I{) - Dallas County2011/01/18 · 2011 DATE: January 18, 2011 STATE OF TEXAS COUNTY OF DALLAS COURT...

COURT ORDER I{) 2011 117 ORDER NO.: _______ _

DATE: __ ~J~an~ua==ry~~1=8~,~2~O~1~1 ____

STATE OF TEXAS § §

COUNTY OF DALLAS COUNTY §

BE IT REMEMBERED, at a regular meetiug of the Commissioners Court of Dallas County, Texas, held on ~<3t1.E!:Y 18th ,20]], on motion made by John Wiley Price, Comm. of District 113, and seconded by Dr. Elba Garcia, Comm. of District 114 ,the following Order was adopted:

WHEREAS, a claim was prosecuted by Dallas County against Jose Flores and a settlement offer for said claim was presented to the Conunissioners Court in closed session on January 11,2011 as pennitted by the Texas Govenunent Code §551.07I(l )(b), in the amount of Two Thousand Nine Hundred Fifty Four and 35/100 Dollars ($2,954.35) for damage sustained by Dallas County property on or about July 16, 2010; and

WHEREAS, the department involved in this claim is the Dallas County District Attorney Office; and

WHEREAS, Dallas County has recovered a full and complete settlement of the property damage incurred by the subject vehicle and there were no personal injuries; and

WHEREAS, that the action authorized by this order is consistent with and promotes Strategy].3 of Dallas County's Strategic Plan.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the payment of Two Thousand Nine Hundred Fifty-Four and 35/100 Dollars ($2,954.35) is hereby accepted from Affirmative Insurance Company for their insured Jose Flores as settlement of property damage sustained by Dallas County in connection with this claim and the County Judge is hereby authorized to execute any and all documents approved by the District Attorney's Civil Division to effectuate this settlement.

DONE IN OPEN COURT t

Mike 9ntrell, Comm. Dis!. #2

~~-:=-~~;::"::~"':$~" ~ 6;:": GordonHikel ({-t!YlvT /Jt<'(NM!'i { Chief, Civil Division

Assistant District Attorney

hf.-=~-~--·-· __ , 2011.

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

2011 DATE: January 18, 2011

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

/1 BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on

Jarnru:y 18th ,2011, on motion made by John Wiley Price, Corom. of District 113 , and

seconded by Dr. Elba Garcia, Carom. of District 114

following Order was adopted:

, fue

WHEREAS, a claim was presented by Paul Velasquez against Dallas County in fue amount of Two Thousand Four Hundred Nineteen and 58/100 Dollars ($2,419.58) for property damage and car rental as a result of an accident at Decuned on or about November 11, 2010 and said claim was discussed with the Commissioners Court in closed session on January 11, 2011 as permitted by Texas Government Code §55L071(1 )(b); and

WHEREAS, the office involved in ~,is claim is fue Dallas County Community Services Departtuent; and

WHEREAS, this claim has been investigated by fue Civil Division ofthe Criminal District Attorney's Office and Two Thousand Two Hundred Thirty-Nine and 58/100 Dollars ($2.239.58) for property damage and One Hundred Eighty and No/100 Dollars (S180.00) for car rental were found to be a valid and reasonable amounts; and

WHEREAS, a release from all further liability of fue County of Dallas concerning all existing and possible claims will be obtained

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that Paul Velasquez and Westway Ford Body Shop be paid Two Thousand Four Hundred Nineteen and 58/100 Dollars ($2,419.58) for property damage and rental reimbursement as full and final settlement by the County of Dallas, Texas, and that fue County Treasurer is authorized to release said check to an employee of the Civil Division of the Dallas County Criminal District Attorney's Office.

DONE IN OPEN COURT a,is the 18th day of_-"rFa=ry=.L.. _____ , 2011.

.'-<...--<. ~ ; '8 ~O}v~f,£jJ .»,4

Chief, Civil Division Dallas County District Attorney's Office

2011 119 ORDER NO.: ________ _

DATE: January 18, 2011

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

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

January 18th, 2011, on motion made by John Wiley Price, Comm. of District 113 ,and

d d b Dr. Elba Garcia, Comm. of District 114 h secon e Y _~=-=--=::':::~-===2--==~"::':::...c:::.:::.:::..::::::..:::.:::::....:c-=-_____________ , t e


WHEREAS, a claim was presented by Michelle Marvin against Dallas County in the amount of Six Thousand One Hundred Twenty-Five and 251100 Dollars ($6,125.25) for property damage, as a result of an accident at occurred on or about September 14, 2010 and said claim was discussed with the Commissioners Court in closed session on January 11, 2011 as permitted by Texas Government Code §551.071(l)(b); and

WHEREAS, the office involved in this claim is the Dallas County Road and Bridge Precinct #4; and

WHEREAS, this claim has been investigated by the Civil Division ofthe Criminal District Attorney's Office and Six Thousand One Hundred Twenty-Five and 2511 00 Dollars ($6,125.25) for property damage was found to be a valid and reasonable amount; and

WHEREAS, that 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 Traveler's Insurance Company be paid Six Thousand One Hundred Twenty-Five and 251100 Dollars ($6,125.25) for property damage for their insured Michelle Marvin as full and final settlement by the County ofDallas,;:(,exas, and that the County Treasurer is authorized to release said check to an employee of the Civil Division of the Dall~ Gounty Criminal District Attorney's Office.

,

I

DONE IN OPEN COURT this the 1St, Jimua ,2011.

A.~ Dr. Elba Garcia" Comm. Dist. #4

hi' .: f v'- Chief, Civil Division

Dallas County District Attorney's Office

COURT ORDER

2011 120 ORDER NO.' ___________ _


STATE OF TEXAS

COUNTY OF DALLAS

§ § §

/J

BE IT REMEMBERED, at a regular meeting ofll,e Conmnssioners Court of Dallas County, Texas, held on

January 18 ,2011, on motion made by John Wiley Price, Comm. of District 3

and seconded Dr. Elba Garcia, Comm. of District 4 ,the


WHEREAS, a claim was presented by Marjorie Owens and was discussed with the Commissioners Court in closed session on January 12, 2011 as pennitted by the Texas Government Code §551.071(l)(b); and

WHEREAS, Il,e Civil Division ofthe Criminal District Attorney's Office has recommended that the claim be denied and good cause appearing to the Court to deny said claim.

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the claim of Marjorie Owens against Dallas County is hereby denied.

DONE IN OPEN COURT this the 18th day of(-'+=== ______ , 2011.

-----------.------~

,". 'j~~ Gordon Hikel &- f!/t 1'-"7]//2 X;AJ Iv' !1 ChIef, CIVIl DIVISIOn Assistant District Attorney's Office

COURT ORDER

ORDER NO:_2_0_1_1 __ 121

DATE: _---"J"'a.!!u.::.ua"'rv:...l..-'I'-'S"-, .:2",-01=1

STATE OF TEXAS

COUNTY OF DALLAS

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

____________ 1~8~t~h _________________ dayof ______________ ~Ja~n~u~ary~ _____________ ,2011,on

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

Dr. Elba Garcia, Commissioner of District No.4 , the following Court Order was adopted:

WHEREAS, the Texas Conference of Urban Counties offers the TechShare Program allowing for collaboration on the development of complex technical software for the benefit of Texas counties; and

WHEREAS, the Dallas County Commissioners Court desires to participate as a full participant in the Adult Case Management System Phase 1 project; and

WHEREAS, the Commissioners Court believes that an Adult Case Management System developed by the TechShare collaborative will improve public safety through the development and implementation of state-of-the-art justice systems that support comprehensive data sharing among jurisdictions; and

WHEREAS, the Commissioners Court has complied with all legal requirements, and met all other conditions precedent prior to adopting this Order.

WHEREAS, on October 5, 2010, the Dallas County Commissioners Court, by passage of Commissioners Court order 2010-1658, adopted an Interlocal Agreement for participation in the Urban Counties Techshare Program for the Adult Case Management System Phase 1 (ACMS Phase 1) and appointed Commissioner Maurine Dickey to fulfill the duties and responsibilities as Dallas County's representative on the ACMS Phase 1 Oversight Board; and

WHEREAS, Commissioner Maurine Dickey has done an outstanding job working with the CUC and our partner counties initiating the development of the ACMS and at this time desires to step down as Dallas County's representative on the ACMS Phase I Oversight Board.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court hereby accepts Commissioner Dickey's request to step down as Dallas County's representative on the Adult Case Management System Phase 1 Oversight Board.

rT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court hereby appoints Commissioner Mike Cantrell as Dallas County's representative to fulfill the duties and responsibilities as a member of the ACMS Phase I Oversight Board as described in the Interlocal Agreement.

DONE IN OPEN COURT this the _-,-1",8t",h~ __ day of ___ ~L:..o",-ar",nu",a""r.Lv ______ , 2011.

(Ii

Commissioner of District 4

R<',rom'nd,d bY.~:::::::O DanYTMtiiidmimstrator

ORDER NO: h)' 11 ""U

COURT ORDER


STATE OF TEXAS

COUNTY OF DALLAS

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

the 18th day of January ,2011, on motion made by John Wiley Price, Comm, District 113

and seconded by Dr, Elba Garcia, Cornm, District 114 , the following Order was adopted:

WHEREAS, on January 18,2011, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation concerning the acceptance of the Texas Forest Service grant for the Dallas County Fire and Rescue; and

WHEREAS, the purpose of the grant is to provide assistance under the Rural Volunteer Fire Department Assistance Program (HB 2604) for the purchase of vehicles and equipment; and

WHEREAS, Dallas County Fire and Rescue has been notified of an award in the amount of $78,000 with a required cash match of $18,800; and

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

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County Commissioners Court approves acceptance of the grant award for the Dallas County Fire and Rescue grant from the Texas Forest Service. Dallas County designates the County Judge as the authorized official given the power to accept the award on behalf of Dallas County.

DONE IN OPEN URT this the 18th day of_-1c-_-=.J.::;:an.::::u=a=ryd-. __ -:7"--r-_--::>""-i'-_, 2011.

1t~~ Commissioner District 1

-----' ----, Mike Cantrell Commissioner Distr'

Dr. Elba Garcia Commissioner District 4

Recommended By: h y- ~lO v"J ___ Ryan Brown, Budget Officer

TE~AS FOR INTERNAL USE ONLY

FOREST , SERVICE RATING: ______________ _ CASE NO: _________ _

The Texas A&M University syslcm

APPLICATION FOR RURAL FIRE DEFENSE ASSISTANCE

(2)

CD

Name of Fire Department: Dallas County Fire & Rescue

Physical Address: 1937 S. Beltline Rd (Street)

Mailing Address: 509 Main St (Street or PO Box)

o Email Address: [email protected]

Dallas (City)

Dallas (C!ty)

75253 (Zip)

75202 (,"p)

CD County: Dallas ------------ Department Telephone: -,(2_1_4,,-) _6_53_-_79_8_4 _____ _

Department Fax: (214) 653-7988

CD State of Texas Charter Number (REQUIRED): 0107753801

CD Year Fire Department was Created: 1984

CD Membership - Number of Volunteers: 26

Number of Paid Full-Time: 3

Number of Paid Part-Time: 08/24/2010

CD Federal Tax Identification Number (REQUIRED): 75-6000905

Include completed copy of Form W·9 wilen returning application for Cost·Share Assistance or Training Tuttian only.

CD Do you have a designated primary protection area under a 911 Public Service Answering Point (PSAP)? Yes i-r- No r----·

® Size of your Primary 911 Protection Area (DO NOT INCLUDE MUTUAL AID RESPONSE AREA/:

Attach a map of your Primary 911 Protection area to this application if: (1) a map has not been

previously submitted, OR (2) there Is a change in the size of the primary 911 protection area.

@ Population of your Primary 911 Protection Area: 12,000

® Distance to the Nearest Viable Mutual-Aid Department (STATION TO STATION):

Name of Department: Wilmer/Hutchins Fire Department

32

(Square Miles)

5.5 miles (Miles)

® List the Total Funds Received from Taxing Authorities (such as City, County, Rural Fire Prevention Districts, etc.). DO NOT INCLUDE DONATIONS.

$0

Rev. 2-1-04 Page 1 of 3 TFS-F0-400

® COST -SHARE ASSISTANCE (Atta,h .ddition.' she.ts ifneo.sse,,)

Please describe what type of cost-share assistance you are requesting and the total cost of the item:

We are requesting funding to allow us to purchase a new small brush truck estimated to cost $96,800, Although

Dallas County is currently suffering from a $78 million dollar defecit, our Commissioners have agreed to put up the

additional $18,800 in order to best serve the citizens of our district. The current vehicle we have is over 13 years

old and needs to be replaced, Without the support from the Texas Forest Service, we will not be able to replace our

vehicle and will not be able to properly serve and protect our citizens and firefighters, Please consider supporting

Dallas County in regards to this matter.

Estimated Total Cost: $96,800,00

Total Cost-Share Amount You Are Requesting: $78,000,00

@ HELPING HANDS/FEDERAL EXCESS PROPERTY (Form W~9 not required for these programs)

Please describe what type of donated equipment you are requesting. For water handling equipment (i.e., connections, hoses, nozzles, etc.), please specify size.

@ T RAI N I N G TU ITI 0 N (Atta,h multiple sheets focaddl"onal SOhoolsl

Name of School:

Number of Trainees:

Rev, 2-1-04

Date(s) ofTraining: Course Name(s):

Page 2 of 3

$

$

$

$

Tuition Cost per Trainee:

TFS-F0-400

® FIRE DEPARTMENT OFFICERS

Name Title

Robert De Los Santos Fire Marshal/Chief

Joel Dulworth Vol. Fire Chief

Richard Wood Vol. Asst Chief

Mailing Address

509 Main St, Rm 305, Dallas, TX 75202

1937 S. Beltline Rd, Dallas, TX 75253

1937 S. Beltlihe Rd, Dallas, TX 75253

Telephone

(214) 653-7975

(972) 286-7707

(972) 286-7707

I certify that the information entered on this application isirue and accurate and that I, the undersigned, am authorized by the Dallas County Fire & Rescue Volunteer Fire Department to represent their interests in acquiring funds and equipment for the Department.

Name (Print): Robert De LO~JEt.:~ Telephone: -'.(2_1_4L) .::,:65:.:.3_-7..:..98:...4 _____ _

Signature: l:1lC1v:.~__ ,(_21_4L) _65_3_-7_97_5 _____ _ . \ I -

Title: Dallas County Fire Ma!<s'hal Date: _.::.08:;::/::,24.::./.:,;10:....... _____ _

Address: 509 Main St, Rm 305

Dallas, TX 75202

Email Address: [email protected]

Rev. 2-1-04

Mail or fax completed, signed application and W-9 to the following:

Texas Forest Service John B. Connally Building

301 Tarrow, Suite 304 Attn: Emergency Services Grants Division

College Station, Texas 77840-7896 Fax (979) 845-6160 -- Tel (979) 458-5540

Page 3 of 3 TFS-FO-400

The Texas A&M University System

3.2244

DALLAS CO FIRE & RESCUE '509 MAIN ST DALLAS, TX 75202

Dear Chief:

December 08, 2010

Case: 963

Your application for cost-share assistance under the Rural Volunteer Fire Department Assistance Program (HB 2604) has been APPROVED. The following items are qualified for cost-share reimbursement:

SMALL BRUSH TRUCK

Our Maximum Cost-share Payment 90%' of the actual cost, not to exceed

$78,000.00

The attached guidelines describe your obligations under this program. Please indicate below whether you wish to accept or decline this cost-share grant, and return a signed copy to us within 14 days of receipt of this letter.

Congratulations! Please contact us if you need additional information.

~cePt. D~~ecline ~~;(C

ISignafure and ~le

DJF/xx (trucks.doc)

CAFS Unit

Texas Forest Service

/Z/M@ I Date

Attach: 1) Special Requirements for Departments Acquiring Vehicles 2) Affidavit of Non-Collusion 3) Minimum Standards and SpeCifications for Firefighting Vehicles 4) Notice to Purchasers of New Fire Trucks 5) Optional Suggested Specifications for CAFS-Equipped Vehicles

Forest Resource Protection John B. Connally Building '* 301 Tarrow, Suite 304 *,College Station, Texas 77840·7896

TEL 979/458·5540 *' FAX 979/845·6160 http://texasforestservice . tamu. ed u

TEXAS FOREST~!:i'SERVICE The Texas A&M Uni'versity System

Special Requirements for Fire Departments Receiving Grant Funds for the Acquisition of Vehicles

All Fire Departments receiving cost-share funding for the purchase of a vehicle must comply with the following special requirements:

1. All department personnel must be trained in the proper operation and maintenance of trucks, pumps, systems, and related equipment. Personnel training must be documented.

2. All vehicles must be owned and maintained by the original acquiring department for 10 years. If a vehicle is sold before its 10th anniversary, the Departinent maybe required to reimburse the Texas Forest Service in cash equal to 90% of the gross sale receipts.

3. All vehicles must meet the minimum standards described in the attachment "Minimum Standards And Specifications For Firefighting Vehicles."

4. An "Affidavit of Non-Collusion" must be completed, signed. and notarized by the Seller of a vehicle. The Fire Department must submit the completed affidavit to the Texas Forest Service before a grant reimbursement may be paid.

5. The purchase of pre-owned vehicles and equipment will be approved only on a case-bycase basis. The purchase of pre-owned vehicles and equipment requires advance evaluation and approval by the TFS. An applicant must contact the TFS Emergency Services Grants Unit before purchasing a used vehicle or used equipment. Failure to receive this special advance clearance may void a grant approval.

Responsibilities of the fire department following notice of grant approval:

1. Purchase the approved item or items.

2. Provide the Texas Forest Service with copies of all paid vendor invoices and copies of all checks or credit card statements. If your department was awarded a vehicle please provide us with an affidavit of non-collusion form. Please fax to (979) 845-6160.

3. Before a grant reimbursement can be issued the HB 2604 team will send a TFS agent to the fire department to inspect the vehicle.

4. Grants for firefighting vehicles will expire 9 months from the approval date.

Revised 09~01-0E

STATE OF

COUNTY OF

GENERAL AFFIDAVIT BEFORE NOTARY

AFFIDAVIT OF NON-COLLUSION

SELLER

Name

Address

City, State, Zip

Telephone

Name

Address

City, State, ZIP

Telephone

PURCHASER

VEHICLE INFORMATION

Model Year Make Vehicle Identification Number

Date of Sale _______ . ____ _ Total Sale Price $ -------

I, ________________ , the undersigned, being the duly authorized agent of the

Seller, , swear that the foregoing information is true and correct to

the best of my knowledge, information, and belief, and that this document correctly states the total amount

of consideration for the transfer of this vehicle. I further affirm that neither I nor the above business has been

a party to any collusion with the Purchaser as to the Total Sale Price of the vehicle. I further affirm that

the Total Sale Price is genuine, and is not a sham or collusive price made in the interest or on behalf of

any person, and that the Seller has not directly or indirectly been induced or solicited to submit a sham

Total Sale Price.

By __________________ __ Date (Signature)

Title

STATE OF

COUNTY OF

Subscribed and sworn to before me this ___ day of ____________ , 20, __ _

Signature of Notary Public My Commission Expires

Minimum Standards and Specifications For Firefighting Vehicles

All firefighting vehicles funded under this program must meet the following minimum standards. These standards were developed to establish broad equipment categories for funding and review, they are not intended as "bid ready" equipment specifications. Departments are strongly encouraged to add capabilities and features as required to meet local ne~s. .

WEIGHT AND BALANCE The fully loaded and equipped operating weight of the vehicle must not exceed the Gross Vehicle Weight Rating (GVWR) of the vehicle as determined by the manufacturer, nor the Gross Axle Weight Rating (GAWR) of the vehicle as determined by the manufacturer. The vehicle weight must be balanced so that the vehicle is easy to control. The vehicle center-of-gravity must be low enough to safely operate in curves and on side slopes. The vehicle must have effective brakes that can stop the vehicle without brake fade.

TANKS All vehicles must have a water tank with a minimum capacity of 200 gallons. All water tanks must be baffled. All water tanks constructed of mild steel must be protected from corrosion.

SMALL BRUSH TRUCK A vehicle designated as a Small Brush Truck must meet the following design minimums:

LARGE BRUSH TRUCK

200 Gallon Water Tank 100 GPM Pump @ 100 psi

Ability to draft water a minimum of 12 vertical feet Two and one-half inch pump discharge

A vehicle designat~ as a Large Brush Truck must meet the following design minimums:

TANKER

500 Gallon Water Tank 250 GPM Pump @ 40 psi

Ability to draft water a minimum of 12 vertical feet Two and one-half inch pump discharge Minimum 22,000 pound GVWR chassis

A vehicle designated as a Tanker must meet the following design minimums:

1,000 Gallon Water Tank 250 GPM Pump @ 40 psi

Minimum Dump Valve of 4 % inch (round or square) Ability to draft water a minimum of 12 vertical feet

Minimum 22,000 pound GVWR chassis

OTHER MINIMUM SPECIFICATIONS All slippery surfaces where personnel will step must have skid plates or abrasive surfaces to prevent personnel from Slipping under wet conditions.

Vehicle must have back-up alarm. Vehicle must have illuminated pump controls. Vehicle must have vehicle lighting and markings as required by law.

NOTICE TO PURCHASERS OF NEW FIRE TRUCKS

The sale and lease of new motor vehicles in Texas is regulated by the Texas Occupations Code, Title 14, Regulation of Motor Vehicles and Transportation, Chapter 2301, Sale or Lease of Motor Vehicles. The law is administered and enforced by the Texas Department QfTransportation (TXDOT).

The law requires that vehicle manufacturers, converters, representatives, and franchised dealers be properly licensed and that they comply with certain standards of conduct.

According to TXDOT interpretations, a franchised dealer, and only a franchised dealer, is legally allowed to sell a new fire truck in Texas. This applies whether the truck offered for sale is a manufactured vehicle or a converted vehicle.

Manufactured Vehicles

A fire truck that meets or exceeds the legal definition of a "fire-fighting vehicle" is considered a manufactured producl and the entity that builds it is considered a "manufacturer".

Manufacturers cannot sell motor vehicles directly to consumers in Texas, including municipalities, and must have at least one franchised dealer located in the state in order to maintain their license.

Converted Vehicles

A fire truck thatdoes not meet the legal definition'of a "fire-fighting vehicle" is considered a converted product (conversion). It is a new motor vehicle chassis that has something substantial done to it prior to being sold to an end-user. The entity that builds it is considered a "converter",

Neither converters nor their representatives are allowed to sell converted vehicles directly to consumers. A new fire truck that is considered a conversion may only be sold to an end-user, including a municipality, by a Texas dealer franchised and licensed to sell the make of the chassis of the converted product.

A licensed, franchised dealer must be listed as the seller or bidder of a new vehicle. This dealer must invoice the end-user for the entire purchase price of the vehicle including the conversion package, must obtain payment for the entire purchase price, and must perfomn the title work on the completed vehicle.

WHAT SHOULD A FIRE DEPARTMENT DO?

1. Comply with the law:

~ Detemnine that the manufacturer or converter of a fire truck is property licensed to do business in Texas. ~ Detemnine that the fire truck is to be sold to the end-user by a licensed franchised dealer.

2. Contact the TXDOT Motor Vehicle Division - licenSing Section for infomnation:

Telephone: 877-366-8887

Website: http://www.doLstate.tx.usltxdot.htm

Click on: Automobile Click on: Motor Vehicle Division - Licensing

The Texas Forest Service is providing this notice for educational purposes only, in an effort to promote compliance with the law. The final authority for communication, interpretation, and enforcement resides with the Texas Department of Transportation. Buyers and sellers of new fire trucks are encouraged to contact TXDOT directly for clarification and gUidance. Failure to comply with the law may lead to civil penalties of up to $10,000 per day.

Minimum Standards and Specifications for CAFS-Equipped Firefighting Vehicles

M4

In addition to the minimum standards and specifications for Small Brush Trucks, Large Brush Trucks, and Tankers, the following minimum standards are required for CAFS equipped vehicles and Slip-On Modules:

WATER PUMP

Minimum Water Pump Capacity: 90 GPM @ 100 PSI

Minimum CAFS Solution (Water) Flow: 20 GPM for a 1-inch CAFS discharge

AIR COMPRESSOR Minimum Air Pressure:

100 PSI

Minimum Air Flow: 20 SCFM for a 1-inch CAFS discharge

FOAM PROPORTIONER Unit shall be equipped with a discharge-side foam proportioning system capable of inserting Class A Foam in percentages from 0,01 % to 1,0%,

Foam concentrate insertion point shall be downstream of the tank-fill discharge and the pump recirculation line, with at least one check valve (recommended non-metallic) to prevent foam concentrate from entering the water supply,

PLUMBING Plumbing exposed to foam solution shall be stainless steel or, where necessary for flexing, highpressure wire-reinforced hose,

Plumbing shall be assembled using unions, flanges, swivels, etc" to facilitate the servicing of all components,

Check valves shall be used to prevent water from entering the air compressor and foam concentrate; to prevent air from entering the water pump and foam concentrate; to prevent foam concentrate from entering the water pump and air compressor; and to prevent foam concentrate and air from entering the water tank,

MINIMUM ACCESSORIES Unit shall have vibration-dampening gauges for water and air pressure, Unit shall have plumbed into the air system, a qUick-connect female fitting for standard air hose male fittings,

MINIMUM OPERATIONAL PERFORMANCE REQUIREMENTS

CAFS flows shall be capable of an operator-selectable "wet" to "dry" aerated foam discharge (similar trajectory to that of a water-only stream on the "wef' side and have the ability to cling to a vertical surface on the "dry" side),

CAFS unit shall be able to produce independent flows of air, water, foam solution, or CAFS, and simultaneous flows of compressed air foam, or foam sol ution and plain water, with combined flows up to the maximum rated GPM capacity of the pump at 100 PSI.

Optional Suggested Specifications for CAFS-Equipped Firefighting Vehicles

9 .. ; • ilill1lllJ4!i1\1QI&E

The following Compressed Air Foam System (CAFS) specifications are for consideration as design options for mid-size CAFS modules. They exceed the minimum puhlished standards for CAFS modules required under the HB 2604 grant program. These specifications are presented for informational purposes only. They are intended to guide fire departments in designing CAFS trucks with higher capability.

These specifications do not meet the current minimum standards for the Texas Addendum to ISO for CAFS Credit.

There are several possible considerations for creating a CAFS fire truck. The conversion can he accomplished by adding a fully self-contained CAFS module (water pump, air compressor, and foam pro portioner), or by adding components to a truck or slip-on module, with one or more of these CAFS components already in place. Some CAFS manufacturers offer modules

with or without water pumps and pricing will vary accordingly.

Suggested Specifications For a Mid-Sized CAFS Module:

WATER PUMP Minimum Capacity·. 250 GPM at 40 PSI, with a minimum operating performance of 100 GPM at 100 PSI.

Minimum CAFS Solution (Water) Flow: 45 GPM for a I.5-inch discharge.

AIR COMPRESSOR Minimum Air Pressure: 100 PSI Minimum Air Flow: 45 SCFM for a 1.5-inch discharge. A Rotary-Screw compressor is required.

FOAM PRO PORTIONER Unit should be equipped with a discharge-side foam proportioning system capable of inserting Class A foam in percentages from 0.01% to 1.0%.

The foam concentrate insertion point should be downstream of the tank-fill discharge and the pump re-circulation line, with at least one check valve (recommended non-metallic) to prevent foam concentrate from entering the water supply.

PLUMBING Plumbing exposed to foam solution should be stainless steel, or where necessary for flexing, high-pressure wirereinforced hose.

Plumbing should be assembled using unions, flanges, swivels, etc., to facilitate the servicing of all components.

Check valves should be used to prevent water from entering the air compressor and foam concentrate; to prevent air from entering the water pump and foam concentrate; to prevent foam concentrate from entering the water pump and air compressor; and to prevent foam concentrate from entering the water tank.

MINIMUM ACCESSORIES Unit should have vibration-dampening gauges for water and air pressure.

Unit should have plumbed into the air system, a qUick-connect female fitting for standard air hose male fittings.

MINIMUM OPERATIONAL PERFORMANCE CAFS flows should be capable of an operator-selectable "wet" to "dry" aerated foam discharge (similar trajectory to that of a water-only stream on the "wet" side, and have the ability to cling to a vertical surface on the "dry" side).

CAFS unit should be able to produce independent flows of air, water, foam, solution, or CAFS, and simultaneous flows of compressed air foam, or foam solution and plain water, with combined flows up to the maximum rated GPM capacity of the pump at 100 PSI.

The water pump discharge pressure should be operator-selectable.

COURT ORDER

2011 123 ORDER NO: ____ _


STATE OF TEXAS

COUNTY OF DALLAS


_______ 1_8_t_h _______ day of _____ J~a=n=u=a::ryc'_ ___________ , 2011, on

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

._D_r_. _E-'-l-'-b-'-a~G=a::r::cl::· a=---, .-:.C::o::mm=i::s::s::i0.:cnc:.e::r=-:o::f'-'CD.::i:::.s-=:.tr::.:l=-· c::ct=-::cN"'oc:.-c4 ____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 18,2011 concerning eliminating the Dallas County Clean Air Emissions Advisory Board and its bylaws; and

WHEREAS, the management and supervision of the Emissions Enforcement Program grant including the Clean Air Taskforce covert and on-road enforcement components will be transferred to the Sheriffs Office; and

WHEREAS, the Sheriffs Office will create a non-binding Advisory Committee to meet to discuss issues as determined to be appropriate by the Sheriff s Office.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby eliminate the Dallas County Clean Air Emissions Advisory Board and its bylaws.

IT IS THEREFORE FURTHER ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Sheriffs Office to manage and supervise the Emissions Enforcement Program grant including the Clean Air Taskforce covert and on-road enforcement components.

DONE IN OPEN COURT this the _-=.18::..t:::h=--_ day of ___ ~J::::a::;nu=a:::::ry",--_____ , 20ll.

:kl'~:?~ rict #2

Dr. Elba Garcia, District #4

Recommended bY:_~_\'---''--'.J-I_----,\:J~=---\...:d,--u...J __ ----___ _ Ryan Brown, Budget Officer

COURT ORDER

2011 l')iI ORDER NO:_'-____ "'_c

DATE: January 18, 2011 17 STATE OF TEXAS

COUNTY OF DALLAS


_______________ 1_8_t_h ___________ dayof ____________ J~an==u=a=ry~ __________________ ,2011,0n

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

__ D_r_, __ E_l_b_a __ G_a_rc_l_' a-c,,--C_o_mm __ i_ss_l_' o_n_e_r __ o_f __ D_i_st_r_l_' c_t __ N_o_, __ 4 _______ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed by the Office of Budget and Evaluation on January 4, 201 1 concerning FY2011 Budget Balancing Strategies including the creation of a civilian "bailiff" for the 134 'h Civil District Court; and

WHEREAS, at thc request of Judge Tillery the civilian "bailiff' will replace the part·time Sheriff Bailiff that would otherwise have been assigned to bailiff the 134'h Civil District Court; and

WHEREAS, approval of Judge Tillery's request will result in annual savings of $21,182 including bencfits.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the creation of an civilian position to perform the civilian duties of a bailiff for the 1341h Civil District Court with the Human Resources/Civil Service Department reviewing the position for the appropriate classification.

DONE IN OPEN COURT this the __ 1_8_th __ day of _____ J:T11;~~ ______ , 2011.

Clay

Ryan Brown, Budget Officer

COURT ORDER

ORDER NO: 2011 125

DATE: January 18, 2011 I~ STATE OF TEXAS'

COUNTY OF DALLAS '

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

18th day of January , 2011, on motion made by Jolm Wiley Price, District 113 , and

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

WHEREAS, Dallas County Commissioners Court through official action established a County Civil Service Commission on April 3, 2005 as authorized under V,T.C.A., Govemment Code §§ 158.001--158.015; and

WHEREAS, Dallas County Commissioner Ken Mayfield was a member of the Civil Service Commission who was unseated by Commissioner Elba Garcia on November 2, 20] 0; and

WHEREAS, The Dallas County Judge and Commissioners have detennined it is appropriate for Commissioner Elba Garcia to serve as a member of the Civil Service Commission, effective January 31,2011; and

WHEREAS, Recommendations in this briefing are consistent with Vision 1, Strategy 1.2: Elected Officials reach Alignment and Consensus on Roles, Responsibilities, and Functions of Dallas County government.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approves Commisswner Elba GarclO to serve as a member of the C,vil ServiJ;e Commisswn, effective January 31.2011

DONE", OPEN COURm" 18" d., of JM: ~_

Recommen ed by:

aurine Dickey Mike Cantrell Commissioner District Commissioner District #2

4.:.~.4L· Commissioner District #4

Mattye Mauldin-Taylor, Ph.D., Direc r Human Resources/Civil Service Department

K:\Court Orders 2011\Court Order- Appointment ofComm Elba Garcia to esc ~ 01~18~201 J.doc

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 18th

day of January , 2011, on motion made by Jolm Wiley Price, District 113 , and seconded by

_Dr=-:..< _E=1:::b=-a=--G.:...,ac.:r=-c:..:i:..:a",,'----CDc.::i:::sc:t:.::r:.::i:..:c:..:t.:....:...II_4 __ , the following Order was adopted:

WHEREAS, Commissioners Court was briefed on January 11, 2011 regarding the Information Technology Services Department's request to pay an employee (position# 7071) two weeks of administrative paid leave (December 29, 2010 through January II, 2011) for separation without notice in accordance with Sec. 86-629 of the Reduction-in-Force Policy; and

WHEREAS, The employee's position, (position# 7071), was eliminated due to the Information Technology Services Department's reorganization as part of the FY2011 Budget and it was the department's assessment that the employee posed a security risk to the county due to access to various computer systems; and

WHEREAS, The financial impact of the salary payout is $4,037.60 ($2,653.85 salary, $203.02 FICA, $249.47 retirement, and $931.26 insurance); and

WHEREAS, Approving the request will ensure consistent salary payout for all recent reduction-in-force employees whose positions were eliminated in the FY20 11 Budget; and

WHEREAS, The request supports Dallas County's Strategic Plan Vision 1: Dallas County is a model interagency partner.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approve two week:\' of pay $4.037.60 ($2,653.85 salary, $203.02 FICA, $249.47 retirement, and $931.26 insurance)for Angelita Lewis, Sr. Quality Assurance Analyst. position number 7071, whose position was eliminated by the reorganization of the Information Technology Services Department as part of the FY2011 Budget and authori ctl'le Auditor's Office to process the £. en!.

\ Recommended'iY .

18th January

Commissioner District #4

Mattye Mauldin-Taylor, Ph.D., Direc ~I' Human Resources/Civil Service Depa 'ent

K:\Court Orders 2011\Court Order ~ Administrative Leave Pay RIF Policy_IT - 01-18-201 Ldoc

ORDER NO:

DATE:

1 ('"1 ? r.""

January 18, 2011

COURT ORDER

STATE OF TEXAS'

COUNTY OF DALLAS'


18th day of January ,2011, on motion made by Jolm Wiley Price, District 3 and


WHEREAS, The Dallas County Commissioners Court was briefed on January 18, 2011, regarding same day briefing and court order of several options proposed by PEBC for continuing Dallas County's 2011 Medical Benefit Stop Loss Insurance; and

WHEREAS, Historically, Dallas County has always opted for the lowest annual premium and by continuing to gradually increase the deductibles, the County has maintained favorable rates; and

WHEREAS, Upon review by the Dallas County Benefits Review Committee, the committee opted to select the second lowest premium Option #5, United HealthCare, for presentation and approval by Commissioners Court for Plan Year 2011, since this Option provides the greatest reimbursement potential; and

WHEREAS, This recommendation supports Vision I, Strategic 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 Option 5 as outlined on Attachment Item lIB,] for Dallas County's 2011 Medical Benefit Stop Loss Insurance Program and authorizes the County Judge to sign the Agreement on behalf of the C~unty when available.

this the __ 1_8_th--,-_ day of __ J..can"---"u=a"'ry'----I ___ '" 2 ~

Ld;;;;:"£~~:i~~====-- Maurine Dickey Mike Cantrell

(

Recommeru=-!'>'Y

501 Main Street Records Building

____ uunlgllssSI:slOner District # 1

John Wiley Pri Dr. C mmissioner 'trict #3 Commissioner District #4

auldin-Taylor, PhD" Dlr an Resources/Civil Servi

Dallas, Texas Equal Opportunity Employer

K:\Court Orders 20111PEBC 2011 SiOploss Renewal_UHC_ 01182011 ,doc

Deductible

Premium

Comparison Notes

Dallas County Renewal Rates

Stoploss 2011

1. With RX; No Aggregating Specific Deductible; Current Carrier v. UHC; Compare Option 2 to Option 4. 2. Without RX; No Aggregating Specific Deductible; Current Carrier v. UHC; Compare Option 3 to Option 5 (Option 1 without RX $12.07) 3. UHC does not limit reimbursement; meaning claims will reimburse above deductible even if exceeds $1,400,000 annual limit per claimant.

Item 11.6.1

Unlimited Unlimited

4. CUrrent carrier - incurred in 12 months; group paid in 15; UHC - year 1 = 12/12; year 2 = 24/12; year 3 = 36/12, etc. with additional 3 months in last year of coverage only. 5. Stoploss quoted in Medical Plan RFP did not include RX. Notes and Assumptions 1. Assume specific deductible remains at current rate. 2. Assume census remains at 12/1/10 levels.

3. 2010- HealthSmart Network; 2011 - UnitedHealthcare Network 4. Plan annual maximum of $2,000,000 EPO/PPO combined effective 1/1/11; annual maximum is eliminated entirely effective 2014. 5. Staploss premium included in 2011 accruals: $13.25

Deductible History - Specific 1 Loss Ratio 2010 Specific Deductible $600,000; Aggregating Specific Deductible $242,000 47.8% *Estimate 2009 Specific Deductible $450,000; Aggregating Specific Deductible $224,000 356.8% 2008 Specific Deductible $400,000; Aggregating Specific Deductible $154,000 25.8% 2007 Specific Deductible $375,000; Aggregating Specific Deductible $140,000 389% 2006 Specific Deductible $350,000; Aggregating Specific DedUctible $142,100 0.0"/0 2005 Specific Deductible $325,000; Aggregating Specific Deductible...$H8,000

-- -- -0.0%

14.2%

COURT ORDER

ORDER NO: 2011 DATE: January 18, 2011

STATE OF TEXAS '

COUNTY OF DALLAS '


18th day of January, 2011, on motion made by Jolm Wiley Price, District 113 , and


WHEREAS, Commissioners Court was briefed on January 18, 2011 regarding formalization of the attached administrative fees and plan rates approved as part of the FY20 11 Budget as well as allow the County Auditor to pay said fees and rates until the official contracts are presented for Court Order; and

WHEREAS, allowing the County Auditor to pay said fees and rates until the official contracts are presented for Court Order will avoid interruption of benefit payments; and

WHEREAS, This recommendation supports Vision 1, Strategy 1.3: Dallas County provides sound, financially responsible and accountable governance with payments of all premiums, fees, and medical claims paid from the Employee Benefits PrograrnlTrust or the General Fund.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approves the administrative fees and rates as outlined on the attachment as well as allow the County Auditor to pay said fees and rates until the official contracts are presented for Court Order.

DONE IN OPEN COURT this the 18th day of Janua _---'.c=:-__

wis Jenkins ounty Judge.

/~ ~

Maurine Dickey ee_rrllsssioner District # 1

, 2011.

Mike Cantrell


Recommenrl'e-----

K:\(OUft Orders 2011\PEBC 2009 Vendor Payments_Administrative fees 12009.do(

auldm-Taylor, Ph.D., DIre esources/Civil Service Dep

ict #2

ADMINISTRATIVE FEESIVENDOR RATES PLAN YEAR 2011

I Medical EPO/PPO Plans Effective 1/1/2011

Transplant Network Access and Negotiation Services

Medical EPO/PPO Plans Run-Out for claims incurred 12/31/10 and before

Dental

EAP - MHN

Insurance

I 509 Main Street Records Building

Pianiitem Fee General Administration $31.95

I Disease Management $ 1.01 (Diabetes, Asthma,

! Coronary) Subrogation (full-service) $ .41

I TOTAL Eff 1/1/2011 $33.37

I

(Healthsmart - run-out claims only) Bone Marrow -- $5-$20k Heart/Lung -- $10k Intestinal/Liver -- $20k Kidney/Pancreas -- $3.5k

Run-Out claims -HealthSmart PEPM

EPO 2010 Fee = $19.29 PPO 2010 Fee = $21.06

PEBC Dental (Delta Dental) $2.56 I Total $2.56

EPO/PPO Self Funded Rate $1.74 Smoking Cessation Program $0.0 MHN - Mental Health $2.06

Total $3.80 (see MHN amendment 7 )

Life Insurance - Fort Dearborn Life -- EE paid -----------

I Basic Life per $1,000 $0.150

I

I AD&D per $1,000 $0.025 Total GLF $0.175

I I

I ' I I

I I !

I Dallas, Texas

Equal Opportunity Employer

K:18riefings 2011\PEBC 2011 Vendor Payments_Administrative Fees 01182011 Attachment Only ,doc

Terms Expires UnitedHealthcare (UHC) 5 yr rate Fees 2011-guarantee PEPM** with 3 years at 2013 = $33.37; $33.37, year 4 capped at 8.1 % Fees 2014 not increase; year 5 capped at 4% to exceed increase. Available to Active, COBRA, $36.07 (8.1 % Under-age 65 Retirees & Family cap); Fees Members and PPO Plan available to 2015 not to non-Medicare Dependents of retirees exceed $37.51 enrolled in Group Retiree Senior (4% cap) Supplement or Medicare Advantage Plans. Effective 1/1/2011; In-network Optum UHC transplant network access and 12/31/2012 negotiation included in UHC General Administrative Fees. (Optum is a UHC company); HealthSmart - same terms as 2010 for run-out claims only Using last 2010 census; HealthSmart Claims Paid Jan 2011; 75% of 2010 12/31/2011 Fees Claims Paid Feb 2011; 50% of 2010 Fees Claims Paid Mar 2011; 25% of 2010 Fees Claims Received by TPA after Mar 2011 and paid on or after Apr 1 2011, fee is $10.00 per claim. PEPM** Available to Active, COBRA, 12/31/2014 Retirees & Family Members. PEPM - Access is open to active 12/31/2013 employees regardless of medical plan enrollment; COBRA members and pre-65 retirees enrolled in the EPO or PPO medical plan, as well as all family members. Smoking cessation included in admin fee. Two year rate guarantee, effective 01/01/2011, with 3,d year cap at 10%.

2011 is Year 2 of 3 Year Rate 12/31/2012 ' Guarantee: Rates were reduced

effective 1/1/2010 and guaranteed thru 12/31/2012. PEPM Min $20,000 & Max $50,000; To calculate, Salary at 12/31 is rounded up to next $1000 if not an exact multiple of $1000 and then multiplied by rate per $1,000 (not less than $20000 nor more than $50,000); with I

214.653.7638

I

I I !

I I coverage reduced at age 70 or older as determined on Jan 1 of the

I Opltional Life Employee -coveraQe year and accordinq to chart. Experience does not warrant changes

I (uses a fee chart) for Base to Optional Life. No change from , salary x 1 or x 2 2010. Calculation; salary at later of

hire date or 12/31 times 50%, 100%, or 200%, then rounded to the next highest $1,000, if not an exact multiple of $1,000; Maximum $200,000. PEPM**

Dependent Life - $10k $2.10 Year 2 of 3 year rate guarantee. No Dependent Life - $5k $1.06 change from 2010. PEPM**

Long Term Disability (LTD) 0.180% Three year rate guarantee expires Standard; Rate shown is 12/31/13. Calculated base salary/l00 effective 1/1/11. x Rate (60%) of the 1st $9167 of pre-

disability earnings reduced by deductible income (Le. 55). Max benefit is $5500 PEPM.

Long Term Care $0 $0

PayFlex Retiree/COBRA billing fees No 2011 is Yr 3 of 3 yr rate guarantee. Change Estimated at $79,000

PayFlex F5A Administrative Fees No 2011 is Yr 3 of 3 yr rate guarantee. Change Estimated at $79,000

Stop Loss (Specific and Aggregating Specific Pending UHC eff 1/1/2011; $600,000 Specific Deductible) Deductible per claimant per calendar

year. Outpatient RX not included in potential reimbursable costs. Aggregating Specific Deductible no longer applies eff 1/1/11. PEPM fee applies to EPO and PPO enrollment, including AC, CO and UR; PMD and

I P5D (dependents enrolled in PEBC PPO Plan eff 1/1/11); PEPM = $12.62

PEBC Interlocal Agreement (NCTCOG) with $568,553 ' Amount shown is Dallas County's cost 2011 budget/cost share (estimated not share (46.60%) of total 2011 PEBC final). approved budget.

**PEPM - a unit of measure Per Employee Per Month (includes applicable COBRA, Retiree population)

509 Main Street Records Building

GaHas, Texas Equal Opportunity Employer

K:IBriefings 2011 \PEBC 2011 Vertdor Payments_Administrative Fees 01182011 Attachment Only ,doc

214.653.7638

" 12/31/2012

12/31/2012

12/31/2013

I

I Auto renews at same cost unless amended or termed Auto renews at same cost

I unless amended or termed 12/31/2011

12/31/2011

COURT ORDER

ORDER NO: 2011 DATE: January 18, 2011

STATE OF TEXAS'

COUNTY OF DALLAS'


the 18th day of January ,2011, on motion made by Jolm WHey Price, District 113

and seconded by Dr. Elba C',arcia, District 114 , the following Order was adopted:

WHEREAS, The Dallas County Commissioners Court was briefed on January 18, 20 11, regarding same day briefing and court order approval for participation in the New York State Health Care Reform Act - Public Goods Pool; and

WHEREAS, Out-of-state member who elects to participate in the New York Health Care Reform Act -Public Goods Pool will incur a surcharge of 9.63% in lieu of the 24% surcharge for all inpatient and outpatient hospital care, clinical lab services, and services rendered at ambulatory surgery, diagnostic, and treatment centers in the State of New York; and

WHEREAS, United Healtheare is the Third Party Administrator (TPA) for all PEBC groups and administers this program and pays the assessment directly to the department's pool administrator in connection with the claim; and

WHEREAS, This recommendation supports Vision 1, Strategy 1.3: Dallas County provides sound, financially responsible, and accountable governance by providing an Employee Health Benefits Program; and

WHEREAS, Approval of this participation will result in no additional financial impact with funds derived from the benefits trust; and

WHEREAS, The attached application has been reviewed by the Civil Section of the District Attorney's Office and may be signed by the Director of Human Resources.

509 Main Street Dallas, Texas Records Building Equal Opportunity Employer 214.653.7638 K:\Court Orders 2011\PEBC 2011 NYHCRA Surcharges by Payor Agreementdoc

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approve for same day briefing and court order for Dallas County's participation in the New York Health Care Reform Act - Public Goods Pool and allow the Director of Human Resources to sign the application on behalf of Dallas County.

DONE IN OPEN C _______ day of


Recom .. """,,,,,,-"'JC--

auldin-Taylor, Ph.D., Direct ran Resources/Civil Service

509 Main Street Dallas, Texas Records Building Equal Opportunity Employer K:\Court Orders 2011\PEBC 2011 NYHCRA Surcharges by Payor Agreement.doc

214.653.7638

*

NEW YORK STATE DEPARTMENT OF HEALTH HEALTH CARE REFORM ACT - PUBLIC GOODS POOL

INDIGENT CARE AND HEALTH CARE INITIATIVES SURCHARGES BY PAYOR FOR SERVICES RENDERED 4/1/09 - 12/31/11

SURCHARGE PAYMENTS SURCHARGE PAYMENTS

DIRECTLY To THE To PROVIDERS

HCRAPoOLS

PAYOR CATEGORIES INPATIENT HOSPITAL, INPATIENT HOSPITAL,

OUTPATIENT HOSPITAL, OUTPATIENT HOSPITAL, DIAGNOSTIC AND DIAGNOSTIC AND

TREATMENT CENTERS TREATMENT CENTERS FOR SERVICES RENDERED FOR SERVICES RENDERED

4/1/09-12/31/11 4/1/09-12131/11

Medicaid/State Governmental Agencies 7.04% 7.04%

Health Maintenance Organizations and PI-ISPs for Medicaid Patients

7.04% 7.04%

Local Governments for Correctional Facility Inmates 7.04% 7.04%

Payors pursuant to the New York State workers' compensation law, volunteer firefighters' benefits law,

9.63% & 28.27% 9.63%

ambulance workers' benefit law, and comprehensive motor vehicle insurance reparations act

Insurance Law Article 43 Corporations 9.63% & 28.27% 9.63%

New York State Licensed Commercial Insurers 9.63% & 28.27% 9.63%

Commercial Insurers Not Licensed in New York State 9.63% & 28.27% 9.63%

Health Maintenance Organizations and PHSPs for Non-Medicaid Patients

9.63% & 28.27% 9.63%

Self-Insured Funds 9.63% & 28.27% ~ 4:

Self-Pay Uninsured/Unspecified 9.63% N/A

Secondary Coverage - Based on Status of Primary Payor Same as Ptimary Same as Primary

-

NEW YORK STATE DEPARTMENT OF HEALTH

Division of Health Care Financing Electronic Filing User ID Application

HEALTH CARE REFORM ACT - PUBLIC GOODS POOL

o New Request 0 Revision to Existing Account

Payorrrhird Party Administrator/Administrative Services Only Organization/Provider Name:

DALLAS COUNTY

Federal Employer Identification # (FEIN): 75-6000905

Operating Certificate # (FOR PROVIDERS ONLY): ______________ _

Report(s) being med electronically (check ALL that apply): X Public Goods Pool o 1 % Statewide Assessment (for hospitals only)

By signature below, the Chief Financial Officer or other duly authorized individual of the above named entity authorizes the Office of Pool Administration to assign a secure electronic filing user ID and password to the entity. This information will be mailed directly to the attention of the signer and must remain secured. It is the responsibility of the above named entity to ensure that this information is released

~ I'i.' only to those individuals reqUirin,. nowledge.thereof.

Signature r!f7lti;/.. It;ttdJtc1-Name (Please Print)· Mattye Mauldin-Taylor

Title: Human Resources Director

Phone Number: 214-653-6044

Address: 509 Main St, Room ]01

City: Dallas State: TX Zip Code: 75202

E-mail Address: [email protected] with cc to: [email protected]

Date ____________________ _

Note: All fields on this form are required to be accurately completed in order for your request to be processed.

Please mail completed form to: Mr. Jerome Alaimo, Pool Administrator

Office of Pool Administration Excellus BlueCross BlueShield, Central New York Region

P.O. Box 4757 Syracuse, New York 13221-4757

DOH-4264 (9/2006) Page I of I

COURT ORDER

20:11 130 ORDER NO:


STATE OF TEXAS'

COUNTY OF DALLAS'


the 18th day of January ,201 I, on motion made by Jolm Wiley Price, District 113

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

WHEREAS, The Dallas County Commissioners Court was briefed on January 18, 20 II, regarding same day briefing and court order approval and Judge's signature for the attached: I) Letter of Understanding (LOU) between United HealthCare and Dallas County and 2) Exhibit A, Business Associate Addendum to LOU; and

WHEREAS, The LOU and Addendum provides for the following with fees associated with this agreement calculated on a Per Employee Per Month (PEPM) basis: • General Administration fees for (EPO/PPO) at $31.95 • Disease Management fees (Asthma, Diabetes, Coronary) at $1.01 • Full service subrogation at $0.41 • Total Fees ~ $33.37 • Stop loss premium with Specific Deductible of $600,000 (excluding outpatient RX) at

$12.62 • Outlines the obligations, activities, permitted uses, disclosures of information, and the

terms and termination of the agreement

WHEREAS, This recommendation supports Vision 1, Strategy 1.3: Dallas County provides sound, financially responsible, and accountable governance by providing an Employee Health Benetits Program; and

WHEREAS, Approval of this agreement and addendum will result in no additional financial impact with funds derived from the benefits trust; and

WHEREAS, The attached documents have been reviewed by the Civil Section of the District Attorney's Office.

509 Main Street Oal/as. Texas Records Building Equal Opportunity Employer 214.653.7638 K:ICourt Orders 2011\PEBC 2011 UHC and DC lOU Agreement.doc

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court herehy approve for same day briefing and court order the Letter of Understanding (LOU) between Dallas County and United Healtheare and the Addendum to the LOU (Exhibit A) for CY20J J and allow the County Judge to sign the Agreement on behalf of Dallas County.

DONE IN OPEN COUR tl)is the __ --'=-==-_ J

day of

Maurine Die ey Mike Cantrell

~£.'::=:===i~~~~?==~~::=::=::::' mi"i"" D'wi" , ~l,"~

Recommended by:

auldin-Taylor, Ph.D., man Resources/Civil Ser

509 Main Street Dallas, Texas Records Building Equal Opportunity Employer K:ICourt Orders 20111PEBC 2011 UHC and DC lOU Agreementdoc


214.653.7638

LETTER OF UNDERSTANDING Between

UnitedHealthcare Insurance Company and Dallas County

WHEREAS, this Letter of Understanding ("LOU") is by and between UnitedHealthcare Insurance Company and Dallas County ("Group"), as a member of the Public Employee Benefits Cooperative of North Texas (,'PEBC"); and

WHEREAS, UnitedHealthcare Insurance Company and the Group (collectively, the "Parties") have determined to enter into an Administrative Service Agreement (the "Agreement") effective January 1, 2011 (the "Effective Date") for UnitedHealthcare Insurance Company to provide administrative, network management, disease management and utilization review services for the Group's EPO and PPO Medical Plans ("the Plans"), which are self-funded non-federal governmental plans not subject to the provisions of the Employee Retirement Security Act of 1974 ("ERISA") as amended; and

WHEREAS, UnitedHealthcare Insurance Company and the Group agree and understand that the Agreement will incorporate the Request for Proposal ("RFP") dated May 5, 2010, UnitedHealthcare Insurance Company's response to the RFP (including clarifying information provided as part of the RFP process), and the required provisions set forth under Section 2 of the RFP dated May 5, 2010; and

WHEREAS, the Parties agree and understand that the purpose of this Letter of Understanding (LOU) is to confirm that the services described in the RFP (including the terms and conditions of those services), timely commence; and, further, that the Group shall approve and pay administrative fees as shown below and fund claims in accordance with their internal approval process, until such time the Agreement is finalized and at which time the provisions of the Agreement shall prevail; and

WHEREAS, pursuant to the RFP, until the Agreement is executed, the Parties agree and understand that the RFP and UnitedHealthcare Insurance Company's RFP response will serve as the Parties' agreement and understanding regarding the terms and conditions of the administrative, network management, disease management and utilization review services for the Group's self-funded medical plans; and further, shall be binding on the Parties effective January 1, 2011; and

WHEREAS, the Parties agree and understand that this LOU is not intended to capture each of the terms to be induded in the final Agreement; and

WHEREAS, pursuant to the terms of the RFP, the Parties agree and understand that this LOU is not intended by the Partes, nor does it, change the services, or the terms or conditions of those services as set forth in the RFP, UnitedHealthcare Insurance Company's response to the RFP (including other clarifying information provided as part of the RFP process); and

WHEREAS, the Group appoints the Public Employee Benefits Cooperative of North Texas ("PEBC") as Plan Administrator, to serve as an agent of Group and authorized to act on behalf of Group in all aspects of plan administration, including eligibility reporting, data management and transfer, billing, plan design, plan management and operations, performance and savings guarantees, HIPAA privacy and security matters, and other matters as required, except that the PEBC does not serve as a fiduciary of Group; and

WHEREAS, Exhibit A - Business Associate Addendum To Letter of Understanding is made a part of this LOU and incorporated herein; and

WHEREAS, the Parties agree and understand that subsequent to this LOU being executed, the Parties will continue in good faith to expedite, and to take such steps as necessary to enter into a Signed Agreement;

1

NOW, THEREFORE, it is agreed that:

The Parties agree to the provisions described herein. Once the Agreement is negotiated and signed, all duties required in this LOU terminate.

Administrative fees effective January 1, 2011 are:

General Administration PEPM (EPO/PPO) Disease Management PEPM (Asthma, Diabetes, Coronary) Full-service Subrogation PEPM TOTAL PEPM

Stoploss premium effective January 1, 2011 is:

Specific deductible $600,000 (excludes outpatient RX)

$31.95 $ 1.01 L....11 $33.37

$12.62

The Partes agree to enter into this LOU as set forth herein, effective as of January 1, 2011.

The undersigned parties hereto have caused this Letter of Understanding to be executed in multiple originals by their duly authorized officers, to be effective January 1, 2011.

Dallas County 411 Elm Street, Second F r Dallas, TX 75202

Print Name: Clay Jenkins

Print l1tle: County Judge

Date: January 18, 2011

c V

2

UnitedHealthcare Insurance Company 185 Asylum Street Hartford, CT 06103

Authorized Signature

Print Name:

Print l1tle:

Date:

EXHIBIT A- BUSINESS ASSOCIATE ADDENDUM TO LETTER OF UNDERSTANDING

This Business Associate Addendum (BAA) is made to the Letter of Understanding (the "LOU") between UnitedHealthcare Insurance Company on behalf of itself and its Affiliates (Business Associate) and Dallas County, as a member of the Public Employee Benefits Cooperative of North Texas (Covered Entity) (each a "Party" and collectively the "Parties") and is effective on January 1, 2011 (Effective Date). This BAA replaces the terms of any business associate agreement between the Parties.

The Parties hereby agree as follows:

1. DEFINITIONS

1.1 Unless otherwise specified in this BAA, all capitalized terms used in this BAA not otherwise defined in this BAA or otherwise in the LOU have the meanings established for purposes of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, "HIPAA") and ARRA, as each is amended from time to time. Capitalized terms used in this BAA that are not otherwise defined in this BAA and that are defined in the LOU shall have the respective meanings assigned to them in the LOU. To the extent a term is defined in both the LOU and in this BAA, HIPAA or ARRA, the definition in this BAA, HIPAA or ARRA shall govern.

1.2 "Affiliate", for purposes of this BAA, shall mean any entity that is a subsidiary of United Health Group.

1.3 "ARRA" shall mean the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009, 42 U.s.C §§17921-17954, and any and all references in this BAA to sections of ARRA shall be deemed to include all associated existing and future implementing regulations, when and as each is effective.

1.4 "Breach" shall mean the acquisition, access, use or disclosure of PHI in a manner not permitted by the Privacy Rule that compromises the security or privacy of the PHI as defined, and subject to the exceptions set forth, in 45 CF.R. 164.402.

1.5 "Compliance Date" shall mean, in each case, the date by which compliance is required under the referenced provision of ARRA and/or its implementing regulations, as applicable; provided that, in any case for which that date occurs prior to the Effective Date of this BAA, the Compliance Date shall mean the Effective Date.

1.6 "Electronic Protected Health Information" (ePHI) shall mean PHI as defined in Section 1.7 that is transmitted or maintained in electronic media.

1.7 "PHI" shall mean Protected Health Information, as defined in 45 CF.R. 160.103, and is limited to the Protected Health Information received from, or received or created on behalf of, Covered Entity by Business Associate pursuant to the performance of the Services.

1.8 "Privacy Rule" shall mean the federal privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, codified at 45 CFR Parts 160 and 164 (Subparts A & E).

1.9 "Security Rule" shall mean the federal security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, codified at 45 CFR Parts 160 and 164 (Subparts A & C).

1.10 "Services" shall mean, to the extent and only to the extent they involve the creation, use or disclosure of PHI, the services provided by Business Associate to Covered Entity under the LOU, including those set forth in this BAA in Sections 4.3 through 4.7, as amended by written agreement of the Parties from time to time.

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2. RESPONSIBILITIES OF BUSINESS ASSOCIATE

With regard to its use and/or disclosure of PHI, Business Associate agrees to:

2.1 use and/or disclose PHI only as necessany to provide the Services, as permitted or required by this BAA and/or the LOU, and in compliance with each applicable requirement of 45 C.F.R, 164.504(e) or as otherwise Required by Law,

2.2 implement and use appropriate administrative, physical and technical safeguards to (i) prevent use or disclosure of PHI other than as permitted or required by this BAA; (iI) reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity; and (iii) as of the Compliance Date of 42 U.s,c. § 17931, comply with the Security Rule requirements set forth in 45 C.F,R, 164.308, 164.310, 164.312, and 164.316.

2.3 without unreasonable delay, report to Covered Entity: (i) any use or disclosure of PHI, of which it becomes aware, that is not provided for by this BAA; and/or (ii) any Security Incident of which Business Associate becomes aware in accordance with 45 C.F,R, 164,314(a)(2)(C),

2.4 with respect to any use or disclosure of Unsecured PHI not permitted by the Privacy Rule that is caused solely by Business Associate's failure to comply with one or more of its obligations under this BAA, Covered Entity hereby delegates to Business Associate the responsibility for determining when any such incident is a Breach and for providing all legally required notifications to Individuals, HHS and/or the media, on behalf of Covered Entity, Business Associate shall provide these notifications in accordance with the data breach notification requirements set forth in 42 U.s.c. §17932 and 45 C.F,R, Parts 160 & 164 subparts A, D & E as of their respective Compliance Dates, and shall pay for the reasonable and actual costs associated with such notifications, In the event of a Breach, without unreasonable delay, and in any event no later than sixty (60) calendar days after Discoveny, Business Associate shall provide Covered Entity with written notification that includes a description of the Breach, a list of Individuals (unless Covered Entity is a plan sponsor ineligible to receive PHI) and a copy of the template notification letter to be sent to Individuals.

2,5 require all of its subcontractors and agents that create, receive, maintain, or transmit PHI to agree, in writing, to the same restrictions and conditions on the use and/or disclosure of PHI that apply to Business Associate; including but not limited to the extent that Business Associate provides ePHI to a subcontractor or agent, it shall require the subcontractor or agent to implement reasonable and appropriate safeguards to protect the ePHI consistent with the requirements of this BAA.

2,6 make available its internal practices, books, and records relating to the use and disclosure of PHI to the Secretany for purposes of determining Covered Entity's compliance with the Privacy Rule.

2,7 document, and within thirty (30) days after receiving a written request from Covered Entity or an Individual, make available directly to an Individual, an accounting of disclosures of PHI about the Individual, in accordance with 45 C.F,R, 164.528.

2.8 notwithstanding Section 2.7, in the event that Business Associate in connection with the Services uses or maintains an Electronic Health Record of PHI of or about an Individual, then Business Associate shall, when and as directed by Covered Entity or when requested by an Individual, make an accounting of disclosures of PHI directly to an Individual within thirty (30) days after receiving a written request, in accordance with the requirements for accounting for disclosures made through an Electronic Health Record in 42 U.s,c. § 17935(e) as of its Compliance Date.

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2.9 provide access, within thirty (30) days after receiving a written request from Covered Entity or an Individual, to PHI in a Designated Record Set about an Individual, directly to an Individual, in accordance with the requirements of 45 CF.R. 164.524.

2.10 notwithstanding Section 2.9, in the event that Business Associate in connection with the Services uses or maintains an Electronic Health Record of PHI of or about an Individual, then Business Associate shall provide an electronic copy of the PHI, within thirty (30) days after receiving a written request, directly to an Individual or a third party designated by the Individual, all in accordance with 42 USC § 17935(e) as of its Compliance Date.

2.11 to the extent that the PHI in Business Associate's possession constitutes a DeSignated Record Set, make available, within thirty (30) days after a written request by Covered Entity or an Individual, PHI for amendment and incorporate any amendments to the PHI, as directed by Covered Entity or an Individual, all in accordance with 45 CF.R. 164.526.

2.12 request, use and/or disclose only the minimum amount of PHI necessary to accomplish the purpose of the request, use or disclosure; provided, that Business Associate shall comply with 42 USC § 17935(b) as of its Compliance Date.

2.13 accommodate reasonable requests by Individuals for confidential communications in accordance with 45 CF.R. 164.522(b) of the Privacy Rule.

2.14 not directly or indirectly receive remuneration in exchange for any PHI as prohibited by 42 USC § 17935(d) as of its Compliance Date.

2.15 not make or cause to be made any communication about a product or service that is prohibited by 42 U.s.c. § 17936(a) as of its Compliance Date.

2.16 not make or cause to be made any written fund raising communication that is prohibited by 42 USC § 17936(b) as of its Compliance Date.

3. RESPONSIBILITIES OF COVERED ENTITY

In addition to any other obligations set forth in the LOU, including in this BAA, Covered Entity:

3.1 represents that it has ensured, and has received certification from Plan Sponsor, that Plan Sponsor has taken the appropriate steps in accordance with 45 CF.R. 164.504(f) and 45 CF.R. 164.314(b) to enable Business Associate on behalf of Covered Entity to disclose PHI to Plan Sponsor, including but not limited to amending its Plan documents to incorporate, and agreeing to, the requirements set forth in 45 C.F.R. 164.504(f)(2) and 45 CF.R. 164.314(b). Covered Entity shall ensure that only employees authorized under 45 CF.R. 164.504(f) shall have access to the PHI disclosed by Business Associate to Plan Sponsor.

3.2 will not, without Business Associate's prior written consent, agree to an Individual's request for a restriction pursuant to 45 CF.R. 164.522(a) or include any restricton in Covered Entity's notice of privacy practices under 45 CF.R. 164.520, to the extent such restriction may adversely affect Business Associate's ability to use and/or d'isclose PHI as permitted or required under this BAA.

3.3 will provide, or direct its other business associates to provide, to Business Associate only the minimum PHI necessary to accomplish the Services.

3.4 shall be responsible for using, or directing its other business associates to use, administrative, physical and technical safeguards at all times to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to the LOU, including this BAA, in accordance with the standards and requirements of HIPAA, until such PHI is received by Business Associate.

3.5 shall obtain any consent or authorization that may be required by applicable federal or state laws and regulations prior to furnishing, or directing any of its other business associates to furnish, the PHI to Business Associate.

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4. OTHER PERMITTED USES AND DISCLOSURES OF PHI

Unless otherwise limited herein, in addition to any other uses and/or disclosures permitted or required by this BAA or the LOU, Business Associate may:

4.1 make any and all uses and disclosures of PHI necessary to provide the Services to Covered Entity.

4.2 use and disclose to subcontractors and agents the PHI in its possession for its proper management and administration or to carry out the legal responsibilities of Business Associate, provided that any third panty to which Business Associates discloses PHI for those purposes provides written assurances in advance that: (i) the infonmation will be held confidentially and used or further disclosed only as Required by Law; (iI) the information will be used only for the purpose for which it was disclosed to the third panty; and (iii) the third panty promptly will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information has been breached.

4.3 De-identify any and all PHI obtained by Business Associate under this BAA, which Deidentified infonmation does not constitute PHI, is not subject to this BAA and may be used and disclosed on Business Associate's own behalf, all in accordance with the De-identification requirements of the Privacy Rule.

4.4 provide Data Aggregation services relating to the Health Care Operations of the Covered Entity, including through subcontractors and agents, in accordance with the Privacy Rule.

4.5 identify Research projects conducted by Business Associate, its Affiliates or third parties for which PHI may be relevant; obtain on behalf of Covered Entity documentation of individual authorizations or an Institutional Review Board or privacy board waiver that meets the requirements of 45 C.F.R. 164.512(i)(1) (each an "Authorization" or 'Waiver") related to such projects; provide Covered Entity with copies of such Authorizations or Waivers, subject to confidentiality obligations ("Required Documentation"); and disclose PHI for such Research provided that Business Associate does not receive Covered Entity's disapproval in writing within ten (10) days of Covered Entity's receipt of Required Documentation.

4.6 make PHI available for reviews preparatory to Research and obtain and maintain written representations in accord with 45 C.F.R. 164.512(1)(1)(li) that the requested PHI is sought solely as necessary to prepare a Research protocol or for similar purposes preparatory to Research, that the PHI is necessary for the Research, and that no PHI will be removed in the course of the review.

4.7 use the PHI to create a Limited Data Set ("LDS'') in compliance with 45 C.F.R. 164.514(e).

4.8 use and disclose the LDS referenced in Section 4.7 solely for Research, Health care Operations, or Public Health purposes provided that Business Associate shall: (I) not use or further disclose the information other than as permitted by this Section 4.8 or as otherwise Required by Law; (iI) use appropriate safeguards to prevent use or disclosure of the information other than as provided for by this Section 4.8; (iii) report to Covered Entity any use or disclosure of the information not provided for by this Section 4.8 of which Business Associate becomes aware; (iv) ensure that any agents or subcontractors to whom Business Associate provides the LDS agree to the same restrictions and conditions that apply to Business Associate with respect to such information; and (v) not identify the information or contact the individuals.

5. TERM, TERMINATION AND COOPERATION

5.1 Term. The Term of this BAA shall be effective as of the Effective Date, and shall terminate upon the final expiration or termination of the LOU unless earlier terminated in accordance with Section 5.2 of this BAA.

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5.2 Termination. If either Party knows of a pattern of activity or practice of the other Party that constitutes a material breach or violation of this BAA then the non-breaching Party shall provide written notice of the breach or violation to the other Party that specifies the nature of the breach or violation. The breaching Party must cure the breach or end the violation on or before sixty (60) days after receipt of the written notice. In the absence of a cure reasonably satisfactory to the non-breaching Party within the specified timeframe, or in the event the breach is reasonably incapable of cure, then the non-breaching Party may do the following:

(1) if feasible, terminate this LOU, including this BAA; or

(2) if termination of the LOU is infeasible, report the issue to HHS.

5.3 Effect of Termination or Expiration. Within sixty (60) days after the termination or expiration of LOU and/or this BAA, Business Associate shall return or destroy all PHI, if feasible to do so, including all PHI in possession of Business Associate's agents or subcontractors. If Business Associate determines that return or destruction of the PHI is not feasible, Business Associate may retain the PHI subject to this Section 5.3. Under any Circumstances, Business Associate shall extend any and all protections, limitations and restrictions contained in this BAA to Business Associate's use and/or disclosure of any PHI retained after the termination or expiration of this BAA, and shall limit any further uses and/or disclosures solely to the purposes that make return or destruction of the PHI infeasible.

5.4 Cooperation. Each Party shall cooperate in good faith in all respects with the other Party in connection with any request by a federal or state governmental authority for additional information and documents or any governmental investigation, complaint, action or other inquiry.

6. MISCELLANEOUS

6.1 Incorporation into LOU. The parties hereby agree that this BAA is incorporated into and made a part of the LOU. This BAA replaces any prior written or oral communications or agreements between the parties relating to the subject rnatter of this BAA.

6.2 Contradictory Terms: Construction of Terms. Any other provision of the LOU that is directly contradictory to one or more terms of this BAA ("Contradictory Term'') shall be superseded by the terms of this BAA to the extent and only to the extent of the contradiction, only for the purpose of Covered Entity's and Business Associate's compliance with HIPAA and ARRA, and only to the extent reasonably impossible to comply with both the Contradictory Term and the terms of this BAA. The terms of this BAA to the extent they are unclear shall be construed to allow for compliance by Covered Entity and Business Associate with HIPAA and ARRA.

6.3 No Third Party Beneficiaries. Nothing in this BAA shall confer upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations, or liabilibes whatsoever.

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,) {It 1 ORDER NO: "" \J JL -

13t

1 COURT ORDER

DATE: ____ ~J~an~u~ary~~18~t_h~,~2~0~1~1~ __________ __

STATE OF TEXAS §

COUNTY OF DALLAS §

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

the 18th day of January 2011 on a motion made by Jolm Wiley Price, Commissioner of District No, 3 ,and seconded by

-=D.;::r..:,-=E=l b=a=--Gc-,ar=c:.:i:.::a,-"-=C-,,oll1ffil=:::-s:::s:.::i:..:0c:.n:.::e=r......::.o=f_D:..cl:::-s:..:t:.:r:.:i:.:c:...:t-=.N-"o-,-, _4-'-_____ , the following Order was adopted.

WHEREAS, the State Property Tax Code, Sec. 3l.11, states that a refund for an overpayment or erroneous payment for an amount exceeding $5,000 is to be approved by the Commissioners Court of Dallas County; and

WHEREAS, the Tax Assessor/Collector has attached a list for which request for refunds exceeding $5,000 have been received and has determined that these tax payments were erroneous or excessive; and

WHEREAS, the Dallas County Auditor's Office has agreed that the tax payments on the attached list are erroneous or excessive and should be refunded to the taxpayers; and

WHEREAS, the Dallas County Tax Assessor / Collector has complied with the requirements of the State Property Tax Code, Sec. 3l.1l. It is the desire of the Commissioners Court to approve the attached list of erroneous or excessive tax payments for refund.

NOW THEREFOREBE IT ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners

Court that the list of tax payments attached for the period ending January 18th, 2011 ______________ is hereby approved for refund.

DONE IN OPEN COURT, this the --T~'-rr-+ ~J~a~n~u~ar~y-,-_________ , 2011

RICT#1 ~#3

MISSIONER DISTRICT #4

Recommended by:

For the period ending: JANUARY 18, 2011

ACCOUNT NUMBER

00000757861000000

321995800A0400000

/J -

DALLAS COUNTY TAX ASSESSOR/COLLECTOR

REFUNDS FOR ERRONEOUS OR EXCESSIVE TAX PAYMENTS

FOR AMOUNTS OVER $5000.00

TAXPAYER REQUESTING REFUND JAMOUNT OF REFUND

NATIONAL ESCROW & TITLE LLC $6,748.19

FIRST AMERICAN TITLE CO $5,126.27

/J TOTAL $11,874.46

CHECK#

421983

421989

>:r irnd:2 / ~ / f'Y , for the Dallas CDunty Tax Assessor/CDllectDr's Office ! I

~' \I'--"-~ -~r'T"->,..I~---"--,_....:o._Y,,,,-''--' ~=--:=-__________ " fDr the Dallas CDunty AuditDr's Office j,

ORDER NO. 2011 DATE: Jarrnry 18, 2011

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 18th day of __ -"'J""an"'u"'a"-r:y.l'--____________ 2011, on motion made by

_Jo_l_ill_W_l_'l_e_y_P_r_i_ce_,_C_oTIlID_i_ss_i_o_n_er_o_f_D_i_s_t_rl_' c_t_N_o_._3 __________ , and seconded by

-.::;Dr:;c.:-.::E:::,l b::.:a=-:.:Ga:::.r:..:;c:::i:::aL, ..::.C:::OTIlIDl=·::;:S:::Sl=:· o:::n:::::e;:cr ..::.o:.::f-.::;Dl::.:· s:..:t:::.r;:cic=:t:....::cNo:;.....'---'4 _____ , the following Order was adopted:

WHEREAS, the 2011 Comprehensive Energy Assistance Program was discussed in Commissioners Court on January 18, 2011; and

WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified Dallas County Health and Human Services of the 2011 CEAP Contract No. 58110001076, in the amount of $3,795,556; 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 2011 CEAP Program offers utility assistance and emergency relief to assistthose 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, Contract No. 58110001076 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 the 2011 Comprehensive Energy Assistance Program (CEAP) Contract No. 58110001076, in the amount of $3,795,556, effective January 1,2011 through December 31,2011, and authorizes the County Judge to electronically sign the Contract on behalf of Dallas County.

DONE IN OPEN CO RT this the 18th day of _-/-__ --'--______ ---;;,v-711.

Recommended by:

Mauri' key Commissioner, District No.

Mike Cantrell Commissioner, District o.

~. Dr. Elba Garcia Commissioner, District NO.4

~ / 11:l,su-) --:z=-a-c:--ha-~~~I"'or"", ~H7"e.=a"'lt:--h-a-n-;d-;-H-:-u-m-a-n-S=e-rv-:-ic-es

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CONTRACT NO. 58110001076 FORTHE

COMPREHENSIVE ENERGY ASSISTANCE I'ROGRAM (CEAP) (CFDA # 93.568)

SECTION I. PARTIES TO THE CONTRACT

This contract is made by and between the Texas Department of Housing and Community Affairs (IDe "Department"), an agency of the State of Texas and Dallas County Department of Health and Human Services (the "Subrecipient").

SECTION 2. CONTRACT PERIOD

The period for performance of this contract, unless earlier terminated, is January 0 1,2011 through Dec(~mber 3!, 20! 1.

SECTION 3. SUBRECIPIENT PERFORMANCE

Subrecipient shaU, on an equitable basis throughout its service area, opemte a Comprehensive Energy Assistance Program, (the "CEAP"), in accordance with the terms of this contract and aU applicable state and federal regulations. Subrecipient shall assist low-income persons, with priority being given to elderly, persons with disabilities, households with young

children under 6 years of age, households with high energy burden and households with high energy consumption. Subrecipient shall provide services in relation to the current census demographics for age, income, and ethnicity for

Subrecipient's service area. Subrecipient shall implement' the CEAP in accordance with the Low~Income Home Energy Assistance Act of 1981, as amended, 42 U.S.c. Sec. 8621 et seq. (the '-'-LIHEAP Act" Public Law 97~35), Texas Administrative Code (lOT AC chapter 5) and the LIHEAP State Plan and Subrecipient's service delivery plan. Services

shall include the following categories of assistance: Ener&,'Y Crisis, Co~Paymcnt, Elderly and Disabled, and Heating/Cooling Systems as well as LlHEAP Assurance 16 activities, as further spL'Cified in the Budget (Attachment' A)

SECTION 4. DEPARTMENT OBLIGATIONS

A. Measure of Liability

In consideration of Subrecipient's satisfactory perfonnance of this contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified in Attachment A of this contract. Any

decision to obligate additional fund!> or deobligate funds shall be made by Department based upon factors including, but not limited to, the status of funding under grants to Department, the rate of Subrecipient's utilization of funds under this or previous contracts, the existence of questioned or disallowed costs llnder tbis or other contracts between the

parties, and Subrecipient's overall compliance wi111 the tenns 0[tl1is contract.

Department's obligations under this contract are contingent upon the actual receipt of fundo.; from the u.s. Department of Health and Human Services and the State of Texas. Department acknowledges tllat it has received ob1iga~ions from those sources, which, if paid, wHl be sufficient to pay the allowable costs incurred by

Subrecipient under this contract.

2 Department is not liable for any cost Incurred by Subrecipient which:

3. is subject to reimbursement by a source other than Department;

b. is lor performance of services or activities not authorized by the UHEAP Act, or which is not in accordance

with the terms of this contract;

c. is not reported to Department on a Monthly Funding/FinanciallPerf-ormance Report within sixty (60) days

following the termination of the Contract Period; or,

d. is not incurred during the Contract Period.

e. is incurred for the purchase or pennanent improvement of rca! property (other than low~cost residential

weatherization or other energy~related home repairs).

B. Limits of Liability

Notwithstanding any other provision of this contracl~ the total of all payments and other obligations incurred by

Department under this contract shall not exceed the sum of $3,795,556.00

Page 1 of 12

SECTION 5. METIIOD OFPAYMEI',TICASH BALANCES

A Each month, Subrecipient may request an advance payment by electronically submitting to Department at its offices in Travis County, Texas, no later than the fifteenth (15th) day of the month prior to the month for which advance payment is sought, a properly completed -Funding Report for an amount not to exceed Subrecipien('s actual cash needs for the month for which such advance is sought.

B. Subrecipient's requests for advances shall be limited to the amount needed and be timed to be in accordance with actual

immediate cash requirements of the Subrecipient in carrying out the purpose of this contract. The timing and amount of cash advances shall be as close as administratively feasible to the actual disbursement by the Subrecipient for direct program costs and the proportionate share of any allowable indirect costs. Subrecipient shaH establish procedures to minimize the time elapsing between the disbursement of funds from Department to Subrecipient and the expenditure of such funds by Subrecipient.

C Subsection 5(A) notwithstanding, Department reserves the right to utilize a cost reimbursement method of payment if (l) Subrecipient maintains excessive cash balances or requests advance payments in excess of thirty (30) days need; (2) Department identifies any deficiency in the internal controls or financial management system used by Subrecipient; (3) Subrecipient violates any of the tenns of this contract; (4) Department's funding sources require the use of a cost reimbursement method of payment or (5) Subrecipient owes the Department fund.",.

D. Subrecipient shall refund, within fifteen (15) days of Department's request, any sum of money paid to Subrecipient by Department which Department detennines: (1) has resulted ill an overpayment to Subrecipient; or (2) has not been spent strictly in accordance with tenus of this contract Failure to comply will result in freezing contract fimds and suspending the contract until such time as funds owed to the Department are paid. The Department may offset or withhold any amounts otherwise owed to Subrecipient under this contract against any amount owed 'by Subrecipient to Department arising under this or any other contract between the parties.

E. All funds paid to Subrecipient under this contract are paid in trust for the exclusive benefit of the eligible clients of the Comprehensive Energy Assistance Program and for allowable administrative, direct services support, assurance 16 activities, direct services, and training/travel expenditures.

SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

Except as expressly modified by law or the terms of this contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in the Uniform Grant and Contract Management Standards 1 T.A.C.§5.141 S1~q. (the "Unifonn Grant Management Standards") provided, however, that all references therein to "local goverrunenC' shall be construed to mean Subrecipient.

A. Unifonn cost principles for local governments are set forth in OMB Circular AM 87. and for non-profit organizations in OMB Circular A-I22. Uniform administrative requirements for local governments are set forth in OMB Circular A-I02, and for non-profits in OMB Circular A-llO. OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit. Organizations," sets forth audit standards for governmental organizations and other organizations expending Federal funds. The expenditure threshold requiring an audit under Circular A-I33 is $500,000.

B. Use of Alcohol Beverages. None of the funds provided under this contract shall be used for the payment of salaries to any employee who u~es alcoholic beverages during nonnal work hours as defined by the agency. No funds provided under this contract for travel expenses shall be used for the purchase of alcoholic beverages.

Page 2 of 12

SECTION 7. TERMINATION AND SUSPENSION

A. Department may tenninate this contract, in whole or in part, at any time Department detennines that there is cause for termination. Cause fOf tennination includes, but is not limited to, Subrecipient's failure to comply with any term of this contract. Department shall notifY Subrecipient in writing at least thirty (30) days before the date of termination.

C.

Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's perfonnance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this contract.

Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not he relieved of any liability to Department for damages by virtue of any breach of this contract by Subrecipient. Department may withhold any payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is otherwise determined.

D. Department shalt not be Ilable for any costs incurred by Subrecipient after termination or during suspension of this contract.

E. Subrecipient's failure to expend the funds provided under this contract in a timely manner may result in either the termination of this contract or Subrecipient's ineligibility to receive additional funding under the Comprehensive Energy Assistance Program, or a reduction in the original aUocation of funds to Subrecipient.

SECTION 8. CHANGES AND AMENDMENTS

A. Any change in the tenus of this contract required by a change in federal or state Jawor regulation is automatically incorporated herein effective on the date designated by such law or regulation.

B. Except as otherwise specifically provided herein, any other change in the terms of tbis contract shall be by amendment in writing and signed by both parties to this contract.

SECTION 9. TECNICAL ASSISTANCE AND MONITORING

Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance with the terms of this contract. Department's monitoring may include a review of the efficiency, economy, and efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting the deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's accounting, personnel. procurement, and management procedures and systems. Department may conduct follow-up visits to review the previously noted deficiencies and to assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs, Department may terminate or suspend this contract or invoke other remedies Department determines to be appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to correct any such deficiency within a reasonable period of time. Department or its designee may conduct an ongoing program evaluation throughout the contract year.

SECTION 10. RETENTION AND ACCESSIBILITY OF RECORDS AND FILE MAINTENANCE

A. Subrecipient shall maintain financial and programmatic records, and supporting documentation for all expenditures made under this contract, in accordance with the records retention and custodial requirements set forth in the Uniform Grant Management Standards, Common Rule §42.

B. Subrecipients must provide Program applications, foons and educational materials in English, Spanish and any other appropriate language.

C. Subrecipient shall give the U.S. Department of Health and Human Services, the U.S, General Accounting Office, the Texas Comptroller, the State Auditor!s Office, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of Subrecipient, all records pertaining to tbis contract. Such right to access shall continue as long as the records are retained by Subrecipient. Subrecipient agrees to mruntain such records for three (3) years in an accessible location and to cooperate with any examination conducted pursuant to this Subsection. Subrecipient shall include the substance of this subsection in all subcontracts. Upon termination of this contract, all records are property of the CEAP.

Page 3 of 12

D. Subrecjpient sha11 mainttin a eljent file system to document rurect services rendered. Each client file shan contain the following:

(1) Client application containing all Department requirements;

(2) Documentation/verification of cllent income for the 30 days preceding their application for all household members 18 years and older, or Declaration of Income SI'atement (if applicable); as outlined in Title 10, chapter 6, Subchapter C, 10 TAC § 6.205.

(3) Copy of client's utility bil1(s);

(4) Energy consumption history for previous 12 months (when available) (all fuel types) for an components;

(5) Documentation of payment (Documentation of payment may be maintained in a separate file, but must be accessible to the Departmenl);

(6) Documentation of benefits determination (when required by component);

(7) Notice of Denial Form (ifappJicabJe);

(8) Right of appeal and procedures (if applicable) for denial or termination of services;

(9) Any documentation required by directives; and

(10) Client service agreement (as required by component).

(II) Case notes sufficient to document that Assurance 16 activities (needs assessment, referrals, budget counseling, energy conservation education and assistance with energy vendors) have occurred.

(12) Priority rating fonn.

(13) Appliance assessment infonnation is required by CEAP and includes at a minimum the following information on all major heating and cooling appliances to include water heaters and refrigerators:

Type of appliance Existing Efficiency rating

Fuel used Location of appJiance

Size of appliance (BTU) RE (If EF (water beaters)

Age of appliance Input/Output BTU

Size of room where appliance is used Recommendation

Carbon Monoxide (CO) levels for all eligible Meter all 110V Heating and Cooling devices and combustion appliances document: Volt, AMP. and Watt usage.

E. Subrecipient shall maintain complete client files; at all times. Costs associated with incomplete files found at the time

of program monitoring may be disallowed.

SECTION 11. REPORTING REQUIREMENTS

A. SUbrecipient shall electronically submit to Department, no later than fifteen (l5) days after the end of each month of the Contract Period, a Funding Report of all expenditures of funds and clients served under this contract during the

previous month.

B. Sub recipient shall submit to Department, no later than sixty (60) days after the end of the Contract Period, an inventory

of all vehicles, tools, and equipment with a unit acquisition cost of $5,000 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this contract or previous Comprehensive Energy

Assistance Program contracts. The inventory shall include the vehicles, tools, equipment, and appliances purchased with heating and cooling funds on hand as of the last day of the Contract Period. Subrecipient acknowledges that all equipment and supplies purchased v.rith funds from the CMP are the property of CEAP and as such, stay with the

subrecipient which provides CEAP services in the service area.

Page 4 ofl2

C. Subrecipient shaH electronically submit to Department., no later than sixty (60) days after the end of the Contract Period, a final Funding Report of aU expenditures of funds and clients served under this contract. Failure of Subrecipient to provide a full accounting of funds expended under this contract may result in the tennination of this contract and ineligibility to receive additional funds. If Subrecipient fails to submit a final expenditure/perfonnance report within 60 days of the end of the Contract Period, Department will use the last report submitted by Subrecipient as the fmal report.

D. If Subrecipient fails to submit. in a timely and satisfactory manner, any report or response required by this contract, Department may withhold any or all payments otherwise due or requested by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received by Department. If the delinquent report or response is not received within forty-five (45) days of its due date, Department may suspend or terminate this contract. If Subrecipient receives funds from Department over two or more Contract Periods, funds may be withheld or this contract suspended or tenninated for Subrecipient's failure to submit a past due report or response (including an audit report) from a prior contract or Contract Period.

SECTION 12. PROCUREMENT STANDARDS

A. Subrecipient may not use funds provided under this contract to purchase personal property, equipment, goods, or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received the prior written approval of Department for such purchase

B. Upon the tennination or non-renewal of this contract, Department may transfer title to any such property or equipment having a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving Department funding.

SECTION 13. INDEPENDENT SUBRECIPIENT

rSubrecipient is an independent contractor. by law, indemnify it against any disallowed with Subrecipient's perfonnance of this contract

SECTION 14. SUBCONTRACTS

Subrecipient agrees to hold Department hanniess and, to the extent allowed costs or other claims which may be asserted by any third party in connection

A. Subrecipient may not subcontract the primary perfonnance of this contract and only may entcr into contractual agreements for consulting and other professional services, if Subrecipient has received Department's prior written approval. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client assistance will be subject to monitoring by the Department as per

Section 9.

B. In no event shalJ any proviSion of this Section J4, specifically the requirement that Subrecipient obtain Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the tenus of this contract. as jf such perfonnances rendered were rendered by Subrecipient. Department's approval under Section 14 does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's perfonnance hereunder. Department maintains the right to insist upon Subrecipient's full compliance with the terms of this contract, and by the act of approval under Section l4, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract.

Page 50f12

SECTION 15. CONFLICT OF INTERESTINEPOTISM

A. Subrecipient shall maintain written standards of conduct governing the perfonnance of its employees engaged in the award and administration of contracts.

B. No employee, officer, or agent of Subrecipient shaH participate in the selection, award, or administration of a contract snpported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award,

C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipients may set standards for situations in which

the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of

the Subrecipient.

D. Subrecipients who are local governmental entities shall, in addition to the requirements of this Section, foHow the requirements of Chapter 171 of the weal Government Code regarding conflicts of interest of officers of municipalities, counties, and certain other local governments.

E. Failure to malntain written standards of conduct and to follow and enforce the written standards is a condition of default under this Contract and may result in termination of the Contract or deob!igation of funds.

SECTION 16. COMPLIANCE WITH LAWS

Subrecipient shall comply with the Low-Income Home Energy Assistance Act of 1981, as amended, 42 U.S. C. Sec. 8621 et Seq. (the "LIHEAP Act" Public Law 97-35) and with the rule.<; and regulations promulgated there under, and with all

federal, state, and local laws and regulations applicable to the performance of this contract, including Texas Administrative Code (10 TAC Chapter 5) and the LIHEAP State Plan.

SECTION 17. PROGRAM INCOME

Subrecipient shall account for and expend program income derived from activities financed in whole or in part with funds provided under tbis contract in accordance with the Uniform Grant Management Standards, Common Rule, L.25, OMB Circular A-I 10 §~.24, and OMB Circular A-102, Attachment, 2e.

SECTION 18. NON-BINDING GmDANCE

Department may issue non-binding guidance to explain the rules and provide directions on teffi1S of this contract.

SECTION 19. NON-DISCRIMINATION AND EQUAL OPPORTUNITY

No person shall, on the grounds of race, color, religion, sex, national origin, age, handicap, political affiliation, or belief, be excluded trom 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

made available under this contract.

Page 6 ofl2

SECTION 20. LEGAL AUTHORITY

A. Subrecipient represents that it possesses the legal authority to enter into this contract, receive and manage the funds authorized by this contract, and to perfonn the services Subrecipient has obligated itslef to perfonn hereunder.

B. The person signing this contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by Contract to execute this contract on behalf of Subrecipient and to bind Subrecipient to the terms herein set forth.

C. Department shaH have the right to suspend or terminate this contract jf there is a dispute as to rile legal authority of either Subrecipient, or the person signing this contract, to enter into this contract or to render performances hereunder. Subrecipient is liable to Department for any money it has received from Department for peformance of the provisions of this contract, if Department bas terminated this contract for reasons enumerated in this Section 20.

SECTION 21. AUDIT

A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and perfonnances rendered under this contract, subject to the following conditions and limitations:

(1) Subrecipient expending $500,000 or more in total Federal awards or $500,000 in total state financial assistance shall have an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501, and OMB Circular No. A~133, "Audits of States, Local Governments, and Non~Profit Organizations" issued June 30, 1997. For purposes of Section 21, "Federal financial assistance" means assistance provided by a Federal agency in the fonn of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with OMB guidelines. The term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly through other units of State and local government;

(2) Sections 4 D (3) and (4) above notwithstanding, Subrecipient may utilize funds budgeted under this contract to pay for tbat portion of the cost of such audit servkes properly aUocable to the activities funded by Department under this contract, provided, however, that Department shall not make payment for the cost of such audit services until Department has received a satisfactory audit report from Subrecipient, as determined by Department.

(3) Subrecipient shall submit three (3)copies of such audit report and any a.'lsociated management letter to the Department (2 to Portfolio Monitoring and Compliance and 1 to Community Affairs Division) within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subrecipient shall make audit report available for public inspection within thirty (30) days after receipt of the audit report(s). Audits perfonned under this Section are subject to review and resolution by Department or its authorized representative. Subrecipient shall submit such audit report to the Federal clearinghouse designated by OMS in accordance with OMB A-133.

(4) The audit report must include verification of all expenditures by budget category, in accordance with "Attachment A-Budget" of this contract.

B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an allowable charge under Federal awards.

C. Subsection A of this Section 21 notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of funds received and performance rendered under this contract. Subrecipient agrees to pennit Department or its authorized representative to audit Subrecipient's records and obtain any documents, materials, or information necessary to facilitate such audit.

D. Subrccipient understands and agrees that it shall be liable to the Deparhnent for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Subrecipient further understands 3lld agrees that reimbursement to Department of sucb disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this contract.

E. Subrecipient shaH take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 21 as Department may require of Subrccipient.

Page 7 ofl2

F, Subrecipient shall procure audit services through an open, competitive process at least once every four years. The auditor shall retaln 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 cany 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.

G. For any fiscal year ending within or immediately after the Grant Period, Subrecipient must submit an "Audit Certification Fonn" (available from the Department) within sixty (60) days after the Subrecipient's fiscal year end.

SECTION 22. DEPARTMENT/CEAP TRAVEL AND TRAINING

A. The trave! funds are to be used only for Department-approved training events. SUbrecipient shall adhere to OMB Circulars (A-87 {2 CFR 225} and A~122 {2 eFR 230} as appropriate), and either its board-approved travel policy, or the State of Texas travel policies.

SECTION 23. POLITICAL ACTIVITY PROHIBITED

A. None of the funds provided under this contract shaH be used for influencing the outcome of any election, or the passage or defeat of any legislative measure, This prohibition shall not be construed to prevent any official or employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or state official or employee, or to any citizen, information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shaH subject the person initiating the action to immediate dismissal from employment.

B. No funds provided under this contrdct may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas, or the government of the United States,

C. None of the funds under this contract shall be expended in payment of the salary for full-time employment of any employee who is also the paid lobbyist of any individual, firm, association, or corporation. None of the funds provided by this contract shaH be expended in payment of the partial salary of a part-time employee who is required to register as a lobbyist by virtue of the employee's activities for compensation by or on behalf of industty, a profession or association related to operation of Subrecipient. A parHime employee may serve as a lobbyist on behalf of industry, a profession, or association so long as such' entity is not related to Subrecipient. Except as authorized by law, no contract funds shall be expended in payment of membership dues to an organization on behalf of Subrecipient or an employee of Subrecipient if the organization pays aU or part of the salary of a person required to register under Chapter 305, Govemment Code.

D. None of the funds provided under this contract shall be paid to any official or employee who violates any of the provisions of this section.

SECTION 24. SECTARIAN INVOLVEMENT PROIDBITED

No funds received by Subrecipienl hereunder shall. he used, either directly or indirectly, to support any religious or anti-religious activity

SECTION 25. COPYRIGHT

Subrecipient may copyright materials developed in the perfonnance of this contract or with funds expended under this contract. Department and HHS shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government purposes

SECTION 26. PREVENTION OF WASTE, FRAUD, AND ABUSE

A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this contract The systems and procedures shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors and administering agencies. Subrecipient's internal control systems and aU tmnsactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by Department.

Page 8 of12

B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the pmposes of any investigation of the Comprehensive EneTgy Assistance Program. Subrecjpient shan immediately notify Department of any discovery of waste fmud or abuse, Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse in the Comprehensive Energy Assistance Program,

c. Subrecipient may not discriminate against any employee or other person who reports a violation of the tenns of this contract, or of any law or regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith.

SECTION 27. HE 1196 CERTIFICATION AGAINST UNDOCUMENTED WORKERS

SubrecipientiLocal Opemtor certifies that it, or a branch, division, or department of SubrecipientiLoca1 Operator does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for pennanent residence to the United States or authorized under law to be employed in that manner in the United States, If, after receiving a public subsidy, SubrecipientiLocal Operator, or a branch, division, or department of SuhrecipientiLocal Operator is convicted of a violation under 8 U.S.c. Section 1324a, SubrecipientlLocal Operator shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the 120th day after the date TDHCA notifies SubrecipientiLocal Operator of the violation.

SECTION 28. SE 608 CERTIFICATION OF ELIGIBILITY

Under Section 2261.053, Texas Government Code, SubrccipientiLDcal Operator certifies that it is not ineligible to receive this contract and acknowledges that this contract may be tenninated and payment withheld if this certification is inaccurate.

SECTION 29. MAINTENANCE OF EFFORT

Funds provided to Subrecipient under this contract may not be substituted for funds or resources from any other source nor in any way serve to reduce the funds or resources which would have been available to, or provided through, SUbrecipient had this contract never been executed,

SECTION 30. NO WAIVER

Any rigbt or remedy given to Department by this contract shall not preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy, The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time.

SECTION 31. SEVERABILITY

If any portion of this contract is beld to be invalid by a court or administrative tribunal of competent jurisdiction, the remainder shaH remain valid and binding.

SECTION 32. ORAL AND WRITTEN AGREEMENTS

All oral and written agreements between the parties relating to the subject matter of this contract have been reduced to writing and are contained in this document and attachments.

SECTION 33. VENDOR AGREEMENTS

.For each of Subrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement that contains assurances relating to fair billing practices, delivery procedures, and pricing procedures for business transactions involving CEAP clients. All vendor agreements are subject to monitoring procedures perfonned by mHCA. All vendor agreements must be renegotiated every two years.

Page 9 of 12

SECTION 34. SPECIAL CONDITIONS

The Pro-Children Act of 1994, [20 U.S.C. Sec. 6081 et seq.] requires that smoking not be pennitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day

care, education, or library services to children under the age of 18 if the service..,> are funded by Federal programs either directly or through States or local government..;; by Federal grant, contract, loan or loan guarantee.

SECTION 35. EXCLUDED PARTIES LIST SYSTEM

By signing this contract, Subrecipient certifies that neither it nor its current principle parties are included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it will not award any funds provided by this contract to any party that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to

entering into any agreement with a potential subcontractor that the verification process to comply with this requirement

will be accomplished by checking the Excluded Parties List System at http://www.epls.gov! or by collecting a certification from the potential subcontractor.

SECTION 36. ALLOWABLE ADMINISTRATIVE. ASSURANCE 16 ACTIVITIES. AND DIRECT SERVICES

SUPPORT EXPENDITURES

A. Administrative and Assurance 16 Activities fllnds are earned through provision of direct services to clients.

Subrecipient may choose to submit a final budget revision in October to use its administrdtion, Assurance 16

Activities, and direct services support dollars for direct service categories; however, subrecipient is sti!! required to perform Assurance 16 Activities and Direct Service Support activities.

R Direct Services Support expenditures are eamed through provision of direct services to clients and must be supported by appropriate documentation of the allowable activities. Direct Service Support includes costs not administrative in nature but those used for outreach and targeting only to eligible households. Allowable expenditures inciude but are not limjted to salaries, fringe benefit.~, and travel expenditures of staff when conducting outreach, and application

intake Subrecipient may opt to use LIHEAP Direct Service Sllpport allocation for direct client services if they have used non·LlHEAP resources to serve the requircments of Direct Service Support. Computer purchases and any related

expenditures must be charged to Administration, not Direct Services Support.

C. In order to achieve compliance with the UHEAP Act, subrecipi.ent must coordinate with other energy related prof,'Tams. Specificafly, subrccipienl must make documented referrals to the local W AP subrecipient.

D. Subredpient shall accept applications for CEAP benefits at sites that are geographically accessible to all households in the service area. Subrecipient shall provide elderly and disabled individuals the means to submit applications for CEAP benefits without leaving their residence or by sccuring transportation for them to the sites that accept such

applications.

SECTION 37. APPEALS PROCESS

In compliance with the LiHEAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to individuals whose application for assistance is denied, terminated or not acted upon in a timely manner, according to the

Title 10, Part I, Chapter 5.

SECTION 38. ATTACHMENTS

The attachments identified below are hereby made a part of this contract:

(!) Attachment A, Budget

SIGNED this day of

Dallas County Department o1'Health and Human Services

By:


By:

This contract is not effective unless signed by the Executive Director of the Depanment or authorized designee.

Page IOofl2


CONTRACT NO. 58110001076 FOR THE

COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAI') (CFDA # 93.568)

ATTACHMENT A BUDGET

DEPARTMENT FINANCIAL OBLIGA nONS

S \795,556.00 CEAP FUNDS CURRENTLY AVAILABLE

$ 1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY A VAltABLE

BUDGET FOR A V AILABLE ALLOCA nONS

BUDGET CATEGORY FUNDS

Administration $ 273320.00

Assurance J 6 $ 233,923.00

Direct Services $ 3.286,613.00

TOTAL CEAP BUDGET $ 3,794,356.00

BUDGET CATEGORY FUNDS

Energy Crisis $ 780.570.00

Co-payment $ 780,570.00

Elderly and Disabled $ 780,570.00

Heating/Cooling S 7R0.572.00

Direct Service Supporr $ 164.331.00

TOTAL DIRECT SERVICES S 3,186,613.01J

Subrecipient's service area consists ofthe following Texas counties:

DALLAS

Page II of 12

%

-

-

-

-

%

23.75

23.75

2J,75

23.75

5.00

100.00

Administrative costs, salaries, fringe benefit'), non-training travel, equipment, supplies, audit and office space are limited to ~ oftbe contract expenditures, excluding Trainingffravel costs.

Assurance 16 Activities costs are li~ 6.00% of the contract expenditures excluding Training and Travel costs. Direct Services Support costs are limited to.5..OO.?& of total Direct Services expenditures.

Expenditures for Elderly/Disabled and Heating/Cooling must be at least 10% of Direct Service Dollars expended. Energy Crisis and Co-Payment l)ercentage wi!! be established by Subrecipient. Direct Services S!lpnort (may not exceed 5% of Direct Services dollars gmended).

Department's pl'ior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases.

Funds may not be used for the purchase or improvement of land, or the purchase, construction, or pemlaJ1ent improvement of any building or facility.

Subrecipicnt is limited to only one budget revision request during the first 6 months of the Contract Period. A second and finaJ budget revl'iion must be received by the Department on or before November 18, 20ll.

Subrecipient shall provide outreach services under all components in Ibis category, Failure to do so may result in contract termination. Subrecipient must document outreacb, whether tbe outreacb is conducted with "Direct Service Support" funds or otber funds.

Effective Date ofBudgct: 01101/2011

Page 12 of 12

COURT ORDER

ORDERNO: 2011 133 -------------------DATE: January 18, 2011

STATE OF TEXAS )(

COUNTY OF DALLAS ) (

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

held on the, __ 1_8_t_h ____ day of _---'Jc:3=TI::cU::c3=ry~ _____________ , 2011, on a motion made by

_J_o_l_m_W_l_'l_e~Y,-P_r_l_' c_e~,,--C_o_mm_i_s_s_i_o_TI_e_r_o_f_D_i_s_t_r_i_c_t_N_o_, _3 ____________ ~, and seconded by

_D_r_,_E_1,b._3_G_ar_c_i_3-,-,_C_o_=_· _S_Sl_' o_TI_e_r_o_f_D_l_' s_t_r_l_' c_t_N_o_,_4 _________ , the following Order was adopted:

WHEREAS, the Purchasing Department briefed the Dallas County Commissioners Court on January 18, 2011 concerning the extension of Bid No, 2009-025-4109 Annual Contract for Commercial Carpet Cleaning and Related Services as awarded to Park Cities Resources, LP; and

WHEREAS, the term ofthis contract is March 17,2011 through March 16,2012; and

WHEREAS, the awarded vendor has agreed to extend their current bid based on the existing terms, conditions and pricing structure set forth in the original bid award or as amended; and

WHEREAS, the extension of this contract supports Vision 1, Strategy 13 by providing a sound, financially responsible, and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby authorize the final twelve month extension of2009-025-41 09 Annual Contract for Commercial Carpet Cleaning and Related Services as awarded to Park Cities Resources, LP" effective March 17,20 II through March 16,2012, and authorizes all County documents/payments to reflect accordingly,

DONE IN OPEN COURT this the _____ 1"'8-=th ~~ January --,,~f--~ 201 I

~ ,~ ."""-"=-" 01;<",,,, d Mike C."rell, D'"",W

~dL Clay

Dr, Elba Garcia, District #4

COURT ORDER

2 I,J" l' 1 1··~ I!\ ORDER NO: _'_-____ U 'c

/)7 DATE: January 18, 2011

STATE OF TEXAS

COUNTY OF DALLAS


___ , _____ 1_8_th _______ day of ____ J_a_n_u_a_ry'--___________ , 2011, on

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

_Dr_,_E_1""b-.-a_Gar_c_i __ a""'.c..c.C-,-0;c:IDInl=· 8.:..8,;.,1_' 0_n_e_r___.o_f_D1=· s:...,t"'r"'i:..c_t_N..:,0_,_4 ____ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on January 18, 2011 concerning the final extension of Bid No. 2009-052-4272 Annual Contract for Promotional Items as awarded to Authentic Promotions; and

WHEREAS, Authentic Promotions has agreed to extend the contract for an additional twelve month period; and

WHEREAS, the term ofthis contract is March 31, 2011 through March 30, 2012; and

WHEREAS, this action supports Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the final twelve (12) month extension of Bid No. 2009-052-4272 Annual Contract for Promotional Items as awarded to Authentic Promotions, effective March 31,2011 through March 30, 2012 and authorizes all county documents and payments to reflect accordingly. /~-

/

DONE IN OPEN COQRT this the 18th dayof ___ ~~~ __ _

ll, District #2

COURT ORDER

')'011 ORDER NO: "" -'L ------


STATE OF TEXAS §

COUNTY OF DALLAS §

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

____ -'1::..:8::..:t::.:.h'--______ day of _____ -'J"'a"'n"'u""a"'ryL-__________ , 20 ll, on

a motion made by __ J_o_lm_W_l_·l_e~y'__P_r_i_c_e.'-, _C_o_mrrn_·_s_s_i_o_n_e_r_o_f_D_i_s-,t_r_i_c_t_N_o_. _3 ____ , and seconded by

_Dr_. _E_1_b_a_G_arccc",l::,:' a"",---,C,-,o",mrrn=·",s",sl:::.· o.:..:n:::.e::.;:r:c......:0c::f'--'CD.:::i"'st::::r::..:l::..:· c::..:t=-::Nc:;o:...:.--.:4 ____ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on January 18,2011 conccming the extension of Bid No. 2010-027-4293 Annual Contract for Polygraph Services as awarded to Ruiz Protective Services, Inc.; and

WHEREAS, the COUli concurred with the recommendation to extend this annual contract; and

WHEREAS, the term of this contract is March 19,2011 through March 18,2012; and

WHEREAS, the extension of this contract suppOlis Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible and accountable govemance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the first extension of Bid No. 2010-027-4293 Annual Contract for Polygraph Services with Ruiz Protective Services, Inc. for the period March 19,2011 through March 18,2012 and anthorizes all County documents/payments to reflect accordingly.

DONE IN OPEN C T this the __ 1_8_t_h __ day of ____ J-+_u_ar~y'--____ ~~_

/'

Clay,-"".w, M," . C Did;::;;""i"," Mike C,,"eU, Di

...----;::::::-~~ ~ L Dr. Elba Garcia, District #4

Recommended ~ ~"",\""';/-r-;~"",,"ko=::: ______ _ ~ S. Boles, Purchasmg Agent/gt

COURT ORDER

2011 lStt ORDER NO: ____ _


STATE OF TEXAS §

COUNTY OF DALLAS §


______ l_S_t_h _______ day of ____ J_a_n_u_a_r"-y ___________ , 2011, on

a motion made by Jolm Wiley Price, Commi ssj ouer of Dj stri ct No 3 , and seconded by

_Dr-=-"---,,-E=l:::.ba=--G::.:,a=r:..::c:::i:.::a:2.,-=C.:::ol1llTI=l:::' s:..:s:::i:.:o:.:.n:::e=r--,,-o=-f-,D::.:l:::' s:..:t:.:r",i",c",t'-..::N",-o.:., _4-'-___ , the fo llowing Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on January 18,2011 concerning the extension of Bid No. 2010-032-4935 Annual Contract for the Purchase of Commercially Prepared Media and Reagents with Fisher Scientific, Inc.; and

WHEREAS, the Court concurred with the recommendation to extend this annual contract; and

WHEREAS, the term of this contract is April 1, 2011 through March 31, 2012; and

WHEREAS, the extension ofthis contract supports Vision 1, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the extension of Bid No. 2010-032-4935 Annual Contract for the Purchase of Commercially Prepared Media and Reagents with Fisher Scientific, Inc., for the period April 1, 2011 through March 31, 2012 and authorizes all County documents/payments to reflect accordingly.

DONE IN OPEN COU T, this the ___ lS_t_h_

Mike Cantrell, D' trict #2

iley Pric, istrict #3 Dr. Elba Garcia, District #4

Rre"~~~.L~'£' LiI;da S. Boles, Purchasing Agentlgt

ORDERNO: 2011 137 ------

DATE: January IS, 2011

STATE OF TEXAS COUNTY OF DALLAS

COURT ORDER

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

____ --=l"'S-=tl:.:.l ________ day of ____ -'J:.:a=.n:::ua=ryL-__________ , 2011, on

a motioll made by ___ J_ol_ID_W_l_'l_e_Y,--P_r_l_' c_e_,,--C_o_rnnll_·_s_s_i_o_TI_e_r_o_f_D_i_s_t_r_i_c_t_N_o_._3 ____ , and seconded by

-'CDc::r:":',-=E:::l:::b:::a=-::G:::a:::r:::c:::i:::aL, _C,,-o:::rnnll=::::' S:::S:::l",' 0::.:TI"'e:::r::...,.:o:::f=--:D::..:i:::s::..:t:.:r:..:i:::c:..:t:...::cN"'0e,:.---'4 ____ , the following Court Order was adopted:

WHEREAS, the Dallas County Commissioners Court on September 28,2010, with Court Order No. 2010-1587, awarded Bid No. 2010-074-5168 Annual Contract for the Purchase of Paper Towels, Toilet Paper, Seat Covers, Trash Bags and Related items to AmSan, Jamestown and Olmstead Kirk Equipment Supply; and

WHEREAS, the Purchasing Department received documentation (taxpayer identification) that AmSan, is a subsidiary branch of Interline Brands, Inc.; and

WHEREAS, as a result and for tax purposes, the Purchasing Department reqnests that the items awarded to AmSan reflect the name Interline Brands. Inc. d.b.a AmSan; and

WHEREAS, this action supports Vision I, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby recognize and authorize that all future documents, cOll'espondenee and payments with respect to items awarded to AmSan under Bid No. 20 I 0-074-5168 Annual Contract for the Purchase of Paper Towels, Toilet Paper, Seat Covers, Trash Bags and Related to now reflect the name Interline Brands, Inc. d.b.a. AmSan.

DONE IN OPEN COUR this the __ 1_S_tl_1 __ day of ___ J_a_TI_u_a+ ____ ---:""7"_

tk~:;:'i~1 Mike C,"~II' DiM""' #2

-~",,&: Maur

Recommend

,) t)'ff 1 "'" JL ORDER NO:, ____ _

COURT ORDER

DATE: January 18, 2011 ,')1" -STATE OF TEXAS §

COUNTY OF DALLAS §


18th d f January 2011 ___________________________ ayo ______________ ~ __________________ , ,

on a motion made by Jolm Wiley Price, Commissioner of District No, 3 , and seconded by

~D""r~,-""E"l"'b"'a'_'dG"'a"'r"'c"'i"'a"_,_'C"o"'mm"""i'_'s"'s~i"o"'n"'e"'r'_'o",f=-D",:L",' ",s",tr"-:L,,,' "c"t_N",r ",0-,-,---,4,-_, tI,e following Court Order was adopted:

WHEREAS, on January 18, 2011, the Commissioners Court was briefed on the recommendation ofthe Evaluation Committee to enter into contract negotiations with The Visiting Nurse Association as the suseeptible firm for award consideration and contract negotiations with respect to RFP No. 2011-017 -5317 Request for Proposals to Provide Food Serviees to the Health and Human Services Older Adult Services Program; and

WHEREAS, in the event the County cannot reach an agreement with the selected firm, the County may formally end negotiations with this vendor and enter into negotiations with the next most highly ranked firm until the County has successively negotiated a contract; and

WHEREAS, the insurance requirements for this RFP stipulate that prior to the execution ofthe awardlissuance of a contract, the Purchasing Agent requires the Proposer(s) to submit verification of insurance coverage showing Dallas County as the certificate holder and additional insured(s) with all dates iuclusive of that of the awarded contract; and

WHEREAS, this RFP supports Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize staff to enter into contract negotiations with the highest ranked firm, The Visiting Nurse Association for RFP No. 2011-017-5317 Request for Proposals to Provide Food Services to the Health and Human Services Older Adult Services Program and the amendment of Dallas County's standard insurance requirement clause as noted,

DONE IN OPEN COU


COURT ORDER

2011 13~) ORDER NO: _____ _

J DATE: January lS, 2011

STATE OF TEXAS §

COUNTY OF DALLAS §


____________ lS_t_h ___________ day ______ J_a_n_u_ar-'y'--_________ , 2011,

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

_D_r_,_E_1_b_a_G_a_r_c_i_a..:.,_C_o_IIlffil_·_s_s_i_on_e_r_o_f_D_l_' s_t_r_l_' c_t_N_o_,_4 __ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on January 11, 2011 concerning the issnance of Request for Proposals for Agenda Management System; and

WHEREAS, the evaluation team will be comprised of representatives from the following departments: Commissioners Court (2), County Clerk (2), Infom1ation Technology, Office of Budget & Evaluation and Communications (Records Manager) with the M/WBE Coordinator solely scoring the M/WBE participation forn1s; and


IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Purchasing Department to solicit Request for Proposals for Agenda Management System in accordance with State and Local Government Code 262.030. ~

___ 1_8~t~h ____ daYOf _______ jTaa=nn=uu=aa=rvry~ _____ ~~ __ ~.~

Clay


COURT ORDER

2011 l' ,11 0 --"1.{ .

ORDER NO: ____ _


STATE OF TEXAS §

COUNTY OF DALLAS §


18th _______________ day _____ Jan_u_a_r-=y ___________ , 20ll,

on a motion made by John Wiley Price, Connnissioner of District No, 3 , and seconded by

_Dr __ , _E_1_b_a_G_a_r_c_l_' a-c,,-C_o_lllllU_'_s_s_i_o_n_e_r_o_f_D_i_s_t_r_i_c_t_N_o_, _4 ___ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on January 11,2011 concerning tbe issuance of Request for Proposals for Collection Services for Justice oftbe Peace Courts; and

WHEREAS, the evaluation team will be comprised of representatives from the following departments: Commissioners Court, InfoDnation Technology, Office of Budget & Evaluation and County Auditor with the M/WBE Coordinator solely scoring the M/WBE participation forms; and


IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Purchasing Department to solicit Request for Proposals for Collection Services for Justice of the Peace Courts in accordance with State and Local Government Cod~,030.

/'-_th_iS the __ ..:c1

.cc8

.:cth",-__ day of ___ -=F~'--__ ~,

~~~~~~~~-~

Mike C,mtrel istrict #2

I

Reco end

2011 141 ORDER NO.

DATE: Jantmy 18, 2011

STATE OF TEXAS §

COUNTY OF DALLAS §

COURT ORDER

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

the 18th day of January 2011 on motion made by

Jolm Wi] ey PriceJomrni ssj oner of Di stri ct No.3, and seconded by

_Dr. Elba Garcia, Commissioner of District No.4, the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 11,2011; and

WHEREAS, Court Order 2004-630 dated April 6, 2004 adopted the current Tax Foreclosure Resale Policy (the "Policy") used by the Public Works Department for disposing of delinquent tax properties struck off to Dallas County at the Sheriff s Sale; and

WHEREAS, pursuant to recent clarifications of Sections 34.05 and 34(1) of the Property Tax Code, by the Texas Legislature/Court of Appeals regarding post judgment taxes, penalties and interest at a resale it is necessary to adopt attaehed Amendment No. 1 for inclusion in the Dallas County Code, Section 62-127; and

WHEREAS, the Commissioners Court desires to amend the Offer/Bid Purchase Agreements and conveyance documents to incorporate language advancing awareness of Purchaser)s responsibility to pay post judgment taxes, penalties and costs associated with the purchase of struck off property; and

WHEREAS, this is consistent with Vision 5 (Dallas County is a destination of choice for residents and businesses and a driver of economic development) of the County's Strategic Plan to return these tax exempt properties to the tax roll, thereby increasing tax revenue.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioners Court of Dallas County, Texas, approves Amendment No.1 to the Tax Foreclosure Resale Policy adopted by COUli Order 2004-630 dated April 6, 2004, and authorizes the inclusion of said Amendment No. 1 in the Dallas County Code, Section 62-127. '

DONE IN OPEN C T, this the __ 1_8,tl,1 __ day of __ +----''--

Re ol11mended by:

r\VPAEKARJkaclk '>{v C:!MyDoc/dtaX:JP&P/PolicyAmdl 1l-2010,CO

Attachment

cc: Gordon Hikel, Civil District Attorney's Office John R Ames, CTA, Tax Assessor Collector Sheila Fugua Calter, Partner, Linebarger. Goggan, Blair & Sampson, LLP DeMetris Sampson, Linebarger, Goggan, Blalr & Sampson, LLP

(Ord. No. 2004-630,4-6-2004)

Sec. 62-127. Conveyance document. (a) The county will execute a quitclaim deed which will contain an acknowledgment that the property is subject to the prior owners' right of redemption, if any, and that the property is being purchased "as is, where is" and "with all faults" and the county has no responsibility for the condition of the property. All sales are "as is" to the successful bidder on a buyer beware basis.

A sample quitclaim deed is attached hereto as attachment 1. (b) A modified quitclaim deed will be used to comply with the procedures and restrictions of Civil Order No. 5281, styled United States v. Texas, Civil Order No. 5281 (ED. Tex., August 9 and 15,1973), either as a: (1) reverter, or (2) deed restriction, when the school district's consent, required under V.TC.A., Tax Code § 34.05(i), is conditioned on county, as trustee, complying with the procedures and restrictive covenants of said orders.

A sample qUitclaim deed is attached hereto as attachment 1-1. (Ord. No. 2004-630, 4-6-2004)

EXHIBIT A BID AND PURCHASE AGREEMENT INSTRUCTIONS FOR BID

NO. XXXX-XXX-XXX You must submit a completed bid or it may be disqualified.

(1) Do not enter vacant structures. (2) Read carefully the general conditions for bids. (3) Attach the deposit (cashier's check/money order) to the bid form. (4) Compiete all the following: a. Sign the bid; b. Sign attachment 2--No Title-Policy Statement; c. Sign attachment 3--No Conflict of Interest Statement; d. Sign and Notarize attachment 4--Affldavit. (5) Submit your bids for each property in a separate sealed envelope to: Purchasing Department, 509 Main Street, 6th Floor, Room 623, Dallas, Texas 75202, with the following typed on the exterior: For: Tax Sale-Bid No. xxxx-xxx-xxx Address: __ ---,,_ To Be Opened: (Date) ___ _ At: (time ) Be sure all envelopes have the address of the property bid on! (6) All bids must be received at the Purchasing Department, 509 Main Street, 6th Floor, Room 623, Dallas, Texas 75202, no later than 2:00 p.m. on (bid opening date} (7) The bidder need not be present at the bid opening. (8) All sales are subject to and conditioned upon approval by the county commissioners court, and each taxing unit entitled to receive proceeds of the sale under the judgment.

COUNTY OF DALLAS BID AND PURCHASE AGREEMENT

BID NO. XXXX-XXX-XXX Bids will be received until 2:00 p.m on (date)

To: Dallas County Purchasing Department 509 Main Street, 6th Floor, Room 623 Dallas, Texas 75202

Conveyance Document Page 1 of 19

I, .,--:;-...,.,--,-_-.,-----:-; hereafter called "bidder," hereby submit this bid for the purchase -eh 'b of t e fol owing descn ed property:

Address:

Legal Description: (Lot, Block, Addition and/or Abstract No.)

Bid Amount:

Deposit Amount:

The bidder understands and agrees that on all bids .of $20,000.00 or less, the bidder IS

required to include a deposit in the form of a cashier's check or money order payable to the county in the amount of $1,000.00 or the purchase price, whichever is less. For bid amounts greater than $20,000.00, the bidder must include a cashier's check or money order payable to the county for the required ten percent of the bid amount. Cash money will not be accepted.

CONDITIONS OF BID AND ACCEPTANCE; READ CARE FULL Y.

(1) The land and/or improvements described above shall hereafter be referred to as "the property." (2) The bidder understands that the county hereafter called "the seller" acquired the property through a tax foreclosure sale. (3) The bidder understands and agrees that immediately upon acceptance of this bid by the seller, this bid becomes a binding and enforceable contract upon the bidder, his heirs, assigns, successors in interest, executors and administrators, provided that such acceptance occurs before the seller receives any written revocation signed by the bidder and sent to the seller by certified or registered mail. (4) Acceptance by the seller shall occur immediately upon the county commissioners court issuing an order accepting the bidder's bid, whether or not the bidder had knowledge of the acceptance and whether or not any other taxing units have given their approval to the sale prior to the seller's acceptance. (5) The bidder contracts and agrees that it is his sole obligation to make all inspections deemed necessary by the bidder prior to the submission of this bid. Such inspections shall include, but not be limited to, all matters of title, zoning, building codes, ordinances, deed restrictions, easements, rights-of-way, encroachments, conditions and reservations, mineral reservations, judgments, code enforcement liens, demolition liens, tax consequences, physical or environmental conditions, availability of access, ingress or egress, operating history or projection, valuation, governmental approvals, governmental regulations, or any other matter or thing relating to or affecting the property including, without limitations: a. The value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the property; b. The manner or quality of the construction or materials incorporated into any of the property; and c. The type, manner and quality of the land, soil condition, hazardous or other governmental regulated materials in or upon the land, buildings, structures and the state of repair, or lack of repair, of the property. (6) The bidder contracts and agrees that with respect to the property, the bidder has not relied upon and will not rely upon, either directly or indirectly, any oral contracts, representations or warranties of the seller, or any agent or affiliate of the seller, if any, and that no such contract, representations or warranties have been made. The bidder

--Convevance Document Page 2 of 19

represents and warrants that the bidder is a knowledgeable bidder of real property and is relying solely on the bidder's own expertise and that of the bidder's consultants and that the bidder has conducted such inspections and investigations of the property as the bidder deems necessary including, but not limited to, the physical and environmental conditions thereof. The bidder contracts and represents that he shall rely solely upon what he, through his own investigations, tests and research has learned. (7) At the closing, the bidder does and shall assume all risks that adverse matters including, but not limited to, adverse physical and environmental conditions or ownership and title issues may not have been revealed by the bidder's inspections and investigations. The bidder acknowledges and agrees that the property is sold and

the bidder "as is and with all

understands that he is the pro rata (current year) property taxes from the date of closing through all future years so long as the bidder owns the property. (9) The bidder further understands and agrees that the seller acquired the property by a tax foreclosure sale and that he is familiar with the legal issues that are involved in that type of real estate sale, including the subsequent resale to him and of the risks and limitations of such sales. The bidder represents that he is equally as knowledgeable as the seller is in these matters. (10) a. The bidder agrees to accept a quitclaim deed to the property. The bidder understands that there are no warranties or guarantees associated with a quitclaim deed and that such deed conveys only what interest the seller has acquired in the property, if any. The bidder understands and agrees that the quitclaim deed(s) to these properties will contain an acknowledgment that the property is subject to the prior owner's right of redemption, if any. A sample copy of the quitclaim deed is attached hereto as attachment 1. b. The bidder agrees to accept a modified quitclaim deed to the property if the school districts consent required under Section 34.05(i) of the Tax Code, is conditioned on the County, as Trustee, complying with the procedures and restrictive covenants required by United States vs. State of Texas, Civil Order No. 5281 (E.D. Tex, August 9 and 15, 1973) or the September 10, 1990 Order, said restrictive covenants, either as a: (1) reverter, or (2) deed restriction, is attached hereto as attachment 1-1. (11) The bidder understands and agrees that he is solely responsible and obligated for any and all outstanding liens, pending or subsequent code enforcement actions, current and subsequent notices of nuisance or hazardous or regulated material abatement, or any mitigation and of all repair or demolition orders, if any. (12) The bidder understands, contracts and agrees that the seller shall have no responsibility for or liability arising from the accuracy of any matter, fact or thing relating to the property. The seller is not obligated and will not provide or pay for a survey, plat, phase one environmental study or other related documents. However, the bidder may do so at his sole cost and expense. (13) The bidder understands and agrees that the county will retain the top three highest bid deposits submitted until an award is made by the county commissioners court and that all other bid deposits will be returned at the bid opening or upon request of the unsuccessful bidder. The seller's responsibility to return the deposit to the bidder shall extend only to depositing it in the U. S. mail on or before 30 days from the date the proposal is rejected.


(14) Within 30 days of notification of acceptance of the bidder's bid by the county commissioners court, the bidder shall close on the property by paying the balance of the purchase price to the county by cashier's check or money order, unless such time period is reduced or extended by a written agreement of the undersigned and the seller. The bidder understands and agrees that if the bidder is unable or refuses to timely ciose on the property and accept a quitclaim deed for any reason Whatsoever, except through fault of the seller, this contract may be terminated at the seller's sole discretion and bidder's ENTIRE deposit, shall be forfeited to the seller. (15) The bidder hereby represents to the seller that in executing this agreement he is financially capable of obtaining and has ready access to sufficient funds to pay the balance of the bid amount/purchase price in a timely manner. (16) The bidder understands and agrees that the county commissioners court has the right and reserves the right to reject any and all bids for any or no reason and that all bids are subject to the approval of each taxing unit entitled to receive proceeds from this sale which taxing units are: , , and ---,:-:-;-_..,,--__ (17) The bidder understands and agrees that the seller will not provide a title policy and the bidder agrees to sign a no title-policy statement, which is attached hereto as attachment 2. The bidder acknowledges that he may, prior to closing, purchase a title policy at his sole cost and expense. (18) The bidder understands and agrees that the seller requires all prospective bidders to sign a no conflict of interest statement, which is attached hereto as attachment 3. (19) The bidder does hereby release any and all rights, claims and causes of action at law or in equity, that he may now have or may acquire in the future against the seller, its officers, agents and employees, in connection with this bid and the subsequent sale to him, if any. (20) The bidder understands, speciiically agrees, and does hereby fully release, indemnify and hold harmless the seller from any claims, demands or causes of action arising from any misrepresentations, failures of disclosure, errors, any acts or commission or omission or any other negligent, intentional or wrongful acts or failure to act by the county, arising from or pertaining to, directly or indirectly, this bid, acceptance, sale and the subsequent closing of this transaction. (21) By submitting this bid, the bidder hereby immediately and unconditionally fully and completely releases any rights, claims, actions and causes of action he may now have or may acquire in the future, against the county, the county sheriff's department, the county sheriff in his individual capacity, and all taxing units who have an interest in this property for failure to properly advertise or conduct the tax foreclosure sale on this property wherein the county became the owner of the property through the sheriffs deed to the county, including the subsequent sale to the bidder. The bidder has been advised to check the appropriate records concerning the tax foreclosure sale before submitting this bid. (22) Upon the bidder's death or mental incapacity, occurring before the closing, this agreement shall become null, void and unenforceable and the seller shall have no further obligation to the bidder, his estate, or his legal representatives, heirs, executors or administrators. The bidder hereby waives and releases to the county any rights, claims or causes of action he may have to an award of damages or a conveyance of the property, in the event of his death or mental incapacity. (23) The bidder represents and states that he has no outstanding county judgments, tax delinquencies or fees owed to the county and has executed and notarized the appropriate affidavit to that effect which is attached hereto as attachment 4. (24) Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail,


postage fully prepaid, registered or certified mail, addressed to the intended recipient at the address shown below. Any address changes shall be effective only by receipt of a written notice sent to all parties to this contract by certified mail. (25) The bidder states that he is a ware that this property may have been declared a public nuisance and/or a public health, safety and fire hazard. The bidder agrees that it is his sole responsibility to verify the condition and status of the property and states that before signing this bid and purchase agreement he personally contacted, or caused his agents or employees to contact, the city, city/county fire marshal and the health department within whose jurisdiction this property is situated and has been made aware of any citations, restrictions, public nuisances, health, safety and fire hazards that may exist on this property. The bidder understands and agrees that any such nuisances, health, safety and fire hazards, if any, shall be the bidder's sole responsibility, obligation and expense to immediately abate. The bidder hereby releases, indemnifies, holds harmless and shall defend the seller from any and all claims, demands, causes of action, litigation expenses, attorney's fees, liabilities, warranties and guarantees associated with or arising out of the seller's conveyance of this property to the bidder and the property's status or condition and whether or not such claims, demands and causes of action arise from the negligence, intentional tort, warranties or guarantees of the seller, its officers, agents, or employees, or from the bidder, or any third party, their officers, agents and employees. (26) The bidder agrees that if the property is to be conveyed to any name other than that of the person or entity making this bid, this fact must be set out at the time of the bid and contained in the bid. Conveyance of the property shall be made and accepted, subject to any and all easements, restrictions, reservations, title exceptions, liens and other instruments of record adversely affecting the property, either directly or indirectly. (27) The seller shall have the absolute right to waive all irregularities, nonconformities and technicalities, and/or accept or reject this bid and all other bids on this property at any time for any or no reason whatsoever, and there are no implied guarantees to negotiate or sell the properties at all or even at the minimum bid amount. The seller reserves the right to withdraw this property from any sale prior to closing. (28) The bidder understands and agrees that this contract and all the terms and conditions therein shall survive the closing of the property and shall not merge into it. (29) All sales are subject to and conditioned upon approval by the county commissioners court and each taxing unit entitled to receive proceeds of the sale under h . d t t e JUJgmen.

Bidder's Signature:

Date:

Print Name:

Address:

City: State ZIP

Telephone: ( )

Fax: ( )

Please print exactly the name(s) as they should appear on the deed If different In any way from the above:

All bids must be signed by hand.


To obtain a copy of the bid documents, please cali the county purchasing department at 214-653-6573. For additional information contact Dallas County Public Works Department, 411 Elm Street, Dallas, Texas 75202. 214-653-6409; 214-653-6406 (Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS

COUNTY OF DALLAS

ATTACHMENT 1 TO EXHIBIT A

QUITCLAIM DE>=D -

KNOW ALL PERSONS BY THESE PRESENTS:

.. THAT the County of Dallas, Texas, a political subdiVISion of the State of Texas, In

its own behalf, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of ::-:----:-::"..-,-,--,_-,-' a municipal corporation, the Independent School District, and the Dallas County Education District, (hereinafter "grantors"), for and in consideration of the sum of , and other good and valuable consideration, the receipt of which is hereby acknowledged, releases, quitclaims and surrenders to the Grantee such title or interest as grantors may have, if any, by virtue of the tax foreclosure proceedings whereby it became a purchaser of the tax title under a sheriff's sale, as shown by a sheriffs deed, recorded in Volume , Page of the Deed Records of Dallas County, Texas, and by these presents and in accordance with Court Order No. , approved by the Dallas County Commissioners Court on and with the consent, approval and on behalf of all relevant taxing authorities, does hereby release, quitclaim and surrender, subject to the terms, conditions, provisions, and restrictions herein set forth, unto , grantee herein, all the rights, title and interests, if any, in and to the following described real property situated in Dallas County, Texas, to wit:

Legal Description This quitclaim is made subject to and grantee acknowledges the right of redemption as provided in VTCA, Tax Code §§ 34.05 and 34.21.

In accepting the quitclaim of the property, grantee expressly accepts the property in an "as is" condition, with all its faults, if any. Grantee releases all claims and causes of action, at law or in equity, grantee may have against grantors, their officers, agents, and employees, in connection with the advertising for and the conduct of the tax foreclosure sale. Grantee also releases grantors, their officers, agents and employees, from any and all claims and causes of action in connection with the bidding, terms, conditions, and sale of this property to grantee. This release is binding on grantee's successors, heirs, and assigns. Grantee has had an opportunity to inspect the property, and grantee is not relying on any representation or disclosures by grantors in connection with the purchase of the property. Grantee expressly assumes responsibility for any environmental, hazardous or regulated material problems on or with the and a

Salerv or fire hazards. Grantee for

the pro rata (current year) property taxes from the date of closing and for all taxes in future years while grantee owns the property. TO HAVE AND TO HOLD all of our right, title and interest in and to the above described property and premises subject to the aforesaid, unto the said grantee, his heirs, successors, and assigns forever, so that grantor's and all other relevant taxing


authorities, their legal representatives, successors and assigns shall not have, claim or demand any right, title or interest to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the day of ,A.D. --: __ APPROVED AS TO FORM: COUNTY OF DALLAS, TEXAS

By: --c------(name} Assistant District Attorney, Civil Section: ______ _

(name) County Judge

ACKNOWLEDGMENT

THE STATE OF TEXAS 0 COUNTY OF DALLAS 0 ME, the undersigned authority,

on this day personally appeared(name) , County Judge for the County of Dallas, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the County of Dallas, Texas, a political subdivision of the State of Texas, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of , , the

Independent School District, and the Dallas County Education District for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ___ _ A.D. __ _

Notary Public, State of Texas My Commission Expires

GRANTOR'S ADDRESS: RETURN TO: GRANTOR'S ADDRESS:

County of Dallas 411 Elm Street, 4th Floor Dallas, Texas 75202-3389 Attn: Director of Public Works

(Ord. No. 2004-630, 4-6-2004) ATIACHMENT 1-1 TO

EXHIBIT A QUITCLAIM DEED

Allowing the Use of a Modified Quitclaim Deed to include Restrictive Covenants Required in the Modified Order issued by the United States District Court of the Eastern District of Texas styled United States v. State of Texas, Civil Order No. 5281 (ED. Tex., August 9 and 15, 1973), or the September 10, 1990 Order which Provides an Alternative to the Earlier Modified Order, as follows: RESTRICTIVE COVENANTS SPECIFIED IN SECTION J(3) OF THE MODIFIED ORDER (Reverter)

"The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with:

Conveyance Document Page 7 of 1,9

"(a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system.

"These restrictions and conditions shall be binding upon GRANTEE, his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date hereof: and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the GRANTOR herein and its successors, this instrument shall be null and void, and GRANTOR and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act of omission upon the part of GRANTOR herein and its successors shall be a waiver of the operation or enforcement of such condition.

"The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation." Or, SUBSTITUTE RESTRICTION ATTACHED TO THE SEPTEMBER 10, 1990 ORDER (Deed Restriction)

"The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed, and complied with: (a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system.

These restrictions and conditions shall be binding upon [grantee, lessee, etc.], {name of grantee, lessee, etc.], [his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date thereof.

The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever (whether private or governmental in nature), without !'imitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successor and assigns, shall be a waiver of the operation or enforcement of such restrictions, but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed.

It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation;


(2) As to the restrictions set out in (b) above, any public school district or any person prejudiced by its violation; (3) As to either or both of the restrictions set out in (a) and (b) above, the United States of America, as plaintiff, and the American G./. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U. S. v. Texas, Civil Action No. 5281, Tyler Division, U. S. District Court, Eastern District of Texas; reported in U. S. vs. Texas, 321 F. Supp. 1043 (ED. Tex. 1970); U. S. v. Texas, 330 F. Supp. 235 (E.D. Tex. 1971); affd with modifications sub nom, U. S. v. State of Texas and J. W. Edgar, et ai., 447 F. 2d 441 (5 Cir. 1971); stay den. Sub nom. Edgar v. U. S., 404 U. S. 1206 (1971); cert den. 404 U. S. 1016 (1972).

It is further covenanted, that in case of a violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the abovedescribed realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions.

It is further covenanted, that if any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the court finds that the proceedings were necessary to bring about compliance therewith." (Ord. No. 2004-630, 4-6-2004)


NO TITLE-POLICY STATEMENT IIwe agree to the following: IIwe fully understand and acknowledge that a title policy is not being issued by any title company, nor has one been requested, and a title company has made no new title search regarding the property to this transaction, to wit:

IIwe acknowledge that a title company has made no representations as to the title of the above referenced property, and I/we fully agree that I/we will hold harmless and indemnify the County of Dallas from any defects in title of t h f e above re erenced property.

I I Signature Signature

Printed Name Printed Name

I Title Title

Date Date

(Ord. No. 2004-630, 4-6-2004)



NO CONFLICT OF INTEREST STATEMENT I/we agree to the following: 1. Neither I/we, nor my/our spouse(s), is/are a County of Dallas officer, employee, or commissioners court appointed member of any board or commission. 2. If bid is submitted on behalf of another person, partnership, corporation or other business entity, I/we swear and affirm that said other person, partnership, corporation or other business entity shall not have financial interest, direct or indirect, with a Dallas C t ff'l I rt t oumv 0 lela, employee, or a commissioners cou appoln ee.

Signature

Printed Name

Date:

(Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS )

COUNTY OF DALLAS )

Signature

Printed Name

Date:

ATTACHMENT 4 TO EXHIBIT A AFFIDAVIT

I KNOW ALL PERSONS BY THESE PRESENTS:

BEFORE ME, the undersigned authority, personally appeared ______ _ who being duly sworn according to law, upon oath deposed as follows:

THAT I have no outstanding judgments, tax delinquencies or fees owed to the

I Ccco" cf 0,11" I Sf9"'tc"

SUBSCRIBED AND SWORN TO BEFORE ME, on the day of ________ , to certify which witness my hand and official seal.

NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS

(Print or Type Name)

Commission expires:

(Ord. No. 2004-630, 4-6-2004)


I

EXHIBIT B. COUNTY OFFER AND PURCHASE AGREEMENT

Th f II e 0 oWing IS th t' ff d e counws 0 er an pure h ase agreemen :

! To: I Director of Public Works

County of Dallas

I Elm Street, 4th Floor

Dallas, Texas 75202-3389

I, -,..---;-c-:-:7-' hereafter called the "purchaser," hereby submit this offer for the f purchase 0 the following des err bed property:

Address:

. Legal description: (Lot, block, addition and or abstract no.)

Purchase amount: $

Deposit amount: $ The purchaser understands and agrees that on all offers of $20,000.00 or less, the purchaser is required to include a deposit in the form of a cashier's check or money order payable to the County of Dallas in the amount of $1,000.00 or the purchase amount, whichever is less. For offer amounts greater than $20,000.00, the purchaser must submit a deposit in the form of a cashier's check or money order payable to the County of Dallas for ten percent of the purchase price. Cash money will not be accepted.

CONDITIONS OF OFFER AND ACCEPTANCE READ CAREFULLY

(1) The land and/or improvements described above shall hereinafter be referred to as "the property." (2) The purchaser understands that the county, hereafter called "the seller" acquired the property through a tax foreclosure sale. (3) The purchaser understands and agrees that immediately upon acceptance of this offer by the seller, this offer becomes a binding and enforceable contract upon the purchaser, his heirs, assigns, successors in interest, executors and administrators, provided that such acceptance occurs before the seller receives any written revocation signed by the purchaser and sent to the seller by certified or registered mail. (4) Acceptance by the seller shall occur immediately upon the commissioners court issuing an order accepting the purchasers offer, whether or not the purchaser had knowledge of the acceptance and whether or not any other taxing units have given their approval to the sale prior to the sellers acceptance. (5) The purchaser contracts and agrees that it is his sole obligation to make all inspections deemed necessary by the purchaser prior to the submission of this offer. Such inspections shall include, but not be limited to, all matters of title, zoning, building codes, ordinances, deed restrictions, easements, rights-of-way, encroachments, conditions and reservations, mineral reservations, judgments, code enforcement liens, demolition liens, tax consequences, physical or environmental conditions, availability of access, ingress or egress, operating history or projection, valuation, governmental approvals, governmental regulations, or any other matter or thing relating to or affecting the property including, without limitations, (1) the value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the


property; (2) the manner or quality of the construction or materials incorporated into any of the property; and (3) the type, manner and quality of the land, soil condition, hazardous or other governmental regulated materials in or upon the land, buildings, structures and the state of repair, or lack of repair, of the property. (6) The purchaser contracts and agrees that with respect to the property, the purchaser has not relied upon and will not rely upon, either directly or indirectly, any oral contracts, representations or warranties of the seller, or any agent or affiliate of the seller, if any, and that no such contract, representations or warranties have been made. The purchaser represents and warrants that the purchaser is a knowledgeable purchaser of real property and is relying solely on the purchaser's own expertise and that of the purchaser's consultants and that the purchaser has conducted such inspections and investigations of the property as the purchaser deems necessary including, but not limited to, the physical and environmental conditions thereof. The purchaser contracts and represents that he shall rely solely upon what he, through his own investigations, tests and research has learned. (7) At the closing, the purchaser does and shall assume all risks that adverse matters including, but not limited to, adverse physical and environmental conditions or ownership and title issues may not have been revealed by the purchaser's inspections and investigations. The purchaser acknowledges and agrees that the property is sold and conveyed by the seller and accepted by the purchaser, "as is, where is, and with all faults."

nds that he is responsible for pro rata (current year) property taxes from the date of closing through all

years so long as the purchaser owns the property. (9) The purchaser further understands and agrees that the seller acquired the property by a tax foreclosure sale and that he is familiar with the legal issues that are involved in that type of real estate sale including the subsequent resale to him and of the risks and limitations of such sales. The purchaser represents that he is equally as knowledgeable as the seller is in these matters. (10) a. The purchaser agrees to accept a quitclaim deed to the property. The purchaser understands that there are no warranfles or guarantees associated with a quitclaim deed and that such deed conveys only what interest the seller has acquired in the property, if any. The purchaser understands and agrees that the quitclaim deeds to these properties will contain an acknowledgment that the property is subject to the prior owner's right of redemption, if any. A sample copy of the quitclaim deed is attached hereto as attachment 1. b. The purchaser agrees to accept a modified quitclaim deed to the property if the school districts consent required under Section 34.05(i) of the Tax Code, is conditioned on the County, as Trustee, complying with the procedures and restrictive covenants required by United States vs. State of Texas, Civil Order No. 5281 (E.D. Tex, August 9 and 15, 1973) or the September 10, 1990 Order, said restrictive covenants, either as a: (1) reverter, or (2) deed restriction, is attached hereto as attachment 1-1. (11) The purchaser understands and agrees that he is solely responsible and obligated for any and all outstanding liens, pending or subsequent code enforcement actions, current and subsequent notices of nuisance or hazardous or regulated material abatement or any mitigation and of all repair or demolition orders, if any. (12) The purchaser understands, contracts and agrees that the seller shall have no responsibility for or liability ariSing from the accuracy of any matter, fact or thing relating


to the property. The seller is not obligated and will not provide or pay for a survey, plat, phase one environmental study or other related documents. However, the purchaser may do so at his sole cost and expense. (13) Within 30 days of notification of acceptance of the purchaser's offer by the commissioners court, the purchaser shall close on the property by paying the balance of the purchase price to the county by cashier's check or money order, unless such time period is reduced or extended by a written agreement of the undersigned and the seller. The purchaser understands and agrees that if the purchaser is unable or refuses to timely close on the property and accept a quitclaim deed for any reason whatsoever, except through fault of the seller, this contract may be terminated at the seller's sole discretion and the purchaser's ENTIRE deposit shall be forfeited to County. (14) The purchaser hereby represents to the seller that in executing this agreement he is financially capable of obtaining and has ready access to sufficient funds to pay the balance of the purchase price in a timely manner. (15) The purchaser understands and agrees that the commissioners court has the right and reserves the right to reject any and all offers of purchase for any or no reason and that all offers are subject to the approval of each taxing unit entitled to receive proceeds from this sale which taxing units are: ___ -,-. (16) The purchaser understands and agrees that the seller will not provide a title policy and the purchaser agrees to sign a no title-policy statement, which is attached hereto as attachment 2. The purchaser acknowledges that he may, prior to closing, purchase a title policy at his sole cost and expense. (17) The purchaser understands and agrees that the seller requires all prospective purchasers to sign a no conflict of interest statement, which is attached hereto as attachment 3. ('18) The purchaser does hereby release any and all rights, claims and causes of action at law or in equity, that he may now have or may acquire in the future against the seller, its officers, agents, and employees, in connection with this offer and the subsequent sale to him, if any. (19) The purchaser understands, specifically agrees, and does hereby fully release, indemnify and hold harmless the seller from any claims, demands or causes of action arising from any misrepresentations, failures of disclosure, errors, any acts or commission or omission or any other negligent, intentional or wrongful acts or failure to act by the county, arising from or pertaining to, directly or indirectly, this offer, acceptance, sale, and the subsequent closing of this transaction. (20) By submitting this offer, the purchaser hereby immediately and unconditionally fully and completely releases any rights, claims, actions and causes of action he may now have or may acquire in the future, against the county, the county sheriffs department, the county sheriff in his individual capacity, and all taxing units who have an interest in this property for failure to properly advertise or conduct the tax foreclosure sale on this property wherein the county became the owner of the property through the sheriffs deed to the county, including the subsequent sale to the purchaser. The purchaser has been advised to check the appropriate records concerning the tax foreclosure sale before submitting this offer. (21) Upon the purchaser's death or mental incapacity, occurring before the closing, this agreement shall become nUll, void and unenforceable, and the seller shall have no further obligation to the purchaser, his estate, or his legal representatives, heirs, executors or administrators. The purchaser hereby waives and releases to the county any rights, claims, or causes of action he may have to an award of damages or a conveyance of the property, in the event of his death or mental incapacity.


(22) The purchaser represents and states that he has no outstanding county judgments, tax delinquencies or fees owed to the county and has executed and notarized the appropriate affidavit to that effect which is attached hereto as attachment 4. (23) Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, addressed to the intended recipient at the address shown below. Any address changes shall be effective only by receipt of a written notice sent to all parties to this contract by certified mail. (24) The purchaser states that he is aware that this property may have been declared a public nuisance and/or a public health, safety and fire hazard. The purchaser agrees that it is his sole responsibility to verify the condition and status of the property and states that before signing this offer and purchase agreement he personally contacted, or caused his agents or employees to contact, the city, city/county fire marshal and the health department within whose jurisdiction this property is situated and has been made aware of any citations, restrictions, public nuisances, health, safety and fire hazards that may exist on this property. The purchaser understands and agrees that any such nuisances, health, safety and fire hazards, if any, shall be the purchaser's sole responsibility, obligation and expense to immediately abate. The purchaser hereby releases, indemnifies, holds harmless and shall defend the seller from any and all claims, demands, causes of action, litigation expenses, attorney's fees, liabilities, warranties and guarantees associated with or ariSing out of the seller's conveyance of this property to the purchaser and the property's status or condition and whether or not such claims, demands and causes of action arise from the negligence, intentional tort, warranties or guarantees of the seller, its officers, agents or employees, or from the purchaser, or any third party, their officers, agents and employees. (25) The purchaser agrees that if the property is to be conveyed to any name other than that of the person or entity making this offer, this fact must be set out at the time of the offer and contained in the offer. Conveyance of the property shall be made and accepted subject to any and all easements, restrictions, reservations, title exceptions, liens and other instruments of record adversely affecting the property either directly or indirectly. (26) The seller shall have the absolute right to accept or reject this offer and all other offers on this property at any time for any or no reason whatsoever, and there are no implied guarantees to negotiate or sell the properties at all. The seller reserves the right to withdraw this property from any sale prior to closing. (27) The purchaser understands and agrees that this contract and all the terms and conditions therein shall survive the closing of the property and shall not merge into it. (28) All sales are subject to and conditioned upon approval by the commissioners court, and each taxing unit is entitled to receive proceeds of the sale under the judgment.

Purchaser'S Signature:

Print Name:

Date:

Address:

City:

Telephone: ( )


I Fax: ( )

Please print exactly the name(s) as they should appear on the deed if different in any way from the above:

All offers must be signed by hand. (Ord. No. 2004-630. 4-6-2004)

THE STATE OF TEXAS

ATIACHMENT 1 TO EXHIBIT B

QUITCLAIM DEED


COUNTY OF DALLAS ..

THAT the County of Dallas, Texas, a political subdivIsion of the State of Texas, In ItS own behalf, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of ---,-"..,.--c---,-' a municipal corporation, the Independent School District, and the Dallas County Education District, (hereinafter "grantors"), for and in consideration of the sum of and other good and valuable consideration, the receipt of which is hereby acknowledged, releases, quitclaims and surrenders to the grantee such title or interest as grantors may have, if any, by virtue of the tax foreclosure proceedings whereby it became a purchaser of the tax title under a sheriffs sale, as shown by a sheriff's deed, recorded in Volume , Page , of the Deed Records of Dallas County, Texas, and by these presents and in accordance with Court Order No. , approved by the Dallas County Commissioners Court on

and with the consent, approval and on behalf of all relevant taxing authorities, does hereby release, quitclaim and surrender, subject to the terms, conditions, provisions, and restrictions herein set forth, unto , grantee herein, all the rights, title and interests, if any, in and to the following described real property situated in Dallas County, Texas, to wit:

Legal Description This quitclaim is made subject to and grantee acknowledges the right of redemption as provided in V.T.C.A., Tax Code §§ 34.05 and 34.21. In accepting the quitclaim of the property, grantee expressly accepts the property in an "as is" condition, with all its faults, if any. Grantee releases all claims and causes of action, at law or in equity, grantee may have against grantors, their officers, agents, and employees, in connection with the advertising for and the conduct of the tax foreclosure sale. Grantee also releases grantors, their officers, agents and employees, from any and all claims and causes of action in connection with the bidding, terms, conditions, and sale of this property to grantee. This release is binding on grantee's successors, heirs, and assigns. Grantee has had an opportunity to inspect the property, and grantee is not relying on any representation or disclosures by grantors in connection with the purchase of the property. Grantee expressly assumes responsibility for any environmental, hazardous or regulated mater'ial problems on or

liable for pro rata (current year) property taxes from the date of

closing and for all taxes in future years while grantee owns the property.


TO HAVE AND TO HOLD all of our right, title and interest in and to the above described property and premises subject to the aforesaid, unto the said grantee, his heirs, successors, and assigns forever, so that grantor's and all other relevant taxing authorities, their legal representatives, successors and assigns shall not have, claim or demand any right, title or interest to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the day of , A.D. APPROVED AS TO FORM COUNTY OF DALLAS, TEX":"CA-=S--By: _____ _

(name) Assistant District Attorney, Civil Section: ______ _ (name) County Judge

ACKNOWLEDGMENT

THE STATE OF TEXAS 0 COUNTY OF DALLAS 0

ME, the undersigned authority,

on thiS day personally appeared(name) , County Judge for the County of Dallas, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the County of Dallas, Texas, a political subdivision of the State of Texas, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of , the Independent School District, and the Dallas County Education District for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ___ _ A.D. ___ _

Notary Public, State of Texas My Commission Expires ---=-=:-=-:-:-. GRANTOR'S ADDRESS RETURN TO: County of Dallas 411 Elm Street, 4th Floor Dallas, Texas 75202-3389 Attn: Director of Public Works (Ord. No. 2004-630, 4-6-2004)

ATTACHMENT 1-1 TO EXHIBIT B

QUITCLAIM DEED Allowing the Use of a Modified Quitclaim Deed to include Restrictive Covenants Required in the Modified Order issued by the United States District Court of the Eastern District of Texas styled United States v. State of Texas, Civil Order No. 5281 (ED. Tex., August 9 and 15, 1973), or the September 10, 1990 Order which Provides an Alternative to the Earlier Modified Order, as follows: RESTRICTIVE COVENANTS SPECIFIED IN SECTION J(3) OF THE MODIFIED ORDER (Reverter) "The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with:

Conveyance Document Page 16 of 1 9

"(a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise, (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system,

"These restrictions and conditions shall be binding upon GRANTEE, his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date hereof: and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the GRANTOR herein and its successors, this instrument shall be null and void, and GRANTOR and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act of omission upon the part of GRANTOR herein and its successors shall be a waiver of the operation or enforcement of such condition,

"The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation, The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation," Or, SUBSTITUTE RESTRICTION ATTACHED TO THE SEPTEMBER 10, 1990 ORDER (Deed Restriction)

"The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed, and complied with: (a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise, (b) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system,

These restrictions and conditions shall be binding upon [grantee, lessee, etc,], {name of grantee, lessee, etc,], [his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date thereof.

The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereOf, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, Club, governmental body, or other organization or entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successor and assigns, shall be a waiver of the operation or enforcement of such restrictions, but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed,

It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation;


(2) As to the restrictions set out in (b) above, any public school district or any person prejudiced by its violation; (3) As to either or both of the restrictions set out in (a) and (b) above, the United States of America, as plaintiff, and the American G.1. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U. S. v. Texas, Civil Action No. 5281, Tyler Division, U. S. District Court, Eastern District of Texas; reported in U. S. vs. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); u. S. v. Texas, 330 F. Supp. 235 (E.D. Tex. 1971); aff'd with modifications sub nom, U. S. v. State of Texas and J. W. Edgar, et aI., 447 F. 2d 441 (5 Cir. 1971); stay den. Sub nom. Edgar V. U. S., 404 U.S. 1206 (1971); cert den. 404 U. S. 1016 (1972).

It is further covenanted, that in case of a violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the abovedescribed realty; (8) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions.

It is further covenanted, that if any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party benefiCiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the court finds that the proceedings were necessary to bring about compliance therewith. (Ord. No. 2004-630, 4-6-2004)

ATTACHMENT 2 TO EXHIBIT B

NO TITLE-POLICY STATEMENT I/we agree to the following:

IIwe fully understand and acknowledge that a title policy is not being issued by any title company, nor has one been requested, and a title company has made no new title search regarding the property to this transaction, to wit:

I/we acknowledge that a title company has made no representations as to the title of the above referenced property, and I/we fully agree that IIwe will hold harmless and indemnify the County of Dallas from any defects in title of the above referenced

rt prope ty.

Signature Signature


Title Title

Date Date

(Ord. No. 2004-630, 4-6-2004)


I

ATTACHMENT 3 TO EXHIBIT B

NO CONFLICT OF INTEREST STATEMENT IIwe agree to the following:

1. Neither I/we, nor my/our spouse(s), is/are a County of Dallas officer, employee, or commissioners court appointed member of any board or commission.

2. If bid is submitted on behalf of another person, partnership, corporation or other business entity, I/we swear and affirm that said other person, partnership, corporation or other business entity shall not have financial interest, direct or indirect,

'th D II C t ff I I . rt' t WI a a as ountyo ICla, employee, or a commissioners cou appOin ee.

Signature Signature


Date: Date:

(Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS

COUNTY OF DALLAS

) ,

)

ATTACHMENT 4 TO EXHIBIT B AFFIDAVIT


BEFORE ME, the undersigned authority, personally appeared who being duly sworn according to law, upon oath deposed as follows:

THAT I have no outstanding judgments, tax delinquencies or fees owed to the

SUBSCRIBED AND SWORN TO BEFORE ME, on the day of_~ __ , to certify wh ich witness m hand and official seal.

NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS

(Print or Type Name)

Commission expires:

(Ord. No. 2004-630, 4-6-2004)


ORDER NO. 2011 DATE: January 18, 2011 STATE OF TEXAS COUNTY OF DALLAS

COURT ORDER

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

onthe l8tltiayof January ,2011, on motion made by Jolm Wiley Price, District 113

and seconded by Dr. Elba Garcia, District 114 , the following order was adopted:

WHEREAS, the matter set forth below was briefed before Commissioners Court on January 11, 2011; and

WHEREAS, in cooperation with the City of Wylie, Dallas County has been requested by the City to participate in the maintenance, operation, public safety, emergency services and future annexation of specific roadways; and

WHEREAS, the attached Interlocal Agreement commits Dallas County to improve specific roadway segments to County standards so that City maintain operation of roadways until annexation; and

WHEREAS, In seeking to provide regional mobility and improved air quality by partnering with Dallas County cities to develop these important infrastructure improvements, Dallas County is remaining consistent with the County's overall Strategic Plan; and in particular is directly fulfilling the following vision statements:

Vision 1 Vision 4 Vision 5

Oal/as County is a model interagency Partner Oal/as County proactively addresses critical regional issues Oal/as County is the destination of choice for residents and businesses.

WHEREAS, the Director of Public Works recommends that the attached Interlocal Agreement with the City of Wylie be executed by Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the County Judge is hereby authorized and directed to execute the attached Interlocal Agreement with the City of Wylie.

DONE IN OPEN CO RT, this the l8tll:layof January ,2011.

~~ ~ Mau . ~key, DistriCO

,-~~~~~~~~~~~~=-'- ~'~"~4~' Recommended Approval:

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

State of Texas §

County of Dallas §

INTERLOCAL AGREEMENT

WHEREAS, the City of Wylie, hereinafter calIed "CITY", and the County of Dallas, hereinafter called "COUNTY", desire to enter into an agreement for maintenance, operation, public safety and emergency services and future annexation of specific roadways in Dallas County; and

WHEREAS, Texas Government Code, Title 7, Chapter 791 provides authorization for local governments to enter into contracts for these purposes;

NOW, THEREFORE, This agreement is hereby made and entered into by the City of Wylie and County, upon and for the mutual considerations stated herein.

WITNESSETH

1. Thej:::oUNTY hereby agrees to: 1. Provide, continue to provide and/or to participate with City for the ongoing

maintenance of the roadway segments identified in Exhibit "A", attached hereto, and made a part hereof Said maintenance and/or participation to be in accordance with the provisions of the adopted "Road and Bridge District Policies and Procedures" of the County. Said maintenance andlor participation to continue until such dOle as City annexes any individual listed roadway segment, subject to County maintenance priorities and the availability of County funding.

2. Provide for future improvement to minimum County standards of those listed roadways which arc sub-standard. Said improvements to be in accordance with all provisions of the adopted "Road and Bridge District Policies and Procedures" including applicable provisions for participation with City. Said improvement to be made subject to County priorities and the availability of County funding.

3. Assist the City in the safe and efficient operation of the listed roadways by providing traffic engineering studies and recommendations for speed limits, load zoning, regulatory and warning signs, pavement marking, etc., when such assistance is requested by the City for a specific roadway segment.

4. Assist the City in establishing and assigning appropriate street addressing for the 9-1-1 Emergency Response System when such assistance is requested by the City.

II. The City hereby agrees to:

1. Provide police patrol and enforcement within the right-of-way of the listed roadways, including response to emergency requests received through the 9-1-1 System.

2. Provide fire, rescue, ambulance service and other public safety and emergency services within the rights of way of the listed roadways to the extent such services are provided by the City on public street or road rights of way within the City.

3. Protect the existing rights of way of the listed roadways and to provide for and secure the dedication of additional right of way in accordance with the requirements described by the adopted Regional Thoroughfare Plan, through the application of zoning, subdivision regnlation, building setback requirements and building permitting laws, ordinances and regulations to the extent allowed the City by State law and the provisions of the City Charter.

4. Provide for street addressing and other 9-1-1 System administrative requirements associated with the listed roadways. The City may request assistance from the County in coordinating such addressing with adjacent cities in the unincorporated areas.

5. Provide for the safe and efficient operation of the listed roadways including posting and enforcement of speed limits, intersection and access control, load zoning, regulatory and warning signs, oversize/overweight vehicle permitting, and other related responsibilities to the extent and level said responsibilities are provided by the City public street and road rights of way within the City. The City may request assistance from the County for traffic engineering studies and shaH coordinate all regulatory, warning and other operational changes with the County Traffic Engineer where said changes impact unincorporated areas.

6. Provide mowing services according to City policy and maintenance schedule.

III City and County joi_ntly agree to: L Cooperate in the clarification of jurisdictional boundaries and responsibilities in

boundary areas to assure the general public safety in boundary areas, to provide for the most efficient and effective emergency services and emergency response possible in boundary areas, and to minimize the potential for confusion and uncertainty in these areas for the public and for the City and County.

2. Coordinate the provision and administration of local governmental services and policies in boundary areas for the benefit of the citizens of the City and/or County.

3. Coordinate efforts to prevent the creation of problem boundary conditions in the future and to eliminate those now in existence.

4. Attachment B, Miscellaneous, is attached hereto, and made a part hereof for the stated miscellaneous provisions therein.

The City of Wylie, Texas, has executed this lnterlocal Agreement pursuant to duly

authorized City Council Resolution d2Q/t2 -.z0 0f>.} dated /~ " .. 1 "" -'/0

The County of Dallas has executed this lnterloeal Agreement pursuant to

on this the 18th COl11m issi 011ers Court Order """'20=11=--_1=-4...:2=-__ _ 2011 ----

day of January , ~

CITY OF WYLIE COUNTY OF DALLAS

, APPROVED AS TO FORM*:

j?':/~?&v BY<.~,L--_ / Gordon Hikel,

C/, Chief; Civil Section District Attomey's Office

-'By Jaw, the District Attorney's Office may only advise or approve contracts or legal documents 011

behalf of its clients, It may not advise or approve a contract or legal document on behalf of other parties. OUf review of this document was conducted solely from the \egal 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}.

CITY OF WYLIE

WYLIE

GARLAND

N

Map Prepared, 9/2/2010 PiSClAlUER, Th.","I' I. f.-.,.-nr.,,,,,,,. u"," ,,,o}/. (>,.'" F<»\;d«l "'-~'l<on«l t,~,,, ",ulnrl •• """""""Wl ~""~'l",'." ~I~«""«y, lh~ D;,ll.., (),<11l1j' TC'"''P'li><l.i,''''fGlS 0,,1<-'«, cl~""Wm •• n""!,,omi!>llty /"a,U", '"'''''''''Y '" """pH,'""",,~f {h" <1M" ,I."""

ATTACHMENT B

Miscellaneous.

a. Assignment. This Agreement is not assignable without the prior written consent of the other party.

b. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto.

c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Dallas County, Texas.

d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is . forever confessed.

e. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes.

f. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof.

g. Savings/Severability. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

h. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel.

PAGE 1

ATTACHMENT B

i. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document.

j. Pursuit of a Governmental Function. Both the County and the City have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party.

k. Sovereign Immunity. The parties agree that neither the County nor the City has waived its sovereign immunity by entering into and performing its respective obligations under this Agreement.

I. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No third party shall have any rights herein.

PAGE 2

- RESOLUTION NO. 2010-40(R)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR THE MAINTENANCE, OPERATION, PUBLIC SAFETY AND EMERGENCY SERVICES AND FUTURE ANNEXATION OF A 1.284 MILE SEGMENT OF PLEASANT V ALLEY ROAD BETWEEN ELM GROVE ROAD AND WELLS ROAD.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:

SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on

behalf of the City Council of the City of Wylie, Texas, an Interlocal Agreement with Dallas

County for the maintenance, operation, public safety and emergency services and future

annexation of a 1.284 mile segment of Pleasant Valley Road between Elm Grove Road and

Wells Road.

SECTION 2: This Resolution shall take effect immediately upon its passage.

DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on this the 14th day of December, 2010.

ATTEST TO:

ity Secretary

Resolution No. 2010-40(R) ILA Dallas County - Maintenance Agreement

COURT ORDER

6)n 1 1 ORDER NO. r'.! ",I 1, "'-

DATE: January lB, 2011

STATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED, at a regular meeting of the Comnrissioners Court of Dallas Connty, Texas, held on

the __ l_B_t_l_l ____ day of January , 20ll, on motion made

by _J",o",hn=_":,:Tl:::' l:::e,,"y'-.:P~r::i::c:.:e:.:,,-,C=o=rrmu='=s=s=i=o=n=e:.cr-=-o:.cf_D::..l=' s::..t.::..r",l:::.' c::..t::....;N:.c0,-,-. _3'-________ ~, and seconded

Dr. Elba Garcia, Commissioner of District No.4 by ____________________________ , the follOwing order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the matter set forth below was briefed before Commissioners Court on January 11, 2011; and

pursuant to Court Order 2001-814 dated Apri124, 2001, Dallas County and the City ofBaJeh Springs entered into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS which autllorized transportation improvements on PIONEER ROAD MCIP PROJECT 21902 from Belt Line Road to McKenzie Road; and

the City of Balch Springs has Conncil approval of the attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT for the Pioneer Road MCIP Project 21902 for which COUNTY has agreed to be the LEAD AGENCY through completion of construction; and

the CITY has agreed to participate on at least a fifty/fifty basis for funding oftbe project as detailed in the attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT; and

The County has worked with the Cities of Mesquite and Balch Springs and numerous agencies and utilities on this project which is consistent mth Vision 1: Dallas County is a model interagency partner; additionally, this project will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and businesses; and

the Director of Public Works reconnnends execution of the attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT for the Pioneer Road MCIP Project 21902,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed to execute attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS for the Pioneer Road MCIP Project 21902 from Belt Line Road to McKenzie Road with tl,e City of Balch Springs, with County funding in the amonnt of $600,000,00 to be paid from MCIP Fnnd 196, Project 8201.

/~) Recommended . .."'. '<~ , For Approval: -7/",L"",,",-"-:: __ · =""--::-::-__

Qm t>~J:15erta .. air, PE, 9 , Director of Public Works

STATE OF TEXAS §

COUNTY OF DALLAS §

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROJECT SUPPLEMENTAL AGREEMENT

TO THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

The City of Ba1ch Springs, Texas, hereinafter called "CITY", and the County of Dallas, Texas, hereinafter called "COUNTY", desire to enter into a PROJECT SUPPLEMENTAL AGREEMENT, hereinafter called "PSA", in order to contract for the implementation of the Major Capital Improvement Project authorized by Court Order 2000-2117 dated October 17, 2000 which approved specified projects including PIONEER ROAD MCIP Project 21902 from BELT LINE ROAD to MCKENZIE ROAD, hereinafter called "PROJECT".

WHEREAS, the COUNTY has requested that it be designated as the LEAD AGENCY for the project and will provide the Project Manager; and

WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE and TEXAS TRANSPORTATION CODE ARTICLE 251 provides authorization for local governments to contract with each other for the performance of governmental functions and services, and joint funding of road or street projects.

NOW THEREFORE THIS PSA is made by and entered into by the CITY, and the COUNTY for the mutual consideration stated herein.

WITNESSETH

ARTICLE I. PROJECT SUPPLEMENTAL AGREEMENT

This PSA is to specifically identify the PROJECT, changes in the rights and responsibilities of each of the parties as set forth in the MASTER AGREEMENT and additions thereto as incorporated herein. This PSA will be an addition to the MASTER AGREEMENT and incorporate each of its terms and conditions. All terms of the MASTER AGREEMENT remain in full force and effect except as modified herein. In the event of any conflict between the MASTER AGREEMENT and this PSA, this PSA shall control.

ARTICLE II INCORPORATED DOCUMENTS

This PSA incorporates, as if fully reproduced herein word for word and number for number, the' following items:

PSA-City of Balch Springs-21902 4·2·)0

1

1. MASTER AGREEMENT authorized by County Commissioners Court Order 2001-814 dated April 24, 2001, and additions thereto as incorporated herein.

2. The MEMORANDUM OF AGREEMENT between City and County, as shown m ATTACHMENT "A";

3. CURRENT COST ESTIMATES Al\1D FUNDING SOURCES, as shown in ATTACHMENT "B".

4. PROPOSED PROJECT SCHEDULE, as shown in ATTACHMENT "C".

ARTICLE III TERM OF AGREEMENT

This PSA becomes effective when signed by the last party whose signing makes the respective agreement fully executed (The "Effective Date") and shall terminate upon the completion and acceptance of the Project by Dallas COlmty Commissioners Court or upon the terms and conditions in the MASTER AGREEMENT, Article N. Section 1, Termination.

ARTICLE IV PROJECT DESCRIPTION

This PSA is entered into by the parties for public transportation improvements to PIONEER ROAD Project 21902 from BELT LINE ROAD to MCKENZIE ROAD, as more specifically described in ATTACHMENT "A", MEMORANDUM OF AGREEMENT. This project will facilitate the movement of public transportation to benefit both the CITY and COUNTY. The CITY has and hereby does give its approval for expenditure of COG'NTY funds for the construction, improvement, maintenance, or repair or a street located within the municipality.

Article V FISCAL FUNDING

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

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of CITY funding for each item and obligation contained herein. COUNTY shall have no right of action against the CITY as regards this PSA, specifically including any funding by CITY of the PROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or PSA-Citv of Balch Sprinfs-21902- 2 4-2-10

failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the CITY, as its sole discretion, may provide funds from a separate source or terminate this PSA. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

ARTICLE VI AGREEMENTS

COUNTY AND CITY DO COVENANT AND AGREE AS FOLLOWS

1. COUNTY will be the LEAD AGENCY for the PROJECT.

2. CITY and COUNTY mutually agree that the PROJECT limits are PIONEER ROAD from BELT LINE ROAD to MCKENZIE ROAD.

3. The agreed upon STANDARD BASIC PROJECT DESIGN for the project is as defined in the MEMORANDUM OF AGREEMENT, ATTACHMENT "A". Such design shall be the STANDARD BASIC PROJECT DESIGN for the PROJECT and specifically does not include PAVING and DRAINAGE AMENITIES or UTILITY BETTERMENTS as defined in the MASTER AGREEMENT.

4. The PROJECT will require the acquisition of road right-of-way within specific right-of-way alignment which is specifically all real property needed or convenient for roadway purposes as shown in the PROJECT design or right-of-way plans and specifically includes all real property outside of the designed right-of-way needed or convenient to the construction, drainage, interface with adjoining streets or alleys, driveways or other access ways or other PROJECT permanent or temporary easements which is approved by CITY and COUNTY. Such right-ofway acquisition shall be the responsibility of the COUNTY as LEAD AGENCY, and shall be funded as part of PROJECT costs.

ARTICLE VII CITY COVENANTS AND AGREES AS FOLLOWS

1. To execute the necessary agreements for the implementation of design and construction of the PROJECT mutually agreed upon and incorporated herein by this PSA.

2. This PSA is CITY approval of the preferred alignment, proposed estimated budget and funding as shown in the CURRENT COST ESTIMATES AND FUNDING SOURCES, ATTACHMENT "B", and commitment to meet PROJECT funding for each milestone as specified in the attached MEMORANDUM OF AGREEMENT.

3. If the CITY requests COUNTY to add relocation or adjustment of CITY UTILITIES or UTILITY BETTERMENTS, as defined in the MASTER AGREEMENT, CITY covenants and agrees that it will pay 1 00% of the costs of these additions.

4. The CITY agrees that COUNTY may include any such item as an optional item to the construction bidding. CITY further agrees to review the bids submitted, the bid specifications, quantities, bid amount and any other item the CITY shall choose to review and furnish a written acceptance or rejection of the bid within ten (10) days. In the event the bid is accepted, CITY agrees to encumber an amount adequate for the total estimated project costs as indicated in

PSA-Citv of Balch Springs-21902-4-2-10

3

ATTACHMENT "B", No optional PAVING and DRAINAGE AMENITIES, relocation or adjustment of CITY UTILITIES or UTILITY BETTERMENT construction contract or bid will be accepted without full payment of the bid amount by CITY. In the event the PAVING and DRAINAGE ~\iENITIES or UTILITY BETTERMEl'<l'S bid is rejected, it will not be included in the construction contract

ARTICLE VIII. COUNTY COVENANTS AGREES AS FOLLOWS

County shall be the LEAD AGENCY for this PROJECT. COUNTY will provide project management of the Project from commencement of planning to completion of construction.

ARTICLE IX. FUNDING

L COUNTY and CITY mutually agree to proportionately fund the DIRECT PROJECT and PROGRAM cost as follows,

2, The CITY agrees to provide funding for the PROJECT as indicated in ATTACHMENT "B", in the Not To Exceed Amount of Six Hundred Thousand Dollars and no cents ($600,000.00), with funds to be due prior to award of construction contract

3, The COUNTY agrees to provide funding for the PROJECT as indicated in ATTACHME~1'f "B", in the Not To Exceed Amount of Six Hundred Thousand Dollars and no cents ($600,000.00), less any in- house project delivery costs.

4, CITY agrees to encumber an amount adequate for total estimated project costs as determined prior to the commencement of each PROJECT milestone as determined by COUNTY within 30 days of notification by COUNTY. The CITY will pay PROJECT costs as invoiced by the COUNTY in accordance with the Texas Prompt Payment Act

5, If the total PROJECT costs excluding paving and drainage amenities or utility betterments should exceed this amount, the CITY and CO"L'NTY agree to amend the project's scope to remain within the current estimated Not To Exceed Amount or to be responsible for their respective estimated share of all County Commissioners Court approved additional PROJECT costs,

6, Project costs may include all COUNTY project delivery costs including but not limited to preliminary scoping and research, preliminary design services, special services, primary design services, administration, inspection, laboratory services and construction,

7. CITY covenants and agrees that it has directed COUNTY to include PAVING and DRAINAGE AMENITIES, UTILITY BETTERMENTS as defined in the MASTER AGREEMENT, and relocation or adjustment of CITY UTILITIES in the PROJECT, CITY and COUNTY agree that CITY, in addition to the above listed PROJECT cost, shall pay 100% of each item and all additional COUNTY DIRECT PROJECT and PROGRAM COST for the inclusion of such items in the PROJECT,

PSA-Citv of Balch Springs-21902-4-2-10

4

ARTICLE X MISCELLANEOUS

A. No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention of CITY and COUNTY that any entity other than CITY or COUNTY receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual right and responsibilities of the parties hereto.

B. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of COUNTY and Governmental Immunity of CITY, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and aU applicable Federal and State Law. This PSA shall be governed by an.d construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this PSA filed by either CITY or COUNTY shall be in Dallas County, Texas.

C. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or two (2) business days after being deposited in the United States Mail, postage prepaid, certified, retnrued receipt requested, or registered addressed as follows:

To County:

To City:

County of Dallas Mr. Donald Holzwarth, P.E. Director of Public Works DaUas County Administration Building 411 Elm Street, Fourth Floor Dallas County, Texas 75202-3389

City of Balch Springs ~ 'Pvft. WilliBmMeDeRaU];hvt f...kt.bb4:vv( 3117 Hickory Tree Road Balch Springs, Texas 75180

Either party may change its address for notice by giving the other party notice thereof.

D. Assignment. This PSA may not be assigned or transferred by either party without the prior written consent of the other party.

E. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns.

F. Amendment. This PSA may not be amended except in a written instrument specificaUy referring to this PSA and signed by the parties hereto.

G. Number and Gender. Words of any gender used in this PSA shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise.

PSA-Citv o{Balch Svrings-21902 4-2-10

5

H. Effective Date. This PSA shall commence on the Effective Date. The Effective Date of this PSA shall be the date it is executed by the last of the parties. Reference to the date of execution shall mean the Effective Date.

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

J. Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions ofthis PSA, which shall remain in full force and effect.

K. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all oral or written previous and contemporary agreements between the parties and relating to matters in the PSA.

L. Contingent. This Agreement is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Court and by resolution of the respective City Councils.

PSA~City of Balch Springs-21902 4·2·10

6

The City of Balch Springs, State of Texas, has executed the Agreement pursuant to duly

authorized City Council Resolution",7 1·- 10, Minutes ___ Dated the ~ay of D~","",..,b.."",

2010.

The County of Dallas, State of Texas, has executed this agreement pursuant to

Commissioners Court Order Number 2011-143 and passed on the 18th day of JaJ:lI.l3lY ,20 11

CITY OF BALCH SPRINGS

BY TITLE

ATTEST:

(1 CI

APPROVED AS TO FORM*:

~~~ (;;'(/ BOB SCHELL CHIEF CIVIL SECTION *DISTRICT ATTORNEY'S OFFICE

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

PSA-Citv of Balch Sptings-21902~ 4-2-] 0

7

ATTACHMENT "A"

MEMORANDUM OF AGREEMENT PIONEER ROAD PROJECT 21902

(Belt Line Road to McKenzie Road)

1. The Scope for the Pioneer Road Project is defined as a four lane undivided thoroughfare consisting of 10" reinforced concrete pavement with monolithic curbs on 8" lime treated sub grade and underground storm sewer. The primary design plans dated November 4, 2009, are incorporated herein as if were reproduced word for word.

2. Dallas County will be the LEAD AGENCY for the project and provide project management including management of the design engineering consultant contract and right-of-way acqnisition for the project. The Dallas County Project Manager for the proj ect will be J olm 1. Mears, P .E.

3. Funding allocations will be as specified in the attached "Current Cost Estimates and Funding Sources." In the event that the estimated costs need to be revised, the percentages reflected in the dollar amounts shown will remain constant, and be subject to approval from the City of Balch Springs and Dallas County.

4. The proposed schedule was established in the attached "Proposed Project Schedule."

ATTACHMENT "BI>

Current Cost Estimates and Funding Sources

• Paving & Drainage Construction

• ROW • Design & Project Delivery

• Materials Testing • Contingencies • City Requ~~sted Construction • Project Cost

• Dallas County • City of Balch Springs • Project Funding

$900,000

$75,000

$100,000

$10,000

$115,000

$+

$1,200,000

$600,000

$600,000+

$1,200,000

ATTACHMENT 'C'

Proposed Project Schedule • ROW Acquisition Complete DEC 2009

• Project Specific Agreement JULY 2010

• Final Plans Complete JULY 2010

• Open Bids SEP 2010

• Utility Relocations Complete NOV 2010

• A ward Contract NOV 2010

• Construction Complete AUG 2012

RESOLUTION NO. 671-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALCH SPRINGS, TEXAS, APPROVING A PROJECT AND EXPENDITURE BETWEEN THE CITY OF BALCH SPRINGS, TEXAS; THE BALCH SPRINGS COMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION, A TYPE B ECONOMIC DEVELOPMENT CORPORATION; THE BALCH SPRINGS INDUSTRIAL AND ECONOMIC DEVELOPMENT CORPORATION, A TYPE A ECONOMIC DEVELOPMENT CORPORATION; AND DALLAS COUNTY, TEXAS, CONCERNING THE PIONEER ROAD MCIP PROJECT 21902 FROM BELT LINE ROAD TO MCKENZIE ROAD; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, the Balch Springs Industrial and Economic Development Corporation (hereinafter referred to as the "Balch Springs Type A EDC") is a Type A economic development corporation, created pursuant to Chapter 504 of the Texas Local Goverrnnent Code, as amended; and

WHEREAS, the Balch Springs Community and Economic Development Corporation (hereinafter referred to as the "Balch Springs Type B EDC") is a Type B economic development corporation, created pursuant to Chapter 505 of the Texas Local Govemment Code, as amended; and

WHEREAS, Section 501.103 of the Texas Local Govemment Code, in pertinent part, defines the term "project" to mean "expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (I) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Intemet improvements ... "; and

WHEREAS, on May 12, 2009, the Board of Directors of the Balch Springs Type A EDC approved the Project to fund the construction and improvement of Pioneer Road from Belt Line Road to McKenzie Road (hereinafter referred to as the "Project") in the amount of Three Hundred Thousand and NollOO Dollars ($300,000.00); and

WHEREAS, on April 15, 2009, the Board of Directors of the Balch Springs Type B EDC approved the Project to fund the construction and improvement of the Project in the amount of Three Hundred Thousand and No/lOO Dollars ($300,000.00); and

WHEREAS, on November 22, 2010, the City Council of the City of Balch Springs, Texas, approved the funding of Six Hundred Thousand and No/IOO Dollars ($600,000.00) towards the Project; and

WHEREAS, the Board of Directors of the Balch Springs Type A EDC, and the Balch Springs Type B EDC have determined that the Project is consistent and meets the definition of "project" as that term is defined in Section 501.103 of the Texas Local Government Code; and the definition of "cost" as that term is defined by Section 501.152 of the Texas Local Government Code

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BALCH SPRINGS, TEXAS, AS FOLLOWS:

Section 1. That the foregoing recitals are hereby found to be true and correct findings of the City of Balch Springs, Texas, and are fully incorporated into the body of this Resolution.

Section 2. That the City Council of the City of Balch Springs, Texas, finds and determines the Dallas County Capital Improvement Program Agreement, a copy of which is attached hereto as Exhibit A, for the construction and improvement of Pioneer Road from Belt Line Road to McKenzie Road, is consistent with, and meets the definition of "project" as that tenn is defined in Section 501.103 of the Texas Local Government Code

Section 3. That the City Council of the City of Balch Springs, Texas, approves the Dallas County Capital Improvement Program Agreement, attached hereto as Exhibit A, for the construction and improvement of Pioneer Road from Belt Line Road to McKenzie Road, located within the City of Balch Springs, Dallas County, Texas, and authorizes the Mayor to execute said Agreement and this Resolution.

Section 4. That the City Council of the City of Balch Springs, Texas, authorizes the Balch Springs Type A EDC to expend Three Hundred Thousand and No/lOO Dollars ($300,000.00) towards the Dallas County Capital Improvement Program Agreement, a copy of which is attached hereto as Exhibit A.

Section 5. That the City Council of the City of Balch Springs, Texas, authorizes the Balch Springs Type B EDC to expend Three Hundred Thousand and No/IOO Dollars ($300,000.00) towards the Dallas County Capital Improvement Program Agreement, a copy of which is attached hereto as Exhibit A.

Section 6. That this Resolution shall become effective from and after its passage.

DULY RESOLVED by the City Council of the City of Balch Springs, Texas, on this the 13th day of December, 2010.

APPROVED:

~T G,'rL~/ Carrie F.Gordon, Ph.D., Mayor

ATTEST:

I{) - Dallas County2011/01/18 · 2011 DATE: January 18, 2011 STATE OF TEXAS COUNTY OF DALLAS COURT...

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