COURT ORDER ORDER NO - Dallas CountySep 25, 2012 · COURT ORDER ORDER NO: ----~~~~~-DATE:...

COURT ORDER

ORDER NO: ----~~~~~-

DATE: September 25,2012

STATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas County, Texas held on the 25th

day of September, 2012 on motion made by Dr. Elba Garcia, Commissioner of District 114

and seconded by Mike Cantrell, Commissioner of District 112 , the following --------------~-------------------

order was adopted:

WHEREAS, it is determined that certain procedures must be followed with regard to Dallas County Funds

WHEREAS, this action supports Vision 1 of Dallas County's Strategic Plan, and

IT IS HEREBY ADJUDGED, DECREED, AND ORDERED by the Dallas County Commissioners Court that the Dallas County Treasurer is hereby authorized to transfer funds and/or issue the described Dallas County checks and authorized Payroll Direct Deposits, as well as other checks herein described, for the period October 1,2012 through October 31,2012:

• Bi-weekly payroll for October 12,2012, and Octobcr 26, 2012. • Payroll for Election workers.

FURTHER, the issuance of individual checks for replacement of Commissioners Court approved lost, stolen, stop payment, or incorrect payroll check(s) or payroll Direct Deposit due to a specific mistake by the County Treasurer, County Auditor, or Data Services Department, only; refunds on erroneous deductions made during a previous pay period; specified legally required payroll checks for fonner employees of Dallas County and workers compensation payments as agreed by the County Treasurer and County Auditor; reimbursement ofthe Dallas County Tax Collector for funds transferred to the Dallas County Treasurer for tax payments which were overestimated and/or not due to Dallas County; transfer of funds wire transferred to Dallas County which were inadvertently placed in incorrect funds; transfer of funds and electronic wire transfer and/or check payments of mandated State Reports; and the transfer offunds for payment for Elections is hereby approved for the period of October 1,2012 through October 31, 20J2.

FURTHER, the issuance of individual checks to correct emergency Dallas County internal deposit errors as mutually agreeable between the County Treasurer and County Auditor; Dallas County Tax Spreads between meetings of the Commissioners Court as deemed mutually neccssary and agreeable between the County Treasurer and County Auditor; withdrawals and subsequent transmittal of said same funds for Dallas County obligations for: Internal Revenue Servicc; Social Security System; Texas County and District Retirement System; Texans Credit Union; Dallas County Sheriff's Association; Public Employee's Local #2444; Dallas Sheriff's Union; Nationwide Retirement Solutions, Inc.; Standard Insurance of Oregon; Dallas County Employees' Benefit Trust; Child Support payments from Dallas County employees as per official Court Order; Child Support payments from Dallas County employees to the Dallas County Child Support Payment Department; Electronic wire transter and/or check payments for all debts and obligations for all Bond Funds to Depository Trust Company, Chase Bank of Texas, NA or Comerica Bank are hereby authorized for the period of October 1, 2012 through October 31, 2012.

FURTHER, all above items are hereby approved by this Court on the basis that they will be formally approved at the next formal meeting of the Court following issuance of said items.

DONE IN OPEN COURT THIS THE 25th

day of September'1112

Ii ,.,/ ..... "'---

•

,--. ..-/'~'i~::t:~ Mike Cantrell, Comm. Dis!. #2 Dr. Elba Garcia, Comm. Dis!. #4

RECOMMENDED FOR APPROVAL:

Joe Wells,

COURT ORDER

ORDERNO ______________ _


STATE OF TEXAS

COUNTY OF DALLAS

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

25 th day of September, 2012 on motion made by Dr. Elba Garcia, Commissioner District 114

and seconded by Mike Cantrell, Commissioner District 112

was adopted:

, the following order

WHEREAS, it is determined that certain procedures must be followed with regard to Dallas County Funds.


IT IS HEREBY ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners Court that it does hereby formally approve and accept the attached copy of the Monthly Report of the County Treasurer for the one month ending August 31,2012, and hereby orders that the attached summarized copy of said Report be published in accordance with State Law.

DONE IN OPEN COURT this 25th day of September,

M"~'CO_m~~

Mike Cantrell, Comm. Dis!. #2


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

1/

DALLAS COUNTY TREASURER FINANCIAL REPORT

AUGUST 2012

In accordance with Section 114.026 of the Texas Local Government Code, report is hereby made of changes in the financial position of Dallas Counly, Texas as of August 31, 2012. Said report has been approved by the Dallas County Commissioners Court and filed with the Dallas County Clerk in accordance with the State Statutes.

I. FUND ACTIVITY*

General Fund Interest & Sinking Bond Fund Special & Trust Fund

Total

General Fund Interest & Sinking Bond Fund Special & Trust Fund

Total

II. INVESTMENT OF FUNDS*

Direct Repurchase Agreements Depository Interest Account Poot Investment Federal Agencles Coupon Securities

Total

III. INTEREST EARNINGS* General Fund Interest & Sinking Funds SpeCial, Trust and Other Funds Employee Benefits Trust Fund

Total

V. PLEDGED COLLATERAL FOR COUNTY FUNDS

Pledges for C.D.'s and Demand Dep" Bank of America (Market Value) Pledges for Pool Investment! Repurchase Pledges for U, S. Government! Other Securities (Market Value)

Total

VI. 80NDED INDEBTEDNESS

Balance as of July 31, 2012 Principal Payments August 2012 Interest Payments August 2012

Total Principal and Interest August 31, 2012

AUGUST 2012 RECEIPTS

$558,676,872.23 $963,502,812.92 $264,550,206.82 $792.020,952.11

$2,578,750,844.08

AUGUST 2012 DISBURSEMENTS

$599,943,911.09 $956,682,235.20 $264,560,129,84 $793,241,385.43

$2,614,427,661.56

AUGUST 2012 $301,418.56

$2,636.96 $10,438.55

$98.28

$314,592.35

* Total is net of funds collected by Tax Collector for local governmental agencies other than Dallas County.

Attest:

Clerk of the Commissioners Court Dallas County Treasurer

Date: September 19, 2012

AUGUST 2011 RECEIPTS

$1,141,661,318.56 $1,037,494,929.01 $1,608,461,096.37

$569,668.486.40

$4,357,285,830.34

AUGUST 2011 DISBURSEMENTS $1,174,164,485.95 $1,037,155,715.76 $1,607,975,782.62

$568,971.439.57

$4,388,267,423.90

YTD TOTAL

$50,422,042.00 $49,900,000.00 $56,951,287,00

$315,077,523.94

$472.350,852.94

YTD TOTAL $4,645,385.30

$61,350.44 $157,322.71

$816,61

$4,864,875.06

AUGUST 2012

$65,720,232.66 $108,509,820.59 $312,643.429.58

$186,873.482.83

$164,379,396,87 $17,910,000.00 $3,079,703.12

$143,389.693.75

MONTHLY REPORT

OF THE

DALLAS COUNTY TREASURER

FOR THE MONTH ENDED

August 31,2012

Joe Wells, CCT, CIO

COUNTY TREASURER

TABLE 0.1<' CONTENTS

Letter of Transmittal

Dallas County Treasurer Funds Invested (as of August 31, 2012) Dallas County Treasurer Funds Invested for Fiscal Year to Date

Interest Earned for Dallas County Accounts

Dallas County Outstanding Fund Investments

Collateral Pledges for County Fund

Summary of Bonded Debt

Monthly Bank Earnings Credits - Bank of America

Funds Received from Various Sources

Monthly Jury Donations Analysis Report

Dallas County Employee Benefits Trust Report

Dallas County, Texas Deferred Compensation Plan (Nationwide Retirement Solutions, Inc.) & (Great West) - Quarterly Investment Activity

PARS - County of Dallas Alternate Retirement System - Statement of Plan Account

Bond LogistiX, LLC Dallas County Arbitrage Rebate Summary

Registered Indebtedness of Dallas County

Bank of America/Dallas County A TM Activity Report

Summary and Detail of Changes in County Funds Bank of America

Operating and Interest and Sinking Funds

Bond Funds

Special and Trust Funds

2

3

4-7

8

9

10

11

12

13

14-15

16

17-18

19

20

21

22

23-24

25-27

TABLE OF CONTENTS (Continued)

Quarterly Investment Report for period April I, 2012 through June 30, 2012 28

Court Order for Stale Dated checks for period July 1, 2010 through December 31, 2010 29

Briefing regarding implementation date for JP Morgan Chase Merchant Services contract 30

DALLAS COUNTY

JOE WELLS COUNTY TREASURER

September 25,2012

Honorable Commissioners Court Administration Building, 2nd Floor 411 Elm Street Dallas, Texas 75202-3309

Honorable Members of the Court:

Submitted herewith in compliance with Section 114.026 of the Local Government Code of the State of Texas is the Monthly Report of cash receipts and disbursements of Dallas County funds for the one month ending August 31, 2012, and monthly claims report in accordance with records developed, received, and maintained by the Office of Dallas County Treasurer.

In accordance with State Law, the books, and accounts of the County Treasurer are available to the Commissioners Court for inspection and examination, as desired.

This Report is tiled with the Commissioners Court, County Clerk, and County Auditor. A copy is also provided to the County Budget Officer.

Sincerely,

Joe County Treasurer

JW:blm

303 RECORDS BUILDING 509 MAIN STREET DALLAS, TEXAS 75202 (214) 653·7321 J [email protected]

CERDFIED COUNTY TREASURER (CCT) • CERTIFIED INVESTME;'IIT OFFICER (CIO)


All Funds Invested as of August 31, 2012

Tex Pool Prime

Tex Pool 4%

Direct Repo 11%

Depository Account

11%

GSEAgency Bonds 66%

All Funds Invested for Fiscal Year to Date

11%

Tex Pool 6%

Direct Repo 19%

GSEAgency Bonds 55%

TOTAL DALLAS COUNTY FUNDS INVESTED AS OF AUGUST 31, 2012

WEIGHTED AVERAGE INTEREST RATE FOR AUGUST 2012

WEIGHTED AVERAGE INTEREST RATE FOR FISCAL YEAR TO DATE

WEIGHTED AVERAGE MATURITY AT AUGUST 31, 2012

Depository Account

9%

* Total is net of funds collected by Tax Collector for local governmental agencies other than Dallas County

$472,350,852.94*

0.97%

1.25%

508 days

DALLAS COUNTY n{EASURF:R'S REPORT ON INTEREST EARNINGS ON COeJ\'TY FUNDS

FOR THE MONTH OF AUGUST 2012 AND FY 2012

i 20 GenerGi Fund

124 & 125 Jury Fund

128 Community Correction Fund

130 Election Fund

166 State Repons Fund

168 Historicl1i Commission Fund

169 Historical Exhihit Fund

205 Debt Retiremcnt Fund

210 Arbitrage Rebate Fund

414 Unlimited Tax Road Bonds 1995

415 Limited Penn, li-npl'ove. 1995A

416 Comb, Tax & Revenue 1995B

417 Comb. Tax & Revenue 1996 418 Unlimited Tax Road Bonds 1996 423 Comb. Tax & Revenue 1998

424 l;nlimited Tax Road Bonds 2000

427 Unlimited Tax & Ref. Bonds 2001

430 Parking Garage Fund 2004

433 Tax Notes Series 2011

467 HUD Section 8 Fund

470 Lavv' Library Fund

471 Appellate Justice Fund

481 Bond Fund 1988A

482 !Jerm. Impl\wement 1988B

490 Ruad Bonds 198:;

491 Perm, Impl'ovement 1985

492 Road Bonds 1992A

493 Penn, Improvement 199213

494 Road Bonds 1977 A

500 Payroll Fund

501 County Clerk Special Fund

503 District Clerk Special Fund

505 SherifI' Special Fund

535 - 547 District Attorney Special Funds

537 Youth Village FLind

570 I-lousing Finance Corp 1993

571 !--Iousing Finunce Corp 1994

Tax Office Funds

Employee Benefit

Totnl

AUGUST 2012

$]01,418,56

$19,08

$1,440.26

112.50

5\268.92

$2.05

$91.16

$2,636,96

10.03

$6,92

$7292

$0,00

SO.OO

$4.33

10.00

$0.00

$729.72

$0.00

$0,00

$1,058.49

$29.59

$55,96

$14,()O

$10.42

$21.04

SO.OO

$13.52

$59.99

50.00

55,11

$331.59

SO,OO

$17,85

5219,05

$0.10

$0,64

$0.16

55,953.15

598.28

$3141592,35

FY '11 ACCRUED INTEREST REPORTED SEPTEMBER 2011

FY 2012

YTDTOTAL

54,645,385.30

$163,93

$! 4,692.60

$84.90

$4,261.97

$17.34

$701.60

$61,350.44

SO.33

5143,42

$647,87

50,00

SO,OO

$242,18

5\0,00

$1,387.84

$6,507.66

$0.00

$12,710.82

$9,738.84

5240.96

5530.51

5277.20

592.47

5229,73

SO.OO

SI82,77

5533,16

S 136.58

$67.49

$3,383.73

$0.00

$161,03

$2,068.37

$ UJ9

$21,70

$499.32

97,595.30

$816,61

$41864)875.06

YEAR TO DATE COMPARISO]\i OF lNTEREST EARNINGS FOR FY' 2012 AND FY' 2011

FY' 2012 FY' 2011

October $424,808,76 S 153,907.55

~()vember $280,285,52 $346,087.01

December $396,365,5:; $272,677.72

January $462,271,97 5303,887.64

February $:;79,249.42 $290,806,06

rvlal'ch $3(jS,664,52 $273,685,01

April 5475,466.10 $455.20!.81

May $615,785.73 $357,941,66

June $455,378.39 5358,115.61

July $46:;,006.75 $739,256,65

August $314,592.35 $781,277,62

September

Total $4,864,875.06 S~~2,84~.34

AUGUST 2011

$638,380.30

S 13.28

$!,120.95

$4.48

$1,493,27

$1,22

$84,12

$128,783,09

$0,04

$104,23

545,84

$0,00

$0,00

$248.93

$0.00

$413.91

5486.16

$0.00

$4,082.67

$677,65

S10.n

536,86

$196.44

$6j5

$65,10

$O,(}O

$8l,2:\

$37,72

$81.27

$3.18

$94.15

$0.00

$1 i .57

S287.73

SO.11

$4.74

S 131.71

4,207.90

$72.30

5403,774,j6

DIFFEHENCE $270,901.21

($65,801.49)

$123,687.83

SI58,384.33

$288,443.36

$121,979.51

$20,264.29

$257,844_U7

$97,262_78

($274,249,90)

($46(),685,27)

59.:9.2

FY 2011

YTDTOTAL

$3,905,474.76

$165.71

$16,074.44

$80.25

S8.332.59

516.62

$896.60

$143,874,22

$1,3911.93

$1,9116,06

$61 ().40

SO.OO

SO.OO

$4,796.94

SO.DO

$7,461.42

$9,096.87

SO,OO

$11,609,97

59,255.43

$256,18

$700,95

$3,985.45

$88.45

5H7 l) .. "i7

$0,00

51,123,11

$492.66

$\,189.83

$76.57

$7,398.16

SO.OO

$391.67

$7,~W6.67

$1.27

$61.00

$1,503_65

\ 81,149.04

$±c:?2Y·90

$4,3321844.34

DALLAS COUNTY OUTSTANDING FUND INVESTMENTS

AS OF AUGUST 31, 2012

FUND INVESTMENT MATURITY NUMBER INVESTMENT INTEREST

DATE DATE OF DAYS AMOUNT RATE

DEPOSITORY INTEREST ACCOUNT AT BANK OF AMERICA

120 08/31112 09/04112 4 49,900,000.00 0.40%

TOTAL DIA ACCQ{)NT $49,900,000.00

FEDERAL AGENCY COUPON BONDS *

120 04/20109 09/20/12 1249 4,385,900.28 0.83%

120 03/21111 09/20112 549 452,138.33 0.94%

120 08/25111 10/25112 427 4,286,060.76 0.95%

120 04/27/09 12/25/12 1338 2,395,531.42 0.80%

120 12/04/09 12/25112 1117 1,151,063.58 1.85%

120 03/26/09 12/28112 1373 4,349,282.84 2.63%

120 03111/09 01125/13 1416 370,939.31 2.98%

120 03117/09 02/01113 1417 306,139.95 3.51%

120 03/17/09 02/01113 1417 287,297.19 3.51%

120 04/24/09 04/01113 1438 286,985.34 2.04%

120 01/20109 06/01113 1593 91,499.41 2.41%

120 02/10112 07/08/13 514 3,179,813.33 0.26%

120 02/06/12 08/02113 543 5,000,000.00 0.25%

120 02/09112 08/09113 547 10,000,000.00 0.25%

120 06113112 08115113 428 10,009,877. 78 0.27%

120 05/29/12 08128113 456 5,019,129.44 0.29%

120 01120109 09/01113 1685 37,905.82 2.48%

120 02/22/10 09/01113 1287 802,367.46 2.73%

120 01109/12 09/06/13 606 15,276,496.88 0.42%

120 03/20109 10101113 1656 131,020.14 2.45%

120 0211711 0 10/01/13 1322 296,909.32 1.06%

120 03/20109 10115/13 1670 103,616.55 2.65%

120 10112/11 10115113 734 4,984,881.25 0.53%

120 03/15/12 10115113 579 5,007,012.50 0.39%

120 01/26/09 11/01113 1740 124,380.25 2.49%

120 01130109 11101113 1736 211,708.00 2.50%

120 0211711 0 11101113 1353 121,837.50 1.10%

120 06/22/12 11114113 510 9,995,725.56 0.33%

120 01120109 12/01113 1776 258,194.07 2.53%

120 05/08112 12/03113 574 9,998,902.78 0.30%

120 01107111 12123113 1081 9,933,888.89 1.24%

120 01126/09 01/01114 1801 338,673.65 2.14%

120 03117/09 02/01114 1782 70,933.12 2.64%

120 02/29112 02/24/14 726 10,000,520.83 0.37%

120 03117/09 03/01114 1810 159,699.47 2.58%

120 03122112 03112114 720 4,995,881.94 0.46%

120 05/10112 04/23114 713 9,998,605.56 0.36%

120 03116110 05/01114 1507 335,245.06 1.26%

120 03116110 06/01114 1538 696,592.43 1.42%

120 06/06/12 06/06/14 730 10,000,000.00 0.42%

120 06/07112 06/06114 729 10,000,116.67 0.42%

120 05/23112 06113114 751 10,539,511.11 0.41%

120 10/14111 08115114 1036 512,555.73 0.57%

120 03119112 09119114 914 4,999,250.00 0.51%

120 06128112 09/19/14 813 3,008,835.00 0.43%

120 06/29112 09/22114 815 4,369,139.64 0.41%

120 08/05111 10/24114 1176 525,643.15 0.82%

120 01131/12 10/27114 1000 5,000,050.00 0.54%

120 02/07112 11/07114 1004 5,000,000.00 0.42%

120 05/21112 11121114 914 10,000,000.00 0.50%

120 04111111 12115114 1344 1,172,645.53 0.91%

120 08/01111 12115114 1232 308,710.68 0.98%

120 01/06/12 01/06/15 1096 5,000,000.00 0.78%

120 02/08111 03115115 1496 2,894,194.40 1.00%

120 12116111 04/20115 1221 705,587.76 0.92%

120 07/24/12 04/24115 1004 20,000,000.00 0.45%

120 01127112 04127115 1186 10,000,000.00 0.64%

120 06/17111 05/15115 1428 677,075.64 1.06%

120 06/20112 06/12115 1087 5,347,911.58 0.54%

120 11128111 07/15115 1325 614,787.67 0.75%

120 11115/11 07/28115 1351 991,172.64 1.40%

120 11104111 10/09115 1435 2,164,036.44 1.50%

120 10/21111 10/21115 1461 5,000,000.00 1.05%

120 07/23112 03/23/16 1339 20,000,000.00 0.63%

120 05/02112 04/04116 1433 6,031,606.67 0.61%

120 08/09112 07/26/16 1447 10,002,888.89 0.80%

120 02/28/12 09/25/16 1671 1,259,146.75 1.05%

120 01118112 01118117 1827 5,000,000.00 1.50%

120 01125112 01125117 1827 10,000,000.00 1.13%

120 02/08/12 02/08/17 1827 8,500,000.00 1.34%

TOTAL FEDERAL AGENCY COUPON BONDS $315,077,523.94

TEXPOOL INVESTMENT

501 08/31/12 09/04112 4 3,000,000.00 0.1358%

501 08/31112 09/04112 4 15,358,393.00 0.1358%

505 08/31/12 09/04112 4 160,000.00 0.1358%

535 08/31/12 09/04/12 4 269,203.00 0.1358%

540 08/31112 09/04112 4 269,203.00 0.1358%

541 08/31112 09/04/12 4 412,178.00 0.1358%

542 08/31/12 09/04/12 4 31,860.00 0.1358%

545 08/31112 09/04112 4 46,473.00 0.1358%

547 08/31/12 09/04112 4 121,460.00 0.1358%

TOTAL TEX POOL INVESTMENT 519,668,770.00

TEXPOOL PRIME INVESTMENT

424 08/31/12 09/04/12 4 2,989,797.00 0.16%

433 08/31112 09/04112 4 33,074,960.00 0.16%

494 08/31/12 09/04112 4 204,663.00 0.16%

570 08/31112 09/04/12 4 46,412.00 0.16%

571 08/31112 09/04/12 4 966,685.00 0.16%

TOTAL TEXPOOL PRIME INVESTMENT $37,282,517.00

REPURCHASE AGREEMENT

124 08/31112 09/04/12 4 20,631.00 0.22%

125 08/31/12 09/04/12 4 102,494.00 0.22%

128 08/31112 09/04/12 4 5,888,417.00 0.22%

130 08/31/12 09/04/12 4 62,849.00 0.22%

166 08/31/12 09/04112 4 2,282,062.00 0.22%

168 08/31112 09/04112 4 11,441.00 0.22%

169 08/31112 09/04/12 4 457,996.00 0.22%

205 08/31112 09/04112 4 3,457,412.00 0.22%

414 08/31112 09/04112 4 42,705.00 0.22%

415 08/31/12 09/04112 4 449,338.00 0.22%

418 08/31112 09/04112 4 26,841.00 0.22%

427 08/31112 09/04/12 4 4,498,635.00 0.22%

467 08/31/12 09/04112 4 4,777,878.00 0.22%

470 08/31/12 09/04/12 4 187,902.00 0.22%

471 08/31/12 09/04112 4 249,770.00 0.22%

481 08/31/12 09/04112 4 86,302.00 0.22%

482 08/31112 09/04112 4 64,134.00 0.22%

490 08/31112 09/04112 4 129,733.00 0.22%

492 08/31/12 09/04112 4 83,162.00 0.22%

493 08/31/12 09/04112 4 369,810.00 0.22%

500 08/31/12 09/04112 4 51,056.00 0.22%

710 08/31/12 09/04112 4 12,157,802.00 0.22%

715 08/31112 09/04112 4 6,682,012.00 0.22%

718 08/31/12 09/04/12 4 8,281,660.00 0.22%

TOTAL DIRECT REPURCHASE AGREEMENT $50,422,042.00

DALLAS COUNTY TOTAL INVESTMENTS: $472,350,852.94

* Depending on Bond Type, Maturity, Pricing and Calls, Agency Bonds Interest Yield

may vary.

DALLAS COUNTY COLLATERAL REPORT

The Dallas County Investment Policy states that "the market value of the Investment Security securing the deposits of public funds for Dallas County shall be in an amount at least equal to 102% of the amount of the deposits of public funds increased by the amount of any accrued interest and reduced to the extent that the deposits are insured by an agency or instrumentality of the United States Government." As of August 31, 2012, Bank of America placed $65.720,232.66 market value in Government Sponsored Enterprise, GSE, securities at the Federal Reserve Bank of Dallas to collateralize bank balances. Dallas County may also invest in TexPool as authorized in the Dallas County Investment Policy. TexPool is an authorized public funds investment pool under the "Public Funds Investment Act" chapter 2256 of the Texas Government Code. As of August 31, 2012, Dallas County had $56.951,287.00 on deposit with TexPool.

Bank balances, CD's, REPO verses Collateral Held by a third party for Dallas County

As of August 31, 2012

Cost Plus Market Value Percent of Accrued Interest Pledge Securities Market Value

Less FDI C Insurance

Bank of America $62,613,240.24 $65,720,232.66 105%

Direct Repurchase Agreement $50,422,042.00 $51,558,533.59 102%

Total Collateralized Holdings $1 13,035,282.24 $117,278,766.25

Marketable Securities Held by State Street Bank and Trust Co. N.A. For Dallas County

As of August 31, 2012

GSE Bonds $3 I 5,077,523.94 $312,643,429.58

Total Securites $315,077,523.94 $312,643,429.58


SUMMARY OF BONDED DEBT

AUGUST 31, 2012

PAYMENT

YEARS PRINCIPAL INTEREST TOTAL

2012 $0.00 $0.00 $0.00

2013 $20,075,000.00 $5,385,506.25 $25,460,506.25

2014 $20,630,000.00 $4,477,656.25 $25,107,656.25

2015 $21,110,000.00 $3,642,143.75 $24,752,143.75

2016 $19,855,000.00 $2,736,012.50 $22,591,012.50

2017 $12,395,000.00 $1,823,937.50 $14,218,937.50

2018 $11,010,000.00 $1,200,837.50 $12,210,837.50

2019 $4,265,000.00 S816,587.50 $5,081,587.50

2020 $4,305,000.00 $613,237.50 $4,918,237.50

2021 $2,700,000.00 $391,262.50 $3,091,262.50

2022 $1,180,000.00 $269,575.00 $1,449,575.00

2023 $1,265,000.00 $209,100.00 $1,474,100.00

2024 $1,360,000.00 $144,268.75 $1,504,268.75

2025 $1,455,000.00 $74,568.75 $1,529,568.75

Total $121,605,000.00 $21,784,693.75 $143,389,693.75

MONTHLY EARNINGS CREDITS ANALYSIS REPORT FOR FY 2012

BANK OF AMERICA

AUGUST 2012

EXPlcNSES !eXPENSES PAID

MONTHS REIMBURSED DIRECTLY CREDITS FAV.(UNE'AV.)

+ BALANCE FORWARD $0.00

AUGUST $41,689.72 0.00 $10,690.13 (530,999.59)

SEPTlcMBER $44,154.99 D.OO $10,109.37 ($65,045.21)

OCTOBER $41,962.70 0.00 $9,696.54 ($97,311.37)

NOVEMBER 552,467.19 0.00 $11,947.63 ($137,830.93)

DECEMBER $46,249.32 0.00 510,404.75 ($I73,675.S0)

JANUAHY $48,830.70 0.00 59,OS7.! 1 ($2 !3,449.(9)

FEBRUARY $83,482.32 (l.O() 5221,412.53 (S75,518.88)

MARCH $63,192.77 0.00 $8,583.24 ($130,128.41)

APRIL $66,109.58 0.00 $9,573.55 ($186,664.44)

MAY $94,346.Il 0.00 $9,73Ull ($271,279.54)

JUNE 570,448.94 0.00 $10,616.79 ($331,111.69)

JULY $59,513.48 0.00 $9,393.61 ($381,231.56)

AUGUST S63,525.62 0.00 $17,039.41 ($427,717.77)

Un-audited

Year settlement, with reimbursement after 1st 6 months of the new contract.


FUNDS RECEIVED FROM VARIOUS SOURCES

MONTH OF YEAR-TO-DATE SOURCE AUGUST 2012 FY'12

Mixed Beverage Tax $0.00 $9,112,181.29

Earnings Credit Payments from Depository Bank $-0- $-0-

Fees From Deferred CompProviders $500.00 $4,500.00

Admission Fees from Lone Star Raee Track $4,434.60 $38,140.65

Fees of OfTice ii:om State Remittances $343,174.62 $1,504,866.20

Bingo Tax $180,305.01 $561,129.08

Located Funds Collected on behalf of DaUas County $-0- $-0-

Returned Check Fees $540.00 $7,463.95

Stop Payment Fees $160.00 $1,820.00

Copy Fees $14.00 $397.80

Notary Fees $840.00 $7.459.QO

TOTAL ti29,968.23 ~11 ,231,257·92

303 RECORDS BUILDING • 509 MAIN STREET • DALLAS, TEXAS 75202 • (214) 653-7321 • [email protected]

CERTIFIED COUNTY TREASUREI{ (eeT) • CERTIFIED INVESTMENT OFFICER (00)


MONTHLY JURY DONATIONS ANALYSIS REPORT FOR FY'12

AUGUST 2012

Effective November 17,1989, the Dallas County Commissioners Court in Conjunction with the Dallas County District Judges approved the establishment of the Dallas County Jury Fund Juvenile Department Program which allows Dallas County Jurors to check a box on their Jury Service Notification Form which provides for their daily $6.00 jury payment to be donated directly to the Dallas County Juvenile Department and its programs. Effective March 5, 1991, the Dallas County Commissioners Court amended the previous policy to allow donated monies to be distributed at the rate of 90% for Juvenile Department and 10% for purchase of Holiday gifts for children in Foster Care.

MONTH NUMBER OF DONORS AMOUNT OF DONATIONS

OCTOBER '11 2776 $23,960.00

NOVEMBER '11 2011 $16,236.00

DECEMBER '11 2212 $17,635.00

JANUARY '12 1241 $11,984.00

FEBRUARY '12 3613 $31,256.00

MARCH '12 2302 $23,209.00

APRIL '12 2366 $20,027.00

MAY '12 3326 $27,723.00

JUNE'12 1990 $17,062.00

JULY '12 1840 $18,287.00

AUGUST '12 2569 $24,516.00

SEPTEMBER '12

TOTAL 26,246 $231,895.00

DALLAS COUNTY EMPLOYEE BENKFITS TRUST

Activity for the Month of August 2012

BEGINNING TRUST BALANCE as of August 1, 2012

RECEIPTS

Employer Contribution

Employee Contribution

Interest

Net Change in Accrued Income

Other Cash Receipts

Unrealized Gain/Loss

TOTAL RECEIPTS

DISBURSEMENTS

Benefit Payments

Administrative Expense

Real Estate & MIA Expense

Other Expense

Other Cash Disbursements

TOTAL DISBURSEMENTS

ENDING TRUST BALANCE as of August 31, 2012

51,577,688.74

5.500.000.00

1,071.65761

98.28

1988

126.630.95

(l u

7,898,.j06.72

5,022299.51

999,827.80

258.678.10

30.418.95

o

6,311,224.36

$3,,1 6cj,871.l ()


DALLAS COUNTY DEFERRED COMPENSATION PLAN

INVESTMENT ACTIVITY FOR

NATIONWIDE RETIREMENT SOLUTIONS

QUARTER ENDING June 30, 2012

*UNAUDITED*

ACCUMULATION PAYOUT TOTAL BEGINNING INVESTMENT BALANCES $ 64,708,397.43 $ 391,055.00 $ 65,099,452.43

CONTRIBUTIONS $ 1,296,675.91 $ 0.00 $ 1,296,675.91

TRANSFERS IN $ 467,125.30 $ 0.00 $ 467,125.30

INVESTMENT INCOME $ (1,027,297.08 $ 8,175.16 $ (1,019,121.92

WITHDRA WALS $ (918,973.44 ) 0.00 $ (918,973.44)

TRANSFERS OUT $ (265,057.11 ) $ 0.00 (265,057.11 )

WITHDRA W AL CHARGES $ 0.00 $ 0.00 $ 0.00

ANNUITY PURCHASES $ 0.00 $ 0.00 $ 0.00

ANNUITY BENEFIT PAYMENTS $ 0.00 $ (18,717.16) $ (18,717.16)

ADMINISTRA TIVE FEES $ (6,950.00) $ 0.00 $ (6,950.00)

ASSET FEES $ (11,320.36) $ 0.00 $ (11,320.36)

LIFE INSURANCE, POSTED ONLY $ (15.813.93) ~ __ 0,00 $ (15,813.93)

ENDING INVESTMENT BALANCE $ 64,226,786.72 $ 380,513.00 $ 64,607,299.72 LIFE INSURANCE POLICY HOLDER ACCOUNT VALUE $922,729.53 LOAN BALANCE: $1,491,869.95 SELF DIRECTED BROKERAGE: $0.00 THIRD PARTY ADMINISTERED: $0.00 NOTE: Contribu1ions include payrofls received and processed. and incoming plan-lo*plan tramjers. Payrolls received after the end oJthe quarter will appear on Ihe next

quarter's report, unaudited

303 RECORDS BUILDING • 509 MAIN STREET • DALLAS, TEXAS 75202 • (214) 653-7321 lcwe!ls@da!1ascounty.org

CERTIFIED COUNTY TREASURER (CCT) • CERTIFIEI) INVESTMENT OFFICER (CIO)

DALLAS COUNTY DEFERRED COMPENSATION PLAN

INVESTMENT ACTIVITY FOR

GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY

QUARTER ENDING June 30, 2012

ACCOUNT BALANCE APRIL 1,2012 171,720.78

BEGINNING BALANCE TRANSFERS IN INTEREST/DIVIDENDS CHANGE IN VALUE TRANSFERS OUT

ACCOUNT BALANCE AS OF 6/3012012

171,720.78 -0-

407.13 (586.84)

-0-

$171,541.07

303 RECORDS BUILDING • 509 MAIN STREET • DALLAS, TEXAS 75202 • (214) 653·7321 • [email protected]

CEnTlFIEO COUNTY TREASURER (CeT) • CERTIFIED INVESTMENT OFFICER (CIO)

PUBLIC AGENCY

RETlREMENT SERVICES RS

Making retirement work for you.

COUNTY OF DALLAS ALTERNATE RETIREMENT SYSTEM PLAN

JOE WELLS COUNTY TREASURER COUNTY OF DALLAS 509 MAIN ST., #303 RECORDS BUILDING DALLAS, TX 75202

VALUATION FOR THE MONTH ENDING 7/31/2012

BEGINNING BALANCE TRANSFERS IN CONTRIBUTIONS EARNINGS EXPENSES DISTRIBUTIONS TRANSFERS OUT

CURRENT PERIOD

550,895.62 8,039.43 6,693.38

558.60 45.23

1,416.89 8,039.43

BALANCE AS OF 7/31/2012 556,685.48 ===============

IMPORTANT INFORMATION

Statement of Plan Account for the Period

7/01/2012 to 7/31/2012

PLAN ID: QD-ARS06A

Contributions are applied to your plan account based upon the data received from your agency by our office, and confirmed by actual deposits made to the PARS Trust based upon reports we receive from Union Bank, the PARS Trustee. Contributions will be listed on this statement only if these deposits were received in the PARS Trust during the valuation month for which this statement covers.

It is not the responsibility of PARS to monitor the timeliness of your agency's plan contributions. If there exists any discrepancies between the data received from your agency and the actual deposits made into the PARS Trust, we will attempt to reconcile those discrepancies prior to the monthly valuation of the plan. In certain cases there may be a need to delay the monthly valuation of the plan in order to further investigate those discrepancies, which may involve contacting your agency for more information. If there are material discrepancies your agency will be notified as soon as possible. Please call Michael Hambel at (800)540-6369 x125 if you have any questions.

PARS is not licensed to provide and does not offer tax, accounting, legal or actuarial advice.

Prepared by PARS on 9/07/2012

PO Box 12919, Newport Beach, CA 92658-2919 800.540.6369 fax 949.250.1250 www.pars.org

BLX~

September 17, 2012

Mr. Joe Wells County Treasurer Dallas County, Texas 303 Records Building 509 Main Street Dallas, Texas 75202

Dear Mr. Wells:

Please find attached the August 31, 2012 estimated rebate liabilities of Dallas County. When we receive the Court Orders fnr September we will begin updating the County's liability through September 30,2012. We intend to have those numbers to you on or before October 15th, if we receive the Court Orders in a timely manner.

Thank you for the opportunity to be of service to the County. If you should have any questions, please feel free to contact me at (214) 989-2704.

Sincerely,

C)AN~~ Christi A. McKnight Associate Director

enclosure

//'BLX Group 2711 N Haskell Avenue Lockbox 35, Suite 2600 SW Dallas, TX 75204/'~h. 214-989-2700 f. 214-989-271 ?,/blxgroup,com

DaUas County, Texas

Arbitrage Rebate Summary For the Period EndingAugust 31, 2012

Issue Bond

Size Description Fund Yield

3,700,000 Comb. Tax & Revenue CO, Series 1987 6.37864%

16,420,000 Road Bonds, Series 1987A 498

54,700,000 Perm. Improvement Sonds, Series 1987S 6.95861%

54,585,000 Unlim. Tax Road Bonds, Series 1988A 481

52,355,000 Perm. Improvement Bonds, Series 19888 482

35,000,000 Ltd Tax Perm. Improve. Bonds, Series 1988C 485 Variable

3,420,000 Comb. Tax and Rev. CO, Series 1991 489 4,82650%

53,295,000 Road Imp, and Refunding Bonds, Series 1992 492

49,660,000 Perm. Imp. and Refunding Bonds, Series 1992A 493 6.12847%

58,565,000 Ud Tax Refunding Bonds. Series 1993A 410

51,775,000 Ud Tax Refunding Bonds, Series 1993B 411

4,000,000 Comb. Tax and Revenue Bonds, Series 1993C 412 4.99263%

6,590,000 Certificates of Obligation, Series 1994 413 4.50735%

34,050,000 Unlimited Tax Road Bonds, Series 1995 414 5.61000%

1,950,000 ur Permanent Improvement Bonds, Series 1995A 415 4.43380%

8,800,000 Comb. Tax and Rev. Certs, of Oblig , Series 1995B 416 4.87436%

4,170,000 Tax and Rev. Ce,lift"ales of Obligation, Series 1996 417 4.06279%


3,600,000 Tax and Rev. Certificates of Obligation, Series 1996A 419 4.53859%

36,325,000 Unlimited Tax Road Refunding Bonds, 1997 & 1997A 4.61917%

8,000,000 Tax and Rev. Certificates of Obligation, Series 19978 422 4.31918%

8,700,000 Tax and Rev. Certificates of Obligation, Series 1998 423 3.73804%


25.105,000 UfT and LfT Road Refunding Bonds, Series 2000AB 4.56920%

85,436,457 UfT and LfT Rfdg and Improvement Bonds, Series 2001AB 427 4.52789%

21,600,000 Tax Notes, Series 2003 429 2,10754%

21.600,000 Combination Tax and Parking Garage, Series 2004 430 4.64431%

24,096,552 Unlimited Tax Refunding Bonds, Series 2005 3.97782%

63,220,000 Combination Tax and Parlo;ing Garage, Series 2006 432 3.80377%

73,945,000 Unllmted Tax Refunding Bonds Series 2011 2.07002%

(1) Final Maturity 4/1 f94, no further analysis required (2) Funds spent. Negative liability (3) Final maturity 8115196, no further analysis required (4) Final maturity 2f16/01, no turtner analysis required (5) Final matur~y 9120/01, no further analysis reqUired (6) Final maturity 8/15f01, no further analysis required (7) Final maturity 8f15!02, no further analysis required (8) Final maturity 8115f03, no further analysis required

(9) Final maturity 8f15/04, no further analYSIS required (10) "inal maturity 8115/05, no turther analysis required (1 i) Final maturity 8115106, no further analysis required (i2) Final maturity 8/15107, no further analysis required. (13) Final matunty 8/15108, no further analysis required

(14) Final matunty 8115/09, no further analysis reqUired (15) Final maturity 8115/10, no further analysis required (16) Final maturity 8/15/11, no further analysis reqUired

07/31/12 08/31/12 Liability Liability

Per Issue Change Per Issue

(1) (1) (1)

NA

(2) (2) (2)

(4) (4) (4)

(3) (3) (3)

(5) (5) (5)

(14) (14) (14)

(6) (6) (6)

(10) (10) (10)

(3) (3) (3)

(7) (7) (7)

(8) (8) (8)

(12) (12) (12)

(9) (9)

(14) (14) (14)

(11) (11)

(12) (12) (12)

(15) (15) (15)

(13) (13) (13)

(16) (16) (16)

(13) (13) (13)

(621,613,83) (3,066.73) (624,680.56)

(265,357.11) (7,821.47) (273,178.58)

160,435,66 663.19 161,098.85

(645,332.23) (72,325.56) (717,65779)

161 lilHI !l;5

REGISTERED INDEBTEDNESS OF DALLAS COUNTY

AND

REPORT OF CLAIMS

August, 2012

GENERAL INDEBTEDNESS

During the month of August 2012, the County Treasurer notified a number of former Dallas County Employees regarding funds and/or property that they owed Dallas County at the time of termination.

August 2012 Indebtedness

$ 2,039.83

FY'20 12 Indebtedness Reported

$ 34,541.72

FY'00/FY20 12 Indebtedness

$ 117,639.98

August 2012

Vendor payments withheld andlor payments made due to debt owed County

August 2012 Debt Collection

$ 254.34

FY'2012 Debt Collections

$ 7,495.75

FY'00/FY2012 Debt Collected

$ 37,560.25

Balance

$80,079.73

$ 5,678.08

FY' 12 Vendor Payments withheld/debt recovered $1,299,340.01

]0] RECORDS BUiLDING 509 MAiN STREET DALLAS. TEXAS 75202 (214) 653~ 7321 • [email protected]

CERTIFIED COUNTY TREASURER (eeT) , CERTIFIED INVESTMENT OFFICER (ClO)

DALLAS COUNTY ATM ACTIVITY

AUGUST 2012

Year-to-Date Year-to-Date Location ATM No. Withdrawalsl Dollar Withdrawals Dollar

Transfers Volume Transfers Volume

Lew Sterrett Lobby 286 639 $ 48,990.00 5,225 $ 328,622.00

Lew Sterrett Booking 287 255 $ 28,900.00 1,887 $ 213,060.00

George Allen Gov. Center 276 1,179 $ 85,558.00 9,745 $ 590,733.00

Records Building 288 1,039 $ 70,700.00 6,810 $ 578,222.00

Frank Crowley Courts 277 1,768 $ 81,660.00 11,486 $ 555,291.00

Health & Human Services 427 674 $ 52,980.00 8,844 $ 337,020.00

N. O'Connor-Irving 1109 200 $ 21,120.00 2,556 $ 261,418.00

Garland Gov. Center 8776 281 $ 25,960.00 2,456 $ 279,143.00

Totals 6,035 $ 415,868.00 49,009 $ 3,143,509.00

SUMMARY OF CHANGES IN COUNTY FUNDS UNAUDITED AND UNRECONCI LED

AS OF AUGUST 3 1,2012 BANK OF AMERICA

Balances YTD FY 2012 YTD FY 2012 Balances Category Period 9/30/20 I I Receipts Disbursements 8/31/2012

Operating; $367,237,012.32

August $558,676,872.23 $599,943,91 1.09 Prior S14,98 I ,84 1,352.83 $14,912,093,297.96

Total $15,540,518,22506 $15,512,037,209.05 $395,7 I 8,028.33

Interest & Sinking: $2,258,014.33

August $963,502,8 I 2.92 $956,682,235.20 Prior $9,748,359,47 1.44 S9,749,347,140.70

Total SI0,711,862,284.36 $ 10,706,029,375.90 $8,090,922.79

Bond: $50,85 I ,655.71

August $264,550,206.82 $264,560,129.84 Prior $5,887,904,150.50 $5,896,725,796.55

Total $6, I 52,454,357.32 $6, I 61 ,285,926.39 $42,020,086.64

Special & Trust: $8 I ,656,672.79

August $792,020,952.11 $793,24 I ,385.43 Prior S6,582,002,187.13 $6,586,36 I ,175.31

Total $7,374,023,139.24 $7,379,602,560.74 $76,077,251.29

Total County Funds $502,003,355.15 $39,778,858,005.98 $39,758,955,072.08 $521,906,289.05

THIS REPORT IS FOR COMPLIANCE OF SECTION 114.026 OF THE LOCAL GOVERNMENT CODE ONl.Y

DETA[L OF CHANGES [N COUNTY FUNDS UNAUD[TED AND UNRECONC[LED

OPERATING FUNDS AS OF AUGUST 31, 2012

BANK OF AMER[CA Balances YTD FY 2012 YTD FY 20[2 Balances

No, Fund 9/30/20 II Receipts Disbursements 8/3112012

Fund Fund 00105 Road & Bridge $18,368,151.45 $34,690,532.21 $30,129,86350 $22,928,820,16 00105 Road & Bridge Investment SO,OO SO.OO $0.00 $0.00 00120 General Fund ($231,060,915.07) $7,503,355,829.07 $7,508,854,864.20 ($236,559,950.20) 00[20 General Fund Investment $323,076,369.96 $7,244,333,252.54 $7,202,853,687.02 $364,555,935.48 00[26 Permanent Improvement Fund $4,[89,030.65 $3,566,8 [2.60 $2,764,435.20 $4,991,408.05 00[26 Permanent Improvement Fund Investment SO.OO $0.00 SO.OO $0.00 00162 Alternate Dispufe Resolution $ [,447,826.49 $732,2[5.74 S322,241.41 $1,857,800.82 00162 Alternate Dispute Resolution Investment SO.OO $0.00 $0.00 SO.OO 00170 Return Check Collection ($335,541.95) $73,927.61 $93,647.84 ($355,262.18) 00190 CMAQ-Congestion,Mitigation & Air Quality $1,433,634.08 $64,127.94 $121,42632 $1,376,335.70 00190 CMAQ-Congestion,Mitigation & Air Quality Investment SO.OO $0.00 $0.00 $0.00 00195 Major Technology Fund $8,929,877.61 $29,034,887.18 $25,485,017.09 $12,479,747.70 00195 MajorTechnology Fund Investment $0.00 $0.00 $0.00 $0.00 00196 Major Pr~jects SI61,363,163.12 $187,704,047.68 $166,605,601.03 $182,461,609.77 00196 Major Projects Investment SO.OO $0.00 $0.00 $0.00 00464 Juvenile Probation Commission Fund $0.00 $0.00 $0.00 $0.00 00464 Juvenile Probation Commission Fund Investment $0.00 $0.00 SO.OO $0.00 00466 Projected Federal Grants $4,933,019.28 $110,289,498.49 $109,[20,549.65 $6,101,968.12 00466 Projected Federal Grants Investment $0.00 $0.00 $0.00 $0.00 00468 Charter School Grants $2,437,738.34 S8,650,565.55 $7,769,247.48 $3,319,056.41 00532 Escrow Fund $27,424,065.82 $37,008,820.26 $33,193,958.70 S31,238,927.38 00532 Escrow Investment Fund $0.00 $0.00 $0.00 $0.00 00704 Unallocated Tax $15,552,257.54 $381,013,708.19 $395,244,334.61 $1,321,631.12 00704 Unallocated Tax Investment $29,478,335.00 $0.00 $29,478,335.00 $0.00

Total Operating Funds $367,237,012.32 $15,540,518,225.06 $15,512,037,209.05 S395,718,028.33

rHIS REPORT IS FOR COMPLIANCE OF SECTION! 14.026 OF THE LOCAL GOVERNMENT CODE ONLY

00205 Interest & Debt Retirement Fund 00205 Interest & Debt Retirement Investment 00205 Interest & Debt Retirement lnvestment CD

Total lnt. & Sinking Funds

DETAIL OF CHANGES IN COUNTY FUNDS UNAUDITED AND UNRECONCILED

INTEREST & SINKING FUNDS AS OF AUGUST 31, 2012

$1,364.33 $2,256,650.00

$0.00

$2,258,014.33

$ I ,858,48 1,6 I 0.14 $8,853,380,674.22

$0.00

$10,711,862,284.36

THIS REPORT IS FOR COMPLIANCE OF SECTION J 14.026 OF THE LOCAL GOVERNMENT CODE ONLY

$1,858,468,281. 72

$8,847,561,094.18 $0.00

$ 10,706,029,375.90

$14,692.75 $8,076,230.04

$0.00

$8,090,922.79

DETAIL OF CHANGES IN COUNTY FUNDS

UNAUDITED AND UNRECONCILED BOND FUNDS

AS OF AUGUST 31,2012 BANK OF AMERICA

Balances YTD FY 2012 YTD FY 2012 Balances No. Fund 9/30/2011 Receipts Disbursements 8/31/2012

00414 1995 Road Bond Fund $0.43 $14,839,143.00 $14,839,142.94 $0.49 00414 1995 Road Bond Fund Investment $1,021,749.00 $14,073,624.00 $15,052,668.00 $42,705.00 00415 1995A Pennanent Improvement $0.86 $84,026,206.00 $84,026,206.00 $0.86 00415 1995A Permanent Improvement Investment $449,338.00 $86,272,896.00 $86,272,896.00 $449,338.00 00416 J 9958 Certificates of Obligation SO.OO SO.OO $0.00 $0.00 00416 19958 Certificates of Obligation Investment $0.00 SO.OO $0.00 SO.OO 00417 1996 Certificates of Obligation $0.00 SO.OO $0.00 SO.OO 00417 1996 Certificates of Obligation Investment SO.OO SO.OO $0.00 $0.00 00418 1996 Road Bond F uod $0.85 S22,166,369.35 $22,166,369.70 $0.50 00418 1996 Road Bond Fund Investment $2,440,136.00 S 19,865,450.00 $22,278,745.00 $26,84100 00423 ! 998 Certificates of Obligation SO.OO $0.00 $0.00 $0.00 00423 1998 Certificates of Obligation Investment $0.00 $0.00 $0.00 SO.OO 00424 2000 Unlimited Tax Road Bonds SO.50 SI97 ,088, I 06.42 $197,088, I 06.12 $0.80 00424 2000 Unlimited Tax Road Bnds Investment $4,308,758.00 1194,449,964.00 $195,768,925.00 $2,989,797.00 00427 200lA Unlimited Tax & Refunding Bonds SO.37 $843,116,490.00 $843,116,489.46 $0.91 00427 2001A Unlimited Tax Bonds Investment $4,765,845.00 $865,342,455.00 $865,609,665.00 $4,498,635.00 00432 2006 Certificates of Obligation & Revenue $0.00 SO.80 $0.80 $0.00 00432 2006 Cert. of Obligation & Revenue Investment $0.00 $0.00 $0.00 $0.00 00433 20 II Tax Notes $0.27 S I ,736, 135,731.02 $1,736,135,731.04 $0.25 00433 2011 Tax Notes Investment $33,250,257.00 S I ,724,013,364.00 $1,724,188,661.00 $33,074,960.00 00481 1988A Unlimited Tax Road Bonds $0.80 128,771,699.00 $28,771,699.22 $0.58 00481 1988A U T Road Bonds Investment $1,925,615.00 $27,336,231.00 $29,175,544.00 $86,302.00 00482 1988 Pennanent Improvement Bond $0.03 $11,993,058.00 $11,993,058.00 $0.03 00482 1988 Pennanent Improvement Investment $64,134.00 $12,313,728.00 $12,313,728.00 $64,134.00 00490 1985 Unlimited Tax Road Bond Fund SO.70 127,938,717.00 $27,938,716.72 $0.98 00490 1985 Unlimited Tax Road Bond Investment $638, II 1.00 $28,039,004.00 $28,547,382.00 $129,733.00 00491 1985 Limited Tax Penn. I mprovement Bond SO.OO $0.00 $0.00 $0.00 00491 1985 Limited Tax P I Bond Investment $0.00 $0.00 SO.OO $0.00

THIS REPORT IS FOR COMPLIANCE OF SECTION 114.026 OF THE LOCAL GOVERNMENT CODE ONLY

BANK OF AMERICA

No. Fund

00492 1992 Road Bond Fund 00492 1992 Road Bond Fund Investment 00493 1992A Pennanent Improvement Bond Fund 00493 1992A P I Bond Fund Investment 00494 1977 Unlimited Tax Road Bond Fund 00494 1977 Unlimited Tax Road Bond Investment

Total Bond Funds


BOND FUNDS AS OF AUGUST 31, 2012

Balances YTD FY 2012 913012011 Receipts

$0.95 $20,891,550.73 $821,221.00 120,548,212.00

$0.62 $69,154,4 70.00 $369,810.00 $71 ,003,520.00

$0.33 $16,833,190.00 $796,675.00 $16,241,178.00

$50,851,655.71 56,152,454,357.32

THIS REPORT IS FOR COMPLIANCE OF SECTION 114_026 OF THE LOCAL GOVERNMENT CODE ONLY

YTD FY 2012 Disbursements

$20,891,551.32 $21,286,27 LOO $69,154,470.00 $71,003,520.00 $16,833,190.07 $16,833,190.00

$6,161,285,926.39

Balances 813112012

$0.36 583,162.00

$0.62 $369,810.00

$0.26 $204,663.00

$42,020,086.64

DETAIL OF CHANGES IN COUNTY FUNDS

UNAUDITED AND UNRECONCILED SPECIAL & TRUST FUNDS

AS OF AUGUST 31, 2012 BANK OF AMERICA

Balances YT[) FY 2012 YTD FY 2012 Balances No. Fund 913012011 Receipts Disbursements 813112012

00124 Jury Fund $1,793.51 $9,308,589.00 $9,311,901.00 ($1,518.49) 00124 Jury Fund Investment $17,399.00 59,204,492.00 $9,201,260.00 $20,631.00 00125 Petit Jury Fund ($66,411.00) 522,676,809.00 $22,704,463.00 ($94,065.00) 00125 Petit Jury Fund lnvestment $96,694.00 $22,083,811.00 $22,078,011.00 $102,494.00 00128 Adult Probation Fund $1,202,492.61 51,405,973,137.99 $1.407,791,210.32 ($615,579.72) 00128 Adult Probation Fund Investment $8,126,744.00 $1,379,385,466.00 $1,381,623,793.00 $5,888,417.00 00130 Election Fund-Special ($7,680.43) $11,051,082.93 $11,073,945.74 ($30,543.24) 00130 Election Fund-Special Investment $38,651.00 $10,481,543.00 $10,457,345.00 $62,849.00 00166 State Report Interest Fund $34,934.05 $573,047,692.05 $573,050,929.28 $31,696.82 00166 State Report Interest Fund Investment $3,965,752.00 $553,040,595.00 $554,724,285.00 $2,282,062.00 00168 Dallas County Historical Commission $0.56 $2,202,216.24 $2,201,716.33 $500.47 00168 Dallas Coty Historical Comm. Investment $11,455.00 $2,259,773.00 $2,259,787.00 $11,441.00 00169 Historical Exhibit $3,091.66 $80,228,825.04 180,229,147.97 $2,768.73 00169 Historical Exhibit Investment $437,810.00 ,75,663,968.00 $75,643,782.00 $457,996.00 00210 Arbitrage Rebate $145.12 $0.33 $0.00 $145.45 00210 Arbitrage Rebate Investment $5.00 $0.00 $0.00 $5.00 00467 HUD Section 8 $86,264.25 $1,159,224,354.65 $1,159,267,971.63 $42,647.27 00467 HUD Section 8 Investment $5,277,431.00 $1,141,311,388.00 $1,141,810,941.00 $4,777,878.00 00470 Law LibraI)' Fund $26,139.97 529,784,791.50 $29,807,931.44 $3,000.03 00470 Law Library Fund Investment $134,278.00 $29,391,194.00 $29,337,570.00 $187,902.00 00471 Appellate Judicial System $1,171.55 $67,699,115.00 $67,698,863.30 $1,423.25 00471 Appellate Judicial System Investment $300,912.00 $69,127,003.00 $69,178,145.00 $249,770.00 00486 County Treasurer's Unallocated Tax $0.00 $0.00 $0.00 $0.00 00500 Payroll ($58,321.38) $200,024,056.72 $200,023,773.94 ($58,038.60) 00500 Payroll Investment $54,517.00 $6,957,768.00 $6,961,229.00 $51,056.00 00501 County Clerk-Special $7,517,793.52 534,481,238.31 $37,592,399.63 $4,406,632.20 00501 County Clerk-Special Investment $19,311,338.00 $5,489,312.00 $6,442,380.00 $18,358,270.00 00502 County Clerk-Trust $11,653,848.86 $6,403,259.70 $5,151,454.80 $12,905,653.76 00503 District Clerk-Special $4,640,499.16 S 18,420,894.70 $17,055,014.42 $6,006,379.44 00503 District Clerk-Special Investment $0.00 SO.OO $0.00 $0.00 00504 District Clerk-Trust $8,745,983.80 568,073,304.94 $65,572,793.72 $11,246,495.02

TI-llS REPORT IS FOR COMPLIANCE OF SECTlON 114.026 OF THE LOCAL GOVERNMENT CODE ONLY

DETAIL OF CHANGES IN COUNTY FUNDS UNAUDITED AND UN RECONCILED

SPECIAL & TRUST FUNDS AS OF AUGUST 31, 2012

BANK OF AMERICA Balances YTD FY 2012 YTD FY 2012 Balances

No, Fund 9/30/2011 RecciEts Disbursements 8/31/2012

00505 Sheriff-Special $610,208.44 $23,063,416.41 $22,855,930,76 $817,694.09 00505 Sheriff-Special lnvestmcnt $160,000.00 $0.00 $0.00 $160,000.00 00506 County Clerk-Trust $709,584.23 $87,418,058.50 $87,362,448.02 $765,194.71 00535 District Attorney Forfeiture $16,650.87 $24,981.39 $8,299.34 $33,332.92 00535 District Attorney Forfeiture Investment $269,203.00 $0.00 $0.00 $269,203.00 00537 Youth Village Special Fund $465.16 $1.09 $0.00 $466.25 00538 District Attorney Check Proc, Fund $98,253.06 $372,457.51 $317,857.87 $152,852.70 00540 District Attorney Forfeiture FN $18,187.76 $863,494.51 $792,426.43 $89,255.84 00540 District Attorney Forfeiture FN [nvestment $421,830.00 SI70,000.00 $322,627.00 $269,203.00 00541 District Attorney F orfciture OL $324,615.81 51,416,505.18 $1,672,481.28 $68,639.71 00541 District Attorney Forfeiture OL Investment $412,178.00 $0.00 $0.00 $412,178.00 00542 District Attorney Unadjudicated Fund A $15.08 $6,010.68 $0.00 $6,025.76 00542 o A Unadjudicated Fund A Investment $31,860.00 $0.00 $0.00 $31,860.00 00543 Adult Probation-Restitution $1,393,782.82 $6,222,137.38 $6,241,059.37 $1,374,860.83 00544 o A Unadjudicatcd Forfeiture Fund B $26,402.74 $60.56 $0.00 $26,463.30 00544 D A Unadjudicated Forfeiture B Investment $0.00 $0.00 $0.00 $0.00 00545 o A Unadjudicated Forfeiture Fund C $8,546.19 $3,969.90 $416.40 $12,099.69 00545 D A Unadjudicated Forfeiture C investment $46,473.00 $0.00 $0.00 $46,473.00 00546 o A Unadjudicated Forfeiture Fund 0 $45,967.59 $226,464.68 $78,216.62 $194,215.65 00546 o A Unadjudicated Forfeiture Investment $0.00 $13,413.00 $13,413.00 $0.00 00547 D A State Forfeiture Fees Other $8,396.04 $253,511.57 $246,672.24 $15,235.37 00547 D A State Forfeiture Fees Other Investment $121,460.00 $242,920.00 $242,920.00 $121,460.00 00550 Justice of the Peace, I-I $625,621.95 $95,900.48 $87,837.20 $633,685.23 00551 Justice of the Peace, 1-2 $356,696.51 $30,510.89 $27,919.48 $359,287.92 00552 Justice of the Peace, I-A $0.00 $0.00 $0.00 $0.00 00553 Justice of the Peace, 3-3 $121,149.96 $145,613.24 $149,033.64 $117,729.56 00554 Justice of the Peace, 2-1 $396, I 44.84 $45,962.96 $53,187.64 $388,920.16 00555 Justice of the Peace, 2-2 $402,213.68 $93,494.12 $139,680.81 $356,026.99 00556 Justice of the Peace, 3-1 $57,826.44 $149,159.92 $150,490.25 $56,496.11 00557 Justice of the Peace, 3-2 $179,842.44 $31,445.16 $33,638.92 $177,648.68 00558 Justice of the Peace, 3-A $0.00 $0.00 $0.00 $0.00 00559 Justice of the Peace, 4-\ $387,591.89 $116,064.53 $84,969.82 $418,686.60

THIS REPORT IS FOR COMPLIANCE OF SECTJON ! 14.026 OF THE LOCAL GOVERNMENT CODE ONLY.


SPECIAL & TRUST FUNDS AS OF AUGUST 31,2012

BANK OF AMERICA Balances YTC FY 2012 YTD FY 2012 Balances

No. Fund 9/30/2011 Receipts Disbursements 8/3112012

00560 Justice of the Peace, 4-2 $297,398.35 $143,142.78 $263,603.27 $176,937.86

00561 Justice of the Peace, 5- J $122,332.35 $28,884.30 $31,270.60 $119,946.05

00562 Justice of the Peace, 5-2 $267,245.63 $62,531.80 $68,548.10 $261,229.33 00570 Dal!as County Housing Fin. - 1993 $0.04 $2,415,994.81 $2,412,984.00 $3,010.85 00570 Dallas County Housing Fin. - 1993 Investment $46,392.00 $2,412,984.00 $2,412,965.00 $46,41 LOO 00571 Dallas County Housing Fin. - 1994 $0.85 $66,977,087.21 $66,976,259.82 $828.24 00571 Dallas County Housing Fin. - 1994 Investment $1,284,448.00 $66,645,173.00 $66,962,945.00 $966,676.00 00580 Constable 1 $16,119.00 $263,560.51 $271 ,035.39 $8,644.12 00581 Constable 2 $81.24 $201,379.28 $195,888.92 $5,571.60 00582 Constable 3 $17,165.61 $311,359.31 $325,268.49 $3,256.43 00584 Constable 4 $6,260.90 $90,607.39 $90,547.39 $6,320.90

00586 Constable 5-1 $72,046.69 $148,741.36 $137,534.91 $83,253.14 00625 TCDRS Wire Transfer Account $0.00 $0.00 $0.00 $0.00

00670 Credit Card BOA Charge Back $5,000.00 $3,834.15 S3,834.15 S5,000.00

00671 Credit Card Fees $0.00 53, I 03.21 $3,103.21 $0.00

00672 Credit Card BOA Reserve $25,000.00 $0.00 SO.OO $25,000.00 00764 Welfare Food Orders SO.OO $9.437.33 $9,437.33 $0.00

00802 Child Support Special Account $172,324.62 SO.OO $0.00 $172,324.62

00807 District Attorney Check Collection $513,093.08 SO.OO $0.00 $513,093.08

00808 Child Support Trust Account $5,865.12 $263,884.45 $263,564.96 $6,184.61

00822 NACO Wire Transfer Account $0.00 53,909,773.92 $3,909,773.92 $0.00 00882 Wire Transfer Pass Through AccL $0.00 S 116, 130,425.67 $116,130,425.67 $0.00

Total Special & Trust Funds $81,656,672.79 $7 J-=~29~3, 139.24 ___ p,379,602,560.74 $76,077,251.29

THJS REPORT IS FOR COMPLIANCE OF SECT!ON 114.026 OF THE LOCAL GOVERNMENT CODE ONLY

EXHIBITS

.') i .. ll, 'Y I-,$~!'/..,;! ORDER NO: _______ _

DATE: August 7,2012

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

BE IT REMEMSERED at a regular meet'lng of Commissioners Court of Dallas County, Texas held on the ih day of August, 2012 on motion made by Jolm Wiley Price, Commissioner of District 113, and

seconded by Dr. Elba Garcia, Commissioner of District 114

order was adopted:

, the following

WHEREAS, the Public Funds Investment Act of 1995, 74th Texas Legislature, amended, 75th Texas Legislature, 1997, requires that the County Treasurer report the status of the investment of all Dallas County funds to the Commissioners Court not less than quarterly, and

WHEREAS, the Dallas County Treasurer has completed a report of all such funds for the period April 1, 2012 thru June 30, 2012, in accordance with State Statutes and has signed said document in accordance with the Public Funds Investment Act.

WHEREAS, this action supports Vision 1 of Dallas County's Strategic Plan.

IT IS HEREBY ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners Court that it does hereby receive, and approve the Quarterly Investment Report of Dallas County Funds for the period Apr/I 1, 2012 thru June 30, 2012, as provided by the Dallas County Treasurer.

DONE IN OPEN COURT this 1'" day of August, 2012.

Dist. #2


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QUARTERL Y INVESTMENT REPORT

April 1, 2012 Through June 30, 2012

The attached report outlines in detail all Dallas County investment transactions occurring during the reporting period from April 1, 2012 Through June 30, 2012, All transactions are consistent with the Dallas County Investment Policy and State Law,

Dallas County investments are made with safety as the first priority, adequate liquidity the second, and yield as the third priority,

Dallas County has four specific investment strategy considerations as represented by the fund groups denoted hereinafter.

'T'he strategy for General Operating Funds is to ensure that anticipated cash flows are matched with adequate investment liquidity,

Bond Operating Fund strategy is to generate a dependable revenue stream for the appropriate debt service funds consistent with the DaJJas County Investment Policy and State Law,

DaUas County utilizes as its primary objective for the investment of Debt Service Funds adequate liquidity to cover the debt service obligation of Dallas County on required payment dates,

Dallas County invests Special and Trust Funds in accordance with State Law and the DaUas County Investment Policy to the maximum ability that such investments may benefit Dallas County directly, or utilizes said funds in a method that such funds may benefit Dallas County indirectly,

It is the intent of the DaUas County Treasurer to hold purchased securities to the stated maturity date and to have invested in such a manner as to insure both the safety and liquidity of each investment

Joe WeI

Date: August 1, 2012

COPYRIGHT «> Joe Wells, Dlllb::; Counly Treasure-r, 2012

20 t ,} .1.4)

ORDER NO: ______________ __

DATE: August 14, 2012

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

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

14th day of August, 2012, on motion made by John Wiley Price, Commissioner of Dist. 3

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

WHEREAS, the County Treasurer desires to Stale Date all eligible Dallas County checks which were outstanding and unclaimed by payees from July 1, 2010 through December 31, 2010, and

WHEREAS, the balance of all such checks should be cleared from the Outstanding List of Dallas County records as reflected and attached as a part of this Court Order.


IT IS HEREBY ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners Court that the County Treasurer is hereby authorized to make such transfers as necessary to carry out the instructions of this Court Order for stale dated checks for the period July 1,2010 through December 31, 2010, as well as any and all other eligible unclaimed funds prior to January 1, 2011.

FURTHER, IT IS HEREBY ADJUDGED, DECREED, AND ORDERED by the Dallas County Commissioners Court that future legitimate claims against such outstanding checks from firms, corporations or individuals named in the fund printouts attached to this Court Order, may be processed as claims for payments by Dallas County, in accordaPfe with Dallas County Policy and Procedure.

I \. DONE IN OPEN COURT this 14th day of August, 2,012\

I _(j __ . nkin

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Mike Cantrell, Comm Di~2

DALLAS COUNTY

JOE WELLS COUNTY TREASURER

Date: August21,2012

To: Commissioners Court

From: Joe Wells, County Treasurer

Re: JP Morgan Chase Merchant Services (Same Day Briefing payment approval Requested due to August 30, 2012

implementation date for JP Morgan Chase Merchant Services contract)

Background:

Commissioners Court approved Court Order 20120490 March 20, 2012 entering into a Merchant Services agreement with JP Morgan Chase effective April 1, 2012 through March 31, 2014. This contract requires Dallas County to establish and fund a Charge Back / Refund account. Payment processing through this contract begins August 30, 2012.

Financial

Funding in the amount of $7500 from Unallocated Reserve is requested to fund this contractually required Charge Back / Refund JP Morgan Chase / Dallas County Merchant Services account.

District Attorney Civil Section reviewed JP Morgan Chase Contract prior to Commissioners Court approval.

Summary

Recommend Commissioners Court approval funding in the amount of $7500 JP Morgan Chase Merchant Services / Dallas County Charge Back / Refund account. Funding requested from Unallocated Reserve.

509 MAIN STREET • 303 RECORDS BUILDING • DALLAS, TEXAS 75202 • (214) 653-7321 • Jcwells@da!1ascounty.org

CERTIFIED COUNTY TREASURER (CCT) • CERTIFIED INVESTMENT OFFICER (CIO)

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ORDER NO.: ________ _

DATE: September 25. 2012

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

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

on September 25, 2012, on a motion made by Dr. Elba Garcia, Connnissioner District 114 , and

seconded by Mike Cantrell, Connnissioner District 112 , the following Order was adopted:

WHEREAS, an automobile appraisal following all accident was discussed in closed session on September 18,2012, as pelmitted by sections 551.071 (I)(A) and (B) of the Texas Government Code; and

WHEREAS, the office involved was Dallas County Constable Precinct #2; and

WHEREAS, the Civil Division of the Dallas County Criminal District Attorney's Office investigated, and a payment of$100.00 for inspection services was found to be a valid and reasonable amount; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that All Pro Collision be paid $100.00 for its inspection services as full and final payment by the County of Dallas, Texas, and that the County Treasurer is authorized to release said check to an employee of the Civil Division of the Dallas County Criminal District Attorney's Office.

Ins) County Judge -:::-----C"

Mike Cantrell, Comm. Dis!. #2 Dr. Elba Garcia, Comm. Dis!. #4

~'Gordon Hikel (~~t,kMrr?I!.'[N.N tf (t>f.Z- Chief, Civil Division

Dallas County District Attorney's Office

ORDER NO.: ________ _

DATE: September 25, 2012

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER


on September 25, 2012, on a motion made by Dr. Elba Garcia, Commissioner District 114 , and

seconded by Mike Cantrell, Commissioner District 112 , the following Order was adopted:

WHEREAS, Shinny Abraham filed a claim against Dallas County which the Commissioners Court discussed in closed session on September 18, 2012, as pennitted by sections 551.071(l)(A) and (B) of the Texas Government Code; and

WHEREAS, the office involved in this claim is Dallas County Sheriffs Department; and

WHEREAS, the Civil Division ofthe Dallas County Criminal District Attorney's Office investigated the claim, and a payment of$287.56 for property damage was found to be a valid and reasonable amount; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that Shinny Abraham be reimbursed $287.56 for property damage as full and final settlement by the County of Dallas, Texas, and that the County Treasurer is authorized to release said check to an employee the Civil Division of the Dallas County Criminal District Attorney's Office.

DONE IN OPEN COURT on the 25'h

Maurine

Mike Cantrell, Comm. Dist. #2

'1 \)"00"" .ei)a'ed for Approval:

'J Gordon Hikel ,-O(i!.(;0AJ.4 ;:;. ,;;. Chief, Civil Division fj;:" t Dallas County District Attorney's Office

1 17 ~ COURT ORDER ORDER NO.: _______ _


STATE OF TEXAS § COUNTY OF DALLAS §

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

on August 21, 2012, on motion made by Dr. Elba Garcia, Comm. District 114 , and seconded by

Mike Cantrell, Comm:~istrict 112 , the following Order was adopted:

WHEREAS, Martin Perez filed suit against Dallas County, ef 01., styled Martin Perez v. Dallas County, Dallas County Sheriff's Department and Louis Salazar in Cause Number DC-12-00040-B, which was discussed in executive session on August 21, 2012, as permitted by section 551.071(I)(b) of the Texas Govermnent Code,

WHEREAS, the Civil Division of the Criminal District Attorney's Office has negotiated a settlement with The Law Omces ofBer! Guerrero, PC; and

WHEREAS, the County Judge and Commissioners Court asked the Civil Division of the Criminal District Attorney's Omce to make a counter-offer, and authorized a settlement payment of $500.00 to be a valid and reasonable amount, and good cause appearing to the Court to approve said recommendation; and

WHEREAS, the Civil Division of the Criminal District Attorney's Omce will obtain a release of all claims by the plaintilf in the aforementioned lawsuit; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court directs the Dallas County Treasurer to issue a cheek in the amount of $500.00 made payable to Martin Perez and The Law Omces of Bert Guerrero, PC as full and linal settlement by Dallas County, and timt the County Judge is authorized to execute any documentation required for this settlement on behalf of Dallas County, and the County Treasurer is to release said check to an employee of the Civil Division of the Dallas County Criminal District Attorney's Office.

DONE IN OPEN COURT thi

Mike Ca,ltrell, Comm. Dis!. #2

0.-~ Yended for Approval:

• v ~

.;:i, G6rcl~n Hikel 0-/!,4cJ(,--jJr'CcijVN4 :r."fi- / Chief, Civil Division • Criminal District Attorney's Office

La:P~D~ Dr. Elba Garcia, Comm. Dis!. #4

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

10-000634

COURT ORDER ORDER NO:


STATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 25th day of September, 2012,

d b Dr. Elba Garcia, Commissioner of District 114 d d d b on motion ma e y ________ ---'-_______________________ , an secon e y

_-,Mi=' k"e"-C",a",n=tr=.e=l",l.l.,-"C",o",mrru=·",s"s:::i:..:o"n",e",r,---,o",f=-:D,,,l::;· S:::t",T=-l=' -=c-=t---'-II-=2 ________ , the following order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the extension of the current lease was briefed to the Commissioners Court on August 28,2012; and

Court Order 2011-235, dated February 1,2011 ,adopted a lease agreement with Columbia Colson Corporation for 3,010 square feet of office space at 8202 Spring Valley Road, Suite 200, Dallas, Texas, for the Health and Human Services Department; and

the term of the lease is for a one year period, which automatically renews annually until the year 2020 or at which time Dallas County provides written notice of intent to vacate; and

the leased rate of $5,000 per month covers maintenance and repairs of the property, with Dallas County responsible for utilities, janitorial and pest control; and

lease payments have been funded by the Department of State Health Services grant which has expired; and

the new grant period covering lease payments, begins September 1,2012 and ends August 31, 2013; and

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Dallas County, Texas, hereby authorize the continued payments through the Department of State Health Services grant for leased space at 8202 Spring Valley Road, Suite 200, Dallas, Texas, during the new grant period beginning September 1, 2012 and ending August 31, 2013,

DONE IN OPEN COURT this the 25th day of September, 2012.

~ Recommended by: t, J ~ ibarry 'n Court Ailministrator

Commissioner District #2

~.dL· Dr. Elba Garcia Commissioner District #4

! ' , 0 ORDER NO: __ --,t,--_1 ()


STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

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

________ ~1~8~[h __ ~~ ____ dayof--------------~S~e¥p~te~m~b~e~r-----------,2012, on

a motion made by Dr. Elba Garcia, Commissioner of District 114 , and seconded by

_Mi_' k_e_C_a_n_t_r_e_l_l,-, _C_o_=_._· '_s_s_i_o_n_e_r_o_f __ D_i_s_t_r_i_c_t_I_~2 ____________ , the following Court Order was adopted:

WHEREAS, the Commissioners Court was briefed by the Office of Budget and Evaluation on September 18, 2012 regarding the Sheriffs Office request to accept the Office of the Governor Criminal Justice Division grant award of $80,000; and to use the awarded funds toward the purchase of a 2008 Chevrolet Incident Command Vehicle (ICV),

WHEREAS, the remainder of the cost of the ICV, $193,000, which includes au added communications component, will be paid through the Sheriffs Forfeiture Fund.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the Sheriff's Office to accept the Office of the Governor Criminal Justice Division Grant and use the awarded grant funds to purchase an Incident Command Vehicle. The Dallas County Commissioners Court further authorizes the Sheriff's Office to pay the remainder of the cost of the ICV using the Sheriffs Federal Forti 'ture Fund.

25th day of -----"P"""'''''''-'---, --:7'"9-:-~

Maurlli@~!Ck'~:; ;;;i2:''';C, m

Dr. Elba Garcia, District #4

Recommended by: 3 fJ - broe..!.)" Ryan rown, Budget Officer

COURT ORDER i I

U ORDER NO: _____ _


STATE OF TEXAS

COUNTY OF DALLAS

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

the __ ---'2""5'-"tl"-.1 ___ _ day of ____ S"e"-lP"'t"em"""b"'e"-r _________ , 2012 on motion made by

-=Dc::r:..:,-=E:::l.::b:::a_G:::a:::r:..:c::.:i:::a:z,-=C::::onm1l==· s",s",i=o",n",e",r,-"o",-f_D",l=c' s"-,t",r",i",c,,t~1124 ______________ , and seconded by

~Mi=' k~e=-=C::::a:::::n::::tr:::..e:::..l::::l~~C:::o:::..mm=i:::::s:::::sl::::· o:::::n,:::e::::r"--.::o:.::f:..-::D:::i::::s.=t.r::::l:::· c:ct=-'''''-_. _________ , the following Order was adopted:

WHEREAS, on September 18, 2012 the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation regarding the renewal for the FY2013-FY2014 State Case Registry/Local Customer Service (SCR/LCS) contract with the Office of the Attorney General (OAG) of the State of Texas; and

WHEREAS, the contract allows that divorce cases that involve child support be monitored through the Dallas County Child Support Office at a reimbursement rate of $11.68 per case; and

WHEREAS, the effective date of the renewal agreement period is from September 1, 2012- August 31, 2014; and

WHEREAS, the maximum liability of the OAG under this contract is $178,800; and

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

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court hereby approves the FY2013-FY2014 State Case Registry Local Customer Service contract with the Of lice of Attorney General of the State of Texas to operate a child support enforcement program and authorizes the County Judge to sign the contract on behalf of the County.

25th day of September ,

M' ~ D' . #1 aunne IC ey, Istnct \


:J3 'I ~ ro '-'" "\ Ryan B~own, Budget Officer

June 20, 2012

Ms. Angela Igrisan

l~~";.> . l\P* ' "iYi \

~1t;1 \ I

~~C " -, .

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT CHILO SUPPORT DIYlS10N

Dallas County Director, Domestic Relations Office 600 Commerce St. Suite 201 Dallas, TX 75202-6632

RE: Two Originals of FY13/14 State Case Registry and Local Customer Service Contract

Dear Ms. Igrisan:

Attached are two originals of the renewal for the FYl31l4 State Case Registry/Local Customer Service (SCRlLCS) Contract. Please have hoth originals signed where indicated.

Also attached is the Incident Response Plan, Attachment G (flagged), which is designed to provide a general reference to both OAG and county staff when a security incident may threaten the confidentiality of OAG data. You will need to submit a new Incident Response Plan even if no changes occurred since the previous contract. Pursuant to contract requirement § 6.4.1.1, please complete the Incident Response Plan and return it along with both signed originals to the following:

Office ofthe Attorney General Child Support Division P. D. Box 12017 Mail Code 062, Attn: Dawn Moss Austin, Texas 78711-2017

Upon receipt of the two signed originals and the completed Incident Response Plan, the documents will be routed to Alicia G. Key, Deputy Attorney General for Child Support, for signature. After the documents have been signed by all parties, one original will be returned to you for your records. Please be advised, the contract cannot be executed before both signed originals and a current Incident Response Plan have been returned.

If you have questions regarding the execution of this contract, please contact Robert Canales at (512) 460-6283.

Sincerely,

A en Broussard --e; Manager, Governmenlcontracts

POST OFFICE Box 12017. AUSTIN, TEXAS 78711·2017 TEL, (512) 460·6000 1· 800·252·8014 WEB, WWW.TEXASATTORNEYGENERAL.GOV An Equal Employment Opportunity Employer· Prmted on Recycled Paper

Cooperative Agreement between

The Office of the Attorney General of the State of Texas

and Dallas County, Texas

1. INTRODUCTION & PURPOSE

CONTRACT NO. 13-C0022

1.1. This document encompasses furnishing Registry Only court order information relating to Child Support, Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle Band Suits Affecting the Parent-Child Relationship under the Texas Family Code, Title 5, Subtitle B for use in the State and Federal Case Registries ("State Case Registry") and local handling of inquiries on (including any necessary research) and receiving information about Child Support Cases where child SUppOlt payments are remitted to the Texas State Disbursement Unit (TXSDU) ("Local Customer Service"). A County may contract to provide State Case Registry services only. However a county contracting to provide Local Customer Service must also contract to provide State Case Registry.

1.2. Dallas ("County") is contracting with the Office of the Attorney General ("OAG") to furnish Registry Only court order information relating to Child Support, Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle B and Suits Affecting the Parent-Child Relationship under the Texas Family Code, Title 5, Subtitle B for use in the State and Federal Case Registries and handle inquiries on (including any necessary research) and receive information about Child Support Cases where child support payments are remitted to the TXSDU.

1.3. This Contract and its attachments (all of which are made a part hereof and expressly included herein) is entered into under the authority of Texas Family Code Section 231.002.

1.4. The term "OAG Systems" when used in this Contract encompasses the OAG Child Support Case Management System (commonly referred to as TXCSES and TXCSES Web) and any applicable automated systems used by the ~AG's Vendor for the TXSDU including all of their subsystems, functions, processes, and security requirements.

1.5. Unless specified otherwise in this Contract, all procedures required to be followed by the County will be made available to the County on the OAG child support portal at http://portal.cs.oag.state.tx.us.

2. CONTRACT PERIOD

2. I. This Contract shall commence on September J, 2012 and shall terminate on August 31, 2014, unless terminated earlier by provisions of this Contract.

3. REQUIREMENTS OF THE OAG AND THE COUNTY

3.1. State Case Registry Activities

3. I. I. County shall provide to OAG new and modified child support court orders entered after the effective date of the Contract for Registry Only child support court order information relating to Suits Affecting the Parent-Child Relationship.

3. J. J .1. County shall use the original court ordered documents to obtain the relevant information for entry to the OAG Systems or may use the "Record of Support" published in the Texas Family Law Manual, or a similar form completed by the District Clerk or Local Registry's office that summarizes the relevant court ordered child support information.

SCR/LCS 3/] J/12 Page 1 of23

3.1.1.2. County must provide, if available, the following data elements:

3.1.1.2.1. participant type (dependent, custodial parent, non-custodial parent)

3.1.1.2.2. family violence indicator, if applicable

3.1.1.2.3. name of each participant (last and first)

3.1. I .2.4. sex code for each participant

3.1.1.2.5. social security number for each custodial parent and non-custodial parent andlor date of birth for each participant

3. I. 1.2.6. cause number

3.1.1.2.7. cause county code

3.1.1.2.8. stmi date of cause

3. I. I .2.9. order modification date

3.1.1.2.10. address lines 1,2, and 3, City, State, Zip (custodial parent only).

3.1. 1.3. County shall provide data elements andlor information updates to the OAG Systems for Registry Only child support court orders signed on or after October I, 1998.

3.1.1.4. County shall enter updates on OAG Systems for new case and lor member information provided by the custodial parent, non-custodial parent, employer, court or attorney of record to the County. This includes but is not limited to address information, changes in custody, protective orders, court order terminations of all types, child emancipation, multiple payees or payors, case closure and order transfers.

3.1.1.5. County shall endeavor to provide all available new case information nccessary to process child support payments received by the State Disbursement Unit within five (5) business days of the "date received time stamp" indicating that the order was received by the District Clerk or Local Registry's office. While this Timeliness Performance Standard is established as a goal for counties rather than a requirement, the OAG intends to monitor and report County performance toward meeting the Standard.

3. I. 1.6. The provisions of 3.1. 1.5 notwithstanding, County shall provide essential new case information necessary to process child support payments received by the State Disbursement Unit within five (5) business days of notification by the Texas TXSDU that a payment was received.

3.1.1.7. County shall provide updated information on existing cases within three (3) business days of receipt.

3.1.1.8. County shall ensure that the Family Violence Indicator (FVI) is updated on Registry Only cases in TXCSES Web within three (3) business days of a protective order being filed. If a Full Service case exists the county shall provide the local OAG field office with a copy of the protective order within three (3) business days of it being filed.

3.1. 1.9. County shall provide new and updated case information by data entry directly onto OAG Systems, unless agreed to otherwise in writing by the OAG Contract Manager.

3.1.1.10. County shall ensure that payments on cases that have been redirected from the County registry to the TXSDU are paid to the TXSDU and that disbursements on such cases are no longer made by the County. The District Clerk or the Domestic Relations Office (as

SCRJLCS 3111112 Page 2 of23

applicable) shall send all erroneously received child support payments to the TXSDU within one day of receipt.

3.1.1.11. County agrees that all court orders must direct child support payments to the (TXSDU) in accordance with Section 154.004 of the Texas Family Code and 42 USC 654b of the Code of Federal Regulations. Where the County identifies a pattern of court orders from a particular cOUli or attorney that fail to comply with Section 154.004 of the Texas Family Code and 42 USC 654b of the Code of Federal Regulations, the County will notiry the OAG of same.

3.1.1.12. County shall work with the TXSDU to perform the required due diligence to place child support payments into the hands of custodial parents.

3.2. LOCAL CUSTOMER SERVICE

3.2.1. County Customer Service Unit Resources and Services

3.2.1.1. The tenn "Child Support Cases" when used in this Section and its Subsections means: Registry Only cases (a Registry Only case is a ease where the payment is remitted to the State Disbursement Unit by an employer pursuant to an original order signed on or after January 1, 1994) and all IV-D cases (also known as "Full Service Cases").

3.2.1.2. County shall provide the resources necessary to accomplish the following allowable categories of customer service activity on Child Support Cases in accordance with the requirements of the Confidentiality and Security Section below: Payment Inquiry, Payment Research, Employer Payment Related Calls, OAG Payment Related Calls, Withholding Inquiry (Employer, Custodial Parent, Non-Custodial Parent).

3.2.1.2.1. These activities include but are not limited to:

3.2.1.2.1.1. Researching payments on Child Support Cases that should have been but were not received by the OAG.

3.2.1.2.1.2. Researching disbursements on Child Support Cases that should have been but were not received by the custodial parent.

3.2.1.2.1.3. Providing payment records on Child Support Cases to the cOUli, the guardian ad litem for the child, the custodial and non-custodial parent and their attorneys, a person authorized by the custodial or non-custodial parent to have the payment history infonnation, and a District or County attorney for purposes of pursuing prosecution for criminal non-support of a child.

3.2.1.2.1.4. Providing a certified copy of the court order timely to the OAG upon request.

3.2.1.2.2. The County Customer Service unit shall take inquiries and receive information by, but not limited to, e-mail, letters, phone calls, facsimiles and walk-ins.

3.2.2. Resources as used in this Customer Service Unit Resources and Services section include, but are not limited to, personnel, office space, equipment, phones and phone lines.

3.2.3. Customer Service Unit Documentation

3.2.3.1. County shall follow OAG procedures relating to data integrity, set forth in Attachment D, when accepting changes to case information i.e., procedures to properly identify the caller.

SCRJLCS 3/11112 Page3 of23

3.2.3.2. County shall perform the Customer Service Unit services using the following guidelines:

3.2.3.2.1. Respond to written inquiries within five (5) County business days,

3.2.3.2.2. take action on information received within three (3) County business days,

3.2.3.2.3. document case record of action or information received at time of receipt,

3.2.3.2.4. follow up to a telephone inquiry within three (3) County business days,

3.2.3.2.5. return phone calls within three (3) County business days,

3.2.3.2.6. see a customer the same day or schedule appointment within three (3) County business days of request.

3.2.3.3. County shall use OAG processes and procedures for forwarding misdirected inquiries between the County, and the OAG and the ~AG's designated agent where necessary by providing the toll free number to the ~AG's Call Center (800-252-8014).

3.2.3.4. The electronic files associated with customer service activity that the County may receive and process are:

3.2.3.4.1. Full Service and Registry Only Collections, technical document name: Interface Control Document 012 (ICDOI2).

3.2.3.4.2. Registry Only Disbursement Data, technical doeument name: Interface Control Document 013 (lCDO 13).

3.2.3.4.3. Full Service and Registry Only Collection Adjustments, technical document name Interface Control Document 015 (ICDO 15).

3.2.3.4.4. Registry Only Case Data from Loeal Registries, technical document name: Interface Control document 050 (ICD050).

3.2.4. The electronic file associated with customer service activity that the County may transmit is:

3.2.4.1. OAG Systems and Local Registries Customer Service Activities, technical doeument name: Interface Control Document 035 (ICD035).

3.2.5. In the event of a failed transmission, or if a tile is unable to be processed, County shall correct the problem and retransmit within one (1) business day of notification by the OAG.

3.2.6. County shall record on its automated system all financial data available from the OAG required to support the accurate dissemination of payment record information contemplated by this Contract or the County shall access, as needed, an OAG/TXCSES payment history record, as available, from the OAG TXCSES Web applieation.

3.3. ACCESSING OAG SYSTEMS

3.3 .1. County Responsibilities

3.3.1.1. Work with the OAG or its designated agent to acquire, when needed, (at no cost to the County) from the OAG or its designated agent one personal computer, including the necessary software, to access the OAG Systems. County will work with the OAG or its designated agent to obtain the database access required. County is responsible for connecting the hardware to its own County network and for the cost associated therewith.

3.3.1.2. County must make necessary programming changes to its own automated child support system to accomplish the local customer service activities in this Contract. If the County employs a

SCRJLCS 311 JIl2 Page 4 01'13

Vendor for maintenance and changes to its automated child support system, County must coordinate effOlis between the County Vendor and the GAG or its designated agent

3.3.1.3. Should the County desire to retain their legacy case management system, whether in-house or vendor based, the County is required to maintain strict data synchronization with the GAG Systems. To accomplish this, the County must demonstrate sufficient resources and ability to receive and process into the County legacy system daily data updates from the GAG in ICD050 format.

3.3 .1.4. County will be authorized to implement the data synchronization process upon completion of demonstrated ability and a documented system test

3.3.1.5. Whether the County retains their legacy case management system or if data synchronization with the GAG Systems is not feasible the County shall enter all case/member information directly onto the designated GAG System unless agreed to otherwise in writing by the GAG Contract Manager.

3.3.1.6. The lCD050 computer file specifications and format will be made available to the County on the GAG child support portal. If these specifications change during the term of the Contract, the changes will be made available on the GAG child support portal and an email notice of such availability will be sent to the County liaison. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for GAG Systems processing, within a reasonable time frame.

3.3.1.7. To the extent necessary to fulfill its obligations under this Contract, County shall maintain, at no cost to the GAG, County hardware and software compatibility with the GAG Computer Systems and GAG file format needs, to include GAG software and GAG computer hardware and related equipment upgrades. GAG will provide County with as much notice as possible of intended GAG Computer Systems upgrades.

3.3.1.8. County is responsible for all the necessary phone lines. For those counties that do not have internet access the GAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur.

3.4. GAG Responsibilities

3.4.1. GAG will work with the County to make sure the County has one personal computer, including the necessary software, to access the GAG Systems. For those counties that do not have internet access, the GAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur.

4, REIMBURSEMENT

4.1. OAG shall monitor County GAG Systems State Case Registry and, if applicable, Local Customer Service activities (direct data entry or electronic file) and summarize for monthly reimbursement amounts.

4.2. GAG shall forward a Summary and Reimbursement Voucher for any particular month's activities to the County for review and approval by the 2S 'h day ofthe following month.

4.3. If the County approves the Summary and Reimbursement Voucher, the County signs the voucher and returns it to GAG for payment within ten (10) County business days. County's signature constitutes

SCR/LCS JIJ IIJ2 Page 5 01'23

approval of the voucher and certification that all services provided during the period covered by the voucher are included on the voucher. The OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments and the Texas Prompt Payment Act.

4.3.1. County shall submit the invoice to:

Contract Manager, State Case Registry and Local Customer Service Mail Code: 062 Office of the Attorney Gencral PO Box 12017 Austin, TX 78711-2017

4.4. If County does not approve the Summary and Reimbursement Voucher, it shall return the voucher to the OAG within ten (10) County business days of receipt, detailing the basis of any disputed item, and include supporting documentation. The OAG shall review the returned voucher. If the dispute is resolved in the County's favor the OAG shall make payment as set forth in the preceding subsection. If the dispute is not resolved in the County's favor, the OAG shall make payment in accordance with the voucher originally sent to the County and forward a letter of explanation to the County.

4.4.1. OAG Rights Upon Loss of Funding

4.4. I .1. Legislative Appropriations

4.4.1.1.1. All obligations of the OAG are subject to the availability of legislative appropriations and, for federally funded procurements, to the availability of federal funds applicable to this procurement (see Provision of Funding by the United States, subsection below). The parties acknowledge that the ability of the OAG to make payments under this Contract is contingent upon the continued availability of funds for fbe Child Support Enforcement Strategy and the State Disbursement Unit Strategy (collectively "Strategies"). The parties acknowledge that funds are not specifically appropriated for this Contract and the ~AG's continual ability to make payments under this Contract is contingent upon the funding levels appropriated to the OAG for the Strategies for each particular appropriation period. The OAG will use all reasonable efforts to ensure that such funds are available. The parties agree that if future levels of funding for the OAG Child Support Enforcement Strategy and/or the State Disbursement Unit Strategy are not sufficient to continue operations without any operational reductions, the OAG, in its discretion, may tenninate this Contract, either in whole or in part. In the event of such termination, the OAG will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The OAG shall make best efforts to provide reasonable written advance notice to County of any such tennination. In the event of such a tennination, County shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of tennination. OAG shall be liable for payments limited only to the portion of work the OAG authorized in writing and which the County has completed, delivered to the OAG, and which has been accepted by the OAG. All such work shall have been completed, per the Contract requirements, prior to the effective date of tennination.

4.4.2. Provision of Funding by the United States

4.4.2. J. It is expressly understood that any and all of the ~AG's obligations and liabilities hereundcr are contingent upon the existence of a state plan for child support enforcement approved by the United States Department of Health and Human Services providing for the

SCR/LCS 3111112 Pag.e 6 of23

statewide program of child support enforcement, pursuant to the Social Security Act, and on the availability of Federal Financial Participation for the activities described herein. In the event that such approval of the state plan or the availability of Federal Financial Participation should lapse or otherwise terminate, the OAG, in its discretion, may terminate this contract, either in whole or in part. In the event of such termination, the OAG will not be considered to be in default or breach under this contract, nor shall it be liable for any further payments ordinarily due under this contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The OAG shall make best efforts to provide reasonable written advance notice to Contractor of any such termination. In the event of such a termination, County shall, unless otherwise mutually agreed upon in writing, eease all work immediately upon the effective date of termination. OAG shall be liable for payments limited only to the portion of work the OAG authorized in writing and which the County has completed, delivered to the OAG, and which has been accepted by the OAG. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination.

4.5. Reimbursement Rates

4.5.1. State Case Registry

4.5.1.1. The OAG shall be financially liable to the County for the federal share of the County's Contract associated cost. Federal share means the portion of the County's Contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV -D; for purpose of reference only the federal share on the effective date of this Contract is 66%. The County agrees that for the purposes of this Contract all of the County's Contract associated costs for any given calendar month is equal to the number of new and modified Regisny Only Court Orders (together with all required data elements) provided to the OAG during the calendar month multiplied by a per new and modified Registry Only Court Order fee of$12.8l plus the number of Registry Only Court Orders updated during the calendar month multiplied by a per Registry Only Court Order updated fee of $4.07 per Registry Only Court Order updated. Thus: [(Calendar Month new and modified Registry Only Court Orders provided x $12.81) + (Calendar Month Registry Only Court Orders updated x $4.07)] x Federal Share = OAG Liability.

4.5.2. Local Customer Service

4.5.2.1. The OAG shall be financially liable to the County for the federal share of the County's Contract associated cost. Federal share means the portion of the County's Contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV -D; for purpose of reference only the federal share on the effective date ofthis Contract is 66%. The County agrees that for the purposes of this Contract all of the County's Contract associated costs for any given calendar month is equal to the number of inquiries on IV -D cases handled by County personnel during the calendar month, plus the number of inquiries on Registry Only cases (See Section 3.2.1 for the meaning of Registry Only cases) minus the Federal Disallowance Percentage, multiplied by a per inquiry fee of $4.19 per inquiry. For purpose of reference only the Federal Disallowance Percentage for SFY 2011 annualized is 19%. Thus: (Calendar Month IV -D Inquiries Handled by County Personnel) + (Calendar Month Registry Only Inquiries Handled by County Personnel - Federal Disallowance Percentage) x ($4.19) x (Federal Share) = OAG Liability.

4.6. Limitation ofOAG Liability

4.6.1. The OAG shall be liable only for Contract associated costs incurred after commencement of this Contract and before termination ofthis Contract.

SCRILCS 3111112 Page 70f23

4.6.2. The OAG may decline to reimburse Allowable Costs which are submitted for reimbursement more than sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs are incurred.

4.6.3. County shall refund to the OAG within thirty (30) calendar days any sum of money which has been paid to the County which the OAG and County agree has resulted in an overpayment to County, provided that such sums may be offset and deducted from any amount owing but unpaid to County.

4.6.4. The OAG shall not be liable for reimbursing the County if the County fails to comply with the State Case Registry Activities, the County Customer Service Unit Resources and Services, and/ or the Customer Service Unit Documentation Sections above in accordance with the requirements ofthose sections.

4.6.5. The OAG shall not be liable for reimbursing the County for any activity currently eligible for reimbursement as of right without the necessity for a prior existing contract e.g. sheriff/processor fees. Nor shall the OAG be liable for reimbursing the County for any activities eligible for reimbursement under another contract or Cooperative Agreement with the OAG e.g. customer service related to cases in the same County's Integrated Child Support System ("ICSS") caseload, when the County has an ICSS contract with the OAG. Nor shall the OAG be liable for reimbursing the County for information correcting erroneous information previously provided by the County.

4.6.6. Notwithstanding any other provision of this Contract, the maximum liability of the OAG under this Contract is One Hundred Seventy Two Thousand Eight Huudred Dollars and No Cents ($172,800.00).

4.7. Assignment of Claims

4.7.1. County hereby assigns to the OAG any claims for overcharges associated with this Contract under 15 U.S.C. §1, et seq., and Tex. Bus. & Comm. Code §15.01, etseq.

5. CONTRACT MANAGEMENT

5.1. Written Notice Delivery

5.1.1. Any notice required or permitted to be given LInder this Contract by one party to the other party shall be in writing and shall be addressed to the receiving party at the address hereinafter specified. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address hereinafter specified. It shall be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified.

5.1.1.1. County

SCRILeS JIJ 1!12

The address of the County for all purposes under this Contract and for all notices hereunder shall be:

Ms. Angela Igrisan (or his/her successor in office) Dallas County Director, Domestic Relations Office 600 Commerce SI. Suite 201 Dallas, TX 75202-6632

Page 8 of23

5.1.1.2. OAG

The address of the OAG for all purposes under this Contract and for all notices hereunder shall be:

Alicia G. Key (or her successor in office) Deputy Attorney General for Child Support Office of the Attorney General PO Box 12017 Austin, TX 78711-2017

With copies to:

Joseph Fiore (or his successor in office) Managing Attorney, Contracts Attorneys, Child Support Division Office of the Attorney General POBox 12017 Austin, TX 78711-2017

and

Allen Broussard (or his successor in office) Manager, Government Contracts Office ofthe Attorney General PO Box 12017 Austin, TX 78711-2017

5.2. Controlled Correspondence

5.2.1. After execution of this Contract, for a communication between the County and the OAG to be considered authoritative and binding it must be in writing and generated in accordance with procedures mutually agreed to by the County and the OAG. The OAG has procedures in place to number and track such communications as Controlled Correspondence. Any communication not generated in accordance with such procedures and not signed out by a designated position shall not be binding upon the parties and shall be of no effect. The OAG IV -D Director and the Contract Manager are designated as authorized signatories for all Controlled Correspondence with the County on behalf of the OAG. Unless otherwise notified by the County, the OAG shall consider the District Clerk or Local Registry's office, as the County signatory to this Contract, as authorized signatories for all Controlled Correspondence on behalf of the County. In the case of any inconsistency or conflict between such procedures and a Contract provision, the Contract provision shall control. Controlled Correspondence shall not be used to change pricing or alter the provisions of this Contract. Any such change requires a Contract amendment. Controlled Correspondence may be used to document interpretations of the provisions of this Contract.

5.3. Inspections, Monitoring and Audits

5.3.1. The OAG may monitor and/or conduct fiscal and/or program audits and/or investigations of the County's program performance at reasonable times. The OAG may at its option or at the request of County provide technical assistance to assist County in the operation of this program. County shall provide physical access without prior notice to all sites used for perfonnance of service under this Contract to the OAG, United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas. County shall grant to the OAG, the United States Depmiment of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas access, without prior notice, to all books, documents, and records of the County pertinent to this Contract. The County books, documents, and records may be inspected, monitored, evaluated, audited and copied. County shall cooperate fully with

SCR/LCS 3fllil2 Page 9 of23

the OAG, United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas in the conduct of any audit and/or investigation including the providing of any requested books, documents, and records, County shall retain all financial records, supporting documents, statistical records, and any other records, documents, papers, logs, audit trails or books (collectively referred to as records) relating to the performances called for in this Contract County shall retain all such records for a period of three (3) years after the expiration of the term of this Contract, or until the OAG or the United States are satisfied that all audit claim, negotiation, and litigation matters are resolved, whichever period is longer. Reports or other information relating to this program prepared by the County or at the request of the County shall be furnished to the OAG within ninety (90) days of availability. The requirements of this Subsection shall be included in all subcontracts.

5.4. Reimbursement of Audit Penalty

5.4.1. If funds are disallowed as a result of an audit finding contained in an audit (by County or County's independent auditor, the OAG, the State Auditor, the U.S. Department of Health and Human Services, the Comptroller General of the United States, or any of their duly authorized representatives) that County has failed to follow federal requirements for the IV-D program, then County agrees that the County shall refund to OAG the amount disallowed within thirty (30) calendar days of the date of the written OAG request for refund; provided further that such amounts may be offset and deducted from any funds payable under this Agreement.

5.5. Remedies for Non-Performance

5.5.1. Failure of the County to perform the contracted for services as required by this Contract shall be considered unsatisfactory performance. Any finding of unsatisfactory perfornlance shan be eommunicated to the County in writing by the OAG Contract Manager. If the County wants to dispute the finding, a written dispute must be received by the OAG Contract Manager no later than fifteen (15) calendar days from the date the County received the written finding of unsatisfactory performance. The written dispute must detail why the County believes the finding is erroneous and must contain all supporting documentation. The OAG Contract Manager will review the dispute submission to determine the validity of the original finding of unsatisfactory performance. The determination of the OAG Contract Manager shan be final and shall conclude the review process. The OAG Contract Manager's determination shan be communicated to the County in writing. If a written dispute of the original finding of unsatisfactory performance is not received by the OAG Contract Manager by the time set forth above, the finding of unsatisfactory performance shan be deemed validated and the County shan have waived its right to dispute the finding.

5.5.2. If the finding of unsatisfactory performance is validated, the County shall be requested to provide the OAG Contract Manager with a corrective action plan. A corrective action plan, acceptable to the OAG Contract Manager, must be provided within a reasonable time period as specified by the OAG Contract Manager. Failure to provide an acceptable corrective action plan within the specified time period shan result in a withholding of payments due to County under this Contract until such time that an acceptable corrective action plan is provided.

5.5.3. If the County does not return to satisfactory status within four months of receiving notice that an unsatisfactory performance finding has been validated, OAG may withhold payments due to County under this Contract until the County is once again performing satisfactorily. If the unsatisfactory status persists for a total of six months after receiving notice of the validated unsatisfactory performance finding, OAG may terminate this Contract (in accordance with the Termination Section below) without payment to County for any costs incurred by County from the time that OAG commenced withholding payments due to County being in an unsatisfactory status. Where payments are to resume due to County having provided an acceptable corrective action plan or having attained satisfactory performance status the first payment after resumption shall include all costs accrued during the period when payments to the County were withheld.

SCRlLCS 311 1112 Page 10 of23

5.6. Training on OAG Systems

5.6.1. Any County staff performing functions under this Contract must be trained on OAG Systems. Classroom Training on OAG Systems will be scheduled upon request from the County. by the end of the quarter following such request. Classroom Training will be provided by OAG Regional Trainers at each of the OAG Regional Training Centers. County shall be responsible for any and all costs associated with this training, including, but not limited to, costs for travel, lodging, meals and per diem; provided, however that the OAG shall be responsible for the cost of training materials and equipment required to complete the training class. County is responsible for scheduling the training with the OAG and shall direct training requests to:

5.7. Assignment

Larry Acevedo Office of the Attorney General Mail Code 053 POBox 12017 Austin, TX 7871 1-2017 email address: [email protected]

5.7.1. County will not assign its rights under this Contract or delegate the performance of its duties under this Contract without prior written approval from the OAG.

5.8. Liaison

5.8.1. County and OAG each agree to maintain specifically identified liaison personnel for their mutual benefit during the term of the Contract. The liaison(s) named by County shall serve as the initial point(s) of contact for any inquiries made pursuant to this Contract by OAG and respond to any such inquiries by OAG. The liaison(s) named by OAG shall serve as the initial point(s) of contact for any inquiries made pursuant to this Contract by County and respond to any such inquiries by County. The liaison(s) shall be named in writing at the time ofthc execution of this Contract. Subsequent changes in liaison personnel shall be communicated by the respeetive parties in writing.

5.9. Subcontracting

5.9.1. It is contemplated by the parties hereto that County shall conduct the performances provided by this Contraet substantially with its own resources and through the serviees of its own staff. In the event that County should determine that it is necessary or expedient to subcontract for any of the performances specified herein, County shall subcontract for such performances only after County has transmitted to tl1e OAG a true copy of the subcontract County proposes to execute with a subcontractor and has obtained the OAG's written approval for subcontracting the subject performances in advance of exeeuting a subcontract. County, in subcontraeting for any performances specified herein, expressly understands and acknowledges that in entering into such subeontraet(s), the OAG is in no manner liable to any subcontractor(s) of County. In no event shall this provision relieve County of the responsibility for ensuring that the performances rendered under all subeontraets comply with all terms of this Contraet.

SCR/LCS 3/11112 Page 11 of23

5.10. Dispute Resolution Process for County Breach of Contract Claim

5.10.1. The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the OAG and County to attempt to resolve any claim for breach of contract made by County.

5.10.2. County's claim for breach of this Contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the proeess, the County shall submit written notice, as required by subchapter B, to the Director, Child Support Division, Office of the Attorney General, P.O. Box 12017 (Mail Code 033), Austin, Texas 78711-2017. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the OAG and the County otherwise entitled to notice under this Contract. Compliance by the County with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code.

5.10.3. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the County's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the OAG if the parties are unable to resolve their disputes under the immediate preceding subsection.

5.10.4. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Contract by the OAG nor any other conduct of any representative of the OAG relating to the Contract shall be considered a waiver of sovereign immunity to suit.

5.10.5. The submission, processing and resolution of the County's claim is governed by the published rules adopted by the OAG pursuant to Chapter 2260, as cun'ently effective, hereafter enacted or subsequently amended.

5.10.6. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the County, in whole or in part.

5.11. Reporting Fraud, Waste or Abuse

5.11.1. County must report any suspected incident of fraud, waste or abuse associated with the performance of this Contract to anyone of the following listed entities:

5.11. 1. 1. the Contract Manager

5.11.1.2. the Deputy Director for Contract Operations, Child Support Division

5.11.1.3. the Director, Child Support Division the Deputy Director, Child Support Division

5.11.1.4. the OAG Ethics Advisor

5.11.1.5. the ~AG's Fraud, Waste and Abuse Prevention Program ("FWAPP") Hotline (866-552-7937) or the FWAPP E-mailbox([email protected])

5.11.1.6. the State Auditor's Office hotline for fraud (1-800-892-8348).

5.11.2. The repOIi of suspected misconduct shall include (if known):

5.11.2.1. the specific suspected misconduct

5.11.2.2. the names of the individual(s)lentity(ies) involved

SCRILCS JIlll12 Page 12 of23

5.11.2.3. the date(s)/Iocation(s) of the alleged activity(ies)

5.11.2.4. the nameS and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information; and

5.11.2.5. any documents which tend to support the allegations.

5.11.3. The words fraud, waste or abuse as used in this Section have the following meanings:

5.11.3.1. Fraud is the use of one's occupation for obtaining personal benefit (including benefit for family/friends) through the deliberate misuse or misapplication of resources or assets.

5.11.3.2. Waste is the extravagant careless or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions.

5.11.3.3. Abuse is the misuse of one's position, title or authority to obtain a personal benefit (including benefit for family/fricnds) or to attempt to damage someone else.

6. CONFIDENTIALITY AND SECURITY

6.1. Confidentiality and Security Provisions

6.1.1. General

6.1.1.1. Both OAG and County recognize and assume the duty to protect and safeguard confidential information. Confidential information specifically includes personally identifiable information such as Social Security Number, full name, date of birth, home address, account number, and case status. Each entity acknowledges that the loss of confidentiality, integrity and availability of information assets is a risk which can be minimized by effective security safeguards and enforced compliance with information security policies, standards and procedures.

6. I. 1.2. OAG recognizes that County has existing statutory responsibilities to maintain confidentiality of records related to state district courts (juvenile, family, probate, civil and criminal), county courts and national and state criminal records (FBI, NCIC, TCIC). OAG also recognizes that County has existing processes and procedures that ensure the security and confidentiality of this information and data and is subject to security audits or assessments by these authorities.

6. LJ.3. This agreement requires County to retrieve data from the courts and other sources and create data within TXCSES or TXCSES Web.

6.1.1.4. County acknowledges and agrees to protect OAG Data as confidential. All references to "OAG Data" shall mean all data and information (i) originated by OAG and/or submitted to County by or on behalf of OAG, or (ii) which County accesses tram OAG systems in connection with provision of the Agreement Services. OAG Data does not include data and information originated by County in the performance of its duties. Upon request by OAG, County shall execute and deliver any documents that may be necessary or desirable under any law to preserve or enable OAG to enforce its rights with respect to OAG Data. OAG rights and privileges applicable to OAG Data shall survive expiration or any termination of this Agreement, and shall be perpetual. Tex. Gov't Code Chapter 552 defines the exclusive mechanism for determining whether OAG Data are subject to public disclosure. However, data that is publicly known and generally available to the public is not subject to these Confidentiality and Security Provisions.

SCR/LCS 3/1 1112 Page 13 01'23

6.1.1.5. If any term or provision of this Confidentiality and Security Provision, shall be found to be illegal or unenforceable, it shall be deemed independent and divisible, and notwithstanding such illegality or unenforceability, all other terms or provisions in this Contidentiality and Security Provision, shall remain in full force and effect and such illegal or unenforceable term or provision shall be deemed to be deleted.

6.1.1.6. County shall develop and implement access protection lists. The access protection lists shall document the name and other identifying data for any individual, authorized pursuant to County's request, to access, use or disclose OAG Data, as well as any special conditions and limitations applicable to each authorization. County shall remove individuals from or change the access rights of individuals on the access protection list immediately upon such individual no longer requiring access. At least qUaIterly, OAG shall send County a list of TXCSES Web users and County shall review and update its access protection lists and ensure that the access protection lists accurately reflect the individuals and their access level currently authorized. County shall notify OAG of the authorized personnel that should have access rights to OAG Data and information in the method prescribed by OAG. County will immediately notify OAG when an individual's access to OAG systems is no longer relevant. OAG, in its sole discretion, may deny or revoke an individual's access to OAG Data and information and any of its systems.

6.1.1. 7. County shall perform background reviews, to include a criminal history record review, on all County employees who will have access to OAG Data and information, and any OAG system. County shall certify to OAG that such reviews have been conducted and that in County's opinion the aforesaid employees are deemed trustworthy. County may request OAG to perform such reviews. In such an instance, County shall provide OAG with any required information, consent and authorization to perform the reviews and OAG shall perform the reviews at its own expense.

6. I .1.S. All references to "Agreement Services" shall include activities within the scope of this Agreement.

6.1.1.9. County shall comply with all applicable statutory and regulatory provisions requiring that information be safeguardcd and kept confidential. These statutes and regulatory provisions include but are not limited to 42 U.s.C. §§ 653 and 654; 45 CPR §§ 307.10, 307.11 and 307.13; 26 U.S.C. 6103 (IRC 6103); IRS Publication 1075 (Rev.S-20IO) and § 231.10S of the Texas Family Code, each as currently written or as may be amended, revised or enacted. County shall also comply with OAG policy, processes and procedures concerning the safeguarding and confidentiality of information, and computer security (including any requirements set forth in Attachment F, entitled "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information"). The requirements of these Confidentiality and Security Provisions shall be included in, and apply to, subcontracts and agreements the County has with aIlYone performing Agreement Services on County's behalf.

6.1. 1. I O. This Agreement is between County and OAG, and is not intended to create any independent cause of action by any third party, individual, or entity against OAG or County.

6.2. OAG Data Usage and Storage

6.2.1. County agrees to maintain physical security for OAG data by maintaining an environment designed to prevent loss or unauthorized removal of data. County shall ensure that all persons having access to data obtained from OAG Systems are thoroughly briefed on related security procedures, use restrictions, and instructions requiring their awareness and compliance. County shall ensure that all County personnel having access to OAG Data receive annual reorientation

SCRJLCS 3/11 (j 2 Page 14 of 23

sessions when offered by the OAG and all County personnel that perform or are assigned to perform Agreement Services shall annually re-execute, and/or renew their acceptance of, all applicable security documents and to ensure that they remain alert to all security requirements. County personnel shall only be granted access to OAG Systems after they have received all required security training, read the OAG Data Security Policy Manual (Attachment A), signcd the acknowledgment (and County has given the signed acknowledgment to the OAG Contract Manager) and read and aecepted the OAG Automated Computer System Access Statement of Responsibility (Attachment B) and the Child Support online Login Policy (Attachment C).

6.2.2. OAG Data are not allowed on mobile/remote/portable storage devices; nor may storage media be removed from the facility used by County. Any exccption to this prohibition must have OAG prior approval. Such approval may only be granted by Controlled Correspondence or Contract amendment. This prohibition does not apply to County Information Systems backup procedure. County Information Systems backup procedure is subject to the United States Internal Revenue Service requirements set forth in IRS Publication 1075 (Rev.8-2010) and Attachment F entitled "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information".

6.2.3. County stipulates, covenants, and agrees that it will not access, use or disclose OAG Data beyond its limited authorization or for any purpose not necessary for the performance of its duties under this Agreement. Without ~AG's approval (in its sole discretion), County will not: (i) use OAG Data other than in connection with providing the Agreement Services; Oi) disclose, sell, assign, lease, or otherwise provide OAG Data to third -parties, including any local, state, or Federal legislative body; (iii) commercially exploit OAG Data or allow OAG Data to be commercially exploited; or (iv) create, distribute or use any electronic or hard copy mailing list of OAG Customers for purposes other than in connection with providing the Agreement Services. However, nothing in this agreement is intended to restrict County from performing its other authorized duties. For example, the duty to disseminate copies of court orders to requesting parties that necessarily includes data sueh as names and addresses. In the event that County fails to comply with this subsection, OAG may exercise any remedy, including immediate termination of this Agreement.

6.2.3.1. County agrees that it shall comply with all state and federal standards regarding the protection and confidentiality of OAG Data as currently effective, subsequently enacted or as may be amended. OAG Data accessed shall always be maintained in a secure environment (with limited access by authorized personnel both during work and non-work hours) using devices and methods such as, but not limited to: alarm systems, locked containers of various types, fireproof safes, restricted areas, locked rooms, locked buildings, identification systems, guards, or other devices reasonably expected to prevent loss or unauthorized removal of manually held data. County shall also protect against unauthorized use of passwords, keys, combinations, access logs, and badges. Whenever possible, computer operations must be in a secure area with restricted access. In situations such as remote tel1l1inals, or office work sites where all of the requirements of a secure area with restricted access cannot be maintained, the equipment shall receive the highest level of protection. This protection must include (where communication is through an external notorganization-controlled network [e.g. the Internet]) multifactor authentication that is compliant with NIST SP 800-63, Electronic authentication Guidance level 3 or 4, and shall be consistent with IRS Publication 1075 Section 4.7 Alternate Work Sites.

6.3. OAG Data Retention and Destruction, and Public Information Requests

6.3.1. Any destruction or purging of OAG Data shall be destroyed and/or purged in accordance with state and federal statutes, rules and regulations. Within ten (10) business days of destruction or purging, County will provide the OAG with a completed OAG-Child Support Division

SCR/LCS 3111112 Page 15 of23

"Certificate of Destruction for Contractors and Vendors" (Attachment H; a copy of which is attached hereto and included herein).

6.3.2. In the event of Agreement expiration or termination for any reason, County shall ensure the security of any OAG Data remaining in any storage component to prevent unauthorized disclosures. Within twenty (20) business days of Agreement expiration or termination, County shall provide OAG with a signed statement detailing the nature of the OAG Data retained, type of storage media, physicallocation(s), and any planned destruction date.

6.3.3. County expressly does not have any actual or implied authority to determine whether any OAG Data are public or exempted from disclosure. County is not authorized to rcspond to public information requests which would require disclosure of otherwise confidential information on behalf of the OAG. County agrees to forward to the OAG, by facsimile within one (I) business day from receipt all request(s) for information associated with the County's services under this Agreement. County shall forward via fax any information requests to:

Public Information Coordinator Office of the Attomey General Fax (512) 494-8017

6.4. Security Incidents

6.4.1. Response to Security Incidents

6.4.1. 1. County shall respond to detected security incidents. The term "security incident" means an occurrence or event where the confidentiality, integrity or availability of OAG Data may have been compromised. County shall maintain an internal incident response plan to facilitate a quick, effective and orderly response to information security incidents. The incident response plan should cover such topics as:

6.4.1.1.1. Initial responders

6.4.1.1.2. Containment

6.4.1.1.3. Management Notification

6.4.1.1.4. Documentation of Response Actions

6.4.1.1.5. Expeditious confirmation of system integrity

6.4.1.1.6. Collection of audit trails and similar evidence

6.4.1.1. 7. Cause analysis

6.4.1.1.8. Damage analysis and mitigation

6.4.1.1.9. Internal Reporting Responsibility

6.4.1.1.1 O. External Reporting Responsibility

6.4.1.1.11. OAG Contract Manager's and OAG CISO's name, phone number and email address.

6.4.2. Attachment G is County's current intcrnal incident response plan. Any changes to this incident response plan require OAG approval (which approval shall not be unreasonably withheld) and may be made by Controlled Correspondence.

SCRlLCS 3/11112 Page 16 of23

6.5. Notice

6.5.1. Within one (l) hour of concluding that there has been, any OAG Data security incident County shall initiate damage mitigation and notify the OAG Chief Information Security Officer ("OAG CISO") and the OAG Contract Manager, by telephone and by email, of the security incident and the initial damage mitigation steps taken. Current contact information shall be contained in the Plan.

6.5.2. Within twenty-four (24) hours of the discovery, County shall conduct a preliminary damage analysis of the security incident; commence an investigation into the incident; and provide a written report to the OAG CISO, with a copy to the OAG Contract Manager fully disclosing all information relating to the security incident and the results of the preliminary damage analysis. This initial report shall include, at a minimum: time and nature of the incident (e.g., OAG data loss/corruption/intrusion); causers); mitigation efforts; corrective actions; and estimated recovery time.

6.5.3. Each day thereafter until the investigation is complete, County shall: (i) provide the OAG CISO, or the OAG CISO's designee, with a daily oral or email report regarding the investigation status and current damage analysis; and (ii) confer with the OAG CISO, or the OAG CISO's designee, regarding the proper course of the investigation and damage mitigation.

6.5.4. Whenever daily oral reports are provided, County shall provide, by close of business each Friday, an email report detailing the foregoing daily requirements.

6.6. Final Report

6.6.1. Within five (5) business days of completing the damage analysis and investigation, County shall submit a written Final Report to the OAG CISO with a copy to the OAG Contract Manager, which shall include:

6.6.1.1. a detailed explanation ofthe causers) of the security incident;

6.6.1.2. a detailed description of the nature of the security incident, including, but not limited to, extent of intruder activity (such as files changed, edited or removed; Trojans), and the particular OAG Data affected; and

6.6.1.3. a specific cure for the security incident and the date by which such cure shall be implemented, or if the cure has been put in place, a celiification to OAG that states the date County implemented the cure and a description of how the cure protects against the possibility of a recurrence.

6.6.2. If the cure has not been put in place by the time the report is submitted, County shall within thirty (30) calendar days after submission of the final report, provide a certification to OAG that states the date County implemented the cure and a description of how the cure protects against the possibility of a recurrence.

6.6.3. If County fails to provide a Final Report and Certification within forty-five (45) calendar days, or as otherwise agreed to, of the security incident, County agrees that OAG may exercise any right, remedy or privilege which may be available to it under applicable law of the State and any other applicable law. The exercise of any of the foregoing remedies will not constitute a termination of this Agreement unless OAG notifies County in writing prior to the exercise of such remedy.

6.7. Independent Right to Investigate

6.7.1. OAG reserves the right to conduct an independent investigation of any security incident, and should OAG choose to do so, County shall cooperate fully, making resources, personnel and

SCRiLCS 3111112 Page 17 of23

systems access available. If at all possible, OAG will provide reasonable notice to County that it is going to conduct an independent investigation.

6.8. Security Audit

6.8.1. Right to Audit, Investigate and Inspect the Facilities, Operations, and Systems Used in the Performance of Agreement Services.

6.8.1.1. County shall permit OAG, the State Auditor of Texas, the United States Internal Revenue Service, the United States Department of Health and Human Services and the Comptroller General of the United States to:

6.8.1.1.1. monitor and observe the operations of, and to perform security investigations, audits and reviews ofthe operations and records of, the County;

6.8.1.1.2. inspect its information system in order to access security at the operating system, network, and application levels; provided, however, that such access shall not interfere with the daily operations of managing and running the system; and

6.8.1.1.3. enter into the offices and places of business of County and County's subcontractors for a security inspection of the facilities and operations used in the performance of Agreement Services. Specific remedial measures may be required in cases where County or County's subcontractors are found to be noncompliant with physical and/or OAG data security protection.

6.8.1.2. When OAG performs any of the above monitoring, observations, and inspections, OAG will provide County with reasonable notice that conforms to standard business audit protocol. However prior notice is not always possible when such functions are performed by the State Auditor of Texas, the United States Internal Revenue Service, the United States Department of Health and Human Services and the Comptroller General of the United States. In those instances the OAG will endeavor to provide as much notice as possible but the right to enter without notice is specifically reserved.

6.S.I.3. Any audit of documents shall be conducted at County's principal place of business and/or the loca60n(s) of County's operations during County's normal business hours and at ~AG's expense. County shall provide on County's premises, (or if the audit is being performed of a County's subcontractor, the County's subcontractor's premises, if necessary) the physical and technical support reasonably necessary for OAG auditors and inspectors to perform their work.

6.8.1.4. County shall supply to the OAG and the State of Texas any data or reports rendered or available in conjunction with any security audit of County or County's subcoutractors, if such data or reports pertain, in whole or in part, to the Agreement Services. This obligation shall extend to include any report(s) or other data generated by any security audit conducted up to one (1) year after the date of termination or expiration of the Agreement.

6.9. Remedial Action

6.9.1. Remedies Not Exclusive and Injunctive Relief

6.9.1.1. The remedies provided in this section are in addition to, and not exclusive of, all other remedies available within this Agreement, or at law or in equity. ~AG's pursuit or nonpursuit of anyone remedy for a security incident(s) does not constitute a waiver of any other remedy that OAG may have at law or equity.

SeRiLCS 311 !/12 Page 18 of23

6.9.1.2. If injunctive or other equitable relief is available, then County agrees that OAG shall not be required to post bond or other security as a condition of such rclief.

6.10. Notice to Third Parties

6.10.1. Subject to OAG review and approval, County shall provide notice to individuals whose personal, confidential, or privileged data were compromised or likely compromised as a result of the security incident, with such notice to include: (i) a brief description of what happened; (ii) to the extent possible, a description of the types of personal data that were involved in the security brcach (e.g., full uamc, SSN, date of birth, home address, account number, etc.); (iii) a brief description of what is being done to iuvestigate the breach, mitigate losscs, and to protect against any further breaches; (iv) contact procedures for those wishing to ask questions or learn additioual data, including a telephonc number, website, if available, and postal address; and, (v) instructions for accessing the Consumer Protection Identity Theft section of the OAG website. County and OAG shall mutually agree on the methodology for providing the notice. However, the notice method must comply with Section 521.053, Texas business and Commerce Code (as currently enacted or subsequently amended). Provided further that County must also comply with Section 521.053 's "consumer reporting agency" notification requirements.

6. J 0.2. County shall be responsible for responding to and following up on inquiries and requests for further assistance from persons notified under the preceding section.

6.10.3. If County does not provide the required notice, OAG may elect to provide notice of the security incident. County and OAG shall mutually agree on the methodology for providing the notice. However, the notice method must comply with Section 521.053, Texas business and Commerce Code (as currently enacted or subsequently amended). Costs (excluding personnel costs) associated with providing notice shall be reimbursed to OAG by County. If County does not reimburse such cost within thirty (30) calendar days of request, OAG shall have the right to collect such cost. Additionally, OAG may collect such cost by offsetting or reducing any future payments owed to County.

6.11. Commencement of Legal Action

6.11.1. County shall not commence any legal proceeding on OAG's behalf outside the scope of the Agreement Services without ~AG's express written consent. OAG shall not commence any legal proceedings on County's behalf without County's express written consent.

7. AMENDMENT

7.1. This Contract shall not be amended or modified except by written amendment executed by duly authorized representatives of both parties. Any alterations, additions or deletions to the terms of this Contract which are required by changes in federal or state law are automatically incorporated into this Contract without written amendment to this Contract and shall be effective on the date designated by said federal or state law.

SCRlLCS 3!lll12 Page 1901'23

8. TERMINATION OF CONTRACT

8.1. Termination

8.1.1. Either party to this Contract shall have the right to either terminate this Contract in its entirety or in part. However, a County continuing to contract to provide Local Customer Service services must also continue to contract to provide State Case Registry services. The Contract, or portion of the Contract, may be terminated by the terminating paJiy notifying the other party in writing of such termination and the proposed date of the termination no later than thirty (30) calendar days prior to the effective date of such termination.

8.2. Survival of Terms

8.2.1. Termination of this Contract for any reason shall not release the paIiies from any liability or obligation set forth in this Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination.

9. TERMS AND CONDITIONS

9.1. Federal Terms and Conditions

9.1.1. Compliance with Law, Policy and Procedure

9.1.1.1. County shall perform its obligations hereunder in such a manner that ensures its compliance with OAG, policy, processes and procedure. It shall also comply with all state and federal laws, rules, regulations, requirements and guidelines applicable to County: (1) performing its obligations hereunder and to assure with respect to its performances hereunder that the OAG is carrying out the program of child support enforcement pursuant to Title IV, Part D of the federal Social Security Act of 1935 as amended; (2) providing services to the OAG as these laws, rules, regulations, requirements and guidelines currently exist and as they are amended throughout the tenn of this Contract County understands and agrees that from time to time OAG may need to change its policy, processes or procedures and that such change shall not entitle County to any increased cost reimbursement under this Contract; provided, however, that County may exercise its right to terminate the Contract in accordance with the Termination Section above. OAG shall provide County e-mail notice of any change in OAG policy, processes or procedures.

9.1.2. Civil Rights

9.1.2.1. County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds provided by this Contract. County shall comply with Executive Order 11246, "Equal Employment Opportunity" as amended by Executive Order ] 1375, "Amending Executive Order] 1246 relating to Equal Employment Opportunity" and as supplemented by regulations at 41 C.F.R. Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." County shall ensure that all subcontracts comply with the above referenced provisions.

9.1.3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion from Participation in Contracts Exceeding $1 00,000.00.

SCRiLCS 3/11112 Page 20 01'23

9.1.3.1. County certifies by entering into. this Contract, that neither it no.r its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from paJiicipation in this transaction by any federal department or agency.

9. 1.3.2. The certification requirement of this provision shall be included in all subcontracts that exceed $100,000.

9. 1.4. Environmental Protection (Contracts in Excess of $100,000.00)

9.1.4.1. County shall be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1 857(h)) Section 508 of the Clean Water Act (33 USC 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The requirements of this provision shall be included in all subcontracts that exceed $ 100,000.

9. I .5. Certain Disclosures Concerning Lobbying [Contracts in excess of $ I 00,000]

9.1.5.1. Certain Counties shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Acts of 1989, and the regulations of the United States Department of Health and Human Services promulgated pursuant to said law, and shall make all disclosures and certifications as required by law. County must submit at the time of execution of this Contract a Certification Regarding Lobbying (Attachment E). This certification certifies that the County will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.c. 1352. It also certifies that the County will disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by completing and submitting Standard Form LLL.

9.1.5.2. The requirements of this provision shall be included in all subcontracts exceeding $100,000.

9.2. News Releases or Pronouncements

9.2.1. News releases, advertisements, publications, declarations, and any other pronouncements pertaining to this Contract by County, using any means or media, must be approved in writing by the OAG prior to public dissemination.

9.3. Date Standard

9.3.1. Four-digit year elements will be used for the purposes of electronic data interchange in any recorded form. The year shall encompass a two digit century that precedes, and is contiguous with, a two digit year of century (e.g. 1999,2000, etc.). Applications that require day and Month information will be coded in the following format: CCYYMMDD. Additional representations for week, hour, minute, and second, if required, will comply with the international standard ISO 8601: 1988, "Data elements and interchange formats--lnformation interchange--Representation of dates and times."

9.4. Headings

9.4. 1. The headings for each section of this Contract are stated for convenience only and are not to be construed as limiting.

SCRiLCS 3(11112 Page 21 01'23

9.5. Agreement Relating to Debts or Delinquencies Owed to the State

9.5.1. As required by §22S2.903, Government Code, the County agrees that any payments due under this Contract shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

9.6. Certification Concerning Dealings with Public Servants

9.6.1. County, by signing this contract, certifies that it has not given nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this transaction.

9.7. Personnel Comportment

9.7.1. County and County subcontractor personnel and agcnts shall be courteous and professional in all communications during their performance of the requirements of this contract. Any actions deemed unprofessional must be remedied to the satisfaction of the OAG Contract Manager. The OAG reserves the right, in its sole discretion, to require the immediate removal and replacement of any County and/or County subcontractor personnel and agents deemed by the OAG to be discourteous, unprofessional, unsuitable or otherwise objectionable. Any replacement personnel assigned by County to pcrform services under this contract must have qualifications for the assigned position that equal or exceed those of the person being replaced.

9.8. Non-Waiver of Rights

9.8.1. Failure of a party to rcquire performance by another party under this Contract will not affcct the right of such party to require performance in the future. No delay, failure, or waiver of either party's exercise or partial exercise of any right or remedy under this Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a party of any breach of any term of this Contract will not be construed as a waiver of any continuing or succeeding breach. Should any provision of this Contract be invalid or unenforceable, the remainder of the provisions will remain in effect.

9.9. No Waiver of Sovereign Immunity

9.9.1. The parties expressly agree that no provision of this contract is in any way intended to constitute a waivcr by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law.

9.10. Severability

9.10. I. If any provision of this contract is construed to be illegal or invalid, such construction will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions will continue in full force and effect.

9.11. Applicable Law and Venue

9.11.1. Applicable Law and Venue: County agrees that this Contract in all respects shall be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. County also agrees that the exclusive venue and jurisdiction of any legal action or suit brought by County concerning this Contract is, and that any such legal action or suit shall be brought, in a court of competent jurisdiction in Travis County, Texas. OAG agrees that any legal action or suit hrought by OAG concerning this Contract shall be brought in a court of competent jurisdiction in Dallas County. All payments under this Contract shall be due and payable in Travis County, Texas.

SCR/LCS 3111112 Page 22 of23

9.12. Entire Contract

9.12.1. This instrument constitutes the entire Contract between the parties hereto, and all oral or written contracts between the parties relating to the subject matter of this Contract that were made prior to the execution of this Contract have been reduced to writing and are contained herein.

9.13. Counterparts

9.13.1. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

9.14. Attachments

9.14.1. Attachment A: OAG Information Security Policy Manual

9.14.2. Attachment B: OAG Automated Computer System Access - Statement of Responsibility

9.14.3. Attachment C: Child Support Online Login Policy

9.14.4. Attachment D: Data Integrity Procedures Changes to Case Information

9.14.5. Attachment E: Certification Regarding Lobbying

9.14.6. Attachment F: IRS Publication 1075 (Rev.8-20l0)

9.14.7. Attachment G: Incident Response Plan

9.14.8. Attachment H: Celtificate of Destruction for Contractors and Vendors

THIS CONTRACT IS HEREBY ACCEPTED

OFFICE OF THE ATTORNEY GENERAL DALLAS COUNTY

Alicia G. Key Deputy Attorney General for Child Support

SCRlLCS J/IIIl2 Page 23 of23

ATTORNEY GENERAL OF TEXAS GREG ABBOTT

ATTACHMENT A

Office of the Attorney General Information Technology Security

Policy Manual

Version 4.3 April 5, 2011

Presented by: Kathleen Donaho-Jaeger

CS Information Security Officer Mike O'Connell

A&I_ Information Security Officer

Office of the Attorney General

Table of Contents

1. Information Security Policy ................................................................................................. 4 1.1. Attorney General Policy Statement .............................................................................. 4 1.2. Scope of Policy ............................................................................................................. 4 1.3. OAG Infonnation Security Policy Purpose & Inten!... ................................................. 4 1.4. Definitions ..................................................................................................................... 4

2. Management Security Controls ............................................................................................ 5 2.1. State Agency Head - Attorney Gencral ........................................................................ 5 2.2. Management Responsibility .......................................................................................... 5 2.3. Information Resources Manager (IRM) ........................................................................ 5 2.4. hlformation Security Officers (ISO) ............................................................................. 5 2.5. Information Resource Owner ........................................................................................ 6 2.6. Information Custodian .................................................................................................. 7 2.7. Information Technology User ....................................................................................... 8

3. Operationa.l Security Controls .............................................................................................. 8 3.1. Risk Management Framework ...................................................................................... 8 3.2. Risk Assessment ........................................................................................................... 8 3.3. Asset Management. ....................................................................................................... 8 3.4. Disaster Recovery & Business Continuity .................................................................... 9 3.5. Outsourced Data Center Operations & Security Responsibility ................................... 9

4. Personnel Security Policy .................................................................................................... 9 4. I. Statement of Responsibility .......................................................................................... 9 4.2. Reporting of Security Incidents .................................................................................... 9 4.3. Computer Security Incident Response Team (CSIRT) ................................................. 9 4.4. Information Security Violations ................................................................................. 10 4.5. Acceptable Use ofOAG Information Technology Assets .......................................... 10 4.6. Access to OAG Information Technology Assets ........................................................ 1 I 4.7. User Identification ...................................................................................................... I I 4.8. Personal Software, Hardware and Modems ................................................................ I I 4.9. Security Awareness Program ...................................................................................... I I 4.10. Warning Statements .................................................................................................... II 4.11. Tennination ofEmployment... .................................................................................... 12 4.12. Automatic Suspension 1 Deletion of User ID's ........................................................... 12 4.13. Positions of Special Trust ........................................................................................... 12

5. Technical Security Controls ............................................................................................... 12 5.1. System Security Policy ............................................................................................... 12 5.2. System Administrators ................................................................................................ 12 5.3. System Developers ...................................................................................................... 12 5.4. Infonnation Technology Asset Protection .................................................................. 13 5.5. Vendor Access to OAG Systems ................................................................................ 13 5.6. Classification of Electronic Data and Assets .............................................................. 13 5.7. Data Destruction ......................................................................................................... 13 5.8. Configuration Management ........................................................................................ 14 5.9. Change Management .................................................................................................. 14 5.10. Data Integrity .............................................................................................................. 14

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5.11. Voice/Phone Mail ....................................................................................................... 14 5.12. E-mail.. ........................................................................................................................ 14 5.13. Wireless Systems ........................................................................................................ IS 5.14. Copyright .................................................................................................................... 15 5.15. Personal Software, Shareware and Freeware .............................................................. IS 5.16. Data Encryption .......................................................................................................... IS 5.17. Portable and Mobile Devices ...................................................................................... IS 5.18. Malware Protection Software ..................................................................................... 15 5.19. Intrusion Detection ...................................................................................................... IS 5.20. Internal Electronic Investigations ............................................................................... 16 5.21. Screen Savers .............................................................................................................. 16 5.22. User Passwords ........................................................................................................... 16 5.23. Administrator Passwords ............................................................................................ 16 5.24. System Log On & Re-Boot.. ....................................................................................... 16 5.25. System Settings ........................................................................................................... 16 5.26. Control of Peripherals ................................................................................................. 16 5.27. Security Breaches ........................................................................................................ 17 5.28. Dial-up Access ............................................................................................................ 17 5.29. Purchasing/Development Pre-Approval ..................................................................... 17 5.30. Contract Security Provisions ....................................................................................... 17 5.31. System Development, Acquisition and Testing .......................................................... 17

6. Exception, Waiver and Modification ................................................................................. 18 6.1. Waivers and Exceptions .............................................................................................. 18 6.2. Modification or Significant Changes to Procedures ................................................... 18 6.3. Executive Management Waiver .................................................................................. 18

7. Document Acceptance and Release Notice ....................................................................... 19 8. References .......................................................................................................................... 20

3/28111 Information Technology Security Policy Manual Vs 4.3 Page 3 of20


1. Information Security Polic

1.1. Attorney General Policy Statement The Office of the Attorney General (OAG) is committed to protecting the information resources that are entrusted to this agency. An effective data security protocol, supported by an appropriately rigorous security structure, is critical to the success of an information security program. The OAG's Infonnation Security Officers are responsible for managing and developing the information security program, which includes identifying and resolving all at-risk information system assets, as well as supporting the operational needs of the agency.

An effective information security program encompasses many activities requiring commitment and cooperation among both employees and management of the OAG. All infonnation resources users must be involved in the success of this strategic effort.

1.2. Scope of Policy This policy applies to all OAG "infonnation assets" that are used by or for the OAG throughout its life cycle. "Information assets" are the procedures, equipment, and software that are employed, designed, bnilt, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and associated personnel including consultants and contractors. i

This policy also applies to all users of OAG information assets, and electronic data regardless of location.

To the extent there is any conflict between this policy and the Sensitive Personal Information Privacy Policy (found at https://intranet.oag.state.tx.us/admin/hrd/policies/policyh), the latter shall control.

1.3. OAG Information Security Policy Purpose & Intent The purpose and intent of this policy document is to familiarize users of OAG information resources with the need to protect these resources in a prescribed manner and in accordance with appropriate standards.

1.4. Definiti·ons

3/28/11

Access: The physical or logical capability to interact with, or otherwise make use of information assets.

Business Continuity Planning: The process of identifying mission critical data systems and business functions, analyzing the risks and probabilities of service disruptions and developing procedures to restore those systems and functions.

Information Technology Security Policy Manual Vs 4.3 Page 4 of20


Control: Any action, device, policy, procedure, technique, or other measure that Improves security.

Encryption: The conversion of plain text (human readable) information into a mathematical cipher or algorithm to create an electronic message that conceals the true meaning.

Information Asset: The telm infOlmation asset is defined in Section 1.2 of this policy.

Information Resource Data: Any data electronically produced, modified, transmitted, or stored while in electronic form.

Information Technology Asset: A subset of the term information asset that refers to computing hardware such as a laptop computer, desktop PC, network server, or computer software.

2. Management Security Controls

2.1. State Agency Head - Attorney General The Attorney General, as the state agency head, is responsible for establishing and maintaining an information security and risk management program. ii It is the responsibility of the Attorney General to ensure that the agency's information assets are protected from the effects of damage, destruction, and unauthorized or accidental modification, access or disclosure.

2.2. Management Responsibility The protection of information assets is a management responsibility. Managing information security within the OAG requires commitment and support on the part of executive, technical and program management. All managers must be involved in the security and awareness program, and be familiar with and enforce OAG policies and procedures among their staff and employees.

2.3. Information Resources Manager (IRM) The IRM is the agency executive who must approve the information technology assets and services necessary to conduct the information security program, as well as use executive authority where necessary to enable the success of the information security program.

2.4. Information Security Officers (ISO) A full-time ISO will oversee the Administrative and Legal Divisions (A&L), while another fulltime ISO will oversee the Child Support Division (CS). The A&L ISO and CS ISO will report

3/28/11 Information Technology Security Policy Manual Vs 4.3 Page 5 of20


directly to their respective IT Directors and indirectly to the IRM. It is the ISO's duty and responsibility to:

• Manage, develop and coordinate the development of the OAG information security program and all otber information security policies, standards and procedures.

• Collaborate with IT divisions, information asset owners and executive management in the development of procedures to ensure compliance with external information security requirements.

• Develop training materials on information security for employees and all other authorized users, and collaborate with agency training staff to establish a standardized agency-wide information security training program.

• Develop and implement incident reporting and incident response processes and procedures to address any security incident/breach, violation of policy or complaint.

• SerVe as the official agency point of contact for all information security inquiries and audits.

• Develop and implement an ongoing risk assessment program, including recommending methods for, and overseeing of, vulnerability detection and testing.

• Monitor security legislation, regnlations, advisories, alerts and vulnerabilities, and communicate accordingly with IT divisions, data owners and executive management.

• Review agency information systems and provide written reports that identify potential security risks and recommended solutions as appropriate.

• Provide annual report to executive management on security program and risk mitigation.

• Collaborate with IT personnel, the Records Management Officer, and legal counsel to preserve data in accordance with appropriate data preservation and litigation hold procedures.

2.5. Information Resource Owner An information resource owner is defined as a person responsible for a business function and for determining controls and access to information resources supporting that business function. iii The state agency head or his or her designated representative(s) shall review and approve ownership of information resources and their associated responsibilities.'v For the OAG Information Resource Owners are typically Division Chiefs.

Where information resources are used by more than one division, the owners shall reach a consensus as to the designated owner with responsibility for the information resources and advise the A&L or CS ISO of their decision.v



The information owner or his or her designated representatives(s), with the CISO's concurrence, are responsible for and authorized to:

• Approve access to, and formally assign custody of, an information asset;

• Determine the asset's value;

• Specify data control requirements and convey them to users and custodians;

• Specify appropriate controls, based on risk assessment, to protect the agency's information resources from unauthorized modification, deletion or disclosure. Controls shall extend to information resources outsourced by the agency in accordance with the Department ofInformation Resources' (DIR) information security policy;

• Confinn that controls are in place to ensure the accuracy, authenticity and integrity of electronic data;

• Ensure compliance with applicable controls;

• Assign custody of infonnation technology assets and provide appropriate authority to implement security controls and procedures; and

• Review access lists based on documented security risk management decisions.

2.6. Information Custodian An information custodian is defined as any person or group who is charged with the physical possession of information teclmology assets. v; Custodians are the technical managers that provide the facilities, controls and support services to owners and users of information. Custodians of information technology assets, including entities providing outsourced information resources services to state agencies, must:

• Implement the controls specified by the owner(s);

• Provide physical and procedural safeguards for the information assets;

• Assist owners in understanding and evaluating the cost-effectiveness of controls and monitoring;

• Administer access to the information assets; and

• Implement appropriate monitoring techniques and procedures for detecting, reporting and investigating incidents.


Office of the Attomey General

2.7. Information Technology User All authorized users of OAG information technology assets (including, but not limited to, OAG personnel, temporary cmployees, contractors, sub-contractors, auditors, consultants or agents), shall formally acknowledge that they will comply with the ~AG's security policies and procedures or they shall not be !,,'Tanted access to the information technology assets. Each division's ISO will determine the method of acknowledgement and how often tbis acknowledgement must be re-executed by the user to maintain access to OAG information technology assets. v;; Users also have the responsibility to report all suspected violations of OAG information security policies to their Division Chief and the ISO responsible for their division. The ISO will tben report the suspected violation to the IRM and appropriate IT Director. (See section 3.4)

Users of OAG information technology assets shall have no expectation of privacy for infonnation contained within or processed by an OAG information technology asset. Electronic files created, sent, received by, or stored on, OAG infonnation technology assets that are owned, leased, administered, or otherwise under the custody and control of the OAG are not private and may be accessed by OAG IT employees at any time withont knowledge of the infonnation technology asset user or owner. Electronic file content may be accessed by appropriate personnel, including, but not limited to, infonnation security personnel, records management personnel and legal counsel. vm

3. Operational Security Controls

3.1. Risk Management Framework The OAG employs a risk-based information security strategy, which provides a method to eliminate or mitigate identified risk to an organization in order to maximize the positive effects of infonnation security activities while minimizing costs to the organization.

3.2. Risk Assessment It is the responsibility of the ISO's to regularly assess the risk to all OAG electronic data, systems, networks and infonnation technology operations, and report the results of the assessment to OAG executive management and other appropriate personnel.

3.3. Asset Management Management of OAG equipment including laptops, PDAs, and other IT equipment is an asset control and physical security issue and not within the scope of this Information Technology Security policy. For policy regarding those items, refer to the ~AG's general Policies and Procedures, as well as the Special High-Risk Items Policy, which may be found at https://intrane!.oag.state.tx.us(admi n(hrd(pol icies(policv.php ).

3(28(1 I Infonnation Technology Security Policy Manual V s 4.3 Page 8 of20


3.4. Disaster Recovery & Business Continuity The OAG is charged with providing a comprehensive disaster recovery plan and business continuity procedure for all essential Data Center and field operations. This activity will be supported in part by the Information Security Division (ISD).

3.5. Outsourced Data Center Operations & Security Responsibility As a requirement of House Bill 1516 by the 79th Legislature, OAG information technology systems will be consolidated at the DIR Consolidated Data Centers (CDC).

While DIR and their contractor will supply much of the required services and activities to protect OAG data, systems aud networks, the OAG still has responsibility for ensuring the safety of OAG data."

4. Personnel Security Policy

4.1. Statement of Responsibility OAG personnel are required to sign a Statement of Responsibility acknowledging that they agree to comply with all applicable information security policies, protocols and procedures as set forth in the OAG Information Security Policy ManuaL This statement of responsibility will remain a part ofthe employee's file.

4.2. Reporting of Security Incidents A security incident is defined as an event which results, or may result in unauthorized access, loss, disclosure, modification, disruption, or destruction of information resources whether accidental or deliberate.'

Employees and all other users shall immediately report all actual or suspected security incidents to their Division Chief and the appropriate ISO. The ISO will promptly notify the IRM and appropriate IT Director of the actual or suspected security incident. The ISO shall report any security incidents that affect critical systems and/or that could be propagated to other state systems outside the OAG to DIR within twenty-four hours.xi

4.3. Computer Security Incident Response Team (CSIRT) The OAG Computer Security Incident Response Team (CSIRT) is responsible for the detection, triage, response, communication and management of all information security incidents. The CSIRT will:

• ProVIde a single point of contact at OAG for managing all reported OAG information resource electronic attacks, whether suspected or actual;

• Identify and analyze what has occurred, including impact and threat;

• Research and recommend solutions and mitigation strategies;



• Share response options, recommendations, incident information and lessons learned with appropriate entities; and

• Coordinate response efforts.

The CSIR T is comprised of three separate groups that include both permanent IT personnel certified in CSIRT operations, and ad hoc personnel based on the nature of the incident:

1. Management Group: • Membership includes: The affected division's ISO and IT Director. • May include: IRM. • Responsibilities: Manage CSIRT operations (ISO), manage overall incident

response, document activities, and produce appropriate reports. Also responsible to communicate internally to executive management.

2. Technology Group: • Membership includes: Director of impacted network and Director of impacted

infrastructure and/or application. • May include subject matter experts (SMEs) from specific disciplines. • Responsibilities: Analyze event, recommend possible courses of action, and

coordinate selected response.

3. Legal Group: • Membership includes: Attorney(s) from, or assigned by, the General Counsel

Division, and the Records Management Officer. • May include: Law enforcement investigators. • Responsibilities: Produce draft of external communications; function as team's

legal representative for guidance regarding evidence gathering and other possible legal issues and activities.

4.4. Information Security Violations Violations of information security policy could result in a security breach. For this reason, violations of Information security policy will be investigated by the appropriate IT personnel. If the violation is found to be deliberate in nature, an official Information Security Violation Report (ISVR) will be issued by the appropriate ISO, with an infornlational copy provided to the Records Management Officer. Additionally, such violations will be reported to the employee's Division Chief and the Human Resources Director for corrective action. Any corrective action involving use of information technology resources must be documented and reviewed by the appropriate ISO prior to implementation.

4.5. Acceptable Use of OAG Information Technology Assets State information technology assets will be used primarily for official State purposes. Software for browsing the Internet is provided to authorized users to conduct official State business. Compliance with this policy will be electronically monitored. Any personal use must be in accordance with the OAG's policy regarding the Unauthorized Use of Government Time,



Property, Services, and Facilities, found at https://intranet.oag.state.tx.usiadmin/hrd/policies/policy.php.

Violations may result in disciplinary action, up to and including termination of employment. The unauthorized use of OAG information assets will be considered as a relevant factor in evaluating the performance of OAG employees.

4.6. Access to OAG Information Technology Assets Access to OAG information teclmology assets must be strictly controlled and monitored to provide users with only the minimum level of system access necessary to allow them to perform assigned business tasks. When access by the user requires the use of a password, or other security measure, those security measures must be kept confidential by the intended user. Remote access to OAG information systems and assets must be accomplished only through the use of an OAG-approved remote access software application.

4.7. User Identification Except for public users of systems where such access is authorized by the appropriate ISO or other appropriate IT personnel, each system user shall be assigned a unique personal identifier or user identification (User ID) to ,allow system access.

4.8. Personal Software, Hardware and Modems Personal software may not be loaded onto any OAG computer, nor may personally-owned hardware, including modems and wireless routers, be connected to OAG information systems. Any hardware or software required for a business purpose of the agency must be approved for use by the appropriate ISO and must be obtained through the appropriate ITS Division.

4.9. Security Awareness Program The OAG will provide an ongoing Information Security Awareness training program to educate employees and all other personnel with access to OAG data and information systems about data security and the protection of OAG information resources. This training will include the establishment of security awareness and familiarization with OAG security policies and procedures through both New Employee Orientation and ongoing refresher training.

4.10. Warning Statements System identification screens will be provided at the time of initial logon to the mainframe or LAN/WAN. These screens will provide the following warning statements:

• Unauthorized use is prohibited.

• Usage may be subject to security testing and monitoring.

• Misuse may be subject to disciplinary action.

• No expectation of privacy is to be anticipated by the user.

3/28111 Information Technology Security Policy Manual Vs 4.3 Page 11 0[20


4.11. Termination of Employment Computer user identifications (User IDs) for employees that have voluntarily terminated employment with the OAG must be removed from the computer system immediately following termination. For involuntary terminations, the ID should be removed prior to, or at the same time the employee is notified of the termination in order to protect OAG data and information assets.

4.12. Automatic Suspension I Deletion of User ID's Mainframe, LAN and Remote Access User IDs will be monitored for usage to protect system security, and any unused user IDs will be subject to automatic suspension after 30 days, and deletion after 60 days without notice to the user, unless an exception has been approved in accordance with this policy.

4.13. Positions of Special Trust The ISOs will establish procedures for reviewing information resource functions to determine which positions require special trust or responsibilities. These include, but are not limited to:

• Network and system administrators; • Users with access to information systems that process or contain federal tax information; • Users with access to child support systems and data that may include federal tax

infonnation; • Users with access to financial and accounting systems or networks; • Any user with agency-wide access to data and information systems; and • Any user required to undergo a background check as a prerequisite to employment or

grant of system access.

5. Technical Security Controls

5.1. System Security Policy The following policies cover specific issues as they relate to the security of information systems and data within the OAG, and are governed by the procedures outlined in the OAG Information Security Procedures Manual.

5.2. System Administrators System administrators are responsible for adding, removing or modifYing user accounts as employees change roles within the agency. This activity must be accomplished in a timely manner to ensure only authorized personnel have access to OAG systems and information. Changes to user accounts may be subject to independent audit review.

5.3. System Developers All production software development and software maintenance activities performed by in-house staff must adhere to agency security policies, standards, procedures, and other systems development conventions including appropriate testing, training and documentation.



5.4. Information Technology Asset Protection OAG data and information technology assets will be protected from unauthorized access, use, modification or destruction through the deployment of protective measures. The design, acquisition and use of all protective measures must be reviewed and approved by the appropriate ISO.

5.5. Vendor Access to OAG Systems Access to OAG systems and data hy vendors (including contractors, sub-contractors, auditors, consultants or agents) must be appropriately controlled depending on the work to be performed, sensitivity levels of the data involved, work location, and other relevant considerations. All requests for vendor access must be coordinated with and approved by the appropriate IT department and ISO prior to access being granted.

5.6. Classification of Electronic Data and Assets OAG electronic data and the information technology assets used to process, transmit, and store it should he assigned an appropriate classification level to assist in the proper safeguarding of the data. As higher classification levels require the agency to incur greater costs in order to safeguard data, care should be taken to accurately classify assets. Assets of varying classifications that are co-mingled in a single database or file system shall be classified at the highest level of the information contained in the data.

For the limited purposes of this policy, the OAG has two classifications of electronic data:

• CONFIDENTIAL AND SENSITIVE - This classification includes data that may be deemed confidential or protected by Texas or federal laws and/or administrative rules, and sensitive information, which if subject to a security breach, could compromise the agency's business functions or the privacy or security of agency employees, clients, or partners. Information in this category may only be provided to external parties in accordance with OAG policies and procedures.

• UNCLASSIFIED - This refers to all data that does not meet the requirements for CONFIDENTIAL AND SENSITIVE as described herein, as designated by the originating source of the data and/or the originator of any derivative data with guidance from 1 TAC § 202.1 (3); DIR Classification Guidance, and any other applicable regulation or law.

• The default classification for all electronic data is CONFIDENTIAL AND SENSITIVE.

5.7. Data Destruction OAG data should only be destroyed in accordance with the applicable records retention schedule, or upon the receipt of proper authorization from the State Library and Archives Commission. OAG data contai.ned on magnetic or optical media must be removed from the media prior to the media being transferred out of the control of the authorized user, or the media must be physically destroyed in accordance with the appropriate document destruction gnidelines applicable to that information.



5.B. Configuration Management Configuration management (CM) is the process of managing the effects of changes or differences in configurations of an information system or uetwork through the implementation of strict protocols and testing in order to reduce the risk of changes resulting in a compromise to data security, confidentiality, integrity, or availability. All systems will be configured and maintained only in accordance with approved IT and Information Security configuration management (CM) guidelines.

5.9. Change Management Change management refers to tbe safeguards and procedures established for making modifications to OAG systems and networks. All such modifications must be processed through the appropriate change control procedure, with any OAG systems residing at a Consolidated Data Center (CDC) additionally being subject to the DIR and its contractor change management process.

5.10. Data Integrity Data integrity refers to ensuring that data remains complete and unchanged during the course of any electronic processing, transfer, storage, or retrieval. To promote data integrity, individual users of OAG information assets must follow data integrity procedures applicable to their level of user access to OAG data, and take adequate precautions to safeguard against the loss of OAG data, including but not limited to:

• Performing regular backups ofOAG data as may be appropriate; • Taking physical and procedural safeguards to avoid the accidental loss, destruction or

unauthorized modification of OAG data; • Ensuring proper and routine use of virus protection software/anti-malware; and • Coordinating with and seeking assistance from IT personnel as may be appropriate to

safeguard OAG data.

5.11. Voice/Phone Mail The ~AG's voice or phone mail systems use agency information assets. Accordingly, each user is responsible for ensuring that use of these services is in compliance with applicable law, policy and procedures. All requests for changes, modifications, or termination of voicemail services must be initiated through the ITS Division.

5.12. E-mail Electronic mail (e-mail) is a form of communication that uses agency information assets. All use of e-mail must be in accordance with OAG policies and procedures regarding the use of infoDnation assets.

Upon the ~AG's implementation of an agency-approved email encryption process, employees may not send CONFIDENTIAL AND SENSITIVE OAG data in the body of an email or as an email attachment across unsecured connections such as the Internet, unless it is encrypted using a process approved by both the appropriate IT Director and ISO.



5.13. Wireless Systems Wireless networks or routers may not be used without the prior authorization of both the appropriate IT Director and ISO. All wireless connectivity (Wi-Fi) to OAG networks must be in accordance with current IT architectural direction, Information Technology Security Policy, and OAG policies and procedures relating to the use of mobile telecommunications devices.

5.14. Copyright Generally, the reproduction of copyrighted information is a violation of federal law. Therefore, OAG information assets should not be used to reproduce copyrighted information. Unauthorized copies of software shall not be loaded or executed on OAG information technology assets. Regular audits will be conducted to search for unauthorized software installed on machines.

5.15. Personal Software, Shareware and Freeware Personal software, shareware and freeware may not be loaded or otherwise used on OAG systems unless there is a business necessity for the use of such programs, and their installation and use is specifically approved by both the appropriate IT Director and ISO.

5.16. Data Encryption All OAG laptops must have encrypted hard drives to safeguard data in the event the device is lost or stolen. Those divisions who choose to employ data encryption for transmission or storage of CONFIDENTIAL AND SENSITIVE data shall adopt the 256 bit Advanced Encryption Standard (AES), or 128 bit Single Sockets Layer (SSLlTLS) as a minimum. No encryption will be used without the prior approval of both the appropriate IT Director and ISO.

5.17. Portable and Mobile Devices All laptops and other mobile telecommunications devices (PDAs, network capable cell phones, BlackBerry's, etc.) must be approved for use and supplied by the appropriate ITS Division. Only OAG laptops installed with full-disk encryption, anti-malware safeguards, and secure connectivity are authorized for use with OAG data and networks.

5.18. Malware Protection Software All workstations and laptops must use approved malware protection software and configurations, regardless of whether they are connected to OAG networks or are used as a standalone device. Additionally, each file server attached to the OAG network and each e-mail gateway must utilize OAG IT -approved e-mail malware protection software and/or hardware. Users shall not alter, disable, bypass, or adjust any settings or configurations for OAG malware protection software in any manner.

5.19. Intrusion Detection Intrusion detection techniques will be deployed wherever possible in order to safeguard against unauthorized attempts to access, manipulate, or disable OAG networks. Intrusion detection activities may be conducted only by specially-trained personnel within the OAG using techniques approved by the appropriate ISO.



5.20. Internal Electronic Investigations All internal electronic investigations must be authorized by, and conducted under the supervision of, the appropriate ISO unless otherwise approved by the First Assistant Attorney General. No other investigation is authorized on OAG systems or networks. Any unauthorized electronic investigation or monitoring discovered on OAG systems or networks will be reviewed by the Information Security Division and may result in disciplinary action np to and including tClmination of employment.

5.21. Screen Savers To reduce the likelihood of unauthorized access to OAG data, systems and networks, all OAG workstations, including laptop computers, must be configured to activate password-protected screensavers after no more than fifteen minutes of user inactivity. An employee should not leave his or her workstation unless the password-protected screensaver has been activated or, if possible, the workstation has been secured by a locked door.

5.22. User Passwords Systems that use passwords shall follow the standards on password usage prescribed by DIR found at htlp://www2.dir.state. tx.us/security/policyiPages/policy.aspx. This document specifies minimum criteria and provides guidance for selecting additional password security criteria. Disclosure of an individual's password or use of an unauthorized password or access device may result in disciplinary action up to and including termination of employment.

5.23. Administrator Passwords All system administrators will maintain and use both a standard nser password and a system administrator password ("super user" password). The system administrator password will be used only for system administrator activities. All common applications and system activities (email, calendar, etc.) must be accessed by the system administrator only with their standard user password.

5.24. System Log On & Re-Boot All OAG workstations, including laptop computers, must be connected to the OAG network at least once weekly in order to receive appropriate application updates and security patches. Additionally, all systems must be re-booted (shut down and restarted) at least once a week to ensure these updates and patches are installed appropriately.

5.25. System Settings All OAG systems are specifically configured to ensure that users have the appropriate ability to perform assigned tasks. Users shall not modify, change or attempt to change any system settings. If additional user access, permissions or system setting changes are required, then a request for the modification must be approved by the user's manager and submitted to the appropriate IT Division for handling.

5.26. Control of Peripherals A peripheral device is any device attached to a computer in order to expand its functionality, such as USB flash drives, CD burners, or PCMCIA card slots. The ability to use peripheral



devices may be controlled on some OAG systems; nsers are not anthorized and should not attempt to change control settings in order to use peripheral devices on these systems. Adding or deleting peripherals on these systems may only be accomplished by IT personnel.

5.27. Security Breaches A security breach is defmed as any event which results in loss, disclosure, unauthorized modification, or destruction of infonnation resources. Users shall immediately report all actual or suspected security breaches to their Division Chief and the ISO responsible for their division. The responsible ISO will promptly report the suspected or actual security breach to the appropriate IT Director and lRM. Depending on the nature of the infonnation involved, additional procedures may be required in accordance with the Sensitive Personal Infonnation Privacy Policy.

5.28. Dial-up Access For dial-up access to OAG systems other than access authorized for the public, infonnation security protocols shall be employed to positively and uniquely identify authorized users and authenticate user access to the requested system. All modems used for dial-up access to OAG systems must be authorized by the appropriate IT Director and ISO.

5.29. Purchasing/Development Pre-Approval All OAG purchases, acquisitions, or developments of infonnation technology services, equipment or software must be reviewed and pre-approved by the appropriate ISO to detennine whether the purchase may negatively impact OAG infonnation technology security. All purchases of infonnation technology security products, or products with infonnation technology security functionality or impact, must be approved by the IRM and appropriate ISO prior to the issuance of a purchase order.

5.30. Contract Security Provisions All third-party contracts must contain appropriate language to ensure the security of OAG infonnation to which the third-party may have access, even if such access is limited to encrypted data. This language must state in clear and unambiguous tenns the security requirements placed on the third-party involved, and their responsibilities for security under the contract. It must also clearly state OAG's authority to audit their security procedures for appropriateness during the length of the contract. xii

All contracts to which the OAG is a party and that affect OAG infonnation technology security must be reviewed and approved by the appropriate ISO prior to execution in order to ensure that appropriate security controls are included.

5.31. System Development, Acquisition and Testing Data and network security requirements must be considered and addressed in all phases of the development or acquisition of new infonnation processing systems. Before being placed into use, all new systems must be properly tested in order to ensure compatibility with OAG infonnation systems and the OAG computing environment. During system testing, test functions shall be

3/28/11 Infonnation Technology Security Policy Manual V s 4.3 Page 17 of20

Office of the Attomey General

kept either physically or logically separate from production functions in order to safeguard OAG data and information technology systems.

6. Exception. Waiver and Modification

6.1. Waivers and Exceptions Waivers and exceptions to the existing information security policies and procedures are strongly discouraged because they may pose an unacceptable risk to protected OAG data and systems. Prior to implementation, all exceptions or waivers of existing security policies or procedures must be reviewed and approved by the IRM, appropriate IT Director, appropriate ISO, and reported to the Records Management Officer.

• A waiver is a variance of a control standard that is limited to a specific period of time and to a specific system in order to allow IT personnel to perform an approved change or modification to OAG systems.

• An exception is an indefinite variance from a control standard supported by a valid and ongoing business justification.

6.2. Modification or Significant Changes to Procedures All changes in the procedures to protect OAG IT systems and data must be reviewed by the appropriate IT Director and approved by the appropriate ISO prior to implementation. If immediate changes to procedures are required to meet an emergency situation, A&L and/or CS ISO, and the Records Management Officer must be informed as soon as possible thereafter.

6.3. Executive Management Waiver Not withstanding any provisions to the contrary contained herein, waivers, exceptions and modifications to the information security policies and procedures may be authorized in writing at the discretion of the First Assistant Attomey General.


Office ofthe Attomey General

7. Document Acceptance 'ana Release Notice

This is Version 4.2 of the OAG Information Security Division Security Policy Manual.

The OAG Information Security Division Security Policy Manual is a managed document. . Changes will be issued only as a complete replacement document. Recipients should remove superseded versions from circulation. This document is authorized for release after all signatures have been obtained.

Please submit all requests for changes to the owner/author of this document.

O~ 1/J, a (LjjJ Mike O'Connell, A&L Information Security Officer

DATE: April 5, 2011

OWNER: ~r;;z¥~~~E~:h:!f:::::::=::::'::::::::::.-~DATE: April 5, 2011 Kathleen;[lOnaho; aeger, CSD Information Security Officer

-_..--'

EXECUTIVE SPONSOR: ~...... ....PATE: April 5, 2011 Diane B. Smith, Deputy for Administration and Information Resources Manager



8. References

, Tex. Gov't Code § 2054.003(7).

ii 1 TAC § 202.20.

iii I TAC § 202.1

i'1 TAC § 202.21.

'1 TAC § 202.21.

,i 1 TAC § 202.21.

,ii 1 TAC § 202.27.

,iii See generally, 1 TAC Chapter 202.

i'l TAC § 202.21.

'1 TAC § 202.1.

,i 1 TAC § 202.26.

,ii 1 TAC § 202.25(6)(B).

3/28111 Infonnation Technology Security Policy Manual Vs 4.3 Page 20 of20

ATTACHMENT B

ATTACHMENT C

https://portal.cs.oag.state.tx.us/wps/myportal 1 of 1 05/30/2012

ATTACHMENT D

Data Integrity Procedures Changes to Case Information

Before updating member/ case infOImation, such as home address, phone number, etc., verify the caller's identity. Ask the caller for the following identifiers:

Name Date of Birth Home address

If there is any doubt about the caller's identity after these identifier's have been obtained, ask for the children names and date of birth.

When pertinent information is unavailable on registry-only (RO) cases, county staff are prevented from verifying a caller's identity. Once all attempts to verify the caller's identity have been exhausted, instruct the caller to take one of the following actions in order to have the member/case information updated on TXCSESWeb:

• Mail: a copy of a photo ID

• information to be updated • proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) to the county address

• FAX: a photo ID

• information to be updated • proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) to the county FAX number

• E-mail the information to be updated with a scanned copy of the proof/verification information to be updated (ie., home address, SSN card, drivers license, etc.) to the county email address

• In Person (District Clerk Office or Domestic Relations Office): a photo ID information to be updated proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.)

• Visit the local child support office that is assigned to work the RO case and provide: a photo ID information to be updated proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.)

ATTACHMENT E

CERTIFICATION REGARDING LOBBYING U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION FOR CHILDREN AND FAMILIES FORMF

PROGRAM: CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT OF 1935 AS ADMINISTERED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS

PERIOD: September 1, 2012 to August 31,2014

Certification for Contracts, Grants, Loans and Cooperative Agreements

The undersigned certifies, to the best ofhi5 or her knowledge and belief, that:

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

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

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature Datc

Title

Organization

Form F ~ Certification Regarding Lobbying Page 1 of I

IRS 1075 (August 2010)

ATTACHMENT F SAFEGUARDING CONTRACT LANGUAGE (Pages 99 - 103)

The agency should include the Exhibit 7 language for either General Services or Technology Services, as appropriate and include the language below to the greatest extent possible, applicable to the specific situation.

CONTRACT LANGUAGE FOR GENERAL SERVICES

I. PERFORMANCE

In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements:

(1) All work will be performed under the supervision of the contractor or the contractor's responsible employees.

(2) Any Federal tax returns or return information (hereafter referred to as returns or return information) made available shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone other than an officer or employee of the contractor is prohibited.

(3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output and products will be given the same level of protection as required for the source material.

(4) No work involving returns and return information furnished under this contract will be subcontracted without prior written approval of the IRS.

(5) The contractor will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office.

(6) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above.

(7) (Include any additional safeguards that may be appropriate.)

II. CRIMINAL/CIVIL SANCTIONS

(1) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an ex1ent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431 and set forth at 26 CFR 301.61 03(n)-1.

http://www .irs.gov/pub/; rs-pdf/p 1075. pdf Page 1 of 5

IRS 1075 (August 2010)

ATTACHMENT F (Pages 99 - 103)

SAFEGUARDING CONTRACT LANGUAGE

(2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for Federal employees] in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. The penaltiesare prescribed by IRC Sections 7213A and 7431.

(3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974,5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of hislher employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

(4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the agency's security policy and procedures for safeguarding IRS information. Contractors must maintain their authorization to access FTI through annual recertification. The initial certification and recertification must be documented and placed in the agency's files for review. As part of the certification and at least annually afterwards, contractors should be advised of the provisions of IRC Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec. 7431 Civil Damages for Unauthorized Disclosure of Retums and Retum Information and Exhibit 5, IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For both the initial certification and the annual certification, the contractor should sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements.

III. INSPECTION

The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards.

http://www . irs.gov/publirs-pdf/p 107 5.pdf Page 2 of 5

IRS 1075 (August 2010) ATTACHMENT F SAFEGUARDING CONTRACT LANGUAGE (Pages 99 - 103)

CONTRACT LANGUAGE FOR TECHNOLOGY SERVICES

I. PERFORMANCE

In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements:

(1) All work will be done under the supervision of the contractor or the contractor's employees.

(2) Any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material will be treated as confidential and will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an officer or employee of the contractor will be prohibited.

(3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material.

(4) The contractor certifies that the data processed during the performance of this contract will be completely purged from all data storage components of his or her computer facility, and no output will be retained by the contractor at the time the work is completed. If immediate purging of all data storage components is not possible, the contractor certifies that any IRS data remaining in any storage component will be safeguarded to prevent unauthorized disclosures.

(5) Any spoilage or any intermediate hard copy printout that may result during the processing of IRS data will be given to the agency or his or her designee. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts, and will provide the agency or his or her designee with a statement containing the date of destruction, description of material destroyed, and the method used.

(6) All computer systems receiving, processing, storing, or transmitting Federal tax information must meet the requirements defined in IRS Publication 1075. To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to Federal tax information.

(7) No work involving Federal tax information furnished under this contract will be subcontracted without prior written approval of the IRS.

(8) The contractor will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office.

(9) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above.

(10) (Include any additional safeguards that may be appropriate.)

http://www. irs.gov/publirs-pdf/p 1 075. pdf Page 3 of 5

IRS 1075 (August 2010) ATTACHMENT F (Pages 99 - 103)


II. CRIMINAL/CIVIL SANCTIONS:

(1) Each officer or employee of any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution, Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure, These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301,6103(n)-1,

(2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution, Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for Federal employees] in an amount equal to the sum of the greater of $1,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action, These penalties are prescribed by IRC section 7213A and 7431,

(3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974,5 U,S,C, 552a, Specifically, 5 U,S,C, 552a(i)(1), which is made applicable to contractors by 5 U,S,c, 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000,

(4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the agency's security policy and procedures for safeguarding IRS information, Contractors must maintain their authorization to access FTI through annual recertification, The initial certification and recertification must be documented and placed in the agency's files for review, As part of the certification and at least annually afterwards, contractors should be advised of the provisions of IRC Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec, 7431 Civil Damages for Unauthorized Disclosure of Returns and Return Information and Exhibit 5, IRC Sec, 7213 Unauthorized Disclosure of Information), The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting

http://www, irs.aovlpubli rs-pdflp 1 075.pdf Page 4 of 5

IRS 1075 (August 2010) ATTACHMENT F (Pages 99 - 103)


unauthorized disclosures and data breaches. (See Section 10) For both the initial certification and the annual certification, the contractor should sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements.

III. INSPECTION:

The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases

http://www.irs.gov/pub/irs·pdf/p1075.pdf Page 5 of 5

DALLAS COUNTY

Information Technology

INCIDENT RESPONSE PLAN

Adopted December 4, 2007

ATTACHMENT G

COURT ORDER

2007 2 ~2r-;. ORDER NO: ____ v U

DATE: DECE],lBER 18, 2007

STATE OF TEXAS §

COUNTY OF DALLAS §


___ 18_t_h __ ,dayof ___________ D_e_cem_t_e_r _________________ ,2007, on

a motion made by Mike Cantrell, Commissioner of District No.2 , and seconded by "

K.::e::nn=e::th:.:....:A;;.:.c...:.:Ma:::yLf:.:i:.:e:.:l:.:d2., _C::;o:.:n1llU=·:.:s:.:s.::i::on:.:e:.:r:.....::o:.:f_D;:.l::;· s:..;t:.:r:.:i,;:.c:;.,t ...:N...:o-,._4 ___ , the fo lJowing Court Order was adopted:

WHEREAS, the Commissioners Court was briefed on December 4, 2007 regarding the Information Technology Incident Response Plan; and

WHEREAS, the policy was developed in response to requirements oflhe biannual contract with Office of the Attorney General Child Support Division; and

WHEREAS, the policy provides a process to effectively manage IT incidents which may adversely impact Dallas County, support and overall County IT Security Strategy and meet industry and regulatory requirements.

IT [S THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the Information Technology Incident Response Plan as shown in Attachment A and the incorporation of such policy into the Dallas County Code.

DONE IN OPEN COURT this the __ ::18:..:t::.:.h day of ___ ..::.:::=F"-____ _

\

Recommendedb~~ Robert Clines, CIO

ike Cantrell, District #2

Table of Contents

Overview ......... ""'"'''''''''''''''''''' ...... , ................................................................... , ............. 3 Computer Incident Response Team .................................................................................... 3 Tenninology ........................................................................................... 4 Amendment Record ........................................................................................................... .4 Roles and Responsibilities .................................................................................................. 5 Notification Process ............................................................................................... , ............ 6 Caller Verification .............................................................................................................. 6 Information Verification ..................................................................................................... 6 Validation I Initial Analysis and Assessment ..................................................................... 6 Dallas County Contact Information .................................................................................... 8 Generic Incident Flow Chart ..................... '" ................................. , .............. 9 Incident Jdentification ....................................................................................................... 10 Incident Survey ................................................................................................................. II Incident Containment ........................................................................................................ 12 Incident Eradication .......................................................................................................... 13

Overview

Dallas County information Technology Incident Response Plan

The Dallas County Computer Incident Response Plan is designed to provide a general guidance to county staff, both technical and managerial, to:

• enable quick and efficient recovery in the event of security incidents which may threaten the integrity and/or confidentiality of ESJ (Electronic Stored Information);

• respond in a systematic manner to incidents and carry out all necessary steps to handle an incident;

• prevent or minimize disruption of mission-critical services • minimize loss or theft of confidential data· • identify and track user accounts and/or data for eDiscovery

The plan identifies and describes the roles and responsibilities and outlines steps to take upon discovery of or possibility of wlauthorized access to confidential data.

Computer Incident Response Team

The Incident Response Plan has been established to provide a quick, effective and orderly response to any threat to confidential data or eDiscovery request. The Computer Incident Response Team (Cffi.T) mission is to prevent a serious Joss ofinfonnation assets or public confidence by providing an immediate, effective and skillful response to any unexpected event involving computer infonnation systems, networks or databases. The Team is responsible for investigating suspected security incidents in a timely manner and reporting findings to management and the appropriate authorities as required and ensuring ESI is identified, preserved and collected in support of legal request.

Confident-ial Page 3 11/28/2007

Terminology

merm . .~ " ... . . , ··i[1ermitlor.r) '" .:", ,.''":'. :c:,:'.\:-. ~' - ;:: . ,

I "

IDS Intrusion Detection System

Alert Abbreviated from IDS alert. Refers to an alert generated by the IDS software I signaling a network event believed to represent either anomalous or malicious traffic.

Event l Refers to any observable occurrence in a system and/or network, Examples of ! events include: the system boot sequence; a system crash: and packet flooding

within a network. Incident Refers to an adverse event in an information system and/or network or the

threat of the occurrence of such an event. An incident implies harm or the attempt to harm. Used, jn the context of CIRT, interchangeably with ~computer

I security incidenL~ The notification of an incident can come from an alert or by huma ri·g e nera ted- messaae.

Authorized Submitter Designated DaUas County Human Resources, or Legal representative with the authority to authorize reQuests tor investiqations.

Qualified Party An individual or individuals who by virtue of employment, contract, or other ,

binding ways and means are designated or accepted as a jegltJmate source of claims and/or notification of alerts and/or incidents.

CIRT Comouter !ncldent Response Team investigation Refers to an event requiring assistance and/or coordination by CIRT in matters

such as acceptable usage policy (AUP) violations, loss of equlpment, or infonnation to be gathered or contained in support of legal subpoenas, search warrants, court orders, etc., are considered Investigations.

eDiscovety Eiectron(c Discov91Y refers to discovery in litigation cases which deals with Information in electronlc form or ESJ.

ESI E~ectronical!y Stored lnfolmation is any data or information stored in an

i , electronic format such as email, netvJork files, databases, tape drives or , voicemail.

Amendment Record

Version Date Author Comment 1,0 Oct. 31,2007 Randy Guin

i ,

I I

Confidential Page 4 11128/2007

Roles and Responsibilities

Position Roles and Resoonsibilities Infollnatioli • Initiate incident Response Plan Technology Security • Determine nature and scop'e of the lndden,t or request Officer • Escalate to executive management as appropriate

• Contact other govemment departments or agencies as appropriate I • Monitor and report progress of investigation o Ensure evidence gathering and preservation is appropriate • Provide guidance throughout the investigation on issues relating to privacy of

customer and employee personal information • Assist ,in developing approprrate communication to impacted parties • Assess the need to change privacy poHcies, procedures and/or practices as a

result of the breach • Prepare and provide a written summary of the incident and corrective action I taken

Dallas County • Central point of contact for all computer incidents Service Desk • Notify IT Security Officer to activate Incident Response Plan

i • Complete incident Identlfication form (Attachment One) and attach to Service Desk tickel

Computer Incident • Document the types of data or personal information that may have been Response Team breached

• Coordinate investigation, as required, with all support and end user personnel

I • Collect alf pertinent information regarding the incident • Complete Incident Response Forms, as appropriate, and attach to Service

Desk ticket • Coordinate and collect data lor lenal investiqatlons / request

Netvvork Architecture • Analyze network traffic for signs of extemal attack

· Run tracing tool and event loggers • Look for signs of firewall breach

· Contact extemal intemet service provider for assistance as appropriate • Take necessarv action Lo block traffic from Suso€cted Intruder

Operating Systems · Ensure all service packs and patches are current on mission-critical computers Architecture • Ensure backups are in place for alJ critical systems

· Examine svstem loas of critil:al $lIstems for unusual activity

I Business Appfications • Monitor business applications and services for signs of attack

• Review audit logs of mission~critjcal servers for signs of suspicious activity

· Contact CIRt with anv information relatina to a susnected breach Internal Auditing • Review systems to ensure compliance with information security peifey and

controls

I · Perform appropriate audit test work to' ensure mission-critical systems are

current with service packs and patches

· Renort anv svstem control oaQs to manaoement for corrective action

Confidential Page 5 11118/2007

Notification Process Legal and HR request can only be made by authorized submitters, Request will be made directl y to the Information Security Officer.

Dallas County employees will report any suspected security related incidents via the Dallas County Service Desk number 214-653-7900, TI,e service desk will engage the IT Security Officer, (Additional notification will be dependent on the severity level assigned)

Caller Verification

After the call has been completed and the required incident information has been captured, but prior to action taken in response to the incident, ClRT will verify the identity of the caller as a qualified party and/or the infonnation provided to ensure the legitimacy of all claims and protect the confidentiality of the requestor.

Information Verification

Before any information can be used during an incident investigation, ClRT will verify the authenticity of the security claim and ensure that the information provided is correct. Information referred to ClRT that falls outside the scope of CIRT wili be redirected to the appropriate Dallas County department.

Any and all information concerning the incident will be provided on a need to know basis only as designated by the Dallas County IT Security team, District Attorney or Human Resources, The incident information to be provided win be limited to only thaI necessary to respond to the incident and will be designated confidential. All recipients will be made aware oflbe prohibition on redistribution,

Validation I Initial Analysis and Assessment

CIRT will collect and review all of the information pertaining to the incident or investigation in order to understand and determine the impact, severity, and potential implications for Dallas County, Information available with regards to the incident must be vetted against the different severity levels,

Confidential Page 6 IlI28/2007

Severity Level Definitions The table below provides Severity Level definitions and related actions;

2

I

3

4

I 5

Confidential

Major impact. Significant impact to oaUas County·, the problem is of major impact and highly visible. to Dallas County andlor their business operations; there is no workaround that has been Implemented available.

-Breach of Privacy Information has been confirmed. -Validated IDS events and reported incidents may fall into this category depehd'ing upon impact and visibility. -Impact to Dalias County operation'al ability

High impact. A large percent of Dallas County is affected; the problem is of high impact and highly visible to Dallas County and/or its business operations; a tried and proven workaround is available,

-Breach of Privacy Information tS probable,' but not confinned or denied. .Validated IDS events and reported incidents may faU into this category dependant upon Impact and visibility . • Val'!dated VirUS Outbreaks .Imoact to Dallas County Operations Moderate impact, A small percent of DaUas County IS affected andfor the problem has limited visibility, The system may remain operational, however, in a degraded manner, and/or a tried and proven workaround is available.

-Breach of Privacy Information IS possible, bt..'t unlikely and is not confirmed or is denied. .Reported incidents that have oat been v-afidated . • Reported incidents that have been validated as moderate, "Validated IDS aJerts-once validated, the severity may be raised depending upon impact. -HR / Acceptabfe Usage Reports investigations. ",Requests for non-Incident related data discovery, forensic acquisition, and/or forensic investrgations, -leaal related investioations. Dallas County can stil! achieve full functionality and normal perfonr,ance, as long as the work around is followed.

-All IDS alerts initiaUy are assigned a Severity 4. The severity level can be changed based on impact assessment and findings. If the severity is increased, the incident receiVes attention based on the new severity assignment. .IDS false positives.

IDS aierts reported initially as Severity 4 and have been researched and identified as posing no threat to DaUas

I County are redirected to the IT Operations Team to provide I further analysis as appropriate.

I No Breach of Privacy Information possible.

Page 7

I

I i i

I

Requires escalation to the DalJas County CIO, appropriate executive management andlor other government agencies within 15 minutes of validation.

Conclusion Report within five (5) business days.

Requires escalation to the DaHas County CIO, appropriate executive management and/or other government agencies within 15 minutes of validation.

Conclusion Report within five (5) business days.

May require escalation.

Does not require a Conclusion Report.

Does not require escalation.

Does not require a Conclusion Report.

Does not require escalation.

Does not require a Conclusion Report

11/28/2007

I

I I i i

I

o II County Contact Information a as

Name(s) Phone

Email address Posiiion Number

Chief Information Officer I Robert Clines I 214-653-7339 [email protected] (CIO) I

I Information Technology I

214-653-6547 [email protected] Security Officer I Randy Guin

Assistant Chief of Infomnation Rodney 214-653-6341 [email protected]

Technology. Operations Christain Assistant Chief of Infomnation

Gwen Hurd 214-653-7809 [email protected] Technolooy Applications Assistant Chief of Information

Melvin 214-653-7570 [email protected] Technology Program

Randie Manaoement

Information Technology Wayne 214-653-6072 [email protected] Ooerations Manaoer Henderson

Internal Audit Brian

214-653-6472 [email protected] Stevens I

Confidential Page 8 11/281200)

.

Generic Incident Flow Chart

B.~!jI~_~~~.~~~.l~·r~~~~~~~.~{~t:,:,:j::~:·'·;':~~~:~T.,j'" {ill Receipt Validation Notification Conclusion

il:..:'i <~\I

,gi 111',

:0:;' ••••••••••••••••••••••••••••••• -•••••••••••••••••••••••••••••• ~

Greall! ~<i;'t!ll'l'lth iIlitmi

dol:;l)!OOr\lto!1oo

------~

Caller sod int=tlon \l$rlfl.':aOOn

.......... ".1 ......... . ,~~'"

nJitlat& irdtiJl !I1lUlysls

EJ r .... -... l ..... .

~li[lattl

!rewrity incidem

. C¢t1duSoion repOrt

~ roquimd

Confidential Page 9 11I28i2007

Incident Identification

Date Updated: _____ _

General Information Incident Detector/Requestor Information:

Name: ______________ _

TitlelDepartrnent: _____________ _

Phone: _____________ _

Email:

Date and Time DetectedIRequest:

Location Incident Detected From:

Incident Summary

Type oflncidcnt Detected: • Denial of.Servi(~e • Malicious Code Incident Location:

Site:

Unauthorized Use • Unauthorized Access

Sjte Point Of Contact: _________ _

Phone: ------Email:

Severity level ]2345

• Espionage • Other _______ _

Attachment One

• Probe • Hoax

Notification list: _____________________________ _

Additional Information: ------------------------

Confidential Page 10 J 112812007

us

Attachment Two

Incident Survey

Date Updated; ______ _

Location(s)fList of affected systems/personnel: ___________________________ _

Date and time incident handlers arrived at site: ____________________ _

Describe affected information system(s): ______________________ _

Is the affected system connected to a network'! YES NO

Is the affected system connected to a modem? YES NO

Describe the physical security of the iocation of affected information systems (locks, security alarms, buUding access) etc.):

Confidential Page 11 11/28/2007

incident Containment

Date Updated: ______ _

Isolate A'm~cted Systems!

rT Security Officer approved removal from network?

If 'YES, date and time system" were removed:

If NO, state reason:

Backup Affected Systems:

YES NO

Successful backup for all systems: YES NO

Name ofperson(s) performing backup:

Attachment Three

Date and time backups started: _______________________ _

Date and time backups complete: _______________________ _


Attachment Four

Incident Eradication

Date Updated: ______ _

Name of person(s) performing forensicsfcorrectlve action on system{s):

WaS' the vulnerability identified: YES NO

Describe:


Office of the Attorney General - Child Support Division Certificate of Destruction for Contractors and Vendors ATTACHMENT H

Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanitization and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800-88, Guidelines for Media Sanitization. httQ:llcsrc,nist.gov/QubllcationsinistQubs/800-88!NfSTSP800-88 rev1.Qdf

Contact Name Title 'Name and Phone

You may attach an inventory of the media if needed for bulk media disposition or destruction.

Media Type Media Title I : Name

I HARD COPY I ELECTRONIC

Media Description (Paper, Microfilm, Computer Media, Tapes, etc.)

Dates of Records

, Record i ; Number OAG Item Number Make I Model Serial Number

Who I Who ve"deo, Item Sanitization Phone I Phone

Uy DATE I

Sanitization Method and/or Product Used -7

I Destruction I Disposal Final Disposition of Media I I to Man'

Other: Comments:

If any OAG Data is retained, indicate the type of storage media, physic~llocations(s),.and anyplanned.destruction date.

i ,ofOAG Data land

Proposed method of destruction for OAG approval: Type of storage media?

,

Within five (5) days of destruction or purging, provide the OAG with a signed statement containing the date of clearing, purging or destruction, description of OAGdata cleared, purged or destroyed and the method(s) used ..

Authorized approval has been received for the destruction of media identified above and has met all OAG Records Retention Schedule requirements including state,federal andlor internal audit requirements and is not pending any open records requests.

Records Destroyed by: 1J~1 Records Destruction Verified by:

«,~' i Date 'if: . Date

Be sure to enter name and contact info for who completed the data destruction and who_verified data destruction in the fields above.

Send the signed Certificate of Destruction to:

OAG: Child Support Division, Infonmation Security Office, PO Box 12017, Austin, TX 78711-2017

SH Revised: 02-08-12 1 of 2

Office of the Attorney General - Child Support Division Certificate of Destruction for Contractors and Vendors ATTACHMENT H

INSTRUCTIONS FOR CERTIFICATE OF DESTRUCTION

, Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanitization and disposal actions. The media must be. protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800-88, Guidelines for Media Sanitization. htlp:lJcsrc.nisLgov/publications/nistpubsf800·88/NISTSP800·88 rev1.pdf

IRS Publication 1075 directs us to the FISMA requirements and NIST guidelines for sanitization and disposition of media used for federal tax information (FTI). These guidelines are also required for sensitive or confidential information that may include personally identifiable information (PII) or protected health information (PHI). NIST 800-88, Appendix A contains a matrix of media with minimum recommended sanitization techniques for clearing, purging, or destroying various media types. This appendix is to be used with the decision flow chart provided in NIST 800-88, Section 5.

There are two primary types of media in common use:

• Hard Copy. Hard copy media is physical representations of information. Paper printouts, printer and facsimile ribbons, drums, and platens are all examples of hard copy media.

• Electronic (or soft copy), Electronic media are the bits and bytes contained in hard drives, random access memory (RAM), read-only memory (ROM), disks, memory devices, phOnes, mobile computing devices, networking equipment, and many other types listed in NIST SP 800-88, Appendix A

1. For media being reused within your organization, use the CLEAR procedure for the appropriate type of media. Then validate the media is cleared and document the media status and disposition.

2. For media to be reused outside your organization or if leaving your organization for any reason, use the PURGE procedure for the appropriate type of media. Then validate the media is purged and document the media status and disposition. Note that some PURGE techniques such as degaussing will typically render the media (such as a hard drive) permanently unusable.

3. For media that will not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is destroyed and document the media status and disposition.

4. For media that has been damaged (I.e. crashed drive) and can not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is destroyed and document the media status and disposition.

5. If immediate purging of all data storage components is not possible, data remaining in any storage component will be protected to prevent unauthorized disclosures. Within twenty (20) business days of contract expiration or termination, provide OAG with a signed statement detailing the nature of OAG data retained type of storage media, physical location, planned destruction date, and the proposed methods of destruction for OAG approval.

6. Send the signed Certificate of Destruction to:

OAG: Child Support Division Information Security Office PO Box 12017 Austin, TX 78711-2017

Final Distribution Original to:

of Certificate Copy to:

SH Revised: 02-08-12

FAX to: 512-460-6970

or send as an email attachment to:

[email protected]

Willie Harvey, Information Security Officer 512-460-6764

1. Your Company Records Management Liaison - or - !nformation Security Officer

2. CSD Contract Manager

2012

COURT ORDER f f~) Q

ORDER NO: ______ t 0,",

DATE: September 25 , 2012

STATE OF TEXAS

COUNTY OF DALLAS


_________ 2_5t_h __________________ dayof ___________ S_e~p~t~e~rn_b_er~ _________________ ,2012, on

a motion made by Dr, Elba Garcia, Commissioner of District No, 4 , and seconded by

__ M_i_k_e_Ca_n_t_r_e_l_l_, _C_o_mrru __ '_S_Sl_' o_I_le_r_of_D_i_s_t_r_ic_'t_N_o_, __ 2 _______ , the following Court Order was adopted:

WHEREAS, County Judge Clay Lewis Jenkins has completed the necessary hours of continuing education for the current reporting period as attested by the attached Judicial Education Record issued by the Texas Association of Counties ; and

WHEREAS, it is appropriate that a copy of this document be filed with the County Clerk and made available for public view.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County Commissioners Court does through this COLlli Order hereby file the attached Judicial Education Record of continuing education hours issued to County Judge Clay Lewis Jenkins by the Texas Association of Counties"


Recommended by:'H_--r'-l--j;.""-¥'L-"--__ -"-" _____ __

JUDICIAL EDUCATION RECORD

Fiscal Year Reporting Period 9/1/2011 - 8/31/2012

Id: 232051 Honorable Clay Jenkins Judge Term: 1/1/2011 -12/31/2014

Dallas County 411 Elm St Dallas, TX 75202-3301 Phone: (214) 653-7949 Fax:

Date

7/6/2011

7/15/2011

8/24/2011

4/12/2012

6/4/2012

Description

2011 Texas Bar - Advanced Personal Injury Law Course 7/6/11 -7/8/11

2011 NACO Annual Conference 7/15/11 -7/19/11

2011 Texas Bar - Advanced Civil Trial Course, Dallas

Advanced Insurance Law Course, Dallas

State Bar of Texas Online Course

You have met your education requirement for this reporting period. You may carry forward to the next reporting period 1.50 hours.

Judicial Education Requirements

A judge who took office January 1, 2011 must have 41.00 hours of judicial education by August 31, 2012, which represents the required 30 hours for the first 12 months plus 1.33 hours per month until the end of the fiscal year (August 31, 2012).

Judicial Education Questions If you have questions pertaining to your judicial education records, please contact Joyce Francis at 800-456-5974.

Print Date: 09/11/2012

Earned Hours

10.00

2.50

15.00

13.00

2.00

TE XAS As S DeIATI O,N of GaUNT I ES

JUDICIAL EDUCATION RECORD

Fiscal Year Reporting Period 9/1/2011 - 8/31/2012

Print Oate: 09/11/2012

TEXAS ASSOCIATION Of COUNTIES

COURT ORDER

ORDERNO. ________ _


STATE OF TEXAS § §

COUNTY OF DALLAS §


on the 25th day of September, 2012, on a motion made by Dr. Elba Garcia, District 114

and seconded by Mike Cantrell, District 112 the following Order was adopted:

WHEREAS, on April 3, 2012, the Dallas County Commissioners Court was briefed on a request to reallocate Community Development Block Grant (CDBG) funds ($25,365.51) from two completed Cedar Hill CDBG projects ( 466.6650.2209.9511-$11,472.33 and 466.6650.20 I 0.9511-$12,893.18)tothe current FY20 II Cedar Hill Sanitary Sewer Line Improvement Project; and

WHEREAS, this request is consistent with the County's strategic plan which seeks to improve/promote economic development.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized to execute the required Amendment for the FY20 II Cedar Hill Sanitary Sewer Line Improvement Project to include reallocated CDBG funds ($25,365.51) from two completed Cedar Hill CDBG projects (466.6650.2209.9511-$11,472.33 and 466.6650.201 0.9511-$12,893.18).

/ '\

DONE IN OPEN CO· RtithiS the 25th day of September, 2012.

() Maurine Dickey Commissioner District # 1

Mike Cantrell Commissioner District #2

LluL Dr. Elba Garcia Commissioner District #4

Recommended by: -IPii'--___ c-J~+~"__ ____ + __ -, ~

COURT ORDER

ORDER NO. 't:I J p {~,

"1. ()


STATE OF TEXAS §

COUNTY OF DALLAS §

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

the _~2",5,-th _____ day of ___ --"S"'ep"'t"'e-'!m"'b"'e"-r ___________ , 2012, on motion made by

_D_r_._E_l_b_a_G_a_r_c_i_a_,_Co_mm_l_"s_s_l_·o_n_e_r_o_f_D_i_s_t_r_i_c_t_H_4 _____________ ., and seconded by

Mike Cantrell, Commissioner of District H2 _____________________________ , the following Order was adopted:

WHEREAS, on September 18,2012 the Commissioners Comi was briefed by the Office of Infonnation Technology Depatiment for the extension of the Personal Services Contract with Austin Ribbon & Computer (ARC) for the services of John Desanges, Mainframe COBOL Developer; and

WHEREAS, the tenn of this contract was from April 16, 2012 through September 28, 2012 and the term of Amendment No. I will be from October 1,2012 through March 15,2013; and

WHEREAS, the cost of the contract will not exceed $64,320.00, and funding for the Personal Services Contract is available in the Major Technology Unallocated Reserves fund to be transferred to the Professional Services account (195.1090.05590); and

WHEREAS, the Commissioners Court exempts this Contract from the requirement of Texas Local Government Code § 262.023 under the professional service exemption of § 262.024; and

WHEREAS, this contract aligns with the Commissioners Comi Strategic Plan, Vision 1: Dallas County Government models interagency partnerships and collaboration; Strategy: 1.4. Improve the customer experience by implementing standards of operation, innovation and technology.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby approve the extension of the Personal Services Contract with Austin Ribbon & Computer (ARC) for the services of John Desangcs and authorizes the Dallas County Judge to sign Amendment No.1 on behalf of Dallas County.

25th day of September 20 2.

Maul' . ickey ~ Commissioner District # J Mike Cantrell

Dr. Elba Garcia Commissioner District #4

Recommende . ~-Ql----~ ~

#2

AMENDMENT NO.1 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT")

Between DALLAS COUNTY, TEXAS ("COUNTY")

And AUSTIN RIBBON & COMPUTER ("CONTRACTOR")

FOR THE PERSONAL SERVICES OF JOHN DESANGES

Pursuant to the authority of the Texas Local Government Code, Chapter 262, and the approval of the Dallas County Commissioners Court, County and Contractor (the "Parties") hereby amend the Contract approved by the County Commissioners Court on April 10, 2012 by Court Order No. 2012-0610 by this Amendment No. I (the "Amendment") to renew the term of the Contract and to increase the Not-to-Exceed Amount of the Contract, as follow:

1. Section 2, the Term of the Contract is renewed by this Amendment and will be effective from October I, 2012 at 12:01 A.M. and will terminate on March IS, 2013 at 11:59 P.M., Central Standard Time.

2. Section 4E, the Payment for Services in the Contract is modified by this Amendment to add an additional Sixty Four Thousand, Three Hundred and Twenty and No/lOO Dollars ($64,320.00) to the Not-to-Exceed amount and thereby will increase the maximum amount to be paid under the Contract and this Amendment, which shall not exceed One Hundred and Twenty Eight Thousand, Six hundred and Forty and Noll 00 Dollars ($128,640.00).

3. All other terms, conditions, and provisions of the Contract approved on April 10, 2012 via Court Order No. 2012-0610 will remain in full force and effect.

4. The Contract is incorporated herein by reference for all purposes.

5. Each Party represents that it has the full and legal right, power, and authority to enter into and perform this Amendment, in accordance with the terms and conditions provided herein and that the execution of this Amendment is being made by the authorized representatives of the Parties to validly and legally bind each Party to all terms, conditions, performances, and the provisions as set forth in this Amendment and the Contract.

[SIGNATURES APPEAR ON THE NEXT PAGE].

AMENDMENT NO.1 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT") - Page I of2

AUSTIN RIBBON & COMPUTER ("CONTRACTOR"):

By: --------------------------Anne Fieldings, Director of Staffing

By: ________________________ __

John Desanges

DALLAS COUNTY ("COUNTY"):

RECOMMEN ED:

tanley Victrum Chief Information Officer

APPROVED AS TO FORM*:

CRAIG WATKINS DISTRI~)TORNEY

/ :/ / /'

Deborah J agai Assistant District Attorney

Date: __________ __

Date: ------------

Date: September 25, 2012

*BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS

OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A

LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF

THIS DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT.

OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR

CLIENT. OTHER PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW

AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S).

AMENDMENT NO.1 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT") - Page 2 of 2

COURT ORDER

ORDER NO. 586 DATE:

STATE OF TEXAS §

COUNTY OF DALLAS §

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

25th day of September ,2012, on motion made by Dr. Elba Garcia, District 114

Mike Cantrell, District #2 and seconded by __________________ , the following Order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Office ofInformation Technology initially briefed the Commissioners Court concerning the contract with IBM for three years of pre-paid hardware and software maintenance on September 18,2012; and

three years of maintenance' was included in the initial purchase of the hardware and software; and

no additional funding is required from Dallas County; and

this request is consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED thatthe Dallas County Commissioners Court authorizes the County Judge to sign the Master Services Attachment for ServiceElite between Dallas County and IBM at no additional cost to

:::::o,.~ fP~" _~2",,5'.lth'L-__ day of __ -"S,"e 2!t;ilemI!b!2'e;rr _____ ~"..",~;6 . '0/ I/b.:5T~ __

Maurine Dickey MIke Cantrell

--{j~2~~~e~~c~0~m:..I~:.-'iS ...... ,'""cr Dom" , dl" ;;2 Commissioner, District 4

--------- - ------= ~:E~E: Master Services Attachment for ServiceElite 1. Scope of Services

IBM will provide you Services as described in this Attachment and, if applicable, its Statements of Work and Change Authorizations to support your hardware and software products (called "Eligible Machines", "Eligible Programs", and together "Eligible Products"). Services are available for Eligible Products normaUy used for business, professional, or trade purposes, rather than personal, famlly, or household purposes.

IBM will identify the Eligible Products, the Services that apply to them, and the Services transaction contract period in Schedules that reference this Attachment and any associated Statements of Work and Change Authorizations. Each Schedule will also identify the Specified Locations at which the Services wi!! be provided. A Specified Location may be your entire information processing environment, or a portion thereof, which may be resident at multiple sites Of a single building.

The specific terms regarding EHgible Machine Services and Eligible Program Services contained in this Attachment and its Statements of Work and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program support Service as specified in a Schedule.

2. Sales through IBM and IBM Business Partners

You may acquire Services through IBM or an IBM Business Partner, or their designee, authorized to resell IBM Services. IBM Business Partners establish the price and general business terms at which they market the IBM Services to you and they will communicate these directly to you for alt transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities associated with these Services. Therefore, IBM will provide the Services as described in this Attachment and its associated Statements of Work: and Change Authorizations (and their Schedules).

Whenever IBM is required to provide notification to you or you are required to provide notification to 18M, each of us also agrees to notify the applicable IBM Business Partner if one is engaged in the transaction.

In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services, for any reason, IBM will so notify you in writing. You may continue to receive the Services by instructing IBM (in writing) to transfer administration of the Services to either 1) another IBM Business Partner of your choice (who may require you to first execute one of their agreements) that is approved to offer you IBM Services, or 2} IBM under a standard direct marketing relationship that enables IBM to generate charges and invoicing.

IBM is not responsible for 1) any actions of IBM Business Partners or their designees, 2) any additional obligations they have to you, or 3) any products or services that they supply to you under their agreements.

3. IBM Responsibilities

When you contract for an applicable Service, IBM agrees to deliver the Service in accordance with the terms and responsibilities identified in the Service description set out in this Attachment or an associated Statement of Work or Change Authorization. For basic maintenance of IBM Machines, the Service description is set out in our Agreement (referenced in the Signature block below),

4. Your Responsibilities

When you contract for an applicable Service, you agree:

1. to provide IBM with an inventory in which you identify all Eligible Products to be covered at each Specified Location and to notify IBM whenever you move, add, or delete Eligible Products at an existing Specified Location or set up new Specified Locations;

2. that when an applicable Service includes IBM providing you with access codes to electronic diagnostic tools, information databases, or other Service delivery facilities, you will limit the use of these to only those who are authorized to use them under your control and only in support of Eligible Products and Services identified in Schedules;

3. to provide IBM with the necessary information it requests to perform Services which are related to its provision of the Services to you and to notify IBM of any changes;

4. to pay any communications charges associated with accessing these Services including but not limited to phone and internet connection charges, unless IBM specifies otherwise in writing;

5. to use the information obtained under these Services only for the support of the information processing requirements within your Enterprise;

6. to securely erase from any Machine that you return to IBM for any reason all programs not provided by IBM with the Machine and data, including without limitation, the following: 1) information about identified or identifiable individuals or legal entities ("Personal Data") and 2) your confidential or proprietary information and other data. If removing or deleting Personal Data is not possible, you agree to transform such information (e.g. by making it anonymous or encrypting it) so that it no longer qualifies as Personal Data under applicable law. You also agree to remove all monetary funds from Machines returned to IBM. IBM is not responsible for any funds, programs not provided by IBM with the Machine, or data contained in a Machine that you return to IBM. You acknowiedge that, to perform its responsibilities, IBM may ship all or part of the Machine or its software to other IBM or third party locations around the world, and you authorize IBM to do so; and

7. acknowledge that Services wiH be performed on-site at your location, and off-site at IBM location(s). You also understand and acknowledge that IBM is permitted to use global resources (non-permanent residents used locally and personnel in locations worldwide) for delivery of Services.

Z125-7227-16 05-2012 (MK076) contract AH6LGO (prepared 08/14/1216:55 CMORRIS) Page 1 of 5

5. Mutual Responsibilities

Each of us will comply with applicable export and import laws and regulations, including those of the United States that prohibit or limit export of certain uses or to certain end users, and each of us will cooperate with the other by providing all necessary information to the other, as needed for compliance. Each of us shall provide the other with advance written notice prior to providing the other party with access to data requiring an export license.

6. Automatic Inventory Increase for Machine and Software Maintenance Services

If specified as a selected option in the Schedule, IBM will automatically increase the inventory count and associated Services at Specified Locations per the terms set out below.

OPTION #1 • MACHINE MAINTENANCE SERVICES

IBM will automatically increase the inventory count and associated Machine maintenance Services whenever:

1. an Eligible IBM Machine is added to the inventory. If the Machine is under warranty when added, maintenance Services will commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the start of the transaction contract period. IBM Machines specifically excluded from coverage at transaction contract period start will remain outside the scope of this Section unless you request IBM add them during the transaction contract period. However, all Eligible IBM Machines added to your inventory during the transaction contract period will be included in the inventory count and receive maintenance Services as set out in this Section.

2. an Eligible non-IBM Machine, of the same type as other non~IBM Machines already covered at that Specified Location, is added to the inventory. If the Machine is under warranty when added, maintenance Services will commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the start of the transaction contract period.

The maintenance Services that apply for these Machines wi!! be the same as that which you are receiving for aU other Eligible Machines of the same type at the Specified Location, unless agreed upon in writing by both parties.

Newly installed IBM Machines of the same type for which you have already selected Warranty Service Upgrade wi!! be added at date of actual installation and will be covered at the same Warranty Service Upgrade support level.

If at any time either of us requests a review of the inventory count, each of us wi\! provide reasonable cooperation to the other in updating the last formal inventory.

OPTION #2 - SOFTWARE SERVICES

IBM will automatically increase the inventory count and associated software Services whenever an Eligible Program licensed for use on an Eligible IBM Machine is added to the inventory. The software maintenance Services that apply for these programs will be the same as that which you are receiving for all other copies of the Program licensed for use on Eligible IBM Machines of the same type at the Specified Location.

These software Services wi!! commence immediately upon addition of the Eligible Program to the inventory except that for software maintenance Services, a) ]f the Program is covered under the Agreement for Acqu'ls'it\on of Software Maintenance when added to the 'Inventory, then software maintenance Services via ServiceElite will commence at the expiration date of that support period, or b) if the Program is not covered under the Agreement for Acqu'lsition of Software Maintenance when added to the inventory, then software maintenance Services via ServiceEllte will commence immediately and After License Fees may apply

If at any time either of us requests a review of the inventory count, each of us will provide reasonable cooperation to the other in updating the last formal inventory.

7. Charges and Payment

For sales through IBM. your charges are calculated taking into account your Service selections. price protection option, payment option, and for prepayments, length of the prepay period.

FOR EACH TRANSACTION PACKAGE YOU MAY SELECT ONE OF THE FOLLOWING 3 PRICE PROTECTION OPTIONS. YOUR SELECTION WILL BE SPECIFIED IN THE SCHEDULE ASSOCIATED WITH THAT TRANSACTION PACKAGE.

OPTION #1 ANNUAL - PRICE PROTECTION DURING EACH TRANSACTION CONTRACT YEAR ONLY IBM may revise charges. However, any rate increase will not take effect until the next yearly anniversary of the start of the transaction contract period. At the start of each transaction contract year, you will be invoiced at the charge rates that are then in effect and that invoice will serve as your notice of charge rate changes.

All newly added Eligible Products and Services, as well as changes to existing Eligible Product configurations and Services, wlll assume the charge rate that applied for these at the previous yearly anniversary of the start of the transaction contract period. Eligible Products and Services that become generally available during the transaction contract period will be added at the charge rate that applied on their initial availability date.

OPTION #2 FULL - PRICE PROTECTION FOR ENTIRE TRANSACTION CONTRACT PERIOD. INCLUDES PROTECTION FOR NEWLY ADDED MACHINE TYPES For the entire transaction contract period, charges for included Eligible Product configurations and Services will not increase. All newly added Eligible Products and Services, as well as changes to existing Eligible Product configurations and Services, wilt assume the charge rate that applied for these at transaction contract period start. Eligible Products and Services that become generally available during the transaction contract period will be added at the charge rate that applied on their initial availability date. You will receive the benefit of a decrease in applicable charges for amounts which become due on or after the effective date of the decrease.

Z125-7227-16 05-2012 (MK076) contract AH6LGO (prepared 08/14/12 16:55 CMORRIS) Page 2 of5

OPTION #3 PREPAY· PRICE PROTECTION FOR TRANSACTION CONTRACT PERIOD PREPAY Since you have selected to prepay for the entire transaction contract period, you wiU not be subject to increases in charges (during that period) for included Eligible Product configurations and Services. All newly added Eligible Products and Services, as well as changes to existing Eligible Product configurations and Services, will assume the charge rate that applied for these at transaction contract period start with adjustment for the reduced prepay period. Eligible Products and Services that become generally available during the transaction contract period will be added subject to the charge rate that applied on their initial availability date with adjustment for the reduced prepay period. If you elect to have these charge terms apply for charges during any renewal transaction contract period (as recalculated at the start of each renewal period), you must provide IBM written notification (at least one month prior to the start of the renewal period) and prepayment for the entire renewal period. Otherwise, charges for the renewal period wl11 revert to a quarterly bilHng cycle under the terms set out for Option #1 above.

FOR EACH TRANSACTION PACKAGE, THE FOLLOWING CHARGE ADJUSTMENT TERMS APPLY.

Total Services charges may be adjusted whenever:

1. a review of the inventory count indicates a change from the last accounting; or 2. a Specified Location is affected by a change that results in additional costs (e.g. a change in tax rates), Eligible Machine type, or Service

is added, deleted, or cha nged.

J!l!§"!~:!!J!!!l!7.yy,our IBM Business Partner sets Ihe charges and terms governing charges. Your IBM Business an some actions (e.g. termination), or for IBM's provision of some additional services (e.g.

~~'~~~rfz~~t~::~i\~ These actions or I . services are identified in this Attachment and its associated Statements of Work and Change P an asterisk ("""). Where you see an asterisk, check with your IBM Business Partner to determine if you will incur an additional charge or may be entitled 10 a credit or refund. You wHi make payment directly to your IBM Business Partner.

IBM may charge you directly for certain expenses IBM incurs in peliormance of a Service for you (e.g. actual travel and living expenses, out~of·pocket expenses). IBM wHi not incur these expenses without your prior written approval.

8. Renewal and Termination

IBM will automatically renew Services unless you or your IBM Business Partner request otherwise. For each transaction the Schedule wiH specify the number of years (0 or greater) in the Renewal Contract Period. Whenever this number is greater than 0, IBM will renew the applicable Services at the end of the transaction contract period for the number of years specified. Thereafter, IBM will automatically renew the Services for same length periods unless you or your IBM Business Partner notify IBM in advance of your deSire to change the length of the renewal. You, your IBM Business Partner, or IBM can select not to renew by providing written notification (at least one month prior to the end of the current transaction contract period) to the others of its decision not to renew. Nonrenewal notification sent to you by IBM or received by IBM from either you or your IBM Business Partner wiH result in IBM ceasing to provide you the applicable Services at the end of the current transaction contract period.

In case of renewals, charges are recalculated at the start of each renewal period, For sales through IBM, the new charges will be based on the length of the Renewal Contract Period and then current charges associated with your contracted a) Services, b) price protection option, and c) payment option.

You have committed to continue Services for the entire transaction contract period. However, you may terminate Services for an Eligible Product, on notice to IBM, if you permanently remove it from productive use within your Enterprise. You may also terminate Services immediately prior to the start of any fiscal year for which funds have not been appropriated. You agree to request such funds from the appllcable legislative body.

Otherwise, if you choose to terminate Services and these are not being replaced by equivalent Services, you may do so by providing IBM one month's written notice, however, the Services must have been under contract for at least one fiscal year upon termination.

Termination adjustment fees will not apply and you will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision. *

9. Services Warranty Service Upgrade For certain Eligible Machines, you may select a Service upgrade from the standard type of warranty Service for the Machine. IBM provides Service for Machines as described in our Agreement but charges for the upgrade in type of Service during the warranty period.

You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty period ends, the Machine wi!! become part of your standard inventory count and wiU convert to maintenance Service at the same type of Service you selected for warranty Service upgrade.

Maintenance of IBM Machines IBM will provide Service for Machines, as described in our Agreement, for those Eligible IBM Machines specified in the Schedule.

Certain Machine types may require the installation and use of remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution.

A machine is only considered "Eligible" if it is operational and in conformance with its official published speCifications on the contract start date. AU Eligible Machines must be in good working order. For more details contact your sales representative.

Maintenance of Non-IBM Machines IBM will provide Service for Machines, as described in our Agreement, for those Eligible non~!BM Machines specified in the Schedule. Unless specified otherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are responsible for following the manufacturer's and IBM's provided guidelines pertaining to operator responsibilities, maintenance procedures, and supplies prior to placing a Servlce request.

2125·7227·16 05·2012 (MK076) contract AH6LGO (prepared 08/14/1216:55 CMORRIS) Page 3 of 5

Repair of non-IBM Machines is subject to the availability of repair parts and any technical support required of the original manufacturer. Repair parts will be functionally equivalent to those replaced. They may be new or used and may have been manufactured by other than the original manufacturer. You may request that IBM use repair parts manufactured by the original manufacturer when these are available, but there may be an additional charge for these parts.*

In addition to items set forth in the Agreement. IBM's support does not cover:

1. Machine installation, engineering change activity, or preventive maintenance;

2. correction of date related errors. IBM will make the final detennination of whether a date related error is the source of the problem:

3. service of microcode or finnware: or

4. service of features, parts, or devices not supplied by either a) the Machine's original manufacturer or b) IBM during the periormance of this Service.

Upon written notice, IBM may terminate coverage for an Eligible non-IBM Machine due to lack of available repair parts or lack of original manufacturer technical support.

Eligible non-IBM Machines must meet IBM's safety and serviceability requirements. IBM reserves the right to inspect a Machine within one month from the start of Service. If the Machine is not in an acceptable condition for Service, IBM will notify you and terminate coverage for the inspected machine.

You agree to provide IBM one month's written notice prior to terminating coverage for a Machine being permanently removed from productive use within your Enterprise. You wijj receive a prorated credit for any remaining prepaid period associated with the terminated coverage unless indicated otherwise in the transaction document.

IBM Software Maintenance IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order this Service.

General:

1. IBM makes available to you the most current commercially available version, release or update to all of the Eligible Programs for which you acquire support under this Service, should any be made available. Information on ordering versions, releases or updates can be found at http://www-05.ibm.com/servers/eserver/ess/OpenServlet.wss , and selecting the Entitled Software Update ("ESU") screen tab.

2. IBM provides you with assistance for your a) routine, short duration installation and usage (how-to) questions and b) code defect related questions.

3. IBM provides assistance via telephone and, if available, electronic access, only to your Information Systems ("IS") technical support personnel during normal business hours (normal business hours are 8:00 a.m, to 5:00 p,m. in the local time zone where you receive this Service, Monday through Friday, excluding national holidays). This assistance is not available to your end users. IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support

Guide, which may be found at http://WNW14.software.ibm.com/webapp/set2/sas/f/handbooklhome.htm!for details. A 24x7 (every day of the year) all severity option is available for an extra charge.* During normal business hours, IBM's response time objective is two hours for voice and electroniC problem submissions. For voice problem submissions during other than normal business hours, IBM's response time objective for critical problems (Severity 1) is wo hours and if available and you select the 24x7 all severity option, four hours for non-critical problems. For electronic problem submissions during other than normal business hours, IBM's response time objective is within two hours of the start of normal bUSiness hours on the next business day. IBM's initial response (either voice or electronic) may result in resolution of your problem or it wi!! form the basis for determining what additional actions may be required to achieve technical resolution of your problem. IBM is not responsible for delays in electronic response delivery caused by systems and network problems.

4. In some instances, IBM may request that you allow it to remotely access your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your permission. If you decline providing remote access to your system by IBM, IBM may be limited in its ability to fuHy provide the Services necessary to resolve the problem and if IBM is unable to do so, IBM wiU notify you and close out the service call.

5. This Service does not include assistance for a) the design and development of applications, b) your use of Eligible Programs in other than their specified operating environment, or c) failures caused by products for which IBM is not responsible under this Service.

6. This Service is provided solely for servers that are located within the United States. For calls that originate from outside of the United States: 1) toll free telephone access is not available, 2) "8:00 a.m. to 5:00 p.m. in the local time zone" is defined as the time zone where your designated Point of Contact resides, Monday through Friday (excluding national holidays), 3) replies or other return communication to the caner will be via a United States telephone number provided by you or electroniC means only, 4) software "traps" or other tools that may be necessary to diagnose problems will be sent only to the United States server location, and 5) the diagnosis and repair of data encryption wi!! be discussed only with personnel at the United States server Jocation.

7. All support will be provided in the English language only.

Eligible Programs: Licensed programs for which this Service is available are listed at http://\t\fV"1IW~03.jbm.com/services/sl/productsf or may be obtained from your IBM representative. The listing of Eligible Programs contains the last date of service for each respective release of ilcensed programs. IBM will support only current releases. It is your responsibiJity to ensure that, when calling in for service, your software is current. Software Maintenance After License Fee: The Software Maintenance After Ucense fee is a one time charge to resume Software Maintenance if you a) did not renew this Service prior to the end of the then current support period or b) terminated this Service. The new support period in such an instance begins on the date that IBM accepts your order. Optional Feature Support In addition to your purchase of IBM Maintenance for selected IBM products andlor Software Maintenance for your AIX Operating System and selected License Program Products, you may purchase IBM's Support via USA Citizens for software or Support via USA Citizens for hardware feature. This feature provides standard IBM remote hardware and software support delivered and managed exclusively by USA Citizens who are located in the continental United States. IBM Support via USA Citizens is available via voice support during prime shift only for software. Your hardware support will be 24x7. Each time you call IBM, this feature's process will be engaged only after you identify yourself as a Support via USA Citizens customer and IBM verifies your entitlement for this feature. Your hardware error data for analysis and cal! data will be managed by USA Citizens only. Machine Control Program Remote Support This remote support Service is provided only for Machine Control Programs. The term "Machine Control Program" ("MCP") means code delivered with an IBM Machine that executes below the external user interface (e.g. is implemented in a part of storage that is not addressable by user programs).

Z12S-7227-16 OS-2012 (MK076) contract AH6LGO (prepared 08/14/1216:S5 CMORRIS) Page 4 of 5

IBM wi!! provide you remote assistance (via telephone from 18M's support center or via electronic access) in response to your routine installation, configuration, and usage (how~to) questions pertaining to MCPs on your covered IBM Machines. This assistance is provided during normal business hours (8:00 a.m. to 5:00 p.m. in the local time zone where you receive the Service, Monday through Friday, excluding national holidays). For an additional charge*, you may upgrade your Service hours of coverage to 24 x 7.

Remote Support does not include assistance for 1) the design and development of code, 2) your use of a MCP in other than its specified operating environment, 3) use on other than the specified machine, or 4) failures caused by products for which IBM is not responsible under this Service. This Service does not include on~s1te assistance at your location.

ThiS 1) Attachment, 2) its applicable Transaction Documents (e.g. Statements of Work, Change Authorizations and Schedules), and 3) the IBM Customer Agreement (or an equivalent agreement in effect between us) identified below ("Agreement") comprise the complete agreement regarding the Services described in this Attachment and its applicable Transaction Documents and replace any prior oral or written communications between Customer and IBM. Each party accepts the terms of this Attachment by signing this Attachment (or another document that incorporates it by reference) by hand or, where recognized by law, electronically.

As used in this Attachment, "you" and "your" refer to the transaction contracting entity that is part of the Enterprise identified below.

Agreed to: \ DALLAS COU NTY 1/

(County)

Agreed to: International Business Machines Corporation

By ~ BY_---+-~~~.,.,---/ _~_~ __ ---------------------------------I \ c unty Judge

Date:

Rec0'.'Jl.l~f!I"'eil" -----Stanley Victrum

Cia, Office of Information Technology

APPROVED AS TO FORM':

CRAIG WATKINS

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

Enterprise number: 02331300

Enterprise address: DALLAS COUNTY 600 COMMERCE ST DALLAS TX 75202-4606

Authorized Signature

Name (type or print):

Date:

Reference Agreement number:

Attachment number:

IBM address:

IBM CORPORATION 7100 HIGHLAND PARKWAY SMYRNA, GA 30082

Z125-7227-16 05-2012 (MK076) contract AH6LGO (prepared 08/14/12 16:55 CMORRIS) Page 5 of 5

(,)} 11 ~ '¥ l' 8' I"'j "'UJ. ,. 'I ORDERNO: ____________ __

DA TE: September 25, 2012

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER


the 25th day of September, 2012 on motion made by Dr. ELba Garcia, District 114 , and seconded

by Mike Cantrell, District 112 , the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on September 18, 2012; and V. T.CA., Local Government Code, Paragraph 118.131, as amended, authorizes Commissioners Court of each County to set reasonable fees to be charged for certain services performed by the Offices of Sheriff and Constables; and

WHEREAS, an analysis of the projected costs of Sheriff and Constables services has been prepared and a determination made as to the level of fees required to recoup the costs to Dallas County for this service; and

WHEREAS, the Commissioners Court is of the opinion that the following fees are reasonable and should be established for this service in Dallas County effective January 1, 2013,

For simultaneous execution or attempted execution of Temporary Restraining Order and Notice in Domestic Relations Court cases, the Sheriff and Constable shall receive a fee of ........................................................................................ $90.00

For each person, corporation or legal entity, on whom service of subpoena, citation, summons, or process not otherwise provided for, is performed or attempted and return made, including mileage, if ffi1y, the Sheriff and Constables shall receive a fee of:

County, District & Probate CourL ............................. $75.00 Justice Courts and Small Claims .................................. $75.00

For each person, corporation or legal entity, on whom service of citation or notice is by publication, the Sheriff and Constables shall receive a fee of.."""" ...... ,, ........... $65.00 (plus the costs of publication)

For each person, corporation or legal entity, on whom service of citation or notice is by registered or certified mail, the SheritI and Constables shall receive a fee of ... $65.00 (includes the costs of registered or certified mail)

For executing or attempting to execute each writ of garnishment, injunction writ, distress warrant, writ of attachment, writ of sequestration, writ of execution, order of sale, tax warrant, or writ not otherwise provided for, the Sheriff and Constables shall receive a fee as follows:

Temporary Restraining Order. ............................................. $75.00 Writs of Sequestration ....................................................... $140.00 Writs ofGarnishment... .................................................... $140.00 Writs of Execution ............................................................ $140.00 Other Writs not Specifically Listed .................................... $140.00 Order of Sale .................................................................... $140.00 Canceled Sales (excluding tax sales) .............................. $36.00 per hour

per deputy plus incurred costs Tax Warrant. ....................................................... $140.00 only when a sale For Executing each Mental Illness Warrant a fee of ......... $140.00 Writs of Possession (without fee for posting notice) ............ $140.00 plus

Thirty-six dollars ($36) per deputy hour after three (3) hours Writs of Possession (with $20 fee for posting notice) ......... $160.00 plus

Thirty-six dollars ($36) per deputy hour after three (3) hours (Includes $20 fee for posting notice as required by Property Code Chapter 24.0061 or Tax Code Chapter 33.51)

For bailiff services rendered by a deputy sheriff or reserve deputy sheriff, the sheriff shall receive a one time fee in each case before the court in:

County Court ................................................... $20.00 District Cour!.. .................................................. $20.00

Said bailiff fee shall be deposited to a bailiff fee special fund or account and shall be used exclusively to reimburse the County for costs expended in providing bailiffs as a judicial support service.

Commissions for collecting money on an Execution, Order of Sale or Tax Warrant when the collection is made by a sale:

For the first Ten Thousand Dollars ($10,000) or portion thereof, ten percent (10%); and

For amounts over the first Ten Thousand Dollars ($10,000), two and one-halfpercen! (2.5%),

With the total commissions per sale limited to Five Thousand ($5,000) plus costs and deputy hours worked in excess of ten (l0) hours at a rate of Thirty-Six Dollars ($36) per hour.

When the money is collected by the Sheriff or Constable without a sale for an Execution or Order of Sale (no commission on a Tax Warrant without a sale or a canceled sale), one half (Y2) of the above rates, limited to Two Thousand Five Hundred Dollars ($2,500) plus costs shall be allowed. Commission calculations should include judgment, interest and attorney fees collected while excluding any court costs.

Impounding and boarding of livestock: Impounding Small ............................................. $25 .00 Impounding Large ............................................. $75.00 Boarding (per day) Small .............................. $4.00 Boarding (per day) Large ..................................... $8.00

Sheriffs Office Fees: Vehicle Storage .................................................. $25.00 Vehicle Storage Garage Keeper ......................... $15.00 Clearance Letter ................................................ $3 5.00 Bond l.D. Card .................................................. $10.00 Posting Notices .................................................... $20 .00 Fingerprint card ................................................... $ 5 .00 Mug shot (new photo) ................................. $5.00

Gun Range Fees: Rifle, Handgun, or Shotgun Range ................ $100.00 per hour Live Fire Training Building ........................ $1 00.00 per hour Less Lethal Building ................................ $100.00 per hour Defensive Tactics Building ........................... $75 .00 per hour Obstacle Course ...................................... $50.00 per hour Targets ................................................... $0.50 each Classroom ............................................ $50.00 per hour (free when used in

conjunction with a range or building)

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the fees as prescribed above shall be in effect until further Order of this Court and that the County Clerk will submit written notice of the fees to the State Comptroller no later than October 15,2012.

IT IS FURTHER ORDERED that the District and County Clerks, Justice Courts, Sheriff and Constables ensure their fee schedules and deposit requirements incorporate therein the above fees prescribed by this Court.

_~-=-=-=-=_, 2012.

iley Price, Co

~~-- (dl, ~~'--" Mike Cantrell, Com111. District #2 Dr. Elba Garcia, Comm. District #4

Recommended for Approval by:

(,',," "" ~/ ordon Hikel r,('o.i\ssistant District Attorney

ORDER NO: u 1588 COURT ORDER


STATE OF TEXAS

COUNTY OF DALLAS


_",,-2S,,--_dayof September, 2012, on a motion made by Dr. Elba Garcia, District 114 and

seconded by Mike Cantrell, District 112 , the following Court Order was adopted:

WHEREAS, on September 18, 2012, the Dallas County Commissioners Court was briefed regarding the request for Autoagent to enter into a contract to simplifY tax payment processing from mortgage companies, banks, lenders, tax services, title companies and large private payers; and

WHEREAS, this web based system will eliminate many duplicate payments and overpayments, resulting in fewer refunds to be processed by the Tax Office and lessen time spent on research and problem resolution with taxpayers; and

WHEREAS, efficiencies are accomplished by both Autoagent and the tax office; and

WHEREAS, this rccommendation supports strategy 1.3 providing sound financially responsible and accountable governance by streamlining Dallas County departments for efficiency and operations.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Dallas County Tax Assessor/Collect r to enter into a contract with Autoagent and authorizes the County Judge to sign related documents required fo the execution of the contract.

DONE IN OPEN COURT this the --"'.25"---_ ---,r;--+-'1=~~-------- ,2012.

Mike Cantrell, District #2

-dJu Dr. Elba Garcia, District #4

Recommended By: --'::::\fz!Ll~~~2~::::::~:::::::=c=:::==. ohn R. Ames, Tax Assessor/Collector

COURT ORDER


STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

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

the 25th day of ____ "'S"'e"'pt""e"'m"'b"'e"'r ___________ 2012, on motion made by

__ Dr_,_E_lb_a_G_a_r_cl_'a_,_Co_mml_'_S_Sl_'o_ll_e_r_o_f_D_i_st_r_i_c_t_f,_~4 ______________ ,andsecondedby

__ Mi_' k_e_C_all_t_r_e_U _____ , _C_ornm_l_' s_S_i_oll_e_r_o_f_D_i_s_t_rl_' c .... t _____ II_2 _________ , the following Order was adopted:

WHEREAS, the award from Atmos Energy Corporation was discussed in Commissioners Court on September 18, 2012; and

WHEREAS, Dallas County Health and Human Services has received additional funds in the amount of $27,806.12, from Atmos Energy Corporation under the Share the Warmth Program, for assistance with energy costs for financially distressed individuals and families who are Atmos Energy account holders; and

WHEREAS, the Share the Warmth Program is consistent with the County's Strategic Plan Vision 2: Dallas County is a healthy community, by providing disease prevention, health promotion and human services programs to County residents; and

WHEREAS, the Commissioners Court must approve acceptance of the award from Atmos Energy Corporation.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the additional award from Atmos Energy Corporation, in the amount of $27,806.12, under the Share the Warmth Program, for assistance with energy costs for financially distressed Atmos Energy account holders.

DONE IN OPEN OURT this the 25th day of _+--"S",e"""te""m-"b",e:.c.r _-:=;--__ ""'"--/, 2 0 12.

;;2~~~ Mau . e Dickey Mike Cantrell

":':~:"::::L_~~~~~o:::m:::;:m:;2is~s!.io~n~e::::r~'~_D~"m:d ;;;2'01 No.2

Dr. Elba Garcia Commissioner, District NO.4

Recommended by: ~ ~ThomR~on, Di ctor, Health and Human Services

Atmos PO 80x 650205 DBi{ss" TX 75265 -020£5

TO THE DALL.AS CCHJNTY OHD£ft Of O[PT OF HEALTH AND HUMAN SERViCES

2377 N ,,1EMMONS 51f ATTN ZACHARY THefMPSON DALLAS, TX 75207,;005 Unit06

Dl!!!CaTPTIOll'

CHE080712 SH-COREY GR'0:E;N /COSTO.M1';R

h'C-" "'; <0 i

CHECK AMOUNt

NO.1264912

0,00 27,806 12

27.$06,12 0,00 27,80612 """""""""""""""""',.,"""""""""""""""""""',""',

COURT ORDER

ORDER NO" :~ u 1 " 590 DATE: September 25" 2012

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §


the 25th day of __ ---'S"'e~p"'te""m-'-'-"'be""r'__ ___________ 2012, on motion made by

_D_r_"_E_l_b_a_G_,a_r_c_i_a_,_C_o_mml_'s_s_i_on_e_r_o_f_D_l_·S_t_r_ic_t_ff_4 ______________ , and seconded by

_Mi_·_k_e_C_a_n_t_re_l_l..:..,_C_o_mm_i_ss_l_· o_n_e_r_o_f_D_is_t_r_i_c_t_I_12 ________ , the following Order was adopted:

WHEREAS, the BioWatch Laboratory technical and management support funding was discussed in Commissioners Court on September 18, 2012; and

WHEREAS, the Department of Homeland Security Office of Health Affairs has notified Dallas County Health and Human Services of funds in the amount of $1 00,000, provided under Purchase Order HSHQDC-12-P-00113, for the DCHHS Laboratory in support of the BioWatch Program; and

WHEREAS, funding is available to compensate one (1) new full time administrative assistant position, Grade 10, provide incentive funding for position Nos. 4002, 0458, 2915, 4931,4402, 5233, 2709, 2984, and 2711 for expanded job duties, and may be utilized to purchase special equipment and vehicles to further the objectives of the program; and

WHEREAS, recommendations included herein are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS Laboratory supports Strategy 2.1., Provide exceptional disease prevention, health promotion, and human service programs to the citizens of Dallas County; and

WHEREAS, the Commissioners Court must approve FFP Purchase Order HSHZDC-12-P-00113, and authorize the County Auditor to establish a grant to include the proposed operational budget for the program as attached.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the Department of Homeland Security Purchase Order HSHQDC-12-P-00113, BioWatch Lab Support funding, in the amount of $1 00,000 for the BioWatch program, approves the requested position, and authorizes the County Auditor to establish a grant to include the proposed operational budget for the program.

DONE IN OPEN RT th is the -=2""5""th'---__ day of f---"""'''''''':!.!.!,!,''''''----:;;;>''"''-,:;--7''''''----:-r'

Mike Cantrell Commissioner, D' riet No.2

John Wi ey Price Comm' sioner, istrict NO.3

Dr. Elba Garcia Commissioner, District NO.4

Recommended by: Z / zach~~n,Di ctor, Health and Human Services

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES

BIOWATCH PROGRAM (FUNDED BY DEPT. OF HOMELAND SECURITY)

PROPOSED OPERATIONAL BUDGET

Line Item Account # Amount

ORDER FOR SUPPLIES OR SERVICES I PAGE or PAGES 3 lMPORTANT: Mark aU packages and papers with contract andlor order numbers.

1, DATE OF ORDER 2. CONTRACT NO. (II $fry)

09/11/2012

3. ORDER NO. I: REQUISITIONIREF~RENCE NQ

HSHQDC-12-P-00113 ROHA-12·-00101

5. ISSUING OFFICE (ACfdlflss correspondence to) U.S. Dept. of Homeland Security Office of Procurement Operations OHA Acquisition Division 245 Murray Lane, SW, #0115 li'Jashington DC 20528-0115

7, TO; ZACHARY THOMPSON (1;, NAME OF CONTRACTOR DALLAS COUNTY OF

(J. COMPANY NAME

c_ STREET ADDRESS 2377 N STEMMONS rREBWAY

STE 600

d. CITY ! e, STATE \ f, ZlP CODE DALLAS 'l'X 752072710

9. ACCOUNTING AND APPROPRIATION DATA

See Schedule 11. BUSINESS CLASSIFICATION (CheCk appropntiJre bOJ((es))

I a. SMALL IXI b. OTHER THAN SMALL i I c, DISADVANTAGED

LJ 1. EMERGING SMAll BUSINESS

I d_ WOMEN·OINNED 1'--1 e, HUaZone

I 1

6_ SH!PTO:

a. NAME OF CONSIGNEE

Departm-ent of Homeland Security

b, STREET ADDRESS 245 Murray Lane Bldg. 410

c. CITY Id. STATE I; ZIP CODE Washington DC 20528

f, SHIP VIA

e, TYPE OF ORDER

I0J a, PURCHASE LJ b. DELIVERY

REFERENCE YOUR Except for biWing instructions on tM reV~f$(t, Iflis delivery order is ~ubiect 1-0 instructions contained on thIs side only of this form and is issued

Please M'nisn the follOwing on the terms S\.lbjeCi to 1M terms and conditions

and conditions $p6ciffed on both sides of of the abova-numberod contract this order and on the attached sheet, if any, inc!Uding delivery as indicated

10, REQUISiTIONING OFFICE

U.S. Dept. Of Homeland Security

U g. SERVICEDISABLED VETERAN· O'W'NEO

1

12, F.O,B, POINT

(est ination

13. PLACE OF 14. GOVERNMENT BIL NO. 15, DELIVER TO F,Q.B, P01NT ON OR BEFORE (Dale)

1$, OtSCOUNT TERMS

a. INSPECTION Destination

I b. ACCEPTANCE !Destination

5 Days After Award Net 30

17. SCHEDULE (See FeVerse fur Rejections)

Q!JANTJTY UNIT QUANTITY

ITEM NO SUPPLIES O.R SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED (0) lb) (0) (0) (,) If) 10)

DUNS Number: 073128597+0000 'l'he purpose of this FFP Purchase Order is to provide funding for the Dallas County Health and Human Services laborat_ory in support of BioWatch Program in accordance with t.he attached Statement of Wo:t:k and Continued ...

18. SHIPPING POINT 19. GROSS SH1PPING \t'\IE;IGHT 20, INVOICE NO. 17(h) TOTAL (Cont. pages)

, 21. MAIL INVOICE TO: • a. NAME Department of Homeland Security $100,000.00

SEESli..I.II\IG INSTRUCTIONS b. STREET ADDRESS .l:mr llngton E'lnance center:

ONREiVERSE (Of P.O. Box) P.O. Box 1000 17{ij

Attn: Office of Health Affairs GRAND

[email protected] TOTAL

, '" r STAr, • L'~WU' $100,000.00 • ltJilliston V'l' 05495

22. UNITED STATES OF

1~~\d3· '\ 23, NAME (Typed)

AMERICA BY (Signature} I rnA. _ Timothy B. Davis ~ TlT1.E: CONTRACTING/ORDERING OFFICER

AUTHORIZED FOR LOCAL REPRODUCTION , I OPTIONAL FORM 341 (~v. 4,,,Q()tl)

PRENlOUSEDI7JON NOTUSABlI!,

SCHEDULE - CONTINUATION MM, all papkage, eod , cop'm" acd/o,

DATE OF ORDER lcu,,, KACT NO

09/11/2012

ITEM NO.

la)

0001

SUPPLIES/SERVICES

(b)

and

Attachment 1: Statement of Work (SOW) Attachment 2: Terms and Conditions

'There is no requirement for the laboratory to countersign this Purchase Order.

IOO/DPAS Rating: NONE IAdmin Office:

U.S. Dept. of Homeland Security Office of Procurement Operations OHA Acquisition Division 245 Murray Lane, SW, #0115 Washington DC 20528-0115

,M~'eu,mt i nn Info: IHTR0012-000-HA-13-14-05-000-05-00-0000-00-0C I-OO-OO-GE-OE-25-76-000000 Iperiod of Performance: 09/11/2012 to 109/10/2013

BioWatch Laboratory Support in accordance ;with attached Statement of Work (SOW)

Invoice Instructions: IThe laboratory is to invoice for the full

by no later than (NLT) September 30, 12012 to the 'OHA. invoice. [email protected].

IAn invoice example will be provided to the Ilaboratory at a later date.

'Award Distribution: [email protected]

,p; Office: In,::, of Homeland Security !Bur~ ington Finance Center P.O. Box 1000 IWilliston, VT 05495-1000 IAtt : Office of Health Affairs (OHA) IFax (802-288-7658) IF,-mril i: OHA. invoice. [email protected]

Iront i nnpri ...

Ui'HORiZEoFi,0fiTT<ii.ALL~ CC~ARRIIED FC TO 1ST PAGE liTEM 17IH)) AI ) FOR ~ON PREVIOUS EDITION NOT USA8LE

QUANTITylUNIT

Ip) (d)

UNIT PRICE

(e)

2

I ORDER NO.

HSHQDC-12-P-00113

AMOUNT

ID

QUANTITY ACCEPTED

Ig)

100,000.00

OPTIONAL FORM 348 (Rev 4(2OD6)

Pleoorib.d by GSA FAR (48 CFR) 53 213(1

SCHEDULE· CONTINUATION IMPORTANT: Mark and papers with contract and/or order numbers.

DATE OF ORDER r.-v1 09/11/2012 I

r.'v NO.

ITEM NO.

(e)

SUPPLlEStSERVICES

(b)

IFY ~l-'l-'"ul-'~iated: F'Y12 t"lJ7.t:-' .Jl-'.J..';"ation Title: One year OHA program funds, 2012 Treasury Account Symbol (TAS): 700117 Treasury Appropriation Fund Symbol (TAFS): 7020117

mnnt: $100,000

The total amount of award: $100,000.00. The obligation for this award is shown in box

7 Ii) .

TOTAL I ) FORWARO TO 1ST PAGE (ITEM 17(H»

PREVIOUS EDITION NOT USABLE

UNIT PRICE

(0) (d) (e)

3

I ORDER NO.

HSHQDC-12-P-00113

AMOUNT

(Q

~u,uu

QUANTITY ACCEPTED

(g)

OPTIONAL FORM 348 (Rev 412006)

Prescribed by GSA FAR (48 eFR) 53 213(1

Attachment I

DEPARM.ENT OF HOMELAND SECURITY (DHS) Office of Health Affairs

Statement of Work For BIOWATCH LABORATORY TECHNICAL AND

MANAGEMENT SUPPORT

1.0 PURPOSE

The Department of Homeland Security (DHS), Office of Health Affairs (OHA), supports the BioWatch Program. This solicitation is to procure services to provide overarching technical and management support in the laboratories to the BioWatch Program.

2.0 BACKGROUND

The U.S. Department of Homeland Security (DHS) mission is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards. The DHS Office of Health Affairs (OHA) provides medical, health, and scientific expertise in support of the DHS mission to prepare for, respond to, and recover from all threats.

The BioWatch Systems Program Office (SPO) within OHA supports this mission through the BioWatch program, the only civilian program that monitors for the aerosol release of bioterrorism agents. The Mission of the BioWatch program is to provide and maintain a continuous bio-terrorism air monitoring system in large metropolitan areas and coordinate with state and local public health communities to prepare for and respond to a bioterrorist event. Established in 2003, BioWatch continuously monitors select urban environments twenty-four hours a day, seven days a week. The BioWatch program's Strategic Objectives include:

• Monitor for highest priority biological agents that could result in catastrophic outcomes;

• Provide protection in the most at-risk locations of the nation;

• Maintain the technical oversight of operations in close collaboration with state and local public health partners who execute the program;

• Conduct advanced development, procure and deploy better detection capability at lower cost with Federal research and development (R&D);

• Coordinate Federal, State, and local public health preparedness planning activities to develop operational protocols for a BioWatch Actionable Result (BAR); and

• Continue to strengthen Federal, State, and local partnerships and build efficiencies.

The BioWatch program consists of distinct operational components including field, laboratory and public health. The field component conducts daily collection of air filter samples for delivery to a state or local Laboratory Response Network (LRN) laboratory. The public health component develops response plans and manages the local public response in the event of a BioWatch Actionable Result. The Laboratory Component provides capabilities to analyze collected samples to detect the presence of select

Page 1 of3

Attachment I

biological agents and report the results. The BioWatch SPO currently provides contracted laboratory staff to most BioWatch LRN laboratories to perform the laboratory analysis under the guidance of the local Laboratory Director.

3.0 SCOPE

The scope of this purchase order includes technical oversight and infrastructure support for the following activities:

• Oversight of BioWatch laboratory operations by the Public Health Laboratory (PHLP) Director or designee;

• Data review, interpretation, and decision making by PHLP Director or designee • Quality Assurance (QA) Oversight of BioWatch related laboratory activities; • Cross-training of personnel for response to a surge event; • Laboratory infrastructure support (space, IT network, security, waste disposal);

and • (OPTIONAL) Multi-center studies for new technologies and/or procedures.

Laboratory support may be utilized for at least one of the activities listed above. There is no requirement that all activities listed above must be used.

4.0 DHS Points of Contact

The DHS points of contact (POCs) are as follows:

• DHS Contracting Officer

Mr. Timothy Davis Department of Homeland Security Office of Procurement Operations Preparedness & Intelligence Division Washington, DC 20528 Office: (202) 254-2333 Email: [email protected]

• DHS Contract Specialist

Ms. Sang Han Department of Homeland Security Office of Procurement Operations Preparedness & Intelligence Division Washington, DC 20528 Office: (202) 254-8653 Email: [email protected]

• DHS OHA Technical Representatives

Page 2 of3

Dr. Linda Beck BioWatch Director of Laboratory Operations Health Threats Resilience Division Office of Health Affairs U.S. Department of Homeland Security Washington, DC 20528 Office: (703) 647-2747 Cell: (202) 308-9635 [email protected]

CAPT Malcolm Johns, USPHS BioWatch Deputy Program Manager for Quality Assurance Health Threats Resilience Division Office of Health Affairs U.S. Department of Homeland Security Washington, DC 20528 (202) 254-6080 (202) 365-9442 (cell) ma1colm.johnsCwdhs.gov

W. David Crosson Bio Watch Director of Business Operations Health Threats Resilience Division Office of Health Affairs U.S. Department of Homeland Security Washington, DC 20528 Office: (703) 647-2757 Cell: (202) 360-3467 Email: david.crosson(ciJ,hq.dhs.gov

Page 3 of3

Attachment 1

PURCHASE ORDER TERMS AND CONDITIONS Date of Order: September 2012

Attachment 2

52.212-4, CONTRACT TERMS AND CONDITIONS--COMMERC1AL lTEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to

the requirements of this contract. The Government reserves the right to inspect or test any supplies or

services that have been tendered for acceptance. The Government may require repair or replacement of

nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may

seek an equitable price reduction or adequate consideration for acceptance of nonconfonning supplies or services. The Government must exercise its post-acceptance rights---

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the

defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of

performance of this contract to a bank, trust company, or other financing institution, including any Federal

lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third

party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not

assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written

agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U .S.c. 601-

ill). Failure of the parties to this contract to reach agreement on any request for equitable adjustment,

claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in

accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any

dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an

occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts

of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires,

floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible

after the commencement of any excusable delay, setting forth the full particulars in connection therewith,

shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if

authorized) to the address designated in the contract to receive invoices. An invoice must include

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

Page 1 of9

Attachment 2

(v) Shipping number and date of shipment, including the bill of lading number and weight of

shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice

only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required

elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to

be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance

with the applicable solicitatio;' provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other

Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay

by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office

of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and

agents against liability, including costs, for actual or alleged direct or contributory infringement of, or

inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the

performance of this contract, provided the Contractor is reasonably notified of such claims and

proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been

delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for

the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed

from the date of the invoice. For the purpose of computing the discount earned, payment shall be

considered to have been made on the date which appears on the payment check or the specified payment

date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice

payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a

description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,

liquidation errors, daters) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

Page 2 of9

Attachment 2

(i) All amounts that become payable by the Contractor to the Government under this contract shall

bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest

rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the

Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount

becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable lor each six-month

period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due

under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence

or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer

within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included

in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment

resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved

beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount

otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise

have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed

in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

U) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies

provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if

transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(1) Termination/or the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience, In the event of such termination, the Contractor shall

immediately stop all work hereunder and shall immediately cause any and all of its suppliers and

subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage

of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus

reasonable charges the Contractor can demonstrate to the satisfaction ofthe Government using its standard

record keeping system, have resulted from the termination. The Contractor shall not be required to comply

with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give

the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work

performed or costs incurred which reasonably could have been avoided.

Page 3 of9

Attachment 2

(m) Termination/or cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and

conditions, or fails to provide the Government, upon request, with adequate assurances of future perfonnance. In the event oftennination for cause, the Government shall not be liable to the Contractor for

any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for

any and all rights and remedies provided by law. If it is detennined that the Government improperly

terminated this contract for default, such termination shall be deemed a tennination for convenience.

(n) Title. Unless specified elsewhere in this contraet, title to items furnished under this contract shall

pass to the Government upon acceptance, regardless of when or where the Government takes physical

possession. (0) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable

and fit for use for the particular purpose described in this contract.

(p) Limitation 0/ liability. Except as otherwise provided by an express warranty, the Contractor will not

be liable to the Government for consequential damages resulting from any defect or deficiencies in

accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,

executive orders, rules and regulations applicable to its perfonnance under this conlract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal

contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 370 I, et seq., Contract Work Hours

and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409

relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to

procurement integrity. (s) Order a/precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving

precedence in the following order:

(!) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws

Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52 212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard FOIm 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(l) Unless exempted by an addendum to this contraet, the Contractor is responsible during

perfonnance and through final payment of any contract for the accuracy and completeness of the data

within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or

incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is

required to review and update on an annual basis from the date of initial registration or subsequent updates

its information in the CCR database to ensure it is current, accurate and complete. Updating information in

the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly

executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division

name (whichever is shown on the contract), or has transferred the assets used in performing the contract,

but has not completed the necessary requirements regarding novation and change-of-name agreements in

Page 4 of9

Attachment 2

FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of

one business day's written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures

specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally

changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or

fails to perfonn the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly

executed novation or change-of-name agreement, the CCR infonnation that shows the Contractor to be

other than the Contractor indicated in the contract will be considered to be incorrect information within the

meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause ofthis

contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as

appropriate, in the CCR record to reflect an assignee for the plITpose of assignment of claims (see

Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor's CCR record that indicates payments, including those made by

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information

within the meaning ofthe "Suspension of payment" paragraph ofthe EFT clause ofthis contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https:llwww.acquisition.gov or by calling 1-888-227-2423 or 269-

961-5757.

(End of clause)

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (JUL 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,

which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 71 04(g)).

_Alternate I (Aug 2007) of52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AuG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77,108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer

has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ (I) 52.203-6, Restrictions on Subcontractor Sales to the Govel1lment (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.c. 253g and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 201 O)(Pub. L. 110-252,

Title VI, Chapter I (41 U.S.c. 251 note)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 201 O)(Section 1553 of Pub. L. I I 1-5). (Applies to contracts funded by the American Recovery

and Reinvestment Act of2009.)

Page 5 of9

Attachment 2

_ (4) 52.204- J 0, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012)

(Pub.L.I09-282)(3IU.S.C.6101 note).

_ (5) 52.204- J 1, American Recovery and Reinvestment Act·-Reporting Requirements (Ju1201 0)

(Pub. L. 111-5).

_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Feb 2012)(41 U.S.C. 2313).

_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of

Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

_ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 201l) (l5U.S.C. 657a).

_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (11) [Reserved]

_ (12)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alterna!e 11 (Nov 2011).

_ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (.June 2003)(15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of 52.219-7.

_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_ (15)(i) 52.2 I 9-9, Small Business Subcontracting Plan (Jan 20 II) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of 52.219-9.

_ (iv) Alternate III (JuI2010) of52.219-9.

_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011 )(15 U.S.c. 644(r)).

_ (17) 52.219-14, Limitations on Subcontracting (Nov 20 II) (15 U.S.C. 637(a)(14)).

_ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)( 4)(P)(i)).

_ (19)(i) 52.219-23, Notice ofPrice Evaluation Adjustment for Small Disadvantaged Business

Concerns (OCT 2008) (10 U.S.c. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in

its offer).

_ (ii) Alternate I (June 2003) of 52.219-23.

_ (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and

Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and IOU .S.C. 2323).

_ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_ (22) .52 . .£19-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(IS U.S.C. 657 O. _ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C.

632(a)(2)).

_ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Apr 2012) (15 U.S.c. 637(m)).

_ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Apr 2012) (l5U.S.C. 637(m)).

_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

Page 6 0[9

Attachment 2

_ (27) 52.222- I 9, Child Labor---Cooperation with Authorities and Remedies (Mar 2012)

(E.0.13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

L(29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (32) 22.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not

applicable to the acquisition of commercially available off-the-shelf items or celiain other types of

commercial items as prescribed in 22.1803.)

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.c. 6962Ic)(3)(Al(ji)). (Not applicablc to the acquisition of commercially

available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of52.223-9 (42 U.S.C. 6962(i112)(C)). (Not applicable to the

acquisition of commercially available off-the-shelf items.)

_ (36) 52.223- I 5, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

_ (37)(i) 52.223-16, IEEE 1680 Standard for thc Environmental Assessment of Personal Computer

Products (DEC 2007) (E.O. 13423).

_ (ii) Alternate I (DEC 2007) of 52.223-16.

_ (38) 52.223- 18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

_ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. IOa-l0d).

_ (40)0) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (:U

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note,

Pub.L.I03-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283,110-138, 112-41, and 112-

42).

_Oi) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate 11 (Mar 2012) of52.225-3.

_ (iv) Alternate 1lI (Mar 2012) of 52.225-3.

_ (4 1) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 250 I, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and

statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5 I 50).

_ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

_ (45) 52.232-29, Terms for Financing of Purchases ofCommercialltems (Feb 2002)

(41 U.S.C. 2Wl, LQ. U.S.C. 2307(0). _ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(j),

10 U.S.C. 2307(0).

L(47) 52.232-33, Payment by Electronic Funds Transfer---Central Contractor Registration

(Oct 2003) (3 I U.S.C.3332).

_ (48) 52.232-34, Payment by Electronic Funds Transfer-·-Other than Central Contractor

Registration (May 1999) (3 I U.S.C. 3332).

_ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.c. 3332).

_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

Page 7 of9

Attachment 2

__ (51 lei) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. l241(b) and 10 U.S.C. 2631).

_ (ii) Alternate I (Apr 2003) of52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial

services, that the Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions oflaw or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and

41 U.S.C. 351, et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.s.C. 206 and 4 1 U.S.C. 35 l, et seq.).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--·Price Adjustment (Sep 2009)

(29 U.S.C. 206 and 4 1 U.S.C. 351, et seq.).

_ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment---Requirements (Nov 2007) (4 1 351, et seq.).

_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Requirements (Feb 2009) (41 U.S.C. 35 l, et seq.).

_ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 51 1 2(p)( J)).

(d) Comptroller General Examination a/Record. The Contractor shall comply with the provisions of

this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified

acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records

involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials,

and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, ofthe other

clauses of this contract. If this contract is completely or partially terminated, the records relating to the

work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising

under or relating to this contract shall be made available until such appeals, litigation, or claims are finally

resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or

maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) ofthis clause,

the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)( 1) in a

subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be

as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title

VI, Chapter 1 (41 U.S.C. 251 note».

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3», in

all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to

Page 8 of9

Attachment 2

small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the

subcontractor must include 52.2 I 9-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

(vi) 52.222-36, Affinnative Action for Workers with Disabilities (Oct 2010) (29 U.S.c. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act ofl965 (Nov 2007) (41 U.ScC. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g».

~A1ternate I (Aug 2007) of52.222-50 (22 U.S.C. 7104(g».

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.c. 351, ef

seq.).

(xi) 52.222-53, Exemption fTom Application ofthe Service Contract Act to Contracts for Certain

Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 124](b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal

number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Page 9 of9

ORDER NO. '5°1 .1" tJ.·.

------

DATE: September 25.2012

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

COURT ORDER


the 25th day of _--'S"'e"'p"'te""m"-"<b""er'--_____________ 2012, on motion made by

_D~r~.~El~b~a~Ga=r~c=i~aL,~C~oo=IDll=·=s~s~io~n=e~r~o=f~D~=·s=t=r~ic=t~#~4 _______________ ,andsecondedby

_Mi_' k_e_C_a_n--'.t--'.re.:..:l--'.l:.c,_C.:..:o:.::mm=is:.::s:.::i:.::on::::,e.:..:r-,-of::....:.D:.::i:.::st:.::r:.::i:.::c:.::t :.::11:.::2-'-______ , the following Order was adopted:

WHEREAS, Amendment Number 8 to the DOE ARRA Weatherization Assistance Program contract was discussed in Commissioners Court on September 18,2012; and

WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified Dallas County Health and Human Services of Amendment No. 8 to the DOE ARRA Weatherization Assistance Program contract with the Dallas County for the City of Richardson, which reduces funding under the contract for a revised total contract amount of $361 ,353.97; and

WHEREAS, the Weatherization Assistance Program is a human service program which provides for the weatherization of homes of low-income families, and is consistent with the County's Strategic Plan Vision 2: Dallas County is a healthy community; and

WHEREAS, the Contract Amendment requires the approval of the Court and the electronic signature of the County Judge.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve Amendment Number 8 to the TDHCA DOE ARRA Weatherization Assistance Program Contract with Dallas County for the City of Richardson, Contract No. 16090000764, as attached, which reduces funding for a revised contract amount of $361 ,353.97, and authorizes the County Judge to electronically sign the Contract Amendment on behalf of Dallas County.

DONE IN OPEI-jCOURT th is the _=.25""t!.'-h __ day of --",-",,--.fuullil!!!J;!QL---::;.-r __ -:?"'~J;20 12.

Mike Cantrell

" 1 Commis;ione~~trict No.2

~U~( iley Pric Dr. Elba Garcia

Com iss ion ,District NO.3 Commissioner, District NO.4

Recommended by: ~~ ~-"'-"S ""-1:..::=:-:--;::-----;-;-;-----:;:---;--_ za~-;Tho .Ipson, irector, Health and Human Services

TEXAS DEPARTMENT OF HOUSING AND COMMUNJTY AFFAIRS CONTRACT NUMBER 16090000764 FOR THE

THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81042)

AMENDMENT NUMBER 8

SECTION 1. PARTIES TO CONTRACT

The Texas Department of I-lousing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and Dallas County - DCHHS - for City of Richardson (hereinafter the "Subrecipient") do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000764 ("Contract")

SECTION 2. CONTRACT TERM

The period for performance of this contract, unless earlier terminated, is September 01, 2009 through March 31, 2012 (hereinafter the "Contract Teon")

SECTION 3.

The Contract is amended to revise the contract end date in SECTION 2. CONTRACT TERM as identified in its entitrety replacing with the following

"SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01,2009 through March 31. 2012 (hereinafter the "Contract Term")."

The Contract is amended by deleting the current Attachment A ~ Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A ~ Budget aud Performance Document as attached to this Amendment.

SECTION 4. AGREEMENT

The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and sllall continue to govern except to the extent that said terms conflict with the tenns of this amendment. In the event any conflict in terms exists. this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract

SECTION 5.

This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs.

SECTION 6.

By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns.

AGREED TO AND EXECUTED BY:

Dallas County - DeBl·IS - for City of Richardson

By

Date Signed:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

By

Date Signed·

Page 1 of3

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AI'FAIRS CONTRACT NUMBER 16090000764 FOR THE

THE AMERICAN RECOVERY AND RElNVESTMENT ACT (ARRA) (CFDA# 81.042)

AMENDMENT NUMBER: 8

ATTACHMENT A - BUDGET AND PERFOR.MANCE DOCUMENT

SUBRECIPIENT NAME: Dallas County - DCHl-IS - for City of Richardson

DEPARTMENT FINANCIAL OBLIGATIONS

$ 361,353,73 ARRA FUNDS CURRENTLY AVAILABLE

$0.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE

$ 361 ,353.73 TOTAL ANTICIPATED ARRA FUNDS

$ 0.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS

Additional funds may be obligated via Amendment(s) contract term. Unexpended fund balances will be recaptured

Funds may only be obligated and expended during the current

R!lnCrT FOB AVAil ABJ E AI lOCATIONS

CATEGORIES DEPARTMENT SHARE

2 Administration $ 18,033.73

3 Liability / Pollution Occurrence Insurance $000

Fiscal Audit $ 2,000,00

Materials / Program Support / Labor $ 301.528.00

4 Health and SafelY $ 39)9200

SUB-TOTAL $361,353.73

5 Training and Technical Assistance $ 0,00

TOTAL $ 361,353.73

FOOTNOTt'S TO BUDGET FOB AYAII ABLE AI lOCATIONS'

1 Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDI-ICA will

make any adjustments to the budget categories. The only categories that can be reduced are the Administration,

Insurance, Fiscal Audit and/or in the Health and Safety categories Subrecipients are limited to two (2) requested

budget revisions during the current contract term. Only those written request(s) from the subrecipients received at least 120 days prior to the end of the contract term will be reviewed. TDHCA may decline to review written requests received during the final 90 days of tile contract term

2 Denotes maximum for administration based on S.clO% of the total allowable expenditures excluding travel for training.

Denotes $4,000 for liability insurance and the remaining balance for pollution occurrence insurance.

4 Denotes the maximum allowed for Health and Safety expenditures.

Department approved training / travel only.

Page 20f3

Subrecipient may incur costs associated with the closeout of the ARRA WAP contract. These activities include but are not limited to: payments of invoices, and quality assurance activities for a period not to exceed 60 days from the end of the contract tenn defined in Section 2 of this contract,

These costs shall be reported on the final report described in Section 14 B of this contract

PERFORMAKCE

Subrecipient's service area consists of the following Texas counties:

DALLAS

Subrecipienfs service area consists of the following Texas cities:

RICHARDSON

Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract term. ARRA costs per unit, excluding health and safety expenses, sllillLJ:illLexceed $6,500,00 without prior written approval from the Department.

By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. This Contract shall be binding upon the parties hereto and their respective successors and assigns

EiTective Date of Budget: 03/31/2012

Page 3 of3

COURT ORDER

2' /I .1'i ~~ I r; &) ORDER NO. __ ,_'_~ __ .1 '-1 I",


STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §


the 25th day of __ .:!S"'el'-pt"'e:!.!m.!-"b"'e:.!..r ____________ 2012, on motion made by

_D_r_._E_l_b_a_G_a_r_c_ia~,~Co_mml_'_s_si_o_n_er_o_f_D_i_s_tr_l_'c_t_N_o_"_4 __________ , and seconded by

_Mi_'_k_e_C_a_n_tr_e_l_l:..-' _C_O_lllffi_l_' s_s_io_n_e_r_o_f_D_is_t_r_i_ct_N_o_" _2 ______ , the following Order was adopted:

WHEREAS, Amendment Number 2 to the 2012 Comprehensive Energy Assistance Program (CEAP) Contract was discussed in Commissioners Court on September 18, 2012; and

WHEREAS, the Texas Department of Housing and Community Affairs has notified Dallas County Health and Human Services of Amendment Number 2 to the 2012 CEAP Contract No. 58120001335, which provides additional funds in the amount of $494,446, increasing the total budget amount to $12,240,582; and

WHEREAS, administrative funds earned through the program may be utilized to purchase special equipment and vehicles as needed to further objectives of the program; and

WHEREAS, the 2012 CEAP Program offers utility assistance and emergency relief to assist those who are most vulnerable to the high cost of home heating and cooling, and is consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community; and

WHEREAS, Amendment Number 2 requires the approval of the Commissioners Court and the electronic signature of the County Judge.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve Amendment Number 2 to the 2012 CEAP Contract, No. 58120001335, in the amount of $494,446, and authorizes the County Judge to electronically sign the Amendment on behalf of Dallas County.

OURT this the 25th day of ----;~~~"----:;;>"""ii"-__r'~+-, 2012.

urine Dickey Mike Cantrell !~;;;. =:.::..-----j.:..:.;r.;:;,:;, issioner, District No. 1 Commissioner, District No.2

~~~~' c42~~ Dr. Elba Garcia Commissioner, District NO.4

Recommended by: ~~?L~~~~~~~~-~-~~-~-~-

SECTION 1.

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CONTRACT NO. 58120001335 FOR THE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(CFDA # 93.568) AMENDMENT NUMBER: 2

This Amendment Number 2 to CEAP Contract No.58120001335 is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and Dallas County Deparlment

of Health and Human Services , a political subdivision of the State of Texas (the "Subrecipient"), (hereinafter, collectively the "Parties").

SECTION 2.

Subrecipient and Department executed that certain CEAP Contract No, 58120001335 ("Contract") to be effective on .

SECTION 3.

Under the authority described in Section 8 of the Contract and for valuable consideration, the receipt and sufficiency which are hereby acknowledged, the Parties hereby agree to [further] mnend the Contract in the manner provided herein below:

1. Exhibit A, BUDGET, to the Contract is amended by replacing in its entirety with the amended Exhibit A, BUDGET, attach hereto (consisting of two (2) pages).

2, Section 21. Audit Subsection F, of the Contract is amended by replacing in its entirety:

Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor shall

retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part

of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary.

SECTION 4.

The Parties hereto agree that a!l other terms of the Contract shall be and remain in full force and effect as therein set forth and shaH continue to govern except to the extent that said terms conflict with the terms of this Second Amendment. In the event this Second Amendment and the terms of the Contract [as amended by the Second Amendment] are in conflict, this Second Amendment shall

govern, tmless it would make the Contract void by law.

SECTION 5.

Each capitalized term not expressly defined herein shal! have the meaning given to such term in the Contract.

SECTION 6.

This Second Amendment may be executed in several counterpmts, each of which shall be deemed to be an original copy, and all of

which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart.

Page 1 of4

SECTION 7.

If any of the Parties returns this copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature.

SECTIONS.

By signing this Second Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein.

SECTION 9.

This Second Amendment shall be binding upon the Parties hereto and their respective successors and assigns.

SECTION 10.

This Second Amendment is executed to be effective on the date of execution by the authorized representative for the Department

AGREED TO AND EXECUTED BY:

Dallas County Department ofI-Iea!th and I-Iuman Services

a political subdivision of the State of Texas

By:

Title:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS a public and official agency of the State of Texas

By:

Title: Its duly authorized officer or representative

Page 2 of 4

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58120001335 FOR THE FY 2012

COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568)

EXHIBIT A BUDGET

Dallas County Department of Health and I-Iuman Services, a political subdivision ortne State of Texas

DEPARTMENT FINANCIAL OBLIGA nONS

CEAP FUNDS CURRENTLY AVAILABLE $ 12.240.582.00

$ 1.200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE

BIJDGET FOR AVAILABLE ALLOCATIONS

BUDGET CATEGORY FUNDS

Administration $ 764,961.00

Assurance 16 $612,316.00

Direct Services $ 10,862, I 05.00

TOTAL CEAP BUDGET $ 12,239,382.00

llllDGETCATEGORY FUNDS

Household Crisis $ 3,439,667.00

Co~paymcnt $ 3,439,667.00

Elderly and Disabled $ 3,439,666.00

Direct Service Support $ 543, I 05.00

TOTAL DIRECT SERVICES $ 10,862,105.00

Subrecipient's service area consists of the following Texas counties:

DALLAS

Page 3 of4

%

-

-

-

-

%

31.67

31.67

31.67

5.00

100.00

Administrative costs, salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 6.00% of the contract expenditures, excluding TraininglTrave! costs.

Assurance 16 Activities costs are limited to 5.00% of the contract expenditures excluding Training and Travel costs. Direct Services Support costs are limited 10 5.00% of total Direct Services expenditures.

Expenditures for Elderly/Disabled must be at least 10% of Direct Service Dollars expended. Household Crisis and Co-Payment Percentage will be established by Subrecipient. Direct Services Support (may not exceed 5% of Direct Services dollars expended).

Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required. Approval oftll1s budget does not constitute prior approval for such purchases ..

Funds may not be used for the purchase or improvement of land, or the purchase, construction, or pennanent improvement of any building or facility.

Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Period. A second and final budget revision must be received by the Department on or before November 16, 2012.

Subrecipient termination. funds.

shall provide outreach services under all components in this category. Subrecipient must document outreach, whether the outreach is conducted

Page 4 of4

Failure to do so may result in contract with "Direct Service Support" funds or other

COURT ORDER

,oM lw I r' :i 1 ,I'" ~J ORDER


STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas 25th day

Dr. Elba Garcia, Comm. following Order was adopted:

of September , 2012, District 4 , and seconded by Mike Cantrell,

County, Texas, held on the on motion made by

Comm. District 2 ,the

WHEREAS, the Commissioners Court was briefed on September 18, 2012 by the Institute of Forensic Sciences regarding Amendment No.5 (Exhibit A) to the lnterlocal Agreement (lLA) between the City of Austin and Dallas County for forensic laboratory services provided by the Criminal Investigation Laboratory utilized by the Austin Police Department; and

WHEREAS, the ILA calls for the provision of various forensic analytical services that are consistent with the services currently provided to the City of Austin Police Department by the Criminal Invcstigation Laboratory; and

WHEREAS, payment for the provision of forensic laboratory services will be in accordance with the Institute of Forensic Sciences fee schedule approved by the Commissioners Court, with a requirement ofJO days advance written notice of any changes to the fee schedule that impact services received by the City; and

WHEREAS, the amendmcnt revises the term of the ILA to October 1,2012 through September 30, 2013; and

WHEREAS, the amended ILA is compliant with the Dallas County Strategic Plan by virtue of its SUppOIt of Vision 1 regarding interagency partnership and collaboration and identification of revenue 0ppOIiunities for financially responsible governance;

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court approves the attached Amendment No.5 to the Interlocal Agreement between Dallas County and the City of Austin and authorizes the County Judge to sign the amendment on behalf of Dallas County.

('\

______ . ___________ dayof+-_S_e~p_t_e_m_b_e_r ____ ~~~~--.

~~=y,..ended by: d, M.D., Director

Amendment NO.5 of

Contract No. NI080000014 for

EXHIBIT A

Toxicological, Environmental, and Physical Evidence Analysis for APD between

Dallas County and the

City of Austin

1.0 The City hereby exercises the extension option for the above-referenced contract. Effective October 1,2012, the term for the extension option will be October 1, 2012 to September 30, 2013.

2.0 The total contract amount is increased by $60,000.00 for the extension option period. The total Contract authorization is recapped belOw:

Term Action Amount Total Contract Amount Basic Term: 10101/07 - 09/30108 $60,000.00 $60,000.00 Amendment No.1: Option 1 10101/08 - 09/30109 $60,000.00 $120,000.00 Amendment No.2: Option 2 10101/09 - 09/30/10 $60,000.00 $180,000.00 Amendment NO.3: Option 3 10101/10 - 09/30/11 $60,000.00 $240,000.00 Amendment NO.4: Option 4 10101/11-09/30/12 $60,000.00 $300,000.00 Amendment NO.5: Option 5 10101/12 - 09/30/13 $60,000.00 $360,000.00

3.0 MBEIWBE goals were not established for this contract.

4.0 By signing this Amendment the Contractor certifies that the Contractor and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration (GSA) List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Austin.

5.0 All other terms and conditions remain the same.

BY THE SIGNATURES affixed below, this Amendment is hereby incorporated into and made a part of the abovereferenced contract.

By:

~:

CITY OF AUSTIN:

Byron Johnson Purchasing Officer

APPROVED AS TO FORM:

~: ~N/~A~ ________________ _

Law Department

CITY OF AUSTIN:

~: L'!N~I A~ ______________ _

Assistant City Manager

COURT ORDER

ORDER

September 25, 2012

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas County, Texas, held on the 25th day of September 2012, on motion made by

Dr. Elba Garcia, Comm. District 4 , and seconded by Mike Cantrell, Comm. District 2 ,thc following Order was adopted:

WHEREAS, the Commissioners Court was briefed on September 18, 2012 by the Institute of Forensic Sciences regarding a proposed interlocal agreement (ILA) between the University of Texas Southwestern Medical Center and Dallas County for transport of decedent services on behalf of the Office ofthe Medical Examiner; and

WHEREAS, the ILA (Exhibit A) calls for the provision of decedent removal and transport services in manner specified by the Office of the Medical Examiner; and

WHEREAS, payment for the provision of decedent transport services will be in accordance with the payment schedule listed in section VI Compensation of the ILA; and

WHEREAS, the term of the ILA is October 1,2012 through September 30,2013 and

WHEREAS, the ILA is compliant with the Dallas County Strategic Plan by virtue of its support of Vision I regarding interagency partnership and collaboration and is consistent with Strategy 1.3 regarding sound, financially responsible and accountable governance;

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court approves the attached interlocal agreement between Dallas County and the University of Texas Southwestern Medical Center and authorizes the County Judge to sign the agreement on behalf of Dallas County.

_________________ dayof __ +-__ S_e~p_t_em __ b_e_r __ ~~~--~-v


Recommended by:


COUNTY OF DALLAS §

INTERLOCAL AGREEMENT Between

DALLAS COUNTY And

vr Southwestern Contract rd, 2013 - 300075

Exhibit A

UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS For

TRANSPORT OF DECEDENTS

WHEREAS, the County of Dallas, a governmental entity, hereinafter called "County" and located at 411 Elm Street, Dallas, Texas 75202 in Dallas County, Texas, wishes to enter into an Interlocal Agreement (ILA) with The University of Texas Southwestern Medical Center, hereinafter called "Medical Center", a State agency located at 5323 Hany Hines Blvd., Dallas, Texas, 75390 in Dallas County, Texas for removal and transport of decedent remains on behalf of the Dallas County Office of the Medical Examiner; and

WHEREAS, Section 49.25 of the Texas Code of Criminal Procedure allows the County Commissioners Court to establish and provide for the maintenance of the office of the medical examiner and sets forth the types of cases requiring an inquest by the medical examiner; and

WHEREAS, Section 791.011(C)(2) of the Texas Government Code pennits agreements between local governments and state agencies to provide a governmental function or service that each party to the contract is authorized to perform individually.

NOW, THEREFORE, THIS ILA IS hereby made and entered into by and between Medical Center and County upon and for the mutual consideration stated herein:

1. GENERAL SERVICE REQUIREMENTS

Medical Center must be available for decedent removal and transport assignment and/or other specified service twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year upon request by the Office of the Medical Examiner, hereinafter referred to as OME. Medical Center is solely responsible for obtaining any license, permit, equipment, etc. necessary to operate a transport service.

Medical Center must have a minimum of two vehicles and two crews available for OME transport assigmnent at all times. Standard transports require two crew members per transport vehicle. Medical Center personnel on OME transport assignment must be pre-approved by the OME. A criminal history/security check will be performed on all Medical Center personnel utilized for transport assignments. The OME reserves the right to approve/disapprove Medical Center personnel for OME service. Medical Center must provide the OME with a copy of current valid driver license or identification card issued by the State of Texas for criminal history/security check of all transport personnel. No personnel under the age of eighteen (18) are eligible for transport assignments. Non-approved personnel or visitors are not permitted on OME transport assignments.

I

UT Southwestern Contract rd. 20]3 - 300075

Medical Center personnel on OME transport assignment must adhere to a dress code approved by the OME. Medical Center personnel on OME transport assignment will not represent themselves as OME personnel and shall not discuss OME case matters with decedent family members, news media, law enforcement personnel, hospital personnel, or others. Photo identification badges must be prominently displayed (on shirt collar or pocket) at all times by Medical Center personnel while on OME assigmnent. All expense related to the photo identification badges will be borne by Medical Center.

Medical Center must dispatch vehicles and personnel immediately on receipt of transport assignment from the OME. The OME typically will notify the Medical Center of transport assigmnents via telephone, and Medical Center's dispatch is required to maintain 24 hour a day telephone contact with the OME. OME staff must be notified immediately of any interruption of contact with OME (i.e., telephone system failure). In the event that transport assigmnents exceed . the capacity of both vehicles and crews, the OME will establish transport priority.

Medical Center will transport only one body per trip unless specific approval is given by the OME to transport multiple bodies at one time. The OME reserves the right to refuse simultaneous transport of multiple bodies. Medical Center will transport the body directly to OME facility unless directed otherwise by OME staff.

Medical Center personnel are solely responsible for accomplishing all phases of body removal including tagging bodies, removal, transport, delivery of the remains to the OME facility, and provision of a "trip ticket" documenting the service. Medical Center personnel may not rely on the assistance of law enforcement, emergency service or OME personnel at the death scene to fulfill the scope of service and work as required in the bid specifications. Medical Center personnel on OME transport assignment must be courteous and respectful of both the body and family members at all times. Loud, boisterous or rude behavior is not appropriate at any time during the transport of a body.

For oversize decedents (300 Ibs plus), the OME may authorize a three or four person crew for the removal, instead of the standard two person crew. Prior authorization by OME staff is required to receive reimbursement for use of additional crew members.

II. SERVICE VEHICLES

Medical Center vehicles must have all licenses, permits and insurance required by law, and must meet standards established by the OME for appearance and utility. In general, vehicles must be safe, be in good and sound working condition (e.g., painted, no significant body damage) and provide security and privacy. Only vehicles with an appropriate interior arrangement, as determined by the OME, will be pennitted to perfonn simultaneous multiple body transport.

Medical Center staff must have routine mobile communication ability (from Medical Center dispatch to OME). Medical Center may be supplied two way radios by OME for use in emergency situations such as mass disasters.

2

UT Southwestern Contract Id. 2013 - 300075

Vehicles also should be equipped with vendor/Medical Center supplied items necessary for transport assignment: body cots, clean sheets, cot covers, Medical Center body identification tags, evidence pouches for pharmaceutical and a minimum of two body bags (body bags and pharmaceutical evidence pouches provided to the Medical Center by the OME). The OME will return Medical Center soiled linen/sheets on a weekly basis (or as mutually agreed) for replenishing inventory.

III. RESPONSE TIME

Medical Center must be on-site and ready for pick-up at the designated transport assignment location(s) within forty-five (45) minutes of dispatch time as recorded by OME. Failure to comply with the response time requirements stated above may result in monetary deduction from Medical Center invoice for payment per transport assignment as stated in the bid specifications. The OME will consider mitigating circumstances (e.g., weather and traffic conditions, death scene location) that adversely impact Medical Center response time.

IV. SPECIAL REQUIREMENTS

On occasion, the OME will receive additional information subsequent to a death call and will contact the Medical Center to "disregard" the dispatch assignment. Disregards will be reimbursed at the standard rate.

Medical Center will be required on occasion to transport oversized decedents to the OME. Loading direction should be obtained from the OME prior to transport, including approval of additional transport crew members.

Medical Center will be required on occasion to transport animal remains to the OME as part of an OME inquest. Loading direction should be obtained from the OME prior to transport, including approval of additional transport costs.

Medical Center will be allowed, with prior approval from the OME, to make removals from institutional locations using one transport crew member instead of the standard two person crew.

The OME will have a limited number of special circumstance occasions where body transport will be required outside of Dallas County. Mileage outside of Dallas County will be reimbursed at the contract rate.

V. TRAINING

The County agrees to provide the Medical Center with training and documentation regarding specific procedures for OME decedent removals. This training will include instruction for scene reporting procedures by Medical Center transport crews, evidence handling process, interaction with law enforcement and other persons present· at the death scene, and related information.

3


VI. COMPENSATION

The County agrees to pay the Medical Center in accordance with the following: Standard removal and transport to the OME: $140.00 One-person crew removal and transport: 62.50 Transport oflarge, non-human remains: 125.00 Per mile rate for transport assignment outside Dallas County: .75/per mile

Invoices shall be sent to the OME, and the County shall pay the Medical Center within thirty (30) days of receipt of an invoice in a form approved by the County. Medical Center agrees that a temporary delay in making payments due to County's accounting and disbursement procedures shall not place the County in default of this ILA 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 bear interest in accordance with Chapter 2251 of the Texas Government Code.

Failure to comply with the stated forty-five minute response time may result in the following monetary deductions from Medical Center invoice for payment per transport assignment: 01 -15 minutes late $ 15.00; 16 - 30 minutes late $ 20.00; 31+ minutes late $ 30.00

VII.

The Term of this ILA shall commence on October 1,2012 through September 30,2013 Either party may terminate the ILA upon thirty (30) days advance written notice to the other party or upon mutual consent. This ILA may be annually renewed upon mutual written agreement.

VIII.

County and Medical Center agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with this ILA, to the extent allowed by Texas law.

IX. Any notice or certification required or permitted to be delivered under this ILA shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth below, or at such other addresses as shall be specified by written notice delivered in accordance herewith:

Dallas County: Jeffrey Barnard, Director Southwestern Institute of Forensic Sciences 2355 N. Stemmons Frwy Dallas, TX 75207

4

Medical Center: Arnim Dontes, Exec. VP Business Affairs Univ. TX Southwestern Medical Ctl'. 5323 Harry Hines Blvd. Dallas, TX 75390

x,


Copy To: Shawn Cohenour, Director Univ, TX Southwestern Medical Ctf. Office of Contracts Management 5323 Harry Hines Blvd, Dallas, Texas 75390

BINDING AGREEMENT: AUTHORITY: PARTIES BOUND, This ILA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties, Each person executing this ILA on behalf of each party represents and warrants that they have full right and authority to enter into this ILA,

AMENDMENT. This ILA may not be amended except in a written instrument specifically referring to this ILA and signed by the parties hereto,

APPLICABLE LAW, This ILA shall be expressly subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and state laws, This ILA shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either Medical Center or County shall be in Dallas County, Texas,

SEVERABILITY. In the event that one or more of the provisions contained in the ILA shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the ILA shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this ILA, which shall remain in full force and effect.

5

UT Southwestem Contract rd, 2013·300075

County has executed this ILA for Decedent Transport pursuant to its Commissioners Court

Order No. 2012-1594 approved on the 25th day of

_S~ep,-t_e_m_b_er ______ 2012.

COUNTY OF DALLAS, TEXAS

Jt-RECOMMENDED:

* APPROVED AS TO FORM:

CRAIG WATKINS Db- COUNTY DISTRICT ATTORNEY

THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER

Arnim Dontes Executive Vice President for Business Affairs

/ '.

"l3r: Melanie Barton 611" r ~~ Assistant District Attorney

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

6

COURT ORDER

ORDER NO:


STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas County, Texas, held on the 25th day of September , 2012, on motion made by Dr. Elba Garcia, Comm. District 4 ,and seconded by Mike Cantrell, Comm. District 2

the following Order was adopted:

WHEREAS, the Commissioners Court was briefed on September 18, 2012 by the Institute of Forensic Sciences regarding a renewal of the interlocal agreement (ILA) between Dallas County and The University of Texas Southwestern Medical Center at Dallas (UTSW) for disposition of indigent and unclaimed decedents; and

WHEREAS, the ILA (Exhibit A) calls for the Office of the Medical Examiner to deliver all identified, adnlt decedents weighing 600 pounds or less to UTSW to be processed in compliance with applicable laws and established Texas State Anatomical Board policies and procedures for willed bodies, including disposition of any remains; and

WHEREAS, Dallas County will reimburse UTSW for the full cost of disposition for any decedents delivered to UTSW and not used for the advancement of medical sciences in compliance with the payment terms specified in the lLA; and

WHEREAS, the term of the ILA is October 1,2012 through September 30, 2013; and

WHEREAS, the ILA with UTSW is within the scope of Vision 1 regarding interagency partnership and collaboration and consistent with Strategy 1.3 regarding sound, financially responsible and accountable governance;

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court approves the renewal interlocal agreement between Dallas County and The University of Texas Southwestern Medical Center at Dallas and authorizes the County Judge to execute necessary contract documents on behalf of Dallas County. ,,~

DONE IN OPEt .JRUt, ilio "'h do of sep'~be'~_ ~au 1 _,,- ~

/ --~~~~~~~--~.

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

INTERLOCAL AGREEMENT Between

DALLAS COUNTY And

Exhibit A

UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS For

DISPOSITION OF INDIGENT AND UNCLAIMED ADULT DECEDENTS

WHEREAS, the County of Dallas, a governmental entity, hereinafter called "County" and located at 411 Elm Street, Dallas, Texas 75202 in Dallas County, Texas, wishes to enter into an lnteriocal Agreement (lLA) with The University of Texas Southwestern Medical Center at Dallas, hereinafter called "Medical Center", a State agency located at 5323 Harry Hines Blvd., Dallas, Texas, 75390 in Dallas County, Texas for disposition of indigent and unclaimed adult decedents that are not utilized for the advancement of medical science; and

WHEREAS, Section 694.002 of the Texas Health and Safety Code authorizes the County Commissioners Court to provide for the disposition of the body of a decedent pauper; and

WHEREAS, Section 79LOII(C)(2) of the Texas Government Code permits agreements between local governments and state agencies to provide a governmental function or service that each party to the contract is authorized to perform individually.

NOW, THEREFORE, THIS ILA IS hereby made and entered into by and between Medical Center and County upon and for the mutual consideration stated herein:

L Upon determination by the Dallas County Office of the Medical Examiner (OME), also known as the Southwestern Institute of Forensic Sciences (SWIFS), that the OME is in possession of an adult, identified dead body weighing 600 pounds or less, that is not claimed for burial or requires disposition at County expense, the OME will deliver the decedent to the Medical Center.

II. The Medical Center will accept the decedent delivered by the OME and process the decedent in compliance with applicable laws and established Texas State Anatomical Board policies and procedures for willed bodies, including disposition of any remains. All decedents, including, without limitation, decedents with infectious diseases, will be handled and boxed for cremation by County employees and not by Medical Center employees. County shall notify the Medical Center when any infectious disease cases are delivered by County to Medical Center.

IlL If a body delivered by the OME to the Medical Center is not used for the advancement of medical science, the Medical Center will dispose of the body and the County agrees to pay the

I

Medical Center Three Hundred and 001100 Dollars ($300.00) per body or cremation to reimburse the full cost of disposition of the body for decedents weighing up to 250 pounds. For decedents weighing more than 250 pounds, in addition to the cost of disposition as set forth in this section III, the County will pay an additional One and 001100 Dollar ($1.00) per pound for every pound above 250 pounds.

IV. At the time that decedents are delivered to the Medical Center by the OME, the OME will notify the Medical Center if the OME were unable to locate the next of kin for those decedents. If the next of kin were not located prior to transfer of the decedent to the Medical Center, but who was subsequently located after the decedent has been processed by the Medical Center but have not been interred, the Medical Center will return the decedent cremains to the OME for delivery to the next of kin upon reasonable notice to the Medical Center. The Medical Center shall not be expected to return such decedent to the OME in any of the following circumstances: (1) the request for the decedent is received by the Medical Center more than ninety (90) days after its receipt of the decedent from the OME; or (2) the OME failed to notify the Medical Center that the next of kin had not been located at the time that the decedent was delivered to the Medical Center. The same reimbursement rate as set forth in section III of this ILA shall apply for any decedents that are provided to the OME according to this section IV.

V. The County agrees to pay the Medical Center for all decedent disposition costs approved by the OME. Invoices shall be sent to the OME, and the County shall pay the Medical Center within thirty (30) days of receipt of an invoice. Medical Center agrees that a temporary delay in making payments due to County's accounting and disbursement procedures shall not place the County in default of this ILA 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 bear interest in accordance with Chapter 2251 of the Texas Government Code.

VI. The Term of this ILA shall commence on October I, 2012 through September 30, 2013 Either party may terminate the ILA upon thirty (30) days advance written notice to the other party or upon mutual consent. This ILA may be annually renewed upon mutual written agreement.

VII. County and Medical Center agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with this ILA, to the extent allowed by Texas law.

VIII. Any notice or certification required or permitted to be delivered under this ILA shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth

2

below, or at such other addresses as shall be specified by written notice delivered in accordance herewith:

Dallas County: Jeffrey Barnard, Director Southwestern Institute of Forensic Sciences 2355 N, Stemmons Frwy Dallas, TX 75207

IX.

Medical Center: Arnim Dontes, Exec. VP Business Affairs Univ. TX Southwestern Medical Ctr. 5323 Harry Hines Blvd. Dallas, TX 75390

Copy To: Shawn Cohenour, Director Univ. TX Southwestern Medical Ctr. Office of Contracts Management 5323 Harry Hines Blvd. Dallas, Texas 75390

BINDING AGREEMENT: AUTHORITY: PARTIES BOUND. This ILA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this ILA on behalf of each party represents and warrants that they have full right and authority to enter into this ILA.

AMENDMENT. This ILA may not be amended except in a written instrument specifically referring to this ILA and signed by the parties hereto.

APPLICABLE LAW. This ILA shall be expressly subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and state laws. This ILA shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either Medical Center or County shall be in Dallas County, Texas.

SEVERABILITY. In the event that one or more of the provisions contained in the ILA shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the ILA shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this ILA, which shall remain in full force and effect.

3

County has executed this ILA for the disposition of indigent and unclaimed adult decedents

pursuant to its Commissioners Court Order No. __ 2_0_1_2_-_15_9_5 ___ , approved on the

25th day of September 2012.

COUNTY OF DALLAS, TEXAS

RECOMMENDED:

J. Barnard, M.D. S Director

* APPROVED AS TO FORM:

CRAIG WATKINS COUNTY DISTRICT ATTORNEY

BY: Melanie Barton 6{iA./", '\/'1, Assistant District Attorney

THE UNIVERSITY OF TEXAS SOUTHWESTE&~ MEDICAL CENTER AT DALLAS

BY: Arnim Dontes Executive Vice President for Business Affairs

/I{!. 4 !.j;J .

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

4

COURT ORDER

ORDER NO: _____ _


STATE OF TEXAS

COUNTY OF DALLAS


________ ~2~5~'h ________________ dayof ____ ~S~e~p~t~em~b~e~r _______________________ ,2012, on

a motion made by Dr. Elba Garcia, Commissioner of District No.4 , and seconded by

_Mi __ ' k_e __ C_an_t_r_e_l_l:...., __ Co_mm __ i_s_s_i_on_e_rc......::0.:.:f_D:....:L=· s:....t:.:r:.:i:.:c..:t:....N:....o::.:.:.....::Z'--__ , the following Court Order was adopted:

WHEREAS, Court Order No. 2010-1772 dated October 19, 2010 authorized the award of RFQ No. 2010-072-5146 Request for Qualifications for Financial Audits of Dallas County, Juvenile and Community Supervision and Corrections Department to KPMG, LLP Certified Public Accounts; and

WHEREAS, Court Order No. 2011-1283 dated August 2,2011, extended the contract for the period November 9,2011 through November 8, 2012 based on the existing terms, conditions, and pricing structure set forth in the original contract; and

WHEREAS, Section 6 of the contract allows for a fee increase for the third year of the contract with the concurrence of Commissioners Court; and

WHEREAS, the attached Amendment No.1 to the contract has been prepared to reflect the negotiated fees for the third year of the contract, which reflects Dallas County's fiscal year ending September 30, 2012; and

WHEREAS, funding for the services will be paid by the General Fund, CSCD, Juvenile Department and individual grants, as appropriate;

IT IS THEREFORE ORDERED, ADJUDGE, AND DECREED that the Dallas County Commissioners Court hereby approves the attached Amendment No.1 to the contract as awarded to KPMG, LLP Certified Public Accounts under RFQ No. 2010-072-5146 Requestfor Qualifications for Financial Audits of Dallas County, Juvenile and Community Supervision and Corrections Department to extend the contract and reflect negotiated fees for the third contract extension and authorizes all documents and/or payments to reflect accordingly.

DON E IN OPEN CO R this the ___ -<2"'5'-'h ____ day of __ --7''---'s'''~'''· "'te""m"-""'be""r ___ -::>Jr-_-7''''-

:k~:;t"",~'ct#2 ~~~ Dr. Elba Garcia, District #4

Recommended bY~~~ Shannon S. Brown, Purchasing Agent

STATE OF TEXAS

COUNTY OF DALLAS

§ § § §

AMENDMENT NO.1

TO THE AGREEMENT BETWEEN

DALLAS COUNTY, DALLAS COUNTY COMMUNITY SUPERVISION AND

CORRECTIONS DEPARTMENT, AND DALLAS COUNTY JUVENILE BOARD

AND

KPMG LLP, CERTIFIED PUBLIC ACCOUNTS

FOR PERFORMANCE OF FINANCIAL AUDIT SERVICES

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2010-1772 dated October 19, 2010, Dallas County, acting by and through the Dallas County Commissioners Court (hereinafter, "Commissioners Court"), the Dallas County Juvenile Board, and Dallas County Community Supervision and Corrections Department (collectively hereinafter, "Government Parties") and KPMG LLP, Certified Public Accountants (hereinafter, "Auditor") entered into a Financial Audit Services Agreement (hereinafter, "Original Agreement"); and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2011-1283 dated August 2, 2011, the Original Agreement was extended for the period November 9, 2011 through November 8, 2012 based on the existing terms, conditions, and pricing structure set forth in the Original Agreement;

NOW THEREFORE, in consideration of the promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, by execution of this Amendment No.1, the Original Agreement is hereby amended as follows:

I. PURPOSE:

This Amendment No.1 amends the Original Agreement between Government Parties and Auditor. The purpose of this Amendment No.1 is to: (1) exercise the second extension option as authorized in the Original Agreement for the period November 9,2012 through November 8,2013 or completion of scope of work whichever comes first and (2) establish the fees for the third extension period as authorized in the Original Agreement.

II. AMENDED PROVISIONS:

This Amendment No.1 shall not change or waive any contractual provisions, clauses or conditions of the Original Agreement, each of which are incorporated herein by reference as if fully reproduced, word for word, and number for number, unless otherwise provided for herein. The Original Agreement, including any and all incorporated and/or referenced documents, exhibits, attachments, and amendments, specifically County's Request for Qualifications No. 2010-072-5146 for Financial Audit Services (hereinafter, "County's RFQ") and Auditor's Proposal, (hereinafter, "Auditor's Proposal"), and any and all incorporated and/or referenced documents, exhibits, attachments, and amendments that by their terms have been incorporated into any of the foregoing documents, are collectively referred to herein as the Original Agreement. All provisions of the Original Agreement shall remain in full force and effect throughout the term of the Original Agreement and any duly authorized amendments or extensions, including this Amendment No. 1 to include the following Amended Provisions:

Amendment No.1 to Financial Audit Services

Section 4. Billing and Payment is amended to read as follows for the term of the third extension options for the period November 9,2012 through November 8,2013.

4. BILLING AND PAYMENT

A. Government Parties agree to compensate Auditor at the stated rate as shown below for the provision of Services actually rendered hereunder:

Any and all additional work beyond the scope and work of fees herein shall be at a blended hourly rate of One Hundred Forty Dollars and No Cents ($140.00) or Seventeen Thousand Five Hundred Dollars and No Cents ($17,500.00) for each Single Audit program greater than ten (10) with prior approval of Commissioners Court.

B. Fees for Services

Scope of Work Cost i. Financial statement audit for Dallas County including CAFR and I

management leiters (including compliance related to the Public Funds I Investment Act). The financial statement audit will be in accordance with Generally Accepted Auditing Standards and Governmental Auditing

$137,812.50

Standards. The services will be completed and the report issued not later than March 15, 2013. I

ii. Financial statement audit for Dallas County funds administered by the Dallas County Juvenile Probation Department (T JPC), in accordance with Generally Accepted Auditing Standards, Governmental Auditing Standards and T JPC $19,950.00 audit requirements. The services will be completed and the report issued not later than February 14, 2013.

iii. Financial statement audit for Criminal Justice Department funds administered

I

I I

by the Community Supervision and Corrections Department (CSCD), in

$27,562.50 I I accordance with Generally Accepted Auditing Standards, Governmental· Auditing Standards and Community Justice Assistance Division audit requirements. The services will be completed and the report issued not later than March 15, 2013 .

iv. . Financial statement audit for the Charter School, in accordance with ! I Generally Accepted Auditing Standards and Governmental Auditing' Standards. The services will be completed and report issued not later than $44,100.00 I January 11, 2013.

v. Financial statement audit for the Dallas County District Clerk's Office. $18,375.00 . vi. Financial statement audit for the Dallas County Clerk's Officel $18,375.00

vii. Single audit for Dallas County federal and state financial assistance. In compliance with Government Auditing Standards, Office of Management and Budget, and Uniform grant management standards. Fee includes six (6)

$110,250.00 I programs at a cost of $110,250.00 and allowing an increase (based upon required federal and state thresholds) of up to four (4) additional programs at ! $17,500 per program. The services will be completed and the report issued not later than April 29, 2013.

viii. I Agreed upon procedures for Section 8 Housing Choice Voucher Program -$1,575.00 I

I . REAC.

C. Fees include the typing of the single audit reports and management leiters.

D. It is agreed that as work progresses, Auditor shall render separate bills for services performed. Such billing shall identify the amount due based on progress billings with final payment held until report delivery.

E. Any payments by Government Parties to Auditor may be withheld if Auditor fails to comply in all material respects with its obligations under this Agreement, its required deliverables, or other requirements relating to Auditor's performance of work and services under this Agreement, which failure has not been remedied within thirty (30) days of Government Parties' receipt of Auditor's invoice. Government Parties must notify Auditor in writing of any such failure within a reasonable


time after such failure is discovered by Government Parties and provide Auditor with an opportunity to cure the defect. Without limiting its rights or remedies, Auditor shall have the right to halt or terminate the Services entirely if payment is not received within thirty (30) days of the invoice date, if such invoice is in dispute.

F. KPMG shall pay all of its own out-of-pocket expenses.

G. KPMG will not be paid or reimbursed for funds used or spent for any unauthorized or unallowable use under this Agreement or any state and/or federal regulations.

III. ACCEPTANCES:

By their signatures below, the duly authorized representatives of County and Contractor accept this Amendment No.1 in full and represent that they are duly authorized to execute this Amendment No.1 on behalf of their party and to validly bind their party to all terms, conditions, performances, and provisions set forth herein.

EXECUTED THIS 25tll DAY OF ___ s_ep_t_e_ffi_b_e_r _____ , 2012.

. Jenkins Dallas Coun Jud e

DALLAS COUNTY CSCD:

Signature

Michael Noyes, Director Name/Title

DALLAS COUNTY JUVENILE BOARD:

Signature

Chervl Lee Shannon Chair and President Of Dallas County Juvenile Justice Charter School Board

NamelTitle

g'rratu re "

6-tA "n'V'"} «JV tJ fA A?>"!.lA NamelTitle I

KPMG LLP, CERTIFIED PUBLIC ACCOUNTANTS:

Signature

NamelTitle

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


COURT ORDER

ORDER NO: _____ _


STATE OF TEXAS

COUNTY OF DALLAS


________ ~2~5'_h ________________ dayof ____ ~S~e~p~t~e~m~b~e~r _________________________ , 2012, on

a motion made by Dr. Elba Garcia, Commissioner of District No.4 , and seconded by

__ M_ik_e __ C:...:'a::::n,--t,--re:...:l:...:l:...e,:...::...:C-"omm=l::::· s:.:s:.:i:::o.:.:nccer::.....:o:.:f:...· ccDcci.:.:st.:.:r:.:i::,:;c:.:t,-",No:::.:,. • ...:2=--_, the following Court Order was adopted:

WHEREAS, on June 12, 2012 through Court Order 2012-1020, Commissioners Court authorized the award of RFP No. 2011-037-5428 Request for Proposals for Agenda Management System to Sire Technologies and authorized the execution of the contract on behalf of Dallas County; and

WHEREAS, on September 5, 2012 Dallas County was notified that Sire Technologies was acquired by Hyland Software, Inc. on August 29, 2012; and

WHEREAS, the attached Assignment and Assumption Agreement has been drafted by the District Attorney's Office, Civil Division and executed by Hyland Software, Inc. assigning the contract to Hyland Software, Inc.;

IT IS THEREFORE ORDERED, ADJUDGE, AND DECREED that the Dallas County Commissioners Court hereby approves the attached Assignment and Assumption Agreement between Dallas County and Hyland Software, Inc. in association with RFP No. No. 2011-037-5428 Request for Proposals for Agenda Management System and authorizes all documents and/or payments to reflect accordingly.

DONE IN OPEN COU~T this the ___ --'2""5'-'h ____ day of --f----''''''''-''''-'-'''''''-------:::::---~ 2.

//, ;J /J-... e ./ Clay L il?le;Akins, County Judge

\,-,/))/

Recommended byj{ ()jlj/{)"Utt~t;!/) ... ,j Shannon S. Brown, Purctiaslng Agent


ASSIGNMENT AND ASSUMPTION AGREEMENT

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is executed by and between Dallas County, Texas ("County"), a governmental entity with its principal place of business located at the Administration Building, 411 Elm Street, 2nd Floor, Dallas, Texas 75202 and Hyland Software, Inc., ("Hyland"), an Ohio corporation legally authorized to conduct business within the State of Texas and having its principal place of business located at 28500 Clemens Road, Westlake, Ohio, 44145 (both County and Hyland shall collectively herein be referred to as, "the Parties").

RECITALS:

A. County entered into a Contract with the SIRE Technologies division ("SIRE Technologies") of AlphaCorp (d/b/a AlphaCorp Incorporated; Alpha Corporation; Alpha Numeric Solutions, Incorporated; Alpha Security; Alpha Corp Security; and Technology, Incorporated), a Utah corporation ("AlphaCorp") via Court Order Number 2012-1020 dated June 12,2012 (the "SIRE Contract"), attached hereto as "Exhibit A" and incorporated herein for all purposes.

B. Pursuant to an Asset Purchase Agreement (the "Purchase Agreement") between Hyland and AlphaCorp dated August 29, 2012, Hyland purchased all of the assets of SIRE Technologies from AlphaCorp, including the SIRE Contract.

C. Hyland and County desire to agree and to confinu the assignment and assumption of the SIRE Contract to Hyland.

NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged by the Parties hereto, the Parties hereby agree as follows:

1. Hyland and County hereby agree that pursuant to the consummation of the purchase by Hyland of the assets of SIRE Technologies from AlphaCorp, the SIRE Contract is hereby assigned to Hyland and Hyland shall assume and perfonu all of the duties, obligations, and services of SIRE Technologies and AlphaCorp under and pursuant to the SIRE Contract as if Hyland were the original party thereto.

IN WITNESS WHEREOF, the Parties hereto have accepted the tenus of this Agreement in full and caused this Agreement to be executed as of the date last written below.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

lof3

RECOMMENDED AND APPROVED BY:

SIRE TECHNOLOGIES, A DIVISION OF ALPHACORP:

BY:

Mike Painter Chief Financial Officer

HYLAND SOFTWARE, INC. ("HYLAND"):

BY: / Chris Hyland Chief Financial Officer

201'3

IV BY: -"="-~:.vct-'=P'-'---"'-------1\ Lewis Jenkins , las County Judge

DATE:_S_ep_t_e_ffi_b_er_2_5_,_20_1_2 ____ __

BY:~~~~ _________ __

John Warren County Clerk

APPROVED AS TO FORM*:

CRAIG WATKINS DISTRTr:r~TORNEY /'-~p . /1

BY '. ~~~-~'~~~~-~------

i'lTI?:{ l'u.J /'>- ~ . "='-" <~-:-~)

Deborah Jagai 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 THIS

DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF

OUR CLIENT. OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY

FOR THE BENEFIT OF OUR CLIENT. OTHER PARTIES SHOULD NOT RELY

ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR

OWN RESPECTIVE ATTORNEY(S).

COURT ORDER :g fe (} If.'.) JL ~J ('\

ORDER NO: ____ _


STATE OF TEXAS §

COUNTY OF DALLAS §


_-="'-____________ day of ~p'"te"'m"'b"'e"_r _____________ , 2012,

on a motion made U J ._D_r_, _E_l_b_a_G_a_r_c_i_a-,-_C_o_rrnn_i_s_s_i_o_n_e_r_o_f_D_is_tr_l_' c_t_N_o_, _4 __ , and seconded by

_Mi_'_k_e_C_a_n_t_r_e_l_l"-, _C_o_rrnn_l_' S_S_l_' o_n_e_r_o~f_' _D-,iccs,-,t-"r",j",.c,-,t~N",o-,,-=2,-_, the following Court Order was adopted:

WHEREAS, Dallas County Commissioners Court with Court Order 2012-1 006 authorized the award of Bid No. 2012-061-6016 Annual Contract for Commercial and Industrial Solid Waste/Refuse Collection and Disposal Services to IESI TX Corp.; and

WHEREAS, IESI TX Corp. has notified and submitted documentation to the Purchasing Department of a business name change to Progressive Waste Solutions of Texas, Inc., with no change in ownership or tax identification number; and

WHEREAS, this action supports Vision I, Strategy 1.3 by providing a sound, financially responsible, and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby recognize the name change of IESI TX Corp. to Progressive Waste Solutions of Texas, Inc., for Bid No. 2012-061-6016 Annual Contract for Commercial and Industrial Solid Waste/Refus~Collection and Disposal Services and authorizes all County documents/payments to reflect accordingly

'1i?7rf}RTd,;,iliO OS· So <mb"

i t/. r j! 1/1.._· ClayLe is eil'kins, County Judge

l.J

Recommended by: 'J.Wi[4~"/ Shannon S. Brown, Purchasing Agent/gm

COURT ORDER

ORDER NO. u DATE: September25, 2012

STATE OF TEXAS

COUNTY OF DALLAS


the _____ --'2~5'---_____ day of _______ -"S"'ep"'t"'e"'m"'b"er'--_________ , 2012, on motion made by

Dr. Elba Garcia, Commissioner of District #4 ____________ ~, and seconded by

Mike Cantrell, Connnissioner of District 1/2 , the following order was adopted.

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the County of Dallas, Texas ("County") and the City of Lancaster, Texas ("City") desire to enter into an lnterlocal Agreement for the purpose of City authorizing and retaining County, through its Road & Bridge forces, to maintain various "Type E" Roadways, "Type B" Roadways, such Projects situated wholly within the territorial limits of City; and

City has requested that County perfonn certain roadway maintenance services ("projects"), which may inelude improvements and maintenance of roadways, thoroughfares and bridges of major County importance, which are now existing or proposed, or improvements and maintenance of minor (local) streets, roads, bridges, alleyways and drainage facilities, and perfonning services which do not fall squarely within the purview of "Type E" or "Type B" Roadway Projects; and

the City has executed the attached Interlocal Agreement authorizing said work in accordance with Chapter 791 of the Texas Government Code; and

this collaboration between Dallas County and the City of Lancaster is consistent with Strategy 4.2 of the County's Strategic Plan in that it fosters partnerships between County and local cities therein on local transportation projects; and

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioners Court does hereby approve of the Interloca! Agreement between Dallas County and the City of Lancaster for the maintenance of various "Type E" and "Type B" Roadways, as well as perfOlmance of services which do not fall squarely within the purview of above-named Roadway Projects, situated wholly within the territorial limits of the City and authorizes the County Judge to sign and execute said document.

T, this the 25 day of_-c7"'-__ -'S"" e"",te",rn",b",e,..,r _____ ~ 20 12.

2~---~ ~C~~

Dr. Elba Garcia, District 4

STATE OF TEXAS §

COUNTY OF DALLAS §

MASTER INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF LANCASTER REGARDING TRANSPORTATION-RELATED

MAINTENANCE ON OR ABOUT CERTAIN DESIGNATED ROADWAYS SITUATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF LANCASTER

WHEREAS, This Master Interlocal Agreement ("Agreement") is entered into by the authority of Chapter 791 of the Texas Government Code and Chapter 251 of the Texas Transportation Code to provide authorization for local governments to contract amongst themselves for the perfolTIlance of governmental functions and services;

WHEREAS, On occasion, the County of Dallas, Texas, hereinafter called "County", and the City of Lancaster, Texas, hereinafter called "City", desire to enter into an Interlocal Agreement for the purpose of City retaining and authorizing County, through its Road & Bridge forces, to maintain various "Type E" Roadways, situated wholly within the territorial limits of City; and

WHEREAS, On occasion, the County and City desire to enter into an Interlocal Agreement for the purpose of jointly coordinating, facilitating and/or fimding maintenance activity on certain duly qualified "Type B" Roadways, also situated wholly within the territorial limits of City; and

WHEREAS, On occasion, the County and City desire to enter into an Interlocal Agreement for purpose of City authorizing, retaining and/or hiring County, through its Road & Bridge forces, to perform minor transportation-related maintenance services, including but not limited to pothole repair, cleaning and clearing of drainage culverts, roadway debris removal, and the like, which services do not fall squarely within the purview of "Type E" or "Type B" Roadway Projects, such projects to be performed on or about public roadways and alleyways situated wholly within the territorial limits of City; and

WHEREAS, This collaboration between County and City is consistent with Strategy 4.2 of the Dallas County's Strategic Plan in that it fosters partnership between County and local cities therein on local transportation projects;

NOW THEREFORE, THIS AGREEMENT is hereby made and entered into between County and City for the mutual consideration stated herein:

MASTER ROAO & BRIDGE [LA - CITY OF LANCASTER, TEXAS

I. PURPOSE

City has requested in the past, and will likely further request in the foreseeable future (1) that County either perform, or participate in the funding of, certain roadway maintenance services ("projects") on City's street system, which projects shall be identified as "Type B" or "Type E" Roadway Projects, or (2) that County, through its Road & Bridge forces, perform certain minor transportation-related maintenance services on or about City'S streets and alleyways which do not fall squarely within the collaborations contemplated by either of the aforementioned. Said projects might include, but shall not limited to, maintenance and improvements of roadways, thoroughfares, bridges, alleyways and drainage facilities of major County importance, now existing or proposed.

The terms and conditions set forth herein provide the cooperative framework for County and City to jointly undertake a series of transportation-related maintenance projects upon public roadways situated wholly within the incorporated and territorial jurisdiction of the City of Lancaster, said roadway being of significance to Dallas County. Projects to be undertaken per this Agreement shall be duly classified "Type B" or "Type E" roadway projects, or other minor transportation-related maintenance projects, whereby County, through use of its Road & Bridge work forces, equipment and/or funds, shall perform or cause to be performed maintenance, repair and/or qualified construction, including but not limited to scarifYing, stabilizing, grading, patching, seal coating, signing, pavement marking, mowing, widening, re-sectioning, overlaying and other duly qualified repair or improvement projects.

Each roadway maintenance project commenced herewlder shall be fully and specifically set forth and described in a separate Project Specific Agreement ("PSA"), and shall be approved by specific order of the Dallas County Commissioners Court, or a duly appointed employee representative of Dallas County, as well as the governing body of the City of Lancaster, Texas. Projects undertaken pursuant to this Agreement are for the benefit of the City and County, and not the purposeful benefit of any third parties. It is the express intention of City and County that any person or entity, other than City or County, receiving services or benefits hereunder shall be deemed incidental beneficiaries only.

Nothing herein shall be construed so as to prevent County and City from collaborating and working jointly, without prior and formal approval of their respective governing bodies, in cases of national, state or local emergencies or natural disasters.

II. CITY'S CONTRIBUTION

For duly qualified "Type B" Roadway Projects contemplated hereunder, City shall be responsible for the total funding and payment for the roadway maintenance services, less any amounts contributed by COLmty, which contributions, if any, may not exceed fifty percent (50%) of the total project costs, and may be made through commitment of financial resources, I.e. funding, or in-kind services, i.e. use of County's labor, equipment and/or materials.

MASTER ROAD & BRIDGE ILA - CITY OF LANCASTER. TEXAS 2

For all other projects contemplated hereunder, City shall be responsible for one hundred percent (100%) of the funding for services provided in whole or in part through use of County Road & Bridge personnel, equipment and/or materials.

All expenditures herein undertaken by City or County for the performance of these government functions shall be made from current revenucs available to them.

III. CITY'S OBLIGATIONS

Prior to the commencement of any project hereunder, City shall clearly detail the location, scope and nature of the services it desires performed. Should City desire that County, through employment of its Road & Bridge workforces, perform such services, County shall prepare a written and detailed proposal for City's consideration and approval, indicating all work to be performed by County, and at what costs and expense to City. Before any such work commences, City and County must have a clear and mutual understanding of the scope of services to be provided by County and the costs associated with each such project. Said mutual understanding shall be evidenced by supplemental documentation, i.e. project specific proposals, which shall only be binding once approved by County and the governing body of the City. Said proposals, if approved, shall be confirmed in writing, which shall be considered supplemental hereto.

Upon approval by the County, and immediately upon County's commencement of work duly authorized by them, City shall set aside, segregate and escrow for County's benefit, the full agreed amounts for costs and expenses for each project undertaken. County may elect to bill against segregated funds on a monthly basis for services performed during the course of the month, or it may bill against the segregated funds in full once a project is completed. In either event, County shall be paid promptly, and in full once the project is completed.

Where required by nature of the projects undertaken, City, at its own expense, shall be responsible for the following: (1) informing the public of the proposed maintenance or construction activity, (2) acquiring any right-of-way necessary to complete the project under consideration, (3) locating all manholes, water valves, and other utilities within the project, (4) making all utility relocations or adjustments necessary for the project, (5) remediation of any hazardous or regulated materials, or other environmental hazard on or near the project site, and (6) where necessary, providing appropriate traffic control support, including but not limited to flagging, cones, barricades, shadow vehicles, arrow boards, signage, police presence, etc., to enable the project to be completed in a timely and safe manner. City agrees to accomplish these functions, if required by projects under consideration, in a timely and efficient manner to insure that such activity will not delay the County's timely performance of its maintenance activities.

City agrees to permit County, at County's expense, to conduct routine special studies of traffic conditions within City, which studies might include traffic counts, measurements of speeds,

MASTER ROAD & BRIDGE Il.A CITY OF LANCASTER, TEXAS 3

delays, congestion, and the like.

IV. COUNTY'S CONTRIBUTION

For all projects contemplated hereunder, County shall contribute as follows:

1. For all duly qualified "Type BOO projects, County shall contribute an amount not to exceed fifty percent (50%), which contribution may be through pledge and commitment of County Road and Bridge funds, use of County Road and Bridge personnel and/or equipment, or a combination of the two, and

2. For all other duly qualified projects, County's contribution thereunder shall be limited solely to supplying labor, materials and/or equipment necessary to provide maintenance services, all of which shall be provided at City's, or another funding source's, expense.

V. COUNTY'S OBLIGATIONS

County shall not undertake performance of any project hereunder, until such time as same has been specifically approved by both the governing body of the City and the Dallas County Commissioners Court. Dallas County Commissioners Court might authorize and delegate limited approval authority to one or more of its employees, which delegation shall be evidenced by specific Court Order, and shall be binding on the County just as if executed and approved by the Dallas County Judge. Once so approved, if called upon to do so, County shall perform all services contemplated hereunder in a good and workmanlike mamler. Further, County shall not assign its rights, or delegate its duties and obligations hereunder to any third party without prior written approval of City. Nothing herein shall be construed to prohibit County from using subcontractors, where reasonably necessary, to aid in the completion of projects.

Should County, in executing any project contemplated hereunder, encounter conditions unknown, unforeseen or unforeseeable by County, County shall immediately bring same to attention of City, and await direction and guidance from City on resolution of same. Where reasonably required by nature of the unknown condition, County may cease performance hereunder until such time as adverse conditions are rectified or remedied by City, and such delay shall not constitute a material breach of this Agreement.

VI. TERM

The initial term of this Agreement shall be from the date of last execution by any required signatory party hereto until December 31, 2017. However, either party hereto, shall have the absolute right to terminate this Agreement, at any time, upon providing sixty (60) days written notice to the other party. If necessary, notice of termination shall be tendered consistent with the notice provisions and protocol stated below.

MASTER ROAD & BRIDGE ILA CITY OF LANCASTER. TEXAS 4

VII. LIABILITY

Nothing stated herein shall be construed as a waiver of all the protections afforded County as a sovereign goverumental unit. To the extent afforded by Texas Tort Claims Act, County shall be responsible only for claims, demands, jUdgments and the like attributable to the sole acts and omissions of its agents, officers and/or employees. County assumes no liability or responsibility for the acts and omissions of City, their employees, agents, officers or others working through them in any capacity.

Nothing stated herein shall be construed as a waiver of all the protections afforded City as a sovereign governmental unit. To the extent afforded by the Texas Tort Claims Act, City shall be responsible only for claims, demands, judgments and the like attributable to the sole acts and omissions of its agents, officers and/or employees. City assumes no liability or responsibility for the acts and omissions of County, their employees, agents, officers or others working through them in any capacity.

VIII. MISCELLANEOUS PROVISIONS

A. Entire Agreement. This Agreement and any attachments hereto sets forth the entire agreement between the parties respecting the subj ect matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether oral or in writing, between the parties respecting the same.

B. Severability. If any term, covenant, condition or provision of this Agreement shall be declared invalid by a tribunal of competent jurisdiction, the remaining terms, covenants, conditions, and provisions shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby.

C. Not an Agent. County and City mutually agree that neither entity acting hereunder shall be considered an agent of the other, and that each entity is responsible, if at all, for its own acts, forbearance, and deeds.

D. Venue. This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas County, Texas.

MASTER ROAD & BRIDGE ILA - CITY OF LANCASTER, TEXAS 5

E. Amendment. This Agreement may be supplemented andlor amended at any time through the mutual consent of both County and City, so long as all amendments, changes, revisions, and discharges of this Agreement, in whole or in part, are reduced to writing and executed by the parties thereto.

F. Notice. All notices, requests, demands, and other communication under this Agreement shall be tendered in writing and shall be deemed to have been duly given when either delivered in person, via e-mail, or via certified mail, postage prepaid, return receipt requested to the respective parties as follows:

COUNTY:

Commissioner John Wiley Price Road & Bridge District 3 1506 E. Langdon Road Dallas, Texas 75241

CITY:

Opal Mauldin Robertson City Manager City of Lancaster P. O. Box 940 211 North Henry Street Lancaster, TX 75146

and Director of Public Works Dallas County, Texas 411 Elm Street, Suite 400 Dallas, Texas 75202

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

H. Headings. The headings and titles used herein are for sake of convenience only, and not intended to affect the interpretation or construction of such provisions.

1. Contingent. This Agreement is expressly contingent upon formal approval by the Dallas County Commissioners Court and the governing body of the City of Lancaste,'Texas.


The City of Lancaster, State of Texas, has executed the Agreement pursuant to duly authorized City Council Action on the a,T~day of ___ a~\.~ ,2012.

The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number 2012-1599 and passed on the 25tl...1...day of" O€pte:rter ,2012.

Executed this t e ~'""-',,-_

CITY OF LANCASTEl}

D)l~J[rm&wu(ln~~,,~ Op!l Mauldin Robertson City Manager

ATTEST:

8f.~K.·~~u?-.e--CITY SECRETARY

Executed this the 25th day of ~fu>te:rter ~. ______ , 2012.

APPROVED AS TO FORM: Craig Watkins District Attorney

/( ,/~./<-;/~' c.', " . 0:;<"---.-0i'WV, >., .... "" (I.t' •

. ,.>7 v ," ~ // . , -,~~~

/ Vaul E. Hamilton --¥lI+--. V/Assistant District A"ttorney

"'8y Jaw, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise Of approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the Jegal perspective of our client. Our approval of this document was offered solely for the benefit of our client Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s),

COURT ORDER ') I)' 1; ."', \ 3, ORDER NO: ______ _



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

on the __ 2",5,,--_ day of September , 2012 on motion made by

Dr. Elba Garcia, Cormnissioller of District 114 and seconded by

-=:Mi=·k=e_C:::a=11:::t::rc::e:::l:::1-,-,_C=-0:;::mnu=·:.::s::s::i::o:::ll:::e=r_o=-f,,--,D:::i:::s:::t=r",i:::c:::t~I/2,,-______ , the following order was adopted:

WHEREAS, this item was briefed to the Dallas County Commissioners Court in closed session on September 18, 2012 as permitted by the Texas Government Code §551.071 (I )(b); and

WHEREAS, Dallas County on behalf of its project partner, the city of Sachse, needs to acquire, a portion of an improved propeliy at 2924 Pleasant Valley Road, Sachse, Texas, approximately 6,523 square feet in fee (right-of-way) and 2,272 square feet in permanent easement, located in conjunction with the Merritt Road MCIP Project 22805; and

WHEREAS, the right-of-way and permanent easements, Parcels 8 (I & 2) & 8-UE are needed for the widening, improvement and construction of Merritt Road from the existing 2 lane asphalt section to a 4 land concrete section with monolithic curbs and internal storm drainage from the Rowlett/Garland city limits to approximately 500 feet north of Pleasant Valley Road; and

WHEREAS, the property owners have offered a settlement to sell the right-of-way and permanent easement for the total amount of$92,576.00 or an increase of$31,807.00; and

WHEREAS, as a part ofthe settlement process, the owners have executed all necessary documents to complete this transaction and delivered copies of the executed Deed, Permanent Easement and two Contract Agreements; and

WHEREAS, the Dallas County Commissioners Court desires to purchase the right-of-way and easements for the total amount of$92,576.00 or an increase of$31 ,807.00 and to accept a Warranty Deed and Permanent Easement for utilities from the owners of the approximately 1.920 acre tract, save and except the Sll hsurface minerals, but waiving surface usage for mineral development; and

WHEREAS, the subject request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in partnering with its project partners, both municipal and citizenry, and being responsive to individual property owner's needs and recognizing those rights to the fullest extent.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Commissioners Couti of Dallas County, Texas authorize: (1) the purchase ofthe right-of-way and permanent easement located at 2924 Pleasant Valley Road, Sachse, Texas, needed for the Merritt Road MCIP Project 22805, at the negotiated settlement in the not to exceed amount of $92,576.00 or an additional amount of $31 ,807.00 above the appraised value, (2) payment to Republic Title of Texas, Inc. for the account of Stan McClain and Laura T. McClain to be paid from Fund 0196, Project 08201, and (3) execution of the two Contract Agreements and any other documents necessary to consummate this transaction

DONE IN OPEN COURT this the __ 2""5,,-,t,,,h __ day of_""'l~,-"5",e",,r ________ , 2012.

,

i Jenkins, County Judge t/~~l Mike Cantrell, District 2

AuL Dr. Elba Garcia, District 4

RECOMMENDED BY:

Attachments: Contract Agreement (fee) Contract Agreement (permanent easement)

Forms/ROW CO ~

THE STATE OF TEXAS §

COUNTY OF DALLAS §

CONTRACT AGREEMENT PERMANENT EASEMENT

KNOW ALL BY THESE PRESENTS:

That this Contract Agreement by and between the County of Dallas , hereinafter County, and STAN MCCLAIN, and wife, LAURA T. MCCLAIN, hereinafter Owner, whether one or more:

WITNESSETH:

WHEREAS, the County and Owner, whose property herein described is to be used in conjunction with the improvement of Merritt Road, a public road in Dallas County, Texas are desirous of constructing, widening, and securing the benefits from this construction and widening of said road:

NOW THEREFORE, it is mutually ab'Teed by and between the County and Owner as follows:

I.

THAT Owner, in consideration of the money paid by the County and other agreements as set forth in this document, agrees to convey to the County, an easement, in, over, upon and across certain lands necessary for the purpose of erecting, constructing, reconstructing, installing, replacing, repairing, operating, using, inspecting, modifYing, removing, and maintaining any and all public utilities, which is part of the widening, improvement or building of the said road, as described in Exhibit "A" attached hereto, and incorporated herein by reference for all purposes.

II.

County shall not deny access to and from Owner's remainder tract ofland, of which the Easement Property described in Exhibit "A" attached hereto is a part, to the public road facilities to be built. The use of the Easement Property by Owner shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with the authority over the Easement Property, and approval and/or permission concerning the use of the Easement Property by Grantor shall not be unreasonably withheld. County agrees that Owner may use the Easement Property for any and all purposes not inconsistent with the purposes set forth in the Utility Easement document, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference for all purposes.

Owner may not use any part of the Easement Property if such use may damage, destroy, injure, and/or interfere with County's and/or City of Sachse's use of the Easement Property for the purposes for which the Utility Easement is sought. Owner is not permitted to conduct any of the following activities on the Easement Property without the writtenpennission of County and/or City of Sachse: (I) construct any temporary or permanent building; (2) drill or operate any well; (3) impound surface water; or (4) plant trees or landscaping. Owner further agrees that it will not interfere in any manner with the purposes for which the Utility Easement is conveyed.

V:Property/ROWProjects/Merritt Project: Merritt Rd., MCIP 22805 (Pleasant Valley Road to Sachse City Limits)

Parcel: 8UE

Contract Agreement Permanent Easement Page 2

Owner shall retain all the oil, gas, and other minerals in, on, and under the Easement Property; provided, however, that Owner shall not be permitted to drill or operate equipment for the production or development of minerals on the Easement Property, but Owner will be permitted to extract the oil and other minerals from and under the Easement Property by directional drilling so long as such activities do not damage, destroy, injure, andlor interfere with County's and/or City of Sachse's use ofthe Easement Property for the purposes for which the Utility Easement is sought.

III.

In further consideration of the agreement, the County agrees and hereby binds itself to pay the Owner a total amount of NINE THOUSAND TWO HUNDRED FIFTY EIGHT AND NOIlOO DOLLARS ($9,258.00) said sum being full payment to Owner for the conveyance of the rights herein described, all improvements thereon, if any, including but not limited to, structures, fences and shrubbery, unless specifically excluded by paragraphs herein; and damages, if any, to the value of the remainder of the property out of which the herein described premises were originally a portion including all damages of whatever kind or character to any leasehold estates in the said remainder. The amount of money herein involved is to be paid by the County after execution of the required documents and the finalization ofthe payment procedure which normally requires three to four weeks for processing.

OTHER TERMS: There are no improvements located in the Proposed Easement.

SUMMARY: $9,258.00 FOR 2,272 Square Feet of Land (permanent easement) and Settlement Increase.

This contract agreement and the proposed settlement increase herein are subject to the acceptance and approval of the Dallas County Commissioner's Court at its sole discretion. If this proposed settlement is rejected for any reason whatsoever, this agreement shall be void and no further force and affect.

Executed by Owner and County as of the effective date.

Itness ~, I

Date

~~ Y/:?J»~ l I

Date

Project: Rev. 3/08

Parcel:

Merritt Rd., MCIP 22805 (pleasant Valley Road to Sachse City Limits) 8UE

Contract Agreement Pennanent Easement Page 3

COUNTY OF DALLAS, T

Recommended By:

Mike Cantrell, District 2

'J&e£ Dr. Elba Garcia, District 4

Alberta Blair, P.E. Director of Public Works

Effective date September 25 ,2012.

Rev. 3/08

REMAINDER OF PAGE INTENTlONALL Y LEFT BLANK

Project:

Parcel:

Merritt Rd., MClP 22805 (pleasant Valley Road to Sachse City Limits) 8UE

COUNTY: PARCEL NO. ROADWAY: MCIP PROJECT No.

DALLAS SUE MERRITT ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 8UE

Parcel8UE March 31, 2010

Sheet 1 of 3

BEING, a 2,272 square foot (0.052 acre) tract of land situated in the Zach Motley Survey, Abstract No. 1009, Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Stanley Maurice McClain and Steven Adair McClain to Stan McClain recorded in Volume 2005117, Page 8527 of the Deed Records of Dallas County, Texas; said 2,272 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod with "PACHECO KOCH" cap found in the easternmost west line of said McClain tract, the east line of that certain tract of land described in Warranty Deed with Vendor's Lien to Jessey Rayford Drain and Earlene Drain recorded in Volume 805, Page 214 of said Deed Records and the proposed south right-of-way line of Pleasant Valley Road (a variable width right-of-way); said point being in a curve to the left;

THENCE, in an easterly direction, along the said proposed south line of Pleasant Valley Road and said curve to the left, having a central angle of 01 degrees, 05 minutes, 11 seconds, a radius of 3545.00 feet, a chord bearing and distance of North 85 degrees, 19 minutes, 26 seconds East, 67.22 feet, an arc distance of 67.22 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found at the northwest end of a right-of-way comer clip at the intersection of the said proposed south line of Pleasant Valley Road and the proposed west right-of-way line of Merritt Road (a variable width right-ai-way);

THENCE, South 47 degrees, 38 minutes, 52 seconds East, departing the said proposed south line of Pleasant Valley Road and along said corner clip, a distance of 10.06 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, South 47 degrees, 38 minutes, 52 seconds East, continuing along the said corner clip, a distance of 6.89 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found for corner in the said proposed west line of Merritt Road; said point being at the southeast end of said corner clip;' . .

THENCE, South 01 degrees, 06 minutes, 19 seconds East, departing the said corner Clip and along the said proposed west line of Merritt Road, a distance of 173.31 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found for corner at the intersection of the said proposed west line of Merritt Road and the existing west right-of-way line of said Merritt Road; said point being in an offset in the said existing west line of Merritt Road;

THENCE, South 89 degrees, 11 minutes, 40 seconds West, departing the said proposed west line of Merritt Road and along said offset, a distance of 3.72 feet to an aluminum disk found for corner at an angle point in the said existing west line of Merritt Road;

1 of3

EXHIBIT "A"


Sheet 2 of 3

THENCE, South 00 degrees, 48 minutes, 20 seconds East, along the said existing west line of Merritt Road, a distance of 132.07 feet to a 1/2-inch iron rod with an unreadable pink cap found for corner in the south line of said McClain tract and the north line of that certain tract of land described in Exhibit "A" of the Partition Deed to Maurice L. McClain recorded in Volume 73241, Page 1582 of said Deed Records;

THENCE, North 89 degrees, 50 minutes, 08 seconds West, departing the said eXisting west line of Merritt Road and along the said south line of the first referenced McClain tract and the said north line of the second referenced McClain tract, a distance of 10.00 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner,

THENCE, North 00 degrees, 48 minutes, 20 seconds West, departing the said south line of the first referenced McClain tract and the said north line of the second referenced McClain tract, a distance of 136.01 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner,

THENCE, North 43 degrees, 53 minutes, 41 seconds East, a distance of 12.31 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 01 degrees, 06 minutes, 19 seconds West, a distance of 165.16 feet to the POINT OF BEGINNING;

CONTAINING, 2,272 square feet or 0.052 acres of land, more or less.

All bearings are based on the Texas State Plane Coordinate System, North Central Zone 4202, NAD 83 (CORS96), Epoch: 2002.00.

(A survey plat of even survey date herewith accompanies this description.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described.

c=z~_pp &--.I:-b-' -Micl1ael C.5Clover 03/31/2010 Register7,'! Professional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

3084-10.076 B&C PARCEL 8 UE.doc jaa

20f3

o

I ROAD (A VARIABLE''''OTH RIGHT-OF-WAY)

I I~ I~ 1}1

I~' . . .1::U.UO~ A~.') I r~ .JlI !l!~1"4. ----l 4' a"-:itll ~.~

ZACH MOTLEY SURVEY ABSTRACT NO. 1009

PART OF STAN McCLAIN

(VOL 2005117, PG. 8527) D.R.D.C.T.

-"-l!lJI'l'nlH o· 1/rIRtlHRt:ClWIH

"lW:IECO KOQf' CAl' sa (LIUSS ~ »OTm)

!lIT Vt' rt!)N IlOD 11m -"jItAQllECO IO:lCIf' eN' rot/IfIl

(CJt.) ~~ Il0l. o.a:mo:;: Wi:TIlI .... POIIIIRpjU w.. lIrA. 1«10 ""I. \II,I.'lU V,o\I,.W

"'<> m.:H-.oo -C #AlITAIn' s:w!Jt ~ ~.

MERRITT ROAD (A VARIABLE WIDTH RIGHT-OF-WAy)

N a9'5O'()8.~ w 298.51' ~

-SAMUEL COMPTON SURVEY ABSTRACT NO. 368

PART OF EXHIBIT to A" . MAURICE L MCCLAIN (VOL. 73241. PC. 1582)

O,R.C.C.T.

IlnI bQno (If} the Texo-" stat. Plcme CoordlnQte Centnll Zone .c202, NAt> 83 (CORS1IS).

MARGARETJ. RILEY SURVEY

'ACT NO. 1263 PART OF

aENBROOK WINCHESTER, LP, (VOL 94194. PC. 2246)

n.R.D,C.T.

J •

INST. NO. . : ~c. atmi 03/31/2010 COUNTY OF DAllAL:? ~ a£. ,e..~

O.P.R.O.C.T. Re rtd Pro_fend lorid SUrve.jror NQ, S226

l' '" 511'

TEXAS

"EXHIBIT B"

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM AL,\/Y INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER


COUNTY OF DALLAS §

UTILITY EASEMENT


That, STAN MCCLAIN, and wife, LAURA T. MCCLAIN, hereinafter Grantor, whether one or more, of the County of Dallas, State of Texas, for and in consideration of the sum of ONE DOLLAR AND NO CENTS ($1.00) and other good and valuable consideration to Grantor, in hand paid by the Grantee herein named, the receipt and sufficiency of which is hereby

acknowledged and confessed, and for which no lien is retained either expressed or implied, does by these presents GRANT, SELL AND CONVEY unto the COUNTY OF DALLAS, a political subdivision of the State of Texas, hereinafter Grantee, its successors and assigns, a general utility easement over, along, across and under, on, and through the parcel of land described in Exhibit "A" attached hereto and incorporated by reference herein for all purposes, the same as if fully copied herein (the "Easement Property"), to erect, construct, reconstruct, install, replace, repair, operate, use, inspect, modify, remove and maintain any and all public utilities (including water, wastewater, stonn water, detention, filtration, electric, telephone, gas, cable television, and electronic data transmission services), together with all lines, pipes, conduits and other equipment, improvements, and appurtenances used in the supply and provision of public utilities, deemed necessaTy.

It is further expressly provided that access to and from the remainder of the tract of land of which the Easement Property is a part, to the public road facilities to be built, SHALL NOT BE DENIED. The use of the Easement Property by Grantor shall be regnlated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with the authority over the Easement Property, and approval and/or pennission concerning the use of the Easement Property by Grantor shall not be unreasonably withheld. Grantor may use the Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement.

Grantor may not use any part of the Easement Property if such use may damage, destroy, injure, and/or interfere with Grantee's and/or City of Sachse's use of the Easement Property for the purposes for which the Utility Easement is sought. Grantor is not pennitted to conduct any of the following activities on the Easement Property without the written pennission of Grantee and/or City of Sachse: (l) construct any temporary or pennanent building; (2) drill or operate

V:PropertylROWPnHects

Rev. 5/07 Project: Merritt Rd. MCIP 22805

(Pleasant Valley Road to Sachse City Limits) Parcel: 8UE

Utility Easement Page 2 of3

any well; (3) impound surface water; or (4) plant trees or landscaping. Grantor further agrees that it will not interfere in any manner with the purposes for which the Utility Easement is conveyed.

Grantor shall retain all the oil, gas and other minerals in, on, and under the Easement Property; provided, however, that Grantor shall not be pennitted to drill or operate equipment for the production or development of minerals on the Easement Property, but Grantor will be pennitted to extract the oil and other minerals from and under the Easement Property by directional drilling, so long as such activities do not damage, destroy, injure, and/or interfere with Grantee's and/or City of Sachse's use of the Easement Property for the purposes for which the Utility Easement is sought.

Grantor authorizes Grantee, to cut and remove any vegetation or remove any physical interference which, in the sole judgment of the Grantee and/or City of Sachse, constitutes an interference with, or obstruction or hazard to, the Grantee's and/or City of Sachse's use of the Easement Property.

Grantor covenants that, at the time of execution of this Easement, Grantor is the owner of the Easement Propelty on which the easement is situated and has the right to convey the easement interest in the Easement Property, and that title to the property is free and clear of any encumbrances which would interfere with the ability to grant the easement.

TO HAVE AND TO HOLD the above described property for public utility purposes, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successor and assigns, forever, and Grantor does hereby bind itself, its

successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said 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.

SIGNED this

V·PropertyIROWPrt;:jects

Rev. 5/07

day of ________ , 2012.

Stan McClain

Laura T. McClain

Project: Merritt Rd. MCIP 22805 (pleasant Valley Road to Sachse City Limits)

Parcel: 8UE

Utility Easement

Page 3 of3


COUNTY OF DALLAS §

ACKNOWLEDGMENT

BEFORE ME, the undersigned authority, ou this day personally appeared STAN MCCLAIN and

LAURA T. MCCLAIN, known to me to he the person whose name is subscribed to the foregoing

instrmnent and acknowledged to me that they executed the same for the purpose and consideration therein

expressed.

Given under my hand and seal of office, this __ day of _______ ,2012.

V:PropertylROWProjects

Rev, 5/07

Notary Public in and for the State of Texas

Printed Name: ______________ _

My Commission Expires: __________ _

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Project: Merritt Rd. MCIP 22805 (Pleasant Valley Road to Sachse City Limits)

Parcel: SUE

COUNTY: PARCEL NO. ROADWAY: MelP PROJECT No.

DALLAS 8UE MERRITT ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 8UE


Sheet 1 of3

BEING, a 2,272 square foot (0.052 acre) tract of land situated in the Zach Motley Survey, Abstract No. 1009, Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Stanley Maurice McClain and Steven Adair McClain to Stan McClain recorded in Volume 2005117, Page 8527 of the Deed Records of Dallas County, Texas; said 2,272 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod with "PACHECO KOCH" cap found in the easternmost west line of said McClain tract, the east line of that certain tract of land described in Warranty Deed with Vendor's Lien to Jessey Rayford Drain and Earlene Drain recorded in Volume 805, Page 214 of said Deed Records and the proposed south right-of-way line of Pleasant Valley Road (a variable width right-of-way); said point being in a curve to the left;

THENCE, in an easterly direction, along the said proposed south line of Pleasant Valley Road and said curve to the left, having a central angle of 01 degrees, 05 minutes, 11 seconds, a radius of 3545.00 feet, a chord bearing and distance of North 85 degrees, 19 minutes, 26 seconds East, 67.22 feet, an arc distance of 67.22 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found at the northwest end of a right-of-way corner clip at the intersection of the said proposed south line of Pleasant Valley Road and the proposed west right-of-way line of Merritt Road (a variable width right-of-way);

THENCE, South 47 degrees, 38 minutes, 52 seconds East, departing the said proposed south line of Pleasant Valley Road and along said corner clip, a distance of 10.06 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, South 47 degrees, 38 minutes, 52 seconds East, continUing along the said corner clip, a distance of 6.89 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found for corner in the said proposed west line of Merritt Road; said point being at the southeast end of said corner clip; . .

THENCE, South 01 degrees, 06 minutes, 19 seconds East, departing the said corner clip and along the said proposed west line of Merritt Road, a distance of 173.31 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap found for corner at the intersection of the said proposed west line of Merritt Road and the existing west right-of-way line of said Merritt Road; said point being in an offset in the said existing west line of Merritt Road;

THENCE, South 89 degrees, 11 minutes, 40 seconds West, departing the said proposed west line of Merritt Road and along said offset, a distance of 3.72 feet to an aluminum disk found for corner at an angle point in the said existing west line of Merritt Road;

1 of 3

EXHIBIT "A"


Sheet 2 of 3

THENCE, South 00 degrees, 48 minutes, 20 seconds East, along the said existing west line of Merritt Road, a distance of 132.07 feet to a 1/2-inch iron rod with an unreadable pink cap found for corner in the south line of said McClain tract and the north line of that certain tract of land described in Exhibit "A" of the Partition Deed to Maurice L. McClain recorded in Volume 73241, Page 1582 of said Deed Records;

THENCE, North 89 degrees, 50 minutes, 08 seconds West, departing the said existing west line of Merritt Road and along the said south line of the first referenced McClain tract and the said north line of the second referenced McClain tract, a distance of 10.00 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 00 degrees, 48 minutes, 20 seconds West, departing the said south line of the first referenced McClain tract and the said north line of the second referenced McClain tract, a distance of 136.01 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 43 degrees, 53 minutes, 41 seconds East, a distance of 12.31 feet to a 1/2-inoh iron rod with "PACHECO KOCH" cap set for corner;





The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described.

~bP(J/i>" Micnaei C.;Clover 03/31/2010 Registered Professional Land Surveyor No. 5225 PacheclKoch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

3084-10.076 B&C PARCEL B UE.docJsa

2 of 3

I ROAD I (A VARIA8L£-.,lDTH RIGHT-OF-WAy)

I 11:! JESSEY RAYFORD DRA!N i &. EARLENE DRAIN

IQ, .... (VOL. 805, PG. 214) d Iw D.R.D.C.T. (II I

I~ I~

lL-" ZACH MOTLEY SURVEY

ABSmACT NO. 1009

PART Of STAN McCLAIN

N

i ~~O (VOl. 2005117, PG. 8527)

D.R.D.C.T. 20' WATERUN' EASEMENT I IIlllllAil «tti:l) g W l{rIltaolRllDWm is "i"ACI6O ~ (WI f'tiuHo ~ (c.w.) QJIllRrulNG IOUIEHT (0 -. ". ""'~ .....

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ME,! f![!!:TH '!o£~e ~I iftU::l4

J.!.N:"8.,:,~",-0·0,,,8,-· W:,-,298.51' _ ~ SAMUEL COMPTON SURVEY

ABSTRACT NO. 368 PART OF EXHIBIT NA" MAURICE L MCCLAIN

(VOL, 73241, PG. 1582) O.R.O.C.T,

~ I ____ II\IEIIIVtI PO\IiEII' UIIt(s)

~ ~ "'10)" : .. / tIWS$ 2. BIIC1t'\nQ$ IlnI bosed on the Texo" St<rlll PklM COOrdII'ICI'te ) 9-- .- AAU (UNC1H IN !'£El) Sy$tem North Central Zone 4202, NAO S3 (CORS96). :: :::i 'IlI6:£ f : 2002..00.

~ • 1'" !is'

INSTC~t.TY OF DALLAL? @'/J, ~-,e~ O.P.R.D.C.T.

CONTRACT AGREEMENT THE STATE OF TEXAS §

KNOW ALL BY THESE PRESENTS: COUNTY OF DALLAS §

That this Contract Agreement by and between the County of Dallas , hereinafter County and STAN MCCLAIN, and wife, LAURA T. MCCLAIN, hereinafter Owner, whether one or more:

WITNESSETH:

WHEREAS, the County and Owner, whose property herein described is to be used in conjunction with the improvement of Merritt Road and Pleasant Valley Road, public roads in Dallas County, Texas, are desirous of constmcting, widening, or securing the widening of said roads, and securing the benefits therefrom;

NOW THEREFORE, it is mutually agreed by and between the County and Owner as follows:

I.

THAT Owner, in consideration of the money paid by the County and other agreements set forth in this document, agrees to convey to the County, the land necessary for the right-of-way to widen, improve or build the said roads, as described in Exhibit "A" attached hereto, and incorporated herein by reference for all purposes.

II.

Owner agrees to deliver to the County a Special Warranty Deed conveying good and marketable title on the above described premises, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. County agrees that access to ill1d from Owner's remainder property to the public road facilities shall not be denied. Owner reserves all of the oil, gas, sulphur, and minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, Owner shall be permitted to extract the oil and other minerals from and under the conveyed Property by directional drilling so long as such activities do not damage, destroy, injure, and/or interfere with County's and/or City of Sachse's use ofthe conveyed Property for the purposes for which the Property is sought.

III.

In further consideration of the agreement, the County agrees and hereby binds itself to pay the Owner a total amount of EIGHTY THREE THOUSAND THREE HUNDRED EIGHTEEN AND NOll 00 DOLLARS ($83,318.00), said sum being full payment to Owner for the land hereinabove described: all improvements thereon, if any, including but not limited to, stmctures, fences and shmbbery, unless specifically excluded by paragraphs herein; and damages, if any, to the value of the remainder of the property out of which the above described premises were originally a portion including all damages of

V: Property IR 0 WProjects/M erritt Project: Merritt Road, MCIP 22805 (Pleasant Valley Road to Sachse City Limits)

Parcel: 8-1, 8-2

Contract Agreement Page 2 on

whatever kind or character to any leasehold estates in the said remainder. The amount of money herein involved is to be paid by the County after execution ofthe required documents and the finalization of the payment procedure which normally requires three to four weeks for processing.

OTHER TERMS: It is further agreed the Owner does not wish to retain the improvements (concrete drive, flower bed, chain link gates, barbed wire fencing and chain link fencing) located in the proposed Right of Way and therefore will be purchased by the County as part of this transaction with the right to move all, if any, improvements in the Right of Way.

This contract agreement and the proposed settlement increase herein are snbject to the acceptance and approval of the Dallas County Commissioner's Court at its sole discretion. If this proposed settlement is rejected for any reason whatsoever, this agreement shall be void and no further force and affect.

SUMMARY: $83,318.00 FOR 6,523 Square Feet of Land (fee), Improvements, Damages, and Settlement Increase.


Stan McClain ~Djte Witness

Laura T. McClain r!t.;ke.~ ,

Witness JP)~:-


Project: Merritt Road, MClP 22805 V:ProperrylROWProjectslMerritt

Rev. 2/08 (Pleasant Valley Road to Sachse City Limits) Contract Fee Parcel: 8-1, 8-2

Contract Agreement Page 3 of3

COUNTY OF DALLAS, TEXA .

I i

~U-ounty Judge

Recommended By:

~~t! Mike Cantrell, District 2


Alberta Blair, P .E. Director of Public Works

Ef" t' d t September 25 2012 ,eClve ae ______________________ , .


V: PropertylRO WProjec tslMerritt

Rev. 2108

Contract Fee

Project: Merritt Road, MCIP 22805 (Pleasant Valley Road to Sachse City Limits)

Parcel: 8-1,8-2

COUNTY: PARCEL NO. ROADWAY: MCIP PROJECT No,

DALLAS 8-1 MERRITT ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 8-1

Parcel 8-1 March 31,2010

Sheet 1 of 3

BEING, a 5,201 square foot (0.119 acre) tract of land situated in the Zach Malley Survey. Abstract No. 1009. Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Stanley Maurice McClain and Steven Adair McClain to Stan McClain recorded in Volume 2005117, Page 8527 of the Deed Records of Dallas County, Texas; said 5,201 square foot tract being more particularly described as follows:

COMMENCING, at an aluminum disk found at an angle point in the west right-of-way line of Merritt Road (a variable width right-at-way);

THENCE. North 89 degrees, 11 minutes, 40 seconds East. along an offset in the said west line of Merritt Road, a distance of 3.73 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, North 01 degrees, 06 minutes, 19 seconds West, departing the said offset in the west line of Merritt Road, a distance of 173.31 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 47 degrees, 38 minutes. 52 seconds West, a distance of 16.95 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner; said point being the beginning of a non-tangent curve the right;

THENCE. in a westerly direction. along said curve to the right, having a central angie of 01 degrees, 05 minutes, 12 seconds, a radius of 3545.00 feet, a chord bearing and distance of South 85 degrees, 19 minutes, 26 seconds West, 67.22 feet, an arc distance of 67.23 feet to a 1/2-lnch iron rod with "PACHECO KOCH" cap set for corner in the easternmost west line of said McClain tract and the east line of that certain tract of land described in Warranty Deed with Vendor's Lien to Jessey Rayford Drain and Earlene Drain recorded in Volume 805, Page 214 of said Deed Records;

THENCE, North 00 degrees, 08 minutes, 52 seconds East, along the said west line of the McClain tract and the said east line of the Drain tract, a distance of 9.17 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the south right-of-way line of Pleasant Valley Road (a variable width right-of-way); said point being the easternmost northwest corner of said McClain tract and the northeast corner of said Drain tract;

THENCE, South 89 degrees, 50 minutes, 08 seconds East, along the said south line of Pleasant Valley Road and the easternmost north line of said McClain tract, a distance 105.00 feet a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the Intersection of the said south line of Pleasant Valley Road and the said west line of Merritt Road; said point being the easternmost northeast corner of said McClain tract;

10f6

EXHIBIT "A"

Parcel 8-1 March 31, 2010

Sheet 2 of 3

THENCE, South 00 degrees, 29 minutes, 08 seconds East, along the easternmost east line of said McClain tract and the said west line of Merritt Road, a distance of 187.76 feet to an aluminum disk found for corner at an angle point in the said west line of Merritt Road;

THENCE, South 89 degrees, 11 minutes, 40 seconds West, departing the said east line of the McClain tract and along the said offset in the west line of Merr'ltt Road, a distance of 23.75 feet to the POINT OF BEGINNING;

CONTAINING, 5,201 square feet or 0.11 9 acres of land, more or less.


(A survey pial of even sUlvey dale h(~rewith accompanies Ihis description.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract of land described.

~~~~~;;;:::;Y~I~I --Micha C. CI ver 03/31/2010 Registered P. ofessional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

3084-1O.0768&C PARCEL 8-1 ROW.doc mww

2of6



EXHIBIT "A"


-"-'


Sheet 1 of 3

BEING, a 1,322 square foot (0.030 acre) tract of land situated in the 2ach Motley Survey, Abstract No. 1009, Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Stanley Maurice McClain and Steven Adair McClain to Stan McClain in recorded in Volume 2005117, Page 8527 of the Deed Records of Dallas County, Texas; said 1,322 square foot tract being more particularly described as follows:

COMMENCING, at an aluminum disk found at an angle point in the west right-ai-way line of Merritt Road (a variable width right-at-way);

THENCE, along the said west line of Merritt Road, the following two (2) calls:

North 89 degrees, 11 minutes, 40 seconds East, along an offset in the said west line of Merritt Road, a distance of 27.48 feet to an aluminum disk found at an angle point in the said west line of Merritt road; said point being in the easternmost east line of said McClain tract;

North 00 degrees, 29 minutes, 08 seconds West, along the said east line of the McClain tract, a distance of 187.76 feet to a point at the intersection of the said west line of Merritt Road and the south right-of-way line of Pleasant Valley Road (a variable width right-of-way); said point being the easternmost northeast corner of said McClain tract;

THENCE, North 89 degrees, 50 minutes, 08 seconds West, departing the said west line of Merritt Road and along the said south line of Pleasant Valley Road and the easternmost north line of said McClain tract, at a distance of 105.00 feet passing the easternmost northwest corner of said McClain tract and the northeast corner of that certain tract of land described in Warranty Deed with Vendor's lien to Jessey Rayford Drain and Earlene Drain recorded in Volume 805, Page 214 of said Deed Records, continuing along the north line of said Drain tract in all a total distance of 249.00 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING; said point being the northwest corner of said Drain tract and the westernmost northeast corner of said McClain tract;

THENCE, South 00 degrees, 08 minutes, 52 seconds West, departing the said south line of Pleasant Valley Road and along the west line of said Drain tract and the westernmost east line of said McClain tract, a distance of 17.05 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner; said point being the beginning of a non-tangent curve to the right;

30f6

EXHIBIT "A"


Sheet 2 of 3

THENCE, in a westerly direction, departing the said west line of the Drain tract and the said east line of the McClain tract and along said curve to the right, having a central angle of 01 degrees, 11 minutes, 03 seconds, a radius of 3545.00 feet, a chord bearing and distance of South 88 degrees, 47 minutes, 24 seconds West, 73.25 feet. an arc distance of 73.27 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 00 degrees, 09 minutes, 52 seconds East, a distance of 18.81 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the said south line of Pleasant Valley Road; said point being in the westernmost north line of said McClain tract;

THENCE. South 89 degrees, 50 minutes, 08 seconds East, along the said south line of Pleasant Valley Road and the second referenced north line of the McClain tract, a distance of 73.23 feet to the POINT OF BEGINNING;


All bearings are based on the Texas State Plane Coordinate System. North Central Zone 4202, NAD 83 (CORS96). Epoch: 2002.00.

(A survey plat of even survey date herewith accompanies this descriplion.)


~f!1b1 --Mich~ C. Clover 03/31/2010 Registered pfofessional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

3084-10.0768&C PARCEL 8~2 ROW.doc mww

4of6

ARD COPELAND _~U.~\!fY ABSTR.A.:'::-' .... I~:'!,:::;f,fO'," __ ,-

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I ROAD I (A VARJABLE WIDTH RIGHT-Of-WAY)

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1170 / ,"". MARGARET J.

RILEY SURVEY TRACT NO. 1263

~ N j'=5Il'

PARCEL NO. 8-1

"0>0 ANT VAl~ ~CEL PLEAS I , ---NO. 8-1

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JESSEY RAYfORD DRAIN & EARLENE DRAIN

(VOl. 805, PG, 214) D,R.D.C. T. .-__ -'-_~

PART OF BENBROOK WINCHESTER, L.P.

(VOL 94194, PG. 2246) O.R.D.C.T.

PLEASANT VALLEY ROAD STAT/ONS/OFFSErS

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PART OF STAN McCLAIN 2005117, PC. 8527)

O.R.D.C.T.

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B STA: 14+04.49 OFFSET: 45.00 RIGHT C STA: 13+38.12 OfFSET: 45.00 RIGHT o STA: 13+38.80 OffSET; 35.85 RIGHT E STA: 14+42.15 OFFSET: 45.29 RIGHT

MERRITT ROADSTAT/ONS/OFFSETS A STA: 21$+10.18 OFFSET: 55.00 lEFT E STA: 26+24.50 OF'FSET; 29.22 LEFT

LlNETABLE \ .... _ i ._ .. __ .

~ mil TO SCIit.£

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j; ~. ,""m<~~ ABSTRACT NO. 368 ~ , AREA TABLE = ~- ~ =< <0 :" :~:: ~~~ ~ J/QI" M:;JJar.tll ~

::i ~ ... ,: w.o.J£R II,\I.VE PART OF 20' WATERLINE EASEMENT GROSS = 83,623 SQ. FT. (1.920 ACRES) :ky .... -0- FlR£II"fl~wT MAURICE L. MCCLAIN (VOL 99101, PC, 4715).' PARCEL 8-1= 5,201 SQ. FT. (0.119 ACRES) COUN7Y O~ .. : ... ~1L ..... LA .. 8, TEXAS ~~ u@ SAAll~~YS£W£RI.!AbIWii..( (VOL 73241, PG. 1582) G.R.O.C.T. I: I NET 78422 SQ. FT. (1801 ACRES) DEP~oor.PC.lf!Llc KORKI'l

o ~e CAS I.IElU t:!ill£SL O.R.D.C. T. \' - . ,. RJGHT'.., Y" T. I ,. "'<0 nECIRI~ s<»: .. - I iNe't~ .

6" g [f.Jr-{f ~~'t[STJ.NO 1. A lege! d~serjpl.lon of '''Ien survey dats hen .... ith /1. Pacheco Koch ~A~ ~io~7~~~~~ RIGHT"P_F~W'4;Y: A"'.I?ICATION !:! I ... <.WI:lUI£A.t> p<)'f.UI ~~t{S) OCCompOniOlS thIS plot of survey· '-<;.' __ ;;,';,<tt:< ." - ~ J "IX REIl. ~i£/lJN(;. Flfi/II F ~6!1 ... ~ ow'" pP WI CROSS' • <~ DAttAS • FORI WORTH • HOIl$lON 1X REG SUfl\<ntNG FU!l.I llHOOO8G-OO ,' ....... ~..9- :.:~ ARM (WlGlti [N fU"!) 2. Bearings we hosed on the Tc:r:a! State Plane Coordinote BACH8I! CITY UAIIm TO' ,(,It JIILSU4NT U4U.IfY RGtD to • r; 11IE( System North Centrol Zonll -+202, NAO aJ (CORSS6), DRA_"1' iCJIECKED"1' I SCAt>! I tlArE. I JDB NillJIlI!i/ ~ ~ ~ • FM-o ::<. Epoch: 2002.00, MWW MCe! I" 50' MARCH 2010 I 3084-10.076 ~ ~ ~ $1A&!1"

DWe F!LE. 3084 lO-076PS-l.DWG

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"TRACT A" RICHARD SURVEY HERiTAGE PARK HOLDINGS. llC

(INST. NO. 201000202494) O.P.R.D.C.T.

ABSTRACT NO./228 .JS OO'48'56~ W

__ ..... ,_·'I38U)0· PART OF I MAURICE McCLAIN

PLEASANT VALLEY ROAD (VOl. 172. PG, 96) . D.RD.C.T.

(A VARIABLE WIDTH RIGHT-OF-~WAY)

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JESSEY RAYFORD DRAIN & EARLENE DRAIN

(VOL 805, PG. 214) D.R.O.C. T.

I, ONE-STORY f \rooll i.lUIl.!:>'NG

" I; 20' WA TERL,,,,--t--R; ~ 1~ -• d; o

'L ...!I ~fr5~14.1ornt... ~ ordinc\c Zone 4202. NAO &3 (CORS95).

PART or ! PLEASANT VALLEY UNITED ." METHODIST CHURCH

I~\~ (iNST. NO. 201000072066) ____ I'" '. , O.P.R.D.C.T _--;:r"

..... '~~ ._ .. --... -.'72 .50 ____ r ---:-:-10'4 -- -- . g ,,1~""S7~ , N

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NO, 11 70 ~4"~ ;\~':i~;1( ____ K? /9\)3.·2 C,Ultt"

/ '?""---l/2~INCH 'I IRON ROO ,: W/"WEST 502"

CAP FOUND (C.M.)

• I' , 50'

'{ MARGARET J. i,l RILEY SURVEY RAmus "",00 I

ABSTRACT NO 1263 lENG1li 73.27' • TANGENT 36.63'

CHO 0 BEARING S 88'47'24~ W

1('! P ART OF r , CHORO , ,,-,,' J

· BENBROOK WINCHESTER, L.P. · (VOL 94194, PC. 2246) · D.R.D.C. T.

:.' Th" \lndwsiqned, Registered Profe~1I!cnoJ Lond S\lrveyor. h..,.eby certifies thaI this plat of ~

S 89"11' 42" W suncy (Iccurately seh! out the metes ond bounds of the troct of lond described.

"EXHIBIT B"

Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any Instrument that transfers an interest in real property before it is filed for record in the public records: Your social security number or your driver's license uumber.

RIGHT-OF-WAY DEED

THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:

COUNTY OF DALLAS §

That, STAN MCCLAIN, and wife, LAURA T. MCCLAIN, hereinafter Grantor, whether one or more, of the County of Dallas, State of Texas, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien is retained, either expressed or implied, has Granted, Sold and Conveyed, and does by these presents Grant, Sell and Convey unto the COUNTY OF DALLAS, a political subdivision of the State of Texas, hereinafter Grantee, its successors and assigns, all of Grantor's right, title and interest in and to the real property more particularly described in Exhibit "A" attached hereto (the "Property"), and incorporated herein by reference for all purposes.

Grantor reserves all of the oil, gas, sulphur, and minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, Grantor shall be permitted to extract the oil and other minerals from and under the conveyed Property by directional drilling, so long as such activities do not damage, destroy, injure, andlor interfere with Grantee's and/or City of Sachse's use of the conveyed Property for the purposes for which the Property is sought.

This conveyance is made and accepted subject to all, if any, restrictions, easements, covenants and conditions of record in the Real Property Records of Dallas County, Texas, which affect the property herein conveyed, to the extent they are valid and subsisting and are enforceable against a political subdivision of the State of Texas.

TO HAVE AND TO HOLD the premises herein described and conveyed, together with all and singular the rights, appurtenances and hereditaments thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the rights and title to said premises unto the Grantee, its successors and assigns, against every person whosoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise.

8-1, 8-2 ROW Deed Rev. 5/07

Project:

Parcel:

Merritt Road, MClP 22805 (Pleasant Valley Road to Sachse City Limits) 8-1,8-2

ROW Deed Page 2 on

Executed this _ day of _________ , 2012,

STAN MCCLAIN

LAURA T, MCCLAIN

ACKNOWLEDGMENT


COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared STAt"! MCCLAIN known

to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that

he executed the same for the purpose and consideration therein expressed,

Given under my hand and seal of office, this . __ day __________ , 2012.

8-1,8-2 ROW Deed Rev, 5/07

Notary Public in and for the State of Texas Printed Name: ______________ _


Project:

Parcel:

Merritt Road, MCIP 22805 (Pleasant Valley Road to Sachse City Limits) 8-1,8-2


DALLAS 8·1 MERRITT ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 8·1

ParcelS·l March 31, 2010

Sheet 1 of 3

BEING, a 5,201 square foot (0.119 acre) tract of land situated in the Zach Motley Survey, Abstract No. 1009. Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Stanley Maurice McClain and Steven Adair McClain to Stan McClain recorded in Volume 2005117, Page 8527 of the Deed Records of Dallas County, Texas; said 5,201 square foot tract being more particularly described as follows:

COMMENCING, at an aluminum disk found at an angle point in the west right·of-way line of Merritt Road (a variable width right-at-way);

THENCE, North 89 degrees, 11 minutes, 40 seconds East, along an offset in the said west line of Merritt Road. a distance of 3.73 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE. North 01 degrees. 06 minutes, 19 seconds West, departing the said offset in the west line of Merritt Road. a distance of 173.31 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE. North 47 degrees, 38 minutes. 52 seconds West, a distance of 16.95 feet to a 1/2-inch Iron rod with "PACHECO KOCH" cap set for corner; said point being the beginning of a non-tangent curve the right;

THENCE. in a westerly direction,along said curve to the right. having a central angle of 01 degrees, 05 minutes. 12 seconds, a radius of 3545.00 feet, a chord bearing and distance of South 85 degrees. 19 minutes, 26 seconds West, 67.22 feet. an arc distance of 67.23 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the easternmost west line of said McClain tract and the east line of that certain tract of land described in Warranty Deed with Vendor's Lien to Jessey Rayford Drain and Earlene Drain recorded in Volume 805. Page 214 of said Deed Records;

THENCE, North 00 degrees, 08 minutes, 52 seconds East, along the said west line of the McClain tract and the said east line at the Drain tract, a distance of 9.17 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set for corner in the south right-at-way line of Pleasant Valley Road (a variable width right-of-way); said point being the easternmost northwest corner of said McClain tract and the northeast corner of said Drain tract;

THENCE, South 89 degrees. 50 minutes. 08 seconds East, along the said south line of Pleasant Valley Road and the easternmost north line at said McClain tract, a distance 105.00 feet a 112-inch iron rod with "PACHECO KOCH" cap set for corner at the intersection of the said south line of Pleasant Valley Road and the said west line of Merritt Road; said point being the easternmost northeast corner of said McClain tract;

1 of6

EXHIBIT "A"


Sheet 2 of 3

THENCE, South 00 degrees, 29 minutes, 08 seconds East, along the easternmost east line of said McClain tract and the said west line of Merritt Road, a distance of 187.76 feet to an aluminum disk found for corner at an angle point in the said west line of Merritt Road;

THENCE, South 89 degrees, 11 minutes, 40 seconds West, departing the said east line of the McClain tract and along the said offset in the west line of Merritt Road, a distance of 23,75 feet to the POINT OF BEGINNING;

CONTAINING, 5,201 square feet or 0,119 acres of land, more or less,

All bearings are based on the Texas State Plane Coordinate System, North Central Zone 4202, NAD 83 (CORS96), Epoch: 2002,00,

(A survey pIal of even survey dale herewith accompanies this description.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract of land described,

/;//-'-.,--!.. Y.L.--/ Micha C, CI ver 03/31/2010 Registered P ofessional Land Surveyor No, 5225 Pacheco Koch Consulting Engineers, Inc, 8350 N, Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg, Surveying Firm LS-100080-00

3084-10.076 a&c PARCEL 8·1 ROW,doc mww

2of6



EXHIBIT "A"


Parcel 8-2 March 31,2010

Sheet 1 of 3

BEING, a 1,322 square foot (0.030 acre) tract of land situated in the Zach Molley Survey, Abstract No. 1009, Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Stanley Maurice McClain and Steven Adair McClain to Stan McClain in recorded in Volume 2005117, Page 8527 of the Deed Records of Dallas County, Texas; said 1,322 square foot tract being more particularly described as follows:

COMMENCING, at an aluminum disk found at an angle point in the west right-of-way line of Merritt Road (a variable width right-ol-way);

THENCE, along the said west line of Merritt Road, the following two (2) calls:

North 89 degrees, 11 minutes, 40 seconds East, along an offset in the said west line of Merritt Road, a distance of 27.48 feet to an aluminum disk found at an angle paint in the said west line of Merritt road; said point being in the easternmost east line of said McClain tract;

North 00 degrees, 29 minutes, 08 seconds West, along the said east line of the McClain tract, a distance of 187.76 feet to a point at the intersection of the said west line of Merritt Road and the south right-of-way line of Pleasant Valley Road (a variable width right-of-way); said point being the easternmost northeast corner of said McClain tract;

THENCE, North 89 degrees, 50 minutes, 08 seconds West, departing the said west line of Merritt Road and along the said south line of Pleasant Valley Road and the easternmost north line of said McClain tract, at a distance of 105.00 feet passing the easternmost northwest corner of said McClain tract and the northeast corner of that certain tract of land described in Warranty Deed with Vendor's Lien to Jessey Rayford Drain and Earlene Drain recorded in Volume 805, Page 214 of said Deed Records, continuing along the north line of said Drain tract in all a total distance of 249.00 feel to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING; said point being Ihe northwest corner of said Drain tract and the westernmost northeast corner of said McClain tract;

THENCE, South 00 degrees, 08 minutes, 52 seconds West, departing the said south line of Pleasant Valley Road and along the west line of said Drain tract and the westernmost east line of said McClain tract, a distance of 17.05 feet to a 1/2·inch iron rod with "PACHECO KOCH" cap set for comer; said point being the beginning of a non-tangent curve to the right;

30f6

EXHIBIT "A"


Sheet 2 of 3

THENCE, in a westerly direction, departing the said west line of the Drain tract and the said east line of the McClain tract and along said curve to the right, having a central angle of 01 degrees, 11 minutes, 03 seconds, a radius of 3545.00 feet, a chord bearing and distance of South 88 degrees, 47 minutes, 24 seconds West, 73.25 feet, an arc distance of 73.27 feet to a 1/2-inch iron rod WITh "PACHECO KOCH" cap set for corner;

THENCE, North 00 degrees, 09 minutes, 52 seconds East, a distance of 18.81 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set for corner in the said south line of Pleasant Valley Road; said point being in the westernmost north line of said McClain tract;

THENCE, South 89 degrees, 50 minutes, 08 seconds East, along the said south line of Pleasant Valley Road and the second referenced north line of the McClain tract, a distance of 73.23 feet to the POINT OF BEGINNING;



(A survey plat of even survey date herewith accompanies this description,)


~ibbl--Mich,-,r C. CI6ver 03/31/2010 Registered pfofessional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

3084-10.076 B&C PARCEL 8·2 ROW.doc mww

40f6

;e ,q .0 ~, ... om 13--0 57 S:~ ~~ ~:!!!

AB S TR A l:.L.DY'-c.:r£;If.'?~'--.. _~. >J~CO '..::~~-:.:;:::.:.:::::::~- ----

I~OQ \-P'".~:jf;--.-+- ~.-l-_~--:-;~;~,--PENNY SURVEY " ~-.-.. -",.~ .. ~

-... --:-::;--:;.~~,. ABSTRACT ~~o<." L¥':.·

, NO. 1170 .-' ""'"

/1 k \ " ~'~\ 'I'! 1[1/.-' MARGARET J. Ic' c ~ A ~,I',,' ·1/2·'NCH 'RD!' ROO RILEY SUR'IEY

Y :~, ~ 1 \ '"1 i! . 19rWEST 602 VI \ -., _ & \ ,+ ~ ", :'1 CAP FOUND (C.M.)

[ROAD 1 (A VARIABLE WIDTH RIGHT-OF-WAY)

,_"""OW 1,8I\\-M:::,,( -=, ':;11 II '>;;'/ ABSTRACT NO. 1263 '<-1- I WooO BUilDING = U, . ! 1- - - f. PART OF ~ OI«-STCRY IT] £XISTJm l!-o.w'l~ '\ \0 8 '.!IN PlHS.llIl _ Ij,), 'I / - 1\ BENBROOK WINCHESTER L P

~ Ieo I >< W

" I VAlLEY ROAD 1 . '\'- , .' JESSEY RAYFORD DRAIN g~ PfWPOSfJ) ~o.w~ 1 ie' \ .-\ : (VOL 94194, PG. 2246)

& EARLENE DRAIN 0 "Ol! • 1 l~ '-'-1 O.R.D.C. T

(VOL, B05, PG. 214) ~ ,~y I [0 ~ , I 1 I~ I~ ci I~

l~ D.R,D.C,T. H:''''''' I !3 ff g (0.119 ACRES) ! \ :J - I,.g··! ;;:: z: J.4 §i·5~..1L..J4.i.O'L ----------J " _. I I ~ tr<

i~ P~i5,L :F-1

·'t ~ , I~ *' 20' WATERUNE EASEMENT 10 I 'I ,_ I ""Cf'O:lW

ZACH MOTLEY SURVEY (VOL 99101, PG. 4796) Ili~ '. . -IT ~~';'i" D.R.O.C. T. I 1 f ClJl"IE:R

ABSTRACT NO, 1009 N89"'~;j:l "0" ':''''''''w

(VOL

PRCf>t)sro 11.0,1'1. P.oJlCEi. ElnSilNG ROW lINt PIIOPEATY IJI<E

£l\IS'f\Il(l EJ.S~E'H UN(

SlJR't1;V UlE

PART OF STAN McCLAIN 2005117, PG. 8527)

D.RO.C.L

A!l(CM} ~ .,9:M) . 35.50' POl11lT OF,.... • " ' ", "

COUAJlCNClA'G \' ' ~. _,' STA; 2~+36.75. IVII"""" ~t 7 f.:,! QfrsET; 31.25 1£F'T '"

20' WATERUNE EASEMENT • , : BEGI'"''N/'''GI-- "I' OffSET 55~3lEFT I! l POINT' OF "1'\ !I~ (VOL 99101, PC. 4715) bl1.i_,"{'" IV;, Ilf ,- _"

MERRITT ROATDlt l:i,),I~ <x'sn~GR.O_w.~ "1-(A VARIABLE WIDTH RIGHT-Of-WAy) .I I . \ i ", ~

1/2-!NCH1RONROO Ii:: 1:- -..I ;,1; II ' " ' , (UNREADABLE) z j, I ,I

PLEASANT VALLEY ROAD STA TlONS/OFFSETS

B STA: 14+04.49- OFfSET: 45.00 RIGHT C STA: 13+:38.12 OffSET: 45.00 RIGHT

0 STA: 13+.38.80 OffSET: 35.85 RIGH E STft.: 14+-4-2.18 OFFSET: 45.29 RIGHT

MERRITT ROAO STA77ONSlOPFSETSI A I STA: 26+10.1~.1 OFfSET: 55.00 lEf!.1 E STA: 26+24.50 OFFSET, 2g.22 LEFT

lINETABl£ I llNE I BEARING LENGTH

II N01 'lg" W 173.31' " ,..,...",,'.,..,- '"

~ , " , SIl'

PARCEl NO. 8-1

(IJ ,0>0 ANT VAl~~CEL

PLEAS I I ~.........- NO. 6-1

~ PRES~",-

1= ot.i~t'

,~ NOT TO SCAlE

CI.IHVETABLE

CURVE I Cl DEi:'fA_.. 01 . . ;;(.

RADIUS 3545.00' lENGlH 67.23'

TANGENT 33.61' ~HORD AR1NG S 85"19'2S~ W

CHORD 67.22'

WjPIHK CAP FOUND . \

(C M) j . - COUNTY OF DALLAS N S9'50'OS~ W 2°8.51" ___ ~ ~ ., _ I -- ~ , I \NST. NO.-:-c:-::--::-::-;:----

SAMUEL COMPTON SURVEY ~ I ['1 GPROer ~EOP_=W_.r_ _ vm

ABSTRACT NO, 368 ~~ I' AREA TABLE =l = :;::;".~_ ~ ~~

0 ,/? IRON ROO v.rrn 'PADi£CO ,:¢OI" CII? S!T (liJ,.'USS QiHE/lI'ilSE mm;1)

(1:.J,l.) Ca"l~!1JJN(). WlNUMDlT .. ruCTRIC 1lEJ£1!

". POI![R PetE -. W .. ~ l.ltlER

w. WAllJI VAl'll:

'0 FlIiE H\'tIAANl

"@ SIlNJTARY S(~ l.lM'HOU ,., GAS I.!ElU

W," meTRIC !lOX

~.$-{< PO\l£R Pa.! 'l>!iH U~lT :sTAI<OAAII D'Io(rujUI> PO\I;DI ll)<£{S) .,. :rfui:;Wf ~ f[1;l) / .. , ~rr

PART OF 20' WATERLINE EASEMENT GROSS 83,523 SQ. FT. (1.920 ACRES) MAURICE l. MCCLAIN (VOL 99101, PG 4715) I PARCEL 8-1= 5,20,1 SQ. FT. ,(0.119 ACRES)

(VOL. 73241, PG. 1582) OR~C~ I NET ia,422-·SQ. FT. (1.801 ACRES) D.R.D.C.T r -

A legal description of .. ~en sur~ey dot ... h .. rewlth accompanies this plot of survay.

o""''''Y~ 0'''' """"0 <m "'" Texa.'! Stat .. Plooe Coordinate _ .. _" .•.. ~ • ~ f202. NAP 83 (CORS!l6), Jail Jt/lMMR

3064-10.076

7EXAS

•

,

~

~ ~

~ ,

"TRACT AP RICHARD COPELA SURVEY (VOL

HERITAGE PARK HOLDINGS, LLC (lNST. NO. 201000202494)

O.P.R.D.C.T.

ABSTRACT No.1 228 ; Js OO'48'55~ W ~38L05' PART OF ! MAURICE McCLAIN

PLEASANT VALLEY ROAD (VOL 172, PG, 96) J

(A VAR!AB,LE YIlOTH R!GHT-OF-~WAY) ,,' , D.R D.C.T. l:~~gl __ ~~89::.o'~·· ~90~7'_ N~!l"50'O£ W~_1~1.21' ...........- ..... 1 Vl

. - "-~---, ---.. -----'-~J~:~~~:~~~~~~_~~---S---8

~

PART OF ~UR1CE L. MCCLAIN

73241. PG. 1582) O,R.O.C.T. 1

\

I, ~

\8 \%

~


(VOL B05, PG. 214) D.R.O,C.T.

!. ON£-!;TORl I \'10(1) tlUllO'.NG

" I ~ 20' WA "R~"E--t-+h = I~ ~

Ii, zJZ I ~ ~ ....l< ~'50'08" w 14..'h00":,, ~

J II LEGEND

i ... _ ~v ~>o.w. f',II~ca


PART OF 5T AN McCLAIN

? ~ m

0

(CI.I.) -, ". -. ". "~ .", -' "'" ~,:;t"""*

.,.

El<'JS1lHG ROW UH£ I'ROP£J!TY UN£ EXISlmG ~E!(f U>I£ SIJfI~YU>I:E

l/l' men ROD urn "f',IICltECO KOCH" ColI' SCT (tmttss GtHtII'/iISE NOTED)

COIilROI..WIC MO!IIJI.IEl.IT

UtCTlUC 1.1£1(11

~'''' W,IIltFIl!tl£R

WAltR VAL\'(

f'lRI1" ll"JOiW<l

SAIIlTAAY SEm:R I.IMlIlOl!

CAS U£n:R i!t£llllllC SOX f'OlllER PCl.E \\I1H lI!lHr STANDARD DYER>l£A!) PO'M:lI UN!;:!S)

fCuW~~ EN fW")

""

(VOL. 2005117, PG. 8527) D.RD.CT

20' WATERLINE £ASEMENT___ J) I (VOL 99101. PC. 4715) -...... I 1

COUNTY OF DALLAS INST. NO,-:-c:-.:-:-::-: ~ __

O.P.R.O.C.T

A legel description of even :!IIJtVIlY date hetll'with oeeomponies this plot of survey.

ore bosed on the Te:<os Stote Plane Coordinot .. Zone 4202, NAD 83 (COR$96).

D.R.D.C.T.

PART or j PLEASANT VAl.LEY UNITED METHODIS1 CHURCH

J~\:'A(JNST. NO. 201000072066) !~ '_,.j O.P.RD.C:.! ____ ~ ~ -....... ____ ._-.. - ~72j.----:

~ s 1!r'4~" ~ N

/ . !'--1!2-INCH 'I IRON ROO :' WrWf.ST 502"

"CAP FOUND (C.M.)

r MARGARET J. RILEY SURVEY

ABSTRACT NO. 1263

PART OF BENBROOK IMNCHESTER. L.P.

(VOL 94194, PG. 2246) D.RD.C.T.

.lOB NUJ./itE/#

3054-10.076

COUNTY

r ,

COURT ORDER

201i! 16 1 ORDER NO: ______ _

DATE: Septembcr25, 2012



on the _~2",5,--_ day of September , 2012 on motion made by

Dr. Elba Garcia, Commissioner of District #4 and seconded by

_Mi,-,='k",e"--,C",'a",n,-,t",r~e",l,,,l-,-, -'C"'o"'mnu""""""s"'s"'i"'o'!.!n"'e±..r-'o""f"---'D""i"'s"'tcbr .. i"'c.ht_t"'IZ"-___ , the following order was adopted:

WHEREAS, this item was briefed to the Dallas County Commissioners Court in closed session on September 18, 2012 as permitted by the Texas Government Code §551 .071 (1 )(b); and

WHEREAS, Dallas County on behalf of its project partner, the city of Sachse, needs to acquire, a portion of an improved property at 3005 Merritt Road, Sachse, Texas, approximately 12,925 square feet in fee (right-of-way) and 3,331 square feet in permanent easement, located in conjunction with the Merritt Road MCIP Project 22805; and

WHEREAS, the right-of-way and permanent easements, Parcels II & II-UE are needed for the widening, improvement and construction of Merritt Road from the existing 2 lane asphalt section to a 4 land concrete section with monolithic curbs and internal storm drainage from the Rowlett/Garland city limits to approximately 500 feet north of Pleasant Valley Road; and

WHEREAS, the propelty owners have offered a settlement to sell the right-of-way and permanent easement for the total amount of $52,657.00 or an increase of $36,099.00; and

WHEREAS, as a part of the settlement process, the owners have executed allllecessary documents to complete this transaction and delivered copies of the executed Deed, Permanent Easement and two Contract Agreements; and

WHEREAS, the Dallas County Commissioners Court desires to purchase the right-of-way and easements for the total amount of$52,657.00 or an increase of$36,099.00 and to accept a Warranty Deed and Permanent Easement for utilities from the owner of the approximately 1.5990 acre tract, save and except the subsurface minerals, but waiving surface usage for mineral development; and

WHEREAS, the subject request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in partnering with its project partners, both municipal and citizenry, and being responsive to individual property owner's needs and recognizing those rights to the fullest extent.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Commissioners Court of Dallas County, Texas authorize: (1) the purchase of the right-of-way and permanent easement located at 3005 Merritt Road, Sachse, Texas, needed for the Merritt Road MCIP Project 22805, at the negotiated settlement in the not to exceed amount of$52,657,00 or an additional amount of$36,099,00 above the appraised value, (2) payment to Republic Title of Texas, Inc, for the account of Maurice McClain to be paid from Fund 0196, Project 08201, and (3) execution of the two Contract Agreements and lli1y other documents necessary to consummate this transaction

DONE IN OPEN COURT this the _-=2",-5t,",h __ day of_~~~"--_______ , 2012,

)



RECOMMENDED BY: Alb~~ Director of Public Works

Attachments: Contract Agreement (fee) Contract Agreement (permanent easement)

Forms/ROWeD

CONTRACT AGREEMENT


COUNTY OF DALLAS §

That this Contract Agreement by and between the County of Dallas, hereinafter County and MAURICE 1. MCCLAIN, a single man, hereinafter Owner, whether one or more:

WITNESSETH:

WHEREAS, the County and Owner, whose property herein described is to be used in conjunction with the improvement of Merritt Road and Pleasant Valley Road, public roads in Dallas County, Texas, are desirous of constructing, widening, or securing the widening of said roads, and securing the benefits therefrom;

NOW THEREFORE, it is mutually agreed by and between the County and Owner as follows:

I.

THAT Owner, in consideration of money paid by the County and other agreements as set forth in this document, agrees to convey to the County, the land necessary for the right-of-way to widen, improve or build the said roads, as described in Exhibit "A" attached hereto, and incorporated herein by reference for all purposes.

II.

Owner agrees to deliver to the County a Special Warranty Deed conveying good and marketable title on the above described premises, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. County agrees that access to and from Owner's remainder property to the public road facilities shall not be denied. Owner reserves all of the oil, gas, sulphur, and minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or dt~lling for same; however, Owner shall be permitted to extract the oil and other minerals from and under the conveyed Property by directional drilling, so long as such activities do not damage, destroy, injure, and/or interfere with County's and/or the City of Sachse's use of the conveyed Property for the purposes for which the Property is sought.

III.

The County agrees to construct on Owner's northern property area fronting Merritt Road one 30 -foot wide commercial driveway at or near Station 29+00 as shown on County's Paving Plan and Profile Construction Sheet 30 attached hereto as Exhibit "C" and one 10-foot wide residential driveway on Grantor's southern frontage along Pleasant Valley Road as shown onGrantee's Paving Plan and Profile Construction Sheet No. 31 attached hereto as Exhibit "D." By signing this agreement, County acknowledges

V :Property!RO WProj ects/M erritt Project: Merritt Road, MCIP 22805 (Pleasant VaUey Road to Sachse City Limits)

Parcel: 11


that it has obtained approval from the City of Sachse for the construction of the aforementioned driveways. Notwithstanding the forgoing, the County reserves the right to adjust the location of the driveway.

IV.

In further consideration of the agreement, the County agrees and hereby binds itself to pay the Owner a total amount of FORTY SIX THOUSAND EIGHT HUNDRED TWENTY EIGHT AND NOll 00 DOLLARS ($46,828.00) said sum being full payment to Owner for the land hereinabove described: all improvements thereon, if any, including but not limited to, structures, fences and shrubbery, unless specifically excluded by paragraphs herein; and damages, if any, to the value of the remainder of the property out of which the above described premises were originally a portion including all damages of whatever kind or character to any leasehold estates in the said remainder. The amount of money herein involved is to be paid by the County after execution of the required documents and the finalization ofthe payment procedure which nonnally requires three to four weeks for processing.

OTHER TERMS: It is further agreed the Owner does not wish to retain the improvements (wire mesh fencing and cross fencing, barbed wire fencing, steel gates and livestock gate) located in the proposed Right of Way and, therefore, such improvements will be purchased by the County as part of this transaction with the right to move all, if any, improvements in the Right of Way.

This contract agreement and the proposed settlement increase herein are subject to the acceptance and approval of the Dallas County Commissioner's Court at its sole discretion. If this proposed settlement is rejected for any reason whatsoever, this agreement shall be void and no further force and affect.

SUMMARY: $46,828.00 FOR 12,925 Square Feet of Land (fee), Improvements, Damages, and Settlement Increase.


Rev. 2108 Cantraer Fee


Parcel: 11


COUNTY OF DALLA TEXAS:


.~~' JdL Dr. Elba Garcia, District 4

Recommended By:

Effective date September 25

Rev. 2108

Comract Fee

Alberta Blair, P.E. Director of Public Works

,2012.


Parcel: 11


DALLAS 11 MERRITI ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 11

Parcel 11 March 31,2010

Sheet 1 of 3

BEfNG, a 12,925 square foot (0.297 acre) tract of fand situated in the Richard Copeland Survey, Abstract No. 228, Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Patricia Brooks and husband, Thomas J. Brooks, Amy L. McClain, Richard S. Murphree, Mary Louise James and husband, J.v. James, James Willis Murphree, Jr., Patricia Honea and husband, Bert N. Honea, Jr., Mary Charlie Murphree, Harold W. Pierson, Audrey Louise Barlow and husband, Walter Henry Barlow, Rosemary Pierson, Norman A. Pierson, Roger Q. Pierson, Genevieve Tomm and husband, Leo M. Tomm and Maybelle Murphy and husband, William Elton Murphy to Maurice McClain recorded in Volume 172, Page 96 of the Deed Records of Dallas County, Texas; said 12,925 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod with "PACHECO KOCH" cap set at the northwest comer of said McClain tract and a reentrant corner of that certain tract of land described as ''Tract A" in Special Warranty Deed to Heritage Park Holdings, LLC recorded in Instrument No. 201000202494 of the Official Public Records of Dallas County, Texas;

THENCE. North 87 degrees, 17 minutes, 56 seconds East, along the north line of said McClain tract and a south line of said "Tract A", a distance of 154.79 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, North 87 degrees, 17 minutes, 56 seconds East, continuing along the said north line of the McClain tract and the said south line of ''Tract A", a distance of 25.61 feet to a 112-inch iron rod found for corner in the west right-of-way line of Merritt Road (a variable width right-ofway); said point being a southeast comer of said "Tract A";

THENCE, South 00 degrees, 38 minutes, 56 seconds West, departing the said north line of the McClain tract and along the said west line of Merritt Road, a distance of 390.06 feet to a 112-inch Iron rod with "PACHECO KOCH" cap set for corner at the Intersection of the said west line of Merritt Road and the north right-of-way line of Pleasant Valley Road (a variable width right-ofway);

THENCE, North 89 degrees, 50 minutes, 04 seconds West, departing the said west line of Merritt Road and along the said north line of Pleasant Valley Road, a distance of 181.21 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for comer in the west line of said McClain tract; said point being a southeast corner of said "Tract A";

THENCE, North 00 degrees, 48 minutes, 56 seconds East, departing the said north line of Pleasant Valley Road and along the said west line of the McClain tract and an east line of said "Tract A", a distance of 16.71 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for comer; said point being the beginning of a non-tangent curve to the left;

1 of 4

EXHIBIT "A"


Sheet 2 013

THENCE, in an easterly direction, departing the said west line of the McClain tract and the said east line of "Tract A" and along said curve to the left, having a central angle of 02 degrees, 12 minutes, 12 seconds, a radius of 3454.00 feet, a chord bearing and distance of North 86 degrees, 05 minutes, 13 seconds East, 132.81 feet, an arc distance of 132.82 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 38 degrees, 26 minutes, 06 seconds East, a distance of 45.33 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set for corner;



All bearings are based on the Texas State Plane Coordinate System, North Central Zone 4202, NAD 83 (CORS9S), Epoch: 2002.00.



~Mdi~ Mjelufel i. CI~ 03/3112010 Registe~~d Professional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

3084-10.076 S&C PARCEL 11 ROW.doc rim

2 of4

20' VIA TERUNE {VOL 99101, 1 i i I

RICHARD COPELAND SURVEY ABSTRACT NO. 228

MERRITT ROAD I :- ' fXlS1l><? ROW, \

I !?l'.-~"-,-,p,l"("(:l ,

~~t f r;~--:~f~;" u~ (A VARIABLE WlDTH RIGHT-OF-WAY) /8°! ! ,z J

l/2-INCH IRON

ROO W/'PACHr~o KOCH" CAP SET (C.M.)

POINT OF COMMENCING

<c I- ~TRACT A" i!fRITAGE PARK HOLDINGS, LLC -(INST. NO. 201000202494) I O.P.R.D.C. T.

>< ffl

}/I" ~ w ~

:gw ~,

b i,:g

~i!

' ~ Ii. Ii ~ \ ~(~~~r;~~5:~~EMji:9' I :: I DRDn WILLIAM D. PENNY SURVEY

~ - _.<~.;B r .~I. ABSTRACT NO, 1170 N 87,7'50" E ,";4.79' Af i /1, . I ! J ,.-" :£10' WATER SERVICE EASEMENT '" J ,", (VOL 96006. PG. 32B9)

o ;" t PART OF ci '" -" 1---90' BUlLDlNG SETBACK UNE LOT 2

MAUR!CE L. McCLAIN i<-) ~ ': '- '- I (VOl. 96006, PG. 3289) BLOCK A (VOL. 172, PG. 96) Co! :3 I: s '1--... CHARITYS CHRYSTAL

O.R_D.C. T. ~ - • ft' O"J"lIJ"J;, c: -............ POND ESTATE 20' WATERLINE EASEM.EN. T I. ~ (1:1 <:> c: 'l1~ '-..... (VOL. 96006. PG. 3289)

(VOL. 99101, PG. 4729) 3: ." 1 TT IQ '"'6.<-f;--...... ............. D R D C T D.R.DCT.: '<0 e '- "-.... .. , ..

:: I", '1,0' '-...... m F. ~ 1 "TRACTS 1, 2, 3 & 4" '-........ - ,

1/2R~i~JE~~ {C.M.}

PARCEL 11 g 10 \., 1:- UNITED METHODIST '- '- ............. 12.925 SF z til ,-4 ';:! CHURCH, INC. '-

I ,g D.R.O.C.T.

PARCEL NO, 11

~ N

59'

1': 5&'

~-----, P!. m \ 1. ' 1 .. -' ~);;o~:;S~?CIt PLEASANT VALLEY --......... ............

I !, ~~O;'('"' , , '~'''fl!: COUNTY OF DALLAS

(0.297 ACRES) [ I l '. ~ (VOl. 97249. PG. 1042)

PRO?OSU> R.O-)\!., Ii! \ (/ 'i.lD~";~~· ~

d i Ie

~ I ~ RICHARD COPELAND SURVEY

MATCHUNE STA. 28+81.95

iNST. NO. -,-c-=-,-.,-,,----O.P.R.D.C.T.

~ ABSTRACT NO. 228 , o

~ I LEGEND o .. ~ ... o.W.PAl«:£l

~

I OISlIHO ~O\Y UN! AAOI'ERlY liNE ~ EASf;l,!OITUIIE

""'" ~ 0 1/1: IRON !loP MlH

"PACHtCO ~OCH· CJ

c ~. E

F

PLEASANT VAll.EY ROAD STATIONSIOFFSETS

STA: 14+38.18 OffSET: 15.27 LEFT STA: 12+56.34 OffSET: 29.33 LEFT STA; 12+57.40 OffSET; 46.00 LEFT

STI\: 13-+91.99 OfFSET; -46.00 lEFT

PARCEL NO. 11

PAReR NO. 11

PLEASANT '~oAD '<illY ~

~ The un<;lcrsigned, Registered Professional Land Surveyen-, hereby cutifjes that this plot of ~ survey o.ecvra\ely sets out the metes a bounds of th ... uact 01 land dl,lscribed.

PRES/DEN 1° ~OR" Sus" '" ~ ]?'IJ ... AI' ~ ~ , ~r . ..-? .,.

I WCT TO SCAl.£

~II "" .. aEC"IRlCMElm I:l,,~:-":~~::"'''';:H'''··-::~=';'::'I AREA TABLE (C.M.) CO!flRaJ.nIG loIOtIU\lDH -. ~,~

0, pOll[R pOl.[

MERRITT ROAD STA TlONSIOFFSETS

A STA: 30+71.77 OFFSET; 58.SO lEfT ~.

w • •• '0 w. =0

r."...;r~

"'"

1'/A1DI LlEl£R

SAIIIl'Af GI\S 1o!E,~

"""'" ~ f'O'It(R POU; VfiH UGHT STIINOAlID CM:Rt!£J,I) pOl\ElI UNE($)

~W~Wfw f££1)

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'" T "'.,.... 'Ul--,--'7 .. <I.' f 'n=<::rr. ....? Q? I"'"

L A l"'9ol description of even survey dote herewith accompooies this piat of survey.

2. Beorit1gs are bosed on the T,,>:<Is stote Plalle Coordinate System North Centro! Zone 42Q2, NAO 83 (CORS96), "poet): 2002. 00. ~-3084-10.076

TEXAS

~ lCC

MATCH LINE STA. 28+81.95

N OO~4B'56H E fto.l'I. .'16.71'

1-=---.L- _ ~8~

0

(c.II.)

". ~.

~ ;111 ~.

"¢ ~l ~~

"'"9 ~~/-i) --"'"$~l r:..w~crw, .. FUll S)'!lt~ NQrth Centro) Zone 4202, NAO 83 (CQRS96),

1REE Epoch: 2002.00.

GROSS PARCEL 11

CI j~~,

u."'c~

UTRACTS I, II, III & IV" ! PLEASANT VALLEY

UNITED METHODIST CHURCH, INC.

(VOL 97249, PG. 1042) O.R.O.C.T.

PLEASANT VALLEY UNITED N METHODIST CHURCH

(iNST. NO. 201000289419) O.P.R.D.C. T.

INST.

PARCEL NO. 11

,. I' ~ 50'

PARti:L NO. 11 ta\

PLEASANT

PAReR @ o. 11

VAll£Y 0

~$iGt~~ - - %11--11)"

~ > ~OT TO SI

o '<t

"EXHIBIT B"

Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any Instrument that transfers an interest in real property before it is filed for record in the public records: Your social security uumber or your driver's license uumber.

RIGHT-OF-WAY DEED


COUNTY OF DALLAS §

That, MAURICE 1. MCCLAIN, a single man, hereinafter Grantor, whether one or more, of the County of Dallas, State of Texas, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien is retained, either expressed or implied, has Granted, Sold and Conveyed, and does by these presents Grant, Sell and Convey unto the COUNTY OF DALLAS, a political subdivision of the State of Texas, hereinafter Grantee, its successors and assigns, all of Grantor's right, title and interest in and to the real property more particularly described in Exhibit "A" attached hereto (the "Property"), and incorporated herein by reference for all purposes.

Grantor reserves all of the oil, gas, sulphur, and minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however Grantor shall be permitted to extract the oil and other minerals from and under the conveyed Property by directional drilling, so long as such activities do not damage, destroy, injure, and/or interfere with Grantee's or the City of Sachse's use of the conveyed Property for the purposes for which the Property is sought.

This conveyance is made and accepted subject to all, if any, restrictions, easements, covenants and conditions of record in the Real Property Records of Dallas County, Texas, which affect the property herein conveyed, to the extent they are valid and subsisting and are enforceable against a political subdivision of the State of Texas.

TO HAVE AND TO HOLD the premises herein described and conveyed, together with all and singular the rights, appurtenances and hereditaments thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the rights and title to said premises unto the Grantee, its successors and assigns, against every person whosoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise.

V: Property/RO\VProjectsiMerritt

Rev. 5/07 Project:

Parcel:

Merritt Road, MClP 22805 (Pleasant Valley Road to Sachse City Limits) 11

ROW Deed Page 2 of2

Executed this _ day of _________ " 2012.

MAURICE L. MCCLAIN

ACKNOWLEDGMENT


COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared MAURICE L.

MCCLAIN, known to me to be the person whose name is subscribed to the foregoing instrument and

acknowlcdged to me that he executed the same for the purpose and consideration therein expressed.

Given under my hand and seal of office, this __ day of ____________ , 2012.

V: Property/ROWProjectsiMerritt

Rev. 5/07

Notary Public in and for the State of Texas Printed Name: ______________ _


Project:

Parcel:

Merritt Road, MCIP 22805 (Pleasant Valley Road to Sachse City Limits) 11

COUNTY: PARCEL NO. ROADWAY: MCIP PROJECT No,

DALLAS 11 MERRITT ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 11

Parcel 11 March 31, 2010

Sheet 1 of 3

BEING, a 12,925 square foot (0.297 acre) tract of land situated in the Richard Copeland Survey, Abstract No. 228, Dallas County, Texas; said tract being part of that certain called 2.0 acre tract of land described in Warranty Deed from Patricia Brooks and husband, Thomas J. Brooks, Amy l. McClain, Richard S. Murphree, Mary Louise James and husband, J.V. James, James Willis Murphree, Jr., patricia Honea and husband, Bert N. Honea, Jr., Mary Charlie Murphree, Harold W. Pierson, Audrey Louise Barlow and husband, Walter Henry Barlow, Rosemary Pierson, Norman A. Pierson, Roger Q. Pierson, Genevieve Tomm and husband, Leo M, Tomm and Maybelle Murphy and husband, William Elton Murphy to Maurice McClain recorded in Volume 172, Page 96 of the Deed Records of Dallas County, Texas; said 12,925 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod with "PACHECO KOCH" cap set at the northwest cemer of said McClain tract and a reentrant corner of that certain tract 01 land described as "Tract A" in Special Warranty Deed to Heritage Park Holdings, LLC recorded in Instrument No. 201000202494 01 the Official Public Records of Dallas County, Texas;

THENCE, North 87 degrees, 17 minutes, 56 seconds East, along the north line of said McClain tract and a south line of said "Tract A", a distance of 154.79 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, North 87 degrees, 17 minutes, 56 seconds East, continuing along the said north line of the McClain tract and the said south line of "Tract A", a distance of 25.61 feet to a 1/2-inch iron rod found for corner In the west right-at-way line of Merritt Road (a variable width right-alway); said point being a southeast corner of said "Tract A";

THENCE, South 00 degrees, 38 minutes, 56 seconds West, departing the said north line of the McClain tract and along the said west line of Merritt Road, a distance of 390.06 leet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the Intersection of the said west line of Merritt Road and the north right-of-way line 01 Pleasant Valley Road (a variable width right-alway);

THENCE, North 89 degrees, 50 minutes, 04 seconds West, departing the said west line of Merritt Road and along the said north line of Pleasant Valley Road, a distance of 181.21 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the west line of said McClain tract; said point being a southeast corner of said "Tract A";

THENCE, North 00 degrees, 48 rninutes, 56 seconds East, departing the said north line of Pleasant Valley Road and along the said west line of the McClain tract and an east line of said "Tract A", a distance of 16.71 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for comer; said point being the beginning of a non-tangent curve to the left;

1 of4

EXHIBIT "A"


Sheet 2 of 3

THENCE, in an easterly direction, departing the said west line of the McClain tract and the said east line of "Tract A" and along said curve to the left, having a central angle of 02 degrees, 12 minutes, 12 seconds, a radius of 3454.00 feet, a chord bearing and distance of North 86 degrees, 05 minutes, 13 seconds East, 132.81 feet, an arc distance of 132.82 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 38 degrees, 26 minutes, 06 seconds East, a distance of 45.33 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set for corner;



All bearings are based on the Texas State Plane Coordinate System, North Central Zone 4202, NAD 83, (GORS96), Epoch: 2002.00.

(A survey pial of even survey dale herewith accompanies this description.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract of land described,

~~4I-f2 ~ Mj£:h;&1 i. CI~ 03/3112010 Register~d Professional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dailas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100o80-00

3084-10.076 B&C PARCEL 11 ROW.doc rim

2of4

20~V~~~~~~1~ ~~~E~~~--i----T ". 1... I PARCEL NO 11


N 87'~7~:6:TE I ~"r;~~!:.:"~ MERRITT ROAD SHEET 3 OF 4

KOCH" CAP SET (C.M.)

25.61' J Pl ~I I "' '.~'(l (A VARIABLE WlOTH RIGHT-OF~WAY) POINT OF . g~I' , I

i' ' ;:;; 'I l (VOL. 96006, PG. 3289)

J I J i DRD.C.T. WILLIAM D. PENNY SURVEY

----

lj2-!NCH JRON\ ROD WI'PACHECO

POINTOF/i

COMMENCING J

BEGINNING" (/I i. ~I- - : ----r---20' STREET EASEMENT

"67'7'''"'- -,,-,.-,,-. .Co-I...l';;';S .~.. ABSTRACT NO. 1170 J . i I

1j2-INCH IRON ;" ........ 10' WATER SERVlCE EASEMENT ROD FOUND·IO _ -...... j;(VOL 96006 PC 3289)

(C.M.) , c: i"""" !

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4: I- "TRACT A" CHRITAGE PARK HOLDINGS, llC -(INST. NO. 201000202494) :r: O.P.R.D.C.T.

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PART OF , §i i _ . <...... ' '--- 90' BUILOI:-lG SETBACK UNE MAURICE L. MCCLAIN 10 '" I -... I (VOL 96005. PG J289) LOT 2 e (VOL 172, PG. 96) q g I ~ BLOCK A

D.R_D.C.T. ~ '>"'!l s 6",J 1'- CHAR1TYS CHRYSTAL ~ -- "ft- .,,']"- ~ '-...... POND ESTATE

20' WA T£RUNE EAS(MENT 3; / ~ I ~ " -......... (VOL 99101. PG. 4729) 3: ~ r ~ "'~ ....... -......... (VOL. 96006. PG. 3289)

D.R.D_C.T. ~ t:g \' I ~ '-o . .<r-......................... D.R.D.C. T.

,.-- ~ r I: ~ \ l ;>,_"O-';} G(:.w;m:n 'TRACTS 1, 2, 3 & 4" ....... -............. -......... -......... PARCEL 11 g I . 0 \1! 113.: C,,'!li ;-::t.qr~ PLEASANT VALLEY --............-......... 12.925 SF (t) \1: I~ UNITED METHODIST ............. .............

Z lit:"" CHURCH, INC. ....... (0.297 ACRES) . I. I '. ~.~ . (VOL 97249. PG. 1042) " I ,0 D.R.D.C.T.

PROPOSW ,,0.1'1".-,. "fl ; b: .. ......--~--O;'C'. '(~~,~'l£ , 1 : 'i L/ ,."",,,

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COUNTY OF DALLAS INST. NO._~~ ___ _

OP.R.D.C.T.

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MATCHUNE STA. 28+81.95 ~ I ~ RICHARD COPELAND SURVEY PARCe.. NO. -11 a ~ ABSTRACT NO. 228 b I I~I ==},lLE[§]G ~==:::=j o

~

i PLEASANT VAi..LEY ROAD

STA TlONS/OFFSETS

~ STA: 14+3&18 OfFSET: 15,27 LEFT o STA: 12+56,;}4- OfFSET: 29.33 LEn

E SlA; 12+57.40 OfFSET, 4tl.OO LEFT

F STA; 1.3+91,99 Off"SET: 46.00 LEfT

MERHI77 ROAD STA 170NS/OFFSETS

A 5T A: 30+72. n OFFSET: 58.50 lEFT

S STA: 30+73,91 OFfSET: .32.92 LEFT

C STA: 26+83.89 OFFSET: 38 . .38 LEFT

IillI!:S;, .G STA: 27+45.74- OFFSET: 58.50 LEFT

PARCEL \g7 Th~ und.er~ign~d. R.egistsr"'tl Professiom;d Land o. 11 Surveyor, herel:lY ~(Irtifit!5 that thki plot of .... "" • ..., ....

PLE:ASANT ~~~J!I o~~~:t~~~f~f ~~dth:e~~:~. ".U-'"

f---------- AR£A TABLE

GROSS 69,646 SQ. FT. PARCEL 11 12,925 SQ. FT.

NET 56,721 SQ. FT.

NOT TO SCALE

(1.599 ACRES) (0.297 ACRES) (U02 ACRES)

ti-<1 ~ - w Off'

_~AtlNJ1I2$

COUNTY OF DALlAS, TEXAS _.--oF P/JI!I4C.. """""

PARCEL NO. n

"TRACTS I, H, iI! & IV" PLEASANT VALLEY

UNITED METHODIST SHEE' 4 OF 4

MATCHUNE STA. 28+81.95 CHURCH, INC.

50' 100' J' ~ 511'

~T (o.! ! lEi (VOl. 97248, PG (VOl. 9S101 PG.472S) (' q III 'j D.R.D_C.T.

RICHARD COPELAND SURVEY , D.RD.C,T .• , ,I g d. ,. ",', "."'C" PLEASANT VALLEY UNITED N ABSTRACT NO . . 228 ~, 1 t::,' "'~~",.!c;.V'Y-' ' -31~::': (!NS~E1;;gDli~,g;~2~;~'9)

I PARCEL 11 ~ i ---iii ~NIS'S44-' O.P.R.O.C.T.

jg" 12,925 Sf ',t'l 1';' 0' I:" "TRACT AN ~ ~ (0.297 ACRES) ~ I II ~ . \ ~8 !~2

HERITAGE PARK HOLDINGS, LLC w1w PART OF ~ I ~-l ~ ~j I gR ~R _ ,0..,..89'.

PAAtaN6~-1;ARc€L ~ 0.11

(INST. NO. 201000202494) 'wh" MAUR!CE L. McCLAIN ;:::: I 1"1 ~ ::l; ~ .• E. I~ N Ia"3'.:2.: ~09~ O.P.R.D.C.T. ~I;n t>=OZ"1Z'lZH (VOL 172, PG, 96) pm, .,.0 I .' N 7S'3'O? ~N I83~ c/ t.. 01

';'w RDCT -0 ! 6a.OO_~ ,72.5 o b R=3454.00' 0, . . . . g 1 Ul ,1 ., . wi

PLEASANT <> RQI-.O VAlLEY (!;

~f)£NT r;c-~Gf: :'(f~ to ----------~~~~t~y ~ ~ L=132.82' w~"'osw C~;'t;~,"~ :z j' j'/l 'tl. PART OF '""

« CB=N 86·05'13~ E 45.33' , I! \ . METHODIST CHURCH b '-~ - . T=66.4-2' N 3S"26'06

H

E I' _ ! ", PLEASANT VALLEY UNJTE~D ~! ~-~\

t- CD=132.a1' ! j U !3:~ (JNST. NO. 201000072066) 0 . - ~ ____ ~ '" ~ NorTIl~

CO J i Il.:l "-." O.P.R,D~ a' ___ , -, _ --------....---. _}}'2;5 __

I N 00'48'56' E .; I Jbd~' 's TO"':!' ~ - -MARGARET J. RILEY (;<1 rOJSflIWR.o.w. .l6.71' 3~$' 1! z - ~ SURVEY ~ - "-B~ !!~~7' 0, N ~~~ W_...'~21· .' G ,~~ LLiAMD, ~ ABSTRACT NO. 1263

_~..,.---:-~~ ~-7""-:>~ 1 PENNY SURVEY-- . \ -0327' I ... _.'~""'"''''.'~~~'~ L ,- moo ,,':00 ~=m"'o. ABSTRACT _ 9

o ---- I' rPiiOPL :JD'W'l7. [[-~~o~t~~;lb - -1 NO 1170~~·E~ ~OI<~[~ C S-rP:; 14+38.18 LOfTSu: 15..27 lEFT !';: OF" .~"A:.r _ '. - ~ j ~ IS'\) "C~R9& i --'-·-·----·-s~O-~-~--:'-£-,44~oo~h-J·OB'-W'~~~ n; r1~;?PLEASA~NT ; ~:~~~!~I:::;lE 1 LEGENO 10 I \\j ~1 J: {,(VALLEY ROAD AM~:r;::~~S=~a'::::~ :g PRQ'osrofl.O.W.PARc:a JESSEY RAYFORD DRAIN ~ , !'{P/2-JNCH IRONJI"., j (A VARIABLE WIDTH R!GHT~OF-WAY) B STA: 30+73.91 OFFSET: 32.92 LEFT -2 ---- ~~G II"ClWI,J.'I£ & EARLENE DRAIN 1- PART OF J ROO W!".WEST I~ , PART OF C STA: 26+83.89 OFFSET~ 38.36 lEFT

5! =-=-= ~~on llliE (VOL. 805, PG. 214) ]3: STAN McCLAIN I III fOU~~2 C~ ~ ~ \ BENBROOK 'MNCHESTER, LP. G STA: 27+45,74 OFFSET: 55.50 LEFT g;: ~\lfYIJI<£ D.R.D.C.T. 1;: (VOL 2005117, I I;" Ill' Ii- \ (VOL. 94194, PG. 2246) COUNTY OF DALLAS ~ 0 tj~-IRON 11"00 ",,1>1 "ro PG 8527) ..... f H 1 J i D.RD.C. T. INST NO

o <t

~ ~~~~=I'<IS~~C>~) ZACH MOTLEY ~ ORO CT I \! ~ " . . O.P.R.D.C.T. -G (CII.) ~G WootJUOH til 1111!;!;: . NO. ~ 8Y .tWT .::! ., ... ~ lRMl')CSIGN SURVEY 20'WATERUN£'. AREA rABLE Jt:I?I'J1itl£CTIltJ.U/I1S-.J

; :; ~=::.":. ABSTRACT NO. 1009 (V~~~;~" I '~,~ GROSS "69.646 SQ, FT, (1,S99 ACRES) COUNTY OF/DALLAS, TEXAS 6::; ;:~ :::=T ! pc:; 4796) .1 b PARCEL 11 "" 12,925 SQ. FT. (0.297 ACRES) ~ -OF-~ KQIi#(S

~J: """~ UGWAliRl.lAAKEJ/: ~ O.R.O.C.T. I f.. 0 NET 56,721 sQ. FT. (1.302 ACRES) ':...oE4¥AY T. ~w~ ""·9 ~1!RMI.NHOl£ 1. A Jegol deSCfiption of!lwn SlJrveydoteherewith • Z _,I' .~ _",.'

~ t,. JO;>W}--t;c PQWVI PO..E ac:companles this plat 01 surve.y. ~. ",{ Pac'-eco K""c'" II3&; N. COnRAL EXPWY. SUITE 1000 RIGHT"OF~WA'T DEDICATION )_0 U!:>l1 ""THtJG!flstA~AAO iill II " I' DAlLAS, TX1S2O;; TJ( flEe. ENGINEERING FlRJ,I r-4S9 "." ! ~::~ ""!:) 1:.w(WI~I>' raT) System Narth Central Zone 4202, NAD 83 (CORS96), 'I PAl'~ • fOl<l WORlH • ~OUSTON EX REG. St:Rw:'c'lNG F1RW i.S-10I3OaO-OO &<ICII49E C(TY LJWfS 10 ftUi48ANr ItAUEY RQU)

~~.9- lREE Epoch: 2002.00. tm-tlH¥iJY I ClfECXSJ9r I ${MU I 1M1£ I JO(lNf.IMSU __ _ iIrfnf-_ _.~" ~ ~ '2 ~ MWW/RlJA MCC I 1~ SO' IJAACH 2010 I 3084-10.076 ~ ~ $NE- S/IEU

owe fll£: 3084 10-076Pl1.0WG

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COUNTY OF DALLAS §

CONTRACT AGREEMENT PERMANENT EASEMENT


That this Contract Agreement by and between the County of Dallas, hereinafter County, and MAURICE L. MCCLAIN, a single man, hereinafter Owner, whether one or more:

WITNESSETH:

WHEREAS, the County and Owner, whose property herein described is to be used in conjunction with the improvement of Merritt Road, a public road in Dallas County, Texas, are desirous of constructing, widening, and securing the benefits from this construction and widening of said road:

NOW THEREFORE,it is mutually agreed by and between the County and Owner as follows:

l.

THAT Owner, in consideration of the money paid by the County and other agreements as set forth in this document, agrees to convey to the County, an easement, in, over, upon and across certain lands necessary for the purpose of erecting, constructing, reconstructing, installing, replacing, repairing, operating, using, inspecting, modifying, removing, and maintaining any and all public utilities, which is part of the widening, improvement or building of the said road, as described in Exhibit "A" attached hereto, and incorporated herein by reference for all purposes.

II.

County shall not deny access to and from Owner's remainder tract ofland, of which the Easement Property described in Exhibit "A" attached hereto is a part, to the public road facilities to be built. The use of the Easement Property by Owner shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with the authority over the Easement Property, and approval and/or pennission concerning the use of the Easement Property by Grantor shall not be unreasonably withheld. County agrees that Owner may use the Easement Property for any and all purposes not inconsistent with the purposes set forth in the Utility Easement document, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference for all purposes.

Owner may not use any part of the Easement Property if such use may damage, destroy, injure, and/or interfere with County's and/or the City of Sachse's use of the Easement Property for the purposes for which the Easement is sought. Owner is not pennitted to conduct any of the following activities on the Easement Property without the written pennission of County and/or the City of Sachse: (1) construct any temporary or pennanent building; (2) drill or operate any well; (3) impound surface water; or (4) plant trees or landscaping. Owner further agrees that it will not interfere in any manner with the purposes for which the Utility Easement is conveyed.

V:Property/ROWProjects/Merritt Project: Merritt Rd., MCIP 22805 (Pleasant Valley Road to Sachse City Limits)

Parcel: 11 DE

Contract Agreement Permanent Easement

. Page 2

Owner shall retain all the oil, gas, and other minerals in, on, and under the Easement Property; provided, however, that Owner shall not be permitted to drill or operate equipment for the production or development of minerals on the Easement Property, but Owner will be permitted to extract the oil and other minerals from and under the Easement Property by directional drilling, so long as such activities do not damage, destroy, injure, and/or interfere with County's and/or City of Sachse's use of the Easement Property for the purposes for which the Utility Easement is sought.

III.

In further consideration of the agreement, the County agrees and hereby binds itself to pay the Owner a total amount of FIVE THOUSAND EIGHT HUNDRED TWENTY NINE AND NO/lOO DOLLARS ($5,829.00) said sum being full payment to Owner for the conveyance of the rights herein described, all improvements thereon, if any, including but not limited to, structures, fences and shrubbery, unless specifically excluded by paragraphs herein; and damages, if any, to the value of the remainder of the propelty out of which the herein described premises were originally a portion including all damages of whatever kind or character to any leasehold estates in the said remainder. The amount of money herein involved is to be paid by the County after execution of the required documents and the finalization ofthe payment procedure which nonnally requires three to four weeks for processing.

OTHER TERMS: There are no improvements located in the Proposed Easement.

SUMMARY: $5,829.00 FOR 3,331 Square Feet of Land (permanent easement), Damages and Settlement Increase.

This contract agreement and the proposed settlement increase herein are subject to the acceptance aud approval of the Dallas County Commissioner's Court at its sole discretion. If this proposed settlemeut is rejected for any reason whatsoever, this agreement shall be void and no further force and affect.


Project: Rev. 3/08

Parcel:

Merritt Rd., MCIP 22805 (Pleasant Valley Road to Sachse City Limits) llUE

Contract Agreement Permanent Easement Page 3

COUNTY OF DALLAS, TEXAS'

Recommended By:


Alberta Blair, P .E. Director of Public Works

Effective date September 25 ,2012.

Rev. 3/08


Project:

Parcel:

Merritt Rd., MClP 22805 (Pleasant Valley Road to Sachse City Limits) llOE


DALLAS HUE MERRITT ROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 11 UE

Parcel 11UE March 31, 2010

Sheet 1 of4

BEING, a 3,331 square toot (0.076 acre) tract of land situated In the Richard Copeland Survey, Abstract No. 228, Dallas County, Texas; said tract being part of that certain called ''two acre" tract of land described in Warranty Deed from Patricia Brooks and husband, Thomas J. Brooks, Amy L. McClain, Richard S. Murphree, Mary louise James and husband, J. V. James, James WIDIs Murphree, Jr., Patricia Honea and husband, Bert N. Honea, Jr., Mary Charlie Murphree, Harold W. Pierson, Audrey Louise Barlow and husband, Walter Henry Barlow, Rosemary Pierson, Norman A. Pierson, Roger Q. Pierson, GeneVieve Tomm and husband, Leo M. Tomm and Maybelle Murphy and husband, William Elton Murphy to Maunce McClain recorded In Volume 172, Page 96 of the Deed Records of Dallas County, Texas; said 3,331 square fOot tract being more particularly described as follows:

COMMENCING, at a 112-inch Iron rod with "PACHECO KOCH" cap found at the northwest comer of said McClain tract and a reentrant comer of that certsln tract of land descr/bedas ''Tract A" In Special Warranty Deed to Heritage Park Holdings, LLC recorded In Instrument No. 201000202494 otthe Offlclal Public Records of Dallas County, Texas;

THENCE, North 67 degrees, 17 minutes, 56 seconds East, along the north line of said MCClain tract and a south line of said "Tract A", a distance of 144.78 feet to a 112-lnch iron rod with "PACHECO KOCH" cap set for comer at the POINT OF BEGINNING;

THENCE, North 87 degrees, 17 minuteS: 56 seconds East, continuing along the saki north line of the McClain tract and the said south line of "Tract A", a distance of 10.01 feet to a 112.lnch iron rod With "PACHECO KOCH" oap found for comer in the proposed west right-of-way line of Merritt Road (a vanable width right-of-way);

THENCE, South 00 degrees, 09 minutes, 11 seconds East, departing the said north line of the McClain tract and the said soUth line of "Tract A" and along the said proposed west line of Merritt Road, a distance of 327.03 feet to a 112-inch iron rod with "PACHECO KOCH" cap found for comer at the northeast end of a right-of-way comer clip at the Intersection of the said proposed west line of Merritt Road and the proposed north line of Pleasant Valley Road (a variable wldlh right-of-way);

THENCE, South 38 degrees, 26 minutes, 06 seconds West, deparling the said proposed west line of Merritt Valley Road and along said corner clip, a distance of 16.03 feet to a 112-lnch Iron rod with "PACHECO KOCH" cap set for comar,

THENCE, North 00 degrees, 09 minutes, 11 aeconds West, departing said corner clip, a distance of 339.12 feet to the POINT OF BEGINNING;

1of4

EXHIBfT"A"

CONTAINING, 3,331 square feet orO.07B acres of land, more or less.


Sheet 2 of4

All bearings are based on the Texas state Plane Coordinate System, North Central Zone 4202, NAD 83 (CORS96), Epoch; 2002.00.

IA survey plat of even survey date herewith accompanies this description.)

The undersigned, Registered Professional Land Surveyor, hereby certifres that the foregoing description accurately sets out the metss and bounds of the easement tract described.

c::<~~ Micl1ael C/Clover 03131/2010 Registe~ ProfessIonal Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy. #1000, Dellas 1)( 75206 (972) 235-3031 1)( Reg. Surveying Firm LS-1ooD8o.00

3084-10.0768&C PARCEl 11 UE.doc iss

2of4

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<r:

POINT OF COMMENCING

~II~ will i8 w i> • 81~ I

al ::c ? 20' WAlUlUNE EAS£},jENT I I; m:::I

~ "TRACT A"

(VOL 99101, PC. 4709) O.R.O.Cor.

HERITAGE PARK HOLDINGS, LlC (INST. NO. 201000202494)

O.P.R~D.C.T. I

PART OF MAURICE L McCLAIN (VOL 172. PG. 96)

D.R.D.C.T.

MATCHUNE STA. 28+81.95

COPELAND SURVEY ABsmACT NO. 228

- .• - SURmLM

0- 1fT.OH 1I(lD"''' 'PACHECO I(Caf" CAP Rl/Ia) {lINl.f.SS~N01m'

(CJ,I.) CCH'IRCtJJNC AlOIMIillIT

"'0 ItI..£ClRIC 1llElSi: .... POYElI: POl..(

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tM'-t:f ~stllNDNlO - ...... ....., l:l~JNfEEl)

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1. A logol dqeripUoo of even $Urvey dote herewith occomplm1e3 thl$ plot of survey.

2. aeain~ ore baeed on -the TelC(l1lI Stote Plane ~I!lClto S)Stlln'l North Centrm Zooe "202, NAO 83 (C0RS9B}. E"poch, 2002..00.

'ITT ROAD /;'A/liABLE \\lOTH RIGHT-Of-WAY)

321$9)

WILLIAM D. PENNY SURVEY . ~BSmACT NO. 1170

>-&~10' WATER SERIJICE EAs:o.tatT "'>-.:::,. "t1lC( (VOL 95006. PC. 3289)

"'" .......... L-90' 8lJit.01NG SETBACK LINE: LOT 2 ;:-!'.. .::-....... I (VOL 95006, FG. 3289} BLOCK A ~ 'h CHARITYS CHRYSTAL

/ ,,~[ "- POND ESTATE . ~ ~ '-. (VOL 96006. PG. 3289)

.~. _ '-. D.R.D.C.T.

... I' "58'

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"TRACTS 1. 2. 3 & 4" ...... ......... ,~ i'flQPostO ~I£ PLEASANT VAlLEY '- -.. -.......... rL ........ --- . -.-- UNITED MElHQDIST .................. ..........

CHURCH, INC. ...... -.......... (VOL. 97249, PO. 1042) ......

C.R.D.C. T.

1._~~~CA£Tt COUNTY OF DALLAS

PAAC$. NO. TrUE & PAA<n. I;S1

10. 11UE

""""'" T VAlLEY -R,

INST. NO.~~~~ __ _ O.P.R.D.C.T.

...

""" .... o

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TEXAS

"TRACT A" HERiTAGE PARK HOLDINGS, LLC

(lNST. NO. 201000202494) O.P.R.D.C. T.

I RICHARD COPELAND SURVEY

ABSTRACT NO. 228

"TRACTS I. II. II! & JV" PLEASANT VAlLEY

UNITED METHODIST CHURCH, INC.

(VOL 97249, PG. 1042) O.R.D.C.T. ! • I' : !if'

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MAURICE L McCLAIN (VOl. 172. PG. 96)

P.R.D.C.T.

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lO WiWEfir 11'i PART OF 502" CAP ~.' BENBROOK \IJINCHESlER. LP

fOUNO}C.Id.) / (VOL 94194. PG. 2246) Ik . ~~~~~

.............. JESSEY RAYFORD DRAIN

I~ """'" ... "" &: EARLENE DRAIN PART OF -,,- (VOL. B05. PG. 214) STAN McCLAIN I """"'-"" IN (VOl. 2005117, .....,"" D.R.D.C.T .

0 IJrlltlltlJlllO M'ni " PG. 8527) I "P~ KlX:H" C4P SET

ZACH MOTLEY !! D.R.D.C.T. I ~ C1!I!GlNIIIt JIOTEP~ 0 0

(C.lol.~ -- W -- """" .... SURVEY w. ..... "" "I. ~ .. """ ABSTRACT NO. 1009 "" WAttR v.u.\E

COUNTY OF DALLAS INST.

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lI1XiQ) .,,'" """""' 1. A !ego! desC~lon of eVim aurw:y datI! herewIth i:..'Y-l} ..... "" O<:.(,lOmpan!e~ b plat of ;sUrvey.

111111 tIGHT nAHOARG _ ~ J'(MR LNE(S)

2. 8eClfings ore bO$ed on the Te)(Qs State Plone CoWdtm,lte ''!'' !:wW~1OI FEU) System North Centro! Zone .202. NAO 83 (CORSS6).

"'" Epoch: 2002..00.

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"EXHIBIT B"

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

UTILITY EASEMENT


That, MAURICE L. MCCLAIN, a single man, hereinafter Grantor, whether one or more, of the County of Dallas, State of Texas, for and in consideration of the sum of ONE DOLLAR AND NO CENTS ($1.00) and other good and valuable consideration to Grantor, in hand paid by the Grantee herein named, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien is retained either expressed or implied, does by these presents GRANT, SELL AND CONVEY unto the COUNTY OF DALLAS, a political subdivision of the State of Texas, hereinafter Grantee, its successors and assigns, a general utility easement over, along, across and under, on, and through the parcel of land described in Exhibit "A" attached hereto and incorporated by reference herein for all purposes, the same as if fully copied herein (the "Easement Property"), to erect, construct, reconstruct, install, replace, repair, operate, use, inspect, modify, remove and maintain any and all public utilities (including water, wastewater, storm water, detention, filtration, electric, telephone, gas, cable television, and electronic data transmission services), together with all lines, pipes, conduits and other equipment,

improvements, and appurtenances used in the supply and provision of public utilities, deemed necessary.

It is further expressly provided that access to and from the remainder of the tract of land of which the Easement Property is a part, to the public road facilities to be built, SHALL NOT BE DENIED. The use of the Easement Propeliy by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with the authority over the Easement Property, and approval and/or permission concerning the use of the Easement Property by Grantor shall not be unreasonably withheld. Grantor may use the Easement Property

for any and all purposes not inconsistent with the purposes set forth in this Easement

Grantor may not use any part of the Easement Property if such use may damage, destroy, injure, and/or interfere with Grantee's and/or City of Sachse's use of the Easement Property for

the purposes for which the Utility Easement is sought. Grantor is not permitted to conduct any of the following activities on the Easement Property without the written permission of Grantee and/or City of Sachse: (1) construct any temporary or permanent building; (2) drill or operate


Rev. 5/07 Project: Merritt Rd. MCIP 22805

(Pleasant Valley Road to Sachse City Limits) Parcel: IIUE


any well; (3) impound surface water; or (4) plant trees or landscaping. Grantor further agrees that it will not interfere in any manner with the purposes for which the Utility Easement is conveyed.

Grantor shall retain all the oil, gas and other minerals in, on, and under the Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Easement Property, but Grantor will be permitted to extract the oil and other minerals from and under the Easement Property by directional drilling, so long as such activities do not damage, destroy, injure, and/or interfere with Grantee's and/or City of Sachse's use of the Easement Property for the purposes for which the Utility Easement is sought.

Grantor authorizes Grantee, to cut and remove any vegetation or remove any physical interference which, in the sole judgment of the Grantee and/or City of Sachse, constitutes an interference with, or obstruction or hazard to, the Grantee's and/or City of Sachse's use of the Easement Property.

Grantor covenants that, at the time of execution of this Easement, Grantor is the owner of the Easement Property on which the easement is situated and has the right to convey the easement interest in the Easement Property, and that title to the property is free and clear of any encumbrances which would interfere with the ability to grant the easement.

TO HAVE AND TO HOLD the above described property for public utility purposes, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successor and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said 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.

SIGNED this __ day of


Rev. 5/07

____ ._, 2012.

Maurice L. McClain


Parcel: II UE



COUNTY OF DALLAS §

ACKNOWLEDGMENT

BEFORE ME, the undersigned authority, on this day personally appeared MAURICE L.

MCCLAIN, known to me to be the person whose name is subscribed to the foregoing instrument

and acknowledged to me that he executed the same for the purpose and consideration therein

expressed.

Given under my hand and seal of office, this ___ day of _______ , 2012.

V:PropertylROWProjecls

Rev. 5/07

Notary Public in and for the State of Texas

Printed Name: _____________ _

My Commission Expires: _________ _



Parcel: 11 UE


DALLAS 11UE MERRITIROAD 22805

EXHIBIT "A"

DESCRIPTION FOR PARCEL 11 UE

Parcel HUE March 31, 2010

Sheet 1 of 4

BEING, a 3,331 square foot (C.076 acre) tract of land situated In the Richard Copeland Survey, Abstract No. 228, Dallas County, Texas; said tract being part of that certain called "two acre" tract of land described in Warranty Deed from Patricia Brooks and husband, Thomas J. Brooks, Amy L. McClain, Richard S. Murphree, Mary Louise James and husband, J.V. James, James Willis Murphree, Jr .. Palricia Honea and husband, Bert N. Honea. Jr., Mary Charlie Murphree, Harold W. Pierson. Audrey Louise Barlow and husband, Walter Henry Bartow, Rosemary Pierson, Norman A. Pierson, Roger Q. Pierson, Genevieve Tomm and husband, Leo M. Tomm and Maybelle Murphy and husband, William Elton Murphy to Maurice McClain recorded In Volume 172. Page 96 of the Deed Records of Dallas County, Texas; said 3,331 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch Iron rod with "PACHECO KOCH" cap found at the northwest comer of said McClain tract and a reentrant comer of that certain tract of land described as "Tract A" in Special Warranty Deed to Heritage Park Holdings. LLC recorded in Instrument No. 201000202494 of the Official Public Records of DaUas County, Texas;

THENCE, North 87 degrees, 17 minutes, 56 seconds East. along the north line of said McClain tract and a south line of said "Tract A", a distance of 144.78 feet to a 112-inch iron rod with "PACHECO KOCH" cap sat for corner at the POINT OF BEGINNING;

THENCE, North 87 degrees, 17 minuteS: 56 seconds East, continuing along the said north line of the McClain tract and the said south line of ''Tract A", a distance of 10.01 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap found for corner in the proposed west right-of-way line of Merritt Road (a variable width right-of-way);

THENCE, South 00 degrees, 09 minutes, 11 seconds East, departing the said north line of the McClain tract and the said south line of "Tract A" and along the said proposed west line of Merritt Road, a distance of 327.03 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found for comer at the northeast end of a right-of-way corner clip at the intersection of the said proposed west line of Merrlll Road and the proposed north line of Pleasant Valley Road (a variable width right-af-way);

THENCE, South 38 degrees, 26 minutes, 06 seconds West, departing the said proposed west line of Merritt Valley Road and along said corner clip, a distance of 16.03 feet to a 1/2-lnoh iron rod with "PACHECO KOCH" cap set for comer,

THENCE, North 00 degrees. 09 minutes, 11 seconds West, departing said corner cliP. a distance of 339.12 feet to the POINT OF BEGINNING;

10f4

EXHIBIT "A"


Parcel 11UE March 31,2010

Sheet 2 of4


(A survey pial of even survey date herewith accompanies this description.)

The Undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described.

C?:~~~ Michael CiClover 03/31/2010 Registere~ Professional Land Surveyor No. 5225 Pacheco' Koch ConsuKing Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00

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D.R.D.C.T.

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HERITAGE PARK HOLDINGS. LtC (INST. NO. 201000202494)

O.P.R.D.C.T.

PART OF MAURICE L. McCLA!N (VOL 172. PG. 96)

D.R.D.C.T.

lI'i\ ......-~l!t?l'OSro CO><CRflT COUNTY OF DALLAS INST. NO. ______ _

I COPELAND SURVEY

ABSTRACT NO. 228

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Ie "'Q '/MttR ~ GROSS 69,646 SQ. FT. (1.599 ACRES) c.;UUN I Y ::ll:; """ ~~ v~':: PARCEL HUE 3,331 SQ. fT. (0.076 ACRES) ~ _ no¢' '''''' H'I1.lR"",

"!:.± ss@ SAAllAAY SEII£R IIAN1K1.E !:illIE£... NET 66,315 SQ. FT. (1.523 ACRES) II) 0 <=110 CAS II£TER

I ,. <Wi:! £l£C1RIC 90:( 1. A le901 d~cdpUon of lIVCfl l>Urvey dot .. herewith ~~ "'acheco "'och ~ H. CENTRAL EXPWY. sum: 1000 PERMAN ,... 0 rt.r""* Pov.£R P«E ClC/:':ompanies this plot of survey. r n. OAllAS, lX 7SZ08 9n.2~!'l,3~1 ;:; 7 \\flH UGm S'lNlDAIiO tlWUfWf"" lX REG. ENGlN£ERlNC FWI F-iS9 t'!~ --- CMl!H£All PO'ottR UNt($) 2.. Seorin,s ore bQS'IlQ OIl -the Texos Stote Plone Coordinate PAllAS. FORTWOR1;l • ttOiJSTON 7X REG. StJRI/('tINC flRW' UI-IC0080-00 8ADIJE QTY l.NrB 1'0 ..... $- ..,.1) PI' wI C!!OSS o ~ ('"' ARlO {UNImIIN F£ETJ Systm1 North Centr<ll Zone 4202, NAO 83 (CORS96), DIlAIfW ~y J04 /If,IM6EJf ~ _

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ZACH MOTLEY SURVEY

ABSTRACT NO. 1 """"'-

PART OF STAN McCLAIN I (VOL. 2005117,

PG. 8527) I O,R,D.C. T. I

1. A legal dem:/ipUoo of even !ilurvey act .. her ...... lth oecertlp<.mles thIs plot of survey.

2. Scorings ere based on the Te)<tIs State Plene Coord~ ... ote Syatem North Centro! Zone 4202, NAO 83 (CORS9S). Epoch: 2002.00.

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PART Of PLEASANT VALLEY UNITED

METHODIST CHURCH

~TRACTS I, n. III & IV' PLEASANT VALLEY

UNITED METI-IODIST CHURCH, ING.

(VOL. 97249, PG. 1042) O.R.D.C.T.

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PARC8.. NO. HUE: &. PARCEL QS7 ·1010. 11U£

PLEASANT LI~

VAllEY /Il PRE:~T §e~ krO;" ..

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MARGARET ~Y ; 110710

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'ANT LEY ROAD

(A VARIABLE WlOTIi RIGHT-Of-WAY)

PART Of BENBROOK WlNCHESTER. LP.

(VOL. 94194, PG. 2246) DR.D.C.T.

--3aa.-tG..076

SURVEY NO, 1263

OF DALLAS INST.

COURT ORDER ORDER NO - Dallas CountySep 25, 2012 · COURT ORDER ORDER NO: ----~~~~~-DATE:...

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Transcript of COURT ORDER ORDER NO - Dallas CountySep 25, 2012 · COURT ORDER ORDER NO: ----~~~~~-DATE:...