/'
COURT ORDER
,. " ':) ORDER NO.: _____Ul~ _
DATE: September 3.2013 STATE OF TEXAS § § COUNTY OF DALLAS §
BE IT REMEMBERED. at a regular meeting of the Commissioners Court of Dallas County, Texas, held on September 3,2013, on a motion made by John Wiley Price, Commissioner of Dist. 3 , and seconded by Dr. Elba Garcia COIllIllissioner of 4 the following Order was adopted:
WHEREAS, in executive session on July 9, 2013, the Dallas County Commissioners Court authorized intervention by Dallas County in a suit styled Korwin Ward vs. Tiffany Stephens et ai, in cause number DC-12- 07483, as permitted by sections 551.071(l)(A) and (B) of the Texas Government Code; and
WHEREAS, the Court approved a settlement of this lawsuit and now approves the Civil Division ofthe Dallas County District Attorney's Office accepting payments from both MetLife Auto & Home Insurance Company and Rolle, Breeland, Ryan, Landau, Wingler & Hindman, Inc. concerning the health benefit subrogation lien asserted in this case arising from a motor vehicle collision involving a Dallas County employee's dependent, on date July 20, 2010; and
WHEREAS, the action authorized by this order is consistent with and promotes Strategy 1.3 of Dallas County's Strategic Plan.
IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the payment of $1,398.00 is hereby accepted from Met Life Auto & Home Insurance Company, and a payment of $736.81 is hereby accepted from Rolle, Breeland, Ryan, Landau, Wingler & Hindman, Inc. as settlement of Dallas County's subrogation lien in connection with this case, and the County Judge is hereby authorized to execute any and all documents approved by the Civil Division of the District Attorney's Office to effectuate/h:s settlement.
DONE IN OPEN COURT this the 3'd dayofSete ber, 013.
Mike Cantrell, Comm. Dist. #2 Dr. Elba Garcia, Comm. Dist. #4
Amended for ~pproval: .J til ";1----- Cl"-,,,-..-/ 'V-l.POC,",,,---- Teresa Guerra Snelson Chief, Civil Division Dallas County District Attorney's Office
Administration Building 411 Elm Street 5th Floor Dalias, Texas 75202 214/653-7358 Fax 214/653-6134 13-000324 COURT ORDER
ORDER NO.: _____013 _1424
DATE: September 3, 2013 STA TE OF TEXAS § § COUNTY OF DALLAS §
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on September 3,2013, on a motion made by John Wiley Price, Connnissioner of Dist. 3 ,and seconded by Dr. Elba Garcia, Connnissioner of Dist. 4 , the following Order was adopted:
WHEREAS, on August 27,2013, Commissioners Court executed Court Order ., that the Civil Section of the District Attorney's Office requested authority for Dallas County, Texas to participate in the AT&T Landline Third-Party Billing Settlement, to recoup any unauthorized third-pm1y charges billed to Dallas County between January 1,2005 and January 14,2013; and
WHEREAS, Dallas County, Texas has the option to: I) opt-out of the AT &T Landline Third-Party Billing Settlement; 2) join the settlement and submit a claim form; or, 3) do nothing; and
WHEREAS, it is in the best interest of Dallas County, Texas, to join the AT&T Landline Third-Party Billing Settlement; and,
WHEREAS, the action authorized by this order is consistent with and promotes Strategy 1.3 of Dallas County's Strategic Plan.
[T [S THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court hereby approves Dallas County, Texas joining the AT &T Landline Third-Party Billing Settlement, and taking all actions necessary to participate in the AT &T Landline Third-Party Billing Settlement, including complying with Texas Government Code § 403.0305, if necessary. /\ , \ I I DONE [N OPEN COURT on the 3'd day oLSeptembo/, 2013. ,1//)1/ ! ) /1 J! / /'./ {I (\ 1 1'\...._ L/ ~/) /1'1 Clay C;;iS;lf\~j,k';hs,(countyJU~?_~ /-7- .(---~-;'\ ""-____ L//\/ --t\~./ cZl:C-;.~jI~\\,_ . #1 John W'
\.,,,
Dr. Elba Garcia, Comm. Dist. #4
mended for Approval:
~/J~lJL=-~ eresa Guerra Snelson Chief, Civil Division Dallas County District Attorney's Ollice COURT ORDER .. ~j ')5 ORDERNO: __2_(_J __ 1'- f.J·
DATE: September 3,2013
STATE OF TEXAS
COUNTY OF DALLAS
BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the
3'd day of September, 2013, on a motion made by John Wiley Price, Commissioner of Dist. 3 , and seconded by Dr. Elba Garcia, Commissioner of Dist. 4 , the following Court Order was adopted:
WHEREAS, the Dallas County Commissioners Court proposed the attached schedule of Elected Officials Salaries, Expenses or Allowances; and
WHEREAS, Section 152.013(b) ofthe Texas Code requires the Dallas County Commissioners Court to publish notice of proposed Elected Official Salaries, Expenses, or Allowances in a newspaper of general circulation; and
WHEREAS, Section l52.013(c) requires the Dallas County Commissioners Court to provide notification to all elected officials of their salary; and
WHEREAS, Section 152.0l6(a)(2) further stipulates that any elected oHicial may appeal the Court's action to a properly constituted Salary Grievance Committee five days after the notice is received:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the salaries of Constables, Justices of the Peace, County Clerk, County Commissioners, County Judge, County Sheriff, County Treasurer, District Clerk and Tax Assessor/Collector are proposed to be the amounts shown on the attachment, and that the OHice of Budget and Evaluation is directed to place all necessmy legal notices aud give written notices to all elected oHicials in a timely fashion.
DONE IN OPEN COURT this the 3'd day of September, 2013.
Clay Lewis Jenkins, County Judge
J
Recommended by: ELECTED OFFICIAL FY2014 MAXIMUM PROPOSED MONTHLY SALARY AND AUTO ALLOWANCE WITH 2% SALARY INCREASE AND AN 0% AUTO ALLOWANCE INCREASE
Auto Elected Official Salary Allowance County Judge $ 13,600.59 $ 774.63 Sheriff 12,385.70 773.33 County Commissioners 11,209.28 774.63 County Clerk 10,847.78 632.06 County Treasurer 10,847.78 District Clerk 10,847.78 632.06 Tax Assessor/Collector 10,847.78 632.06 Justice of the Peace 9,363.03 Constable 8,767.55 578.72
*Note: Each elected official not authorized an allowance will be eligible to receive the County's current mileage reimbursement rate for County business travel. Each elected official receiving an allowance may, at their option, receive the mileage reimbursement in lieu of the above stated allowance. COURT ORDER
ORDER NO: '01 1426
DATE: September 3,2013
STATE OF TEXAS
COUNTY OF DALLAS
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on 3rd day of September, on a motion made by John Wiley Price, Comm. of District 3 , and seconded by Dr. Elba Garcia, Comm. of District 4 , the following Order was adopted:
WHEREAS, the Office of Budget and Evaluation briefed the Commissioners Court on August 27, 2013 regarding the Sheriffs Office request that the Basic Correctional Officer Course (BCOC) training be reduced to ninety-six hours (two weeks and two days) for cost-savings and better efficiency;
WHEREAS, trainees will complete the Texas A&M Engineering Extension Service (TEEX) Course and licensing exam as part of their training; and
WHEREAS, the cost per trainee for the online TEEX Course and Exam is $200 per trainee, with approximately 120 trainees per round at a total cost of$24,000 per round that would impact the General Fund, The County will also receive a $50 credit per officer who passes the exam, Officers who do not complete the course in the allotted time must pay additional fees, as required by the Texas A&M Engineering Extension Service,
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby authorize the Sheritrs Office proposal that BCOC training courses be reduced to ninety-six hours, to establish an account with Texas A&M Engineering Extension Service for online testing at a cost of $200 per trainee, and to require Detention Officers who do not complete the course in the allotted time to pay additional fees, as required by TEEX,
DONE IN OPEN COURT this the 3ed day of September, 2013, /\ /j/ ) l,/~~/ Dr. Theresa M. Daniel Mike Cantrell Commissioner Dis!. #1 Commissioner 'st. #2 ~ Dr. Elba Garcia Commissioner Dist. #4
Recommended by: h '/ - ~rOLtJ\ Ryan Brown,I Budget Officer COURT ORDER
ORDER NO, 2 0 1 1427 DATE: September 3,2013 STATE OF TEXAS § COUNTY OF DALLAS §
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on
the ___~3",r",d,-_ day of __---'S"'e"'p"'te"'m"'b"'e'-'.r ______, 2013, on motion made by
_J_o_hn__ W_i_l_ey_P_r_l_' c_e_, _C_O_TI_illU_'s_s_i_o_n_e_r_o_f_D_i_s_t_r_i_c_t_3 ______, and seconded by
_D_r_,_E_l_b_a_G_a_r_c_i_a.:..,_C_omm__ i_s_sl_· o_n_e_r_o_f_D_l_'s_t_r_j_.c_t_4 ______, the following Order was adopted:
WHEREAS, on August 27, 2013, the Commissioners Court was briefed by the Office of Information Technology Department to adjust the maximum amount paid through Amendment No.3 to $257,280.00 on the Personal Services Contract for the services of John Desanges with Austin Ribbon & Computer (ARC); and
WHEREAS, Mr. Desanges is working on the JP Mandate Project and changes are very extensive, requiring a considerable amount of overtime hours to be expended in order to meet the State-directed time line for implementation; and
WHEREAS, the cost of Amendment No.3 will not exceed $64,320.00, and funding is available in the Major Technology Fund Unallocated Reserves with funds to be transferred to the Professional Services account (195.1090.05590); and
WHEREAS, the Commissioners Court exempts this Contract from the requirement of Texas Local Government Code § 262.023 under the exemption of § 262.024 (a) (4); and
WHEREAS, Amendment No.3 aligns with the Commissioners Court Strategic Plan, Vision I: Dallas County Government models interagency partnerships and collaboration; Strategy: I. Maintain a Strong, Motivated Dallas County Workforce.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby approve Amendment No.3 with Austin Ribbon & Computer (ARC) to increase the funds on the Personal Services Contract of Joh .pesanges and authorizes the Dallas County Judge to sign Amendment No.3 on behalf of Dallas County. \
DONE IN 0 EN!)rRT}hiS the 3rd da~Ptember 2013.
~- a,L4.~[l if Dr. Theresa Daniel Mike Cantrell Commissioner District # I Commissioner District #2 ?
Commissioner District #4 &~mm"d'~~ 1eYViCtrumffo AMENDMENT NO.3 ("THIRD AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT")
Between DALLAS COUNTY, TEXAS ("COUNTY") And AUSTIN RIBBON & COMPUTER ("CONTRACTOR")
FOR THE PERSONAL SERVICES OF JOHN DESANGES
Pursuant to the authority of the Texas Local Government Code, Chapter 262, and the approval of Dallas County Commissioners Court, the County, Austin Ribbon & Computer and John Desanges (herein collectively referred to as "Contractor" and both County and Contractor are referred to as the "Parties") hereby amend via this Third Amendment (hereinafter the "Third Amendment") to the Contract effective on April 10, 2012 and approved by County Commissioners Court Order No. 2012-0610 and the First Amendment effective on September 25,2012 and approved by County Commissioners Court Order 2012-1585 and the Second Amendment effective on March 26, 2013 and approved by County Commissioners Court Order No. 2013-0540 to: (i) increase the Not-to-Exceed-Amount of the Payment For Personal Services. The Contract, the First Amendment, the Second Amendment and the Third Amendment are incorporated herein for aU purposes and are collectively referred to as the "Contract."
1, Section 4E, the Payment for Services in the Contract is modified by this Amendment to add an additional Sixty-Four Thousand, Three Hundred Twenty and Noll 00 Dollars ($64.320.00) to the Not-to Exceed amount and thereby will increase the maximum amount to be paid under the Contract and this Amendment, which shall not exceed Two Hundred Fifty-Seven Thousand Two Hundred Eighty and Noll 00 Dollars ($257,280.00).
2. All other terms and provisions of the Contract approved by County Commissioners Court Order No. 2012-0610, the First Amendment effective on September 25, 2013 approved by 2012-1585, and the Second Amendment effective on March 26, 2013 approved by County Commissioners Court Order No. 2013-0540, shall remain in full force and effect and shall not be superseded by this Third Amendment.
3. The Contract, induding aU amendments, is incorporated herein by reference for aU purposes.
4. Each Party represents that it has the full and legal right, power, and authority to enter into and perform this Amendment, in accordance with the terms and conditions provided herein and that the execution of this Amendment is being made by the authorized representatives of the Parties to validly and legally bind each Party to all terms, conditions, performances, and the provisions as set forth in this Amendment and the Contract.
AMENDMENT NO.3 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT") - Page 1 of 2 AUSTIN RIBBON AND COMPUTER ("CONTRACTOR"):
By: ______Date: ______Anne Fieldings, Director of Staffing
By: ______Date: ______John Desanges
DAJili~' ;:Y ("COUNTY} ,
Date: September 3, 2013 I \ Clay Le is enkins - Dallas County Judge
RECOMMENDED: ------y: ---~,:;-;;'---::.!:':"::::::::::------~taIlle)TViC;rum Chief Infonnation Officer
APPROVED AS TO FORM*:
CRAIG WATKINS DISTRICT ATTORNEY
Assistant District Attomey
*Bv LAW, THE DISTRICT ATTOR!\IEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF OUR
CLIENT. OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OTHER
PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN
RESPECTIVE ATTORNEV(S).
AMENDMENT NO.3 ("AMENDMENT") TO PERSONAL SERVICES CONTRACT ("CONTRACT") - Page 2 of 2 COURT ORDER
ORDER NO: 8
DATE: September 3, 2013
STATE OF TEXAS'
COUNTY OF DALLAS'
BE IT REMEMBERED, at a regular meeting ofthe Commissioners COUlt of Dallas County, Texas, held on the 3rd day of September 2013, on motion made by John Wiley Price, D~strict 3 ,and seconded by Dr. Elba Garcia, District 4 , the following Order was adopted:
WHEREAS, Commissioner's Court was briefed on August 27,2013, regarding a new policy providing clarification and guidance to supervisors, managers, and employees when addressing arrest and! or conviction issues related to staff; and
WHEREAS, Employees are required to check with their individual departments to learn if there are other guidelines specific to that department; and
WHEREAS, The policy has followed the standard process with an initial review by the Civil Service Commission, a 30-day review by departments, a review by the legal staff of the District Attorney's Office, and final approval of the Civil Service Commission; and
WHEREAS, Approval of this request supports Dallas County's Strategic Plan Vision 1: Dallas County is a model interagency partner.
IT IS THEREFORE OlJElERED, ADJUDGED, AND DECREED that the Dallas County Commissi6ndrs Court hereby approve the Arrest and Convictions policy in Chapter 86, Divis' n ,0. Section 86-360 to 86-365 of the Dallas County Code. J ! DO~J?'l iOpFJr CqU the 3rd day of September, 2013. //;:1'1 / ;2 ~luh, tk /) ~ " Dr. Theresa M. Daniel , Commissioner District # , • ~ioner
Dr. Elba Garcia Commissioner District #4
auldin-Taylor, Ph.D., rector Human esources/Civil Service epmtment DIVISION 10: ARRESTS and CONVICTIONS POLICY (CURRENT EMPLOYEES)
Sec. 86-360. Purpose of Policy
Dallas County has a vested interest in its public accountability. public image, and the continuing ability of its employees to perform all assigned job duties. Thus, all Dallas County employees are expected to conduct themselves in a manner deserving of the public's trust. The purpose of this policy is to establish guidelines to be used when an employee has been involved in a criminal matter that may be inconsistent with:
(I) The employee's ability to continue effectively performing his or her job duties;
(2) The County's employment policies;
(3) The County's commitment to provide a safe work environment; or
(4) The County's positive image and public trust.
Sec. 86-361. Policy Application
This policy applies to all Dallas County employees, and it outlines the County's policy related to the reporting of, resolution of, and actions that may be taken as a result of an arrest, warrant, or criminal conviction. Misdemeanor traffic otfenses payable by fine only are excluded unless the employee's job duties include operating a County vehicle. If so, the employee should refer to Section 90-173 for driver competency guidelines. Some County departments may have additional and/or different guidelines to meet specific needs; therefore, employees should also check with the specific department.
Sec. 86-362. Reporting Requirements
An employee, who knows of an outstanding warrant, is arrested on a misdemeanor or felony charge, is convicted of a criminal offense, or is grantcd deferred adjudication/probation shall notify his immediate supervisor of the warrant, arrest, deferred adjudication/probation, or conviction by the cnd of the next business day. If the employee cannot personally notify his or her supervisor, the employee may have another person do so and then follow up personally as soon as the employee can. Failure to inform the supervisor within the designated time period may result in disciplinary action up to and including immediate termination. Some County departments may have additional and/or difjierent guidelines to meet specific needs; therefore, employees should also check with the specific department.
Sec. 86-363. Resolution of Arrest/ChargeIWarrant
Depending on the circumstances of the atTest, charge, Or warrant, the employee may not be permitted to work until such matters are resolved. See Section 86-364. The employee may be placed on leave of absence status until the employee is cleared or convicted of the charge or until an internal investigation into the alleged violation concludes. See the Employee Investigations Policy (Section 86-984) and Section 86-364.
1 K:\Policies\Chp 82 & 86\Approved and not Codified\arrest_convictions_final 081913 approved by eSC.doc An employee who knows or has reason to believe tbat he or she has an outstanding warrant must immediately notify the employee's supervisor in accordance with Section 86-362. The employee may not continue working until the warrant has been resolved.
To resolve warrant-rclated issues, an employee may be placed on leave for a limited period of time as determined by the elected official/department head. The recommended time frame is three business days. An employee may be allowed to utilize paid leave time (excluding sick leave) while taking steps to resolve the warrant; however, if no paid leave time is available (excluding sick leave), then the employee will not be paid mld the time will be coded as Leave of Absence Without Pay.
An employee must present documentation that a warrant has been resolved to the elected official/department head and Human Resources/Civil Service Department.
Sec. 86-364. Disciplinary Action for Arrests, Convictions, or Warrants
Dallas County may take disciplinary action, up to and including termination, at any time in response to an employee IS arrest, conviction, or warrant.
(a). Factors that will be considered in determining the appropriate disciplinary action include:
( I) Severity of the alleged act or conviction;
(2) Relevance of the arrest, warrant, or conviction to the employee's job duties; and
(3) Impact of the arrest, warrant, or conviction on the County's integrity and public Image.
(b). In all cases, disciplinary action must be supported by information obtained from witness reports, police reports, or court records. Decision-makers are required to consult with the Human Resources/Civil Service Department and/or the Civil Division of the District Attorney's Office before taking any disciplinary action.
Sec. 86-365. Confidentiality ofInformation
All information obtained for investigative purposes will be treated as confidential to the extent possible under federal and state guidelines.
2 K:\Policies\Chp 82 & 86\Approved and not Codified\arrest_convictions_final 081913 approved by eSC,doc 2013 1 ORDER NO.
DATE: September 3, 2013
STATE OF TEXAS )(
COUNTY OF DALLAS )(
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held
on the __3_r_d ___ day of ______S_e"'p_t_em_b_er _____ , 2013, on motion made
by John Wiley Price, Commissioner of District 3 , and seconded by
_Dc..r.c._E...:l.c.bc-a_Ga.... rc:.c'-l..:.· a,-,-, _C_o_mm_l__' s_s __ i_o_n_e..;.r_o_f_D_i_s_t_r_i_c_t_4 ___ , the following Order was adopted:
WHEREAS, The Dallas County Commissioners Court was briefed on August 27,2013, concerning the recommendation of Early Voting Judges and Alternate Early Voting Judges to fill vacancies; and
WHEREAS, On September 3, 2013, Commissioners Court approved the appointment of Early Voting Election Judges and Alternate Election Judges for the remainder of the 2012·2014 term; and
WHEREAS, In accordance with Commissioners Court Order #2012·1466, the Court may replace individuals and fill vacancies for just cause in the positions of Early Voting Judges and Early Voting Alternate Election Judges up to and including the 30th day before Early Voting begins for an election; and
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court of Dallas County, Texas, approves the persons named in the list attached hereto and made a part of this order, to serve as Early Voting Election Judges and Early Voting Alternate Judges as designated for Early Voting Locations in which their names appear. ,1i ') DONE IN OPEN COURT this the 3rd ~~ iemb~r ,2013.
Dr. Theresa M. Daniel Commissioner,.. District No.1 r, District No.2 / "'" --'" • ~"""1; •... ,- ~ ,« .", ~o," ~ roU: Dr. Elba Garcia Commissioner, District No.4
Recommended by: Toni Pippins·Po Ie, Elections Administrator EARlY VOTING Electioll Judge - Alternate Judge Changes 2013-2014
LOCATION JIA Pty Name Date COMMENTS DESOTO LIBRARY A R REMOVED KRISTINE CLARK 711812013 PER REP. PARTY
DESOTO LIBRARY A R SUBMITTED ALMA NELL 711812013 PER REP. PARTY HELFENBEIN
EASTFIELD COLLEG A R REMOVED KRISTINE 711812013 PER REP. PARTY CLARISSA GATES
EASTFIELD COL LEG A R SUBMITTED MATTHEW 711812013 PER REP. PARTY PATRICK
GRAUWYLER A R REMOVED RICHARD BUCK 711812013 PER REP. PARTY
GRAUWYLER A R SUBMITTED HARLAND GLENN 7/18/2013 PER REP. PARTY HALLMARK
IRVING CITY HALL A R REMOVED SOl LA CANALES 8/212013 PER REP. PARTY
IRVING CITY HALL A R SUBMITTED DEBRA ARNETT 8/2/2013 PER REP. PARTY
LAKESIDE ACTIVITY J 0 REMOVED B JEAN BALL 9/112012 PER DEM. PARTY
LAKESIDE ACTIVITY J 0 SUMBITTED LAWANA 8/912013 PER DEM. PARTY OSBORNE LOCATION JIA Pty Name Date COMMENTS LAKESIDE ACTIVITY A R REMOVE ERNESTINE BRIDGES 81212013 PER REP, PARTY
LAKESIDE ACTIVITY A R SUBMITTED SUSAN CUMBY 8/2/2013 PER REP, PARTY
MLK CORE BLDG A R REMOVED PAMELA THOMAS 7/3012013 PER REP, PARTY
MLK CORE BLDG A R SUBMITTED MEL CYRAK 7/30/2013 PER REP, PARTY
MARTIN WEISS REC A R REMOVED BEVERLY BELO 7/18/2013 PER REP, PARTY
MARTIN WEISS REC A R SUBMITTED BETH BIESEL 7/18/2013 PERRE
OAK CLIFF SUB A R REMOVE MATTHEW PATRICK 8/212013 PER REP, PARTY
OAK CLIFF SUB A R SUBMITTED CAROLE· 8/2/2013 PER REP, PARTY HORNSBY HAYNES
PLD L·KIEST LlBRAR A R REMOVED HARLAND GLENN 912/2012 PER REP, PARTY HALLMARK
PLD L·KIEST LlBRAR A R SUBMITTED JANICE NORRIS 9/212012 PER REP, PARTY
VALLEY RANCH LlBR J D REMOVE GORDON PETERSON 8/5/2013 PER OEM, PARTY LOCATION JIA Pty Name Date COMMENTS VALLEY RANCH LlBR J D SUBMITTED BEVERLY 8/5/2013 PER DEM. PARTY WUNDERLIN
VALLEY RANCH LlBR A R REMOVED JEANINE SISSOM 7/18/2013 PER REP. PARTY
VALLEY RANCH LlBR A R SUBMITTED SHIRLEY EWING 7/18/2013 PER REP. PARTY 2013 1430 ORDER NO,
DATE: September 3, 2013
STATE OF TEXAS )(
COUNTY OF DALLAS )(
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the _3_r_d ____ day of ______S_e-'-p_t_ern_b-cecc r ______, 2013, on motion made by John Wiley Ptice, Commissioner of District 3 , and seconded by
__D_r_,_E_l_b_a_G_a_r_c_i_a.:.-, _C_o_=__' S_S_l_' 0_n_e_r_o_f_D_i_s_t_r_i_c_t_4 __ , the following Order was adopted:
WHEREAS, The Dallas County Commissioners Court was briefed on August 27, 2013, concerning the recommendation of Election Judges and Alternate Election Judges to fill vacancies; and
WHEREAS, On September 3, 2013, Commissioners Court approved the appointment of election judges and alternate judges for the remainder of the 2012-2014 term; and
WHEREAS, In accordance with Commissioners Court Order #2012-1465, the Court may fill vacancies in the positions of Election Judges and Alternate Election Judges up to and including the 20th day before an election; and
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court of Dallas County, Texas, approves the persons named in the list attached hereto and made a part of this order, to serve as Election Judges and Alternate Judges as designated for voting precincts in which their names appear. /e,) 3 d /{" I DONE IN OPEN COURT this the r 1yof ;De.tern er ,2013. JI / / / I;>,," .;/( ~ LewIs Jenkins :' ounty Judge (J/ (
Dr Theresa M. Daniel Commissioner, District No.
Dr Elba Garcia Commissioner, District NO.4
Recommended by: Toni Pippins-Poolle9Elections Administrator Election Judge· Alternate Judge Changes Since Aug. 21.2013 MPCT VUID# J/A Ply Name Date COMMENTS 1008 10811752 J 0 SUBMITTED WILMER G. MURDOCK 8/16/2013 PER OEM. PARTY
1020 10833389 J 0 REMOVED CHRISTY KINSLER 8/6/2013 PER OEM. PARTY
1036 10828077 J D SUBMITTED ANTHONY PACE 8/6/2013 PER OEM. PARTY
1049 10834863 A 0 SUBMITTED RAY ALAN SHEELER 8/19/2013 PER OEM. PARTY
1074 10838135 A R REMOVED LYNDA BAUER 7/29/2013 PER REP. PARTY
1090 10808534 J 0 SUBMITTED LEE COBLER 8/15/2013 PER OEM. PARTY
1107 10837621 J D SUBMITTED CAMILE WHITE 8/15/2013 PER OEM. PARTY
1108 10878518 A R REMOVED KATHY CAMERON 8/21/2013 PER REP. PARTY
1115 11531325 A R REMOVED MICHAEL GARR 7/19/2013 PER REP. PARTY
1117 10812331 J 0 SUBMITTED ROBERTO L. MEZA 8/15/2013 PER OEM. PARTY
1121 11769404 J 0 SUBMITTED JOHN R. BURTON 8/6/2013 PER OEM. PARTY
1300 10709462 A 0 SUBMITTED STACY EDWARDS 8/21/2013 PER OEM. PARTY
1311 10844039 A 0 SUBMITTED SARAH NORMAN 8/6/2013 PER OEM. PARTY
It~esdaY7A~g·ust27'12'013·"'···li.""1''''''''''IiIII''''''''''"I'' .. ""'II ••• IIiI.,.,I ...... II ...... ' ... II •• ,.II ••• MII·"Page'1'O;i MPCT VUID# J/A pty Name Date COMMENTS 2003 10860510 J R REMOVED JOHN SHANK 7/19/2013 PER REP. PARTY
2003 10831815 J R SUBMITTED EDWARD SIMPSON 7/19/2013 PER REP. PARTY
2004 10812516 J R REMOVED CHARLES GREEN 8/6/2013 PER REP. PARTY
2007 10804926 J R REMOVED NICHOLAS GILLIAM 7/1912013 PER REP. PARTY
2007 10806085 J R SUBMITTED LORI KIRCHER 7/19/2013 PER REP. PARTY
2021 10806422 J R SUBMITTED JEROME BENJAMIN 7/24/2013 PER REP. PARTY
2025 10820686 A D REMOVED MARGARET A. VENTERS 8/6/2013 PER DEM. PARTY
2025 10819476 A D SUBMITTED PAULA LEONE 8/6/2013 PER DEM. PARTY
2025 10830643 J R REMOVED CHARLES ARMSTRONG 8/21/2013 PER REP. PARTY
2025 10830167 J R SUBMITTED FLORA HERNANDEZ 8/21/2013 PER REP. PARTY
2026 10830167 J R REMOVED FOLRA HERNANDEZ 8/21/2013 PER REP. PARTY
2026 10805509 J R SUBMITTED MARY ANN COLLINS 8/21/2013 PER REP. PARTY
2027 10805509 J R REMOVED MARY ANN COLLINS 8/21/2013 PER REP. PARTY
2027 10871229 J R SUBMITTED JAMES K. ABNEY 8/21/2013 PER REP. PARTY
·Tu.. esday7Aug·ust27'J 2013'.. ".. ·, ... ·· ... ·· ... ·· ... ·· ... '· ... ·· ... 'I ...... It ... '.UU"'·· .. '· .. •• ... ·' .. •• ...... •• ... •• ... •• ...... '· ... ··Page·i ot""j MPCT VUID# J/A Ply Name Date COMMENTS 2027 10437682 A D SUBMITTED JOHN KNUTSON 8/6/2013 PER DEM. PARTY
2038 10808969 A R REMOVED ANDREW HEMPHILL 81712013 PER REP. PARTY
2038 11734565 A R SUBMITTED JORDAN LEU 8/712013 PER REP. PARTY
2039 10887259 J D SUBMITTED MARK S. FRIEDMAN 8/6/2013 PER DEM. PARTY
2039 10874978 A R REMOVED JARROD ATKINSON 7/24/2013 PER REP. PARTY
2040 10808088 A D SUBMITTED CONSTANCE JAHN 8/6/2013 PER DEM. PARTY
2044 10874570 A D SUBMITTED LOUIS G. HUNTLEY 8/26/2013 PER COM. DIST 3
2046 10437682 A D REMOVED JOHN KNUTSON 8/6/2013 PER DEM. PARTY
2046 10806399 A D SUBMITTED GERALD SLAUGHTER 8/26/2013 PER DEM. PARTY
2059 10833503 J R REMOVED JERRY ADAMS 7/23/2013 PER REP. PARTY
2059 10838135 J R SUBMITTED LYNDA BAUER 7/29/2013 PER REP. PARTY
2059 10807085 A D SUBMITTED PAULA EVERETT 8/19/2013 PER DEM. PARTY
2221 10743965 J R REMOVED ANDIE ANDERSON 7/2212013 PER REP. PARTY
2221 10857688 J R SUBMITTED MITCHELL MADDOX 7/22/2013 PER REP. PARTY
'tuesdaY7Auii~s'i27t,2013·"'··"'··""··"'··"~I""''''I'''''.'''''' .... ,... It ... ,.U .. ••••• ... •• ...... •• ... •• .... ,· ... •• ... ···,· ... •• .... ··Page·30t'j MPCT VUID # J/A Pty Name Date COMMENTS 2405 10805365 A D SUBMITTED GLENDA PASLEY 8/6/2013 PER DEM. PARTY
2406 10805365 A D SUBMITTED ARTHUR PASLEY 8/6/2013 PER DEM. PARTY
2407 10822628 A D SUBMITTED CHARLES R. BECKMAN 8/6/2013 PER DEM. PARTY
2704 10887877 A R REMOVED RICHARD PATTERSON 8/20/2013 PER REP. PARTY
2704 10826512 A R SUBMITTED DALE FERRIER 8/20/2013 PER REP. PARTY
2706 10808418 A D REMOVED PATRICIA SEEHORN 8/6/2013 PER DEM. PARTY
2803 10876057 A R REMOVED DAVID REAM 8/21/2013 PER REP. PARTY
2803 10808161 A R SUBMITTED KATHERINE WHITEHILL 8/2112013 PER REP. PARTY
2807 10828028 A D REMOVED JENNIFER HOLMES 8/21/2013 PER DEM. PARTY
2807 11390910 A D SUBMITTED BRIAN MCKAY 8/2112013 PER DEM. PARTY
2808 10825712 A D REMOVED CAROL APPLETON 8/21/2013 PER DEM. PARTY
2808 10837698 A D SUBMITTED NICHOll HOSKINS 8/21/2013 PER DEM. PARTY
2924 11570182 J R SUBMITTED CHERI WALTERS 7/17/2013 PER REP. PARTY
2928 10827006 J R REMOVED DEBORAH BOBBITT 7/23/2013 PER REP. PARTY
liu·esday,Aug·ust27 201j'·,· .. ·· ... ·· ... ·· ... ·· ..... ·illill.'IlIIU.,tllII • .... I' ... '.liIiI' ...... ~!lI!II".,I.nl .. H·'· .. ,· ... •• ... •• ... '· ... ··Page·4of... j l MPCT VUID# J/A Pty Name Date COMMENTS 2928 10878518 J R SUBMITTED KATHY CAMERON 8/21/2013 PER REP. PARTY
3016 10788349 A R REMOVED JANET REYNOLDS 8/20/2013 PER REP. PARTY
3016 10886750 A R SUBMITTED MEREDITH MACLEOD 8/20/2013 PER REP. PARTY
3021 A 0 REMOVED LESLIE COPMTON 8/15/2013 PER DEM. PARTY
3045 10803052 A R REMOVED SOLIA CANALES 8/21/2013 PER REP. PARTY
3051 10844497 A R REMOVED CAROL FOWLER 7/23/2013 PER REP. PARTY
3051 11734565 A R SUBMITTED DELMAS PARKER 81712013 PER REP. PARTY
3070 10853714 J 0 REMOVED JOHNNIE GOINS 8/6/2013 PER DEM. PARTY
3070 10855289 J 0 SUBMITTED RICHARD BURNEY 8/612013 PER DEM. PARTY
3100 10841153 A R REMOVED JUDITH WORTHINGTON 7/19/2013 PER REP. PARTY
3106 10828929 J 0 REMOVED SHANE CHARBONNET 8/15/2013 PER COM. DIST 3
3106 10849396 A R REMOVED BETTY BLANKENSHIP 8/21/2013 PER REP. PARTY
3202 10866040 J 0 REMOVED PAUL DE LA GARZA UND 8/15/2013 PER DEM. PARTY SENKEL
3207 10852869 J R REMOVED BARBARA THOMAS 8/6/2013 PER REP. PARTY
't~"e'sdaY7Aug·U-st271,2013'-·I"'I'"''Iliill''''''''''''''''''''''''''' ... u ... ·· ... •· ... •· ...... •·•·· ... ·• .. •· ... •· .. ·· ... ·• .. ·· ... ··""·· ... ··Page·Sof-j MPCT VUID # JIA Ply Name Date COMMENTS 3207 10850808 J R SUBMITTED KENNETH 8/612013 PER REP. PARTY HOLLINGSWORTH
3616 10888249 J 0 SUBMITTED JAMES COLLIER 8/6/2013 PER DEM. PARTY
3805 A R REMOVED JUDITH HILL 8/21/2013 PER REP. PARTY
3805 10844299 A R SUBMITTED PAUL CONNET 8/21/2013 PER REP. PARTY
4009 10808161 A R REMOVED KATHERINE WHITEHILL 8/21/2013 PER REP. PARTY
4018 10809300 J 0 REMOVED MARGARET L REY 8/6/2013 PER DEM. PARTY
4028 10804547 J 0 REMOVED PATRICIA STEPHENS 8/6/2013 PER DEM. PARTY
4028 10837467 J 0 SUBMITTED BRENDA KAY MOODY 8/6/2013 PER DEM. PARTY
4065 10841596 J 0 REMOVED BENNIE SEPULVEDA 8/6/2013 PER DEM. PARTY
4065 10794397 J 0 SUBMITTED MICHAEL DEL TORO 8/26/2013 PER DEM. PARTY
4070 10846126 J 0 REMOVED MONICA SOTO 8/6/2013 PER DEM. PARTY
4070 11775491 J 0 SUBMITTED RANDY SMITH 8/6/2013 PER DEM. PARTY
4073 11566150 J 0 SUBMITTED GEORGE McCULLEY 8/6/2013 PER DEM. PARTY
4077 10839325 A R SUBMITTED BARBARA BOGER 7/17/2013 PER REP. PARTY
·T'U... e'sday7Aug'us't27·,100 2013·iIIIIIll." ...... •• ... •• ... ··""·· ... •• ... •• ... •• ... ··""·· ... ··""·· ... •• ... •• ... ••••• ... •• ... ··Page'Sot""j MPCT VUID# J/A Ply Name Date COMMENTS 4300 10849275 J D REMOVED ANITA L. MARTINEZ 8/6/2013 PER DEM. PARTY
4300 10843334 J D SUBMITTED RUTHIE M. MONTEZ 8/6/2013 PER DEM. PARTY
4517 10857977 J D SUBMITTED JANET KEMP 8/26/2013 PER DEM. PARTY
4522 10844254 J D SUBMITTED EVELYN GRAY 8/6/2013 PER DEM. PARTY
4616 10820686 A D SUBMITTED MARGARET A 8/6/2013 PER OEM. PARTY VENTERS
'tuesdaY7A~g·~si27J:l61j'''U'''I''''.t'i\\UI'''''''''''''''''''''''''''' ...... 'u.. ··Page·7ot"'"j COURT ORDER ORDER NO. _2_0_1__ 1_4 3 t
DATE: September 3,2013
STATE OF TEXAS §
COUNTY OF DALLAS §
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County,
Texas, held on the __-"3'-"' ____ day of __-"S"'e"'p"'te"'m!..!!b"'e"'r ______., 2013, on motion made by John Wiley Price, Commissioner of District 3 and seconded by
_D_r_._E_l_b_a_G_a_rc_l_·a-,-, _C_o_mm_i_s_s_io_n_e_r_o_f_D_i_s_t_rl_'c_t_4 ____ , the following Order was adopted:
WHEREAS, Dallas County Commissioners Court was briefed on Tuesday, August 27, 2013 on the State Fair of Texas Exhibitor agreement for the Dallas County Elections Department voter registration drive efforts during the 2013 State Fair Season; and
WHEREAS, the State Fair of Texas Exhibitor booth rented without charge to Dallas County, as the State Fair of Texas will waive booth rental fees, will be manned each day during the 2013 State Fair Season to increase voter registration in Dallas County; and
WHEREAS, Texas Administrative Code Section 81.12 provides funding for the cost of participation including the purchase of season passes for employees manning the booth for Dallas County; and
WHEREAS, Dallas County full-time employees and volunteers, who will sign a Volunteer Release and Waiver of Liability for insurance coverage, will man the booth and perform voter registration tasks.
WHEREAS, Approval by signature for the State Fair of Texas Exhibitor agreement for voter registration efforts in compliance with the County's Strategic Plan Vision 1, Strategy 1.5, "to meet and execute changes in systems, technology, and demographic make-up of Dallas County."
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioners' Court, Dallas County, Texas hereby approves and that the Dallas County Judge sign the State Fair of Texas Exhibitor Agreement.
rd 3 day Of __---'S""e"'p""te""m""""~""r--_ 204;2 a~~.Mi)Ch~ ~ Dr. Theresa Daniel Mike Cantrell Commissioner, District No.1 Com 'ssioner, District No.2
District No.4 INVOICE: «INVOICE»
EXHIBITS CONTRACT STATE FAIR OF TEXAS P.O. Box 150009 Dallas, TX 75315
This Exhibits Contract (the "Agreement"), dated and effective as of June 13 , 2013 (the "Effective Date"), is entered into by and between the STATE FAIR OF TEXAS, a Texas nonprofit corporation with its principal offices at 3921 Martin Luther King, Jr. Blvd. (Fair Park), Dallas, TX 75210 ("SFT"), and Dallas County ("Exhibitor"). SFT and Exhibitor are collectively referred to in this Agreement as the "parties" and respectively as a "party" hereto. For the good and valuable consideration acknowledged herein and intending to be legally bound, the parties agree as follows:
EXHIBITOR: Dallas County
Mailing Address: 2377 N. Stemmons Freeway, Ste. 820, Dallas, TX, US
Products/Services: Dallas County election printed material
EXHIBIT SPACE: Area/Building: Coliseum Market Place Address: 1438 Coliseum Drive, Dallas, TX 75210
Exhibit Space #: NA Size: 8' x 10'
TOTAL RENTAL FEE ...... $Q Deposit (due upon execution of Agreement) ...... $Q Balance Due ...... $Q
GENERAL LIABILITY INSURANCE FEE < 1. Purpose. SFT hereby leases to Exhibitor the exhibit space specified herein (the "Exhibit Space") during the 2013 State Fair of Texas® (the "2013 Fair") in Fair Park, Dallas, Dallas County, Texas. Exhibitor shall install and safely operate a commercial exhibit as listed above (Exhibitor's "Exhibit") during the term hereof and in the locations herein described (the "Exhibit Space"). The Exhibit Space shall be used solely for the purpose of the promotion, demonstration, sale or distribution of the products or services as listed in this Agreement, and any variation or deviation from such purpose shall be sufficient grounds for cancellation of this Agreement at the sole and reasonable discretion of SFT. 2. Term. SFT will host the 2013 Fair in Fair Park, Dallas, Texas, from Friday, September 27,2013, through Sunday, October 20,2013. The term of this Agreement shall be from the Effective Date first written herein above through Sunday, October 20, 2013 (the "Term"); provided, however, that the above named Exhibit shall be on the grounds of Fair Park and available for inspection by SFT so as to be ready for operation by call time on September 27, 2013 (the "Opening Day" of the 2013 Fair). Additionally, SFT shall allow Exhibitor a reasonable amount of time following October 20, 2013 (the "Closing Day" of the 2013 Fair), not to exceed three (3) days, to remove any of Exhibitor's equipment, merchandise or displays from the Exhibit location. 3. Rules and Fees. This Agreement is made subject to the Rules and Regulations of SFT's Exhibits Department, as modified from time to time, which have been provided to Exhibitor and are made a part hereof for all purposes as though copied fully herein. SFT shall have no obligation to pay any commissions or other compensation to any agent or other representative of Exhibitor. EXHIBITS CONTRACT- Page 1 of 7 Exhibits~2013-2 4. Exhibits and Products. (A) Products Statement. Prior to entry onto SFT premises under this Agreement, Exhibitor shall submit to SFT's Director of Exhibits (the "Director-Exhibits") a detailed written statement describing the products, goods, services or merchandise (collectively "Products") that Exhibitor intends to demonstrate, sell or otherwise distribute. No Products of any kind may be demonstrated, sold or distributed until the Exhibitor has first obtained the prior written approval of the Director-Exhibits. Notwithstanding such prior written approval, any deviation by Exhibitor from the above required detailed statement or any unauthorized sale of Products shall be grounds for cancellation of this Agreement by SFT. Exhibitor shall not give, sell, or otherwise distribute any Product which will in any way conflict with SFT or which may be the subject matter of any privilege or concession which may be granted or sold by SFT (e.g. hats, balloons, t-shirts, or bumper stickers), unless a sample thereof is submitted to the Director-Exhibits and prior written approval for the sale or distribution of such Product is obtained from SFT. SFT shall have sole and absolute discretion in allowing or disallowing the sale or distribution of any Product. (B) SFT's Booking Rights. SFT reserves the right to contract for any Exhibit or Product deemed by SFT, in its sole and absolute discretion, to be in the best interest of the 2013 Fair, even though a similar Exhibit or Product is already under contract with other exhibitors. SFT reserves the right, in its sole and absolute discretion, to award Exhibit Space within Fair Park which may contain competitive, similar or the same Products offered for sale by Exhibitor or other exhibitors within the same proximity. The awarding of exclusive privileges lies solely and absolutely within the discretion of SFT and no exclusivity is intended to be expressed or implied by this Agreement, nor shall any be construed here from. 5. Operating Schedule. Exhibitor's Exhibit shall be properly installed and ready to open by 10:00 AM. on Opening Day of the 2013 Fair, unless a delay has been approved in writing by the Director-Exhibits. Exhibitor's Exhibit must remain open from 10:00 AM. to 10:00 P.M. Friday and Saturday; and 10:00 AM. to 9:00 P.M. Sunday through Thursday during the 2013 Fair (the "Operating Hours"). SFT shall have the right to cancel this Agreement if Exhibitor fails to adhere to the Operating Hours and Exhibitor shall forfeit all of its rights to the contracted space, the improvements therein and the rental fee paid to SFT. 6. Exhibit Operation. Each Exhibit shall be constructed in a good and workmanlike manner and shall be maintained in an orderly, sanitary and safe condition by Exhibitor during the 2013 Fair. Exhibitor's Personnel (defined herein) MUST be on duty at the Exhibit at all times during Operating Hours of the 2013 Fair, and the Exhibit shall remain in place and staffed until 9:00 P.M. on the Closing Day of the 2013 Fair. 7. Audio Displays. The demonstration of sound amplification devices is prohibited; provided, however, that Exhibitor may use demonstrative displays in their Exhibit. The mechanical operations of recording, digital, tape or compact disc players may be displayed, but any recorded sound emission therefrom is prohibited. Subsequent to obtaining written permission from the Director-Exhibits, organ, piano or other musical instruments may be played at reasonable intervals so long as emission of sounds are not audibly offensive to neighboring exhibitors. Sound should be directed only into the Exhibit Space or vertically into the air. No entertainment of any sort will be presented within the Exhibit without prior written approval of the Director-Exhibits. 8. Video Display. Television or video display equipment may not be installed without compliance by Exhibitor of the following prerequisites: (A) Exhibitor must obtain prior written approval from the Director-Exhibits for use of any television equipment; (B) Prior to installation of any television equipment, Exhibitor shall furnish to the Director-Exhibits evidence of financial responsibility sufficient to cover the full cost of any damage to the equipment or damage to SFT's property caused by its installation, operation or removal; and (C) Exhibitor, at its sole cost and liability, shall be solely responsible for compliance and payment for all applicable licenses, fees, copyright and intellectual property requirements. 9. Exhibit Installation. (A) Signs and Banners. All signs, banners and other advertisements must be affixed to the back wall of the Exhibit Space and approved by the Director-Exhibits. No signs, banners, wires, advertisements, decorations or obstruction of any kind may extend from or to the ceiling, across the aisles, walkways, thresholds, or streets of the building or area in which the Exhibit Space is located. No structure or material of any kind whatsoever may EXHIBITS CONTRACT- Page 2 of 7 Exhibits-2013-2 extend higher than eight feet (8') above ground or floor level, unless prior written approval is obtained from the Director-Exhibits. (B) Indoor Exhibit Obstructions. Exhibits located in the Embarcadero, Coliseum Market Place and Gateway Pavilion areas should be installed in such a manner as to not obstruct the view or access of other exhibitors and their exhibit booths. Exhibitor shall comply with the Rules and Regulations of SFT's Exhibits Department (see SFT's Exhibitor Rules & Regs #17). If Exhibitor plans to construct a custom indoor Exhibit which is not in accordance with the specifications in the Rules and Regulations of SFT's Exhibits Department, then such plans must be submitted in writing to the Director-Exhibits for approval. 10. Exhibit Space. Exhibitor, at its sole cost and liability, shall be responsible for any and all improvements, decorations and construction within the contracted Exhibit Space. Exhibitor shall inspect the building and Exhibit Space and accepts same "as is." In no case, however, shall any improvements or construction be undertaken by Exhibitor within the Exhibit Space without the express prior written approval of the Director-Exhibits. Within three (3) days after the Closing Day of the 2013 Fair, Exhibitor shall remove all of said improvements at its sole cost and liability. Upon termination of this Agreement, Exhibitor shall deliver possession of the Exhibit Space to SFT, and said Exhibit Space shall be restored to the same condition as that which existed upon Exhibitor's entry thereon, reasonable wear and tear excepted. Failure by Exhibitor to remove any improvements installed by Exhibitor within the time provided herein, shall result in the forfeiture of all rights and claims Exhibitor may have to said improvements and SFT shall acquire such improvements in total. In addition, any improvements by Exhibitor will then be removed by SFT and Exhibitor shall be financially responsible for all costs and expense associated therewith. SFT shall not be liable in any manner whatsoever to Exhibitor for the abandoned improvements. Additionally, Exhibitor shall be responsible for any damages to any facilities of SFT including the removal of boards, wires, nails, staples, etc., as well as the restoration of the Exhibit Space, booths, floors, side walls and mechanical equipment, normal wear and tear excepted. It is specifically agreed that the floors of the contracted Exhibit Space are not to be painted. The cost of labor and material to restore the facilities shall be at the sole cost and liability of Exhibitor. 11. Contractual Relationship. SFT and Exhibitor are independent contracting parties, and nothing contained in this Agreement shall be deemed to create a partnership, joint venture, agency or employment relationship between them, nor does it grant either party any authority to assume or create any obligation on behalf of or in the name of the other. Neither party shall have any control or right of control in regard to the other party's employees, agents or independent contractors. SFT shall not be liable for any salaries or sums of money due Exhibitor's employees, agents or independent contractors (collectively "Exhibitor's Personnel") or any expenses or debts incurred by Exhibitor, except as specifically set forth herein. 12. Objectionable Conduct. SFT reserves the right to cancel this Agreement, if in its sole and reasonable discretion, the business or Exhibit of Exhibitor, or the manner of conducting same, is objectionable to SFT patrons, or is at variance with that represented at the time of execution of this Agreement, in which event the property of Exhibitor may be removed from the grounds of SFT at Exhibitor's cost and liability and all payments previously made under this Agreement shall be forfeited. SFT reserves the right to cancel this Agreement, if in its sole and reasonable discretion, the Exhibit is mismanaged, or due to lack of personal attention, unnecessary disturbances, intoxication, or the illegal use of controlled substances on the part of Exhibitor or Exhibitor's Personnel, or for any other reason which in the sole and reasonable discretion of SFT warrants cancellation in the best interest of SFT or its patrons. 13. Exhibit Location. SFT reserves the right to require Exhibitor to relocate an existing Exhibit Space to another suitable location, if SFT is required to do so by the City of Dallas or SFT considers it to be in the best interest of the 2013 Fair. Additionally, SFT reserves the right to require Exhibitor to surrender the contracted Exhibit Space due to any unforeseen circumstances or if SFT considers it to be in the best interest of the 2013 Fair. In such circumstance where Exhibitor is required to surrender its Exhibit Space, SFT shall try to relocate Exhibitor to another suitable location, and if unable to do so, will refund all rental fee payments on a pro-rata basis. 14. Solicitation by Exhibit Personnel. Exhibitor's Personnel shall restrict their sales, solicitation and demonstration efforts to the area within the contracted Exhibit Space as specified by SFT. Under no conditions may Exhibitor or its Personnel exhibit, distribute, sell or demonstrate anything outside of the Exhibit Space. 15. Admission Passes. Admission passes issued to Exhibitor are solely for the use of Exhibitor and its Personnel manning the Exhibit Space and are not to be sold, altered or transferred under any circumstances. 16. Limited Liability. SFT shall not be liable to Exhibitor, either in contract, tort or otherwise, for any consequential, incidental, indirect, reliance, special or punitive damages, or any lost profits, loss of future revenue or income, or any diminution of value or multiple of earnings damages, which may be caused directly or indirectly from any: (i) breach or EXHIBITS CONTRACT- Page 3 of 7 Exhibits-2013-2 alleged breach of this Agreement; (ii) termination of this Agreement for any reasons specified herein; (iii) time delays; (iv) inadequacies of services of SFT; or (v) use of Fair Park, SFT's property, or the contracted Exhibit Space, or any deficiency or defect therein. 17. No Indemnification by Exhibitor. SFT acknowledges and agrees that Exhibitor is prohibited by Article XI, Section 7 of the Texas Constitution from indemnifying it or any other third party for damages arising under this Agreement. 18. Insurance Requirements. SFT recognizes that Exhibitor is self-insured to the extent authorized by law. 19. Sovereign Immunity. This Agreement is expressly made subject to Exhibitor's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state laws. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that Exhibitor has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary. 20. Notices. All notices given to either party regarding this Agreement shall be effective only if in writing and given to SFT by U.S. mail (first class certified mail, postage prepaid) to State Fair of Texas, P.O. Box 150009, Dallas, TX 75315, or by overnight/private courier to State Fair of Texas, 3921 Martin Luther King, Jr. Blvd. (Fair Park), Dallas, TX 75210; and to Exhibitor by personal delivery to Dallas County Elections Department, Attn: Toni Pippins-Poole, Elections Administrator, 2377 N. Stemmons Freeway, Suite 820, Dallas, Texas 75207, or by U.S. mail (first class certified mail, postage prepaid) or by overnight/private courier to the address specified herein above in this Agreement. Notices shall be effective upon mailing (return receipt requested), deposit with a nationally recognized private courier service (with receipt of delivery), or by personal service on an owner/officer of the parties (with receipt of service). 21. Cancellation for Breach. (A) SFT may cancel this Agreement, without SFT incurring any liability for such cancellation, if Exhibitor: (i) repudiates or breaches any of the terms of this Agreement; (ii) is involved in any litigation or material controversy which adversely affects SFT; (iii) engages in any conduct which constitutes bad faith, willful malfeasance or material violation of applicable law; or (iv) fails to make progress so as to endanger timely and proper completion of its services; and does not correct such failure or breach within three (3) days, or such shorter period if reasonable under the circumstances, after receipt of written notice from SFT specifying such failure or breach. (B) Prior to Opening Day and upon ten (10) days prior written notice to Exhibitor, SFT may cancel this Agreement, with or without cause. eC) The foregoing remedies are in addition to, and not in lieu of, any other rights or remedies that a party may have at law or in equity. 22. Force Majeure. Any delay or failure of either party to perform its obligations hereunder shall be excused to the extent that it is caused by an event or occurrence beyond its reasonable control such as, by way of example and not by way of limitation: acts of God, actions by governmental authority (whether valid or invalid), fires, floods, windstorms, explosions, public emergency or calamity, terrorist acts, riots, natural disasters, wars or sabotage; provided the party claiming force majeure promptly notifies the other party of the event of force majeure, the anticipated duration of the event of force majeure, and the steps being taken to remedy the failure. Should the event of force majeure continue beyond a reasonable time period according to the specific circumstances, either party may cancel this Agreement. 23. Third-Party Beneficiaries and Assigns. This Agreement shall be and is a personal agreement by and between SFT and Exhibitor and shall not inure to the benefit of any third parties. Exhibitor does not have the right, nor shall Exhibitor attempt, to assign this Agreement or any of the privileges granted hereunder or sublet any of the Exhibit Space, and any attempted assignment or sublet by Exhibitor shall be grounds for immediate cancellation of this Agreement at the sole and absolute discretion of SFT. Cancellation of this Agreement for any of the foregoing reasons shall result in the automatic forfeiture of any and all rental payments made by Exhibitor to SFT. 24. Trademarks. Exhibitor agrees and acknowledges that it has no interest in the ownership of, or right to make any use of, any of SFT's domain names, logos, trademarks or service marks, including unregistered marks as well as marks which have been registered with the United States Patent and Trademark Office, State of Texas or the U.S. Customs Service (SFT's "Marks"), and prior to making use of such Marks, shall obtain the prior written approval of SFT. Exhibitor acknowledges that SFT is the owner of certain registered Marks, including STATE FAIR OF TEXAS®, BIG TEX®, BIG TEX® (figure), TEXAS STATE FAIR®, SFT® (logo), PAN AMERICAN LIVESTOCK EXPOSITION®, SUMMER PLACE®, HERITAGE HALL OF HONOR®, TEXAS SKYWAY®, ConoN BOWL®, FRIED FOOD CAPITAL OF TEXAS® and SUMMER ADVENTURES IN FAIR PARK™ EXHIBITS CONTRACT- Page 4 of 7 Exhibits-2013-2 25. Waiver of Rules. Exhibitor shall not have the right to cancel, modify or change this Agreement or SFT's Exhibitor Rules and Regulations because of the violation of such Agreement or Exhibitor Rules and Regulations by other exhibitors. Failure by SFT to correct violations, if any, of others shall not affect the performance of this Agreement by Exhibitor. 26. Transfer, Assignment or Delegation. Exhibitor shall not have the right to assign, delegate or transfer its rights, duties or obligations under this Agreement without the prior written consent of SFT. 27. Contest Administration. Exhibitor, at its sole option and after providing written notice to SFT, may offer to the general public a sweepstakes, contest, raffle, gift giveaway or drawing (the "Contest") from the Exhibit Space during the 2013 Fair. If Exhibitor elects to offer such Contest, Exhibitor represents and warrants to SFT that it will comply with all federal, state and local laws regarding the operation and administration of the Contest. Furthermore, Exhibitor shall be hereby prohibited from selling, distributing or otherwise disseminating to third parties any data collected from patrons at the 2013 Fair. For informational purposes only, a copy of the official rules of the Contest shall be submitted to SFT on or before September 15, 2013. SFT does not endorse or promote the proposed Contest, nor any products or services of Exhibitor, and SFT relies solely on Exhibitor to operate the Contest in a permissible, authorized and lawful manner. 28. Representations and Warranties. Exhibitor hereby represents and warrants to SFT and agrees as follows: (A) Exhibitor has the full power and authority to enter into this Agreement and perform each of its obligations hereunder; (6) Exhibitor is legally authorized and has obtained all necessary regulatory approvals for the execution, delivery, and performance of this Agreement; (C) Exhibitor is self-insured to the extent authorized by law; (D) Exhibitor is responsible for compliance with all laws involving, but not limited to, employment of labor, hours of labor, health and safety, working conditions and payment of wages of its Personnel; (E) Exhibitor is responsible for compliance with all laws involving, but not limited to, the operation and administration of any Contest offered during the 2013 Fair; (F) Exhibitor is an authorized, licensed or lawful vendor of the Products it intends to sell, distribute or display under this Agreement and Exhibitor has secured all of the required authorization and valid licenses for the sale, distribution or display of any brand-name products, including any copyrighted, trademarked, or licensed merchandise; (G) Exhibitor has inspected its Exhibit, display and equipment and the Exhibit, display and equipment are free from mechanical defect or hazardous condition and safe for operation at the 2013 Fair; and (H) Exhibitor will perform its obligations hereunder in a timely fashion. 29. General Provisions. (A) Time of the Essence. Time is of the essence in the performance and satisfaction of all terms, conditions and obligations hereunder. (6) Rules and Laws. Exhibitor, in performance of its obligations under this Agreement, shall abide by and comply with all applicable rules and regulations of SFT, including SFT's Exhibitor Rules and Regulations, which have been provided to Exhibitor and are made a part hereof for all purposes as if copied fully herein. In addition, both parties shall abide by and comply with all applicable federal, state and municipal laws, ordinances and regulations, even though same are not specifically set forth herein. (C) Nondiscrimination. In conducting its operations hereunder Exhibitor will not discriminate against any employee, applicant for employment, customer or patron on the basis of age, sex, race, disability, religion, citizenship, veteran status, national or ethnic origin. (D) Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to its conflict of law principles. If any legal action is EXHIBITS CONTRACT- Page 5 of 7 Exhibits-2013-2 necessary to enforce this Agreement, or for any dispute arising out of the operations or actions contemplated herein, exclusive venue shall lie in Dallas County, Texas. (E) Entire Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all other contracts between the parties, oral or written, relating to the subject matter of this Agreement. There are no unwritten or oral agreements between the parties. EACH PARTY ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY STATEMENT, REPRESENTATION OR PROMISE OF THE OTHER PARTY, NOR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES, TO INDUCE IT TO ENTER INTO THIS AGREEMENT, EXCEPT TO THE EXTENT SPECIFICALLY SET FORTH IN THIS AGREEMENT (F) Amendment. This Agreement is not subject to amendment or reformation except by written agreement executed by both parties. (G) Waiver. Failure of a party to insist upon strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies provided for herein shall not be deemed as a waiver or relinquishment in the future of any such provision, right or remedy. (H) Severability. If any part of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining part shall remain in full force and effect and the parties shall promptly negotiate to replace invalid or unenforceable portions that are essential parts of this Agreement. (I) Interpretation. This Agreement shall be fairly interpreted in accordance with its terms and without any strict construction in favor or against either party hereto and ambiguities shall not be construed against the drafting party. All references to "Paragraphs" or "Sections" contained in this Agreement are, unless specifically indicated otherwise, references to paragraphs of this Agreement. Captions and headings of the paragraphs or sections of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of this Agreement, nor shall they be employed to interpret or aid in the construction of this Agreement. Whenever in this Agreement the singular number is used, the same shall include the plural where appropriate (and vice versa), and words of any gender shall include each other gender where appropriate. As used in this Agreement, the following words or phrases shall have the meanings indicated: (i) "or" means "and/or"; (ii) "include," "including," and their derivatives means "including without limitation"; (iii) "laws" means statutes, regulations, rules, judicial orders, and other legal pronouncements having the effect of law; and (iv) "person" means any individual, corporation, partnership, limited liability company, joint venture, trust, unincorporated association, or other form of business or legal entity or governmental entity. (J) Counterparts. This Agreement may be signed in counterparts which, together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic means (e.g., electronic mail or PDF) shall be effective as delivery of a manually executed counterpart to Agreement. [Signatures FolJowing On The Next Page] EXHIBITS CONTRACT- Page 6 of 7 Exhibits-2013-2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers/owners, and declare this Agr~ment effective as of the Effective Date stated herein above. . \ EXHIBITOR: By { {\ ~(S~ign=a~tu=~)~--~~~~~------ Clay Lewis J,en (Printed Name) Dallas County Judge (Title) APPROVED AS TO FORM*: CRAIG WATKINS DISTRICT ATTORNEY TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION (AhAAi CUW/))J)Jv{ Abril Aberasturi Assistant District Attorney *BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT. OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OTHER PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S). STATE FAIR OF TEXAS: By: ERROL McKOY, President By: JAIME NAVARRO, CFO/SVP, Finance By: DEBBIE DELLINGER, Director, Indoor Exhibits EXHIBITS CONTRACT- Page 7 of 7 Exhibits-2013-2 State Fair Voter Registration Drive September/October 2013 Sun Mon Tue Wed Thu Fri Sat 27 28 I-FT + I-Volunteer I-FT + I-Volunteer 9am-4pm 9am-4pm I-FT + I-Volunteer I-FT + I-Volunteer 4pm-1Opm 4pm-1Opm 29 30 I 2 3 4 5 I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + 1-Volunteer J-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm I-FT + 1-Volunteer I-FT+ I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + 1- Volunteer J-FT + I-Volunteer J-FT + I-Volunteer 4pm-9pm 4pm-9pm 4pm-9pm 4pm-9pm 4pm-9pm 4pm-IOpm 4pm-1Opm 6 7 8 9 10 II 12 I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + 1- Volunteer 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT+ I-Volunteer I-FT + I-Volunteer 4pm-9pm 4pm-9pm 4pm-9pm 4pm-9pm 4pm-9pm 4pm-IOpm 4pm-1Opm 13 14 15 16 17 18 19 I-FT + I-Volunteer I-FT + I-Volunteer J-FT + I-Volunteer J-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm 9am-4pm I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer I-FT + 1-Volunteer I-FT + I-Volunteer I-FT + I-Volunteer 4pm-9pm 4pm-9pm 4pm-9pm 4pm-9pm 4pm-9pm 4pm-IOpm 4pm-1Opm 20 I-FT + I-Volunteer 9am-4pm I-FT + I-Volunteer 4pm-9pm Volunteer Release and Waiver of Liability This Release and Waiver of Liability (the "Release") is executed on this __day of ---,-,-,--c--- 2013, by (the "Volunteer") in favor of Dallas County, Dallas County Commissioners, elected officials, appointed officials, officers, directors, employees, agents, and representatives ("Dallas County"). 1. Release and Waiver. Volunteer does hereby release and forever discharge and hold harmless Dallas County from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that arise or may hereafter arise from Volunteer's activities with Dallas County, including, without limitation, volunteering activities with respect to the State Fair of Texas ("Volunteer Activities"). VOLUNTEER UNDERSTANDS THAT THIS RELEASE DISCHARGES DALLAS COUNTY FROM ANY LIABILITY OR CLAIM THAT THE VOLUNTEER MAY HAVE AGAINST DALLAS COUNTY WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM VOLUNTEER'S ACTIVITIES WITH DALLAS COUNTY, WHETHER CAUSED BY THE NEGLIGENCE OF DALLAS COUNTY OR OTHERWISE. VOLUNTEER ALSO UNDERSTANDS THAT DALLAS COUNTY DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABlLlTY INSURANCE IN THE EVENT OF INJURY OR ILLNESS. 2. Medical Treatment. Volunteer does hereby release and forever discharge Dallas County from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Volunteer's activities with Dallas County. 3. Insnrance. The Volunteer understands that Dallas County does not carry or maintain health, medical, or disability insurance coverage for any Volunteer. Volunteer acknowledges that Volunteer is not acting as an employee of contractor of Dallas County in connection with Volunteer Activities and therefore Volunteer is not covered by worker's compensation benefits. Each Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage. 4. Other. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Texas. Volunteer also agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. IN WITNESS WHEREOF, Volunteer has executed this Release as of the day and year first above written. Volunteer: ______Witness: ______DALLAS COUNTY:! ! ' U!~i 1L Ry CI.; I;'''' f Dallas County J~ g;~ V APPROVED AS TO FORM': CRAIG WATKINS DISTRICT ATTORNEY TERESA GUERRA SNELSON CHIEF, CIVIL DNISION (dWj~w' Abril Aberasturi Assistant District Attorney *BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS, IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES, OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT, OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT, OTHER PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S), !"ill! I-?CU. :21 COURT ORDER ORDER NO. _____;,013 1432_ DATE: September3,2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 3,d day of September 2013 on motion made by John Wiley Price, Commissioner of District 3 and seconded by Dr. Elba Garcia, Commissioner of District 4 the following order was adopted: WHEREAS, on September 3, 2013, the Dallas County Commissioner Court was briefed by the Dallas County Elections Department concerning the fiscal and logistical planning/programming to bold Dallas County's own Voter Registration Day events on September 24,2013; and WHEREAS, September 24, 2013 is recognized as National Voter Registration Day across the United States of America; and WHEREAS, Dallas County would benefit from a highly focused effort to register and update the registration infonnation of Dallas County voters; and WHEREAS, this action supports Vision I of the County's Strategic Plan; and WHEREAS, The Dallas County Elections Department has requested immediate briefing and approval of staging Dallas County's own Voter Registration Day; then IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby approve ofthe Dallas County Elections Department efforts, to include the expenditure of human capital and monetary resources as described in its related attached brief presented this day, for the purpose~of continued planning and staging of Dallas County's National Voter Registration Day events. / DO~~ O~1f{C9URT this the ~ day of September, 2013. l/6jJ- Il~. h,) it;~ Cia it Jenkins, County Judge Dr. Theresa M. Daniel, District # , #2 / Dr. Elba GarCIa, DIstrict #4 DALLAS COUNTY ELECTIONS DEPARTMENT TONI PIPPINS-POOLE. ADMINISTRATOR Date: August 28, 2013 To: Commissioners Court From: Toni Pippins-Poole, CERA, CCPA, Elections Administrator SUbject: Rationale for Same Date Briefing and Court Order The Elections Department is requesting the following item to be placed on same date briefing and court order so as to not affect the Dallas County Elections Department's (DCED) ability to plan and implement the National Voter Registration Day 2013 event set to take place on September 24, 2013. As part of this important event, the DCED will have to contact and supply materials to approximately 166 schools, 15 colleges and 8 government centers. Already, DCED has expended considerable time and human capital to meticulously and carefully plan and develop NVRD 2013 so that it can be presented to this Court; and, due to the closeness of time of the planned activities, a timely approval is essential. Delay of the Court's approval will jeopardize or prevent Dallas County's ability to provide an exceptional opportunity to register potential voters of Dallas County. Recommended for Approval By: " /, . /) /) (. _. -ltJif~ ~Toni Pippil1s-P 0 e, Elections Administrator 2377 N. STEMMONS FREEWAY, SUITE 820 DALLAS, TEXAS 75207 Lakehill Preparatory Skyline Life School: Oak Cliff Smith, A. Maceo Master's Academy South Garland High School Maya Angelou High South Grand Prairie High School Memorial Pathway Academy South Oak Cliff Mesorah High Spruce, H. Grady Newfound School Sunnyvale High School North Dallas Adventist Academy Sunset Oak Hill Academy Townview Ovilla Christian Washington, Booker T Parish Episcopal White, W. T. Pegasus Charter Wilmer~Hutchins Prince of Peace Christian Wilson, Woodrow Rockwall Christian Academy Shelton School St. Marks Stone Gate Christian Texas Torah Institute The Alexander School The Canterbury Episcopal The Fairhill School The Southern Baptist Academy Online School The St. Anthony School The Westwood School Trinity Christian Academy Trinity Christian School Turning Point Christian Academy Tyler Street Christian Academy Universal Academy Universal Academy: Coppell Uplift Education: Hampton Uplift Education: North Hills Uplift Education: Peak Uplift Education: Williams Ursuline Academy Vanguard Preparatory Winfree Academy: Grand Prairie Winfree Academy: Irving Winfree Academy: Richardson Winston School Yavneh Academy 1 22 COURT ORDER DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas held on the 3rd day of September, 2013 on a motion made by John Wiley Price, District 3 and seconded by Dr. E1ba Garcia, District 4 the following Order was adopted. WHEREAS, the State Property Tax Code, Sec. 31.ll, states that a refund in amounts over $5,000 for erroneous or excessive tax payments and/ or waiving penalty and interest 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 waiver of penalty and interest, and • WHEREAS, the Dallas County Auditor's Office has agreed that a special briefing is necessary for the waiver of penalty and interest for the taxpayer and WHEREAS, the Dallas County Tax Assessor / Collector has complied with the requirements of the State Property Tax Code, Sec. 33.011 & Sec. 33.08. It is the desire of the Commissioners Court to approve the attached list of request for waiver of penalty and interest. NOW THEREFORE BE IT ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners Court that the list of tax payments attached for the period ending September 3,2013 is hereby approved for refund. DONE IN OPEN COURT, this the 3r~ d, DR. THERESA M. DANIEL, COMMIS NER DISTRICT # I ~ MIKE CANTRELL, COMMISSIONER DISTRICT #2 DR. ELBA GARCIA, COMMISSIONER DISTRICT #4 Recommended by: ___~~~6~:::=::::;;;:;:~~ ______For the period ending: SEPTEMBER 3, 2013 DALLAS COUNTY TAX ASSESSOR/COLLECTOR REFUNDS FOR ERRONEOUS OR EXCESSIVE TAX PAYMENTS FOR AMOUNTS OVER $5000.00-FOR SPECIAL BRIEFING ACCOUNT NUMBER TAXPAYER REQUESTING REFUND !AMOUNT OF REFUND CHECK# 00000730937150000 HEXTER FAIR/FIRST AMERICAN $9,693.36 475657 00000183829000000 CORELOGIC TAX SERVICES, LLC $5,143.92 475731 NO PENALTY AND INTEREST WAIVED /~. /' TOTAL $14,837.28 ;>7":'\J/Yl (lou .?=V..f JVI.- , for the Dallas County Tax Assessor/Collector's Office - I I // l~.~~ ,~u ~,~ "~J-ri!r----_\-'_~--''---'---=---'-----' ______, for the Dallas County Auditor's Office COURT ORDER ORDER NO: 01"v _ DATE: September 3, 2013 STATE OF TEXAS COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of Commissioners Court ofDallas County, Texas, held on the 3,"d day ofSeptember,2013,onamotionmadeby John Wiley Price, Commissioner of Dist. 3 andsecondedby _D_r_,_E_l_ba_G_a_T_c_i_a-,",_C_omm_l_'s_s_i_o_n_e_r_o_f_D_l_' s_t_._i_4 __ , the following Court Order was adopted: WHEREAS, on September 3,2013, the Dallas County Commissioners Court was briefed regarding the Dallas County Community College District's request to update their current contract with the Dallas County Tax Office to provide property tax assessing and collecting services; and WHEREAS, the Dallas County Community College District continues to feel it is in the best interest of their taxpayers to enter into an agreement with the Dallas County Tax Assessor/Collector to receive a consolidated billing and collection service at a lower cost than can be provided by them; and WHEREAS, the Dallas County Tax Assessor/Collector will charge the Dallas County Community College District the current per parcel charge of$1.30; and WHEREAS, this recommendation is consistent with Dallas County Strategic Plan Vision 1 - Dallas County ensures the maintenance and delivery of programs and services for Dallas County stakeholders. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the Dallas County Tax Assessor/Collector to enter into a contract with the Dallas County Community College District to provide property tax assessing and collecting services and authorizes the County Jndge to sign related documents required for the execution of the contract. nl i : DONE IN OPEN COURT this the 3 day of Septen;ber, 2913 . ) /!/;I/ {{I 'i.. I CI~~~~~ () ", fliJh. MI)t1q .0, l/l -.--:" '---~ ___ l2::J~eresa Daniel, 's~ ~~~~~~~~""~~""~-,;-~" CONTRACT FOR ASSESSMENT AND COLLECTION BETWEEN THE DALLAS COUNTY TAX ASSESSOR/COLLECTOR AND THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT PURPOSE: This contract is between the Dallas County Tax Assessor/Collector ("TAC") and the Dallas County Conununity College District ("Taxing Unit") and is entered into pursuant to Section 6.24 of the Texas Property Tax Code and Sec. 791.011 of the Texas Government Code Sec. 791.011 I. SCOPE OF SERVICES 1. SERVICES TO BE RENDERED BY TAX ASSESSOR/COLLECTOR TAC shall assess and collect ad valorem property taxes upon all properties subject to the Taxing Unit's taxing jnrisdiction. and shall perform said services in the same manner and fashion as TAC collects taxes due and owing Dallas County on its own taxable properties. The services rendered hereunder shall conform with all applicable and controlling laws, rules, orders, mandates, and regulations, and shall include the following: (I) receiving the Certified Appraisal Roll from the appropriate Appraisal District(s) and monthly changes thereto, (2) providing mortgage companies, property owners and/or tax representatives tax roll and payment data, (3) providing all necessary assessments of taxes as required, (4) the transmittal oftax statements via appropriate medium (5) processing property tax payments, and (6) calculations of effective tax rates, roll back tax rates and Truth in Taxation notices for publication unless instructed otherwise. Additionally, on Taxing Unit's behalf, TAC shall (1) approve and refund erroneous or overpayments, if provided sufficient historical information by Taxing Unit, (2) approve or reject requests for waiver of penalties and interest for delinquent taxes owed, (3) prepare and issue tax certificates, and (4) prepare and/or provide infol1nation and reports to state agencies, auditors and other interested parties regarding assessments, collections and disbursements of ad valorem taxes. 2. ADDITIONAL SERVICES AVAILABLE TO TAXING UNIT TAC might further perform or render additional related services when requested by Taxing Unit, which additional services might result in additional costs and fees to be paid by Taxing Unit. Before any such additional services are conunenced by the TAC, said services and attendant costs and fees shall be confirmed by separate written agreement. 3. EXCLUSIONS The scope of services contemplated hereunder does not include the administration of a rollback election. In the event of a rollback election, regardless of the outcome, all costs incurred by the TAC on behalf of the Taxing Unit shall be in addition to the collection fees set out in the attached Notice of Annual Per Parcel Cost and shall be confirmed by separate written agreement. Should the Taxing Unit adopt a rate that will trigger a rollback election, they may obtain an estimate of fhe costs that would be incurred, regardless of the outcome of fhe election. In the event of a rollback election by the Taxing Unit, the TAC shall assume no duty or responsibility hereunder regarding (1) any matter relating to a financial or legal obligation said Taxing Unit may owe to PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013 any applicable Appraisal District; (2) tbe adoption of Taxing Unit's corrected/modified/amended tax rates, and related publications or notices pertaining thereto, or (3) any other obligation imposed by law or other controlling authority upon Taxing Unit not specifically stated in this Agreement. II. COMPENSATION In consideration of the services provided by the TAC, Taxing Unit shall pay TAC for the services provided herein, the amounts reflected in the attached Notice of Annual Per Parcel Cost. The Notice of Annual Per Parcel Cost attached hereto is incorporated herein for all purposes and constitutes a part of this contractual agreement. It is expressly understood and agreed that the Notice of Annual Per Parcel Cost might be amended over time. If the Notice of Annual Per Parcel Cost is amended in the future, the remainder of this Agreement shall remain in full force and effect unless specifically changed by supplemental, amended or a replacement Agreement. Before any such amendment may take effect, timely notice must be provided. To be considered timely, said notice shall be provided on or before the 1st day of March of each year, with an effective date of October 1 st of the new tax year. Thc TAC's compensation for performing the primary services contemplated herein shall be deducted from current collections by January 31st annually, and shall include, but not be limited to, all accounts added through supplements to the tax collection system from the certified Tax Roll received from the applicable appraisal district(s) since certification. IlL COOPERATION The Taxing Unit shall provide to the TAC, without charge, copies of all records necessary to perform the duties and responsibilities contemplated under this Agreement in the format and/or medium in which they currently exist. The Taxing Unit shall provide to the TAC all accounts involved in the establishment of a new Public Improvement District ("PID") or any additions or deletions of an existing PID. PID rates must be adopted per $100 of valuation as determined and certified by the applicable Appraisal District( s). Consistent with mandates of applicable law, the parties hereto shall assist each other in promptly complying with Public Infonnation Requests pertaining to any aspects of this Agreement. IV. NOTICE OF APPLICABLE TAX RATES Taxing Unit shall provide the TAC with timely notice regarding the adoption all applicable tax rates and exemptions, as well as related directives, orders, decisions or other matters which impact the assessment and collection of ad valorem property taxes. As used herein, the phrase "timely" shall mean adopting the applicable tax rate for the Taxing Unit and providing notice to the TAC of same no later than the 3,d Wednesday of September for each year that this Contract remains in effect. In the event that the Taxing Unit does not timely adopt its tax rate on or before the 3'd Wednesday of September and notifY TAC of same, the Taxing Unit agrees that it will bear all reasonable and additional costs incurred by TAC as a direct or indirect result of Taxing Unit's failure to timely adopt its tax rate. All such costs are in addition to the collection fees set out in the attached Notice of Annual Per Parcel Cost. PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013 2 V. DEPOSIT OF FUNDS All funds collected by the TAC on Taxing Unit' s behalf shall be promptly transferred and deposited by automated clearing house (ACH) protocol into an account designated by Taxing Unit at its depository bank. If any daily collection total is less than Twenty-five Dollars ($25.00), the distribution will be withheld until the cumulative total oftaxes collected on the Taxing Unit's behalf equals at least Twenty five Dollars ($25.00). After initiation of the aforementioned ACH transfers from the Dallas County Tax Office's Depository Account to the Taxing Unit's designated Depository Account, the TAC retains no responsibility, and shall have no liability, for the further management and processing of said funds. VI. REFUNDS Refunds will be made by the TAC on Taxing Unit's behalf only as set forth herein. The TAC will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided and made available to the TAC. The TAC agrees to issue refund checks on behalf of the Taxing Unit based on value changes as provided by the Appraisal Districts; should a Taxing Unit have insufficient collections to repay the Tax Office within 15 days then the outstanding sum must be paid in full upon notification by the Tax Office. In the event that the Taxing Unit is a party in any lawsuit regarding the collection oftaxes provided for herein, which matter is resolved by settlement or final judgment requiring the Taxing Unit to refund tax payment proceeds to a taxpayer, the TAC shall be permitted to make such refund on the Taxing Unit's behalf, and to debit such amount from tax payment proceeds currently held by the TAC on behalf of the Taxing Unit. vn. AUDIT CONTROLS The T AC shall employ and utilize appropriate intemal and extemal audit controls to insure the accuracy and integrity of their tax collection efforts on Taxing Unit's behalf. The Taxing Unit reserves the right to employ its own independent audit mechanisms and controls. When requested, the TAC shall cooperate with the Taxing Unit's independent auditors by providing necessary explanations of all reports as well as providing access to relevant databases maintained by the Dallas County Tax Office. vrn. DEI.INQUENTTAX COLLECTION In addition to the services provided herein, the TAC shall, to the fullest extent permitted by law, make all reasonable efforts to pursue the collection of delinquent ad valorem property taxes owed to the Taxing Unit. All such efforts shall include contracting with any competent attomey to represent the TAC in enforcing the collection of delinquent taxes. To avoid duplication of efforts and unnecessary costs to the taxpayer, the TAC recommends employing the same counsel for both the TAC and the Taxing Unit. Any attomey retained for such representation shall be paid in the manner permitted by law and consistent with the contract between the TAC and the attomey. In the event the Taxing Unit utilizes different legal counsel than the one employed by the TAC, the Taxing Unit agrees to pay the additional cost, if any, that are incurred in utilizing different legal counsel. All such costs are in addition to the collection fees set out in the attached Notice of AIIDual Per Parcel Cost. PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013 3 IX. NOTICES Notices required to be given to either party to this agreement shall be deemed delivered when either personally delivered. faxed with receipt confirmed, or when mailed via United States Mail, certified or registered, postage prepaid, and confirmed received by intended recipient. X. SUPPLEMENTAL SURETY BOND RECOMMENDED The TAC recommends that the Taxing Unit obtain additional and adequate surety bond for the TAC specifically related to all anticipated services to be performed and rendered hereunder, with all associated premiums for such bond to be paid by the Taxing Unit. XI. TERM AND DlJRATION OF AGREEMENT The term of this Agreement shall begin on the date oflast execution by any party hereto. and continue in full force and effect, from year to year. until such time as either party, by written notice to the other, terminate the same. Notice of termination given hereunder on or before the 1st day of April of the tax year in which the party intends termination. shall be effective immediately following the 30th day of September following such notice. XII. SOVEREIGN IMMUNITY This Contract for Assessment and Collection is expressly made subject to each party's sovereign immunities, Title 5 oftbe Texas Civil Remedies Code and all applicable state and federal law. The parties expressly agree that no provision of this Agreement is intended to in any way constitute a waiver of any immunities from suit or from liability that the parties have by operation oflaw. XIII. MISCELLANEOUS PROVISIONS This Contract for Assessment and Collection contains the entire agreement between the parties relating to the rights and obligations delegated, assumed and owed by and between the TAC and the Taxing Unit. This contract supersedes any prior understandings and agreements between the parties. written or oral, pertaining to the same subject matters. This contract shall be construed under and in accordance with the laws of the State of Texas. and all obligations herein shall be performed in Dallas County. Texas. This contract is not intended to benefit any third-party beneficiaries. This contract shall be binding upon and inure to the benefit of the parties hereto, and to their respective successors and assigns. Should one or more provisions contained herein be declared invalid. illegal. or otherwise unenforceable, such declaration shall not invalidate or adversely impact other valid. legal and enforceable provisions. and the remainder of this Agreement shall remain in full effect. PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013 4 AGREED AS TO FORM AND CONTENT: John R. Ames, CTA Date Dallas County Tax Assessor/Collector Jerry Prater, Chair Date Board of Trustees Dallas County Community College District September 3, 2013 Date APPROVED AS TO FORM: Craig Watkins, District Attorney ChC]"Teresa Guerra Snelson .'>4fi:J By: Pai}J, E. Hamilton Assi~ant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf ofits 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 legal perspective of our cHent. 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). PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013 5 DALLAS COUNTY TAX OFFICE JOHN R. AMES, eTA TAX ASSESSOR/COLLECTOR Annual Notice of Per Parcel Cost for Ad Valorem Tax Collections August 2013 Please accept this as the annual notice of the per parcel cost of collections for your Ad Valorem taxes per the agreed upon in the contract for assessment and collection with your governmental entity and the Dallas County Tax Assessor/Collector's Office. These per parcel costs will be effective with the July 2013 certified roll and will be billed and collected by January 31, 2014. 2012 Tax Year 2013 Tax Year :j~"~ar"ei~(outsiaY;~f~~q~:~SGJt~~ .••·•·••· . i'."'.'• .' ....•....•.. ) .•,1.;'(.,:< ". i)#~klertifiea..bY'a:rr!T;otllerC~i~esides1¥lfna§·iCAl'!J).i" .' . '1~J.ib1i~JmPIQ\c~fu~nlffDis~idt~:(~+p~f ...... •.. ·,:;:tiWs >appl'oRe~bith~'lPp~qp~teJ1al;lnicipa1ity) Please attach this notice to your original Assessment and Collection Contract as the official costs detennined and agreed upon by the Dallas County Auditor's Office, Tax Assessor's Offi.ce and the Commissioners Court. John R. Ames, CTA Tax Assessor/Collector PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & DCCCD - 2013 6 COURT ORDER · 'c.}, 1·,1 '... ""' ORDER NO, __2. ' __ 1 '<1'_' 11..;):;) DATE: September 3.2013 STATE OF TEXAS § § COUNTY OF DALLAS § § BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on the 3rd day of __---'S~e!ap~t!2.em!J.!.!,!b:2e!...r ______2013, on motion made by _J~o~h=n~W=i=l=eLy=P=r~i=ce~,~C~omm~i=ss~i~o=n=er~o~f=D~i~s~t~rl~·c~t~3 ______,andsecondedby _Dr_,_E_lb_a_G_ar_c_i_a.:.., _C_o_mm_l_'s_s_io_n_e_r_o_f_D_is_t_r_ic_t_4 ______, the following Order was adopted: WHEREAS, the contribution payment under the 2013 Reliant Energy CARE Program Agreement was discussed in Commissioners Court on August 27,2013; and WHEREAS, DCHHS has received a contribution payment of $50,000.00 under the 2013 Reliant Energy CARE Program for the purpose for providing funding for energy assistance payments to Reliant Energy customers with active accounts; and WHEREAS, the Reliant Energy CARE program is in compliance with Vision 2: Dallas County is a Health Community; Strategy 2.1, by providing exceptional disease prevention, health promotion and Human Service programs to the citizens of Dallas County, as contained in the Dallas County Strategic Plan, WHEREAS, the contribution payment requires the approval of the Commissioners Court. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the contribution payment of $50,000.00, under the 2013 Reliant Retail Services, LLC CARE Program ("CARE") Agreement with Dallas County Health and Human Services, for energy assistance payments to eligible Reliant Energy customers. /"\ I i DOi1op~y,~e 3m d,y of --,S""e<.t;p""te",m,"",b",er,--_ 2°'A a. (...... ~! , ~'" I1J;;J~MJ~:~ ~ ¥ / Clay Lewi§! Jen~ins Dr. Theresa M. Daniel Mike Cantrell County Judge / Commissioner, District No.1 om missioner, District .2 C///yf:? ( ·...... l'tVI./ John Wil Dr. Elba Garcia Commis Commissioner, District No.4 Reliant En,,,.,,,,, Retaii Bves LLC U72513 07/25/2013 170000·1821 $50,000.00 $50.000.00 CHECK NUMBER DATE VENDOR NUMBER 1001137 Refer to .above chec~ rmmber and voucher number when inquiring about your payment Bank j)f New 'fork Menor, Pilisbuflfh. PA 1521')4 Oat.: 0811312013 Check Numbe" 1001137 Vendor Numbo" 0000208695 Reliant energy Retail Bves LLC 211 CameSie Center, Princeton, NJ 08540 PAY Fifty thollsand and 001100 Dollars TO THE ORDER OF DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICE 2377 N STEMMONB FREEWAY AUTHOR!ZED SlGNATURE D.ilI.LLAS TX 75207 VOID WITHOUT SIGNATURE VOID AFTER NINETY PAYS COURT ORDER ORDERNO, ______013 _ 1436 DATE: September 3,2013 STATE OF TEXAS § § COUNTY OF DALLAS § § BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on the 3rd day of _-,S~e",p"-,t",em,-,-""b-,,,e,-r ______2013, on motion made by _J~o~hn~W~i=l~ey~P~r~ic~e~,~Co~mm~i~ss~i~o~ne~r~o~f~D~i~s~tr~i~c~t~3~ ______,andsecondedby _D_r_,_El_b_a_G_a_r_c_ia-",--C_omm_i_s_sl_'o_tl_e_r _o_f_D_i_s_t_rl_'c_t_4 ______, the following Order was adopted: WHEREAS, the request of DCHHS to purchase an additional enhancement to the MapVision system was discussed in Commissioners Court on August 27,2013; and WHEREAS, Dallas County Health and Human Services (DCHHS) is requesting approval to procure an additional enhancement to include Google Analytics and code modifications, to the MapVision system as required for the mosquito trap process and reporting, for a cost of $1,500.00, available from the Public Health Preparedness grant (466:0:05590:2013:0:0:08723:0), and authorization for exemption from competitive procurement under Local Government Code, Chapter 262.024(a)(2), is requested; and WHEREAS, the MapVision system is in compliance with Vision 2: Dallas County is a healthy community; Strategy 2.1, Provide exceptional disease prevention, health promotion and Human Service programs to the citizens of Dallas County. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the request of Dallas County Health and Human Services to purchase an additional enhancement to the MapVision system from Leading Edge Associates, Inc., and authorizes funds in the amount of $1 ,500.00 from the Public Health Emergency Preparedness grant, for referenced enhancement as detailed in the attachment. /\ DONE IN OPEN COU~ ;this the 3rd day of September ,2013. () / I /) 1/ /, Ii /Yk~.Y\~-- ,-,/ // --:"\ / . Clay L~Wis ..I¢nkins Dr, Theresa M. Daniel County JUd,pje~~~~~~~CLiom~m~~S~S:::io::::n~e__ , Di=u,,::ric~t=N::O::'~1~.~~~~~::..J:~~t:...4I""-" Dr. Elba Garcia Commissioner, District No.4 Recommended by: -=z;-a-c;-ha--irh'OO;~ ~'~Ith and Human Services In voice Leading Edge Associates, Inc--- Date 6/18/2013 675 S Haywood Street Waynesville, NC 28786 Invoice # 13310 Phone # 828 926 6525 [email protected] Fax # 8283930943 www.leateam.com DCHHS Grants Accounts Payable Records Bldg 509 Main Street Room 407 Dalias, TX 75202 1".0.# Ship Date 6/18/2013 Terms Due on receipt Due Date 6/18/2013 Other i ...... '.' Item ••• .. Qty PriCe. .... -Amount '.' •... .'. .' . . • •••• MapVision Customization MapVision Enhancement #3- Addition to Map 1 1,500.00 1,500.00T Vision Public Service Request Page. Include Google Analytics, code modifications. Provide testing, verification and validation and training Tax Exempt 0.00% 0.00 • .... ! ...... Address Change: $1,500.00 Leading Edge Associates, Inc. F=====C::; Total 675 S Haywood Street Thank you for your Payments/Credits $0.00 order! Balance Due $1,500.00 Waynesville NC 28786-1934 H------.J COURT ORDER ORDER NO: _____013 1437_ DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the _----"'3r"'d'--_____day of September ,2013, on motion made by ______John Wiley Price, Commissioner of District 3 ,an d secon d e d b y __D_r_, _E_l_h_a_G_a_r_c_i_a-,-,_C_o_lIlffil_'_s_s_io_n_e_r_o_f_D_l_'s_t_r_i_c_t_4 ______, the following Order was adopted: WHEREAS, the Health and Human Services/Older Adult Services Program FY 2014 Continuation Grant Application was briefed in Commissioners Court on September 3, 2013; and WHEREAS, the Dallas Area Agency on Aging has requested a Continuation Gmnt Application for the Provision of Congregate Meals, Senior Center Operations and Transportation Services fOl' tbe period of October 1, 2013, through September 30, 2014; and WHEREAS, the Continuation Application has been prepared requesting $324,000 of Title III Senior Center Operation funds, $767,621 of Title III Congregate Meals funds, $251,986 of Title III Transportation funds, $108,965 of Program Income and $598,322 of County Matching funds; and WHEREAS, the recommendations included are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community, The Continuation Application for program services is included under the strategy to promote healthy living and wellness programs across Dallas County, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court approve the submission of the Continuation Grant Application for Title III funds for Congregate Meals, Senior Center Operations and Transportation Services to the Dallas Area Agency on Aging for fiscal year 2014 and that the County Judge be authorized to sign the application and all related documents on behalf of Dallas County!: . D0J;~' f~ OPE~' ojRl! th... is the ~3r,-"d,----_____,day of Se tember ,2013. / I. ; /I 1 /' /1 . !.vlj!'- r> /l k l!l ) (. .. ,,/,' ,I It..:, CIZ~l' koki"e. Coc",y Jcdge ~ ~" Di:?? ;;;""" Di'~· <#, Dr. Elba Garcia, District #4 Recornrnend~Y: ~~ A-= Zachary S. Thompson, Director of Health and Human Services "Attachment A" 2014 PROPOSAL COVER SHEET DALLAS AREA AGENCY ON AGING COMMUNITY PROGRAMS ON AGING UNDER TITLE III OF THE OLDER AMERICANS ACT SERVICE YOU PROPOSE TO PROVIDE': DATE SUBMITTED TRANSPORTATION 08/28/2013 SUBMITTING AGENCY NAME & ADDRESS: TYPE OF ORGANIZATION: Dallas County Department of Health & Human Services Older Adult Services Program is PUBLIC AGENCY 2377 N. Stemmons Frwy., Suite 200, LB16 --PRIVATE NON-PROFIT AGENCY Dallas, Tx 75207-2710 --PRIVATE FOR PROFIT AGENCY DESCRIPTIVE PROJECT NAME & ADDRESS: Older Adult Services Program 2377 N. Stemmons Frwy., Suite 200, LB16 Dallas, Tx 75207-2710 NAME, TITLE, E-MAIL, AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION: Dianne Rucker, Assistant Director, drucker@dallascount~.org, 214-819-1862. TYPE OF APPLICATION: COMPUTATION OF FUNDS BUDGETED CONTINUATION YEAR --.lS.. ORIGINAL TITLE III $ 251,986.00 --REVISION LOCAL CASH $ 112,999.00 PROPOSED PROJECT PERIOD IN-KIND $ October 1, 2013 to September 30, 2014 PROGRAM INCOME $ 54,696.00 TOTAL BUDGET $419,681.00 NUMBER OF YEARS AGENCY HAS RECEIVED TITLE III FUNDS FOR PROPOSED PROJECT: 40 NOTE: TOTAL MATCH (LOCAL CASH + IN-KIND) MUST BE AT LEAST 10% OF TOTAL BUDGET AMOUNT; AT LEAST 25% OF TOTAL FOR CAREGIVER SERVICES. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS PROPOSAL IS TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE SUBSEQUENT CONTRACT AND ITS ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. TYPED NAME OF AUTHORIZED REPRESENTATIVE TITLE TELEPHONE NUMBER Clay Lewis Jenkins Dallas County 214-653-7949 Judge /\ SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNED ' i /11/··fi i! l!/ ___ 'I fJ/ }, /) 09103/2013 f ~ LiC/Jyf(/n( ) 'A separate cover sheet must be completed for each proposed service, "Attachment AU 2014 PROPOSAL COVER SHEET DALLAS AREA AGENCY ON AGING COMMUNITY PROGRAMS ON AGING UNDER TITLE III OF THE OLDER AMERICANS ACT SERVICE YOU PROPOSE TO PROVIDE': DATE SUBMITTED: CONGREGATE MEALS 08/28/2013 SUBMITTING AGENCY NAME & ADDRESS: TYPE OF ORGANIZATION: Dallas County Department of Health & Human Services Older Adult Services Program ~ PUBLIC AGENCY 2377 N. Stemmons Frwy., Suite 200, LB16 --PRIVATE NON-PROFIT AGENCY Dallas, Tx 75207-2710 --PRIVATE FOR PROFIT AGENCY DESCRIPTIVE PROJECT NAME & ADDRESS: Older Adult Services Program 2377 N. Stemmons Frwy., Suite 200, LB16 Dallas, Tx 75207-2710 NAME, TITLE, E-MAIL, AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION: Dianne Rucker, Assistant Director, drucker(ci)dallascounty.org, 214-819-1862. TYPE OF APPLICATION: COMPUTATION OF FUNDS BUDGETED CONTINUATION YEAR ~ORIGINAL TITLE III $ 767,621.00 -- REVISION LOCAL CASH $ 211,870.00 PROPOSED PROJECT PERIOD IN-KIND $ October 1, 2013 to September 30,2014 PROGRAM INCOME $ 51,269.00 TOTAL BUDGET $ 1 ,030,760,00 NUMBER OF YEARS AGENCY HAS RECEIVED TITLE III FUNDS FOR PROPOSED PROJECT: 40 NOTE: TOTAL MATCH (LOCAL CASH + IN-KIND) MUST BE AT LEAST 10% OF TOTAL BUDGET AMOUNT; AT LEAST 25% OF TOTAL FOR CAREGIVER SERVICES. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS PROPOSAL IS TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE SUBSEQUENT CONTRACT AND ITS ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. TYPED NAME OF AUTHORIZED REPRESENTATIVE TITLE TELEPHONE NUMBER Clay Lewis Jenkins Dallas County 214-653-7949 Judge /"\ SIGNATURE OF ~UjHOrIZED REPRESENTATIVE DATE SIGNED , j 1 I MI 09/03/2013 \ Ii 'j iJtl-~ l../ I I,! i ,t I 'A separateVI c<1~r sheet must be completed for each proposed service, "Attachment A" 2014 PROPOSAL COVER SHEET DALLAS AREA AGENCY ON AGING COMMUNITY PROGRAMS ON AGING UNDER TITLE III OF THE OLDER AMERICANS ACT SERVICE YOU PROPOSE TO PROVIDE': DATE SUBMITTED SENIOR CENTER OPERATIONS 08/28/2013 SUBMITTING AGENCY NAME & ADDRESS: TYPE OF ORGANIZATION: Dallas County Department of Health & Human Services Older Adult Services Program ~ PUBLIC AGENCY 2377 N. Stemmons Frwy., Suite 200, LB16 --PRIVATE NON-PROFIT AGENCY Dallas, Tx 75207-2710 --PRIVATE FOR PROFIT AGENCY DESCRIPTIVE PROJECT NAME & ADDRESS: Older Adult Services Program 2377 N. Stemmons Frwy., Suite 200, LB16 Dallas, Tx 75207-2710 NAME, TITLE, E-MAIL, AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION: Dianne Rucker, Assistant Director, drucker@dallascount~.org, 214-819-1862. TYPE OF APPLICATION: COMPUTATION OF FUNDS BUDGETED CONTINUATION YEAR ---.-X. ORIGINAL TITLE III $ 324,000.00 --REVISION LOCAL CASH $ 273,453.00 PROPOSED PROJECT PERIOD IN-KIND $ October 1,2013 to September 30,2014 PROGRAM INCOME $ TOTAL BUDGET $ 597,453,00 NUMBER OF YEARS AGENCY HAS RECEIVED TITLE III FUNDS FOR PROPOSED PROJECT: 40 NOTE: TOTAL MATCH (LOCAL CASH + IN-KIND) MUST BE AT LEAST 10% OF TOTAL BUDGET AMOUNT; AT LEAST 25% OF TOTAL FOR CAREGIVER SERVICES. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS PROPOSAL IS TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE SUBSEQUENT CONTRACT AND ITS ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. TYPED NAME OF AUTHORIZED REPRESENTATIVE TITLE TELEPHONE NUMBER Clay Lewis Jenkins Dallas County 214-653-7949 Judge SIGNATURE OF AUTHPRIZED REPRESENTATIVE DATE SIGNED , 09/03/2013 r\ fl A V;lJj/v ,# , f('; /vv i ; 'A separate cover sheet must be completed for each proposed servIce, CERTIFTCA TION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Federal Executive Order 12549 requires the Texas Department of Aging and Disability Services (DADS) to screen each covered potential contractor/grantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered subcontractors/providers. In this certification "contractor/grantee!1 refers to both contractor/grantee and subcontractorlsubgrantee; "contract/grant" refers to both contract/grant and subcontract/subgrant. By signing and submitting this certification the potential contractor/grantee accepts the following terms: I. The certification herein below is a material representation of fact upon which reliance was placed when this contract/grant was entered into. If it is later determined that the potential contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, or the Texas Department of Aging and Disability Services may pursue available remedies, including suspension and/or debarment. 2. The potential contractor/grantee shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor/grantee learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The words "covered contract," "debarred," "suspended," Hineligible," "participant," "persoll," "principal," "proposal," and IIvoluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections offederal rules implementing Executive Order 12549. Usage is as defined in the attachment. 4. The potential contractor/grantee agrees by submitting this cel1ification that, should the proposed covered contract/grant be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from par1icipation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Depm1ment of Agriculture or other federal department or agency, and/or the Texas Department of Aging and Disability Services, as applicable. Do you have or do you anticipate having subcontractors/subgrantees under this proposed contract? ..... X YES NO 5. The potential contractor/grantee further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts and Grants" without modification, in all covered subcontracts and in solicitations for all covered subcontracts. 6. A contractor/grantee may rely upon a certification of a potential subcontractor/subgrantee that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract/grant, unless it knows that the certification is erroneous. A contractor/grantee must, at a minimum, obtain certifications from its covered subcontractors/subgrantees upon each subcontract's/subgrant's initiation and upon each renewal. 7. Nothing contained in all the foregoing shall be construed to require establishment ofa system of records in order to render in good faith the cel1ification required by this certification document. The knowledge and information of a contractor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for contracts/grants authorized under paragraph 4 of these terms, if a contractor/grantee in a covered contract/grant knowingly enters into a covered subcontract/subgrant with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the federal government, Department of Health and Human Serviees, United State Department of Agriculture, or other federal departtnent or agency, as applicable, and/or the Texas Department of Aging and Disability Services may pursue available remedies, including suspension and/or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Indicate which statement applies to the covered potential contractor/grantee: X The potential contractor/grantee certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/grant by any federal department or agency or by the State of Texas. The must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to this certification. potential contractor/grantee is unable to certify to one or more of the terms in this certification. In this instance, the potential contractor/grantee Dallas County Department of Health & Human Services 75-6000905 Older Adult Services Program NAME of POTENTIAL CONTRACTOR VENDOR ID NO.lFEDERAL EMPLOYER ID NO. II . CLAY LEWIS JENKINS [ l 09-03-2013 COUNTY JUDGE SIGNATURE -ilJ)lt'clRjZED RESPRESENTATIVE DATE PRINTEDrrYPED NAME AND TITLE - AUTHORIZED REPRESENTATIVE V j THIS CERTIFICATION IS FOR FFY 2014, PERIOD BEGINNING October 1, 2013 and ENDING September 30, 2014. INSTRUCTIONS FOR CERTIFICATION I. By signing and submitting this proposal, the prospective contractor/grantee is providing the certification set out below. 2. The inability of a contractor/grantee to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor/grantee shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor/grantee to furnish a certification or an explanation shall disqualify such contractor/grantee from participation in this transaction. 3. The certification in this clause is a material representation offact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective contractor/grantee shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor/grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective contractor/grantee agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debaITed, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective contractor/grantee further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered traIlS actions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method aI1d frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the N onprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. PROGRAM NARRATIVE Dallas County Older Adult Services Program (OASP) is a division of Dallas County Department of Health and Human Services, a government agency under the authority of Dallas County Commissioners Court. OASP has operated senior centers since 1972. OASP is primarily funded with Title III funds, but is also supplemented by Dallas County general revenue funds which have provided support to the OASP since its inception. The OASP hours of operation is 9:00 a.m. until 1:30 p.m. Monday through Friday, excluding County holidays. Funding is being sought for Congregate Meals, Senior Center Operations and the Transportation program. Congregate Meals Program participants will be provided a hot or other appropriate meal (lunch) which meets 33 1/3 percent of the Dietary Reference Intakes (DR I) established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences and complies with the most recent Dietary Guidelines for Americans, published by the Secretary of Agriculture, and which is served in a congregate setting. The OASP is responsible for the administration of 15 senior centers at community organizations, churches and municipalities. The objective of the program is to reduce food insecurity and promote socialization among older individuals. The program will provide standard meals which are derived from a standard menu and served to all of the participants. The program targets individuals that are low income, minority and persons with limited English proficiency. Nutrition education will be provided at each center at least once per month for not less than 15 minutes. The presenter and/or the content of all programs are developed by a qualified dietary consultant or other approved source. Centers provide an annual plan of proposed nutrition education topics during the year with the assistance of administrative staff and the food service vendor. OASP has implemented an emergency plan for each center. In the event of disasters or emergencies, centers will be temporarily moved to another senior center that is in close proximity. To ensure proper operations of the senior centers, adequate training and certifications in accordance with program requirements will be required of all staff. The OASP will provide training to volunteer food handlers. Trainings are also conducted by the food service vendor twice annually. In addition, staff will be certified in Food Protection Management, CPR and First Aid. Documentation of training activities will be maintained by the OASP program staff. OASP will comply with the requirements specified in the Texas Administrative Code. 1 Page 2 - Program Narrative Senior Center Operations The Senior Center Operations component offers a variety of activities at senior centers that include arts and crafts, exercise classes, health screenings, trips, dances and a nutritious lunch. These activities, aside from the intrinsic value they offer, serve to support the program by attracting senior citizens who seek a more active lifestyle. The objectives of the program are to: 1) Improve the health of the elderly with the provision of nutritious meals, served in congregate settings, 2) Increase the independent living of older adults by providing education, counseling and information and referral to other social and rehabilitative services, 3) Increase the social well being of older adults by providing opportunities for social interaction and the satisfying use of leisure time, 4) Assure that those elderly most in need can and do participate in program services by providing an extensive and personalized outreach program and transportation service. The OASP refers participants to other programs within Dallas County Health and Human Services such as the Comprehensive Energy Assistance Program, the Weatherization Assistance Program, the Immunization Program and the Housing Program. In addition to the available services offered through DCHHS, the OASP collaborates with other agencies within the aging network to link individuals to needed services. The agencies include Mental Health America of Greater Dallas, Social Security Administration, National Council on Aging, Deaf Action Center, Arthritis Foundation, Parkland Geriatrics, Advocacy Center for the Elderly, Retired Senior Volunteer Program, Senior Companion Program and the Dallas Area Agency on Aging Benefits Counseling Program. Transportation OASP has been providing transportation services for more than 40 years. OASP will provide transportation services to all eligible participants needing transportation to and from the senior center. Participants will be picked up from their home, taken to the senior center and transported back home after program participation. In addition to transportation to and from the senior centers, field trips are also provided to cultural events, grocery stores, dances, medical visits and social services. Each senior center has specified boundaries in which to travel to minimize the cost of operating the vehicles and prolong the life of the vehicles. Reservations for transportation services are arranged one day in advance. The vehicles used to transport participants to and from the centers are 15, 18 and 24 passenger vehicles. 2 Page 3- Program Narrative OASP will provide transportation through agreements with transportation providers and through Dallas County. The transportation agreement outlines program requirements needed to ensure compliance with the Texas Administrative Code and departmental policies and procedures. The transportation providers are reimbursed for direct operational costs on a monthly basis. 3 COURT ORDER ORDER NO. __2_0_' __1438 DATE: September 3,2013 STATE OF TEXAS § § COUNTY OF DALLAS § § BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on the 3rd day of _---'S"'e""'p""te~mC!.!-"b"'er'______2013, on motion made by __J~o~hr='_W~i=l=eLy~Pr~l~'c~e~,~C~omm~i~s~s~i~on=e=r~o=f~D1='s~t=r=i=c~t_3~ ______,andsecondedby _D_r_. _E_l-'.b:.:.a_G.:..car:.:..c,-l.:..;·a..-',,--C __ omm_· _1_' s_s_i~o-,-ne~r::...... :o:.:.f,--D=is.:...t,-r;.;.i,-,c-,t_4 ______, the following Order was adopted: WHEREAS, Amendment Number 1 to the 2013 ARRA Weatherization Assistance Program was discussed in Commissioners Court on August 27, 2013; and WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified Dallas County Health and Human Services (DCHHS) of Amendment Number 1 to the American Recovery and Reinvestment (ARRA) Weatherization Assistance Program Contract No. 16090001669, which revises Exhibit A, BUDGET, as described in the attached Amendment; and WHEREAS, the Weatherization Assistance Program is a human service program which provides for the weatherization of homes of low-income families, and is consistent with the County's Strategic Plan Vision 2: Dallas County is a healthy community; and WHEREAS, Amendment Number 1 to the 2013 ARRA Weatherization Assistance Program requires the approval of the Commissioners Court and the electronic signature of the County Judge. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve Amendment Number 1 to the 2013 TDHCA ARRA Weatherization Assistance Program Contract No. 16090001669, as detailed in the attached Amendment, and authorizes the County Judge to electronically sign all related contract amendment documents on behalf of Dallas County. ! \ DONE IN OPEN C j RTithis the 3rd day of September • j I • /1/ / / ' / /./ (V~' ! / Dr. Theresa M. Daniel mmj~ioner, District No.1 I ') ~ ,~.c , \ John Wiley Pr ce Dr. Elba Garcia ',Commissi~, Istrict NO.3 Commissioner, District No.4 ROC:::'d by, Za~h~i';~'~~"Hh aod H,mao S'Ni~ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090001669 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: I SECTION I. This Amendment Number 1 to ARRA Contract No. 16090001669 (the "First Amendment") is made by and between the Texas Department of Housing and Community Affairs, a public and otTicial agency of the State of Texas (hereinafter the "Department") and Dallas County Department of Health and Human Services a political subdivision of the State of Texas, (hereinafter the "Subrecipient"), hereinafter "the Parties". SECTION 2. Subrecipient and Department executed that certain ARRA Contract No, 16()90001669 ("Contract") to be effective on 7/15/2013. SECTION 3, Under the authority described in Section 15 of the Contract and for valuable consideration, the receipt and sufficiency which are hereby acknowledged, the Parties hereby agree to [further] amend the Contract in the manner provided herein below: 1. Exhibit A, BUDGET, to the Contract is amended by adding to FOOTNOTES TO BllDGl:"T FOR AVAILABLE AI lOCATIONS' 5 Subrecipient may incur costs associated with the closeout of the ARRA WAP contract. These activities include but are not limited to: payments of invoices and quality assurance activities for a period not to exceed 30 days from the end of the contract term to be defined in Section 2 of this contract SECTION 4. The Parties hereto agree that all other terms of the Contract shall be and remain in ful! force and effect as therein set forth and shan continue to govern except to the extent that said terms conflict with the terms of this First Amendment In the event this First Amendment and the terms of the Contract [as amended by the First Amendment] are in conflict, this First Amendment shall govern, unless it would make the Contract void by law. SECTIONS. Each capitalized term not expressly defined herein shall have the meaning given to such tenn in the Contract. SECTION 6. This First Amendment may be executed in severa! counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. SECTION 7. If any of the Parties returns this copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 8. By signing this First Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. SECTIO" 9. This First Amendment shaH be binding upon the Parties hereto and tl1cir respective successors and assigns. SECTION 10. This First Amendment is executed to be effective on the date of execution by the authorized representative for the Department AGREED TO AND EXECUTED BY: Dallas County Department of Health and Human Services political subdivision oftile State of Texas By Title: TEXAS DEPARTMENT O:F HOUSING AND COMMUNITY AFFAIRS a public and official agency of the State of Texas By Title:Its duly authorized officer or representative COURT ORDER ORDER NO. ______l01 1439_ DATE: September 3, 2013 STATE OF TEXAS } COUNTY OF DALLAS } BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the 3,d day of ___-"S"'e""pt"'e"-!m.!>b""e;"r ___ , 2013, on motion made by John Wiley Price, District 3 and seconded by Dr, Elba Garcia, District 4 , the following Order was adopted: WHEREAS, on August 27, 2013, Texas Department of State Health Services Document #2013-041066 which includes At! #017 - HIV Surveillance-Federal Core with Incidence Specimen Processing, At! #016 - Refugee, Att #019 - Tuberculosis-State MP, At! #001 - Tuberculosis-Federal, Att #005 - HIV Prevention Plan, At! #002 - Hansen's, At!#01 0 - HIV Surveillance-Perinatal, At!#007 - HIV/Substance Abuse & Mental Health Prevention Services, At!#015 - STD-HIV Prevention Services, Att#009 - HIV Ryan White, At! #018 -IDCU Flu Lab, At! # 014 -Immunizations, At! #012 - CPS/Hazards, At! #008 - CPS Cities Readiness Initiative, Att#003 - CPS/LRN-HPP, Att#006 - CPS/LRN-PHEP, and At!#013- RLSS/LPHS was briefed in Commissioners Court; and WHEREAS, authorization for the release of payroll by the County Treasurer, Joe Wells, for the months of September, October and November, 2013; and WHEREAS, recommendations are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a health community; and IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve authorization for the County Treasurer, Joe Wells, to release payroll for the Texas Department of State Health Services, Document #2013-041 066, , which includes At! #017 - HIV Surveillance-Federal Core with Incidence Specimen Processing, At! #016 - Refugee, At! #019 - Tuberculosis-State MP, Att #001 - Tuberculosis-Federal, Att #005 - HIV Prevention Plan, At! #002 - Hansen's, Att #010 - HIV Surveillance-Perinatal, Att #007 - HIV/Substance Abuse & Mental Health Prevention Services, At! #015 - STD-HIV Prevention Services, At! #009 - HIV-Ryan White, Att #018 -IDCU Flu Lab, At~it,014 -Immunizations, At!#012 - CPS/Hazards, At! #008 - CPS Cities Readiness Initiative, Att #003 - CPS/LRN-HPP, 'Att #006 - CPS/LRN-PHEP, and Att #013 - RLSS/LPHS , for the months of September, octitryr a,ncj Novellfil' 20P 3 D~~;" dhl'7:-' 3" d,yo' S,o'mb" -~4 I LAuJt:,t,"~~ a/~~, ~l DUo M /~ clay Lewis Jenkins; County Judge Dr. Theresa M. Daniel, District # Mike Cantrell, District #2 l Dr. Elba Garcia, District #4 TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street • Austin, Texas 78756 P.O. Box 149347. Austin, Texas 78714-9347 DAVID L LAKEY, M.D. 1-888-963-7111 • wwwdshs,state.IX.us COMMISSIONER TTY: 1-800-735-2989 August 12,2013 Zachary Thompson 2377 North Stemmons Freeway. LB 12 Dallas. TX 75207-2710 Re: DSHS Program: Dear Mr. Thompson: The Department of State Health Services (DSHS) is pleased to notify you that you have been awarded the following contracts for services and amounts as noted for each as follows: Surveillance - Federal Core with Incidence Speciman HIV Surveillance - Perinatal RLSSILPHS Total Bundled Contracts $16,060,450 A contract will be prepared based on the negotiated budget amount and available funding for each noted above and will be forwarded to you as soon as possible as a bundled contract. The contract period for this program is September I. 2013. through August 31. 2014. An IEquallEmployment Opportunity IEmployer 'The receipt of the notice does not constitute a fully executed contract 'The official award document is a contract that contains terms and conditions including program and fmandal requirements and a budget based upon the negotiated budget submitted with your request for proposal application. The contractual agreement is not legally binding until signed by authorized representatives of both parties. Providers who commence work without a contract signed by both parties are at risk of being unable to invoice DSHS for those services and expenses. Only allowable expenditures incurred during the term specified in the contract are reimbursable. We look forward to working with you. If you have further questions or need additional information, please contact Debbie Bennett, Prevention Branch Manager, DCPSIRLHS Contract Management Unit, at (512) 776-3206 or by email [email protected]. Sincerely, Bob Burnette, Director Client Services Contracting Unit cc: Debbie Bennett, Prevention Branch Manager, Contract Management Unit Susana Garcia, Regional & Local Health Services Branch Manager, Contract Management Unit os:t Wd f! I 51\\1 tllll Cl3N303H An Equal Employmsnt Opportunity Employer COURT ORDER ORDER NO: ____013 _ 1440 DATE.~: __~S~e~p~te~m~b~e~r~3~,~2~01~3 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the ______~3_m ______dayof ______~Ssep~t~e~m~b~e~r ______, 2013, on a motion made by JOM Wiley Price, Commissioner of District 3 , and seconded by _D_r_, __E_lb_a __ G_a_r_c_i_a:.., _C_o_mm__ is_s_i_o_n_e_r_o_f __ D_i_s_t_rl_' c_t __ 4______, the following Court Order was adopted: WHEREAS, the Purchasing Department briefed Commissioners Court on August 27,2013 on the second twelve (12) month extension of RFP No. 2010-067-5121 Request for Proposals for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E Commerce Initiatives; and WHEREAS, the contract outlines the services and fees provided by JPMorgan Chase Bank, NA and its wholly owned subsidiary Paymentech, LLC for the use of payment cards and e-checks for the collection of taxes by the Dallas County Tax Assessor-Collector; and WHEREAS, the term of this extension is September 7,2013 through September 6,2014; and WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountable governance IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the second extension of RFP No. 2010-067-5121 Request for Proposals for Electronic Payments Processing Services and Solution Provider for the Dallas County Tax Office E-Commerce Initiatives with JP Morgan Chase Bank, NA and its wholly owned subsidiary Paymentech, LLC for the period September 7,2013 through September 6,2014 and authorizes all County documents/payments to reflect accordingly. / '\ DONE IN OPEN ~9URT this the 3'd day of September ,2013 /}i/f / {:)~ .. ,/- r // I , ,/.- , . ict#2 • Dr. Elba GarCia, District #4 Recommended by: Jia H U WJ&nlk Shannon S. Brown, Purchasing Agentlgm DALLAS COUNTY PURCHASING DEPARTMENt August 8,2013 Q""ffSteug~r J J': l'YI9rgmr.Cn.se-T~~sury& Securities .Services 2200'RqssAv.enue, 8'hF1.oor Dallas, Te",a.s 75401-2787 RE: C(}ntraetElICtlmsion - RFPNo . .2OIOc067~5121 Request for Pi'oposalsforE1.ectT{)nic \laymen!s ProcesSing Serv.ices .an!! Solution ProvidedortlieDallas :County Tax Office .E-Commcrce Initiatives DearMr: SljOljget: Tne,a~orementione41'0n!l1lctbetweenDallasCO\ll)tyilnd your organization lsdu•. to expire on September 06; 2013, In accqrt;lancewiihterot!1oftheodginaisolicitatiO\landupnnmuma] agreement by all parties, said contract be maycxte~d"dfor anaildi!io,fal J2,l11ontliterm(seprember(l1, 2013 ihlougb September 06, 20l.4} . Allterms,COlldiliollli"lldpricingsjfuOlrtre oftheorigina1so!icilation would still prevail through .the extension period except as provided.andamendediutlle con.tracL The pUJP.ose oftl:risletteris tosolicilyour inlelllionsregarding tlieextension of this contract ltdoes notconstltute a contractualcommilment. Your responseWillbe. an .offer of extensIon to Dallas County; it will be reviewed bytlieCounty for compliance' wltb ,conmtct,tCl':lJls,ancl conditioIl$~ A9ceptance' qf this offer aild:cohtractU'al commitment will ,occur with ,the publication Qf a,F¢visio'U't6 the:contract stating 'the 't"xtension perioD ,arid any otheT'fev'isions, All extensions .of tlieproposedeontract will be b~d 00 the availa~ility of departmental funding, Contrac\{irN"lldcr perfotmance,mntual~greement by aU partiesinv.olvc4, and thdinal approvaJ by \heDallas,CQuntyCommis.sionersCol1rt. J?leasejndicateiyouracceplance an.dackno;V!edgen)ent by sighing below and returning fr.is ,document aJongwith an updated EEQ.l form (attacl1eclj !o the Dallas ConntyiPutcllasingDeparltrient, 509 MainStreet,6'h Hoot, R<>om 623,Dallas,Texas; fax 214.653.7449 or emailGloriaiMcCullbchliiidallascbulltv.org.nolatertnail August19, 2013, IfyouJtaveany' 'lnestions;pieaseCdulact me af214.653. 7433 Or via email Gloria,McCu1!9chraidalll!1coout£;Q£g, Yes, we hereby offer to extend the aforementioned contract No} We do not wish to'ext~nd 'the ,aJorementione.ci-coottact Email: ______~.~.v 509 Main Street, 6ffi PJoor, Sllife 623, Dallas Texas 75202·J340 (414) 653-7433. Fax (214) 653-7449 .Glotia.McCulTocMl'dallascounty,or~ DALLAS COUNTY PURCHASING DEPARTMENT August 6,2013 To: John Ames, Dallas County Tax Assessor/Collector From: Gloria McCulloch, Purchasing Department Subject: RFP No. 2010"067-5121 Electronic Payments Processing Services and Solution Provide for the Dallas County E~ Commerce Initiatives The aforementioned contract, as awarded to JPMorgan Chase Bank, NA., is due to expire on September 06, 2013. As the Contract Manager for the service andlor goods covered under this solicitation your depaliment has three (3) options: Please sign and return this/arm with all comments andlor revisions (if any) to the Purchasing Department, Attn: Gloria McCul1och, no later than August J 6, 201 J Should you have any questions, please contact me at 214.653. 7433, Your cooperation 10 this matter is greatly appreciated Please initial one (1) only and sign below. Option 1: Re-solicit this contract, revision and lor changes are required to the current solicitation requirements. Option 2: Services andlor goods stated in this contract are no longer required by this department please cancel all future solicitation requests relating to this contract. Option 3: Exercise the final extension/renewal option set forth in the bid/rfp proposal agreement based on existing terms and conditions. All extensions/renewals are sUbjected to final approval and authorization by the Dallas County Commissioners COlllt. Service currently performed by the Contractor(s) is/are in compliance with contract requirements. As a result~ this department request that the contract be extended for an additional twelve (12) month period. Note: If your department chose to extend/renew, how would you rate vendor performance for the requested services and/or products over the past 12 months. (This survey information is required as part of the extension/renewal process for Commissioners Court). 1. How would you rate each vendor quality of work pelformed: Excellent (4), Good (3), Satisfactory (2), or Poor (1). Please state response here » J 2. Was work completed or products delivered in a timely manner: 5- Always (5), 4- Most orthe time (4), Some of the time (3), Seldom (2), or Never (1). Please state response here » ¥ 3. How would you rate each vendor's responsiveness to Dallas C,¥ inquires or problems: Excellent (4), Good (3), Satisfactory (2), or Poor (1). Please state response here » 4. How would you rate vendor employee courtesy: Excellent (4), Good (3), Satisfactory (2), or Poor (1). Please state response here » If 5. How would you rate each vendor overall performance for the requested services/and orl.5?ducts over the past 12 month? Excellent (4), Good (3), Satisfactory (2), or Poor (I), Please state response here» ~ 6. Any issues or major problems with the incumbent vendor over the past 12 month? Yes _ or No ~ If yes, please state the issues or problems including details (ifadditional space is required for all comments attachment is allowed) Date 509 Main Street, 61h Floor, Suite 623, Dallas Texas 75202-3340 (214) 653~7433. Fax (214) 653·7449. Gloris,McCuliochra1dallascQuntY.Qrg COURT ORDER ~ ), ..1~ 'It:U)(!~. 1 ORDER NO: __I · ___ _ DATE: September 3,2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the ____~3~ro ______dayof _____~S~e~p~te~m~b~e~r ______,2013, on a motion made by John WHey Price, Commissioner of District 3 , and seconded by _Dr_,_E_l_ba __ G_ar_c_l_' a-",--C_omm_l_' s_s_i_o_ne_r_o_f_D_is_t_r_i_c..;,t_4 _____, the following Court Order was adopted: WHEREAS, the Purchasing Department briefed Commissioners Court on August 27,2013 on the fourth and final twelve (12) month extension of Bid No. 2010-086-5203 Annual Contract for Maintenance of Microfilm Equipment and Consumables as awarded to HOV Services, Inc.; and WHEREAS, the term of this contract is October 1, 2013 through September 30, 2014; and WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountable governance IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the final twelve (12) month extension of Bid No. 2010-086-5203 Annual Contract for Maintenance of Microfilm Equipment and Consumable as awarded HOV Services, Inc for the period of October 1, 2013 through September 30, 2014 in accordance with the terms, conditions and pricing set forth and authorizes all County documents/payments to reflect accordingly. DONE IN OPEN COURT this the -->3<-'d__ day of __",S",e",-pt",ec!-'m",b",e!-r ----, 2013 ~ d I / ) ~. :.j~"~;:d" ...--_D_f}_.T~~a~~~;." C:d '\ /k. ~Jo-'.h";'n~VV~il~e~~~~~~~ Iba Garcia, District #4 Recom nded by ~ .J£r.VLLA./ Shannon S. Brown, Purchasing Agent/dam DRLLAS CO PURCHASING Fax:2146537878 Aug 1 2013 9:58 P.02 i DALLAS COUNTY PURCHASING DEPARTMENT AIIgIIIII, 20 13 Jerry Haltom HOV Services, Inc. 129Q() ScnIac St., Suitt # 380 Farmers Branoh, Texas 75234 Referenoe: Bid # 2010-086·~203 Annual Contract for Microfilm Equipment and Consumables Dear Mr. Haltom, The aforementioned contract between DaIlu County and HOV Servlcl!$, lnc. will expire on September 30, 2013. The Dallas County Purchasing Department is requesting that your company extend thii contract for an additional twelve month period, to include wrms, conditions and pricing set forth in the original bid award. If you are interested in el Should you have any questions please reel free t:l contact me at 214·653·7933. Sincerely, C'\ 0 De~~ Doll .. County !'ur¢h .. ing Department Please chEJk one: YIl"IiI ~ [agr~ to extend the contract with Dallas Co"nry a.t the prices established in Bid #2010·Q86·5203 for an additional twelve month period (October 1, 2013 through September 30. 2014) No _ I C8l1nJ1"lend the co~bey,,!d..S.ptomber )0, 2013. Signed by; ~"'U'J:- ~U4,. EmAil: __Cun.-.--~il-.·_r.;....:a=-;n-.e;:.:::s:...... ;;@....-·_1...:.7_l}_V5;::.;ef..::;.. .. -.1I<..:./-..·c=e;;;;..s_~-=co:.::;..;..~;...:; Company Name: Ho V $;:1)) i ~ I f}C- ' Address: 1/ Ss.o f-/ e-rnpS k..a4 H:v1j"fF 2;10 City. State, Zip Code Hvu5-tv n I I)L -r 1 01~ 509 Main Street. Suite 623, Dallas Texas 75202·3340 (214) 653-7933' Fax (214) 653-7878. [email protected] DALLAS COUNTY PURCHASING DEPARTMENT Date: July 29, 2M3 TO: Ed Bailey. County Clerk Virginia Etherly, District Clerk FROM: Debra Morris SUBJECT: Bid No, 2010-086-5203 Annual Contract for Maintenance of Microfilm Equipment and Consumabl.es The aforementioned c01)tract, as awarded to HOV Services, Inc. is due to expire on September 30, 2013. As tb.e Contract Manager for this service, your department has three (3) options: Option I: Exercise the extension option set forth in the bid based on exi5ting terms and conditions. All extensions are subject to tinal approval and authorization by the Dallas County Commissioners Court, Option 2: Re-bid this contract Tryour department chose to re-bid, please update any required revisions to tb.e specifications. tenn~, conditions, and requirements. Option 3: The services andlor goods stated in this contract are no longer required by this department. .Please cancel all future solicitation requests relating to this contract. Please sign and return this form with all comments and/or rev.isions (if any) to the Purchasing Department, fax number 214-653-7878, attn.: Debra Morri~, no later than August 1,2013. Should you have any questions, please contact me at 214-653-7933, Your cooperation is greatly appreCiated, REPLY: Upon revi"", of the afo,..,mentioned cont ....d; (pleas. initial one and sign below)- [VE) Services currel)tly performed by the contracto~s) is/are in compliance with con1Tact requirements, As a result oflhe contTact extension options contained with the solicitation, this department requests that the contract is extended for an additional twelve (12) month period, If your department cho~< to <;ltend, how would you rate vendor perfonnance for the reque~ted servi"". and/or products over tbe past 1.2 months? (Tbis survey infonnation Is required per Commissioners Court request). 1, How would you rate each vendor's quality of work performed? 4-Exccllent, 3-Good, 2-Satisfuctory, or I-Poor. Please state response here__ 3 __ 2. Was work completed or products delivered in a timely m.anner? S-Always, 4-Most oflhe time, 3-Some of the time, 2-Seldom, or I-Never Plea~e state n!sponse here_3__ 3. How would you rate each vendor's responsiveness to Dallas County inquiries or problems? 4-ExceUent, 3-Good, 2-Satisfactory, or 1-Poor. Please state response here__ 3 __ 509 Main Street, 6tit Floor, Suite 623, Dallas Texas 75202-3340 4. How would you. rate vendor employee courtesy? 4-ExceUent, 3-Good, 2-Satisfactory, or I -Poor. Please state response here_3__ S. How would you r.te each v""dor overall performlUl.ee for the requested services/and or products over the past .12 months? 4-E"cellent, 3-Good, 2-Slrtisfactory, or I-Poor. Please state response here_3__ 6. Any problems with the current vendor over the past 12 months? [ J Yes or [ X J No (check one) Ifso, state the problems. Please re-bid this contract. Revisions are required and have been made. Services andlor goods stated in. this contract are no longer required by this department. Please cancel all future solicitation requests relating to this contract. J- - 7/30/2013 ignature Da.te Printed N e Virginia Etherly Ce: File Bid No. B.id No. 20.10-086-5203 DALLAS COUNTY PURCHASING DEPARTMENT Date: July 29, 2013 TO: Ed Bailey, County Clerk Virginia Etherly, District Clerk FROM: Debra Morris SUBJECT: Bid No. 2010-086-5203 Annual Contract for Maintenance of Microfilm Equipment and Consumables The aforementioned contract, as awarded to HOV Services, Inc. is due to expire on September 30, 2013. As the Contract Manager for this service, your department has three (3) options: Option I: Exercise the extension option set forth in the bid based on existing terms and conditions. All extensions are subject to final approval and authorization by the Dallas County Commissioners Court. Option 2: Re-bid this contract. If your department chose to re-bid, please update any required revisions to the specifications, terms, conditions, and requirements. Option 3: The services and/or goods stated in this contract are no longer required by this department. Please cancel all future solicitation requests relating to this contract. Please sign and return this form with all comments and/or revisions (if any) to the Purchasing Department, fax number 214-653-7878, attn: Debra Morris, no later than August 1,2013. Should you have any questions, please contact me at 214-653-7933. Your cooperation is greatly appreciated. REPLY: Upon review of the aforementioned contract: (Please initial one and sign belOW). [vk 1 Services currently performed by the contractor(s) is/are in compliance with contract requirements. As a result of the contract extension options contained with the solicitation, this department requests that the contract is extended for an additional twelve (12) month period. If your department chose to extend, how wonld you rate vendor performance for the requested services and/or products over the past 12 months? (This survey information is required per Commissioners Court request). I. How would you rate each vendor's quality of work perfonned? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here__ 3 __ 2. Was work completed or products delivered in a timely manner? 5-Always, 4-Most of the time, 3-Some ofthe time, 2-Seldom, or I-Never Please state response here__ 3 __ 3. How would you rate each vendor's responsiveness to Dallas County inquiries or problems? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here_3__ 509 Main Street, 6th Floor, Suite 623, Dallas Texas 75202-3340 (214) 653-7933 • Fax (214) 653-7878 • [email protected] 4. How would you rate vendor employee courtesy? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here_3__ 5. How would you rate each vendor overall performance for the requested services/and or products over the past 12 months? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response l1ere_3__ 6. Any problems with the current vendor over the past 12 months? [ 1 Yes or [ x ] No (check one) Ifso, state the problems. Please re-bid this contract. Revisions are required and have been made. Services andlor goods stated in this contract are no longer requircd by this department. Please cancel all future solicitation requests relating to this contract. ____V~K~ ___ __ July 29, 2013 Authorized Signature Date Printed Name. _____Venus Ko ______ Cc: File Bid No. Bid No. 2010-086-5203 COURT ORDER ORDER NO: ____013 _ 1442 DATE~: __~S~e~pt~e~m~b~e~r~3~,~20~1~3 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the ______~3~rd ______dayof ______2S~e~pt~e~m~b~e~r ______,2013, on a motion made by John Wiley Price, Commissioner of District 3 , and seconded by __D_r_,_E_'l_b_a_G_a_rc_l_' a-..:,~C_omm_l_· s_s_i_o_ne_r __ o_f_D_is_t_·r_i_c..;:t __ 4 ______, the following Court Order was adopted: WHEREAS, the Purchasing Department briefed Commissioners Court on August 27,2013 on the first twelve (12) month extension of Bid No. 2012-083-6106 Annual Contract for the Purchase of SCBA Cylinders I MSA Equipment with Casco Industries; and WHEREAS, the contract provides SCBA Cylinders and MSA Equipment to the Fire Marshal's Office and Sheriff's Department this contract contains a provision that allows a price increase up to a five percent (5%) price product increase annually when supported by appropriate written documentation; and WHEREAS, Casco Industries has notified the Dallas County Purchasing Department of their supplier's material price increase associated with the awarded items on contract bid no. 2012-083-6106; and WHEREAS, Casco Industries has submitted the proper written documentation to support and substantiate the requested price increase; and WHEREAS, the term of this contract is September 29,2013 through September 28,2014; and WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountable governance , District If2 JO~~ Hey pr~~, D:/.~i~t #3 e.~ Dr. Elba Ga;cia, District #4 Caee mmended by: ~ .~()1 A4d Shannon S. Brown, Purchasing Agent/dam DALLAS CO PURCHRSING Fax ,12146537878 Aug 1 2013 9:56 P.02 DALLAS OUNTY PURCHASINb DEPARTMENT , August 1, 2013 1_011 P. Smith Cl\Jclllndustrietl 1S 1 7 W.N. Carrier ParkWlIY, Su t. 118 Grand Prairie, TClIWi 75050 ,. Rtferenee: Bid # 2012-O83.610~ Annual Contract fot the Purchat ofSCBA Cylinders I MSA Equipment :Dear Mr. Smith, The aforementioned contract b een Dallaa County and Cas~o lndu~tlle5 wl1l el\pire on September 28, 2013. The Dill County P=hasmg Department iii roqu¢!rt/ng tlUlt your company eJrt¢nd this contract for an addi onal twelve month period, to include tel"llUl, Qondltlons and pricing set forth In the original bid IIwar • . lfynu are interested In extendil1' the QUl"I"eltt contract for an additionallWelve month pGriod please complete tn, fOJTl\ below and. A 2 1 . IfYllu desire to extell.d tnl; c Debta K-=~:"11Morris, Buyu Dall ... county Purchasing De)) ent PI= cbeck one: Yes ~ agree to extend tbe QQlltract with Dallas Coun\:i at the prtce~ establi.ih~ In Bid #2012-083-6106 for an additio al twelve month period (S~ptember 29, :2013 through Septomb.r Zi.:1014*PLt;I\Stf .$oi!,£ IV'At/.Jfp.,G\vrLf L-E'\'T£j .f',t ~o ~iUC.It..E'A.5( p.~ No I C01lllcte d the cbntISCt beyond Septembed.S, 2013. . . -- ii' 509 Main S, r@et, Suite 623, Dallas Texas 75202-3340 (214) 6"·"" • Ff (214) OS,· 78" • d.... ~oni'~_wrty:"...... ~ _ ... __ : August 2, Z013 l Debra Morris, Buyer Dallas County purchasing Departme t I . I Dear Ms. Morns, I I am writing to inform you that MSA WOUI~ like to implement a 5% price increase on the MSA Self Contained Breathing Apparatus on the upcoming ~ntract between Casco Industries and Dallas County. ThiS price change is necessary, as we have Incurred cost Ineyeases on raw materials and transportation. I Despite this Increase, the Dallas countY!WIII still be receiving pricing that is significantly below the MSA General Price List, dated January 1, 2013. We trust yow understand the clrcumslances surrounding this change, and we thank you for your continyed business. I Sincerely, I 5W~:8~ I Scott Becker First Responder Sales Manager FlreH~WK'M1Air Mask Ordering Selection Matrix and Price List (NFPA 1981 and 1982 -2007 edition compliant, NIOSH 42 eFR Part 84 CBRN certified) Afl Prices in US Dollars· Prices EffectiveJuly I, 2011 lumbar Pad/ Electronic Cylinder MMRType Nosecup Head Harness None ClearComm~nd Read:! ,·~tl,b,ack", C",, t:rnififflfi~;;~'~i;;ClIIIIIIIIIIII IS .. ----~ -, S-M7 L I All Pricing in U.s. Dollars IQuanlilY] 10 0170-09-MC I Ma~ J011 [A'4~ 'fI'-'- The Safety ... .,,"'p" ....Y FireHawk® M7 Air Mask Ordering Selection Matrix (NFPA J 981 and 1982 - 2007 edition-compliant, NIOSH 42 eFR Part 84 CBRN-certified) "'4J=,:.1 All Prices in U.s. DoUars. Prices Effective January 1,2013 The Safety <..ompany 8'70000000000000 o • (~~~DDDDDDDDDDC ___~ o"",·,,,,-,q;:"'(' 10 {l17{}'o9·MCI Octoberl012 MM"",~,"ro,;'U,-" NEWS SE B\ iHEAU OF I_AIlOR S'IAT1STICS Us DEPAKH.,,1ENT or LABOR Transmission of in tllis release is USDL-13-1342 8:30 a.m. (EDT) Tuesday, .lilly 2013 Technical infonnation: (202) 691-7000 • Reed,Steve@bls,g(w • Media Contact: (202) 691-5902 • [email protected] CONSUMER PRICE INDEX- 2013 The Consumer Price for All Urban Consumers (CPI-U) increased 0,5 percent in June on a seasonally adjusted basis, the U,S, Burean of Labor Statistics reported today, Over the last 12 Illonths, the all items index increased 1,8 percent before seasonal adjustment The gasoline index rose sharply in June and accollnted for about two thirds of the seasonally adjusted an items change, Other energy indexes were mixed, with the electricity index rising, bnt the indexes for natural gas and fuel oil declining, The food index in June as the index for food at home turned up after declining in May, The index for all items food and energy increased 0.2 percent in June, the sallle increase as in May, Advances in the indexes for shelter, medical care, and apparel accounted for most ofthe rise, with increases in the indexes for new vehicles and household furnishings and operations also contributing. The indexes for airline fares, used cars and trucks, and recreation all declined in June. The all items index increased 1,8 percent over the last J 2 months, an increase iiernlast month's 1 A percent figure. The index fur all l1elns less food and energy has risen 'l .6 percent over last year j the smallest 12-month change since June 20J L The energy index has risen 3.2 percent over the span, and the food index has increased 1,4 percent Cl1IIrt 1, One·month percrolcheoge in cPt for All Urban Consumers (CPI,U), seasonallyadjuslnd, June 2012 -June 2013 Percent change 0.8 0,7 0.6 0,5 0,5 0.5 04 0,2 0.2 0,1 0.1 0,0 0.0 0,0 0.0 I I I I -02 - -02 -0.2 -0.4 I • • -0.4 Jun'12 Jul Aug Sap Oct Nov Dec Jan Feb Ma.r Apr Mal' Jun'13 Chart 2. 12~month percent change in CPI for All Urban Consumers (CPI~U), not seasonally adjusted, June 201'2 - June 2013 Percent change 22 2.0 1.8 1.6 1.4 12 1.0 Jun'12 Jul Sop Oct Nov Dec Jan Feb Mar "",,r May Jun'13 All items _""'...-";0 .AJI items less food and energy u.s. Seas011ally adjusted changes frQfll·preced!ng month Un- -.- adjusted 12-m0$. Jan. Feb. 1 Mar. Apr, May June ended BW B13 2~3 m13 2~3 2013 June 2013 All items ,... """... .,...... ,,. .. ,...... 0 .0 .7 -.2 -.4 .1 .5 1.6 Food ...... , ... " ...... " .. ". .2 ,0 .1 .0 .2 -.1 .2 1.4 Food at home ...... , ...... ," .. , .. ,'"', ..... ,,. .2 .0 .1 -.1 .1 -.3 .2 .9 Food away from 'home- 1 '''"'" ...... 1 .1 .1 .2 .3 .2 .2 2.2 Energy ...... "." .... " " ...... -.8 -1.7 5.4 -2.6 -4.3 .4 3.4 3.2 Energy commodrtioo . -1.5 -.3.0 8.6 -4.1 -7.9 -.1 5.7 2.6 Gas,olme (all types) ., -1.9 ·3.0 9.1 -4.4 -8.1 .0 6.3 2.6 Fuel oil 1 .. ,,, ... ,,,, .... , .0 -.2 3.1 -2.1 -4.4 -2.9 -.5 1.8 Energy services ...... ".' .3 .4 .5 -.2 1.4 1.2 .1 4.0 Eleciricity ...... , ...... 2 1.1 .3 -.8 .5 .8 .2 1.9 Utility (piped) gas service ., ...... 7 -1.7 1.2 1.0 4.4 2.4 -.4 11.7 All Items. jess food and energy .1 .3 ! .2 .1 .1 .2 .2 1.6 Commodities less food and energy commodities .. ", .. ,. -.1 .2 -.1 .0 .0 .2 -.2 New vehicles ...... ,,, .. . .2 .1 -.3.0 I' .1 .3 .0 .3 1.2 Used cars and frtlcks ...... -.3 .2 .6 . 1.2 .6 -.1 -A -2.3 "",,parel ...... 1 .6 -1.0 -.3 .2 .9 .8 Medical care commoditt&$ , ...... ,,., -.3 .1 .1 .1 -.5 .5 .1 Services less energy servlces . .2 .3 :~ I .2 .1 .2 .2 2.3 Shefter .,,.,,,,,,., ..... ,., .. ,, ...... 1 .2 .2 .2 .3 .2 2.3 Transportation services . .4 .5 .21.1 .2 -.2 .4 -.1 2.5 MedIcal care services. .3 .2 .3 .3 -.1 .0 .4 2.6 1 Not seasol1aUy adjusted. - 2 DALLAS COUNTY PURCHASING DEPARTMENT Date: July 29,2013 TO: Robert De Los Santos. Fire Marshal Captain Donald Pressnell, Sheriff's Department FROM: Debra Morris SUBJECT: Bid No. 2012-083-6106 Annnal Contract for the Pnrchase ofSCBA Cylinders / MSA Equipment The aforementioned contract, as awarded to Casco Industries, IllC. is due to expire Oll September 28, 2013. As the Contract Manager for this service, your department has three (3) options: Option 1: Exercise the extension option set forth in the bid based on existing terms and conditions. All extensions are subject to final approval and authorization by the Dallas County Commissioners Court. Option 2: Re-bid this contract. If your department chose to re-bid, please update any required revisions to the specifications, terms, conditions, and requirements. Option 3: The services and/or goods stated in this contract are no longer required by this department. Please cancel all future solicitation requests relating to this contract. Please sign and retum this form with all comments and/or revisions (if any) to the Purchasing Department, fax number 214-653-7878, attn: Debra Morris, no later than August 1, 2013. Should you have any questions, please contact me at 214-653-7933. Your cooperation is greatly appreciated. REPLY: Upon review of the aforementioned contract: (Please initial one and sign below). [--f Services currently performed by the contractor(s) is/are in compliance with contract requirements. As a result ofthe contract extension options contained with the solicitation, this department requests that the contract is extended for an additional twelve (12) month period. If your department chose to extend, how would you rate vendor performance for the requested services and/or products over the past 12 months? (This survey information is required per Commissioners Conrt request). I. How would you rate each vendor's quality of work performed? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here ....:5 2. Was work completed Or products delivered in a timely manner? 5-Always, 4-Most of the time, 3-Some of the time, 2-Seldom, or I-Never Please state response here tf 3. How would you rate each vendor's responsiveness to Dallas County inquiries or problems? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here .3 509 Main Street,6ili Floor, Suite 623, Dallas Texas 75202-3340 4. How would you rate vendor employee courtesy? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here~3",,'__ 5. How would you rate each vendor overall performance for the requested services/and or products over the past 12 months? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor. Please state response here 3 6. Any problems with the current vendor over the past 12 months? [ 1 Yes or ['1 No (check one) If so, state the problems. Please re-bid this contract. Revisions are required and have been made. Services and/or goods stated in this contract are no longer required by this department. Please cancel all future solicitation requests relating to this contract. ~¥ ~ Date Printed Name riik/u"/~7 Cc: File Bid No. Bid No. 2012-083-6106 COURT ORDER ORDER NO: ____2013 _ 1443 DATE: September 3,2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the __--'3><-r_d ______day of September ,2013, on a motion made by John Wiley Price, Corrnnissioner of District 3 , and seconded by _D_r_._E_lb_a_G_a_r_c_ia-,-, _C_o_mm_i_ss_l_'o_n_e_r_o_f_D_i_s_t_rl_' c_t_4 ______, the following Court Order was adopted: WHEREAS, on August 20, 2013, through Court Order No. 2013-1333, the Purchasing Department recommended the award of Bid No. 2013-048-6344 Annual Contract for Hair Care, Skin Care and Personal Hygiene Related Products to multiple vendors; and WHEREAS, item #28 was inadvertently recommended for award to two firms: Alpha Omega Systems and Service, Inc. dba AOSS Medical Supplies and Phoenix Trading, Inc. dba Amercare Products; and WHEREAS, item #27, by error, was left off the award recommendation; and WHEREAS, as a result, Purchasing is requesting the amendment of Court Order 2013-1333 to reflect the award of item #28 Phoenix Trading, Inc. dba Amercare Products and item #27 to Alpha Omega Systems and Service, Inc. dba AOSS Medical Supplies IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby recognize the amendment of Court Order 2013-1333 and the award of item #28 to Phoenix Trading, Inc. dba Amercare Products and item #27 to Alpha Omega Systems and Service, Inc. dba AOSS Medical Supplies under Bid No. 2013-048-6344, Annual Contract for Hair Care, Skin Care and Personal Hygiene Related Products for the period of August 26, 2013 through August 25, 2014 in accordance with the terms, conditions an lricing set forth and authorizes all County documents/payments to reflect accordingly. DONE IN OPEN CUT this the 3rd day of September , 2013. Ii 1/ ~ A 'I !l I tUh< [V! IJ/l.,j __-;;:::::::-:--=-_'_~dDr. Jb,,,:.es: Daniel, Distr'ct #1 ~~~LW~~~~A ~~~~~~~~~~ John 1iley "~mended by: .J:&y~ Shannon S, Brown, Purchasing Agent/dam COURT ORDER ORDER NO: 01 1444 DATE: September 3, 2013 STATE OF TEXAS COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 3,d day of September, 2013, on motion made by John Wiley Price, Commissioner of District 3 , and seconded by _D_r_o _E_l_b_a__ G__a __r_c __ i __a..,.,_C--,o_mn_ll ___ s __ s,-i __ o __n __ e:.;r=-o:.;f=-D __ l='::.s''t=r=i''c''t---'4______, the following order was adopted: WHEREAS, Dallas County entered into a five year lease agreement by Court Order 2012-0606, dated April 1 0,2012 with Central Place, Ltd., for 4,553 square feet of office space at 1425 W. Pioneer Drive, Irving, Texas for the Dallas County Juvenile Department; and WHEREAS, the term of the lease covers a period from April 1, 2012 through March 31, 2017; and WHEREAS, Dallas County has been notified of a change in financing for the property and has been requested to change the payee and payment address, and WHEREAS, Dallas County has been requested to make checks payable to the order of Veritex Community Bank at 5049 W. Park Blvd.; Plano, Texas, 75093, and to the attention of Mr. Don Fullrich, Sr. Vice President: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Dallas County, Texas that the payee and address of record be changed to facilitate timely payments for leased space at 1425 W. Pioneer Dr., Irving, Tx., in accordance with the existing lease agreement. DONE IN OPEN COURT this t)1e~rd day of September, 2013. ;%fs~£IJ~ Dr.flLt Theresa M. Daniel Jtt1"" Mike Cantrell 7 Commissioner District #1 Commissioner District #2 Recommended bY;--;~C_y"~~o),",':-"",-,-"Le,-""",,,,,,¥"),,- Chris Thompson ---, Director of Operations DALLAS COUNTY OPERATIONS Engineering & Project Management September 3, 2013 Rationale for Same Dav Briefing and Court Order Dallas County Operations requests permission to change the payee and payment address of the current lease agreement for the Juvenile Probation office located at 1425 W. Pioneer Dr., Irving, Texas. In order to continue timely lease payments, the change is effective immediately. The new payee should be to the order of order of Veritex Community Bank at 5049 W. Park Blvd.; Plano, Texas, 75093 to the attention ofMr. Don Fullrich, Sr. Vice President. (CoUli Order on Formal Agenda) 600 Commerce Street, Suite 900; Dallas, Texas 75202 214-653-6437 . Fax 214-653-6822 COURT ORDER ORDER NO: DATE: September 3,2013 STATE OF TEXAS COUNTY OF DALLAS BE iT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 3,d day of September, 2013, on motion made by John Wiley Price, Commissioner of District 3 , and seconded by _D_r_._E_l_b_a_G_a_r_c_i_a-",-C_o_mm_l_'S_S_l_' o_n_e_r __ o_f_D_i_s_t_r_i_c_t_4 ______, the following order was adopted: WHEREAS, Dallas County entered into a lease agreement by Court Order 2011-1973, dated November 15, 2011 with Collins Campbell Joint Venture for 2,515 rentable square feet of office space at 1701 N. Collins Blvd., Suite 1000, Richardson, Texas; and WHEREAS, the term of the lease covers a period from December 1,2011 through December 31,2014; and WHEREAS, Dallas County has been notified of the new ownership of Centenario Realty, LLC, a successor in interest to Collins Campbell Joint Venture. Thompson Realty Management Corporation retained management of the building; and WHEREAS, Dallas County has been requested to change the payee and to direct future payments to the new ownership at Centenario Realty, LLC; P. O. Box 678565; Dallas, Texas 75267-8565: iT is THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court ofDalias County, Texas that the payee and address of record be changed to facilitate timely payments for leased space at 1701 N. Collins Blvd., Suite 1000, Richardson, Texas, in accordance with the existing lease agreement. DONE iN OPEN COURT this the 3,d day of September, 2013. () ~ U)tkJv Dr. Theresa M. Daniel Commissioner District #1 Comnl;"';OllRr Distr;ct #2 /'11.' Recommended bY:_±~-:"",~~-,,,,,::;;J4=I1!'Il?'l"·~~"'./'-'Il __ Chris Thompson i Director of Operations MEMORANDUM To: Tenants of the Atrium on Collins FrOm! Evelyn Tiseth Property Manager Date: Monday, July 15, 2013 Sub: New Ownership Good afternoon, as most of you are aware The Atrium on Collins has been purchased by a new ownership Centenario Realty, LLC. Thompson Realty Management Corporation has retain the Management and Leasing of the building, so your day to day operation, contact information, and mailing of correspondence is still the same. For sending any type of payments, the check should be made payable to: CENTENARIO REALTY, LLC P.O. BOX 678565 DALLAS, TEXAS 75267-8565 As always, if you have any questions or require additional information, please feel free to contact the management office at 9.72-788-5429. Thank you. COURT ORDER ORDER NO DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the third day of September, 2013 , on motion made by John Wiley Price, District 3 and seconded by Dr. Elba Garcia, District 4 , the following order was adopted: WHEREAS, this matter was briefed to the Commissioners Court on August 27, 2013; and WHEREAS, pursuant to Cause No. TX-08-30690, Dallas County, Dallas Independent School District and the City of Balch Springs (collectively the "Taxing Authorities") recovered a Final Judgment on March I, 2010, in a lawsuit styled County of Dallas, et ai, vs Silas Irwin, et al on a tract of land, commonly addressed as 2728 Crystal, Balch Springs, Texas ("Property"); and WHEREAS, pursuant to the judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, penalties, interest, fees and costs due and owing; and WHEREAS, Property did not receive sufficient bid as set by law and on February 5, 2013 the Taxing Authorities received tax title under that certain Sheriff's Deed recorded in Instrument No. 201300049455, Real Property Records, Dallas County, Texas; and WHEREAS, Rafael Escobar and Yolanda Escobar submitted an offer of $4,500 to purchase the Propcrty; and WHEREAS, pursuant to §34.05(i) of the Tax Code, the City of Balch Springs and Dallas Independent School District provided resolutions consented to the sale of the Property; and WHEREAS, proceeds trom the sale shall be distributed in accordance with the Tax Code, §34.06; and WHEREAS, sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residcnts and businesses) of the County's Strategic Plan in selling tax foreclosure property to interested purchasers for future development and the betterment of the whole neighborhood and in returning tax exempt property to the tax roll increasing tax revenue for the Taxing Authorities, and WHEREAS, the Director of Public Works has reviewed the offer from Rafael Escobar and Yolanda Escobar and recommends acceptance. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accepts the offer from Rafael Escobar and Yolanda Escobar of $4,500 to purchase the tax foreclosure property at 2728 Crystal Drive, Balch Springs, Dallas County, Texas, DCAD Account No. 60120500030050000 (2) upon receipt of the balance of the purchase amount, authorizes the County Judge to execute the quitclaim deed, subject to post judgment tax years, the pro rata property taxes for the remaining part of the current year and to the previous owners right of redemption, if any, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code. DONE IN OPEN COURT, this the 3rd day of September, 2013. I I . 'I I . 1///' II J / v Jf/~ >L . v Clay lie l~ Jenkins, County Judge { Recommended by: Albe~ Director of Public Works PAE:ctb:S~ K:IPropcrty7DTax//8alchSprings\Co Offer Crysta12778FrontsCrystal COURT ORDER ORDER NO. 2013 14117 DATE: September 3,2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a rel,'Ular meeting of the Commissioners Court of Dallas Couuty, Texas, held on the 3rd day of September, 2013, on motion made by JOM Wiley Price, District 3 and seconded V) ._D_r~._E_l_b_a~G_a_r_c_i_a-,-_D_i_s_t_r_i_c_t~4~~~~~~, the following order was adopted: WHEREAS, this matter was briefed to the Commissioners Court on August 20, 2013; aud WHEREAS, the unimproved property at 3 Old Hickory Trail, DeSoto, Texas, was offered for sale by the Sheriff of Dallas County at public auction and was struck off to thc City of DeSoto, for its own behalf and as trustee for the County of Dallas and Dallas Independent School District (collectively the "Taxing Authorities") on June 7, 2011 at Sheriff's Sale pursuant to delinquent tax suit No. TX-07-30644, styled County of Dallas, et aI, VS. Melinda K. Bran:'J'cum, et al; and WHEREAS, Dallas County assumed the City of DeSoto's trustee role to resell all interest in the property acquired or held by the City as Trustee by Court Order No. 2011-1768 dated October 11, 2011; and WHEREAS, Lee Schmitt on hehalf of Nextlots 5, LLC submitted an offer of $5, I 00 to purchase the Property; and WHEREAS, pursuaut to §34.05(i) of the Tax Code, the City of DeSoto via Resolution No. 13-06 dated May 7, 2013, and the Dallas Independent School District Board of Trustees via Board File #61455 dated August 22, 2013, consented to the sale of the Property; and WHEREAS, the property is being sold "AS IS, WITH ALL FAULTS", and with no express or implied warrauties of any kind whatsoever; and WHEREAS, proceeds from the sale shall be distributed in accordauce with the Tax Code, §34.06; and WHEREAS, sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure property to interested purchasers for future development and the bettelment of the whole neighborhood and in returning tax exempt property to the tax roll increasing tax revenue for the Taxing Authorities; and WHEREAS, the Director of Public Works has reviewed the offer from Nextlots 5, LLC and recommends its acceptance. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accepts the offer from Nextlots 5, LLC of $5,100 to purchase the tax foreclosure property at 3 Old Hickory Trail, DeSoto, Texas, DCAD Account No. 60243500040030000, (2) upon receipt of the balance of the purchase price, authorizes the County Judge to execute the quitclaim deed, subject to the prior owners' remaining right of redemption, if any, post judgment taxes and the pro rata property taxes for the remaining part of the current calendar year, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code. DONE IN OPEN J\OURT, this the 3rd day of September, 2013. I ' . ! J fi: . 1/ .j/ !'./1- .~~)' . .. j/,'. //(.. D . /iLi" ClaY-'Le :. j\fn ins, County Judge Dr. Theresa M. Daniel, District 1 , Dr. Elba Garcia, Distnct 4 Recommended by: Alberta L. Blair, P.E. Director of Public Works j vPAE:d1c: ~/ ~ K:JPro r' IDTaxiDtaxformsiCo OIIer 301dH.ickOlyTdDeSoto 20 13 1 L1A R COURT ORDER ORDER NO DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the third day of September, 2013 , on motion made by John Wiley Price, COlllffi, of District 3 and seconded uy"_D_r_, _E_l_b__ a___=G __ a::::r __ c::::i::::a2--=C-=o::::lllffi=,--=o::::f---=D::::i::::s-=t::::r::::i::::c::::t---=4 __ , the following order was adopted: WHEREAS, this matter was bliefed to the Commissioners Court on August 27, 2013; and WHEREAS, pursuant to Cause No. TX-I 0-31734, styled County ofDallas. et ai, vs Roger Dale Miller. et ai, Dallas County, Dallas Independent School District and the City of Balch Springs (collectively the "Taxing Authorities") recovered a Final Judgment on November 8, 2012, on a tract of land, commonly addressed as 2728 Crystal, Balch Springs, Texas, DCAD No. 60120500030050100 ("Property"); and WHEREAS, pursuant to the judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, penalties, interest, fees and costs due and owing; and WHEREAS, Property did not receive sufficient bid as set by law and on February 5, 2013 thc Taxing Authorities received tax title under that certain Sheriffs Deed recorded in Instrument No" 201300049455, Real Property Records, Dallas County, Texas; and WHEREAS, Rafael Eseobar and Yolanda Escobar submitted an offer of $7,000 to purchase the Property; and WHEREAS, pursuant to §34"05(i) of the Tax Code, the City of Balch Springs via Resolution 712-13 dated March 25, 2013 and Dallas Independent School District Board of Trustees via Board File No. 61319 dated May 23, 2013, consented to the sale of the Property; and WHEREAS, proceeds from the sale shall be distributed in accordance with the Tax Code, §34"06; and WHEREAS, sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure property to interested purchasers for future development and the betterment ofthe whole neighborhood and in returning tax exempt property to the tax roll increasing tax revenue for the Taxing AuthOlities, and WHEREAS, the Director of Public Works has reviewed the offer from Rafael Escobar and Yolanda Escobar and recommends acceptance. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (I) accepts the offer from Rafael Escobar and Yolanda Escobar of $7,000 to purchase the tax foreclosure property at 2728 Crystal Drive, Balch Springs, Dallas County, Texas, DCAD Account No. 60120500030050100 (2) upon receipt of the balance of the purchase amount, authorizes the County Judge to execute the quitclaim deed, subject to post judgment tax years, the pro rata property taxes for the remaining part of the current year and to the previous owners right of redemption, if any, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code. DO:;~} I';Ej:,Cfj' ~i" --:comLbY: #(. , Alberta L. Blair, P.E. Director of Public Works PAJJ:ctb:# K:/Property/DTaxIIBa!chSprings\CO OfferCrystal2728frontsLeeper COURT ORDER . "'Lll~O 2,Ola 1 :11 11<1' ORDER NO. DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 3rd day of September, 2013, on motion made by John Wiley Price, District 3 and seconded by Dr. Elba Garcia, District 4 , the following order was adopted: WHEREAS, this matter was briefed to the Commissioners Court on August 27, 2013; and WHEREAS, the unimproved property at 149 Ace Drive, DeSoto, Texas, was offered for sale by the Sheriff of Dallas County at public auction and was struck off to the City of DeSoto, for its own behalf and as trustee for the County of Dallas and DeSoto Independent School District (collectively the "Taxing Authorities") on June I, 2010 at Sherin's Sale pursuant to delinquent tax suit No, TX-08-30195, styled County alDallas, et ai, VS, Kathryn L. Beegle; and WHEREAS, Dallas County assumed the City of DeSoto's trustee role to resell all interest in the property acquired or held by the City of DeSoto as Trustee by Court Order No, 2013- 0946 dated May 28,2013; and WHEREAS, Jose L and Maria Chapa submitted an otTer of $10,000 to purchase the Property; and WHEREAS, pursuant to §34,05U) of the Tax Code, the City of DeSoto via Resolution No, 13-06 dated May 7, 2013, and the DeSoto Independent School District via Resolution No, 08-13 dated July 22, 2013, consented to the sale of the Property, and WHEREAS, pursuant to §34,05(j) of the Tax Code, the liens foreclosed by the judgment and the post jndgment tax liens will be discharged and extinguished by virtue of the conveyance, and the sale is subject to any remaining right of redemption, and to the purchaser's obligation to pay prorated property taxes for the remaining part of the current calendar year, and is being purchased "AS IS, WITH ALL FAULTS", with no express or implied warranties of any kind whatsoever; and WHEREAS, proceeds from the sale shall be distributed in accordance with the Tax Code, §34,06; and WHEREAS, sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure property to interested purchasers for future development and the bettennent of the whole neighborhood and in returning tax exempt property to the tax roll increasing tax revenue for the Taxing Authorities; and WHEREAS, the Director of Public Works has reviewed the offer f;'om Jose l. and Maria Chapa and recommends its acceptance. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accepts the offer from Jose I. and Maria Chapa of $10,000 to purchase the vacant tax foreclosure property at 149 Ace Drive, DeSoto, Texas, DCAD Account No. 65046459010140100, amount being greater than the current market value as shown on the 2013 certifIed tax roll in compliance with §34.05(j) of the Texas Property Tax Code, (2) upon receipt of the balance of the purchase price, authorizes the County Judge to execute the quitclaim deed, subject to the prior owners' remaining right of redemption, if any, and payment of the pro rata property taxes for the remaining part of the current calendar year, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code. Recommended by: ~-=-=--' _. Alberta L. Blair, P .E. Director of Public Works r;p:AEfS.~ 'i K:/Property/DTaxiDeSoto/CoOfferAce149~g-21-13 COURT ORDER ORDER NO. 20 a 1450 DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting ofthe Commissioners Court of Dallas County, Texas, held on the _~3",r",d,--___ day of __-,S"-,e",p,-"t",em~b,,,er,- _____, 2013 on motion made by John Price, Commissioner of District 3 and seconded by _D_r_,_El_b_a_G_a_r_c_i_a_,_C_o_mm_l_'s_s_i_o_n_e_r_o_f_D_i_s_t_r_i_c_t_4 ___, the following order was adopted: WHEREAS, this matter was briefed to the Commissioners Court on January 12, 1993, Court No. 93-130, wherein the Commissioners Court agreed to use this fonn Court Order to provide the City of Dallas consent to sell specific tax properties to the highest bidder via public sealed bids; and WHEREAS, several parcels ofland were offered for sale by the Sheriff of Dallas County at public auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes, accrued penalty, interest, and court costs; and WHEREAS, those parcels ofland which did not receive a sufficient bid as set by law were struck off to the City of Dallas, Dallas County, and/or Dallas Independent School District, pursuant to Section 34.01 (c), Tax Code; and WHEREAS, pursuant to Dallas County Commissioners Court Order No. 91-1386, dated August 20,1991, Dallas County authorized the City of Dallas to act as Trustee for Dallas County in having struck off to the City, parcels of land which do not receive a sufficient bid as set by law and to execute a quitclaim deed for such parcels of land conveying for the purchaser the right, title, and interest acquired or held by Dallas County as a party to the judgment foreclosing tax liens on the parcels ofland; and WHEREAS, Commissioners Court Order No. 98-2411 dated December IS, 1998, amended Commissioners Court Order Nos. 91-1386 and 93-130 to specifically delete blanket authority to resell tax foreclosure property under Section 34.0 IS (Alternate Manner of Sale), redesignated as Section 253.010 of the Local Government Code; and WHEREAS, Dallas County and the taxing units involved desire to resell said parcels ofland in an expeditious manner pursuant to Section 34.05, Property Tax Code, specifically excluding a resale under Section 253.010 of the Local Government Code; and WHEREAS, this request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in authorizing the sale of tax foreclosure properties to interested purchasers thereby retuming the parce1( s) to the tax rolls increasing tax revenue for Dallas County. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Dallas County, Texas, that the City of Dallas as Trustee for Dallas County, in its own behalf, and on behalf of the Dallas County Community College District, the Parkland Hospital District, and the Dallas County School Equalization Fund is hereby authorized to solicit from the public sealed bids on any or all ofthe said parcels ofland (attached as Exhibit "A" hereto and made a part hereof) and does hereby consent to the sale of said parcels ofland to the highest bidder even ifthe bid tendered is less than the market value ofthe land specified in the judgment offoreclosure or the total amount of the judgment of foreclosure or the total amount of the judgments against the property. DONE IN OPEN COURT this the 3rd day of September , 2013. {!/~iJ~ Il~LI)". Clay Le;wis 'nkil}s, County Judge Dr. Theresa M. Daniel, District 1 Dr. Elba Garcia, District 4 RECOMMENDED BY: Alberta~==- Blair, P.E. Director Public Works (PAEdlclF CD/cdrive/pamRev 703 docco.sheqfsale Attachment EXHIBIT A TAX FORECLOSED PROPERTIES STRUCK OFF TO THE CITY OF DALLAS ISD AND DALLAS COUNTY (FROM THE SHERIFFS SALE JULY 2, 2013) '00000322837000000 56-D 00000677392000000 44-K 55 -N :00000131014000000: 46 -N VVJ.'-t 'vvv --I - 56 -S , 10-31876 6109 6107 3321 CREST LN 4015 3606 PENELOPE 3610 ipENELOPE :00000178498000000 3300 6026 DALE RD 00000642196000000: 66-N 3508 BOOKER ST 00000170383000000 46-X .__ ._- ---".),,--- ;--,~--- 3737 :MCBROOM ST :00000686440000000; 43 -J Amoullt in Sheriffs Deed in the lesser of the judgment amount which includes interest, penalties, code liens and civil penalties, or the assesed value in the judgment. All sizes are approximate. EXHIBIT A TAX FORECLOSED PROPERTIES STRUCK OFF TO THE CITY OF DALLAS ISO AND DALLAS COUNTY (FROM THE SHERIFF'S SALE JULY 2,2013) 2164 ~ COLDBROOK LN AND PART O,~,8~?~,~9 6035 :KEMROCK DR. 3022 :SOUTHLAND ST 2937 ;WARREN AVE 2640 iMORGAN DR Amount in Sheriffs Deed in the lesser of the judgment amount, which includes interest, penalties, code liens and civil penalties, or the assesed value in the judgment. All sizes are approximate COURT ORDER ORDER NO. 2 0 13 14 51 DATE: September 3, 2013 STATE OF TEXAS COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County. Texas, held on the _____~3"'r"'d'- ______day of ______-'S"e".p"'te"'mgb"'e"'r ______. 2013, on motion made by John Wiley Price,_ Commissioner of District 3 ______, and seconded by i Dr. Elba Garcia, Corrrrnissioner of District 4 , Ihe following order was adopted. WHEREAS, the matter set forth below was presented to Commissioners Court in briefing on August 27,2013; and WHEREAS, pursuant to Court Order 2008-1054, dated May 27, 2008. HDR Engineering, Inc,(Engineer), was awarded an indefinite delivery and quantity contract for engineering services; and WHEREAS, Court Order 2011-1437, dated August 23, 20 II, authorized Work Order No. I to Ihe above-noted contract for the 1- 35 Service Roads MCIP Project #102224 (Project) in Ihe amount of $422,769.00. which was increased by $49,838.46, pursuant to Amendment No, I, dated October II, 2011, and further increased by the amount of $49,045.28, pursuant to Amendment No.2, dated June 10,2013; and WHEREAS, Engineer agrees to complete additional work to the Project in compliance with the attached scope and fee proposal for engineering services in order to complete design of the Walnut Hill Lane sidewalk facility 1-35 Service Roads MClP Project #10222_4; and WHEREAS, the maximum amount of this Amendment No.3 is $425,343.51, which will increase Ihe amount of Word Order No. I not to exceed $946,996.25, which will be paid from Fund 196, Project 8201; and WHEREAS, this project will improve County transportation and infrastructure, which is consistent with the Dallas County Strategic Plan, particularly Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination for residents and businesses; and WHEREAS, Ihe Director of Public Works recommends execution of the attached Amendment No.3 to Work Order No. I with HDR Engineering, Inc. for completion of design ofthe Walnut Hill Lane sidewalk facility 1-35 Service Roads MClP Project #102224, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized to execute the attached Amendment No.3 to Work Order No. I of the existing contract between HDR Engineering, Inc. and Dallas County for the Walnut Lane sidewalk facility 1-35 Service Roads MCIP Project #10222_4 at a cost not to exceed $425,343.51, which will increase Ihe amount of Work Order No. I not to exceed $946,996.25, which will be paid from Fund 196, Project 8201. /~\ September ""~ ~"':N C",~;,t-i!-.. ___ --'3"'rd'-___dayof ~~t~~~n~joUl;;;J;;1-!l;1'--.--- . 'qr/~i:Jcl~r:~ 1 , '---l."I Recommended for Approval: Albcrta'~'OfPUb~C Works BDR AMENDMENT NO.3 TO WORK ORDER NO.1 ENGINEERING SERVICES CONTRACT (INDEFINITE DELIVERY, QUA1'lTlTY) Amendment Number J. Work Order Number L Project Number 10222 4. Date: August 12,2013 Pursuant to Commissioners Court Order Number 2008-1054, the contract tor engineering services (Indefinite Delivery, Quantity) dated May 27, 2008, between Dallas County and HDR Engineering, Inc.(the Engineer). l. Engineer agrees to complete the following additional work in compliance with the attached scope and fee proposal for engineering services to complete design of the Walnut Hill Lane sidewalk facility 1-35 Service Roads MCIP Project #10222_4: 11. Maximum amount of this Amendment No.3 shall not exceed $425,343.51, which will increase the amount of Work Order No. 1 not to exceed $946,996.25 unless amended per contract specifications. Funds are to be expended from: MCIP Fund 196, Project 8201 III. Dallas County point of contact: Tushar Solanki, P.E., Project Manager, 214-653- 6458, Fax: 214-653-6445. email: [email protected] ACCEPTED BY THE CONSULTANT: ACCEPTED BY DALLAS COUNTY: BUR ENGINEERING, INC. RECOMMENDED BY: / dIt;;. -' --"--\J'-i~ Al15elia L.Blair, P.E Principal Director of Public Works APPROVED BY: J /J/) ~~a: isJenklf1s SERVICES TO BE PROVIDED BY THE ENGINEER IH 35E SERVICE ROADS DALLAS COUNTY LIMITS: From: Loop 12 To: IH 635 GENERAL PROJECT OVERVIEW The work to be performed by the ENGINEER under this Contract shall consist of providing engineering services required for the preparation of plans, specifications and estimates (PS&E) for the construction of IH 35E service roads from Loop 12/1H 35E Merge to south of IH 35EIIH635 Interchange. The ENGINEER shall prepare plans, details and compute quantities to include grading, paving, drainage, removals, retaining walls, traffic control/construction sequencing, signalization, storm water pollution prevention plans, signing, pavement markings, illumination, and miscellaneous details. All PS&E shall be developed in English units. This proposal is for design from 60% development to final plans submittal for Segments 2 & 3, and for design from 0% to final plans for Segment 5. (30% and 60% stage of development and plan submittal for Segments 2 8. 3, and Walnut Hill Sidewalk Segment final plans development were previously authorized.) Design of the IH 35E service roads will be in accordance with TxDOT criteria and submittals will be according to typical TxDOT review schedules (60%, 95% and Final Plans). It is understood that submittals will be reviewed by Dallas County, City of Dallas and TxDOT. All references to submittal or coordination with TxDOT shall mean to be performed through or in coordination with COUNTY. Dallas County and the City of Dallas intend to prepare PS&E for continuous service roads on the east and west sides of IH 35E from Loop 12 to IH 635, and for a sidewalk facility along Walnut Hill Lane. The service roads to be deSigned under this agreement are described as five segments which are not currently constructed or planned by others. The segment limits will be further described below. It is assumed that Segments 2, 3 & 5 will be constructed under a separate TxDOT Control Section Job number (CSJ) from the Walnut Hill Lane Segment CSJ. It is further assumed that these two CSJ will be constructed under a single construction contract. The scope of services for the IH 35E Service Roads and Walnut Hill Lane sidewalk facility project is organized as follows: This proposal is for Segments 2, 3 & 5, and for Walnut Hill Lane Segment. This proposal is prepared with the assumption that all segments selected for design will be designed as one construction package and reviewed concurrently. The Plans, SpeCifications and Estimates scope described below will apply to each of the three service road segments. The scope of services section for each of the two segments will describe the segment limits and scope items which are particular to the segment. The scope of services for this project shall include the preparation of one PS&E package for the construction of IH 35E service roads as indicated in the Schematic Plans produced by TxDOT. The Schematic Plans have not been provided to HDR. The proposal and associated opinion of probable Page 1 of 15 7/18/2013 construction cost is based upon two-lane service roads. It is understood that the schematic, environmental and ROW has been approved and ROW acquired for the service roads. Survey, ROW, schematic and managed lanes CAD files shall be provided by TxDOT. Traffic counts shall be provided by TxDOT. Note: PS&E milestones for in-progress review submittals are identified in Attachment 1. Whenever the PS&E milestones are mentioned as percentages of completion (e.g. 95%, 100% submittals) in this scope exhibit, they correlate with Attachment 1 as shown on the following table. WO#1 WO#2 District Pre-Final Final Review 60% 95% 100% It is assumed that Segment 5 the Walnut Hill Lane Segment review submittals will be included with the PS&E submittals for Segments 2 & 3. SEGMENT 2 Segment 2 is the northbound service road on the east side of IH 35E from approximately 1,400 feet north of Walnut Hill Lane (south of Southwell Road) to the south side of Royal Lane. This task includes connections to Joe Field Road, Fabens Road, Glenda Road, Merrell Road and Southwell Road. This task includes the reconstruction of the Merrell Road intersection and a maximum reconstruction of 100 feet of the intersecting streets in the east and west directions. This task does not include reconstruction of Royal Lane. SEGMENT 3 Segment 3 is the northbound service road on the east side of I H 35E from the north side of Manana Drive to the south side of Walnut Hill Lane. Task includes extension of box culverts crossing IH 35E south of Walnut Hill Lane and preparation of bridge layouts associated with bridge class culverts. A BNSF railroad spur just north of Manana Drive has been removed so it is assumed that the service road will cross the location at grade. Coordination with BNSF shall be performed by TxDOT. Prepare traffic signal warrant study for intersection of northbound service road and Manana Drive. Traffic signal will be designed for this intersection if warranted. Design traffic and pedestrian signals for northbound and southbound service roads at Walnut Hill Lane. Signal locations will be designed to accommodate the ultimate configuration of the service roads and Walnut Hill Lane. SEGMENTS Segment 5 is the southbound service road on the west side of IH 35E from the north side of Manana Drive to the south side of Walnut Hill Lane. Task includes extension of box culverts crossing IH 35E south of Walnut Hill Lane and preparation of bridge layouts associated with bridge class culverts. A BNSF railroad spur just north of Manana Drive has been removed so it is assumed that the service road will cross the location at grade. Coordination with BNSF shall be performed by TxDOT. Page 2 of 15 7118/2013 WALNUT HILL LANE SEGMENT (This segment previously authorized) Walnut Hill Lane Segment is the north side of Walnut Hill Lane from Malibu to IH 35E northbound service road. Task includes adding a sidewalk facility along the north side of Walnut Hill Lane, a soil nail retaining wall at the Walnut Hill Lane underpass at IH 35E, and pedestrian ramps. PLANS. SPECIFICATIONS AND ESTIMATES (Tasks common to Segments 2. 3 and 6. and Walnut Hill Lane Segment) I. PROJECT MANAGEMENT A. Project Management 1. Scheduling, staffing, Projectwise and CAD setup a. Maintain project schedule (Microsoft Project) to be included with monthly invoices. b. Use WorkPlan to project staffing needs and provide adequate staffing to keep on schedule. c. Setup Projectwise file structure to be used by all HDR team members, including all sub-consultants. d. Setup Projectwise to allow access by COUNTY to review files as desired. e. Prepare CAD project development manual to be used by all HDR team members. 2. Accounting a. Prepare monthly invoices to include MIWBE reporting forms. 3. Sub-consultant management/coordination B. Meetings Meetings will be held with or in coordination with COUNTY. Assumptions have been made to account for meetings that will be necessary during design and pre-design. 1. Pre-design: This work completed under WO #1. 2. Design a. Kick-off meeting. These meeting were completed under WO #1. b. Coordination with COUNTY, City of Dallas and TxDOT. Three meetings are assumed. c. Comment resolution meetings following submittal reviews. Six meetings are assumed to coincide with submittals to TxDOT. C. DATA COLLECTION 1. Collection of as-built data from City of Dallas 2. Collection of files from TxDOT 3. Collection of data from franchise utility companies. i. Make telephone contact with utility companies to acquire drawings of existing facilities. Provide exhibit defining the segments being designed. This work completed under WO #1. ii. Provide 30% drawings to utility companies identified during preliminary contact as having systems in the area. Incorporate responses into the drawings for 60% submittal. This work completed under WO #1. iii. Utility coordination meetings. To be performed by COUNTY. Page 3 of 15 7118/2013 II. ASSEMBLY AND REVIEW OF DATA A. Collection of Data, Reports, and Maps The determination of data requirements, availability. and sources shall be coordinated with the COUNTY. Once the data needs and sources are identified, the ENGINEER shall contact the appropriate agencies and organizations to obtain the data. Data to be collected shall include: 1. Data collection, including "as-built plans", existing schematics, right-of-way maps, and previous corridor studies, reports, and/or plans conducted by other agencies and groups, environmental documents, existing channel and drainage easement data, existing traffic counts, accident data, BRINSAP records, current special provision and special specifications. 2. Utility plans and documents from appropriate municipalities and utility companies including TxDOT provided SUE plans; and as added from the TxDOT utility permitting processes. 3. Readily available flood plain information and studies from the Federal Emergency Management Agency (FEMA), the Corps of Engineers, local municipalities and/or other governmental agencies. 4. Obtain graphic files, plans, documents, and other data for existing and proposed improvements along corridor, review and organize information into design files. 5. Conduct field reconnaissance and collect data including a photographic record of notable existing features, including drainage structures, bridges, surface utilities, etc. B. Aerial Photogrammetry The ENGINEER shall use photogrammetric data provided by the TxDOT as the base (topographic) mapping for the design. C. Review of Data The ENGINEER shall review the data collected and from this information shall: 1. Integrate additional data into the study file and evaluate tasks for supporting documentation. 2. Develop additional field data, as needed, following review and discussion with the COUNTY PM. D. Review Roadway Design Criteria The ENGINEER shall apply appropriate Roadway Design Criteria and review the provided Design Summary Report (DSR) for the project and shall submit any required modifications to TxDOT for approval. The ENGINEER shall use the design criteria to identify the maximum and minimum values for all design elements and shall identify the project preferred values. Page 4 of 15 7/18/2013 E. Design Schematic The ENGINEER shall review an approved ultimate schematic prepared by TxDOT. 1. Geometric Layout, Plan and Profile Schematic Review an approved design ultimate schematic depicting the proposed improvements to the project. The design elements to be reviewed shall include the following: Control data, horizontal alignment, curve data, super elevation data, proposed pavement (type; thickness), pavement markings, construction limits, culverts, easements, existing topography, existing and proposed right of way, existing ground profile and proposed vertical alignment. 2. Preliminary Typical Sections Review preliminary typical sections from the approved design ultimate schematic, which represent both the existing and proposed conditions. 3. Preliminary Design Cross Sections Review preliminary design cross sections developed at 100' station intervals using Geopak for the ultimate schematic. F. Right of Way Review Based on the reviewed design ultimate schematic and design cross sections, the ENGINEER shall review right-of-way taking lines depicted on the design ultimate schematic. All ROW determinations are to be supplied to TxDOT at the 60% PS&E submittal. (Note: This task completed under WO #1.) G. Environmental Documentation Review The ENGINEER shall review all existing environmental documents for potential design issues and modifications. III. ROW AND UTILITY ADJUSTMENT A. Utility Adjustments 1. Prepare existing utility drawings. 2. The ENGINEER shall utilize Subsurface Utility Engineering (SUE) provided by TxDOT to locate and map existing underground utilities. B. Right-of.Way Tasks The ENGINEER shall review and identify any additional ROW requirements and provide to TxDOT. At this time no additional ROW is anticipated for the project. 1. Recover and locate using the VRS GPS network, parcel corners and other monuments along the corridor adjacent to the ROW. No right-of-entry shall be obtained and no entry onto private property shall occur. No back corners shall be tied. After all ROW corners have been recovered they shall be tied as state plane coordinates directly to the VRS system and data shall be supplied to TxDOT. 2. Analyze findings and create MicroStation V8 files with design level ROW lines and all points found. Also, include point type found and geometry along ROW lines along with property ownership information. Page 5 of 15 7118/2013 3. Deliverables shall include a MicroStation V8 file(s) showing the right-of-way lines, corners found, geometry, property ownership information and a report of coordinates gathered during the survey along with field notes and sketches. The datum supplied shall be in NAD83 surface adjusted in MicroStation V8, except for the direct ties to the VRS property corners ties. 4. The ENGINEER shall review the proposed denied access limits and confirm that all parcels currently receiving access shall continue to after completion of this project. The ENGINEER shall provide revised denied access limits to TxDOT for modification of the ROW documents by others. 5. If any additional ROW, drainage or temporary easements are required, the ENGINEER shall supply this information to TxDOT ROW section for the ROW map. TxDOT shall prepare all required right-of-way and easement maps, plats, and related documents required for acquisition of right-of-way. IV. FIELD SURVEYING A. Topography: 1. Establish a closed benchmark circuit (based on TxDOT 1-35E control) that ties into information collected and provide computations and field notes verifying the benchmark circuit. Benchmarks shall include the following: a) Horizontal control shall be established at 500-foot intervals. b) A minimum of two (2) vertical control benchmarks shall be set for each of the two (2) segments. 2. Perform on-ground topographic survey for the projected limits, including the following items: a) Establish horizontal and vertical location of all existing features within the project limits, including right-of-way lines and property corners, edge of pavement (location and material), top of curb (shot at back of curb), gutter lines, sidewalks, driveways (material), buildings, trees 4 in diameter and larger (size and type), fence lines (size and type), signs (include description), utility appurtenances and any other visible surface features within the project limits. b) The topographic survey shall be from 10 feet past the existing inside lanes and extend to the existing right-of-way line. In areas where side streets intersect the existing service roads the survey shall extend 150 feet down the side streets. c) Verify horizontal and vertical locations of existing public utilities (water, storm sewer, electric, gas, communication and sanitary sewer). Shots at inlets and manholes shall include flowline, size and direction of flow for all lines entering/leaving structure. Consultant shall not be responsible for private utilities located, not located or mis-located by others. Private utilities, such as TXU, Atmos, Verizon, etc., shall be given a one time notice to stake their utilities. d) Cross-sections of the existing ground shall be taken at maximum 50-foot intervals along the design survey baseline and at all driveways, culverts or any other structures crossing the alignment. Page 6 of 15 7/18/2013 e) Verify horizontal and vertical locations of any existing drainage channels and easements. f) Establish sufficient information (in additional to cross sections) to develop a complete digital terrain model of the project limits by taking additional shots for top/toe of slope, ditch flowlines, etc. B. Right-of-way and Property: 1. Research property owners and obtain copies of subdivision plats and ownership deeds. 2. Locate property corners and establish property lines and existing right-of-way lines. Prepare a right-of-way map of the existing right-of-way showing subdivision names, lot numbers and easements with recording information and all of the parcels of land affected by the project. V. ROADWAY DESIGN CONTROLS A. Geometric Design 1. The ENGINEER shall review the design Ultimate schematic provided by TxDOT for the design criteria for the project. 2. All geometric design shall be in conformance with TxDOT design guides and applicable manuals on the date of contract execution. B. Typical Sections 1. The ENGINEER shall prepare existing and proposed sections for IH 35E Frontage Roads, intersecting and t-streets, Walnut Hill Lane sidewalk facility, and driveways. The existing pavement structure shall be based upon available as-built, plan sets and pavement corings provided by TxDOT. ENGINEER will not perform pavement corings. The proposed service road pavement section shall be provided by TxDOT. City of Dallas streets and driveway pavement section shall be provided by the CITY. C. Design Cross Sections The ENGINEER shall prepare existing and proposed cross sections at a scale of 1" = 20' horizontal and 1" = 20' vertical (on 11X17 format). Cross sections shall be created at all grade changes, cross streets, and on 100-foot increments for IH 35E frontage roads and cross streets. D. Driveway Profiles Analyze driveways within the project and develop driveway profiles as needed to ensure that driveways function as intended. Delineate the limits of construction outside of the right of way needed to secure an adequate driveway profile. Calculate and summarize driveway quantities. Driveways shall be ADAAG/TAS compliant, as applicable. Each commercial driveway shall be profiled. Page 7 of 15 7/18/2013 E. Compute Earthwork Quantities The ENGINEER shall determine the quantities of cut and fill for each cross section and provide the earthwork quantities in a tabular format in the plans. F. Removal Sheets 1. The ENGINEER shall prepare removal sheets that identify existing surface features to be removed including driveways, paving, storm sewer piping, storm sewer inlets, abandoned water mains and abandoned sanitary sewer mains. It is assumed the franchised utilities shall either remove their own equipment or shall abandon it in place. Information on abandoned water mains and sanitary sewer shall be provided by others. 2. The ENGINEER will verify the type and thickness of pavement to be removed from available as-built drawings. ENGINEER will not perform any coring. G. Roadway Plan and Profiles 1. The ENGINEER shall develop the plan sheets and profile sheets at a Scale of H: 1" = 100'; and V: 1"=1 0' (on 11" x 17" sheets) for the main lanes, frontage roads, ramps, and cross streets. The ENGINEER shall refine the vertical alignment for the roadway based upon the approved design criteria and design ultimate schematic. The horizontal curve data and vertical curve data shall be shown including "K" values. The vertical profiles shall use the approved design ultimate schematic as the starting profile, with minor adjustments as necessary. 3. Contour Plans shall be developed for intersections. H. Miscellaneous Sheets 1. Title sheet 2. Index of sheets 3. Project layout sheets at 1"=200' scale 4. Survey control data sheets 5. Select TxDOT roadway standards. I. Other Design Elements 1. The ENGINEER shall prepare a set of geometric alignment sheets as required that depicts the horizontal and vertical control. 2. Benchmark Layout 3. Analyze turning movements for DSR defined design vehicle. Page 8 of 15 7/18/2013 J. General Guidelines for Project Development 1. The ENGINEER shall furnish COUNTY and TxDOT with a CD ROM disk of the final plans in MicroStation V8 and .pdf format for use by COUNTY and TxDOT. VI. DRAINAGE A. Hydrologic Studies, Discharges 1. The ENGINEER shall prepare a drainage area map at a scale of 1" = 100 feet or 1" = 200 feet as necessary to fit on standard 11" x 17" plan sheets. a) Master drainage area map for the site. b) Storm sewer inlet area maps. 2. For drainage areas larger than 200 acres the ENGINEER shall use two approved methods for hydrology calculations. The second hydrologic method shall be used as a check of the first method. B. Hydraulic Drainage Design and Documentation 1. The ENGINEER shall perform necessary hydraulic computations for the design of this project utilizing GEOPAK drainage, Winstorm, or THYSIS Culvert. Calculations shall include culverts, channels, storm sewers, inlets and storm water management facilities. 2. The ENGINEER shall provide all hydraulic calculations to TxDOT by showing the necessary information in the final plan set. 3. The ENGINEER shall prepare hydraulic analysis and a hydraulic report for the sizing of the cross culverts. 4. The ENGINEER shall design storm sewer improvements for the NBFR and SBFR on I H 35E and the cross streets. Storm sewer improvements shall be provided where ditches cannot be accommodated. The runoff to each inlet shall be calculated in accordance with TxDOT criteria using the appropriate design frequency and as defined in the TxDOT Hydraulic Manual and as shown on standard TxDOT runoff and inlet computation sheets. C. Produce Layout, Structural Design and Detailing of Drainage Features for: 1. Culverts i. Widening culverts crossing IH 35E frontage roads ii. Replace culvert crossing Walnut Hill Lane 2. Storm Sewer systems (Plan & Profile Layouts) for IH 35E frontage roads at a Scale of H: 1"=100'; V: 1"=10', including: 3. Outfall channel(s) within ROW or easements. (TxDOT shall prepare and acquire all easements). Page 9 of 15 7/18/2013 4. Prepare miscellaneous drainage detail sheets. 5. Select TxDOT drainage standards. D. Storm Water Pollution Prevention Plan (SW3P) 1. The ENGINEER shall design a SW3P plan consistent with the project construction phases that shall minimize sediment discharge from the project site through runoff. The ENGINEER shall prepare an erosion control plan at a 1" = 100' scale for each phase of construction. 2. Select TxDOT developed SW3P standards. E. Temporary Drainage The ENGINEER shall review the temporary drainage during phased construction by plotting cross sections at major phases of the TCP. The ENGINEER shall review drainage for positive flow and perform a low point review. Temporary drainage shall not include hydrologic study but may include temporary pipes and ditch flow lines included in the phases of construction. F. Environmental 1. Preparation and Review of Plan sheets for Environmental Permits, Issues & Commitments (EPIC) Sheets. VII. SIGNING, MARKINGS AND SIGNALIZATION A. Signing and Marking Layout: From the approved ultimate schematic the ENGINEER shall prepare a signing and marking layout at a scale of 1" = 100' feet on standard 11" x 17" plan sheets. The signing and marking layout shall identify the various types of pavement markings, proposed signing, and location of project features which would present a hazard to traffic. B. The ENGINEER shall prepare a large and small sign summary table utilizing the TxDOT standard sheets. C. No overhead sign bridges are included in this project. D. The ENGINEER shall detail all non-standard signs or marking details required for the project. E. The ENGINEER shall select TxDOT sign standards and pavement marking standards as warranted. F. Traffic Signal Layout 1. Traffic Signals a) No temporary traffic signals are anticipated in this project. Page 10 of 15 7118/2013 b) The ENGINEER shall design the permanent traffic signals required for the project. This work shall include general notes and specification data sheet, layout sheets, cable termination charts, quantity summary tables, phasing diagrams and construction detail sheets. c) The ENGINEER shall identify power sources, conduit runs, and shall show them on the project plans. The Signal System shall consist of the TxDOT standard poles and City of Dallas or the TxDOT controller cabinets. d) The ENGINEER shall design the signal foundations. 2. List of Bid Items with Quantities and Specifications a) The ENGINEER shall develop bid items for the traffic signal components for this project. The ENGINEER shall identify specifications and provisions, which are required for the traffic signal component of the project. 3. Prepare Basis of Estimate a) The ENGINEER shall develop the list of materials required for installation of the traffic signals. b) General Notes and Specification Data The ENGINEER shall identify the general notes, specifications and provisions, which are required for the traffic signal component of the project. 4. Condition Diagram Condition diagrams shall not be needed for the traffic signals. 5. Phase Sequence Diagrams Phase sequence diagrams shall not be needed for the traffic signals. 6. Construction Detail Sheets The ENGINEER shall develop the construction details as required for the traffic signals for this project. 7. Select TxDOT traffic signal standard Sheets VIII. MISCELLANEOUS ROADWAY A. Traffic Control Plan 1. The ENGINEER shall prepare and submit a preliminary conceptual traffic control plan prior to preparing final traffic control plans using typical sections and phasing sheets in accordance with the Dallas District Checklist. The preliminary conceptual traffic control plan shall be submitted in a roll format, reviewed and evaluated in a one day workshop-style meeting. (Note: This task completed under WO #1.) Page 11 of 15 7118/2013 2. Upon acceptance of the preliminary traffic control concept by TxDOT, the ENGINEER shall prepare traffic control and sequence of construction plans at a scale of 1" = 100' for the staging on IH 35E frontage roads and cross streets. The TCP plan shall also show staged construction of the cross street improvements to maintain local access. The plans shall identify work areas, temporary paving, temporary shoring, signing, detours (alignments, closures, and signage), barricades, evaluation of structural adequacy of partially removed structural elements, temporary drainage and other traffic control related items as required. Intersection reconstruction activity at the IH 35E intersections shall be identified by separate details where necessary. A narrative shall be prepared and submitted to TxDOT for review and incorporation into the plans. Temporary shoring shall be profiled in the TCP plans. Cross sections shall be provided by phase. Select TxDOT developed TCP standard sheets. B. Traffic Control Plan, Quantities and Estimate The ENGINEER shall prepare quantities and summary for all pay items utilized during this segment of the project. C. Specifications and General Notes The ENGINEER shall prepare any special specifications and shall work with the COUNTY and TxDOT to identify the applicable general notes. The ENGINEER shall select TxDOT developed TCP Standard Sheets. D. Retaining Wall Plan and Profile Layouts The ENGINEER shall shall prepare retaining wall plan and profile layouts at a scale of 1 "=40' feet with elevations, quantity estimate summary of quantities, typical sections, drainage and structural details. The ENGINEER shall provide retaining wall Key Map. MSE walls shall be used where possible. Design calculations shall not be needed for MSE walls other than global stability analysis based on geotechnical data. 1. The ENGINEER shall prepare retaining wall layouts and retaining wall sections for each wall on the project. The ENGINEER shall select and insert Retaining Wall Standard Sheets. Estimated retaining wall locations and lengths are noted below: Retaining Walls (NBFR) Length Sta. 1075+00 to Sta. 1079+50 450 Retaining Walls (NBFR) Length Sta. XXXX+OO to Sta. XXXX+OO X Retaining Walls (SBFR) Length Sta. XXXX+OO to Sta. XXXX+OO X Length Retaining Walls (Walnut Hill Lane) 300 Sta. 8+50 to Sta. 11 +50 Page 12 of 15 7/18/2013 2. The ENGINEER shall prepare a Global Stability analysis for each retaining wall from the geotechnical information provided by the STATE. E. Roadway Illumination and Electrical Plans The scope does not include any illumination or electrical plans. F. Agreements 1. Utility agreements The ENGINEER shall aid the COUNTY in production of exhibits and estimates for the utility agreements. G. Miscellaneous Items The ENGINEER shall provide miscellaneous design items including: 1. The ENGINEER shall develop an estimate of quantities, summary table sheets, and an estimate of probable cost using TxDOT bid items to be provided at the pre-final (95%) submittal and final (100%) submittal. The bid items for Segments 2, 3 & 5 will be tabulated under a separate CSJ from the Walnut Hill Lane Segment. The summary sheets and estimate of probable cost will show the items for each CSJ separately. (Note: estimates for preliminary design submittal (30%), and the plans district review submittal (60%) were provided under WO #1.) 2. Applicable general notes and specifications from lists provided by TxDOT at the district review submittal. 3. QAQC shall be performed at the pre-final (95%) and final plans (100%) submittals. 4. The ENGINEER's QAQC review set shall be provided with each submittal. 5. The ENGINEER shall prepare project correspondence and progress reports, coordinate with sub-consultants, and maintain routine project record keeping. H. Geotechnical Services The ENGINEER shall perform: 1. All geotechnical information/soil analysis/foundation recommendations for retaining walls. Borings shall be provided by the ENGINEER. a) The ENGINEER shall perform all laboratory tests to define soil strength values, and to evaluate soil compressibility including but not limited to: Unconfined compression, unconsolidated undrained and consolidated undrained triaxial compression tests (only required if soft soils are encountered); b) Liquid and plastic limits, moisture contents, and unit weights (only required if soft soils are encountered); Page 13 of 15 7118/2013 c) Consolidation tests where fills over 15 feet or MSE walls are anticipated. d) The ENGINEER shall provide signed and sealed documents to be used in PS&E plan preparation. e) Settlement calculations shall be provided as determined by the ENGINEER. 2. The ENGINEER shall use the boring and test data and shall follow the procedures and design guidelines in the STATE Geotechnical Manual. a) Coordination i. Develop the subsurface investigation program including numbers of borings, estimated boring depths, boring locations, required sampling, and laboratory testing program. b) Geotechnical Report Preparation i. Develop recommendations for design of drilled shaft foundations for the proposed Bridge, Drill Shaft Retaining Walls and Large Sign Structures and include in the Geotechnical Report. Develop recommendations and design parameters for design of retaining walls (including wall type recommendations) and include in the Geotechnical Report. Perform global stability, bearing capacity, sliding resistance, backfill lateral earth pressures, drainage, and settlement analyses of MSE walls. Perform retaining wall bearing resistance check by comparing allowable bearing resistance with bearing pressure imposed by retaining walls. I. PS&E Package Coordination The ENGINEER shall manage the assembly of the PS&E package to include the following: 1. Plan assembly with sheet numbers. 2. Coordination with the Team members for deliverables. 3. Printing of interim and complete PS&E submittals for delivery to COUNTY and TxDOT. 4. Checking plans prepared by subconsultants for coordination and completeness. 5. Checking plans prepared by subconsultants for consistency at interface points. IX. DELIVERABLES The ENGINEER shall provide the following information at each submittal: A. Traffic Control Concept (Note: This work completed under WO #1.) 1. 3 sets of a roll format traffic control concept for COUNTY and TxDOT review Page 14 of 15 7/18/2013 B. Preliminary Design Submittal (30%) (Note: This work completed under WO #1.) 1. 11 sets of 11" x 17" plan sheets for COUNTY and TxDOT Review 2. 4 set of 11" x 17" 1"=40' cross sections for COUNTY and TxDOT Review 3. Estimate of construction cost in Microsoft EXCEL format 4. ENGINEER's internal QAQC marked-up set C. District Review Submittal (60%) (Note: This work completed under WO #1.) 1. 15 sets of 11" x 17" plan sheets for COUNTY and TxDOT Review 2. 5 sets of 11" x 17" 1"=40' cross sections for COUNTY and TxDOT review 3. Estimate of construction cost 4. ENGINEER's internal QAQC marked-up set D. Division Bridge Review (Note: This work completed under WO #1.) 7 sets of Bridge Layouts (for bridge class culverts) E. Traffic Control Safety Review Set (60%) (Note: This work completed under WO #1.) 7 sets of 11" x 17" TCP plan sheets and supporting plans for COUNTY and TxDOT Review F. Pre·Final Review Submittal (95%) 1. 12 sets of 11" x 17" plan sheets for COUNTY and TxDOT Review 2. 5 sets of 11" x 17" 1"=40' cross sections for COUNTY and TxDOT review 3. General Notes and SpeCifications Data 4. Estimate of construction cost 6. Contract Time Determination 5. ENGINEER's internal QAQC marked-up set G. Final Submittal (100%) 1. 13 sets of 11" x 17" plan sheets for COUNTY and TxDOT Review 2. 1 set of 11" x 17" white mylar sheets 3. Estimate of construction cost 4. Construction Schedule 5. General Notes 6. ENGINEER's internal QAQC marked-up set 7. CD of Final drawings including GPK files for TxDOT 8. A separate CD containing cross section information for Contractor's use 9. 9 sets of 11" x 17" 1 "=20' final cross sections (Paper) Page 15 of 15 7/18/2013 1m 35 East(from Loop 12 to So. ofIH 63S Interchang~}_Seryi""Road. RDR ENGINEERlNG·, MANHOURBREAKDOWN Fcc Proposal for 100% design ofWamut Hill Sidewalk and Segment 5 and 60-100% design of Segments 2 and 3 ICONSTRIJCTION PLANS, SPECIFICAUONS Al'.'D ESTlMATES OfRECT % Tota! , E C D E F G H K TOTAL LAB,OH ,.. lY.w:t1k:KdJ1lkm (Con(rlt<;( Rn!cs) $192.05 $171.77 $165.91 $148.59 $128.30 $96.43 $116.71 $96.43 .$16.14 .$13.25 $'10.63 uru; & PROFIT Task SEGMENT 5 '"labor C,leunries" iA~ Principal llDRExp"""cs B - P!"C\iect lvfun"ger C ~ Sruior Eng;""", SEGMENT 5 (O%·!(JO%) S613.:l0 D ~ Project Engineer SEGMENT 2 (6()%.100"1o) SI,%O.OO E ~ DOOSIgn Engilleer SEGMENT 3 (6()%·!(Wl%) $1,155.48 1'~ElT SlDEWALK(O%-IOO%) SO.!N) G G Sf. EngmecrToclmicifln TOTAL BDR EXPIo'NSES S3,nS.n H ~ Sr. CADD Technician % HUBar I ~ CADDTedmician TotalS J w ArtminfClcnclll 47% K~Acco"utam .. _--- TOTAL HUB - SUB COST TOTAL: $198,000.00 srmCQN1'RACTS lJ2l.d.L.l:E.()fFr-r GORRONDONA S35,380.00 HUB FIR!A CRlADO S111,IOO,OO [{VfJ HRM [" NON HUB - SUB COST TOTAL: $6,670.00 URBAN S45,520.00 lfUB HRM TERRACON $6,670,00 HDR COST TOTAl,; $220,673.51 SEGMENTS 2,,3.5 & WALNUTHILL-IOO% $425,343.51 ; ; ~ l 1 l ; H I, i, l I q q" ~ d ~ " n q~ i n ~ , ~ ,~ ,pol " ,iU ' , ~ P2 n n sid ~p: ~ ~ ~ ~ ~ ~ i ,! n ' ! f d ~ g~ ~n nUl L ~ ? ,, , , , : , , ,,Ii "I nt""}~t~t~. nn;nin~~ ~li~~~l~~~~[~ 'r m 35 E." {f,." Loop" to So. of III 6>5 ,",,,,".. ,<1 ,S<""'; CRl~»O & ,"SSOC'ATM __"MmOlJR "REAKOOWN CONSl'R1XT'ON PLANS, Sr'!CJHC'\T!O~~ -"''iO [,TtIIATES TonL {,AU,On }Kd;l~ eoo,~o'R".") $"~_OO " $"5,"" $95." " $65.00 fiRS &PROHT r:"" '19>_"" $'''"' COl,!.!""IO"" 0;' 0'\ rA REl'Olt1, '" MMS 000% REVIFWOfIlA'A SO"O REo-V,EW ~OA"W A Y DFs,,)~ CRITU'A M,% RI!VIE\'.' rn;s'G~ ",,"",lAl [e RluHHW W.,V REV"'W $ltDO ,W'RONMW rAI_ 'lC"iCUMlON'!AflOK REV'EW I 001'% ~RF.PAR" UTlU[Y ORAW1M," RIGfETOFWAY'ASKS FIELt) SWR\~;yjNG (Go"",,",,,) snoo (WOMETR[e OESH)~ TYl'ICALSH"'O", Dl'stG" eROS, SE("nONS SOOO DRlVEWAYPIWI'lL"s S(I,", COMPUTE EARTHWORK Q(;A~' illES noo% \(\'M(tVALS"!'.ET' [t"O% RO_~PW A Y "LAN /L~D eROFIL", MISCELLANEO'" "WEr~ OTfE"R D£SW~ EL£ME~T' iHiII\-, R£C<)ROPL,~'" Rr,SEAR~'H pi. DRAIKAGE PR()FILE~ (Cn""') DRAlNA Q,vQC (e,,,"") ,0 "."",_00 '4S~" PR())FCT,'OOR"'''ATlO" Wno"o, " " S(l"O PI"",'!"" >~E<"5"R1NTINaimKn'~u it'ri"'''i 1"_0" COSt' ;;S,""'ArE "'n,,Jo) '"0% SiGN ,~PAV'1M£NT'lAl\KmO<"-~KnARDS ow% oM% WAff[eCONTRQL I'l.A" "" 000% Tce Q"AN rITIES & ,_"' [MATE ~!'"CW'CA110NS &OENER_oJ. NOT" 000" RnAl'ilN AGREEME"-'- FOR ulJuYlTIS SOO" MISCELL"'W<)", lTH4S ""0% rs"E PAcKAGI) ("GORDINAT[ON SOOO RI'J OCAT10;l of IR>J;FIG ,lUNAt. POLE, (l""''') woo OC{(E\'if.W 000% so 0<> 000% Mo% W_DO ~OO'" 00'% 0011% "000/, TOTAL lHR>:CT I_AIlOR C( ';0 m m 1",0,,"_"0 % ofTo"] II,,",", "1 ,-,,,,,, C"""k""o~ .2,."9% '-":!%'" 0_0"% 246'% '0'8% 000% 0000/, O.OU% LWI. SEGMENT 51'ROJECT COST: 554,040.00 !criado III JS E,,, (f.om L,". " '" So. of IU OJ, M", CONSTIlUCTION Pl,ANS. srECII'ICATIO~g AN" P.STIMATES 0/.1'.,,1 LIlB.OH W"'''","""io" Con""'R",~) $"•. 00 "IMO ,","0 1M" S.... , lIRS ~ CO(.lH"TIO) REV'''W R()ADWAYDE~! ~1(JllT OF WAY REV'"W ;0.00 000% F>N'RONMEN rAL !XJCL'MEt-.1' ATlGN REVIEW "RE!'Ait£ UTlLlTYIJRAW''''G' O{j(I% RlG"YO,WAY ,N;KS FlEW SURVE\1NG (Go"""",,) SO.G' '.00% G"OMETRIC OESI()N o,I~% TYPICAL SHcmms 000% DI'SlGN CROSSSEn,ON$ DRIVUWAvrRO,"'U·S SOM oM% COMPOTE EARHIWORK Qv,m,rIES RBlOVA" SIII'ETS SO"O ROADWAYPLA'I.'''5)"RO'llB MlSCELLANH'!),S,mns 0.00<4 orHER ",:SIGN EU;ME~-rS 1o,," O,ot~4 HY!lROl.OO!t'STE!D~;S.O"C"A"G"" (Cri"o) \0."" HYl)RA~'UC ORA'NMIE DESIO!' (C,;,do) "II tAYOVT & o(,smNOI' I}RAINMIHEATURE" (C,''''") woo o.w% ,wJP "[I r"MN~ARY ORA'''AGE ('-'nodo) 1M" ".00% ,Mo E~VIRG"MENTAL SHEFf' """" M(l~[N(l& MARKNG LAYO<) , sooo 1~~RuE & SMAtLS10N S!!MMARY "oo 0.0'% SIG~ "PAVr,MFNTMARKING sfANl)ARm 000% fAAFFK: CONTROL rL~ \0.00 Q,Q{)% Tel' QUAl'H"'''iS &. 8ST''''l~ n: MiHO 0,00% .HTII'WATIONS '" G~NERAL "01ES 0,00% RETMNING WAH,PLA" '" fROI'!LE LAYOUTS Sl.~ WDo ~,oo% AGREEMENr H>R lJTlI.IT!ES \!JW 0,00% M!Scn,LANEO"" "DIS SfHJ0 [),OO% I'~"'E rN'KAG~ COClRDlNA no" RELOCATION ol'TRAf'!',e "'G""'.N~ '--S"T~G""MENT 5 PROJECT COST: $31,310.00 IUrban , ,! II ~ -~ it ,d ~ i ~ §' ~d i II!, 1 ,i I, , i~ ~ ,~ ! ' ! I!l 35 E,,, (f",,,, I-<><>p n '" So. of m"" i""",b""!l')' $",'10, \\0 ••, CIUAll<) '" ASSOCl,~TM. ~1.<.Nl!OUR BREAKOOWN CONSTlW(,,[ON rIAN~, Srt<:JFlCATlONS A1'1) ESnMAT~S DumCT %T."I H H , TOTAL tAB.O!l W~,Uk,.,,,,!!"" ~"""'ct ,''',",) $l'>:5.M SUMO 5'''.00 59>_00 S15.~n $65.~6 !IRS &!'ROH! "' COLLECTION " .. (lArA, RF-P[)R" & ",\PS SO_V" o-,)/)% REYlEW OF DATA W~O 0_00% flI)"lfWj\OADWAY "ESIGN CR!TERlA $O,W 0_00" RF'lf-W DESIGN sCHEMATIC Sf),INl ,~ RlGI!'fUJ-'WAYRE\-1EW wOO "J)"% Et-'VlRO:'lM!-::< I At 1l0C(!M"NTATlON REVIEW W,()/) ,~ PRffARF '-' I II,TIY DRA WrNGS ~G"" n.oo% i1;IGHTOfWAYT-\SKS SOOO niXl% FIELD S\3RVEYI: GmMf:fRlC DESIG:--i SO.oG ~.oo% lYPICAI. sECTIONS SMa O~" DESIGN CRO~~ "FCTlONS DRIVI'II',\ Y PROFILES SQOO o~ COMP(!],£ r;.WnfWOR,K Ql;Al'IT!lES oo"" 0,000/. RH¥)VAI.'HE£TS 0000 ,- RO~Dw"y fl,\N ANDPRDI'Il.ES SMO GOO% MIKl'IX.AXEOliSSHEETS SO-,,,, u,oo% OTHER Uf$lGN "LEMl'NTS so,on ,-0,(1(1% RECORD !'L,NS !\f$MRCH (eri,.!o) 10,00 ARM naJNF-A llGN & I!YDR0LOGI" ANAI.YSIS(Cri,do) so.oo 0_00% LWOllT &- I)ESI(lN Of DRAINAGE FIlATlJRES(Cn,do) J2S ~J7,S''''_00 ]OO,()I)% Dfl,A'NAGE rRG!-'ILfS (Co,d,,) " '" '" " moo [)RA'NAGE CALCVLA TlONS (Cn,,",,) W"O Q_"'QC(Cn.Jo) $0_00 ,- PROll'C-rC[)(WDlNAT!O)l (CnAdo) 50_00 O_()I)% PLA);~ & SPECS PHINTI"'GffilNPiNG (CriMlO) $0_00 OJ)/)% COST EST'MATE(Cn""o) $0_00 U_OO% SIGN & PAVEMENfMA)<](IN[)STAN!}ARDB to(>O MO% m,\H,eCONTl SPFC!FICATIONS & GFNEl RlrfAINING WAI J _P!.A); & f'ROF'LE ,.~ YOUTS);IA 0,00% ,\ORI'HMj;NT!-OR UTILITIES 0,00% ~USCH-le~NmV' nEMS "00 Mo"" )'8&" PACKAGE COORDlNA 1'10); ",.00 0,0(1% MEAAEU_ ROAIlI"TERSECTI<); WoO" 0_00% IT'Hl'RSFCTING STRI1'TCONNECTION< $ R{)V AL L\NE INWR'C:CTION $'J.~O "-,Xl% QCRFVIEW SO_flO ~_OO% M_oo MO% SQ,oo "_00% woo "_00% ~o,oo "_00% 0000 ,-n-oo% rorALI}lRECTLABORCO 12 106", E.!.. S)1,S4 SEGl't-IENT 2 PRoJ).;C-r COST: $32,840.00 ICriado nnnn~n~ i !I,~ • "B " "S ~ ," "f ~ , ," ~ r ~ , 8 ~ 8 ~ . , ,~ ~ ~ , ~ ~ ~ ~ ~ , ~ ~ ~ • , ,~ ,'" ~ i ! , ~ ~ ~ ~ ~ ::; Ii ~ ~ ~ ~ ; , , t':! • , , , g j 8 , , ! ~ , , m , .' ~ ~ ~ , ~ ! ~ I$ , ~ ~ ; ~ ~ , ~ e , ! ~ ; , n , , $ ~ > ~ , ~ , ~ ~ S , ~ , ~ ~ , , ~ £ ,~ , ~ , , .; g '" ; , ~ ~ ~ , ~ ~ ! ~ , ~ ~ ~ ! g' ~ 0 I ~ , "' , iii ", , ! ~ ! \ , ij 1 i ~ p ~, g ~ ,~ ~ ,; ~ ~ , , . R , , , I'" Ik.' ~ , , , , , , , , , , , , , , , , , , , , , , ,.~ , , , , , , , , , , , , ,~ , , , , , , , , , ~ i , ,; , , ; ; , ; , y 1 5 ~ , ~ ~ , , ~ ~ ~ , , ~ , ~ ? I ~ ~ ~ "0 < ,~ ~ E ~ , I q 0 0 ~ !' I, E , ~ ~ ~:I!~ ~ c ~ l:, , i , , ~ , 1£ , , , ~ , ; 1'1, ~, COURT ORDER I ORDER NO. 013 1452 DATE: September 3,2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on b!th!l'e'---__~3"-r_d ______day of ____-"S"'eptlill'em"""b""er'-- __~, 2013, on motion made by __J_o_hn __ W_l_·l_e~y __ P_f_ic_e_,_C_o_mm_l_·s_s_i_o_ne_f_o_f_D_i_s_tf_l_·C_t_3 ______, and seconded by __D_f_._El_b_a_G_a_f_c_ia-,-, _C_o_tmn_-_is_s_i_o_n_e_f_o_f_D_i_s_tf_l_'c_t_4 ______-', the following order was adopted: WHEREAS, pursuant to Court Order 2011-1859, dated October 25,2011, an indefinite delivery and quantity contract for engineering services (RFQ 2011-053-5501) in District 2 between Dallas County and ARS Engineers, Inc. is now in effect; and WHEREAS, the need exists to perform certain survey services for the East Dallas Veloway-YMCA Connector Phase 3 MCIP Project 20214; and WHEREAS, the services to be performed are described in the attached Work Order Number One (1) to this contract; and WHEREAS, it is estimated that $7,475.00 is sufficient to perform these services under the work order; and WHEREAS, 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 WHEREAS, the Director of Public Works recommends executing Work Order Number One (1) with ARS Engineers, Inc. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is authorized to execute the attached Work Order One (1) to the engineering indefinite delivery and quantity contract between Dallas County and ARS Engineers, Inc., for East Dallas Ve!oway-YMCA Connector Phase 3 MCIP Project 20214 in an amount not to exceed $7,475.00 to be paid from Fund 196, Project 8201. __~3,-rd _____ day of __--'s"'e'!'~"'te"'m"'b"'e"'-r-=--- ~___~13. 11/~G Ik Jib., ~~ Dr. Theresa Ditniel, District 1 ike Cantrell, District 2 -~ .;cf/~' p lce~t ~, ____ ,Aecommended 4-::::-:-:--:=-= __ For Approval: ~B1ai;:: P.E. Director of Public Works ARS ENGINEERS, INC. WORK ORDER NO.1 ROAD AND BRIDGE DISTRICT 2 ENGINEERING SERVICES CONTRACT (INDEFINITE DELIVERY, INDEFINITE QUANTITY) Work Order Number ---''--_, Project Number 20214, Date: August 13,2013 Pursuant to Commissioners Court Order Number 2011-1859, the contract for Engineering Services (Indefinite Delivery, Quantity) dated October 25,2011, between Dallas County and ARS Engineers, Inc., (the Consultant). I. CONSULTANT agrees to complete thc work in compliance with the work order and contract for Survcy Services for the East Dallas Veloway-YMCA Connector Phase 3 MCIP Project 20214 as described in the Scope of Services. II. Maximum amount of this Work Order shall not exceed $7,475.00 unless amended per contract specifications. Funds are to be expended from: MCIP Fund 196, Project 8201 III. Dallas Connty point of contact: Tnshar Solanki, P.E., Project Manager, 214.653.6458, Fax: 214.653.6445, email: Tnshar.so1anki(dldalIasconn1YJ2t:g ACCEPTED BY THE CONSULTANT: ARS ENGINEERS, INC. By: A1ts~~ RECOMMENDED BY: APPROVED BY: Tushar Solanki, P .E. Project Manager Director of Public Works SCOPE OF SERVICES A.R.S. ENGINEERS 2013 SURVEY COST ESTIMATE DALLAS COUNTY VELOWAY EASEMENTS ARS Project No. 30213041 RPl$ SRSVY Svv 2 MAN 2 MAN I 3MAN FIELD TECH FIELD TECH ADMIN ABSTRACTOR PROJ. MGR. TECH TECH CREW CREWw/GPS CREW GPS/ROBOT A RESEARCH 1 Research EXlst!ng Plant Records/lnfo 2 4 B CONTROL SURVEY 1 Establish Horizontal and Vertical ContrOl on Site C BOUNDARY SURVEY 1 Boundary Surveys to establish parent tracts 2 6 10 2 Preparation of (3) Parcel Exhibits and Descriptions 8 16 3 Easement staking per City of Dallas and TBPLS requirements 2 8 TOTALS I 0' 14 29 o o 19 o o o ,0,'; Page 1 08/01/13 SCOPE OF SERVICES A.R.S. ENGINEERS 2013 SURVEY COST ESTIMATE DALLAS COUNTY VELOWAY EASEMENTS ARS Project No. 30213041 ADMIN ABSTRACTOR TOTAL CONTRACT COST $7,475.00 Page 2 08/01/13 COURT ORDER 013 1453 ORDER NO, DATE: September 3, 2013 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 3rd day of September, 2013, on motion made by John Hiley Price, Comm, of District 3 and seconded __,_E_l_b_a_G_a_r_c_i_a-,-C_o_mm __ , _o_f_D_~_' s_t_r_~_' c_t_4 __ , the following order was adopted: WHEREAS, this matter was briefed to the Commissioners Court on August 27, 2013; and WHEREAS, the unimproved property at 1712 Canyon View Court, Cedar Hill" Texas, was offered for sale by the Sheriff of Dallas County at public auction and was struck off to the County of Dallas, for its own behalf and as trustee for the City of Cedar Hill and Cedar Hill Independent School District (collectively the "Taxing Authorities") on December 4,2012, pursuant to delinquent tax suit No. TX-09-31818, styled Dallas County, et af vs. Fanencia Powe, et af; and WHEREAS, Gerald Robinson submitted an offer of $10,000 to purchase the Property; and WHEREAS, pursuant to §34.05(i) of the Tax Code, the City of Cedar Hill via Resolution R13-380 dated February 12, 2013, and the Cedar Hill Independent School District via Resolution dated June 29, 2013, consented to the sale of the Property; and WHEREAS, the potential purchaser, Gerald Robinson failed to timely close on the Property, thereby breaching the Agreement dated July 9, 2013 by default and forfeiting his entire $1,500 deposit to Dallas County; and WHEREAS, the forfeited deposit of $1,500 which was submitted with the offer was placed in Escrow Account Fund 00532.0.21730.0.0.0.0.0 and will be subsequently transferred to Account No. 120-44557 (Sale of Real Estate). IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court rescind Court Order 2013-1197 dated July 9, 2013 authorizing the sale of the tax foreclosed property at 1712 Canyon View Court, Cedar Hill, Texas to Gerald Robinson for $10,000, and the Agreement associated with this sale is hereby null and void. Recommended by: Alberta L. Blair, P.E. Director of Public Works K/Propcrty/Dtax/CedarHilLiCORscndOfferCanyon Vicw1712 III COURT ORDER ORDER NO: 013 1454 DATE: September 3, 2013 STATE OF TEXAS } COUNTY OF DALLAS } BE IT REMEMBERED at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 3rd day of September 2013, on a motion made by John Wiley Price, Commissioner of District 3 and seconded by Dr. Elba Garcia, Commissioner of District 4 , the following Order was adopted: WHEREAS, Commissioners Court was briefed on August 6, 2013 about the Dallas County Contract for Services with Transicare, Inc, (the Contract) under the Dallas County Behavioral Health Leadership Team's (BHL T) 1115 Waiver project, Development of Behavioral Health Crisis Stabilization Services as Alternatives to Hospitalization, called the Crisis Services Project; and WHEREAS, Transicare is a Texas for-profit company which currently contracts with Value Options to provide services within the NorthSTAR system; and WHEREAS, Transicare will provide post-acute transition services for high need clients who are discharged from the Dallas County jail and other higher levels of behavioral health care; and WHEREAS, the services that Transicare will provide pursuant to the Contract will be funded by the 1115 Waiver, which provides for the use of certain public funds as Intergovernmental Transfers (IGT) eligible for Federal matching under the Delivery System Reform Incentive Payment (DSRIP) program, which provides incentive payments for projects that enhance access to health care, increase the quality and cost-effectiveness of care, and improve the health of patients and family serviced; and WHEREAS, upon contract execution, Transicare may request reimbursement up to $104,302,00 in implementation and planning costs incurred to date in establishing the Crisis Services Project as provided for in Exhibit B to the Contract for Services between Dallas county and Transicare; and WHEREAS, Transicare will be reimbursed up to $1,053,805,00 for services in the contract period from contract execution through September 30, 2014; and WHEREAS, total reimbursement to Transicare under the Contract will not exceed $1,158,107,00; and WHEREAS, this Contract represents the initial phase of Transicare's services for the Crisis Services Project and as the project moves forward, additional services are anticipated as being needed from Transicare with any additional services to be formalized in a contract amendment IT IS THEREFORE RESOLVED that the Dallas County Commissioners Court approves the attached Dallas County Contract for Services with Transicare, Inc. and authorizes the Dallas County Judge to sign the contract and all related documents. Dr. Theresa M. Daniel Mike Cantrell Commissioner District #1 r. Elba Garcia Commissioner District #4 STATE OF TEXAS § § COUNTY OF DALLAS § DALLAS COUNTY CONTRACT FOR SERVICES with TRANSICARE, INC. 1. PARTIES TO AGREEMENT This Contract (hereinafter referred to as the "Contract") is made and entered into by and between Dallas County, Texas (hereinafter referred to as "County") and Transicare, Inc. (hereinafter referred to as "Transicare"). The parties have agreed, and by the execution hereof, are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. 2. CONTRACT TERM The Initial Term of this Contract is for a period commencing on the date of execution of this Contract and ending on September 30, 2014, unless terminated earlier under any provision hereof ('Term"). The Parties will confer prior to the end of the Term to determine whether a future contractual relationship related to the subject matter of this Agreement is mutually beneficial, and if the Parties desire to enter into a future contractual arrangement, will negotiate that arrangement in good faith. Unless this Contract is terminated prior the expiration of the Term, Transicare agrees that the terms and conditions of this Contract shall remain in effect for such a period of time following the expiration of the Term as may be reasonably necessary, but not to exceed 120 days, to renew or re-solicit this Contract 3. PROJECT DESCRIPTION In December 2011, the Texas Health and Human Services Commission ("HHSC") received approval from the Federal Centers for Medicare and Medicaid Services ("CMS") for the 1115 Healthcare Transformation Waiver (the "Waiver"). The Waiver provides a new funding mechanism of federal matching of local government funds ("IGT Funds") under the Delivery System Reform Incentive Payment program ("DSRIP"), which provides incentive payments for projects that enhance access to health care, increase the quality and cost-effectiveness of care, and improve the health of patients and family serviced. County's Behavioral Health Leadership Team's ("BHL T") Crisis Services Project (the "Project") will implement a data sharing system and provide the following services to persons in behavioral health crisis: targeted crisis call center capacity and mobile crisis teams, telehealth and telemedicine, and post-acute intensive case management teams. CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANsrCARE -71l7i20IJ Page 1 The Project targets reducing the use of higher levels of care and criminal justice involvement for persons with behavioral health needs by offering an integrated approach to increasing diversion from jail, Parkland's community clinics, and emergency rooms. Transicare, an existing NorthSTAR service provider, will provide post-acute treatment services under the Project as set forth in this Contract. Services must be closely coordinated with Value Options, the NorthSTAR managed care organization. 4. INCORPORATED DOCUMENTS The following documents are incorporated by reference as if fully reproduced herein: (a) Transicare's Statement of Work, Exhibit A; (b) Payment Schedule and Not to Exceed Amount, Exhibit B; (e) County's MinoritylWomen Owned Business documentation, Exhibit C. 5. ORDER OF PRECEDENCE In the event of any conflict or inconsistency between or among the provisions of this Contract, any incorporated or referenced document, any exhibit, or associated document, such conflict or inconsistency shall be resolved in the following order of precedence: (1) this Contract and any subsequent amendments; (2) Transicare's Statement of Work, Exhibit A; (3) the Payment Schedule and Not to Exceed Amount, Exhibit B. 6. PROJECT FUNDING The County will allocate to Transicare, for Transicare to provide post-acute treatment services identified in Exhibit A ("Services"), an amount not to exceed One Million One Hundred Fifty Eight Thousand One Hundred Seven Dollars ($1,158,107.00) (the "Transicare Funds") during the Term of this Contract. The Payment Schedule and Not to Exceed Amount is further detailed in Section 8 below and attached Exhibit B. Annual renewal funding is dependent upon funding availability and the laws regulating the Project. Transicare will be solely responsible for any costs in excess of the Transicare Funds and for any unauthorized or disallowed costs that are incurred hereunder. The Transicare Funds are to be used by Transicare to provide the Services listed in Exhibit A. Any equipment purchased by Transicare to allow or assist Transicare's performance of its obligations under this Agreement shall remain the property of Transicare at the end of the Term, even if the cost for the equipment was reimbursed by the County. 7. IMPLEMENTATION RESPONSIBILITIES The responsibilities for this Contract will be divided between the County and Transicare as follows: A. County: CONTRACT FOR SERVICES BETWEEN COUNTY AND T·RANSICARE -711712013 Page 2 1. County shall provide Transicare with the adequate information at time of referral for Transicare to initiate services. Such information shall include, but not be limited to, a treatment and/or discharge plan, details about supervision requirements, details about future Court action, including dates client is expected to appear for Court or supervision appointments, and client's prior history of criminal justice system involvement. 2. County agrees to facilitate Transicare's access to referred clients while incarcerated in the Dallas County jail. 3. County reserves the right to terminate a client's placement with Transicare at any time. 4. County shall utilize program outcome data to make revisions to the Crisis Services Program as appropriate. B. Transicare : 1. Transicare's responsibilities are detailed in the Attached Exhibit A and refered to herein as "Services." 8. METHOD AND TIMING OF FUNDING/PAYMENTS A. Transicare shall be reimbursed on a monthly basis for actual expenses in providing Services. All reimbursement requests shall be made in accordance with the detailed budget in Exhibit B. The parties recognize that the budget in Exhibit B is a rough estimate of anticipated expenses and that expenses actually incurred which exceed the budgeted amount for any given category of expense will nevertheless be reimbursed but, in no event will the total reimbursement under this Agreement exceed the amount stated in paragraph 6. Staff expenses shall be reimbursed monthly only for expenses actually incurred. In the event that a staff position is vacant for all or any portion of a month, Transicare shall not be reimbursed for the time the position is vacant. A position is not considered vacant merely because an employee assigned to a position is absent in accordance with Transicare's vacation, sick leave, or other fringe benefit policy, and Transicare shall be entitled to reimbursement for expenses incurred to ensure the continuity of Services during an employee's absence, including the cost of any employee temporarily assigned to perform the obligations of an absent employee. Transicare shall also be reimbursed for non-staff expenses that are actually incurred. B. Requests for reimbursement must be received by County no later than forty-five (45) working days after the last day of the month for which the services were rendered. Reimbursements requests shall be submitted in a format approved by County. Payment will be made to Transicare by Dallas County within thirty (30) days of receipt of request for reimbursement. If Transicare fails to submit a request for reimbursement of an expense when originally due, Transicare may submit the expense in a later request for reimbursement without penalty. CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE-7/I7/2013 Page 3 C. In the event that County determines through an audit or other means that Transicare has failed to provide proper documentation to show the actual provision of Services, County may request documentation to justify the amounts reimbursed for any period during the Term from Transicare. However, in the event adequate documentation is not provided in a timely manner or remains insufficient to show the actual provision of Services, County may exercise one or more of the remedies outlined in Section 20.B. D. Upon Contract execution, Transicare may submit a request for reimbursement of implementation and planning expenses, related to the implementation of this Contract through the date Transicare commences the provision of Services under this Contract, in an amount not to exceed One Hundred Four Thousand Three Hundred Two Dollars ($104,302) as detailed in Exhibit B. Transicare will only be reimbursed for actual implementation and planning costs incurred 9. RETENTION AND ACCESSIBILITY OF RECORDS A. Transicare must establish and maintain sufficient Project records to substantiate the Services performed by Transicare during the Term of this Contract. B. Transicare shall, upon reasonable notice by the County, give County and any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Transicare relating to this Contract or its objective. Such rights to access shall continue as long as the records are retained by Transicare or for four (4) years after the termination of this Contract, whichever is longer. Transicare agrees to maintain these records in an accessible location. C. All records pertinent to this Contract shall be retained by Transicare for four (4) years after termination of this Contract. However, if any litigation, claim or audit is started before the expiration of the four (4) year period described in this section, the records will be maintained until all litigation, claims, or audit finds involving the records have been resolved. D. Transicare must provide citizens, public agencies, and other interested parties with reasonable access to records consistent with the Texas Public Information Act, as amended. 10. REPORTING REQUIREMENTS A. Transicare shall submit to the County (or its designee) monthly reports on the status of the Project and its administration. These reports shall be provided in a format acceptable to the County and shall be submitted to the County no later than the fifteenth (15th) day after the end of any month. Transicare shall also immediately inform the County of any issues or problems that could adversely affect the performance and operation of the Project and shall also provide the County with any other information that it may need to monitor the operation and CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7117/2013 Page 4 performance of the Project and the Contract B. In addition to the limitations on liability otherwise specified in this Contract, it is expressly understood and agreed by the parties hereto, that if Transicare fails to submit to the County in a timely and satisfactory manner any report required by this Contract, the County may exercise one or more of the remedies identified in section 20.8. 11. MONITORING The County reserves the right at any time, after providing at least three (3) business day's notice to Transicare, to carry out field inspections to ensure compliance with the requirements of this Contract After monitoring visits, County shall provide Transicare with a written report of the monitor's findings. If the monitoring report notes deficiencies in Transicare's performance under the terms of this Contract, the monitoring report will include requirements for the timely correction of such deficiencies by Transicare. Failure by Transicare to take action specified in the monitoring report may be cause for suspension or termination of this Contract as provided in Sections 20. 12. INSURANCE A. Transicare agrees that at all times during the Term of this Contract it will maintain for itself, including its officers, employees, agents, representatives, volunteers, and independent/sub-contractors, or require its volunteers and subcontractors to maintain, in full force and effect insurance as provided herein. B. Within ten (10) days after the effective date of this Contract, Transicare shall furnish, at its sole cost and expense, the following minimum insurance coverage. Such insurance is a condition precedent to commencement of any services. Transicare shall, in the stated ten (10) day period, furnish to the Dallas County Director of Purchasing (at the address provided below in this Insurance Section) verification of the insurance coverage in the type and amount required herein, meeting all conditions in this Contract, by an insurance company acceptable to County and authorized to do business in the State of Texas. Such insurance shall show the County as the certificate holder (general liability insurance). Coverage dates shall be inclusive of the Contract term and each renewal period, if any. C. Such insurance shall provide, at a minimum, the following coverages: 1. Statutorv Workers' Compensation Insurance that meets the requirements of the Texas Workers' Compensation Act, Title 5, Subtitle A of the Texas Labor Code, or, if self-insured, then Transicare must provide to County evidence of a certificate issued by the Workers' Compensation Commission approving such self-insurance. If Transicare has no employee (as defined by the Texas Workers' Compensation Act), CONTRACT FOR SERVICES BETWEEN COUNTV AND TRANS ICARE - 7117/2013 Page 5 Transicare shall provide County with a sworn Affidavit stating that there is no employee in lieu of a Certificate of Insurance. In the event that any work is sublet Transicare shall require the subcontractors to similarly provide Workers' Compensation Insurance for all of the subcontractors' employees, unless such employees are afforded protection by Transicare. Transicare shall bear the burden of all workers' compensation coverage for all of its subcontractors and subcontractors' employees who do not have workers' compensation coverage. Transicare also represents that the workers' compensation coverage it obtains will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with an appropriate insurance carrier, or in the case of self-insurance, with the Texas Workers' Compensation Commission. Providing false or misleading information may subject Transicare to administrative penalties, criminal penalties, civil penalties or other civil actions. For purposes of this Contract, a "subcontractor" is defined as any individual or entity hired by Transicare to perform one of the tasks specifically enumerated in Exhibit A. Types of Coverage Limits of Liability Workers' Compensation Statutory 2. Professional Liability Insurance or Errors and Omissions Insurance. Transicare shall secure, pay for and maintain in full force and effect during the Term of this Contract and any subsequent extensions hereto and thereafter for an additional two (2) years from the effective date of cancellation, termination or expiration of this Contract or any subsequent extensions hereto, sufficient errors and omissions insurance in a minimum amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per occurrence with certificates of insurance evidencing such coverage to be provided to the County. Such certificates of insurance shall specifically name the County as a loss payee. 3. Commercial General Liability Insurance. including Contractual Liability Insurance. Transicare shall maintain Commercial General Liability Insurance coverage for the following: (a) Premises Operations; (b) Independent contractors or consultants; (c) ProductslCompleted operations; (d) Personal injury; (e) Contractual liability; (f) Broad form property damage, to include fire legal liability. Such insurance shall carry a limit not less than Five Hundred Thousand and 00/100 ($500,000.00) for bodily injury, property damage, and blanket contractual coverage per occurrence with a general aggregate of Five Hundred Thousand and 00/100 ($500,000.00) and products and completed operations aggregate of Five Hundred Thousand and 00/100 ($500,000.00). 4. Commercial Automobile Liability Insurance. Prior to using or causing to be used a motor vehicle other than a vehicle for hire (i.e. cab), Transicare CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7/17/2013 Page 6 shall furnish to the County a certificate showing commercial auto liability insurance covering all owned, hired and non-owned vehicles (excluding cabs) used in connection with the work performed under this Contract, with the minimum combined single limits of bodily injury and property damage not less than $100,000/$300,000/$100,000 or combined single limit of $400,000 each occurrence with respect to Transicare's owned, hired, and non-owned vehicles assigned to or used in performance of this Contract. D. Transicare agrees that, with respect to the above referenced insurance, all insurance contracts/policies will contain the following required provisions: 1. Name County as an additional insured (as the interest of each insured may appear) as to all applicable coverage. 2. This insurance shall not be canceled, limited in scope or coverage or non renewed until after thirty (30) calendar days prior written notice or ten (10) calendar days for non-payment of premium has been given by Transicare to the County. 3. Provide for an endorsement that the "other insurance" clause shall not apply to the County where the County is an additional insured on the policy. 4. Provide for notice to the County to the person and at the address shown below by certified mail, return receipt requested, full postage paid, sent to: Dallas County Director of Purchasing Records Building, 6th Floor 509 Main Street, Room 623 Dallas, Texas 75202-5799 5. Transicare agrees to waive subrogation, and each applicable policy of insurance shall state a waiver of subrogation, against County, its elected officials, officers, employees, agents and representatives for injuries, including death, property damage and/or any other loss. E. Transicare shall be solely responsible for all cost of any insurance as required here, any and all deductible amount, which in no event shall exceed ten percent (10%) of the amount insured. F. It is the intent of these requirements and provisions that insurance covers all cost and expense so that the County will not sustain any expense, cost, liability or financial risk (other than as set forth in this Contract) as a result of Transicare's performance of Services under this Contract G. Insurance Certificates. The certificates of insurance shall list Dallas County as the certificate holder. All insurance policies or duly executed certificates for the same required to be carried by Transicare under this Contract, together with satisfactory CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE ~ 7/17/2013 Page 7 evidence of the payment of the premium thereof, shall be delivered to the Dallas County Director of Purchasing located at the Dallas County Records Building, 509 Main Street, 6th Floor, Suite 623, Dallas, Texas 75202 within ten (10) days of the effective date, and/or renewal of this Contract and upon renewals and/or material changes of such policies, but not less than fifteen (15) days prior to the expiration of the term of such coverage, Non-delivery shall constitute a default of this Contract subject to immediate termination at County's sole discretion, H, All insurance coverage shall be on a per occurrence basis, or a per claim basis if Transicare provides for two (2) year tail coverage, unless specifically approved in writing and executed by the County's Purchasing Agent and Risk Manager. I. All insurance required to be carried by Transicare and/or subcontractors under this Contract shall be acceptable to the County in form and content, in its sole discretion, All policies shall be issued by an insurance company acceptable and satisfactory to the County and authorized to do business in the State of Texas, Acceptance of or the verification of insurance shall not relieve or decrease the liability of Transicare, J, Approval, disapproval, or failure to act by the County regarding any insurance supplied by Transicare shall not relieve Transicare of full responsibility or liability for damages and accidents as set forth herein, Neither shall denial of liability by any insurance company, or the bankruptcy or insolvency of an insurance company, exonerate Transicare from liability, K. Acceptance of the services or failure to act by the County shall not constitute nor be deemed a release of the responsibility and liability of Transicare, its employees, associates, agents or subcontractors for the accuracy and competency of their services; nor shall such acceptance be deemed an assumption of responsibility or liability by County for any defect in the services performed by Transicare, its employees, subcontractors, and agents, L, Nothing herein contained shall be construed as limiting in any way the extent to which Transicare may be held responsible for payments of damages to persons or property resulting from Transicare or its subcontractor's performance of the work covered under this Contract. M, The provisions of this Section shall survive termination or expiration of this Contract or any determination that this Contract or any portion hereof is void, voidable, invalid, or unenforceable, N, Minimum insurance is a condition precedent to any work performed under this Contract and for the entire term of this Contract, including any renewals or extensions, 13. INDEMNIFICATION A Transicare hereby forever waives and releases the County, the County CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -711712013 Page 8 Commissioners, County Judge and their respective officers, agents, employees, and representatives (referred to collectively as "County") from any and all claims for damages, known or unknown, which may arise as a result, directly or indirectly, of Transicare's involvement in the underlying Contract, including, but not limited to the following: any premises or special defects known or unknown to the County; any injury to a person and/or staff; and any injury to other individuals present during Transicare's involvement under the terms and conditions of the Contract, including willful acts. AND FURTHER, B. Transicare, to the fullest extent allowed by law, agrees to indemnify and hold harmless the County against all claims, demands, actions, suits, or on behalf third parties, and all resulting losses, damages, liabilities, costs and/or expenses of every kind and nature (including, but not limited to court costs, litigation expenses and attorneys' fees) incurred by or sought to be imposed on the County (collectively "Claims") because of injury (including death) by any manner or method whatsoever, or damage to property (whether real, personal or inchoate), to the extent arising out of or in any way related to Transicare's acts and omissions in connection with the Contract. This indemnification shall apply, whether or not any such injury or damage has been brought on any theory of liability, including intentional wrongdoing, strict product liability or breach of non delegable duty. Transicare further agrees to defend (at the election of the County) at its sole cost and expense against any claim, demand, action or suit for which indemnification is provided under this paragraph. C. Approval and acceptance of Transicare work by the County shall not constitute nor be deemed a release of responsibility and liability of Transicare, its employees, subcontractors, agents and for the accuracy and competency of their work; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the County for any defect, error or omission in the work performed by Transicare, its employees, subcontractors, agents. In this regard, Transicare shall defend, hold harmless and indemnify the County for any Claims to the extent directly resulting from and attributable to material defects, errors or omissions in the services performed by Transicare, its employees, agents, or subcontractors and shall secure, pay for and maintain in force during the term of this Contract all insurance required by Section 12. D. THE PARTIES ACKNOWLEDGE AND AGREE THAT COUNTY DOES NOT HAVE THE ABILITY UNDER ARTICLE XI, SECTION 7 AND ARTICLE III, SECTION 49 OF THE TEXAS CONSTITUTION TO INDEMNIFY A PARTY OR ANY OTHER THIRD PARTY FOR DAMAGES ARISING UNDER THIS CONTRACT. THIS PROVISION SHALL SURVIVE COMPLETION, SUSPENSION, TERMINATION, EXPIRATION AND/OR CANCELLATION OF THIS AGREEMENT OR ANY DETERMINATION THAT THIS AGREEMENT OR ANY PORTION HEREOF IS VOID, VOIDABLE, INVALID OR UNENFORCEABLE. CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7117/2013 Page 9 14. MIWBE COMPLIANCE Transicare shall comply with the County's MinoritylWomen-Owned Business Enterprise ("MIWBE") policies and document a good faith effort to secure MIWBE businesses as subcontractors and subconsultants as further detailed in Exhibit C, 15. CONFLICT OF INTEREST A Transicare warrants and covenants that neither the County nor its official(s) or employee(s) has or shall have any financial interest, directly or indirectly, in this Contract with the County or is financially interested, directly or indirectly in the sale to the County of any of the goods or services contemplated herein, except on behalf of County as an official or employee. Any violation of this section, with knowledge, expressed or implied, of the person or corporation contracting with the County shall render this Contract voidable by the County Commissioners. It is the responsibility of Transicare during all phases of the contract process to notify the County in writing of any potential conflict of interest. B. Transicare warrants that no officer, employee, agent, or consultant of Transicare who exercises or exercised any functions or responsibilities with respect to this Contract will obtain any personal or financial interest or benefit from the work performed under this Contract and no employee, officer, or agent of Transicare shall solicit or accept gratuities, favors or anything of monetary value from the County. C. Transicare shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 16. NONDISCRIMINATION Transicare shall ensure that no person shall on the grounds of race, color, religion, sex, handicap, familial status, or national origin be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part with funds provided under this Contract. 17. LEGAL AUTHORITY A This Contract is entered into by the Parties pursuant to Texas Local Government Code § 262.024(a)(2) and Texas Local Government Code § 81.027. B. Transicare assures and guarantees that it possesses the legal authority to enter into the Contract, receive funds authorized by this Contract, and to perform the CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7/17/2013 Page 10 services Transicare has obligated itself to perform hereunder. C. The person or persons signing and executing this Contract on behalf of Transicare, or representing themselves as signing and executing this Contract on behalf of Transicare do hereby warrant and guarantee that he, she or they have been duly authorized by Transicare to (1) execute this Contract on behalf of Transicare; and (2) to validly and legally bind Transicare to all terms, performances, and provisions herein set forth. 18. LITIGATION AND CLAIMS Transicare shall give the County immediate written notice of: (1) any action, including any proceeding before an administrative agency, filed against Transicare in connection with this Contract and (2) any claim against Transicare which may reasonably be expected to impact Transicare's ability to perform its obligations under the terms of this Contract. Except as otherwise directed by the County, Transicare shall furnish immediately to the County copies of all pertinent papers received by Transicare with respect to such action or claim within a reasonable time 19. CHANGES AND AMENDMENTS REQUIRED BY LAW A. Except as specifically provided otherwise in this Contract, any alterations, additions, or deletions to the terms of this Contract shall be by amendment hereto in writing and executed by the parties to this Contract. B. Any alterations, additions, or deletions to the terms of this Contract which are required by changes in federal or state law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. Any such changes in law shall be forwarded to the County as soon as Transicare receives notice of same or vice versa. 20. REMEDIES A. Insurance Lapse. Pursuant to Section 94.73 of the Dallas County Code, if Transicare fails to continuously maintain the insurance required under the Contract during the periods stated in the Contract, or otherwise has a lapse in any of the required insurance coverage, including workers' compensation coverage, Transicare shall immediately cure such lapse at Transicare's sole cost and expense, and pay the County in full for all costs and expenses actually incurred by the County under the Contract as a result of Transicare's failure to maintain insurance, including, but not limited to, any and all costs and reasonable attorney's fees relating to the County's efforts to cure such lapse in insurance coverage. Such costs and attorney's fees, which shall not exceed One Thousand Five Hundred Dollars and No Cents ($1,500.00), shall be automatically deducted from monies owed to Transicare by the County under the Contract. If the monies owed to Transicare under the Contract are less than the CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7/17/2013 Page 11 amount required to cure the lapse in coverage, Transicare shall pay such monies to the County upon written demand. Moreover, upon any lapse of the required insurance by Transicare, the County may retain five percent (5%) of the budgeted reimbursements for the Term ("5% retainage") to cover the County's potential exposure to liability during the period of such insurance lapse. The five percent (5%) retainage shall be deducted from any monies due to Transicare by the County under the Contract and held by the County for a period of six (6) months from the date that the lapse is cured ("retainage period"). If no claim is received by or lawsuits filed against the County during the retainage period for any applicable matters, accidents or injuries that occurred during the lapse of insurance, and Transicare has provided assurance and proof acceptable to the County that Transicare has no knowledge of any outstanding claims against Tansicare or the County arising from acts or omissions that occurred during the period of any lapse in insurance coverage, the retainage shall be promptly returned to Transicare upon written request. Notwithstanding the foregoing, in the event a clairn is received by or lawsuit is filed against the County for applicable matters, accidents, or injuries that occurred during Transicare's insurance lapse, the County shall use the retainage to defend, pay costs of defense, or settle any and all such claims, lawsuits, or judgments, with any and all amounts in excess of the retainage to be paid by Transicare upon written demand by the County. Breach of - In the event of a a provision in this Contract by Transicare, including not limited to a in insurance coverage, County shall have the right to: 1. Suspend this Contract, in whole or in part, withhold further payments to Transicare, and prohibit Transicare from incurring additional obligations of funds under this Contract; 2. To declare a material breach of this Contract, which, at County's discretion may result in: (i) Termination of this Contract; or (ii) The right of the County to complete this Contract by contracting with another party. 3. Disallow all or part of the cost of the activity or action not in compliance with this Contract; 4. Withhold future contract awards from Transicare; 5. Require Transicare to repay previously authorized payments, or withhold funds from future authorized payments, as necessary to recoup money paid for (a) for activities or actions that were not in compliance with this Contract; (b) Services that were not actually provided; or (c) Services for CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -71I 7/2013 Page 12 which there is insufficient documentation to prove thai the Services were actually provided; 6. Take other remedies that may be legally available as determined by County; or 7. To utilize any combination of the above. Notice - The r",no",rl afforded by this Section including but not the County's to withhold the 5% retainage pursuant to section 20.A. may exercised only the provides Transicare with notice of any breach pursuant to Section and following opportunity to cure the breach: 1. In the case of a lapse in will (5) business days to cure from the notice the is received; and 2. the case of any other material of this Contract, Transicare will afforded thirty (30) days to cure the breach from the date notice of the bre,ac:h is received. 21. TERMINATION Either party may terminate this Contract without cause by giving to the other party sixty (60) days prior written notice of termination 22. AUDIT The County Auditor, its assigns, or any other authorized County personnel shall have the unrestricted right to audit all data or documents related to this Contract after providing Transicare with reasonable notice of its intent to audit Transicare's performance. Such data shall be furnished in County at a mutually convenient time within a reasonable time. Should County determine it reasonably necessary, Transicare shall make all of its records, books and documents reasonably related to this Contract available without delay to authorized County personnel to fulfill inspection or auditing deadlines and purposes or to substantiate certain provisions under this Contract. 23. SOVERIGN IMMUNITY This Contract is expressly made subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable State of Texas and federal laws. This Contract and all matters pertinent hereto shall be construed and enforced in accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas County, Texas. CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7/I7/20IJ Page 13 24. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Transicare shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of Transicare under this Agreement. Upon request by the County, Transicare shall furnish satisfactory proof of its compliance herewith. 25. ASSIGNMENT Transicare assures that it will not transfer or assign its interest in this Contract without the prior written consent of the County. Transicare understands that in the event that all or substantially all of Transicare's assets are acquired by another entity, Transicare is still obligated to fulfill the terms and conditions of this Contract. In the event of the assignment or sale of all or substantially all of Transicare's assets the County, at its option, may terminate this Contract in accordance vvith Section 21 above. 26. FULL FORCE AND EFFECT A. If a section of this Contract is held illegal or unenforceable by law, the remaining sections of this Contract shall remain in full force and effect. B. This Contract, including all exhibits and addendums, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction whether oral or written. No modification, amendment, novation, renewal or other alteration of this Contract shall be effective unless mutually agreed upon in writing and executed by the parties hereto. 27. NOTICE Notice under this Contract shall only be accepted if sent by United States mail, return receipt requested, hand delivery, or overnight delivery by United States Parcel Service and only to the following addresses. Notice delivered by certified return receipt requested shall deemed received recipient three (3) days it is mailed. TO COUNTY: Ron Stretcher Dallas County Director of Criminal Justice Frank Crowley Courts Building 133 N. Riverfront Blvd. LB 49 Dallas, Texas 75027 With copy to: Clay Jenkins CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7/17/2013 Page 14 Dallas County Judge 411 Elm St 2nd Floor Dallas, TX 75202 TO TRANSICARE: Scott Black, CEO Transicare Inc. 9304 Forest Lane, Suite 161 Dallas Texas 75243 214-342-5800 214-342-5801 (facsimile) 28. BINDING EFFECT This Contract and the respective rights and obligations of the parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves. 29. DEFAUL TIWAIVER It is not a waiver or default if the non-defaulting party fails to immediately declare a default or delays in taking any action. Pursuit of any remedies set forth in this Contract does not preclude pursuit of any additional remedies in this Contract or those provided by law. 30. FEDERALLY FUNDED PROJECT If Contract is funded in part by either the State of Texas or federal govemment, Transicare agrees to timely comply without additional cost or expense to County, unless otherwise specified herein, to any statute, rule, regulation, grant, contract provision or other State or federal law, rule, regulation, or other similar restriction that imposes additional or greater requirements on Transicare than stated herein and that is directly applicable to the services rendered under the terms of this Contract. 31. PREVENTION OF FRAUD AND ABUSE Transicare shall establish, maintain and utilize internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Contract. Any known or suspected incident of fraud or Program abuse involving Transicare's employees or agents shall be reported immediately by the County to the Office of the Inspector General for appropriate action. Moreover, Transicare warrants to be not listed on a local, county, State or federal consolidated list of debarred, suspended and ineligible contractors and grantees, Transicare and County agree that every person CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7117/2013 Page 15 who, as part of their employment, receives, disburses, handles or has access to funds collected pursuant to this Contract does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse of said funds. Transicare shall, upon notice by County, refund expenditures of Transicare that are contrary to this Contract and deemed inappropriate by the County. 32. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Contract and any extensions thereto. Transicare shall have no right of action against County in the event County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Contract by written notice to Transicare at the earliest possible time prior to the end of its fiscal year. If this section, 33. SUBCONTRACTING Transicare may not enter into agreements with subcontractors for delivery of the designated services outlined in this Contract without prior written consent of the County, which consent shall not be unreasonably withheld. The costs of all subcontracted services are included in the fees paid herein. Subcontracts, if any, entered into by Transicare will be in writing and subject to all requirements herein. Transicare agrees that it will solely be responsible to County for the performance of this Contract Transicare shall pay all subcontractors in a timely manner. County shall have the right to prohibit Transicare from using any subcontractor. 34. RELATIONSHIP OF PARTIES Transicare is an independent contractor and not an agent, servant, joint enterprise or employee of the County. Transicare represents that it has, or will secure at its own expense, all personnel and conSUltants required in performing the Services herein. Such personnel and consultants shall not be employees of or have any contractual relationship with the County. 35. DISPUTE RESOLUTION CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7!17/20IJ Page 16 It is the intent of the parties to work amicably and in good faith to resolve any disputes, claims or controversies that may arise between them under or in connection with this Contract (collectively, "Disputes") in an expeditious and cost-effective manner. Each party will promptly notify the other party of any such Disputes, including without limitation any issues, concerns or problems in connection with the other party's performance hereunder, and the parties will work together to resolve such matters as they arise, in each case prior to any suspension or early termination of the Contract or the pursuit of more formal legal recourse, as follows: A. Upon becoming aware of any Dispute, including any issues, concerns or problems in connection with the other party's performance under this Contract, each party will notify the other party promptly and in writing of the nature thereof, providing as much detail as possible and reasonable under the circumstances (the "Dispute Notice"). C. Upon the issuance of a Dispute Notice, the respective managers of the parties who are responsible for the day-to-day management of the relationship under this Contract (the "Contract Managers") will meet in person or by teleconference to reach a common understanding of the nature of the Dispute and, if possible, an informal resolution thereof. D. If the Contract Managers are unable to informally resolve the Dispute within five (5) days after the date of issuance of the Dispute Notice, or such longer period as the Contract Managers may mutually agree upon, each Contract Manager shall forward the Dispute Notice and escalate the subject matter thereof to Dallas County Director of Criminal Justice and Scott Black, CEO of Transicare (the "Supervisor"). There shall also be a written: (1) description of the issue which needs resolution, (2) documentation of efforts to date by both parties to resolve the Dispute, (3) statement of Project impact, and (4) recommended Dispute resolution from both parties. E. The Supervisors will meet in person or by teleconference to reach a common understanding of the nature of the Dispute and, if possible, a formal resolution thereof, within ten (10) days after the date of escalation of the Dispute and forwarding of the Dispute Notice. F. If the Supervisors cannot resolve the Dispute within the foregoing time period or any mutually agreed upon extension thereof, either party may declare that the dispute resolution process under this section has failed and, upon providing written notice of termination of the dispute resolution process to the other party, may pursue its other legal rights and remedies as it deems necessary, including suspension or termination of the Contract as provided under Section 20. This Section is not intended to and shall not be construed as waiving such legal and equitable rights and remedies, all of which are expressly reserved. CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE -7!l7!2013 Page 17 G. Subject to the foregoing, pending the resolution of any Dispute under this Section or formal termination of the dispute resolution process, both parties shall continue performance under this Contract without interruption, including Transicare's provision of services and the County's payment of all amounts due and owing to Transicare hereunder. [Signatures on the following page] CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE ~ 7/1712013 Page 18 EXECUTED THIS 3rd DAY OF September 2013. Title: CEO, Transicare, Inc. RECOMMENDED: 4,JI~L By: Ron Stretcher Director of Criminal Justice APPROVED AS TO FORM*: CRAIG WATKINS DISTRICT ATTORNEY R ndall Miller Assistant District Attorney *BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVECONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF OUR CLIENT. OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OTHER PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S). CONTRACT FOR SERVICES BETWEEN COUNTY AND TRANSICARE ... 7117/2013 Page 19 Exhibit A-Transicare's Statement of Work Transicare, Inc. Post Acute Treatment Services 1.01 This Statement of Work (SOW) defines the contracted services and deliverables Transicare Inc.("Transicare"), a Texas corporation with its principal place of business located at 9304 Forest Lane, Suite 161 North, Dallas, Texas, 75243 and legally authorized to conduct business in the State of Texas, for Post Acute Treatment Services (PATS) offered as a component of the 1115 waiver Development of Behavioral Health Crisis Stabilization Services as Alternatives to Hospitalization project, known as the "Crisis Services Project" ("CSP"). Transicare shall provide: 1. Intensive community based services that are designed to promote effective sustainable linkage of clients to care and resources in the community and that will reduce the risk of recidivism to criminal justice and acute care settings. 2. Ongoing support to the CSP efforts to create sustainable delivery system refonn in the form of participation in systems analyses and planning meetings, collaborative learning and continuous quality improvement efforts, data capture and outcomes reporting. 2.01 As a provider in the initial service offering associated with the CSP the Transicare will provide services detined to respond to identified gaps in service that center on identitication of behavioral health clients who are identified as "falling through the cracks" upon re-entry from jail and acute stabilization settings. Analyses conducted by TriWest Zia, RHP9 Community Needs Assessment, Physicians Consulting Group and others point to the need for community based wraparound services as a means to address those clients who have indicators of poor linkage to care following acute stabilization, and who consequently translate into increased use of the most expensive levels of care. TriWest Zia's review indicated a 9.3% increase of NorthSTAR clients served in acute care settings between December 2009 and May 2010 who had no Level of Care Assignment (LOCA) or were not connected to a Specialty Network Provider. This strongly supports a correlation between high utilizers of costly higher levels of care and poor linkage to outpatient care. 2.02 Transicare began providing a range of behavioral health services in 2004 for the NorthSTAR waiver program managed by Value Options of Texas that includes the following: Year Service Number Served Annually 2004 Transportation 10,500 2006 Liaison for Parkland Psych ED 6,000 2006 Single Portal Authority 8,000 2009 Jail based assessment 1000 2012 Post Acute Treatment Services 100 (*estimate) 2.03 Transicare began providing PATS as a pilot for Value Options of Texas in August, 2012, targeting NorthSTAR Medicaid and Indigent clients who evidence high recidivism to acute care settings. The assessed need concluded that continuity of care was particularly deficient for this segment of clients for reasons that included poor transitional support following acutc stabilization, housing (recovery environment) instability, system navigation, linkage challenges, and an absence of response to the motivational enhancement needs of the respective clients. In an effort to strengthen linkage to community behavioral health care and ultimately reduce the cyclical reliance on costly higher levels of care, a model was developed based on the evidence based model of Critical Time Intervention (CTI) that provides specialized intervention to homeless individuals with severe mental illness in transition from institutional settings. Initial analysis from this pilot comparing higher level of care costs have demonstrated that of the 48 clients that have discharged from care, pre-intervention costs to the system were conservatively $540K for the immediate 3 months before the start of services. This cost dropped to $ll7K during the episode of care for this group. Looking at the sustainability of the gains for the 3 months following discharge from care costs escalated somewhat to approximately $170k. However, the net effect was a 69% reduction of cost from the pre program admission consumption pattern. 3.01 Interventions provided by the Transicare will translate into clients served evidencing better health care in the form of better linkage to the right care in the right setting; better health in the form of improvement in objective measures of recovery; and will lower overall cost by reducing the number of clients cycling through costly criminal justice and acute stabilization settings. 3.02 The Transicare will provide services that align with the overall CSP project goals targeting reduction to mental health admissions and readmissions to criminal justice settings and appropriate utilization of emergency department settings. 3.03 The services provided by the Transicare will have a demonstrable impact on current patterns of recidivism to the criminal justice and acute stabilization settings. 4.01 Transicmc will maintain sufficient capacity to provide services according to the following schedule: Period Active Monthly Caseload Unduplicated Sel'Ved Annually DY28/1/13-9/30/l3 30 30 DY3 10/1/13-9/30/14 40 144 DY41O/I/14-9/30/l5 50 180 DY5 10/1/15-9/30/16 60 216 4.02 Transicare will maintain capacity to deliver services according to the following: Hours of Operation Service Description 0800-2000 Mon-Fri Complete service array 2000-0800 Mon-Fri, Weekends Telephonic & crisis support for active case load 4.03 Transicare will be required to capture and report the following readily available data elements monthly: 1. Number assessed 2. Number admitted 3. Number linked to outpatient provider 4. Number linked to prescriber 5. Number disengaged 6. Number successfully transitioned to outpatient 7. Objective measure of progress as determined by the CSP 5.0 Scope 5.01 Transicare will maintain capacity in the form of treatment teams composed of Licensed Practioner of Healing Arts (LPHA), Qualified Mental Health Professional (QMHP), Peer Recovery Support Specialist (PRSS), and a Registered Nurse (RN) 5.02 Transicare staffing composition and ratios will initially entail 1 LPHA with up to 3 QMHPs & 3 PEERs to serve a caseload of 40 clients in a given month. 5.03 Transicare will provide 1 RN at all times to provide consultation and oversight for issues concerning medication or physical health. 5.04 Transicare core services will provide specialized interventions based on the evidence based treatment of Critical Time Intervention (CTI) that provides specialized intervention for clients particularly vulnerable to disengagement in the period following stabilization or transitions from institutions to the community. Additional core evidenced based competencies incorporated include Prochaska & DiClemente's (1983) Transtheoretical Model of Change and Motivational Interviewing and include the following: 1. Community based assessment of cases identified in need of PATS 2. Psychosocial rehabilitative services 3. Client engagement 4. Community based case management 5. Transportation 6. Continuity of care services 7. Crisis support and intervention 5.05 Transicare service provision is time limited with treatment episode durations derived from assessed needs for support and structure required to establish sustainable linkage to community based care. Intervention composition & duration will be subject to modification based on the CSP outcome reporting. Initial estimates include the following: Group Duratiou Estimated Percentage ShOli Term 1-3 Months 70% Medium Term 3-6 Months 20% Long Term 6-12 Months 10% 5.06 Transicare will provide 1 Project Manager who will be responsible for the following: 1. Attendance to monthly CSP governance meetings 2. Attendance to semi-annual learning collaborative meetings 3. Participation in ad-hoc Continuous Quality Improvement (CQI) meetings 4. Compiling required data & reporting 5. Participation in system mapping and gap analysis 6. Responding to requests from CSP Project Analyst 5.07 Transicare will provide 1 Project Coordinator who will be responsible for the following: 1. Insuring program integrity and capacity is maintained to meet identified CSP project goals 2. Implementation of, and fidelity to CSP planning and objectives 3. Insuring identified data elements are captured and processed on a routine basis 6.01 Transicare shall provide services to client's referred by Dallas County or its designees according to the following criteria: 1. client meets target population criteria as established by the CSP governance 2. Transicare has available capacity according to Deliverable capacity expectations outlined above Deliverables 4.1 of this SOW 3. Transicare has the right to decline provision of services to clients who do not meet target population criteria established by the CSP including: a) Absence of a Diagnostic & Statistical Manual IV -TR (DSM IV -TR) Axis 1 diagnosis. b) Assessed risk correlated with Title 5 offenses c) clients actively recelVlllg substantially similar serVIces such as Assertive Community Treatment (ACT) , 6.02 Transicare shall ensure that services are initiated in a timely manner and in coordination with any treatment or discharge plan developed by Dallas County or its designees. 6.03 Transicare shall keep records of services provided to all clients. 6.04 Transicare shall provide monthly activity reports to Dallas County in a format and schedule designated by Dallas County. Transicare shall provide any other data for services provided under this contract to Dallas COlmty in a format and schedule designated by Dallas County. 6.05 Transicare shall participate in all quality improvement activities related to the Crisis Services Project. Such participation will include, but is not limited to, attendance in meetings, participation in training activities, review of applicable literature, and provision of data. 6.06 Transicare shall provide proof of criminal background checks to Dallas County: 1. For existing staff and volunteers prior to the execution of the Contract and with checks made every two years thereafter; and 2. When any subsequent hires are made during the tenn of this Contract with checks made prior to hire and every two years thereafter. 6.07 Transicare agrees to make available any Transicare staff requested or subpoenaed to appear before a Dallas County Court on a case involving any client receiving Services under this Contract. Transicare further agrees that any and all expenses incurred by Transicare to make staff available to appear in court will not be reimbursed above the approved budget for services. 6.08 Transicare agrees to make a good faith cffort to retain in service any client whose behavior, though problematic, does not exceed behavior typical of that which led to their referral to Transicare. Transicare good faith effort is determined on a case by case basis with consideration of the following conditions: I. Inability to locate clients in the community after 3 attempts 2. Client sustained demonstration of near absence of any behavioral indicator of engagement in care for a period of 1 month or greater. 6.09 Transicare agrees that all staff will have the appropriate licensure andlor credentials required to provide services. 6.10 Transicare agrees that clients or their families shall not be assessed fees for services by Transicare. This does not preclude reasonable attempts to seek voluntary contributions from families of clients for provision of clothing, personal articles, housing and other funds to assist in supporting a client's rehabilitation. 6.11 Transicare agrees to consolidate associated Operating & Ownership Transportation costs into a rate of $0.71 per mile driven in the performance of this contract. The rate of $.071 includes the following costs: 1. Operating costs of fuel, maintenance, tires & fleet management; and 2. Ownership costs of depreciation, insurance, licensing, registration, non routine repairs and loan financing. 7.01 Assessment. A systematic process for measuring an individual's service needs. 7.02 Psychosocial Rehabilitation Services. Services are social, educational, vocational, behavioral, and cognitive interventions provided by members of an individual's therapeutic team that address deficits in the individual's ability to develop and maintain social relationships, occupational or educational achievement, and independent living skills that are the result of a severe and persistent mental illness in adults. Psychosocial rehabilitative services may also address the impact of co-occurring disorders upon the individual's ability to reduce symptomology and increase daily functioning. Psychosocial rehabilitative services consist of the following component services (provided in accordance with 25 TAC, Chapter 419, Subchapter L, MH Rehabilitative Service): 1. independent living services; 2. coordination services; 3. employment related services; 4. housing related services; 5. medication related services; and 6. crisis related services. 7.03 Engagement. Face-to-face or telephonic activities to develop treatment alliance and rapport and includes activities such as motivational interviewing, providing an explanation of services recommended, education on service value, education on adherence to the recommended care and its importance in recovery, and short term planned activities designed to develop a therapeutic alliance and strengthen rapport. 7.04 Case management. Activities to assist a client gain and coordinate access to necessary care and services appropriate to their needs conducted through face-to-face and telephonic exchanges including but not limited to: 1. Identifying the client's immediate needs and in determining access to community resources that may address those needs; 2. Identify the strengths, service needs, and assistance required to address the identified needs; 3. Identify the goals and actions required to meet the client's identified needs; 4. Specifying the goals and actions to be accomplished; 5. Development of time lines for obtaining the needed services; 6. Initiating the steps that are necessary to accomplish the goals required to meet the client's identified needs by using referral, linking, advocacy, and monitoring; 7. If notified that the client is in crisis, coordinate with the appropriate providers of emergency services to respond to the crisis, 7.05 Continuity of care services. Services that ensure uninterrupted services are provided to an individual during a transition between service types (e.g., inpatient services, outpatient services) or providers, in accordance with applicable rules (e.g., Chapter 412, Subchapter D of this title (relating to Mental Health Services - Admission, Continuity, and Discharge)). These activities include: I. assisting with admissions and discharges; 2. facilitating access to appropriate services and supports in the community, including identifying and connecting the individual with community resources; 3. participating in the individual's treatment plan development and reviews; 4. promoting implementation of the individual's treatment plan or continuing care plan; and 5. facilitating coordination and follow-up between the individual and the individual's family, as well as with available community resources. 7.06 Transportation. Transportation involves transport services that are initiated when no reasonable alternative exists; that are identified as critical to achieving client stabilization in the community; and that are determined to be necessary due to lack of client capacity to meet the need independently. 7.07 Crisis support and intervention. Crisis related services respond to an individual in crisis in order to reduce symptoms of severe and persistent mental illness or serious emotional disturbance and to prevent admission of the individual to a more restrictive environment 7.08 LPHA. Licensed Practitioner of the Healing Arts and is credentialed as: 1. a physician; I. a licensed professional counselor; 2. a licensed clinical social worker; 3. a licensed psychologist; 4. an advanced practice nurse; or 5. a licensed marriage and family therapist. 7.09 Peer provider. A staff member who: 1. Has received: a) a high school diploma b) a high school equivalency certificate issued in accordance with the law of the issning state; 2. has at least one cumulative year of receiving mental health community services; and 3. is under the direct clinical supervision of an LPHA. 7.10 QMHP-CS. Qualified Mental Health Professional-Community Services who is credentialed as a QMHP-CS and who has demonstrated and documented competency in the work to be performed and: 1. Has a bachelor's degree from an accredited college or university with a minimum number of hours that is equivalent to a major in psychology, social work, medicine, nursing, rehabilitation, counseling, sociology, human growth and development, physician assistant, gerontology, special education, educational psychology, early childhood education, or early childhood intervention; 2. is a registered nurse; or 3. completes an alternative credentialing process identified by the Department of State Health Services 7.11 RN. Registered Nurse. A staff member who is licensed as a registered nurse by the Texas Board of Nursing in accordance with Texas Occupations Code, Chapter 301. Exhibit B-Payment Schedule and Not to Exceed Amount Transicare, Inc. Post Acute Treatment Services Crisis Services Project Budget I. Direct Costs line Item Description Implementation DY2 &DY3 9[2[13-9[30[14 Salaries & Fringe Salary & Fringe Peer $ 9,456 $ 154,689 Salary & Fringe QMHP $ 15,143 $ 257,815 Salary & Fringe LPHA $ 93,100 Salary & Fringe RN $ 12,891 Salary & Fringe Project Coordinator $ 32,227.00 Salary & Fringe Project Manager $ 13,812 $ 64,454.00 Total Salaries & Fringe $ 38,411 $ 615,176 Total HE's $ 6 9.10 Transportation (mileage @ .71) $ 185,858 Client Discretionary $ 2,400 II. Indirect Costs Professional Services Accounting, Legal, Info Tech $ 5,854.00 $ 22,160.00 Transportation Toll & Parking $ 350.00 $ 3,750.00 Office Expense Supplies, Equip Leases, Furniture $ 16,400.00 $ 2,000.00 Communications Cell, Internet, Bonded Tl, Phone system $ 950.00 $ 16,500.00 Insurance PG&L, Workers Comp, Tail $ 2,284.00 $ 9,700.00 Computer Equipment & Software Servers, Workstations, Software, Networking $ 32,786.28 $ 25,517.68 Staffing Expense Recruitment, Training, Occupational Health $ 3,100.00 $ 9,440.50 Rent & Occupancy Lease, CAM, Occupancy costs $ 4,162.00 $ 23,850.00 Total Direct $ 38,416 $ 803,434 Totallndirect $ 65,886 $ 112,918 Total Direct & Indirect $ 104,302 $ 916,352 Management Fee $ 137,453 Annual Total $ 104,302 $ 1,053,805 Implementation Cost Detail I. Direct Costs line Item Description Implementation Salaries & Fringe Salary & Fringe Peer $ 9,456 Salary & Fringe QMHP $ 15,143 Salary & Fringe Project Manager $ 13,812 $ 38,411 II. Indirect Costs Professional Services Acounting & Payroll $ 600.00 Legal $ Hardware Monitoring $ 433.00 Hardware Support Services $ 4,556.00 Phone System Support $ 205.00 Shredding serivce $ 50.00 Tracers Background Check $ 10.00 $ 5,854.00 Transportation Fleet Management $ 250.00 Parking & Toll $ 100.00 $ 350.00 Office Expense Biz Equip Lease $ 200.00 General Supplies $ 1,000.00 Furniture $ 15,200.00 $ 16,400.00 Communications Cell Phone $ Cbeyond (Bonded Tl,Email) $ 950.00 Phone System Maintenance $ $ 950.00 Insurance PGL $ 1,426.00 Tail $ TxMutual $ 858.00 Claims & Other $ $ 2,284.00 Computer Equipment & Software Servers $ 10,697.00 Workstations $ 7,200.00 Monitors $ 1,125.00 Software $ 6,000.00 Phone system $ 6,250.00 Networking equipment $ 1,453.00 AT&T Data Plan $ 61.28 $ 32,786.28 Staffing Expense Training Required Annually $ Training Required Bi-Annually $ Tracers (MVR~11.5 & Crim~ $7.5) $ MI Training T3 $ 2,800.00 Recruitment $ 300.00 Occupational Health $ $ 3,100.00 Rent & Occupancy Lease $ 3,802.00 CAM $ Other Occupancy $ 360.00 $ 4,162.00 Total HE's $ 6 Total Direct $ 38,416 Tota"ndirect $ 65,886 Total Direct & Indirect $ 104,302 Management Fee $ Implementation Total $ 104,302 EXHIBIT C Minoritv/Women-Owned Business Enterprise Compliance Transicare, Inc. Crisis Services Project 1. GOOD FAITH EFFORT Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure minority/women-owned businesses as subcontractors/subconsultants, In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. However, if the successful bidder/proposer does not document a "Good Faith Effort" in securing minority/women-owned businesses, a representative of the company must appear before the Dallas County Commissioners Court and explain the situation and answer any questions raised by the Court. Fulfillment of the "good faith efforr' can be accomplished by: 1. Attendance of pre-bid/pre-proposal conference, as scheduled by the County. 2. Efforts to follow-up initial solicitation of interest by contacting minority/women-owned firms to determine with certainty whether these firms are interested. 3. Efforts made to select portions of the work proposed to be performed by minority/women-owned firms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). 4. Documenting each minority/woman-owned firm contacted, the conclusion or decision regarding inclusion and reasons for the conclusions. 5. Efforts to assist the minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal agencies, small businesses, minority/women business assistance offices and other organizations that provide assistance and placement of minority/woman-owned businesses. Printed Name: Title: Date: _"1--,+{-='3>-,-1 +\ "-[3<--____ 2. MBEIWBE PARTICIPATION REC:~ S(1.,."v~ !fhjf'J__ PROJECT NUMBER PROJECT TITLE TolalAmountofYourBid/Proposal$ I IS~ .ID'1·00 ,' __ '_ (The amounl above should equal the loial a~ounl a~ shown on the bid sheel) List each MBEIWBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County prior to finalization. Name of MBElWBE NCTRCA' Certification # Phone # S I MH Description of Work Amount Y! 'North Central Texas Regional Certification Agency • HS = Sub (contractor/consultant) HM= Material Supplier ~MBElWBE'SAdded Please Explain ~o b~'1.~~ cr...d~ COMPLETE THIS PORTION OF THE FORM WITH DATA ON YOUR COMPANY. NAME OF YOUR BUSINESS: ADDRESS: PHONE# ------S 1'"<. A rr 1'1 c-- q 601 ~(1.R&' kd. 'ST..c...I(" ( N ! 1241-<.'<'51'1' 7>.1.'("$ ( ,)«/) ?, 0co1t Jb l 0. C k_ _0)(rl) KiM. )-5' Printed Name Of Preparer s~~~ Title DateI' -(-7 3. LETTERS OF ASSURANCE Letter Of Assurance "A" : i .The undersigned bidder/proposer hereby assures that our firm will meet or exceed submitted MIWBE goals and shall demonstrate and' jdocument a Good Faith Effort to comply with the Dallas County's Minority and Woman-Owned Business Involvement Policy in: !subcontracVsubconsultant awards. The undersigned further agrees that any deviation from the initial goals will be done so only with the! 'concurrence of Dallas County. ' jName of Company Signature Title (Officer of firm) Date '(Complete this section only if you're planning to use the services of an NCTRCA certified vendor) ...... ,...... ".... .i Letter Of Assurance "8" The undersigned b'idder/proposer hereby certifies that our firm will perform the contract: with our own work forces, and submit information sufficient to demonstrate that it is your nonnal business practice to do so. or without the services of M/WBE subcontractors/subconsultants. The undersigned further submits GFE documented attempt(s). Sca1,](J- d3l,k-;, j Name of Company Signature Title (Officer of firm) Datb j (Complete this section only if you're not planning to use the services of an NCTRCA certified vendor) NOTE: Each bidder/proposer will be required to sign one of the above fetters of assurance which should be returned with proposal. ====== 4. PRIME CONTRACTOR MBEIWBE IDENTIFICATION , ,'Minority Business Enterprise (MBE) - The bidder/proposer represents that it: : is, is not a minority-owned business, NCTRCA' #. ______ :Woman Business Enterprise (WBE) - The bidder/proposer represents that it ,is, is not a woman-owned business, NCTRCA' # , "NCTRCA, = North Central Texas Regional Certification Agency , .------ ------..._-- 5. EEO·1 Form (To be submitted by the prime and any sub with 20% or more of the contra_ct~). __ NAME OF FIRM: -r;-~-,<.' "'" n-- -r ~~- ...... -~------t; I--- . t<- '"" • ..., \ I' 4 l~~O 2 ~ ~ : I \ ! I ) 7 1-if 1 -_+-=-~-J __ S I 1> .-.. -.. -~- ! I I I I --r--=t== -1-- - -- _ I· ~ - ---.--. '-1=I~ " I '7 __ t-___ __ 2. & __u I:::: -~ -'. - - !~ c-::=Laborers ...... and Helpers 8 I ~ Service Workers 9' J TOTAL 10 -:z. / "is" I II \.J.. 1'61--- 52 PREVIOUS YEAR TOTAL 11 I _ I I:l-.J 15 ~ --- 2..{.., lip I - 1( - 1. Date(s} of payroll period used: A ~""SI({.113-..-- I (Omit on the Consolidated Report.) Section E·ESTABLISHMENT INFORMATION (Omit on the Consolidated Report). What Is the major activity of this establishment? jBe specific, i.!,., manufacturing st~el casings, retail groqr, wholesale plumbing supplles,fille Insurance, etc, Include the specific type of product or type of service provided, as well as thejllinclpal business or Industrial actlvltY.)(~th ... " "Lr-". bA~e D ,,,. /.. liJJ:J..AJ- g..... ~. Section F· REMARKS-Use thiS Item to give any Identfficatlon data appeanng on the last EEO-l report which differs from that given above, explain major'changes In compoSl"on of reporting Units and other pertinent Information Section G· CERTIFICATION [1 I All reports are accurate and were prepared in accordance with the instructions. (Check on Consolidated Report only.) Check One ~__ 2 I !;r""" 12~5 ree?rt is accur~te and was prepar~ in accordance with the instructions _~. _ ~ __ Name of Certifying Official s." ...-r ~~-l"(K Title ~~O _ Signature~~ IDatezht/t7 Name of person to contact regarding this-'''f:'Ort -SCan 1>1 .... (1<. Title Qf 0 Address (Number and Street)'i'}04 fi>.uu: i..~_:;;ie ,I:. 11\ City and Stat~ Pi'I-L"''> -r "f • Zip Code "1$ J-.4f"> I Telephone No (including area code and extension) J-sto 0 Email addres'S~,"",,,-e"""""'1'K '<" < All reports and ,"formation oilalned from ,"dlvldual reports Will be kept confidential as reqUired by Secllon 709(e) of Title VII WILLFULLY FALSE STATEMENTS ON THIS REPORT ARE PUNISHABLE BY LAW US CODE,"'"t~ "--~~~ _ T-'TLE 18, SECTION 1001______Description of Race and Ethnic Identification and Job Categories are found @ hltp:lfwww,eeocqQvlempiDvers[ee,ol surveyf2007lnstruclions.cfm / Appendix 4. Race and Ethnic Identification I and Appendix 5_ Description of Job Categories % I '.0"% I )0.53% I ".00% I "OIl'!. I