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                 DALLAS COUNTY COMMISSIONERS COURT
                          BRIEFING AGENDA

                                 November 22, 2005


REPORTSIRECOMMENDATIONSIREQUESTS                                            PAGE NOS.


1)   HEALTH & HUMAN SERVICES

     a)     Reallocation ofFY 2005-2006 Ryan White C.A.R.E. Act Title I
            Contract Awards                                                                5-8

     b)     Agreement with Methodist Charlton Medical Center                        . . .. 9-31

     c)     Renewal Agreement with the University of Texas Southwestern Medical
            Center at Dallas and Parkland Health and Hospital System                    32-42

     d)     Budget Amendment to the Interlocal Cooperation Contract for
            FY 2003 Housing Opportunities for Persons with AIDS Funds                   43-45

     e)     Reallocation ofFY 2005-2006 Ryan White C.A.R.E. Act Title II
            Contract Awards                                                             46-48

     f)     Reallocation ofFY 2006 State of Texas HIV Health and Social Services
            (State Services) Subcontract Awards                                         49-51


2)   JUVENILE

     Estoppel Letter and SNDA for JJAEP Facility                                        52-67


3)   PURCHASING

     a)    Modification ofRFP No. 2005-048-1624, Request for Proposal
           for Security Management System                                               68-69

     b)    Modification, Bid No. 2005-141-1727, Annual Contract for Maintenance
           of Microfilm Equipment                                                      70-71

     c)    Cancellation of Bid No. 2005-159-1746, Annual Contract for Fulfillment
           of County Clerk Real Estate Records                                             72
                                                    2

4)     HUMAN RESOURCES / CIVIL SERVICE

       Domestic Relations Office - Hard to Fill Position - Family Court Counselor ... ". 73-76


5)     COUNTY AUDITOR

       Federal Equitable Sharing Agreement Filing " "" "                                      77-84
                        (COURT ORDER ON FORMAL AGENDA)


6)    IT SERVICES

      Replacement Computer Hardware for Juvenile Youth Village. "... ". ". ". "..... 85-86


7)    PUBLIC WORKS

      a)      Support for Regional Rail Authority "                        ""       "         87-89
                       (COURT ORDER ON FORMAL AGENDA)

      b)      Loop 9 Amendment No.5 - Fatal Flaw Analysis Contract and
              Amendment No.2 - TxDOT Local Participation Advanced
              Funding Agreement '"                "                                          90-95


8)    OFFICE OF SECURITY AND EMERGENCY MANAGEMENT

      2005 Homeland Security Grant Program Award .. "         "             ". ". .'. " .. " 96-106


9)    OFFICE OF BUDGET & EVALUATION

      a)     Dallas County District Attorney's Office, Family Violence and
             Child Abuse Division Grant Application                   " . ".. "           Handout
                      (COURT ORDER ON FORMAL AGENDA)

      b)     FY 2006 DDA Rollover               "                       " . .. . .. . . .. . 107-111


10)   STAFF

      Proposed Department Heads and Board and Committee Appointees
      Media Contacts Policy .. " "        ""     " " . ". " . " . " " ". " ". . . . . .. 112-115
                                                                        3



 11)       ITEMS OF DISCUSSION

           a)       Infonnation                                                                                                       N/A
                    •      Jail Population Report
                    •      Office of Budget and Evaluation:
                            a)     State Criminal Alien Assistance Program (SCAAP)
                                   Assistance Award
                             (COURT ORDER ON FORMAL AGENDA)
                            b)    Reserve Balance Report-November 16, 2005
                   •      Human Resources/Civil Service-Public Official Liability
                          Insurance vs. County Policy
                   •      Purchasing:
                          a)      FY2006 Law Enforcement Vehicle Purchase
                          b)      Annual Contract Infonnation
                   •      Health & Human Services-HHS Updates

        b)         Status of Jail Inspection Compliance                                                                              N/A

        c)         J ail Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. N/A

        d)         George Allen, Sr. Courts Building Expansion Project. . . . . . . . . . . . . . . . . .. N/A

       e)         IT Steering Committee
                  •       Miscellaneous Briefings
                  •      E-mail and File Retention Policy
                  •      Project Workload Review


12)    Miscellaneous, Travel Requests, Miscellaneous Equipment,
       and Telecommunications Requests                                                                                         116-122


13)    WETIDRY ELECTION LAW

       •          Boundaries and Updating Maps                                                                                      N/A
       •          Withdrawal of license application issued in error                                                                 NtA


14)    PUBLIC COMMENTS

       Speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. N/A
                                     4




      FIVE SIGNATURE DOCUMENTfs) FOR CONSIDERATION

                   Minister's Letter of Appreciation


                      DATE(s) TO REMEMBER




Commissioners Court 24th Anuual Thanksgiving Potluck Luncheon

        2 nd Floor of Dallas County's Administration Building
         immediately following Court on November 22, 2005


                      Thanksgiving Holidays

                 Thursday, November 24,2005
                                 &
                   Friday, November 25, 2005
                                                           5


                   ' ". Dallas C ounty
   ......t 4:
                ry o


~                     ~ Health and Human Services
  • l't OF ~~"Ii'
 ',:;                  Grants Management

 Zachary Thompson
                                                                                 55
 Director


TO:                       THE HONORABLE COMMISSIONERS COURT

FROM:                     ZACHARY S. THOMPSON, DIRECTOR
                          DALLAS COUNTY HEALTH AND HUMAN SERVICES

DATE:                     NOVEMBER 22, 2005

SUBJECT:                  REALLOCATION OF FY 2005-2006 RYAN wmTE CARE ACT TITLE I
                          CONTRACT AWARDS


Background of Issue
The Dallas County Judge is the grantee and legal recipient ofRyan White CAR.E. Act (Ryan White)
Title I funds for the Dallas Eligible Metropolitan Area (EMA). Dallas County Health and Human
Services (DCHHS) is designated to serve as the Administrative Agency for Ryan White Title I funds
for the Dallas Eligible Metropolitan Area (EMA). DCHHS tracks the expenditure offunds by service
providers throughout the contract period and makes recommendations, when appropriate, to
reallocate funds. In accordance with the provisions of Title I ofthe Ryan White C.A.R.E. Act, the
grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (RWPC). The
RWPC is charged with the responsibility of establishing priorities for the allocation of Title I funds
and determining the categorical allocation of funds by service category.

The FY 2005-2006 Ryan White Title I award (Title I), in the amount of$I3,038,882, is allocated as
follows: $10,990,329 to be awarded to service providers (including salary and fringe necessary for a
new position ofa Disease Intervention Specialist III); $186,000 for RWPC Support, $651,944 to
DCHHS for administration (including staffsalaries, benefits, equipment, and supplies for new Clerk
IV position); $35,000 for a Comprehensive Plan; $60,000 for Capacity Development, $100,000 for
Quality Management; and $1,015,609 for the Minority AIDS Initiative (Title I MAl).

Due to the inabilities of some service providers to fully spend their FY 2005-2006 Ryan White Title I
award funds totaling $246,936, and due to a cancelled contract with White Rock Friends with a
remaining balance of $13,609, a total of $260,545 is available for reallocation, as presented in
Attachment A.

On October 12, 2005, DCHHS issued competitive one-page request for proposals (RFP) to
subcontractors who applied for and were awarded funding through the FY 2005-2006 Ryan White
Title I, Title I MAl, and Title IT RFP process. The total funds available under this RFP were $260,545
in the following service categories: $69,500 in Dental Care, $121,173 in Drug Reimbursement,
$13,609 in Food Pantry, $11,827 in Insurance Assistance, $10,000 in Meals, and



2377 N. Stemmons Freeway                            Suite 200, LB-16              Office 214-819-1849
Dallas, Texas 75207-2710                                                           FAX 214-819-6023
                                                       6

Page 2 - Commissioners Court


$34,436 in Outpatient Medical Care. The proposals were reviewed by an Internal Review Committee
(IRe). DCHHS has reviewed the initial recommendations by the IRC and is making final
recommendations for the award of contract amendments in the amount of $260,545 to the specific
service providers as presented in Attachment A.

Fiscal Impact
There is no fiscal impact to Dallas County.

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

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

Recommendation
It is recommended that the Dallas County Commissioners Court does hereby approve the reallocated
funds for the FY 2005-2006 Ryan White C.ARE. Act Title I grant in the amount of$260,545 to the
specific service providers as presented in Attachment A, and authorize the County Judge to sign the
contract amendment on behalf of Dallas County.


RECOMMENDED BY: ---,,LA&re::;~!!";~~~~~----




Attachment
C:     J. Allen Clemson, Court Administrator
       Virginia Porter, County Auditor
                                                                                                          7

                                                                                                                                                     ATTACHMENT A

FY 2005-2006 Ryan White Title I Award



                AGENCY                              SERVICE CATEGORY                       ORIGINAL               Returned           1 PageRFP                    TOTAL
                                                                                             AWARD                12-0ct-05          12-0ct-05                    AWARD

                                                      Case Mana ement                       $226,940                                                              $226,940
                                                     Dru... Reimbursement                   $535,626                                                              $535,626
            AIDS Arms, Inc.                        Medical Case Management                  $250,628                                                              $250,628
                                                    Ou alient Medical Care                  $869,977                                                              $869,977
                                                            TOTAL

                                                  Bl.lddv/Comoanion Services
                                                                                           @                      ($19,9361                                   !if
                                                       Case Manallemenl                      $59,318                                                              $59,318
                                                       C'O e ate Meals                       $79,447                                                           $79,447
                                                         Adult Da Care                      $100,000                                                          $100,000
     AIDS Interfaith Network, Inc.                       Outreach - Street                  $120,000                                                          $120,000
                                                 Sif!l1 Lanl'!uall:e/lntem. Services        $61,783                                                            $61,783



                                                                                            'ill
                                                         Trans onation                                                                                        $283,286
                                                            TOTAL
                                                                                                                  !iii
                                                                                                                                                              $726,618

                                                      Case Management                        $62,223                                                              $62,223
                                                      Coo e ate Meals                       $166,177                                  $5,000                  $171.177
        AIDS Services of Dallas                    Medical Case Mana ernent                 $128,654                                                          $128,654
                                                        TranSDonation                       $31,687                                                            $31,687
                                                           TOTAL                            '388.'41                                  $5.000
                                                                                                                                                                   .
                                                                                                                                                              S393,741

                                                      Case Mana ement                       $119,009                                                          $119,009
                                                    Dm>! Reimbursement                      $302,037                                   $7,500                 $)09,537
                                                         Food Pantry                        $72,70&                                   $13,609                 $86,315
                                                    I,!s"r"'lce Ass!s"'!ce                  ~!   !O,983           1$l:lJ){)(j\                                $102,983
        AIDS Services of North                    Medical Case Man ement                    5144,873                                                          $144,873
             Texas,lllc.                          Mental Health Counselinl!                  $75,000                                                          $75,000




                                                                                                                  •
                                                   Outpatient Medical Care                  $244,611                                  $17,218                 $2&1,829
                                                         T=,       rtatlon                  $90,835                                                           $90,835

                                 .
     Dallas County Health Division
                                                             TOTAL

                                                       Earl Intervention
                                                                                           $:!i
                                                                                                                                      $38,327
                                                                                                                                         .                   $1,190,38\
                                                                                                                                                                   ?B.
                                                                                                                                                              $198,703
                                        I
                                                             ..
                                                           TOTAL

                                                     Case Mana ement                        $156,862
                                                                                                              I                                               $19B,703
                                                                                                                                                     .><iY",",=
                                                                                                                                                              $156,862
                                                                                                                                                                             = . .J1

                                                    Dm Reimbursement                        5304,867                                 $113,673                 $418,540
    Dallas County Hospital District               Medical Case Mana2"ement                  $379,445                                                          $379,445
            d.b.a, Parkland                            Mental Health                        $120,000                                                          $120,000
     Health and Hospital System                    0" atient Medical Care                  $2,190,783                                 $17,218                $2,208,001
                                                   Outreach - Lost to Care                   $10,000                                                           $10,000

                                                                                                                                     S1ii1
                                                                                                                                                           ~
                                                          TOTAL                            $3,161,957


         Dallas Legal Hospice                            Le al Services                    SlIl,600
                                                           TOTAL                                                                                              Sill 600


     Dental Health Programs, Inc.



        Home Health Services



                                        I
                                                          Dental Care
                                                           TOTAL

                                                       Home Health Care
                                                          TOTAL

                                                       Mental Health
                                                                                       SIi
                                                                                       I   ~                  I
                                                                                                                  $75,000\


                                                                                                                  iiii
                                                                                                                  $55,OOm        I
                                                                                                                                     $33500




                                                                                                                                                 ~±
                                                                                                                                                 I
                                                                                                                                                              $402,399
                                                                                                                                                              $402,399

                                                                                                                                                                  $75,000

                                                                                                                                                                  .
                                                                                                                                                                  $75,000

                                                                                                                                                              $36,897
                                                                                                                                                                             ;i'[·;4
                                                                                                                                                                                       I




          Homeward Bound                          Substance Abuse Services             I    $89,740           I   $54,000        I               I            $35,740



                                                                                           ~
                                                          TOTAL.                                                                                              S72,637
                                            ~~"
                                                 Buddv/Comnanioll Services
                                                                                                                  ili&                                        $13.582
                                                     Comrrei:!ate Meals                     $J5,144                                   $5,000                  $20,144




                                                                                                                                     -
      Legacy Counseling Center                   Mental Health Counselin                    $73,513               S15,OOO                                     $58,513
                                                  Substance Abuse Services                 $125,814                                                           $125,814


                                                                                                                                                                       ~
                                                          TOTAL                                                   S15,000


          Open Arms, Inc.                           Case Manai<ement                        $41,874                                                           $41,&74




                                                                                                                                                              -
        d.b.a. Bryan's House                        Childcare Services                     5196,954                                                          5196,954



                                                                                           ~
                                            DayfRes ite Care for lnfanlslChildIen                                                                            $228.046
                                                         TOTAL




   111l2!2005
                                                                                        8

                                                                                                                        ATTACHMENT A

FY 2005-2006 Ryan White Title I Award



                AGENCY                        ~                          ORIGINAL
                                                                          AWARD
                                                                                            Returoed
                                                                                            12-0ct-05
                                                                                                           1 Page RFP
                                                                                                           12-0ct-05
                                                                                                                               TAL
                                                                                                                             AWARD

                                                  Case Mana"emenl          $22527                                             $22,527
                                                  Comrrel!ate Meals       $178A58                                            $178,458
                                                     Dental Care          $440,391                          $36,000          $416,391
     Resource Center ofDaHas, Inc.                  Food Pantry           $118,379                                           5118,379



                                                                                                                            .010
      d.b.a. AIDS Resource Center               Insurance Assistance      $750,189                          $11,827          $762,016
                                              Medical Case Manallement    $89,239                                             $89,239
                                                      TOTAL              $1,599183                          $47,827

                                                 Case Mana ement           $63,594                                           $63,594
         Welcome House, Inc.                     Conore<>ale Meals         $96,243           $20,000)                        $16,243
                                                 Outreach - Street         $80,000                                           $80,000
                                              Substance Abuse Services                                                       $89,741
                                                      TOTAL
                                                                         iii'                                                $309,57&




                                                                                                                            ..
                                                    Food PantrY                             $13,609                           $1,716



                                                                         !.ii
          Wbite Rock Church
                                                      TOTAL                                                                   $1,716
                                                                                                                                /

TOTAL FUNDS ALLOCATED TO DIRECT SERVICES                                 $10,990 29                    l    $260,545


                                                Qualitv Mana<':emenl      $100,000
                                                 Needs Assessment          $35,000                                            $35,000
                                                  RWPCSll ort             $186,000                                           $186,000
                                               ProOTam Administration     $651,944                                           $651,944
                                                Caoacitv Develo ment       $60,000                                            $60,000
                                            Minori AwS initiative 'MAr   $i ,0; 5,609                                       ,l;1,015,609
TOTAL FY 2005-2006 TITLE I AWARD OBLIGATED                               $13,038,882                                        $13,038,882


                                        I     Unoblitmted funds Titlel       '0
                                                                         $13,038,882
                                                                                            $260,545
                                                                                            $260,545
                                                                                                           ($260,545)
                                                                                                            $260,545)   I
                                                                                                                                '0
                                                                                                                            $13,038,882    I
TOTAL FY 2005--2006 TITLE I AWARD




   1111212005
                                                           9
            DALLAS COUNTY
            DEPARTMENT OF HEALTH AND HUMAN SERVICES
            Health Division


 Zachary Thompson
 Director



MEMORANDUM


TO:             COMMISSIONERS COURT

FROM:           Zachary Thompson, Director

DATE:           November 22,2005

SUBJECT:        AGREEMENT WITH METHODIST CHARLTON MEDICAL CENTER


BACKGROUND

Methodist Charlton Medical Center desires to enter into an agreement with Dallas County Health
and Human Services ("DCHHS"), to offer its second-year residents clinical experience in the field
of public health. Dallas County Health and Human Services will provide Methodist Charlton
Medical Center second-year residents in the Family Practice Residency Program the opportunity
to obtain practical clinical and field experience by working with a public health nurse and Disease
Intervention Specialist in the County's various "clinics or facilities," including but not limited to the
HIV Early Intervention Clinic, Tuberculosis Elimination Program, STD/HIV Program and the
Communicable Disease Program.

OPERATIONAL IMPACT

This Agreement with the Methodist Charlton Medical Center will have no impact on operations.

LEGAL IMPACT

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

FINANCIAL IMPACT

There is no cost to the County for providing these services.

PROJECT SCHEDULE

This Agreement will be effective by both parties for the period of January 2, 2006, through
December 31,2006.



2377 N,Stemmons Freeway              Dallas, Texas 75207·2710                    Office (214) 819·1870
Suite 600 • LB 12                                                                  FAX (214) 819·6012
                                                    10
                                                                       Commissioners Court
                                                                         November 22, 2005
                                                                                    Page 2

 RECOMMENDATION

 It is respectfully recommended that the Dallas County Commissioners Court does hereby approve



                                =..
 the Agreement with Methodist Charlton Medical Center, and authorizes the County JUdge to sign
 the Agreement on behalf of Dallas County.

 Recommended by:        z;:..
                    ~hary Tho
                                       ~'i~
                                     son, Dire or

c:      J. Allen Clemson, Court Administrator
        Virginia Porter, County Auditor
        Ryan Brown, Budget Officer




2377 N.Stemmons Freeway           Dallas, Texas 75207-2710              Office (214) 819-1870
Suite 600 - LB 12                                                        FAX (214) 819-6012
                                                       1 1




     STATE OF TEXAS                     §       AGREEMENT BETWEEN METHODIST
                                        §       CHARLTON MEDICAL CENTER AND DALLAS
                                        §       COUNTY, ON BEHALF OF DALLAS
     COUNTY OF DALLAS                   §       COUNTY HEALTH AND HUMAN SERVICES


 1. CONTRACTING PARTIES

 Whereas, the Methodist Health System d/b/a Methodist Charlton Medical Center ("MCMC") is a
 private non-profit entity and Dallas County ("County") is a political subdivision of the State of
 Texas; and

 Whereas, MCMC recognizes that clinical practice under appropriate guidance and supervision
 is essential for the development of effective skills, clinical judgment, and sense of professional
 responsibility for the duly registered eligible second-year Residents of MCMC Family Practice
 Residency Program ("Residents"); and

 Whereas, it is the desire of MCMC and County to have Residents participate in the clinical
 experiences in the field of public health at clinics operated by the County and that will be
 mutually coordinated to enhance the public health education of Residents; and

 Whereas, providing Residents with observational clinical learning experiences at Dallas County
 Health and Human Services ("DCHHS") will benefit the County as well as serve and further the
 public purpose; and

 Whereas, Residents will continue to receive their regular salaries and benefits from MCMC.

Now, therefore, this Agreement is entered into by and between County, on behalf of DCHHS,
and MCMC pursuant to the authority of Texas Health and Safety Code Chapter 122, the Powers
and Duties of Counties and Municipalities Relating to Public Health, for and in consideration of
the mutual convenants and agreements as follow:

2. TERM

This Agreement shall be effective from January 2, 2006 through December 31, 2006, unless
otherwise stated in this Agreement.

3. MCMC'S RESPONSIBILITIES

A.      Plan, implement, and administer the curriculum in conjunction with DCHHS;

B.      Provide information concerning rotation dates, and numbers of Residents, beginning on
        the date requested by County;

C.      Furnish the names of Residents assigned to County's facility;

D.      Provide an Academic Coordinator for the observational clinical training to assist with
        instruction and evaluation;

E.      Ensure that the Residents have professional liability insurance;
                                                          12




     F.     Provide information, advice and consultation on observational clinical training/education

 G.         Maintain close contact with relevant County personnel during observational clinical
            rotations to evaluate the Residents and determine that County is fulfilling its obligations
            to the Residents;

 H.        Cooperate and see that Residents abide by all County and DCHHS rules, regulations,
           policies and procedures;

 I.        Provide an appropriate instrument for evaluation of the observational clinical experience,
           and familiarize both Residents and clinical instructors in the use of this instrument;

 J.        Require each Resident to complete and submit to County prior to starting his/her rotation
           at DCHHS a copy of the "Release and Waiver of Claims," attached hereto as "Exhibit A,"
           and incorporated herein for all purposes; and

 K.        Require each Resident to read, sign and submit to County prior to starting his/her
           rotation at DCHHS a copy of the "Workforce Confidentiality Agreement," attached hereto
           as "Exhibit B," and incorporated herein for all purposes.

 4. COUNTY'S RESPONSIBILITIES

 A.        Provide the clinical experience under the supervision of qualified personnel who meet
           the relevant industry's minimum standards;

 B.        Provide staff and related resources necessary to implement the clinical learning
           experiences of the Residents;

C.        Appoint a County representative to serve as coordinator of the clinical education, whose
          responsibilities will be to ensure the following:

          1)      Orient the Residents to each particular Dallas County program;

          2)      Plan the learning experiences;

          3)      Evaluate each Resident's performance; and

          4)      Provide the orientation and supervision of clinical instructors.

5. MUTUAL COMMITMENT

A.        The number of Residents assigned to the clinical rotation shall accommodate the
          administrative needs and schedules of the residency and County's programs;

B.        Except as stated otherwise in this Agreement, there shall be no compensation or
          financial obligation between MCMC and County;

C.        The parties shall inform each other of changes in personnel actively involved in the
          clinical training/education;

D.        Residents will be assigned without regard to race, religion, sex, creed or national origin;



                                                   2
                                                    13




 E.     No Resident shall be considered the agent or employee of County;

 F.    County retains exclusive control of County's premises, operations, and all aspects of
       patient services.

 G.    MCMC shall provide to County satisfactory evidence that each Resident is free from
       contagious disease prior to Resident's placement at DCHHS;

 H.    Each Resident shall be required to pass any health examination required and
       administered by County, including drug and alcohol screening tests;

 I.    Resident shall immediately notify his or her Supervisor at DCHHS if the Resident is
       exposed to blood or body fluids during training at DCHHS through a needle stick, splash,
       laceration or other high-risk exposure;

 J.    In the event of a notification by Resident of his or her exposure to blood or body fluids
       during training at DCHHS through a needle stick, splash, laceration or other high-risk
       exposure, DCHHS shall:

       1)     Complete an occurrence report in accordance with County policy;

       2)     Send a copy of the occurrence report to the Chairman of MCMC Department of
              Family Practice:

       3)     Provide or arrange for the provision of immediate evaluation and treatment for
              such exposure as recommended in accordance with the Center for Disease
              Control guidelines. Resident shall be responsible for the cost and follow-up
              treatment involving Resident.

6. REPORTING AND ACCOUNTABILITY

A.    MCMC agrees to submit all required documentation and reports on a timely basis and in
      accordance with the specified time frames.

B.    MCMC agrees that all information, data and supporting documentation that relates to the
      services under this Agreement shall remain the property of the County.

C.    Should DCHHS determine it reasonably necessary, MCMC shall make all of its records
      and books reasonably related to this Agreement available to authorized DCHHS
      personnel, at reasonable times and within reasonable periods, for inspection or auditing
      purposes or to substantiate the prOVisions of services under this Agreement. ReqUired
      documents may include, but are not limited to, documents pertaining to services
      provided for purposes of programming, creation and modification of data fields, and
      records of telephone hours of support provided.

D.    All documents shall be maintained and kept by MCMC for a minimum of four (4) years
      and ninety (90) days after the termination of the Agreement period. If any litigation,
      claim or audit involving these records begins before the specified period expires, MCMC
      must keep the records and documents until the later occurrence of the end of the four (4)
      years and ninety (90) days or until all litigation, claims, appeals or audit findings are



                                             3
                                                  14




        resolved.

 7. INDEMNIFICATION

  MCMC shall forever waive, release, indemnify and hold harmless County, its
  Commissioners, JUdge, assigns, officers, directors, employees, agents, representatives,
 and any third parties with whom County has or may in the future contract with to perform
 any aspect of County's Information Technology business functions (referred collectively
 as "County"), from and against any and all losses, damages, injuries (including death),
 causes of action, claims, demands, liabilities, judgments, suits, losses, damages, fines,
 assessments, penalties, adverse awards and expenses (whether based upon tort, breach
 of contract, patent, trademark or copyright infringement, or other intellectual property
 infringement, failure to pay employee taxes or withholdings, failure to obtain worker's
 compensation insurance, or otherwise), whether known or unknown, including, without
 limitation, legal and related legal fees and expenses, of any kind or nature arising out of
 or on account of, or resulting from (1) any actual or alleged intentional or negligent act or
 omission of, or default in the performance of, attempted performance of, or failure to
 perform, its obligations pursuant to this Agreement by MCMC, its assigns, or its
 subcontractors, officers, directors, employees, agents or representatives (referred
collectively as "MCMC"), (2) MCMC's involvement in the specified services under this
Agreement, (3) Any terms or conditions or provisions or underlying provisions of this
Agreement, including but not limited to, any premises or special defect known or
unknown to County, and any injury to individuals present during MCMC's involvement
under the terms and conditions of the services and Agreement, including willful acts
such as assault, copyright, licensing and patent infringement relating to any software
and lor equipment provided by MCMC; and wrongful imprisonment or other intentional
torts as a result of incorrect and/or scrambled information downloaded from any
software and/or equipment prOVided by MCMC, and (4) the selection, provision, misuse,
use or failure to use, by MCMC or any person or entity, of any medical devices, tools,
supplies, materials, equipment, any other devices, tools, supplies, materials, equipment,
or vehicles (whether owned or supplied by County, or any other person or entity) in
connection said work or operations;

AND FURTHER, MCMC, to the fullest extent allowed by law, agrees to waive, release,
 indemnify and hold harmless County against any and all losses, damages, InJunes
(including death), causes of action, claims, demands, liabilities, judgments, suits, losses,
damages, fines, assessments, penalties, adverse awards and/or other expenses, of any
kind or nature whatsoever (whether based upon tort, breach of contract, patent,
trademark or copyright infringement, or other intellectual property infringement, failure
to pay employee taxes or withholdings, failure to obtain worker's compensation
insurance, or otherwise), including, without limitation, legal and related legal fees and
expenses, of any kind or nature that are incurred by or sought to be imposed on County
arising out of or on account of, or reSUlting from injury (including death), whether known
or unknown, including, but not limited to, exposure to any disease, by any manner or
method whatsoever, or damage to property (whether real, personal or inchoate), arising
out of or in any way related (whether directly or indirectly, causally or otherwise) to the
Agreement and/or the performance of, attempted performance of, or failure to perform,
operation or work by County, its contractors, or its subcontractors, and/or any other
person or entity. This indemnification shall apply, whether or not any such injury or
damage has been brought on any theory of liability, intentional wrongdoing, strict
product liability, or breach of non-delegable duty, but excluding County's negligence.



                                            4
                                                  15




 MCMC further agrees to defend (at the election of County) at its sole cost and expense
 against any claim, demand, action or suit for which indemnification is provided herein.

 Approval and acceptance of MCMC's services by County shall not constitute nor be
 deemed a release of the responsibility and liability of MCMC, its subcontractors,
 employees, officers, agents, invitees, licensees or assigns for the accuracy and
 competency of their services; nor shall such approval and acceptance be deemed to be
 an assumption of such responsibility by the County for any defect, error or omission in
 the services performed by MCMC, its subcontractors, employees, officers, agents,
 invitees, licensees or assigns in this regard. MCMC shall defend, hold harmless and
 indemnify the County for damages resulting from such defects, errors or omissions.

Residents' Indemnification. In consideration for the opportunity to participate in this
on-site public health education, each Resident shall fully complete and deliver to County
a copy of the "Release and Waiver of Claims," which is attached hereto as "Exhibit A"
and incorporated herein for all purposes. County reserves the right to review and accept
or reject such Release and Waiver of Claims. The Resident shall not be permitted or
allowed to participate under this Agreement unless such "Release and Waiver of Claims"
has been received and approved by County.

These provisions shall survive termination, expiration or cancellation of this Agreement
or any determination that this Agreement or any portion hereof is void, voidable, invalid
or unenforceable.

8. INSURANCE

A.     Within ten (10) days after the Effective Date of this Agreement, MCMC shall furnish, at
      its sole cost and expense, the following minimum insurance coverage. Such insurance
      is a condition precedent to commencement of any work. MCMC shall, in the stated ten
      (10) day period, furnish to the Director of Purchasing. verification of the insurance
      coverage in the type and amount required herein, meeting all conditions in this Contact.
      by an insurance company acceptable to County and authorized to do business in the
      State of Texas, or a program of self-insurance combined with excess commercial
      insurance. Such insurance shall show the County as the certificate holder (general
      liability insurance). Coverage dates shall be inclusive of the Agreement term and each
      renewal period, if any.

B.    The minimum insurance required are as follows:

      1)     Statutory Workers' Compensation Insurance            meeting the acceptability
            requirements as established by the Texas Workers' Compensation Act, Title 5,
            Subtitle A, Texas Labor Code, if MCMC has any employee(s) as defined by the
            Workers' Compensation Act. If no employee, MCMC shall provide County with a
            sworn statement of no employee in lieu of a Certificate of Insurance. In the event
            that any work is sublet MCMC shall require the subcontractors to similarly
            provide Workers' Compensation Insurance for all of the subcontractors'
            employees unless such empioyees are afforded protection by MCMC. In case
            any class of employees engaged in hazardous work under this Agreement at the
            site of the project is not protected under the Workers' Compensation statute,
            MCMC shall provide and shall cause each subcontractor to provide adequate
            and suitable insurance for the protection of its employees not otherwise



                                           5
                                                       16




                 protected.

          2)     Commercial General Liability Insurance including Contractual Liability for the
                 following: (a) Premises Operations; (b) Independent Contractors or Contractors;
                 (c) Products/Completed Operations; (d) Personal Injury; (e) Contractual Liability;
                 (f) Explosion, Collapse and Underground; (g) Broad Form Property Damage, to
                 include fire legal liability. Such insurance shall carry limits of Five Hundred
                 Thousand and 00/100 Dollars ($500,000.00) for bodily injury and property
                damage per occurrence with a general aggregate of Five Hundred Thousand and
                00/100 Dollars ($500,OOO.00) and products and completed operations aggregate
                of Five Hundred Thousand and 00/100 Dollars ($500,OOO.00). There shall not be
                any policy exclusion or limitations for personal injury, advertising liability, medical
                payments, fire damage, legal liability, broad form property damage, and/or
                liability for independent contractors or such additional coverage or increase in
                limits specifically contained within the bid specifications.

      3)        Comprehensive Automotive Liability Insurance: Any liability associated with the
                operation of a vehicle by MCMC, its agents or employees, in connection with the
                performance of services under this Agreement shall not be the responsibility of
                the County.

      4)        Professional Liability / Errors or Omissions Insurance: MCMC shall indemnify
                County for damages resulting from the failure to use due care and professional
                skill in rendering services or medical assistance to patients under this
                Agreement, which shall insure against defects, errors or omissions, and shall
                secure, pay for and maintain in full force and effect during the term of this
                Agreement and any subsequent extensions hereto and thereafter for an
               additional five (5) years from the effective date of cancellation, termination or
               expiration of this Agreement or any subsequent extensions hereto, sufficient
               errors and omissions insurance in a minimum amount of Five Hundred Thousand
               and 00/100 Dollars ($500,000.00) per occurrence with certificates of insurance
               evidencing such coverage to be provided to the County. Such certificates of
               insurance shall specifically name the County as a loss payee.

     5)        Student Health Insurance. MCMC shall require and Student shall have and
               maintain during the full term of any participation in the Program health insurance
               that will include, but not limited to, evaluation and treatment for any exposure to
               blood or body fiuids in accordance with the Center for Disease Control
               guidelines, any bodily injuries and all follow-up or other medical or psychological
               treatment resulting from such exposure. Such insurance shall be provided at the
               sole cost and expense of the Student or MCMC. MCMC and Student agree to
               waive, and such insurance policy shall state a waiver, of SUbrogation against
               County.

C.   MCMC agrees that, with respect to the above referenced insurance, all insurance
     contracts/policies will contain the following required proVisions:

     1)        Name County as an additional insured (as the interest of each insured may
               appear) as to all applicable coverage.

     2)        This insurance shall not be canceled, limited in scope or coverage or



                                                6
                                                          17




                   non-renewed until after forty five (45) calendar days prior written notice, or ten
                   (10) calendar days for non-payment of premium, has been given by the
                   insurance company to the County.

            3)     Provide for an endorsement that the other insurance clause shall not apply to the
                   County where the County is an additional insured on the policy.

           4)      Provide for notice to the County to the person and at the address shown below
                   by certified mail, return receipt requested, and full postage paid, sent to:

                           Dallas County Director of Purchasing
                           Records Building, 6th Floor
                           509 Main Street, Room 623
                           Dallas, Texas 75202-5799

           5)      MCMC agrees to waive sUbrogation, and each applicable policy of insurance
                   shall state a waiver of subrogation, against County, its elected officials, officers,
                   employees, agents and representatives for injuries, including death, property
                   damage and/or any other loss.

     D.    MCMC shall be solely responsible for all cost of any insurance as required here, any and
           all deductible amount, which in no event shall exceed ten percent (10%) of the amount
           insured and in the event that an insurance company should deny coverage.

     E.    It is the intent of these requirements and provisions that insurance covers all cost and
           expense so that the County will not sustain any expense, cost, liability or financial risk as
           a result of the performance of services under this Agreement.

 F.        Insurance certificates. The certificates of insurance shall list Dallas County as the
           certificate holder. Any and all copies of Certificates of Insurance shall reference any
           applicable RFP (Request for Proposal) number for which the insurance is being
           supplied. All insurance policies or duly executed certificates for the same required to be
           carried by MCMC under this Agreement, together with satisfactory evidence of the
           payment of the premium thereof, shall be delivered to the Dallas County Director of
           Purchasing, at the address stated above, within ten (10) calendar days of execution
          and/or renewal of this Agreement and upon renewals and/or material changes of such
          policies, but not less than fifteen (15) calendar days prior to the expiration of the term of
          such coverage, or such non-delivery shall constitute a default of this Agreement subject
          to immediate termination at County's sole discretion.

G.        All insurance coverage shall be on a per occurrence basis or a per claim basis if MCMC
          provides for three (3) year tail coverage, unless specifically approved in writing and
          executed by the County's Director of Purchasing and Risk Manager.

H.        All insurance required to be carried by MCMC and/or subcontractors under this
          Agreement shall be acceptable to the County in form and content, in its sale discretion.
          All policies shall be issued by an insurance company acceptable and satisfactory to
          County and authorized to do business in the State of Texas. Acceptance of or the
          verification of insurance shall not relieve or decrease the liability of MCMC.

I.        Minimum insurance is a condition precedent to any work performed under this



                                                  7
                                                    18




      Agreement and for the entire term of this Agreement, including any renewals or
      extensions. In addition to any and all other remedies County may have upon MCMC's
      failure to provide and maintain any insurance or policy endorsements to the extent and
      within the time herein required, or such insurance lapses, is reduced below minimum
      requirements or is prematurely terminated for any reason, County shall have the right to:

      1)     Order MCMC to stop work hereunder, which shall not constitute a Suspension of
             Work;

      2)     Withhold any payment(s) which become due to MCMC hereunder until MCMC
             demonstrates compliance with the requirements hereof and assurance and proof
             acceptable to County that there is no liability to County for failure to provide such
             required insurance;

      3)     At its sole discretion, declare a material breach of this Agreement, which, at
             County's discretion, may result in:

             a)      termination of this Agreement;

             b)      demand on any bond, as applicable;

             c)     the right of the County to complete this Agreement by contracting with the
                    "next low proposal." MCMC will be fully liable for the difference between
                    the original Agreement price and the actual price paid, which amount is
                    payable to County by MCMC on demand; or

             d)     any combination of the above;

     4)     Any combination of the above.

J.   Approval, disapproval or failure to act by the County regarding any insurance supplied
     by MCMC shall not relieve MCMC of full responsibility or liability for damages and
     accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by
     any insurance company exonerate MCMC from liability.

K.   Acceptance of the services, or failure to act by County shall not constitute nor be
     deemed a release of the responsibility and liability of MCMC, its employees, associates,
     agents or subcontractors for the accuracy and competency of their services; nor shall
     such acceptance be deemed an assumption of responsibility or liability by County for
     any defect in the services performed by MCMC, its employees, subcontractors, and
     agents.

L.   Nothing herein contained shall be construed as limiting in any way the extent to which
     MCMC may be held responsible for payments of damages to persons or property
     resulting from MCMC's or its subcontractor's performance of the work covered under this
     Agreement

M.   Survival. The provisions of this Section shall survive termination or expiration of this
     Agreement or any determination that this Agreement or any portion hereof is void,
     voidable, invalid or unenforceable.




                                             8
                                                   19




9. SUSPENSION I TERMINATION

A.    Suspension. Should County desire to suspend the services. but not terminate the
      Agreement, County shall issue a written order to stop work. The written order shall set
      out the terms of the suspension. MCMC shall stop all services as set forth in this
      Agreement and will cease to incur costs to County during the term of the suspension.
      MCMC shall resume work when notified to do so by County in a written authorization to
      proceed. If a change in the terms and conditions of payment for services of this
      Agreement is necessary because of a suspension, a mutually agreed contract
      amendment will be executed in accordance with this Agreement.

B.    Termination. Either party may, at its option and without prejudice to any other remedy to
      which it may be entitled to at law or in equity, or elsewhere under this Agreement,
      terminate this Agreement, in whole or part, by giving prior written thirty (30) calendar
      days notice thereof to the other party with the understanding that all services being
      performed under this Agreement shall cease upon the date specified in such notice.
      County shall compensate MCMC in accordance with the terms of this Agreement for the
      services performed prior to the date specified in such notice.          In the event of
      cancellation, MCMC shall cease any and all services under this Agreement on the date
      of termination and to the extent specified in the notice of termination. Upon receipt of
      such notice, MCMC shall not incur any new obligations or perform any additional
      services and shall cancel any outstanding obligations or services to be provided. To the
     extent federal funds are available and reimbursement is permitted, County will reimburse
     MCMC for non-canceled obligations that were incurred prior to the termination date.
     Upon termination of this Agreement as herein above provided, any and all unspent funds
     that were paid by County to MCMC under this Agreement and any and all County data,
     documents and information in MCMC's possession shall be retumed to County within
     five (5) business days of the date of termination. In no event shall County's termination
     of this Agreement, for any reason, subject County to liability.

     1)     Without Cause: This Agreement may be terminated, in whole or in part, without
            cause, by either party upon prior written thirty (30) calendar days notice to the
            other party.

     2)     With Cause: County reserves the right to terminate this Agreement immediately,
            in whole or in part, at its sole discretion, for the following reasons, without
            limitation:

           a)      Lack of, or reduction in, funding or resources;

           b)      Non-Performance. MCMC's non-performance of the specifications of this
                  Agreement or non-compliance with the terms of this Agreement shall be a
                  basis for termination of the Agreement by the County. Termination, in
                  whole or in part, by the County under this Section may be made at
                  County's option and without prejudice to any other remedy to which
                  County may be entitled to at law or in equity, or elsewhere under this
                  Agreement. County shall not pay for work, equipment, services or
                  supplies that are unsatisfactory or unauthorized.        At County's sole
                  discretion and with written notice by County, MCMC may be given a
                  reasonable opportunity prior to termination to correct any deficiency in the
                  work or services performed under this Agreement. County may consider



                                            9
                                                      20




                        a reasonable time to be thirty (30) calendar days to cure any problems
                        and/or deficiencies with MCMC's performance, such problems and/or
                        deficiencies being determined by County. Nothing herein, however, shall
                        be construed as negating the basis for termination for non-performance or
                        shall in no way limit or waive County's right to terminate this Agreement
                        under any other provisions herein.

                 c)     MCMC's improper, misuse or inept performance of services under this
                        Agreement;

                d)      MCMC's failure to comply with the terms and provisions of this
                        Agreement;

                e)      MCMC's submission of invoices, data, statements and/or reports that are
                        incorrect, incomplete and/or false in any way;

                f)      In County's sale discretion, if termination is necessary to protect the
                        health and safety of clients;

                g)     If MCMC becomes or is declared insolvent or bankrupt, or is the subject
                       of any proceedings relating to its liquidation or insolvency or for the
                       appointment of a receiver or similar officer for it, has a receiver of its
                       assets or property appointed or makes an assignment for the benefit of all
                       or substantially all of its creditors, institutes or causes to be instituted any
                       proceeding in bankruptcy or reorganization or rearrangement of its affairs,
                       enters into an agreement for the composition, extension, or adjustment of
                       all or substantially all of its obligations, or has a material change in its key
                       employees; and/or

               h)      MCMC's inability to perform under this Agreement due to judicial order,
                       injunction or any other court proceeding.

10. NOTICE

Any notice to be given under this Agreement shall be deemed to have been given if reduced to
writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to
the party who is to receive such notice, demand or request at the addresses set forth below.
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.

       Zachary Thompson, Director                            Dr. Bret Johnson, Program Dir.
       Dallas County Health & Human Services                 Methodist Charlton Medical Center
       2377 N. Stemmons Freeway, LB 12                       Family Practice Residency Program
       Dallas, TX 75207-2710                                 3500 W. Wheatland Road
                                                             Dallas, Texas 75237

11. SEVERABILITY

If any provision of this Agreement is construed to be illegal or invalid, this will not affect the
legality or validity of any of the other provisions in this Agreement. The illegal or invalid
provision will be deemed stricken and deleted, but all other provisions shall continue and be



                                               10
                                                       21




 given effect as if the illegal or invalid provisions had never been incorporated.

 12. SOVEREIGN IMMUNITY

 This Agreement 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 Agreement is in any way intended to
 constitute a waiver of any immunities from suit or from liability that the parties or the
 County has by operation of law. Nothing in this Agreement is intended to benefit any
 third party beneficiary.

 13. COMPLIANCE WITH LAWS AND VENUE

 In providing services required by this Agreement, MCMC must observe and comply with all
 applicable grant requirements, licenses. legal certifications, or inspections required for the
 services, facilities, eqUipment, or materials, and all applicable federal, State, and local statutes,
 ordinances. rules, and regulations. This Agreement shall be governed by Texas law and
 exclusive venue shall lie in Dallas County, Texas.

 14. AMENDMENTS AND CHANGES IN THE LAW

No modification, amendment, novation, renewal or other alteration of this Agreement shall be
effective unless mutually agreed upon in writing and executed by the parties hereto. Any
alteration, addition or deletion to the terms of this Agreement which are required by changes in
federal or State law are automatically incorporated herein without written amendment to this
Agreement and shall be effective on the date designated by said law.

15. ENTIRE AGREEMENT

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

16. BINDING EFFECT

This Agreement and the respective rights and obligations of the parties hereto shall inure to the
benefit and be binding upon the successors and assigns of the parties hereto, as well as the
parties themselves.

17. GOVERNMENT FUNDED PROJECT

If Agreement is funded in part by either the State of Texas or the federal government, the
MCMC agrees to timely comply without additional cost or expense to County, unless otherwise
specified herein, to any statute, rule, regulation, grant, contract provision or other State or
federal law, rule, regulation, or other similar restriction that imposes additional or greater
requirements than stated herein and that is directly applicable to the services rendered under
the terms of this Agreement.

18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately declare a default or



                                               11
                                                       22



 delays in taking any action. The rights and remedies provided by this Agreement are
 cumulative, and either party's use of 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. MCMC has a duty to mitigate damages.

 19. FISCAL FUNDING CLAUSE

  Notwithstanding any provisions contained herein, the obligations of the County under this
  Agreement are expressly contingent upon the availability of funding for each item and obligation
  contained herein for the term of the Agreement and any extensions thereto. MCMC shall have
 no right of action against County in the event County is unable to fulfill its obligations under this
 Agreement as a result of lack of sufficient funding for any item or obligation from any source
 utilized to fund this Agreement or failure to budget or authorize funding for this Agreement
 during the current or future fiscal years. In the event that County is unable to fulfill its
 obligations under this Agreement 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 Agreement by written notice to MCMC at the earliest possible time prior to the
 end of its fiscal year.

 20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

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. Words of any gender
used in this Agreement shall be held and construed to inclUde any other gender any words in
the singular shall include the plural and vice versa, unless the context clearly requires
otherwise. Headings herein are for the convenience of reference only and shall not be
considered in any interpretation of this Agreement.

21. PREVENTION OF FRAUD AND ABUSE

 MCMC shall establish, maintain and utilize internal management procedures sufficient to
provide for the proper, effective management of all activities funded under this Agreement. Any
known or suspected incident of fraud or program abuse involVing MCMC's employees or agents
shall be reported immediately by the County to the Office of the Inspector General for
appropriate action. Moreover, MCMC warrants to be not listed on a local, county, State or
federal consolidated list of debarred, suspended and ineligible contractors and grantees.
MCMC and County agree that every person who, as part of their employment, receives,
disburses, handles or has access to funds collected pursuant to this Agreement does not
participate in accounting or operating functions that would permit them to conceal accounting
records and the misuse of said funds. MCMC shall, upon notice by County, refund expenditures
of MCMC that are contrary to this Agreement and deemed inappropriate by the County.

22. INDEPENDENT CONTRACTOR

MCMC, including its agents, stUdents, residents or employees, is an independent contractor and
not an agent, servant, joint enterpriser, joint venturer or employee of the County, and is
responsible for its own acts, forbearance, negligence and deeds, and for those of its agents,
students or employees in conjunction with the performance of services under this Agreement.




                                               12
                                                     23



 23. ASSIGNMENT

  MCMC assures that it will not transfer or assign his interest in Ihis Agreement without the prior
  written consent of the County. MCMC understands that in the event that all or substantially all
 of MCMC's assets are acquired by another entity, MCMC is still obligated to fulfill the terms and
 conditions of this Agreement. In the event of the assignment or sale of MCMC assels, the
 County, at its option, may terminate this Agreement and at no cost to the County retain the use
 of any of the equipment, software and other items provided under this Agreement. MCMC shall
 deposit all system and application software with an independent escrow agent. In the event of
 sale or assignment, County has the right of use of all source codes and at no cost perpetual
 license to use all software.

 24. SUBCONTRACTING

MCMC may not enter into agreements wilh subcontractors for delivery of the designated
services outlined in this Agreement without prior written consent of the County, which consent
shall not be unreasonably withheld. The costs of all subcontracted services are included in the
fees paid herein. Subcontracts, if any, entered into by MCMC will be in writing and sUbject to all
requirements herein. MCMC agrees that it will solely be responsible to County for the
performance of this Agreement. MCMC shall pay all subcontractors in a timely manner. County
shall have the right to prohibit MCMC from using any subcontractor.

25. ASSURANCES

A.     MCMC agrees to establish safeguards to prohibit employees from using their positions
       for a purpose that constitutes or presents the appearance of personal or organizational
       conflict of interest or personal gain.

B.     MCMC assures that it shall not receive personal benefits or gains in performance of the
       services outlined in this Agreement. Furthermore, MCMC agrees to disclose prior to
       commencement of a particular assignment any material/financial interests that it or a
       third party may have in the services required under this Agreement.

C.     No-Discrimination. This Agreement is subject to applicable federal and state laws and
       executive orders, including the Fair Labor Standards Act of 1938, relating to equal
       opportunity and nondiscrimination in employment. Neither MCMC nor its agents or
       subcontractors shall discriminate in their employment practices against any person by
       reason of disability, age, race, creed, national origin, color, religion, sex, political
      affiliation, or veteran status. In addition MCMC assures that no person will, on the
      grounds of disability, age, race, creed, national origin, color, religion, sex, political
      affiliation, or veteran status, be excluded from, be denied the benefit of or be subjected
      to discrimination under any program or activity funded in whole or in part under this
      Agreement. MCMC agrees to comply, and to cause its agents and subcontractors to
      comply, with the provisions of said laws and orders to the extent any such laws and
      orders are applicable in the performance of this Agreement.

D.    MCMC, by acceptance of funds provided under this Agreement, agrees and ensures that
      personnel paid from these funds are duly licensed and/or qualified to perform the
      reqUired services. MCMC further agrees and ensures that all program and/or facility
      licenses necessary to perform the required services are current and that County will be
      notified immediately if such licenses become invalid during the term of this Agreement.



                                             13
                                                   24




 E.    MCMC assures that funds received pursuant to this Agreement will not be used for
       lobbying the Texas legislature or any governmental agency in connection with a
       particular contract.

 F.    MCMC shall pay all subcontractors in a timely manner. County shall have no liability to
       any subcontractors in the event MCMC does not payor delays payment to any
       subcontractors. At termination or expiration of this Agreement, MCMC shall deliver to
       County an affidavit of all bills paid. Final payment shall be contingent upon receipt of
       such affidavits as resolution of all accounting for which County is or may be liable under
       this Agreement.

 G.    MCMC certifies that neither it nor any of its principals is presently debarred, suspended,
       proposed for debarment, declared ineligible, or voluntarily excluded from participating in
       this Agreement by any Federal department or agency.

H.     Best Efforts to Minimize Costs to County. MCMC shall use its best efforts to complete
       each assigned task in as economical a manner as possible and to minimize any charges
       incurred in connection therewith to the maximum extent possible, consistent with
       MCMC's other obligations under this Agreement.

I.     Governmental Consent. MCMC warrants that no consent, approval, or withholding of
       objection is required from any governmental authority with respect to the entering into or
       the performance of this Agreement.

J.    No Actions, Suits, or Proceedings. MCMC warrants that there are no actions, suits, or
      proceedings, pending or threatened, that will have a material adverse effect on MCMC's
      ability to fulfill its obligations under this Agreement. MCMC further warrants that it will
      notify County immediately if MCMC becomes aware of any action, suit, or proceeding,
      pending or threatened, which will have a material adverse effect of MCMC's ability to
      fulfill the obligations under this Agreement.

K.    Warranty of MCMC's Capability. MCMC warrants that it is financially capable of fulfilling
      all requirements of this Agreement and that MCMC is a validly organized entity that has
      the authority to enter into this Agreement. MCMC warrants that it is not prohibited by
      any loan, contract, financing arrangement, trade covenant, or similar restriction from
      entering into this Agreement.

L.    Professional Quality. MCMC warrants to County that all materials and services will be of
      professional quality conforming to generally accepted practices. Any work that is
      determined by County to be less than professional quality will be corrected without
      charge. This warranty is limited to rework of the unsatisfactory product without change
      to the original specifications and without regard to the amount of the effort expended on
      the original work product.

M.    Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which
      prohibits County from entering into a contract with a corporation which is delinquent in
      paying taxes under Chapter 171 of the Texas Tax Code, MCMC, by executing this
      Agreement, hereby certifies that it is not delinquent in its Texas franchise tax payments,
      or that it is exempt from, or not subject to such a tax.




                                            14
                                                      25




 N.     Under Section 231.006 of the Texas Family Code, MCMC certifies to County that the
        owner(s) of at least a 25% interest in MCMC, if applicable, is not delinquent in any child
        support obligation that renders him/her/any of them ineligible to receive payment under
        the terms of this Agreement. MCMC hereby acknowledges that this Agreement may be
        terminated and payment may be withheld if this certification is inaccurate.

 O.    Failure to comply with any of these assurances or any other requirements specified
       within this Agreement will put MCMC in default and/or breach of this Agreement and
       may result, at the sole discretion of County, in the disallowance of funds and the
       withholding of future awards, in addition to any other remedies permitted by law.

 26. CONFIDENTIAL INFORMATION AND OWNERSHIP

 A.    MCMC, including, without limitation, its employees and agents, shall not disclose
       privileged or confidential communications or information acquired in the course of the
       performance of the services under this Agreement, unless authorized by law. MCMC
       agrees to safeguard and adhere to all confidentiality, privacy and security requirements
       according to this Agreement and the applicable federal, State and local rules and
       regulations for all information deemed confidential.

B.     Confidentiality. "Confidential Information" means information designated as confidential
       or which would be recognized as confidential by a reasonable person from its nature and
       the circumstances surrounding its disclosure. Confidential Information includes, without
       limiting the generality of the foregoing, County Software, County Data, the terms of this
       Agreement, and information: (1) relating to the Disclosing Party's current or planned
       software (whether in object code or source code form) or hardware products or services,
       technical and non-technical information, formulae, tools, patterns, compilations,
       programs, devices, techniques, drawings, methodologies and processes; (2) relating to
       Disclosing Party's business, policies, strategies, operations, finances, plans or
       opportunities, including the identity of, or particulars about, the County's clients,
      customers or service providers; (3) marked or otherwise identified as confidential,
      restricted, secret or proprietary, including, without limiting the generality of the foregoing,
      information acquired by inspection or oral disclosure provided such information acquired
      by inspection or oral disclosure provided such information was identified as confidential
      at the time of disclosure or inspection; or (4) relating to individual health information,
      including without limitation, mental health information, sexually transmitted diseases
      information, and HIV-AIDS related information.

C.     Exceptions. Notwithstanding the foregoing, Confidential Information does not include
       information that the Receiving Party can establish: (1) has become generally available to
       the public or commonly known in either Party's business other than as a result of a
       breach by the Receiving Party of any obligation to the Disclosing Party; (2) was known to
       the Receiving Party prior to disclosure to the Receiving Party by the Disclosing Party by
      reason other than having been previously disclosed in confidence to the Receiving
      Party; (3) was disclosed to the Receiving Party on a non-confidential basis by a third
      party who did not owe an obligation of confidence to the Disclosing Party with respect to
      the disclosed information; (4) was independently developed by the Receiving Party
      without any recourse to any part of the Confidential Information; or (5) in the case of
      County, any information related to the services which County has publicly disclosed in
      connection with an RFP for information technology services, including, without limitation,
      information of an operational, technical or financial nature related to County.



                                              IS
                                                         26




      D.      Use of Confidential Information. During the term of this Agreement, the Receiving Party
              may: (1) disclose Confidential Information received from the Disclosing Party only to its
             employees, agents, officers, directors, attorneys, and subcontractors who have a need
             to know such information exclusively for the purpose of performing pursuant to this
             Agreement and who have executed a non-disclosure agreement containing provisions
             no less restrictive than those contained herein, who are subject to other equivalent
             means to ensure confidentiality; (2) reproduce the Confidential Information received from
             the Disclosing Party only as required to perform pursuant to this Agreement; and (3)
             disclose Confidential Information as required by law, proVided the Receiving Party gives
             the Disclosing Party prompt notice prior to such disclosure to allow the Disclosing Party
            to make a reasonable effort to obtain a protective order or otherwise protect the
            confidentiality of such information. Except as otherwise specifically provided in this
            Agreement, the Receiving Party shall not during the term and after expiration or earlier
            termination of this Agreement: (1) disclose, in whole or in part, any Confidential
            Information received directly or indirectly from the Disclosing Party; or (2) sell, rent,
            lease, transfer, encumber, pledge, reproduce, publish, market, transmit, translate,
            modify, reverse engineer, compile, disassemble or otherwise use the Confidential
            Information in whole or in part.

     E.     Care. The Receiving Party shall exercise the same care in preventing unauthorized
            disclosure or use of the Confidential Information that it takes to protect its own
            information of a similar nature, but in no event less than reasonable care.

     F.    Return of Confidential Information. Immediately upon the Disclosing Party's request,
           and at the expiration or earlier termination of this Agreement or any other applicable
           renewal or extension hereto, the Receiving Party shall return or destroy all materials
           containing Confidential Information, including without limitation, all originals, copies,
           reproductions and summaries, and all copies of Confidential Information present on
           magnetic media, optical disk, volatile memory or other storage device, in a manner that
           assures the Confidential Information is rendered unrecoverable.

 G.        Notwithstanding the foregoing, County agrees, to the extent permitted by the Public
           Information Act, to keep confidential (and store in a secure area with limited access) and
           will not copy, publish, sell, exchange, disclose, or provide to others or use any
           information, documents or data, provided to or disclosed to County, or any information
           related to this Agreement, including, but not limited to, any exhibit, attachment,
           amendment, addendum, or other incorporated document, for any purposes other than
           performing County's obligations under this Agreement, unless prior written notification is
           given by County that such specified item will be released under the Public Information
           Act.

H.         Confidential or Proprietarv Marking. Any information or documents MCMC uses in the
           performance of the services provided under this Agreement that MCMC considers
           confidential or proprietary or that contains trade secrets must be clearly marked
           accordingly. This marking must be explicit as to the designated information. The
           designation, however, may not necessarily guarantee the non-release of the documents
           or information under the Texas Public Information Act or otherwise required by law

I.         Ownership of County Data. All County Data shall remain the property of County. The
           County Data shall not be used by MCMC other than in connection with proViding the



                                                 16
                                                     27



        services pursuant to this Agreement, disclosed sold, assigned, leased or otherwise
        provided to third parties by MCMC, or commercially exploited by or on behalf of MCMC,
        its employees, officers, agents, subcontractors, invitees, or assigns in any respect.
        MCMC shall not delete or destroy any County Data or media on which County Data
       resides without prior written authorization of County (acting through the County
       Commissioners Court, County Commissioners Court Administrator, and County Contract
       Manager). At no cost to County, MCMC shall upon request promptly return to County, in
       the format and on the media in use as of the date of the request, any and all requested
       portion of any County Data it may possess or control.

 J.    County Software. County shall identify the County Software, if any, that MCMC is
       authorized to use to perform the services pursuant to this Agreement and specify the
       rights of MCMC to use the County Software for the benefit of the County.

 K.    Contractor Software. MCMC shall identify any MCMC Software that will be used to
       provide the services under this Agreement. Without the fully informed written consent of
       the County (acting through the County Commissioners Court, County Commissioners
       Court Administrator, or County Agreement Manager), MCMC shall not use in performing
       the services pursuant to this Agreement any MCMC Software that is not commercially
      available to County. MCMC shall install, operate and maintain, at its own expense, any
       MCMC Software needed to provide the services pursuant to this Agreement. MCMC
      hereby grants to County, its contractors and subcontractors, to the extent necessary or
      desirable for County or such contractors and subcontractors to perform the services
      pursuant to this Agreement, a worldwide, perpetual, royalty-free, nonexclusive license to
      use and modify MCMC Software for the sole and exclusive benefit of County. Except for
      the foregoing license, MCMC shall retain all right, title and interest in and to MCMC
      Software.

L.    Use of Concepts. Nothing in this Agreement shall restrict a party from the use of any
      ideas, concepts, know-how, methods or techniques that such party, individually or jointly,
      develops or discloses under this Agreement or obtains from third parties, except to the
      extent that such use infringes the other party's patent rights, copyrights or other
      intellectual property rights or involves a disclosure or use of the other party's Confidential
      Information.

M.     Security. MCMC will comply with the security procedures that are in effect during the
      term of this Agreement for the security of County's facilities and County Data. Since
      MCMC personnel may have the ability to defeat systems security provisions on devices
      containing related and unrelated confidential information or data, MCMC covenants that
      it shall not access such County data or information or assert waiver of these
      confidentiality requirements by virtue of MCMC's access.

N.    County Ownership of Work Product and Intellectual Property. MCMC agrees that any
      and all work, including, but not limited to, any and all analyses, evaluations, reports,
      memoranda, letters, ideas, formulae, processes, methodologies, tools, patterns,
      compilations, programs, devices, techniques, drawings, software, hardware, firmware,
      books, manuals, and films that are developed, prepared, conceived, made or suggested
      by MCMC for County pursuant to this Agreement, including all such developments,
      enhancements, and modifications that are originated or conceived during the term of this
      Agreement and are completed and reduced to writing or any other tangible form
      thereafter (hereinafter, the "Work Product") is and shall remain the exclusive property of



                                             17
                                                    28



         County. MCMC further agrees that all Work Product that results or could result in the
         production of intellectual property, including, but not limited to, original computer
         programs, computer software, books, manuals, films or other original materials
        (hereinafter, the "Intellectual Property") is and shall remain the exclusive property of
        County. All rights, tille, and interests in and to said property shall vest in County upon
        creation or upon creation in a fixed form. Any rights, tille, and/or ownership interests,
        including patents and copyrights, that MCMC, any subcontractors, or any other workers
        may hold in the Work Product, any other tangible media embodying the Work Product, or
        the Intellectual Property, are hereby irrevocably assigned to County.

 O.      Work for Hire. All work made or performed under this Agreement shall be considered to
         be a "work made for hire" under the copyright laws. County shall have the right to obtain
         and hold in its own name any and all patents, copyrights, trademarks, service marks,
        certification marks, collective marks, registrations, or such other protection as may be
        appropriate to the Work Product and/or Intellectual Property, and any extensions or
        renewals thereof. To the extent that any rights, title and/or interests to any such work
        may not, by operation of law, vest in County or such work may not be considered a
        "work made for hire" under applicable law, MCMC hereby irrevocably assigns to County
        any and all of MCMC's rights, title and interests in and to said property. MCMC shall
        ensure that all rights, title and interests in and to said property are secured to County
        from MCMC and its subcontractors. MCMC agrees to give County, and agrees to
        require its subcontractors to give to County, or any person designated by County, all
        assistance required to perfect the rights, lille, and interests defined in this provision,
        without any charge or expense beyond those amounts payable to MCMC for the
        services rendered pursuant to this Agreement. MCMC shall execute any documents
       and take any other actions reasonably requested by County to accomplish the purposes
       of this provision. If, for any reason, County fails to obtain ownership of the Work Product
       and/or Intellectual Property and such ownership is vested in MCMC, its employees or
       agents, MCMC agrees to (1) promptly and legally transfer such Work Product and
       Intellectual Property to County wherever possible and (2) wherever not possible,
       promptly grant to County a perpetual, exclusive, royalty-free and irrevocable license to
       use the Work Product and Intellectual Property for any purpose, and to assign and
       sublicense its license rights. In the event MCMC, for any reason, shall have or claim any
       rights, title, and/or interests in or to said property, County reserves a royalty-free,
       nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to
       authorize others to use, for County purposes: (1) the copyright in any work developed
       under this Agreement; and (2) any rights of copyright to which MCMC, or its
       subcontractors, purchases ownership under this Agreement.

P.     Survival. The provisions of this Section shall survive termination or expiration of this
       Agreement or any determination that this Agreement or any portion hereof is void,
       voidable, invalid or unenforceable.

27. TRANSITION SERVICES REQUIRED OF MCMC

Upon notice of termination and/or expiration of this Agreement, the County shall immediately
have the right to audit any and all records of MCMC relating to this Agreement. Moreover, upon
termination and/or expiration date of this Agreement, MCMC agrees to transition the services
provided herein in a cooperative manner and provide anything requested from the County at no
additional cost, including, but not limited to the following, upon date of termination and/or
expiration: (i) All Agreement and services documentation identified in a complete, neat and



                                             18
                                                          29



 orderly manner; and (ii) Good faith pledge to cooperate with County upon transition of services
 to another contractor or County department providing the same or similar services; and (iii) Final
 accounting of all income from the Agreement; and (iv) Downloading and removal of all County
 information from MCMC's equipment and software; and (v) Removal of MCMC services without
 affecting the integrity of County's systems; and (vi) All Records and County property. This
 provision shall survive Agreement termination. MCMC agrees to allow County to continue to
 utilize MCMC's software until such time as County has completed processing all citations begun
 within term of Agreement, or any extension thereto.

 28. SIGNATORY WARRANTY

 The person or persons signing and executing this Agreement on behalf of MCMC, or
 representing themselves as signing and executing this Agreement on behalf of MCMC, do
 hereby warrant and guarantee that he, she or they have been duly authorized by MCMC to
 execute this Agreement on behalf of MCMC and to validly and legally bind MCMC to all terms,
 performances and provisions herein set forth.

         EXECUTED THIS                       DAY OF                                         200_ _.


 COUNTY:                                                  MCMC:



 BY:     Margaret Keliher                                BY:     Dr. Bret Johnson
         Dallas County Judge                                     Program Director



 Recommended:



BY:     Zachary Thompson, Director
        Dallas County Health & Human Svcs.



*Approved as to Form:
                          ,,--   /




       ~/';~);:it;;e~'"
BY:



'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 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).




                                                 t9
                                                        30




                           EXHIBIT A:     RELEASE AND WAIVER OF CLAIMS


         Background. Dallas County ("County"), on behalf of the Dallas County Health and Human
 Services Department ("DCHHS"), and the Methodist Health System d/b/a Methodist Charlton Medical
 Center ("MCMC"), on behalf of its Family Practice Residency Program, have entered into an Agreement
 ("Agreement") to provide a setting for the undersigned registered eligible second-year Family Practice
 Student/Resident of MCMC ("Resident"). to gain clinical experience in the field of public health
 ("Program").

           Release and Waiver of Claims. The undersigned Resident, to the fullest extent allowed by
 law, agrees to waive, release, indemnify and hold harmless County, including its officers and
 employees, against any and all losses, damages, injuries (including death), causes of action,
 claims, demands, liabilities, judgments, suits, losses, damages, fines, assessments, penalties,
 adverse awards and/or other expenses, of any kind or nature whatsoever (whether based upon
tort, breach of contract, failure to obtain worker's compensation insurance, or otherwise),
 including, without limitation, legal and related legal fees and expenses, of any kind or nature that
 are incurred by or sought to be imposed on County arising out of or on account of, or resulting
from injury (including death), whether known or unknown, including, but not limited to, exposure
to any disease, by any manner or method whatsoever, or damage to property (Whether real,
personal or inchoate), arising out of or in any way related (whether directly or indirectly, causally
or otherwise) to the Agreement and/or the performance of, attempted performance of, or failure to
perform, operation or work by Resident, or by County, its contractors, or its subcontractors,
and/or any other person or entity. This indemnification shall apply, whether or not any such injury
or damage has been brought on any theory of liability, intentional wrongdoing, strict product
liability, County's negligence, or breach of non-delegable duty.

        Resident's Warranty and Certification. Resident warrants and certifies by his/her signature
below that:

       1)      Resident is over eighteen (18) years of age and fully qualified;
       2)      Resident has read the full text of this document; and
       3)      This Release and Waiver of Claims shall be binding upon the Resident, his/her heirs,
               successors, assigns, administrators and executors.




Printed Name of Resident                               Signature of Resident


       Sworn to and Subscribed before me on this           day of                            200_.




                                              Notary Public in and for the State ofTexas




                                              My Commission Expires (SEAL)




                                               20
                                                                    31




                 EXHIBIT B:           WORKFORCE CONFIDENTIALITY AGREEMENT (AGREEMENT)

  I understand that Dallas County Health and Human Services COCHHS"), including its employees/assignees/affiliates,
  has a legal and ethical responsibility to maintain the privacy and confidentiality of individual information, protected
  health information (PHI), or information related to or held by DCHHS, including obligations to protect and safeguard
  the confidentiality and privacy of such information,

  By signing this document, I understand and I agree that:

            I am familiar, or shall become familiar within a reasonable time period, with DCHHS' policies and
            procedures.

           I shall maintain and safeguard the confidentiality of my personal access code(s), user identification(s),
           access key(s) and/or password(s) used to access computer systems or other equipment Should I discover
           that the confidentiality of my access code(s), user identification(s), access key(s), and/or password(s) has
           been compromised, I will immediately change it as well as notify my supervisor.

           I shall not access or view any information other than what is required to do my job. If I have any question
           about whether access to certain information is required for me to do my job, I shall immediately consult the
           OCHHS policies and procedures and/or ask my supervisor for clarification.

           I shall not use or disclose, orally, in writing, electronically or otherwise, any individual information, PHI, or
           information related to or held by DCHHS unless such use or disclosure complies with DCHHS' policies and
           procedures, the federal and State laws, and is required for the performance of my job. I understand the
           possible methods of unauthorized use and disclosure include, but are not limited to, unauthorized
           transmissions, electronic or manual removals or transfers, copies (on any medium), inquiries, modifications,
           or purging of information.

           I shall not discuss or reveal any individual information, PHI, or information related to or held by OCHHS in an
           area where unauthorized individuals may hear or see such information, even if specifics, such as an
           individual's name, are not used. I understand that possible areas to keep in mind include, but are not limited
           to, hallways, elevators, cafeteria, public transportation, restaurants, and social events.

          I shall not make inquiries about any information for any person or party, including, but not limited to, any
          family member, a friend, a third party, an employee or associate of DCHHS, Who does not have proper
          authorization to access such information.

          I shall immediately return all property, including, but not limited to, keys, documents, and 10 badges to
          OCHHS upon termination (with or without cause) of my employment/assignment/affiliation with DCHHS.

          My obligations under this Agreement regarding individual information, PHI, or information related to or held
          by OCHHS shall survive or continue after the termination (With or without cause) of my
          employmentiassignmentiaffiliation with DCHHS.

          Any violation by me of this Agreement may result in disciplinary action, up to and including termination of my
          employment/assignment/affiliation with OCHHS and/or suspension, restriction or loss of privileges, in
          accordance with DCHHS' policies, as well as potential personal civil and criminal legal liabilities.

          Any individual information, PHI, or information and records related to or held by DCHHS that I access or
          view at DCHHS do not belong to me.

By my signature below, I acknowledge that I have read and understand this Agreement in its entirety and I agree to
comply with all of the above stated terms as a condition of my employment/assignment/affiliation.



Signature of Employee/Physician/SludentIVolunteer/Affillate        Date




Printed Name




                                                              21
                                                    32




        DALLAS COUNTY
        DEPARTMENT OF HEALTH AND HUMAN SERVICES
                                           "." >,
        Health Division                    • : ...

        Zachary Thompson
        Director




MEMORANDUM


TO:            COMMISSIONERS COURT

FROM:          Zachary Thompson. Director

DATE:          November 22, 2005

SUBJECT:       RENEWAL AGREEMENT WITH THE UNIVERSITY OF TEXAS SOUTHWESTERN
               MEDICAL CENTER AT DALLAS AND PARKLAND HEALTH & HOSPITAL
               SYSTEM


BACKGROUND

The University ofTexas Southwestern Medical Center at Dallas CUT Southwestern") and Parkland
Health and Hospital System ("PHHS") desires to contract with Dallas County Health and Human
Services for the provision of opportunities for third year residents to work with a public health
agency, observing inspections in Environmental Health, TB x-rays and examinations; examining
babies; and investigating communicable diseases in the Communicable Disease Clinic.

OPERATIONAL IMPACT

There is no operational impact to Dallas County.

LEGAL IMPACT

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

FISCAL IMPACT

There is no financial impact to Dallas County.

PROJECT SCHEDULE

This Agreement shall be effective. November 22. 2005 through September 30. 2006.


2377 N.Stemmons Freeway             Dallas, Texas 75207-2710               Office (214) 819·1870
Suite 600 • LB 12                                                           FAX (214) 819·6012
                                                 33



                                                                      Commissioners Court
                                                                        November 22, 2005
                                                                                  Page 2


RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve
the Agreement with the University of Texas Southwestern Medical Center at Dallas Family and
Community Medicine Program, and Parkland Health and Hospital System, and authorizes the
County Judge to sign the Agreement on behalf of Dallas County.

Recommended by:      -7'~~~~'<::-~~~~~:;;:::'~,L
                                           irector

c:     J. Allen Clemson, Court Administrator
       Virginia Porter, County Auditor
       Ryan Brown, Budget Officer




2377 N.Stemmons Freeway          Dallas, Texas 75207·2710              Office (214) 819·1870
Suite 600 • LB 12                                                       FAX (214) 819·6012
                                                      34




 STATE OF TEXAS                 §       MEMORANDUM OF AGREEMENT AMONG
                                §       DALLAS COUNTY, ON BEHALF OF DALLAS
                                §       COUNTY HEALTH AND HUMAN SERVICES, AND
                                §       THE UNIVERSITY OF TEXAS SOUTHWESTERN
                                §       MEDICAL CENTER AT DALLAS, ON BEHALF OF
                                §       ITS DEPARTMENT OF FAMILY AND
                                §       COMMUNITY MEDICINE, AND PARKLAND
 COUNTY OF DALLAS               §       HEALTH & HOSPITAL SYSTEM


 I. PARTIES

 Whereas, the University of Texas Southwestern Medical Center at Dallas ("UT Southwestern") is
 an agency ofthe State ofTexas, Dallas County Hospital District ("DCHD") d/b/a Parkland Health &
 Hospital System ("PHHS") is a political subdivision of the State of Texas and DCHD, and Dallas
 County ("County") is a political subdivision ofthe State of Texas; and

 Whereas, it is the desire ofUT Southwestern and PHHS to gain additional public health educational
 sites for teaching purposes by contracting with County; and

Whereas, UT Southwestern and PHHS recognize that clinical practice under appropriate guidance
and supervision is essential for the development ofeffective skills, clinical judgment, and sense of
professional responsibility for the duly registered eligible third-year Residents of the UT
Southwestern Department of Family and Community Medicine ("Residents"); and

Whereas, it is the desire ofUT Southwestern, PHHS and County to have Residents participate in the
clinical experiences in the field of public health at clinics operated by the County and that will be
mutually coordinated to enhance the public health education of Residents; and

Whereas, providing Residents with clinical learning experiences at Dallas County Health and
Human Services ("DCHHS") will benefit the County as well as serve and further the public purpose;
and

Whereas, Residents will continue to receive their regular salaries and benefits from PHHS.

Now, therefore, this Memorandum of Agreement ("MOA") is made and entered into by and among
UT Southwestern, an institution of higher education of the State of Texas located at 5323 Harry
Hines Boulevard, Dallas, Texas 75390-9067, PHHS located at 5201 Harry Hines Boulevard, Dallas.
Texas 75235, and County, on behalf of the Dallas County Health and Human Services (DCHHS),
pursuant to the authorities granted by Texas Government Code, Chapter 791 "Interlocal Cooperation
Act," and Texas Health and Safety Code, Chapter 122 "The Powers and Duties of Counties and
Municipalities Relating to Public Health," for providing mutually beneficial public health clinical
experiences to Residents.
                                                          35



     II. TERM

 Unless otherwise stated, this MOA shall be effective from November 22, 2005 through September
 30,2006.

 III. TERMINATION

 Either party may terminate this MOA and any renewal thereof, with or without cause, by written
 notice to the other party at least thirty (30) days prior to the desired termination date.

 IV. UT SOUTHWESTERN'S AND/OR PHHS' RESPONSIBILITIES

 A. Plan, implement, and administer the curriculum;

 B. Provide information concerning rotation dates, and numbers of Residents, beginning on the
    date requested by County;

 C. Furnish the names of Residents assigned to County's facility;

 D. Provide an Academic Coordinator for the clinical training to assist with instruction and
    evaluation;

E. Ensure that the Residents have professional liability insurance;

F. Provide information, advice and consultation on clinical training/education

G. Maintain close contact with relevant County personnel during clinical rotations to evaluate the
   Residents and determine that County is fulfilling its obligations to the Residents;

H. Cooperate and see that Residents abide by all County and DCHHS rules, regulations, policies
   and procedures;

I.    Provide an appropriate instrument for evaluation of the clinical experience, and familiarize
      both Residents and clinical instructors in the use of this instrument; and

J.    Require each Resident to read, sign and submit to County prior to starting his/her rotation at
      DCHHS a copy of the "Workforce Confidentiality Agreement," attached hereto as "Exhibit A,"
      and incorporated herein for all purposes.

V. COUNTY'S RESPONSIBILITIES

A. Provide the clinical experience under the supervision of qualified personnel who meet the
   relevant industry's minimum standards;

B. Provide staff and related resources necessary to implement the clinical learning experiences of
   the Residents;

                                                      2
                                                            36



     C. Appoint a County representative to serve as eoordinator of the clinical education, whose
        responsibilities will be to ensure the following:

         I. Orient the Residents to each particular Dallas County program;

         2. Plan the learning experiences;

        3. Evaluate each Resident's performance; and

        4. Provide the orientation and supervision of clinical instructors.

     VI. MUTUAL ASSURANCES

     A. The number of Residents assigned to the clinical rotation shall accommodate the administrative
        needs and schedules of the residency and County's programs;

     B. Except as stated otherwise in this MOA, there shall be no financial obligation between UT
        Southwestern and County, nor between PHHS and County;

 C. The parties shall inform each other of changes in personnel actively involved in the clinical
    training/education;

 D. Anyone of the three parties may discontinue the clinical rotation term of a Resident for any
    reason, following consultation among the parties' appropriate representatives and after following
    appropriate due process procedures;

 E. Residents will be assigned without regard to race, religion, sex, creed or national origin;

 F. No Resident shall be considered the agent or employee of County;

 G. County retains exclusive control of County's premises, operations, and all aspects of patient
    services.

H. UT Southwestern shall provide to County satisfactory evidence that eaeh Resident is free from
   contagious disease prior to Resident's placement at DCHHS;

       I. Each Resident shall be required to pass any health examination required and administered by
          County, including drug and alcohol screening tests;

       2. Resident shall immediately notify his or her Supervisor at DCHHS if the Resident is exposed
          to blood or body fluids during training at DCHHS through a needle stick, splash, laceration
          or other high-risk exposure;

I.     In the event of a notification by Resident of his or her exposure to blood or body fluids during
       training at DCHHS through a needle stick, splash, laceration or other high-risk exposure,
       DCHHS shall:

                                                        3
                                                          37



     1. Complete an occurrence report in accordance with County policy;

     2. Send a copy ofthe occurrence report to the Chairman of the UT Southwestern Department of
        Family and Community Medicine;

     3. Provide or arrange for the provision of immediate evaluation and treatment for such
        exposure as recommended in accordance with the Center for Disease Control guidelines.
        Resident shall be responsible for the cost and follow-up treatment involving Resident.

VII. INDEMNIFICATION

County, PHHS, aud UT Southwestern (iucluding each party's respective employees, agents,
officers, volunteers, and Residents) agree that each shall be responsible for its own negligent
acts or omissions or other tortious conduct in the course of performance ofthis MOA, without
waiving any sovereign immunity available to County, PHHS or UT Southwestern under Texas
law and without waiving any available defenses 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.

VIII. INSURANCE

A. UT Southwestern and PHHS agree that they will at all times during the term of this MOA
   maintain in full force and effect self-insurance to the extent permitted by applicable law under a
   plan ofself-insurance that is also maintained in accordance with sound accounting practices. UT
   Southwestern and PHHS shall furnish (upon request) to County with satisfactory evidence of the
   existence of an insurance reserve adequate for the risks involved hereunder. It is expressly
   agreed that UT Southwestern and PHHS will be solely responsible for all cost ofsuch insurance;
   any and all deductible amounts in any policy; and in the event that the insurance company
   should deny coverage.

B. It is the intent of these provisions that insurance cover all cost allowed by Texas law so that
    County will not sustain any expense, cost, liability or financial risk as a result ofthe performance
    of services under this MOA and that the Residents' liabilities are similarly covered at the
    DCHHS site as they would be at any of the other PHHS or UT Southwestern's training sites.
    Minimum insurance is a condition precedent to any work performed under this MOA and for the
   entire term ofthis MOA, including any renewals or extensions. If any ofthe minimum insurance
   required under this MOA lapses, is reduced below minimum requirements or is prematurely
   terminated for any reason, the County shall withhold any and all payments due UT Southwestern
   and PHHS until UT Southwestern and PHHS demonstrate compliance with the MOA
   requirements and provide security satisfactory to County for the potential liability resulting from
   the lack of required insurance. This provision shall survive the MOA termination. Such
   insurance ofUT Southwestern and PHHS shall provide, at a minimum, the following coverages:

   1. Workers' Compensation Self-Insurance. Meeting the statutory requirements of the Texas
      Workman's Compensation Act;



                                                      4
                                                         38



     2. Resident's Health Insurance. UT Southwestern and PHHS shall require and Resident shall
        have and maintain during the full term of any participation under this MOA health insurance
        that will include, but not limited to, evaluation and treatment for any exposure to blood or
        body fluids in accordance with the Center for Disease Control guidelines, any bodily injuries
        and all follow-up or other medical or psychological treatment resulting from such exposure.
        Such insurance shall be provided at the sole cost and expense of the Resident, PHHS or UT
        Southwestern. UT Southwestern, PHHS and Resident agree to waive subrogation and
        insurance policy shall contain a waiver of subrogation against County;

     3. Professional Liability Insurance. Pursuant to The University ofTexas System Professional
        Medical Liability Benefit Plan, UT Southwestern will maintain coverage in the amounts of
        One Hundred Thousand and 00/1 00 Dollars ($100,000.00) per claim and Three Hundred
        Thousand and 00/1 00 Dollars ($300,000.00) annual aggregate covering the duties performed
        under and during the term of this MOA by UT Southwestern Residents, with certificates of
        insurance evidencing such coverage to be provided to the County.

     4. General Liability. Because UT Southwestern is an agency ofthe State of Texas, liability for
        the tortious conduct of the agents and employees of UT Southwestern (other than medical
        liability ofmedical staffphysicians) is provided for solely by the provisions of Chapters 10 I
        and l04 of the Texas Civil Practice and Remedies Code.

     5. Comprehensive Automotive Liability Insurance. Covering UT Southwestern owned
        vehicles, with the minimum limits of Five Hundred Thousand and 00/1 00 Dollars
        ($500,000.00) per accident for bodily injury and One Hundred Thousand and 00/1 00 Dollars
        ($100,000.00) per accident for property damages.

C. UT Southwestern and/or PHHS shall notify County in the event of any change in coverage and
   shall give such notices not less than forty-five (45) days prior to the change, which notice must
   be accompanied by a replacement Certificate of Insurance.

D. Approval, disapproval or failure to act by the County regarding any insurance supplied by UT
   Southwestern and PHHS shall not relieve UT Southwestern nor PHHS, respectively, of full
   responsibility or liability for damages and accidents as set forth herein. Neither shall
   bankruptcy, insolvency or denial of liability by any insurance company exonerate the UT
   Southwestern or PHHS from liability.

IX. CONFIDENTIALITY

UT Southwestern, and PHHS, including without limitation the Residents, shall safeguard and adhere
to all confidentiality, privacy and security requirements according to the applicable federal, State
and local rules and regulations for all information, including without limitation HIY/AIDS-related
information, accessed while performing under this MOA. UT Southwestern, PHHS and its
Residents shall become familiar with and shall adhere to DCHHS' policies and procedures regarding
information confidentiality, privacy and security. Each Resident shall read, sign and submit to
DCHHS a copy ofthe "Workforce Confidentiality Agreement," which is attached hereto as "Exhibit
A" and incorporated herein for all purposes. The Resident shall not be permitted or allowed to
pmiicipate in this MOA unless such "Workforce Confidentiality Agreement" has been received and
                                                     5
                                                          39




  approved by County.

  X.NOTICE

 Any notice or certification required or permitted to be delivered under this MOA shall be deemed to
 have been given when personally delivered, or ifmailed, seventy-two (72) hours after deposit of the
 same in the United States Mail, postage prepaid, certified, or registered, return receipt requested,
 properly addressed to the contact person shown at the respective addresses set forth below, or at
 such other addresses as shall be specified by written notice delivered in accordance herewith:

 Zachary Thompson, Director                               Samuel Ross, M.D., Interim Chief
 Dallas County Health & Human Svcs.                       Parkland Health & Hospital System
 2377 N. Stemmons Freeway                                 520 I Harry Hines Blvd.
 Dallas, Texas 75207-2710                                 Dallas, Texas 75235

 Shelley Roaten, Jr., M.D., Chair                         COPY TO:
 Univ. TX Southwestern Medical Ctr.                       Shawn Cohenour, Director
 Dept. Family & Community Med.                            Univ. TX Southwestern Medical Ctr.
 5323 Han)' Hines Blvd.                                   Office of Contracts Management
 Dallas, Texas 75390-9067                                 5323 Harry Hines Blvd.
                                                          Dallas, Texas 75390-9062

 XI. ENTIRE AGREEMENT AND AMENDMENT

This MOA, including all Exhibits and Attachments constitutes the entire agreement among the
parties hereto and supersedes any other agreement concerning the subject matter ofthis transaction,
whether oral or written. No modification, amendment, novation, renewal or other alteration of this
MOA shall be effective unless mutually agreed upon in writing and executed by the parties hereto.

XII. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This MOA 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. Words of any gender used in this MOA
shall be held and construed to include any other gender any words in the singular shall include the
plural and vice versa, unless the context clearly requires otberwise. Headings are for the
convenience of reference only and shall not be considered in any interpretation of this MOA.

XIII. SEVERABILITY

If any provision of this MOA is construed to be illegal, invalid, void or unenforceable, this
construction will not affect the legality or validity or any of the remaining provisions. The
unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions
shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.




                                                      6
                                                             40



  XIV. FISCAL FUNDING CLAUSE

 Notwithstanding any provisions contained in this MOA, the obligations of the County under this
 MOA are expressly contingent upon the availability offunding for each item and obligation for the
 term of the MOA and any pertinent extensions. Neither UT Southwestern nor PHHS shall have a
 right of action against County in the event County is unable to fulfill its obligations under this MOA
 as a result of lack of sufficient funding for any item or obligation from any source utilized to fund
 this MOA or failure to budget or authorize funding for this MOA during the current or future fiscal
 years. In the event that County is unable to fulfill its obligations under this MOA as a result oflack
 of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide
 funds from a separate source or may terminate this MOA by written notice to UT Southwestern and
 PHHS at the earliest possible time prior to the end of its fiscal year.

 XV. DEFAULT/CUMULATIVE RIGHTS/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. The rights and remedies provided by this MOA are cumulative, and
 either party's use of 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. Both parties have a duty to mitigate damages.

 XVI. SOVEREIGN IMMUNITY

This MOA is expressly made subject to UT Southwestern's, PHHS' and County's Sovereign
Immunity, Title 5 of the Texas Civil Remedies Code and all applicable State of Texas and
federal laws. The parties expressly agree that no provision of this MOA is in any way intended
to constitute a waiver of any immunity from suit or from liability that the parties or the
County has by operation oflaw. Nothing in this MOA is intended to benefit any third-party
beneficiary.

XVII. COMPLIANCE OF LAWS AND VENUE

In providing services required by this MOA, UT Southwestern and PHHS must observe and comply
with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.
The laws of the State of Texas shall govern this MOA, and venue shall lie exclusively in Dallas
County, Texas.

XVIII. RELATIONSHIP OF PARTIES

ur Southwestern and PHHS, including their Residents, agents, volunteers, officers, or employees.
are independent contractors and not agents, servants, joint enterprisers, joint venturers, or employees
of the County. ur Southwestern, PHHS and County agree and acknowledge that each entity shall
be responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or
employees in conjunction with the performance of work covered under this MOA.



                                                         7
                                                                41




  XIX. SIGNATORY WARRANTY

 UT Southwestern, PHHS and County represent that each has the full right, power and authority to
 enter and perfonn this MOA in accordance with all of the tenns and conditions, and that the
 execution and delivery of MOA have been made by authorized representatives of the parties to
 validly and legally bind the parties to all tenns, performances and provisions set forth in this MOA.



          Executed this                     day of                                                20,      _


 COUNTY:                                                        UT SOUTHWESTERN:




 BY:     Margaret Keliher                                        BY:   Charles M. Ginsburg, M.D.
         County Judge                                                  Associate Dean, Academic Admin.

 Recommended:


                                                                BY:    Shelley Roaten, Jr., M.D.
BY:      Zachary Thompson                                              Professor, Chair & Program Director
         Director, DCHHS


* Approved as to Form:
                                                                PHHS




                                                            BY:



'By law, the District Attorney's Office may only advise or approve contracts oriegal documents on behalfof
its clients. It may not advise or approve a contract or legal document on behalfof 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 attomey(s).




                                                            8
                                                                          42




              EXHIBIT A: WORKFORCE CONFIDENTIALITY AGREEMENT (AGREEMENT)
           understand that Dallas County Health and Human Services ("DCHHS"), including its
        employees/assignees/affiliates, has a legal and ethical responsibility to maintain the privacy and
        confidentiality of individual i'!formation, protected health information (PHI), or information related to or
        held by DCHHS, including obligations to protect and safeguard the confidentiality and privacy of such
        information.

     By signing this document, I understand and I agree that:

     •     I am familiar, or shall become familiar within a reasonable time period, with DCHHS' policies and procedures.

     •     I shall maintain and safeguard the confidentiality afmy personal access cade(s), user identification(s), access keYes)
           and/or password(s) used to access computer systems or other equipment. Should I discover that the confidentiality
           of my access cade(s), user identification(s), access keyes), and/or password(s) has been compromised, I will
           immediately change it as well as notify my supervisor.

    •      I shall !JOt access or view any information other than what is required to do my job. If! have any question about
           whether access to certain information is required for me to do my job, I shall immediately consult the DCHHS
           policies and procedures and/or ask my supervisor for clarification.

    •      I shall not use or disclose, orally, in writing, electronically or othervvise, any individual information, PHI, or
           information related to or held by DCHHS unless such use or disclosure complies with DCHHS' policies and
           procedures, the federal and State laws, and is required for the performance of my job. I understand the possible
           methods of unauthorized use and disclosure include, but are not limited to, unauthorized transmissions, electronic or
           manual removals or transfers, copies (on any medium), inquiries, modifications, or purging of information.

    •      I shall not discuss or reveal any individual information, PHI, or information related to or held by DCHHS in an area
           where unauthorized individuals may hear or see such information, even if specifics, such as an individual's name,
           are not used. I understand that possible areas to keep in mind include, but are not limited to, hallways, elevators,
           cafeteria, public transportation, restaurants, and social events.

 •        I shall not make inquiries about any information for any person or party, including, but not limited to, any family
          member, a friend, a third party, an employee or associate of DCHHS, who does not have proper authorization to
          access such information.

 •        I shall immediately return all property, including, but not limited to, keys, documents, and ID badges to DCHHS
          upon temlination (with or without cause) of my employment/assignment/affiliation with DCHHS.

 •        My obligations under this Agreement regarding individual information, PHI, or information related to or held by
          DCHHS shall survive or continue after the termination (with or without cause) of my
          employment/assignment/affiliation with DCHHS.

•         Any violation by me of this Agreement may result in disciplinary action, up to and including termination of my
          employment/assignment/affiliation with DCHHS and/or suspension, restriction or loss of privileges, in accordance
          with DCHHS' policies, as well as potential personal civil and criminal legal liabilities.

•         Any individual information, PHI, or information and records related to or held by DCHHS that I access or view at
          DCHHS do    /lot   belong to me.

By my signature below, I acknowledge that I have read and understand this Agreement in its entirety and I agree
to comply with all of the above stated terms as a condition of my employment/assignment/affiliation.


Signature of Ernployee/Physician/StudentlVolunteerlAffiliate          Date



Printed Name                                                          Title

                                                                      9
                                                         43



                DALLAS COUNTY
                HEALTH AND HUMAN SERVICES
                GRANTS MANAGEMENT
                                                                              lj       , ,t
                                                                                       1        8:58
Zachary Thompson
Director

TO:             THE HONORABLE COMMISSIONERS COURT

FROM:           ZACHARY S. THOMPSON, DIRECTOR
                HEALTH AND HUMAN SERVICES

DATE:           NOVEMBER 22, 2005

SUBJECT:        BUDGET AMENDMENT TO THE INTERLOCAL COOPERATION
                CONTRACT FOR FY 2003 HOUSING OPPORTUNITIES FOR PERSONS
                WITH AIDS FUNDS

Background of Issue
The United States Department of Housing and Urban Development (HUD) administers the Housing
Opportunities for Persons with AIDS (HOPWA) grant program, These funds are available to provide
housing and related services to persons affected by IllV/AIDS in the Dallas Eligible Metropolitan Statistical
Area (EMSA), which includes Collin, Dallas, Delta, Denton, Ellis, Hunt, Kaufman, and Rockwall counties,
The City ofDallas is the grantee and legal recipient ofthe HOPWA funds. The City ofDallas has entered
into an Interlocal Agreement, by Council Resolution No. 05-2470, with Dallas County Health and Human
Services (DCHHS) to continue to service as the project sponsor, which includes providing short-term and
long-tenn housing. The tenn ofthe Interlocal Cooperation Contract is January 1, 2004 through September
30,2006.

The total FY 2004 HOPWA funds, referred to as HOPWA 03, available to Dallas County are $3,438,440.
The HOPWA 03 funds were allocated as follows: Emergency and Tenant Based Rental Assistance,
$1,610,197; Supportive Services, $916,180; Housing Facility Operations and Lease, $687,118; and
Administrative Costs, $224,945, for a total award of$3,438,440. In June 2004, DCHHS and the City of
Dallas agreed that DCHHS would no longer serve as the administrative agency for HOPWA, and the
contracted services to community based organizations would be conducted by the City of Dallas. It was
also agreed that DCHHS would continue to serve as the project sponsor and provide tenant based and
rental assistance to residents of Dallas County through the DCHHS Housing Opportunities Program.
Because DCHHS is no longer the administrative agency, we are unable to contract the following remaining
amounts in HOPWA 03: $89,902.39 in Housing Facility Operations; $63,492.33 in Supportive Services;
and $11,983.73 in Administrative Costs, for a total of$165,378.45. DCHHS notified the City ofDallas of
the unexpended funds and received approval to return the funds. All funds being returned are contractual.

Fiscal Impact
There is no fiscal impact to Dallas County.

Operational Impact
DCHHS staff will coordinate and monitor the programmatic and fiscal accountability of the HOPWA
program in accordance with the responsibilities assigned to them by the Dallas County Commissioners
Court.
                                                 44

Page 2 - Commissioners Court

Legal Impact
The Dallas County Commissioners Court must approve the budget amendment.

Recommendation
It is recommended that the Dallas County Commissioners Court does hereby approve the budget
amendment to the FY 2003 Housing Opportunities for Persons with AIDS (HOPWA) Interlocal
Cooperation Contract, in the amount of$165,378.45, as presented in Attachment A.


RECOMMENDED BY:
                            iiaClllll;8:JloIRPSO:Director
                            Department of Health and Human Services


Attachments
c:    1. Allen Clemson, Court Administrator
      Virginia Porter, County Auditor
                                                 45


                                                                                Attachment A



                                        HOPWA03
                          Term: January 1, 2004 - September 30, 2006


Cost Categories                 Budl!et Amouut                 Returned Funds
Housing Facility Operations     $687,118                       $89,902.39

Supportive Services             $916,180                       $63,492.33

Administrative Costs            $224,945                       $11,983.73

Total                                                          $165,378.45
                                                          46


            Dallas County
            Health and Human Services
            Grants Management

Zachary Thompson
Director



TO:               THE HONORABLE COMMISSIONERS COURT

FROM:             ZACHARY S. THOMPSON, DIRECTOR
                  DALLAS COUNTY HEALTH AND HUMAN SERVICES

DATE:             NOVEMBER 22, 2005

SUBJECT:          REALLOCATION OF FY 2005-2006 RYAN WHITE C.A.R.E. ACT TITLE II
                  CONTRACT AWARDS


Background of Issue
The Dallas County Judge is the grantee and legal recipient ofRyan White C.ARE Act (Ryan White) Title
II funds for the Dallas Health Services Delivery Area (HSDA). The HSDA is inclusive of Collin, Cooke,
Dallas, Denton, Ellis, Fannin, Grayson, Hunt, Kaufman, Navarro, and Rockwall Counties. Dallas County
Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for Ryan White
Title II funds for the Dallas HSDA DCHHS tracks the expenditure of funds by service providers
throughout the contract period and makes recommendations, when appropriate, to reallocate funds. In
accordance with the provisions ofTitle II ofthe Ryan White C.AR.E Act, the grantee appoints members to
serve on the Ryan White Consortium ofNorth Texas (Consortium). The Consortium is charged with the
responsibility of establishing priorities for the allocation of Title II funds and determining the categorical
allocation of funds by service category.

The FY 2005-2006 Ryan White Title II award, in the amount of $2,325,367, is allocated as follows:
$2,083,416 to service providers, $29,000 for Consortium Support, and $212,951 for Program
Administration.

Due to a cancelled contract with AIDS Resources ofRural Texas, $12,703.95 is available for reallocation.
On October 12, 2005, DCHHS issued competitive one-page request for proposals (RFP) to subcontractors
who applied for and were awarded funding through the FY 2005-2006 Ryan White Title I, Title I MAl, and
Title II RFP process. The total funds available under this RFP were $12,703.95 in the following service
categories: $8,876.25 in Food Pantry and $3,827.70 in Transportation. The proposals were reviewed by an
Internal Review Committee (IRe). DCHHS has reviewed the initial recommendations by the IRC and is
making final recommendations for the award of contracts in the amount of $12,703.95 to the specific
service providers as presented in Attachment A

Fiscal Impact
There is no fiscal impact to Dallas County



2377 N. Stemmons Freeway                     Suite 200, LB-16                            office 214.819.1849
Dallas, Texas 75207-2710                                                                   fax 214819.6023
                                                       47

Page 2 - Commissioners Court


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

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

Recommendation
It is recommended that the Dallas County Commissioners Court does hereby approve the reallocated funds
for the FY 2005-2006 Ryan White CAR.E. Act Title II grant in the amount of$12, 703.95 to the specific
service providers as presented in Attachment A, and authorize the County Judge to sign the contract



                                       a:
amendments on behalf of Dallas County.


RECOMMENDED BY:              -;:..,.             .£-.k€?"J
                                               .7'
                         zJlltl'lTY Th pson, Direct';
                         Dallas County Health and Human Services


Attachment
C:     1. Allen Clemson, Court Administrator
       Virginia Porter, County Auditor
                                                                                 48
         FY 2005-2006 Ryan White Title II Award                                                     ATTACHMENT A




                                                      Medical Case Mana ement
                    AIDS Resources of                  Outpatient Medical Care
                       Rural Texas                      Drug Reimbursement
                                                            Food Pantry
                                                         Case Management
                                                           Mental Health
                                                           Trans ortation



                  AIDS Resource Center                    Case Management               46,537.00    46,537.00
                       ofTexoma                         Drug Reimbursement              19,207.00    19,207.00
                                                            Food Pantry                  9,572.00     9,572.00
                                                        Insurance Assistance            13,050.00    13,050.00
                                                       Outpatient Medical Care          54,581.00    54,581.00
                                                           Transportation               23,909.00    23,909.00
                                                              TOTAL                    16 56,00     166856.00

                                                         Case Management                43,138.00
              Dallas County Hospital District           Drug Reimbursement              12,424.00
                      d.h.a. Parkland                 Medical Case Management           22,345.00
               Health and Hospital System              Outreach - Lost to Care          90,000.00
                                                       Outpatient Medical Care         294,613.00




                                                Unobligated Funds-Cancelled Contract
              TAL FY 2005-2006 TITLE II AWARD
I 1f!4i2005
                                                      49


            DaUas County
            Health and Human Services
            Grants Management

Zachary Thompson
Director


TO:             THE HONORABLE COMMISSIONERS COURT

FROM:           ZACHARY S. THOMPSON, DIRECTOR

DATE:           NOVEMBER 22, 2005

SUBJECT:        REALLOCATION OF FY 2006 STATE OF TEXAS mv HEALTH AND SOCIAL
                SERVICES (STATE SERVICES) SUBCONTRACT AWARDS

Background of Issue
The Dallas County Judge is the grantee and legal recipient of the State of Texas HIV Health and
Social Services (State Services) Grant funds. Dallas County Health and Human Services (DCHHS) is
designated to serve as the Administrative Agency for State Services funds for the Dallas and
Sherman-Denison HIV Service Delivery Areas (HSDA), which include Collin, Cooke, Dallas,
Denton, Ellis, Fannin, Grayson, Hunt, Kaufman, Navarro, and Rockwall counties. In accordance
with the provisions ofthe Texas Department ofHealth, the Administrative Agency is responsible for
distributing State Services funds to eligible service providers in the Dallas HSDA. The FY 2006
contract between the Department of State Health Service (DSHS) and DCHHS (DSHS Document
No. 7560009056 2006, Contract Change Notice No. 13, Attachment No. 12), in the amount of
$1,227,049, to perform HIV health and social services funded under the 2005-2006 State Services
grant, is attached.

The FY 2006 State Services award in the amount of$I,227,049 is allocated as follows: $1,109,190
to be awarded to service providers and $117,859 to DCHHS for administration (including staff
salaries, benefits, equipment, and supplies). Ofthe $1, I 09, 190 allocated to service providers, $9,751
remained unobligated.

On October 12, 2005, DCHHS issued a one-page request for proposals to subcontractors who
applied for and were awarded funding through the FY 2006 State Services RFP process. The total
funds available under this RFP were $9,751 in Transportation Assistance. The proposals were
reviewed by an Internal Review Committee (IRC). DCHHS has reviewed the initial recommendations
by the IRC and is making fmal recommendations for the award of contracts in the amount of$9,751
to the specific service providers as presented in Attachment A.

Fiscal Impact
There is no fiscal impact to Dallas County.

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

2377 N. Stemmons Freeway             Suite 200, LB-16                    Office 214.819.1849
Dallas, Texas 75207-2710                                                  FAX 214.819.6023
                                                   50

Page 2 - Commissioners Court


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

Recommendation
It is recommended that the Dallas County Commissioners Court does hereby approve the reallocated
funds from the FY 2006 State Services grant, in the amount of $9,751, to the specific service
providers as presented in Attachment A, and autborize the County Judge to sign the contract
amendments on behalf ofDallas County.



RECOMMENDED BY:            ~~b,:s;:....J
                       Zjlci\llrYTllOSOll:mrect~
                       DaUas County Health and Human Services

Attachment
C:     J. Allen Clemson, Court Administrator
       Virginia Porter, Coun1y Auditor
                                                                51
FY 2005-2006 Department of State Health Services (DSHS) Award        ATTACHMENT A




   J 111412005
                                                52

             Dallas County
             JUVENILE DEPARTMENT

                                                               r'



                                    MEMORANDUM
Date:         November 15, 2005

To:           Dallas County Commissioners Court

From:         Michael K. Griffiths, Director

Re:           Estoppel Letter and SNDA for JJAEP Facility
Background of Issue

Dallas County leases the JJAEP facility at 1673 Terre Colony Court from Sealy Wheless
Buildings, LP. Dallas County assumed the lease from the former JJAEP contractor,
Keystone. The owner is in the process of refinancing the property with Greenwich Capital
Financial Properties, Inc. and has requested an Estoppel Letter and Subordination, Non-
Disturbance, and Attornment Agreement (SNDA) for the property. These documents
confirm compliance with the terms of the existing lease and that the terms will remain in
effect with the new mortgage. There will be no change to the rent amount or other terms
of this lease, which runs through August 31,2010.

Impact On Operations And Maintenance

Impact On Operations and Maintenance is not applicable.

Legal Information

Both Dallas County and the Dallas County Juvenile Board are parties to the lease. The
documents will be presented for Juvenile Board approval at the November 28, 2005
meeting. The documents have been submitted to Assistant District Attorney Joel Winful
for his review.

FinanciallmpactlConsiderations

There will be no change to the rental costs for the JJAEP facility.

Project Schedule/Implementation

The JJAEP is an ongoing operation.

Performance Measures

There are no performance measure issues related to these lease documents.




2600 Lone Star Drive, Box 5          Dallas, Texas 75212               (214) 698-2200
                                                         53


MIWBE
Not applicable to this briefing

Recommendation

It is recommended that the Dallas County Commissioners Court approve the Estoppel
Letter and Subordination, Non-Disturbance, and Attornment Agreement (SNDA) with
Greenwich Capital Financial Properties, Inc. for the JJAEP facility at 1673 Terre Colony
Court and authorize the Dallas County Judge to sign the documents on behalf of Dallas
County.



Recommended by:
H:\CCTI2005 8riefings\JJAEP Es!oppeI2,wp<.!




2600 Lone Star Drive, Box 5                   Dallas, Texas 75212     (214) 698-2200
                                                    54




                             TENANT ESTOPPEL LETTER




        Children's Comprehensive Services Inc. as assigned to Dallas County Texas and
Dallas County Juvenile Board (the "Tenant") hereby certifies to Sealy Wheless Buildings,
L.P., a Georgia limited partnership (the "Owner") and SEALY SW PROPERTIES, L.P., a
Georgia limited partnership, its successors or assigns (the "Purchaser") as follows:


        The undersigned Tenant understands that Purchaser or your assigns intends to acquire
certain real property and improvements located at 1637 Terre Colony Court, Dallas. TX
75212 which includes the Premises (the "Property") and that in connection with such
purchase Greenwich Capital Financial Products, Inc., a Delaware corporation (the "Lender")
is about to make a loan (the "Loan"") to the Purchaser which will be secured by a mortgage
or deed of trust and security agreement (the "Deed of Trust") covering the property. In
connection with the purchase by Purchaser and the Loan by Lender, Purchaser and Lender
have requested that the Tenant complete this tenant certificate (the "Tenant Certificate") with
the appropriate information as it pertains to the Tenant's lease and to agree to the
requirements set forth herein. The undersigned Tenant with full knowledge that Lender, in
making the aforementioned Loan, is relying on the truth, accuracy and completeness of the
statements made herein, hereby certifies to and agrees with the Owner, Purchaser and Lender
as to the following:

   I.      Pursuant to that certain Lease dated June 9, 2000 (the "Lease"), Tenant leases
 approximately 45,534 square feet of space (the "Premises"). . The Lease, as amended,
 modified and supplemented, is in full force and effect, and represents the entire agreement
 between Tenant and Owner for the Premises. There are no amendments, modifications or
 supplements to the Lease, whether oral or written, except as follows: Assignement to Lease
 dated July 1, 2004 and First Amendment of Lease dated July 23.2004. A true and correct
 copy of the Lease, as amended, modified and supplemented, together with all guaranties
 appertaining thereto, is attached hereto as Exhibit A.

   2.      The term of the Lease began on September I, 2000 and will end on August 31,
 2010.

   3.      The Lease does not provide for an option to extend the term of the Lease for N!A.
 Except as expressly provided in the Lease, Tenant does not have any right or option to
 renew or extend the term of the Lease, to lease other space at the Property, nor any
 preferential right to purchase all or any part of the Premises or the Property.

   4.       Tenant has neither sent nor received any notice of default under the Lease which
 remains uncured and to the best of Tenant's knowledge, neither Tenant nor Owner has
 committed any breach under the Lease, which alone or with the passage of the giving of
 notice, or both would constitute a default hereunder, except as follows: N/A.
                                                       55




  5.     Tenant is currently paying [Base Monthly] Rent under the Lease in the amount of
$15,687.00 and estimated monthly pass through in the amount of $333.00 and such
amounts have been paid through the date ofNovember 30, 2005.

  6.       Tenant has not prepaid any rent or other charge under the Lease to Owner other
than the following: November 2005,

  7.      A cash security deposit in the amount of $14,400.00 has been paid to Owner
under the lease, and Tenant has not given Owner any other security or similar deposit.

   8.      Landlord has satisfied all ofthe Landlord's current obligations under the Lease in
the nature of inducements to Tenant's occupancy and Tenant has accepted possession of
and is in full occupancy of the Premises and any improvements required to be made by
Owner, if any, have been completed to the full satisfaction of Tenant and any tenant
improvement allowances required by the Lease, if any, to be made by Owner have been
paid in full satisfaction of Tenant, except for the following: -"N"'/A'-'-                 _

  9.     Tenant does not have a right of first refusal or right of first offer to purchase the
Premises or building containing the Premises, nor any termination options.

   10.     Tenant has no deferrals or offsets which could be alleged in any action brought
for rent occurring subsequent to the date of this Tenant Certificate and Tenant asserts no set
off, claim or counter-claim against Owner.

   11.    Tenant has not executed any lease or sublease with respect to the Premises other
than the Lease, and the Tenant has not assigned its interest in the Lease, except as follows:
N/A.

   12.     Tenant agrees that, upon Purchaser's acquisition of the Premises, Tenant will
attorn to and recognize Purchaser as the Landlord under the Lease with the same force and
effect as ifthere were a direct lease between Tenant and Purchaser.
                                              DALLAS COUNTY

                                              By:                                                    _

                                              Name: Margaret Keliher

                                              Title:   Dallas County Judge

                                              Dated:                                                 _

                                              DALLASCOUNTYnJVEN~EBOARD

                                              By:                                                _

                                              Name: Cheryl Shannon

                                              Title:   Chairman, Dallas County Juvenile Board

                                              Dated:                                                 _
                                       56




                                 Reviewed and approved as to form:

                                 By:                                 _



                                 Name:


                                 Dated:                              _




Dated this _ _ day of   , 2005
                                                    57




SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT


        THIS SUBORDINATION, NON-DISTURBAl'lCE AND ATTORNMENT
AGREEMENT ("Agreement") is entered into as of October 25, 2005 (the "Effective
Date") by and between GREENWICH CAPITAL FINAl'lCIAL PRODUCTS, INC., a
Delaware corporation ("together with its successors and assigns, the "M~ortgagee''), and
Children's Comprehensive Services Inc. as assigned to Dallas Connty Texas and
Dallas Connty Jnvenile Board (hereinafter, collectively the "Tenant"), with reference
to the following facts:

        A.       Sealy SW Properties, L.P., a Georgia Limited Partnership, whose
address is 333 Texas Street, Suite 1050 Shreveport LA, 711 0 I as successor in title to
Sealv Wheless Buildings, LP (the "Landlord'') owns fee simple title or a leasehold
interest in the real property described in Exhibit "A" attached hereto (the "Property").

       B.      Mortgagee intends to make a loan to Landlord in the original principal
amount of Fifty Four Million Nine Hundred Forty Three Thousand One Hundred Fifty
Three Dollars ($54,943,153.00) (the "Loan").

        C.      To secure the Loan, Landlord intends to encumber all the Property by
entering into that certain deed to secure debt to be dated              , 2005 in favor
of Mortgagee (as amended, increased, renewed, extended, spread, consolidated, severed,
restated, or otherwise changed from time to time, the "Mortgage") to be recorded in the
Deed Records in and for the County of Dallas, State of Texas.

       D.     Pursuant to the Lease effective 7/1/2004, and as amended. Landlord
demised to Tenant all of the Property consisting of the following (the "Leased
Premises"): 45,534 square feet located at 1637 Terre Colony Court, Dallas County,
Texas.

        E.       Tenant and Mortgagee desire to agree upon the relative priorities of their
interests in the Property and their rights and obligations if certain events occur.

      NOW, THEREFORE, for good and sufficient consideration, Tenant and
Mortgagee agree:

1.      Definitions. The following terms shall have the following meanings for purposes
of this Agreement.

       a.      Foreclosure Event. A "Foreclosure Event" means: (i) foreclosure under
the Mortgage; (ii) any other exercise by Mortgagee of rights and remedies (whether under
the Mortgage or under applicable law, including bankruptcy law) as holder of the Loan
and/or the Mortgage, as a result of which a Successor Landlord becomes owner of the
Property; or (iii) delivery by Landlord to Mortgagee (or its designee or nominee) of a
deed or other conveyance of Landlord's interest in the Property in lieu of any of the
foregoing.

SNDA.DOC
                                                1
                                                    58




       b.     Former Landlord. A "Former Landlord" means Landlord and any other
party that was landlord under the Lease at any time before the occurrence of any
attornment under this Agreement.

        c.      Offset Right. An "Offset Right' means any right or alleged right of
Tenant to any offset, defense (other than one arising from actual payment and
performance, which payment and performance would bind a Successor Landlord
pursuant to this Agreement), claim, counterclaim, reduction, deduction, or abatement
against Tenant's payment of Rent or performance of Tenant's other obligations under the
Lease, arising (whether under the Lease or under applicable law) from Landlord's breach
or default under the Lease.

       d.      Rent. The "Rent" means any fixed rent, base rent or additional rent under
the Lease.

      e.    Successor Landlord. A "Successor Landlord" means any party that
becomes owner of the Property as the result of a Foreclosure Event.

       f.      Termination Right. A "Termination Right' means any right of Tenant to
cancel or terminate the Lease or to claim a partial or total eviction arising (whether under
the Lease or under applicable law) from Landlord's breach or default under the Lease.

        g.      Other Capitalized Terms.       If any capitalized term is used in this
Agreement and no separate definition is contained in this Agreement, then such term
shall have the same respective definition as set forth in the Lease.

2.     Subordination. The Lease, as the same may hereafter be modified, amended or
extended, shall be, and shall at all times remain, subject and subordinate to the terms
conditions and provisions of the Mortgage, the lien imposed by the Mortgage, and all
advances made under the Mortgage.

3.     Nondisturbance, Recognition and Attornment.

         a.     No Exercise ofMortgage Remedies Against Tenant. So long as the Tenant
is not in default under this Agreement or under the Lease beyond any applicable grace or
cure periods (an "Event of Default"), Mortgagee (i) shall not terminate or disturb
Tenant's possession of the Leased Premises under the Lease, except in accordance with
the terms of the Lease and this Agreement and (ii) shall not name or join Tenant as a
defendant in any exercise of Mortgagee's rights and remedies arising upon a default
under the Mortgage unless applicable law requires Tenant to be made a party thereto as a
condition to proceeding against Landlord or prosecuting such rights and remedies. In the
latter case, Mortgagee may join Tenant as a defendant in such action only for such
purpose and not to terminate the Lease or otherwise adversely affect Tenant's rights
under the Lease or this Agreement in such action.

       b.     Recognition and Attornment. Upon Successor Landlord taking title to the
Property (i) Successor Landlord shall be bound to Tenant under all the terms and
conditions of the Lease (except as provided in this Agreement); (ii) Tenant shall

SNDA.DOC
                                                2
                                                     59




recognize and attorn to Successor Landlord as Tenant's direct landlord under the Lease as
affected by this Agreement; and (iii) the Lease shall continue in full force and effect as a
direct lease, in accordance with its terms (except as provided in this Agreement), between
Successor Landlord and Tenant. Tenant hereby acknowledges notice that pursuant to the
Mortgage and assignment of rents, leases and profits, Landlord has granted to the
Mortgagee an absolute, present assignment of the Lease and Rents which provides that
Tenant continue making payments of Rents and other amounts owed by Tenant under the
Lease to the Landlord and to recognize the rights of Landlord under the Lease until
notified otherwise in writing by the Mortgagee. After receipt of such notice from
Mortgagee, the Tenant shall thereafter make all such payments directly to the Mortgagee
or as the Mortgagee may otherwise direct, without any further inquiry on the part of the
Tenant. Landlord consents to the foregoing and waives any right, claim or demand which
Landlord may have against Tenant by reason of such payments to Mortgagee or as
Mortgagee directs.

       c.      Further Documentation. The provisions of this Article 3 shall be effective
and self-operative without any need for Successor Landlord or Tenant to execute any
further documents. Tenant and Successor Landlord shall, however, confirm the
provisions of this Article 3 in writing upon request by either of them within ten (10) days
of such request.

4.      Protection or Successor Landlord. Notwithstanding anything to the contrary in
the Lease or the Mortgage, Successor Landlord shall not be liable for or bound by any of
the following matters:

        a.      Claims Against Former Landlord. Any Offset Right that Tenant may have
against any Former Landlord relating to any event or occurrence before the date of
attornment, including any claim for damages of any kind whatsoever as the result of any
breach by Former Landlord that occurred before the date of attornment. The foregoing
shall not limit either (i) Tenant's right to exercise against Successor Landlord any Offset
Right otherwise available to Tenant because of events occurring after the date of
attornment or (ii) Successor Landlord's obligation to correct any conditions that existed
as of the date of attornment and violate Successor Landlord's obligations as landlord
under the Lease.

       b.      Prepayments. Any payment of Rent that Tenant may have made to
Former Landlord more than thirty (30) days before the date such Rent was first due and
payable uuder the Lease with respect to any period after the date of attornment other than,
and only to the extent that, the Lease expressly required such a prepayment.

        c.      Payment: Security Deposit; Work. Any obligation: (i) to pay Tenant any
surn(s) that any Former Landlord owed to Tenant unless such sums, if any, shall have
been actually delivered to Mortgagee by way of an assumption of escrow accounts or
otherwise; (ii) with respect to any security deposited with Former Landlord, unless such
security was actually delivered to Mortgagee; (iii) to commence or complete any initial
construction of improvements in the Leased Premises or any expansion or rehabilitation
of existing improvements thereon; (iv) to reconstruct or repair improvements following a

SNDA.DOC
                                                 3
                                                    60




fire, casualty or condemnation; or (v) arising from representations and warranties related
to Former Landlord.

       d.     Modification. Amendment or Waiver. Any modification or amendment of
the Lease, or any waiver of the terms of the Lease, made without Mortgagee's written
consent.

        e.     Surrender. Etc. Any consensual or negotiated surrender, cancellation, or
termination of the Lease, in whole or in part, agreed upon between Landlord and Tenant,
unless effected unilaterally by Tenant pursuant to the express terms of the Lease.

5.      Exculpation o(Successor Landlord. Notwithstanding anything to the contrary in
this Agreement or the Lease, Successor Landlord's obligations and liability under the
Lease shall never extend beyond Successor Landlord's (or its successors' or assigns')
interest, if any, in the Leased Premises from time to time, including insurance and
condemnation proceeds, security deposits, escrows, Successor Landlord's interest in the
Lease, and the proceeds from any sale, lease or other disposition of the Property (or any
portion thereof) by Successor Landlord (collectively, the "Successor Landlord's
Interest"). Tenant shall look exclusively to Successor Landlord's Interest (or that of its
successors and assigns) for payment or discharge of any obligations of Successor
Landlord under the Lease as affected by this Agreement. If Tenant obtains any money
judgment against Successor Landlord with respect to the Lease or the relationship
between Successor Landlord and Tenant, then Tenant shall look solely to Successor
Landlord's Interest (or that of its successors and assigns) to collect such judgment.
Tenant shall not collect or attempt to collect any such judgment out of any other assets of
 Successor Landlord.

6.     Mortgagee's Right to Cure. Notwithstanding anything to the contrary in the
Lease or this Agreement, before exercising any Offset Right or Termination Right:

       a.      Notice to Mortgagee. Tenant shall provide Mortgagee with notice of the
breach or default by Landlord giving rise to same (the "Default Notice") and, thereafter,
the opportunity to cure such breach or default as provided for below.

       b.     Mortgagee's Cure Period. After Mortgagee receives a Default Notice,
Mortgagee shall have a period of thirty (30) days beyond the time available to Landlord
under the Lease in which to cure the breach or default by Landlord. Mortgagee shall
have no obligation to cure (and shall have no liability or obligation for not curing) any
breach or default by Landlord, except to the extent that Mortgagee agrees or undertakes
otherwise in writing. In addition, as to any breach or default by Landlord the cure of
which requires possession and control of the Property, provided that Mortgagee
undertakes by written notice to Tenant to exercise reasonable efforts to cure or cause to
be cured by a receiver such breach or default within the period permitted by this
paragraph, Mortgagee's cure period shall continue for such additional time (the
"Extended Cure Period") as Mortgagee may reasonably require to either: (i) obtain
possession and control of the Property with due diligence and thereafter cure the breach


SNDA.DOC
                                                4
                                                       61




or default with reasonable diligence and continuity; or (ii) obtain the appointment of a
receiver and give such receiver a reasonable period oftime in which to cure the default.

7.     Miscellaneous.

        a.     Notices. Any notice or request given or demand made under this
Agreement by one party to the other shall be in writing, and may be given or be served by
hand delivered personal service, or by depositing the same with a reliable overnight
courier service or by deposit in the United States mail, postpaid, registered or certified
mail, and addressed to the party to be notified, with return receipt requested or by telefax
transmission, with the original machine- generated transmit confirmation report as
evidence of transmission. Notice deposited in the mail in the manner hereinabove
described shall be effective from and after the expiration of three (3) days after it is so
deposited; however, delivery by overnight courier service shall be deemed effective on
the next succeeding business day after it is so deposited and notice by personal service or
telefax transmission shall be deemed effective when delivered to its addressee or within
two (2) hours after its transmission unless given after 3:00 p.m. on a business day, in
which case it shall be deemed effective at 9:00 a.m. on the next business day. For
purposes of notice, the addresses and telefax number of the parties shall, until changed as
herein provided, be as follows:

               I.       If to the Mortgagee, at:

                        Greenwich Capital Financial Products, Inc.
                        600 Steamboat Road
                        Greenwich, Connecticut 06830
                        Attn: Mortgage Loan Department

                        TelecopyNo.: (203) 618-2052

               11.      If to the Tenant, at:

                      Dallas County Juvenile Dept.
                      2600 Lone Star Dr.
                      Dallas, TX 75212
                      Attn: Ron Stretcher

        b.      Successors and Assizns. This Agreement shall bind and benefit the
parties, their successors and assigns, any Successor Landlord, and its successors and
assigns. If Mortgagee assigns the Mortgage, then upon delivery to Tenant of written
notice thereof accompanied by the assignee's written assumption of all obligations under
this Agreement, all liability of the assignor shall terminate.

       c.      Entire Azreement. This Agreement constitutes the entire agreement
between Mortgagee and Tenant regarding the subordination of the Lease to the Mortgage
and the rights and obligations of Tenant and Mortgagee as to the subj ect matter of this
Agreement.

SNDA.DOC
                                                   5
                                                   62




       d.     Interaction with Lease and with Mortgage. If this Agreement conflicts
with the Lease, then this Agreement shall govem as between the parties and any
Successor Landlord, including upon any attornment pursuant to this Agreement. This
Agreement supersedes, and constitutes full compliance with, any provisions in the Lease
that provide for subordination of the Lease to, or for delivery of nondisturbance
agreements by the holder of, the Mortgage.

        e.      Mortgagee's Rights and Obligations. Except as expressly provided for in
this Agreement, Mortgagee shall have no obligations to Tenant with respect to the Lease.
If an attornment occurs pursuant to this Agreement, then all rights and obligations of
Mortgagee under this Agreement shall terminate, without thereby affecting in any way
the rights and obligations of Successor Landlord provided for in this Agreement.

       f.      Interpretation; Governing Law.    The interpretation, validity and
enforcement of this Agreement shall be governed by and construed under the internal
laws of the State in which the Leased Premises are located, excluding such State's
principles of conflict oflaws.

        g.     Amendments.       This Agreement may be amended, discharged or
terminated, or any of its provisions waived, only by a written instrument executed by the
party to be charged.

        h.     Due Authorization. Tenant represents to Mortgagee that it has full
authority to enter into this Agreement, which has been duly authorized by all necessary
actions. Mortgagee represents to Tenant that it has full authority to enter into this
Agreement, which has been duly authorized by all necessary actions.

        i.     Execution.    This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.

                  [THIS SPACE INTENTIONALLY LEFT BLANK]




SNDA.DOC
                                               6
                                          63




      IN WITNESS WHEREOF, the Mortgagee and Tenant have caused this
Agreement to be executed as of the date first above written.



                                 MORTGAGEE:


                                 GREENWICH CAPITAL FINANCIAL
                                 PRODUCTS, INC.,
                                 A Delaware corporation

                                 By:                       _
                                 Name: - - - - - - - - - - -
                                 Title:                    _

                                 TENANT:
                                 DALLAS COUNTY
                                 By:                                                    _

                                 Name: Margaret Keliher

                                 Title:    Dallas Cmmty Judge

                                 Dated:                                             _

                                 DALLAS COUNTY JUVENILE BOARD

                                 By:                                                    _

                                 Name: Cheryl Sharmon

                                 Title:    Chairman, Dallas County Juvenile Board

                                 Dated:                                             _



                                 Reviewed and approved as to fonn:

                                 By:                                                    _


                                 Name:


                                 Dated:                                             _




SNDA.DOC
                                       7
                                                   64




                              LANDLORD'S CONSENT

       Landlord consents and agrees to the foregoing Agreement, which was entered into
at Landlord's request. The foregoing Agreement shall not alter, waive or diminish any of
Landlord's obligations under the Mortgage or the Lease. The above Agreement
discharges any obligations of Mortgagee under the Mortgage and related loan documents
to enter into a nondisturbance agreement with Tenant. Landlord is not a party to the
above Agreement.

                                            LANDLORD:


                                            Sealy Wheless Buildings, LP




                                            By:                                     _
                                            Name: Mark P. Sealy
                                            Title: Manager

Dated:                , __




SNDA.DOC
                                               8
                                                   65




                      MORTGAGEE'S ACKNOWLEDGMENT


STATE OF                    _   )
                                ) ss.
COUNTY OF               _       )


       On the _     day of           in the year           before me, the undersigned, a
Notary Public in and for said state, personally appeared                                ,
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his capacity, and that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.




                                                   Signature of Notary Public




SNDA.DOC
                                               9
                                                 66




                         TENANT'S ACKNOWLEDGMENT

STATEOF                 _    )
                             ) ss.
COUNTY OF                    )


       On the _     day of           in the year           before me, the undersigned, a
Notary Public in and for said state, personally appeared                                ,
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his capacity, and that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.




                                                   Signature of Notary Public




SNDADOC
                                              10
                                                     67




                                  LIST OF EXHIBITS

       If any exhibit is not attached hereto at the time of execution of this Agreement, it
may thereafter be attached by written agreement of the parties, evidenced by initialing
said exhibit.


Exhibit "A" - Legal Description ofthe Land




Sl'<1)A.DOC
                                                11
                                                                    68


                 DALLAS COUNTY
                 PURCHASING DEPARTMENT
                                                                                       . ,"",',
                                                                                      !<   ....
                                                                                                  '\
                                                                                                  ~.




   November 22,2005


   TO:              Commissioners Court Ii.
                                      ~7~J"-     /)
   THROUGH:         Shannon Brown ~~- I~)   \)   v
                    Purchasing Agent

   FROM:            Mary Stephens
                    Buyer

  SUBJECT:          Modification ofRFP No. 2005,048,1624, Request for Proposal for Security Management System

  BACKGROUND/ISSUE
  On MClY 10,2005, the Dallas County Commissioners Court through Court Order 2005-9298, awarded RFP No. 2005-048-
  1624, Rc:quesl for Proposal for Security Management System to Integrated Access Systems, The contract provides for
  replacement and upgrade of the Security Management System (5MS) (ID Card and Access Card Readers) for Dallas
  County. The contract was amended on September 20, 2005 to add four (4) additional card readers at the Frank Crowley
  Courts Building.

  The Office of Security Emergency Management (OSEM) is requesting a modification to this contract to address
  compatibility concerns. The purpose of this briefing is to make a recommendation on this request.

  IMPACT ON OPERATIONS
  The server proposed by Integrated Access System included a small server at a cost of $8,561.03. After this project was
  awarded, it was determined that this system and the new system for the George Allen expansion were not compatible. In
  order to allow OS EM to monitor both systems and have the systems communicate, Integrated Access Systems must
  purchase a large server (Dell Power Edge 2850) to match the configuration in the George Allen system.

  LEGAL ISSUES
  In accordance with Texas Local Government Code 262.031 (a) "Changes in Plans and Specifications," the Commissioners
  Court may authorize changes to the existing contract by no more than 25%. This request would increase the contract
  amount by I 1.5% from the original contract amount.

  FINANCIAL IMPACT
  The original contract value is $255,063.75. The previous modification increased the contract amount to $264,727.26.
  Inlegrated Access Systems has proposed a new server at a net cost of $19,593.12. The change will bring the total estimated
  eGG tract value to $284,320.38. Funding Is available from VASI FY 2004 Grant (466.000.08120.2004.0000.0000.04107).
  The granting agency has approved this funding change.

  RECOMMENDATION
  The Purchasing Department, in conjunction with the Office of Security Emergency Management, recommends
  Commissioners Court authorize the modification of RFP No. 2005-048-1624, Request for Proposal for Security
  Management System, to include the server upgrade at an additional cost of$19,593.12.

  Should the Court concur with this recommendation, a Court Order has been prepared for this agenda.




509 Main Street, Suite 623                           Dallas, Texas 75202-4616                            Office (214) 653-7431
6th Floor Records Building
                                                                                                                          69

     DALLAS COUNTY                                                                        f-C_O_"_'_P_A_"_Y_'_"_"_I_E_'-"I..Jnw."",\;lJrLfjtjtbS:J
                                                                                                              '                                           Ii c c e s S S Ystem S
     Vendor Statistical Report
     (pri"'et.... b. perl"""u,! >l'/"-l. "r<w';.:oUv~l
                                                                                              ADDRESS;       4240             Internatl~nal                       #160, Carrollton, TX
     Permanent Full-Time Emplo}"men!                                                          TELEPHONE: .            469.568.3000
        {l'10 t       = piSC:l.SO1'Ia!)
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                                                                                                                                                                                            I   OTHER


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                                              I              3                            I

I
     Pro{csi tOllal ,
                                              I                    I                                                                                                     I
     To::dmicians                                            6                            I                                                                              I
     S,)Jc:sWQrk=
                                                             4     I                              1               I.                                                     I
     Offic.:/Omw
                                              I
     Cr.Lft Woo.e:s (Skilled)
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     Oper2!.ivc:s (Semi Skilled)
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                                                                                                                  ,
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     i....:l.Oor= (UnsJcilkd)                                                                                     ,
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                   TOTAL                                 13                                      1

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     !'ftO[lI.iCt1:a.l'


                                                         WHITE              BLACK              HISPANIC               NATIVE AMER.                     ASIAN PACIFIC         ASIAN INDIAN       OTHER
              FEMALE
      )ffi<:i:ilii'   M;m3g~                             1
     f'rofenio=ls                                                        1
     Tc<;.hnici:ms


     SlUe Workers
                                                                                                                                                                         I
     Ofiic~C1eriCl.l
                                                         1                                                                                                               I
     Cr.til Worhl's (Sldllcl)

     O~vt'{SemiSkilled)



     Labore'S (Uns.lcille:d)
                                                                                                                              ..
                                                                                                                      ~
                                                                                                                          _
     Sr:met: Worl:.as
                                                                                          I
I                  TOTAL
                                              i      2            I     1
                                                                                          I                      I
                                                                                                                 ,                                I                      !                  !
     ""~ ~'£ES
     QN.nlE.JOO                                                                                                                                   I
     """""""-"
     ""'OL~
                                                                  I
                   TOTAL                             1~                 1                        1                                                                       /?-      ./7"i'

          CHECK
                  ONE:
                                                  MinoritY-Owned Finn Certification #                                              I   hsued by
                                                                                                                                       NCTRCA
                                                                                                                                                                         F ,
                                                                                                                                                      Si,n"U'<iD,?flTfiiTF Z).JOc,-
                                                  Women-O',lllled Firm Certification H-                                            I
                                                                                                                                   I
                                                                                                                                       wu<d by
                                                                                                                                       NCTIlCA
                                                                                                                                                      T"'dN.~t~u,r               '7
II
II                                            I   NOll-Minoriry Ov.ned Firm                                                                       I ~;;~~n:a~;:~;f\ ve
                                                                                                   .s OF 7
                                                                   70


                  DALLAS COUNTY
                  PURCHASING DEPARTMENT




   November 22" 2005


   TO:              Commissioners court'6

   THROUGH:         Shannon Brown    ~',
                    Purchasing Agent

   FROM:            Mary Stephens
                    Buyer

   SUBJECT          Modification, Bid No. 2005* 141-1727, Annual Contract for Maintenance of Microfilm Equipment

  BACKGROUND/ISSUE
  Dallas County Commissioners Court through Court Order 2005-1468, awarded Bid No. 2005-141-1727, Annual Contract
  for Maintenance of Microfilm Equipment to Business Equipment Solutions, LLC for the period August 9, 2005 through
  August 8, 2006. The contract provides on-site maintenance coverage for various types of microfilm equipment located
  throughout Dallas County. The purpose of this briefing is to make a recommendation to add a piece of equipment to the
  contract that was inadvertently omitted from the contract.

  OPERATION IMPACT
  The District Clerk office is requesting that Bid No. 2005-141~1727 be amended to include one (1) cannon
  microfilm/scanner Model DR-S060. This equipment is located in the George Allen Courts Building, 600 Commerce Street,
  ground Floor, Imaging Department and is used for microfilming and scanning the court minute books.

  LEGAL ISSUES
  In accordance with Texas Local Government Code 262.031 (a) "Changes in Plans and Specifications," the Commissioners
  Court may authorize changes to the existing contract by no more than 25%.

  FINANCIAL IMPACT
  Dallas County will incur an additional annual cost of $1,500.00. The original contract value is $39,000.00. This change
  will bring the total estimated contract value to $40,500.00, an increase of3.8%,

  RECOMMENDATION
  The Purchasing Department, in conjunction with the District Clerk's Office recommends Commissioners Court authorize
  the modification of Bid No. 2005-141-1727, Annual Contract for Maintenance of Microfilm Equipment to include one (1)
  additional cannon microfilm/scanner at an annual cost of$I,500.00.

  Should the Court concur with this recommendation, a Court Order will be scheduled for the next formal agenda.




509 Main Street, Suite 623                      Dallas, Texas 75202-4616                                Office (214) 653-7431
6 th Floor Records Building
                                                                                                                                              71


    DALLAS COUNTY                                                                         /               CO,\lPAi'iY i'iA;'\.IE:    t< JU/.A/>"                '/-;t.j. /\Ii-::"~v"    (:1 k,f-,'.-v0: .L<:C
    Vendor Statistical Report
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                                                                                                          ADDRESS:
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    Permanent Full-Time Employment                                                                        TELEPHONE:
          (not p;m timeitemplse'lSoni!)                                                                                        !ziJ/ ')           ;?/9-1ff3
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     Office/Clerical
                                               I
     Cr:".ft WOl'krrs (Skilled)
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     Op=lti"es (Semi Skilled}


     L3i>oras (Unskilled)


     SERVlCE
     WORKERS
                                                                                                                                                        I                                                      I
I                  TOTAL
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                                                                                                                                                                                                   i
                                                  72




            DALLAS COUNTY
            PURCHASING DEPARTMENT



November 22, 2005

TO:             Commissioners Court                      -,.   r2r
FROM:           Shannon S. Brown, Purchasing Agent     ~
SUBJECT:        Cancellation of Bid No. 2005-159-1746 Annual Contract for Fulfillment
                of County Clerk Real Estate Records


BACKGROUND/ISSUE
On September 6, 2005, solicitations were opened for Bid No. 2005-159-1746 Annual
Contract for Fulfillment of County Clerk Real Estate Records with six (6) bids received.
The purpose ofthis briefing is to recommend the cancellation ofthis bid and the rejection of
all bids received.

OPERATIONAL IMPACT
The intent of the annual contract was to provide fulfillment services to the County Clerk's
Recording Division. This division receives approximately 500,000 real estate documents
each year to be recorded and returned. Previously, the return function was managed by in-
house staff. The service was outsourced approximately two years ago.

In September 2005, the County Clerk successfully implemented a new recording system that
includes immediate scanning and return of documents that are presented at the counter. This
process changes has resulted in a reduction of documents to be mailed by approximately
20%-40%. In addition, the new system now allows e-recording which further reduces the
amount of documents to be returned via mail. Based on these process changes, the County
Clerk no longer requires an outsourced solution for fulfillment and will return to performing
this work with in-house staff.

FINANCIAL IMPACT
The estimated annual cost of the fulfillment service is $45,000. The County Clerk utilized
the Records Management Fund for this service.

RECOMMENDATION
The Purchasing Department, with the concurrence of the County Clerk's Office,
recommends the cancellation of Bid No. 2005-159-1746 Annual Contract for Fulfillment of
County Clerk Real Estate Records and the rejection of all bids received.


              509 Main Street, Suite 623, Dallas Texas 75202-3340
        (214) 653-7597 • Fax (214) 653-7449 • sbrown@dallascounty.org
                                                                           73




                        DALLAS COUNTY
                        HUMAN RESOURCES/CIVIL SERVICE                                    i ..1         no
                                                                                                   '.: v

Date:                   November 16, 2005

To:                     Members of the Commissioners Court

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

Subject:                Domestic Relation's Office - Hard to Fill Position - Family Court Counselor

Background
Pat Ross, Manager of Family Court Services, has submitted a request to allow the salary for a
part-time Family Court Counselor to be determined in the same manner used for regular full-time
positions. Section 86-136(b 1) of the Dallas County Code states that all part-timeltemporary
positions will be compensated at the minimum of the salary range, unless:

(1)      The Commissioners Court approves a higher salary as an exception; or
(2)      The position has been approved by the Commissioners Court as a select position. A select
         position is a position deemed critical to the operation of the program, is difficult to fill due
         to the dynamics of the local market, and requires a specialized skill, trade, or technical or
         medical background.

The Family Court Counselor position, grade G, requires a MS/MA degree and three (3) years
work related experience or a BS/BA degree and five (5) years work related experience, plus a
professional counselor's license (job description is attached). A part-time position was posted for
five weeks beginning October 11, 2005, using the minimum to maximum in-hire range, not Just
the minimum. Human Resources received and submitted to the department less than ten qualified
applications (approximately two per week). One application per day (20+ per month) is
considered a reasonable number of applications for exempt positions.

Impact on Operations
Approval of this request will place the position on the select position list and allow the
department to hire part-time family court counselors up to the maximum in-hire rate, based on
education and experience.

Financial Impact
The projected financial impact for this request is approximately $4,014 (the difference between
the minimum and the maximum-in hire rate), if a candidate is hired at the maximum in-hire rate.

Recommendation
The Human Resources/Civil Service Department recommends approval of this request, as it
complies with Section 86-136(bl) of the Dallas Countv Code regarding compensation of part-
time/temporary employees.


Recommended by:

Attachment
501 Main Street                                             Dallas, Texas
Records Building                                     Equal Opportunity Employer              214.653.7638

Q:\Briefmgs 2006\Poticy _ hard to fill_Family Court Services -112205,doc
                                                             74



                   DALLAS COUNTY
                   DOMESTIC RELATIONS OFFICE
                   FAMILY COURT SERVICES




           To:                Dr. Mattye Mauldin-Taylor, Director
                              Human Resources

           From:             Pat S. Ross, Manager
                             Family Court Serviees

           Date:             November 14, 2005

           Subject:          Hard to Fill Part-time Counselor Position

          This is a request to classify the Part-Time Family Court Counselor position as a "hard to fill
          position." This position requires the same qualifieations as a full-time eounselor position, whieh
          means the applieants must have a Master's degree in a mental health field, a professional license
          in that field and at least three years experience. Since the part-time position has no benefits and
          limits outside employment due to possible conflicts of interest, there are few applicants. Most
          professionals working in a comparable private-practice position without benefits are paid $50 to
          $100 an hour. As a result, this position needs to be paid at the least the max in-hire hourly rate
          for a "G" pay grade.

          Please contact me if you have any questions or need any further information.




George Allen Courts Building, 7 th Floor   600 Commerce, Suite 776       Dallas, TX 75202-6635    12141653-7674
                                                                               75



                                       DALLAS COUNTY JOB DESCRIPTION


Job Title:              Family Court Counselor                  Job Code:               50350              Job Grade:           G

Reports To:             Manager, Family Court                   Pos. No:                Al1                FLSACode:            E

Department:             Family Court Services                   Loe. Code:              5270203A           SIC Code:            9441
                                                                                                           WCCode:              8810

Division:              Family Court                             CS Code:                A                  EEO Code:           BOI

Summary of Funetious: Provides objective, professional assessments of families involved in contested
litigation to assist the court in making the disposition of the case.

Management Scope: N/A

                                                                                                                    % of     Essential
Duties and Responsibilities:                                                                                        Time     Non-essential


 I.    Conducts court ordered assessments of al1 family or household members                                            25           E
       involved in contested litigation and makes community contacts and professional
       consultations regarding cases.

 2.    Synthesizes information into written reports for use by the court in the                                         25           E
       disposition of the cases and makes specific recommendations for the dispositions
       or referrals to address problems encountered by the children or family members.

 3.    Mediates with clients and attorneys to resolve cases through alternate resolution                                IS           E
       of contested issues.

 4.    Provides crisis counseling and education during the assessment process                                  In       IS           E
       conflict resolution, child development, communication and parenting skil1s

 5.    Provides emergency assessment to assist courts in handling crisis cases involving                                05           E
       issues of child abuse, domestic violence, substance abuse, mental illness and
       absconding with children.

 6.    Testifies in court as an expert witness.                                                                         05           E

 7.    Assists management in the development, implementation and review of agency                                       05          E
       services. Participates in community education programs to help minimize the
       impact of divorce, family dissolution and litigation on children.

 8.   Performs other duties as assigned.                                                                                05          N


Minimum Qualificatious:

Education, Experience and Training:
Education and experience equivalent to a Master's degree from an accredited col1ege or university in mental
health or in a job related field of study and three (3) years of work related experience required. Alternatively,
Q:\.lob Descriptions 2004\Domestic Relations Office\Falllily Court Counselor - 50350 - Approved 11-17-03.doc
                                                                            76




a Bachelor's degree from an accredited college or university in mental health or in a job related field of study
and five (5) years of work related experience required.

Special Requirements:
Must be licensed by the State of Texas in one of the above disciplines. Must obtain mediation training within
one (I) year of the employment date. Mandatory drug test prior to and during employment. Requires Texas
Driver's License with good driving record.

PhysicallEnvironmental Requirements:
Standard office environment. Will be required to make home visits for inspections and evaluations.

Hay PointslPoint Factor:
KH: ED 230 pts, PS: D4 (38%) 87 pts, AC: DIP 87 pts, TTL: 404 pts, KH/PS/AC: 57-22-22, Profile: L

Supervisor Signature                                                                                  Date
                                                                                                             --------
Reviewed by Human Resources/Civil Service on                                                          Date   October 2003

Approved by Civil Service Commission on                                                               Date   November 17, 2003


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




Q:\lob Descriptions 2004\Domestic Relations Office\Family COlirt Counselor - 50350 Approved 11-17-03.doc
                                                      77



             DALLAS COUNTY
             COUNTY AUDITOR                                                r,'-




  November 16, 2005




  Memorandum

  To:            Allen Clemson
                 Commissioners Court Administrator

  From:          Virginia A. Porter   .J~~~
                 County Auditor       U
                  fr'
  Subject:       Rationale for Same Date Briefing and Court Order


  Due to tight reporting requirements of the Federal Equitable Sharing Agreement which requires
  certified reports to filed within 60 days after the fiscal year end and time requirements to complete an
  audit, we submit the audit reports for certification by court order with an effective date of November
  22,2005. We request that both the briefing and court order be allowed during the same court session.



  attachments




509 Main Street                        Dallas, Texas 75202                            214-653-6472
Suite 407                                                                         FAX 214-653-6440
                                                       78



             DALLAS COUNTY
             COUNTY AUDITOR




  November 16, 2005




  Memorandum

  To:            Allen Clemson
                 Commissioners Court Administrator

  From: j~irginia A. Porter            &~~)
          1 Co~ Auditor

  Subject:       Federal Equitable Sharing Agreement Filing


  FY2005 audits were performed according to requirements contained in the Department of Justice's
  Addendum to A Guide to Equitable Sharing. The certified reports are to be delivered to the U.S.
  Department of Justice and the U.S. Department of Treasury no later than 60 days after the fiscal year
  end. According to the Federal Equitable Sharing Agreement, the head of the law enforcement agency
  and a designated official of the governing body are required to sign the Annual Certification Report
  certifying that the accounting of funds received and spent by the law enforcement agency is accurate
  and in compliance with the guidelines and statutes that govern the equitable sharing program. The
  federal equitable sharing audit includes a review of the proceeds and property from criminal seizures
  or forfeitures by Dallas County's law enforcement agencies.

  We ask Comrnissioners Court to certify the attached documents which will be forwarded to the
  appropriate law enforcement agency for the additional required certification.

  Forfeiture and seizure records included in the audit were for:

 535 & 540 - District Attorney Forfeiture                     (Attachment A)
 91002 - Sheriff - Federal Asset Sharing                      (Attachment B)
 91001 - Constable Precinct No.4 Forfeiture                   (Attachment C)
 91004 - Constable Precinct No.2 Forfeiture                   (Attachment D)




 attachments


509 Main Street                         Dallas, Texas 75202                        214-653-6472
Suite 407                                                                      FAX 214-653-6440
                                                                                                                               79
                                                                                                                                                                                                                          Attachment A-I


                                                                      Federal Annual Certification Report
                                                                             This reporl must be submitted within 60 days after the close of your fiscal year 10 Iha:

                                                                           Asset Forfeilure and Money laundering Section          Execuhve Office for Asset Forfeiture
                                                                           U.S. Department of Justice                             U.S. Department of [he Treasury
                                                                           10th and Constitution Avenue, NW                       740 15th Street, NW
                                                                           Bond Building. 10" Fioor                                Suile 700
                                                                           Washington, DC 20530                                    Washington, DC 20220
                                                                           Fax: (202) 616-1344                                     Fax: (202) 622-9610
                                                                           E-mail address: afmls,ac,J@usdoi.oov                    E"maH address: lW1!s.acMci)leo<!J.ITe<1s.(jOV


Law Enforcement Agency: Dallas County Criminal District Attorney
o    Police Department                      0       Sheriffs Office/Department                   0   Task Force (a'tach list ofmcmbors)            o Prosecutor's Office                      0      Other                                    _
Contact Person:                 Maria Lucero                                                                         E~mail Address: MLucero@dallascounty.org

Mailing Address: (Street) 133 N. Industrial Blvd                                                            (City)                 ::D::a"'lIa:.:s'--            (State)                   T"X-'-_ _ (Zip Code) 75207-4399

Telephone Number:                    L.~.!!J ::6::5::3...:-3:.:6:.:0:.:0                               _             Fax Numb."           (~) -=6-=5.=.3--=2-=9.=.24"-                                                                    _


Agency Fiscal Year Ends on: (Month/Day/Year)                                           9/30/05                       NCIC/ORIiTracking No.: _T_X"0,,5_70,,1,,5,,A"-                                                                       _
                                                                                         Summary of Equitable Sharing Activity
                                                                                               (Fiscal Year Ending                   2005               )
                                                                                                                                                                                           Justice Funds                        Treasury Funds
                                                                                                                                                                                           (DEA, FBI, etcY                       ((RS. ICE, etc)'
1.    Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY)                                                                           $ _-"5.:.:74".0",2",6,,,.0,,0_
2.    Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury                                                                                    $----
3.    Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)                                                                            $--=coc=-~
4.    Other Income                                                                                                                                                                                          0,,-0_
                                                                                                                                                                                          $ _--"10".9",0",9",.
5.    Interest Income Accrued (0 check if non-interest-bearing account)                                                                                                                   $_~16".3~9~8,,:.0,,0_                 $----
6.    Total Equitable Sharing Funds (total of lines J - 5)                                                                                                                                $       601.333.00                    $
                                                                                                                                                                                          $ 7(-""-4-:-'.6;;';6"',-':.0C;;0"")   $0""(----
7.    Federal Sharing Funds Spent (total of lines a - n) ..
8.    Ending EquitabJe Sharing Fund Balance (subtract line 7 from line 6)                                                                                                                                       0,,-0_
                                                                                                                                                                                          $ _-"5",96".6",7-"2,,,,.              $----
      Appraised Value of Other Assets Received
9.
                                                                                          "Summar},'of S·harect'rionies 'Sperlt'                                                          $-----                                $----

a.    Total spent on salaries for new, temporary, not to exceed I-year employees                                                                                                          $----                                 $----
b.    Total spent on overtime. .                           .               .                                                                                                              $-~-~                                 $:----
c.    Total spent on infonnant and "buy money"                                                                                                                                            $----                                 $,--~-
d.    Total spent on travel and training                                                                                                                                                  $-----o=_:;~                          $:----
e.    Total spent on conununications and computers                                                                                                                                        $_ _--'-7"07,,.,,00"-                 $,----
f.    Total spent on firearms and weapons                                                                                                                                                 $----                                 $:----
g.    Total
      Total
            spent on body armor and protective gear.
            spent on electronic surveillance equipment
                                                                                                                                                                                          $----                                 ~:-----
h.                                                                                                                                                                                        $----
i.    Total spent on building and improvements.                                                                                                                                           $----                                 $:----
j.    Total spent on drug education and awareness programs                                                                                                                                $--:-~~                               $,----
k.    Total spent on other law enforcement expenses (complete attachment)                                                                                                                 $_ _",3.",9",54".0",0,-               $,----
I.    Total transfers to other state and local law enforcement agencies (complete attachment)                                                                                             $----                                 $,----
m.    Total permissible use transfers (complete attachment)                                                                                                                               $----
           Amount of line (01) used for drug abuse treatment
           and prevention programs                           $                        _
n.    Total spent on matching grants (complete attachment)                                                                                                                                $:;;7':;;;;:C~-                       $,----
o.    Your agency's budget for current fiscal year                                                                                                          $:             ---;1"'1",8,,,,88,,,4,,.0,,,0;:;0,,,.0:,;;-0
p.    Your jurisdiction's budget for current fiscal year                                                                                                    $                  5
                                                                                                                                                                           - 0"6"1".6,,4"'2,,.°':°':°,,.°"'-°
q.    Your agency's budget for prior fiscal year                                                                                                            $                  111.181.000.00
r.    Your jurisdiction's budget for prior fiscal year.                                                                                                     $               -"-5"72,,.",16",3".0",0"0,,,.0,,-0

       Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law
                                        enforcement agency under the federal equitable sharing program during this reporting period.

 Name (Print     Of   rype}.:B:::i::.II.:H"i::.II                                       Date                  _                   Name (Print or Type) Margaret Keliher                                                         Date              _
                                 Law Enforcement Agency Head                                                                                                      Governing Body Head

Signature                                                                                                     _                    Signature:                                                                                                     _

Title: Dallas County District Attorney                                                                                             Title: County Judge




, lnciude unde," JuSI;ee fun,;, ,hal"d co"h, prucccds, "nd propcny reo<:ivd from the Drug Enfurcement Administrat;un (DEAl, l'"der;11 Bureau of InyeSI;g'liun (FB1), U.S. AHHrncy' S 0 flle", U.S. l'ostollnspeCI;"" Sery;c<:.
food "nd Orug Adm;n;slrnl;on. '>n<J V.S. Dc,,"'tm""t or A1!r;~ult\"c
, Include under Trc",ul'y fund' "h"r"d c",h, proc"eds, anti property rece;vod from I.hc I:lure"u of A It,,h,'I, Tobacco, Fire",,,,, and E<plo,ivo, (A TI')". IO'e",al Rcyenue Service (IRS). U.S
Immig""i\ln "nd ('u'turn' Enfurcemenl (ICE). U.S. ('u,lum. "nd llurdcr Pro\C~t;\ln, U.S, Sccre' Scrvi~o. unci U.S, CO",l Gua,,1
       'The llure," Dr Alcohol. Tob"ccu. hw,\'m, and IOxpl",;v,," i," comp"nenl ef illo Dcp;1nmc~1 of Justic~, bul ATF', cqu;lnblo ,har;ng i' currontly prucc"cJ by Ihe Dep"rlme"l "f                                            April   2005
       th" Trc"su')' Unl;: lunhcr nn';cc, pie"," del'",;t ,111 ~ u;\"bly ,11",od c""h· ,,~<:ed, IfUn1 A Tr' in }'our "gency', Trc".,,,ry fund


      Audit performed by:                                                                                                                 County Auditor
                                                                          80
                                                                                                              Attachment A-2



                    Federal Annual Certification Report Attachment
3. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces

                                                                                                         Amount Received
      Name of Law Enforcement Agency                        Agency Address                       Justice Funds   Treasury Funds

                                                                                             $                   $

                                                                                             $                   $

                                                                                             $                   $

If additional space is needed, please attach additional page. Attachment 0    Yes 0     No

k. Total Spent on Other Law Enforcement Expenses

                                                             Amount Spent
                Item Purchased                     Justice Funds    Treasury Funds
Auto Rental                                    $          2,597.00 $
    Fuel Reimbursement                         $          1.324.00 $
    Vehicle Title Transfer                     $             33.00 $

Ifadditional space is needed, please attach additional page. Attachment 0     Yes 0     No

I. Total Transfers to Other State and Local Law Enforcement Agencies

                                                                                                        Amount Transferred
     Name of Law Enforcement Agency                        Agency Address                        Justice Funds    Tr

                                                                                             $                   $

                                                                                             $                   $

                                                                                             $                   $

Ifadditional space is needed, please attach additional page. Attachment   0 Yes 0 No
m. Total Permissible Use Transfers
                                                   Amount Spent
         Name of Recipient Agency                  Justice Funds
                                            $
                                            $
                                            $

lfadditional space is needed, please attach additional page. Attachment 0     Yes 0     No

n. Total Spent on Matching Grants
                                                             Amount Spent
                Name of Grant              I       Justice Funds    Treasury Funds



I                                          Ii                      Ii
IfadditionaJ space is needed, please attach additional page. Attachment   0   Yes   0   No
                                                                                             I
                                                                                                                     April 2005
                                                                                                                                         8 1
                                                                                                                                                                                                                       At tachment B-1


                                                                    Federal Annual Certification Report
                                                                                This report must be submitted wilhin 60 days after U'le close of your fiscal year to Ihe'

                                                                              Asset Forfeiture and Money laundering Section                 Executive Office fO' Asset Forfeiture
                                                                              U.S. Department of Justice                                    U.S. Department of the Treasury
                                                                              10lh and Constitution Avenue, NW                              740 15th Street, NW
                                                                              Bond BUilding, 10'" Floo,                                     Suile 700
                                                                              Washington, DC 20530                                          Washington, DC 20220
                                                                              Fax: (202) 616-1344                                           Fax: (202) 622·9610
                                                                              E~mail address: "fmls.acalti)usdoi·<lov                       E-mail address: t'eas.'lcara)leoat,\reas.qov


Law Enforcement Agency: Dallas County Sheriffs Department
o     Police Department                   G Sheriff's Office/Department                                  0   Task Force (Silach Jj,;\ of members)             o Prosecutor's Office                      0     Other                                    _
Contact Person:                 Darryl Thomas                                                                                E·mail Address:              DDThomas@dallascounty.org

Mailing Address: (Street) 133 N. Industrial Blvd                                                                    (City)                  D::.::;al:::la:::s'-              (State)                  T_X               (Zip Code):::7::5::2:::07'--_ _

Telephone Number:                   c3..!~_J ::6:::5:::3:::-2::;7:::6:.:5'-                                    _             Fax Number:            (214) _6::.5::.3-::.7::.9.:;0_1                                                                 _

Agency Fiscal Year Ends on: (Month/DaylYear)                                                9/30105                          NCICIORllTracking No.: _T_X_O_5_7_00_0_0                                                                               _

                                                                                             Summary of Equitable Sharing Activity
                                                                                                     (Fiscal Year Ending                      2005                  )
                                                                                                                                                                                                        Justice Funds                    Treasury Funds
                                                                                                                                                                                                        (DEA, FBI, etc)1                   (IRS, ICE, etc):!
I      Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY)                                                                                       $ _C';S~S6;c'7",6:;;0",.
                                                                                                                                                                                                                             0,,"0_      $
2.     Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury                                                                                                $ _-=2"22",.8",2,,-9,,,.
                                                                                                                                                                                                                             0,,-0_
3.     Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)                                                                                        $ _-.,-=:",0",.0,,"0_
4.     Other Income                                                                                                                                                                                                         0,,-0_
                                                                                                                                                                                                       $ _ _4=4"-.7,,,3,,-4",.
5.     Interest Income Accrued (0 check if non-interest-bearing account)                                                                                                                                                        0
                                                                                                                                                                                                       $ _--c"'"4".2,,,9.;,7,,,. ,::0_
6.     Total Equitable Sharing Funds (total of lines J 5)                                                                                                                                              $       838.620.00
7.     Federal Sharing Funds Spent (total oflines a - n) .
                                                                                       ¥




                                                                                                                                                                                                       $ ( 219.S0S.00)                                      ,
8.     Ending EquitableSharing Fund Balance (subtract line 7 from line 6)                                                                                                                                                       0,,-0_
                                                                                                                                                                                                       $ _",6-,,19,,-.'!..!'",S",.       $
       Appraised Value of Other Assets Received                                                                                                                                                                                          $
9.
                                                                                   ~ionies   .. ·SUmmary ·Of S·hared·                                     ·Spen't' .                                   $----

a.     Total spent on salaries for new, temporary, not to exceed I-year employees                                                                                                                      $----                             $,----
b.     Total spent on overtime ..                                                                                                                                                                      $                                 $,----
                                                                                                                                                                                                       $----
c.     Total spent on infomlant and "buy money"                                                                                                                                                                                          $
                                                                                                                                                                                                                                         $'----
d.     Total spent on travel and training                                                                                                                                                              $---c;-;;;;-;:;;;;-;;;;--
,      Total spent on communications and computers                                                                                                                                                     $__'"0",0",.2",80"',,,00,,--      $,----
f.     Total spent on firearms and weapons                                                                                                                                                             $_.-:2"6,,,,8:,42"',,,00,-        $,----
g.     Total spent on body armor and protective gear                                                                                                                                                   $_--"3"0.",9",56,,,.0,,,0,-       $,----
h.     Total spent on electronic surveillance equipment                                                                                                                                                $_-,;27S."0~03,,.~00o-­           $,----
,.     Total spent on building and improvements                                                                                                                                                        $_--,'-'.'.",4"28".0,,,0,-        $._---
j.     Total spent on drug education and awareness programs                                                                                                                                            $--;c;-==-                        $----
k.     Total spent on other law enforcement expenses (complete attachment)                                                                                                                             $_~24:c.,,-99,"6!..!.0,-,0,-
                                                                                                                                                                                                                                         $----
I.     Total transfers to other state and local law enforcement agencies (complete attachment)                                                                                                         $----                             $----
m.     Total permissible use transfers (complete attachment)                                                                                                                                           $----
            Amount of line (01) used for drug abuse treatment
            and prevention programs                           $                        _
n.     Total spent on matching grants (complete attachment)                                                                                                                                              $;;-;c;=;;----                  $----
o.     Your agency's budget for current fiscal year                                                                                                                .. $:                    --c"''''8'''.8'''84,,.'''00,,0'''.0'''-0
p.     Your jurisdiction's budget for current fiscal year                                                                                                             $                          '                       0
                                                                                                                                                                                            -';5:"'6"".o;-64;:'2"'.0"Oc:-':.0"'-0
q.     Your agency's budget for prior fiscal year                                                                                                                     $                          111.181.000.00
r.     Your jurisdiction's budget for prior fiscal year.                                                                                                                $                    --"S-"72"'.-"'6,,3"'.0,,0"'0"'.0"-0

        Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law
                                         enforcement agency under the federal eqUitable shanng program dunng this reportmg period.

 Name (Print or Type)..:L:.:u:.:p:.:ec.V.:.:a:.:ld:.:e:::z'-                                Date                      _                     Name (Print or Type) Margaret Keliher                                                        Date           _
                                 Law Enforcement Agency Head                                                                                                                    Governing Body Head

Signature                                                                                                              _                    Signature:                                                                                                      _


Title: Dallas County Sheriff                                                                                                                Title: County Judge

This ["rm is subjecllo Inc f',~c<1"m oflnformal;Wn A"                  'nu     may be ,do",cu unde" S U.S,C           * 552.   S~e                        ,rim11l"I";   "Il':'.:'",,: <H   '.\




, Include unde' Ju,lice fundS sho'ed cash, PfO"cc<1s, "nd properly ,'ccc;vcd               fr~m   tho Drug lOnfufCemCl1t Administration (Db\), Fellcml t3u,cau of Invesligat;o" (Fill). U.S. AHu'ncy', Ofllcc. U.S. 1'0,1.1 Insp"ct;Otl Service,
Food "nd Drug Admin;.t''';'ln, and U ,S. Dep"flmcnl             "r Agfitullu"C
, lnclwdt under Trea"ury funds sha'ed co.h. proceods. and p,operly 'eceived from Ih~ l3u,c~u 0 r Alcon";, Tobaccu, F i,n,m. and Explosivo' (A TF)O, Intorn.l Rovcnuc Sor"ico (IRS), U.S
 Immig"~liun onJ Cu,t"m, Enf","cmenl nCEL U.S. CU,l(lmS .nu Burder Proloeriun, U.S. Secrot Scr";ee, .nu U.S. CoaS! Gua,d

        'Tbe !lure"u "r Ale"l",!. Tob"ccu, Fire"""" "nd Explosives is II componcnt ,,[the Dop"rtment of Juslicc, but AT!", equitoblc sb"rj~g i' eurrenlly pwcc",cd by the Dcr>anmcnl ur                                                      April 2005
        l~~~";;' U;::;c~:::~C",~;;S;1"J'it"bIY ~h"red cO'i;                                         J1   uccclh from ATF in     yuu' "gcn"y;~:;~;ndAUdi tor
                                                                                82
                                                                                                                        Attachment B-2



                       Federal Annual Certification Report Attachment
     3. Federal Sharing Funds Received from Other law Enforcement Agencies and Task Forces

                                                                                                             Amount Received
       Name of Law Enforcement Agency                           Agency Address                       Justice Funds   Treasury Funds

                                                                                                 $                 $

                                                                                                 $                  $

                                                                                                 $                 $

     Ifadditional space is needed, please attach additional page. Attachment 0      Yes 0   No

     k. Total Spent on Other law Enforcement Expenses

                                                                Amount Spent
                  Item Purchased                      Justice Funds    Treasury Funds
     Furniture                                    $          18.295.00 $
     Evidence testinq supplies/equipment          $           4.516.00 $
     TV's. DVD's. VCR's                           $           2.185.00 $

     If additional space is needed, please attach additional page. Attachment 0     Yes 1ZI No

     I. Total Transfers to Other State and local law Enforcement Agencies

                                                                                                            Amount Transferred
       Name of Law Enforcement Agency                           Agency Address                       Justice Funds    Treasury Funds

                                                                                                 $                  $

                                                                                                 $                  $

                                                                                                 $                  $

     If additional space is needed, please attach additional page. Attachment 0     Yes 0   No

     m. Total Permissible Use Transfers
                                                      Amount Spent
            Name of Recipient Agency                  Justice Funds


J                                                Ii                     I
     If additional space is needed, please attach additional page. Attachment 0     Yes 0   No

     n. Total Spent on Matching Grants
                                                                Amount Spent
\1                Name of Grant                  I    Justice Funds    Treasury Funds


                                                 Ii                     li:.:-----
     If additional space is needed, please attach additional page. Attachment   0   Yes 0   No

                                                                                                                        April 2005
                                                                                                                                 83
                                                                                                                                                                                                                          Attachment C


                                                                 Federal Annual Certification Report
                                                                          This reporl must be submilled within 60 days arter the close of your fiscal year to lhe:

                                                                       Asse! Forfeiture and Money Laundering Section                Executive Office for Asset Forfeiture
                                                                       U.S. Department 01 Justice                                   U.S. Deparlment of the Treasury
                                                                       10th and Constitution Avenue, NW                             740 15th Sireet, NW
                                                                       Bond BuHding, 10" Floof                                      Suite 700
                                                                       Washington, DC 20530                                         Washington, DC 20220
                                                                       Fax: (202) 616_1344                                          Fax: (202) 622·9610
                                                                       E-mail ~ddress: nfmls.<lcn(G:1usdoj_'NY                      E-rnall address: t"J<'S.a .."fij}lau;,f.!'83S.{jOV


Law Enforcement Agency: Dallas                                           Constable Precinct 4
o        Police Department              0    Sheriff's Office/Department                       0   Task Force (auocn      lisl "fmembers)          o    Prosecutor's Office                   ® Other -=-:c==-
                                                                                                                                                                                                       Constable                               _
Contact Person:                Toni Cummings                                                                       E~mail Address: TCummings@da!lascounty.org

Mailing Address: (Street) 630 W. Main Street                                                               (City),_ _,--G:.r::a"n::d.cP.cr"a.ciri::e              ,(State)                 T_X                   ,(Zip Code)...:7.::5.::0,,50::...._ _

Telephone Number: ( 972 ) ~2:.:6::2,--3:.0:.5:.:9,--                                                 _             Fax Number:              (972) _2-'6_4_-7...:6...:0-'3                                                                        _

Agency Fiscal Year Ends on: (Month/Day/Year)                                          9/30/05                      NCIC/ORl/Tracking No.: _T_X_0_5_7_4_1_0_0                                                         ~                            _

                                                                                       Summary of Equitable Sharing Activity
                                                                                             (Fiscal Year Ending                      2005               )
                                                                                                                                                                                           Justice Funds                          Treasury Funds
                                                                                                                                                                                           (DEA, FBI, etc)1                        (IRS, ICE, etc)"
I.       Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY)                                                                        $ _---'3"'.5,,8"'9.",0,,_0_             $----
2        Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury
         Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)
                                                                                                                                                                                          $
                                                                                                                                                                                          $----                                   ~----
J.
4.       Other Income                                                                                                                                                                     $                                       $----
                                                                                                                                                                                          $-----
5.       Interest Income Accrued (0 check if non-interest-bearing account)                                                                                                                                                        $
                                                                                                                                                                                                                                  $----
6.       Total Equitable Sharing Funds (total of lines I - 5)                                                                                                                             $
                                                                                                                                                                                          $7(---"'-)                             $(
7.       Federal Sharing Funds Spent (total of lines a - n) .
8.       Ending Equitable Sharing Fund Balance (subtract line 7 from line 6)                                                                                                              $_---'3"'.5",8"'9"'.0"-0_               $----
9.       Appraised Value of Other Assets Received
                                                                                         .'Summary 'of S'hared'Ni'oriies 'Sperlt'                                                         $----                                   $----

a.       Total  spent on salaries for new, temporary, not to exceed I-year employees                                                                                                      $:----
                                                                                                                                                                                          $
b.
c.
         Total
         Total
                spent on overtime.
                spent on informant and "buy money"
                                                                                                                                                                                          $:----
d.       Total  spent on travel and training                                                                                                                                              $,----
e.       Total  spent on communications and computers                                                                                                                                     $:----
f.       Total  spent on firearms and weapons                                                                                                                                             $:----
g.       Total  spent on body armor and protective gear.                                                                                                                                  $:----
h.       Total  spent on electronic surveillance equipment                                                                                                                                $----
i.       Total  spent on building and improvements.                                                                                                                                       $:----
j        Total  spent on drug education and awareness programs                                                                                                                            $----
k.       Total  spent on other law enforcement expenses (complete attachment)                                                                                                             $,----
I.       Total  transfers to other state and local law enforcement agencies (complete attachment)                                                                                         $----
m.       Total  permissible use transfers (complete attachment)                                                                                                                           $----
               Amount ofline (m) used for drug abuse treatment
               and prevention programs                           $                        _
n.        Total spent on matching grants (complete attachment) ...                                                                                                                        $:=~~-                                  $----
o.        Your agency's budget for current fiscal year                                            ....... $:                                                                 -c'~'''-8.':'8'''84".0'''Oc:O".0'''_0
p.        Your jurisdiction's budget for current fiscal year                                              $                                                                        61         2 O
                                                                                                                                                                             --';S"'C'.6"'4:c"'.Oc:"'0':.0"-0
q.        Your agency's budget for prior fiscal year                                                      $                                                                  ---;"c;"".+"8 ' ' ·0"0C;;0'' .O,,.0
                                                                                                                                                                                            S
r.        Your jurisdiction's budget for prior fiscal year.                                               $                                                                  -"5"72"'.,,'6"'3,,.0"'0,,0"'.0"_0

          Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law
                                           enforcement agency under the federal eqUitable sharing program during this reportmg period.

 Name (Print or Type),~R:.::... =L:..S:::.:k"in"n:.:e:.r                               Date                    _                     Name (Print or Type) Margaret Keliher                                                       Date                    _
                                Law Enforcement Agency Head                                                                                                        Governing Body Head

Signaturc:                                                                                                     _                     Signature'                                                                                                          _


Title: Dallas County Constable                                                                                                       Tille: County Judge

 This [Mm i' ,ubj""1 ", lhe hccdum uf Infurm"li"n A~, anu may he 'c!e",cd under 5 U.S.C § 552                          See


<    Inciudc under Jusli"" funds ,h"rcd   "",It, rru"~~d,_   and im}jlcny rc~ei"od r,."m lit" D,.,,~ Enforcen'~ni A<!millis"."tion (DcA). redo",,1 lJur~"u "f InVC'l;ll"iun (I'll I), U .$. Allorncy's 0 meo. U.S. I'USlal l",pceliull Serv;cc,
I'",," "nd Drug Adm;n;'''"lion. ;n<l U.S. Dep"rlm«l1 of .'1gri"ui'"re
, Indud" under Trc"ul'y fund, sh~r",1 ,"'h, proceed" ""d jlTupeny received frum thc lJ "rellu uf Akuhul, T 00 ""CO, ~.. irca"", and Explo';Ye, (A TF)',               J"I~rnal   Revenue       S~r"i~e     (IRS), \) ,$
ImmiW"\;On "nd Cu'loms t.nfUl'ccmcnl (leE). U,S. (wswm, ,,,,,Il'lor<!cr I'rolcc,ion, U,S. Sccrel Se,',;o", and U,S. C,,"S\ Gu"rd
          "Tit" ~brc,," n[ Alcon"l, T"h"cc~, Fire"rm, :lnO Exrio,iv~, i' " "~mp'-'Il~,,l o[ lhe Dcp"nmCnl of JU'licc, h"t A T~', ~quil"blc ,h"ri"g i' ""nwlly >",o~e",ed by tlte Dcpo'imen: "I'                                     April    2005
          lno T,c",ury Unlilf"nhcr l1o:iee. plo"'c d"pll>i' ,';1 c'Iu;lohly "h"r~<I "",It "n  OC~"<h h"m ATf in Y<>Ul" ,,~",\Cy', Trca,ury fund


          Audit performed by:                                                                                                         County Auditor
                                                                                                                                     84
                                                                                                                                                                                                                                 Attachment D

                                                                      Federal Annual Certification Report
                                                                              This rsoorl must he suomitt",d within 60 days after the close of your fiscal year to the·

                                                                           Asset FOrfeiture and Money laundering Section                 Executive Office for Assel FOrfeiture
                                                                           U.S. Department or Justice                                    U.S, Department of the Treasury
                                                                           10th and Constitution Avenue, NW                              740 1 51h Street, NW
                                                                           Bond Building, 10" Floor                                      Suite 700
                                                                           WaShington, DC 20530                                          Washington. DC 20220
                                                                           Fax: (202)616.1344                                            Fax: (202) 622-9610
                                                                           E-mail address: tlfmls,actl@l,suoi,qov                        E-mail address: tfeas.ilcal\iJteoal.treas.qov

Law Enforcement Agency: Dallas County Constable Precinct 2
    o   Police Department                     0       Sheriff's Office/Department                 0    Task Force (auach list of members)                         o Prosecutor's Office                 ® Other cC~o:::::n~s~ta~b~l~e,-~~_~_
Contact Person:                      Don Kuhn                                                                           E~mail Address: DKuhn@dallascQunty.org

Mailing Address: (Street)..:3..:0..:5..:N..:._F_i_fth---,S..:tr..:e..:e..:t                                   ,(City)                   G:...a..:r..:la..:n..:d              (State)'                 T:...X"-_ _(Zip COde)_7..:5..:0..:4..:0       _

Telephone Number: ( 972 ) _4_9_4_-_14_9_4                                                                _              Fax Number:                  (972) ~2:.:8:::8:...-9:::3:::7:...1'_                                                      _

Agency Fiscal Year Ends on: (Month/DaylYear)                                             9/30/05                        NCICIORIITmcking No., _T:...X..:O..:5:...7:=-37:...0::.:0'_                                                             _
                                                                                           Summary of Equitable Sharing Activity
                                                                                             (Fiscal Year Ending  2005      )
                                                                                                                                                                                                      Justice Funds                   Treasury Funds
                                                                                                                                                                                                      (DEA, FBI, etc)'                 ([RS, ICE, etc)'
I.      Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY)                                                                                    $--c-~~                         $----
2.      Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury                                                                                             $_ _1",.5",7-'.7",.0~0_         $----
3.      Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)                                                                                     $----                           $----
4.      Other Income                                                                                                                                                                                 $----                           $----
        Interest Income Accrued (0 check ifnon-interest*bearing account)
5.
6.      Total Equitable Sharing Funds (total of lines I - 5)
                                                                                                                                                                                                     $----                           $:----
                                                                                                                                                                                                                                     $
                                                                                                                                                                                                     $----                           $-,.-(----
7.      Federal Sharing Funds Spent (total of lines a - n) .                                                                                                                                         $(                          )
8.      Ending Equitable Sharing Fund Balance (subtract line 7 from line 6)                                                                                                                          $_ _1",.5",7-'.7".0",,0_        $----
        Appraised Value of Other Assets Received
9.
                                                                                              'Summary 'of shared'Monies 'Spei-i'                                                                    $----                           $,----

a.      Total spent on salaries for new, temporary, not to exceed I-year employees                                                                                                                   $----                           $----
b.      Total spent on overtime ..                                                                                                                                                                   $----                           $----
c       Total spent on infonnant and "buy money"                                                                                                                                                     $----                           $,----
d.      Total spent on travel and training                                                                                                                                                           $----                           $----
e.      Total spent on communications and computers                                                                                                                                                  $----                           $._---
f.      Total spent on fireanns and weapons                                                                                                                                                          $----                           $
                                                                                                                                                                                                                                     $----
g.      Total spent on body armor and protective gear.                                                                                                                                               $
                                                                                                                                                                                                     $----
h       Total spent on electronic surveillance equipment                                                                                                                                                                             $,----
i.      Total spent on building and improvements                                                                                                                                                     $----                           $----
j.      Total spent on drug education and awareness programs                                                                                                                                         $----                           $----
                                                                                                                                                                                                     ~----
k       Total spent on other Jaw enforcement expenses (complete attachment)                                                                                                                                                          $----
 I.     Total transfers to other state and local law enforcement agencies (complete attachment)                                                                                                                                      $----
m.      Total permissible use transfers (complete attachment)                                                                                                                                        $-----
             Amount of line (m) used for drug abuse treatment
             and prevention programs                           $_ _~_ _~~               _
n.      Total spent on matching grants (complete attachment) ,                                                                                                                                       $--~-
o       Your agency's budget for current fiscal year                                                                                                                 .$                 --,01c:18".8~8"'4".0"'0"_0.,,00"-
p.      Your jurisdiction's budget for current fiscal year                                                                                                            $                 ---"5"'6..:1."'64"'2"'.0"'0,,0.,,00"_
q       Your agency's budget for prior fiscal year                                                                                                                     $                --'-11.11"'.,,18,,1"'.0"'0'!c0.'!c00"-
r       Your jurisdiction's budget for prior fiscal year.                                                                                                              $                -"5"'72"'.,,16"'3"'.0"'0"-0."_00"_

        Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law
                                         enforcement agency under the federal equitable shanng program dunng thiS rcportlJ1g peflod.

Name (Print or Type) Michael Gothard                                                     Date                  _                        Name (Print or Type) Margaret Keliher                                                        Date               _
                                    Law Enforcement Agency Head                                                                                                              Governing Body Head

Signature:                                                                                                         ~                     Signature:                                                                                                     _


Title: Dallas County Constable                                                                                                           Title' County Judge




, ;nclude unde,. Ju'llcc ruod, ,hored ea,h, procecd" and property rccclvcd fro", Ihc Dfu ~ I;:nfurcemcnl A<Jmln;,lr~',un (DI;:A), F ~cie,"1 !3urc"" uf kvc\ligo"'on (F Ill), D.S, Attorney', 0 IT",", V.S. rO'lall"sp~e\ion Scrviee,
Fuud and D,.ug AJminis!roliun, "nJ U.S. DepartmcnL of Agr;~ul'u"e
, Includc un<k,- Tre,,"ury fuod' 'h'm'd "''''h, I"Q"cc,1;. ao'i propCfly rG~"ivcJ ['-00' 'no lJ ureou 0 r Alcunui. Tobo""o, !'if 0'"'''' und l;:,plo,lv'" (A TF)·, 101"rn"1 !1.nenoc SeL"iec (iRS). U.S
ImFl\;grolion and     C",,,,m,
                            Enl'"rcc"'o", (lCE), U.S. C'U'ilHl1' "nd Horde]' I'wlccliun. U.S, Sec"ol Servi,", a",1 V.S. CO",! Gu"rd
        ~Tho !3'''"'lU   "r Ak"h,,1. T"p,l<;e(;. Fire" ..""                                                                         An",
                                                                an,1 t:,<riu";v~, i, ~ "u"'p<lnonl ul'l!)o [Jcp"n",onl "r justi~", b"i        C4uilObic """ing i, ounonlly pfOoo"cd hy lho Pop"f\mon\ or                              April 2005
        \h~   '1"0"""'.,-. U",il   h,,'h~r 'lE"i~o,   pica'" dCI'",i' ,,:I ~qui lhly ,I"',~d c,L,h ,m! p      Is rmm ATF ;\1 yUUf ,(,elley', T,oasw'y bnJ


        Audit performed by:                                                                                                                            County Auditor
                                                   85



                          DALLAS COUNTY
                          COMMISSIONERS COU~\1 ~P~I~lg~~lION




Date:          November 22, 2004

To:            Commissioners Court

Through:       Robert Clines

From:          Rodney Christian I(1fV

Subject:       Replacement Computer Hardware for Juvenile Youth Village



Data Services requests approval to purchase the following computer equipment for the Juvenile
Youth Village:

           •   Fourteen desktop computers;
           •   Three desktop laser printers;
           •   One inkjet color printer; and
           •   One networked laser printer


BACKGROUND

The computers utilized by the staff at the Juvenile Youth Village are five (5) years old or older-
with one exceeding 10 years in age. These older computers do not have the available memory or
processor speed to meet the processing needs of the department.

Five of the department's printers should be upgraded as well. The newer printers support the
graphics required by today' s software and provide a significant increase in printing speed.

Two PCs and three printers within the department meet the processing needs ofthe users and will not
be replaced. These are two-three years old and should have approximately two years of useful life
remaining.


IMPACT ON OPERATIONS AND MAINTENANCE

The age of the current computer hardware and the corresponding lack of processing speed and
ongoing need to repair the hardware impacts the productivity of this Department.
                                                  86



FISCAL IMPACT

The total cost for the hardware, software and installation is estimated to be $22,196. Funding
for this request is available in the Major Technology Fund, Computer Equipment Replacement
(195.0.02093.2005.92014).

Item                          Unit         No.   Extended Cost
                              Cost
Dell GX620 Desktop / Software $1,190       14    $16,660
HP 1320 LaserJet              $ 375         3    $ 1,125
HP DJ6840Dt Inkjet            $ 250         I    $ 250
HP 4250n LaserJet             $1,200        I    $ 1,200
Installation Cost             $2,961        I    $ 2,961
                                                 $22,196


RECOMMENDATION

Data Services recommends the purchase of the requested computer equipment.

This request was presented to the IT Steering Committee on November 15, 2005.
                                                           87



               DALLAS COUNTY
               PUBLIC WORKS




         November 14,2005

         MEMORANDUM

         TO:                Commissioners Court

         THRU:              Commissioner Kenneth A. Mayfield, District 4

         FROM:           Donald R. Holzwarth, P.E.
                         Director of Public Works

         SUBJECT:           Rationale for Same Day Briefing and Court Order
                             Support For Regional Rail Authority

         A Court Order has been placed on the formal agenda for November 22, 2005, which
         corresponds to the attached briefing, outlining the support for the establishment of a
         Regional Rail Authority in the North Central Texas area.

         Please advise if you have any questions.


         cc:      J. Allen Clemson, Court Administrator
                  File (Regional Rail Authority)
                 <l(A)




411 Elm Street, 4th Floor                      Dallas, Texas 75202                                (214) 653-7151
                                                                88



                              DALLAS COUN1Y
                              PUBLIC WORKS



  November 14, 2005                                         Same Day Briefing and Court Order


  MEMORANDUM:
  TO:                 Commissioners Court

  FROM:               Donald R. Holzwarth, P.E.
                      Director of Public Works


  SUBJECT:           SUPPORT FOR REGIONAL RAIL AUTHORITY


  Background
  As the Dallas-Fort Worth Metropolitan Area continues to grow in population and places increasing demands on the
  transportation system, the urgency to address regional rail transit needs, rail funding requirements and institutional
  arrangements to meet this regions rail transit needs becomes paramount. There is a demonstrated need to provide
  regional rail services to Collin, Dallas, Denton, Ellis, Johnson and Tarrant Counties to address the projected increase in
  population, employment and congestion. This regional system of rail services should offer a seamless system of rail
  transit services and funding for such a system should be shared by all residents of the counties receiving that service.
  A Regional Rail Authority (RRA) should be created to provide this funding and represent the area of participation. This
  Authority should work cooperatively with the three existing transportation authorities (Dallas Area Rapid Transit.
  Denton County Transportation Authority and the Fort Worth Transportation Authority) and future additional counties.
  to provide a seamless system of rail transit services.
  Financial Impact
  Local governments. transit authorities and the State should have a common base for taxable goods and services through
  a new revenue stream that would be dedicated solely to the development and ongoing operation for a regional rail
  service. There is a strong preference for additional sales tax capacity for a regionwide local option election that could
  provide such revenues. There should be supportive cooperation throughout the region to maximize the amount of federal
  funding for this proposed regional rail system.
  Recommendations

  It is recommended that the Dallas County Commissioners Court support the Statement of Principles for the
  Implementation ofa Regional Rail System in North Central Texas as defined in the Mobility 2025 - 2004 Update.




 trtP;Ytrn
  Donald R. Holzwarth, P.E.
.-£lirector of Public Works
~0
  Attachments:

  cc·.    Michael Morris, Transportation Director NCTCOG
  411 Elm Street, 4th Floor                  Dallas, Texas 75202                                     214-653-7151
                                                                    89




          .             STATEMENT OF PRINCIPLES FOR THE IMPLEMENTATION OF
-                         A REGIONAL RAIL SYSTEM IN NORTH CENTRAL TEXAS


             WHEREAS, area leaders serving on committees of the North Central Texas Regional Transit Initiative
    have met over the past year to address the region's rail transit needs, rail funding requirements, and institutional
    arrangements to meet the region's rail transit needs as defined in Mobility 2025 - 2004 Update,the metropolitan
    transportation plan for the Dallas-Fort Worth Metropolitan Area; and

             WHEREAS, there is an agreement on a demonstrated need for the provision of regional rail services in
    Collin, Dallas, Denton, Ellis, Johnson, and Tarrant Counties to address the projected increase in population,
    employment, and congestion; and

              WHEREAS, funding for regional rail services should be shared by all residents of the counties receiving
    regional rail services; and

              WHEREAS, regional rail services should offer the region's citizens a seamless system of rail
    transit services.

    NOW, THEREFORE, BE IT RESOLVED:

              Section 1.       A new revenue stream is required that wouid be dedicated to the deveiopment and
                               ongoing operation for regional rail service. There is a strong preference for additional
                               sales tax capacity allowing for a regionwide local option election that could provide
                               such revenues.
              Section 2.       Local governments, transit entities, and the State should have a common base for
                               taxable goods and services, including any goods and services newly taxed by
                               the Legislature.
              Section 3.       The continued growth of the existing transportation authorities, through
                               the addition of new cities, is encouraged.
              Section 4.       A new Regional Rail Authbrity (RRA) should be created to provide funding and
                                      represent the area as shewn on Exhibit 1.
              Section 5.       The new RRA wouid work cooperatively with the existing. transportation authorities to
                               provide the public with regional rail services throughout the region.
              Section 6.       A seamless system of rail transit services should be offered throughout the region.
              Section 7.       The three existing transportation authorities will maintain their respective funding,
                               responsibilities, and commitments (Dallas Area Rapid Transit, Denton County
                               Transportation Authority, and the Fort Worth Transportation Authority).
              Section 8.       There should be a provision for representation for the three existing
                               transportation authorities in the governance of the new RRA to encourage continued
                               cooperation and coordination.
              Section 9.       There should be a mechanism (in the permissive legisiation) for additional geographic
                               areas (counties) to join the new RRA.
              Section 10.      There should be cooperation throughout the region to maximize the amount of federal
                               funding for regional rail.



                               ~~~Lm"m"J""ff"ee~--- -ii~-                       Chairperson, Institutional Committee




                               Chairperson, Legislative Committee
                                                                90



                             DALLAS COUNTY
                             PUBLIC WORKS
                             Transportation Planning Division

    November 22, 2005


    MEMORANDUM


    TO;              Commissioners Court

    THRU:            Commissioner John Wiley Price, District 3

    THRU:            Commissioner Kenneth A. Mayfield, District 4

    FROM:            Donald R. Holzwarth, P.E.
                     Director of Public Works

    SUBJECT: Loop 9 Amendment #5 • Fatal Flaw Analysis Contract and
             Amendment #2 • Texas Department of Transportation (TxDOT)
             Local Participation Advanced Funding Agreement (LPAFA)

    BACKGROUND

   On December 20, 1994, the Commissioners Court awarded a contract to Parsons Transportation Group
   ($784,115) to conduct a Loop 9 Feasibility and Alignment Study (Court Order #94-2110).
   Amendment #1: In April, 1997, the Court increased the scope of services ($49,987) to address new federal
   requirements and increased the limits of the study. (Court Order # 97-723).
   Between July 1997 and August 1999, the study was "on hold" pending resolution of an additional scope, cost
   and funding of work proposed by the participating entities (Seagoville, Lancaster, Cedar Hill, Mansfield and
   Grand Prairie). The issues included alternative alignments, updated Thoroughfare Plans and new regional data.
   Amendment #2: On August 31, 1999, the Court approved an additional $23,000 to the consultant to help resolve
   the level of detail and extent of additional work needed to move the study forward. (Court Order 99-1623)
   Amendment #3: On April 30, 2002 the Court changed the project to a Major Investment Study and Draft
   Environmental Impact Statement (MISIDEIS) and authorized $411,500 in federal funds and $411,500 in County
   and local funds to complete the DEIS study (Court Order #2002-818).
   From April 2002 to December 2003 the project schedule had to be adjusted due to: NCTCOG delayed
   demographic and travel forecast information; National Environmental Protection Agency (NEPA) required
   update of Existing Conditions Report; stakeholders required multiple alternative alignments analyzed before
   reaching agreement on the Preferred Alignment Options; dispute in the location of the IH 35E interchange
   (Lancaster, Glenn Heights, and Red Oak). While resolving these issues took time, their resolution made the MIS
   relevant and assured it would lead to a Record of Decision.
   Amendment #4 - On November 9, 2004, the Court approved a revised scope of services and authorized $331,050
   in federal funds, $200,000 iu Dallas County funds and "in-kind" services ($131,050). The consultant new scope
   of services included completion of the environmental assessment, schematic design of intersections and task
   force/public meetiugs (Court Order #2004-2069).




411 Elm Street, 4 th Floor                           Dallas, Texas 75202                           214-653-7151
                                                             91



    DESCRIPTION

    Consultant Contract Amendment #5 - In June, 2005, at the request of Mr. Michael Morris, the Loop 9 Policy
    Group and Task Force members met to discuss the Loop 9 project and use of alternative funding mechanisms
    recently approved by Texas legislature (HE 3588). The group agreed to move forward with the proposed six-lane
    parkway yet investigate the use of the internal maiu lane ROW for alternative modes. Member cities requested
    Dallas County Public Works, in cooperation with NCTCOG, prepare a Fatal Flaw Analysis for the following
    modes: freight rail; managed lanes for trucks; managed lanes for autos; andlor a mix of truck/autos managed
    lanes.

    The initial phase of the analysis will identify the industry standards for safe and efficient operation of a
    particular mode. The Loop 9 alternative alignments will then be analyzed to determine if they meet the
    standards (grades, curvatures, lane widths, etc.). The study will identify what modes will work within the
    constraints of the existing alignments and proposed main lane width. The results will be presented to the Loop
    9 Policy Group for further consideration. The Policy Group may request further analysis of a particular mode.
    If so, the consultant will be requested to provide a new scope of services.

    The consultant has provided a scope of services for the initial phase of the study at an estimated cost $73,
    215.00. NCTCOG and TxDOT have agreed to change the funding level for this study to 80% federal and 20%
    local match (DEIS Stndy is currently 50% federal and 50% local match).

    TxDOT LPAFA Amendment #2 - TxDOT has requested Dallas County Commissioners Court execute the
    attached Advance Funding Agreement Amendment #2. This document amends the original TxDOT Loop 9
    MISIDEIS contract executed on October 19th of 2001. The Revised Attachment C Project Budget Estimate
    and Source ofFunds is amended to reflect the Fatal Flaw Analysis Study (initial phase only). Under tbe section
    beginning with STP-MM FUNDS - This Amendment No.2 - the total estimated cost for this study is $73,215.
    The following columns show a Federal Participation (80% match) of $58,572 and a Local Participation (20%
    match) of $14,643.

    FINANCIAL IMPACT

    Pending approval of the TxDOT LPAFA, $58,572.00 in additional federal funds will be available for
    Amendment #5 (Fatal Flaw Analysis Study). Dallas County will be responsible for a 20% local match of
    $14,643. These matching funds will be evenly split and paid by 1991 Bond Funds allocated to Road & Bridge
    Districts 3 and 4.

    IMPACT ON OPERATIONS

    Dallas County Public Works will work closely with NCTCOG staff and the consultant to expedite completion of
    the initial phase of this Fatal Flaw Analysis Study. The results of the initial phase will determine what if auy
    modes are feasible and of those which will require further detail analysis. This study will determine if changes
    are necessary in the DEIS approach and schedule.

   PROJECT SCHEDULE

   The initial phase of the Fatal Flaw Analysis Study is expected to be complete six-months after the consultant
   receives Notice-to-Proceed (estimated completion May, 2006). Pending results of the initial phase will
   determine future schedules of additional phases and DEIS process. Dallas County Public Works will work
   closely with all parties to eusure schedules are met iu a timely manner.




411 Elm Street, 4 lh Floor                         Dallas, Texas 75202                                214-653-7151
                                                          92



    RECOMMENDATION

    We recommend Commissioners Court approval of Amendment #5 to the Parsons Contract to provide
    professional services in connection with the Loop 9 Fatal Flaw Analysis Study. Contract Amendment #5, as
    recommended, would increase the fee payable under the Contract by $73,215.00 (Federal $58,572/ County
    $14,643) for an amended maximum fee of $2,284,367.00. If the Commissioners Court concurs, a Court Order
    to approve Contract Amendment #5 will be placed on the next regular agenda for the Court's consideration.

    We also recommend Commissioners Court approval of the TxDOT LPAFA Amendment #2 to the Advance
    Funding Agreement between Dallas County and the State of Texas (Texas Department of Transportation, CSJ
    2964-10-00 I Loop 9 Major Investment StudylEnvironmental Impact Statement). Amendment #2 accepts the
    approved federal funds in the amount of $58,572.00.


    APPROVED BY



    Donald R. Holzwarth, P. E .
   •Director of Public Works
   >tV

    Cc: Sam Wilson, Asst. Director
        Barbra Leftwich, Sr. Transp. Planner
        Edmund Haas. Parsons
          Moos. Saghian. TxDOT
          File-Loop 9




                    th                         Dallas, Texas 75202
411 Elm Street, 4        Floor                                                                  214-653-7151
                                                        93


                                                                    County: Dallas
                                                                    CSJ: 2964-10-001
                                                                    Project No.: STP 2002 (800) MM
                                                                    Location: Loop 9
                                                                     Limits: From IH 20 to Dallasffarrant County Line

STATE OF TEXAS              §
COUNTY OF TRAVIS            §
                                       ADVANCE FUNDING AGREEMENT
                                             AMENDMENT # 2
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the State, and Dallas County, acting by and through
its duly authorized officials, hereinafter called the Local Government.
                                          WITNESSETH
WHEREAS, the State and the Local Government executed a contract on October 19, 2001 to
effectuate their agreernent to conduct a Major Investment Study (MIS) to evaluate all possible
alternative modes of transportation within the Loop 9 corridor from the proposed southern extension
of SH 190 at IH 20 in the City of Mesquite to the proposed southern extension of SH 360 in Tarrant
and Ellis Counties to conclude with the identification of a locally preferred alternative proposed typical
design sections and subsequent State and Federal Highway Administration approval of the MIS,
Environmental Document, and the preliminary engineering; and,
WHEREAS, the State and the Local Government amended the contract on January 3. 2005 to
increase the project funds; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, the State and the Local Government do agree as follows:
                                           AGREEMENT

Article 1. Description of Amended Items
       Article 4, Scope of Work is hereby amended to add freight rail and managed lanes to the
       alternative modes of transportation, and/or a mix thereof, to evaluate the effects to the physical
       aspects of the existing Loop 9 Corridor and the design aspects of the proposed corridor and to
       fund this scope of work with Surface Transportation Program-Metropolitan Mobility (STP-MM)
       funds.
       Attachment C. Project Budget Estimate and Source of Funds, is hereby amended to add
       Surface Transportation Program-Metropolitan Mobility (STP-MM) funds in the amount of
       $73,215 to the project funding source with the percentage and absolute dollar amount to be
       contributed to the project by the federal, state and local sources outlined in the revised
       Attachment C, hereto attached and made part of this agreement.
       Article 12.a. Project Cost Estimate is revised to read "A Project Cost Estimate is provided in
       Revised Attachment C", which is hereto attached.
       Article 12.d. A Source of Funds is revised to read "A Source of Funds estimate is also
       provided in Revised Attachment C, hereto attached. Revised Attachment C shows the

 AFA-LPAFA_OnSys                                  Page 1 of 3                              Revised 9/26/05
                                                             94


                                                                  County: Dallas
                                                                  CSJ: 2964-10-001
                                                                  Project No.: STP 2002 (800) MM
                                                                  Location: Loop 9
                                                                  Limits: From IH 20 to Dallasrrarrant County Line
        percentage and absolute dollar amount to be contributed to the project by federal, state and
        local sources."

        Article 12.h. is amended to read "The state auditor may conduct an audit or investigation of any
        entity receiving funds from the state directly under the contract or indirectly through a subcontract under
        the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under
        this contract acts as acceptance of the authority of the state auditor, under the direction of the
        legislative audit committee, to conduct an audit or investigation in connection with those funds. An
        entity that is the subject of an audit or investigation must provide the state auditor with access to any
        information the state auditor considers relevant to the investigation or audif'.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on
behalf of the organization they represent.

IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.

THE LOCAL GOVERNMENT - DALLAS COUNTY                                    THE STATE OF TEXAS

                                                          Executed for the Executive Director and
                                                          approved for the Texas Transportation
By:                --:-:--,,:-           _                Commission for the purpose and effect of
          Margaret Keliher                                activating and/or carrying out the orders,
          County Judge                                    established policies or work programs
                                                          heretofore approved and authorized by the
                                                          Texas Transportation Commission.
Date:                                        _

                                                           By:_---,---,_:-:--::--:-                 _
                                                                    Janice Mullenix
                                                                    Director of Contract Services
                                                                    Office of General Counsel
                                                                    Texas Department of Transportation

                                                          By:                                           _




AFA-LPAFA_OnSys                                       Page 2 of 3                              Revised 9/26/05
                                                                 County: Dallas
                                                                 CSJ: 2964-10-001
                                                                 Project No.: STP 2002 (800) MM
                                                                 Location: Loop 9
                                                                 Limits: From IH 20 to DallasfTarrant County Line

                                                            ATIACHMENTC
                                    PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
             Description                Total          Federal          State                          Local
                                       Estimate      Participation   Participation                  Participation
                                        Cost
                                                         50%              0%                 50%                Actual
                                                                                                              Participation
   Original Authorized Amount:
   Major Investment Studyl             $823,000.00    $411,500.00                 0       $411,500.00               $411,500.00
   Environmental Impact Statement

               TOTAL                   $823,000.00    $411,500.00                 0       $411,500.00               $411,500.00

  Amendment No.1
  Increased Amount - MIS I             $662,100.00    $331,050.00                 0       $331,050.00               $331,050.00
  Environmental Impact Statement

    TOTAL @ 50%/50% Funding          $1,485,100.00    $742,550.00
                                                                                                                                  co
                                                                                  0       $742,550.00               $742,550.00   (Jl


                                       Total           Federal          State             Local            Total Estimated
          STP-MM FUNDS                Estimate       Participation   Participation     Participation        Participation
                                        Cost             80%              0%               20%

  This Amendment No.2
  Increased Amount - MIS I              $73,215.00     $58,572.00                 0        $14,643.00                $14,643.00
  Environmentallmoact Statement
                                                                                  0
     TOTAL @ STP-MM FUNDS               $73,215.00     $58,572.00                          $14,643.00                $14,643.00

  TOTAL PROJECT COST                 $1,558,315.00    $801122.00                  0       $757193.00                $757,193.00
             Participation required from the Local Government for this Amendment #2= $14.643.00
             Total cost participation required from the Local Government = $757.193.00
AFA-LPAFA_OnSys                               Page 3 of 3                             Revised 9/26/05
                                                      96




                                                                            U,-_'
               OFFICE OF SECURITY AND EMERGENCY MANAGEMENT
                                 RECORDS BUILDING
                             509 Main Street, Room 305
                                  Dallas, Texas 75202
                                 Phone: 214-653-7980
                          E-mail: dchandler@dallascounty.org
November 22, 2005


To:             Dallas County Judge and Members of the Dallas County Commissioners Court

From:           William Eckert, Chief, Plans & Programs, Office of Security & Emergency Mgmt.

Subject:        2005 Homeland Security Grant Program Award


BACKGROUND

1. On October 17, 2005, the Texas Governor's Division of Emergency Management (GDEM)
   notified Dallas County that it had been awarded $3,820,760.00. This amount includes
   $3,613,914.00 from the 2005 Urban Area Security Initiative (UASI), and $206,846 from the
   2005 State Homeland Security Program (SHSP). The 2005 award does not require matching
   funds and does not allow indirect cost recovery. Indirect costs incurred are grant
   management and reporting by OSEM, and miscellaneous costs incurred by Auditing lAW
   paragraph 6, below. The grant money is delivered via a "draw-down" account through
   GDEM. Any items locally procured, must be invoiced to/paid by County with reimbursement
   from GDEM. The period of performance of this agreement did begin on October 1, 2004 and
   shall terminate on December 30, 2006.

2. The 2005 UASI Grant Projects:

    •   Regional Interoperable Communications Plan Implementation                   $1,438,030.00
    •   Enhance intelligence/early warning/info gathering system                    $1,350,884.00
    •   Live Update to early warning. info gathering system                         $ 475,000.00
    •   County interoperable communications Upgrade                                 $ 225,000.00
    •   Critical Infrastructure Hardening                                           $ 125,000.00

3. The 2005 SHSP Grant Project:

    •   HHS Bio-terrorism Laboratory Equipment                                      $ 206,846.00

4. Total 2005 Award                                                                 $3,820,760.00

5. The Regional Interoperable Communications Plan funding contains funding for all other
   Dallas County Jurisdictions (except City of Dallas). These funds will be disbursed to the
   appropriate jurisdictions via Court Order allowing the jurisdiction to purchase the required
   communications equipment. The invoices will then be forwarded to Dallas County for
   payment; and sent to GDEM for reimbursement.
                                                      97


6. Arrangements will be made with Auditor's Dept. to Inventory all goods received and mark all
   durable goodsfequipment as county property lAW county policy.


FINANCIAL IMPACT
Total 2005 UASI Grant Award                                           - $3,613,914.00
             County Allocation                - $2,295,884.00
      Jurisdictional Allocations              - $1,318,030.00
Total 2005 SHSP Grant Award                                           - $ 206,846.00
             County Allocation                - $ 206,846.00

LEGAL I POLICY
Standard agreement previously submitted to Dallas County District Attorney's Office for review: No
exceptions noted. Information associated with these grants may be considered law enforcement
sensitive or otherwise important to national security interests. While this information is subject to
requests made pursuant to the Freedom of Information Act, 5. U.S.C. 552 (FOIA), all determinations
concerning the release of information of this nature will be made on a case-by-case basis by the
DHS Departmental Disclosure Officer, and may well likely fall within one or more of the available
exemptions under the Act.

SUMMARY
Purpose of this briefing is to update the Court on this grant, obtain Court Order (attachment 1)
authorizing acceptance of FY05 Homeland Security grant, designate William Eckert as Contact
Person and secure the County Judge's signature on the sub-recipient agreement (attachment 2)
as amended by GDEM.

Attachments
1. Court Order
2. SUbrecipient Agreement # 48113 (2005 HSGP) wfcover letter and attachments
                                                         98




                                              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              day of                                                  , 2005, on motion made by
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _, and seconded by                                                            _

the following order was adopted:

WHEREAS,       on November 22, 2005, the Dallas County Commissioners Court was briefed on receiving the
               Notice of Award for the FY 05 Homeland Security Grant Program; and

WHEREAS,       the State Administrative Authority has forwarded the SUb-recipient agreement for the above
               grant program to Dallas County; and

WHEREAS,       the grant award is for the purchase of special equipment and services, and does not require
               county match and does not allow indirect cost recovery.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court
does hereby approve acceptance of the FY05 Homeland Security Grant Program sub-grant, assigns
administration and implementation responsibility (in accordance with published grant rules and requirements),
of the above grant, to the Office of Security & Emergency Management, and authorizes the County Judge
to sign all related documents.

DONE IN OPEN COURT this the _ _ day of                                      , 2005.


Margaret Keliher                    Maurine Dickey                        Mike Cantrell
Dallas County Judge                 Commissioner, District No. 1          Commissioner, District NO.2



               John Wiley Price                        Kenneth A. Mayfield
               Commissioner, District NO.3             Commissioner, District NO.4


Recommended                                                    ~
               by:~UC:::==·~-L-jJ,,---.---,,-£L/--.-e::=.::--'-,.
                        William Eckert
                                                                             _
                                                            99




                       DIVISION OF EMERGENCY MANAGEMENT
                                 Office of the Governor
RICK PERRY                                                                                           STEVEN McCRAW
  Governor                                                                                                  Director
                   Mailing Address:             Contact Numbers:         Physical Address:        Office of Homeland Security
                    PO Box 4087             512-424-2138 Duty Hours     5805 N. Lamar Blvd.
               Austin, Texas 78773~0220   512-424-2277 Non-Duty Hours   Austin,   T~xas   78752        JACK COLLEY
                                                512-424-2444 Fax                                            Chief

                                                October 12, 2005


 The Honorable Margaret Keliher
 Dallas County Judge
 411 Elm Street
 Dallas, TX 75202

 Dear Judge Keliher:

 The enclosed Notice of Sub-recipient Award for the 2005 Homeland Security Grant Program is being
 sent to you as the chief elected official for Dallas County. The intent of the sub-grant is to aid in
 improvement of your jurisdiction's ability to enhance capacity oflocaljnrisdictions to prevent, respond to
 and recover from acts of terrorism and natural disasters. Our Texas Domestie Preparedness Assessment
 website indicates tbat Me. William Eckert is the Point of Contact (POC) for your jurisdiction. The POC
 has been informed that you will be receiving this packet, so it is advisable to communicate with this
 individual. If the POC is no longer serving, please provide this letter and it's attachments to the
 individual who is now performing these duties.


 The Notice of SUb-recipient Award must by signed by an individual authorized by the governing
  board of the jurisdiction or organization to accept grants and returned to GDEM in order to
 activate the grant. At the city and county level, individuals authorized to accept grants may include
 county judges, mayors, city managers, or chief financial officers. Other signatures will require an
 accompanying statement from the senior elected official authorizing the individual to sign for the
 jurisdiction. For agencies and organizations, authorized individuals typically include the Executive
 Director or Director.

 In addition, a Dired Deposit Authorization form has been included and is available at the Texas State
 Comptroller'S website: httr:llwww.window.state.tx.us/taxinfo/taxforms174-158.pdf.This form must also
 be filled out and submitted with the signed sub-recipient agreement to GDEM. A copy of the signed
 Notice of Sub-recipient Award and Direct Deposit Authorization should be made and retained in the
 applicable grant files.

The deadline to return the signed Notice of Sub-recipient Award and the Direct Deposit
Authorization is December 9, 2005. The signed notice must be mailed or postmarked by the due date.
The offer of award will be withdrawn if the signed Notice of Sub-recipient Award is not returned by the
due date.

        Please mail the signed Notice of Sub-Recipient Award to:

        Governor's Division of Emergency Management
        Attention: SAA Section
        PO Box 4087
        Austin, Texas 78773-0270
                                                       100




If you have any questions, or require further information regarding this award, please do not hesitate to
contact Ben Patterson, SAA Section Manager at (512) 424-7809.




Chief

Enclosures:     2005 Notice ofSub-recipient Award
                Direct Deposit AuthC!rization Form
                                                                     10 1


                                                                                      2005 HSGP - 48113 - Dallas County


       GOVERNOR'S DIVISION OF EMERGENCY                                         NOTICE OF SUB-RECIPIENT AWARD
             MANAGEMENT (GDEM)                                                               FOR

      HOMELAND SECURITY GRANT PROGRAM                                                          Dallas County
                   (HSGP)

    L SUB-RECIPIENT NAME AND ADDRESS:                                  4. SUB-AWARD NUMBER:2005 HSGP -48113
        Dallas County
       411 Elm Street                                                  5. PERFORMANCE PERIOD: FROM OCT 1,2004 - DEC 30, 2006
        Dallas, TX 75202
                                                                   I    BUDGET PERIOD: FROM OCT I, 2004 - DEC 30, 2006
    2. FEDERAL GRANT TITLE:                                          6. DA TE OF FEDERAL AWARD TO GDEM:
         HOMELAND SECURITY GRANT PROGRAM                                AUGUST 27, 2005
    3A. FEDERAL GRANT AWARD NUMBER:                                  7.AMOUNTOFSUBAWARD:
         2005-GE-T5-4025                                             $3,820760.00
    3B. FEDERAL GRANTING AGENCY:                                     8. SUBAWARD DATE                  10. ACTION
    OFFICE FOR DOMESTIC PREPAREDNESS (ODP)                              OCTOBER 11,2005                INITIAL AWARD
I   DEPARTMENT OF HOMELAND SECURITY (DHS
    9. SPECIAL CONDITIONS
    This Subaward is subject to the ODP FY 2005 Homeland Security Grant Program Guidelines and Application Kit. The Guidelines and
1   Kit can be accessed at http://www.ojp.gov/fundopps.htm. The ODP periodically publishes Information Bulletins to release, update,
    amend or clarify grants and programs which it administers.                    ODP's Information Bulletins can be accessed at
    http://www,ojp.usdoj.gov!odp/docs/bulletins,htm and are incorporated by reference into this Subaward. This Subaward is also subject
    to the current Texas Homeland Security Grant Program (HSGP) Grant Instructions, the Federal Grant Award and to the grant guidance        I
    imposed upon GDEM by DHS. The current Texas HSGP Grant Instructions can be accessed at http://www.texasdpa.info. The Texas               I
    Grant Instructions are intended to complement rather than replace the Federal Program Guidelines published by the aDP and are
    incornorated by reference into this Sub-award together with the attached Special Conditions.
    10. STATUTORY AUTHORITY FOR GRANT
    This project is supported under Public Law 108-334, the Department of Homeland Security Appropriations Act of2005.

    11. A-133 REPORTING REQUIREMENT:                                                                                                         1
    All sub-recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than $500,000 in federal funds
    in one fiscal year. The Federal Audit Clearingho~se submission requirements .can be found at http://harvester.census.gov/sacl. A report I
    must be submitted to GDEM - SAA each year thIS grant IS active. Sub-reCipIent shall comply With the audit reqUIrements set forth in
    OMB Circular A-l33.
    12. METHOD OF PAYMENT
    Primary method is reimbursement See the 2005 Texas Homeland Security Grant Program Guidelines for further instructions on
    obtaining reimbursement (2005 Guide will be sent under senarate letter)                                                                 I
    13. DEBARMENT / SUSPENSION CERTIFICATION:
    By signing in block 19 below, the sub-recipient official certifies the jurisdiction is not presently debarred, suspended, proposed for
    debarment, declared ineligible or voluntarily excluded by any federal devartment or agencv at htto:/lwww.eDls.lwV.
    14. NON-SUPPLANTING CERTIFICATION:
    By signing in block 19 below, the sub-recipient official certifies federal funds will be used to supplement existing funds, and will not
    replace (supplant) funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation
    certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.

                 AGENCY APPROVAL                                                  SUB-RECIPIENT ACCEPTANCE
    15. APPROVING GDEM OFFICIAL                                      I7.TYPED NAME AND TITLE OF AUTHORIZED
  Jack Colley, Chief                                                    SUB-RECIPIENT OFFICIAL
. Division of Emergency Management
I Office of the Governor
I

I" "rn'TI'R(~J':d~fl,"'                                            18. SIGNATURE OF AUTHORIZED
                                                                       SUB-RECIPIENT OFFICIAL                 /19.
                                                                                                                     DATE

                                                                                                                                            I
        20. AWARD BREAKDOWN
                                                                 I                                           J
        CFDA 97.008 UASI200S $3,613,914.00 CFDA 97.073 SHSP 2005 $206,S46.00 CFDA 97.074 LETPP 2005 $ 0.00
                            CFDA 97071 MMRS 2005 $ 0.00 CFDA 97.053 CCP 2005 $ 0.00
                                                                                                                                            I
       2005 SHGP Notice of Sub-Recipient Award                                                                   Page I of 6
                                                          102


                                                                           2005 HSGP - 48113 - Dallas County

    GOVERNOR'S DIVISION OF EMERGENCY
          MANAGEMENT (GDEM)                                                      NOTICE OF
                                                                            SUB-RECIPIENT AWARD
   HOMELAND SECURITY GRANT PROGRAM
                                                          I
                                                          I
                                                                                     FOR
                                                                                 Dallas County

I AWARD NUMBER 2005 HSGP 48113    AWARD DATE OCTOBER 11,2005



                                                 SPECIAL CONDITIONS

     1)   Purpose: Sub-grant funds will be used to provide law enforcement and emergency response communities with
          enhanced capabilities for preparing and responding to the potential threats of manmade and natural disasters.

     2)   Overview: Funds provided shall be used to provide law enforcement and emergency response communities with
          enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism as described in the
          Federal Program Guidelines, specifically: planning, equipment, training and exercise needs. All costs under these
          categories must be eligible under OMB Circular No. A-87 Attachment A, located at I
          http://www.whitehouse.gov/omb/circulars/index.html.                                                               .

     3)   The Notice of Sub-recipient Award is only an offer until the sub-recipient returns thesigned copy of the
          Notification of Sub-recipient Award in accordance with the date provided in the transmittalletteL

     4)   Sub-recipient agrees to comply with the applicable financial and administrative requirements set forth in the
          current edition of the Office of lustice Programs (OlP) Financial Guide located at http://www.ojp.usdoj.gav/ocl.

     5)   Sub-recipient agrees to comply with the organizational audit requirements 0f OMB Circular A-133, Audits of
          States, Local Governments, and Non-Profit Organizations, as further described in the cUrrent edition of the OlP
          Financial Guide.

     6)   Sub-recipient agrees to make no request for reimbursement prior to return of this agreement and signed by the
          authorized sub-recipient representative.

     7)   Sub-recipient agrees to make no request for reimbursement for goods or services procured by sub-recipient prior
          to the perfonnance period start date of this agreement.

     8)   Sub-recipient agrees to comply with the U.S. Department of Homeland Security Fiscal Year 2005 Homeland
          Security Grant Program Guidelines and Application Kit and the Notice of Award from ODP to GDEM.

     9)   Sub-recipient agrees to monitor the activities of program participants as necessary to ensure that federal awards
          are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant
          agreements and that performance goals are achieved.

     10) Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's
         obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities
         hereunder. GDEM shall not be liable to the Sub-recipient for costs under this Agreement which exceed the
         amount specified in the Notice of Sub-recipient Award.

     11) Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must identifY and
          relate to the goals and objectives indicated by the applicable Texas Homeland Security Strategic Plan for the
          grant period of performance.

    12) Sub-recipient agrees to comply with all reporting requirements and shall provide such infonnation as required to
        GDEM for reporting as noted in the 2005 Federal Grant Guidelines.

    13) Sub-recipient must prepare and submit quarterly performance reports to GDEM for the duration of the grant
        performance period or until all grant activities are completed and the grant is formally closed. Sub-recipient may
        also be required to submit additional information and data requested by GDEM.


   2005 SHGP Notice of Sub-Recipient Award                                                         Page 2 of 6
                                                       103


                                                                        2005 HSGP - 48113 - Dallas County

  14) GDEM may perform periodic reviews of sub-recipient performance of eligible activities and approved projects.
      These reviews may include, without limitation: performance of on-site audit and compliance monitoring -
      including inspection of all grant-related records and items, comparing actual sub-recipient activities to those
      approved in the sub-award application and subsequent modifications if any, ensuring that advances have been
      disbursed in accordance with applicable guidelines, confIrming compliance with grant assurances, information
      provided on performance reports and payment requests, needs and threat assessments and strategies.

  15) GDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed for
      any of the following reasons: failing to comply with the requirements or statutory objectives of federal law,
      failing to make satisfactory progress toward the goals or objectives set forth in the sub-award application, failing
      to follow grant agreement requirements or special conditions, failing to submit required reports, filing a false
      certification in the application or other report or document.

  16) GDEM will close a sub-award after receiving sub~recipient's final performance report indicating that all approved
      work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the
      reported information, and reconciling actual costs to awards modifications and payments. If the close out review
      and reconciliation indicates that the sub-recipient is owed additional funds, GDEM will send the final payment
      automatically to the sub-recipient. If the sub~recipient did not use all the funds received, GDEM will issue an
      invoice to recover the unused funds.

  17) Sub-recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support
      of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,
      without the express prior written approval ofODP.

 18) The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the Fiscal
     Year 2005 Homeland Security Grant Program Guidelines and Application Kit and must support the goals and
     objectives included in the State Homeland Security Strategy and the Urban Area Homeland Security Strategies.

 19) When implementing the Office of State and Local Government Coordination and Preparedness (SLGCP) funded
     activities, the sub-recipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights
     Act, as amended. The sub-recipient is required to take reasonable steps to ensure persons of limited English
     proficiency have meaningful access to language assistance services regarding the development of proposals and
     budgets and conducting SLGCP funded activities.

 20) The sub-recipient agrees that all publications created with funding under this grant shall prominently contain the
     following statement: 'This Document was prepared under a grant from the SLGCP, United States Department of
     Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not
     necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security. '

 21) The sub-recipient agrees that any equipment purchased with grant funding shall be prominently marked as
     follows: 'Purchased with funds provided by the U.S. Department of Homeland Security.' Exceptions to this
     requirement are limited to items where placing of the marking is not possible due to the nature of the equipment.

 22) The sub-recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data
     collection requests, including, but not limited to, the provision of any information required for the assessment or
     evaluation of any activities within this project.

 23) Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
     justification must be submitted to and approved by GDEM prior to obligation or expenditure of such funds.

 24)   Sub~recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to
       reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the
       copYTight in any work developed under an award or sub-award; and (2) any rights of copyright to which a
       recipient or sub-recipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP
       regarding the allocation of any patent rights that arise from, or are purchased with, this funding.

 25) Sub-recipient shall provide the assurances required by ODP. Failure to comply may result in the withholding of
     funds, termination of the award or other sanctions.

2005 SHGP Notice of Sub-Recipient Award                                                          Page 3 of6
                                                       104


                                                                        2005 HSGP - 48113 - Dallas County

  26) Sub-recipient must register as a user of the Texas Regional Response Network (TRRN) and identitY all major
      resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units
      equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.).
      This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available
      to other jurisdictions through mutual aid.

  27) Sub-recipients must implement the National Incident Management System (NIMS) at the local level. The
      requirement to train personnel on the IS-700 course, National Incident Management System (NIMS),. An I
      Introduction, has been extended into FY 06. Grant recipients should still complete the following other four I
      aspects of this task no later than October I, 2005: (1) Formally recognize the NIMS and adopt the NIMS I
      principles and policies, (2) Establish a NIMS baseline by determining which NIMS requirements are met, (3) I
      Establish a timeframe and (4) Develop a strategy for full NIMS implementation and institutionalize the use ofthe
      Incident Command System (ICS).

 28) Sub-recipients must maintain an updated inventory of equipment purchased through this grant program.

 29) Sub-recipient may request an advance for expenditures incurred under this program. Requests must be made in
     writing from the chief elected official and submitted to GDEM. Letters for advance payments must be certified
     by the financial officer of the sub-recipient organization. GDEM will make the determination whether an
     advance will be made. Conditions for use and reporting of the advance payments will be available with the
     fonus. If a sub-recipient is approved for an advance, the funds must be deposited in a separate interest bearing
     account and are subject to the rules outlined in the Uniform Rule 28 CFR Part 66, Uniform Administrative
     Requirements for Grants and Cooperative Agreements to State and Local Governments, at
     http://www.access.gpo.gov/naralcfr/waisidx_04/28cfrv2_0+.htmland the Uniform Rule 28 CFR Part 70,
     Uniform Administrative Requirements for Grants and Agreements (including sub-awards) with Institutions of
     Higher         Education,         Hospitals,     and        other      Nonprofit        Organizations,         at
     http://www.access.gpo.gov/naralcfr/waisidx_03/28cfr70_03.htm1. Any interest earned in excess of $100 must,
     on a quarterly basis, be remitted to:

           United States Department of Health and Human Services
           Division of Payment Management Services
           P.O. Box 6021
           Rockville, MD 20852

     Sub-recipients must report any interest remitted to GDEM.

 30) Notice. All notices or communication required or permitted to be given by either party hereunder shall be
     deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by
     overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such
     other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be
     deemed to be received on the third business day following the date of mailing, Notices sent by overnight courier
     shall be deemed received the following business day.

 TO : Sub-recipient address

 TO: Jack Colley, Chief
     Division of Emergency Management
     Office of the Governor
     PO Box 4087
     Austin, TX 78773-0220




2005 SHGP Notice of Sub-Recipient Award                                                         Page 4 of6
                                                                                                                            105

&\...,.."..          74·158
 ~           S       (Rev.12-0ZI7)                                                                                                                                                          for Complrollel's       u~e   only


 DIRECT DEPOSIT AUTHORIZATION
                  INSTRUCTIONS
                    • Use only BLUE or BLACK ink.                                   • Section 7 must be completed by the paying state agency.
                    • Alterations must be initialed.                                • Check all appropriate bOx(es)..

                                                                                                                                                           For further instructions, see the back of this form.
TRANSACTION TYPE

    z  0            New setup                            (Sections 2, 3 & 4)                                                0           Change financial institution                    (Sections 2, 3 & 4)

    i= 0
    0               Cancellation                         (Sections 2 & 3)                                                   0           Change account number                           (Sections 2, 3 & 4)
                                                                                                                            0
    " 0
    w
    "' 0
                    Interagency transfer
                    Exemption
                                                         (Sections 2 & 3)
                                                         (Sections 2 & 5)
                                                                                                                                        Change account type                             (Sections 2, 3 & 4)



PAYEE IDENTIFICATION

    N
         1 _SoCial Seourity number or
              Federal Employer"s Identif>cation (FEI)
                                                              0        I    I   I     I              I    I    I      o !           i
                                                                                                                                        2. Mail code {II no/ known, willlH;
                                                                                                                                             compleled by Paying Slale Agern:yj         i          I        i
 Z
 i=
    0    J. Name                                                                                                                    I   C- 8L1siness   PhOr       numbe<

 U
 W
 "'      5. SUe"l address                                                                 16. Cily                                                                            17. Sl~te                i   8.li?c"de




AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
        9. Pursuant to Section 403.018, Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments
        owed to me by the State of Texas and, jf necessary, debit entries and adjustments for any amounts deposited electronically in error, The Comptroller
 M      shall deposit the payments in the financial institution and account designated below. I recognize that if I fail to provide complete and accurate informa-
 z      tion on this authorization form, the processing of the form may be delayed or that my payments may be erroneously transferred electronically
 0
 i=
 u       j   consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and the Comptroller's rules about
 w
 "' electronic transfers as they exist on the date of my signature on this form or as subsequently adopted, amended or repealed
    10.          Aulhorized signature                                                  111.                                                  p,inted name                                                             112. Date

FINANCIAL INSTITUTION (Completion by financial institution is recommended)
        13. Nam"                                                                                              I    H,Cily                                                                                            115.     Slale


 ~
 Z
        16. ROIlung transi! numb<!,

                           I    I
                                        -
                                        I I     I
                                                     ,    I       I
                                                                      _ In.
                                                                      L.J
                                                                                Cuslomer accounl numbe,
                                                                                j))                  I    )    I      I         I
                                                                                                                                        (Dashes raquirmj

                                                                                                                                                 I     I
                                                                                                                                                                   DYES)
                                                                                                                                                                    I I I           I
                                                                                                                                                                                                    18
                                                                                                                                                                                                 I! 1 . Type of account
                                                                                                                                                                                                 i DChecklng                         o Savings
 0            I       I                                                                                                                  I                                                  I
 i=     19. Rep'(>$enla!,"'ij "ame (Please prj,,/)                                                                                                   120.
 "
 W
                                                                                                                                                               Titie


 "'     21, Representative signature (Optional)
                                                                                                                                Ir-          Phone nurnT                                                             123. Dale

EXEMPTION:
        i claim exemption and request payment by state warrant (check) because:
,.')    24.01 hold a position that is classified below group 8 in the position classification salary schedule.
~ 25. 0 I am unable to establish a qualifying account at a financial institution.
~ 26,01 certify that payment by direct deposit would be impractical and/or more costly to me than payment by warrant.
 w
"'      27. Authorized signalure




CANCELLATION BY AGENCY
                                                                                                              )28,   P,jnled name                                                                 129.     Oats
                                                                                                                                                                                                                                                 I
rnJ     30. Raason                                                                                                                                                                               131. Date

PAYING STATE AGENCY
        32. $',gn31,"'8                                                                                                         /33. Prinled name
~

Z
0       34. Agency ""me                                                                                                                                                          13S. Agency numoe,
i=
u
W
                                                                                                                                                                                                                I         I      I
                                                                                                                                                                                                                                      I
                                                                                                                                                                                                                                      I
        36. Comments                                                                                                        i, 37. Phwe number                                                                      138. Dale
"'                                                                                                                          ,(                             )
                                              WHITE - Comptroller                                        YELLOW - Agency                                                   PINK Payee




                   2005 SHGP Notice of Sub-Recipient Award                                                                                                                                                                Page 5 of6
                                                                 106



 Form 74·158   (8~Ck){Rev.12..(l2f7)




                                               INSTRUCTIONS FOR
                                         DIRECT DEPOSIT AUTHORIZATION

 Under Ch, 559, Government Code, you are entitled to review, request, and correct information we have on file about you,
 with limited exceptions in accordance with Ch. 552, Government Code.

  SECTION 1: Check the appropriate box(es)
              • NEW SeTUP - If payee is not currently on direct deposit with the state.
                a. Complete Sections 2, 3 & 4.
                b. Section 4 is recommended to be completed by financial institution.
              • CANCELLATION - If payee wishes to stop direct deposit with the state.
                a. Payee completes Sections 2 & 3.
             • INTERAGENCY TRANSFER - For state employees only who transfer from one state agency to another.
                a, Employee completes Sections 2 & 3.
                b. Employee should submit form to the M.W paying state agency for completion of Section 7.
             • EXEMPTION - If payee claims an exemption granted by Tex, Gov\. Code Ann. §403.016.
                a. Payee completes Sections 2 & 5.
             o CHANGE FINANCIAL INSTITUTION

                a. Payee completes Sections 2 & 3.
                b. Section 4 is recommended to be completed by financial institution.
             o CHANGE ACCOUNT NUMBER

                a. Payee completes Sections 2 & 3.
               b. Section 4 is recommended to be completed by financial institution.
             o CHANGE ACCOUNT TYPE

               a. Payee completes Sections 2 & 3.
               b. Section 4 is recommended to be completed by financial institution.

 SECTION 2: PAYEE IDENTIFICATION
     Item 1 Leave the shaded boxes blank if you do not have your 11-digit Comptroller Payee Identification number. The
            paying state agency will provide the information to be entered in the shaded boxes. Enter your 9-digit Social
            Security number or your Federal Employer's Identification (FEI) number.
     Item 2 If your 3-digit mail code is not known, it will be assigned by the paying state agency.

 SECTiON 3: AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
 Items 10, 11 The individual authorizing must sign, print their name and date the form.
        & 12
              NOTE: No alterations to this section will be allowed.

 SECTION 4: FINANCIAL INSTITUTION
            Section 4 is recommended to be completed by financial institution.
            NOTE: Alterations to routing and/or account number must be initialed by the financial institution representative
            or the payee.

 SECTION 5: EXEMPTION
            6. If you qualify for an exemption, check the appropriate box,
            b. Complete items 27,28 and 29.
            NOTE: Exemption forms are maintained by the paying state agency.

 SECTiON 6: CANCELLATION BY AGENCY
            Sections 6 & 7 must be completed by the paying state agency.

 SECTION 7: PAYING STATE AGENCY
            Section 7 must be completed by the paying state agency before the form can be processed.

Submit the completed form to your paying state agency.




  2005 SHGP Notice of Sub-Recipient Award                                                                     Page 6 of6
                                                  107




November 10,2005

TO:              Commissioners Court

THROUGpRyan Brown, Budget Officer

FROM:       ~wn Balusek, Senior Budget and Policy Analyst
SUBJECT:          FY2006 DDA Rollover


Background
Each year, the Office of Budget and Evaluation and the Auditor's Office collaborate on a
reconciliation of the prior year ending balance in each department's DDA account. After
completion ofthe reconciliation, the DDA rollover from FY2005 to FY2006 totals $812,375 for
all funds. Based on the current DDA policy, departments are entitled to have this balance rolled
into FY2006 for their use. The purpose of this briefmg is to request approval to make the
appropriation transfers necessary for the FY2006 DDA rollover.

Financial Impact
As part of the FY2006 process, $700,000 was projected as the FY2006 General Fund DDA
rollover amount and budgeted as such in the FY2006 adopted budget. As the General Fund DDA
rollover amount exceeded the projection, the remaining $82,414.96 necessary for the DDA
rollover is available in FY2006 General Fund unallocated reserves.

A portion of the rollover amount for several courts includes funds associated with the contract
court reporter initiative. The cost of the contract court reporter is deducted from the potential
salaried reporter, with half ofthe savings going to the court. For FY2005, eight (8) courts
generated $220,546 in savings with this initiative (Attachment B). Judge Dean, 265 lh Criminal
District Court, is participating in this initiative effective October 1, 2005 and will receive DDA
credit in the FY2007 rolIover.

The Road and Bridge DDA rollover amount of $29,959 is available from the New Program
Contingency of each Road and Bridge District.

Recommendation
The Office of Budget and Evaluation recommends Commissioners Court authorize the
appropriation transfers as outlined in Attachment A for the FY2006 DDA rollover.



                   411 Elm Street - 3rd Floor, Dallas Texas 75202-3340
             (214) 653-6655 • Fax (214) 653-6517 • sbalusek\aldallascounty.org
                                                        108




 FY2006 DDA Rollover                                                          Attachment A
11/10/2005

                                                                                COURT
Road and Bridge Fund                                             FY2005        REPORTER      FY2006
DEPARTMENT                                    ACCOUNT           BALANCE        INITATIVE   ROLLOVER
Road   and   Bridge   District #1      00105.2510.02230.2006       6,146.57                   6,146.57
Road   and   Bridge   District #2      00105.2520.02230.2006       3,428.73                   3,428.73
Road   and   Bridge   District #3      00105.2530.02230.2006       5,148.00                   5,148.00
Road   and   Bridge   District #4      00105.2540.02230.2006      15,236.54                  15,236.54
                                                       TOTAL      29,959.84                  29,959.84

Funding Source                         00105.varies.9130.2006




GENERAL FUND
                                                                                COURT
                                                                FY2005         REPORTER      FY2006
DEPARTMENT                                   ACCOUNT            BALANCE        INITATIVE   ROLLOVER
County Judge                           00120.1010.02230.2006       6,080.37                   6,080.37
Truancy Magistrates                    00120.1011.02230.2006       5,700.06                   5,700.06
Commissioners Court Administration     00120.1020.02230.2006.    23,577.86                  23,577.86
Tax Assessor/Collector                 00120.1035.02230.2006          16.28                      16.28
Human Resource/Civil Service           00120.1040.02230.2006       1,975.90                   1,975.90
County Treasurer                       00120.1050.02230.2006           0.28                       0.28
Office of Budget and Evaluation        00120.1060.02230.2006     10,051.38                  10,051.38
County Auditor                         00120.1070.02230.2006.     9,584.55                   9,584.55
Purchasing                             00120.1080.02230.2006         876.35                     876.35
Data Services                          00120.1090.02230.2006.      1,963.62                  1,963.62
Elections                              00120.1210.02230.2006.     3,516.35                   3,516.35
Public Works                           00120.2010.02230.2006.     6,830.12                   6,830.12
Texas Cooperative Extension Service   00120.2050.02230.2006       2,607.06                   2,607.06
Veterans Services                     00120.2060.02230.2006.      2,661.97                   2,661.97
Sheriffs Office                       00120.3110.02230.2006       9,522.60                   9,522.60
Constable Precinct #1                 00120.3210.02230.2006          111.98                    111.98
Constable Precinct #2                 00120.3220.02230.2006       4,089.91                   4,089.91
Constable Precinct #3                 00120.3230.02230.2006      12,511.14                  12,511.14
Constable Precinct #4                 00120.3240.02230.2006       1,534.26                   1,534.26
Constable Precinct #5                 00120.3250.02230.2006          197.75                    197.75
SWIFS                                 00120.3312.02230.2006      18,430.89                  18,430.89
Public Service Program                00120.3330.02230.2006       1,127.50                   1,127.50
OSEM                                  00120.3340.02230.2006         512.88                     512.88
District Attorney                     00120.4011.02230.2006         383.03                     383.03
District Clerk                        00120.4020.02230.2006       2,775.51                   2,775.51
County Clerk                          00120.4031.02230.2006         700.13                     700.13
Public Defender                       00120.4040.02230.2006       8,851.98                   8,851.98
District Court Administrator          00120.4051.02230.2006         684.07                     684.07
Family Court Services                 00120.4052.02230.2006         660.74                     660.74
                                                   109




                                   00120.4053.02230.2006     4.383.98                4.383.98
Child Support Office
                                   00120.4060.02230.2006     1.065.67                1.065.67
Jury Services
                                   00120.4110.02230.2006     5.196.17                5.196.17
14th Civil District Court
44th Civil District Court          00120.4115.02230.2006     6,653.03                6.653.03
                                   00120.4120.02230.2006     7.656.01                7.656.01
68th Civil District Court
                                   00120.4125.02230.2006    32.291.24   10,497.00   42.788.24
95th Civil District Court
101 st Civil District Court        00120.4130.02230.2006     2.143.53                2.143.53
                                   00120.4135.02230.2006     2.079.38                2.079.38
116th Civil District Court
134th Civil District Court         00120.4140.02230.2006.   21.916.19   12.904.00   34.820.19
160lh Civil District Court         00120.4145.02230.2006     3,534.04                3.534.04
                                   00120.4150.02230.2006    18.962.92   15,077.00   34,039.92
162nd Civil District Court
                                   00120.4155.02230.2006    16,397.01               16.397.01
191st Civil District Court
                                   00120.4160.02230.2006     5,801.00                5.801.00
192nd Civil District Court
193rd Civil District Court         00120.4165.02230.2006    34,030.25               34.030.25
                                   00120.4170.02230.2006     7,452.35                7,452.35
298th Civil District Court
                                   00120.4210.02230.2006       509.09                  509.09
254th Family Court
                                   00120.4215.02230.2006     4,079.10                4.079.10
255th Family Court
                                   00120.4220.02230.2006       692.61                  692.61
256th Family Court
                                   00120.4225.02230.2006         0.00                    0.00
301st Family Court
                                   00120.4230.02230.2006     4.807.08                4.807.08
302nd Family Court
                                   00120.4235.02230.2006     1.346.82                1.346.82
303rd Family Court
                                   00120.4240.02230.2006       422.68                  422.68
330rd Family Court
                                   00120.4310.02230.2006     2.966.89                2.966.89
304th Juvenile Court
                                   00120.4320.02230.2006.      896.41                  896.41
305th Juvenile Court
Criminal District Court #1         00120.4401.02230.2006     3,450.27                3,450.27
                                   00120.4402.02230.2006       216.11                  216.11
Criminal District Court #2
Criminal District Court #3         00120.4403.02230.2006       768.52                  768.52
Criminal District Court #4         00120.4404.02230.2006     4.356.96                4,356.96
                                   00120.4405.02230.2006     7,440.60                7,440.60
Criminal District Court #5
Criminal District Court #6         00120.4406.02230.2006.        0.00                    0.00
Criminal District Court #7         00120.4407.02230.2006         0.00                    0.00
 194th Criminal District Court     00120.4410.02230.2006     2,216.80                2,216.80
 195th Criminal District Court     00120.4415.02230.2006     2,657.63                2.657.63
203rd Criminal District Court      00120.4420.02230.2006    23.819.26   21.067.00   44.886.26
204th Criminal District Court      00120.4425.02230.2006     1,152.08                1,152.08
265th Criminal District Court      00120.4430.02230.2006     3,267.44                3.267.44
282nd Criminal District Court      00120.4435.02230.2006     1.838.10                1.838.10
283rd Criminal District Court      00120.4440.02230.2006     4.363.28                4.363.28
291 st Criminal District Court     00120.4445.02230.2006     1,809.13                1.809.13
 292nd Criminal District Court     00120.4450.02230.2006     2.366.92                2.366.92
 363rd Criminal District Court     00120.4455.02230.2006     8,132.15                8.132.15
 Criminal District Magistrates     00120.4460.02230.2006     7,036.57                7.036.57
                                   00120.4465.02230.2006     3.260.00                3.260.00
 Staff Attorneys
 Criminal District Court Manager   00120.4470.02230.2006     1,412.66                1,412.66
 County Court at Law #1            00120.4501.02230.2006.   44.713.38    5.064.00   49.777.38
 County Court at Law #2            00120.4502.02230.2006       267.18                  267.18
                                   00120.4503.02230.2006     3,447.00                3,447.00
 County Court at Law #3
                                   00120.4504.02230.2006    43,912.80   10,406.00   54,318.80
 County Court at Law #4
                                   00120.4505.02230.2006.   28.698.66    9,439.00   38,137.66
 County Court at Law #5
                                   00120.4601.02230.2006       468.62                  468.62
 County Criminal Court #1
                                   00120.4602.02230.2006     3.233.49                3,233.49
 County Criminal Court #2
 County Criminal Court #3          00120.4603.02230.2006     6,973.00                6.973.00
                                                      1 10




County Criminal Court #4              00120.4604.02230.2006.       913.30                    913.30
County Criminal Court #5              00120.4605.02230.2006.         0.00                      0.00
County Criminal Court #6              00120.4606.02230.2006.     3,141.78                  3,141.78
County Criminal Court #7              00120.4607.02230.2006.    39,808.45    25,821.00    65,629.45
County Criminal Court #8              00120.4608.02230.2006.     8,922.10                  8,922.10
County Criminal Court #9              00120.4609.02230.2006        400.15                    400.15
County Criminal Court #1 0            00120.4610.02230.2006      1,384.69                  1,384.69
County Criminal Court #111            00120.4611.02230.2006      1,858.85                  1,858.85
County Criminal Court of Appeals #1   00120.4615.02230.2006.       948.72                    948.72
County Criminal Court of Appeals #2   00120.4616.02230.2006.     7,583.43                  7,583.43
County Criminal Court Manager         00120.4620.02230.2006.       424.90                    424.90
Probate Court #1                      00120.4701.02230.2006.     5,134.00                  5,134.00
Probate Court #2                      00120.4702.02230.2006      1,426.05                  1,426.05
Probate Court #3                      00120.4703.02230.2006      6,546.40                  6,546.40
Justice of the Peace 1-2              00120.4812.02230.2006.     3,522.77                  3,522.77
Justice of the Peace 2-1              00120.4821.02230.2006      5,700.73                  5,700.73
Justice of the Peace 2-2              00120.4822.02230.2006      4,354.66                  4,354.66
Justice of the Peace 3-1              00120.4831.02230.2006.    13,869.03                 13,869.03
Justice of the Peace 3-2              00120.4832.02230.2006.     7,342.60                  7,342.60
Justice of the Peace 3-3              00120.4833.02230.2006      9,837.68                  9,837.68
Justice of the Peace 4-1              00120.4841.02230.2006.     1,137.17                  1,137.17
Justice of the Peace 4-2              00120.4842.02230.2006.     3,648.11                  3,648.11
Justice of the Peace 5-1              00120.4851.02230.2006.     1,496.79                  1,496.79
Justice of the Peace 5-2              00120.4852.02230.2006.     1,270.64                  1,270.64
Juvenile Department                   00120.5110.02230.2006        125.79                    125.79
Health and Human Services             00120.5210.02230.2006      7,242.59                  7,242.59
                                                     TOTAL     672,139.96   110,275.00   782,414.96

Funding Sources                       00120.9940.02230.2006    700,000.00
                                      00120.9950.9110.2006      82,414.96
Court Reporter Initiative                                                                                                   Attachment B
  11110/2005

                                                               Last Court              Total       FY05 Substitute Court
   Judge          Dept. #                  Court              Reporter Salary      With Benefits    Reporter Payments         Total Savings     DDA Transfer
Johnson            4125       95th Civil District                       71,280             88,292                  67,298                20,994        10,497
Ashby              4140       134th Civil District                      74,654             92,210                  66,402                25,808        12,904
Raggio (1)         4150       162nd Civil District                      75,399              69,806                 39,653                30,153        15,077
McDaniel           4420       203rd Criminal District Court             73,406              90,761                 48,627                42,134        21,067
Roden (2)          4501       County Court at Law #1                    71,875              58,728                 48,601                10,127         5,064
Woody              4504       County Court at Law #4                    71,875              88,982                 68,171                20,811        10,406
Greenberg          4505       County Court at Law #5                    71,875              88,982                 70,104                18,878         9,439
Crowder            4607       County Criminal Court #7                  70,766              87,694                 36,053                51,641        25,821


(1) Judge Raggio utilized a contract court reporter for 9 months of FY2005. The Total With Benefits column has
been adjusted to reflect the pro-rated total.

(2) Judge Roden utilized a contract court reporter for 8 months of FY2005. The Total With Benefits column                                                       -'

has been adjusted to reflect the pro-rated total.                                                                                                               -'
                                                                                                                                                                -'
                                                     1 12



          DALLAS COUNTY
          COMMISSIONERS COURT




Date:           November 22, 2005

To:             Commissioners Court

From:           Maria L. Bazan, Policy AnalY~W~f

Subject         Proposed Department Heads and Board and Committee Appointees Media Contacts
                Policy


BACKGROUND OF ISSUE
On March 6, 200 I, the Commissioners Court issued a five-signature letter requiring that department heads
reporting to the Commissioners Court give notice to all members of the Court and the Court
Administrator prior to inviting members of the press to a press conference or agreeing to participate in a
pre-scheduled televised interview.

The purpose of this briefing is to expand this requirement to include Board and Committee members
appointed by the Commissioners Court and establish this requirement as county policy to be included in
the Dallas County Code. Attachment A is the five-signature letter as approved on March 6, 200 I and
Attachment B is the proposed Department Heads and Board and Committee Appointees Media Contacts
Policy.

OPERATIONAL IMPACT
Adoption of this policy will provide guidance for holding press conferences and responding to media
inquiries to both Department Heads that report directly to the Commissioners Court and Board and
Committee Appointees appointed by the Court.

FINANCIAL IMPACT
None.

LEGAL IMPACT
This policy has been reviewed and approved by the Civil Section of the District Attorney's Office.

RECOMMENDATION
Staff recommends that the Department Heads and Board and Committee Appointees Media Contacts
Policy be approved as shown in Attachment B and incorporated into the appropriate section of the Dallas
County Code.

Recommended by:



  Allen Clemson, Administrator           ~
                                 II- I



411 Elm Street              Dallas, Texas 75202                       Phone 653-7327, Fax 653-7057
                                     1 13



                                                           Attachment A
2001 449
MAR - 6 2001

FIVE SIGNATURE DOCUMENTS - TUESDAY, MARCH 6, 2001 - FOR FILING ONLY


    ~~aRiekeFI8 ~eteeF sf L~~Feeiaei8H
    *Letter to All Department Heads re:   Media Contacts




             A 1FIP JR (or~ IE If»
              f2r i I~...   MAR - S2001 Date
                                                1 1 4



            DALLAS COUNTY
            COMMISSIONERS COURT


 March 6, 200 I




 To:               ALL DEPARTMENT HEADS

 From:             Commissioners Court

 Subject:          Media Contacts

We need a clearer policy for Dallas County department heads about holding press
conferences and responding to media inquiries.

In the future, we expect that department heads reporting to the Commissioners Court will
give notice to all members ofthe Court and Allen Clemson before inviting members of the
press to a press conference or agreeing to participate in a pre-scheduled televised interview.

Other unscheduled media interviews and inquiries including routine follow-up on County
issues, elections, and various emergencies should continue to be addressed by you directly
and professionally. We encourage you to provide accurate and appropriate information in
response to press inquiries and promptly advise the Court and Mr. Clemson of all
information that has been provided to the media.

Your cooperation in this matter is requested.

Sincerely,


·-lt~
 ijT I
                                                                 Mike Cantrell
                                                                 Commissioner, District 2




                                                  Kenneth A Mayfie d
                                                  Commissioner, Dist .




411 Elm   Street          Dallas, Texas 75202                Phone 653-7327, Fax 653-7057
                                                1 15



                                                                         Attachment B


Department Heads and Board Appointees Media Contacts Policy

The purpose of this policy is to establish guidelines regarding the holding of press conferences
and responding to media inquiries. This policy applies to all department heads reporting directly
to the Commissioners Court and Board and Committee members appointed directly by the
Commissioners Court.

Prior to inviting members of the press to a press conference or agreeing to participate in a pre-
scheduled televised interview department heads and board and committee members should
give notice to all members of the Court and the Court Administrator.
                                            1 16




                                  November 22, 2005


                                 MISCELLANEOUS


1)   FACILITIES MANAGEMENT - requests approval to proceed with minor building
     modifications to the offices of Precinct I Constable Derrick Evans located at 7201 S.
     Polk Street. The modifications will accommodate additional deputies for the traffic
     program that were approved in the FY2006 budget. The work includes removal of
     a wall, installations of a door as well as construction of a telecommunications
     equipment closet. The cost is estimated at $3,640 and funds are available in the
     FY2006 Permanent Improvement Fund Minor Building Alterations (00126.0.2006.0).
     Recommended by Facilities Management and the Office of Budget & Evaluation.

2)   COUNTY CLERK - requests approval to utilize $560 from the County's training
     fund to pay for conference fees of two employees of the Recording Division. The
     Texas Vital Statistics Conference in Austin, Texas on December 5,2005 will provide
     the employees information on best practices of vital statistics.

                   Mileage - $175
                   Course Registration x2 - $190
                   Hotel- $125
                   Per Diem x 2 - $70
                   Total- $560

     The guidelines for the use ofthe County's training fund states that the Commissioners
     Court approves training such as conferences that the requesting department and
     Commissioners Court deem appropriate and necessary for County personnel to attend.

     The Office ofBudget and Evaluation recommends that Commissioners Court approve
     this request to use the County's training fund.
                                            1 1 7




3)    OFFICE OF BUDGET & EVALUATION - requests approval:

      a)   to allow County Criminal Court #1 to receive a one-time D.D.A. credit for
           hiring a new court reporter at a salary less than the previous court reporter. The
           previous court reporter's salary was $90,025, and the current court reporter
           was hired in at a salary of $85,382, for an annual savings of $4,643. The
           D.D.A. policy states that departments are allowed to receive credit for half of
           the savings; therefore the one-time DD.A. credit would be $2,321.
           Recommended by the Office of Budget and Evaluation.

      b)   to provide benefits for a part-time regular Legal Secretary position. The
           position is in the Intake Division ofthe District Attorney Office. The costs of
           the benefits are $9,578, which were budgeted in the District Attorney's Office
           FY2006 Budget.



                               TRAVEL REOUESTS


4)    HEALTH & HUMAN SERVICES - requests approval for:

      a)   LaShawn Garcia to attend the designated representative class in Mesquite,
           Texas on December 6-9, 2005: $490 ($410 registration fee) is available in
           General Fund, Environmental Health Department, Training Account, FY
           Budget 2006, (00120.5211.02460.2006) and $93.12 (mileage) is available in
           General Fund, Environmental Health Department, Mileage Account, FY
           Budget 2006, (00120.5211.01080.2006).

      b)   Jeff Pagan to participate in the STD Program Review in Austin, Texas on
           December 5-8, 2005: $664 is available in Grant Fund, VD Epidemiology
           Department, Conference Training Account, FY Budget 2005,
           (00466.8706.02460.2005).



                       MISCELLANEOUS EQUIPMENT


(1)   DEPARTMENT:               3147   Sheriffs Office Centra11ntake
      ITEMS:                           32 Heavy Duty Chairs
      ESTIMATED COST:                  $11,200
                                       1 18




      FUNDING SOURCE:              Reserves and Contingency, Furniture & Equipment
      EXPENDITURE SOURCE:          120.3147.02090.2006 (General Fund. Property less
                                   than $5.000,FY2006)
      PROPOSED ACTION:             The Sheriff s Office Central Intake request
                                   authorization to replace 32 broken clerical chairs that
                                   are used 24 hours a day, 7 days a week.
                                   Recommended by Office of Budget and Evaluation.

(2)   DEPARTMENT:         3140     Sheriff s Office Detention Administration
      ITEMS:                       4 File Cabinets, vertical, 5-drawer with locks
      ESTIMATED COST:              $752
      FUNDING SOURCE:              Reserves and Contingency, Furniture & Equipment
      EXPENDITURE SOURCE:          120.3140.02090.2006 (General Fund, Property less
                                   than $5,000, FY2006)
      PROPOSED ACTION:             The Sheriff's Office Detention Administration request
                                   authorization to purchase four file cabinets to be used
                                   by the Housing Chiefs. Recommended by the Office
                                   of Budget and Evaluation.

(3)   DEPARTMENT:         1070     Auditor's Office
      ITEMS:                       I - Microsoft Office Professional Software
      ESTIMATED COST:              $350
      FUNDING SOURCE:              Within Budget
      EXPENDITURE SOURCE:          120.1070.2095.2006 (General Fund, Auditor's Office.
                                   Computer Software, FY2006)
      PROPOSED ACTION:             The Auditor's Office is requesting approval to
                                   purchase a Microsoft Office Professional Software.
                                   Dallas County has contracted with BearingPoint Inc.
                                   to provide Recording, Indexing and Imaging Services
                                   using Hart InterCivic's "Anthem" software approved
                                   on court order 2005-658 dated March 29, 2005. In
                                   order to improve availability ofthe system activity for
                                   analysis, the Auditor's Office is requesting the
                                   Microsoft Office Professional Software.
                                   Recommended by the Office of Budget and
                                   Evaluation.

(4)   DEPARTMENT:           4031   County Clerk
      ITEMS:                       2 - Minolta Microfilm Viewer ($5,381)
                                   I - One-Year Service Agreement ($1,800)
      ESTIMATED COST:              $12,562
      FUNDING SOURCE:              County Clerk's Records Management Fund
      EXPENDITURE SOURCE:          120.4031.8610.2006 (General Fund. County Clerk,
                                   Special Equipment. Property less than $5.000, FY2005)
                                      1 19




      PROPOSED ACTION:            The County Clerk's Office requests authorization to
                                  purchase two Minolta Microfilm Viewers for use by
                                  the public to view microfilm and microfiche.
                                  Recommended by the Office of Budget and
                                  Evaluation.

(5)   DEPARTMENT:         4425    204 1h Criminal District Court
      ITEM:                       I - Judge's Bench Chair ($500)
      ESTIMATED COST:             $500
      FUNDING SOURCE:             Reserves and Contingency, Furniture and Equipment
      EXPENDITURE SOURCE:         120.4425.2090.2006 (General Fund, 204 Ih Criminal
                                  District Court, Property less than $5,000, FY2006)
      PROPOSED ACTION:            The 204 Ih Criminal District Court is requesting
                                  authorization to purchase a replacement Judges Bench
                                  Chair to replace one that can not be repaired.
                                  Recommended by the Office ofBudget ad Evaluation.

(6)   DEPARTMENT:           3312 Medical Examiners Office
      ITEMS:                      I - Wireless Network Hardware ($698)
      ESTIMATED COST:            $698
      FUNDING SOURCE:            Reserves and Contingency, Furniture and Equipment
      EXPENDITURE SOURCE:        120.3312.2093.2006 (General Fund,
                                 Medical Examiners Office, Computer Hardware less
                                 than $5,000, FY2006)
      PROPOSED ACTION:           The Medical Examiners Office requests authorization
                                 to purchase wireless network hardware and an
                                 extended service agreement to utilize in the morgue.
                                 The wireless capability is required due to cords that
                                 are currently exposed to blood and bodily fluids.
                                 Recommended by the Office of Budget and
                                 Evaluation.

(7)   DEPARTMENT:           1110 Health & Human Services
      ITEM:                      Medical Software "Amazing Charts"
      ESTIMATED COST:            $1,745
      FUNDING SOURCE:            Within Budget
      EXPENDITURE SOURCE:        00120.1110.05590.2006 (General Fund, Health &
                                 Human Services, Equipment less than $5,000,
                                 FY2006)
                                             120




       PROPOSED ACTION:                   The Health & Human Services Department is
                                          requesting authorization to purchase medical software
                                          "Amazing Charts" for the Employee Health Clinic.
                                          The software will be used to input general patient data
                                          - name, address, telephone numbers, schedule
                                          appointments, document medical histories, medical
                                          diagnosis with ICD-9 coding, document medical
                                          treatment, generate prescriptions, and allowing record
                                          sharing by EHS staff. Recommended by the Office of
                                          Budget and Evaluation.

(8)   DEPARTMENT:         1022 Facilities Department
      ITEM:                    I - SketchUp 5 software ($495 each)
      ESTIMATED COST:          $495
      FUNDING SOURCE:          Within Budget
      EXPENDITURE SOURCE:      00120.1022.02150.2006 (General Fund, Facilities
                               Department, License & Permit Fees, FY2006)
      PROPOSED ACTION:         Facilities Department requests approval to purchase a
                               copy of SketchUp 5 software, a program that has
                               proven to be a valuable tool for planning & estimating
                               projects in the Public Works Department.
                               Recommended Data Services Department.



                            TELECOMMUNICATIONS REQUEST


Auditor - requests:
M-0610052 to relocate extension 7234 to a new location on the 4 th floor of the Records
building room 402. Equipment: $0.00; Installation; $0.00, labor covered by contract; no
recurring cost. Recommended.

M-0610071 to install a single-line phone on the 1" floor of the Records building in the Tax
office administration area. Equipment: $42.46; Installation ; $41.50, labor covered by
contract; no recurring cost. Recommended.

M-0610055 to re-program the line appearance for extension 7154 due to changes in the
department. Equipment: $0.00; Installation; $0.00, labor covered by contract; no recurring
cost. Recommended.
                                              12 1




Constable Precinct 2 M-0610054 requests to reset the voice-mail password for extension
272. Equipment: $0.00; Installation; $0.00, labor covered by contract; no recurring cost.
Recommended.

Criminal District Court # 7 - requests:
M-0610057 to add Judges extension to extension 8907 to allow better incoming call
coverage. Equipment: $0.00; Installation; $0.00, labor covered by contract; no recurring
cost. Recommended.

M-0610058 to install single-line phone in the hallway on the 7th floor of the FCCB for the
court Bailiffs use. Equipment: $42.46; Installation; $41.50, labor covered by contract; no
recurring cost. Recommended.

M-0610059 to install a single-line on the 7th floor of the FCCB room A-5 to be used with a
fax for the court. Installation: $41.50; no recurring cost. Recommended.

M-06100n to assign a long distance access code for the court coordinator on the 7th floor
of the FCCB room A-5. Equipment: $0.00; Installation; $0.00, labor covered by contract;
no recurring cost. Recommended.

Elections M-0610064 requests to install a additional multi-line phone for the election judge
phone bank on the 8th floor room 82C. Equipment: $116.00; Installation: $41.50; labor
covered by contract; no recurring cost. Recommended.

Juvenile - requests:
M-0610070 to issue a long distance access code for an employee to allow calls when needed.
Equipment: $0.00; Installation ; $0.00, labor covered by contract; no recurring cost.
Recommended.

M-0610075 to reset voice-mail for extension 6780 in room C4-9. Equipment: $0.00;
Installation; $0.00, labor covered by contract; no recurring cost. Recommended.


Funding for the above request is available from countywide Department 800, line item 432,
Telephone Contingency.
                                             122




Pagers


Public Defender M-0610063 requests to provide three digital pagers for three new
employees. Monthly recurring cost: $8.25;. Recommended.

Health & Human Services - requests:
M-0610065 request to provide a digital pager for the TB nurse supervisor to allow contact
when away form the office. Monthly recurring cost: $2.75;. Recommended.

M-0610066 request to provide a digital pager for the TB Clinic supervisor to allow contact
when away form the office. Monthly recurring cost: $2.75;. Recommended.

Constable Precinct 2 - requests:
M-0610073 request to remove the weather information from the pager service. Equipment:
$0.00; Installation; $0.00, labor covered by contract; no recurring cost. Recommended.

M-0610074 request to remove the weather information from the pager service. Equipment:
$0.00; Installation; $0.00, labor covered by contract; no recurring cost. Recommended.

Pagers are funded by the requesting department unless otherwise indicated

				
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