1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING …Agency's Subcontractors or Subcontractor's suppliers. 4. Standards, Codes, Laws And Regulations. The Agency shall comply with all applicable

1

DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

March 29, 2011

REPORTS/RECOMMENDA TIONS/REQUESTS PAGE NOS.

1) Status of DOJ ................................................................................................... Presentation

2) HEALTH & HUMAN SERVICES

a) Atmos Energy Funds under Weatherization Agreement with Frontier Associates LLC. ................................................................................. 3-15

b) Oncor Funds under Weatherization Agreement with Frontier Associates LLC. ............................................................................... 16-28

c) Lease Agreement with Marcer Investments LLC and Dallas County Health & Human Services ................................................. 29-44

(COURT ORDER ON FORMAL AGENDA)

3) SHERIFF

Social Security Fraud Investigation ...................................................................... .45-52 (COURT ORDER ON FORMAL AGENDA)

4) DISTRICT COURT ADMINISTRATION

Dispute Resolution System Board (DRS Board) Briefing on Dispute Mediation Services Contract ............................................... 53-57

5) PUBLIC WORKS

Resale of Tax Foreclosed Properties Request for Bid No. 2011-038-5432 ......................................................................... 58-61

6) COMMISSIONERS COURT ADMINISTRATION

Proposed Policy to Consider Compliance with Air Quality Standards in Competitive Bids ................................................................................ 62-66

3/29/2011

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7) BUDGET

a) Conference/Travel/Training Requests ...................................................... 67-69

b) Hiring Freeze .................................................................................................. 70-71

c) District Attorney's Office Family Violence Victim Caseworker Grant Application .......................................................................................... 72-73

d) FY2012 Budget Update/Discussion ..................................................... 1:30 p.m.

8) INFORMATION ....................................................................................................... N / A

• Jail Population Report • Office of Budget & Evaluation - Reserve Balance Report March 23,2011 • Government Affairs - Certificate of Continuing Education

(Refer to Miscellaneous Item No.1) • County Auditor - Dallas County Special and Escrowed Funds • Purchasing - Annual Contract Data Infonnation • Health & Human Services-HHS Updates

9) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ............................................................................... 74-83

10) PUBLIC COMMENTS

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

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

Legislative Briefing - Friday, April 1, 2011 .

3129/2011

TO:

FROM:

DATE:

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DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

ZACHARY THOMPSON, M,A, DIRECTOR

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

MARCH 29, 2011

::E: "" :;0 N N

..." 3:

I';'i' UI CO

SUBJECT: ATMOS ENERGY FUNDS UNDER WEATHERIZATION AGREEMENT WITH FRONTIER ASSOCIATES, LLC

BACKGROUND The Dallas County Health aHd Human Services (DCHHS) Weatherization Assistance Program (WAP) has been funded by the Texas Department of Housing and Community Affairs since 1997, to assist low-income households in lowering energy consumption and costs while increasing comfort levels, Frontier Associates LLC has officially notified DCHHS of a 2011-2012 Weatherization Services Agreement in the amount of$100,000, for the delivery of energy efficiency services to certain income-qualified Atmos Energy customers, The term of the Agreement is effective January 1, 2011 through December 31,2012,

FINANCIAL IMPACT A timely expenditure of funds section has been included in the contract outlining allocation percentages of the total contract amount which should be expended by certain period within the contract term (See Section 11 of Agreement). There is no financial impactto Dallas County.

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

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

LEGAL IMPACT The Weatherization Services Agreement between Frontier Associates LLC, and Dallas County Health and Human Services requires the approval of the Commissioners Court and the signature of the County Judge.

2377 N Stem mons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100. Fax (214) 819-6022. dallascountyorg

Commissioners Court Page 2

RECOMMENDATION

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It is recommended that the Dallas County Commissioners Court approve the 2011-2012 Weatherization Services Agreement between Frontier Associates LLC, and Dallas County Health and Human Services, in the amount of $100,000, for the provision of weatherization services to eligible Atmos Energy customers, and authorize the County Judge to sign the Agreement and any related documents on behalf of Dallas County_

/:L' RECOMMENDED BY: -i? ~ "....,.. £J,S,;A.J /zacharyihomp96n, Director

Attachment C: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

= 2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710

(214) 819-2100. Fax (214) 819-6022. dallascounty.org

....

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WEATHERIZATION SERVICES AGREEMENT BETWEEN

FRONTIER ASSOCIATES LLC AND DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES

THE STATE OF TEXAS § §

COUNTY OF DALLAS: §

This WEATHERIZATION SERVICES AGREEMENT ("Agreement") is between FRONTIER ASSOCIATES LLC ("Frontier"), a Texas Limited Liability Company, acting by and through its duly authorized officer and the DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ("Agency").

The initial addresses of the parties, which one party may change by giving notice to the respective other party, are as follows:

Agency Frontier

Zachary Thompson, Director Dallas County Health & Human Services 2377 N. Stemmons Frwy. Suite 600 Dallas, Texas 75207

RECITALS:

Bill Brooks, CEO Frontier Associates, LLC 1515 South Capital of Texas Hwy. Suite 110 Austin, Texas 78746

Whereas, Frontier has been engaged by Atmos Energy Corporation, a Texas and Virginia corporation (Atmos) to assist with delivery of energy efficiency services to certain income-qualified Atmos customers ("Customers"); and

Whereas, Frontier has an existing contract with Atmos (the "Atmos Contract"); and

Whereas, Frontier desires to obtain from the Agency the services described in the Scope of Work, attached to this Agreement as Appendix A, and the Agency desires to provide such services:

THEREFORE, THE PARTIES AGREE AS I<'OLLOWS:

1. Scope of Services. Agency will provide services to Frontier as described in Appendix A, Scope of Work CServices"). The Director and Frontier may

Service Agreement Draft 3115/2011

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modify the type of Assessments and Reports described in Sections 2.0 and 9.0 of Appendix A, the Scope of Work from time to time upon mutual written consent by Frontier and the Director.

2. Term. This Agreement shall terminate on September 30, 2012, unless extended per mutual written consent hy Frontier and Agency. All Services shall be completed by September 30, 2012, unless a modified timetable is agreed to in writing by both parties.

3. The Agency and Its and Subcontractors:

a. The Agency shall be fully responsible for all acts and omissions of its Personnel and its Subcontractors and Subcontractor's suppliers and their employees and shall be specifically responsible for sufficient and competent supervision and inspection to assure compliance in every respect with Agreement requirements.

b. Frontier shall not be responsible for the payment of any sums to any of the Agency's Subcontractors or Subcontractor's suppliers.

4. Standards, Codes, Laws And Regulations. The Agency shall comply with all applicable laws, rules, regulations, codes and standards of all federal, state, local and municipal Governmental Authority having jurisdiction over the Services covered by this Agreement. The Agency shall secure and pay for all permits, governmental fees and licenses necessary for proper execution and completion of the Services unless otherwise specified in this Agreement.

5. Termination for Cause by Frontier. If the Agency fails to perform a material term or condition of this Agreement, and fails to cure such default within 30 calendar days after receipt of written Notice of Default and Termination from Frontier, Frontier may declare this Agreement terminated, effective on the last day of said notice period ("Termination Date"). Frontier, at its sole option, may extend the proposed Termination Date to a later date. If the Agency cures the default before the proposed termination date, then the proposed termination is ineffective. If the Agency does not cure the default before the proposed Termination Date, then Frontier may terminate its performance under this Agreement on the Termination Date. The Agency shall be paid for all Services performed by the Agency prior to the Termination Date, which payment shall not be unreasonably withheld. Grounds for termination for cause include, but are not limited, to the following situations:

a. the failure, refusal or inability of the Agency to perform any material aspect of the Services in accordance with the Scope of Work (except as specified in Section 28, "Force Majeure"); or

Service Agreement Draft 2 3/15/2011

7

b. Agency has become insolvent, has exhibited a pattern of failure to pay its bills, or has had checks for payment of its bills returned from suppliers and subcontractors due to insufficient funds; or

c. a court oflaw has enjoined Agency from performing the Services; or

d. Agency has misused the corporate name, brand, or logo associated with Atmos Energy or Frontier Associates.

6. Termination for Cause by the Agency. If Frontier defaults under this Agreement, the Director may either terminate this Agreement or allow Frontier to cure the default as provided below. The Agency's right to terminate this Agreement for Frontier's default is cumulative of all rights and remedies which exist now or in the future. Default by Frontier occurs if:

a. Frontier fails to perform any of its duties under this Agreement;

b. Frontier becomes insolvent;

c. all or a substantial part of Frontier's assets are assigned for the benefit of its creditors; or

d. a receiver or trustee is appointed for Frontier.

If a default occurs, the Director may, but is not obligated to, deliver a wtitten notice to Frontier describing the default and give Frontier 30 days' notice to cure the default. The Director, at his or her sole option, may extend the termination date to a later date. If the Director allows Frontier to cure the default and Frontier does so to the Director§s satisfaction before the termination date, then the termination is ineffective. If Frontier does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the Agency. To effect final termination, the Director must notity Frontier in writing.

7. Termination for Convenience by Frontier. Frontier may interrupt, suspend or delay any part or all of the Services covered by this Agreement with or without cause for any reason upon written Notice to Agency. If, however, after consulting with Frontier, it is Agency's opinion that any of the Work is in a state such that interruption thereof would result in substantially increased costs upon resumption ofthe Services, Agency, with Frontier's written concurrence, may complete that portion of the Services.

a. Agency shall resume any of the Services so interrupted, suspended or delayed when directed to do so by Frontier, provided, however, that the schedule and the time for performance shall be revised by a period of time reasonably necessary to overcome the effect of the interruption, suspension or delay. Other provisions of this Agreement, such as the delivery dates

Service Agreement Draft 3 3115/2011

8

and terms of payment, will also be adjusted if necessary and as appropriate. Agency shall make every reasonable effort to minimize any additional expense pursuant to this Section 6.0.

8. Termination for Convenience by the Agency. The Director may terminate tbis Agreement at any time by giving 45 days written notice to Frontier. The Agency's right to terminate this Agreement for convenience is cumulative of all rights and remedies wbicb exist now or in the future.

On receiving notices, Frontier shall, unless tbe notice directs otherwise, pay the Agency for all services perfonned by the Agency prior to the Termination Date, wbich payment shall not be unreasonably withheld. Any amount paid by Frontier for installations which were not completed prior to the Tennination Date shall be re-paid by the Agency to Frontier within 30 days.

THE AGENCY'S TERMINATION FOR CONVENIENCE DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. FRONTIER WAIVES ANY CLAIM IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE AGENCY'S TERMINATION FOR CONVENIENCE.

9. Reporting. Agency will provide data and draft materials for inclusion in periodic progress reports. The following supporting documentation is required to substantiate Agreement expenditures:

a. Summary of completed weatherized homes, submitted through Frontier's online reporting systems.

b. Copies of signed Customer Acknowledgement and Income Verification forms, uploaded to the Program database.

c. Other Direct Costs. All Agency costs shall be recovered as weatherization and allowable repair expenses, unless previously approved in writing as an authorized non-weatherization expense.

10. Payment. Frontier shall reimburse the Agency for actual costs incurred in the performance of Services based on work orders submitted by the Agency via the program database, plus an administrative fee of eight percent (8%); however, such payment by Frontier shall not exceed the lesser of $6,500.00 per home or the total cost for all measures determined to be cost effective at a home, as determined by the program database. For each program year of the initial term specified in Section 2.0, the Agency will be allocated $100,000 in funding by Frontier to perform Services under the terms of this Agreement ("Allocated Funds"). The Allocated Funds is subject to the Agency's ability to expend Allocated Funds as set out in section 11.0 of this Agreement.


9

Frontier also reserves the right to reduce or cancel any of the allocated funds if the Contract Term or other terms of Frontier's Contract with Atmos are modified. Upon the timely expenditure of the funds initially allocated to Agency, Frontier may allocate additional funding to Agency for Authorized Work under the terms of this Agreement. Frontier will make advance payments for Authorized Work upon receipt of properly-completed work orders submitted via the on-line database. Frontier will make these advance payments with ten days of work order submittal. Agency will have forty-five days from the date the work order was submitted to complete Authorized Work for each work order and update installation information via the on-line database. Any amounts over or underpaid to Agency based on the difference between authorized work on a work order and actual work performed will be subject to reconciliation on the next work order, or in the case of work completed near the end of Agreement Term, within 30 days. Timely reimbursement of costs is contingent on Agency's submitting work orders, invoices and supporting documentation.

Frontier may increase the Allocated Funds under this Agreement at its sole option.

11. Timely Expenditure of Funds. During the term of the agreement, the· Agency shall adhere to the required implementation milestone schedule. Failure to meet any of the following implementation milestones will result in a proportional reduction of the funding allocation specified in the paragraph above. Progress towards achieving milestones shall be measured by the total dollar value (include administrative cost allowance) of the energy efficiency measnre installations completed and reported by the Agency via the program database.

a. 15% of the Allocated Funds for 2011 must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before May 31,2011.

b. 40% of the Allocated Funds for 2011 must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before July 31, 20 I I.

c. 60% of the Allocated Funds for 2011 must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before September 30, 20 I I.

Milestones for any contract year after 201 I shall be as follows:

d. 25% of the Allocated Funds for the contract year must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before March 3 I of that year.

Service Agreement Draft 5 31I 5/2011

10

c. 50% of the Allocated Funds for the contract year must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before July 31 of that year.

f. 75% of the Allocated Funds for the contract year must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before September 30 of that year.

In the event the Agency fails to meet any of the above milestones, Frontier may reduce the Allocated Funds for the remainder of the calendar year by the amount of the shortfall. For example, if the Agency's total expenditures on eligible measures through May 31, 2011 are $30,000, then the allocation as specified in Section 10 will be reduced by $15,000.

12. Allocation of Additional Incentive Funds. If the Agency's total expenditures on eligible measures exceed the allocation specified in Section 10 during any calendar year of the contract term, the Agency's funding allocation may be increased, subject to the availability of additional flmds. Frontier will notifY the Agency of the availability of additional funds no later than thirty days prior to the end of any month of the contract term in which the Agency's expenditures may reasonably be expected to exceed the allocation for that calendar year. Subject to the availability of additional funds, the Agency's allocation may be increased by an amount equal to the average monthly expenditures for the preceding three months. Similar monthly allocations shall be made until the end of the calendar year, 'or additional incentive funds are no longer available.

13. Frontier recognizes that under its Charter, the Agency may not obligate itself by cotitract to pay more money than the amount the Agency's board of directors appropriates, and further recognizes that the Agency has not appropriated and allocated any money to pay for services under this Agreement or related to this Agreement.

14. Eligible Customers. Residential single-family customers who receive gas service from Atmos and whose household income does not exceed 200% of current federal poverty guidelines are eligible to receive services under this program. The Agency shall be responsible for verifYing the income eligibility of all customers in accordance with Texas Administrative Code, Rules for Energy Assistance Programs.

15. Maximum Payment per Home. The maximum payment, inclusive of all Agency costs for work performed under this Agreement is $6,500 per home.


1 1

16. Unanticipated Costs. Each party shall be separately responsible for any unanticipated fees, taxes, or costs necessary for the completion of that party's scope of work.

17. Inspection. All Services performed by Agency or its subcontractors shall be subject to the inspection and approval of Frontier or its authorized representative at all times, but such approval shall not relieve Agency of responsibility for the proper performance of the Services. The Agency shall furnish all infonnation concerning the Services to Frontier upon request.

18. Records and Audit. Agency's books, records, correspondence, accounting procedures and practices and any other supporting evidence relating to this Agreement (all of the foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by Frontier or its authorized representative to the extent necessary to adequately permit evaluation and verification of customer eligibility, or of any invoices, payments or claims based on Agency's actual costs incurred, or units expended, directly in the performance of the Work under this Agreement. For the purpose of evaluating or verifying such actual or claimed costs or units expended, Frontier or its authorized representative shall have access to said Records from the effective date of this Agreement, for the duration of the Work and until three (3) years after the date of final payment by Frontier to Agency pursuant to this Agreement.

19. Use of Name. Agency may not use Atmos's or Frontier's corporate name, trademark, trade name, logo, identity or any affiliation for any reason, including soliciting customers for participation in its project, without prior written consent.

20. Insurance.

The Agency represents to Frontier the following:

(a) it is self-insured for ail claims falling within the Tort Claims Act; (b) it is self-insured for Worker's compensation insurance as provided

by Chapter 407 of the Texas Labor Code; and (c) it is either insured under a policy of commercial insurance or is

self-insured for automobile insurance with minimum coverage of $500,000 per occurrence for bodily injury or death and $100,000 for injury to or destruction of property. If Agency is insured under a policy of commercial insurance, the insurance will be issued by a company that the State Board of Insurance has authorized to do business in Texas, and will name the Frontier as an additional insured.

21. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited


1 2

in the United States mail, postage prepaid at the address listed in the Preamble to this Agreement.

22. Entire Agreement. This Agreement constitutes the entire understanding of the parties with respect to the Authorized Work, and there shall be no modification or waiver hereof except by writing, signed by the party asserted to be bound thereby. There are no oral representations or agreements between the parties.

23. Time is of the Essence. The Parties hereby acknowledge that time is of the essence in performing the duties under this Agreement. Failure to comply with stated deadlines or milestones may result in termination of this Agreement, payments being withheld, or other contractual modifications.

24. No Waiver. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in duly force and effect.

25. Applicable Law. This Agreement shall be governed by the laws of the State of Texas, without application of its conflict of laws provisions. Venue shall lie exclusively in the state courts of Dallas County, Texas.

26. Assignment Prohibited. This Agreement may not be assigned without the written consent of the Agency or Frontier.

27. Modification. This Agreement may not be modified except by written agreement.

28. Force Majeure. Neither Party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this Section, Force Majeure is defined as: Acts of war and acts of god such as earthquakes, floods and other natural disasters, or actions of others, including but not limited to strikes, lockouts or other industrial disturbance, not within the control or arising from the fault of the Party claiming Force Majeure.

29. No Joint Enterprise. Each party shall perform its obligations under this Agreement as independent contractors, and nothing contained herein shall be deemed to create, nor does it create, any association, partnership, joint venture, or relationship of principal and agent or master and servant between the parties, or to provide either party with the right, power or authority, whether express or implied, to create any duty or obligation on behalf of the other party.

Service Agreement Draft 8 3/15/20 II

1 3

30. Attorney's Fees. In the event of any legal action or other proceeding between the Patiies arising out of this Agreement or the transactions contemplated herein, the prevailing Party in such legal action or proceeding shall be entitled to have and recover from the other Party all costs and expenses incurred therein, including reasonable in-house and outside attorneys' fees.

The Parties have executed this Contract in multiple copies, each of which shall be an

original, as of this the date countersigned by the Judge of Dallas County.

FRONTIER ASSOCIATES LLC Signed by:

Name: Bill Brooks Title: CEO

APPROVED AS TO FORM:

Chief District Attorney, Civil Section Dallas County

Service Agreement Draft 9

DALLAS COUNTY DEPT OF HEALTH & HUMAN SERVICES Signed by:

Name: Zachary Thompson Title: Director

COUNTERSIGNED BY:

Name: Clay Lewis Jenkins Title: Dallas County Judge

DATE COUNTERSIGNED:

3115/20 II

14

APPENDlXA

SCOPE OF WORK

1.0 Referenced Agreement. All Work shall be accomplished in accordance with the weatherization services agreement between Frontier Associates LLC, a Texas Limited Liability Company, (Frontier) and Dallas Connty Health and Human Services (Agency).

2.0 Customer Outreach and Eligibility Determination. Agency will utilize its own resources to identifY eligible customers, and shall verifY income eligibility using eligibility verification procedures outlined in Texas Administrative Code (TAC) Rules for Energy Assistance Programs. The target market for the Program is single-family homeowners or renters. Agency will verifY that the Customer Site is in Atmos' Mid-Tex servicc territory by obtaining the account number from the Customer and inputting this number into the Program Database.

3.0 Assessments. For customers determined to be eligible using the procedures outlined in Section 2.0, Agency may conduct an assessment to determine the applicability and Savings-to-Investment (SIR) ratio for the following energy efficiency measures:

3.1 Gas water heater replacement 3.2 Gas heater replacement / tune-up 3.3 Ductwork repair or replacement 3.4 Gas water heater blanket 3.5 Water heater pipe insulation 3.6 Low-flow showerheads 3.7 Attic insulation 3.8 Floor insulation 3.9 Air infiltration reduction measures 3.10 Other Atmos-approved energy-saving devices, replacements and information

In addition to the measures listed above, the Agency may utilize up to $500 per home for the repair or replacement of customer-owned gas piping, or for gas safety and code compliance work. This maximum repair amount per home may be modified by Frontier during the term of the weatherization services agreement.

As part of the assessment, the Agency is responsible for verifYing that the health and safety of customers will not be impacted by the installation of any ofthe above measures. This may include, but is not limited to: conducting lead-safe renovation practices in accordance with US EPA regulations; and verifying pre- and post-installation carbon monoxide levels and pre- and post-installation ventilation rates as part of the installation of wall insulation, air infiltration control measures, or duct sealing.

4.0 Asses~ment Fee. The fee for conducting assessments shall be $100 per home. This fee is inclusive of all costs, including travel and any other related expenses. Only assessments conducted on eligible customer homes are eligible for payment.

Page A·I

15

5.0 Measure Installation Costs. Prior to conducting assessments, Agency shall provide unit costs for the installation of measures listed in Paragraph 3.0. Frontier shall input these costs into the Program Database for use by Agency in calculating SIR ratio for measure installations.

6.0 Determination of Measures to be Installed. Agency shall input measure data collected during the Assessment into the program database. The program database will calculate SIR for each ofthe applicable measures and will determine the most cost-effective combination of measures to be installed, up to the maximum expenditure of $1 ,500 per home.

7.0 Work Order Submittal. Agency shall submit work orders via the program database. Work orders shall consist ofa list of homes for which an assessment has been completed, including installation cost and savings estimates.

8.0 Work Order Payment. Frontier shall provide payment for properly-submitted work orders within ten calendar days of submittal. Work order payment shall include payment for the assessment, plus estimated installation costs for program measures, excluding the Agency administration fee.

9.0 Installation of Measures. Agency shall perform andlor coordinate the installation activities, as well as any required post-installation services, such as installation verifications and the recycling or disposal of old appliances. All work shall be performed in a workmanlike manner, consistent with industty and TDHCA measure installation standards. Agency shall complete all required services and input updated measure installation data for each home included in a work order within fortyfive (45) calendar days of work order submittal.

10.0 Installation Data. Agency shall update installation data for each home as soon as measures are installed. In addition to npdating the installation data, Agency shall upload a copy of the Customer Certification Form and a copy of the Income Verification Form.

11.0 Agency Administration Fee. The program database will include the updated measure installation cost data, plus the Agency's administration fee, which is eight percent (8%) of the measure installation costs.

12.0 Sales Taxes. The Services provided under this Agreement are non-taxable. If required, Frontier shall provide a copy of sales tax exemption certificate to Agency.

13.0 Reconciliation of Work Order and Installation Report. In consideration of satisfactory performance of the work as outlined above, Frontier reconcile the total amount due on the installation ~eport against the corresponding work order payment. Any amount over or under paid shall be credited against or added to the amount requested on the next work order submitted after this installation report, or in the case of work completed near the end of Agreement Term, within 30 days.

Page A-2

TO:

FROM:

DATE:

SUBJECT:

16

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION

ZACHARY THOMPSON, M.A. DIRECTOR

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

MARCH 29, 2011

ONCOR FUNDS UNDER WEATHERIZATION AGREEMENT WITH FRONTIER ASSOCIATES, LLC

BACKGROUND The Dallas County Health and Human Services (DCHHS) Weatherization Assistance Program (WAP) has been funded by the Texas Department of Housing and Community Affairs since 1997, to assist low-income households in lowering energy consumption and costs while increasing comfort levels. In January 2009, DCHHS entered a Weatherization Services Agreement with Frontier Associates, LLC, for the delivery of energy efficiency services to certain income-qualified Oncor Energy customers.

Frontier Associates LLC has officially notified DCHHS of a 2011-2012 Weatherization Services Agreement in the amount of$300,000 under the Agreement. The Agreement term is effective January 1, 2011 through December 31,2012.

FINANCIAL IMPACT A timely expenditure of funds section has been included in the contract outlining allocation percentages of the total contract amount which should be expended by certain period within the contract term (See Section 11 of Agreement). There is no financial impact to Dallas County.

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

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

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

Commissioners Court Page 2

LEGAL IMPACT

1 7

The Weatherization Services Agreement between Frontier Associates LLC, and Dallas County Health and Human Services requires the approval of the Commissioners Court and the signature of the County Judge.

RECOMMENDATION It is recommended that the Dallas County Commissioners Court approve the 2011-2012 Weatherization Services Agreement between Frontier Associates LLC, and Dallas County Health and Human Services, in the amount of$300,000, for the provision of weatherization services to eligible Oncor customers, and authorize the County Judge to sign the Agreement and any related documents on behalf of Dallas County.

~/

RECOMMENDED BY: ~L £. S""-' zaCha~homt., Director

Attachment C: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

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

1 8

WEATHERIZATION SERVICES AGREEMENT BETWEEN

FRONTIER ASSOCIATES LLC AND DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES

THE STATE OF TEXAS § §

COUNTY OF DALLAS: §

This WEATHERIZATION SERVICES AGREEMENT ("Agreement") is between FRONTIER ASSOCIATES LLC ("Frontier"), a Texas Limited Liability Company, acting by and through its duly authorized officer and the DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ("Agency").

The initial addresses of the parties, which one party may change by giving notice to the respective other party, are as follows:

Agency Frontier

Zachary Thompson, Director Dallas County Health & Human Services 2377 N. Stemmons Frwy. Suite 600 Dallas, Texas 75207

RECITALS:

Bill Brooks, CEO Frontier Associates, LLC 1515 South Capital of Texas Hwy. Suite 110 Austin, Texas 78746

Whereas, Frontier has been engaged by Oncor Energy Delivery ("Oncor" ) to assist with delivery of energy efficiency services to certain income-qualified Oncor customers ("Customers"); and

Whereas, Frontier has an existing contract with Oncor (the "Oncor Contract"); and

Whereas, Frontier desires to obtain from the Agency the services described in the Scope of Work, attached to this Agreement as Appendix A, and the Agency desires to provide such services:

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Scope of Services. Agency will provide services to Frontier as described in Appendix A, Scope of Work ("Services"). The Director and Frontier may

Service Agreement Draft 3115/2011

1 9

modifY the type of Assessments and Reports described in Sections 2.0 and 9.0 of Appendix A, the Scope of Work from time to time upon mutual written consent by Frontier and the Director.

2. Term. This Agreement shall tenninate on December 31, 2012, unless extended per mutual written consent by Frontier and Agency. All Services shall be completed by November 30, 2012, unless a modified timetable is agreed to in writing by both parties.

3. The Agency and Its and Subcontractors:

a. The Agency shall be fully responsible for all acts and omissions of its Personnel and its Subcontractors and Subcontractor's suppliers and their employees . and shall be specifically responsible for sufficient and competent supervision and inspection to assure compliance in every respect with Agreement requirements.

b. Frontier shall not be responsible for the payment of any sums to any of the Agency's Subcontractors or Subcontractor's suppliers.

4. Standards, Codes, Laws And Regulations. The Agency shall comply with all applicable laws, rules, regulations, codes and standards of all federal, state, local and municipal Governmental Authority having jurisdiction over the Services covered by this Agreement. The Agency shall secure and pay for all pennits, governmental fees and licenses necessary for proper execution and completion ofthe Services unless otherwise specified in this Agreement.

5. Tennination for Cause by Frontier. If the Agency fails to perfonn a material tenn or condition of this Agreement, and fails to cure such default within 30 calendar days after receipt of written Notice of Default and Termination from Frontier, Frontier may declare this Agreement terminated, effective on the last day of said notice period ("Tennination Date"). Frontier, at its sole option, may extend the proposed Tennination Date to a later date. If the Agency cures the default before the proposed tennination date, then the proposed termination is ineffective. If the Agency does not cure the default before the proposed Tennination Date, then Frontier may tenninate its perfonnance under this Agreement on the Tennination Date. The Agency shall be paid for all Services perfonned by the Agency prior to the Tennination Date, which payment shall not be unreasonably withheld. Grounds for tennination for cause include, but are not limited, to the following situations:

a. the failure, refusal or inability of the Agency to perfonn any material aspect of the Services in accordance with the Scope of Work (except as specified in Section 28, "Force Majeure"); or


20

b. Agency has become insolvent, has exhibited a pattern of failure to pay its bills, or has had checks for payment of its bills returned from suppliers and subcontractors due to insufficient funds; or

c. a court of law has enjoined Agency from perfonning the Services; or

d. Agency has misused the corporate name, brand, or logo associated with Oncor Energy or Frontier Associates.

6. Tennination for Cause by the Agency. If Frontier defaults under this Agreement, the Director may either tenninate this Agreement or allow Frontier to cure the default as provided below. The Agency's right to terminate this Agreement for Frontier's default is cumulative of all rights and remedies which exist now or in the future. Default by Frontier occurs if:

a. Frontier fails to perfonn any of its duties under this Agreement;

b. Frontier becomes insolvent;

c. all or a substantial part of Frontier's assets are assigned for the benefit of its creditors; or

d. a receiver or trustee is appointed for Frontier.

If a default occurs, the Director may, but is not obligated to, deliver a written notice to Frontier describing the default and give Frontier 30 days' notice to cure the default. The Director, at his or her sole option, may extend the termination date to a later date. If the Director allows Frontier to cure the default and Frontier does so to the Director§s satisfaction before the termination date, then the tennination is ineffective. If Frontier does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the Agency. To effect final termination, the Director must notifY Frontier in writing.

7. Termination for Convenience by Frontier. Frontier may interrupt, suspend or delay any part or all of the Services covered by this Agreement with or without cause for any reason upon written Notice to Agency. If, however, after consulting with Frontier, it is Agency's opinion that any of the Work is in a state such that interruption thereof would result in substantially increased costs upon resumption of the Scrvices, Agency, with Frontier's written concurrence, may complete that portion ofthe Services.

a. Agency shall resume any of the Services so interrupted, suspended or delayed when directed to do so by Frontier, provided, however, that the schedule and the time for performance shall be revised by a period of time reasonably necessary to overcome the effect of the interruption, suspension or delay. Other provisions of this Agreement, such as the delivery dates


21

and terms of payment, will also be adjusted if necessary and as appropriate. Agency shall make every reasonable effort to minimize any additional expense pursuant to this Section 6.0.

8. Termination for Convenience by the Agency. The Director may terminate this Agreement at any time by giving 45 days written notice to Frontier. The Agency's right to tenninate this Agreement for convenience is cumulative of all rights and remedies which exist now or in the future .

. On receiving notices, Frontier shall, unless the notice directs otherwise, pay the Agency for all services performed by the Agency prior to the Termination Date, which payment shall not be unreasonably withheld. Any amount paid by Frontier for installations which were not completed prior to the Tennination Date shall be re-paid by the Agency to Frontier within 30 days.

THE AGENCY'S TERMINATION FOR CONVENIENCE DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. FRONTIER WAIVES ANY CLAIM IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE AGENCY'S TERMINATION FOR CONVENIENCE.

9. R.eporting. Agency will provide data and draft materials for inclusion in periodic progress reports. The following supporting documentation is required to substantiate Agreement expenditures:

a. Summary of completed weatherized homes, submitted through Frontier's online reporting systems.

b. Copies of signed Customer Acknowledgement and Income Verification forms, uploaded to the Program database.

c. Other Direct Costs. All Agency costs shall be recovered as weatherization and allowable repair expenses, unless previously approved in writing as an authorized non-weatherization expense.

10. Payment. Frontier shall reimburse the Agency for actual costs incurred in the performance of Services based on work orders submitted by the Agency via the program database, plus an administrative fee of eight percent (8%); however, such payment by Frontier shall not exceed the lesser of $6,500.00 per home or the total cost for all measures determined to be cost effective at a home, as determined by the program database. For each calendar year of the initial term specified in Section 2.0, the Agency will be allocated $300,000 in funding by Frontier to perform Services under the terms of this Agreement ("Allocated Funds"). The Allocated Funds is subject to the Agency's ability to expend Allocated Funds as set out in section 11.0 of this Agreement.


22

Frontier also reserves the right to reduce or cancel any afthe allocated funds if the Contract Term or other terms of Frontier's Contract with Oncor are modified, Upon the timely expenditure of the funds initially allocated to Agency, Frontier may allocate additional funding to Agency for Authorized Work under the tenns of this Agreement Frontier will make advance payments for Authorized Work upon receipt of properly-completed work orders submitted via the on-line database, Frontier will make these advance payments with ten days of work order submittal. Agency will have forty-five days from the date the work order was submitted to complete Authorized Work for each work order and update installation information via the on-line database. Any amounts over or underpaid to Agency based on the difference between authorized work on a work order and actual work perfonned will be subject to reconciliation on the next work order, or in the case of work completed near the end of Agreement Tenn, within 30 days. Timely reimbursement of costs is contingent on Agency's submitting work orders, invoices and supporting documentation.

Frontier may increase the Allocated Funds under this Agreement at its sole option.

11. Timely Expenditure of Funds. During the tenn of the agreement, the Agency shall adhere to the required implementation milestone schedule. Failure to meet any of the following implementation milestones will result in a proportional reduction of the funding allocation specified in the paragraph above. Progress towards achieving milestones shall be measured by the total dollar value (include administrative cost allowance) of the energy efficiency measure installations completed and reported by the Agency via the program database.

a. 15% of the Allocated Funds for 2011 must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before May 31, 2011.

b. 40% of the Allocated Funds for 2011 must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before July 31, 2011.

c. 60% of the Allocated Funds for 2011 must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before September 30, 2011.

Milestones for any contract year after 2011 shall be as follows:

d. 25% of the Allocated Funds for the contract year must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before March 31 of that year.

Service Agreement Draft 5 3115/201 j

23

e. 50% of the Allocated Funds for the contract year must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before July 31 of that year.

f 75% of the Allocated Funds for the contract year must be spent by the Agency on eligible energy efficiency measures which have been installed and reported via the program database on or before September 30 of that year.

In the event the Agency fails to meet any of the above milestones, Frontier may reduce the Allocated Funds for the remainder of the calendar year by the amount of the shortfall. For example, if the Agency's total expenditures on eligible measures through May 31,2011 are $30,000, then the allocation as specified in Section 10 will be reduced by $15,000.

12. Allocation of Additional Incentive Funds. If the Agency's total expenditures on eligible measures exceed the allocation specified in Section 10 during any calendar year of the contract term, the Agency's funding allocation may be increased, subject to the availability of additional funds. Frontier will notifY the Agency of the availability of additional funds no later than thirty days prior to the end of any month of the contract term in which the Agency's expenditures may reasonably be expected to exceed the allocation for that calendar year. Subject to the availability of additional fnnds, the Agency's allocation may be increased by an amount equal to the average monthly expenditures for the preceding three months. Similar monthly allocations shall be made until the end of the calendar year, or additional incentive funds are no longer available.

13. Frontier recognizes that under its Charter, the Agency may not obligate itself by contract to pay more money than the amount the Agency's board of directors appropriates, and further recognizes that the Agency has not appropriated and allocated any money to pay for services under this Agreement or related to this Agreement.

14. Eligible Customers. Residential single-family customers who receive electric distribution service from Oncor and whose household income does not exceed 200% of current federal poverty guidelines are eligible to receive services under this program. The Agency shall be responsible for verifYing the income eligibility of all customers in accordance with Texas Administrative Code, Rules for Energy Assistance Programs.

15. Maximum Payment per Home. The maximum payment, inclusive of all Agency costs for work perfonned under this Agreement is $6,500 per home.


24

16. Unanticipated Costs. Each party shall be separately responsible for any unanticipated fees, taxes, or costs necessary for the completion of that party's scope of work.

17. Inspection. All Services performed by Agency or its subcontractors shall be subject to the inspection and approval of Frontier or its authorized representative at all times, but such approval shall not relieve Agency of responsibility for the proper performance of the Services. The Agency shall furnish all information concerning the Services to Frontier upon request.

18. Records and Audit. Agency's books, records, correspondence, accounting procedures and practices and any other supporting evidence relating to this Agreement (all of the foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by Frontier or its authorized representative to the extent necessary to adequately permit evaluation and verification of customer eligibility, or of any invoices, payments or claims based on Agency's actual costs incurred, or units expended, directly in the performance of the Work under this Agreement. For the purpose of evaluating or verifying such actual or claimed costs or units expended, Frontier or its authorized representative shall have access to said Records from the effective date of this Agreement, for the duration of the Work and until three (3) years after the date of final payment by Frontier to Agency pursuant to this Agreement.

19. Use of Name. Agency may not use Oncor's or Frontier's corporate name, trademark, trade name, logo, identity or any affiliation for any reason, including soliciting customers for participation in its project, without prior written consent.

20. Insurance.

The Agency represents to Frontier the following:

(a) it is self-insured for all claims falling within the Tort Claims Act; (b) it is self-insured for Worker's compensation insurance as provided

by Chapter 407 of the Texas Labor Code; and (c) it is either insured under a policy of commercial insurance or is

self-insured for automobile insurance with minimum coverage of $500,000 per occurrence for bodily injury or death and $100,000 for injury to or destruction of property. If Agency is insured under a policy of commercial insurance, the insurance will be issued by a company that the State Board of Insurance has authorized to do business in Texas, and will uame the Frontier as an additional insured.

21. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited


25

in the United States mail, postage prepaid at the address listed in the Preamble to this Agreement.

22. Entire Agreement. This Agreement constitutes the entire understanding of the parties with respect to the Authorized Work, and there shall be no modification or waiver hereof except by writing, signed by the party asserted to be bound thereby. There are no oral representations or agreements between the parties.

23. Time is of the Essence. The Parties hereby acknowledge that time is of the essence in performing the duties under this Agreement. Failure to comply with stated deadlines or milestones may result in termination of this Agreement, payments being withheld, or other contractual modifications.

24. No Waiver. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in duly force and effect.

25. Applicable Law. This Agreement shall be governed by the laws of the State of Texas, without application of its conflict of laws provisions. Venue shall lie exclusively in the state courts of Dallas County, Texas.

26. Assignment Prohibited. This Agreement may not be assigned without the written consent of the Agency or Frontier.

27. Modification. This Agreement may not be modified except by written agreement.

28. Force Majeure. Neither Party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this Section, Force Majeure is defined as: Acts of war and acts of god such as earthquakes, floods and other natural disasters, or actions of others, including but not limited to strikes, lockouts or other industrial disturbance, not within the control or arising from the fault of the Party claiming Force Majeure.

29. No Joint Enterprise. Each party shall perform its obligations under this Agreement as independent contractors, and nothing contained herein shall be deemed to create, nor does it create, any association, partnership, joint venture, or relationship of principal and agent or master and servant between the parties, or to provide either party with the right, power or authority, whether express or implied, to create any duty or qbligation on behalf of the other party.


26

30. Attorney's Fees. In the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, the prevailing Party in such legal action or proceeding shall be entitled to have and recover from the other Party all costs and expenses incurred therein, including reasonable in-house and outside attorneys' fees.

The Parties have executed this Contract in multiple copies, each of which shall be an

original, as of this the date countersigned by the Judge of Dallas County.

FRONTIER ASSOCIATES LLC Signed by:

Name: Bill Brooks Title: CEO

APPROVED AS TO FORM:

Chief District Attorney, Civil Section Dallas County

Service Agreement Draft 9

DALLAS COUNTY DEPT OF HEALTH & HUMAN SERVICES Signed by:

Name: Zachary Thompson Title: Director

COUNTERSIGNED BY:

Name: Clay Lewis Jenkins Title: Dallas County Judge

DATE COUNTERSIGNED:

3115/2011

27

APPENDlXA

SCOPE OF WORK

1.0 Referenced Agreement. All Work shall be accomplished in accordance with the weatherization services agreement between Frontier Associates LLC, a Texas Limited Liability Company, (Frontier) and The Dallas County Department of Health and Human Services (AGENCY).

2.0 Customer Outreach and Eligibility Detennination. Agency will utilize its own resources to identifY eligible customers, and shall verifY income eligibility using eligibility verification procedures outlined in Texas Administrative Code (TAC) Rules for Energy Assistance Programs. The target market for the program includes income-eligible single-family homeowners, USDA rural development properties, and public housing authorities. Agency will verifY that tile customer premise is in the electric distribution service territory of Oncor Electric Delivery Company by obtaining the ESI ID number or meter ID number from the customer and inputting this number into the program database.

3.0 Assessments. For customers determined to be eligible using the procedures outlined in Section 2.0, Agency may conduct an assessment to determine the applicability and Savings-to-Investment (SIR) ratio for the following energy efficiency measures:

3.1 Attic insulation 3.2 Wall insulation 3.3 Compact fluorescent lamps (CFLs) 3.4 Solar screens 3.5 Replacement ENERGY STAR window unit air conditioners 3.6 Replacement ENERGY STAR central air conditioners and heat pumps 3.7 Replacement ENERGY STAR refrigerators 3.8 Replacement ENERGY STAR ceiling fans 3.9 Water heating measures (for electric water heaters) 3. I 0 Air infiltration control measures (optional) 3.1 I Duct sealing (optional)

As part of the assessment, the Agency is responsible for verifYing that the health and safety of customers will not be impacted by the installation of any of the above measures. This may include, but is not limited to, verifYing pre- and post-installation carbon monoxide levels and preand post-installation ventilation rates as part ofthe installation of wall insulation, air infiltration control measures, or duct sealing.

4.0 Assessment Fee. The fee for condncting assessments that include pre-installation blower door air infiltration measurements and pre-installation duct leakage measurements shall be $195 per home. This fee is inclusive of all costs, including travel and any other related expenses. For assessments that do not include blower door air infiltration or duct leakage measurement tests, the assessment fee shall be $125 per home. Only assessments conducted on eligible cllstomer homes are eligible for payment. For housing authorities, assessments will be conducted on a representative sample of units.

Page A-J 3-16-2011

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5.0 petermination of Measures to be Installed. Agency shall input measure data collected during the Assessment into the program database. The program database will calculate SIR for each of the applicable measures and will detennine the most cost-effective combination of measures to be installed, up to the maximum expcnditure per home.

6.0 Work Order Submittal. Agency shall submit work orders via the program database. Work orders shall consist of a list of homes for which an assessment has been completed, including installation cost and savings estimates.

7.0 Work Order Payment. Frontier shall provide payment for properly-submitted work orders within tcn calendar days of submittal. Work order payment shall include payment for the assessment, plus estimated installation costs for program measures, excluding the Agency administration fee.

8.0 Installation of Measures. Agency shall perform andlor coordinate the installation activities, as well as any required post-installation services, such as installation verifications and the recycling or disposal of old appliances. All work shall be performed in a workmanlike manner, consistent with industry and TDHCA measure installation standards. Agency shall complete all required services and input updated measure installation data for each home included in a work order within fortyfive (45) calendar days of work order submittal.

9.0 Installation Data. Agency shall npdate installation data for each home as soon as measures are installed. In addition to updating the installation data, Agency shall upload a copy of the Customer Certification Fonn and a copy of the Income Verification Fonn.

10.0 Agency Administration Fee. The program database will include in the installation report the installation costs, using the updated measure installation data, plus the Agency's administration fee, which is eight percent (8%) of the measure installation costs.

11.0 Sales Taxes. The Services provided under this Agreement are non-taxable. Ifrequired, Frontier shaU provide a copy of sales tax exemption certificate to Agency.

12.0 Reconciliation of Work Order and Installation Report. In consideration of satisfactory performance of the work as outlined above, Frontier reconcile the total amount due on the installation report against the corresponding work order payment. Any amount over or under paid shall be credited against or added to the amount requested on the next work order submitted after this installation report, or in the case of work completed near the end of Agreement Term, within 30 days.

Page A-2 3-16-2011

29

DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration

ZACHARY S. THOMPSON DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director

DATE: March 29, 2011

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SUBJECT: RATIONALE FOR SAME DAY BRIEFING AND COURT ORDER

Dallas County Department of Health and Human Services is requesting that the Lease Agreement with Marcer Investments, LLC, be considered on both the briefing and formal agenda to expedite payment.

2377 N.Stemmons Freeway Suite 644 - LB 12

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

c::> '9'

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C: (})

30 DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration

ZACHARY S. THOMPSON DIRECTOR

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Zachary Thompson, Director


SUBJECT: LEASE AGREEMENT WITH MARCER INVESTMENTS, LLC., AND DALLAS COUNTYHEALTH AND HUMAN SERVICES

(SAME DAY BRIEFING AND COURT ORDERI

BACKGROUND

The Texas Department of State Health Services approved Dallas County Health and Human Services to enter into an Agreemenl with Marcer Investments, LLC. This Agreement allows Dallas County to continue providing immunizations to citizens, previously covered by the City of Dallas. The term of the contract is April 1, 2011 through April 1, 2012.

OPERATIONAL IMPACT

There is no impact to Dallas County for this Agreement.

LEGAL IMPACT

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

FISCAL IMPACT

This monthly rent at Marcer Office Building, 1113 East Jefferson Blvd., Suite 200, Dallas, Texas 75203 will be $5,631.25 per month, for the leasing of 2,650 square feet of building space, payable by the 1" of each month. County also agrees to pay for the utilities (electrical, natural gas, telephone services, etc.). There is no financial impact to Dallas County. The Department of State Health Services Immunization Branch Locals will provide funding.

STRATEGIC PLAN COMPLIANCE

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Oaf/as County is a health community. The Lease Agreement with Marcer Investments, LLC is included under the strategy for the provision of disease prevention, health promotion and human service programs to County residents.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve the Agreement wittl Marcer Inveslments, LLC), and authorizes . ,e ~Y.'ty Judge to sign the Agreemen1, and all related documents on behalf of Dallas County.

Recommendedby:: __ ~~~~~~~~-k~~~ ___

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

2377 N. Slemmons Freeway c,,;~ ... &:::IIA _ I Q 1?

Dallas, Texas 75207-2710 Office (214) 819-2100 .' t:AV f"'''A\ 0 ...... ., .........

COUNTY OF DALLAS

STATE OF TEXAS

§ § §

31

LEASE AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND MARCER INVESTMENTS, LLC.

THIS Agreement is entered into and made as of the __ day of , 2011 by and between MARCER INVESTMENTS, LLC, a Texas Limited Liability Company, hereinafter called "Landlord", and DALLAS COUNTY, TEXAS hereinafter called "County".

WITNESETH

WHEREAS, Landlord owns a certain parcel of real property known as Suite 200 inside the Marcer Office Building at 1113 East Jefferson Boulevard in Dallas, Texas, and;

WHEREAS, the said Suite 200 inside of the said office building located at 1113 East Jefferson Boulevard, Dallas, Texas includes approximately 2,650 square feet of ground floor office space inside a two story structure with forty-one (41) adjacent parking spaces available for visitors to the said Suite 200 and is situated on a part of lot 5 in the Original Oak Cliff Block 62/3043 in the City of Dallas, County of Dallas, State of Texas, and;

WHEREAS, together with all the rights, privileges, easements, structures, parking, and appurtenances belonging to or in any way pertaining to the aforesaid parcel of real property with forty-one (41) adjacent parking spaces located at the street address of 1113 East Jefferson Boulevard, Dallas, Texas, Dallas, Texas, the legal description of the said parcel of real property is described in Exhibit "A"; the forty-one (41) adjacent parking spaces are described in the schematic in Exhibit "B"; the usable ground floor office space on the street side of the building is described in Exhibit "C"; and the site location of the real property is described in Exhibit "D", all of which are attached hereto, made a part hereof, and hereinafter called the PREMISES, and;

WHEREAS, the PREMISES will be used by County to provide Immunization Services to the residents of Dallas County, Texas and;

WHEREAS, Landlord and County have reached an agreement on the terms and conditions of a lease agreement for the PREMISES.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that County, in consideration of the mutual covenants, promises, agreements and other good and valuable consideration contained herein, does agree to lease from Landlord the PREMISES according to the following terms:

2011 Lease Agreement between Dallas County & Mareer Investments, LLC Page I of 15

32

I.

BASIC TERMS

(A) Definitions:

"Rent" means base rent plus any other sums of money due Landlord by County.

"County" means DALLAS COUNTY. TEXAS and its agents, employees, clientele, invitees, licensees, and/or visitors.

"Landlord" means MARCER INVESTMENTS, LLC, and its managing member(s), manager(s), director(s), agents, employees, invitees, concessionaires, licensees, visitors, contractors, and/or subcontractors.

"Essential Services" means heating, ventilating, air conditioning, water, and utility connections reasonably necessary for occupancy of the PREMISES for the use stated herein.

(B) Address of County: DALLAS COUNTY HEALTH AND HUMAN SERVICES ZACHARY THOMPSON, DIRECTOR 2377 N STEMMONS FWY STE 600 DALLAS TX 75207-2705

(C) Address of Landlord: MARCER INVESTMENTS, LLC C/O RAUL B. ESTRADA, MANAGER 325 E JEFFERSON BL VD DALLAS TX 75203-2631

II.

RENTS & DEPOSIT

County agrees to lease the PREMISES for the entire term and to pay Rent to Landlord in the amount as follows:

County agrees to pay to Landlord monthly rent of five thousand six hundred thirty-one dollars and twenty-five cents ($5,631.I.i:) for each month of the term of the lease, payable in advance by the 1st of each month for the lease of the PREMISES. Said rent includes all essential services and all common area maintenance charges.

2011 Lease Agreement between Dallas County & Marcel' Investments. LLC Page 2 of 15

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County further agrees to pay, as additional rent, all other amounts or rental as may be applicable herein.

All payments from County to Landlord should be made as follows:

Payable to: MARCER INVESTMENTS, LLC

Address of Landlord: MARCER INVESTMENTS, LLC C/O RAUL B. ESTRADA, MANAGER 325 E JEFFERSON BLVD DALLAS TX 75203-2631

III.

TERM OF LEASE

The tenn of the Agreement shall be for a period of Twelve (12) months beginning, (12:01 a.m.) the 1st day of April, 2011, (the "Commencement Date") and ending (12 midnight) the 1 st day of April 2012 (the "Expiration Date"). Until the year 2020, this Agreement shall automatically renew every year on the 1 st day of April unless County provides notice to Landlord on or before the 1 st day of March of any subsequent year of County's intention to tenninate this Agreement. Notwithstanding any other provision of this Agreement, this Agreement will expire completely and without any notice or action from either Landlord or County on the 1 sl day of April, 2020.

IV.

USE OF PREMISES

(A) Specific Use. The PREMISES shall be occupied and used exclusively for the purpose of operating a social service office that provides immunizations to the residents of Dallas County, Texas.

(B) Covenants Regarding Use. In connection with its use of the PREMISES, County agrees to use the PREMISES and conduct its business thereon in a safe, careful, reputable and lawful manner; shall keep and maintain the PREMISES in as good a condition as they were when County first took possession thereof other than nonnal wear and tear and shall make all necessary repairs to the PREMISES other than those which the Landlord is obligated to make as provided elsewhere herein.

(C) Compliance with Laws. County and Landlord shall comply with all laws, statutes, ordinances, rules, regulations and orders of any federal, state, municipal or other government agency thereof having jurisdiction over and relating to the use,

2011 Lease Agreement between Dallas County & Mareer Investments, LLC Page 3 of 15

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V.

UTILITIES PROVIDED TO PREMISES

Landlord will provide County with connections and meters or submeters for water, electricity, and natural gas, if any. Tenant will contract directly with the utility service provider and will pay all charges incurred for utility services provided to the PREMISES.

VI.

REPAIRS, MAINTENANCE, ALTERATIONS, IMPROVEMENTS AND FIXTURES

(A) After the execution of this lease, Landlord will construct office space and adjacent parking on real property of the PREMISES to provide a turn-key space as per the attached floor plan in Exhibit C. After said construction, County shall have the right to inspect the PREMISES and have experts inspect the PREMISES before County takes possession of the property. If County determines that the PREMISES have not been constructed to provide a turn-key space as per the attached floor plan in Exhibit C, County shall have the right to terminate this lease and receive a full refund of all money paid to Landlord. If County takes possession of the PREMISES, County acknowledges that the PREMISES are being leased "AS IS" as of the date that County takes possession of the PREMISES.

(B) Repair and Maintenance of PREMISES. Landlord shall keep and maintain in good order, condition and repair the roof, exterior and interior load-bearing walls (including any plate glass windows comprising a part thereof), foundation, basement, the common areas and facilities of the PREMISES and electrical, plumbing, heating ventilation and air conditioning systems serving the PREMISES. Landlord agrees to provide County with a Certificate of Occupancy for the PREMISES. County shall not make any alterations, additions, or improvements to the property without prior written consent of Landlord.

(C) Trade Fixtures. Any trade fixtures installed on the PREMISES by County at its own expense, such as removable partitions, laundry equipment, kitchen equipment, counters, shelving, mirrors, security cameras and the like, shall, at the request of Landlord, be removed on the Expiration Date or earlier termination of this Lease, provided that County is not then in default, at County's sole cost for such removal, and further that County shall repair, at its own expense, any and all damage to the PREMISES resulting from such removal.

(D) If County fails to remove any or all such trade fixtures from the PREMISES on the Expiration Date or earlier termination of this Lease, all such trade fixtures shall


35

(E) Americans With Disabilities Act. Landlord agrees that to the extent required by the Americans With Disabilities Act of 1990, as amended from time to time, and related state and municipal laws and regulations (collectively, the "ADA") Landlord will improve the PREMISES in order to comply with the ADA.

VII.

SIGNS

County may place County identification information on the PREMISES without prior written approval by Landlord of the type, kind, content, and/or method of attachment to PREMISES. Any sign placed on the PREMISES by County shall comply with all applicable laws and ordinances of the jurisdictional authority wherein the PREMISES is located.

VIII.

FIRE OR OTHER CASUALTY

If the PREMISES are damaged or destroyed by fire or other casualty insurable under standard "all risk" property insurance and Landlord does not elect to terminate this lease as hereinafter provided, Landlord will proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Demised PREMISES. If (a) the building in which the PREMISES are located is destroyed or substantially damaged by a casualty not covered by Landlord's insurance, (b) such building is destroyed or rendered untenantable to an extent in excess of fifty percent of the first floor area by a casualty covered by Landlord's insurance, or (c) the holder of a mortgage, deed of trust or other lien on such building at the time of the casualty elects, pursuant to such mortgage, deed of trust or other lien, to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien, then Landlord may elect either to terminate this lease or to proceed to rebuild and repair the Demised PREMISES. Landlord will give written notice to Tenant of such election within sixty (60) days after the occurrence of such casualty.

Landlord's obligation to rebuild and repair under this Article is in any event limited to restoring the Landlord's Improvements to substantially the condition in which the same existed prior to the casualty. Tenant agrees that promptly after completion of such work by Landlord, Tenant must proceed with reasonable diligence and at Tenant's sole cost and expense to restore, repair and replace the Tenant's Improvements, the Tenant's

2011 Lease Agreement between Dallas County & Marcer Investments, LLC Page 5 of 15

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Personal Property and, if an exhibit describing construction work to be performed by Tenant is attached hereto, all items of Tenant's required work as described in such exhibit.

Tenant agrees that during any period of reconstruction or repair of the Demised PREMISES, it will continue the operation of its business within the PREMISES to the extent practicable. During the period from the occurrence of any casualty at the Demised PREMISES until Landlord's. required repairs are completed, the minimum guaranteed rent will be reduced to such extent as may be fair and reasonable under the circumstances; however, there will be no abatement of the other charges provided for in this lease.

IX.

SOVEREIGN IMMUNITY

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

X.

GENERAL INDEMINIFICATION

DALLAS COUNTY, DALLAS COUNTY COMMISSIONERS, ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS EMPLOYEES, AGENTS AND REPRESENTATIVES (HEREINAFTER "INDEMNITEES") SHALL NOT BE LIABLE TO LANDLORD, ITS GENERAL OR LIMITED PARTNERS, SUBCONTRACTORS, EMPLOYEES, AGENTS, INVITEES, LICENSEES, ASSIGNS OR TO ANY OTHER PERSON WHOMSOEVER OR ENTITY WHATSOEVER, FOR ANY INJURY TO PERSON OR DAMAGE TO PROPERTY, ON OR ABOUT PROPERTY ON BEHALF OF THE COUNTY. LESSOR AND LESSEE AGREE THAT EACH SHALL BE RESPONSIBLE FOR ITS OWN NEGLIGENT ACTS OR OMISSIONS OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS AGREEMENT, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITIES AND DEFENSES A V AILABLE TO COUNTY UNDER TEXAS LAW. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANY THIRD PERSONS OR ENTITIES.


37

XII.

DEFAULT BY COUNTY

In the event County shall be in default in the rentals or other charges hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and remain in default for a period of 30 days after written notice from Landlord of such default, Landlord shall have the right and privilege of terminating this Lease and declaring the same at an end, and of entering upon and taking possession of said premises, and shall have the remedies now or hereafter provided by law for recovery of rent, repossession of the premises and damages occasioned by such default.

XIII.

DEFAULT BY LANDLORD

In the event Landlord shall breach or be in default in the performance of any of the covenants or obligations imposed upon Landlord by this Lease and shall remain in default for a period of 30 days after written notice from County of such default, County shall have as County's sole remedy, the right and privilege of terminating this Lease.

XIV.

ACCESS TO PREMISES

Landlord Access. Landlord, its general and limited partners, employees and agents and any mortgagee of the PREMISES shall have the right to enter any part of the PREMISES at all reasonable times for the purpose of examining or inspecting the same,showing the same to prospective purchasers, mortgagees or for making such repairs, alternations or improvements to the PREMISES or the Building as County may deem necessary or desirable.

XV.

TERMINATION

Termination for Convenience. The County may terminate this lease with or without Cause, in its sole discretion, upon thirty (30) days written notice.

XVI.

SURRENDER OF PREMISES

Upon the expiration or earlier termination of the Lease, County shall surrender the


38

PREMISES to Landlord, together with all alterations, improvements and other property as provided elsewhere herein, in broom-clean condition and in good order condition and repair, except for ordinary wear and tear.

County shall promptly repair any damage caused by removal of its personal property or trade fixtures, and shall restore the PREMISES to the condition existing prior to the installation of the items so removed.

XVII.

NOTICES

Any notice, demand or request required or permitted to be given under this Lease or any law shall be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or Registered Mail, postage paid, to the party who is to receive such notice, demand or request at the addresses set forth in Section 1. of this lease. Such notice, demand or request shall be deemed to have been given three (3) days subsequent to the date it was so delivered or mailed.

XVIII.

MISCELLANEOUS GENERAL PROVISIONS

(A) Applicable Law. This lease is expressly made subject to County's Sovereign Immunity, Title 5 of the Texas Civil Remedies Code and all applicable State of Texas and Federal Laws. This Lease arid all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas County, Texas.

(B) Entire Agreement. This Lease, including all Exhibits, and Addendum, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto.

(C) Binding Effect. This Lease and the respective rights and obligations of the parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves; provided, however, that County, its successors and assigns shall be obligated to perform County's covenants under this Lease only during, and in respect of their successive periods as County during the term of this Lease.

(D) Severability. If any provision of this Lease shall be held invalid, void or enforceable the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.


39

(E) Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by law. County and Landlord have a duty to mitigate damages.

(F) Rights and Remedies Cummulative. The rights and remedies provided by this lease are cumulative, and either party's using any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.

(G) Binding Agreement/Parties Bound. Landlord certifies that the person exeeuting this Agreement has full authority and is authorized to exeeute this Agreement on behalf of MARCER INVESTMENTS, LLC. A resolution, duly passed by County, evidencing such authority shall be furnished to County on the date of execution of this Lease and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns.

(H) Amendment. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto.

(1) Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise.

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

(K) Fiscal Funding Clause. Notwithstanding any prOVISiOns contained herein, the obligations of County under this Lease are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Lease and any extensions thereto. Landlord shall have no right of action against County in the event County is unable to fulfill its obligations under this Lease as a result of lack of sufficient flmding for any item or obligation from any source utilized to fund this Lease or failure to budget or authorize funding for this Lease during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Lease as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Lease by written notice to Landlord at the earliest possible time prior to the end of its fiscal year.

XIX.

ACCEPTANCES


40

By their signatures below, the duly authorized representatives of County and Landlord accept the terms ofthis lease in full.

COUNTY:

Clay Lewis Jenkins County Judge Dallas County, Texas

RECOMMENDED BY:

Zachary Thompson Director Dallas County Health and Human Services Department

LANDLORD:

Raul Estrada Managing Member MARCER INVESTMENTS, LLC

APPROVED AS TO FORM*:

Civil Division Criminal District Attorney's Office

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a lease, 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).


4 1

EXHIBIT A

BEING a part of Lot 5 in Block 62/3043 of the Original Town of Oak Cliff,

according to the Plat thereof recorded in Volume 89, Pages 1, 2, and 3,

Deed Records, Dallas County, Texas and transcribed to Volume 3, Page 516,

Map Records of Dallas County, Texas, and being more particularly

described as follows:

BEGINNING at a 1/2 inch iron rod set for corner which lies 109.6 feet

Northerly from the intersection of the North line of East Sixth Street with

the Westerly right-of-way line of Jefferson Avenue, same being the

Southeast comer of Lot 5;

THENCE West, 270.08 feet to a 1/2 inch iron pin found for corner at the

Southwest corner of said Lot 5 and also being on the Easterly right-of-way

line of a 20 foot alley;

THENCE North along the Easterly right-of-way line of said 20 foot alley,

100 feet to a 1/2 inch iron rod found for corner at the Northwest corner of

said Lot 5;

THENCE East along the North line of said Lot 5, 269.66 feet to a 1/2 inch

iron rod set for corner on the Westerly right-of-way line of Jefferson

Avenue;

THENCE South 00 degrees 14 minutes 40 seconds East along the Westerly

right-of-way line of Jefferson Avenue, 100 feet to the PLACE OF

BEGINNING and CONTAINING 0.6195 acres ofland.

2011 Lease Agreement between Dallas County & Marcer Investments, LLC Page II of 15

42

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EXHIBITD

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LOCATION MAP (DALLASMAPSCo MAP #55A) NO SCALE

2011 Lease Agreement between Dallas County & Marcer lnvestments, LLC Page 14 of 15

45

f'mg69~/l.?, ,qOUNTY '" .' ......• PS COURT

Memorarl'lfiIm: 09

Dallas County Sheriff's Department


TO: Darryl Martin, Court Administrator

FROM: Darryl D. Thomas, Chief Financial Officer

SUBJECT: Rationale for Same Day Briefing and Court Order

Mr. Martin, we are requesting same day briefing and court order for adding an administrative support clerk to the Social Security Fraud Investigation contract form April 1, 2011 to March 31, 2012. Social Security Administration is requiring approval by March 31, 2011.

Thanks for your consideration! If further information is needed, please contact me at (214) 653-2765 or (214) 673-0200.

~lCWr~~ Darryl D. Thomas Chief Financial Officer

46

Meffl~rh3n9dum Dallas County Sheriff's Department


TO: Commissioners Court

FROM: Darryl D. Thomas, Chief Financial Officer

SUBJECT: Social Security Fraud Investigation

Background Information

In FY 1998, the Social Security Administration (SSA) office of Operations, Office of Disability and the Office of the Inspector General created the Cooperative Disability Investigations (CDI) Programs. In Five (6) years time, 16 Investigative Units have become operative in Atlanta, Baton Rouge, Chicago, Houston, Nashville, New York City, Trenton, New Jersey, Oakland, California, Roanoke, Virginia, Salem, Oregon, S1. Louis, and Tampa. The Dallas County Sheriffs Department has participated since 2002.

The CDI program relies on the combined skills and specialized knowledge of OIG and state or local law enforcement investigators and state Disability Determination Services (DDS) officials to combat disability fraud in their respective areas.

The Social Security Administration (SSA) wishes to continue to contract with the Dallas County Sheriff's Department to provide investigative services for the Cooperative Disability Investigation (COl) programs.

The Social Security Administration (SSA) wishes to provide an administrative support service clerk for the three investigators for Cooperative Disability Investigation (CDI) programs.

Financial Impact

All costs related to this clerk position will be reimbursed to Dallas County monthly. The first year annual estimated cost is $49,150.

Funding

The Social Security Administration (SSA) has received funding thru March 31, 2012. The SSA pays all costs relating to the clerk position and there is no cost to Dallas County.

47

Legal I! MAR 23 Pi1 3: 09

The investigative unit will strive to remain within all local margins of local, state and federal laws, as well as Dallas County and Sheriff's Department policies and procedures. At all time, the laws of rites governing all peace officers are adhered to, ensuring all citizens are equally protected according to the laws of the land. All documents pertaining to the contract and inter-local agreements must be signed by the Social Security Administration Project Director and the County Judge on behalf of the County.

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. Combating disability fraud in conjunction with the Office of the Inspector General is a model of coordination of programs and systems to reduce crime. This program is also an example of synergizing public safety programs and services across the county.

Recommendation

It is recommended that the Court approve the amendment to the contract with Social Security Administration to add an administrative support service clerk to the Disability Investigative program targeting Social Security disability fraud and that the County Judge be authorized to sign all related documents.

SC~'Ltw,~~ 'Darryl D. Thomas Chief Financial Officer

48

SOCIAL SECURITY Office of Budget, Finance and Management

Dallas County Sheriff's Department Attention: Darryl Thomas, Chief Financial Officer 133 N. Industrial Blvd. LB-31 Dallas, TX 75207

Reference: Contract # SS06-10-60012

Dear Mr. Thomas:

Office of Acquisition and Grants Office of Operations Contracts

Division of Eastern Regional Contracts 1301 Young Street, Room 550

Dallas, TX 75202 March 10,2011

Attached is Modification #2 to the above referenced contract which exercises the Option Period 1 (April 1, 2011 - March 31, 2012) and adds administrative support services to the contract for the remaining option periods.

The Statement of Work for the administrative support services is attached to the modification along with revised pricing sheet~ for each· of the Option Periods. You indicated in your price proposal for the administrative services that Dallas County Sheriff's Department policy requires that the position must be posted for competitive selection. We must approve the selection of the individual to provide these services and request that you provide a resume of the selected individual as soon as a selection is finalized.

As outlined in the Request for Quote, Security/Suitability Background checks for Contractor Personnel who will be performing under the contract are required. "Performing under the contract" is defined as either work on-site a Social Security Administration (SSA) facility (including visiting the SSA site for any reason) or having access to agency programmatic or sensitive information. Please refer to SECTION D-20 of the contract for complete instructions regarding the pre-screening process.

Please be advised that you MUST complete the forms and submit as required. A new prescreening process must be conducted on the individual selected.

The forms will be provided to you upon execution of the contract modification.

Please indicate your concurrence ofthis modification by completing blocks 15a. (printed name). 15b (signature) and 15c (date) on the enclosed SF-30, Modification.

Please retum the SF-30 form to me at the following address by March 21, 2011. An executed copy of the modification will be provided for retention in your files.

49

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT i. CONTRACT 10 CODE

C2.~A~M~E~N~O~M=E~N~T/~M".O~D~IF~ICCA~T~IO~N~N~OC-~~~~-C3~.~E~F·FE·~C~T~IV~E~O~A~T~E~~~~~'1'4'. ~RE=·QcUL'~S~IT=IONjPURCHASE REO, NO

000002 04/01/2011 ~ee Schedule '6~.~'S~S~U~E~D~8~Y~·-~~~~~·-~~~C~O~D~E~~0'O~1~6~0~~~~~~~~~~~~~~~~~JI'7=.~A~D~M~IN~IOST~E~R~;E~DC08Y""~=f'~"~"/~~'4'"~ff='m~W~~~""''''<:~~~C='-~~~~---

/

i LINDA WASHECK Social Security Administration Office of Acquisition and Grants 1301 Young Street, Room 550 Dallas TX 75202-5433

8. NAME AND ADDRESS OF CONTRACTOR (No" sfreet. !;oun/y, Siale and ZIP eotre)

DALLAS, COUNTY OF A ttn: Darryl Thomas, Fiscal Division 133 N • Industrial . 14-748-2771 2 D allas TX 75207

CODE

Blvd. LB-31

I FACILITY CODE

11. THIS IT l. APPLIES

Social Security Administration/OAG Office of Operations Contracts Eastern Division Dallas TX 75202

~9A AMENDMENT OF SOLICITATION NO

198. DATED (SEE ITEM 11)

lOA. MODIFICATION OF CONTRACT/ORDER NO, x SS06-10~60012

108, DATED (SEE ITEM 13)

03/29/2010 AMENDME T SOUcnATI N

o The above numbered solicitatIOn IS amended as set fortll In Item 14, The hour and dale speCified for receipt of Offers Dis extended. DIS not extended.

Offers must acknowledge receipt of this amendment prior to lI1e hour and date specified in the solicitation or as amended, by one of Ihe following methods: (a) By compteting

Items 8 and 15, end returning copies of the amendment: (b) 8y acknowtedging receipt of this amendment on each copy of the offer submlt!ed; or (c) 8y

separate leiter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEfVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or leller, provided each telegram or leiter makes reference to the solicitation and this amendment, and is received prior 10 the opening hoor and date specified

12. ACCOUNTING AND APPROPRIATION DATA (If required) Net Increase: $ 358, 815. 00 See Schedule

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTs/ORDERS. IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO, IN ITEM lOA.

8. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF fAR 43,103(b}.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

X FAR 52.212-4 Changes & FAR 52.217-9 Option to Extend the Term of the Contract D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor o is not. !KIIS reqUired to sign Ihls document and return 1 copies to the Issuing offlca.

14, DESCRIPTION OF AMENDMENTIMODIFICATiON (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

DUNS Number: 180580961 The purpose of this modification is to exercise Option Period 1 (April 1, 2011 - March 31, 2012) for investigative support services for the Social Security Administration/Cooperative

Disability Investigative Unit (COl) in Dallas, Texas,

The modification also serves to add administrative support services to the contract

beginning April 1, 2011 per the attached Statement of Work.

Revised pricing for option periods is also attached which includes administrative support

services beginning in Option Year One (April I, 2011 - March 31, 2012).

Continued ... Except as prOVided hSl'eill, all terms and collditionsof the document referenced in Item SA or lOA, as heretofore cMnged, rema'lns unchanged and in full force and effect.

15A NAME AND TiTLE OF SIGNER (Type or pn'nt) J 16A NAME AND TITLE OF CON I RACTING OFFICER (Type or pn'nf)

158, CONTRACTOR/OFFEROR

NSN 7540·01·152"8070 Previous edition unusable

15C. DATE SIGNED

DENITA PATTEHSON

168, UNITED STATES OF AMERICA 16C. DATE SIGNED

STANDARD FORM 30 (REV, 10-83) Prescribed by GSA FAR (~8 CFR) 53 243

50

REFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET SS06-10-60012/000002

NAME OF OFFEROR OR CONTRACTOR

DALLAS, COUNTY OF

iTEM NO

(A)

0002

0003

0004

SUPPLIES/SERVICES

(E)

The attached DOL Wage Determination WD 2005 2509, Rev. 11, dated 9/9/2010 is applicable to the

contract.

Direct Procurement Questions "Co: Linda washeck, contract specialist at 214-767-3233.

Direct Technical Questions to: P.lfred Washington, Contracting Officer Technical Representative at

214-767-7304 Delivery: 04/01/2011 Delivery Location Code: 0027 Social Security Administration RG06-0ff of Acquisitions and Grants Room 550 1301 Young St Dallas TX 75202-5433

Change Item 0002 to read as follows{amount shown is the total amount):

Exercise Option Year One - April 1, 2011 through March 31, 2012 and add administrative support services to the contract through Option Year Four

Obligated Amount~ $358,815.00 Requisition No: RG06-11-S019, RG06-11-5020

Accounting Info: 4007482/2011/252K/2818704/RG06-11-5019/

Funded~ $309,665.00 Accounting Info: 4007482/2011/252K/2818704/RG06-11-5020/

Funded: $49,150.00

Change Item 0003 to read as follows(amount shown

is the total amount):

Option Year Two - April 1, 2012 - March 31, 2013

Total Amount: $372,316.00

(Option Line Item) Period of Performance: 04/01/2012 to 03/31/2013

Change Item 0004 to read as follows(amount shown

is the total amount):

option Year Three - April 1., 2013 - March 31, 2014

Total Amount: $385,374.00 (Option L.ine Item) Continued ...

NSN 7540 011528067

QUANTITY UNIT UNIT PRICE

(e) (0) tE)

3

AMOUNT

(F)

358,815.00

OPTIONAL FORM 336 (4·e6) Sponsored bY GSA FAR (48 CFR) 53,110

0.00

0.00

5 1

REFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET 8806-10-60012/000002

NAME OF OFFEROR OR CONTRACTOR

DALLAS, COUNTY OF

ITEM NO

IP,)

SUPPLIES/SERVICES

(8)

Period of Performance: 04/01/2010 to 03/3112011

Change Item 0005 to read as follows (amount shown

is the total amount) :

0005 Option Year Four - April 1, 2014 - March 31, 2015

Total AInount: $400,551. 00

(Option Line Item) Period of Performance: 04/01/2010 to 03/31/2011

NSN 7540·0H52·S{)67

QUANTITY UNIT UNIT PRICE

(e) (D) (E)

AMOUNT

(F)

OPTIONAL FORM 336 {4·86)

Sp{)<1sorerl by GSA FAR (,;8 CFR) 53 .11 0

3

0.00

52

COURT ORDER

ORDER NO.

DATE: _______ _

STATE OF TEXAS

COUNTY OF DALLAS

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

on the 29th day of March ,2011, on the moti,on made by _______________ ~

and seconded by, _______ -'-____________ , the following Order was adopted:

WHEREAS, on March 29,2011 the Dallas County Commissioners Court was briefed regarding the Social Security Administration's Cooperative Disability fuvestigations (CD!) Program contract amendment to add an administrative support services clerk April 1,201 I thru March 31, 2012.

WHEREAS, the Cooperative Disability Investigations (CD!) is a specialized unit, designed to provide for the successful prosecution of Social Security Disability fraud; and

WHEREAS, all costs related to the administrative support services clerk assigned to the unit shall be paid by the Social Security Administration monthly

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the contract amendment to add an administrative support services clerk to the contract and authorizes the County Judge to sign all related documents.

DONE IN OPEN COURT this the 29th day of_-fMt'far~chL-_____ , 2011.

Clay Lewis Jenkins Dallas County Judge

Maurine Dickey Commissioner, District No. 1

Mike Cantrell Commissioner, District No.2

John Wiley Price Commissioner, District No.3

Dr. Elba Garcia Commissioner, District No.4

Recommended b@hJ:(), ~ Darryl D. Thomas Chief Financial Officer

53

DALLAS COUNTY r;O~~Hr':~i:~',c; "O(IR'r

"'.' G., .,

DALLAS COUNTY II MAH 23 P DISTRICT COURT ADMINISTRATION H 2: 26

March 29,2011

/'-'/J II q. I~V ,

BRIEFING MEMORANDUM

TO: Honorable Commissioners Court

FROM: Duane Allen Gallup ADR Coordinator

SUBJECT: Dispute Resolution System Board (DRS Board) Briefing on Dispute Mediation Services Contract

BACKGROUND

The Commissioners Court appointed the Dispute Resolution System Board (DRS Board) in January 2010 to oversee and study Dallas County ADR programs and to make recommendations to improve these programs, including but not limited to the Dispute Mediation Services (DMS) contract

The primary purpose of the DMS contract is to provide low to no cost mediation services by subsidizing the reasonable cost of such services, to qualifying residents who by reason of economic or other circumstances cannot or do not wish to resolve their disputes by hiring attorneys and engaging in civil litigation through the civil justice system.

Primary changes in the initial FY20 II Contract were:

1. Dallas County ADR Funds are to be used only for Dallas County residents and litigants as specified in The Texas Civil Practice and Remedies Code Chapter 152.

2. Criteria for the acceptance of county subsidized cases are being tightened to comply as closely as possible with the provisions of Chapter 152.

3. County funded or subsidized mediation sessions will be conducted between the parties only without their attorneys being physically present in the room, similar to what is in common practice in other forums of county subsidized mediations.

4. Additional activities such as training, out -of-county mediations, mediations outside the scope of the contract criteria, and other activities not specified in Chapter 152, can be administered by the vendor provided that the vendor segregates the accounting of Dallas County funding and shows such segregation to the satisfaction ofthe County Auditor.

1

54

It was the opinion of the DRS Board that the above contract revisions wonld provide an ADR system that is fair to the citizens of Dallas County, the ADR community, and the legal community, while serving those that legitimately needed discounted or free mediation services.

After reviewing the Dallas County Dispute Resolution System and the performance ofthe county vendor, the DRS Board raises the following concerns which merit continued review and further analysis for the benefit of the Dallas County Commissioners consideration in planning for the delivery of such services in the future.

OBSERVATIONS

1. DMS is no longer the low cost provider for mediation services. The cost for mediations provided by DMS continues to rise and is now approximately $1000 per mediation, consisting of an administrative fee of $200 paid by the parties, plus an average payment of $800 under the county contract.

a. DMS charges of $1000 per mediation under the county contract exceed typical fees charged by private mediators in Dallas County.

b. DMS charges $650 more for a mediation under the county contract than it charges its other customers, including cases from contiguous counties. For mediations that do not meet the county contract criteria, DMS charges only an administrative fee of $350 paid by the parties. No other fees are charged.

2 .. In reviewing the Monthly Reports provided to the County ADR Administrator, the DRS Board notes that the DMS pricing structure appears to be inadequate to cover the actual DMS cost of providing services outside the contract criteria. This results in the use of county funds for non-county purposes.

a. Over 70% of total DMS revenues come from cases within the county contract, while only 50% of the DMS caseload qualifies under the contract criteria. The equation is worse after training program revenues are accounted.

b. Private mediators express concern over the effect of unfair price competition. DMS has been able to advertise the predatory market price of $350 for cases outside the county contract criteria, primarily because DMS receives approximately $1000 for cases within the county contract criteria.

c. Mediators who intend to volunteer for cases within the county criteria are frequently used by DMS without notice or clarification for mediations that fall outside the criteria and are conducted on a for-profit basis.

d. These practices compromise the perceived quality and experience of private mediators, and artificially drive down the cost (value) of mediation services in the marketplace by establishing below market rates.

2

55

3. Efforts to have DMS segregate the accounting of income and expenses between cases that fit within the contract criteria from cases that fall outside the criteria are incomplete and critical documentation continues to be incomplete or non-existent.

a. While revenues are distinguished in the DMS tracking system, only some of the expenses are segregated by allocations, and these allocations do not appear to be fairly representative of actual costs.

b. Although DMS efforts to improve accounting processes continue, they appear to lack priority.

c. Approximately 60% of the DMS budget consists of wages, despite the fact that all mediators are unpaid volunteers.

d. Approximately 16% of the DMS budget consists of office facility lease expenses.

4. The DRS Board considers that the point of service is critical to increased usage and lower cost of delivery of county mediation services. The criteria established by the county contemplate that the primary consumer of the county provided services will be low income users who are not otherwise capable of affording litigation or mediation services.

a. The DMS strategy for delivering mediation services at its sole Central Expressway location does not provide ready access to the majority of constituents in Dallas County because it is not easily accessible through the DART transit system.

a. Personal transpoliation barriers (such as not having access to a car and the lack of convenient DART access) realistically hinder or prevent low income users from having meaningful access to county mediation services.

b. Decentralization of the point of service to mUltiple locations throughout the county, such as could be provided by use of lP Court or other existing county facilities, would increase accessibility for all users and lower costs to the county.

5. There is little to no marketing or other public promotion of the availability of county supported mediation services through DMS for county residents.

c. The DMS website fails to disclose it is the recipient of county funds or to otherwise mention that it is the provider for low income users in Dallas County.

d. There is no posting of the contract criteria established by the county for users to qualify for such services.

e. This failure continues despite assurances to the DRS Board during the last contract review in September 20 I O.

3

56

6. The current strategic planning of DMS eliminates virtually all provIsIOn of services through various community outreach programs.

7. Although the September 2010 contract eliminated county funding for training of future mediators, DMS continues to allocate significant resources to its training programs for the purpose of generating revenue.

f. DMS uses this revenue to further other activities that do not directly benefit the county and are in direct competition with existing programs at accredited educational institutions.

g. Volunteers trained by competing educational programs who are otherwise qualified to mediate are not permitted to volunteer at DMS unless they pay $800 to attend the DMS training program.

h. The DRS Board is concerned that the forecasted need for additional mediators in the marketplace is misplaced, that the tuition charged by DMS for such training will not be recouped by its trainees, and that such practices reduce the quality and depth of the DMS volunteer panel.

8. The number of mediations meeting the eligibility criteria for county funded mediations continues to decline. Although there is evidence to suggest that overall demand for mediations is declining proportionately with the number of lawsuits filed in Dallas County, there may be other contributing factors within the control ofDMS:

1. Reduced community outreach and awareness marketing to Dallas residents J. Communication and responsiveness with Dallas County Family Courts k. Opportunities to develop caseload referrals from JP Courts I. Significant turnover and less experienced DMS staff and leadership m. Increased focus on generating cases outside the Dallas Contract n. Decreased demand attributable to mediator quality and lower success ratios

RECOMMENDA nONS

The DRS Board is recommending an extension of the Dispute Resolution Center (DRC) contract with the vendor DMS for the final six months of FY20 II, April I, 20 II through September 30, 2011, to allow the vendor until the end of the contract period to meet the criteria and correct the deficiencies set forth above. The DRS Board will continue to monitor performance ofthe vendor during such time and will report back to the court with further findings and recommendations.

The DRS Board plans to assess other alternatives for the county to provide mediation services etIectively at a low cost and without creating unfair competition, such as through a competitive bidding process, or expansion of Dallas County administration to bring in house the management and delivery of the services, such as those in place in other Texas counties.

4

57

This recommendation is consistent with Dallas County's Strategic Plan by helping make Dallas County a destination of choice for residents and businesses alike.

OPERATIONAL IMPACT

Proposed funding is sufficient to maintain the availability of mediation services to all those who qualify. It is apparent that DMS needs to reach out to the Community and to Family and JP Courts to attract more disputes in which the cost of mediation or litigation is an obstacle. It is imperative that DMS eliminate the use of county funds in cases which fall outside the scope specified in The Texas Civil Practice and Remedies Code Chapter 152.

FINANCIAL IMPACT/CONSIDERATIONS

Dallas County reduced the 2011 DMS Contract amount by 10% (as compared to FY20IO) and the funds are better allocated for those that are truly in-need of County funded mediation. Upon completing the reconciliation of the DMS accounting to segregate expenses attributable to criteria versus non-criteria cases and training costs, there also may be a "truing-up" of the amount due under the contract, which could result in further savings to the county during the contract renewal term for the second half of 20 I I.

ADR Coordinator District Court Administration

5

DALLAS COUNTY PUBLIC WORKS

58

II MAR 23 AM 9: S6

March 18,2011

MEMORANDUM

TO:

FROM:

SUBJECT:

Commissioners Court /

Selas Camarillo, Assistant Director - Property Divi~'

Resale of Tax Foreclosed Properties Request for Bid No, 2011-038-5432

BACKGROUND

Commissioners Court Order No. 2011-252, dated February 1, 2011, authorized the Purchasing Department to solicit bids for tbe resale of thirteen tax-foreclosure properties. Sealed bids to sell the tax foreclosure properties advertised in Request for Bid No. 2011-038-5432 were received by the Purchasing Department March 3, 2011. Bids were received on eight of the thirteen properties as a result of the advertisement, as follows:

Property Address DCAD Account #

IMPROVED PROPERTIES

430 N, Main, Hutchins 30009500050430000

405 Lee Lane, Hutchins 65049981110400000

UNIMPROVED PROPERTIES

407 Lec Lane, Hutchins 65049981110460000

40 I Chapman St., Hutchins 300015000000200000

5246 Arrowdell Rd" Balch Springs 60156500060050000

3 709 Wood Oak Dr., Balch Springs 12011500020130100

641 East 3rd St., Lancaster 36000500640020000

651 East 3rd St., Lancaster 36000500640010000

2797 Chiesa Rd., Rowlett 65095712010710000

2345 Fuqua Rd" Rowlett 44008400010000100

411 Elm Street, 4th Floor

2010 Minimum Bid(s) Bidder's Name DCAD Value Bid Amount Received

No Bid

Consolidated Casting Corp.

$51,060

$280,010

Lee Schmitt $87,210 Consolidated Casting Corp.

Lee J. Schmitt

No Bid

Lee J. Schmitt

NoBid

No Bid

NoBid

Strong Tower Church c/o Leonard Peoples

Dallas, Texas 75202

$6,000

$9,200

S15,000

S17,530

S12,930

S15,490

$78,430

$38,300 (1) No Bid

$125,000 (1) $130,000

$13,000 (1) S19,500 $16,000

$3,000 (1) $5,125

$1,000 (3) No Bid

$1,000 (1) $2,100

$8,600 (2) No Bid

$6,300 (2) No Bid

$3,900 (2) No Bid

$19,600 (1) $30,000

(214) 653-7151

Commissioners Court Page 2 March 18, 2011

59

UNIMPROVED PROPERTIES Continued:

Property Address DCAD Account # Bidder's Name

10 10 Bowers Rd., Seagoville Lee J. Schmitt 50032500040020000 Nicholas Belitere

16 Seago Dr., Seagoville Nicholas Belitere 50032500030160000 Lee Schmitt

17 Seago Dr., Seagoville Nicholas Belitere 50032500030170000 Lee Schmitt

2010 DCAD Minimum Bid(s) Value Bid Amount Received

$11,250 $1,000 (3) $1,650 $1,320

$9,380 $1,900 (2) $2,320 $2,200

$9,380 $1,900 (2) $2,220 $2,200

(1), (2) & (3) Denotes number of times property has been offered for sale via a sealed bid. (These offerings are subsequent to the Sheriff' s Sale).

STRATEGIC PLAN COMPLIANCE

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

LEGAL INFORMATION

This sale is in compliance with Chapter 34, §34.05(a) and (i) of the Property Tax Code and the Dallas County Tax Foreclosure Resale Policy (Court Order 2004-630, amended 2011-141). Pursuant to §34.05(i) of the Tax Code, the Dallas I.S.D. and the Cities of Balch Springs, Hutchins, Rowlett and Seagoville have consented to the sale of the properties. The Garland LS.D. will present this matter to its board on April 26, 2011. All sales are subject to and conditioned upon approval of the Dallas County Commissioners Court.

Dallas County will execute a Quitclaim Deed, which will contain acknowledgments that the properties are being conveyed subject to post judgment taxes, penalties and interest, and to the previous owners right of redemption, if any, and that the properties are being purchased "AS IS, WHERE IS" and "WITH ALL FAULTS".

IMPACT ON OPERATIONS

If the high bids submitted by the prospective purchasers are not accepted, the properties will require continued maintenance and management efforts by both the county and city staff. One property has a structure and could pose a fire and safety liability for the City of Hutchins; Dallas County and Dallas LS.D.

FINANCIAL IMPACT

The proceeds from the resale will be distributed in accordance with the Tax Code, §34.06, Distribution of Proceeds of Resale. The purchasing taxing illIit shall first retain an amount from the proceeds to reimburse the purchasing taxing unit for reasonable costs, as defined by §34.21, incurred by the unit for: (I) maintaining, preserving, and safekeeping the property, (2) marketing the property for resale, and (3) costs described in §34.06 (t). After retaining the amount authorized above, the unit shall then pay all costs of the suit and the sale of the property in the manner and in the same order of priority as provided by §34.02(b)(l)-(5) oflhe Tax Code. After making the later distribution, any remaining balance of the proceeds shall be paid to each taxing unit participating in the sale in an amount equal to the proportion each participant's taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

Below is a summary of the expected financial impact of the submitted bids including eligible costs recoverable under §34.06 of the Tax Code. The law firm of LGB&S will review and confirm the distribution amounts and prepare a Resale Worksheet for use by the Dallas County Tax Office in disbursing the proceeds from the resale.

Commissioners Court Page 3 March 18, 20ll

Taxing Entities (Years Included in Judgment)

Pro rata Taxes Due in %of Jud2ment(s) Judgment(s)

405 Lee Lane Hutchms TX Cause No 04-30833-TJ , , ,

County (1992-2005) $25,676.27 21.7383% City (1992-2005) $28,493.28 24.1232% D.I.S.D. (1995-2005) $63,945.92 54.1385%

$118,115,47 407 Lec Lane, Hutchms, TX, Cause No. 04-30833-TJ

County (1997-2005) $1,819.32 14.5813% City (1996-2005) $2,121.04 16.9994% D.I.SD. ('9?-'94,'96-'05) ~8,536.74 68.4193%

$12,477.10

401 Chapman St., Hutchins, TX,.Cause No. 07-30491 County ('95, '97, '99-'07) $3,596.53 20% City ('97, '99-'07) $3,344.56 18% D.LS.D. ('94-'07) ~11,456.75 62%

$18,397.84

60

Purchase Amount

$130,000.00

$19,500.00

$5,125.00

7 00 309W dOakD nve, ac ,pnngs, B I h S TX C , ause N .87-40083-TD 0

$2,100.00

. County(1981-1988) $ 987.89 23.5529% City (l981-1988) $1,652.72 39.4036%

D.tS.D. (1983-1988) $1,553.73 37.0435%

$4,194.34

Less Eligible Expenses Recoverable Under §34.06 Tax Code

($20,562.55)

($7,215.68)

($5,237.06)

($1,998.03)

E combmed WIth 90 40806-TL 2345 Fuqua Rd., Rowlett, TX, Cause No. 04-31725-T -$30,000.00 ($3,309.52)

County (1986-87,89-04) $8,482.30 18.60784% City (1986-87,89-04) $11,170.33 24.50463% G.LS.D (1986-87,89-04) ~25,931.93

$45,584.56(2) 56.88753%

1010 Bowers Rd., SeagovIlle, TX, Cause No. 98-31602-TL

Remaining BaJance to be Distributed to Taxes

(if Any)

$109,437.45

County: $23,789.85 City: $26,399.81 D.I.S.D.: $59,247.79

$12,284.32

County: $1,791.21 City: $2,088.26 D.I.S.D.: $8,404.85

($112.06)'"

$101.97

County: $24.02 City: $40.18 D.I.S.D.: $37.77

$26,690.48

County: $4,966.52 City $6,540.40 G.I.S.D. $15,183.56

County (1990-2001 $736.48 22% r.M~~-"~~~-'----~~~nn $1,650.00 ($2,461.64) ($811.64) <'J City (1990-2001) $1,373.42 41% D.I.SD. (1990-2001) $1,235.38 37%

$3,345.28 16 Seago Dr., Seagoville, TX, Cause No. 05-30920 County (1984-2005) $607.09 18% $2,320.00 ($2,870.15) ($550.15) \1,

City (1984-2005) $752.53 23% D.I.S.D. (1978-2005) $1.951.05 59%

$3,310.67 .J 17 Seago Dr., Seagoville, TX, Cause No. 05-30920 County (1984-2005) $607.09 19% City (1984-2005) $752.53 23% D.I.S.D. (1981-2005) $1,866.11 58%

$3,225.73

$2,220.00 ($2,870.16)

I ($650.16) l'J

(IJ Amount of Court Costs to be zeroed out by DIstrIct Clerk (2) Combined taxes due in judgments

Commissioners Court Page 4 March 18,2011

PERFORMANCE MEASURES IMPACT

61

Sale of these properties will assist the Property Division in meeting its 3,d quarter performance measures for FY 201 1.

PROJECT SCHEDULE

Court Order to Award Bids Balance Purchase Price Due

RECOMMENDATION

April 5, 2011 May 4,2011

The Department of Public Works has reviewed the bids submitted and recommends that the Commissioners Court, upon receipt of the balance of the purchase price: (1) award the bids received on the eight properties to the highest bidders, subject to consent from each of the taxing units party to the tax judgment, (2) authorize the sale of the said properties by quitclaim deed, subject to post judgment taxes, penalties and interest and to the previous owners right of redemption, if any, and (3) authorize the Tax Assessor Collector to receive the awarded bid amounts, 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 placed on the next regular agenda.

APPROVED BY:

cc: Gordon Hikel, Assistant District Attorney, Civil Division Corey Worsham, Property Tax Manager Sheila Fuqua Carter, Linebarger, Goggan, Blair & Sampson, LLP

?#l-; AEkar\SC MyDocumenls:/dlax:/Sale23/Brf2

62

O/,LLAS COUNTY "r'.'H~!~O!!' C!)(: "OlJR·T

DALLAS COUNTY !·"!M~fLZ3_P~"08 COMMISSIONERS COURT ADM/~'N'STRATION

March 29, 2011

TO;

FROM:

SUBJECT:

Background

Commissioners Court 13---Shannon S. Brown, Assistant Administrator ~ Proposed Policy To Consider Compliance with Air Quality Standards in Competitive Bids

In 2003, the Texas Legislature passed several bills that added and amended Section 271.907 to the Local Government Code to allow local governments in nonattainment areas to give up to a five percent (5%) price consideration in bids when a vendor demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. The full text of the statute is provided as Attachment A.

The purpose of this briefing is to recommend incorporating this consideration in Dallas County's purchasing process and outlining a timeline for implementation.

Legislative Intent The goal of the legislation was to give local govemments options to assist in improving the air quality and meeting established Environmental Protection Agency (EPA) standards. Local governments have various price preference options when considering the award of contracts, Examples include the provision of health insurance (a measure initiated by Dallas County) and local business preferences (currently limited to certain entities but legislation under consideration to expand option to Dallas County), The law allows Commissioners Court to consider the vendor'S compliance with air quality standards when evaluating bids within five percent (5%) of the lowest bidder.

Proposed Policy The legislation targets items and services purchased through the competitive bidding process. In Dallas County the limit for formal sealed bids is currently $25,000. It is anticipated that this preference will have the most impact on bids for road construction, The proposed policy to be included in the Dallas County Code is provided as Attachment B.

509 Main Street, Suite 623, Dallas Texas 75202-3340 (214) 653-7597. Fax (214) 653-7443. sbrown@dallascounty,org

63

Implementation Strategy Dallas County's bids typically consist of the following components: standard language (insurance requirements, termination, notice, invoicing, etc.), specifications, pricing schedule, general bidder information (payment terms, tax payer status, how notified of bid), MWBE information/forms. It is recommended that the following language be added to the standard language section:

"Dallas County may elect to give preference to vendors that demonstrate they the vendor meets or exceeds environmental standards relating to air quality as allowed by Texas Local Government Code 271.907. This bid packet contains alternate bidding information for vendors that desire to provide alternative pricing under the clean construction specifications."

To fully implement the proposed policy, Dallas County will need to include specifications that outline additional specifications for cement and equipment used on public projects and allow vendors to provide alternative bid pricing if these specifications are utilized.

Bid Evaluation Process When bids are received and reviewed, a bid tabulation sheet is prepared and each individual bid is evaluated for compliance with bid specifications and requirements. In addition, the user departments are notified of the bids and asked to identify any potential concerns with awarding the contract to the lowest bid price. Bids that are recommended to other than the apparent low bidder are briefed to Commissioners Court for award.

In order to evaluate a price preference for meeting air quality standards, the process will need to include the following additional steps.

1. Evaluate bids based on price information provided. 2. Note on bid tabulation if bidder has responded to alternate bid options. 3. Determine low bid with and without alternate options. 4. Determine percentage price difference from low bid. 5. If percentage price difference is less than 5%, verify vendor's compliance

with state and federal air quality standards and clean construction specifications.

6. Determine estimated impact of clean construction on air quality improvement (process to be determined).

7. Review evaluation process with any partner entities for jointly funded projects.

8. Prepare briefing for award to Commissioners Court.

Efforts of Other Agencies Several local cities have implemented the alternate bid method to consider green cement options (City of Dallas, City of Fort Worth, City of Arlington). The North

64

Central Texas Council of Governments (NCTCOG) has implemented a demonstration project to gather information on how using clean construction specifications impacts projects. Sample specifications were developed in conjunction with contractors. An important component of the preference will be putting the benefit to the local entity into a quantifiable return on investment. For example, for spending additional funds, what is the expected NOx reductions the entity expects to receive. COG has indicated a willingness to help in this evaluative and quantifying process.

Implementation Schedule With the approval of the proposed policy, staff will begin to make the changes necessary to the bid documents for implementation. It is anticipated that the first project that will utilize the new specifications will be solicited in the early summer of 2011 [need to confirm with Public Works].

Recommendation Dallas County can implement the provisions of Local Government Code §271.907 by approving the proposed language for the Dallas County Code as provided in Attachment B and adding language to all competitive bids alerting bidders to the intent of Commissioners Court to consider air quality standards in the award process. As a permissive policy, Commissioners Court will be briefed when the bid prices offering air quality improvement are within five percent (5%) of the low bid with the briefing providing the Court with a cost-benefit analysis to demonstrate the public benefit of the proposed clean construction process. Commissioners Court Administration, Public Works Department and the PurchaSing Department will work to incorporate bid alternate and clean construction specifications into future solicitations for Major Capital Improvement Plan (MCIP) projects with an anticipated implementation date in the summer of 2011.

65

Attachment A Full Text of Local Government Code §271.907

Sec. 271.907. VENDORS THAT MEET OR EXCEED AIR QUALITY

STANDARDS.

(a) In this section, "governmental agency" has the meaning assigned by

Section 271.003.

(b) This section applies only to a contract to be performed, wholly or

partly, in a nonattainment area or in an affected county, as those terms are

defined by Section 386.001, Health and Safety Code.

(c) A governmental agency procuring goods or services may:

(1) give preference to goods or services of a vendor that

demonstrates that the vendor meets or exceeds any state or federal

environmental standards, including voluntary standards, relating to air quality; or

(2) require that a vendor demonstrate that the vendor meets or

exceeds any state or federal environmental standards, including voluntary

standards, relating to air quality.

(d) The preference may be given only if the cost to the governmental

agency for the goods or services would not exceed 105 percent of the cost of the

goods or services provided by a vendor who does not meet the standards.

Added by Acts 2003, 78th Leg., ch. 1331, Sec. 20, eff. June 20, 2003. Amended

by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 14.02, eff. Jan. 11,2004; Acts

2003, 78th Leg., 3rd C.S., ch. 11, Sec. 2, eff. Oct20, 2003.

66

Attachment B

Proposed Policy Language for Dallas County Code

Sec. 94-126 - Procedure for evaluating vendor compliance with air quality standards in award of competitive bids.

(a) As authorized by Local Government Code § 271.907, the county may give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds environmental standards relating to air quality when evaluating bids as described in this section.

(b) All formal solicitations will incorporate notice of the intention to consider whether the responding vendors meet or exceed environmental standards relating to air quality in the evaluation process. In addition, all pre-bid conferences will highlight this intention.

(c) The purchasing department will perform the following steps in evaluating bids under this section:

(1) Evaluate bids based on price information submitted.

(2) Determine if any vendors have responded that they meet or exceed state or federal air quality standards and provided alternative pricing for this option. If subcontractors are to be utilized, determine if vendors have responded that all subcontractors also meet or exceed the standards.

(3) Determine low bid.

(4) Determine percentage price difference between bids.

(5) If percentage price difference is less than five percent, consider vendor's compliance with established standards.

(6) If vendor is complying with standards, brief award to commissioners court as required by section 94-155.

67 DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

March 15, 2011

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Ry0rown, Budget Officer

Office of Budget and Evaluation Staff

Conference/TraveliTraining Requests

--~ ::0 I'> W

"""0 ::.: C:J I'> C)

The following departments have requested approval for Conference/Travel/Training. 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 - notifies Commissioner Court of Judge Brenda Hull Thompson's attendance at the National College of Probate Judge Conference in New Orleans, Louisiana from May 11 -14, 2011. The total estimated cost to attend is $1,840 ($400 - airfare; $540 - hotel; $250 - meals; $350 - registration fees; and $50 - baggage fees). Funding is available in the Probate Escrow Funds 532.21667.

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

Justice of the Peace Precinct 1-1 (Joues) - Judge Jones requests approval for reimbursement of travel in the amount of $582. Judge Jones attended continuing education courses from February 20 - 23,2011 in Austin, Texas. The department does not have DDA. Funding is required from Unallocated Reserves.

Justice of the Peace Precinct 1-1 (Rideaux) - Judge Rideaux requests approval for reimbursement of travel in the amount of $290.79. Judge Rideaux attended continuing education courses from January 9 - 14, 2011 in Austin, Texas, The department does not have DDA. Funding is required from Unallocated Reserves.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363. Fax (214) 653-6517 • r]watkins@)c1allascounty.org

:-;, ,--=:;; .;: c:::J ':' » ,:Z~ ..:,;>,

,:: U)

" C) 'j a

/)C:

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134th District Court (Tillery) - requests approv~~' Francine Ly, Court Coordinator, to attend a Professional Development Conference in Austin, Texas from June 13 -17,2011. The total estimated cost to attend is $834.30 ($194.30 - mileage reimbursement; $340 - hotel; $400 -meals; and $160 - conference fees). Funding is available in the department's DDA.

District Clerk - requests approval for Gary Fitzsimmons to attend the Board Meeting of the County and District Clerks Association of Texas in Round Rock, Texas on April 27, 2011. The total actual cost to attend is $215.46 ($195.46 - mileage reimbursement; and $20 - food). Funding is available in the District Clerk's Records Management Fund.

County Clel'k - requests the following:

a) John Warren to attend the 2010 NACO Annual Conference and Exposition in Portland, Oregon from July 16-20, 2011. The total estimated cost to attend is $2,264.90 ($539.40-mileage reimbursement; $760.50 - hotel; $250 - food; $465 - registration; and $100 ground transportation). Funding is available in the County Clerks Escrow Records Management Fund.

b) Tia Finney-Davenport to attend the Texas Center for the Judiciary - Professional Development Program in Austin, Texas from June 13 -17, 2011. The total estimated cost to attend is $819.92 ($199.92 - mileage reimbursement; $300 - hotel; $180 -- food; $160 registration; and parking for $16). Funding is available in the County Clerks Escrow Records Management Fund.

Sheriff's Office- requests approval for the following:

a) James Yarbough to attend the HK Armorer School MP - 5 in Daly City, California from April 3 - 7, 2011. There is no cost to Dallas County for staff to attend.

b) Lupe Valdez and Marlin Suell to attend the Jail Management and Operation for Sheriffs and Chief Deputies in Huntsville, Texas on April 4 - 8, 2011. The staff will use a County vehicle with gas credit cards. The estimated cost to attend is $80. Any funding associated with this trip is available in 532.3151.91046.

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

Health and Human Services - requests approval for the following:

a) Aurelio Rodriguez and Felton Stevens, Jr. to attend the Texas HIV Community Planning Group Meeting in Austin, Texas from April 13 -15, 2011. There is no cost to Dallas County for staff to participate. Funding is available in Ryan White grant #65502 for any incidental costs associated with performing this activity.

b) Anita Friedman to attend the 2011 Integrated Medical, Public Health, Preparedness and Response Training in Grapevine, Texas from May 3 - 5,2011. The total estimated cost for attending is $304.67 ($59.67 - mileage reimbursement; $200·- registration fees; and $45 parking). Funding is available in the PHP grant #8723 for any incidental costs associated with performing this activity.

69 Institute of Forensics - requests approval for Laura Fleming and April Stowe to attend the Scientific Working Group for Firearms and Toolmarks (SWGGUN) Admissiability/Daubert Training in Austin, Texas from April 20 ~"21, 2011. There is no cost to Dallas County for staff to participate"

70

DALLAS COUNTY OALLX),SOc~t4nU\n ,",n'!t-/;,t"~, \ c: "-.!" ." ',,-

OFFICE OF BUDGET AND EV ALlJATION h\ \: 53 11l'\~R 23 Pi

March 29, 2011

TO: Commissioners Court

FROM: @ .

Ryan Brown, Budget OffIcer

SUBJECT: Hiring Freeze

The Dallas County Commissioners Court authorized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 201 1. Under the "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time). Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notifY Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill ihe position.

For March 29, 2011 three (3) Elected Officials and two (2) Department heads desired to have their requests related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.

Elected Officials notifying Commissioners Court of their intent to fill a position before the expiration of the "rolling 90 day hiring freeze".

District Attorney - The District Attorney's Office desires to notify Commissioners Court of their intent to fill an Attorney III, position #4499 working in the Appellate Division due to the resignation of the incumbent before the expiration of the "rolling 90 day hiring freeze". Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $20,558 in savings opportunity.

County Clerk - The County Clerk's Office desires to notifY Commissioners Court of their intent to fill two (2) Clerk III, grade 7 position numbers 603 and 616 working in the Probate Section before the expiration of the "rolling 90 day hiring freeze". Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $17,821 in savings opportunity.

District Clerk - The District Clerk's Office desires to notifY Commissioners Court oftheir intent to fill a Clerk III, grade 7 position #7196 working with the SAFPF Court and a Clerk IV, grade 8 position #3548 working as the lead clerk in Criminal District Court #2 before the expiration of the "rolling 90 day hiring freeze". Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $18,528 in savings opportunity.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6384 • Fax (214) 653-6517. rwbrown@<:lallascounJy.org

7 1

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

Information Technology Department - The Information Technology Department requests Commissioners Court approval to hire a Project Analyst, grade GM, position #7068 prior to the expiration of the "rolling 90 day hiring freeze". In order to ensure information technology equipment is purchased and processed timely the Project Analyst needs to be filled prior to the expiration of the "rolling 90 day hiring freeze. Filling this position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $16,161 in savings opportunity.

Operation Services - Records Management Division - The Records Management Division requests Commissioners Court approval to hire a Records Center Supervisor, grade A, position #4291 prior to the expiration of the "rolling 90 day hiring freeze". In order to ensure proper supervision of the Records Center staff and filing and retrieval of records timely the Records Center Supervisor needs to be filled prior to the expiration of the "rolling 90 day hiring freeze. Filling this position will not have a General Fund impact as the position is funded out of Commissioners Court controlled Records Escrow.

72 DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

March 23, 2011

TO:

THROUGH:

Commissioners Court

Rya~OWn, Budget Officer

FROM: Ronica L. Watkins, Senior Budget and Policy Analyst

SUBJECT: District Attorney's Office Family Violence Victim Caseworker

BACKGROUND

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The Crime Victim Services Division (CVSD) of the Office of the Attorney General (OAG) has announced the availability of funds under the Other Victim Assistance Grant (OV AG) Program. The purpose of the OAG-OVAG program is to provide funds to programs that address the unruet needs of victims by maintaining or increasing their access to quality services. The direct victim services purpose area looks for the following services, among others, to be addressed: counseling, crisis intervention, assistance with Crime Victim's Compensation, legal assistance, victim advocacy, and information and referral.

The OAG-OV AG applications are due to the Office of the Attorney General, Crime Victim Services Division by April 1, 2011. Dallas County is submitting one application for FY2012 OAG OVAG funding.

I Department Title Funding Source Match l I

l~istrict Attorney , I

Family Violence Victim OAGOVAG $9,484.00 Caseworker

The District Attorney's Office received funding in 2007 from this funding source. This is a two-year renewal grant application. The purpose of this briefing is to describe activities funded by this new grant application and to advise Commissioners Court of the submission of the grant application to the Office of the Attorney General, Crime Victim Services Division.

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

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OPERATIONAL IMPACT

Family Violence Sexual Assault Victim Caseworker This grant application seeks funding for salary and benefits for a Family Violence (FV) Victim Caseworker. The FV Victim Caseworker will make contact with victims who have a family violence and sexual assault case filed with the DA's Office; meet with and interview those FV victims who request to sign an affidavit of non-prosecution; provide information about the criminal justice process; provided crisis intervention, safety-planning, resources and referrals; assistance with Crime Victim Compensation applications; and other legal advocacy.

I)ERFORMANCE MEASURES As part of the OAG-OV AG project guidelines grants have to demonstrate anticipated outcomes and outputs of the project. The grant application for this program provides current and previous years' data based on the performance ofFV Victim Caseworkers funded by other grant sources, including a history of providing services in a cost-effective manner. The District Attorney's Office has included baseline data or data for the current level of activity and the target level of activity anticipated for the project. The Office of Budget and Evaluation will incorporate the Performance Measures outlined in the grant application into the Dallas County Volume III Management Report.

FINANCIAL IMPACT The grant seeks funding for one Family Violence Victim Caseworker ($51,484). The OAG-OVAG has no limit to the number of years a program may be funded. The grant has a maximum funding level of $42,000 and requires no cash match, but the District Attorney's Office requests a County match of $9,484.

RECOMMENDATION The Office of Budget and Evaluation recommends that the Commissioners Court approve submission of the new grant application to the Crime Victim Services Division of,the Office of the Attorney General and authorize the County Judge to sign all related documents.

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March 29, 2011

MISCELLANEOUS

1) GOVERNMENT AFFAIRS - requests approval to file a Certificate of Continuing Education issued by the County Judges and Commissioners Association of Texas to Commissioner John Wiley Price.

(Please Refer to Information Item No.3)

2) COMMISSIONERS COURT ADMINISTRATION - requests approval to authorize the County's IDIQ architect, V AI Architecture, for engineering services related to the design of temporary shoring at Frank Crowley Courts Building Garage D. Shoring is necessary as the firm investigates and develops repairs to address known and yet-to-be identified distressed conditions in the garage. The estimated not-to-exceed cost is $3,750 based on contracted rates. Funding is available from the Major Capital Development Fnnd.

3) ELECTIONS - requests approval:

a) for the use of Facilities space and parking for the dates and times listed below:

Function Election Day

Date 05-14-11

Time 6:00 a.m. - until 8:00 p.m.

Location Oak Cliff. Sub Court and George Allen Courthouse

b) for security assistance for the dates and times listed below:

Function Early Day

Date 05-14-11

Time 6:00 a.m. - 8:00 p.m.

Location Oak Cliff Sub Courthouse and George ABen Courthouse. Request to only open and close the bldgs.

4) JUVENILE - requests approval to pay a Home Depot invoice for $279. A replacement drill was purchased to address the Youth Village being cited during an inspection for not having soap dispensers and toilet tissue holders mounted on the wall. To comply with the noted problems, the Youth Village's maintenance technician started mounting the dispensers and holders. The drill broke during the installation. The facility was pending a compliance inspection. Due to the quick turnaround required to get the work completed a new drill was purchased from Home Depot to complete the installation of the dispensers and holders. There was not sufficient time to get the drill purchased through purchasing. Purchasing has been notified and determined under the circumstances in which this item was procured due to inspection/compliance that this is a valid request. Funding IS

available within bUdget. Recommended by the Office of Budget and Evaluation.

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5) DISTRICT CLERK - requests approval to purchase licenses for the 283 rd Court On Base Workflow Project. A total of eight (8) licenses are requested; three Workflow Named User Client at the cost of $3,430.54 including maintenance; and five (5) Workflow Concurrent Client at the cost of $9,148.10 including maintenance. The total cost is $12,578.64. Funds are available in the District Court Records Technology Fund (532.4020.21310.94083) 1S the funding source. Recommended by the Office of Budget and Evaluation.

6) FACILITIES MANAGEMENT - requests approval to replace the energy recovery coil for the existing Haakon Pcntpak (air handler Unit) at New S. W. Forensic Science at a cost of $28,000. Funding is available in Permanent Improvement Fund 126.5590.1070.70101.

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Connnissioners Court Authorization.

(1) DEPARTMENT:

ITEMS:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(2) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

03!291l1

Health & Human Service - (HSGP) Urban Area Security Initiative 6 - Home survival Kit 6 - Backpack Survival Kit $1,230 Within Budget 466.0000.02090.2010 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l) The Health & Human Services Department is requesting authorization to purchase the above listed items for the (HSGP) Urban Area Security Initiative Grant #4107, which was court, ordered on December 14, 2010, and assigned court order number 2010 - 2056. Recommended by the Office of Budget and Evaluation.

Health & Human Service - STD ! HIY 20 - Mapseo Books Dallas Co. $1,000 Within Budget 466.0000.02160.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l)

PROPOSED ACTION:

(3) DEPARTMENT: ITEMS:

ESTIMA TED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(4) DEPARTMENT:

ITEMS:


PROPOSED ACTION:

(5) DEPARTMENT:

ITEM:

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The Health & Human Services Department is requesting authorization to purchase the above listed items for the STD / HIV Grant #8706, which was court, ordered on December 14, 2010, and assigned court order number 2010 ~ 2063. Recommended by the Office of Budget and Evaluation.

Health & Human Service ~ STD / HIV 2 ~ Mapsco Books Parker / Hood / Wise Co. 2 ~ Mapsco Books Kaufman / Hunt Co. 2 ~ Mapsco Books Ellis / Johnson / Hill Co. 2 ~ Mapsco Books Denton / Cooke Co. 2 ~ Mapsco Books Collin / Grayson Co. $400 Within Budget 466.0000.02160.20 II Grant Fund, Health & Human Services, Property less than $5,000, FY201!) The Health & Human Services Department is requesting authorization to purchase the above listed items for the STD / HIV Grant #8740, which was court, ordered on December 14, 2010, and assigned court order number 20 10 ~ 2063. Recommended by the Office of Budget and Evaluation.

Health & Human Service ~ (NACCHO) Medical Reserve Corps MR 1 ~ Home Survival Kit 2 ~ Backpack Survival Kit $300 Within Budget 466.0000.02090.2010 (Grant Fund, Health & Human Services, Property less than $5,000, FY201!) The Health & Human Services Department is requesting authorization to purchase the above listed items for the (NACCHO) Medical reserve Corps MR Grant #8902, which was court, ordered on March 9,2010, and assigned court order number 2010 0427. Recommended by the Office of Budget and Evaluation.

Health & Human Service ~ (NACCHO) Medical Reserve Corps MR 2 ~ ACME Crank Radio / Flashlight


PROPOSED ACTION:

(6) DEPARTMENT:

ITEMS:


PROPOSED ACTION:

(7) DEPARTMENT:

ITEM:


PROPOSED ACTION:

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$150 Within Budget 466.0000.02160.2010 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l) The Health & Human Services Department is requesting authorization to purchase the above listed items for the (NACCHO) Medical Reserve Corps MR Grant #8902, which was court, ordered on March 9, 2010, and assigned court order number 2010 0427. Recommended by the Office of Budget and Evaluation.

Health & Human Service - T ACAA - Oncor energy 1 - Folding Table 8' x 24' 10 - Folding table 60' x 10' $2,016 Within Budget 466.0000.02690.2008 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l) The Health & Human Services Department is requesting authorization to purchase the above listed items for the T ACAA Oncor Energy Grant #8502, which was court, ordered on November 30, 2010, and assigned court order number 2010 - 1965. Recommended by the Office of Budget and Evaluation.

Health & Human Service - Older Adult Services Program I - 60 Month Copier Lease Model: Konica Minolta BizHub 751 $24,000 Within Budget 466.0000.07020.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201!) The Health & Human Services Department is requesting authorization to purchase the above listed items for the Older Adult Services Program Grant #8400, which was court, ordered on February 1, 20 II, and assigned court order number 20 II 244. Recommended by the Office of Budget and Evaluation.

(8) DEPARTMENT:

ITEMS:

ESTIMA TED COST: FUNDING, SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

(9) DEPARTMENT:

ITEMS:


PROPOSED ACTION:

(10) DEPARTMENT:

ITEMS:

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District Attorney's Office - Internet Crimes Against Children 1 - Body Armor 1 - Canon 24 Gun Safe with Fire Protection Commercial Grade E Lock built in power outlet 1 - Shipping for Safe $1,466 Within Budget 466,0000,02090,2010 (Grant Fund, District Attorney Office, Property less than $5,000, FY2010) The District Attorney's Office is requesting authorization to purchase the above listed items for the Internet Crimes Against Children Grant #6401 which was court ordered on March 10, 2009 and assigned court order number 2009 - 0464, The purpose is for secure storage of child pornography for pending and disposed cases, Recommended by the Office of Budget and Evaluation,

District Attorney's Office - Apprehension & Prosecution of DV and Sexual Assault Offenders 2 - Bizhub 751 Copier / Printer / Scanner 2 - Annual Service & Supply Contact for Bizhub 751 $17,968 Within Budget 466.0000.08418.2010 (Grant Fund, District Attorney Office, Property less than $5,000, FY2010) The District Attorney's Office is requesting authorization to purchase the above listed items for the Apprehension & Prosecution of DV and Sexual assault Offenders Grant #6019 which was court ordered on September 7, 2010 and assigned court order number 2010-1480. Recommended by the Office of Budget and Evaluation.

District Attorney's Office - Apprehension & Prosecution of DV and Sexual Assault Offenders I - Scanner 5 - Digital Camera


PROPOSED ACTION:

(11) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:



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5 - Presentation Remote 5 - Compact Wire-Basket Cart 3 - Digital Recorder 1 - Shredder $9,550 Within Budget 466.0000.02090.20 1 0 (Grant Fund, District Attorney Office, Property less than $5,000, FY2010) The District Attorney's Office is requesting authorization to purchase the above listed items for the Apprehension & Prosecution of DVand Sexual assault Offenders Grant #6019 which was court ordered on September 7, 2010 and assigned court order number 2010-1480. These items will be used to print high quality photographic evidence and trial exhibits to be used at Grand Jury an in trial. Also, the investigators in family Violence will use the items as they analyze and investigate crime scenes and to document injuries of applicants. Recommended by the Office of Budget and Evaluation.

Tax Assessor/Collector I - Desk (dark cherry) $0 Surplus Surplus The Dallas County Tax Assessor/Collector requests permission to transfer one desk with a return from surplus inventory to the administrative offices in the Records Building. Recommended by the Office of Budget and Evaluation.

Facilities Management 2 - 12k BTU Portable Air Conditioner ($430 each) 2 - Classic Plus 14 / 115V / 1 ($2,570 each) 2 - 12" Flanges ($39 each) 2 -12" Ceiling Kit ($101 each) 1 - Delivery Charge ($10 I) $6,381 Within Budget 120.1022.2670 (General Fund, Facilities Management, Maintenance)

PROPOSED ACTION:


PROPOSED ACTION:


ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:



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Facilities Management is requesting approval to purchase the above listed item(s) at a total cost of $6,381. The two (2) air conditioners are needed for use when main air conditioning units have malfunctioned. The two (2) classic pluses, the two (2) flanges, the two (2) ceiling kits and the delivery charge are needed replacements to the portable air conditioning unit inventory for all Dallas County facilities. Recommended by the Office of Budget and Evaluation.

Facilities Management 1 - Motor ($600) $600 Within Budget 120.1028.2670 (General Fund, Facility Ouality Assurance Team, Maintenance) Facilities Management is requesting approval to purchase the above listed item( s) at a total cost of $600. The motor is needed as a replacement for a defective motor in a power washer. Recommended by the Office of Budget and Evaluation.

Facility Qnality Assurance Team 2 - Desk Chairs 1 - File Cabinet $0 SUl-plns Surplus Facility Quality Assurance Team is requesting approval to transfer the above listed item( s) from sm-plus inventory to Quality Assurance inventory. Recommended by the Office of Budget and Evaluation.

Office ofInformation Teclmology 2 - Standard Mono Desktop Laser Printer 4 - Standard Color Desktop Inkjet Printer 1 - Standard Mono Network Laser Printer $2,600 Within Budget 195.2093.92055 (Major Technology Fund. Computer Hardware Less Than $5,000, Hardware Refresh)

PROPOSED ACTION:


PROPOSED ACTION:


PROPOSED ACTION:

(18) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE:

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Office of Information Technology is requesting approval to purchase the above listed item(s) at a total cost of $2,600. These printers are being purchased as replacement inventory to be used to minimize the impact to the user community when an existing printer fails and cmmot be repaired. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 10 - 2GB Memory Upgrade $750 Within Budget 195.2093.92055 (Major Technology Fund, Computer Hardware Less Than $5,000, Hardware Refresh) Office of Information Technology is requesting approval to purchase the above listed item(s) at a total cost of $750. The ten (10) memory upgrades will assist with errors being received on certain applications and prepare the machines for additional software upgrades planned for later in the year. Recommended by the Office of Budget and Evaluation.

Office ofInformation Technology 3 - OnBase Workflow Named User Client SL $3,522 Within Budget 195.2093.92055 (Major Technology Fund, Computer Hardware Less Than $5,000, Hardware Refresh) Office of Information Technology is requesting approval to purchase the above listed item(s) at a total cost of $3,522. The three (3) OnBase Workflow Named User Client licenses will enable IT to support the District Clerk OnBase· WorkFlow environment. Recommended by the Office of Budget and Evaluation.

1024 Sheriff Department 2 - High Back 24 Hour Chairs $400 Within Budget

EXPENDITURE SOURCE:

PROPOSED ACTION:


PROPOSED ACTION:

(20) DEPARTMENT: ITEMS: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE: PROPOSED ACTION:

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120.3150.2090.0000 (General Flmd, Sheriff Department, Property less than $5,000, FY2011) The Sheriff Department, is requesting authorization to purchase the above listed items for the Parkland Inmate Medical Administration Office. Previously briefed on February 15,2011, the additional funding is needed to complete the purchase of the chairs .

. Based on the review, the Budget Office staff offers the recommendation. Recommended by the Office of Budget and Evaluation.

Juvenile Department 2 - Executive Chairs ($406.08) $812.l6 Within Budget 120.511 0.2090 (General Fund, Juvenile Administration, Property less than $5,000) The Juvenile Department requests approval to purchase 2 Executive Chairs for the new Deputy of Institutions and the Assistant Director. The standard chairs do not accommodate the two new individuals. Recommended by the Office of Budget and Evaluation.

Juvenile Department 3 - Transport Carts $0 Surplus Surplus The Office of Budget and Evaluation requests authorization to allow Juvenile Department to transfer three transport carts to the Sheriff Department Sterrett Kitchen. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

IT Services - PllOl002 - re-briefing- briefed for $1600.00 on 1125/11, actual total amount is $1828.89, due to additional work requested. Request 1 data & I voice each at Kays Tower, West Tower, North Tower and George Allen Jail. Equipment $1828.99; Installation $0.00; Recurring Cost $0.00 Recommended Funded-195.0.2093.0.0.92055

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Sheriff - requests: Mll02006 - re-briefing - briefed for $188.00 on 02/15/11, actual total amount is $234.00, due to needing a handset lifter. Request 1 hands-free headset and handset lifter for receptionist. Equipment $234.00; Installation $0.00; Recurring Cost $0.00 -Recommended - Funded- 3122.02160

Mll03021 - a Long Distance Code for Ruth Martinez and Keith Sweet. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Planning & Development- Hazmat - Pll03007 - requests to replace HazMat existing phone system from the manufacture discontinued version to a new system with current software release to provide longevity for support and hardware integrity. Pricing is through Affiliated/Avaya Gold Connect Partner DIR-SDD-1499. The existing system has failed once before, is causing the system to be unstable and to possibly crash again. There is no coast to Dallas County. Equipment $0.00; Installation $3402.00; Recurring Cost $0.00 - Recommended - Funded- 532.8130.94017

Health & Human Services - Mll03023 - requests Long Distance Code for Briza Anzures. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 -'Recommended

Justice of the Peace 4-2 - Mll03024 - requests Long Distance Code for Katy Romero, Janet Byrnes & Diane Henderson. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Community Supervision & Corrections - Mll03026 - requests Long Distance Code for Gwen Broadnax, Stephanie Duran, & Darryl Terrell. Equipment $0.00; Installation $0.00; Recurring Cost $0.00 - Recommended

Facility Management - Dll03005 - requests installation of I data drop. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Tax Assessor/Collector - Pll03008 - requests installation of 3 voice and 2 data drops for clerks relocating from Farmers Branch Office to main Tax Office. Equipment $0.00; Installation $1000.00; 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.

03/29/11

Documents

1 DALLAS COUNTY COMMISSIONERS COURT BRIEFING …Agency's Subcontractors or Subcontractor's suppliers. 4. Standards, Codes, Laws And Regulations. The Agency shall comply with all applicable