice of Per Parcel Cost for Ad Valorem Tax Collections

August 2013

Please accept this as the annual notice of the per parcel cost of collections for your Ad Valorem taxes per the agreed upon in the contract for assessment and collection with your governmental entity and the Dallas County Tax Assessor/Collector's Office.

These per parcel costs will be effective with the July 2013 certified roll and will be billed and collected by January 31, 2014.

Parcels within Dallas County (Certified py the pallas Centra) Appraisal pistrict)

Parcels outside of Dallas County (Certifieq py allY otrer CAppesides pallasCA.J:»

Publiclmprovement Districts (PIDs) (As approyeq by the appropriate mllnicjPali(y)

2012 Tax Year

$1.36

$2.95

$2.75

2013 Tax Year

SUO

$2.95

$2.75

Please attach this notice to your original Assessment and Collection Contract as the officiai costs determined and agreed upon by the Dallas County Auditor's Office, Tax Assessor's Office and the Commissioners Court.

John R. Ames, CT A Tax Assessor/Collector


Date:

To:

From:

Through:

Subject:

92 Dallas County

Fire Marshal's Office 509 Main Street, Suite 310 Dallas Texas 75202

Main: 214.653.7970 Fax: 214.653.6372

August 27, 2013

Dallas County Commissioners Conrt

Robert De Los Santos- County Fire Marshal

Darryl Martin - Dallas County Court Administrator

Renewal of City Fire and Ambulance Protection Agreements

BACKGROUND 1. Since October 1983, Dallas County has entered into inter-local agreements / contracts

with six (5) cities within Dallas County to provide fire and ambulance protection to contiguous unincorporated areas. Response maps have been updated to delineate orphan roads and/or changes in city boundaries. Also the fee structures were increased to $420.00 for ambulance response and $400.00 for fire response.

2. The current agreements expired on September 30, 2013, and we have been waiting for the agreements. to be reviewed and returned from the cities. This office has verbally confirmed with the five cities involved, that the response services will remain in place until all agreements have been completed and approved for the 2014-2017 three year agreement cycles.

3. All of the service cities have briefed and approved the above sited changes, and adopted inter-local agreements for the 20014-2017 service cycle.

4. Historically, the county has executed these agreements for a one-year term with automatic renewals for an additional two consecutive years. The purpose of this briefmg is to request the Dallas County Commissioners Court to adopt the Fire and Ambulance Inter-Local Agreement with the cities of De Soto, Hutchins, Lancaster, Sachse, and Wilmer.

FINANCIAL IMPACT: 1. The city is paid for services provided each quarter: $420.00 per ambulance response, and

$400.00 per fire response.

2. It is estimated that fire protection in these will cost $54,000, and ambulance service $81,900. These expenses have been budgeted to this office for FY-2014, and no new funds are requested.

LEGAL / POLICY The Dallas County District Attorney's Office has reviewed and approved all documents and

agreements.

Dallas County Fire Marshal's Office www.dallascounty.org

~)

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93 Dallas County


Main: 214.653.7970 Fax: 214.653.6372

RECOMMENDATION: Based on the above information, I respectfully request the Dallas County Commissioners Court approve the Fire and Ambulance Inter-Local Agreement with the cities of De Soto, Hutchius, Lancaster, Sachse, and Wilmer, and issue a court order reflecting the same.

Respectfully Submitted,

~!s?:!f Dallas County Fire Marshal

Dallas County Fire Marshal's Office www.daIiascounty.org

DATE:

TO:

FROM:

REF:

94 Dallas County


Main: 214.653.7970 Fax: 214.653.6372

July 31,2013

Chief Duffield, De Soto Fire Department

Robert De Los Santos - Chief - Dallas County Fire Marshal

Renewal Contracts for Fire & Ambulance Protection

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Chief, again it is time to renew the contract agreements between the City of De Soto and Dallas County. Attached you will find the contracts for the Fire and Ambulance Protection of the unincorporated areas adjacent to your city. After your review, please forward these to your Mayor and City Council for a resolution approving said contracts. The renewal date is October 1, 2013, and runs for a three year period, as identified within the documents. There is one main change to this year contracts, in that we have increased the run amounts for both fire and ambulance responses. We realize that the rates have been the same for many years, and hope that the increases will meet your approval.

Attached to each document is an area response map ofthe assigned county district. Also, attached is one extra copy of the response map for your department. Please leave the maps that are attached to each document for the official record. Upon completion of your city resolution and mayor's signature, please notify me and we will have them picked up. From that point they must go before the Dallas County Commissioners Court for their approval. A copy of the fully signed contract will be returned to you immediately thereafter.

We thank you and your department for your continued assistance in covering the assigned portions of unincorporated Dallas County adjacent to your city. If you have any questions, please contact me at 214/653-7970.

Respectfully,

oOOrt 0, ;?StJt:., Dallas County Fire Marshal


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STATE OF TEXAS . § §

COUNTY OF DALLAS §

95

FIRE PROTECTION AGREEMENT

WHEREAS, the De Soto, Texas (the "City"), has agreed to provide fire protection services to the

unincorporated areas of the County of Dallas, (the "County"), and

WHEREAS, County has requested the City to provide such services with City owned and City

operated fire protection equipment.

NOW THEREFORE, this Agreement (the "Agreement") between City and County is hereby

made between said City and County as follows:

I.

SERVICES

For the consideration stated herein, the City agrees to (i) furnish fire protection services, and (ii) to

answer all fire calls in the assigned unincorporated area adjacent andlor near the corporate limits of said

City, as shown on the official fire protection zone map of the County, a copy of which is attached hereto

as Exhibit "A" and made a part hereof for all purposes. Any deletions due to annexations or any

additions due to de-annexations will be furnished to the City by the County Fire Marshal and the official

map shall be updated by the City to reflect tbese changes. Responses shall continue into any annexed area

until official notice is received from the County Fire Marshal. Response shall commence into any de-

annexed area when official notice is received from the County Fire Marshal.

II.

TERM

This Agreement shall be in effect during the County fiscal year of October I, 2013 through

September 30, 2014, and will automatically be extended for two additional one-year fiscal periods

(October 1, 2015 through September 30, 2015, and October 1, 2016 through September 30, 2017)

2

96

provided, and only if County appropriates and budgets the necessary funds to pay for fire services in each

of the succeeding one year fiscal periods. In the event that funds are not appropriated by County for a

succeeding fiscal year, this Agreement shall terminate on the last day of the fiscal year in which funds are

appropriated for such fi seal year.

III.

DEFINITIONS & CONDITIONS

I) "Fire Run" shall mean a fire response with a fire fighting vehicle into the assigned

unincorporated area of the County where any type of extinguishing agent is applied to a fire, or where

valid reasons can be provided by City as to why there was no need to apply an extinguishing agent to a

fire. A Fire Run does not include the routine dispatch ofa fire vehicle to the location/address of an

"Ambulance Run" (as defined below), when the necessity of the fire vehicle at such locationladdress does

not exist and is not required to meet the requirements of a valid Fire Run or an Ambulance Run.

2) "Ambulance Run" shall mean an ambulance response into the assigned unincorporated area of

the County where any type of emergency medical treatment is performed, or when valid reasons are

provided by City as to why there was no need to administer treatnient

Run:

The following three (3) conditions may justify a Fire Run made in conjunction with an Ambulance

I) an unconscious person is involved where CPR may need to be performed to sustain life;

2) an individual is experiencing breathing difficulties where additional personnel is needed

for patient evaluation and administering life support; or

3) a motor vehicle accident ("MVA") has occurred where extrication is needed or fuel is

leaking and must be washed away from the vehicle to assure safety of responders/patients

or other types of rescue, where fire apparatus/skills are required.

3

97

IV.

REIMBURSEMENT BY COUNTY

The County agrees to reimburse the 'City at the rate of FOUR HUNDRED NOIlOO

DOLLARS ($400.00) for each approved Fire Run that the City makes into the defined

unincorporated area.

In order for the City to be eligible for reimbursement for a Fire Run, the Fire Run must be

to a location within the unincorporated area assigned to City. When the City receives an original

call for a Fire Run, the City must immediately notify the County Fire Marshal by contacting the

Sheriff s Department by telephone or radio. The City must file with the County Fire Marshal, not

later than five (5) days after the end of the calendar month, a certified list of the runs made into

said unincorporated areas during the preceding month. Fire Runs that are not to a location in the

assigned unincorporated area, or that have not been approved prior to a mutual aid assistance call,

will be disallowed by the County Fire Marshal and no reimbursement will be made to the City for

such runs.

The County Fire Marshal will notify the City of any response locations that carmot be located

from the information provided on the run sheet, and of runs which are not eligible for

reimbursement within thirty (30) days after the receipt of said City report. If a reply is not

received from the City after the second request from the County Fire Marshal, the run will be

disallowed. City will not be reimbursed for a Fire Run when (i) a fire vehicle is routinely

dispatched to the same location/address of an Ambulance Run, (ii) the necessity for a fire vehicle

at the location /address of an Ambulance Run does not exist, or (iii) a fire vehicle is not required to

meet the requirements of a valid Fire Run or an Ambulance Run. All duplicate Fire Runs and.

Ambulance Runs to the same location/address must be verified by the County Fire Marshal for

validity and the necessity of such duplicate run must be established by the City in order to be

4

98

eligible for reimbursement. County will reimburse the City for all eligible Fire Runs within thirty

(30) days after the end of each quarter year during the Agreement Term.

V.

MUTUAL AID ASSISTANCE

City agrees that it will provide mutual aid assistance to the County when requested,

provided it may do so without endangering the property and lives of its own citizens.

VI.

TERMINATION

This Agreement may be terminated by either party without cause by giving the other party

ninety (90) days prior written notice of the termination.

VII.

LIABILITY City and County agree to be responsible each for their own negligent acts or omissions,

or other tortious conduct in the course of performance of this Agreement without waiving any

sovereign immunity, governmental immunity or other defenses available to the parties under

federal or State law. Nothing in this paragraph shall be construed to create or grant any rights,

contractual or otherwise, in or to any third persons or entities. All parties agree that any such

liability or damages occurring during the performance of this Agreement caused by the joint or

comparative negligence of the parties, or their employees, agents or officers, shall be determined

in accordance with comparative responsibility laws of Texas.

City acknowledges and agrees that County is prohibited by Article XI, Section 7 of the

Texas Constitution from indemnifying City or any other third party for damages arising under this

Agreement.

VITI.

5

99

NOTICE

Any notice or certification provided for in this Agreement to be given by either party to the

other shall be required to be in writing and shall be deemed given when personally

delivered or within three (3) business days after being deposited in the United States mail, postage

prepaid, certified, return receipt requested or registered addressed as follows:

To County:

To City:

Fire Marshal County of Dallas Records Building 509 Main St. - Room 310 Dallas, Texas 75202

Fire Chief, Jerry Duffield De Soto Fire Department 211P1easant Run Road De Soto, Texas 75115

VIllI

MISCELLANEOUS

A. Applicable Law. This Agreement is expressly made subject to County's Sovereign

Immunity, Title 5 of the Texas Civil Remedies Code and all applicable laws. This Agreement and

all matters pertinent thereto shall be construed and enforced in accordance with the laws of the

State of Texas and venue shall lie exclusively in the state and federal courts of competent

jurisdiction sitting in Dallas County, Texas.

B. Entire Contract. This Agreement, including all Exhibits, and Addendum,

constitutes the entire agreement between the parties hereto and may not be modified except by an

instrument in writing executed by the parties hereto.

6

100

C. Binding Effect. This Agreement and the respective rights and obligations of the

parties hereto shaH inure to the benefit of and be binding upon the successors and assigns of the

parties hereto as well as the parties themselves; provided, however, that County, its successors and

assigns shall be obligated to perform County's covenants under this Agreement only during, and

in respect of their successive periods as County during the term of this Agreement.

D. Fiscal Funding. Notwithstanding any provisions contained in this Agreement, the

obligations of the County under this Agreement are expressly contingent upon the availability of

funding for each item and obligation for the Term of the Agreement and any pertinent extensions.

City shall have no right of action against County in the event County is unable to fulfill its

obligations under this Agreement as a result of lack of sufficient funding for any item or

obligation from any source utilized to fund this Ai,,'Teement or failure to budget or authorize

funding for this Agreement during the current or future fiscal years. In the event that County is

unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if

funds become unavailable, County, at its sole discretion, may provide funds from a separate

source or may terminate this Agreement by written notice to City at the earliest possible time.

E. Severability. If any provision of this Agreement shall be held invalid, void or

unenforceable, the remaining provisions hereof shall not be affected or impaired, and such

remaining provision shall remain in full force and effect.

F. Amendment. This Agreement may not be amended except in a written instrument

specifically referring to this Agreement and signed by the parties hereto.

7

101

G. Number and Gender. Words of any gender used in this Agreement shall be held

and construed to include any other gender and words in the singular shall include the plural and

vice versa, unless the context clearly requires otherwise.

H. Counterparts. This Agreement may be executed in multiple counterparts, each of

which shall be deemed an OJ~gina1, but all of which shall constitute one and the same instrument.

1. This Agreement shall not become effective until approved by City Resolution and

Commissioners' Court Order. A copy of the respective Resolution and Order will be furnished to

each signing entity.

By their signatures below, the duly authorized representatives of City and County accept

the terms ofthis Agreement in full.

EXECUTED this the 10th day of September ,2013.

COUNTY: CfTY:

BY: ClayLewisJenkins BY:

Dallas County Judge Mayor of _____ _

RECOMMENDED BY:

By: Darryl Martin- Dallas County Court Administrator

By: Robert De Los antos - County Fire Marshal

8

APPROVED AS TO FORM*:

CRAIG WATKINS CRIMINAL DISTRICT ATTORNEY

TERESA GUERRA SNELSON

CHIEF, CIVIL DI\;'1StlIN ,

/~ "?f@" (7' " "// 0'1 BY: //0 y Y / / (,

Randall Miller '- / Assistant District Attorney

102

* By law, the Dallas Couuty District Attorney's Office may only advise or approve contracts or legal docnments on behalf of its clients. It may not advise or approve a contract or legal document 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).

9

103

EXHIBIT "A"

FIRE PROTECTION ZONE MAP

10

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Q ...., ,

Bluecrest

edgemoor

Q Cottonvalley

" rJl I I I ~ I Winterset

[ Beckleyview

Beckleycrest

104

Sherwood

21 Balomede fJ Balomeade

1- 35 Se lvice Road

Beckleyview

Beckleycrest

Hulette

" " " ." Sherwood " "il

'" Balomede

= ~ !J.) Chalet :§

"

" " " ~ " Ei

"

\ \

Honor

Hubert

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

105

AMBULANCE SERVICES AGREEMENT

WHEREAS, the City of De Soto, Texas, (the "City"), has agreed to provide ambulance services

to the unincorporated areas for the County of Dallas, (the "County"), and

WHEREAS, County has requested the City to provide such services with City-owned and City-

operated ambulance equipment,


made by and between said City and County as follow:

I - SERVICES

For the consideration stated herein, the City agrees to (i) furnish ambulance services and, (ii) to

answer all ambulance calls in the assigned unincorporated area adjacent and/or near the corporate limits

of said City, as shown on the official ambulance zone map of County, a copy of which is attached hereto

as Exhibit "A" and made a part hereoffor all purposes. Any deletions due to amlexations or any additions

due to de-annexations will be furnished the City by the County Fire Marshal and the official map shall be

updated by the City to reflect these changes. Response shall continue into any annexed area until official

notice is received from the County Fire Marshal. Response shall commence into any de-annexed area

when official notice is received from the County Fire Marshal.

II-TERM

This Agreement shall be in effect during the County fiscal year of October 1, 2013 through

September 30, 2014 and will automatically be extended for two (2) additional one-year fiscal periods

11

106


provided, and only if County appropriates and budgets the necessary funds to pay for ambulance services

in each of the succeeding one-year periods. In the event that funds are not appropriated by County for a


appropriated for such fiscal year.

III - DEFINITIONS

An "Ambulance Run" shall mean an ambulance response into the assigned unincorporated area of

the County where any type of emergency medical treatment is performed, or where valid reasons can be

provided by City as to why there was no need to administer treatment. An Ambulance Run does not

include the routine dispatch of an ambulance vehicle to the location/address of a "Fire Run" (as defined

below), when the necessity of an ambulance vehicle at such location/address does not exist and is not

required to meet the requirements of a valid Ambulance Run or a Fire Run.

The "Minimum Ambulance Staffing" shall be defined as follows: (i) "Advanced Life Support"

(ALS) units shall have a minimum of one (1) EMT-Paramedic and one EMT-Basic. (ii) "Basic Life

Support" (BLS) units shall have a minimum of two (2) EMT-Basics.

A "Fire Run" shall mean a fire department response with a fire protection vehicle into the assigned

unincorporated area of the County where any type of extinguishing agent is applied to a fire or when valid

reasons are provided by City as to why there was no need to apply an extinguishing agent to a fire.

IV - REIMBURSEMENT BY COUNTY

The County agrees to reimburse the City at the rate of FOUR HUNDRED AND TWENTY

NOIlOO DOLLARS ($420.00) for each approved Ambulance Run that the City makes into the defined


In order for the City to be eligible for reimbursement for a run, the Ambulance Run must be to a

location within the unincorporated area assigned to the City. When the City receives an original call for

an Ambulance Run, the City must immediately notify the County Fire Marshal by contacting the Sheriff s

12

107

Department by telephone or radio. The City must file with the County Fire Marshal, not later than five

(5) days after the end of the calendar month, a certified list of the runs made into said unincorporated

areas during the preceding month. Ambulance Runs that are not to a location in the assigned

unincorporated area or that have not been approved prior to mutual aid assistance call will be disallowed

by the County Fire Marshal and no reimbursement will be made to the City for such runs. The County

Fire Marshal will notify the City of any response locations that cannot be located from the information

provided on the run sheet and of runs which are not eligible for reimbursement within thirty (30) days

after the receipt of said City Report. If a reply is not received from the City after the second request from

the County Fire Marshal, the run will be disallowed. City will not be reimbursed for an Ambulance Run

when (i) an ambulance is routinely dispatched to the same location/address of a Fire Run (ii) the necessity

for an ambulance at the location/address of a Fire Run does not exit, or (iii) an ambulance is not required

to meet the requirements of a valid Ambulance Run or a Fire Run. County will reimburse City for all

eligible Ambulance Runs within thirty (30) days after the end of each quarter year during the Agreement

Term.

v - FEES CHARGED TO CITIZENS

The City may collect from the citizens the same fee for ambulance servIce III the assigned

unincorporated areas that it charges for like services in the City. The City shall not charge the citizens in

the assigned unincorporated area more for services than it charges for like services in the City. The

. County shall not assist in the collection of any fees charged by the City. No reimbursement for

uncollected fees shall be made by County.

Payment shall be for "per ambulance utilized" not for "per patient transported". In multi-injury

incidents/situations, each ambulance must transport two patients per anlbulance, except in those cases

where CPR is in progress or where multiple injuries involving a patient in a life-threatening situation must

receive extensive personal treahnent while being transported.

13

108

VI - TERMINATION

This Agreement may be terminated by either party without cause by giving the other party ninety

(90) days prior written notice of the termination.

VII - LIABILITY

City and County agree to be responsible each for their own negligent acts or omissions, or other tortious

conduct in the course of performance of this Agreement without waiving any sovereign inununity,

governmental inununity or other defenses available to the parties under federal or State law. Nothing in

this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third

persons or entities. All parties agree that any such liability or damages occurring during the performance

of this Agreement caused by the joint or comparative negligence of the parties, or their employees, agents

or officers, shall be determined in accordance with comparative responsibility laws of Texas.

City acknowledges and agrees that County is prohibited by Article Xl, Section 7 of the Texas

Constitution from indemnifying City or any other third party for damages arising under this Agreement.

VIII - NOTICE

Any notice or certification provided for in this Agreement to be given by either party to the other

shall be required to be in writing and shall be deemed given when personally delivered or within three (3)

business days after being deposited in the United States mail, postage prepaid, certified, return receipt

requested or registered addressed as follows:

To County:

To City:

Dallas County Fire Marshal Records Building 509 Main St. - Room 310 Dallas, Texas 75202

Fire Chief Jerry Duffield De Soto Fire Department 211 East Pleasant Run De Soto, Texas 75115

14

109

VIm - MISCELLANEOUS


Immunity, Title 5 of the Texas Civil Remedies Code and all applicable laws. This Agreement and all

matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas

and venue shall lie exclusively in Dallas County, Texas.

B. Entire Agreement. This Agreement including all Exhibits, and Addendnm, constitutes the

entire agreement between the parties hereto and may not be modified except by an instrnm.ent in writing

executed by the parties hereto.

C. Binding Effect. This Agreement and the respective rights and obligations of the parties

hereto shall insure to the benefit of and be binding upon the successors and assigns of the parties hereto as

well as the parties themselves, provided, however, that County, its successors and assigns shall be

obligated to perform County's covenants under this Agreement only during, and in respect of their

successive periods as County during the term of this Agreement.


obligations of the County under this Agreement are expressly contingent upon the availability of funding

for each item and obligation for the Term of the Agreement and any pertinent extensions. City shall have

no right of action against County in the event County is unable to fulfill its obligations under this

Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to

fund this Agreement or failure to budget or authorize funding for this Agreement during the current or

future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a

result of lack of sufficient funding, or if funds become unavailable, County, at its sale discretion, may

provide funds from a separate source or may terminate this Agreement by written notice to City at the

earliest possible time.

15

110


unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining

provisions shall remain in full force and effect.

F. Amendment. This Agreement may not be amended except In a written instrument

specifically referring to the is Agreement and signed by the parties hereto.

G. Number and Gender. Words of any gender used in this Al,'Teement shall be held and

construed to include any other gender and words in the singular shall include the plural and vice versa,

unless the context clearly requires otherwise.

H. Counterparts. This Agreement may be executed in multiple counterparts, each of which

shall be deemed an original, but all of which shall constitute one and the same instrument.


Commissioners Court Order. A Copy of the respective Resolution and Order will be furnished to each

signing entity.

By their signatures below, the duly authorized representatives of City and County accept the terms

of this Agreement in full.

[Signature page to follow]

16

111

EXECUTED this the _I O'h day of September, 2013.

COUNTY:

BY: Clay Lewis Jenkins Dallas County Judge

RECOMMENDED:

CITY:

BY:

BY: rutin - Dallas County Court Administrator

BY: s Santos - Dallas County Fire Marshal



TERESA GUERRA SNELSON CHIEF, CIVIL DIVI~ION/E%f

BY: ~f/!/ Randall Miller u Assistant District Attorney

Mayor of De Soto

* By law, the Dallas County 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 of other parties. Our review of this docnment 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).

17

112

EXHIBIT "A"

AMBULANCE RESPONSE ZONE MAP

18

Bluecrest

\I i edgemoor

Cottonvalley

Winterset

1 Beckleyview

I Beckleycrest

Melz

)1 -g,ll 8 <Il'

Balomede

I I j

Sherwood

Balomeade r})

1- 35 Se !vice Road

Beckleyview

C") CD

Beckleycrest N

-----,

Hulette

" v 0 - 0 v -'0 Sherwood E!' 0 " " ~ <Il

Balomede \

c v v I ~ !l Chalet .E

'" " 0

§ 0

Polk

Honor

Hubert

Osprey

Falcon

DATE:

TO:

FROM:

REF:

114 Dallas County


Main: 214.653.7970 Fax: 214.653.6372

July 31, 2013

Chief Hickson, Hutchins Fire & Rescue

Robert De Los Santos - Chief-Dallas County Fire Marshal


Chief, again it is time to renew the contract agreements between the City of Hutchins and Dallas County. Attached you will find the contracts for the Fire and Ambulance Protection of the unincorporated areas adjacent to your city. After your review, please forward these to your Mayor and City Council for a resolution approving said contracts. The renewal date is October 1, 2013, and runs for a three year period, as identified within the documents. Tbere is one main change to this year contracts, in that we have increased the run amounts for both fire and ambulance responses. We realize that the rates have been the same for many years, and hope that the increases will meet your approval.

w

Attached to each document is an area response map of the assigned county district. Also, attached is one extra copy of the response map for your department. Please leave the maps that are attached to each document for the official record. Upon completion of your city resolution and mayor's signature, please notify me and we will have them picked up. From that point they must go before the Dallas County Commissioners Court for their approval. A copy of the fully signed contract will be returned to you immediately thereafter.


Respectfully,

~1fL;fChl'f Dallas County Fire Marshal

Dallas County Fire Marshal's Office www.dullascounty.org

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

115


WHEREAS, the Hutchins, Texas (the "City"), has agreed to provide fire protection services to the






I.

SERVICES


answer all fire calls in the assigned unincorporated area adjacent and/or near the corporate limits of said




map shall be updated by the City to reflect these changes. Responses shall continue into any annexed area


armexed area when official notice is received from the County Fire Marshal.

II.

TERM




2

116




appropriated for snch fiscal year.

HI.


1) "Fire Run" shall mean a fire response with a fire fighting vehicle into the assigned


valid reasons can be provided by City as to wby there was no need to apply an extinguishing agent to a

fire. A Fire Run does not include the routine dispatch of a fire vehicle to the location/address of an

"Ambulance Run" (as defined below), when the necessity of the fire vehicle at such location/address does




provided by City as to why there was no need to administer treatment

Run:


1) an unconscious person is involved where CPR may need to be performed to sustain life;



3) a motor vehicle accident ("MVA") has occurred where extrication is needed or fuel IS



3

117

IV.


The County agrees to reimburse the City at the rate of FOUR HUNDRED NOIlOO

DOLLARS ($400.00) for each approved Fire Run that the City makes into the defmed





Sheriffs Department by telephone or radio. The City must file with the County Fire Marshal, not





such runs.

The County Fire Marshal will notify the City of any response locations that cannot be located







meet the requirements of a valid Fire Run or an Ambulance Run. All duplicate Fire Runs and

Ambulance Runs to the sanle location/address mnst be verified by the County Fire Marshal for


4

118



V.



provided it may do so without endangering the property 3l1d lives of its own citizens.

VI.

TERMINATION



VII.

LIABILITY

City and County agree to be responsible each for their own negligent acts or omissions, or

other tortious conduct in the course of performance of this Agreement without waiving any





comparative negligence of the parties, or their employees, agents or officers, shall be determined



Texas Constitution from indemnifYing City or any other third party for d3l11ages arising under this

Agreement.

5

119

VIII.

NOTICE





To County:

To City:


Fire Chief, Stacy Hickson Hutchins Fire & Rescue 1525 E. Wintergreen Road Hutchins, Texas 75141

VIllI.

MISCELLANEOUS









6

120


parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the









obligation from any source utilized to fund this Agreement or failure to budget or anthorize








F. Amendment. This Abrreement may not be amended except in a written instrument


7

121





which shall be deemed an original, but all of which shall constitute one and the same instrument.





the terms of this Agreement in full.

EXECUTED this the L day of September ,2013.

COUNTY: CITY:

BY: Clay Lewis Jenkins BY:

Dallas County Judge Mayor of Hutchins

RECOMMENDED BY:

- County Fire Marshal

8

122




~F'~~ R1lJ1dall Miller Assistant District Attorney

* By law, the Dallas County 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 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).

9

123

EXHIBIT" A"


10

ESN #: 266 Hutchins

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

125


WHEREAS, the City of Hutchins, Texas, (the "City"), has agreed to provide ambulance services




NOW THEREFORE, this Agreement (the "Agreement") between City and Connty is hereby


I - SERVICES




as Exhibit "A" and made a part hereof for all purposes. Any deletions due to annexations or any additions





II-TERM



11

126

(October 1,2014 through September 30, 2015, and October 1, 2016 through September 30,2017)





III - DEFINITIONS








(ALS) units shall have a minimum of one (1) EMT-Paramedic and one EMT-Basic. (ii) "Basic Life


A "Fire Run" shall mean a fire department response with a fire protection vehicle into the assif,'Iled



rv - REIMBURSEMENT BY COUNTY


NO/100 DOLLARS ($420.00) for each approved Ambulance Run that the City makes into the defined




<;in Ambulance Run, the City must immediately notify the County Fire Marshal by contacting the Sheriff s

12

127














Term.


The City may collect from the citizens the same fee for ambulance service in the assigned



County shall not assist in the collection of any fees charged by the City. No reimbursement for



incidents/situations, each ambulance must transport two patients per ambulance, except in those cases


receive extensive personal treatment while being transported.

13

128

VI - TERMINATION

This Agreement may be tenninated by either party without cause by giving the other party ninety

(90) days prior written notice of the tennination.

VII - LIABILITY

City and County agree to be responsible each for their own negligent acts or omissions, or other

tortious conduct in the course of perfonnance of this Agreement without waiving any sovereign

immunity, governmental immunity or other defenses available to the parties under federal or State law.

Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to

any third persons or entities. All parties agree that any such liability or damages occurring during the

perfonnance of this Agreement caused by the joint or comparative negligence of the parties, or their

employees, agents or officers, shall be detennined in accordance with comparative responsibility laws of

Texas.

City acknowledges and agrees that County is prohibited by Article XI, Section 7 of the Texas


VIII-NOTICE





To Countv:

To City:


Fire Chief Stacey Hickson Hutchins Fire & Rescue 1525 E. Wintergreen Road Hutchins, Texas 75141

14

129

VIllI - MISCELLANEOUS




and venue shall lie exclusively in the state and federal courts of competent jurisdiction sitting in Dallas

County, Texas.

B. Entire Agreement. This Agreement including all Exhibits, and Addendum, constitutes the

entire agreement between the parties hereto and may not be modified except by an instrument in writing









for each item and obligation for the Term of the Agreement and any peltinent extensions. City shall have





result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may



15

130

E. Severabilitv. If any provIsIon of this Agreement shall be beld invalid, void or



F. Amendment. This Agreement may not be amended except III a written instrument


G. Number and Gender. Words of any gender used in this Agreement shall be held and



H. Counterparts. This Agreement may be executed in mUltiple counterparts, each of which


I. This Agreement shall not become effective until approved by City Resolution and


signing entity.



16

131

EXECUTED this the _10th day of September ,2013.

COUNTY:


RECOMMENDED:

CITY:

BY:

A!v2t,YC.. -)_ !i:::tfiJartin - Dallas County Court Administrator BY:

BY:

APPROVED AS TO FORM":


TERESA GUERRA SNELSON CHIEF, CIVIL ~I:ISI~L

~ BY: J;:Z u1 ,l Randall Miller Assistant District Attomey

Mayor of Hutchins

* By law, the Dallas Couuty District Attorney's Office may ouly advise or approve coutracts or legal documeuts ou hehalf of its clients. It may not advise or approve a contract or legal document 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).

17

132

EXHIBIT "A"


18

ESN # 266 Hutchins

DATE:

134

Dallas County Fire Marshal's Office

509 Main Street, Suite 310 Dallas Texas 75202 Main: 214,653.7970 Fax: 214.653.6372

July 31,2013 '''')

W 0

TO:

FROM:

REF:

Chief Griffith, Lancaster Fire & Rescue


Renewal Contracts for Fire & Ambulance Protection 9? N \Ii>

Chief, again it is time to renew the contract agreements between the City of Lancaster and Dallas County. Attached you will find the contracts for the Fire and Ambulance Protection of the unincorporated areas adjacent to your city. After your review, please forward these to your Mayor and City Council for a resolution approving said contracts. The renewal date is October 1, 2013, and runs for a three year period, as identified within the documents. There is one main change to this year contracts, in that we have increased the run amounts for both fire and ambulance responses. We realize that the rates have been the same for many years, and hope that the increases will meet your approval.

Attached to each document is an area response map of the assigned county district. Also, attached is one extra copy of the response map for your department. Please leave the maps that are attached to each document for the official record. Upon completion of your city resolution and mayor's signature, please notify me and we will have them picked up. From that point they must go before the Dallas County Commissioners Court for their approval. A copy of the fully signed contract will be returned to you immediately thereafter.


Respectfully,

~£~J Dallas County Fire Marshal


STATE OF TEXAS

COUNTY OF DALLAS

§ § §

135


WHEREAS, the Lancaster, Texas (the "City"), has agreed to provide fire protection services to

the unincorporated areas of the County of Dallas, (the "County"), and





I.

SERVICES









II.

TER.M



(October 1, 2015 through September 30, 2015, and October 1,2016 through September 30, 2017)

2

136



succeeding fiscal year, this Agreement shall tenninate on the last day of the fiscal year in which funds are


III.


1) "Fire Run" shall mean a fire response with a fire fighting vehicle into the assigned







th.e County where any type of emergency medical treatment is perfonned, or when valid reasons are

provided by City as to why tbere was no need to administer treatment

Run:


1) an unconscious person is involved where CPR may need to be perfonned to sustain life;



3) a motor vehicle accident ("MV A") has occurred where extrication is needed or fuel is



3

137

IV.


The County agrees to reimburse the City at the rate of FOUR HUNDRED NOllOO











such runs.

The County Fire Marshal will notifY the City of any response locations that cannot be located

from the infonnation provided on the run sheet, and of runs which are not eligible for









4

138



V.




VI.

TERMINATION



VII.

LIABILITY






liability or damages occurring during the perfonnance of this Agreement caused by the joint or

comparative negligence of the parties, or their employees, agents or officers, shall be detennined



Texas Constitution from indemnifYing City or any other third party for damages arising under this

Agreement.

5

139

VIII.

NOTICE





To County:

To City:


Fire Chief, Thomas Griffith Lancaster Fire & Rescue 1650 N. Dallas Ave Lancaster, Texas 75134

VIln

MISCELLANEOUS









6

140











obligation from any source utilized to fund this Agreement or failure to budget or authorize

fuuding for this Agreement during the current or future fiscal years. In the event that County is



source or may tenninate this Agreement by written notice to City at the earliest possible time.






7

141











COUNTY: CITY:


Dallas County Judge Mayor of Lancaster

RECOMMENDED BY:

l' Q1\ frI' . --'---"'" ""'--',. .;

By: Darryl Martin- Dallas County Court Administrator

B~4ci:~untYFire Marshal

8



TERESA GUERRA SNELSON CHffiF, CIVIL DIVISION

BY: -=--*j/':---:-:-:c~-=7:-~~"---\;~b'-//_/ Rtlndall Miller Assistant District Attorney

142

* By law, the Dallas County 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 docnment of other parties. Our review of this document was couducted solely from the legal perspective of our clieut. Our approval of tbis document was offered solely for the benefit of om' client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

9

143

EXHIBIT" A"


10

~~~~~~~~~~~~~'.

['~~~ ~~~~; ~~~~~=;;;;;,~.~> L?;:;&-;;;;;,,;;;,,~,"," :;'!;;, :;;;;"_:;:;> - "=,-",c~~. ''&;~'' '\

ESN..,~_~~~ ...... _~~caster "7---' j/ /;

I~-"~F,;,~ \, ~~..2L~ . i /"

g,

n

I Third Greene

;i Francis

/" ~ .

~~" ~> A \;\~/ (/ \

267

5-' 5'

I \!}YW

I ""', (j) /""'" '\ e'(\.e ~

'),/'/\b'y , \". /" ~

Q4/ rz.. :\-,.e1

o \, ~"'fl).'~ '?Q' Jt' ~410~/;tP"' \

-¥",--<\ /...,-O~"",,,r'· ~. 0"

,. r "r ,;;,-\J " ,/' :> //

./<"~\ ~ J,\/\\\ 1§ ~/ \0<' \

\'irI:' ~~, '\ ,,\;) '" F'\ ~ P """ \ ""

g~~~~~j;~~~~-r--' Belt Lin d <;; ~ caster ,Greene! J~~~~~'

I \ \\~t3 ~~J:..

\ll. ;_.-----1 g , ,'''' ,,<>

o <f:'

a ""'(=> ~,,;>/ ~

,L Bear Creek

'(:- , ,0 ,

\~ \, \C" _'\~

\°0 \~

\<$',?

\ , \'"

( \ " ' o.ee't.·/ "?-"f'. ,,/

\ '13-<-- .' C

o 11111

--r \ .~- '~~"--~~''<"/Y , ,-

, i

"_i) . ..--\~ ~~,/-

r 1/ '-~ ,e'./ . \~~ ~~/

I \ ,/

~ (/' "

/ /" \ , Sr i y.~~:< < \ \,

/LL~,--~.j / A

\~." - ~.~ \~ \% \%

\,'tS> '.

./

\

/" ,/'/

%" <£,

?

~'~ ,,' 1! , V\ %

)/1, \' '\ '>\

\\."~/"")

~~e~ ,eJ.//\

,!'o.\.y , / "-

Ferris~'

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

145


WHEREAS, the City of Lancaster, Texas, (the "City"), has agreed to provide ambulance services






I - SERVICES







notice is received from the County Fire MarshaL Response shall commence into any de-annexed area

when official notice is received from the County Fire MarshaL

II-TERM

This Agreement shall be in effect during the County fiscal year of October I, 2013 through


11

146






III - DEFINITIONS








(ALS) units shall have a minimum of one (1) EMT-Paramedic and one EMT-Basic. Oi) "Basic Life



unincorporated area of the County where any type of extingnishing agent is applied to a fire or when valid




NOIlOO DOLLARS ($420.00) for each approved Ambulance Run that the City makes into the defined




an Ambulance Run, the City must immediately notify the County Fire Marshal by contacting the Sheriffs

12

147














Term.











13

148

VI - TERMINATION

This Agreement may be tenninated by either party without cause by giving the other party ninety

(90) days prior written notice of the tennination.

VII - LIABILITY


tortious conduct in the course of perfonnance of this Agreement without waiving any sovereign




perfonnance of this Agreement caused by the joint or comparative negligence of the parties, or their

employees, agents or officers, shall be detennined in accordance with comparative responsibility laws of

Texas.



VIII-NOTICE





14

To County:

To City:

149


Fire Chief Thomas Griffith Lancaster Fire & Rescue 1650 N. Dallas Ave Lancaster, Texas 75134

VIm - MISCELLANEOUS





County, Texas.


entire agreement between the parties hereto and may not be modified except by an instmment in WIlting


C. Binding Effect. TPis Agreement and the respective rights and obligations of the parties









15

150



future fiscal years. In the event that Couuty is unable to fulfill its obligations under this Agreement as a




E. Severability. If any prOVlSlon of this Agreement shall be held invalid, void or



F. Amendment. This Agreement may not be amended except III a written instrument









signing entity.



[Signature Page to Follow 1

16

151

EXECUTED this the ]0111 day of September ,2013.

COUNTY:


RECOMMENDED:

CITY:

BY:

B": 1 Martin - Dallas County Court Administrator

BY:




CHIEF, CIVIL»)rlJSIO d~};~ //)J, // /'Y0 fIJ

,/ //

BY: -R-a~~~d-a-ll-M--il-le~r~~~·~------

Assistant District Attorney

Mayor of Lancaster

* By law, the Dallas County 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 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 attoruey(s).

17

152

EXHIBIT "A"


18

"" r-. CD C'<I c.o

~ ::j:j::

Z en ~ "0

.;, ;S

Jefferson

DATE:

TO:

FROM:

REF:

154 Dallas County


Main: 214.653.7970 Fax: 214.653.6372

July 31,2013

Chief Mark Hamilton, Wilmer Fire & Rescue

Robert De Los Sautos - Chief - Dallas County Fire Marshal

Renewal Contracts for Fire & Ambulauce Protection

W ".. c: G1 N co

q:: N

Chief, again it is time to renew the contract agreements between the City of Wilmer aulf Dallas County. Attached you will find the contracts for the Fire and Ambulance Protection of the unincorporated areas adjacent to your city. After' your review, please forward these to your Mayor and City Council for a resolution approving said contracts. The renewal date is October 1, 2013, aud runs for a three year period, as identified within the documents. There is one main chauge to this year contracts, in that we have increased the run amounts for both fire aud ambulauce responses. We realize that the rates have been the same for many years, aud hope that the increases will meet with your approve.

Attached to each document is au area response map of the assigned county district. Also, attached is one extra copy of the response map for your department. Please leave the maps that are attached to each document for the official record. Upon completion of your city resolution and mayor's signature, please notify me aud we will have them picked up. From that point they must go before the Dallas County Commissioners Court for their approval. A copy of the fully signed contract will be retumed to you immediately thereafter.

We thank you and your depaltment for your continued assistance in covering the assigned portions of unincorporated Dallas County adjacent to your city. If you have any questions, please contact me at 214/653-7970.

Respectfully,

~~hief Dallas County Fire Marshal


r:;.

~:,:~? ;:..,1

rZl::' )

(J)

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

155


WHEREAS, the Wilmer, Texas (the "City"), has agreed to provide fire protection services to the






I.

SERVICES









II.

TERM



(October I, 2015 through September 30, 2015, and October I, 2016 through September 30, 2017)

2

156





III.


l) "Fire Run" shall mean a fire response with a fire fighting vehicle into the assigned








provided by City as to why there was no need to administer treatment.

Run:





3) a motor vehicle accident ("MVA") has occurred where extrication is needed or fuel is



3

157

IV.


The County agrees to reimburse the City at the rate of FOUR HUNDRED NOI1 00

DOLLARS ($400.00) for each approved Fire Run that the City makes into the defmed


In order for the City to be eligible for reimbursement for a Fire Run. the Fire Run must be








such runs.

The County Fire Marshal will notifY the City of any response locations that cannot be

located from the information provided on the run sheet, and of runs which are not eligible for

reimhursement within thirty (30) days after the receipt of said City report. if a reply is not


disallowed. City will not be reimbursed for a Fire Run when 0) a fire vehicle is routinely


at the location laddress of an Ambulance Run does not exist, or (iii) a fire vehicle is not required to



validity and the necessity of such duplicate nm must be established by the City in order to be

4

158



V.




VI.

TERMINATION



VII.

LIABILITY

City and County agree to be responsible each for their own negligent acts or

omissions, or other tortious conduct in the course of performance of this Agreement without

waiving any sovereign immunity, governmental immunity or other defenses available to the

parties under federal or State law. Nothing in this paragraph shall be construed to create or

grant any rights, contractual or otherwise, in or to any third persons or entities. All parties

agree that any such liability or damages occurring during the performance of this

Agreement caused by the joint or comparative negligence of the parties, or tbeir employees,

agents or officers, shall be determined in accordance with comparative responsibility laws of

Texas.

City acknowledges and agrees that County is prohibited by Article XI, Section 7 of

the Texas Constitution from indemnifying City or any other third party for damages arising

under this Agreement.

5

159

VIII.

NOTICE





To County:

To City:


Fire Chief, Mark Hamilton Wilmer Fire & Rescue 128 N, Dallas Ave Lancaster, Texas 75] 72

VIIII.

MISCELLANEOUS

A, Applicable Law, This Agreement is expressly made subject to County's Sovereign

Immunity, Title 5 of the Texas Civil Remedies Code and all applicable laws, This Agreement and



jurisdiction sitting in Dallas County, Texas,

B, Entire Contract. This Agreement, including all Exhibits, and Addendum,


instrument in writing executed by the parties hereto,

6

160





















7

161




H. Countemarts. This Agreement may be executed in mUltiple counterparts, each of



Commissioners' Court Order. A copy of the respective Resolution and Order will be fumished to




EXECUTED this the ~ day of September ,2013.

COTJNTY: CITY:


Dallas County Judge Mayor of Wilmer

RECOMMENDED BY:

- County Fire Marshal

8




CHIEF, CIVIL DIV~IO:/ L-BY. ?if1. ~

Randall Miller Assistant District Attorney

162

* By law, the Dallas County District Attorney's Office may only advise or approve contracts or legal documents on hehalf of its clients. It may not advise or approve a contract or legal document of other parties. Our review of this document was couducted solely from the legal perspective of our client. Our approval of this documeut 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).

9

163

EXHIBIT "A"


10

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

165


WHEREAS, the City of Wilmer, Texas, (the "City"), has agreed to provide ambulance services to

the unincorporated areas for the County of Dallas, (the "County"), and





I -SERVICES









II-TERM



11

166

(October 1,2014 through September 30, 2015, and October 1, 2016 through September 30, 2017)





III - DEFINITIONS








(ALS) units shall have a minimum of one (1) EMT -Paramedic and one EMT-Basic. (ii) "Basic Life

SUppOli" (BLS) units shall have a minimum of two (2) EMT-Basics.






NOll 00 DOLLARS ($420.00) for each approved Ambnlance Run that the City makes into the defined




an Ambulance Run, the City must immediately notify the County Fire Marshal by contacting the Sheriffs

12

167









the County Fire Marshal, the run will be disallowed. City will not be reimbursed for an Ambulance Rill1





Term.


The City may collect from the citizens the same fee for ambulance serVIce 111 the assigned









13

168

VI - TERMINATION


(90) days prior written notice of the termination.

VII - LIABILITY







comparative negligence of the parties, or their employees, agents or officers, shall be determined in

accordance with comparative responsibility laws of Texas.


Constitution from indemnifying City or any other third party for damages arising under this

Agreement.

VIII - NOTICE



business days after being deposited in the United States mail, postage prepaid, certified, retnrn receipt


To County:

To Citv:


Fire Chief Mark Hamilton Wilmer Fire & Rescue 128 N. Dallas Wilmer, Texas 75172

14

169

VIm - MISCELLANEOUS




and venue shall lie exclusively in Dallas County, Texas.



















15

170

E. Severabilitv. If any provIsIon of this Agreement shall be held invalid, void or



F. Amendment. This Agreement may not be amended except 111 a written instrument





H. Counterparts. This Agreement may be executed in mUltiple counterparts, each of which




signing entity.



[Signature Page to follow 1

16

171

EXECUTED this the 10th day of September, 2013,

COUNTY:


RECOMMENDED:

CITY:

BY:

BY: D~~county Court Administrator

BY: Robert De Los Santos - Dallas County Fire Marshal



TERESA GUERRA SNELSON CHIEF, CIVIU"l' ISIO?/, / ///17/ I,

,~? /'/(; 1/ ,'I'

')l'. I /lit BY, ~,. /[ _ R1indall Miller Assistant District Attorney

Mayor of Wilmer

* By law, the Dallas County 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 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 henefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

17

172

EXHIBIT " A"


18

0') CC (!"iIi

=#: ~i!

~

Cornell

DATE:

TO:

FROM:

REF:

174

Dallas County Fire Marshal's Office

509 Main Street, Suite 310 Dallas Texas 75202 Main: 214.653.7970 Fax: 214.653.6372

July 31,2013

Chief Rick Coleman, Sachse Fire & Rescue



Chief, again it is time to renew the contract agreenlents between the City of Sachse and Dallas County. Attached you will find the contracts for the Fire and Ambulance Protection of the unincorporated areas adjacent to your city. After your review, please forward these to your Mayor and City Council for a resolution approving said contracts. The renewal date is October 1,2013, and runs for a three year period, as identified within the documents. There is one main change to this year contracts, in that we have increased the run amounts for both fire alld ambulance responses. We realize that the rates have been the same for many years, and hope that the increases will meet your approval.

Attached to each document is an area response map of the assigned county district. Also, attached is one extra copy of the response map for your department. Please leave the maps that are attached to each document for the official record. Upon completion of your city resolution and mayor's signature, please notify me and we will have them picked up. From that point they must go before the Dallas County Commissioners Court for their approval. A copy of the fully signed contract wiIl be returned to you immediately thereafter.

We thank you and your department for your continued assistance in covenng the assigned portions of unincorporated Dallas County adjacent to your city. If you have any questions, please contact me at 214/653-7970 .

DaIlas Couuty Fire . - Chief

Dallas COUll(Y Fire Marshal's Office www.dallasc(}unty.org

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

175


WHEREAS, the Sachse, Texas (the "City"), has agreed to provide fire protection services to the






I.

SERVICES





additions due to dc-annexations will be furnished to the City by the County Fire Marshal and the official




II.

TERM



(October 1, 2015 through September 30, 2015, and October 1, 20]6 through September 30, 2017)

176





III.


I) "Fire Run" shall mean a fire response with a fire fighting vehicle into the assigned








provided by City as to why there was no need to administer treatment

Run:





3) a motor vehicle accident ("MV A") has occurred where extrication is needed or fuel is


or other types of rescue, where fire apparatUs/skills are required.

3

177

IV.


The County agrees to reimburse the City at the rate of FOUR HUNDRED NOIIOO






Sheriff s Department by telephone or radio. The City must file with the County Fire Marshal, not





such runs.

The County Fire Marshal will notify the City of any response locations that cannot be located






at the location laddress of an Ambulance Run does not exist, or (iii) a fire vehicle is not required to




4

178



V.




VI.

TERMINATION



VII.

LIABILITY City and County agree to be responsible each for their own negligent acts or

omissions, or other tortious conduct in the course of performance of this Agreement without

waiving any sovereign immunity, governmental immunity or other defenses available to tbe

parties under federal or State law. Nothing in this paragraph shall be construed to create or grant

any rights, contractual or otherwise, in or to any third persons or entities. All parties agree that

any such liability or damages occurring during the performance of this Agreement caused by the

joint or comparative negligence of the parties, or their employees, agents or officers, shall be

determined in accordance with comparative responsibility laws of Texas.


Texas Constitution from indemnifying City or any other third party for damages arising under this

Agreement.

VIII.

5

179

NOTICE


other shall be required to be in writing and shaH be deemed given when personally



To County:

To City:


Fire Chief, Rick Coleman Sachse Fire & Rescue 3815 Sachse Road Bldg. D Sachse, Texas 75048

IX.

MISCELLANEOUS


Immunity, Title 5 of the Texas Civil Remedies Code and ali applicable laws. This Agreement and




B. Entire Contract. This Agreement. including all Exhibits. and Addendum,



6

180





















7

181











COUNTY: CITY:


Dallas County Judge Mayor of Sachse

RECOMMENDED BY:

~K ::>" By: D~in- Dallas County Court Administrator

8

182




::IEF'C~~~ Ran~ller Assistant District Attorney

* By law, the Dallas Couuty 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 of other parties. Our review of this document was condncted 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).

9

183

EXHIBIT "A"


]0

'<I' 00 ~

~

Sachse

~pa.c.u;:,e

i

ESN:# 273 Salchse

" It> ',:,~~ ~ .-

, .$fe;y -$-"'/ *' '- /\. '>'.

"'/' ',ifh ,- ~, Q

27}: ,,~ .', Yb,--

273

""oj \~ '" ,.~

c

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

185


WHEREAS, the City of Sachse, Texas, (the "City"), has agreed to provide ambulance services to

the unincorporated areas for the County of Dallas, (the "County"), and





I-SERVICES



of said City, as shown on the offi.cial ambulance zone map of County, a copy of which is attached hereto






II-TERM



11

186




succeeding fiscal year, this Agreement shall tenninate on the last day of the fiscal year in which funds are


III - DEFINITIONS








(ALS) units shall have a minimum of one (1) EMT -Paramedic and one EMT -Basic. (ii) "Basic Life


A "Fire Run" shaH mean a fire department response with a fire protection vehicle into the assi6'Iled





NOll 00 DOLLARS ($420.00) for each approved Ambulance Run that the City makes into the defined




an Ambulance Run. the City must immediately notify the County Fire Marshal by contacting the Sheriffs

12

187






Fire Marshal will notifY the City of any response locations that cannot be located from the infonnation








Tenn.








incidents/situations, each ambulance must transpOli two patients per ambulance, except in those cases



13

188

VI - TERMINATION


(90) days plior written notice of the termination.

VII - LIABILITY


tortious conduct in the course of performance of this Agreement without waiving any sovereigo




performance of this Agreement caused by the joint or comparative negligence of the parties, or their

employees, agents or officers, shall be determined in accordance with comparative responsibility laws of

Texas.



VIII - NOTICE





14

To County:

To City:

189


Fire Chief Rick Coleman Sachse Fire & Rescue 3815 Sachse Road Bldg. D Sachse, Texas 75048

VIllI - MISCELLANEOUS





County, Texas.





hereto shall insure to the benefit of and be binding upon the successors aud assigns of the parties hereto as


obligated to perfonn County's covenants under this Agreement only during, and in respect of their

successive periods as County during the tenn ofthis Agreement.



for each item and obligation for the Tenn of the Agreement and any pertinent extensions. City shall have


15

190










F. Amendment. This Agreement may not be amended except III a written instmment

specifically referring to this agreement and signed by the parties hereto.


constmed to include any other gender and words in the singular shall include the plural and vice versa,

unless the- context clearly requires otherwise.




Commissioners Court Order. A Copy of 1he respective Resolution and Order will be furnished to each

signing entity.

By their signatures below, the duly authOlized representatives of City and County accept the terms

ofthis Agreement in full.

16

191

EXECUTED this the _10th day of September ,2013.

COUNTY:


RECOMMENDED:

'-'---

CITY:

BY:

BY: arlin - Dallas County Court Administrator

tos - Dallas County Fire Marshal




:~F'~/ RaPdalCMiller Assistant District Attomey

Mayor of Sachse

* By law, the Dallas Couuty 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 of other parties. Onr review of this document was condncted solely from the legal perspective of our client. Our approval of this document was offered solely for the beuefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

17

192

EXHIBIT "A"


1 g

~ m

----

ESN # 273 Sachse /

194

OJ\L'.J:,S COUIHY DALLAS COUNTY C;Oi'1!li~:'IU COURT OFFICE OF INFORMATION TECHNOLOGY

13 AUG 28 PI~ 2: 41

Date: September 3,2013

To: Commissioners Conrt

Throngh: Stanley Victrum, Chief Information Officer

From: Randy Guin, IT Security Officer

Subject: Social Website Request

The Office of Information Technology requests approval to allow Social Website Access to specific employees in Dallas County Sheriff's Office.

BACKGROUND In September 2009, the Dallas County Commissioners Conrt approved the use of Social Websites by County Departments for the use of facilitating County business.

REQUEST

The Dallas County Sheriff s Office has submitted a formal request to use the Social Web sites Facebook, Twitter, YouTube and NixIe. (Copy of request is attached).


The approval of the use and access of Social Web sites are consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

RECOMMENDATION The Office oflnformation Technology recommends the approval of this request.

~m~ ~-:-st:v::C1o

Attachment

509 Main St., 6th Floor, Dalias, Texas 75202 Work (214) 653-6649

[email protected] Fax (214) 653-6327

195

Request for Use of Social Network Website

1) Office or Department: Dal \asS S ~ S Depa r+m£.o± 2) Purpose or Reason:

8i+-€ nelp.s 3ev1c! ovl' . i2vY'ljO lo~mQ at v<2.cXui±m.Qat lob"

3)

4) Cost: R Fund ___________ _

5) Implementation Date: tOCQb::mr WQs ere o;k;O ~t\YlW 2010 TWilW' <'IQ",-jQ<~ 1.olc

6) Employees' Requiring Access: '\

(Sfwli~iq@dclb3COu01'f.bYJ ) a. Cor mel') Castro - p. l' 0 (CCl,ffYl,QncClsl-{o@dqIIG5COun-Jy,o,y _

b, _ Jo.(y)Q,S Wofs:Jn-· iAJ~bmqs-/Q( (rQYYlQ.s(,lJ~@dQlbScouni(.i)JJ c. d. ____________________ __

Request by;

Date:

To:

Through:

from:

196

DALLAS COUNTY OPERATIONS

September 3, 20]3

Commissioners Court

Darryl Martin, Court Administrator _ ) Chris Thompson, Director of Oreration~

Paulette Hunter, Telecommunications Manager

Subject: SA VNSNINE Maintenance Grant Contract between the Office of the Attorney General anel Dallas County for the State Fiscal Year 2014

Background of Issue The purpose of this briefing is to request authorization to renew the annual contract for participation in SA VNSN1NE for year 20 14, TI,e reimbursement process has not changed and the Office of the AttorneyGeneral will continue to reimbmse Appriss on Dallas County's behalf.

Each year since 2003, Dallas County has participated in the Texas Statewide Automated Victim Notification Service (SA VNS)/Texas StatewideAntomated Victim Information and Notification Eve.yday (VINE) program that notify victims of cllanges in an offender's status and associated court events. SA VNSIVINE is primarily for viotims; however, it is also a safety device for the Criminal Justice and Victim Servioes professionals where they can register themselves to receive notification when an offender is released, Law Enforcement & Victim Services personnel have used it when they receive direct threats from offenders and by knowing when the offender will be back on the slreet again they can notify/contact others regarding the offender's release. Participation in the SA VNSIVINE program must be renewed 011 an annual basis,

Impact on Operations Two separate agreements are required, The first is a grant eontraetwith the State for reimbursement of funds, The second is a service agreement with Appriss, the system provider: for renewal of the maintenance agreement Action required of the County is specified in tbe grant contract and will be performed by Operations/Telecommunications,

Strategic Plan Compliance This request supports Vision 3; Maximizing the effectivenessofDaiias County's criminai justice resources and synergizing the public safety program services across the County,

Financial Impact Full funding for tbe system is provided through the Omce of the Attorney General, Victim Services Division, and the reimbursement process has not changed, Renewal cost is $113,640,84,

Legal Consideration There are no changes to this year's agreement. The agreement from last year"Vi!aS reviewed and approved by the Civil Section of the District Attorney's Office,

Recommendations Approve the Annual Maintenance Grant Contract and Maintenance Renewal Agreementfor continued participation in the Texas Statewide Automated Victim Notification System. Documents are the same as preVtOllS years and are available for review in Operations.

George Allen Courts Building 600 Commerce Street Suite7S0 Dallas, Texas 75202

DATE:

CUSTOMER NAME:

LOCATION:

PROJECTlYPE:

197

August 15, 2013

Dallas County

509 Main Street, Ste. 608 Dallas TX 75202

Dallas County VINE Service

·ORIGINALSERVICE AGREEMENT DATE: August 30, 2003

:SERVICE AGREEMENT RENEWAL DATE: September 1, 2013

SERVICE AGREEMENT RENEWAL TERM: 12 Months

NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2014

PROJECT PRICING: $113,640.84 (Quarterly Amount $28,410.21)

LoUi:;vllli', KY 4022,,31':4.2

50;1-:\(li 1)463 BDo·a16·(}~9\

www.l1pprlss.com

This Service Agreement Renewal Notice, unless specifically noted in the ContCdct Changes section below, extends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service witt occur in relations to this Service Agreement Renewal.

Contract Changes: This Service Renewal Notice includes a 5% decrease in the annual maintenance for FY 2014. The reimbursement process has not changed and the Office of the Attorney General will continue to reimburse Appriss on your behalf assuming the appropriate documentation Is completed.

Special Note; Please refer to the "3" Party Vendor Fees" referenced in the attached Exhibit R-10 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making-booking system replacement andlor changes.

AUTHORIZATION:

APPRISS INC., BY:

Signature

Thomas R. Seigle President

KEEPING COMMUNITIES SAFE AND INFORMED

08/1212013 Date

CUSTOMER BY:

Signature Date

Title Name

198

Exhi.bit R-IO Maintenance Renewal Automated Victim Notification Services

Dallas County \(Jat~gol:Y: 'PUot - Extra Large

'?lliii:>ject:to the teImS and conditions inoluded in the A.greement, this Exhibit R·1 0 Schedule of Payments shan ,ae,crihe the amount due to Appri.s whicb will be paid quarterly by tbe Office of tbe Attorney General to A.ppriss on the County's behalf as described in 4.3.5 Dftbe Grant Contract

...

Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal or Services deteImined as follows. This Renewal will extend services through August 31, 20]4,

Jail District I Annual Quarterly #of ' --Total

Maintenance Court , Maintenance Maintenance Months Maintenance Amount Maintenance I Amount Amount Through Amount Due

Amount (12 Months) (4 Quarters) 8/31/14

$ 96,657.72 $16,983.12 $113,640.84 $28,410.21 12 I $113,640.84

I Months I .-.-l

Maintenance Amount as indicated above does not include "3" Party Vendor Fees" I include booking system. vendors, IT staff or other work that is associated with any bMldng system change not covered onder the Vendor Certification. These services are considered additional costs and will be billed by the Certified Vendor directly to the entity. Unless appmved by the OAG, in writing, in advance, the "3'" PllrtyVendor" may not be reimbursed by the OAG's SA VNS grant program.

199

DALLAS COUNTY ENGINEERING AND PROJECT MANAGEMENT

September 3, 2013


THROUGH: Dale Lill.ey, Director of Facilities 6-# Chris Thompson, Director of Operations ""

FROM: John Clark, Senior Project Manager CiJL-SUBJECT: Energy Performance Contract Update and Request to Move Forward with Phase Four,

BACKGROUND

On August 30, 2011, the Court was briefed on an agreement with Schneider Electric Services to perform an Investment Grade Audit (IGA) as part oftheir Energy Performance Contract with Dallas County, Court Order 2011-1590, September 20,2011, authorized the IGA

The Energy Performance Contract is divided into four phases (all County facilities are divided among these four phases), Each phase is further divided into sub-elements: (a) An investment Grade Audit, (b)

,Mobilization and Implementation, and (e) Monitoring and Verification,

Phase 1 Energy Conservation Measures (Downtown campus) are currently being implemented and nearing completion,

Phase 2 includes the Sterrett/Crowley Campus (Frank Crowley, Lew Sterrett, West / North / South Towers), and the associated Parking garages, and the Institute of Forensic Sciences facility, Phase 2 has been authorized and is in mobilization.

Phase 3 includes Henry Wade Juvenile Justice Center, Central Kitchen facility, Health and Human Services, North Dallas Government Center, Letot Center, Investment Building, South Dallas Government Center, Youth Village/Medlock Center, Garland Government Center and the East Dallas Government Center. Phase 3 has been mObilized and is in implementation,

Phase 4 includes the Elections Warehouse, CSCD, HHS Immunization Conic, Kovar/Gun Range, Lancaster, Grand Prairie, Irving, Mesquite, Richardson subcourthouses, Road & Bridge 2, 3 & 4 offices, Mesquite and Richardson Tax Offices, County Fire Station, and Home Chemical Collection facilities, Over the last six months, Schneider has presented a 50% and 90% review of their findings for Phase 4 of the IGA On June 12th at the 90% review of the Phase 4 Investment Grade Audit, Schneider Electric presented to staff a list of proposed Energy Conservation Measures,

With the conclusion of the Phase 4 Investment Grade Audit and the confirmation of potential savings through a 3rd party engineering review, this phase is set to move to the next step, Upon authorization by Dallas County, the Mobilization & Implementation phase of the approved energy conservation measures (ECMs) will begin,

200

The purpose of this briefing is to recommend moving forward with the Phase 4 Mobilization and Implementation of the accepted energy conservation measures.

IMPACT ON OPERATIONS/FINANCIAL

The Phase 4 IGA has identified several energy conservation measures for the sixteen County facilities listed in this briefing. The audit summary is attached. By implementing these measures, the County will reduce energy consumption and improve performance in the listed buildings. The cost for this phase of the Performance Contract is $2,584,164.00.

Funding for Phase 4 Mobilization and Implementation is available in Fund 420, Project 70168 (2013 Energy Management Project).

LEGAL

Proposed actions are consistent with the base contract approved by the Civil Section of the District Attorney's Office.


The Energy Performance Contract aligns with the following vision indicators of the County's Strategic Plan:

Vision 1 indicator - Maintain County facilities and information systems.

Vision 5 indicator - Increase County's emphasis on facililalinglinitiating economic development and on improving the area's quality of life.

RECOMMENDATION

Approve the Phase 4 mobilization and implementation of the recommended energy conservation measures.

201

Summary of Intent

County and Contractor have mutually agreed to develop and execute facitlty lmprovements under a phased approach to improve County owned facilities,

A Master Contract was developed and executed as part of Court Order 2011-2137 on December 13, 2011, The terms and conditions established under that Court Order apply to this, and subsequent, construction phases.

The table below summarizes which scopes of work are intended to be executed by project phase as part of the program,

Project Facilities Impacted SoW Summary Approximate Sell Phase Price

Phase 1A Frank Crowley Courts -c--

Controls and Mechanical Work $3,487,606 Phase 1B Downtown Complex Various $11,247,717 Phase 1C Records Building Mechanical + Controls TBD

Phase 2 Lew Sterret Complex + Mechanical + Controls + ,$17,705,154 SWIFS Lighting + Water I

Phase 3 HHS, HWJJC, Cook Chill + Mechanical + Controls +

$7,263,350 8 smaller buildings Lighting + Water

Phase 4 Smaller buildings around Mechanical + Controls +

$2,.584,164 the county Lighting

Phase? TBD TBD I TBD

Dallas County Phase 4 ENERGY PERFORMANCE CONTRACT BTW DALLAS COUNTY & SCHNEIDER ELECTR1C-2011

I I I

202

STATEMENT OF WORK ("SOW") SCHEDULE G: Schedule of Values for PHASE 4

S 1!,8~li

-,,- '-"s"~' :/650'-

Dallas County Phase 4 65 ENERGY PERFORMANCE CONTRACT 8TW DALLAS COUNTY & SCHNEIDER ELECTRtC-2011

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DALLAS COUNTY PUBLIC WORKS

August 27, 2013

MEMORANDUM


THROUGH:

204

FROM: Selas Camarillo, Assistant Director - Pro Division~

SUBJECT: Resale of Tax Foreclosed Property at 1303 Highland Drive, Duncanville, TX Via Private Sale

BACKGROUND

Subsequent to the judgment for the non-payment of delinquent property taxes, dated April 29, 2010, 1303 Highland Drive, Duncanville, Texas ("Property") was offered for sale by the Sheriff of Dallas County at public auction on July 5, 20 II. On that date, the Property was struck off to the City of Duncanville, as Trustee, and became tax exempt. The Sheriffs Deed to the Property is recorded in Instrument No. 201100199499, Real Property Records, Dallas County, Texas. Delinquent taxes on this property date back to 2004.

Duncanville City Council on June 18,2013 passed Resolution No. 2013-061807, permitting Dallas County to assume its trustee role in the resale of the property. Commissioners Court Order No. 2013-1199 dated July 9, 2013 authorized acceptance of the Property. On August 15, 2013 the Public Works Department received an offer from Eric Bullard of $22,501 to purchase the Property. Acceptance of the offer will discharge and extinguish only the ad valorem property tax liens for the tax years 2004-2009 included in the tax jUdgment. The purchaser will be responsible and liable for the payment of post judgment tax liens for the years 2010-2011, totaling approximately $3,959.


Sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure properties to interested purchasers for future development and the betterment of the whole neighborhood and in returning the Property to the tax roll increasing tax revenue for the Taxing Authorities.

LEGAL INFORMATION

Acceptance of the offer would be in compliance with the Tax Code and the Dallas County Tax Foreclosure Resale Policy. Pursuant to Section 34.05(i) of the Tax Code, the City of Duncanville and the Duncanville Independent School District have adopted resolutions consenting to the sale of the Property.

Dallas County will execute a Quitclaim Deed that will contain acknowledgments that the Property is being sold subject to the prior owners' remaining right of redemption, if any, post judgment taxes, the pro rata property taxes for the remaining part of the current calendar year, and is being purchased "AS IS, WITH ALL FAULTS", and with no express or implied warranties of any kind whatsoever.

IMPACT ON OPERATIONS

Acceptance of this offer will eliminate future maintenance and management costs incurred by both City and County.

FINANCIAL IMPACT

The proceeds from the resale will be distributed by Dallas County Tax Office in accordance with the Property Tax Code, §34.06, Distribution of Proceeds of Resale. The County tax collection law firm will review and confirm the distribution amounts. The table below details the expected financial impact of the offer including eligible costs recoverable under §34.06.

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

Commissioners Court August 27, 2013 Page 2

FINANCIAL IMPACT

205


Cause No TX-09-30319 styled Dallas County et af vs Charles Lamone Cline , . , DCAD Value $41 140 , Less Eligible

Taxing Entities Pro rata Expenses Balance to be (Tax Years Included Taxes Due in % of Purchase Recoverable Applied to % Taxes

In Judgment) Judgment Judgment Amount §34.06 Tax Code Taxes Recovered

Dallas County (2004-2009) $ 3,101.62 19.50% City of Duncanville (2004-2009) $ 3,865.75 24.30% $22,501 ($7,579.78) $14,921.22 94% Duncanville ISD (2004-2009) $ 8.942.27 56.20%

$15,909.64 100.00%

(*1 Dallas County Adnmmstrallve Cost of$I,500 (DepOSIt. 00120.44557, Sale of Real Estate), COUIt Costs of$5,329.56, City Maintenance Costs of $750.22

In recommending acceptance of the purchase amount of $22,50 I, we have considered the liability and maintenance issues associated with the structure, and the amount of post judgment tax liens of approximately $3,959 (2010-201 I) that will not be discharged or extinguished by this sale. Taking into account the additional post judgment tax liens the purchaser will be pay approximately $26,460 for the property, or 64% of DCAD Value of$41,140.

PERFORMANCE MEASURES IMPACT

Sale of the Property will assist the Property Division in meeting its performance measures for FY 2013.

PROJECT SCHEDULE

COlirt Order to A ward Property Balance Punchase Price Due & Close Sale

RECOMMENDATION

September 3, 2013 October 1, 2013

The Department of Public Works has reviewed the offer and recommends the Commissioners Court: (l) accept the Offer and Purchase Agreement from Eric Bullard for $22,501 to purchase the tax foreclosure property at 1303 Highland Drive, Duncanville, Texas, DCAD Account No. 2201950002002000, (2) upon receipt of the balance of the purchase price, authorize the sale of Property by quitclaim deed, subject to the previous owners' remaining right of redemption, if any, to the purchaser's obligation to pay post judgment taxes and the pro rata property taxes for the remaining part of the current year, and (3) authorizes the Tax Assessor Collector to receive and disburse the proceeds in accordance with §34.06 of the Property Tax Code.

If the Commissioners Court is in agreement, a court order authorizing the matters above will be placed on the next regular agenda.

APPROVED BY:

Albert . Blair, P.E., Director of Public Works

Attachment: Location Map

cc: Paul Hamilton, Assistant District Atlomey, Civil Division

PAElctblSC KIPropertylDtaxlDuncanvillelBrfDffer 1303Highland

o (f)

Z'

I

o

206

TAX FORECLOSURE PROPERTY - DISTRICT 3

Glenn Heightso

E L

1387-'---J

Mid~Way ~: ,rRegional -±fAirp~

Run

Copyright © and (P) 1988-2012 Microsoft Corporation and/or its suppliers. All rights reserved, http://www.mlcro$oft.comlstreeisi Ceriain mapping and direction data © 2012 NAVTEQ, All rights reserved The Data for areas of Canada includes informaboll taken with permission from Canad~1l authorities, Including' © Her Majesty the Queen 'In Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2012 Tele Atlas North America, Inc. Ail rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc. © 2012 by Applied Geographic Solutions. Ali rights reserved. Portions © CopYright 2012 by Woodall Publicaiions Corp. All nghts reserved

207

DALLAS COUNTY PUBLIC WORKS

August 26, 2013

MEMORANDUM

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court i~

Mike Cantrell, Commissioner, District 2/~ Selas Camarillo, Assistant Director - Property Division~ Resale of Tax Foreclosed Property at 2345 Fuqua Road, Rowlett, Texas Via Private Sale

BACKGROUND

Subsequent to the judgment for the nonpayment of delinquent property taxes, dated January 26, 2006, 2345 Fuqua Road, Rowlett, Texas ("Property") was offered for sale by the Sheriff of Dallas County at public auction on May 4, 2010. Since no bids were received, the Property was struck off to Dallas County, as Trustee, and became tax exempt. The Sheriffs Deed to the Property is recorded in Instrument No. 201000132719, Real Property Records, Dallas County, Texas. Delinquent taxes on this property date back to 1986.

On June 18,2013, by Court Order No. 2013-1066, Commissioners Court agreed to sell the property to GTX Real Estate LLC. This entity and one other failed to consummate the purchase of the Property and forfeited deposits totaling $4,500.

On August 13,2013, the Public Works Department received a new offer from George P. Samuel on behalf of Blue Mountain Ventures, LLC of $14,552 to purchase the Property. Acceptance of the offer will discharge and extinguish only the ad valorem property tax liens for the tax years 1996-2004 included in the tax judgment. The purchaser will be responsible and liable for the payment of post judgment tax liens for the years 2005 - 2010.


Sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure properties to interested purchasers for future development and the betterment of the whole neighborhood and in returning the Property to the tax roll increasing tax revenue for the Taxing Authorities.

LEGAL INFORMA TJON

Acceptance of the offer would be in compliance with the Tax Code and the Dallas County Tax Foreclosure Resale Policy. Pursuant to Section 34.05(i) of the Tax Code, the City of Rowlett and the Garland Independent School District have adopted resolutions consenting to the sale of the Property. The Resolution from Garland Independent School District is conditioned on the payment to Garland Independent School District, at closing, of all taxes, penalties and interest accrued as of the date of the sale on the post-judgment, pre-sale tax years 2005-2010. George P. Samuel of Blue Mountain Ventures, LLC has provided written confirmation of agreement to submit certified funds at closing for said post judgment taxes.

Dallas County will execute a Quitclaim Deed that will contain acknowledgments that the Property is being sold with the following limitations: a) subject to the prior owner's remaining right of redemption, if any, b) post judgment taxes, c) the pro rata property taxes, for the remaining part of the current calendar year, d) "AS IS, WITH ALL FAULTS", and e) with no express or implied warranties of any kind whatsoever.

IMPACT ON OPERA TJONS

Acceptance of this offer will eliminate future maintenance and management costs incurred by both City and County.

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

Commissioners Court August 26, 20 l3 Page 2

FINANCIAL IMPACT

208


Cause No. TX-04-31725~T-E, styled Dallas County, et af V$, Me/roves!, inc., et ai, combined with prior Judgment Cause No 9040806 T L DeAD Account No 44008400010000100 DeAD Value for Taxation $78 430 - - -

Less Eligible Balance Taxing Entities Taxes Due Pro Rata Expenses Recoverable to be

(Tax Years Included in %of Purchase Under §34.06 Tax Distributed in Judgment) Judgment Judgment Amount Code to Taxes

Dallas County $ 8,482.30 18.6078% (1986,'87,'89-2004) City or Rowlett $11,170.33 24.5046% $14,552.00 ($1.809.52)* $12,742.48 0986.'87.'89-2004) Garland LS.D. $25,931.93 56.8875%

1(1986 '87.'89-2004) $45 584.56 (*) Dallas County Admmlstratlve Cost of$1 ,500 (DepOSIt. 00120.44557, Sale of Real Estate), Court Costs of$309.52,

City Post Sale Maintenance Cost ($0.00)

In recommending acceptance of the purchase amount of $14,552. we have considered the amount of post-judgment taxes of approximately $21, 100, which will not be discharged or extinguished by this sale and for which the purchaser will be responsible and liable. Taking into account the additional post judgment tax liens the purchaser will be paying approximately $35,652 for the Property or 45% of DCAD value. The amount of post-judgment tax liens to be collected and paid to Garland Independent School District, as a condition of its consent is $10,517.01, if paid in October 2013. Additionally the Property will be back in private ownership after having taxes delinquent for over 27 years.

PERFORMANCE MEASURES IMPACT

Sale of the Property will assist the Property Division in meeting its performance measures for FY 2014.

PROJECT SCHEDULE

Court Order to Award Property Balance Purchase Price Due & Close Sale

RECOMMENDATION

September 10,2013 October 9, 2013

The Department of Public Works has reviewed the offer and recommends the Commissioners Court: (I) accept the offer from Blue Mountain Ventures, LLC for $14,552 to purchase the (vacant) tax foreclosure property at 2345 Fuqua Road, Rowlett, Texas, DCAD Account No. 44008400010000100, (2) authorize the subsequent court order to supersede and replace in its entirety the previously approved Court Order No. 2013-1066, (3) upon receipt of the balance of the purchase price, authorize the sale of Property by quitclaim deed, subject to the previous owner's remaining right of redemption, if any, and to the purchaser's obligation to pay post judgment taxes, the pro rata property taxes for the remaining part of the current year, and (4) authorize the Tax Assessor Collector to receive and disburse the proceeds in accordance with §34.06 of the Property Tax Code.

If the Commissioners Court is in agreement a court order authorizing the matters above with will be placed on the next regular agenda.

APPROVED BY:

c:lf:;:....--'----Alberta L. Blair, P.E., Director of Public Works

Attachment: Location Map

cc: Paul Hamilton, Assistant District Attorney, Civil Division

rVi Q..IPAE·kar·SC V,,·Y ..

209 TAX FORECLOSURE RESALE - DISTRICT 2

Copyright © and (P) 1988--2012 Microsoft Corporation and/or its suppliers. All rights reserved http://www.microsoft.comlstreels/ Certain mapping and direction data © 2012 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, Including: © Her Majesty the Queen in Right of Canada, © Queen's Pnnter for Ontano. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2012 Tele Atlas North Amer'lca, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc, © 2012 by Applied Geographic Solutions. All righls reserved. Portions © Copyright 2012 by Woodall Publications Corp. All rights reserved.

210

DALLAS COUNTY PURCHASING DEPARTMENT

September 3, 2013

FROM:

Commissioners Court

Shannon S. Brown, Purchasing Agenft6fb

TO:

SUBJECT: Annual Contract Extensions

Background The Purchasing Department reviewed information concerning the extension of the listed annual contracts in Table I below. The user departments were contacted and asked to provide feedback/comments on the performance of each vendor and that department's recommendation on extending the contract. The response from each department is provided as an attachment to this briefing. In addition, each vendor has agreed in writing to continue to provide services at the original and/or amended terms, conditions and pricing structure set forth in the bid awards. The purpose of this briefing is to present these contract extensions for approval.

Operational Impact Below is a summary of the functions of each contract and the comments received from end user departments.

Bid No. 2011-106·5755 Annual Contract for Document Destruction Services This contract is utilized by Records Management Department to provide document destruction services of paper containing confidential or personal information from various Dallas County Departments. Records Management reports the vendor has performed excellent services over the past twelve (12) months.

Bid No. 2012-085-6112 Annual Contract for the Purchase of Anionic Asphalt Emulsion

Bid No. 2012-091-6149 Annual Contract for the Purchase of Polyester Tray Sealing Film This Contract provides the Sheriffs Cook Chill Facility Tray Sealing film to use with the Tray Sealer machine to wrap and seal 40 trays per minute in the Kitchen Facilities. Cook Chill Facilities reports the Vendor has performed excellent services over the past twelve (12) months.

211

Financial Impact Funding for each contract has been provided in the allocated budget for each user department. In the event the contract is revenue producing, the fund receiving the revenue has been identified.

Legal Impact Each vendor listed has agreed in writing to extend the contract at the original and/or amended terms, conditions and pricing structure set forth in the bid award,

Recommendation The Purchasing Department recommends the extension of the annual contract as listed in Table I. Individual court orders will be prepared for each extension on the next available formal agenda.

r~~~ -" ""----------! ~-"

-,--- ~--"------------

Annual Contract Extensions for September 3,2013

~~T~itl~e~~~-r~A~w~a~rd~e~d-V~e-"d"(:' I E~~:;~d -;"e~-I-E~x~te~n~S~io~n~period ~~t~~~~~~;

2011-106- i Annual Quote for AmericanShreddlllg I EX$;~~es~~~~~nt October 10, 2013 2 5755 . Document , Management thru October 11,

'~ Destruction I 2014 Services '

20~~~0285- ~:n~~~~~~~a~: forT ""Apac"Texas, Inc, "1-$5'224t:~~~:~~ I sepie~~Oe~g~26131 I Anionic Asphalt I September 3,2014 'I'

I Emulsion i I ---i 2012=091--1 Annual Contra"':! Transilwrap Co. "-"$ 72,817 Sheriff Cook October 8, 2013--2"~" I

6149 i for the Purchase of Chili FacIlity through I I Polyester Tray October 8,2014 I J U:>Elillil1(LflllQ_ I ,~_~ __

Bid/RFP ["

N ~

N

213

DALLAS COlJNTY PURCHASING DEPARTMENT

August 16" 20 J3

Paui Simonctte,Security Risk Manager American Shredding Enlllil:paui.:(iiarnericansbredding:"om

Reference;

Dear lvir., Simonette:

Thc-aforementkmeq contract between. DaHas Connty and your company wiUexpire on October 1.D" 2013. Th.e Da.Itas County Purchasing Depr-t,.'i.ment -]-s, requesting ,that,your'oompany, exf;>';lld- this (juntra:ct for an :add itiona! twelve: month. periodto'-lnclude'te.nr,s;·oonaitions'and piicing-set-forth lD the, original bid: award.

If you',are interesteo',·in-ex.'1ending the- current .COD,IT'dct-1or an' .'ii'dd.ifionaltweJve_-.month period,. pJease c{)!lJplete the fonn heiow -and' retunr,by' Augllst 2 7"t 2m 3. -if yc)U':desire- to :.emend 'this contracT' we' wi!! also -need an updated" insurance cerim,cate and, a current V Clidor Statistical 'Report. (attached)..

Should you 'have. ·any ·questions pieaRe'feel free to 'contact me at 2l4~65.3-743 7.

Sincerely,

Ruthle Simpkins, B~yer DaHas.County' Purchasing Dt;partm.ent

PI-ease check one:

Yes f/"""' 1 agree to el':telld th.e,conl'ract with Dallas COUIliy at the prices esmbLlshed in Hid No. 20U-I06-5155 for an ·additional tweive month .period.

Primed Name ·auG "fiue

Date: -'+.~'.f-,,-,,-- ...... ,---

509Mam Street, Suite 623, Dallas Texas 75202,3340 (214}fi53-7437 .. Fax (214) 653-7878 "[email protected]

214


August 15, 2013

TO: Donna Henson, Records Management

FROM: Ruthie Simpkins, Buyer

SUBJECT: Bid No, 2011-106-5755 Annual Contract for Document Destruction Services

Bid No, 2011-106-5755 is the Annual Contract for Document Destruction Services and the current vendor is American Shredding" This contract will expire on Octoh~,tlQ" 2013, 811d there are extension options le1\ on thiB contnlCt. As the contract manager your department has O)Yee options:

Option 1:

Option 2:

Option 3:

Exercise the extension option set forth in the bid based on existing (erms and conditions, no changes are required or allowed. to the contract

Re-bid this contract. If Y0ll!' department chose tore-hid please ltpelate any required revisions to the specifications, tem,s, conditions, and requirements, Acopy ofthe curren! specifications is attached,

The servi.ces and/or goods stated in this contract arc 110 longer required hy this department. Please cancd an future soHcitation requests relating to this contract

Please return tljis foml, signed and completed, no later than August 26,2013, Should you have any questions, please contact me at 214-653-7437. YOll!' cooperation to this matter is greatly appreciated.

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653·7437. Fax (214) 653-7878· rsimpkins@dalluscounty,org

215

REPLY: Upon review of the aforementioned contract: (Please initial one only and sign below),

d~/ U-f Services cUl1'ently perfom1ed by the Contractor are in compliance with contract requirements, As a result ofthe contract extension options contained within the solicitation, this department reqnests that the contract is extended fot an additional Twelve month period, lfyou!" department chooses to extend, how would you rate vendor performance for the requested services and/or products over the past months') (This surveyiniormation is required iniormation on each contract per Commissioners Court),

L How would you rate each vendor's quality of work perfOlmed? 4- Excellent, 3-Good, 2-Satisfactory, or 1- Poor,

Please state response here, 4

2. Was work completed or products delivered in a timely manner? 5-Always, 4-Most of the lime, 3-Some of the time, 2-Seldom, or I-Never,

Please state response here: 5

3. How would yon rate each vendor's responsiveness to Dallas County inquires or problems? 4-ExcelJent, 3-Good, 2-Satisfactory, Or I-Poor.

Please state response here, __ 3,,-__

4, How would you rate each vendor's overall performance for the requested services/and or products over the past 12 month? 4-Excellent, 3-Good, 2-Satisfactory, or I-POOL

Please state response here: 3

5, Have you had any problems with the current vendor? Yes XXX No. ___ .. [fyes, state the problem: Reimbursement (or freight cilarges from Nov, 2012 (mel Jan, 2013 ($130 tolaf! Itas not bee/! received. Payment/or December 2012 milu!r\, had not been resolved. Mv records show $92.25 is due to Dallas County. I have re"!lested verification o{pawnent or pClvnrent.

Please elaborate on any areas of concom or where improvement is required,

Re-bid this contract. Revisions are required ami have been made (see attached),

[ 1 Services and/or goods slated in this contract are no longer requited by this (~"" d. ep'tt' rtl Cdt,. Plea. so cancel all future solicitation requests relating to t. his contract. n ,\ -L.) 0/ / '2 "¥_~I '~k>0'!J(1/,-/ 0 /15 ! 10

COntrac? Managc1 Authorized Signature i /lJate

Printed Name: DonIWI(. Henson, Records Manarremeflt Officer

August I~, 2(1)

/\PAC·Te"" lne. 1'. O. Box 224()4~ Dallas, TX, 75222-4048

216

DALLAS COUNTY

PURCHASING DEPARTMENT 509 Main Street 6th Floor Room 623, Dalla, lX. 75202

Subject Bid No, 2() 12-0~5-6112- AJlnual Conlmcl [or Anionic i\!;phull Emul,ion

Mr. Stephen Kuooce,

Thi~ COHlnlcl C(Hi1.um;;; provision for extension and !l1<ly be extended frona Septemher 1, 2013 to September 3,2014, All term'S) conditions and pricIng structure of the onginal cnntract wJ\l he unchanged through the extension period l:xLx:!Jl <IS pwviue.u in the contract.

The purpo,e of this leiter is 10 solicit your intentions regarding the extension of Ihi" contract It uue, nol conslilutc n corHmctual commitment. Your response will he an offer of extension to Dallas County. It will he reviewed by the County for compliance with contmct term!=; ane! c()ndi!:i()t1~, Acceptance ()f Ihis. nffcr :1rld contrri.ctua! commitment will occur with thc puhIlca(iOIl or ,l- rcv.ision !u lht! (;ontracl stating (he e>:lension period i.lnU other revisions,

/\..II extensions of the proposed Cl)utract will b~ b;}~ed l)!l the llvil.ilabilHy l.)f dcpaf'llllcnl'a! fUl)ding. vendot' pelforrmmc;c, mutual ugreemem hy afI parties involved ,'lnd the finnl approval by the Daf!as CounTY C()mmi~::;i()ners Court.

Pkasc indic:'!ic below your intentiuns rt.'igurding the e'Xten~ion of thi::.. contract ilm! return the .signed klLcr along With any updated B£O I form (attached) to the Dallas County Purcha<t ng Department via fax (214-653-7878) nO hue[ August 23, 2013,

Sincerely,

Steven Willi"ms Buyer

/ Yes, we herehy offer to extend this contract

____ Nu. wo do not wish to extend this contnlet

1T 2/· .2-013 Dale

PritllC<i Nome: ~{!,::::..:...M~/:...:t5~M---,-..:./.::t-...:.It..:.a:..'...:.(;-,-I __________________ _

C: File: 2012-0HS-G 112

From:DALLAS COUNTY DISTRICT 4 214 337 420-%17 08/19/2013 08:31 #165 P0021003

DALLAS COUNTY

PURCHASING DEPARTMENT 509 Main Street 6th Floor Room 623, Dallas TX. 75202

August 13,2013

To: Mr. Don Kennedy Mr. Clarence Lochabay

From: Steven Williams, Buyer

Subject Bid No. 2012-085-6112 - Annual Contract for Anionic Asphalt EmisslOTIO

The aforementioned contract, as awarded to APAC-Texas, Inc. due to expire on September 3, 2013. As the Conn'act Manager for this service andior goods your department has three (3) options:

Option 1:

Option 2:

Option 3:

Exercise the extension option set forth in the bid based on existing terms and conditlOns. All extensions are subject to final approval and authorization by the DaIlas County Commissioners COlLet.

Re:bid this contract. If, your department chooses to re-bid, please update any reqliired reviSIOns to the specifications, terms, conditions, and requirements.

The services andior goods stated in this contract are no longer required by this departrnen t. Please cancel all future solicitation requests relating to this contract

Please sign and retum this form with all oomments andlor revisions (if any) to the Purchasing Deparbnent, Attn: Steven Williams, no later than August 19, 2013. Should you have any questions, please contact me at 214-653-7434. Completed forms can be faxed to 214-653-7878. Your cooperation in this matter is greatly appreciated.

REPLY: Upon review of the aforementioned contract: (please initial one only and sign on the follOwing page.)

[v{~ Services currently performed hy the Contraclor(s) is/are in compliance with contract requirements. As a result of the contract ek'1ension options contained within the solicita6on, this department requests tbat the contract be extended for an additional twelve (12) month period. If your department chooses to extend, how would you rate vendor performance for the requested services andlor products over the past 12 months? (This sorvey information is reqnired per Commissioners Court request).

1. How would you rate each vendor quality of work performed? 4" Excellent, 3-Good, 2-Satisfactory, or 1- Poor. Please state response here»_",,,,,'l __

2. Was work completed or products delivered in a timely manner? 5"Always, 4"Most of the time, 3-Some of the time, 2-Seldom, or I-Never. Please state response here»--=4,-_

3. How would yOU rate each vendor's responsiveness to Dallas County inqUlrics or problems? 4-Excelient, 3-Good, 2-Satisfactory, or l-Poor.

Frorn:DALLAS COUNTY DISTRICT 4 214 337 42~18 08119/2013 08:31

Please state response here» __ _

4. How would you raie the courtesy of the vendor's employees? 4-Excelient, 3-Good, 2.SaEisfactory, or I·Poor Please state response here»...."J'---_

5, How would you rate each vendor overall performance fOT tbe requested servicesland or products over the past 12 months? 4-Excellent, 3-Good, 2-Satisfactory, or I-POOL Please state response here»~J,--_

Please elaborate on any areas of concerns or where improvement is required:

Please re-bid this contract. Revisions are required and have been made (see attached).

Services andior goods stated in this contraCt are no longer required by thIS depa!1ment. Please cancel ali future solicitation requests relating to this contract.

'e or Contract Manager

/ ~J ~~bS Printed Name (from above):_..::,-",,:.....4....j':Lc. >I .. v """=--______________ _

C: File Bid No. 2012-085-6112

#165 P003/DD3

219


August 23 ,2013

Rod Nelson. Tn.Ulsilwrap Co. Inc "Ernul!: Rod J\Jeison0}Trallsi lwrap.com

Refer(;.\Dce: Bid No. 2012-091··6149 for Purchase ofPolyc.st'er Tray Scaling FiJm

Denr Mr. Nels(Jn:

The 8forementioned contraet between Dallas COUIllY and .\/our company will cxpir~ on OClober g, 2013, The DaLlas County Purchasing Depart.ment is requesting that your company extend this contract' for an ad.ditional twelve month period to inciude krms, conditions tlnd pricing set forth in the origInal hid award.

If you arc interested in extendillg the current contract for an additionai twelve month period, p-least; complete the. Form below and return by Augus! 28tbJ01.3. If you desire to eXTend this contract we will also need a.n updated insurance certificJ.te ilnd a current Vendor Statistical Report submitted.

Should you hllve any questions please reel lj'ee to contact me at 214··653-6223,

Sincerely,

C fiarLes Price Charles Price, Senior 8uyer

PJellse check nne: Yes ~L",,_l. agree to extend the contract \-"ith Dallas CDlIfHY ht the prices established in l.'5\d No 20 1.2-t)91-6149 for an additional twelve month period,

No r cannCit extend Ihe contn,'lct beyond October fl, 2013,

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653-6223 * Fax (214) 653-7449. charles,[email protected]

220

, .. ~"

';k' ".:..,~ -'

"


October 24, 2012

TO: Diane Skipworth, Mark Pemberton: Cook Chill Facility

FROM: Charles Price, Scnior Buyer

SUBJECT: Bid No, 2012-091-6149 Purchase of Polyester Tray Sealing

Bid No, 2012-091-6149 is the contract for Purchase ofPoJyester Tray Sealing Film, This contract will expire all October 81b, 2013 and there are two extension options left on this contract As the contract manager your department has three options:

Option 1:

Option 2:

Option 3:

Exercise the extension option set fortb in the bid based on eXisting terms and conditions, !!Q changes are required to the contract

Re-bid this contract If, your department chose to re-hid pi ease update any required revisions to the specifications, temls) conditions, and requirements,

The services and/or goods stated in this contract are no longer required by this department Please cancel all future solicitation requests relating to this contract.

Please return this form, signed and completed, no later than August 14th, ShoUld you have any questions, please contact me at 214-653-6223, Your cooperation to this matter is greatly appreciated,

REPLY: Upon review ofthe aforementioned contract: (Please initial one only and sign below),

[ v(' Services currently performed by the Contractor are in compliance with contract requirements, As a result oftbe contract extension options contained within the solicitation, ihis department requests that the Gontraet is extended for an additional twelve month period, If your depa!1ment chooses to extend, how would you rate v~ndor performance for the requested services and/or products over the past rnollthsO (This survey information is required per Commissioners Court).

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653-6223. Fax (214) 653-7449. charles,price@dallascounty,org

221

I. How would you rate each vendor quality of work perfonned? 4- Excellent, 3-Good, 2-Satisfactory, or J- Poor. ,I

Please state response here:_7L-._

2. Was work completed or products delivered in a timely manner? 5-Always, 4-Most of the time, 3·Some of the time, 2·Seldom, or I-Never.

Please slate response here:2_

3. How would you rate each vendor's responsiveness to Dallas County inquires or problems'.' 4-Excellent, 3-Good, 2-Satisfactory, or [ .. Poor.

Please state response bere:~_

4. How would you rate each vendor overall performance for the requested services/and or products over the past 12 month? 4-Excellent, 3-Good, 2-Satisfaetory, or I-Poor.

Please state response here:~_

5. I-lave you had any problems with tbe current vendor') Yes_._. ___ No_~ If yes, state the problem:

Please elaborate on any areas of concern or where improvement is required:

[ J Please re-bid this contract. Revisions are reguired and have been made (see attached).

[ 1 Services andlor goods stated in this contract are no longer required by this department. Please cancel all future solicitation requests relating to this contract.

Contract Manager Authorized Signature

Printed Name: !1&-r-L£ir~ ----.~-----

222


September 3, 2013

TO:

THROUGH:

FROM:

SUBJECT:

Background

Commissioners Court rf(6 Shannon S. Brown, Purchasing Agentq§

Charles Price, Senior Buyer

Award Recommendation for Bid No. 2013-055-6368 Contract for the Purchase and Installation of a Glass Refractive Index Measurement System

On August 12, 2013, the Purchasing Department received and opened two (2) responses for the aforementioned solicitation, as authorized by the Dallas County Commissioners Court. To assist in the evaluation and recommendation process, the bid specifications required the vendor to provide manufacturer's technical literature and any other related data to allow full and fair evaluation of the offer submitted. Based on review of this information, the apparent lowest bidder does not meet requirements of the bid specifications. The purpose of this briefing is to recommend an award to the lowest and best bidder meeting all minimum specification requirements.

Operational Impact The glass refractive system will be utilized by the Institute of Forensic Science to provide a fully-functional index measurement system for use in the crime laboratory. Furthermore, the automated measurement systems are used in a capacity to measure the ability of glass to bend or refract light. The data is then compared against physical evidence as part of criminal investigation.

In sections 5.2.8, 5.2.9, and 5.3.10, the technical specification included a requirement that the system would perform refractive index measurement at 3 wavelengths of light. These wavelengths of light are used for forensic glass analysis, and are specifically cited in SWGMAT(Scientific Working Group on Material Analysis Testing) guidelines for best practices in glass refractive index determination.

After reviewing the submitted bids, it was determined that the apparent lowest bidder, Craic Technologies, did not meet all specifications of the bid. Dr. Timothy

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653·6223 • Fax (214) 653-7878. [email protected]

223

Sliter, Chief of Physical Evidence, has provided the attached letter documenting the review of the proposals and areas of non-compliance. In addition, the attached bid tabulation summarizes the bid responses:

The second bid was for the FFTA Light Processing System from Foster & Freeman USA. This unit meets all of the requirements as stated in the specifications and is recommended by the department for award.

Financial Impact Below is a summary of the bid responses:

~.. Supplier I' Manufacturer I Total Cost '1

. I (including installatiolll Craic Technologies i RIQ Refractive Index i $45,505.00

I I Qua ntific"'a-7tio::;:n:'-_-:-_-+-;;:-::-:-::=-;:-::; ___ --j

Foster & Fre-e-m-a-n-:-:U-=S-:A-+'I -;OFC=F;;;T""A/7Ught Processing I $54,699.22 i . system (GRIM_~.L) ___ '-. ____ _

The additional cost of the recommended FFTA/Light Processing System Foster & Freeman USA Inc. is $9,194.22. Funding for this equipment purchase was approved in the FY2013 budget process.

Legal Impact Local Government Code Chapter 262.027(c) requires that the apparent low bidder be notified of the proposed award and be given an opportunity to appear before Commissioners Court to present previously unconsidered information. The attached notice was sent to Craie Technologies on Wednesday, August 28, 2013 via email and fax.

Strategic Plan Compliance The recommendations included in this briefing are consistent with Dallas County Strategic Plan, Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible and accountable governance.

Recommendation The Purchasing Department, in conjunction with Institute of Forensic Science, recommends Bid No. 2013-055-6368 Contract for the Purchase and Installation of a Glass Refractive Index Measurement System be awarded to Foster and Freeman USA, Inc., the lowest and best bidder rneeting all specifications.

Should the Court concur with this recommendation, a court order will be scheduled for the next formal agenda.

224

DALLAS COUNTY

SOUTHWESTERN INSTITUTE OF FORENSIC

SCIENCES

lllfYSlCALEV11}KNCF. SECTION 2355 North StemmOlls Freeway

Dallast Texas 75235

MEMO To:

From:

Charles Price, Purchasing Department

Timothy J. Sifter., PhD., Chief of Physical E,idence

David Spence, Trace Evidence Supervisor U'v-! ')

CC: Jeffrey Barnard, M.D., Director

Cathy Self, Forensic Operations Administrator

Dare: 19 August 2013

Re: Award recommendation for a glass retl'active index measurement sy,'tem - RFP #2013-055-6368

This department has reviewed two bids submitted in response to RFP #2013-055-6368.

RFP #2013-055-6368 is a solicitation for bids to provide a fully-fimctionaJ glass refractive index measurement system Ii" use in the crime laboratory. Automated measurement systems ofthi" type are used in a forensic context to measure the ability of glass 10 bend (or refract) light The ability of glass to bend light is a physical property of glass that will vary between samples of glass of different chemical compositions. This physical property is then used as pan of a comparison of fragments of glass collected as pan of a criminal investigation. One example of such a use would be the compalison of fragments of a broken automobile headlight collected at the scene of a hit-and-tun accident with a broken headlight Oil a vehicle suspected to have been involved in the accident. When the refractive indices of two fragments of glass are sufficiently different

j the fragments would be exc:.\uded as having originated from a common source.

Alternatively, when the refractive indices of the fragments are suftlciently similar tben this result would support the view that they came from a common SOUTce,

Glass refractive index measurement instruments are microscopic anaiysis systems that measure the refraction index of gJass at specific, narrow wavelengths ofhght. Generally accepted guidelines for forensic glass allalysis have been published by the ASTM International and the Scientific Working Group for Materials Analysis (SWGMAT). These guidelines establish minimum criteria for automated systems that pedorm glass refractive index measurement. These guidelines and the experience of this department were used to deveiop the technical specifications ofRFP #2013-055-6368.

225

One of the technical specifications in RFP #2013-055-6368 was a requircmen: that the system would perform refractive index measurements at three (3) wavelengths of light. These wavelengths would correspond to the sodium D line (58911Bnometers). the hydrogen C Ene (656 nanometers\ and the hydrogen F line (488 nanometers), These wavelengths of light are typically used for forensic glass analysis, and are specifically cited in SWGtvlA T guidelines for refractive index determinatioll. The technical specific.tim1 in RFP #20 \3-055-6368 that the system must include capabilities at these three (3) wavelengths was included because these wavelengths are commonly used in the forensic community, and are specifically cited in a generally accepted guideline for this type of forensic testing.

We evaluated the two bids that were received for RFP #2013-055-6368. One bid (Foster & Freeman) offers a three-wavelength system at the wavelengths spec.ified in the RFP. The other bid (Craie) offers a two-wavelength system that measures the refractive index at 428 and 589 nanometers, but does not measure the refractive index at 656 nanometers. We therefore determined that the system offered by Craie does not meet an essential technical specification of RFP #2013-055-6368. while the system offered by Foster & Freeman meets this essential technical specification,

On this basis, we are recommending that the contract be awal'ded to Foster & Freeman.

2

August 28,2013

Craie Technologles


Arlene Adolm: Strategic AI!iance Manager San Dimas, Califorllla 91773 310.573.8180 Office 310.573.8182 Fax Email: [email protected]

Subject: Bid Award Recommendation

Dear Ms. Arlene Adolfo:

226

Your company submitted the lowest cost proposal on Bid No. 2013·055-B368 Contracl for the purchase and installation of a Glass Retractive Index Measurement System, However, the bid award is not being recommended to your company due to non-compliance with bid specifications as indicated in the attached briefing document. As a result, the Purchasing Department will submIT a recommendation to the Commissioners Court recommending award of this solicitation to lhe lowest and best bidder meeting bid requirements. ihe recommendation will be submitted based on the foliowing tentative Commissioners Court scheduie:

Submil brieTIng (informal action) Submit courl order (formal action)

September 3, 2013 September 10,2013

The respective documents (briefing and/or court order) may be view on~iine after 4:00 p.m. the Friday proceeding the scheduled court session, by taking the following steps:

1) Click on the following website: http:/Nu'vNJ,dal!ascountv,oro/departmenUcomcrtiaaendaJagenda. P-.bJ2

2) Click on 2013 Court Agenda, 3) Ciick Ihe month of August 4) For the briefing click: Briefing Agenda dated Septemoor 3,2013. The briefing will 00 listed under

Ihe Purchasing Department header. 5) For formal court order click: Forma! Agenda dated September 10, 2013. The caption to the respective Cour, Order will be

Listed wfln the/this document.

Should you wish to dispute the recommendation, you may address the issue during either of the court sessions noted above by contacting the CommiSsioners Court Clerk at (214) 653·7165 no later than 4:30 p.m. lhe Monday preceding the dale ofthe aforementioned court session.

Should you have any questions concernIng the bid recommendation andlor want to confirm the Court dates, please feel free to contact me at the numoor listed on this letterhead or you can cali the main office number al214 653·6223

Hespectiully

Charles Price Senior Buyer

509 Main Street· 6tl1 Floor - Room 623, Dallas, Texas 75202 P: 214-653-6223/ F: 2"14-653-7878 / charles. [lrice((1ldallascountv.oro

Date:

To:

From:

Subject:

Background

DALLAS COUNTY

August 28, 2013

Darryl Martin Dallas County Court Administrator

Mattye Mauldin-Taylor, Ph.D., Director Urmit Graham, Compensation and Benefits Manager

Workforce Investment - FY 2014

-W

r~

c'~ --J t;:-< ~") -,

Each year, there are a number of decisions required by Commissioners related to employees' compensation and benefits. Traditionally, the Court has made these decisions in the context of investing in their workforce and once these decisions are approved, they are published and distributed to the employees of Dallas County. The Human Resources/Civil Service Department has prepared a number of workforce recommendations for the Court's timely consideration and those recommendations primarily focus on the following major areas: Compensation, Employee Insurance Programs, and the County's Transportation Program. This year, we are in the process of making significant changes to the administration of the County's Workers' Compensation Program; therefore, no statistical information is included. Details of each specific recommendation can be found in:

• Tab I - compensation (pay increases) information will be presented at a later time; • Tab 2-3 - introduces and presents an overview of the County's current insurance program as

detailed by Towers Watson, United Healthcare and the PEBC; • Tab 4 - presents information related to the new medical insurance programs (enhanced PPO

and the Account Based Healthcare Plan(ABHP), with a Health Savings Account (HSA) component; the proposed rates and the deciSions required by Commissioners Court to implement the two insurance programs;

• Tab 5 - presents the Communication Proposal; and • Tab 6 - presents the County's Transportation Program.

I forward these recommendations to you for your determination on how you want to present these to Commissioners Court.

Operation Impact The decisions made by Commissioners related to these recommendations are critical for implementation of the programs for FY 2014 and the Insurance Plan Year 2014.

Financial Impact The required decisions will have significant fina?Fial impact on the workforce, one of the largest line item in the adopted budget. .

K: mmtaylor-workforce investment-2014

alsmith

Typewritten Text

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Typewritten Text

HANDOUT

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Typewritten Text

Strategic Plan Compliance The recommendations included in this briefing is consistent with the Dallas County Strategic Plan, Vision 1, Strategy 1.5, Maintain a Strong, Motivated Dallas Workforce.

Recommendation The Human Resources/Civil Service Department recommends Commissioners Court review and make decisions related to workforce investment as put forth in the attached recommendations.

Recommended by:

Attachment: Workforce Investment Proposal

K: mmtaylor-workforce investment-2014

Introduction

For the first time in a number of years, the employees of Dallas County will face significant changes in their medical insurance choices. These choices are being driven by many factors, including the Affordable Care Act, the need for the County to reduce the rate of growth for medical cost, and the changing trends in employer provided insurance programs, all of which transfer greater responsibility and decision making to employees. The adopted changes to the Dallas County medical insurance programs are reflective of the current trend that in all probability will be become the reality of tomorrow, with special emphasis on the Account Based High Deductible Plan with a Health Savings Account component.

Due to the adopted changes, the impact on employees, and long-term continuation of the changes, it is important that certain decisions are made regarding the Employee Insurance Program and that an extensive educational process take place to ensure that each and every employee and dependent are aware of the significant changes to the Program and provide them with the information and other tools to make informed decisions related to their medical benefits.

Prior to presenting information related to the new medical insurance programs (Enhanced PPO and ABHP, with a Health Savings Account), a review of the current insurance programs is included. This review was compiled and includes information collected, analyzed and presented by Towers Watson in conjunction with United Healthcare and the PEBC. The data will clearly show why it is important for Dallas County to take further steps to reduce the rate of growth for the medical cost of its insurance programs.

••• •••• •••• ••• •• •

The Insurance Programs offered by Dallas County to its employees and dependents include:

Basic Programs:

Medical

Dental

Basic Life

Long term Disability Employee Assistance Program

Medical Opt-Out

Additional Benefits: Health Care Spending Account

Dependent Care Spending Account

Optional Life

Dependent Life

Long Term Care

••• •••• •••• ••• •• •

The information presented to the Commissioners Court will illustrate the Dallas County Medical Program and it will compare Dallas County's Program to (1) other entities in the PEBC - Tarrant County, Denton County, North Texas Tollway Authority, and Parker County (2) other public entities in the United Health Book of Business in Texas referred to as PEERS and (3) all public and private entities in United Healthcare Book of Business referred as BOB in the documents.

Healthplan Performance Review Public Employee Benefits Cooperative January 1, 2012 to December 31,2012

July 12, 2013

'1 I Ill, U 't dH 31th ., PUBLIC EMPLOYEE J)) TIl e e care BENEfiTS COOPERATIVE'"

A little History PEBC Combined

~J UnitedHealthcare· y

• UnitedHeaithcare selected as PEBC self-funded medical plan vendor effective January 1, 2011

- EPa Plan / PPO Plan

- I~ ive year rate protection

- Additional disease management programs include diabetes, coronary artery disease and asthma

- Nurse Line added effective January 1, 2013

• Significant change in process

- PEBC approved HDHP with HSA, enhanced PPO Plan and elimination of EPa Plan effective January 1, 2014

COnf!rlf-nkdl"rop,-nJl-lfJ!"ltt,"(lHI_',W (-(lUP D().,(li.-j.,;tt.;;IL • .;' ,-,,":hh,~I,,'!Hh Ji'-C:"f-.I·- "I..,!:,lioH' ·:Ht,-,,~k~.t~11 (:r-'

Agenda ~J UnitedHealthcare

• PEBC Benchmark

• Healthplan Performance Overview: PEBC Combined Current period: 1/1/2012 to 12131/2012 paid through 413012013

Prior period: 1/112011 to 12/31/2011 paid through 4/30/2012

Peer: Public Sector Customers in Texas (220,000 self funded members)

BoB: UnitedHealthcare book of businf:lSS (private and public sector)

Wff.il,timat"that97% of clainls forthis tiln" pe~i6cJhave beencollede~ All reports arepased orl collected data " - - - ,

The Peer and BoB gmups are averages and have not been adjusted to' matcll thecharacteristics(e.gage,gender,etc)6fthecov";ed population except where "pecifically noted. ' . . .

For this presentation, the high cost threshold is $50,000. 'Non-HighC1s1' excludes all medical pClymentsfor high CDS! cl"imants.

lIiIedicare Primalymembers are excluded.

Information presented is specific to m"dical costs only (excluding outp~tient pharmacy and mental health costs). ' ...... .

20i1Public Sector Customers in Texas was 95,000 self-funded memb~rs due to incre'lsein volume of Gustomers in,rnarket anciinCr';'ased V91Yme of memb",rsfor mallY c[JstQmers

This presentation was pl-epared solely for the purpose of describing UnitedHealthcare's products andlor services provided to the recipient of this report This presentation. inciuding but not limited to ItS. conient and forn.-Iat is considered cont'identia! and propnetary information ~Y UnitedHealthc3r8. Recipient shail use this presentation solely .tor the purpose of plan administration In conjunction With products and/or services provided to the recipient by UnltedHeaithcare. Any use, copymg, or distnbution of this pl-esentatlOn Wltiwut the express "vriUen permission of LinitedHeaithcare is prohibited.

Confidential Property of United Health Group_ Do not distribute or reproduce without express permission of UnitedHealth Group

PEBC Benchmark By Group

Dates: Service January - December 2012 paid through April 2013

Pop41C11ion MeCl$IJ[1;l$

Member$ .

rw\1rCJge~i3mily$i?:e

Ag\ilGencler F;,jGtor

% Female Members

Cli3im Ri!';1<

. Fin<lnci<ll Nle<l5lJf€1s

Net PaiqPMPM· .

09$t Sh;;lr!'l(Mlilgic;;l1 Only)

Peci&ion Makin£!

Network UtiIi?alion

Penton County,

EmergercyRoQmVisiISPer1,OO() ! 21214.li ..

Wrg\inl Ci3re Vi$its.per 1,000 . 23!M 307.3

PhysiCii3nQffiGeVisitspeFMem~E1r perY~i3r4.$6 . Premium Designationl)tilizalion 4e,(3!l(o li3.(3%

%·of Adulf~'whohi3da WelinesSE:;X;;lm'4P.§%' 36.9%

, NTifA

24('H;i

2(39.6 .

4.;1(3

li1.'1%

$!:J:I~%

Pari<er

2.00

1.155

li2.0%

20$9

64.S

4.69

45.5%

30.6%

Confidential Property of United Health Group. Do not distribute or reproduce without express perm'isslon of UnitedHealth Group.

~ UnitedHealthcare"

.2.08 , ':: - ',":\-';

1.124

li3.1%

245,$

384.8

. 4.4&

48,4%

'39.9%

1.91

1.094

li$.(3%

22li:3

294.9

4.27

49.$%

$9.:;%

2.13'

1,027

48:6%

195.9

2.16

56.0%

37.0%

Demographics PEBC Combined & By Employer GroLilP ~I UnitedHealthcare

Costs are above age/gender adjusted expectations

Dallas County

Pemographics '

I • Einolled Employees

Enrolled Members

Average FamllySlze

Average Member Age

% Female Members

Age f Gender Facto!

Net Paid PMPM!by Group ,'2011 lil2012 !JAge/Gender A~justed Peer • Peer

Denton County NTTA Parker County

Dallas County Denton County NTTA ~ 2011 ' 2012 2011 2012 2011 12012

5,768 5,575 1,382 1,375 588 623 400 385

~,657 9,861 2,728 2,705 1~56 t2~4 808 770

185 177 197 1.97 2.14 2.1)0 2.02 2.00

33.5 34.0 33.1 33.3 322 33.4 35,3 35.8

54.7% 55.0% 532% 53_1'10 518% 51.9% 50.8% 520%

1062 1081 t059 t065 1009 1037 1145 1155

*Refer to Appendix A in bottom right corner for Group Specific Information

!.-

ConfidenliJl Property of UnitdH::' dll] 0,· \\I~\ D0 Jl~': ~ Ii A!)-'U~- 01 I; ;: JuJl.,.' r'.'ll, II :1 "X!_'Ic;~S ~ ;j'J 11 i('il ._ f l:, .,It:l1r;.- "lin ( j()lIP

Tarrant County PEBC Total

PEBCTotal Peer BOB

2011 2012 2012 2012' 3,736 3.724 11,875 1t6B3

7,790 7,760 23,240 22,341

2.09 2.08 196 191 213 221

34.7 34.9 33.8 343

531'10 531'% 53.7% 538% 48.6% 50.6%

1118 1124 1080 1094 t027 1084

Medical Financial Performance ~!J UnitedHealthcare PEBC Combined & By Employer GroLiP

Costs remain above peer in part due to rich plan design, higher age/gender risk, lower network utilization, higher disease burden & higher cost associated with managing Gonditions

Dallas County Denton County . NIT" Parker County Tarrant County PEBC Total Peer BOB

Finangjal Meas",.' - ~ .- -2Qll 2012 2011 2Q12 2011 . 2012 1_-.1 2011 2012 2011 2012 2012 2012

1--c~-ver6dExp~nSe$~p-M-PM-- -'--.- ---- $358.05 "$412,1) - ~5-04.-96 - $465.84 -,n~329.62 - $463.02 $447.92' $4a2,05--~~$"4-18A4 $-444.61" $397.12' $431ii3"'"' $375.34 $365.45

~ ~~s~ ~~~ .~~~~~~~~~~~"~ ~. Y ....... v u .. " ••• ~ ~"~~~~;~~~' ! ~ ;~1.~·5! 1 .• ~ ~'?~~;~~ .. P~~~~~?~?;: h~ ~~?~~~~~ .. ~.~~.~~;~~ .. ~ ~~~?~ ~~~ .. ~. ~~~~~:?;: .. ~ ~~'~~1-?~ .. ~.~~~~?,;~: .. ;~ ~~ y~~~:~ .. ~~ ~~~;J!~~ .. ~ ~J~~~ ~~~ •• ~ .t:~~;;!: NetPaldPMPM $325.08 1373.99 $469.50 141729 $304.60 1367.43 $390.29 $430.89 $384.\5 $407.47 $363.31 $392.46 $322.98 $312.18

Non-HighCostPMPM $2i5.S8 $233B7 $255.52 $258:3 $227.17 $248.44 $228.30 $213.83 $242.78 $267.24 $230.64 $248.44 $205.05 $205.03

. • , •••• )jjgl\\;QJi\P.MP.M ........................ U1.Q .. '!l ....• tllQ.q ..... Jla1;t~1. .... UiUl ..... U'.4~ ..... ~,1P.RQ ..... ~1W'~g .... t"llJl§ ..... $».m ..... $.l\Q.<~ .... ~!<aiil ..... UH.Q< ..... MI.~' ..... ~.1l1.11. III High Cost Content 33.6% 37.5% 45.6% 38.1% 25.4% $2.4% 42.8% 50.4% 36.8% 34A% 36.5% 36.7%

III Ne1 Paid PM PY $3,900.93 $4,487.91 $5,633.95 $5,007.52 $3,655."9 $41409:15 $4,79146 $5,170.63 $4,609.85 $4,889.59 $4,359.67 $4,709.48 $3,875.78 $3,746. "IB

• Non·HighCostPMPY $2.59178 12.804.02 13.066.25 13.098.29 $2.726.04 $2[98125 $2.739.63 $2.565.93 $2.gn.39 $3.206.83 $2.767.67 $2.98122 $2.460.62 12,460.31

III High Cost Ne1 Paid PM PY $1,309.15 $1.683.88 $2,567.69 $ 1.909.23 $929.15 $1\427.91 $2,05183 $2,604.69 $1,696.46 $1,682.75 $1,592.00 $1}28.25 $1.415.13 $1.285.87

lEI Covered Expenses per Claimant

III Net Paid per Claimant

iii Non-HighCost

III NetPaidperHighCoslClaimanl

III Paid by Plan (Cost Share)

III Network utilization

III Network Discount Percent

$4,815

$4,371

$2,941

$119,245

92.5%

93.4%

56.8%

$5,331

$4,837

$6,430

$5.978

$5,697

$5.1>4

$3,069 $3,308 $3,212

$118,605 $136,778 $114,766

92.7% 94.2% 918%

93.3% 93.7% 92]%

55.4% 55.5% 56.9%

$4,2#

$3,894

$2,934

$97.251

92.6%

93.4%

56.5%

$4,980

$~,541

1$,122

$~8.Bll

~2.1% ..

~19%

55.9%

$5,752

$5,128

$6,135

$5,537

$5,427

$4,983

$5,6"9

$5,"\50

$2,999 $2,827 $3,206 $3,431

$97,522 $1)0,281 $ "(12,445 $114,545

89.8% 90.4% 93.7% 93.1YQ

93.6% 94.9% 95.4% 94.4%

60.'1·% 59.0% 53.4% 52.9%

*Refer to Appendix A in bottom right corner for Group Specific Information

Ii Cl)!lfkl~.nfl;il f'rc\.o~riv of iJnli.;!:IIlt"lltl"l (,I')lI,J [l" c. I!~.:.il,,'j,."· O! r'-'j1ld,L:( ,. '.k'· 11\' <'-:>'<1.:1 '!" ···.-F 1(""'1" ,', 'C'

$5,218

$4.774

$3,077

$113,709

93."P/o

94.2%

55.6%

$5,487

$4,987

$3,208

$113,892

92.6% 87.9% 88.0%

93.6% 95.1% 95.0%

54.9%

High Cost Claimants (>$5Qk) PEBC Combined & By Employer Group t~ UnitedHealthcare'

Increased volume of high cost claimants mitigated slightly by decrease in net paid per high cost claimant

High Cost Net Paid PMPM by Diagnosis Gro"l'.

02011 [ill 2012

Neoplasms $27.14

High Cost Clainjants

Circulatory System High CostClaimanls per 1000 Enrolled

Musculoskeletal System

Injuries and POisoning ~J!!k!!:~ :11~::

i _~/.93 Genitourinary System IJ¥MI:~J $9.65

% of Members

Average Nel Paid

Net Paid PM PM

% ofT olal Net Paid

Dallas County Denton County . High Cost •

• .. HIgh Cost Claimants per 1000

High Cost Net Paid PMPM

High Cost Content

2011 2012 2011 2012

1198 14.20 fi.40 13.64

$1)9.1) $140,32 $213.97 $159."0

33.6% 37.5% 45.6% 38.1Yc

9.55 "6.08

$nA3 $116.99

25.4% 32.4%

2104

$170,99

4:~.8%

Variance From Variance From

2011 2012 Change Peer BOB

317 339 6.9%

13.6 15.2 A 11.2% ... 35.3% it. 47.2%

1.4% 1.5% 0.2 0.4 0.5

$116,709 $113,892 -2.4% V -6.1% v -5.1%

$132.67 $144.02 8.6% it. 22.1% A 34.4%

36.5% 36.7% 0.2 0.2 2.4

Tarrant County! PEac Total Peer BOB 2011 2012 2011 2012 2012 2012

25,97 "'5,56 14.69 'a.54 1i17 1122 11.31

$2ff.06 $141:37 $140.23 $132.67 $144.02 $117_93 $1)7.13

50.4% 36.8% 34.4% 36.5% 36.7% • .. High Cost Net Paid PMPY $1,309.15 $ \683.88 $ 2,567.69 $1,909.23 $929.15 1,427.91 $2,1)5183 $2,604.69 $1,696.46 $1,682.75 $ 1,592.00 $t72B.25 $1415.15 $1,285.87 .. Net Paid per High Cost Claimant $113,245 $113,605 $1:16,778 S 114,766 $97,251 $88,813 $97,522 $1}0,281 $112,445 $114,545 $1"6,709 $113,892

'Refer to Appendix C in bottom right corner for Group Specific Information ,

" Confic1i.'·ntidPrr,·.rty\)1'U.:i,·jH d':I' \~;; ;.-",1' ]luuk" ·'Vl.U·.c.:" :1._'11. IJI.- _1,.ljJl_,,)II(iT:JI,ikdij'.d.:i'IU ',1,,)

Utilization of Preventive Care Services Dallas County

~J UnitedHealthcare"

Overall, preventive care & screenin~gs are above peer and BoB

Utilization of Pre\fentive Care Services 60.0%

50.0%

40.0%

30.0%

20.0%

10.0%

0.0%

Breast Cancer Screening

II! Dallas 2011 42.8%

Iii Dallas 2012 44.4%

.. Peer 2012

iii BoB 2012

43.0%

43.0%

Cancer 1 Colon Cancer Screening I Screening

43.2% 22.8%

41.6% 22.7%

36.0% 17.5%

36.0% 17.5%

Prostate Cancer, Screening /

Screening Lipid Panel ,

28.1% ! 55.4% +_.-... _.-.-.-28.2% 1 56.9% !- -15.9% I 39.0% 1 15.9%

1-39.0% I

Confidential PI Op6fty (if Un:l""dH0i.lith C~ICiUp_ f)(j not <iistilbute or l-epl'odUCe vvithOIH eXpiess permi:;:.slon ot Un:tcdHe8ltll Gh)IIP

Wellness Visit

38.9%

40.6%

36.8%

36.8%

- I

:····Fr--·-: , ,

LT-'

Most Common Diagnoses PEBC Combined & By Employer Group tJl/ UnitedHealthcar6

All PEBC Employer Groups face the same conditions but PEBC consistently has higher disease burden than peer 'red text indicates above age/gender peer _ _ gialmants per 1,000

Diagnosis Group

Diabetes

Diabetes without complications

Diabetes with complications

Hypertension

Coronary Artery Disease (CAD)

Acute Myocardial Infarction

Coronary Atherosclerosis

Congestive Heart Failure (CHF)

Chronic Renal Failure

Chronic Obstructive Pulmonary Disease

Asthma

Intervertebral Disc Disorders

Normal Pregnancy/Delivery

Depression

Breast Cancer

Cervical Cancer

Colon Cancer

Prostate Cancer

*Refer to Appendix B & E in bottom

~ {!l ~.~ t- t- .... m c ~

5 o U .!!Q..::J m en ~..... 0 u

I W ill m ~~ u 0.. ll.. 0.. e>1O tI> _ N NN1iJ:J .!! ...- - T"" - 0):0' "iii ~ ~ ~ ~~«« 0 co I

Z

70.6 73.6 60.0 41.3 730 65.8 78.0

36.9 36.0 35.1 16.2 37.9 29.6 45.8 129.6 135.4 105'.8 82.1 143.1 115.3 132.6

1.9 1.5 1~ 1D 1.1 1.8 0.8 17.1 16.8 16.9 U6 11.0 19.2 14.5

a5 3.8 &2 2.2 3.7 3.3 4.0

7.5 7.6 6.0 3.3 8.0 6.3 4.0

14.4 15.914'.3 14.9 11.0 18.5 16.1 38.7 39.6 36.4 29.9 36.4 43.3 31.4

102.8 109.4 108.7 102.0 92.2 133.1 107.7 22.3 23.4 21.2 26.2 25.3 24.4 25.7 14.2 15.6 11.5 15.5 15.3 6.6 7.3 5.8 /,'.1 6.8 6.3 4.8 6.3 7.5 5.6 7'.2 9.4 6.7 7.2 1.7 2.1 1.5 1.1 2.0 1.8 0.0 3.0 3.4 2.6 ~I.O 2.8 2.6 4.0

COnildenli"ll Propc"!ty 01 Unit .. dHc'Olll;\ GHJ:' U,) I . ll):U ;JUL- uf I ,·IL .'11\.._" v"t!

.i::' c 5 u ~

..m !a

0..

48.1

22.1 135.-1

5.2 33.8

3.9

6.5

32.5 31.2

197.4 14.3 18.2 13.0

5.2 3.9 5.2

~ ::I o u

! 0-

79.0

41.5 133.2

1.7 22.2

4,0

8.1 19,7

44.5

114,7 21.3 20.6

8,1 5.5

2.6 4.1

Utilization by Diagnostic Category Dallas County

l,030,Q 9.82%

Claimants per 1,000 by AHRQ Chapter

1,045.5 9,96%

Pregnancy Childbirth Puerp

II Respiratory Syscem

Nervous Sys Sense Or"gans

~~i!j Injury And Poisoning

Ii!l Digestive System ht%i Genitourinary System

• Circulatory System

II Neoplasms Ii!l Other Conditions II Muskulo Cnetv Tissue

This chart does not represent all Claimants per 1,000, It is qisp!aying only

the top 10 AHRQ Chapters based on Claimants per 1,000.

Confidential Properiy of UnltedHealth Group, Do not distnbute or reproduce without express

10,13°10

i1 ~! UnitedHealthcare~

$95.70 5,10/ 0

[·Jet Paid P('1PJvI b)l AHRQ Chapter

$368.90 19.65% ~--

$61.76 3.29%

$75.62 4,03"/0

9,89%

, - --" '. iE'-~" j C-~_~~"·l_ L~ __ J

Top 10 Drugs

• Represent 17.0% of your total Ingredient Cost and

comprise 8 indications

BoB ""- Express Scripts Book of Business Government - Local market segment

y There may be several drugs from one or two indications that show up in the Top 10 drugs y Highlight drugs wilh significanl % change in PMPM (more utilizers, more Rxs, change in Formulary, expired patent, higher cosl per Rx due 10 higher day supply or quantity, ... ) y This report is ranked by Cost, so it is rare to see a Generic in the top due to Ihe lower cost product

DIV: peQ Report: PUBLIC EMPLOYEE BENEFITS CO-OP PCQ- Dallas County --, Jj EXPR E55 SCRI PTSIIl PROPRIETARY AND CONFIDENTIAL © 2013 Express~cripts Holding Company. All Rights Reserved.

'- 4

Compliance and Engagement Summary By Employer Group Claimants with Chronic Illness Participating in UHC Program

POpl;I/Cltion MeClsl;lfell

M§mber§

QICjimR:h*~.

Evic!em::e j3Clseq MIilc!j¢inlil Cl2Implji3llce

P911gesthle Hei3rt FCjilwe(inc;llldIilS Cjll:mflmber~ witllt:!OHF piCjgnpsi§)

Cqron<!ry AJierypi§<)Clslil(incllli:jes t:!nmember~'lViln~9AP ~i~~n()!?i1il) ' .. Eng<!gemenl

Nqinber~ FlWQllnliPf M<)mben, M~i1ePHeClltl1~NQte. R:eminpi'lrll·

%Qf QqCjiifi<)pMelTlPers ToqC;hec! by a UHO I\lllr$§ .

Oidlas Pentlm

,1 i.49!;j

.43;§% ·43:4% .

%PfTP!'!C;I1~qM~mber$ !;;nr9l1epjn il\).§% ,ilff7% Cl.Qlinicill. Rrggr<lm

%Qf!;nrqll~g. Me,mberll Aptively En9agep inCl Glinic'Cjl PrQ9rClm

. MYlll1c:;·pqm El1g11gement C4;Z:;Z%

, , ,NTTA

" ,

.44.7%

Parker

86 ;1l%

44.0%

89.1%

4g.2%

OJ UnitedHealthcare"

Tarrant

56.1'h/o ';,' ,', ".,

46.3%

\)13 ":12%

43.8%

8J>.9%

138:2%

p1.9%

pEac TQtal

§2.0% (P§er:~7,4%r

;P;Z3 1;2%.

43.7%

8137%

90.3%

i3(Ji3;470/o *Claim Risk: A derived measure of health risk or illness burden used to quantify ,the relative resources expected to be required for medical care

- - ________________ - _ •• __ •• _,' ~ ____ - ~_,_. _____ - _____ , __________ .0 ,_

23 Confidential Property of UnitedHealth Group_ Do not distribute or repmduce without express permission of UnitedHealth Group.

NurseUne implemented 1/1/2013 PEBC Combined

.)~ UnitedHealthcare'

Contact Utilization 3.4%

Subjects 30 Subject Utilization 2.9%

53 SeNces per Contact 1.5 SeNses per Subject 1.8

Service Utilization 5.1%

28 7 1 6 11

I Poison Control-Now 0% care in Physician office Dr Clinic wli 12% Care in Urgent Care Facility 5%

IContact Physician Office/Clinic 51% 21% 100%

The month the 28 164

2,7% 2.4% I ~.5% L~·7% 3,1% 5.9% promotional mailing

24 18 '46 27 138 was delivered,

2.3% 1.7% 4.4% 2.6% 2.6% 5.0% utilization increased.

36 32 64 34 219 1,3 1,3 1.4 1.2 1,3

1.5 1,8 1.4 1,3 1.6 3.4% 3.1% 6.1% .3.3% 4.2% 9.0%

19 11 30 16 104 6 3 3 4 36

5 12 10 40 2 1 0 7 5 10 5 29 8 11 3 37 32 64 34 219

• 13% of members who called were provided informatio!n to avoid use of the Emergency Room

• Continue to promote Place of Service & NurseLine • Strategy to improve NurseLine utilization

~~ror:~I,:-tctrvlnf:'rnIAll<"!lldUmtf;'_;;I:,Hll{~!<-'ltfi ";,-'1 ,Ii .,·It!.:-. i'~.lj'l' '<ill'1Il' 'ill ",jl ,. :-~,:H.· 1-" ';1' II'

Decisions Required ABHP (HSA)

1. Are the premium rates between the two medical programs significant enough to drive selection? __ yes __ "0

2. Will the county allocate "seed" (first dollar) money to the .A,BHP? __ yes no

3. If yes, then how will the Court determine the allocation and how much will be allocated?

i Employee only , Employee + dependents; or

Same amount across the board (Flat rate)

CJ $500 D $500 D $500

D$750 D$750 0$750

0$1000 0$1000 D$1000

4. If "seed" funds are approved, when will the money be available for use by employees? All funds available as of January 1,2014 start of Plan Year Funds will be made available per pay period

5. If "seed" funds are approved, when will the money be available for use by future employees? On the effective date of insurance coverage, prorated from total amount allocated to current employees; or On the effective of insurance coverage, prorated bi-weekly from total amount allocated to current employees.

6. Will amount of allocation change if life event occurs or status change-single to married, etc.? No change in "seed" money allocated - stays the same once allocation is given. I ncrease the amount, prorated based on effective date of coverage for life event.

7. Will the court allow age 55+ to make catch-up contributions? No, can send funds to HSA account on their own Yes, payroll deductions

••• ••• I/il

•••• ••• •• e

Dallas County Medical Plan Design

Current Plan 2013

Coinsurance 90%/10% 80%/20%

9!iNlf-1'9cket(QOB)···.· $7.;0001 $~ ,000 ·S3,50ir/S7,doo M<!1>

Preventive Care 100% plan Paid 100%l'lanPaicj

S25/S30 ·S25/$30

Capay included In Medical only Meglcal ()nlYi OOP

l-lP§llit"I/SWgiiry PlaIlPily~l()O% .. 80%./20% <!fterS200 capay. I

day (max $800)

Emergency Room $150c-walved if • $150 ~ waived!f admitted admitted

(R~) ·$15/ $25/ $50 $15 i S2S1~50

HSA Seed Money n/a nla

Act!.!!!ri"! Value 0.88~0,90 0.7S~0.80

Adopted Plan 2014

80%./20% ~0%/I0%

·$3,9'()l)I$!i;6QQ· S2;500/S5,OOO

100% Plan Paid 100% Plan Paid

$251$30 Subject to deductible ancj

coinsurance

Medi~al and Rx S\lbject to decjuctible and

coinsurance

1l0%12()% 90%/.10%

$150:- waived if Sllbject to acjmitted decjuclible and

coinsur<!nce

$15/ $25 /$50 Subject to deductible. and

coinsurance

n/a $?()O Single I $1,000 family

~, ~',

0;81-0;83 0;S7,....0.S9

••• ••• •• eil!i; .eil!i; •

2014 Proposed Medical Accruals Non Smoking

Attachment A

Dental and Vision Accruals will remain the same ellS in 2013

PROPOSED COVERED PERSON -- MIX AND MATCH Employee Share County Share

Monthly EE Monthly CO Monthly Total Cost Cost EE% Cost CO%

PPO EE $66484 $66.48 10% $598.36 90% PPO Spouse = EE $66484 $398.90 60% $265.94 40% PPO Child = 60% EE $398.90 $179.51 45~fo $219.40 55%

$1,728.58 $644.89 $1,083.69

ABHP EE $703.57 $35.18 5~/o $668.39 95% ABHP Spouse = EE $703.57 $351.79 50QJo $351.79 50% ABHP Child = 60% EE $422.14 $147.75 35% $274.39 65%

----

••• ••• (1 •• (1 .lj;(f

ACTIVE PPO Employee EE + Spouse EE + Chitd(ren) EE + Family

ACTIVE ABHP Employee EE + Spouse

EE + Child(ren) EE + Family

Proposed Accrual Rates CY 2014 Active Employee

(4) Proposed

(1 ) (2) (3) (4) (1 ) (2) (3) Total Current NS Current Current Current Proposed Proposed Proposed Monthly Proposed Employee Proposed Employee County Total Total Employee County Total Towers Employee % of Total County Bi-weeklv Bi-weekly Bi-week! Monthlv Bi-weeklv Bi-weeklv Bi-weeklv Watson Monthlv Blended Monthlv

$30.34 $27303 $303.37 $657.30 $30.68 $276.16 $:106.85 $664.84 $66.48 10% $598.3t

$197.19 $40954 $606.73 $1,314.58 $214.79 $398.90 $613.70 $1,329.68 $465.39 35% $864.2:

$112.24 $373.14 $485.38 $1,051.66 $113.53 $37l.42 $490.96 $1,06374 $245.99 23% $817.7r.::

$279.09 $50965 $78874 $1,708.94 $297.64 $500.16 $797.81 $1,728.58 $644.89 37% $1,083.6

(4) Proposed

(1) (2) (3) Total Proposed Proposed Proposed Monthly Proposed Employee Proposed Employee County Total Towers Employee % of Total County Bi~weeklv Hi weeki v Bi-weeklv Watson Monthlv Blended Monthlv

$16.24 $308.49 $324.72 $703.57 $35.18 5% $668.3i $178.60 $4/0.85 $649.45 $1,407.14 $386.96 28% $1,020.18

$84.43 $435.13 $~;1956 $1,12571 $182.93 16% $9427 $246.79 $597.49 $844.28 $1,829.28 $534.71 29% $1,294.57

SAVtNGS AS A RESULT OF SELECTING AN ABHP PLAN OVER THE PPO PLAN

ABHP Monthly Annual SAVINGS Savings Savings Employee -$31.31 -$3'15.67

Spouse -$78.42 -$941.09 Child(ren) -$63.06 -$7~;6.74

Familt -$110.18 -$1,:122.17

County % of Total Blended

90%

65%

77%

63%

County % ofTotal Blended

95%

73% 84%

71%

••• •••• •••• ••• IIi!lIli!l IIi!l

Bi-weekly Increase

Current vs Prooosed

$0.34 $17.60

$1.2:

$1855

Bi-weekly Increase

Cun·ent vs Pronosed

•• •• Proposed Accrual Rates CY 2014 •• •• ••

Retiree Pre 65 •

Monthly (1 ) (2) (3) Increase

Current (2) Current (3) Current (1) Proposed Employee % Proposed County % Proposed Current

Retiree County Total Retiree ofTotal County of Total Total vs RETIREE PPO Monthlv Monthlv Monthlv Monthlv Blended Monthlv Blended Monthlv Proposed

Retiree $460.10 $197.19 $657.29 $465.39 70% $199,45 30% $664.84 $5.2t

Retiree + Spouse $920.21 $394.37 $1,314.58 $930.78 70% $398.90 30% $1,329.68 $10.57

Retiree + Child(ren) $736.16 $315.50 $1,051.66 $744.62 70% $319.12 30% $1,063.74 $8.4E

Retiree + Family $1,196.27 $512.69 $1,708.96 $1,210.01 70% $518.57 30% $1,728.58 $13.74

(2) (3) CIl Proposed Employee % Proposed County % Proposed

Retiree ofTotal County ofTotal Total RETIREE ABHP Monthlv Blended Monthlv Blended Monthlv

Retiree $422.14 60% $281.43 40% $703.57 Retiree + Spouse $844.28 60% $562.86 40% $1,407.14 Retiree + Child(ren) $675.43 60% $450.28 40% $1,125.71

Retiree + Family $1,097.57 60% $731.71 40% $1,829.28

SAVINGS AS A 'RESULT OF SELECTING AN ABHP PLAN OVER THE PPO PLAN

ABHP Monthly Annual SAVINGS Savings Savings

Retiree -$43.25 -$518.95

Ret + Sp -$86.49 -$1,037.90

Ret + Ch -$69.19 -$830.30

Ret + Fam -$112.44 -$1,349.26 I

• •• •• •

Proposed Accrual Rates CY 2014 Retiree Post 65 and Pre 65 Disable

(1 ) (2) (3) (1 ) (2) (3) MEDICARE Current Current Current Proposed Employee Proposed County % Proposed

ADVANTAGE (PMA) Retiree County Total Retiree % olTotal County 01 Total Total SO/50 split ERiRet Monthly Monthly Monthly Monthly Blended Monthly Blended Monthly

Retiree $74.97 $74.97 $149.94 $85.87 50% $85.87 50% $171.74

Retiree + Spouse $14994 $149.94 $299.88 $171.74 50% $171.74 50% $343.48

Add-on cost Non-medicare dependents

Spouse $1,071.73 $1,071.73 $2,14346 $1,08404 50% $1,084.04 50% Child(ren) $601.30 $601.30 $1,202.60 $60820 50% $608.20 50% Family $1,713.33 $1,71333 $3,426.66 $1,733.00 50% $1,733.00 50%

(1 ) (1 ) (2) (3) SENIOR Current (2) Current (3) Current Proposed Employee Proposed County % Proposed

SUPPLEMENT (PSS) Retiree County Total Retiree % 01 Total County of Total Total 50/50 split ER/Re! Monthly Monthly Monthlv Monthlv Blended Monthlv Blended Monthly

Retiree $28610 $286.10 $572.20 • $253.72 50% $253.72 50% $507.44 Retiree + Spouse $572.20 $572.20 $1,144.40 $50744 50% $507.44 50% $1,014.88

Add-on cost Non-medicare dependents

Spouse $1,071.73 $1,07173 $2,14346 $1,084.04 50% $1,08404 50% Child(ren) $601.30 $601.30 $1,202.60 $60820 50% $608.20 50% Family $1,713.33 $1,713.33 $3,426.66 $1,733.00 50% $1,733.00 50%

••• •••• •••• ••• • •

Monthly Increase Current

vs Proposed

$10.90 $21.80

$12.31

$6.90 $19.67

Monthly Increase Current

vs Proposed

-$32.38 -$64.76

$12.31

$6.90 $19.67

Proposed Accrual Rates CY 2014 COBR,A

Monthly wio2%

i1 ) (1 ) il) 0) Increase

Current CqrfBilt Proposed Proposed Current

Ivlqntilly t-Aonthly wio Monthly vs

Monthly with 2% Increase Current

vs Monthly

Tier w/o 2% with 2% 2% with 2% Proposed Proposed

PPO

ubscriber Only 1 $ 657.29 $ 670A $ 664.84 $ 678.14 $ 7.55 $ 770

Subscriber + Spouse 2 $1,31458 $1,340.87 $ 1,32968 $ 1,356.27 $ 15.10 $ 15.40

Subscriber+ Child{ren) 3 $ 1,051.66 $1,072.6 $ 1,063.74 $ 1,085.01 $ 12.08 $ 12.32

Subscriber + Family 4 $1,708.95 $1,743.13 1; 1.728.58 $1.763.15 $ 19.63 $ 2002

Spouse Only 1 $ 657.29 $670.44 $ 664.84 $ 678.14 $ 7.55 $ 770

Spouse + Child(ren) 3 $1,05166 $1,07269 $ 1,063.74 $ 1,08501 $ 12.08 $ 12.32

ChiJd(ren) X $ 39437 $ 402.26 $ 394.37 $ 402.26 $ $

ABHP

Subscriber Only ,. "' 70357 $ 717.64

Subscriber + Spouse $ 1,407.14 $ 1,435.28

Subscriber+ Child{ren) $ 1,125.71 $1,148.22

Subscriber + Family $ 1,862.74 $ 1,899.99

Spouse Only $ 70357 $ 717.64

Spouse + Child(ren) $ 1,125.71 $ 1,148.22

Child(ren) $ 429.86 $ 438.46

••• •••• •••• ';c.

••• ••

Making Decisions ... 2014 Communicate the Win-Win

• To provide employees with a comprehensive education/communication campaign is required.

• Various messaging approaches and countywide departmental meetings will occur in the coming months and prior to November's annual enrollment period for the 2014 plan year.

••• ••• •• Ii'" •

Educational Program Four Phases

• Phase One: Will start immediately and will consist of introductory newsletters (print and broadcast), posters, and utilization of Dallas County, PEBC, and United Healthcare websites. Intensive efforts will be made to collect accurate addresses and encourage employees to sign up for an account at United Healthcare.

• Phase Two: Will begin in mid-September with a series of meetings that will continue through the end of October. Training will be held with all benefits representatives initially, and then specific group meetins will be held throughout Dallas County at various locations, various groups, and at various times. Information will be provided for retirees at a special meeting. Employees will be provided with key information and tools to utilize in making their decisions based on their personal medical history and circumstances.

• Phase Three: Beginning the first of October, information related to Annual Open Enrollment will be introduced and training will be provided, utilizing a Train the Trainer format for benefit representatives. All employees will be required to sign up for their insurance coverage this year during the first three weeks of November.

• Phase Four: Will begin the first of December and will involve a review and evaluation of the information submitted by employees in the November Open Enrollment Phase. All offices, including HR, the Auditor's Office and the IT Division will be involved extensively in the review process prior to final submission of the Employee Insurance File to the PEBC and United Healthcare.

• Projected Cost of the Education Campaign - Not to Exceed $5,000.00

••• ••• 11 .... ,: •• 11 t:; ""'. ",', vv;,;:;j:

•

Workforce Investment - 2014 Employee Transportation Program - Calendar Year 2014

• This Program is offered to encourage employee utilization of public transportation in the downtown and outlined areas.

••• •••• •••• ••• •• •

• This program will continue to be fully reimbursed by employees through payroll deduction and provide a substantial savings (at least 25%) to full-time employee.

• The cost based on current utilization for Calendar Year 2013 is estimated at $250,000, with same estimate for Calendar Year 2014.

• Note: Licensed peace officers (who do not pay to use public transportation), elected officials, temporary or part time workers, and contractors, are not included and are not eligible to purchase passes.

• Recommendation: Continue funding the DART Pass Program upfront with fulf reimbursement by employees through payroll deduction. Estimate Allocation is $250,000.

227

DALLAS COUNTY COMMISSIONERS COURT. .?.. DEPARTMENT OF PLANNING & DEVELO~~T8 PM 2· 1;5

August 28, 2013


FROM: Rick Loessberg, Director of Planning & Development ItfIt..".-SUBJECT: Entering into Agreement for Records Building Historic/Artistic Display

BACKGROUND

In 2009, the Commissioners Court approved a proposal submitted by Lauren Woods to develop an historic/artistic display in the Records Building that would incorporate the remnants of a segregation-era drinking fountain sign. As Ms. Woods is now at the stage where she has begun ordering the equipment necessary for the display, the Court is being briefed so that the appropriate building use/personal services agreement can be executed.

DESCRIPTION OF DISPLAY

The display will involve the area by the drinking fountain between the Tax Office and Human Resources on the first floor of the Records Building. The area's existing drinking fountain, which will continue to remain as a functioning drinking fountain, will be modified to include a projection device similar to the example shown in the attached diagram. When someone uses the fountain, the projection device will be activated, and a video clip of civil rights marches that is interspersed with images of other segregation-era signs will be shown.

IMP ACT ON OPERATIONS

The proposed agreement for this project, which is attached, would originally be in effect for one year and would have the ability to be extended for additional one-year periods. Under this agreement, Ms. Woods is responsible for having the exhibit installed (subject to County oversight) and for maintaining the projection device.

The existing drinking fountain will need to be shipped to Califomia so that the projection device can be installed. Ms. Woods will cover this expense, and Facilities, which has reviewed the proposed project and has determined that it can be installed without causing any adverse impact to either County operations or the building, has said that it can temporary install another fountain that is already on-hand until the current fountain retums.

411 Elm Street, 3,8 Floor, Room 313 Dallas County Administration Building

Dailas, Texas 75202·3301 email: [email protected]

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

228

IMP ACT ON FINANCE

The budget for this project has been $$46,720. Of this amount, Ms. Woods has already raised $30,740. So that the project can be completed in time for the November acknowledgement of President Kennedy, Commissioner Price has proposed providing up to $15,000 from his Road & Bridge District budget (105.2530.02640). This funding would be provided at the time the projection device has been installed and become operational.

PROJECT SCHEDULE

It is proposed that the exhibit be installed by the end of October and that a public unveiling take place shortly thereafter and before November 22.

LEGAL INFORMATION

As recommended by the Civil Section and the County's Risk Manager, Ms. Woods has agreed to indemnify the County and to possess general liability insurance in the amount of $500,000.


The proposed historic/artistic display will create a unique amenity in one of the County's major downtown buildings. As such, it is consistent with the County's strategic plan which specifically recommends that the County increase its emphasis on improving the attractiveness of its facilities and that it undertake activities which help improve the area's quality of life.

RECOMMENDATION

It is recommended that the proposed building use/professional services agreement for the segregation-era historic/artistic display in the Records Building be approved as well as the $15,000 that is needed to complete the project before November 2013.

attachments

cc: Dale Lilley, Facilities Director Lauren Woods Ryan Brown, Budget Officer Virginia Porter, Auditor

Halsey Taylor ADA compliant fountain Model No. HAC8FS-WF-Q ADA

or approved equal /

- Flush-mounted two-way mirror to allow viewing of inudslrial NEMA 4 rated LCD monitor below (when iIIumin. ated/iniliated)j 'Monitor to be Synergy Global Technology Inc. (www.rackmountmart.com) Model No. IO-OBAN or approved equal

/

- 8.4" industrial TFT LCD panel support 800 x 600 pixels - Aluminum front bezel - 220 cd/m2 industrial brightness - OSO control keys to optimize the display - DC power input (12/24/48 VDC)

I~~. - Video input (S-Video & RCA input)

, ~~ .? h/l-NEMA4/1P 65 front protection

/'\T~~ ~ .----= /~/ cT-..:>L--. ~ \ ----=::j< " I ___ :::~-- I~Y ~ ______ '7)1 /1

~---~~'J [" ~~ ~~. LV ~~ ~' ~~

~y \\~~ Push bar actuation mechanism on

front and sides used to initiate audio/video playback.

Typical front access panel used to access video/audio playback devices

located inside the fountain housing.

\~~ ~~ ~~ ~

CONCEPT VIEW (N. T.S)

-_. Typical speakers located Inside using ventilation louvers to allow audio out.

Siainiess sleel panels resist wear and corrosion. Satin finish helps to hide water spots and fingerprints

N N <D

230

BUILDING USE AND PERSONAL SERVICES AGREEMENT

BETWEEN

LAUREN WOODS

&

DALLAS COUNTY, TEXAS

DATED: , 2013

1

231

BUILDING USE AND PERSONAL SERVICES AGREEMENT

This Agreement is entered into by and between Lauren Woods (the "Artist") and Dallas County, Texas (the "County").

WITNESSETH:

The County, in consideration of the terms and covenants hereinafter set forth, does hereby authorize the Artist and the Artist does hereby accept from the County, on the terms and conditions hereinafter set forth, the following described space, hereinafter called the "Premises", to install and maintain an artistic representation as described herein.

I. BUILDING AND PREMISES

A. Building.

The Dallas County Records Building (the "Premises") is located, the common address of 500 Elm Street, Dallas, Texas. The Artist, when duly authorized pursuant to the provision of this Agreement, shall have the nonexclusive right to install and maintain an artistic representation on the Premises, such use to be in common with the County, the other tenants in the Building, and subject to such reasonable rules and regulations governing use as the County may from time to time prescribe.

B. Premises.

Approximately twenty (20) square feet of floor and surrounding space in the area of the East hallway, commonly referred to, and marked for historical purposes, as the "Whites Only" drinking fountain (the "Premises").

II. USE AND FINANCIAL CONTRIBUTION

A. Use.

The County agrees to allow Artist use of the premises to install and maintain an artistic representation as approved by County or its designee(s) as to form, structure, content, and appearance and described and illustrated in Exhibit A.

B. Compensation.

The County agrees to allow Artist use of the premises without compensation for the term of this agreement.

2

232

C. Maintenance, Repairs, Alterations and Equipment.

Artist shall during the term of this Agreement maintain the artistic representation installed on the Premises in a careful, safe and proper manner and keep the Premises in good order and condition. Artist and County agree that for the initial six (6) month period of this agreement, Artist will contract with an independent contractor to routinely monitor the equipment on the Premises and report any maintenance needs to the Artist at sole cost to the Artist. After this initial six (6) month period, County will notify Artist of any maintenance needs identified and all required work will be performed at the sale expense of Artist.

County shall have no obligation of any kind whatsoever in connection with maintenance of the artistic representation installed on the Premises or the costs to repair or restore any improvements on the Premises, and Artist expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Artist the right to make repairs at County's expense or to terminate this Agreement because of County's failure to keep the Premises in good order, condition, and repair.

Artist shall secure all County owned equipment, including but not limited to, the drinking fountain and all necessary fixtures. Artist shall be responsible for shipping and return expenses for any existing County equipment that may be sent to an off-site location for the purpose of being incorporated into the artistic representation.

D. Ownership and County Financial Obligation.

County agrees to provide Fifteen Thousand Dollars ($15,000.00), for the projection device installed as part of the display for this project. Under no circumstances will the County contribution exceed Fifteen Thousand Dollars ($15,000.00), for this project. Once the exhibit is complete, County shall retain sole ownership of the exhibit. County will pay Fifteen Thousand Dollars ($15,000.00), when the projection device is installed and becomes operational.

III. TERM OF AGREEMENT

The Term of this Agreement shall be from and ending , 2014 (the "Term"). This Agreement may be extended for additional periods of one (I) year each upon mutual written consent of the parties evidenced by an extension agreement entered into no later than thirty (30) days prior to the termination date of this Agreement, or any extensions thereof.

3

233

IV. USE OF PREMISES

A. Specific Use.

The Premises shall be occupied by Artist only and used exclusively for the purpose of installing and maintaining an artistic representation as described and illustrated in Exhibit A.

B. Covenants Regarding Use.

The County and Artist both agree and acknowledge that the use of the Premises is conditioned upon strict compliance with the terms and conditions of this Agreement. Failure to comply with any provisions shall not operate or be construed as a waiver of any future occurrence.

Artist covenants and agrees to do the following:

1. Artist shall use the Premises and conduct its business in a safe, careful, reputable and lawful manner; and shall keep and maintain the Premises and all County property in as good a condition as they were when Artist first took possession, other than normal wear and tear; and

2. Artist shall not commit, nor allow to be committed, in, on or about the Premises or the Building any act of civil disturbance, riot, harassment of any nature; or any action or conduct actionable in state or federal civil or criminal law; any act of waste including any act which might deface, damage or destroy the Room or any part thereof; use or permit to be used on the Premises, equipment or other thing which might cause injury to a person or property or increase the danger of fire or other casualty in, on or about the Premises and/or the Building; permit any objectionable or offensive noise or odors to be emitted from the Premises; or do anything, or permit anything to be done, except for ordinary wear and tear which would, in the County's sole opinion, disturb or tend to disturb the County, other tenants or assigns; and

3. Artist shall not overload the floors of the Premises beyond their designed weightbearing capacity, as attached hereto. The County reserves the right, but not the obligation, to direct the positioning of all heavy equipment, furniture and fixtures for which Artist desires to place on the Premises, so as to properly distribute the weight thereof; and to require the removal of any equipment or furniture which exceeds the weight limit specified by the County; and

4. Artist shall not use the Premises, nor allow the Premises to be used for any purpose, or in any manner which would, in the County's sole opinion, increase the risk of damage, partial destruction or destruction of the Premises, or any portion thereof,

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invalidate any policy of insurance now or hereafter carried on the Premises or increase the rate of premiums payable on any such insurance policy. Should Artist fail to comply with this covenant, the County may, at its sole option, require Artist to stop engaging in such activity. Failure to comply with such requirements constitutes a breach of this Agreement and the County may terminate this Agreement if such requirement is not met immediately; and

5. The term "Hazardous Materials" shall mean and refer to any wastes, materials, or other substances which require special handling or treatment, under any applicable local, state, or federal law, rule, regulation, or order. Through the Term of this Agreement, Artist shall prevent the presence, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials on, under, in, above, to or from the Premises, other than in strict compliance with all applicable federal, State, and local laws, rules, regulations, and orders; and

6. Artist covenants and agrees that it shall abate, at no cost to the County, any nuisances, health, environmental or safety dangers; and shall remediate or cause to be remediated all materials that may be in violation of any law or regulation pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, all as amended, caused by the presence, use, generation, release, discharge, storage, disposal, or transportation of any material by or at the direction of Artist; and

7. Artist will comply with all County Policies regarding the use of County buildings, including, but not limited to, the Rules and Regulations attached hereto as Exhibit B, incorporated herein as if fully reproduced, word for word, as amended; and such amendments to have immediate effect; and

8. Artist shall give immediate oral notice to the County Facilities Department located on the 9th floor of 600 Commerce Street, phone number (214) 653-6776, confirmed by written notice, of any failure or problem with any and all security or fire device or system, any failure or problem with any utility or sewer; vandalism or other damage to or destruction of the Premises, or any portion thereof; or personal property of County; any injury to or death of any person; or any litigation or claim by any party involving Artist, the Premises, or the County; and

9. In the event of any fire or police emergency, Artist shall first notify the appropriate emergency response agency (dial "911 ") and immediately thereafter shall orally notify the County of such occurrence, and confirm such notice by fax at (214) 653-6822.

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D. Compliance with Laws.

The Artist shall comply with all laws, statutes, ordinances, rules, regulations and orders of any federal, state, county, municipal or other government agency, thereof, having jurisdiction over and relating to the use of the Premises, janitorial and custodial care, maintenance, condition or occupancy of the Premises, inclusive of all fire, emergency, environmental, health, safety and any construction. Artist shall not be responsible for or be required to make structural repairs to the Premises, unless such repairs are the result of Artist's particular use of the Premises, or the intentional acts or negligent acts or omissions of Artist, its officers, employees, agents, contractors, subcontractors and invitees, or the clients and/or their guests caused such structural damage.

E. Compliance with Zoning.

Applicable zoning ordinances and regulations are of public record. Artist knows the character of its operation on the Premises and, Artist shall have sole responsibility for compliance.

V. UTILITIES AND OTHER BUILDING SERVICES

A. Services To Be Provided.

The County shall furnish to the Artist utilities and other building services for the Artist's comfortable use of the Premises. The Artist shall use the utilities and services with the same degree of care as if Artist were paying for them.

C. Interruption of Services.

The Artist understands, acknowledges and agrees that anyone or more of the utilities or other Building services identified above may be interrupted by reason of accident, emergency or other cause beyond the County's control, or may be discontinued or diminished temporarily by the County or other persons, until certain repairs, alterations or improvements can be made; that the County does not represent or warrant the uninterrupted availability of such utilities or Building services; and that any such interruption shall not be deemed as an eviction or disturbance of the Artist's right to possession, occupancy and use of the Premises, or any part thereof, or render the County liable to the Artist for damages, or relieve the Artist from the obligation to perfonn its covenants under this Agreement.

VI. SIGNS

The Artist shall neither place, nor cause to be placed, any sign, projection, advertisement, or

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device of any kind whatsoever outside of the Premises, or upon the sidewalks or streets adjacent thereto, or upon the roof or any of the outside walls of this Building containing the Premises, without the prior written consent of the County.

VII. REPAIRS, MAINTENANCE, ALTERATIONS, IMPROVEMENTS AND FIXTURES

A. Repair and Maintenance of Buildiug.

The County shall keep and maintain in good order, condition and repair the following: roof, exterior and interior load-bearing walls (including any plate glass windows comprising a part thereof); foundation; basement; the common areas and facilities of the Building; and electrical, plumbing, heating, ventilation and air conditioning systems serving the Building. The County will make minor repairs such as minor replacement of worn carpet, spot painting, replace light bulbs, etc. The cost of the minor repairs will be borne by the County unless made necessary by the neglect, misuse or default of the Artist, its employees, customers or invitees, in which event they shall be borne by the Artist, who shall be separately billed and shall reimburse the County for the same. The County shall document any such instance and provide to the Artist before any minor repairs are billed to the Artist.

B. Alterations and Improvements.

The Artist shall not make, nor permit to be made, alterations or improvements to the Premises unless the Artist obtains the prior written consent of the County, and such consent shall not be unreasonably withheld. The cost of any alternations or improvements to the Premises, as approved by the County, will be the sole responsibility of the Artist.

C. Trade Fixtures.

No Trade fixtures may be added to the premises by the Artist.

VIII. FIRE OR OTHER CASUALTY INSURANCE

A. Substautial Destruction of the Building.

If the Building should be substantially destroyed (which, as used herein, means destruction or damage to at least 75% of the Building), by fire or other casualty, either party may, at its option, terminate this Agreement by giving written notice to the other party within thirty (30) days of such casualty.

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B. Substantial Destrnction of Premises.

If the Premises should be substantially destroyed, or rendered wholly unusable for the purposes for which they were released, by fire or other casualty, but the Building is not substantially destroyed as provided above, then the parties hereto shall have the following options:

1. If such destruction is no! the result of the acts or negligence of the Artist, its employees, agents or guests, the Artist may elect to terminate.

2. If such destruction is the result of the acts or negligence of the Artist, its employees, agents or guests, or if this option is not exercised by the Artist, the County shall then have the right and option, to be exercised within thirty (30) days following the destruction or expiration of the Agreement option period, by giving written notice to the Artist, to reconstruct and restore the Premises to substantially the same condition as they were prior to the casualty. In such event, this Agreement shall continue in full force and effect for the balance of the Term upon the same terms, conditions and covenants as are contained herein.

3. If the County fails to exercise the last mentioned option, this Agreement shall be terminated as of the date of the casualty.

C. Casualty Insurance.

The County is self-insured under the Texas Tort Claims Act and will be liable solely under those terms and conditions.

IX. ASSIGNMENT

The Artist shall not assign or transfer this Agreement all or any part of the Premises without the prior written consent of the County.

X. DEFAULT BY ARTIST

In the event the Artist shall be in default in or shall otherwise breach its covenants or obligations, and shall be and remain in default for a period of ten (10) days after written notice from the County to Artist of such default, the County shall have the right and privilege of terminating this Agreement, and of entering upon and taldng possession of the Premises; and shall have the remedies now or hereafter provided by law for repossession of the Premises and damages

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occasioned by such default.

XI. ACCESS TO PREMISES

The County, its employees and agents shall have the right to enter any part of the Premises at all reasonable times for the purpose of examining or inspecting the same, for making such repairs, alterations or improvements to the Premises or the Building as the County may deem necessary or desirable. If representatives of the Artist shall not be present to open and pennit such entry into the Premises at any time when such entry is necessary or pennitted hereunder, the County and its employees and agents may enter the Premises by means of a master key or otherwise. The County shall incur no liability to the Artist for such entry, nor shall such entry constitute an eviction ofthe Artist or a tennination of the Agreement.

XII. CANCELLATION FOR CONVENIENCE

The County, through its Assistant Director of Facilities Management, may terminate this Agreement with or without cause, in its sole discretion, upon thirty (30) days written notice to Artist with the understanding that all services being perfonned herein shall cease upon the date specified in such notice.

XIII. SURRENDER OF PREMISES

Upon the expiration or earlier tennination of the Agreement, the Artist shall surrender the Premises to the County, together with all alterations, improvements and other property as provided herein, in broom-clean condition and in good order, condition and repair, except for ordinary wear and tear. The Altist shall promptly repair any damage caused by the removal of its personal property and shall restore the Premises to the condition existing prior to the installation of the items so removed.

XIV. QUIET ENJOYMENT

So long as the Artist pays the prescribed Rent and other monies due, and perfoID1s or observes all of the tenns, conditions, covenants and obligations of this Agreement required to be performed or observed by them hereunder, the Artist shall at all times during the Term have peaceable and quiet enjoyment, possession, occupancy and use of the Premises without any interference from the County.

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XV. INSURANCE AND INDEMNIFICATION

A. Liability Insurance.

Artist shall, at all times during the Agreement Term and at its own expense, keep in full force and effect comprehensive general liability insurance with "personal injury" coverage in the amount of FIVE HUNDRED THOUSAND AND NO/IOO dollars ($500,000.00);and Excess Umbrella insurance in the amount of FIVE HUNDRED THOUSAND AND NOll 00 dollars ($500,000.00).

B. Workers' Compensation Insurance.

Artist shall, at all times during the term of this Agreement, and at its own expense, provide and keep in full force and effect a policy of workers' compensation insurance for coverage in Texas with statutory limits of ONE HUNDRED THOUSAND AND NOll 00 dollars ($100,000.00) of employer's limits.

C. Artist Property Insurance.

Artist, at its sole cost and expense, shall, at all times during the Agreement Term, keep in full force and effect such insurance as required to fully insure the full replacement value of all personal property, including but not limited to intellectual property that Artist shall have or maintain on or within the Premises. Artist covenants and agrees that in the event of any damage or destruction of such property, that Artist will look solely to such insurance for recovery of any and all cost or expense of, damage to or damages resulting from the damage or destruction of such property without cost or contribution from the County.

D. Insurance Certificates.

All insurance policies or duly executed certificates for the same required to be carried by Artist under this Agreement, together with satisfactory evidence of the payment of the premium thereof, shall be deposited with the County within ten (10) days after execution of this Agreement and upon renewals of such policies, not less than fifteen (I5) days prior to the expiration of the term of such coverage. All insurance required to be carried by Artist under this Agreement shall be in form and content, and written by insurers authorized to do business in the State of Texas and acceptable to the County, in its sale discretion. If Artist shall fail to comply with any of the requirements relating to insurance, the County may obtain such insurance, and Artist shall pay to the County, the costs of said premiums on demand.

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E. Premiums and Deductibles.

All cost of insurance and any deductible shall be paid in full by Artist, without claim against or contribution of the County.

F. Indemnity.

Artist covenants and agrees that neither the County, nor the Dallas County Judge, Dallas County Commissioners, its Department Heads, officers, employees, agents, invitees, contractors and subcontractors shall be liable to Artist for any loss or damage that may be occasioned by or through the acts or omissions of Artist on the Premises or of any other persons whomsoever. Further, neither the County, nor the Dallas County Judge, Dallas County Commissioners, its Department Heads, Officers, employees, agents, invitees, contractors and subcontractors shall be liable to Artist for any inconvenience or loss to Artist in connection with any of the repair, alteration, installation, maintenance, damage, destruction, restoration, or replacement referred to in this Agreement.

G. Survival.

All indemnification provisions and all insurance provisions of this Agreement, shall not be extinguished by the termination of this Agreement, but shall survive the termination until completion of any and all litigation until final and unappealable order or judgment has been entered, and/or all insurance claims are settled and fully paid, and/or the expiration of ten (l0) years, whichever shall first occur, and shall bind and benefit the respective parties and their legal successors and assigns.

XVI. MISCELLANEOUS GENERAL PROVISIONS

A. Applicable Law.

This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with Title 5 of the Texas Civil Practice & Remedies Code, and all applicable municipal, county, State and federal laws. The exclusive venue for any legal action between the parties arising from this Agreement shall lie in Dallas County, Texas.

B. Sovereign Immunity.

The Artist expressly agrees that no provision of this Agreement is any way intended to constitute a waiver by the County of any immunities from suit or from liability that the County may have by operation of law.

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C. Entire Agreement.

This Agreement, including all exhibits, and addendum, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto.

D. Binding Effect.

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

E. Severability.

If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.

F. Notice.

Any notice provided by this Agreement (or required by law), to be given from either party to the other shall be deemed to have been given on the third (3 rd) business day after such written notice has been deposited in the mail by Registered or Certified Mail with sufficient postage affixed; provided this shall not prevent the giving of actual notice by hand delivery. Such notice shall be mailed as follows:

County:

County of Dallas Facilities Management 600 Commerce Street, 9th Floor Dallas, Texas 75202

G. Condemnation:

Artist:

Lauren Woods

If the Premises cannot be used as contemplated by this Agreement because of condemnation or purchase in lieu of condemnation, this Agreement will tenninate. Artist will have no claim to the condemnation award or proceeds in lieu of condemnation.

H. Limitation of Warranties.

There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this Agreement, and there are no warranties that extend beyond those expressly stated in this Agreement, including any statutory warranty.

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I. DefaultlW aiverlMitigation.

It is not a waiver of default if the non-defaulting party fails to declare innnediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other rights and remedies as provided by law or contract.

Artist has a duty to mitigate damages.

J. Rights and Remedies Cumulative.

The rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by .either party will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.

K. Amendment.

This Agreement may not be amended except in a written instrument specifically referring to this Agreement, approved by formal Order of Dallas County Commissioners Court, and signed by the parties hereto.

EXECUTED THIS THE ___ DAY OF ________ .. 2013.

COUNTY:

Clay Lewis Jenkins County Judge

Approved as to form*:

DALLAS COUNTY CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION

By: Denika Caruthers Assistant District Attorney

ARTIST:

Lauren Woods

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

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Exhibit ., A"

DESCRIPTION OF ARTISTIC REPRESENTATION

The artistic representation will incorporate the remnants of a "Whites Only" sign that remains on the first floor of the Records Building as well as an adjacent drinking fountain. The artistic representation will utilize a projection device that will be installed in the drinking fountain in a manner that is similar to what is shown below. This projection device will be activated when people use the fountain for water and will show a video of civil rights-era marches and other related images. This video must have the County's approval before it can be incorporated into the artistic representation.

Pushbaracluatloo~OI1 Iront and sides IIGIld to Inlliate

uudioMdeoplaybolll\.

Typrcal from access "",'l!!1 \IOOd to e""","""kHtcI .. U<l;o,"8~ __

IQClUed 1f\Sltir) 1he founta!n hoolllrlg. CONCEPT V!EW

(N.T,S.)

The artistic representation, subject to County approval, may also utilize other items and features such as interpretative signage, additional lighting, etc.

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Exhibit "B"

RULES AND REGULATIONS

The following standards shall be observed by the Artist for the mutnal safety, cleanliness and convenience of all occupants of the Building. These rules are subject to change from time to time, as specified in the Agreement.

1. The Artist shall not use the Premises or the Building to sell any items or services at retail price or cost without prior written approval of the County. Stenography, typewriting, blueprinting, duplicating services of any kind, and similar businesses, shall not be conducted from or within the Premises or Building for the service or accommodation of other occupants of the Building without prior written consent of the County.

2. Sidewalks, halls, passageways and stairwells shall not be obstructed or used by the Artist for purposes other than ingress and egress to and from the Premises and the Building.

3. Flammable, explosive or other hazardous liquids and materials shall not be brought on the Premises or into the Building without prior written consent of the County. All Christmas decorations shall be made of flame retardant materials.

4. All contractors and technicians performing work for the Artist within the Building shall be pre-approved in writing by the Artist with an initial one-time written notice of all such contractors and technicians being given to the County for approval before performing such work. The Artist will also notify the County, in writing, of any changes in contractors and technicians perfornling work for the Artist. All work, including, but not limited to, installation of telephone and telegraph equipment, electrical and electronic devices and attachments, and all installations affecting floors, walls, windows, doors, ceilings or any other physical feature of the Building, shall not commence prior to written approval by the County.

5. The Artist shall not conduct any auction on the Premises, nor store goods, wares or merchandise on the Premises, except for the Artist's own personal use.

6. Movement into or out of the Building of freight, furniture, office equipment or other material for dispatch or receipt by the Artist which requires movement through public corridors or lobbies or entrances to the Building shall be limited to the use of service elevators only. Licensed, commercial movers and/or the Artist's movers may be used for the purpose of moving freight, furniture or office equipment to and from the Premises and Building. All hand trucks shall be equipped with rubber tires and rubber side guards. The Artist will provide on-site supervision.

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7. Requests by the Artist for Building services, maintenance or repair shall be made in writing to the Dallas County Facilities Management Department located at: George Allen Courts Building, 600 Commerce, 9th Floor, Dallas, Texas 75202. Routine maintenance calls, i.e., thermostat adjustments, may be made verbally to the Dallas County Facilities Maintenance Department dispatcher at (214) 653-6777.

8. The Artist shall not change locks or install additional locks on doors without prior written consent of the County. The Artist shall not make or cause to be made duplicates of keys procured from County without prior approval of the County. All keys to the Premises shall be surrendered to the County upon termination of this Agreement.

9. The Artist shall give prompt notice to the Dallas County Facilities Management Department at the address herein of any damage to or defects in plumbing, electrical fixtures or heating and cooling equipment. Liquids, or other materials or substances which will cause injury to the plumbing, shall not be put into the lavatories, water closets or other plumbing fixtures, by the Artist, its employees, agents or guests or invitees.

10. The Artist shall not place, install or operate on the Premises, or in any part of the Building, any stove or cooking equipment, with the exception of coffee pots and crock pots, without prior written approval by the County.

II. Large files, safes, electronic data processing equipment and other heavy equipment shall not be moved into the Building or installed in the Premises prior without written approval of the County.

12. The Artist shall not lay floor covering within the Premises without prior written approval of the County. The use of cement or other similar adhesive materials not easily removed with water is expressly prohibited.

13. The Artist shall place solid pads under all rolling chairs unless said chairs have carpet casters.

14. The Artist agrees to cooperate and assist the County III the prevention of canvassing, soliciting and peddling within the Building.

15. Nails, screws or picture hangers shall not be driven into the walls or wood finish of any common area without the prior written consent of the County. Excessive nails/screws or picture hangers will not be considered normal wear and tear on the Premises.

16. Altist shall neither place, nor cause to be placed any sign projections, advertisement, or device of any kind whatsoever outside of the Premises, or upon

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the sidewalks or streets adjacent thereto, or upon the roof or any of the outside walls of the Building containing the Premises, without the prior written consent of the County.

17. County reserves the right to exclude from the Building, between the hours of 5:00 p.m. and 7:00 a.m. on weekdays and at all hours on Saturday, Sunday and legal holidays, all persons who are not known to the Building Security, and who do not present a pass to Building Security signed by the Artist. The Artist shall be responsible for escorting their clientele in and out of the Building during nonbusiness hours. Artist will also be responsible, within reasonable limits, for following any special procedures that the Dallas County Security Department may want implemented.

18. Animals or birds shall not be kept in or about the Premises or the BUilding.

DALLAS COUNTy48

OFFICE OF BUDGET AND EVALUATION

August 28, 2013

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Rya(1rown, Budget Officer

Office of Budget and Evaluation Staff

Conference/Travel/Training Requests

The following departments have requested approval for Conference/Travel/Training. The requested amounts listed are estimates. All reimbursements for hotel and meals are reimbursed according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.

Elected Officials/Departments notifving Commissioners Conrt of Conference/TravellTraining fund requests that do not require Commissioners Court approval under State Statues

PROBATE COURT #1- notifies Commissioners Court of Judge Brenda Hull Thompson attendance at the Dallas Bar Association 220d Annual Bench Bar Conference in Horseshoe Bay in Texas Hill Country from September 25-28,2013. The total estimated cost to attend is $1,464 ($245 - mileage, $474 - hotel, $140 food, $40 - parking, $525 - registration, and $40 - other fees and cost associated with the travel). Funding is available in tbe Fund 532.21667.

Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Court authoritv

COUNTY CRIMINAL COURT #10 - requests approval for Judge Roberto Canas to attend the Dallas Bar Association 22nd Annual Bench Bar Conference. The conference will be held in Texas Hill Country, September 26-28,2013. The total cost to attend is $525 for registration fee. Funding is available in department's DDA (4610).

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517. [email protected]

249

330 TIl FAMILY COURT - Re-brief to change hotel expenses and add parking fees - Originally briefed on May 28, 2013. Rita Bartley is requesting authorization to useDDA funds to attend the 2nd Session of the Texas Court Management for Coordinators in Austin, TX from October 15-20,2013. The total cost is $1,216 ($327-ground transportation, $250-registration, $579-hotel, $60 -parking fee). Funding is available in the DDA fund (120.4165.2230).

OFFICE OF INFORMATION TECHNOLOGY - requests approval to purchase 40 hours of OnBase Advanced System Administrator training at a cost of $15,000. This training is necessary for the continued support and deployment of OnBaseas part of the Countywide imaging rollout project. OnBase version 13 contains newer functionality which can be increasingly leveraged to optimize processes utilized by Dallas County supported business units. Attendee's for this onsite training will be: Jason Moreau, Kimberly Thomas, Dang Dinh, Aaron Holland, Demond McLennan, Kathleen Storm, Nathan Dillinger, Sarah Stoddard. Funding is available from the County Clerks Records Management Fund 00532.4020.05590.0.0.94083.0.0.

DISTRICT CLERK - requests approval for Karen Coston to attend the T APEIT Conference in Austin, Texas from October 22 - 25, 2013. The total cost to attend is $1,173 (registration $325, hotel - $460, nights at $115 each, mileage - $213, 188 miles at .565/mile, food- $175 Funds are available in the department's DDA. '

ELECTIONS - requests approval for Toni Pippins Poole to attend the 31 st Annual Election Law Seminar in Austin, Texas from July 28 - July 31, 2013. The total cost to attend is $728 ($373 -hotel, $140 - food, and $150 - registration). Funding is available in 532.91295.

TAX OFFICE - requests approval for Tax Office to provide lunch for 12 Tax Office Motor Vehicle staff participating in an all-day management meeting on September 18, 2013 at the downtown Tax Office location. The total cost for lunch is $180. Funding is available in the department's DDA.

JUVENILE DEPARTMENT -requests approval to reimburse John Heath for his attendance at the National 143 rd Congress of Correction in Maryland from August 9 -15, 2013. The total actual cost requested is $436 ($44 - mileage, $120 - baggage fees, and $272 - food). Funding is required from Emergency Reserves.

CONSTABLE #3 - requests approval for Venessa Brookins and Diane Osborne to attend the TeLEOSE Basic Telecommunicator in Irving, Texas on August 6-9, 2013. The total estimated cost to attend is $48 for registration. Funding is available in the escrow funds 532.21364.

COUNTY AUDITOR - requests approval for Philip Varghese, ValaIie Anderson, Ellen Parr, Sarbani Majumdar, and Tyeskie of the Grants Section to attend a 2-day training at the City of Dallas from September 9-10, 2013. There is no cost for staff to attend.

DIVERT COURT - Re-briefto requests apprv~~PLV 'v,mburse actual cost incurred for attendance at the NADCP Conference from July 13-17, 2013 in Washington, D.C. for the following: Judge Collins requests reimbursement of $200 for change her air flight to return from the conference. The conference ended early due to the water outage. Funding is available in 530.4031.21393

Notifving Commissioners Court of ConferenceffravellTraining funds used by Grant Programs

HEALTH AND HUMAN SERVICES - requests approval for the following:

a) Anglinette Stratford requests approval to attend the NFMC Multi-Course Training Event in Denver, Colorado from September 8 -9, 2013. The total cost to attend is $635 ($270 -airfare, $175 - food, $150 - taxi, and $50 - baggage fees). Funding is available in grant #9803-2460.

b) Daniel Serinaldi to attend the LRN Conventional Training in st. Paul, Minnesota from May 5-10,2013. The total estimated cost to fund is $1,899 ($508 -airfare, $688 0 airfare, $300-food, $300 - car rental, $50 - fuel, and $50 - baggage fees). All other related expenses associated with this travel will be paid by the National Conference. Funding is available in grant #8720 - PHEP.

.~ 251 {;fa Dallas County ': . M) ':' Office of Budget and Evaluation ~~ ~$ --------------------------------------------------------------

47'S OF ,,;s,-+'

September 3,2013

To:

Through:

From:

Subject:

Commissioners Court

RyaUrown, Budget Officer

Charles Reed, Budget and Policy Analyst

County Clerk FY2014 Archive Plan

BACKGROUND As required by Local Government Code Section 81.007, 118.025, and 118.131, the County Clerk must file an Archive Plan every year in regards to expected revenues and expenditures related to the County Clerk's Archive Fee. The County Clerk mnst also provide notice to the public in regards to the plan as well as hold a public hearing to encourage interested citizens to attend and participate.

OPERATIONAL IMPACT On Monday, August 12,2013, the County provided notice to the public in the Dallas Morning News regarding the County Clerk's Archive Plan and the September 10,2013 public hearing in the J. Allen Clemson Courtroom on the first floor of the County Administration Building, 411 Elm Street, Dallas, Texas.

The County Clerk must also submit for consideration by the Commissioners Court and the public an Archive Plan for the County Clerk's Archive Fee. Attached to this briefing is the County Clerk's FY20 14 Archive Plan.

FINANCIAL IMPACT There is no financial impact to the County's General Fund as the County Clerk's FY2014 Archive Plan pertains only to escrow account 532.94078.

RECOMMENDATION The Office of Budget and Evaluation recommends that Commissioners Court accept the County Clerk's FY2014 Archive Plan as proposed by the attached document.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653 - 6655. Fax (214) 653 - 6517. [email protected]

252

DALLAS COUNTY CLERK FY 2014

PLAN FOR CONTINUATION OF F1JNDlNG THE PRESERVATION AND RESTORATION OF THE COUNTY CLERK'S RECORDS ARCHIVE

(July 23, 2013)

PURPOSE: The purpose of this plan is to set forth in writing the County Clerk's annual updated plan for the preservation and restoration of the County Clerk's archives, The plan is designed to comply specifically with the requirements and the intent of Tex, Loc, Gov't Code §§ 118.011 and 118.025. This plan also includes the proposed increase from $5 to $10 under HB 1513 which takes effect September 1, 2013.

RESPONSIBILITY: The responsibility for implementing the Business Continuity and Disaster Recovery Plan including the preservation and restoration of records maintained by the County Clerk's Office will be delegated to those employees selected by the County Clerk. The County Clerk or his "Designee" will oversee this extensive and ongoing project. Final decisions regarding the funding and expenditures of the plan shall be made by the County Clerk with Commissioners Court approval.

ARCHIVE FEE ACTIONS:

The Dallas County Clerk's Office is currently in year four (4) of the seven year digitization and redundant backup system project. [Note: No preservation work is being performed in FY 2013 due to lack of sufficient funding. Funds collected are being dedicated to the acquisition and build out of the climate controlled facility]. This project includes the digitization and book preservation for all historical handwritten and Photostat books. For fiscal year 2012 the book preservation project was suspended due to a lack of funding. We do anticipate resuming work on this project after the completion of the facility and sufficient funds have been accumulated. To date, years (2009-201l) have been completed. As part of the book preservation, each book will be scanned, digitized and indexed then stored in on electronic media (portable hard drives) as our 100% disaster recovery. County Commissioners have also been briefed on the continued implementation of the county clerk's digital courts project for county court records (county courts at law, county criminal, truancy and probate courts), as well as the acquisition and finish out of a climate controlled facility. The purchase and renovation of the climate controlled facility is anticipated to be completed in early FY 2014.

The County Clerk routinely consults with professional preservationists to determine potential methods of preservation and restoration for disaster recovery and business continuity purposes. Surveys of the best practices found in other Texas counties as well as other counties in the United States are continuously updated. The surveyed information, cumulative results of best practices and preservation techniques were utilized to insure that U.S. Library of Congress standards will be met. This information and these preservation techniques are being used to flow into the recently implemented AiLIS Recording system, of the Recording Section for property records and Odyssey Case Management SystemiOnBase for court records.

253

PLAN FOR FY 2014: The Dallas County Clerk's Office will continue the implementation of its disaster recovery through the digitization and preservation and restoration in several phases.

1. The County Courts at Law that are still in need of restoration and preservation. This includes approximately 1,375 rolls of microfilm and microfiche as well as 15 books of civil indexes. Each book contains approximately 1,800 pages for a total of 27,000 pages to be preserved. Also, 30,013 case files for calendar years 1988 and 1989 have not yet been processed through the first stage of copying and preservation, making the steps they will go through longer and more time consuming. These records have now been digitized and up-loaded into the case management system, (Odyssey) (currently implementing business processes to comply with the Texas Supreme Court eFiling Mandate issued December 2012 and takes effect JanuGlY 1, 2014).

2. The restoration project will focus on the County Criminal Court Records which are in need of, at least, the initial phases of preservation. These include over 591,100 Minute Book pages (many of which are handwritten) and approximately 3,917,250 criminal case files. These files contain approximately 15 pages per file giving 58,758,750 pages in need of first stage preservation. Presently, there are no back-up records of any kind for these documents. Additionally, these records have been digitized and up-loaded into our DMS (document management system), (digitization of active cases are complete). Criminal court records slotted for digitization will go back to approximately 1970.

3. TIle Probate Court records are in need of restoration and preservation with approximately 3,437 rolls of 16mm film which must be reproduced in micro-fiche or digitized to restore the quality of the records and insure a permanent record of these documents. Additionally, there are approximately 800 minute books and 350 docket books which need preservation of which 250 of these will need enhanced images to make them useful. There are also an additional 100 books which begin in 1848 through 1900 which are in need of first generation reproduction.

The exact cost of preserving and restoring the records described above will depend ultimately on the actual number of pageslbooks/tapes and films processed and the methods employed on each set. Some records (the older and more delicate documents) will require greater expenditures to assure that adequate preservation is provided in all cases. (Digitization of the active cases is currently in progress).

4. The continuation of the book preservation project (based on available funding) for contract year April 2014. To date, we have completed 5,469 books as part of the digitization and preservation process. This leaves approximately 7,000 books remaining of the digitization and preservation project.

TECHNIQUES: The intent of the Dallas County Clerk's Office in continuing to implement these phases of record preservation and restoration plus disaster recovery is to restore and preserve historical documents and to provide onlin.e public access and to use scanning, digitizing, microfilming, photocopying and photo static reproduction techniqnes to preserve and restore the records archive. Newer methods of preservation and restoration will be utilized as they become available and are proven reliable and cost effective.

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254

Multiple and varying methods of preservation may be utilized on a single group of records depending on the condition of the documents, and the greatest care and most thorough methods will be employed to preserve ancient (historic) records which cannot be replaced.

As part of the digitization process, it is necessary to have a manual process in place in the event of automated systems failures. As part of the disaster and recovery plan, we will access older records from microfilm. This will require that we purchase or replace microfilm readers/printers and scanners as necessary.

FUNDING: This plan will be funded by revenue generated from previous through current year, and potential subsequent adoptions by the Dallas County Commissioners Court of the records fee authorized by amendments to Tex. Loc. Gov't Code §§ 118.011 and 118.025 and the continuation and extension of that approval. The County Clerk's Office proposes that we collect the $10 fee on real property filings, assumed names, personal property, federal tax liens, UCC filings and marriage licenses and court records.

Submitted b :

. John F. Warren Dallas County Clerk

3

255

Dallas County Office of Budget and Evaluation

September 3, 2013

To: C0frfjsioners Court

Through: Ry~ Brown, Budget Officer

From: . Charles Reed, Budget and Policy Analyst

Subject: District Clerk FY20 14 Archive Plan

BACKGROUND As required by Local Government Code Section 81.007,118.025, and 118.131, the District Clerk must file an Archive Plan every year in regards to expected revenues and expenditures related to the District Clerk's Archive Fee. The District Clerk must also provide notice to the public in regards to the plan as well as hold a public hearing to encourage interested citizens to attend and participate.

OPERATIONAL IMPACT On Monday, August 12, 2013, the County provided notice to the public in the Dallas Morning News regarding the District Clerk's Archive Plan and the September 10, 2013 public hearing in the J. Allen Clemson Courtroom on the first floor of the County Administration Building, 411 Elm Street, Dallas, Texas.

The District Clerk must also submit for consideration by the Commissioners Court and the public an Archive Plan for the District Clerk's Archive Fee. Attached to this briefing is the District Clerk's FY20 14 Archive Plan.

FINANCIAL IMPACT

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There is no financial impact to the County's General Fund as the District Clerk's FY2014 Archive Plan pertains only to escrow account 532.94080.

RECOMMENDATION The Office of Budget and Evaluation recommends that Commissioners Court accept the District Clerk's FY2014 Archive Plan as proposed by the attached document.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653 - 6655 • Fax (214) 653 - 6517 • [email protected]

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256

DALLAS COUNTY DISTRICT CLERK GARY FITZSIMMONS

VlRGINlA ETHERLY, CHIEF DEPUTY

FY2014 DISTRICT CLERK RECORDS PRESERVATION AND RESTORATION PLAN

I. BACKGROUND AND PURPOSE

The District Clerk's office currently stores over 20 million digitaVmicrofilmed court documents and millions of documents maintained solely on paper. The Texas State Library and Archives Commission require certain documents be retained permanently. These permanent records must be preserved and maintained in a specific manner according to their medium. In order to comply with the established standards, the county must expend enormous sums of money. This office expends more than $25,000.00 annually to preserve its microfilmed records alone.

"Slale lm1i requires district clerks 10 maintain large amounts of court records permanent!y. In order to preserve and maintain these documents, offices are storing documents electronically or on a digital format. State law and state library rules dictate that the film and digital images be maintained permanently with a storage plan to secure the future transition of digitized records to new media that allows access to these records." - Excerpt from 81(R) SB 1685, House Committee Report Bill Analysis

It is therefore the intent of the District Clerk's Records Preservation and Restoration Plan to provide guidelines for the preservation of permanent documents maintained by this office. This "Plan" shall govern all permanent documents regardless of media.

II. AUTHORITY

The responsibilities of the District Clerk and his authority to govern the records of the Dallas County District Courts are established in the Texas Government Code. The Texas State Library and Archives Commission, Schedule DC - Records Retention, establishes the retention period for all documents maintained by the District Clerk. The Dallas County District Clerk is the Records Management Officer for all records of the District Courts of Dallas County, Texas.

III. DESIGNATION OF COURT DOCUMENTS

Pursuant to the Texas Government Code, Chapter 51, Section 305, the District Clerk hereby designates all court documents maintained by this office with a retention period of "Permanent" as "Records Archives." For the purpose of this section the following documents constitute the Dallas County District Courts Records Archive:

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FY20 14 DISTRICT CLERK RECORDS PRESERVATION AND RESTORA TJON PLAN

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A. Civil and Tax Courts Civil Court Dockets (1915 1966) - Multi Jurisdictional Civil Court Indexes (1927 - 1966) - Multi Jurisdictional Civil Court Minute Books (1939 - Present) Execution Docket Books Executions and Orders of Sale (Civil and Tax) Tax Court Minute Books

B. Criminal Courts Criminal Court Indexes (1893 - 1972) Criminal Court Minute Books (1911- Present)

C. Family Courts Family Court Case Files:

- Adoptions - Community Property Management Petitions - Name Change Petitions (Granted) - Patemity Suits (Adjudicating parentage) - Voluntary Legitimation Petitions and Statements

Family Court Dockets (1957 - 1966) Family Court Indexes (1927 -1966) - Multi Jurisdictional Family Court Minute Books (1957 - Present)

D. Juvenile Courts Juvenile Case Files:

- Adoption - Paternity Suits (Adjudicating parentage) - Name Change Petitions (Granted) - Voluntary Legitimation Petitions and Statements

Juvenile Court Dockets (1957 - 1968) Juvenile Court Minute Books (1951 - Present) Juvenile Court Indexes (1957 - 1968)

IV. PRESERVATION

The District Clerk's Office currently maintains its records archive on three (3) media, paper, microfilm, and digital. The Texas State Library and Archives Commissions, Texas Administrative Code, Title 13, Chapter 7 and Texas Local Government Code, Chapter 205, dictate the specific marmer to which each media must be maintained.

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A. Paper

The District Clerk maintains millions of paper documents (various courts minutes, indexes, and case files) many in bound books, binders or paper folders. These documents are subject to deterioration and therefore require special handling, restrictive public access and climate-controlled conditions. It is the intent of this office to convert these paper source documents into digital images. The process and procedures for converting these documents are outlined below:

1. Records Department staff will assess and detennine the priority of paper document Imagmg.

2. District Clerk staff, utilizing existing procedures, scan and index paper source documents.

Paper documents that cannot be successfully imaged (under current technology) will be maintained in a manner consistent with proper records management techniques. In the event it is detennined that the documents require special storage, the Records Infonnation Manager will research local vendors capable of successfully maintaining those documents.

B. Microfilm

In addition to paper documents, the District Clerk's office maintains thousands of volumes of court minutes on microfilm. Texas law requires local governments maintain court records and all supporting equipment, i.e. reader/printers, for the duration of the documents' retention period. All District Clerk documents stored on microfilm are classified as permanent and are maintained indefinitely. Therefore, this office will develop the process required to convert microfilmed images to a digital fonnat compatible with existing software.

The District Clerk's office will continue to outsource the storage of its original microfilm to a commercial microfihu storage facility certified by the Texas State Library and Archives Commission. The department will follow Dallas County policies and procedures for contracting services with third party vendors for the storage and eventual digital imaging.

The District Clerk's office will utilize the funds from the District Court Records Technology Fund for maintenance and storage of its microfilmed archived records.

C. Electronic Docnment Imaging

This office has transitioned to a "paper-less" court system, which has greatly increased the preservation and accessibility of court documents. The process of converting paper and microfilm source documents will be the responsibility of the Records Department Imaging Section Supervisor. The huaging Supervisor will inspected all scanning and indexing of the records archives. District Clerk employees will perfonn all imaging in accordance with the established procedures of this office.

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In addition, the Imaging Supervisor will oversee the transition of the current "paper" court minutes into a digital format. The digital court minutes shall be accessible in the same manner as current minutes and will be stored and retrieved through the Onbase document management system.

The Records Information Manager shall annually review and prioritize the imaging of the records archive and ensure timeliness of the process. The Records Information Manager will annually audit the electronic records archive to ensure that electronic infonnation is safely and securely protected and that the infonnation storage is compliant with the guidelines established by the Texas Government Code, Chapter 205 (Electronic Storage of Records). This will be accomplished by coordinating with the Dallas County Technology Department. The IT Department will provide the necessary maintenance, service, and support required to adequately protect the stored infonnation.

The District Clerk's office will utilize the funds from the District Court Records Technology Fund for maintenance, storage, and upgrades tq the servers, scanners, and other equipment deemed necessary as long as the digital infonnation is maintained.

V. RESTORATION

It will be the responsibility of the District Clerk's Office Records Department and the Records Infonnation Officer to perfonn routine inspections of the records archive. During such inspections special attention will be made to the proper maintenance of the archive and compliance with applicable statutes. Following an inspection, should a document reqUIre restoration, the Records Infonnation Officer will detennine the appropriate method of restoration.

Restoration of damaged documents will utilize the most efficient and practical method available. In the event this office is unable to restore a document, the Records Infonnation Officer shall research local vendors capable of providing the necessary services.

VI. STORAGE

It shall be the responsibility of the District Clerk's Office Records Department and the Records Infonnation Officer to staff, maintain, and ensure that all archived records are properly secured and stored in accordance with standards established by the Texas State Library and Archives Commission and applicable state laws.

Pennanent paper archived records currently stored at the Frank Crowley Criminal Courts Building shall be stored off-site. The pennanent archived paper records shall be stored at an offsite location located at the Houseman Building, 2030 Main St., Dallas, TX 75201. The off-site records shall be stored, maintained, and inspected by the staff of the Records Department. The Criminal Records Supervisor shall designate a criminal records clerk to staff the off-site location for the purpose of retrieving requested documents and for the orderly re-filing ofretumed

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FY2014 DISTRICT CLERK RECORDS PRESERV A TlON A.ND RESTORA TlON PLAN

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documents. Access, retrieval, and maintenance of these records shall be the responsibility of the Records Information Officer and the Criminal Records Supervisor.

The Records Information Officer shall ensure that all applicable rent and fees are properly remitted to the facilities landlord.

VII. FUNDING

This office will utilize the funds made available through the District Court Records Technology Fund.

H 0 n. G a ry D'gftally ~i9ned by HOIl. Ga.y Fitzsimmons DN, ("",Horl. Gary FltlSimmom, F i tzs i m m 0:' '~~~e~~lla, County, ov,.Oj,\rIct

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PROPOSED BUDGET FOR EXPENDITURE OF FUNDS

FY2014 Ex enditures ITEM COSTS

Offsite Data Storage with Iron $25,000 Mountain Offsite Criminal Courts Minutes and Criminal Microfilm storage at $49,632 Houseman Building I

Salaries (All Temps - Imaging) $90,605 Scanners $50,000 PCs $6,000

Licensing $20,000 Odyssey maintenance and upgrades $50,000

TOTAL $291,237.00

Submitted by:

Gary Fitzsimmons Dallas County District Clerk

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FY20 14 DISTRICT CLERK RECORDS PRESERVATION AND RESTORATION PLAN

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September 3, 2013

MISCELLANEOUS

1) GOVERNMENTAL AFFAIRS - requests approval for a letter certifying the completion of the annual in house continuing education requirements (Local Government Code 81.0025e) by Commissioners John Wiley Price and Mike Cantrell, be filed with the office of the County Clerk.

2) PLANNING & DEVELOPMENT - requests approval for:

a) amending Court Order 20l3-1140 which authorizes the County's participation in the Sports Arena TIF district and its West Dallas and Riverfront Gateway subdistricts to correct a typographical error. The County's participation in these two subdistricts should be until December 31,2027 (as was briefed) and not December 31,2017 as the court order was inadvertently written.

b) allocating a total of $33,749 from existing project appropriations so that a control monitor and additional security cameras, panic buttons, and door control devices can be installed in the constable, truancy, justice of the peace, and juvenile portions of the new Grand Prairie subcourthouse. These items have been developed in conjunction with the aforementioned departments and should complete the building's security system. $30,749 will be used for the equipment that will be installed and furnished by Sology Solutions; the remaining $3,000 will be used for wiring.

3) ENGINEERING & PROJECT MANAGEMENT - requests approval to:

a) pursue a lease agreement with PinFin Properties, Inc. for the Dallas County Juvenile Department. The District #5 Field Probation Office has requested a more suitable space and will be relocated from 3650 S. Buckner, Suite III to 12101 Lake June Road in Dallas. The current lease rate is $9.90 per square foot and the new lease rate will be $9 per square foot. $12,000 in minor space improvements are required prior to move in and will be made by Dallas County's in-house construction crew. Funding is available in Permanent Improvement Fund, Unallocated Reserves. This request has been reviewed and approved by the Space Utilization Committee. Recommended by the Office of Budget and Evaluation.

09/03113

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b) pursue a lease agreement with Hermosa, LP for the Dallas County Juvenile Department. The District #2 Field Probation Office has required a more suitable space be found and will be relocated from 3650 S. Buckner, Suite 111 to 6510 Abrams Road, Centerpoint Tower, 4th Floor. The current lease rate of $9.90 does not include maintenance while the new lease rate of $15 per square foot does. No renovations are needed for this space to be occupied. This request has been reviewed and approved by the Space Utilization Committee. Recommended by the Office of Budget and Evaluation.

c) change payee and payment address for the 1425 W. Pioneer Drive, Irving, Texas for the Dallas County Juvenile Department. The lease was approved by Court Order 2012-0606 dated April 10,2012. The term oflease covers a period from April 1, 2012- March 31, 2017. The checks should be made payable to the order of Veritex Community Bank at 5049 W. Park Blvd., Plano, Texas 75093 to the attention of Mr. Don Fullrich, Sr. Vice President. Recommended by the Office of Budget and Evaluation.

4) IT SERVICES - requests approval to renew their membership to the Texas Association of Governmental Information Technology Managers (TAGITM) for FY2014. TAGITM members have access to excellent resources and an expanding network of professionals dedicated to meeting the information technology challenges in local governments across Texas. Membership is available to municipalities, counties appraisal districts, school districts or other governmental agencies. Funding to cover the membership fee of $100 is available in within the IT budget for Dues and Subscriptions (195.1090.02080).

5) EMISSIONS TASK FORCE - requests approval to approve the renewal of the agreement between Dallas County and the Texas Commission on Environmental Quality (TCEQ) accepting $128,120 for the Local Initiative Projects (LIP) program and $1,142,843 for the Drive a Clean Machine (DACM) program, and authorizes the County Judge to sign all related documents on behalf of Dallas County. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

Health & Human Services - requests P1308002 - five data cables and one voice cable for new employee's computers and phone access. Work is to be completed at 2377 N. Stemmons 3rd floor suites 322 and 317. Equipment $0.00; Installation $1,200.00; Recurring Cost $0.00 - Recommended - Fund 120.5216.2640

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M1308021 - one multi line phone instrument for current employee to complete routine phone calls durin~ normal business hours. Work is to be completed at 2377 N. Stemmons Freeway on the 6 suite 600. Equipment $55.00; Installation $0.00; Recurring Cost $0.00-RECOMMENDED

Communications & Central Services - Telecommunications - M1308020 - requests relocation of four elevator cables to the Security Desk. Work is to be completed at the 6th

floor Museum 411 Elm Street 1 st floor basement area. Equipment $0.00; Installation $800.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

DEPARTMENT: ITEMS:

ESTIMATED COST: FUNDING SOURCE: PROPOSED ACTION:

09/03113

Engineering & Project Management 6 - Chair 1 - Desk 1 - Five Drawer Cabinet 2 - Three Shelf Bookcase $0 Surplus Engineel;ing & Project Management requests approval to transfer the above listed items from surplus inventory to Facilities Management. The chairs, desk, and cabinet are needed to refurnish the Merrill Hartman Courtroom at George Allen. The bookcases are needed as part of consolidation of historical property at George Allen.

Miscellaneous EguipmentIT eletommunicationslDues/Computer Hardware and Software/Supplies over $50 S~pl.mt>er 3, 2013

Aon,al i)lvo,ced "",,,,mI. m.y d""01e by up to $20 from the ""'<)\lllls ijsted with",,1 additi<:>nal Co"""i";"n.'" Court Auth",ization

Qty Uuil T<>(a! R~R"PI.

l)epal1....,~_L Fund;"\! Expense Cnde ~ttOIJL lte:rnU""criPtioll Cost Ca,' N=N"",

21% Re«"d, M.n'.!l0"",nt

2154 Criminal Justk" Depol11nent 1157 North Te~a, Auto Thon Task F",oe

!ISS Ju,tice of the !'cac" 3-1

215, Ju,""ni]" Dcpotlment

2160 Di'lrict Clerk 2161 DistriotCkrk

2162 Sheriff-Bond,

Res""",' and Con!in.!l"""iesfRecords Man"!:"",,,,,1

JAG t(IlO (:$325) and JAG 201! ($JOO)

Feder.l ForfcitUTO Resenes .nd C""lin~eTlcy_ Fumilure and

Equipment Within Budlld -licen<e and F_ I'.crow Fllnd, _ T ethnology Fund Within Budgm _ Office Equipment

Wi!hin Budget

120.\024.2090

466,0.02093.1010,0.0.01020 532.2590.91002

n0,433l.2090

120.5110.2\50 532.94083

1204020.2640

120.3\25.2090

Low to Mid Voh,me Fax Machin~

Fujitsu Sc>nSn.p lX500· Sc.nn~r

Sel of Vehicle Emergency Lights

WOTk"a'ion

Sex Offend ... Lic""s~ Renewal - Ch",les Msewe COl1J1t", for Public Kiooks Combinati<>l\ Changes

Mid-High VolUIIle Cros, Cut Shredder

"'" '"' R

'" '" R 2,795 2,795 N

7,104 7,7[14 R

'" '" N 950 950 N

"" 450 N

1,088 1,038 R

J ... lificali<>n

Needed "-' rEplacement for the Public Service Program

Needed os a repl.""mcnl for til<: Criminal Ju,tj"" D"I'artmenl Needed for "",,' "chicle Nroded!" conect code (OT both ite"," briefed January 8, 2013 Item HS19 Bnd It"", flJ.J09 Renewal License Requited by Stole Needed for Public Kiosk. in District CI..-k'. omce Needed due I<> ehllIlges in staffing

Needed to rephce broken shredder thai cannot be repaired. Rc"mnmended by Rec<U"Ik.

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1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA · 2013-08-30 · DALLAS COUNTY COMMISSIONERS...

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Transcript of 1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA · 2013-08-30 · DALLAS COUNTY COMMISSIONERS...