1 dallas county commissioners court briefing agenda · dallas county commissioners court briefing...

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1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA May 7,2013 REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS. 1. Parkland Health & Hospital System ....................................................... Presentation 2. HEALTH & HUMAN SERVICES a) West Nile Virus Update ..................................................................... Presentation b) FY 2013-2014 State of Texas HIV Health and Social Services and Ryan White Part B Grant Application ...................................................... .. 4-38 (COURT ORDER ON FORMAL AGENDA) c) FY 2013 Department of State Health Services Housing Opportunities for Persons with AIDS Grant ........................................... 39-42 (COURT ORDER ON FORMAL AGENDA) d) Texas Commission on Environmental Quality (TCEQ) - Texas Pollutant Discharge Elimination System (TPDES) Pesticides General Permit ............................................................................................ 43-94 3. INFORMATION TECHNOLOGY Senior Programmer - Lilax, Inc. Personal Services Contract for Anitha Atluri ................................................................................................ 95-96 4. TUVENILE TechShare.Juvenile Memorandum of Understanding ....................................... 97-110 5/7/2013

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Page 1: 1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA · DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA ... In order to ensure timely submission of the ... This document will be

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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

May 7,2013

REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS.

1. Parkland Health & Hospital System ....................................................... Presentation

2. HEALTH & HUMAN SERVICES

a) West Nile Virus Update ..................................................................... Presentation

b) FY 2013-2014 State of Texas HIV Health and Social Services and Ryan White Part B Grant Application ...................................................... ..4-38

(COURT ORDER ON FORMAL AGENDA)

c) FY 2013 Department of State Health Services Housing Opportunities for Persons with AIDS Grant ........................................... 39-42

(COURT ORDER ON FORMAL AGENDA)

d) Texas Commission on Environmental Quality (TCEQ) - Texas Pollutant Discharge Elimination System (TPDES) Pesticides General Permit ............................................................................................ 43-94

3. INFORMATION TECHNOLOGY

Senior Programmer - Lilax, Inc. Personal Services Contract for Anitha Atluri ................................................................................................ 95-96

4. TUVENILE

TechShare.Juvenile Memorandum of Understanding ....................................... 97-110

5/7/2013

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5. PUBLIC WORKS

a) F.P. Lucas Boulevard MCIP Project 21904 (McKenzie Drive to Cartwright Road) Amendment to No.2 to the Consultant Contract for Primary Design Engineering ................................................................. 111-127

b) Contract for Indefinite Delivery, Indefinite Quality for Consultant Engineering Services - CDM Smith, Inc. (Formerly Doing Business as Wilbur Smith & Associates) ............... 128-130

c) Resale of Tax Foreclosed Property at 11018 Grady Lane Balch Springs, Texas - Via Private Sale ............................................... 131-133

6. HOMELAND SECURITY & EMERGENCY MANAGEMENT

Approval to Use FY2011 and FY2012 Homeland Security Grant Fund for New Facility Located at 2121 Panoramic Circle, Dallas, Texas ............. 134-137

7. COMMUNICATIONS AND CENTRAL SERVICES

Mobile & Paging Device Policy Update ............................................................. 138-141

8. PLANNING & DEVELOPMENT

a) Foreign Trade Zone Designation for BMW of North America .............. 142-147

b) Reallocation of Trail Funds for Alternative Trail Project in Mesquite ................................................................................................... Insert

9. BUDGET

a) Conference/Travel/Training Requests ..................................................... 148-152

b) Justice of the Peace 2-2 DDA Management Initiative ............................. 153-154

c) National Institute of Justice 2013 DNA Backlog Reduction Program Formula Grant: DNA Backlog Reduction and Enhancement of DNA Analysis Services ............................................................................ 155-161

(COURT ORDER ON FORMAL AGENDA)

51712013

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10. INFORMA nON ....................................................................................................... N I A • Jail Population Report • Office of Budget & Evaluation-Reserve Balance Report-May 1, 2013 • County Auditor-Dallas County Special and Escrowed Funds • Purchasing:

Annual Contract Extensions: • Bid No. 2011-065-5544, Annual Contract for Enterprise

Wide Preventive Maintenance Agreement and Service Repair for Scanners

• Health & Human Services-HHS Updates

11. Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 162-168

12. PUBLIC COMMENTS

Speakers ...................................................................................................................... N I A

DATES TO REMEMBER

.£. ~~'ti'""'" P"-~...... ,0.

Jf.'<.>:[(E.;:MtORJI:.A.L ~ .. J&. D.AY '-.i~..,..... .. , .~~~~~

Memorial Day, Observed - Monday, May 27, 2013

Parkland Budget Hearings (11:00 a.m.): June 11,2013 July 2, 2013

August 6, 2013 September 3, 2013

No Commissioners Court Meetings: July 16, 2013 July 23, 2013 July 30, 2013

5/7/2013

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~1Y 0

B"" $0" Dallas County , ~

~ : Health and Human Services '>:, +~ Grants Management

'FE or 't~

Zachary Thompson Director

4

TO:

FROM:

COMMISSIONERS COUR~.If"'/~

ZACHARY THOMPSON ~

DATE: MAY 7, 2013

SUBJECT: JUSTIFICATION FOR SAME DAY BRIEFING AND COURT ORDER

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The FY 2013-2014 State Services and RW Part B application is due back to the Department of State Health Services by May 8, 2013. In order to ensure timely submission of the application, it is requested that both the briefing and court order of this subject be allowed during the May 7, 2013 Court session.

Attachments c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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2377 N. Stemmons Freeway Dallas, Texas 75207-2710

Suite 200, LB-16 Office (214) 819-1849 FAX (214) 819-6023

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Zachary Thompson Director

Dallas County Health and Human Services Grants Management

TO: COMMISSIONERS COURT

5

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: MAY 7, 2013

SUBJECT: FY 2013-2014 STATE OF TEXAS HIV HEALTH AND SOCIAL SERVICES AND RYAN WHITE PART B GRANT APPLICATION

Court Order on Formal Agenda

Background of Issue The Dallas County Judge is the grantee and legal recipient of State of Texas HIV Health and Social Services (State Services) and the Ryan White Part B grant funds. Dallas County Health and Human Services (DCHIIS) is designated to serve as the Administrative Agency for State Services and Ryan White Part B funds for the Dallas and Sherman-Denison Health Services Delivery Areas (HSDA), which is comprised of Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hunt, Kaufman, Navarro, and Rockwall counties. In accordance with the provisions of the Department of State Health Services (DSHS), the Administrative Agency is responsible for completing the State Services and Ryan White Part B grant application, and submitting it to the DSHS. The renewal application is for grant funds in the amount of$5,018,439, for the term September 1,2013 through August 31, 2014.

Fiscal Impact There is no fiscal impact on Dallas County.

Operational Impact The Administrative Agency will be responsible for administering all funds received under the FY 2013-2014 State Services and Ryan White Part B grants.

Legal Impact The Commissioners Court must approve the submission of the FY 2013-2014 State Services and Ryan White Part B Renewal Application as attached.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan White Treatment Modernization Act Part B grant. The FY 2013-2014 State Services and Ryan White Part B grants directly supports a regional indigent medical and mental healthcare network for those impacted by HIV / AIDS.

2377 North Stemmons Freeway Dallas, Texas 75207-2710

Suite 200. LB-J 6 Office 2 J 4-819- J 849 FAX 2 J 4-819-6023

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Recommendation It is recommended that the Commissioners Court approve the submission of the FY 2013-2014 State Services and Ryan White Part B grant renewal application, in the amount of$5,018,439, as reflected in the attachment.

RECOMMENDED BY: ----,""""""" .. -=r-~==;;====-----

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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TO:

FROM:

DATE:

SUBJECT:

7

TEXAS Department of State Health Services

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

Char Brooks, Contract Manager Contract Management Unit Division of Prevention and Preparedness

April 11, 2013

Administrative Agency, State Services and Ryan White Services Delivery (AA/SSIRWSD) Renewal Reqnest for Fiscal Year 2014 (09/01113 - 0813112014)

Enclosed are the documents required for your agency's Administrative Agency, State Service and Ryan White Service Delivery (AA, SS and RWSD) contract renewal with the Department of State Health Services (DSHS) for the period September 1, 2013 through August 31, 2014. We are combining these separate contracts into one contract for the new funding year; accordingly, you are required to complete only ONE renewal packet.

This document will be posted on the HIV ISTD Program's website at: http;llwww.dshs.state.tx.us/hivstd/funding/default.shtm. Instructions for completing the forms are included below. If you have questions, please contact Charlotte Brooks at (512) 776-6539.

Please note the following requirements for Fiscal Year 2014 Contract Renewal:

Complete F0D11S A through E Prepare 12 month budget(s) for this contract renewal period (09/01113 - 8/31/2014). (budget forms are attached.) The AA, SS and RW Service Delivery allocations are located in Table A of this document. Complete Budget Templates: 1 for AA, I for State Services, and 1 for RWSD, 3 completed budget templates. Complete all tabs, as appropriate. A revised Voucher Support Form (VSF) will be provided prior to your September 1 contract term. Reminder - Contractors shall not exceed the allocated amount for the administrative costs during this contract teIm. Table 1 is due with your application. Note: A separate Table 1 is required for RW and SS. Please use the program codes RW or SS (in the drop-down menu) to differentiate the forms. Table 2: Subcontractor Data Sheets submitted through ARIES by September 30, 2013

Note: Form B is revised to include an Emergency Contact, please make sure this information is provided.

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INSTRUCTIONS FOR SUBMISSION

Submit all forms in their original Word or Excel formats. Do not combine them into a PDF format. This is necessary in order to upload documents to the new contract management system.

Please submit one (1) electronic copy of the required contract renewal forms to the email address listed below and one (1) electronic copy to your Public Health Regional HIV/STD Program Manager on or before 5:00 pm Wednesday * April 25, 2013. Because of the new contract management system, it is very important we receive your packet by the deadlin"e, to avoid any unnecessary delays in executing your new contract.

*Note: You bave until May 9, 2013 to submit your work plan ONLY.

Hiv [email protected] Contract Management Unit

Texas Department of State Health Services

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

2

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TEXAS Department of State Health Services

FY 2014 (09/01/2013 - 08/31-2014)

Renewal Application Packet For Administrative Agency,

State Services and Ryan White Services Delivery

(AA/SS/RWSD) http://www.dshs.state.tx.us/hivstd/funding/default.shtm

Issue Date: April 10, 2013 Due Date: April 24, 2013

Contract Management Unit Department of State Health Services

1100 W. 49th Street Austin, Texas 78756-3199

David L. Lakey, M.D. Commissioner

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ADM INISTRATIVE AGENCY

----- ----~-

Lubboc Regional MHMR

';ounty Public Health Tarrant Departm ent

-----~.----

Dallas C Service

)unty Health and Human Dept

Houston Adminis

'EastTexas HIV rative Service Area (HASA)

Brazos Govern

--~--.. Valley Council of nents

Bexar C ounty

South T exas Development Council

-TOTAL

----~.~~.-----.-----------.. *Amounts are subject to change.

.> •.... TABLEA.. .. .. . •••.•••.....•••...•. .. . ..

I .AN.SS1RWSD/2013-2014 FUNDINGALLQ:GATIONS* (For FY14 Contract Renewals 09/01/2013 - 08/31/2014) ..

HSDA'S SERVED ADMINISTRATIVE STATE SERVICES RWSERVICE TOTAL CONTRACT AMOUNT AMOUNT AMOUNT DELIVERY AMOUNT

-----Lubbock $499,500 Lubbock $100,017 Lubbock $319,966 $2,987,728 Amarillo Amarillo $86,450 Amarillo $307,813 Permian Permian $101,508 Permian $328,788 EI Paso EI Paso $249,403 EI Paso $994,283

Total: $537,378 Total: $1,950,850 -Abilene $216,000 Abilene $81,658 Abilene $263,338 $2,147,999 Fort Worth Fort Worth $484,924 Fort Worth $845,131 Wichita Falls Wichita Falls Wichita Falls

$67,186 $189,762 Total: $633,768 Total: $1,298,231

---~-------

Dallas $494,000 Dallas $1,510,296 Dallas $2,758,252 $5,018,439 Sherman-Denison Sherman-Denison Sherman-Denison

$66,091 $189,800

.~-.

Total: $1,576,387 T otal: $2,948,~_~ !--.---Beaumont·Port $650,000 Beaumont·Port Arthur Beaumont-Port Arthur $8,978,546 Arthur $153,566 $567,349 Lufkin Lufkin $112,939 Lufkin $382,557 Houston Houston $2,019,119 Houston $3,108,499 Galveston Galveston $134,575 Galveston $579,208 Tyler Tyler $174,933 Tyler $695,790 Texarkana Texarkana Texarkana $303,141 o

$96,870 Total: $5,636,544 Total: $2,692,002 -

Austin $426,000 Austin $515,472 Austin $1,063,132 $3,444,898 Concho Concho $64,223 Concho $170,670 Temple Temple $86,928 Temple $320,449 Waco Waco $96,977 Waco $328,264 College Station College Station College Station

$83,428 $289,355 Total: $847,028 Total:$2,171,870 .- --_ .•. _ .....

Uvalde $255,000 Uvalde $102,489 Uvalde $266,258 $2,450,304 Victoria Victoria $74,452 Victoria $206,632 San Antonio San Antonio San Antonio

$569,389 $976,084 Total: $746,330. Total: $1,448,974

Laredo $274,000 Laredo $132,444 Laredo $398,233 $2,731,054 Brownsville Brownsville $262,596 Brownsville Corpus Corpus Christi $1,004,581

. $154,588 Corpus Christi Total: $549,628 $504,612

Total: $1,907,426 $2,814,500 $7,582,521 $17,361,947 $27,758,968

.-.-.-.~------ ---_ •...• _.- --_._._._--

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TABLE OF CONTENTS

ORGANIZATION AND CONTENT

FORM A: FACE PAGE .................................................................. 6

FORM A: FACE PAGE INSTRUCTIONS ........................................... 7

FORM B: CONTACT PERSON INFORMATION .................................. 8

FORM C: HIV/RW PERFORMANCE MEASURE GUIDELINES ............. 9

FORM D: HIV/RW SERVICE SYSTEM OBJECTIVE GUIDELINES .......... 10

FORM D: HIV/RW SERVICE SYSTEM OBJECTIVES .......................... 11

FORM E: HIV/RWWORK PLAN GUIDELINES .................................. 12

FORM E: HIV/RW WORK PLAN ...................................................... 14

SEE EXCEL SPREADSHEETS ATTACHED FOR FOLLOWING FORMS:

• BUDGET TEMPLATE AND BUDGET TEMPLATE INSTRUCTIONS • TABLE 1

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

d' h' I d DSHS and program assurances liste In t IS renewa ocument.

. ..... ..... . . RESPONDENT INFORMATION . ... . . ... . ..

1) LEGAL BUSINESS NAME: Dallas County Health and Human Services

2) MAILING Address Information (include mailing address, street, city, county, state and 9-digit zip code): Check if address change 0 2377 N. Stemmons Freeway, Suite 200, LB 16 Dallas, TX 75207-2710

3) PAYEE Name and Mailing Address, including 9-digit zip code (if different from above): Check if address change 0 407 Records Building Dallas, TX 75202

i 4) DUNS Number (9-digit) required if receiving federal funds: 0731285970000

5) Federal Tax 10 No. (9-digit), State of Texas Comptroller Vendor 10 Number (14-digit) or 75-6000905 Social Security Number (9-digit):

*The respondent acknowledges, understands and agrees that the respondent's choice to use a social security number as the vendor identification number for the contract, may result in the social security number being made public via state open records requests.

6) TYPE OF ENTITY (check all that apply): o City 0 Nonprofit Organization' 0 Individual [gJ County 0 For Profit Organization' 0 Federally Qualified Health Centers o Other Political Subdivision 0 HUB Certified 0 State Controlled Institution of Higher Learning o State Agency 0 Community-Based Organization 0 Hospital o Indian Tribe 0 Minority Organization 0 Private

0 Faith Based (Nonprofit Org) 0 Other (specify):

'If incorporated, provide 10-digit charter number assigned by Secretary of State:

7) PROPOSED BUDGET PERIOD: Start Date: 09/01/2013 End Date: 08/31/2014

8) COUNTIES SERVED BY PROJECT: Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hunt, Kaufman, Navarro, and Rockwall

9) AMOUNT OF FUNDING REQUESTED: 5,018,439 11) PROJECT CONTACT PERSON

10) PROJECTED EXPENDITURES Name: Zachary S. Thompson

Does respondent's projected federal expenditures exceed $500,000, Phone: 214-819-2101

or its projected state expenditures exceed $500,000, for respondent's Fax: 214-819-2835

current fiscal year (excluding amount requested in line 9 above)?" Email: [email protected]

Yes [gJ No 0 12) FINANCIAL OFFICER

"Projected expenditures should include anticipated expenditures under all Name: Virginia Porter

federal grants including "pass through" federal funds from all state agencies, Phone: 214-653-6472

or all anticipated expenditures under state grants, as applicable. Fax: 214-653-7286 Email: [email protected]

The facts affirmed by me in this proposal are truthful and I warrant the respondent is in compliance with the assurances and certifications contained in APPENDIX B: DSHS Assurances and Certifications. I understand the truthfulness of the facts affirmed herein and the continuing compliance with these requirements are conditions precedent to the award of a contract. This document has been duly authorized by the goveming body ot the respondent and I (the person Signing below) am authorized to represent the respondent.

13) AUTHORIZED REPRESENT A TlVE Check if change 0 14) SIGNATURE OF AUTHORIZED REPRESENTATIVE

Name: Zachary Thompson Title: Director 15) DATE Phone: 214-819-2101 Fax: 214-819-2835 May 7, 2013 Email: [email protected]

HlStoncally Underutlllzed BUSiness. A mmonty or women-owned bUSiness as defined by Texas Government Code, Titie 10, Subtitle 0, Chapter 2161.

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FORM B: CONTACT PERSON INFORMATION

Legal Name of Applicant: Dallas County Health and Human SelVices This form provides information about the appropriate program contacts in the applicant's organization. If any of the following information changes during the term of the contraci, please notify the Contract Manager and the HIV Care Services Group.

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

Tttle: Director 2377 N, Stemmons Freeway, Suite 600

Phone: 214·819·2101 Ext. Dalias, TX 75207·2710

Fax: 214-819-6022

E·mail: H IV ,g rants@dallascounty,org

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

Title: Assistant Director Ryan White Grants 2377 N. Stemmons Freeway, Suite 200, LB 16

Phone: 214-819·1841 Ext. Dalias, TX 75207·2710

Fax: 214·819·6023

E-mail: [email protected]

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

Title: County Auditor 407 Records Building

Phone: 214·653-6472 Ext. Dallas, TX 75202

Fax: 214·653·7286

i E·mail: vQorter@daliascoun~,org

Data Reporting Contact: Tnomas Reed Mailing Address (IncL street, city, county, state, & zip):

Title: Data Analyst 2377 N. Stemmons Freeway, Suite 200, LB 16

Phone: 214-819·2094 Ext. Dalias, TX 75207·2710

Fax: 214-819-6023

E-mail: treed@daliascount~.org

Clinical SelVices Contact: Brenda Dennis Mailing Address (incl. street, city, county, state, & zip):

Title: Quality Assurance Administrator 2377 N. Stemmons Freeway, Suite 200, LB 16 ,

Phone: 214·819·1816 Ext. Dalias, TX 75207·2710

Fax: 214·819-6023

E-mail: Brenda.dennis@dal!2:scounty,ol]

Board Chairperson: N/A Mailing Address (incl. street, city, county, state, & zip):

Title:

Phone: Ext.

Fax:

E-mail:

Emergency Contact: Zachary Thompson Mailing Address (incl. street, city, county, state, & zip): I Title: Director 2377 N. Stemmons Freeway, Suite 600

Phone: 214·819·2101 Ext. Dallas, TX 75207·2710

i Fax: 214·819·6022

E-mail: zthomQson@dal!ascount~.org

F

2

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FORM C: HIV/RW-SS PERFORMANCE MEASURE

Service Delivery Measures

Dallas HSDA: Applicant shall use these funds to provide at least one service to 5800 unduplicated clients during FY 2013 (09/01113-08/31114).

Sherman-Denison HSDA: Applicant shall use these funds to provide at least one service to 120 unduplicated clients during FY 2013 (09/01/13-08/31114).

State Services Performance Measures

Dallas HSDA: Applicant shall use these funds to provide at least one service to 3600 unduplicated clients during FY 2013 (09/01/13-08/31114).

Sherman-Denison HSDA: Applicant shall use these funds to provide at least one service to 95 unduplicated clients during FY 2013 (09/01/13-0S/31114).

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2013-2014 FORM D: HIV/RW SERVICE SYSTEM OBJECTIVES

The Ryan White Planning Council of the Dallas Area (RWPC) is responsible for HIV service planning for the: • Dallas Eligible Metropolitan Area (EMA) • Dallas HIV Services Delivery Area (HSDA) • Sherman - Denison HSDA

These three regions are the focus of the latest Comprehensive HIV Health Services Plan conducted in 2012. The EMA and two HSDAs comprise 12 counties, which include Collin, Dallas, Denton, Ellis, Hunt, Kaufman, Rockwall, Henderson, Navarro, Cooke, Fannin and Grayson counties. These twelve counties comprise the Dallas Planning Area (DPA). The 2012 Comprehensive HIV Health Services Plan is a result of a rigorous plarming process that included research, interactive discussion and plan development. The principal tool used to develop the plan was the 20 I 0 Comprehensive Needs Assessment; however, the 2008-20 I 0 Texas Statewide Coordinated Statement of Need (SCSN) and the 2012-2014 Texas HIV Plan provided additional information to complete the Plan.

The Plan establishes a total of seven goals (with multiple objectives and proposed actions) for the Administrative Agency and the R WPC. These goals and associated objectives promote access to quality HIV medical care and supportive services for all PLWHA; eliminate disparities in care among disproportionately affected populations; link and engage PLWHA outside the medical care system; and ensure services are of the highest quality. The three (3) performance objectives the R WPC plan to focus on for the 2013-2014 are outlined below.

Performance Objective 1: Evaluate the feasibility of implementing a consumer peer post-test counseling program by first quarter FY 2014 (Goal 2: Objective 3).

The R WPC will identifY and evaluate model HIV peer counseling programs that provide additional post-test counseling support, assist in navigating the HIV medical and service systems and encourage linkage with HIV medical care. In addition, they will solicit provider proposals to customize a Ryan White funded peer support program by March 2014. Concurrently, an evaluation plan will be developed to assess the impact ofthe program and what changes need to be made. Finally, a revision of the standards of care for early intervention services (EIS) or other appropriate service category to include a peer counseling component will be necessary in order to accommodate this program.

Responsible Start Completion Reporting Proposed Actions Pam(ies) Date Date Interval I. Identify and evaluate model HlV peer counseling Planning and July 2012 December Monthly

programs(including volunteer models) that: Priorities 2012 Committee

• Provide additional post-test counseling support.

• Assist in navigating the HIV medical and service systems.

• Encourage retention in HIV medical care.

2. Based on evaluation, solicit provider proposals to Administrative January March 2013 Quarterly customize a peer counselor program during FY Agency 2013 2014, whether volunteer oriented or through the use of paid staff.

3. IdentifY and implement an evaluation plan to Planning and December March 2014 Quarterly assess the impact of the model program, Priorities 2013 considering options to expand. Committee

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4. Revise the standards of care, continuum of care, RWPC December March 2014 Annually and other documents for appropriate service 2013 categories to include a peer counseling component.

Performance Objective 2: Increase collaborations between Ryan White funded and non­Ryan White funded service providers (Goal 7: Objective I).

The DPA is closely cOlmected to the entire continuum of services available to address the HIV/ AIDS epidemic through strong collaborative efforts with primary and secondary prevention, public health awareness, and treatment programs. This objective will be implemented in order to improve the local continuum of care through coordination and collaboration between the funded HIV providers and other local entities.

Responsible Start Date End Date Reporting Proposed Coordinating Actions Party(ies) Interval 1.

2.

3.

Identify 2-3 areas that could benefit from enhanced Evaluation Committee October 2012 January 2013 collaboration (e.g., areas of high need, like dental care, transportation, substance abuse/mental health, medical, and other services not covered by enhanced Medicaid). For each of these target areas, develop a plan and Evaluation Committee February June 2013 outcomes for enhancing collaborations. 2013 Identify collaborative partners and engage them to Evaluation Committee July 2013 December better understand and more effectively connect 2013 HIV+ individuals with those collaborating systems.

Performance Objective 3: Identify & refer HIV+/recently infected with syphilis, and with a detectable viral load (Goal S: Objective 1).

Monthly

Monthly

Quarterly

Research has proven that the integration of HI V prevention into HIV care can potentially reduce the number of new infections, as well as improve the lives ofPLWHA In the DPA, there is an abundance of HI V prevention programs including Ryan White funded providers who are also funded to conduct prevention activities. Also, since the successful implementation and collaboration with the Enhanced Comprehensive HIV Prevention Plan program in the area, other prevention providers have stepped forward and are eager to partner with the local Ryan \Vhite Program. The completion of objective will be crucial in the future development of prevention messaging for PLWHA.

Responsible Party(ies) Start End Date Reporting Proposed Activities Date Interval 1. Obtain data [specify demographics such as age, gender, risk Planning and Priorities January April 2013 Monthly

(eg MSM), zip code). Committee 2013

2. Identify the three (3) highest reporting entities (hospitals, Planning and Priorities May 2013 May 2013 Monthly health department, private providers). Committee

3. Solicit information around current prevention message with Consumer Council July 2013 October Monthly primary focus where prevention services are currently not Committee 2013

offered.

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4. Provide education and referralllopportunities 'l through Ryan White Funded July 2012 December As Needed prevention support groups (Healthy Relationships, Providers 2014

Comprehensive Risk Counseling Services), or refer back to DCHHS Disease Intervention Specialists.

5. Explore opportunities to utilize social media for prevention Planning and Priorities January December Semi messaging, Commirtee and R WPC 2013 2014 Annually

.J/

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FORM E: HIV/RW-SS WORK PLAN

1. Group 1 and Group 2 of the HAB measures are currently being monitored and tracked in ARIES. These measures include: Viral Load Suppression, Medical Visits, PCP Prophylaxis, HARRT, etc. For a complete list, click on the link: http://hab.hrsa.gov/deliverhivaidscarelhabperformmeasures.htrn1 The Allocations Committee will use the quality findings ITom the performance measures as part of the decision-making process, when allocating funds. The QM unit is comprised of three staff and all of them are relatively new to Ryan White Quality Management and all began their positions within the last eight months. The Health Advisor was hired in August. The Quality Assurance Advisor was hired in September and the Quality Assurance Administrator was hired in January. This is a period of growth, transition, and excitement. The QM staff looks forward to learning and implementing QM principles and processes and improving the QM program. The QM plan is in the process of being updated and will be submitted to DSHS by April 30,2013. The current QM plan will be emailed to DSHS in a separate email.

In the Dallas Planning Area, community input is solicited via numerous mechanisms, which include:

• Monthly R WPC meeting advertisement in the local newspaper • "Blast" email reminders to our interested parties list • Meeting reminders are sent to each of our funded providers

Also, our Consumer Council Committee members promote all RWPC meetings at numerous events (local community advisory board meetings, food pantries, forums, etc). The Ryan White Planning Council has completed reviewing recommendations from the most recent Comprehensive HIV Needs Assessment, which were developed in order to improve the care coordination system in the Dallas Planning Area. The recommendations were based on a thorough review of Eligibility documentation (with recommendations for streamlining), consumer access and provider efficiency, substance abuse and mental health intake assessment forms. The social case management referral process and the documentation requirements have identified opportunities to improve the current system of care. These recommendations have been finalized by the planning council and will be assigned to each responsible party (standing committees) to be implemented, as applicable. In addition, the Ryan White Planning Council will conduct a Comprehensive HIV Needs Assessment in the Summer/Fall of2013.

Currently, we have one Ryan White funded medical care provider that operates an Outreach Lost to Care program to identifY consumers who have dropped out of care and effectively link them back into the care system. For 2013-2014, the Planning and Priorities Committee will review and analyze this program and the relevant service category, which will consist of the R WPC staff presenting data results and the annual program report/highlights to the Planning and Priorities Committee, while comparing the information with unmet need, consumer needs assessment, and other available data for use in future priority setting efforts. This will be done on an annual basis. Secondly, our PImming and Priorities Committee will continue to evaluate the feasibility of implementing a consumer peer post-test counseling program by 2014.

The RWPC is currently identifying HIV peer counseling programs that provide additional post-test counseling support, assist in navigating the HIV medical and service systems and encourage linkage with HIV medical care. When the program development is finalized and prior to its implementation, the peer support program will have to be included in a new service category, or the Standards of Care for Early Intervention Services (EIS) or other appropriate service category will have to be revised in order to accommodate this program. The AIDS Healthcare Foundation (AHF), which opened on December 3, 2012 in Dallas, Texas, is a new point of entry into the HIV care system. Since the organization is located in the northern sector of Dallas, they expect a number of the new clinic patients to corne ITom the 75230 zip code and surrounding areas, plus the residents of Collin County, who are not served by a public hospital. Currently, the majority of uninsured people go to Parkland hospital's Amelia Court in Dallas or John Peter Smith hospital in Tarrant County for primary healthcare. Since the southern sector of Dallas is already well served by AIDS Arms' Trinity Health & Wellness Center in Oak Cliff and Peabody Health Center in South Dallas, AHF will serve as a strategic partner in the Northern sector of Dallas. Although they are not currently funded by Ryan White funds, this organization has developed key partnerships with other points of entry that will allow increased access to medical care for clients receiving Ryan White services.

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The approach to monitoring and evaluating progress in achieving the proposed activities of the Ryan White Planning Council for 2013-2014 will include the following:

• The ability to implement stated action steps within the projected timeframes. • The achievement of each strategy. • Documented system improvements that support the goals.

Each strategy will be objectively evaluated annually and upon completion of the stated activity, the responsible parties will notifY the RWPC of such. In order to include each of the activities with their anticipated start dates, progress, and results, the responses to questions will be included in table form for this section. Question 4 will be addressed in a short narrative.

1. Revising care systems to meet emerging needs- (Objective) Evaluate the feasibility of implementing a consumer peer post-test counseling program by first quarter FY 2014 Completion Date: March 2014

Responsible Start Completion Reporting Proposed Actions Party(ies) Date Date Interval 1.

2.

3.

4.

Identify and evaluate model HIV peer counseling programs(including Planning and July 2012 December Monthly volunteer models) that: Priorities 2012

• Provide additional post-test counseling support. Committee

• Assist in navigating the HIV medical and service systems.

• Encourage retention in HIV medical care.

Based on evaluation, solicit provider proposals to customize a peer Administrative January March 2013 Quarterly counselor program during FY 2014, whether volunteer oriented or Agency 2013 through the use of paid staff.

IdentifY and implement an evaluation plan to assess the impact ofthe Planning and December March 2014 Quarterly model program, considering options to expand. Priorities 2013

Committee Revise the standards of care, continuum of care, and other documents RWPC December March 2014 Annually for appropriate service categories to include a peer counseling. 2013

2. Ensuring Access to quality HIV/AlDS care-(Objective)--lmprove service utilization among disproportionately impacted populations identified in the National HIV/AIDS Strategy and in the local EMA Needs Assessment

Completion Date: December 2014

Responsible Start Date EndDate Reporting Proposed Action Steps Party(iesj Interval 1. Standardize and improve data collection on race, ethnicity, gender, Administrative October December Monthly

and other population characteristics. Agency 2012 2014 2. Identify additional disproportionately impacted populations (e.g., Planning and July20l3 September Monthly

trans gender, sex workers, and other hidden populations) beyond Priorities 2013 those identified in the National HIV/AIDS Strategy and the local Committee EMA Needs Assessment.

3. Establish a baseline of service utilization for these Planning and October November Monthly disproportionately impacted populations, and develop Priorities 2013 2013 improvement goals for subsequent years. Committee

4. Require providers to address improved service utilization for the Planning and December Ongoing Annually disproportionately impacted populations through the RFP process Priorities 2014 and other means. Committee and

Administrative

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Agency

5. Identify and promote model programs/strategies and best practices Planning and July Ongoing Quarterly among local and national providers to improve service utilization Priorities 2013 for these disproportionately impacted populations. Committee

3. Coordinative Ryan White services with other health-care delivery systems (Objective) Increase collaborations between Ryan White funded and non-Ryan White funded service providers.

Completion Date: December 2013

Responsible Start Date End Date Proposed Coordinating Actions Party(ies)

1.

2.

3.

Identify 2-3 areas that could benefit from enhanced collaboration Evaluation October 2012 January 2013 (e.g., areas of high need, like dental care, transportation, substance Committee abuse/mental health, medical, and other services not covered by enhanced Medicaid). For each of these target areas, develop a plan and outcomes for Evaluation February June 2013 enhancing collaborations. Committee 2013 Identify collaborative partners and engage them to better understand Evaluation July 2013 December and more effectively connect HJV+ individuals with those Committee 2013 collaborating systems.

4. Evaluating the impact of Ryan White program funds and making needed improvement, The process of evaluating the impact of Ryan White program funds is conducted by The Ryan White Planning Council (RWPC) of the Dallas EMA as part of the resource allocations, on an annual basis. This includes plans for the use of Ryan White funding to support HIV services, utilization of core and support services by PL WHA, and determining the needs of PL WHA who are not currently in care. The participation of PLWHA, as well as other key stakeholders is utilized in order to be more responsive to identified consumer needs and preferences across diverse populations. The R WPC reviews changes in the priority ranking of services~ historical allocations) legislative guidance, unit cost for each historical service, service category expenditures, allocations, unmet need data, other funding sources available in the EMA, and the directives for each service.

In 2014 the ARIES Administrator will have the yearly ARIES training, covering required fields, timeliness, accuracy, security, and other aspects of ARIES and its requirements. Throughout the year the ARlES Administrator conducts two to three trainings on site for staff meetings and numerous technical assistances over the phone on a weekly sometimes daily basis. The QM staff will provide a minimum of two quality management trainings to the subcontractors in FY2014. In addition, technical assistance will be provided individually to each subcontractor, as needed. The QM unit has been working closely with the NQC coach, Sherry Martin, and looks forward to attending NQC trainings and additional QI trainings in the near future. There are no concerns at this time.

2. The Administrative Agency (AA) and Ryan White Planning Council reallocate funds for all grants throughout

the year. At approximately the fifth and seventh month of the contract term, the AA will provide the Allocations

Committee (AC) with programmatic and fiscal data for analysis to determine if funds should be reallocated among

service categories. This data typically includes:

• Monthly and year-to-date units of service and expenditures per service category; • YTD units of services and expenditures provided per service category; • Total number of units of services to be provided per service category; • Total clients served per service category; • Percentage of goal achievement (this information is necessary to assess what service category is off target,

on target, or over target); and • Categorical Funding Increase (CFI) request forms from funded providers (de-identified)

Reportin g

Interval Monthly

Monthly

Quarterly

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The AA may reallocate funds to other service providers within the same category without AC review. The AA monitors actual provider expenditures against contractual budgets to assess whether funds are being under- or over­spent at any point during the fiscal year. The same service utilization data provided to AC is used to determine if funds will be allocated within a service categOly. At the five and seven month period of the contract, the AA will review programmatic and fiscal expenditure data to determine if agencies are on track to meet the goals set in their contracts. If they are not on-track they will be contacted to provide an update on their status and the AA will make the final determination of funds will be reallocated within the service category between agencies.

Iffunds are available for reallocation between service providers, the CFI forms are reviewed. Subsequently, the AA will prepare a one-page request for proposals (RFP) for funded providers to submit one-page proposals. The one­page RFP also includes any funds that the AC has reallocated among service categories.

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IIInlstructions: Table I must be completed for EACH HSDA within the Administrative Agency's area. Use this table to reflect the IIservi,oe allocations and estimated service units and persons to be served with those funds. Use columns 2 and 3 to show the lIe"tirrlat"d number of units to be delivered and persons to be served. In column 4 place the total allocation for that category; this IIstwuld include service provider administrative costs. The total of all allocations should equal the total for the HSDA's RWSD or SS lIalloc"tion. Column 6 indicates the percentage ofthe total award that is allocated to that service category.

SERVICE CATEGORY*

Medical Care

Pharmaceutical Assistance

Intervention Services A and B)

Insurance Premium and Cost Sharing

Health Care

IlMledical Nutrition Therapy

Services

and Community-Based Health Services

Health Services

Abuse Services - Outpatient

II'YJIOUIC"I Case Management (including treatment

Management

Care Services

Financial Assistance

Bank / Home Delivered Meals

Education / Risk Reduction

DSHS Table 1

9500 1700

950 315

1020 350

3800 900

4000 820

5700 1400

ALLOCA nON FOR HSDA

$1,617,715.00

$107,848.00

$122,191.00

$222,315.00

$339,540.00

$110,606.00

% OF TOTAL ALLOCATION

Revised 4-2-08

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Services $0.00 o onO;'

iLegal Services o 00",(

Services O.OOO/C

,Aeel; ,1 Transportation Services 4600 1250 $158,599.00 5.75o/c

Services 2750 770 $79,438.00 7 ~80'

Dc Support Services O.OOo/c

Do'" "1 for Health Care / Supportive Services O.OOo/c

R, Services O.OOO/C

R, ,;t. Care O.OOO/C

Adherence "" O.OOo/c

$2,758,252.00 10" ""0' The' . may not~ White Part B funds

Inmlclv / <" Services 000'"

IChild Welfare Services o 000/-

IClient •. 000'"

000%

'" Developmental Assessment and Early ,'. O.OOo/c

O.OOo/c

to Clinical Research 0.00%

IOther Direct Support Services (Attach a separate sheet . services to be 0.00%

ITotal A $2,~.o ,., nn lOU noOI..

DSHS Table 1 Revised 4-2-08

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IIInstnoctions: Table I must be completed for EACH HSDA within the Administrative Agency's area. Use this table to reflect the IIserv,,'e allocations and estimated service units and persons to be served with those funds. Use columns 2 and 3 to show the Iles.tirr13t"d number of units to be delivered and persons to be served. In column 4 place the total allocation for that category; this 1I""uu,u include service provider administrative costs. The total of all allocations should equal the total for the HSDA's RWSD or SS lIalloc;,tlcm. Column 6 indicates the percentage of the total award that is allocated to that servicc category.

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Services 21500 77 $268,530.62 17.780/(

Legal Services 1000 150 $43,496.52 2.880/(

.ina"i.,ir Services 0.000/(

"', ,1 j Services ( $0.00 0.000/(

uu.,,"-., Services $0.00 0.000/(

Support Services 0.00%

for Health Care I Services 0.000/(

Services 0.00%

Care $15,556.04 1.03%

Adherence (:, oli"" 0.000/(

$1,249,618.92 82.o4°~

The , may not be f""""~";it-l1 Rya; White Part B funds

IBuddy I r, Services 0.000/(

IChild c. 0.00%

IClient. 0.000/(

6150 1250 $260,677.08 17.26%

Developmental Assessment and Early Services 0.00%

0.000/(

'Refo ,ls to rli, ,,1 D 'h 0.00%

IOther Direct Support Services (Attach a separate sheet ,,1et>ilina services to be 0.00%

Total Allocation <1 ~1P '0<"" 1~0 000/,

DSHS Table 1 Revised 4-2-08

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I/Instn"ctions:. Table I must be completed for EACH HSDA within the Administrative Agency's area. Use this table to reflect the lI,erv;"e allocations and estimated service units and persons to be served with those funds. Use columns 2 and 3 to show the I/estirrlat"dnumber of units to be delivered and persons to be served. In colwnn 4 place the total allocation for that category; this IISn'UU1U include seryice proyider administrative costs. The total of all allocations should equal the total for the HSDA's RWSD or SS lIalloclmo,n .. Column 6 indicates the percentage of the total award that is allocated to that service category.

SERVICE CATEGORY*

Medical Care 540 50

Pharmaceutical Assistance (local) 460 40

ALLOCATION FOR HSDA

$67,759.00

$34,695.00

$0.00

% OF TOTAL ALLOCATION

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Services $0.00 0.000/,

ILegal Services 0.000/,

inani,tic Services 0.000/,

j Services 60e 40 $12,242.00 6.450/,

Services $0.00 0.00%

-" Support Services 0.00%

'''''''"' for Health Care / Supportive Services e ee%

litation Services 0.00%

Care n nno"

Adherence , \1 ~, all 0.00%

Subtotal $189,801.00 1 no fiOO/_

The I may not~ White Part B funds

n",.j, '/' ,;on Services 0.00%

Child Welfare Services 0.00%

Client' ". 0.00%

0.00%

.";.u,, Developmental Assessment and Early ,t';r Services n nno/-

n on0/-

R efem Is to Clinical Research 0.00%

Other Direct Support Services (Attach a separate sheet: . services to be ~.. . .. 1\ 0.00%

Total Allocation $1~O on1 nfi 1Il" ""0/_

DSHS Table 1 Revised 4-2-08

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IIInLstr"ctions:: Table I must be completed for EACH HSDA within the Administrative Agency's area. Use this table to reflect the IIservi"e allocations and estimated service units and persons to be served with those funds. Use colurrms 2 and 3 to show the lie5,tirrlat,:d number of units to be delivered and persons to be served. In column 4 place the total allocation for that category; this IIsrlould include service provider administrative costs. The total of all allocations should equal the total for the HSDA's RWSD or SS lIal.lo(:ation. Colunm 6 indicates the percentage of the total award that is allocated to that service category.

SERVICE CATEGORY*

Medical Care

Pharmaceutical Assistance

Intervention Services (Parts A and B)

IInealln Insurance Premium and Cost Sharing

Health Care

Nutrition

Services

and Community-Based Health Services

Health Services

Abuse Services - Outpatient

Case Management (including treatment

Care Services

Financial Assistance

Bank / Horne Delivered Meals

Education / Risk Reduction

DSHS Table 1

95 25

250 35

670 80

ALLOCATION FOR HSDA

$21,149.00

$11,896.00

$0.00

$0.00

$0.00

$33,046.00

$0.00

% OF TOTAL ALLOCATION

Revised 4-2-08

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Services $0.00 0.000/.

!Legal Services 0.00%

;, ,,;d;, Services 0.00%

Transportation Services $0.00 0.00%

Services $0.00 0.00%

Services 0.00%

,'" , 1 for Health Care I Supportive Services 0.00%

~L Services 0.000/.

,,~oY' Care 0.000/.

Adherence rn, 0.000/.

Subtotal $66,091.00 10000'J.,

The ; may not be i. '~'1 ;;'ithRY;;;;-White Part B funds

iBuddy I L Services 0.00%

IChild Welfare Services 0.000/.

[Client 0.000/.

0.000/.

Developmental Assessment and Early Services 0.000/.

• P],nn;na 0.000/.

iReferrek to Clinical Research 0.00%

[Other Direct Support Services (Attach a separate sheet services to be 0.000/.

ITotal ~"" 001.00 I"" """'

DSHS Table 1 Revised 4-2-08

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FORM G: CATEGORICAL BiJDGET JUSTIFICATION

Dallas County Health and Human Services FY 2014 Ryan White Part B IIIV Care Services and Administrative Agency

Service Delivery and Administrative Agency Budget

Contract Term: 09/01/13 ~ 08/3112014

TOTAL BUDGET

PERSONNEL

A Assistant Directorfor Grants Compliance - Vacanl

$7,563.00/mo x 20.00% x 12

Oversee activities and overall operation of the HIV Grants Management Division.

B. Grants Management Officer" Vacant

$6,495.83/mo x 20.00% x 12

Provide and prepare various reports required by the grantor. Oversee the daily management of HI V Grants Management Unit

C. Grants Manager - Vacant

$6,046.08/mo x 20.00% x 12

Coordinate and oversee the financial operation of HIV Grants Management Division. Analyze and prepare fiscal reports and budgets.

D Accountant II ~ Aurora lnumerable

S4,215,58/mo x 20,00% x 12

Monitor financial activities and daily accounting operation of HIV Grants Management Division.

E Program Monitor - Glenda Nchekwube

$5,03733/mo x 25,00% x 12

Program Monitor" Lynette Clay-Smith S4,793,00/mo x 25,00% x 12

Program Monitor· Hamed Husain

$5,299,QO/mo x 25.00% x 12

Conduct programmatic review of subcontractors

F. Grants Analyst" Tianjiao McPherson $4,215.58/mox2Q,QO%x 12

Prepare budgets for grant application Assist in the review of subcontractor's budgets, Assist accountant in the daily accountmg activities.

G. Administrative Assistant - Brisa Anzures

$3, 117,08/ma x 20,00% x 12

Provide administrative and fiscal support.

H Data Analyst - Thomas Reed

S3,986,42/mo x 20.00% x 12

L

CoHect data and infonnation for various users Provide ARIES and administrative support.

General Office Clerk - Vacant

$2,672.75!mo x 20.00';';0 x 12 Provide clerical assistance to HIV grants administrative staff.

$

239,481

18,151

15,590

14,511

10,117

15,112

14,379

15,897

10,117

7,481

9,567

6,415

Systems Operating Analyst - Allen Wang 3,316

$6,907, 75/mo x 4.00°,0 x 12

Provide assistance as backup with ARIES reporting and tracking (Cost shared with DCH,I--lS @20%)

K DCHHS Administrative Assistant - Yamonica Sadberry $4.560.50/mo x 5.00% x 12

4/22/2013

Provide assistance to HIV Grants Management Division In processing grants contracts for briefings and court order. (Cost shared with DCHHS@25%)

2,736

FY 2013·2014 Ryan White Part B (FY 2014) Renewal Application

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FORM G: CATEGORICAL BUDGET JUSTIFICATION

Dallas County Health and Human Services FY 2014 Ryan White I'art B HIV Care Services and Administrative Agency

Service Delivery and Administrative Agency Budget Contract Term: 09/IH/13 ~ 08/31/2014

L. DCHHS Courier/Delivery ~ Marvin Jones $2,839,25!mo x 5.00% x 12

Provide delivery and courier service to and from Dallas County departments, local grantor, and subcontractors. (Cost shared with DCHHS@2S%)

M Building Supervisor - vacant

$2,232.67/mo x 7.00% x 12

Assist with the setting up of meetings for HIV Grants Management Division. (Cost shared with DCHHS @35%)

N Quality Assurance Administrator - Brenda Dennis $5,337.92/mo x 25,00% x 12

Perfonn chart reviews and evaluations of medical and oral health services to ensure compliance with Public Health Standards.

Supervise quality management staff.

o. Health Advisor - Dindi- Moore-Matthews

$4,078.25/mo x 25.00% x 12

Develop and implement standards of care and outcome measures for

services

P. Quality Assurance Advisor - Angela Jones

$4,793.QO!mo x 25.00% x 12

Provide technical asslstance to contractors and conduct

studies/reviews on current standards of care

Q. RWPC HIV Services Planner - Crystal Flores

$4,551. 83!mo x 25.00% x 12

Coordinate implementation of the Comprehensive Plan.

R RWPC Administrative Coordinator - Jennifer Kendrick

S3,437.17/mo x 25,00% x 12

Provide administrative support and coordinate day-to-day activities of

Planning Council

S RWPCIC Manager - Felton Stevens

S5,271.92/mo x 25.00% x 12

Oversee day-la-day operations of the Planning Council. Prepare

reports as needed

T Accounting Clerk - Nebiat Kidane

$2.590.58/mo x 15.00% x 12 Provide accounting support to HIV Grants Management Division.

U General Accounting Clerk - Vacant $3,020.83/mo x 15.00% x 12 Provide general accountmg support to HIV Grants Management

Division.

II FRINGE BENEFITS

MedicallDentalfLife Insurance@9,000!ftexAllocationRate

Social [email protected]%

Retirement@ 10.80%

Workers Compensation @0.50%

III TRAVEL

;~~:tt;Y~~:~Y~'~'~@iSt~tiY~~iag,~~,~~,.~j~Yi~,":comp1ia~'ce":W1tb:>1Jhe ~~s;~,nu,qfYtf~~,~'~!f~ures'.:': "

4/22/2013

1,704

1,875

16,014

12,235

14,379

13,656

10.312

15,816

4,663

5,438

84,621

39,240

18,320

25,864

1,197

18,625

FY 2013-2014 Ryan White Part B CFY 2014) Renewal Application

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FORM G: CATEGORICAL mIDGET JUSTIFICATION

Dallas County Health and Human Services FY 2014 Ryan White Part B HIV Care Services and Administrative Agency

Service Delivery and Administrative Agency Budget

Contract Term: 09/Ol/13 ~ 08/31/2014

A. Local Travel

1] For administrative staff to pcrfonn on-site program monitoring,

compliance audit, and other HIV grant-related activities (2000 @ .565 cents/mile).

2] For planning council staffta perform RWPC activities, and other site activities (1000 [email protected]/mile)

3J For quality management staffta perfonn on-site program ",;e~';m<,m, program evaluation, and other quality management related (1000 miles @ .565 cents/mile)

4] For data and systems staff to provide ARIES support, assistance, and other ARIES related activities (1000 miles @ . cents/mile).

B. Out~of JUJlsdictiQJ1.IL<!yJ<!

1J Travel for five administrative staff, and one RWPC member to attend a five-day Ryan White HlV/AIDS Program Grantee meeting In

Washington, DC cost shared at 20% ~ 1 trip x $18,767@20%.

Ground (Air) transportation @$450x6 staff/member

Lodging@ 5 mghts x $250 x 6 stafT/member

Per Diem @ 5 days x $80 x 6 staff/member

Registration @$650 x 6 stafllmember

Mileage/transport to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

2] Travel for three quality management staff to attend a five-day Ryan White mY/AIDS Program Grantee meeting in Washington, DC cost shared at 25% - 1 trip x $9,383 @25%

Ground (Air) transportation @$450 x 3 staif

Lodging@ 5 nights x $250 x 3 staff

Per DIem @ 5 days x $80 x 3 s13ff

Registration @ $650 x 3 staff

Mileage/transport to/from airport and local tTansport

Miscellaneous for lodging tax, and airport parking

3] Travel for five administrative staff, and one RWPC member to attend a two~day quarterly meetings of Part A EMA's in Dallas/Fort Worth, Austin, Houston, San Antonio, TX or New Orleans and Baton Rouge, LA cost shared at 20% - 2 trips x $4,907 @20%.

Ground (Air) transportation @$300 x 6 staWmember

Lodging @2 nights x $150 x 6 staff/member

Per Diem @2 days x $S() x 6 staff/member

Mileage/transport to/from airport and local transport

Miscellaneous for lodgmg tax, and airport parking

4J Travel for three quality management staff to attend a two-day quarterly meetings of Part A EMA's in Dallas/Fort Worth, Austin, Houston, San Antonio, TX or New Orleans and Baton Rouge, LA cost shared at 25% - 2 trips x $2,453 @25%

4/22/2013

Ground (Air) transportatlon@$300 x 3 staff

Lodging@2 nights x $150 x 3 staff

Per Diem @ 2 days x $50 x 3 statf

Mileage/transport to/from airport and locai transport

Miscellaneous for lodging laX. and airport parking

2,825

15,800.00

FY 2013-2014 Ryan White Part B (FY 2014) Renewal Application

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FORM G: CATEGORICAL Bi::lDGET JUSTIFICATION

Dallas County Health and Human Services

FY 20J4 Ryan White Part B HIV Care Services and Administrative Agency Service Delivery and Administrative Agency Budget

Cont'ract Term: 09/01/13 ~ 0813112014

5] Travel for five administrative staff to attend a two-day All Parts meeting in Austin, TX cost shared at 20%· 1 trip x $4,089@20%

Ground (Air) transportation@$300 x 5 staff

Lodging@2 mghts x $150 x 5 staff

Per Diem @ 2 days x $50 x 5 staff

Mileage/transport tolfrom airport and local transport

Miscellaneous for lodging tax, and airport parking

6] Travel for three quality management staff to attend a three-day All Parts meeting in Austin, TX cost shared at 25% - 1 trip x $3,128 @ 25%.

Ground (Air) transportation @ $300 x 3 staff

LDdging @ 3 nights x $150 x 3 staff Pcr Diem @ 3 days x $50 x 3 staff

Mileage/transport to/from airport and tocal transport

Miscellaneous for lodging tax, and airport parking

7] Travel for five administrative staff to attend a two-day state sponsored

meeting in Austin, TX cost shared at 20% ~ 1 trip x $4,089@20%

Ground (Air) transportation@ $3(}() x 5 staff

Lodging (lE 2 nights x $150 x 5 stafr

Per Diem@2days x $50 x 5 staff

Mileage/transport to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

8J Travel for three quality management staff to attend a two~day state

sponsored meeting in Austin. TX cost shared at 25% " 1 trip x $2.453

@25%

Ground (Air) transportation@$300x3 staff

Lodging@2nightsx$15(}x3staff

Pcr Diem r{i) 2 days x $50 x 3 staff

Mileage/transport to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

9J Travel for one administrative staff to attend a three-day 2013 Ryan

White IiIV/AIDS Program Services Report (RSR) training In

Phoenix, AZ cost shared at 20% - 1 trip x $1,383 @20%

Ground (Air) transportation @$375 x 1 staff

Lodging@ 3 mghts x $200 x 1 starr

Per Diem @ 3 days x $80 x 1 statf

Mileage/transport to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

l1J Travel for three quality management staff to attend a three~day

4/2212013

National Quality Center Training of Quality Leaders (TQL) in Atlanta, GA cost shared at 25% - I trip x $4,988 @25%

Ground (Air) transportation @$375 x 3 staff Lodging @ 3 nights x $200 x 3 staff

Per DIem @3 days x $80 x 3 staff

Mileageltranspon to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

FY 2013-2014 Ryan White Part B (FY 2014) Renewal Application

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FORM G: CATEGORICAL BlJloGET JUSTIFICATION

Dallas County Health and Human SCn'ices

FY 2014 Ryan White Part B HIV Care Services and Administrative Agency

Service Delivery and Administrative Agency Budget

Contract Term: 09101113 ~ 08/3I12014

13] Travel for two administrative staff to attend a two-day Planners Network Meetings within State of Texas cost shared at 20% - 1 trip x

$1,636@20%.

Ground (Air) transportation@$300x2 staff

Lodging @ 2 nights x $150 x 2 staff

Pcr Diem @ 2 days x $50 x 2 staff

Mileage/transport to/from airport and local transport

Miscelianeotls for lodging tax, and airport parking

14] Travel for one administrative staff to attend a two-day ARIES related

meetings in Austin, TX cost shared @20% - 1 trip x $818 @20%

Ground (Air) transportation@ $300 x 1 staff

Lodging@2 nights x $150 x 1 staff

Per Diem @ 2 days x $50 x 1 staff

Mileage/transport to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

15J Travel for three quality management staff to attend a three-day

National Quality Center: Training on Coaching Basics (TCB) in

Chicago, 1L cost shared @25%- 1 trip x $5,858 @25%.

Ground (Air) transportation@$375 x 3 staff

Lodg111g@4 nights x $250 x 3 staff

Per Diem @4 days x $80 x 3 staff

Mileage/tmnsport to/from airport and local transport

Miscellaneous for lodging tax, and airport parking

IV EQUIPMENT

A General consumable supplies like papers, pencils, pens, paper clips,

folders, binders and the like to support Ryan White grant related activities,

B Computer Supplies - computer accessories and softwares necessary to

support Ryan White grant related activities

C. Other equipment items> 1,000 like paper shredder, time recorder,

heavy duty stapler, fax machine, caJculators and the like to support

Ryan White grant related activities

D. Materials, supplies, stipends for reviewers, and nourishments for

Internal/External Review Committees and Technical Assistance

meetings activities conducted by grants administrative staff

E Materials, supplies, stipends for reviewers, and nourishments for

Internal/External Review Committees and Technical Assistance

meetings activities conducted by planning council staff.

VI CONTRACTlJAL

A Contracts for HIV services covering Dallas HSDA to be awarded

through renewal or competitive request for proposal (RFP) process

Administrative Cost

Direct ServIces Cost

B Contracts for HIV services covering Sherman-Denison HSDA to be

awarded on a sole source process.

Administrative Cost

Direct Services Cost

'12;980,,0 '170;$20;00

11,600

5,000

2,600

3.000

500

500

40,000 2,948,052

2,758,252

J 89.&00

4/22/2013 FY 2013-20']4 Ryan White Part B (FY 2014) Renewal Application

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FORM G: CATEGORlCAL BlIDGET JUSTIFICATION

Dallas County Health and Human Services

FY 2014 Ryan White Part B HlV Care Services and Administrative Agency Service Delivery and Administrative Agency Budget

Contracl Term: 09/01113 w 08(31/2014

C Contract to perfonn chan reviews and evaluation of primary and oral health services receiving Ryan White program grant funds,

VII OTHER ADMINISTRATIVE COSTS

A Telephone, cellular phone and internet service necessary to support grant related activities,

B Copier rental and printing charges for grant related activities

C Postage for grant related materials.

D Traming provided to staff to keep cument on HIV/AIDS issues and

job related requirements

E Office equipment maintenance F. Advertising for public notice of the RFP.

G. County-wide audit per OMB Circular A-128.

H. In-house needs assessment for the Dallas and Sherman-Denison HSDA Grants Administrative Agency staff will conduct a needs assessment and investigation into the epidemiologic data for peopie diagnosed with HIV/AIDS over the age of 50, the age-associated co­morbidities, mental health issues, and antiretrovira! toxicity.

IX INDIRECT COSTS

Grants Management Division's share on all allowable Dallas County cost using The Dallas County Certified lndirect Cost [email protected]%

Indirect costs are based on (mark the statement that is accurate):

G The maximum tate allowed under an Indirect cost rate agreement approvM by a

X federal cognizant agency or state Single audit coordinating agency, A copy of the current rate IS attachau behmd Ihe Budget. Expired rate agreements are not acceptable.

DLess than the maximum amount allowed by a federal cognizant agency or state single audit coordinating agency, A copy of the current rate is attached behind the Sudget.

(Applies to local govemments only) The maximum rate allowed under an indirect ccst rate proposal prepared in accordance with OMS Circular A·S? A copy of the indirect cost rate proposal certification arnJ supporting documents is on file and is subject to review by DSHS iiscal monitors, or any of its duly authorized representaflves, as well as d'Jy authorize<.! lederai or state autMrll'fes.

(Applies to governmental entities only] Less than the maximum amount allowed under an irnJirect cost rate proposal prepared in accordance with OMS Circuiar A"S7. A copy of the indirect cost rate proposal certification and supporting documents is on file and is subject to review by DSHS fiscal monitors, or any of its duly authorized representatives, as well as duly authorized federal or state author-ties

DThe maximum amount calculated under a cost allocation plan must be submitted for

review to DSHS no later than the 60th calendar day after the effective date of the contract.

DL8SS than the maximum amount calculated under a cost allocation plan that mustbe

submittau for review to DSHS no iater than the 60ti', calendar day after the effective date of the contract.

4/2212013

40,000

14.801

301

2.000

2,000

4,000

500

500

2,500

3.000

84,872

84,872

FY 2013-2014 Ryan White Part B (FY 2014) Renewal Application

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FORM I: BUDGET SUMMARY

Applicant Name: DALLAS COUNTY HEALTH AND HUMAN SERVICES

Cost Categories DSHS Funds

Requested

Direct Federal

Part A,C,D,F

DSHS

State Services

Other State

Agency Funds*

Local Funding

Sources

*Letter(s) of good standing that validate the respondent's programmatic, administrative, and financial capability must be placed

other HIV

Funds

after this form if respondent receives any funding from state agencies other than DSHS related to this project If the respondent is a state agency or institution of higher education, letter(s) of good standing are not required. DO NOT include non-project related funding in column 3.

Total

Budget

4/22/2013 FY 2013-2014 Ryan White Part B (FY 2014) Renewal Application

w en

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FORM E: BUDGET SUMMARY

Applicant Name: IDALLAs CQUNTYHEALTH-A-ND HUMAN SERVicES ---- - ---

Total DSHS Funds Direct Federal Other State Local Funding Other Cost Categories Budget Requested Funds Agency Funds' Sources Funds

(1) (2) (3) (4) (5) (6)

Percentage of Funding 100% 13% 46% 29% 12% 0%

A. Personnel $ 679,494.00 $ - $ 401,569.00 $ 239,481.00 $ 38,444.00 B. FrinQe Benefits $ 218,690.00 $ - $ 117,413.00 $ 84,621.00 $ 16,656.00 C. Travel $ 55,239.00 $ - $ 35,864.00 $ 18,625.00 $ 750.00 D. Equipment $ 7,500.00 $ - $ 7,500.00 $ - $ -E. Supplies $ 34,200.00 $ - $ 22,000.00 $ 11,600.00 $ 600.00 F. Contractual $ 10,646,368.00 $ 1,576,387.00 $ 4,703,209.00 $ 2,988,052.00 $ 1,320,000.00 $ 58,720.00

G. Other $ 52,106.00 $ - $ 35,650.00 $ 14,801.00 $ 1,655.00

H. Total Direct Costs $ 11,693,597.00 $ 1,576,387.00 $ 5,323,205.00 $ 3,357,180.00 $ 1,378,105.00 $ 58,720.00

I. Indirect Costs $ 261,481.00 $ - $ 142,314.00 $ 84,872.00 $ 34,295.00 J. Total (Sum of H and I) $ 11,955,078.00 $ 1,576,387.00 $ 5,465,519.00 $ 3,442,052.00 $ 1,412,400.00 $ 58,720.00

K. Program Income - Projected Earnings $ - $ - $ - $ - $ - $ -

'Lelters of good standing that validate the respondent's programmatic, administrative, and financial capacity must be placed after this form if respondent receives any funding from state agencies other than DSHS related to this project. If the respondent is a state agency or institution of higher learning, letters of good standing are not required. DO NOT include funding from other state agencies in column 4 or Federal sources in column 3 that is not related to activities being funding by this DSHS project.

4(22/2013 FY 2013-2014 Stale Services (FY 20(4) Renewal Application

w "

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4/22/2013

38

FORM G: CATEGORICAL BUDGET JUSTIFICATION

Dallas County Health and Human Services FY 2014 HIV Health and Social Services (SS) Grants

Service Delivery Budget Contract Term: 09/01113 - 08/31/14

Administrative Agency (AA) expenditures are not supported by this contract. As of April 1, 2007, all AA administrative expenditures must be allocated to the AA contract.

A.

B.

C.

D.

E.

F.

Personnel

Fringe Benefits

Staff Travel

Equipment

Supplies

Contractual

I. Dallas HSDA (Various Subcontractors)

Contracts for HIV services awarded through a renewal process.

2. Sherman/Denison HSDA - Your Health Clinic

Contract for HIV services in Sherman~Denison awarded through a sole source process.

G. Other

H. TOTAL DIRECT COSTS

1. Indirect Cost

1. TOTAL BUDGET

Total for Direct Client Service Costs:

Dallas HSDA Sherman/Denison HSDA

Total for Subcontractor Administrative Costs:

Dallas HSDA ShennanlDenison HSDA

$

$

$

$

$

$ 1,576,387

$ 1,510,296

$ 66,091

$

$ 1,576,387

$

$ 1,359,266 59,482

$ 1,418,748

$ 151,030 6,609

$ 157,639

FY 2013·2014 State Services (FY 2014) Renewal Application

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",1'Y 0

B" '''" Dallas County ~if'~~ Health and Human Services ,~" Grants Management

l'lJ 01'''

Zachary Thompson Director

39

TO:

FROM:

COMMISSIONERS COURT

ZACHARY THOMPSON ~ DATE: MAY 7,2013

0',1 ,:\,,' \'OU""T'y i1~ r,d '" Pi COI'1111'~IPI';"R~ "OU"T ~! ,,,'1,,, .. I..' V f\

/3MM-1 AM/I: 13

SUBJECT: JUSTIFICATION FOR SAME DAY BRIEFING AND COURT ORDER

Due to the timeframes associated with the contract and Dallas County Commissioner's Court schedule, there is a need for a same day briefing and court order. The same day briefing and court order will enable DCHHS to quickly reimburse subcontractors for medical and support services rendered.

Attachments c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

2377 N, Stemmons Freeway Dallas, Texas 75207-2710

Suite 200, LB-16 Office (214) 819-1849 FAX (214) 819-6023

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)~>Y 0 D II C

B' y ~6"c a as ounty

~ ~ ~ Health and Human Services "¢"E OF ,,+'" Grants Management

ZACHARY S. THOMPSON DIRECTOR

TO: COMMISSIONERS COURT

40

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: MAY 7,2013

SUBJECT: FY 2013 DEPARTMENT OF STATE HEALTH SERVICES HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT

Court Order on Formal Agenda

Background of Issue The Dallas County Judge is the grantee and legal recipient of the Texas Department of State Health Services (DSHS) Housing Opportunities for Persons with AIDS (HOPW A) grant. Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for DSHS HOPW A funds. The purpose of these grant funds is to provide housing and related services to persons affected by the human innnunodeficiency virus (HIV) and individuals with acquired immunodeficiency syndrome (AIDS) who reside in the Dallas and Shennan/Denison Health Service Delivery Areas (HSDA) of Cooke, Fannin, and Grayson and Navarro counties. The FY 2013 contract between DSHS and DCHHS, Contract No. 2013-041066, is in the amount of $23,011. The Contract end date has been revised from August 31, 2013 to January 31, 2013.

The FY 2013 DSHS HOPWA award of$23,011 is designated funding to be contracted on a sole source basis to serve eligible individuals and families impacted by HIV/AIDS. Your Health Clinic (YHC) is allocated $22,573 to serve Cooke, Fannin, and Grayson Counties and the Dallas County Health and Human Services - HOPW A Unit is allocated $438 to serve Navarro County.

Fiscal Impact There is no fiscal impact on Dallas County.

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

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

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Housing Opportunities for Persons with AIDS/HIV (HOPW A) grant. The FY 2013 DSHS HOPWA grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV / AIDS by providing stable and affordable housing for persons living with HIV / AIDS.

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41

Commissioners Court - Page 2

Recommendation It is recommended that the Dallas County Commissioners Court approve the award of FY 2013 DSHS HOPWA contract funds in the amounts of $22,573 to Your Health Clinic, and $438 to Dallas County Health and Human Services - HOPW A Unit, as presented in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.

RECOMMENDED BY:

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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42

ATTACHMENT A

FY 2013 - 2014 DSHS HOPWA Award

AGENCY

Your Health Clinic

Dallas County Health & Human Services -

HOPWA Unit

4/3012013 F:\JocTIAward Ailocation\FY 2012·2013\DHOP\FY 2012 DSHS HOP Award.Att A

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DALLAS COUNTY HEALTH AND HUMAN SERVICES ADMINISTRATION

Zachary S. Thompson Director

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: May 7, 2013

43

SUBJECT: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) - TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PESTICIDES GENERAL PERMIT

BACKGROUND

Dallas County is a public entity (Operator) that uses general use pesticides (GUP) and due to the size of the County-wide pest management area of approximately 576,000 acres may treat more than 6,400 areas in one calendar year. Therefore, under the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXG87000, Dallas County is a Level 1 B Operator, which allows the discharge of biological or chemical pesticides that leave a residue in water when such applications are made into, over, or near waters of the U.S. The control of the mosquitoes and other insect pests, and area wide pests including nuisance and disease bornes mosquitoes are authorized under the TPDES general permit. Dallas County is required to submit a Self-Certification Form to the Texas Commission Environmental Quality Regional Office.

No annual report or fee is required for Level 1B Compliance (see pages 13-16 of the permit).

OPERATIONAL IMPACT

There is no operational impact to Dallas County.

FINANCIAL IMPACT

There is no financial impact to Dallas County.

LEGAL IMPACT

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

2377 Stemmons Freeway Suite 600 LB-12

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

,./"":? (~',:) ',~{)

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44

STRATEGIC PLAN COMPLIANCE

Commissioners Court May 7,2013

Page 2

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

RECOMMENDATION

It is recommended that the Dallas County Commissioners Court does hereby 1) approve the Texas Commission on Environmental Quality - Texas Pollutant Discharge Elimination System Pesticides General Permit, and 2) authorizes the County Judge to sign the Permit on behalf of Dallas County.

Recommended bY:?~ ~ Zii1<5hary T Ps;;:!rectOf

c: Darryl Martin, Court Administrator Virginia Porter, Auditor's Office

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45

Self Certification Form for Level IE under the TPDES General Permit TXG870000

If you apply pesticide to waters of the United States in Texas and are not required to submit a Notice ofIntent to be authorized under the pesticides general permit and you meet the annual pest management area threshold criteria, then you must complete this form and send it to the appropriate TCEQ Regional Office.

1) OPERATOR (A licant)

a) What is the Legal Name of the Permittee? DALLAS COUNTI HEALTH & HUMAN SERVICES

(The legal name must be spelled exactly as filed with the Texas Secretary of State, County, or in the legal document forming the entity.)

b) What is the Permittee's contact information and mailing address as recognized by the US Postal Service (USPS)?

Phone No.: (214) 819-2115 Ext: Fax No.: _________ _ E-mail: [email protected] Mailing Address: 2377 N. Stemmons Frwy #609 Internal Routing (Mail Code, ~""'}" _____ :--_____________ _ City: DALLAS State: TX ZIP COde:_7w;S"'2,,07L-__ _ If outside USA: Territory: Country Code: Postal Code: _____ _

2) OPERATOR TYPE AND PESTICIDE CATEGORY

Identify the operator type and pesticide category (select all that apply): 11] Public entity applying general use pesticide to waters of the U.S. where there is pnblic

access 11] Public entity applying general use pesticide to waters of the U.S. where there is private

access o Private entity applying general use pesticide to waters of the U.S. where there is pnblic access o Private entity applying general use pesticide to waters of the U.S. where there is only private access o Private entity applying Restricted or State-Limited Use Pesticide or Regulated Herbicide to waters of the U.S. where there is only private access

TCEQ-20604 (11/02/2011) Page 1

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46

31 PEST MANAGEMENT AREA ePMA) INFOffi\IIATION

Complete a) - e) for a single PMA. If there is more than one PMA, use Attachment I for additional copies.

a) What is the site name or identifier of the PMA? DALLAS COUN1Y

b) What is the county (or counties) where the PMA is located?

DALLAS

c) What is the classified segment number(s) of the water body(s) receiving the pesticide discharge within the Pest Management Area?

I 08

d) What is the name ofthe receiving water body(s) to receive the pesticide discharge?

DFW TRINITY RIVER BASIN

e) Identify the pesticide use pattem(s) for the PMA (select all that apply):

EJ Mosquito and Other Insect Pest Control o Vegetation and Algae Control o Animal Pest Control

EJ Area-wide Pest Control o Forest Canopy Pest Control

This operation qualifies for, and is authorized under, Part ILA.2 of the Texas Pollutant Discharge Elimination System (TPDES) general permit TXG870000, a general permit authorizing the discharge of biological pesticide or chemical pesticide that leaves a residue in water when such applications are made to or over, including near waters of the United States.

I, _______ C_I_a"-y_L_e:-w_i_s_J.,.ell_l_d.,.ll_s __________ C_o_u_n....,tY"--J_u_d"'ge ....... __ _ Typed or printed name Title

Certify under penalty of law that I have read and understood the eligibility requirements for claiming an authorization under Part ILA.2 of the TPDES general permit TXG870000 and agree to comply with the terms of this permit. I am aware there are significant penalties for providing false information or for conducting unauthorized pesticide discharges, including the possibility of fine and imprisonment for known violations. I further certify that I am authorized under 30 Texas Administrative Code 305-44 to sign and submit this document, and can provide documentation in proof of such authorization upon request.

Signature: __________________ _ Date: _______ _

TCEQ'20604 (11/02/2011) Page 2

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..

47

General Pel'mit No. TXG870000

This is a new General Permit

TEXAS COMMISSI.ON ON ENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN, TX 78711-3087

GENERAL PERMIT TO AUTHORIZE POINT SOURCE DISCHARGE OF BIOLOGICAL PESTICIDES AND CHEMICAL PESTICIDES THAT LEAVE A RESIDUE IN WATER

under provisions of Section 402 oftha Clean Water Act (CWA) and Chapter 26 of the Texas Water Code

This general permit authorizes the point SOUl'ce discharge of biological pesticides or chemical pesticides (including insecticides, nematicides, rodenticides, fungicides and herbicides) that leave a residue in water when such applications are made into or over, including near waters of the United States (U.S.) including exceptional, high, intermediate, limited or no significant aquatic life use receiving waters as designated in the Texas Surface Water Quality Standards only according to limitations, requirements and other conditions set forth in this general permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ}, the laws of the State of Texas, and other orders of the TCEQ (Commission). The issuance of this general permit does not grant to the permittee the right to use private or public property for the conveyance of wastewater along the discharge route. This includes properly belonging to, but not limited to, any individual, partnership, corporation or other entity. Neither does this general permit authorize any invasion of personal rights nor any violation of federal, state, or locallaws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary for the application of pesticides.

This general permit and the antholization contained harein shall expire at midnight on November 2, 2016.

EFFFEITIlE: November 2, 2011

ISSUED: NOV 0 4Z011

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48

TPDES GENERAL PERMIT NO. TXG870000

TPDES GENERAL PERMIT NO. TXG870000 RELATING TO THE POINT SOURCE DISCHARGE OF PESTICIDES TO WATERS OF THE U.S.

Table of Contents

Part I. Definitions ................................................................................................... 3

Part II. Permit Applicability and Coverage .............................................. 13 A. Categories of Authorized Pesticides Discharge .................................................... 13 B. Discharges Eligible for Authorization ................................................................... 16 C. Limitations on Coverage .......................................................................................... 17 D. Obtaining Authorization .......................................................................................... 19 E. Permit Expiration ..................................................................................................... 23 F. Terminating Coverage .............................................................................................. 24 G. Alternative TPDES Permit Authorization ............................................................. 24 H. Severability ................................................................................................................ 25

Part III. Level I Operators ................................................................................. 25 A. Applicability .............................................................................................................. 25 B. Effluent Limitations ................................................................................................. 25

1. Technology-Based Effluent Limitations ................................................................ 25 2. Water Quality-Based Effluent Limitations ........................................................ 28

C. Visual Evaluation Requirements ............................................................................ 29 D. Pesticide Discharge Management Plan ................................................................. 29 E. Recordkeeping .......................................................................................................... 34 F. Reporting and Notification ..................................................................................... 36

Part IV. Level II Operators ................................................................................. 40 A. Applicability .............................................................................................................. 40 B. Effluent Limitations ................................................................................................. 40

1. Technology-Based Effluent Limitations ................................................................ 40 2. Water Quality-Based Effluent Limitations ........................................................ 41

C. Visual Evaluation Requirement... ........................................................................... 41 D. Corrective Action ...................................................................................................... 41 E. Recordkeeping .......................................................................................................... 42 F. Reporting and Notification ..................................................................................... 43

Part V. Level III Operators ................................................................................ 44 A. Applicability .............................................................................................................. 44 B. Effluent Limitations ................................................................................................. 44 C. Recordkeeping and Reporting ................................................................................ 45

Part VI. Standard Permit Conditions ........................................................... 45

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TPDES GENERAL PERMIT NO. TXG870000

Part I. Definitions

The following words and terms, for the purposes of this general permit, shall have the following meanings.

Aetion Threshold - The point at which pest populations or environmental conditions cannot be tolerated necessitating that pest control action must be taken based on economic, human health, aesthetics, or other effects. An action threshold may be based on current and lor past environmental factors that are or have been demonstrated to be conducive to pest emergence and lor growth, as well as past and lor current pest presence. Action thresholds are those conditions that indicate both the need for control actions and the proper timing of those actions.

Aetive Ingredient - Any substance (or group of structurally similar substances if specified by the Executive Director) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator, desiccant, or defoliant within the meaning of Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) § 2(a) (7 U.S.C. § 136(a)). Active ingredient also means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of that pesticidal substance.

Adverse Ineident - An unusual or unexpected incident, that an operator has observed upon inspection or that the permittee or permitting authority otherwise becomes aware that:

(a) There is evidence that a person or non-target organism has likely been exposed to a pesticide or pesticide residue, and

(b) The person or non-target organism suffered a toxic or adverse effect documented by the appropriate TCEQ Regional Office.

Agents - Persons who act for the operator or representatives of the operator.

Best Management Practices (BMPs) - Best management practices are examples of control measures that may be implemented to meet effluent limitations. They are schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the U.S. BMPs also include treatment requirements, operating procedures, and practices to control spillage or leaks, or drainage from raw material storage.

Biological Control Agents -Organisms that can be introduced to a site for the control of a target pest, such as herbivores, predators, parasites, and hyperparasites.

Biologieal Pestieides (also called Biopestieides) - Include microbial pesticides, biochemical pesticides and plant-incorporated protectant. A microbial pesticide is a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or dessicant, that (1) is a eucaryotic

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TPDES GENERAL PERMIT NO. TXG870000

microorganism including, but not limited to, protozoa, algae, and fungi; (2) is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or (3) is a parasitically replicating microscopic element, including but not limited to, viruses. A biochemical pesticide is a pcsticidc that: (1) is a naturally-occurring substance or structurally-similar and functionally identical to a naturally-occurring substance; (2) has a history of exposure to hnmans and the environment demonstrating minimal toxicity, or in the case of a synthetically-derived biochemical pesticide, is eqnivalent to a naturally-occurring substance that has snch a history; and (3) has a non-toxic mode of action to the target pest(s). A plant-incorporated protectant is a pesticidal snbstance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. It also includes any inert ingredient contained in the plant or produce.

CFR - Code of Federal Regnlations.

Chemical Pesticides - All pesticides not otherwise classified as biological pesticides.

Control Measure - Any BMP or other method used to meet the effluent limitations to minimize the discharge of pollutants to waters of the U.S.

Cultural Methods - Manipulation of the habitat to increase pest mortality by making the habitat less suitable to the target pest.

CWA - Clean Water Act, also known as the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251-1387.

Cyanobacteria (blue green algae) - This is a group of unicellular photosynthetic organisms without a well-defined nucleus.

Declared Pest Emergency Situation - A public declaration by the federal, state, or a local government that has determined that there is a pest problem that requires control through the application of a pesticide for pest control beginning less than ten days after identification of the need for pest control based on:

(a) Significant risk to human health; (b) Significant economic loss; (c) Significant risk to:

(1) Endangered species, (2) Threatened species, (3) Beneficial organisms, or (4) The environment; or

(d) Significant threat to quality of life

Discharge - When used without qualification, means the "discharge of a pollutant."

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TPDES GENERAL PERMIT NO. TXG870000

Discharge of a Pollutant - Any addition of any "pollutant" or combination of pollutants to waters of the U.S. from any "point source," or any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft that is being used as a means of transportation. This includes additions of pollutants into waters of the U.S. from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

Edwards Aquifer - As defined in 30 TAC Chapter § 213.3 (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.

Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the TCEQ and the appropriate underground water conservation district. Also, see 30 TAC § 213.3.

Employees - Persons employed by the operator for wages or salary.

EPA Approved or Established Total Maximum Daily Loads (TMDLs) - "EPA Approved TMD Ls" are those that are developed by a State and approved by EP A. "EPA Established TMD Ls" are those that are issued by EPA.

FFDCA - Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-399a.

FIFRA - Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y.

Filamentous Algae - Algae that grows in long strings or mats in water.

For-Hire Commercial Applicator - Includes persons licensed by the Texas Department of Agriculture who make contractual pesticide applications that they or their employer receives compensation (e.g., lawn care firms, pest control companies).

General Permit - A permit issued under the provisions of 30 Texas Administrative Code (TAC), Chapter 205, authorizing the discharge of waste into waters of the U.S.

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TPDES GENERAL PERMIT NO. TXG870000

for one or more categories of waste discharge within a geographical area of the state or the entire state as provided by Texas Water Code (TWC) §26.040.

General Use Pesticide - Any pesticide that is typically purchased and used by the general public and does not meet the definition of restricted use pesticide, state limited use pesticide, or regulated herbicide in 4 TAC § 7.1.

Hydrophytic Vegetation - A plant growing in water or a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.

Inert Ingredient - Any substance (or group of structurally similar substances if designated by the Executive Director), other than an active ingredient that is intentionally included in a pesticide product. Inert ingredient also means any substance, such as a selectable marker, other than the active ingredient, where the substance is used to confirm or ensure the presence of the active ingredient, and includes the genetic material necessary for the production of the substance, provided that genetic material is intentionally introduced into a living plant in addition to the active ingredient.

Integrated Pest Management (IPM) - Is an effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. rPM uses current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage by the most economical means; and with the least possible hazard to people, property, and the environment.

Jurisdictional Boundary - the limits or territory within which authority may be exercised by the Operator.

Mechanical or Physical Methods - Mechanical tools, or physical alterations of the environment that target pest prevention or removal.

Minimize - To reduce or eliminate pesticide discharges to waters of the U.S. through the use of achievable control measures to the extent technologically available and economically practicable.

Non-Native Plants - A plant living outside of its natural or historical range of distribution. Not all non-native plants are considered to be noxious plants.

Non-target Organisms - Includes the plant and animal hosts of the target species, the natural enemies of the target species living in the community, and other plants and animals, including vertebrates, living in or near the community that are not the target of the pesticide.

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TPDES GENERAL PERMIT NO. TXG870000

Notice of Change (NOC) - A written submission to the Executive Director from a permittee authorized under a general permit, providing any changes to information previously provided to the Commission, or any changes with respect to the nature or operations of the regulated entity or the characteristics of the discharge. Notice ofIntent (NOI) - A written submission to the Executive Director from an applicant requesting coverage under the terms of this general permit.

Notice of Termination (NOT) - A written submission to the Executive Director from a permittee authorized under a general permit requesting termination of coverage under the general permit.

Operator - The person legally responsible for pest management activities resulting in the discharge of pesticides to waters of the u.s. Legally responsible in this context means the person who controls the timing, location, method and means of pest management. Employees, agents and for-hire commercial applicators are not operators but, if hired by an operator covered under the general permit, such employees, agents and for-hire commercial applicators will be authorized and covered under the general permit without the need to obtain individual coverage. However, for-hire commercial applicators, acting on their own accord without consultation with the landowner, are operators for purposes of this general permit if they are legally responsible for pest management activities and must individually seek coverage under the general permit as operators.

Permittee - Any person authorized under this general permit. Permittee also includes any person hired by or under contract with an operator covered under the general permit.

Pest -Any organism under circumstances that make it deleterious to man or the environment and if it is:

(a) Any vertebrate animal other than humans; (b) Any invertebrate animal, including but not limited to, any insect, other

arthropod, nematode, or mollusk such as a slug and snail, but excluding any internal parasite of living humans or other living animals;

(c) Any plant growing where it is not wanted, including any moss, algae, liverwort, or other plant of any higher order, and any plant part such as a root; or

(d) Any fungus, bacterium, virus, or other microorganism, except for those on or in living humans or other living animals and those on or in processed food or processed animal feed, beverages, drugs (as defined in FFDCA § 201(g)(1)), 21 U.S.C. § 321(g)(1), and cosmetics (as defined in FFDCA § 201(i), 21 U.S.C. § 321(i)).

Pest Management Area - A contiguous area ofland, including any waters of the U.S., where the permittee is responsible for and is authorized to conduct pest management activities as covered by this permit (e.g., for an operator who is a mosquito control district, the pest management area is the total area of the district).

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TPDES GENERAL PERMIT NO. TXG870000

Pest Management Strategy - An action or no action, taken to reduce the population of target pests below the action threshold.

Pesticide -Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, or any nitrogen stabilizer. The term does not include any article that is a "new animal drug" within the meaning of§ 201(W) of the FFDCA (21 U.S.C. § 321(W» that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of § 201(X) of that Act (21 U.S.C. § 321(X» bearing or containing a new animal drug. The term also does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on those products) for use on a critical or semi-critical device, as defined in FFDCA § 201 (21 U.S.C. § 321). For purposes of the preceding sentence, the term "critical device" includes any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term "semi-critical device" includes any device that contacts intact mucous membranes, but that does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. [FIFRA § 2(n), 7 U.S.C. § 136(u)]. The term also applies to insecticides, herbieides, fungicides, rodenticides, and various other substances used to control pests. The definition encompasses all uses of pesticides authorized under FIFRA, including uses authorized under §§ 3 (registration of pesticides, 7 U.S.C. § 136a), S (experimental use permits, 7 U.S.C. § 136c), 18 (exemptions of Federal and State agencies, 7 U.S.C. § 136p), 24(c) (authority of States, additional uses, 7 U.S.C. § 136v(c», and 2S(b) (authority of Administrator, exemption of pesticides, 7 U.S.C. § 136w(b».

Note: Drugs used to control diseases of humans or animals (such as livestock and pets) are not considered pesticides; those drugs are regulated by the Food and Drug Administration. Fertilizers, nutrients, and other substances used to promote plant survival and health are not considered plant growth regulators and thus, are not pesticides. Biological control agents, except for certain microorganisms labeled as pesticides, are exempted from regulation as pesticides under this general permit and FIFRA. (Biological control agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic wasps, fish, etc).

This permit uses "pesticide" when referring to the pesticide as applied. When referring to the chemical in the pesticide product with pesticidal qualities, the permit uses the term "active ingredient."

Pesticide Product - A pesticide in the particular form (including composition, packaging, and labeling) that the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.

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TPDES GENERAL PERMIT NO. TXG870000

Pesticide Use Patterns - The pesticide use patterns describe the type of pests being controlled and / or the location and method of pesticide application.

Pesticide Researeh and Development - Activities undertaken on a systematic basis to gain new knowledge (research), or the application of research findings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development). These types of activities are generally categorized under the four-digit code of 5417 under the 2007 North American Industry Classification System.

Pesticide Residue - Includes that portion of a pesticide application that is discharged from a point source to waters of the U.S. and no longer provides pesticidal benefits but which may impact non-target species. It may include the pesticide and degradates of the pesticide.

Phytoplankton - Photosynthetic plankton, mainly unicellular algae.

Point Source - Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff or nonpoint source silvicultural activities.

Political subdivision - A county, municipality, special district, school district, junior college, district, housing authority, or any other legally established political subdivision of the state.

Pollutant - Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. For purposes of this definition, a "biological pesticide" is considered a "biological material," and any "pesticide residue" resulting from use of a "chemical pesticide" is considered a "chemical waste."

Potentially Invasive Plants - Plants that are not indigenous to Texas, and have been shown to have invasive tendencies.

Private Entity - A person who is not defined as a public entity.

Public Access - Land owned by a public entity.

Public Entity - A Federal, State, city, district, or other political subdivision including a school district, university, public utility (e.g., electric, water, gas), a special district such as a mosquito control district, or a similar entity; an Indian tribe or authorized Indian tribal organization (e.g., as identified by category code 92 in the 2007 NAICS, and government establishments engaged in other sectors including but not limited to

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category codes 22 (Utilities) and 71 (Arts, Entertainment, and Recreation) in the 2007 NAICS).

Regulated Herbieide - A herbicide product that contains any of the following active ingredients:

(a) 2,4-dichlorophenoxyacetic acid (2,4-D) (b) 2-methyl-4-chlorophenoxyacetic acid (MCPA) (c) 3,6-dichloro-o-anisic acid (dicamba) (d) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac)

Formulations containing the active ingredients listed above are exempt from being classified as regulated herbicides if they meet one of the following criteria:

(1) Specialty fertilizer mixtures that are labeled for ornamental use and registered in the Texas Agriculture Code, Chapter 63, concerning Commercial Fertilizer; or

(2) Products that are ready for use and require no further mixing or dilution before use and are packaged in containers with a capacity of one gallon or less for liquid formulations and four pounds or less for dry or solid materials.

Restricted-Use-Pestieide - A pesticide classified as a restricted-use pesticide by the United States Environmental Protection Agency.

State-Limited-Use Pestieide - Any pesticide product that contains any of the following active ingredients:

(a) 2,4-dichlorophenoxyacetic acid (2,4-D) (b) 2,4-dichlorophenoxy butyric acid (2,4-DB) (c) 2,4-dichlorophenoxy propionic acid (2,4-DP) (d) 2-methyl-4-chlorophenoxyacetic acid (MCPA) (e) 3,6-dichloro-o-anisic acid (dicamba) (f) 3,4-dichloropropionanilide (propanil) (g) s-bromo-3-sec-butyl-6-methyluracil (bromacil) (h) 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon) (i) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac) Gl Devices using the active ingredients sodium fluoroacetate (Compound 1080)

and sodium cyanide, in any quantity, for livestock predation.

TAC - Texas Administrative Code.

Target Pest - The organism toward which pest control measures are being directed.

Total Maximum Daily Loads (TMDLs) - The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. See 30 TAC § 307.3.

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TPDES GENERAL PERMIT NO. TXG870000

Toxic or Adverse Effects - Effects that occur within waters of the U.S. on non­target plants, fish or wildlife that are unusual or unexpected as a result of exposure to a pesticide residue (e.g., effects to organisms not otherwise described on the pesticide product label or otherwise not expected to be present). Adverse effects to small organisms may not be directly observable.

Texas Pollutant Discharge Elimination System (TPDES) Permit - The state program for issuing, amending, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under the Clean Water Act §§ 307,402,318, and 405, the Texas Water Code (TWC), and the Texas Administrative Code (TAC) regulations.

Treatment Area - An area of land, including any waters of the U.S., within a pest management area where pesticides are being applied at a concentration that is adequate to control the targeted pests within that area. Multiple treatment areas may be located within a single "pest management area." For discharges with the pesticide use pattern of Area-Wide Pest Control Area, a single pest mauagement area will be considered a treatment area.

Pest Management Area I (1 "------II /1-1

"'1: I

"

U.S.C. - United States Code.

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TPDES GENERAL PERMIT NO. TXG870000

Water's Edge - The surface area of the channel that is not covered by water during low flow conditions immediately bordering: (1) waters of the U.S., or (2) a conveyance to waters of the U.S. along which water (e.g., runoff, irrigation waters, or floodwaters) flows. Waters of the United States (waters of the U.S.): EPA regulations at 40 CFR 122.2 define Waters of the United States as follows:

(a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;

(b) All interstate waters, including interstate "wetlands;" (c) All other waters such as intrastate lakes, rivers, streams (including

intermittent streams), mudflats, sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (i) That are or could be used by interstate or foreign travelers for

recreational or other purposes; (ii) From which fish or shellfish are or could be taken and sold in interstate

or foreign commerce; or (iii) That are used or could be used for industrial purposes by industries in

interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United

States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) ofthis

definition; (f) The territorial sea; and (g) "Wetlands" adjacent to waters (other than waters that are themselves

wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Aet (other than cooling ponds as defined in 40 CFR Part 423.1l(m) that also meet the criteria of this definition) are not waters of the U.S. "Waters ofthe U.S." does not inclnde prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.

Exceptions: For pnrposes of this general permit, waters of the U.S. does not include playa lakes, stock ponds, other isolated wetlands, or conveyances without a hydrologic surface connection to waters of the U.S.

Water Quality Standards - As defined in 30 TAC §307.

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TPDES GENERAL PERMIT NO. TXG870000

Part II. Permit Applicability and Coverage

A. Categories of Authorized Pesticide Discharges

This permit covers the following groups of operators:

1. Level IA: Operators that meet the following criteria:

(a) public entities applying Restricted Use Pesticides (RUP), State Limited Use (SLU) Pesticides or Regulated Herbicides (RH) to waters of the U.S. where there is public or private access or private entities applying RUP or SLU pesticide or RH to waters ofthe U.S. where there is public access; and

(b) who meet the threshold for one of the following pesticide use patterns in one calendar year:

(i) Mosquito and Other Insect Pests Control- Operators treating a pest management area greater than or equal to 6,400 acres and containing waters of the U.S.;

(ii) Vegetation and Algae Pest Control- Operators treating a treatment area greater than or equal to 100 acres in water or greater than or equal to 200 linear miles at water's edge;

(iii) Animal Pest Control- Operators treating a treatment area greater than or equal to 100 acres in water or greater than or equal to 200 linear miles at water's edge;

(iv) Area-wide Pest Control- Operators treating a pest management area greater than or equal to 6,400 acres and containing waters of the U.S.; or

(v) Forest Canopy Pest Control- Operators treating a pest management area greater than or equal to 6,400 acres and containing waters of the U.S.

2. Level IE: Operators that meet the following criteria:

(a) public entities applying general use pesticides (GUP) to waters of the U.S. where there is public or private access, private entities applying GUP to waters of the U.S. where there is public access, or private entities applying GUP, RUP or SLU pesticide or RH to waters of the U.S. where there is only private access; and

(b) who meet the pesticide use pattern thresholds in Part ILA.1(b).

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TPDES GENERAL PERMIT NO. TXG870000

3. Level II: Operators that meet the following criteria:

(a) Public or private entities applying RUP or SLU pesticides or RH to waters of the U.S. where there is public or private access, or public or private entities applying GUP to one (1) acre or more of waters ofthe U.S. in one calendar year where there is public or private access; and

(b) who do not meet the pesticide use pattern thresholds in Part II.A.1(b).

4. Level III: Operators that meet the following criteria:

(a) Public or private entities applying GUP regardless of the number of applications, to less than one (1) acre of waters of the U.S. in one calendar year where there is pnblic or private access; and

(b) who do not meet the pesticide use pattern thresholds in Part II.A.1 .(b).

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TPDES GENERAL PERMIT NO. TXG870000

PESTICIDES GENERAL PERMIT REQllREMENT MATRIX

LoCATION OF USE

Use by public entities where there is either public or private access (Examples: State Agencies, Cities and Counties)

OR

TYPEOFPESTlCIDE USED

Restricted or State­Limited Use Pesticide or Regulated Herbicide

- ePermit TCEQ HQ ** Aunual report required Operator must bc licensed by TDA Fees: NO! - $100 paper or $75 ePermit; Aunual - . 100 with $500 cap for

Above Annual Threshold Use by private entities where

there is public access General Use Pesticide Level IB Compliance - no annual report

Self Certification Form to TCEQ (Examples: control

Use by private entities where there is only private access (Examples: farmers on stock ponds or creeks) homeowner's association around lake; pest control company doing nuisance insect control in neighborhoods)

Restricted or State­Limited Use Pesticide or Regulated Herbicide

General Use Pesticide

Restricted or State-Limited Use Pesticide or Regulated Herbicide

Below Annual Threshold (No NO! Required)

General Use Pesticide 1 acre of Waters ofthe U.S. or more

General Use Pesticide Less than 1 acre of Waters ofthe U.S.

Regional Office No fees

Level IE Compliance - no annual report Self Certification Form to TCEQ Regional Office Operator must be licensed by TDA No fees

Level IE Compliance - no annual report Self Certification Form to TCEQ Regional Office No fees

I Level II Compliance i Self Certification Form (Onsite) I must be licensed by TDA I , , Level II Compliance

Self Certification Form (Onsite) No fees

Level II! Compliance No fees

HSingle Pest Management Area NOI; or Public or private entities with more than five (5) pest management areas within a single county or a county whose pest management area is the same as its jurisdictional boundary may submit a single NOI for a county~wide NOI; or if a person or an entity has more than ten (10) pest management areas within the state the person or entity can apply for state-wide NOI.

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TPDES GENERAL PERMIT NO. TXG870000

B. Discharges Eligible for Authorization

This permit is available to operators who discharge to waters of the u.s. from the application of biological pesticides or chemical pesticides that leave a residue in water when such applications are made into or over including near waters of the US when the pesticide application is for one of the following pesticide use patterns:

1. Mosquito and Other Insect Pests Control.

Pesticide applications to control mosquitoes and nuisance insect pests, such as Mayflies, Caddisflies, Stoneflies or Black flies, that develop or are present during a portion of their life cycle in or above standing or flowing water.

2. Vegetation aud Algae Pest Control.

Pesticide applications to control invasive or nuisance vegetation, algae and pathogens in waters of the U.S. and at water's edge, including, but not limited to, free-floating plants such as duck weed or watermeal, emergent plants such as cattails, noxious weeds, non-native and potentially invasive plants, filamentous algae, Cyanobacteria, or phytoplankton.

3. Animal Pest Control.

Pesticide applications to control invasive or nuisance animals in waters of the U.S. and at water's edge. Nuisance animals include, but are not limited to, fish, lampreys, insects, mollusks, rodents or pathogens.

4. Area-Wide Pest Control.

Aerial and ground application of a pesticide to control the population of a target pest where control technologies over large areas are most effective to avoid substantial and widespread economi'. or social impact. These efforts involve aerial and ground pesticide applications to areas that include a wide range of diverse habitats such that a portion of the pesticide applied will unavoidably be applied over and deposited to waters of the u.s. to target the pests effectively. Examples include, but are not limited to, aerial crop dusting, aerial and ground application for the control of nuisance and disease borne mosquitoes using pesticides, ground application of pesticides for the maintenance of rights-of-ways, drainage ditches, and other governmental infrastructure for crucial functions of health and safety; urban landscaping, treating orchard pests, or controlling fruit flies.

5. Forest Canopy Pest Control.

Aerial and ground application of a pesticide over a forest canopy to control the population of a pest species (e.g., insect or pathogen) where to target the

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pests effectively a portion of the pesticide unavoidably will be applied over and deposited into water. Examples include, but are not limited to, spraying trees to control target pest like aphids or pecan weevils, using pesticides to manage vegetation in forested stands or those planned for reforestation, using herbicides to manage vegetation to maintain right of ways, or application of pesticides for fungi, insects, weed or vertebrate pests in forest trees management.

C. Limitations on Coverage

Irrigation return flows from agriculture or agricultural stormwater runoff or nonpoint source silvicultural activities is exempt from this permit even when they contain pesticides or pesticide residues. The CW A specifically exempts these categories of discharges from requiring TPDES permit coverage. The following discharges otherwise subject to this permit are not eligible for coverage under this permit and the operator must apply for an individual permit or be covered by another applicable general permit prior to discharging.

1. Discharges other than use patterns listed in Part ILB.

2. Discharges to Water Quality-Impaired Receiving Waters. Impaired waters for the purposes of this permit include both waters with EPA-approved and EPA-established Total Maximum Daily Loads (TMDLs) and waters for which EPA has not yet approved or established a TMDL.

(a) Discharges of the constituent(s) of concern to impaired water bodies when there is an EPA approved TMDL and TCEQ approved TMDL implementation plan are not eligible for this permit unless they are consistent with the EPA approved TMDL and the TCEQ TMDL implementation plan. Constituents of concern are those for which the water body is listed as impaired.

(b) The Executive Director may amend this general permit or develop a separate general permit for discharges to these water bodies. For discharges not eligible for coverage under this permit, the discharger must apply for and receive an individual permit or other applicable general permit authorization prior to discharging.

3. Discharges to Waters Designated as Tier 3 for Antidegradation Purposes

An operator is not eligible for coverage under this permit for discharges to waters designated as Tier 3 (outstanding natural resource waters) for anti­degradation purposes under 30 TAC §307.S(b)(3).

4. Discharges Currently or Previously Covered by Another Permit

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An operator is not eligible for coverage under this permit if any of the following circumstances apply:

(a) Discharge of pesticides are currently covered under another TPDES permit; or

(b) Discharges from activities where any TPD ES permit has been or is in the process of being denied, terminated, or revoked by TCEQ (this does not apply to the routine reissuance of permits every five years).

5. Discharges are not eligible for authorization under this general permit if prohibited by:

(a) 30 TAC Chapter 311 (relating to Watershed Protection);

(b) 30 TAC Chapter 213 (relating to Edwards Aquifer); or

(c) any other applicable rules or laws.

6. Compliance with Water Quality Standards

Discharges that would cause or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses of receiving waters are not eligible for coverage under this general permit. The Executive Director may require an application for an individual permit or alternative general permit to authorize discharges of pesticides that are determined to cause a violation of water quality standards or are found to cause, or contribute to, the loss of a designated use of receiving waters.

7. Denial of Authorization

(a) The Executive Director may deny an application for authorization under this general permit, and may require that the applicant apply for an individual permit or alternative general permit if the Executive Director determines that the discharge will not maintain existing uses of receiving waters.

(b) The Executive Director may deny a Nor or revoke authorization under this general permit if the applicant submits any false information in a NO!.

(c) The Executive Director may deny, cancel, revoke, or suspend authorization to discharge under this general permit based on a finding of historical and significant noncompliance with the provisions of this general permit.

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(d) Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit will be done according to Commission rules in 30 TAC § 205-4 (relating to General Permits for Waste Discharges).

(e) Any operator that has a customer classification that is a poor performer under 30 TAC § 60 (relating to Compliance History) is not eligible for coverage under this general permit and must be authorized under an individual permit.

D. Obtaining Authorization

1. Operators Required to Submit a Notice of Intent (Nor).

If all the following conditions are met, the operator shall submit a Nor to obtain authorization under this permit:

(a) The operator meets the criteria in Part ILA.1;

(b) The operator meets the criteria in Part ILB.; and

(c) The operator is not prohibited in Part II.C.

2. Application for Authorization to Discharge

(a) Submission of a Nor is an acknowledgment that the conditions of this general permit are applicable to the proposed discharge, and that the applicant agrees to comply with the conditions of this general permit.

(b) The NOI must contain all information as prescribed on forms provided by the Executive Director.

(c) The operator shall submit a NOI for each pest management area that meets the requirements of Part II.A.l. Public or private entities with more than five (5) pest management areas within a single county or a county whose pest management area is the same as its jurisdictional boundary may submit a single Nor for a county-wide permit. Persons or entities with more than ten (10) pest management areas may submit a single NOI for a statewide permit.

(d) An operator may submit a NO! to TCEQ using the electronic Notice of Intent (eNOl) system accessible at http://www.tceQ.texas.govorpaper form.

(e) Following review of the NOI, the Executive Director will either confirm coverage by providing a notification and an authorization number to

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the applicant or notify the applicant that coverage under this general permit is denied.

(f) A copy of the NOI, along with any correspondence from the Executive Director confirming permit coverage, must be retained at the address provided in the NOr.

3. Contents of the NOI

The NOr form must require, at a minimum, the following information:

(a) the legal name, address and telephone number of the applicant;

(b) the site name or identifier of the Pest Management Area(s);

(c) the name of the water body (receiving waters) and TCEQ 4-digit Segment Number that will receive the pesticide discharge;

(d) the county where the Pest Management Area is located;

(e) the contact and contact address for the PDMP;

(f) the pesticide use pattern(s); and

(g) certification that the PDMP will be prepared and implemented.

4. Discharge Authorization Date

(a) Applicants seeking authorization to discharge under this general permit shall submit a completed notice of intent (NOl) or a completed Self Certification Form, as applicable, on a form approved by the Executive Director. Applications are not required for facilities that are automatically authorized under this general permit. Provisional authorization to discharge under the terms and conditions of this general permit begins 48 hours after a completed NOI is postmarked for delivery to the TCEQ. For electronic submittal of NOIs, provisional authorization to discharge under the terms and conditions of this general permit begins immediately following confirmation of receipt of the electronic Nor by the TCEQ.

Following review of the NOl, the Executive Director will: 1) determine that the Nor is complete and confirm coverage by providing a written notification and an authorization number; 2) determine that the Nor is incomplete and request additional information needed to complete the Nor; or 3) deny coverage in writing. Denial of coverage will be made in accordance with TCEQ rules related to General Permits for Waste Discharges, 30 TAC §20S-4.

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(b) In response to a declared pest emergency situation, authorization to discharge under the terms and conditions of this permit is effective immediately for the area of the declared pest emergency situation and a Nor must be submitted by paper no later than 30 days after commencement of the discharge.

(c) Upon issuance of this general permit, operators that are required to submit a Nor or Self Certification Form have provisional authorization from the effective date of this permit until 90 days after the effective date of this permit. Within 90 days of the effective date of this general permit operators that are required to submit a NOI or Self Certification Form shall submit such documentation for continued coverage. Failure to submit a NOJ or Self Certification Form by the deadline will result in expiration of the provisional authorization to operate under the general permit.

5. Fees

(a) An application fee must be submitted with the NOr.

(1) $100 if submitting a paper NOl, or

(2) $75 if submitting by online e-permitting.

(b) Annual Water Quality Fees:

(1) $100 for a pest management area, or

(2) $500 for a county-wide or statewide permit.

(c) A fee is not required for submission of a Notice of Change (NO C) or Notice of Termination (NOT).

6. Revocation ofIndividual Permit

For facilities authorized under an individual permit, the snbmittal of a NOJ constitutes the applicant's intent to be authorized under this general permit and also serves as a request to voluntarily revoke coverage under the individnal permit. The individual permit will be revoked following issuance of the acknowledgment letter providing coverage under the general permit.

7. Change of Operational Control

Authorization under this general permit is not transferable. If the operational control of the pest management area changes, the present permittee shall submit a NOT and the proposed permittee, shall submit a

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NO!. The NOT and NOI must be submitted not later than 10 days prior to the change in operational control. Any change in a permittee's Charter Number, as registered with the Texas Secretary of State, or any change in the entity status is considered a change in ownership of the company and would require the new permittee to apply for permit coverage as stated above. If the NOT and NOI are submitted as required under this provision, there will be no lapse in authorization.

8. Notice of Change

A NOC form must be submitted with supplemental or corrected information within 14 days following:

(a) the time when the permittee knows or should have known that the permittee failed to submit any relevant facts or submitted incorrect information in the NOr; or

(b) the time when relevant facts in the NOI change, including but not limited to: permittee address, permittee phone number, the addition or removal of a pest management area, the site name or identifier of the Pest Management Area, a change in the location of records for the pest management area, a change in the location ofthe PDMP, or a change in the contact or contact address for the PDMP.

9. Operators Not Requircd to Submit a NOI

Operators that meet the following requirements may be authorized under this general permit and are not required to submit a Notice of Intent, unless otherwise required by the Executive Director:

(a) The operator does not meet the criteria in Part H.A.l.;

(b) The operator meets the eligibility provisions outlined in Part ILB.;

(c) The operator is not prohibited from authorization under this general permit in Part ILC;

(d) The operator complies with applicable reqnirements of this permit; and

(e) The operator complies with the self certification requirements below:

(1) Operators that meet the criteria in Part ILA.2, must complete a self certification form and submit it to the appropriate TCEQ Regional Office.

(2) Operators that meet the criteria in Part II.A.3, must complete a self certification form and keep it onsite.

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(3) Operators that meet the criteria in Part II.A.4 are not required to complete a self certification form.

E. Permit Expiration

1. Permit Term

This general permit is effective for five years from the date of issuance. Authorizations for discharge under the provisions of this general permit may be issued until the expiration date of the general permit. This general permit may be amended, revoked, or cancelled by the Commission after notice and comment as provided by 30 TAC §§ 205.3 and 205.5.

2. Permit Renewal

If the Commission proposes to reissue this general permit before the expiration date, the general permit will remain in effect after the expiration date for those existing discharges covered by the general permit in accordance with 30 TAC Chapter 205. The general permit will remain in effect for these discharges until the date on which the Commission takes final action on the proposal to reissue this general permit. No new NOIs will be accepted or new authorizations honored for authorization nnder the former general permit after the expiration date.

3. Application following Renewal

Upon issuance of a renewed or amended general permit, all operators, including those covered nnder the expired general permit, shall submit a NOI or NOT in accordance with the requirements of the renewed or amended permit or submit an individual permit application, within 120 days after the effective date of the renewed or amended general permit. Failure to submit a NOI or NOT by the deadline will result in expiration of the existing authorization to operate under the general permit.

4. Expiration withont Renewal

According to 30 TAC § 205.5(d) (relating to Permit Dnration, Amendment, and renewal), if the Commission has made a determination that the general permit will not be renewed at least 90 days before the expiration date, permittees authorized under this general permit shall submit an application for an individual permit or alternative general permit before the expiration date. If the application for an individual permit or alternative general permit is submitted before the general permit expiration date, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit or alternative general permit.

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F. Terminating Coverage

1. A permittee shall terminate coverage under this general permit through the submittal of a NOT, on a form approved by the Executive Director, when the permittee changes; the discharge becomes authorized under an individual permit or alternative general permit; or when the permittee determines that the annual threshold in Part ILA.1.(b) will not be exceeded during the remainder of the permit term.

Authorization to discharge terminates at midnight on the day that a NOT is postmarked for delivery to the TCEQ. If TCEQ provides for electronic submission of NOTs, then authorization to discharge terminates immediately following confirmation of receipt of the electronic NOT form by the TCEQ.

2. Operators covered under this permit that are not required to submit a NOI are terminated from permit coverage when they no longer have a discharge from the application of pesticides. These operators are not required to submit a NOT to terminate permit coverage.

G. Alternative TPDES Permit Authorization

1. Individual Permit Alternative

Discharges eligible for authorization under this general permit may alternatively be authorized by an individual permit according to 30 TAC Chapters 281 and 305 (relating to Applications Processing and Consolidated Permits).

2. Transfer of an Authorization Type

When an individual TPD ES permit is issued or authorization to discharge under an alternative TPDES general permit is granted to discharge a pollutant to a waters of the U.S. as a result of a pesticide application, the authorization to discharge under this permit is terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit.

Discharges from facilities currently authorized by a TPDES individual permit, and discharges from facilities currently authorized under another TPDES general permit, may only be authorized under this TPDES general permit if the following conditions are met:

(a) The discharges meet the applicability and eligibility requirements for coverage under this general permit;

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(b) The current individual permit does not contain numeric water quality­based effluent limitations for the discharge (unless the discharges that resulted in the limitations have ceased and any contamination that resulted in these limitations is remored or remediated);

(c) The Executive Director has not determined that continued coverage under an individual permit is required based on consideration of a total maximum daily load (TMDL) model, antibacksliding policy, history of substantive noncompliance, or other site-specific considerations;

(d) A previous application or permit for the discharge has not been denied, terminated, or revoked by the Executive Director as a result of enforcement or water quality related concerns. The Executive Director may pfovide a waiver to this provision based on new circumstances at the pest management area, or if there is a new operator; and

(e) The authorization to discharge under a current individual permit or alternative general permit will be terminated or canceled on the effective date of coverage under this permit.

H. Severability

The provisions of this general permit are severable and invalidation of a portion of this permit does not render the whole permit Of the remainder of the permit invalid. The Commission's intent is that the permit is to remain in effect to the extent possible; in the event that any part of this permit is invalidated, TCEQ will advise the regulated community as to the effect of this invalidation.

Part III. Level I Operators.

A. Applicability

The requirements in this Part apply to operators that meet the criteria in Part II.A.l or Part II.A.2, except as noted.

B. Effluent Limitations

1. Technology-Based Effluent Limitations

(a) Minimize Pesticide Discharges into Waters of the United States

Permittees shall develop and implement control measures to minimize discharges resulting from application of pesticides to waters of the U.S. to the extent achievable using best management practices that are technologically available and economically practicable and achievable. To minimize discharges resulting from application of pesticides, operators shall:

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(1) In accordance with state law and the pesticide label, use only the amount of pesticide and frequency of pesticide applicatious necessary to control the target pest, using equipment and application procedures appropriate for this task. In no case exceed the maximum application rate, established under FIFRA, referenced on the pestieide product label. To minimize the total amount of pesticide applied, the operator shall consider different application rates, frequencies, or both to accomplish effective control in accordance with the following:

(i) Base the rate of application on what is known to be effective against the target pest or as necessary for resistance management; and>

(ii) Base the frequency of applications on target pest action thresholds to provide effective and economical control and to prevent unnecessary impact on non-target organisms.

(2) Maintain pesticide application equipment in proper operating condition including requirement to calibrate, clean, and repair such equipment and prevent leaks, spills, or other unintended discharges; and

(3) Assess weather conditions (e.g. temperature, precipitation and wind speed) in the treatment area to ensure application is consistent with all applicable federal requirements.

(b) Integrated Pest Management (IPM) Praetices

Permittees that discharge pollutants as a result of the application of pesticides for the sole purpose of pesticide research and development are not required to fully implement Part III.B.lo(b) for discharges resulting from those pesticide research and development activities bnt shall implement Part IILB.1.(b) to the extent that its requirements do not compromise the research design. The discharge may not result in an exceedance of the state water quality standards or criterion, whether narrative or numeric. All other permittees shall comply with the following requirements for each pesticide use pattern.

Prior to the first pesticide application and at least once each calendar year thereafter during which a permittee will have a discharge, the permittee shall develop and implement written integrated pest management practices to comply with the non-numeric effluent limitations in the permit for each treatment area and pesticide use pattern as follows:

(1) Identify the problem.

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(i) Identify target pests;

(ii) Establish target pest densities or identify environmental condition(s), either current or based on historical data that serve as action threshold(s) for implementing pest management strategies;

(iii) Establish procedures to determine target pest densities;

(iv) For Vegetation and Algae Pest Control and Animal Pest Control:

a. Identify possible factors causing or contributing to the target pest problem (e.g., nutrients, invasive species, etc); and

b. Identify areas with target pest problems and characterize the extent of the problems, including, for example water use goals not attained for wildlife habitat, fisheries, vegetation, and recreation.

(v) For Mosquito and Other Insect Pests Control:

a. Identify known breeding sites for source reduction, larval control, and habitat management; and

b. Analyze existing surveillance data to identify new or unidentified sources of mosquito or other nuisance insect pest problems as well as sites that have recurring pest problems.

(vi) For Area-Wide Pest and Forest Canopy Pest Controls:

a. Identify current distribution of the target pest and assess potential distribution in the absence of control measures; and

b. Develop a species-specific control strategy based on developmental and behavioral considerations for each target pest.

(2) Pest Management Strategies. The permittee shall evaluate, select and implement one or more of the following management strategies that successfully minimizes discharges of pesticides, while considering effectiveness and efficiency, impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

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(i) No action

(ii) Prevention

(iii) Mechanical or physical methods

(iv) Cultural methods

(v) Biological control agents

(vi) Pesticide application

(3) Pesticide Use. If pesticide application is used as a pest management strategy, the permittee shall:

(i) Apply pesticide only when the action threshold(s) have been met or disease is present;

(ii) Reduce the impaet on the environment and non-target organisms by evaluating the restrictions, application timing, and application methods in addition to applying the pesticide only when the action thresholds have been met;

(iii) For Mosquito and Other Insect Pest Control:

a. In situations or locations where practicable and feasible for efficacious control, use larvicides as a preferred pest control when the larval action thresholds have been met; and

b. In situations or locations where larvicide use is not practicable or feasible for efficacious control, use adulticides when adult action thresholds have been met.

(iv) For Area-Wide Pest and Forest Canopy Pest Controls: Use pesticides against the most susceptible developmental stage.

2. Water Quality-Based Effluent Limitations

(a) Any discharge that causes or contributes to an excursion of any applicable numeric or narrative water quality standard is prohibited and is a violation ofthis permit.

(b) If at any time a permittee beeomes aware, or the Executive Director determines, that the discharge causes or contributes to an excnrsion of

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an applicable water quality standard, then the permittee shall take corrective action.

(c) The Executive Director may require a permittee to obtain coverage under an individual permit as necessary to protect water quality.

C. Visual Evaluation Requirements

Permittees shall conduct a visual evaluation consisting of spot checks in the treatment area to and around where pesticides are applied for possible and observable toxic or adverse effects as follows:

1. Prior to each pesticide application to determine if the target pest action threshold(s) are met and weather conditions are conducive to proper application;

2. Prior to each pesticide application for Mosquito and Other Insect Pest and Area-Wide Pest Control to identify conditions (e.g. temperature, precipitation, and wind speed in the treatment area) that support development of pest populations and are suitable for control activities;

3. During the application when considerations for safety and feasibility allow; and

4. Within a reasonable period of time after each pesticide application, not to exceed the time required for maximum effect indicated on the product label.

D. Pesticide Discharge Management Plan

Permittees shall prepare a Pesticide Discharge Management Plan (PD MP) for each pest management area covered under this permit. The PDMP must be prepared within 90 days of coverage under this general pennit. A permittee may refer to procedures in other documents that meet the requirements of this permit in the PDMP, but a copy of the referenced document must be kept in the PDMP and should be made available for review when requested by the Executive Director.

1. Contents of Pesticide Discharge Management Plan. A PDMP must contain the following elements:

(a) Pesticide Discharge Management Team. The permittee shall identify PDMP team members by name or title as well as their individual responsibilities, including:

(1) Person(s) responsible for managing pests in the pest management area;

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(2) Person(s) responsible for developing and revising the PDMP; and

(3) Person(s) responsible for developing, revising, and implementing corrective actions and other effluent limitation requirements; and

(4) Person(s) responsible for pesticide applications. If the pesticide applicator is unknown at the time of plan development, indicate whether or not a for-hire applicator will be used and indicate when the applicator will be identified.

Identification of team members must include any written agreement(s) between the permittee and any other operator(s), such as a for-hire commercial pesticide applicator, that specify the division of responsibilities between operators as necessary to comply with the provisions of this permit.

(b) Problem Identification

(1) Pest problem description. The permittee shall document the following:

(i) Identify the geographic boundaries of the pest management area and each treatment area and waters of the U.S. within the pest management area on a general location map (e.g., topographic, vicinity map, original United States Geological Survey 7.5 minute quadrangle map, a portion of a city or county map, or other map);

(ii) Pesticide use patterns for each treatment area;

(iii) Target pest(s);

(2) Action threshold(s) for the pest management area, including data used in developing the action threshold(s) and method(s) to determine when the action threshold(s) has been met.

(3) List of pesticide(s) or any degradates for which the water-body is impaired; and

(4) Procedures to determine target pest densities.

(c) Evaluation and Selection of Pest Management Strategies. In the PDMP, the permittee shall document the evaluation of pest management strategies for the pest management area. The permittee shall select the pest management strategies that most successfully minimize discharges resulting from application of pesticides, including the use of pesticide and non-pesticide methods. The evaluation must establish if

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and when the following pest management strategies will be used while considering impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

(1) No action

(2) Prevention

(3) Mechanical and physical methods

(4) Cultural methods

(5) Biological control agents

(6) Pesticides

(d) Response Procedures. The permittee shall document the following procedures in the PDMP:

(1) Spill Response Procedures. The permittee shall take appropriate measures necessary to prevent spills and to clean up spills of any pesticide. There shall be no disposal of pesticides or residues from storage or application equipment into waters of the U.S. Where potential spills can occur the permittee shall:

(i) IdentifY the procedures for stopping, containing and cleaning up leaks, spills and other releases;

(ii) Make available the necessary equipment to personnel to implement a clean up. Employees who may cause, detect, or respond to a spill or leak must be trained in these procedures. If possible, one of these employees should be a member of the PDMP team;

(iii) Document procedures and schedules for maintenance activities to minimize potential for leaks, spills, and unintended or accidental release of pesticides from pesticide containers;

(iv) Document the chain of command notification for spills, both internal to permittee's agency or organization and external;

(v) Document state and federal contacts with phone number;

(vi) Document the name, location, and telephone number ofthe nearest emergency medical facility;

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(vii) Document the name, location, and telephone number of the nearest hazardous chemical responder (including police and fire department);

(viii) Maintain contact information for the National Pesticide Telecommunications Network at 800-858-7378; and

(ix) Maintain contact information for the National Spill Response Center at 800-424-8802 or http://www.nrc.uscg.mil/nrchp.hhnl.

(2) Equipment Maintenance Schedules and Procedures. The permittee shall document in the PDMP the schedules and procedures for maintaining the application equipment in proper operating condition, including calibrating, cleaning, and repairing the equipment.

(3) Adverse Incident Response Procedures. Procedures for responding to adverse incidents must be identified and documented as follows:

(i) Course of action and timing of responses to any adverse incident;

(ii) Chain of command notification for the adverse incident, both internal to the permittee's agency or organization and external;

(iii) State and Federal contacts with phone numbers;

(iv) Name, location, and telephone of nearest emergency medical facility; and

(v) Name, location, and telephone of nearest hazardous chemical responder (including police and fire department).

(4) Visual Evaluations. The permittee shall document the procedures for visual evaluations:

(i) The process for determining the location of any visual evaluations;

(ii) A schedule and procedures for any visual evaluations;

(iii) The person (or position) responsible for conducting visual evaluations; and

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(iv) Procedures for documenting any observed toxic or adverse effects.

2. Pesticide Discharge Management Plan Modifications

(a) The PDMP must be reviewed whenever necessary to address any of the triggering conditions for corrective action or when a change in pest control activities significantly changes the type or quantity of pollutants discharged. Changes must be made to the PDMP before the next pesticide application that results in a discharge, if practicable, or if not, as soon as possible thereafter. The revised PDMP must be signed and dated in accordance with Part VI.H. of this permit. The PDMP must be reviewed at a minimum of once per calendar year to ensure compliance with effluent limitations of this permit including the problem description, evaluation and selection of pest management strategies, schedules and procedures, adverse incident action plan and visual evaluations. The permittee shall modify the PDMP and implement corrective actions if the following occur:

(1) An unauthorized release or discharge (e.g., spill, leak, or discharge not authorized by this or another TPDES permit) occurs;

(2) The permittee becomes aware, or the Executive Director determines, that the control measures are not adequate or sufficient for the discharge to meet applicable water quality standards;

(3) The Executive Director determines that the permittee failed to:

(i) Use only the amount of pesticide and frequency of pesticide applications necessary to control the target pest, using equipment and application procedures appropriate for this task;

(ii) Perform regular maintenance activities to ensure that the application equipment is in proper operating condition to minimize the potential for leaks, spills, and unintended or accidental release of pesticides to waters ofthe U.S.; or

(iii) Calibrate, clean, and repair equipment on a regular basis to ensure that the application equipment is in proper operating condition.

(4) Executive Director determines that modifications to the control measures are necessary to meet the effluent limits in this permit; or

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(5) The permittee observes or is otherwise made aware of a toxic or adverse effect.

(b) If the PDMP is required to be revised by Part IILD.2.(a)(1) for reasons other than for toxic or adverse effect, spills or leaks, the permittee shall make the revisions and implement corrective actions before the next pesticide application that results in a discharge, or as soon as practicable. If revisions and corrective actions cannot be made prior to the next pesticide application, the permittee shall document in the PDMP the reasons why. The permittee shall also document in the PDMP within five (5) days the following information:

(1) Identification of the condition(s) triggering the need for corrective action;

(2) A brief description of the circumstances of the situation;

(3) Date the problem was identified;

(4) Summary of corrective action taken or to be taken;

(5) Date corrective action was initiated; and

(6) Date corrective action was completed or expected to be completed.

3. Pesticide Discharge Management Plan Availability

Permittees shall retain a copy of the PDMP either onsite or at the address provided on the NOI and these documents must be immediately available to the Executive Director upon request. Documents in the public record file of the Commission are available to a member of the public upon request.

E. Recordkeeping

Permittees shall keep written records in the PDMP as required by this permit. These records must be accurate and complete to demonstrate compliance with the conditions ofthis permit. Permittees may harmonize state law (4 TAC §7.33), FIFRA and CWA recordkeeping practices, where appropriate.

Operators are required to keep the following records either onsite or at the location provided in the NOI for a period of at least 5 years from the date the record was created and these documents must be made available to the Executive Director upon request:

1. A copy of this permit (an electronic copy is also acceptable);

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2. A copy of any adverse incident reports;

3. A copy of spill or leak reports;

4. A copy of the Nor or self certification form, as applicable, submitted to TCEQ along with any correspondence to or from TCEQ specific to coverage under this permit;

5. A copy of the acknowledgment certificate issued by TCEQ, if applicable;

6. Pesticide Application Records: The following information must be recorded in the PDMP for each treatment area as soon as possible but no later than fourteen (14) days after implementing pest management strategies (non­pesticide methods and pesticide application):

(a) The name(s) ofthe record keeper;

(b) Pesticide applicator's name;

(c) Target pest(s);

(d) Pest management strategies used and what action threshold(s) have been met;

(e) Date of pre- and post-application surveillance and visual evaluations;

(f) Date pest management strategy was conducted;

(g) Name and total amount (in gallons or pounds) of pesticide product applied, including the product's EPA registration numbers;

(h) Concentration (%) of active ingredient in formulation;

(i) Identify of which treatment area or portion of a treatment area was treated;

(D Any observed toxic or adverse effects to non-target organisms;

(k) A copy of any modifications made to the PDMP during the term of the permit;

(1) Date that application equipment was calibrated, cleaned, and repaired, if applicable;

7. A copy of the Pesticide Discharge Management Plan; and

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8. A copy of all annual reports, if applicable, and any other report(s) required to be prepared or filed under this general permit.

F. Reporting and Notification

1. Annual Reporting. Permittees that meet the criteria in Part II.A.1 shall prepare and keep onsite an annual report and be readily available for review by a TCEQ representative. When a permittee terminates permit coverage, the permittee shall submit an annual report for the portion of the year up through the date of the termination. The annual report is due no later than 45 days after permit termination date. The annual report must contain the following information:

(a) Operator's name;

(b) Authorization number(s);

(c) Contact person name, title, e-mail address (if any), and phone number;

(d) For each treatment area, report the following:

(1) Identification of any waters or other treatment area, including size, either by name or by location, to which pesticide has been applied;

(2) Pesticide use pattern(s) (i.e., mosquito and other insect pest, vegetation and algae pest, animals pest, area-wide pest or forest canopy pest);

(3) Name and total amount (in gallons or pounds) of pesticide product applied, including the product's EPA registration numbers;

(4) Target pest(s);

(5) Company name(s) and contact information for pesticide applicator(s), if different from the Nor submitter;

(6) Whether or not the permittee was required to take corrective action, if so provide brief description of corrective actions taken;

(7) Whether this pest control activity was addressed in the PDMP prior to pesticide application; and

(8) Whether or not the permittee provided written report(s) to TCEQ of an adverse incident.

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2. Potential Adverse Incident Notification

If a permittee knows or should have known or has been informed of an adverse incident, the permittee shall notify the appropriate TCEQ Regional Office within 24 hours of becoming aware of the potential adverse incident or call the TCEQ 24-hour Spill Reporting Line at 1-800-832-8224. If the permittee is unable to notify TCEQ within 24 hours, the permittee shall do so as soon as possible and provide the rationale why the permittee was unable to provide the notification within 24 hours.

When providing the 24-hour notice for any potential adverse incident, the permittee shall include at least the following information:

(a) The name and telephone number of the person providing notification;

(b) Permittee name and mailing address;

(c) The TCEQ authorization number for the pest management area;

(d) The name and telephone number of a contact person, if different from the person providing the 24-hour notice;

(e) How and when the person providing notification became aware of the adverse incident;

(f) Description of the location of the adverse incident;

(g) Description of the adverse incident identified;

(h) The pesticide product, including EPA pesticide registration number for each pesticide that was applied in the area of the adverse incident; and

(i) Description of any corrective actions the permittee has taken or will take to correct, repair, remedy, cleanup, or otherwise address any adverse effects.

3. Adverse Incident Written Report

Within fourteen (14) days of becoming aware of an adverse incident, the permittee shall provide a written report ofthe adverse incident to the appropriate TCEQ Regional Office. The adverse incident report must include at least the following information:

(a) Information required to be provided in Part IILF.2;

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(b) Date and time the permittee provided 24 hour notice to TCEQ of the adverse incident;

(c) Location of the adverse incident, including the names of any waters affected and appearance of those waters (sheen, color, clarity, etc.);

(d) A description of the circumstances of the adverse incident including species affected, number of individuals and approximate size of dead or distressed organisms;

(e) Magnitude of the effect (e.g. aquatic square area or total stream distance affected);

(f) Pesticide application rate, application site (e.g., water's edge, above, or direct to water), and method of application;

(g) Description of the habitat and the circumstances under which the adverse incident occurred (including any available ambient water data);

(h) Iflaboratory tests were performed, an indication of which testes) were performed, and when, and provide a summary of the test results immediately upon availability (if not available at the time of submission of the 14-day report);

(i) If applicable, explain why the permittee believes the adverse incident could not have been caused by exposure to the pesticide;

(j) Description of any corrective actions the permittee has taken or will take to prevent recurrence; and

(k) Target and non-target organism(s) that were affected.

4. Spill or Leak Notification

The permittee shall notify the TCEQ Regional Office within 24 hours of becoming aware of a spill or leak that resulted in a discharge to waters of the U.S. If the permittee is unable to notify TCEQ Regional Office within 24 hours, the permittee shall do so as soon as possible and also provide the rationale for why the permittee was unable to provide the notification within 24 hours. The notification must include at least the following information:

(a) The name and telephone number of the person providing notice;

(b) Permittee name and mailing address;

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(c) TCEQ authorization number for the pest management area;

(d) The name and telephone number of a contact person, if different from the person providing the 24-hour notice;

(e) How and wben the person providing notification became aware ofthe spill or leak;

(f) Description of the location ofthe spill or leak;

(g) Description of the spill or leak identified;

(h) The EPA pesticide registration number of each pesticide product spilled or leaked, and the known or estimated quantities spilled or leaked that were discharged to waters ofthe U.S.; and

(i) Description of any steps the permittee has taken or will take to contain the spill or leak.

5. Spill or Leak Written Report

Within fourteen (14) days of becoming aware of a spill or leak, the permittee shall provide a written report of the spill or leak to the appropriate TCEQ Regional Office. The spill or leak report must include the following information:

(a) Information required to be provided in Part III.F-4;

(b) Summary of corrective action taken or to be taken;

(c) Date corrective action was initiated; and

(d) Date corrective action was completed or expected to be completed.

6. Other Reporting Requirement.

The permittee shall report any noncompliance, other than that required by Part HLF. 1-5 above that may endanger human health or safety, or the environment to the TCEQ. Report of this information must be provided orally or by facsimile transmission to the TCEQ regional office within 24 hours of knowing of the noncompliance. A written submission of this information must also be provided within five (5) working days of knowledge of the noncompliance. The written submission must contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; and the period of noncompliance, including exact dates and times. If the noncompliance has not been corrected, written submission must also contain the anticipated

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time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance and to mitigate its adverse effects.

Part IV. Level II Operators.

A. Applicability

This Part applies to operators that meet the criteria in Part II.A.3.

B. Effluent Limitations

1. Technology-Based Effluent Limitations

Minimize Pesticide Discharges into Waters of the United States. Operators shall develop and implement control measures to minimize discharges resulting from the application of pesticides to waters of the U.S. to the extent achievable using best management practices that are technologically available and economically practicable and achievable. To minimize discharges resulting from application of pesticides, operators shall:

(a) In accordance with state law and the pesticide label, use only the amount of pesticide and frequency of pesticide applications necessary to control the target pest, using equipment and application procedures appropriate for this task. In no case exceed the maximum application rate, established under FIFRA, referenced on the pesticide product label. To minimize the total amount of pesticide applied, the operator shall consider different application rates, frequencies, or both to accomplish effective control in accordance with the following:

(1) Base the rate of application on what is known to be effective against the target pest or as necessary for resistance management; and

(2) Base the frequency of applications on the lowest frequency possible to provide effective and economical control and to prevent unnecessary impact on non-target organisms.

(b) Maintain pesticide application equipment in proper operating condition including requirement to calibrate, clean, and repair such equipment and prevent leaks, spills, or other unintended discharges; and

(c) Assess weather conditions (e.g. temperature, precipitation and wind speed) in the treatment area to ensure application is consistent with all applicable federal requirements.

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2. Water Quality-Based Effluent Limitations

(a) Any discharge that causes or contributes to an excursion of any applicable numeric or narrative water quality standard is prohibited and is a violation of this permit.

(b) If at any time a permittee becomes aware, or the Executive Director determines, that the discharge causes or contributes to an excursion of an applicable water quality standard, then the permittee shall take corrective action.

(c) The Executive Director may require a permittee to obtain coverage under an individual permit as necessary to protect water quality.

C. Visual Evaluation Requirement

Permittees shall conduct a visual evaluation consisting of spot checks in the treatment area to and around where pesticides are applied for possible and observable toxic or adverse effects as follows:

1. Within a reasonable period of time after each pesticide application, not to exceed the time required for maximum effect indicated on the product label; and

2. During the application when considerations for safety and feasibility allow.

D. Corrective Action

1. Situations Requiring Revision of Control Measures.

The permittee shall review and revise control measures if any of the following situations occur to ensure that the situation is eliminated and will not be repeated:

(a) An unauthorized release or discharge (e.g., spill, leak, or discharge not authorized by this or another TPD ES permit) occurs;

(b) The permittee becomes aware, or the Executive Director determines, that the control measures are not adequate or sufficient for the discharge to meet applicable water quality standards;

(c) The Executive Director determines that the permittee failed to:

(1) Use only the amount of pesticide and frequency of pesticide applications necessary to control the target pest, using equipment and application procedures appropriate for this task;

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(2) Perform regular maintenance activities to ensure that the application equipment is in proper operating condition to minimize the potential for leaks, spills, and unintended or accidental release of pesticides to waters of the U.S.; or

(3) Calibrate, clean, and repair equipment on a regular basis to ensure that the application equipment is in proper operating condition.

(d) TCEQ determines that modifications to the control measures are necessary to meet the effluent limits in this permit; or

(e) The permittee observes or is otherwise made aware of a toxic or adverse effect.

2. Corrective Action Documentation

For situations requiring revision of control measures other than for toxic or adverse effects, a permittee shall document the situation triggering corrective action within 24 hours of becoming aware of that situation. The documentation must include the following information:

(i) Identification of the condition(s) triggering the need for corrective action;

(ii) A brief description of the circumstances of the situation;

(iii) Date the problem was identified;

(iv) Date corrective action was initiated; and

(v) Date corrective action was completed or expected to be completed.

3. Corrective Action Deadlines.

If a permittee determines that changes to control measures are necessary, those changes must be made before the next pesticide application that results in a discharge, or as soon as practicable.

E. Recordkeeping

The permittee shall keep the following records on site for a minimum of 5 years from the date the record was created and shall submit them to the Executive Director "ithin five days of a written request by the Executive Director:

1. A copy of this permit (an electronic copy is acceptable);

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2. A copy of any Adverse Incident Reports; and

3. A copy of the Self Certification Form.

F. Reporting and Notification

1. Potential Adverse Incident Notification. If a permittee knows or has been informed of an adverse incident, the permittee shall notifY the appropriate TCEQ Regional Office within 24 hours of becoming aware of the potential adverse incident or call the TCEQ 24-hour Spill Reporting Line at 1-800-832-8224. If the permittee is unable to notifY TCEQ within 24 hours, the permittee shall do so as soon as possible and provide the rationale why the permittee was unable to provide the notification within 24 hours.

When providing the 24-hour notice for any potential adverse incident, the permittee shall include at least the following information:

(a) The name and telephone number of the person providing notification;

(b) Permittee name and mailing address;

(c) The name and telephone number of a contact person, if different from the person pro\~ding the 24-hour notice;

(d) How and when the person providing notification became aware of the adverse incident;

(e) Description ofthe location ofthe adverse incident;

(D Description of the adverse incident identified;

(g) The pesticide product, including EPA pesticide registration number for each pesticide that was applied in the area of the adverse incident; and

(h) Description of any corrective actions the permittee has taken or will take to prevent recurrence.

2. Adverse Incident Written Report. Within fourteen (14) days of becoming aware of an adverse incident, the permittee shall provide a written report of the adverse incident to the appropriate TCEQ Regional Office. The adverse incident report shall include at least the following information:

(a) Information required to be provided in Part IV.E.2;

(b) Date and time the permittee provided 24 hour notice to the Commission of the adverse incident;

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(c) Location of the adverse incident, including the names of any waters affected and appearance of those waters (sheen, color, clarity, etc.);

(d) A description of the circumstances of the adverse incident including species affected, number of individnals and approximate size of dead or distressed organisms;

(e) Magnitude ofthe effect (e.g. aquatic square area or total stream distance affected);

(f) Pesticide application rate, application site (e.g., water's edge, above, or direct to water), and method of application;

(g) Description of the habitat and the circumstances under which the adverse incident occurred (including any available ambient water data);

(h) Iflaboratory tests were performed, an indication of which testes) were performed, and when, and provide a snmmary of the test results immediately upon availability (if not available at the time of submission of the 14 -day report;

(i) If applicable, explain why the permittee believes the adverse incident could not have been caused by exposure to the pesticide;

CD Description of any corrective actions the permittee has taken or will take to prevent recurrence; and

(k) Target and non-target organism(s) that were affected.

Part V. Level III Operators.

A. Applicability

This Part applies to operators that meet the criteria in Part II.A.4.

B. Effluent Limitations

Operators shall implement control measures to minimize discharges resulting from the application of pesticides to waters of the U.S. to the extent achievable using best management practices.

(a) Apply in accordance with state law and the pesticide label; and

(b) Store pesticides and dispose of unused pesticides and their containers according to the label instructions.

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C. Recordkeeping and Reporting

Recordkeeping and reporting are not required.

Part VI. Standard Permit Conditions

A. The permittee has a duty to comply with all conditions in this general permit. Failure to comply with any condition is a violation of the general permit and the statutes under which the general permit is issued. Any violation may be grounds for enforcement action, for terminating coverage under this general permit, or for requiring a permittee to apply for and obtain a TPDES individual permit.

B. The permittee shall furnish any information, at the request of the Executive Director that is necessary to determine whether cause exists for revoking, suspending, or terminating authorization under this general permit. The requested information must be provided within a reasonable time frame and in no case later than 30 days from the date of the request.

C. Inspection and entry shall be allowed under Chapters 26-28 of the Texas Water Code (TWC); Texas Health and Safety Code §§ 361.032-361.033 and 361.037; and 40 CFR § 122.41(i). The statement in TWC § 26.014 that Commission entry into a pest management area must occur in accordance with an establishment's rules and regulations concerning safety, internal security, and fire protection is not grounds for denial or restriction of entry to any part of the pest management area, but merely describes the Commission's duty to observe appropriate rules and regulations during an inspection.

D. All records, reports, drawings, and other documentation required by this general permit must be maintained for a minimum period of five years from the date of the record and either be kept on-site or made readily available for review by an authorized representative of the Commission upon request. This period may be extended at the request of the Executive Director.

E. NOIs, NOTs, and NOCs must be signed in accordance with the requirements of 30 TAC § 305.44(a) (relating to Signatories to Applications). Pesticides Discharge Management Plans, reports, and other information requested or required by the Executive Director must be signed in accordance with the requirements of 30 TAC § 305.128 (relating to Signatories to Reports).

F. Authorization under this general permit may be suspended or revoked for the reasons stated in 30 TAC § 205-4. Notifying the TCEQ of planned changes or an anticipated noncompliance does not stay any general permit condition.

G. This general permit does not convey any property rights of any sort, or any exclusive privilege.

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H. If the permittee becomes aware that the permittee failed to submit any relevant facts in an NOI, NOT, or NOC, or submitted incorrect information in an NOI, NOT, or NOC or in any report to the Executive Director, the permittee shall promptly submit those correct facts or information.

1. The permittee is subject to administrative, civil, and criminal penalties, as applicable, under TWC §§7.051, 7.101, 7.148, and 7.149 for violations including, but not limited to, the following:

1. Violating CWA, Sections 301, 302, 306, 307, 308, 318, or 405 (33 U.S.C. §§ 1311, 1312, 1316, 1317, 1318, 1328, or 1345, or any condition or limitation implementing any sections in a general permit issued under CW A, Section 402, or any requirement imposed in a pretreatment program approved under CWA, Section402(a)(3) or (b)(8) (33 U.S.C. §§ 1342(a)(3) or (b)(8));

2. Intentionally or knowingly tampering with, modifYing, disabling, or failing to use pollution control or monitoring devices, systems, methods, or practices required under this permit; and

3. Intentionally or knowingly makes or causes to be made a false material statement, representation, or certification in, or omits or causes to be omitted material information from, an application, notice, record, report, plan, or other document, including monitoring device data, filed or required to be maintained by this permit.

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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

DOCKET NO. 2010-1650-MIS General Permit No. TXG870000

IN THE MATTER OF THE TPDES § GENERAL PERMIT TO AUTHORlZE § DISCHARGES OF BIOLOGICAL § PESTICIDES AND CHEMICAL § PESTICIDES THAT LEA VB RESIDUE IN § WATER WITHIN THE STATE OF TEXAS §

BEFORE THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

COMMISSION RESOLUTION ISSUING THE GENERAL PERMIT

WHEREAS, under Texas Water Code (TWC) Section (§) 26.121, no person may discharge waste or pollutants into or adjacent to any water in the state, except as authorized by a rule, permit, or order issued by the Texas Commission on Environmental Quality (TCEQ or Commission);

WHEREAS, under TWC § 26.027, the TCEQ has the authority to issue permits and amendments to permits for the discharge of waste or pollutants into or adjacent to waters in the state;

WHEREAS, under TWC § 26.040, the TCEQ has the authority to issue a general permit to authorize the discharge of waste into or adjacent to waters in the state;

WHEREAS, the definition of waters of the United States, defined in Title 40 Code of Federal Regnlations (40 CFR) 122.2 is a snbset of the TWC definition of waters in the state.

WHEREAS, a General Permit (TXG870000) that authorizes discharges to waters of the United States of biological pesticides and chemical pesticides that leave residue in water in the state of Texas was drafted and proposed by the Executive Director and is attached as Exhibit A;

WHEREAS, the TCEQ received public comment on the proposed General Permit;

WHEREAS, the Executive Director made certain changes to the General Permit based on comments received;

'''lHEREAS, the Executive Director prepared, made available to the public, and filed with the Chief Clerk a written Response to Public Comments on the proposed General Permit in accordance ,"lith the requirements of Title 30 Texas Administrative Code (30 TAC) § 205.3(e) and is attached as Exhibit B;

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WHEREAS, the Commission has reviewed in accordance vdth Texas Natural Resources Code § 33.20S and 30 TAC § 20S.S(f) the changes to the General Permit for consistency with the Texas Coastal Management Program (CMP) and fonnd that the General Permit is consistent with applicable CMP goals and policies and that the General Permit will not adversely affect any applicable coastal natural resource areas as identified in the CMP;

M-IEREAS, the Commission determined in accordance with TWC §§ 26.040(a)(1)-(4) that the General Permit would authorize dischargers who engage in the same or substantially similar types of operations, discharge the same types of waste, are subject to the same requirements regarding effluent limitations or operating conditions, and are subject to the same or similar monitoring requirements;

WHEREAS, the Comniission finds in accordance with TWC § 26.o4o(a)(s) that the General Permit would apply to dischargers who are more appropriately regulated under a general permit than under individual permits and that:

(A) The General Permit was drafted to assure that it can be readily enforced and that the Commission can adequately monitor compliance with the terms of the General Permit; and

(B) The category of discharges covered by the General Permit will not include a discharge of pollutants that will cause significant adverse effects to water quality; and

THEREFORE, after consideration of all public comment and the responses to such comment, the Commission, by this resolution, issues the General Permit as recommended by the Executive Director and adopts the Executive Director's Response to Public Comment. Furthermore, the Commission directs staff to make any non­substantive changes to the permit and the Response to Public Comment to satisf.Y Texas Register format requirements and requests that the general permit and Commission's Response to Public Comment be made available to the public in accordance with the requirements ofTWC § 26.040(d) and 30 TAC § 20S.3(e):

It is so RESOLVED.

Date of Adoption:

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Bryan W. Shaw, Ph.D., Chairman For the Commission

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DALLAS COUNTY OFFICE OF INFORMATION TECHNOLOGY

Date: May 7, 2013

To: Commissioners Court

Through: Stanley Victrum, Chieflnformation Officer

From: Richard Ballard, Assistant IT Chief - Applications Support & Development

Subject: Senior Programmer - Lilax, Inc. Personal Services Contract for Anitha Atluri

BACKGROUND The County IT Department was not able to identify a candidate with the applicable skill sets and experiences via the internal iRecruitment process to fill a current vacancy and thus turned to our contract staffing partners to assist us with identifying additional candidates. This briefing is to recommend that the Court approve one (1) Personal Services Contract through Lilax, Inc. for one (l) Senior Programmer. The tasks of the Senior Programmer will be as follows:

• Designs, programs, tests and implements computerized information processing systems, analyzes, designs and develops custom applications in a Microsoft .Net environment.

• Develops new systems based on requirements and user specifications.

• Provides technical assistance to end-users identifying requirements and system solution areas; and trains and provides end-users with systems specifications and instructions.

• Drafts system documentation, specifications and programming project status reports.

• Coordinates with other divisions to ensure efficient, effective and quality delivery and operation of technology system solutions.

• Analyzes and evaluates information processmg systems to

509 Main 5t., 6th Floor, Dallas, Texas 75202 Work (214) 653-6649

Stanley (Vic) Victrum, CIO Fax (214) 653-6327

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identify better business solutions; and designs system enhancements and other alternatives to existing methods of business processes.

• Performs other duties as assigned.

IMPACT ON OPERATIONS Anitha Atluri will work initially on a contractual basis, and will be eligible to compete for full-time regular employment with Dallas County. She will be providing needed support to the County's production computing environment.

FINANCIAL IMP ACT The hourly rate of $67.00 will result in a total cost for the 3-month contract not to exceed $32,160. Funds are available in the Major Technology Unallocated Reserves. Funds are available in account 00195 .1090.1020 (Salaries).

LEGAL IMPACT The County Judge is required to sign the contract after approval by the Commissioners Court. The contract has been sent to the District Attorney's Office, Civil Division for review.

MlWBE N/A

STRATEGIC PLAN COMPLIANCE The resource provided by the Personal Services Contract is consistent with Strategy 1.5 of the County' s Strategic Plan: Maintain a Strong, Motivated Dallas County Workforce.

RECOMMENDATION It is recommended that the Dallas County Commissioners Court authorize the County Judge to sign the Personal Services Contract for Anitha Atluri and to authorize the Office of Information Technology to proceed with the establishment of the Personal Services Contract.

Recommended by:

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Date:

To:

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MEMORANDUM

May 7, 2013

Dallas County Commissioners Court

Dr. Terry S. Smith Director Juvenile Services

Chief Juvenile Probation Officer

From: Dr. Terry S. Smith, Executive Director

Subject: TechShare. Juvenile Memorandum of Understanding

Background of Issue:

In 2007 Dallas, Tarrant, and Bexar Counties entered into a collaborative partnership with the Texas Conference of Urban Counties (CUC) to develop an integrated information management system replacing aging legacy systems. Texas Juvenile Justice Department (formerly TJPC) also entered into this TechShare collaboration to address their need to upgrade/replace Caseworker application utilized by most of the counties in Texas. The Juvenile Case Management System (JCMS.Basic) application is currently being used by Dallas County. However, Dallas County has worked to retire JIS and transition to TechShare.Juvenile; the extended case management system that will allow participating agencies within Dallas County the ability to view juvenile information statewide.

Benefits of the new system include:

1. Expansion of system participants to include local Law Enforcement Agencies, School Districts, and Municipal Courts in the Juvenile Case Management process.

2. All Case Tracking, Record Keeping, and Management Reporting capabilities of JCMS.Basic plus Juvenile Probation Case Management capability for managing Programs, Institutions, Prosecution, and Courts, integrating all county functions.

Overview of TechShare.Juvenile Project

A site-to-site Virtual Private Network (VPN) connection between the agency network and the Dallas County network is required for all Participating Local Governments to access the TechShare.Juvenile system. A VPN site-to-site capable firewall and a circuit is the basic equipment needed by the Participating Local Governments to establish the VPN connection. The firewall must support a minimum 3DES or AES encryption capability, Internet Protocol Security (IPSec), and a 3 Mb circuit is recommended for security protocols. Dallas County has provided all Participating Local Governments with firewall cost approximations based on the average number of users for small, medium, and large agencies whose infrastructure may not currently support VPN connectivity. The cost approximations range from small agencies with 10-250 users at $1500 to large agencies with 5,000-10,000 users at $25,000. (See attachment provided to Local law enforcement agencies, April 24, 2013 at North Texas Police Chief Association meeting.)

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

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

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TechShare Juvenile MOU Page 2

Impact on Operations and Maintenance:

Utilizing TechShare.Juvenile will enhance the overall operations of the Juvenile department. The system will also allow agencies to files cases electronically as well as obtain juvenile information statewide. In addition, reporting to DPS will be more accurate and keep our overall compliance rate over 90% ensuring continued funding.5everal on site meetings with police departments as well as participation in the North Texas Police Chief Association have raised awareness with law enforcement agencies about TechShare.Juvenile.

Strategic Plan Compliance:

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

Legal Information:

The MOU has been reviewed by ADA Caruthers and has been approved to form and will be presented to the Dallas County Juvenile Board on May 20, 2013 as a ratification.

Financiallmpact/Considerations:

Three agencies fund the TechShare.Juvenile project: TJJD, Tarrant County and Dallas County. Dallas County has contributed $823,609 for the FY13 budget year.

Performance Impact Measures:

There are no specific performance measures.

Project Scheduleflmplementation:

We are scheduled to "Go live" by the December of 2013.

Recommendation

It is recommended that Commissioners Court approve the MOU among Participating Local Governments and Dallas County for participation in Urban Counties' TechShare.Juvenile. This recommendation is made to allow Participating Local Governments within Dallas County the capability of filing cases electronically and obtain juvenile information statewide.

Recommended by:

venile Department

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

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

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TechShare.Juvenile is COMING to Dallas County!

In 2007 Dallas, Tarrant, and Bexar Counties entered into a collaborative partnership with the Texas Conference of Urban Counties (CUe) to develop an integrated information management system to replace aging legacy systems. Texas Juvenile Justice Department (formerly TJPe) also entered into this TechShare collaboration to address their need to upgrade/replace their Caseworker application utilized by most of the counties in Texas. The Juvenile Case Management System (JCMS.Basic) application is currently being used by Dallas County. However, Dallas County is working to retire JIS and transition to TechShare.Juvenile, the extended case management system that will give participating agencies within Dallas County the ability to see information about juveniles statewide.

Law Enforcement, Municipal Court, and School District Benefits of the new system include:

Feature Description

Information Sharing 0 View juvenile information across the State -. View and share attach ments -

Search C Basic, Advanced, and Searching by Accomplice/Complainant/Witness to Offense

0 Ability to Create Photo Line-Up

Juvenile ID J Capture Juvenile ID, Scars/Marks/Tattoos and Amputations, Family & Associates, Address & Address History, and School History

U Administer and track First Offender Programs

C Loca! Custody Management including Sight and Sound Separation, Release to Parent or County JPD, Generate Jail Log for reporting to the Texas Jail Commission, and Current and Historical Juvenile Processing Office Information

0 Electronically Refer a Juvenile to Juvenile Department Intake C Generate Reports for lO-Day Rule Reporting, Runaways, At-Risk Youth, Chronic

Law Enforcement I Offenders, Crime Analysis, Daily Arrest tracking, FIR Activity, FOP Enrollment, Offenses

Agency Module involving Weapons, Out of County Filings, Pollce Filings I Outstanding Warrants and UCR.

0 Attach and Secure Offense & Supplemental Reports to Offenses

0 Electronically File a Case to Prosecutor

0 Electronic Case Management and transfer to Internal Departments & External Law Enforcement Agencies

0 Document contact with a juvenile & at-risk youth through Field Interview Report (FIR) C Record and Track Warrants Requested and Served with Fast Execution Entry;

Identify/Highlight Juveniles "Wanted" for questioning I

Municipal Courts C Supply Municipal Court Offense History through Interface

0 Create Contact Orders for Juveniles who Fail to Appear in Municipal Court 0 Reports for Active Contact Orders, Offense Records and Statistical Reporting

School Districts 0 Electronic Notice of Arrest, Disposition and New Enrollees on Probation

TechShare.Juvenile is Coming to Dallas County! Page 11

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TechShare.Juvenile is COMING to Dallas County!

I Feature I Description

I 0 LEA Reports

o lO-Day Rule Report

Reports Generation

Karen Kerr Terri McClung Elvia Portugal Pernilla Johansson Jonathan Moelling Karen Ramos

o At-Risk Report

o Chronic Offender Report

U Crime Analysis Report C: Daily Arrest Report

[j FIR Activity Report

L! FOP Enrollment Report

o Juveniles Not Reported to School Districts

C Offenses Involving Weapons where Juvenile is Complainant

:J Offenses Involving Weapons where Juvenile is Offender

'J Out of County Filings

LJ Outstanding Warrant Report

C Police Filings

C UCR

[j Municipal Court Reports

[J Active Contact Order Report

o Municipal Court Offense Report

o Municipal Court Statistical Report

Juvenile Department Contact Numbers

214-698-4257 JCMS and TechShare.Juvenile 214-698-4457 JCMS and TechShare.Juvenile 214-698-4239 JIS and Live Scan questions 214-698-2235 Data and reports 214-698-5114 Data and reports 214-698-4993 Project Manager

VPN CONNECTIVITY is needed to access the system

questions questions

A site-to-site Virtual Private Network (VPN) connection between the agency network and the Dallas County network is required to access the Techshare Juvenile system (see Techshare Juvenile Network Model diagram). Basic equipment needed to establish the VPN connection is a VPN site-to­site capable firewall and a circuit. The firewall must also support a minimum of 3DES or AES encryption capability and IPSec security protocols. A 3Mb circuit is recommended. Below are firewall cost approximations and average number of users for small, medium, medium/large, and large agencies whose infrastructure may not currently support VPN connectivity.

Agency Size

Small Medium Medium/Large Large

Average# Users 10-250

250-750 750-5,000

5,000- 10,000

Approximate Cost $1,500.00 $4,000.00 $9,000.00 $25,000.00

TechShareJuvenile is Coming to Dallas County!

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TechShareJuvenile is COMING to Dallas County!

Agencies

Agency Firewall

INTERNET

TECHSHARE.JUVENILE VPN MODEL

Due to laws governing cirCUit location and range of costs between providers, agencles must contact theirtelco service provider to determ'me circuit costs. Municipal courts and police agencies who extract juvenile data from their records system for import into JIS will need to change their process to utilize a new standardized interface in TechShare.Juvenile. Dallas County Information Technology Contacts Shirley Gardner Email: [email protected] Mary McPhaul Email: [email protected]

(214) 653-6714 (214) 653-7567

TechShare.JuvenHe is Coming to DalJas County! Page13

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MEMORANDUM OF UNDERSTANDING WITH PARTICIPATING LOCAL GOVERNMENTS AND

DALLAS COUNTY TO PARTICIPATE IN URBAN COUNTIES' TECHSHARE.JUVENILE PROGRAM

I. PARTIES

This Memorandum of Understanding ("MOU") is entered by and between the undersigned Participating Local Governments of the State of Texas ("Partic'ipating Local Government(s)"), acting by and through their respective governing bodies,PNsuallt to and under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas (Joyej'IUllent Code and for the purpose of participation in the Urban Counties' TechShare Progtam.Tlielmdersigned Participating Local Governments enter into this Interlocal AgreellYeJiy, (hereinafier, "Agreement") with Dallas County ("Dallas County" or "COW1ty"). Any ancJ:ali other Participating Local Governments of the State of Texas adopting this MOU upon a fqrmal order of their resp\,ctive governing bodies as provided for herein may be referred to in this t\IlQU individually as "phriyr and collectively as

~.""<" .

II. RE:ciiTALS

WHEREAS, ParticipatilJg~L?o,cal Gov:rtt1n~ntsdbsire •. !O e~tbf.\h)to this Agreement for the Participants' participation[lf:'Fe'()~ShareJuvenile, an exte'rr~~C\fasefuanagement system that will allow participating ig~ncies witHiriDallas Co¥tyto view juVelll:je information statewide;

'/. ,

WHEREAS, Th~ Participating Loca;lG.9~ernm'eJ1ts will have access to TechShareJuvenile in order to filec#~s::e+\'<;tronically, perforril.list(l~~wide jflvenile record searches, and perform other functiollsas ailo~ed:'l5'Y'statutesan'd role basiid:!)e)'mi§sions;

,>>: ' .' '<'/' ' s .','" '".i/,','.",',

. '.~. .

WHEREA,S,. The participatin~Loc~1 (!joyernments will be required to have a site-to-site Virtual Private Net~brk(VPN) conne.$tion bet~~en the agency network and Dallas County in order to access TechShar~Nuvenile. The basic equipment needed by the Participating Local Governments to establish the VPN)connection:is a site-to-site capable firewall and a circuit. The firewall must be capable of supportl)1g a min;imum of 3DES or AES encryption capability and IPSec security protocols. Further, the ellcryption standards must be compliant with the federal data encryption standard of FIPS-140-2.l'i.dditionally, a 3Mb circuit is recommended. Dallas County has provided each Participating Local Governments with firewall cost approximations for agencies whose current infrastructure may not currently support VPN connectivity. Due to laws governing circuit location and the range of costs between providers, Participating Local Governments should contact their telecommunication service provider to determine circuit costs.

NOW, THEREFORE, in consideration of the promises, inducements, covenants, agreements, conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participating Local Government and Dallas County agree as follows:

MOU AMONG PARTICIPATING LOCAL GOVTS. FOR TECHSHARE..IUVENILE

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III. PARTICIPATION BY ADDITIONAL PARTICIPATING LOCAL GOVERNMENTS

Any local government may participate in this MOU with the signature of the designated authorized signer on signatory page 8 of this MOU. Each Participating Local Government will be required to approve and agree to the terms and conditions of this MOU. The signed agreement of this MOU will be returned as notification and presented to the Juvenile Board as well as Commissioner's Court.

A.

B.

c.

IV. DATA OWNERSHIP, ACCESS, SECURI1'¥AND STORAGE

Ownership. It is the intention of the Partiest~afe~2h~11rticipating Local Government will remain the custodian and owner of its.informatibn: and data that it created or submitted, unless expressly agreed in writing otherwise. Tql' Parties acknowledge and agree that such information or dataf:jshall not be used by tqeparties other than in connection with the performance of thisMOU or as cortemplated;tw the Parties under this MOU. Additionally, the Parties agree that the' data shall noth1:.disclosed, sold, assigned, leased or otherwistprovided to thirqpafti~s: or commerciallyhploited by or on behalf of the other Partie~,th6irYJl1ployees, bfficers, agents, subcontractors, invitees, or assigns in any respect without tjj~~''8:;CJlressed writl~n approval of the Participating Local Government that owns such l:!ata/" ...

Interfaces. Eadrt~~~i~. responslbl~for~~0~lg~ntgal1d'~aintaining its interfaces to TechShareJilv.enile. PartiCipating LoBalQo~ernmei1ts.will also be responsible for the cost of interface qevelopment and mainfe#~nce.

SecllJ.,ityiiliEt.Access6f.Dlt<l'·

sectl~~gg.403.ig~~s Family permits the cross-jurisdictional sharing of informatio~:';~elatedio juvenile offenders between authorized criminal and j1Jvenile justice "gencies ahil .• partner agencies.

,',. ' y

2) ~1~hparty is responsible for ensuring its employees and other persons accessing data wtthin TechShare..fuvenile are authorized to do so, and will use such data only asT<;'I~gallx p~rmitted.

3) Participating Local Governments and their representatives agree that the following terms and conditions apply regarding access to the confidential juvenile information and data maintained in TechShareJuvenile:

a) Participating Local Governments and their representatives shall acknowledge and agree that the purpose of accessing juvenile infOlmation and data is to perform juvenile justice system related functions.

2

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b) Participating Local Governments agree that TechShare.Juvenile shall not be used for any personal purposes, including entertainment, personal business, or personal gain.

c) Participating Local Governments understand that access to, and transmission of, any data or material deemed to be a violation of any federal, state, or local law or agency administrative rules is prohibited.

d) Participating Local Governments shall not access or distribute any information tl1at is deemed confidentiaI:pursuant to Chapter 58, Texas Family Code or other applicable fedetalor state statutes or rules, unless disclosure is specifically authori~edb)!)aw.

Confidential Information. As used inihis Agreement, the term "Confidential Information" means all information ancF specifications, desi~ns, applications, operating systems, databases, communications ai\i:!:other computer soft1Naredeveloped for use on any operating system, all modificatiol1~;enhancements and versions and all options available with respect thereto, and all products developed or derived:¥1erefrom, source and object codes, flowchmts,aLgorithms, coding;sheets, routines, sub-r~uiines, compilers, assemblers, design concepti; andi,r~lated d02lin')~ntation and manuals, discoveries, concepts and ideas including, "",.ith&U:1fIill?;itation, tFfemature and results of research and development activities, processes;for~iU:i~~i inventio~s,j;omputer-related equipment or technology, techni~\:l.~s,:"know-ho'N'" deslgn~;~9r~wingsal)d specifications, all of the above which .. relafe"i:6<TechShareJuvenile 'il1':;ili~;' case Bf Confidential Information belonging t6~tJtban COlinties or DaiIasCohnty. The~bunty's confidential information includes, but is !lot limited to, data mapping from the County's Caseworker installation and the CountY'sJ.1et)v~!~9c!l)fjl?uratiol1and related security specifications, and also inc~1:j'~es,~ithQut l;;ni~4~tot1, inf0rm!ltjon in t,mgible or intangible form relating to the ;~odil1g or mapping of Cil1tafrom thei1l5J)1\1ty's legacy juvenile case management system, :;'~onfiguration sjj~tl'Pcati()llS r~Jated tolti;'<network or computer systems on which the

County's informatiol)services[u;~ performed andlor configuration specifications related to itscjlnplementatiol1}of Tedisl';are.Juvenile. "Confidential Information" includes informatl¢n in any form,>whetherwritten, electronic, or verbal. Additionally, the term "ConfideIlti<tI>Informatici11" shall include any notes, analyses, compilations, studies, interpretatiol1s'rncmoral1:da or other documents prepared by a Party or its Representatives that contain, refr~ctC)r~te based upon, in whole or in part, any Confidential Information furnished to the Par(y(11e "Recipient Party") or its Representatives by another Party (the "Disclosing Party") under this Agreement.

Survival. This Article IV. shall survive any termination, cancellation, withdrawal, or expiration of this MOU.

3

MOl] AMONG PARTICIPATING [~OCAL GOVTS, FOR TECHSHARE..lUVEN!LE

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V. TERM AND TERMINATION

The terms and conditions of this MOU shall be indefinite unless terminated by one of the Parties. This MOU may be terminated by either Party with a thirty (30) day written notice to the other Party. This article V. shall survive any termination, cancellation, withdrawal, or expiration of this MOU.

VI. WARRANTIES

No Party to this MOU warrants the availability, acc"li~~ty, quality, reliability or fitness for a particular purpose of any data or information m~~e a\'ailable under this MOU. Third party warranties or guarantees may inure totbfhenefit '(iI <the parties to a particular Project if such are contractnally secured asp~rt;of such Project~jh()wever, no Party to this MOU shall be held liable for a warranty otguarantee offered by a~hird party, if any. All conditions, representations and warranties.,. whether express, lJ:ll]Jlied, statutory or otherwise, including, without limitation, any im.pl,ied watra:nty or mercif!l\l1tability, fitness for a particular purpose, or non-tJi'fringement oftm~d'party rights, are ii,&~ilby disclaimed by all Parties to this MOU to the rii~xim\.j~ extent p~hhitted by applicable law.

" '""<?~;' <>

Survival. This Article VI shall survive i~frtilhation. can2~jl'\tion, withdrawal, or expiration of this MOU.

··$;u. NO~rCE

Any andftl~l'\~t~~~$.tobe ~i~€lr.hn(f~¥H;f~'·MOuB~li Participating Local Government shall be deemedtd h;a'v~be~Jf:~~Y.~n if reduced to wPi~Il1g anCl'delivered in person or mailed by overnight or cerff£t<ed mail, retunnr'e~eipt r~~i,)e~ted, postage pre-paid, to the Parties at the addresses set forth onth}"signatory pag~~belowbrto such other addresses designated in writing to all the Participating Local Governmepts. An~ notice required hereunder shall be deemed to have been given three (3) days subsequerino the datidt was so delivered or mailed.

VIII. AMENDMENT

This MOU may not be amended except in a written instrument specifically referring to this MOU and signed by the Parties hereto. Any modification, alteration, addition or deletion to the terms of this MOU which are required by changes in federal or state law are automatically incorporated herein without written amendment to this MOU and shall be effective on the date designated by said law.

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IX. CURRENT REVENUE

The Parties hereby warrant that all payments, expenditures, contributions, fees, costs, and disbursements required of each Party hereunder or required by any other agreements, contracts and documents executed, adopted, or approved pUTsuant to this MOU, which shall include any exhibit, attaclnnent, addendum or associated document, shall be paid from current revenues and resources available to each paying Party. The Parties hereby warrant that no debt is created by this MOU.

X. FISCAL FUNDING· .

The obligations of the Participating Local Governme~is pursUltn1 to this MOU are contingent upon the availability and appropriation of sufficientfllncling. AiiY'R:arty may withdraw from this MOU without penalty in the event funds ~re:n.d( available or<;appropriated by giving the appropriate notice pursuant to Sections V andM~I. However, no Party wltJ>be entitled to a refund of amounts previously contributed in the evel1tof withdrawal for lick()f funding, unless expressly agreed in writing by the Parties.

';'. XI '''', kPpde~B'LE LAW;',

>' ""~<:/r "'<"":i

This MOU shall be expre:s,.~!y>~ubject to~lte pa~tic!~~~illg Pard~~' sovereign immnniry and other governmentatimmti'illl¥ ard all arhllicable feM~iil<~l1d state law. This MOU shall be governed by and co~strved in accptdance wifli,,~he laws of'theState of Texas. Venue shall lie exclusively in Dallas Co&W!y, Texas. . ."

·.XII.

In the ;~J~ri:tAhat one or!dte,of theproyisionscontained in the MOU shall for any reason be held to beil1valid, illegal6runenforQ~able in any respect, such invalidity, illegality or unenforceabilitY·of the MOUshall be construed as if such invalid, illegal or unenforceable provision has nev~rb~en contain~d herein, but shall not affect the remaining provisions of this MOU, which shall re.g)ain in force and effect. This article XII. shall survive any termination, cancellation, withdraw<tl;0rej(pifation of this MOD.

XIII. ASSIGNMENT

The Parties may not assign their respective rights and duties under this MOU without the prior written consent and/or approval of the remaining Participating Local Governments, acting by and through their respective governing bodies, even if such assignment is due to a change in ownership or affiliation. Any assignment attempted without such prior consent and/or approval by the remaining Participating Local Governments shall be null and void.

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Survival. This Article XIII shall surVIve any termination, cancellation, withdrawal, or expiration of this MOU.

XIV. ENTIRE AGREEMENT

This MOU, including any and all exhibits, attachments, andlor addendums incorporated as a part hereof, shall constitute the entire agreement relating to the subject matter herein between the Parties and supersedes any other agreement conceming the subject matter of this transaction, whether oral or written. Each Pariy acknowledges that the;Qt1wr Parties, or anyone acting on behalf of the other Parties, have made no representations,in<11.tcements, promises or agreements, orally or otherwise, unless such representations, indticetii~llts, promises or agreements are embodied in this MOU, expressly or by incorporation:'?:: ':,

XV. .' :;:':::;i~:\::'f'

All P,rli~ 'g'" t, b. '''P'""ih:E::'~:::B;:T:;'j;'''. ",b:';;'*",~;,"" "' ,"" tortious conduct in the course ofp.er;f()rmance onfii$;MQU without waiving any sovereign immunity, governmental immunit§~f:gt!ter defenses~"a,ilable to the Parties under federal or State law. Nothing in this paragta,phshaUbe consh'~;e~ to create or grant any rights, contractual or otherwise, in or to anY third persons or elitiVes. All Parties agree that any such liability or damagesoc~\lrring dlirillg theptlrf?rmanceN this MOU caused by the joint or comparativ~lleglig~j)ceof the Parties,()r:tfi~irenlpIoy~es, agents or officers, shall be determined in acc~r,dance withcomparativerespousibillty laws of Texas.

'.' •..• : .. ,.:;.;..... XV'!'.' . :f:;;?:;., '.: ·.··CJISGOMPlifANCE

All P~fti~~ and thei;t~§Psc:l~e:¥BWIOye:;,'~§ten~s, contractors, and snbcontractors agree, warrant,~ndrepresent theysl1all be ctllIpliarlt with the Federal Bureau of Investigation Criminal Justice Infordla,tion SecurityEq1icy versIoll,5.0 pursuant to this MOU. Further, all Parties agree, warrant, and re~~X?ent they are cQmpliantwith the Texas Department of Public Safety policies regarding accesstb"QJiminal Justice Information. Additionally, all Parties specifically agree to be responsible for theil:'O»'11 indi;ii.c:lual ongoing compliance with regard to the Federal Bureau of Investigation Criminal Jiisticelriformation Security Policy and the Texas Department of Public Safety criminal justice inforination policies.

XVII. SOVEREIGN IMMUNITY

This MOU is subject to Dallas County's Sovereign Immunity and Dallas County expressly does not waive any applicable local, State and federal rules and laws, including Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code. Further, the Parties acknowledge and agree Dallas County does not have the ability under Article III, Section

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49 and Article XI, Section 7 of the Texas Constitution to indemnify any party or third party damages pursuant to this MOU.

[SIGNATORY PAGES SHALL FOLLOW]

7

MOU AMONG PARTICIPATING LGCAL GOVTS. FOR TECHSHAREJUVENILE

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109

BINDING AGREEMENT, AUTHORITY, PARTIES BOUND

By signing this page, each Participating Local Government or Party represents that it has the full right, power and authority to enter and perform this MOU Among Participating Local Governments and Dallas County/or TechShare.Juvenile in accordance with all of the terms and conditions, and that the execution and delivery of this MOU has been made by an authorized representative of each Party to validly and legally bind the same Pmiy to all terms, performances mld provisions set forth in this MOU.

DALLAS COUNTY

By:

Name: Clav Jenkins

Title: Dallas County Judge

Date:

Address: 411 Elm Street 2nd Floor

Dallas, Texas 75202

Dallas County*

Craig Watkins

Teresa',.(Duerra Snelson

Chief, CivilBivision

BY:

Randall Miller

Assistant District Attornev

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

8 SIGNATORY PAGE

MOl! AMONG PARTICIPATING LOCAL GOVTS. FOR TECHSHAREJUVENILE

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110

BINDING AGREEMENT, AUTHORITY, PARTIES BOUND

By signing this page, each Participating Local Government or Party represents that it has the full right, power and authority to enter and perform this MOU Among Participating Local Governments and Dallas County for TechShare.Juvenile in accordance with all of the tenns and conditions, and that the execution and delivery of this MOU has been made by an authorized representative of each Party to validly and legally bind the same Party to all terms, performances and provisions set forth in this MOU.

COUNTY/CITY OF ______ _

Title:

Date:

Address: ____________ -CC.,:::::.: ..

9 SIGNATORY PAGE

MOll AMONG PARTICIPATING LOCAL GOVTS. FOR TECHSHAREJUVENILE

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April 29, 2013

DALLAS COUNTY PUBLIC WORKS

MEMORANDUM

TO: Commissioners Court

111

D!~LLAS COUNTY 'C,~,r' RS COURT 1,-; ,j i J \, '

13 MAY -I PM I: IS

THROUGH: John Wiley Price, Commissioner District No.3

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

SUBJECT: F.P. LUCAS BOULEVARD MCIP PROJECT 21904 (McKenzie Drive to Cartwright Road) AMENDMENT NO.2 TO THE CONSULTANT CONTRACT FOR PRIMARY DESIGN ENGINEERING

BACKGROUND

F.P. Lucas Boulevard MClP Project 21904 from McKenzie Drive to Cartwright Road was selected in the third call for projects for the Major Capital Improvement Program for Program Year 2013. The project is located in Road and Bridge District 3 and in the City of Mesquite.

A primary design contract for F.P. Lucas Boulevard was awarded to APM & Associates, Inc., by Court Order No. 2008-2235 dated November 25,2008 and amended by Amendment No. I for a total revised contract amount of$308,350.00

Additional design services are required for Mesquite Creek channel improvements, water and wastewater main relocations, and changes to the paving and drainage plans for phased construction to include one set of lanes in the first phase to accommodate City funding availability.

APM & Associates, Inc., has submitted a request for an increase in engineering services fee and a fair and reasonable amount of $152,340.00 has been negotiated to compensate them for the additional design services required.

PROJECT SCHEDULE

Project design plans should be complete in about four months. Construction is scheduled to begin in 2013 following ROW acquisition and utility relocations.

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

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Commissioners Court Page Two

:FINANCIAL IMPACT

112

The request for an increase in the total engineering fee of$152,340.00 will increase the contract amount from $308,350.00 to $460,690.00. Funding in the amount of $152,340.00 is availahle in MCIP Fund 196, Project 8201, for the Amendment No.2 to the Consultant Engineering Services Contract.

STRATEGIC PLAN COMPLIANCE

This project will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas Connty proactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residents and bnsinesses.

RECOMMENDATION

Public Works has reviewed the request to increase the engineering design services fee and recommends the execution of Amendment No. 2 to the Consultant Engineering Services Contract with APM & Associates, Inc., for F.P. Lucas Boulevard MCIP Project 21904. If Commissioners Court is in agreement, a court order authorizing the County Judge to execute said Amendment No.2 to the F.P. Lucas Boulevard MCIP Project 21904 Consultant Engineering Services Contract with APM & Associates, Inc., for an increase in fee of$152,340.00 to be paid from MCIP Fund 196, Project 8201, will be placed on the next regular agenda.

Approved by:

Afum£;(cyn Director of Public Works

Attachments (Amendment No.2)

cc: Ted Tegene, P.E. John 1. Mears, P.E.

JLM:mg

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

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COUNTY OF DALLAS

STATE OF TEXAS

§

§

113

AMENDMENT NO.2 To.The

CONSULTANT ENGINEEruNG SERVICES CONTRACT: F.P. Lucas Boulevard MCIP Project 21904 From McKenzie Road to Cartwright Road

Between COUNTY OF DALLAS, TEXAS

And APM & ASSOCIATES, INC.

The Consultant Engineering Services Contract for engineering services on F.P. Lucas Boulevard MCIP Project 21904 from McKenzie Road to Cartwright Road that was effective November 25, 2008, pursuant to Court Order No. 2008-2255, ("Contract") by and between the County of Dallas, in the State of Texas ("County") and APM & Associates, Inc. ("Consultant") and amended by Amendment No.1 is hereby further amended by both parties.

A. ARTICLE II.2 BASIC SERVICES of the Contract shall be amended by adding the following additional services to be performed by Consultant as detailed further in the attached Scope of Services:

1. Mesquite Creek Improvement 2. Existing Bridge Pier Protection 3. Plan Preparation for a 2- Phase Project 4. Water and Wastewater Main Relocations 5. Miscellaneous Changes to Paving and Drainage Plans

B. ARTICLE IIJ SPECIAL SERVICES ofthe Contract shall be amended by adding the following additional services to be performed by Consultant as detailed further in the attached Scope of Services:

I. Environmental Permitting (USACE), CLOMR and LOMR submittal (FEMA) 2. FEMA Review & Processing Fees

C. ARTICLE III.2, "Basic Services Fee" of the Contract is amended by increasing the Basic Services Fee by an additional One Hundred Twenty Two Thousand Four Hundred Forty and 00/100 Dollars ($122,440.00) and ARTICLE III.3, "Special Services Fee" of the Contract is amended by increasing the Special Services Fee by an additional Twenty Nine Thousand Nine Hundred and 00/1 00 ($29,900.00) for a Total Service Fee increase of One Hundred Fifty Two Thousand Three Hundred Forty and 00/1 00 Dollars ($152,340.00). Thus the Total Services Fee in ARTICLE III. I "Total Services Fee" of the Contract is now increased from Three Hundred Eight Thousand Three Hundred Fifty and 00/100 Dollars ($308,350.00) to Four Hundred Sixty Thousand Six Hundred Ninety and 00/100 Dollars ($460,690.00).

D. This Amendment No.2 shall be effective on the date of execution.

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114

E. All provisions of the Contract and any written amendment thereto, not inconsistent herewith, shall remain in full force and effect.

Executed on this _________ day of ,20 __ .

DALLAS COUNTY

~,,'p; Director of Public Works'

APPROVED BY:

Clay Lewis Jenkins County Judge

CONSULTANT (APM & AS TES, INC.)

. Olabimtan, P.E President

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115

APM & Associates, Inc. D~dJ;i-"

For! Wunh H()\!S!(lll

Engineering "Ptanning eM Services

March 13, 2013 Ptmuc ll'nm'", VJi1l:..J~~

Mr. John Mears, P.E. Assistant Director Engineering and Construction Dallas County Public Works Department 411 Elm Street,4th Floor Dallas, TX 75202

Re: F. P. Lucas Boulevard· McKenzie Drive to Cartwright Road Dallas County MCIP Project 21904 Amendment No.2 to Contract for Primary/Final Design Services

Dear Mr. Mears:

#4AR 2 62013

~BY:1JJ!.

We are pleased to submit this fee proposal for Amendment No.2 to the contract for final design of F.P. Lucas Boulevard, per Commissioners Court Order 2008-2255. These additional services are for work not included in the initial scope of services and to address changes initiated by the City of Mesquite:

1. Mesquite Creek Improvement Work necessary to prepare grading pian tor excavation of Mesquite Creek and its overflow channel to improve hydraulic !fow through the bridge. It is necessary to obtain the USACE Section 404 nationwide permit and submit applications to FEMA for a Conditional Leiter of Map Revision (CLOMR) and a finalle!!er of Map Revision (LOMR) for the project. Halff Associates will perform necessary hydraulic analysis and submittals to the agencies. (Halff's proposal is attached).

2. Existing Bridge Pier Protection The proposed channel excavation will expose the existing bridge piers, constructed by TxDOT, an average of 10 feet, necessitating that the piers be protected from future deterioration. APM will prepare structural details for a concrete jacket around the exposed drilled piers. APM will also prepare plans to extend the existing gabion wall, constructed by TxDOT, in the channel bed to protect the west abutments.

3. Plan Preparation for a 2·Phase Project Due to low traffic volume on F.P. Lucas, the City of Mesquite has requested to build only half the roadway using the existing bridge. The remaining roadway and proposed bridge will be future project. This effort will phase the project to accommodate the City's request.

4. Water and Wastewater Main Relocations Work necessary to prepare relocation plans for water and wastewater mains in areas of deep cuts, fire hydrants and appurtenances.

5, Miscellaneous Changes to Paving and Drainage Plans Work necessary to address City requested changes including, extending sidewalks, cross section modification to increase parkway width and revision to right-ol-way. Attend plan review meetings with the City and County.

;-I,';I(IUliiln('I-'

.2::-11 I :\ 1d I :', \1 i'l'C't. SUill" I ! r II )

JHh" !c\i.1 '';.:ili :21-li 7-1-,,,-.~r;:-;:~ )"1\' 1;1-+1 ",'..j,,!.-+()()I

~7nll CIIIl,ni\~rc't' Pur"k Dr .. ,)[liit' /37 j i,ll1':U:l. r~ Y;(I3(,

I: I ., I 7Ti~ 15 'fj hi \: I 7 I_~ J Tn_ll) I <.)

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Mr. John Mears, P.E. Contract Amendment No.2

I. BASIC SERVICES

116

FEE PROPOSAL

MAN HOURS

Project Manager

Supvr. Engr.

Design Engr.

CADD Total Task Tech. Clerical Manhour

1. Mesquite Creek Improvements 16 100 24 24

2. Existing Bridge Pier Protection 12 40 60 80

3. Plans for 2-Phase Project 8 80 40 100

4. Water & Wastewater Main Relocation 16 80 120 160

5. Miscellaneous Paving & Drainage Changes 24 40 40 80

Total Manhour 76 340 284 444 Hourly Rates ~t65 W§ !10.~ ill Total Cost: $12.540 $45.900 $29.820 $33,300

Tota/Basic Services:

II. SPECIAL SERVICES

1. Environmental Permitting (USACE), CLOMR and LOMR Submittal (FEMA) Halff Associates Revised Proposal dated 2/28/13 (attached) Halff Associates Proposal dated 3/2111 (Amendment No.1) Additional Fees by Halff:

2. FEMA Review & Processing Fees (Allowance)

$59,000 $45.000

Total Special Services:

TOTAL ADDITIONAL FEES:

16

16 $55

$880

$14,900

$15,000

Should you have questions about our proposal, please do not hesitate to call me.

Sincerely, ;;;;;

~PUL----Afisu Olabimtan, P.E. President

164

192

228

376

200

1.160

Page 2

Total Cost

$20,460

$19,680

$23,820

$38,040

$20,440

$122,440

$122,440

$152,340

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1---- PROBABLE CONSTRUCTION COST ESTIMATE [ FP Lucas Blvd Utility Adjustments

Prepared By: APM & Associates, Inc. 13-Mar-13

Water Main 8. Water Adjustments .

Item Description Units Quantity Avg. Unit Price Total

1 12" Water Line PVC LF 3000 $70.00 $210,000.00 2 18" Water Line DI LF 2000 $125.00 $250,000.00 3 8"WWPVC LF 500 $60.00 $30,000.00 4 12" WW PVC LF 100 $95.00 $9,500.00 5 15"WWPVC LF 800 $100.00 $80,000.00 6 Relocate WW Test Site EA 1 $2,000.00 $2,000.00 7 Install FH EA 16.0 $3,000.00 $48,000.00 8 Remove & Salvage FH . EA 6.0 $500.00 . $3,000.00 9 Trench Safety & Support LF 6400.0 . $2.00 $12,800.00

--J

10 ADJ Water Valve & Stack . EA . 4.0 $200.00 $800.00 11 ADJ MH EA 12.0 $600.00 $7,200.00 12 Install FH Extension EA 16.0 $500.00 $8,000.00 13 Remove FH Extension EA 6.0 $50.00 $300.00

Sub-Total Water $661,600.00 Contingency ( 15% ) $99,240.00

Water Total -

$760,840.00

Page 1

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HALFF'

February 28, 2013 AVO P.7716HH\PR02

APM & Associates, Inc. 2201 Main Street, Suite 1100 Dallas, TX 75201

Attn: Afisl1 Olabimtan, P.E., President

118

Re: Faithon P. Lucas Boulevard Bridge FEMA Submittals

Dear !vIr. Olabimtan:

Halff Associates, Inc. respectfully submits this Letter Agreement for professional engineering services related to the following study:

FEMA Floodplain Submittals for Faithon P. Lucas Boulevard Bridges

The newly constructed bridge cro::ising South hiesquitc Creek for the southbound lant:s of l;'aithon P. Lucas Boulevard was constructed by TXDOT in 2008. The bridge for the nonhbound lanes has been designed for Dallas County and is scheduled to be constructed. This study will determine if FElvIA effective Base Flood Elevations (BFE's) are affected by the newly constructed TXDOT southbound bridge and the proposed northbound bridge on South Mesquite Creek. 111e project includes submittal of applications to FEMA for a Conditional Letter of Map Revision (CLOMR) andlor Letter of Map Revision (LOMR) following construction.

Halff Associates proposes to provide the following engineering services:

Scope of Work

A. Phase 1 - Review Existing Hydraulic Study

1. Review existing models developed as part of the 2009 Hydraulic Restudy of Faithon P. Lucas Boulevard performed by APM Associates. Determine if the existing study modeling meets the City of Mes<]uite's minimum floodplain criteria. The modeling from this study will be used as parr of the modeling effort required for map cbange submittals to FEMt\.

B. Phase 2 - Environmental Permitting (USACE Section 404)

1. } urisdictional Delineation Report An on-the-ground jurisdictional determination will be performed to identify the limits of waters of the United States, including wetlands. The delineation will employ the use of GPS surveying techniques to map the limits of potential waters of the United States. Halff will prepare wetland data forms and on-site photography for representative sites. A jurisdictional

HALFF ASSOC!ATES. INC.

1201 NORTH 80WSEH rWAD WCl-IAf'l)SO~I, TX 75081';)275

"1ft. (2\1.) 3,1/';·G200 FAX Olio) 739"0095

WWV/.l-iALFr:.CO,v,

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HALFF' Afisl! ()J:,.b;ml~O, P.E .. AP;..r & :\s$od~trs, Inc.

February 28, 2013 J)ag~ .2

determination report consistent with the USACE "Procedures for Jurisdictional Determinations" (dated March 24, 2003) in addition to the "Regional Supplement to the COipS of Engineers Wetlands Delineation Manual: Great Plains Region (Version 2.0)" will be prepared describing the methodology and results of the investigation, so that the report may satisfy the jurisdictional determination requirement for a permit application. Reports prepared for Department of the Army permit applications to document the process should include the following: • Pwpose of the investigation, defining limits of the investigations; • lVfethods, including:

description of the approach used to delineate wetlands and other waters of the United States; and description of tlle conventions used to map the limits of waters of the United States.

• Results, including: a ,~cinity map or maps, (preferably USGS 7.5 m.i:t1Ute or other smaller scale topographic maps) depicting the location of the site and showing the limits of the site investigated; a narrative addressing the size of the site in square feet and/or acres; a description of any physical features; a chdrac(erization uf hydrOlOgy addressi.ng direction, source, frequency, and duration of on-site drainage; identification of any named waterways on or in the vicinity of the site; and other pertinent information on hydrology; a characterization ofvegetacive comn1unities and dominal1t species occurring within each community type; a characterization of soils present on the project site using information derived from county soil sutveys) evaluation of soil samples, and other sources; a comparison of the soils, vegetative, and hydrologic conditions between werland and upland areas, a desctiption of riparian and other buffer features around water features;

preparation of wetland determination data forms; photographs taken from several locations throughout the project site; current and historic aeriaJ photographs; and an)' other relevant historic permit information or maps.

II Conclusions, induding: a description of, and map depicting, potential waters of the United States (water features that have an ordinary high water mark or arc wetlands) present in the study area, including:

o wetland type(s), e.g. emergent, forested, scrub-slmlb, etc. and o other water type(s), e.g. perennial, intemuttent, or ephemeral stream,

tCsclYoir, pond, etc' t as appropriate.

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120

III HALFF" ••• Afi~tl OLlbimHl.ll, )I.H.

,\Pld & :\ssocinrcs, 11\1; . February 28, 20n

!"a,llcJ

2. Nationwide Permit Prc-Consttuction Notification Nationwide Permit 14 - Linear Transportation Projects (NWP 14) authOl1zes actlvirJes required for the construction, expansion, modification, or improvement of linear transportation projects in waters of the United States. For linear transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States, Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.

The permittee must submit a pre-construction notification to the district engineer prior to commencing the activit)' if the loss of waters of the United States exceeds 1/10-acre or if thel'e is a discharge of fill material in wetlands. The contents of a preconstruction notification include: • • •

• • • •

Name, address and telephonc numbers of the prospective penninee; Location of the proposed project; A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the N\'(lp acti\~ty, in acres, linear feet, or other appropriate unit of measure; Delll1eation of waters of the United States (provided by Jurisdictional Delineation Task); Compensatory mitigation plan; TI1reatened and endangered species assessment; and Cultural resources Investigation (see scope below).

Halff will overlay the results from the delineation phase with the proposed project to determine if the project is below the impact thresholds for NWP 14. In the event the limits are exceeded, Halff will meet with t1,e Engineer to discuss modifications to the project or submit an individual pemut under a different scope and fee. Halff also assumes that pl'Oposed channel modifications to South Mesquite Creek are within the scope of NWP 14. The USACE will make the final determination; if an individual permit is l'equired, Halff will cease work on the NWP and submit an individual pWDit under a differem scope and fee. All work up to that point can be used for the indh~dual pemut application.

3. Culmral Resources Investigation Cultural resource investigations will be conducted to complete d,e requirements of Section 106 of the National Historic Preservation lkt (NHP A) since the project will require the use of a Section 404 permit, In addition, the investigations will be performed in compliance with the Antiquities Code of Texas (13 TAe 26 and Title 9, Chapter 191, Subchapters A-F of the Texas Natural Resources Code, as amended) due to Dallas County being a political subdivision of the State of Texas. As outlined in Section 106 p1'Ocess of the NHPA, the USJ\CE will serve as the lead federal agency and determine the level of effort and extent of jurisdiction for the cultural resource investigation. It ig anticip;ltcd that agency coordinat.ion will result in the necessity of a cultural resource field survey. Therefore, an antiquities permit application will be prepared and submitted to the Texas Historical Commission, which will indude the results of a cultun.l resource background review and a research design outlining

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HALFF" '\Ii~u O!abimm!l, P.l\. AI''\! &. ,bsocillles, lne.

Fcbrl1~tr 28, 2013 Page 4

the methods to be used during the field sillvey. Projects of tIus nature typically includc visual inspection and shovel testing witlun all portions of the project area. Previous investigations associated with the construction of the existing bridge over South Mesquite Creek have likely elinUnated the need for further investigations in the vicinity of the bridge. Therefore, backhoe trenching is not anticipated as being necessaty for the current project and is not included as parr of the proposed field survey. In the event that the THC necessitates backhoe trenching in any undisturbed areas within the South Mesquite Creek floodplain, the backhoe trenching will be considered an additional service. In addition to the survey, an asseSSlnent of historic-age resources, defined as any building, structure, object, historic district or non-archeological site at least 45 years old at the time of the sUlvey, will likely be needed in order to fulml the requirements of the Section 106 process of the NHPA. This assessment throughout the Area of Potential Effects (APE) for historic-age resources, as established by the USACE, will deternune the potential eligibility of each historic-age resource for listing on the National Register of Historic Places (NRHP). The results of the cultural resource investigation will be summarized in a professional report that will include recolnmenclations 011 eacll cultural resource's potential for NRHP ISrate Archeological Landmark (SAL) eligibility or the necessity for further investigations, and will be submtted to all applicable agencies for concurrence.

J n the ei.-Tnt. tbal" the pcrm.itting ,1:.;scssment phase determines thnr an individual pcrmjt is nccued, Halffwill subn"Iit a new scope and fee for APM & Associates, Inc. for approval.

C. Phase 3 - Conditional Joette! of Map Revision (CLOMR)

1. Hydraulic Modeling

Obtain the preliminary Digital Flood Insurance Rare Map (DFIRi'vl) existing hydraulic model for South Mesquite Creek from Halff internal tiles. This model is from the 2008 City of Mescluite Floodplain Update Study. Obtain the FEMA effective hydraulic model for South :Mesquite Creek from the ['EMt\ Project Libral'J'. Obtain as-built plans of the recently constructed TXDOT bridge and update the existiog and effective South Mesquite Creek hydraulic models with the recently constiucted TXDOT bridge croSSll1g to establish the pre-project or corrected effective models. Obrain proposed bridge plans of the northbound lalles bridge across South Mesquite Creek from APM & Associates. Modify the pre-project hydraulic models to reflecr the proposed bridge. Execute models and debug. Plot proposed condition profile. Create water surface elevation and flow velocity comparison tables for the different site conditions. Scope of work does not include mitigation or design modifications jf bridges result ill FEMA adverse impacts. Create hard copy and digital copy of all hydraulic models. Plot final cross-sections, all models.

2. Forms and Exhibits

• Complete rhe foUowing forms, and include attachments and exhibits as required by FEMA F01111 1 - Ovelview and Concurrence FOl1TI

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HALFF' ,\fl!>U Obbimtan, P.E . . \}';\I & A.sucialci', lut.

Form 2 - Riverine Hydraulics and Hydrology Form Form 3 - Rivedne Stmctures F01m Payment Information Form

Fdmmrr 28, 2GB Pa~~ 5

• Compile compadson tables, including but not limited to, a l-percent-annual-chance flood elevation comparison table, floodway comparison table, and a flow velocity comparison table.

• Delineate exisring and proposed l-percent-annual-chance floodplain (exisring watershed conditions).

• Digitize or otherwise transfer to CAD the prelimir1a1y floodpbin delineations (l-percent­annaul-chance floodplains). Merge with site plan exhibit and proposed delineations.

• Prepare I" = 1000' scalere,~sed FIRM and DFIRM exhibits and annotate.

3. Compliance with the Endangered Species Act Q::<:St\)

• Perform a desktop review of listed species and limited Held work to confttm that no endangered species will be harmed.

• Apply for an Incidental TaI,e Pennit (ITP) if necessary.

• Obtain a letter from National Marine Fisheries Sen~ce (NMFS) and the U.S. Fish and Wildlife Service (lJSFWS) indicating their determination that the project is "not likely to adversely affect" ~ny en(hngered species,

4. CLOMR Application Report

• • •

Assemble and bind 3 copies of CLOlvlR Report (one for the City of Mesquite to keep, one to be sent overnight to the FEMA Headquarters in Washington DC, and one to be retained by Halff Associates). Additional copies can be prepared at an additional cost. Submit and present the report to the City of Mesquite for review, approval and signatures. Ylus scope of work includes a maximum of one (1) meeting \vith the City of Mesqnite for the pUlpose of review and signature of the Conditional Letter of Map Revision repoft. Overnight suhmittal to FEMA headquarters in Washington DC. Coordination ,vith City of Mesquite dltting review. Coordination with FEMA during the re,~ew stage, including modifications to analysis and report as required by FEMA

D. Phase 4 - Letter of Map Revision (LOMR)

1. Surve), of As Built Conditions for LOMR • Obtain field survey of South Mesquite Creek and the constructed southbound and

northbound iane bridges at cdtical locations. Survey will be llsed to validate the existing hydraulic model developed for the CLOlvlR srudy. Field elevations will be based on vertical datum obtained from the current Collin County FIRMs

II! Prepare an as.-built survey exhibit showing the, spot elevations) and topographic contours for the interior of the site.

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123

HAlFF' /\fi~ItOfabimlan, P.E. APM & A~$odat~$, Ille.

Fdm.lllt)" 28, 2013 J>app6

2, •

• •

3, •

• •

Hydraulics Modeling with As-Built Sll1"'O' Data Check survey data against the Proposed FJc2MA HEC-RAS model from the previous CLOMR study, If survey matches the proposed model, then create POSt Project FEMA HEC-MS mode! by adding cross sections from the previous proposed study, Execute and debug, If survey does not match the Proposed FEMA HEC-RAS model from the previous CLOMR study, additional effort will be required to make modifications to the FEMA model. Evaluation of the model for no adverse impact will be required, This effort is not contained in this proposal. Compute 10-, 50-, 100-, and 500-Yr flood profiles for POSt Project conditions, Create hard copy and digital copy of all hydraulic models,

Forms and Exhibits Complete the following forms, and inclllde attachments and exhibits as required by FElvL\.:

• Form 1- Oven~ew and Concurrence Form

• Form 2 - Riverine Hydraulics and Hydrology Form

• Form 3 - Riverine Structures FOlID Compile comparison tables, including but not llinited to a Fonn 4 water surface e!e\'ation check table, a 100-year flood elevation comparison table, Prepare tile Existing Conditions and post project conditions floodplain workmaps, Prepare a 1" = WOO' scale revised HRl'vI exhibit and annotate,

4, LOlvlR Application Report • Assemble and bind 3 copies of LOMR Report (one for City of Mesquite to keep, one to be

sent overnight fot submittal to the FEMA Headquarters in Washington DC, and one to be retained by Halff Associates Inc.). Additional copies can be prepared at an additional cost.

• Submit and present the report to the City of Mesquite for review, approval and signatures, This scope of work includes a maximwn of one (1) meeting with the City for tile pUllOase of review and signature of the Letter of Map Revision report,

• FEMA requires that a public notice of revisions to the floodplain maps be inserted in at least one local newspaper at the LOMR stage, the cost of which is determined by each newspaper, It is estimated that this cost will be $350 to $500 (not included in this scope),

• Coordination with City of Mesquite duling review, • Overnight submittal to FEMA headquarters in Washington DC. • Coordination with FEMA during the review stage, modifications to analysis and report as

required by FEMA once submitted, • Local (lI'fesquite) and/or fedem! (FEMA Washington DC) review and processing fees are

not included, i\ review and processing fee of at least $4400,00 for the CLOMR and $5300,00 for the Fillal Letter of Map Revision will be assessed by FE!vlA (as of 2010, fees may increase ,vithout warning).

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III HALFF· ••• Compensation

124

An~u Olabimt:lIl, P.I!k A PM &, ;\s~ocialcs, 11lc­

i"cbn.alY 28, 2013 • I'a.!:c 7

It is anticipated that these services can be accomplished for the following estimated budgets:

A. Phase 1 - Review of Existing Study

1. Review Hydraulic Restudy

Subtotal for Phase 1

B. Phase 2 - Environmental Permitting

1. ]urisclictional Delineation Report 2. Nationwide Pennit Pre-construction Notification 3. Cultural Resources Investigation

Subtotal for Phase 2

C. Phase 3 - Conditional Letter of Map Revision (CLOMR)

1. Hydraulic Modeling 2. Forms and Exhibits 3. Compliance with ESA 4. CLOMR Application Report

Subtotal for Phase 3

D. Phase 4 - Letter of Map Revision (LOMR)

1. Smvey of As-Built Conditions for LO:MR 2. Hydraulic Modeling with As-Built Conditions 3. Forms and Exhibits 4. LOMR Application Report

Subtotal for Phase 4

Tota! Lump Sum Fees

$1,500

$4,000 $5,600 $8,300

$6,500 $5,500 $3,500 $8,000

$3,000 $3,500 $4,000 $6,500

$1,500

$17,900

$23,500

$17,000

$59,900

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III HALFF' •••

125

Afisu Olabimwn, P.E, :\PM & 1\~$\JC~lt~~, '111<:,

Fcbmur;' 28, 2013 • !}agl!" B

Itis anticipated that Phases 1,2, and Phase 3 (up to submittal to FEMA) can be completed in approximately 4 monti,s. \'V'e appreciate the opportnnity to be of service to APM & Associates, Inc. and if tlus proposal meets with your approval please sign the attached contract Agreement. We look forward to working with you on this and future projects. Please fcc! free to contact us if YOll have any questions or comments concerning this matter.

Sincerely, HALFF ASSOCIATES, INC.

1ib:i.~1 Project Manager

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126

STANDARD FORM OF AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

APM 8< ASSOCIATES,INC. (CLIENT) AND HAlFF AsSOCIATES, INC. (ENGINEER)

l. SCOPE· Ha!ff Associates, Inc. (hereinafter "Engineer") agrees to perform the professional services described in the attached Scope of Services which incorporates these terms and conditions, Unless modified in writing by the parties hereto, the duties of Hatff shall not be construed to exceed those services specifically set forth in the Scope of ServIces. The Scope of Services and these General Terms and Conditions, when executed by APM & Associates, Inc., (hereinafter "Client"), shall constltute a binding Agreement on both parties.

II. COMPENSATION " Client agrees to pay monthly invokes or their undisputed portions. within 30 days of receipt. Payment later than 30 days shall include interest at 1~1/2 pen:::ent per month or lesser maxImum enforceable interest rate, from the date the Client received the invoice until the date Engineer receives payment. Such interest Is due and payable when the overdue payment is made.

It is understood and agreed by the parties that Engineer's receipt of payment/s) from Client is. not contingent upon Client's receipt of payment, funding, reimbursement or any other remuneration, from others.

Time-related charges wHl be billed as specified in this Agreement. Unless stated otherwise In this Agreement, direct expenses, subcontracted services and direct costs will be billed at actual cost plus a service charge of 10 percent. Mileage will be billed at current IRS rates.

Ul. RESPONSIBILITY· Engineer is employed to render a professional seNice only, and any payments made by Gient are compensation solely for the services rendered and the recommendations m(lde in carrying out the work, Engineer agrees to follow the standard practices at the engineering profession to make findings, provide opinions, make factual preselltatiofls, and provide professional advice and recommendations. Nothing contained herein shall be argued to have created any warranty or certifkatiOn and Engineer shaH not be required to provide any certification, assignment or warranty of its work but, upon request ilnd for a separate fee and at Engineer's sole discretioll, Engineer may agree to provide certain written statements regarding its services. Such statements shall be in a form acceptable to Engineer and shal! be I'equested with sufficient advance notice to allow Engineer to review the documents and prepare a suitable st<Jtement.

Engineer's review or superviSion of work prepared or performed by other individuals or

firms empfoyed by Client shall not relieve those indIviduals or firms of com plete responsibility fortha adequacy of their work. It is understood that any resident engineering or inspection provided by Engineer is for the purpose of determining compliance with the technical provisions of the project speCifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor, Engineer does not assume responsibility for methods or appliances used by a contractor, for safety of construction work, or for compliance by contractors with laws and regulations_

IV. SCOPE OF CLIENT SERVICES· Client agrees to provlde site access, and to provide those services described in the attached Scope of Services,

V. OWNERSHIP OF DOCUMENTS - Upon Engineer's completion of services and receipt of payment in full, Engineer grants to Client a non­exclusive license to possess the drawings and instruments produced in connection ~'Jlth

Engineer'S performance of the work under this Agreement, if any. $ald draWings and instruments may be copied, duplicated, reproduced and used by CHent for the purpose of constructing, operating and maintaining the improvements. C!lent agrees that such documents are not Intended Of represented to .be suitable for reuse by Client or others for purposes outside the Scope of Services of this Agreement. Notwithstal1ding the foregOing, CHent understands al1d agrees that any and aU computer programs, GIS applications, propr'letary data or processes and certain other items related to the services performable under this Agreement are and shaU remain the sole and exclusive property of Engineer and may not be used or reuse¢, in any form, by Client without the express written authorization of Engineer, With regard to aU drawings and instruments, Client agrees that any reuse by C/lent, or by those who obtain said information from or through Client, without written verification or adaptation by Eng'meer, will be at Client's sole. risk and without liabmty or legal exposure to Engineer, Engineer's subconsultants or independent associates. Client agrees to indemnify Engineer, Engineer's subconsultilnts and il1dependelH associates for 1I1i damages, liability 01' cost arising fl'ol11 such reuse. Engineer may reuse aU drawings, reports, data and other information developed in perfofming the services described by this Agreement in Eng'meeJ's other activit'l€s.

VI. INDEMNIRCATION ~ Engineer agrees to indemnity and hold Client harmless from any actual damages, liability or costs, including reasonable attorney's f<:!es and expenses, to the extent caused directly by the negligent act or omission or wUlftd mIsconduct of Engineer, Engineer's subconsuftants or those for whom Engineer Is legally liable, in the performance of the professional services which are the subject of this Agreement.

In the event that Client is found to be concurrently negligent, Engineer shall not 'lndemnify for the: proportionate negligence of Cliel1t, but shall only indemnify for the portion of negligence solely attributabh~ to Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees,

Neither party shall be liable to the other for incidental or consequential damages, whether or not the possibility of such damages has been disclosed or could have been reasonably foreseen.

The parties agree to indemnify olte another against damages of third parties recoverable from the Indemnitee to the extent caused by the comparative negligence of the indemnitor. Such negJ1gence shalf be measured by s.tandards In eHect at the time services are rendered, not by later standards.

Client acknowledges that Engineer may perform work at facilities that may contain hazardous materlals or conditions, and that Engineer had no prior role in the generation, treatment, stornge, or disposition of such materials and shall be Indemnified and defended by Client for any and aU cfaims arising out of the presence of hazardous materials or conditions except for those claims as determined by final judgment of a court of competent jurisdictiOil to arise out of the sale negligence of Engineer,

VII. INSURANCE - Engineer shall maintain during the life of the Agreement the foHowing minimum insurance:

A. Commerdal general nability insurance, including personal injury liability, blanket COlitractulll liability, and broad form property damage liability. Tile limit shall be not less than $1,000,000.

B. Automobile bodily injury and property d<llnage liability insurance with a fimfi of not less than $1,000,000.

Standard Form of Agreement· General Terms and Conditions· Page 1 of 2 Revised 20 Febfuary 2012

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127

HAlFF ASSOCIATES, INC.

General Terms and Conditions (continued)

C. Statutory workers' compensation and employers' liability insurance as required by state law,

D. Professional liability Insurance (Errors and Omissions) with a Ilmlt of $1,000,000 per claim/annual aggregate.

VIII. SUBCONTRACTS • Engineer shaH be entitled to subcontract any portion of the work described in the Scope of Services.

IX. ASS!GNMENT· This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Neither this Agreement, nor any claims, rights, obligations or duties associated hereto, shall be assigned or assignable by either CHent Of Engineer without the prior written consent of the other party.

X. iNTEGRATION· These terms and conditions and the letter agreement (Scope of Services) to which they are attached represent the entire understanding 1jf Client and Engineer. No prior oral or written understanding s.hall be of any force or effect with respect to th1jse matters covered herein. The Agreement may not be modified or altered except in wr!tlng signed by both parti(!s.

XI. JURISDICTION AND VENUE This Agreement shall be adminis.tered and interpreted under the laws of the State Texas. Exclusive venue shall lie in Dallas County, Texas.

XII. SUSPENSION OF SERVICES· If work under this Agreement is suspended for more than thirty (30) calendar days in the aggregate, the Englneer shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and mobilization costs and there also shall be an equitable adjustment in the work schedule based on the delay caused by the suspension. If work under this Agreement Is suspended for more than ninety (90) calendar days in the aggregate, the Engineer may, at its option, terminate this Agreement upon giving notice in writing to the Client. Engineer may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with normal progress of the work. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon (Ne (5) calendar days notice to the Cllent. The Engineer shall have no liabilitY whatsoever to the Client fOl' any costs or da!'nages as a result of such suspenSion caused by any breach of this

Agreement by the Client.

XIII. TERMINATION OF WORK • Either the Client or the Engineer may termInate this Agreement at any time with or without cause upon giving the other party ten (10) calendar days' prior written notice. Client agrees that termination of Engineer for Client's convenience shaH only be utilized in good faith, and shall not be utilized jf the purpose or result is the performance of all or part of Engineer's services under this Agreement by Cllent or by another service provider. The Client shall within ten (10) talendar days of termination pay the Engineer for aU services rendered and all costs incurred up to the date of Engineer's receipt of notice of termination, in accordance with the compensation provisions of this contract.

XIV. TAXES" The fees and costs stated in this Agreement, unless stated otherw'lse, exclude all sales, consumer, use and other taxes, Should regulations, laws, rules or other requirements be promulgated following execution of this Agreement eUent agrees to fully relmb urse Engineer and its 5ubconsultants for those taxes paid or assessed that were not enforceable as of the date of this Agreement.

XV. ALTERNATIVE DISPUTE RESOLUTION "

Any conflicts or disputes that arise under or through till.. AgreE'mpnt or fof!oVJin~ tht.'

completion thereof shall be discussed at a meeting of one senior management person from Client and one from Engineer. This meeting shaH be a condition precedent to the jnstitution of any legal or equitable proceedings, unless such meeting w1!f infringe upon schedules defined by applicable statutes of limitation or repose. Should such a 5ituation arise the parties agree that such meeting shall still be required but the institution of proceedings shall not be precluded for failure to meet this specific meeting requirement.

XVI. SEVERABILITY· Should anyone or more of the proviSions contained in this Agreement be determined by a court of competent jurisdiction or by legislative pronouncement to be void, invalid, Hlega!, or unenforceable in any respect, such voiding, invalidity, illegality, or unellfofceabWty shaH not affect any other provision hereof and this Agreement shall be considered as if the entirety of such void, invalid, illegal, or unenforceable provision had never been contained in this Agreement.

XVI!. TIMELINESS OF PERFORMANCE - Client recognizes that Engineer must perform its professional servlc€s with due and reasonable diligence consistent with sound professional practices.

XVlH. AGREED REMEDIES· JnJecognition of the relative risks and benefits of the Project to

both the Client and the Enslneer. and acknowledging that the allocation of risks and limitations of remedies are business understandings between the parties and such shall apply to all possIble theories of recoverY. including. without limitation., the risks have been allocated such that the Client agrees. to the fullest e)(teot permitted by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, In the aggregate. of the Engineer and the E!18IDeer's officers. directors. employees, agents. and subtonsultants to the Client or to anyone claiming by. through or under the Client. for any and all claims. losses. costs or damages whatsoever artsing out of, resulting frem or in any way related to the servlces under this Agreement from any cause or causes of the Engineer or the Engineer's officers. directors, employees, agents. and subconsultants. shall not elCc€ed the Engineer's fee for the services performed under this Agreement or $50,000. whichever is greater. Increased limits may be negotiated fer additional fee. Further! it Is the Intent of the parties to this Agreement that EngIneer's serVices onder this AgreEment shall not SUbject Engineer's inriividu8! emplo\-''Oes, officers or direclOl's to any personal legal exposure for claims and risks associated with the services performed or performable under this Agreement.

XIX. WAIVER - Any f-ailure by Engineer to require strict compliance with any provision of this Agreement shall not be constru<,d as <i

waiver of Such provisiol1, and Engineer may subsequently require strict compliance at any time, notwithstanding any prio!' failure to do

'0. APPROVED:

S!imdanJ Form of Asreemem General Terms and Conditions· Page 2 of 2 Revised 20 February 2012

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April 30, 2013

DALLAS COUNTY PUBLIC WORKS

MEMORANDUM

TO: Commissioners Court

THROUGH: Commissioner Mike Cantrell, District 2

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

128

S \:omny RS COURT

I 3 MAY - I PM I: I 8

SUBJECT: CONTRACT FOR INDEFINITE DELIVERY, INDEFINITE QUANTITY FOR CONSULTANT ENGINEERING SERVICES CDM SMITH, INC. (Formerly Doing Business as Wilbur Smith & Associates)

BACKGROUND

Pursuant to Court Order No. 2009-0845 dated May 5, 2009, Wilbur Smith & Associates, Inc. was awarded an IDIQ contract for the design engineering services for Road and Bridge District 2. Subsequent to the award of said contract, CDM Smith, Inc., acquired the assets of Wilbur Smith & Associates, Inc. Dallas County has been informed of the acquisition agreement by CDM Smith, Inc., and has received the attached Novation Agreement from CDM Smith, Inc., assuming all responsibility for any and all deliverables requested by County under the contract authorized by Court Order No. 2009-0845.

FINANCIAL IMPACT

As with the other IDIQ contracts, each work order would be paid for from the department or project funds for which the work is done.

STRATEGIC PLAN COMPLIANCE

By implementation of the Engineering Consultant IDIQ contracts, Dallas County fulfills Vision 1: Dallas County is a model interagency partner, Vision 4: Dallas County proactively addresses critical regional issues, and Vision 5: Dallas County is the destination of choice for residents and businesses.

RECOMMENDATION

It is therefore recommended that if Commissioners Court is in agreement, a Court Order will be placed on the next formal agenda authorizing the attached Novation Agreement with CDM Smith, Inc. for the IDIQ contracts for Engineering Services in District 2.

Approved by:

Al~E Director of Public Works

TS/mg Attachments (Novation Agreement)

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

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129

NOVA nON AGREEMENT

This Agreement is made and entered into as ofthe day of , 2013, by and between Dallas County acting by and through the Commissioners Court of Dallas County, 411 Elm Street, Dallas, Texas, and CDM Smith, Inc. (hereinafter referred to as "Consultant or CDM Smith, Inc.") with offices located at 3050 Post Oak Blvd., Ste.300, Houston, Texas 77056.

WHEREAS, pursuant to Court Order 2009- 0845 dated May 5, 2009, Wilbur Smith & Associates, Inc., was awarded an IDIQ contract for the design engineering services for Road and Bridge District 2; and

WHEREAS, subsequent to the award of said contract, CDM Smith., Inc. and Wilbur Smith & Associates, Inc. entered into an agreement pursuant to which, among other things, certain assets of Wilbur Smith & Associates, Inc. (the "Acquisition Agreement") were acquired by COM Smith, Inc.; and

WHEREAS, Dallas County by written notifications bas been informed of the Acquisition Agreement; and

WHEREAS as of the date of this Agreement no tasks have been performed by Wllbur Smith & Associates, Inc. under the IDIQ contract; and

WHEREAS, all parties have agreed to accept CDM Smith, Inc., as the consultant to Dallas County;

HIS AGREED AS FOLLOWS:

1. UNDERTAKING OF SUBSTITUTE CONSULTANT. CDM Smith, Inc., will undertake to perform said IDIQ Engineering Contract per

work order and to be bOUl1d by the tenns thereto in all respects as if CDM Smith, Inc., were an original party to said agreement in lieu of Wilbur Smith. & Associates, Inc., including but not limited to assumption of all liabilities, terms and conditions of the original contract and to be responsible for all acts of negligence in the execution of perfoDnance of service in the connection therewith.

2. RELEASE OF ORIGINAL CONSULTANT AND AGREEMENT FOR ACCEPTANCE OF SUBSTITUTED CONSULTANT.

Dallas County releases and discharges Wilbur Smith & Associates, Inc. from all claims and demands in respect to said agreement in all respects as if CDM Smith, Inc., were named therein in place of Wilbur Smith & Associates, Inc.

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130

3. RELEASE. CDM Smith, Inc, does hereby certify and agree that Dallas County has fulfilled

any and all obligations to Wilbur Smith & Associates, Inc., arising out of or from the lDIQ Design Engineering Services Contract and Civil Structures, Inc. does hereby release Dallas County from any and all liability to said contract.

4. AUTHORITY. Each party executing this agreement warrants and represents that such party has

full authority and is authorized by either Dallas County Commissioners Court or Corporate Resolution to execute this document and that the same is the act of either DafIas County or said Corporation.

IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Agreement to be signed by its County Judge, duly authorized to execute the same in its behalf by Court Order No. , approved by the Commissioners Court on _______ ~-" 20_, CDM Smith, Inc., signing by and through its duly authorized representative" thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the tenns and provisions of this Contract.

DALLAS COUNTY

ATTEST:

Clay Lewis Jenkins Dallas County Judge

Craig Watkins District Attorney

Teresa Guerra Snelson Chief, Civil Division

By: Sherri L. Tumer Assistant District Attorney

CDM Smith, Inc.

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

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DALLAS COUNTY PUBLIC WORKS

April 30, 2013

MEMORANDUM

TO: Commissioners Court

131

13 l1A Y - I PM I: 29

THROUGH:

FROM:

John Wiley Price, Commissioner, District 3 ,

Selas Camarillo, Assistant Director' Property DiViSiO~ SUBJECT: Resale of Tax Foreclosed Property at 11018 Grady Lane, Balch Springs, Texas ("Property")

Via Private Sale

BACKGROUND

The 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 January 19, 2012 for the non'payment of delinquent property taxes. The Sheriffs Deed to the Property is recorded in Instrument No. 201200351217, Real Property Records, Dallas County, Texas. Delinquent taxes on this property date back to 2006 and the Property has been tax exempt since 2012.

OnApril 29, 2013, the Public Works Department received an offer from Kent Carter of $12,000.00 to purchase the Property. Acceptance of the offer will discharge and extinguish only the ad valorem property tax liens for the tax years 2006 - 2010 included in the tax judgment. The purchaser will be responsible and liable for the payment of post judgment tax liens that have accrued since the strike off date, totaling approximately $1,025.00.

STRATEGIC PLAN COMPLIANCE

Sale of the Property is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the Countis Strategic Plan in selling tax foreclosure propelties 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 with the Tax Code and the Dallas County Tax Foreclosure Resale Policy. Pursuant to Section 34,05(i) of the Tax Code, the City of Balch Springs and the Dallas Independent School District have adopted resolutions consenting to the sale of the Property.

Dallas County will execute a Quitclaim Deed that will contain an aclmowledgments that the Property is being sold subject to the prior owners' remaining right of redemption, if any, that the grantee assumes responsibility for the payment of 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 the quitclaim deed, and that the property is being purchased "AS IS, "WITH ALL FAULTS", and with no express or implied warranties of any kind whatsoever.

IMPACT ON OPERATIONS

Acceptance of this offer will eliminate future maintenance and management costs incurred by both City and County.

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

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Commissioners Court April 30, 2013 Page 2

FINANCIAL IMPACT

132

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-II-30567, styled Dallas County, et al vs. Evaristo Ramirez, el aI, DCAD Account No 120275000700500000 DCAD Value 15 000 00 , ,

Less Expenses Recoverable Balance For Taxes To Be Percent

Purchase Under §34.06 Distribution Taxes Due Percent of Recovered Taxes Amount Tax Code To Taxes In Judgment Judgment In Judgment Recovered

$12,000.00 ($3,770.23)* $8,229.77 Co.: $1,947.13 23% $1,883.00 I

97% City: $2,179.08 26% $2,107.31 DISD: ~4,383.86 51% ~4,239.47

$8,510.07 $8,229.77 , . -Dal1a~ County Admlnlstratlve Cost of$1,500.00 (Depos!t. 00120.44557, Sale of ReaJ Estate), Court Costs of$2,270.2.), City Maintenance Cost (requested)

,

Per DCAD, the vacant lot 103 feet x 321 feet and contains 34,026 square feet of land. Taking into account the additional post judgment tax liens for 2011 and 2012 of approximately $1,025.00, the purchaser will be pay approximately $13,025.00 for the property, which is 87% of DC AD value of$15,000.00. Additionally the Property will be back in private ownership after having taxes delinquent for seven years.

PERFORMANCE MEASURES IMPACT

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

PROJECT SCHEDULE

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

RECOMMENDATION

May 14,2013 June 13,2013

The Department of Public Works has reviewed the offer and recommends the Commissioners Court, upon receipt of the balance of the purchase price: (I) accept the Offer and Purchase Agreement from Kent Carter president of Kent Carter, Inc. for $12,000.00 to purchase the unimproved tax foreclosure property at 11018 Grady Lane, Balch Springs, Texas, DCAD Account No. 12027500070050000, 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 to Kent Carter, Inc., subject to the previous ownerts remaining right of redemption, if any, and to the purchaser's obligation to pay post judgment taxes, including the pro rata property taxes for the remaining part of the then current year, and (3) authorize the Tax Assessor Collector to receive and disburse the proceeds in accordance with §34.06 of the Property Tax Code.

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

APPROVED BY:

AI . Blair, P.E., Director of Public Works

Attachment: Map

cc: Paul Hamilton, Assistant District Attorney, Civil Division f PAEkar/SC. K!Property!i.lte,/llolch'prillgsiBrIOrtcrCinldyIIOIB

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133

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134

DALLAS COUNTY OFFICE OF HOMELAND SECURITY & EMERGENCY MANAGEMENT

April 22, 2013

FROM:

Commissioners Court ~ ;'

John Warren, County Clerk v Clay Jenkins, Office of the ounty JUdgeL Doug Bass, Chief ~

TO:

THROUGH:

Office of Homeland Security and Emergency anagement

SUBJECT: Approval to use FY2011 and FY2012 Homeland Security Grant Fund for new facility located at 2121 Panoramic Circle, Dallas, TX

BACKGROUND

On May 1, 2012 Commissioners Court approved and signed a Court Order for the use of grant funds to be used by Office of Homeland Security and Emergency Management for an Emergency Operations Center Enhancement Project. At the time of the briefing the location of the building was not known, but since then the County Clerk has purchased property located at 2121 Panoramic Circle, Dallas, Texas, This facility will house various departments such as County Clerk permanent records, Records Management, Dallas County Emergency Operations Center (EOC), Homeland Security and Emergency Management (HSEM), the Public Service Program and the County's surplus warehouse,

HSEM will be located on the second floor of the building. The second floor will provide space for Dallas County's emergency operations center, conference areas for meetings and training, support areas for emergency operations and planning, workspace for elected and senior appointed officials and office space for HSEM staff, On the first floor will be a media briefing area in which news conferences may be held as needed. We are in the planning stages for this new space and more information will be available, including space allocation drawings and building plans, in the future as the project progresses.

This brief is to request approval for HSEM to use funds from FY2011 and FY2012 grants for the new facility to procure much needed systems to allow for an effective coordinated response to our local and regional partners, The end date for FY11 funds end August 31, 2013 and FY12 funds end January 31, 2014. Due to this grant time frame we need to process purchase orders and other county documents to purchase items approved by to grant; including but not limited to, security equipment, security access readers, telephone and computer interoperability equipment and other approved equipment and supplies.

OPERATIONAL IMPACT

Emergency Operations Center Enhancement Project - The primary purpose of the project is to drive measurable improvements in our community's ability to maintain situational awareness, coordinate resources both in and outside of the County, and communicate with our partners on the local, State

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and Federal level, during any event/incident. The County Emergency Operations Center is designated as a county coordination site and it is imperative that we have the capability to support and serve the mission(s) of Dallas County and its partners,

These funds will be utilized in the new facility at 2121 Panoramic Circle, Dallas, TX to (1) replace outdated verbal and visual communications systems, such as data, voice, and display (2) integration of software systems to support incident coordination, information management, and status reporting; (3) enhancement of the Emergency Operations Center access control and surveillance security (Le" Video Monitoring, Controlled Access Entry Systems, and (4) collaboration facilitation equipment of web, data, radio, telephone, and interpersonal systems,

FINANCIAL IMPACT

The following funds will be utilized:

FY2011 Emergency Operations Center Enhancement Project Grant - estimated $291,697,37 to purchase equipment for the new facility and Emergency Operations Center,

FY2012 Emergency Operations Center Enhancement Project Grant - estimated $145,688,29 to purchase equipment for the new facility and Emergency Operations Center.

STRATEGIC PLAN COMPLIANCE

Recommendations included in this briefing are consistent with the Dallas County StrategiC Plan, Vision 3: Dallas County is Safe, Secure, and Prepared, Dallas County is diligently working with regional stakehDlders to leverage available funding to optimize enhanced communication and collaboration for all public safety and emergency management personnel.

RECOMMENDATION

Approve the use of FY2011 and FY2012 Homeland Security Grant Program funding for 2121 Panoramic Circle, Dallas, TX enhancement project and authorize purchase orders and other related county documents necessary to move this project forward within the times lines identified in the referenced grant

509 Main Street, Suite 305, Dallas Texas 75202-3340 (214) 653-7980 * Fax (214) 653-7988 *

2

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Date:

To:

Through:

From:

Subject:

138

DALLAS COUNTY D!\ l,.t /\ S ell"" " 0 , COMMUNICATIONS AND CENTRAL SERVI,"~" 1'1: ~;:., i

May 7, 2013

600 COMMERCE STREET, SUITE 750

DALLAS, TEXAS 75202

Connnissioners Court

Darryl Martin, Court Administrator d~J

Chris Thompson, Director of Operation~ A /I

Paulette Hunter, Telecommunications Manager r l Mobile & Paging Device Policy Update

131'MY-1

Background of Issue

CC,UNTY [RS COURT

Mobile device technology (cellular phones, smart phones, iPhones, MiFi, tablets, wireless data cards, etc, .. ) has changed significantly; their convenience, capabilities and affordability give Dallas County users/employees alternatives in the way in which mobile devices can be used. The devices allow remote accessibility to the internet and company email; provide immediate review of work orders/trouble tickets (decrease amount of paper used for printouts), response to real time urgent emails and emergency situations. The devices also provide quality photo resolution which is critical when needed to record activity or a scene assessment used to support written documentation. This new technology and added abilities of mobile devices keeps employees connected to the County anytime and anywhere. The devices will provide the County with a more efficient, effective means of communicating and an increase in productivity and performance.

The purpose of this briefing is to present an update to Section 114, 181-184 with the attached mobile device policy and place the attached pager policy in Secs. 114-188-190. - Reserved.

Impact on Operations The policies are needed to address new mobile technology and document pager information. The Mobile Device and Pager policy provides procedures for managers and supervisors when considering the issuance of a mobile device andlor pager. The updated policies include information for using mobile devices while driving and downloading of applications onto County devices.

Strategic Plan Compliance Supports Vision 1.4 - Improve the Customer Experience by implementing Standards of Operation.

Financial Impact Thc changes will not impose any additional financial impact to the County.

Legal Consideration None

Recommendations Post policy information for thirty (30) day comment.

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Mobile Device Policy

Sec. 114-181. - Requests; reviewing

All requests for mobile devices (cellular phones, smart phones, iPhones, MiFi, tablets, wireless data cards, microcell routers) will be made using a Dallas County Telecommunications Requirement form. Form can be found at Communications & Central Services website http://www.dal1ascounty.org/departmentlcomm/comm index.php and under IT Services http://www.daliascounty.org/itservices/forms.html. Fax forms to (214) 653-6464 or email to [email protected]. For all requests and quotes on Windows based tablets and ipads contact the IT Service Desk at 214-653-7900.

(a) Ali requests submitted must include the following information: (1) Requesting department name and department number. (2) To whom the mobile device will be issued (complete name). (3) Mobile device type. (4) Explanation why the mobile device is needed, include the job duties of the employee for which the device is requestcd.

This explanation should clearly delineate why other means of communication' cannot satisfy operational requirements. (5) An estimate of monthly utilization (i.e., 100 minutes, 200 minutes, etc). Requests for utilization in excess of250

minutes must include detailed justification for this level of usage. (6) Justification for any ancillary equipment that may be requested. Devices will include an AC charger. All otiler

equipment (cigarette lighter adapters, carrying cases, belt clips, etc.) is extTa. (7) Funding code and or Grant Funded. (8) Elected Official/Department Head signature. (9) If the employee to whom a mobile phone is issued was previously issued a County pager, that pager will be turned in

unless otherwise approved. If a request is made for both a phone and pager or the department is requesting to retain the pager a specific detailed justification for needing both must be included on the request.

(10) Any special applications needed and the cost of that application ifany.

Sec. 114-182. - Demonstration of need; guidelines for mobile device recommendations

The Telecommunications Department will review each request using the criteria listed below. After evaluation, each request with a recommendation will be forwarded to the Office of Budget & Evaluation. The Office of Budget & Evaluation will evaluate the request using the duties and responsibilities of the position for which the mobile device is requested. If approved by Office of Budget & Evaluation, they will submit briefing to Commissioners Court.

After a request is approved and briefed, Telecommunications will order the equipment and will notify the requesting department when devices arc ready for pickup,

The criteria for reviewing requests are as follows: (a) Job function/Operational Requirements

(I) Duties involve frequent travel andlor routinely take the employee into the field or otherwise away from routine telephone, internet and radio communications. Such person must be contacted on a recurrent basis and must respond in an expeditious time frame.

(2) Duties are such that the employee must be contacted and respond witilin a short period to provide directions or authorize action,

(3) Employee must be contacted after normal business hours or on weekends and employee will not have ready access to other means of communications.

(4) Rate plan will be assigned based on the infonnation submitted on the Teleconununications request (note: Telecommunications will monitor utilization and change plans as necessary to insure the most economic rates are used).

Sec. 114-183. - Mobile Device Usage (a) Employees are prohibited fi'om downloading and installing unapproved and unauthorized software applications on County

mobile devices (DC Muni code 74-1028 (f). All DC owned/issued mobile devices are required to have the Dallas County MDM (Mobile Device Management) client.

(b) In the event a County mobile device is lost, stolen or misplaced, Telecommunications must be notified immediately so that appropriate steps can be taken to terminate service for that device.

(c) Mobile devices issued by the county are County property. Employees must comply with requests to make their County issued device available for any reason, including upgrades, replacement, or inspection. Employees who leave the County for any reason must turn in their County issued mobile device.

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(d) County issued mobile devices are to be used only for business purposes, Although occasional brief personal usage is permitted, personal usage that exceeds the standard (monthly utilization) will result in the employee reimbursing the County for any costs or charges (cost of call plus 35% administrative fees and 3% tax) relating to personal use of the device (any call that cannot be documented as to its business purpose will be treated as a personal/unauthorized call),

(e) Employees provided with County mobile devices are responsible for the safe keeping of the device, (I) Employees are responsible for the cost of replacing a lost or stolen device, Replacement cost will be $50 or the cost of the

device, whichever is greater. (g) When driving a county vehicle, mobile device usage is prohibited, Employees are to pull off the road safely and park in a

safe location before texting and/or receiving or placing a phone call. Employees may talk on mobile devices with a hands­free adaptor.

DISCLOSURE Electronic communication devices are not private or confidential. Any infonnation located on a County communication device is the property ofDaIlas County and may be considered a public record, There are no rights to employee privacy on a County communication device. Any confidential, personal information located on the communications device could be considered public record and disclosed to third parties,

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Pager Policy

Secs. 114-188. - Requests; reviewing

All requests for pagers will be made by submitting a Dallas County Telecommunications Requirement form. The form can be found at Commnnications & Central Services website http://www.dallascounty.orgidepartmenticomm/cOlmu index.php and under IT Services http://www.dallascounty.org/itservices/forms.html. Fax forms to (214) 653-6464 or email to [email protected] or delivery to 600 Commerce Street, 7th floor, Suite 750, Dallas 75202 FYI, Pager batteries are not supplied by Telecommunications. Replacement batteries are the responsibility of the departments.

(a) Each request submitted must include the following information: (l) Requesting department name and department number. (2) To whom the pager will be issued. (3) Explanation why the pagers are needed and include employee job duties for which the pager is requested. (4) Indicate pager type alpha or digital. (5) Indicate if associated with a call group to ensure correct pager type. (6) Justification for pager requested. (7) Funding code or Grant Funded. (8) Elected Official/Department Head signature.

Secs. 114-189. - Procedures; guidelines for pager recommendations

(a) The Telecommunications Department will review each request using the criteria listed below. After evaluation of each request, the request will be briefed in Commissioners Court. If it is not recommended, the requesting deparlment will be notified. After approval and briefing Telecommunications will order equipment and notify the requesting department when available for pickup. (1) Duties are such that a pager is more convenient and economical than the use of a mobile device. (2) Duties are such that the employee must be contacted and respond within a reasonable amount oftime to provide

directions, infonnation and or assistance.

Sees. 114-190. - Replacement of Pagers

(a) Damaged Pagers (I) Deliver all damage pagers to Telecommunications - 600 Commerce Street, 7th floor, Suite 750, Dallas 75202. (2) Replacements for damaged pagers will be issued the same day ifin stock and ifnot in stock a replacement will have to be

ordered. (3) Telecommunications will inform the user when to pick-up the pager or will notify the department when pager is

ready for pick-up. (b) Lost Pagers

(l) Lost pagers are the responsibility of the employee unless a written statement from the employee's manager is submitted stating the pager was lost in the performance of official duties. The following infonnation must be included: (a) Employee name, department and pager number. (b) Date pager lost. (c) Job Function performing when pager was lost. (d) If pager is not lost in the performance of official duties, employee will incur the cost of pager and should follow the

procedures listed. i. Get cost of pager and payroll deduction form from Telecom (214 653-7200 or [email protected])

ii. Complete the payroll deduction form and submit by inter-office mail or personal delivery, no emails to Auditors Office. Deduction will be taken from pay check based on date of receipt. If form received within current pay period will be deducted then or on next pay period.

iii. Bring a copy of payroll deduction form to Telecom with date stamp from Auditors and new pager will be issued. iv. Maintain receipt in case pager is found. v. Ifa lost pager is found, bring the payroll deduction form and pager to Telecommunications to have Payroll Office issu

refund - may not always be a refund.

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DALLAS COUNTY COMMISSIONERS COURT DEPARTMENT OF PLANNING & DEVELOPMENT

April 30, 2013

TO: Commissioners Court

FROM: Rick Loessberg, Director of Planning & Development'"

SUBJECT: Foreign Trade Zone Designation for BMW of North America

BACKGROUND

BMW of North America has recently announced that it will be locating a new $10.5 million, 282,000-square-foot distribution facility for automobile parts in Lancaster. To help make this facility be as economically efficient as possible, it has proposed that a foreign trade zone be created for this site.

Since the federal FTZ Board, which is responsible for reviewing zone applications, takes into account whether such proposals are supported by the local taxing jurisdictions, the County, the City of Lancaster, and Lancaster rSD have all been asked to endorse the proposed zone.

DESCRIPTION OF FOREIGN TRADE ZONES

There are approximately 400 active foreign trade zones and subzones in the U.S. About 2500 firms and 330,000 employees are located within these zones. To receive zone/subzone status, an application must be submitted to the federal FTZ Board. Factors nsed by the Board to evaluate an application include the proposed zone's impact on the local economy, the zone's consistency with U.S. trade policy, and whether it is supported by the local taxing jurisdictions.

If a zone/subzone application is approved, any imported inventory or inventory about to be exported that is held within the zone is considered to be outside of the U.S. As a result, businesses located within a zone receive the following economic benefits:

• They are able to receive faster U.S. Customs clearance; • They do not have to pay customs duties on damaged imports; • They do not have to pay local property taxes on inventory that has been imported

or that will be exported; • They do not have to pay duties on imported merchandise until it leaves the zone

and enters the U.S. market;

411 Elm Street, 3" Floor, Room 313 Dallas County Administration Building

Dallas, Texas 75202-3301 email: [email protected]

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

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• They do not have to pay any duties if imported merchandise is going to be exported; and

• They are allowed to pay the lower tariff when an imported item in an unfinished state has a higher duty than when it is incorporated into a final product.

Because of the nature of these benefits, foreign trade zones are only important to businesses that import, export, and/or assemble foreign goods. Not surprisingly, since all of BMW's product is imported, all of its U.S. distribution facilities are located in foreign trade zones.

DESCRIPTION OF PROPOSED ZONE

BMW's new facility is presently under construction on twenty-nine acres immediately east of Houston School Road where it intersects with Cedardale; it is expected to be completed in October 2013 and to employ 68 people. This facility, which is one of a group of six such facilities that have been announced or already built in the past year in the newly-emerging inland port area, will utilize $3 million-worth of equipment and contain about $35 million ofinventory (all of which will be imported).

As shown in the attached map, portions of the inland port area, including Location 7 which is immediately adjacent to the BMW site, are already contained in a foreign trade zone. Creating such a zone for BMW will thus allow this site to be competitive with other industrial locations in the area.

Should zone status be granted for this location, it will remain in effect indefinitely. However, this form of zone status (i.e., usage-driven) will apply only to BMW at this specific location. In the event the firm ceases operations or changes locations, then the zone status will automatically terminate.

IMPACT ON OPERATIONS/FINANCE

Please note that the discretion that a local taxing entity has under the federal FTZ process is much less than what it has in determining whether to financially participate in a tax increment finance district or to provide a tax abatement. Whereas a taxing entity's decision to not provide an abatement or to participate in a TIF district does not preclude another taxing entity from doing so, a decision by an entity to not support the creation of a foreign trade zone, in effect, vetoes the entire zone proposal.

Because of this major difference, the County's foreign trade zone policy has been developed not so much as to help ensure that the County only participates in the "best" zones possible (as is done, for instance, with the County's TIF policy) as to make sure that "poorly-designed" zones are not established.

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Year

1996

1996 1997 2000 2000

2003

2007

2009

2011 2012

2013

144

Under the County's foreign trade zone policy, the County will consider endorsing a zone/subzone proposal if it has first been formally supported by both the local city and school district and if, within three years of the zone's designation, the zone employs at least thirty-five people and contains at least $1 million of business personal property. As both the City of Lancaster and the Lancaster school district have endorsed the proposed zone and as the proposed zone's operations will exceed the policy's employment and business personal property requirements, the BMW request is eligible for consideration.

The County has previously approved the creation of eleven zones involving specific firms. As shown below, the BMW proposal employs fewer people than three of these zones, but the average salary of the proposed BMW zone is comparable to most of the earlier zones for which information is available, and its initial projected inventory is larger than all of the zones.

Zone City #Jobs Average Original Current Original I Current Salary Market Market Taxable Taxable

Value of ,

Value of Inventory i Inventory Inventory Inventory Before FTZ ' After FTZ Before FTZ After FTZ

B&F Dallas 60 $25,000 $4.4 million $10.6 million $4.4 million $8.8 million Systems Fossil Richardson 437 $19,800 $22.6 million $12.8 million $22.6 million $12.5 million Craftmade Coppell 82 $32,900 $9.1 million $7.9 million $9.1 million $2.7 million

. Sanden Dallas 98 $18,700 $12 million $16.9 million $3.2 million $7.2 million Zale Corp Irving 120 $22,500 $29.2 million $124.7 million $29.2 million $29.6 million

Maxtor Coppell 245 info not -0- operations -0- operations available ceased after , ceased after

I 2009; never I 2009; never I more than

I more than

$2.6 million $2.6 million Dal-Tile Sunnyvale 200 $48,280 $15.7 million $43 million I $15.7 million $43 million

Mesquite Point West Coppell 100 info not $20.7 million $30.2 million $10.2 million $14.9 million

available Matrix Coppell 38 $62,000 $0.9 million $8.3 million $0.9 million $1.1 million Brighton- Grand 36 $35,500 $17 million $17 million $13.1 million -0-Best Prairie (projected) (projected) BMW I Lancaster 68 $29,900 $35 million -0- $17.5 milion -0-

i (projected) (projected) (projected) (projected)

Of the $35 million in projected inventory that BMW will be holding at this new facility, it has been estimated that about one-half of it will already be tax-exempt because of the freeport exemption which is provided to inventory that leaves the state within 175 days. It is further estimated that with zone status, the remaining $17.5 million of projected inventory will also be exempted since it will have been imported. However, it should be noted that while this inventory will not be subject to County taxation, it does not presently exist, and as a result, endorsing BMW's zone request will not lead to a reduction in current tax revenue.

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Staff has previously attempted to further determine the local economic impact of the zones created prior to the BMW proposal. However, this effort has proven to be very difficult given the differences between the purposes of the zones and other economic development incentives and the l111availability of key information,

To begin with, foreign trade zones are often created to reflect new suppliers that are overseas or so the firm can become more efficient; they are not necessarily associated with expanding operations, adding new jobs, or building new facilities, As a result, some of the more typical methods of determining "impact" are simply not available,

Because the creation of zones is often associated with making operations more efficient, one can argue that zones help communities retain existing economic activity which is, of course, important, but which is, again, difficult to substantiate,

However, while determining the economic impact of the COl111ty's local foreign trade zones is difficult, a nl1111ber of more clear characteristics and factors do exist. These factors/characteristics include the following:

• Foreign trade zones are compatible with the emphasis that has been given to have the County be a major logistical hub;

• The average salary of the jobs associated with the zones in the County is at least twice that of minimum wage, and these jobs typically provide people with limited employment backgrounds with such benefits as health insurance and offer some type of career advancement path; and

• The market value of inventory in most zones does, over time, increase, Although much of this increase is tax -exempt either because of freeport or the provisions of being in a foreign trade zone, these increases are usually significant (in most cases by at least 33% and by as much as 300% to 800% for others), Such increases may reflect the firm's confidence in the Dallas area and may lead to additional purchases, better wages and benefits, the installation of new equipment, and the renewal ofleases,

PROJECT SCHEDULE

It is projected that the proposed boundary modification would go into effect October 2013,

STRATEGIC PLAN COMPLIANCE

Foreign trade zones are a mechanism that can help generate economic growth, As the County's strategic plan specifically recommends that the County be the destination of choice for businesses and residents, supporting BMW's foreign trade zone request is consistent with this plan,

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RECOMMENDATION

It is recommended that Dallas County endorse the proposed foreign trade zone for BMW.

attachment

cc: Virginia Porter, Auditor Ryan Brown, Budget Officer John Ames, Tax Assessor/Collector Liz McMullen, Hospital District Bill Methenitis, Ernst & Young

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LOCATION OF CURRENT SOUTHPORT FOREIGN TRADE ZONE, PROPOSED ADDITIONS TO THE ZONE,

AND THE NEW UNION PACIFIC INTERMODAL FACILITY

SIT",,! Atlu USA@2007

~ 2000 00L0rme. Sl", .. [ Atlas USA® 2007 r-.. ··., ,.

1. Union ·Pacific 4. City of Lancaster 7. ProLogis 2. Southport FTZ 5. Duke Realty 8. Argent Property 3. Allen Group 6. Prime Rail Interests 9. Hillwood

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DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

W :Jt > -< , April 30, 2013

'" ::lI:

~ TO: Commissioners Court c.n

THROUGH: Ry4!rown, Budget Officer

c.n

FROM: Office of Budget and Evaluation Staff

SUBJECT: Conferenceffravelffraining Requests

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

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

PROBATE COURT #1 ~ notifies Commissioners Court of the following:

a) Judge Brenda Hull Thompson attendance at the State Bar of Texas ~ Annual Meeting in Dallas, Texas from June 20-21, 2013. The total estimated cost to attend is $290 ($10 ~ mileage, $70 ~ meals, $60 ~ parking, and $150 ~ registration). Funding is available in Probate Escrow 532.21667.

b) Paula Pittman attendance at the Texas College of Probate Judges 2-Day Regional Workshop from June 6-7, 2013 in Galveston, Texas. The total estimated cost to attend is $1,071 ($266-mileage, $105 ~meals, $30·· parking, $350 ~ registration, and $320 ~ hotel). Funding is available in Probate Escrow 532.21667.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517. r!watkins(cDdallascounty.org

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

COMMISSIONERS COURT ADMINISTRATION - requests approval for travel reimbursement for Darryl Martin's travel to West, Texas on April 25, 2013. The total cost is $55.69 for a gas receipt. Funding is available within budget.

OFFICE OF INFORMATION TECHNOLOGY _. requests approval for the following:

a) Richard Ballard to attend the National Center for State Courts & Tyler Executive Forum in Baltimore, Maryland from September 15 - September 19, 2013. The total estimated cost to attend is $2,350 ($750 - registration, $800 - hotel, $250 - food, $150 - ground transportation and $400 - airfare). Funding is available in the Major Technology Unallocated Reserves to be transferred to the Business Travel account (195.1090.4010).

b) Re-briefed to include transportation cost for reimbursement - Originally briefed on April 16,2013. Stanley Victrum, Richard Ballard, Kimberly Thomas, Dang Dinh, Kathleen Norton, Michelle Wilson, to attend the Annual Texas Odyssey User Conference in Austin Texas - Hilton Hotel May 22 - 24,2013. Benefits of the conference include: 1) training; 2) information sharing on newly anticipated features and functions of Odyssey; 3) networking with other Texas Counties on how they are utilizing Odyssey to increase efficiency. Conference registration fee is $325 per person; hotel stay is $156 per night per person and transportation - $1302. The total estimated cost is $4,487. Funding is available within the Information Technology department's budget for Business Travel (195.1090.4010).

COUNY CLERK - requests approval for Ms. Kaysey Doskocil to attend the 2013 Texas Association of Counties 2013 Legislative Conference in Austin, TX from August 28 - 30, 2013. The total estimated cost to attend is $936 ($566- hotel, $230- registration, and $140 - meals). The funding is available in the Records Management Fund.

CONSTABLE PRECINCT 1 - requests approval for Thomas Seaton to attend the Civil Process Training Class in Rockwall, Texas from April 7-10, 2013. A county vehicle with gas credit card will be used for transportation.

COUNTY CRIMINAL COURT #2 - requests approval for Judge Julia Hayes to attend the Criminal Justice Conference from May 23-24, 2013 in Rockwall, Texas. The total estimated cost to attend is $60 for registration fee, Funding is available in DDA (4602).

COUNTY CRIMINAL COURT #8 - Judge Yoo attended the Family Violence Conference March 7-8, 2013. The total requested reimbursement is for $60 registration fee. Funding is available in DDA (4608).

COUNTY CRIMINAL COURT MANAGER - requests approval for the following Court Coordinators to attend the Professional Development Program in Austin, Texas on June 23 -28, 2013. Funding is available in each department's DDA.

• Karen Mach - The total cost is $160 for registration. County Criminal Court #4 - DDA (4604)

• Marilyn Hawkins - The tolal cost is $160 for registration. County Criminal Court #9 -DDA (4609)

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150 • Sheria Mathis - The total cost is $320 for registration. This registration is for a higher

level certification through the Court Management Certificate Program. County Criminal Court #3 - DDA (4603)

ELECTIONS - requests approval for the following:

a) Toni Pippins-Pole to attend the lACREOT 42nd Annual Conference and Trade Show in Louisville, Kentucky from June 26 - July 2, 2013. The total estimated cost to attend is $2,180 ($410 - airfare, $29 - mileage, $781 - hotel, $350 - food, $60-ground transportation, $500 - registration fee, and $50 - baggage fees). Funding is available in the Election Escrow (532.94036).

b) Jana Onyon to attend the IACREOT 42'd Annual Conference and Trade Show in Louisville, Kentucky from June 27 - July 2, 2013. The total estimated cost to attend is $1,916 ($436 - airfare, $670 - hotel, $300 - food, $60-ground transportation, $400-registration fee, and $50 - baggage fees). Funding is available in the Election Escrow (532.94036).

c) Rivelino Lopez to attend the IACREOT 42nd Annual Conference and Trade Show in Louisville, Kentucky from June 27 - July 2, 2013. The total estimated cost to attend is $1,952 ($472 - airfare, $670 - hotel, $300 - food, $60-ground transportation, $400-registration fee, and $50 - baggage fees). Funding is available in the Election Escrow (532.94036).

d) Lynn Coumpy to attend the IACREOT 42nd Annual Conference and Trade Show in Louisville, Kentucky from June 27 - July 2, 2013. The total estimated cost to attend is $1,996 ($516 - airfare, $670 - hotel, $300 - food, $60-ground transportation, $400-registration fee, and $50 - baggage fees). Funding is available in the Election Escrow (532.94036).

e) Laura Granado to attend the lACREOT 42'd Annual Conference and Trade Show in Louisville, Kentucky from June 27 - July 2, 2013. The total estimated cost to attend is $1,996 ($516 - airfare, $670 - hotel, $300 - food, $60-ground transportation, $400-registration fee, and $50 - haggage fees). Funding is available in the Election Escrow (532.94036).

SHERIFF - requests approval for the following:

a) Re-brieffrom April 30, 2013 with updated hotel cost and airfare: Earnestine Sanders and Fonda Boyd to attend the AJA 32nd Annual Training Conference and Jail Expo in Grand Rapids, Michigan from May 5-9, 2013. The total estimated cost to attend is $4,230 ($1,360 - airfare, $1,520 - hotel, $500 - food, $200 - ground transportation, and $650-registration fees). Funding is available in 532.3151.91046.

b) Re-brieffromApril30, 2013 to provide the dates of travel: Paul Lehmann, Christopher Smith, Stacy Franklin, Michael Dolliff, Netora Harley, and Rebecca Evans to attend the International Association of Law Enforcement Firearms Instructors Conference in Mobile, Alabama from May 5-11, 2013. The request is for the use of the county vehicle with gas credit card.

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151 c) Ruthie McCain and Ann Robinson to attend Annual Jail Association Conference in

Austin, Texas from May 12-17, 2013. The total estimated cost to attend is $3,110 ($1,800 - hotel, $400 - mileage, $410 - registration, and $500 - food). Funding is available in 532.91046.

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

COMMISSIONERS COURT ADMINSTRATION (MWBE) - requests approval for Matt Parsons to attend the DFW Minority Supplier Development Council "Access Business Expo," from May 13-14, 2013 in Irving, Texas. The cost to attend is $100. Funds will be used from the MWBE grant funds.

COUNTY CRIMINAL COURTS - request approval for the following staff to attend the Driving Change Conference in Boston, Massachusetts from April 10-11, 2013. Funding is available in fund 466.2460.2012.2511:

Ben Morgan, Probation Officer - airfare - $358 and food - $23 Claudia Mena-Marroquin, DA Investigator - airfare - $318 and food - $99 David Almager, Grant Partner/BIP Provider - airfare -$348, $50 - food, and parking -$60 Andre Turner, Probation Officer - airfare - $318 and food - $88

JUVENILE DEPARTMENT - requests approval for the following:

a) Dr. Danny Pirtle to attend the 3rd Annual Spring Charter School Statewide Finance Boot Camp in Austin, Texas from April 9-11, 2013. The total estimated cost for staff to attend is $990 ($325 - registration, $249 - hotel, $108 - food, and $219 -gas/mileage). Dallas County vehicles will be used for transportation. Funding is available Juvenile Department State Aide (468.7500.2460.2013).

b) Whitney Blount to conduct a site review at the New Life Children's Center in Canyon Lake, Texas from May 22 -23, 2013. The total estimated cost to attend is $343 ($80 - car rental, $91 - hotel, $72- food, and $100 - car rental gas). Funding is available in 466.7108.4010.2013.

HEALTH AND HUMAN SERVICES- requests approval for the following:

a) Mary McLaud to give a presentation on Syphilis as part of the SID Update by the Denver National Prevention Training Center for STDs/HIV in San Antonio, Texas from May 4-9, 2013. There is no cost for staff to attend.

b) Tammara Scroggins to attend the Incident Command System 300: Intermediate Incident Conference in Fort Worth, Texas from May 6-8, 2013. The total cost to attend is $45 for mileage reimbursement. Funding is available in the PHP grant #8723.

c) Weylander Sampson, Alma Armendarez, Daryl Bauchman, Luz Betancourt, Twana Ellis, Marisa Gonzales, Shavon Griffin, Lazonda Harvey, Darshon Herbert, Natalie Hickson, Gabriel Orduna, Jordan Peart Alma Perez, Shaylnn Richardson, Saul Rojas, Monica Tunstle-Garrett, and LaShonda Worthey to perform STD/HIV Screen in Dallas, Texas on May 17,2013. There is no cost to Dallas County for staff to participate.

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d) Robert Baxter, Venus Dukes, and Alviony Pangloli to perform STD/HIV in Dallas, Texas on May 17, 2013. There is no cost to Dallas County for staff to participate.

e) Aissata Bah, Louvenia Freeman, Vicky Barnes Desiree, Larry Arrington, Felecia Barnett, Tammye Berry" Consuela Cortes, Shatima Shaw, Maurice Murray, Venus Dukes, and Alviony Pangloli to attend the STD/HIV Screening in Dallas, Texas on May 17, 2013. There is no cost to Dallas County for staff to participate.

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May 1, 2013

TO:

THROUGH:

FROM:

SUBJECT:

Background

153

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

Commissioners Court

RyanClrown, Budget Officer

Ronica L. Watkins, Assistant Budget Officer

Justice of the Peace 2-2 DDA Management Initiative

In 1997, Dallas County Commissioners Court established the Departmental Discretionary Account (D.D.A) for each department in Dallas County. The DDA was intended to encourage management initiatives that would result in cost savings to the taxpayer. In return, the account would be credited a proportion of the savings, with which the department manager could utilize at his or her discretion throughout the fiscal year.

As part of the FY2013 Budget Process, the Commissioners Court authorized the Office of Budget and Evaluation to reinstate the DDA Management Initiatives that produce savings to the County half of which would then be awarded to the department as DDA funding of up to ten times the departments seed amount. The purpose of this briefing is to detail a DDA Initiative for the Justice of the Peace 2-2.

OPERATIONAL IMPACT Judge Windham is holding two positions vacant for seven months from March 2013 ~ September 2013 to participar.e in the DDA Management Initiative program to earn back credit for dollars saved to the county during the designated period. The following positions have been identified:

Two Grade 6 ... Clerk III (position # 5333 and #3258) ~ Judge Windham has held these positions open due to the decrease in the volume of cases during the past fiscal year.

411 Elm Street, 3,J Floor, Dallas, Texas 75202 214-653-6363e 214-6536527 [email protected]

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Financial Impact For cost/savings purposes the proposed changes are anticipated to be filled at the County midpoint salary range which includes: Two Grade 6 positions - $28,745 ($16,772 per position) for a total savings for Dallas County of $33,544. Under DDA Policy the Justice of the Peace 2-2 is eligible to receive half of the savings up to not to exceed ten times the initial seed amount of $1,200 ($12,000 maximum per transfer) in the amount of $12,000.

Recommendation The Office of Budget and Evaluation recommends that the Commissioners Court authorize the: a) holding the two designated positions vacant for six months Grade 6 #5333 and Grade 6 #3258 and b) DDA credit in the amount of $12,000. The Office of Budget and Evaluation recommends that these two positions are given a one-time credit; therefore the department will not receive credit if the position vacancies are extended or the positions are deleted at a future time.

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DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

13 MA ~ -! AM 10: 30

DATE: May 1,2013

TO: Commissioners Court

THROUGH: Ryan Brown, Budget Officer

FROM:

SUBJECT:

Ronica L. Watkins, Assistant Budget Officer

Rationale for Same Date Briefing and Court Order - 2013 DNA Backlog Reduction Grant Program Application

The National Institute of Justice is requesting grant applications under the 2013 DNA Backlog Rednction Program. All applicants were required to submit a complete online grant application by May 13, 2013. The grant application requires that each application include authorization for the submission of the grant application. The required quick turnaround of the authorization necessitates the same date briefing and Court Order. A timely approval is essential, therefore, the referenced briefing and Court Order will be presented during May 7, 2013 Commissioners Court.

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

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Office of the Chief Medical Examiner

30 May 2013

156

SOUTHWESTERN

INSTITUTE OF FORENSIC SCIENCES

AT DALLAS

5230 Medical Center Drive Dallas, Texas 75235

TO: Commissioners Comi

FROM: Jeffrey J. Barnard, M.D., Director and Chief Medical Examiner ~ Timothy J. Sliter, Ph.D., Chief of Physical EVidence-rJO

SUBJECT: National Institute of Justice 2013 DNA Backlog Reduction Program Formula Grant: DNA Backlog Reduction and Enhancement of DNA Analysis Services

Background

On March 28, 2013 the National Institute of Justice (NIJ) announced that grant funding was available to States, Territories and units of local government through the 2013 DNA Backlog Reduction Program (CFDA No. 16.741).

This solicitation is a continuation of a grant program that provides federal funding to local and state crime laboratories. Dallas County has received funding under this program since 2004.

Under the grant program, fm1ds (approximately $75 million) are available "to process, record, screen, and analyze forensic DNA and/or DNA database samples, and to increase the capacity of public forensic DNA and DNA database laboratories to process more DNA samples, thereby helping to reduce the number of forensic DNA and DNA database samples awaiting analysis." The project period for the award is October 1, 2013 thru March 31, 2015 (18 months), with the possibility of no-cost extension of the award period up to a maximum of 36 months.

Funds are allocated to State and local laboratories on a formula basis, based upon the number of UCR, Part 1 Violent Crimes reported to the FBI. The total amount of grant funds designated for Texas is $6,196,820. Based on information provided by the Texas Department of Public Safety, Dallas County's share of Texas's grant funds is $698,382 (11.27%).

In response to the NIJ announcement, a spending plan (Attachment A) has been developed to enhance the Institute's capability to analyze DNA evidence by validating and implementing equipment and methods for processing DNA samples, and by providing professional training to staff.

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The purpose of this briefing is to describe the activities and benefits of the proposed grant application and to request Commissioners Court approval of the application.

Current Status of Operations

The Institute provides medical examiner and forensic science testing services to law enforcement agencies in Dallas County and approximately 70 other counties located in north-central and northeastern Texas. The Physical Evidence Section of the Institute (which includes the DNA testing program) provides analytical services to investigating agencies and district attorney offices in Dallas County and other counties in north-central and northeast Texas.

The Forensic Biology Unit at the Institute is comprised of 16 regular staff positions: sixteen (15) examiners and one (1) supervisor. In addition to the regular staff, temporary staff (e.g., interns, grant-funded staff) may be assigned to the unit for periods of time.

Currently, DNA testing is performed using the short tandem repeat (STR) method of DNA testing.

Impact on Operations: Proposed Grant Program Description

Under the program rules, funds may be used for: the salary and benefits of grant-funded laboratory staff engaged in handling, screening, and analyzing forensic evidence or in validating new DNA analysis technologies; overtime for existing staff; training and continuing education; travel related to outsourcing and training; laboratory and computer equipment for DNA analysis; laboratory supplies for validation and casework; laboratory renovation; consultant and contractor services; outsourcing of DNA testing; and accreditation expenses.

The Institute proposes using grant funds ($698,382) to increase the throughput of DNA cases, and to enhance the DNA testing services provided by the Institute by validating the automation of various DNA analysis procedures for casework.

Specifically, grant funds will be used for the following projects.

l. Capacity enhancement through the use of grant-funded serologists. Regular fully-trained forensic biology staff members are expected to divide their time between evidence screening for biological materials and DNA testing. To the extent that staff members devote effort to evidence screening and serology casework, effort is reduced in the area of DNA testing and training. As part of the grant-funded project, one (1) Forensic Biologist U will be hired and trained as an evidence screener/serologist. The initial training period for new serologists is typically 2-3 months. Following training and competency testing, the grant-funded serologist will perform evidence screening duties. This will permit several regular staff members who currently perform serology testing to become trained in DNA testing.

2. Capacity enhancement through the use of grant funded staff for validation of equipment and test procedures. Two (2) Forensic Biologist Us will be hired to conduct validation studies of equipment and procedures under the direction of the Biology Supervisor and Section Chief. By use of grant funded positions to conduct these studies, regular staff will be able to devote time to DNA casework testing.

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3. Validation and implementation of automation equipment and supplies for streamlining DNA testing. The Institute performs testing of nuclear DNA using the short tandem repeat (STR) testing method. DNA analysis of casework samples requires highly trained analytical staff to devote significant time to routine manual operations; various steps of the DNA analysis process are both time consuming and labor intensive. Automating the processing of DNA standards would increase the efficiency of both the analysts and the laboratory. By eliminating the need for analysts to process both evidentiary samples and DNA standards as part of his/her batch of DNA samples, analysts would be able to process larger numbers of evidentiary samples in a single batch, reduce the amount of overall processing time for batches of DNA samples, and allow analysts to focus more on the interpretational steps of the analysis.

In this project we will validate equipment and procedures for automating the DNA processing of DNA extracts.

Equipment that will be purchased for DNA analysis will be:

a. Capillary electrophoresis instrument. One capillary electrophoresis instrument will be purchased. The target instrument is a 3500xl Genetic Analyzer (Life Technologies). This is a new generation capillary electrophoresis instrument used to perform forensic DNA analysis.

Procedures that will be validated for DNA analysis will be:

a. A procedure for the analysis of samples containing degraded DNA using the Minifiler testing kit (Life Technologies).

b. A procedure for the analysis of standard DNA samples usmg a single kit amplification system (Powerplex Fusion kit, Promega).

Provide technical training for DNA analvsts. DNA analysts will receive external training that will strengthen their skills in analysis and data interpretation, and in instrumental methods. The specific trainings will include the following:

a. Promega International Symposium on Human Identification. This is conference training that will provide analysts with exposure to new developments and trends in forensic DNA analysis.

b. American Association of Forensic Sciences (AAFS). This is conference training that will provide analysts with exposure to new developments and trends in forensic DNA analysis.

c. Annual Advanced DNA Teclmical Workshop (Bode). This workshop provides training on topics related to forensic DNA testing and interpretation.

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Fiscal Impact

The grant application requests $698,382 for grant-funded staff, equipment, supplies, and training fWlds.

Fiscal Impact

The grant application requests $698,382 for the proposed projects.

The NIJ will not accept paper forms for grant funding and instead requires that all grant applications be submitted through the Office of Justice Programs' (OJP) automated Grants Management System (electronic submission). This will require that the County Judge "e-sign" grant documents using the designated OJP website.

Project Schedule

The deadline for the FY2013 Forensic DNA Backlog Reduction Program applications is May 13, 2013. In general, the NIJ will limit the term of grants under this program to 18 months.

Recommendation

The Institute of Forensic Sciences recommends that the Commissioners Court approve the submission of the National Institute of Justice 2013 Forensic DNA Backlog Reduction Program Application and the acceptance of the award, and that the COllilty Judge be authorized to sign the online application documents and other necessary documents related to the application and acceptance of the award on behalf of Dallas County.

Attachment

xc: Virginia Porter, County Auditor

Ronica Watkins, Office of Budget & Evaluation

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ATTACHMENT A

FY2013 DNA Backlog Reduction Program Application Dallas County (Texas) - Southwestern Institute of Forensic Sciences

Budget Narrative

A. Personnel - $248,521.50 This award will fund salaries for 3 forensic biologists for 18 months. The base annual salary for a Forensic Biologist II is $55,227. One biologist will contribute to capacity enhancement activities by being trained in evidence screening and serological testing. Two biologists will contribute to capacity enhancement activities by performing instrument and method validation studies.

B. Fringe Benefits - $71,837.27 The fringe benefits in this category are based on Dallas County values for FICA (7.65%), retirement (10%), health insurance ($6,150/FTE/annum), and workman's compensation insurance (0.12%).

C. Travel- $23,364.00

Travel expenses are for 4 analysts to attend Promega's International Symposium on Human Identification, 4 anal ysts to attend the American Association of Forensic Scientists Annual Meeting, and 4 analysts to attend each of the two annual meetings of the Association of Forensic DNA Analysts and Administrators. Cost estimates are based on the lesser of Dallas County's per diem rates and federal maximum reimbursement rates.

D. Equipment - $177,898.00

The equipment budget includes the following items:

a. Capillary electrophoresis instrument.

E. Supplies - 5148,149.77 The requests in this category are for kits and supplies for validating the instrument being purchased and DNA testing procedures used with the instrument.

F. Construction - $0

There is no funding requested in this budget category.

G. Consnltants/Contracts - $0

There is no funding requested in this budget category

H. Other - $7,660.00

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The requests in this category are for registration costs for the conference trainings listed in C. Travel.

I. Indirect Costs" $20,951.46

The amount requested (3% of the grant total) is the maximum permitted by grant rules, and is less than the indirect costs associated with project based upon the indirect cost rate.

TOTAL FUNDING REQUEST: $698,382.00

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May 7, 2013

MISCELLANEOUS

1) PLANNING & DEVELOPMENT - requests approval:

a) to use funds in an amount to exceed $25,000 for the removal of feral hogs at the Goat Island and Riverbend Preserves in unincorporated southeastem Dallas County. Funding is available in Park & Open Space Budget, 196.5590.8101.

b) of the interlocal agreement with the City of Dallas for the development of the Honey Springs-Cedar Crest Trail. Project will create an 8.I-mile trail/on-street pedestrian system in area south of downtown between 1-35 and 1-45 and north of Ledbetter. Project is to initially be funded with $2.1 million that was budgeted for this purpose in FY201 0; another $2.5 million is anticipated in the County's current five-year plan.

c) to correct a typographical error in Court Order 2012-2058 which authorizes a 67%-75% tax abatement for Ace Hardware in Wilmer. The effective date for this incentive, as was written in the abatement agreement, is to be January 1,2015. However, the court order inadvertently had this date being January 1, 2014.

d) to enter into a letter of agreement with Virginia Cook Realtors which has offered to produce for the County (and at no cost to the County) maps for the County's major trails. These maps will be used by the County in its public awareness and economic development activities and will be available to the public from the County's website and the Virginia Cook Realtors website.

2) OFFICE OF BUDGET & EV ALUA TION - requests approval:

a) to provide gap funding for the Shelter Plus Care (SPC) grant (#TX0307C6TOOI101) for the estimated amount of $14,000 to cover the month of May rental payments. The project period for the current grant ended April 25, 2013. The new grant period is April 26, 2013 - April 25, 2014. Once the grant agreement is executed, the county can go back and reimburse itself with funds from the new grant for the May rents. The renewal grant start date will be the day after the current SPC grant term ends. There will be language in the renewal grant agreement that will allow for the county to be reimbursed for funds incurred between the operating start date and the grant execution date. Recommended by the Office of Budget and Evaluation.

05/07/13

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b) for the following exceptions to the current Court Interpreter Rates:

LANGUAGE INTERPRETER CAUSE # DATE RATE

SPANISH ALFREDO LEON (INTERLINGUA) 13-00148 4116/2013 160

SPANISH ALFREDO LEON (INTERLINGUA) 13-00148 4117/2013 160

HINDI VINOD MALHOTRA 11-70873 4116/2013 100

3) DIVERT COURT - requests approval to pay for the DIVERT Court Annual National Drug Court month program. The event will take place at the DD Ranch on May 4, 2013. The estimated cost to host the luncheon is $3,662. Funding is available in the DIVERT Court Escrow account (532.94052) to cover staff and program participants. Funding is available in the DIVERT Court Special Event fund (532.94044) to cover the guest of the participants. Recommended by the Office of Budget and Evaluation.

4) COUNTY AUDITOR - requests approval to establish a change fund for the Justice of the Peace 2, Place 1. The court has been operating without a change fund for the bookkeeper. The court is occasionally unable to make change for customers paying with cash. Customers are asked to obtain exact change from other sources with some never returning. Establishing the change fund in the amount of $100 should increase accountability and decrease the need to turn away customers paying with cash. Benefits may include a minimal increase in county revenue and a higher level of customer satisfaction with the payment process. The establishment of the change fund in the amount of $100 as allowed by V.T.C.A., Local Government Code 130.92 is recommended by the County Auditor. Recommended by the Office of Budget and Evaluation.

5) AUTO SERVICE CENTER - requests approval:

a) to return vehicle RK011, a 2001 Ford Crown Victoria (2FAFP71W5IXI59347), to service for vehicle RK013, a 2000 Ford F-150 (lFTRX12W85NB00870), which has reached a maintenance cap malcing it no longer economical to repair.

b) to allow the Fire Marshal's Office to continue to use vehicle RK01I, a Ford sedan, until vehicle RKO 13 is replaced next fiscal year.

6) ENGINEERING & PROJECT MANAGEMENT - requests approval:

a) to contract with a job order contractor for waterproofing investigation of the building envelope at the George Allen Courts Building. The work will include cutting two test holes in the Jackson Street sidewalk, test holes filled, and closed to match current sidewalk, and providing a report of the findings and recommended correction. The project will take approximately one week and is estimated to cost $4,962 with funding provided by the Permanent Improvement Fund, Unallocated Reserves.

05107113

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b) to contract with a job order contractor for waterproofing investigation of the building envelope at the North Dallas Government Center. This work will include digging investigative test pitslholes, restoring the test area landscaping, and providing a report of the findings and recommended corrections. The project will take approximately one week and is estimated to cost $9,656 with funding provided by the Permanent Improvement Fund, Unallocated Reserves. .

c) to issue a work order to MoodY'Nolan/VAI under the County's A/E Indefinite Quantity professional services contract in the amount of $6,800 to provide electrical service easement review for the office-warehouse space at the recently acquired facility at 2121 Panoramic Circle to confirm/determine best electrical service location for the County's multifunctional use of this property. This work will require a maximum of two weeks to complete from notice to proceed. Funding is available in the Major Projects Fund 196, Project 70152 (Records Storage).

7) FACILITIES MANAGEMENT - requests approval:

a) to reduce the dollar amount requested by Nick Dimoulalcis (Nick's) for deposit refunds due to cleaning expenses occurred at Henry Wade Snack bar in the amount of $250. Funds are to be taken from the deposits on hand with a total refund to Nick Dimoulakisis of$2,870.71.

b) to authorize a payment to B&C Express Service for services in cleaning the Henry Wade snack bar in the amount of $250.

8) INFORMATION TECHNOLOGY - requests approval to obtain a quote for the refurbishing of twenty-two (22) kiosk machines located throughout Dallas County at a cost of $500. Funding is available within the IT budget.

TELECOMMUNICATIONS

Communications & Central Services Telecommunications - D1304012 - requests to extend 3 data circuits from the AT&T closet to the AT&T router located in the Dallas County PBX switch room for Nortel phone system to send calls to the Cisco phone system at Grand Prairie Sub-Courthouse. Work is to be completed at George Allen Bldg floor B 1. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended

Constable Precinct 1- P130S00l - requests termination of three voice and data cables to complete the renovation of the Constable Office. Work to be completed at 7201 Polk Street 15t floor. Equipment $0.00; Installation $1200.00; Recurring Cost $0.00 - Recommended

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District Clerk - D1304013 - requests two data cable for the relocation of the Imaging Department to the family courts clerks' office area. Work is to be completed at George Allen 1 sl floor suite 101. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 -Recommended

Engineering & Project Management Division - D1304014 - requests relocation of one data due to the installation of safety barricades for the public to have access to the A TM machine as part of the Escalator Modernization Project. Work is to be completed at Frank Crowley Bldg 2nd floor concession area. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Facilities - M1304020 - requests one new voice cable and one new single line phone instrument for Director. Work to be completed at Lew Sterrett; North Tower Jail room B130. Equipment $55.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Information Technology - M1304022 - requests one new single line phone instrument for new employee and one long distance code for Ladislau Oros for daily work use. Work to be completed at Records Building, 5th floor. Equipment $55.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Sheriff - Bailiff Section - P1304003 - requests three new voice and data cables for the new Bailiff s office being reconstructed in the Internal Affairs Office. Work to be completed at Frank Crowley Building 1 st floor room C - 11. Equipment $0.00; Installation $1200.00; Recurring Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

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

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.

DEPARTMENT: ITEMS:

05/07113

Information Technology 2 - Table 1 - Chair 1 - Desk

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ESTIMATED COST: FUNDING SOURCE: PROPOSED ACTION:

05/07/13

166

$0 Surplus Information Technology requests authorization to transfer the above listed items from surplus to IT inventory.

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Miscellaneous EguipmentfTeiecommunicationslDues/Computcr Hardwarc and Software/Supplies oYcr $50 May 7, 2013

Actual invOIced amounts may deviate by up to $20 from the amnunts li~ted \~ith"ut additional CommiSSIOners Court Authnrir~t;on

Q', Total R~Repl.

Dcpartmcnt fondiog Expe~se Code Recom. Itcm Dcscription Unit Cost Cost N=New Justification

1364 County Clerk

1365 County Criminal Court #3

1366 CSCD

1367 Facilities Manngement

1368 f"ciiitic" r.hnagement 1369 facilitics M3!1~gemCnt 1370 f~cilities Man~gement

1371 FaClhties Management 1372 Facilities Manng~mcnt 1373 Fadli1ic$ Manag~ment

1374 Facilities Management

1375 Facilities Man~g .. mcnt

1376 Fire Mamhal 1377 Fire Marshal

1378 Health & Human Services

1379 Health & Human Servic~s

1380 Health & Humatl Services

1381 Health & Human ServIces

1382 Health & I'luma!l Services

1383 Health & Human Services

1384 Health & Human Services

1385 IJcalth & Human Services

1386 Health & HHmm\ Servi~.~s 1387 Health & numan Services 1388 Health & Human Services

1389 Health & Human Scrvicc~

1390 Health & Human S~rvICCS 1391 Health & Human Services 1392 Inf()f!1lntion Technology 1393 Informat;"n Technolngy 1394 infnrmHtion Tcchnology 1395 lnfnrmnti'ln Technology 1396 Information T~chn"h:>gy 1397 Information Technnlogy 1398 Public Works 1399 R~c()rds M~nag~mcot

1400 Sheriff Executive 1401 Sheriff Inmate Programs 1402 SWIFS 1403 SWlfS 1404 SWIfS

Time Payment Fund

Within Budget" DDA

Rescrvcs and COnlingcncy­Fnnliture and Eq\Jipment

Within Budget WIthin Blldget Within B\'dgct Within B\Jdget Within Budget Within Budget Within Budget Within Budget

Within Budget

Within Budget Within Budget

I-lIVISubstance Ah11se and Mental Health

HIVISnbst'ance Ahuse ~nd Mental

Health HfVISubstan~e Abuse "nd !,>1ental

Health HfVlSuhtanc'" Abuse 3nd Mental

Health HfVlSuhstance Abu"e and Ment!!l

Health 1 llV!Sllbstance Abl!sc ~nd Ment~1

Health

JUV Prewntion Grant

HtV Prevention Grant

Within Budget _ TB Clinic lmmunizRl;on Br"nch Loc"ls Grant lmmunizatirm Branch Locals Or"nt

CPS-Labnratory Respon~e Network-PH Grant

Within Budget - STD Cli"ic lmmllnintion Branch Locals (irant

Hardware Refresh DataCenter CoLocatinn

Within Budget Commis,ary Commi~sary

Commi~s?!)'

Within Budget

Within Budget Within B\Jdget COInmiss~ry

F.m~rgency Rc--,crvc-$

Emclgency Reserves Emergen"Y Reserves

532.4031.94086

1202230,4603

12033202090

120,10222670 120.1022.2670 120,1022.2670 120.1022.2160 120.1022.2670 120.1022,2670 120.1022,2670 120,1022.2670

120.1022.2670

120.3342.2095

1203342.2095

466.2810.20!3 .8736

4662810.2013.8736

466.2810,2013,8736

466.28102013 8736

46628102013 8736

466,28102013,8736

466.28102013.8704

46628102013.8704

120.521624-60 4662090.2013.8'108 466.2090.2013.8708

46620902013.8720

120.5215.2160 466.2160.2013,8708

195,92055 195.92084

195,1090,2080 532.91046 532.91046 532.91046

1962010.2093 120,1024.2720 1203110.2090

532.3151.2160.91046 120.3311.2090 120.3311.2090 120.3311.2090

Touch Smart Computer

T ACA Membership for Sheria !>.1athis

G\lest Chair

Mini Blinds 4 19" Touchscreen 1 0 Microph0nc Base

Paper trimmer 20 3 x 5 Outdoor US Flags 20 3 x 5 Outdoor Texas Flags 20 4 X 6 Outdoor US Flags with Header & ('lTon-un"t

20 4 x 6 Outdoor Tex~s Flag.~ with Header & Grommet

2

20

25

40

25

25

25

20

20

2

2

20 Gullon Conden5ate Tank and Pump

F,re In-vesligntof Principles & Practice

Kirks Fire Investigation Pre_Pay to The Covenant Catcling Service for Bchavinral Health Committee on June 13, 2013 Pre-Pay to the Center for Community Courageous

Traitling on luly 9, 2013 Pre·Pay to Tbe Covenant Catering Service for C()"wgeoas Training on July 9, 20B Pre-Pay to The Center Catering for Community for ruv & Ethies Training Otl May 30, 2013 Pr~-Pay to the Covenant Catering Service for HIV & Ethics Training on May 30, 2013 Reimbur,em~nt Beh~v;ora! Health Commincc MeetmglSamhsa Mceting on 05/0912013

Pre-Pay to the Covenant Catering Service for Dallas TaskforceMeetingA"gll~tI4,2013

Pre-Pay 0 the Covellant Catering Service for Dallas Tasked Force Meeting June 12,2013 Mobile Locking File Steel Storage Cabinet HP Officejet Pro 8600 AlO

Executive High Back Chair Viny!

Fellows POWEr,hred 73Ci Cro.s Cut Shredder rl~ntf()nics HL 1 0 Handset

IBM N(>t~b('ok PC Cabling F'I";pmcnt Texas As,ociation nfGov. !nfo. T",ch. Managers Cisco 3850 48·Port Switch Panduit HOI1zontal C~ble Manager Al'C Smart-UPS RTl500 l\'lie,o,ofl Office \mpor1er

Vaeuum Cie"ner Executive Chair Mesh Tub with Locking Top Glass Still Double Solenoid Access Valve Auto Collect System

1)00

75

268

75 734

" 75 25 19 34 25

2,663

88

92

10

10

14

20

20

130 525 205

135

185 70

1,325 859 100

9,113

" 1,212

1,049 160 108 155

4,027 504

2.214

1,300

75

536

150 2.935

634 75

494

377 676 494

2,663

265 184

200

50

400

50

350

200

<00

400

260 525

205

270

185 70

1,325 859 100

18,226 90

2,424 1,049

]60

108 155

4,027 504

2,214

N Needed for Commissioners Court Administration

N Needed for CCC#3 Coort Coordinator's renewal membership

R Replacement broken ch"irs

R Needed at 5th floor Admin Bldg. women restroom R Needed at jail bmlding control cenkr N Need~d for ~ourtfOOms audio system R Needed to replac'c paper trimmer jn supply

R Needed to replenish Supply stock R Needed to repl~nish Supply stock R Needed to replenish Supply stock R Needed to repl~nish Supply stock

R

N N

N

N

N

N

N

N

N

N

N R R

R

N R N N

R N N N N R R N R R R

South Tower jail. eurr~nt boiler tatlk is leaking, losing chemicals and temperature Books needed for trainiog course Books needed for training eoUfse Needed for implementation of mental bealth, sob~tance abuse, & I-lIV!AIDS activities Needed for implement"tlOn of m~ntal health, substance abuse, & IITVfAlDS actiy;ties Needed for implementation of mental health, ~ubstancc ab\l.~c, & HIV/AlDS actlyitie5 Needed for implementation of menta! h~.aJth, substance abuse, &

I-lIVIAlDS activities Needed for implementation ofmenla! health, substance abuse, & J-IIV/AIDS activilies Needed fo/' implementation of mental health, substance ahuse, & I-lfVlAIDS activities

Needed for meeting called by Dallas Testing Taskforce

Needed for meetmg called by Dalla, Testing Taskforce

Needed for ,mrses to securely t,an~port patient files Needed to replace broken file cabinet

Needed to replace broken printer

Needed to replace worn out chairs, additional personnel in work area

Needed to ~hr~d confidential patient info To replace broken hatldset Needed for use as a mobil~. platform at remote County locations Needed to continue setup at the Cyms One Data Center Needed to retl~w membership to TAGITM Needed to ~Hpport the 22 additional surveillance cameras Needed to support lhe 22 additional surveil1~nce camera. Needed to support lhe 22 additwilai survei!lance cameras Needed as part of the technology package approved Jan! 5th Needed to replace 6 brokell vacuum at the records conter Needed to replace broken ehair Needed to ~to'e IWHate Programs paper.vork Needed to replace a broken water distilling apparatus Needed to replace a hroken ,vater distilling apparatu; Needed 10 replace a broken w"ter di3tilling "ppamtu~

'" "

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Miscellaneous EquipmentffelecommunicationslDues/Computer Hardware and Software/Supplies over $50 May 7, 2013

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

Q<, Department Flltulillg ~xpense Code Recorn. Item Description

Unit Cost

TolI,J R=RepJ. Cost N=New Jnstificlitinn

'" CO