1 dallas county commissioners court briefing agenda · 2011-09-12 · dallas, tx 75202-5717 vendor...

9/13/2011

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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

September 13, 2011

REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS.

1) HEALTH & HUMAN SERVICES

a) Texas Department of State Health Services, Contract No. 2012039417001, TB – State African American Project ....................... 417

b) FY2012 Interlocal Health Services Agreement ......................................... 1831

c) Agreement Between The City of Garland and Dallas County Health and Human Services ....................................................................... 3235

d) Renewal Agreement with Dallas Metrocare Services .............................. 3642

2) ROAD & BRIDGE DISTRICT NO. 1

TexHealth Central Texas designated as the entity to operate a 3Share Plan in Dallas County ............................................................................. 4344

(COURT ORDER ON FORMAL AGENDA)

3) HUMAN RESOURCES/CIVIL SERVICE

a) Non Smokers Discount for Calendar Year 2012 ..................................... 4546

b) Active and Retiree Benefit Accrual (Premium) for Calendar Year 2012 .........................................................................................4748 Insert

4) PUBLIC WORKS

a) Master Agreement Governing Major Capital Improvement Program (MCIP) for the City of Balch Springs ........................................... 4981

(COURT ORDER ON FORMAL AGENDA)

9/13/2011

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b) ROW Acquisition Services Indefinite Delivery Indefinite Quantity Contract Halff Associates, Inc. – Amendment No. 4 Extension of Time ........................................................................................ 8285

5) PLANNING & DEVELOPMENT

Request to Participate in Cypress Waters TIF District....................................... 8690

6) BUDGET

a) Conference/Travel/Training Requests................................................... 9193

b) Hiring Freeze............................................................................................. 9495

c) District Attorney Grant Funded Positions.............................................96100

d) Dallas County Truancy Court Agreement for Funding with A + Academy Texas Charter School............................................................101105

e) Dallas County Truancy Court Agreement for Funding with Inspired Vision Academy......................................................................106110

7) INFORMATION ...................................................................................................N/A

• Jail Population Report • Office of Budget & Evaluation:

§ Reserve Balance Report September 7, 2011 • Purchasing:

§ Technicality Waiver: Bid No. 20111005716, Annual Contract for the Printing and Production of Election Ballots and the Conversion of Audio Ballot Voice Files

§ Annual Contract Data Information § Annual Contract Extensions

• Health & Human ServicesHHS Updates

8) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................111112

9/13/2011

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9) PUBLIC COMMENTS

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

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister’s Letter of Appreciation

DATES TO REMEMBER

4 DAl-LAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Division DMI)\S COUNTY

C2Wir'i!5S!GNEFlS courtT ZACHARY S. THOMPSON

DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: September 13, 2011

II SEP - 6 AM II: I 5

SUBJECT: TEXAS DEPARTMENT OF STATE HEALTH SERVICES, CONTRACT NO. 2012-039417-001, TB - STATE AFRICAN AMERICAN PROJECT

BACKGROUND

TB State African American Project, provides basic TB and expanded outreach services and associated activities for TB prevention and control; and expanded outreach services to those defined as special populations who have TB or are at risk of developing TB. Dallas County will develop and maintain an active coalition of citizens and professionals who will work with the African American community to create awareness of TB and availability of TB medica~ services. The effective term of this contract is September 1, 2011 thru August 31, 2012.

OPERATIONAL IMPACT

For budget reporting purposes, this contract will be split into two budgets, with TB-State African American Project being one budget funding seventeen (17) full-time positions and two (2) part-time positions, and African American Project-TB funding two (2) full-time DIS positions. There is no additional impact for this contract.

LEGAL IMPACT

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

FISCAL IMPACT

This contract provides $895,558 for salaries and fringes, $77,338 for travel, $3,962 for equipment to purchase one (1) Pediatric Immobilizer and Positioner (PIGG-O-Stat), $46,934 for supplies, $15,150 for other, and $118,405 for indirect charges. A discretionary County match is needed to supplement the salaries and fringe benefits in the amount of $208,542.

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

it is respectfully recommended that the Dallas County Commissioners Court does hereby approve the Texas Department of State Health Services Contract No. 2011-036068-001 TB - State African American Project, and authorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

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) 819-2107

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DEPARTMENT OF STATE HEALTH SERVICES

This contract, number 2012-039417 (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 Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the 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 $1, 157,347.00, 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 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 0910112011 and ends on 08/3112012. 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. Docnments Forming Contract. The Contract consists of the following:

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

2012-039417-001 TB State African American Project

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

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 fhe Core Contract, then the Program Attachment(s), fhen the General Provisions, fhen the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any.

8. Payee. The Parties agree fhat 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 fhem with respect to the subject matter of fhis 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 fhe requisite authority to execute this Contract on behalf of fhe named party.

DEPARTMENT OF STATE HEALTH SERVICES

By: __________ _

Signature of Authorized Official

Date

Adolfo M. Valadez, M.D., M.P.H.

Assistant Commissioner for Prevention and Preparedness Services

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

512.458.7111

adolfo. [email protected]

92648- !

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

zthompson@dalJascollDty,org E-mail Address for Official Correspondence

BY: (signature of person authorized to si.gn)

Clay Lewis Jenkins, County Judge

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DOCUMENT NO. 2012-039417 PROGRAM ATTACHMENT NO. 001

PURCHASE ORDER NO.

CONTRACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

DSHS PROGRAM: TB State African American Project

TERM: 09/0112011THRU: 08/3112012

SECTION I. STATEMENT OF WORK:

Throughout Contractor's defined service area of Dallas , Contractor shall develop and provide basic services and associated activities for tuberculosis (TB) prevention and control.

Additionally, Contractor shall expand outreach services to individuals of identified special populations (as speCified by DSHS) who have TB or who are at high risk of developing TB. Contractor will develop and maintain an active coalition of citizens and professionals who will work with the African American community in the Contractor's service area to create an awareness of tuberculosis and availability of TB medical services. This will include community and media presentations. Contractor will work with the local health care community to develop an understanding of tuberculosis diagnosis and treatment, prevention and control and available resources for consultation and referral.

Contractor shall provide basic TB prevention and control services, and expanded outreach services, in complhince with the following:

• DSHS' most current version of the Standards of Performance for the Prevention and Control of Tuberculosis, available at http://www.dshs.state.tx.us/idcu/ disease/th!publications! default.asp;

• DSHS Standards for Public Health Clinic Services, Revised August 31, 2004 available at http://www.dshs.state.tx.us/sdi/docs/section8.pdf;

• Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376-1395, 2000) http://ajrccm.atsjouruals.org/cgi/contentlfull!161!4/1376/ ;

• Treatment of Tuberculosis, (ATS!CDC!rDSA), 2003 available at http://www.cdc.gov/mmwrIPDF/rr/rr5211.pdf ;

• Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR-6, 2000 http://www.cdc.gov!mmwr!PDF!rrirr4906.pdf ;

• Updated: Adverse Event Data and Revised American Thoracic Society!CDC Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection - United States, 2003, MMWR 52 (No. 31) http://www.cdc.gov/mmwrIPDF/wk!mm5231.pdf; and

PROGRAM ATTACHMENT - Page I

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• Controlling Tuberculosis in the United States, MMWR, VoL 54, No. RR-12, 2005 http://www.cdc.gov/mmwrIPDF/rrlrr5412.pdf .

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

• Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B; • Communicable Disease Prevention and Control Act, Texas Health and Safety Code,

Chapter 81; • Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities,

Health and Safety Code, Chapter 89; • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of

Communicable Diseases and • Texas Administrative Code TAC, Title 25, Part I, Chapter 97, Subchapter H,

Tuberculosis Screening for Jails and Other Correctional Facilities.

Contractor shall perform all activities under this Contract in accordance with the final, approved work plan (attached as Exhibit A), and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable policies, procedures, protocols, and the final approved work plan, and must update its implementation documentation within forty" eight (48) hours of making approved changes so that staff working on activities under this contract knows of the change(s).

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 that projected in Contractor's total Contract amount, as shown in SECTION VII. BUDGET, Contractor's budget may be snbject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds.

Because of the inherent time to complete treatment for tuberculosis disease and latent tuberculosis infection in relation to the period of this Contract, required reporting under this Contract will show results for work performed under previous versions of this Contract.

Contractor shall provide a narrative report, in the format provided by DSHS and by the due date listed herein, on their activities under this Program Attachment (eg.screening activities). That report shall include a detailed analysis of performance related to the Performance Measures listed below, in a format provided by DSHS. The narrative program report shall be sent to the Texas Department of State Health Services, Tuberculosis Service Branch, Mail Code 1939, 1100 West 49'h Street, PO Box 149347, Austin, Texas 78714-9347 via regular mail, fax, or e-mail. Contractor shall maintain the docnmentation used to calculate performance measures as required by the General Provisions Article VIII "Records Retention" and by the Texas Administrative Code Title 22, Part 9 Chapter 165, § 165.1 regarding the retention of medical records. Report periods and due dates are as follows:

PERIOD COVERED DUE DATE January - December 2010 March 1,2011

PROGRAM ATTACHMENT - Page 2

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Contractor shall send all initial reports of confinued and suspected TB cases to DSHS within seven (7) working days of identification or notification. Any updates to initial DSHS' Report of Cases and Patient Services Fonu (TBAOO) (e.g., diagnosis, medication changes, x-rays, and bacteriology) and case closures shall be sent to DSHS at 1100 West 49th Street, Mail Code 1939, PO Box 149347, Anstin, Texas 78714-9347.

Contractor shall send an initial report of contacts on all Class 3 TB cases and smear-positive Class 5 TB suspects within thirty (30) days of identification using DSHS' Report of Contacts Form (TB-340 and TB-34l). Any new follow-up infonuation (not included in the initial report) related to the evaluation and treatment of contacts shall be sent to DSHS on the TB-340 and TB-341 at intervals of90 days, 120 days, and 2 years after the day the Contractor became aware of the TB case.

Electronic reporting to DSHS for Class 3 TB cases, smear positive Class 5 TB suspects, and their contacts may become available during the term of this Contract. Once notified of this option by DSHS, Contractor may avail itself of this option if it adheres to all the electronic reporting requirements (including system requirements) provided at that time.

Contractor shall submit, to a Clinical Laboratory Improvement Amendments (CLIA) certified laboratory, specimens collected from TB snspects for acid-fast bacilli testing. Mycobacterium tuberculosis isolate from the culture-confirmed specimen shall be submitted to the DSHS laboratory within thirty (30) days of culture confinuation, to detenuine the tuberculosis specimen genetic profile (genotyping). Isolates shall be shipped by courier to Department of State Health Services, Laboratory Services Building, 1100 West 49th Street, Austin, Texas 78756 or by United States Postal Service to Department of State Health Services, Laboratory Services Section, MC 1947, PO Box 149163, Austin, Texas 78714-9803. Contractor must follow DSHS requirements for specimen shipping and mailing (see http://www.dshs.state.tx.us/labIMRS_shipping.shtm).

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 Contract, without waiving the enforceability of any of the other tenus of the Contract or any other method of determining compliance.

1. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Direct Observed Therapy )DOT);

2. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less;

* Exclude TB cases 1) diagnosed at death, 2) who die dming therapy, 3) who are resistant to rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB.

3. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. If


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data indicates a compliance rate for this Performance Measure of less than 97%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a time1ine set by DSHS;

4, Newly-reported cases ofTB eases with Acid-fast Bacillis (AFB) positive sputum culture results will have documented conversion to sputum culture-negative within 60 days of initiation of treatment. If data indicates a compliance rate for this Performance Measure of less than 43%, then DSHS may (at its sole discretion) require additional measures by taken by Contractor to improve that percentage on a timeline set by DSHS;

5, Newly-reported TB cases shall have an HIV test performed (unless they are known HIVpositive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS with TB test results according to the schedule provided herein, If fewer than 78% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a timeline set by DSHS;

6, Newly-reported suspected cases of TB disease shall be started in a timely manner on the recommended initial4-drug regimen. Iffewer than 93% ofnewly-reported'TB cases are started on an initial r-drug regimen, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a timeline set by DSHS;

7. Newly-reported TB patients with a positive AFB sputum-smear result shall have a t least three contacts identified as part of the contact investigation that must be pursued for each case. If data indicates a compliance rate for this Performance Measure of less than 90%, then DSHSmay (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a timeline set by DSHS;

8, Newly-identified contacts, identified through the contact investigation, that are associated with a sputum APB smear-positive TB case shall be evaluated for TB infection and disease. If data indicates a compliance rate for this Performance Measure of less than 80.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a timeline set by DSHS;

9. Contacts, identified through the contact investigation, that are associated with a sputum APB smear-positive case and that are newly diagnosed with latent TB infection (LTBI) shall be started on timely and appropriate treatment. If data indicates a compliance rate for this Performance Measure of less than 60%, then DSHS may (at its sole discretion) require additional measure by taken by Contractor to improve that percentage on a timeline set by DSHS;

10. Contacts, identified through the contact investigation, that are associated with a sputum APB smear-positive case that are newly diagnosed with LTBI and that were started on treatment shall complete treatment for LTBI. If data indicates a compliance rate for this Performance Measure of less than 40%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a timeline set by DSHS;

11, Newly-reported TB patients that are older than 12-years-old and that have a pleural or respiratory site of disease shall have sputum APB-culture results reported to DSHS. If data indicates a compliance rate for this Performance Measure of less than 88.5%, then


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DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage on a timehne set by DSHS; and,

12. Reporting to DSHS shall be completed as described herein and submitted by the deadlines given.

If Contractor fails to meet any of the performance measures, Contractor shall furnish in the narrative report due March 1,201 I, a written explanation inclnding a plan to meet those measures. Nothingin this provision acts to constrain enforcement options for DSHS regarding any contract breach

SECTION Ill. SOLICITATION DOCUMENT:

Exempt - Governmental Entity

SECTION IV. RENEWALS:

None

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 documentation should be mailed or submitted by fax or electronic mail to the addresses/number below.

Department of State Health Services Claims Processing Unit 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347

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

SECTION VII. BUDGET:

SOURCE OF FUNDS: STATE

SECTION VIll. SPECIAL PROVISIONS:


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General Provisions, Article I, COMPLIANE AND REPORTING, Section 1.07 Statutes and Standards of General Applicability, is amended to include the following:

Contractor, as a subrecipient of federal grant funds, is prohibited from texting while driving a federal government owned vehicle and from texting while using government furnished electronic equipment while driving any vehicle, including any privately owned or governmental owned vehicle, "Texting" means reading from or entering data into any handheld or other electronic device, including SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication, "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary due to traffic, a traffic light, stop sign or otherwise, "Driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary, "Government furnished electronic equipment" means any electronic equipment that may be used for texting and for which any payment is made, in part or in whole, under this program attachment. The Contractor is responsible for ensuring its employees are aware of this prohibition and adhere to this prohibition,

General Provisions, Article III, Funding, Section 3.06 Nonsuppianting, is revised to iuclude the following:

Funding from this Contract shall not be used to supplant (i,e" used in place of funds dedicated, appropriated or expended for activities funded through this Contract) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity, Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' share set out in SECTION VII. BUDGET, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Contract.

All revenues directly generated by this Contract or earned as a result of this Contract during the term of this Contract are considered program income; including income generated through Medicaid billings for TB related clinic services, Contractor may use the program income to further the scope of work detailed in this Contract, and must keep documentation to demonstrate such to DSHS' s satisfaction, This program income may not be used to take the place of existing local, state, or federal program funds.

General Provisions, Article IV, Payment Methods and Restrictions, Section 4.05, Financial Status Reports (FSRs), is hereby revised to add:

Quarterly Fiuancial Status Reports (Form 269A) from Contractor shall be provided to DSHS in the format provided by the DSHS, These reports shall be mailed to Texas Department of State Health Services, Attention: Accounting Section, Claims Processing Unit, 1100 West 49'h Street, PO Box 149347, Austin, Texas 78714-9347, One (1) copy of each quarterly financial status report shall be mailed to the Texas Department of State Health Services, Attention: TB Services


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Branch, Mail Code 1939, 1100 West 49th Street, PO Box 149347, Austin, Texas 78714-9347. These reports shall be submitted on a quarterly basis as follows:

PERIOD COVERED DUE DATE September, October, November December 30, 2010 December, January, February March 30, 2011 March, April, May June 30, 201 I June, July, August November 1, 2011

General Provisions, Article XIII. General Terms, 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 90 days prior to the end of the term of this Program Attachment.


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2012-039417-001

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 $1,157,347.00

$622,529.00

$273,029.00

$77,338.00

$3,962.00

$46,934.00

$0.00

$15,150.00

$1,038,942.00

$118,405.00

$1,157,347.00

$1,157,347.00

$0.00

$0.00

Financial status reports are due: 12/30/2011,03/30/2012, 07/02/2012, 10/30/2012

Equipment List Attached.

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.

Equipment List

Equipment Total: $ 3,962.00

Item # Equipment Description

1 Pediatric Immobilizer and Positioner (PIGG-O-Stat) " "._-_.

1 5

Units Unit Cost Total

1 $3,962.00 $3,962.00

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TEXAS DEPARTMENT OF STATE HEALTH SERVICES

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERA TIVE

AGREEMENTS

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

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

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

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

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

Signature

Clay Lewis Jenkins Print Name of Authorized Individual

2012·039417 Application or Contract Number

DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT Organization N arne

Date

CSCU # EF29·12374· Revised 08.10.07

DALLAS COUNTY HEALTH AND HUMAN SERVICES IMMUNIZATION BRANCH-LOCALS GRANT

Itemized listing of Equipment and Other Items

~i=~~Ct},~~n~~Yjpe~~nn~~~~~fs~~=OF IT~~ .......... ~~ $ u~~~~~;~Olio$~:1Jrs.~a.ryJ~rTg fUII:ti.me~~=n~1~~A~~~ons .. ....... __ I I I ITB Program Managers Meeting, Medical Records Meeting, National TB Conference,

,, __ ~ _____ ~ __ .. ___ l __ . ________ ~~~~,~ Confere,'lC?e Training ,~.,, ____ ._._.~ __ ~ __ .. _1 __ ~_ 21,838.00 $_ 21,838.00 I ~.frican Ameril??n Project Training __ ~ ___ . _____ ~ ___ ~_. ___ , 4 _ ~, Travel _, Local Mileage _ _ 100000 $ 0.56 $ 55,500.00 Local mileage for employees

-_4~~~-_-:Cj~~quipm~nT--- peCiTa-trfClmmobil1zer and Positioner (P1GGl f-·---t-$~T962001 $ 3,962.00-- To reduce x-ray retakes on infants and~'children .-.- -.---.~,-------,----, 5 ,- -_I -~uppties ~ _ I' office Supp~~""'~'~ ------------==t=~. 1 _ $ 29,438.00 $-·29:i48.00"' Va~ousconsumable offlcesuPPllesWlth nC;-onetterntCi"8xceed $499

---===~=I~'~-'-su~PPTies _~~~~:, !Y1_~a.icaTSuPPTI~~_====:~ ~ r=::-- -l·~~·.·17,186l1O ,-r 17,186.00 Various consumable medi~l supplies wIth- no one item to exceed $499 7 i Other r Registration for National TB Conference in I 1 $ 1,300.00 i $ 1,300.00 ,Conference Registration Fees --~ .. -,----------

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

__ 8_.~ . Othe.c _ ~f'0stage & Frelg.h.t_~. __ .___ I 1 ~?50.0().LL ... 1,250.00 IVar;ous Mailings_. . ...... _~~.~ .... _ .. __ .. ~~~~~._~. __ 9 ___ , _____ Othe~ ~~~ ___ ~ _._____ 1_ --tJ __ 6,000.00 $ . __ 6,OOO.Q9 \P~lntl~~£i?.~ts for posters, flyers, handouts, .. banners to" .. be used for ~.~l:!cation, ' ,

- 1 I =L I IS"mal! Items to promote patient compliance (t5US1lckets tor transportation to cllnlc-,---·-I . I I IMcDonald

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s coupons, W.algreens gift cards, bottled water for homeless patle. nt so. take 10 I Other IIncentlves 1 i $ 6,60000 $ 6,600.00 TB meds) 28 ---r~ - !ndirect---lndlrectCos-t--- -- I 12--rs-9~86To8 $ 118,405.0QJlndjfectCost(6a!l,","""'''''·''h'fi~~.~h\ .. ._.-------.---.-

....>.

---.J

DALLAS COUNTY HEALTH AND HUMAN SERVICES ic.OMINISTRA TION

ZACHARY S. THOMPSON DIRECTOR



DATE: September 13,2011

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SUBJECT: FY20121NTERLOCAL HEALTH SERVICES AGREEMENT

BACKGROUND

Each year since 1980, Dallas County has negotiated interlocal agreements with most of the 25 cities within the County for services related to operating the Dallas County Communicable Disease Program (the "Program"). Each participating city pays a pro-rata share of the County's sexually transmitted diseases, tuberculosis, communicable diseases, and laboratory budgets; the pro-rated costs are based on health services provided to each City the previous year.

OPERATIONAL IMPACT

Cities that execute the attached interlocal agreement and agree to pay their pro-rata share of communicable disease costs are afforded certain "within-city limits immunizations" and other well child services, while those cities that do not pay their share of communicable diseases costs are provided immunization services at the main Dallas County Health and Human Services facility. The County is mandated to provide barrier-free immunization services to Dallas residents; however, that does not require that the services be provided within each city's limits. The current arrangement is legally acceptable. In FY'10 of the 25 cities within the County, eight (8) cities did not recognize an obligation to pay a pro-rated share of communicable disease services. These cities include DeSoto, Duncanville, Garland, Mesquite, Richardson, Rowlett, Seagoville, and Wilmer. The City of Dallas' contribution to the Program was negotiated in 1987 and currently remains intact.

FISCAL IMPACT

The County's anticipated revenue, represented by the cities that historically have participated in the Interlocal Health Services Agreement, amounts to one hundred ninety thousand, nine hundred sixty-seven dollars ($190,967.00). The cost of implementing the FY'11 Program is two million, two hundred thousand, seven hundred thirtY-Six dollars ($2,200,736.00). Of that total, two million, nine thousand, seven hundred sixty-nine dollars ($2,009,769.00) represents the County's contribution to public health communicable disease services in Dallas County. The City of Dallas' share of that cost, one million, seven hundred fiftyfour thousand, two hundred fifty-two dollars ($1,754,252.00), is offset by savings negotiated with the City of Dallas in the March 30, 1987 Agreement. All cities will pay in 12 consecutive payments, with the exception of the Towns of Addison, Highland Park, Sunnyvale, and the City of Sachse who will pay in one lump sum.

2377 N. Stem mons Freeway Suite 644 LB· 1 6

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

1 9

LEGAL IMPACT

Commissioners Court September 13,2011

Page 2

The County Judge is required to sign the Interlocal Health Services Agreement after approval by the Commissioners Court. The District Attorney's Office, Civil Section has reviewed and modified the contract content, and the contracts have been approved as to form.

PROJECT SCHEDULE

The FY 2012 Interlocal Health Services Agreement must be prepared in order to be delivered to the cities in time for their budgeting process. All signed contracts will be effective October 1, 2011 through September 30, 2012.


Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The Interlocal Health Services agreement is included under the strategy for the provision of disease prevention, health promotion and human service programs to County Residents.

RECOMMENDATION

It is the recommendation of the Dallas County Health and Human Services Department that the Commissioners Court approve the following: (1) re-issuing of the Interlocal Health Services Agreements for the following cities: Addison, Balch Springs, Carrollton, Cedar Hill, Cockrell Hill, Coppell, Farmers Branch, Glenn Heights, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Sachse, Sunnyvale, and University Park; (2) authorizes the fee schedule as attached; and (3) authorizes the County Judge to sign the Interlocal Health Services Agreement on behalf of Dallas County.

Recommended by: 7""-:;41._4-;;'<-__ -;1''-, _______ _

attachments

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

THE STATE OF TEXAS

COUNTY OF DALLAS

1. PARTIES

§ § § § §

§

20

INTERLOCAL AGREEMENT FOR COORDINATED HEALTH SERVICES BETWEEN DALLAS COUNTY, TEXAS, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND THE CITY/TOWN OF XX, TEXAS

Whereas, Dallas County ("County") has offered to provide certain health services to the various cities throughout Dallas County on a contract for services basis; and

Whereas, the City/Town of Xx, Texas ("City/Town") desires to participate with County in establishing coordinated health services for City/Town and Dallas County; and

Whereas, County will operate certain health services for the residents of City/Town in order to promote the effectiveness oflocal public health services and goals ("Program"); and

Whereas, the cooperative effort will allow cities located within Dallas County to participate in providing public health services for their residents; and

Whereas, such cooperative effort serves and further the public purpose and benefit the citizens of County as a whole.

Now therefore, County, on behalf of Dallas County Health and Hwnan Services ("DCHHS"), enters into this Interlocal Agreement ("Agreement") with City/Town, pursuant to the authorities of the Texas Health and Safety Code Chapter 121, the Texas Government Code Chapter 791, and other applicable laws for health services to City/Town.

2. HEALTH SERVICES TO BE PERFORMED

A. County agrees to operate the Program, which will include the following health services:

I) Tuberculosis Control Services: providing preventive, diagnostic treatment, and epidemiological services;

2) Sexually Transmitted Disease Control Services: consisting of education to motivate people to use preventive measures and to seek early treatment, prophylaxis, epidemiological investigation, and counseling in accordance with County policy;

3) Communicable Disease Control Services: providing information concerning immunization and communicable diseases and coordinating with the Texas Department of State Health Services ("DSHS") in monitoring communicable diseases;

ILA FOR COORDINATED HEALTH SVCS BETW DALLAS COUNTY & CITY ITOWN OF XX-20 12

2 1

4) Laboratory Services: perfonning chemical, biological, and bacteriological analysis and tests on which are based diagoosis of disease, effectiveness of treatment, the quality of the environment, the safety of substance for human consumption, and the control of communicable disease;

B. County agrees to provide to City/Town, in accordance with state and federal law, the following public health services:

I) Immunizations;

2) Child health care;

3) High risk infant case management; and

4) Home visits.

County also agrees to work with City/Town in order to decentralize clinics and to plan and provide for desired services by City/Town; however, any other services that City/Town requires, in addition to the above mentioned services, may result in additional fees to City/Town.

C. County agrees to charge a sliding fee based on ability to pay to all residents of every municipality, including City/Town, in Dallas County. The fees charged by County for the services listed in Section 2A of this Agreement will be used to offset the City/Town's Program costs for the next Agreement Term. A schedule of fees to be charged by Couilty is set out in Exhibit A attached and incorporated herein by reference for all purposes.

D. County agrees that the level of service provided in the Program for City/Town will not be diminished below the level of service provided to City/Town for the same services in the prior Agreement Term except as indicated in Section 2E ofthis Agreement. For purposes of Section 2E, level of service is measured by the number of patient visits and number of specimens examined. COlmty will submit to City/Town a monthly statement, which will also include the number of patient visits and number of specimens examined during the preceding month.

E. The possibility exists of reductions in state and federal funding to the Program that could result in curtailment of services if not subsidized at the local level. County will notify City/Town in writing of any amount of reduction, and any extent to which services will be curtailed as a result. The notice will also include an amount that City/Town may elect to pay to maintain the original level of services. City/Town will notify County in writing no later than fourteen (14) calendar days after the date of City/Town's receipt of the notice of funding reduction as to City/Town's decision to pay the requested amount or to accept the curtailment of service. If City/Town elects to pay the requested amount, payment is due no later than forty-five (45) calendar days after the date of the notice of funding reduction.

3. BUDGET

2 ILA FOR COORDlNA TED HEALTH SVCS BETW DALLAS COUNTY & CITY/TOWN OF XX-20 12

22

A. County agrees to submit to City/Town by July 31st of each year a proposed budget describing the proposed level of services for the next Agreement Tenn;

B. For the Term ofthis Agreement County agrees to provide the services listed in Section 2 of this Agreement at the level of services and for the amount stated in Exhibit D, which is attached and incorporated herein by reference for all purposes;

C. Payment. City/Town shall pay County the following amount, as stated in Exhibit D, and /100 Dollars

($ .~, which is the agreed upon amount for City/Town's share of the total cost ofthe Program less federal and state funding.

D. In lieu of paying the actual dollar amount stated in this Agreement, CitylTown has the option, to the extent authorized by law, ordinances or policy, of making a request to negotiate for inkind services that are equal in value to the total amount.

E. This Agreement is contingent upon City/Town's appropriation offunds, or ability to perform in-kind services as described in Section 3D of this Agreement, for the services set forth herein. In the event City/Town fails to appropriate such funds, or provide in-kind services, County shall not incur any obligations under this Agreement.

4. ASSURANCES

A. County shall operate and supervise the Program.

B. Nothing in this Agreement shall be construed to restrict the authority of City/Town over its health programs or environmental health programs or to limit the operations or services of those programs.

C. City/Town agrees to provide to County or assist County in procuring adequate facilities to be used for the services under this Agreement. These facilities must have adequate space, waiting areas, heating, air conditioning, lighting, and telephones. None of the costs and maintenance expenses associated with these facilities shall be the responsibility of County and County shall not be liable to City/Town or any third party for the condition of the facilities, including any premise defects.

D. City/Town and County agree that other cities/towns/municipalities may join the Program by entering into an agreement with County that contains the same basic terms and conditions as this Agreement.

E. Each party paying for the perfonnance of governmental functions or services under this Agreement must make those payments from cun-ent revenues available to the paying pmty.

5. FINANCING OF SERVICES

A. The health services provided under this Agreement will be financed as follows:

3 [LA FOR COORDINATED HEALTH SVCS BETW DALLAS COUNTY & CITY/TOWN OF XX--2012

23

1) City/Town and County will make available to the Program all appropriate federal and state funds, personnel, and equipment to provide the health services included under this Agreement and will use best efforts to cause these funds and resources to continue to increase.

2) City/Town shall pay to County, or provide in-kind services, its share of budgeted costs that are in excess of the federal and state funding for providing the health services under this Agreement. Budgeted costs shall not exceed those reflected in Exhibits B, C and D for the appropriate Agreement Term.

B. County shall bill City/Town each month an amount equal to one-twelfth (1/12) of its share of annual budgeted costs that exceed federal and state funding for the expenses of the preceding month.

C. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.

D. City/Town and County agree that no more than ten percent (10%) ofthe City/Town's cost of participating in the Program will be used for administration of the Program.

6. TERM

The Term ofthis Agreement shall be effective from October 1, 2011 through September 30, 2012, unless otherwise stated in this Agreement.

7. TERMINATION

A. Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) calendar days prior written notice to the other party.

B. With Cause: Either party may terminate the Agreement immediately, in whole or in part, at its sole discretion, by written notice to the other party, for the following reasons:

1) Lack of, or reduction in, funding or resources;

2) Non-performance;

3) The improper, misuse or inept use of funds or resources directly related to this Agreement;

4) The suhmission of data, statements and/or reports that is incorrect, incomplete and/or false in any way.

8. RESPONSIBILITY

County and City/Town agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without

4 ILA FOR COORDINATED HEALTH SYCS BETW DALLAS COUN1Y & CITY/TOWN OF XX-2012

24

waiving any governmental immunity available to County or City/Town or their respective officials, officers, employees, or agents under Texas or other law and without waiving any available defenses under Texas or other 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.

9. INSURANCE

City/Town and County agree that they will, at all times during the Term of this Agreement, maintain in full force and effect insurance or self-insurance to the extent pennitted by applicable laws. City/Town and County will be responsible for their respective costs of such insurance, any and all deductible amounts in any policy and any denials of coverage made by their respective insurers.

10. ACCESS TO RECORDS RELEVANT TO PROGRAM

City/Town and County agree to provide to the other upon request, copies of the books and records relating to the Program. City/Town and County further agree to give CitylTown and County health officials access to all Program activities. Both City/Town and County agree to adhere to all applicable confidentiality provisions, including those relating to Human Immunodeficiency Virus (HIV) and Sexually Transmitted Disease (STD) infonnation, as mandated by federal and State law, as well as by DSHS.

11. NOTICE

Any notice to be given under this Agreement shall be deemed to have been given if reduced to writing and delivered in person by a reputable courier service or mailed by Registered Mail, postage pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth below. Such notice, demand or request shall be deemed to have been given, ifby courier, at the time of delivery, or if by mail, three (3) business days subsequent to the deposit of the notice in the United States mail in accordance herewith. The names and addresses of the parties' hereto to whom notice is to be sent are as follows:

Zachary Thompson, Director Dallas County Health & Human Services 2377 N. Stemmons Freeway, LB 12 Dallas, TX 75207-2710

12. IMMUNITY

City/Town of Xx

This Agreement is expressly made subject to County's and City/Town's Governmental Immunity, including, without limitation, Title 5 of the Texas Civil Practices aud Remedies Code, and all applicable federal aud state laws. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, that Cityrrown or County has by operation of law or otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary.

13. COMPLIANCE WITH LAWS AND VENUE

5 ILAFOR COORDINATED HEALTH SVCS BETW DALLAS COUNTY & CITY/TOWN OF XX~2012

25

In providing services required by this Agreement, City/Town and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, mles, and regulations. Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas.

14. AMENDMENTS AND CHANGES IN THE LAW

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

15. ENTIRE AGREEMENT

This Agreement, including all Exhibits and attachments, constitutes the entire agreement between the parties hereto and supersedes any other agreements concerning the subject matter ofthis transaction, whether oral or written.

16. BINDING EFFECT

This Agreement and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns ofthe parties hereto, as well as the parties themselves.

17. GOVERNMENT FUNDED PROJECT

If this Agreement is funded in part by either the State of Texas or the federal government, County and City/Town agree to timely comply without additional cost or expense to the other party, unless otherwise specified herein, to any statute, mle, regulation, grant, contract provision or other State or federal law, mle, regulation, or other similar restriction that imposes additional or greater requirements than stated herein and that is directly applicable to the services rendered under the terms of this Agreement.

18. DEFAULT/ CUMULATIVE RIGHTS/ MITIGATION

In the event of a default by either party, it is not a waiver of default if the non-defaultingpartyfails to immediately declare a default or delays in taking any action. The rights and remedies provided by this Agreement are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Both parties have a duty to mitigate damages.

19. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained herein, the obligations of County and City/Town under this Agreement are expressly contingent upon the availability of funding for each item and obligation

6 ILA FOR COORDfNATED HEALTH SVCS BETW DALLAS COUNTY & CITY/TOWN OF XX-·20l2

26

contained herein for the Term of the Agreement and any extensions thereto. City/Town and County shall have no right of action against the other party in the event the other party is uuable to fulfill its obligations under this Agreement as a result oflack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future Agreement Terms. In the event that County or City/Town is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, each party, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the other party at the earliest possible time.

20. COUNTERPARTS, NUMBER, GENDER AND HEADINGS

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 instruruent. Words of any gender used in this Agreement shall be held and construed to include any other gender. Any words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement.

21. PREVENTION OF FRAUD AND ABUSE

City/Town and County shall establish, maintain and utilize internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Agreement. Any known or suspected incident of fraud or program abuse involving County or CitylTown's employees or agents shall be reported immediately for appropriate action. Moreover, City/Town and County warrant to be not listed on a local, county, State or federal consolidated list of debarred, suspended and ineligible contractors and grantees. City/Town and County agree that every person who, as part of their employment, receives, disburses, handles or has access to funds collected pursuant to this Agreement does not participate in accounting or operating functions that would permit them to conceal accotmting records and the misuse of said funds. Each party shall, upon notice by the other party, refund their respective expenditures that are contrary to this Agreement.

22. AGENCY / INDEPENDENT CONTRACTOR

County and City/Town agree that the terms and conditions of this Agreement do not constitute the creation of a separate legal entity or the creation oflegal responsibilities of either party other than under the terms of this Agreement. County and City/Town are and shall be acting as independent contractors under this Agreement; accordingly, nothing contained in this Agreement shall be construed as establishing a master/servant, employer/employee, partnership, joint venture, or joint enterprise relationship between County and City/Town. City/Town and County arc responsible for their own acts, forbearance, negligence and deeds, and for those oftheir respective officials, agents or employees in conjunction with the performance of work covered under this Agreement.

23. SEVERABILITY

If any provision ofthis Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions in this Agreement. The illegal or invalid provision will be

7 ILA FOR COORDINATED HEALTH SYCS BETW DALLAS COUNTY & CITY/TOWN OF XX-20l2

27

deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated.

24. SIGNATORY WARRANTY

Each person signing and executing this Agreement does hereby warrant and represent that such person has been duly authorized to execute this Agreement on behalf of City/Town or County, as the case maybe.

DALLAS COUNTY:

By: Clay Lewis Jenkins Dallas County Judge

DATE: __________________ __

Recommended:

By: Zachary Thompson Director, DCHHS

Approved as to Form*:

/7 ;:;~ '// . , ~/ ~- - . .'

/ Gordon Hikel Chief, Civil Division Assistant District Attorney

CITY/TOWN OF XX:

By: City/Town ManagerlMayor

DATE: _____________________ __

Attested:

By: City/Town Secretary

Approved as to Form:

By: City/Town Attorney

-By law, the District Attorney's Office rnay only advise or approve contracts or legal documents on behalf of its clients. Itmay not advise or approve a contractor legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

8 ILA FOR COORDINATED HEALTH SVCS BETW DALLAS COUNTY & CITY ITOWN OF XX--20 12

28 EXHIBIT A

FY 2012 FEE SCHEDULE (PROPOSED)

Treatment Blood Drawing Cryotherapy Chemical Lesion Reduction Medical Records Copies

TUBERCULOSIS

TB Testing-Levell (Office Visit) TB Testing-Levell! (QuantiFeron) Chest X-Ray Copies

LABORATORY

Wet Prep Gram Stain GC Culture RPR GEN Probe GC Screen GEN Probe CT Screen HIVTest HIV Test - Rapid Salmonella/Shigella TB Culture & Concentration TB Identification TB Susceptibility TB Acid Fast Stain

NURSING SERVICE

Hepatitis A Havrix' Hepatitis B Vaccine* Twinrix HDCV (1I1Il) Rabies HDCV (ID) Rabies Pneumococcal" Adacel (Pertusis) Hepatitis C Screening Japanese Encephalitis Meningococcal Vaccine Typhoid (Polysaccharide) Typhoid (Oral) Varivax'" Yellow Fever Vaccine Boostrix Vaccine HIB

Rabies Administrative Feel Serves State Vaccine Foreign Travel Office Visit Fee

ENVIRONMENTAL HEALTH

Septic Tank Inspection

Septic Tank Re-inspection

Food Establishment Inspection Half-Way Houses & Boarding Homes, Residential Mosquito Spraying for Non-

$20 - $45 (Sliding Scale) $5 $15 $45 $5 each

$30 $50 $5

$6 each $6 each $14 each $11 each $47 each $47 each $15 each $20 each $16 each $25 each $15 each $31 each $ 8 each

$501lnjection $165lSeries $65f1njection $270/S"r;es $270lSeries $5SlInjection $55finjection $35fTest $345lSeries $125f1njec!ion $651lnjection $50lbox $11 Oflnjection $1 Do/lniection $451lnjection $45linjection

$25 $25

#$310ICommerciaIIBusiness #$260IResidential

$35lResidential $85lCommercial $150lyr.lestablishment $75lplus $25 for each additional unit on site

contracting cities $1851 per hour Water Sample $50 Mosquito Testing $35 Food Mgr. Cert. Program $100/per person Food Mgr. Cert. Retesting $50/per person Note: 1) # Indicates $10 charge for State fee

CRIMINAL TESTING

Blood Draws Buccal Swabs

Comprehensive TB Testing & Evaluation (Incl. Chest X-ray)

MTD Testing for TB Pregnancy Test Urinalysis Dark Field Chancroid Culture Herpes Culture Herpes Type 1 & 2 Serology Group A Strep Urine Screen: Neisseria Gonorrhoeae Chlamydia Trachomatis Lead Screen Staphylococcus/Aureus Culture

Influenza Vaccine* IIIlMR' m' IPV

IIIlenac!r. (I\IICV4)~ Zogtav.x (Shingles), Garda.il (HPVr

ImmunizafionNFC Program: DPT,DT,H'lb, Well Baby Diabetic Testing

Records: Immunization Record Foreign Travel Yellow Card

$38 $38

$80

$40/ each $20 each $15 each $16 each $10 each $38 each $50 each $14 each

$47 each $47 each $10 each $17 each

$20/lnjection $7Sllnjedion $40/lnjection $45/lnjection

$1251lnjection "215.00/lnjec!ion $165.001Injection

$5/Per child $5Nisit $5fTest

$5 each $5 each

Note: Vaccines marked with an asterisks are part of the Adult Safety

Net Program (ASNP). Clients eligible to receive services through

the ASNP will be charged a fee of $10/shot.

Day Care Center Inspections Temporary Food Permit

Funeral Home Inspection FHA, VA, Conventional Loans

Annual Group Home Inspection Food Handler Class Sub-division Plat Approval

Animal Control/Quarantine Anima! ControlNicious Anima! Food Manager Re-certification W/Multiple Test Sites

$2/per authorized child $75/plus $10 per day

$200 $125/Licensed $150/Unlicensed $50 $15/per person

$200/Residential $150/Commercial $7/per day $12/per day $50fTest

29

January, 2010 thru December, 2010

Municipality Tuberculosis

Addison 129 Balch Springs 419

Carrollton 819 Cedar Hill 590

Cockrell Hill 200 Coppell 322

Dallas 34576 Desoto 435

Duncanville 766 Farmers Branch 297

Garland 5468 Glenn Heights 111 Grand Prairie 2152

Highland Park 0 Hutchins 61

Irving 4642 Lancaster 527

11J1 ... __ #.:4-_ -in')'" '1'''':;';:::''''' U "f;; Iv<.)""t

Richardson 527 Rowlett 713 Sachse 217

Seagoville 151 Sunnyvale 20

University Park 3 Wilmer 60

Out of County 1254

Total 56393 May 25, 2011

Sexually Transmitted

Diseases

58 199 232 389

0 39

14511 460 252

62 876

74 547

1 38

1084 562 ~n~ tOL

209 64 11 75 2 0

70 1835

22432

Laboratory

366 1136 2427 442

18 64

77401 573

1056 916

9210 167

3327 0

206 8020 1220 3904 1355

391 51

526 2 0

562 163369

276709

EXHIBIT B

Communicable Disease

374 269 584 340 38

348 45584

552 503 345

1178 34

1462 62 70

1707 645

1377 3853 363 112 84 43

142 10

6827

66906

DALLAS COUNTY HEALTH & HUMAN SERVICES EXHIBITC

FY'12

Public Communicable TB sm Health Disease FY'12

Municipality Clinic Clinic Lab Control Contract Total

Addison 3,403 4,076 1,835 2,767 2,500 Balch Springs 11,055 13,985 5,695 1,990 9,377 Carrollton 21,608 16,304 12,167 4,320 23,823 Cedar Hill 15.566 27,337 2,216 2,515 2,498 Cockrell Hill 5,277 ° 90 281 2,301 Coppell 8,495 2,741 321 2,574 3,131 Dallas 912,235 1,019,755 388,038 337,206 1,754,252 Desoto 11,477 32,326 2,873 4,083 17,620 Duncanville 20,210 17,709 5,294 3,721 11,273 Farmers Branch 7,836 4,357 4,592 2,552 6,856 Garland 144,265 61,561 46,173 8,714 80,156 Glenn Heights 2,929 5,200 837 252 574 Grand Prairie 56,777 38,440 16,679 10,815 38,854 (0 Highland Park 0 70 0 459 132 0 Hutchins 1,609 2,670 1,033 518 3,149 Irving 122,472 76,178 40,207 12,627 81,906 Lancaster 13,904 39,494 6,116 4,771 12,106 Mesquite 51,026 54,955 19,572 10,186 31,608 Richardson 13,904 14,687 6,793 28,502 23,756 Rowlett 18,811 4,498 1,960 2,685 4,925 Sachse 5,725 773 256 829 362 Seagoville 3,984 5,271 2,637 621 6,440 Sunnyvale 528 141 10 318 99 University Park 79 ° ° 1,050 48 Wilmer 1,583 4,919 2,818 74 2,597 Out of County 33,085 128,954 819,025 50,502 77,142

$1,487,844 $1,576,401 $1,387,238 $494,934 $2,197,485

May 25,2011

MUNICIPALITIES

ADDISON

BALCH SPRINGS

CARROLLTON

CEDAR HILL

COCKRELL HILL

COPPELL

* DALLAS

* DESOTO

* DUNCANVILLE

FARMERS BRANCH

* GARLAND

GLENN HEIGHTS

GRAND PRAIRIE

HIGHLAND PARK

HUTCHINS

IRVING

LANCASTER

* MESQUITE

* RICHARDSON

* ROWLETT

SACHSE

* SEAGOVILLE

SUNNYVALE

UNIVERSITY PARK

* WILMER

* UNINCORPORATED

TOTAL

*NON"CONTRACTING CITIES May 25, 2011

31

EXHIBIT D

FY'12 CONTRACT COSTS

CONTRACT COST

$2.500

$9.377

$23.823

$2.498

$2.301

$3.131

$1.754.252

$17.620

$11.273

$6.856

$80.156

$574

$38.854

$132

$3.149

$81.906

$12.106

$31.608

$23.756

$4.925

$362

$6.440

$99

$48

$2.597

$77.142

$2,197,485

32 DA! .LAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Division

ZACHARY S. THOMPSON DIRECTOR

MEMORANDUM




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-< SUBJECT: AGREEMENT BETWEEN THE CITY OF GARLAND AND DALLAS COUNTY HEALTH AND HUMAN SERVICES

BACKGROUND

Currently, Dallas County Health and Human Services (DCHHS) Environmental Health Division provides On-Site Sewage Facilities inspections, food service establishment inspections, childcare center inspections, and communicable disease investigations to the City of Sachse. However, the City of Garland and the City of Sachse have agreed, to allow the City of Garland to provide communicable disease investigations, control for all vaccine preventable diseases and enteric illnesses. Therefore, Dallas County Health and Human Services is requesting approval of this agreement between the City of Garland and DCHHS . In addition, the City of Garland will provide to the citizens of Sachse all immunizations and well-child services at the same fees required of Garland residents.

The City of Garland will notify DCHHS of all occurrences of food-borne illness outbreaks, reportable communicable diseases as they pertain to food service establishments and childcare centers, and all cases of mosquito-borne illnesses occurring in the City of Sachse. This Agreement becomes effective when executed by both parties. The Agreement remains in effect for five years, and may be renewed for a period of five years by written amendment signed by both parties.

OPERATIONAL IMPACT

There is no operational impact to Dallas County.

LEGAL IMPACT

The County Judge is required to sign the contract after approval by the Commissioners Court. The District Attorney's Office, Civil Section has reviewed and modified the contract content and the contract has been approved as to form.

FISCAL IMPACT

There is no fiscal impact to Dallas County.


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 does hereby approve the Agreement between the City of Garland and Dallas County Health and Human Services, and authorizes the County Judge to sign the agreement on behalf of Dallas County.

Recommended:_~=",-;"e-"'-~#'--:>_·-_· ~=J __

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

2377 N. Stemmons Freeway Suite 644 - LB 12

Dalias, Texas 15207-2710 Office (214) 819-1870 FAX (214) 819-6012

33

Agreement Between

The City of Garland Health Department, The City of Sachse,

and

Dallas County Health & Human Services

This Agreement ("Agreement") is entered into between the City of Garland Health

Department and Dallas County Health & Human Services ("DCHHS"). The City of

Garland is a Home Rule City. The City of Sachse is a Home Rule City. The Interlocal

Cooperation Act, Government Code Chapter 791, governs this Agreement. The City of

Garland and DCHHS are not responsible for any civil liability that may arise from the

furnishing of a service under this contract.

I. Purpose

The City of Garland Health Department and DCHHS are both local health departments

that provide public health services. Both have independent Health Authority's that

cooperate through signed Interlocal agreement and through informal understanding. The

City of Sachse has approved Garland's Health Authority as Sachse's Health Authority

through a Professional Services Contract signed by the two city's governing bodies. The

City of Sachse contracts with DCHHS for environmental health services.

II. Obligations of the City of Garland

1) The City of Garland Health Department will provide communicable disease

investigations and control for all vaccine preventable disease and enteric illnesses

identified within the City of Sachse.

2) The City of Garland Health Department will make available to the citizens of Sachse

all immunizations and Well Child services offered to the residents of Garland at the

same fees as required of Garland residents.

3) The City of Garland Health Department will provide notification of all occurrences of

food borne illness outbreaks, reportable communicable diseases as they pertain to

34

food service establishments and childcare centers, and all cases of mosquito-borne

illnesses that occur in the City of Sachse, to DCHHS Environmental Health Division.

III. Obligations of DCHHS

1) DCHHS shall provide all environmental health services for food establishments,

childcare centers, vector control, and will continue to regulate on-site sewage

facilities in the City of Sachse as required by the Professional Services Agreement

signed between DCHHS and the City of Sachse.

2) DCHHS shall provide tuberculosis and sexually transmitted disease control for the

City of Sachse, as DCHHS also provides to the City of Garland.

IV. Term

This agreement becomes effective when executed by both parties. Either party may

cancel it by giving thirty days notice to the other party; otherwise it remains in effect five

years and may be renewed for a period of five years by written amendment signed by

both parties. Any notice or communication required or permitted shall be given in writing.

V. Indemnification

The City of Garland, City of Sachse, and Dallas County agree that each shall be

responsible for its own negligent acts or omissions or other tortious conduct in the

course of performance of this Agreement, without waiving any governmental immunity

available to the Cities or County or their officials, officers, employees, or agents under

Texas or other law and without waiving any available defenses under Texas or other

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.

VI. Sovereign Immunity

This Agreement is expressly made subject to the City of Garland, City of Sachse and

Dallas County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies

35

Code, and all applicable federal and State law. The parties expressly agree that no

provision of this Agreement is in any way intended to constitute a waiver of any

immunities from suit or from liability that the parties or the Cities or County has by

operation of law. Nothing in this Agreement is intended to benefit any third party

beneficiary.

VII. Survival Clause

These provisions shall survive termination, expiration or cancellation of this Agreement

or any determination that this Agreement or any portion hereof is void, voidable, invalid

or unenforceable.

Richard T. Briley Director of Health City of Garland

Date: _____ _

City Manager City of Sachse

Date: ____ _

Zachary Thompson Director of Health Dallas County Health & Human Services

Date: ______ _

Clay Lewis Jenkins Dallas County Judge

Approved as to Form:

*8

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

36 PALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Division

Zachary Thompson Director

MEMORANDUM




SUBJECT: RENEWAL AGREEMENT WITH DALLAS METROCARE SERVICES

~ --0

I -J

C) '"1i2J -n c~ :x (,::)c :z: ~ ()--1

0-':' ::- c: ________________________________________________________________________ C'~~~

BACKGROUND It is the desire of Dallas Metrocare Services (formally Dallas County Mental Health and Mental Retardation) to renew the Agreement with Dallas County Health and Human Services to refer their employees to Dallas County Health and Human Services TB Elimination Program, who test positive on the Mantoux skin test, and those who have not been previously screened for TB. The services to be provided will include x-ray screening, medical evaluations, and medication, if necessary, for a flat fee of $80 per employee screened. There will be a monthly billing process for these services, with invoices being sent directly to Dallas Metrocare Services located at 1380 River Bend Drive, Dallas, Texas, 75247-4914.

OPERATIONAL IMPACT There is no impact on operations.

LEGAL IMPACT The County Judge is required to sign the Agreement after approval by the Commissioners Court. The District Attorney's Office, Civil Section, has reviewed and modified the Agreement content, and the Agreement has been approved as to form.

FINANCIAL IMPACT There is no financial impact to 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. The contract with Dallas Metrocare Services is included under the strategy for the provision of disease prevention, health promotion and human service programs to County residents.

PROJECT SCHEDULE This Agreement shall be effective for the period of September 1,2011 through August 31,2012.

RECOMMENDATION It is respectfully recommended that the Dallas County Commissioners Court does hereby approve the Agreement with Dallas Metrocare Services, and authorizes the County Judge to sign the Agreement on behalf of Dallas County.

Recommended by:

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

2377 N.Stemmons Freeway Suite 600 - LB 12

Dallas, Texas 75207-2710 Office (214) 819-1870 FAX (214) 819-6012

THE STATE OF TEXAS

COUNTY OF DALLAS

I. PARTIES

§ § § § § §

37

AGREEMENT BETWEEN DALLAS COUNTY, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT, AND DALLAS METROCARE SERVICES FOR TUBERCULOSIS SCREENING SERVICES

Pursuant to the authorities of Texas Government Code Chapter 791 "Interloca1 Cooperation Contracts," Texas Health and Safety Code Chapters 122 and 534, and other applicable laws, this Interlocal Agreement ("Agreement") is entered into by and between Dallas County ("County"), on behalf of the Dallas County Department of Health and Human Services ("DCHHS"), and Dallas MetroCare Services ("DMS"), a community mental health mental retardation center that serves the residents of Dallas County and is governed by a County Commissioners Court appointed Board of Trustees, for the provision ofDCHHS tuberculosis ("TB") screening services, including chest x-rays, medical evaluation and medication, to employees of DMS.

II. TERM

Unless otherwise stated, this Agreement is effective from September 1,2011 through August 31, 2012.

III. DUTIES

A. DCHHS shall perform TB screening services to those DMS employees, presented by DMS, at the main office located at 2377 N. Stemmons Freeway, Dallas, Texas 75207.

B. DMS shall pay DCHHS Eighty and 001100 Dollars ($80.00) per employee for TB screening services performed by DCHHS.

C. DCHHS shall submit a monthly invoice on or before the fifth (5'h) of each month listing the individuals' names and the services performed.

D. DMS shall remit payment to DCHI-IS within thirty (30) days from the date on the invoice.

E. DMS employees shall each complete and deliver to DCHHS a copy of the attached "Consent for Health and/or Treatment Services" which are all collectively attached and incorporated to this Agreement by reference for all purposes as "Exhibit A." DCHHS reserves the right to review and then accept or reject such Exhibit in its sole discretion. DMS shall not be permitted to have TB screening and or TB treatment services at DCHHS unless such Consent has been received and approved by DCHHS.

IV. TERMINATION

38

A. Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party.

B. With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons:

1. Lack of, or reduction in, funding or resources; 2. DMS' improper, misuse or inept use of funds or resources; 3. DMS' failure to comply with any of the terms and provisions of this Agreement; and/or 4. DMS' submission of data, statements and/or reports that are incorrect, incomplete and/or

false in any way.

V. PROMPT PAYMENT

Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.

VI. INSURANCE

DMS agrees that it will at all times during the term ofthis Agreement maintain in full force and effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of selfinsurance, that is also maintained in accordance with sound accounting practices. It is expressly agreed that DMS will be solely responsible for all cost of such insurance; any and all deductible amounts in any policy; and in the event that the insurance company should deny coverage.

It is the intent ofthese provisions that insurance cover all cost allowed by Texas law so that County will not sustain any expense, cost, liability or financial risk as a result ofthe performance of services under this Agreement. Minimum insurance is a condition precedent to any work performed under this Agreement and for the entire term of this Agreement, including any renewals or extensions.

VII. NOTICE

Any notice to be given under this Agreement shall be deemed to have been given if in writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the party who is to receive such notice at the addresses set forth below. Such notice shall be deemed to have been given three (3) days subsequent to the date it was so delivered or mailed to the following relevant addresses:

COUNTYillCHHS Zachary Thompson, Director 2377 N. Stemmons Frwy; Suite 600 Dallas, Texas 75207

DMS James G. Baker, M.D., CEO 1380 River Bend Dr. Dallas, Tcxas 75247

39

VIII. SEVERABILITY

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

IX. INDEMNITY

Except as otherwise provided in this Agreement, each party, including its respective elected officers, agents and employees, agrees to be responsible for its negligent acts or omissions, or other tortious conduct in the course of performance of this Agreement without waiving any sovereign immunity, governmental immunity or other defenses available to the parties under federal or 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. All parties agree that any such liability or damages occurring during the performance of this Agreement caused by the joint or comparative negligence of the parties, or their euiployees, agents or officers, shall be determined in accordance with comparative responsibility laws of Texas.

X. SOVEREIGN IMMUNITY

This Agreement is expressly made subject to County's Sovereign Immnnity, .Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and State law. The parties expressly agree that no provision ofthis Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties or the County has by operation oflaw. Nothing in this Agreement is intended to benefit any third party beneficiary.

XI. AMENDMENTS AND CHANGES IN THE LAW

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

XII. ASSIGNMENT

DMS assures that it will not transfer or assign its interest in this Agreement without the prior written consent of the County.

XIII. INDEPENDENT CONTRACTOR

DMS, including its agent or employee, is an independent contractor and not an agent, servant, joint enterpriser, joint venturer, or employee of the County, and is responsible for its own acts,

40

forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement.

XIV. ENTIRE AGREEMENT

This Agreement, including all Exhibits and attachments, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written.

XV. BINDING EFFECT

This Agreement and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties themselves.

XVI. DEFAULT/CUMULATIVE RIGHTSIMITIGATION

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

XVII. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

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

XVIII. SIGNA TORY WARRANTY

Each person signing and executing this Agreement does hereby wan'ant and represent that such person has been duly authorized to execute this Agreement on behalf ofDMS or County, as the case maybe,

DALLAS COUNTY:

By: Clay Lewis Jenkins County Judge

DALLAS METROCARE SERVICES:

By: James G, Baker, M,D, CEO

DATE: ____________________ __

Recommended:

By: Zachary Thompson Director, DCHHS

By: Chief, Civil Division Assistant District Attorney

4 1

DATE: __ ~_

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

42 EXHIBIT A

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES

CONSENT FOR HEALTH AND/OR TREATMENT SERVICES

Following marked Epidemiological/Medical/Mental Health (Surgical (individuaUy or collectively, "Health") Services to be provided to Individual from date signed: [Mark appropriate box(es) & circle1

o Chest X-Ray (0 Pregnant 0 Not Pregnant) 0 Mental Health o Specimen/Fluid Col/ection o Tuberculosis (TB)

o ImmunizationNaccination 0 Preventive Health o STD (including AIDS/HIV) o Other _____ _

CONSENT FOR HEALTH SERVICES: I, the undersigned Individual, or Legal Guardian/Representative, consent(s) for Individual to receive Health Services from Dallas County Department of Health and Human Services (DCHHS). I understand that the Health Services may include, without limitation, physical/mental assessments; developmental screenings; medication prescriptions; bodily fluid/specimen collections; immunizations; diagnostic tests of/for: genetic disorders, hemoglobinopathies, anemia, lead poisoning, or sexually transmitted diseases (STD) including HIV, pap smears, urinary/blood disorders, tuberculin skin tests, chest x-rays, sputum specimens, etc.

I also understand that certain Health Services are not intended to treat Individual's conditions, but are only for epidemiological, statistical or information gathering purposes. No warranty or guarantee has been made as to the results to be obtained. I certify that the effect and nature of the Health Services to be provided to Individual including the possibility of complications and unforeseen consequences have been explained to me and that my questlons have been answered to my satisfaction. (I further understand that Individual's medical record information may be released, without permission, for treatment/payment/operational purposes, or as otherwise authorized by law.)

MINOR'S CONSENT FOR TREATMENT SERVICES: [Mark box below. Completeallotherinformation on this document as best as possibl e. A minor Individual may give own consent for MedicaVPsychologicaVSurgical treatment (non-epidemiological) under directions of llcensed physician in the following circumstances:]

o ! am a minor Individual seeking diagnosis and treatment of infectious, contagious, or communicable diseases. o I am a minor Individual seeking medical treatment for my child, I am unmarried, and I have actual custody of my child. o ! am a minor Individual on active duty with the United States of America armed services. o I am an !ndividual16 years of age or older, residing separately from legal guardian, and managing my own financial affairs.

NOTICE OF COUNTY'S LIMITED LIABILITY: Dallas County expressly does nol waive any applicable local, State and federal rules and laws, including Sovereign Immunity, Chapter 72 ofthe Texas Civil Practice and Remedies Code, and Article XI, Section 7 of the Texas Constitution.

WARRANTY AND CERTIFICATION: The undersigned Individual, or Individual's Legal Guardian/Representatlve, addltionaUywarrants and certifies by Individual's, or Legal Guardian's/Represenlative's, signature below that:

1) He/She is over eighteen (18) yea'rs of age, fully qualified, and has no knowledge of any impediment to signing this document; 2) He/She has read and understood the full text of this document; and 3) This document shall be binding upon Individual, his/her heirs, successors, assigns, administrators, and/or executors.

SIGNED THIS DAY OF _________________ 20 __ ,

Print Full Name of Individual Receiving Health Services Signature of Individual (Include Minor under "Minor's Consent") Pdnt Parent's Full Name (Minors)

Print Full Name: Legal Guardian/Rep. Giving Consent Signature of Legal Guardian/Representative Giving Consent Relationship to Individual

Individual's Date of Birth Print Full Name of Witness Signature of Witness [Witnessing Indjvjd!li:ll's/G!!afd 'slReo 's recejpt readjng & Signing of this document & !be opportuoity to ask Qllestipns)

LAB TEST RESULTS: The above-signed Individual, or Legal Guardian/Representative for individual, would !ike Individual's laboratory test result(s), from the stated services, released to the named person below by: 0 phone I 0 e~maill 0 mail [Mark box{es) & complete all blanks below]

~--------------------------( ),------------~~-----------------Name Phone #s Email

Street City State Zip

2377 N. Stemmons Freeway, LB16 Dallas, Texas 75207 Phone (214) 819·2000 Fax: (214) 819·2107/1810

43

DALLAS COUNTY Maurine Dickey Commissioner District 1

September 7, 20 II

TO: Commissioners Court

FROM: Commissioner Maurine Dickey District I

SUBJECT: TexHealth Central Texas designated as the entity to operate a 3-Share Plan in Dallas County

BACKGROUND

In May, 2007, The Texas Legislature enacted Senate Bill 10 relating to the operation and financing of lJiledical assistance and other programs to provide health care benefits and services to persons in the State of Texas. Specifically, the purpose of that bill was to improve the health of employees of small employers (less than 50 employees) by improving access to healthcare and reducing the number of employees who are uninsured. One of the methods of accomplishing this is through a multi-share or 3-share program. Both NTUHC and TexHealth Central Texas require a premium from both the employer and employee in order to participate in the plan. Low-wage employees have their premiums subsidized through the 3-share program that is designated by a county commissioners court to operate a program in such county.

The North Texas Underinsured HealthCare Coalition (NTUHC) is a 50 I (c)3 non-profit organization that, in 2007, received a Court Order from the Dallas County Conunissioners Court to operate a 3-share plan in Dallas County. This Court Order enabled NTUHC - as part of the TexHealth Coalition - to receive funding in 2009 from the State Texas Department of Insurance (TDI) to establish a 3-Share Plan (subsidized program for low-wage employees of small employers) in Dallas County. There were two grants made to members of the TexHealth Coalition managed by the Brazos Valley Council of Governments on behalf of the six TexHealth Coalition members - Brazos Valley, Central Texas, EI Paso, Galveston, Harris County and Dallas County (NTUCH). The EI Paso community reconsidered and did not launch its program and NTUHC dissolved as of August 31, 20 II.

TexHealth Central Texas, also a 50 I (c)3 organization, received funding from several Central Texas county governments. Because there are no District Hospitals in Central Texas, TexHealth Central Texas was able to garner support from outside of the safety-net system and has an agreement with United HealthCare as the Third Party Administrator that covers any health care provider in the United HealthCare network in Texas for both

44

primary care and hospitalization. As a consequence, they have been able to build participation rapidly and is now the third largest 3-share plan in the country.

NTUHC has only been able to garner support locally through the Parkland Health & Hospital System, and participants in NTUHC must get their primary care through the Parkland COPCs and Parkland Hospital unless referred by the Parkland system to UT Southwestern. Participants can not receive care from any other system and have that care covered by the NTUHC plan. Unfortunately, eligible employees' (low-wage/small business) are not willing to participate, except in rare instances, if the only choice is Parkland, and the long waits that are required for appointments or in the ER. The perception is that if they need care they ean get it "free" from the Parkland ER, hence, why pay a premium for something they can otherwise access free or nominal cost care when needed. And, one of the goals of the 3-share plan is to keep people out of the ER. Thus NTUHC has not been able to achieve a large enough level of partiCipation to assure sustainability. NTUHC's share of the grants from TDr was to have been $855,000. Because of low participation, not all the grant funds have been utilized and there still is approximately $505,000 available to provide subsidies to employees of small businesses in Dallas County provided those individuals are covered by a TexHealth Coalition member plan. Of the four remaining members of the TexHealth Coalition, TexHealth Central Texas has been identified by the Coalition members as the best organization to absorb the NTUHC members whose coverage ended with the dissolution ofNTUHC and to expand into Dallas County to offer its program to Dallas County employers.

TexHealth Central Texas is large enough that it can absorb the small number of participants in the NTUHC plan and hopes to expand it further in Dallas County. But, this Court Order is necessary in order to transfer the NTUHC pm1icipants to TexHealth Central Texas and to allow TexHealth Central Texas to continue to operate in Dallas County.

OPERATIONAL IMPACT There will be no operational impact to Dallas County.

FINANCIAL IMPACT There will be no financial impact to Dallas County.

RECOMMENDATION It is recommended that a Court Order be approved to transfer the NTUHC participants to TexHeaIth Central Texas and to allow TexHealth Central Texas to continue to operate in Dallas County. This represents an enhancement of choice for these and future participants and is a most beneficial arrangement for small employers in this community to reduce the number of uninsureds and improve the health of pm1icipating employees.

Date:

To:

From:

45

DALLAS COUNTY HUMAN RESOURCES/CIVIL SERVICE

September 13, 2011

Members of the Commissioners Court

Mattye Mauldin Taylor - Director Virginia Porter - County Auditor

Subject: Non Smokers Discount for Calendar Year 2012 Background On September 13, 2011, the Human Resources/Civil Service Department and the Auditor's Office presented the Non smokers discount program for active employees and retirees. The purpose of this briefing is to present the proposed guidelines for administration of this program, which is in line with the County's Employee Insurance Program goal of encouraging a healthier lifestyle for all participants.

Below are the proposed guidelines for the implementation and administration:

1. Effective date of the Non Smokers Discount program is January 1,2012, 2. Employees/retirees and/or dependents who are not regular smokers will be eligible for a non

smoking discount, 3. The increased insurance premium rate will be $50 per month ($23.08 per pay period) for the

employee and each smoking family member (ex: if an employee and spouse smoke, the premium will be increased $100 per month),

4. The discount will automatically be deducted from all employees and retiree insurance premiums once they certify during open enrollment that they do not smoke. Employees/retirees and/or dependents must complete a Non Smokers Disclosure form and submit it to Human Resources for review and approval,

5. EmployeeslRetirees who submit documentation that they have completed an approved smoking cessation program prior to January I, 2012 may request the non-smoking discount be applied to their insurance premium,

6. Employees, retirees and/or their dependents who enroll in an approved smoking cessation program have until June I, 2012 to submit proof of successful completion of the program with a request to Human Resources to have the disconnt applied to their insurance premium. The next opportunity to recertify and receive the discounted premium will be during the next annual enrollment period,

7. Employees/Retirees who initially certified that they were non-smokers and are later found to be smokers, will have their insurance premiums increased to the smokers rate effective January I, 2012 or date of hire (whichever is the latest).

Dallas County cares about the health of its employees, retirees, and their dependents and would like for all employees and retirees to be eligible for the non-smokers insurance discount. In support of this effort a Smoking Cessation program is available to all employees, retirees, and dependents free of charge through the EAP program. Information on other programs and smoking cessation products will be provided to employees before and during Benefits Open Enrollment, November 1-30, 2011.

Impact on Operations Approval of this proposal as outlined supports the Dallas County Active and Retiree Medical Benefits Program. It is expected that the non smokers discount will allow the County to meet its burden of reducing medical costs by approximately $500,000 in the next calendar year. This data is based on CDC guidelines, and will also promote a healthier lifestyle.

K:\Briefings 2011\Workforce Investment Smoking Cessation Rate (fpg).doc

46

Financial Impact A reduction in medical costs of approximately $500,000 in the next calendar year is expected based on CDC guidelines. Strategic Plan Compliance Adoption of this proposal supports Vision I: Dallas County provides sound, financially responsible, and accountable governance.

Recommendation The Human Resources/Civil Service Department recommends Commissioners Court approve the Non-smokers Discount program and gUidelines for calendar year 2012.

Recommended by:

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

K:\8riefings 2011\Workforce Investment Smoking Cessation Rate {fpg).doc

214.653.7638

49

DALLAS COUNTY PUBLIC WORKS

August 29,2011

MEMORANDUM:

TO:

FROM:

SUBJECT:

Commissioners Court

Alberta Blair, P.E., Director of Public WO·~lriS.--o""-

SAME DAY BRIEFING AND COD T 0_. RATIONALE MASTER AGREEMENTS GOVE G MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIP) FOR THE CITY OF BALCH SPRINGS

In order to proceed with scheduled project delivery for the MCIP Program, it ·is necessary for Dallas County to enter into the Master Agreement with the City of Balch Springs. It is recommended that the Briefing and the Court Order be approved by the Commissioners Court on the same day.

mgt

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

August 29, 2011


MEMORANDUM


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

50

ON FORMAL AGENDA

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

BACKGROUND In the past II 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 trust 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 II 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 and Dallas have been briefed through Commissioner Court and were approved. Agreements from the following cities Addison, Carrollton, Cockrell Hill, Duncanville, Garland, Grapevine, Highland Park, Lewisville, Sunnyvale and Seagoville 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/fitly 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

Commissioners Court Page Two

DALLAS COUNTY STRATEGIC PLAN

51

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 safe, 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 implcmented in 2012 and selected in 2013.

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

Approved By:

air, P.E. Jfi ector of Public Works

Attachments

mgt

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

52

MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM

THIS MASTER AGREEMENT is made by and between the City of Balch Springs, 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 2001-814, dated April 24, 2001, 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 interloca1 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. D.EFINITIONS

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 of Balch Springs, 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- (ET J) shall mean the unincorporated area outside the incorporated boundaries of the municipality as determined in Chapter 42 of the Texas Government Code, as amended.

I. 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 difficult 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 constluction of projects. Cost Accounting 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 and 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, light-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 nsers.

R. ORPHAN ROADS shall mean all or part of a street or road right of way which are outside the incorporated limits of a mnnicipality (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 andlor 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 right-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 CON.CEPT 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 nnderway. The conditions for which a PCC is appropriate will be determined 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 eonducted, 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 (PDC) 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. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned the primary 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 ntilized 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/tum lanes, access, required structural retaining walls and standard driveways excluding road or street amenities, or such design criteria as may be mutually agreed upon 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 of Texas.

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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II. 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 Bettennent, 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:

1. By expiration of term of the agreement.

2. By either party, by notice in writing establishing the effective date of termination 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 ofthe defaulting party.

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

b. Should either party terminate 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 performed or that shall become due and payable due to such termination. The Lead Agency, to the extent pennitted, may tenninate 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 construction contract has been awarded by the governing body of the Lead Agency, the PSA for that Project cannot be terminated until completion of the construction.

f. In the event that a Project is terminated prior to' the award of the construction 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 furnish to the Completing Party a listing of current records pertaining to any outstanding obligations or other records or infornlation required by any project contract, including any Work Order, or requested in writing by Completing Party in either printed or electronic format 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 under 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.

Eitber party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination.

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 perform, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in performance to the other party within ten (10) days of the knowledge of such occurrence. Each party shall make all reasonable effmis 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

County and City/Town agree that both County and City/Town shall each be responsible for tlieir 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 or 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 sllrvive 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 coustruction 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 pennits necessary for project completion;

e. Provide Connty with opportunity for significant input in plan development 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 ofthe 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.

e. 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 on an equal share basis of 50%/50% or as othelwise agreed cost sharing arrangement 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 stonn 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 City/Town at the PDC, City/Town agrees to acquire ROW required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building pennitting 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 ofthe 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.

G. 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 transportation 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.

1. City/Town agrees to be cooperative on issues relating to billboards, advertising signs, nonconfonning uses, zoning and similar restrictions and to exercise its best efforts to provide variances when possible to minimize cost and delay of Project. Additional Project cost caused or contributed to by City/Town ordinance, zoning, non-confonning use detennination or other requirement shall be paid in full by City/Town.

J. City/Town shall require thc adjustment and/or relocation of Utilities to be accomplished 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. City/Town will notify the County and other Stakeholders when ntility conflicts would impact progress ofthe 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 ofCity/Town.

L. To provide for continuing surveillance and control of ROW 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 of the 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, gnidelines, standards or any other pertinent 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 anthorized representation with decision making power at PCC and/or PDC, precollstruction 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 Bettelments, in or addition to the design or construction of the project subsequent to the City/Town 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 ofthe Project ROW by Texas or Federal Law or by agreement with the City/Town that allows or permits 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 conforming to Standard Basic Project Design in conformity Witll 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 criteria. Deviations from mutually agreed upon application of City/Town standards and/or design criteria shall require prior approval of City/Town. Where City/Town standards do not exist, TxDOT standards 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 infonnation 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 acqnisition, 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) months 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 xm. (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 (PDq. PRELIMINARY CONCEPT CHARRETTE (Pcq

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 PCC and or PDC. Results from the PDC will identify the prefened 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 sale 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 Govemment 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 CitylTown 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 City/Town, at its sale 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 the total Direct Project and Program costs excluding the Amenities, relocation or adjustment of City/Town Utilities, Utility Betterment, 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 thc 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 Betterment, 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 (1) 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 cutTent 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 furnished 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 term 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 encnmbered 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 amonnt, 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 timeframes 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 exptessly 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 of the 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' Court, 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 "Boo 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 Couuty 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 ofthis Article XVI shall survive the tennination ofthis Master Agreement.

(Ord. 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 termination 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 Federal laws.

B. Entire 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 provisiou of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.

D. Default/Waiver/Mitigation. It is not a waiver of default if the 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 pmt 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, unless the text clearly requires otherwise.

H. Counterparts. This Agreement may be executed in multiple counterpm1s, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

1. 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:

MASTER AGREEMENT~ 02/07111 15

To County:

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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 Balch Springs, Texas Director of Public Works 3117 Hickory Tree Road Balch Springs, Texas 75180

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

The City of Balch Springs, State of Texas, has executed the Agreement pursuant to duly authorized City/Town Council ~nlilSnxxxxxxxxxxxx , Minutes Dated the 8th day of August , 20~L·

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

CITY OF BALCH SPRINGS

BY ~(. GJ>~/r%~.i>, TITLE MAYOR

DATE August 25, 2011

ATTEST t'1tuft ~ CITY SECR ARY \ ATTORNEY

COUNTY OF DALLAS

BY Clay Lewis Jenkins, County Judge

DATE _____________ _

APPROVED AS TO FORM:

Hike!, Chief, Civil Division as County District Attorney

"By law, the District Attorney's Office may only advise or approve contracts or !egal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. OUf review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our ciient Other parties should not rely on this approval, and should seek review and approval by their own respective attomey(s).

MASTER AGREEMENT - 02/07/ J ! 16

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EXHIBIT A

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DEPARTMENT OF PUBLIC WORKS 411 ELM ST .. 4TH FI..OOR DALlAS. TEXAS 75202

PROJECT MANAGEMENT PRACTICES MANUAL

5 PHASE PROJECT DELIVERY SYSTEM

JULY 2009

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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 COllnty 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 directive, orforthe execiltion 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 13 "Project Management," Chapter 14 "Right-of-Way Management," and Chapter 15 "Utility Coordination." Our basic methodology is a strong matrix approach, so that our 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 thronghout 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 deli very practices, 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

q'Hi~t~ •• ~~ ••• ~~.~f •• ~')·~9~n'I».+·.t.f".'.f'.tf~.t~~~.f~*~'r~*"~lf.~!!'.' .• *#.'.'~Ii$ STEP ONE, PROJECT DEFINITION

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1. Transportation Planning distributes a "Call for Projects" to all 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

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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 MClP. The team, with Engineering & Construction, Planning, & Property people invol ved, 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 District. 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 grading 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 Commissioners 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 MClP cash flow projections. After briefing each Commissioner and the Judge, the updated spreadsheet called the "MClP 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 MClP 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. Equal 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 of the MClP. 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 MClP 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 lO 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 deli very and moving the project into construction during the selected PY. If there 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 Charrette. 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 relatively reasonable set of alternatives, 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, and 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 Director in 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 contract 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 0( I ! ! I ! I I ! I ! I I I ! I I I I le'l I I I I I I I I I I I I I I I I I 1 r

1. 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 to help assure inordinate amounts of time 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 formally 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 effective 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 Primary 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 alternative that is finally selected by the stakeholders. Many projects have been derailed by lack of support when opposition aIises. A great effort will be made to assure attendance of all the key players. This consensus building effort is an integral part of anyCSS 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 1 ends with approval of the Preliminary Design Report, Preliminary AlignmentlProfile and Preliminary Sizing of bridges and drainage structures along with S.U.E. determination, Preliminary Survey Report, and Preliminary Utility Investigation Report.

8. 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

~If .. t~.'~ ~.~~~.~ii+.'~~~' ~'+ft#t~.+ •• f~ ••• n"'''$$ •• ~~.f't*~~H'4J~.*lr~'.~~4'.4~'~~Ii~\)' 1. 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 team.

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.U.E. data derived in Phase 1), constructabilityreview, 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 desi~n teams and consultants includes definitive delivery datesfor 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 internet or intranet 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 paJtnering 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 paJtner city, County, NCTCOG, TxDOT, or consultant. Agreed upon level of S. U.E. will be key input into design details, and utilities paJtnering 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 offinal 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. Tile 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 tnicks progress, helping to resolve issues as they develop. He/she, keeps all stakeholders informed, 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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~'#f'f.fqlW.~h~f~~'''~11}~.'fHf •• 'H" •• 'tHft~'+~~~ •• tl>::'H~ •• ~\'.f~ •• #ij'f~+@~!;i PHASE 4 - ROW Completion & Utility Adjustment

1. ROW acquisition is carried 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 keep 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 partnering efforts for over 10 years with major utility providers (including the UPRR). The PM will assure the attached Essential Elements or Utility Partnering 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 utili ties 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 CU-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 ofthe project. We regard 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 OUf road construction (e.g. from improper backfill of their trenches, conflict with storm 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

78

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

!I;i(!~'ii'*.~' \f~'*~$t$<ll".4i.*9 •• t,~,+ •• t*.~' •• '~·~f·*~+'4i~.f.~?I,\ e,;ij+f ~""Ir+",#,~ •• w*.*<~ ~ 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. Projeet 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 Partnering 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.

S. 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 or built.. 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 ) 1 1 1 I I I I I j I f I i J I j 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 performance 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 lear11ed and celebrate project completion with all involved in project delivery from design to construction completion.

S. PM conducts one year Maintenance Bond Inspection in conjunction with aU 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 learued are shared within the Dept and city.

DaUas County Project Delivery Team's

11

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Essential Elements of Utility Partnering

1. Know the ntilities' customers and remember ilia! we bave the same customers.

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

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

4. Get involved with actual field reconnaissauce 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 aud the frrst 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.

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

12. Review "tility 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 iliat need to occur. Many companies are predecessors of other companies' relocations. Communicate this sequence to all utilities and other stakeholders. Ensure iliat ilie sequence is streamlined as much as possible.

15. One way of ensuring the streamlining of ilie 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, sometimes up to one year. Also consider iliat certain times of day are restricted from utility relocation. In addition, develop procedures for emergency sitnations and learn the appropriate "windows of opportunity" for change-overs, etc.

17. Share accurate information wiili all companies & see that they share information 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 !!

12

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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.

• Work (Jut 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 information about UPRR, including points of contact, e-mail and telephone infoffi1ation, instructions, applications, specifications, DOT crossing information, permit 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.

.. 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 toreduce 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 information, 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 attomeys are involved, as they have to be.

e When you're in doubt and have searched an the readily available information, call Steve Marchenke, 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. lfyou have a "folder number," this will save them much time in looking up the project file information.


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September 20, 2011

MEMORANDUM:


FROM: Selas Camarillo Assistant Director- Property Division

SUBJECT: ROW Acquisition Services

Background:

Indefinite Delivery Indefinite Quantity Contract Halff Associates, Inc. Amendment No.4 - Extension of Time

II SEP - 7 PM 12: 42

Pursuant to Court Order No. 99-71, the Commissioners Court adopted a Policy for Procurement of Right of Way Services. Subsequently, on June 3, 2008 an Indefinite Delivery Indefinite Quantity Contract was awarded to Halff Associates, Inc. for a one year term with an option to extend two one year terms.

Impact on Operations:

The workload for ROW Acquisition activities performed by the Public Works Department under the MCIP is complemented by an IDIQ resource capability. Halff Associates, Inc. has provided significant capability and has provided consistent high quality ROW Acquisition services during its term of the IDIQ Contract.

Legal Impact:

The initial inception of this Indefinite Delivery, Indefinite Quantity Contract (IDIQ) was promulgated via the Commissioners Court adopted Policy for Procurement of Right of Way Services under "Professional Services" as specified under Local Government Code 2254, Court Order 99-771. However for the renewal of this outsource service the Civil Section of the District Attorney's Office CDA's) has raised concern as to the applicability of this statute for right of way services. Amendment No.3 authorized an extension of 120 days for the DA's office to review this matter and advised the Purchasing Department and Public Works Department regarding the applicable statute and new process to procure these services. The additional extension of time of the current IDIQ contract is necessary to finalize reviews of the request for solicitation and contract, advertise, receive and evaluate submittals and recommend award to qualified firm.

Financial Impact:

The MCIP includes funding for right of way acqUISitIOn activities. All ROW services to be outsourced to Halff Associates, Inc. shall be negotiated fee amounts, which shall be authorized via a formerly executed "Work Order" for each project(s).

411 Elm Street, Suite 300 Dallas, Texas 75202 (214) 653-6400

Commissioners Court September 20, 20 II Page 2

Strategic Plan Compliance:

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The subject request is consistent with Dallas County Strategic Plan, Vision 4: Dallas County proactively addresses critical regional issues and is the choice for residents and businesses. Dallas County coordinates programs and services to improve the quality of life in Dallas County through continued/increased efforts to improve the attractiveness of County facilities.

MIWBE Participation:

Halff Associates, Inc. has satisfied the County Minority/Women Business Specifications by utilizing certified Minority/Women Business Enterprise subcontractors.

Recommendation:

In preparation for the solicitation for the next cycle of the ROW Services IDIQ Contract, the Director of Public Works recommends approval of Amendment No.4 to the current contract solicited under IDIQ 2008-068-3509 to extend time an additional one hundred twenty days (January 29, 2012). The time extension is required to provide the Civil Section of the District Attorney's Office and Purchasing Department to finalize reviews of the request for solicitation and contract, advertise, receive and evaluate submittals and recommend award to qualified firm to renew this important resource component to the Public Works Department project delivery plan. .

If the Commissioners Court concurs, a Court Order authorizing the additional one hundred twenty day extension will be placed on the next formal agenda.

Approved By:

CdiSC Cd/my doC/ha!ff/hrieJ extend 120 days

Attachment: Amendment No.4

cc: Sherri Turner, Assistant District Attorney - Civil Section Linda Boles, Purchasing Director

84

DRAFT AMENDMENT NO.4

To The Right of Way Acquisition Services Indefinite Delivery Indefinite Quantity

Contract

Between

COUNTY OF DALLAS, TEXAS

and

HALFF ASSOCIATES, INC.

WHEREAS, pursuant to Court Order No. 2008-1095 dated June 3, 2008, Halff Associates, Inc., ("Halfr') was awarded an Indefinite Delivery Indefinite Quantity Contract for Right of Way Acquisition Services for a one year term from June 3, 2008 through June 3, 2009; and

WHEREAS, said contract included a provision that Dallas County in its sole discretion shall have the right to renew this contract for two one year terms from the termination date; and

WHEREAS, Amendment No. I awarded the first one year extension from June 3, 2009 to

June 2, 2010 and Amendment No.2 awarded the second one year extension from June 2, 2010 to

June 1,2011; Amendment No.3 awarded an additional one hundred twenty days to September 30, 2011; and

WHEREAS, Halff has agreed to perform additional Right of Way Acquisition Services at the County's request for an additional one hundred twenty days, at the same terms and conditions of original contract with and amendments thereto, if any.

NOW THEREFORE, by execution of this Amendment No.4 the contract is amended hereby with respect to the items and features described below:

1. Amended Provisions: ARTICLE 1, TERM

1.1 This amended term of the contract becomes effective on October 1, 2011 (hereinafter, the Effective date) and will terminate on January 29, 2012, or upon completion of all fully authorized Work Orders, whichever occurs last, unless sooner terminated in accordance with the applicable provisions hereof, or extended by mutual agreement approved by the Commissioners Court. The Contractor will not begin work or incur Costs until each Work Order is approved by formal order of the Commissioners Court and authorized by Dallas County to proceed with the work by written Notice to Proceed.

1.2 This section is AMENDED to delete in its entirety:

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Except as provided herein, all other tenus and conditions of the contract remain unchanged and in effect.

IN WITNESS WHEREOF, by the signatures below of the duly authorized agents of the County of Dallas, Texas and Haiff Associates, Inc., the said County of Dallas and Halff Associates, Inc. do hereby agree to amend the term of the original contract between said parties, dated June 3, 2008, thus extending the total contract term for an additional one hundred twenty days effective the execution of Amendment No.4.

COUNTY OF DALLAS, TEXAS HALFF ASSOCIATES, INC.

DRAFT By:

Clay Lewis Jenkins, County Judge

APPROVED AS TO FORM: ATTEST:

Gordan Hikel (Corporate Seal) Assistant District Attorney

CdlSC Amend 4 Contract

* By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

86

DALLAS COUNTY COMMISSIONERS COURT DEPARTMENT OF PLANNING & DEVELOPMENT

September 7, 2011


FROM: Rick Loessberg, Director of Planning & Development 1ft-SUBJECT: Request to Participate in Cypress Waters TIF District

BACKGROUND

In 2010, the City of Dallas created the Cypress Waters TIF district (see attached map) so that a 900-acre area in the County's far northwestern corner could be developed. As the City has adopted the final financial plan for this district, the County has been asked to provide 55% of any generated increment to this district. So that the Commissioners Court can consider this request, the following information has been prepared.

DESCRIPTION OF TAX INCREMENT'FINANCING

Tax increment financing involves delineating a specific geographic area (i.e., a "TIF district"), having taxing entities allocate to this district some or all of any increase in tax revenue that results when the area's assessed valuation increases (i.e., "tax increment"), and then using this increment to either directly finance the construction of certain public improvements or to reimburse developers who have undertaken such activities before sufficient increment was available. TIF financing is used to either encourage development in blighted/distressed areas or to substantially enhance the level of development that might otherwise occur in non-distressed areas. Unlike tax abatements where a property-owner's tax obligations are reduced, the owner of property within a TIF district continues to pay the full amount of taxes owed on its property.

DESCRIPTION OF CYPRESS WATERS TIF DISTRICT

The Cypress Waters area is very unique in many respects. Although it is officially located within the City of Dallas, it is almost completely surrounded by the cities of Irving and Coppell, and it resembles a small balloon that is connected to Dallas by a thin thread. It is adjacent to a decommissioned electrical power plant that will soon be removed (it is because of this power plant that this area was annexed many years ago by the City of Dallas), and it contains a lake that was used up until about a decade ago as a public recreational facility.

411 Elm Street, 3,d Floor, Room 313 Dalias County Administration Building

Dallas, Texas 75202·3301 email'. [email protected]

Telephone: (214) 653·7601 Fax: (214) 653·6517

87

The vast majority of the area has never been developed and lacks basic infrastructure. Becanse of its location, its size, and the presence of the lake, it represents what is probably the last opportunity in the County for such a large-scale, high-end residential development.

The Billingsley Company has acquired the property in the district, and it has plans to build about 7600 new residential units, 140,000 square feet of retail space and 3.6 million square feet of office space over the next twenty years; such activity would increase the district's present assessed valuation from about $100,000 to about $2.2 billion (the current value is so low because of an agricultural exemption which will soon be terminated; without this exemption, the taxable value of this property would be about $71 million).

In order to help generate the district's anticipated development, the TIF district would provide $65.7 million (in present dollars) for water/sewer improvements, streetscaping, storm water drainage, sidewalks, lighting, public safety facilities, roads, and trails (please note that there have also been some very informal/preliminary discussions with the Billingsley Company about having Irving's Campion Trail system extend into this TIF district).

The TIF district has been created to have a thirty-year life and will end in 2040. However, the City expects to only financially participate, beginning in 2014, for twenty years, and the County has also 'been asked to participate, begimling in 2014, for twenty years. The City will be providing the district with 85% of any generated increment, and the County has been asked to provide 55%.

ISSUES/CONSIDERATIONS

• Accurately projecting the amount of growth that will occur within a TIF district is very difficult. For instance, the State-Thomas district, which had its assessed valuation increase from $48 million to $413 million before it ended, is probably one of the most successful TIF districts in the Dallas area. However, this increase in assessed valuation was only about 60% of what was originally projected for this district.

• Consistent with the County's TIF policy, twenty percent of any housing built with specific TIF assistance will be affordable.

IMP ACT ON OPERA TIONSIFINANCE

The Cypress Waters TIF district is eligible for consideration under the County's TIF policy. Under this policy, County financial participation is determined on the basis of whether the TIF district possesses certain characteristics (i.e., is the district located in a distressed area, does it help facilitate alternative forms of transportation, will County participation shorten the district's financing period by at least two years, and/or is the

2

DISTRICT

Oak Cliff Gatewav Cedars

City Center

Mercer Crossing Old Farmers Branch 1·20 Retail

1-30 Entertainment Downtown Connection Vickery Meadow Southwestern Medical Deep Ellum

Design District

Skillman Corridor 1~30 Corridor

N. Central Expressway Corridor ~':Park

South Ft. Worth Avenue

88

projected increase in assessed valuation at least eight times the total cost of the district's proposed public improvements). Based npon the characteristics that the Cypress Waters district possesses, the City's request for the County to participate at 55% is consistent with this policy. Similarly, the request that the County participate in the district for twenty years is also consistent with policy.

Without this TIF district, it is very unlikely that development of such a scale or of such a quality would occur. Participating at the requested 55% level will result in the County making a net present value contribution of about $10.5 million (which is equivalent to abont 15% of the district's total funding) and allow the County to immediately benefit from any new revenue that is generated (it is projected that the County will receive about $8.6 million of new revenue over the next twenty years).

Should the County decide to contribute increment to this district, it will be the twentyfirst TIF district in which the County currently financially participates. A list that includes a brief description of each of these TIF districts follows below:

CURRENT TIF DISTRICTS WITH DALLAS COUNTY PARTICIPATION

CITY INITIAL ACTUAL PROJECTED BUDGET %CQUNTY TAX YEAR ASSESSED 2010 FINAL AUTHORITY INCREMENT COUNTY VALUATION ASSESSED ASSESSED PROVIDED INCREMENT

VALUATION VALUATION BEGAN Dalfas $38.6 million $99.5 million $94.7 mjlJjon $5.3 million 100% 1997

Dallas $34.8 million $82.1 million $113.2 million $7.2 million 75% 2000

Dallas $902 million $1.2 billion $2.1 billion $109 million 53% 1997

TAX YEAR COUNTY INCREMENT ENDS 2012

2022

2011

Farmers $45.2 million $100 million $1.4 billion $84.8 mUnon 34% 2000 'To1g-~-

Branch Farmers $14.5 million $18.9 milllon $146.5 million $10.5 million 55% 2000 2019 Branch Grand $8.3 million $82 million $99.4 million $72.3 million 11% 2001 2020 Prairie (Dallas (Dallas (Dallas County

Counlv onlv) County only) only) Grand $53 mjlJion $110.7 million $604.1 million $102 million 40% 2001 2020 Prairie Dallas $465.2 million $1.5 billion $3.1 billion $189.8 million 55% 2006 2025

Dallas $161.3 million $316.5 million $637 million $32.2 million 55% 2008 2027

Dallas $20.9 million $126.3 miUion $246 million $10.8 million 55% 2008 2027

Dallas $108.0 million $152 million $405.0 mimon $17.7 million 55% 2008 2027

Dallas $141.9 million $277.7 million $1.3 billion $34.8 million 55% 2008 2027

Dallas $340.4 million $404 million $1.2 billion $49.7 million 55% 2008 2027

Garland $82.3 million $118.5 million $213.4 million $21.8 million 55% 2007 2025

Richard~ $428 million $462.4 million $1.6 billion $85.4 million 65% 2008 2027 son

Dallas $44.9 mimon $50.8 million $665.7 million $30.3 million 65% 2007 2026

-Dallas $86.4 million $103.1 million $1.8 billion

.. -$69.5 million 55% 2009 2028

---

3

DISTRICT

Davis Garden

Downtown Garland TOO

Cypress Waters (proposed)

89

CITY INITIAL ACTUAL PROJECTED BUDGET % COUNTY TAX YEAR ASSESSED 2010 FINAL AUTHORITY INCREMENT COUNTY VALUATION ASSESSED ASSESSED PROVIDED INCREMENT

VALUATION VALUATION BEGAN Dallas $123.5 million $159.5 million $1.7 billion $103.7 million 75% 2009

Garland $104 million $146.1 million $272.1 million $12.1 million 55% 2008

Dallas $271 million $211.7 million $3.1 billion $185 million 55% 2011

Dallas $0.1 million $0.1 million $2.2 billion $65.7 million 55% 2014

In reviewing this list, please note that:

(1) The assessed valuation of the nineteen TIF districts in which the County provided increment to in 2010 has increased by about $2.3 billion since the inception of these districts; of this $2.3 billion amount, about 54% of this increase is contributed to the TIF districts;

(2) About three percent of the County's total tax base is presently located in a TIF district. This figure has traditionally stayed in the two-to-three percent range; and


The Cypress Waters TIF district provides what is probably the last opportunity to create a high-end, large-scale residential development on the County's suburban fringe. As a result, participating in the City of Dallas Cypress Waters TIF district is consistent with the County's strategic plan which specifically recommends that the County provide targeted incentives, that it seek to be the destination of choice for residents, and that it collaborate with other entities to help facilitate economic development.

RECOMMENDATION

It is recommended that the County, beginning in 2014, participate in the Cypress Waters TIF district by providing 55% of its increment for either twenty years, until the County's total net present value contribution (using a discount rate of five percent) reaches $10.5 million, or the City of Dallas terminates the district, whichever occurs first.

attachment

cc: Ryan Brown, Budget Officer Virginia Porter, Auditor John Ames, Tax Assessor/Collector Karl Stundins, City of Dallas Lucy Billingsley, Billingsley Company

4

TAX YEAR COUNTY INCREMENT ENDS 2033

2023

2030

2033

91

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

--------------------------------------------------------------tc,

September 7, 2011

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Ry42wn, Budget Officer

Office of Budget and Evaluation Staff

Conference/Travelrrraining Requests

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

Elected Officials/Departments notifying Commissioners Court of . Conference[fraveIlTraining fund requests that do not require Commissioners Court approval under State Statues

None submitted

Elected Officials/Depal·tments requesting Conference/Travel/Training approval for funds that have Commissioners Court authority

OFFICE OF INFORMATION TECHNOLOGY - requests approval for Randy Guin to attend the Rapid 7 training for scanning tools in San Francisco, CA from September 19 - 23,2011. There is no cost to Dallas County for staff to attend.

COUNTY CLERK - requests approval for John Warren, County Clerk, to attend the Property Records Industry Association from San Antonio, Texas from September 24 - 27, 2011. The total estimated cost to attend is $1,359 ($197 - airfare, $522 - hotel, $140 - food, $100 - ground transportation, and $400 - registration fees). Funding is available in County Clerks Records Management Fund.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 • [email protected]

o --r~ -.,-... ~-, ._/ -.... 7::::::-;::'.'

92

SHERIFF'S OFFICE - requests approval for reimbursement for the following staff: Willie Canada, Janet Harris, Veronica Boudreaux, Ted Rivera, Stella Harris, Vladimir Garcia, Jesse Herrera, and Marlin Suell attended the 24th Annual Texas Jail Association Conference in Austin, Texas from, May 8 -14, 2011. The total request for reimbursement is $7,400. Funding is available in the Commissary Fund.

OFFICE OF HOMELAND SECURITY - requests approval for Rodrick Jones to attend the Hotzone 2011 Conference in Houston, Texas from October 19 - 23,2011. The total estimated cost to attend is $175 ($175 - food). A county vehicle with a gas credit card will be used by staff. Fundingis available in Unallocated Reserves.

TAX ASSESSOR/COLLECTOR - requests approval for the following:

• Alex McGraw, Assistant Motor Vehicle Director, and Clint Thompson, North Dallas Branch Manager, to attended the DMV Business Process Analysis Meeting on August 25, 2011. The actual cost to attend was $584 ($251 - hotel, $264 - mileage, and $70 - food). Funding is available in the Runner Permit Account ..

• .lohn R. Ames, CTA to attend the V.G. Ymmg Tax Assessor/Collectors' Continuing Education Seminar on November 14 -16, 2011. The total estimated cost to attend $803 ($155 - registration, $345 - hotel, $198 - mileage, and $105 - food). Funding is available in the VIT Fund.

• Wendy Fuqua and Betty Holland to attend the Northwest Central Chapter TAAO Laws and Rules Update with Ethics Refresher Class on September 16, 2011. The total estimated cost to attend is $35 per person. Funding is available in VIT Fund.

CONSTABLE PRECINCT 5 - requests approval for the following:

• Deputy Leo Armendariz to attend the Field Officer Training in Arlington, Texas from September 12 -16, 2011. The total estimated cost to attend is $300 (registration fee). A county vehicle with a gas credit card will be used by staff. Teclose funding is available.

• Deputy Carolina Garcia and Deputy Lois Johnson-Martin to attend Female Enforcers Training at the Bill Priest Institute in Dallas, Texas from October 19, 2011. The estimated cost to attend is $109 per person for registration. A county vehicle with a gas credit card will be used by staff. Teclose funding is available.

• Deputy Lois Martin to attend Handgun Training at the Harris County Academy in Humble, Texas from September 11 -14,2011. The total estimated cost to attend is $223 ($102 - hotel, $105 - per diem, and $16 - registration fees). Teclose funding is available.

93

Notifying Commissioners Court of Conference/Travel/Training funds used by Gl'ant Programs

HEALTH AND HUMAN SERVICES, requests the following:

• Mario Garcia II aud Linda Mason (All Temps) request approval to attend the Department of Labor Training in Austin, Texas for the Davis-Bacon for Housing Developers from September 21 - 22, 2011. The total estimated cost to attend is $800 ($440 - mileage reimbursement, $250 - hotel prepaid, and $110 - food). Funding is available within budget from the HHS WAP-ARRA grant #8311.

• Stephanie Patrick to attend the CDC Workshop with Risk-Based Funding Pilot Sites in Atlanta, Georgia from September 28 - 30, 2011. There is no cost to Dallas County for staff to attend. Any incidental expenses incurred will be reimbursed from HHS PHP grant #8723.

• Norman Piel-Brown to attend the "Principles of Finance and Accounting Training for Non-Financial Manager" in Dallas, Texas from November 17 - 18, 2011. The total estimated cost to attend is $1,625 ($1,245 - registration fees, $200 - food, $55 - mileage, and $125 - resource guide). Funding is available in 466.65502.2050.

• Mario Garcia II, Yancey Turner, Shawn Gray, and Daniel Araiza to attend the TDHCAQuality Control Conference in Austin, Texas from September 7 - 9,2011. The total estimated cost to attend is $2,090 ($1,000 - hotel, $280 - food, $660 - mileage, and $150 - county vehicle with gas credit card). Funding is available in HHS W AP grant #8311.

94

DALLAS COUNTY OMLf\S COUNTY OFFICE OF BUDGET AND EV ALUAT1B'NlISS ! >IS couln

II SEP - 7 PM 3: 16

September 13, 2011

TO:

FROM:

SUBJECT:

Commissioners Court

Rya(fown, Budget Officer

Hiring Freeze

The Dallas County Commissioners Court authorized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 2011. 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 September 13, 2011 five (5) Elected Officials and one (1) Department Head desired to have their requests 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".

County Clerk - The County Clerk desires to notify Commissioners Court of their intent to fill the following positions: a) Assistant Criminal Courts Manager, grade E, position #672; b) Process Support Supervisor, grade A, position #8747; c) Clerk II, grade 6, position #567; d) Manager II, grade H, position #5963 in the Collection Division; and e) Clerical Assistant II, grade 4, position #674 prior to the expiration of the "rolling 90 day hiring freeze". Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $57,189 in savings opportunity.

Justice of the Peace 1-2 (Nash) - Judge Nash desires to notify Commissioners Court of their intent to fill a Clerk II, grade 6, position #6583 prior to the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $8,412 in savings opportunity.

Tax Assessor Collector - The Tax Office desires to notify Commissioners Court of their intent to fill the following positions: a) Tax Office Branch Manager, grade D, position #7470; and b) two (2) Clerk III, grade 7, position #s 909 and 906. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $30,901 in savings opportunity.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384 • Fax (214) 653-6517 • [email protected]

95

District Clerk - The District Clerk desires to notify Commissioners Court of their intent to fill the following positions: a) two (2) Clerk III, grade 7, position #s 344 and 5073; b) three (3) Clerk II, grade 6, position #s 3690, 3580 and 3627; and c) Clerk I, grade 5, position #3694 prior to the expiration of the "rolling 90 day hiring freeze". Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $50,853 in savings opportunity.

14th Civil District Court - The 14th Civil District Court desires to notify Commissioners Court of their intent to fill their Court Coordinator, grade E, position #3138 prior to the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $13,691 in savings opportunity.

Department Heads requesting Commissioners Court approval to fiII a position before the expiration of the "rolling 90 day hiring freeze".

Operations Services Communication Division - Operation Services requests Commissioners Court approval for an exception to the "rolling 90 day hiring freeze" for a Clerk II, grade 6, position #7185. This is the only clerical position in Operation Services Communication Division and provides services to six manager level positions. Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $8,412 in savings opportunity.

96

DALLAS COUNTY DfIlU\S CGU,HTY OFFICE OF BUDGET AND EV ALlE~.TIONII)1\[R::' COURT

II SEP -1 ~M 8: 19

September 13, 2011

TO:

FROM:

SUBJECT:

Commissioners Court

Ry~rown Budget Officer

District Attorney Grant Funded positions

BACKGROUND On January 25, 2011, the Office of Budget and Evaluation briefed Commissioners Court concerning the impact of a potential State Grant Funding decrease (attached). After the briefing the consensus of the Commissioners Court was that due to Dallas County having its own significant budget shortfall Dallas County would not pick up the cost for any decreased funding for grants or programs.

The District Attorney's Office has been notified by the State that two grants would not be renewed/awarded for FY2012. As such, the District Attorney's Office is requesting that Dallas County continue to fund the positions. The purpose of this briefing is present to Commissioners Court the request and a recommendation.

OPERATIONAL IMPACT The District Attorney's Office has received notifIcation that two grants covering three positions will not be renewed/awarded for FY2012.

Grant #6019 provided funding for an Attorney IV position #2181 that is assigned to assist municipal police departments with the evaluation of Felony Family Violence cases. The individual is physically located in the Frank Crowley Courts Building and assigned to the Grand Jury Division. The Attorney IV is responsible for case review, filing of cases, consulting with municipal policy departments, interviewing witnesses and presenting cases to the Grand Jury. The loss of this position will potentially slow down the time between arrest and indictment. The annual cost for this position is $106,217.

Grant #6016 provided fnnding for an Investigator I, position #849 and Legal Secretary, position #763. Thc Investigator is responsible for the preparation of domestic violence cases through the specialized misdemeanor Family Violence Courts of Dallas County. The Legal Secretary provides support services for the prosecution of Family Violence cases through the Protective Order Court. The annual cost for these positions is $112,057.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384 • Fax (214) 653-6517 • rlY)Jrowll@dallascountY~QLg

97

FINANCIAL IMPACT The annual cost to fund the three (3) positions that the State choose to not renew the grant is $218,274.

RECOMMENDATION The Office of Budget and Evaluation recognizes the value that the Attorney IV, Investigator I, and Legal Secretary have in meeting the workload demands of the District Attorney's Office. However, in a year when property values decreased 1.71% and Dallas County spent the last 9 months working to eliminate $38 million in expenditures which includes the elimination of 124 positions the Office of Budget and Evaluation is unable to recommend that Dallas County fund the three positions for FY2012.

98


January 25, 2011


FROM: Ryan Brown Budget Officer

SUBJECT: Dallas County Grants and impact of potential State cut

BACKGROUND For FY2010 Dallas County received grant funds from the State in the amount of $100,855,078. This funding can be divided into two categories: a) Federal Funds provided Dallas County on a pass through by the State - $60.3 million ($18.2 million in one-time ARRA funding and $42.1 million in general pass through funds) and b) funding provided to Dallas County directly from the State - $40.5 million ($35.5 million in direct funding and $5 million in reimbursement for expenses). While the State has some ability to impact the $60.3 million in Federal Funds, this briefing assumes that they will continue to pass those funds along. It should be noted that the Federal Funds will be impacted by any Federal Funding decreases enacted by Congress. The purpose of this briefing is to discuss the potential impact if the State decreases the $40.5 million by 25%.

OPERATIONAL IMPACT The $40.5 million in State funding can be broken into $35.5 million in direct funding and $5 million in direct reimbursement. The $35.5 million is detailed in the table below with a 25% decrease equal to $8.8 million.

General 25% Fund Staff

Agenc~ Amount Cut Im[lact Im[lact Juvenile Probation Commission 19,888,052 4,972,013 1,200,000 24 Commission Environmental Quality 10,613,383 2,653,346 ° 5 State Health Services 2,725,347 681,337 ° 15 Auto Theft Prevention Authority 950,488 237,622 ° 3 Criminal Justice Division 617,545 154,386 166,550 1 Community Justice Assistance Division 445,377 111,344 ° 2 Attorney General/State Comptroller 304,684 7~~_. 32,672 0

35,544,876 8,886,219 1,399,222 50

This funding level represents approximately 300 positions with the majority of the positions in the Juvenile Department operating the Charter School and Juvenile Justice Alternate Education Program (JJAEP).

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6384 • Fax (214) 653-6517. [email protected]

99

The majority of the funding goes through the Juvenile Probation Commission with approximately $9 million funding the Charter School in the Detention Facilities and the JJAEP programs. The remainder of the funding is used to offset probation services or residential placement costs. It is anticipated that any decreased funding in the Charter School and JJAEP programs will be dealt with by decreasing services provided by these programs including teacher layoffs. However, if the State decreases funding for residential placement costs, the County will be responsible for continuing those services. A 25% cut in State reimbursement for residential placement costs would represent a decrease of $1.2 million to the General Fund.

Dallas County receives $10.6 million in funds from the State Commission on Environmental Quality. The majority of the funds ($9.3 million) are passed on to the Council of Governments to pay for income based smoking vehicle repair or destruction. A cut in this funding would have a negative impact on air quality but would not have a Dallas County General Fund impact. The remaining funds or $1.3 million are used for the smoking vehicle programs, primarily the Clean Air Taskforce. A 25% reduction of this funding would result in a decrease of $325,000 with five deputy positions being eliminated from the Clean Air Taskforce.

Dallas County receives $2.7 million in funds from the State Health Services Department. The vast majority of these funds are used to fund tuberculosis and sexually transmitted disease elimination programs. Decreasing this funding by 25% or $675,000 would result in the laying off of approximately 15 health professionals.

The Sheriffs Office receives $1 million annually from the Auto Theft Prevention Authority. A decrease of $250,000 would result in the decrease of three of the eight deputy positions funded by the grant.

Dallas County receives $617,545 in funds from the Criminal Justice Division of the State to fund these programs. Substance abuse treatment in the Drug Intervention Court, Mental Health Diversion Court and DWI Court programs receives $451,295. Decreasing this funding by 25% or $112,823 would result in fewer treatment funds thereby limiting the number of participants in the programs. Dallas County is reimbursed for a portion of the Criminal Justice Director's salary ($150,000 over two years). Decreasing this funding by 25% or $37,500 would represent a decrease in revenues. A grant also pays for one District Attorney position in the Child Abuse Division ($65,000). Decreasing this funding by 25% $16,250 would result in the elimination of the position.

Community Justice Assistance Division provides Dallas County funds in the amount of $445,377 to operate the SAFPF ReEntry program. These funds are provided to Dallas County by Community Supervision and Community Corrections (CSCD) and fund 6 positions. Decreasing these funds by $111,344 would result in the elimination of two employees and decreased program capacity.

100

Lastly, the Attorney General and State Comptroller's Office provide Dallas County funding in the amount of $304,684. These funds are used to fund the following: a) State contribution to cover the Victim Notification system (VINE - $123,449), b) funding for a Sheriff Deputy and overtime to enforce tobacco product age laws ($99,000), c) funding for a District Attorney Victim Assistance grant ($49,992), d) overtime for Constable Precinct Two to enforce tobacco product age laws ($25,000), and e) State funding for Minority Business Office ($7,242). Decreasing these grants by 25% would result in $32,672 in decreased revenue reimbursement.

In addition to the $35.5 million described above Dallas County receives $5 million in reimbursements from the State. The table below lists the reimbursements:

Agency Program Amount Taskforce on Indigent Defense Comptroller Judiciary Texas Department of Family & Protective Services State Comptroller State Comptroller Texas Department of Transportation Secretary of State Comptroller Judiciary Attorney General Comptroller Judiciary

Indigent Defense Reimbursement Jury Supplement CPS Attorneys/Child specific District Attorney Longevity Probate Supplement CMAQ/LAPFA Chapter 19 District Attorney Witness Fees IV-D Local Rule Capital Appeal

1,600,631 1,273,100

805,665 384,199 233,350 195,197 142,351 125,946 117,434 36,303

4,914,176

Expenses related to the majority of these reimbursements would continue to be paid by Dallas County if the reimbursement was cut by 25% or $1,228,544. The impact would be no change in expenses but lower revenues.

CONCLUSION As the State begins to address its budget shortfall, Dallas County has $40.5 million in State grant funds at risk. A 25% reduction in the impacted programs could result in $2.6 million in lost revenue to the General Fund, a decrease of 50 positions, and program service cuts of $7.4 million. As the Federal government begins their budget deliberations in the summer an additional $60.3 million in State pass through grant funds could be impacted.

1 0 1


September 8, 2011

To:

Through:

From:

Subject:

Commissioners Court

RQBrown, Budget Officer

Ronica L. Watkins, Senior Budget & Policy Analyst

Dallas County Truancy Court Agreement for Funding with A + Academy Texas Charter School

BACKGROUND A + Academy Texas Charter School notified Dallas County Truancy Courts regarding their desire to enter into a Truancy Court Funding Agreement during the 2012 school calendar year. A + Academy recognizes that the ultimate goal is to get the students back in school as quickly and timely as possible, filing cases with the dedicated truancy courts makes this a reality because of its ability to process the cases and monitor them throughout the school year. The purpose of this briefing is to provide information to Commissioners Court regarding the agreement for Truancy Court funding with A + Academy Texas Charter School.

OPERATIONAL IMPACT Dallas County has created five constitutional county courts to handle only Failure to Attend School cases and Parent Contributing to Truancy cases. The Truancy Courts are recognized by law as county constitutional courts with the County Judge presiding and utilizing full time magistrates to hear all cases. Additionally, the County provides the facilities, personnel, and supplies for operation of the courts. A + Academy Texas Charter School will file their Failure to Attend School cases and Parent Contributing to Truancy cases with the Central Dallas County Truancy Courts.

LEGAL IMPACT The contract has been reviewed and approved to form by the Dallas County Civil District Attorney's Office.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6448 • Fax (214) 653-6517 • [email protected]

102

FINANCIAL IMPACT Dallas County will continue funding five truancy courts to handle all cases filed by Independent School Districts. A + Academy has agreed that all fine monies that is owed to their respective districts under Section 2S.093(d)(1) of the Education Code as of the effective date of this Agreement for cases then pending or previously disposed will belong to the County as the district's contribution towards the start-up costs for the Truancy Courts. Also, for the duration of this agreement A + Academy has agreed to forego receipt of fine monies collected by the Truancy Courts.

RECOMMENDATION The Office of Budget and Evaluation recommends the approval of agreement for truancy court funding between Dallas County and the A + Academy Texas Charter School.

..

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

103

AGREEMENT FOR TRUANCY COURT FUNDING

WHEREAS, the County of Dallas (County) and the A+ Academy Texas Charter School desire to address the problem of truancy within the County; and

WHEREAS, under Texas Law, justice courts, municipal courts, and constitutional county courts have jurisdiction to accept and dispose of cases brought for the offenses of Failure to Attend School (§25.094, Education Code) and Parent Contributing to Nonattendance (§25.093, Education Code); and

WHEREAS, the County has created four constitutional county courts to handle only Failure to Attend School cases and Parent Contributing to Nonattendance cases; and

WHEREAS, the County will fund the truancy courts to handle cases filed by A+ Academy Texas Charter School; and

WHEREAS, A+ Academy Texas Charter School desires to contribute to this effort;

NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the County and A+ Academy Texas Charter School upon and for the mutual consideration stated herein:

I. TRUANCY COURT PLAN

Dallas County will continue to operate four (4) Truancy Courts. Truancy Courts shall be county constitutional courts with the County Judge presiding and utilizing full time magistrates to hear all matters before the courts. Court costs and fines collected from these courts (non-state revenue) shall be retained by the County and used solely for truancy prevention programs, including operating expenses of the Truancy Courts. Further, the County will provide the facilities and supplies for operation of the courts.

II. A+ Academy Texas Charter School FUNDING OF TRUANCY COURTS

A+ Academy Texas Charter School shall provide funding fOf the Truancy Courts as follows:

A. All fine moneys owed to A + Academy Texas Charter School by Dallas County Justice of the Peace Courts as of the effective date of this Agreement for cases then pending Of previously disposed shall belong to the County as A+ Academy Texas Charter School's contribution to operating costs for the Truancy Courts.

B. For the duration of this Agreement, A+ Academy Texas Charter School will forego receipt of fine monies collected by the Truancy Courts and otherwise payable to A+ Academy Texas Charter School under Section 2S.093(d)(J) of the

104

Education Code. Such monies shall be deposited in the General Fund of County, and used by the County solely lor truancy prevention programs, including operating expenses of tile county Truancy Courts.

m. T.I~RM. AND TERI'vUNATION

A. 'rhe term of this Agreement shall commence on the execution of this Agreement ,md shall continue as long as the Truancy Conrts established as set forth ill Section I of this Agreement afC in existence.

Either party may terminate this Agreement, with or without cause, upon 90 written notice lathe other party. However. early termination by A+ Academy Texas Charter School shall not relieve A+ Academy Texas Charter School of its obligations under Section 1l.8. of this Agreement for the then current fiscal year.

C. Notwithstanding any provisions contai.ned herein, this Agreement is expressly contingent upon the availability of Ihnding for each obligation contained herein the tcnll of the Agreement and any extension thereto. In the event that either party is unable to 1i.1I11ll its obligations under this Agreement as a result of lack of sufficient li.mding or if limds become unavailable, thLs Agreement will terminate without penalty to, or Ii.!l"lher obligation of: either party,

IV,

REPORTS

County shall remit to A+ Academy Texas Charter School a quarterly repOJ1(s) showing expenses of: and revenue collected by, all four of the truancy courts as set forth in Section L Additionally, County shall remit to A+ Academy Texas Charter School such other reports as may be mutually agreed upon by the parties,

V. AGENCY-INDEPENl)ENT CONTRACT

The County and AI Academy Charter Schoo] agree and acknowledge that cach entity is not an agent of the other entity and that each entity is responsible for its own negligent acts or omissions or other tortious conduct, and fbr those of its agents or employees in conjunction witb this l\greel11cnt without waiving any sovereign or governmental immunity available to either the County Of A+ Academy Texas Charter School and without waiving any available defenses under Texas law. This Agreemci1t docs not and shall not be construed to entitle either pat1y or any of their respective emnl1lVc,es, if applicable. to bencHt. privilege or other amenities of employment applicable to the other party. Nothing in Agreement shall construed to create or grant contractual or otherwise, in or to any third or entities.

VI.

AMENDMENT

105

This Agreement may not be amended except in a written instrument specilically referring to by the parties hereto.

VIT.

BINnING AGREEMENT. AUTHORITY.l'ARTIES BOUND

This Agreement has been duly executed and delivered to all parties and constitutes a legal, valid and binding obligation of tbe pal1ies. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Agreement.

VIII.

AI'l'.LlCABLE LAW

This Agreement sball he e"pressly subject to the participating parties' sovereign and governmental immunity, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable Jederal and stale law. This Agreement shall be governed by and construed in accordance with the laws of the Statc of 'Cexas and venue of any legal action tiled by any party shall be in Dallas County, Texas.

X.

SEVF.:RABILITY

In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, sueh invalidity, ilIegalitv. or uncnforceahilitv oftbe Agreement shall be construed as if such invalid.

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

illegaL or uucnl~lrceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in foree and "ffee!.

A+ Academy Texas Charter Schno\ TEXAS SCHOOL DISTRICT

By:

Bobby Parker

Academy 'fexas Charter School

Board President

APPROVED

Aii{4\ca,;Jcl1w rexas Charter School

Attomey

COUNTY OF DALLAS,

B' y .. ~, .. ,.--,-,-"-,--.. ,.,,. Clay Lewis Jenkins

Dallas County Judge

APPROVED AS TO FOR/lei.'

Assistant District Attorney

106

September 8, 2011

To:

Through:

From:

Subject:

Commissioners Court

Ry~rown, Budget Officer

Ronica L. Watkins, Senior Budget & Policy Analyst

Dallas County Truancy Court Agreement for Funding with Inspired Vision Academy

BACKGROUND Inspired Vision Academy Texas Charter School notified Dallas County Truancy Courts regarding their desire to enter into a Truancy Court Funding Agreement during the 2012 school calendar year. Inspired Vision Academy recognizes that the ultimate goal is to get the students back in school as quickly and timely as possible, filing cases with the dedicated truancy courts makes this a reality because of its ability to process the cases and monitor them throughout the school year. The purpose of this briefing is to provide information to Commissioners Court regarding the agreement for Truancy Court funding with Inspired Vision Academy Texas Charter School.

OPERATIONAL IMPACT Dallas County has created five constitutional county courts to handle only Failure to Attend School cases and Parent Contributing to Truancy cases. The Truancy Courts are recognized by law as county constitutional courts with the County Judge presiding and utilizing full time magistrates to hear all cases. Additionally, the County provides the facilities, personnel, and supplies for operation of the courts. Inspired Vision Academy Texas Charter School will file their Failure to Attend School cases and Parent Contributing to Truancy cases with the Central Dallas County Truancy Courts.

LEGAL IMPACT The contract has been reviewed and approved to form by the Dallas County Civil District Attorney's Office.

411 Elm Street - 3rd FloOf, Dallas Texas 75202-3340 (214) 653-6448 • Fax (214) 653-6517 • [email protected]

107

FINANCIAL IMPACT Dallas County will continue funding Jive truancy courts to handle all cases filed by Independent School Districts. Inspired Vision Academy has agreed that all fine monies that is owed to their respective districts under Section 2S.093(d)(1) of the Education Code as of the effective date of this Agreement for cases then pending or previousl y disposed will belong to the County as the district's contribution towards the start-up costs for the Truancy Courts. Also, for the duration of this agreement Inspired Vision Academy has agreed to forego receipt of fine monies collected by the Truancy Courts.

RECOMMENDATION The Office of Budget and Evaluation recommends the approval of agreement for truancy court funding between Dallas County and the Inspired Vision Academy Texas Charter School.

STATE OF TEXAS

COUNTY Of UALLAS

§ § §

108

AGREEM.ENT FOR TRUANCY COURT fUNDING

WHEREAS, the County 01' Dallas (COllnty) and the Inspired Vision Academy desin~ to address the problem oJ'truancy within the County: and

WHE1U:AS, under Texas Law, justice courts .. municipal courts, and constitutional county courts have jtllisdiction to accept and dispose of cases brought for the offenses of to Attend School (§25,094, Education Code) and Parent Contributing to N'()nattcndancc (§25,(J93, Education Code); and

WHEREAS, the County has created Ibm constitutional COIU1ty courts to handle only Failure 10 Attend School cases and Parent Contributing to Nonattendance cases; and

WHI~RlrAS, the County will fund the truancy courts to handle cases med by Inspired Vision Academy 'rexas Cbarter School; and

WIIILREAS, Inspired Vision Academy desires to contribute to this effort;

NOW, 'nmREF()RE, THIS AGIU2EMI,:NT is hereby made and entered into by the County and Inspired Vision Academy upon and [hi the mutual consideration stated herein:

I. TRUANCY COURT PLAN

Dallas County will continue to operate four (4) Truuncy Courts. Truancy Courts shall be county constitutional comis with the County Judge presiding and utilizing litH time magistrates to heal' all matters before the courts, Court costs and fines collected from these conrts (nOlHtate revenue) shal! be retained by the County and used solely fhr truancy prevention programs, including operating expenses of the Tmancy COUI'!S, Further, the County will provide the facilities and supplies fill' operation of the courts,

n. Inspired Vision Academy FUJ'I\DlNG OfTIWANCY COURTS

inspired Vision Academy shaH provide fllllding fbI' the Truancy Courts as/(l!1oWS:

A, All line moneys ovvcd to Inspired Visi"" Academy by Dallas COUllty Justice of the Peace Courts as of' the clTeelive dute of' this Agreement i()r cases then pending or previously disposed shall belong to the County as Inspired Vision Academy's contribution to operating costs ['or the Truancy Courts,

B For the offilis Agreement, blspired Vision Ac;tdeOly will forego receipt offinc mOllies collected by the Truancy otherwise payahle to l",mi'",,1

Vision under Section J)93( d)(l) of the Education Such l11e'"1'" shall be in the General Fund of' the used the County

109

solely for truancy prevention programs, including operating expenses of the county TnlHncy Courts.

III. TERM AND TERMlNATION

A. The term of this Agreement Shll11 commence on lhe execution of this Agreement and shall continue as long as the Truancy Courts established as set lurth in Section J of tbisAgrecmel11 arc in existence.

B. Either paIty may terminate this Agreement, with or without cause, upon 90 days \-,Tilton notice to the other party, However, early termination by Inspired Vision Academy shall not relieve Inspired Vision Academy of its obligations under Sectioll ILB. of this Agreement fell' the then current fiscal yeaL

C Notwithstanding any provisions contained herein, this Agreement is expressly contingent upon the availability of funding fur each obligation contained herein for the temt of the Agreement and any extension th,,>relO, In the event that either paJ1y is unable to fulfill its obligations under this Agreement as a result of lack of suHieient funding or if funds become unavaiJable, this Agreement will telminate without penalty to, or further obligation of: either PaIty,

IV.

REPORTS

County shall remit to Inspired Vision Academy a quarterly report(s) showing expenses 01; and revenue collected by, all four of the truancy courts as set lortb in Section L Additionally, County shaH remit to Inspired Vision Academy such other reports as may be mutually agreed upon by the parties.

V.

AGENCY -INDEPENDENT CONTRACT

'['he County and Inspired Vision Academy agree and acknowledge that each entity is not an agent of the otk>r entity and that eaeh entity is responsiblelbr its own negligent acts or omissions or other tortious conduct, and fbr those of its agents or employees in conjunction with U1is Agreement withoulwaiving sovereign 01: governmenlal immunity available to either the County or Inspired Vision Academy and without waiving any available defenses under 'fexas law, This Agreement does not and shall. not be construed to entitle either party or any 01' their respective empJoyees, if applicable, to any b0l10111, privilege or other amenities of employment applicable to the other party. Nothing in this Agreement shaH be construed to create or any dghts, contractual or otherwise, in or to persons or entities,

VI.

AMENl)MENT

1 1 0

This Agreement may not be amended except in a written instrument specifIcally r"I·pr,,·inn

to this Agreement by the parties hereto.

VB.

BINDING AGREEMENT, ALJTHORITY, PARTIES HOLJND

This Agreement has heen duly executed and delivered to all parties and constitutes a legal, valid and binding obligation oflhe parties. Each person executing this Agreement on behalf of each party represents and warrants tbat they have full right and authority to enter into this A.greement.

VIII.

APPLICABLE LAW

This Agreement shall be expressly sul<jeet to the participating parties' sovereign and governmental immunity, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state law. This Agreement sball be governed by and construed ill accordance with the laws of the State of Tcxas and venue of allY legal. action filed by any party shall be in Dallas County, Texas.

X. SEVJ.i~RAIULiTY

In the event that one or more of the provisions contained in tbis Agreement shall tel!' any rcason be held to be invalid, illegal or unenfbrceablc in any respect, such invalidity, illegality, or llncnrorceability oethe Agreement shall be construed as ifsuch invalid, illegal, or unenforceable provision has never been contained herein, but shall not affect the remaining provisions oftlli, Agreement, which shall remain in force and em.:et.

Inspired Vision Acndemy Texlis Chnrtcr School n:XAS SCHOOL mSTRlCT

lnspired Vision Academy

Board Prt:Osident

APPROVED AS TO

Attorney

By:

COUNTY OF OALLAS,

Clay Lewis Jenkins

DaJlas County Judge

APPROVED AS TO FORA1:

Assistant DistTictAttorney

111

September 13,2011

MISCELLANEOUS

1) FACILITIES MANAGEMENT - requests approval:

a) to purchase a supplemental microphone/amplification system for a training room at the Henry Wade Juvenile Justice Center. This room holds numerous meetings each month, including the Behavioral Health Leadership Team (BHLT), with 40-60 attendees. Funding in the amount of $3,246 is available within the department's operating budget (120.1022.02670). Recommended by the Office of Budget and Evaluation.

b) to allow the Dallas Community College Faculty Association to conduct an annual leadership conference at the Commissioners Court room on November 4,2011 from I :30 pm - 5:00 pm. The leadership conference does not present any facility usage conflict. Recommended by the Office of Budget and Evaluation.

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:

09/13/lJ

Justice of the Peace 4-2 (Hubener) 2 - Five Drawer File Cabinet 4 - Six Drawer File Cabinet $0 Surplus Surplus Judge Hubener requests approval for the transfer of the listed items from surplus to Justice of Peace Precinct 4-2, Irving, Texas. Recommended by the Office of Budget and Evaluation.

1 1 2

TELECOMMUNICATIONS

Jury Services- Pl109002 - requests 2 data drops and I voice drop for additional staffing. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended

Juvenile- Probation #5 - Dl109001 - requests to repair/replace existing data drop. Cable is no longer working. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 -Recommended

Sheriff Department - Ml109002 - requests long distance code for Cecile Velasco. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Sheriff Department - Warrant Execution Section - requests: Ml109004 - 2 voice drops for expansion of office. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 - Recommended

Dl109002 - I data drop for expansion of office. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide depmiment 1023, line item 72 I 0 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 depaIiment and is stated.

• Pagers are funded from department 1023, line item 7214.

09/13111

1 dallas county commissioners court briefing agenda · 2011-09-12 · dallas, tx 75202-5717 vendor...

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