1 DALLAS COUNTY COMMISSIONERS COURT

BRIEFING AGENDA January 29, 2013

REPORTS/RECOMMENDA TIONS/REQUESTS PAGE NOS.

1. COUNTY JUDGE

Employee of the Month Award Winners"."" .. """.""." ..................... " .. "".,,. Handout

2. HEALTH & HUMAN SERVICES

a) FY 2012 Ryan White HIV / AIDS Treatment Extension Act of 2009 Part A Formula Contract Amendments ..................................................... 3-5

b) FY 2012 Ryan White HIV / AIDS Treatment Extension Act of 2009 Part A Supplemental Contract Amendments ............................................ 6-8

c) FY 2013 Department of State Health Services - HIV Services (State Services) - Contract Amendments .................................................. 9-11

d) 2013 Comprehensive Energy Assistance Program (CEAP) Contract .......................................................................................... 12-31

e) Department of State Health Services Contract #2013-041066-014A Immunization Branch - Locals .................................................................. 32-33

3. PLANNING & DEVELOPMENT

Grand Prairie Subcourthouse - Change Order #6 .............................................. 34--35 (COURT ORDER ON FORMAL AGENDA)

4. PUBLIC WORKS

a) Resale of Tax Foreclosed Property at 12902 Timothy Lane, Balch Springs Property, Via Private Sale ........................................................................... ".36-37

b) Resale of Tax Foreclosed Property at 1113 Cedarview Drive, Cedar Hill, Texas, Property, Via Private Sale .............................................. 38-41

c) Request to Consent to Sale of Tax Foreclosed Properties by Sealed Bid - City of Grand Prairie, Trustee ................................................ .42-44

1129/2013

2

d) SH 183 Managed Lanes Project - Amendment to Court Order

2012 0585""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""",""""""",","""""",,",,",45-49 (COURT ORDER ON FORMAL AGENDA)

5, BUDGET

a) Conference /Travel/ Training Requests,",","",",",","",,,,,"",",,",",",,,",,,,,,,,,,,,,,," 50-52

b) Public Defender Staffing Modifications for Criminal District Court #5 ",",","","'","",",",","""""""","",",",",",""""""""''''''''''",", 53

6, INFORMA nON ",",",",",",",",",",","",","", """ """","""'","""""""""'''","''",","'''' """"'''''''"'"'" N / A • Jail Population Report • Office of Budget & Evaluation:

Reserve Balance Report-January 23, 2013 District Attorney-Grant Fund 2060, Conviction Integrity Unit District Attorney Collaborative Domestic Violence Project

• Purchasing-Annual Contract Extensions • County Auditor - Unresolved Losses • Health & Human Services:

Request for Increase of Discretionary County Match (Please Refer to Miscellaneous Item No, 1)

HHS Updates

7, Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests "",,,",,,",,,",,,,,,,,,",,",,,,,,,,,,,,,,,,,"",,","",,,,,,,,,,,,,,,",,",,,"",54-57

8, PUBLIC COMMENTS

Speakers"," ..... "'""""""." .. ".""."."""""'"."""""""""""'.".""."""."'"'"".,."" .. ""."'." .. ,." ...... """".".,", .. "" .. , .. , ... , ... " N / A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

Legislative Briefing - Friday, February I, 2013 @ 9:00 a.m.

1/29/2013

Dallas County Judge Clay Lewis Jenkins

Date: January 29, 2013 To: Commissioners Court From: Dallas County Judge Clay Lewis Jenkins Re: Employee of the Month Award Winners

Background In 2012, the Commissioners Court established the Dallas County Employee Recognition Program to formally recognize outstanding employees consistent with our approved Strategic Plan Vision 1: Dallas County is a model interagency partner, specifically, Strategy 1: 1; Commissioners Court provides leadership and establishes a vision for Dallas County.

The following employees have been selected by their respective Department Head/Elected Official as Employees of the Month.

Congratulations to these hardworking, dedicated employees who help us achieve our goals and objectives for Dallas County.

Department

Crime Lab Information Technology Information Technology

Juvenile Juvenile Tax Office

Recommended by:

JANUARY

Employee

Lauren Woolridge Denny Maxwell Victor Newsom

Maritza Almanza EsterVago Noemi Vazquez

Title Asst. Supervisor of Controlled Substances Lab Senior Network Engineer Network Engineer Quality Assurance Probation Officer Juvenile Probation Officer Customer Care Representative

Dallas County Judge Clay Lewis Jenkins

Dallas County Employee Recognition Program

January 2013

Crime Lab Lauren Woolridge

Information Technology Denny Maxwell

Information Technology Victor Newsom

Juvenile Maritza Almanza

Tax Office Noemi Vasquez

Juvenile Ester Vago

DALLAS COUNTY 3

HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

Zachary Thompson Director

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: JANUARY 29, 2013

--l

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

Backgrouud 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 Formula 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 responsibility of establishing priorities for the allocation of TEA funds and determining allocation offunds by service category.

Contract amendments and budgets in the amount of $256,854.00 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. DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of2009 Part A grant. The FY 2012 Ryan White Part A Formula grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV / AIDS.

Commissioners Court Page 2

Recommendatioll

4

It is recommended that the Commissioners Court approve the award ofFY 20 12 Ryan White Part A Formula budgets and contracts in the amount of $256,854.00, to service providers as presented in Attachment A, and authorize the County Judge to sign the contracts with the specific services providers on behalf of Dallas County.

~" / #"''''''',,1' f iF"'

// // ~.~~ RECOMMENDED BY: __ ~~"h~ "~"'""''''''''',,::S =-"A.c;:.) _____ _

/7 Zach'llY Tho;;{son, Director ,

Attachment c: Danyl Martin, Court Administrator

Virginia Porter, County Auditor

FY 2012-2013 Ryan White Part A Formula Award

AGENCY

AIDS Arms, Inc.

AIDS Interfaith Network. Inc.

AIDS Services of Dallas

Health Services of North Texas, Inc.

Dallas Connty Hospital District d.h.a. parldand

Health and Hospital System

Legacy Counseling Center

Open Arms, Inc. d.b.a. Bryan's House

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

A , . I

T~L Linguistic Services

M,d;c,1

TOTA

AiDS I I

AIDS

C", i .. [I""" ",liw,',d Meal,

M''''',III"II''

'" M,,,,,,,( , 0", H,,' C""

TOT

"""d,· RFP 'h"O,·OPR

, Fnnd,

. AWARD ·DA LLAS EMA AA i i: i ~ Support

AA . 'ee",. QM • S"",,,,(,

t)M '. I ,",,(,'" •......• " ',"

'TOCALFV ,RYANWHlTEPARTA AWARD

",,····".2"_ -""

11151201'\

5

'.'

32,'47 389,400

5,657

I 299'365 121",. 67,364

177,645

144,748

(32.0001

(48,000) (24,000) (11,000)

~ ~ 1,455,117

Jl9

.1' <61

22,639 48,643 86,405

(4,500)

(20,000)

I

9,601l 54,600

".» ..••..

21,813

56,Oll0

ATTACHMENT A

~ 354.

• I" \S7 133 \1l9 63 170

64,1l1l0 38:

".000

~,:: ~~~~~ ~ ,195

.15,328

~

342.: 1,598,699

····;l •• ·> 8,442319 (246,798)

8,442,319 9'Il,920

"l,W7 "',O(lll

.'

9.944.346 .. ~

24'.798

95 25. 2S

~ '7,67

"4,352

• 451.107

DALLAS COUNTY 6

HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

Zachary Thompson Director

TO: COMMISSIONERS COURT

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: JANUARY 29, 2013

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

Background 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 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 responsibility of establishing priorities for the allocation of TEA funds and determining allocation offunds by service category.

Contracts amendments and budgets in the amount of$134, 171.00 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. DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of2009 Part A grant. The FY 2012 Ryan White Part A Supplemental grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV/AIDS.

Commissioners Court PageZ

Recommendation

7

It is recommended that the Dallas County Commissioners Court approve the award ofFY 2012 Ryan White Part A Supplemental budgets and contracts in the amount of$134, I 71 .00, to service providers as presented in AttacIunent A, and authorize the County Judge to sign the contract with the specific services providers on behalf of Dallas County.

RECOMMENDED BY: --I'-""""",=,,==r---,,--,::

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

FY 2012-2013 Ryan White Part A Supplemental Award

AIDS Arms, Inc.

, .. AIDS Interfaith Network. Inc.

AIDS Services of Dallas

Henlth Services of North Texas, Inc.

,'., Dallas Connty Health Division !.

Dallas County Hospital District d.b,a. Parkland

Healtb and Hospital System

.... .

Dallas Legal Hospice L

,In~

."

Legacy Counseling Center

.....<. " Open Arms, Inc.

d.b.a. Bryan'S House

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

ITOTAL '

I I

I

()TAl

AIDS

"

,

, .

,"I" . c,~,

TOTA

()TAI

·.i'_ e", .

,

Oml ""It. C,,·, OTAL

" I ,

" ;

8

I I

i"

.. ~ '12':

1!ii:" .. 3&1.385

178,.1" HII ,,"

29 '73 69,.80 ", ,1}4

25,692

178,84'

"",7(>1

84 .. "

551 ass

1,137,16< ~

207,602

114,000,

139,0001

ATTACHMENT A

ONE-PAG'

.741 17,056 n 272

.. ..'". '.:

'.:

;,01

',S'

6,500

73,'00 10,000

2,000

.'.

144,221

(144,227)

20,863 148,m

19,550 188,515

~. ·ii;

., 91,701

149,0"4 47,815

1,"22

58,9' s:

75,293

z~ 307,297 47,614

155,102

19,113 13

1,918

, ... ~ 12,3," 2, 69

68.'60 59,997

34 ,

4,018,604

~ ... i'

ITOTA' ,RVAN

[1[5/2013

9 DALLAS COUNTY

DEPARTMENT OF HEALTH AND HUMAN SERVICES

TO:

ADMINISTRATION

ZACHARY THOMPSON, M.A. DIRECTOR

COMMISSIONERS COURT

FROM: ZACHARY S. THOMPSON, DIRECTOR

DATE: JANUARY 29, 2013

SUBJECT: FY 2013 DEPARTMENT OF STATE HEALTH SERVICES -HIV SERVICES (STATE SERVICES) CONTRACT AMENDMENTS

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Department of State Health Services (DSHS) - HIV Services (State Services) grant funds. Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for State Services funds for the Dallas and Sherman-Denison HIV Service Delivery Areas (HSDA), comprised ofCoIlin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hunt, Kaufinan, Navarro, and Rockwall counties. In accordance with the provisions of the DSHS, the Administrative Agency is responsible for distributing State Services funds to eligible service providers in the Dallas and Sherman-Denison HSDAs.

Contract amendments and budgets in the amount of$12,060.00 are submitted with this briefing for approval.

Fiscal Impact There is no fiscal impact to Dallas County.

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

Legal Impact The Dallas County Commissioners Court must applfove the budget referenced within the contract and authorize the County Judge to sign the contract with DSHS on behalf of Dallas County.

Strategic Plan Compliance Recommendations included ii1 this briefing are comsistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. jJ)CHHS is the designated Administrative Agency for the State of Texas HIV Services (State Services;J grant. The FY 2013 State Services grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV/AIDS.

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

Commissioners Court Page 2

Recommendation

1 0

It is recommended that the Dallas County Commissioners Court approve the award of FY 2013 DSHS State Services contracts and budgets in the amount of$12,060.00, to service providers as presented in attachment A, and authorize the County Judge to sign the contracts with the specific providers on behalf of Dallas County.

~'l' / # RECOMMENDED BY: --!~-Aff~'-"/""~"""SI"'J:"",,,-;r;"'(A-l=''--_____ _

/ ZaQliary Thlml'sol1, Director

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100 $ Fax (214) 819-6022 0 dallascounty.org

Wo

1 1 ATTACHMENT A

FY 2012 - 2013 State Services 2013 Award

",' ",' ,"">;, ""'" ,"" "",. . '. .'

Service Category

. , ", .. ,., ..... .

AIDS Arms

AWARD ONE-PAGE

RFP TOTAL AWARD

~"' .. ,....... '.'" .'i;.'f;;;

I ~62g, 194.628 , 194.628 , 0 194.628

, ' .. :; ",...;.;;;, ' ..•..•. '. . .... , ......, >"i" ,. ;" . "';"".. . ...... .

AIDS Hnme! '"flve,I.'-leals )9.575 39,575

AIDS Services of DaJlas

Dallas County Hospital -District d.b.a. Parkland Health

and Hospital System

.

Health Services of North Texas

'. .'. '> Legacy ! Center

. '. '.

Open Arms, Inc.

. . ,. : Center of Dallas

'.: . ".;' .... ",' .......,

.'

iTOT AL FUNDS' 'FOR

I TOTAL CTUALAWARD

'TOTAL FY2012 -2013 STAr!;;:

1115/2013

'.'

'. , I

Respfte Cafe '"r Adults 14.847 14,847 T . "SS) 188,456 IS1\,456

C . Housing .SS) 2i 0,505 2 i '505 Hume "Aliv. >.1 Meals 37.931; _37,936

iv!edlcal Case' 19,188 19,188

AIDS Case Iv

Medical Case '

Case 15,]70 15,370 Food Pantry 11,39"- 11,399

Medical Case 27,397 27,397 T 'iSS) 51.958 51.958

200.733 0 ~ •.. ;;;;,.<,'e.e·.. ,. , ..'< ..•. ;('.~

Case t - Honsing Based 15,709 15,709 ( ,I'lousing (SS) 43,442 43.442

Mental Health 21,280 .280

80,431 0 MJl : ..,....'., ":'.:2/. ,:'" ,i,.,:, .

Ch,ld Care Services 166.837 , 166837

. . ... :',,: .• ' ....•.•.. , , .• 'c; :"., •

Food Panll), HERR (Othcr SJ>J

Home I Meals

............ ··'·,i;"'· .. ,,,. "',: AIDS , A .

Case Medioll Care

: ,'" : DELIVERY

i Funds; OPR 1 ! Funds

, ADMiNiSTR,\TI"F AGENCY

i (2013) I AL.~ WARD

76.4 17 .7_6,417 15,513 12,060 27,573 48,8414884)

140.771 12.060 152.&!LJ .:....,.;;,.".,:;';. ;"' .. ,:"""", :':,' ie,:: {,i'i·i.E,,;,t;,j

11.144 ,144

.1!,464 31,464 20.(199 20.099 62.707 0 62,707

.... .' .• ', ...... : ',::;,'

lM60 (I

o

12.660 1.

(U.060)

o

o

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TO:

FROM:

DATE:

SUBJECT:

BACKGROUND

12

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

ZACHARY THOMPSON1 M.A. DiRECTOR

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

JANUARY 29, 2013

2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT

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The Texas Department of Housing and Community Affairs has notified Dallas County Health and Human Services of funds in the amount of $7,099,866 for the FY 2013 Comprehensive Energy Assistance Program (CEAP). Contract No. 58130001632 is effective January 1, 2013 to December 31, 2013.

FINANCIAL IMPACT Of the total funding, $443,667 is available for administration, $473,665 for assurance 16 activities, $6,181,334 for direct client services including support services, and $1,200 fortrainingtravel allowance. There is no financial impact to Dallas County.

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

LEGAL IMPACT There is no legal impact to Dallas County. TDHCA will execute the 2013 CEAP contract electronically.

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 Comprehensive Energy Assistance Program offers utility assistance and emergency relief to assist those who are most vulnerable to the high cost of home heating and cooling.

RECOMMENDATION It is recommended that the Commissioners Court approve the FY 2013 Comprehensive Energy Assistance Program (CEAP) Contract, No. 58130001632, in the amount of$7,099,866, as attached, and authorize the County Judge to electronically sign the Contract of behalf of Dallas County.

Attachment C: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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

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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFf'AIRS CONTRACT NO. 58130001632 FOR THE

COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568)

SECTION 1. PARTIES TO THE CONTRACT

This Comprehensive Energy Assistance Program Contract No. 58130001632 (the "Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texa;;; (the "Department"), and Dallas County Departmenl oj' Health and Human S~rvices, a political subdivision (the "Subrccipient"), hereinafter the "Parties".

SECTION 2. CONTRACT PERIOD

The period for perfonnance of this Contract, unless earlier terminated, is January 01, 2013 through December 3L 20]3 (hereinafter the "Contract Tenn").

SECTION 3. SUBRECIPIENT PERFORMANCE

Subrecipient shall, on an equitable ba~is throughout its service area, operate a Comprehensive Energy Assistance Program, (hereinafter the "CEAP"), in accordance with the Economic Opportunity Act of 1964 (Public Law 88-452), the Low-Income Home Energy Assistance Act of 1981 as amended (42 U.S,c. Sec. 8621 et seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended) (hereinafter the "LIHEAP Act"), Chapter 2306 of the Texas Government Code (hereinafter the "State Act"), the implementing State regulations under Title 10, Part 1, Chapter 5, Subchapters A and D of the Texas Administrative Code, as amended or supplemented from time to time (hereinafter the "State Rules"), the LIHEAP State Plan, Subrecipient's Service Delivery Plan as detined in the State Rules, the Department's guidance related to CEAP, all applicable state and federal regulations and the terms of ihis Contract. Subrecipient shall assist low-income households with priority being given in no particular order to elderly, persons with disabilities, households with a young child 5 years of age or under, households with high energy burden and households with high energy consumption. Subrecipient shall implement the CEAP in accordance with the Certifications attached hereto as Exhibit A, the Budget attached hereto as Exhibit B, the Personal Responsibility and Work Opportunity Act of 1996 C'PRWORA rI

) Requirements for the CEAP attached hereto as Exhibit C, the Documentation of Disability requirements attached hereto as Exhibit D, and all such Exhibits incorporated herein foe aU relevant purposes; the assurances, certifications, and all other statements made by Subrecipient in its application funding under this Contract; and with all other terms, provisions, and requirements herein set forth. Subrecipient shall perform direct services under this Contract beginning 011 January 7, 2013 and continuing until the end of the Contract Term in accordance with the State Rules, amended to be effective January 7, 2013.

SECTION 4. DEPARTMENT OBLIGATIONS

A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs for administrative expenditures and Assurance 16 activities as defined herein incurred by Subrecipient during the Contract Term and for the actual allowable costs for direct services incurred by Subrecipient on or after January 7, 2013, in the amountspecitied in Exhibit B, Budget, of this Contract.

B. Any decision to obligate additional funds or deobligate funds shall be made in writing by Department in its sole discretion based upon factors including, but not limited to, the status of funding under grants to Department, the rate of Subrecipient's utilization of funds under this or previous contracts, the existence of questioned or disallowed costs under this or other contracts between the Parties, and Subrecipient's overall compliance with the terms of this Contract

C. Department's obligations under this Contract are contingent upon the actual receipt of funds from the U.S. Department of Health and Human Services. If sufficient funds are not available to make payments under this Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact is detennined. Department shall then terminate this Contract and will not be liable for the failure to make any payment to Subrecipient under this Contract. Department acknowledges that it has received obligations from those sources which, if paid, will be sufficient to pay the allowable costs incurred by Subrecipient under this Contract

D. Depmil1lent is not liable for any cost incurred by Subrecipient which;

1. is subject to reimbursement by a source other thm1 Department;

Page 1 of 19

14

2. is for perfonnallce of services or activities not authorized by the LIHEAP Act, or which is not in accordance with the terms ofthi$ Contract;

1 is for non~admjnistrative services such as direct services incurred from January 1,2013 to January 6, 20l3;

4. is not incurred during the Contract Term;

5. is not reported to Department on a monthly expenditure or performance report within forty five (45) days following the end of the Contract Term; or

6. is incurred for the purchase or pennanent improvement of real property.

E. Subrecipient shall refund, within fifteen (I 5) days of the Department's request, any sum of money paid to Subrecipient which Department determines has resuJted in an overpayment or has not been spent in accordance with the terms of this Contract.

F. Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the sum of

$7,099,8(>6.00.

SECTION 5. METHOD OF PAYMENT/CASH BALANCES

A. Each month, Subrecipient may request an advance payment of CEAP funds under this Contract. As per the Unifonn Grant Management Standards, 34 T.A.C. §20.421 et seq (herein "UGMS"), Subrecipient's requests for advances shall be limited to the amount needed and be timed to be in accordance with actual immediate cash requirements of the Subrecipient in carrying out the purpose of this Contract

B. Subrecipient shall establish procedures to minimize the time elapsing between the disbursement of funds from Department to Subrecipient and the expenditure of such funds by Subrecipient.

C. Subrecipient must request an advance payment by submitting a properly completed monthly expenditure report to the Department through the electronic reporting system no later than the fifteenth (15tl1) day of the montIl prior to the month for which advance payment is sought.

D. Subsection 4(A) notwithstanding, Department reserves the right to utilize a modified cost reimbursement method of payment, whereby reimbursement of costs incurred by a Subrecipient is made only after the Department has reviewed and approved backup documentation provided by the Subrecipient to support such costs for all funds if (1) Subrecipient maintains excessive cash balances or requests advance payments in excess of thirty (30) days need; (2) Department identifies any deficiency in the internal controls or financial management system used by Subrecipient; (3) Subrecipient violates any of the terms of this Contract; (4) Department's funding sources require the use of a cost reimbursement method of payment or (5) SUbrecipient owes the Department funds.

E. Department may offset or withhold any amounts othelWise owed to Subrecipient under this Contract against any amount owed by Subrecipient to Department arising under this Contract

F. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive: benefit of the eligible clients of the CEAP and for allowable direct services incurred on or after January 7, 2013, and for allowable administrative expenditures and Assurance 16 activities defined below incurred during the Contract Term, including but not limited to training/travel expenditures and services that encourage and enable households to reduce their home energy needs and thereby the need for energy a~sistance (hereafter "Assurance 16 activities") as defined in the LII-fEAP Act

SECTION 6. COST PRINCIPLES AND ADMINISTRA TlYE REQUIREMENTS

A. Except as expressly modified by law or the terms of this Contract, Subrecipient shaH comply with the cost principles and uniform administrative requirements set forth in the UGMS. All references therein :to "local government" shall be construed to

mean Subrecipient.

Page 2 of 19

B. Unifonn cost principles for political subdivisions Uniform administrative requirements for poiiticall "Audits of States, Local Governments, and organizations and other organizations expending A-l33 is $500,000.

1 5

are set forth in OMB Circular A-87 as implemented by 2 C.F.R. Part 225. subdivisions are set forth in UMB Circular A-I02. OMB Circular A-133 Non-Profit Organizations," sets forth audit standards for governmental

Federal funds. The expenditure threshold requiring an audit under Circular

C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for costs incurred or performances rendered fOf activities specified in the LIHEAP Act

D. Subrecipient may incur costs for activities associated with the closeout of the CEAP Contract for a period not to exceed forty five (45) days from the end of the Contract Term defined in Section 2 of this Contract

SECTION 7. TERMINATION ANI) SUSPENSION

A. Pursuant to §5.17 of the State Rules, Department may tenninatc this Contract, in whole or in part, at any time Department dctennines that there is cause for tennination. Cause for termination includes, but is not limited to, Subrecipient's failure to comply with any tenn of this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of the Contract. If the Department determines that a Subrecipient has failed to comply with the tenns of the Contract, or has failed to provide services that meet appropriate standards, goals, or other requirements established by the Department, Department will notify Subrecipient of the deficiencies to be corrected and require the deficiencies be conected prior to implementing temlination.

B. Sllbrecipient's failure to expend the funds provided under this Contract in a timely manner may result in either the termination of this Contract or Subrecipient's ineligibility to receive additional funding under CEAP, or a reduction in the original allocation of funds to Subrecipient.

C. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's performance including but not limited 10, Subreceipient's failure to correct any monitoring findings on this or any state contract or on a single audit review. Suspension shaH be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract.

D. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this contract by Subrecipient. Department may withhold any payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is otherwise determined in writing between Parties.

E. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this Contract.

SECTION 8. ALLOWABLE EXPENDITURES

A. The allowability of Subrecipient's costs incuned in the performance of this Contract shall be determined in accordance with the provisions of Section 4 and the regulations set forth in the LIHEAP Act and the State Rules, subject to the limitations and exceptions set forth in this Section.

B. CEAP funds may be used for administrative activities and Assurance 16 activities during the Contract Term as well as other allowable expenditures under this Contract such as direct services incurred on or after January 7, 2013 until the end of the Contract Term, and include the following:

1. Conducting Assurance 16 activities, to include needs assessment, referrals, budget counseling, energy conservation education and assistance with energy vendors;

2. Providing assistance to low income households in meeting their home energy costs;

3. Intervening in energy crisis situations; or

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4 Department-approved travel and training.

C. CEAP funds allow up to 6% of the award amount to be utilized for administrative costs. Administrative costs incurred by Subrecipient in perfonning this Contract are to be based on actual programmatic expenditures and shall be allowed up to the amount outlined in Exhibit B of this Contract Eligible administrative costs include costs related to staff perfonnance of management, accounting and reporting activities.

D. Administrative and Assurance 16 Activities funds as defined under and in accordance with the State Rules are earned through provision of direct services to clients. Subrecipient may choose to submit a final budget revision no later than forty five (45) days prior to the end of the Contract Term to use its administration and Assurance 16 activities funds for direct service categories; however, Subrecipient is still required to perform Assurance 16 activities.

E. Subrecipient shall provide direct services: to clients on or after January 7, 2013 and within sixty (60) days of receipt of funds under this Contract pursuant to §5.406(b) of the State Rules, effective January 7, 2013.

SECTION 9. RECORD KEEPING REQUIREMENTS

A. Subrecipient shall maintain fiscal and programmatic records and supporting documentation tor all expenditures of funds made under this Contract in accordance with the DGMS, Section III, Common Rule: State Unifonn Administrative Requirements for Grants and Cooperative Agreements, Subpart C ~Post Award Requirements, _.42.

B. Open Records. Subrecipient acknowledges that all ,information collected, assembled, or maintained by Subrecipient pertaining to this Contract is subject to the Texas Public lnfonnation Act, Chapter 552 of Texa~ Govemment Code and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public Intonnation Act.

C. Subrecipient shall give the U.S. Department of Health and Human Services, the U.S. General Accounting Office, the Texas Comptroiter, the State Auditor's Office, and Department, or any of their duly authorized representatives., access to and the right

to examine and copy, on or off the premises of Subrecipient, all records pertaining to this Contract Such right to access shall continue a'i long as the records are retained by Subrecipient. Subrecipient agrees to maintain such records in an accessible location for the greater of: (i) four (4) years; (ii) if notified by the Department in writing, the darte that the final audit is accepted with all audit issues resolved to the Department's satisfaction; (iii) if any litigation claim, negotiation, inspection, or other action has started before the expiration of the required retention period records must be retained until completion of the action and resolution of all issues which arise under it; (Iv) a date consistent with any other period required by federal or state law or regulation. Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection. Upon ten11ination of this Contract, all records are property of the Department.

D. Subrecipient shall maintain a c1ieJlt file system to document direct services rendered. The direct servi:ces must be rendered on or after January 7, 2013. Each client file shall contain the following:

1. Client application containing all Department requirements;

2. Documentation/verification of client income for the thirty (30) days preceding their application for all household members eighteen (18) years and older, or Declaration of Income Statement (DIS) (if applicable). In order to use the DIS fonn, each subrecipient shall develop and implement a written poilCY and procedure on the use of the fonn, including policies requiring a client statement of efforts to obtain documentation of income with a notarized client signature; as outlined in § 5.407(e) of the State Rules.

3. Copy of client's utility bill(s);

4. Energy consumption history for previous twelve (12) months (an fuel types) (not applicable for Household Crisis);

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5. Documentation of payment (Documentation of payment may be maintained in a separate file, but must be accessible to

the Department);

6, Documentation of benefits determination;

7. Notice of Denial Form (ifapplicable);

8. Right of appeal and procedures for denial or termination of services (if applicable);

9. Any documentation required by directives;

10. Priority rating form; and

11. Case notes sufficient to document that Assurance 16 activity has occurred.

E. Subrecipient shall maintain complete client files at aU times. Costs associated with incomplete files found at the time of

program monitoring may be disallowed.

SECTION 10. REPORTING REQUIREMENTS

A. Subrecipient shall electronically submit to Department, no later than fifteen (15) days after the end of each month of the Contract Term, a Funding Report of all expenditures of funds and clients served under this Contract during the previous month. These reports are due even if Subrecipient bas no new activity to report during the monUlI.

B. Subrecipient shall submit to Department, no latJCr than forty five (45) days after the end of the Contract Tenn, an inventory of all vehicles, tools, and equipment with a unit acquisition cost of $5,000 and lor a useful life of more than one year, if purchased in whole or in part with funds received under this Contract or previous CEAP contracts. The inventory shall include the vehicles, tools, equipment, and appliances purchased with Energy Crisis funds on hand as of the la<;t day of the Contract Tenn. Subrecipien1 acknowledges that all equipment and supplies purchased with funds ii·om the CEAP are the property of CEAP and as such, stay with the subrecipient which provides CEAP services in the service area.

C. Subrecipient shall electronically submit to Department, no later than forty five (45) days after the end of the Contract Term, a final report of aU expenditures of funds and clients served under this Contract. Failure of Subrecipient to provide a full accounting of funds expended under this Contract may result in the tennination of this Contract and ineligibility to receive additional funds. If Subrecipient fails to submit a final expenditure/perfonnance report within 45 days of the end of the Contract Tenn, Department will use the last report submitted by Subrecipient as the final report.

D. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this Contract, Department may withhold any or all paymen1s otherwise due or requested by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received by Department. If the delinquent report or response is not received within forty·five (45) days of its due date, Department may suspend or terminate this Contract. If Subrecipient receives funds from Department over two or more Contract Tenns, funds may be withheld or this Contract suspended or tenninated for Subrecipient's failure to submit a past due report or response (including an audit report) from a prior contract or

Contract Term.

E. Subrecipient shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central Contractor Registration (CCR) System number. The DuNS number must be provided in a document from Dun and Bradstreet and the current CCR number must be submitted from a document retrieved from the https://wv,rw.sam.gov/portal/public/SAM! website. These documents must be provided to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number f;or the entire Contract Term.

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SECTION 11. VENDOR AGREEMENTS

For each of SUbrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement that contains assurances relating to fair billing practices, delivery procedures, and pricing procedures for business transactions involving CEAP clients. All vendor

agreements are subject to monitoring procedures performed by TDHCA. All vendor agreements must be renegotiated every two

years.

SECTION 12. CHANGES AND AMENDMENTS

A Any change, addition or deletion to the terms of this Contract required by a change in federal or state law or regulation is automatically incorporated herein and is effective on the date designated by snch law or regulation.

B. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this Contract shall be in writing and executed by both Parties to this Contract. If any Party returns an executed copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission, to be its original signature,

c. Written requests for Contract amendment must be received by the Department by no later than forty five (45) days prior to the end of the Contract Term.

SECTION 13. PROGRAM INCOME

Subrecipient shall account for and expend program income derived from activities financed in whole or in part with funds provided under this Contract in accordance with the UGMS, Common Rule, L.25 and OMB Circular A-I02, Attachment, 2e.

SECTION 14. TECHNICAL ASSISTANCE AND MONITORING

Department may issue technical guidance to explain the rules and provide directions on tenus of this Contract. Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance with the terms of this Contract. Department's monitoring may include a review of the efficiency, economy, and efficacy of Subrecipient's perfonnance. Department will notify Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting the deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's accounting, personnel, procurement, and management procedures and systems in order to comply with State or Federal requirements. Department may conduct follow-up visits to review the previously notcd deficiencies and to assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs. Department may terminate or suspend this Contract or invoke other remedies Department determines to be appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to correct any deficiency within a reasonable period of time, as determined by the Department. Department or its designee may conduct an ongoing program evaluation throughout the Contract Term.

SECTION 15. INDEPENDENT SUBRECIPIENT

It is agreed that Department is contracting with Subrecipient as an independent contractor. Department against any disallowed costs or other claims which may be asserted by any third party be performed by Subrecipient under this Contract.

SECTION 16. PROCUREMENT STANDARDS

Subrecipient agrees to indemnify in connection with the services to

A. For making procurements under this contract, Subrecipient shall comply with 45 c.F.R. Part 92, OMB Circular A-102, 10 T.A.C. §5.1 0, and all applicable federa!, state, and loca~ laws, regulations, and ordinances.

B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods~ or services with a unit acquisition cost (the nct invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received the prior written approval of Department for such purchase.

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C. Upon the termination or non-renewal of this Contract, Department may transfer title to any such property or equipment having a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving Depattment funding,

SECTION 17. SUBCONTRACTS

A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to expenditure and perfomlance reporting and drawing funds through the Community Affairs Contract System, and only may enter into properly procured contractual agreements for consulting and other professional services, if Subrecipient has received Department's prior written approval. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior approval, Any subcontract for the delivery of client assistance will be subject to monitoring by the Department as per Section

14.

B, In no event sha!! any provision of this Section 17, specifically the requirement that Subrecipient obtain Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with al! of the terms of this Contract, as if such performances rendered were rendered by Subrecipient Department's approval under this section does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to monitor and require Subrecipient's full compliance with the tenus of this Contract. Department's approval under this section does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract

SECTION 18. AUDIT

A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Contract, subject to the following conditions and limitations:

1. Subrecipient expending $500,000 or more in total Federal awards or $500,000 in total state financial assistance shall have an audit perfonned in accordance with the Single Audit Act Amendments of 1996, 31 U.s.c. 7501, and OMB Circular No. A~133, "Audits of States, Local Governments, and Non~Profit Organizations" issued June 30, 1997. For purposes of this Section 18, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with OMB guidelines. The term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly through other units of State and local government;

2. Sections 4 0 (3) and (4) above notwithstanding, Subrecipient may utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract.

3. Subrecipient shall submit three (3) copies of such audit report and any associated management letter to the Department, two (2) copies of the audit report to Department's Compliance and Asset Oversight Division and one (1) copy of the audit report to the Department's Community Affairs Division within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end .of the audit period, Subrecipient shall make audit report available for public inspection within thirty (30) days after receipt of the audit report(s). Audits performed under this Section are subject to review and resolution by Department or its authorized representative. Subrecipient shall submit such audit report to the Federal clearinghouse designated by OMB in accordance with OMB A~ 133.

4. The audit report must include verification of all exvenditures by budget category, in accordance with Exhibit B, Budget, of this Contract.

B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an allowable charge under Federal awards.

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C. Subsection A of this Section 18 notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of funds received and performance rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and obtain any documents, materials, or information necessary to

facilitate such audit.

D. Subrecipient understands and agrees that it shall be liable to the Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Contract.

E. Subrecipient shaH facilitate the performance of such audit or audits conducted pursuant to this Section 18 a') Department may require of Sub recipient.

F. Subrecipient shall procure audit services through an open, competitive process at least once every four years, The auditor shall retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to cany out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is rea~onable and necessary,

G. For any fiscal year ending within or immediately after the Contract Tenn, Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60) days after the Subrecipient's fiscal year end,

SECTION 19. MANAGEMENT OF EQUIPMENT AND INVENTORY

A. Subrecipient shall comply with Subchapter A of the State Rules,

B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Suhrecipient has received the prior written approval of Department for such purchase

C. Upon the termination or non~renewal of this Contract, Department may transfer title to any such property or equipment having a useful life of one year or more or a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving Department funding.

SECTION 20. TRAVEL AND TRAINING

The travel funds are to be used only for Department~approved training events, Subrecipient shall adhere to OMB Circular A~87 and either its board-approved travel policy, or in the absence of such a policy, the State of Texas travel policies.

SECTION 21. BONDING AND INSURANCE REQUIREMENTS

A If Subrecipient will enter in to a construction or facility improvements contract with a third~party in the amount of $25,000 of greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient will enter in to contract with a prime contractor in excess of $100,000, a performance bond in the full amount of the contract is also required, These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State Insurance Department. Such assurances of completion will run to the Department as obligee and must be documented prior to the start of construction.

B. Subrecipient shall maintain adequate personal injury and property damage liability insurance. Subrecipient is encouraged to obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many heal'th and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient should review existing policies to determine if lead contamination is covered, If it is not, Subrecipient should consider securing adequate coverage for all construction projects. Additional liability insurance costs may be paid from administrative funds, The Department strongly recommends the Subrecipient require their contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best course to take for implementing the pollutiolll occurrence insurance coverage.

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SECTION 22. LITIGATION AND CLAIMS

Subrecipient shall give Deprutment immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim.

SECTION 23. LEGAL AUTHORITY

A. Subrecipient assures and guarantees that it possesses the legal authority to <enter into this Contract, to receive and manage the funds authorized by this Contract, and to perfonn the services Subrecipient has obligated itself 10 perform hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient's constitutive documents or any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms.

B, The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by Contract to execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and performances herein.

C. Department shall have the right to suspend or tenninate this Contract if there is a dispute as to the legal authority of either Subrecipient, or the person signing this Contract on behalf of Subrecipient, to enter into this Contract or to render perfonnances hereunder. Subrecipient is liable to Department for any money it has received from Department for perfbnnance of the provisions of this Contract, if the Department has tenninated this Contract for reasons enumerated in this Section 23.

SECTION 24. COMPLIANCE WITH LAWS

A. FEDERAL STATE AND LOCAL LAW. Subrecipient sha1l comply with the LIHEAP Act, the federal rules and regulations promulgated under the UHEAP Act, the State Act, the State CEAP Rules, UHEAP State Plan, and all federal, state, and local laws and regulations applicable to the performance of this Contract.

B. DRUG-FRFF WORKPI ACE ACT OF 1988. The Subrecipient affirms by signing this contract that it is implementing the Drug~Free Workplace Act of 1988.

C PRO-CHILDREN ACT OF 1994. Subrecipient shaH follow the requirements of the Pro~Chjldren Act of 1994, (20 U.S.c. Sec. 6081 et seq.) which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal programs either directly or through States or local governments by Federal grant, contract, loan or loan guarantee,

D. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program applications, forms, and educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with Limited English Proficiency have meaningful access to the program. Meaningful access may entail provide language assistance services, including oral and written translation, where necessary.

SECTION 25. PREVENTION OF WASTE, FRAUD, AND ABUSE

A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures shan address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors and administering agencies. Subrecipient's internal control systems and all transactions and other significant events are to be clearly d'Ocumented, and the documentation is to be readily available for monitoring by Department.

B. Subrecipient shall give Department complete access to all of its rccords, employees, and agents for the purposes of any investigation of the Comprehensive Energy Assistance Program. Subrecipient shall immediately notify Department of any discovery of waste, fraud, or abuse. Subrecipient shaH fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse in the Comprehensive Energy Assistance Program,

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C. Subrecipient may not discriminate against any employee or other person who reports a violation of the tenns of this Contract, or of any Jawor regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith.

SECTION 26. CERTIFICATION REGARDING VNDOCUMENTED WORKERS

Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies that SubrecipientiLocal Operator, or a branch, division, or department of Subrecipient does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for pennanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.s.c. Section 1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%) per annum, not later than the 120th day after the date the Depat1ment notifies Subrecipient of the violation ..

SECTION 27. CONFLICT OF INTERESTINEPOTISM

A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts.

B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the Parties indicated herein, ha.;; a financial or other interest in the firm selected for an award.

C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient.

D. Subrecipients who are local govemmental entities shall, in addition to the requirements of this Section, tollow the requirements of Chapter 171 of the Local Government Code regarding conflicts of interest of officers of municipalities, counties, and certain other local governments.

E. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default under this Contract and may result in termination of the Contract or deobligation of funds.

SECTION 28. POLITICAL ACTIVITY PROHIBITED

A. Funds provided under this Contract shall not be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Subrecipient from furnishing to any member of its goveming body upon request, or to any other local or state official or employee, or to any citizen, information in the hands of the employee or official not considered under law to be confidential information. Any action taken against all employee or official for supplying such infonnation shall subject the person initiating the action to immediate dismissal from employment.

B. Funds provided under this Contract may not be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas, or the government of the United States.

SECTION 29. NON-DISCRIMINATION AND EQVAL OPPORTUNITY

A. A person shall not be excluded trom participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activiocy funded in whole or in part with funds made available under this Contract, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or be!ief.

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B. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping with the principles as provided in President's Executive Order 11246 ofSeptembcl' 24, 1965.

C. Subrecipient will include the substance of this Section 29 in all subcontracts.

SECTION 30. CERTiFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACI'S

The Department may not award a Contract that includes proposed financial participation by a person who, during the five year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005,

By execution of this Contract, the SubrecipienULocal Operator hereby certifies that it is eligible to participate in this Program and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate,

SECTION 31. MAINTENANCE OF EFFORT

Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source nor in any way serve to reduce the funds or resources which would have been available to, or provi-ded through, Subrecipient had this Contract never been executed.

SECTION 32. DEBARRED AND SUSPENDED PARTIES

By signing this Contract, Subrecipient certifies that its principal employees, board members, agenB, or contractors agents are not included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it will not award any funds provided by this Contract to any party that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Subrecipient agrees that prior to entering into any agreement with a potential subcontractor that the verification process to comply with this requirement will be accomplished by checking the System for Award Management (SAM) at www.sam.gov and including a copy of the results in its project files.

SECTION 33. FAITH !lASED AND SECTARIAN ACTlVITV

Funds provided under this Contract may not be used for sectarian or inherently religious activities instruction or proselytization, and must be for the benefit of persons regardless of religiious affiliation. with the regulations promulgated by the HHS at 45 C.P.R. §87.2.

SECTION 34. COPVRIGHT

such as worship, religious Subrecipient shall comply

Subrecipient may copyright materials developed in the perfonnance of this Contract or with funds expended under this Contract. Department and HHS shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government purposes

SECTION 35. NO WAIVER

Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time.

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SECTION 36. SEVERABlLlTV

If any section or provision of this Contract is held to be invalid or unenforceable by a court or administrative tribunal of competent jurisdiction, the remainder shail remain valid and binding.

SECTION 37. ORAL AND WRITTEN AGREEMENTS

A. All oral and written agreements between the Parties relating to the subject matter of this Contract have been reduced to writing and are contained in this Contract.

B. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract:

Exhibit A, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements

2 Exhibit B, Budget

3 Exhibit C, PRWORA Requirements for the Comprehensive Energy Assistance Program

4 ExhibitD, Documentation of Disability

SECTION 38. SPECIAL CONDITIONS

A. In order to achieve compliance with the LIHEAP Act, Subrecipient must coordinate with other energy related programs. Specifically, Subrecipient must make documented referrals to the local Weatherization Assistance Program subrecipient and the Lite Up Texas program administered by the Public Utility Commission of Texas

B. Subrecipient shall accept applications for CEAP benefits at sites that are geographically accessible to all households in the service area. Subrecipient shall provide elderly and disabled individuals the means to submit applications for CEAP benefits without leaving their residence or by securing transportation for them to the sites that accept such applications.

SECTION 39. APPEALS PROCESS

In compliance with the LIHEAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to individuals whose application for assistance is denied, terminated or not acted upon in a timely manner. Subrecipient must establish a denial of service complaint procedure in accordance with §5.405 the State Rules.

SECTION 40. USE OF ALCOHOLIC BEVERAGES

Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages.

SECTION 41. FORCE MAJURE

If the obligations are delayed by the following, all equitable adjustment will be made for delay or failure to perform hereunder:

A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) quarantines, embargoes and other similar lillusual actions offederaI, provincial, local or foreign Governmental Authorities; and

B. The non-perfonning party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources, workaround plans or other means,

Page 12 of 19

25

SECTION 42. TIME IS OF THE ESSENCE

Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and conditions of this Contract.

SECTION 43. COUNTERPARTS AND FACSIMILE SIGNATURES

This Contract may be executed in one or more counterparts each of which shaH be deemed an original but aU of which together shall constitute onc and the same instrument Signed signature pages may be transmitted by facsimile or other electronic transmission, and any such signature shall have the same legal effect as an original.

SECTION 44. NUMBER, GENDER

Unless the context requires othcnvise, the words of the masculine gender shall include the feminine, and singular words shall include the plural.

SECTION 45. NOTICE

A Ifnoticc is provided concerning this Contract, notice may be given a1 the following (herein referred to as "Notice Address"):

As to Department:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

P. 0, Box 13941

Austin, Texas 787ll ~3941

Attention: Michael DeYoung

Telephone: (512)~ 475~3950

Fax: (512) -475-3935

michael.deyoung@tdhca.state.tx.us

As to Subrecipient:

Dallas County Department of Health and Human Services

2377 N. Stemmons Freeway LB 16

Dallas, TX 75207

Attention: Zachary Thompson, Executive Director Telephone: (214) 819-1848 Fax: (214) 819-6022 Email: zthompson@dallascounty.org

B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service, or five days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 45.

Page 130fl9

26

SECTION 46. VENUE AND JURISDICTION

This Contract is delivered and intended to be perfonncd in the State of Texas. For purposes of litigation pursuant to this Contract, venue shall lie in Travis County, Texas.

EXECUTED to be effective on :1/l/20l.3

Dallas County Department of Health and Human Services

a political subdivision

By:

Tlt!e:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,

a public and official agency of the State of Texas

By:

Title: Its duly authorized officer or representative

Page 14 of 19

27

TEXAS DEPARTMENT OF HOUSI'(G AND COMMUNITY AFFAIRS

CONTRACT NO. 58130001632 FOR THE FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(eFDA # 93.568)

EXHIBIT A CERTIFICATION REGARDING LOBBYING FOR

CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

Dan as County Department of Health and Human Services. a political subdivision

The undersigned certifies, to the best of its knowledge and belief, that:

1. No federa! appropriated funds have been paid or wil! be paid, by or all behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to

influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard tonn ~LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

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

This ce11ificatioll is material representation of fact 011 which reliance was placed when this transaction wa" made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Dallas County Depmiment of Health and Human Services a political subdivision

By:

Title:

Date:

Page 15,,[19

28

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CONTRACT NO. 58130001632 FOR THE FY 2013

COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568)

EXHIBIT B

BUDGET

Dallas County Department of Health and Human Services, a political subdivision

DEPARTMENT FINANCIAL OBLlGA TlONS

$ 7,099,866.00 CEAP FUNDS CURRENTLY A V AILABLE

$ 1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY A VA!LABLE

BUDGET FOR AVAILABLE ALLOCATIONS

BUDGET CATEGORY FUNDS

Administration $ 443,667.00

Assurance J 6 $ 473,665.00

Direct Services $ 6,181,334.00

TOTAL CEAP BUDGET $ 7,098,666.00

BUDGET CATEGORY FUNDS

Household Crisis $ 3,090,667.00

Utility Assistance $ 3,090,667.00

TOTAL DlRECr SERVICES $ 6,ISI,334.00

Subrecipient's service area consists of the following Texas counties:

DALLAS

Page 16 of19

%

-

-

-

-

%

50.00

50.00

100.00

29

Administrative costs, salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 6.2% oj the contract expenditures, excluding Training/Travel costs. Assurance 16 Activities, must be paid with nonfedera! funds.

All other administrative costs, exclusive of administrative costs for

Assurance 16 Activities costs will be the maximum allowable under the total State of Texas LIHEAP award but at least 6.6% of the contract expenditures excluding Training and Travel costs.

Department's prior written approval for purchase or lease of equipment with illl acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases.

Funds may oat be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility.

Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract Tenn.

Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in contract tennination. Subrecipient must document outreach, whether the outreach is conducted with CEAP f110ds or other funds.

Page 17 of 19

30

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CONTRACT NO. 58130001632 FOR THE FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(CFDA # 93.568)

EXHIBITC PRWORA REQUIREMENTS

Dana,> County Department of Health and Human Services a political subdivision

If an individual is applying for LIHEAP funds, a Subrecipient must verity that the individual applying for LIHEAP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), Pub. L. 104-193, 110 Stat 2105, codified at 8 U.S.c. § 1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L

104-208.

To ensure administers eligibility. eligibility.

that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose govenul1ent that "federal public benefit programs" is required to determine, and to verify, the individual's alienage status before granting 8 U.S.C. § 1642 (a) and (b). Subrecipient must use the SAVE verification system to verify and document qualified alien

An exception to the requirement of verification of alienage status applies when the applicant's eligibility is detennined by a non~profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable," An organization is "nonprofit" jf it is organized and operated for purposes other than making gains or profits for the organization, its member or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its generalJy accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed or the underprivileged, as well as religiously~affiliated organizations and educational organizations. Federal Register on November 17, 1997 at 62 Fed. Reg. 61344.

Page 18 of 19

31

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CONTRACT NO. 58130001632 FOR THE FY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(CFDA # 93.568)

EXHIBITD DOCUMENTATION OF DISABILITY

Dallas County Department of Healtll and Human Services, a political subdivision

1. All CEAP purchases of portable heating/cooling units are al!owabie only for households "that include at least one member that is elderly, disabled, or a child aged 5 or younger when Subrecipient has met local weather crisis criteria, pursuant to 10 TAC 5.423(d)(4). No other reason for purchase, including medical reasons, shaH be accepted. Notwithstanding the provisions under JO TAC JO TAC 5.402, 10 TAC 5.422(c), JO TAC 5.422(d)(3), and 5.423(d)(4), under NO CIRCUMSTANCES should clients' medical infonnation be collected or kept by Subrecipients.

2. Documentation of Disability must NOT include protected health information a<; defined in the Texas Health and Safety Code, Subtitle I, Chapter 181.

Page 190f19

32 DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary S. Thompson Director

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: January 29, 2013

SUBJECT: DEPARTMENT OF STATE HEALTH SERVICES CONTRACT #2013-041066-014A, BRANCH - LOCALS

BACKGROUND

An amendment to the Department of State Health Services (DSHS) Contract #2013-041066-014A, Immunization Branch­Locals has been received. This attachment is being amended by DSHS to add response efforts to the special provisions (Article II Services, Section 2.02), and is effective January 16, 2013. The term of this contract amendment is September 1, 2012 through August 31,2013.

OPERATIONAL IMPACT

In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre-event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. There are no additional operational impacts to this contract.

LEGAL IMPACT

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

FINANCIAL iMPACT

DSHS shall reimburse Dallas County up to 5% of this Program Attachment funded by the Center's for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Tile discretionary County match will remain the same for this amendment.

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approve the Department of State Health Services Contract #2013-041 066-014A, Immunization Branch - Locals, and authorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

Recommended by:-Z--:'--'----t::--L·--'.~-· --#;'=~c:--5'_v..,-./i_. ~u,--I / Zacha fI, Director

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

2377 N.Stemmons Freeway Suite 600 - LB 12

Dallas, Texas 75207-2710 Office (214) BiS-2i00 FAX (214) 819-2835

33

DEPARTMENT OF STATE HEALTH SERVICES

Amendment

The Department of State Health Services (DSHS) and DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT (Contractor) agree to amend the Program Attachment # 014 (Program Attachment) to Contract # 2013·041066 (Contract) in accordance with this Amendment No. 0l4A: IMMUNIZATION BRANCH· LOCALS, effective 01116/2013.

The purpose of this Amendment is to include a Special Provision covering response efforts by Local Health Departments.

Therefore, DSHS and Contractor agree as follows:

PROGRAM ATTACHMENT NO.4l4- 014A

SECTION VIII, SPECIAL PROVISION, is revised to add the following:

General provjsjons ARTICI,E II SERVICES. Sect jon 2 Q2 Disaster Servjces js revised to include the following:

In the event of a local, state Of federal emergency the Contractor bas the authQrity to utilize anproximately 5% of staff's time snpporting tbis Program Attachment for respouse efforts. DSHS shall rejmburse Contractor up to 5% of tbjs program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs respondjng to an emergency event. Contractor shall majntain records to document the time spent on response efforts for auditing purposes Allowable actjvities also include narticipation of driUS and exercises in tbe preM

eyent tjme period. Contractor shan notify the Assjgned Contract Manager jn writing when this provision is imnlemented

All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of the Contract and the terms of this Amendment, this Amendment shall control.

Department of State Health Services

Signature of Authorized Official

Date: ________________ _

David L. Lakey, M.D.

Commissioner

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

512.458.7375

david.lakey@dshs.state.tx.us

Contractor

Signature of Authorized Official

Date: February 5, 2013

Name: Zachary Thompson

Title: Director

Address: 2377 N. Stemmons Frwy., Ste. 600

Dallas, TX. 75207

Phone: __ 2_1_4-'-.8_1_9_-_2_1_0_0 _______ _

Email: zthompson@dallascounty.org

BY:

Clay Lewis Jenkins, County Judge

Page - 1 of 1

34

l~>l~ .. ~~~~~\ D;::.LL i;S COUNTY

DALLAS COUNTY !;lmrl! lONERS COURT

. ~~ ~&/.. ~ ~ ~~OF~

COMMISSIONERS COURT !:i JUI ~':/ !HI 8 If DEPARTMENT OF PLANNING & DEVELOPMENT d;r, ~v ;;iJ : .....

January 23, 2013

TO: Commissioners Court (Item also on Formal Agenda)

FROM: Rick Loessberg, Director of Planning & Development __

SUBJECT: Grand Prairie Subcourthouse - Change Order #6

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 #6 which provides for the installation of IT/audio visual equipment/wiring and related drywall/interior ceiling work. So that the Court can consider this change order and because of the time­sensitive nature of the work associated with it and its impact on the schedule for completing the building, the following information has been prepared and simultaneously placed on both the Court's briefing agenda and formal agenda.

OperationailFinanciallmpact

Because of the unique nature of IT/audio visual systems, this item was to be handled separately and was not included in the original contract amount. Broaddus & Associates, which has been retained by the County to manage the project, has reviewed Change Order #6 and recommends that it be approved. This change order will cost $290,006, and it will increase the project's contract from $6,250,947 to $6,540,953.

There have been five previous change orders for this project. These change orders have been authorized to account for inclement weather, changes required by the City of Grand Prairie, and changes requested by the County to improve the facility's security, efficiency, and functionality. The total dollar-value of these five earlier changes orders has been $150,947 which is equal to 2.5% of the project's original design/construction contract.

Funding for Change Order #6 is available within the current project budget in the MCIP (Project 70153). Please note, however, that with the project nearing completion, there will be several other items that will be brought to the Court's attention over the next few weeks where additional funding will likely be needed.

MWBE Information

The value of MWBE subcontracts on the construction of this project is currently at 29.3%.

411 Elm Street, 3,8 Floor, Room 313 Dalias County Administration Building

Dallas, Tex8!S 75202·3301 email: rloessberg@daliascounty.org

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

35

Project Schedule

The sUbstantial completion date for this project will change twenty (20) calendar days from February 20, 2013 to March 12, 2013.

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 Change Order #6 which authorizes the installation of the Grand Prairie subcourthouse's IT/audio visual equipment and wiring be approved.

cc: Mark Starr, Broaddus & Associates Tim Glenn, HWH

36

DALLAS CO UNTY PUBLIC WORKS

January 23,2013

MEMORANDUM

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

John Wiley Price, Commissioner District 3

Selas Camarillo, Assistant Director - Property DiViSiO¥

Resale of Tax Foreclosed Property at 12902 Timothy Lane, Balch Springs, Texas ("Property") Via Private Sale

BACKGROUND

The unimproved Property was offered for sale by the Sheriff of Dallas County at public auction and was struck off to Dallas County, as Trustee on November 6, 2012, pursuant to the judgment dated March 2, 2010 for the non-payment of delinquent property taxes. The Sheriffs Deed l<J the Property is recorded in Instrument No. 201200351218, Real Property Records, Dallas County, Texas.

On January 22,2013, the Public Works Department received an offer from Natasha Giddens of$17,267.00 to purchase the Property. Acceptance ofthe offer will discharge and extinguish only the ad valorem property tax liens for the tax years 200 I - 2009 included in the tax judgment_ The purchaser will be responsible and liable for the payment of post judgment tax liens for the years 2010- I V6112, totaling approximately $3,000

STRATEGIC PLAN COMPLIANCE

The reguest is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure properties to interested purchasers for future development and the betterment of the whole neighborhood and in returning the Property to the tax roll increasing tax revenue for the Taxing Authorities.

LEGAL INFORMATION

Aceeptance of the offer would be in compliance with the Tax Code and the Dallas County Tax Foreclosure Resale Policy. Pursuant to Section 34.05(i) of the Tax Code, the Mesquite Independent School District and the City of Balch Springs have adopted resolutions consenting to the sale.

Dallas County will execute a Quitclaim Deed which will contain an acknowledgment that the Property is being sold subject to the prior owner's right of redemption, if any, that the grantee assumes responsibility for the payment of post judgment taxes and that the Property is being purchased on an "AS IS, WITH ALL FAULTS" basis.

IMPACT ON OPERATIONS

Delinquent taxes on this property date back to 2001 and the Property has been tax exempt since November 6, 2012. Acceptance of this offer will eliminate future maintenance and management costs incurred by both City and COUllty.

FINANCIAL IMPACT

The proceeds from the resale will be distributed by Dallas County Tax Office in accordance with the Property Tax Code, §34.06, Distribution of Proceeds of Resale. The County tax collection law firm will review and confirm the distribution amounts. The table below details the expected financial impact of the offer including eligible costs recoverable under §34.06.

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

Commissioners Court January 23, 2013 Page 2

37

Cause No. TX-09-30604, styled Dallas County, et al vs. Shirley D. Thomas, el al DCAD Account No 12062500000210000 DCAD Value $25 000 ,

Taxes Due Taxing

Less Eligible Expenses

Taxing Entities Entities Judgment/ Recoverable Under (Tax Years Included in Strike Off Purchase §34,O6

In Judgment) Judgment Amount Amount Tax Code

$14,467.79* $16,806.03 $17,267.00 ($4,252.89)**

Dallas County (2001-2009)

City Balch Springs (2001-2009)

Mesquite l.S.D. (2005-2009) , , () Indudes 12 Yo mterest calculated flam date of Judgment through date of Shenffs Sale

Balance to be

Distributed to Taxes

$13,014.11

(**) Dallas County Administrative Cost, $1,500 (Deposit: 00120A4557, Sale of Real Estate), Court Costs, $2,752.89, City Maintenance Cost Requested

% of Taxes to be

Recovered

90%

The purchase amount of $17,267.00 is $460.97 more than the judgment amount of $16,806,03, which will be absorbed by the Department's administrative fee of $1,500.00. The Purchaser will be additionally responsible for post judgment tax liens of $3,000 (tax years 2010-2012). Dallas County will recover approximately 90% of the taxes due in the judgment and 100% of the eligible expenses reeoverable under the Tax Code. Aceeptance of the offer will place the Property back in private ownership after having taxes delinquent for 12 years.

PERFORMANCE MEASURES IMPACT

Sale of the Property will assist the Property Division in meeting its second quarter performance measures lor FY 2013.

PROJECT SCHEDULE

Court Order to A ward Property Balance Purchase Price Due & Close Sale

RECOMMENDATION

February 12,2013 March 11,2013

The Department of Public Works has reviewed the otTer and recommends the Commissioners Court, upon receipt of the balance of the purchase price: (I) accept the Offer and Purchase Agreement from Natasha Giddens for $17,267.00 to purchase the vacant tax foreclosure property at 12902 Timothy Lane, Balch Springs, Texas, even if amount tendered is less than the market value of the land specified in the judgment of foreclosure or the total amount of the judgments against the Property, (2) authorize the sale of Property by quitclaim deed, subject to post judgment tax years, the pro rata property taxes for the remaining part of the current year and to the previous owners right of redemption, if any, (3) authorize the Tax Assessor Collector to receive and disburse the proceeds in accordance with §34.06 of the Propelty Tax Code.

If the Commissioners Court is in agreement, a court order authorizing the matters above will be placed on the next regular agenda.

APPROVED BY:

/ /

,.(1\,J; rta L. B lair, P. E. ,;:/Director of Puhlic Works

~ ~~:'L,rS(paul Hamilton, Assistant District Attorney, Civil Division

P"'nrr,ViI.)""/n"kh:'",i'll's/Bcr () lkel imnlhy! 2902

DALLAS COUNTY PUBLIC WORKS

January 17,2013

MEMORANDUM

TO: Commissioners Court

38

THROUGH: John Wiley Price, COlmnissioner District 3

01\11 i,e "QU, "TY _ L~~,-,Jv I~

r:OI1~iJ:)Si RS COURT

13 JAN 23 PM 2: 11

FROM: Selas Camarillo, Assistant Director - Property DiViSiO~ SUBJECT: Resale of Tax Foreclosed Property at 1113 Cedarview Drive, Cedar Hill, Texas ("Property")

Via Private Sale

BACKGROUND

The unimproved Property was offered for sale by the Sheriff of Dallas County at public auction and was struck off to Dallas County, as Trustee on June 5, 2012, pursuant to the judgment dated February 23, 2011 for the non­payment of delinquent property taxes, The Sheriffs Deed to the Property is recorded in Instrument No, 201200201236, Real Property Records, Dallas County, Texas, Delinquent taxes on this property date back to 1995 and the PWl'erty has been tax exempt since June 2012.

The Property is a single lot in an addition that was platted for single-family residential development which is in the stage of being assembled with adjoining lots to allow sufficient size for future industrial development A purchaser of this type of property will likely hold it until future demand increases the value,

On January 7, 2013, the Public Works Department received an offer from Darren Melton of $1 ,500 to purchase the Property, Acceptance of the offer will discharge and extinguish only the ad valorem property tax liens for the tax years 1995 - 20 I 0 included in the tax judgment The purchaser will be responsible and liable for the payment of post judgment tax liens for 2011 to June 5, 2012, totaling approximately $550,

STRATEGIC PLAN COMPLIANCE

The request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in selling tax foreclosure properties to interested purchasers for future development and the betterment of the whole neighborhood and in returning the Property to the tax roll increasing tax revenue for the Taxing Authorities,

LEGAL INFORMATION

Acceptance of the offer would be in compliance wi1th the Tax Code and the Dallas County Tax Foreclosure Resale Policy, Pursuant to Section 34.05(i) of the Tax Code, the City of Cedar Hill and the Cedar Hill Independent School District have adopted resolutions consenting to the s",le of the Property,

Dallas County will execute a Quitclaim Deed which will contain an acknowledgment that the Property is being sold subject to the prior owner's right of redemption, if any, that the grantee assumes responsibility for the payment of post judgment taxes and that the Property is being purchased on an "AS IS, WITH ALL FAULTS" basis,

IMPACT ON OPERATIONS

Acceptance of this offer will eliminate future maintell1ance and management costs incurred by both City and County,

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

Commissioners Court January 17,2013 Page 2

FINANCIAL IMPACT

39

The proceeds from the resale will be distributed by Dallas County Tax Office in accordance with the Property Tax Code, §34.06, Distribution of Proceeds of Resale. The County tax collection law firm will review and confirm the distribution amounts. The table below details the expected financial impact of the offer including eligible costs recoverable under §34.06.

Cause No TX 1030877 styled Dallas County et al vs Max G Winfield eI al DeAD Ace No 16015500010270000 DeAD Value $10 000 - -Taxing Entities Less Eligible Expenses Amounfof

(Tax Years Included Taxes Due in Pro rata %1> of Purchase Recoverable Under Unreimbursed In Judgment) Judgment Judgment Amount §34.06Tax Code Court Costs

County (1995-2010) $972.36 19% Cedar Hill (1995-2010)) $1,190.05 23% $1,500 ($3,704.65)* $2,204.65 C.H.l.S.D. (1995-2010) $2,997.90 58%

$5,160.31

(*) Dallas County AdmllllStratJve Cost of $1,500 (DeposIt. 00120.44557, Sale of Real Estate), Court Costs 0[$2,204.65, City Maintenance Cost Requested

In recommending acceptance of the purchase amount of $1 ,500, we have considered the amount of post judgment tax liens for tax years 2011 - 2012 of approximately $550, which will not be discharged or extinguished by this sale and for which the purchaser will be responsible and liable. Additionally the Property will be back in private ownership after having taxes delinquent for seventeen years.

PERFORMANCE MEASURES IMPACT

Sale of the Property will assist the Property Division in meeting its second quarter performance measures for FY 2013.

PROJECT SCHEDULE

Court Order to Award Property & Close Sale February 5, 2013

RECOMMENDATION

The Department of Public Warks has reviewed the offer and recommends the Commissioners Court: (l) accept the Offer and Purchase Agreement from Darren Melton for $1,500 to purchase the vacant tax foreclosure property at 1113 Cedarview Drive, Cedar Hill, Texas, even if amount tendered is less than the market value of the land specified in the judgment of foreclosure or the total amount of the judgments against the Property, (2) authorize the sale of Property by quitclaim deed, subject to post judgment tax years, the pro rata property taxes for the remaining part of the current year and to the previous owners right of redemption, if any, (3) authorize the Tax Assessor Collector to receive and disburse the proceeds in accordance with §34.06 ofthe Property Tax Code.

If the Commissioners Court is in agreement, a court order authorizing the matters above will be placed on the next regular agenda.

APPROVED BY:

/ ~rt . Blair, P.E., Director of Public Works

cc: Paul Hamilton, Assistant District Attorney, Civil Division

PAE:kar:SC

KJPropcli"y/Dtax/CcdarHilUBrfOt'fer,Ccdarvicv,.·ll j 3

40

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

QUITCLAIM DEED

THE STATE OF TEXAS §

COUNTY OF DALLAS § KNOW ALL PERSONS BY THESE PRESENTS:

THAT the County of Dallas, Texas, a political subdivision ofthe State of Texas, for itself, and as trustee for the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of Cedar Hill, a municipal corporation, and the Cedar Hill Independent School District, (hereinafter "Grantors,") for and in consideration of the sum ofTEN AND NOlI 00 DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, releases, quitclaims and surrenders to the below-named Gralltee such title or interest as Grantors may have acquired, if any, by virtne of the tax foreclosure proceedings whereby it became a purchaser of the tax title under a sheriffs sale, as shown by a Sheriffs Deed, recorded in Instrument Number 201200201236, of the Official Public Record of Dallas County, Texas, and by these presents and in accordance with Court Order No. 2013-__ , approved by the Dallas Connty Commissioners Court on February 5, 2013 and with the consent, approval and on behalf of all relevant taxing authorities, pursuant to Resolution No. R12-3 72, approved by the Cedar Hill City Council on November 13, 2012, and Cedar Hill Independent School District, Resolution approved December 10, 2012, does hereby release, quitclaim and surrender, subject to the terms, conditions, provisions, and restrictions herein set forth, unto DARREN MELTON, Grantee herein, all Grantors right, title and interest" if any, save and except any interest not acquired by said Sheriff's Deed; any and all easements, rights-of-way, and prescriptive rights, whether of record or not of record, including but not limited to those in favor of Grantors, all presently recorded instruments that affect the property, and subsequent taxes and assessments for prior years due to changes in land usage, ownership, or both, the payment of which Grantee assumes in and to the following described real property situated in Dallas County, Texas ("Property"), to wit:

Lot 27 of Cedarview Addition situated in City Block I in the City of Cedar HiIl, Dallas County, Texas as shown by deed recorded in Volume 84082, Page 2650 oHhe Deed Records of Dallas County, Texas, and more fully described in the deed and incorporated herein for all purposes, and more commonly addressed as 1113 Cedarview Drive, Cedar Hill, Dallas Connty, Texas.

This Quitclaim is made subject to and Grantee acknowledges the right of redemption as provided in Sections 34.05 and 34.21 ofthe Texas Property Tax Code.

IN ACCEPTING THE QUITCLAIM OF THE PROPERTY, GRANTEE EXPRESSLY ACCEPTS THE PROPERTY IN "AS IS" CONDITION, WITH ALL ITS FAULTS AND PENALTIES, IF ANY. GRANTEE RELEASES ALL CLAIMS AND CAUSES OF ACTION, AT LAW OR IN EQUITY, GRANTEE MAY HAVE AGAINST GRANTORS, THEIR OFFICERS, AGENTS, AND EMPLOYEES, IN CONNECTION WITH THIS TRANSACTION. FURTHER, GRANTEE RELEASES GRANTORS, THEIR OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION IN CONNECTION WITH THE BIDDING, TERMS, CONDITIONS, AND SALE OF THIS PROPERTY. THIS RELEASE IS BINDING ON GRANTEE'S SUCCESSORS, HEIRS, AND~SS NS.

GRANTEE IS NOT RELYING ON ANY R ENTATIONS OR D~IS. CURES BY GRANTORS IN CONNECTION WITH THE PURCHA~T PROPERTY. G EXPRESSLY ASSUMES RESPONSIBILITY FOR ANY ENVIR ENTAL, HAZARDOU ... R ULATED MATERIAL PROBLEMS ON OR WITH THE .:~J/ ND ANY PUBLIC~ ", .

i ,( .'''--''

41

NUISANCES OR HEALTH, SAFETY OR FIRE HAZARDS. GRANTEE ASSUMES TITLE HEREUNDER SUBJECT TO POST JUDGMENT TAXES, INCLUDING THE PRO RATA PROPERTY TAXES FOR THE REMAINING PART OF THE THEN CURRENT CALENDAR YEAR, ASSESSED FROM THE DATE OF EXECUTION OF THIS QUITCLAIM DEED.

ONLY THE AD VALOREM PROPERTY TAX LIENS FOR THE TAX YEARS IN THE FORECLOSURE PROCEEDING IN DALLAS COUNTY, ET AL VS. MAX G. WINFIELD. CAUSE NO. TX-1O-30877 IN THE 162ND JUDICIAL DISTRICT COURT, DALLAS COUNTY, TEXAS ARE DISCHARGED AND EXTINGUISHED BY VIRTUE OF THIS CONVEYANCE. GRANTEE IS RESPONSIBLE AND LIABLE FOR THE POST JUDGMENT TAX LIENS, WHICH ARE NOT DISCHARGED AND/OR EXTINGUISHED BY VIRTUE OF THIS CONVEYANCE TO GRANTEE.

TO HAVE AND TO HOLD, subject to the aforesaid, all of our right, title and interest, if any, in and to the above described property and premises, unto the said Grantee, his heirs, successors, and assigns forever, so that Grantors and all other relevant taxing authorities, their legal representatives, successors and assigns shall not have, claim or demand any right, title or interest to the aforesaid property, premises or appurtenances or any part thereof, subject to the exceptions and reservations herein stated.

EXECUTED this the day of February A.D., 2013.

*Approved as to Form:

DALLAS COUNTY CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON

CHIEF, CIVIL DIVISIO~){

By: ________ __

COUNTY OF DALLAS, TEXAS

By:

ACKJ"IOWLEDGMENT

THE STATE OF TEXAS §

COUNTY OF DALLAS §

This instrument was acknowledged before me on the day of February, 2013, by Clay Lewis Jenkins, County Judge for the County of Dallas, Texas, on behalf of the County of Dallas, Texas, a political subdivision of the State of Texas, and as trustee on behalf of the taxing units receiving tax title under the Sheriffs Deed, pursuant to Chapter 34 of the Texas Property Tax Code.

GRANTORS ADDRESS: RETURN TO: County of Dallas 411 Elm Street, 3rd Floor Dallas, Texas 75202

Notary Public, State of Texas My Commission Expires:

GRANTEES ADDRESS: Darren Melton 230 Creekwood Court Duncanville, Texas, 75116

Attn: Assistant Director, Public Works Property Division

KJPr!lpcnyldtax/CedllrHlll!QCD .. ,StandardCcdarvi0W J J 13

DALLAS COUNTY PUBLIC WORKS

January 16, 20 I3

MEMORANDUM

TO: Commissioners Court

42

FROM: Selas Camarillo, Assistant Director - Property Divis~

SUBJECT: Request to Consent to Sale of Tax Foreclosed Properties by Sealed Bid City of Grand Prairie, Trustee

BACKGROUND OF ISSUE

Pursuant to various tax lawsuits filed in the Judicial Courts of Dallas County, Texas, the City of Grand Prairie ("City"), Grand Prairie Independent School District ("District") and Dallas County, collectively the "Taxing Authorities", recovered Final Judgments on the parcels ofland described in attached Exhibit A. Because of litigation for delinquent ad valorem property taxes, said parcels of land were offered for sale by the Sheriff of Dallas County, Texas, at public auction and were struck off to the City, as Trustee for itself and for Dallas County and the District, pursuant to Section 34.010) of the Property Tax Code.

The City is requesting approval of Dallas County to resell said parcels, by sealed bid, to the highest qualified bidder, even ifthe bid received is less than either the aggregate amount of the judgments against the property or the market value of the property as stated in the Judgment offoreclosurc and to execute a quitclaim deed for such parcels ofland conveying the right, title, and interest acquired or held by Dallas County as a party to the judgment.

Dallas County and the taxing units involved desire to resell said parcels ofland in an expeditious manner pursuant to Section 34.05 Property Tax Code.

STRATEGIC PLAN COMPLIANCE

This request is consistent with Vision 5 (Dallas COlU1ty is a driver of economic development) of the County's Strategic Plan by returning these tax exempt properties to the tax roll for future development, and thereby increasing tax revenue.

IMPACT ON OPERATIONS AND MAINTENANCE

Sale of these parcels ofland will eliminate the continued maintenance and management efforts by City and County.

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

Commissioners Court J annary 16, 2013 Page 2

LEGAL INFORMATION

43

Pnrsuant to the Chapter 34 of the Property Tax Code, consent of each taxing unit entitled to receive proceeds of the sale under the judgment is required if: (1) the property is sold for an amount less than either the aggregate amount of the judgments against the property or the market value of the property as stated in the judgment of foreclosure [Section 34.05(i)], or (2) for an amount equal to or greater than its current market value as shown by the most recent celiified appraisal role, if the sum of the amounts ofthe judgment plus post­judgment taxes, penalties, and interest owing against the property exceeds tlle market value [Section 34.05(j)].

FINANCIAL IMPACT/CONSIDERATIONS

In accordance with the Tax Code, Sec. 34.06, Distribution of Proceeds of Resale, the purchasing taxing unit (City) shall first retain an amount from the proceeds to reimburse the taxing unit for reasonable costs, then pay all costs of the officer conducting the sale and the clerk of the court in connection with the suit and sale, then distribute the remainder of the proceeds, if any, to each taxing unit paJiicipating in the sale in an amount equal to the proportion each participant's taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

PERFORMANCE MEASURES IMPACT

No impact.

RECOMM.ENDA TION

The Director of Public Works recommends that: (I) the City of Grand Prairie, as Trustee, be authorized to advertise the attached parcels ofland for sale by public sealed bid, and Dallas County does hereby cousent to the sale of said parcels of land to the highest qualified bidder, even if the amount tendered is (J) less than the market value of the land specified in the judgment offoreclosnre or the total amount of the judgment against the property in compliance with Section 34.05(i) of the Texas Property Tax Code, or (2) for an amount equal to or greater than its current market value as shown by the most recent certified appraisal role, if the sum of the amount of the judgment plus post-judgment taxes, penalties, and interest owing against the property exceeds the market value in compliaJlce with Section 34.05(j) ofthe Texas Property Tax Code.

Ifthe Commissioners Court agrees, a Court Order authorizing the above matters will be placed on the next regular agenda.

APPROVED BY:

Alberta,. air, P.E. Director ofPnblic Works

f'(d." PAE.karISC 't''' K:PropertyldttaxConsentsOtherTaxing.!uris//BriefGP Tax Sale 1-2013

Attachment

CITY OF GRAND PRAIRIE TAX FORECLOSURE PROPERTIES

DCADTAX ADDRESS MAP IMPV. STIKEOFF SHERIFF'S DEED AREA JUDGMENT ACCOUNT AMOUNT RECORDED SF CAUSE NO.

28052501360020000 1805 BEAUMONT ST D51-K RES LOT $14,000.00 01103113 7,526 TX-08-30924 28212500100150000 1822 HOLLAND ST D51-K RES LOT $28,000.00 01103113 28,602 TX-09-30882 65146022520690000 1405 RANCH ROAD D71-F RES LOT $13,275.88 01103113 18,303 TX-08-31862 28015500006890000 717 MACARTHUR BLVD D4lB-W RES LOT $10,800.00 01103113 12,812 TX-11-30518 28212500080130000 2028 HOLLAND ST DS1-J RES LOT $14,000.00 01103113 7,336 TX-10-30771 28212500100130000 1830 HOLLAND ST D51-J RES LOT $13,359.l6 01103113 7,286 TX-09-30882 28052501400050000 2217 BEAUMONT ST DS1-J RES LOT $14,000.00 01103113 7,704 TX-IO-30798

~.a. DALLAS COUNTY PUBLIC WORKS

">l .;> <17'R; OF ,,~

January 29,2013

MEMORANDUM:

Commissioners Court

45

", "" "'( U'Jf V iJi\U,,'~l c,) " I

CCHlr1iS~il r~s COURT

13 JAN 23 PM 3: I '"

TO;

FROM:

~.

Alberta L. Blair, P,E" Director of Public wo~ __

SUBJECT: SAME DAY BRIEFING AND COURT ORDER RATIONALE EXPANDED SH 183 MANAGED LANES PROJECT

Staff determined that it would be in the best interest of Dallas County to approve the court order at the same time as briefing because on January 31, 2013, the Texas Transportation Commission will consider authorizing TxDOT to issue a request for qualifications for the Project and the appointment of one member and an alternate to represent Dallas County on the oversight committee for this project must be authorized in a timely manner.

bh

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

January 23,2013

DALLAS COUNTY PUBLIC WORKS

MEMORANDUM

TO: Commissioners Court

FROM: Alberta 1,. Blair, P.E. Director of Public Works

46

SUBJECT: SH 183 MANAGED LANES PROJECT (including all or part of SH 183 from SH 121 to IH 35E and any additional facilities necessary for connectivity and fi:nancing purposes in Dallas and Tarrant Counties) AMENDMENT TO COURT ORDER 2012-0585

BACKGROUND

According to Texas Transportation Code Section 228.013, proposed TxDOT toll projects in which a private entity has a financial interest in the project's performance require the ,formation of a committee (SB 1420 Committee) comprised of representatives from TxDOT, the local toll project entity for the area in which the project is located, the metropolitan planning organization, and each municipality or county that has either provided revenue or right-of-way as described in the statute and rules, or has submitted to TxDOT an order or resolution adopted by the city council or county commissioners court committing local funds or property to the project. Section 228.013 of the Transportation Code and the TxDOT rules implementing that section further provide that, for a project described therein, the distribution of financial risk, method of financing, and the tolling structure and methodology must be determined by the SB 1420 Committee for that project.

Pursuant to Court Order 2012-0585, dated April 3, 2012, Dallas County committed to the project development of SH 183. by appointing one member to represent Dallas County on the SB 1420 Committee. Alberta Blair, P.E, Director of Public Works, was named Dallas County's committee member, with Antoinette Bacchus, P.E., as alternate.

Due to the addition of a new member, Tarrant County, to the SB 1420 Committee, it has become necessary for Dallas County to recommit to providing funding and/or right-of-way for the Project by providing a copy of a certified resolution or other action by Dallas County evidencing that recommitment, and by appointing one member to represent Dallas County on the reconvened SB 1420 Committee.

Commissioners Court January 23,2013 PagcTwo

47

On January 31, 2013, the Texas Transportation Commission will consider authorizing the Texas Department of Transportation (TxDOT) to issue a request for qualifications to develop, design, construct, and potentially, finance, maintain, and operate the SHl83 Project, which now extends into Tarrant County.

By execution of the Amended Court Order, Dallas County is affirming its recommitment to provide funding andlor right-of-way for the SH 183 Managed Lanes Project, and will authorize the appointment of Alberta Blair to represent Dallas County on the SB 1420 Committee.

As a member of the Committee, Ms. Blair, or her duly authorized alternate, will be authorized to participate in meetings, assist with preparation of reports, vote as a member of the Committee, and take such other and further actions as deemed appropriate in connection with the SB 1420 Committee function on behalf of Dallas County.

IMPACT ON SCHEDULE AND OPERATIONS

Assuming the Commission authorizes TxDOT to issue a Request for Qualifications (RFQ), the SB 1420 Committee will be formed and meeting dates and meeting agendas will be set, the first meeting tentatively set for early February, 2013. TxDOT hopes to issue an RFQ by late February.

STRATEGIC PLAN COMPLIANCE

Dallas County partners with the many cities in Dallas County to implement transportation projects, which is consistent with Vision 1: Dallas County is a model iuterageucy partner.

RECOMMENDATION

It is recommended that the County Judge be authorized to execute the attached Amended Court Order 2012-0585 to affirm its recommitment to provide funding and/or right-of-way for the SH 183 Managed Lanes Project, and authorize the appointment of Alberta Blair to represent Dallas County on the SB 1420 Committee. lfthe Commissioners Court is in agreement, a court order will be placed on today's fonnal agenda authorizing the execution of this agreement.

Approved by:

~ /0 •

;:AI'\;e:J3iaiJJE. /Oirector of Public Works

Attachments (Amended Court Order)

48

Texas Department of Transportation DEWITT C, GREER STATE HIGHWAY BLDG" 125 E. 11TH STREET· AUSTIN, TEXAS 78701-2483. (512) 463-8585

The Honorable Clay Lewis Jenkins Dallas County Judge 411 Elm Street Dallas, Texas 75202-3301

January 17, 2013

RE: Expanded SH 183 Managed Lanes Project SB 1420 Committee

Dear Judge Jenkins:

As you are likely aware, the Texas Department of Transportation (TxDOT) is engaged in project development activities associated with the planning and development of an expanded SH 183 Managed Lanes Project in Dallas and Tarrant Counties fhat will include Section 2E of the North Tarrant Express (Project),

On January 31,2013, the Texas Transportation Commission (Commission) will consider authorizing TxDOT to issue a request for qualifications to develop, design, construct, and potentially, finance, maintain, and operate the Project

If the private developer will have a financial interest in the Project's performance (including where the Project is planned for development under a concession agreement), Section 228,013 of the Transportation Code and TxDOT's rules implementing that section require a committee comprised of representatives from TxDOT, the North Central Texas Council of Governments (NCTCOG), the NTTA, and from each city or county that provides or commits to providing funding or right-of-way for the Project to be formed to make certain determinations required by Section 228,013,

The committee must issue a report containing the committee's determinations concerning the distribution of the Project's financial risk, the method of financing for the Project, and, unless the Project is subject to a regional tolling policy, the Project's tolling structure and methodology, The committee's determinations will have the effect of determining whether the procurement will move forward with a concession delivery model.

The purpose of this letter is to verify whether Dallas County has comrnitted or intends to commit to provide funding and/or right-of-way for the Project. If so, please provide a copy of a certified resolution or other action by Dallas County evidencing that commitment, which may be subject to and contingent upon the Commission authorizing TxDOT to issue an RFQ for the Project If you've affirmed your commitrnent, we also

OUH GOAL"S MAINTAIN A SAFE SYSTEM· ADDRESS CONGESTION· CONNECT TEXAS COMMUNITIES. BEST IN CLASS STATE AGENCY

An Equal Opportunity Employer

®

49

Judge Jenkins - 2 - January 17, 2013

request that you appoint one member to represent for Dallas County on the committee and that you provide a copy of the resolution or other action making or authorizing the appointment. Please note that a resolution or other action making or authorizing the appointment of a member to the previous SH 183 Managed Lanes Project, for which the procurement was cancelled, may not be applicable to the SB 1420 Committee for the expanded Project,

Since the committee's report will essentially determine the delivery method for the Project, the report should be issued as soon as practicable, Assuming the Commission authorizes TxDOT to issue an RFQ, the committee will be formed and meeting dates and meeting agendas will be set. We intend to schedule the first meeting at the earliest possible date in February 2013, It is our desire to issue a Request for Qualifications by late February, To facilitate this process, committee members should be appointed as soon as practicable, This would allow the committee to approve the required determinations and issue a report in advance of the RFQ, Committee meetings will be open to the public, and TxDOT's rules require notices of meetings to be submitted to Office of the Secretary of State at least eight days prior to the date of the meeting, Currently, it is desired to issue the Request for Qualifications (RFQ) for the Project after the determinations are made,

TxDOT looks forward to working with Dallas County and the other stakeholders in the successful development, construction, and operation of the Project.

If you have any questions or require additional information, please feel free to contact me at (512) 305-9516, Should your staff have questions, they may contact William L, Hale, TxDOT's Dallas District Engineer, at (214) 320-6610,

cc: William L. Hale, P,E" Dallas District Engineer, TxDOT Maribel p, Chavez, P,E" Fort Worth District Engineer, TxDOT Edward p, Pensock Jr" P,E" Director, StrategiC Projects Division, TxDOT Alberta Blair, PE, Director of Public Works, Dallas County

50 DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

January 23, 2013

TO: Commissioners Court Ii;;

THROUGH: R~~nBrown, Budget Officer

FROM: Office of Budget and Evaluation Staff

SUBJECT: ConferencerrravellTraining Requests

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

Elected Officials/Depal·tments notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Court anproval under State Statues

None submitted

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

COUNTY CLERK - requests approval for John Warren, Edward Bailey, and Richard Ballard to attend the 2013 National Association of Counties Legislative Conference in Washington, D.C. from March 2 - 6, 2013. The total estimated cost to attend is $6,987 ($1,020 - airfare, $3,147 -hotel, $750 .. food, $300 - ground transportation, $1,470 - registration, and $300 - baggage fees). The funding is available in Records Management Fund.

TAX OFFICE - requests approval for John Ames, Corey Worsham, and Norman Kasal to attend the T ACA Legislative Meeting on February 4, 2013 in Austin, Texas. The total cost to attend is $651 ($308 - hotel, $226 - mileage, $12 -parking, and $105 - food). Funding is available in SIT Fund.

411 Elm Street - 3rd Floor, Dallas Texas 75202·3340 (214) 653-6363. Fax (214) 653-6517. rlwatkins(aldallascounty.cu:g

51 JUVENILE - requests approval for Kima Letcher to attend the Business Writing for Results Training on March 6, 2013 in Dallas, Texas. The total estimated cost to attend is $214 (registration). Funding is available within budget (laboratory supplies).

VETERANS SERVICES - requests approval for Tracy Little, James Henderson, and Yolanda Williams to attend the Texas Veterans Commission from February 10 - 13, 2013 in Austin, Texas. Total cost to attend is $1,794 ($420 - meals, $224 - mileage, $32 - parking, and $1,118 - hotel). Funding is required from Unallocated Reserves.

Notifying Commissioners Court of Conference/Travel/Training funds used by Grant Programs

JUVENILE requests approval for the following:

a) Bobbie Esparza to attend the Texas Association of Drug Court Professionals - 2013 Annnal Drug Court Training Conference in Hanston, Texas February 20 - 22, 2013, The total estimated cost to attend is $897 ($267 - round-trip mileage, $255 - hotel, $108·· food, $210 - registration fee, and $57 - parking). Funding is available in the Juvenile Department's State Aid Grant (466.70]2.2460.2013).

b) Billy Williams to conduct a Site Review at the Pegasus Schools at Camp Comanche in Lockhart, Texas on Monday, December 17 -19,2012. The total estimated cost is $158 ($86 - hotel and $72 - food). Funding is available in the Dallas County Juvenile Department's State Aid (466.7108.4010.2013).

c) Billy Williams to conduct a Site Review at the Gulf Coast Trade Center New Waverly, Texas on January 28-29, 2013. The total estimated cost is $162 ($90 - hotel and $72-food). Funding is available in the Dallas County Juvenile Department's State Aid (466.7108.4010.2013).

d) Michael Gillard, Sterling Norris, and Julio Valencia from the Dallas County Juvenile Department Academy for Academic Excellence and Dennis Winston from the Dallas County Juvenile Department Juvenile Justice Alternative Education Program to attend the Texas Association for Alternative Education Conference (T AAE) in Austin, Texas from February 6- 8, 2013. The total estimated cost for staff to attend this conference is $1,979.

• Miehael Gillard, Sterling Norris, and Julio Valencia estimated cost is $1,293 ($294 - hotel, $324- meals, and $675 - registration). The funding for Michael Gillard, Sterling Norris, and Julio Valencia is available in the Dallas County Juvenile Department Academy for Academic Excellence General Fund (468.2460.2013.7500).

• Dennis Winston estimated cost is $686 ($98 - hotel, $108 - meals, $225 -registration, and $255 - car rental/gas). The funding for Dennis Winston is available in the Dallas County Juvenile Department's Juvenile Justice Alternative Education Program (nAEP) Grant (466.2460.2013.7201).

e) Regina Hillmon, Whitney Coleman and Lisa Ellison from the Dallas County Juvenile Department to conduct Site Reviews at the Seton Home, Lutheran-New Life, The Burke Foundation and Phoenix House-Austin, Texas. The Site Reviews will be conducted in

Briefing Date ··January 29,2013

52 San Antonio, Texas; Lutheran-New Life located, Canyon Lake, Texas; The Burke Foundation located Driftwood, Texas and Phoenix House-Austin, Texas, Austin, Texas from February 26 - 28, 2013. The total estimated cost is $929 ($207 - hotel, $324 - food, $225 - gasoline, and $173 - car rental). Funding is available in the Dallas County Juvenile Department's State Aid (466.7108.4010.2013).

t) Virginia L. Ward from the Dallas County Juvenile Department to conduct Site Reviews at the Embracing Destiny Foundation, Unity Children's Home and Lutheran Social Services of The South, Inc.,-Krause Children's Residential Treatment Center and Unity Children's Home in Spring, Texas, and Lutheran Social Services of The South, Inc.,-Krause Children's Residential Treatment Center in Katy, Texas from January 29 - February 1, 2013. The total estimated cost is $824 ($200 - car rental, $330 - hotel, $144 - food, and $150 - gas for rental car). Funding is available in the Dallas County Juvenile Department's State Aid (466.7108.4010.2013).

g) Daniel R. Neustifter to conduct a site review at Everyday Life in Bryan, Texas on January 29,2013. The total estimated cost is $76 ($20 - food and $56 - gasoline). Funding is available in the Dallas County Juvenile Department's State Aid (466.71 08.401 0.201 3).

h) Daniel R. Neustifter from the Dallas County Juvenile Department to conduct a site review at Southwest Key in Harlingen, Texas on February 21, 2013. The total estimated cost is $216 ($181- Southwest Airlines, $20 - food, and $15 - parking). Funding is available in the Dallas County Juvenile Department's State Aid (466.7108.4010.2013).

INSTITUTE OF FORENSICS - requests approval for Kenneth Balagot to attend Outdoor Recovery Workshop at University of Tennessee Forensic Anthropology Center for training on collection and documentation of skeletal material from outdoor death/crime scenes in Knoxville, Tennessee from June 6-8, 2013. The total cost to attend is $2,560 ($500 - airfare, $300 - hotel, $350 - food, $200 - taxi, $210 - baggage fees and parking at airport, and $1,000 - registration). Funding is available in the 466.0.4210.3000.2009.

HEALTH AND HUMAN SERVICES - requests approval for the following:

a) Felecia Barnett, Tammye Berry, Consuelo Cortes, Twana Ellis, Marisa Gonzales, Lazonda Harvey, Alma Perez, and LaShonda Worthy to provide intervention specialist activities for Regions 2/3 from September 1, 2012 - August 31,2013. The total estimated cost is $15,000 ($2,400 - transportation, $10,000 - mileage reimbursement, $1,000 -- hotel, $700 - food, $200 - ground transportation, and $700 - gas and parking fees). Funding is available in grant #8706 - VD Epidemiology.

b) Emily Gore to attend the 2013 Texas Emergency Management Conference from Ma[ch 25 - 28, 2013 in San Antonio, Texas. The total estimated cost to attend is $750 ($372 -hotel, $198 - food, $30 - hotel parking, $150 - registration, and $313 - mileage reimbursement). Funding is available in HHS PHP #8725.

Briefing Date -January 29, 2013

53

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

] anllary 29, 2013

To: Commissioners Court

Through:

/,"1 Ryan(t;.own -Budget Officer

From: Aaron Q. Hawley Budget and Policy Analyst

Subject: Public Defender Staffing Modifications for Criminal District Court #5

BACKGROUND Criminal District Court #5 Judge Thompson is requesting a modification to the authorized Public Defender staffing in his court. The purpose of this briefing is to present the modification and provide the Commissioners Court with a recommendation concerning the request.

OPERATIONAL IMPACT Criminal District Court #5 Judge Thompson is requesting the addition of a Public Defender IV to be assigned to Criminal District Court #5. This will be Judge Thompson's seeond Public Defender. Judge Thompson has committed to assigning 30 to 35 new cases a month to each attorney. For FY2009 the Public Defender average cost per case was $269, while the average cost per case for Court Appointed Attorneys were $334. Assuming Judge Thompson assigns 35 cases per month to the new Public Defender, adding this Public Defender will save $27,300 annually.

FINANCIAL IMPACT Authorizing a Public Defender Attorney IV for Criminal District Court #5 should result in an annual savings of $27,300.

Funds will be transferred from Court Appointed Attorney line items in the courts to salary and benefits line items in the Public Defenders Office to make the necessary adjustments.

RECOMMENDATION The Office of Budget and Evaluation recommends the Public Defender staffing modification authorizing the addition of a Public Defender Attorney IV for Criminal District Court #5. It is further recommended that the Human Resources/Civil Service Department present the position to the Civil Service Commission for creation and final classification.

411 Elm Street - 3'" Floor, Dallas, Texas 75202·3340 (214) 653·6387' Fax (214) 653·6517. aaron.hawlcy@dailascounty.org

54

January 29, 2013

MISCELLANEOUS

1) HEALTH & HUMAN SERVICES - requests approval for discretionary County match funds in the amount of $160,000, for the Comprehensive Energy Assistance Program (Grant 08301), to address the program funding deficit as describe herein.

(Please Refer to Information Item No. Sa)

2) ENGINEERING & PROJECT MANAGEMENT - requests approval to provide security enhancements for the Public Defender's Office at Henry Wade Juvenile Justice Center by installing a window, electric door release with keyed entry, push button release, remote release from staff, and the relocation of a phone line. This will give the Public Defender's Office better screening ability and enhanced security. The project is estimated to cost $2,175 and will be funded out of Permanent Improvement Funds, Unallocated Reserves. Recommended by the Office of Budget and Evaluation.

3) FACILITIES MANAGEMENT - requests approval to authorize a request from the Coalition of Political Assassinations (COP A) to conduct their annual meeting at the George Allen Courts Building (GACB) in the Central Jury Room, first floor. COP A has been conducting their annual meetings at the GACB for the last five years and have requested November 22, 23, and 24, 2013. The District Courts Administration concurs and the request does no present any conflict. Recommended by the Office of Budget and Evaluation.

4) FIRE MARSHAL - requests approval to retain five interns through an internship program from the Dallas County Community College District EI Centro Campus, Bill Priest Institute for Economic Development focusing on Fire Protection and Safety Technology from January 25, 2013 until May 17, 2013. The internship program will deal with the discussion and performance of in-depth study of fire operations and inspection procedures. There will be no cost to the County during this internship program. The five students participating in the internship program are Angela Davis, Edwin Flores, Deric Lair, Cameron Reed, and Corey Wilson. Recommended by the Office of Budget and Evaluation.

5) DISTRICT CLERK - requests to renovate sections of the District Clerk's Office space at Frank Crowley. The following District Clerk sections will undergo renovations: Administrative Office Suite, Criminal Processing, Collections, and Records. Space will also be renovated and expanded to create office space for the Public Defender Capital Muroer Division. The total estimated cost of the project is $501,246. The flmding source for this project: $50,000 - Records Management Archive Fund (94080), $415,246 - Court Records Technology Fund (94083), and remaining $36,000 - Unallocated Reserves. Recommended by the Office of Budget and Evaluation.

01129/13

55

6) PUBLIC DEFENDER'S OFFICE - requests approval for a full-time temporary Case Manager position while the Lead Case Manager is out on FMLA. There is no additional cost for this position, as the current case manager is on leave without pay status. Recommended by the Office of Budget and Evaluation.

7) JUVENILE - requests approval for reimbursement from DDA for cost associated with the dedication of the Dr. Jerome McNeil, Jr., Detention Center. The total reimbursement requests is for $1,074 which include: $400 - for Just for Love Event Catering Service for the food and decor; and $674 for a photo and canvas wrap ($455 - Photos by Wallace Faggett 48x36 canvas wrap and $219 - 36 x 48 photo by R.W. Chang & Co.) of Dr. Jerome McNeil that will be displayed at the Dr. Jerome McNeil, Jr., Detention Center. Dr. Smith requests a total reimbursement of $874 ($674 for the photo and canvas wrap and $200 for the catering). Charlotte Edney requests reimbursement for $200 for the catering. Funding is available in the department's DDA. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

Auditors - M1301020 - requests one single line phone instrument 4th floor room 407 new employee office. Equipment $55.00; Installation $0.00; Recurring Cost $0.00 -Recommeuded

District Clerk - M1301021 - requests four multiline phone instruments 2nd floor rooms C2-6 and C2-4A, 1st floor Magistrates Court and 5th floor AUX Court 9 Supervisors Offices. Equipment $220.00; Installation $0.00; Recurring Cost $0.00 - Recommeuded -Fund 120.4020.2160

Health & Human Services - M1301019 - requests one multiline phone instrument 5th floor room 509 Supervisors Office. Equipment $55.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Justice of the Peace 1-2 - M1301018 - requests one multiline phone instrument 1st floor Judges Court room. Equipment $55.00; Installation $0.00; Recurring Cost $0.00 -Recommended

Justice of the Peace 4-2 - D1301008 - requests two data cables for Chase Point of Sale Credit Card Machine 1st floor Cashiers Office. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 - Recommeuded

Security - D1301009 - requests two data cables for new Video Surveillance Operations Manager (VSOM) system at George Allen bldg. 7th floor Suite 750. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 - Recommended

01129113

56

• 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.

01129/13

Department 633 Infonnation Technology 634 Tnfonnation Technology 635 Publlc Service Program 636 Public Service Program

637 Building Security 638 Road and Bridge #4

639 Health & Human Services

640 Health & Human Services

641 Health & Human Services

642 Health & Human Services

643 Health & Human Services

644 Health & Human Services

645 Tax Court

646 256th District Court

647 330th District COllrt

648 Tax Office

649 ADR 650 Planning and Development

Miscellaneous Eguipment/TelecommunicationslDues/Computer Hardware and Software/Supplies over $50 January 29, 2013

Actual invoiced amounts may deviate by up to $20 from the amounts listed without additional Commissioners Court Authorization

Qty Unit Total R=Rcpl. F~ndin1;;; EXl!ense Code Recom. Item Descrietion Cost Cost N--New Justification

New Program Contingency 105.2510.2093 2 Dell e6520 Laptop 1,681 3,36:> R Needed to replace old equipment for RBI New Program Contingency 105.2510.2093 Del! 3010 Desktop PC 675 3,375 R Needed to replace old equipmen! for RBI

Unallocated Reserves 120.3330.2730 Fluke Meter 247 247 R Needed as old meter was damaged in FeeB flood Unallocated Reserves 120.3330.2730 Essential Tools j Power Tools 12,659 12,659 N Needed for construction crew to continue work

Unallocated Reserves 120.3340.2510 Practice I Duty Ammunition 2,372 2,372 R Needed to resupply ammo for Building Security staff New Program Contingency 105.2540.2230 SDBD - RCD Awards Table 1,000 1,000 N Needed for awards luncheon

IB-State African American 466.2090.2013. 870 1 Digital Professional Scale 505 505 R Needed to replace broken scale

Project Grant Strengthening Public Health

466.2810.2013.8903 Reimbursement for Lunch Expenses for CDC

103 103 N Nl-'eded for group meeting for Quality Improvement (CDC

Infrastructure Grant Group Meeting NPHII Grant)

Within Budget - Preventive 120.5213.2095 Annual License for PC-ACE Pro32 Software 750 750 R

Required software for Medicaid/T\1edicare and third party

Health billing

HIV Prevention Grant 466.2810.2013.8704 Pre-Pay The Covenant Catering Service, Task Force

150 150 N Needed for monthly stakeholders meeting lvleeting at Center for Community Cooperation

LIt-IEAP Weatherization 466.8410.1012.8302 Articulating Keyboard Tray (Item#HHKB84000) 190 190 N Needed for newly hired accountant's office

Assistance Program Grunt

LIHEAP Weatherization 466.8410.2012.8302 Center Drawer (Item # HI522.NN)

Assistance Program Grant 75 75 N Needed iur newly hired accountant's office

Records l'vfanagement 120.1024.2090 Low Volume Fax Machine 387 387 R Needed to replace a broken fax, recommended by Records Management

Records Management 120 1024.2090 Low Volume Fax Machine 387 387 R Needed to replace a broken fax, recommended by Records Management

Reserves and Contingency -120.4240.2950 Subscription. Texas Lawyer 156 156 N

Nceded for subscription not included in books & Fuminlre and Equipment subscription budget fOf FY2013

Within Budget - Reimburse General Ftllld Tax Assessor 120.1035.2090 4 243 972 N Needed to provide additional storage for files

Runner Pennit Fund 4-Drawer Legal File Cabinets Within Budget- Supplies 162.4054.2160 2013 Conflict Resolution Network Membership 40 40 N Annual Membership Dues for ADR Coordinator

Unallocated Reserves l20.1020.2095 Adobe Pro 265 265 N NecdeJ for the Administrative Assistant'S computer

en ~