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1/3/2012 1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA January 3, 2012 REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS. 1) HEALTH & HUMAN SERVICES a) DOE American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program Contract Amendments .................... 414 b) FY2011 Department of State Health Services Housing Opportunities for Persons with AIDS Contract Amendments ................. 1517 c) FY2011 Ryan White HIV/AIDS Treatment Extension Act of 2009 Part AMinority AIDS Initiative Contract Amendments .......................... 1820 d) Department of State Health Services FY 20122013 Ryan White Treatment Modernization Act Part B Application ..................................... 2127 e) The Department of State Health Services Document #2012040402001 Hansen’s Disease .......................................................... 2840 f) Department of State Health Service Contract #2012040422001 HIV Surveillance Perinatal......................................................................... 4153 2) JUVENILE Restoration of Reduction in Force (RIF) Position and Reclassification of Position................................................................................... 5456 3) INFORMATION TECHNOLOGY Visual Studio 2010 ................................................................................................ 5760

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Page 1: 2 Dal

1/3/2012

1

DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

January 3, 2012

REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS.

1) HEALTH & HUMAN SERVICES

a) DOE American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program Contract Amendments .................... 4­14

b) FY2011 Department of State Health Services Housing Opportunities for Persons with AIDS Contract Amendments ................. 15­17

c) FY2011 Ryan White HIV/AIDS Treatment Extension Act of 2009 Part A­Minority AIDS Initiative Contract Amendments .......................... 18­20

d) Department of State Health Services FY 2012­2013 Ryan White Treatment Modernization Act Part B Application..................................... 21­27

e) The Department of State Health Services Document #2012­040­402­001 Hansen’s Disease .......................................................... 28­40

f) Department of State Health Service Contract #2012­040422­001 HIV Surveillance ­ Perinatal......................................................................... 41­53

2) JUVENILE

Restoration of Reduction in Force (RIF) Position and Reclassification of Position................................................................................... 54­56

3) INFORMATION TECHNOLOGY

Visual Studio 2010 ................................................................................................ 57­60

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1/3/2012

2

4) PUBLIC WORKS

a) Master Agreement Governing Major Capital Improvement Program (MCIP) for the City of Seagoville................................................................. 61­94

b) Affidavit of Rejection of Alleged Quitclaim Dead from Diane S. Dominy S. Chafin – Lots 20, 21, 22 & 23, Beverly Hills Annex, Block 4149­H, City of Dallas, TX ..........................................95­100

5) OPERATIONS

IP Interoperability and Communications System (IPICS)..............................101­107 (COURT ORDER ON FORMAL AGENDA)

6) ADMINISTRATION

Filming Request in County Facilities ...............................................................108­110

7) BUDGET

a) Conference/Travel/Training Requests................................................111­112

b) Hiring Freeze..........................................................................................113­114

c) Sheriff’s Office MOU with Office of Violent Sex Offender Management ..........................................................................115­116

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

§ Jail Population Report § Office of Budget & Evaluation ­ Reserve Balance Report­ December 14, 2011 § County Auditor – Bid Contracts – Insurance Exceptions as of December 14,

2011 § Purchasing ­ Annual Contract Data Information

9) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................117­122

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1/3/2012

3

10) PUBLIC COMMENTS

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

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister’s Letter of Appreciation

DATES TO REMEMBER

Monday, January 16, 2012

Page 4: 2 Dal

TO:

FROM:

DATE:

4

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

ZACHARY THOMPSON, M.A. DIRlcCTOR

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

JANUARY 3,2012

---

SUBJECT: DOE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) WEATHERIZATION ASSISTANCE PROGRAM CONTRACT AMENDMENTS

BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) has notified the Dallas County Health and Human Services of Amendments to the Weatherization Assistance Program contracts Nos. 16090001150, 16090000661, 16090000748, 16090000754, 16090000761, 16090000762, 16090000763, 16090000764, and 16090000782, with Dallas County Health and Human Services, through the American Recovery and Reinvestment Act CARRA), under which weatherization services are provided within Dallas County and within the cities of Dallas, Irving, Garland, Carrollton, Grand Prairie, Mesquite, Richardson, and Balch Spring/Hutchins, respectively. The amendments extend the weatherization services contracts through January 31, 2012.

OPERATIONAL IMPACT There is no operational impact to Dallas County.

FINANCIAL IMPACT There is no financial impact to Dallas County.

LEGAL IMPACT The amended contracts from TDHCA require the approval of the Commissioners Court and the electronic signature of the County Judge.

STRATEGIC PLAN COMPLIANCE Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2; Dallas County is a health community. Weatherization services are provided to low-income homes in Dallas County and referenced said cities, and include caulking, weather stripping, insulation, replacing & repairing doors and windows, patching holes in bUilding envelopes, roof repair, duct work, and insulating effective water heaters. The program also funds tune-ups or replacement of unhealthy heating and inefficient heating and cooling appliances.

2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100. Fax (214) 819-6022. dallascounty.org

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Page 5: 2 Dal

January 3, 2012 Commissioners Court Page 2

RECOMMENDATION

5

It is recommended that the Dallas County Commissioners Court approve the Amendments to the DOE TDHCAARRA Weatherization Assistance Program contracts for Dallas County and the cities of Dallas, Irving, Garland, Carrollton, Grand Prairie, Mesquite, Richardson, and Balch Spring/Hutchins (Contract Nos. 16090001150, 16090000661, 16090000748, 16090000754, 16090000761,16090000762,16090000763,16090000764, and 16090000748, respectively), extending the contract term through January 31, 2012, and authorize the County Judge to electronically sign all related documents on behalf of Dallas County.

Attachments C: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100 @ Fax (214) 819-6022. dallascounty.org

Page 6: 2 Dal

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a Dallas County ~c'- " ! Health and Human Services . ;;'r, 0> "j-~ Grants Management

ZACHARY S. THOMPSON DIRECTOR

TO: COMMISSIONERS COURT

1 5

FROM: ZACHARY S. THOMPSON, DIRECTOR HEALTH AND HUMAN SERVICES

DATE: JANUARY 3, 2012

-

SUBJECT: FY 2011 DEPARTMENT OF STATE HEALTH SERVICES HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS CONTRACT AMENDMENTS

Backgrouud ofIssue The Dallas County Judge is the grantee and legal recipient of the State of Texas Department of State Health Services (DSHS) Housing Opportunities for Persons with AIDS (HOPW A) grant. Dallas County Health and Human Services (DCHHS) is designated to servc as the Administrative Agency for DSHS HOPWA funds. The purpose of these grant funds is to provide housing and related services to persons affected by the human immunodeficiency virus (HIV) and individuals with acquired immunodeficiency syndrome (AIDS) that reside in the Dallas and ShermanlDenison HIV Services Delivery Areas (HSDA) of Cooke, Fatmin, Grayson and Navarro counties. The FY 20 II contract between DSHS and DCHHS, Contract No. 2011-037677, in the amount of$59,000, is for the period February 1,2011 through January 31,2012.

The FY 2011 DSHS HOPWA award of$59,000 is designated funding contracted on a sole source basis to serve eligible individuals and families impacted by HIY / AIDS. Your Health Clinic (YHC) was allocated $57,000 to serve Cooke, Fannin, and Grayson Counties, and the DCHHS - HOPW A Unit was allocated $2,000 to serve Navarro County.

Due to the inabilities of some service providers to meet programmatic and financial benchmarks, grant funds in the atnount of$I,500 are available for reallocation. DCHHS recommends reallocation of$1 ,500 trom Navarro County to the Sherman-Denison HSDA

Fiscal Impact There is no fiscal impact on Dallas County.

Operational Impact DCHHS staff will coordinate and perform the administrative activities 111 accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Legal Impact The Dallas County Commissioners Court must approve the reallocation and authorize the County Judge to sign contract amendments on behalf of DaHas County.

Page 16: 2 Dal

1 6

Commissioners Conr! - Page 2

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the I-lousing Opportunities for Persons with AIDS/HIV (I-IOPW A) grant. The FY 2010 DSHS HOPW A grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV I AIDS by providing stable and affordable housing for persons living with I-IIVI AIDS.

Recommendation It is recommended that the Dallas County Commissioners Court approve the award of reallocated FY 20 11 DSHS HOPW A contract funds in the amount 01'$1 ,500, to the service provider as presented in Attachment A, and authorize the County Judge to sign contract amendments with the specific service providers on behalf of Dallas County.

RECOMMENDED BY:

"" .f </ /49/( __ ...,j..~",=?- 7""-~:::, S ,;A".I

'l"tchary S,(fhompld6n, l)irector !

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

Page 17: 2 Dal

1 7

ATTACHMENT A

FY 2011 _ 2012 DSHS HOJ'WA Award

AGENCY SERVICE CATEGORY Initial Award ";~~::d Fum" Total Award

....• Your Health Clinic , 3.833 (61 3,827

Sh."Teem ' , 6,725 1.200 7,925

. T.n,.'''-",,' R.;;;' 37.925 37.91, ~ , ,=;; ',5IC 306 ',823

To'" 57,000 1.500 58,500 .' . C

Dallas , & lIom,u Sm',,, - -131 (98) J3 HOPWA Unit 1,035 (735 300

r,",., R",d R,",.' "",;;- , S;;;"~., 834 (6(,7 167

To", 2,000 (1,500 - 500 . '.' ',- "·'c· ";"

Ire TAL,;;w;;< ~-T 59.000 1.500

~I <9.1111"

'c'- " •• , 'oud, - ',500 " Fuud,

_ ... : ~ ?; C';~-~~,,;;? ".' --IT()1''' FY 2011 ,"Il , AWARD 59,000 - I - 59,000 ~ -'-,-~ ','. '

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12/12120] ] C.\[)ocumenls and Seltio£gs\yflemmingsILocai Settings\Tempomry Interne! Fi!es\Content.O(ltlookI.ZR8T3DBO\FY 2011 DSHS HOP Atl A 0] 03 12

Page 18: 2 Dal

1 8

DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

Zachary Thompson Director

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: JANUARY 3, 2012

---

SUBJECT: FY 2011 RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 PART A-MINORITY AIDS INITIATIVE CONTRACT AMENDMENTS

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HIV/AIDS Treatment Extension Act of 2009 (TEA) Part A-Minority AIDS Initiative (MAl) grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Hnman Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DeI-IHS is responsible for completing the grant application, managing the sub­recipient award process, tracking the expenditure of funds by service providers throughout the contract period, and making recommendations, when appropriate, to reallocate funds. In

The Commissioners Court approved the revised FY 2011 Ryan White Part A - MAl budget on November 1,2011. Of the $912,964 allocated to service providers, contracts and budgets in the amount of$556,592 have been approved for award. Contracts in the amolmt of$356,372 are being submitted under this briefing for approval.

Fiscal Impact There is no fiscal impact to Dallas County.

Operational Impact Administrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of the subcontractors in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Legal Impact The Dallas County Commissioners Court must approve the award recommendations and authorize the County Judge to sign the contracts on behalf of Dallas County.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of2009 Part A-Minority AIDS Initiative (MAl) grant. The FY 2011 Ryan White Part A-Minority AIDS Initiative grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV/AIDS.

CJ

Page 19: 2 Dal

Commissioners Court January 3, 2011 Pagc2

Recommendation

1 9

It is recommended that the Dallas County Commissioners Court does hereby approve the award of FY 2011 Ryan White Part A - Minority AIDS Initiative grant funds, as outlined in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

Page 20: 2 Dal

i?Y 2011 - 2012 Ryan White MAl A WARD

AGENCV

AIDS ARMS

DENTAL HEALTH I I

.... IE HOliSE

LU

'.

SERVICE CATEGORY

.

Case AIDS

• Medical Care Medical Case '

Case:

TOTAL ....... ".'

Oral flealth Care OTAL

;,"; ,":

. Housing Based Abuse

~'fAL

81.454 102,540 262,4 75

69,067 317,475 . ,;

12 ;,c· 11,627

)TA , MAl FlJNDS OBLIGATED T(] ,VI '_:' ~::::2 ,21 ,

AA-- A . ,Suppurt

QM -- Quality: 50,923 t Support

ATTACHMENT A

.' ............ '" ...•.....

'''.c' " 76.: 19 '.6~

109,609 144,791 15,637

346,256 861, '. .•.. !:;,. :' •

10.116 28,558 558

50,923 , FY 2011 - 2012 RYAN WHiTE MAl AWARD OBLIGATED 493,595 356,372

I Funds 356372 (356,372: _

~ -2012R'~~:M~A'IA~VVA@i'D~~~1 . '~~1§~~~~.~ ~.:;.:":":;".,;""";,,,<,,,,, ~

12/1212011 ('-\Documents ~nd Sening$\yilemmings\Loc?i Settings\Temp",ary lntemd Files\Content.OullookIZR8T3DBOIFY 2011 MAl Art A 01 03 12

Page 21: 2 Dal

Zachary Thompson Director

TO:

FROM:

DATE:

2 1

DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

COMMISSIONERS COURT

ZACHARY S. THOMPSON, DIRECTOR

JANUARY 3, 2012

-0)

~ C2 ~

SUBJECT: DEPARTMENT OF STATE HEALTH SERVICES FY 2012-2013 RYAN WHITE TREATMENT MODERNIZATION ACT PART B APPLICATION

Background ofIssue The Dallas County Judge is the grantee and legal recipient of grant funds from the Department of State Health Services (DSHS). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for the following DSHS HlV Services Delivery Areas (HSDAs); the Dallas HSDA which includes Cooke, Dallas, Denton, Ellis, Hunt, Kaufinan, Navarro, and Rockwall counties; and the Sherman-Denison HSDA which includes Cooke, Fannin, and Grayson counties. The FY 2012-2013 Ryan White Treatment Extension Act Part B grant is intended to fund direct service activities for the Dallas and Sherman-Denison HSDAs.

In accordance with the provisions of the DSHS grant, the Administrative Agency is responsible for the completion and submission ofthe non-competing application. The total Ryan White Part B grant for FY 2012-2013 is $3,402,567. The amount of assistance for direct service activities is $2,908,567. The amount of assistance for administrative activities is $494,000, level funding. This is an increase of$97,306 from FY 201 I - 2012. The application and all required forms are due to DSHS by January 17,2012.

Fiscal Impact There is no fiscal impact on Dallas County. Instead, the decrease in service delivery funding will impact the amount of funding awarded to subcontractors providing direct service to persons living with HIV/AIDS (PLWHA).

Operational Impact The DCHHS will be responsible for administering all funds received under the FY 2012-2013 Ryan White Treatment Extension Act Part B grant.

Legal Impact The Dallas County Commissioners Court must approve the submission of the FY 2012-2013 Ryan White Treatment Extension Act Part B grant application and budgets as attached.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act Part B grant. The FY 2012-201 3 Ryan White Part B grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV I AIDS.

2377 N. Stemmons Freeway Dallas, Texas 75207-271 0

Suite 200, LB-16 Office 214.819.1849 Fax 214.819.6023

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Commissioners Coort .January 3, 2011 Page 2

Recommendation

22

It is recommended that the Dallas County Commissioners Court does hereby approve the submission ofthe FY 2012-2013 Ryan White Treatment Extension Act Part B application, in the amount of$3,402,567, as reflected in the attachment.

/:/ / '.?

RECOMMENDED BY: ----it~L~ ;:fL's'-"'9=~"'''-'=' l'-----__

ftachary 1;,lOmpsoll,Director I ~<

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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TO:

FROM:

DATE:

SUBJECT:

23

..;.:* .*:'1(k TEXAS /;,c,'t Department of ~- State Health Services

Memorandum Ryan White Administrative Agency Executive Directors Ryan White Administrative Agency Contact Persons

Amanda Reese, Contract Manager Contract Management Unit Division of Prevention and Preparedness

Decem ber 1, 2011

Administrative Agency (HIV/RW) Contract Gnidance for 2012-2013 Project Year (04/01112 - 03131113)

Enclosed are the documents required for your agency's Services and Administrative (HIV /R W) contract with the Department of State Health Services (DSHS) for the period April I, 2012 through March 31, 2013 (the Project Year, or PY). This document will be posted on the HIV/STD Program's website at: http://www.dshs.state.tx.us/hivstd/fundingldefault.shtm. rnstructions for completing the forms are in the documents below. If you have questions, please contact Amanda Reese at (512) 776-6539.

Please note the following updates for the Project Year 2012-2013 Ryan White Part B Contract Forms:

Keeping in line with last year, the administrative and service delivery contract will remain as one contract (BIVlRW). Therefore, this document will address administrative and services functions of the Administrative Agency. You will note DSHS is requesting information regarding Ryan White and State Services. The State Services information will be used for contractterm (09/0112012-08/31/2013). However, the HIV IR W contract starting 04/01/2012 will only include Ryan White administrative and service delivery allocations.

Contractors shall not exceed the allocated amount for the administrative costs during this contract term.

Administrative Agencies will prepare a twelve (12) month budget for this PY (04101112-03131/13). The administration and service delivery allocation is in Table A (12 month funding allocations) attached to this document. ,

Revised budget forms are attached. Please note that State Service budget information is not requested at this time. This information will be requested with the next State Services Contract Application Packet.

A sample ofthe revised voucher support form for reimbursement requests is attached for PY 2012-2013.

Important due dates for required documents are as follows: DneDate

I HlVlRW Contract Application (Forms) January 17, 2012 Budget Forms HlV/RW and HIV/SRVS State Services Table 1 HlVlRW Table 2s (completed, signed, and April 30, 2012

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24

sealed in ARIES)

Categorical Budget Justification Form for each subcontractor.

INSTRUCTIONS FOR SUBMISSION Please submit one (I) electronic copy of the contract guidance (forms) to the email address listed below, one (l) electronic copy to your HTV Services Consultant, and one (I) electronic copy to your Public Health Regional HIV/STD Program Manager. The face page must be scanned in as a PDP and sent to:

[email protected] Contract Management Unit

Texas Department of State Health Services

Hard copies of contract guidance (forms) are not required for submission.

2

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TEXAS Department of State Health Services

Project Year 2012-2013 Contract Application Packet For Administrative Agency

(HIV/RW) http://www.dshs.state.tx.us/hivstd/fund ing/default.shtm

Issue Date: December 1, 2011 Due Date: January 17, 2012

Contract Management Unit Department of State Health Services

11 00 W. 49th Street Austin, Texas 78756-3199

David L. Lakey, M.D. Commissioner

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Department of State Health Services (DSHS) FORM A: FACE PAGE -This form requests basic information about the applicant and project, including the signature of the authorized representative. The face page is the cover page of the renewal and shall be completed in its entirety. Signature of face page certifies to all DSHS and program assurances listed in this renewal document

APPLICANT INFORMATION ..

1) LEGAL NAME: Dallas County Health and Human Services

2) MAILING Address Information (include mailing address, street, city, county, state and zip code): Check if address change 0 2377 N. Stem mons Freeway Suite 200, LB 16 Dallas, Texas 75207-2710 ..

3) PAYEE Mailing Address (if different from above): Check if address change 0 Dallas County 407 Records Building Dallas. Texas 75202 ...

""--

4) Federal Tax ID No. (9 digit), State of Texas Comptroller Vendor ID No. (14 digit) or Social Security Number (9 digit): "The vendoracknowfedges, understands and agrees that the vendor'S chOice to use a socia/securitynumberas the 75-6000905 venli.0r ir1.entificatJon number(or the contract, mat. result in the social securi!y' number beinfl made £!.ub/ic via slate o£!.en records rl!!luests.

5) TYPE OF ENTITY (check alilhat apply): 0 City 0 Nonprofit Organization' 0 Individual

I2l Counly 0 For Profit Organization' 0 FQHC

0 Other Political Subdivision 0 HUB Certified 0 Stale Controlled Institution of Higher Learning 0 State Agency 0 Community-Based Organization 0 Hospital

I 0 Indian Tribe 0 Minorily Organization 0 Private

0 Other (specify):

'If incor orated, provide 10·digit charler number assigned bt SecretaI}' of State: ...

" tly operating under a HUB Subcontracting plan on file at DSHS? Yes 0 No I2l 7) BUDGET PERIOD: Start Date: 04/01/2012 End Dale: 03/31/2013

8) COUNTIES SERVED BY PROJECT: Ust all counties to be served: Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hunt Kaufman, Navarro, Rockwall

9) AMOUNT OF FUNDING REQUESTED: $3,402,567 11) PROJECT CONTACT PERSON I ..

10) PROJECTED EXPENDITURES Name: Karin Petties

Does applicant's projected state or federal expenditures exceed : Phone: 214-819-1841

$500,000 for applicant's current fiscal year (excluding amount requested . Fax: 214-819-6023 I in line 8 above)? .. E-mail: [email protected] -

12) FINANCIAL OFFICER I Yes I2l No 0 Name: Virginia Porter

**Projected expenditures should include funding for af! activities including "pass Phone: 214-653-6472 Fax: 214-653-6440 through" federal funds from al/ state agencies and non project·related OSHS E·mail: vQorteriCi!daliascount~.org

il funds. - .- .. -,I, the un,dersign~d, am the authorized repr~~ent,atlve of th: apP,licant filing thi,s, contract re~ew.al application, ,T~e facts contained herein are true, and the applicant is II m compliance With the assurances and certifications contamed In the competitive RFP, which IS part of the orlgmal contract and any prior renewals and amendments I understand that this contract renewal depends on the truthfulness of this document and on the applicant's continued compliance with the original contract and all it~ I

components and amendments, .

0 14) SIGNATURE OF AUTHORIZED REPRESENTATIVE I 13) AUTHORIZED REPRESENTATIVE Check if change

Name: Zachary Thompson il Title: Director I

15) DATE

Phone: 214-819-2101 I January 10, 2012 Fax: 214-819-2835 I , zthompson@dallascount~.org J ~~~~~~~-~~~~~~ L E·mall.

.~

6

I

I I

I

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FORM B: CONTACT PERSON INFORMATION

Legal Name of Applicant: Dallas County Health and Human Services

This form provides information aboutthe appropriate program contacts in the applicant's organization in addition to those on FORMA: FACE PAGE. If any of the following information changes during the term of the contract, please notify, Amanda Reese, Contract Manager, in writing.

•.. , ~~

Executive Director: Zachary Thompson Mailing Address (incl. street, city, county, state, & zip): ,

Title: Director Dallas County Health a,nd Human Services __ ._

Phone: 214-819-2101 Ext 2377 N. Stemmons Freeway, Suite 600 ,

Fax: 214-819-6022 Dallas, TX 75207-2710

E·mail: [email protected] - ..

, j - -

Project Contact: Karin Petties Mailing Address (incl. street, city, county, state, & zip):

, Title: Assistant Director Ryan White Grants Dallas County Health and Human Services ----

Phone: 214-819-1841 Ext. 2377 N. Stemmons Freeway, Suite 200, LB 16 , Fax: 214-819-6023 Dallas, TX 75207-2710

-E·mail: [email protected]

Financial Reporting Contact: Virginia Porter Mailing Address (incl. street, city, county, state, & zip):

Title: County Auditor Dallas County

Phone: 214-653-6472 Ext. 407 Records Building

Fax: 214-653-7286 Dallas, TX 75202 , .. __ .---_ ..

E·mail: [email protected] .

,

URS Data Manager: Thomas Reed Mailing Address (incl. street, city, county, state, & zip):

Title: Data Analyst Dallas County Health and Human Services "---

Phone: 214-819-2094 Ext 2377 N. Stemmo.~s Freeway,Suit~.200, LB 16 , Fax: 214-819-6023 Dallas, TX 75207-2710

E·mail: [email protected] ..

-"""--- , .. , .

Planning Contact: Felton Stevens Mailing Address (incl. street, city, county, state, & zip):

Title: RWPC Planner Dallas County Health and Human Services

Phone: 214-819-1879 Ext 2377 N. Stem mons Freeway, Suite 200, LB 16

Fax: 214-819-6023 Dallas, TX 75207-2710 ---

E·mail: [email protected] "

.. .. ,

Clinical Services Contact: Vacant Mailing Address (incl. street, city, county, state, & zip):

Title: , -

Phone: Ext. - ,-

Fax:

LE.mail: . ._--_ .... -_._--

. - ='

8

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28 DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration

ZACHARY S. THOMPSON DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director -

DATE: January 3, 2012 w u; C)

SUBJECT: THE DEPARTMENT OF STATE HEALTH SERVICES DOCUMENT#2012-040402-001, HAN~N'S.j:)t~EASE 1# ('") ;

CJ :z: U'I c::

BACKGROUND ... ;» -\

The Department of State Health Services (DSHS) Document#2012-040402-001 (Hansen's Disease), provides specialized public health nursing services to Hansen's Disease (HD) patients, assist local physicians in providing quality outpatient services, provide and coordinate outreach services, patient follow-up, case-finding, perform eye, hand, foot, and contract screens. Coordinate the HD nursing care program within the assigned areas and other existing health care and social agencies program that do or can provide assistance with patient following-up and coordinate patient education. This attachment is effective January 1, 2012 and will expire on December 31 , 2012.

OPERATIONAL IMPACT

This contract continues to partially fund one (1) full-time Public Health Nurse II.

LEGAL IMPACT

The County Judge is required to sign the contract after approval by the Commissioners Court.

FISCAL IMPACT

This contract provides $47,828 for salaries and fringe benefits, $167 for travel, $650 for supplies, $6,240 for contractual which includes lab testing with LabCorp, physician services with the University ofTexas Southwestern, and interpretation services, $60 for other, and $16,632 for indirect. A discretionary County match in the amount of $19,213 is needed to supplement the salaries and fringes benefits.

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approves the Department of State Health Services Document #2012-040402-001 (Hansen's Disease), and authorizes the County Judge to sign the contract on behalf of Dallas County.

Recommended bY:-:-/-~~~7-".G~""zf~~~

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

2377 N. Stem mons Freeway Suite 644 - LB 12

Dallas, Texas 75207-2710 Office (214) 819-2100 FAX (214) 819-2107

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DEPARTMENT OF STATE HEALTH SERVICES

This contract, number 2012-040402 (Contract), is entered into by and between tbe Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT (Contractor), a Government Entity, (collectively, the Parties).

1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to tbe eligible populations as described in the Program Attachments.

2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $71,577.00. and the payment methodes) shall be as specified in the Program Attachments.

3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or healtb and human services agencies, amendment to tbe Appropriations Act, health and human services agency consolidation, or any otber disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.

4. Term of the Contract. This Contract begins on 01/0112012 and ends on 12/3112012. DSHS has the option, in its sole discretion, to renew tbe Contract as provided in each Program Attachment. DSHS is not responsible for payment under tbis Contract before botb parties have signed the Contract or before the start date of the Contract, whichever is later.

5. Authority. DSHS enters into this Contract under tbe autbority of Health and Safety Code, Chapter 1001.

6. Documents Forming Contract. The Contract consists of tbe following:

a. Core Contract (this document) b. Program Attachments:

2012-040402-001 Hansens Healtb & Human Services Department

c. General Provisions (Sub-recipient) d. Solicitation Docnment(s) (NA), and e. Contractor's response(s) to the Solicitation Document(s) (NA). f. Exhibits

Any changes made to tbe Contract, whetber by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.

92648·[

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7. Conflicting Terms. In the event of conflicting tenns among the documents fonning this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any.

8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract:

Name: DALLAS COUNTY Address: 509 MAIN ST STE 407

DALLAS, TX 75202-5717 Vendor Identification Number: 17560009056005

9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract.

By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party.

DEPARTMENT OF STATE HEALTH SERVICES

By: ________ -,--_ Signature of Authorized Official

Date

Bob Burnette, C.P.M., CTPM

Director, Client Services Contracting Unit

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

(512) 458-7470

[email protected]

92648-1

DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

By: _________ _

Signature

Date

Zachary Thompson, Director

Printed Name and Title

2377 N. Stemmons Frwy., Ste. 600 Address

Dallas, Texas 75207 City, State, Zip

214/819-2100 Telephone Number

[email protected] E-mail Address for Official Correspondence

BY: (signature of person authorized to sign)

Clay Lewis Jenkins, County Judge

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3 1

FY2012 HANSENS Disease Program Quarterly Report of HD Related Activities

DSHS Contract Number: 2012-040402 DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

EXHIBIT A

Agency: HD

Nnrse/Coordinator:

1. Report Period: Quarter: Jan - Mar

--- Apr-Iun ___ Jul-Sep ___ Oct-Dec

Year: ----

2. Numoor of New Cases Diagnosed:

3.

Type: Lepromatous Borderline Tuberculoid

Number of Examinations Performed: Cases: # of Unduplicated Count of

__ BorderlinelLepromatous Borderlinerruberculoid Indeterminate

Contacts: Patients Seen at the Clinic

___ # Examined by MD

___ # Household Contacts ___ # Cases Identified by Contact

Evaluation # Total Exams by MD

--- # Nurse Home Visits # Nurse Clinic Visits --

4. Number on Treatment: Cases: # Starting on Short-Term Therapy # Cases Lost to Follow-Up

___ # Completing Short-Term Therapy # On Treatment for Reaction

__ # Lost Cases Returning for Service

--5. Nnmoor of HD Services Performed:

Diagnostic: # Punch Biopsies # Slit Skin Smears --

Monitors: ___ # Eye. Hand. Foot

6. Number Referred for Service: Ancillary: ENT

Hematologist Neurologist Nephrologist Occupational Therapist Ophthalmologist

Hand __ # Hand Screens at Diagnosis Screens: # Annual Hand Screens

# Patients in Reaction __ # Patients with Increase in Symptoms

# Patients with Acute Nerves

Foot __ # Foot Screens at Diagnostic Screens: # Annual Foot Screens

# Patients in Reaction __ # Patients with Increase in Symptoms

# Patients with Acute Nerves

__ Orthopedist Orthotist

__ Physical Therapist Podiattist

__ Summit Hospital

Quarterly Report - Page 1

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Appliances: Shoes Other, Specify (include social services)

7. Number Language Services Clients: # Clients Served

TypelHours: # ill Person/Staff -- # By Phone/Staff

# ill Person/Contract # By Phone/Contract

8. TrainingfEducation: Sessions: # Number Provided Attendees: # Number Participants

32

Languages:

Target Andience(s):

Spanish Vietnamese

__ Other(s), Specify

___ Clients ___ Physicians

Nurses --- Other(s), Specify

Instructions for Completing Quarterly Report of HD Related Activities

1. Report Period: a. Place a (,i) check by the report period quarter being reported. Include the year in

the space provided.

2. Nnmber of New Cases Diagnosed: a. Enter the number of cases not previously reported to the Texas Department of

Health's Hansen's Disease Program in the space provided by disease type.

3. Number of Examinations Performed: a. Enter the number of cases currently being followed that received an examination

by a physician. (This is the unduplicated nnmber of cases examined. Total number of exams may be higher since one case may be examined more than once during the reporting period.);

b. Enter the numher of household contacts of cases currently being followed that were assessed for signs and symptoms of disease; and

c. Enter the number of cases identified because of the contact examination.

4. Number on Treatment: a. Enter the number of cases started on short-term therapy during the reporting

period;

Quarter! y Report - Page 2

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33

b. Enter the number of cases completing short-term therapy. (NOTE: short-term therapy = twelve (12) months for paucibacillary and two (2) years for multibacillary);

c. Enter the number of cases on treatment for reaction; d. Enter the number of cases lost to follow up and dispositioned as lost; e. Enter the number of cases that were found or returned for treatment after being

lost to service.

5. Number of HD Services Performed: a. Enter the number of diagnostic procedures (punch biopsies and slit skin smears)

performed; b. Enter the number of eye, hand and foot monitors done (this testing should be done

at every encounter); c. Enter the number of hand and foot screens done (this testing should be done a

minimum of once a year while on therapy and then annually for the next five (5) years post-therapy in paucibacillary and ten (10) years post-therapy for multibacillary, or more often in special circumstances such as: (1) muscle weakness, (2) loss of sensation or function since the last screening, (3) evidence of nerve involvement, or (4) during treatment for reaction.

6. Number Referred for Service: a. Enter the number of cases referred for ancillary services by type; b. Enter the number of cases referred for hospitalization; d. Enter the number of appliances requested/fitted; e. Enter the number of other referrals, including social service referrals

7. Number Language Services: a. Enter the number of clients receiving language services; b. Enter the number of hours of language services that were provided in-person by

staff andlor performed by subcontractors; c. Enter the number of hours of language services that were provided over the phone

by staff andlor by subcontractors; and d. Place a (.!) check by the languages that were requested. If other(s) is (.!)

checked, specify the specific Janguages(s) requested.

8. TraininglEducation: a. Enter the total uumber of training sessions provided; b. Enter the total number of participants that attended the training sessions; c. Place a (.!) check in the block by the type of target audience(s) that were served.

If the other(s) is (.!) checked, specify the particular individuals or groups that were served.

Quarterly Report - Page 3

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CONTRACT NO. 2012-040402 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000380240

CONTRACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

SERVICE: Hansens Health & Human Services DepartmentHansen's Disease Program Services

TERM:01l0112012 THRU: 12/3112012

SECTIONL STATEMENT OF WORK:

Contractor shall coordinate Hansen's disease (HD) services and case-manage clients who are suspected to have, or are diagnosed with, Hansen's disease. Clients are defined as persons with known or suspected Hansen's disease and their household contacts who live in the following countiesStatewide.

Contractor shall perform the following activities in accordance with DSHS Hansen's Disease Program requirements and the current A Manual for the Care of Hansen's Disease in the United States. National Hansen's Disease Program. Rev. 3/23/2011 (document provided to Contractor by the effective date of this contract):

1. Early Identification of Persons with HD a. Accept reports and referral of persons who are suspected to have, or are diagnosed with,

HD from any source, including (but not limited to) private and public physicians, laboratories, hospitals, and health care clinics;

b. Collect client's medical history and health insurance informatiou and arrange complete HD services for all patients through the HD service site or, if the patient prefers, with a private physician; and

c. Screen household contacts of newly-identified HD cases.

2. Client Assessment and Treatment a. Obtain a thorough client and family medical history; b. Obtain client and family history of HD; c. Assess client/family knowledge of HD; d. Assess client and family reaction to the diagnosis; e. Assess symptoms of the disease or disease process; f. Ensure assessment of HD-related reaction (actual or potential) is documented on the

encounter form provided by the DSHS Hansen's Disease Program; g. Assess symptoms of medication toxicity each visit; h. Conduct nerve assessment; i. Conduct sensory testing; J. Collect skin smears and biopsies for examination and ship to the National Hansen's

Disease Program in Baton Rouge, Louisiana within forty-eight (48) hours of collection. All specimen must be packaged and mailed using standard procedures outlined in A

PROGRAM ATTACHMENT-Page 1

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Manual for the Care of Hansen's Disease in the United States, National Hansen's Disease Program, Rev. 3/23/2011;

k. Evaluate and diagnose HD, and classify disease according to A Manual for the Care of Hansen's Disease in the United States. National Hansen's Disease Program, Rev. 3/2312011; and

1. Prescribe and provide state-purchased medications, as called for under A Manual for the Care of Hansen's Disease in the United States, National Hansen's Disease Program, Rev. 312312011, for the treatment of HD and conditions associated with the disease. Contractor must ensure that clients receive appropriate medication, regardless of the client's ability to pay.

3. Case Management a. Fulfill all reporting requirements established by DSHS' Hansen's Disease Program,

including complete and accurate submission of Forms C-12 and HD-400 within fourteen (14) days of notification of disease or suspicion of disease to the DSHS Hansen's Program. All reporting forms can be accessed at; http://www.dshs.state.lx.us/idcu/disease/hansens/forms;

b. Document all activities performed in the client assessment, case management and coordination of HD services on the HD 400 form (or other form as directed by DSHS) and submit within fourteen (14) days to the HD Program at DSHS Central Office;

c. Conduct surveillance and examinations of household contacts and document activities; d. Conduct HD monitoring visits in the clinic (or home, as needed) to assess therapeutic

response and environmental barriers to care; e. Perform toxicity checks before initiation of chemotherapy, and quarterly for clients

receiving multi-drug therapy that includes Rifampin. Assess for contraindications to each medication and adjust treatment regimen as medically indicated:

f. Conduct hand and foot screens at the minimum intervals specified in the current.A Manual for the Care of Hansen's Disease in the United States. National Hansen's Disease Program, Rev. 3/23/2011 and when symptoms of nerve or sensory damage are detected;

g. Make referrals for hand and foot rehabilitation as medically appropriate; h. Make referrals for medical, social, and/or psychological assistance needed by client; i. Make appropriate refelTals for medical care for conditions other than HD that may be

identified in the client assessment and diagnosis process; j. Monitor client status after the completion of active treatment for the period of time

specified in the current A Manual for the Care of Hansen's Disease in the United States, National Hansen's Disease Program, Rev. 3/2312011;

k. Provide transportation to and from HD medical and nursing appointments, if needed; 1. Coordinate HD services with private providers of HD clients; m. Conduct intensive and continuing education to client and family about the disease

process, appropriate treatment, medicati ons, symptoms to report to the physician, skin, hand and foot care and other self-care for successful treatment and prevention of disability; and

n. Monitor client's adherence to treatment/plan of care, and respond immediately and appropriately to non-adherence.

PROGRAM ATTACHMENT - Page 2

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4. Provider Education a. Contractor shall work with the health care community in their service area to develop an

understanding of HD diagnosis and treatment and available resources for consultation and referral;

b. Conduct routiue presentations to increase provider awareness ofHD, it's manifestation and treatment guidelines; and

c. Encourage reporting of persons who exhibit signs and symptoms of HD.

5. Community Awareness a. Contractor shall develop and maintain an active coalition of commnnity-based

organizations in the Contractor's service area to create awareness of HD and availability of HD medical services;

b. Prepare an HD epidemiologic profile oftheir service area and design presentations to fit conununity groups in that area; and

c. Conduct routine presentations to conununity organizations and other entities about HD signs and symptoms, treatment options and resources for care.

Contractor shall comply with all applicable federal and state statutes and regulations, standards, policies, and guidelines, including, but not limited to, the following:

• Conununicable Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 8] : • Communicable Diseases Texas Administrative Code, Title 25, Part 1, Chapter 97; and • A Manual for the Care of Hansen's Disease in the United States. National Hansen's Disease

Program. Rev. 3123120]] document.

DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below the contract amount, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds.

SECTION II. PERFORMANCE MEASURES:

The following key outcome performance measures will be used to assess, in part, the Contractor's effectiveness in providing the services described in this contract without waiving the enforceability of any of the other terms:

• 100% of clients must be examined by a physician having medical expertise in HD; • 100% of clients who are actively managed must receive hand and foot screens; and • Contractor is expected to make good faith efforts to ensure that 100% of short-term

therapy clients complete HD therapy. If data indicates that short-term therapy clients are completing HD therapy at a rate of less than 90%, DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage. In that scenario, Contractor must follow those additional measures, and do so according to the timetable mandated by DSHS.

PROGRAM ATTACHMENT - Page 3

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Contractor shall complete and submit to DSHS the Quarterly Report of HD Related Activities, hereby attached as Exhibit A, in a format provided by DSHS, either electronically to [email protected] and [email protected] or by mail to DSHS, TB Services Branch, Communicable Disease Control Group, Mail Code 1939, P.O. Box 149347, Austin, Texas 78714-9347. Reporting periods and due dates are as fotlows:

PERIOD COVERED DUE DATE January - March April 9, 2012 April- June July 9, 2012 July.- September October 8, 2012 October - December January 14, 2013

In accordance with the General Provisions, Compliance and Reporting Article, Reporting, failure to submit reports shall be cause for cancellation of the contract.

SECTION ill. SOLICITATION DOCUMENT:

N/A

SECTION IV. RENEWALS:

DSHS may renew the Renewal Program Attachment for up to one (1) additional one-year term, at DSHS's sole discretion.

SECTION V. PAYMENT METHOD:

Cost Reimbursement

SECTION VI. BILLING INSTRUCTIONS:

Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below.

Claims Processing Unit, MC1940 Department of State Health Services PO Box 149347 Austin, TX 78714-9347

The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email [email protected].

PROGRAM ATTACHMENT - Page 4

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SECTION VII BUDGET:

SOURCE OF FUNDS: CFDA #93.215

SECTION vrn. SPECIAL PROVISIONS:

General Provisions Article XIII. General Tenns, Section 13.15 Amendment, is amended to include the following:

Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Ptogram Attaclnnent.

PROGRAM ATTACHMENT - Page 5

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2012-040402-001

Categorical Budget:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUIPMENT

SUPPLIES

CONTRACTUAL

.. OTHER

TOTAL DIRECT CHARGES

INDIRECT CHARGES

TOTAL

DSHS SHARE

CONTRACTOR SHARE

OTHER MATCH

Total reimbursements will not exceed $71,577.00

$36,562.00

$9,266.00

$167.00

$0.00

$650.00

$6,240.00

$60.00

$54,945.00

$16,632.00

$71,577.00

$71,577.00

$0.00

$0.00

Financial status reports are due: 04/30/2012,07/30/2012,10/30/2012,03/01/2013

The budgeted indirect cost amount is based an indirect cost rate agreement approved by a Federal cognizant agency or a state single audit-coordinating agency. A copy of the current approved rate agreement is on file at DSHS.

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DALLAS COUNTY HEALTH AND HUMAN SERVICES HANSEN'S DISEASE

Itemized Listing of Equipment and Other Items

ITEM ~O+C;~TEGORY L __ DESCRIPTI()~()I' ITEM_._$lJJ\NII~-c-.1 UNIT CO~~_TOT"'I,..cOST 'I~ ____ ~~_ .. __ PURPOSE & JlJSfIFICAl:I()~ _________ ~~ __ _

t---------t- ---i-'''---P:~~~~~:~"" .. ~~~~~n~:~!~~:rj~_s _________ ._._._.,."-----------,-.t-~.-i--~+ ~ ---~~~~~~:~g I ~~-,,-3~:~~~:~:IT~~~~e~enefits-----------·" __ ~~ ___ ,---~-~l':"'-g~ __ ~ ___________ ~ _____ I--------~- .. ~-----~----~~ .. ~---~---- ---------~---I

[_t:l:S~!~ .. =~l~~~~:~gh;:~-= .. ~~t .-~ ]j=~~iH~j~$-- ~~i;;==~offiCe~ijeS~~ne ile~ to eX~eed$49~=:==== !--_...Q._+Contr,,-ctu"'--iLabCorp_and UTSouthwesterfl. __ .. _.L .. _1_~~_6.,~.o.OO i $ ___ .§,2~ab testing and physician services _________ ~_._ .. ______ ~

7 ' _,_." !ndir~g!~ __ ~_.,Jnd~~0 CC?~ ______ ~ ____ ._._ ... ______ L ___ 1 ____ J_----.!§!~32~gg_1 $ ,,~,~9_~2<OO -,Indirect ~ ___ ~._ .. ______ ~ ___ . __________ ~ ___ ,_., _____ ,,_ ... ___ ~--j . I _~ L I F',5??OO 1

-f'. o

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DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary S. Thompson Director

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: January 3, 2012

SUBJECT: DEPARTMENT OF STATE HEALTH SERVICES CONTRACT #2012-040422- 001, HIV SURVEILLANCE -PERINATAL

BACKGROUND

The DepartmentofState Health Services (DSHS) Contract#2012-040422-001, (HIV Surveillance-Perinatal), provides active surveillance and reporting activities for human immunodeficiency virus (HIV) acquired immunodeficiency syndrome (AIDS) with an emphasis on HIV exposed infants, pediatric cases, and HIV positive pregnant women. Reporting system registry maintenance, system evaluation, epidemiologic investigation, data analysis and confidentiality for all AIDS cases in Dallas County will also be conducted. This contract is effective January 1,2012 thru December 31,2012.

OPERATIONAL IMPACT

This contract will continue to partially fund one (1) full-time position and have no additional impact to Dallas County.

LEGAL IMPACT

The County Judge is required to sign the contract after approval by the Commissioners Court.

FINANCIAL IMPACT

This attachment provides $48,583.17 for salaries and fringe benefits, $1,459.75 for travel, $320.08 for supplies, $30 for other, and $3,723 for indirect charges. A discretionary County match in the amount $5,012 is necessary to supplement the salary and fringe benefits.

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approve the Department of State Health Services Contract #2012-040422-001 (HIV Surveillance-Perinatal), and authorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

Recommended bY:~~ ~'$"-' /' Zac Thom on, Director

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

2377 N.Stemmons Freeway Suite 644 - LB 12

Dallas, Texas 75207-2710 Office (214) 819-2100 FAX (214) 819-2835

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DEPARTMENT OF STATE HEALTH SERVICES

This contract, number 2012-040422 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT (Contractor), a Government Entity, (collectively, the Parties).

1. Purpose of the Coutract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described iu the Program Attacbments.

2. Total Amouut of the Contract and Payment Method(s). The total amount of this Contract is $54.116.00. and the payment methodes) shall be as specified in the Program Attachments.

3. Fuuding Ohligation. This Contract is contingent upon the continued availability of funding. If funds become uuavailable througb lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.

4. Term of the Contract. This Contract begins on 0110112012 and ends on 12/3112012. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later.

5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001.

6. Documents :Forming Contract. The Contract consists of the following:

a. Core Contract (this document) b. Program Attachments:

2012-040422-001 HIV Surveillance - Periuatal

c. General Provisions (Sub-recipient) d. Solicitation Document(s) (NtA), and e. Contractor's response(s) to the Solicitation Document(s) (N/A) f. Exhibits (NtA)

Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.

92648-1

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7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any.

8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract:

Name: DALLAS COUNTY Address: 509 MAIN ST STE 407

DALLAS, TX 75202-5717 Vendor Identification Number: 17560009056005

9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract.

By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party.

DEPARTMENT OF STATE HEALTH SERVICES

By: _________ _ Signature of Authorized Official

Date

Bob Burnette, C.P.M., CTPM

Director, Client Services Contracting Unit

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

(512) 458-7470

[email protected]

92648-1

DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

By: ________ . __ Signature

Date

Zachary Thompson, Director Printed Name and Title

2377 N. Stemmons Frwy., Ste. 600 Address

Dallas, TX. 75207

City, State, Zip

214/819-2100 Telephone Number

[email protected] E-mail Address for Official Correspondence

BY: (signature of person authorized to sign)

Clay Lewis Jenkins, County Judge

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CONTRACT NO. 2012-040422 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000380266

CONTRACTOR: DALLAS COUNTY HEALTH Ai'lD HUMAN SERVICES DEPARTMENT

DSHS PROGRAM: HIV Surveillance - Perinatal

TERM: 01/01/2012 THRU: 12/3112012

SECTION 1. STATEMENT OF WORK:

Contractor shall conduct active surveillance and reporting activities for humau immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS), as described herein.

Contractor's geographic area (s) under this contract is: Dallas

Contractor shall comply with all applicable federal and state statntes and regnlations, including, but not limited to:

• Chapters 81 and 85 of the Texas Health and Safety Code; • Relevant portions of Chapter 6A (Public Health Service) of Title 42 (The Public Health and

Welfare) of the United States Code, as amended; and • Title 25 TAC Chapter 97, Subchapter F.

Contractor shall also comply witb all applicable federal and state standards and guidelines, as revised, including, but not limited to:

• DSHS Standards for Public Health Services, located at http://www.dshs.state.tx.us/gmb/dshsstndrds4clinicservs.pdf;

• Texas HIV Surveillance Procedure Manual, latest revision to be provided to Contractor by the effective date of this Renewal Program Attachment;

• DSHS HIV/AIDS and STD Program Operating Procedures and Standards, located at http://www.dshs.state.tx.uslhivstdlpop-s/default.shtm;

• DSHS Program Policy "Release ofTBIHIVIAIDS and STD Data" located at http://www.dshs.state.tx.uslhivstdlpolicy/ security .shtm;

• Federal HIV/AIDS Security and Confidentiality guidelines, located at !illp:llwww.cdc.gov/hiv/topics/surveiliance/resources/guidelines/guidance/purpose.htm;

• DSHS Program Policy No.201l.01 "TB/HIV/STD and Viral Hepatitis Unit Confidential Information Security Policy:" located at http://www.dshs.state.tx.us/hivstd/policy/security .shtm; and

• DSHS Program TBIHIV /STD and Viral Hepatitis Unit Breach of Confidentiality Response Policy" located at http://www.dshs.state.tx.us/hivstdlpolicy/security.shtm.

PROGRAM ATTACHMENT - Page I

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All of the above named documents are incorporated herein by reference and made a part of this Renewal Program Attachment.

Contractor shall be responsible to DSHS Iorthe maintenance and evaluation of an active surveillance system for HIV / AIDS cases, as detailed herein. For the purpose of this Contract Attachment, "HIV infection" and "AIDS" are as defined by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service, (MMWR.Recommendations and Reports. 1999 148(RR13); 29-31) http://www.cdc.gov/mmwr/preview/mmwrhtml/rr4813a2.htm.

Contractor shall perform the following:

1. REPORTING

a. Maintain a current list of key reporting sources for all HIV -exposed infants, pediatric cases, and HIV -positive pregnant women (reference Texas HIV Surveillance Procedure Manual) in Contractor's geographic area, as specified herein. Contractor must conduct visits with these sources by August 31, 2012 to establish and maintain communication about state and federal reporting requirements, CDC guidelines for testing and treatment, and available public health services from local, state and federal providers.

b. Collect, for DSHS, those reports of pediatric HIV and AIDS cases diagnosed and/or treated, infants born exposed to HIV, aud HIV-positive pregnant women diagnosed and/or treated which health care providers (e.g., physicians, HIV service providers, etc.) and laboratories are required to make under T AC Title 25, Part I, Chapter 97, Subchapter F, Rule §97.132. Contractor is responsible for collecting the reports within Contractor's geographic area, as specified herein.

c. Ensure that HIV and AIDS pediatric case reports are accurate and complete. Also, ensure that these reports are submitted to DSHS Program within forty-five (45) days of receipt of the initial laboratory or morbidity report (required for all cases).

d. Download and mail electronic and hard copy pediatric case reports and addendums to DSHS Program weekly by Friday close of business unless prior arrangements have been made with DSHS Program in writing.

e. Complete and submit quarterly activity reports demonstrating Contractor's conduct of HIV / AIDS case-finding activities, as detailed under SECTION II. PERFORMANCE MEASURES of this Renewal Program Attachment.

f. Complete monthly activity report documenting staff activities under this contract. These reports shall be submitted on the 10" calendar day of each month in a format provided by DSHS Program.

PROGRAM ATTACHMENT - Page 2

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g. Supply DSHS with a copy of all new job descriptions and all changes to existing job description for which a portion or all of the salary is paid by this Renewal Program Attachment within thirty (30) days of the job description's effective date.

h. Snbmit travel support documentation to DSHS when submitting vouchers for reimbursement. Support documentation shall list the employee who traveled, date of travel, purpose of travel, and a breakdown of the costs associated with the travel.

2. REGISTRY MAINTENANCE

a. Maintain a case file on all confirmed and suspected cases of pediatric HIV and AIDS, infants born exposed to HIV, and HIV-positive pregnant women diagnosed and/or treated within Contractor's geographic area, as specified herein.

b. Follow-up pediatric HIV -exposed cases, per the HIV IAIDS Surveillance Manual of Operating Procedures, every six (6) months until the case has met the CDC surveillance definition of presumptively or definitely infected or uninfected, and update pediatlic case report forms and HIV/AIDS Reporting System (HARS) database in a timely manner (per HIV I AIDS Surveillance Manual of Operating Procedures, and CDC Enhanced Perinatal Surveillance Procedural Guidance).

c. Review every collected pediatric HIV case, at least once by August 31,2012, to identify AIDS-defining conditions and update registry (reference Texas HIV Surveillance Procedure Manual).

d. Abstract medical charts for pediatric case reports both at the birth hospital and at the mother's and infant's health provider's offices. Mail pediatric case report forms to DSHS weekly to the address noted below. Maintain an electronic list of negative Polymerase Chain Reaction (PCR) tests for infants, to include name oflaboratory and doctor ordering the test, and maintain copies of all reporting laboratory test results for pediatric cases. Assist DSHS staff, as directed, in the development of prevention plans and the implementation of prevention activities to reduce the perinatal transmission of HIV.

Mailing Address: Department of State Health Services TB/HIV/STD Epidemiology and Surveillance Group, MC 1873 P.O. Box 149347 Austin, TX 78714-9347

3. SYSTEM EVALUATION

a. Review and provide appropriate follow-up, as described in this Renewal Program Attachment, on all suspected pediatric HIV/AIDS cases, infants bam exposed to HIV, and HIV-positive pregnant women identified by DSHS Program's altemate record review systems (e.g., STD-MIS, TB Registry, etc.) in order to augment case

PROGRAM ATTACHMENT - Page 3

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ascertainment (reference Texas HIV Surveillance Procedure Manual) and evaluate the continued effectiveness of local surveillance efforts.

b. Track reporting by local sources (e.g., local health departments, private physicians, etc.) in order to monitor the level of compliance with federal and state legal reporting requirements and level of case ascertainment (reference Texas HIV Surveillance Procedure Manual).

c. Conduct prescribed weekly, monthly, quarterly and annual analyses to monitor trends in the data quality for pediatric cases, utilizing the I·IARS (reference Texas HIV Surveillance Procedure Manual for details on conducting analyses).

4. EPIDEMIOLOGIC INVESTIGATIONS

a. Perform a determination of the need for public health follow-up on all HIV -positive test results for pregnant women or infants born to HIV -positive women within three (3) business days of the receipt of the test results. If no clear determination can be made within the three (3) business days, the HIV test results should be sent to a Disease Iutervention Specialist (DIS) for investigation (as referenced in the Texas HIV Surveillance Procedure Manual).

b. Perform epidemiological follow-up on all pediatric No Reportable Risk (NRR) cases through active surveillance activities within 120 days of notification from DSHS.

c. Assist DSHS Program with other epidemiologic investigations, as directed by DSHS.

5. CONFIDENTIALITY

a. Store all case files and computer diskettes containing patient information in a locked file cabinet when not in use. The locked file cabinet and surveillance computer shall be kept in a locked room with limited, controlled access.

b. Utilize passwords to access computer databases contammg HIV/AIDS case data. Passwords shall be changed every ninety (90) days and known only to authorized surveillance personnel.

c. Limit the number of persons who have access to registry files to those persons directly involved in case reporting and to Contractor's HIV ISTD Program Manager in the geographic area (as defined herein).

d. Compile and maintain an up-to-date list of those persons who are authorized to access confidential data. The list shall contain only those members of Contractor's staff necessary to conduct the activities reqnired under this Renewal Program Attachment.

PROGRAM ATTACHMENT - Page 4

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e. Require a statement of confidentiality to be signed by all personnel, including IT, having access to HIV/AIDS case files, computer diskettes, and computer systems involving activities performed under this Renewal Program Attachment.

f. Within three (3) months of the effective date of this Renewal Program Attachment all personnel, including IT, who have access to HIV I AIDS casc files, computer diskettes and computer systems involving activities performed nnder this contract must have HIV surveillance security training, and must complete that training before they are given access to the confidential information.

g. Contractor may release demographic analyses of local data as public information as long as it complies with the DSHS Program Policy No. 302.001 "Release of HNIAIDS and STD Data" (http://www.dshs.state.tx.us/hivstcllpolicY/policies/302001.pdf). or any superseding policy as specified by DSHS, as well as state and federal law. Any release of demographic analyses of local data shall be submitted to DSHS Program in advance for review and approval.

h. When electronically transmitting case specific information, any transmission by Contractor that does not incorporate the use of an encryption package meeting Advanced Encryption Standards (AES) will not contain identifying information or use terms oveltly associated with HIV or AIDS. The terms "HIV" or "AIDS" must not appear anywhere in the context of the communication, including the sender anellor recipient address and label. Contractor will comply with federal Health Insurance Privacy and Portability Act (HIPPA) requirements at 45 CFR Part 164, Subpart C.

Contractor shall designate, from its staff, a Local Responsible Party (LRP) who has the overall responsibility for ensuring the security of the HlV ISTD confidential information maintained by Contractor as part of activities under this Renewal Program Attachment.

• The LRP will ensure that appropriate policies/procedures are in place for handling confidential information, for the release of confidential HIV ISTD data, and for the rapid response to suspected breaches of protocol and/or confidentiality. These policies and procedures mnst comply with DSHS policies and procedure (Contractor may choose to adopt those DSHS policies and procedures as its own).

• The LRP must ensure that security policies are reviewed periodically for efficacy, and that Contractor monitors evolving technology (e.g. new methods hackers are using to illegally access confidential data; new technologies for keeping confidential data protected from hacking) on an on-going basis to ensure that the program's data remain as secure as possible.

• The LRP must approve any Contractor staff requiring access to HIV ISTD confidential information. LRP will grant authorization to Contractor staff who have a work -related need (i.e. work under this contract) to view HIV ISTD confidential information.

• The LRP must maintain a list of authorized Contractor staff persons who have been granted

PROGRAM ATTACHMENT - Page 5

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permission to view and work with HIV/STD confidential information. The LRP will review the authorized user list 180 days from the effective date of this Renewal Program Attachment to ensure it is current. All Contractor staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it be updated once during the term of this Renewal Program Attachment.

• The LRP will ensure that all Contractor staff with access to confidential information will be trained on security policies and procedures before access to confidential information is granted and that this training will be renewed once during the term of this Renewal Program Attachment.

• The LRP will thoroughly and quickly investigate all suspected breaches of confidentiality in consultation with tbe DSHS LRP, all in compliance with the DSHS Program PolicyTB/HIV ISTD and Viral. Hepatitis Breach of Confidentiality Response Policy" http://www.dshs.state.tx.us/hivstd/policy/security.shtm.

Contractor shall perform all activities under this contract in accordance with this Renewal Program Attachment and any revisions, and detailed budget, all as approved by DSHS. Contractor must receive advance written approval from DSHS before varying from any of these requirements, and must notify all staff working on activities under this contract within fOlty-eight (48) hours ofDSHS approval of changes.

Contractor shall require its staff to attend training, conferences, and meetings as directed by DSHS Program.

Contractor shall document to DSHS that all project staff (i.e. working on activities under this contract) have received annual training on:

• Contractor's employee's standard of conduct; (Contractor shall submit these training documents to DSHS within fourteen (14) days of the effective date on the FYI2 Renewal Program Attachment); and

• DSHS security and confidentiality training course.

All newly hired staff must receive the above training within thirty (30) days of beginning work on this Renewal Program Attachment.

Contractor must notify the DSHS Program within forty-eight (48) hours of any personncl actions, including the details and outcome of such actions, involving project staff. A written report shall be snbmitted, to back up the oral report, within seventy-two (72) honrs. Such personnel actions iuclude, but are not limited to:

• counseling for misconduct regarding violations of personnel, project, state, ancJ/or federal policies, procedures, requirements, and laws;

• terminations (voluntary or involuntary); ancJ/or • employee grievances.

PROGRAM ATTACHMENT - Page 6

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DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below the contract amount, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds.

SECTION II. PERFORMANCE MEASURES:

The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Renewal Program Attachment, without waiving the enforceability of any of the other terms of the Contract.

Contractor shall:

1. Diligently work to ensure all new disease reports for pediatric cases received by Contractor as morbidity (non-fatal condition) are entered into the HIV/AIDS Reporting System within 24 hours of the receipt of the disease report. Any remaining reports shall be entered into the system with forty-eight (48) hours of receipt of the disease report. If data indicates that less than ninety percent (90%) of all new disease reports for pediatric cases received by Contractor as morbidity (non-fatal condition) are entered into the HIV I AIDS Reporting System within 24 hours of the receipt of the disease report, DSHS may (at its sole discretion) require additional measures to be taken by Contractor to improve that percentage. In that scenario, Contractor must follow those additional measures, and do so according to the timetable mandated by DSHS.

2. Diligently work to ensure transfer of collected perinatal and pediatric HIV I AIDS case information from their local HARS to DSHS Program weekly by the close of business each Friday, unless prior arrangements have been approved in advance by DSHS Program in writing. Contractor may send a written reqnest to DSHS Program to extend the timetable for transfen-ing data, which must be received in advance of the deadline at issue. Any such agreement shall be in writing and signed by both parties.

3. Diligently work to ensure the HIV I AIDS case reports for pregnant women and pediatric cases are complete with legitimate answers to the three (3) questions: 1) was patient informed of HIV status?; 2) were partner services needed?; and 3) are additional refelTal services needed? If data demonstrates that this requirement is being met less than eighty percent (80%) of the time, DSHS may (at its sole discretion) reqnire additional measures to be taken by Contractor to improve that percentage. In that scenario, Contractor must follow those additional measures, and do so according to the timetable mandated by DSHS.

4. Diligently work to ensure that, within three (3) business days of the receipt of HIV -positive test results for pregnant women and pediatric cases, Contractor makes a detennination of how the need for public health follow-up will be made. If no clear determination can be made within the three (3) business days, the HIV test results must be sent to a Disease Intervention

PROGRAM ATTACHMENT - Page 7

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Specialist (DIS) for investigation (as referenced in the HIV/AIDS Surveillance Manual of Operating Procedures). If data indicates that these requirements are being met less than ninety­five percent (95%) of the time, DSHS may (at its sole discretion) require additional measures to be taken by Contractor to improve that percentage. In that scenario, Contractor must follow those additional measures, and do so according to the timetable mandated by DSHS.

Contractor shall complete and submit quarterly activity reports to the DSHS HIV/AIDS Surveillance Coordinator, demonstrating Contractor's compliance with its obligations under this renewal. These reports shall be snbmitted to DSHS Program on the 20th calendar day of April 2012, July 2012 and October 2012, January 2013, in a format provided by DSHS Program.

SECTION III. SOLICITATION DOCUMENT:

Exempt - Interagency

SECTION IV. RENEW Al.S:

N/A

SECTION V. PAYMENT METHOD:

Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List.

SECTION VI. BILLING INSTRUCTIONS:

Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documeutation should be mailed or submitted by fax or electronic mail to the addresses/number below.

Claims Processing Unit, Mail Codel940 Texas Department of State Health Services

1100 West 491h Street PO Box 149347

Austin, TX 78714-9347

The fax number for submitting State of Texas Purchase Voucher (Fonn B-13) to the Claims Processing Unit is (512) 458-7442. The email [email protected].

SECTION VII. BUDGET:

Source of Funds: 93.944

PROGRAM ATTACHMENT - Page 8

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2012-040422-001

Categorical Budget:

PERSONNEL

FRINGE BENEFITS

TRAVEL

EQUIPMENT

SUPPLIES

CONTRACTUAL

OTHER

TOTAL DIRECT CHARGES

INDIRECT CHARGES

TOTAL

DSHS SHARE

CONTRACTOR SHARE

OTHER MATCH

Total reimbursements will not exceed $54,116.00

$34,625.80

$13,957.37

$1,459.75

$0.00

$320.08

$0.00

$30.00

$50,393.00

$3,723.00

$54,116.00

$54,116.00

$0.00

$0..00

Financial status reports are due: 04/30/2012,07/31/2012, 10/31/2012, 03/01/2013

The budgeted indirect cost amount is based an indirect cost rate agreement approved by a Federal cognizant agency or a state single audit-coordinating agency. A copy of the current approved rate agreement is on file at DSHS.

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DALLAS COUNTY HEALTH AND HUMAN SERVICES HIV Surveillance ~ Perinatal

Itemized Listing of Equipment and Other Items

~.E. r".N0·1 £A!~QORY .L .. __ [)EO~!I()",OF ITEM··J.9UANyNlfCOST .... .TOT~L.<:.OST ___ ..... ____ PURPoSE.&JUSTIF�C~TION _ .. ___ _ ._1 ::.:::.:rF'ersonn<>L...w~~rsonnel Salaries .... _._ ... .1._.1 .$ 34,625.80 .L .. :3±&25.80 Salaries for three e!11ployees ...... ___ . _ _ _ _. _ .. _

I_J=t~~~i~t=l~f~;;~i:::~inin~__==.=- .L~ .. i· ... ! ~1t.i~i~i .Ii! 1~:I~1il;=:{~~~ii;!~~E:g~r~~thno one Item t:~xceed $499-=====-=.1 5 < Equipment Del! Computer and Laptop 1 i $ 30.00 $ 30.00 ipostage

"'-6-' ·ISUlles---rotikeSUTIei-··"·----- .... '--1-rr 3,723.00i$ "3:723.00 'IndirectCost··--·-_·· .. ····-··-····-··· .... ··· ._ .................. -. - -

01 (0

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Date:

To:

From:

54

DALLAS COUNTY JUVENILE DEPARTMENTr;,Ll/,S CCIUNTY

-':"'lw.·,:Cl~!Ef(S COU~T

Henry Wade Juvenile Ju~ti1ltfEj9,t%M ?: 1'1J 2600 Lone Star Drive, BoxlB rJallas, Thxas 75212

MEMORANDUM

January 3, 2012

Commissioners Court

Dr. Terry S. Smith, Director

Dr. Terry S. Smith Director Juvenile Services

Chief Juvenile Probation Officer

Restoration of ~eduction In Force (RIF) position, and reclassification of position

Background of Issue:

The Dallas County Juvenile Board on November 28, 2011 approved the reclassification of the Grade D, Testing Coordinator position to that of a Grade E, Education Assessment Coordinator and of one assistant call1pus administrator pOSition to that of a campus administrator. During the Reduction in Force that occurred at the conclusion of the 2010-2011 school year, four assistant campus administrator positions (ACA) and three Campus Administrator pOSitions (CA) were eliminated because of funding limitations. Since additional funding has been received, District needs were reassessed. And, with district changes, promotion of one former ACA to Education Services administrator, a vacancy existed. Utilizing the RIF policy, one former ACA was reinstated to fill the ACA vacancy at the Day Reporting Center. This teaching position is now vacant; however a teaching candidate has been selected. The new administrative configuration at JOC will be one campus administrator and two assistant campus administrator positions. This change is necessary because of enrollment, administrative presence needed in the special education meetings Admission Review and Dismissal meetings (ARDs) and the increased necessity for teacher monitoring to ensure fidelity to a higher curriculum standard. Again, utilizing the RIF policy, one ACA will be reinstated to JDC and her teaching vacancy will be vacant, At the district level, a reclassification of a grade D position(Testing Coordinator) position to a grade E position (Testing Coordinator with additional ESL duties) to be named Education Assessment Coordinator is necessary. The grade E position is required so that testing coordination, data collection and ESL compliance is adhered to in a timely manner. The restored Campus Administrator position and the reclassification of a D position to an E position will be paid for with School Foundation Funds (SFF); TEA state aide.

Operations Impact:

The funding allocation is designed to improve the provisions of services to students who are entrusted in our care.

Strategic Plan Compliance:

This request complies with Vision 3: Dallas is safe, secure, and prepared, by expanding disposition alternatives with regard to treatment for youth/families involved in the juvenile justice system.

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

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

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Brie! Restoration oj Reduction In Force (RIF) position, and reclassification of position Page 2

legal Information:

The one position previously eliminated in the reduction in force position, that of campus administrator vacancy will be filled in accordance with Dallas County RIF policy.

Financial Impact / Considerations:

State aid will be utilized for the funding. The Campus Administrator position with benefits is $74,710 with no change in salary, just grade. The reclassification of the grade D position to a grade E position results in a 5% increase in the present salary ($47,771.76) for a difference of $2682.00.

~ .. ,,-,--.. ---[Rec I as~ify.!_p_ositi()I'l(~P!5ra~e)fr<J m' G !Grade D.(Monthly) as of 10/29/11 = $3

rade 0 to Grade E

,791.41 -"~" "" ~--" "" .--""--,,~-

,980.98 (includes 5% increase) Grade E.(Monthly) as of 10/29/11 = $3 ...... _. . .. -~

Grade D.(Annual) as of 10/29/11 = $45 ,496.92

Grade E.(Annual) as of 10/29/11 = $47 -- ------

l Salary Difference (Annual) = $2,274.84

I_S.."lary_D_iffe_r_e n_c_e _w /be n"f~ts.and...!" xes.

.... _ ..... __ •... _---_._- ._."--'" -Restore 1 CA position from Grade F to

------- -------- ------- -- ---

-----,-"'--_ ... ,771.76 (includes 5% increase)

" .~"''''.-.,-"--~---..

" .. --.~

(Annual) = $2,682.00 ... _--,--_ ....

Grade G

Grade F.(Monthly) as of 10/29/11 = $4 .467.05 (Current Salary) . _-

---"""'~

Grade G.(Monthly) as of 10/29/11 = $4 ,467.05 ----------------- ------,-,--------"'--"--,-

i Grade G (Annual) as of 10/29/11 = $53, 606 (Current Salary)

-""'"'""- -- .. -

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t~::~_i;_:_~~_:_L_~~~;:;w~:~"~~~" I wi," ""'"" I$;OO~ "'" beo'""';'_7_'._"_1_)_] -.--------1

I Salary Difference (Annually) = No change I N"; Increase in 5al~ry,Grade change"ONl..y--·"---···--·---"-L_____ _ ___ ,,_ __ ,.____" _________ , _________________________ ... ___ _

Performance Measure Impact:

There will be a positive impact on performance measures and compliance

Project Schedule/Implementation:

Positions will be filled in accordance with Dallas County hiring policies and in a timely manner.

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

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

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Brief Restoration of Reduction III Force (RtF) position, and reclassification of position Page 3

Recommendation:

It is recommended that the Dallas County Commissioners Court grant permission to fund the one Campus Administrator position. It is further recommended that the Dallas County Juvenile Board authorize the reclassification and funding of the one grade D position; to a grade E position and submit to the Dallas County Human Resources Department and Civil Service a request to add the positions noted above.

Recommended by:

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

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

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

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January 3, 2012

To: Commissioners Court

From: Richard Ballard, IT Applications Manager

Through Stanley Victrum, Chief Information Officer

Subject: Visual Studio 2010

BACKGROUND A lack of a standardized development platform is currently prohibiting the full utilization of .NET development tools. Due to changing technology needs a current standardized development platform will provide Dallas County IT with current tools which will allow for increased collaboration as well as full application lifecycle development management.

The Visual Studio 2010 development platform is Microsoft's most commonly recognized standard .NET development platform which consists of a complete development toolset utilized for present-day application development efforts.

OPERATIONAL IMPACT There is no operational impact.

STRATEGIC PLAN COMPLIANCE The approval to proceed with this initiative is consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL IMPACT There is no legal impact.

509 Main St., 6th Floor, Dalias, Texas 75202 Work (214) 653-6649

----=~----­Stanley. Victrum@[email protected]

Fax (214) 653-6327

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FINANCIAL IMPACT The estimated cost for this solution is $51,168 and service is available off ofthe DIR contract # DIR-SDD-IOI4. The funding is available in the Major Technology Fund, Unallocated Reserves account to be transferred to 195.1090.2095 (Computer Software) account.

MIWBE N/A

RECOMMENDATION The Office ofInformation Technology recommends that Commissioners Court approve the funding of$51,168 for the implementation of Visual Studio 2010.

Recommended by:

,CIO

Attachment

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Page 1 of2

DELL

Date: 11/15/11 3:23:15 PM

TOTAL QUOTE AMOUNT:

Product Subtotal:

Tax:

Shipping & Handling:

Shipping Method:

QUOTATION

QUOTE #: 603815918

Customer #: 105005860 Contract #: 58ABW

CustomerAgreement #: DIR 500-1014

Quote Date: 11/15/11

Customer Name: TX-L DALLAS COUNTY

$51,168,00

$51,168,00

$0.00

$0.00

Ground Total Number of System Groups:

SOFTWARE & ACCESSORIES

0

Product Quantity Unit Price Total VLA Microsoft Visual Studio Premium Edition with MSDN - License with Software Assurance

7 $3,729.36 $26,105.52 (A3BB9352)

VLA VISUAL STUDIO ULTIMATE WI MSDN LIe/SA ALL LANGUAGES (A3889519) 3 $8,134.40 $24,403.20

VLA Microsoft Visual Studio Team Explorer Everywhere - License with Software Assurance 3 $219.76 $659.28

(A3889553)

ELECTRONIC LICENSE CONFIRMATION elec dwnld only (A3458532) 1 $0.00

Number of S & A Items: 4 S&A Total Amount:

$51,168.00

SALES REP: Christopher Moore PHONE: 8882390329

Email Address: christopher [email protected] Phone Ext: 4335656

Please review this quote carefully. If complete and accurate, you may place your order online at www.dell.com/gto (use quote number above). POs and payments should be made to Dell Marketing L.P.

If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com/terms as follows:

If purchasing for your internal use, your order will be subject to Deli's Terms and Conditions of Sale-Direct including Deli's U.S. Return Policy, at www.dell.com/returnpolicy#total. If purchasing for resale, your order will be subject to Deli's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.com/partner. If your order includes services, visit www.dell.com/servicecontracts for service descriptions and terms.

$0.00

file://C:IUserslrwballardIAppDataILocalIMicrosoftIWindowsITemporary Internet FilesIC... 11116/2011

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Page 2 of2

Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800-433-9023. Please include your Customer Number.

For certain products shipped to end-users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.dell.com/assetrecoverv.

file://C:IUserslrwballardIAppDataILocalIMicrosoftl WindowslTcmporary Internet FilesIC... 11/16/2011

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DALLAS COUNTY PUBLIC WORKS

December 12, 20 II

MEMORANDUM

TO: Commissioners Court

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

61

II DEC I [; Mi 9: 15

SUBJECT: MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIP) FOR THE CITY OF SEAGOVILLE

BACKGROUND In the past 11 years under the leadership of the Commissioners Court, the MCIP Transportation Plan has proven to be an effective programming tool in delivering projects for Dallas County cities. In times of rising prices, tight budgets and expanding transportation challenges, the added flexibility of MCIP has continually helped keep abreast of the changing transportation climate. Additionally, over these years the MCIP process has produced and developed relationships with partner cities, and agencies such as TxDOT, NCTCOG, NTTA, and DART. Dallas County has earned the tmst to deliver projects, stimulate economic development, and serve as a valued partner by acting as lead coordinator in facilitating projects.

Dallas County Public Works implements the MCIP Program with the cities under a Master Agreement with each city as authorized by the Commissioners Court and the City Council. The usual agreement term is 10 years with most agreements requiring renewal in 2011 and later. Legislative changes over the past 11 years have also prompted Public Works to reissue master agreements with all participating cities to cover these changes.

The City of Dallas has requested to proceed with Executing the MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM in order to meet the requirements of implementing the Master Agreement prior to Project Specific Agreements for each project selected. Agreements from the following cities, Rowlett, Desoto, Cedar Hill, Lancaster, Wilmer, Coppell, Grand Prairie, Sachse, Mesquite, Glenn Heights, Irving, Hutchins, Farmers Branch, Richardson, Dallas, Balch Springs, Carrollton, Cockrell Hill and Duncanville have been briefed through Commissioner Court and were approved. Agreements from the following cities Addison, Garland, Grapevine, Highland Park, Lewisville, and Sunnyvale have been submitted to the cities for execution and are expected to be authorized by the Court in the near future.

FINANCIAL IMPACT By execution of the attached agreement, the Cities have agreed to participate on at least a fifty/fifty basis with Dallas County. The MASTER AGREEMENT specifies equal share of Standard Basic Infrastructure Design with city funding of amenities above and beyond the basic design. The MASTER AGREEMENT also covers areas and management of Extra Territorial Jurisdiction (ETJ) and Orphan Roads.

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

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Commissioners Court Page Two

DALLAS COUNTY STRATEGIC PLAN

62

The attached agreement is consistent with the Dallas County Strategic Plan in that the project will result in infrastructure improvements which can be credited to the following:

Vision 1 Dallas County is a model interagency Partner

Vision 3 Dallas County is sqfe, secure and prepared

Vision 4 Dallas County proactively addresses critical regional issues

Vision 5 Dallas County is the destination of choice for residents and business

IMPACT ON SCHEDULE AND OPERATIONS The MASTER AGREEMENT will clearly define County and City partnerships and roles. Once an MCIP project has been selected and approved by Commissioners Court a supplemental agreement will be implemented that will identify project specifics such as proposed alignment, scope, project teams and cost estimates. Additional, this MASTER AGREEMENT will serve as the umbrella agreement for the 6th Call For Projects which is anticipated to be implemented in 2012 and selected in 2013.

RECOMMENDATION If the Commissioners COUlt concur, a Court Order will also be PLACED ON THE FORMAL AGENDA authorizing the County Judge to formally execute the attached MASTER AGREEMENT with the City of Seagoville.

Approved By:

Attachments

mgt

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

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MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM

THIS MASTER AGREEMENT is made by and between the City/Town of Seagoville, Texas, hereinafter called "City" or "Town", and Dallas County, hereinafter called "County", acting by and through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter called Master Agreement, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan.

WITNESSETH

WHEREAS, pursuant to Court Order 2008-2207, dated November 18, 2008, County Commissioners Court approved participation in Transportation Major Capital Improvement Program within the cities inside Dallas County; and

WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal agreements; and

NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City/Town and County for the mutual consideration stated herein:

ARTICLE I. DEFINITIONS

The following definitions are incorporated into this agreement for all purposes.

A. AMENDMENT shall mean a written document executed by all parties detailing changes, additions or deletions in the Master Agreement.

B. AMENITY shall mean Project features not included in the Standard Basic Project Design including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other feature above and beyond the Standard Basic Project Design or any increase in capacity in excess of County determined requirements based on anticipated future traffic flow.

C. CITY/TOWN shall mean the City/Town of Seagoville, Dallas County, Texas.

D. CONTEXT SENSITIVE SOLUTIONS (CSS) is a collaborative, interdisciplinary approach that involves all stakeholders to develop a transportation facility that fits its physical' setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining safety and mobility. CSS is an approach that considers the total context within which a transportation improvement project will exist. CSS principles include the employment of early,

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continuous and meaningful involvement of the public and all stakeholders throughout the project development process. It is the intent of Dallas County Public Works Department to use the essential elements of CSS in all approaches to deliver the project. Some projects will dictate very intense use of CSS, while others will only use a few of the elements, but the County will always consider CSS.

E. COUNTY shall mean County of Dallas, State of Texas.

F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be identified specifically with a particular project or program cost objective. These costs generally include compensation of employees for the time devoted and identified specifically to the performance of the project or program, cost of materials acquired, consumed or expended specifically for the purpose of the project or program; equipment changes; damage claims and other approved capital expenditures; change orders; travel expenses incurred specifically to carry out the project including, but not limited to, design, right-of-way, road or street drainage, utility relocation and adjustment and construction. Direct Cost does not include. either City/Town or County general overhead.

G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this Master Agreement to become effective.

H. EXTRA TERRITORIAL JURISDICTION- (ETJ) shall mean the unincorporated area outside the incorporated boundaries of the municipality as determined in Chapter 42 of the Texas Government Code, as amended.

1. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a project from conception to completion as detailed in Exhibit A, attached hereto and as well as any additions or supplements thereto. The five phases of the project delivery system are planning, design, right of way, utility clearance, and construction.

J. FUNDING AGREEMENT shall mean the agreement between the County and a City/Town to establish a preliminary proposed budget for a project. As design is completed and the engineering estimate is refined, the funding agreement shall be incorporated into the Project Specific Agreement.

K. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot be readily identified with a particular final project or program cost objective. Their precise benefits to a specific project are often difficnlt or impossible to trace.

L. IN-HOUSE PROJECT DELIVERY COSTS shall mean all costs associated with the development of the Major Capital Improvement Program (MCIP) "Call for Projects", selection of projects, scoping of projects, project design, property acquisition and construction of projects. Cost Acconnting shall include but is not limited to employee time reimbursement, materials, equipment and other expenditures necessary for the management and continuation of the MCIP.

M. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between City/Town a~d County in accordance with Texas Government Code Chapter 791.

N. LEAD AGENCY shall mean that entity responsible for project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and construction unless otherwise designated.

O. MASTER AGREEMENT shall mean this document including all incorporated documents, attachments, and exhibits.

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P. MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which incorporates the results of the Preliminary Design Charrette.

Q. MULTI-MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply with the concepts in the 2005 SAFETEA-LU Act, any amendments, or any future federal transportation acts which increase safety, accessibility, flexibility, efficiency, and enhance the integration and connectivity of the transportation system, across and between modes throughout the County for motorized and non-motorized users.

R. ORPHAN ROADS shall mean all or part of a street or road right of way which are outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right of way. These roadway segments have, in effect, been "orphaned" by the abutting City/Town (or cities) that they serve in that they have been left unincorporated. Thus the County has primary responsibility for maintenance, operation, enforcement, police and/or emergency services within these unincorporated rights of way.

S. PARCEL OR PARCELS shall mean those portions or part of land and improvements located either wholly or partially thereon, identified by County, City/Town or other Stakeholder as required for light-of-way requirements of the Project. Such right-of-way shall include the existing street, road, drainage or other City/Town or County real property ownership and all additional real property to be utilized for the Project.

T. PRELIMINARY CONCEPT CHARRETTE (PCC) shall have the same meanings and purposes as the Preliminary Design Charrette, but be conducted very early in the design start, before substantial design is underway. The conditions for which a PCC is appropriate will be detennined by the lead agency, but will usually be a greater uncertainty of what the road improvement will involve, the purposes, varying contexts (e.g. Transit Oriented Development, Recreational Oriented Development, Industrial Oriented Development, etc.). Use of CSS will usually mean that a PCC will be conducted, since its use fits perfectly into CSS concepts. Other conditions encountered may dictate the use of a PCC, such as poor soils, presence of unconsolidated solid waste dumps, innovative integration of master planning with project delivery, unusual ROW challenges, budgetary constraints (thus calling for significant Value Engineering efforts), etc. The results of properly using a PCC will be that early consensus will be achieved on a basic approach to the project design and construction, thus avoiding wasted design funding and loss of momentum for project delivery.

U. PRELIMINARY DESIGN CHARRETTE (PDq shall mean a meeting of decision making stakeholders and other members of the project team for the purpose of discussing feasible design alternatives, forging strong consensus among all stakeholders for the selected alternative, and entering into a MOA for the overall estimate, alignment and scope of the project. The PDC will be scheduled when the preliminary design is complete or near completion. This means horizontal and vertical alignment alternatives have been designed, ROW requirements are at least approximately known for each alternative, and the design is 40% to 60% complete. The result of a PDC that is conducted with all the stakeholders present is that the strong consensus achieved will help assure the project is able to overcome any challenges with design completion, ROW acquisition, utility design and relocation, and finally, road construction.

V. PRO,TEeT MANAGER shall mean the person appointed by the Lead Agency who is assigned the plimary duty for assuring Project Team coordination and timely project delivery. There will be only one Project Manager assigned to a Project.

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w. PROJECT TEAM shall mean representatives from County, City/Town, and other Stakeholders as may be mutually agreed upon by County, City/Town and Stakeholders or otherwise with responsibility for delivering the completed Project.

X. PROJECT(S) shall mean the proposed thoroughfare and multi-modal connectivity improvements approved by the Commissioners Court for inclusion in the Transportation MCIP and approved by the City/Town.

Y. PROJECT DURATION shall mean the active life of the project. Project shall commence with the application for a project by the City/Town and acceptance by the Dallas County Commissioners Court. Project shall be considered complete when construction has been fully completed and the one year maintenance period has expired or the project has been terminated in accordance with Article IV of this Agreement.

Z. PROJECT SPECIFIC AGREEMENT or PROJECT SUPPLEMENTAL AGREEMENT (PSA) shall mean an agreement subsequent to this document which is entered into to establish the contractual rights and responsibilities of the City/Town and County as it relates to a particular Project. A PSA supersedes the MOA or Funding Agreements.

AA. RIGHT OF WAY (ROW) is a strip of land that is granted, through a ROW deed, an easement or other mechanism, for the Project. ROW shall mean that real property or property interest identified by County or City/Town, as necessary for the construction of the Project which shall include the existing street, road, drainage or other City/Town or County real property ownership and all additional real property to be utilized for the Project.

BB. SCOPING SHEETS shall be attached to each PSA. These sheets will set forth the design criteria to be used for the project, including the alignment, appropriate specifications, typical section and other parameters of the project. As project goals and needs are more clearly defined the Scoping Sheets shall be updated and revised by the project manager to reflect current construction goals.

CC. STANDARD BASIC PROJECT DESIGN shall mean the standard County-approved City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement marking, warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians, storage/turn lanes, access, required structural retaining walls and standard driveways exclnding road or street amenities, or snch design criteria as may be mutually agreed llpon in a project Scoping Sheets.

DD. TxDOT shall mean the Texas Department of Transportation.

EE. UTILITIES shall mean each City/Town utility, public utility, common carrier, governmental or quasi-governmental facility, fiber optic facility, or other facility located within the limits of the Project by virtue of Texas or Federal Law or agreement between the entity and the City/Town, County, or State ofT'exas.

FF. CITY/TOWN UTILITY shall mean those owned or operated by City/Town which requires relocation or adjustment for the purpose of the construction of the Project as identified by Project plans.

GG. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limits of any governmental entity.

HH. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding City/Town Utilities, whose facilities are located within a private easement.

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Il. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility's Facility adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any upgrading of the Utility's Facility above the standard practices, devices or materials, specified by the Utility and customarily used by City/Town or Utility on projects solely financed by City/Town or Utility. Provided, however, that any adjustments necessary to successfully accomplish the Project shall not be considered a Betterment, and further, that any increase in the capacity of the Utility Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by City/Town or Utility. This meaning shall apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN").

ARTICLE II. PERIOD OF THE AGREEMENT

This Master Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed (The "Effective Date"). This Master Agreement shall expire ten years from the Effective Date unless terminated in accordance with Article IV.

ARTICLE III. AMENDMENTS

This Master Agreement may be amended with the mutual consent of the City/Town and County. Any amendment must be in writing and approved by the parties' respective governing bodies through either a Court Order from Commissioners Court or a City/Town Council Resolution.

ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE

A. TERMINATION

a. This Master Agreement may be terminated by any of the following conditions:

l. By expiration oftenn ofthe agreement.

2. By either party, by notice in writing establishing the effective date of tennination to the other party as consequence of the party being in default of the provisions of this Agreement or any supplemental agreement or failure to timely provide funding, with proper allowances being made for circumstances. beyond the control of the defaulting party.

3. By either party with ninety days written notice to the other party.

b. Should either party telminate this Master Agreement as herein provided, all existing, fully executed supplemental agreements made under this Master Agreement shall not be terminated and shall automatically incorporate all the provisions of this Master Agreement.

c. In the event that any supplemental agreement is terminated prior to completion of the Project, no additional Costs shall be incurred other than Costs due and payable at the time of termination for services actually perfonned or that shall become due and payable due to such termination. The Lead Agency, to the extent pennitted, may terminate all project contracts,

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unless written notice is given by either party to the other of its intent to complete the Project, and prepare a final accounting for the Project.

d. If the Project is terminated by the City/Town prior to the award of any construction contract and the Project is located within the City/Town limits, City/Town shall pay to County the full amount expended by County on the project and County shall transfer to City/Town its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the Project. Such amount shall be due and payable in full ninety (90) days subsequent to the termination, or thirty days subsequent to delivery of final accounting.

e. Once the eonstlUction contract has been awarded by the governing' body of the Lead Agency, the PSA for that Project cannot be terminated until completion of the constlUction.

f. In the event that a Project is tenninated prior to the award of the constlUction contract, either party may, upon written notice, take over the project and prosecute the work to completion by contract or otherwise at its sole cost and expense. In the event that the party completing the work is not the Lead Agency, it is agreed that the Project Manager will fiJrnish to the Completing Party a listing of current records pertaining to any outstanding obligations or other records or information required by any project contract, including any Work Order, or requested in writing by Completing Party in either printed or electronic fOlmat or both. The Lead Agency agrees to cooperate with the Completing Party. The Lead Agency will use its best efforts to transfer to the Completing Party all contracts. Obligations under such contracts shall become the sole obligation of the Completing Party upon transfer. Completing party agrees to timely pay all future obligations under such contract as they become due and payable. Completing Party hereby releases the Lead Agency from any and all liability nnder such assigned contracts subsequent to date of transfer, effective upon the transfer date. Lead Agency shall exercise its best efforts to insure a transition of services without interruption.

Either party shall have the right to retain copies of all data, infonnation, engineering, studies, or other items produced to the date of tennination.

g. Provisions b through g of this section shall survive the termination of this Master Agreement and any PSA and shall be a continuing obligation until the transition of services, all payments made and the Projects are complete. All items listed or required in this provision shall be furnished by Lead Agency to Completing Party without additional cost or expense to completing party.

B. FORCE MAJEURE:

Neither County nor City/Town shall be deemed in violation of this Contract ifit is prevented from performing any of its obligations hereunder by reason of, for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the event of such an occurrence the time for performance of such obligations or duty shall be suspended until such time that such inability to perfonn, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in perfonnance to the other party within ten (10) days of the knowledge of such occurrence. Each party shall make all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV section B shall survive the tennination of this Master Agreement.

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ARTICLE V. LIABILITY FOR ACT AND OMISSIONS

Couuty and City/Town agree that both County and City/Town shall each be responsible for their own negligent acts or omissions or other tortuous conduct in the course of performance of this Master Agreement without waiving any sovereign or governmental immunity available to either County 01' City/Town under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. The provisions of this Article V shall survive the termination of this Master Agreement.

ARTICLE VI. LEAD AGENCY

A. Lead Agency shall be that entity which is responsible for the project from conception through to completion of construction. City/Town and County may choose for County to manage project through design and construction and for City/Town to acquire ROW.

B. In the event that the City/Town is Lead Agency the City/Town shall:

a. Provide project management and leadership from project selection to construction completion following the 5 Phase Project Delivery System as detailed in Exhibit A, attached hereto and as well as any additions or supplements thereto;

b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or Preliminary Design Charrettes and Neighborhood Public Workshops;

c. Acquire ROW necessary for project;

d. Enter into or obtain whatever agreements or permits necessary for project completion;

e. Provide County with opportunity for significant input in plan dcvelopmcnt and periodic progress reviews; and

f. Provide records for periodic auditing for either financial accounting or engineering accounting or both.

e. For City/Town-led projects in which the City/Town is considering to specify transportation infrastructure elements exceeding the Standard Basic Project Design criteria, County funding will only be eligible to the Standard Basic Project Design criteria unless the City/Town and County have arrived at mutual agreement through involvement of County during the initial design phases including the Design Partnering Kick-off Meeting and as necessary the Preliminary Concept Charrette and Preliminary Design Charrette meetings.

ARTICLE VII. CITY/TOWN COVENANTS AND AGREES AS FOLLOWS:

A. To execute with reasonable promptness the necessary agreements for the implementation of design and construction of the Projects mutually agreed upon and incorporated herein by PSA.

B. To provide City/Town Council Resolution adopting approved preferred alignment, proposed estimated budget, and commitment to meet Project funding for each milestone as specified herein or in the Funding Agreement and/or PSA.

C. To provide City/Town Council Resolution adopting the subdivision regulation in the ETJ as defined in Article XVII below.

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D, City/Town agrees to share the funding of each Project with County ()n an equal share basis of 50%/50% or as otherwise agreed cost sharing anangement as specified in a Funding Agreement and/or PSA with the following exclusions:

a, City/Town shall bear the entire cost of:

I, City/Town owned utilities relocation or adjustment such as water and sanitary sewer facilities, except utility adjustments directly attributable to storm sewer improvement conflicts; 2, Amenities including but not limited to street pavers, colored concrete, planters, decorative lighting, special signage, or any other feature over the Standard Basic Project Design;

3, Utility Bettemlents

4, Direct costs of City/Town which is fulfilling the role of Lead Agency, shall be totally funded by City/Town unless supported by a detailed hourly accounting system equal to County's accounting system,

5, City/Town Indirect Costs,

E. When mutual written agreement has been reached as to Projects' concepts, design elements and limits by County and CitylTown at the PDC, City/Town agrees to acquire ROW required for designated projects by voluntilly dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required ROW, City/Town agrees to fund ROW not acquired, but reasonably expected to be acquired, City/Town also agrees to fund the removal of improvements that are encroachments within existing or proposed ROW areas,

F. In the event of any proposed use of the Project ROW that will conflict with the proposed Project and City/Town is unable to obtain such ROW as described above, City/Town shall notify County of such conflict County and City/Town shall determine if the acquisition of the conflicting parcel would be in the best interest of the Project. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions,

Q, City/Town hereby grants the County authority to enter into eminent domain proceedings within the City/Town limits on each specific ROW alignment and/or project as approved by the City/Town and County,

H, To require all Utilities located within or using the present public ROW on all designated transpoliation projects within City's/Town's municipal limits to adjust and/or relocate said Utilities as required by the proposed improvement of the designated transportation Project City/Town Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth in this Master Agreement

L City/Town agrees to be cooperative on issues relating to billboards, adveliising signs, non­confonning uses, zoning and similar restrictions and to exercise its best efforts to provide vmiances when possible to minimize cost and delay of Project Additional Project cost caused or contributed to by City/Town ordinance, zoning, non-conforming use determination or other requirement shall be paid in fuIl by City/Town,

J, City/Town shall require the adjustment and/or relocation of Utilities to be accomplishcd and finalized, as expeditiously as possible after approval of final plans to prevent Project schedule

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delays. Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or relocated and the ROW clear for construction not later than thirty (30) days prior to the award of the construction contract. CitylTown will notify the County and other Stakeholders when utility conflicts would impact progress of the project completion. County and City/Town agree to work in partnership and with all Stakeholders to solve the problem; to include engaging elected officials in the problem resolution with the goal to prevent delays in the commencement or prosecution of construction on the Project.

K. Where planned roadway improvements (including, but not limited to storm drainage,) are in conflict with City/Town owned water and sanitary sewer systems, that could otherwise remain in place, the actual costs of the necessary adjustment of City/Town water and sewer utilities shall be pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City/Town shall be responsible for funding one hundred percent (100%) of any Betterment; as well as 100% of any relocation that is caused by City/Town installation during the Project Duration. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public ROW shall be the responsibility of the Utility Owner or of the City/Town Utility. Any Project delay or other damages caused by City/Town Utility failure to timely relocate or adjust the facility shall be at the entire cost of City/Town.

L. To provide for continuing surveillance and control ofROW"to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the existing or proposed ROW. In the event that the aforementioned features are allowed by City/Town to encroach on necessary ROW during the duration ofthe project, City/Town shall bear the entire cost of removal or relocation of said encroachment.

M. To provide to County for County's or County's designee's use, at no cost, adequate copies of all construction standards, codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other peliinent information as determined by County to be required for the completion of the Project. Additionally, City/Town shall furnish County, at no cost, such documents as necessary to keep all items previously furnished to County current.

N. Actively participate and provide authorized representation with decision making power at PCC and/or PDC, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships.

O. City/Town agrees to provide timely review of interim submittals. "Timely review" will be agreed upon during the PCC and/or PDC as a part of the Project schedule. City/Town further agrees that if no review notes are submitted by City/Town in writing to County on a timely basis, plans are approved as submitted.

P. When City/Town is Lead Agency City/Town agrees to allow forty-five days for County review of submittals and any comments shall be incorporated into final document.

Q. City/Town agrees that it will pay all additional project cost for any City/Town requested discretionary change, including, but not limited to Amenities and Utility Betterments, in or addition to the design or construction of the project subsequent to the Cityrrown opportunity to review the sixty five percent (65%) design plans.

R. Provide at City's/Town's cost for the continuing maintenance of all the Project ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction.

S. During the construction of the Project and after completion of the Project, City/Town will be responsible for the control, operation, police enforcement and/or emergency services, without cost or contribution from the County.

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T. After the completion of a Project and the one year maintenance period, the City/Town will be responsible for all future maintenance without cost or contribution from the County.

U. Bear the entire cost of design, construction and administration for landscaping, streetscaping, streetlighting, as such items are not included in the Standard Basic Project Design and other amenities specified or requested by City in excess of Standard Basic Project Design.

V. It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that the City/Town and County agree in writing that City/Town will manage and administer one or more Projects, City/Town and County will enter into a PSA as to that project(s). In such instance, City/Town agrees to assume all Lead Agency responsibilities except as may be set forth in the PSA as determined by mutual consent.

ARTICLE VIII. UTILITY IMPACTS.

A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the facility or make adjustments by reason of the widening or improvement of the designated project, the County (or City/Town if acting as the Lead Agency) will, after submission by utility company of ROW documentation and cost estimates acceptable to the City/Town, County and other Stakeholders, assign the actual costs for the relocation and/or adjustment of said utility to the Project.

B. In cases where a Utility in Public ROW, excluding City/Town Utilities, occupies any portion of the Project ROW by Texas or Federal Law or by agreement with the City/Town that allows or pemlits the City/Town to cause the relocation of the utility for the construction of the project, the City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to the project. In the event that the City/Town has no legal or contractual right to cause the relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project Cost. City/Town shall take all steps necessary to insure that such relocation or adjustment shall not conflict with or delay the Project schedule.

ARTICLE IX. COUNTY COVENANTS AND AGREES AS FOLLOWS:

A. To provide as a Project Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the City for approval, prior to proceeding with the final design and any right of way acquisition.

B. To provide as a Project Cost for the construction of transportation improvements based upon design criteria confonning to Standard Basic Project Design in conformity with applicable City ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed upon design standards as the basis for improvement crite11a. Deviations from mutually agreed upon application of City/Town standards and/or design critelia shall require prior approval of City/Town. Where City/Town standards do not exist, TxDOT standm-ds as of the Effective Date of this Master Agreement shall be utilized unless otherwise mutually agreed by PSA.

C. To actively participate and provide authorized representation at Predesign Charrette, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development and completion and fiduciary relationships.

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D. To provide project management of each Project where County is Lead Agency from commencement to completion of construction. City and County may further agree by mutual consent to redefine project management roles as beneficial to the Project as defined in the MOA and supplemental agreements.

E. Upon receipt of written request detailing the information requested, to provide information related to the Project to City/Town or City's/Town's designee at no cost to the City.

F. County agrees to provide review of interim submittals within forty-five days and hereby agrees that if no review notes are submitted by County (if City/Town is filling the role as Project Manager) in writing to City/Town, plans are approved as submitted.

G. To submit final engineering plans for review and written approval by City/Town at least thirty (30) days prior to advertising for construction.

H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary additional ROW, on designated projects, in accordance with minimum standard requirements and utilizing existing public ROW to the maximum extent possible as a Project cost.

I. To require all contractors to secure all necessary permits required by City/Town on said construction projects.

J. To furnish record drawings of construction plans for the permanent records of City/Town within twelve (12) montbs upon completion and acceptance of the transportation improvement Project.

K. To transfer the real property or property interest acquired by County and used for the Project to City/Town.

L. In the event County and City agree in writing that City will be the Lead Agency for the agreed upon Project, County will reimburse City for agreed costs as detailed in Article XIII. (Funding) in an amount not to exceed the Project cost as approved by Dallas County Commissioners Court and incorporated in the PSA. All County payments shall be in accordance with County Policies and Procedures or as may be mutually agreed between the parties and incorporated in a PSA.

ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDC), PRELIMINARY CONCEPT CHARRETTE (PCC)

A. City/Town and County, as specified in Articles VII and X, respectively, will designate officials or representatives to participate in a PCC and/or PDC to be conducted on a mutually agreeable date and location. At least part of this meeting will be conducted on the Project site.

B. Results from PCC will identify the general project scope, the basic approach and concepts to be taken with the project, the elements of CSS that will be included, and some ideas for alignments alternatives. Lead agency will already have been determined, and as well as project administration and management roles, to include the Project Manager. Key project team participants shall be introduced to stakeholders at the pec and or PDC. Results from the PDC will identify the prefelTed alignment of the project which all stakeholders can support and build momentum behind, and provide all stakeholders a commitment for project delivery schedules and project budgets.

ARTICLE XI. FISCAL FUNDING

Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of County funding for each item and obligation contained herein. City/Town shall have

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

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

A. ARTICLE XII. FUNDING

A. City/Town and County mutually agree to proportionately fund the Direct Project and Program costs as agreed by the parties in a PSA. Unless otherwise specified in the PSA, County shall bear fifty percent (50%) of fhe total Direct Project and Program costs excluding the Amenities, relocation or adjustment of City/Town Utilities, Utility Bettelment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified in this Master Agreement, Funding Agreement or any PSA. County shall not be responsible for any amount of funding in excess of the Project not-to-exceed amount as shown in the PSA. Unless otherwise specified in the PSA, City/Town shall bear fifty percentage (50%) of all Direct Project and Program costs. In addition, City/Town agrees to fund all other City cost as provided herein, including, but not limited to, Amenities, relocation or adjustment of City/Town Utilities, Utility Bettelment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified in this Master Agreement, Funding Agreement or any PSA.

B. Unless otherwise stated in a PSA, the milestones for each project shall be (I) preliminary and primary design (2) ROW acquisition and utility relocation or adjustment and (3) construction. The Lead Agency shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the Lead Agency will have sufficient funding available from current revenue for the timely payment of Project milestone costs. The Lead Agency may bill the other party for periodic payments for the actual amount of work completed toward the completion of the milestone. Upon completion of the milestone, the non­management party will be fumished a notice that such work has been completed and the amount of funding that may be utilized to pay subsequent milestone Project cost. Notwithstanding any other teml or condition contained herein or in any PSA, neither party will be required to award any contract until

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written certification has been received that funding has been placed in escrow or encumbered for the payment of the non-awarding party's portion of the Project cost.

C. In the event that the cost of the Project shall exceed the not-to-exceed amount, City/Town and County agree to either reduce the scope of construction or seek additional funding to complete the Project at the agreed upon cost share percentages. At the termination of the Project, the Lead Agency will do a final cost accounting of the Project. In the event that the amount paid by either party exceeds its portion of the actual cost, the difference will be remitted to such party. In the event that additional funds are due, the Lead Agency will bill the other party who agrees to pay such funds within thirty (30) days of receipt of such billing.

D. If City/Town elects to manage Project, County will reimburse City/Town based on invoices for actual costs expended as supported by documentation approved by County Auditor. Any and all supporting documentation required by County Auditor shall be included with invoice from City/Town.

E. Upon execution of a PSA, City/Town shall escrow an amount adequate for initial project costs which County may use to pay for initial professional services required for scoping, preliminary, and primary design.

F. City/Town and County shall enter into Funding Agreement and/or PSA to establish commitments as required for each project. Suggested timefrarnes for Funding Agreements, PSAs and/or any amendments are:

a. As soon as project accepted by Commissioners Court and as a result of the kick off partnering meeting, a Funding Agreement to establish Lead Agency for preliminary engineering and general funding responsibilities and procedures for reimbursement by Participating Agency; or

b. When the preliminary engineering plans are at 60% complete; or

c. After construction bids are opened amend the PSA as needed.

ARTICLE XIII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT.

It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to City/Town and County and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of City/Town and the County that any entity other than City/Town or the County receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement is intended only to set forth the contractual right and responsibilities of the agreement parties.

ARTICLE XIV. RIGHT OF ENTRY

The City/Town agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City/Town agrees to furnish such police or other City/Town personnel as requested by County for traffic control or other public safety matters at no cost to the Project or County.

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ARTICLE XV. LIST OF PROJECTS

City/Town agrees that it has been furnished with a list of the potential Projects as approved by the Dallas County Commissioners Courts, subject to the agreement between the parties of a PSA, City/Town stipulates and agrees that the Commissioners Court Order approving the projects identifies the potential Project location and describes the type of project in sufficient detail that the City/Town is fully aware ofthe location and type of projects being considered,

ARTICLE XVI. ORPHAN ROAD POLICY;

The County encourages all cities adjacent to orphan roads in the county to develop, commit to and submit a plan to the County for completing the annexation of the orphan road segments and assuming full responsibility for these roadways, In instances where two cities abut the same orphan road segment, the County encourages the two cities to jointly develop a plan of the annexation of that segment. The County offers its assistance to the cities in developing such plans,

A. The County, at the discretion of the Commissioners' Conrt, may give additional selection value to projects in cities that have submitted a specific plan for the annexation of orphan roads when the County selects, approves and schedules projects for funding in the County's major MCIP, Such preference may also be given in approving projects for road and bridge district participation (Type "B" work),

B. The County, at the discretion of the Commissioners Court, may also refuse to participate in discretionary projects, such as road and bridge district projects or MCIP projects, in a City/Town that elects not to pursue the annexation of orphan road segments that abut its boundaries, Failure to notify the County of the City's/Town's intent to annex and/or failure to submit a plan for annexation in a timely manner shall be construed by the County as the City's/Town's election not to pursue annexation.

C. The County, at the discretion of the Commissioners Court, may select specific orphan road segments for improvement when a City commits to annexation of the segment upon completion of the project. However, the specific plan for annexation of orphan roads submitted by the City/Town will not be limited to annexation upon completion of improvements by the County, The County improvements may be made as road and bridge projects or as MCIP projects (subject to other MCIP criteria including regional thoroughfare plan designation and City/Town cost participation,)

D, This policy application is prospective and projects selected by the County and approved by the Commissioners Court prior to the date of the adoption of this policy shall not be impacted by this policy,

E, The County shall provide written notification of the adoption of, and future revisions of, this policy to the cities abutting orphan road segments,

F, The provisions of this Aliicle XVI shall survive the tennination of this Master Agreement.

COrd, No. 2002-637; Ord. No 2006-1171)

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ARTICLE XVII. SUBDIVISION REGULATIONS IN THE EXTRA TERRITORIAL JURISDICTION

County and City/Town agree that City is the office that is authorized to: (I) accept plat applications for tracts of land located in the extraterritorial jurisdiction; (2) collect all applicable plat application fees; (3) provide applicants one response indicating approval or denial of the plat application; and (4) establishes a single set of consolidated and consistent regulations related to plats. subdivision construction plans, and subdivisions of land. The provisions of this Article XVII shall survive the telmination of this Master Agreement.

ARTICLE XVIII. MISCELLANEOUS GENERAL PROVISIONS

A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is expressly made subject to County's and City/Town's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State of Texas and Federa/laws.

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

C. Severability. If any provision of this Agreement shall be held invalid, void or unenforceable, the remailling provisions hereof shall not be affected or impaired, and such remaining provisions shall remaill in full force and effect.

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

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

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

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

H. Counterparts. This Agreement may be executed in mUltiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same inst!U111ent.

I. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in the United States Mail, postage prepaid, certified, returned receipt requested, or registered addressed as follows:

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To County:

78

County of Dallas Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas, Texas 75202-3389

To City/Town:City of Seagoville, Texas Director of Public Works 702 North Highway 175 Seagoville, Texas 75159

Either patiy may change its address for notice by giving the other patiy notice thereof

The City/Town of Seagoville, State of Texas, has executed the Agreement pursuant to duly authorized City/Town Council Resolution , Minutes ____ " " Dated the "_day of , 20 __ .

The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number" and passed on the __ day of , 20 ___ _

CITY OF SEAGOVILLE

BY

COUNTY OF DALLAS

BY Clay Lewis Jenkins, County Judge

STOFORM:

~?&v r n R. Hikel, Chief, Civil Division as County District Attomey

~By Jaw, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approvaJ 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 attomey(s),

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EXHIBIT A

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DEPARTMENT OF PUBLIC WORKS 411 ELM ST" 4TH FLOOR DALlAS, TEXAS 75202

PROJECT MANAGEMENT PRACTICES MANUAL

5 PHASE PROJECT DELIVERY SYSTEM

JULY 2009

I

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INTRODUCTION

The purpose of this manual is to provide a standard practice guide on project management practices within the Dallas County Public Works Department. It is meant to assure that a standard approach is used by all Project Managers (PMs) and other project team members in the delivery of County-led transportation projects. The guidelines are meant to meet the requirements and intent of the American Public Works Association's (APWA) publication entitled "The Public Works Management Practices Manual" (The Manual). The Manual contains 529 recommended practice statements that describe the critical elements necessary for a full-service public works agency to accomplish its mission. We estimate that about 300 statements apply to the missions of Dallas County Public Works Department. The practice statements "call for the development and implementation of a policy or procedure in the form of a rule, regulation, written directi ve, or for the execution of an activity, report, procedure or other action." This PMP manual is intended to fulfill that requirement and covers a number of practice statements. It begins with Practice Statement 10.8 "Project Management" in the Chapter 10, "Planning and Development." It also includes practices elements in a general sense from Chapters 11 "Engineering Design," Chapter 12 "Bid Process," Chapter I3 "Project Management," Chapter 14 "Right-of-Way Management," and Chapter 15 "Utility Coordination." OUf basic methodology is a strong matrix approach, so that OUf PMs are assigned from the time a planning initiative become a true approved project, to completion of the total project. We use the terminology found in the Project Management Institute's "A Guide to the Project Management Body of Knowledge" (PMBOK). This includes the definition of a "Matrix Organization" which we aspire to be. This definition is: "Any organization structure in which the project manager shares responsibility with the functional managers for assigning priorities and for directing the work of individuals assigned to the project." When we speak of a project matrix team, we are referring to a team led by an appointed PM who has team members from throughout the 4 functional divisions of Dallas County Public Works. These four divisions are Transportation and Planning, Property, Engineering & Construction, and Program & Engineering Management. The PMs are assigned to the Engineering and Construction division, but manage projects from cradle to completion. There is no hand-off between functional divisions.

This Practice Manual is purposely short. We desire to provide a guide to project delivery pnictices, not an exhaustive "how to" manual. Other Public Works Practices (all indexed to the APWA Practices Chapters and numbers) do provide more detailed instructions on the specific elements of project delivery. Our experience is that very thick manuals are not used as much as shorter guidelines that provide the boundaries of good practice and a standard approach on the essentials. We then empower our individual PMs to work within the guidelines, leveraging their own strengths (their "hedgehog" talents) to work the details in delivering their individual projects.

PHASE 1 .- PLANNING & PRELIMINARY DESIGN

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1. Transportation Planning disllibutes a "Call for Projects" to alI Dallas County cities. This is a process initiated every 2 to 3 years and involves pattnering with all the cites and stakeholders. The nomination period is open for 4-6 months before projects are submitted, usually in August of odd numbered years. Public Works will host a partnering workshop and

2

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include a luncheon in the middle of a meeting about 4 hours long. Various aspects of this Call for Projects Workshop and process will be adjusted based on input from city partners.

2. Planning Division will adjust the project selection criteria based on input from the cities, criteria that NCTCOG is using, and guidance from the County Commissioners. The final criteria and Call process will be briefed and approved by the Commissioners Court and a 5-signature letter will be used to transmit the Call to the cities. The amount of time for the nomination process will be adjusted based on feedback from the cities. This is to assure they have enough time to brief their elected officials, plan for inclusion of projects in city bond elections, and prioritize city capital spending. After the Planning Division assures all the information is submitted correctly (and assists some of the smaller city staffs in submissions), a matrix team of Public Works (PW) employees begins with an executeability analysis that precedes selection of projects for inclusion in the County's MCIP. The team, with Engineering & Construction, Planning, & Property people involved, provides assistance with risk assessments from various perspectives --feasibility, cost estimates, scope definition, political aspects, funding, technical issues, utilities, safety, environmental, and traffic factors, etc. Property Division team members examine Right-of-Way (ROW) & utilities, looking at feasibility, types of property involved, other significant factors, such as at- grade. railroad crossings, relocations, etc.

3. The Director and AD's meet with each Commissioner separately to go over the slate of nominated and analyzed projects in his/her Distlict. Google Earth or other technology is used to give the Commissioner a comprehensive look at the nominated project and its environs. The pros and cons of each project are discussed with each Commissioner taking their own approach to project selection. The technical gracling scores act as a common denominator to assure only effective projects are in the ballpark for selection. Public Works provides data on previous funding commitments, and percent of thoroughfare roads & population of each city, to help Conunissioners decide on the projects to be selected. Every project is placed into a Program Year (PY) (year slated for construction start), based on District and overall County MCIP cash flow projections. After briefing each Commissioner and the Judge, the updated spreadsheet called the "MCIP Transportation Funding Commitments" is presented in Briefing format in public forum to the Commissioners Court. The following week, a Court Order is submitted and the MCIP is then formally approved by the Court, with a 5 Signature Court Order.

4. The MClP has been formulated on the premise that legal agreements should reflect the nature and character of the program. Eqnal funding partnerships, matrix Project Management, Context Sensitive Solutions methods of project delivery, and partnering principles applied in every phase of project delivery are the essential elements ofthe MCIP. The time it takes for getting inter-local agreements approved should never be on the critical path of project delivery. Therefore much effort has been expended between the Civil DA legal staff and Public Works staff to formulate a "Master Agreement Governing Transportation Major Capital Improvement Projects." This MCIP Master Agreement has been signed by 26 Dallas County cities with approved projects and serves as the legal basis for partnerships between the various cities and Dallas County. It will be renewed every 10 years. Later during project design, enough information will be known to forge a Project Supplemental Agreement (PSA) that details the specifics of that particular project. None of the basic elements of a city­county legal agreement have to be repeated in the PSA, thus simplifying the process and time involved.

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5. A kickoff meeting is next held with each of the City Partners who have projects selected. This key meeting sets the basic parameters for each of the projects, such as cash flow requirements for each partner, who the lead agency for project delivery will be, agreed upon technical criteria, known risks, roles for each stakeholder, etc., all focused on assuring timely project delivery and moving the project into construction during the selected PY. Ifthere is a great deal of uncertainty associated with the project (e.g. part of some economic development such as transit oriented development, or part of brown field development, or other significant environmental challenges, or a very significant change in planned use of an area in the future, e.g. industrial changing to mixed use, etc), then the lead agency may conduct a Planning Charretie. The purpose of this meeting with all significant stakeholders is to determine the beginning scope and the realm of possible approaches. Serious design cannot begin until there is stakeholder agreement on a relati vely reasonable set of altemati ves, which bear some relationship to the scope of funding currently available. Partnering relationships will also be established at this Charrette which should be sustained throughout the life of the project.

6. Public Works commits to using Partnering Principles of Trust, Commitment, an,d Shared Vision in addition to Best Practices of Project Management Principles throughout the life of the project. Each City is invited to use the same principle-centered teamwork as we work together to deliver the selected projects. This partnering approach is also an integral part of Context Sensitive Solutions (CSS), a design methodology that involves early and continuous involvement of all stakeholders.

7. For every project that the city and county stakeholders agree to assign Dallas County as the Lead Agent, a Project Manager (PM) will be assigned by the Assistant Director of Engineering and Construction. In addition the Assistant Directorin consultation with the PM and other Assistant Directors and PW Business Unit leaders, will identify matrix team members for the project.

8. An initial Project Funding & Execution Status (PFES) and Program Management and Planning Status (PMAPS) form will be developed by the PM for each project in coordination with the PEMD & the AD, Engineering & Construction. Each business unit leader will review PFES and PMAP in order to provide an adequate workforce for each project, and assure team members assignments are balanced.

9. Decision on use of Subsurface Utility Engineering (SUE) will be made before initiating design. In the analysis of candidate projects, utility relocation risks will have been identified. When these risks are high (the usual situation), then funding will be planned in the design

for SUE efforts. PW now has in place an IDIQ cqntract for quick implementation of SUE consultant efforts. Utility partnering efforts include initiatives for joint efforts wherever feasible. This information will be critical for designers to use as they launch the design. Total integration of the SUE methodology will help assure that ALL utility impacts are considered in every phase of project delivery.

STEP TWO, PRELIMINARY DESIGN " I I 1--+-+-,1 ; I I " I I I I ; I I i I_I I I I I I I I I I I r 1 ( ! t I \ I"

l. A systematic decision process as part of the Public Works Business Operating Plans (PWBOP) updating is done to detennine which design efforts will be completed with in­house designers and which will be done by consultants. For consultant selection, a rigorous and systematic process will be used to select the best qualified consultants for each project. An initial contract will be signed with a best qualified consultant to perform the entire preliminary design, or participate as a Preliminary Design liaison, trainer, or expert to advise

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an in-house design force for the project. As much as possible, an Indefinite Delivery, Indefinite Quantity (IDIQ) methodology will be used 10 help assure inordinate amounts of lime are not used in the best qualified selection process required by state law, City partners will be given the opportunity to provide input to the County in the consultant selection process,

2, County, city, or joint team of in-house designers or selected consultant firm begins .initial design efforts under the leadership of the PM, This design effort will be initiated fonnally with a Design Partnering Workshop, The PM will assure all significant stakeholders are invited and commit to attend & participate, The meeting will be designed to assure all stakeholders are committed to a smooth and strong start to design, that all the vital stakeholders are involved early, and that progress meetings are scheduled on a regular basis, This will involve commitments by the design team (consultant or in-house) and by the city and county people involved in design approval, Goals include committing to resolve alignment issues early in the design process, In some circumstances, a feasibility study may be required to compare & contrast different alternatives before real design can begin, Estimated ROW takes, utility impacts, and environmental affects for each alternative may need to be reported before stakeholders decide on a preferred alternative for preliminary design, The design partnering meeting will be held over a lunch hour and include a 50%-50% cost shared, modest lunch,

3, CSS methodology will continue to be used, stressing total stakeholder involvement, throughout the project delivery process, Task Force and Matrix Team meetings will be scheduled in order to assure effecti ve teamwork, The Institute of Transportation Engineers (ITE) manual "Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities" will be used as an overall design guide,

4, When a consultant is used as the design agent, a contract will be negotiated for the preliminary design only, unless the project is relatively simple and the final solutions are not in question, The idea is to avoid protracted negotiations on the total scope and fee, when many of the factors influencing final design consideration are not yet known, An amendment to the contract for completion of the Primary Design can be negotiated after Preliminary Design is nearing completion, At this time, the unknowns should be relatively few and the scope negotiation much easier to navigate, The decision to amend the contract for completion of the Plimary Design will be made after an interim evaluation is completed using the County's consultant evaluation system, Every effort will be made to assure a seamless design process, without interruptions by prolonged negotiations in signing the Primary Design amendment to the contract

5, A Preliminary Design Charrette (PDC) will be planned by the Project Manager who will lead the execution with all stakeholders (Cities, utilities, County, any private parties or other decision-makers), The scope of invitees to the PDC will be dependent upon project complexity and number of unknowns, The goal of the PDC is to build consensus and support behind the project and alignment altemative that is finally selected by the stakeholders. Many projects have been derailed by lack of support when opposition arises, A great effort will be made to assure attendance of all the key players, This consensus building effort is an integral part of any CSS approach to design, The Director and Assistant Directors will be personally involved and the PM will make special efforts to assure political leaders have the meeting on their calendars and plan to attend, or at least have a clear invitation, In addition, by name individual contacts will have to be made to assure utility company representatives attend, since key alignment decisions will be made that can affect,

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or be affected by, probable utility locations. If applicable, the PDC will include an orientation walk-thru of the project site, which includes right of way assessment The PM will highlight specific City zoning and other ROW requirements, or ask the city partner to highlight these.

6. As part of the CSS approach, a Public Involvement (PI) strategy will be forged under the leadership of the PM, and the advisement of the PW Transportation & Planning Division (T&P} T&P will attain and maintain a PI center of expertise and advise PMs on various techniques and methods to use to best involve the public and other stakeholders. Public Works will use innovative methods in coordination with our cities, such as workshop/small group formats, inviting outside consultants, etc. City methods & approaches will always be respected and adhered to in this area.

7. Phase I ends with approval of the Preliminary Design Report, Preliminary AlignmentiProfile and Preliminary Sizing of bridges and drainage structures along with S.UE determination, Preliminary Survey Report, and Preliminary Utility Investigation Report

So The design firm or in-house design team will have begun necessary permitting and environmental assessments. Basically the level of effort will approximate that required of the Preliminary Schematic and Environmental Assessment Phase that currently is required on the TxDOT STP/MM projects.

9. Roadway plans are estimated to be 60-65% complete at the end of Preliminary Design. Phase.

PHASE 2 .- PRIMARY DESIGN

~~tt., •• ,,~t'II>~~~},~ •• &~{\'i'".~.'.""+' ••• f'~~~"t'!l<l' •• ~.@M~"~.~~M~~ii*~~~i)~i); L The initial task is negotiation of an amendment to the preliminary design contract with

consultant for Primary Design, or if that is not successful, assignment of the work to an in­house design tearn.

2. The Scope of Work should now be well defined by all Phase 1 efforts and includes geotechnical investigations, utility analyses (including application of all the S.UE data derived .in Phase 1), constructability review, environmental analysis, neighborhood public workshops, traffic information approval, estimated ROW parcels, & integration of context sensitive solution elements.

3. Part of negotiations both with in-house design teams and consultants includes definitive delivery dates for various deliverables, phases, and reviews. All commitments made during the Design Partnering meeting and follow-on Task Force meetings will be honored, by all stakeholders. In paying submitted invoices for progress during the design period, earned value analysis concepts will be used to track cost and schedule progress. We DO NOT make 'cost plus' assumptions about consultant's work efforts. Since our 2-phase negotiation system allows for better scope definition, the instances of misunderstanding on true project scope are reduced.

4. Consultant or In-house Design Team works closely with all stakeholders -- under the guidance and direction of the County PM, in a partnering mode. The lead designer is the Technical Manager at this point in the process, and is always under the matrix leadership of the PM. Any available intemet or intrane! based Project Management tools, including extranets, will be

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used to optimal effect during the life of the project. When one of our IDIQ consultants is hired (survey, miscellaneous design, SUE or materials testing) we will work with them using partnering concepts and treat them as members of the Public Works team. Also, the design firm for water and/or wastewater services will be integrated, and wherever possible, we will attempt to assure the design consultant for the transportation project is also selected by our city partner to design the municipal utility improvements. We will expect any of our consultant partners to become familiar with the elements of our 5-Phase project delivery system and to commit to the precepts of design partnering ..

5. Traffic and utilities data will be considered in design, with data from partner city, County, NCTCOG, TxDOT, or consultant. Agreed upon level of S. U.E. will be key input into design details, and utilities partnering imperatives will be used throughout the design and construction phases.

6. Any required environmental impact analysis will be completed during phase 2. Common sense will be used to address significant issues without wasting time on clearly unimportant areas. The goal is to execute environmentally sustainable transportation infrastructure that improves the overall quality of life of our joint customers, the transportation users and citizens of Dallas County and our cities.

7. Right of Way (ROW) documents will be finalized, with quality controlled by the consultant or in-house design team. The Quality Assurance (QA) function will be completed by both the PM and the Property Division in a smoothly coordinated manner, using pre-coordinated checklists. At the appropriate time, the documents will be delivered to Property Division, but the PM still retains overall responsibility for timely project delivery. Early involvement on ROW issues, including utility relocation aspects (such as getting possible Rights of Entry for utility relocation) is critical for success. Early provision of final and accurate ROW documents will be a critical milestone of the design contract.

8. Design Consultant or In-house Design Team completes work on provided schedule, keeping all the commitments made during the Design Partnering Meeting and the Preliminary Design Charrette. Consultants and/or In-house Design Team are expected to assure that they accomplish "muddy boots" design with true "eyes-on" the total project site. The project should have been walked several times by the time the design is complete. Most underground utilities have above ground markings, which are often overlooked until construction. In design review, we will avoid lengthy rounds of passing designs back and forth, in favor of "over-the-shoulder" reviews, as required to meet design completion timelines. These will include city and other interested stakeholders under the orchestration of the PM.

9. The PM completes an interim evaluation of the design consultant. Special note will be taken of the consultant's system for assuring QC of all design effort including ROW documents. After construction is complete, the PM performs a final consultant evaluation, using our standard evaluation system contained in the contract. The consultant is given an opportunity to evaluate the County's project management process as well.

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PHASE 3 - DESIGN COMPLETION & RIGHT-OF·WAY INITIATION

1. Begins with the delivery of the initial, unsealed ROW documents to the County by the consultant. Consultants will first bring a few ROW documents for review by the PM and Property Division team members, to assure they fully understand the details and level of Quality Control we expect in their submittals. Standards and scheduling will be clearly spelled out in writing within Consultant's contract. Deliverables will include ROW maps and deed records.

2. Consultant is required by contract to submit property owner deeds along with right of way maps which have received an internal quality control process. The PM assures utility representatives are informed of the project and all know utilities are shown on the plans. Diligent efforts will be made to assure that all private or public utility easements are identified on the maps and plans as required in Consultant Contract. All the SUE efforts should be included in the design documents.

3. The PM, still leading project delivery, assures the County or City ROW Functional Manager works to assure efficient execution of ROW planning and acquisition services, as part of the Project Matrix Team. The Property Division will manage the ROW Services IDIQ contract, if this delivery tool is used. Before writing a work order for the ROW services IDIQ, the Property Division Chief will meet with the Chief of Engineering & Construction and the PM, to assure adequate project budget is available for the added cost of procuring ROW services.

4. The PM monitors and tracks progress, helping to resolve issues as they develop. He/she, keeps all stakeholders infonned, using e-tools and networking. Any available internet-based Project Management tools, including extranets, as well as intranets will be used to optimal effect during the life of the project.

5. Consultants or In-house Design Team are to avoid taking ROW that is not absolutely necessary to the construction of the project by performing a Preliminary Design/Right of Way Review Board. The PM uses his/her Matrix Team to minimize the ROW takings and assures appropriate leadership to assure project delivery dates are met.

6. Consultant will make minor changes resulting from property owner requests or other changes that arise naturally in ROW negotiations.

7. As required, the Project Manager will be prepared for expert testimony at any Eminent Domain hearings.

8. The PM decides, in consultation with other stakeholders and early enough to preclude re-work by consultant, the packaging of the Plans, Specs & Estimates (PS&E) package for the construction bidding purposes. The PM will use the Standard Practices of the Public Works Department as the guide, with the precise formats being customized to the type of project involved. Each city partner may have specific requirements, or if the project is a local-let of a federalized project, federal provisions will be included, as per TxDOT guidance.

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PHASE 4 - ROW Completion & Utility Adjustment

1. ROW acquisition is camed to completion, again under the active project management and leadership of the PM, with proactive activity of the ROW acquisition team. If the city or another partner such as TxDOT is the ROW acquisition agency, the PM will still track carefully the progress and proactively lead efforts to remove obstacles, etc. to kcep progress on schedule.

2. The PM will use partnering principles as well as results of S. U.E. to assure utility adjustments are accomplished in time to keep scheduled project advertisement and contract award dates. The elements of Public Works Practice (PWP) 15.1, "Utilities Coordination" will be used as the guide. These principles are based on successful pattnering efforts for over 10 years with major utility providers (including the UPRR). The PM will assure the attached Essential Elements of Utility Partnedng and GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS AND UPRR is proactively used by all matrix team members.

3. The Project Manager tracks and resolves issues and work schedules, using the Matrix Team to proactively lead efforts to remove obstacles of acquisition and utilities relocation to ensure project schedule. As a matter of standard procedure, the use of utilities Rights of Entry (ROE) will be explored on every project. When conditions are there, we will use the ROE as a way to take the utility adjustment time off the project critical path. R&B forces may be needed to clear trees from the new ROW or to move fencing, and will be procured through requests to the Commissioner involved.

4. The City works as part of Matrix Team to expedite utility relocations. Many times, franchise utilities have relationships based on franchise utility agreements with cities that can be used beneficially to secure cooperation. Monthly Task Force meetings are initiated during this phase to assure early and frequent communication with all stakeholders. All team members are to proactively partner with the utilities and facilitate their relocation. Departmental policy is 0 R R (Zero Relocation of Relocations). The practices of PWP 15.1 "Utilities Coordination" will be used by all PMs. This includes use of the Utilities Special Work Assistance Team (U-SWAT) to help resolve tough utility challenges in a timely manner. The U-SW AT team is a resource for the PM and does not relieve him/her of the necessity for close team work, involvement & leadership during the utilities phase of the project. We regat'd the project as "in construction" during the time our utilities partners are operating in our ROW, relocating their utilities. We work hard to assure that all franchise utilities are relocated in a manner that is safe and will not impact our road construction (e.g. from improper backfill of their trenches, conflict with stonn sewers, conflicts with water or sanitary sewer lines, bridge abutments, inlets, etc).

5. An Advertising Risk Assessment (ARA) is completed prior to engaging the Purchasing Department in advertising the project for construction bids. Advertising is not issued until all utilities are within a reasonable and confirmable clearance date. A deliberate decision will be made on how many days from bid opening until contract award, and how many days from contract award until the Work Order (notice to proceed) is given. Work Order dates will not be projected to occur BEFORE high assurance that all known utilities will have been relocated. A second important function of the ARA is to ascertain all the funding commitments, to update

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the PFES to include all funds already expended, and to calculate an up-to-date construction estimate, called a Current Working Estimate (CWE). All of the above actions will be coordinated and finalized at a meeting scheduled and run by the PM with the Director, Assistant Director and a city partner representatives in attendance. This meeting will be scheduled as one of the critical milestones for the project.

6. The PM will assure designers (in-house or consultant) will be kept on-call for projects if required to complete requested Engineering During Construction (EDC) services, such as shop drawing submittal review and consultation on design intent, assumptions, etc. The intent is to retain the best part of the tremendous energy, effort and focus that the consultant or in-house design team has just expended in designing the project.

PHASE 5 -- CONSTRUCTION

\1! !1*.\."" it#.J,l.'4i'i)~.'~~~5~.t.*'~+.'.t".tf~.~~<t't,*.~~i;,\ltit"~11,\~ •• t ~'f.t!~~'~fl $~.!f;!~.{f~$ STEP ONE CONSTRUCTION

1. The PM does all the work to advertise the project and works with the County Purchasing Department for bid opening. A 100% design completion CWE will be completed by the PM and will be used as the fair-cost government estimate for construction bidding purposes.

2. The PM leads the execution of the Project Supplemental Agreement (PSA) with each Partner giving approval of final funding on a timely basis. An updated PFES will be needed at this time. Project Manager prepares Court Briefing Memo and Court Order to award the construction contract as well as the PSA. (Note: on some projects with complicated design phases, the PSA may be signed earlier, during Phase 2).

3. The PM completes all the work for construction contract award. PM works with all partners to assure a logical and timely notice to proceed is given. This order to begin work and the contract time period will be based on status of utility relocations, any city requirements, etc.

4. The PM will plan, schedule and execute the Construction Partnering and Pre-Construction Meeting with key stakeholders in attendance. The PM will schedule for attendance and participation the Director and Assistant Director for E&C. Careful pre-planning ensures the attendance of the right stakeholders and staff. In Dallas County PW, we will normally facilitate our own Partne11ng meetings since we have the expertise and experience to accomplish this without hiring specialized consultants. Costs for a modest lunch will be shared 50%-50% between the county and the contractor.

5. The PM leads throughout the construction phase. The PM assures partnering principles and spirit of Partnering (Trust, Commitment, and Shared Vision) are maintained throughout the project construction phase. The PM establishes a regUlar day and time each week for the weekly construction meeting in the field. The PM assures constant communication with customers and other project stakeholders, including especially the people and businesses who are located along the road being improved orbuilt.. This may include a construction oriented Public Information Neighborhood Meeting, as well as periodic project newsletters, notices of key construction events or phasing, progress postings on city web-sites, meeting with neighborhood interests (property owners, schools, churches, businesses, etc). We are interested in not only achieving a high quality end-product, but also in delivering the project in a user-friendly manner. This is all part of total Context Sensitive Solutions project delivery.

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STEP TWO- PROJECT CLOSE OUT I: ! I ! I I I I I I I I I I I ; III I I I I I I I I : I I I........., I I I I )I

1. The PM assures final estimate is paid to Contractor on a timely basis. The Contractor may have to be persuaded to close out the project, or the County may take unilateral action to close out, if it is in our best interests

2. The PM completes the final Evaluation on the Contractor, using interim evaluation results (if one was done), and perfonnance during the entire contract period. The Contractor evaluates Dallas County Public Works (on a voluntary basis).

3. The PM assures that as-built plans are provided for the ultimate owner from marked-up construction plans.

4. PM works with the Public Works Program & Engineering Management Division (PEMD) to assure total project costs are finalized, a final PEFS is completed and Program Management is able to disencumber any remaining funds to be put back into the MCIP fund.

5. The PM assures city is invoiced for their remaining portion of the total project costs.

6. The PM formally turns the project over to the City by letter citing the date of return to City for maintenance.

7. PM plans an ARR to capture lessons learned and celebrate project completion with all involved in project delivery from design to construction completion.

8. PM conduets one year Maintenance Bond Inspection in conjunction with all applicable stakeholders, assuring all corrections, repairs, etc are completed.

9. The PM completes closes out the project including conduction an After Action Review to assure lessons learned are shared within the Dept and city.

Dallas County Project Delivery Team's

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EssentialElements of Utility Partnering

1. Know the utilities' customers and remember that we have the same customers.

2. Make utilities move ouly if absolutely necessary to achieve the project purpose.

3. Move only once if the move is, in fact, essential.

4. Get involved with actual field reconnaissance early. Include and engage Project Representatives or Constructibility personnel very early.

5. Get the acquiring agency's Right of Way personnel involved early.

6. Schedule initial Utility Partnering Conference early. Make partnering the theme and the first topic. Do it on the jobsite to increase the effectiveness.

7. Involve and Invite Utility representatives to Neighborhood or Public Meetings.

8. Distribute roadway plans early to get started with the utility planning.

9. Coordinate with all utilities to ensure that one has no negative impact on another. Coordination should ensure that enough right of way is acquired to accommodate all of the facilities.

10. When plans are changed, get them to utility companies promptly. Provide a list of changes for our partners.

II. Communicate with utilities frequently to ensure knowledge of changing personnel and appropriate contact person.

12. Review lltility company's plans, comment on plans and implement the coordination long before fieldwork needs to begin.

13. Do not begin implementing a project schedule without total feedback from all companies.

14. Identify the precise sequence of relocations that need to occur. Many companies are predecessors of other companies' relocations. Communicate this seqnence to all utilities and other stakeholders. Ensure that the sequence is streamlined as much as possible.

15. One way of ensuring the streamlining of the sequence is web-based notification when each company is complete or is scheduled to be complete. Scheduling is as important as the sequence.

16. Consider that seasonal shutdown restrictions will have significant and adverse schedule impacts, sometirues up to one yeru·. Also consider that certain times of day are restricted from utility relocation. In addition, develop procedures for emergency situations and learn the appropriate "windows of opportunity" for change-overs, etc.

17. Share accurate information with all companies & see that they share infonnation with each other.

18. Communicate the need to follow City Ordinances, particularly those relating to traffic control, backfill and pavement restoration. Traffic control plan must be filed and approved.

19. Insure that the companies have measures for handling complaints about their work and that they do not inconvenience our

mutual customers more than is absolutely essential. Remember, 0 R R !!

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GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS

BETWEEN LOCAL GOVERNMENTS AND UPRR

• Start Early Coordination - Set up a meeting with UPRR local representative Steve Marchenke to share project selection lists, to ascertain projects with UPRR impacts. Then on impacted projects, share preliminary designs, invite UPRR to early meetings, such as stakeholder preliminary design charrettes, public workshops, etc.

• Workout precisely the location of railroad project impacts, before contacting UPRR. This speeds the coordination process greatly. Use MAPS CO location, subdivision, and RR Mile Post where ever possible

• Use the UPRR.com website for a wealth of information, maps, etc. This can save time in answering questions and can provide much infonnation about UPRR, including points of contact, e-mail and telephone infonnation, instructions, applications, specifications, DOT crossing infonnation, pelmit requirements, ROW agreements, etc. Very, very valuable. Our in-house or consultant designers need to explore this web-site before launching road design whenever there is going to be a RR crossing. Procedures and responsibilities are clearly laid out, as are design guidelines and specifications. Avoid nasty surprises that can impact project costs if not budgeted.

o Expect the UPRR owned ROW to contain many other utilities (telecommunications, power, pipelines, etc), that you will have to pay to relocate. These are private easements the utilities have paid for and the project will have to bear the costs of relocation. UPRR is a good source of information on the potential conflicts that you will encounter. Budgeting accurately for these costs will avoid nasty surprises later.

• Do not even think about changing Exhibit B of the standard agreement. UPRR has agreements to work out in 23 states, and their lawyers are very vigilant to watch for precedents that might bind UP elsewhere. Work on win-wins in the body of the agreement.

• A void adversarial actions and relationships, instead try the partnering approach. UPRR will respond in-kind. They desire to maintain integrity in relations with all their communities. Do not presume upon them (e.g., impossible responses on coordination that you failed to start timely, making demands they cannot meet, presuming the worst).

• Look for ways to forge win-wins, for UPRR and the local community. Understand that USDOT has a policy since 1992 to reduce at-grade RR crossings by 25%. This puts tremendous pressure on RR' s to accomplish this goal. Does your community have a number of little-used crossings? Explore ways to eliminate them and UPRR can do much to meet the needs of your current project.

• When appropriate, have our attorneys communicate directly with UPRR attorneys. The key is to have worked out all the coordination we can before that, using the infonnation, contacts and principles described in these guidelines. Then, the Project Manager should stay involved to assure that going down "legal rabbit trails" is avoided whenever possible. If we follow the spirit of win-win, then both sides will have better results, even if our attorneys are involved, as they have to be.

o When you're in doubt and have searched all the readily available information, call Steve Marchellke, Ken Rouse, or UPRR Real Estate division in Omaha. Even though they have large territories to cover, they are never too busy to help you proactively solve a problem and forge a win-win. If you have a "folder number," this will save them much time in looking up the project file infOlmation.

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A RESOLUTION OF THE CITY OF SEAGOVILLE, TEXAS

RESOLUTION NO. 26·11

A RESOLUTION OF THE CITY OF SEAGOVILLE, TEXAS, AUTHORIZING THE MAYOR TO SIGN AN UPDATED MASTER AGREEMENT WITH DALLAS COUNTY FOR PARTICIPATION IN THE MAJOR CAPITAL IMPROVEMENT PROJECTS (MCIP) GOVERNING TRANSPORTATION PROJECTS; PROVIDING FOR THE REPEAL OF ANY AND ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council for the City of Seagoville, Texas desires to enter into an updated Master Agreement with Dallas County for the participation in the Master Capital Improvements Projects (MClP) ; and

WHEREAS, the City of Seagoville originally entered into the Dallas County MCIP in 2008 in order to request grant funding through the Dallas County MCIP; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local govermnents to enter into interlocal agreements; and

WHEREAS, the City Council for the City of Seagoville, Texas has reviewed the Master Agreement and has determined it to be in the best interest of the City of Seagoville.

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

SECTION 1. The Mayor is hereby authorized, on behalf of the City of Seagoville,

Texas, to sign an updated Master Agreement, a copy of which is attached hereto and incorporated

herein as Exhibit "A", with Dallas County for participation in the Dallas County MClP.

SECTION 2. All resolutions of the City of Seagoville heretofore adopted which are in

conflict with the provisions of this resolution be, and the same are hereby repealed, and all

resolutions of the City of Seagoville not in conflict with the provisions hereof shall remain in full

force and effect.

SECTION 3. If any article, paragraph, subdivision, clause or provision of tltis

resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such

judgment or holding shall not affect the validity of tltis resolution as a whole or any part or

provision thereof, as amended hereby, other than the part so declared to be invalid or

unconstitutional.

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SECTION 4. This resolutiou shall take effect immediately from and after its passage,

and it is accordingly so resolved.

DULY ORDERED by the City Council of the City of Seagoville, Texas, this the 6th

day of June, 2011.

APPROVED:

ATTEST:

S A TIN, CITY SECRETARY

APPROVED AS TO FORM:

PAGE 2

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DALLAS COUNTY PUBLIC WORKS

December 14,2011

MEMORANDUM:

TO: Commissioners Court

95

FROM: Selas camarillV Assistant Director - Property Division

SUBJECT: Affidavit of Rejection of Alleged Quitclaim Deed from Diane S. Dominy S. Chafin Lots 20, 21, 22 & 23, Beverly Hills Annex, Block 4149-H, City of Dallas, TX (the "Properties")

BACKGROUND

On September 26, 1990, Diane Dominy S. Chafin, owner of the subject Properties, executed and filed an unsolicited alleged Quitclaim Deed (the "Deed") to the City of Dallas, the Dallas Independent School District and the County of Dallas in an attempt to avoid the tax liability. A copy of the alleged Deed dated September 26,1990, filed September 27,1990, recorded in Volume 90189, Page 2390, Real Property Records of Dallas County, Texas, is attached hereto.

Pursuant to Court Order No. 97-1130, the Public Works Department has prepared the attached Affidavit of Rejection of Alleged Deed (the "Affidavit") to be filed in the Real Property Records of Dallas Connty, Texas, expressly disapproving, declining and rejeeting the representations, wan-anties and alleged transfer of the Properties.

STRATEGIC PLAN COMPLIANCE

Execution of the Affidavit is consistent with Vision 1 (Dallas County is a model interagency partner) of the County's Strategic Plan by promulgating and implementing policies that promote sound and fair governmental practices for county tax payers.

LEGAL INFORMATION

Dallas County via Commissioners Court Order No. 97-1130 dated June 10, 1997 adopted a policy to dispose of unsolicited conveyance deeds from property owners to Dallas County in exchange for the payment and full release of all outstanding ad valorem property tax, penalty, interest, attorney's fees and other governmental charges.

The policy requires the Public Works Department to submit the attached court order and Affidavit to reject any and all unsolicited conveyance deeds. The Director of Public Works or his designee is authorized to execute the Aflidavit on behalf of Dallas County.

411 Elm Street Dallas, Texas 75202 (214) 653-6400

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Commissioners Court December 14, 2011 Page Two

PERFORMANCE MEASURES IMPACT

No impact.

RECOMMENDATION

96

Pursuant to Commissioners Court Order 97-J 130, the Director of Public Works recommends that the attached Affidavit of Rejection of Alleged Quitclaim Deed be tiled in the Real Property Records of Dallas County, rejecting any alleged right, title or interest in the possession or fee interest in the Properties as a result of the alleged Deed from Diane Dominy S. Chafin recorded in Volume 90189, Page 2390, Real Property Records of Dallas County, Texas and decreeing the alleged transfer null and void.

If the Commissioners Court is in agreement with the above matter, a court order will be placed on the next regnlar agenda.

APPROVED BY:

~Yair,P.E. L._ Director of Public Works

';r...;dcd/SC K: \PROPERTY\AjjidavitRejectionIBrie/ Air Re} Chafin

Attachment

cc: John R. Ames, CT A, Dallas Connty Tax Assessor/Collector Gordon Hikel, Assistant District Attorney, Civil Division

Page 97: 2 Dal

STATE OF TEXAS

97

AFFIDAVIT OF REJECTION OF ALLEGED QUITCLAIM DEED

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF DALLAS §

Before me personally appeared Selas Camarillo and upon hiS oath duly deposed and stated as follows: ., .

1. My name is Selas Camarillo. I am over 18 years of age, have never been convicted of a felony, and am competent to make this Affidavit. I have personal knowledge of all facts stated herein.

2. I am employed as Assistant Director of Public Works - Property Division. In the regular course and scope of my duties, I supervise transfers, assignments, purchases, abandonments or other dispositions of real property on behalf of Dallas County, Texas. The Commissioners Court of Dallas County, Texas has conferred the authority to the Department of Public Works to supervise the disposition of property to and from Dallas County, Texas.

3. Attached to this Affidavit is an instrument denominated "QUITCLAIM DEED" hereinafter (the "Deed"), dated September 26,1990, filed on September 27,1990, recorded in Volume 90189, Page 2389, Real Property Records of Dallas County, Texas. Said instrument attached hereto as Exhibit "A" purports to convey an interest in the properties referenced therein and incorporated by reference therein (the "PROPERTIES").

4. Dallas County, Texas has not tendered or paid any consideration whatsoever for the PROPERTIES referenced in the alleged Deed. There was no consideration for the alleged transfer.

5. The recitals in the alleged Deed of the alleged consideration are incorrect and inaccurate. Dallas County, Texas, by and through the Public Works Department, has not requested or agreed to any of the terms set forth in the alleged Deed.

6. Dallas County, Texas, expressly disapproves, declines and rejects the representations, warranties and alleged transfer of PROPERTIES in the alleged Deed.

7. This AFFIDAVIT OF REJECTION OF ALLEGED QUITCLAIM DEED shall be filed in the Real Property Records of Dallas County, Texas and shall be public notice that the terms of the alleged consideration and transfer of the PROPERTIES should be considered null and void and that the PROPERTIES do not vest in Dallas County, Texas.

AFFIDAVIT OF REJECTION OF ALLEGED QUITCLAIM DEED - Page 1

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98

8. This AFFIDA VII OF REJECTION OF ALLEGED QUITCLAIM DEED further expressly rejects any alleged right, title or interest in the possession or fee interest in the PROPERTIES as a result of the alleged Deed.

Further Affiant Sayeth Not.

Selas Camari Assistant Direc 0 ublic Works-Property Division County of Dallas

SUBSCRIBED AND SWORN to before me this __ day of ___ . ___ , 2012.

After Recording Return to:

County of Dallas 411 Elm Street, Suite 300 Dallas, Texas 75202 Attn: Assistant Director-Public Works

K: iPropertyiAffidavitRejectioniAff Rej Chafin

Notary Public in and for the State of Texas Commission Expires: _________ _

AFFlDA VII OF REJECTION OF ALLEGED QUITCLAIM DEED - Page 2

Page 99: 2 Dal

99 -------------_ .... _--_.

THE STATE OF TEXAS

':EXHIBIT'" A "

Prepared by the State Bar o! Texas for U3e by lawyers only. Reviewed 1·1~1fi. Revlred to include grantee's addr(!SS {art. 6626, ReS} 1·1-.82.

QUITCLAIM DEED

8092 2

} KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS

That I,PIANE DOMINY S. CHAFIN,

5.00 DEED 2 09/27190

of the County of ,. .O.Ol.lin. .. . • State of ........... ,_,., ........... ,Texas .............. , "" for and

in consideration of th~ sum of. ...... 'j'EN. ANDNO/1.00.~,~~,~,(,$.ID.OO.)~~.~"".""".~~."~," .. OOLLARS

in hand paid by the grantee. b~rein named, the receipt of which is hereby acknowledged, have QUIT ..

CLAIMED. and by these preG.ents do QUITCLAIM unto .. THE ... CIT.Y. ,OF ,DALLAS, ... TlllLDALLAS ..

.. . UlllErENPEN'r ... S.CllO.O);, . .lU.STRrG'r .ANXl ... COUNTY. ,OF .. DlItM.s,., ... .. ... of the

County of... ··.Dal,las ." , State of.. .. ... 'rexas.· ... ,' all of.. __ .my ......... right,

title and interest in and to the following described real properly situated in .. ·····Da.ll.a.s ..

Texas, to-wit: TRAC'l' I: LOT ao, SE;VElU.oY HILLS ANNEX SITUATED IN CI't'l SLOCK

4149-0 IN ~Hg CI~Y OF DALLAS, DALLAS COUNTY, TEXAS j AS SHOWN BY A

PLAT RECORD IN VOLUME 2 PAGE 80 OF THB PLAT RECORDS OF DALLAS

COUll'!'Y, TEXAS.

TRAC1' II: LOT 21, BEVERLY HILI.S ANNEX SITUATED IN CITY 8!'OCK

4l49-li IN THE CI'l'~ OF DALLAS, 'DALu\'S COUNTY, TEXAS, AS SHOWN BY A

PLAT RECORD IN VOLut-tE 2 PAGE 80 OF THE PLAT RECORDS OF DALLAS~

COUNTlI, TEXAS.

TRACT IIII LOTS 22 & 23 I BEVERLY HILLS ANNEX SITUATED XU CI'1"l!

BLOCR 4149-H IN THE CITY OF DALLAS, DALLAS COUNTl, TEXAS, AS

SH<?WN BY A PLAT RECO~D IN VOLUME .3 PAGE 80 OF THE PLAT RECORDS OF

DALLAS, TEXAS.

TRACT I'll: LOT 24, BEVERLY HILLS ANNEX SITUA'I'ED IN CITY BLOCK

4149-H XN THt CITY OF DALLAS, DALLAS COUNTY, TEXAS, AS SHOWN oY A

PLAT RECORD IN VOl,.UME 2 PAGE 80 O,F THE PLAT RECORDS OF OALIJ\S t

COUNT'l f TEXAS.

. .. County,

TO HAVE AND TO HOLD all of. ... my......right, .title and interest in and to the ahove described property

and premises unto the said grantee, ' •.. the.j,r. .... heirs and assigns forever, so that neither ...... I ........ nor

...... my ........... heirs, legal representatives 07 assigns shall have, claim or demand any right or title to the

aforesaid prolJerty, premises or appurtenances or any part thereof.

EXECUTED thi ........ a6th· ... day of. ............... Ser>tern.bel' .................... , A. D. 19 .. 00 ... .

DIANE DOMINY S. CHAFIN

dlMwdJmJ;Y·J.:,··C6zr{/· 2·3fl9

Page 100: 2 Dal

:' Maj/ing address ot each grantee:

Name: Addres$:

City of Dallas Courthouse Dallas, Texas

STATE OF TBXAS COUNTYOF Collin

100

Name: Address:

(Admowiedgment)

} This instrument was acknowbl:oged before me on the DIANE DOMINY S. CHAFIN

26th day of September • 19 90 • by

N?:J2~{;#~-···-··········-····--·

STATE OF TEXAS COUNTY OF }

Notary's name (printed):

Notary's comntlssion expires: (AclmowJedgmccf)

This instnlment was acknowledged before me on the day of by

Notary Public. State of Texas NotarY's name (printed):

Notary's commission expil'es:

(Corporate Ackllowledgment)

STATE OF TEXAS COUNTY OF }

This instrument was acknowJed~ed before me on the by of

day of

• corporation. on bebalf of :mid cOfJIoratioo •

AFTER RECORDING RETURN TO:

90111&9

Notary Public. State of Texas NotarY's. name (printed).

NolruYS commission expires:

PREPARED IN THE LAW OFFIce OF,

Philip E. Grubbs Attorney at Law 200 Chisholm Place, St. 240 Plano, Texas 75075

SEP 27 1990

coutrrY CLERK, Dallu CounW. M:t\

, 19

,19

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DATE:

TO;

DALLAS COUNTY OPERATIONS

1 0 1

MEMORANDUM

January 3, 2012

Dallas County Commissioners Court

THROUGH: Shannon Brown, Assistant Administrator,

FROM: Chris Thompson, Director of Operations

Rationale for Same Date Briefing and Court orde/gg6 RE:

The attached Briefing and Court Order request Commissioners Court's approval to enter into an agreement with INX, Incorporated to implement the pilot program they offered to improve the County's Emergency Operations Center (EO C).

For Dallas County to participate in the pilot program it was necessary for the County to issue a purchase order allowing thc vendor to obligate their funds for the program prior to the end of the year. Agreement from COUlt was obtained to proceed, and the court order and letter of agreement serve as confirmation.

GEORGE ALLEN COURTS BUILDING' 600 COMMERCE STREET' SUITE 750 • DALLAS, TEXAS 75202 • 214.653.6567

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DALLAS COUNTY OPERATIONS

January 3, 2012

TO: Commissioners COUli

102

THROUGH: Shannon Brown, Assistant Administrator,

FROM: Chris Thompson, Director of Operations

SUBJECT: IP lnteroperability and Communications System (IPICS) (COURT ORDER ON FORMAL AGENDA)

Background ofIssue Following the installation of SOLOGY's CISCO video sm-veillance system in County Tax Offices, SOLOGY representatives approached staff and offered to implement other CISCO applications as pilot programs to more fully demonstrate integrated safety and security product offerings. Staff reviewed the available capabilities and nominated the County's Emergency Operations Center (EOC). SOLOGY, CISCO and INX reviewed EOC operations and are offering to implement the IP Interoperability and Communications System (IPICS).

Dallas County procm-ed the system for the Tax Office through a contract awarded by the State of Texas Department ofInfonnation Resources (DIR) program. Other CISCO authorized distributors also have DrR contracts. In order to offer thosc distributors the opportunity to provide a similar solution, memos of interest were forwarded to twelve (12) otber firms companies listed as CISCO authorized dealcrs under the contract. A copy oftbe letter sent to each distributor and the list of distributors contacted are provided as an attachment to this briefing. No other distributors expressed an interest providing a no-cost solution to Dallas County.

The purpose of this briefing is to outline the capabilities ofIPICS and detail the offer from SOLOGY and INX.

Impact on Operations In the event of an emergency, responding agencies need to work efficiently together to manage the effects of the incident. Cmcial to these management efforts is the ability for all involved to communicate with cach other. During emergency situations, push-to-talk (PTT) radios have been the primary means of communications for first responders. However, this is hampered by vendor-proprietary systems operating on different frequencies. While Dallas County cUlTently employs means to mitigate this hurdle, interagency communications remain a problem. This problem is now compounded by the need to communicate with a host of other devices -- PIT phones, cell phones, PCs, tablets, etc. The IPICS resolves these

GEORGE ALLEN COURTS BUIl,DING • 600 COMMERCE STREET' SUITE 750 • DALLAS, TEXAS 75202 • 214.653.6567

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103

problems by providing communications interoperability that can tie all these different devices together while providing group notification capabilities and other management tools. Beneflts ofthe system include:

1. PTT enhancement: PIT and voice services are extended to provide interoperability between wired and wireless networks.

2. Provides a Web-based interface for managing users, user groups and radio channels across mUltiple networks.

3. Web-based interface also provides the creation of protocols that define standard operating procedures based upon the type of event such as talk groups and notification procedures. Notification methods can include radio, cell phone, land line, pager, e­mail or text message.

4. Unified command and control: commanders can manage operations from one or more locations using the IPICS administration console.

5. Incident Reporting: system provides a documented trail of each incident and can detail things such as who was part ofthc virtual talk group; confirmation on who was contacted, all media and documents which were uploaded to the group as well as open and close reports.

These capabilities will greatly enhance EOC operations and enable the center to respond to emergency situations more efficiently and effectively.

Financial Considerations All hardware, software, installation and training are being offered at no cost to the County. IPICS is a CISCO application and the hardware is provided by lNX and SOLOGY. Integrated Security Solutions will lead in the implementation of this pilot. A two year service agreement, covering all equipment and maintenance, is also included at no additional cost. After that point, should the County wish to maintain the system, an annual service agreement will be required. Cost of this is anticipated to be in the $10,000-$17,000 range depending upon which components are covered.

Lcgallmpact lNX has asked the County to sign a letter of agreement. This letter is attached has been provided to the District Attorney's office for review and approval.

Strategic Plan Compliance This initiative is consistent with Vision 3, Strategy 3.3 as it addresses the ability of first responders to communicate across Dallas County governmental and community agencies.

Recommendation Staff completed a process to determine if other CISCO distributors are willing to provide a similar no-cost solution to Dallas County. Based on the lack of responses received, staff recommends Dallas County accept the lNX/SOLOGY donation of a pilot IPICS system for the Emergency Operations Center. This recommendation has been coordinated with the Office of Homeland Security and Emergency Management.

GEORGE ALLEN COURTS BUILDTNG • 600 COMMERCE STREET' SUITE 750 • DALLAS, TEXAS 75202 • 214.653.6567

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DALLAS COUNTY OPERATIONS

November 28, 2011

Aaron Sellers Visual Innovations, Inc. Email: [email protected]

Dear Mr. Sellers:

104

Dallas County desires to implement CISCO's IP Interoperability and Communications System (IPICS) to improve the operations of the County's Emergency Operations Center (EOC). The EOC currently deploys CISCO equipment and any future enhancement to the program will require CISCO compatibility. IPICS will resolve interagency communications with the host of devices that are now available to first responders. Dallas County sees the benefits of the IPICS system as:

(1) Push-To-Talk (PTT) everywhere: PTI and voice services are extended to provide interoperability between wired and wireless networks.

(2) Provides a Web-based interface for managing users, user groups and radio channels across multiple networks.

(3) Web-based interface also provides the creation of policies that define standard operating procedures based upon the type of event such as talk groups and notification procedures. Notification methods can include radio, cell phone, land line, pager, e-mail or text message.

(4) Unified command and control: commanders can manage operations from one or more locations using the IPICS administration console.

(5) Incident Reporting Module: provides a documented trail of each incident and can detail things such as who was part of the virtual talk group; confirmation on who was contacted, all media and documents which were uploaded to the group as well as open and close reports.

These capabilities will greatly enhance EOC operations and enable Dallas County to respond to emergency situations more efficiently and effectively.

Dallas County has received an unsolicited request from a CISCO certified reseller to implement the IPICS system at no cost to the County. Dallas County is issuing this inquiry to other CISCO resellers to determine their interest in partnering under the same arrangement. Attached is a list of the equipment [and services?] required for this implementation. If your firm is interested in pursuing this opportunity, please review the

GEORGE ALLEN COURTS BUILDING' 600 COMMERCE STREET' SUITE 750 • DALLAS, TEXAS 75202 • 214.653.6567

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105

(page 2)

equipment list and other information provided and prepare a written proposal. The proposal should include the terms and conditions of the installation, timeline for implementation, partners who will participate, certification of CISCO partnership, any enhanced services offered, and term of maintenance coverage. All proposals are due by 2:00 pm on Friday, December 9,2011.

Dallas County staff with the EOC and Communications will review all proposals received and present a recommendation to Commissioners Court for further action.

Until such time as a recommendation is made, all contact and questions, as well as your submittal of your firm's proposal should be made to me.

Sincerely,

Chris Thompson Director, Operations 600 Commerce St., Suite 750 Dallas, Texas 75202 214-653-6434 ch ris. th [email protected]

GEORGE ALLEN COURTS BUIlDING' 600 COMMERCE S'fREET • SUITE 750 • DALLAS, TEXAS 75202 • 214.653.6567

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106

LIST OF VENDORS CONTACTED FOR IPICS PILOT PROGRAM

Ben Hall Direct Packet, Inc. dba OneVision Solutions 909 Lake Carolyn Park way, Suite 1800 Irving, TX 75039 bhall@oncS\si9nsoll)ILo.ll'i.cQm

Brent Beasley General Dalatech, LP 3140 Commonwealth Dr., Suite 440 Dallas, TX 75247 [email protected]

Whitney Oldfather Knight Security Systems 5321 Industrial Oaks Blvd. Suite 111 Austin, TX 78735 ".v.9ldfather@knights~uritv.com

Robert Hambrick Kratos Defense & Security Solutions, Inc. Email: roQl.TI.hambrick(Q)kratosdgfense.com

Greg O'Loughlin Sigma Solutions, Inc. 422 ERamsey San Antonio, TX 78216 [email protected]

Phyllis Byrd Sirius Computer Solutions, Inc 613 NW Loop 410, Suite 1000 San Antonio, TX 78216 phyllis. [email protected]

Scott Grimm SKC Comnllmication Products, Inc. 8320 Hedge Lane Terrace Shawnee Mission, KS 66227 seQ tt. erimm@skccQ.!:n.&Q.!Jl.

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Ed Christmas Sology LLC 1701 N. Greenville Ave Suite 308 Richardson, TX 75081 [email protected],91ogysolutlom.gQl}l

Dale Wesley Synetra Inc. 8180 Lakeview Center Odessa, TX 79765 [email protected]

Patrick Holland Varay Systems LLC 20 I E. Main Ste 700 EI Paso, TX 79901 [email protected]

Aaron Sellers Visual Innovations, Inc. 8500 Shoal Creek Blvd. Building One Anstin, TX 78757 aaron [email protected]

107

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108

DALLAS COUNTY COMMISSIONERS COURT ADMINISTRATION

January 3, 2012

TO: Dallas County Commissioners Court ·,W FROM:

c~; ~l) Shannon S. Brown, Assistant Administrator 1/'

SUBJECT: Filming Request in County Facilities

BACKGROUND/ISSUE Dallas County has received a request from a production company, Horizon Scripted Television (Horizon), to utilize several County facilities for the upcoming series Dallas, set to air on TNT this summer. The purpose of this briefing is to present this request for access and recommend approval of this project.

OPERATIONAL IMPACT Dallas County's policy for filming in County facilities includes a $25,000 security deposit, $1,000 per film day fee and required insurance. This fee structure and insurance limits were established to cover the additional costs incurred by the County as a result of the filming, including staff time, additional utilities, and wear and tear on the facilities. Horizon has agreed to these terms and conditions and has executed the standard location agreement.

TNT describes the drama as the Ewing family "return[ingJ to the ranch with secrets, schemes and betrayals, This time, they're joined by the next generation of Ewings, who take ambition and deception to a wicked new level." The production company plans to film in early January, Locations could potentially include unoccupied jails, court space, and general office buildings, Access.to sites will be coordinated with Dallas County Security, the Sheriff's Office (if needed), and any impacted departments,

LEGAL IMPACT The District Attorney's Office, Civil Division, developed the attached location agreement for all filming projects, Horizon Scripted Television has agreed to the terms and executed the location agreement.

FINANCIAL IMPACT All filming fees will be deposited into the County's General Fund. The specific number of filming days is not known at this time but revenue is projected to be between $5,000-$10,000,

STRATEGIC PLAN COMPLIANCE Filming projects support Strategy 5,1 of Dallas County's strategic plan by promoting economic development.

RECOMMENDATION It is recommended that the attached location agreement with Horizon Scripted Television be approved.

Dallas County Administration Building 411 Elm Street

Dallas, Texas 75202-3317

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109

LOCATION AGREEMRNT

The undersigned grants to "Producer") its succeSSQrs and assigns, the right and license to enter upon, to make photogra hs (stiHs, film, tape or othctWise) and use for so·caHed "location" purposes nLMrrJ~ (hereinafter referred to as "the Property") on (including but not limited to reslloo g} In conStderalJOl1 of the sum of $1,000.00 per shoot day and no charge for wrap days, a $25,000 (twenty-five thousand dollar) security deposit, payable to Dallas County before shooting occurs (provided that the Property [s actually utilized), and provision of the insurance requirements as presented in Exhibit A attached hereto.

Producer's usc ofthe Property shall include pennission to use the Property with any and all personnel, equipment alld materials (including, without limitation, props and temporary sets) for the purposes of photographing scenes and making recordings, by any and all means, now known C)r hereafter devised, in the interior and ~or of the Property for use in connection with, or as part of, that r;ertain television program entitled I As and all other productions, including, without limitation, "making-of" and "behind-thc-scenes" productions (collectively, the "Program"). If such photography is prevented or hampered by weather or occurrences beyond Producer control, it will be postponed to or completed at a mutually agreeable time witbout further compensation,

The rights granted to Producer herein include the rights to photograph, record, and use'in any marulcr whatsoever any names and trademarks coonected with the Property, and any signs, decorations, fixtures and furnishings iocated thereon, and any logos and verbiage contained on such signs, decorations, fixtures and furnishings, in connection with, or as part of, the Program, Ihe right to refer to the Property, or any part thereof, by any real or fictitious name, the right to attribute any real or fictitious events as having occurred on the Property. and the right to reconstruct the Property or any part thereof as a set. The rights granted to Producer further include the exclusive right to use, and to license others to use, an of the photographs and recordings made hereunder in the Program, in the advertising, promotion and p\lblicity therefore, and in commercial tie-ins and any merchandising or other commercial exploitation of the Program, in allY and atllanguages, fonllats and media, now known or hereafter devised, throughout the universe, in perpetuity, without limitation or restriction of any kind, and without further payment of any kind. Producer shall be the sale, exclusive and perpetual owner ofal! right, title and interest in the Program, and any photogmpns and recordings made hereunder in connection with the Program pursuant to copyright and otherwise, without limitation (including all renewals and extensions of copyright therein).

The undersigned shall be limited to an action for money damages for any breach of this Agreement by Producer and the undersigned shall not be- entitled to equitable or injunctive relief and in no event shall the undersigned be permitted to prevent or inhibit the broadcast, exhibition, distribution or other exploitation of any of Producer t evision pbotoplays, including but not limited to any episode of the television motion picture entitled _-1.!t\L!bf\:i ____ _

The undersigned hereby repr!!sents and warrants that the undersigned is the owner or lessee of said Property and has the legal right and authority to grant the license herein contained.

Producer agrees to hold the undersigned hannless from and against allY and all costs, fees, expenses and damages (except as may relate to negligence ofthc'undersigned) which may arise in connection with Producer's use of the Property as described herein. Producer shall leave the Property in the same condition as it was prior to Producer's use hereunder, reasonable wear and tear, force majeure and the use pennitted hereunder excepted.

The undersigned hereby releases Producer and its licensees, successors, assigns, aU networks, stations, sponsors, and advertising agencies from any and all claims, demands, or causes of action which the undersigned, its heirs, successors or assigns may now have or hereafter acquire by reason of Producer photographing and using the photographs taken of tile Property, including but not limited to alt buildings (exJerior rind interior). equipment, facilities and .signs thereon. The undersigned understands this document and freely agrees thereto.

Location Agreement - Page 1 of 5

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1 1 0

IN WITNESS WHEREOF, the undersigned has executed this agreement as of the date written below.

Date I~ "6/ ~>tt Name of Company or Individual

By:_

Title: Dallas County Judge

4 [i Elm Street 2!td Floor Suite 21 0 Street Address

Dallas Texas 75202 City. State and Zip Code

75-60000905 Federal J.D, Number

Federall.D. Number

Location Agreement - Page 2 of 5

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1 1 1

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

December 13,2011

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

RyanC'i:rown, Budget Officer

Office of Budget and Evaluation Staff

Conference/Travel/Training Requests

The following departments have requested approval for Conference/Travel/Training. The requested amounts listed are estimates. All reimbursements for hotel and meals are reimbursed according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.

Elected Officials/Depm'tments notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Court approval under State Statues

PROBATE COURT #3 - Judge Miller requests approval for reimbursement in the amount of $146.25 for hotel. Judge Miller attended the National College of Probate Judges 2011 Fall Conference, Jekyll Island, Georgia from November 1- 5,2011. Funding is available in the Probate Escrow Education Fund (532.4703.21667),

Elected Officials/Departments requesting Conference/Travel/Tmining approval for funds that have Commissioners Court authority

302ND FAMILY DISTRICT COURT - requests DDA reimbursement for Edward Keating attendance at the DBA Juvenile Justice Committee that was held on November 18, 2011. The meeting was held at the Bela Mansion in Dallas, Texas. The estimated cost for attendance was $65 for registration. Funding is available in the department's DDA (120.4230.2230).

TEXAS AGRILIFE EXTENSION SERVICE - requests approval for the following:

• Reimbursement for out-of-county travel for Wenshing Cheng in the amount of $82.14 for a District IV event in Commerce, Texas.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 • rlwatkins(aJdallascounty.org

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112

• The payment of professional development membership for Tamra McGaughy for 2012 Texas Association of Extension in the amount of $92.50. It is requested that the membership be paid in advance from DDA Account.

Payable to: • • •

Sara Allen County Extension Agent-Ag/NR Hunt County, 2217 Washington St. Greenville, TX 75401

Notifying Commissionet·s Court of Conference/Travel/Training funds used by Grant Programs

SHERIFF - requests approval for the following:

a) Assistant Chief Deputy Deborah Foster and Sergeant Mickey Tolbert to attend the ABTPA Board of Directors Meeting in Brownsville, Texas from January 18 - 19, 2012. The total estimated cost to attend is $1,300 ($700 - airfare, $250 - motel, $110 - food, $160 - taxi, and $80 - parking). Funding is available in the North Texas Auto Theft Task Force (466.5600.2460).

b) Chris Harvey and Torrance Clemmons to attend the specialized Auto Theft School in Austin, Texas from January 8 -13, 2012. The total estimated cost to attend is $2,010 ($1,500- hotel, $390 - food, and $120 - parking). Grantor does not allow payment in advance for travel costs. The officers would have to pay up jYont the full amount of the travel costs, and are unable to do so, and request that the court allow a cash advance from the North TexasAuto Theft TaskForce ImprestFundfor those who are to fund themselves. Funding is available in the North Texas Auto Theft Task Force (466.5600.2460).

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1 1 3

DALLAS COUNTY " ""'OU'HY OFFICE OF BUDGET AND EVALU{}:r1q~"cRS' COURT

, .

I I DEC I 4 PHIZ: I '1

January 3, 2012

TO:

FROM:

SUBJECT:

Commissioners Court

Rya(;0Brown, Budget Officer

Hiring Freeze

The Dallas County Commissioners Court authorized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 2012. Under the "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time), Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notifY Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill the position.

For January 3, 2012 one (1) Elected Official and three (3) Department Heads desired to have their request related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.

Elected Officials notifying Commissioners Court of their intent to fill a position before the expiration of the "rolling 90 day hiring freeze".

District Attorney - the District Attorney desires to notify Commissioners Court of their intent to fill a Legal Secretary, grade 8, position #3491 prior to the expiration ofthe "rolling 90 day hiring freeze", Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $9,666 in savings opportunity.

Department Heads requesting Commissioners Court approval to fill a position before the expiration of the "rolling 90 day hiring freeze".

Health and Human Services - the Health and Human Services Department requests Commissioners Court approval lor an exception to the "rolling 90 day hiring freeze" for the following positions: a) Licensed Vocational Nurse (LVN), grade 10, position #4007 - filling this position before the expiration of the "rolling 90 day hiring freeze" will not cost the County as it is reimbursed by Parkland; b) Registered Nurse II, grade FM, position #6876, this position is needed in order to maintain communicable disease surveillance, education and intervention services; and c) Case Monitor, grade 12, position #7780, this position is needed to ensure welfare cases are properly monitored, over the last couple of years the staffing in the welfare division has decreased by nine positions. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $27,505 in savings opportunity.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6384. Fax (214) 653-6517 • rwbrClwn(wdallascollnty.org

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Public Defender - The Public Defender's Department requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for the following positions: a) Attorney IV, position #7696 working in the Criminal District Court #2; b) Attorney II, position # 5261 working in County Criminal Court #3; and c) Attorney II, position #86096 and 7197 working in County Criminal Court #8. Public Defenders are more cost effective then Court Appointed Attorney's therefore there is no additional cost for this exception to the "rolling 90 day hiring freeze.

Public Works - the Public Works Department requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for a Field Inspector, grade DM, position #314. This position will be responsible for providing field inspections of the Lawson Road project. Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $13,796 in savings opportunity.

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DALLAS COUNTY tJ{\!.

OFFICE OF BUDGET AND EV ALuAtrbN

January 3, 2012

TO:

FROM:

Commissioners Court

Ry~rown, Budget Officer

II GEC II; Mi 10: 5\

SUBJECT: Sheriff Office MOU with Office of Violent Sex Offender Management

BACKGROUND The Texas Legislature has established the Office of Violent Sex Offender Management (OVSOM), which administers the civil commitment process of individuals committed by court order to a continued program of confinement and treatment after their sentences in the criminal justice system have been served, Because these individuals need a secure place of confinement while they are undergoing treatment, the Office of Violent Sex Offender Management executes Memorandum(s) of Understanding (MOU) with local correctional facilities for housing. The OVSOM would request that Dallas County house up to 8 individuals at one time. The Dallas County Sheriffs Department will have the option to approve or disapprove of the housing of particular individuals in the Dallas County Jail. The individuals must comply with all jail rules while confined in the jail. They will be released several times per week in the custody of OVSOM staff for treatment and will return to the jail after each treatment session. OVSOM staff is responsible for the security of the individuals at all times once they are outside of the jail.

OPERATIONAL IMPACT Some Dallas County Jail Standard Operating Procedures will have to be modified in order to release and then return the individuals to jail. Rules regarding ankle monitors in the jail must also be modified. As a result of the low number of individuals in this program and the fact that they do not need to be separated from other inmates will result in no significant impact to the jail population.

FINANCIAL IMPACT The OVSOM will pay Dallas County $70 per day for each individual to cover housing and food. Dallas County shall invoice OVSOM on a monthly basis for services rendered. Assuming an average of 3 individuals per day this MOU would result in $76,650 in revenue.

LEGAL IMPACT The District Attorney has approved the MOU as to form. The Sheriff has also approved the MOU. The MOU requires the approval of the Commissioner's Court and the signature of the County Judge.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384. Fax (214) 653-6517. rwbrown@d,lllascounty.org

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STRATEGIC PLAN COMPLIANCE This MOU is consistent with Dallas County Strategic Plan Vision No.3 - Dallas County is safe, secure and prepared.

RECOMMENDATION The Office of Budget and Evaluation recommends that the Commissioners Court approve the MOU with the Office of Violent Sex Offender Management and authorize the County Judge to sign the Contract and any related documents on behalf of Dallas County. The MOU shall commence January 1, 2012 and renew every year unless 60 days notice is given before the end of the one year term.

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January 3, 2012

MISCELLANEO US

1) HEALTH & HUMAN SERVICES - requests approval:

a) for additional award under the Atmos Energy Share the Warmth Program in the amount of $51 ,044 from Atmos Energy Corporation, for assistance with energy costs for financially distressed individuals.

b) for additional 2011 Reliant Energy CARE Program funds in the amount of $5,000, for the provision of energy assistance payments to Reliant Energy customers possessing an active aCCOlmt.

2) COMMUNITY SUPERVISION & CORRECTIONS - requests approval for validated parking for approximately 300 vehicles at the Frank Crowley Courts Building garage from 1 :00 p.m. to 4:30 p.m. on Friday, March 2, 2012 for Community Supervision Department cmployees who are required to attend a mandatory Directors meeting and awards ceremony in the Central Jury Room.

3) COMMISSIONERS COURT ADMINSTRATION - V AI Architects, Inc., as the County's IDIQ architectural firm and through Court Order No. 2011-1413, was authorized to provide professional services resulting in construction documents for the finish-out of the eighth Hoor at the Frank Crowley Courts Building. The County has requested changes to the scope of the project to include holdover cells as part of the finish-out in the project. VAl has proposed a fee not to exceed $23,980 for this additional work. Funding is available from the Major Capital Development Fund, Fund 196, Project 70159 (8 th Floor Crowley).

(COURT ORDER ON FORMAL AGENDA)

4) PURCHASING - requests approval to ask for missing documentation as required for RFP No. 2012-020-5815 Request for Proposals for Community Housing Development Organization (CHDO). Thc intent is to seek proposals from qualified non-profit organizations regarding Dallas County's 2010 and 2011 HOME CHDO set-aside funds. The solicitation required that all firms submit three copies of their proposal. Two firms submitted a response to this solicitation. However, the proposal received from Builders Hope contained only their original proposal. As a result and in order for all committee members to review and score the firms responding to the solicitation, staff is requesting that the vendor be given the opportunity to submit the missing copies.

Oll03/12

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5) FACILITIES MANAGEMENT - requests approval:

a) to accept donations of pre-owned modular workstations. Cage, Inc. is moving their corporate offices and donating 48 modular units valued at $31,200, Airband Communications is donating 36 modnlar units valued at $23,400, and HCFS is donating 20 modular units valued at $8,000 total. The cost to dismantle, transport and unload to storage will be $4,126.60 from the Cage location, $3,298.60 from the Airband location and $1,381 from the HCFS location for a total of $8,806.20. Funding is available from the Sheriffs Department Federal Forfeiture Fund. Recommended by the Office of Budget and Evaluation.

b) to approve a request from Richardson Independent School District for usage of the Merrill Hartman courtroom at George Allen Sr. Courts Building to determine who will represent RISD at Regional's. The District Courts Administration Office concurs and the competition does not present any conflict. RISD has requested Tuesday through Thursday, January 10 - 12, 2012, from 8am to 5pm. Mock trial staff has also requested posting temporary information at the courthouse that consists of directions and room information and will be removed at the end of each day. Recommended by the Office of Budget and Evaluation.

6) AUTO SERVICE CENTER - requests approval:

a) to replace vehicle EK399 (2FAFP71WI3XI14764), a 2003 Crown Victoria which has several maintenance issues that make the vehicle no long cost effective to repair, with vchicle CDS31 (2FAFP71 WX4X161499) which is one of the Constable Traffic turn-ins. Recommended by the Office of Budget and Evaluation.

b) to transfer from the Constable inventory to the Sheriff Juvenile inventory three vehicles, AlO03 (2FAFP71V38XI46548), CB839 (2FAFP71 W05XI48603), and CB840 (2F AFP71 W25XI48604). Recommended by the Office of Budget and Evaluation.

7) IT SERVICES - reqnests approval to upgrade the Enterprise Server license on the host servers for the VM (Virtual Machine) environment to Data Center Server Licenses. The upgrade will allow for a more cost efficient approach to manage server licenses installed on the VM environment. The license upgrade will be added to our Microsoft Enterprise Agreement and the cost is $2,218. Funding is available in the Microsoft Site License Fund (195.8640.92053). Recommended by the Office of Budget and Evaluation.

01103112

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8)

9)

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TIl 68 CIVIL DISTRICT COURT - requests approval to use DDA funds to hire an extra court reporter for a double docket that will be held from December 13 -December 16, 2011. The fee for a court reporter is $330.66/full day and $165.33/half day. The estimated total cost for using the court reporter is $1,322.64. Funding is available in the department's DDA (120.4120.2230). Recommended by the Office of Budget and Evaluation.

DISTRICT COURT ADMINISTRATION - requests DDA reimbursement for Lori Ann Bodino for payment to the National Association for Court Management annual membership fee of $110. Funding is available in the department's DDA (120.4051.2230). Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

County Court at law #5 - M1212013 - requests a speakerphone for conference calls. Equipment $76.00; Installation $0.00; Recurring Cost $0.00 Recommended

Forensics Medical Examiner - requests: M1212010 - long distance code for B. Potts & A. Glover. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 Recommended

M1212011 - long distance code for V. Parham & J. Perdomo Equipment $0.00; Installation $0.00; Recurring Cost $0.00 Recommended

Information Technology - M1211004 - requests voice drop in new cubicle, not within the same cubicle. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 Recommended

Justice of the Peace 5-2 - P121l011 - requests 3 voice and 3 data drops for redistricting/moving and reorganizing work areas. Equipment $0.00; Installation $1200.00; Recurring Cost $0.00 Recommended

Juvenile - P1211011 - requests 16 data drops, 3 multiline phones and 16 single line instruments and 16 voice drops. Equipment $916.00; Installation $6400.00; Recurring Cost $0.00 Recommended

Sheriff Civil - M1212005 - requests long distance code for Sgt Valladarez $0.00; Installation $0.00; Recurring Cost $0.00 Recommended

Sheriff DMU - M1212007 - requests long distance code for Cynthia Anderson $0.00; Installation $0.00; Recurring Cost $0.00 Recommended

Sheriff Traffic - P1212001 - requests 5 data drops, 5 voice drops, 5 radio drops, and 5 multi-line phone instruments with display. Equipment $380.00; Installation $3000.00; Recurring Cost $0.00 Recommended Funding 532.0.2690.2012.91002

01103/12

ALSMITH
Cross-Out
ALSMITH
Sticky Note
Pulled by Communications.
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120

• Funding for the above requests are available from countywide department 1023, line itcm 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

(1) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(2) DEPARTMENT: ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

(3) DEPARTMENT:

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Constable Pet. 3 4 - Silver Metal Wire SheltiRack on Rollers o Surplus Surplus Constable Office requests approval for the above listed items to be transferred from surplus after December 16, 20 II. Recommended by the Office of Budget and Evaluation.

Judge Tena Callahan (302nd District Court) 1 - Metal Desk I - Red Leather Couch I - Tall Wooden Table with two shelves 1 - Wood Laminate Top Table with metal legs I - Large Brown Folding Table 7 - Chairs o Surplus Surplus Judge Callahan requests approval for the above: listed items to be transferred from surplus to the Legacy Family Court, Suite, 470, George Allen Courts Building. Recommended by the Office of Budget and Evaluation.

Fire Marshal

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ITEMS:

ESTIMATED COST: FUNDING SOURCE: PROPOSED ACTION:

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1 2 1

3 _. Red Stationary Chair 3 - Blue Swivel! Roller Chair $0 Surplus Fire Marshal has requested authorization to transfer the above listed items from surplus to their inventory at the fire station located at 1937 S. Belt Line. Recommended by the Office of Budget and Evaluation.

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yliscdllm~ous Equipm~nt

Jauu,uy3.2012

Acmal 'n,,();<:~d amounts m~y dev;ote by up to $5 from the amounts listed without addItional Comnltssioners Court AuthorilAtion

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Emergency Sump Pump

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Transformer I Control Box·Cooling T<>wer

Tcmpurature Scnsor for Body Bo~

~farley·Weir Gale! Fume Assembly

2012 Fo,d Explorer Crossover

Dell R710 Server

Prmter for Judge Hayes CCC #2

Lap'op f<lf Judge B.yes C'CC #2

fIT OfEceJet Pro 8600 All·in·One

C.lI B\Jt!on Camcm System 10 incl\1de items for 2 ,ystem

setups

Paym~nt for C.pps Invoices for "o"ember 2011 for vehicle ,cntal

Payment feo]' Capp' Invoices for November 2011 for velnde insurance

Payment for Capps Invoices for November 2011 for

veh,cle rental

Thigh Holsters

Video Cameras

EicClf-;C Range

Refrigerator

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Portable b":alh test units High Hack eh.;, {HO~ Model #f{VL1(1)

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Needed to aid in <earchmg for voting location SHes Kccded .,; ~ replacement for breaker redundancy Needed fo, emergency ,,,ages

Needed for repa", of Admm bmld'og coolmg t"wer

Need~d fOT repa"s to omgolng body_box at SWIFS

~eeded to make repa,,~ 10 the coolmg. 10WC, al SWIFS

Needed for "Ie '"'S!ts and transportmg .dmlElIS1fatJVe ~uff for lramingimeelmg>

Needed for an old server runnmg nwhlple secunty apps

Needed to upgrade eXISl,ng equipment

Kccded (0 upgrade c""ung equlpmenl

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~e"dcd for camera semp tn ()ffice

Vehicle insuraoce [laymen!

V chicle Rental

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Keedcd to replace old cameras

:-':cddcd for ncw Transpon 1)nl!

Needed fOf new Tr~mpor1 Unit

Keedcd f", new Transpon Un,t

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