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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

Octo ber 2, 2012

REPORTS/RECOMMENDA TlONS/REQUESTS PAGE NOS.

1) HEALTH & HUMAN SERVICES

Centers for Disease Control and Prevention (CDC) Grant #5U58CD001278-03 (COlO-lOll Strengthening Public Health Infrastructure for Improved Health Outcomes) .................................................... 4-20

2) COMMUNICATION & CENTRAL SERVICES

Renewal of Master Antenna/Space Lease Bank of America ............................................................................................................. 21-22

(COURT ORDER ON FORMAL AGENDA)

3) HUMAN RESOURCES/CIVIL SERVICE

Accrual Rates Approval- Plan Year 2013 ............................................................ 23-27

4) INFORMATION TECHNOLOGY

a) Personal Services Contract for Freeit Technical Resource Jason Kessler . ................................................................................................ 28-29

b) Sr. Developer - Delta Dallas - Personal Services Contract for Brian Stair ............................................. ........................................................ 30-31

c) After Hours On-call Smartphones ............................................................ 32-33

d) Procurement of Data Circuits for Colocation Data Center ........................ 34-73

10/2/2012

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5) PUBLIC WORKS

a) Work Order No.1 for Halff Associates, Inc. Wildlife Parkway MCIP Project 40810 (from SH 161 to Belt Line Road) ................................................................ 74-103

b) Resale of Tax Foreclosed Property at 14001 Cimarron Balch Springs, Texas - via Private Sale ................................................. 104-105

c) Bonnie View Road MCIP Project 30227 (Langdon Road to Wintergreen Road) Oncor Easement and Right of Way .......................................................... 1 06-117

6) COMMISSIONERS COURT ADMINISTRATION

Jail Consultant Contract. ....................................................................................... 118-119

7) BUDGET

a) Conference/Travel/Training Requests .................................................. 120-123

b) Addition of an Application Support Analyst for SWIFS ............................ 124

c) Road & Bridge #4 DDA Initiative .................................................................. 125

d) County Judge DD A Initiative ......................................................................... 126

8) INFORMATION ....................................................................................................... N / A

• Jail Population Report • Office of Budget & Evaluation-Reserve Balance Report -

September 26, 2012 • Operations - Telecommunications Technology Upgrade • County Auditor - Bid Contracts - Insurance Exceptions as of

September 26, 2012 • Elections:

• Request for Use of Facilities Space and Parking (Please Refer to Miscellaneous Item No. 3a)

• Request for Security (Please Refer to Miscellaneous Item No. 3b)

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• Purchasing: • Annual Contract Data Information • Annual Contract Extensions

• Health & Human Services: • Transfer of Lancaster Housing Assistance Program Divested

Vouchers to DCHHS Housing Choice Voucher Program (Please Refer to Miscellaneous Item No. lc) (COURT ORDER ON FORMAL AGENDA)

• HHS Updates

9) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 127-133

10) PUBLIC COMMENTS

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

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

10/2/2012

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DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Division

ZACHARY THOMPSON DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director (--::

-0 _""'-C--:::' ~ u;~

~

DATE: October 2, 2012 N n-i .- 0-<,

SUBJECT: c..f\ s;

CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) GRANT #5U58CD001278-03 ~D1Cl?1011 STRENGTHENiNG PUBLIC HEALTH INFRASTRUCTURE FOR iMPROVED HEALTH OUTCOMES)

BACKGROUND

Centers for Disease Control and Prevention (CDC) has provided Dallas County Department of Health and Human Services with the Strengthening Public Health Infrastructure for Improved Health Outcomes Grant#5U58CD001278-03, which provides funds to establish a culture of data driven decisions. Score card reporting will be used to capture and track performance data. There is also a plan to cross walk agency goals with essential services and Public Health Accreditation Board accreditation standards. The effective budget period for this grant September 30,2012 through September 29,2013.

OPERATIONAL IMPACT

There is no operational impact for this contract.

FISCAL IMPACT

Grant #1U58CD001278-03 provides $143,470 for the categories of salary and fringe benefits, $3,300 for equipment for the purchase of one (1) PDSA ROI Feedback Cloud Software and one (1) Statistical Analysis Software (SAS), $901 for supplies, $8,182 for travel, $53,500 for contractual to include an Accreditation Application, Balanced Scorecard Contract, Infographic Contract, and QI Cultural Competence Contract, $3,365 for other, and $37,282 for indirect costs.

LEGAL IMPACT

The Commissioners Court is required to approve the CDC Grant #5U58CD001278-03 (CD1 0-1 011 Strengthening Public Health Infrastructure for Improved Health Outcomes).

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approves the Center for Disease Control and Prevention Grant#5U58CD001278-03 (CD1 0-1 011 Strengthening Public Health Infrastructure for Improved Health Outcomes).

Recommended by:'"'"7_q,,_r--7''-''=.,;z:;=-==---­, Director

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

2317 N. Stemmons Freeway Suite 644 - LB 12

Dallas, Texas 75207-2710 Office (214) 819·2100 FAJ( 1214\ 1!1!'1_?II~"

5 Notice of Award

COOPERATIVE AGREEMENTS Issue Date: 09/21/2012 Department of Health and Human Services Centers for Disease Control and Prevention OFFICE OF THE DIRECTOR, CENTERS FOR DISEASE CONTROL & PREVENTION

Grant Number: 5U58CD001278-03

Principallnvestigator(s): Dianne Rucker

Project Title: CD1 0-1 011 Strengthening Public Health Infrastructure for Improved Health Outcomes

BUSINESS OFFICIAL DALLAS COUNTY HEALTH AND HUMAN SERVICES 2377 N. STEMMONS FREEWAY SUITE 502 DALLAS, TX 75207

Budget Period: 09/30/2012 - 09/29/2013 Project Period: 09/30/2010 - 09/29/2015

Dear Business Official:

The Centers for Disease Control and Prevention hereby awards a grant in the amount of $250,000 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to DALLAS COUNTY HEALTH AND HUMAN SERVICES in support of the above referenced project. This award is pursuant to the authority of 301A,311 BC,317K2(42USC241A,243BC247BK2) and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions.

Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system.

If you have any questions about this award, please contact the individual(s) referenced in Section IV.

Sincerely YO~U;,-rs~'t:::;:;\::

~~.ISJio gi Tuttle

Gr t Management Officer Centers for Disease Control and Prevention

Addttional information follows

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SECTION \- AWARD DATA 5U58CD001218·03

Award Calculation (U.S. Dollarsl Salaries and Wages Fringe Benefits Personnel Costs (Subtotal) Equipment Supplies Travel Costs Other Costs Consortium/Contractual Cost

Federal Direct Costs Federal F&A Costs Approved Budget Federal Share TOTAL FEDERAL AWARD AMOUNT

AMOUNT OF THIS ACTION (FEDERAL SHARE)

6

$105,200 $38,270

$143,470 $3,300

$901 $8,182 $3,365

$53,500

$212,718 $37,282

$250,000 $250,000 $250,000

$250,000

Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project.

04 $249,998 05 $249,998

Fiscal Information: CFDA Number: EIN: Document Number:

IC T

93.507 1756000905A3

0012781H12

CAN 39ZDNJ

2012 2013 250,000 $249,998

SUMMARY TOTALS FOR ALL YEARS

2014 249998

YR THIS AWARD CUMULATIVE TOTALS 3 $250,000 $250,000 4 $249,998 $249,998 5 $249,998 $249998

Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project

CDC Administrative Data: PCC: 1 OC: 41411 Processed: ERAAPPS 09/21/2012

SECTION 11- PAYMENTIHOTLINE INFORMATION - 5U58CD001278·03

For payment information see Payment Information section in Additional Terms and Conditions.

INSPECTOR GENERAL: The HHS Office Inspector General (OIG) maintains a toll·free number (1-BOO-HHS-TIPS [1-800-447-8477]) for receiving information concerning fraud, waste or abuse under grants and cooperative agreements. Information also may be submitted bye-mail to hhstips@oig.hhs.gov or by mail to Office of the Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington DC 20201. Such reports are treated as sensitive material and submitters may decline to give their names if they choose to remain anonymous. This note replaces the Inspector General contact information cited in previous notice of award.

SECTION III - TERMS AND CONDITIONS - 5U58CD001278-03

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7 This award is based on the application submitted to, and as approved by, CDC on the above­titled project and is subject to the terms and conditions incorporated either directly or by reference in the following:

a, The grant program legislation and program regulation cited in this Notice of Award, b, The restrictions on the expenditure of federal funds in appropriations acts to the extent

those restrictions are pertinent to the award, c, 45 CFR Part 74 or 45 CFR Part 92 as applicable, d, The HS Grants Policy Statement, including addenda in effect as of the beginning date of

the budget period, a, This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW

This award is funded by the following list of institutes, Any papers published under the auspices of this award must cite the funding support of all institutes,

Office For State, Tribal, Local And Territorial Support (OT)

Treatment of Program Income: Additional Costs

SECTION IV - CD Special Terms and Conditions - 5U58CD001278-03

Funding Opportunity Announcement (FOA) Number: CD10-1011 Award Number: 5 U38 CD 001278-03

TERMS AND CONDITIONS OF THIS AWARD

NOTE 1 , INCORPORATION: Funding Opportunity Announcement Number CDC-RFA-CD1 0-1 01103PPHF12: PPHF 2012: National Public Health Improvement Initiative (NPHII)­Strengthening Public Health Infrastructure for Improved Health Outcomes-financed solely by 2012 Prevention and Public Health Funds and application dated 07/30/2012, as amended, is made a part of this Non-Research Continuation award by reference,

Fiscal Year 2012 Appropriations Provision: HHS recipients must comply with all terms and conditions outlined in their grant award, including grant policy terms and conditions contained in applicable Department of Health and Human Services (HHS) Grant Policy Statements, and requirements imposed by program statutes and regulations and HHS grant administration regulations, as applicable; as well as any requirements or limitations in any applicable appropriations acts,

CLARIFICATION: The Statutory Authority cited on the first page of this Notice of Award is incorrect The correct Statutory Authority for this award under FOA CD1 0-1 011 is: Sections 301 and 317 of the Public Health Service Act (PHS Act), 42 USC 241 and 247b as amended,

NOTE 2, APPROVED FUNDING: Funding in the amount of $250,000 is approved for the Year 03 budget period, which is 9130/12 through 9129/2013, All funding for future years will be based on satisfactory programmatic progress and the availability of funds,

This award is financed solely by 2012 Prevention and Public Health Funds (PPHF-2012),

NOTE 3, PPHF SUB-ACCOUNT: Funds awarded in support of approved PPHF activities in Sub­Account Number: 0012781H12 have been obligated in a newly established PPHF sub-account in the DHHS Payment Management System (PMS), herein identified as the P-Account A P­Account is a sub-account created specifically for the purpose of tracking deSignated types of funding in the Payment Management System (PMS),

To drawdown funds from this P-Account, you will be required to provide the PPHF sub-account title and the PPHF sub-account numbeL The sub-account title and number for this award and budget year are provided below:

Sub-account Title: RFACD10-101103PPHF12 PPHF Sub-Account Number: 0012781H12

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PPHF funds must be separately tracked and reported. PPHF funds must be used in support of approved PPHF activities in the FaA and your application. Funds cannot be used to support non-PPHF activities and cannot be comingled with any other funds.

NOTE 4. TECHNICAL REVIEW REPONSE STATEMENT REQUIREMENT: The technical review comments on the strengths and weaknesses of the proposal are provided as part of this award. If applicable, a response to the weaknesses in these statements must be submitted to and approved, in writing, by the Grants Management Specialist as noted in the CDC Contact section of this Notice of Award, not later than 11/01/2012. Should these tenms not be satisfactorily adhered to, it may result in denial of your authority to expend additional funds.

NOTE 5. INDIRECT COSTS: Indirect costs are approved based on a Cost Allocation Plan.

NOTE 6. RENT OR SPACE COSTS: Recipients are responsible for ensuring that all costs included in this proposal to establish billing or final indirect cost rates are allowable in accordance with the requirements of the Federal award(s) to which they apply and 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87). The recipient also has a responsibility to ensure sub-recipients expend funds in compliance with federal laws and regulations. Furthermore, it is the responsibility of the recipient to ensure rent is a legitimate direct cost line item which the recipient has supported in current andlor prior projects and these same costs have been treated as indirect costs that have not been claimed as direct costs. If rent is claimed as a direct cost, the recipient must provide a narrative justification which describes their prescribed policy to include the effective date to the assigned Grants Management Specialist identified in the NOTE. CDC CONTACTS for this award.

NOTE 7. FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA): All information systems, electronic or hard copy which contain federal data need to be protected from unauthorized access. This also applies to information associated with CDC grants. Congress and the OMB have instituted laws, policies and directives that govern the creation and implementation of federal information security practices that pertain specifically to grants and contracts. The current regulations are pursuant to the Federal Information Security Management Act (FISMA), Title III of the E-GovemmentActof2002, PL 107-347.

FISMA applies to CDC grantees only when grantees collect, store, process, transmit or use information on behalf of HHS or any of its component organizations. In all other cases, FISMA is not applicable to recipients of grants, including cooperative agreements. Under FISMA, the grantee retains the original data and intellectual property, and is responsible for the security of this data, subject to all applicable laws protecting security, privacy, and research. If and when information collected by a grantee is provided to HHS, responsibility for the protection of the HHS copy of the information is transferred to HHS and it becomes the agency?s responsibility to protect that information and any derivative copies as required by FISMA. For the full text of the reqUirements under Federal Information Security Management Act (FISMA), Title III of the E­Government Act of 2002 Pub. L. No.1 07-347, please review the following website: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgildbname=1 07 _cong_public-'aws&docid=f:pubI347. 1 07.pdf

NOTE 8. FEDERAL REPORTING REQUIREMENTS

I. FEDERAL FUNDING ACCOUNTABILITY and TRANSPARENCY Act (FFATA):

Pursuant to A-133 (see _.205(h) and _.205(i)), a grant sub-award includes the prOVision of any commodities (food and non-food) to the sub-recipient where the sub-recipient is required to abide by terms and conditions regarding the use or future administration of those goods. If the sub-grantee merely consumes or utilizes the goods, the commodities are not in and of themselves considered sub-awards.

In accordance with 2 CFR Chapter 1, Part 170 REPORTING SUB-AWARD AND EXECUTIVE COMPENSATION INFORMATION, Prime grantees awarded a federal grant are required to file a FFATA sub-award report by the end of the month following the month in which the prime grantee awards any sub-grant equal to or greater than $25,000.

A. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include

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Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 11175) for a subaward to an entity (see definitions in paragraph E. of this award term).

1. Where and when to report.

i. You must report each obligating action described in paragraph A.1. of this award term to http://www.fsrs.gov.

ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7,2010, the obligation must be reported by no later than December 31,2010).

2. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.

S. Reporting Total Compensation of Recipient Executives.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if --

i. The total Federal funding authorized to date under this award is $25.000 or more;

ii. In the preceding fiscal year, you received--

(a) SO percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

(b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 7Sm(a), 7So(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm).

2. Where and when to report. You must report executive total compensation described in paragraph A.1. of this award term:

i. As part of your registration profile at http://www.ccr.gov.

ii. By the end of the month following the month in which this award is made, and annually thereafter.

C. Reporting of Total Compensation of Sub-recipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph D. of this award term, for each first-tier sub-recipient under this award, you shall report the names and total compensation of each of the subrecipients five most highly compensated executives for the subrecipients preceding completed fiscal year, if--

i. In the subrecipients preceding fiscal year, the subrecipient received--

(a) SO percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

(b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

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ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has aCcess to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm).

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:

i. To the recipient.

ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the sub recipient by November 30 of that year.

D. Exemptions

If, in the previous tax year, you had gross Income, from all sources, under $300,000, you are exempt from the requirements to report:

i. Sub-awards, and

ii. The total compensation of the five most highly compensated executives of any subrecipient.

E. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR part 25:

i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any other employees in management positions.

3. Subaward:

i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.

ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _.210 of the attachment to OMB Circular A133, Audits of States, Local Governments, and Non-Profit Organizations.

iii. A subaward may be provided through any legal agreement, including an agreement that you or a sub recipient considers a contract.

4. Subrecipient means an entity that:

i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

i. Salary and bonus.

ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in

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accordance with the Statement of Financial Accounting Standards No, 123 (Revised 2004) (FAS 123R), Shared Based Payments,

iii, Earnings for services under non-equity incentive plans, This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees,

iv, Change in pension value, This is the change in present value of defined benefit and actuarial pension plans,

v, Above-market earnings on deferred compensation which is not tax-qualified,

vi. Other compensation, if the aggregate value of all such other compensation (e,g, severance, termination payments, value of life insurance paid on behalf of the employee, perquiSites or property) for the executive exceeds $10,000,

NON-DELINQUENCY on FEDERAL DEBT The Federal Debt Collection Procedures Act of 1990 (Act), 28 U,S,C, 3201 (e), provides that an organization or individual that is indebted to the United States, and has a judgment lien filed against it, is ineligible to receive a Federal grant. CDC cannot award a grant unless the AOR of the applicant organization (or individual in the case of a Kirschstein-NRSA individual fellowship) certifies, by means of his/her signature on the application, that the organization (or individual) is not delinquent in repaying any Federal debt. If the applicant discloses delinquency on a debt owed to the Federal government, CDC may not award the grant until the debt is satisfied or satisfactory arrangements are made with the agency to which the debt is owed, In addition, once the debt is repaid or satisfactory arrangements made, CDC will take that delinquency into account when determining whether the applicant would be a responsible CDC grant recipient.

Anyone who has been judged to be in default on a Federal debt and who has had a judgment lien filed against him or her should not be listed as a participant in an application for a CDC grant until the judgment is paid in full or is otherwise satisfied, No funds may be used for or rebudgeted following an award to pay such an individual. CDC will disallow costs charged to awards that provide funds to individuals in violation of this Act. These requirements apply to a/l types of organizations and awards, including foreign grants,

/I, ANNUAL FEDERAL FINANCIAL REPORT (FFR) (SF 425)

The Annual Federal Financial Report (FFR) SF 425 is required and must be submitted through eRA Commons within 90 days after the end of each budget period, The FFR for this budget period is due to the Grants Management Specialist by 12/29/13, Reporting timeframe is 9/30/2012 through 9/29/2013, The FFR should only include those funds authorized and disbursed during the timeframe covered by the report, The final FFR must indicate the exact balance of unobligated funds and may not reflect any unliquidated obligations, There must be no discrepancies between the final FFR expenditure data and the Payment Management System's (PMS) cash transaction data,

Failure to submit the required information in a timely manner may adversely affect the future funding of this project. If the information cannot be provided by the due date, you are required to submit a letter explaining the reason and date by which the Grants Officer will receive the information,

eRa Commons website: http://era,nih,gov/

If the FFR is not finalized by the due date, an interim FFR must be submitted, marked NOT FINAL, and an amount of un-liquidated obligations should be annotated to reflect unpaid expenses, Electronic versions of the form can be downloaded into Adobe Acrobat and completed on-line by reviewing, http://www,whitehouse,gov/sites/defauIUfiles/omb/assets/grants_forms/SF-425,pdf

III. PROGRESS/PERFORMANCE REPORTING

A. INTERIM PROGRESS REPORT (IPR)

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The Interim Progress Report (IPR) will serve as the non-competing continuation application. IPR reporting timeframe is 9/30/2012- 3/31/2013. A due date and specific IPR guidance will be provided at a later date.

The report must contain the following:

Status/Progress of Current Budget Period Goals and Objectives Also include key organizational changes, key staff changes, and an implementation plan

for each activity. Current Budget Period Financial Progress and amount of estimated unobligated balances New Budget Period Program Proposed Activity Objectives and time lines Ensure Objectives are specific, measurable, appropriate, realistic, and time-phased. Measures of Effectiveness. Additional requested information. Detailed Line-Item Budget and Justification. Use the SF424 forms: http://wwwwhitehouse.gov/omb/grants/grants_forms.html For the Budget details and justification follow the Budget Guidelines at:

http://www.cdc.gov/od/pgo/funding/grantmain.htm

B. ANNUAL PROGRESS REPORT (APR)

Due 90 days following the end of the budget period which is 12/29/2013. Report should include:

A comparison of actual accomplishments to the goal established for the period; The reasons for failure, if established goals were not met; and Other pertinent information including, when appropriate, analysis and explanation of

performance costs significantly higher than expected.

C. FINAL PROGRESS/PERFORMANCE REPORT

The final report is required no later than 90 days after the end of the project period. All manuscripts published as a result of the work supported in part or whole by the cooperative agreement will be submitted with the progress reports.

An original plus two copies of the reports must be mailed to the Grants Management Specialist for approval by the Grants Management Officer by the due date noted. Ensure the Award and Program Announcement numbers shown above are on the reports.

NOTE 9. AUDIT REQUIREMENT: An organization that expends $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the provisions of OMB Circular A-133, Audit of States, Local Governments, and Non-Profit Organizations. The audit must be cornpleted along with a data collection form, and the reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period.

The audit report must be sent to: Federal Audit Clearing House Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132

Should you have questions regarding the submission or processing of your Single Audit Package, contact the Federal Audit Clearinghouse at: (301) 763-1551, (800) 253-0696 or email: govsJac@census.gov

It is very helpful to CDC managers if the recipient sends a courtesy copy of completed audits and any management letters on a voluntary basis to the following address.

Centers for Disease Control and Prevention (CDC) ATTN: Audit Resolution, Mail Stop E-14 2920 Brandywine Road Atlanta, GA 30341-4146

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The grantee is to ensure that the sub-recipients receiving CDC funds also meet these requirements (if total Federal grant or cooperative agreement funds received exceed $500,000). The grantee must also ensure that appropriate corrective action is taken within six months after receipt of the sub-recipient audit report in instances of non-compliance with Federal law and regulations. The grantee is to consider whether sub-recipient audits necessitate adjustment of the grantee's own accounting records. If a sub-recipient is not required to have a program­specific audit, the grantee is still required to perform adequate monitoring of sub-recipient activities. The grantee is to require each sub-recipient to permit independent auditors to have access to the sub-recipient's records and financial statements. The grantee should include this requirement in all sub-recipient contracts.

NOTE 10. SUBGRANTISUBRECIPIENT AWARDS: Seed Grants/Sub-Grants are not authorized under this program or included in Program authorizing legislature. As a result, the recipient is not permitted to fund seed grants or sub-grants. Recipient must issue proposed funding as a procurement requirement per the organization's establ'lshed procedures.

NOTE 11. TRAVEL COST: In accordance with Health and Human Services (HHS) Grants Policy Statement, travel costs are only allowable where such travel will provide direct benefit to the project or program. There must be a direct benefit imparted on behalf of the traveler as it applies to the approved activities of the Notice of Award. To prevent disallowance of cost, recipient is responsible for ensuring that only allowable travel reimbursements are applied in accordance with their organization's established travel policies and procedures. Recipients approved policies must meet the requirements of 45 CFR Parts 74 and 92 as applicable.

NOTE 12. FOOD AND MEALS: Costs associated with food or meals are allowable when consistent OMB Circulars and guidance, DHHS Federal regulations, Program Regulations, DHHS policies and guidance. In addition, costs must be proposed in accordance with recipients approved policies and a determination of reasonableness has been performed by the recipients. Recipients approved policies must meet the requirements of 45 CFR Parts 74 and 92 as applicable.

NOTE 13. PRIOR APPROVAL: All requests, which require prior approval, must bear the signature of an authorized official of the business office of the grantee organization as well as the principal investigator or program or project director named on this notice of award. The request must be submitted no later than 120 days prior to the end date of the current budget period and submitted with an original plus two copies. Any requests received that reflect only one Signature will be returned to the grantee unprocessed. Additionally, any requests involving funding issues must include an itemized budget and a narrative justification of the request.

Prior approval is required but is not limited to the following types of requests: 1) Use of unobligated funds from prior budget period (Carryover); 2) Lift funding restriction, withholding, or disallowance, 3) Redirection of funds, 4) Change in Contractor/Consultant; 5) Supplemental funds; 6) Response to Technical Review or Summary Statement, 7) Change in Key Personnel, or 8) Liquidation Extensions.

NOTE 14. CORRESPONDENCE: ALL correspondence (including emails and faxes) regarding this award must be dated, identified with the AWARD NUMBER, and include a point of contact (name, phone, fax, and email). All correspondence should be addressed to the Grants Management Specialist listed below and submitted with an original plus two copies.

NOTE 15. INVENTIONS: Acceptance of grant funds obligates recipients to comply with the standard patent rights clause in 37 CFR 401.14.

NOTE 16. PUBLICATIONS: Publications, joumal articles, etc. produced under a CDC grant support project must bear an acknowledgment and disclaimer, as appropriate, for example:

This publication Uournal article, etc.) was supported by the Cooperative Agreement Number above from The Centers for Disease Control and Prevention. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Centers for Disease Control and Prevention.

NOTE 17. CANCEL YEAR. 31 U.S.C. 1552(a) Procedure for Appropriation Accounts Available for Definite Periods states the following, On September 30th of the 5th fiscal year after the period of availability for obligation of a fixed year appropriation account ends, the account shall be closed and any remaining balances (whether obligated or unobligated) in the account shall be

Page 9 of 16

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canceled and thereafter shall not be available for obligation or expenditure for any purpose. An example is provided below:

FY 2012 funds will expire September 30,2017. All FY 2012 funds should be drawn down and reported to Payment Management System (PMS) prior to September 30, 2017. After this date, corrections or cash requests will not be permitted.

NOTE 18. CONFERENCE DISCLAIMER AND USE OF LOGOS

Disclaimer. If a conference is funded by a grant, cooperative agreement, sub-grant andlor a contract the recipient must include the following statement on conference materials, including promotional materials, agenda, and internet sites:

Funding for this conference was made possible (in part) by the Centers for Disease Control and Prevention. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily do not reflect the official policies of the Department of Health and Human Services, nor does the mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government

Logos. Neither the HHS nor the CDC logo may be displayed if such display would cause confusion as to the conference source or give false appearance of Government endorsement Use of the HHS name or logo is govemed by U.S.C. 1320b-1 0, which prohibits misuse of the HHS name and emblem in written communication. A non-federal entity is unauthorized to use the HHS name or logo governed by U.S.C. 1320b-10. The appropriate use of the HHS logo is subject to review and approval of the Office of the Assistant Secretary for Public Affairs (OASPA). Moreover, the Office of the Inspector General has authority to impose civil monetary penalties for violations (42 C.F.R. Part 1003). Neither the HHS nor the CDC logo can be used on conference materials, under a grant, cooperative agreement, and contract or co-sponsorship agreement without the expressed, written consent of either the Project Officer or the Grants Management Officer. It is the responsibility of the grantee (or recipient of funds under a cooperative agreement) to request consent for use of the logo in sufficient detail to ensure a complete depiction and disclosure of all uses of the Government logos. In all cases for utilization of Government logos, the grantee must ensure written consent is received from the Project Officer and/or the Grants Management Officer.

NOTE 19. EQUIPMENT AND PRODUCTS: To the greatest extent practicable, all equipment and products purchased with CDC funds should be American-made. CDC defines equipment as tangible non-expendable personal property (including exempt property) charged directly to an award having a useful life of more than one year AND an acquisition cost of $5,000 or more per unit. However, consistent with recipient policy, a lower threshold may be established. Please provide the information to the Grants Management Officer to establish a lower equipment threshold to reflect your organization's policy.

The grantee may use its own property management standards and procedures provided it observes provisions of the following sections in the Office of Management and Sudget (OMS) Circular A-110 and 45 CFR Part 92:

i. Office of Management and Budget (OMB) Circular A-110, Sections 31 through 37 provides the uniform administrative reqUIrements for grants and agreements with institutions of higher education, hospitals, and other non-profit organizations. For additional information, please review: the following website: hltp:l/wwvv.whitehouse.gov/omb/circulars/a110/a11 O.html

ii. 45 CFR Parts 92.31 and 92.32 provides the uniform administrative requirements for grants and cooperative agreements to state, local and tribal governments. For additional information, please review the following website listed: http://wwvv.access.gpo.gov/nara/cfr/waisidx_03/45cfr92_03.html

NOTE 20. PROGRAM INCOME: Any program income generated under this cooperative agreement will be used in accordance with the additional cost alternative.

Additional Costs Alternative--Used for costs that are in addition to the allowable costs of the project for any purposes that further the objectives of the legislation under which the cooperative agreement was made. General program income subject to this alternative shall be reported on the FFR (SF 425).

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Note, the disposition of program income must have written prior approval from the Grants Management Officer.

NOTE 21. KEY PERSONNEL: In accordance with 45 CFR Part 92, CDC recipients shall obtain prior approvals from CDC for (1) change in the project director or principal investigator or other key persons specified in the application or award document, and (2) the absence for more than three months, or a 25 percent reduction in time devoted to the project, by the approved project director or principal investigator.

NOTE 22. TRAFFICKING IN PERSONS. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award terms and conditions, please review the following website: http://www . cdc. gov/od/pgo/fu nding/grants/ Awa rd _Term _ and_ Cond ition_fo r _ T raffickingjn_Perso ns.shtm

NOTE 23. ACKNOWLEDGMENT OF FEDERAL SUPPORT: When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including and not limited to State and local governments and recipients of Federal research grants, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

NOTE 24. PAYMENT INFORMATION: Automatic Drawdown (DirectiAdvance Payments)

PAYMENT INFORMATION: Payment under this award will be made available through the Department of Health and Human Services (HHS) Payment Management System (PMS), PMS will forward instructions for obtaining payments.

A. PMS correspondence, mailed through the U.S. Postal Service, should be addressed as follows:

Director, Division of Payment Management, OS/ASAM/PSC/FMS/DPM P.O. Box 6021 Rockville, MD 20852

Phone Number: (877) 614-5533 Email: PMSSupport@psc,gov Website: http://www.dpm.psc.gov/grant_recipientlshortcuts/shortcuts.aspx?explorer.event=true

Note: To obtain the contact information of DPM staff within respective Payment Branches refer to the links listed below:

University and Non-Profit Payment Branch: http://www.dpm.psc.gov/contacts/dpm_contacUistiuniv_nonprofit.aspx?explorer.event=true

Governmental and Tribal Payment Branch: http://www . dpm. psc. gov/contacts/dpm _ contacUist/gov _ tribal.aspx?explorer. event=true

Cross Servicing Payment Branch: http://www,dpm.psc.gov/contacts/dpm_contact_listicross_servicing.aspx

International Payment Branch: Bhavin Patel (301) 443-9188 Note: Mr. Patel is the only staff person deSignated to handle all of CDC?s international cooperative agreements.

B. If a carrier other than the U.S. Postal Service is used, such as United Parcel Service, Federal Express, or other commercial service, the correspondence should be addressed as follows:

US Department of Health and Human Services PSC/DFO/Division of Payment Management 7700 Wisconsin Avenue? 10th Floor Bethesda. MD 20814

Page 11 of 16

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To expedite your first payment from this award, attach a copy of the Notice of Grant/Cooperative Agreement to your payment request form,

NOTE 25, FY 2012 Enacted General Provisions: The following provisions apply to grants, cooperative agreements and loans funded by the Departments of Labor, Health and Human Services, and Education Appropriations Act, Fiscal Year 2012, Public Law 112-74, and Fiscal Year 2012 funds transferred under the Patient Protecflon and Affordable Care Act, PL 111-148.

General Provisions Title /I

Section 203 - Cap on Researcher Salaries None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II; reduced from $199,700 to $179,700 effective December 23, 2011 .

... Note 1: The salary limitation applies to all individuals directly or indirectly funded by the grant, not just researchers . ... Note 2: Senior Executive Level II salary can be found at the Office of Personnel Management web site: http://wwvv.opm.govloca/12tables/indexSES.asp

SALARY CAP LIMITATIONS:

Timeframe of Award: FY 12 awards issued on or before December 22, 2011, that have had no FY 12 funds obligated since December 23 Salary Cap: Executive Levell ($199,700) Program Action: None for current year. May adjust salary levels for future years to ensure no funds are awarded for salaries over the limit Grantee Action: None for current year. Apply salary limit as specified in continuation guidance in future years, Carryover request may reflect salary limitations in affect at the time of award.

Timeframe of Award: FY 12 awards issued on or after December 23, 2011 Salary Cap: Executive Level II (179,700) Program Action: Adjust salary levels for current and future years to ensure no funds are awarded for salaries over the limit Grantee Action: Adjust salary levels for current and future years and re-budget funds freed as a result of the lower limit.

Timeframe of Award: Awards in previous fiscal years Salary Cap: As specified in original award Program Action: None Grantee Action: None

Section 218 - Gun Control Prohibition

None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control.

Section 220 - Prevention Fund Reporting Requirements

(a) The Secretary shall establish a publicly accessible website to provide information regarding the uses of funds made available under section 4002 of Public Law 111-148,

(b) With respect to funds provided for fiscal year 2012, the Secretary shall include on the website established under subsection (a) at a minimum the following information:

(1) In the case of each transfer of funds under section 4002(c), a statement indicating the program or activity receiving funds, the operating div',slon or office that will administer the funds, the planned uses of the funds, to be posted not later than the day after the transfer is made.

(2) Identification (along with a link to the full tex1) of each funding opportunity announcement, request for proposals for grants, cooperative agreements, or contracts intended to be awarded using such funds, to be posted not later than the day after the announcement or solicitation is issued.

Page 12 of 16"

1 7

(3) Identification of each grant, cooperative agreement, or contract with a value of $25,000 or more awarded using such funds, including the purpose of the award and the identity of the recipient, to be posted not later than 5 days after the award is made.

(4) A report detailing the uses of all funds transferred under section 4002(c) during the fiscal year, to be posted not later than 90 days after the end of the fiscal year.

(5) Semi-annual reports from each entity awarded a grant, cooperative agreement, or contract from such funds with a value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or subcontracts awarded (including the purpose of the award and the identity of the recipient), to be posted not later than 30 days after the end of each 6-month period.

Recipients are responsible for contacting their HHS grant/program managers for any needed clarifications.

Responsibilities for Informing Sub-recipients:

(a) Recipients agree to separately identify to each sub-recipient. and document at the time of sub­award and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for 2012 PPHF fund purposes, and amount of PPHF funds.

(b) Recipients agree to separately identify to each sub-recipient, and document at the time of sub­award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of 2012 PPHF funds. When a recipient awards 2012 PPHF funds for an existing program, the information furnished to SUb-recipients shall distinguish the sub-awards of incremental 2012 PPHF funds from regular sub-awards under the existing program.

Reporting Requirements under Section 203 of the 2012 Enacted Appropriations Bill for the Prevention and Public Health Fund, Public Law 111-5:

This award requires the recipient to complete projects or activities which are funded under the 2012 Prevention and Public Health Fund (PPHF) and to report on use of PPHF funds provided through this award. Information from these reports will be made available to the public.

Recipients awarded a grant, cooperative agreement, or contract from such funds with a value of $25,000 or more shall produce reports on a semi-annual basis with a reporting cycle of January 1 - June 30 and July 1 - December 31; and email such reports (in 508 compliant format) to the CDC website (template and point of contact to be provided after award) no later than 20 calendar days after the end of each reporting period (i.e. July 20 and January 20, respectively). Recipient reports shall reference the notice of award number and title of the grant or cooperative agreement, and include a summary of the activities undertaken and identify any sUb-grants or sub-contracts awarded (including the purpose of the award and the identity of the sub recipient).

General Provisions, Title V

Section 503 - Proper Use of Appropriations - Publicity and Propaganda [LOBBYING) FY2012 Enacted

(a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation of the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government itself.

(b) No part of any appropriate contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than normal and recognized executive legislative relationships or

Page 13 of 16

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participation by an agency or officer of an State, local or tribal government in policy making and administrative processes within the executive branch of that government

(c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending, or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale of marketing, including but not limited to the advocacy or promotion of gun control,

AR-12: Lobbying Restrictions: Applicants should be aware that award recipients are prohibited from using CDC/HHS funds to engage in any lobbying activity. Specifically, no part of the federal award shall be used to pay the salary or expenses of any grant recipient, subrecipient, or agent acting for such recipient or subrecipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body.

Restrictions on lobbying activities described above also specifically apply to lobbying related to any proposed, pending, or future Federal, state, or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control,

This prohibition includes grass roots lobbying efforts by award recipients that are directed at inducing members of the public to contact their elected representatives to urge support of, or opposition to, proposed or pending legislation, appropriations, regulations, administrative actions, or Executive Orders (hereinafter referred to collectively as "legislation and other orders"). Further prohibited grass roots lobbying communications by award recipients using federal funds could also encompass any effort to influence legislation through an attempt to affect the opinions of the general public or any segment of the population if the communications refer to specific legislation and/or other orders, directly express a view on such legislation or other orders, and encourage the audience to take action with respect to the matter.

In accordance with applicable law, direct lobbying communications by award recipients are also prohibited. Direct lobbying includes any attempt to Influence legislative or other similar deliberations at aI/levels of government through communications that directly express a view on proposed or pending legislation and other orders and which are directed to members, staff, or other employees of a legislative body or to government officials or employees who participate in the formulation of legislation or other orders.

Lobbying prohibitions also extend to include CDC/HHS grants and cooperative agreements that, in whole or in part, involve conferences. Federal funds cannot be used directly or indirectly to encourage participants in such conferences to impermissibly lobby.

However, these prohibitions are not intended to prohibit all interaction with the legislative or executive branches of governments, or to prohibit educational efforts pertaining to public health that are within the scope of the CDC award. For state, local. and other governmental grantees, certain activities falling within the normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government are permissible. There are circumstances for such grantees, in the course of such a normal and recognized executive­legislative relationship, when it is permissible to provide information to the legislative branch in order to foster implementation of prevention strategies to promote public health. However, such communications cannot directly urge the decision makers to act with respect to specific legislation or expressly solicit members of the public to contact the decision makers to urge such action.

Many non-profit grantees, in order to retain their tax-exempt status, have long operated under settled definitions of "lobbying" and "influencing legislation." These definitions are a useful benchmark for all non-government grantees, regardless of tax status. Under these definitions, grantees are permitted to (1) prepare and disseminate certain nonpartisan analysis, study, or research reports; (2) engage in examinations and discussions of broad social, economic, and similar problerns in reports and at conferences; and (3) provide technical advice or assistance upon a written request by a legislative body or committee.

Award recipients should also note that using CDC/HHS funds to develop and/or disseminate materials that exhibit all three of the following characteristics are prohibited: (1) refer to specific

Page 140f16

1 9

legislation or other order; (2) reflect a point of view on that legislation or other order; and (3) contain an overt call to action. It remains permissible for CDC/HHS grantees to use CDC funds to engage in activities to enhance prevention; collect and analyze data; publish and disseminate results of research and surveillance data; implement prevention strategies; conduct community outreach services; foster coalition building and consensus on public health initiatives; provide leadership and training, and foster safe and healthful environments.

Note also that under the provisions of 31 U.S.C. Section 1352, recipients (and their sub-tier contractors andlor funded parties) are prohibited from using appropriated Federal funds to lobby in connection with the award, extension, continuation, renewal, amendment, or modification of the funding mechanism under which monetary assistance was received. In accordance with applicable regulations and law, certain covered entities must give assurances that they will not engage in prohibited activities.

CDC cautions recipients of CDC funds to be careful not to give the appearance that CDC funds are being used to carry out activities in a manner that is prohibited under Federal law. Recipients of CDC funds should give close attention to isolating and separating the appropriate use of CDC funds from non-CDC funds. Use of federal funds inconsistent with these lobbying restrictions could result in disallowance of the cost of the activity or action found not to be in compliance as well as potentially other enforcement actions as outlined in applicable grants regulations.

Section 253 - Needle Exchange

Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

HHS recipients must comply with all terms and conditions outlined in their grant award, including grant policy terms and conditions contained in applicable Department of Health and Human Services (HHS) Grant Policy Statements, and requirements imposed by program statutes and regulations and HHS grant administration regulations, as applicable; as well as any regulations or limitations in any applicable appropriations acts.

NOTE 26. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA): Pursuant to the Standards for Privacy of Individually Identifiable Health Information promulgated under the Health Insurance Portability and Accountability Act (HIPAA)(45 CFR Parts 160 and 164) covered entities may disclose protected health information to public health authorities authorized by law to collect or received such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions. The definition of a public health authority includes a person or entity acting under a grant of authority from or contract with such public agency. Through this agreement, the grantee is acting under a grant of authority from CDC to carry out this program which is authorized by Statutory Authority listed in Note 1. The CDC grants this authority to the grantee for purposes of this project. Further, CDC considers this to be public health activity for which disclosure of protected health information by covered entities is authorized by section 164.512(b)).

NOTE 27. CERTIFICATION STATEMENT: By drawing down funds, grantee certifies that proper financial management controls and accounting systems to include personnel policies and procedures have been established to adequately administer Federal awards and funds drawn down are being used in accordance with applicable Federal cost principles, regulations and Budget and Congressional intent of the President.

NOTE 28. CDC CONTACTS

Programmatic Contact:

Bobbie Erlwein, NPHII Team Lead CDC Office for State, Tribal, Local and Territorial Support MS: E-19 1825 Century Center Atlanta, GA 30345 Telephone: 404-498-0262

Page 15 of 16

Email. rxe5@cdc.gov

STAFF CONTACTS Grants Management Specialist Pamela Baker Centers for Disease Control and Prevention Procurement and Grants Office Koger Center, Colgate Building 2920 Brandywine Road, Mail Stop K 69 Atlanta, GA 30341

20

Email: fxz7@cdc.gov Phone: 770.488.2689 Fax: 770.488.2670

Grants Management Officer: Angie Tutlle Centers for Disease Control and Prevention (CDC) Procurment adnGrants Office 2920 Brandywine Road, MS E-15 Atlanta, GA 30341 Email: atuttle@cdc.gov Phone: (770) 488-2863 Fax: (770) 488-2868

SPREADSHEET SUMMARY GRANT NUMBER: 5U58CD001278-03

INSTITUTION: DALLAS COUNTY DEPT/HLTH/HUMAN SRVS

Budaet Year 3 Year 4 ~alaries and Wag,es 105,200 FrinQe Benefits 38,270 Personnel Costs 143,470 Subtotal)

Equipment 3,300 upolies 901 ravel Costs 8,182

:Jther Costs 3,365 $249,998 IConsortium/Contractual 53.500 'Cost

OTAL FEDERAL DC 212,718 $249,998 OTALFEDERALF&A 37,282 OTAL COST 250,000 249998

Page 16 of 16

Year 5

$249,998

$249,998

$249,998

DALLAS COUNTY 21

COMMUNICATIONS AND CENTRAL SERVICES

September 24, 2012

MEMORANDUM

TO:

THROUGH:

THROUGH:

Commissioners Court

Darryl Martin fi\ Commissioners Court 1}dminist ator fJ-.-'

/

I\S COUNTY "."H·-"S COUR·r ! u{');.:.r{ -

12 SEP 25 A~! 8: 30

FROM:

Cbris Thompson (Jf Director of operatlOn]S

Mark Weathersby fit.. , . Radio Communic~tib'ns Manager, Communications and Central Services

SUBJECT: Rationale for Same Day Briefing and Court Order

Dallas County Communications and Central Services is requesting consideration ofthis item on both the briefing and formal agenda in order to expedite the execution of a new lease agreement of which the terms were just finalized.

DALLAS COUNTY 22

COMMUNICATIONS AND CENTRAL SERVICES

September 24, 2012

TO: Commissioners Court

THROUGH: Darryl Martin

THROUGH:

FROM:

SUBJECT:

Background

Commissioners Court Administrator

00/ Chris Thompson (Y

~: .. ~0

Director of Operations I

Mark Weathersby, Radio Communications Manager ~ Communications and Central Services

Renewal of Master Antenna/Space Lease Bank of America Plaza

12 SEP 25 A~l 8: 30

Dallas County currently leases roof top space and master radio antenna connection at the downtown Bank of America Building to support a portion of the County's radio infrastructureo This lease expires on September 30,20120

The purpose of the briefing is to discuss extending this lease for an additional three year period and to make a recommendation to the Court for consideratiol11o

Operational Considerations Extending the lease space at the Bank of America building will ensure continued reliable communication for the COlmty's communications equipment placed at the Bank of Americao

Legal Considerations This lease has been reviewed by the Civil District Attorney's Office and contains a fiscal funding clauseo

Financial Impact Monthly rent for the new three year term will increase from $675 to $750 a montho Sufficient funding (including the increase) has been included in tlhe FY2013 Communications and Central Services budget

Strategic Plan Compliance The agreement with changes recommended by the District Attorney's Office supports Vision I, StrategyL3: Dallas County provides sound, financially responsible and accountable governanceo

Recommendation Communications and Central Services recommends extending the existing lease between Dallas County and Bank of America (and its agent Telecommunication Properties, Inc) for an additional three year period at a monthly rate of$750, beginning October 1,2012 through September 30, 20150

Chris Thompson, Director of Operations

Date:

To:

From:

Subject:

Background

23

DALLAS COUNTY HUMAN RESOURCES/CIVIL SERVICE

September 25,2013

Commissioners Court

Mattye Mauldin-Taylor, Ph.D., Director

Accrual Rates Approval- Plan Year 20] 3

COUNTY flS COURT

12 SEP 26 PH 2: 39

The Dallas County employee insurance program is designed to provide insurance coverage to employees and retirees. Each year the Executive Director of the Public Employee Benefits Cooperative (PEBC) presents accrual rates (premiums) for Active employees and Retirees under age 65 and over age 65. The purpose of this briefing is to present and request approval of the accrual rates (premiums) for Active, Retirees (under/over age 65) for the medical, dental, and vision plans for Plan Year 2013 (Attachment A). The employee portion of the premiums for medical insurance for Active and Retirees will remain the same for Plan Year 2013. The Dental and Vision plans (100% Employee paid) premium increased 7.1 % and 34.6% respectively. Towers Watson recommended an increase in both dental and vision due to projected plan cost, participation in the plan, and employee/retiree usage.

Operational Impact Approval ofthis request supports the Dallas County Employee Benefits Program.

Financial Impact Funding for the employer share of plan related benefits were approved as part of the regular budget process. Payment of all premium, fees, and medical claims will be process from the Employee Benefits Program/Trust or the General Fund.

Strategic Plan Compliance This recommendation supp0l1s Vision I, Strategy 1.3: Dallas Counly provides sound, financially responsible and accountable governance.

Recommendation The Human Resources/Civil Service Department recommends Commissioners Court approve the accrual rates for the various benefit plans as outlined on the attachments as well as allow the County Auditor to pay said rates as applicable.

Recommended by:

Attachment A

K:\Workforce !nvestment\2013ISenefits\PEBC 2013 Accrual Rates Active and REtiree 092512.doc

Attachment A

Dallas County I

ACTIVE EMPLOYEE NON-SMOKING ACCRUAL RATES CALENDAR YEAR 2013

I. Allocation of accrual rates (premium) between County and Employee, based on percentage of contribution of blended rates' with EE = Emplovee and ER = Emplover. This equates to an ERlEE rate for spouse of 55/45 and child of 45/55.

MONTHL Y RATES -- CALENDAR YEAR 2013 BI-WEEKL Y RATES I

PPO I

BLENDED PREMIUM EE share % of Ttl CO share % of Ttl Total EE Rate 2012 EE Rate 2013 EE only (1228)* 65.73 10% 591.56 90% 657.29 30.34 30.34 EE+spouse (145)* 427.24 33% 887.34 67% 1,314.58 197.19 197.19 EE+children (392)* 243.20 23% 808.46 77% 1,051.66 112.24 112.24 EE+family (225)* 604.71 35% 1,104.25 65% 1,708.95 279.09 27909

EPO BLENDED PREMIUM EE share % of Ttl CO share % of Ttl Total EE Rate 2012 EE Rate 2013 EE only (2046)* 71.64 10% 644.80 90% 716.44 33.07 33.07 EE+spouse (232)* 465.69 33% 967.19 67% 1,432.88 214.93 214.93 EE+children (691)* 265.08 23% 881.22 77% 1,14630 122.35 122.35 EE+family (398)* 659.12 35% 1,203.62 65% 1,862.74 304.21 304.21

*( ) -= Census as of 6/1/2012

K:\Workforce Investment\2013\Benefits\AccruaJ Rates\1) Court Ordered Rates 2013 Active + Retiree Health _ Dental_ Vision_Smoking.xlsMthly Rates n Smoke Prem Proj9/26/2012

N ~

Dallas County

RETIREE UNDER 65 CALENDAR YEAR 2013 NON·SMOKING MONTHLY ACCRUAL RATES

PPO CY2012 c.;Y2013

Census Monthly Monthly Retiree Blended Premium 6/1/2012 Rate Rate Share Retiree % CO Share CO%

Retiree only 66 $657.99 $657.29 $460.10 70% $197.19 30% Retiree + spouse 27 $1,315.28 $1,314.58 $920.21 70% $394.37 30% Retiree + children 4 $1,052.36 $1,051.66 $736.16 70% $315.50 30% Retiree + family 4 $1,709.65 $1,708.95 $1,196.27 70% $512.69 30%

EPO c.;Y2012 CY2013

Census Monthly Monthly Retiree Blended Premium 6/1/2012 Rate Rate Share Retiree % CO Share CO%

Retiree only 99 $716.44 $716.44 $501.51 70% $214.93 30% Retiree + spouse 30 $1,432.88 $1,432.88 $1,003.02 70% $429.86 30% Retiree + children 2 $1,146.30 $1,146.30 $802.41 70% $343.89 30% Retiree + family 7 $1,862.74 $1,862.74 $1,303.92 70% $558.82 30%

FOR SMOKERS $50.00 PER MONTH PER SMOKER IS ADDED TO RETIREE'S MONTHL Y RATE.

.---...... - ........... - ....... -.-........ - ........ -

Total $657.29

$1,314.58 $1,051.66 $1,708.95

$0.00

Total $716.44

$1,432.881 $1,146.30 $1,862.74

I\) ()l

Dallas County RETIREE 65 AND OVER CALENDAR YEAR 2013 NON-SMOKING MONTHLY ACCRUAL RATES

Retirees 65 and Over Retirees 65 and Over

Medicare Advantage (PMA) wi Part 0 Drugs Medicare Advantage - PMD wi Part 0 Drugs Census PY2013 % Cost PY2013 % Cost PY2013 s:..ensus PY2012 % Cost PY2012 % Cost PY2012 6f1/12 Retiree Share County Share Total 6/1/11 Retiree Share County Share Total

Ret Only 23 $74.97 50% $74.97 50% $149.94 Ret. + Sp $535_07 50%, $535.07 50% $1,070.14

Ret..±JiQ 6 $149.94 50% $149.94 50% $299.88 Ret. + Ch (ren) $351.03 50% $351.03 50% $702.06

Total Ret. + Farn $811.13 50% $811.13 50% $1,622.26

*Ret. + Farn $426.00 50% $426.00 50% $852.00

Total

*PMA SQouse

Retirees 65 and Over Retirees 65 and Over

Senior Supplement (PSS) wi Part 0 Drugs Pre-65 Dependents for PSS (PSD) wi Part 0 Drugs

Census PY2013 % Cost PY2013 % Cost PYz013 Census PY2013 % Cost PY2013 % Cost PY2010 6f1f12 Retire Share County Share ~ lliJ111 Retiree Share County Share Total

Ret Only 228 $286.10 50% $286.10 50% $572.20 Ret. + Sp $746.20 50% $746.20 50% $1,492.40

Ret. + sp 72 $572.20 50% $572.20 50% $1,144.40 Ret. + Ch (ren) $562.16 50% $562.16 50% $1,124.32

Total Ret. + Fam $1,022.26 50% $1,022.26 50% $2,044. 521

""Ret. + Fam $84826 50% $84826 50% $1,696.52

Total

I *PSS Spouse .. ~ _ ... _ ...•. _-- _ ...

Post-65 Retirees Rates PSS -- Plan Year 2013 without Part 0 Drug Plan PSS (UHC Sr Supplement) without Part 0 Drug Plan Up 5% I Employee Employer

%Cos! %Cos! PY2012 PY2013 PY2012 PY2013 Share PY2012 PY2013 Share ~ Total

Ret Only Post E $162.23 $162.23 50.0% $162.23 $162.23 50.0% $324.46 $324.46 ,Ret + Sp Post E $324.46 $324.46 50.0% $324.46 $324.46 50.0% $648.92 $648.92 -_ ......... -

t\) 0)

27

100% Employee/Retiree Paid Assurant Per Pay Assurant Per Pay

ASSURANT DENTAL 2012 Period 2012 2013 Period 2013 Retiree or EE Only $12.88 $5.94 $12.88 $5.94 Retiree or EE + Sp $21.94 $10.13 $21.94 $10.13 Retiree or EE + Ch $28.95 $13.36 $28.95 $13.36 Retiree or EE + Fa $36.99 $17.07 $36.99 $17.07 No change for 2013

100% Employee/Retiree Paid PEBC Per Pay PEBC* Per Pay

PEBCDENTAL 2012 Period 2012 2013 Period 2013 Retiree or EE Only $29.13 $13.44 $31.19 $14.40 Retiree or EE + S p $53.87 $24.86 $57.68 $26.62 Retiree or EE + Ch $66.98 $30.91 $71.72 $33.10 Retiree or EE + Fa $93.20 $43.01 $99.79 $46.06 * 7.1 % increase for 2013

100% EmployeelRetiree Paid VSP-HEALTHSMART VISION PLAN RATES 2012

VSP 2012 VSP 2012 VSP 2013* VSP 2013 Employee/ Per Pay Employee/ Per Pay

Retiree Period Retiree Period Retiree or EE Only $4.57 $2.11 $6.15 $2.84 Retiree or EE + Sp $8.55 $3.95 $11.51 $5.31 Retiree or EE + Ch $9.11 $4.20 $12.26 $5.66 Retiree or EE + Fa $14.19 $6.55 $19.10 $8.82 *34.6 % increase for 2013

28

DALLAS COUNTY Office of Information Technology 12SEP26 PH 2:45

October 2, 2012

TO: Commissioners Court

THROUGH:

FROM:

Stanley Victrum, Dallas County Chief Information Officer(.;J-~·~---~ Rodney Christian, Assistant Chief, IT Operations

SUBJECT: Personal Services Contract for Freeit Technical Resource - Jason Kessler

BACKGROUND

On July 10, 2012, the Commissioners Court approved Court Order 2012-1151, authorizing the purchase of disk storage and other hardware and software components for the collocated Data Center at CyrusOne.

Pursuant to County Court Order 2012-1151, six months of Personal Services were incorporated into the County's purchase of the NetApp hardware, software, support and services for the collocated Data Center.

The reseller of NetApp hardware used for this purchase, Freeit Data Solutions, Inc. is providing a technical resource for six months to assist with installation of the purchased items.

The Office of Information Technology recommends that the Dallas County Commissioners Court approve the Court Order authorizing the County Judge to sign the six-month contract with Freeit Data Solutions, Inc. concerning technical services provided by Jason Kessler at no additional cost to the County.

Mr. Kessler will provide the following services: 1. Installation and configuration of NetApp SAN (Storage Area Network) equipment at the Cyrus One

facility; 2. Set-up SnapManager for SQL and Oracle; 3. Update the Data On Tap software from version 7.x to B.x; and 4. Assist County personnel with SAN and VMWare tasks.

IMPACT ON OPERATIONS

The services of Mr. Kessler will benefit the operations of the County by minimizing the risk involved with the migration of production data and applications to the collocated data center at CyrusOne.

29

STRATEGIC PLAN COMPLIANCE

The use of a technical resource to ensure the timely and accurate installation of the new NetApp data storage hardware and software in the CyrusOne facility is consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL CONSIDERATIONS

The Civil District Attorney's Office has drafted the proposed contract. It is currently be reviewed by both parties and the final version will be submitted with the subsequent Court Order.

FINANCIAL IMPACT

There is no additional cost to the County.

RECOMMENDATION

The Office of Information Technology recommends that the Dallas County Commissioners Court approve the Court Order authorizing the County Judge to sign t:lhe Personal Services Contract for Jason Kessler with Freeit Data Solutions, Inc. providing an on-site technical resource for installing and configuring recently purchased NetA p data storage hardware and software. There is no additional cost to the County.

/

e mmJnded b}:

t "'-GL· Rodney Christian, Assistant Chief IT Operations

Page 2 af2

30

DI\1 \ r~S COUNTY, T DALLAS COUNTY cOrlt~n;SiOH[HS COllt( , OFFICE OF INFORMATION TECHNU!-flpv:. 1.5

12 SEI' 20 1'1'1 (.. "I

Date: October 2, 2012

To: Commissioners Court

Through: Stanley Victrum, ChiefInformation Officer

From: Richard Ballard, Assistant IT Chief - Applications Support & Development

Subject: Sr. Developer - Delta Dallas - Personal Services Contract for Brian Stair

BACKGROUND We have interviewed several candidates who applied through iRecruitment or who were located on Internet job boards. Unfortunately, none of these candidates passed our initial series of interviews. In order to move forward with providing increased services for the Departments contained within the Community Services Community as well as the deployment of Microsoft CRM and other teclmology development efforts, the Office of Information Technology Department is recommending that the Court approve the Personal Services Contract (hereinafter referred to as the "Contract) with Delta Dallas Incorporated for one (1) Sr. Developer (.NET plus other Technology Languages.)

The tasks of the Sr. Developer will be as follows:

• Reviews, analyzes, and evaluates information technology systems operations;

• Writes code using applicable technology to develop, enhance, or make changes to new, andlor existing applications and middleware environment;

• Develops and conducts testing for all development and technology architectural tasks;

• Coordinates with production support teams to identify and correct production issues;

• Participates in researching and testing of new software or update features;

• Completes necessary assigned training for new technologies; and

• Performs other duties as assigned.

IMPACT ON OPERATIONS Brian Stair will work on a contractual basis from October 10, 2012 through January 11, 2013. He will work initially on a contractual basis, and will be eligible to compete for full­time regular employment with Dallas County. He is replacing a resource who is no longer available due to an employee resignation from April 2012.

509 Main 5t., 6th Floor, Dailas, Texas 75202 Work (214) 653-7339

Stanley Victrum, (10 Fax (214) 653-6327

31

FINANCIAL IMPACT The hourly rate of $67.00 will result in a total cost for the Contract not to exceed $32,160.00. Funds are available in the Major Technology Unallocated Reserves fund to be transferred to the Professional Services account (195.1090.05590).

LEGAL IMPACT The County Judge is required to sign the Contract after approval by the Commissioners Court. The Contract has been sent to the District Attorney's Office, Civil Division for review.

MIWBE NlA

STRATEGIC PLAN COMPLIANCE The resources provided by the Personal Services Vision I of the Dallas County Strategic Plan: interagency partnerships and collaboration.

RECOMMENDATION

Contract will support the initiatives Dallas County Goverrunent models

It is recommended that the Dallas County Commissioners Court authorize the County Judge to sign the Delta Dallas Incorporated Contract for Brian Stair and to authorize the Office of Information Technology to proceed with the establishment of the Personal Services Contract.

32

DALLAS COUNTY OFFICE OF INFORMATION TECHNOLOGY

October 2, 2012

To: Commissioners Court

Through: Stanley Victrum, Chief Information Officer

From: Richard Ballard, Assistant IT Chief - Applications Support & Development

Subject: After Hours On-call Smartphones

BACKGROUND Dallas County IT Application after-hours / on-call support is currently utilizing standard issued cell phones which are limited to voice services only. The utilization of standard, voice-only phone technology does not allow for the utilization of additional communication mechanisms that are now common place in smartphone devices.

Although after-hours calls have significantly reduced over these last several months due to efforts associated with stabilizing our current systems, increasing our ability to quickly address and resolve issues that arise would be beneficial to the County business units that are currently supported. An increased ability to communicate via instant messenger, e­mail, as well as additional remote connectivity into the Dallas County infrastructure from a smartphone device would assist in efforts to address critical after hour issues more quickly. Responding to and resolving problems quickly will become even more important as the County LEAs increase their use of County-hosted systems (i.e., DCIM, JCMS, etc.).

IMPACT ON OPERATIONS The deployment and utilization of smartphone devices (Samsung S II Skyrocket) would greatly assist in efforts to address after-hours on-call support issues more quickly through increased communication, collaboration, and remote connectivity when solving critical, time-sensitive issues impacting Dallas County business units.

STRATEGIC PLAN COMPLIANCE Strategy 1.4 - Improve the Customer Experience by implementing Standards of Operation, Innovation, and Technology which will maintain Dallas County's broad infrastructure.

509 Main Street, Floor, Dalias, Texas 75202 stanley.victrum@dallascounty.org

33

FINANCIAL IMPACT

Equipment Quantity Cost Total Cost Samsung Galaxy 5 II Skyrocket 8 $0.00 Refurbished $0.00 Data 8 $45.00 $360.00 Voice 8 $44.99 $359.92

I Total Estimated Monthly Charges I $719.92

RECOMMENDATION It is recommended that Commissioners; Court approve the purchase of Samsung Galaxy S II Skyrocket smart phone devices for a monthly recurring cost of$7I9.92. Funds are available in the Major Technology Fund-Unallocated Reserves.

34

DALLAS COUNTY Office of Information Technology

October 2, 2012

TO: Commissioners Court

pt\ ,1.,:\:; ,V",'" .,,', S' •• ,\

THROUGH: Stanley Victrum, Dallas County Chief Information Officerq--~----'-~-'-FROM: Rodney Christian, Assistant Chief, IT Operations

SUBJECT: Procurement of Data Circuits for Colocation Data Center

BACKGROUND

On October 25,2011, the Office of Information Technology briefed the Commissioners Court concerning the colocation of the County's Data Center to an off-site, third-party facility that could provide a premier level data facility that would guarantee 99.999% availability (no more than 5 minutes and 16 seconds of down-time per year) ,

Subsequent briefings occurred on April 3, 2012 and May 15, 2012 recommending that the County proceed with the Colocation effort and on June 5, 2012 - Court Order 2112-0976 authorized the lease of data center space at CyrusOne.

The CyrusOne space is ready, cables are being installed and computer hardware is in the process of being delivered.

In order to connect the colocation site to the County's network, additional data circuits are required. The Office of Information Technology reviewed proposals from several vendors (their proposed technology, routing, 'hops' between locations, cost, etc,) and determined that Fiberlight provided the best option for the County,

The Office of Information Technology recommends obtaining three data circuits from Fiberlight. 1. a 10gb circuit from the downtown core switch to the CyrusOne facility 2. a 19b circuit from the HHS building to the CyrusOne facility 3. a 150Mbps internet connection from CyrusOne

This configuration will provide redundant connections between the County and the CyrusOne facility -traversing separate routes to the facility and minimizing the possibility that both circuits will be interrupted at the same time. Additionally, the internet circuit will provide redundant internet connectivity - separate from the County's current internet provider. This will provide a second internet connection for protection against a single point of failure as well as provide additional bandwidth to support !!he ever-growing internet needs of the County.

35

IMPACT ON OPERATIONS

The requested data circuits will connect the CyrusOne Data Center to the County's network, support the migration of production processing to the facility and provide internet redundancy.

STRATEGIC PLAN COMPLIANCE

The procurement of the requested data circuits is consistent with Strategy 1 A of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL CONSIDERATIONS

The Civil District Attorney's Office has drafted the proposed contract, worked with the vendor and County IT staff to finalize the document and has given its approval to proceed.

FINANCIAL IMPACT

The monthly charge for the circuits will be $12,125. The table below provides the annual and five year totals. Funding for this request is to come from the Major Technology Fund.

10gb Ethernet Circuit

19b Ethernet Circuit

150M bps Internet Recovery Fees

RECOMMENDATION

Monthy

$6,925 $2,900

$1,550

$750

Annual 60 Months

$83,100 $415,500

$34,800 $174,000

$18,600 $93,000 $9,000 $45,000

$12,125 $145,500 $727,500

It is recommended that Dallas County Commissioners Court approve the procurement of data circuits from Fiberlight available under GSA contract GSA-IT 70 - GS-35F-0266X. Funding for this request will be provided

_.frnm the Major Technology Fund.

Y:C"i~ . RQ(fuey ChYistian, Assistant Chief IT Operations

Page 2 of2

36

STATE OF TEXAS § COUNTY OF DALLAS §

TECHNOLOGY SERVICES CONTRACT Between

DALLAS COUNTY And

FIBERLIGHT, LLC

1. BACKGROUND AND PARTIES.

WHEREAS, this Technology Services Agreement ("Contract") is made and entered into by and between Dallas County, Texas, a governmental entity with its principal place of business located at the Administration Building, 411 Elm Street, 2nd Floor, Dallas, Texas 75202 ("County" or "Customer"), and Vendor, LLC, a Delaware Limited Liability Company legally authorized to conduct business within the State of Texas having its principal place of businesses located at 11700 Great Oaks Way, Suite 100, Alpharetta, GA, 30022 (FiberLight, LLC is herein referred to as "FBL" or "Vendor"), (both County and Vendor shall collectively herein be referred to as, "the Parties"); and

WHEREAS, all references to Vendor shall include "Vendor Personnel", which shall mean, without limitation Vendor's employees, elected or appointed officers, agents, contractors, subcontractors, and consultants who have been authorized by Vendor to perform under said Contract; and

WHEREAS, "County Personnel" shall mean, without limitation County's elected or appointed officials, officers, employees, agents, and representatives; and

WHEREAS, County wishes to utilize certain Technology Services (hereinafter "Services") from Vendor for County's network connectivity between its facilities for collocation as further described on "Exhibit A," attached hereto and incorporated herein by reference for all purposes of said Contract ("Scope and Deliverables of Services"); and

WHEREAS, County requires from Vendor and Vendor has agreed to provide to County said Services described on "Exhibit A" that will meet County goals and expectations for its facilities pursuant to said Contract; and

WHEREAS, Vendor asserts, acknowledges, and agrees that it has the technological and technical experience and expertise in the business of providing said Services; and

WHEREAS, based on Vendor superior knowledge, its technological and technical experience and expertise, and its pricing as further described on "Exhibit B," attached hereto and incorporated herein by reference for all purposes, Vendor is chosen by County to provide said Services pursuant to said Contract; and

WHEREAS, Vendor agrees to perform said Services and further acknowledges the impOliance of the successful performance of said Services herein that are critical to the operation of County business and Vendor has agreed to provide said Services to County pursuant to the terms and conditions of said Contract; and

NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged by the Parties hereto, this Contrruct is entered into by and between

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COIJNTY AND FIBERLIGHT. LLC ~ PAGE I OF 38

37

County and Vendor for Vendor to provide a Services to County as described in said Contract and Contract Documents, including without limitations, "Exhibits A through C" attached hereto and incorporated herein for all purposes (collectively, the "Contract"), pursuant to the authorities granted by Chapter 262 of the Texas Local Government Code and Chapter 2254 of the Texas Government Code, and the approval of County Commissioners Court.

2. INCORPORATED DOCUMENTS. The following documents are attached hereto and incorporated herein by reference into said Contract for all purposes:

i. "Exhibit A" (Scope and Deliverables); ii. "Exhibit B" (Pricing); and iii. "Exhibit C" (Parties Personnel").

3. TERM, SUSPENSION, AND TERMINATION

3.1 Term/Contract Time. Unless otherwise stated herein, this Contract is for a Term or Contract Time with the "Initial Term" period starting from the date last executed through August 31, 2017 (Collectively herein, the "Initial Term"). After which and upon mutual agreement, the contract may be extended for two (2) additional. one (I) year periods.

3.2 Suspension. Should County desire to suspend the Services herein but not terminate the Contract then County shall issue a written order to stop said Services. Said written order by County to Vendor shall set out the terms of the suspension and upon receipt Vendor shall stop all Services as set forth in said Contract within thirty (30) calendar days and shall cease to incur any costs to County during the term of said suspension. Vendor shall resume Services when notified by County in a written authorization to proceed. If a change in the terms and conditions of payment for Services of said Contract is necessary because of any suspension, a mutually agreed Contract amendment will be executed in accordance with this Contract.

3.3 Termination. Either Party may at its option and without prejudice to any other remedy to which it may be entitled to at law or in equity, or elsewhere under said Contract, terminate said Contract in whole or part by giving written notice of no less than one hundred eighty (I 80) calendar days to the other Party as specified below and all Services being performed under said Contract shall cease upon the date specified in such notice and any unrecouped construction costs agreed by the Parties to have been incurred by FiberLight in providing Service to the County. County shall compensate Vendor in accordance with the terms of said Contract for the Services performed prior to the date specified in such notice. In the event of cancellation, Vendor shall cease any and all Services under said Contract on the date of termination and to the extent specified in the notice of termination. Upon receipt of such notice, Vendor shall not incur any new obligations or perform any additional Services and shall cancel any outstanding obligations or Services to be provided. To the extent funds are available and reimbursement is permitted, County may reimburse Vendor for non-canceled obligations that were incurred prior to the termination date. Upon termination of said Contract as herein above provided, any and all unspent funds that were paid by County to Vendor under said Contract and any and all County data, documents, and information in Vendor's possession shall be returned to County within five (5) calendar days of the date of termination.

(a) With Cause by County. County reserves the right to terminate said Contract immediately, unless otherwise set forth below, in whole or in part at its sale and absolute discretion for all of the following reasons:

1) Lack of or reduction in funding or resources as evidence by County Court Order;

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COUNTY AND FIBERUGHT. LLC - PAGE 2 OF 38

38

2) Non-PerfOlmance. Vendor's non-performance of said Contract or non-compliance with the terms of said Contract shaIl be a basis for termination of the Contract by County. Termination in whole or in part by the County under this Section may be made at County's option and without prejudice to any other remedy to which County may be entitled to at law or in equity, or elsewhere under said Contract. County shaIl not pay for equipment, Services or supplies that are unsatisfactory or unauthorized. In the event of Vendor's non-performance of said Contract or non-compliance with the terms of said Contract, Vendor will be given an opportunity, prior to termination, to correct any deficiency in its Services performed under said Contract. County shall provide Vendor with thirty (30) calendar days to cure any problems or deficiencies with Vendor's performance and such problems or deficiencies shall be solely determined by County except for acts of God, war, embargo or any changes in Texas state, federal, County, or municipal laws. Nothing herein however shall be construed as negating the basis for termination for non-performance nor shall in no way limit or waive County's right to terminate said Contract under any other provisions hcrein.

3) Vendor's submission of invoices, data, statements, or reports that are materially inconect, incomplete, or false as evidence by accounting and billing documentation by the Parties, except if cured within thirty (30) day.

4) In County's sole discretion if termination is necessary to protect the health and safety of the County, the citizens of the County, or the general public.

5) If Vendor is declared insolvent or bankrupt by an administrative agency, bankruptcy trustee, or a court, or legal governing jurisdiction, or is the subject of any legal proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a receiver of its assets or property appointed, or makes an assignment for the benefit of all or substantially all of its creditors, institutes, or causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement of its affairs, enters into an agreement for the composition, extension, or adjustment of all or substantially all of its obligations, or has a material change in its key Vendor Personnel such as a restructure or reorganization under bankntptcy.

6) Vendor's inability to perform under said Contract due to ajudicial order, an injunction, or any other court proceeding or decisions from a government administrative agency.

(b) With Cause by Vendor. Vendor reserves the right to terminate said Contract, in whole or in part, unless otherwise set forth below, for the following reasons:

1) Non-Performance. County's non-performance of said Contract or non-compliance with the terms of said Contract shall be a hasis for termination of the Contract by Vendor. Termination in whole or in part by the Vendor under this Section may be made at Vendor's option and without prejudice to any other remedy to which Vendor may be entitled to at law or in equity, or elsewhere under said Contract. In the event of County's non-performance of said Contract or non-compliance with the terms of said Contract, County will be given an opportunity, prior to any termination, to correct any deficiency in its performance under said Contract. Vendor will provide County with thirty (30) calendar days to cure any problems or deficiencies with County's performance and such problems or deficiencies will be determined by Vendor. Nothing herein however shall be construed as negating the basis for termination for non-performance nor shall in no way limit or waive Vendor's right to terminate said Contract under any other provisions herein.

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COUNTY AND FIBEnLIGHT. LLC - PAGE 3 OF 38

39

2) Non-Payment. Notwithstanding the foregoing, if County does not make payment of invoiced charges in accordance with this provisions of this Contract and such nonpayment is not cured within ten (10) days following written notice to County, Vendor may suspend Service furnished under this Contract until County has paid all past due amounts owed, with any applicable interest. Following any suspension of Service for non-payment, Service may not be restored until County pays in tull all charges then due, including any applicable late fees and interest pursuant to Texas and County laws, including Connty and Municipal laws. If County fails to make full payment of the charges due following suspension, Service will be tenninated effective as of the date of the suspension.

3) If County becomes or is declared insolvent or bankrupt, or is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a receiver of its assets or property appointed, or makes an assignment for the benefit of all or substantially all of its creditors, institutes, or causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement of its affairs, enters into an agreement for the composition, extension, or adjustment of all or substantially all of its obligations, or has a material change in its key County Personnel.

(c) Transition Services Required of Vendor. Upon notice of termination or expiration of said Contract, the County shall immediately have the right to audit records of Vendor relating to said Contract upon reasonable notice to Vendor. Moreover, upon the tennination or expiration date of said Contract, Vendor agrees to transition the Services provided herein in a cooperative manner to include the following upon the date of termination or expiration: (i) a good faith pledge to cooperate with County upon the transition of Services to another vendor or County department that is providing the same or similar Services; This provision herein shall survive completion) suspension, cancellation, termination, or expiration of said Contract or any determination that said Contract or any portion hereof is void, voidable, invalid, or unenforceable. Vendor agrees to allow County to continue to utilize all of Vendor's Hosted Licensed Software or third-party software until such time as County has completed processing Services that begun within the Term of said Contract or any extension thereto; provided County shall pay Vendor for any such use ohhe Vendor's Software or authorized third-party software which may extend beyond the Term of said Contract.

4. SCOPE OF SERVICES

4.1 Services Add-Ons, And New Products. From time to time, Vendor may offer new features which may be added on to the Services ("Add-Ons") and products ("'New Products") to County. County may elect to access and use such Add-Ons or New Products. In the event the County requests to access or use such Add-Ons or New Products, the Parties shall enter into an addendum to this Contract all upon the tenns and conditions as mutually agreed upon by the Parties in order for County to access and use any such Add-Ons or New Products.

4.2 To the extent the Parties are required to meet and further define any interfaces, conversions, and training, the Parties shall agree to work together in good faith to not exceed the scope of said Contract or to unnecessarily alter any timetables pursuant to said Contract.

4.3 The Parties shall mutually agree on a schedule of performance of Services that will enable the Services to proceed continuously, efficiently, and successfully.

4.4 Vendor will confer with County during the progress of the Services on a regular basis. Vendor will prepare and present such information and studies as may be pertinent and necessary or as may be requested by County in order to evaluate the progress oflhe Services.

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COlJNTY AND FIBERLIGHT. LLC - PAGE 4 OF 38

40

4.5 Vendor shall provide regular monitoring of the Services time schedule as the Services progress, and Vendor shall identifY potential variances between the scheduled timetable and the probable completion dates. Vendor shall also anticipate potential problems, review the Services pending, incomplete, and any future development and implementation, operation schedule, and if necessary, it shall recommend adjustments in the Services timetable to meet the completion dates.

4.6 Vendor shall provide all Implementation plan and Services from the date of execution of said Contract. The Implementation plan and Services by Vendor shall include but is not limited to installation and configuration.

4.7 Vendor shall provide summary reports of each of its monitoring and it shall document all changes, if any, in the Services time schedule.

4.8 Services Levels.

(a) Service Levels Review Meetings and Reports to Identify Problems and Savings. During the Term hereof and any Subsequent Term of said Contract, the Parties shall periodically meet at a mutually agreed location or conduct a telephone conference call to discuss the progress of the Services pursuant to said Contract. In order to facilitate proper management of the Services of said Contract, Vendor shall, at each such meeting, provide County with a written Report, in accordance with Section 8.1 (Notice) of this Contract, in which Vendm identifies any problem or circumstance, or cost saving method cncountered by Vendor, or which Vendor gained knowledge of during tbe period since the last such status report (including, without limitation, the failure of either Party to perform, any delay of eitber Party in performing, or the inadequacy in the performance of either Party) which (i) may prevent or tend to prevent Vendor from completing any of its obligations hereunder, or (ii) may lower County cost for the Services, or (iii) may cause or tend to cause County to generate fees, cost or other charges pursuant to said Contract. Before performing any Service that will result in a charge to County or unnecessary cost to County, Vendor shall identify the amount of charges if any and the cause of any identified problem or circumstance and steps taken or proposed to be taken by Vendor or County to remedy the same.

(b) Failure to Meet Service Levels. In the event Vendor does not meet any of llhe requisite Service Levels that are further described in "Exhibit A," Vendor shall: (i) reduce the applicable monthly invoice to County by the amount of the applicable Credits as a credit, and not as liquidated damages; and (ii) use commercially reasonable efforts to ensure that any unmet Service Level is subsequently met. Notwithstanding the foregoing, Venel"r shall use commercially reasonable efforts to minimize the impact or duration of any outage, interruption; or degradation of Services.

(c) To the extent a cost saving method is available to lower Vendor fees, the charges payable by County under said Contract shall be equitably adjusted to reflect such projected cost savings.

(d) For any problem or circumstance included in any of Vendor status reports that Vendor may claim was the result of County's failure or delay in discharging County obligation.s under said Contract, County shall review the same and determine if such problem or circumstance was in fact the result of such fail me or delay. If County agrees as to the cause of such problem or circumstance, then the performance time shall be considered extended for a period of time equivalent to the time lost because of such delay. Other than such extension of time, County shall not be liable to Vendo~ for delay to Vendor Services by the act, neglect, or default of County or County Personnel or any cause that may be beyond the control of County.

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COUNTY AND FIBERLlGHT. LLC - PAGE 5 011 38

41

4.9 Vendor or its designated representative in charge of executing the Services pursuant to said Contract shall be available for the contract period for any testimony in any administrative or judicial proceedings, as directed by County.

4.10 Vendor accepts the relationship of trust and cont1dence established between it and County by executing said Contract. Vendor covenants that it shall furnish its best skill and judgment and cooperate with County, County other consultants, County vendors, and County Personnel in furthering the interests of County under said Contract. Vendor shall endeavor to use its best ability and expertise to promote and further the goals of said Contract in the soundest, most expeditious and economical manner consistent with the interests of the County and the requirements of said Contract.

4.11 Vendor must be able to and shall provide at its sole cost and expense throughout the Term of this Contract sufficient Vendor Personnel, transportation, machinery, hardware, tools, equipment, materials, supplies, and any and all other goods and services for the successful performance and completion of the Services pursuant to said Contract.

4.12 Vendor represents that the transportation, machinery, hardware, tools, equipment, materials, supplies, and any and all other goods used or furnished by Vendor to County are of good quality and condition.

4.13 Vendor shall provide the Services in coordination with County and any of Vendor's subcontractor(s), if applicable and with prior written notice given to County pursuant to said Contract, but Vendor shall continue to solely maintain and assume the responsibilities for the performance and completion of Services under said Contract. Vendor is responsible for the management and coordination of all the details and procedures necessary for the successful performance and completion of Services under said Contract, including any portion of the Services that is subcontracted. Notwithstanding the foregoing, County shall be responsible for securing access for Vendor into any off-net location to which County requests Services. Vendor shall assume full responsibility and accountability to the County for any acts or omissions of Vendor, Vendor's Personnel, Vendor's contractors and sub-contractors, and any of its Third Party aft1liates or associates.

4.14 Upon prior request, Vendor shall provide County access to the Services 01' work in preparation and progress wherever located.

4.15 Independent Obligation of Vendor to Continue Performance. Because of the critical importance of the obligations undertaken by Vendor hereunder to the operations of County and the substantial expertise (not otherwise possessed by County) that Vendor has represented it will utilize in connection with the Services and fult1l1ment of its obligations and the reliance by County of such expertise for the fult1llment of its objectives, Vendor assumes an independent obligation to continue performance of its Services to benet1t County, andlor to mitigate any damage or cost to County regardless of any dispute that may arise between the Parties in connection with any claims by Vendor that County has materially breached its obligations hereunder. Such independent obligation shall continue for thirty (30) days from the date upon which County receives written notice of any afleged breach from Vendor. Vendor undertakes this independent obligation without prejudice to any rights or remedies it may otherwise have in connection with any dispute between the Parties.

4.16 Additional Services. During the Term of said Contract or any period of renewal or extension, County may desire to obtain services from Vendor that are not within the scope of Vendor

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obligations hereunder (hereinafter, "Additional Services"). As soon as reasonably practicable and in any event, within thirty (30) business days after Vendor's receipt of County's request for Additional Services, Vendor shall submit to County Vendor proposal for the provision of Additional Services at the Vendor services rate as stated in "Exhibit B." Notwithstanding any other provision of said Contract or any incorporated or referenced document or any exhibit, attachment, or associated document, County may in County sole discretion obtain Additional Services from professionals or professional firms other than Vendor.

4.17 Services Managers. Set forth on "Exhibit C," attached hereto and incorporated herein for all purposes are the names and contact infonnation for the persons designated by the Parties as their initial respective Services Managers.

(a) Services Managers. Vendor and County at the start of said Contract shall each assign a respective Services Manager ("Manager"), who can address all administrative, technical, and contractual issues effectively and efficiently. The Managers will be responsible for the management and implementation of said Contract and shall serve as the primary contact for each party throughout the Term of said Contract. Each party represents that its Manager is and will be fully qualified and authorized to perfonn the tasks assigned provided, however, that any significant deviation from the intent of said Contract, any increase in cost to the County, or any extension to the deliverable due dates shall not be effective unless signed by the authorized signatories of both Parties by a formal written.amcndment to said Contract and approved by County Commissioners Court.

(b) Removal of Manager. Upon at least fourteen (14) days advance written notice, and with the written consent of the other Pmiy, which consent shall not be nnreasonably withheld or delayed, either Party may replace its Manager. This requirement shall not be enforced in the event of an emergency or termination for cause.

(c) County Manager ("County Manager"). The County Mmlager or the County Manager designated representative will be responsible for coordinating all aspects of Service relating to said Contract. Vendor shall work with County Manager or her designated representative throughout the Term of the Contract. The County Manager shall decide all questions that may arise as to the quality and acceptability of any Services performed pursuant to said Contract. If in the opinion of the County Manager, Vendor performance is in breach of this Contract or the applicable Service Level Agreement, the County shall notify Vendor of such and Vendor shall immediately make such performance acceptable to County at no additional cost to County.

(d) Vendor Manager. Vendor shall assign or designate without additional cost to County a Vendor Manager for the performance of Services by Vendor who shall without limitation: 1) be reasonably accessible; 2) assume group coordination, management, monitoring, administrative, and leadership

responsibilities for Vendor Personnel that perform the Services; and 3) have the ability to respond efficiently and effectively to any immediate concerns of

County during the performance of said Services, including the ability to lead and direct Vendor Personnel while performing said Services.

4.18 Personnel.

(a) Personnel Qualifications. Vendor warrants that Vendor and its Personnel, agents, employees, associates, and affiliates are fully qualified and licensed persons and entities that can successfully perform and complete the Services pursuant to said Contract, and are in

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compliance with all applicable laws, including but not limited to immigration laws. Upon request by County, Vendor shall identify to County all Vendor Personnel, agents, employees, associates, and afi1liates and its or their roles and responsibilities. Vendor shall be solely responsible for payment of all wages, benefits, worker's compensation, disability benefits, unemployment insurance, as well as for withholding any required taxes for all Vendor Personnel in accordance with applicable federal, state, and local law. Vendor agrees to provide County with information regarding individual Vendor Personnel or proposed Vendor Personnel as County may reasonably request.

(b) Persolllel Cooperation. Each Party recognizcs the importance of cooperation among its respective Personnel, and each party shall use commercially reasonable efforts to ensure positive working relationships bctween the Parties to ensure timcly completion of its respective tasks.

(c) Replacement or Removal of Personnel

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

2) Replacement of Vendor Personnel. Vendor shall have the right to make reasonable and necessary changes to Vendor Personnel in order to accomplish the purposes of said Contract with prior written notice to the County Manager. Any changes in the Vendor Personnel shall be made utilizing persons of similar background, experience, and credentials and shal1 be for the benefit of County. Vendor shall not be required to obtain County prior approval of temporary changes due to vacation or illness of Vendor Personnel but must provide immediate written notice to County Manager. If the temporary change in Vendor Personnel is for a period to exceed thirty (30) business days, Vendor shal1 be obligated to seek County approval which shal1 not be unreasonably withheld.

4.19 Reporting and Accountability.

(a) Vendor agrees to submit all required documentation and reports on a timely basis and in accordance with the specified time frames. Vendor shal1 account for and maintain complete records of its activities and al1 inventories pursuant to said Contract.

(b) Vendor agrees that al1 of County's information, data and supporting documentation that relates to the Services under said Contract shal1 remain the property ofthe County.

(c) Access to Records. Should County determine it reasonably necessary with supporting County documents, Vendor shal1 make all of its records and books reasonably related to said Contract available without delay to authorized County Personnel during business hours to filltill inspection or auditing deadlines and purposes or to substantiate the provision of Services under said Contract. Required documents may include but are not limited to documents pertaining to Services provided for purposes of programming, creation and modification of data fields, and records oftelephone hours of support provided. shall provide

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such representatives any assistance and work space that they may reasonably require to conduct an audit.

(d) Pavment Audits. Audits may be conducted at any time during the Term of said Contract, but in no event more than one time in any twelve (12) month period and will cover the County fiscal year at the time of the audit. The County fiscal year runs from October I of each year through September 30 of the following year. Audits will be conducted at County's expense. However, Vendor shall not charge County for copies of its records or for use of its work space, equipment, computer system, or other items. For purposes of this paragraph, County will detennine its expenses in the conduct of the audit. Additionally, all costs incurred by County in conducting any such audit shall be reimbursed by Vendor in the event such audit reveals an aggregate discrepancy in any invoice or cumulative invoices not previously audited by County of more than fifteen percent (15%) of the correct anlOunt, up to a maximum amount of five thousand dollars ($5,000.00).

(e) Results. Ifan audit by County reveals any errors by County or Vendor, the Parties shall work together to resolve such errors. If an audit reveals underpayments to Vendor, County shall pay Vendor the full amount owed Vendor as revealed by the audit, within thirty (30) days of the audit findings. If an audit reveals an overpayment to Vendor, Vendor shall provide credits against future invoices to County for the full amount of the overpayment, within thirty (30) days of the audit findings. Any overpayment amounts that cannot be covered by credits against future invoices will be refunded to the County.

(1) Maintenance of Records. All documents shall be maintained and kept by Vendor for a minimum of four (4) years and ninety (90) calendar days after the end of the Term of said Contract. If any litigation, claim or audit involving these records begins before the specified period expires, Vendor shall keep the records and documents until the later occurrence of either the end of an additional four (4) years and ninety (90) calendar days ti-om the date of court filings or audit findings, or until all litigation, claims or audit findings are resolved.

5. PAYMENT

5.1 Contract Cost.

(a) Fees. In consideration of the Services to be performed by Vendor hereunder, County shall pay to Vendor the Fees set forth on "Exhibits B."

(b) Firm Fixed Prices. Vendor has submitted to County firm fixed prices for the items of goods and Services to be provided during the Initial Term. Firm fixed prices for the Services are inclusive of all related administrative and procedural costs necessary to accomplish such Services. Firm fixed prices do not include any applicable taxes, surcharges, and recovery fees. Firm fixed pricing and an estimate of any applicable taxes, surcharges and recovery fees will be identified in "Exhibit B."

(c) Future Adjustment of Prices. Approximately ninety (90) days prior to the Ending Date, Vendor may propose in writing, and submit supporting documents to County that the firm fixed unit prices in this Contract on the Effective Date shall be adjusted so as to be equal to an increase to reflect no more than five percent (5%) for any renewal or extcnsion to the Contract Terms.

(d) Any price adjustments must first be approved by County Commissioners Court.

(a) Expenses. Unless prior written approval by County is obtained, Vendor shall be responsible

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for all incidental costs related to the fulfillment of the requirements of this Contract, including without limitation those costs associated with equipment, materials, tools, mileage, parking fees, technology, or research" Upon County prior written approval for travel, living, and out of pocket expense, County shall reimburse Vendor for such expenses related to the fulfillment of the requirements of said Contract to the extent that such expenses are reasonably consistent with County policies for such reimbursements and expenses, Vendor agrees that the total maximum amount payable for approved reimbursable expenses under said Contract shall not exceed County per diem rates,

(b) Most Favored Status, The consideration paid by County for services andlor products tendered pursuant to said Contract shall not exceed the consideration to be paid by other Vendor customers of similar size as County pursuant to other agreements for identical services andlor products, including identical terms and conditions, deliverables, said Contract, andlor system routes (Le. rings and segments) which were entered into with Vendor within twenty-four (24) months of the Effective Date of the Contract ("MFC Period"). If the prices charged to another customer are significantly lower than the prices charged to County during the MFC Period then the prices charged to County shall be equitably adjusted to provide County the benefit of such lower prices for prospective purchases made by the County as of the date the lower prices were first invoiced during the MFC Period.

5.2 Couuty's Option to Purchase Goods and Services. County has the option but not the obligation to purchase any or all of the listed goods and services as herein described.

5.3 Payment Procedures.

(a) Vendor agrees to submit to the County complete, fully documented and accurate itemized invoices with appropriate and applicable attachments, as required by County for the Hosted Licensed Software and performed Services.

(b) Vendor will send all invoices to County at the following address:

Dallas County Office of Information Technology Attn: Alice Sweet 509 Main Street, Suite 608 Dallas, Texas 75202

(e) Each invoice shall at a minimum include a description ofthe Services, the day(s) that Vendor performed the Services, and the total amount billed for the Services rendered.

(d) After receipt of the invoice, the County shall review the invoice and approve it with any modifications deemed appropriate and thereafter forward the statement with any modifications to the County Auditor for payment.

VENDOR SHALL CREDIT THE COUNTY FOR ANY DISCREPANCY BETWEEN THE AMOUNT

SUBMfTTED FOR PAYMENT AND THE ACTUAL PAYMENT FIN ALL Y APPROVED BY THE PARTIES.

ONLY THE FINAL AMOUNT APPROVED BY THE PARTIES SHOULD BE ADJUSTED AGAINST THE

SCOPE OF SERVICES AND EXHIBITS VALUE.

(e) Upon receipt of invoice, County agrees to compensate Vendor from available designated fund within thirty (30) calendar days for such Services. County may withhold payment to Vendor for any disputed amounts, but must pay that portion of any invoice that is not subject to dispute. Notwithstanding the foregoing, County shall pay Vendor for all deliverables

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provided and services performed in accordance with the terms of this Contract. County shall pay Vendor only for those costs that are allowable herein and under applicable laws including without limitation federal and state rul.es, regulations, cost principles, and those stated in said Contract. County shall have the right to withhold all or part of any payments to the Vendor to offset any payment or reimbursement made to Vendor for ineligible expenditures, and undocumented units of Services billed.

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

(g) Administrative Controls. Vendor shall establish, document and maintain adequate administrative and internal controls to ensure that only allowable and valid costs are billed to County for Services intended pursuant to said Contract. Vendor must credit any expenditures or payments that are not within the scope or intent of said Contract.

5,4 Debts Pursuant to a Conrt of Law, Court Order, Judgment, or Lien

(a) Prior Debts. Except as otherwise set forth herein, County shall not be liable for costs incurred or Services rendered by Vendor before or after the Contract Term; for expenses not billed to County within the applicable time frames set forth in said Contract; or for any payment for Services not provided pursuant to the terms of said Contract.

(b) Debt to County. Vendor assures that Vendor including Vendor Personnel does not owe County any debt pursuant to any court order, judgment, or lien including, without limitation taxes. Vendor will immediately notifY County of any debt pursuant to any court order, judgment, or lien to County that is incurred by Vendor or by Vendor Personnel. County has discretion to withhold payments to Vendor pursuant to said Contract until such debt to County is fully paid.

(c) Debts and Liens. Vendor asserts and certifies that Vendor including Vendor's Personnel does not have any outstanding and unreleased taxes, judgments, liens, or prior debts owed and due to any persons, entities, municipality, state or federal agencies or governments. Any unpaid or unreleased taxes, judgments, or liens whether filed pursuant to the Uniform Commercial Code and listing Vendor or any of its personnel as a debtor will be Vendor's sole and absolute responsihility, and any failure by Vendor to comply with the release and payment in full of any taxes, judgments, or liens will be a breach of said contract that may result in termination at the absolute and sole discretion of County.

6. INSURANCE

Vendor agrees that at all times during the Term (and any Subsequent Terms) of this Contract it shall maintain for itself, and Vendor Personnel, or require its Vendor Personnel to maintain, as the case may be, in filII force and effect, insurance as provided herein. Vendor further agrees and shall be ready, willing, and able to provide to County, at any and all times, any insurance policy requested by County from Vendor. FiberLight, provided that the County may not make any more than one (1) such request in a year, unless it can show cause for such request.

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

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

Types of Coverage Workers' Compensation Employer's Liability

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

Limits of Liability Statutory

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

(b) Professional Liability Insurance or Errors and Omissions Insurance. Vendor shall secure, pay for, and maintain in full force and effect during the Term of this Contract and any Subsequent Terms and thereafter for an additional one (1) year from the effective date of cancellation, termination or expiration, sufficient professional liability or errors and omissions insurance in a minimum amount of Five Hundred Thousand and 001l 00 Dollars ($500,000.00) per occurrence with certificates of insurance evidencing such coverage to be provided to the County.

(c) Commercial General Liability Insurance, including Contractual Liability Insurance. Vendor shall maintain Commercial General Liability Insurance coverage, including Contractual Liability Insurance, for the following: (a) Premises operations; (b) Independent contractors or consultants; (c) Products/Completed operations; (d) Personal injury; (e) Contractual liability; (f) Explosion, collapse and underground; (g) Broad form property damage, to include fire legal liability. Such insurance shall carry a limit not less than Five Hundred Thousand and 001100 Dollars ($500,000.00) for bodily injury, property damage, and blanket contractual coverage per occurrence with a general aggregate of Four Hundred Thousand and 001100 Dollars ($400,000.00) and products and completed operations aggregate of One Million and 0011 00 Dollars ($1,000,000.00).

(d) Comprehensive Transportation Liability Insurance. Any liability associated with the use and operation of a transportation vehicle by Vendor and Vendor Personnel in connection with the performance of Services under this Contract shall not be the responsibility of the County. Vendor shall maintain Transportation Liability insurance with an individual single limit for bodily injury and property damage of no less than One Million and 0011 00 Dollars ($1,000,000.00) for each occurrence with respect to Vendor's transportation vehicles,

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whether owned, hired, non-owned, and which are used in connection with the performance of this Contract.

(e) Umbrella LiabilitylExcess Coyerage Insurance. Vendor shall maintain UmbreIlalExcess Insurance with a limit not less than Two Million and 00/100 Dollars ($2,000,000.00) for each occurrence for bodily injury, including death, loss or damage to property, and that shall follow the form of Commercial General Liability Insurance and Transportation Liability Insurance.

6.3 Vendor agrees that, with respcct to the aboye referenced insurance, all insurance policies will contain the following required provisions or endorsements:

(a) Additional Insured. Name County and County Personnel as additional insured for all Services under this Contract (as the interest of each insured may appear) as to all applicable coverage.

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

(c) Provide for an endorsement that the "other insurance" clause shall not apply to the County where the County is an additional insured on the policy with the coverage on this policy to be primary and non-contributory to the extent required by this Contract

(d) Provide notice in accordance with this Contract to the following person and address:

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

(e) Vendor agrees to waive subrogation, and each applicable policy of insurance shall state a waiver of SUbrogation, against County and County Personnel for injuries, including death, property damage andlor any other loss.

6.4 Vendor shall be solely responsible for all cost of any insurance as required here including any and all deductible amounts in the event that an insurance company should deny coverage.

6.5 it is the intent of these requirements and provisions that Vendor's insurance covers all cost and expense so that the County, including County Personnel, will not sustain any expense, cost, liability or financial risk under this Contract.

6.6 Insurance certificates. The celiificates of insurance shall list County as the certificate holder. Any and all copies of Certificates of Insurance shall reference said Contract for which the insurance is being supplied, shall list the policies meeting all conditions in this Contract, and be issued by an insurance company which is rated at least A-VIl by A.M. Best Company and authorized to do business in the State of Texas. Coverage dates shall be inclusive of the Term and each Subsequent Term, if any. Such certificates, shall be delivered to the Dallas County Director of Purchasing located at the Dallas County Records Building, 509 Main Street, 6'h Floor, Dallas, Texas 75202 within ten (l0) calendar days of the Effective Date andlor any Subsequent Term and upon renewals andlor material changes of such policies, but not less than fifteen (15)

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calendar days prior to the expiration of the term of such coverage, or such non-delivery shall constitute a default of this Contract subject to immediate termination at County's sole discretion.

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

6.8 All insurance required to be carried by Vendor and/or Vendor Personnel under this Contract shall be acceptable to the County in form and content, in its sole discretion. Acceptance of or the verification of insurance shall not relieve or decrease the liability of the Vendor.

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

(a) Order Vendor to stop Services hereunder, which shall not constitute a Suspension of Services;

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

(c) At its sole discretion, declare a material breach of this Contract, which, at County's discretion, may result in: I) Termination of this Contract; 2) Demand on any bond, as applicable; 3) The right of the County to complete this Contract by contracting with another vendor.

Vendor will be fully liable for the difference between the original Contract price and the actual price paid, which amount is payable to County by Vendor on demand; or

4) Any combination of the above;

(d) Obtain such insurance and deduct from the payments to Vendor the expense of obtaining such insurance and the cost of insurance premiums. However, neither Vendor nor any third party shall have any recourse against the County for payment of any premiums or assessment for any deductibles, or payment of any amount that would have been payable by any such insurance, as all such liability, cost, expense, premiums and deductibles are the sole responsibility and risk of the Vendor; and

(e) Any combination of the above.

6.10 Vendor shall promptly advise County in writing of any claim or demand known to Vendor against County or Vendor related to or arising out of Vendor's activities pursuant to said Contract.

6.11 Acceptance of the Services, or failure to act by County shall not constitute nor be deemed a release of the responsibility and liability of Vendor or Vendor Personnel for the accuracy and competency of their Services; nor shall such acceptance be deemed an assumption of responsibility or liability by County for any defect in the Services performed by Vendor and Vendor Personnel.

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6.12 Nothing herein contained shall be construed as limiting in any way the extent to which Vendor

may be held responsible for payments of damages to persons or property resulting from the

performance of Services of Vendor or Vendor Personnel pursuant to said Contract.

6.13 Survival. The provisions of this Section shall survive completion, suspension, cancellation,

termination or expiration of this Contract or any determination that this Contract or any portion

hereof is void, voidable, invalid or unenforceable.

6.14 Insurance Lapse. Pursuant to Section 94.73 of the County Code, if the Vendor fails to maintain

the insurance required under the Contract continuously at all times during the period stated in the

Contract, or otherwise has a lapse in any of the required insurance coverage, including workers'

compensation coverage, Vendor shall reimburse the County for any and all costs including

attorney fees incurred by the County in curing said default. In the event of any insurance lapse,

the County shall retain five percent (5%) of the value of the total Contract Sum for a period of six

(6) months from the date of the cure of the insurance lapse or the date the Contract has ended,

whichever is later, to cover the County's potential exposure to liability during the period of the

insurance lapse. VENDOR FURTHER AGREES TO INDEMNIFY COUNTY FOR ANY PENALTIES, FINES,

JURY AWARDS, COURT COSTS, LITIGATION EXPENSES, AND ATTORNEYS' FEES INCURRED BY

COUNTY DUE TO VENDOR'S FAILURE TO MAINTAIN THE REQUIRED INSURANCE AT ALL TIMES

DURING THE TERM OF THE CONTRACT. VENDOR, AT ITS OWN EXPENSE WITH COUNSEL OF

COUNTY'S CHOlCE, WILL DEFEND AND HOLD COUNTY HAfuMLESS IN ANY CLAIM OR ACTION

AGAINST COUNTY THAT OCCURRED AS A DIRECT OR INDIRECT RESULT OF VENDOR'S FAILURE TO

MAINTAIN INSURANCE AT ALL TIMES DURlNG THE TERM OF THE CONTRACT. WITHOUT WAIVING

ANY RlGHTS UNDER SOVEREIGN IMMUNITY, THE COUNTY SHALL COOPERATE WITH AND MAY

MONITOR VENDOR IN THE DEFENSE OF ANY CLAIM, ACTION, OR PROCEEDING AND WILL, IF

APPROPRlATE, MAKE VENDOR PERSONNEL AVAILABLE AS VENDOR MAY REASONABLY REQUEST

WITH REGARD TO SUCH DEFENSE, SUBJECT TO THE REIMBURSEMENT BY VENDOR OF ALL COSTS

AND EXPENSES OCCASIONED BY TilE COUNTY'S COOPERATION IN SUCH DEFENSE. VENDOR

AGREES NOT TO SETTLE ANY SUCH CLAIM WITHOUT COUNTY CONSENT, WHICH CONSENT WILL

NOT BE UNREASONABLY WITHHELD OR DELAYED.

7. INDEMNIFICATION

TO THE FULLEST EXTENT AUTHORIZED BV LAW, VENDOR SHALL FOREVER WAIVE, RELEASE, INDEMNIFV AND HOLD HARMLESS COUNTY AND COUNTY PERSONNEL (COLLECTIVELY, "COUNTY") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES (INCLUDING DEATH), CAUSES OF ACTION, CLAIMS, DEMANDS, LIABILITIES, JUDGMENTS, SUITS, FINES, ASSESSMENTS, PENALTIES, ADVERSE AWARDS AND EXPENSES (WHETHER BASE UPON TORT, BREACH OF CONTRACT, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, FAILURE TO PAV VENDOR PERSONNEL TAXES OR WlTHHOLDINGS, FAILURE TO OBTAIN WORKER'S COMPENSATION INSURANCE, OR OTHERWISE), WHETHER KNOWN OR UNKNOWN, INCLUDING, WITHOUT LIMITATION, LEGAL AND RELATED LEGAL FEES AND EXPENSES, OF ANY KIND OR NATURE ARISING OUT OF OR ON ACCOUNT OF, OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED INTENTIONAL OR NEGLIGENT ACT OR OMISSION OF, OR DEFAULT IN THE PERFORMANCE OF, ATTEMPTED PERFORMANCE OF, OR FAILURE TO PERFORM VENDOR'S OBLIGATIONS PURSUANT TO THIS CONTRACT, (2) ANY TERMS OR CONDITIONS OR PROVISIONS OR UNDERLYING PROVISIONS OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, ANY PREMISES OR SPECIAL DEFECT KNOWN OR UNKNOWN TO COUNTY, AND ANY INJURY TO INDIvmUALS PRESENT DUIUNG VENDOR'S fNVOLVEMENT UNDER THE TERMS AND CONDITIONS OF THE CONTRACT, INCLUDING WILLFUL ACTS SUCH AS ASSAULT, COPYRIGHT, LICENSiNG AND PATENT INFRINGEMENT RELATING TO ANY SOFTWARE AND/OR EQUIPMENT PROVIDED BY VENDOR; AND WRONGFUL IMPRISONMENT OR OTHER INTENTIONAL TORTS AS A RESULT OF INCORRECT AND/OR SCRAMBLED INFORMATION DOWNLOADED FROM ANY SOFTWARE AND/OR EQUIPMENT PROVIDED BY VENDOR, AND (3) THE SELECTION, PROVISION, MISUSE, USE, OR FAILURE TO USE, BY VENDOR OR ANY PERSON OR ENTITY, OF ANY DEVICES, TOOLS, SUPPLIES, MATERIALS, EQUIPMENT, OR VEHICLES (WHETHER OWNED OR SUPPLIED BY COUNTY, OR ANY OTllER PERSON OR ENTITY) IN CONNECTION WITH SAID SERVICES, WORK OR OPERATIONS; FURTHER, VENDOR, TO THE FULLEST EXTENT ALLOWED BY LAW, AGREES TO WAIVE, RELEASE, INDEMNIFY AND HOLD HARMLESS COUNTY AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES

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(INCLUDlNG DEATH), CAUSES OF ACTION, CLAIMS, DEMANDS, LIABILITIES, JUDGMENTS, SUITS, FINES, ASSESSMENTS,

PENALTIES, ADVERSE AWARDS AND/OR OTHER EXPENSES OF ANY KIND OR NATURE WHATSOEVER (WHETHER BASE

UPON TORT, BREACH OF CONTRACT, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR OTHER INTELLEC1lJAL

PROPERTY INFRINGEMENT, FAILURE TO PAY COUNTY PERSONNEL TAXES OR WITHHOLDINGS, FAILURE TO OBTAIN

WORKER'S COMPENSATION INSURANCE, OR OTHERWISE), INCLUDlNG, WITHOUT LIMITATION, LEGAL AND RELATED

LEGAL FEES AND EXPENSES, OF ANY KIND OR NATURE THAT ARE INCURRED BY OR SOUGHT TO BE IMPOSED ON

COUNTY ARISING OUT OF OR ON ACCOUNT OF, OR RESULTING FROM INJURY (INCLUDING DEATH), WHETIlER KNOWN

OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO ANY DISEASE, BY ANY MANNER OR METHOD

WHATSOEVER, OR DAMAOE TO PROPERTY (WHETHER REAL, PERSONAL OR INCHOATE), ARISING OUT OF OR IN ANY WAY

RELATED (WHETHER DIRECTLY OR INDlRECnY, CAUSALLY OR OUIERWISE) TO TIlE CONTRACT AND/OR COUNTY'S

PERFORMANCE OF, ATTEMPTED PERFORMANCE OF, OR FAILURE TO PERFORM SERVICES, OPERATION OR WORK. TI-IIS

INDEMNIPICATION SHALL APPLY, WHETHER OR NOT ANY SUCH INJURY OR DAMAGE HAS BEEN BROUGHT ON ANY

mEORY OF LIABILITY, INTENTIONAL WRONGDOING, STRICT PRODUCT LlABILrrY, COUNTY'S NEGLIGENCE, OR BREACH

OF NON-DELEGABLE DUTY. VENDOR FURTHER AGREES TO DEFEND (AT THE ELECTION OF COUNTY) AT ITS SOLE COST

AND EXPENSE AGAINST ANY CLAM, DEMAND, ACTION OR SUIT FOR WHICH INDEMNIFICATION IS PROVIDED HEREIN.

COUNTY'S APPROVAL AND ACCEPTANCE OF VENDOR'S SERVICES OR SOFTWARE SHALL NOT CONSTITUTE NOR BE

DEEMED A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF VENDOR FOR THE ACCURACY AND COMPETENCY OF

VENDOR'S SERVICES OR SOFTWARE; NOR SHALL SUCH APPROVAL AND ACCEPTANCE BE DEEMED TO BE AN

ASSUMPTION OF SUCH RESPONSIBILITY BY THE COUNTY FOR ANY DEFECT, ERROR OR OMISSION IN THE SOFTWARE OR

SERVICES PERFORMED BY VENDOR IN TillS REGARD.

No INDEMNIFICATION BY COHNTY. VENDOR ACKNOWLEDGES AND AGREES THAT DALLAS COUNTY DOES NOT HAVE

THE ABILITY UNDER ARTICLE XI. SECTION 7 OF THE TEXAS CONSTITUTION TO INDEMNIFY VENDOR OR ANY OTHER

THIRD PARTY FOR DAMAGES ARISING UNDER THIS CONTRACT.

SURVIVAL. THESE PROVISIONS SHALL SURVIVE COMPLETION, SUSPENSION, TERMINATION. EXPIRATION

AND/OR CANCELLATION OF THIS CONTRACT, OR ANY DETERMINATION THAT THIS CONTRACT OR ANY

PORTION HEREOF IS VOID. VOIDABLE, INVALID OR UNENFORCEABLE.

8, OTHER ASSURANCES

8.1 Notice. Unless the Parties expressly mutually agreed otherwise, any notice to be given under said Contract shall be deemed to have been delivered if reduced to writing and delivered in person by a reputable courier service. or mailed by certified or registered Mail, postage pre-paid, return receipt requested, and properly addressed to the contact person shown at the respective addresses set forth below. or to such other persons or addresses as shall he specified by written notice delivered in accordance herewith. Such notice shall be deemed to have been given. if by courier, at the time of delivery. or if by mail, three (3) business days subsequent to the deposit of the notice in the United States mail. The names and addresses of the parties to whom notice is to be sent are as follows:

COUNTY: Stanley Victrum. CIO (214) 653-6649 stanley.victrum@dallascounty.org Dallas County Office of Information Technology 509 Main Street, #608 Dallas, TX 75202

VENDOR: FiberLight, LLC 11700 Great Oaks Way, Suite 100 Alpharetta. GA 30022 Attn: Legal Depat1ment legal@fiberlight.com

Copy to: FiberLight, LLC 11700 Great Oaks Way, Suite 100 Alpharetta. GA 30022 Attn: Senior VP of Sales

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

8.3 SOVEREIGN IMMUNITY. THIS CONTRACT IS EXPRESSLY MADE SUBJECT TO COUNTY'S

SOVEREIGN IMMUNITY, TITLE 5 OF THE TEXAS CIVIL PRACTICES AND REMEDIES CODE, AND ALL

APPLICABLE FEDERAL AND STATE LAWS. THE PARTIES EXPRESSLY AGREE TllATNO PROVISION OF

THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM

SUIT OR FROM LIABILITY, OR A WAIVER OF ANY TORT LIMITATION, AND ANY DEFENSES THAT THE COUNTY HAS BY OPERATION OF LAW OR OTHERWISE. NOTHING IN THIS CONTRACT IS INTENDED TO BENEFIT ANY THIRD PARTY BENEFICIARY.

8.4 Compliance with Laws and Venue. In providing Services required by said Conlract, Vendor shall observe and comply with all applicable federal, State, and local statutes, ordinances, rules, regulations, grant requirements, licenses, legal certifications, or inspections required for the Services, facilities, equipment, or materials. Said Contract shall be governed by Texas law and exclusive venue shall be in Dallas County, Texas.

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

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

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

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

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

8.10 Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Contract and any extensions thereto. Vendor shall have no right of action against County in the event County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any

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53

source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Contract by written notice to Vendor at the earliest possible time prior to the end of its fiscal year. To the extent possible, in the event that the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, County will be responsible for any unrecouped construction costs incurred by FiberLight in providing Service to County by Vendor as a result of County's termination in accordance with this section.

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

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

8.13 Contra Proferentum. The doctrine of contra proferentum shall not apply to this Contract. If an ambiguity exists in this Contract, the Contract shall not be construed against the Party who drafted the Contract and such Party shall not be responsible for the language used.

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

8.15 Assignment. Vendor shall not transfer or assign its interest in said Contract without the prior written consent of the County. Vendor understands that in the event that all or substantially all of Vendor's assets are acquired by another entity, Vendor is still obligated to fulfill the terms and conditions of said Contract. County approval to transfer or assign Vendor's interest in said Contract to an entity that acquires all or substantially all of Vendor's assets are subject to formal approval by the Dallas County Commissioners Court.

8.16 Subcontracting. Vendor shall not enter into agreements with subcontractors for delivery andlor performance of the designated Services outlined in said Contract without prior written consent of the County, which consent shall not be unreasonably withheld. The costs of all subcontracted services are included in the fees paid herein. Subcontracts, if any, entered into by Vendor will be in writing and subject to all requirements herein and pursuant to said Contract. Vendor agrees

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54

that Vendor is solely responsible to County for the delivery and performance of said Contract. Vendor shall pay all subcontractors in a timely manner. County shall have the absolute right to prohibit Vendor from using any subcontractor to perfom1 said Services pursuant to said Contract.

8.17 Internet Access. County shall have or obtain access to the internet at its sole cost and expense and must provide all equipment necessary to make such, and maintain such connection to the Internet. County acknowledges and understands that a high speed Internet connection of adequate bandwidth is required for proper performance of said Services herein, and agrees that Vendor is not responsible for internet outages, internet delays, or internet interruptions affecting internet connectivity between County and Vendor.

8.18 Confidential Information and Ownership.

(a) Ownership of Software. Notwithstanding anything in this Contract to the contrary, Vendor is the owner of all right, title, and interest in and to the Software and all components and copies thereof, including any derivative works based thereon prepared by Vendor or prepared jointly by the Parties. Subject to the licenses granted herein, title to all complete or partial copies of tbe Software, together with all applicable rights to copyrights, patents, trade secrets and other intellectual property rights in and to the Software, shall be and shall remain with Vendor. Nothing in said Contract shall be deemed to vest in the County any ownership rights in and to the Software, any components and copies thereof, or any derivative works based thereon prepared by Vendor or prepared jointly by the Pm1ies.

(b) Ownership of Training Materials: Other Deliverables. All training materials developed solely by Vendor will be the sole property of Vendor. All training materials developed solely by the County will be the sole property of the County. Any training materials developed jointly by the Parties shall be owned jointly by the Parties, and each party shall be entitled to exercise all rights of ownership of such materials without any duty to account to the other, provided, however, that both parties shall not disclose Confidential Infom1ation of the other PaI1y without specific authorization, on a case by case basis, in writing, in advance from that other Party.

(c) Confidential Information. Confidential Information refers to the following items one Party to this Contract (the "Disclosing Party") discloses to the other (the "Receiving Party"): (I) any information which would be recognized as confidential by a reasonable person from its nature and the circumstances surrounding its disclosure; (2) any document the Disclosing Party marks "confidential"; (3) recognized by statute as confidential, including information relating to individual health, mental health, sexually transmitted diseases, communicable disease, and HIV/AIDS; (4) any information the Disclosing Pm1y orally designates as "Confidential" at the time of disclosure, PROVIDED THE DISCLOSING PARTY CONFIRMS SUCH DESIGNATION IN WRITING WITHIN 14 BUSINESS DAYS; or (5) any source code for the Software disclosed by Vendor, whether or not marked as confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (a) is in the Receiving Party's possession at the time of disclosure; (b) is independently developed by the Receiving Party without use of or reference to Confidential Information; (c) becomes known publicly, before or after disclosure, other than as a result of the Receiving Party's improper action or inaction; or (d) is approved for release in writing by the Disclosing Party.

(d) Nondisclosure. The Receiving Party shall not use Confidential Information for any purpose other than to facilitate the transactions contemplated by this Contract (the "Purpose"). The Receiving Party: (i) wiII not disclose Confidential Information to any Personnel of tl,e Receiving Party unless such person needs access in order to facilitate the Purpose and

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55

executes a nondisclosure agreement with the Receiving Party, with terms no less restrictive than those of this Section; and (ii) will not disclose Confidential Information to any other third party without the Disclosing Party's prior written consent. Without limiting the generality of the foregoing, the Receiving Party will protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. The Receiving Party will promptly notifY the Disclosing Party of any misuse or misappropriation of Confidential Information that comes to the Receiving Party's attention. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. The Receiving Party will give the Disclosing Party prompt notice of any such legal or governmental demand and reasonably cooperate with the Disclosing Party in any effort to seek a protective order or otherwise to contest such required disclosure, at the Disclosing Party's expense.

(e) Care. Should the protection of such Confidential Information requires more than the same care that the Receiving Party takes to protect its infonnation of a similar nature, but in no event less than reasonable care, and such protection will restrict the Receiving Party's business, then prior to disclosure, the Disclosing Party will provide to the Receiving Party with a non-confidential written summary of any data intended to be Confidential Information. Within five (5) business days or receipt of such a swnmary, the Receiving Party may reject the information in writing. Information disclosed without such a summary, or after such rejection, will not be considered Confidential Information.

(I) Termination of Vendor's Right to Possess Confidential Information. Upon the earlier occurrence of completion, expiration, or termination of said Contract for any reason, or the Disclosing Party's request, Vendor's rights to possession and use of any of the County Data and County Confidential Information in connection with the performance of its obligations hereunder or otherwise shall terminate and Vendor shall immediately provide a final export as well as deliver to County all County Data and County Confidential Information and all copies in any media or format of any portion thereof.

(g) Certification in Writing. Vendor shall, upon completion of such delivery, immediately cel1ify in writing to County that it has fulfilled its obligations under this Section.

(h) County Software. County shall identify the County Software, if any, that Vendor is authorized to use to perform the Services pursuant to said Contract and specify the rights of Vendor to use the County Software for the benefit of the County.

(i) Countv Hardware. County agrees to provide all required workstation(s), scanner(s), printer(s), and other hardware equipment that may be necessary to use Vendor Services and Software.

Gl Third Party Software. County agrees to use its own third party software as may be necessary for accessing Vendor Service including but not limited to Microsoft Internet Explorer Version 7.0 or higher as the County's browser software which supports a data security protocol compatible with the protocol used by Vendor. Until notified otherwise by Vendor, County agrees to use software that supports the Secure Socket Layer (SSL) protocol accepted by Vendor and to follow logon procedures for said Services that support the protocol.

(k) Upgrades, Fixes. and Enhancements. Vendor shall notify County of any upgrades, fixes, or enhancements to its software, protocol(s), and Services, and shall further notifY County of

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any compromise of Data transmitted across any computer networks or telecommunications facilities including but not limited to the internet.

(I) Trademark Information. Vendor's service marks, logos, and product and Service names are marks of Vendor ("Vendor Marks"). County agrees not to display or use Vendor Marks without Vendor's express prior written consent.

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

(n) Information Security. Vendor shall comply with the security procednres that are in effect during the Term of said Contract for the security of County's facilities and County Data. In the event that Vendor Personnel may have the ability to defeat systems security provisions on devices containing related and unrelated confidential information or data, Vendor covenants that it shall not access such County data or information or assert waiver of these confidentiality requirements by virtue of Vendor's access.

I) Right of Audit by County. Not more than once in a twelve (12) month period, County shall have the right to review Vendor's information security program prior to the commencement of Services and from time to time during the Term of said Contract, supported by County Documents. During the performance of the Services, on an ongoing basis from time to time and without notice, County, at its own expense, shall be entitled to perform, or have performed, an on-site audit of Vendor's information security program. In lieu of an on-site audit, upon request by County, Vendor agrees to complete, within forty-five (45) days of receipt, an audit questionnaire provide by County regarding Vendor's information security program.

2) Audit by Vendor. No less than annually, Vendor shall conduct an independent third­party audit of its information security program and provide such audit findings to County.

3) Audit Findings. Vendor shall implement any required safeguards as identified by County or information security program audits.

(0) Survival. The provisions of this Section shall survive completion, suspension, cancellation, termination and/or expiration of this Contract or any determination that this Contract or any portion hereof is void, voidable, invalid or unenforceable.

8.19 Vendor's Warranties.

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

(b) Professional Quality. Vendo£ warrants to County that all materials and services will be of

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

(c) Non-Infringement, Vendor and Vendor Personnel shall perform their obligations under this Contract in a manner that does not infringe, or constitute an infringement or misappropriation of, any patent, copyright, trademark, trade secret or other proprietary rights of any third party or contain the confidential information of any third party, Vendor represents that, to its knowledge, as advised by counsel, the software, source code and documentation, the third party software, and the services performed by Vendor under this Contract, do not, and will not, infringe any patent, copyright, trade mark or trade secret or any other intellectual property interest owned or controlled by any other person or third party, If any claim by a third party against the Party asserting or involving a patent, copyright, trade secret or proprietary right violation involving any product or services acquired or provided by Vendor hereunder, then Vendor will defend, at its expense, and will indemnify the County against any loss, cost, expense, or liability arising out of such claim, whether or not such claim is successfuL

820 Vendor agrees to establish safeguards to prohibit Vendor Personnel from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,

821 Vendor agrees to disclose prior to commencement of a particular assignment any material/financial interests that it or a third party may have in the Services required under this Contract,

8,22 Vendor's Support, Vendor shall make commercially reasonable efforts to promote County's successful utilization of the Services and Software pursuant to said Contract including but not limited to providiug County with system activation, implementation, integration, standard training, documentation, and help desk and technical support,

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

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8.24 LIMITATION OF LIABILITY. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN SAID CONTRACT TO THE CONTRARY, AND NOT WAIVING ANY APPLICABLE LOCAL, STATE AND FEDERAL RULES AND LAWS, INCLUDING SOVEREIGN IMMUNITY AND ARTICLE Xl, SECTION 7 or THE TEXAS CONSTITUTION, THE LIABILITY OF VENDOR TO COUNTY FOR DAMAGES AlUSING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OTHER THAN FOR FRAUD, SECTION 7 (INDEMNIFICATION), AND SECTION 8.18 (COUNTY CONFIDENTIAL INFORMA nON), WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO ONE HUNDRED PER CENT (100%) OF THE CONSIDERATION TO BE PAID PURSUANT TO TI'US AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (I) CLAIM FOR DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH; AND (Il) CLAIM BY COUNTY PURSUANT TO SECTIONS 7 (INDEMNIFICATION), AND 8.18 (COUNTY CONFIDENTIAL INFORMATION AND OWNERSHIP).

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

8.26 Vendor, by acceptance of funds provided under said Contract, agrees and ensures that Vendor Personnel paid from these funds are duly licensed and/or qualified to perfonn the required Services. Vendor further agrees and ensures that all program and/or facility licenses necessary to perform the required Services are current and that County will be notified immediately if such licenses become invalid during the term of this Contract.

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

8.28 County shall have no liability to any Vendor's Personnel in the event Vendor does not payor delays payment to any Vendor Personnel. At termination, completion, cancellation or expiration of this Contract, Vendor shall deliver to County an affidavit of all invoices paid. Final payment shall be contingent upon receipt of such affidavits as resolution of all accounting for which County is or may be liable under this Contract.

8.29 Under Section 231.006, Texas Family Code, Vendor certifies to County that the owner(s) of at least a 25% interest in the organization is not delinquent in any child support obligation that renders him/her ineligible to receive payment under the terms of this Contract. Vendor hereby acknowledges that this Contract may be terminated and payment may be withheld if this Certification is inaccurate.

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

8.31 Vendor assures that it shall not receive personal benefits or gains in performance of the Services outlined in this Contract. Furthermore, Vendor agrees to disclose prim to commencement of a particular assignment any material/financial interests that it or a thi"d party may have in the Services required under this Contract.

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

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

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

8.35 Corporate Good Standing. Vendor represents and warrants that it, including its Personnel: (I) is a corporation duly incorporated, validly existing and in good standing; (2) has all requisite corporate power and authority to execute, deliver and perform its obligations hereunder; (3) is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required for the ownership or leasing of its assets or the transaction of business of the character transacted by it except when the failure to be so licensed, authorized or qualified would not have a material adverse effect on Vendor's ability to fulfill its obligations hereunder.

8.36 Order of Precedence. In the event of a conflict or ambiguity within, between or among the provisions of this Contract and/or any of the referenced documents, all parties agree that the provisions of this Contract shall take precedence and be supported by any provisions in the referenced documents that are favorable to the County's position.

8.37 Tax. Dallas County, as a county of the State of Texas, is exempted from the payment of Texas state and local sales, excise, and use taxes pursuant to Texas Local Government Code, § 151.309, and shall therefore not be liable or responsible to the Vendor for the payment of such taxes under this Contract. The County will provide Vendor with any valid exemption certificates in order for Vendor to exempt any taxes. Any estimated applicable taxes, surcharges and recovery fees will be identified in Exhibit B and will appear as separate line items on invoices.

8.38 Minority Participation. Vendor agrees to comply with the provisions of Minority/Women Business Enterprise (MWBE) Specifications as submitted and filed with the Dallas County MWBE office.

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

IN WITNESS WHEREOF, the parties hereto have accepted the terms of this Contract in full, and caused this Agreement including the Exhibits attached hereto and incorporated herein by reference for all purposes to be executed as of the date first above written.

[SIGNATURES APPEAR ON THE NEXT PAGE]

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COUNTY AND FIBERUGIIT. LLC - PAGE 24 01" 38

FIBERLIGHT, LLC ("VENDOR" OR "FBL"):~

BY:

DATE:

DALLAS COUNTY ("COUNTY"):

Clay Lewis Jenkins Dallas County Judge

60

DATE: ____________ _

Recommended:

BY: ___________________ ___

Stanley Victrum CIO, Office ofInfonnation Technology

APPROVED AS TO FORM":

CRAIG WATKINS DISTRICT ATTORNEY

BY: ____________________ _

.C~~d-~ Deborah Jagai <cc. ~c "'----..,

Assistant District 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 LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF

OTHER PARTIES. OUR REVIEW OF TRIS 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).

CoO

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COUNTY AND FIBERUGHT. LLC· PAGE 25 OF 38

Definitions:

61

"EXHIBIT A" SCOPE AND DELIVERABLES

I. ETHERNET PRODUCT

(a) "Access Interface" shall mean a physical point-to-point segment or portion of the Ethernet Service. which typically connects County's location to County's Ethernet cloud. This is typically used to connect to another Alar an ElI and requires at least one EVe.

(b) "Additional Hub Tail Circuit" shall mean any supplemental Ethernet Private Line Services ordered by the same County who purchased the Primary Hub Tail Circuit and utilizing the same Cisco 15454 serving the Ethernet Hub location as the Primary Tail Circuit.

(c) "Broadcast Traffic" shall mean Ethernet frames sent to all network devices on the link.

(d) "Client Protection" shall mean a four fiber handoff between County and County where the equipment between the Parties shall be configured with a unidirectional linear protect scheme.

(e) "Committed Access Rate" ("CAR") shall mean that fixed level of bandwidth up to which the County shall be entitled to use for the Service. Such rate shall incur a fixed recurring charge as set forth on "Exhibit B." With a CAR, County will not be authorized to access bandwidth on a bursting basis.

(t) "Cross-Connect" shall mean the cOl1mection of County's Services to another service, either within County's facilities or from County's facilities to any third party facilities. When available, the rate for Cross-Connect will be in addition to the standard charges and will be calculated on an individual case basis as set forth on "Exhibit B." Prior to County's interconnection of a Cross­Connect to any third party facilities, County agrees to provide a letter of authorization from such third party authorizing the interconnection of the Cross-Connect. County agrees that if such third party revokes its authorization, County is expressly authorized to disconnect such Cross-Connect from such third party's facilities withollt any notice by County to County upon such revocation of authority.

(g) "Ethernet Hub" shall mean a channelized Ethernet Private Line Service where County orders Service from the A-location into County's Hub site. County may order Ethernet Tail Circuits (not to exceed the capacity level of the Ethernet Hub Service) from County's Hub to multiple Z­locations. County understands that there are technical limitations with the Ethernet Hub Service and will consult County for details prior to ordering.

(h) "Ethernet Interconnect Inlerface" shall mean that physical point-to-point segment or portion of the County's ES, which typically connects County's centralized aggregation point to County's Ethernet cloud. The Ell is typically used in a point to multi-point architecture and does not include an EVC.

(i) "Ethernet Virtual Circuit" shall mean a software-defined logical connection between two network devices that is not a dedicated connection but acts as though it is and which is capable of transporting Ethernet frames.

(j) "Hub-lo-Central Office Colo" shall mean Service from County's central networking site to a central office with County's networking equipment in place at the rate specifled.

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(k) "Hub-Io-Point" shall mean Service from County's central networking site to any iocation at the rate specified.

(I) "Layer 3 Device" shalI mean a device that utilizes network addresses (IP address) to make data traffic destination decisions, not physical addresses (MAC address).

(m) "Load Shared Ethernet Private Line Service" shall mean Service where County provides two client-side interfaces with two physically diverse, unprotected connections. County is responsible for routing traffic for a Load Shared Service.

(n) "Multicast Traffic" shall mean Ethernet frames sent to a single destination address which then distributes the frames to multiple network devices, each with its own destination address.

(0) "Point-la-Central Office Colo" shall mean Service from any location to a central office with County's networking equipment in place at the rate specified.

(p) "Point-to-Hub" shalI mean Service from any location to County's centrai networking site at the rate specified.

(q) "Point-to-Point Ethernet" shall mean a concatenated Ethernet Private Line Service where County specifies both the A-location and Z-Iocation on "Exhibit A."

(r) "Point-to-Point" shall mean Service from County's or its User's premise to any location at the rate specified.

(s) "Primary Hub Tail Circuit" shall be defined as the initial Ethernet Private Line Service originating from a pre-established Ethernet Hub service to County's location (Z-Iocation).

(t) "Protected Ethernet Private Line Service" shall mean Service where County provides protection via diverse network paths, but still only a single client-side interface.

(u) "Tail Circuit" shall mean Service from the local serving central office that would normally serve a remote location to that remote location at the rate specified.

(v) "Unicast Traffic" shall mean Ethernet frames sent to a single destination address and network device.

(w) "Unprotected Ethernet Private Line Service" shaIl mean Service where County provides only a single client-side interface and one network path (not protected).

This document provides terms and conditions governing Ethernet Services.

THIS IS AN ORDER FOR TWO CIRCUITS: I. A 10GIG POlNT-TO-POlNT CIRCUIT FROM 509 MAIN ST., DALLAS. TX 75202-3521 TO

THE CYRUS ONE FACILITY LOCATED AT 2501 BUSINESS SR 121, LEWISVILLE, TX 75067-8188: AND

2. A IGIG POINT-TO-POINT CIRCUIT FROM 2377 NORTH STEMMONS FWY, DALLAS, TX 75207-2710 TO THE CYRUSONE FACILITY LOCATED AT 2501 BUSINESS SR 121, LEWISVILLE, TX 75067-8188.

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CIRCUIT 1: lOGBE A-Location: 509 Main St.. Dallas, TX 75202-3521 Z-Location: 2501 Business SR 121, Lewisville, TX 75067-8188

CIRCUIT 2: IGBE A-Location: 2377 North Stemmons Fwy, Dallas, TX 75207-2710 Z-Location: 2501 Business SR 121, Lewisville, TX 75067-8188

THE TERM FOR BOTH CIRCUITS IS 60 MONTHS.

Customer's Duties to Cooperate Customer or its representative must cooperate with FBL in the installation process, which includes accurate completion of a Service Order Form containing detailed demarcation information and other onsite contact listings, and of the necessary technical questionnaires (lP Questionnaire, and BGP Questionnaire) as provided by FBL Customer or its representative must be physically present at the time of installation, During installation and at all other frames, the Customer will allow access and if necessary provide escort, for FBL's or its representatives' necessary personnel to perform the installation and maintenance of the Service, to the designated building's phone closet(s) or telecommunications room or to the Customer's premises for the pnrposes of survey, installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer's failure to cooperate shall release FBL from its obligations pertaining to the Installation Guarantee part of the Contract, and shall not suspend the Service Date and thus the billing start date. In the event of technical problems relating to the Service, the Customer will ensure that FBL's or its representatives' service engineers have unrestricted access to the designated building'S phone closet(s) or telecommunications room or to the customer premises equipment. Customer's failure to provide access shall release FBL from its obligations pertaining to the Network Availability part of the Contract.

Demarcation Point Within a FBL data center: If Service delivery takes place within a FBL data center, FBL will deliver the Service at a demarcation point situated on the FBL equipment. FBL will provide, maintain and operate the necessary wiring ("Cross-Connect") for Customer to connect to FBL's service at the indicated demarcation point. FBL will provide such Cro,,-Connect against fees such as indicated on the Order Form.

Within a third-partE data center: If Service delivery takes place within a third party data center (i,e. that is not owned and/or operated by Vendor), Vendor will deliver the Service at a demarcation point situated at Customer's hand-off pane!. Unless otherwise agreed, County will at its own cost provide, maintain and operate the necessary wiring ("Cross-Connect") to connect to Vendor's service at the indicated demarcation point. If the Parties agree that Vendor shall provide such Cross-Connect, then Vendor will provide such Cross-Connect against fees such as indicated on "Exhibit B."

At all Off-Net Customer Location: Off-Net Services are being delivered to the Customer Location through a third-party local loop to be provisioned by FBL on behalf of Customer. Customer and FBL agree that the charges for such Service assumes that such Service will be terminated at a pre-established demarcation point or minimum point of entry (MPOE) in the building housing the Customer Location, as determined by the local access provider. FBL with advance notice in writing to County may only charge Customer additional nonrecurring charges not otherwise set forth herein for such Service where the Customer or local access provider determines that it is necessary to extend the demarcation point or MPOE through the provision of additional infrastructure, cabling, electronics or other materials necessary to reach the Customer Location. It shall be the Customer's responsibility to allow access to the facility for the local access provider, as well as to facilitate or coordinate with the property owner at the Customer

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Location, all additional space, and electricity determined by the local access provider to be necessary to provide the Service. FBL will notify Customer in writing of any additional non-recurring charges, if any, after FBL is notified by the local access provider of the amount of such charges. From time to time, FBL may provide, and Customer may accept, budgetary estimates for the extension of the demarcation point to the Customer Location. In the event actual costs exceed the budgetary estimate, FBL will notify the Customer in writing.

Within an On-Net corporate bUildinf!: If Service delivery takes place within an On-Net corporate building, Vendor will deliver the Service at a demarcation point situated on Vendor's equipment within the County's suite. Vendor will provide, maintain and operate the necessary wiring ("Riser") between the building entry and the indicated demarcation point.

In addition, the charges and the Term set forth for the Service the Parties assume that such Service can be provisioned by FBL through the local access provider selected by FBL (and/or Customer) for the stated Term. In the event FBL is unable to provision such Service through the selected local access provider or the selected local access provider requires a higher cost or longer Service Term than that set forth, pursuant to said Contract, the Parties may mutually agree to suspend provisioning of the Service hereunder or to cancel the Service set forth Upon receipt by Customer of written notice by FBL of any additional non-recurring charges, Customer will have five (5) business days to accept or reject in writing such changes. If Customer does not respond to FBL within the five (5) business day period, such changes will be deemed rejected by Customer. In the event Customer rejects the changes or if the Parties elect to cancel the Service ordered herein, the affected Service will be cancelled wifhout cancellation or termination liability of either Party.

SERVICE DESCRIPTION:

(a) "Ethernet Private Line" - shall mean a set of configurations where County obtains dedicated point­to-point connections between two locations on Vendor's Facilities or point-to-point connections aggregated to a single endpoint on Vendor's facilities using Gigabit Ethernet protocols.

Description Available LightSource Ethernet Pt to Pt

LightSource Ethernet Hub LightSource Ethernet End Link

Capacity Levels Available 10MB, 20MB, 30MB, 40MB, 50MB, 60MB, 70MB, 80MB, 90MB, 100MB, 200MB, 300MB, 400MB, 500MB, 600MB, 700MB, 800MB, 900MB, IGig, 2 Gig, 3 Gig, 4 Gig, 5 Gig, 6 Gig, 7 Gig, 8 Gig, 9 Gig, 10Gig 10MB, 100MB, IGig, 10Gig 10MB, 20MB, 30MB, 40MB, 50MB, 60MB, 70MB, 80MB, 90MB, 100MB, 200MB, 300MB, 400MB, 500MB, 600MB, 700MB, 800MB, 900MB, I Gig

NOTE: The configurations above are subject to technical limitations, and Vendor shall determine the actual allowed and available configurations. County understands that the bandwidth representations are only for Unicast Traffic, and Vendor's will not represent or guarantee the bandwidth for Multicast or Broadcast Traffic.

QinO: Vendor may offer QinQ tunnel ing on certain LightSource Ethernet services.

Jumbo: Vendor may offer jumbo frames, up to 1,546 bytes on Fast-Ethernet ports and 2,000 bytes on Gig-Ethernet ports.

(b) "Ethernet Service" ("ES") -- shall mean a configuration where County obtains Ethernet frames between two or more end-points transparently through an Ethernet Virtual Circuit ("EVC") analogous to

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Frame Relay. Two EVC's are used to provide bi-directional traffic for either point-to-point or point-to­mUlti-point connections. ES shall be ordered and provided based on a combination of its component parts: the Access Interface, Ethernet Interconnect Interface, and Ethernet Virtual Circuit. ES will be offered with both Gigabit Ethernet and 1011 00 interfaces and a fixed Committed Access Rate.

3 TESTING PROCEDURES FOR FACILITIES.

3.1 Testing Standards. Tests of each Service provided on Vendor's Facilities shall be made to detennine whether the Service complies with the following specifications and criteria pursuant to the Contract: (a) Ethernet Private Line - The applicable Service will successfully pass 99% of the Ethernet frames during the duration of the testing period. (b) Ethernet Service - The applicable Service will successfully pass 99% of the Ethernet frames during the duration of the testing period. (c) Other Services. The testing procedures and criteria for acceptance shall be determined on an individual case basis and set forth in the applicable accepted Service Order or other written agreement of the Parties.

3.2 Testing Periods. Vendor will use a reasonable duration for the tests for Services provided on Vendor's Facilities.

4 PERFORMANCE AND OPERATING STANDARDS FOR FACILITIES,

4.1 Availability, If a Service Outage (as defined herein) occurs with respect to Services provided entirely on Vendor's facilities and Vendor is unable to provide the Services at the Availability Factors (as defined herein), then Vendor will credit County's invoice for the applicable period with an amount equal to the Service Outage Credit (as defined herein) in the month following the request by County and determination of the applicable Service Outage Credit pursuant to the provisions set forth below; provided that County must request such Service Outage Credit and such request must be made within thirty (30) days of the applicable Service Outage. If a Chronic Service Outage (as defined herein) occurs for any Service, then County shall have the absolute and sale right to terminate the applicable Service pursuant to said Contract.

4.2 Service Outage. A "Service Outage" shall mean that County is unable to exchange Ethernet frames over the facilities.

(a) A Service Outage shall begin upon the earlier of Vendor's actual knowledge oUhe Service Outage or Vendor's receipt of written notice from County of the Service Outage and shall end upon the correction of the loss of service as set forth above.

(b) Notwithstanding the above, a Service Outage shall not be deemed to have occurred and no Service Outage Credits will apply: (i) during periods (A) of less than ten (10) minutes, (B) in which Vendor is not given access to its facilities or equipment that are required to provide the Services or to remedy any Service Outage, (C) in which planned or scheduled maintenance and repair activities are occurring, (D) in which County or its User continues to use the Services on an impaired basis, or (E) that are not reported to Vendor within thiIiy (30) days of the date the Service was affected; (ii) for interruptions that are caused by or due to (A) acts or omissions of County, its User or another third party, (B) the failure or malfunction of faeilities or equipment not owned or operated by Vendor, including without limitation the failure of the power supply, or (C) a Force Majeure Event limited to an act of god or war, or (D) disconnections by Vendor for non-payment or other contract default or breaches by County; (iii) for Services utilizing in whole or in part third pmiy facilities; and (iv) with respect to any Service whereby County's or its Users' usage of or demand with respect to the Service is greater than the amount of usage or capacity for which the County has subscribed.

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(c) Availability Factor. The following Availability Factors shall apply to the following Services that are provided entirely on Vendor's Facilities:

(i) Ethernet Private Line Services a. Unprotected - 99.9% b. Protected (Network protection; no Client Protection) - 99.99% c. Load Shared - 99.999% one of the two diverse paths will be available.

(ii) Ethernet Services Packet Delivery Rate-99.95%

The Availability Factors set forth above shall apply for each calendar quarter and is a measurement of the percent of total time that Service is operative and deemed available to County in accordance with the above specifications when measured over such period.

(d) Service Outage Credit. With respect to any Service Outages in excess of the Availability Factors, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar quarter in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the applicable period divided by 2160 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to governmental fees, taxes, surcharges and similar additional charges, nor are credits available for any usage based Services. OTHER THAN THE ADDITIONAL TERMINA TlON REMEDY SET FORTH BELOW FOR CHRONIC SERVICE OUTAGES, COUNTY'S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE AT COUNTY'S SOLE AND EXCLUSIVE REMEDY AND VENDOR'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT FIBERLlGHT FAILED TO MEET ITS OBLIGATIONS IN THE PROVIDING OF THE SERVICE.

(d) Chronic Service Outage. An affected Service shall be deemed to have experienced a Chronic Service Outage to the extent that in any calendar month (i) three or more like/related Service Outages have occurred with each such Service Outage having a duration of more than thiI1y (30) minutes or (ii) one Service Outage has occurred for a duration of more than forty­eight (48) hours, in each case where the applicable Service Outage has been reported by County to Vendor with respect to any Service within ten (10) days. If a Chronic Service Outage occurs, then County shall have the right to terminate the affected Service upon providing written notice to Vendor, without the incurrence of any Termination Charge; provided that County terminates the applicable Service on or before the expiration of the calendar month following which the Chronic Service Outage occurred. COUNTY'S RIGHT TO TERMINATE THE AFFECTED SERVICE SHALL BE THE COUNTY'S SOLE AND EXCLUSIVE REMEDY AND THE VENDOR'S SOLE AND EXCLUSIVE OBLIGA nON IN THE EVENT OF A CHRONIC SERVICE OUTAGE.

4.3 Background Bit Error Rate. (a) Standard. The following BBER standards shall apply with respect to Services that are actively being transmitted and are provided entirely FSL on FBL's Facilities: (i) Ethernet Private Line Services - 10-11 (ii) Ethernet Service N/A In order to test to determine whether a Service complies with the above BBER standards, Customer shall be required to request and authorize an intrusive test to be taken of the applicable Service for the period set forth in Section 3.2 above; provided an

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intrusive test shall not be required to the extent that FBL has installed equipment that is capable of monitoring such BBER on an ongoing basis without the need for an intrusive test. The Parties will cooperate on the timing and manner in which any such intrusive test is conducted, taking into consideration the need to minimize the interruption of Customer's, its Users', or FBL \ s other customers' services.

(b) Remedies for Failure to Comlliv with Standard. If a particUlar Service experiences a BBER worse than that set forth in (a) above that is applicable to such Service during such testing period, then FBL shall have a period of thirty (30) days to correct such deficiency. If after such thirty (30) day period FBL has not retested such Service in compliance with the BBER standards set forth above, then Customer shall be entitled to terminate the applicable Service upon providing written notice to FBL provided prior to the Service complying with such BBER standards set forth above. CUSTOMER'S RIGHT TO TERMINATE THE APPLICABLE SERVICE SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND THE FBL'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF FBL'S FAILURE TO MEET ITS BBER STANDARD OBLIGATIONS.

4.4 Mean Time to Repair. Mean Time to Repair ("MTTR") shall be the average, measured across all FBL customers. the time required to repair a Service and restore its availability and is stated in terms of equipment and cable outages. The time is measured from the time that the Service Outage is reported by Customer to FBL until the Service is available. With respect to Services provided on FBL's Facilities, FBL will use all commercially reasonahle efforts to (a) repair network equipment within an average of two (2) hours of when FBL's technical representative arrives on the applicable site where the equipment is located, not to exceed a total of four (4) hours from the time the Service Outage is reported and (b) have the first fiber on a cable cut restored within an average of six (6) hours of when FBL's technical representative arrives on the applicable site where the cable cut is located, not to exceed a total of eight (8) hours from the time the Service Outage is reported. Such averages will be calculated over a calendar quarter basis. FBL will undertake repair efforts on equipment or fiber when FBL first becomes aware of the problem, or when notified by Customer and Customer has released all or part of the Service for testing, at which point a trouble ticket will be established. Notwithstanding the above, the failure of FBL to meet such standards shall not constitute a default under this Agreement and FBL shall not be liable to pay Customer any penalties or damages or credit any portion of the Charges under this Agreement as a result of such failure. other than as set forth in Section 4.1 above.

5 CHARGES The following rates shall apply to the Service: Ancillary Services: Expedite 1-10 Mbps ll+Mbps

Due Date Supp 1-10 Mbps 11+ Mbps

Cnstomer Not Ready 1-10 Mbps 11+ Mbps

Non Recurring Fee $350/per day $600/per day

Non Recurring Fee SIOO/per Supp Request $650/per Supp Request

$250/per day S300/per day

Cancellation Prior to FOC

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1-10 Mbps: 6 Month MRR plus any applicable expenses already completed in the provisioning process 11+ Mbps: 6 Month MRR pIns any applicable expenses already completed in the provisioning process

Any charges not set forth above shall be governed by and as set forth in the respective Service Order, for which a FOC has been received, Upon written notice by FBL to Customer, FBL shall have the right, in its sole discretion, to amend the rates and Charges set forth in this Supplement for any Services ordered after the date of such amendment of this Supplement; provided that for the avoidance of doubt, subject to the Agreement, such amendment shali not apply to any Services that are subject to a Service Order for which FBL has accepted via a written FOC prior to the date of such amendment.

II, INTERNET ACCESS SERVICES

THIS DOCUMENT PROVIDES TERMS AND CONDrTIONS GOVERNING THE DEDICATED INTERNET ACCESS SERVICES, THIS IS AN ORDER FOR A 150MB INTERNET ACCESS COI\'NECTIONS BETWEEN VENDOR'S LOCATION AT 1950 N STEM MONS FWY, DALLAS TX 75207-3134 AND DALLAS COUNTY'S LEASED SPACE AT CYRUS ONE LOCATED AT 2501 BUSINESS SR 121, LEWISVILLE, TX 75067-8188.

Within the scope of the Dedicated Internet Access Service, County transmits IP-packets between the County Network and associated networks of its customers as well as to and from the global Internet using County's settlement-free peering agreements or paid IP transit with other networks.

THE TERM IS FOR 60 MONTHS.

2. Bnrstable Service

If County is purchasing Vendor's burstable Service, Customer will have a mmnnum bandwidth commitment assigned for a given port (the Bandwidth Commitment or Committed Data Rate, "CDR"). The Bandwidth Commitment is agreed upon in the Service Order Form and is the minimum amount of bandwidth that will be charged to Customer each month at the base Service price, even if not fully used by Customer during a given month. Customer may burst up to the maximum bandwidth that can be carried on a given port, e.g. 1,000 Mbps for a Gig-Ethernet port, subject to availability of bandwidth within Vendor's network.

If Customer exceeds the Bandwidth Commitment on any burstable port in any given calendar month, Customer agrees to pay the additional per Mbps charge for excess bandwidth usage over the Bandwidth Commitment as indicated in the Service Order Form. Such excess bandwidth usage is calculated by Vendor as the difference between total bandwidth usage and Bandwidth Commitment, where bandwidth usage total is detennined by collecting bandwidth usage samples every 5 minutes throughout the month for each port (a sample is based upon the average usage across the 5-minute segment) and determining the appropriate percentile

(90th or 95th) of usage as indicated in the Service Order Form. Only one sample is captured for each 5-minute period, even though two samples are collected - one for inbound utilization and one for outbound utilization. The higher of the two samples is retained. For partial months, the total number of samples for the calendar month is used; for samples where there is no usage, 0 is the recognized value. For example, in a 30-day billing period, 8,640 samples are collected (12 samples/hour x 24 hours/day x 30 days) and listed from highest to lowest. In case of 95th percentile billing, the highest 5% or 432 samples are discarded (representing the top 5% of usage levels). The highest remaining sample (sample 433 in this example) is used to detennine total bandwidth usage. For 90th percentile

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billing, the highest 10% or 864 samples are discarded (representing the top 10% of usage levels). The highest remaining sample (sample 865 in this example) is used to determine total bandwidth usage. Under the "Summed Burst Billing" option available in conjunction with 90th percentile burst billing, Vendor calculates excess usage as the difference between the sum of total bandwidth usage and the sum of Bandwidth Commitment across all summed ports. For example, if Summed Burst Billing is applied over three ports with a Bandwidth Commitment of 200 Mbps on each (i.e., a total Bandwidth Commitment of 600 Mbps) and the individual 90th percentile total bandwidth usage amounts were 70 Mbps, ISO Mbps and 500 Mbps, the excess bandwidth usage would be 120 Mbps (70 + 150 + 500 -600). Under the "Aggregate Burst Billing" option available in conjunction with 95th percentile burst billing, excess bandwidth usage is calculated by Vendor as the difference between total aggregated bandwidth usage and the summed Bandwidth Commitment across all aggregated ports, where total aggregated bandwidth usage is determined by adding usage samples every 5 minutes across all aggregated ports. For example, if there are three aggregated ports, every 5 minutes three inbound samples and three outbound samples are collected, added up to one bandwidth usage value per direction and the higher of the two values is retained. In a 3D-day billing period, the final 8,640 retained bandwidth usage values reflect the aggregated usage across all ports. These values are listed from highest to lowest. The highest 5% or 432 values are discarded (representing the top 5% of usage levels). The highest remaining value (value 433 in this example) is used to determinc total aggregated bandwidth usage.

4. Demarcation Point

Within a FBL data center: If Service delivery takes place within a FBL data center, FBL will deliver the Service at a demarcation point situated on the FBL equipment. FBL will provide, maintain and operate the necessary wiring ("Cross-Connect") for Customer to connect to FBL's service at the indicated demarcation point. FBL will provide such Cross-Connect for the fee set forth on the Service Order Form. Within a third-party data center: If Service delivery takes place within a third party data center (i.e. that is not owned and/or operated by FBL), FBL will deliver the Service at a demarcation point situated on the FBL equipment. Unless otherwise agreed, Customer will at its own cost provide, maintain and operate the necessary wiring ("Cross-Connect") to connect to FBL' s service at the indicated demarcation point. If Customer and FBL agree that FBL shall provide such Cross-Connect, then FBL will provide such Cross-Connect against fees such as indicated on the Service Order Fonn and the Service demarcation point will remain on the FBL equipment.

Within an On-Net Corporate Building. Vendor will deliver the Service at a demarcation point situated on Vendor's equipment within the Customer's suite. Vendor will provide, maintain and operate the necessary wiring ("Riser") between the building entry and the indicated demarcation point.

5. PERFORMANCE AND OPERATING STANDARDS FOR FACILITIES.

5.1 Availability. If a Service Outage (as defined herein) occurs with respect to Services provided entirely on Vendor's facilities and Vendor is unable to provide the Services at the Availability Factors (as defined herein), then Vendor will credit County's invoice for the applicable period with an amount equal to the Service Outage Credit (as defined herein) in the month following the request by County and determination of the applicable Service Outage Credit pursuant to the provisions set forth below; provided that County must request such Service Outage Credit and such request must be made within thirty (30) days of the applicable Service Outage. If a Chronic Service Outage (as defined herein) occurs for any Service. then County shall have the absolute and sale right to tenninate the applicable Service pursuant to said Contract.

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5.2 Service Outage. A "Service Outage" shall mean that County is unable to exchange Ethernet frames over the facilities due to an issue with the facilities.

Ca) A Service Outage shall begin upon the earlier of FiberLight's actual knowledge of the Service Outage or FiberLight's receipt of written notice from County of the Service Outage and shall end upon the correction of the loss of service as set forth above.

(b) Notwithstanding the above, a Service Outage shall not be deemed to have occurred and no Service Outage Credits will apply: (i) during periods (A) ofless than ten (I 0) minutes, (B) in which Vendor is not given access to its facilities or equipment that are required to provide the Services or to remedy any Service Outage, (C) in which planned or scheduled maintenance and repair activities are occurring, (D) in which County or its User continues to use the Services on an impaired basis, or (E) that are not reported to FiberLight within thirty (30) days of the date the Service was affected; (ii) for interruptions that are caused by or due to (A) acts or omissions of County, its User, (B) the failure or malfunction of facilities or equipment not owned or operated by Vendor, including without limitation the failure of the power supply, or (C) a Force Majeure Event limited to an act of god or war, or (D) disconnections by Vendor for non-payment or breaches pursuant to said Contract by County; (iii) for Services utilizing in whole or in part third party facilities; and (iv) with respect to any Service whereby County's or its Users' usage of or demand with respect to the Service is greater than the amount of usage or capacity for which the County has subscribed.

5.3 Service Outage Credit. With respect to any Service Outages in excess of the Availability Factors, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar quarter in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the applicable period divided by 2160 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied 10 governmental fees, taxes, surcharges and similar additional charges, nor are credits available for any usage based Services. OTHER THAN THE ADDITIONAL TERMINATION REMEDY SET FORTH BELOW FOR CHRONIC SERVICE OUTAGES, COUNTY'S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE COUNTY'S SOLE AND EXCLUSIVE REMEDY AND VENDOR'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT VENDOR FAILED TO MEET ITS OBLIGATIONS IN THE PROVIDING OF THE SERVICE.

5.4 Availability Factor. The following Availability Factors shall apply to the following Services that are provided entirely on Vendor's Facilities: a. Unprotected Access - 99.0% b. Protected Access - 99.99% c. IP Services Packet Delivery Rate - 99.9%

The Availability Factors set forth above shall apply for each calendar quarter and is a measurement of the percent of total time that Service is operative and deemed available to Customer in accordance with the above specifications when measured over such period.

5.5 Latency. FiberLight guarantees an average (in a calendar month) round-trip latency between the Customer's network and the FiberLight IP Network of no more than 10 ms.

6. Mean Time to Repair ("MTTR") shall be the average, measured across all FBL customers, the time required to repair a Service and restore its availability and is stated in terms of equipment and cable outages. The time is

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measured from the time that the Service Outage is reported by Customer to FBL until the Service is available. With respect to Services provided on FBL's Facilities, FBL will use all commercially reasonable efforts to (a) repair network equipment within an average of two (2) hours of when FBL's technical representative arrives on the applicable site where the equipment is located, not to exceed a total of four (4) hours from the time the Service Outage is reported and (b) have the first fiber on a cable cut restored within an average of six (6) hours of when FBL's technical representative arrives on the applicable site where the cable cut is located, not to exceed a total of eight (8) hours from the time the Service Outage is reported. Such averages will be calculated over a calendar quarter basis. FBL will undertake repair efforts on equipment or fiber when FBL first becomes aware of the problem, or when notified by Customer and Customer has released all or part of the Service for testing, at which point a trouble ticket will be established. Notwithstanding the above, the failure of FBL to meet such standards shall not constitute a default under this Agreement and FBL shall not be liable to pay Customer any penalties or damages or credit any portion of the Charges under this Agreement as a result of such failure, other than as set fOlih in Section 5.1 above.

In addition, the charges and the Term set forth in the Service Order Form for the Service assumes that such Service can be provisioned by FBL through the local access provider selected by FBL (andlor Customer) for the stated Term. In the event FBL is unable to provision such Service through the selected local access provider or the selected local access provider requires a higher cost or longer Service Term than that set forth in the Service Order Form, FBL reserves the right, regardless of whether FBL has accepted the Service Order Form, to suspend provisioning of the Service hereunder and notify Customer in writing of any additional non-recurring charges, monthly recurring charges and/or Term that may apply, or to cancel the Service set forth on the Service Order Form. Upon receipt of such notice, Customer will have five (5) business days to accept or reject such changes. If Customer does not respond to FBL within the five (5) business day period, such changes will be deemed rejected by Customer. In the event Customer rejects the changes (whether affirmatively or through the expiration of the five (5) business day period) or if FBL elects to cancel the Service ordered herein, the affected Service will be cancellcd without cancellation or termination liability of either party.

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"EXHIBIT B" FEES

THE MONTHLY RECURRlNG FEE FOR CIRCUIT 1 IS: THE MONTHLY RECURRING FEE FOR CIRCUIT 2 IS: THE MONTHLY RECURRING FEE FOR THE INTERNET CONNECTIVITY IS:

TOTAL

RECOVERY FEES (DALLAS AREA ONLY) TAXES (EXEMPT PROVIDED RECEIPT OF' VALID EXEMPT CERTIFICATE)

TOTAL (INCLUDING FEES)

$ 6,925.00 $ 2,900,00 $ 1,550.00 $11,375,00

$750,00 $0.00

$12,125.00

TECHNOLOGY SERVICES CONTRA.CT BETWEEN DALLAS COUNTY AND FIBERLIGHT. LLC ~ PAGE37oF38

73

"EXHIBIT C" PARTIES PERSONNEL

The names and contact infonnation lor the persons designated by the Parties as their initial respective personnel under said Contract are:

COUNTY SERVICE MANAGERS:

Stanley Victrum, CIa (214) 653-6649 stanl ey, vi ctrum@dallascounty,org Dallas County Office ofInformation Technology 509 Main Street, #608 Dallas, TX 75202

Rodney Christian 214-653-6341 Rodney,christian@dallascounty,org Office oflnfonnation Technology 509 Main Street, #608 Dallas, TX 75202

VENDOR SERVICE MANAGERS:

MarkComish Director - National Accounts Office: 678-347-9259 Cellular: 678-925-04 I 9 Fax: 678-348-7380 1 1700 Great Oaks Way, suite 100 Alpharetta, GA 30022 marLcomish@Fiberlight.com

Justin Jordan Sales Engineer 11700 Great Oaks Way Suite 100 Alpharetta, GA 30022 Office: 678-824-6633 Cell: 678-882-9509 Email: lustin.jordan@fiberlight.com

Sofia Estrada Regional Project Coordinator-Texas 4360 Beltway Place Building 2 Suite 230 Arlington, TX 76018 817-522-0454 (0) 817-795-6233 (1) Sotia.Estrada@tiberlight.com

TECHNOLOGY SERVICES CONTRACT BETWEEN DALLAS COU:\,TY AND FlBERLIGHT, LLC ~ PAGE 38 ov38

DALLAS COUNTY PUBLIC WORKS

September 19,2012

MEMORANDUM

TO: Commissioners Court

FROM: Alberta L. Blair, P.E. Director of Public Works

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SUBJECT: Work Order No.1 for HaltT Associates, Inc. Wildlife Parkway MCIP Project 40810 (from SH 161 to Belt Line Road)

BACKGROUND

12 SEP 2 6 Mill: IJ 6

Pursuant to RFQ 2011-053-5501 and as authorized by Commissioners Court Order Number 2011-1859, a contract for engineering services (Indefinite Delivery, Quantity) dated October 25, 2011, between Dallas County and Halff Associates, Inc. was executed.

Per the attached Work Order No.1, Halff Associates, Inc. shall provide professional services associated with the preliminary engineering of Wildlife Parkway from SH 161 to Belt Line Road, as described in Attachment "A".

FINANCIAL IMPACT

The County agrees to provide funding in the amount not to exceed $1,247,300.00 for professional services described in Attachment "A" of the attached Work Order No.1. Funding is available from Fund 196, Project 8201.

STRATEGIC PLAN COMPLIANCE

The attached Work Order No. I is consistent with the Dallas County Strategic Plan in that the project will result in improvements which can be credited to Vision 1: Dallas County is a model interagency partner; Vision 4: Dallas County proactively addresses critical regional issues, and Vision 5: Dallas County is the destination of choice for residents and businesses.

RECOMMENDTION

It is recommended that the County Judge be authorized and directed to execute the attached Work Order No.1 authorizing Halff Associates, Inc. to provide professional engineering services

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

Commissioners Court Page 2

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for Wildlife Parkway MCIP Project 40810 as described in Attachment "A" at a cost to the County not to exceed $1,247,300.00 for professional services, to be paid from Fund 196, Project 8201. If the Commissioners Court is in agreement, a court order will be placed on the next formal agenda.

Approved by:

Attachments (Work Order No. 1)

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

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HALFF ASSOCIATES, INC

WORK ORDER NO.1

ROAD AND BRIDGE DISTRICT 4 ENGINEERING SERVICES CONTRACT (INDEFINITE DELIVERY, INDEFINITE QUANTITY)

Work Order Number 1 , Project Number 40810, Date: August 14,2012

Pursuant to Commissioners Court Order Number 2011-1859, the contract for Engineering Services (litdefinite Delivery, Quantity) dated October 25,2011, between Dallas County and Halff Associates, Inc., (the Consultant).

I. CONSULTANT agrees to complete the work in compliance with the work order and contract for Preliminary Engineering Services for the Wildlife Parkway MCIP Project 40810 from SH 161 to Belt Line Road as described in the Scope of Services.

II. Maximum amount of this Work Order shall not exceed $1,247,300.00 unless amended per contract specifications. Funds are to be expended from:

MCIP Fund 196, Project 8201

III. Dallas County point of contact: Antonial Irvin P.E., Project Manager, 214.653.6457, Fax: 214.653.6445, email: antonial.irvin@dallascounty.org

ACCEPTED BY THE CONSULTANT: HALFF ASSOCIATES, INC.

By: z3d/7~'~ PatrickL. Kunz, P.E. t/ Chief Operating Officer

RECOMMENDED BY:

John . Mears, P.E. Assistant Director of Public Works

Alba L. Blair, P,E. Director of Public Works

APPROVED BY:

Clay Lewis Jenkins County Judge

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EXHIBIT "A" ATTACHMENT "A"

SCOPE OF SERVICES WILDLIFE PARKWAY FROM SH 161 TO BELTLINE ROAD

GENERAL DESCRIPTION

This scope of work describes Preliminary DesignlEngineering Phase services for Wildlife Parkway, designated a principal six (6) lane divided arterial (P6D) on the City of Grand Prairie (City) Master Thoroughfare Plan, extending from the northbound SH 161 Frontage Road at Lower Tarrant Road eastward to Beltline Road, a distance of approximately 9,200 feet. The scope of work for this task order includes surveying, subsurface utility engineering (SUE), geotechnical investigations, hydraulic modeling, alignment studies, roadway design, bridge design, right-of-way determination, environmental assessments, public meetings, and pennitting.

A detailed scope of services is listed below and is based on the following assumptions:

• The roadway alignment will generally confonn to the December 12, 2007 conceptual plan prepared by Halff Associates for the City and modified in May 2012.

• The project will be designed using City criteria and construction standards. • Project funding is from local sources and regional toll revenues. No federal funds are involved. • The project will be designed as a principal four (4) lane divided arterial (P4D) with sufficient

width in the median for future construction of two additional through lanes. • The project includes design of an approximately 1,800-foot bridge over the West Fork of the

Trinity River. The scope of work includes a hydraulic study to determine the required length of bridge and to detennine if a second overflow bridge is required or if there is a feasible alternative to the second bridge.

• The project will require an individual U.S. Anny Corps of Engineers (USACE) Section 404 Pennit.

• The County will pay all FEMA and CDC pennit and review fees. • Primary DesignlFinal Design services will be provided in a later task order.

DETAILED SCOPE OF WORK

A. PROJECT ADMINISTRATION

1. Kickoff Meeting (basic services)

Within ten (l0) days of award of contract, the Consultant will attend a kickoff meeting with the County and City to confirm design criteria and goals. A project schedule with interim milestones will be presented at this meeting. The Consultant will prepare a meeting agenda as well as minutes of the meeting. A design criteria chart will be provided with the minutes.

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2. Project Meetings (basic services)

The Consultant will meet with the COWlty and City at submittals of the schematic design and preliminary design (30%) and at bi-monthly progress meetings.

3. Monthly Reports and Billing (basic services) .

The Consultant will prepare a monthly report and updated schedule for submittal to the County on or about the first day of each month. The report will summarize previous month's activities and completion of major milestones. It will also identifY activities to be completed in the upcoming month and outstanding issues to be addressed. Billing will be done in the County billing format. A Dallas County MBElWBE Payment Report will accompany each invoice and report.

4. Quality Assurance/Quality Control (basic services)

The Consultant will prepare, implement, and document a formal QAlQC plan.

5. Team Coordination (basic services)

The Consultant will provide role and assignment definitions at the project kick-off meeting and manage subconsultants throughout the project.

B. SCHEMATIC DESIGN, GEOTECHNICAL INVESTIGATION, ENVIRONMENTAL DOCUMENTATION, AND PERMITTING

1. Data Collection (basic services)

a. Perform field reconnaissance of the proposed corridor and prepare a photographic record of major features.

b. Obtain deeds, easements, plats, and other property records from Dallas COWlty Records.

c. Obtain copies of development plans, record drawings, preliminary and final plats, and studies from the City.

d. Obtain latest hydrology for the West Fork of the Trinity River from the RAMP Team.

e. Obtain 2009 surface LiDAR from the City of Grand Prairie.

f. Obtain horizontal and vertical control points, datum, and benchmarks from the City.

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g. Obtain copies and electronic files for all standard construction details (paving, drainage, water, wastewater, pavement markings, signage, signalization, illumination, landscape, irrigation, erosion control, etc.) used by the City.

2. Design Surveys (special services)

Survey work will be performed in accordance with Dallas County Guidelines. City of Grand Prairie survey control will be used for the project.

a Obtain permission to survey and perform geotechnical investigations on private property.

b. Obtain complete and accurate topographic information of the area along the proposed route. The surveys will encompass the entire proposed right-of-way and a maximum of 40 feet outside of the proposed right-of-way. .

c. Survey existing and proposed intersecting streets for a maximum of 300-feet in each direction.

d. Tie existing features and improvements that will affect design and construction. These features will include telephone poles, power poles, and all other utilities located on or above ground surface, fences, retaining walls, water meters, manholes, vaults, structures, and other features that lie in close proximity to the limits of construction.

e. Provide soundings in bottoms of lakes north of the roadway from approximately 1,400 feet to 3,000 feet west of Beltline Road.

f. Provide all field surveys necessary to determine the limits of existing right-of-way and/or easements.

g. Provide horizontal and vertical control monuments at approximately 500 feet intervals along the project route.

h. Construct digital terrain model (DTM).

i. Stake bore holes.

j. Tie Subsurface Utility Engineering (SUE) designating work (paint marks, pin flags, and all above ground utility appurtenances) and locating work (iron rod with cap or ''x-eut'').

k. Tie points set by the geotechnical subconsultant for referencing the abandoned garbage dump.

3. Jurisdictional Determination (special services)

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The jurisdictional determination is the first step in determining if a pennit from the USACE is required. An on-the-ground jurisdictional determination will be performed to identify the limits of waters of the United States, including wetlands. The jurisdictional determination will employ GPS surveying techniques to map the edge of jurisdictional areas. The Consultant will complete wetland data fonns and take on-site photography for representative sites. A jurisdictional detennination report consistent with the USACE "Procedures for Jurisdictional Determinstions" (dated March 24, 2003) in addition to the "Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Great Plains Region" will be prepared describing the methodology and results of the investigation, so that the report may satisfy the jurisdictional determination requirement for a permit application. Jurisdictional Determination reports prepared for Department of the Army permit applications should include the following tasks:

a. Base Map Preparation (aerials, topography, USGS maps, NRCS maps)

b. Collection of Field Data

c. Preparation of Data Sheets (wetland sheets and significant nexus sheets)

... d. Obtain Site Photographs

e. Process GPS Data and Final Determination Map

£ Prepare DRAFT JurisdictioruU Determination Report

g. Prepare FINAL Jurisdictional Determination Report

4. Subsurface Utility Engineering (SUE) (special services)

The Consultant shall perform SUE designating and locating services for the five (5) utilities listed below:

• AT&T - TelephonelFiber Optic Cable • Comeast Cable TV • ONCOR - Electric (overhead and underground) • City of Grand Prairie -Water Lines • Trinity River Authority - Wastewater Lines

a. Designating services will include: 1) Records Research (Level D) - Available Records will be provided to the

Consultant by the City. The Consultant will perform additional record research as needed to successfully complete the project.

2) Surveying (Level C) - See Item B.2.k above. 3) Designating (Level B) - The Consultant will designate toneable utilities

along proposed Wildlife Parkway using geophysical prospecting

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equipment and mark with paint and/or pin flags within the project area. Approximately 23,000 linear feet of telephone, fiber optic cable, electric, water and wastewater lines exist along the route of the project. Designating irrigation lines is not included in this proposal. The Consultant will perform SUE in accordance with ASCE CIIASCE 38-02 "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data."

b. Locating Services (Vacuum Excavation) (Level A) - Up to ten (10) test holes will be excavated for existing utilities at locations specified by the Design Consultant. The Consultant will dig a 12" x 12" test hole, record the depth, backfill and compact the hole, and restore the surface to its original condition. An iron rod with cap or ''x -cut" will be set to mark the location of the test hole. The Consultant will make a good faith effort to locate all utilities and shall be compensated for work performed even if the utility is not located.

c. SUE Deliverables/CADD - Deliverables for the designating portion of this project will include an electronic file containing the horizontal locations of the designated utilities. The utilities will be overlaid onto the project base map. A hand drawn Test Hole Data Form will be completed and sulbmitted to Dallas County for each hole performed indicating depth, size, condition, and material of the utility.

5. Local Environmental Documentation and Review Process Documents (ER Document) ( special services)

The purpose of the ER Document is to assist implementing agencies in fulfilling the local enviromnental review requirements, thus ensuring that the implementing agency is aware of and complying with applicable state and federal laws and regulations. The ER Document will consist of the completed "Environmemtal Review Checklist for Local Projects" as found on the NCTCOG website and appropriate maps and attachments. The data collected, analyzed, and described in the ER Docunaent includes the following issues and resources:

a. Project Description

b. Right-of-Way and Utilities

c. Park and Recreational Land Impacts

d. Cultural Resources - historic structures and archeological resources

e. Threatened and Endangered Species

f. Migratory Bird Treaty Act g. Farmland

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h. Wetlands and Waters of the US

i. Water Quality

j. Floodplains

k. Vegetation and Habitat

l. Air Quality

m. Regulated Materials

n. Construction Impacts

o. Noise

The Consultant will submit three (3) draft copies each to NCTCOG and Dallas County for review and comment. Three (3) copies each of the final docwnent will be submitted to NCTCOG and the County after addressing final changes.

6. Geotechnical Investigations (special services)

The geotechnical investigation will be performed in two phases. A total of forty-seven (47) Phase I borings will be performed for the purpose of determining the location of the abandoned garbage dump and to develop straight shaft pier recommendations for bridges. Perform borings in accordance with TxDOT criteria for geotechnical investigations. Extend bridge borings at least twenty (20) feet into acceptable bearing stratum, defined as harder than three (3) inches per one-hundred (100) blows by the Texas Cone Penetrometer (TCP) test, or terminate at a depth of 100 feet, whichever comes first. Cohesive soils will be sampled using thin-walled tube samplers and granular soils will be sampled using split-barrel samplers in conjunction with standard penetration tests (SFT). The bearing stratum must be continuously cored. Perform TCP tests at depths of 3, 5, and 10 feet and at 5-foot intervals from 10 feet to the boring completion depths. Measure groundwater levels during drilling and at completion of drilling operations. Borings will be backfilled using auger cuttings at completion. Geotechnical investigations to be performed during Phase I include the following:

a. Subsurface Exploration - A total offive (5) borings will be drilled for the subject project. Following is a sununary of required borings: I) West Fork Trinity River Bridge - Three (3) borings to an estimated depth

of seventy (90) feet. 2) Overflow Bridge - Two (2) borings to an estimated depth of fifty (50

feet). b. Define Limits of Abandoned Garbage Dwnp - Forty-Two (42) borings to a depth

of six (6) feet. Reference marks will be tied as described in B.2.1.

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c. Laboratory Testing 1) Recover and classify samples in the laboratory 2) Perfonn laboratory tests to classify the soil and evaluate the volume

change potential and strength of the soil including: • Soil classification tests to detennine Atterburg limits • Mositure content • Grain size analyses • Minus #200 sieve tests • Unit dry weight • Hand penetrometer and unconfmed compressive tests • Slope stability analyses and global stability testing

d. Prepare Written Report - Evaluate the results of field investigaruons and testing to provide geotechnical recommendations for design and construction of the project. Provide ten (l0) bound copies of the geotechnical report and one (1) unbound copy. The report will include the following: 1) Plan of borings, logs of borings, laboratory test results, and groundwater

level elevations in borings 2) Site conditions and site geology 3) Recommendations for design and construction of straight shaft pier

recommendations for design of bridges 4) Recommendations for roadway and retaining wall setbacks from the

abandoned garbage dump based on preliminary dump borings and preliminary slope stability analyses

e. Meetings and Review 1) Two (2) meetings with the Consultant and County to discuss the report

and recommendations.

f. Phase 11 geotechnical studies will be required after final detennmation of roadway alignment, cross section, bridge size, and bridge location. Phase 11 studies may also include geotechnical investigations of valley storage mitigaruon sites.

7. Hydraulic Analysis and Bridge Sizing (special services)

HaitI Associates, Inc. prepared a ID/2D InfoWorks RS model of the West Fork Trinity River and Big Bear Creek for the City. This model was developed 00 provide a better understanding of the drainage patterns in the area and the interaction between Big Bear Creek and the West Fork of the Trinity River. As a result of the analysis, the assumptions made regarding the flow interaction have changed significantly, with the revised model showing between 12,000 cfs and 13,000 efs flowing from Big Bear Creek south across Wildlife Parkway and into the West Fork. The revised analysis findings will have a marked impact on the design of Wildlife Parkway. Two alternatives will be analyzed to address changed assumptions. These include: • a second roadway bridge between the river and Beltline Road to handle overflows

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• additional channelization at the existing Beltline Road overflow bridge at Bear Creek to generally align with the recently constructed Bear Creek overflow swale for Hunter Ferrell Road.

As such, Wildlife Parkway will be evaluated using the InfoWorks model. The hydraulic analysis and bridge/culvert sizing portion of the project will include several tasks, described below:

a. Field Reconnaissance - The Consultant will visit the site to document the existing conditions. Special attention will be paid to the condition of the roadway and the surrounding area as well as the condition of the channel at the proposed Wildlife Parkway Bridge across the West Fork of the Trinity. Factors such as type of material in the channel bed, vegetation along the banks and overbanks, and signs of potential erosion will be documented.

b. Existing Conditions Update - Most of the existing conditions model generation was completed under separate contract as previously discnssed; however, some updates to the existing conditions model win be required. The model will analyze peak flows on the West Fork as well as Bear Creek. As part of Item B.2, Design Surveys, data will be added into the existing conditions model such that the most realistic baseline condition may be established.

c. Proposed West Fork Bridge Hydraulic Analysis - The proposed improvements to Wildlife Parkway include elevating the roadway above the floodplain and construction of an approximately 1,800 foot bridge spanning the West Fork of the Trinity River. The Consultant will size and model proposed improvements to minimize impacts with the shortest possible bridge. The Consultant will evaluate the impact of the proposed project on valley storage throughout the corridor using the Info Works model. Depending on the level of impact to valley storage, proposed valley storage areas may be included in the model and evaluated to mitigate the losses. Development of the hydraulic model will be done in three parts, each of which is discussed below: 1) ID Open Channel Development - The current existing conditions model

includes lD reaches of the West Fork of the Trinity from upstream of SH161, near Roy Orr, to the confluence with Big Bear Creek and Bear Creek from upstream of Trinity Blvd to its confluence. While there will be few changes to the channel geometry in the existing conditions model, there may be some adjustment required to accommodate the proposed Wildlife Parkway Bridge. In additiolll, a small section of ID channel may be added to the proposed model in oreer to accurately model an overflow bridge or Bear Creek channelization needed to convey bypass flows. TIN format 'ground models' will be used to generate andlor update the Info Works RS cross section data as needed. Since the TIN was developed as part of a previous contract, very little terrain development will need to be done for the existing conditions update; however, there will be. more effort required to update the TIN for the proposed conditions model.

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2) 2D Floodplain/Overbank Development - The floodplain/overbank areas will be modeled using 2D mesh of triangular elements. The limits of the mesh will not change from those in the existing conditions model. Significant changes will be rnade to the 2D area to reflect the Wildlife Parkway embankment as well as any valley storage areas that are added to mitigate losses resulting from the roadway fill placement. The 2D mesh will be created from the TIN/ground model with breaklines added where appropriate to provide better definition of the mesh so that critical changes in grade, such as a roadway embankment, are not ill-defined or completely missed.

3) Hydraulic Structures - The proposed Wildlife Parkway Bridge will be added to the new ID channels in the model based on the proposed geometry of the structure as shown in the design drawings. This information includes the bridge deck, piers, abutments, and other relevant information. The initial configuration will be based on information provided in the conceptual plan. Adjustments to the bridge will be made in the model as needed to minimize flow impacts and avoid increases in the West Fork water surface elevations. The proposed bridge will be evaluated to ensure computational stability and accuracy.

d. Hydraulic Analysis Documentation - Upon completion of the hydraulic analysis and bridge sizing, a report detailing the project assumptions, methodology, and results will be provided to the County and City. The report win include the supporting hydraulic information, summary of results, flood mapping, and other relevant data documenting the analysis. The Consultant will provide the County and City with three (3) copies each of the Hydraulic Analysis Report.

8. Schematic Design (basic services)

The schematic, will be prepared to determine the final roadway alignment (horizontal and vertical) and major design features. The schematic design will also be used for permitting purposes, and as an exhibit for public meetings. A minimum of two alignment alternatives will be prepared. They will be drawn at a scale of 1" = 40' horizontal and 1" = 4' vertical and will incorporate the following project elements into a single roll-type drawing;

a. Roadway Plan and Profile - The roadway plan and profile will include existing topography, ground lines floodplains, improvements, property and right-of-way lines, and environmental features as well as proposed horizontal and vertical alignment, including bridge.

b. Bridge Layout, Plan, and Profile - Prepare separate pre1iminary bridge plan and profiles in roll format (l" = 40' horizontal and I" = 4' vertical scale) for up to two (2) bridge design alternatives and two (2) embankment alternatives. Items to be shown include existing topography, ground lines, floodplains, improvements, property and right-of-way lines, and environmental features as well as proposed

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columns, abutments, bents, riprap protection, rails, approach slabs, flood elevations.

c. Drainage Area Map and Outfall Locations - Provide a separate drainage area map for the project area showing drainage areas and discharges at proposed inlets, stonn drain lines and outfall locations in accordance with City drainage criteria.

d. Fill calculations - Prepare earthwork and fill estimates for use in CDC pennitting and securing fill sites. See Item B.14.b below.

e. Typical Roadway and Bridge Sections - Provide typical roadway and bridge sections.

9. Preliminary Right-of-Way Strip Map (special services}

A preliminary right-of-way strip map will be prepared for the entire length of the project both for planning purposes and for use on the schematic plan. Field surveys will be perfonned as part ofItem B.2 above. Tasks include:

a. RectifY Existing Boundaries and ROW lines - Analyze field data and deeds and resolve boundary conflicts to establish property, right-of-way, and easement lines.

b. Detennine Proposed Takings Lines - Detennine taking lines for right-of-way and easements.

c. The Right-of-Way Strip Map will include the following: 1) County title block 2) Property owner name, mailing address, and volmne and page of deed 3) Location of all existing property pins and monmnents 4) Location of easements of record 5) Bearings and calls of existing property lines 6) Existing rights-of-way and fence lines 7) Distance to centerline of proposed street and centerline station for one

comer of each parcel 8) Location of proposed right-of-way pins 9) Area required 10) Area remaining 11) Parcel nmnber 12) Table of takings showing type of taking, area, remaining areas and

property owner name

A colored right-of-way strip map will be prepared for use by the County.

10. Develop Valley Storage Compensation Strategies (special services)

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The roadway must be elevated above the lOO-year flood. The resulting decrease in valley storage will require mitigation under the terms of the Corridor Development Certificate (CDC). Halff will investigate up to four (4) sites or alternatives for valley storage mitigation.

a. Meet with County and City to determine potential sites and alternatives.

b. Analyze each site fo£: 1) land cost 2) maximum potential storage volume 3) scope of culvert or drainage improvements needed to drain the storage

within 24 homs 4) permitting requirements 5) additional geotechnical investigations 6) estimated construction cost

c. Prepare brief written report with recommendations. The report will include conceptual site plans and estimates. Provide three (3) copies each to the County and City.

d. Meet with County and City to discuss the results.

11. Design Charette and Public Meeting (special services)

Attend two (2) public meetings with County, City, utilities, adjoining property owners, residents, and other project stakeholders and otherwise assist the County in the presentation. The first meeting will be the design charette to include public entities and utilities. The second public meeting will involve ail stakeholders. Services will include preparation of agendas, presentation exhibits, and meeting minutes.

12. Preliminary Design Report (basic services)

Prepare a preliminary design report that addresses all aspects of design and conformance with design criteria. The design memorandum will include a detailed estimate of probable cost. Provide six (6) copies of the design memorandum for review by the County.

13. Permitting ( special services)

a. Conditional Letter of Map Revision (CLOMR) 1) Update Effective HEC-RAS Models - As part of the CLOMR and CDC

process, there will need to be significant changes made to the existing HEC-RAS models of the West Fork. The current models employ a split flow channel, which diverts flow away from the West Fork and toward the Big Bear Creek overflow channel at Beliline Road. This diversion in the model is located at the bend in Wildlife Parkway, where it transitions to

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Hardrock Rd. The InfoWorks RS/2D analysis of the area revealed that a significant amount of flow leaves Big Bear Creek and flows toward the West Fork. It also revealed that the spillover location along Wildlife Parkway is closer to Beltline Road. The existing conditions HEC-RAS models will be updated to reflect these changes and to apply the flows as determined by the InfoWorks RS/2D model. Any adjustments to the model will be based off the same TIN surface used for the hydraulic analysis completed in Task B.7. The updated existing conditions model will serve as the baseline for comparison to the post-project models.

2) Proposed Conditions HEC-RAS Modeling - The proposed improvements to Wildlife Parkway, including the roadway and any associated hydraulic structures such as culverts will be added in both the updated FEMA HEC­RAS model as well as the updated CDC HEC-RAS model. The Wildlife Parkway Bridge over the West Fork will also be added to both models to determine the impacts of the improvements. As mentioned in Task 8.7, loss of valley storage due to the improvements will be evaluated and, if necessary, valley storage areas will be added to mitigate those losses. No changes to the hydrology will be evaluated as part of this task or any tasks. Flow data will be taken from the current effective HEC-l and the CDC HEC-I models. The proposed conditions models will be evaluated to determine the impacts of the proposed improvements.

3) Coordination with RAMPP and COE - In order to avoid conflicts during the CLOMR and CDC processes, it will be necessary to coordinate with both the COE Fort Worth District and the RAMPP team. Given the level of involvement that the COE has with the CDC model, a substantial change to the assumptions governing that model will need COE approval. A one day work session will be held with stakeholders including the Consultant, COE FW District personnel, and City staff. Additionally, regular coordination and consultation with COE personnel will be conducted to ensure COE is infonned and to facilitate a smooth permitting process. The RAMPP team (FEMA, URS) has committed to updating a portion of the West Fork hydraulic model and to revise the hydrologic model through Tarrant County. The Consultant will discnss both the RAMPP team modeling as well as the proposed changes to the FEMA Effective modeJ, such that the CLOMR process is more efficient.

4) Permit Application - The Consultant will submit an application for a Conditional Letter of Map Revision (CLOMR) based on the improvements to Wildlife Parkway. The CLOMR submittal will include a written narrative detailing the project assumptions, methodology, and fmdings. The submittal will also include all required FEMA MT-2 forms, topographic work maps, river profiles, supporting hydrologic and hydraulic data, and construction drawings of the proposed improvements. Digital copies of the models and any supporting data will also be provided to FEMA. The report will be submitted to the City Floodplain Administrator for review and comment. Once the CLOMR is submitted to FEMA, the Cousultant will provide additional information and address

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comments from FEMA regarding the submittal until the approval of the CLOMR. It should be noted that the review fee for the CLOMR win be paid by the County. The Consultant will provide the City with three (3) copies of the CLOMR submittal and one copy will be provided to the County.

b. Corridor Development Certificate (CDC) 1) ModifY CDC Hydraulic Model

a) Utilizing current effective CDC model, prepare proposed conditions model and update cross-sections to include proposed Wildlife Parkway.

b) Execute flood profiles for the 100-year and SPF flood frequencies for proposed conditions and compare to current effective elevations.

c) Execute CDC hydrology in the Info Works model. 2) Compute existing conditions valley storage and proposed conditions

valley storage (with Wildlife Parkway). 3) Prepare brief report showing CDC hydraulic and valley storage results and

prepare recommendations to mitigate rises in computed WSEL and valley storage losses. Determine requirements for submitting CDC application to U.S. Army Corps of Engineers.

4) Prepare hydraulic work map and delineate floodplain limits for revised CDC 100-year and SPF flood frequencies.

5) Prepare NCTCOG CDC Application, including hydraulic and valley storage analysis for submittal to NCTCOGIUSACE review. The Consultant will provide the City with three (3) copies of the CLOMR submittal and the County with one copy.

c. USACE Section 404 Permit 1) Beltline West Reclamation Permit Modification - Preliminary alignments

for the proposed roadway indicate that it would cross through a previously authorized compensatory mitigation area (USACE project SWF-2007-00151). Any activities in this area would require modification of the SWF-2007"()0151 permit. Modification would likely include obtaining an easement across the deed restricted area and implementing a new compensatory mitigation plan to offset losses of aquatic function established by the currently approved plan. The modified mitigation plan would be in addition to any required mitigation for the proposed project.

2) Section 404 Permit Application - If deemed necessary, The Consultant will prepare a Section 404 permit application. At this time, it is unknown whether the proposed project would exceed impact thresholds allowed by nationwide permits. Activities that do not qualifY for authorization under the nationwide permit program may qualifY for authorization by standard individual permit (JP). This task will include preparation of all permit components as outlined in Checklist for Applications for Individual

1:\1008--11\7878 Dallas County\admln\Preliminary Engineering Proposal\word\Exhlbit A A-14

90

Department of the Anny Pennits (dated March 31,2003), summarized as follows: a) Application submitted on ENG Fonn 4345; b) The name and address of the applicant; c) The signature of the applicant, and authorized agent, if applicable; d) The purpose and need for the proposed activity; e) The location of the proposed activity; f) A complete description of the proposed activity, its intended

purpose and use, including necessary drawings, sketches, or plans necessary for public notice on 8-112" x ll" sheets;

g) Plan and cross-sectionlelevationlprofile drawings showing the general and specific site location and character of all proposed activities;

h) Project schedule; i) Names and addresses of adjoining property owners; j) List of authorizations required by other federal, interstate, state, or

local agencies for the work, including approvals or denials already received (water quality, endangered gpecies, etc.); and

k) Jurisdictional detennination. I) Compensatory mitigation plan to offset unavoidable adverse

impacts to waters of the United States. Typically, this would involve purchasing credits from an authorized mitigation bank, but on-site mitigation plans may also be considered.

Standard USFWS practice is to reqnire fonnsl Section 7 consultation under the Threatened and Endangered Species act if the regulating agency for the action (i.e. USACE) detennines there is an effect. Therefore, infonnation on threatened and endangered species is included .in the pennit application to the USACE and is not submitted as a separate report to the USFWS. This task includes additional field visits for observation time for the appropriate migration periods for some of the listed species for Dallas County. This task will also address coordination with the Texas Historical Commission (THe) as reqnired under the Natioual Historic Preservation Act. The necessary cultural resources investigation will be provided by AR Consultants under a separate contract. The Consultant will coordinate with AR Consultants, and infonnation from the field investigation will be incorporated into the individual pennit application as appropriate. The timeframe necessary to submit and receive an individual pennit is from 9-12 months, but can be expected to take longer, especially when Section 10 authorization is also required. The standard steps in this process include the following: a) Individual permit application is submitted; b) After receipt of a complete application, the USACE issues joint

public notice for Section 404 and Section 401 water quality certification;

c) Project undergoes 30-day Public Notice comment period;

1:\1008-11\7878 Dallas County\admin\Preliminary Engineering Proposal\word\Exhibit A A-iS

91

d) USACE reviews comments, evaluates the pennit application based on regulations, and completes required documentation;

e) The Consultant responds to comments from USACE; and :t) USACE makes a decision: issue, issue with conditions, or deny.

3) USACE Section 10 - The reach of the West Fork Trinity River within the project area is considered "navigable waters" by the USACE, but need for a Section 10 Permit is not anticipated.

d. Work in Trinity River Authority (TRA) Easement - The West Fork Trinity River Bridge must be constructed over the TRA West Fork Interceptor sewer line. A permit will be required from TRA for this work and for construction of bridge piers in the easement. Subtasks will include: 1) Up to three (3) meetings with TRA 2) Preparation of a letter of application, exhibits, and pennits fonns 3) Coordination with County and TRA

C. PRELIMINARY ENGINEERING

1. Preliminary Plans (basic services)

30% Complete Preliminary Construction Plans will be prepared for submittal in a single plan package. Plans will be prepared on 22" x 34" sheets suitable for reduction to 11" x 17" size. Plans will be prepared in Microstation v8 fonnat and will include.

a. General Sheets - Prepare the following plan sheets to cover all phases of construction 1) Title Sheet 2) Index of Sheets and Legend 3) Right-of-Way Map Sheets

b. Roadway Sheets - Provide the following plan sheets for paving and drainage I) Typical Paving Sections 2) Paving Plan and Profile Sheets (1" = 20' horizontal and 1" = 4' vertical) 3) Wildlife ParkwaylBeltiine Road Intersection Reconstruction (1" = 1 0'

horizontal) 4) Overall Drainage Area Map (with Drainage Area Table) 5) Detailed Drainage Area Map 6) Inlet Calculations 7) Hydraulic Grade Line Calculations 8) Stonn Drain Plan and Profile Sheets (1" = 20' horizontal and 1" = 4'

vertical)

c. Bridge Design - Provide the following plan sheets for lbridge design 1) Layout Plans 2) Bridge Sections 3) Foundation Plans

1:\1008-11\7878 Dallas County\admin\Prelimlnary engineering Proposat\word\Exhlbit A A-16

92

d. Water Line Adjustments - Provide the following plan sheets for water line adjustments, if required. 1) Water Line Plan and Profile Sheets (1" = 20' horizontal and 1" = 4'

vertical)

2. Prepare Estimates of Probable Cost (basic services)

For each submittal, prepare estimates of probable cost for each submittal broken into major segments of work, i.e., roadway, bridge, signals, etc.

3. Utility Coordination (special services)

The Consultant shall provide Utility Coordination services. These services include meeting and contact with all utilities on the project, initial project notifications, preparation of existing utility layouts, providing progress reports, preparation of contact lists, preparation of utility agreements, reviewing conflicts between the utilities and the proposed project, resolutions of all utility conflicts, creation of a utility conflict list, creating a utility tracking report, review of all of the proposed utility adjustments, and recommendations for the proposed locations of the utility adjustments.

a. Utility Layout - The Consultant shall prepare and maintain a utility layout in Microstation format. This layout shall include all existing utilities which are to remain in place, those to be abandoned or removed, and those to be adjusted. This layout will be utilized to monitor the necessity and evaluate alternatives. The Consultant will utilize the layout of existing utilities and make a determination of the following: 1) Facilities in conflict with the proposed project that are to be relocated and

facilities to be abandoned in place or removed. 2) Facilities to reruain in service and in place as a result roadway design

adjustments and meeting the local regulations.

b. Public & Individual Meetings - The Consultant will schedule public and individual meetings with Utility Companies as required facilitating utility conflict identification and resolution (approximately 4 public meetings and 8 individual meetings).

1:\1CJ08...11\7878 Dallas County\admin\Prelimlnary Engineering Proposal\word\Exhibit A A-17

93

EXHIBIT "A" ATTACHMENT"B"

BASIS OF COMPENSATION WILDLIFE PARKWAY FROM SH 161 TO BELTLINE ROAD

Basic Services Fee: The fee for basic services described in Attachment "A", Scope of Work will be $ 702,700 which includes computer charges nonnally associated with these services. The fee will be divided as follows:

Task Description

A. Schematic Design Phase B. Preliminary Design (30%) Phase

TOTAL BASIC SERVICES FEE

Fee

$ 329,000 $ 373.700

$ 702,700

Special Services: The maximum not-to-exceed fee for special services and direct costs is $ 544,600, which includes printing, direct costs, and computer charges nonnally associated with production of these services. Following is a summary of special services fees.

Task Description

A. Design Surveys B. Jurisdictional Detennination C. Subsurface Utility Engineering D. Local Environmental Documentation E. Geotechnical Investigation F. Hydraulic Analysis and Bridge Sizing O. H. Preliminary Right-of-Way Strip Map 1. Develop Valley Storage Compensation Strategies J. Design Charrette and Public Meeting K. Permitting

1. CLOMR 2. CDC 3. Section 404 4. TRA Subtotal Pennits

J. Direct Costs (SUE Test Holes and Reproduction)

TOTAL SPECIAL SERVICES

TOTAL FEE

$ 27,200 $ 29,700 $ 40,400 $ 10,200

Fee

$ 170,700 $ 26,500 $ 20,000 $ 22,300 $ 67,300 $ 57,600 $ 14,900 $ 23,500 $ 12,900

$ 107,500 $ 21,400

$ 544,600

$1,247,300

Consultant services will be billed in accordance with the attached table of hourly billing rates.

1:\1008-11\7878 Dallas County\admin\Preliminary Engineering Proposal\word\ExhibltA A-18

94

Subconsultant services will be billed at actual invoice cost times 1.1.

All direct non-labor expenses including printing and reproduction costs, courier and delivery charges, and subsistence for principals and staff when required for the proper execution of the work will be charged at actual invoice cost times 1.1. The total maximum cost is $ 8,200.

SUE Test holes will be billed at the rate of $1,200.00 per each times 1.1 for a maximum of 10 holes. The total maximum cost is $ 13,200.00.

1:\1008-11\7878 Dallas COllnty\admin \Preliminary EngIneering Proposal\word\Exhlblt A A-19

95

Consultant (Halff) Hourly Billing Rates

Half[ Classification ASCE Classification Minimwn Maximum Project Director Civil-Gen-ASCE Grade 7 183.98 254.61 Project Manager Civil-Gen-ASCE Grade 5 106.02 180.00 Project Engineer, PE Civil-Gen-ASCE Grade 4-6 90.82 240.00 Project Engineer, EIT Civil-Gen-ASCE Grade 1-3 81.08 100.00 Sr. Hydraulic Engineer, Civil-Gen-ASCE Grade 5-6 106.02 240.00 PE Hydraulic Engineer, PE Civil-Gen-ASCE Grade 4 90.82 155.00 Hydraulic Engineer, EIT Civil-Gen-ASCE Grade 1-3 81.08 100.00 Landscape Principal Landscape Arch Grade 6 163.71 210.00 Sr. Landscape Architect Landscape Arch Grade 4 73.28 157.00 Landscape Architect Landscape Arch Grade 1-3 63.92 120.00 Planner II Landscape Arch Planner 82.63 135.00 SUE Manager SUE Field Spvsr 3-8+ Yrs Exp 135.88 200.00 Sr. SUE Engineer SUE Field Spvsr 3-8+ Yrs Exp 135.88 200.00 2-Man SUE Designating 2-Man SUE Designating Crew 125.00 125.00 Crew Sr. Utility Coordinator SUE Field Spvsr 3-8+ Yrs Exp 135.88 200.00 Enviroumental QAlQC Enviromnental Scientist, Sr Level 132.53 215.00 Sr. Environmental Enviromnental Scientist, Sr Level 132.53 215.00 Scientist Environmental Scientist Enviromnental Scientist 68.60 175.00 GIS GIS Grade 1-5 47.02 105.00 Sr. Structural Engineer Civil-Struct-ASCE Grade 5-6 130.97 230.00 Structural Engineer Civil-Struct-ASCE Grade 4 101.34 - 135.00 Jr. Structural Engineer Civil-Struct-ASCE Grade 3 89.65 105.00 RPLS Registered ProfLand Svyr 81.85 135.00 Survey Tech Survey Technician 58.37 90.00 2-Man Survey Crew 2-Man Survey Crew 125.00 125.00 CADD Draftsman, Levels 1·5 32.43 115.00 Administration Secretary, Executive Secretary 44.59 95.00

1:\1008-11\7878 Dallas County\admin\Preliminary Engineering Proposal\word\Exhibit A A·20

August 8,2012

Mr. Jerry F. Roberts, P.E. Vice President Halff Associates, Inc. 4000 Fossil Creek Boulevard Fort Worth, Texas 76137-2720

96

Re: Proposal for Preliminary Geotechnical Investigation Wildlife Parkway Belt Line Road to SH 161 Grand Prairie/Dallas County, Texas MTE Proposal No. P12-0311 E-R1

Dear Mr. Roberts,

MAS-TEK Engineering Ilk Associates, Inc.

Phone: 817-847-1422 Fax: 817-232-9784 email: jroberts@halff.com

Mas-Tek Engineering & Associates understands that we have been selected for the above referenced project based upon our qualifications in accordance with the Professional Services Procurement Act for providing engineering services on municipal projects. We are pleased to submtt this proposal for geotechnical engineering services for the project referenced above. This proposal includes a description of the project, scope of work, and fee.

PROJECT DESCRIPTION

The project consists of the extension of Hunter Ferrell Road from Belt Line to SH 161 in Grand Prairie, Dallas County, Texas. The length of the extension is approximately 9,200 lineal feet.

The existing road is generally a 2 to 4 lane undivided asphalt roadway. In some areas, the road is a gravel and/or a grass covered road. A 2,000 foot stretch near the Trinity River is not paved and is a low lying wetlands area. An approximate 1,800 foot long bridge will be constructed across the Trinity River. A second bridge, approximately 1025 feet in length, will be constructed across the low lying wetlands area.

A 4 lane divided roadway will be constructed with a proposed center median that could accommodate two additional lanes and a narrow median in the future. The total ROW width is proposed to be 120 feet. Note: The south ROW line is to be staked by Halff prior to this investigation.

Geotechnical ConSUlting Ilk Materials Testing 5132 Sharp Street Dallas, Texas 75247 972 709-7384

Extension of Hunter Ferrell Road Belt Line Road to SH 161 Grand Prairie I Dallas County, Texas MTE Proposal P12-0311 E-R 1 August 8,2012 Page 2

97

"' ... ·nK Engineering & Associates" .nc.

Due to the extended width of the new roadway, this will require fill placement within existing ponds and lakes on the north side of the existing road to create sloped roadway embankments. This will require that slope stability studies be performed. Note: This will also require that boat soundings be performed by others to profile the depths of the ponds and lakes.

The eastern half of the extended roadway will abut an abandoned garbage dump. This may require the roadway alignment to be shifted to the north to avoid the landfill. This will be evaluated during this investigation.

Note: It is understood that the abandoned garbage dump is not an engineered landfill and was filled prior to any permitting requirements. If trash is encountered in our borings, the borings will be terminated after penetrating the trash a few feet. We assume that the borings drilled through any landfill can be simply backfilled with auger cuttings and plugged with 12 inches of sakrete. A landfill gas analyzer will be used to verify methane levelS within the landfill are below explosive levels. A Halff representative will be on site during drilling of landfill borings to map the landfill. These are the assumptions made for this proposal.

Retaining walls up to 10 feet in height will be required at each end of the bridge crossing the Trinity River. Short retaining walls (less than 5' tall) may be required on the north side of the new road between Sta. 19+50 and Sta. 32+00.

Existing trees are present along the edge of the existing road in many areas. This will likely create a large differential heave condition due to localized dry soil conditions to distances of 10' beyond the tree drip lines due to moisture absorption of the tree roots within the supporting clay soils. This condition will be evaluated during this investigation.

New storm drain improvements will be included in this project. No new water lines or sanitary sewer lines will be required. However, an existing water line will be relocated for the 1025 foot long bridge. New traffic lighting will also be included in this project.

It is understood that approximately 300,000 cubic yards of imported fill will be required for this project. The source of possible borrow areas is not known at this time. Therefore, investigation of possible borrow areas has not been included in this proposal.

Note: Due to the complexity of the project and the presence of trash landfill along or near the south ROW, this investigation will be performed in two phases as discussed below. This proposal is for a preliminary phase one investigation only.

Extension of Hunter Ferrell Road Belt Line Road to SH 161 Grand Prairie / Dallas County, Texas MTE Proposal P12-0311 E-R1 AugustB,2012 Page 3

98

ANTICIPATED GEOLOGIC CONDITIONS ,

M.a.s .. TeK Engineering &. Associates, Inc.

It is anticipated that the entire roadway alignment is underlain by alluvial soils based on available geologic mapping. Deep alluvial soil deposits (60' +/-) are anticipated in a 1500 stretch near the river. Shallower terrace deposits (20' to 3~' +/-) are anticipated over the remainder of the alignment. The alluvial soils are underlain by the Eagle Ford Shale Formation.

SCOPE OF WORK

The preliminary geotechnical investigation performed for the referenced project will consist of field and laboratory investigations, engineering analysis, and a preliminary report prepared by a Registered Professional Engineer.

Note: Due to the complexity of the project and the presence of trash landfill along or near the south ROW, this investigation will be performed in two phases as discussed below. This proposal is for a preliminary phase one investigation only.

Field Investigation

As requested, this preliminary investigation will consist of drilling three (3) deep bridge borings for the west bridge. These bridge borings will be drilled to maximum depths of 90 feet below the existing ground surface or until 20 feet of acceptable shale bearing material is penetrated (until five consecutive TCP test results of 100 blows for less than 3 inches or less is recorded), whichever is shallower. We have budgeted 90 foot boring depths for the west bridge for this proposal. For the east bridge, two (2) deep bridge borings are proposed. Based on available information from previous investigations, shale depths should be less than 30 feet. We have therefore budgeted 50 foot borings for the east bridge for this proposal. Texas Cone Penetrometer (TCP) tests will be perfomned for the bridge and retaining wall borings at 2.5 foot intervals for the upper 10 feet and at 5 foot intervals thereafter.

Dump borings between Sta. 20+00 and Sta. 56+00 will be drilled along the south ROW where possible landfill is present. Initial dump borings will be drilled at 300 spacings from Station 20+00 to Station 56+00 on the existing south ROW line of Wildlife Parkway for a total of 13 borings. A second row of borings offset by 15 feet to the north will be drilled at stations where trash was found in the first row and at mid pOints between the initial borings, on the offse!. There will be an estimated maximum of 24 borings on this row. An additional 5 borings will be drilled to further define the dump location at locations to be determined from results obtained in the first and second rows. It is understood that there is only a l' to 3' soil cover over the trash (and generally less than 2 feet). Therefore, these landfill borings will be drilled to depths of 6 feet in order to map the landfill. A total of 47 borings are proposed as described below for this preliminary investigation.

Extension of Hunter Ferrell Road Belt Line Road to SH 161 Grand Prairie / Dallas County, Texas MTE Proposal P12-031iE-R1 August 8, 2012 Page 4

Pavement Borings: Bridge Borings: LakelWail Borings: Dump Borings:

Total

99

o 5 o

42

47

MAS>oTEK Engineering &: Assodates, Inc:.

Note: It is understood that the abandoned garbage dump is not an engineered landfill and was filled prior to any permitting requirements. If trash is encountered in our borings, the borings will be terminated after penetrating the trash a few feet. We assume that the borings drilled through any landfill can be simply backfilled with auger cuttings and plugged with 12 inches of sakrete. A landfill gas analyzer will be used to verify methane levels are below explosive levels within the landfill. A Halff representative will be on site drilling of the landfill borings to map the landfill. These are the assumptions made for this proposal.

We understand that the test borings are to be staked by Mas-Tek after the south ROW line is staked by Halff. After the borings are drilled, the holes will be plugged with sakrete and painted to allow Halff Associates to locate the borings for survey (locations and elevations). Subsurface soil samples will be secured with thin walled tube and/or split spoon samples with SPT testing, depending on soil type and consistency. Rock encountered within the bridge borings will be continuously rock cored and will also be evaluated using the Texas Department of Transportation Penetrometer (TxDOT Cone). All samples will be properly logged. packaged. sealed. and placed in a core box for transportation to the laboratory. The test borings will be backfilled with soil cuttings and plugged with sakrete (and painted) upon completion.

Mas-Tek Engineering assumes that the client will provide the right-of-entry to the property and that the boring locations will be accessible to our truck ATV mounted drilling eqUipment during normal working hours. Should unusUial soil conditions be encountered, we will call you with a recommendation and cost estimate to explore these unusual conditions. It is understood that no USACE permitting will be required for work in the wetlands areas.

For the purpose of this proposal. we have assumed that traffic control will generally only consist of "Men Working Signs" and safety cones only. Flagmen are not anticipated and have not been included in this proposal. If needed, this would have to be performed under a change order agreement.

We assume that the drilling will be performed during normal working hours. The fee for extensive traffic control signage and barricades, flagmen, crash truck, and for night drilling has not been included in this proposal.

We have included the cost of using an all terrain marsh buggy (ATV) with hollow stem augers for this project. However, we have not included any clearing or dozer work in this proposal. If needed. this work would have to be performed under a change order agreement.

The west wetlands area of the site is low lying and floods during wet weather or when the river is up. This area of the site will require several days of dry weather after heavy rains and/or after

Extension of Hunter Ferrell Road Belt Line Road to SH 161 Grand Prairie I Dallas County, Texas MTE Proposal P12-0311E-R1 August 8,2012 Page 5

100

MAS-TEK Engineering & Associates!, Inc.

water has receded prior to Mas-Tek being abl~ to access this area even with our ATV buggy drilling equipment.

Groundwater measurements will be made during drilling and after completion of each boring. The borings will then be backfilled with auger cuttings, plugged with sakrete and painted for location identification for Halff Associates survey crews.

Mas-Tek Engineering will contact Dig Tess and The City of Grand Prairie to have them locate underground utilities. However, Mas-Tek Engineering is not responsible for damage to underground utilities that are not identified correctly prior to drilling.

Laboratory Investigation

Laboratory tests will be conducted to classify the soil and to evaluate the volume change potential and strength of the soil and rock present at the site. Soil classification tests will consist of Alterberg limits (plasticity index), moisture content, grain size analyses, minus #200 sieve tests, and dry unit weight. The strength of the soil will be estimated using hand penetrometer tests and unconfined compressive strength testing. Direct shear andlor triaxial testing will be performed for slope stability analyses near the landfill and for preliminary retaining wall global stability studies near the landfill.

Engineering Analyses

Results of field and laboratory work will be presented in a preliminary engineering report. The report will indude our recommendations to allow a conceptual design to be completed by Halff. The preliminary report will include the following:

1. Plan of borings and boring logs. stratigraphy and groundwater levels. will be provided on the boring logs.

2. Site conditions.

3. Site Geology.

Report commentary will include generalized soils Results of classification, SPT testing and TCP testing

4. Visually classify the soil samples during drilling operations.

5. Straight shaft pier recommendatiol1iS for the design of the bridges.

6. Recommendations for roadway se1!backs and retaining wall setbacks from the abandoned garbage dump based on the preliminary dump borings and the preliminary slope stability stUdies.

7. Two (2) team meetings have been i1l1c1uded.

Extension of Hunter Ferrell Road Belt Line Road to SH 161 Grand Prairie I Dallas County, Texas MTE Proposal P12-0311E-R1 August 8, 2012 Page 6

1 0 1

MAs.TE" Engineering &. Associates, Inc.

8. Two (2) bound copies and one (1) unbound 90PY of the preliminary report will be provided.

GEOTECHNICAL FEES A specific scope of work and itemized fees are presented on the Project Budget Summary attached herewith. Based on the scope of work detailed herein, the total cost of the investigation will not exceed $59,615.00 without prior authorization. This proposal assumes that we receive notice to proceed before the end of this year.

FINAL INVESTIGATION

After the dump site has been mapped and proposed design features have been finalized, a final investigation will be performed including additional borings, testing, analyses and a final report.

TERMS AND CONDITIONS

If this proposal meets with your approval, please sign below to authorize Mas-Tek Engineering to perform the work. We look forward to working with you on this project. Please contact us after reviewing our proposal if you have any questions.

Sincerely,

MAS-TEK ENGINEERING & ASSOCIATES, INC.

"'f1.11!a,U--a Michael D. Roland, P.E. Geotechnical Consultant

ACCEPTED BY:

Name

Title

~~v--Mark J. Farrow, P.E. PrinCipal

Date

Extension 01 Hunter Farrell Road, Beltline to SH 161 Grand Prairie, Dallas, County, Texas. MTE Proposal No. P12-0311 E-R1 August 8,2012

102

PROJECT BUDGET SUMMARY

.' ...•....... ". Estimated Estimated UnIt

..i .: .' .... jlJiiits · .•..•• ·· . /COlit .•..•... .. .

FIELD INVESTIGATION Permits 0 $0.00

Site Reconnaissance, Staking Borings, Drilling 40 $95.00

Coordination & Traffic Control Coordination, hr Utility Clearance Coordination, hr 20 $95.00 Travel Charge, ea. 3 $30.00 Mobilization, Marsh Buggy (ATV with hollow stem

1 $400.00 augers) Crew Travel w/Support Vehicles, dav 8 $300.00 Continous Soil Sampling to 10 feet (ATV with hollow

302 $20.00 stem augers) Soil Sampling with Intermittent Sampling, ft (ATV with

220 $14.00 hollow stem auoers) Low Mast Drilling, It. (ATV with hollow stem augers) 0 $30.00 Rock Coring, It (ATV) 100 $25.00 TxDOT Cone Penetrometer Tests ea. 25 $30.00 Standard Penetration Tests 100 $30.00 Pavement Penetration 0 $85.00 Plugging Holes with Painted Sakrete 47 $50;00 Tree Clearing 0 $300.00 Landfill Gas Analyzer 7 $200.00 Traffic Control Equipment Rental, day (off road) 10 $50.00

. Traffic Control Rental, day (on road) 0 $200.00

Set Up Traffic Signs and Cones, boring (ofl road) 47 $125.00

Set Up Traffic Control, boring (on road) 0 $350.00

Flagmen, man-hour 0 $60.00

Grab Sample for Scour Analysis, ea. 0 $95.00

24 Hour Water Level Reading, hr 0 $95.00

Travel Charge, ea. a $35.00

ESTIMATED FIELD SUBTOTAL

LABORATORY TESTING Moisture Content, ea. 60 $7.50

Unit Weight, ea 20 $15.00

Torvane Test, ea, 0 $12.50

Atterberg Limits Series, ea. 15 $55.00

Percent Passing #200 Sieve, ea. 10 $35.00

Determining Sulfate Content in Soils, ea 10 $100.00

Swell Tests,ea. 0 $85.00 Unconlined Compression and Unit Weight Test, ea. 20 $60.00

Direct Shear 1 $750.00

Triaxial (C-U) 1 $2.150.00

• •••• EsliiriiifedCost

......

$0,00

$3,800.00

$1,900.00 $90.00

$400.00

$2,400.00

$6,040.00

$3,080.00

$0.00 $2,500.00

$750.0Q $3.000.00

$0.00 $2350.00

$0.00 $1,400.00

$500.00

$0.00

$5,875.00

$0.00

$0.00

$0.00

$0.00

$0.00

$34,085.00

$450.00

'$300.00

$0.00

$825.00

$350.00

$1,000.00

$000

$1,200.00

$750.00

$2,150.00

Extension of Hunter Farrell Road, Beltline to SH 161 Grand Prairie, Dallas, County, Texas MTE Proposal No. P12-0311 E-R1 August 8,2012

••••••• «i<i ....•.

•• ••• •

Pt f Lime Series Tests, ea.

Sieve Analysis, ea.

Hydrometer Tests, ea.

Consolidation, ea.

Editing Soil Samples, hr

GlOGAl STABILITY ANALYSES Senior Engineer, hr

Project Engineer, hr

Drafting, hr

103

'. E;stirylate'd Estimated Vnit UnitS Cost> .•.

0 $225.00

5 $55.00

0 $110.00

0 $400.00

20 $125.00

20 $165.00

50· $125.00

10 $55.00 ESTIMATED GLOBAL STABILITY SUBTOTAL

ENGINEERING REPORT Concrete Pavement Section Design (AASHTO) 0 $700.00

Senior Geotechnical Engineer, hr 4 $165.00 Project Engineer, hr 16 $125.00 Drafting, hr 20 $55.00 Clerical, hr 8 $50.00 Meeting, hr 8 $165.00 Final Report Copies, ea 3 $50.00

ESTIMATED ENGINEERING TOTAL

ESTIMATED GRANO TOTAL

Note. This proposal assumes that we receive NTP before the end of this year.

. .... /." .. ' .

Estiniate(jCost .

$0.00

$275.00

$0.00

$0.00

$2,500.00

$9,800.00

$3,300.00

$6,250.00

$550.00 :i>lU,lUU,uul

$0.00

$660.00

$2,000.00

$1,100.00

$400.00

$1,320.00

$150.00

$5,630.00

$59,615.00

DALLAS COUNTY PUBLIC WORKS

September 25,2012

MEMORANDUM

TO: Commissioners Court

104

COUNTY f\S courn

12SEP26 PM12:55

THROUGH: John Wiley Price, Commissioner, District 3

Selas Camarillo, Assistant Director - Property DiViSiO~/ FROM:

SUBJECT: Resale of Tax Foreclosed Property at 1400 I Cimarron, Balch Springs, Texas ("Property") via Private Sale

BACKGROUND

The property was inspected and there is a concrete slab and driveway which DCAD has no value on. Subject was offered for sale by the Sheriff of Dallas County at public auction and was struck off to the City of Balch Springs as Tfilstee on June 7,2011, pnrsuant to the judgment dated September 28, 2009 for the non-payment of delinquent property taxes. The Sheriffs Deed to the Property is recorded in Instrument No. 201100225137, Real Property Records, Dallas Connty, Texas.

Dallas County assnmed the trnstee role of the City of Balch Springs by Court Order No. 2011-1563, dated September 13, 2011. In January, 2012, Dallas County solicited sealed bids on the Property and received no bids. On September 13, 2012, the Public Works Department received an offer from Jose F. Mendez of $1,800 to purchase the Property in response to Dallas County's website posting.

Delinquent taxes on this property date back to 2004 and the Property has been tax exempt since 2011. Acceptance of the offer will discharge and extinguish only the ad valorem property tax liens for the tax years 2004-2008 included in the tax judgment. The purchaser will be responsible and liable for the payment of post judgment tax liens for the years 2009-2011, totaling approximately $1,486.85, if paid by October 2012.

STRATEGIC PLAN COMPLIANCE

The request 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 adopted by Court Order No. 2012-0863, dated May 15,2012. Pursuant to Section 34.05(i) of the Tax Code, the City ofBaleh Springs and the Mesquite LS.D. have adopted resolutions consenting to the sale of the Property.

Dallas County will execnte a Quitclaim Deed which will contain an acknowledgment that the Property is being sold subject to the prior owner's right of redemption, if any, that the grantee assumes responsibility for the payment of post judgment taxes and that the Property is being purchased on an "AS IS, WITH ALL FAULTS" basis.

IMPACT ON OPERATIONS

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 September 25, 2012 Page 2

FINANCIAL IMPACT

105

The proceeds from the resale will be distributed in accordance with the Tax Code, §34.06, Distribution of Proceeds of Resale. The law firm of Linebarger, Goggan, Blair & Sampson, LLP will prepare a Resale Worksheet for use by the Dallas County Tax Office in disbnrsing the proceeds from the resale. The table below details the expected financial impact of the offer inclnding eligible costs recoverable under §34.06 of the Tax Code.

Cause No.TX-08-31978, Styled Dallas County, et al vs. John R. Parham, et al DCAD Account No 12071500050250000 DCAD Value $16 000

Taxing Entities (Tax Pro rata % Less Eligible Expenses Years Included in Taxes Due in of Purchase Recoverable Under §34.06

Judement) Judgment(,) Judgment(,) Amount Tax Code County (2004-2008) $2,322.60 20.31% City (2004-2008) $2,395.89 20.95% $1,800 $4,179.75 (*) M.l.S.D. (2004-2008) $6,716.64 58.74%

$11,435.13 ,

(*) Dallas County AdnllnIstratlve Cost 0[$1,500, Court Costs 0[$2,679.75, City Mowmg Costs o[SO.OO.

Amount of Onreimbursed

Costs

($2,379.75)

Inrecommending acceptance of the purchase amount of $1,800, we have considered the amount of post judgment tax liens for tax years 2009-2011 of approximately $1,486.85, which will not be discharged or extinguished by this sale and for which the purchaser will be responsible and liable.

PERFORMANCE MEASURES IMPACT

Sale of the Property will assist the Property Division in meeting its 1st quarter perfonnance measures for FY 2013.

PROJECT SCHEDULE

Court Order to A ward Property Balance Purchase Price Due & Close Sale

RECOMMENDATION

October 9,2012. November 8, 2012

The Department of Public Works has reviewed the offer and recommends the Commissioners Court: (1) accept the Offer and Purchase Agreement from Jose F. Mendez for $1,800 to purchase the vacant tax foreclosure property at 14001 Cimarron Drive, Balch Springs, Texas, even if amount tendered is less than the market value of the land specified in the judgment of foreclosure or the total amount of the judgments against the Property, (2) upon receipt of the balance of the purchase price, authorize the sale of Property by quitclaim deed, subject to post judgment taxes, penalties and interest and to the previous owners right of redemption, if any, and (3) 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 matter above will be placed on the next regular agenda.

cc: Gordon Hikel, Assistant District Attorney, Civil Division Corey Worsham, Property Tax Manager Pamela Johnson, Linebarger, Goggan, Blair & Sampson, LLP

PAE:ctb\SC K/Property/Dtax/BalchSprings-BrfOffer 14001 Cimarron

DALLAS COUNTY PUBLIC WORKS

September 24, 2011

MEMORANDUM

TO: Commissioners Court

106

THROUGH: Commissioner John Wiley Price Road and Bridge District NO.3

/;;; FROM: Selas Camarillo C---;7,v

AssistantDirector, Property Division

SUBJECT: Bonnie View Road MCIP Project 30227 (Langdon Road to Wintergreen Road) ONCOR EASEMENT AND RIGHT OF WAY

BACKGROUND

Pursuant to Court Order 2001-814 dated April 24, 2001, Dallas County and the City of Dallas entered into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS which authorized transportation improvements on BONNIE VIEW ROAD VIEW ROAD PROJECT 30227 from Langdon Road to Wintergreen Road. The project is located in Road and Bridge District 3 and in the City of Dallas.

An easement is needed as part ofthe right-of-way and roadway alignment for the Bonnie View Road project that crosses land owned in fee by Oncor Electric Delivery Company, LLC. The attached Easement and Right of Way permits Dallas County to construct project facilities within the easement as stipulated and detailed in the easement.

PROJECT SCHEDULE

It is anticipated that constnlction of the Bonnie View Road project will begin in early 2013.

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

Commissioners Court September 24,2012 Page Two

STRATEGIC PLAN COMPLIANCE

107

The County has worked with the City of Dallas, Dallas Water Utilities, Oncor Electric Delivery Company and numerous agencies and utilities on this project which is consistent with Vision 1: Dallas County is a model interagency partner.

This project will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and businesses.

RECOMMENDATION

It is recommended that the County Judge be authorized and directed to execute the attached Easement and Right of Way with Oncor Electric Delivery Company, LLC for the Bonnie View Road MClP Project 30227. If the Commissioners Court is in agreement, a court order will be placed on the next formal agenda.

APPROVED BY:

AJ ·r,P.E. tor of Public Works

1! S¥,CFdlc

~f

Attachments: Oncor Easement And Right Of Way conveyance document (2)

V;\Property\ROW\Bonnie View 30227\ROw\17w DEl

COpy Watermlll-Simpson Stuart- Five Mile 138KV

8-11.1 (70042/258) 2012-2365J8

EASEMENT AND RIGHT OF WAY

STATE OF TEXAS § §

COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS

That ONCOR ELECTRIC DELIVERYCOMPANY LLC, a Delaware limited liability company, hereinafter referred to as Grantor, for and in consideration of TEN AND NOli 00 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the County of Dallas, 411 Elm St., Dallas, Texas 75202, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a nonexclusive twelve (12) foot wide easement and right of way for the purpose of constructing, reconstructing, replacing, maintaining and operating a Drainage Easement - Open Ditch, hereinafter referred to as Grantee's Facility, in, over, under, across and along the following described property:

SEE ATTACHED EXHIBIT "A"

There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Additional general construction limitations on easement are described and listed, but not limited to, in Exhibit "B", attached hereto and by reference made a part hereof. Use of draglines or other boom-type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feef of Grantor's power lines situated on the aforesaid property. Grantee must notify Dallas Transmission Operations, (972) 721-6387 at least 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom-type equipment.

109

Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall not place its facility within 25 feet of any pole or tower leg. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder.

This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility.

To the extent permitted by law, Grantee agrees to defend, indemnify and hold Grantor, its officers, agents and employees, hanmless against any and all claims, lawsuits, jUdgements, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of, or be occasioned, by any negligent act or omission of Grantee, its officers, agents, associates, employees or subconsultants; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Grantor, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Grantor and Grantee, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity or other defenses available to the parties under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof.

This easement, subject to aI/liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use.

TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely rever! to Grantor herein, its successors and assigns, and no act or omission on the par! of them shall be construed as a waiver of the enforcement of such condition.

1 1 0

AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise.

EXECUTED as of this ___ day of _____________ , 2012.

GRANTOR:

ONCOR ELECTRIC DELIVERY COMPANY LLC

By:, ______ ~~~-----------Jill L. Alvarez AttomeY-in-Fact

GRANTEE:

COUNTY OF DALLAS

By:, ____________________ ___

Name: ___________ _

Title: ___________ _

111

STATE OF TEXAS § §

COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared ______________ ~~--------~-,asthe----~------~~--~~~~ of the County of Dallas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______ day of _________ , AD. 2012.

Notary Public in and for the State of Texas

STATE OF TEXAS § §

COUNTY OF TARRANT §

BEFORE ME, the undersigned authority, on this day personally appeared Jill L. Alvarez, as the Attorney-In-Fact of Oncor Electric Delivery Company LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do so.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of __________ " A D. 2012.

Notary Public in and for the State of Texas

COUNTY: PARCEL No.: PROJECT NAME: PROJECT No.:

1 1 2

Exhibit A~ot3)

DALLAS 17·DE1

EXHIBIT

BONNIE VIEW ROAD MCIP PROJECT 30227

PROPERTY DESCRIPTION FOR PARCEL 17·DE1

Parcel 17-DE1 March 1, 2012

Page 1 of 3

BEING A 0.028 ACRE (1,227 SQUARE FEET) TRACT OF LAND SITUATED IN THE GEORGE FLOYD SURVEY, ABSTRACT NO. 463, DALLAS COUNTY, TEXAS, CITY OF DALLAS BLOCK 8309, SAID 0.028 ACRE TRACT BEING A PORTION OF THAT CERTAIN 4.22 ACRE TRACT OF LAND CONVEYED TO TEXAS UTILITIES ELECTRIC COMPANY (FORMERLY KNOWN AS "DALLAS POWER AND LIGHT COMPANY"), BY DEED AS RECORDED IN VOLUME 70042, PAGE 258, DEED RECORDS, DALLAS COUNTY, TEXAS (D.R.D.C.T.), SAID 0.028 ACRE TRACT BEING HEREIN MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

COMMENCING at a 3/8 inch iron rod found at the most southerly northeast property corner of Lot 2, Block N8300, May Jones Addition, being an addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded in Volume 2000010, Pagi;l3195, D.R.D.C.T.;

THENCE South 02 degrees 48 rninutes 06 seconds West, along the east property line of said Lot 2 and along the west right-of-way line of Bonnie View Road, being a 100 feet wide righI-ai-way, at a distance of 495.18 feet passing the southeast property corner 01 said Lot 2, same being the northeast property corner of the said 4.22 acre traot, and then along the east property line 01 the said 4.22 acre tract and continuing along the said west right-of-way line of Bonnie View Road, in all total a distanoe of 537.92 feet to a 1/2 Inch iron rod with cap stamped "Spooner & Associates" set (1/2 Inch CIRS), being the POINT OF BEGINNING;

THENCE South 02 degrees 48 minutes 06 seconds West, continuing along the said east property line of the 4.22 acre tract and along the said west right of way line of Bonnie View Road, a distance of 109.03 feet to a 1/2 inch CIRS, at the southeast property corner of the said 4.22 aore tract, same being the northeast property corner of that certain 6.728 aore tract of land conveyed to Clernrnie Skie!, as "Tract I", by deed as reoorded in Volume 2001062, Page 8483, D.R'o.C.T., said point also being located North 02 degrees 48 minutes 06 seconds East a distance of 590.42 feet from a 1/2 Inoh iron rod found at the most northerly southeast property corner of the remainder of that certain 39.31 acre traot of land conveyed to Clernmie Skief, by deed as recorded in Vqlurne 93051, Page 4775, D.R.D.C.T.;

1 1 3

Exhibit A Parcel 17-DE1 March 1,2012

Page 2 of 3

THENCE North 38 degrees 24 minutes 4B seconds West, along the south property line of the said 4.22 acre tract and along the north property line of the said 6.728 acre tract, a distance of 18.21 feet to a 1/2 Inch CIRS;

THENCE North 02 degrees 48 minutes 06 seconds East a distance of 95.48 feet to a 1/2 Inch CIRS;

THENCE South 86 degrees 27 minutes 37 seconds East a distance of 12.00 feet to the Point of Beginning containing 0.028 acres (1,227 Sq. Ft.) of land more or less.

Note: The basis of bearings for this survey is the Texas State Plane Coordinate System, North Central Zone (4202). All distances shown are surface.

'SURVEYORS CERTIFICATE'

I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that same is true and correct.

8Y~ Surveyors Name: Eric S. Spooner Registered Professional Land Surveyor, Texas No. 5922 Date of Survey: 3/1/2012

Date:,.......::.1_,.-.:./_-_I-=.z..~_

~ o 20' 40'

.--- ! GRAPHIC SCALE IN FEET

1" = 20'

CITY OF DAllAS SlOCK 8309

REMAINDER OF CALLED 39.31 ACRES CLEMMIE SKIEF

VOL. 93051, PG. 4775 - D.RD.C. T.

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I CITY OF DAllAS BLOCK 830.9

Exhibit A ~ <>+3)

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@lfiiiOlli'l@1fii l'I..iOlW SIllIi'lW1f M~'i'IFIA©'I' ~@. 4$3

DAllAS CITY BLOCK B309 6.72BACRES CLEMMIE SKIff

AS'7RACTr VOL 2001062. PG.8483

D.R.D.C.T.

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4.22ACRES

TEXAS UTlLmES ELECTRIC COMAPNY (DAUAS POWER & UGffT CO.)

VICINITY MAP- N. T.S.

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PARCEL 17-DE1 / - ... '" ~..s;~ :t¥ 'if' vi"

VOL 70042. PG. 258 - D.R.D.C.T.

O.D28ACRES (1.227 S.F.) STA: 91+50.31 / ~ O~/:) .tt$'~t;.,Ij.~. I vr~;o'..ooJ." OFF:61.B4L /" (:!- ~'l.U"Q~'

-SOi.~.z- )I;~~;:;<:'i:",""""","'",,,,,,,:<::",,,,,,,,~~~ _ ~~~_ ~ k_~~_~ -=~~~W~ ~G_; ~~ )! ------- ------ _ --·------7 P.O.B.:PARCEl17.DE1--- --- - - -- -- ---- -

'\ BONNIE VIEW ROAD / ~~-:'Z· P.O.C.-PARCEL17.DE1 SKIEF TRACT, VOL 93051. PG. 4775 - D.RD.C.T. , \ 100' R/GHT...QF..WAY / 3Itr fRF (CM)ATTHEMDST SOUTHERLy NORTHEAST

\. PROPERTYCORNEROFLOT2,BLOCKAI83DO. \\ . /" ",', MAYJONESADDmON. VOL 2000010, PG.3195-D.R.D.C.r.

------.- -------.- ---- :', 7·'---- ---\-,- ----- --- --.. -., .. --.' -.-----I. 'I. \ \

• \ / ' - -. , 'MllftAIiIJ W'. INJEWlfOlINJ SllliilllrlEW \\-- \\-\\ ffi\~mmffi\m iNl@. 1'*

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LSGBIID ./ . ": ,. \\ GROSS=.q..aAVK~{"'/- _ o.R.D.c.r. DEED RECORDS, DAUASCOONTY. TEXAS ./ '\ \ \ \\ :;AR~E!-~17~~~ = O.~~ ~~ i~.221~. FTJ M.R.D.c.r. MAPRECORDS,DAllASCOUN1Y, TEXAS \ \ \ \ P.OK PO!NTOFBEGINNING

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c::::J 1.·'--:1 '""'"

'112" IRON ROO WITH CAP STAMPED "SPOONM" ASSOCIATiiS" S~ UNLESS 01k£RWlSe NOTEO IRON ROD FOUND

DEEDCAU.

P.ARCa.. DE. (PROPOSED DRAINAGE EASEMENT)

PARes. se {PROPOSED SLOPEEASEMarr J THe BASJS OF BEARINGS FOR: THJSSfJfNE'f IS 7HeTa:o\S STATE P1..ANE COORDINA'TESYSreM. NORm cemw.ZONE (4.2D2}. AU. DlSTANCESSHOWNARESURFACE.

1HIS IS 1'0 CERnF'f TK<\.TTHEASOVE PtATWAS PRSPAREO fROM AA ON n-!E GROUND $UFM:YCONDUCJE) f.INOER MYSUPERVISION.

COUNTY OF DALLAS, TEXAS DEPARTMENT OF PU8f..1C WORKS

BONNIE VIEW ROAD LANGDON' ROAD TO WINTe:RGRE~N ROAD

-'"

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1 1 5

CONSTRUCTION LIMITATIONS ON

ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY

EXHIBIT "B"

1. You are notified, and should advise your employees, representatives, agents, and

contractors, who enter the property that they will be working in the vicinity of high

voltage electrical facilities and should take proper precautions, included but not limited

to the following stipulations and in compliance, at all times, with Chapter 752, V.T.CA,

Health & Safety Code.

2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.

3. Construction on electric transmission line easements acquired by Oncor after January

1,2003 shall comply with the requirements of Public Utility Commission Substantive

Rules §25.1 01, as amended from time to time.

4. Grading will be done in order to leave the right-of-way as near as possible to present

condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on

right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when

required and such that the slopes can be mechanically maintained.

5. Equipment and materials will not be stored on the right-of-way during construction

without written approval of the Supervisor of Regional Transmission.

6. Street or road crossings are to be based on drawings submitted. Any change in

alignment or elevation will be resubmitted for approval.

7. No signs, lights or guard lights will be permitted on the right-of-way.

8. Equipment shall not be placed within fifteen (15) feet of the power lines.

9. Any pre-approved fencing will not exceed eight (8) fee! in height, and if metal in nature,

will be grounded, at ten (10) feet intervals, with an appropriate driven ground. Gates

should be at least sixteen (16) feet in width to allow Oncor access to the right-of-way.

1 1 6

10. No dumpsters will be allowed on Oncor right-of-way or fee owned property.

11. Draglines will not be used under the line or on Oncor right-of-way.

12. The existing grade shall not be disturbed, excavated or filled within 25 feet of the

nearest edge of any tower.

13. Right-of-way will be protected from washing and erosion by Oncor approved method

before any permits are granted. No discharging of water will be allowed within any

portion of the right of way.

14. No obstruction shall be installed on the right-of-way that would interfere with access to

Oncor structures or prevent mechanical maintenance.

15. Before any work is done under Oncor lines or by Oncor structures notify the Region

Transmission Department, (972) 721-6387.

16. No hazardous materials will be stored on the right of way.

17.For purposes of this document, "Hazardous Materials" means and includes those

substances, including, without limitation, asbestos-containing material containing more

than one percent (1%) asbestos by weight, orthe group of organic compounds known

as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals

known to cause cancer or reproductive toxicity and includes any items included in the

definition of hazardous or toxic waste, materials or sUbstances under any Hazardous

Material Law. "Hazardous Material Laws" collectively means and includes any present

and future local, state and federal law relating to the environment and environmental

conditions including, without limitation, the Resource Conservation and Recovery Act of

1976 ("RCRA"), 42 U.S.C. §6901 et seq., the Comprehensive Environmental

Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C. §§9601-

9657, as amended by the Superfund Amendments and Reauthorization Act of 1986

("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seq., the

Federal Water Pollution Control Act, 33 U.S.C. §1251, et seq., the Clean Air Act, 42

1 1 7

U.S.C. §741 et seg., the Clean Water Act, 33 U.S.C. §7401 et seg., the Toxic

Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42

U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter

promulgated thereunder.

18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be

bumed upon or in close proximity to the conductors or towers.

19. No structures or obstructions, such as buildings, garages, barns, sheds, guard houses,

etc., will be permitted on the right-of-way.

20. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping

plans in writing. No lighting or sprinkler systems are allowed on the right-of-way.

1 1 8

DALLAS COUNTY COMMISSIONERS COURT ADMINISTRATION

September 26,2012

To: Commissioners Court

From: Darryl Martin, County Administrator

Subject: Jail Consultant Contract

Background Through Court Order 2009-933, Dallas County engaged Carl R. Griffith & Associates, Inc. (CRG) to assist Dallas County and the Dallas County Sheriff's Office in correcting the deficiencies from the March 2009 inspection by the Texas Commission on Jail Standards (TCJS). The engagement was continued through Court Orders 2010-1053 and 2011-365 and was completed on September 30, 2011. During the term of the contract, Dallas County achieved certification from TCJS (August 2010) and obtained a temporary variance to utilize the 928 beds in the North Tower Jail (February 2011). Dallas County continued its engagement with CRG through Court Order 2011-2051 dated November 29, 2011 with specific objectives and noted outcomes including once again passing jail inspection, a noted reduction in jail population and a number of operational audits with a focus on reducing overtime and increasing efficiency. Dallas County continues to improve the facilities and operations of the jail system in order to maintain this certification.

CRG's services are needed to continue this improvement effort and assist Dallas County in evaluating any proposed changes to jail standards at the staff and Commission level through TCJS and at the legislative level with the upcoming legislative session in Austin. The purpose of this briefing is to make a recommendation concerning a new contract for additional services from the consultant.

Operational Impact Under the scope of services, CRG's primary role will be to assist Dallas County in all issues related to the Texas Commission on Jail Standards. Examples may include the approval process for the holdover cells to be constructed on the 8th Floor of the Frank Crowley Courthouse and the Jail Medical Modification project, reviewing proposed standard changes, and monitoring compliance with minimum staffing requirements. In addition, CRG will assist in the County's preparation for its annual inspection. Compensation for these services will be consistent with the prior contract and based on an hourly rate of $200.00 with travel expenses reimbursed at federal rates.

CRG will work closely with the Assistant County Administrator for Governmental Affairs to monitor activity at the Legislature this upcoming session for issues and bills that may impact Dallas County and Jail operations.

For these services, CRG proposes to be compensated on a contingency basis dependent upon the successful implementation of each program. In order for these areas to be considered, CRG will present a detailed work plan to County staff that includes estimated resources, timeline, potential

Dallas County Administration Building 411 Elm Street

Dallas, Texas 75202-3317

Commissioners Court November 22,2011 Jail Consultant Contract Page 2

1 1 9

savings/revenue, and proposed contingency fee. Staff will evaluate the proposal and present it to Commissioners Court as a proposed amendment to the contract.

Financial Impact The proposed hourly rate for services is $200.00 with travel expenses reimbursed at federal rates. The contract has a not to exceed value of $10,000 for professional fees per month. Funding for these services is recommended from Countywide Consulting Services (120.9910.02430).

The proposed compensation model for any special projects is a contingency fee basis. The contingency fee, if any, will be determined based on the proposal submitted by CRG that establishes the baseline data, potential costs savings and/or revenue, and must be approved by Commissioners Court as an amendment to the contract.

Legal Impact The attached professional services agreement mirrors the agreement approved in May 2009 and has been reviewed and approved by the District Attorney's Office, Civil Division.

Recommendation Staff recommends approval of the attached professional services agreement with Carl R. Griffith & Associates, Inc. to perform consulting services related to the Dallas County jail system for the period October 1, 2012 through September 30, 2013.

DALLAS COUNTY 20 OFFICE OF BUDGET AND EVALUATION

September 26, 2012

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

RQsrown, Budget Officer

Office of Budget and Evaluation Staff

Conference/Travelffraining Requests

The following departments have requested approval for Conferenceffravel/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 notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Com-t approval under State Statues

PROBATE INVESTIGATOR/VISITOR OFFICE - notifies Commissioners Court of Renata Cunha's attendance at the Dallas Area Agency on Aging Benefits Educational Seminars on September 27 - 28, 2012 in Dallas, Texas. The total cost to attend is $50 for registration fee. Funding is available in Probate Escrow Education Fund (532.4701.21667).

Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Court authority

INFORMATION TECHNOLOGY - requests the following:

a) Stanley Victrum to attend the Champions Circle 2012 Education and Policy Conference scheduled for November 28-30, 2012 in FI. Worth, Texas. Conference cost is $390. Funding is available in the Major Technology Unallocated Reserves.

b) Pete Garcia to attend a Mobility XE Administrator Training Course (2-day class) provided by Netmotion Wireless. Netmotion is used to support the Sheriffs Office patrol cars. The training course will be provided locally on November 28, 2012 through November 29,2012. The total cost of $1,995 is requested for the training with funds from the IT Department's training fund (195.1090.2460). This was previollsly briefed on March 13, 2012.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 • r]watkinsCiildallascounty.org

F;'l C -; 7.J (J)

(")-; 0-< c: :;0

-!

CONSTABLE PRECINCT 5 - requests apprdva?ro~ Constable Beth Villarreal to attend the Law Enforcement Management Institute of Texas - Women Incident Commanders at Sam Houston State University, Criminal Justice Center in Huntsville, Texas on November 12, 2012. The total cost to attend is $50. Funding is available in Escrow account (532.0.02462.0.0.94074).

191 ST CIVIL DISTRICT COURT - Judge Gena Slaughter notifies Commissioner Court of her attendance at the American Bar Association National Symposium on the American Jury System in Chicago, Illinois, October 4-6, 2012. The total estimated cost to attend is $1,783 ($633 -airfare, $750 - hotel, $150 -transportation, and $250 - food). Funding is available in DDA 120.4155.2230.

COUNTY CLERK - requests approval for Mr. John F. Warren, Mr. Edward C. Bailey, and Mr. Anthony Oliver to attend the Urban Recorder's Alliance (URA) Membership Conference in San Marcos, Texas on September 25 - 27, 2012. The total estimated cost is $1,378 ($587-hotel, $251-mileage, $90-registration, and $270-food). The funding source is The County Clerk Escrow Account.

DIVERT COURT - requests approval for Keta Dickerson to be reimbursed in the amonnt of $210 for the Department Matrix meeting lunch held on September 21, 2012. Funding is available in Fund 532.94052.

ROAD AND BRIDGE #2 - requests approval for Traci Enna to attend the 2012 Transportation Crossroads Conference on November 30, 2012 at the Hilton Anatole Hotel in Dallas. The total cost to attend is $95 for registration. Funding is available in department's DDA.

SHERIFF'S OFFICE - requests approval for the following travel:

a) Chief Balise Mikulewicz, Chief Herrera, and Sergeant David Teel to attend the Plan review meeting with Texas Commission on Jail Standards/Dallas County Jail Med Mod in Austin, Texas from September 27, 2011. A county vehicle with gas credit card will be used. The total estimated cost to attend is $60 for food. Funding is available in the Commissary Fund (532.4010.91046).

b) Jose Reyes and David Guerra to attend the Recruitment of DSO, City Career Annual Diversity Employment Fair in Dallas, Texas on October 3, 2012. A county vehicle with gas credit card will be used. The total estimated cost for travel related expenses is $700. Funding is available in the Commissary Funds (532.91046).

c) Captain Chris Turner and Lieutenant Jerry Kitchens to provide testimony at Senate Finance hearing in Austin, Texas on September 25, 2012. A County vehicle with gas credit card will be used. There is no cost to county for staff to attend.

d) Hopkins, Tejada, and Guerra to attend the Recruitment of DSO, City Career Annual Diversity Employment Fair in Dallas, Texas on October 25, 2012. A county vehicle with gas credit card will be used. The total estimated cost for travel related expenses is $255 ($175 - registration and $80 - ad). Funding is available in the Commissary Funds (532.91046).

Briefing Date -October 2, 2012

122

Notifying Commissioners Court of ConferencelTl'avellTraining funds used by Grant I'rograms

JUVENILE DEPARTMENT - Whitney Coleman to conduct Site Reviews at the "Mingus Mountain Estate Residential Acadcmy" and the "VisionQuest Seven Stones". The first Site Review will be conducted at the Mingus Mountain Estate Residential Academy located in Prescott Valley, Arizona on Monday, October 8-10, 2012; the second Site Review will be conducted at the "VisionQuest Seven Stones" in Tucson, Arizona on October 10 -12, 2012. The total estimated cost is $1,554 ($753 - round-trip flight; $423 - hotel; $277 - food; $100 - baggage and shuttle fees). Funding is available in the Dallas County Juvenile Department's Fund (466.7108.4010.2013).

SHEIUFF· requests approval for Mickey Tolbert and Lawrence Smith to attend the 2012 TA VTI Conference in El Paso, Texas from October 14 - 19, 2012. The total estimated cost to attend is $2,040 ($1,150 - hotel, $390 - food, $350 - registration, and $150 - parking). Grantor does not allow payment in advance for travel costs. The officers would have to pay in advance the full amount of the travel costs, and at this time is unable to do so and request that the court allow a cash advance from the North Texas Auto Thefi Task Force Impress Fund for those who are unable to fund themselves.

HEALTH AND HUMAN SERVICES - requests approval for the following;

a) Maurice Murray to attend the 20]2 STD/HIV State Conference on October 28 - 31, 2012 in Austin, Texas. The estimated cost to attend is $790 ($400 - hotel, $140 - food, and $250-registration). Funding is availaMe in grant #8736 SAMHSA.

b) Felicia Barnett to attend the 2012 STD/HIV State Conference on October 28 - 31, 2012 in Austin, Texas. The estimated cos, to attend is $1,096 ($250 - mileage, $400 - hotel, $140-food, $56 - parking, and $250 - registration). Funding is available in grant #8740 Syphilis.

c) Robert Baxter to attend the 2012 STD/HIV State Conference on October 28 - 31, 2012 in Austin, Texas. The estimated cost to attend is $790 ($400 - hotel, $140 -food, and $250-registration). Funding is available in grant #8704 HIV - Prevention.

d) Marisa Gonzales to attend the 2012 STD/HIV State Conference on October 28 - 31, 2012 in Austin, Texas. The estimated cost to attend is $1,096 ($250 - mileage, $400 - hotel, $140 -food, $56 - parking, and $250 - registration). Funding is available in grant #8704 HIV -Prevention.

e) Crystal Flores to attend the 20H2 STDIHIV State Conference on October 28, 2012 -November 1, 2012 in Austin, Texas. The estimated cost to attend is $844 ($221 - mileage, $438 - hotel, $125 -food, and $150 - parking). Funding is available in grant #65502.

1) Luz Betancourt to attend the 2012 STD/HIV State Conference on October 27 - 31, 2012 in Austin, Texas. The estimated cost to attend is $1,555 ($400 - mileage, $500 - hotel, $175 -food, $70 - shuttle, $100 - parki1l11g, $60 - baggage fee, and $250 - registration). Funding is available in grant #8736 SAMHSA.

g) Dr. Christopher Jenkins, Anthony Jenkins, and Scott Sawlis to meet with Harris County representatives regarding their Mosquito Control Program on October 4, 2012 in Houston, Texas. The total estimated cost [0 travel is $1,363 ($808 - airfare, $150 - mileage, $105-

Briefing Dale -October 2. 2012

food, $200 - ground transportation, and h~ ~irport parking). Funding is available in the Environmental Health budget.

h) Marshall Rendon to attend a TB Clinic Records Conference and Workshop from October 27 -29, 2012 in Austin, Texas. The estimated cost to attend is $541 ($221 - mileage reimbursement, $250 - hotel, and $70- food). Funding is available in TB Clinic budget.

i) Edward R. Bannister to attend the 2012 National LRN Meeting in Denver, Colorado from October 9 - 12, 2012. The total estimated cost to attend is $1,434 ($292 - airfare, $600 -hotel, $320- food, $22 - ground transportation, and $50 - parking). Funding is available in grant #8720-PHEP-LRN.

j) Consuela Cortes to assist with HIV and Syphilis testing tour at University of North Texas College on October 10, 2012. There is no cost to participate. Any incidental expenses will be paid from grant #8740 Syphilis Elimination.

k) Luz Betancourt and Algua Isaac to assist with HIV and Syphilis testing tour at University of North Texas College on October 10, 2012. There is no cost to participate. Any incidental expenses will be paid from grant #8706 VD Epidemiology.

Briefing Date --October 2, 2012

124

To:

Through:

Commissioners Court (,)

R yaIf.Brown, Budget Officer

From: Charles Reed, Budget and Policy Analyst

Subject: Addition of an Application Support Analyst for SWIFS

BACKGROUND The Southwestern Institute of Forensic Sciences (SWIFS) has a variety of software packages, applications, and databases that are specific to the department. The nature of these specialized technologies requires technology personnel whom maintain a working knowledge of complex applications and databases such as LIMS. As such, SWIFS has requested the addition of an Application Support Analyst to the Office of Information Technology (IT) staff to provide full-time, specialized support to the department.

OPERATIONAL IMPACT Currently, SWIFS must rely on outside vendors and the IT staff to provide support for the variety of software packages and specialized databases utilized by the department. This situation has resulted in extended downtime of core software as the department waits for available resources from the outside vendors or IT. The addition of Application Support Analyst for SWIFS as part of the IT staff will provide SWIFS with a full-time resource whom can handle the departments specialized requests and significantly reduce the downtime of core applications and databases.

FINANCIAL IMPACT The addition of the new Application Support Analyst for SWIFS at an expected salary grade of MM has an anticipated cost to the County Major Technology Fund (MTF) of $108,397 including benefits. To supplement the additional cost to the MTF, SWIFS has proposed the deletion of two (2) grade GM Firearms Examiners (Position #1512 and #7695) which will result in a $147,950 savings to the County General Fund. The net savings to the County is anticipated tID be $39,553. As part of the FY2013 DDA Initiatives plan, half of the savings, $19,777 will be placed in the SWIFS DDA account.

RECOMMENDATION The Office of Budget and Evaluation recommends that Commissioners Court authorize the addition of an Application Support Analyst for SWIFS and the deletion of two Firearms Examiners to realize a savings to the County of $39,553 half of which, $19,777, will be moved into the SWIFS DDA account as part of the FY2013 DDA Initiatives plan. It is further recommended that Human Resources I Civil Service review the new position for proper classification.

411 Elm Street - 3Fd Floor, Dallas Texas 75202-3340 (214) 653 - 6655. Fax (214) 653 - 6517 • charles.reed@dallascounty.org

Dallas County Office of Budget and Evaluation

October 2, 2012

To:

Thl'ough:

From:

Commissioners Court

R'~own B~e7'Officer

Charles Reed Budget and Policy Analyst

125

Subject: Road and Bridge #4 DDA Initiative

BACKGROUND

-..

Since FY2009, the County has not provided seed funding for Departmental Discretionary Accounts (DDA) to department heads and elected officials. This was introduced as a budget savings strategy to help remedy the budget shortfall. As part of the FY2013 Budget Process, the Commissioners Court authorized the Office of Budget and Evaluation to review DDA Initiatives that produce savings to the County half of which would then be awarded to the department as DDA funding of up to ten times the Department's seed amount. The purpose of this briefing is to detail a DDA Initiative proposed by Road and Bridge District Four (RB4).

OPERATIONAL IMPACT As part of the FY2013 Budget Process, RB4 has submitted a proposed DDA Initiative to the Office of Budget and Evaluation. Commissioner Dr. Elba Garcia, for FY2013, intends to waive both her approved auto allowance as well as the four percent raise being allocated to all elected officials per Court Order 2012-1449.

FINANCIAL IMPACT Commissioner Dr. Elba Garcia will waive her approved auto allowance for FY2013 for a savings to the County of $9,296 as well as her four percent raise for a savings of $5,072 for a total savings to the County of $14,368.

RECOMMENDATION The Office of Budget and Evaluation recommends Commissioners Court approve the DDA Initiative proposed by RB4 and further recommends allocating half of the savings ($7,184) proposed by the RB4 DDA Initiative into the RB4 DDA account.

411 Elm Street 3rd Floor, Dallas Texas 75202-3340 (214) 653 - 6655. Fax (214) 653 - 6517. charles.reed@dallascounty.org

C0 in: ' .. ,

Dallas County Office of Budget and Evaluation

September 26, 2012

To:

Through:

From:

Commissioners Court

Rya(12own Budget Officer

Ronica Watkins Assistant Budget Officer

126

Subject: County Judge DDA Initiative

BACKGROUND

N en ,.." -0 N 0'\

." :z t:,:) ..

Since FY2009, the County has not provided seed funding for Departmental Discretionary Accounts (DDA) to department heads and elected officials. This was introduced as a budget savings strategy to help remedy the budget shortfall. As part of the FY2012 Budget Process, the Commissioners Court authorized the Office of Budget and Evaluation to reinstate the review DDA Initiatives that produce savings to the County half of which would then be awarded to the depa.tment as DDA funding of up to ten times the departments seed amount. The purpose of this briefing is to detail a DDA Initiative for the County Judge's Office.

OPERATIONAL IMPACT As part of the FY2013 Budget Process, Judge Jenkins waived his four percent raise being allocated to all elected officials per Court Order 2012-1449.

FINANCIAL IMPACT County Judge is waiving his four percent raise for a total savings to the County of $5,715.

RECOMMENDATION The Office of Budget and Evaluation recommends Commissioners Court approve the DDA Initiative by the County Judge waiving his four percent raise and further recommends allocating half of the savings ($2,858) as result into the County Judge DDA account.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653 - 6363. Fax (214) 653 - 6517. rlwatkins@dallascounty.org

127

October 2, 2012

MISCELLANEOUS

1) HEALTH & HUMAN SERVICES - requests approval:

a) to utilize Sprint Solutions, Inc. to provide connectivity services for the donated netbooks from DSHS, and to authorize Dallas County Health & Human Services to issue a letter of authorization for the services.

b) of all operating expenses of the Senior Center Operations, Congregate Meals and Transportation programs beginning October 1, 2012 until final contracts are received from the Dallas Area Agency on Aging.

c) for the DCHHS Housing Choice Voucher program to receive a portion of the divested vouchers currently administered by the Lancaster housing Assistance Program to be transferred as pursuant to Notice PIH 2012-11.

(Please Refer to Information Item No. 7a) (COURT ORDER ON FORMAL AGENDA)

2) COMMUNITY SUPERVISION & CORRECTIONS - requests approval to engage the services of Qnet the current county contractor for the storage, delivery, set-up, installation and imaging of 200 new PCs. Qnet will also provide storage for the replaced PCs until disposition arrangements are made by the State. Total cost for Qnet's services is $9,000.00, which will be funded by the Community Supervision and Corrections Department. No county funds will be needed.

3) ELECTIONS - requests approval for:

a) use of Facilities Space and Parking, in connection with the upcoming General Election to be held on November 6, 2012.

(Please Refer to Information Item No. Sa)

b) security, in connection with the upcoming General Election to be held on November 6, 2012.

(Please Refer to Information Item No. Sb)

4) SHERIFF - requests approval authorization to enter into a funding agreement with the Texas Department of Transportation for the Traffic Management Program. The Texas Department of Transportation agrees to reimburse Dallas County $2,500,000 for providing law enforcement patrol services on various highways in Southwest Dallas County during FY2012. Recommended by the Office of Budget and Evaluation.

10102/2012

128

5) FACILITIES MANAGEMENT - requests approval to install building directories in the public elevators at the George L. Allen Sr. Courts Building. The directories and frames will be purchased and provided by the Dallas Bar Association and installed by County Staff in the nine public elevators. Recommended by the Office of Budget and Evaluation.

6) ENGINEERING & PROJECT MANAGEMENT - requests approval to authorize a change order to the contract with Jamail & Smith in the amount of $2, I 00 to cover the additional cost with changing all new doors added as part of the 8th Floor Crowley Remodel consistent with the white oak doors in the rest of the building instead of the white birch doors which were originally quoted. Recommended by the Office of Budget and Evaluation.

7) AUTO SERVICE CENTER - requests approval:

a) to replace vehicle FC316 (2FAFP7IWX3XI14732) which has reached a maintenance cap making it no longer economical to repair with vehicle CE859 (2FAFP71 W24XI61500). Recommended by the Office of Budget and Evaluation.

b) to replace vehicle CB848 (2FAFP7IW65XI48606) which has reached a maintenance cap making it no longer economical to repair with vehicle CA862 (2FAFP7IW26XI42514). Recommended by the Office of Budget and Evaluation.

8) IT SERVICES - requests approval to authorize the development of the JCMS/Techshare Juvenile and Crossmatch application interface by Crossmatch Tec1mologies at a cost of $37,382. This interface is required for the implementation of the new Techshare Juvenile System which is replacing Juvenile Information System (JIS). The interface supports the electronic submission of juvenile offender and arrest information from the JCMS/Techshare Juvenile system to the State of Texas and FBI. Funding is available in the JAG Grant. Recommended by the Office of Budget and Evaluation.

9) DISTRICT ATTORNEY - requests approval for the following professional service contracts:

a) for the services of Julia Kang to assist the Community Prosecution Unit in developing and delivering programs to at-risk youth, to be paid an amount not to exceed $48,000; and

b) for the services of James Tate to coordinate and run the Citizens Prosecution Academy, to be paid an amount not to exceed $6,500.

Both contracts will be paid out of District Attorney Forfeiture Funds with no impact to the General Fund. Recommended by the Office of Budget and Evaluation.

10102/2012

129

10) OFFICE OF BUDGET & EVALUATION ~ requests approval:

a) for the following exceptions to the current Court Interpreter Rates:

I. Interpretation services in Punjabi provided by Vinod Malhotra September 5, 2012 (Case/Cause# F0354024). Interpretation will be billed at a rate of $1 OO/hr, with a two-hour minimum and billable in 30-minute increments. Recommended by the Office of Budget and Evaluation.

2. Interpretation services in PUIJiabi provided by Vinod Malhotra September 21, 2012 in the 292" District Court. Interpretation will be billed at a rate of $1 OO/hr, with a two-hour minimnm and billable in 30-minute increments. Recommended by the Office of Budget and Evaluation.

3. Interpretation services in Korean provided by Young Sung September 21, 2012 in the County Criminal Court # I (Case/Cause# MOF72824). Interpretation will be billed at a rate of $75/hr, with a two-hour minimnm and billable in 30-minute increments. Recommended by the Office of Budget and Evaluation.

4. Interpretation services in Korean provided by Young Sung September 25, 2012 in the Criminal District Court #7 (Case/Cause# FI259394). Interpretation will be billed at a rate of $751hr, with a two-hour miinimum and billable in 30-minute increments. Recommended by the Office of Budget and Evaluation.

b) to create of an Assistant Administrator, grade D2 position, to report to the Commissioners Court Administrator. It is further requested that the Hnman Resources/Civil Service Department review the new position for proper classification. Recommended by the Office of Budget and Evaluation.

11) COUNTY JUDGE ~ requests approval for free parking for Trunecia Johnson, intern, from Skyline High School that will be working in the County Judge's office from September 2012 ~ May 2013. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

Communications & Central Services - P1209004 ~ requests authorization to provide onsite technical support for the Elections department from Affiliated Communications/Avaya Partner duriJl1g the General Election held on 1116112. Support will be need anywhere between the hour.s of 5am and 7pm estimated to be about six (6) after business hours at $82.50 an hour. Equipment $0.00; Installation $495.00; Recurring Cost $0.00 - Recommended

10/02/2012

130

Information Technology - D1209007 - requests one data cable for network access at Community Service Quonset Hut. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Juvenile - Henry Wade - D1209005 - requests one data cable for JCMSIJIS access in the Detention Hearing area. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 -Recommended

Public Defenders - D1209006 - requests one data cable for Biz Hnb network printer room A-132. Eqnipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended Fund 195.1090.2690

Sheriff - requests: M1209014 - one voice cable in new clerk civil enforcement sectionlst floor room LB2-4. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

D1209014 - one data cable in new clerk civil enforcement section 1st floor room LB2-4. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Tax Office - D1209008 - requests one data cable for Biz Hub network printer ground floor main tax office room G-02 MV cash cage area. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended Fund 195.1090.2690

• 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:

10/02/2012

Justice of Peace 5-1 4 - File Cabinets 2 - Three Drawer Cabinets I - Six Drawer Cabinet 1 - Two Drawer Cabinet (small)

ESTIMATED COST: PROPOSED ACTION:

10/0212012

1 3 1

$0 Justice of the Peace requests approval to transfer the above listed items from surplus to their court. Recommended by the Office of Budget and Evaluation.

Miscellaneous Eguipmentffelecommunicationsillues/Computer Hardware and Software/Supplies over $50 October 2, 2012

Actual invoiced amounts may deviate by up to $20 from the amounts listed without additional Commissioners Court Authorization

Q'y Total R=Repl. Hepartment Fundinv; _;E:xp~llse Code ReCOill. Hem D~!sEiption

Unit Cost Cost N=New Justification

Constable 5

2 Constable 5

3 ConstabJe 5

4 Facilities Management

5 Facilities Management

6 Facilities Management

7 FacilitIes Management

8 Facilities Management

9 Facilities Management

10 Facilities Management

11 Facilities Management

12 Facilities Management

13 Facilities Management

14 Facilities Management

15 Facilities Management

16 Facilities Management 17 Facilities Management

18 FacilitIes Management 19 Facilities Management

20 Facilities tvfanagement

21 Facilities Management

22 Facilities Management

23 Facilities Management

24 Facilities Management 25 Facilities Management

26 Facilities Management 27 Facilities Management

28 Facili1ies Management 29 FaCIlities Management

30 Facilities Management

31 Facilities Management

32 Facilities Management

33 HSEM

34 Information TcchnolOb'Y

35 Information Technology

36 lnfonnation Technology

37 Information Technolob'Y

Records Escrow

Within Budget

Federal Forfeiture

Within B\ldget

Within Budget

Within Budget

Within Budget

Within Budget

Within Budget Within Budget

Within Budget

Within Budget

Within B'ldget

Within Budget

Within Budget

Within Budget

Within Budget

Within Budget Within Budget

Within Budget

Within Budget

Within Budget

Within Budget

Within Budget

Within Budget Within Budget

Within Budget

Within Budget Within Budget

Within Budget

Within Budget

Within Budget

USAl EOC Enhancement Project Funds - FY2011

Hardware Refresh

Sheriffs Forfeitures

Sheriffs Forfeitures

Sheriff's Forfeitures

120.1024.2090

120.3250.2095

532.2510.91053

120.1022.2090

120.1022.2090

120.1022.2670

120.1022.2670

120.1022.2670

120.1022.2670 120.1022.2670

120.1022.2670

120.1022.2670

120.1022.2670

120.1022.2670.2012

120.1022.2730

120.1022.2730 120.1022.2730

120.1022.2730

120.1022.2730

120.10222730

120.1022.2730

126.2635.1010.70043

126.2635.1010.70149

126.2635.1110.70022

126.2635.1130.79999 126.2635.1130.79999

126.2635.1170.70047

126.5590.1070.70017 126.5590.1075.70043

126.5590_1150.70017

1265590.1150.70101

196.0.8130.0.94025

466.8640.2011.4107

195.92055

532.91002

532_91002

532.91002

6 6

2

2 2

2

Low Volume Fax Machine

Adobe Acrobat X Pro

Price Increase for Gun Safe briefed 7-3-12

Cannon powerS hot camera

Laminator

Guardian AlC unit

3-Ton HVAC indoor untt

3·Ton HVAC outdoor unit 1.5-Ton HVAC outdoor unit

L5-TonHVAC indoor unit

ATS Switch

5 ton AlC unit

24" air circulator

Razor Wire InstaH

Fluke resistance tester

Random Orbit Sander, 3.5A, 5" Jigsaw, Top Handle, T Shank, l20V,7AlvlP

Oxy - Acetylene kit wi cylinders Coaxial crimper, multifunction

Dril!lDriver kit, 18vdc, 112" compact

Cordless Hammer DrillJDriver kit, 18V

Transfer Switch for ATS

Emergency Generator Installation

Roof Repair

Parking Lot Repair Rip Rap Wall Construction

Diesel Emergency Generator

Non Lube Air Compressor Package

Wet Seal Exterior

1 Add Additional Cooling Tower

1 Install Catwalk / Roof

2 Remove I Replace Air Cooled Unit

WebEOC Resource Manager

5 Dell Desktop Computer

10 Wireless Access Point

10 CAT5 Data Cable Installation

Wireless Installation Service

288

200

60

160

150

1,001

1,724

1,877

1,397

1,041

15,845

1,001

238

12,187

6,000

123 190

412 74

191

218

31,690

150,000 10,860

150,000 15,000

275,000

40,000 200,000

100,000 130,000

85,000

20,535

800

750

300

4,000

288

200

60

160

150

1,001

10,344

11,262

1,397

1,041

31,690

1,001

238

12,187

6,000

247

381 824

74

191

218

31,690

150,000 10,860

150,000 15,000

275,000 40,000

200,000

100,000 130,000

170,000

20,535

4,000

7,500

3,000

4,000

R

N

N

R

R

R

R R R R

R

R

N

N

N

N N N N

N

N

R N R R R R R R N R

R

N

R

N

N

N

Needed to replace fax machine no longer working properly

Needed for Constable computer

Needed to cover the increased cost ofltem 111635 from 7-3-12 Camera missing, security report-has been done

Needed to replace broken machine used to protect

donmlents used in field

Emergency repair for Grand prairie SubCourthouse

FCCB 911 computer room

FCCB 911 computer room

FCCB 911 COmp\lter room FCCB 911 computer room

Needed to repair fire alann, air compressors, duress system, etc@HWJJC

Replacement unit for Grand Prairie SubCourthouse

South Tower Jail - needed to circulate air through halhvay.

Needed for fence at Med Lock

Electricians diagnostic aid in troubleshooting electrical components

Hand tools for Carpenter shop

Hand tools for Carpenter shop HV AC repairs

Tools for electronics technicians

Tools fOf Records Bldg and George Allen mamtenance.

Tools for Records Bldg and George Allen maintenance.

Needed replacements at HWJJC

Needed to prevent outages at tetot

Needed repairs at E. Dallas Govt Center Needed repair parking lots County wide

Needed repairs for Fire Station drainage

Needed at George Allen to prevent outages

Needed in kitchen at Cook Chill Needed to prevent leaks at HWJJC

Needed for \valk in freezer at HWJJC

Needed for the roof at SWIFS

Needed at Records 5th floor for IT

Needed for Incident Management System

Needed to replace stock used at SheriffD.MU

Needed to provide wireless access to Sheriff Executive staff in Crowley and Sterrett

Needed to provide wireless access to Sheriff Executive staff in Crowley and Sterret1

Needed to provide wireless access to Sheriff Executive staff in Crowley and Sterrett

-"

(;) I\)

DCQartment

38 Infonnation Technology

39 Infonnation Technology 40 Infonnation Technology 41 Information Technology 42 Road and Bridge 113 43 Road and Bridge #3 44 County Criminal Court #8 45 County Criminal Court #8 46 265th Cnminal District Court

47 HSElvl

48 Fire Marshal 50 Fire Marshal

51 Tax Office

52 Tax Office

53 Tax Office

54 Tax Office

55 Tax Office

56 Texas AgriLj[e

Miscellaneous Eguipmentrrelecommunications/Dues/Computer Hardware and Software/Supplies over $50 October 2, 2012

Actual invoiced amO\mts may deviate by up to $20 from the amounts listed \\iithout additional Commissioners Court Authorization

Qty Unit Total R=RepJ. Funding Exp:ense Code Recorn. Item Descrigtion Co~1: Cost N=New Justification

Sheriffs Forfeitures 532.9}O02 DSO HRDNA Server Hardware 8,907 8,907 N Needed to support national DNA collection database in north Texas

County Clerk Escrow 532.4031.94085 16 Dual Video Cards 150 2,400 N Needed for paperless courts rollout in Probate County Clerk Escrow 532.4031.94085 18 19" Monitor 160 2,880 N Needed for paperless courts rollout in Probate County Clerk Escrow 532.4031.94085 3 Zebra GK420 Printer 450 1,350 N Needed for paperless courts rollout in Probate

Within Budget 105.2530.2090 Mid-high Volume, Cross-cut Shredder 1,088 1,088 R Needed to replace a broken shredder at RB3 Within Budget 105.2530.2090 Low-:tvlid Volume Fax Machine 762 762 R Needed to replace broken fax machine at RB3

DDA Funds 120.4608.2230 High-back Executive Chair 500 500 N Needed for Judge's chambers DDA Funds 120.4430.2230 All-in-One Copier Fax Printer 500 500 N Needed for Judge's chambers DDA Funds 120.4430.2230 High-back Chair 193 193 N Needed for the Judge's courtroom

Unallocated Reserves 120.3340.8640 Cooper Internal Notification System 33,900 33,900 N Needed for emergency notification Within Budget 120.3342.2590 Pump Repair - Parts and Labor - Engine 33 6,856 6,856 N Needed repair for Engine 33 pump Within Budget 120.3342.2590 Shop and Freight Charges for Pump Repair 383 383 N Needed repair for Engine 33 pump

Special Inventory Fund to Reconfiguration of cubicles \Vill provide a better reimburse Unallocated 120.1035.8610 10 Cubicles and Reassembly of a four-p!ex cubicle 1,900 1,900 R work area for employees in administrative area of

Reserves Tax Office

Runner Permit Fund - to Improvement to expand collntcrtop and provide

reimburse Unallocated 120.1035.8610 Construction 4,417 4,417 R Funds

ADA accessibility

Runner Permit Fund _ to Improvement to expand countertop and provide

reimburse Unallocated 120.1035.8610 Plumbing Materials 3,017 3,017 R Funds

ADA accessibility

Special Inventory Fund to reimburse Unallocated 120.1035.8610 9 Lateral File Cabinets 273 2,457 N Needed to provide additional storage for files

Reserves

Special Inventory Fund to reimburse Unallocated 120.1035.8610 Steel Bookcase 80 80 N Needed to provide additional storage for files

Reserves

Within Budget - Supplies 120.2050.2080 Professional Dues Renewal for Fred D. Burrell 100 100 N Renewal of dues for District TCAAA

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