dallas county commissioners court briefing agenda · 2013-01-04 · dallas county commissioners...

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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

January 8, 2013

REPORTS(RECOMMENDA TIONS(REQUESTS PAGE NOS.

1. HEALTH & HUMAN SERVICES

a) TACAA Targeted Low-Income Weatherization Program ......................... 4-11

b) FY 2012 Ryan White HIV I AIDS Treatment Extension Act of 2009 Part A Supplemental Contract Amendments ................................... 12-14

c) FY 2012 Ryan White HN I AIDS Treatment Extension Act of 2009 Part A - Minority AIDS Initiative Contract Amendments ............. 15-17

d) FY 2012 Ryan White HIV I AIDS Treatment Extension Act of 2009 Part A Formula Contract Amendments ............................................ 18-20

e) Atmos Energy "Share The Warmth" Agreement ..................................... 21-28 (COURT ORDER ON FORMAL AGENDA)

f) Request for Additional Mosquito Technician ........................................... 29-31

2. COUNTY CLERK & DISTRICT CLERK

Odyssey-Civil Automation Phase Two: Civil County & District Courts .......... 32-34

3. COUNTY CLERK

OnBase Mobile Client ............................................................................................... 35-36

4. HUMAN RESOURCES/CIVL SERVICE

2013 Cafeteria Plan (Flexible Benefits Plan) ........................................................... 37-85

01108/2013

2

5. PURCHASING

Render Firm Susceptible for Award Consideration/Contract NegotiationsRFP 2013-009-6198, Request for Proposal for Mainframe Housing Solution for Dallas County ....................................................................................................... 86-87

6. PUBLIC WORKS

a) Denton Drive/Harry Hines Sidewalks MCIP Project 10217 A Modification No.1 to Scope of Services of Consultant Engineering Contract .................................................................................... 88-99

b) Pleasant Valley Road MCIP Project 22009 (Firewheel Parkway to Richfield Drive) Contract for Project Construction ........................................................... 100-109

c) Funding Agreement between Dallas County and State of Texas for A Surface Transportation Program-Metropolitan Mobility Project (CSJ#: 0196-06-028) Loop 354 (Harry Hines Boulevard) MCIP Project 10217-A for pedestrian structures and sidewalks along from Manana Drive to North Royal Lane ....................................................................... 110-123

d) Miller Road MCIP Project 27501 (Garland East City Limits to Rowlett West City Limits) Supplemental Agreement to the Master Agreement Governing Major Capital Transportation Improvement Projects ...... 124-146

e) Merritt Road MCIP Project No. 22805 (Pleasant Valley Road to Sachse City Limits) NTTAEncroachment Agreement ........................ 147-180

7. PLANNING & DEVELOPMENT

Grand Prairie Sub-courthouse-Change Order No. 5 ........................................ 181-182

8. BUDGET

a) Conference/Travel/Training Requests .................................................. 183-186

b) SWIFS Request for New Drug Chemist II Positions .................................... 187

c) Oak Cliff Organics Inmate Landscaping and Gardening Program ... 188-193

o i/08/20 13

d) Dallas County Mileage Reimbursement Rate ....................................... 194-195

e) FY2013 Budget Update .................................................................... Presentation 1:30 p.m.

9. INFORMATION ....................................................................................................... N/ A • Jail Population Report • Office of Budget & Evaluation

a) Reserve Balance Report-January 2,2013 b) Constable, Precinct 5 State Forfeiture Funds

• Purchasing: a) Annual Contract Extensions b) Online Auction

• Health & Human Services: a) Request for Self Storage Unit Rental

(Please Refer to Miscellaneous Item No. 1b) (COURT ORDER ON FORMAL AGENDA)

b) Request to Store Mobile Units on County Property (Please Refer to Miscellaneous Item No. Ie) (COURT ORDER ON FORMAL AGENDA)

c) HHS Updates

10. Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 196-201

11. PUBLIC COMMENTS

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

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

Legislative Briefing - Friday, January 11,2013 @ 9:00 a.m.

01/08/2013

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DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN sm\llLto'ES COUHTY ADMINISTRATION C0l11'\iSSI01F::RS COURT

TO:

FROM:

DATE:

ZACHARY THOMPSON, M.A. DIRECTOR

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

JANUARY 8,2013

13 JriN - 2 AM 9: 50

SUBJECT: TACAA TARGETED LOW-INCOME WEATHERIZATION PROGRAM

BACKGROUND The Texas Association of Community Action Agencies, Inc (TACAA) has notified Dallas County Health and Human Services (DCHHS) of funds in the amount of$1,795,000,00, for the Targeted Low-Income Weatherization Program. Contract No. 3443-13-007 is effective January 1, 2013 through October 30, 2013. DCHHS will provide cost effective weatherization measures to eligible Oncor Electric Delivery Company LLC (Oncor) customers residing in Dallas County, as in accordance to the program requirements stated in the attached contract.

FINANCIAI.IMPACT The Contract is for an amount up to $1,795,000.00. Funding includes weatherization measures totaling $6,500 per home; 10% of material and labor charges for administration; and 15% for program support costs. There is no financial impact to Dallas County.

OPERATIONAL IMPACT There is no operational impact to Dallas County from this Contract. Administration and program support funds earned through the program may be utilized to purchase special equipment and vehicles as needed to further the objectives of the program.

IMPACT ON DALLS COUNTY STRATEGIC PLAN Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. DCHHS Weatherization Assistance Program will provide cost effective measures to low-income homes in IDallas County in accordance with program requirements stated in the contract.

RECOMMENDATION It is recommended that the Dallas County Commissioners Court approve the Contract for Services between Dallas County Health and Humam Services and Texas Association of Community Action Agencies, Inc. (Contract No. 3443-13-007), elffective January 1, 2013 through October 30, 2013, for an amount not to exceed $1,795,000.00, for the provision of cost effective weatherization measures to eligible Oncor customers.

RECOMMENDED BY:

Attachment C: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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

5

Contract for Services

Between

TEXAS ASSOCIATION Of COMMUNITY ACTION AGENCIES, INC.

And

DALLAS COUNTY HEALTH AND HUMAN SERVICES

Contract No. 3443-13-007

Section 1. Parties to Contract

This contract (hereinafter "Contract") is made by and between the Texas Association of Community Action Agencies, Inc. (hereinafter "Agency") and Dallas County, Texas, a governmental entity, on behalf of Dallas County Health and Human Services (hereinafter the "Contractor"). Agency and Contractor together hereinafter referred to as "Parties."

Section 2. Contract Period

The Contract shall commence on January 1, 2013 and, unless earlier terminated, shall end on October 30, 2013. The Contract may be extended contingent upon availability of funds from Oncor Electric Delivery Company LLC (Oncor), satisfactory performance by the Contractor, and mutual agreement between the Parties.

Section 3. Purpose

The Targeted Low Income Weatherization Program (the "Program") is designed to employ weatherization measures to cost-effectively reduce the energy consumption and energy costs of Oncor's low income customers using tfhe existing service delivery systems of the federally funded Weatherization Assistance Programs (WAPs). Appropriate weatherization measures and basic on-site energy education will be provided to eligible residential energy consumers. Oncor's funding, administered by Agency, for weatherization measures will enhance and supplement the federally funded WAP for low income Oocor customers in the Oncor service territory, expanding the number of eligible customers served and weatherization measures installed.

Section 4. Scope of Work

Contractor shall provide weatherization services similar to the federally funded WAPs, unless otherwise instructed by Agency, to eligiblle Oncor customers (hereinafter "Participants") residing in Dallas County, in the Oncor service tenritory.

Section 5. Program Requirements and Responsibilities of Contractor

5.1 Contractor shall:

5.1.1 Determine client eligibility, including:

• Customer of Oncor at the time of application;

• Household income at or below 200 percent of the federal poverty guidelines;

• Dwelling unit has refrigerated electric air conditioning; and

• Dwelling unit has not received similar energy efficiency services through another energy efficiency program offered or sponsored by Oncor since 2002. A process to verify prior energy efficiency services will be established and provided to Contractor.

5.1.2 Operate under the standards established in 10 CFR Part 440, and one of the following methods:

• Conduct a "pre-blower door test," a "post blower door test," and the completion of all weatherization measures, including incidental repairs, which attain a Savings to Investment Ratio (SIR) of 1.0 or greater using a U.S. Department of Energy approved Audit (hereinafter "Audit") and which are feasible and reasonable in light of conditions at the dwelling unit and for which funding is available. Contractor must use Participant's actual electric rate from electric bill.

• For multi-family units of five or more units per building, with the exception of smart thermostats and water heater replacements, complete measures according to the Priority List (hereinafter "Priority Ust") approved by the U.S. Department of Energy for Texas which are feasible and reasonable in light of conditions at the dwelling unit and for which funding is available. (The Audit is also acceptable for multifamily units.)

5.1.3 Provide the Participant, or a designated representative, energy education, which may include how to read an electric meter, understanding an electric bill, understanding the impact of energy savings, and/or providing other general energy management information. Energy education will be determined to have been successfully delivered when the Participant signs a document stating the Participant has received and understands the energy education.

5.1.4 Encourage Participants to use products provided through the Program in accordance with manufacturers' instructions.

5.1.5 Encourage Participants to follow energy efficiency suggestions provided through the on-site energy education.

5.1.6 Complete and maintain all program reports and forms as required by WAPs, both programmatic and financial, such as landlord/tenant ownership agreement forms, and forms to ensure proper accounting of all weatherization measures installed.

5.1.7 Report to Agency per Section 9 of this Contract.

5.1.8 Meet federal and state insurance regulations.

5.2 Program funds may be used for incidental repairs made to a Dwelling Unit in conjunction with allowed Weatherization Measures. Agency will only reimburse Contractor for expenditures required to achieve electrical energy savings. Contractor will not be reimbursed for projects that do not result in electrical energy savings. All weatherization measures, including incidental repairs, installed in the home regardless of the source of funding must produce a SIR of 1.0 or greater. Water saver measures may only be installed in Participant homes that rely upon electric water heating equipment to heat water for domestic use.

5.3 At minimum, Contractor will weatherize !WIo hundred fifty-two (252) dwelling units in the Oncor service territory counties specified in Section 4 of this Contract.

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Section 6. Program Requirements and Responsibilities of Agency

6.1 Agency shall provide Contractor up to $1,795,000.00 to provide cost effective weatherization measures to Oncor's eligible customers, contingent upon availability of funds from Oncor. If sufficient funds are not available, Agency shall notify Contractor in writing within a reasonable time after such fact is determined. Agency shall then terminate this Contract.

6.2 Agency shall:

6.2.1 Conduct quality control inspections;

6.2.2 Conduct financial and programmatic monitoring; and

6.2.3 Report to Oncor deemed energy savings for Program, calculated from dwelling unit information reported by Contractor, as specified in Section 9 of this Contract.

Section 7. Quality Control

7.1 Inspections may be done by Agency and/or Oncor at any time, but for Agency to withhold or reduce payments for completed weatherization measures at a dwelling unit, the inspection must be completed within 60 days from the date Agency receives a complete monthly report with all supporting documentation for the dwelling unit.

7.2 If quality control checks reveal undelivered services (i.e., services for which the Participant is eligible that are feasible and reasonable in light of conditions at the dwelling unit and that meet SIR requirements and for which funding is available), Contractor shall return and provide such services.

7.3 If it is determined in the quality control inspections conducted by Agency or Oncor that an authorized measure installed at a reported dwelling unit is incapable of performing its intended function and/or it will not provide that function for the length of time prescribed to the savings, then the requested payment for that measure (including the associated administrative fee) will be subtracted from current or future payments. Contractor will have 60 days from the date it is notified by Oncor or Agency of the deficiency to bring the deficient measure(s) into compliance and resubmit the measures associated with the dwelling unit for consideration.

7.4 If Contractor fails to bring the deficient measures into compliance within the 60 day period and the SIR of the dwelling unit falls below 1.0, then the remaining payment for the dwelling unit (including the associated administrative fee) will be subtracted from a current or future payment by that amount.

Section 8. Compensation

8.1 Each month, Contractor will report funds expended and projected. Contractor's requests for advances shall be limited to the minimum amount needed to perform the contracted services for a 30-day period and will be paid upon Agency's receipt of Contractor's report showing the performance. Agency reserves the right to use a cost reimbursement method of payment for all funds if (1) Agency determines Contractor has maintained excess cash balances; (2) Agency identifies any deficiency in the Contractor's cash controls or financial management; (3) Agency determines that a cost reimbursement would benefit the program; (4) Agency's funding sources require the use of a cost reimbursement method; or (5) Contractor fails to comply with any of the reporting requirements.

8.2 Contractor will be entitled to compensation for materials, labor and program support used by the federally funded WAP Service Provider to install weatherization measures for up to $6,500 per weatherized Dwelling Unit. Agency may reimburse Contractor for program support costs and up to 10% of the invoice amount for administration. The amount paid to Contractor for administration shall not be included in the calculation of the $6,500 per Dwelling Unit cap or the calculation of the Whole House SIR. Contractor's program support costs shall be included in the calculation of the $6,500 per Dwelling Unit cap, but shall not be included in calculating the Whole House SIR. At the end of the contract period, program support costs may not exceed 15% of the total materials and labor charges.

8.3 If it is determined that a reported dwelling unit is ineligible for participation and there are no options available to make it eligible, then that dwelling unit will be excluded from payment.

8.4 All funds must be encumbered (work completed and invoiced) during the Contract period in accordance with this Contract. Any unexpended balance at the end of the contract period is forfeited unless the contract period is extended by amendment.

Section 9. Reporting

9.1 Beginning February 15, 2013 and through the end of the Contract, Contractor will ensure monthly reports are received by the Agency by the fifteenth (15th

) day of each subsequent month. Agency will provide reporting form to Contractor. If no work has been performed, an email stating such will suffice. Otherwise, report will include:

9.1.1 A copy of the Audit or Priority List and Building Weatherization Report for each weatherized dwelling unit;

9.1.2 A report form provided by Agency that includes demographic information (ESI 10, air conditioning type, heating type, and water heating type), measures installed, and total amounts expended and encumbered by measure, category (materials, labor, and administrative costs) and weatherized unit;

9.1.3 Number of dwelling units weatherized;

9.1.4 A signed invoice with total amounts expended and encumbered for materials, labor, program support, and administrative costs, projected expenses, and any advance requested; and

9.1.5 Additional documentation requested as necessary.

9.2 By July 31, 2013, Contractor will report to Agency outstanding work, obligated but not reported, with estimated expenses by category (materiais, labor, and administrative costs) by unit to be weatherized. Agency will provide reporting form to Contractor.

9.3 Contractor agrees that it will keep accurate records of its expenditure of funds, program performance documentation, and Participant files under this Contract. Files must include a signed Participant release which allows release of Participant information to Agency and Oncor. (Language in an existing form to this effect will suffice.)

9.4 All records required for a program audit and inspection shall be made available at the offices of the Contractor, at all reasonable times, for inspection, audit, or reproduction, until three (3) years after the date of final payment for any work.

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9.5 Failure to fulfill reporting requirements may result in withholding of payments.

9.6 Reports must be delivered by mail or courier to:

Texas Association of Community Action Agencies, Inc. 2512 I.H. 35 South, Suite 100 Austin, TX 78704-5772

Or by email to:

[email protected]

Section 10. Termination of Contract

10.1 Either party upon thirty (30) days written notice may terminate the Contract. Upon receiving notice of termination, Contractor will place no further orders, or enter into further subcontracts for services, materials, or equipment related to the work where possible. In addition, Contractor will delay or terminate all existing orders and subcontracts insofar as those orders and subcontracts relate to the performance of the work terminated. However, to the extent possible, Agency will allow continued delivery of eligible services to those customers promised services prior to receipt of notice of termination. In the event of termination, Contractor will identify any such customers and notify Agency to negotiate delivery of services to them.

10.2 Agency may terminate the Contract without notice if the Contractor's Community Services Block Grant, Comprehensive Energy Assistance Program and/or Weatherization Assistance Program funds are suspended by the authorizing state agency.

Section 11. Recapture of Funds

11.1 As a benchmark for measuring performance goals, as of March 31, 2013, if the amount spent or encumbered is less than 30 percent of the Contract total, Agency may, after review with Contractor, reduce the funding of the remaining allocation by up to 30 percent of the total budget.

11.2 As a secondary benchmark for measuring performance goals, as of June 30, 2013, if the amount spent or encumbered is less than 65 percent of the Contract total, Agency may, after review with Contractor, reduce the funding of the remaining allocation by the amount not spent or encumbered.

Section 12. Miscellaneous Provisions

12.1 Independent Contractor. Contractor is an independent contractor and is not an employee of the Agency. Contractor agrees to comply with all applicable state, federal and local laws.

12.2 Indemnification. Contractor and Agency including their respective employees, agents, and elected officials, agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the courts of performance of this Contract, without waiving any governmental immunity available to Contractor under Texas and other applicable laws, and without waiving any available defenses under Texas and other applicable laws. Nothing in this paragraph shall be construed

1 U

to create or grant any rights, contractual or otherwise, in or to any third persons or entities.

12.3 Immunity. This Contract is expressly made subject to Contractor's governmental immunity, including without limitation, Title 5 of the Texas Civil Practice and Remedies Code and all applicable State and federal laws. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, that Contractor has by operation of law, or otherwise. Nothing in this Contract is intended to benefit any third party beneficiary.

12.4 Contract Renewal and Modification. Should questions or disputes develop with respect to matters related to Contract terms, or with respect to Contractor activities, the Parties shall meet promptly to resolve such issues. Should informal resolution not be possible, the Parties stipulate to the selection of a resolution committee to assist in resolving any issues that cannot be readily resolved through informal means. Should judicial resolution of a disputed matter become necessary, the Parties agree that the forum shall be the courts of Travis County, Texas.

12.5 Severability. In the event any provision of the Contract is held to be void, unlawful, or otherwise unenforceable, that provision will be severed from the remainder of the Contract. The Contract, as so modified, will continue to be in full force and effect.

12.6 Insurance. Contractor is self-insured with respect to Workers' Compensation, Commercial General Liability and Commercial Auto. The requirements as set forth in Exhibit A as to types and limits of insurance, as well as Agency's approval of insurance coverage to be maintained by Contractor, are not intended to and will not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Agreement.

12.7 Publicity. Information relating to this Contract may be released for publication and/or advertising only with the prior written approval of Agency. Contractor is expressly prohibited from using Oncor's name in any publication, advertising, or promotion without Agency's written approval.

12.8 Binding On Successors. This Contract will inure to the benefit of and be binding upon the undersigned Parties and entities, and their respective legal representatives, successors and assigns.

Section 13. Entire Contract

This Contract constitutes the entire understanding of the Parties. Any change in the terms of this Contract shall be made by an amendment in writing and signed by both Parties to this Contract.

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Section 14. Execution

This Contract is effective when signed by Agency Executive Director.

Stella Rodriguez, Executive Director for Agency Texas Association of Community Action Agencies, Inc.

Zachary Thompson, Director for Contractor Dallas County Health and Human Services

Clay Lewis Jenkins, County Judge Dallas County, Texas

Approved as to form:' DALLAS COUNTY CRAIG WATKINS DISTRICT ATIORNEY

TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION

Melanie Barton Assistant District Attorney

Date

Date

Date

*By law, the District Attorney's Office may only advise or approve contracts or legal doucrnents on behall 01 its clients. It may not advise or approve a contract or lega! document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit 01 our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s).

1 2

DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

Zachary Thompson Director

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: JANUARY 8, 2013

12 DEC 26 AM 4: 15

SUBJECT: FY 2012 RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 PART A SUPPLEMENTAL CONTRACT AMENDMENTS

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HIV/AIDS Treatment Extension Act of2009 (TEA) Part A Supplemental grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the sub-recipient award process, tracking the expenditure of funds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with the responsiibility of establishing priorities for the allocation of TEA funds and determining allocation of funds by service category.

Contracts and budgets in the amount of $41,151.00 are submitted with this briefing for approval.

Fiscal Impact There is no fiscal impact to Dallas County.

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

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

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of 20)09 Part A grant. The FY 2012 Ryan White Part A Supplemental grant directly supports a regional andigent medical and mental healthcare network for those impacted by HIV I AIDS_

Commissioners Court Pagel

Recommendation

1 3

It is recommended that the Dallas County Commissioners Court approve the award ofFY 2012 Ryan White Part A Supplemental funds in the amount of$41,151 ,00, to service providers as presented in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County,

;7'/ RECOMMENDED BY: ~ fl""#',,,,· ""j,,,,,. ",,J,,-',,,->,,,' ""--______ _

/ l?;~ha~mpso .. , Director

Attachment c: DanyJ Martin, Court Administrator


11.11.11)012

1 4

FY 2012~2013 Ryan White Part A Supplemental Award

AGENCY .

AIDS Arms, Inc.

AIDS Intel'faith Network, Inc.

AIDS Services of Dallas

Health Servke~ GrNortll Texas, Inc.

"\:

Dallas County Hospitnl District d.b.a. Parkland

Health and Hospital System

Hom' H"lIh S",Ie"

Legacy Counseling Center

OP'~ Mm~. ~n'. d.h,n. Bryan's House

Resource Center of Dallas, Inc. d,h.a. AIDS Resource Center

~OR'

'RYAN WHITE PART A ....•.

'.. . .

AIIlS

, 5

5

TOTAL

, I

•• ",0 liS

H"m,1

I

R~,,5" Cm' . ChilO"" & ""'h

:1) I

5'

5 I

'''".",·OI'R

. S."",,,,,

143.1l

~

142.'

ATTACHMENT A

118.708

i 25.692

~

57.811

I] l4

18.24

19. J3

':~~~~ .~ ... 10.776

4I.iii

12.338

12.0;6

406.678

3.977.453 '

41.15i

4.018.604

4t.'51

141 IS!) .

406.iii

162.984

4.018.604

4.018.604

1 5 DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT





120EC26 AM 4: 15

SUBJECT: FY 2012 RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 PART A-MINORITY AIDS INITIATIVE CONTRACT AMENDMENTS

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HIV/AIDS Treatment Extension Act of 2009 (TEA) Part A-Minority AIDS Initiative (MAl) grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCI-II-IS is responsible for completing the grant application, managing the subrecipient award process, tracking the expenditure of funds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (R WPC). The R WPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and determining allocation of funds by service category.

Contracts in the amount of $21 ,873.00 are being submitted uuder this briefing for approval.


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


Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. DCHHS is me designated Administrative Agency for the Ryan White Treatment Extension Act 0[2009 Part A-Minority AIDS Initiative (MAr) grant. The FY 2012 Ryan White Part A-Minority AIDS Initiative grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV / AIDS.

Commissioners Court Page 2

Recommendation

1 6

It is recommended that the Dallas County Commissioners Court approve the award ofFY 2012 Ryan White Part A - Minority AIDS Initiative funds in the amount of$2l,873 .00, to service providers as outlined in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.

~ / '7 RECOMMENDED BY; ~J~~ __ ",;,r""l'=" "'.s.!.!"'-'='---:::-:-____ _

/ ,iZacha hompson, Director

Attachment c: Darryl Martin, Court Administrator


1 7

ATTACHMENT A

FY 2012 - 2013 MINORITY AIDS INITIA TlVE (MAl) AWARD

AIDS ARMS

U".LL,,,"' COUNTY HOSPITAL DISTRICT d.b.a. Health and

12/2 lI20 1.2

SERVICE CATEGORY

I.

C-\Users\yflemtllings\AppData\L()"~\.\1icros()ftlWindow~\Temporary Internet FilesIContent.Out]ookIGKJIIK807\FY 2012 MAl Au A 122112

DALLAS COUNTY n" i I ,\" ,AOll',T Y HEALTH AND HUMAN SERVIwt-$;i;:-s::J,jOJiS'COURT GRANTS MANAGEMENT



120EC26 11M 4: 15


DATE: JANUAR 8, 2013

SUB.JECT: FY 2012 RYAN WHITE HIV / AIDS TREATMENT EXTENSION ACT OF 2009 PART A FORMULA CONTRACT AMENDMENTS

Backgrouud of Issue The Dallas County Judge is the grantee and legal recipient of the Ryan White HIV/AIDS Treatment Extension Act of2009 (TEA) Part A Fonnufa grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DeI-illS is responsible for completing the grant application, managing the sub-recipient award process, tracking the expenditure of funds by service providers throughout the contract period, and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and determining allocation offunds by service category.

Contracts and budgets in the amount of$25,074.00 are submitted with this briefing for approval.


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


Strategic Plan Compliance Recommendations included in this briefioog are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy cownmunity. The DCHHS is the designated Administrative Agency for the Ryan White Treatment E~tension Act of 2009 Part A grant. The FY 20li2 Ryan White Part A Formnla grant directly sUPlPorts a regional indigent medical and mental he-althcare network for those impacted by HIV / AIDS.

Commissioners Court Page 2

Recommendation

1 ~

It is recommended that the Dallas County Commissioners Court approve the award ofFY 2012 Ryan White Part A Formula grant funds in the amount of $25,074.00, to service providers as reflected in Attaclmlent A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.

RECOMMENDED BY: ~h-,,-;:af..:;.:tt:=r-J,=..:i S:=,,=,-,=-. ___ _ / Zacli1ary Thfiltitpson, Director



FY 20I2-20I3 Ryan White Part A Formula Award

'.

AIDS Arms, Inc.

AIDS Interfaith Network, Inc.

AIDS Services of Dallas

Health Services of North Texas, Inc.

Dallas County Hospital District d.b.a. Parkland

Health and Hospital System

i"

D,II" 1

Dental Health Programs, Inc.

Home Health Services

Legacy Counseling Center

. OP'~ A,m," !"" d.b.a. Bryan's House

Resource Center of Dallas, Inc. d.h.!l. AIDS Resource Center

TOTAl

AIDS I

AIDS h

L.U

, 1

r i

"

" I

\.ssistallce

'L

'I

"""II

.! ! l

I ,

AA -- N",I,.

OM·

I

,

221.0,"

l2i.45,

,,91 I

469.245

,;,,,,;,,,,;,,~

~ 48,'

i6i.'

i" 52,. <3

I4j,. J2 I

132:505 ,

1,S98~

,

I9

6(,

ATTACHMENT A

46.585

ii,'47

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21

DALLAS COUNTY " [)!\LU,S COUNTY r;mll"~i iJIS COURT

DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION 12 DEC 26 A~l 4: 15

ZACHARY THOMPSON, M.A. Director



DATE: JANUARY 8,2013

SUBJECT: RATIONALE FOR SAME DATE BRIEFING AND COURT ORDER

Dallas County Health and Human Services has received the "Share the Warmth" Agreement from Atmos Energy Corporation. In order to immediately begin service delivery as described in the Agreement, it is requested that both the briefing and court order of this subject be presented during the January 8, 2013 Court.

Attachments C: Darryl Martin, Court Administrator

2377 Stemmons Freeway Suite600- LB 12

Dallas, Texas 75207-2710 Office (214) 819-2101 FAX (214) 819-6022

22

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

TO:

FROM:

DATE:


COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

JANUARY 8, 2013

SUBJECT: ATMOS ENERGY "SHARE THE WARMTH" AGREEMENT Court Order on Formal Agenda

BACKGROUND On November 4, 2008, per Court Order No. 2008 2112, the Commissioners Court approved an agreement with Atmos Energy Corporation for the provision of assistance with energy costs for financially distressed Atmos Energy customers. Atmos Energy has notified Dallas County Health and Human Services of an agreement under the "Share the Warmth" Program which is a supplement to government and community aid programs designed to assist persons to meet energy related costs which are essential to their health and welfare. The "Share the Warmth" Program Agreement has a term of January 8,2013 through January 8, 2014.

OPERATIONAL IMPACT There is no impact on operations.

FINANCIAL IMPACT There is no financial impact to Dallas County.

LEGAL IMPACT The Commissioners Court must approve the Atmos Energy "Share the Warmth"Program Agreement and the County Judge must sign the Agreement.

IMPACT ON DALLS COUNTY STRATEGIC PLAN The Atmos Energy "Share the Warmth" Program is in compliance with Vision 2: Dallas County is a Healthy Community; Strategy 2.1, Provide exceptional disease prevention, health promotion and Human Service programs to the citizens of Dallas County, as contained in the Dallas County Strategic Plan.

RECOMMENDATION It is recommended that the Dallas County Commissioners Court approve the Atmos Energy "Share the Warmth" Program Agreement for the provision of assistance with payment of energy costs for financially distressed Atmos Energy customers, for a term effective January 8,2013 through January 8, 2014, and authorize the County Judge to sign the Agreement and any related documents on behalf of Dallas County.

..-""";1' // <"/

RECOMMENDED BY: ~~ /AW:-¢2'-" 0",,""'="'-' _____ _ ~ .~ Q "'.

~I,'!chary Tfiompstn, Director Attachment c: Darryl Martin, Court Administrator


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

23

A •• energy. SHARE THE WARMTH AGREEMENT

This Share the Warmth Agreement ("Agreement") is made and entered into as of the 8 day of January 2013, ("Effective Date") by and between Atmos Energy Corporation, a Texas and Virginia corporation ("Atmos Energy") and Dallas County Department of Health and Human Services ("Agency").

BACKGROUND:

Atmos Energy and Agency recognize the need for providing charitable assistance to persons in financial distress to meet energy related costs essential to their health and welfare.

Atmos Energy has developed the Share the Warmth Program ("Share the Warmth") as a supplement to government and community aid programs designed to assist persons in financial distress pay their natural gas bill from Atmos Energy.

Agency is organized, inter alia, to provide charitable assistance to persons in financial distress, and Agency recognizes that Share the Warmth is a program for providing charitable assistance to individuals.

Atmos Energy will act merely as a conduit for contributions made by others so that Agency and such other nonprofit charitable organizations can use and apply such contributions for the charitable purposes of the Share the Wannth Program in meeting the needs of the poor, disabled, sick and disadvantaged for gas service.

AGREEMENT:

In consideration of the mutual covenants hereinafter set forth, Atmos Energy and Agency hereby agree as follows:

1. Share tbe Warmth

Agency acknowledges that Atmos Energy has established Share the Warmth and that said program is funded by voluntary contributions from Atmos, its customers, employees and third parties. Agency further acknowledges that the policies and procedures governing the collection and the disbursement of the funds contributed to Share the Warmth (the "Share the Warmth Fuuds ") shall be established and may be modified by Atmos Energy from time to time, provided that Share the Warmth Funds shall always be disbursed to one or more Agencies, and shall never be retained by Atmos for any other purpose.

2. Funds

Page 1 Version 3 (2-10-10)

24

Any Share the Warmth Funds obtained by Atmos Energy are deemed to be collected on behalf of one or more Agencies for the purposed described above. Atmos Energy will act merely as a conduit for contributions made by others so that Agency and such other nonprofit charitable organizations can use and apply such contributions for the charitable purposes of the Share the Warmth Program.

3. Fund Guidelines

The Agency shall have the sale right to determine who receives the Share the Warmth Funds (such person being a "Beneficiary") subject, however, to the following conditions and restrictions:

3.1 Although a Beneficiary does not have to meet federal poverty income guidelines in order to be eligible to receive Share the Warmth Funds, such Beneficiary shall be a person experiencing financial hardship. In no event shall the Share the Warmth Funds be used for the personal gain of any employee, officer, or director of Agency, or any family members of the same.

3.2 A Beneficiary must be the named person or full-time resident on the gas account for which assistance is being requested.

3.3 Share the Wannth Funds may only be used to pay Atmos Energy natural gas bills, which may include, without limitation, customary monthly charges, past due amounts, late fees, and service charges.

3.4 A Beneficiary will not be entitled to receive Share the Warmth Funds unless the Beneficiary has executed an information release form granting Atmos Energy the right to share Beneficiary's payment history, account balance and other infonnation with Agency and other parties. The release described above will be in the fonn attached hereto as Exhibit "A" and all original executed copies shall be kept on file at the offices of Agency.

3.5 All information received by Agency from Atmos Energy with respect to a Beneficiary (including, without limitation, payment history, account balance, address and personal information) shall be treated as confidential information and shall not be disclosed to any third party, other than as may be required by law.

4. Share the Warmth Report

4.1 Atmos Energy has developed a Web-based program to allow Agency and other charitable programs to pledge Share the Warmth Funds and other state and federal funds to a particular Beneficiary's account. The address of such website is: http://www.atmosenergy.coml. Agency shall use the Web-based program to pledge and thereafter remit funds to Atmos Energy in accordance with the rules established from time to time by Atmos Energy with respect to such program.

4.2 In the event Atmos Energy ceases to use the Web-based program for any reason, Agency agrees to complete a Share the Warmth Report in the form and content provided by Atmos (the "Share the Warmth Report") for each month during the term of this Agreement.


The Share the Warmth Report shall be sent to Atmos Energy no later than the tenth (10th) day of the month following the month for which the report was prepared. Atmos may from time to time amend the form, content and infonnation requested in the Share the Warmth Report by providing thirty (30) day advance written notice to Agency. The monthly report is not required dnring periods when Agency does not have Share the Warmth Fnnds available to disbnrse to Beneficiaries.

5. Share the Warmth File

Agency will maintain a file and record of each and every transfer of Share the Warmth Fnnds. Such file shall contain, without limitation, the following:

5.1 A copy of all checks evidencing monies received from Atmos Energy or third parties or in conjnnction with Share the Warrnth; and

5.2 A copy of each completed Share the Warmth Report or a record of the amounts pledged on the Web-based program, as applicable.

6. Right to Audit

Atmos Energy and its designated agents, representatives, accountants and attorneys shall have full access, at all reasonable times, to the properties, books and records of Agency for examination of Agency's administration of Share the Warmth Funds and compliance with Section 7 below; provided however, this Section shall not be interpreted as granting Atmos Energy the right to control how Agency determines which Beneficiaries will be entitled to receive Share the Wannth Funds or how Agency governs its day to day business.

7. Compliance with Codes

Agency represents and warrants that either:

7.1 It is a state, county, or municipal agency whose primary function is to provide energy assistance to low income individuals (for example, Comprehensive Energy Aid Programs or CEAPs); or

7.2 it is and shall continue to be during the term of this Agreement an organization described in Section 501(c)(3) of the Internal Revenue Code and it Regulations as they now exist or as they may be amended from time to time (the "Code"), is exempt from federal income taxes under Section 501(a) of the Code, anrl contributions to Agency are deductible from federal income taxes of the donor, within limits and guidelines of Section 170 of the Code. Agency covenants and agrees that it will take no action or omit to perform any act that will prejudice its status under said provisions of the Code.

Agency will immediately notify Atmos Energy if at an.y time during the term of this Agreement any of the representations made in this Section cease to be true.

8. Non-exclusive Agreement


26

Agency acknowledges that Atmos Energy may enter into one or more agreements with other charitable organizations, including charitable organization located within Agency's service area, pursuant to which such organization will be eligible to participate in Share the Warmth.

9. Term and Termination

The term of this Agreement is for one year beginning on the Effective Date and ending one year thereafter. This Agreement shall automatically renew for successive one year periods. Either Agency or Atmos Energy may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party.

10. Miscellaneous

10.1 Governing Law. This Agreement will be governed by the laws of the State of Texas without regard to conflicts oflaws principles.

10.2 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by either party in exercising any right, power or privilege under this Agreement will operate as a waiver of such right, power or privilege. No single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent pefIllitted by applicable law, (a) no claim or right arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

10.3 Binding Effect; Delegation of Duties Prohibited. This Agreement inures to the benefit of, and is binding upon, the parties hereto and their respective successors, assigns, heirs and legal representatives, including any entity with which the Atmos Energy may merge or consolidate or to which all or substantially all of its assets may be transferred. The duties and covenants of the Agency under this Agreement, being personal, may not be delegated.

10.4 Notices. Whenever it is provided in this Agreement that any notice, demand, request, consent, approval, declaration (])f other communication be given to or served upon any of the parties by another, such notice, demand, request, consent, approval, declaration or other communication will be in writing and will be deemed to have been duly given (i) when received if personally delivered, (ii) when transmitted if transmitted by telecopy (except that telecopies transmitted after 5:00 p.m. in the recipi.ent's time zone will be deemed delivered the next business day), electronic or digital transmission method, (iii) the business day after it is sent, if sent for next business day delivery to a domestic address by a nationally recognized overnight delivery service (i.e. Federal Express) and (iv) bee business days after it is sent, if sent by certified or registered mail, return receipt requested. In each case notice will be sent to:


If to Atmos Energy:

Ifto Agency:

L (

Atmos Energy Corporation Attn: Share the Warmth Program P.O. Box 650205 Dallas, TX 75265-0205

Zachary Thompson, Director Dallas County Health and Human Services 2377 N. Stemmons Freeway, Suite 600 Dallas, TX 75207-2710

or at such other address as the intended recipient will from time to time designate by written notice delivered in accordance herewith.

10.5 Entire Agreement; Amendments. This Agreement contains the entire agreement between the parties with respect to subject matter hereof and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended orally, but only by an agreement in writing signed by each of the parties hereto.

10.6 Section Headings and Construction. The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation. All references to "Section" refer to the corresponding Section of this Agreement unless otherwise specified. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the word "including" does not limit the preceding words or terms.

10.7 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

10.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.


28

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date above first written above.

ATMOS ENERGY CORPORATION a Texas and Virginia corporation

Susan Harris Energy Assistance Program Manager

Page 6

DALLAS COUNTY, TEXAS a political subdivision of the State of Texas

~-=----:--::--:-:---- .. --Clay Lewis Jenkins Dallas County Judge

RECOMMENDED BY:

Zachary Thompson, Director Dallas County Health & Human Services Department

Version 3 (2-10-10)

29

DALLAS COUNTY r,,! ,'s "rUJNJY DEPARTMENT OF HEAL TH ~~,~1Yt>}jlg\Wtli~]f:S ADMINISTRA TION

TO:


COMMISSIONERS COURT

12 DEC 26 A~l 4: 15



SUBJECT: REQUEST FOR ADDITIONAL MOSQUITO TECHNICIAN

BACKGROUND As part of vector control program within the Environmental Health Division, Dallas County Health and Human Services performs insecticide spraying to abate mosquito populations in order to prevent the possible outbreak of West Nile Virus, St. Louis Encephalitis, Dengue or other mosquito-borne diseases, Currently the division utilizes three (3) Maintenance Support (Grade 00) part-time technicians, to assist in surveillance, investigation, adulticidejlarvicide spraying, sample collection, and associated control activities.

OPERATIONAL IMPACT Based on the need to effectively perform vector control activities, DCHHS is requesting an additional part-time mosquito technician, The attached job description provides details of duties and responsibilities of the position,

FINANCIAL IMPACT The cost for the additional Maintenance Support part-time technician totals $9,040.00, which includes wagesata rate of $1130jhour for approximately 800 hours, Additionall funding for the position is required under the Environmental Health budget (Dept. 5211, Account 01060),

LEGAL IMPACT There is no legal impact from the requested staff

IMPACT ON DALLS COUNTY STRATEGIC PLAN Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community, by providing disease prevention and health promotion and human services programs to County residents.

RECOMMENDATION It is recommended that Dallas County Commissioners Court applrovethe requested (1) Maintenance Support parttime mosquito technician position for the Environmental Health Division of Dallas County Health and Human Services, and authorize the Office of Budget and Evaluation to appropriate additional funding into the Environmental Health budget (Dept, 5211, Account 01060) to fund this position,

RECOMMENDED BY:


Virginia Porter, County Auditor Ryan Brown, Budget Officer

2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100. Fax (214) 819-6(])22 • dallascountyorg

30

DALLAS COUNTY JOB DESCRIPTION

Job Title: Service Maintenance .Job Code: 1180800 Job Grade: Support/Mosquito Technician (Seasonal)

Reports To: Program Manager andlor Pas. No: 7753 FLSA Code: N EntomologistIV ector Control Supervisor

Department: Health and Human Services Loc.. Code: 2644004 SIC Code: WCCode:

Division: Environmental Health CSCode: C EEO Code:

Summary of Functions: Under the general supervision of Program Manager and EntomologistNector Control Supervisor, to detect, prevent, and control outbreaks of diseases associated with mosquitoes and other arthropods. Detection, prevention, and control will be conducted through surveillance, mosquito collection; adulticiding (spraying for adults), larviciding (treating stagnant water), public relations and on-site consultations and investigations.

Management Scope: None.

% of Essential Dnties and Responsibilities: Time Non-essential

l. Assists with surveillance. 20 E

2. Respond to public inquiries andlor complaints/on-site investigations 15 E

3. Adnlticide (spraying for adult mosqnitoes). 10 E

4. Larvicide (treating stagnant water). 15 E

5. Bleed sentinel flocks (chickens). 10 E

6. Maintain upkeep of County vehicle and other eqnipment. 05 E

7. Collect live adult mosqnitoes. 15 E

8. Ship live mosquitoes to State lab in Austin, Texas. 05 E

9. Assist with other assigned tasks. 05 N

* The Code depends on the Department where the position is located ondlor fonded in accordance with 86-1 ,<f Dallas County Code.

~,2;iiL~er::;\ YilYlnming:.;V.;J;lQ.[)Jit§..lLQ0Ellb1i£Losofi\ WiKJ.~!.9WS \ T el1l.Dorac~jl1;;enKt F iks\C;Pll~)llQ1lilook \G KUlJ5,!J.Q7\!\4gsou iiil. TeGLLJ)Jldills:d .do;::9-;-1....KJ± B0SB.:B:Qt·fr~}~..sil:~"tg,.q(i-M:!itJ1Qtl:B.9£:-:tjf:.9.~~-·-ftd.l-::£.<&,-'ti·fJ"1-8\jlJ<Q.§f..J:l;l:ft&...1<;-c...fr-i.--.k'.w:t·flt-e4:(W~De·%lOit'C~iBR;5I.MBaili-·fW..e:+lt1foofhSHvtoos'lH!-hS----!\{l t-t.ssili~mG-P'l-i3f*J~·'84-··-F~SBffil.'Bf~Hf.!e8.lJ.A-("'"*tH..j·te-:f"Hf7...l--4JpB{,,):c-ct"t1Be

31

Minimum Qualifications:

Education, Experience and Training: Graduated from an accredited high school or GED program. No experience required. Prefer science/outdoor and/or public relations background. Must be mature with good oral and written communication skills. Must have good driving record with current Texas drivers license.

Special Requirements/Knowledge, Skills & Abilities:

Physical/Environmental Requirements: Must be able to lift 35-50 lbs., and walk rough terrains (side of County roads, etc.)

Hay Points/Point Factor:

Supervisor Signature Date ----------------

Reviewed by Human Resources/Civil Service on Date ----------------

Approved by Civil Service Commission on Date ----------------

This job description shows typical requirements of a position within this classification. This description is not intended to be all-inclusive. Individual positions may vary slightly in functions, job dimensions and requirements. Any percentage of time included on each function is only an estimate and may change depending nn the specific departmental tasks. Candidates whose disabilities make them unable to meet these requirements will still be considered fully qualified if they can perform the Essential Functions of the job with reasonable accommodation.

c: \ U serB \ vflcmm in % \!\l2ll1.l?-.l;£\ \Local\Ivl iGros.Q[tlWilHiowsY'fempofafv Internet F i Jes \ConteDLQutlOQ!c\(i Kl-I (KSD 7\l'0.9J"!'1!liH") , [yg!LL U Qdat(<.d. dosi~~Bjz £ili.~S&ffl.tmH&\geatt::il:B:&Hfu'fftgr:l::th,,"fv-i-eeY\HH-&-::l.dJ-P<+"~-iBB.-M4f.;;:;:B-tffi"rr,.'5§:-11+ml.JfJtl-<*'Jiii:;fte*~-e:;",mfH-i+,;rm\I4e-aHHlnEl+ltmwl'l"'00P1-wes-l}flI-S--AV, .p"B~,1{j.e0S--Pi'0!3B-S-eE!--ne-&;iB'l:ffiG"fl$i:O·d\l\4Els~ite·::i=BElh"+~fiare4:-f:!EW

December 27,2012

To: Dallas County Commissioners Court Ryan Brown, Budget Director

32

From: John F. Warren, County Clerk & Gary Fitzsimmons, District Clerk

Subject: Odyssey-Civil Automation Phase Two: Civil County & District Courts

Background oflssue

On October 9, 2012, the county and district clerk briefed the Court on their Odyssey Document Management System (DMS) implementation and OnBase data conversion. Included in that court briefing was the purchase of HP TouchSmart computers to be utilized by the judiciary for view accessing and viewing electronic documents related to their trials and hearing.

This brings us to Phase II and final phase of the civil automation project. So that both county and district clerk staff will have the ability to redact, bar code and make minor edits and enhancements (clean up) to documents, it is necessary that we acquire the Lead Tools function for Odyssey Case Management System. Session Works Judges Edition: The overall functionality of the Odyssey document management system includes the implementation of "Session Works" which allows the judge to view multiple documents simultaneously, bookmark and make notes for and during trials and hearings. This creates additional efficiencies in the paper-on-demand court environment by giving the judges the ability to create and edit judicial orders on the fly for submission to the litigants and ultimately back to the clerk's office for processing; all without the need to print the orders.

Impact on Operation/Financial

The implementation of both Lead Tools and Session Works will further enhance the efficiencies of business processes for both the clerks and the members of our judiciary. The cost for the Lead Tools license (119 for district clerk staff and 61 for county clerk staff) a total of 120 licenses at $96.00 per license for a total cost $17,300.00. The cost per license for "Session Work" is $4,300.00 (which includes installation and training). The total cost for 34 licenses is $146,200.00. The funding source for both Lead Tools and "Session Works" will be the Records management Fund for both the county and district cleric See (Attachment A) for details and breakdown of distribution.

Legal Impact

None.

Strategic Plan Complianee

The implementation of the County Clerk's oHice imaging project is consistent with Dallas County Strategic Plan: Vision 1.4 Dallas County provides mission critical programs and services to its stakeholders by implementing standards of operations, innovation and technology. The net result of this project is that it will allow the County Clerk's office to be more efficient with regards to Records Management and safekeeping.

33

Recommendation

The County and District Clerk recommend approval of the Odyssey-Civil Automation Phase Two: Civil County & District Courts, Lead Tools and "Session Works" licenses.

Recommended by:

~ C~ ,,;;-------John arren, Dallas County Clerk

2

Hon. Gary Dfgl,.Hy ,~""" byHGn. GaT)' F""I",moo! O~, ,""H~"_ GoT)' fltzllmmo",. o_D'II" (O""'y, p"=D"",,,, Clerk, F itzsi m m OJl 5 ~;1_9fi<z"mmo"'@<l'II"<Q'""Y,OP9, Da",10tl,12.27'sm'54_W"O"

Gary Fitzsimmons, District Clerk

34

ATTACHMENT A

Odyssey-Civil Automation Phase Two: Civil County & District Courts -

Lead Tools Licenses:

District Clerk: 119 Licenses - $1 1,450.00 Rec. Preservation Fund (RFP) - (94083)

County Clerk: 61 Licenses - $4,900.00 Rec. Preservation Fund (RPF) - (94083)

Session Works Judges Edition:

District Clerk Civil District Courts 13 Family Courts ~

Total 20 (20 x $4,300) = $86,000 District Clerk RPF - (94083)

County Clerk County Courts at Law 5 Probate Courts 4 Truancy Courts 2.

Total 14 (14 x $4,300) = $60,200 County Clerk RMF - (94083)

3

35

December 28, 2012

To: Darryl Martin, County Administrator, and Dallas County Commissioners Court Ryan Brown, Budget Director

From: John F. Warren, County Clerk

Subject: OnBase Mobile Client

Background oflssue

In September 2012, the county clerk completed the conversion to digital or paperless of the thirteen (13) county criminal courts. All of the court records are currently being accessed by both the clerks' staff and the judiciary through OnBase, the document management system for the criminal courts. We are currently in the process of implementing "work flow" as part of the business proces§es for the judiciary to create judicial notes, draft court orders in a digital environment. This will add additional efficiencies to the business processes for both the county clerk's staff, the jUdiciary and court staff.

As part of the improved digital business processes, allowing the judiciary to be able to access "Work Flow" without the need to physically be on the bench, the county clerk plans to implement added efficiencies by using the OnBase Mobile Client to allow the judges to access both "Work Flow" and court documents via any mobile devises including smart phones.

Impact on Operation/Financial

The use of "OnBase Mobile Client" requires a user license and cost $5000.00 (Enterprise Licenses), annual maintenance of $1,000.00 and the deployment of two (2) servers (OnBase Mobile Application Broker and Applications Server), $2,500.00. The total cost for the enterprise license, annual maintenance and servers is estimated to be $8,500.00 and will be funded through the county clerk's Records Management Fund.

Legal Impact

None.

Strategic Plan Compliance

The implementation of the County Clerk's office imaging project is consistent with Dallas County Strategic Plan: Vision 1.4 Dallas County provides mission critical programs and services to its stakeholders by implementing standards of operations, innovation and technology. The net result of this project is that it will allow the County Clerk's office to be more efficient with regards to Records Management and safekeeping.

36

Recommendation

The County Clerk recommends approval of the funding for the purchase of OnBase Mobile Client for county criminal courts as part oflhe OnBase Document Management System (DMS) implementation.

Recommended by:

J~e, Da~as County Clerk

2

37

DALLAS COUNTY HUMAN RESOURCES/CIVIL SERVICE

Date: December 19, 2012

To: Commissioners Court

From: Mattye Mauldin-Taylor, Ph.D., Director

Subject: 2013 Cafeteria Plan (Flexible Benefits Plan)

Background The Public Employees Benefits Cooperative approved revisions to the Cafeteria Plan (Flexible Benefits Plan) during its recent board meeting to be effective January 1, 2013 (for the 2013 Plan Year). The attached 2013 Cafeteria Plan (Flexible Benefits Document) as amended in 2012 includes revisions as outlined below:

• The 2013 Grace Period is removed. This means that funds remaining in a health care spending account (FLEX account) in 2013 cannot be used to reimburse claims incurred January 1, 2014 through March 15, 2014. This was approved by the PEBC Board of Governors May 24,2012.

• The annual maximum health care spending account employee election is revised to $2,499.90. Under PPACA (health care reform) the annual election cannot exceed $2,500. Your document shows the actual amount of $2,499.90.

Operational Impact There is no anticipated operational impact.

Financial Impact There is no anticipated additional financial impact.

Strategic Plan Compliance This exemption supports Vision 1, Strategy 1.3: Dallas County provides sound, financially responsible, and accountable governance.

Legal Review While TowerS-Perrin does not provide legal advice to our plans, they have confirmed that the document does not have any prohibited deferred compensation issues. Theresa Daniels and the Civil Section of the District Attorney's Office have reviewed as well.

Recommendation The Human Resources/Civil Service Department recommends Commissioners Court approve the Cafeteria Plan (Flexible Benefits Plan Document) as approved by the Public Employees Benefits Cooperative and amended in 2012 to include the revisions outlined above, effective for Plan Year 2013, and authorize the County Judge to sign the A e ton eh If o~l/as T-ty. /:::;:,p <---

r;:;tvI ( Recommended by: ~

Attachment

501 Main Street Records Building

Dallas, Texas Equal Opportunity Employer 214.653.7638

Dallas County

FLEXIBLE BENEFITS PLAN

AMENDED AND RESTATED EFFECTIVE: JANUARY 1, 2013

FLEXIBLE BENEFITS PLAN DOCUMENT (SECTION 125 PLAN, INCLUDING FLEXIBLE SPENDING ACCOUNTS)

39

FLEXIBLE BENEFITS PLAN DOCUMENT TABLE OF CONTENTS

ARTICLE 1

FOREWORD AND PURPOSE

ARTICLE 2

DEFINITIONS AND CONSTRUCTION 2.1 Definitions

(a) Change in Status (b) Code (e) Component Plan (d) Compeusation (e) Coverage Expenses (t) Dependent (g) Effective Date (h) Eligible Employee (i) Employer (j) Employer Contribution (k) Flexible Pay (1) FMLA Leave (m) Highly Compensated Employee (n) Highly Compensated Participant (0) Hire Date (P) Key Employee (q) Leave of Absence (r) Participant (s) Plan (t) Plan Administrator (u) Plan Year (v) Spouse (w) USERRA Leave

2.2 Construction

ARTICLE 3

PARTICIPATION AND ENROLLMENT 3.1 Participation

(a) Eligibility to Participate (b) Termination of Participation (c) Reinstatement of Former Participants (d) Participation Conditions

3.2 Enrollment (a) Enrollment Periods

i

1

1

1 1 1 1 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4

4 4 4 4 5 5 5 6

4U

3.3 Irrevocability of Elections (a) Change in Status Defined (b) Events Permitting Exception to Irrevocability Rnle Notification 3.4

3.5 Reduction of Certain Elections to Prevent Discrimination

ARTICLE 4

CONTRIBUTIONS 4.1 Non-Elective Contributions and Opt-Out Contributions 4.2 Elective Contributions

(a) Benefit (b) Flexible Pay Contributions (c) Election

4.3 Effect of Change in Status 4.4 FMLA Leave RuIes and Payment Options

(a) Pre-Pay Method (b) Pay-as-you-go Method (c) Catch-up Method

4.5 Non-FMLA Leaves of Absence

ARTICLE 5

HEALTH CARE SPENDING ACCOUNT COMPONENT 5.1 Health Care Speuding Account Component Plan 5.2 HCSA Elections 5.3 Eligible Medical Expenses 5.4 Expense Reimbursements 5.5 Debiting and Crediting of Accounts 5.6 Repayment of Excess Reimbursements 5.7 Qualified Reservist Distribution 5.8 Termination of HCSA Benefits 5.9 COBRA Coverage 5.10 HlPAA Exemption

ARTICLE 6

DEPENDENT CARE SPENDING ACCOUNT COMPONENT 6.1 Dependent Care Spending Acconnt Component Plan 6.2 DC SA Elections 6.3 Eligible Dependent Care Expenses 6.4 Expense Reimbnrsements 6.5 Debiting and Crediting of Accounts 6.6 Repayment of Excess Reimbursements 6.7 Termination of DCSA Benefits

ii

7 8 9 14 14

15 15 15 15 15 15 16 16 16 16 16 17

17 17 17 18 18 19 19 20 20 21 21

21 21 21 22 22 23 23 23

41

ARTICLE 7

ADMINISTRATION 7.1 Allocation of Responsibility for Plan Administration 7.2 Administration 7.3 Other Administrative Powers and Duties 7.4 Rules and Decisions 7.5 Forms and Requests for Information 7.6 Responsibility for Plan 7.7 Funding Policy

ARTICLE 8

CLAIMS PROCEDURES 8.1 Application to Plan Benefits 8.2 Procedure if Benefits are Denied Under the Plan 8.3 Requirement for Written Notice of Claim Denial 8.4 Right to Request Appeal 8.5 Disposition of Dispnted Claims

ARTICLE 9

CONTINUATION OF COVERAGE (COBRA)

ARTICLE 10

PRIVACY 10.1 Notice of Privacy Practices 10.2 PEBC Privacy Policy

ARTICLE 11

AMENDMENT OF THE PLAN

ARTICLE 12

TERMINATION OF THE PLAN

ARTICLE 13

MISCELLANEOUS 13.1 No Contract of Employment 13.2 No Guarantee of Non-Taxability 13.3 Nondiscrimination 13.4 Construction of Agreement 13.5 Headings 13.6 Severability

ill

24 24 24 24 25 25 26 26

26 26 26 26 27 27

27

33 33 37

39

39

40 40 40 40 40 40 41

13.7 13.8 13.9 13.10 13.11

ARTICLE 14

Non-Alienation of Benefits Effect of Mistake Plan Provisions Controlling Incorporation by Reference Code Compliance

SIGNATURE

EXIDBITA

COMPONENT PLANS

4L.

iv

41 41 41 41 41

42

A-I

43

ARTICLE!

FOREWORD AND PURPOSE

Dallas County hereby amends and restates the Dallas County Flexible Benefits Plan (the "Plan") effective Jannary 1, 2013. This Plan was originally established effective January 1, 1988. This Plan is desigued to permit eligible Participants to pay for coverage for themselves and their eligible Dependents under various Component Plans as shown on Exhibit A on a pre-tax salary reduction basis. Unless otherwise prohibited by law, all salary reductions will be on a pre-tax basis.

This Plan is intended to qualify as a "Cafeteria Plan" under Section 125 of the Internal Revenue Code of 1986 ("the Code"), as amended, and applicable regulations, and shall be interpreted to accomplish that objective.

The Health Care Spending Account ("HCSA") Component of this Plan is intended to qualify as a self-insured medical reimbursement plan under Code Section 105, and medical expenses reimbursed thereunder are intended to be eligible for exclusion from participating Eligible Employees' gross income under Code Section 105(b). The Dependent Care Spending Account ("DCSA") Component of this Plan is intended to qualify as a dependent care assistance plan under Code Section 129, and the dependent care expenses reimbursed thereunder are intended to be eligible for exclusion from participating Eligible Employees' gross income under Code Section 129(a).

Although reprinted within this document, the HCSA Component and DCSA Component are separate plans for purposes of administration, reporting and nondiscrimination requirements imposed by Sections 105 and 129.

ARTICLE 2

DEFINITIONS AND CONSTRUCTION

2.1 Definitions: Where the following capitalized words and phrases appear in this Plan they shall have the meaning set forth below, unless a different meaning is plainly required by the context:

(a) Change in Status: For purposes of this Plan, a Participant will incur a "Change in Status" when he or she experiences any of the events described in Section 3.3(a) of this Plan. See Sections 3.3 and 4.3 of this Plan for requirements that must be met for a Participant to change his or her election during the Plan Year on account of a Change in Status.

(b) Code: The Internal Revenue Code of 1986 as amended or as it may be amended from time to time, and regulations and rulings issued thereunder, as amended from time to time. Refcrences to a Code or "IRC" Section shall be deemed to be that Section as it now exists and reflecting any successor prOVISIOns.

(c) Component Plan: Anyone of the benefit plans adopted by the Employer and made available to employees through this Flexible Benefit Plan. All Component Plans shown on Exhibit A are thus incorporated into this Plan.

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44

(d) Compensation: For each Plan Year, a Participant's Compensation is defined as the actual compensation (including bonuses and overtime) accrued or paid by the Employer to the Participant for the period during which the Eligible Employee is a Participant in this Plan (without regard to any salary reduction under this Plan), but excluding reimbursed expenses, credits, or Employer-derived benefits under any plan of deferred compensation, and including amounts contributed to any Employer-sponsored 40 1 (k), 403(b) plan, or other Employersponsored retirement plan by the Participant.

(e) Coverage Expenses: The insurance premiums or other costs for the benefit coverage under this Plan or one of the Component Plans in Exhibit A which a Participant elects pursuant to Section 4.2. For each Plan Year, the Plan Administrator shall specify the premium or other cost for benefit coverage which is applicable to each of the Component Plans.

(f) Dependent: A lawful Spouse or child (including natural, adopted, and step-children) who has not attained age 27 as of the end of the Plan Year, and subject to further limitations provided by each Component Plan. The definition of a Dependent includes natural children up to age 26, children over age 26 who meet the dependency requirements of the Code, and unmarried grandchildren up to age 26 who meet the tax dependency requirements of the Code at the time of enrollment in the Plan, without regard to income limitations. For health-related benefits, including reimbursements under the HCSA Component Plan, the definition of a Dependent includes those who satisfy the requirements for tax-free health coverage under Code Section 106. While Dependents are not eligible to enroll as Participants in this Plan, this Plan may provide benefits to Dependents of Plan Participants.

For the HCSA and DC SA Component Plans, expense reimbursements may only be made for a Dependent described above who also qualifies as a tax dependent of the Participant for federal income tax purposes, without regard to income limitations. Article 6 of this document contains additional requirements for the definition of a Dependent that apply to the DCSA Component Plan.

(g) Effective Date: This Plan has been amended and restated effective JANUARY 1, 2013.

(h) Eligible Employee: Any full-time employee of the Employer who is actively employed and regularly scheduled to work at least 40 hours per week, and who has been employed by the Employer for 30 consecutive calendar days following the employee's Hire Date. Part-time employees are not eligible for this Plan unless your Employer specifically includes coverage for regularly employed part-time employees. See the Employment Policies of your Employer to determine if coverage is available for part -time employees and what conditions or restrictions may apply. If your Employer offers coverage to part-time employees, Eligible Employees include any part -time employee of the Employer who is actively employed and regularly scheduled to work at least 25 hours per week, and who has been employed by the Employer for 30 consecutive calendar days following the employee's Hire Date. Elected officials are eligible for this plan and are always considered actively at work as an employee. However, elected officials must complete the Enrollment Process within the required time frames.

The term "Eligible Employee" does not include temporary or leased ,employees or independent

2

45

contractors. In addition, any individuals deemed ineligible to participate under the Code and related regulations are not Eligible Employees under this Plan. The tenn "Eligible Employee" includes fonner employees for the limited purpose of allowing continued eligibility for benefits under the Plan for the remainder of the Plan Year in which an employee ceases to be employed by the Employer.

An Eligible Employee who elects to opt-out of this Plan or any underlying Component Plan is considered not enrolled in those plans.

(i) Employer: The Employer means Dallas County.

G) Employer Contribution: The Employer Contribution for each Plan Year shall be the sum of (1) and (2) below:

(I) Non-elective contributions: The amount, if any, that the Employer makes available for the benefit of Participants for the Plan Year pursuant to Section 4.1.

(2) Elective contributions: The amount of Flexible Pay applied to a Participant's Coverage Expenses pursuant to a salary reduction agreement under the Plan (Section 4.2). It is intended hereunder that such amounts shall, for tax purposes (including Section 125 of the Code), constitute Employer Contributions.

(k) Flexible Pay: The amount of Compensation that is applied on behalf of a Participant to pay his or her Coverage Expenses or that he or she may elect to receive as additional cash compensation, as described in Section 4.2. Flexible Pay may also be referred to as the amount of salary reduction which is applied to pay Coverage Expenses for Component Plans on a pre-tax basis.

(I) FMLA Leave: Any leave taken by an Eligible Employee under the Family and Medical Leave Act of 1993 ("FMLA"), as amended.

(m) Highly Compensated Employee: An employee as defined by Internal Revenue Code §414(q).

(n) Highly Compensated Participant: A Participant as defined by Internal Revenue Code §125(e).

(0) Hire Date: The date the employee actively begins working for the Employer on a regular, fulltime basis. If your Employer offers coverage to part-time employees, the Hire Date is the date the employee actively begins working for the Employer on a regular, part-time basis.

(P) Key Employee: An employee as defined by Internal Revenue Code § 416(i)(l).

(q) Leave of Absence: Any FMLA Leave or any other approved leave of absence taken by an Eligible Employee under the Employer's policy regarding paid or unpaid leaves of absence.

(r) Participant: Any Eligible Employee who has met the participation requirements of Section 3.1 and who has not, for any reason, become ineligible to participate in the Plan. An individual who becomes a Participant shall remain a Participant until all benefits due him or her under the

3

"+ 0

provisions of the Plan have been paid or have otherwise been satisfied. All Eligible Employees are deemed to be Participants, regardless of any individual Participant's decision to elect to receive all of his or her compensation in cash in lieu of electing benefits under Component Plans, unless the employee has elected to opt-out of this Plan.

(8) Plan: The Dallas County Flexible Benefits Plan as set forth in this document and as amended from time to time.

(t) Plan Administrator: The Plan Administrator is Dallas County or its successor or successors, which shall have authority to administer the Plan as provided in Article 7.

(u) Plan Year: The Plan Year means the 12-month period commencing on January I" and ending on December 31 st of the same year.

(v) Spouse: Your lawful spouse (you must have a valid certificate of marriage considered lawful in the State of Texas or a signed and filed legal Declaration of Informal Marriage considered lawful in the State of Texas) and who is treated as a spouse for tax purposes under the Internal Revenue Code.

(w) USERRA Leave: Any leave taken by an Eligible Employee under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), as amended.

2.2 Construction: As used in this Plan, the singular includes the plural, unless the context clearly indicates the contrary.

ARTICLE 3

PARTICIPATION AND ENROLLMENT

3.1 Participation:

(a) Eligibility to Participate: An individual is eligible to participate in this Plan if the individual satisfies the definition of an Eligible Employee in Section 2.1(h) above. Once an Eligible Employee has met the Plan's eligibility requirements, he or she may elect coverage under this Plan effective the first day of the next calendar month, or for any subsequent Plan Year, in accordance with the procedures described in Section 3.1 (d) below.

(b) Termination of Participation: A Participant may continue to participate in this Plan until the earlier of the following dates:

(1) The last day of the calendar month in which the Participant terminates employment by death, disability, layoff, expiration of an approved leave of absence or failure to retnrn to work following an approved leave of absence, retirement or other separation from service;

(2) The last day of the calendar month in which the Participant ceases to work for the

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47

Employer as an Eligible Employee;

(3) The last day of the calendar month in which the Participant revokes his or her election to participate on account of and consistent with Section 3.2 below; or

(4) The date this Plan terminates.

Nothing contained in this Section 3.I(b), however, shall preclude a former Participant from exercising his or her rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), if applicable. In addition, a Participant commencing FMLA Leave shall be allowed to continue to participate in the Plan with respect to any Component Plan which provides group health coverage, subject to Employer policies and subject to the terms of the underlying plans. The rights of a Participant who is commencing FMLA Leave, USERRA Leave, or other approved leave of absence to continue participation as to any Component Plan shall be determined by the Employer's policy for employees on a Leave of Absence and is subject to the terms of the underlying plans.

(e) Reinstatement of Former Participants: A fmmer Participant may become a Participant again if and when he or she meets the participation requirements of Section 3.I(a). A former Participant who temlinates coverage under any Component Plan pursuant to Section 3.3 shall be allowed to participate in this Plan again as permitted by regulations described in Section 3.3 and may enroll pursuant to a Change in Status as described in Section 3.2(a)(3).

Except as otherwise provided for in the applicable Component Plan, a former Participant who is rehired within 30 days or less of the date of a termination of employment will be reinstated with the same election that the individual had prior to the termination. A Participant's rehire date is defined as the date the Eligible Employee begins working for the Employer on a regular basis following the Participant's most recent termination of employment. If the rehire date of a former Participant is more than 30 days following the Participant's termination of employment date and the former Participant is otherwise eligible to participate in the Plan pursuant to Section 2.I(a) and applicable Component Plans, the individual must make a new election.

(d) Participation Conditions: As a condition of participation and receipt of benefits under this Plan, each Participant agrees to do all of the following:

(1) Complete the Enrollment Process, as determined by the Employer's policies, described in Section 3.2 below even if the Participant chooses not to select any benefits. Any enrollment materials must be received by the Employer's Human Resources Department within 14 days of the employee's Hire Date.

(2) Observe all Plan rules and regulations.

(3) Submit to the Plan Administrator all reports, bills, and other information that the Plan Administrator may reasonably require in order to administer the Plan.

3.2 Enrollment: An Eligible Employee (as defined in Section 2.1(h» who meets the participation 5

48

requirements in Section 3.1 may enroll (or re-enroll) in the Plan by completing the Enrollment Process as determined by the Employer during an enrollment period described in subsection (a) below. The Enrollment Process specifies the Eligible Employee's elections for the Plan Year for benefit coverage under the Component Plans for which he or she is eligible and confirms his or her agreement to use the necessary amount of Flexible Pay to pay for Coverage Expenses, if any. Any enrollment materials submitted by an Eligible Employee, whether in paper or electronic form, must meet any standards for completeness and accuracy that the Plan Administrator may establish. It is the employee's responsibility to ensure his or her completed enrollment materials are submitted to the Employer's Human Resources Department. Failure to follow the Employer's designated Enrollment Process will result in a default election in the Plan and in underlying Component Planes), subject to the Employer's policies, as described in Section 3.2(a)(I) below.

An Eligible Employee who elects to opt-out of this Plan or any underlying Component Plan IS

considered not enrolled in those plans.

A Participant's elections shall not be effective prior to the date the completed enrollment materials are submitted to the Employer's Human Resources Department, unless the election is submitted as a result of and consistent with a birth, adoption, or placement for adoption and provided completed enrollment materials are submitted within 31 days of the birth, adoption, or placement for adoption.

Any election submitted by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates:

(1) The last day of the calendar month in which the Participant terminates participation as permitted by the Plan; or

(2) The effective date (as determined by the Plan Administrator) of a subsequently filed election form submitted following the requirements of subsections (a)(2) and (3) below.

(a) Enrollment Periods:

(1) Initial Enrollment Period (When First Eligible): Each newly hired Eligible Employee of the Employer shall have an Initial Enrollment Period which begins on the first day of employment with the Employer (the Hire Date) and terminates 14 calendar days thereafter. For example, an employee who begins regular, full-time employment on January I has an Initial Enrollment Period beginning on January I and ending on January 15. If an Eligible Employee makes an election to participate during the Initial Enrollment Period, then the individual becomes a Participant on the first day of the month following 30 consecutive calendar days of employment as a regular active Eligible Employee.

If a newly hired Eligible Employee fails to follow the Employer's Enrollment Process, the Plan Administrator may make a default election for that employee following the Employer's policies. The default election will include automatic participation in this Plan and may include enrollment in a Component Plan subject to the Employer's policies. An employee's failure to complete the Enrollment Process will authorize the use of

6

Flexible Pay to pay for Coverage Expenses for the Component Planes) in which the employee has been enrolled as a default election.

A newly hired Eligible Employee who completes the Enrollment Process but does not elect to participate when first eligible may not enroll until the next Annual Enrollment Period unless he or she meets the requirements described under Section 3.3 below. In order to elect not to participate in the Plan, the employee must provide the Plan Administrator with certification, using Plan Administrator's Certification of Other Coverage Form, indicating that the Participant has obtained comparable coverage under another plan. The Plan Administrator reserves the right to disregard the Participant's certification of other coverage if the Plan Administrator has reason to believe that the Participant's certification is incorrect. The employee must provide proof of other coverage within thirty-one (31) days of other coverage effective date. Failure to provide proof of coverage will result in a default election into this Plan and Component Plane s) subject to the Employer's policies.

(2) Annual Enrollment Period: The Plan Administrator will designate an Annual Enrollment Period prior to tbe beginning of each Plan Year during which Eligible Employees can make elections for the upcoming Plan Year. An election is made by completing the Enrollment Process, as required by the Employer's policies, during the Annual Enrolhnent Period by the due date established by the Plan Administrator. This due date must be in advance of the beginning of the upcoming Plan Year. If an Eligible Employee makes an election to participate during an Annual Enrollment Period, then the individual becomes a Participant on the first day of the next Plan Year. Elections made during the Annual Enrollment Period will become effective on the first day of the applicable Plan Year and cannot be changed as described under Section 3.3 below.

If an Eligible Employee fails to file an election with respect to an upcoming Plan Year on a timely basis, the default election will be that the elections made by a Participant for the immediately preceding Plan Year will continue to apply. If applicable, the Flexible Pay deducted from a Participant's paycheck on a pre-tax basis may be changed to reflect the change in Coverage Expenses for the cost of Component Plans in which the Participant is enrolled for the Plan Year. The defaults for the Health Care Spending Account and Dependent Care Spending Account Component Plans will be $0.

(3) Change in Status: A Participant who incurs a Change in Status as described under Section 3.3 below shall have an enrollment period that begins on the date of the event and terminates 31 days thereafter. This enrollment period is extended to 60 days if the Change in Status consists of a gain or loss in eligibility for coverage under the Children's Health Insurance Plan (CHIP). Coverage is effective the first day of the month following notification to the Hunlan Resources Department, provided the Change in Status event OCCUlTed within 31 days of notification. In addition, a former Participant who returns from FMLA Leave, USERRA Leave, or other approved leave of absence (subject to the Employer's policies on a leave of absence and subject to the terms of the underlying Component Plans) shall be granted an enrollment period commencing on the date of such return. Other events that may trigger an opportunity to change a Participant's election

7

ov

mid-year are outlined in Section 3.3 below.

3.3 Irrevocability of Elections: Except as provided in Section 3 of this Plan, a Participant's election under this Plan is irrevocable for the duration of the Plan Year to which it relates. In other words, for the duration of the Plan Year, a Participant may not change his or her participation in this Plan, Component Plan elections or his or her Flexible Pay salary reduction amounts, unless an exception applies.

In addition, a Participant's right to elect or change benefit coverage may be limited to the extent that such rights are limited in a Component Plan (e.g., by PEBC medical or dental plan rules) or in rules adopted by the Plan Administrator.

The exceptions to the irrevocability requirement which would permit a mid-year election change in benefits and the Flexible Pay salary reduction amount elected are described below in Section 3.3(b).

(a) Change in Status Defined: A Participant may make a new election upon the occurrence of certain events as described in Section 3.3(b) below, including a Change in Status. "Change in Status" means any of the events described below as a Change in Family Status or a Change in Employment Status, as well as any other events included under subsequent changes to IRC Section 125 or applicable regulations, which the Plan Administrator, in its sole discretion and on a uniform and consistent basis, determines are permitted under IRS regulations:

(1) Change in Family Status: The following changes for a Participant, a Participant's Spouse or the Participant's Dependents:

• Legal Marital Status: A change in legal marital status, including marriage, divorce or annulment;

• Death of a Spouse or Dependent

• Number of Dependents: Events that change a Participant's number of Dependents (see the definition of a Dependent in Section 2.1(f)), including birth, adoption, and placement for adoption;

• Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or no longer meet the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, getting married, or any similar circumstance; and

• Change in Residence: A change in the primary place of residence of the Participant, the Participant's Spouse or the Participant's Dependent which directly results in an immediate loss of eligibility for coverage under a Component Plan for that individual (e.g., moving outside a plan's defined service area).

(2) Change in Employment Status: Any change in the employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects benefit eligibility under a cafeteria plan (including this Plan) or another employee benefit plan (including

8

51

the health insurance plans) of the employer of the Participant, the Spouse, or Dependents, such as: • termination or commencement of employment; • a strike or lockout; • start or retum from an unpaid leave of absence; • USERRA (military) Leave; • switching from a salaried to an hourly-paid position" or vice versa; • Reduction or increase in hours of employment, such as going from part-time to full

time employment; or • any other employment related change that makes the individual become eligible for or

lose eligibility for a particular employee benefit plan.

The act of retiring does not constitute a qualified change in status event allowing additional dependents to be added to the Plan.

(b) Events Permitting Exception to Irrevocability Rnle: A Participant may change an election as described below:

(1) Annual Enrollment Period: A P31ticipant may change an election during the Arumal Enrollment Period in accordance with Section 3.2(a)(2) of this Plan.

(2) Termination of Employment: A Participant's election will terminate under the Plan upon termination of employment in accordance with Section 3 .1 (b) of this Plan.

(3) FMLA: A Participant may change an election under the Plan upon FMLA leave III

accordance with Section 4.4 of this Plan.

(4) Change in Status: A Participant may change or terminate his or her actual or deemed election under the Plan upon the occurrence of a Change in F31llily Status or a Change in Employment Status as defined in Section 3.3(a), but only if the election change or termination is made on account of and corresponds with a Change in Statns that affects eligibility for coverage of a Participant, a Participant's Spouse, or a Participant's Dependent (this is referred to as the "general consistency requirement" under IRS guidelines). A Change in Status that affects eligibility for coverage under a plan sponsored by a Spouse's or Dependent's employer includes a Change in Status that results in an increase or decrease in the number of an Eligible Employee's family members who may benefit from the coverage. The act of retiring does not constitute a qualified change in status event allowing additional dependents to be added to the Plan.

The Component Plans listed in Appendix A may have additional requirements that mnst be met in order for a Participant to change an election during the year. Eligibility to enroll in Component Plans is subject to the limits and provisions in those Plans.

The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a Change in Status.

9

Assuming that the general consistency requirement is satisfied, a requested change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on the Change in Status:

(aJ Change in Family or Employment Status:

• Loss of Dependent Eligibility: For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse; the death of a Spouse or a Dependent; or a Dependent's ceasing to satisfy the eligibility requirements for coverage; a Participant may only elect to cancel coverage for the Spouse or Dependent involved. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. However, if the Participant or his or her Spouse or Dependent becomes eligible for COBRA (or for similar health plan continuation coverage under a state law) under the Employer's Plan, then the Participant may increase his or her election to pay for such coverage (this rule does not apply to a Participant's Spouse who becomes eligible for COBRA or similar coverage as a result of divorce).

• Gain afCoverage Eligibility Under Another Employer's Plan: For a Change in Status in which a Participant or his or her Spouse or Dependent gains eligibility for coverage under another employer's cafeteria plan or another employer's qualified benefit plan as a result of a change in marital status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual, but only if coverage for that individual becomes effective or is increased under the other employer's plan.. The Participant must provide the Plan Administrator with certification, using the Plan Administrator's Certification of Other Coverage Form, indicating that the Participant has obtained or will obtain coverage under the other plan. The Plan Administrator reserves the right to disregard the Participant's certification of other coverage if the Plan Administrator has reason to believe that the Participant's certification is incorrect. The Participant agrees to provide proof of other coverage within thirty-one (31) days of the effective date for the other coverage. Failure to provide proof within 31 days will result in the Participant's new election to be considered void, and the Participant's election will be restored to its status immediately prior to the requested change, subject to the terms ofllie underlying Plans.

• Special Consistency Rule for Dependent Care Spending Accounts: With respect to the Dependent Care Spending Account benefit, a Participant may change or terminate his or her election upon a Change in Status if (i) such change or telmination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under an Employer's plan; or (ii) the election change is on account of and corresponds with a Change in Status that affects eligibility of dependent care expenses for the tax exclusion available under Code Section 129. If the Participant requests a reduction in the Dependent Care Spending Account contribution due to a Change in Status, the reduced armual election may not be less than the amount already reimbursed through the Dependent Care Spending Account for that Plan Year.

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• Special Rule for Health Care Spending Accounts: A Participant may increase or reduce the amount of the Participant's Health Care Spending Account contribution during the Plan Year if the increase or reduction is consistent with a qualified Change of Status event. However, if the Participant requests a reduction in the Health Care Spending Account contribution, the reduced annual election may not he less than the anlOunt already reimbursed through the Health Care Spending Account for that Plan Year.

• Loss of Other Coverage: If a Participant or his or her Spouse or Dependent declined coverage under the group health plan because of outside medical coverage, and eligibility for the outside coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of the maximum COBRA period, then the Participant may revoke the prior election and make a new election pursuant to Section 3.2(a)(3) above, providing the new election is consistent with the event.

• Addition of a New Dependent: If a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption, then a Participant may make an election change pursuant to Section 3.2(a)(3) above providing the new election is consistent with the event. For purposes of this provision, (i) an election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child is considered to be consistent with the event; and (ii) a mid-year election change attributable to the birth or adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective on the date of the birth, adoption or placement for adoption provided the Dependent is added within 31 days of the event.

• Certain Judgments, Decrees and Orders: If a judgment, decree, or order (an "Order") resulting from a divorce, legal separation, annulment or change in legal custody (inclnding a qualified medical child support order) requires medical, dental or other benefits coverage for a child, a Participant may (i) change his or her election to provide coverage for the child (provided that the Order reqnires the Participant to provide coverage); or (ii) change his or her election to revoke coverage for the D child if the Order requires that another individnal (including the Participant's Spouse or former Spouse) provide coverage under that individual's plan. The change in.election will be subject to the tenns of the underlying Component Plans.

• Medicare and Medicaid: Subject to applicable State or Federal regulations, if a Participant or his or her Spouse or Dependent who is enrolled in a Component Plan becomes entitled to Medicare or Medicaid which is comparable to the Component Plan coverage (including hospital, medical and prescription drug coverage) and is other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines, the Participant may prospectively reduce or cancel the Component Plan coverage of the person

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04

becoming entitled to Medicare or Medicaid. Further, if a Participant or his or her Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, then the Participant may prospectively elect to commence or increase coverage under the Component Plans incorporated under this Plan.

(b) Change in Plan Costs or Coverage:

• Change in Component Plan Cost: The following rules are not applicable to the Health Care Spending Account Component of this Plan. In addition, the following rules apply to the Dependent Care Spending Account Component of this Plan only if the cost change is imposed by a dependent care provider who is not a relative of the employee.

(a) Automatic Increase or Decrease for Insignificant Cost Changes: If the Participant's share of the premium for a Component Plan increases or decreases during a Plan Year by an insignificant amount, then the Flexible Pay salary reductions under each affected Participant's election shall be prospectively increased or decreased to reflect such change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this prospective increase or decrease in the affected Participants' elective contributions in accordance with such cost changes. The Plan Administrator (in its sale discretion) will decide, in accordance with prevailing IRS guidance, whether increases or decreases in costs are "insignificant" based upon all the surrounding facts and circumstsnces (including, but not limited to, the dollar amount or percentage of the cost change).

(b) Significant Cost Increases: If the Participant's share of the premium for a Component Plan significantly increases during a Plan Year, then the Participant may either (i) make a corresponding prospective increase in Flexible Pay elective contributions; (ii) revoke his or her election for that coverage and receive coverage under another Plan option that provides similar coverage, including similar plans offered by another employer; or (iii) drop coverage prospectively if there is no other similar plan option available. The Plan Administrator in its sole discretion, and on a uniform and consistent basis, will decide, in accordance with prevailing IRS guidance, whether a cost increase is significant and what constitutes "similar coverage" based upon all surrounding facts and circumstances. Health Care Spending Account coverage is not considered "similar coverage" with respect to a health plan that is not a health care flexible spending account.

(c) Significant Cost Decreases: If the Plan Administrator determines that the cost of any Component Plan significantly decreases during a Plan Year, then the Plan Administrator may permit Participants enrolled in other benefit plans to prospectively enroll in the Component Plan that is decreasing in cost. The Plan Administrator in its sole discretion, and on a unifonn and

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consistent basis, will decide, in accordance with prevailing IRS guidance, whether a cost decrease is significant.

• Change in Coverage: The following rules are not applicable to the Health Care Spending Account Component of this Plan.

(a) Significant Curtailment or Loss a/Coverage: If the Plan Administrator determines that coverage under a Component Plan is significantly cnrtailed or ceases during a Plan Year, the Participant may revoke his or her election under the Plan and prospectively elect coverage under another Component Plan that provides similar coverage, subject to the rules of that Component Plan. If the cnrtailment constitutes a "loss of coverage", as decided by the Plan Administrator, the Participant may elect coverage under a similar plan or drop coverage if no other similar coverage is offered by the Employer.

Coverage under a Component benefit plan is deemed "significantly curtailed" only if there is an overall reduction in coverage provided to Participants under the plan (for example, significantly increased deductibles or copays). A "loss of coverage" means a complete loss of coverage, such as the elimination of a Component Plan option, or a Participant losing all coverage by reaching a plan's lifetime maximum benefit. For example, minor changes in network providers participating in a medical or dental plan do not meet the definition of a "significant" loss of coverage under this Plan.

The Plan Administrator, in its sole discretion and on a uniform and consistent basis, will decide, in accordance with prevailing IRS guidance, and considering the provisions of the underlying Component Planes), whether a curtailment is "significant" or a "loss of coverage" and whether a substitute Component Plan constitutes "similar coverage" based upon all the surrounding facts and circumstances.

(b) Addition or Significant Improvement a/Component Plan: If during a Plan Year the Plan adds a new Component Plan or significantly improves an existing Component Plan, then on a prospective basis an affected Participant may change his or her election to select the newly-added or improved option. In addition, Eligible Employees not currently participating in the Plan may elect the newly added or improved Component Plan on a prospective basis, subject to the tenns and limitations of that Component Plan. The Plan Administrator, in its sole discretion and on a unifonn and consistent basis, will decide, in accordance with prevailing IRS guidance, and considering the provisions of the Component Plan, whether there has been an addition of or significant improvement in a Component Plan option.

(c) Loss 0/ Coverage Under Other Group Health Coverage: A Participant may prospectively change his or her election to add group health coverage for the Participant or his or her eligible Spouse or Dependent, if such individual(s) loses coverage under any group health coverage sponsored by a

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governmental or educational institution, including but not limited to the following: a state Children's Health Insurance Program ("CHIP"); a medical care program of an Indian Tribal government, Indian Health Service or tribal organization; a state health benefits risk pool; or a foreign government group health plan, subject to the tenns and limitations of the underlying Component Plan.

(d) Change in Coverage Under Another Employer's Plan: To avoid "election lock," a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the Spouse's, fonner Spouse's, or Dependent's employer, as long as: (i) the other cafeteria plan or qnalified benefit plan pennits its participants to make an election change that would be pennitted under applicable IRS regulations; or (ii) the Plan permits Participants to make an election for a period of coverage that is different from the plan year under the other cafeteria plan or qualified benefits plan. The Plan Administrator shall detennine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a change made under the other employer plan.

A Participant entitled to make a new election under this Section 3.3(b) must do so within 31 days of the event as described above, unless the event is a gain or loss of eligibility under a CHIP. An employee who is eligible to elect Component Plan coverage paid for by salary reductions, but who declined to do so during the Initial Enrollment Period or Annual Enrollment Period, may do so within 31 days (or 60 days due to CHIP) of the occurrence of an event described above, but only if the new election is made on account of and is consistent with the event.

For a mid-year election change due to CHIP eligibility, the election change must be made within 60 days of the date that eligibility for CHIP was gained or lost. Provided the employee requests the change within 60 days and applicable documentation is provided, coverage will be effective the first day of the calendar month coincident with or following the Participant's request of the change.

Subject to the provisions of the underlying group health Component Plans, elections made to add medical coverage for a newborn or newly adopted Dependent child may be effective on the date of the birth or adoption provided the Dependent is added within 31 days. All other new elections will be effective on the first day of the calendar month coincident with or immediately following the dare the Participant files a new election with the Plan Administrator. Elections made pursuant to this Section 3.3(b) shall be effective for the balance of the Plan Year in which the election is made, unless a subsequent event (described above) allows further election change.

3.4 Notification: At the request of the Participant, the Plan Administrator shall give reasonable notification of the status of that Participant under the Plan, and shall make available a Summary Plan Description summarizing the tenns of the Plan.

3.5 Reduction of Certain Elections to Prevent Discrimination: If the Plan Administrator derennines, before or during any Plan Year, that the Plan may fail to satisfy any requirement imposed by the Code or any limitation on pre-tax contributions for Key Employees or Highly Compensated Individuals, fue Plan Administrator shall talce such action(s) as he or she deems appropriate under rules unifonnly applicable

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to similarly situated Participants to assure compliance with such requirement or limitation. Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or Key Employee's election without the consent of such employee.

ARTICLE 4

CONTRIBUTIONS

4.1 Non-Elective Contributions and Opt-Out Contributions: For each Plan Year, the Employer, in its sole discretion, may make on behalf of Participants a non-elective Contribution or provide a contribution based on an Eligible Employee's election to opt-out of Component Plans or participation in an Employer wellness program. The amount of a non-elective or opt-out Contribution shall be calculated for each Plan year in a uniform and non-discrimiuatory manner based on the Participant's employment during the Plan Year, participation in underlying Component Planes) or Employer wellness programs, and such other factors as the Employer shall prescribe.

4.2 Elective Contribntions:

(a) Benefit: Eligible Employees elect to participate in this Plan and pay for their share of premiums for Component Plans with pre-tax Flexible Pay dollars. In no event will benefits under the Plan be provided in the form of deferred compensation.

(b) Flexible Pay Contributions (salary reduction amounts): Each Participant may authorize the Plan Administrator to withhold from his or her Compensation for the Plan Year an amount of Flexible Pay up to or equal to the Coverage Expenses for Component Plans, including the Health Care Spending Account and Dependent Care Spending Account Component Plans, in which the Participant has enrolled. Coverage Expenses for Component Plans may be dependent upon participation in Employer wellness programs, including tobacco cessation or other programs. The maximum salary reduction amount for any Plan Year is the total of the Participant's share of the premium or cost for all Component Plans in which the Participant is enrolled. Salary reduction amounts for the Health Care Spending Account and Dependent Care Spending Account Component Plans are limited by IRS and Plan guidelines as described in Articles 5 and 6 of this document.

For purposes of this Plan, Flexible Pay amounts (in other words, employee contributions) are considered Employer contributions.

Flexible Pay amounts will reduce the Participant's Compensation rntably on each pay day during the Plan Year following the effective date of the Participant's participation in the Plan, unless the Employer provides otherwise. For Participants whose salary during the year is paid to them over a period of time less than a year, Flexible Pay amounts will be withheld in installments as determined by the Plan Administrator.

(e) Election: A Participant's election to authorize withholding of Flexible Pay (under Section 4.2(b») will be made during the Emrollment Process following the Employer's policies. Any

15

election which, in the determination of the Plan Administrator, exceeds the limitation on Flexible Pay established in Section 42(b) may be treated as void or as an election to withhold the maximum amount permissible under the Plan.

4.3 Effect of Change in Status: If a Participant incurs a Change in Status (as defined in Section 3.3) during the Plan Year, the Participant may change his or her benefit election under the Plan so long as the requested change meets all IRS and Plan requirements as described in Section 3.3. A Participant's requested benefit election change must be consistent with the event prompting the change, following IRS and Plan requirements and subject to the sole discretion and interpretation by the Plan Administrator. These rules shall also apply to a Participant on FMLA Leave or USERRA Leave. In the event of a benefit election change, appropriate adjustments shall be made, in accordance with rules adopted by the Plan Administrator, in the amount withheld from or added to the Participant's pay for the balance of the year to reflect any changes in the Participant's benefit elections.

4.4 FMLA Leave Rules and Payment Options: If a Participant goes on a qualifYing leave under the FMLA, then to the extent required by the FMLA, the Employer will continue to maintain any health insurance benefits for any Component Plan that provides group health coverage on the same terms and conditions as if the Participant were still an active employee. That is, if the Participant elects to continue his or her coverage while on FMLA leave, the Employer will continue to pay its share of the premium. However, a Participant has the right to terminate benefits under this Plan due to approved FMLA leave, as stated in Section 3.1 (b )(1).

If the Participant elects to continue coverage while on FMLA leave, then the Participant may pay his or her share of the premium in one of the following ways, subject to the Employer's policies for handling payment, which are subject to change:

(a) Pre-Pay Method: A Participant may pre-pay (prior to commencement of FMLA Leave) all or a portion of the expected amounts due during the FMLA Leave period. Pre-paid contributions may be made out of pre-leave Compensation, including from unused sick days or vacation days. However, any contributions deducted from pre-leave Compensation will be made on a pre-tax basis unless otherwise prohibited by law. The Participant may not use this pre-pay option to fund coverage for the next Plan Year, if the l2-week FMLA Leave period will extend into a following Plan Year.

(b) Pay-as-you-go Method: A Participant may pay amounts due during the FMLA Leave period on the same schedule as if the Participant were not on leave. Generally, these payments will be made on an after-tax basis, but such payments can be made on a pre-tax basis to the extent that they are made from taxable Compensation (including from unused sick days or vacation days) due to the Participant while on leave. If the Participant fails to make the required payments, the Employer is not required to continue the Participant's coverage while on FMLA Leave. However, at the Employer's discretion, the Employer has the option to continue the coverage for a Participant who fails to make the required premium payments while on FMLA Leave, and the Employer will be entitled to recoup those payments as described under the Catch-up Method below, even if this was not agreed to in advance. The Employer may recoup these funds on a pre-tax or after-tax basis, at its discretion.

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(c) Catch-up Method: At the Employer's discretion, the Employer may advance the Participant's share of premiums and may use a catch-up method to recoup the Participant's share of premiums if, and only if, the Employer and the Participant agree in advance of the FMLA Leave coverage period that: (i) the Participant elects to continue coverage while on FMLA Leave; (ii) the Employer assumes responsibility for advancing the Participant's share of premiums while on FMLA Leave; and (iii) the advanced amounts will be paid by the Participant when the Participant returns from FMLA Leave. Catch-up payments paid by the Participant from other than pre-leave Compensation are made on an after-tax basis.

If the Participant's FMLA Leave is substituted paid leave under the FMLA, the Participant's share of the premiums must be paid by the method normally used during any paid leave.

If a Participant's coverage ceases while on FMLA leave, the Participant will be permitted to re-enter the Plan upon return from such leave on the same basis as the Participant was participating in the Plan pl~or to the leave, or otherwise required by the FMLA, and subject to the terms of the underlying Component Plans.

With respect to participation in non-health Component Plans during FMLA Leave, the Employer may continue a Participant's coverage under any or all of such non-health Component Plans to enable the Employer to meet its obligation of providing coverage under such Component Plans upon the Participant's return from FMLA Leave. If the Employer does so, the Employer will be entitled to recoup the cost incurred for paying the Participant's share of the premiums during the Participant's FMLA Leave. Participant entitlement to non-health benefit plans is determined by the Employer's policy for providing such benefits when the Participant is on non-FMLA leave, as described below in Section 4.5, and is subject to the eligibility requirements of underlying Component Plans.

4.5 Non-FMLA Leaves of Absence: If a Participant goes on an llllpaid leave of absence that does not affect eligibility under the Plan, then the Participant will continue to participate and the premium due for the Participant will be paid by pre-payment before going on leave, by after-tax contributions while on leave, or with catch-np contributions after tlle leave ends, as may be allowed by the Plan Administrator.

If a Participant goes on an unpaid leave of absence that affects eligibility, such as USERRA Leave, or if the Participant fails to pay premiums when due resulting in coverage termination, the election change rules in Section 3.3 will apply. To the extent COBRA applies, the Participant may continue coverage under COBRA.

ARTICLES

HEALTH CARE SPENDING ACCOUNT COMPONENT

5.1 Health Care Spending Account Component Plan: The Health Care Spending Account ("HCSA") Component of this Plan is intended to qualify as a self-insured medical reimbursement plan under Code Section 105, and medical expenses reimbursed thereunder are intended tc be eligible for exclusion from Participants' gross income under Code Section 105(b).

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5.2 HeSA Elections: The maximum annual contribution to the HCSA through Flexible Pay Contribution (salary reduction amounts) elected by the Participant is $2,499.90. The maximum annual election for a Participant joining the Plan mid-year will be prorated. The maximum annual limit applies per Plan Year, regardless of Change of Status or other events that may allow a Participant to change his or her elections during the year. The minimum annual contribution to the HCSA through Flexible Pay Contributions (salary reduction amounts) elected by the Participant is $120.00.

The maximum annual contribution through non-elective or opt-out contributions made by the Employer is the amount approved by the Employer's governing body. For this Plan Year and unless changed for future plan years, the limit on Employer contributions is $1,199.90. Employer contributions that are paid out ratably through the Plan Year will be prorated for Participants joining the Plan mid-year. Employer contributions that are paid out as one-time contributions will not be prorated.

If a Participant experiences a qualified Change of Status event during the Plan Year which allows a reduction in the Participant's HCSA contribution, the reduced annual election may not be less than the amount already reimbursed through the HCSA for that Plan Year.

5.3 Eligible Medical Expenses: Only Eligible Medical Expenses can be reimbursed through the HCSA Plan. Eligible Medical Expenses mean those expenses incurred by the Participant, or the Participant's Spouse or Dependents, on or after the date the Participant begins participating in the HCSA Plan and during the Plan Year, for which the Employer may reimburse the employee on a tax-favored basis under Code Section 105(b), but shall not include: i) expenses for qualified long term care services (as defined in Code § 7702B(c)); or ii) an expense incurred for the payment of premiums under a health insurance plan. For purposes of this Plan, an expense is "incurred" when the Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense, which may be different from when payment is made for that expense. Expenses may only be reimbursed for a Dependent who qualifies as a tax dependent of the Pmticipant for federal income tax purposes, without regard to income limitations.

5.4 Expense Reimbursements: Payment shall be made to the Participant as reimbursement for Eligible Medical Expenses incurred by the Participant and his or her Dependents during the Plan Year for which the Participant's election is effective. Payment may be made in cash (via electronic bank transfer or paper check) or through HCSA debit cards or other electronic media issued to the Participant for this purpose. These expenses must also be expenses that:

(a) are celtified by the Participant that they are not, and will not be, covered, paid or reimbursed from any other sonrce; and

(b) meet the criteria of tax-deductibility as a medical or dental expense under Section 213 of the Code, as amended and subject to regulations and guidance thereunder, or as an expense reimbursable on a tax-favored basis under Code Sections 105(b) or 106(f). Effective January 1, 2011, expenses incurred for a medicine or drug are eligible for reimbursement only if such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin; mld

(c) will not be taken as a deduction from income on the Participant's or a Dependent's federal income tax return in any tax year; and

(d) do not exceed the amount that the Participant has elected to have withheld under the Health Cm'e

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Spending Account for the Plan Year plus any non-elective or opt-out Contributions made by the Employer; and

(e) are substantiated by the Participant either automatically or manually, following IRS guidelines for prescription verification, dispensing, and recordkeeping; and verified to the satisfaction of the Plan Administrator that a covered expense has occurred.

5.5 Debiting and Crediting of Accounts:

(a) Each Participant's HCSA will be credited with amounts withheld [TOm the Participant's Compensation pursuant to his or her election made under the Health Care Spending Account Component Plan plus any non-elective or opt-out Contributions made by the Employer. The Participant's account will be debited for reimbursement amounts disbursed to the Participant and any Plan expenses (e.g., HCSA debit card fees) charged to the Participant's account.

(b) The entire amount elected by the Participant as an annual amount for the Plan Year for the Health Care Spending Account Component Plan, plus any non-elective or opt-out Contributions made by the Employer, less any reimbursements already disbursed, shall be available to the Participant at any time during the Plan Year without regard to the balance in the Participant's account (provided that the periodic premiums have been paid). Thus, the maximum amount of HCSA expense reimbursement at any particular time during the Plan Year will not relate to the amount which a Participant has had withheld pursuant to the Flexible Pay Contribution (salary reduction) up to that time.

(c) In no event will the amount of HCSA benefits reimbursed in any Plan Year exceed the annual amount specified for that Plan Year. Any amount allocated to a Participant's account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Eligible Medical Expense reimbursement under this Plan within 120 days following the end of the Plan Year for which the election was effective. Amounts so forfeited may be used by the Employer to offset administrative expenses.

(d) All HCSA benefits derived hereunder shall be paid exclusively from the amounts in each Participant's HCSA funded by amounts withheld fyom the Participant's wages pursuant to the Flexible Pay Contribution (salary reduction) for the HCSA Component Plan and any NonElective Contributions allocated thereto. In the event that a Participant's claim for HCSA benefits exceeds the amount currently available in the Participant's HCSA, the Employer shall pay the excess amount up to the annual amount elected by the Participant for the HCSA, less any reimbursements already disbursed. Future premium payments by the Participant shall then go to the Employer as reimbursement for the money so advanced on behalf of the Participant.

(e) If the Participant terminates employment before the Employer has been reimbursed for the money it has advanced on behalf of the Participant, the entire unreimbursed portion shall be deemed to be an "administrative expense" to be refunded to the Employer by any unused account balances.

5.6 Repayment of Excess Reimbursements: If, as of the end of any Plan Year, it is determined that a Participant has received payments under this Plan that exceed the amount of Eligible Medical Expenses

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that have been substantiated by such Participant during the Plan Year, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification. If the Participant fails to repay excess amounts received, the Employer may:

(a) Apply other substantiated reimbursement requests to recoup excess reimbursements, provided the services were incurred during the same plan year;

(b) Tenninate Participant access to HCSA debit cards or other electronic media;

(c) Withhold excess amounts from a Participant's Compensation; and

(d) Treat excess amounts as any other business indebtedness, if all of the above collection methods are unsuccessful or unavailable.

5.7 Qualified Reservist Distribution (QRD): A Participant who is a member of a Reserve Component called to active military duty for a period of 180 days or greater, or for an indefinite period of time, may withdraw all or a portion of the amount in the HCSA without penalty (but subject to employment and income taxes), subject to the following:

(a) Reserve Component means the Anny National Guard of the U.S.; the Anny Reserve; the Navy Reserve; the Marine Corps Reserve; the Air National Guard of the U.S.; the Air Force Reserve; the Coast Guard Reserve; or the Reserve Corps of the Public Health Service;

(b) A request for a QRD may onl y be made on behalf of an Eligible Employee who is a member of a Reserve Component;

(c) The QRD must be made during the time beginning with the call to active military duty (but not prior to June 18, 2008) and ending on the last date which reimbursements could be made for that Plan Year under the Health Care Spending Account Component Plan, in accordance with Section 5.5;

(d) The amount available for the QRD is calculated as the amount withheld from the Participant's Compensation pursuant to his or her election made under the HCSA Component Plan, plus any non-elective or opt-out Contributions made by the Employer, as of the date of the QRD request, minus reimbursements made to the Participant as of the date of the QRD request per Section 5.5;

(e) The Participant must substantiate the request for the QRD by providing the Employer a copy of the order(s) or call(s) to active duty, which must show a minimum of 180 days, or an indefinite period, through one or combined orders;

(f) A Participant's right to submit any further requests for reimbursement for the Plan Year terminates with the withdrawal of all remaining HCSA amounts pursuant to a QRD; and

(g) Amounts requested under a QRD will be paid no later than 60 days after the request has been approved and substantiated, and will be reported as wages on the employee's W-2 for the year in which the QRD is paid to the employee.

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5.8 Termination of HCSA Benefits: Coverage under the Health Care Spending Account Component Plan shall cease as of the day in which a Participant is no longer employed by the Employer or when a Flexible Pay Contribution (salary reduction) for the Plan has been missed for any reason. Participants in the HCSA Plan may submit claims for reimbnrsement for Eligible Medical Expenses arising during the Plan Year and_before the date of separation from service at any time until 120 days after the end of the Plan Year for which the election had been in effect, and to receive reimbnrsement hereunder. Notwithstanding Section 5.9 below, npon the Participant's termination of participation in the HCSA Component Plan, any remaining salary reduction contributions elected to be made by the Participant for the balance of such Plan Year and his/her period of coverage shall cease with the date of tennination. Unless a COBRA election is made, Participants shall not be entitled to receive reimbnrsement for Eligible Medical Expenses incurred after coverage ceases under this Section, and any unused reimbursement benefits at the expiration of the 120 day runout period following the close of the Plan Year shall be treated in accordance with Section 5.5.

5.9 COBRA Coverage: Each Benefit Plan or Policy made available that is considered to be a "group health plan" under Code Sec. 4980B, because employees and their families are provided with health care benefits within the meaning of Code Sec. 213(d)(l), including the Health Care Spending Account Component Plan, shall contain the necessary provisions required by Code Sec. 4980B to ensure that such benefits may be continued on or after the occurrence of the qualifying events defined in Code Sec. 4980B(f)(3). COBRA coverage is described in Article 9 below.

5.10 HIPAA Exemption: Because it is sponsored by a government orgauization, the Health Care Spending Account Component Plan is not subject to the portability and accessibility requirements of the Health Insnrance Portability and Accountability Act of 1996 ("HIP AN').

ARTICLE 6

DEPENDENT CARE SPENDING ACCOUNT COMPONENT

6.1 Dependent Care Spending Account Component Plan: The Dependent Care Spending Account ("DCSA") Component of this Plan is iutended to qualify as a dependent care assistance plan under Code Section 129, and dependent care expenses reimbnrsed thereunder are intended to be eligible for exclusion from Participants' gross income under Code Section 129(a).

6.2 DCSA Elections: The maximum armual Contribution to the DC SA is limited, according to IRS rules, to the lesser ofthe following:

(a) the Participant's Compensation for the applicable month; or

(b) the Compensation of the Participant's Spouse for such month (Note: a Spouse of a Participant who is not employed during a month in which the Participant incurs Eligible Dependent Care Expenses and who is either incapacitated or a Student shall be deemed to have Compensation in tl,e amount of $200 per month per qualifying individual for whom the Participant incnrs eligible dependent care expense(s), up to a maximum amount of $400 per month); or

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(c) $4,999.80, or, if the Participant is married and files a separate tax return, $2,499.90 (or any future aggregate limitations promulgated under Code Section 129).

The maximum armual Contribution limits shown above include Flexible Pay Contributions (salary reduction amounts) elected by the Participant plus non-elective or opt-out Contributions made by the Employer. The maximum armuallimits apply per Plan Year, regardless of Change of Status or other events that may allow an Eligible Employee to change his or her elections during the year.

If a Participant experiences a qualified Change of Status event during the Plan Year which allows a reduction in the Participant's DC SA contribution, the reduced armual election may not be less than the amount already reimbursed through the DCSA for that Plan Year.

6.3 Eligible Dependent Care Expenses: Only Eligible Dependent Care Expenses can be reimbursed through the DC SA Plan. Eligible Dependent Care Expenses mean "qualifying employment-related expenses" (as defined below) paid or incurred to maintain employment on or after the date the Participant begins participating in the DCSA Plan and during the Plan Year. Expenses paid to the following individuals are excluded from Eligible Dependent Care Expenses:

(a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. ISI(a) to the Participant or his Spouse;

(b) the Participant's Spouse; or

(c) a child of the Participant who is under 19 years of age at the end of the year in which the expenses were incurred.

"Qualifying employment-related expenses" are those expenses that would be considered to be employment-related expenses under Section 21 (b )(2) of the Code (relating to expenses for dependent care services necessary for gainful employment) and paid by the Participant to provide care for a "qualifying individual" in the Participant's home or outside the Participant's home. If the expenses are incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with all applicable state and local laws and regulations.

A "qualifying individual" means either of the following:

(a) a qualifying child (as defined in IRC 152(a)(I)) under the age of thirteen (13) who meets all of the following requirements:

(i) is either the Participant's child (including a step, adopted or foster child) or grandchild, or brother, sister, stepbrother, stepsister, or a descendant of any such relative (e.g., niece or nephew);

(ii) lives with the Participant for more than one-half of the taxable year; and (iii) does not provide over one-half of his or her own support for the calendar year.

(b) a Spouse or other tax Dependent of a Participant, regardless of age, who meets the all of the following requirements:

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(i) is mentally or physically unable to care for himself or herself; (ii) lives with the Participant for more than one-half of the taxable year; and

(iii) does not have armual gross income that exceeds the annual IRS exemption limit.

6.4 Expense Reimbursements: Payment shall be made to the Participant in cash as reimbursement for Eligible Dependent Care Expenses incurred by him or her while a Participant during the Plan Year for which the Participant's election is effective. These expenses must also be expenses that:

(a) are not covered, paid or reimbursed from any other source; and

(b) meet the criteria of tax -deductibility as a dependent care expense under Section 21 of the Code, as amended and the regulations thereunder; and

(c) will not be taken as a deduction from income on the Participant's federal income tax return in any tax year; and

(dl do not exceed the amount that the Participant has elected to have withheld under the Dependent Care Spending Account for the Plan Year; and

(e) are verified in writing to the satisfaction of the Plan Administrator that a covered expense has occurred.

6.5 Debiting and Crediting of Accounts:

(al Each Participant's DCSA will be credited with amounts withheld from the Participant's Compensation pursuant to his or her election made under the Dependent Care Spending Account Component Plan, plus any non-elective or opt-out Contributions made by the Employer. The Participant's account will be debited for reimbursement amounts disbursed to the Participant.

(b) In no event will the amount of DCSA benefits in any Plan Year exceed the armual amount specified for the Plan Year. Any amount allocated to a Participant's acconnt shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Eligible Dependent Care Expense reimbursement under this Plan within 120 days following the end of the Plan Year for which the election was effective. Amounts so forfeited may be used by the Employer to offset administrative expenses.

(c) In the event that a Participant's claim for DCSA benefits exceeds the amount currently available in the Participant's DCSA, the excess portion of the claim will be carried over into following months (within the same Plan Year), to be paid out as the account balance becomes adequate.

(d) All DC SA benefits derived hereunder shall be paid exclusively fTom the amounts in each Participant's DC SA funded by amounts withheld from the Participant's wages pursuant to the Flexible Pay Contribution (salary reduction) for the DCSA Component Plan and any NonElective Contributions allocated thereto.

6.6 Repayment of Excess Reimbursements: If, as of the end of any Plan Year, it is detennined tIlat a Participant has received payments under this Plan that exceed the anlOunt of Eligible Dependent Care Expenses that have been substantiated by such Participant during the Plan Year, the Plan Administrator

23

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shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification,

6.7 Termination of DCSA Benefits: Coverage under the Dependent Care Spending Account Component Plan shall cease as of the day in which a Participant is no longer employed by the Employer or when a premium payment for the Plan has been missed for any reason. However, Participants may submit claims for reimbursement for Eligible Dependent Care Expenses arising during the Plan Year at any time until 120 days after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder.

ARTICLE 7

ADMINISTRATION

7.1 Allocation of Responsibility for Plan Administration: The Employer and Plan Administrator have only those powers, duties, responsibilities, and obligations that are specifically given or delegated to them under this Plan.

(a) The Employer shall have the sole authority to appoint and remove the Plan Administrator.

(b) The Plan Administrator shall have the sole responsibility for the administration of the Plan, which responsibility is specificalliy described herein.

(c) The Employer and the Plan Administrator each warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions of the Plan authorizing or providing for such direction,. information or action. Furthermore, each may rely upon any direction, information or action of the other as being proper under the Plan, and is not required under the Plan to inquire into the propriety of any direction, information or action. It is intended under this Plan that each shall be responsible for the proper exercises of its own powers, duties, responsibilities and obligations under the Plan and shall not be responsible for any act or fajlure to act of another party.

7.2 Administration: The Plan shall be administered by the Plan Administrator, which may appoint or employ persons to assist in the administration of the Plan and may appoint or employ any other agents it deems advisable, including legal counse!l, actuaries, auditors, bookkeepers and recordkeepers to serve at the Plan Administrator's direction. AliI usual and reasonable expenses of the Plan and the Plan Administrator shall be paid by the Employer from its assets outside the Plan, by the Employer's allocating such expenses to the various Participant accounts, or by charging expenses directly to the Plan.

7.3 Other Administrative Powers and Duties: The Plan Administrator shall have such powers and duties as may be necessary to discharge its dutr<es, including the power:

(a) to construe and interpret the Plan, including all possible ambiguities, inconsistencies, and omissions in the Plan and related documents; decide all questions of eligibility and participation,

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consistent with the provisions of the underlying Component Plans where appropriate; and determine the manner and time of election of any benefits hereunder;

(b) to prepare and distribute, in such manner as the Plan Administrator determines to be appropriate, information explaining the Plan;

(e) to receive from the Employer and from Participants information necessary for the proper administration of the Plan;

(d) to furnish the Employer, upon request, annual reports with respect to the administration of the Plan that are reasonable and appropriate;

(e) to receive, review and keep on file (as it deems convenient and proper) reports of benefit payments by the Employer and reports of disbursements for expenses;

(f) to prepare and file on a timely basis such reports and information concerning the benefits covered by this Plan as the PIan Administrator determines from time to time to be necessary and proper;

(g) to keep records necessary for purposes of determining whether the requirements of IRe § 125 are lnet;

(h) to require Eligible Employees and Participants to complete and file with it election and other forms which the Plan Administrator may from time to time determine to be appropriate and to furnish all information determined to be necessary for the administration of this Plan. The Plan Administrator may rely on information so furnished;

(i) to reject, terminate or cut back elections made by Highly Compensated Participants before or during the periods of coverage to which they relate in order to prevent discriminatory proportional utilization or to prevent the Plan from exceeding the 25% limit on non-taxable benefits provided to Key Employees.

The Plan Administrator shall have no power to add to, subtract from or modify any of the terms of the Plan, or to change or add to any benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under the Plan or under a Component Plan unless otherwise provided herein.

7.4 Rules and Decisions: The Plan Administrator may adopt such rules and procedures as it deems necessary, desirable, or appropriate for the administration of this Plan. All rules, procedures and decisions of the Plan Administrator shall be uniformly and consistently applied to all Participants in similar circumstances. When making a detennination or calculation, the Plan Administrator shall be entitled to rely upon information furnished by a Participant, a Dependent, the duly authorized representative of a Participant or Dependent or the legal counsel of the Plan Administrator. The Plan Administrator shall not be responsible for any act or failure to act because of a direction or lack of direction provided by a Participant.

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7.5 Forms and Requests for Information: The Plan Administrator may require a Participant to complete and file such fonns as are provided for herein and all other forms prescribed by the Plan Administrator, and to furnish all pertinent information requested by the Plan Administrator. The Plan Administrator may rely upon all such infonnation, including the Participant's last known mailing address, as being proper under the Plan and shall not be responsible for verifying the accuracy of information provided by the Participant.

7.6 Responsibility for Plan: The complete authority to control and manage the operation and administration of the Plan shall be placed on the Plan Administrator, which shall be solely responsible for the operation of the Plan in accordance with its terms and consistent with the provisions of Component Plans. It is the principal duty of the Plan Administrator to see that this Plan is carried out, in accordance with its terms, for the exclusive benefit of persons entitled to participate in this Plan without discrimination among them. The Administrator( s) of the Component Plans shall have no responsibility for, nor liability toward, the operation and administration of this Plan.

7.7 Funding Policy: All of the amounts payable under this Plan shall be paid from the funds of the Employer. No Participant or other person shall have any claim against, right to, or security or other interest in any fund, account or asset of the Employer from which any payment under this Plan may be made.

ARTICLES

CLAIMS PROCEDURES

8.1 Application to Plan Benefits: This Article does not apply to claims paid under the underlying Component Plans, but only applies to the pre-tax benefits available under this Plan (e.g., such as a determination of a Change in Status; change in cost or coverage; or eligibility and participation matters under this Plan document). However, this Article shall be the claims procedure applicable to the Health Care Spending Account and the Dependent Care Spending Account Component Plans.

8.2 Procedure if Benefits are Denied Under the Plan: Any employee, beneficiary, or his duly authorized representative may file a claim for a benefit to which the claimant believes that he is entitled, but that has been previously denied by the Plan Administrator. Such a claim must be in writing and delivered to the Plan Administrator in person or by mail. Witbin ninety (90) days after receipt of such claim, the Plan Administrator will send to the claimant written notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 90-day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section 8.2, the claim shall be deemed denied and the claimant shall be pennitted to exercise his right to review pnrsuant to Sections 8.4 and 8.5.

8.3 Requirement for Written Notice of Claim Denial: The Plan Administrator will provide a written

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notice to every claimant who is denied a claim for benefits under this Article. Such written notice will provide the following information:

(a) The specific reason or reasons for the denial;

(h) Specific reference to pertinent Plan provisions on which the denial is hased;

(c) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary, and

(d) An explanation of the Plan's claim review procedure.

8.4 Right to Request Appeal: Within sixty (60) days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative may make a written application to the Plan Administrator to be afforded a review of such denial; may review pertinent documents; and may submit issues and comments in writing.

8.5 Disposition of Disputed Claims: Upon receipt of a request for review, the Plan Administrator will make a prompt decision on the review matter. The decision on such review will be written in a manner designed to be understood by the claimant and will include specific reasons for the decision and specific references to the pertinent plan or insurance policy provisions on which the decision was based. The decision upon review will be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension of time for processing, in which case a decision will be rendered not later than one hundred twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant will be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not fumished in accordance with this Section 8.5, the claim will be deemed denied and the Claimant shall be permitted to exercise his right to a legal remedy.

ARTICLE 9

CONTINUATION OF COVERAGE (COBRA)

The Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") requires that most employers sponsoring group health plans offer employees and their covered dependents the opportunity for a temporary extension of coverage. The following provisions apply to the Health Care Spending Account ("HCSA") Component of this Plan and any other Component group health plan subject to COBRA that does not otherwise contain COBRA provisions. This section generally explains COBRA continuation coverage, when it may become available to a Participant and covered dependents, and what Participants need to do to protect the right to receive it.

What Is COBRA Continuation Coverage COBRA continuation coverage is a continuation of Plan coverage when a Participant would otherwise lose such coverage because of a life event known as a COBRA "qualifying event". Specific COBRA qualifying events are listed below in this section and whenever a "qualifying event" is mentioned in this section, it refers to a COBRA qualifying event as defined by the Consolidated Omnibus Budget Reconciliation Act of 1985 as amended. After a qualifying event, COBRA continuation coverage must be offered to each person who is a

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"qualified beneficiary". An employee, a lawful spouse, and dependent children could become qualified beneficiaries if covered under the Plan at the time of a qualifying event, and such coverage is lost because of the qualifying event. Additionally, a child who is born to or adopted or placed for adoption with a Participant (the covered employee) during the COBRA continuation period is also considered a qualified beneficiary, provided that the Participant elected COBRA continuation coverage. Under the Plan, qualified beneficiaries must pay for the COBRA continuation coverage they elect, as described later in this notice.

COBRA continuation coverage will not be offered to HCSA participants if the COBRA premium equals or exceeds the benefit payable under the HCSA Plan. Qualified beneficiaries will be eligible for COBRA coverage if, and only if, there is a positive balance in the HCSA account at the time of the COBRA qualifying event, taking into account all claims submitted before the date of the qualifying event.

If COBRA coverage is elected for tbe HCSA Component Plan, it will be available only through the end of the Plan Year in which the qualifying event occurs. COBRA coverage for the HCSA Component will cease at the end ofthe Plan Year and cannot be continued for the next Plan Year.

COBRA Qualifying Events If you are an employee, you will become a qualified beneficiary if you lose coverage under the Plan because eitber one of the following qualifying events happens:

• Your hours of employment are reduced; or • Your employment ends for any reason other than your gross misconduct.

If you are the spouse of an employee, you will become a qualified beneficiary if you lose coverage under the Plan because any of the following qualifying events happens:

• Your spouse dies; • Your spouse's hours of employment are reduced; • Your spouse's employment ends for any reason other than his or her gross misconduct; • Your spouse becomes entitled to (i.e., enrolled in) Medicare benefits as a retiree (under Part A, Part B, or

both); or • You become divorced or legally separated from your spouse.

Your dependent children will become qualified beneficiaries if th.ey lose coverage under the Plan because any ofthe following qualifying events happens:

• The covered parent-employee dies; • The covered parent-employee's hours of employment are reduced; • The covered parent-employee's employment ends for any reason other than his or her gross misconduct; • The covered parent-employee becomes entitled to (i.e., enrolled in) Medicare benefits as a retiree (under

Part A, Part B, or both); • The parents become divorced or legally separated; or • The child stops being eligible for coverage as an eligible dependent "child".

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For this purpose, "lose coverage" means a covered employee and/or covered dependents cease to be covered under the same terms and conditions as in effect immediately before the qualifYing event.

Giving Notice That a COBRA Qualifying Event (or Second COBRA Qualifying Event) has Occurred The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan Administrator has been timely notified that a qualifying event has occurred. When the qualifying event is the employee's termination of employment (other than for gross misconduct) or reduction of work hours, death of the employee, or loss of coverage resulting form an employee's becoming entitled to Medicare benefits as a retiree (under Part A, Part B, or both), your Employer must notify the Plan Administrator of the qualifying event within 30 days of any of these events.

Important Note: For the other qualifying events (divorce or legal separatiou of the covered employee and spouse or a dependent child's losing eligibility for coverage as a dependent child), you must notify your Employer. The Plan requires that you notify your Employer in writing within 60 days after the later of I) the date of the qualifying event (or second qualifying eveut) or 2) the date the qualified beneficiary loses (or would lose) coverage under the Plan as a result of the qualifying event (or second qualifying event). Your Employer will then notify the Plan Administrator. If written Notice is not provided within the 60-day period, the dependent will not be entitled to COBRA continuation coverage.

How is COBRA Continuation Coverage Provided Once the Plan Administrator receives timely notice that a qualifying event has occurred, COBRA continuation coverage will be offered (through a "COBRA Continuation Coverage Election Notice") to each of the qualifying beneficiaries.

Each qualified beneficiary will have an independent right to elect COBRA continuation coverage. This means qualified beneficiaries may elect COBRA coverage for themselves, regardless of whether other family members who are also qualified beneficiaries elect or decline coverage. For example, if your dependents are covered by the Plan at the time you terminate employment, they are qualified beneficiaries eligible for COBRA continuation coverage even if you choose not to continue coverage on yourself. Covered employees may elect COBRA continuation coverage on behalf of their spouses, and parents may elect COBRA continuation coverage on behalf of their children.

If coverage under the Plan is changed for active employees, the same changes will be provided to individuals receiving COBRA continuation coverage. Qualified beneficiaries may also change their coverage elections during the annual enrollment periods, if a change in status occurs, or at other times under the Plan to the same extent that similarly situated non-COBRA employees and retirees may do so.

Qualified beneficiaries may not enroll dependents on the plan who were not covered by the Plan as of the date of the qualifying event, except that while you have COBRA continuation coverage, you may add coverage for a newborn or a newly adopted child within 31 days of the date of birth for a newborn or of the adoption or placement for adoption. You must provide a written request to your Employer's Human Resources Department within 31 days of the birth, adoption, or placement of adoption. Coverage will continue for newly added dependents through the original IS-month pCliod only.

Duration of COBRA Continnation Coverage COBRA continuation coverage is a temporary continuation of health coverage. When the qualifying event is the employee's termination of employment (other than for gross misconduct) or reduction of work hours,

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COBRA continuation coverage for the employee and the employee's covered spouse and dependent children generally lasts for only up to a total of18 months. If the termination or reduction of hours is due to military leave under USERRA, COBRA continuation coverage may last up to 24 months.

When the qualifying event resulting in loss of coverage is the death of the employee, the employee becoming entitled to (i.e., enrolled in) Medicare benefits as a retiree (under Prut A, Part B, or both), or your divorce or legal sepru'ation, COBRA continuation coverage for the employee's spouse and/or dependent children (but not the employee) lasts for up to a total of36 months. Also, the employee's dependent children are entitled to COBRA continuation coverage for up to 36 months after losing eligibility as a dependent child wlder the terms ofthe Plan. Ineligible dependents enrolled in the Plan are not entitled to COBRA. continuation coverage.

There are three (3) ways in which the 18-month period of COBRA continuation coverage due to the employee's termination of employment or reduction of work hours, or the 24-month period of COBRA continuation due to USERRA leave, can be extended:

1) Employee's Medicare Entitlement Occurs Prior to a Qualifying Event That is Employee's Termination of Employment or Reduction of Work Hours - When the qualifying event is the employee's termination of employment (other than for gross misconduct) or reduction of work hours, and the employee becrune entitled to (i.e., enrolled in) Medicare benefits less than 18 months before the qualifying event (even if Medicare entitlement was not a qualifying event for the employee's spouse or dependent children because their coverage was not lost), COBRA continuation coverage for qualified beneficiaries other than the employee lasts until 36 months after the date of the employee's Medicare entitlement. For exrunple, if the employee became entitled to Medicare 8 months before the date on which employment terminates, COBRA continuation coverage for the employee's covered spouse and dependent children can last up to 36 months after the date of Medicare entitlement, which is equal to 28 months after the date of the qualifying event (36 months minus 8 months).

2) Disability Extension - If either you, your spouse or any of your dependent children covered under the Plan is determined by the Social Security Administration CSSA") to be disabled on the date of the employee's termination of employment or reduction of work hours, or at any time during the first 60 days of COBRA continuation coverage due to such qualifying event, each qualified beneficiary (whether or not disabled) may be entitled to receive up to an additional 11 months of COBRA continuation coverage, for a total maximum of29 months. The disability would have to have started at some time before the 60th day of COBRA continuation coverage and must last at least until the end of the 18- or 24-month period of continuation coverage. To qualify for this disability extension, yon must notify your Employer in writing of the person's disability status BOTH:

I) within 60 days after the latest of: i) the date of the disability determination by the SSA, ii) the date on which the qualifying event occurs, iii) ilie date on which you lose (or would lose) coverage under the PlaIl, or iv) the date on which you are informed of both the responsibility to provide this Notice and the Plan's procedures for providing such Notice to the Plan Administrator; AND

2) before the original 18- or 24- month COBRA continuation coverage period ends. You must notify your Employer by sending written Notice to your Employer's Human Resources Department. Your Employer will notify the Plrul Administrator.

Also, if Social Security determines that the qualified beneficiary is no longer disabled, you are required to notify your Employer iu writing within 30 days after this determination. This Notice should be sent to your Employer's HumaIl Resources Department.

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If these procedures are not followed or if you do not provide Notice in writing to your Employer within the required period, you will not receive a disability extension of COBRA continnation coverage.

3) Second Qualifyiug Eveut Exteusion - If the employee's spouse and/or dependents experience a second qualifying event while receiving the initial months of COBRA continuation coverage, the employee's spouse and dependent children (but not the employee) can get additional months of COBRA continuation coverage, for a maximum of 36 months, if timely written Notice of the second qualifying event is given to the Employer. This extension may be available to the employee's spouse and any dependent children receiving COBRA continuation coverage if the employee or fonner employee dies, becomes entitled to (i.e., enrolled in) Medicare benefits as a retiree (under Part A, Part B, or both), or gets divorced or legally separated, or if the dependent child stops being eligible under the Plan as a dependent child, but only if the event would have caused the spouse or dependent child to lose coverage under the Plan had the first qualifying event not occurred. If a second qualifying occurs at any time during the 29-month disability continuation period (as described above), then each qualified beneficiary who is the employee's spouse or dependent child (whether or not disabled) may further extend COBRA continuation coverage for seven (7) more months, for a total of up to 36 months from the employee's tennination of employment or reduction of work hours. (See above - "Giving Notice That a COBRA Qualifying Event (or Second Qualifying Event) has Occurred" - for important details on the proper procedures and timeframes for giving this Notice to the Employer).

In all of these cases, you or au other family member must make sure to notify your Employer in writing of the second qualifying event within 60 days ofthe second qualifying event. You should contact your Employer's Human Resonrces Department with this information. Your Employer will then contact the Plan Administrator. It is your responsibility to notify your Employer. If yon or another family member does not notify your Employer in writing within 60 days of the second qualifying event, your spouse and dependent children will not be offered an extension of COBRA continuation coverage due to a second qualifying event.

In no case may the total amount of COBRA continuation coverage be more than 36 months.

The following table provides a summary of the COBRA provisions outlined in this section.

COBRA Qualifying Events Maximum Continuation Period

Employee Sponse Child

Employee's reduction of work hours (e.g., full-time to part-time) results in loss 18 months 18 months 18 months of coverage Employee's tennination of employment, either voluntarily or involuntarily, for 18 months 18 months 18 months any reason other than gross misconduct Employee takes USERRA (military) leave 24 months 24 months 24 months

Employee becomes entitled to Medicare as a retiree N/A 36 months 36 months

Employee or employee's covered spouse or dependent child is disabled as 29 months 29 months 29 months determined by the Social Security Administration at the time of the qualifving

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COBRA Qualifying Events Maximnm Continuation Period

Employee Spouse Child

event or becomes disabled within the first 60 days of COBRA continuation coverage that begins as a result of termination of employment or reduction of work hours (to qualify, you must provide Notice to your Employer in a timely manner as described above) Employee dies N/A 36 months 36 months

Employee and spouse legally separate or divorce N/A 36 months 36 months

Employee becomes entitled to Medicare within 18 months prior to termination of N/A 36 months* 36 months* employment or reduction in work hours (even if such Medicare entitlement was not a qualifying event for the covered spouse or dependent child because their coverage was not lost) Child no longer qualifies as a dependent under the eligibility rules of the Plan N/A N/A 36 months

* 36-month peflod IS counted from the date the employee becomes enlltled to MedICare.

Electing COBRA Continnation Coverage Your Employer will provide a written COBRA Ejection Notice of the right to continue to be covered. The Election Notice will state the amount of the premium payments required for the continnation. You and/or your covered spouse and dependent children must choose to continue coverage by completing and returning the Election Notice to your Employer or your Employer's designee within 60 days of the following dates:

• The date you and/or your covered spouse and dependent children would lose coverage under the Plan as a result of the qualifying event; or

• The date your Employer or your Employer's designee notifies you and/or your covered spouse and dependent children (through the COBRA Election Notice) of your right to choose to continue coverage as a result ofthe qualifying event.

Paying for COBRA Continuation Coverage COBRA continuation coverage is the same group health coverage that is offered to similarly-situated nonCOBRA employees and retirees. Most other Plan rules apply. However, generally each qualified beneficiary is required to pay the entire cost of COBRA continuation coverage, including the portion formerly paid for you, if any, by your Employer. In addition, you will be required to pay an additional 2% administrative fee. Thus, the total cost of COBRA continuation coverage is 102% of the cost to the group health plan (including both employer and employee contributions) for coverage of a similarly situated plan participant or beneficiary who is not receiving COBRA continuation coverage. If COBRA coverage is extended over 18 months due to a disability, COBRA premiums will be 150% of the cost of coverage for all months after the first 18 months.

If you elect COBRA continuation coverage, you must make your initial payment for continuation coverage (including all premiums due but not paid) not later than 45 days after the date of your election. (This is the date the COBRA Election Notice is post-marked, if mailed.) If you do not malee your initial payment for COBRA continuation coverage within 45 days after the date of your election, you will lose all COBRA continuation coverage rights under the Plan. Payment is considered made on the date it is sent to the Plan. (This is the date the COBRA payment is post-marked, if mailed.)

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After you make your initial payment for COBRA continuation coverage, you will be required to make periodic payments for each subsequent coverage period. The premium due date and exact amount due for each coverage period for each qualified beneficiary will be shown in the COBRA Election Notice you receive. Although periodic payments are due on the dates shown in the COBRA Election Notice, you will be given a grace period of 30 days after the first day of the coverage period to make each periodic payment. Your COBRA continuation coverage will be provided for each coverage period as long as payment for that coverage period is made before the end of the grace period for that payment.

If you elect COBRA continuation coverage, but then fail to make an initial or periodic payment before the end ofthe 45 or 30 day grace period, respectively, for that coverage period, you will lose all rights to COBRA continuation coverage under the Plan, and such coverage will be terminated retroactively to the last day for which timely payment was made (if any).

When COBRA Continuation Coverage Ends COBRA continuation coverage for any person wiill end on the earliest of the following dates: • The day the qualified beneficiary's COBRA continuation coverage reaches the end of the maximum

continuation period for the applicable qualifying event; • The last day of the period for which COBRA premimn payments have been made, if the qualified

beneficiary fails to continue to make timely payments; • The day the qualified beneficiary becomes covered under any other group health plan for which henefits are

not limited due to pre-existing conditions limitations (note that this does not apply to individuals during the first 24 months ofUSERRA leave);

• The day the qualified beneficiary becomes entitled to Medicare benefits; • In the case of extended COBRA continuation coverage due to a disability, the last day of the month that

ends 30 days after a final detennination is issued by the SSA stating that the qualified beneficiary is no longer disabled (unless a second qualifying event has occnrred within the first 18 months); or

• The day this Plan ends.

COBRA continuation coverage may also be tenninated for any reason the Plan would terminate coverage of a participant or beneficiary not receiving COBRA continuation coverage (such as fraud).

If COBRA continuation of coverage is not elected, coverage nnder the Plan will end the last day of the month in which you were eligible and enrolled.

If You Have Questions If you have questions about your COBRA continuation coverage, you should contact your Employer's Human Resources Department. You may also contact the nearest Regional or District Office of the U.S. Department of Labor's Employee Benefits Security Administration ("EBSA"). Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website at www.dol.gov/ebsa.

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ARTICLE 10

PRIVACY

10.1 Notice of Privacy Practices:

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAYBE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW

IT CAREFULLY.

Effective Date of Notice: February 18, 2010.

The "Plan" as described below refers to all PEBC group health plans, including the EPO Medical Plan, PPO Medical Plan, PEBC Dental Plan, PEBC Vision Plan, and Health Care Spending Accounts if offered by your Employer. "You" or "yours" refers to individual participants in the Plan. If you are covered by a PEBC dental HMO plan, you will receive a separate notice from that HMO.

Throughout this document are references to the "Plan" and its administration. With regard to health plans offered on a fully insured basis (e.g., dental HMO and vision), information received from the "Plan" will generally be coming from the insurer on behalf of the Plan. For self-funded plans, "Plan" administration includes your Employer's own internal administration of the Plan, as well as PEBC and other administration activities.

Use and Disclosure of Protected Health Information

The Plan is required by federal law to protect the privacy of your individual health information (referred to in this Notice as "Protected Health Information"). The Plan is also required to provide you with this Notice regarding policies and procedures regarding your Protected Health Information, and to abide by the terms of this Notice, as it may be updated from time to time.

Under applicable law, the Plan is permitted to make certain types of uses and disclosures of your Protected Health Information, without your authorization, for treatment, payment and health care operations purposes.

For treatment purposes, routine use and disclosure may include providing, coordinating or managing health care and related services by one or more of your providers, such as when your primary care physician consults with a specialist regarding your condition.

For payment purposes, use and disclosure of your information may take place to determine responsibility for coverage and benefits, such as when the Plan checks with other health plans to resolve a coordination of benefits issue. The Plan also may use your Protected Health Information for other payment-related purposes, such as to assist in making plan eligibility and coverage determinations, or for utilization review activities. Payment purposes may also include, but is not limited to, billing, claims management, subrogation, reviews for medical necessity, utilization review and pre-authorizations.

For health care operations purposes, use and disclosure may take place in a number of ways involving plan administration, including for quality assessment and improvement, vendor review, and underwriting activities. Your information could be used, for example, to assist in the evaluation of one

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or more vendors who support the Plan, or our vendors may contact you to provide reminders or information about treatment alternatives or other health-related benefits and services available under the Plan. Health care operations may also include, but are not limited to, disease management, case management, legal reviews, handling appeals and grievances, plan or claims audits, fraud and abuse compliance programs, and other general administrative activities.

The Plans covered by this Notice may share PHI with each other as necessary to carry out treatment, payment, or health care operations. For example, your requests for claim payment may automatically be sent from the PEBC EPO or PPO Medical Plan to the Health Care Spending Account Plan, in order to simplifY and accelerate claims payment.

The Plan may disclose your Protected Health Information to the Employer that sponsors this Plan and to the PEBC in connection with these activities. If you are covered under an insured health plan, such as a dental HMO, the insurer also may disclose Protected Health InfOlmation to the Employer that sponsors the Plan and to the PEBC in connection with payment, treatment or health care operations.

The Plan is prohibited from using or disclosing genetic infOlmation for underwriting purposes, and will not use or disclose any of your Protected Health Information which contains genetic information for underwriting purposes.

In addition, the Plan may use or disclose your Protected Health Information without your authorization under conditions specified in federal regulations, including: • As required by law, provided the use or disclosure complies with and is limited to the relevant

requirements of such law; • For public health activities; • To an appropriate government authority regarding victims of abuse, neglect or domestic violence; • To a health oversight agency for oversight activities authorized by law; • In connection with judicial and administrative proceedings; • To a law enforcement official for law enforcement purposes; • To a coroner or medical examiner; • To cadavelic organ, eye or tissue donation programs; • For research purposes, as long as certain privacy-related standards are satisfied; • To avert a serious threat to health OJ[ safety; • For specialized government functions (e.g., military and veterans activities, national security and

intelligence, federal protective services, medical suitability determinations, correctional institutions and other law enforcement custodial situations); and

• For workers compensation or other similar programs established by law that provide benefits for work -related injuries or illness with{)ut regard to fault.

In special sitnations, the Plan may disclose to one of your family members, to a relative, to a close personal friend or to any other person identified by you, Protected Health Information that is directly relevant to the person's involvement with your care or payment related to your care. In addition, the Plan may use or disclose the Protected Health Information to notifY a member of yonr family, your personal representative, another person responsible for your care, or certain disaster relief agencies of your location, gencral condition or death. If you are incapacitated, there is an emergency, or you otherwise do not have the opportunity to agree to or object to this use or disclosure, those involved in Plan administration will do what in our judgmcnt is in your best interest regarding such disclosure and

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will disclose only the information that is directly relevant to the person's involvement with your health care.

Other uses and disclosures will be made only with your written authorization, and you may revoke your authorization in writing at any time.

Your Rights Regarding Protected Health Information

You may ask the Plan to restrict uses and disclosures of your Protected Healtll Information to carry out treatment, payment or health care operations, or to restrict uses and disclosures to family members, relatives, friends or other persons identified by you who are involved in your care or payment for your care. However, the Plan is not required to agree to your request. You may exercise this right by contacting the individual or office identified at the end of this Notice. They will provide you with additional information.

Notwithstanding our right to otherwise not agree to your request to restrict disclosures of your Protected Health Infonnation, the Plan will comply with the requested restriction if: • Except as otherwise required by law, the disclosure is to a health plan for the purposes of carrying

out payment or health care operations (and not for the purposes of carrying out treatment), and • The Protected Health Infonnation pertains solely to a health care item or service for which the health

care provider has been paid out of pocket in full.

You have the right to request the following with respect to your Protected Health hlformation: • Inspection and copying; • Amendment or correction to inaccurate information; • An accounting of certain disclosures of this information by us made after Aplil 14, 2003 (you are not

entitled to an accounting of disclosures made for payment, treatment or health care operations except as described below, or disclosures made pursuant to your wlitten authorization); o You have the right to receive an accounting of disclosures made by the Plan through an

electronic health record for payment, treatment or health care operations during the three (3) years plior to your request. This right applies to:

For electronic health records acquired by the Plan as of January I, 2009 - disclosures made on or after January 1, 2014, and

For electronic health records acquired by the Plan after January 1, 2009 - disclosures made after the later of January 1, 2011 or the date the Plan acquired the electronic health record.

• The right to receive a paper copy of this Notice upon request, even if you agreed to receive the Notice electronically.

You have the right to request in writing that you receive your Protected Health hlformation by alternative means or at an alternative location if you reasonably believe that disclosure could pose a danger to you.

About This Notice

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The Plan reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all Protected Health Information maintained. If this Notice is changed, you will receive a new Notice by mail or by a Notice posted on the PEBC website, at www.pebcinfo.com.

If you believe that your privacy rights have been violated, or that the privacy or security of your unsecured Protected Health Information has been compromised, you may file a complaint. You may complain in writing at the location described below under "Contacting the Plan Administrator" or to the U.S. Department of Health and Human Services, Office for Civil Rights, Region VI, at 1301 Young Street, Suite 1169, Dallas, TX 75202. You will not be retaliated against for filing a complaint.

Contacting the Plan Administrator

You may exercise the rights described in this Notice by contacting the office identified below. They will provide you with additional information. The contact is:

PEBC PO Box 5888 Arlington, TX 76005-5888 8171695-9141

10.2 PEBC Privacy Policy:

This Privacy Policy applies to all PEBC health plans, including the Health Care Spending Account Component Plan and any otller fully insured and self-funded Component health plans shown in Appendix A.

Throughout this Privacy Policy are references to the "Plan" and its administration. With regard to health plans offered on a fully insured basis (e.g., dental HMO and vision), information received from the "Plan" will generally be coming from the insurer on behalf of the Plan. For self-funded plans, "Plan" administration includes the Employer's own internal administration of the Plan, as well as PEBC and other administration activities.

Permitted Use and Disclosure of Protected Health Information

The Employer may only use and disclose protected health information it receives from the PEBC and from this Plan as permitted and/or required by, and consistent with, the Health Insurance Portability and Accountability Act of 1996 ("HIP AN') and its accompanying Privacy and Security regulations (found at 45 CFR Part 164), as amended. This includes, but is not limited to, the right to use and disclose a participant's protected health information, including electronic protected health infonnation, in connection with payment, treatment and health care operations.

The Plan and the PEBC wiii disclose protected health infonnation to the Employer only upon receipt of a certification by the Employer that the plan documents have been amended and adopted to incorporate all the required provisions as described below.

37

The Employer agrees to:

• Not use or furfuer disclose protected health information other than as permitted or required by the plan documents for this Plan or as required by law;

• Ensure that any agent agrees to the same restrictions and conditions thaI apply to the Employer with respect to such information. For example, a subcontractor to whom the Employer gives protected health information received from the Plan must agree to the same restrictions and conditions that apply to the Employer with respect to protecting such information;

• Not use or disclose the information for employment-related actions and decisions; • Not use or disclose the information in connection with any other benefit or employee benefit plml of

the Employer unless authorized by the individual; • Report to the PEBC in a timely manner and following PEBC procedures, on behalf of the Plan, any

use or disclosure of protected health information which the Employer becomes aware of that is inconsistent with the permitted uses or disclosures;

• Make protected health information available to an individual in accordance with the HIP AA Privacy rule's access requirements, through processes coordinated by the PEBC;

• Make protected health information available for amendment through processes set up by the PEBC and incorporate any amendments to protected health information consistent with the HIP AA Privacy rules;

• Make available the information required to provide an accounting of disclosures in accordance with the HIP AA Privacy rules, following processes established by the PEBC;

• Make its internal practices, books and records relating to the use and disclosure of protected health information received from the Plan available to the Secretary of Health and Human Services and to the PEBC for purposes of determining the Plan's compliance with the HIP AA Privacy and Security rules, as amended;

• Not retain copies of protected health information when no longer needed for the purpose for which disclosure was made. If feasible, the Employer will return to the Plan or destroy all protected health information received from the Plan that the Employer still maintains in any fonn. An exception may apply if retnrning or destroying infOlmation is not feasible, but the Employer must limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible;

• Not use or disclose genetic information for Plan underwriting purposes.

Effective April 2], 2005 (the effective date of the Security rules), your Employer agrees to:

• Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that is creates, receives, maintains, or transmits on behalf of the Plan;

• Ensure that any agent to whom it gives electronic protected health information agrees to implement reasonable and appropriate security measures to protect such information;

• Report to the PEBC in a tinlely manner and following PEBC procedures, on behalf of the Plan, any security incident involving electronic protected health information of which the Employer becomes aware.

Separation of the Employer and the Gr@up Health Plan

In accordance with HIP AA, only the following classes of employees or other persons may be given access to protected health information:

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81

• PEBC Executive Director and Executive Director's authorized staff; • The Plan's Privacy Officer and Security Officer; • The Employer's authorized staff for management and administration of employee benefits, which

may include Human Resources Department individuals; • Financial, operations and eligibility personnel responsible for managing the accuracy of eligibility

and payments required under the plan; • Members of the committee and governing body that reviews and makes decisions on claim denials,

appeals and grievances; and • Information technology personnel, including network administrators, who maintain human resource

and benefits systems, e-mail systems, voicemail systems, or other information transmission systems used to transmit, store or manage protected health information.

The persons described above may only have access to and use and disclose protected health information for plan administration functions that the Employer performs for the Plan, or which the PEBC performs on behalf of the Employer. Except as permitted by the HlP AA Privacy rules, no other persons shall have access to protected health information. Effective April 21, 2005, the Employer shall ensure that the separation between the Plan and the Employer is supported by reasonable and appropriate security measures.

The Employer shall provide an effective mechanism for resolving any issues of noncompliance by such employees or persons. The Employer will comply with PEBC policies and procedures to safeguard protected health information, including reporting issues of noncompliance and potential breaches of unsecured protected health information to the PEBC Executive Director. If the persons described above do not comply with this plan document, the Employer shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions.

Policy Revision Effective Date: Janua/)ll. 2010

ARTICLE 11

AMENDMENT OF THE PLAN

The Employer has the right to modify, alter or amend this Plan in whole or in part, at any time, provided, however, that no such amendment shall diminish or eliminate any claim for any benefit to which a Participant has become entitled prior to such amendment. Notwithstanding the foregoing, the Employer shall have the limited right to amend the Plan at any time retroactively or otherwise, in such respects and to such extent as may be necessary to fully qualify it as a "cafeteria plan" under existing and applicable laws and regulations, including Section 125 of the Internal Revenue Code and if to the extent necessary to accomplish such purpose, may by such amendment decrease or otherwise affect benefits to which Participants may have already become entitled.

39

ARTICLE 12

TERMINATION OF THE PLAN

This Plan has been established by the Employer with the intent of being maintained for an indefinite period of time. However, the Employer reserves the right at any time to terminate or partially terminate the Plan. Should the Employer decide to terminate or partially terminate the Plan, the Plan Administrator shall be notified of such termination in writing and shall proceed at the direction of the Employer to take the necessary steps to discontinue the operation of the Plan in an appropriate and timely manner.

ARTICLE 13

MISCELLM'EOUS

13.1 No Contract of Employment: Nothing in this Plan is intended to be or shall be construed as constituting a contract or other arrangement between any employee and the Employer to the effect that such employee will be employed for any specific period of time. All employees are considered to be employed at the will ofthe Employer.

13.2 No Gnarantee of Non-Taxability: This Plan is designed and intended to be operated as a "cafeteria plan" under Section 125 of the Code. Nonetheless, neither the Plan Administrator nor the Employer makes any commitment or guarantee that a Participant's benefits will be excludable from the Participant's gross income for federal, state or local income tax purposes. It is the obligation of each Participant to determine whether each payment under this Plan is excludable from the Participant's gross income, and to notify the Plan Administrator if the Participant has any reason to believe that such payment is not excludable. Neither the Employer nor Plan Administrator shall in any way be liable for any taxes or other liability incurred by a Participant or anyone claiming tlu'ough him or her by virtue of participation in this Plan. The Plan does not prohibit the payment of taxable benefits under certain of the Component Plans.

13.3 Nondiscrimination: In accordance with Section 125(b)(1) and (2), Section 129(d), and Section 105 of the Code, the Plan is intended not to discriminate in favor of Highly Compensated Employees as to eligibility to participate or as to contributions and benefits, nor to provide more than 25% of all statutory nontaxable benefits to Key Employees. If, in the operation of the Plan, more than 25% of the total nontaxable benefits are found to be provided to Key Employees, or the Plan discriminates in any other manner (or is in danger of so discriminating), then notwithstanding any other provision contained in this Plan, the Plan Administrator shall reduce or adjust sucb contributions and/or benefits under the Plan as shall be necessary to assure that, in the judgment of the Plan Administrator, the Plan will not discriminate.

All rules, procedures and decisions of the Plan Administrator shall be adopted, made and/or applied in such fashion that they do not discriminate in favor of Highi y Compensated Employees and Key Employees. It is intended that these nondiscrimination rules be applied as required by Section 125 and applicable regulations.

40

83

13.4 Construction of Agreement: This Plan shall be construed, administered and enforced according to the laws of the State of Texas to the extent not superseded by the Code or other federal law. All rights, duties and obligations created by virtue of this Plan shall be legally enforceable by the appropriate parties.

13.5 Headings: The headings of sections and subsections in this document are for ease of reference only and are not to be regarded as part of this Plan or as indicating or controlling the meaning or construction of any provlslOn.

13.6 Severability: In the event that any provision of this Plan is held illegal or invalid for any reason, the remaining provisions of this Plan will not be affected. All remaining provisions shall be fully severable and this Plan shall, to the extent practicable, be construed and enforced as if the illegal or invalid provision had never been inserted.

13.7 Non-Alienation of Benefits: Except as expressly provided by the Plan Administrator, no benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assigmnent, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any mam1er be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person.

13.8 Effect of Mistake: In the event of a mistake as to the eligibility or participation of an employee, or the allocations made to the account of any Participant, or the amount of benefits made or to be made to a Participant or other person, the Plan Administrator shall, to the extent it deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as it will in its judgment accord to such Participant or other person the credits to the account or distributions to which he or she is properly entitled under the Plan. Such action by the Plan Administrator may include withholding of any amounts due the Plan or the Employer from Compensation paid by the Employer.

13.9 Plan Provisions Controlling: In the event that the terms or provisions of any sUil1mary or description of this Plan, or of any other instrument, are in any construction interpreted as being in conflict with the provisions of this Plan as herein set forth, the provisions of this Plan shall be controlling.

13.10 Incorporation by Reference: The actual terms and conditions of the separate Component Plans or insurance policies offered under this Plan are contained in separate, written documents governing each respective benefit, and they shall govern in the event of a conflict between the individual plan document and this Plan as to substantive content. To that end, each separate document as amended or subsequently replaced is hereby incorporated by reference as if fully recited herein.

13.11 Code Compliance: It is intended that this Plan meet all applicable requirements of the Code and all regulations issued thereunder. This Plan shall be construed, operated and administered accordingly, and in the event of any conflict between any part, clause or provision of this Plan and the Code, the provisions of the Code shall be deemed controlling, and any conflicting part, clause or provision of this Plan shall be deemed superseded to the extent of the conflict.

41

ARTICLE 14

SIGNATURE

The above Plan is hereby amended and restated, to be effective as of January 1, 2013, this ___ day of _________ ,20_,

Dallas County

By:-:::---:--:-.,----=---:c--c-______ _ Clay Jenkins, County Judge

Approved as to form

By: ~~=---~~~--~~----Dallas County District Attorney Office

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85

EXHIBIT A

COMPONENT PLANS

EFFECTIVE DATE: January 1, 2013

GROUP INSURANCE/BENEFIT PLANS:

PEBC EPO Medical Plan including Phannacy and Mental Health Components PEBC PPO Medical Plan including Phannacy and Mental Health Components PEBC Dental Plan Dental HMO Plan PEBC Vision Plan

OTHER COMPONENTS:

Health Care Spending Account Plan Dependent Care Spending Account Plan

A-I

86

DALLAS COUNTY PURCHASING DEPARTMENT

January 8, 2013

TO:

THROUGH:

FROM:

Commissioners Court I

Shannon S. Brown, Purchasing Agent ~ Gloria Torres, Supervisor

SUBJECT: Render Firm Susceptible for Award Consideration/Contract Negotiations -RFP 2013-009-6198 Request for Proposal for Mainframe Hosting Solution for Dallas County

Background On November 26, 2012, the Purchasing Department received six (6) proposals in response to the aforementioned solicitation. The responding firms are Alicomp, Baer Consulting, Data Dallas Corporation, Data Management, Mainframe Software Management and Maintec Technologies. The purpose ofthis briefing is to recommend staffbe permitted to enter into contract negotiations witb the firm deemed most qualified for award consideration.

Operational Impact The intent of this solicitation is to enter into a contract with a professional firm to implement a Mainframe Hosting Solution that will provide continued support and hosting on tbird party mainframe equipment at the third party data centers. Ultimately, all applications will be removed and the mainframe hardware/software retired. The rating criteria and points assigned are as follows:

I Criteria Points I Cost for Services 30 II Proposed Program Content 35 III Operational Experience 20 III MIWBE Participation 15 ,

Total 100

The proposals were evaluated and scored by representatives of the following County departments: Budget Office, District Attorney's Office and IT Depaliment (2 representatives). The MIWBE Coordinator solely evaluated and scored the M/WBE Compliance Section.

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653-743 I • Fax (214) 653-7449 • [email protected]

RFP for Mainframe Migration January 8,2013 Page 20f2

87

The evaluation committee independently scored each proposal. A meeting was held on December 19, 2012 to review the scores and determine the vendor most susceptible for award. Based on the evaluation committee's review, Data Management, is recommended as the vendor most susceptible for award consideration.

In the event the County cannot reach an agreement with the selected finn by negotiation of a contract, the county may fonnally end negotiations by written notification to the finn. At the County's discretion, the County may than choose to enter into negotiations with the next most highly ranked finn and attempt to negotiate a contract with that finn. The process will continue until the County has successively negotiated a contract or rejects all proposals from award consideration,

Legal Impact In accordance with the RFP and Section 262,030 of the Texas Local Govcmment Code, attached for the Court's confidential review is a copy afthe committee's consolidated scores and preliminary pricing informati.on.

Recommendation Based on the evaluation committee's consolidated scores, staff recommends that the Commissioners Court render Data Management as the susceptible firm for award consideration and authorize staff to proceed with entering into final contract negotiations with respect to RFP 2013-009-6198 Request for Proposal for Mainframe Hosting Solution for Dallas County.

Should the Court concur the aforementioned recommendation a Court Order will be scheduled for the next available Ponnal Agenda.

DALLAS COUNTY PUBLIC WORKS

December 17, 2012

MEMORANDUM

TO: Commissioners Court

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

SUBJECT: Denton Drive/Harry Hines Sidewalks MCIP Project 10217 A

i\S CQUNTY 11 IjS COURT

13JI'lN-2 AM!O:07

Modification No.1 to Scope of Services of Consultant Engineering Contract

BACKGROUND

This Agreement is to be entered into in order to amend the Consultant Engineering Contract (the "Contract") between Arredondo, Zepeda & Brunz (the "Consultant") and Dallas County (the "County"), for Denton Drive/Harry Hines Sidewalks, MCIP 10217 A (the "Project").

Pursuant to Court Order 2011-1438 dated August 23,2011, the Consultant was awarded a contract for the design engineering services for the Project in the amount of $404,575.00. The Consultant and the County have deemed it necessary to execute Modification No. I to the Scope of Services for a not to exceed amount of Eighty-Three Thousand, Six Hundred Seventy-Seven Dollars and no cents ($83,677.00) in order to complete additional services as detailed in Attachment A.

FINANCIAL IMPACT

By execution of the attached Modification No. I of the Scope of Services, as detailed in Attachment A, the Contract with the Consultant is amended and estimated to cost an additional Eighty-Three Thousand, Six Huudred Seventy-Seven Dollars and no cents ($83,677.00), as detailed in Attachment "B", increasing the total Contract amount not to exceed Four Hundred Eighty-Eight Thousand, Two Hundred Fifty-Two Dollars and no cents ($488,252.00). All expenditures by the County for the performance of these governmental fWlctions of improving this street shall be made from cun'ent revenues available to the County.

Commissioners Court December 17, 2012 Page 2

TERM

The term of this Agreement shall be from the last date of execution of this Agreement until the completion of the Project and final payment as provided herein.

STRATEGIC PLAN COMPLIANCE

Dallas County partners with consultants and many cities in Dallas County to implement transportation projects, which is consistent with Vision I: Dallas County is a model interagency partner; Vision 4: Dallas County proactively addresses critical regional issues; and Vision 5: Dallas County is the destination of choice for residents and businesses.

RECOMMENDATION

It is recommended that the County Judge be authorized to execute the attached Modification No. between Arredondo, Zepeda & Brunz, LLC and the County of Dallas for the purpose of providing the changes to the Scope of Services for Denton Drive/Harry Hines Sidewalks, MCIP Project 10217 A, thereby increasing the total amount of the Project not to exceed $488,252.00 to be paid from the MCIP Fund 196. If Commissioners Court is in agreement, a court order will be placed on the next formal agenda authorizing the execution of this agreement.

Approved by:

Alb a L. Blmr, P.E. Director of Public Works

Attachments (Modification No. I to the Scope of Services, Attachment A, and Attachment B)

~u

MODIFICATION NO.1 TO THE SCOPE OF SERVICES

HARRY HINES SIDEWALKS MCIP PROJECT 10217 B BETWEEN

COUNTY OF DALLAS, TEXAS And

ARREDONDO, ZEPEDA AND BRUNZ

This Agreement is entered into this day of , 2012, to amend the Consultant Engineering Contract between Arredondo, Zepeda, & Brunz LLC (AZ&B,LLC), (the "Consultant"), and the County of Dallas, Texas, (the "County"), for the Harry Hines Sidewalks, MCIP Project 10217 B, from Manana to North of Royal Lane (the "Project").

Whereas, pursuant to Court Order 2011-1438 dated 08/23111, AZ&B, LLC, was awarded a contract for the design engineering services for the Harry Hines Sidewalks, MCIP Project 10217 B, from Manana to North of Royal Lane (the "Project"), in an amount of$404,575.00 and:

Whereas, it is necessary to increase contract amount by $83,677.00 in order to complete additional services as detailed in Attachment A.

NOW THEREFORE, by execution of this Modification No.1 the engineering services contract is hereby amended with respect to items and features described below:

I. PURPOSE:

A. To prepare an additional alternative layout options and to redesign the ramp configuration plans for the project as more fully detailed in Attachment A (Scope of Services).

B. To prepare an illustrative sketch and/or 3D study model to show property owner how the new layout will affect the view to their business.

C. Summary of Fees as more fully detailed in Attachment B (Compensation).

II. EFFECT OF MODIFICATION:

By execution of this Modification No. 1 to the Scope of Services of the Oliginal Contract, as approved by Dallas County Commissioners Court Order 2011-1439 dated 08123/2011, is amended hereby with respect to the sections described below. No other sections, provisions, clauses or conditions of the contract are waived or changed hereby, and they shall remain in full force and effect throughout the term of the Original Contract and any duly authorized extensions.

III. AMENDED PROVISIONS

A. Article 11.3 (Special Services) - This section is amended to include the Spocial Services Identified in Attachment A of this Modification No.1.

B. Article IILl (Total Services Fee) - Total Services Fee in ARTICLE III. I "Total Services Fee" of the Contract is now increased from Four Hundred Four Thousand, Five Hundred Seventy-Five Dollars and no cents ($404,575.00) to FOllilr Hundred

Modification No. J -/Harry Hines 5,'idewalk (10217 BJ 10-12

9 1

Eighty-Eight Thousand, Two Hundred Fifty-Two Dollars and no cents ($488,252.00).

C. Article III.3 (Special Services Fee) - The COUNTY shall pay CONSULTANT Special Services fees in the total amount not to exceed Two Hundred Twenty Thousand, Seven Hundred Ninety-Four Dollars and no cents ($220,794.00), provided, however, that modifications to the Scope of Services, or other conditions defined herein may necessitate a change of Fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the tenns of this Contract. Payment for Special Services fees may be applied for after costs have been incurred, but no more frequently than monthly, based upon detailed invoices. CONSULTANT'S invoices to COUNTY shall provide complete infonnation and documentation to substantiate CONSULTANT'S charges and shall be in a form to be specified by Director. All payments to CONSULTANT shall be made on the basis of the invoices submitted by CONSULTANT and approved by Director. Progress payment requests shall be accompanied by digital files through the date of payment request in a fonn which can be checked as to manageability. Should additional backup material be requested by the Director, CONSULTANT shall comply promptly with such request. In this regard, should the Director detennine it necessary, CONSULTANT shall promptly, but in no event later than thirty (30) days from the date of notice, make all its records and books related to this Contract available to COUNTY for inspection and auditing purposes.

IV. EFFECTIVE DATE:

This Modification No.1 shall be effective on the date the last duly authorized agent signs the Modification.

IN WITNESS WHEREOF, by the signatures below of the duly authorized agents of the County of Dallas, Texas and Arredondo, Zepeda, & Brunz LLC, hereby agree to append this Modification No. 1 to the Scope of Services with no charges to any sections, provisions clauses or conditions of the original contract for the consulting engineering services as authorized by court order 2011-1439 dated 08/23/2011, thereby increasing the amount not to exceed to $488,252.00 to be paid from the MCIP Fund 196.

Modification No. J - IHarryHines Sidewalk (10217 m 10·12

2

The County of Dallas, State of Texas, has executed this Modification No.1 to the scope of services pursuant to Connnissioners Court Order Number and passed on the day of _________ , 2012.

Arredondo, Zepeda & Brunz LLC

Printed Name

Title

DATE: _--f,.;1 Z."'-~__'(_=3_~-'-/7-_

By:

County of Dallas

BY: ~~~~~~~~~_ Clay Lewis Jenkins Dallas County Judge

Date: ________ ~

DALLAS COUNTY CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION

r~ 'L{ ).Jutlr V~

~ "

Sherri L. Turner Assistant District Attorney

*8y law, the District Attorney's Office may only advise or approve contracts or ilegal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our reviiew of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

Modification No. 1 ~ IHarrv Hines Sidewalk (l02l? B! 10-12

]

93

SCOPE OF SERVICES Attachment A HARRY HINES PEDESTRIAN CONNECTOR

SUPPLEMENTAL AGREEMENT NO.1

BACKGROUND The contracted scope generally includes providing certain professional services for the plans, specifications and estimates (PS&E) for the pedestrian bridge over Harry Hines Boulevard and associated site work on the north side of Walnut Hill Lane. The scope was based on providing Schematic Design (30%) and PS&E for the development of the Master Plan, approved by Dallas County on 911912008. The Master Plan was included as Attachment E in the Subcontract for Professional Services.

HNTB began the Schematic Design (30%) task by adapting the layout depicted on the Master Plan to reflect the survey information and input received during initial team meetings. The adaptations to the layout were carefully considered to retain the original intent of the Master Plan. Several additional alternative layouts were developed to study options resulting from changes to driveway locations and other requests from the County. The County conducted a stakeholder meeting and as a result of this input required significant redesign of the layout to provide a relocated driveway access. from Harry Hines Boulevard to the property at the Northeast corner and to change to a single ramp solution for each bridge approach. The redesign is intended to minimize impacts to the commercial uses at the Northeast and Northwest corners, while retaining some of the basic overall character of the Master Plan.

At the GDAACC meeting on 1010812012, the County asked HNTB to redesign the ramp configuration again in an attempt to open even more views to the northeast business. The County also asked HNTB to prepare illustrative sketches or a 3D study model to show the property owner how the new layout will affect the view to their business.

The HNTB contracted scope is also impacted by the request to include a TxDOT Design Schematic submittal in addition to the 30% Design submittal. This request was made at the Design Partnering IKickoff Meeting.

A more specific description of the additional services follows:

SPECIAL SERVICES - ADDED TO THE SCOPE

Task 1 - Layout Options and Redesign

1.1 Prepare Additional Alternative Layouts Provided additional layout options developed in advance of the February 2012 stakeholder meetings. This included preparing layout plans that included symmetrical ramps, concentric ramps, and spiral ramps options, including stair and wall changes. These layouts included key spot elevations.

1.2 Redesign of Preliminary Layout Plan Redesign the layout plan including revisions to the northeast and northwest corners based on the team discussion of stakeholder comments on March 30,2012. Prepare the redesign based on the relocated driveway and related truck access alignment to the property at the Northeast corner that will be

Harry Hines Pedestrian Connector SA No.1 - Scope of Services

Page 1 of 6



prepared by others. Produced one (1) revised layout plan advanced to a preliminary level consistent with prior layout options.

1.3 Attend Progress Meetings Attended four (4) progress meetings to coordinate the redesign efforts.

Deliverables: • 1 pdf file of the alternative layouts (11"x17" format). • 1 pdf file of the preliminary layout plan (11 "x17" format).

Task 2 - Layout Redesign

2.1 Attend Progress Meetings Attend three (3) meetings to coordinate the redesign efforts.

2.2 Redesign of the Preliminary Layout Plan per GDAACC Redesign the preliminary layout plan based on the direction given during the GDAACC meeting held on 10/08/2012.

2.3 Revise Layout Plan per Follow-up Stakeholder Meeting Make one round of revisions to the preferred layout plan based on direction resulting from input obtained during the follow-up stakeholder meeting. This layout will be advanced to a preliminary level consistent with prior layout options. Graphics will be black and white line drawings.

Deliverables: • 1 pdf file of the revised layout plan for Follow-up Stakeholder meeting

(11"x17" format). o 1 pdf of the revised layout plan following Stakeholder and County input.

(11"x17" format).

Task 3 -Illustrative Sketch

3.1 Prepare Preliminary Sketch for Approval Prepare preliminary sketch of bridge and ramp structures from northbound on Harry Hines looking at northeast corner. This will be submitted for review/approval to establish the framework and perspective for the final sketch.

3.2 Take Photos at the Selected Viewpoint Travel to the site and take photos at the selected viewpoint.

3.3 Prepare final sketch with photo background Refine the preliminary sketch and prepare a composite image using the photo background.

Harry Hines Pedestrian Connector Page 2 of 6 SA No. 1 ~ Scope of Services

95



Deliverables: • 1 pdf file of the preliminary sketch (11"x17" format). • 1 pdf file of the final sketch (color, 11"x17" format).

Task 4 - 3D Model

4.1 Prepare Basic Framework of Bridge and Ramp Prepare the basic framework of the bridge structure and the ramp system. This will be based on the latest configuration from the layout redesign.

4.2 Build Site Context Surrounding context will be built into the model to help illustrate the relationship and visual impact of the proposed structure. This will include major existing features from the adjoining properties on the northwest and northeast corners of Harry Hines Boulevard and Walnut Hill Lane. The project limits established in the base agreement will define the boundary north, south, east and west for this 3D model.

4.3 Add Plaza, Stairs, Planters Proposed design features will be developed to illustrate the plaza. stairs and planters on each side of the pedestrian bridge. Because some of these elements are not fully designed, the model will communicate the design intent as it relates to the adjacent businesses.

4.4 Apply Surface Textures and Finishes Surface textures and finishes will be applied to the proposed design features to communicate the design intent.

4,5 Capture Views from Various Perspectives Views from various perspectives will be captured from the model and printed to pdf for use by the County in stakeholder discussions.

Deliverables: • 1 pdf file each of up to three (3) progress views (11"x17" format). • 1 pdf file each of up to eight (8) captured views (cotor, 11"x17" format).

Task 5 - TxDOT Design Schematic - Added Submittal

5.1 Additional Input for TxDOT Schematic Submittal Upon approval by Dallas County of the redesigned layout, HNTB will provide AZ&B with the revised plaza layout with key elevations noted on the drawing. AZ&B will prepare the plan and profiles of the bridge and ramp approaches, including horizontal and vertical curve information for insertion in the TxDOT roll plot schematic to be prepared by County. HNTB will provide input on the typical sections for bridge and approach ramps and provide an interim review of the AZ&B plan and profiles during production. HNTB's production efforts

Harry Hines Pedestrian Connector SA No. 1 ~ Scope of Services

Page 3 of 6



will be limited to providing electronic files of drawing files being developed for the 30% submittal for insertion into the TxDOT roll plot schematic to be prepared by the County.

5.2 Attend Client Coordination Meeting HNTB will attend one (1) meeting with AZ&B to coordinate the schematic design efforts.

5.3 Input on opinion of probable construction cost HNTB will prepare opinion of probable construction cost for HNTB items (bridge. walls (HNTB design). railing. screen fence. furnishings and landscape ).

5.4 Attend TxDOT Schematic Review Meeting H NTB will participate in one (1) schematic review meeting with the County and TxDOT to discuss review comments prepared by TxDOT.

5.5 Attend Client/County Review Meeting HNTB will participate in one (1) schematic review meeting with AZ&B and the County to discuss review comments prepared by TxDOT and issues related to proceeding with the 30% drawings. Comments to the TxDOT Schematic that involve revisions and additional submittal(s) for TxDOT Schematic approval will be prepared by the County and AZ&B.

Deliverables: • Digital copies of the HNTB revised plaza layout in MicroStation format. • Opinion of probable construction cost for HNTB items (Excel).

Exclusions: • HNTB will not perform the TxDOT format review of the full submittal. • HNTB will not provide input and production effort to revise the roll plots

to address TxDO T review comments and for additional submittal( s) of the roll plots that may be required for Schematic approval.

Direct Expenses

Mileage, Printing, and Miscellaneous Expenses

HNTB will travel to the project site as needed or requested up to the amount described in Attachment B - Compensation. and will be reimbursed by AZ&B as a reimbursable expense. Printing and miscellaneous expenses as described in Attachment B - Compensation will be reimbursed by AZ&B as a reimbursable expense.


Page 4 of 6

8 (



ADDITIONAL SERVICES

The following services may be provided as additional services if so requested and approved by AlB:

• Project progress or coordination meetings that exceed the number of meetings identified in the Scope;

• Any printing or reproduction requests that either exceed or are not outlined in the listed deliverables;

• Public involvement or participation in public meetings beyond the amount listed;

• Redesign of the ramp configuration after item 2.2 is submitted. Item 2.3 is for minor revisions only, not ramp reconfigurations.

• 3D model revisions beyond the hours estimated in Task 4 above.

AZ&B RESPONSIBLITIES

The following is an outline of responsibilities of AZ&B related to the Additional Services described above.

• Project management services including County coordination, subconsultant coordination and document submittals.

• Full civil engineering services for the TxDOT Schematic roll plot sheet preparations for the site improvements including driveway locations, fire lanes, plan/profiles, typical sections, drainage and other submittal requirements not specifically provided by HNTB.

• Structural engineering services associated with the plaza retaining walls and stairs.

• Geotechnical engineering services. • Subsurface and overhead utility engineering services. • Electrical engineering services.

DALLAS COUNTY RESPONSIBLITIES

The following is an outline of responsibilities of Dallas County related to the Additional Services described above.

• Production of the TxDOT Schematic design roll plots and cost estimate for the project.

• Review of submittal for TxDOT format. • Revisions and additional submittal(s) of the TxDOT Schematic rolf plots

necessary to obtain Schematic approval. • Organizing the stakeholder meeting and the TxDOT Schematic Review

Meeting. • Communications with stakeholders including documentation.


Page 5 of6

88

SCOPE OF SERVICES HARRY HINES PEDESTRIAN CONNECTOR


Harry Hines Pedestrian Connector SA No. 1 ~ Scope of Services

Attachment A

Page 60f6

ATTACHMENT B - COMPENSATION

Supplemental Agreement No.1

Harry Hines Pedestrian Connector

October 24, 2012

TASKS

Task 1·layout Options-and Redesign

1.1 Prepare Additionsl A~ernaflve Layouts

1,2 Redesign of Preliminary Layout Plan

1.3 Progress Meetings (4)

SUBTOTAL SUBTOTAL FEE

Task 2 " La~ut_Rede!ilgn 2.1 Progress Meetings (3

2.2 Redesign of the Preliminary Layout Plan per GDAACC

2.3 Revise Layout Plan per Fo~ow-up Stakeholder Meeting

SUBTOTAL SUBTOTAL FEE

Task S.llh.isll'ative Sketch

3.1 Prepare Preliminary Sketch for Approvaf

3,2 Take Photos at the Selected Viewpoint

3,3 Prepare Sketch wi Photo Background

SUBTOTAL

SUBTOTAL FEE

TilSkA· 2D Model " , ,','

4,1 Prepare BasiC Framem>rk of Bridge and Ramp

4,2 Build Site Contexl

4.3 Add Pfa"a, Stairs, Planters

4.4 Apply Surface TexlureS and Finishes

4.5 Caotura Views from Various Perspectives

SUBTOTAL

SUBTOTAL FEE

Task 5. T~DOT Design SchematiC

5.1 Additional input forTxOOT Scherl'.atk: Submittal

5.2 Attend Clienl Coordination Meeting (1)

5.3 Input 00 Opi!1ion 01 Probable Construction Cost

5.4 Attend rxDOT Schematic Review Meeting (1)

5.5 Aftend Client/County Review MelOling (1)

SUBTOTAL

SUBTOTAL FEE

TOTAL HOURS

TOTAL FEE

PROJ SRLA MANAGER

" 40 '" 12 e

76 72

$10,716.00 $11,880.00

6 12

" 40

6 12

38 64

$5,356.00 S10,560,00

2

2

2

6 0

$846.00 $0_00

8 , , 16 4 , 8

" 6

$6,204.00 $990.00

2 4

2 2 , 2 2

2 , 12 10

$1,692.00 $1,650.00

176 152

$24,816 $25,tl80

99

SRARCH

0

W.OD

0

$0.00

..

8

2

12

22 $3,366.00

0

$0.00

0 $0.00

22

$3,366

LA LA BRIDGE WALL DESIGNER ENGINEER ENGINEER

40 4

12 12

<0 0 " 12 $4,660.00 $0,00 $1,624.00 $1,584.00

... -

32 12 12

16 8 8

0 " 20 20

$0.00 $3,312.00 52.280.00 52,640.00

..

0 0 0 0 $0,00 $0,00 $0,00 $0.00

... .. . ., 24

" 24

" 0 , .. 0 0

$0.00 $9,936.00 $0,00 $0.00

.

4 4 4

2

4 4 4

2

2

0 8 " 12 $0.00 $552,00 Sl,140.00 $1,584.00

40 200 46 .. $4,6BD I $13,800 $5,244 $5,808

EXPENSES

Printing allow

Courier , " $50

M~eage 240 mlles $0_555 Tolls allow

TOTAL EXPENSES

TOTAL FEE {LABOR, OVERHEAD & PROFIT)

TOTAL EXPENSES

TOTAL

SUBTOTAL

55

'28 20

0

'" 530,684.00

.

18

120

52

0

190

$24,150.00

" 4

14

0

28

$4,212.00

" 28

60

" 24 0

104 $17,130.00

16

6

16

6

6

" $6,818,00

660

$82,794

$500

$200

$133

$50

$883

$82,794

$883

$83,677


December 28,2012

MEMORANDUM


1UU

THROCGH: Mike Cantrell, Commissioner District No.2

FROM: Alberta L. Blair, PE Director of Public Works

, DMU,S COUNTY COlilllSSlOthcflS COURT

13JMI-2 M'fIO:07

SUBJECT: PLEASANT VALLEY ROAD MCIP PROJECT 22009 (Firewheel Parkway to Richfield Drive) CONTRACT FOR PROJECT CONSTRUCTION

BACKGROUND

Pleasant Valley Road from Firewheel Parkway to Richfield Drive was selected in the third call for projects for the Major Capital Improvement Program for Program Year 2012. The project is located in Road and Bridge District 2 and in the City of Garland.

Dallas County and the City of Garland have entered into MASTER AGREEMENTS GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS. Dallas County and the City of Garland have executed a SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT for this project pursuant to Court Order 2010-2015 dated December 7, 2010. By City Resolution No. 9960 the City of Garland approved the amount of City project costs stated in the SUPPLEMENTAL AGREEMENT. The County is designated as the LEAD AGENCY for the project.

Bids were received for Pleasant Valley Road MCIP Project 22009 (Bid No. 2013-008-6189) from Firewheel Parkway to Richfield Drive on November 15, 2012, with Ed Bell Construction Co. submitting the best and lowest bid in the amount of $5,364,563.40 including Alternate No. 2 and Partnering Workshop.

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

Commissioners Court Page Two

PROJECT SCHEDULE

1 0 1

A total of 320 working days have been allocated for the construction contract. It is anticipated that actual construction of the project will begin in February 2013 and will be completed around Fall 2014.

OPERATIONS AND BACKGROUND

Construction of this project, i.e., reconstruction of Pleasant Valley Road, will provide improvement of the existing inadequate facility. After construction of the project, Pleasant Valley Road will be maintained by the City of Garland.

FINANCIAL IMPACT

On November 15, 2012, bids were received for the subject project as follows (including Alternate No.2 and Partnering Workshop; detailed bid tabulation is attached):

Ed Bell Construction Co. Tiseo Paving Company Austin Bridge & Road Lone Star Civil Quality Excavation Rebcon, Inc.

$5,364,563.40 $5,487,441.40 $5,767,712.23 $5,791,172.92 $5,958,603.40 $6,175,978.54

The City of Garland's total cost for funding including City requested items is $2,860,825.85.

MIWBE PARTICIPATION

A report from the MinoritylWomen Owned Business Enterprise Office is attached.


The County has worked with the City of Garland and numerous agencies and utilities on this project which is consistent with Vision 1: Dallas County is a model interagency partner. This project will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and businesses.

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

Commissioners Court Page Three

RECOMMENDATION

1UZ

Ed Bell Construction Co. has performed in a satisfactory manner on previous similar projects. If Commissioners Court is in agreement, a court order will be placed on the next formal agenda authorizing the award of a construction contract with Ed Bell Construction Co. in an amount not to exceed $5,364,563.40 to be paid $2,503,737.55 from MCIP Fund 196, Project 8201, with the remaining $2,860,825.85 to be reimbursed by the City of Garland.

Approved by:

Alb rta L BlaIr, P.E. Director of Public Works

Attachments: Bid Tab MlWBE Report

JLMlmg


PROJECT: PLEASANT VALLEY ROAD MCIP PROJECT 22009 LIMITS: FIREWHEEL PARKWAY TO RICHFIELD DRIVE

PROJECT MANAGER: JOHN L MEARS, P.E.

ITEM DESCRIPTION -_. SCHEDUlE 1 "PA.VING & DRAINA.GE

BID TAB

ED BELL CONST. TISEO PAVING CO.

(C(Q)[P))f 810: 2013·008·6189 D~TE: 11115f2f}12

LONE STAR CIVIL AUSTIN BRIDGE & ROAD QUALITY eXCAVATION REBCON

UNIT QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSiON UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION

->.

o w

jPRO.JF'CT: PLEASANT VALLEY ROAD MCIP PROJECT 22009 FIREWHEEL PARKWAY TO RICHFIELD DRIVE

IPROJECT MANAGER: JOHN L. MEARS, P.E.

BID TAB

EO BELL CONST. TISEO PAVING CO. LONE STAR CIVIL

BID: 2013·008-6189 O~TE: 11/15{2012

AUSTIN BRIDGE & ROAD QUALITY EXCAVATION REBCON

-'

o +>

PLEASANT VALLEY ROAD MCIP PROJECT 22009 flREWHEEL PARKWAY TO RICHFIELD DRIVE

jPROJECT MANAGER: JOHN L. MEARS, P,E.

SUBTOTAL SCHEDUU, 1 • PAVING & DRAINAGE ITEMS

SCHEDULE u· UTILITIES

SUBTOTAL SCHEDULE!! - UTILITY ITEMS

ALTERNArE NO 1· UNSPEC!FIED SOURCE

SU8TOTAL ALTERNATE NO 1 . UNSPEC!F!ED SOURCE

BID TAB

eo BELL CONST, Tiseo PAVING co,

$4,'l89,GSB.90 $5,174,886.55

$357,088.30 $311,554.85

$1.8(14,540.00 S2,408,94O.00

LONE STAR CIVIL

$5,363,721.42

$295,160.47

$2,651,093.81

BID: 2013·008·6189 D~TE; 11115/2012

AUSTIN BRIDGE & ROAD QUALITY EXCAVATION

$5,545,311.50 $5,685,404.40

$255,150.75 $258,999.00

$2,428,870,00 $2,522,392.00

REaCON

$5,810,341.45

$'04,137.09

$2,774,503.00

-'

o 01

PROJECT: PLEASANT VALLEY ROAD MCIP PROJECT 22"009 LIMITS: FIREWHEEL PARKWAY TO RICHFIELD DRiVE

PROJECT MANAGER: JOHN l. MEARS, P,E.

BID TAB

ED BELL CONST. TISEO PAVING CO, LONE STAR CIVIL

BID: 2G13·GGB-S189 DAiE: 1111512012

AUSTIN BRIDGE & ROAD QUALITY EXCAVATION RESCON

\ ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION AlTERNATE NO.;! <1.7NO~

SUBTOTAl AI.. TERNATE NO 2.' "1.7NO~

599 PAlnNERING WORKSHOP

SUBTOTAl: SCHEDULE 1 - PAVING 8. DRAINAGE (DRY KJLN)

suaTOTAL: SCHEDULE II" UTILITIES

TOTAl BID (INCLUDING PARTNERING WORKSHOP):

SUBTOTAl.., ALTERNATE BID NO 1 (UNSPECIFIED SOURCE) rOTAL atD (INCLUOING PARTNERINC> WORKSHOP 8. ALTERNATE 810 NO.1);

SU8TOTAL BJO~ ALTERNATE SID NO.2 (<:1.7 NO,,) TOTAL atD ~NClUDING PARTNERING WORKSHOP 8. ALTERNATE BID N02),

" $2,500.00

$1,819,856.20 52,408,94(1.00

$2,5(1).00 $1,000.00 $1.000.00

$4,S89.6Si>.90 $5,174.886.55 $&>7,088.30 $311,554.85

$5,349.247.20 $5.487,441-40

$1.804.540,00 $2.40a,S40.00

$5,319,,47,20 $s,48M41AO S1.alS.856.20 $2,408,940.00

$5)(;4.563.40 $5,457.441.40

$2,651,093.81 $2,454,250.00 $2,545.492.00 $2,n4,S01,0O

$1,469.91 $1,469.91 $500.00 $500.00 $5,:W0.OO $5,200.00 $1.500.00 $1,500.00

$5,363,721 -42 $5,545.311.50 $5,685.404.40 $5.870,341-45

$295,160.47 $255,150.75 $258,999.00 $304,137.09

$5.660.351.80 $5,800.962.25 $5.!<49,603.40 $$,175,978.54

$2.651.093,81 $2,4211,870.00 $2,522,392.00 $2,774,503.Q0

$5,791.122.92 $5,767,i12,25 $5,942.553.40 $$,115,918.04 $2,651.093.81 $2.454,250.00 $2,545,49200 $2,774,503,00

$5,791 ,172,92 $5,767,712.25 $5,958,603,40 $6,17S,97B.54

-'

C a

DALLAS COUNTY COMMISSIONERS COURT MinorityiWoman Business Office

MEMORANDUM

DATE: December 20, 2012

TO: John Mears, P.E. Gloria Torres, Senior Buyer

1 U (

FROM: Leftie T. Crawford, Minority Business Officer

SUBJECT: M/WBE Review of "Pleasant Valley Road, MCIP Project #22009 Firewheel Parkway to Richfield Drive" #2013-008-6189

The M/WBE evaluations for the subject bid are as follows:

Austin Bridge & Road, LP (Non-M/WBE Firm) The firm reports that they will perform the required duties with existing staff, as well as with the following certified firms:

M/WBE Firm T & R Excavating (HM) W. O. E. Construction (WF) K & S Utility (WF)

Amount $300,000 $500,000 $625,000

Ed Bell Construction Company (Non-M/WBE Firm)

2& 5.2% 8.67%

10.84%

The firm reports that they will perform the required duties with existing staff, as well as with the following certified firm:

M/WBE Firm Premier Paving Ltd. (HF) Brenda Price Trucking (WF) Brock Environ. Svcs., LLC (WF) Texas Environ Mgmt, Inc. (WF) K & S Utility (WF) C. T. & S, Inc. (WF) American Striping Co. (WF)

Amount $372,405 $100,000 $ 16,800 $ 34,000 $550,000 $130,000 $ 40,270

Lone Star Civil Construction. Inc (Non-M/WBE Firm) The firm did not submit any of the required M/WBE forms.

Qualitv Excayation (Non-M/WBE Firm) The firm did not submit any of the required MjWBE forms.

2&. 6.94% 1.86% 0.31% 0.64%

10.28% 2.42% 0.75%

509 Main Street, Suite 613, Dallas, Texas 75202 214-653-6018 (Of c) 214-653·7449 (Fax)

108

Page 2

M/WBE Review of "Pleasant Valley Road, MCIP Project #22009; Firewheel Parkway to Richfield Drive" #20123-008-6189

Rebcon. Inc. (Non-M/WBE Firm) The firm reports that they will perform the required duties with eXisting staff, as well as with the following certified firm:

M/WBE Firm C. T. & S, Inc. (WF) One Horse Contracting (WF) Universal Fence (WF) American Striping Co. (WF)

Tiseo Paving (Non-M/WBE Firm)

Amount $155,200 $ 9,500 $ 4,456 $ 40,270

0/0

2.51% 0.15% 0.07% 0.65%

The firm reports that they will perform the required duties with eXisting staff, as well as with the following certified firm:

M/WBE Firm T & R Excavating (HM) Brock Environmental (WF)

Amount $374,354 $ 10,975

cc: Commissioners Court (thru Darryl Martin)

2t!! 6.82% 0.20%

________________ .. ________ . ____ .__ Bid Summary _____ . ___ _ f------ PLEASANT VALLEY ROAD, MCIP PROJECT 1122009 .

FIREWHEEL PARKWAY TO RICHFIELD DRIVE -- --- - 112013.008-6189-----------

f------ -. ~.~--.. r-=:==:------:--+------- -------+----§~~':~~-=--=p~7~~f~~~~;~~t~~g·,. _ .. _ .. ~M~~:---MJW;~a:06ilt M";~~~ 1-----__ =-~~i==---------1'i"c2, E. Construction -""£.__ __ __ $50Q,QQ~ ___ !:l§7%

:::-~-_-::-:-_-__ .• ---=-~_-___ -~-----~-••• -:_-_-__ -:_~.J~~-s Uti~~==_--_~ W;=I_. - ~~~~:~~zt==~~~;~ lEd Sell Constru"ti""-~o_"!!''!''}'J_ $S,364,563.40fPremierpaVing !:1M _._ = ___ .__ $372,1~_~.94%

. ISre~da Price Truckin!L WF $100,OOOj ___ JJ!6%, 1----- _______________ I ._._. _______ .. ISrockEnviron.Svcs. _ WF $16,800 ___ ~.31%

... __________ .. ____ .IT_exas E_'l"iron. Ml!ll1t"-~":"F'_ 1--- ____ $34,000, 0.6~~,

~-.:--- -.-:t _ .. ___ .~&SUtility WF $55Q.~OOI __ ._.1o.25'J'o

E=.--.. -=-----~¥=-~-.... -.---==:=-=--=-=f~~~C~~~9.g-~,--~~- __ ._._. =-__ --_$-1_~_it_~_:~~:-. -~:~

~:~'=ti~:i:::~:~~-~=:~~;=~t-;: ~·_co_-~_··~·~~·.==:===- __ I-·----$~~::--~8_-.5_4 g: ~!;~n~nfr-ac-:: ~w~-_==:---- $li~~;~%~=--==--·~-.~;~ f------.. ----.------.---,-----t---,,"----------.----.. l~~~~i~~ ~trJ~~g ___ ~~ __ .~~~5,1~~~_~_:~~'~.

j'""o~~-=_=-r"~c,,,:~~_____Ii- -=~:~~ ~~~ ~ _______________ ~ __ .____ _ ___ -+_ __ . _ $385,329 __ . __ .L02'}'.,

I~::';:::.::::::,~:~-t:.:_=~~~c-~~ d: E:=.~_ --=

-'

o CD

1 1 U

December 13,2012

MEMORANDUM



SUBJECT: FUNDING AGREEMENT BETWEEN DALLAS COUNTY AND STATE OF TEXAS for a Surface Transportation ProgramMetropolitan Mobility Project (CSJ #: 0196-06-028) Loop 354 (Harry Hines Boulevard) MClP Project 10217-A for pedestrian structures and sidewalks along from Manana Drive to north of Royal Lane

BACKGROUND

This Local Project Advance Funding Agreement (LP AF A) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (the State) and Dallas County (the County) acting by and through its duly authorized officials. A Master Agreement between the County and the State has been adopted and states the general tenus and conditions for transportation projects developed through this LP AF A.

The Texas Transportation Commission passed an order that provides for the development of, and funding for, pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane, MClP Project 10217-A. The scope of work for this LPAFA is described as the design, installation, construction, and maintenance of pedestrian improvements and structures to include a pedestrian bridge overpass within the State's right of way north of Walnut Hill Lane; upgrade existing driveways and sidewalks to American with Disabilities Act standards; lighting on bridge columns, bridge underpass and pedestrian plaza on Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane.

FINANCIAL IMPACT

Estimated total project cost is Six Million, Four Hundred Seventy-One Thousand, Nine Hundred Seventeen Dollars and no cents ($6,471,917.00). Federal funding in the project is estimated to be Four Million, One Hundred Tbirtv-One Thousand, Four Hundred Dollars and no cents ($4,131,400.00), or 80% of the total project cost. State participation is estimated to be One Million, Three Hundred Fifty-Five Thousand, Seven Hundred Twenty-Four Dollars and no cents

1 1 1

($1.355,724,00, or 20% of the total project cost. Couuty participation is estimated to be Nine Hundred Eighty-Four Thousand, Seven Hundred Ninety-Three Dollars and no cents ($984,793.00).

TERM

The tenn of this Agreement shall be fi'om the last date of execution of this Agreement until the completion of the Project.


Dallas County partners with the City of Dallas and many other cities in Dallas County to implement transportation projects, which is consistent with Vision 1: Dallas County is a model interagency partner.

RECOMMENDATION

It is recommended that the County Judge be authorized to execute the attached Funding Agreement between the State of Texas and the County of Dallas in order to secure timding for the pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) u'om Manana Drive to north of Royal Lane, MCIP Project 10217-A. If the Commissioners Court is in agreement, a cOUli order will be placed on the next formal agenda authorizing the execution of this agreement.

Approved by:

Q~=--< ~~fa==--------Aibdrta L. Blair, P .E. Director of Public Works

Attachments (Funding Agreement between Dallas County and State of Texas)

STATE OF TEXAS §

COUNTY OF TRAVIS §

1 1 L

CSJ #: 0196-06-028 District #: 18-Dallas Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits: From Manana Drive to north of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development

LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT

For A Surface Transportation Program - Metropolitan Mobility Project

THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and Dallas County, acting by and through its duly authorized officials, called the "Local Government."

WITNESSETH

WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and,

WHEREAS, the Texas Transportation Commission passed Minute Order Number 113074 that provides for the development of, and funding for, pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane, the Project described herei n; and,

WHEREAS, the Project is included in a Municipal Maintenance Agreement (MMA) with the State; and,

WHEREAS, the Governing Body of the Local Gove~nTent has approved entering into this LPAFA by resolution or ordinance dated . . ···,·29~;fi, which is attached to and made a part of this agreement as Attachment Afor the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows:

AGREEMENT

1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception.

AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 05/04/2012

2. Termination of this LPAFA

1 1 3


Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds.

3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception.

4. Scope of Work The scope of work for this LPAFA is described as the design, installation, construction, and maintenance of pedestrian improvements and structures to include a pedestrian improvements and structures to include a pedestrian bridge overpass within the State's right of way north of Walnut Hill Lane; upgrade existing driveways and sidewalks to Americans with Disabilities Act standards; lighting on bridge columns, bridge underpass and pedestrian plaza on Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane.

5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception.

6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception.

7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained.

8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception.

9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law.


10. Construction Responsibilities


Construction responsibilities will be carried out by the State as stated in the Master Agreement.

11. Project Maintenance The Local Government shall be responsible for maintenance of the project as provided for in the existing Municipal Maintenance Agreement, dated December 18, 2006, with the State.

12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal

Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated.

B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project.

C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document.

D. The Local Government is responsible for all non'federal and non-state funding, including any project cost overruns, unless othellllllise provided for in this agreement or through amendment of this agreement.

E. Prior to the performance of any enQlineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's fundilllg share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs.

F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification.


1 1 5

CSJ #: 0196-06-028 District #: 18-Dallas Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits: From Manana Drive to north of Royal Lane Federal Highway Administration CFDA#: 20,205 Not Research and Development

G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund," The check or warrant shall be deposited by the State in an escrow account to be managed by the State, Funds in the escrow account may only be applied by the State to the Project If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government

H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities,

/. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds, Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit

J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds, If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.

K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs,

13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State, This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State,

AFA-LPAFA_ShortGen,doc Page4018 Revised 05/04/2012

1 1 6


14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the goveming provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement.

15. Insurance If this Agreement authorizes the Local Govemment or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work.

16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further c€)rtifies that it wilt not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification.

17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project.

18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address:

Local Government:

Director of Public Works Dallas County Public Works Dallas County 4'11 Elm Street, 4th Floor Dallas, Texas 75202

State:

Director of Contract Services Texas Degartment of Transportation 125 E. 11 Street Austin, Texas 78701

All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above adldress by sending


1 1 7


written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party.

19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).

20. Disadvantaged Business Enterprise (OBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements

established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE

guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions.

D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://txdot.gov/business/businessoutreach/rnou.htm.

E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.

AFA-LPAFA __ ShortGen.doc Page 6 of 8 Revised 05/04/2012

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21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding

Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/201 0-22705. pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.

B. The Local Government agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting

Registry (CCR) number (Federal AcquiSition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: https:llwww.bpn.govlccr/default.aspx;

2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS nurnber may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and

3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those

revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the

U.S. Securities and Exchange Commission.

22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P .L. 98-502,

ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal

year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contactus/audit.htm.

C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY "

D. For each year the project remains open for federal funding expenditures, the Local Governrnent will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year.

AFA-LPAFA_ShortGen.doc Page 7 of 8 Revised 05/04/2012'

23. Signatory Warranty

11 9


Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.

THiS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.

THE LOCAL GOVERNMENT - DALLAS COUNTY

By: --c-:--:-----c--c--c-:-----Clay Lewis Jenkins Dallas County Judge

Approved as to Form: Craig Watkins District Attorney

By: _________ ___

Sherri Turner Assistant District Attorney

THE STATE OF TEXAS

By: ____________ _ Janice Mullenix Director of Contract Services Texas Department of Transportation

Date: __________ _

Date: _______ _

Date: _______ _

AFA-LPAFA __ ShortGen.doc Page 8 of 8 Revised 05/04/2012

AFA-LPAFA_ShortGen .doc

120

CSJ #: 0196-06-028 District #: 18-Dal/as Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits; From Manana Drive to north of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development

ATTACHMENT A RESOLUTION OR ORDINANCE

Page 1 of 1 Attachment A

~-

.

1 I L. . ___ . ___ . ___ .L--~. ___ ._ll_. ___ . ___ .~

ELLIS co. -

C8.11#: 0196·06·028

D!strlct #: U! - Dallas

Code Chart 64 #: 50057

P!'()ject: 1-1" 354 (Harry Hines Boulevard) Limits: From Mamma Drive to N@rth of Royal Lane

ATTACHMENT'S' PROJECT LOCATION MAP

federal Highway Administration CFDA#: 20.205

N@t Research llInd Development

FOREST LANE

ROYAL LANE

-->.

I\) -->.

li! Q;

MANANA DR ~

i

AFA-LPAFA_ShortGen .doc

1LL


ATTACHMENT B PROJECT LOCATION MAP

Page 1 of 1 Attachment B

123


ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS

Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs.

I Total Federal State Local

Description Estimate Participation Participation Participation Cost % Cost % Cost % Cost

Environmental (by Local) $60,000 0% $0 0% $0 100% $60,000

Enaineerinq (by Local) $847,898 0% $0 0% $0 100% $847,898

Right of VVay(by Local) $10,000 0% $0 I 0% $0 100% $10,000

Utilities (by Local) $20,000 0% $0 0% $0 100% $20,000

, Construction (by State) $4,497,692 80% $3,598,154 20% $899,538 0% $0

I Subtotal $5,435,590 $3,598,154 I $899,538 $937,898

Direct State Cost - Env. @ 5.0% $3,000 0% $0 1 100% $ 100% $3,000

Direct State Cost - Ena. @ 5.0% $42,395 0% $0 100% $ 100% $42,395

Direct State Cost - ROVV. @ 4.0% $500 0% $0 100% $ 100% $500

Direct State Cost - Utilities. @ 4.0% $1,000 0% !

$0 100% $ 100% $1,000

Direct State Cost - Construction @ 4.0% $666,558 80% $533,246 . 20% $133,312 0% $0

Indirect State Costs @ 5.94% $322,874 0% $0 100% $322,874 0% $0

TOTAL $6,471,917 $4,131,400 $1,355,724 $984,793

Estimated Total Project Cost = $6,471,917

Estimated Total Local Government Participation) = $984.793

Estimated Total Payment by the Local Government to the State upon full execution of this Agreement = $46.895

This is an estimate. The final amount of the Local Government participation

AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C


December 28,2012

MEMORANDUM


lL'.4

THROUGH: Mike Cantrell, Commissioner Distlict No.2


SUBJECT: MILLER ROAD MCIP PROJECT 2750] (Garland East City Limits to Rowlett West City Limits) SUPPLEMENTAL AGREEMENT TO THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

BACKGROUND

Miller Road from Garland East City Limits to Rowlett West City Limits was selected for projects for the Major Capital Improvement Program for Program Year 2013. The project is located in Road and Bridge Distlict 2 and in the City of Rowlett. Dallas County and the City of Rowlett entered into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS pursuant to Court Order 2011-860 dated May 10, 2011. An ADVANCE FUNDING AGREEMENT FOR PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT between the Texas Department of Transportation (TxDOT) and Dallas County was executed pursuant to Court Order 2009-2219 dated December 1, 2009 which designated Dallas County as the LEAD AGENCY and LOCAL GOVERNMENT, and provides funds for the project.

FINANCIAL IMPACT

By execution of the attached agreement, the City has agreed to participate on at least a fifty/fifty basis with Dallas County on the 20% local match in the amount of$621,843.00. The MASTER AGREEMENT specifies sharing funding of standard basic street improvements with city funding of amenities above and beyond the basic improvements.


Commissioners Court Page Two

125

IMPACT ON SCHEDULE AND OPERATIONS

In order for Miller Road MCIP Project 27501 £i·om Garland East City Limits to Rowlett West City Limits to begin construction in 2013, it is desirable to have the City of Rowlett committed to funding and design criteria for the project The MASTER AGREEMENT clearly defines County and City partnerships and roles.


The County has worked with numerous cities, agencies, and utilities on this project which is consistent with Vision 1: Dallas County is a model interagency partner. This project will improve County transportation and other infyastructure which is consistent with Vision 4: Dallas County proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and businesses.

RECOMMENDATION

It is recommended that the County Judge be authorized to execute the attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR IMPROVEMENT PROJECTS FOR MILLER ROAD MCIP PROJECT 27501 FROM GARLAND EAST CITY LIMITS TO ROWLETT WEST CITY LIMITS with the City of Rowlett for funding in the amount of$621,843.00. If Commissioners Court is in agreement, a Court Order will be placed on the next regular agenda authorizing the execution of said agreement

Approved by:

~=--<~{--Al rta L BlaJr, P.E. Director of Public Works

JLM/mg

Attachments: Supplemental Agreement

cc: John L Mears, P.E.

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

126

City of Rowlett

Official Copy Resolution: RES-116-12

4000 Main Street Rowlett, TX 75088 www.rowJett.com

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROWLETT, TEXAS, APPROVING A PROJECT SPECIFIC AGREEMENT (PSA) WITH DALLAS COUNTY FOR THE TRANSPORTATION IMPROVEMENTS ON THE MILLER ROAD MAJOR CAPITAL IMPROVEMENT PROGRAM (MCIPj PROJECT 27501 FROM GARLAND EAST CITY LIMiTS TO ROWLETT WEST CITY LIMITS IN THE AMOUNT OF $621,843.00 AND AUTHORiZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council has been presented a proposed Project Specific Agreement for the transportation improvements on the Miller Road Major Capital Improvement Program (MCIP) Project 27501 from Garland East City Limits to Rowlett West City Limits in the amount of $621,843.00, a copy of which is attached hereto and incorporated herein as Exhibit A; and

WHEREAS, funds are available in the amount of $623,443.00 in CIP Account 407-8201-521.80-02, project ST21 00, and

WHEREAS, upon full review and consideration of the proposed Project Specific Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor, after approval of the City Attorney, should be authorized to execute the Project Specific Agreement on behalf of the City of Rowlett, Texas.

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

Section 1: That the Project Specific Agreement for the transportation improvements on the Miller Road Major Capital Improvement Program (MCIP) Project 27501 from Garland East City Limits to Rowlett West City limits in the amount of $621,843.00 attached hereto as Exhibit A having been reviewed by the City Council of the City of Rowlett, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor, after approval of the City Attorney, is hereby authorized to execute the Project Specific Agreement on behalf of the City of ROWlett, Texas.

Section 3: This resolution shall become effechve immediately upon its passage,

127

At a meeting of the City Council on December 4, 2012 this Resolution be adopted. The motion carried by the following vote:

Ayes: 7 Mayor Gottel, Mayor Pro Tem Phillips, Deputy Mayor Pro Tem Gallops, Councilmember Davis, Councilmember Pankratz, Councilmember Miller and Councilmember Kilgore

Date December 4, 2012

Date December 4, 2()12

Date December 4,2012

128

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROJECT SPECIFIC AGREEMENT

TO THE MASTER AGREEMENT GOVERNING

EXHIBIT A

MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

This Project Specific Agreement hereinafter called "PSA" to the Master Agreement Governing Transportation Major Capital Improvement Projects ("Master Agreement") is made by and between the City of Rowlett, Texas, hereinafter "City", and the County of Dallas, Texas, hereinafter "County", acting by and through its duly authorized officials, for the purpose of Transportation Improvements on the Miller Road MCIP Project 27501 from Garland East City Limits to Rowlett West City Limits, hereinafter called "Project".

WHEREAS, the Project is located within the City of Rowlett, the City of Garland, and the City of Dallas; and

WHEREAS, the County shall enter into separate agreements with the City of Garland and the City of Dallas; and

WHEREAS, the County has entered into an Advance Funding Agreement ("AF A") with the State of Texas by and through the Texas Department of Transportation ("TxDOT") to provide funding for the Miller Road Project; and

WHEREAS, the County has requested that it be designated as the Lead Agency for the project and will provide the Project Manager; and

WHEREAS, Chapter 791 of The Texas Government Code and Texas Transportation Code Article 472.001 provides authorization for local governments to contract with each other for the performance of governmental functions and services, as well as joint funding of road construction or improvements of road or street projects.

NOW THEREFORE THIS PSA is made by and entered into by the City, and the County, for the mutual consideration stated herein.

Witnesseth

Article I. Proiect Specific Agreement

This PSA is to specifically identifY the project, changes in the rights and responsibilities of each of the parties as set forth in the Master Agreement and additions thereto as incorporated herein. This PSA will be an addition to the Master Agreement and incorporate each of its terms and conditions. All terms of the Master Agreement remain in full force and effect except as modified herein. In the event of any conflict between the Master Agreement and this PSA, this PSA shall control.

PSA- City of Rowlett for Me[p 27501

129

Article II Incorporated Documents

EXHIBIT A

This PSA incorporates, as if fully reproduced herein word for word and number for nwnber, the following items:

1. Master Agreement authorized by County Commissioners Court Order; 2011-860, dated May 10, 2011, and additions thereto as incorporated herein.

2. TxDOT Advance Funding Agreement as shown in Attachment" A". 3. Current Cost Estimates and Funding Sources, as shown in Attachment "B". 4. Proposed Project Schedule, as shown in Attachment "C". 5. PSA between the County and City of Garland. 6. PSA between the County and City of Dallas.

Article III Term of Agreement

This PSA becomes effective when signed by the last party whose signature makes the respective agreement fully executed and shall terminate upon the completion and acceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions in the Master Agreement, Article IV.

Article IV Project Description

This PSA is entered into by the parties for public transportation improvements within the City of Rowlett, Texas. The project is defined as the public transportation improvements to Miller Road from Garland East City Limits to Rowlett West City Limits, including MCIP Project 2750 I, and hereinafter referred to as the "Project" and as more fully described in Attachment "A". This project will facilitate the movement of public transportation to benefit both the City and County.

Article V. Fiscal Funding

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

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the

PSA· City of Rowlett for MCII'27501

130

EXHIBIT A

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

1. County and City Responsibilities:

Article VI Agreements

1. County will be the Lead Agency for the Project. 2. City and County have mutually agreed that the Project limits are Miller Road from

Garland East City Limits to Rowlett West City Limits. 3. The agreed upon Standard Basic Project Design for the project is as defmed in the

Project Scoping Sheets, Attachment "A". Such design shall be the Standard Basic Project Design for the Project and specifically does not inclUde Paving and Drainage Amenities or Utility Betterments as defmed in the Master Agreement. If the City adds relocation or adjustment of City Utilities or Utility Betterments, the City agrees that it will pay 100% of the costs of these additions.

4. The Project will require the acquisition of road right-of-way which is specifically all real property needed or convenient for roadway and/or drainage purposes as shown in the Project design or right-of-way plans and specifically includes all real property outside of the designed right-of-way needed, if applicable, or convenient to the construction, drainage, interface with adjoining streets or alleys, driveways or other access ways or other Project permanent or temporary easements which is approved by City and County. Such right-of-way acquisition shall be the responsibility of the County as Lead Agency.

5. In order to certify compliance with the expenditure of the Project funding for this Agreement, the City agrees to furnish to the County, its Auditor, or its designated representative(s) the unrestricted right to audit any and all accounting and other records regarding any funds paid or claimed under this agreement, including, but not limited to all books, records, reports, tickets, deposits, expenditure, budget or any item therein, supporting data, computer records and programs, and all items of hardware, software or firmware, or any other item utilized by the City regarding this Agreement (records). City contracts and agrees that all records shall be kept and maintained for a period of time not less than four (4) years from the date of the termination of this Agreement. Such records shall be provided to the County in Dallas County, Texas and available for any audit at any time upon request.

PSA· City of Rowlett for MelP 27501

1 3 1

EXHIBiT A

6. The results of any audit may be furnished to City for comment. In the event that any audit shall determine that moneys are owed to County such sums are deemed to be due and payable to Dallas County, Texas, within thirty (30) days of the date of an invoice for such cost being deposited in the US Mail, certified mail, return receipt requested.

II. City Responsibilities: 1. City shall execute the necessary agreements for the implementation design and

construction of the Project mutually agreed upon and incorporated herein by this PSA.

2. City shall provide City Council Resolution commitment to meet the Project funding. 3. City will retain right to review plans and amendments during preparation of the

deliverables under the contract. City shall review plans and amendments within thirty (30) days of receipt thereof from County.

4. City shall coordinate any necessary City-owned utility adjustments for construction of the Project.

5. City shall be responsible for maintaining the roadway after the Project is complete.

III. County Responsibilities:

1. County shall be the Lead Agency for the Project. County will provide project management of the Project from commencement of plmming to completion of construction.

2. County shall advertise the Project with City fimded items as optional bid items. 3. County shall execute Advance Funding Agreement with TxDOT to utilize RTR

funds for the project along with required local matching funds.

IV. Funding: County and City mutually agree to proportionately fimd the Direct Project and Program cost as follows: 1. Notwithstanding any provision in the Master Agreement, this PSA, any amendment

thereto, or any other agreement between the parties regarding this Project, the total Project cost is estimated at Twelve Million Four Hundred Thirty Six Thousand Eight Hundred Seventy One dollars ($12,436,871.00). The County's total obligation to this Project is to provide fimding in the amount not to exceed One Million, Two Hundred Forty-Three Thousand, Six Hundred Eighty-Nine dollars and no cents ($1,243,689.00), reduced by County share ofin-house project delivery costs. Project costs may include all County project delivery costs including but not limited to preliminary scoping and research, preliminary design services, special services, primary desigo services, inspection, laboratory services and construction.

2. The City agrees to provide funding for the Project as indicated in the amount of Six Hundred Twenty One Thousand, Eight Hundred Forty-Three Dollars and no cents ($621,843.00).

I'SA. City ofRowfett for Mel? 27501

132

EXHIBiT A

3. City agrees to encmnber an amount adequate for total estimated project costs as detennined prior to the commencement of each Project milestone as determined by County within 30 days of notification by County. The City will pay Project costs as invoiced by the County.

4. TxDOT total obligation for the Project is Nine Million Nine Hundred Forty Nine Thousand Four Hundred Nine Six dollars and no cents ($9,949,496.00).

5. If the total Project costs excluding paving and drainage amenities or utility betterments should exceed the total Project cost, the City and County agree to amend the project's scope to remain within the current estimated total Project Cost.

Article VII Miscellaneous :

1. No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention of City and County that any entity other than City or County receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual right and responsibilities of the parties hereto.

II. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of County and Governmental Immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be governed by and construed in accordance withthe laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this PSA filed by either City or County shall be in Dallas County, Texas.

III. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or two (2) business days after being deposited in the United States Mail, postage prepaid, certified, retmned receipt requested, or registered addressed as follows:

To County: County of Dallas Alberta L. Blair, P.E. Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas County, Texas 75202-3389

To City: City of Rowlett Dennis Abraham, P.E. City Engineer 4310 Industrial Street Rowlett, Texas 75088

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

PSA. City of Rowlett for MCIP27501

133

EXHIBIT A

IV. Assignment. This PSA may not be assigned or transferred by either party without the prior written consent of the other party.

V. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns.

VI. Amendment. This PSA may not be amended except in a written instrument specifically referring to this PSA and signed by the parties hereto.

VII. Number and Gender. Words of any gender used in this PSA shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise.

vm. Counterparts. This PSA may be executed in multiple counterparts, each of which shall be deemed an original, hut all of which shall constitute one and the same instrument.

rx. Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions of this PSA, which shall remain in full force and effect.

X. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all oral or written previous and contemporary agreements between the parties and relating to matters in the PSA.

XI. Contingent. This Agreement is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Court and by resolution of the City Council. This PSA is also contingent upon executed Agreements between Dallas County and TxDOT, City of Dallas, as well as the City of Garlaod. If either Agreement tenninates, this PSA shall terminate as well.

PSA· City of Rowlett for Mel? 27501

1:34

EXHIBIT A

The City of Rowlett, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution \;\;(;-11\,-\£\ . Dated the ~ day of br_lrf { ,2012.

The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the day of , 2012.

County of Dallas City of Rowlett

Clay Lewis Jenkins, County Judge

Date Date

Approved as to Fonn*: Attest: Craig Watkins

Dis 'if Attorr;;

By,.lL.·· :: k~w.~ S erri Turner Assistant District Attorney

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

PSA· City of Rowlett for MCIP 27501

135

CSJ: ,0918-47-004, Miller Road from Garland East City Limits 10 Rowlett West City Limits , Districi #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)

STATE OF TEXAS §

COUNTY OF TRAVIS §

ADVANCE FUNDING AGREEMENT FOR PROJECT USING FUNDS HELD IN THE

STATE HIGHWAY 121 SUBACCOUNTCity Street Improvements

Off·System Project

EXHIBIT A

THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and Dallas County (Local

. Govemment),coilec!ively, the "Parties."

WITNESSETH

WHEREAS, the State has received money from the North Texas Tollway Authority for the right to d~yelop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments"); and

WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and

WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the "Commission") approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Govemments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects tD be financed using surplus revenue from a toll project, subject to Commission concurrence; and

WHEREAS, the Local Government has requested money from the SH 121 Subaccount for: Miller Road from Garland East City Limits to Rowlett West City Limits (0918-47-004) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and authorized the expenditure of money Minute Order No. 111854, dated June 25, 2009;

WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and

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" CSJ: ,0918-47-004, Miller Road from Garland East City Limits to Rowlett West City Limits . District #18 - Dallas; Cooe Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)

EXHIBIT A

WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform govemmental functions and services; and

WHEREAS, NCTCOG and the RTC should have authority to assist the Local Government's implementation of financial reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccount.

NOW, THEREFORE, the Parties agree as follows:

AGREEMENT

Article 1. Time Period Covered

This Agreement becomes effective when signed by the last party whose Signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided.

Article 2. Project Funding

The State will pay money to the Local Government from the SH 121 Subaccount in the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 25 of the Texas Department of Transportation bill pattern in Senate Bill 1, 80th Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g, construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on. September 1 (for example, the 2009 Fiscal Year began September 1, 2008).

Article 3. Separate Account; Interest

All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC, The Local Government's use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement.

Article 4. Shortfalls in Funding

The Local Government shall apply all funds to the scope of work of the Projects described in Attachment A. Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government However, should the funds

Page 2 of 9

137

. CSJ: .0918·47-004. Miller Road from Garland East City Limits to Rowlett West City limits . District #18 • Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)

EXHIBIT A

be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccount. Funds may be increased only through an amendment of this Agreement. If the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall.

Article 5. Return of Project Funding

The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Govemrnent will issue a signed "Notification of Completion" document to the State acknowledging the Project's completion. If at Project's end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned,such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the, Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds If the Project is not completed within 10 years of execution of the Agreement.

Article 6. Local Match

, The Local Govemment shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTCapproved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government's cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A. Payment Provision and Work Responsibilities,

Article 7. Procurement and Contracting Process

The State may review the Local Government's procurement of professional services for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with state law and regulations, and with local laws, regulations, rules, policies, and procedures. The Local Government shall maintain a copy of the certification in the Project's files.

Article 8. Design Standards and Construction Specificatioflls

The LDcal Government shall implement the Project using the Local Government's established design standards, construction specifications, procurement processes, and construction managernent and inspection procedu res.

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. CSJ: .0918-47-004. Miller Road from Garland East City Umits to Rowlett West City Limits District #1 B - Dallas; Code Chart 64# 50057 Funding Categmy: RTR (SH 121 Subaccount Funds)

Article 9. Right of Way

EXHISITA

Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire all necessary right of way needed for the Project. Right of way acquisition is an eligible cost for reimbursement provided such cost is an RTC-approved phase as shown in Attachment A.

Article 10. Utilities

The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government must obtain advance approval for any variance from established procedures. The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate utility facilities only to the extent the utility has a property right as shown in a recorded deed or easement.

Article 11. Compliance with Laws; Environmental Review and Public Involvement

Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall furnish the State with satisfactory proof of compliance. As provided in 43 TAC. Section 2.1 (b)(3), the department's environmental review requirements do not apply to the Project because the department is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228.012. However, the local government shall ensure that the Project complies with all environmental review and public involvement requirements applicable to the Local Govemment under state and federal law in connection with the Project. The Local Government shall obtain the opinion of legal counsel showing the Local Government's environmental review and public involvement for the Project to comply with state law and regulations, and with local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the projectfiles.

Article 12. Compliance with Texas Accessibility Standards and ADA

The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility reqUirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336).

Article 13. Work Outside the Project Site

The Local Government shall provide both the necessary right of way and any other property interests needed for the Project.

Page 4 of 9

139

EXHIBIT A

CSJ: 0918-47-004, Miller Road from Garland East City limits to Rowlett West City Limits , .District #18· Dallas; Code Chart 64# 50057 .

Funding Category: RTR (SH 121 Subaccount Funds)

Article 14, Insurance

If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is' not maintained, all work on State right of way shall cease immediately, and ,the State may recover damages and all costs of completing the work.

Article 15. Audit

Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Govemment.

Article 16, Maintenance

The Local Govemment shaH be responsible for maintenance of the Project and be allowed to assign those duties and responsibilities to the municipality where the Project is located.

Article 17. Responsibilities ofthe Parties

a. The State and the Local Govemment agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents.

b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from a/l suits, actions or claims and from all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission'in the performam:e of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and empioyees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws·; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended.

c. The Parties expressly agree that the Project ~not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance ofthe Project.

d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney's fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents. or employees.

Page 5 of 9

140

, CSJ: .0918-47.004, Miller Road from Gar/and East Cily Limits to Rowlet! West City Limits ,District #18 • Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)

Article 18. Notices

EXHIBIT A

All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party atthe following addresses:

local Government:

Dallas County

Attn: Director of Public Works

411 Elm Street

Dallas, Texas 75202·3301

State:

Texas Department of Transportation

Attn: District Engineer

4777 E. Highway 80 Mesquite, Texas 75150

All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. maif and such request shall be honored and carried out by the other party.

Article 19. Right of Access

If the Local Govemment is the owner or otherwise controls access to any part of site of the Project, the Local Govemment shall permit the State or its authorized representatfve access to the site to perform any activities authorized in this Agreement.

Article 20. Project Documents

Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Govemment shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Govemment shall submit any information required by the State in the format directed by the State.

Article 21. Inspection of Books and Records

The Local Government shall keep a complete and accurate record to document the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from

Page 6 of9

1 4 1

, . CSJ: .0918-47-004, Miller Road from Garland East City Limits to Rowlett West City Limits .District #18 - DaUas; Code Chart 64# 50057 Funding CategOfY: RTR (SH 121 Subaccount Funds)

EXHIBIT A

the date of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.

Article 22. NCTCOG

Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Governmenfs irnplementation of financial reporting and environmental review conceming the Project. The Local Government shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government's expenditure of local match funds. The report shall list separately the expenditures by Project's phase as shown in Attachment A, including but not limited to engineering, environmental review, right of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest eamed during the month, and cumulative interest earned. The report shall further describe the status of developing the Project Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment NCTCOG may provide the Local Government techn ical assistance on the environmental review of the Project as mutually agreed between NCTCOG and the Local Government.

Article 23. State Auditor

The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or inVestigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

Article 24. Amendments

By mutual written consent of the Parties, this contract may be amended prior to its expiration.

Article 25. Termination

The Agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth

herein, after a 45 day period to cure after receiving written notice of non-compJiance; 8 by the State if the Local Government does not let the construction contract for

the Project within one year after the State first provides 121 Funds for construction as shown in Attachment A. Payment Provision and Work Responsibilities;

• by the State if the Local Government does not complete the Project within ten years after the effective date of the Agreement;

Page 7 of 9

14L

, .

. CSJ: .0918-47-004, Miller Road from Garland East City limits to Rowlett West City Limits . District #18 - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)

Article 26. Work by Debarred Person

EXHIBIT A

The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State.

Article 27. Sole Agreement

The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreemenfs subject matter.

Article 28. Successors and Assigns

The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State.

Article 29. Remedies

The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumUlative.

Article 30. Legal Construction

If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision.

Article 31. Signatory Warranty

The signatories to this agreement warrant that each has the authority to enter inlD this agreement on behalf of the party they represent.

Page 8 of 9

143

, "

CSJ: .0918-47-004, Miller Road from Garland East City Limits to Rowlett West City limits .District #18 - Dallas; Code Chart 64# 50057 , Funding Category: RTR (SH 121 Subaccount Funds)

EXHIBIT A

IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement.

THE STATE OF TEXAS

Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission,

THE LOCAL GOVERNMENT

Dallas County

Jim Foster COtmty Judge

Date December 1, 2009

Page 9 of 9

144

.. . CSJ: 0918-47-004, Miller Road from Garland East City Limits to Rowlett West City Limits

District #1 B - Dallas; Code Chart 64# 50057 Funding Category: RTR (SH 121 Subaccount Funds)

ATTACHMENT A

Payment Provision and Work Responsibilities

EXHIBIT A

For CSJ# 0918-47-004, the State will pay $9,949,496.00 from the SH 121 Subaccount for Miller Road from Garland East City Limits to Rowlett West City Limits to widen a two (2) lane asphalt section to a four (4) lane divided concrete section.

In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work in the following Fiscal Years:

Fiscal Expenditure Year

Preliminary Right of Utilities Construction Engineering Way

Acquisition

2009 $0.00 $0.00 $0.00 $0.00

2010 $1,573,010.00 1$0.00 $0.00 $0.00

2011 $0.00 $46,794.00 $0.00 $0.00

2012 $0.00 $0,00 $0.00 $8,329,692.00

2013 $0.00 $0.00 $0.00 $0.00

.

The Local Government shall pay a required local match of $2,487,375.00.

Upon completion of the Project, the Local Government will issue a Signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic.

Attachment A

ATIACHMENT"B"

Current Cost Estimates and Funding Sources

• Paving & Drainage Construction It ROW

• Design & Project Delivery .. Wetlands Mitigation • Materials Testing • Contingencies II City Requested Construction • Project Cost

• State (RTR Funds) .. Dallas County • City of Rowlett • City of Garland • Project Funding

$9,837,115

$58,494

$1,766,262

$200,000

$75,000

$500,000

$+

$12,436,871

$9,949,496

$1,243,689

$621,843

$621,843

$12,436,871 m X :I: OJ :::j 3>

-'

~ (Jl

ATTACHMENT "C"

Proposed Project Schedule

• TxDOT/City Project Specific Agreements OCT 2009 • Preliminary Design Contract JUN 2010 • Schematic DesignlEnvironmental Complete OCT 2010 • Pre-Design Charrette NOV 2010 • Preliminary Design Complete DEC 2010 -'

• Primary Design Contract JAN 2011 -P> 0:

• ROW Documents Complete NOV 2012 • Final Plans Complete DEC 2012 • ROW Acquisition Complete MAR 2013 • Utility Relocations Complete JUL 2013 • Open Bids APR 2013 • Award Contract JUL 2013 • Construction Complete DEC 2014

m x :r ffi :::j ;I>


December 18, 2012

MEMORANDUM


147

TIIROUGH: Commissioner Mike Cantrell, District 2

D f\l..L C 0 ~Ji t'il :,) '::)

~DU~HY .. ,6 COURT

12 DEC 21 MI 8: 02

FROM: Selas Camarillo, Assistant Director - Property Division

SUBJECT: Menitt Road MClP Project No. 22805 (Pleasant Valley Road to Sachse City Limits) NTTA Encroachment Agreement

BACKGROUND

Dallas County is acquiring right-of-way and easements for the road widening project referenced above. North Texas Tollway Authority (NTTA) has existing easements on both sides of Merritt Road for its facilities. Upon request from NTTA and recommendation from Dallas County's Civil District Attorney's office it was determined that both parties enter into the attached Encroachment Agreement to clarify the rights and duties of each party and to ensure that Dallas County's successor in interest to this project was protected. This agreement has also been reviewed and approved by the City of Sachse.

IMPACT ON OPERATIONS

N/A

FINANCIAL IMPACT

N/A

LEGAL INFORMATION

The Civil District Attorney's Office has reviewed and approved the attached Encroachment Agreement, which protects Dallas County and its project partners.

PERFORMANCE MEASURES

No Impact.

PROJECT SCHEDULE

The Encroachment Agreement will protect Dallas County and its contractor during the construction period and is sufficient to protect the City of Sachse's interests in the new road. The attached agreement has been reviewed and executed by NTT A. Upon full execution of this agreement by all parties within the next thirty (30) days, it will be recorded in the Real Property Records of Dallas County.

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

Commissioners Court December 18, 2012 Page 2


148

The subject request is consistent with Dallas County's Strategic Plan, Vision 4 "Dallas County proactively addresses critical regional issues". Through this project Dallas County is partnering with City of Sachse to ease congestion and increase traffic efficiency on a major arterial road (thoroughfare) connecting to the recently completed President George Bush Turnpike in Dallas County.

RECOMMENDATION

The Director of Public Works has reviewed the agreement and recommends that Dallas County execute the attached Encroachment Agreement for the construction/reconstruction of the Merritt Road MCIP Project 22805.

If the Commissioners Court concurs with the matters above a court order will be placed on the next regular agenda.

APPROVED BY:

Director of Public Works

CF:dldSC NTTA BrlEne. agree

Attachment

148

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

ENCROACHMENT AGREEMENT

MERRITT ROAD; MClP PROJECT 22805

STATE OF TEXAS §

COUNTY OF DALLAS §

This Encroachment Agreement ("Agreement") is made and entered into by and between the North Texas Tollway Authority, a regional tollway authority and a political subdivision of the State of Texas, its successors, assigns and grantees, whose address is 5900 W. Plano Parkway, Suite 100, Plano, Texas 75093, (hereinafter called "NTTA"), and Dallas County, a political subdivision of the State of Texas, whose mailing address is 411 Elm Street, 4th Floor for Dallas County Public Works, attn: Assistant Director for Engineering and Construction, Dallas, Texas 75202-3389, its successors, assigns and grantees, whether by conveyance or operation of law (hereinafter called "County"), each party executing this Agreement by and through its duly authorized officers.

WITNESSETH:

WHEREAS, the County is constructing or will construct the Merritt Road Project, MCIP # 22805 from the GarlandlRowlett city limits to approximately 500 feet north of Pleasant Valley Road, (hereinafter called the "County Project"); and

WHEREAS, the NTTA is owner of easements which runs longitudinally within and/or crosses the County Project and in an area where improvements for the County Project are to be constructed by tbe County pursuant to the Major Capital Improvement Program; and

WHEREAS, the County represents and warrants that the County owns the right, or will acquire the rights necessary prior to constructing the County Project on all the certain land (hereinafter "Subject Land"), described on attached Exhibit "A" and made a part hereof; and

WHEREAS, the NTTA is the owner of certain easement rights therefore, (hereinafter referred to as the "Easement Tracts"), whether or not those rights were granted in one or more documents or acquired by operation of law. For the purposes ofthis Agreement, the "NTT A's Easement Tracts" shall be limited to the NITA's Easement Tracts of the width specifically described in the Easements listed below. The land referenced in the NTTA's Easement Tracts

2

150

includes the following described lands, situated in the County of Dallas in the State of Texas, pursuant to those certain instruments recorded in the records of the said county and state and described as follows:

West Side of Merritt Road

I) Easement for the Dallas North Tollway System, and President George Bush Turnpike Eastern Extension for the purpose of Slope or Embankment, dated August 21, 2008, from Maurice L. McClain to the North Texas ToIlway Authority and filed in the Real Property Records of Dallas County and recorded as Instrument No. 20080281062.

East Side of Merritt Road

2) Easement for the Dallas North Tollway System, and President George Bush Turnpike Eastern Extension as a part of the Agreed Final Judgment in Cause No. CC-08-09638-D, dated October 8, 2010, against Benbrook Winchester, L.P. in favor of North Texas Tollway Authority and filed in the Real Property Records of Dallas County and recorded as Instrument No. 201000028460.

WHEREAS, for the purposes of this Agreement an "Encroachment" is defined as any use ofthe land within the NTTA' s Easement Tracts by someone other than the NTT A which could interfere with the NTTA's Easement rights or could create safety concerns related to the NTTA's Easement Tracts. The NTTA does not permit or authorize any Encroachments unless specifically approved by a written agreement identifying all "Approved Encroachments"; and

WHEREAS, the County Project will conflict with the NITA's Easement rights and encroach upon the NTTA's Easement Tracts; and

WHEREAS, the County desires to obtain the NTTA's consent for one or more Encroachments on the NTTA' s Easement Tracts; and

NOW, THEREFORE, in consideration of the covenants and agreements herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the NTT A, subject to the following terms and provisions, hereby grants consents to the Encroachments, in favor of the County, and listed below as "Approved Encroachments," described and limited pursuant to the following specified Project Plans ("Plans"), which were, or shall be, furnished by the County to the NITA and included herein as Exhibit "B":

The following sheets of the 90 % Review Plans for County of Dallas, Texas, Department of Public Works for Merritt Road Improvements and dated June 17,2011 by Freese and Nichols, Inc.

3

1 5 1

Cover Sheet, Typical Sections (sheets 2-4), Paving Plan and Profiles (sheet 28), Storm Drain Plan and Profiles & related drainage plans (sheet 46), and ROWand Easement Maps (sheet 18).

The NTTA consents to and the County accepts the grant of rights with respect to the aforesaid Approved Encroachments: (i) on an "as is, where is" basis, without representation or warranty,

express or implied, as to the condition or suitability of the Approved Encroachments; and (ii) subject to all matters of records in the Real Property Records of Dallas County, Texas.

TERMS AND PROVISIONS

1. Approved Encroachments. The Approved Encroachments, as further identified, described, and limited in the Plans as set forth in Exhibit "B" are limited to the following:

Merritt Road Project #22805 from the Garland/Rowlett city limits to approximately 500 feet north of Pleasant Valley Road, paving improvements, associated storm water drainage structures, municipal utilities including but not limited to water and sewer lines. and franchise utilities. unless locations fOr franchise utilities are provided in alternate locations as a part ofthis project.

2. No Other Encroachments. Except for the Approved Encroachments, as defined in the Agreement, the County shall not create, erect, place or construct any other Encroachment on any other NTT A's Easement Tracts.

3. Access: This Agreement limits the County's access to Approved Encroachments through the NTTA's Easement Tracts, as defined and described specifically in this Agreement and the exhibits attached hereto.

4. NITA On-Site Representative. Exclusive of Saturdays, Sundays, and legal holidays, the County shall notifY the N1TA a minimum of 48 hours in advance of any Encroachment activities on the NTT A's Easement Tracts so that the NTT A may an-ange to have a representative present on site. At the NTTA's option, the NTTA's representative may be on site during all Encroachment activities over or within five (5) feet of the NTTA's Easement Tracts to confirm that no damage occurs to the NTTA facilities.

Written notification of such construction activity shall be made to:

Attn. Mr. Rocky Gill, Field Representative NTT A Maintenance Dept. North Texas Tollway Authority 5900 West Plano Parkway Plano, Texas 75093 214-461-2075

4

152

or such other representative of the NTTA, which the NTTA may from time to time designate.

5. Insurance Without limiting any of the other obligations or liabilities of the County and its contractor and sub-contractors ("Contractor"), the County agrees that it will have and maintain, at the County's expense, or will require its contractor to have and ma.intain, at the Contractor's expense, in full force and effect minimum insurance with companies approved by the State of Texas during the construction of the County Project, insuring against liability arising out of or in any way incident to use of the NTTA's Easement tracts, with the NTTA shown as additional insured. The County agrees to obtain and provide proof of such required insurance to fue NIT A prior to commencing any work on the County Project.

6. Compliance With Law. The County shall, at its own cost and expense, comply with all applicable laws, including but not limited to all federal, state and local governmental laws, rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction of any violations in or upon or connected with the NTTA's Easement Tracts because of the County's use thereof.

7. Assignment and Subletting. This Agreement is personal to the County and may not be sold, transferred, conveyed or assigned without the written consent of the NTT A, which consent shall not be unreasonably withheld.

8. The terms and conditions of this Agreement will constitute covenants running with the land and be binding upon and inure to the benefit of the parties hereto, their successors, assigns and grantees whether by conveyance or operation of law. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. This Agreement shall become effective upon its complete execution by the parties hereto.

MISCELLANEOUS PROVISIONS

A. Prior Agreements. This Agreement constitutes the sole and only agreement of the Parties relating to the Encroachment Agreement and supersedes any prior understandings or written or oral agreements bctween the Parties respecting the subject matter of the Encroachment Agreement.

B. Texas Law. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and venue shall be in a court of proper jurisdiction located in Dallas County, Texas.

C. Amendment. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by the Parties.

D. Recording. This Agreement or a memorandum of this Agreement may not be recorded in the real property records of Dallas County, Texas.

s

1b3

E, Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement, and the Parties agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed to the interpretation of this Agreement or any amendments or exhibits hereto,

IN WITNESS WHEREOF, the parties have set their hands on the dates expressed below,

Executed this the __ day ______ ~, 2012,

COUNTY OF DALLAS

By: ____ ---=---=-_,--:--:-:-County Judge, Clay Lewis Jenkins

Date:

* Approved As To Form:

Dallas County Craig Watkins District Attorney

Teresa Guerra Snelson Chief . il DiVis("./

, ')' ({;l,(j, nerri Turner

Assistant District Attorney

NORTH TEXAS TOLLWAY AUTHORITY

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

6

154

STATE OF TEXAS §

COUNTY OF COLLIN §

Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this ",,;'uday ofD,,-ce.mh~(, 2012 personally appeared GerAld C'21CCiJi'lY) ,to me personally known to be the Authonzed SIgnatory for North Texas raIlway Authority, a regional tollway authority and a political subdivision of the State of Texas, who being duly sworn did acknowledge to me that he/she executed the foregoing instrument on behalf of the NTTA as the free and voluntary act and deed, for the uses, purposes and consideration therein set forth.

Witness my hand and official seal.

5lltf e$-;;JlcUJ'y·J,i A

Nota Public

My commission expires: ~1\,'oe i b, Q.-D 15

STATE OF TEXAS §

COUNTY OF DALLAS §

~~\~:rVIII,,. SYREATHER "'~~" ·fiI~"}.;. KIMBLE rr 't~ Notary Pubfi~, ~tate of Texas ~.,;. "~i My Commission Expires ;%{,f! .. 1~~'f June 16,2015

Before me, the undersigned, a Notary Public in and for the County aforesaid, on this __ day

of , 2012, personally appeared Clay Lewis Jenkins to me known personally to be the County Judge of Dallas County, who being duly sworn did acknowledge to

me that he executed the foregoing instrument on behalf of said County as the free and voluntary act and deed of said entity, for the uses, purposes and consideration therein set forth,

Witness my hand and official seal.

-------------------Notary Public

My commission expires: ________ _

7

1 55

EXHIBIT "A" (Pages I of 17)

SUBJECT LAND

ATFACHED LEGAL DESCRIPTIONS AND SURVEY PLATS FOR THE FOLLOWING PARCELS

WEST SIDE OF MERRITF ROAD;

Parcels

19UE

EAST SIDE OF MERRITT ROAD;

Parcels

7-SE& 7-UE

8

156

EXHIBIT "B" (Pages 1 of 7)

PROJECT PLANS

The following sheets of the 90 % Review Plans for County of Dallas, Texas, Department of Public Works for Merritt Road Improvements and dated June 17,2011 by Freese and Nichols, Inc.

Cover Sheet, Typical Sections (sheets 2-4), Paving Plan and Profiles (sheet 28), Storm Drain Plan and Profiles & related drainage plans (sheet 46), and ROWand Easement Maps (sheet 18).

9

COUNTY: PARCEL NO, ROADWAY: MCIP PROJECT No,

DALLAS 19UE MERRITT ROAD 22B05

157

Exhibit "A"

EXHIBIT"A"

DESCRIPTION FOR PARCEL 19UE

Parcel 19UE March 31, 2010

Sheet 1 of 3

BEING, a 1,061 square foot [0,024 acre) tract of land situated in the Zach Motley Survey, Abstract No. 1009, Dallas County, Texas; said tract being part of that certain called 16.85 acre tract of land described in Exhibit "A" in Partition Deed by and between Maurice L. McClain and Donald K. McClain to Maurice L. McClain recorded in Volume 73241, Page 1582 of the Deed Records of Dallas County, Texas', said 1,061 square foot tract being more particularly described as follows:

COMMENCING, at an aluminum disk found at an angle point in the west right-of-way line of Merritt Road (a variable width right-of-way);

THENCE, South 00 degrees, 48 minutes, 20 seconds East, along the said west line of Merritt Road, a distance of 132.07 feet to a 1/2-inch iron rod with an unreadable pink cap found for corner at the POINT OF BEGINNING; said point being in the north line of said McClain tract and the south line of that certain tract of land described in Warranty Deed to Stan McClain recorded in Volume 20051 i 7, Page 8527 of said Deed Records,

THENCE, South 00 degrees, 48 minutes, 20 seconds East, continuing along the said west line of Merritt Road, a distance of 101.45 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the northeast end of a right-of-way corner clip at the intersection of the said west line of Merritt Road and the northwest right-of-way line of President George Bush Tollway [a variable width right-of-way);

THENCE, South 46 degrees, 54 minutes, 37 seconds West, along the said corner clip, a distance of 13,52 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, North 00 degrees, 48 minutes, 20 seconds West, departing the said corner clip, a distance of 110.72 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the said north line of the first referenced McClain tract and the said south line of the second referenced McClain tract;

THENCE, South 89 degrees, 50 minutes, 08 seconds East, along the said north line of first referenced McClain tract and the said south line of the second referenced McClain tract, a distance of 10.00 feet to the POINT OF BEGINNING;

Page 1 of 17

1 58

Exhibit "A"

EXHIBIT"A"

CONTAINING, 1,061 square feet or 0.024 acres of land, more or less.

Parcel 19UE March 31, 2010

Sheet 2 of 3

All bearings are based on the Texas State Plane Coordinate System, North Central Zone 4202, NAD 83 (CORS96), Epoch: 2002.00.

(A survey plat of even survey date herewith accompanies this description.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described.

l\IIic~el C;Clover . 03/31/2010 Registerea Professional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-l00080-00

REVISED: 11/29/2011

3064"10,0768&C PARCEl 19 UE.doc mww

Page 2 of 17

POtN. T. Q .. ' F s .. eo. ".'.'40< wl r 'I"il[ -Lfnl S5:a9~1'4?lW PARCEL NO. 151)" COMJiJJENCING~.4P;\ & {eM) :3 5°1 PL£A5ANT "p.,u..E~ ,0 (<o'M,)_ ~ , , I ~

20' WATERLINE EASEMENT ~ ~ I I ~ @ {VOL -99101-, PI>. 47g.G) I " j, I I •

, D.R:.D,C,T. J ' : :::

ZACH MOTLEY SURVEY ~; I . Ii' I \ I I I %:oDz"'_"" ~

o Id1 $~" 'A< 1 I MARGARET J "'''o~= "i, POINT OF '0 "r j I I RILEY SUR"C'Y p ART o~ BEGINNIiW1 ~ t RJ)./r ~~!l~I' /" 1 I v L

SIAN McCLAIN ' , ~~I I a:~C!lt1f} ABS~RACT NO 1263 (VOL. 2005117, PG 8527) . II . '.1 I .' .'f.W."... :1 I .

DR.OC. T S 89'50'08" E ~I, l/l~iJ",,' '!OM ROO I I M'C'RRI T T 10,DO' • W/IfiIREAOAEt.:E' ·1>1NK ; c:

-- NI39~o'o-a-'-w-298::S1'- --N-00"48'20n WK: A ': -~ Cl~tUr {C.M.} ',J ROAD PART ~r.. . 110,]2' '51 OO'~'20"E :.1 I' I (A VARIA8l~ WIDTH

EXHIBIT A PARCEL 19uE ". :' 10145'.'1 J I' I RIGHT~OF~MY) MAURICE L. MCCLAIN 061 SF .. I' \1

(VOL 73211 PG. 1582) 1" .. ~ROPU<!.O ..-.+. t". I . D.R.o'.C. T (O,024 ACRES) " i~~;~~ - I 'l PART OF

[J~.2;f tASFM£ 20' WATERUN~-~;~EMENT. '. ~~'t,~ f :j~ 1= I "-.I BEN8ROOK WiNCHESTER, l.P. (INS! /-J If>C'1S ~6 (vOL 99101. PG. 4715) • U I '-" {VOl. 94194, PG. 2246)

- oPlT.c/"O. 2DoaoltW>1,. AUTH DR.D.C.:-. I '!.; 'ffl I '-.. D.R.D.C.T. .~ ! ----~. ~ '2810(2) OF/17)- --~r---' '" g I ~ J :-§S --1 -- ---- ___ S 45'54'37~ w~ I I I R ~~~ j z 1 It VARlA6LE WIDTH NQRn--t ---'- -- --- -- __ ~ • of e~.oM I f rrXAS MUNICIPAL WA 1tR X ____.. ~~, ., ! e I ::: :;;)If{!,; I I OISlRlCT EAstME:NT

Uk -- -- - ~, . . ' " ! ! (INST. NO. 201100058215)

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COUNTY OF DALLAS lNST. NO.

OF.R.D.C.T.

PARCEL NO. 19UE

1 SHEF;f 3~

LtG£NO

... £10 EASfl.!fJ'IT \.INE - flllSl1HC ROW lJIjE

PROf'UlIY u1f _. - ~ OJS11/o1C E~"T u ... "

SVRV£Y ll><f

-""-- 01.Cl,,(.<;1 ~ UN(s)

o 'ft-. moo ROO 'I<IlH ·" ... "",co KUCi+ ,,"" SliT (VWlJIIii! 1:m1I;Ii1ll>1: J-I"H:O>

(C)<) COIll~OU"'C UOHU!£HT

~D J\lO\!rtI~l.! OlSR FOUNt! POWE~ PII,t -. I'IATrR V~l"t

"10) PI' 'II/ ,,~= ~Rf,l (,morn "" Fl;(T)

"... PP 'II/ UCIH mO rt\.U'HC/ll ao~

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q ~ ... 04 JO.S2"r;:-------- - S 465437 W I I L a.p.R.O.C.T. ~ R",7E11S00 13.52' S' ' ___

",."", I I "" I --% T .. 31487 SA MUEL COMP TON Y-, -:;.. ~P.4.Rrr. -- ---8 ca.N "",',,.. IV I ' I I .,,~~ I . ;;0\ '0(,) p -- __

Th!! urtders·,gll.ro. Registered Profe3S;1l11<l1 Lond SlIrYoj'llr. hereby c~rl;/jell thut (his plot Of $V'''''Y occurot"ly s~1s out til .. met"s ond bo"nd" of the ~Qsement tract described.

S CO",62922 SURVEY (" (fiiIr:ou..-W",1?'r~u1EJ;lir' j~ , I I "rCt <DiD ltiOfi'rrr ~ PI? ABS7RACT NO, 368 I - _ o:"'DOo~'~'<80) ~:~/foZ-=-

RlIglsterl!d P('efnl1Sl(lnol .Lo(\o Survoyor No. 5Z25 ~ '£SIDE,Jt,,. I 1!1 ::~;i~;~V-----

Pi ff" I' G'iI:::'O I L~2576.06' ~ .c;;;; ! i ~G T=\29S.8z'

'. (A,VAR IT'~ 8 ca"'N66'oz'37"W 1'1 ~1liJ$.T4'<-TU/K$ ~ ~~R.~~,,!_C!Aosr:Ar~'?N..S/OFt!E~~ IABLE ~D"TH c:: , II~LJ/ ,CD=2564.~.1'M:1 .~ <1) I~ STA: 23+04.83 OFfSET: 59.42 LEFT ~IGHT""OF Vt..:l'7 ~, J:Q/"~--'i~ L,~.I.,.".~f"!e_.

=1-

;e. B ST.II: 22+.0 .. 3.08 orf.SET: 59.88 LEfT. • -WA,"rJ .I OJ:; fA ci . COUNTY OF DALlAS TEXAS ~:; C ~TA: 21+9?~99: ~fTSn: liS BS,lEn: t'fQI(S;.. ~4 vy~ y . : ~ * I 0 S7A: 23+05.05 OFfSET: 69.-41 lEFT L A l~~Ql du,r;ptic,", .,f .. ven $urvey,q, ~ ,Q- ~ dcts larrell'lil'! C'l!o~mpMIf§ tlllg tile!

T A8LE " ~~or· ... A P ;.ft"'CO·· "'0' 'C'" om .~. """'" "",,", """ ,oa' PERI\fANEN ."--,------:-1 1 Se<:lrln9H ore bU"d On 1M TellQ$ . ,tiiJ/ .SJfwi'. C ... ". "n. JI PJ.U;.s; lX_ l!iioa ~7.(.2,~;;;:mJl SO. n. (3.713 ACRES) Stote PIon, COO1"rjl"ol" Sy..-tem North 'Trw: ....... ¢,_'k).'i:!·"*'-l~'!»'8t 1XfttG. ~IfG flRW~!1 SO. FT. (0.024 ACHES) cwtrel Zem" 4202, NAO 83 "!)lAltAl; "'. ~WOIH» ~ HC!J?TON.tx.!<~ SI~ffllI;t1.$i-}~ ~ 1.M1a 1Q'

50,675 SQ. FT. (3.689 ACRES (CoRS96). ($lOch, 2002.00 .u~gl'" 30:'~;;6 j::"

~

Qwe Fl\I:: J084--10'::075Pi9UE1.D\YG

-'

01 ill

COUNTY: PARCEL NO, ROADWAY: MCIP PROJECT No,

DALLAS 7 MERRITT ROAD 22805

160

Exhibit "A"

EXHIBIT "A"

DESCRIPTION FOR PARCEL 7

Parcel 7 March 31, 2010

Sheet 1 of 4

BEING, a 16,629 square foot (0.382 acre) tract of land situated in the William D. Penny Survey, Abstract No. 1170 and the Margaret J. Riley Survey, Abstract No. 1263, Dallas County, Texas; said tract being part of that certain called 134.5144 acre tract of land described in Special Warranty Deed from Real Property Exchange, L.C. to Benbrook Winchester, L.P. recorded in Volume 94194, Page 2246 of the Deed Records of Dallas County, Texas; said 16,629 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod found at a reentrant corner of said Winchester tract and the southwest corner of that certain tract of land described in General Warranty Deed to Vergel F. Burress and Anita A. Burress recorded in Volume 2003237, Page 10109 of said Deed Records;

THENCE, North 00 degrees, 11 minutes, 20 seconds West, along the northernmost east line of said Winchester tract and the west line of said Burress tract, a distance of 323.51 feet to a point in the southeast right-of-way line of Pleasant Valley Road (a variable width right-of-way); said point being the northernmost northeast corner of said Winchester tract and the northwest corner of said Burress tract;

THENCE, South 78 degrees, 04 minutes, 13 seconds West, along the said southeast line of Pleasant Valley Road and the northwest line of said Winchester tract, a distance of 316.75 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, South 11 degrees, 55 minutes, 47 seconds East, departing the said southeast line of Pleasant Valley Road and the said northwest line of the Winchester tract, a distance of 20.68 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 78 degrees, 22 minutes, 36 seconds West, a distance of 285.73 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set at the beginning of a tangent curve to the right;

THENCE, in a southwesterly direction, along said curve to the right, having a central angle of 03 degrees, 46 minutes, 58 seconds, a radius of 3550.00 feet, a chord bearing and distance of South 80 degrees, 16 minutes, 05 seconds West, 234.33 feet, an arc distance of 234.37 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 42 degrees, 16 minutes, 13 seconds West, a distance of 52 75 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 01 degrees, 06 minutes, 19 seconds East, a distance of 157.58 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in an offset in the east right-of-way line of Merritt Road (a variable width right-of-way);

Page 4 of 17

1 6 1

Exhibit "A"

EXHIBIT "A"

Parcel 7 March 31,2010

Sheet 2 of 4

THENCE, South 89 degrees, 11 minutes, 42 seconds West, along said offset in the east line of Merritt Road, a distance of 32 75 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the northernmost west line of said Winchester tract; said point being an angle point in the said east line of Merritt Road;

THENCE, North 00 degrees, 37 minutes, 41 seconds West, continuing along the said east line of Merritt Road and the said west line of the Winchester tract, a distance of 193.23 feet to a 1/2-inch iron rod with "WEST 602" cap found for corner at the intersection of the said east line of Merritt Road and the said southeast line of Pleasant Valley Road; said point being the northwest corneT of said Winchester tract;

THENCE, North 78 degrees, 04 minutes, 13 seconds East, along the said southeast line of Pleasant Valley Road and the said northwest line of the Winchester tract, a distance of 586.52 feet to the POINT OF BEGINNING;

CONTAINING, 16,629 square feet or 0.382 acres of land, more or less.

All bearings are based on the Texas State Plane Coordinate System, North Central Zone 4202, NAD 83 (CORS96), Epoch: 2002.00.

(A survey plat of even survey dale herewith accompanies this description)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract of land described

Mic el C. 03/31/2010 Registere Professional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg Surveying Firm LS-1 00080-00

3084-10,076 B&C PARCEL 7 ROW,doc rim

Page 5 of 17

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!3 ~~tF03"46'58" R=3550.00' L=2J4,37' r""117.23' CB=S 80'1~'05" W CO""234.J3

r OF BENBROOK WINCHESTER, L.P.

(VOL. 94194. PG. 2246) D.R.D.c.T.

MARGARfT J. RILEY SURVEY

ABSTRACT NO. 1263 , o

~ rl~- LEGEND o --- PROPOSE<) ROW PARCE:l ;;. _ _ _ (X,SHNG ROl'! UNE

to PROPf:RTY U~E > - - (XI5T'N~ cAS(MeNT UN(

g; svRvn u~" ::;- I OW:RKEAD POW,~ IJN[(S)

§? : 0 In" IRON ROD \\llT-1 I AREA TABLE § ;~~~~ioO;~~S~A~O~~) ~ I le,M,) CC-NTI10lUIiG J.JONUMEI/1 GROSS = 31070,876 SQ, F ... T. (70.49 .. 8. A .... C .. R .. ESJ <I) I AD Al\!>.IIW,:'" OJsx FCU~D PARCEL 7 16,?29 SQ. n. (0.382 AC~ES) : R. P', PCwt~ PCl~ I I NET ::= 3,054,247 SQ. FT. (70.116 ACRES) l

.::>: 0 "". WATER VAlVE ~ ,

~ ;? "'(0) ~p WI CROSS "" i • ARM (LENGTH 'N rtfT) ~

,,; ~ .•• X/"'"' J I g ,,'el ltlcPH~E so,

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g 6 TIlEf

? ~/ ---------~-,0 >

1. A leg(ll descrlptfo[1 of even survey dote hen, with occompo[1ies this plot of survey.

2. Bearings: Ofe bosed 011 the Texas Slote Plahe CooRfi[1oi;e System North Centrol Zone 4202, NAD 8~ (CORS96). Epoch: 2002<00.

~

~ §

VERGEl F. BURRESS AND ANITA A. BURRESS

(VOL 2003237, PC. 10109) D.R.O,C.T

COUNTY OF DALLAS iNST. N Q,-:c::-;::c::c:---

Q,P,R.D.CT

PARCEL NO 7

SHEET 3 OF 4

) N

50'

,50'

10B'

PARCEL NO, 7

~ PLEASANT \l1<\.\':E.'i~

'~LI ___ _ ~ p PARCEl NO 7

" '"" != 'Dctv .,. g G€~Ci: ~ ~ &v,i;,;

NOT TO ScAl(

'Ot{ , ~J-'

PLEASANT VALLEY ROAD STATIONS/OFFSETS

A STA 20+81.29 OfFSET: 29.J2 RIGHT

8 STA: 20+81.40 OFfSET: 50.00 RIGHT _~_ STA~ 17+95,68 OffSET: 50.00 RIGHT D STA: 15+64.61 OFFSET: 50.00 RIGHT

~jjj,~~ ~~~98.26 IOFFSE.T: 4S:£4--RIGHT

MERRITT ROAD S TA TlONS/oFFSETS

, E " STA: 2,5+S3.iri I Off-SET: 58:5~ RIGHT F STA 24+36.29' OFfSET: 58.50 RIGHT G STA: 24+36.46 L(JFFSET: 25.75 RIGH~ H STA: 26+29.68, OFFSET: 27.36 RIGHT

COUNTY TEXAS

JQ{J WIrlB"R

3084-10.076

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RICI-IARD COPELAND ABSTRACT NO.

SURVEY 228

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i~~~IJ 11 PARr OF I ~ ii·t· MAU. RICE McCLAIN ~HCP'J~O --, g. """'" .. . t .. 1

(VOl 172 PG 96) ea"~Rtl( t·~, I • - SIOlW.~U~"

D.R _ D. C T. ~~"~'-':~' COtlCE.[TE ----=-~I--:::..::-.:."j •. ;j,1 ~ - ~"- . Cvlll J GtJ!1f.I' I -. ...,....

20' WATERliNE EASEMENT. k7 .. ',' y (VOL 99101. PG. 4729) ,,- I

D.RD.C.T V I N ~g~O'~" _w _____ 1~~ ~1

1/2-INCH IRoN ROD

PL C' AS' A 1\ I 'T "'~ Wj"WE5T 602." CAP ~ -M-#-V--t-.....-------L FOUND (C.M.)

VA[LEYROAtf .. _ !: -1 __ (~ V~f~IA8LE WiO~ ~GHT -OF -W~) _ -'-.(> _ -:' J

s 89'50'08" ( 144.00·! S 8S'SO'08" E 105 00' fi:~ l ~ [\i

I STAN McCLAIN 1 '. I; •.... ~i;. '0 I (VOL 2005117, '. _.;'

WILLIAM D. PEI\'NY SURVEY ABSTRACT NO. 7170

~' ".\ PlE PART OF . ASANT VALL . I~">- METHODI EY UNITED to. ,,:: (INST N ST CHURCH ~ ~ 1.- --j I~NC. . gp,olOo00n066) ""I ?, i;~'- . . R.O.C.T g', ';'

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52

/ -----~ .;~~ H

JESS£'{ RAYFORD DRAIN &: EARLENE DRAIN

(VOL 805, PG 214)

I PART OF I 't i ~. ';s PC. 8527) I' ,. IJ :: I a.R.D.C.T. ~ EXl:gN;~

20' WA rERLINE EASEMENT ' I bil PARCEL 7 16,629 SF

(0.382 ACRES)' (Vet_ 99101, PG. 4796) . \ J ;,' ii' :--"""""~ .. O""'--.B'_'-:~.>:-

C.R_D.C.T. r I, : > f.' ! I :'5' --:4(1.557; '] D R,O.CT. ,n o·

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W_\~O~~ N 00'37'41" W

193,23'

PART OF BENBROOK WINCHESTER, L.P.

(VOl. 94194, PG. 2246) D,RD.C.T.

I U '~i\ MARGARET J. AD (CM~'~ [. •• / .. ~ PILEY SURVEY

ZACH MOTLEY SURVEY

ABSTRACT NO. 7009

s 89'11'40" W is P~opo~.-:~----- 0 PROPOSED \

AD (CM)~ 1 ~ \. fg~~;! ' ... ":,:1 .~ 2'M7~~ 'EA~k~A~~ NO 7263

20 WATERLINE EASEMeNT 'o'-' _, '

(VOL99t01PG 4 715) ,), i".'\! :1 .:-: ROAlD

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56' 100'

~ 50'

COUNTY OF DALLAS

PARCEL NO. 7

SHEET 4 OF 4

I PARCEL NO, 7

'i ROAO

:PLEASANT 'l~llE r ~ ~ p',-,-c-,,-,-c-~ PIYf: >- SIOcf1r

!::: Gcq" . ~ G'£ 6'&~

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LEGEND PROPO$€O R,O.\\'. PAllen. E~';W1G ROW UNo PRO"ERTr liNE

INST. NO.-:---:-c::~-O.P.R.O.c.r

{lI'STINO ~~i~#Eln WIt su~"t'r COOlE OvtRHEAO POI'!!:R l'Nf:{S)

w

t1QJF;S;..

1. A \ega\ descdp\iorl of even sur~ey dote herewith (lccomponies this plot of survey.

2. Bearings ore bosed on the Texos Stote Plane Coordinate System North Central ZOfl" 4202. NAO 83 (CORS95). Epoch: 2002.00.

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AREA TABLE

1/2" rflOl< ROO ¥>In; "PAC~f:CO ~oOf' CAP 5~T ('-'''cESS alHrRl'\S( NOTto) CON't!1OlUW; MONUM£Nl

All/I,iINlJM f.llSK rOUNO

PO'/lfR POL( WATER VALliE

pp 'III CROSS ARM (LtNGTH ,N rEO)

p~ W/llGl-lT T£lfPKON[ SOX

WATtR M£l!:R

UG \'lATER MARKER 11lAFFlC $lG"

TllE(

GROSS = 3.070,876 SO. FT. (70.498 ACRES) PARCEL 7 16,629 SQ, FT. (0.382 ACRES)

NET "" 3,054,247 SQ. FT. (70jl~A.CRES) "I~ f' • ,D~OcT J I Is 89-;1'42" w, , .. ,i;, ,\/..~.~. (A VARIABLE WIDTH RIGHT-OF-WAY)

"- N 004820 w~ I! If 32.75 ,- -;I ,', N 00'48'18" W ::;;; 0 12i2.0T[ - I 1 '1 \ EXISn"G_ -.\ 'I' :. , 27966' OEPAfllMEN'f' ~ H-OR!<S ~ ~ PLEASANT VALLEY ROAD I I (: - l: R,O,\\'_ ·1· --, . Rfl3ffr~A'f.: ~" -, T

!'-" STATIONS/OFFSETS~ . , ,,",~I "',-. ,'c'",!

'--" . --- 3.50 RIGHT clC DALLAS. TX 75206 g72_2J5.J03! _,.',_ " __ ":."

"

? TISTA:-2O+ai~2~SE-:r:-29.J2 RIGHT MERRITTROADSTAT/ONS/OFFSETS ~~ P heco Koch 8~50 N. CENTRAl.EXP\\"(o SUIlE 1000 RIGHT"OF.,"oW. A ...... y ...... D ..... E.DfCATION _ k4S: ]X REO. (NGiNE£RINO fIRM r-4SS ~

~HT DAll~S • i'ORTWO~JH • HOUSTON lX REG. suRV!:Y\NG FlRM LS-l000SIl-00 t«CHSE mY I.JMITS 11:7 -$;i¢t.~;!i9f!1R::;QF ~ VAU.ET'!'IOU) 5.75 RIGHT >< l ~ I ~TA'; ;~~~~.';6 \ ;~F~~T: ~~.2~ R1G~~ I \ ~ \ ~TA' ;~~;;:~8 \ ;F~~~: ;7.36 RIGHT ~~;%~~

0' --- OWG FILE; J084-10-075P7.DWG

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COUNTY: PARCEL NO. ROADWAY: MCIP PROJECT No.

DALLAS 7UE MERRITT ROAD 22805

164

Exhibit "A"

EXHIBIT"A"

DESCRIPTION FOR PARCEL 7UE

Parcel7UE March 31,2010

Sheet 1 of 5

BEING, a 14,632 square foot (0.336 acre) tract of land situated in the William D. Penny Survey, Abstract No. 1170 and the Margaret J. Riley Survey, Abstract No. 1263, Dallas County, Texas; said tract being part of that called 134.5144 acre tract of land described in Special Warranty Deed from Real Property Exchange, L.C. to Benbrook Winchester, LP. recorded in Volume 94194, Page 2246 of the Deed Records of Dallas County, Texas; said 14,632 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod found at a reentrant corner of said Winchester tract and the southwest corner of that certain tract of land described in General Warranty Deed to Vergel F. Burress and Anita A Burress recorded in Volume 2003237, Page 10109 of said Deed Records;

THENCE, North 00 degrees, 11 minutes, 20 seconds West, along the northernmost east line of said Winchester tract and the west line of said BUrress tract, a distance of 323.51 feet to a point in the southeast right-of-way line of Pleasant Valley Road (a variable width right-of-way); said paint being the northernmost northeast corner of said Winchester tract and the northwest corner of said Burress tract;

THENCE, South 78 degrees, 04 minutes, 13 seconds West, along the said southeast line of Pleasant Valley Road and the northwest line of said Winchester tract, a distance of 316.75 feet to a paint;

THENCE, South 11 degrees, 55 minutes, 47 seconds East, departing the said southeast line of Pleasant Valley Road and the said northwest line of the Winchester tract, a distance of 20.68 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner at the POINT OF BEGINNING;

THENCE, South 11 degrees, 37 minutes, 24 seconds East, a distance of 15.00 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 78 degrees, 22 minutes, 36 seconds West, a distance of 285.73 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set at the beginning of a tangent curve to the right;

THENCE, in a southwesterly direction, along said curve to the right, having a central angle of 03 degrees, 41 minutes, 42 seconds, a radius of 3565.00 feet, a chord bearing and distance of South 80 degrees, 13 minutes, 28 seconds West, 229.87 feet, an arc distance of 229.92 leet to a 112-inch iron rod with "PACHECO KOCH" cap set for corne"

THENCE, South 42 degrees, 16 minutes, 13 seconds West, a distance of 46.44 feetto a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 01 degrees, 06 minutes, 19 seconds East, a distance of 135.48 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 45 degrees, 49 minutes, 20 seconds East, a distance of 8.69 fee.t to a 1I2-inch iron rod with "PACHECO KOCH" cap set for corner;

THENCE, South 00 degrees, 49 minutes, 20 seconds East, a distance of 305.53 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set for corner in a right-of-way corner clip at the intersection of the northeast right-or-way line of President George Bush Tollway (a variable width right-or-way) and the east right-of-way line of Merritt Road (a variable width right-of-way);

Page 8 of 17

1t3b

Exhibit "A"

EXHIBIT "A"

Parcel7UE March 31, 2010

Sheet 2 of 5

THENCE, North 38 degrees, 11 minutes, 57 seconds West, along said corner clip, a distance of 2457 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner at the northwest end of said corner clip: said point being In the said east line of Merritt Road:

THENCE, departing the said corner clip and along the said east line of Merritt Road, the follOWing two (2) calls:

North DO degrees, 48 minutes, 18 seconds West, a distance of 27966 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner at an angle pOint in the said east line of Merritt Road:

South 89 degrees, 11 minutes, 42 seconds West, along an offset iri the said east line of Merritt Road, a distance of 2,75 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner:

THENCE, North 01 degrees, 06 minutes, 1 9 seconds West, departing the said offset in the east line of Merritt Road, a distance of 15758 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner:

THENCE, North 42 degrees, 16 minutes, 13 seconds East, a distance of 52,75 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner at the beginning of a non-tangent curve to the left,

THENCE, In a northeasterly direction, along said curve to the left, having a central angle of 03 degrees, 46 minutes, 58 seconds, a radius of 3550,00 feet, a chord bearing and distance of North 80 degrees, 16 minutes, 05 seconds East, 234,33 feet, an arc distance of 234,37 feet to a 1I2-inch iron rod with "PACHECO KOCH" cap set at the end of said curve:

THENCE, North 78 degrees, 22 minutes, 36 seconds East, a distance of 285,73 feet to the POINT OF BEGINNING:

CONTAtNING, 14,632 square feet or 0,336 acres of land, more or less,

All bearings are based on the Texas State Ptane Coordinate System, North Central Zone 4202, NAD 83 (CORS96), Epoch 2002.00.

(A survey plat 01 even survey dale herewith accompanies tillS description,)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing descnption accurately sets out the metes and bounds of the easement tract described,

cha C CI er 03/31/2010 Registered P ofessional Land Surveyor No 5225 Pacheco Koch Consulting Engineers. Inc, 8350 N Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg, Surveying Firm LS- 1 00080-00

3084-10.076 SSC PARCEL 7 UE.doc rim

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MARGARET J. RILE-Y SURVEY

ABSTRACT NO. 7263

"TRACTS I, ii, III & IV' PLEASANT VALLEY UNITED METHODIST CHURCH, INC

(VOL. 97249, PG 1042) D,RD,C.T.

::: /'1''' ., ..... ,A-- _- ";~~' >0',.> - ""''' , :,y"" " .• -_.... . .. --- .' < UI ----'4L~I--t':f - STA ,17 115~8 0\,,0- .>0-:-.-( '" -~ --S7~ \ ~-'£XlsnN(> .,.- ~~--" "~, ./. >~ , - "" " . " ... "'<- ~-, .." ,- "--' ' . ,\"'~' - ".. . c'.. ._, ~''' .. , , " .~~~_"~ , ,,"'._. ",,, ~<i,;'",.," ' .;::'.~,\: eo ..... :" r,~;::,ruC2 ,~OFFSET 50·00 RIGHT ~(VOl 200323;' BURRESS

,. ,,~d'"'' .- .- .-.-l " ",,,',,0 0' ' .0 c C;' ,"" _-- 1500' E ",!

_---- PART 0 Sf' ,c, -=c ~ . .... BENBROOK WIN F A, 20+81.40 si

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. 14,632 SF ! D R.o'cf 2246) ./'" N' ,- -. (0.336 ACRES)! CO:'OINT OFF \ 89" 59- E Z006."·

"-, " ~ '. . ,,' ,. MARGARET J.

RILEY SURVEY ABSTRACT NO. 7263

NO. 7UE

SHEET 3 OF 5

~ N ~ ___ 3

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PARCEL NO. 7UE , \ " LtJ:'l' ROI>!!. 'PlEASANT'~4

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COUNTY OF DAl.LAS INST.

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O.P.RD.C, T.

AREA TABLE

.~ , PARCEL 7UE'i. (VOL 941.94 C~ESTER, LP. OFFSET, 65.00 RICHT Z;

LEGEN'O _ ~ 514, "+95." I 'MENCING '/'-,"CH '"

_ ,,""" ,." ,,,,. _, "~"o"' PROP£RT; u:tlm<: • VARIABLE (",Slt"G' I MU \ WIDTH NOR I:AStMWl UN!:: NCIPAL WATER IH TEXAS (INST NO DISTRICT E

O.P.R:O.C.T_ 201100058215) ASEMENT 9JRII(Y UN.

_O"'~~ OV£RH£l.O POM:R UNf(S)

GROSS "",3,070,876 SQ. FT. (70.498 ACRES) PARCEL 7UE"" 14,632 SQ. FL (0.336 ACRES) NET 3,056.244 SQ. FT .. (70.162 ACRES)

o 1/~' IROW IWD ",lfj

(C,M,)

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pp WI CROSS ARM (W<ClH IN FEEl) P" W/ UG111

TEl[PHOWE sox WAlE" U(1£H l}(; WATE:~ MARKER

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1. See Sheet 5 of 5 for Curve Tobie.

A legol desc6ptiorl of even survey dote hecew;th "ccompanies this plot of survey.

J. Beorings oce based 0" the Texas Stole Pfa<1c Coo,dinole System North Centrol Zone 4202, NAD 83 (CORS96), Epoch: 2002.00.

--">8 NUW<C"

3084-10.076

COUNTY

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RICHARD COPELAND ABSTRACT NO.

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WILLIAM D. PENNY SURVEY ABSTRACT NO. 1170

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j' MAURICE McCLAIN PROP(P(l ___ ,0 I i METHODIST CHURCH

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PART OF 1 ~ ~!f ~ PLEASAN~A~;l~:Y UNiTED

(VOL 172 PG 96) COtICRE1( VI! 'I (iNST. NO. 201000072066) S(l("WA(~ 1~....---4- ~PRDCT '"

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(VOl SSWI PC 4729) j ~! ~ s 7_ -~~~f£ \ ,~ [

ORDeT~" \i;":'OQ WT1E;..C- ~ __ ~ __ N_89?0Q: _,, _____ 18121 I 0' /-_~-~- '\;.-'- tx'sn~G

- '~~~~SIA 15+64 61 iT '" r~~:~_";:.~

PL C ASA A/T ,.,00 _1~1-0~~? ~~~~ ~~gl~o~~~g OFFSET 5000 IGMT __ ~ U~ -I-V-I-~ rOUND (eM) 1 ~'<1l& -~ , --~ '2

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STAN McCLAIN I r! 1 "II' ~ o I (VOL 2005117: I

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COUNTY OF Ofl.LLAS JNST. NO. _c-:ccccc-_

O.P.R,O.c'T.

PARCEL 7UE 14.632 SF

(0.336 ACRES)

PARCEL NO 7UE

SHEET 4 OF 5

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c' ~I '-PARCEL NO. lUf '" i'>Rf:SID<, t:: ,y, C£. -gi '1' OJro,( --, '3! lYuS',y ,

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1 =~:= ;:~~I~T;:tE - ~ - (XOSllNG (ASE"'ENT liNE

-" SUfl~P ti!'1t _O'''.~ OVERHEAD fOIl!'R I.IN({S)

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" ". l? & EARLENE DRAIN -lOR 0 C T ! tXli~' / I

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NOTES' ~,

POlitI! pou WAIER VALV(

PP wI moss "' (VOl. 805, PC 214) 20 WATERLINE EASEMENT , I't' o RO.C T. (VOL 99101 PG 4795) I ~' ~

N I Id' r J .

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See Sheet 5 01 ;, 10' Cur"" Tobie.

A Icgol dcscripUon of even survey oote herewilh occomponies this pio! of survey

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ltltPHDN( sox WAIER I.OEf£R

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N 8S'SO'OS" W 144.00' '" t~R8 ANa (.."tJm~ j III ( co."u>:no: ~ O.P.R.D,C,T Epo~h: 2002.00r ________ -::::::-:-

o-c::c=-____ _

-- ~-- - ,~ -- -'" S>lle,tA~ff t.O PART OF I AREA TABl- ---------------2 AD (C M) !~' r. (~lL--- £: ~::~E~;+7~O~\IGHT BENBROOK WINCHESTER. L.P, t.

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§ SUR.VEY ... . . I . . NO ~J.056,244 SO. fT. ;::.. I STk .:!-H42,54 Mf£RRITT ---.' .. -G A8STRACT 20' 'wATERLINE EASEMENt 1 , ',.",' OFfS[1: 76.11 RIGHT

(70.498 ACRES) (0.336 ACRES)

( ;i6:'.i~~.0CRES)

i; (VOL. S9101. PG, 4715) i, " ;"

c NO 1009 ., ORO c., S 89'1142 W RO.AD· .;j • N 00'4820 W.L. ___ _

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1; . . S OO'4~'20" E (A VAR'ABLE I'IlOTH RIGHT-Or-WAY) COUN7Y OF:-;;ffJlY:-.LAS, TEXAS ~s -.L.. 305.53 DEP~;~'.~ ~: J RfGHT~Y;.'.~T ~ ~ MERRITTROAO ... STATIOM. S/OFFSETS ~ p'a"c" ·h··e· c"0·· K" o···ch ij60 N.: cEiin,Al7:(PWY. SUITl:',OOO PERMANEN.~':.! :'.'i'U.· .. ·Tlt'.,t.;:V.i.:e;ASEMENT _0 ""·1--·"--·"""""-- . OALlAS,T~75206 972.2J5.JOJ1 ., ,/,.~.-,., 0'7 A ~TA 25+93.87 OF'F'~~T: 58.50 RIGHT TX RtG t"C1NEEIl'''(; FIRM ~-'53 . .- • _ __ .; ". :'

~ Cl ,El STA 24+36,29 OFFSET: 58.50 RIGHT DAl,[1\S • fORTWOIIDI fiOUSlON TX R[G SIJRV[Y't<O fiR'" l5-IOaoB(!-OO.~ C'TY LIInl n:)'\~,.,? ~ I"IUEY ~ .i2,~ l C STA' 24+.3i5:i'i OFFSET: 61.25' RrGHT ""'A""'''~ J(JIJ NU_EN ~ aM(,!<- ~,,: ' 1'1$

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ZACH MOTLEY SURVEY ABSTRACT NO. 7009

5T A. 23+ 79. 72

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, I '.)! . RILEY SURVEY

(VOl.

PART of STAN McCLAIN 2005117, PC. 8527)

DR.D.C.T. lj2-INCH IRON ROD\I W/PINK CAP FOUND ~.!

(UNREADABLE) \

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I... . " .. ~';.;;;';::i\1--/. 1.· •. ·1' .. 10<0. I ABSTRACT NO. 7263 I: . "~"'HH' .... cri ~ I II

[' :,' I _I. ~ g I MERRITT " --f.~j.11 -....,. ROAD

PART OF MAURICE L MCCLAIN

(VOL 732,41, PC. 1582) O.R.OLT.

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VARIABLE WIDTH RIGHT-OF--WAY)

20 WATERLINE EASEM(NT-· .~--=-! I j r, S(O (W'e 9"0' PG 41'5) I '1 1[: , I ' ... 1 ' III NOR;~ ~ASfJ4ENT DRO C T j ! ' i i, I

("1ST EX-'1S 7W • t ~t1----;- i: , '--CP NO

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PART OF BENBROOK WINCHESTER, loP.

(VOL. 94194, PG 2246) D.R.O.C.T_

PARCEL 7UE 14,632 SF

(0.336 ACRES) ~~ II 1CU~aAAOi - ---- ---- ,-*) >;: ~UT1ER: } Z 0 -VARIABLE VvlDTl-l NORlH TEXAS ~ --- ---- ---.J ~'I I c,; .. ! I :-: 'i I r.n- MUNiCiPAL WATER DJS1RICT EASEMENT

--- --- -::--..... t.""..,! I ! I STA- 21+:16.91, I (INST, NO. 201100058215)

{)ee04'3552 r;: --- \>;';<::<jl--'l- .. II 1".FFS~T: ... 50'98 RI1HT~. i, l....... ___ .D.P.RD.C.T. !ITA: 21-+-37.39

R~~:~~ ig 0 i! I 1 ':."";.1'1 i I "<,' i I -- -::..?~T; 75.00 RiGHT

1.3"87 SAMUeL COMPTON II II I . ~'RC£L 22

(£;- __ ~ __ CB_N 791254 IV - -, I : c=-!1~3~~·,11·57"' E ~Or. NORlH T PAf?T l'

CD=679 n SURVEY 'I ~ (JNST SWAY AU~~4S ! I _ 1-,0. 20

10' NOfTITr-p ABSTRACT NO. 368;, ('.. . ...... __ ~RDcO?2',,,O)

'RES/Dr-NT 1'1 I i. I :l:;;;:~V - ~ 4;;;, G I L""2576.06 '~OR I i T=1299;,82'

I,:;: I SS'U2'37 W (.4 VARIABLE WI G £' 8u.S CO",2564_41'

~

A legol deseript;on of even survey d"t~ "_cr~w;tr. occ",,,pC!r_;es this pint of survey

OlH RICH, 'u .,... . ,-OF_WAr) , T .I Ol.l.

VV4Y

c

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50'

1,\0 51l'

1130'

COUNTY OF DALLAS

PARCEL NO. 7JE

SHEET 5 OF 5

PARCEL NO. 7UE

'{ R,OAE-PLEASANT ,<1>.1),<-

~

~ ~ PARCtL NO. 7Ut

~ "'trE:StD k €:IVr ':: C€:OIf' ffi GC-.Q'

:;:;- 'U.s;; 1". ' q,;.

~r' NOT TO SCAl€

LEGENO PROPD$EO tAS€MUIT PARCE;L

tXISllNG ROW UN.

PRoPERTY LINt - - - (XIS11NO EASOoIENT UNE - - - SURI-I::Y UNE

_""L_ OVUlH£AO PDWE:R lINE(S)

o 1fT 'RON ROO 1IlT;l 'PACHECO KDCi-l" CAP SO (L'NU::SS OlHERW~ NoRD)

(CJ,) COH1ROiUflG "HlIIU),l~NT

AO AlUMlflUM OISJ( fCUfiD

'NS!. NO .. ~==7'--O.p .R.D.C. T.

"'. PO'l!{R POlf ~. WAl,R VAL\/!:

""!o) !,p w/ CROSS

.,. AR~ (lUSClli IN F((l) PP 'II/ UGHT

-..'0 lR(PHON( BOX WA1ER MEIER

.,-!FI Y VG WAlER MARKER TRAme OlGN

T~LE

AREA TABLE

GROSS =3.070,876 SQ. FT. PARCEL 7UE= 14,632 SQ. FT.

(70498ACRES)~ (O~.336 ACRES)_I

NET = 3,056,244 SQ. FT. (70_162 ACRES) 1

~-i!2. 2 8eor'r.9s Ore bosed on the Texas Stote CO' IA rrv O!e:: -~ALLAS TEXAS

::i ;; PI one .coordrnote System Noeth Central - LJI'If I I I,.' / '.::',,~,?, " [ !( .' Zone 4202, NAD 83 (CORS96), D£PAR'fMEN[;j;:JF'''PfJf3l;IC I-+OfY(S :;; ~ [poeI->, 2002,00 ~~y , . T

g ,-~,,'j '. '-' '\',-,

, / CURVE TABLE ~ Pacheco Koch "'" ""'" "e.,. '"'" .oM PERMANENIr'UT. lL.'l'Y. "E .. ASE.MENT ;:; g _ DALLAS. TX 75205 972 2J5.30J1 ; \'l'~'" ".- - "' .. : 2 I CUR~'E DhLTA RADIUS LENGTH TANGENT CHORD BEARING CHORD _ TX R£G_ ENGINE£R1NC flRM F->!fi9 \ <': "W, " .'.;~' ..... ]i' - .. _- .- I ) J DAllAS. f-ORTwOR1H • HOUHON fX REG, SVRVE;'1lNG fiRM l5-1G\lOeC-OC SAC:HSE 01Y l..tW'rn ro'~~ ~"VAU.EY ROW

~9 )--~1 0.3"41',4:2':.-+ .. )565.00' 229_92.;-~J 115.00: S 80·13',28", W 229.87: M,,_$" CHnoU"aY $CAl.e "ArE JO$NI,tM''';R ~£O. =~ .. ~': ',', ,'>/ mE--

8'::, C2 03~465fl.35S0_00'-~7. 117.2.3 N 80·16 OS' E 234.33 JSA/RLM" MCC yl 1"",50' ,J MARCH 2010' 3084 10_076 ~ ~_ seNE" .' S'£lT

OWG FILE. 3084 10 076P7UE_DWG

---'

(J

0:

COUNTY: PARCEL NO. ROADWAY: MCIP PROJECT No.

DALLAS 7SE MERRITT ROAD 22805

169

Exhibit "A"

EXHIBIT "A"

DESCRIPTION FOR PARCEL 7SE

Parcel7SE March 31, 2010

Sheet 1 of 5

BEING, a 7,318 square foot (0.168 acre) tract of land situated in the William D. Penny Survey, Abstract No. 1170 and the Margaret J. Riley Survey, Abstract No. 1263, Dallas County, Texas; said tract being part of that called 134.5144 acre tract of land described in Special Warranty Deed from Real Property Exchange, L.C. to Benbrook Winchester, L.P. recorded in Volume 94194, Page 2246 of the Deed Records of Dallas County, Texas; said 7,318 square foot tract being more particularly described as follows:

COMMENCING, at a 1/2-inch iron rod found at a reentrant corner of said Winchester tract and the southwest corner of that certain tract of /and described in General Warranty Deed to Vergel F. Burress and Anita A. Burress recorded in Volume 2003237, Page 10109 of said Deed Records;

THENCE, North 00 degrees, 11 minutes,. 20 seconds West, along the northernmost east line of said Winchester tract and the west line of soo Burress tract, a distance of 323.51 feet to a point in the southeast right-of-way line of Pleasant Valley Road (a variable width right-of-way); said paint being the northernmost northeast corner of said Winchester tract and the northwest corner of said Burress tract,

THENCE, South 78 degrees, 04 minutes, 13 seconds West, along the said southeast line of Pleasant Valley Road and the northwest line of said Winchester tract, a distance of 316.75 feet to a point;

THENCE, South 11 degrees, 55 minutes, 47 seconds East, departing the said southeast line of Pleasant Valley Road and the said northwest line of lll1e Winchester tract, a distance of 20.68 feet to a point;

THENCE, South 78 degrees, 22 minutes, 36 seconds West, a distance of 285.73 feet to a point at the beginning of a tangent curve to the right;

THENCE, in a southwesterly direction, alon!1l said curve to the right, having a central angle of 03 degrees, 46 minutes, 58 seconds, a radius of 3550.00 feet, a chord bearing and distance of South 80 degrees, 16 minutes, 05 seconds West, 234.33 feet, an arc distance of234.37 feet to a point;

THENCE, South 42 degrees, 16 minutes, 131 seconds West, a distance of 25.87 feet to a 1/2-inch imn rod with "PACHECO KOCH" cap set for corner aI the POINT OF BEGINNING;

THENCE, South 00 degrees, 49 minutes, 2:1) seconds East, a distance of 476.39 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for C<Jrner in a right-of-way corner clip at the intersection of the northeast right-of-way line of President GeOlfge Bush Tollway (a variable width right-of-way) and the east right-of-way line of Merritt Road (a variable width right-of-way);

THENCE, North 38 degrees, 11 minutes, 571 seconds West, along said corner clip, a distance of 24.57 feet to a 1/2-inch iron rod with "PACHECO KDCH" cap set for corner at the northwest end of said corner clip; said point being in the said east line of Mlerrilt Road;

P:age 13 of 17 s;:u .:tlj\\i!\\j ad ;,. Wi-#! Wilf\l\A \ g; W • .H( g.,.A;;;)J%,G;;S.; :; • ;HUl .e MM.;I;:&, h £41 Z; 14A';::: 4

170

Exhibit "A"

EXHIBIT "A"

Parcel7SE March 31, 2010

Sheet 2 of 5

THENCE, deparllng Ihe said corner clip and along the said east line of Merrill Road, the following two (2) calls:

North 00 degrees, 48 minutes, 18 seconds West, a distance of 279.66 feet to a 112-inch iron rod with "PACHECO KOCH" cap set for corner at an angle point in the said east line of Merrill Road;

South 89 degrees, 11 minutes, 42 seconds West, along an offset in the said east line of Merritt Road, a distance of 2.75 feet 10 a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner,

THENCE, North 01 degrees, 06 minutes, 19 seconds West, departing the said offset in the east line of Merritt Road, a distance of 157.58 feet to a 1/2-inch iron rod wllh "PACHECO KOCH" cap sel for corner;

THENCE, North 42 degrees, 16 minutes. 13 seconds East, a distance of 26.88 feet to Ihe POINT OF BEGINNING;

CONTAINING, 7,318 s~uare feet or 0.168 acres of land, more or less.

All bearings are based on the Texas State Plane Coordinate System. North Central Zone 4202. NAD 83 (CORS96), Epoch 2002.00.

(A survey pial of even survey date herewilh accompanies III is descriplioll.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of Ihe easement tract described.

ic'h. I 03131/2010 Registered rofessional Land Surveyor No. 5225 Pacheco Koch Consulting Engineers, Inc 8350 N Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-1 00080-00

3084-10.076 B&C PARCEL 7 SE.doc rim

Page 14 of 17

5c II f w

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~ /

~ CHARITYS (v-' '2\ LOT J

p _ WILLIAM O. ~ S 'J', eN,

ENNY SURVfY~'f / ~-........ ";;, ~ ~I \ VUL. ::10VUO ,6:0>.. b~. 0 ,r'G. JLO':;jj _ , .R.O.C. T, -;-c' ~_ _ ____ _ _ '" ,m,

."",'" PLEASAN~ ~ II, III & IV" MARGARfT ::};-~(;" "c METHOD1ST ci:/u

EY UNITED RILfY J. ~} QRO

C1

-~ --"" m "W '''' SUrM. Y .".,~. - ' .' .-,:c. tc "'" AB 5 TIl ACT NO. 1 - ~ ''"' -,~ ,.,.~'" "m"O~O'M 263 ANT

,-,,'ceO''' 'W-W' __ c; '~"";l'\ __ -- ----- -- -- pi r:::AS ,~,w ~""."'" ." ' "",~., _. ....... ........~D~-,,1/'1- _~S-"'"",,~~--------~'" ~----I-I'~ ;,~. :"",,",,'" ~~" ". ".,~o~·· .}\." .. "',. ~,.",,~ 2 ""mll\-~-\ '-~ --",-/ -,;"C--- -,,~~ --c.~ ,,~ieL£:"\O~ --~ , , ~.., '''~:J~ ...d, ..... ' ..

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0'''2'''' W 2B~!_ ". _ _ _ •. , AND ANIT' RESS 'c~' ,.' . •.... " , .1.;............. . . .-.. .--, ,~~m -c,. ~V(;~ -= =-= t :.::-:-..,,,~-;;;;;-,,' -..J II" ,;,.' "''''

___ __ OOK WINCHESTER _ _ _ ____ (VOL. 94194 ' Lr. z"i ___ .. DR ci PC. 2246) ~ \ N as's' - -"'''8Lf wm< ' , ,C.T. 00 POINT OF' 25,," E 2005.49"

MUNICIPAL WA NORTH TEXAS MARGA MMENCIN ('NST NO 20 0[' D'"'''' ',SEM,N RfT J G '12-'NC< "ON O.P.RO.C:T. 1100055215) T R! LEY SU . ~bD rOUNO (C M )

_ R~Y ..

ABS rRACT NO, 7263 LEGEND

'(

~ N . :::s

50' WI!'

r : sl!'

<S, PARCEL NO.

,PltAS.ANT~~ ~~r"'Rctl NO. 7SE

&P~

!: GCOlTof .i ::-...

~

1: "" '0.' ::; -'-(ilkI-'

NO' ,0 SCALE

JNST. COUNTY OF DALLAS NO_~~-c--_

a.PR.D.C_T.

AREA TABLE ;!; Sj r--

I :-- --PRCPOSf;D CAS(M[NT PMC(l

O;)S"NC IIOW liNt i GROSS =.3,0.70,876 SO FT (70.498 ACRES) (0..168 ACRES)

(70.330. ACRES)

r ~

" " ~ ~ :3 o ~

o

PROPVlTY lIN(

n,5"N~ ~~S,"E'" (,N£ SURVEy l'N(

CV(R><cAD PQW(R lI"((S)

'n: ,~o,., !?aD ",'rH 'PACHECO KOCH" CAP sn ("~lt5~ on .. E:R"'S( 1<0f(0)

(C "'_J CO"'T~O'l'NG "<)NV"f.,,r

AI) A\',)""NUM ~15X 'Ol.'~Q

~ "'. POWE:R POL£ tiillL.S.;. ::;;: 0 "". WAroR YAL'it

~ ~ ~P$"' ~~""'£E~~~;iSIN F(~l) See Sheel 5 of 5 for Curve Tobl".

UJ £, ):!-. pr '<I/UGFi] A ICgol description QI even 5urvey dole I g ·,,0 l£lEPHOI'/[ BOX herewith accompanies this plol of survey_

c; w,uDl MflE:!l 6 Y) "r,r lIC wATER lJA~~tR ,t Bearings Ofe bosed on the Texo$ Slot~ ~ 0 ~'''." lRMrl(: SIGN Plane CoordinQie Sy.;tem North Cenlml ~ 3;; TRtf Zone 4202, NAD 83 (CORS95).

Z;3 L-'=~~======:::==~ ______ £POch: 2002.00. g3-",: .KJ/JN_'3f'"

3064-10.076

PARCEL 7SEco 7,318 SQ. FT.

NET =.3,0.63,558 SQ. FT

-'"

'" -"

~ E "' x UJ

i: i:-g I~

b I~

RICHARD COPeLAND ABSTRACT NO.

SURVeY ,[

228. '1 I ~ I

10

PART or I~III; [~ MAURICE McCLAIN PRO"OS[O-'--. a :. ~:" .i. 1

(VOL, 172, PC 96) ~f\~r~~ ~,,: J

D_RD.C. T, ! \::

D_R'D':o~ WAT[~~~:~~~E~A!r~~;:~~_=r1~I":-T7-.• --I (VOL, 99101, PC_ 4729) -' -I !

~"--------L.... N 39~0'~~." _w ___ ~ _ 181.21'

1/2~INCH 'IRON ROD P L 6ASAAI-T~~~- W/'WE~6u~g2(C~~~

WILLIAM D. PENNY SURVeY ABSTRACT NO. 7770

- I PARr OF •

PLEASANT VALLEY UNITED ~~I_ .~~i. METHODIST CHURCH 2 ~ r· .

(fNST. NO. 201000072066) _--~":t-'/ ________ ~

O.P.R_D,C.T, '-" _!:--172.S8'~

i • 'II - -" -" "'" J c'v\.'l1 ~pos.ov ,," ".QO~""-I S 7:;... --- cQ!;t,~m·" ; _ . .-'~"'

Iz ~ ,!-vR!I--&.' ~ •

_:.',~_r.~ __ ,,_---,.-.-.-~ -__ -.---,~+bo', ~-'~_OJNT OF. __ " -----·'rf~:~:~~r_'~ l~:~~.~l!~G'NfI'NG _ ~[~~!~io' .i"c;;:iJ~~,=---- ~-~ '-vAIIEY 710-A1J~.ll

(A VARIABLE WIDTH RIGHT-OF-WAY) "'- - -~~\,_. I -" S.8;.s0~-8-E-";40~1 s B9::;~~;~::~ II'\J~I' '.~' i ,,~,~

g I (VOl. 2005117, [ I I': JESSE'Y RAYFORD DRAIN 0 PC. 8527) 1 1 t1

& EARLENE DRAIN ::: I D,R,O,C.T. D:tSlING I !/~ , .

, PARCEL 7SE 7,318 SF

(0.168 ACRES)

---

(VOL 805, PG. 214) 20' WATERliNE EASEMENT - ,f?pW 'l • I ';,:.\lJ ~ I' (MARGARET J. D.R.O,CT (VOL 99'.01, PO 4796) , . 'J lIe" '. '"I.' , RILeY SURVeY

e:, "' ,. '" '" ~

I N -", lllll'

r ' 50'

COUNTY OF OALLAS

INST NO --:c:-::~I:7~' O.P,R.o.C.T.

=

PARCEL NO. 7S[

SHEET 4 OF 5

PARCH NO_ 7S(

f.~ fl.o".o PLEASANT 'JI'.\..\.. ----,

-- CO ~ PARCEL NO. 7S[ t,

~

~ 'f?£:SlOD"r c t: :to-'?Cf .... ~ q;~ ~ ro~~:

NOT TO SCALf; '~i-'

LEGEND --~ "ROPOS(D ["'S(~fN' PARCEL

-"-- txrSTiNC ROW liNt

.. ,,--- PRDPEflTr Lt>lE - - - €X<SI'NC (ASEM!:Nl UNE

. - SiiRVfY UNt

------<l"'_ OY~Rt<E"[} POW<R llNqS)

o lIT IAON AOO y"m -PACHfCO KOCH- CAP SET (UNLESS O1H(Ry"S[ NOT(O)

(C,,",) CON'"OllINn "'ON\l"'~NT

~ Al\i~'MJ~ DlSK fOUND

"', PQW£R POLo

", WATeA YALvt:

"'.1" ~p WI CROSS

See Sheet 5 01 5 for Curve TObie. ~n~ (W<CTH IN ~HTJ

O~. Pi' 'II l'CHl O,R,O·C.T j' R(lilOSW~I"1 "' ..

3= I .' ; !:,;f.o'w'I!" '-__ :~'" "3' w: I' ABSTRA C T NO, 7263 2. A le'-l?1 dCllcripUon .01 eV,en svrvey dOle mO I(L[~HON" aox

~" I'IAltR MET(R

Wl~~ UC WAfER MAIlg(R

<0 ,: \ j~ .) ~ '-1",1--- VARiA8LE WiDTH NORTH TEXAS J, 8eo"n'l~ o'e bosed on the Te~o$ stote TflMl'!C SIGN

rli~"

ZACH MOTLeY SURVeY

ABSTRACT NO. 7009

~ I r '-'~:'-'-'--} i: i'; t!;:t I herewliM Occompon,es tM,s plot of slJrv"y

,.J~ '~' ~)" ' .• "'. . I W I MUNIC!PAl WATER DISTRICT EASEMENT Plone Cooro'nllte System North Cent,,,1 o fRg~~~<~,,~o~~~p~ I ~ 0 p~r-A-lm~'- .: "en b I (INSf. NO. 201100051;1215) ZOM 4202, NAD 83 (CORS96).

N ~"::'~'_?~":_ W_l-::00' "., (~ j r;-6i~~~' !-: ~ I ~i G_P.RO.C.T. PART OF Epoch 2002.00

AD (C~M'j I ""'l't'l '; P .... 1 BENBROOK WINCHESTER, L.P. "l ) ~ "-1 0, (VO' 94194 PC 2246) AREA TABLE s 89'\j 40 W P~''"''s"'.f- ",' 0 0 ~ l..., "~~-l

2748' ! I 5j~P; 5' J~' Vl . O.RD.C.T. GROSS =.3,070,576 SQ. FT (70.498 ACRES)

AO (CM)~ .G'IOTlR nJl'ERRITT PARCEL 75[- 7,.318 SQ, FT. (0_168 ACRES) "- I lVI, NET -3,063,558 SO, FT. (70.330 ACRES)

20(V~tT;~\I~~ ~~SE~7~~~ ; '<" ' I ROA D ORDCr j:' 89"l1'4t'

N 00'4820 WL.. I 1.3207 r--

TEXAS

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! ~ 3-u " a

ZACH MOTLEY SURVEY MA1CHLINE S7A 23+71.10

ABSTRACT NO. 7009 .. \.:)1 III J11 I N 00"48'20' W\~ .11.

132.0~;["W >.i .. 1 PART OF

MARGARET J RILEY SUR VEY

ABSTRACT NO, 7263 5T AN McCLAIN CQNCRH£ I.

(VOL 2005117, PC. 8527) O.R.o.C.T

5IotWALK . <

1!2-IN

CH IRON ROD ,\1: .. 1'· W!PINK CAP FOUND I"

(UNREADABLE) _:

PART OF MAURICE L MCCLAIN

(VOL. 73241, PC. 1582) D.R.O.CT

---1'1'

g~\! I j ~ ,: PROPOSED ,; b:=' j C,NNtJ£!

~ I:' ClJ~Slil~ I 20' WATERLINE EASEMEN~ __ I,

SLOPE: £:As' ' D.R.D,C.T, : ,

NORtH fE/MeNf .1 ".1 -' , (INST AS rOLUYAY _, _ .. ', ~ __ ,~_

--- --- .:t\: I" - -- -- --J -~:) i - i "

a,

'" IIMERRITT ROAD

VARIABLE WIDTH RIGHT-OF-WAY)

. 1: ~~~:~~ifL ~~TT~RN~~ST~Rl6fXt;sEMENT

In

(INST. NO. 201100058215) O.P.R.O,C.T.

PART OF BENBROOK WINCHESTER, l.P.

(VOL. 94194, PC. 2246) .... __ D.R.D.C,T.

PARCEL 7SE 7.318 SF

(0,168 ACRES)

) N

50' 11l0'

I' " 5~'

'VOL 99W', PO "'5, ') '.. I' .. -9..Pl!!!.~20013028Joa2/urHORlry I '.'d. \.1 J,

-. ,:~ z' I): STA:

Oe04'''52 r::-----~ - ~i''o"' ,I li'F'F 60~' PIGPT '~ _ ~ ~ __ ,-""'"' -----.J",I, .'k" 'p ___ ~ STA; 21+37.39 (FFSET; 75.00 RiGHT

COUNTY OF OALLAS INST. NO.

L~""9 ii, S 38'1157' 'PC" 20 __ ____ - -=';148' SAMUEL COMPTON: 1 I,' 3811'57" W( :-H2310 rO.LL~R7H(i{X:ARr7"

CB=N /9"1254 W S'IR"'Y "I ~ 2457' (INS, "IoAY A,UIHO~, CD~629 " U V C I ' . 201

00 or,

ABSTRACT NO. 368'1" " - _ ~P"Ocf28'"O) P/?'£::-S'Ir.'£, ., .. '.,1 11' ::"B~~;;~V __________ 4.::, IU NT ! I l",257606 G' ~ f T"'129982

L;;' 10 hGI: CB-N 66'0237 W (A V T'j Bu. CO=256441 ARIABL£

WlOrH RIGHe- SLI "'011 ' ,OF_WAY) 'I 1 j 4..L

O.P.R.o'c'r.

~ WAy

PARCEL NO 7SE

SHEET 5 OF 5

PARCEL NO, 7SE

~ I . ROI'-O ;Pl£i>,SANT:V~ ______ 1

~ 1\ ~ P~RCEL NO. 7SE

ff;~ \::\ Gt°ffc[- ..

~t $&,s;r; l:

~j 1f(~I-' TO S~Al~

LEGEND PROPCS!;O EASf!,!E~T PARCEl.

~~-~ £Xlsn~<l ROW LIN( - PROPERlY liNt:

~ - ~ [XISllN<l ~nlT UNE .. ~ SOR\ity LINE

-o,;l- OVERHEJo,O PO\\(R lINE(5)

o liT !RON ROO \11TH 'PAC~CO KOCW CAP 5<:T (llNefSS oTH[!!VIISE No1£O)

(C.MJ cm-rf!Hll.l1'1~ ,mNliMENT

AD ALUldiNUM orSK rDUND

Ie,

". ~.(')

'" "'~

\.

AREA TABLE

roWE!>. POcE WATER VAL~

PP wI C~OSS ARM (LENGTH IN F€£T) pp wi U/;IfT

RlEPHONE sox WAl(R Mum

V(; WA1E:!l MARKER TRAmC S.GN

lRa

> 0 "0

A iegGI description of evefl survey date herewith accompanies tilis plot of survey.

Beorings are bosed on the T ~"as State Plone Coordinote System liodh C"ntro) lone 4202., NAD 53 (CORS96).

COUNTY TEXAS N<'

N' Y ww o 1::;-

~O

~"

Epoch: 2002.00

CURVE TA:BLE ~~ o ~ I j_CURV-'7.-l--...EELTA CHOROBEARING CHORD

8'; lJ:: Clm'~46'58" I S 80"15'05" W I 234.33' RlM MCC 1" 50' I MARCH 2010 3084-10.076 tN

--'

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17-10

" 22-25 25-_,3

" 35-3~ 39-~2 43-H 4S-·'

'" '" 50-52 53·55 55-68

69-72 7:l'B4

~~:~S %

97-98

"' ,00

'"' '" '"' !04-t06

'" 'OO ,"" '" '" '" "3-115

---,-----------,--iliQ.EX OF SHEETS

.-----,.~

Qf.$.cRPflQN

Jti'N(; ~U~, :-?,:,~~g.'!!~Sl;;~O' nu

§g'N'%?3p~OSED PAV£ME>IT

• ~OT['

THe rxOOl stANOARD SHE[lS SP[CWICALLY 'Q(N1!f'(D ON T>lIS Sff£n HA'JE 8EW SE;UCTE;D BY !,!( OR UNDER MY Rl:S?QN51B\.£ SUPERVIS10H AS BEING APPliCABLE' 10 T>l5 PROJeCT.

~,CAlE8 1'iOR;;;::;U:'PY--TEXAS NO_'~--

(--~QU~~--~FFICIAlS

: I

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COMMISSIONER DISTRICT ~1 - MAUR-iNE DICill-·----

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DALLAS COUNTY COMMISSIONERS COURT DEPARTMENT OF PLANNING & DEVELOPMENT


FROM: Rick Loessberg, Director of Planning & Development IfIt"",. SUBJECT: Grand Prairie Subcourthouse - Change Order #5

Background In April 2012, construction began on a new $6.2 million subcourthouse in Grand Prairie. The project's contractor (Harrison Walker & Harper) has submitted a request for Change Order #5 which includes additional work that has been requested by the County and which corrects a billing error made in a previous change order. So that the Court can consider this change order, the following briefing information has been prepared.

Operational/Financial Impact The items associated with Change Order #5 and their costs are as follows:

• Alternate acoustic wall panels • Relocation of eXisting/installation of additional electrical outlets

$ 6,509 $ 3,539

• Installation of interior office window for supervisor and corner cabinets for two safes

• Correction of previous billing error Total

$ 2,598 ($ 1,645) $11,001

The acoustic wall panels have been added to improve the acoustics of the building's two courtrooms. A number of electrical outlets have been relocated or supplemented to help improve building efficiency and to anticipate future needs. An interior office window is being added in the JP office so that a supervisor can better observe the office's clerks, and a corner cabinet that will house a safe is being installed in both the County Clerk's office and the Tax Office.

Broaddus & Associates, which has been retained by the County to manage the project, has reviewed Change Order #5 and recommends that it be approved. This change order will have the effect of increasing the project's contract by $11,001 from $6,239,946 to $6,250,947. Funding for this increase is available within the current project budget in the MCIP (Project 70153).

MWBE Information The value of MWBE subcontracts on the construction of this project is currently at 28.8%.

Project Schedule The substantial completion date for this project remains unchanged at February 20, 2013.

411 Elm Street, 3,a Floor, Room 313 Dallas County Administration Building

Dallas, Texas 75202-3301 email: [email protected]

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

182

Strategic Plan Compliance This project supports Objective 5.3 of the Dallas County Strategic Plan by improving the appearance and effectiveness of County facilities.

Recommendation It is recommended that the Change Order #5 which provides for $32,350 of additional improvements and corrects a previous billing error be approved.

cc: Mark Starr, Broaddus & Associates Tim Glenn, HWH

January 2, 2013

183

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION


THROUGH: Ryan ~n, Budget Officer

FROM: Office of Budget and Evaluation Staff

SUBJECT: Conference/Travel/Training Requests

The following departments have requested approval for Conference/Trave1/Training. The requested amounts listed are estimates. All reimbursements/or hotel and meals are reimbursed according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.

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

PROBATE COURT# 3 - Judge Miller requests reimbursement for a car rental in the amount of $447.83 that was used during his attendance at the National College of Probate Judges Conference. The original brief did not include car rental. The Auditor's Office is requiring that Commissioners Court is notified prior to reimbursement.

ORIGINALLY BRIEFED -AUGUST 14,2012 notifies Commissioners Court of.Tudge Michael Miller attendance at the National College of Probate .Tudges in Napa, California from November 13 - 18, 2012. The total estimated cost to attend is $1,869 ($495 - airfare round trip, $950-hotel, $350 - registration fees, and $185 - food). Funding is available in the Probate Escrow Education Fund (532.21667).

PROBATE INVESTIGATOR/VISITOR OFFICE - The court investigator's office requests approval to reimburse Renata Cunha, Probate Court Investigator, for her attendance at the A Journey Schizophrenia, Treatment and Recovery Training in Dallas, Texas on December 18, 2012. The total cost to attend is $30 for registration. Fundill1g is available in the Probate Escrow Fund 532.4701.4702.4703.21667 ($10 - 4701, $10- 4702, and $10 - 4703).

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 • r1watkinsCCDclallascounty.org

1 84

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

JUSTICE OF THE PEACE 5-2- Judge Jasso requests approval to approval to attend the Justice of the Peace Court Seminar 20 Hour TJCTC Training on January 22 - 25,2013, in San Antonio, Texas. The total estimated cost to attend is $196 for roundtrip airfare. Funding is required from Unallocated Reserves.

CONSTABLE PRECINCT 5 - requests approval for Constable Beth Villarreal to attend the Legislative Practices Conference on January 23·24, 2013 in Grandbury, Texas in Grandbury Texas Conference Center. A county vehicle will be used for transportation. The total cost to attend is $262 ($60 - registration, $97 - hotel, and $105 - food). Funding is available in the department's training budget (532.2460.0.91053)

ROAD AND BRIDGE DISTRICT #2 - requests approval for Amy Mueller, Traci Enna, Cole Leonard, or Kristi Pardon to be reimbursed from the department's DDA for their attendance at the Chamber of Commerce luncheon or events that have cost associated. The request includes Chamber Commerce events in Garland, Rowlett, Sachse, Greater East Dallas, North Dallas, Metrocrest, Farmers Branch, Richardson, Coppell, Addison Business Association, and Farmers Branch Hispanic Chamber of Commerce. The projected reimbursed annual cost for FY2013 is $1,000. The department has funding available in their DDA.

COUNTY CRIMINAL COURTS - requests approval for reimbursement for Judge King's registration fee in the amount of $60 for the 2013 Winter Regional Conference from January 7-8, 2013. Funding is available in the department's DDA (120.4606.2230).

TEXAS A&M AGRILIFE EXTENSION SERVICE - requests approval for mileage reimbursement Lexie McGrane to attend the 4-H District Roundup in Commerce, Texas on December 8, 2012. The total amount of reimbursement is $69.38. Funding is available within the department's budget.

JUVENILE DEPARTMENT - requests approval for the following:

• Roddrick Keith Armwood, Pete Chavez, Leah S. Probst, Maritza Almanza, Marilyn Boss and Lisa Murad to attend the Texas Juvenile Justice Department (TJJD) Juvenile PREA Standards Conference from January 8 - 10, 2013, in Austin, Texas. The department request approval for use of the County Vehicle for travel outside of Dallas County. The total estimated cost to attend is $1,844 ($745 -hotel, $648 - food, and $450 - registration fee). Funding is required from Unallocated Reserves.

• Ervin Taylor and Charlotte Edney to attend the 26th Annual Robert O. Dawson Juvenile Law Institute Conference from February 10 - 13, 2013 in San Antonio, Texas. The estimated cost to attend is $2,404 ($384 - airfare, $743 - hotel, $288 - food, $690-registration fee, and $300 - cab fare and luggage fee). Funding is required from Unallocated Reserves.

Briefing Dale -Jaruuary 8, 2013

185

ELECTIONS· requests approval for the following:

• Toni Pippins-Poole to attend the IACREOT Semi-Annual Meeting from January 12 -15, 2013 in Savanna, Georgia. The total estimated cost to attend is $1,632 ($678 - airfare, $50 - mileage, $304 - hotel, $225 .- food, $40 - ground transportation, $150-registration fees, and $50 -luggage fee). Funding is available in Elections Escrow (532.91295.4010).

• Toni Pippins-Poole to attend the TAEA Conference in Corpus Christi, Texas from January 9 - 11, 2013. The total estimated cost to attend is $737 ($113 - airfare, $50-mileage, $203 - hotel, $105 - food, $50 - ground transportation, $165 - registration fees, and $50 - parking and luggage fees). Funding is available in Elections Escrow (532.91295.4010).

• Rivelino Lopez and Jana Onyon to attcnd the TAEA Conference in Corpus Christi, Texas from January 9 - 11, 2013. The total estimated cost to attend is $1,764 ($574 - airfare, $75 - parking at airport and mileage, $510 - hotel, $210 - food, $40 - ground transportation, $330 - registration fees, and $100 -luggage fees). Funding is available in Elections Escrow (532.91295.4010).

HEALTH AND HUMAN SERVICES· requests approval for Gerald Barnett to attend Contact Investigation Training in San Antonio, Texas on January 13-15, 2013. The estimated cost to attend is $673 ($353 for mileage reimbursement, $250 - hotel, and $70 - food). Funding is required from Unallocated Reserves. Activities are related to TB Clinic Department 5216.

JUSTICE OF THE PEACE 2-1 - Judge Cooper requests approval for reimbursement of a hotel invoice in the amount of $194.93. Judge Cooper attended the Texas Justice Court Training Center 20 Hour Seminar in Rockwall, Texas from November 12 - 15, 2012. The department does not have DDA to reimburse Judge Cooper. Funding is required from Unallocated Reserves.

Notifying Commissioners Court of Conference/Travel/Training funds nsed by Grant Programs

JUVENILE DEPARTMENT - requests approval for Billy Williams to conduct a site review at the Pegasus Schools at Camp Comanche from December 17 - 19,2012 in Lockhart, Texas. The total estimated cost is $158 ($86 "- hotel and $72 - food). Funding is available in the Dallas County Juvenile Department's State Aid Grant (466.7108.4010.2013).

INSTITUTE OF FORENSICS - requests approval for the following:

• Brenda Espinoza-Andree to attend the Advances Classes on Medicolegal Death Investigation in New York, New York from May 19 - 25, 2013. There is no cost to Dallas County for staff to attend.

• Casey Gould to attend the Annual Academy of Forensic Sciences Meeting in Washington, D.C. from February 19 - 22, 2013. There is no cost to Dallas County for staff to attend.

HEALTH AND HUMAN SERVICES· requests approval for the following:

Briefing Date -January 8, 2013

186

a) Anita Friedman to attend the National Epidemiology Data Surveillance System Training in Arlington, Texas on January 18, 2013. The estimated cost (0 attend is $30 for mileage reimbursement. Funding is available in HHS PHP grant #8723.

b) Daniel Serinaldi to attend the LRN Conventional Methods Training on January 15 - 18, 2013 in Austin, Texas. The total estimated cost to attend is $759 ($218 - mileage, $391 -hotel, $140 - food, and $10 - parking). Funding is available in HHS PHEP grant #8720.

c) Christen Buseman to attend the NEDSS Advanced Training in Arlington, Texas on January 11, 2013. The estimated cost to attend is $30 for mileage reimbursement. Funding is available in HHS PHP grant #8723.

d) Christen Buseman (0 attend the SAS Programming Introduction Training in Dallas, Texas from March 18 - 19, 2013. The estimated cost to attend is $39 for mileage reimbursement and $1,100 for pre-paid registration. Funding is available in HHS PHP grant #8723.

e) Rita Kuchmierz to attend the Public Health Preparedness in Atlanta, Georgia from March 11 - 15,2013. The estimated cost to attend is $2,428 ($450 - airfare, $49 for mileage reimbursement, $800 - hotel pre-paid, $320 - food, $150 - ground transportation, $525 -pre-paid registration, $$84 - airport parking, and $50 baggage fee. Funding is available in HHS PHP grant #8723.

f) Jessed D. Wade to attend the Regional Behavioral Health Workgroup in Arlington, Texas on January 3, 2013. The estimated cost to attend is $20 for mileage reimbursement. Funding is available in HHS CRI grant #8725.

g) Emily Gore to attend Quarterly SNS Meeting in Arlington, Texas on January 24, 2013. The estimated cost to attend is $28 for mileage reimbursement. Funding is available in HHS CRI grant #8723.

h) Wendell Perkins, Simon Adorn Cummings, Michael Whitfield, Saron Kennedy (temp), Waymond Bailey (temp), Sheila Jenkins, Kassha Brown, Sheketia Burley, Selam Beyene (temp), Corliss Brooks, Joseph Smith (temp), George Moss, Felicia McGhee, Danisha Bob, Idell Moss-McDowell, Vanessa Jones, Maiya Bangurah, Lilly Jones, Cristina Velez, and Deanna Gilmore to travel to outskirt cities of Dallas County jurisdiction from January 1- December 31, 2013.

Briefing Date -January 8. 2013

187 ~TY ~ \It< 01' ~ GO~~\ ~~ lj,)'S Dallas County . • ~~~ Office of Budget and EvaluatIOn

1'£ OF >\~ ~~ January 8, 2013

To:

Through:

From:

Subject:

Commissioners Court

Ry(1rown, Budget Officer

Charles Reed, Budget and Policy Analyst

SWIFS Request for New Drug Chemist II Positions

BACKGROUND The historical approach to staffing of the Drug Analysis Laboratory at SWIFS has been to meet the expectations of the Commissioners Court in prioritizing analysis of jail cases and to strike an acceptable balance between staffing and case backlog for the non-jail cases. Currently, the Drug Analysis Laboratory is facing a substantial backlog of drug cases. The purpose of this briefing is to propose the addition of three (3) new Drug Chemist II positions.

OPERATIONAL IMPACT SWIFS currently has a non-jail case backlog of approximately 3,200 cases dating back to October of 2011. Assuming the current staffing level of nine (9) positions for the Drug Analysis Laboratory which consists of one (1) Drug Laboratory Supervisor grade 1M, one (1) Drug Chemist III grade GM, and seven (7) Drug Chemist II grade FM, remained fully staffed and fully trained, the backlog would only be reduced by half within a twelve month period.

Each Drug Chemist II position added, once fully trained, will be ahle to process seventyfive (75) cases per month or nine-hundred (900) cases per year.

FINANCIAL IMPACT Grade FM Drug Chemist II positions have an estimated cost of $68,999 for salary and benefits and $11,755 for required equipment for a total of $80,754 per position. The total cost of three (3) Drug Chemist II positions is $242,262.

Each case processed by the Drug Analysis Laboratory is done so on a fee-for-service basis. Each case processed generates $165 of revenue. The total estimated revenue for the three (3) new positions will cover the cost of the new positions.

RECOMMENDATION The Office of Budget and Evaluation recommends Commissioner's Court approve the request to add three (3) Drug Chemist II grade FM positions to the Drug Analysis Laboratory budget and further recommends that Human Resources! Civil Service review the positions for proper classification.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653 - 6655 • Fax (214) 653 - 6517 • [email protected]

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f5 ( d);,,' 'i; DALLAS COUNTY \,~) y />1-~~~~$ OFFICE OF BUDGET AND EVALUATION ~

January 8,2013

TO:

THROUGH:

FROM:

Commissioners Court

R~rown, Budget Officer

Erica Terrazas, Budget and Policy Analyst

OI~LU\S COUNTY 1'0''''10 "1" ',,' "',,, ")::; '" RS COURT

13 JAN - 2 Mi 10: 21

SUBJECT: Oak Cliff Organics Inmate Landscaping and Gardening Program

BACKGROUND

The purpose of this briefing is to provide a recommendation on approving the Inmate Landscaping and Gardening Program Agreement between Oak Cliff Organics and Dallas County, Oak Cliff Organics (OCO) is a for-profit business that provides gardening and landscaping services, The Sheriff's Office will make inmates available for a 5-week curriculum developed by OCO that would train inmates in gardening and landscaping. A team of 5-6 inmates will meet once a week for course work and outdoor gardening and landscaping activities led by OCO staff. The term of the agreement is one (1) year.

IMPACT ON OPERATIONS

The Sheriff's Office will provide access to the designated property in the Jail Facility to Oak Cliff Organics and its staff for the purpose of providing the gardening and landscaping course. Two (2) Detention Service Officers (DSOs) will be present for security during each class time, including both indoor and outdoor curriculum. The Sheriff's Office will also agree to provide irrigation for eight designated planters.

FINANCIAL IMPACT/CONSIDERATIONS

The Sheriff's Office will pay OCO $125 per visit/$6,000 total for the course and will also be responsible for paying for materials used during and for the program at a cost of $9,000, for a total program cost $15,000. Funding will come from the Commissary Fund with no impact to the General Fund.

RECOMMENDATION

The Office of Budget and Evaluation recommends the Commissioners Court approve the Inmate Landscaping and Gardening Program Agreement between Oak Cliff Organics and Dallas County.

411 Elm Streel- 3rJ Floor, Dallas, Texas 75202-3340 (214) 653-6386 . (214) 653-6517 ' erica,terrazas@dallascounty,org

THE STATE OF TEXAS

THE COUNTY OF DALLAS

§ §

§

§

189

INMATE LANDSCAPING AND GARDENING PROGRAM AGREEMENT BETWEEN OAK CLIFF ORGANICS AND DALLAS COUNTY

This Agreement is made and entered into by and between Oak Cliff Organics ("OCO") and Dallas County,

Texas ("County"), a governmental entity, on behalf of the Dallas County Sheriff's Department {"Department") to provide landscaping and garDening services for inmates a1 the Dallas County Jail, located at 133 North Riverfront Blvd., Dallas, Texas 75207. This Agreement is effective on the elate it is executed by all parties.

WHEREAS, oeo is. a for~profit business that provides gardening and landscaping services;

WHEREAS, the Department IS interested in providing a learning environment and curriculum for training

and mentoflng inmates in gardening and landscaping;

WHEREAS, the parties have agreed that the Department will make inmates available for the course and oeD w!1l a-ecept such inmates for training and mentoriftg in the field of gardening and landscaping;

NOW, THEREFORE, for good and valuable consideration, the- receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SERVICES Subject to the terms and conditions of this Agreement, oeo agrees to provide gardening and iandscaping services at the Dallas County Jail. Services include, but are not iimited to, creating garden and landscape des~gn, working soH to a healthy statel se·asonaJ planting, creating a 5-week course curriculum for inmates, training and mentoring inmates in gardening and

landscaping, leading a team of 5-6 inmates once a week in course work, and outdoor gardening and landscaping activities.

2. TERM AND TERMINATION (AI The term of this Agreement shall be one [1) year. commencing upon the effective date of

this Agreement.

(8-) Either party may terminate this Agreement at any time without cause upon giving at least thirty (30) days written notice to the other of its intention to terminate the J.\greement.

3. DESIGNATION OF RESPRESENTATIVES

This Agreement sets forth the Department's and OCO's designated representatives with I'egard to the services to be provided hereunder. The designated representatives will act as tl'.e primary point of contact between the parties, To the maximum extent practicabie,

communications between the parties shaH be through Department's designated representative and aco's designated representative) unless otherwise provided for herein_

Inmate Lmdscaping and Gardening Program Agreement

--

"" ...... -----.:::::t: -~

I: t#*~ 111~ !&li --

Dallas County Yolanda Lara Director of jnrnate Programs

133 N. Riverfront Blvd.

Dallas, Texas 75207

214653·2839

4. PAYMENT AND TERMS

1 ~U

oeo Andrea Bitllell

Owner

1327 Engle Ave. Dallas, Texas 75224

972-·822·5010

Department will pay oeo One Hundred and Twenty-Five D081ar5 ($125.00) per visrt for services rendered. The Department wilt be responsible for paying for all materials used in the gardening ()nd landscaping program.

5. MATERIALS All materiaLs for the project wi!! be stored at th.e Dallas County jali in the Inmate Programs

Facility.

6. ACCESS TO JAil FACILITY (A) Dep<lrtment will provide access to the designated property 'm the jail facIlity to oeD and its

e!T'ptoyees, agents, independent contractors, and suppliers for the purpos.e of providing the gardening and landscaping services.

(8) Department will provide two (2) Detention Serv!ce Officers for security during each class time, including both indoor and outdoor curriculum.

7. IRRIGATION AND MAINTENANCE (A) Depnrtment agrees to provide irrigation for the eight designated planters.

11) Doe (1) 12x75 planter des<gnated as a butterfly garden; (2) One 11) 20x80 planter designated to grow food crops;

(3) S'" round planters, approximately four (4) feet in diameter, deSignated (ur flowers. herbs, cover crops, and t.heme gardens.

(3) Department grants permission to OCa- to remove current vegetation from tl'le eight designated planters.

8. PHOTOGRAPHY AND PUBLICITY RELEASE Department agrees to permit OeD to photograpil staged areas of the gardens before and after the work is completed Jnd to use ail photographs for reJ-erence and marketing purposes, Photos of inmates can on1y be taken from the back, no faci;a! shots unless the inmate signs .J

media release. Department agrees that oeD may reasonably advertise OCO's ~ervices vvhlle On

the properly. T'k ::/?/,(7Irf'~"",,~ 'f h /"'" -""/"I"'r",,,",':: ""-k/ Apr"", :;;::;( h 17;:./- q c:. co/, c7 .

9. INSURANCE AI! insurance required herein shall. be mnintained in full force ,and effect throvghmrt thE:: term of thiS cO'ntract induding all extensions. (A) Commercial Gp,neral liability: Contractor shall maintain Comrnerciai General Uabifitv

Insurance with a limit not less than $100,000 for bodily injury and proper·ty damege per occurrence with a general aggregate of $300,000, and a p~DdLicts and completed operZltions aggregate of $100{OOQ,

JllInate Land~;captng ,md Gardening Ptogral11 Agreement

------' ...... --' .... ---j

~wr.,j_

----1--~ ---I-............

-== dm --~-4_

1 9 1

(8) Automobile liability: Contractor shall maintain Commercial/Business AutomobHe Uability insurance with a cornbined single limit of bodily Injury and property damage not less than $100,000/300,000/100,000 or combined single limit of $400,000 each occurrence with respect to any of the Contractor's owned, hired, and non-owned vehicies assigned to or

used in performance of this contract.

10, COMPLIANCE WITH LAWS AND VENUE in providing services rC!quin~d by thIs Agreement, all parties must observe and comply with all appricable grant requireoments, license, legal cert:ric.atiorrs, or inspections requil·ed for the

services, facilities, equipment, or materials, an.(j Hil applicab1e "federal, State and local statutes,

ordinances, rules and regulations, This Agreement shall be governed by Texas law and exclusive venue shall lie in Dallas County, Texas,

11. INDEPENDENT CONTRACTOR

oeo, including its agents or emplovees, is an independent contractor, and not an agent, servant, joint enterprisel', Joint venturer or employee of Dallas County or the Dallas CQunty Sheriff's Department and is responsible for its own acts, forbearance, negligence and deeds, and for those of its agent or employee in conjunction with the perforn1ance of this Agreement.

12, INDEMNIFICATION OCO, induding its employees, officers .. agents, representatives, .dnci assignees, (collectively, "OCO") shaH forever waive, release, indemnify and hold harmless County, its Commissioners, Judge, assigns, officers I directnrs, employees, agents" representatives, and any third partics with whom Dallas County has or may in the future contract wit.h (collectively] "Count yo), fronl and against any and all losses! damagesl injuries (including death), causes of action, claims, demands, liabHities, judgments, suits, losses, damages, fines, d:ssessments:, penalties, adverse awards and expenses (whether based upon tort, breach of contract, patent, trademark or copyright infringement, or other intellectual property infringement, failure to pay employee taxe-s or withhold-iogs, faHure to obtain worker's compensation insurance, or otherwIse}, whether known or unknown, including, without limitation, legal and related legal fees and expenses, of any kind or nature arising out of or on account al, or' resulting from (i) any actual or alfeged intentional or neg!i-gef1t act or omission of, or default in the performance of, attempted performance oft or 'faiture to perform, its obligations purSudot to this Agreement by oeo, {2) OCO's involvement in the specified services under this Agreement, (3) Any terms or conditions or provisions or underlying provisions of this Agreement, including but not limited tO I any premises or special defect known or unknown to County, and any injury to indiViduals present during OCO's: involvement under tthe terms and conditions of the services and Agreement, including wiHfld acg such as assJuft, copyright, !kensjhg ¢"End patent infdngement. relating to any software and lor equipment provided by OCO; and wrongful imprisonment or other intention as torts as a result of incorrect and/or scrambled information downloaded from any software and/or equipment provided by OCO, and (4) the selection, proVision, misuse) use or faHure to USB j by OCO or any person or entity, of any medical devices, tools, supplies/ materia is" equipment, any o,ther devices, too is} supplies, materials, equiprnent, or vehicles {whether awned Dr supplied by OCO, or any other person or entity} in connectron with s.(Jid work Or' operations;

AND FURTHER, oeo, to the fullest extent allowed by law, agrees to waive, release, indemnify

and hold harmless County against any and all losse5, camages, iejUl'ies Oncluding death),

£ ' .s Inln;Hi' L;mds("upillg and G:lnlelling Prugl'.am AgrCeJlll.'Dl

causes of action, claims} demands, !labilities, judgments} SUits, iosses, damages, fines, assessments! penalties j adverse awards and/or other expenses, of any kind or nature whatsoever (whether based upon tort, breach of contract, patent, trademark or copyright infringement, or othe.r intellectual property infringement, failure to pay employee taKes or withhal'dings, failure to obtain worker's compensation insurance, or otherwise), including, without limitation, legal and related legal fees and expenses, of any kind or nature that are incurred by or sought to be imposed on County arising out of or on account of) or resulting from injury {lndudrng death}, whether known or unknown, including, but not limited to, exposure to any disease, bV any manner or method whatsoevert or damage to property {whether real, personal or inchoate), arising out of or in any way related {whether directly or indirectly, causally or otherwise) to the Agreement and/or the performance of, attempted performance of, or failure to perform, operation or work by County. This indemnification shaH apply, whether or not any such injury or damage has been brought on any theory of liabilitYI inten.tional wrongdoing, strfct product liahility, or breach of non-delegable duty, but excluding CountV5 negligence. OCO further agrees to defend {at the election of County) at its sole cost and expense against any claim, demand, action or suit for which indemnification is provided herein.

Approval and acceptance of OCO's services by County shall not constitute nor be deemed a release of the responsibility atld liability of oca for the accuracy and competency of their services; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the County far any defect, error or omission in the services performed by aca in this regard. OCO shall defend, hold harmless and indemnify the County for damages resulting from such defects, errors or omissions.

13. IMMUNITY This Agreement is expressly ma.de subject to Dallas County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and State law. The parti.es expressly agree that no provision of this Agreement is in any way intended to constitute a waiver 01 any immunities from suit or from liability that Dallas County has by operation of law, Nothing in this Agreement is intended to. benefit any third party beneficiary.

These indemnity and immunity provisions shafl survive termlna,tion j e){piration or cancellation of this Agreement or any determination that this Agreement or any portion hereof is void, voidable, invalid or unenforceable.

14. ENTIRE AGREEEMENT

Th1s Agreement constitutes the entire agreement between the parties hereto and supersedes any other agreement concerni"'e the subieet matter of this transaction, whether oral or written.

--::::t:

193

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their du~y authorized representative on the day and year last written below.

BY: Clay Lewi Jenkin;

Dallas County Judge

DATE:

R.ecommended:

""",' ~ ~'-?

~~ BY: Sheriff [upe Valdez

Dallas County Sheriff's Department

"'Approved as to Form:

,,:;IZItAi<l)lVA TKINS

/1/;', /~, ' AtLAS COUNTY 0, [STRICT ATTORNEY / Y-:'/~

BY: Melanie Barton Assistant District)ltt

OAK CLIFF ORGANICS

DATE: ____ ~,.----~~c:~"-~,~:""'-

"'By law, the Distr'lct Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or (egal document on behalf of other

parties. Our review or this document was conducted sofely from the legal perspective of our cl'ient. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s),

inmate Landscaping and Garciening Program Agreement

."~ .-

184

January 8,2012

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Ry(?rown, Budget Officer

Erica Terrazas, Budget and Policy Analyst

Dallas County Mileage Reimbursement Rate

BACKGROUND The purpose of this briefing is to review the Commissioners Court policy on the mileage reimbursement rate for Dallas County, as stated in Chapter 86 of the DaJlas County Code, Article V. Travel Policy, Section 86-711 (e):

"1070 auto mileage: To reimburse County employees on a per mile basis (current rate equivalent to the maximum rate allowed by the Internal Revenue Service) incurred as a requirement of their job and as a result of driving a personal automobile daily for County business."

The IRS has set the new reimbursement of 56.5 cents per mile for all business miles driven after January 1, 2013, increasing the rate by 2% from 55.5 cents. The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The Counties of Collin, Denton, Harris and Travis current! y use the IRS mileage reimbursement rate.

FINANCIAL IMPACT/CONSIDERATIONS For FY2013, the projected total increase in County mileage reimbursement costs is $7,585.

Projected Difference' FY2013 using FY2013- I Fund FY2011 FY2012 I 56.5 rate I FY2012

120 (General) $317,161 $370,214 $377,618 $7404 196 (Major Capital Development) $2,880 $2,279 $2,325 $46 _.

1105 (Road and Bridge) $6,422 $6,739 , $6,874 ' $135

l Total Estimated Increase $7,585 I

Grants also will reimburse at the new rate.

RECOMMENDATION The Office of Budget and Evaluation recommends County policy to reimburse at the IRS rate not change.

411 Elm Street 3rd Floor, Dallas, Texas 75202-3340 (214) 653-6386 . (214) 653-6517 ' erica,[email protected]

January 8, 2013

Office of Budget and Evaluation Briefing

195

Presentation - FY2013 Budget update - 1:30pm

196

January 8, 2013

MISCELLANEOUS

1) HEALTH & HUMAN SERVICES -requests approval:

a) to accept the TXU energy aid disbursement of $153,058.48 from TXU Energy for utility payment assistance to financially distressed TXU Energy customers.

(COURT ORDER ON FORMAL AGENDA)

b) to utilize Uncle Bob's Self-Storage facility for the storage of deployable assets and resources and authorization to sign the attached Rental Agreement and payment of $1,800.00/monthly from the CRr grant budget (466.0.07010.2013.0.0_08725.0) for this storage rental.

(Please Refer to Information Item No. 4a) (COURT ORDER ON FORMAL AGENDA)

c) to utilize Dallas County Road & Bridge District No.3 or any other Dallas County owned property, to store the referenced mobile storage units for the purpose stated herein.

(Please Refer to Information Item No. 4b) (COURT ORDER ON FORMAL AGENDA)

2) FACILITIES MANAGEMENT -requests approval:

a) for Cistercian Preparatory School to facilitate mock trials trammg in courtroom 4A at George Allen Sr. Courts Building on January 5, 12, and 21, 2013. The District Courts Administration office concurs and the competition does not present any conflict. Recommended by the Office of Budget and Evaluation.

b) to continue storage of a boxcar on the railroad space at 2121 French Settlement from January 1,2013 through December 31, 2014 at $600 per year. Recommended by the Office of Budget and Evaluation.

3) ENGINEERING & PROJECT MANAGEMENT - requests approval:

a) for additional funds to finish out new construction areas at the South Dallas Govemment Center. Carpet and tile installation are pending as well as various furniture items needed to complete the new space in the Constable's area. The total additional funding needed is $25, 585 to cover flooring and an additional $35,781 to furnish for a total of $61,366 and will be covered by the renovation project (94066) in the Major Capital Development Fund. Recommend by the Office of Budget and Evaluation.

01108/13

197

b) to proceed with Change Proposal #1 to the Job Order Contract with Jamail & Smith for renovations of the Sheriff's Department Traffic Section office at the South Dallas Government Center. This change proposal is for replacement of an interior door and electrical cabling reconfiguration due to unforeseen conditions. The changes necessary are expected to cost $612 and will be funded from the renovation project (94066) in the Major Capital Development Fund. Recommend by the Office of Budget and Evaluation.

c) to extend the current lease on the facility located at 3650 Buclmer Blvd. through January 31, 20l3. Terms and conditions of a new lease are in final negotiations but have been delayed due to the holidays. (Same day Court Order) Recommended by the Office of Budget and Evaluation.

d) to provide modular workstations for Information Technology including two (2) additional eight foot units to expand an area for accommodation of additional headcount. Design, delivery, and installation charges are estimated to cost $2,948 and will be funded within the Information Technology budget (195.1090.2640). Recommended by the Office of Budget and Evaluation.

4) SHERIFF - requests approval to enter into an ongoing Memorandum of Understanding (MOU) with the United States Marshal Service (USMS) to receive reimbursements for 1) overtime incurred by the Sheriffs Office to support joint enforcement task forces and 2) travel, training, purchase or lease of vehicles supporting the USMS. Recommended by the Office of Budget and Evaluation.

5) TAX ASSESSOR/COLLECTOR - requests approval to accept donated furniture and equipment for the ACT programming staff located in the Records Building from Linebarger Goggan Blair and Sampson. The total estimated value of the equipment is $2,550. There is no cost to Dallas County for the acceptance of the various furniture items.

1. Conference Table $1,000

2. 10 Conference Chairs $ 750

3. 10 Side Arm Chairs $ 500

4. White Board $ 50

5. Drop Down Screen $ 100

6. 2 Small Tables $ 100

7. I - 2 drawer later file $ 50

Total $2,550

01108113

TELECOMMUNICATIONS

302nd Family District Court - D1312005 - requests three data cables to network computers for scanning/printing and the capability to store, save and retrieve all documents for court services. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 -Recommended Fund 00120.02640

Commissioners Court - District 4 - P1312004 - requests relocation of TV coax cable in Admin bldg. 2nd floor. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 -Recommended

Communications & Central Services/Telecommunications - M1312023 - requests three wireless headsets. Equipment $0.00; Installation $633.00; Recurring Cost $0.00 -Recommended

Constable Precinct 1 - requests: D1312006 - 1 data cable in the non-modular office space South Dallas Gov. Center renovation project. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 -Recommended Fund 00196.08130

M1312022- 1 voice cable in the non-modular office space South Dallas Gov. Center renovation project. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 -Recommended Fund 00196.08130

Information Technology - requests: D1311005 - relocation of three data cables due to employees new positions. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended

D1311002 - one data cable for Kronos clock in room AlO12 close to detail room. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

M1312024 - Long distance code for employee Richard Ballard. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

P13100 1 0 - ten data cables for wireless access points (W AP), eight on 1 st floor FCCB and two on the 1 st floor Lew Sterrett building B. Equipment $0.00; Installation $2000.00; Recurring Cost $0.00 - Recommended Fund - 532.2090.91002

Justice of the Peace 3-2 - P1310009 - requests relocation of eight data cables from the temporary room into the permanent location as part of the redistricting. Equipment $0.00; Installation $1267.04; Recurring Cost $0.00 - Recommended Fund - 00196.08130

Justice of the Peace 5-1 - M1312020 - requests three wireless headsets. Equipment $0.00; Installation $633.00; Recurring Cost $0.00 - Recommended Fund -00120.4851.02230

01108/13

199

Parkland Jail Health - Pl311001 - requests five data cables, three on 2nd floor Lew Sterrett room B2090 TB department and two at Letot Juvenile Nursing area room #321 storage. Equipment $0.00; Installation $1000.00; Recurring Cost $0.00 -Recommended

Road & Bridge 3 - P1301001 - requests replacement of cables due to water entry from an opening in the above ground cable splice box creating moisture in the cables inner duct. Other issues involved are termination/connection points and lightning/surge protection. Whenever there is rain or other moisture inducing weather service is affected in the admin and mechanical building. Equipment $0.00; Installation $8000.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

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

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: PROPOSED ACTION:

01/08113

Purchasing 1 - 6x6 Receptionist Cubicle Pieces $0 Surplus Purchasing requests approval to transfer the above listed items from Tax Office inventory to Purchasing inventory.

Miscellaneous Eguipment/Telecommunicationsmues/Computer Hardware and Software/Supplies over $50 January 8, 2013

Actual invoiced amounts may deviate by up to $20 fTom the amounts listed without additional Commissioners Court Authorization

Qty Departrnellt Fundinl! Expense Code Recorn. Item DescrlPtioll

477 Auto Service Center Within Budget --}:20.Hi27.2'S90 ---2 Tow Paekilge an(rinstaJlatiOll

478 Auto Service Center

479 Constnble3

480 Elechons

481 Elections

482 Elections

483 Elections

484 Facilities Management 485 Facilities Management 486 Facilities Management 487 Facilities Management

488 Facilities Management


490 Facilities Management 491 Facilities Management


493 Facilil1es Management


495 Fire Marshal

496 Health & Human Services

497 Health & Human Servtces

498 Health & Hnmml Services

499 Health & Human Services 500 Health & Human Servlces


502 Health & Human Services 503 Health & Human Services


505 HealUl & Human Services






511 Heahh & Human Services

Unallocatcd Rescrvcs

Federal Forfeiture

Within Budget - Supplies


Within Budget

Within Budget

Within Budget Within Budget Within Budget

Within Budget Within Budget

Within Budget

Within Budget Within Budget

Within Budget

Within Budget

Within Budget

Within Budget - Maintenance

Refugee Grant TB - Prevention and Control

Federal Grant

TB - Prevention and Control

Federal Grant PilEP Grant PHEP Grant

PHEP Grant

PHEP Grant PHEP Grant PIlEP Grant

PI-IEP Grant

PHEP Grant

PHEP Grant

PHEP Grant

Within Budget - STD Clinic

LIHEAP Weatherization Assistance Program Grant

LlilBAP Wcalheril-atiQll M§immce Pmgrrun Grool

120.1027.8610

532.2090,91006

120,1210.2890

120.1210.2880

120.1210.5590

120.1210.5590

120.1022.2160 120.1022.2670 120.1022.2670

120.1022.2670 120_1022.2730

120.1022.2670

120.1022.2670 120.1022.2670

120.1022.8610

120,1022.2640

120.1022.2160

120.3342. 466.2840.2013.8702

466,2090.2013.8707

466.2160.2013.8707

4662090.2013,8723 4662090.2013.8723

4662093.2013.8723

4662095.2013.8723 466.2095.2013.8723 4662160.2013.8723

466,2160.2013.8723

466.2462.2013.8723

466.2462,2013.8723

466.2462.2013,8723

120.5215.8610

466.8410.2012.8302

466.8410.2012.8302

2

1 4 8 I 2

Hmd Tonneau Pick-up Bed Cover

Tclevi~ion. Mount, and Antenna

Aluminum Walk Ramp with Hooks

Grip Step Boards for Elections Van

Translation of Elections Website to Spanish

Street Address Database Cleansing for Voter

Registration

SmartDraw 4ft Fiberglass Stepladder 8ft Fiberglass Stepladder

10ft Fiberglass Stepladder Electrician'S DMM Kit

Infrared Thermometer

Indoor Portable Post Pallet Jack Shelving

Fork Lift

15 Quartet Porcelain Dry Erase Board

Adobe

Tanker 1 Pump Valve Repair, Parts, and Labor Large Wheeled Cooler

3 5-Drawer File Cabinet with Lock

Privacy Filter (#792165)

Portable Treatment / Sideline Table 59 Port-A-Wall Privacy Screen

2 4

I

6

6

Advanced l\1jcro Devices FirePro RG220

Base SAS Software (SAS-BaseSAS I PC) ArcGfS Desktop v. 10.1 Swingline Commercial Electric 3-Hole Punch Swingline Heavy Use Desktop Cartridge Electric Stapler

ArcGlS Desktop 310.1 Training

ArcGISDesktop210.1 Training

ArcGIS Desktop I to.1 Training

INSIGHT 4 ES OMR Scanner (wi Scantools Application, 1 Yr on-site mnintenance, dust cover, and freight)

2-Drawer Lateral File (Hem Hl07690.NN)

Big and TaU Chair Qtllm HVL68$)

Unit Cost

289

1,190 1,000

1,005

645

5,850

4,000

297 58

JOI 152 302

118

212

4,060

14,770

380

262 618 67

305

220

545 60

160

4,022 1,505

205

155

1,015

1,520

1,015

15,176

405

19J

Total Cost

578 2,380 1,000

1,005

645

5,850

4,000

297 232 S08 152 604

1I8

1,060 4,060

14,770

5,700

1,310

618 67

915

220

2,725 3,540

160

8,044 6,020

205

155

6,090

9,120

6,090

15,176

405

293

R""Repl. N""New

N N N

N

N

N

N

R R

R R R

N

N N N

R

N N N

N

N

N N

N

N N N

N

N

N

N

R

N

N

Justificatioll Needed for PUblic'S-el-vice vans just replaced Needed for the two new Fire Marshal trucks Needed for training purposes Walk ramp needed to load election equipment onto tfileks used for transportation to/from voting locations

New grip step boards needed for safety purposes to be installed on side of new elections van

Payment of website vendor for www.dallascountyvotes,orgtotranslatewebsitecontent

into Spanish

Services needed to cleanse voter registration street address database and to plot latitude and longitude of

each. address

Needed as curren! software is no longer compatible Needed to replace depleted supply Needed to replace depleted supply

Needed to replace depleted supply Needed to test electrical equipment in jails

Needed at South Tower to take temperature for equipment operation

New barriers needed for Commissioner's Court Needed to accommodate smaller storage area

Needed to accommodate smaller storage area Needed to replace infonnation boards outside of George Allen Courtrooms

Needed to create & edit adobe pdf documents

Needed to repair water leak for Tanker I Needed to transport vaccines

Needed to File CI Information

Needed as palt ofHIPP A Regulation

To be used in Shelter Clinic operations To be used in Shelter Clinic operations Upgrade device for installation of dual monitors for PI-IEP Administrative Assistant Needed for Epidemiology staff Needed for Epidemiology staff Needed to handle high volume of medical records

New-ed to handle high volume of medical records

Database mining for Epidemioll)g)' Staff to aid in capturing data and surveillance

Database training for Epidemiology Sfaifto aid in capturing data aud surveillance

Database training for Epidemiology Staff to aid in

capturing data and surveiHance

To replace scantron scanning devices utilized to scan client data, test results, and upload data

Needed for New Hired Accountant Office

Nerded for New Hired ACt;Ollllfant Office

I\: C C

lVIiscellaneous EquipmentiTelecommunicationsfDues/Computer Hardware and Software/Supplies over $50 January lS, 2013

Actual invoiced amounts may deviate by up ta $20 from the amOlmts listed \\~thaut additional Commissioners Court Authorization

Qty

Department Fllndin~ Expense Code Recoll. Item Qescription

Unit Cost

Total Cost

R=Repl.

N""New Justifitation





516 Information Tcchnok'gy

517 Information Technology

518 Public Works

519 Public Works 520 Road and Bridge #2

521 Sheriff ~ Classification

522 Sheriff - Intake

523 Sheriff - Photo Lab 524 Sheriff - South Tower 525 Sheriff - South Tower 526 Sheriff - South T owe,

~U? Sheriff ~ Transport

528 Tdecommllnications

529 Justice of the Peace 3-1

530 Juvcniic Department 531 Juvenile Department 532 Jl1VC!l1!e Department

533 Jllv~.ni!C [lepllrtment

534 Juveni[e Department

535 Juvenile Depar1llient

536 Juvenile Department



539 CSCD

540 CSCD

54{ Tax Office

542 Commissir>ners Court Administration

LlHEAP Weatherization Assistance Progrl'lm Grant LfHEAP Weatherization Assi~tancc Program GIl'lnt LIHEAP Wel'ltherization Assi~tance Program Grant

TB~State African American

Project Grant

Hardware Refresh

Within Budget

Within Budgef

Within Budget

New Progranl Contingency

Within Budget· Supplies


Within Budget - Supplies Commissmy

Commissary Commissary

Commi~sary

Grant FUllds Reserves and ConJingcncy

Fumiturc and Equipment Within Budget - Supplies Within Budget - Supplies

Escrow Funds

Escrow Funds

EscmwFlmds

Escrow Funds

Escrow Funds

Escrow Funds

Escrow Funds Reserves llnd Contingency

Furniture and Equipment Reserves and Contingency~ Furniture and Equipment Within Budget - Supplies

Countywide

466.8410.2012.8302

466.84102012.8302

466_84102012.8303

466.2090.2013.8713

195.8630,92055

[95.1090.5590

196.2010.2080

196,2010.2160

105.2520.2080

1203150.2090

120.3147.2720

12031262930 5323151.2720,91046

532.3151.2720,91046 532 31512720.91046

532J 151.2090.91 046

466,8736

120.4831.8610

1205110.7210 120.5110.2093

532.559094065

5325590.94066

532,5590.94067

5325590.94068

532.5590.94069

5325590,94070

532.2150 94022

120.3320.2090

120.33202090

1201035.2090

120.9910.5590

5-ShelfBookcase (Item H10755.NN)

Fi[e Drawer (Item H!0709R.l'<'N)

Single Pedestal Desk (Item HI 0702LNN)

Epson VS41 0 LCD Projector

75 Data Cable Install

103 L TO Tape fOf Celtified Destructiou

36 1

13

6

2

2

2

4

2

Texas Association of County Engineers and Road Administrators Membership Electric Comb Binding Machine Member Cities Chamber of Commerce Dues

Mid-High Volume Cross Cut Shredder with Large Bm

U~Line 3~ill~ I Hand Truck

3m 558 24"x50" Mounting Adhesive Emergency Restraint Chair Shipping for Res1raint Chair Ignition Stool wlo ArmS

55" Television

Blackherry Handheld Device W(lrkst~tions (Include Pedals, bllScfeeds,

instaHation and delivery fees) Computer Drop Lines 1 GB Dell Certified Replacement Memory All You Need to Know About Dmg Series DVD

"Up in Smoke'" Educational Video on Tobacco Use

Epson EX3212 SVGA 3 LCD Projector

Logic Bluetooth iT ower Speaker System

Samsung 51" Plasma 720p 600Hz HDTV

Single Arm Wall MOimt for Flat Panel

Monica Jeter-Johnson License Renewal

Executive Swivel Tilt Chair

Vertical File Cabinet ~ 5 Drawer Letter Size

Three-tier lockers

Ambu[ance bdJ

350

436

553

1,000

200

75

613 1,941

2,418

J09

" 1,350 200

213

1,:365

1,100

1,284

115 2I

500

100

445

162

549

48

275

279

298

180

600

350

436

553

1,000

15,000

103

75

613

1,941

2,418

309

3,159 1,350

200 2,769

1,365

1,100

7,704

920 63

500

100

445

324

1,098

96

275

1,116

298

360

600

N

N

N

N

N

R

R

N

R

R

R N N N R

N

N

N

N R N

N

N

N

N

N

N

R

N

N

N



Needed far New Hired Acconntant Offiee

Needed for meetings and training

Needed as part of an ongoing process to allow copiers to be networked as printers throughout the County

Needed to destroy 103 tapes that can no longer be

reused; includes certificate of destructiou

Needed to renew membership for Johu Mears

Needed to bind docllments together

Needed to reuew chamber dues for RB2

Needed to replace lO-year old shredder that is no longer operable, recommended by Records Management

Needed to replace broken one

Needed for Sheriff and DA Prints

Needed to restrain inmates Needcd to sbip restraint chair Need to replace control center chairs

Needed for renovation ofTransponatio{l Division, to be placed in Division Commander Office for monitoring of events Needed for use by HHS HIV/SAMHPS Needed to replace broken desks that are ha7..ardous and

may result in staff injuries

Needed for access to the network Needed for the upgraded laptops used for training 5 DVD Set needed for drug edllcation

Needed to be used for treatment of suhstance abuse for youth

Needed to be used for treatment of substance abuse for youth as part of education component

Needed to be used for treatment of substance abuse for youth as part of education component

Needed to be used for treatment of substance abuse fOf youth as part of education component Needed to be used for treatment of substance abuse for youth as part of education component Re-brief to change funding code

Needed to replace broken chairs

Needed for filing and storing documents

Needed fo( locking documents

Needed to pay for DSO Tranport to TDC - Mr. Brewer

1\ e ---'