court order ~l008 1117 - dallas county€¦ · 10/06/2008 · orderno.: ~,.....::.-~l008 1117 _...

COURT ORDER

~l008 1117ORDER NO.: ~,......::.- _

DATE: JUNE 10, 2008

STATE OF TEXAS §§

COUNTY OF DALLAS §

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

.June 10th , 2008, on motion made by Maurine Dickey, Commissioner of Dis t 1,

and seconded by .John Wiley Price, Commissioner of Dist. 3 , the following Order

was adopted:

WHEREAS, a claim was presented by Marsha and Jerry Chambers and was discussed with theCommissioners Court in closed session on June 3, 2008 as permitted by the Texas Government Code §551.071 ( 1)(b);and

WHEREAS, the Civil Division of the Criminal District Attorney's Office has recommended that the claim bedenied and good cause appearing to the Court to deny said claim.

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

JuneDONE IN OPEN COURT this the 10th day of .;...........;:.-- -', 2008.

Bob ScherrChief, Civil DivisionAssistant District Attorney's Office

COURT ORDER

2008 1118ORDER NO.: _

DATE: JUNE 10, 2008

STATE OF TEXAS

COUNTY OF DALLAS

§§§

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

June 10th 2008 on motion made b Haurine Dickey, Corom. of District #1----"':....==-~~------" y---------------------and seconded by John Wiley Price, Comm. of District 113 , the following Order

was adopted:

WHEREAS, a claim was presented by Germania Insurance Company and was discussed with theCommissioners Court in closed session on June 3,2008 as permitted by the Texas Government Code §551.071 (1)(b);and

WHEREAS, the Civil Division of the Criminal District Attorney's Office has recommended that the claim bedenied and good cause appearing to the Court to deny said claim.

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

June,

Mike Cantrell, Comm. Dist. #2

Recommended for Approval:

BobChief, Civil DivisionAssistant District Attorney's Office

/

2008 111.9ORDER NO. _

DATE: ..TIINE 10, 2008

STATE OF TEXAS §

COUNTY OF DALLAS §

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

Juneday of10thheld on the ~~__

Maurine Dickey, Commissioner of District No. 1

John Wiley Price, Commissioner of District No. 3

WHEREAS, on June 10, 2008, the Dallas County Commissioners Court was briefed on the donation ofequipment to Dallas County for the use of Dallas County Constable, Precinct 3; and

WHEREAS, this donation is made in support of the law enforcement task force targeting clean airviolations.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County CommissionersCourt does hereby accept the donation of the attached listed items for the use of Dallas County Constable,Precinct 3 and directs the Purchasing Agent and County Auditor to record and note these items in thedepartment's property inventory.

June10th

Mike Cantrell, District #2

DONE IN OPEN COURT this the _----::;.~_ day of__~~:::::..-__ , 2008.

Exhibit ADate Ordered 05/20/2008

1. SanDisk SDHC Memory Card 8GBSerial # SDSDB-8192-All

2. Nikon D80 Camera BodyBody Serial # 3397729Battery Charger # 0802010985

3. Quantaray QSX 9002TM Tri-monopodStock # 29-166-0793

4. Samsung Ultra Slim 20" TVSerial # AJUT34AQ301909LReplacedSamsung SyncMaster 2032NW Black 20" LCDSerial # PE20HVGQ200068H (Mailed off for refund)

5. Quantaray AutoFocus ~8-200 F3.5 - 6.3 zoom lensSerial # 3133763

6. Sony Handycam. DCR-SR85Camera Serial # 1129311Handycam station # 9016681Power adapter # 08015652752

7. Sony Handycam.DCR-SR85Camera Serial # 1129316Handycam station # 9016645Power adapter # 08015652756

8. Canon Binoculars Image Stabilizer 10x30 ISSerial # 38400106

9. Sigma EX 50-500mm F4-6.3 APO DGSerial # 5051501

10. Lowepro Nova 4 AWSerial#N/AUPC # 5603503743

11. Nikon Li-On Battery EN-EL3ESerial#N/AUPC # 1820825334

12.NC HR-XVC12S DVDIVHS dubbing stationSerial # 063R3286

13. PV-500 w/4GB SD CardSerial # Specially Manufactured

13. PV-800 ProPocketDVRSerial # Specially Manufactured

14. Button cam color Hi-Res cooSerial # Specially Manufactured

15. Baseball cap camSerial # Specially Manufactured

16. Color Radar DetectorSerial # Specially Manufactured

17. 4CHMobileDVR w/4GB CFSerial # Specially Manufactured

18. RepeaterSerial # Specially Manufactured

19. WristwatchTrans 15mWSerial # Specially Manufactured

20. Battery Wristwatch TransmitterSerial # Specially Manufactured

21. Antenna Disguised CombinationSerial # Specially Manufactured

COURT ORDER

11202008ORDER NO: _

DATE: JUNE 10, 2008

STATE OF TEXAS s

COUNTY OF DALLAS §

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

10th day of June ,2008 on motion made by

~1aurine Dickey, Commissioner of District No.1 and seconded by

John Wiley Price, Commissioner of District No.3 the following Order

was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Dallas County contracts with Lone Star Tractor Service, Inc. for right of way mowing services in theunincorporated area of Dallas County and along Type "B" roads within the City of Sachse; and

Dallas County Road & Bridge policy allows for funding partnerships on Type "B" roads forimprovements and maintenance not to exceed 50% county funding of the actual projects costs; and

The City of Sachse has requested that Dallas County District 2 fund up to 50% of the annual costs ofright ofway mowing services not to exceed $1,500.00 to be paid by R&B District 2 resources, andfurthermore signed an Interlocal Agreement on May 8, 2008; and

Road & Bridge District 2 agrees to remit a bill to the City of Sachse annually based on invoices foractual costs expended for mowing the right of way in accordance with county billing policy.

June

NOW THEREFORE BE IT RESOLVED that the Dallas County Commissioners Court approves the InterlocalAgreement between Dallas County and the City of Sachse for the purpose ofproviding funding for right of way mowingfrom the existing county vendor, Lone Star Tractor Services, Inc. at an annual expense not to exceed $1,500.00 to be paidby R&B District 2 funding.

10thDONE IN OPEN COURT, this the day of , 2008.

44

MIKE CANTRELLDallas County Commissioner District 2

June 3,2008

OG

, 1 ~ ,

" f'l/'I

; L;jr • rr;\" J..,

TO: Commissioners Court

THROUGH: Mike Cantrell, District 2

FROM: Traci Enna, Executive Assistant

SUBJECT: Funding Interlocal Agreement with City.of.Sachse for ROW Mowing

Background:In May 2007, Commissioners Court authorized a twelve month extension of Bid No. 2004-0821505 Annual Contract for Mowing Services to Lone Star Tractor Service Inc., with Court OrderNo. 2007-938, for mowing services in the unincorporated area of Dallas County that is notcovered by other jurisdictions. In January 2008, District 2 performed a review of the mowingservice and determined that the total right of way needs should be reduced from 29.85 to 14.99miles. On March 11, 2008, the Commissioners Court authorized the modification of Bid No.2004-082-1505 Annual Contract for Mowing Services to reflect the decrease in right of waymowing services from 29.85 to 14.99 at a rate of$45 per mile, in accordance with Texas LocalGovernment Code 262.031 (b) Changes in Plans and Specifications.

By Court Order 2006-1171, dated June 27,2006, Commissioners Court approved the amendmentto the R&B Policy reflecting the re-alignment to District 2, providing for flexibility andresources to support transportation needs. Dallas County R&B Policy, Section 102-6 allows forfunding as follows: "(B) Type Band C roads and bridges improvements and maintenance shallreceive: (1) not to exceed 50% county funding of the actual project costs of additionright ofway, utility adjustments and construction for improvements, annual maintenance or minormaintenance in response to a priority request by a city or emergency conditions when requestedby other governmental entities ... "

The purpose of this briefing is to recommend a funding request by the City of Sachse betweenDallas County and the City of Sachse for up to 50% of the costs of the right of way mowingservices on Type B roads within the City of Sachse. Of the total 14.99 miles under the contractwith Lone Star Tractor Services, Inc., 8.397 are located along Type B roads within the citylimits.

District Office:Administration Office:

715 Rowlett Road, Garland, Texas 75043411 Elm Street, Suite 250, Dallas, Texas 75202

214-589-7060214-589-7090 Fax

45

Impact of OperationsDistrict 2 is requesting that the Commissioners Court approve an Interlocal Agreement betweenDallas County and the City of Sachse so that the county can provide funding up to 50% for rightof way mowing services.

Financial ImpactIt is typical for the vendor to provide six to seven mowings annually, at an approximate cost of$377.87 for each mowing within the City of Sachse. The total annual costs for these servicesshould not exceed $3,000.00. Dallas County would provide up to 50% of the funding for theseservices to be paid with District 2 funds.

Legal ImpactThe Civil District Attorney's Office prepared and has approved the attached InterlocalAgreement between Dallas County, Texas and the City of Sachse. On May 8, 2008, the City ofSachse executed the ILA as well.

Strategic Plan ImpactThe recommendation included in this briefing is consistent with Dallas County Strategic PlanVision 1: Dallas County Government models Interagency Partnership and Collaboration Dallas County provides mission-critical programs and services to its stakeholders.

RecommendationRoad & Bridge District 2 recommends that the Dallas County Commissioners Court approve thelnterlocal Agreement between Dallas County and the City of Sachse for the purpose ofprovidingfunding for right ofway mowing from the existing county vendor, Lone Star Tractor Services,Inc. at an annual expense not to exceed $1,500.00 to be paid by R&B District 2 funding.

40

INTERLOCAL AGREE1\1ENT BET'VEEN DALLAS COUNTY, TEXAS AND THECITY OF SASCHE

THIS AGREEMENT ("Agreement") is made and entered into by City of Sachse, hereinafterreferred to as "City" and the County of Dallas, Texas.

WIIEREAS, City require the services of County Road and Bridge District Two hereinafterreferred to as ("County") for the purpose of mowing the right-of-way; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorizationfor local governments to enter into interlocal contracts;

NOW THEREFORE, in consideration of the premises, promises and mutual covenantscontained herein and other good and valuable consideration, the receipt and sufficiency of whichis hereby acknowledged, City and County agree as follows:

WI T NE S SETH

1. PROJECT

City has requested and Countyagrees to providerundtng forright-ofway mowing fromCounty vendor, currently Lone Star Mowing, hereinafter referred to as the "Project". 111eProject is classified as a County Type "B" road project.

2. TERM

The term of this Agreement shall be from the date of the last signature approving theAgreement until terminated by County or City as provided in section 5 below.

3. COUNTY AND CITY COVENANTS MTJ) AGREES AS FOLLOWS:

A. County and City agrees to share the funding of the Project on an equal share basis(50%/50%) of the total Project costs of approximately Three Thousand and 00/00dollars ($3,000.00) a year. If the total Project costs exceed this amount, the City andCounty agree to be responsible for the additional amount based on their respectiveshare of the additional Project costs.

B. Provide City Council Resolution adopting approved proposed estimated budget andcommitment to meet Project funding.

Interlocal Agreement R&B l-City of Sachse

03/08

47

4. . FUNDING

A. County will remit a bill to City annually based on invoices for actual costs expendedfor mowing the right-of-way in accordance with County billing policy.

B. In the event that additional funds are due, the County will bill City who agrees to paysuch funds within thirty (30) days of receipt of such billing.

5. TERMINATION

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

A. By mutual written consent and agreement of County and City.

B. By either party, by notice in writing establishing the effective date of termination tothe other party as consequence of the party being in default of the provisions of thisAgreement or failure to timely provide funding, with proper allowances being madefor circumstances beyond the control of the defaulting party.

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

6. MODIFICATION OF AGREEMENT

Either County or City may initiate a written request to modify the Agreement. Uponreceipt of such request by either party, the City and County shall review the conditionsassociated with the request and determine the necessity of the modification. If both City andCounty agree that a modification is warranted, City and County shall negotiate and mutuallyagree upon the specific modification(s) and any resulting changes in costs, fees, unit prices orcompletion dates.

Agreement modifications shall be in the form of a written Amendment to this Agreementclearly defining the applicable changes. All terms and conditions of the Agreement that are notmodified shall remain in full force and effect. .

7. COUNTY AUDIT

County, its Auditor or its designated representative(s) shall have the unrestricted right toaudit any and all accounting or other records regarding any funds paid or claimed under thisagreement, including, but not limited to all books, records, reports, tickets, deposits,expenditures, budget or any item therein, supporting data, computer records and programs, andall items of hardware, software or firmware, or any other item utilized by the City regarding thisagreement. City contracts and agrees that all records shall be kept and maintained for a period oftime not less than two (2) years from the date of the termination of this Agreement. Such records

Interlocal Agreement R&B I-City of Sachse

03/082

4<::3

shall be provided to the County in Dallas County, Texas and available for any audit at any timeupon request.

The results of any audit may be furnished to City for comment. In the event that anyaudit shall determine that moneys are owed to County such sums are deemed to be due andpayable to Dallas County, Texas within 30 days of the date of an invoice for such cost beingdeposited in the U.S. Mail, Certified Mail, Return Receipt Requested.

The audit provisions of this agreement shall survive the termination of this agreementuntil claims brought by Dallas County, Texas are fully paid or reduced to judgment not subject toappeal.

8. FISCAL FUNDING

Notwithstanding anything to the contrary herein, this Agreement is expressly contingentupon the availability of County funding for each item and obligation contained herein. City shallhave no right of action against the County as regards this Agreement, specifica1Jy including anyfunding by County of the Project in the event that the County is unable 10 fulfill its obligationsunder this Agreement as a result of the lack of sufficient funding for any item or obligation fromany source utilized to fund this Agreement or failure of any funding party to budget or authorizefunding for this Agreement during the current or future fiscal years. In the event of insufficientfunding, or iffunds become unavailable in whole or part, the County, at its sole discretion, mayprovide funds from a separate source or terminate this Agreement. In the event that payments orexpenditures are made, they shall be made from current funds as required by Chapter 791, TexasGovernment Code.

Notwithstanding anything to the contrary herein, this Agreement is expressly contingentupon the availability of City funding for each item and obligation contained herein. County shallhave no right of action against the City as regards this Agreement, specifically including anyfunding by City of the Project in the event that the City is unable to fulfill its obligations underthis Agreement as a result of the lack of sufficient funding for any item or obligation from anysource utilized to fund this Agreement or failure of any funding party to budget or authorizefunding for this Agreement during the current or future fiscal years. In the event of insufficientfunding, or if funds become unavailable in whole or part, the City, as its sole discretion, mayprovide funds from a separate source or terminate this Agreement. In the event that payments orexpenditures are made, they shall be made from current funds as required by Chapter 791, TexasGovernment Code.

9. DISPUTES

The Dallas County Commissioners Court Administrator (hereinafter "Administrator")shall act as referee in all disputes under the terms of this Agreement between the parties hereto.The Administrator and the applicable City shall negotiate in good faith toward resolving suchdisputes. The Administrator shall present umesolved disputes arising under the terms of this

Interlocal Agreement R&B l-City of Sachse

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49

Agreement to Commissioners Court. Violation or breach of contract terms by either party maybe grounds for termination. Should a breach occur the non-breaching party may, at its solediscretion, terminate this Agreement. All additional or increased costs arising from the nonbreaching party termination of this Agreement for default shall be paid by the breaching party.

10. AGENCY

County and City agree and acknowledge that each entity is not an agent of the otherentity and that each entity is responsible for its acts; forbearance, negligence and deeds, and forthose of its agents or employees in conjunction with the performance of work covered under thisAgreement.

11. AMENDMENTS OR MODIFICATION

This Agreement shall not be amended or modified except by written agreement executedby duly authorized representatives of the Parties.

12. ASSIGNMENT

The Parties shall not sell, assign, transfer or convey this Agreement, in whole orin part,without the prior written consent of the other party.

13. NOTICE

Any notice or certification provided for in this Agreement to be given by either Party tothe other shall be required to be in writing and shall be deemed given when personally deliveredor within three (3) business days after being deposited in the United States Mail, postage prepaid,certified, return receipt requested or registered addressed as follows:

To COUNTY:

To CITY:

County of DallasMike CantrellCounty Commissioner, District 2715 Rowlett RoadGarland, Texas 75043

City of SachseAllen BarnesCity Manager5560 Hwy. 78Sachse, Texas 75048469-429-4775

lnterlocaJ Agreement R&B l-City of Sachse

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bU

14. FORCE MAJEURE:

Neither County nor City shall be deemed in violation of this Agreement if it is preventedfrom performing any of its obligations hereunder by reason of, for or through strikes, stoppage oflabor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, anact 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 besuspended until such time that such inability to perform, shall be removed. The party claimingthe suspension shall give notice of such impediment or delay in performance to the other partywithin ten (10) days of the knowledge of such occurrence. Each party shall make all reasonableefforts to mitigate the effects of any suspension.

15. INDEMNIFICATION

County and City agree that both County and City shall each be responsible for theirown negligent acts or omissions or other tortious conduct in the course' of performance ofthis Agreement; without waiving any sovereign or governmental immunity available toeither County or City under Texas law and without waiving any available defenses underTexas Jaw. Nothing in this paragraph shall be construed to create or grant any rights,contractual or otherwise, in or to any third persons or entities.

16. SEVERABILITY

If any provision of this Agreement shall be held invalid, void or unenforceable, theremaining provisions hereof shall not be affected or impaired, and such remaining provisionsshall remain in full force and effect.

17. ENTIRE AGREEMENT

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

18. VENUE AND GOVERNING LAW

This Agreement shall be expressly subject to the sovereign immunity of County and thegovernmental immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, asamended, and all applicable federal and state law. This Agreement shall be governed by andconstrued in accordance with the laws and case decisions of the State of Texas. Exclusive venuefor any legal action regarding this Agreement filed by either City or County shall be in DallasCounty, Texas.

InterJocal Agreement R&B l-City of Sachse

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b 1

19. NO TIIIRD-PARTY BENEFICIARY ENFORCEMENT

It is expressly understood and agreed that enforcement of the terms and conditions of thisAgreement and any right of action relating to such enforcement shall be strictly reserved toCounty and City and nothing contained in this Agreement shall be construed to create any rightsfor any third parties.

20. FORMAL COURT APPROVAL

This Agreement is expressly subject to and contingent upon formal approval by theDallas County Commissioners Court and by resolution of the respective City Councils.

IN WITNESS "WlIEREOF by their' signatures hereon each of the undersignedrepresents and warrants that they are the duly authorized agents of each entity and have full rightand authority to enter into this Agreement. This Agreement is to be effective upon the signatureof both County and City.

The County of DaUas, State of Texas, has executed this Agreement pursuant to CommissionersCourt Order Number and passed on the day of

,2008.---'-------

COUNTY OF DALLAS

BY: _JTh1 FOSTER, COUNTY JUDGE

DATE _

APPROVED AS TO FORM:

BY:~~*BOB SCHE LCHIEF CNIL SECTIONDISTRlCT ATTORNEY'S OFFICE

DATE SH';;:<t)@~

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

lnterlocal Agreement R&B ] -City of Sachse

03/086

QL

The City of Sachse, State of Texas, has executed the Agreement pursuant to duly authorized CityCouncil Resolution 5o.sCf ,Minutes Dated the

5~ day of m Aof ' 2008.

CITY OF SACHSE:

BY: / //;//'

i

DATE bit,? 10 gI

lnterlocal Agreement R&B l-Ciry of Sachse

03/08


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JlJRISDic'nON TYPE ROAD NAME FROM TO MAPSCO ROAD# DisTANcE

County A County Une Road Rockwall Co. Une - ColiinCo~Line 10B-N :49G-Dl-B0 :0359County A Keely Road Pleasant Valley Rd Meadow.iew Lane lOA..Q 056-10-11 :0126

County A Lawson Road Mesqu~e City Umit Mesquite City Limit 60A-M :063--10-77 09

County A Uberty Grove Stonewall Dallas County Une 20B-A 175-0G-Dl 0318

County A Liberty Grove Dallas County Une Rowlett City Limit 20A-H '063--00-10 0,1

County A Pleasant Valley Wylie City Umit Wells Street 10A-T 062-10-94 :0518County A Pleasant Valley .Wells Street :Catlin Co. Line 10A..Q .062-1O-B3 0.358

County :A .Sachse Road 300' W Muddy Creek Muddy Creek 10A~N- '061-92-98 -iO,057

County A :Sachse Road :Muddy Creek Collin Co. Une lOA-N :061-92-B8 '0.453

County A Stonewall Road 1,045' southwest Troy Road ..10B-W' '052-33--59' :0.273

County A Stonewall Road Troy Road .Rockwall CO, Line 10B-W 052-33--3C iO,183

County A Troy Road Stonewall Road Rockwall Co.Line 10BW :051-86-42 '0,313

County :A Vinson Road Collin Co, Une :Whitley Road 10A-R 051-49-58 :0.445

County A Vinson Road Whitley Road 'Garland City Limit 10A-R 051~9-30 0.427

County A 'Vinson Road Garland City Limit Stonewall Road .10A-V ;051-48-B9 0.305

County A Weifs Street .Pleasant Valley Rd Whitley Road 10A-Q '051-2O-B7 '0.451

County A 'Whitley Road .Elm GroveN RNV Hunters Gten Ori\\! '10A-Y -051-{)2-42 '0.52

County A Whitley Road Hunters Glen Ori\-ll Welfs Street 10A:iJ ';05i~2-11 :0.112

County A Whitley Road Wells Street Vinson Road 10A..tJ ':051-{)1:a3 '0.375'TOTAL' :6.593j

Sachse C/l B Bunker Hilf 'Ben Oavs Road Miles Road 9A-Z 281-n2-is :1.316

Sachse C/l B Elm Grove Road Pleasant Valfey Whitley Road .1OA-T 143-{)1-{)1 :0.592

Sachse ell B Elm Gro\\'l Road--

Whitley Road Garland City umit 'lOA-Y :143-02-n1 ;OASachse Cil B Merrill Road 'Sachse :Pleasant Valley lOU 185-01:28 1.455Sachse Cil :B 'Merrill Road 'Pleasant Vaifey Garland City Umit 20C 185-02-28 0.233Sachse C/l B Miles Road Bunker Hill -Pleasant Va"ey '20A '402-n3-28 :0.316

Sachse Cil '8 Pleasant ValleyRoad 'Miles Road :Merritt Road :20F 199-{)3-28 1.114Sachse Cil

,-B PleaSant Vailey' Road -jMerritt Road' 'Muddy Creek '20C ' "199-'D4-28{609

Sachse CIL-...';8 ..:PleasantValley Road ,:Muddy Creek ,iElmGro;"',Road --, .~10A-S" '199-{)5=2B -[0.19B

Sachse ell B Sachse Road 'Bailey Road :Merritt Road lOU 2()4.{)4-28 0.207

Sachse CIL 8 Sachse Road 'Merrill Road .. ;300:WJAUddY Creek [10U 204::05-28 .o.ssr"-:TOTAL 'iBjili'

INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND TIfECITY OF SASCHE

TI-IIS AGREEMENT ("Agreenlent") is made and entered into by City of Sachse, hereinafterreferred to as "City" and the County of Dallas, Texas.

WHEREAS, City require the services of County Road and Bridge District Two hereinafterreferred to as ("County") for the purpose ofmowing the right-of-way; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorizationfor local governments to enter into interlocal contracts;

NOW THEREFORE, in consideration of the premises, promises and mutual covenantscontained herein and other good and valuable consideration, the receipt and sufficiency of 'whichis hereby acknowledged, City and County agree as follows:

WITNESSETH

1. PROJECT

City has requested and County agrees to provide funding for right-of way mowing fromCounty vendor, currently Lone Star Mowing, hereinafter referred to as the "Project". TheProject is classified as a County Type "B" road project.

2. TERM

The term of this Agreement shall be from the date of the last signature approving theAgreement until terminated by County or City as provided in section 5 below.

3. COUNTY AND CITY COVENANTS AND AGREES AS FOLLOWS:

A. County and City agrees to share the funding of the Project oil an equal share basis(50%/50%) of the total Project costs of approximately Three Thousand and 00/00dollars ($3,000.00) a year. If the total Project costs exceed this amount, the City andCounty agree to be responsible for the additional amount based on their respectiveshare of the additional Proj ect costs.

B. Provide City Council Resolution adopting approved proposed estimated budget andcommitment to meet Project funding.


03/08

4. FUNDING

A. County will remit a bill to City annually based on invoices for actual costs expendedfor mowing the right-of-way in accordance with County billing policy.

B. In the event that additional funds are due, the County will bill City who agrees to paysuch funds within thirty (30) days of receipt of such billing.

5. TERMINATION

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

A. By mutual written consent and agreement of County and City.

B. By either party, by notice in writing establishing the effective date of termination tothe other party as consequence of the party being in default of the provisions of thisAgreement or failure to timely provide funding, with proper allowances being madefor circumstances beyond the control of the defaulting party.

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

6. MODIFICATION OF AGREEMENT

Either County or City may initiate a written request to modify the Agreement. Uponreceipt of such request by either party, the City and County shall review the conditionsassociated with the request and determine the necessity of the modification. If both City andCounty agree that a modification is warranted, City and County shall negotiate and mutuallyagree upon the specific modification(s) and any resulting changes in costs, fees, unit prices orcompletion dates.

Agreement modifications shall be in the form of a written Amendment to this Agreementclearly defining the applicable changes. All terms and conditions of the Agreement that are notmodified shall remain in full force and effect.

7. COUNTY AUDIT

County, its Auditor or its designated representative(s) shall have the unrestricted right toaudit any and all accounting or other records regarding any funds paid or claimed under thisagreement, including, but not limited to all books, records, reports, tickets, deposits,expenditures, budget or any item therein, supporting data, computer records and programs, andall items of hardware, software or firmware, or any other item utilized by the City regarding tInsagreement. City contracts and agrees that all records shall be kept and maintained for a period oftime not less than two (2) years from the date of the termination of this Agreement. Such records

InterlocaI Agreement R&B l-City of Sachse

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2

shall be provided to the County in Dallas County, Texas and available for any audit at any timeupon request.

The results of any audit may be furnished to City for comment. In the event that anyaudit shall determine that moneys are owed to County such SUITIS are deemed to be due andpayable to Dallas County, Texas within 30 days of the date of an invoice for such cost beingdeposited in the U.S. Mail, Certified Mail, Return Receipt Requested.

The audit provisions of this agreement shall survive the termination of this agreementuntil claims brought by Dallas County, Texas are fully paid or reduced to judgment not subject toappeal.

8. FISCAL FUNDING

Notwithstanding anything to the contrary herein, this Agreement is expressly contingentupon the availability ofCounty funding for each item and obligation contained herein. City shallhave no right of action against the County as regards this Agreement, specifically including anyfunding by County of the Project in the event that the County is unable to fulfill its obligationsunder this Agreement as a result of the lack of sufficient funding for any item or obligation fromany source utilized to fund this Agreement or failure of any funding party to budget or authorizefunding for this Agreement during the current or future fiscal years. In the event of insufficientfunding, or if funds become unavailable in whole or part, the County, at its sole discretion, mayprovide funds from a separate source or terminate this Agreement. In the event that payments orexpenditures are made, they shall be made from current funds as required by Chapter 791, TexasGovernment Code.

Notwithstanding anything to the contrary herein, this Agreement is expressly contingentupon the availability of City funding for each item and obligation contained herein. County shallhave no right of action against the City as regards this Agreement, specifically including anyfunding by City of the Project in the event that the City is unable to fulfill its obligations underthis Agreement as a result of the lack ofsufficient funding for any item or obligation from anysource utilized to fund this Agreement or failure of any funding party to budget or authorizefunding for this Agreement during the current or future fiscal years. In the event of insufficientfunding, or if funds become unavailable in whole or part, the City, as its sole discretion, mayprovide funds from a separate source or terminate this Agreement. In the event that payments orexpenditures are made, they shall be made from current funds as required by Chapter 791, TexasGovernment Code.

9. DISPUTES

The Dallas County Commissioners Court Administrator (hereinafter "Administrator")shall act as referee in all disputes under the terms of this Agreement between the parties hereto.The Administrator and the applicable City shall negotiate in good faith toward resolving suchdisputes. The Administrator shall present unresolved disputes arising under the terms of this

InterJocal

03/08

R&B I-City of Sachse

3

Agreement to Commissioners Court. Violation or breach of contract terms by either party maybe grounds for termination. Should a breach occur the non-breaching party may, at its solediscretion, terminate this Agreement. All additional or increased costs arising from the nonbreaching party termination of this Agreement for default shall be paid by the breaching party.

10. AGENCY

County and City agree and acknowledge that each entity is not an agent of the otherentity and that each entity is responsible for its acts, forbearance, negligence and deeds, and forthose of its agents or employees in conjunction with the performance of work covered under thisAgreement.

11. AMENDMENTS OR MODIFICATION

This Agreement shall not be amended or modified except by written agreement executedby duly authorized representatives of the Parties.

12. ASSIGNMENT

The Parties shall not sell, assign, transfer or convey this Agreement, in whole orin part,without the prior written consent of the other party.

13. NOTICE

Any notice or certification provided for in this Agreement to be given by either Party tothe other shall be required to be in writing and shall be deemed given when personally deliveredor within three (3) business days after being deposited in the United States Mail, postage prepaid,certified, return receipt requested or registered addressed as follows:

To COUNTY:

To CITY:

County of DallasMike CantrellCounty Commissioner, District 2715 Rowlett RoadGarland, Texas 75043

City of SachseAllen BarnesCity Manager5560 Hwy. 78Sachse, Texas 75048469-429-4775

lnterlocal Agreement R&B I-City of Sachse

03/084

14. FORCE MAJEURE:

Neither County nor City shall be deemed in violation of this Agreement if it is preventedfrom performing any of its obligations hereunder by reason of, for or through strikes, stoppage oflabor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, anact 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 besuspended until such time that such inability to perform, shall be removed. The partyclaimingthe suspension shall give notice of such impediment or delay in performance to the other partywithin ten (10) days of the knowledge of such occurrence. Each party shall make all reasonableefforts to mitigate the effects of any suspension.

15. INDEMNIFICATION

County and City agree that both County and City shall each be responsible for theirown negligent acts or omissions or other tortious conduct in the course of performance ofthis Agreement, without waiving any sovereign or governmental immunity available toeither County or City under Texas law and without waiving any available defenses underTexas Jaw. Nothing in this paragraph shall be construed to create or grant any rights,contractual or otherwise, in or to any third persons or entities.

16. SEVERABILITY

If any provision of this Agreement shall be held invalid, void or unenforceable, theremaining provisions hereof shall not be affected or impaired, and such remaining provisionsshall remain in full force and effect.

17. ENTIRE AGREEMENT

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

18. VENUE AND GOVERNING LAW

This Agreement shall be expressly subject to the sovereign immunity of County and thegovernmental immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, asamended, and all applicable federal and state law. This Agreement shall be governed by andconstrued in accordance with the laws and case decisions of the State of Texas. Exclusive venuefor any legal action regarding this Agreement filed by either City or County shall be in DallasCounty, Texas.

lnterlocal Agreement R&B l-City of Sachse

03/085

19. NO THIRD-PARTY BENEFICIARY ENFORCEMENT

It is expressly understood and agreed that enforcement of the terms and conditions of thisAgreement and any right of action relating to such enforcement shall be strictly reserved toCounty and City and nothing contained in this Agreement shall be construed to create any rightsfor any third parties.

20. FORMAL COURT APPROVAL

This Agreement is expressly subject to and contingent upon formal approval by theDallas County Commissioners Court and by resolution of the respective City Councils.

IN WITNESS WHEREOF by their signatures hereon each of the undersignedrepresents and warrants that they are the duly authorized agents of each entity and have full rightand authority to enter into this Agreement. This Agreement is to be effective upon the signatureof both County and City.

The County of Dallas, State of Texas, has executed this Agreement pursuant to CommissionersCourt Order Number 2008 1120 and passed on the 10th day of

June ,2008.

COUNTY OF DALLAS

DATE June 10, 2008


BY:--=",===~:r"-'''''':'''''::::'''''::;'';::;;'''';::::''

*BOB SCHELLCHIEF CIVIL SECTIONDISTRICT ATTORl\TEY'S OFFICE

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


03/08

6

The City of Sachse, State of Texas, has executed the Agreement pursuant to duly authorized CityCouncil Resolution St?,.~9: ,Minutes Dated the

5~ day of m A-f '2008.

CITY OF SACHSE:

BY:


DATE--"~-'--1'-l.L--"--------

lnterlocal Agreement R&B l-City of Sachse

03/087

2008 1121ORDER NO:

COURT ORDER

JDATE: June 10, 2008

STATE OF TEXAS

COUNTY OF DALLAS

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

June___________________, 2008, on10th_______________ day

Maurine Dickey, Gommissioner of District No.1


WHEREAS, The Office of Budget and Evaluation briefed the Dallas County Commissioners Court on June 2,2008, concerning authorization for Parkland Health & Hospital System to enter into new clinicallease space after the expiration of Dr. Lawson and Dr. Graham co-tenancy ends on May 31,2008,located at 3310 Live Oak facility, Dallas, Texas 75201; and

WHEREAS, Dr. Lawson will move temporarily into vacant space adjacent to her current location for a period ofthree months. On September 1, 2008, Dr. Lawson will move to the second floor space where shewillremain for the duration of the term; and

WHEREAS, Dr. Graham will continue to operate the base lease space of3,943 until September 1,2008, at whichtime she will add an adjacent expansion space of 1,764 rsf, to total 5,707 rsf. at the 3310 Live Oakfacility.

IT IS THEREFORE ORDERED, ADJUDGED, AND that the Dallas County Commissioners Court does herebyauthorize Parkland Health and Hospital System to enter into new clinical leases for space after the expiration of Dr.Lawson and Dr. Graham co-tenancy ends on May 31,2008, located at 3310 Live Oak facility, Dallas, Texas 75201.

DONE IN OPEN COURT this the 10th day of --+_

Recommended by:~" - 1:J ro u...:>""Ryan Br~wn, Budget Officer

/5COURT ORDER

2008 1122ORDER NO: _

J.m 10, zrsDATE: _

STATE OF TEXAS

COUNTY OF DALLAS


June10th_______________ day of , 2008, on

Maurine Dickey, Commissioner of District No.1


WHEREAS, the Commissioners Court was briefed on June 3,2008 on a recommendation made by the Office ofBudget and Evaluation regarding a revision to the Constable Vehicle Equipment Policy; and

WHEREAS, the revised policy will provide more uniformity between vehicles in divisions that perform the sameduties; and

WHEREAS, equipping Constable Civil vehicles will add an additional $3,700 to the cost of new and replacementvehicles and Constable Warrant vehicle equipment will add an additional $18,300 to the cost of newand replacement vehicles; and

WHEREAS, this policy will apply to those vehicles purchased starting in FY09 after implementation of changesand no vehicles will be retrofit for equipment; and

WHEREAS, approval of the revised policy is consistent with Dallas County's Strategic Plan, Vision 3: DallasCounty is safe, secured and prepared by equipping vehicles for a coordinated and aligned publicsafety division.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Courtdoes hereby approve the revised Constable Vehicle Equipment policy as attached for incorporation in the DallasCounty Code.

DONE IN OPEN COURT this the 10th

j~

r:K '-I - '2:x-cW""'"IRyan Brown, Budget Officer

Sec. 90-140. Constable vehicle equipment.

Department discretionary account (00/\) funded Emergency equipment forconstables' vehicles shall be new or like new. All equipment, new or otherwise, shall bein good electrical, mechanical and operational condition, and must conform to anapproved equipment list developed and distributed by the radio communicationsmanager. Any equipment which does not conform with the approved equipment list maynot be purchased or installed on a county constable vehicle.

(Ord. No. 2000-1342, § 3.19, 7-11-2000)

Sec. 90-141. Donated equipment.

Donated equipment will be allowed, provided that it is fully operational, in goodcondition and exactly matches the equipment outlined on the approved equipment list.Acceptance of any donated equipment shall be in accordance with all established countypolicies and procedures.

(Ord. No. 2000-1342, § 3.20, 7-11-2000)

Sec. 90 142. Funding of constable DDA emergency equipment purchaseand installation costs.

Equipment purchase cost and initial installation costs are to be funded from theDOA. Any subsequent deinstallation, reinstallation and ongoing maintenance costassociated with DOl\ funded equipment shall be funded through the general fund,department 1023, county lNidecommunications budget.

(Ord. No. 2000-1342, § 3.21,7-11-2000)

2008 1123ORDER NO:

DATE: JUNE 10, 2008

COURT ORDER

STATE OF TEXAS

COUNTY OF DALLAS


Jlme10th day of_--W.u.L.U ' 2008, on a motion made by Naurine Dickey, District ~ and seconded

by John Wiley Price, District 3 , the following Court Order was adopted:

WHEREAS, on June 3,2008, the Dallas County Commissioners Court was briefed regarding the waiver ofpenalty and interest on ad valorem taxes; and

WHEREAS, the Texas Property Tax Code Section 33.011 covers the waiver ofpenalty and interest and statesthat the governing body of taxing unit shall waive penalties and may provide for the waiver ofinterest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxingunit or the appraisal district in which the taxing unity participates caused or resulted in thetaxpayer's failure to pay the tax before delinquency and if the tax is paid not later than the 21st

day after the date the taxpayer knows or should know delinquency; and

WHEREAS, the Tax Office, with the Auditor's concurrence, requests authorization to allow the Tax AssessorCollector, or his designee(s), the authority to perform an administrative review and actaccordingly to continue the practice of waiving penalty and interest of less than $2,500; and

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

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County CommissionersCourt does hereby authorize the Tax Office the continued practice to waive penalty and interest of less than$2,500 by the Tax Assessor or his designee (s).

DONE IN OPEN COURT this the 10th day of -f-_.LL.UJ..u=- --:;;;~-_-:aI'


Recommended by:

COURT ORDER

2008 1124ORDER NO: _

DATE: ,JUNE 10, 2008

STATE OF TEXAS

COUNTY OF DALLAS


10tb ,Il1ne

a motion made by Maurine Dickey, Commissioner of District No.1 , and seconded by


WHEREAS, the Commissioners Court was briefed on June 3,2008 on a recommendation made by the Office ofBudget and Evaluation regarding a request for DDA credit by Constable Evans, Precinct 1; and

WHEREAS, under the DDA guidelines, additions can be made to one's Departmental Discretionary Account basedon management initiatives; and

WHEREAS, approval to hold Deputy Constable JB Lamb's position (Grade 66) vacant for six months while onmilitary leave would result in significant savings for Dallas County and the Dallas County taxpayers;and

WHEREAS, part of the $36,500 savings resulting from holding Deputy Constable Lamb's position vacant for sixmonths should be placed in Constable Evans', Constable Precinct 1 Departmental DiscretionaryAccount; and

WHEREAS, approval of the DDA credit is consistent with Dallas County's Strategic Plan, Vision 1, Strategy 1.3:Dallas County provides sound, financially responsible and accountable governance by providingtaxpayer savings.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Courtdoes hereby authorize $12,000 be credited to the DDA for Constable Precinct 1, and the rest of the savings ($24,500)be placed in the line item savings to the taxpayer.

1OthDONE IN OPEN COURT this the _~..L...U-__ day of -+-~.u..J..lo... ....."....,.r

ORDER NO:

DATE:

2008 1125JlIDe 10, 2008

COURT ORDER

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,held on the 10th day of JlIDe , 2008, on motion made by

Maurine Dickey, Commissioner of District No.1,and seconded byJaM Wiley Price, Corrnnissioner of District No. 3 , the following Order was adopted:

WHEREAS, Article 81.0025 of the Texas Local Government Code provides that a CountyCommissioner shall attend continuing education courses each year; and

WHEREAS, County Commissioner Maurine Dickey has completed the necessary requirements ofcontinuing education as attested by the attached Certificate of Completion issued bythe County Judges and Commissioners Association of Texas; and

WHEREAS, it is appropriate that a copy of this document be filled with the County Clerk andmade available for public view.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas CountyCommissioners Court does through this Court Order hereby file the attached Certificate ofCompletion of continuing education requirements issued to Commissioner Maurine Dickey by theCounty Judges and Commissioners Association of Texas.

ssistant AdministratorlLn--"YY'LlJr'tal Affairs

day of -..::-;z:.-=------

MaUrI ickey ~Commissioner District #1

Recommended by: ++--..f--/--.:........-'--....-4-~------

DONE IN OPEN COURT, this the 10th

~/, oster

;//

ounty Judge

COUNTY JUDGES & COMMISSIONERSASSOCIATION OF TEXAS

COMMISSIONERS EDUCATIONCERTIFICATE OF COMPLETION

This is to certifY that

maurine 1!lickepilBallas (tountp (tommissioner

has successfully completed the continuing education

provisions ofArticle 81.0025 ofthe

Texas Local Government Code

2007

Richard Cortese, Chairman

Commissioners Education Committee

J.D. Johnson, President

County Judges & Commissioners Association of Texas

ORDER NO: 2008 1126COURT ORDER

DATE: June 10, 2008

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,held on the 10th day of June ,2008, on motion made by

Maurine Dickey, Commissioner of District No.1,and seconded byJohn Wiley Price, Commissioner of Dis trict No.3, the following Order was adopted:


WHEREAS, County Commissioner John Wiley Price has completed the necessary requirements ofcontinuing education as attested by the attached Certificate of Completion issued bythe County Judges and Commissioners Association of Texas; and


IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas CountyCommissioners Court does through this Court Order hereby file the attached Certificate ofCompletion of continuing education requirements issued to Commissioner John Wiley Price by theCounty Judges and Commissioners Association of Texas.

Mike CantrellCommissioner Dis .ct #2

day of __-+- _

Mauri - ickeyCommissioner District #1

~ .Kenneth A. ayf ldCommissioner Distric

DONE IN OPEN COURT, this the 10th



This is to certify that

3Jnon tlrtceilBaUas Qlountp Qlommissioner


provisions ofArticle 81.0025 ofthe


2007





---


DATE: June 2008

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,held on the 10th day of JlIDe , 2008, on motion made by

Maurine Dickey, Commissioner of District No.1,and seconded byJohn Wiley Price, Commissioner of District No.3, the following Order was adopted:


WHEREAS, County Commissioner Kenneth A. Mayfield has completed the necessaryrequirements of continuing education as attested by the attached Certificate ofCompletion issued by the County Judges and Commissioners Association of Texas;and


IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas CountyCommissioners Court does through this Court Order hereby file the attached Certificate ofCompletion of continuing education requirements issued to Commissioner Kenneth A. Mayfield bythe County Judges and Commissioners Association of Texas.

Mike CantrellCommissioner Distri~ #2

Kenneth A. yfiCommissioner District

10th day of J"llIle--

~ikcy~_IkMauri 'Dickey -- 'jCommissioner District #1 J

//..---,,)

Recommended by: /;~ ,<~,/'I::..,~

Cr tardue: Assistant Administratorfor Govern.rri~dtal Affairs

DONE IN OPEN COURT, this the



This is to certify that

1Sennetb mapfier))lllallag Q[ountp Q[omtuiggioner


provisions ofArticle 81. 0025 ofthe


2007





ORDER NO:

COURT ORDER

2008 1128DATE: JUNE 10, 2008

STATE OF TEXAS §

COUNTY OF DALLAS §

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

10th day of June ,2008, on motion made by Maurine Dickey, Comm. Dist. III .l. and

seconded by John vJiley Price, Corom. Dist. 113, the following Order was adopted:

WHEREAS, Commissioners Court was briefed on June 3, 2008 regarding revisions made to the Bereavement LeavePolicy; and

WHEREAS, policy recommendations are consistent with Dallas County's Strategic Plan Vision 1: DallasCounty is a model interagency partner; and

IT IS THEREFORE ORDERED, ADmDGED, AND DECREED that the Dallas County Commissioners Court herebyapproves the revised Bereavement Leave Policy for immediate inclusion in ofthe Dallas County Code.

Mike CantrellCommissione ista t #2

10th day of June ~"~

~-Yr~::L)._~__aurine Dickey

Commissioner District #1 "-

Mat Mauytyi-Taylor, Ph.D., Director/Human ResoufJes/Civil ServiceDepartrnf

DONE IN OPEN COURT this the

K:\Court Orders 2008,policy Change_Bereavement Leave Pollicy 061008.doc

Subdivision VIII. Other Approved Time Off

Sec. 82-501. With pay.

(a) Approved time off, in reasonable amounts, is only authorized for the followingreasons:

(1) Jury duty;

(2) Commissioners court approved closings; and

(3) Whereas it is the desire of the commissioners court to provide quality andimmediate health care services to employees, approved time off with paywill be granted in reasonable amount for regular, full-time employees toattend the county employee health center.

(b) Each elected official/department head will be responsible for developingdepartmental policies consistent with the intent of the court in conjunction withpolicies which will not interfere with the daily, efficient operation of thedepartment.

(Admin. Policy Manual, § 8(3.29, 3.30); Ord. No. 2002-299, 2-12-2002)

Sec. 82-502. Jury duty.

(a) Serving on a jury is a civic duty and as such is fully recognized and supported bythe county. Therefore, leave time for jury duty will be granted in reasonableamounts as approved time off with pay (coded as jury duty in the time andattendance system). When employees are summoned for jury duty, the followingguidelines shall apply:

(1) The employee shall immediately notify the supervisor and provide a copyof the jury summons notice.

(2) If selected to serve on the jury, the employee shall verbally notify thesupervisor.

(3) The employee shall report for jury duty each day as instructed by thecourt.

(4) At the completion of the process, the employee will provide the supervisorwith documentation from jury services that he/she participated/served inthe jury process.

(d) If the employee is released from jury service during normal working hours, theemployee should either report to work immediately or contact his/her supervisorfor further instructions. When requesting an employee to return to work, thesupervisor should consider the number of work hours remaining in the day andthe amount of travel time required. Failure to return to work or to contact thesupervisor may result in the employee being required to utilize accrued leavetime and disciplinary action, up to and including termination.

(Ord. No. 2002-299, 2-12-2002)

Sec. 82-503. Witness duty.

(a) Testifying as a witness is a CIVIC duty and is supported by the county.Reasonable leave time for witness duty will be granted as approved time off withpay, not to exceed eight hours or one work day per calendar year.

(b) When an employee is summoned as a witness, the employee shall immediatelynotify the supervisor and provide a copy of the court order, subpoena, orsummons. The following guidelines shall apply:

(1) Witness leave is appropriate for duty with a federal, state, or local court.

(2) Leave for witness duty must be requested in advance as soon as theemployee receives the summons or subpoena.

(3) Time to appear in court when the appearance is part of the employee'sregular job duties will be approved as regular time worked.

(4) Time spent by employees testifying as expert witnesses will be governedby their department's procedures. Employees who receive compensationfrom their court for their appearance shall in no instance receive dualcompensation from the county.

(5) Time to appear in court when the employee is a party to the action is theindividual employee's responsibility and will not be covered under thispolicy. However, employees may use accrued vacation or compensatorytime for this purpose if time is available.

(c) The person responsible for time and attendance entry in the department willenter the pay code for jury duty with a comment code of 'Witness."

(d) The employee should contact his/her supervisor for instructions regarding returnto work when court is adjourned or when excused during normal working hours.Employees may be required to submit proof of attendance from the court to thesupervisor upon completion of the witness duty. Failure to return to work orcontact the supervisor may result in the employee being required to utilize otheraccrued leave time and disciplinary action, up to and including termination.

(e) All other witness duty not specifically addressed in this policy must be done onthe employee's own time or must be charged to vacation, compensatory time, orleave without pay.

(Ord. No. 2004-206, 2-3-2004)

Sec. 82-504. Bereavement Leave.

The County recognizes that a death in the family creates some very difficult times for anemployee. In an effort to support the employee during this time and to specify theguidelines involved in granting leave to an employee during this time, the following policyguidelines shall apply:

(a) An elected official/department head may grant a regular, full-time employee up tothe following number of days off, depending on family ties:

(1) Up to 5 working days (40 hours) of leave time off for bereavement leave ifthe relative who dies is a: mother, father, spouse, child, sister, brother,grandchild, grandparent, or someone who has acted as the employee'sparent(s);

(2) Up to 3 working days (24 Hours) of leave time off for aunts, uncles, nieces,nephews, step-parents, stepchild, step-brother/sister, in-laws or for anyrelative living in the same household;

(3) One day of leave for cousins; and

(4) For funerals of other relatives, friends and acquaintances not includedabove, the employee shall utilize county time, compensatory time or vacationtime accruals.

(b) The guidelines specify up to the maximum number of days or hours; however,due to business necessity, the elected official/department head may require theemployee to return sooner;

(c) Such leave shall be charged to the employee's sick leave accruals;

(d) If additional time off is requested, the elected official/department head or theirdesignee, at their discretion, may grant additional time off; however, thisadditional time off must be charged to the employee's vacation, compensatory,and county time accruals or taken off as leave without pay if the employee's hasno such accruals; and

(e) An elected official/department head may, at their discretion, request verificationof the absence (Le., death certificate, newspaper article, etc.).

Secs. 82-505--82-520. Reserved.

2008 1129ORDER NO:

DATE: June 10, 2008

STATE OF TEXAS }

COUNTY OF DALLAS }

COURT ORDER

BE IT REMEMBERED at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 10th day

of June, 2008, on a motion made by }-taurine Dickey, Corrnnissioner of District No.1 ,and

seconded byJohn Wiley Price, Commissioner of Dist .No. 3 the following Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed on June 10, 2008, regarding the JuvenileDepartment's recommendation to approve acceptance of the 2008 ExxonMobil Community SummerJobs Program Grant in the amount of $2,500; and

WHEREAS, the Grant will provide for a summer college intern to work with the Juvenile Department MentorshipProgram and directly contribute to the Program's goal of "a mentor for every youth;" and

WHEREAS, the positive impact realized by the Juvenile Department's participation in the 2008 ExxonMobilCommunity Summer Jobs Program Grant, through the efforts and contributions of the summer intern,supports Vision 3.2 of the Dallas County Strategic Plan by coordinating programs and systems toreduce future crime in Dallas County; and

WHEREAS, the 2008 ExxonMobil Community Summer Jobs Program Grant provides that the intern's salary betreated as income, subject to FICA and federal income tax, payable by Dallas County, estimated atapproximately $70; and

WHEREAS, the 2008 ExxonMobii Community Summer Jobs Program Grant provides that the intern should bereimbursed for miscellaneous mileage accrued, which will be minimal and managed internally by theJuvenile Department staff; and

WHEREAS, the summer intern will significantly contribute to Juvenile Department Mentorship Program efforts.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Commissioners Court of Dallas Countyapproves acceptance and processing of the 2008 ExxonMobii Community Summer Jobs Program Grant.

DONE IN OPEN COURT this the 10th day of June, 2008.

\"'-...BeCOmmended by:Michael K. Griff~· ,DirectorDallas County Juvenile Department

COURT ORDER

2008 113()ORDER NO. _

DATE .nJNE 10, 2008

STATE OF TEXAS §

COUNTY OF DALLAS §


June

_______________________________, and seconded by

10th_____________ day of 2008, on

Maurine Dickey, Commissioner of Dist. No. 1motion made

John Price, Cormn. of District No. 3 following Order was adopted:

WHEREAS, The Commissioners Court was briefed on June 10, 2008 concerning this computer related request; and

WHEREAS, The requested IBM p550 Server is necessary to replace an existing computer that is running at capacity,cannot be upgraded and is having a negative impact on the system users; and

WHEREAS, Funding for the one time cost of $140,000 is available from the Major Technology Fund, HardwareRefresh (195.0.2093.2008.0.92055); and

\VHEREAS, The purchase ofthe requested hardware, software and installation services is consistent with Strategy 1.4of the County's strategic plan: Improve the Customer Experience by implementing Standards ofOperation, Innovation and Technology.

Mike CantrellCommissioner, District No.2

---1---- 2008.

",,,,,,,,,If _ Foster/)5allas County Judge

t·/

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Courtauthorizes the expenditure of $140,000 to purchase an IBM p550 Server, software and maintenance to replace the existingOracle Web Server. Funding for the total one time cost of$140,000 is available from the Major Technology Fund,Hardware Refresh (195.0.2093.2008.0.92055).

DONE IN OPEN COURT this the

COURT ORDER

2008 1:l3~1ORDER NO.

DATE: JUNE 10, 2008

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County,Texas, held on the 10th day of June 2008,on motion made by Maurine Dickey, Corrnnissioner of District No.1, and secondedby John Wiley Price, Commissioner of District No.3, the following

Order was adopted:

WHEREAS, the Commissioners Court was briefed on June 10, 2008 concerning the EMC FileTransfer and Storage Solution; and

WHEREAS, in February 2008, the electronic process for Book-In and District Attorney CasesFiling through the Incident Module (IM) to the Adult Information System (AIS) went LNE; and

WHEREAS, the IM/AIS electronic process is currently utilized by the Dallas County Sheriff'sDepartment and one of the major efficiencies anticipated by the new system is in processing time;and

'VHEREAS, based on the systems architecture, the IM and AIS applications store documents in thedatabase and with addition Law Enforcement Agencies scheduled to GO-LIVE over the next 18months, the applications would experience severe performance problems based on the storage oftheelectronic attachments; and

WHEREAS, working with Dallas County vendor partners, IT Services has developed a solutionthat will support "saving once but viewing by many" and help to relieve the potential problemsassociated with the systems architecture; and

WHEREAS, the EMC file transfer storage for Criminal Justice information will be completed intwo phases, Phase I - Storage Solution, cost for this phase will not exceed $350,000 and Phase IISecure File Transport cost for this phase will not exceed $150,000; and

WHEREAS, Phase I - the Centera solution will be utilized to store all documentation associatedwith the electronic process, Phase II - the file distribution solution will be utilized for the transportofLaw Enforcement information between the LEA sites and Dallas County for the purpose ofBookIn and District Attorney Case filing; and

WHEREAS, funding for the Centera hardware is available in the Major Technology Fund - AISproj ect and funding for the file distribution solution will come from the JAG Grant; and

WHEREAS, this procurement aligns with the Strategic Plan, Vision 1: Dallas County Govenunentmodels interagency partnership and collaboration; Strategy: 1.4 - Improve the customer experienceby implementing standards of operation, innovation and technology.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas CountyCommissioners Court authorizes the Office of Information Technology to purchase the file andstorage solution from EMC for the services, software and hardware for an amount not to exceed$500,000 and to authorize the County Judge to execute the Statement of Work on behalf of DallasCounty.

10th

11~~J:r;j..:Mairrirre DickeyCommissioner District)"

June

Mike CantrellCommissioner District #2

Quote

where information lives

176 SOUTH STHOPKINTON, MA 01748United States

Quote Prepared By: Barrett, William M

Email: [email protected]

Quote #: 1001727875

Date: 29-May-2008

Contract:

GSA Deal? No

Page 1 of 4

Prepared For:DALLAS COUNTYWayne Henderson214-653-6072509 MAIN STDALLAS, TX 75202US

Line # Qty Product 10

Bill To:DALLAS COUNTY

509 MAIN STDALLAS, TX 75202US

Description

Ship To:DALLAS COUNTYWayne Henderson

509 MAiN STDALLAS, TX 75202US

Units Total Deal Price(USD)

Install:

Primary/Source Site 10-node Centera (1STS Usable) Includes 3 yr hw & sw maintenance

SYSTEM

CNRGPLLlCHWCNRRKPW40U-USCNRMODEMG4CNR2N1MEXG4LPCNR4N1MBAG4LP29-32-2-5

CNRCONSOLESWCC-CNRKEY6-BCNR2NGOVEDLIC

CNR2NMSWG4CNR2NREPLICCNRCUAESW

CENTERA SOLUTION

CENTERA OPEN SOURCE L1CENSES(RTU) EA40U TRACK SP POWER EADual 40U Rack Power Cord US EACNR MODEM GEN 4 EABUNDLED 2 NODE GEN4LP WITH HB DRIVES INCREMENT EABUNDLED 4 NODE GEN4LP WITH HB DRIVES WITH 2 SWITC EAPE2950 CENTERA 3.2GHZ RAID EA

Hardware Sub-total

CONSOLE SW LICENSE EACC 6.0 STORAGE AGENT FOR CENTERA LICENSE KEY CARD EAEMC CENTERA GOVERNANCE 2-NODE RIGHT·TO-USE- EAL1CENS

EMC CENTERA BASIC - MIRRORED 2-NODE RIGHT-TO-USE- EAEMC CENTERA GEN 4 REPLICATION 2-NODE RIGHT-TO-USE EACNR EXT DELL CUA SW EA

Software Sub-total

o1,260

240o

14,58013,0808,074

$ 37,234

oo

6,355

33,5155,1254,756

s 49,751

PS-EXP-GIAPS-BAS-CUAPS-BAS-CIS

M-PRESW-001

WU-PREHW-001

IMPL FOR CENTERA W/REPLIMPL FOR CUA SINGLE OREA PAIRIMPL FOR CENTERA

Services Sub-total

PREMIUM SOFTWARE SUPPORTSee Maintenance Schedule for more details

PREMIUM HARDWARE SUPPORT - WARR UPGHW MAINTENANCEIncludes months 25-36 @ $ O/mo.

Maintenance and Warranty Upgrade Sub-total

EAEAEA

EA

EAEA

19,1514,720

10,500

$ 34,371

12,948

s 12,948

SecondarylTarget Site -to-node Centera (18TS usable) includes 3 yrs hw & sw maintenance

SYSTEM CENTERA SOLUTION

1 CNRGPLLlCHW CENTERA OPEN SOURCE L1CENSES(RTU) EA 0

2 CNRRK 40U TRACK SP POWER EA 1,2603 PW40U-US Dual 40U Rack Power Cord US EA 2404 CNRMODEMG4 CNR MODEM GEN 4 EA 05 CNR2N1MEXG4LP BUNDLED 2 NODE GEN4LP WITH HB DRIVES INCREMENT EA 14,580

6 CNR4N1MBAG4LP BUNDLED 4 NODE GEN4LP WITH HB DRIVES WITH 2 SWITC EA 13,0807 29-32-2-5 PE2950 CENTERA 302GHZRAID EA 8,074

Hardware Sub-total $ 37,234

CNRCONSOLESW CONSOLE SW LICENSE EA 0CC-CNRKEY6-B CC 6.0 STORAGE AGENT FOR CENTERA LICENSE KEY CARD EA 0CNR2NGOVEDLIC EMC CENTERA GOVERNANCE 2-NODE RIGHT-TO-USE- EA 6,355

L1CENS

CNR2NMSWG4 EMC CENTERA BASIC - MIRRORED 2-NODE RIGHT-TO-USE- EA 33,515CNR2NREPLIC EMC CENTERA GEN 4 REPLICATION 2-NODE RIGHT-TO-USE EA 5,125CNRCUAESW CNR EXT DELL CUA SW EA 4,756

Software Sub-total $ 49,751

PS-EXP-CIA IMPL FOR CENTERA W/REPL EA 19,151PS-BAS-CUA IMPL FOR CUA SINGLE OR EA PAIR EA 4,720PS-BAS-CIS IMPL FOR CENTERA EA 10,500CE-SUBCUS01 CUSTOMER SUBSCRIPTION - 1 PERSON 1 YEAR (EMC) EA 0

Services Sub·total s 34,371

M-PRESW-001 PREMIUM SOFTWARE SUPPORT EA 12,948See Matntenance Schedule for more details

EMC Confidential





WU-PREHW-001



Description

PREMIUM HARDWARE SUPPORT· WARR UPGHW MAINTENANCEIncludes months 25-36 @ $ Olmo.

Maintenance and Warranty Upgrade Sub-total

Quote




EAEA

s 12,948

EMC Confidential



Quote #: 1001727875

Date: 29-May-2008

Contract:

GSA Deal? No

Install:

Page 2 of4



Prepared For:DALLAS COUNTYWayne Henderson214-653-6072


Line # Qty Product ID



Description

MISCELLANEOUS

Quote






Quote #: 1001727875

Date: 29-May-2008

Contract:

GSA Deal? No

Install:

Page 3 of4

PS-CUS-MSI MICROSOFT

Services Sub-total

EA

EMC Confidential

30,294

$ 30,294





BlIITo:DALLAS COUNTY

509 MAiN STDALLAS, TX 75202US

Description

Proposal Summary

Hardware Summary

Software Summary

Services Summary

Prepaid HW Maintenance Summary

Prepaid SW Maintenance Summary

HW Warranty Upgrade Summary

ITotal Price (USO)

Quote




$ 74,468

$ 99,502

$ 99,036

$0

$ 25,896

$0

EMC Confidential



Quote #: 1001727875

Date: 29-May-2008

Contract:

GSA Deal? No

Install:

$ 298,902

Page 4 of4

2cwhere information livesoti

Dallas County

Dallas County Data Integration .. Discovery

Solution Implementation Methodology Project

Client:

Dallas County509 Main Street

5th FloorDallas, TX 75202

Prepared by:

EMC Corporation14841 Dallas Parkway

Suite 400Dallas, TX 75254

Date: May 28, 2008

EMCCorporation 14841 Dallas Parkway, Suite 400, Dallas TX 75254 www.EMC.com

Dallas County Data Integration - Discovery ServicesTable of Contents

Background 3

Objectives 3

Responsibilities and Deliverables 4

Project Manager 4

Application Developer 4

Quality Assurance 4

Payment Terms 5

Assumptions 5

Contractual Terms 6

Acceptance 7

Dallas County 2 EMC Corporation

This document contains proprietary information. Do not reveal its contents to anyone not directly responsible forevaluating its content without first obtaining written permission.

PROPRIETARY

Dallas County Data Integration - Discovery Services

Dallas County is currently facing performance, scalability, and management issues due to multiple systems

storing numerous copies of unstructured data. The data is largely photos, video, and documents in PDF

format which are pushed to internal Dallas County systems via Law Enforcement Agencies (LEA's). The amount

of data being sent by the LEA's and stored by the current Dallas County systems is creating a performance

issue that must be addressed prior to new LEA's being integrated.

EMC proposes to determine and prove a solution to help alleviate the storage of unstructured data. The

solution will allow multiple Dallas County systems to store unstructured data in a single instance repository.

For the benefit of both parties, EMC will perform a phased approach by delivering a Proof of Concept to prove

the solution to be viable. Upon Dallas County's acceptance of the Proof of Concept, EMCwill create a detailed

plan for next steps and phases which are necessary to develop, implement, and support the recommended

solution.

Objectives

EMC will complete the work necessary to confirm the previously defined high-level requirements and design.

EMC will then complete requirements gathering, solution design, custom development and product

implementation to test a representative sample of data. EMCwill present the environment to Dallas County as

a Proof of Concept. Upon Dallas County's acceptance of the Proof of Concept, EMCwill re-factor the effort and

duration to develop, test, implement and support the agreed upon solution.

Phase

Discovery andof Concept

Deliverables

High-level Requirements and DesignDocumentationSystem and Integration Test PlanProof of ConceptMaster Plan

Duration

15 days



PROPRIETARY


Project

The Project Manager role will be responsible for creating the master project plan, documenting risks, and

managing the overall implementation progress of each phase.

Activities:

• Oversee project resources• Provide scope verification and project monitoring and control

• Participate in requirement gathering

• Participate in the System and Integration planning

• Report project status, risk, and issues

Deliverables:

• Weekly project status reports• Master Project Plan for development, testing, implementation and support of the recommended

solution.

Application Developer

The Application Developer role will be responsible for the delivery of the high-level design document and

coordinating the other technical resources to get this document complete in Phase I.

Activities:

• Oversee technical project resources

• Gather and document technical requirements with appropriate busiriesspartners and customerrepresentatives

• Design and document the recommended solution

• Lead Proof of Concept design and implementation of an interface with a representative data set

Deliverables:

• Requirements and Design Document• Product selection for support of the requirements• Proof of Concept of an interface with the storage solution

Assurance

The QA resource will be responsible for creating the master test plan prove out the recommended solution,

creating test cases to test the application changes made during the implementation phase, as well as

documenting issues found and performing regression testing.



PROPRIETARY

Dallas County Data Integration - Discovery ServicesActivities:

• Review technical and functional requirements• Design and document the recommended solution system and integration test plan

Deliverables:

• System and Integration Test Plan

Payment Terms

This Statement of Work includes the activities and deliverables for the Discovery and Proof of Concept phase.

No hardware costs are included in this Statement of Work.

EMCResources Estimated Hours Hourly Rate Total Cost

Project Manager 120 $160.00 $19,200

Application Developer 120 $160.00 $19,200

Quality Assurance Lead 80 $160.00 $12,800

Total 320 $51,200

Our project scope is based on the following assumptions. Changes from these assumptions will be evaluatedusing a project change control process and may have an effect on the project scope, estimated schedule,and/or cost.

• Good Faith Cooperation. The parties acknowledge that successful completion of the ConsultingServices will require their full and mutual good faith cooperation. Where agreement, approval,acceptance, consent or similar action by either party is required by any provision of this Agreement,such action will not be unreasonably delayed or withheld. Customer agrees that to the extent itsfailure to meet its responsibilities results in a failure or delay by EMC in performing its obligationsunder the Agreement, EMCwill not be liable for such failure or delay.

• Changes to scope shall be accounted for via a written change control process. Change orders shallreference the tasks being added, changed or deleted with hourly estimates and impact to schedule.Change orders shall be documented in a revised Deliverable Schedule.

• Customer shall have five (5) calendar days to review and comment in writing on the final projectdeliverable submitted by EMC before signing a Statement of Acceptance for that deliverable. On thesixth day, if no comments are submitted to EMC in writing, the deliverable shall be deemed asaccepted by Customer.

• Any additional labor or materials requested, not included in the scope of this proposal, will constitutea change request.



PROPRIETARY

Dallas County Data Integration - Discovery Services• Changes made to the project plan must be approved bvboth.partles via a change control process prior

to performing any work.

• Adequate staffing and program management is included in this proposal. If the stated time line isunexpectedly accelerated, a change order may be generated to cover additional staffing or overtime tomeet the new deadlines.

• Travel expenses are not included in this proposal. Travel time shall not be billable to customer.

• All tasks included in this proposal shall be performed over a consecutive time frame. Any workstoppage attributed to Customer, which may include waiting for hardware, migration of desktops, etc.,will constitute a change order. If Customer related delays extend beyond two (2) days, Customerunderstands that project resources could be allocated elsewhere, unless customer agrees in writing topay consultant for the work stoppage based on the rated included in this Task Order.

• Customer shall provide timely access to Subject Matter Experts throughout the project.

The terms and conditions of this engagement shall be governed by the Professional Services Agreement (PSA)

agreement executed between Dallas County and EMe.



PROPRIETARY


EMC looks forward to the opportunity to work with Dallas County. Please review this Statement of Work for

accuracy, and if you agree with the terms, please sign it and return it via fax to EMC at 972-383-2401 to the

attention of Ginger Cree (keeping a copy for your records). This Statement of Work may be executed in any

number of counterpart copies, each of which shall be deemed an original, but which taken together shall

constitute a single instrument. The parties expressly authorize the use of facsimile counterparts, as a valid

method of execution; however, the parties agree to cooperate in good faith to provide each other with a fully

executed original of this Statement of Work within five (5) calendar days of any facsimile counterpart

execution. Once signed, the PSA agreement and this Statement of Work, as such documents may be amended

from time to time, shall collectively serve as the whole agreement for the work described above. In the event

of any inconsistency between this Statement of Work and the PSA, the PSA agreement will prevail unless

otherwise agreed in writing by both parties.

Accepted and Approved for

EMC Corporation

14841 Dallas Parkway

Suite 400

Dallas,TX 75254

Signature

Name (Print)

Title

Date

Accepted and Approved for

Dallas County

509 Main Streets" FloorDallas, TX 75202

FosterName (Print)

County JudgeTitle

June 10, 2008Date



PROPRIETARY


Conceptual Data Flow and Potential Centera Integration Points

Primary (Source) Site· Centera Secondary (Target) Site· Centera



PROPRIETARY

1COURT ORDER

2008 1132ORDER NO: _

JUNE 10, 2008DATE: _

STATE OF TEXAS §

COUNTY OF DALLAS §

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

the 10th day of June , 2008 on a motion made byMaurine Dickey, Commissioner of District No.1,and seconded by

John Wiley Price, Commissioner of District No.3, the following Order was adopted.

WHEREAS, the State Property Tax Code, Sec. 31.11, states that a refund for an overpayment orerroneous payment for an amount exceeding $2500 is to be approved by the CommissionersCourt of Dallas County; and

WHEREAS, the Tax Assessor/Collector has attached a list for which request for refunds exceeding$2500 have been received and has determined that these tax payments were erroneous orexcessive; and

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

WHEREAS, the Dallas County Tax Assessor / Collector has complied with the requirements of the StateProperty Tax Code, Sec. 31.11. It is the desire of the Commissioners Court to approve theattached list of erroneous or excessive tax payments for refund.

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

Court that the list of tax payments attached for the period ending 2ND JUNE, 2008

___ is hereby approved for refund.

June____________, 200810thDONE IN OPEN COURT, this the _---..,_--

Recommended by:

For the period ending: 2ND JUNE 2008

DALLAS COUNTY TAX ASSESSOR/COLLECTOR

REFUNDS FOR ERRONEOUS OR EXCESSIVE TAX PAYMENTS

FOR AMOUNTS OVER $2500.

ACCOUNT NUMBER TAXPAYER REQUESTING REFUND ~MOUNT OF REFUND CHECK#

006264000N0020000 i SPHINX DEVELOPMENT CORPORATION '( $7,904.32 342433 1

00000217750000000 ' GREGORY W CARR r $4,500.00 344610 'I

14008400010020000 ~ V&C TITLE MANAGEMENT LTD DBA ~ $4,829.09 344690 y

VANDIVER/CASTLEMAN LAND TITLE CO

60128500020200001 ~ ISAC & VICKI HUBERMAN Y $4,529.36 344856 r

00706400000020000 y MOTIVA ENTERPRISE $7,046.90 344864 r\;

52008900000930000 '; COMMERCE LAND TITLE '{ $6,876.40 344885

DBA COMMERCE TITLE COMPANY

99N570AMOOOOOOOO ~ NATIONAL DAIRY HOLDINGS 'f $65,500.04 344998

00000657049500000~ FAMILY DOLLAR INC $11,047.90 344999 't

81250550000110000 '! COUNTRYWIDE TAX SERVICES CORP ~ $4,743.47 345110 y

TOTAL $116,977.48

(~.~ rCtKt~~~~~~~

COURT ORDER

ORDER NO. 2008 1133DATE: JUNE 10, 2008

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

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

the 10thday of June 2008, on motion made by Maurine Dickey, Connn. of District No .1

and seconded by John Wiley Price, Commissioner of Dist. No.3, the following Order was adopted:

WHEREAS, the voluntary intern experience for Marian McRaney was discussed in CommissionersCourt on June 10,2008; and

WHEREAS, Dallas County Health and Human Services is requesting permission to provide a voluntaryinternship to Marian McRaney, in the HIV Grants Management Division of thisDepartment, for a total of 180 hours between the period beginning June 11, 2008 throughAugust 1, 2008; and

WHEREAS, authorization from the Commissioners Court is required for provision of the internship.

Mike CantrellCommissioner, 8istrict NO.2

Kenneth A. MayfieldCommissioner, Distri t

Recommended by:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County CommissionersCourt does hereby authorize Dallas County Health and Human Services to provide voluntary internexperience to Marian McRaney, in the HIV Grants Management Division, to commence June 11,2008through August 1, 2008.

DONE IN OPEN COURT this the 10th day of -----t"-------~--~~

COURT ORDER

2008 1134ORDER NO: _

DATE: JUNE 10, 2008

STATE OF TEXAS §

COUNTY OF DALLAS §


June10th_______________ day of , 2008, on

, d b Maurine Dickey, Corrnnissioner of District No. 1amohonma e y~----------------- ~,ands~on~dby

John Wiley Price, Co~tssioner of District No. 3

WHEREAS, the Purchasing Department briefed Commissioners Court on June 10,2008, concerning a thirty (30)day extension of Bid No. 2005-093-1673 Annual Contract for the Transport of Deceased; and

WHEREAS, the extension is necessary to allow time solicit, evaluate and award a new contract; and

WHEREAS, the awarded vendor has agreed to this extension; and

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

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Courtdoes herby authorize a thirty (30) day extension of Bid No. 2005-093-1673 Annual Contract for the Transport of theDeceased, with Taylor Transport and Stone Mortuary for the period of July 1,2008 through July 30,2008.


08.June

Kenneth A. Mayfiel ,

Recommended.:~ (,Lv JU~~Shannon S. Brown, Purchasing Agent/jt

DONE IN OPEN COURT this the 10th day of ~

COURT ORDER

2008

2008 1135JlIDeDATE: L---.:.....::-..::...... _

ORDER NO: _

STATE OF TEXAS ) (

COUNTY OF DALLAS ) (

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

10th _________________________, 2008, on a motion made by

Maurine Commissioner of District No. 1 and seconded by


WHEREAS, the Purchasing Department briefed the Dallas County Commissioners Court on June 10,2008, regarding the first twelve (12) monthextension of Bid No. 2007-038-2594 Annual Contract for Janitorial Services for the Downtown Campus with CTJ Maintenance,Inc ..; and

WHEREAS, the contract provides daily janitorial services to the George Allen Sr. Courts Building, Records Building, and AdministrationBuilding; and

WHEREAS, the conditions of the extension required CTJ Maintenance, Inc. to hire and train a Project Manager for the Downtown Campusand provide a formal schedule for cleaning/maintaining floor the terrazzo floor tile in the George Allen Sr. Courts Building; and

WHEREAS, the Facilities Management Department has verified that theses conditions have been and recommend extension; and

WHEREAS, the term of this contract is April 1, 2008 through March 31, 2009; and

WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountablegovernance

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby authorize theextension of Bid No. 2007-038-2594 Annual Contract for Janitorial Services for the Downtown Campus with CTJ Maintenance, Inc., based onexisting terms, conditions and pricing structure set forth in the original bid award for a period of April 01, 2008 through March 31, 2009 andauthorizes all County documents/payments to reflect accordingly.

DONE IN OPEN COURT this the --------------,f'----

~~~:-------

~o~~, . tnct#3

Recommended by. ~041LiJJ~~Shannon S. Brown, Purchasing Agent/gm


DATE: June 10, 2008

STATE OF TEXAS

COUNTY OF DALLAS


10th June

Maurine Dickey, Commissioner of District No. 1


WHEREAS, the Purchasing Department briefed Commissioners Court on June 3, 2008, concerning thecancellation of Bid No. 2008-027-3277, Annual Contract for EVA Sandals with BenchmarkFoods, Inc; and

WHEREAS, the Court concurred with the recommendation to cancel at the vendor's request; and

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

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County CommissionersCourt does hereby authorize the cancellation of Bid No. 2008-027-3277, Annual Contract for EVA Sandals withBenchmarkFoods, Inc. and the disqualification of said company from participating in non food relatedsolicitations for a period of thirteen (13) months and authorizes all county documents/payments to reflectaccordingly.

DONE IN OPEN COURT this the 10th day of June

COURT ORDER

2008 11.37ORDER NO:------

JUNE 10, 2008DATE:---------STATE OF TEXAS §

COUNTY OF DALLAS §


June10th_______________ day of , 2008, on

a motion made }fuurine Dickey, Commissioner of District No. 1

John Wiley Price, Corrrrnissioner of District No. 3__________________________,the~llowingCourtOrderwasadopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on June 10, 2008 concerning a masterinterlocal/cooperative purchasing agreement with the Town of Highland Park; and

WHEREAS, the Highland Park Town Council approved the agreement on May 27, 2008; and

WHEREAS, this agreement support Vision 1 of Dallas County's Strategic Plan; and

WHEREAS, Texas Government Code, Chapter 791.025 permits interlocal agreements between localgovernments for the purchase of goods and services to satisfy competitive bidding requirements

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County CommissionersCourt does hereby authorize the approval of the attached Master Interlocal/Cooperative Purchasing Agreementbetween Dallas County and the Town of Highland Park for the period June 10, 2008 through June 9, 2013 andauthorizes the County Judge to execute the agreement on behalf of Dallas County.


.June

,/n/lJ---!<,~,---__-,-- ~~~_...o=::....

Shannon S. Brown, Purchasing AgentRecommended

DONE IN OPEN COURT this the 10th day of , 200B.

STATE OF TEXAS

COUNTY OF DALLAS

MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENTBETWEEN DALLAS COUNTY AND GOVERNMENTAL AGENCY

FOR AGENCY'S USE OF DALLAS COUNTY CONTRACTS

WHEREAS, DALLAS COUNTY does enter into competitive bids for acquisition ofvarious goodsand services in accordance with Texas Local Government Code Section 262.023 "CompetitiveBidding and Competitive Proposal Requirements", as amended; and

WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes interlocalagreements between local government agencies to perform governmental functions and services suchas streets, roads and drainage; and Section 791.025 of the Texas Government Code does permitinterlocal agreements between local governments for the purchase of goods and services and doessatisfy the requirement oflocal governments to seek competitive bids for the purchase ofsuch goodsand services through Supplier Contracts; and

WHEREAS, AGENCY now requests that DALLAS COUNTY allow them to enter into this MasterAgreement to permit AGENCY to utilize and/or be incorporated into one or more DALLASCOUNTY Supplier Contracts as previously solicited by DALLAS COUNTY and awarded toVendors in accordance with State purchasing laws and the Dallas County Code, Chapter 94"Purchasing and Contract Management Policy".

NOW, THEREFORE, THIS MASTER AGREEMENT is hereby made and entered into by andbetween DALLAS COUNTY and AGENCY upon and for the mutual consideration as stated below:

A. DEFINITIONS.

1. Master Agreement. This document titled the Master Interlocal/CooperativePurchasing Agreement between DALLAS COUNTY and AGENCY. A separateMaster Agreement shall be executed between each and every AGENCY that wishesto utilize DALLAS COUNTY Supplier Agreements.

2. Supplier Agreement. An existing agreement between DALLAS COUNTY and aVendor for the purchase of goods and services.

3. Vendor. An external business, entity or enterprise that supplies goods and!or servicesto DALLAS COUNTY that satisfies the requirement of local governments to seekcompetitive bids for the purchase of goods and services.

4. Agency. A governmental entity in the State ofTexas that desires to do business withDALLAS COUNTY and their Vendor(s).

5. DALLAS COUNTY. A governmental entity in the State of Texas.

B. BOUND BY CONDITIONS. AGENCY understands and agrees to be bound by the terms,conditions and expiration date ofthe requested Supplier Agreement, and hereby agrees to fulfill eachand every requirement contained therein as ifAGENCY was the original procuring entity. DALLASCOUNTY reserves the right to terminate the specified Supplier Agreement prior to its expirationwithout further obligation or penalty pursuant to State law and DALLAS COUNTY policy.

C. INDEPENDENT ADMINISTRATION. For all goods and services purchased by AGENCY,AGENCY agrees, at its sole cost and expense, to independently administer the requested SupplierAgreement and to pay the Vendor directly for any and all related costs. AGENCY agrees to pay forsuch goods and services from current revenues, in accordance with the terms and conditions of theSupplier Agreement and DALLAS COUNTY bid specifications. Each AGENCY shall be liable tothe Vendor only for goods and services requested and received, and shall not, by the execution ofthisMaster Agreement, assume any additional liability.

D. TERM. The term of this Master Agreement shall be five (5) years from the execution datebelow. Either party may, without cause, terminate this Master Agreement with prior written noticeof thirty (30) days to all parties, including to the Vendor ofany Supplier Agreements being utilized.

E. DISPUTE RESOLUTION. In the event of a dispute or claim between DALLASCOUNTY'S Vendor and AGENCY resulting from AGENCY I S use of a DALLAS COUNTYSupplier Agreement, AGENCY agrees to:

1. Provide written notice to DALLAS COUNTY within two (2) business days of anydispute or claim with a Vendor;

2. Use their good faith efforts and attempt to quickly resolve any and all disputes and claimswith Vendor;

3. Pay to DALLAS COUNTY all direct and indirect costs associated with any and allactions required for resolution ofany dispute or claim related to this Master Agreement;and

4. In the event of any mediation, arbitration, litigation or other actions resulting fromAGENCY'S use of a DALLAS COUNTY Supplier Agreement, AGENCY will, at itssole cost and expense, enter and defend such actions, including the interest ofDALLAS COUNTY, and shall pay all costs and expenses, including attorneys fees,court costs, claims, demands or judgments arising in anyway from any actionsrelated to this Master Agreement.

2

F. INDEPENDENT PARTY. DALLAS COUNTY and AGENCY acknowledge that neitherparty is an agent, employee or joint enterprise of the other, and that each party is responsible for itsown actions, forbearance, negligence and deeds, and for those of its agents or employees, inconjunction with the utilization and/or cooperative solicitation ofany Supplier Agreement obtainedin accordance with Texas law and this Master Agreement.

G. PROVISION OF GOODS AND SERVICES. DALLAS COUNTY will not provide anyfunds, equipment or personnel utilized in the acquisition ofgoods or services to AGENCY under thisMaster Agreement and/or any Supplier Agreement.

H. NO WARRANTY. DALLAS COUNTY shall neither warrant nor be responsible for thequality or delivery of goods and/or services from a Vendor under any Supplier Agreement. TheAGENCY shall receive warranties provided directly by the Vendor, if any, for the goods and/orservices purchased under a Supplier Agreement.

I. VENDOR APPROVAL. The AGENCY will be able to procure goods and/or services fromthose Supplier Agreements executed by DALLAS COUNTY where the Vendor has accepted theterms for cooperative purchasing agreements for local governments established by Texas law.

J. MISCELLANEOUS PROVISIONS.

1. Binding Agreenlent and Authority. This Master Agreement has been duly executed anddelivered by both parties and constitutes a legal, valid and binding obligation of theparties. Each person executing this Master Agreement on behalfofeach party representsand warrants that they have full right and authority to enter into this Master Agreement.

2. Amendment. This Master Agreement may not be amended except in a writteninstrument specifically referring to this Master Agreement and signed by the partieshereto.

3. Applicable Law. This Master Agreement shall be governed by and construed inaccordance with the laws of the State of Texas and venue of any legal action filed byeither AGENCY or DALLAS COUNTY shall lie in Dallas County, Texas. Nothingherein is intended to benefit any third party beneficiaries.

4. Imnlunity. This Master Agreement shall be expressly subject to AGENCY'SGovernmental Immunity and DALLAS COUNTY'S Sovereign Immunity, Title 5 oftheTEXAS CIVIL PRACTICES AND REMEDIES CODE, and all applicable federal andstate law.

5. Severability. In the event that one (1) or more of the provisions herein shall be heldinvalid, illegal or unenforceable in any respect, this Master Agreement shall be construedas if such invalid, illegal or unenforceable provision had never been contained herein,and shall not affect the remaining provisions of this Master Agreement, which shallremain in full force and effect.

3

;1 ppr~ V4 L-

6. The AGENCY has executed this Master Agreement pursuant to Council Resolution }rq-o:-_____, passed on the f day of ;1/1A Y ,2008.

7. DALLAS COUNTY has executed this Master Agreement pursuant to CommissionersCourt Order No. 2008 1137 ,passed on the 10th day of

June ,2008.

June_____________7 2008.10th

COUNTY'P.. /. F ~AL

fy : (J-~

. ;' 70S er. . do)l'lty Judge

1/~i::'O+JNDED: ~B~~aA.AN~~

Shannon S. BrownPurchasing Agent

AGENCY:

RECOMMENDED:

Bob SchellDeputy Chief, Civil Section

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

4

ORDER NO. 2008 1141DATE: ..ruNE 2008

STATE OF TEXAS §

COUNTY OF DALLAS §

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

held on the 10th day of JUNE , 2008, on motion made by

Kenneth A. Mayfield, Cormnissioner of District No. 4 .and seconded by

Maurine Dickey, Cormnissioner of District No. 1 , the following Orderwas adopted:

WHEREAS, it is the responsibility ofthe Dallas County Commissioners Court to appoint officersto the Dallas County Child Welfare Board; and

WHEREAS, Leslie Carpenter was reappointed to serve on the Dallas County Child Welfare Board,on June 12,2007, and expiring January 31, 2009; and

WHEREAS, Ms. Carpenter has resigned such appointment to the Dallas County Child WelfareBoard; and

WHEREAS, it is the desire of Commissioner Kenneth A. Mayfield and the Dallas CountyCommissioners Court to fill the unexpired term of Leslie Carpenter on the DallasCounty Child Welfare Board.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas CountyCommissioners Court does hereby appoint the following citizen to the Dallas Child Welfare Board forterm expiring January 31, 2009:

Elaine Snouffer Cook (J)2818 SonterraCedar Hill, TX 75104972/293-4558 (0)

10th day of-+- ~----:l;7------;JI'-_r__--

J(;~~

~Recommendedby: ---->0.._.._-..............'------;;;;.""""'--..::.:... _

Dan Savage, Assi nt Administrator for Operations

DATE: .June 10, 2008

ORDER NO. 2008 1138 COURT ORDER

STATE OF TEXAS

COUNTY OF DALLAS

&

&

&

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

and seconded by

Texas, held on the 10th day of Jtrn.e , 2008, on motion-----~---------------

}fuurine Dickey, Commissioner of District No. 1made by

John Wiley Price, Cormnissioner of District___________________________________________, the following order was adopted:

WHEREAS, the City of Duncanville has requested that Dallas County enter into the attachedCity/County Agreement for maintenance and improvement of city streets for theperiod from January 1, 2008, to December 31, 2008; and

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

WHEREAS, said agreement shall thereafter be automatically renewed each year for the sameperiod of time until superseded by a supplemental agreement or earlier terminatedas provided by this agreement; and

WHEREAS, the City by execution of said agreement agrees to fund the total cost of all workperformed on Type E streets and the balance of the total project cost afterdeduction by the County's participation on Type Band C streets on a monthlybasis upon billing by County in accordance with Dallas County Road and BridgePolicy; and

WHEREAS, the county is working with the City of Duncanville in order to execute thisAgreement, which is consistent with Vision 1: Dallas County is a modelinteragency partner; and

WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84-659, establishingthe County Road and Bridge Policy and Order No. 92-1254 amending the officialCounty Road List.

DONE IN OPEN COURT, this the 10th day of

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court thatthe County Judge is hereby authorized to execute the attached City/County Agreement with theCity of Duncanville, Texas, and the County of Dallas, for maintenance and improvement of citystreets for the period from January 1, 2008, to December 31, 2008, to be renewedautomatically each year for the same period of time until superseded by a supplementalagreement or earlier terminated as provided by said agI:'eement.

1"".-....

ohntileY7') Conforms to

,--.,/ Commissioners CourtPolicy:

Donald R. Holzwarth, P.E.Director of Public Wor

APPROVAL OF INTERLOCAL COOPERATION PROJECT

The County of Dallas, acting by and through the County Commissioners Court,

having been advised of a project to perfonn various services on the City of Duncanville's

street system during the period from Janucuy L 2008 to December 3L 2008, as further

described in Exhibit "A" attached, all located within the City ofDuncanville ("City"), under

an Interlocal Contract, herein gives its specific written approval of the project prior to

beginning the project in satisfaction of the requirements of V.T.C.A., Government Code,

Chapter 791, the Interlocal Cooperation Act, Section 791. 014.

The description ofthe type ofproject to be undertaken and its location are as follows:

perform services on the City's street system during the period from January L 2008 to

December 3L 2008, located within the City of Duncanville.

The local government which requested the project and with which the County of

Dallas has contracted is the City of Duncanville.

By vote on this date, the Commissioners Court has approved the project identified

above and authorized execution ofthis document by the presiding officer on behalfofDallas

County, Texas.

V By: .. //" '/\ /~Corty Judge of Dallas CountyComrnissioners Court

STATE OF TEXAS §COUNTY OF DALLAS §

CITY/COUNTY AGREEMENT

WHEREAS, the city of Duncanville, hereinafter called City, and the County of Dallas,hereinafter called County, desire to enter into an agreement for maintenance andimprovement of city streets by the County;

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

WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84-659,establishing the County Road and Bridge Policy and Order No. 92-1254amending the official County Road List;

NOW, THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into bythe City and the County upon and for the mutual consideration stated herein:

PURPOSE:

The terms and conditions set forth within this Agreement provide the cooperative framework forthe City and the County to undertake a variety of transportation planning, engineering, design,construction, and maintenance functions, services and activities. Unless specifically delineatedand defined herein, all such functions, services and activities must be approved in advance ofproject initiated by the Commissioners Court of Dallas County. Such approval will require, at aminimum, project definition of scope, type, location and estimated resources required by the Cityand by the County.

WITNESSETH:

1.

The City may request the County to perform services on the City's street system during theperiod from January 1, 2008 to December 31, 2008. This Master Agreement shall thereafter beautomatically renewed each year for the same period of time until superseded by a supplementalagreement or earlier terminated as provided by this agreement. Services may includeimprovements and maintenance of thoroughfares and bridges of major county importance whichare either existing or proposed or improvements and maintenance of minor (local) streets, roads,bridges and drainage facilities for a governmental entity as defined under Chapter 791, TexasGovernment Code, Interlocal Cooperation Act. Such work may include scarifying, stabilizing,grading, patching, seal coating, signing, pavement marking, mowing, widening, resectioning,overlaying and other repair or improvement projects. Under the terms of this Agreement, anypayment for services provided herein must be made with current revenues.

TM 27162.17.000

II.

City agrees to pay to County the estimated city cost (see exhibit A) as City's portion of the costof the Project. Such amount will be paid to County prior to the commencement of construction.City agrees to accomplish the following items, if required by the project, in a timely manner toinsure that such items will not delay the County construction schedule; (1) inform the public ofthe proposed reconstruction of the Project; (2) locate all manholes, water valves, and otherutilities within the Project; and (3) make or cause to be made all utility relocations or adjustmentsnecessary for the Proj ect at no cost to County.

III.

The City agrees to indemnify and save harmless the County from any liability or damagesthe County may suffer as a result of claims, demands, costs or judgments against theCounty for injuries to persons or damage to the property of any person(s) or corporation(s)arising out of the performance of the work and services under this Agreement, except tothe extent such liability or damages are caused by the sole negligence of County.

IV.

The City agrees to allow the County to make routine special studies of traffic conditions withinthe City. These studies may include traffic counts and measures of speed, delay and otherfactors. Any such studies conducted for County purposes and not specifically requested by theCity will be at County expense.

V.

The City agrees to notify the County Department of Public Works within 30 days of anyannexations or de-annexations to allow the County to accurately maintain the Official Road List.

VI.

Specific projects to be undertaken by the terms and conditions of this Agreement must bedefined and clearly detailed in scope, type, location and party or parties performing thegovernmental functions or services. All payments must be in amounts that fairly compensate theperforming party for the services or functions performed and shall be made from currentrevenues available to the paying party. Specific project detail must be documented and suppliedfor individual project approval before the project is begun. Pavement marking projectsperformed by the County for the City will require the City to provide appropriate traffic control.Such control may include, as traffic volume and conditions warrant, flagging cones, barricades,shadow vehicles, arrow boards, signs and other desirable actions specified by the Texas Manualor Uniform Traffic Control Devices (MUTCD).

TM 27162.17.000

VII.

Either City or County may terminate this Agreement by providing the other party thirty (30) dayswritten notice of its intent to terminate. The written notice of the intent to terminate shall bedelivered to the following:

City ManagerCity of DuncanvilleP. O. Box 380280Duncanville, TX 75138-0280

Director of Public WorksDallas County411 Elm Street, 4th FloorDallas, TX 75202

IX.

This Agreement shall be construed in accordance with the laws of the State of Texas. Exclusivevenue for any legal actions between the parties arising from this Agreement shall be in DallasCounty, Texas.

BILLING:

All work will be billed within the first five (5) working days after the end of the month in whichit was performed. All invoices are due upon receipt. Escrowed funds are to be paid over to theCounty on a monthly basis under the same terms. A copy of each invoice is to be sent to theCounty Auditor as it is prepared for accounts receivable control.

MISCELLANEOUS:

City and County certify that this Interlocal Agreement is executed in accordance with thegoverning provisions of the Texas Interlocal Cooperation Acts, as amended, and that anyrequired separate documented approval by the County will be accomplished as a conditionprecedent to the execution of this agreement.

The City of Duncanville has executed this Agreement pursuant to duly authorized City Councilresolution No.ZOOB~O~ dated Moy 0 J rzro6 . The County of Dallas has executed thisAgreement pursuant to Commissioners Court Order No. 2008 1138 ,on this --:;l=-=O-=t=h _day of June , 2008.

COyNTY OF ALLAS

)J.

:Chief, Civil Section

TM 27162. 17.000

COURT ORDER2008 1139JUNE 10 , 2008DATE: _--=-.=.::=--=-=-:z.--:;,;~e......:- _

ORDER NO. _

STATE OF TEXAS §COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 10th day

of Jtme ,2008, on motion made by Maurine Dickey, Commissioner of District No.1

andsecondedby John Price, Commissioner of District No.3 the following court order was adopted:

WHEREAS, award of said contract was discussed in briefing on June 3, 2008; and

WHEREAS, the right of way acquisition activities associated with the Wintergreen Road MCIP Project 31302, IH-35 toHouston School Road requires the acquisition ofa right ofway parcel through the eminent domain process; and

WHEREAS, the Civil Section of the Criminal District Attorney's Office has requested that Pyles Whatley Corporation to beretained to provide professional appraisal services and expert testimony for the condemnation proceedings on realproperty associated with Wintergreen Road MCIP Project 31302, Parcel 32, 32DE, located in the City ofLancaster, County ofDallas, Texas; and

WHEREAS, as provided by the "Policy for Selection ofIndependent Appraisal Services", a proposal for Independent AppraisalServices was solicited and received by the Public Works Department from Pyles Whatley Corporation; and

WHEREAS, the Director of Public Works has completed a review of the proposal and recommends that a contract forIndependent Appraisal Services and Expert Witness Testimony be awarded to Pyles Whatley Corporation for theamount not to exceed of$2,500.00 for the appraisal and $250.00 per hour in the amount not to exceed $5,500.00for services as an expert witness as needed by the District Attorney.

WHEREAS, this action is consistent with Strategic Vision 4 by supporting regional public transportation projects which easecongestion and increase efficiency.

DONE IN OPEN COURT this the 10th day of J_UD._e__-f- _

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the County Judge is hereby authorized and directed toexecute the Independent Appraisal Services and expert witness contract with Pyles Whatley Corporation in the amount not to exceed$2,500.00 for the appraisal services and $250.00 per hour in the amount not to exceed $5,500.00 for services as an expert witnessasneeded by the District Attorney for Eminent Domain proceedings on the Wintergreen Road MCIP Project 31302, Parcel 32, 32DE,Janette Whitener Moore, to be paid from Project 31302/08201, Expense Code 08144.

..t:f'mt7Foster, County Judge///. .

I/~ -- ...~

(&~Ld4,-<~

. John WIley P~1StriCt 3 , ... ~.e.3....... ' a

-, //RE~OMMENDEDBY il1!t I..{/ /<,~,~

Donald R. Holzwarth, P. .Director ofPublic Works,

Attachment /"./' C~ltdmydoc/outsource/apprslserv/CO ED Apprsl Cntrctpyles 31302p32

DALLAS COUNTY APPRAISAL CONTRACT

STATE OF TEXAS }COUNTY OF DALLAS }

This agreement, made, entered into and executed this __day of ,2008, by andbetween Dallas County, State of Texas, acting by and through Dallas County Public Works, hereinafter called "County"and Pyles Whatley Corporation, hereinafter called the "Appraiser".

WHEREAS, the County desires to determine the present market value of the parcel of land as identified inExhibit "A" in order to establish the just compensation to the owner of said property for the taking of the property (or aportion thereof) for use in connection with the construction, widening and/or other improvement of each project; and

WHEREAS, this parcel has been approved by Commissioners Court to be acquired by the Dallas CountyCriminal District Attorney's Office by condemnation.

NOW THEREFORE, the County does herein contract and agree with the Appraiser and Appraiser does hereby contractand agree with County as follows:

1. IN CONSIDERATION for the preparation and delivery of appraisal and expert testimony for eminent domainpurposes, for the parcel as referenced above, to Dallas County by appraiser and receipt, review and writtenacceptance of the appraisal by Dallas County, the Appraiser shall be paid the amount not to exceed $8,000.00.This amount includes $2,500.00 for preparation and delivery of appraisal and an amount not to exceed $5,500.00for litigation preparation and expert testimony. Such report shall be completed and delivered to Dallas CountyDistrict Attorney's Office, Civil Section within 45 days from the date of the Notice to Proceed. The appraisalreport shall notbe deemed received by County and no payment shall be due and payable to appraiser until thereport has been delivered to, reviewed by and accepted by County. Payment for the appraisal shall be within 30days of the receipt, review and written acceptance of the appraisal by Dallas County.

A. The County will furnish the Appraiser with pertinent segments of the right-of-way map(s), project andparcel number(s), surveyts), field note(s) and/or legal description(s) of the area(s) to be acquired(parcel), and name of the record owner of the whole property. The County shall make available suchinformation as it has available regarding engineering design affecting the parcels upon which anappraisal is desired.

B. The County may, at any time by written order, add to or take away from the amount of work and/orservices to be performed under this contract. If such changes cause an increase or decrease in the costof, or the time required for, performance of this contract, an equitable adjustment shall be agreed uponby the parties, which shall be set forth in writing and subsequent to formal approval of the DallasCounty Commissioners Court shall be made a part of this contract.

2. The Appraiser shall appraise the parcel of land as identified in Exhibit "A" and the remaining property in a wellreasoned, appropriately documented method and manner and which will receive the acceptance and approval ofCounty, and the City of Lancaster. The Appraiser shan use all proper techniques, methods and analysesapplicable and pertinent in preparing the detailed narrative appraisal and to arrive at an estimate of value foreach in accordance with Texas State Law. The Appraiser shall familiarize himself with Texas and Federal law,rules and regulations pertaining to valuation of real property for acquisition for a governmental public purpose.Appraiser agrees that each appraisal will be prepared and written in compliance with Texas Law and theUniform Standards of Professional Appraisal Practice, published by the Appraisal Foundation, as amended. TheProperty is funded by Major Capital Improvement Program funds. In the event that the appraiser is notified bythe County that all or a portion of the real property to be acquired is to be funded in whole or part by Federal orState funding, Appraiser agrees to comply with the requirements set forth in the Uniform Relocation Assistanceand Real Property Acquisition Policies for Federal and Federally Assisted Programs, 42 USCS 4601, et seq and49 CFR 24. Unless otherwise specified, the appraisals are to include the following:

Page I of5

A. Value of Whole PropertyB. If taking is a Partial Taking:

1. Value of Taking as:1a. Severed land if it has utilityIb. Value as proportionate part of Whole if Taking has no Self-sustaining

Economic Value2. Value of Remainder before the Taking3. Value of Remainder after the Taking4. Damages or Enhancements to the remainder after taking5. Total amount that represents the payment of adequate consideration (Just Compensation) to the

owner for all areas acquired and any reduction in damage to the remaining land not found incommon with the community offset by any enhancement to the remaining land not found incommon with the community

C. Such valuation shall be as of the date of deposit of the award of special commissioners into the registryof the County as identified in Exhibit ~~A".

3. A. The Appraiser agrees to begin their appraisal hereunder subsequent to formal approval of this Contractby Dallas County Commissioners Court and written notice to proceed from the Dallas CountyDepartment of Public Works, Property Division, and to furnish to the County seven (7) copies of therequired appraisal reports complete both in form and substance, on or before 45 calendar days from dateof County's notification to proceed. Upon failure to submit the complete appraisal reports by the duedate, which, as defined, shall mean 45 calendar days from the date of notice to proceed from County,the County may cancel or terminate this Contract by informing the Appraiser of such cancellation. TheAppraiser further agrees that any consideration herein provided for shall be forfeited as liquidateddamages in the event that such cancellation or termination of this contract OCClU~s as a result of unduedelay.

B. A detailed inspection, which will include taking pictures and inspecting the interior and exterior of theimprovements, if any, will be performed.

4. The Appraiser, by the execution of this Contract certifies that neither it nor any employee of appraiser has,directly or indirectly, any financial or personal interest in or to any tract, piece, or parcel of land included withinthe limits of the subject project and. further that neither it nor any employee has, directly or indirectly, anyfinancial or personal interest, other than his employment or retention by the County, in any contract orsubcontract in connection with such project. The Appraiser, by execution of this contract, further certifies thatshould it or any employee in its services acquire in the future, prior to completion of appraisal services, any suchinterest in property within the project or any contract or subcontract in connection with such project, they willimmediately notify the County of such interest, contract, or subcontract.

5. The Appraiser will make a personal inspection of the property to be appraised and win prepare the appraisalindependent of any other Appraiser. The Appraiser expressly agrees not to sublet or transfer any of the appraisalwork assigned under the provisions of this contract unless approved in writing by the County. It is agreed thatappraisal information concerning the property, whether provided by the County or obtained by the Appraiserduring the course of his work and whether contained within the appraisal reports to the County or not, isconfidential between the County and the Appraiser and a breach of such confidence by the Appraiser, except onwritten authorization by the County or upon proper order of a Court, shall be considered a material breach of thisContract.

6. The Appraiser understands that the parcel appraised has been condemned by the Dallas County DistrictAttorney's Office and appraiser will, upon notification, provide all requested assistance including preparation,planning and expert witness testimony for a total fee computed by multiplying the actual time required by anhourly rate of Two Hundred Fifty and 00/100 Dollars ($250.00) per hour, where contractor's expertise andpresence is required; additional meetings and/or presentations where County has requested Contractor'sattendance will be compensated at a rate of$150.00 per hour in the amount not to exceed $5,500.00. Chargeable

Page 2 of5

time shall be computed from time the Appraiser arrives and departs meetings, travel time to and fromAppraiser's office, and the actual documented time spent to prepare for such litigation. The Appraiser willmaintain a log of time being charged at this hourly rate and present the log to the County with all invoices forservices rendered.

The Appraiser at all times shall be an independent contractor and not agent, servant or employee of County. TheAppraiser shall be fully responsible for all acts and omissions of its employees, subcontractors, and theirsuppliers, and shall be specifically responsible for sufficient supervision and inspection to insure compliance inevery respect with the contract requirements. There shall be no contractual relationship between anysubcontractor or supplier of the Appraiser and the County by virtue of this Contract. No provision of thiscontract shall be for the benefit of any party other than the County and Appraiser

7. The Appraiser agrees that it will protect, defend, indemnify, and save whole and harmless the County andall of its officers, agents, and employees from and against all claims, demands, causes or action, damages,Judgments, loss and expenses, including attorney's fees, of whatsoever nature, character, or descriptionthat any person or entity has or may have arising from or on account of any injuries or damages(including but not restricted to death) received or sustained by any person, persons, or property, onaccount of, arising out of, or in connection with the performance of the work, including without limitingthe generality of the foregoing, any negligent act or omission of the Appraiser or any agent, servant,employee or sub-contractor of the Appraiser in the execution or performance of this Contract. Appraiserfurther agrees to protect, indemnify and hold County harmless against and from any and all claims andagainst and from any and all loss, cost, damage, judgments or expense, including attorney's fees arisingout the breach of any of the requirements and provisions of this Contract or any failure of Appraiser, itsemployees, officers, agents, contractors, invitees, or assigns in any respect to comply with and perform allthe requirements and provisions hereof.

The Appraiser at its sole cost and expense shall, at all times during the term of the contract and extended termsthereof, if any, provide and maintain the following types of insurance protecting the interests of the County andthe Appraiser: Workers Compensation Insurance, Commercial General Liability ($500,000 for bodily injury andproperty damage per occurrence with general aggregate of $500,000 and products and complete operationaggregate of $100,000), and Comprehensive Automobile Liability (not less than $100,000 each person and$300,000 each accident for bodily injury and $100,000 each occurrence for property damage for a combinedsingle limit for bodily injury and property damage liability of not less than $400,000). Within ten (10) days ofthe Effective Date of this contract and prior to the commencement of work, the Appraiser shall deliver to theCounty, Certificates of Insurance satisfactory to the County, on, as and when the County may direct copies ofthe actual insurance policies to the County.

8. It is specifically understood and agreed that the Appraiser shall not authorize or undertake any additionalservices pursuant to this Contract which would require the payment of any fee, expense or reimbursement inaddition to the fee stipulated herein, without having first obtained specific written authority from the County.

9. Notwithstanding any provisions contained herein, this Contract is expressly contingent upon the availability offunding for each item and obligation contained herein for the Term of the Contract. Appraiser shall have noright of action against the County in tile event that the County is unable to fulfill its obligations under thisContract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund thisContract or failure to budget or authorize funding for this Contract during the current or future fiscal years. Inthe event that the County is unable to fulfill its obligations under this Contract as a result of lack of sufficientfunding, or if funds become unavailable, the County, at its sole discretion, shall provide funds from a separatesource or terminate this Contract immediately.

10. This Contract shall not be assigned in whole or part without prior written consent of the County.

11. Notice shall be deemed given upon hand delivery or three (3) days after deposit with the United States PostalServices at the notice address of each party. Notice addresses of the parties are:

Page 3 of5

Dallas CountyAttn: Assistant Director of Public Works, Property DivisionPublic Works Department411 Elm Street, 3rd FloorDallas, Texas 75202

Pyles Whatley CorporationAttn: Wendell Pyles, MAl, SRIWA11551 Forest Central Drive, Suite 300Dallas, Texas 75243

Phone: 214-653-6400Fax: 214-653-6517

Phone: 214-340-5880Fax: 214-340-5422

12. The County may terminate this Contract for any reason upon thirty (30) days written notice to the Appraiser.The Appraiser shall then be compensated in accordance with the terms of this Contract for all work completedand delivered to County prior to the receipt of the notice of such termination,

13. The Appraiser expressly agrees that no provision of this Contract is in any way intended to constitute a waiverby the County of any immunities from suit or from liability that the County may have by operation of law. ThisContract is expressly subject to the County's sovereign immunity and Title 5 of the Texas Civil Practice andRemedies Code.

14. TIns Contract and all matters pertinent thereto shall be construed and enforced in accordance with the laws ofthe State of Texas. The exclusive venue for any legal action between the parties arising from this Contract shallbe in Dallas County, Texas.

15. This Contract constitutes the entire agreement between the parties hereto and may not be modified except by aninstrument in writing executed by the parties.

16. If any provision of this Contract shall be held invalid, void or unenforceable, the remaining provisions sha11110tbe affected or impaired, and such remaining provisions shall be in full force and effect.

COUNTY OF DALLAS, TEXAS

+------------

June 10, 2008Date

Approved as to form:

Bob Schell, Chief Civil SectionDistrict Attorney's Office

June 10 2008

PYLES WHATLEY CORPORATION

BY: _

Wendell Pyles, MAl, SRI\VA

Date

By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalfof its clients. It maynot advise or approve a contract or legal document on behalf of other parties. Our review of this document was conductedsolely 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 attorneyts).

cdmycloc/outsource/apprsl/ed apprsl cntrctREVISED intg 31201 p60

Page 4 of 5

EXHIBIT "A"

I ! DATE OFAPPRAISAL FEE &PROJECT NAME & NO. PARCEL CITY PROPERTY OWNER CAUSE NO. DEPOSIT OF' LITIGATION SUPPORTNO. A\VARD

$2,500.00 Appraisal Fee

Jonette Whitener Moore$5,500.00 Litigation

Wintergreen Rd. 31302 32, 32DE Lancaster - - Preparation and ExpertTestimony

Total $8,000.00

Page S of5

ORDER2008 1140

COURT ORDER

JUNE 10, 2008DATE _

STATE OF TEXAS §

COUNTY OF DALLAS §


10th day of June

J:1aurine Dickey, Commissioner of District No. 1

2008, on motion made by

and seconded by

________________________,ilieful~w~gO~crw~~~~d:John Wiley Price, Commissioner of District No. 3

WHEREAS, Senate Bill (SB) 964, passed by the State Legislature during their legislative session and signed intolaw by Governor Rick Perry on June 16, 2007, requires that there be two Board members from eachofthe North Texas Tollway Authority's founding counties (Collin, Dallas, Denton and Tarrant); and

WHEREAS, the Dallas County Commissioners Court originally appointed Mr. Alan E. Sims as the County'srepresentative on the North Texas Tollway Authority Board of Directors for a two-year term,effective September 1,2006 through August 31,2008; and

WHEREAS, it is the desire of the Dallas County Commissioners Court to re-appoint Mr. Alan E. Sims to theNorth Texas Tollway Authority Board of Directors as the County's representative for another twoyear term, effective September 1, 2008 and expiring August 31, 2010.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Courtdoes hereby re-appoint Alan E. Sims to the North Texas Tollway Authority Board of Directors to represent DallasCounty for a term of two years, beginning September 1, 2008 through August 31, 2010.

Mike Cantrell, District 2

of -----:;~.::::._ ~10th

Maurin ickey, District 1

DONE IN OPEN COURT this the -:::....;;:,..::::..:::...- _

Recommended by -I--.::=::..=:.-.----~::::.-:::.t.ot:....:::...:.--_;r_

·~,..,-1lliFoster, County Judge! j

.

' . ,/t/

court order ~l008 1117 - dallas county€¦ · 10/06/2008 · orderno.: ~,.....::.-~l008 1117 _...

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