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					                                                 COURT ORDER                                                            10
ORDER NO.:
               -----------
DATE:     JANUARY 15, 2008
STATE OF TEXAS                               §
                                             §
COUNTY OF DALLAS                             §


         BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on
January       15,2008, on motion made by John Wiley Price, Comm of Dj st                     #3                ,and
seconded by           Kenneth A. Mayfield, Comm of Dist. ff4                                                    , the
following Order was adopted:
         WHEREAS, a claim was presented by Cedrick Williams against Dallas County in the amount of Five
Thousand and No/IOO Dollars ($5,000.00) for property damage, as a result of an accident that occurred on or about
May 23, 2007 and said claim was discussed with the Commissioners Court in closed session on October 30, 2007, as
permitted by Texas Government Code §551.071(1)(b); and

         WHEREAS, the office involved in this claim is the Dallas County Constable Precinct #3; and

        WHEREAS, this claim has been investigated by the Civil Division of the Criminal District Attorney's Office
and Five Thousand and NollOO Dollars ($5,000.00) for property damage was found to be a valid and reasonable
amount for settlement of this claim; and

         \VHEREAS, a release from all further liability of the County of Dallas concerning all existing and possible
claims will be obtained

         IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that Cedrick Williams and his attorney
Christopher Garcia be paid Five Thousand and No/IOO Dollars ($5,000.00) for property damage as full and final
settlement by the County of Dallas, Texas, and that the County Treasurer is authorized to release said check to an
employee of the Civil Division of the Dallas County Criminal District Attomey's Office.

        DONE IN OPEN COURT this the                           J_an_u_a_ry--:::-
                                                 15th day of __                           -', 2008.




Mike Cantrell, Comm, Dist. #2


cecosnrnenaed for Approval:
                                                       COURT ORDER                                                  'I
   ORDER NO.:         2008 0102
   DATE: JANUARY 15, 2008
   STATE OF TEXAS                                  §
                                                   §
   COUNTY OF DALLAS                                §


              BE IT REME1\1BERED, at a regular meeting of the Commissioners COlli of Dallas County, Texas, held on
    January 15 ,2008,onmotionmadeby                    John Wiley Pr~ce, Corom of Dist. 113                        ,and
   seconded by               Kenneth A. Mayfield, Corom of Dist. 114                                                , the
   following Order was adopted:
            VVHEREAS, a claim was presented by Krishunna Pearson against Dallas County in the amount of Eight
   Hundred Eighty and 961100 Dollars ($880.96) for property damage, and for rental reimbursements as a result of an
   accident that occurred on or about October 1, 2007 and said claim was discussed with the Commissioners Court in
   closed session on January 8,2008 as permitted by Texas Government Code §551.071(1)(b); and

              WHEREAS, the office involved in this claim is the Dallas County Health and Human Services; and

              WHEREAS, this claim has been investigated by the Civil Division of the Criminal District Attorney's Office
   and Seven Hundred Forty-Five and 9611 00 Dollars ($745.96) for property damage and One Hundred Thirty-Five
   and NollOO Dollars ($135.00) for rental reimbursements were found to be valid and reasonable amounts for settlement
   of this claim; and

            \\'HEREAS, a release from all further liability of the County of Dallas concerning all existing and possible
   claims will be obtained

           IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that Krishunna Pearson be paid Eight
  Hundred Eighty and 96/100 Dollars ($880.96) for property damage and rental reimbursements as full and final
  settlement by the County of Dallas, Texas, and that the County Treasurer is authorized to release said check to an
  employee of the Civil Division of the Dallas County Criminal District Attorney's Office.

              DONE IN OPEN COURT this the              15th            January




':~d for Approval:
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 /-;:;:~ .l
'. BOD Schell
                        1 I j )
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                      f.!·!Z:-'1N~ cilC~~",/.;,1
  Chief, Civil Division
  Dallas County District Attorney's Office
                                                  COURT ORDER

ORDER NO.       2008 010~J
DATE:      JANUARY 15, 2008

STATE OF TEXAS                          §

COUNTY OF DALLAS                        §

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

held on the              15th
                      .....::..=;-==-        day of           January



  Kenneth A.                        Commissioner of District No. 4


\VHEREAS, Margaret Ke1iher was appointed to serve on the Dallas Central Appraisal District Board of
          Managers by Commissioners Court Order 2003-2227, dated December 9, 2003; and

\VHEREAS, Margaret Keliher was reappointed to the Dallas County Central Appraisal District Board of
          Managers for a second two (2) year term beginning January 1,2006, by Commissioners Court
          Order 2005-1976, dated October I I, 2005; and

WHEREAS, Margaret Keliher resigned such appointment to the Dallas Central Appraisal District Board
         of Managers on December 31. 2006; and

WHEREAS, County Judge Jim Foster was appointed to serve an unexpired term ending December 31, 2007
         on the Dallas Central Appraisal District Board of Managers by Commissioners Court Order
         2007-081, dated January 9, 2007.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court for the specific appointment made by this order suspends its rule Article II, Section 2-38 (a), as
established by Commissioners Court order 2007 - I 888.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court hereby appoints the following citizen to serve on the Dallas Central Appraisal District Board of
          for a two year term beginning January 15, 2008 and ending December 31, 2009.




                                            Dorothy Burton                  (County)
                                            Burton Communications & Development
                                            P.O. Box 381112
                                            Duncanville, Texas 75138
                                            972-572-4003
                                             COURT ORDER
ORDER NO.       2008 0104                                                                              IQ
DATE JANUARY 15t 2008

STATE OF TEXAS                    §
COUNTY OF DALLAS                  §

BE IT REMEMBERED, at a regular meeting of the Commissioners CouI1 of Dallas County, Texas, held
on the            15th               day of                 Janumy                 , 2008, on motion Iuade by
_ _ _ _ _~~~~:..J---}.!:....:!=...=!:~~~~~~~....!:::!..::!:~::.!2..1::.~~~L.....:=:!~         , and seconded by

  Kenneth A. Mayfield, Corrnnissioner of District No.4, the following Order was adopted:

WHEREAS,              it is the responsibility of the Dallas County Commissioners Court to appoint officers
                      to the Dallas County Child Welfare Board; and

WHEREAS,              it is the desire of Commissioner John Wiley Price and the Dallas County
                      Commissioners Court to appoint Jessica R. Dixon for an unexpired term, effective
                      January 15, 2008 and expiring January 31, 2009 to fill the vacancy created by the
                      resignation of Dr. Michael Lindsey; and

WHEREAS,             Dallas County Commissioners Court desires to find the IUOSt qualified citizens to
                     participate on Boards, Commissions and Committees,


IT THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby appoints the following citizen to the Dallas County Child Welfare Board for an
unexpired term effective January 15, 2008 and expiring January 31, 2009:

                                           Jessica R. Dixon         (3)
                                           Dedman School of Law
                                           P.O. Box 750116
                                           Dallas, Texas 75275
                                            (214) 768-2641

DONE IN OPEN COURT this the                  15th




                                   Recommended by:     l2~~
                                   J. Allen Clemson, ¥dministrator                      I -( S-
                                                COURT ORDER

ORDER NO.      20080,105
DATE:     JANUARY 15, 2008


STATE OF TEXAS                       §

COUNTY OF DALLAS                     §

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

on the          --.;::;..:;;..::;~
                     15th                day of -----:::..==;;;:;....l-----, 2008, on motion made by
                                                          January

 John Wiley Price, _ _ _ _ _ of District No. 3
_ _ _ _ _ _ _ _ Commissioner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, and seconded by

 Kenneth A. Mayfield, Commissioner of District No. 4



WHEREAS,                 it is the responsibility of the Dallas County Commissioners Court to appoint officers
                         to the Dallas County Homeland Security Advisory Committee; and

WHEREAS,                 such appointments are for a two-year term and expire January 31 st of the appropriate
                         year; and

WHEREAS,                 it is the desire of the Dallas County Commissioners Court to appoint Gary B. Smith
                         to the Dallas County Homeland Security Advisory Committee for an unexpired term,
                         effective January 15, 2008 and expiring January 31, 2008, to fill the vacancy created
                         by the resignation of Charles Poffenbarger; and

WHEREAS,                 due to the length of the remainder of Charles Poffenbarger's unexpired term, the
                         Commissioners Court also appoints Gary B. Smith for his first two year term,
                         effective February 1,2008 and expiring January 31,2010; and

WHEREAS,                 Dallas County Commissioners Court desires to find the most qualified citizens to
                         participate on Boards, Commissions and Committees.


IT THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby appoint the following citizen to the Dallas County Homeland Security Advisory
Committee for an unexpired term effective January 15,2008 and expiring January 31,2008 and a two year
term effective February 1,2008 and expiring January 31,2010:

                                              Gary B. Smith               (J)
                                              3921 Winter Park
                                              Addison, Texas 75001
                                              214.704.7838 (cell)
                                                     COURT ORDER

ORDER NO.      2008
              ---------
              JANUARY ·1-5 , 2008

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       _ _ _---:.:.=.=-'--                  ,   2008, on motion made by

  John Wiley PriceJ,.    Commissioner of District No.3                                                 , and seconded by
 Kenneth A. Mayfield, Commissioner of District No. 4
- - - - - - - - - - - - - - - - - - - - - - - - - - -, the following Order was adopted:


WHEREAS, on December 18,2007, the Dallas County Commissioners Court was briefed concerning a
         review of Dallas County's Evaluative Procurement Process; and

WfIEREAS, the Commissioners Court, during such briefing, reviewed a Request for Qualifications
          Consulting Services to conduct such a review; and

\VHEREAS, the Commissioners Court has determined that such Evaluative Procurement Processes should
          be bench marked with other urban counties, as well as compared to best practices.


IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court hereby          the attached Request for Qualifications for consulting services for  evaluation of
Dallas County's Evaluative Procurement Processes and authorizes its advertisement and distribution.




DONE IN OPEN COURT this the _ _~~__ day of
                               15th                                              Januarv
                                                                             -----::;..=:;.;:..=..L-      ,   2008.




                                                                                            ike Cantrell, District #2




                                                               Kenneth A. Mayfi


                         '-VVV">H»V>H..<V"-A   by:
                                                     r0tUc eL-;-
                                                      Allen Clemson, Administrator
                                                                                                ,0
                           TABLE OF CONTENTS

                 DEFINITIONS                             PAGE 3
 I.              GENERAL SCOPE                           PAGE 5
 II.             BACKGROUND                              PAGE 7
 I".             SELECTION PROCESS
 IV.             FEE STRUCTURE                           PAGE 7
V.               PROPOSER'S QUALIFICATIONS AND WORK PLAN PAGE 8
VI.              EVALUATION CRITERIA & WORKSHEET.        PAGE 8
VII.             PROPOSAL SUBMISSION                     PAGE 9
VIII.            OBSERVANCE OF LAWS.                     PAGE 10
IX.              AWARD OF CONTRACT .                     PAGE 10
X.               ASSIGNMENT OF CONTRACT.                 PAGE 10
XI.              DEFAULT BY CONTRACTOR                   PAGE 11
XII.             CONTRACT DURATION. .                    PAGE 11
XIII.            DISCLOSURE OF PROPOSAL CONTENTS.        PAGE 12
XIV.             PROPOSAL PREPARATION COSTS.             PAGE 12
XV.             PROPOSAL WITHDRAWAL.                    PAGE 12
XVI.            PROPOSAL ERRORS                         PAGE 12
XVII.           PROPOSAL ACCEPTANCE PERIOD.             PAGE 13
XVIII.          OMISSION .                              PAGE 13
XIX.            PROPOSAL FOR ADDITIONAL SERVICES.       PAGE 13
XX.             CONTRACTOR'S WARRANTIES.                PAGE 13
XXI.            INDEMNIFICATION.                        PAGE 13
XXII.           LIABILITY AND OTHER INSURANCE .         PAGE 14
XXIII.          COLLUSION.                              PAGE 15
XXIV.           NOTICE FOR NON-COMPLIANCE/PERFORMANCE PAGE 15
XXV.            MONETARY RESTITUION                     PAGE 16
XXVI.           GRATUITIES, KICKBACKS OR CONFLICTS OF
                INTEREST .                              PAGE 16
XXVII.          SEVERABILITY & RIGHTS TO DATA.          PAGE 17
XXVIII.         LITIGATION.                             PAGE 17
XXIX.           VENUE                                   PAGE 17
XXX.            TERMINATION                             PAGE 17
XXXI.           PAYMENTS.                               PAGE 18
XXXII.          PROPOSAL REQUIREMENTS                   PAGE 18
XXXIII.         FORMAT OF PROPOSAL.                     PAGE 19
XXXIV.          OTHERS                                  PAGE 20
XXXIV.          MIWBE REQUIREMENTS                      PAGE 21




RFQ No. 2008-                      2
                  Specifications For Consulting Services
                for the Dallas County Commissioners Court

 I.     GENERAL SCOPE

       Dallas County desires to retain consulting services necessary to assist the
       Commissioners Court of Dallas County in evaluating the County's
       evaluative procurement processes and policies for sealed bids, request for
       proposals and requests for qualifications and to work with the
       Commissioners Court and members of the County's Administrative staff to
       implement selected strategies. All proposers should have demonstrated
       experience in consulting on procurement with large complex systems
       including in government settings. The goal of the County is to select a
       consultant to assist the County in identifying opportunities for more
       effective and efficient process and procedures to insure that the desired
       outcome in the procurement effort is obtained. This effort will include the
       necessary data gathering, benchmarking and policy analysis needed to
       assist the Commissioners Court in determining the opportunities and their
       potential impact on the quality of the County's evaluative procurement
       system. Once options and opportunities have been identified with
       associated costs and benefits, the consultant will assist the
       Commissioners Court in establishing a system of prioritizing the options
       and opportunities.

       Within the scope of work to be performed, benchmarking against other
       large counties in the State of Texas and other large urban centers across
       the country is mandatory. Any consultant must be aware that this contract
       may involve a high level of public scrutiny from the agencies internal to
       county operations as well interested outside parties. The selected
       consultant will be required to interview many of these groups, especially
       those directly involved in our systems. It is of the utmost importance that
       these groups' issues and concerns be identified so they can be taken into
       consideration during the consultant's evaluation and policy analysis
       process. Within this engagement there will be specific deliverables that
       will be identified and agreed to with a strict timeline.

       It may become apparent that very efficient and effective ways to add ress
       various procurement issues are not being utilized as they are or may not
       be allowed by a state or federal law. These legal impediments will need to
       be identified and options developed on how to address these obstacles.




RFQ No. 2008-                          4
 IV.    FEE STRUCTURE AND DETAILED WORK PLAN

        Dallas County will pay an overall cost of the consultant services with
        additional hourly rates for work performed outside the scope of the
        contract. This fee should not include travel and other expenses as they will
        be directly reimbursable at actual cost based on Dallas County's per diem
        rate and standard coach air travel. Any and all additional services must be
        agreed to in writing prior to the work being performed. Dallas County will
        not be responsible for payment of any fees for which such prior written
        approval was not properly obtained. The selected consultant will be
        required to develop a detailed final work plan that identifies the tasks to be
        performed and schedule in which they will be completed. The final work
        plan and the RFQ will become a part of the engagement contract.

V.      PROPOSERS QUALIFICATIONS AND WORK PLAN

       The proposer's qualifications must demonstrate their capability to provide
       the desired consulting services. Please include all past projects of a
       similar nature and other experience relevant to this Request for
       Qualifications.    A suggested work plan must be submitted which shall
       include an initial work plan on what will be studied, data to be gathered,
       policy issues to be discussed, deliverables to be provided and timelines
       for each required component. Given the sensitivity of the issues and
       services, clear and demonstrable expertise must be submitted for
       consideration. Please note that unless specifically and clearly labeled at
       the top of the page as being proprietary and/or confidential it will be
       deemed to be non-proprietary and/or not confidential. If properly identified
       as confidential, Dallas County will make its best effort to assist in
       protecting the confidentiality to the extent it is permitted by law.

VI.    EVALUATION CRITERIA

        In accordance with the evaluation criteria set forth in this RFQ, the
       County's evaluation committee will review and score each consultant's
       submitted proposal. A recommendation will be submitted to the
       Commissioners Court based on the proposer deemed to be the most
       qualified/highest rated. Once the consultant is selected, they will work with
       the County to develop a detailed statement of work that will include
       schedules and cost. If the County and Consultant cannot agree on terms,
       the county will stop discussion and begin negotiations with the next
       highest rated consultant. The Dallas County Commissioners Court will
       make the final selection of the consultant to be retained, limited only to
       their best judgment of the consultant that will provide the best value and
       not the evaluation criteria contained in this RFQ. Experience can be
       demonstrated by both the firm's past work and by individual staff members
       assigned to this project, including any sub-consultants. Consultants will




RFQ No. 2008-                            6
        2. Proposal submission should be clearly labeled to follow the evaluation
           criteria format listed in Section VI.
        3. A Pre-Proposal Meeting will be held on Month day, 2008, in the Dallas
           County Administration Building, 411 Elm St., Dallas Texas,
           Commissioners Courtroom (1 st floor) @ 2:00p.m.
        4. Seven (7) copies of the proposal must be delivered to the following
           address no later than 2:00 pm on October 23, 2006

                        Dallas County Purchasing Department
                        Attn: Linda Boles
                        509 Main Street, Room 623
                        Dallas, Texas 75202

       5. Any proposal received after the filing deadline will be returned
           unopened. The official time will be the time clock located in the
           Purchasing Department.       Proposals received at 2:01 p.m., and
           thereafter are Late Proposals and will not be accepted.
       6. Dallas County will not be held responsible for unmarked proposals,
           improperly marked proposals or proposals delivered to the wrong
           location.
       7. Dallas County reserves the right to reject any and all proposals, and to
          waive any irregularities in the awarding of the contract, which in the
          judgment of the Commissioners Court, is in the best interest of the
          County.
       8. Interested parties must be willing to have the County verify the
          proposal information by any means necessary in order to qualify the
          responses.
       9. Proposing firms must identify a lead person with decision-making
          authority as the primary contact during the proposal process and
          through the end of the contract, including name, title, address, phone
          number, fax, email, and other pertinent contact information.

Communications Regarding this RFQ

       1.       Contact with County staff during the evaluation process is
                prohibited. All contact regarding this solicitation must be made
                through the Dallas County Purchasing Department.
       2.       Questions regarding this solicitation are to be submitted in writing to
                Linda Boles via one of the following methods:                   email:
                Iboles@dallascounty.org, fax: 214-653-7449, mail: Dallas
                County Purchasing Department - 509 Main Street Suite 623,
                Dallas, Texas 75202
       3.       All questions, comments and requests for clarification must
                reference the RFQ number on all correspondence to Dallas County.
                Any oral communication shall be considered unofficial and non-
                binding.



RFQ No. 2008-                              8
        D.       Immediately after the notice of award, to ensure proper
                 coordination with the Commissioners Court, the Contractor or its
                 manager shall begin planning        in conjunction with     the
                 Commissioners Court Administrator.

        E.      All contracts related to partnership, joint ventures and agreements
                with MIWBE registered firms must be completed and executed prior
                to award of the Contract.

 X.    ASSIGNMENT OF CONTRACT

       A.       The Contractor shall not assign, transfer, conveyor otherwise
                dispose of the Contract or any part therein or its right, title or
                interest therein or its power to execute the same to any other
                person, company or corporation without previous consent in writing
                by Dallas County.

       B.       Should the Contractor assign, transfer, conveyor otherwise
                dispose of its right, title or interest or any part thereof in violation of
                this restriction, Dallas County may cancel the contract and all
                rights, title and interest of the Contractor shall cease and terminate,
                and the Contractor shall be declared in default.

XI.    DEFAULT BY CONTRACTOR

       A.       In the event the Contractor fails to perform, keep and observe any
                of the terms, covenants and conditions of the contract to be
                performed, Dallas County shall give the Contractor written notice of
                such default. In the event said default is not remedied to the
                satisfaction and approval of Dallas County within thirty (30) days of
                receipt of such notice by the Contractor, the Contractor may be
                declared in default and all rights hereunder shall terminate. At the
                written notice of Dallas County, the Contractor shall vacate all
                County offices.

       B.       The Contractor in accepting the Contract agrees that Dallas County
                shall not be liable for damages in the event that Dallas County
                declares the Contractor in default.

       C.       Dallas County reserves the absolute right to terminate the Contract
                in whole or in part, for the convenience of Dallas County at its sole
                discretion on thirty (30) days written notice to the Contractor.

XII.   CONTRACT DURATION

       A.       The contract will commence within 10 days of award, executed
                contract and proof of required insurance.



RFQ No. 2008-                              10
                County Purchasing Department in writing of the error or omission it
                discovers and request modifications or clarification of the
                document. Any significant errors, omissions, or inconsistencies in
                the specifications are to be reported no later than ten (10) days
                before the proposal submission deadline.

    XVII.    PROPOSAL ACCEPTANCE PERIOD

          Each proposal shall be valid for a period of 180 days after the RFQ
          submission deadline to allow time for evaluation, selection, and any
          unforeseen delays. The 180 day period may be extended by mutual
          agreements of the parties.

    XVIII. OMISSION

         Products and services not specifically mentioned in this RFQ, but which
         are necessary to provide the services described by this RFQ shall be
         included in the proposal.  It is intended that this RFQ describe the
         requirements and response format in sufficient detail to secure
         comparable proposals.

    XIX.    PROPOSAL FOR ADDITIONAL SERVICES

         After the award, if the County desires that the firm provide services in
         addition to those required by and described in this RFQ, these additional
         services may be added in writing to the original contract. No additional fee
         shall be paid for any additional work or service unless it is approved in
         writing as an amendment to the original contract and signed by both
         parties.

   XX.      CONTRACTOR'S WARRANTIES

       By signing this RFQ and any other agreement resulting from this RFQ,
       contractor further warrants and represents that it has become fully
       acquainted with conditions, facts, and circumstances related to providing
       services as requested in the RFQ. Failure of the contractor to acquaint
       himself with the existing conditions, facts, and circumstances, shall in no
       way relieve it of any obligation with respect to this agreement.

   XXI.     INDEMNIFICATION

      Proposer agrees that it will protect, defend, indemnify, and save whole
      and harmless Dallas County and all of its officers, agents, and employees
      from and against all claims, demands, causes or action, damages,
      judgments, loss and expenses, including attorney's fees, of whatsoever
      nature, character, or description that any person or entity has or may have
      arising from or on account of any injuries or damages (including but not
      restricted to death) received or sustained by any person, person's or


RFQ No. 2008-                            12
                Dollars ($300,000) each accident for bodily injury and One Hundred
                Thousand and 00/100 Dollars ($100,000) each occurrence for
                property damage or a combined single limit for bodily injury and
                property damage liability of not less than Four Hundred Thousand
                and 00/100 Dollars ($400,000).

        F.      Professional Liability Insurance in an amount not less than
                $1,000,000.00. This insurance shall include interests of the County,
                the Contractor, and all subcontractors in the work during the life of
                the contract.

        G.      Failure to comply with lawful requirements or adequate liability
                requirements may result in delay of payments and/or cancellation of
                contract award.

       H.       All certificates of insurance shall be identified with the RFQ number.

       I.       The requested coverage must be issued by a carrier with a Best "A"
                or better rating and licensed to do business in the State of Texas.

       J.       Proposer's compliance with the above insurance requirements shall
                not relieve proposer from any liability.

       INSURANCE LAPSES

        In the event successful firm fails to maintain insurance as required by this
       contract, successful firm shall immediately cure such lapse in insurance
       coverage at successful firm's sole expense, and pay County in full for all
       costs and expenses incurred by County under this contract as a result of
       such failure to maintain insurance by successful firm, including costs and
       reasonable attorney's fees relating to County's attempt to cure such lapse
       in insurance coverage. Such costs ad attorney's fees, not to exceed
       fifteen hundred and 00/100 dollars ($1,500.00), shall be automatically
       deducted from monies or payments owed to successful firm by County.
       Moreover, the County shall retain five percent (5%) of the value of the
       Contract that shall be placed into an account from monies or payments
       owed to Contractor by County to cover County's potential exposure to
       liability during the period of such lapse. The retainage shall be held by
       County until six (6) months after the term of the Contract has ended or has
       otherwise been terminated, cancelled or expired and shall be released if
       no claims are received or lawsuits filed against County for any matter that
       should have been covered by the required insurance.


       SUCCESSFUL FIRM FURTHER AGREES TO INDEMNIFY COUNTY
       FOR ANY PENALTIES, FINES, JURY AWARDS, COURT COSTS,



RFQ No. 2008-                            14
    XXV.    MONETARY RESTITUTION

        In the event the contract is prematurely terminated due to non-
       performance and/or withdrawal by the contractor, Dallas County reserves
       the right to seek monetary restitution (including but not limited to
       withholding of monies owed) from the contractor to cover costs for interim
       services and/or to cover the difference of a higher cost (difference
       between termination vendor's rate and the new company's rate) beginning
       the date of vendor's termination through the contract expiration date. In
       the event civil suit is filed to enforce this provision, Dallas County will seek
       its attorney's fees and cost of suit from the contractor.

    XXVI. GRATUITIES, KICKBACKS OR CONFLICTS OF INTEREST

       A.        Gratuities: It shall be unethical for any person to offer, give, or
                 agree to give any employee or former employee, or for any
                employee or former employee to solicit, demand, accept, or agree
                to accept from another person, a gratuity or an offer of employment
                 in connection with any decision,             approval, disapproval,
                recommendation, preparation or any part of a program requirement
                or a purchase request, influencing the content of any specification
                or procurement standard, rendering of advice, investigation,
                auditing, or in any other advisory capacity in any proceeding or
                application, request for ruling, determination, claim or controversy,
                or other particular matter, pertaining to any program requirement, or
                to any solicitation or proposal therefore.

       B.       Kickbacks: It shall be unethical for any payment, gratuity, or offer
                of employment to be made by or on behalf of a subcontractor under
                a contract to the prime contractor, or higher tier subcontractor, or
                any person associated therewith, as an inducement for the award
                of a subcontract or order.

       C.       Conflict of Interest: No official or employee shall have any financial
                interest, direct or indirect, in any contract with the County and or be
                financially interested, directly or indirectly, in the sale to the County
                of any land, materials, supplies or services Any violation of this
                section, with knowledge, expressed or implied, of the person or
                corporation contracting with the County shall render the contract
                involved void able by the Commissioners Court of Dallas County. It
                is the responsibility of the contractor during the contract process to
                notify the Commissioners Court Administrator in writing of any
                potential conflict of interest.




RFQ No. 2008-                              16
        F.      Immediately upon failure of either party to remedy a breach of
                contract and provide evidence thereof within thirty (30) days after
                receipt of written notice from the other party.

        G.      Thirty (30) day notice of termination to the contractor by the County
                for any reason or without cause.

        In the event of termination upon any conditions set forth above, the
        contractor shall make a final accounting within sixty (60) days as to the
        fees payable to the contractor, and any funds due the County in the
        possession of the contractor. Any balance due either party shall be
        promptly paid by the debtor party. The final accounting is subject to the
        County audit. The contractor shall not be entitled to lost or anticipated
        profits.

       Such notice of termination will be by registered or certified mail, return
       receipt requested, and will be deemed given upon receipt of such notice
       by the other party.

    XXXI. PAYMENTS

       Upon receipt of contractor's correct invoice(s), Dallas County will make
       payments to contractor in accordance with the Prompt Payment Act of the
       State of Texas. Original invoices are to be sent to the attention of the
       Dallas County Commissioners Court Administrator.

                       Allen Clemson
                       Commissioners Court Administrator
                       County Administration Building
                       411 Elm Street
                       Dallas, Texas 75202


   XXXII. PROPOSAL REQUIREMENTS

       A.       The County discourages lengthy and costly proposals. Proposals
                should be prepared simply and economically and provide straight
                forward, concise descriptions of the Proposers capabilities to satisfy
                the requirements of this RFQ.           Emphasis should be on
                completeness and clarity of content.

       B.       Proposers must follow all formats and address all portions of the
                RFQ set forth herein providing all information requested.




RFQ No. 2008-                             18
        E.       Staff qualifications - Support personnel, as applicable, shall be
                 listed including a description of assignment and responsibilities, a
                 resume of professional experience and an estimate of the time
                 each would be devoted to this program and other pertinent
                 information.

        F.      Experience with: large procurement evaluation projects; policy
                analysis; large complex evaluative procurement systems; leading
                governmental bodies through planning and policy discussions.

        G.      Any exceptions the proposer takes with the proposal or proposal
                requirements.

        H.      References - Proposers must submit at least 6 reference accounts
                to whom they have or are presently providing this service. Included
                must be the name of the government or company, individual to
                contact, phone number and address. Letters of recommendation or
                reference may be included in this section. Preference will be given
                to large, complex, procurement systems.

       I.       Response to MMIBE forms (forms are attached).

       Note: Pricing Structure- VVill be addressed after the most qualified firm is
       selected.

    XXXIV.      OTHERS

       A.       It shall be the responsibility of the proposers to thoroughly
                familiarize themselves with the provisions of these specifications.
                After executing the contract, no consideration will be given to any
                claim of misunderstanding.

       C.       Dallas County reserves the right to reject all proposals and to waive
                any irregularities. Dallas County also reserves the right to accept
                offerings included in the contractor's proposal but not specifically
                requested.

       D.       No proposal will be accepted from, or contract awarded to, any
                person, firm or corporation that has defaulted upon any obligation
                to Dallas County by failing to perform satisfactorily any previous
                agreement or contract within the past thirteen (13) months.

       D.       The Contractor must agree to abide by the rules and regulations as
                prescribed herein and as prescribed Dallas County as they now
                exist and may hereafter from time to time be changed in writing.




RFQ No. 2008-                            20
                                       COURT ORDER

ORDER NO.       2008 0107
DATE:           JANUARY 15, 2008
STATE OF TEXAS                 §
COUNTY OF DALLAS               §
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,
held on the     15th     day of      January       ,2008, on motion made by
  John Wiley Price, Commissioner of District N o . 3 , and seconded by
  Kenneth A. Mayfield, Commissioner of District" N o . 4 , the following Order
was adopted:

WHEREAS,        on January 8, 2008, the Dallas County Commissioners Court was briefed on a
                proposal to amend Court Order 2007-1892 which contains the policies, procedures,
                and directions associated with the implementation of the County's strategic plan;
                and

WHEREAS,       under Court Order 2007-1892, all memoranda submitted for the Commissioners
               Court briefing agenda must contain a section which describes whether the
               subject/request being presented to the Court is consistent with the County's
               strategic plan and if it is not, why the subject/request should still be considered; and

WHEREAS,       it has similarly been proposed that all Court Orders placed on the Court's formal
               agenda must either state that the action authorized by the order is consistent with
               the County's strategic plan or explains, if the action is not consistent with the
               County's plan, why the action is still being taken.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Court Order 2007-1892, which
establishes the implementation policies, procedures, and directions for Dallas County's strategic
plan, is amended to include a requirement that all Court Orders placed on the Dallas County
Commissioners Court's formal agenda, beginning with its January 29, 2008 formal agenda, must
contain a "whereas" clause that either states that the action authorized by the order is consistent
with the County's strategic plan or explains, if the action is not consistent with the County's plan,
why the action is still being taken.

                                       15th     day of   C    January


                                         .
                                      ~~J~~
                                Maurine Dickey                           Mike Cantrell        ""
         ~                      Commissioner District #1                 Commissioner District #2



          ~~~~~
  "',,~ecommended ~~Q                  by9
                                         :
                                                          COURT ORDER

ORDER NO:
                  2008 0108
DATE:          JANUARY 15, 2008

STATE OF TEXAS                    §

COUNTY OF DALLAS                  §

BE IT REMEMBERED, ata regular meeting ofthe Commissioners Court of Dallas County, Texas, held on the      15 th       day of
                                       January                                                     , 2007, on motion made by
 John Wiley Price, Corrnnissioner of District N o . 3 , and seconded by
 Kenneth A. Mayfield Commissionr of District N o . 4 , the following Order was adopted:


WHEREAS,         The Texas Association of Counties conducted it's annual fall session of Judicial Education forConstitutional County
                 Judges atthe Moody Gardens Center in Galveston, Texas; and

WHEREAS,          County Judge Jim Foster attended 16 hours of available courses atthe fall session; and

WHEREAS,          A certificate of completion was issued by the Texas Association of Counties to Judge Foster to certify his
                  completion ofthe afore mentioned course; and

WHEREAS,          It is the desire of the Dallas County Commissioners Court to file with the County Clerk the Certificate of
                  Completion.


IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Commissioner's Court of Dallas County hereby files the attached
certificate ofcompletion for Judicial training issued to County Judge Jim Foster by the Texas Association of Counties.



DONE IN OPEN COURT, this the       15th        day of       January                             2008.



                                             ~~~£~
                                             Mau1lne-Bickey                                                          Mike Cantrell
                                             Commissioner District #1                                       tf       Commissioner    Dist~t   #2




                                                                                              Kenne    .ayfield
                                                                                              Commissioner District #4

                                                           //1~\"
                                                         ~jl
                                                                                          '1
                                                         -mrlY\"--·f./1..~
                                                           ',_/   c.   •   . / : ••••   ii,      ..... ;:


                                 Recommended by:
                                                        ~fai§/Pardue J
                                                        Assistant Administrator for Government Affairs
                                                                    v
                                                         CUURT     UKJJ~R




ORDER NO.         2008 0109
DATE: January 15, 2008

STATE OF TEXAS                                 §

COUNTY OF DALLAS                               §


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

held on the                :;,.: . . ;:;:;.;
                     . . .;15th:;.                 _   day of          January



_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , the following Order was adopted:


WHEREAS, on December 4, 2007, the Dallas County Commissioners Court was briefed regarding the
         required continuing education units for the Dallas County District Clerk Gary Fitzsimmons;
         and



IT IS ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court hereby
deems that the District Clerk, Gary Fitzsimmons has successfully completed 20 hours ofcontinuing education
for calendar year 2007, as required by Section 51.605 of the Texas Government Code.


                                                       15th        day of _""':::;;"'--:;";:;::=::;..l.-.



                                                                                                           Mike Cantrell
                                                                                                       Commissioner of District 2

              /




           \
                                                           ecommended by:
                                                       im Foster, County Judge
                                                                  TEXAS ASSOCIATION ojCOlJNTIES

                                                   County and District Clerks
                                                    Certification for Continuing Education


                              2007 COURTS & LOCAL GOVER.NMENT
                                       TECHNOLOGY CONFERENCE

                                          January 30 - February 1, 2007

                                  Austin Convention Center' Austin, Texas


                       Sponsor;                                                 Educational Co-Sponsor:
          Texas Association of Counties                                        LBJ School of PubJic Affairs'
                                                                             Unlverslty of Texas at Austin



 I, County /DWri ct clerk, do hereby certify that I attended the above Iisted program and was present at
all tht! course(s) of instruction which I am claiming continuing education credit.


I make thls certification for the purpose of receivIng *'          3         hours' of continuing education credit
for the 2006 calendar year pursuant to Section 51.605 of the Government Code. I present and declare
all of the above statements are true and correct.


I represent and declare that all of the above statements are true and correct.



Date:      ~   -1.2 .01:                                    Signature:   7:/7=-~ -c==-                   .....



County:    ,D,ALt-..4 i                                   . Name (printed):    ~=, h"'1'~ Sf. {Y\..M.a ~\


                *A maximum of 5.75 hours h e s been approved for thIs conference.




   Texas Assoclatton of ccunnes Is recognIzed by tne International Asscclatton for Contlnuln'g Education and Training
              (IACET) as a CEU Sponsor and will award CEU for Full particIpatIon In a conference session.
          Attendance forms are maIntained by Texas Association of Counties for a period of seven (7) years.
                                            COURT ORDER



ORDER NO.      2 00 8 {)11 ()
DATE:                -:.-
            JANUARY 15, 2008 _


STATE OF TEXAS                §
                              §
COUNTY OF DALLAS              §


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

The     15th day of   January      ,2008, on motion made byJohn Wiley Price,Corrnn. of Dist. 3 ,and

                 Kenneth   A. Mayfield, Corrnn. of Dist. 4

Whereas,       on October 29,2002, President Bush signed HR3295, the Help America Vote Act; and

Whereas,       the initial funding available to Dallas County was $13,515,875.17; and

Whereas,       Commissioners Court has passed Court Orders 2003-1292,2005-2153,2006-1535 and
               2006-1770 for various HAVA, Chapter 19 and escrow funded election system
               enhancements; and

Whereas,       on January 8, 2008, the Dallas County Commissioners Court briefed the following thirteen
               areas for voting system enhancements:

Recommended Enhancements                     Est. Expense          Funding Source              Acct#

Additional Voting Booths                    $132,500.00            HAVA Grant Fund             (2301 )
500 Additional Light Assemblies             $15,000.00             HAVA Grant Fund             (2301)
35 Laptop Computers                         $52,500.00             Escrow Account              (94036)
20 Mobile Laptop Racks                      $30,000.00             HAVA Grant Fund             (2301 )
100 Voter Education Kiosks                  $100,000.00            HAVA Grant Fund             (2301 )
720 e-PollBook Licenses                     $500,400.00            HAVA Grant Fund             (2301 )
50 PS1 00 e-PolIBooks                       $74,750.00             HAVA Grant Fund             (2301)
10 Laptop Computers                         $15,000.00             HAVA Grant Fund             (2301 )
3 Voter Registration Scanners               $17,367.00             Ch.19 Grant Fund            (91295)
4 Voter Registration Printers               $13,196.00             HAVA Grant Fund             (2301 )
30 Mobile Early Voting Workstations         $83,700.00             HAVA Grant Fund             (2301)
30 Monitors, pc's, scanners                 $60,000.00             Ch.19 Grant Fund            (91295)
Election Help Desk Software                 $111,000.00            HAVA Grant Fund             (2301 )
Signage and Accessibility Items             $7,000.00              HAVA Grant Fund             (2301 )
Chairs, Magnifiers, Signature Guides        $1,850.00              HAVA Grant Fund             (2301 )

Whereas,      funding for the above items will be reimbursed by the HAVA Grant Award, Chapter 19
              grant and Election Escrow Account; and
                                         COURT ORDER


 ORDER NO: - - - - - - -

 DA,TE: "JANUARY 15, 2008


 STATE OF TEXAS

 COUNTY OF DA.LL~J\S

 BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County,
                        15th                  January                  2008, on motion made by
                                         ------------~




 John
_ _ _ _---==:.--_ _--:..- Commissioner   of District No. 3                   /   and seconded by

  Kenneth A. Mayfield, Commissioner of District No. 4
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - , the following Order
was adopted:

\VHEREAS, the Court was briefed on this matter on January 8, 2008; and

WHEREAS, the City of Richardson has contracted with MeshLinx Inc., to implement a high speed
         wireless network; and

WHEREAS, MeshLinx has determined the Richardson Sub Courthouse is an ideal location for an
         access point CAP) for that network:; and

WHERE~J\S,     the City of Richardson and MeshLinx are requesting authorization to locate a
               network: AP on the Richardson Sub Courthouse at 1411W. Beltline Road; and

WHERE~J\S,     a licensing agreement between Dallas County and Meshl.inx is required for
               placement of this AP; and

IT IS THEREFORE ORDERED, ~J\DJUDGED ~~1\ID DECREED that the Dallas County
Commissioners Court hereby approves the attached License Agreement by Dallas County, Texas to
MeshLinx, Inc for Specific Use of Certain Facilities and authorizes the County Judge to sign the
same,
      LICENSE AGREEMENT B,\:Y DALLAS COUNTY, TEXAS TO MESIILINX, INC.
                 FOR SPECIFIC USE OF CERTAIN FACILITIES
           This License Agreement, upon dated signature of all parties herein below, is by and between Dallas
 County, Texas, a governmental entity with its main office at 411 Elm St., Dallas, TX 75202 ("LICENSOR"), and
 MeshLinx Inc., a Delaware company organized under the laws of the State of Texas, with operations located at 1500
 International Parkway, Suite 200, Richardson, TX 75081 ("MeshLinx" or "Company" or "Contractor") (collectively
 the "Parties").

                                                   RECITALS

          WHEREAS, Company has developed, owns, acquired rights to, maintains, and operates a wireless
 broadband digital communications radio network, with capability commonly referred to as "Wi-Fi" and "Public
 Safety" (hereinafter collectively referenced as "Wi-Fi Network"). Company capabilities also include: network
 survey, network and equipment design, manufacturing, installation, network operations and services (the "Company
 Solution"); and,

         WHEREAS, for the purpose of providing Wi-Fi and Public Safety performance, and in conjunction with
the City of Richardson's Wi-Fi network deployment, the Company desires to locate, place, attach, install, operate,
and maintain its Access Points at LICENSOR owned or controlled facilities located at 1411 W. Beltline Road,
Richardson, Texas 75080 (hereinafter defined as "LICENSOR Facilities"), within certain LICENSOR owned or
controlled rights-of-way (hereinafter defined as "LICENSOR Rights-of-Way") and,

         WHEREAS, LICENSOR is prepared to grant the Company the right to locate, place, attach, install,
operate, and maintain its Access Points on certain specified LICENSOR Facilities within the LICENSOR Rights-of-
Way;

        NOW, THEREFORE, in consideration of the foregoing and the mutual representations, covenants and
agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto, intending to be legally bound hereby, agree as follows:

                                        ARTICLE I. DEFINITIONS
 "Access Point ('AP')" shall mean a Mesh node that provides client access and backhaul.

 "Agreement' shall mean this Agreement, including the attached exhibits and schedules.

 "Effective Date" shall mean the date upon which all necessary approvals have been obtained, and the LICENSOR
advises Company that the Agreement is now in effect.

"LICENSOR Facilities" shall mean buildings, towers or poles, public streets or alleys, lighting fixtures, or other
structures owned and/or controlled by the LICENSOR and located within the LICENSOR Rights-of-Way, but
excluding the facilities designated by the LICENSOR herein.

"LICENSOR Rights-of-Way" shall mean the space in, upon, above, along, across, under and over the building,
roads or alleys, and LICENSOR easements as the same exist now or hereafter, that are owned by the LICENSOR.

Where the term, "MeshLinx" or "Company," is used in this Agreement, it shall include, as the context requires,
such Meshl.inx' Affiliates, subcontractors, and agents.

                   ARTICLE II. MESH WIRELESS BROADBAND ACCESS SYSTEM

          2.1.     Installation of Access Points. Subject to the terms and conditions set forth in this Agreement,
LICENSOR grants a license to Company to design, build, and deploy Access Points on LICENSOR Facilities and
LICENSOR Rights-of-Way in conjunction with the city-wide deployment for Richardson, TX, for the LICENSOR
Facilities defined in Exhibit A, during the Term of this Agreement. In carrying out this work, Company may
subcontract tasks to such Affiliates or subcontractors as Company may deem advisable.
LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES
Dallas County Constable's Office: Precinct 3 - 1411 W. Beltline Road, Richardson, Texas 75080
                    ARTICLE III. WARRANTIES AND LIMITATION OF LIABILITY
 Company represents and warrants to LICENSOR as follows:

            3.1.     Organization and Qualification. Company is a corporation duly organized, validly existing and
 in good standing under the laws of the State of Texas and has the requisite power and authority to own, lease, and
 operate its properties and to carry on its business as it is now being conducted. Company is duly qualified or
 licensed to do business and is in good standing in each jurisdiction, in which properties owned, leased or operated by
 it or the nature of the business makes such qualification necessary.

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

          3.3.      Warranty of Company's Capability. Company warrants that it is financially capable of
fulfilling all requirements of this Agreement and that Company has the authority to enter into this Agreement.
Company warrants that it is not prohibited by any loan, agreement, financing arrangement, laws, trade covenant, or
similar restriction from entering into this Agreement.

          3.4.    Dutv of Care in PerformancelWork. If Company or Subcontractor, including any of its
materials and equipment, causes damage to the LICENSOR Facilities or property, or its adjacent property, the
Company shall immediately remove the cause, and replace or repair the damages at no cost or expense to
LICENSOR and restore the LICENSOR Facilities or property to its condition at the commencement of the work by
Company. Repair or replacement of damaged areas of LICENSOR Facilities or property shall be performed in a
professional manner and using high quality materials. If Company fails or refuses to make such removal, repair
and/or replacement, LICENSOR shall have the right, but not the obligation, to make or affect any such removal,
repair or replacement, and Company shall immediately reimburse LICENSOR for the full cost.

      3.5.  No Other Warranties. EXCEPT AS EXPRESSLY STATED HEREIN, COMPANY MAKES
NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,
CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT OR OTHER WISE.

LICENSOR represents and warrants to Company as follows:

         3.6.     Organization and Qualification. LICENSOR is a governmental entity duly organized and
existing pursuant to the laws of the State of Texas. LICENSOR hereby represents that it has the requisite authority
to own, lease and operate its properties and to carry on its business as it is now being conducted. Company
expressly acknowledges that the LICENSOR is subject to the Texas State Constitution and all statutes, regulations,
and other laws of the State of Texas.

      3.7.   Indemnification and Waiver. IN CONSIDERATION OF THE RIGHTS GRANTED TO
COMPANY PURSUANT TO THIS AGREEMENT, THE COMPANY AGREES TO RELEASE, DEFEND,
INDEMNIFY AND HOLD HARMLESS THE LICENSOR, ITS CORPORATE AUTHORITIES, OFFICERS,
AGENTS AND EMPLOYEES (EACH AN "INDEMNITEE") FROM AND AGAINST ANY AND ALL
DAMAGES FOR PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, SUITS,
ACTIONS, JUDGMENTS, LIABILITIES, PENALTIES, FINES, EXPENSES, FEES AND COSTS (INCLUDING
REASONABLE ATTORNEY'S FEES AND OTHER COSTS OF DEFENSE), AND DAMAGES (TOGETHER,
"DAMAGES") ARISING OUT OF OR IN CONNECTION WITH: (A) COMPANY'S PERFORMANCE OF THIS
AGREEMENT; (B) THE USE OF THE LICENSOR RIGHTS-OF- WAY AND LICENSOR FACILITIES BY
COMPANY, ITS OFFICERS, EMPLOYEES,           REPRESENTATIVES, AGENTS,     CONTRACTORS,
SUBCONTRACTORS, ASSOCIATES, OR INVITEES, OR ANY PERSON FOR WHOM COMPANY IS
LEGALLY LIABLE ("COMPANY PARTIES") IN CONNECTION WITH THIS AGREEMENT; (C) THE

LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES                  3
Dallas County Constable's Office: Precinct 3 - 1411 W. Beltline Road, Richardson, Texas 75080
         6.1.    Sovereign Immunitv. This Agreement is expressly made subject to LICENSOR's Sovereign
 Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state laws.
 The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver
 of any immunities from suit or from liability that the LICENSOR has by operation of law. Nothing in this
 Agreement is intended to benefit any third party beneficiary.

         6.2.     Insuranc~

A.       Without limiting any of the other obligations or liabilities of the Company and each of its subcontractors,
         Company agrees that it will have and maintain, and will require its subcontractors to have and maintain, at
         own expense, in full force and effect minimum insurance for themselves, including their officers,
         employees, agents, representatives, volunteers and subcontractors (collectively, "Company") with
         companies approved by the State of Texas and satisfactory to LICENSOR

B.       As a condition precedent to commencement of any work, within ten (10) calendar days after the Effective
         Date of this Agreement, Company shall furnish to the Dallas County Director of Purchasing (at the same
         address given below under this Insurance heading) the following minimum insurance coverage that show
         the LICENSOR as the certificate holder and covers the period of the Term of this Agreement and any
         renewals:

         1)      Statutory Workers' Compensation Insurance

                 a)




                                                                                      In the event that any work is
                          subcontracted, Company shall require the subcontractors to similarly provide Workers'
                          Compensation Insurance for all of the subcontractors' employees, unless such employees
                          are afforded protection by the Company. Company shall bear the burden of all workers'
                          compensation coverage for all of its subcontractors and subcontractors' employees who
                          do not have workers' compensation coverage. Company also represents that the
                          coverage will be based on proper reporting of classification codes and payroll amounts,
                          and that all coverage agreements will be filed with an appropriate insurance carrier, or in
                          the case of self insurance, with the Texas Department of Insurance: Workers'
                          Compensation Division.       Providing false or misleading information may subject
                          Company to administrative penalties, criminal penalties, civil penalties or other civil
                          actions.

                                                                       Limits of Liabilitv
                          Workers' Compensation                        Statutory
                          Employer's Liability
                                  Bodily injury by Accident            $500,000.00 Each Accident
                                  Bodily injury by Disease             $500,000.00 Each Employee
                                  Bodily injury by Disease             $500,000.00 Policy Limit

                 b)       To the extent that TWCC Rule 110.110 and Texas Labor Code, including Texas Labor
                          Code Section 406.096, are applicable to this License Agreement, Company (Contractor)
                          acknowledges the following:

                         Definitions. Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
                         certificate of authority to self-insure issued by the commission, or a coverage agreement
                         (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'

LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES                  5
Dallas County Constable's Office: Precinct 3 - 1411 W. Beltline Road, Richardson, Texas 75080
                         i.       provide coverage, based on proper reporting of classification codes and payroll
                                  amounts and filing of any coverage agreements, which meets the statutory
                                  requirements of Texas Labor Code, Section 401.011(44) for all of its employees
                                  providing services on the project, for the duration of the project;

                        ii.       provide to the Contractor, prior to that person beginning work on the project, a
                                  certificate of coverage showing that coverage is being provided for all employees of
                                  the person providing services on the project, for the duration of the project;

                       tu.        provide the Contractor, prior to the end of the coverage period, a new certificate of
                                  coverage showing extension of coverage, if the coverage period shown on the current
                                  certificate of coverage ends during the duration of the project;

                       iv.        obtain from each other person with whom it contracts, and provide to the Contractor:

                                  (a) a certificate of coverage, prior to the other person beginning work on the project;
                                      and

                                  (b) a new certificate of coverage showing extension of coverage, prior to the end of
                                      the coverage period, if the coverage period shown on the current certificate of
                                      coverage ends during the duration of the proj ect;

                        v.       retain all required certificates of coverage on file for the duration of the project and
                                 for one year thereafter;

                       vi.       notify the governmental entity in writing by certified mail or personal delivery,
                                 within 10 days after the person knew or should have known, of any change that
                                 materially affects the provision of coverage of any person providing services on the
                                 project; and

                      vii.       contractually require each person with whom it contracts, to perform as required by
                                 paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
                                 whom they are providing services.

                k)           By signing this contract or providing or causing to be provided a certificate of coverage,
                             the Contractor is representing to the governmental entity that all employees of the
                             Contractor who will provide services on the project will be covered by workers'
                             compensation coverage for the duration of the project, that the coverage will be based on
                             proper reporting of classification codes and payroll amounts, and that all coverage
                             agreements will be filed with the appropriate insurance carrier or, in the case of a self-
                             insured, with the commission's Division of Self-Insurance Regulation. Providing false or
                             misleading information may subject the Contractor to administrative penalties, criminal
                             penalties, civil penalties, or other civil actions.

                1)           The Contractor's failure to comply with any of these provisions is a breach of contract by
                             the Contractor which entitles the governmental entity to declare the contract void if the
                             Contractor does not remedy the breach within ten days after receipt of notice of breach
                             from the governmental entity.

        2)                                                                                                Company
                shall maintain Commercial General Liability Insurance coverage for the following; (a) Premises
                Operations; (b) Independent contractors or consultants; (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 a limit not less than
                Five Hundred Thousand and 00/1 00 ($500,000.00) for bodily injury, property damage, and
                blanket contractual coverage per occurrence with a general aggregate of One Million and 00/1 00
                Dollars ($1,000,000.00) and products and completed operations aggregate of One Million and
LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES                     7
Dallas County Constable's Office: Precinct 3 - 1411 W. Beltline Road, Richardson, Texas 75080
 G.      All insurance coverage shall be on a per occurrence basis or a per claim basis if Company provides for five
         (5) year tail coverage, unless specifically approved in writing and executed by the LICENSOR's Director
         of Purchasing and Risk Manager.

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

1.      Minimum insurance is a condition precedent to any work performed under this Agreement and for the
        entire Term of this Agreement, including any renewals or extensions. In addition to any and all other
        remedies LICENSOR may have upon Company'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, LICENSOR shall have the right to:

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

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

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

                 a)       termination of this Agreement;

                 b)       demand on any bond, as applicable;

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

                 d)       any combination of the above;

        4)       Any combination of the above.

J.      Approval, disapproval or failure to act by the LICENSOR regarding any insurance supplied by Company
        shall not relieve Company 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
        Company from liability.

K.      Acceptance of the services, or failure to act by LICENSOR shall not constitute nor be deemed a release of
        the responsibility and liability of Company, 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 LICENSOR for any defect in the services performed by Company, its
        employees, subcontractors, and agents.

1.      Nothing herein contained shall be construed as limiting in any way the extent to which Company may be
        held responsible for payments of damages to persons or property resulting from Company'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.



LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES                9
Dallas County Constable's Office: Precinct 3 - 1411 W. Beltline Road, Richardson, Texas 75080
          6.6.    Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly
 conferred upon a Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby or
 by law on such Party, and the exercise of anyone remedy shall not preclude the exercise of any other.

          6.7.     Independent Contractor. Company, including his agent or employee, is an independent
 Company and not an agent, servant, joint enterpriser, joint venturer or employee of the LICENSOR, and is
 responsible for his own acts, forbearance, negligence and deeds, and for those of his agents or employees in
 conjunction with the performance of work covered under this Agreement.

          6.8.      Governing Law and Venue. Should any action be brought in connection with this Agreement,
 exclusive venue shall lie in Dallas County, Texas, and this Agreement shall be construed, and the legal relations
 between the Parties determined, in accordance with the laws of the State of Texas, without regard to the conflicts of
 laws principles or rules thereof.

           6.9.      Compliance with Laws. In providing services required by this Agreement, Company 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.

         IN WITNESS WHEREOF, Company and LICENSOR have caused this Agreement to be signed by their
respective officers thereunto duly authorized in each case as of the date written.


MESH~~

    ///71--J~_
ByL)'a~d
~ Chairman and Chief Executive Officer

Date:                                                     _



                                                                      Recommended:


                                                                      By: -l,.,...LU..~~=::!::::::..:...l,,---.--------

                                                                                Director Communications & Central



                                                                      * Approved as to Form:

                                                                     By:              ~




                                                                               Bob
                                                                               Chief, Civil Division
                                                                               Assistant District Attorney

*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        perspective of our client. Our approval of this document was offered          for the benefit of our client. Other
parties should not rely on this approval, and should seek review and approval by their own respective




LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES                             ]]
Dallas County Constable's Office: Precinct 3 - 1411 W. Beltline Road, Richardson, Texas 75080
                                               Exhibit B
                            WORK PLAN FOR ACCESS POINT INSTALLATION


 DATE:                       _


 A. LICENSOR LOCATION(S) where Access Point Installation Requested:

         Name of Location                                        Address

 1.

 2.

 3.


 B. DESCRIPTION OF INSTALLATION:




C. SUB-CONTRACTOR DETAILS:

Installation Subcontractor Name(s):




D. OTHER NOTES & COMMENTS

Photos Attached:     y      N

Other Notes:




EXHIBIT B:   WORKPLAN FOR ACCESS POINT INSTALLATION
LICENSE AGREEMENT BY DALLAS COUNTY, TEXAS TO MESHLINX, INC. FOR SPECIFIC USE OF CERTAIN FACILITIES
Dallas County Constable's Office: Precinct 3 1411 W, Beltline Road, Richardson, Texas 75080
                                            COURT ORDER

ORDER NO.       2008 0112
DATE:      January 15, 2008

STA TE OF TEXAS                  §

COUNTY OF DALLAS                 §


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

    15th                   _ _ _ _-::..:.==-'--                                                                                  '   2008, on motion made by

      John Wiley Price, Commissioner of District No. 3
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and seconded by

  Kenneth A. Mayfield, Commissioner of District No. ~the following Order was adopted:

WHEREAS,        the Commissioners Court was briefed on January 15,2008, concerning the necessity of a Personal
                Services Contract with Adea Solutions for the services of Serge Klokov; and

WHEREAS,        Serge Klokov will develop and support applications for the County criminal justice systems; and

\VHEREAS,       the Office of Information Technology Department has requested approval for an extension to the
                contracts with Adea Solutions for the period of January 15,2008 through June 30, 2008; and

\VHEREAS,       the total cost is not to exceed $40,000 is available from the Major Technology Fund, Unallocated
                Reserves.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court
authorizes and approves the extension of the Personal Services contract for Serge Klokov, for a total cost not to
exceed $40,000 and authorizes the County Judge to sign the contract on behalf of Dallas County.
                                      15th
                                     _ _ _ _ day Of                                                I--                           '~


                                                                                                                                     -----------
                                                                                                                                       Mike Cantrell

                                                                                                                   ,......-~-H-#'c-j0fJ"mmissf)l'trict 2
                                                                                                                                             -'

                                                                                                                                          ~'

                               Recommended by:     -.....::....J....L:...-!.:::-.::::::...r:::::L..£,,-4-   ~=--....£:::::::...=::~~
         calendar month.

 B.     Each statement shall be in a form acceptable to the Dallas County Auditor, and shall include
        details of the services rendered as may be requested by the Auditor for verification
        purposes. The statement shall, at a minimum, include a description of the services, the
        day(s) and the amount of time during the day(s) that Contractor performed the services, and
        the total amount billed for services rendered.

 C.     After receipt of the statement, the CIO shall review the statement and approve it with any
        modifications deemed appropriate and thereafter forward the statement with any
        modifications to the County Auditor for payment. Contractor shall hold harmless and
        indemnify the County for any discrepancy between the amount submitted for payment
        and the actual payment finally approved by the CIO.

 D.     Upon receipt of statement, County agrees to compensate Contractor from the Major
        Technology Fund within thirty (30) business days at a pro-rated value of Thirty-Seven Dollars
        and 00/100 ($37.00) per hour for such services. County will make payment to Contractor
        upon receipt of a verified and proper billing for services actually rendered. Any payments by
        County to Contractor may be withheld if the Contractor fails to comply with County's contract
        provisions, deliverables, or other requirements relating to Contractor's performance of work
        and services under this Contract. County shall pay Contractor only for those costs that are
        allowable under applicable laws, including, without limitation, the federal rules, regulations,
        cost principles, and those stated in this Contract. County shall have the right to withhold all
        or part of any payments to the Contractor to offset any payment or reimbursement made to
        Contractor for ineligible expenditures, undocumented units of service billed, and any profit
        made from the program by Contractor.

 E.     Not to Exceed Amount. The maximum amount to be paid under this Contract is Forty
        Thousand and 00/100 Dollars ($40,000.00).

F.      Contractor agrees that a temporary delay in making payments due to the County's
        accounting and disbursement procedures shall not place the County in default of this
        Contract and shall not render the County liable for interest or penalties, provided such delay
        shall not exceed thirty (30) calendar days after its due date. Any payment not made within
        thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251
        of the Texas Government Code.

G.     Prior Debts. County shall not be liable for costs incurred or performances rendered by
       Contractor before or after the Contract Term; for expenses not billed to County within the
       applicable time frames set forth in this Contract; or for any payment for services or activities
       not provided pursuant to the terms of this Contract.

5. REPORTING AND ACCOUNTABILITY

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

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

C.     Should County determine it reasonably necessary, Contractor shall make all of his records
       and books reasonably related to this Contract available to authorized County personnel, at


PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS                                    2
FOR THE SERVICES OF SERGE KLOKOV -- 2008
 County free and harmless from any and all claims, liabilities, losses, damages, costs and
 expenses arising from or with respect to any acts of Contractor or its agents which give rise
 to claims that such acts were committed by or on behalf of Dallas County, or by or on behalf
 of Contractor acting in the role of Contractor or otherwise.

 Approval and acceptance of Contractor's services by County shall not constitute nor be
 deemed a release of the responsibility and liability of Contractor, his subcontractors,
 employees, officers, agents, invitees, licensees or assigns forthe 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 Contractor, his subcontractors, employees, officers, agents, invitees, licensees or
 assigns in this regard. Contractor shall defend, hold harmless and indemnify the County for
 damages resulting from such defects, errors or omissions.

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

 7. INSURANCE

 A.     Without limiting any of the other obligations or liabilities of the Contractor and each of its
        subcontractors, Contractor agrees that it will have and maintain, and will require its
        subcontractors to have and maintain, at own expense, in full force and effect minimum
        insurance for themselves, including their officers, employees, agents, representatives,
        volunteers and subcontractors (collectively, "Contractor") with companies approved by the
        State of Texas and satisfactory to County

 B.     As a condition precedent to commencement of any work, within ten (10) calendar days after
        the Effective Date of this Contract, Contractor shall furnish to the Oaf/as County Director of
        Purchasing (at the same address given below under this Insurance heading) the following
        minimum insurance coverage that show the County as the certificate holder and covers the
        period of the Term of this Contract and any renewals:

        1)      Statutory Workers' Compensation Insurance that meets the requirements of the
                Texas Workers' Compensation Act, Title 5, Subtitle A of the Texas Labor Code, or, if
                self-insured, then Contractor must provide to County evidence of a certificate issued
                by the Workers' Compensation Commission approving such self-insurance. J1
                Contractor has no employee (as defined by the Texas Workers' Compensation Act),
               Contractor shall provide County with a sworn Affidavit in lieu of a Certificate of
               Insurance. which Affidavit shall be attached and incorporated into this Contract by
               reference for all purposes. and which shall state that there is no employee. In the
               event that any work is subcontracted, Contractor shall require the subcontractors to
               similarly provide Workers' Compensation Insurance for all of the subcontractors'
               employees, unless such employees are afforded protection by the Contractor.
               Contractor shall bear the burden of all workers' compensation coverage for all of its
               subcontractors and subcontractors' employees who do not have workers'
               compensation coverage. Contractor also represents that the coverage will be based
               on proper reporting of classification codes and payroll amounts, and that all
               coverage agreements will be filed with an appropriate insurance carrier, or in the
               case of self insurance, with the Texas Workers' Compensation Commission.
               Providing false or misleading information may subject Contractor to administrative


PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS
FOR THE SERVICES OF SERGE KLOKOV -- 2008
                                                                                                   4
         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
                                                    th
                                 Records Building, 6 Floor
                                 509 Main Street, Room 623
                                 Dallas, Texas 75202-5799

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

 D.     Contractor shall be solely responsible for all cost of any insurance as required here, any and
        all deductible or self-insured 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 Contractor's insurance covers all
        cost and expense so that the County, including its elected officials, officers, employees,
        volunteers, agents and representatives will not sustain any expense, cost, liability or financial
        risk as a result of the performance of services under this Contract.

 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 Contractor under
        this Contract, together with satisfactory evidence of the payment of the premium thereof,
        shall be delivered to the Dallas County Director of Purchasing located at the Dallas County
        Records Building, 509 Main Street, 6th Floor, Dallas, Texas 75202 within ten (10) calendar
        days of execution and/or renewal of this Contract 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 Contract
        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 Contractor
        provides for five (5) 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 Contractor and/or subcontractors underthis Contract
       shall be acceptable to the County in form and content, in its sole 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 by County
       shall not relieve or decrease the liability of the Contractor.

I.     Minimum insurance is a condition precedent to any work performed under this Contract and
       for the entire Term of this Contract, including any renewals or extensions. In addition to any
       and all other remedies County may have upon Contractor'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:



PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS
FOR THE SERVICES OF SERGE KLOKOV - 2008
                                                                                                      6
         insurance lapse or the date the Contract has ended, whichever is later, to cover the County's
         potential exposure to liability during the period of the insurance lapse.

          In the event that the Contractor does not maintain insurance as required by the Contract, the
          Contractor shall immediately cure such lapse at the Contractor's sole cost and expense, and
          pay the County in full for all costs and expenses incurred by the County under the Contract
          as a result of the Contractor's failure to maintain insurance, including, but not limited to, any
         and all costs and reasonable attorney's fees relating to the County's efforts to cure such
         lapse in insurance coverage. Such costs and attorney's fees, which shall not exceed One
         Thousand Five Hundred and 00/100 Dollars ($1500.00), shall be automatically deducted
         from monies owed to the Contractor by the County under the Contract. If the monies owed
         to the Contractor under the Contract are less than the amount required to cure the lapse in
         coverage, the Contractor shall pay such monies to the County upon written demand.
         Moreover, upon any lapse of the required insurance by the Contractor, the County shall
         immediately retain five percent (5 % ) of the total value of the Contract to cover the County's
         potential exposure to liability during the period of such insurance lapse. The five percent
         (5%) retainage shall be immediately deducted from any monies due to the Contractor by the
         County under the Contract and held by the County for a period of six (6) months from the
        date of the cure of the insurance lapse or a period of six (6) months from the date the
        Contract has terminated, expired, or otherwise ended, whichever is later. If no claims is
        received by or lawsuits filed against the County for any applicable matters, accidents or
        injuries that occurred during the lapse of insurance, the retainage shall be promptly returned
        to the Contractor upon written request. Notwithstanding the foregoing,. in the event a claim is
        received by or lawsuit is filed against the County for applicable matters, accidents, or injuries
        that occurred during the Contractor's insurance lapse, the County shall use the retainage to
        defend, pay costs of defense, or settle any and all such claims, lawsuits, or judgments, with
        any and all amounts in excess of the retainage to be paid by the Contractor upon written
        demand by the County.

a.EXPENSES

Unless prior written approval by County is obtained, Contractor shall be responsible for all mileage
and other expenses related to the fulfillment of the requirements of the Contract.

9. TERMINATION I SUSPENSION

A.     Suspension. Should County desire to suspend the services, but not terminate the Contract,
       County shall issue a written order to stop work. The written order shall set out the terms of
       the suspension. Contractor shall stop all services as set forth in this Contract and will cease
       to incur costs to County during the term of the suspension. Contractor 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 Contract is necessary because of a
       suspension, a mutually agreed Contract amendment will be executed in accordance with this
       Contract.

B.                    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 Contract, terminate this
       Contract, in whole or part, by giving thirty (30) calendar days prior written notice thereof to
       the other party with the understanding that all services being performed under this Contract
       shall cease upon the date specified in such notice. County shall compensate the Contractor
       in accordance with the terms of this Contract for the services performed prior to the date
       specified in such notice. In the event of cancellation, Contractor shall cease any and all


PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS
FOR THE SERVICES OF SERGE KLOKOV -- 2008
                                                                                                        8
                         appointment of a receiver or similar officer for him, has a receiver of his
                         assets or property appointed or makes an assignment for the benefit of all or
                         substantially all of his creditors, institutes or causes to be instituted any
                         proceeding in bankruptcy or reorganization or rearrangement of his affairs,
                         enters into an agreement for the composition, extension, or adjustment of all
                         or substantially all of his obligations, or has a material change in his key
                         employees; and/or

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

 10. NOTICE

 Any notice to be given under this Contract 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) business days subsequent to the
 date it was so delivered or mailed.

    Robert Clines, Chief Information Officer              Mark E. Wilson, Executive Vice President
    Dallas County Management Info. System                 Adea Solutions
    411 Elm Street, 3rd Floor                             7701 Las Colinas Ridge, Suite 300
    Dallas, TX 75202                                      Irving, TX 75063

 11. SEVERABILITY

If any provision of this Contract is construed to be illegal or invalid, this will not affect the legality or
validity of any of the other provisions in this Contract. The illegal or invalid provision will be deemed
stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or
invalid provisions had never been incorporated.

12. SOVEREIGN IMMUNITY

This Contract 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 laws. The parties
expressly agree that no provision of this Contract is in any way intended to constitute a
waiver of any immunities from suit or from liability that the County has by operation of law.
Nothing in this Contract is intended to benefit any third party beneficiary.

13. COMPLIANCE WITH LAWS AND VENUE

 In providing services required by this Contract, Contractor 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 Contract 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 Contract 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 Contract which are required by changes in federal or State law are

PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS                                        10
FOR THE SERVICES OF SERGE KLOKOV - 2008
 21. PREVENTION OF FRAUD AND ABUSE

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

 22. INDEPENDENT CONTRACTOR

 Contractor, including his agents or employees, is an independent contractor and not an agent,
 servant, joint enterpriser, joint venturer or employee of the County, and is responsible for his own
 acts, forbearance, negligence and deeds, and for those of his agents or employees in conjunction
 with the performance of work covered under this Contract.

 23. ASSIGNMENT

Contractor assures that he will not transfer or assign his interest in this Contract without the prior
written consent of the County. Contractor understands that in the event that all or SUbstantially all of
Contractor's assets are acquired by another entity, Contractor is still obligated to fulfill the terms and
conditions of this Contract. In the event of the assignment or sale of Contractor assets, the County,
at its option, may terminate this Contract and at no cost to the County retain the use of any of the
equipment, software and other items provided under this Contract. Contractor 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 al! source codes and at no cost perpetual license to use
all software.

24. SUBCONTRACTING

Contractor may not enter into agreements with subcontractors for delivery of the designated services
outlined in this Contract 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 the Contractor will be in writing and subject to all requirements
herein. Contractor agrees that he will solely be responsible to County for the performance of this
Contract. Contractor shall pay all subcontractors in a timely manner. County shall have the right to
prohibit Contractor from using any subcontractor.

25. CONFIDENTIAL INFORMATION AND OWNERSHIP

A.     Contractor, 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 Contract, unless authorized by law. Contractor
       agrees to safeguard and adhere to all confidentiality, privacy and security requirements
       according to this Contract and the applicable federal, State and local rules and regulations
       for all information deemed confidential.

PERSONAL SERVICES CONTRACT BEn'VEEN DALLAS COUNTY & ADEA SOLUTIONS                                    12
FOR THE SERVICES OF SERGE KLOKOV -- 2008
  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 Contract 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
        Contract, 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 Contract, unless prior written notification is given by County that such specified
        item will be released under the Public Information Act.

 H.     Confidential or Proprietary Marking. Any information or documents the Contractor uses in
        the performance of the services provided under this Contract that Contractor 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 Contractor other than in connection with providing the
        services pursuant to this Contract, disclosed sold, assigned, leased or otherwise provided to
        third parties by Contractor, or commercially exploited by or on behalf of Contractor, its
        employees, officers, agents, subcontractors, invitees, or assigns in any respect. Contractor
        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, County Contract Manager). At no cost to
        County, Contractor 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
        he may possess or control.

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

K.     Contractor Software. Contractor shall identify any Contractor Software that will be used to
       provide the services under this Contract. Without the fully informed written consent of the
       County (acting through the County Commissioners Court, County Commissioners Court
       Administrator, or County Contract Manager), Contractor shall not use in performing the
       services pursuant to this Contract any Contractor Software that is not commercially available
       to County. Contractor shall install, operate and maintain, at his own expense, any
       Contractor Software needed to provide the services pursuant to this Contract. Contractor
       hereby grants to County, its contractors and subcontractors, to the extent necessary or


PERSONAL SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS                                     14
FOR THE SERVICES OF SERGE KLOKOV - 2008
        amounts payable to Contractor for the services rendered pursuant to this Contract.
        Contractor 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 the Contractor, his employees or agents, Contractor 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 his license rights. In the event Contractor, 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 Contract; and (2) any rights of copyright to which the Contractor, or his
        subcontractors, purchases ownership under this Contract.

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

 26. ASSURANCES

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

C.       No-Discrimination. This Contract 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 Contractor nor his 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 Contractor 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 Contract. Contractor agrees to
        comply, and to cause his 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 Contract.

D.     Contractor, by acceptance of funds provided under this Contract, agrees and ensures that
       personnel paid from these funds are duly licensed and/or qualified to perform the required
       services. Contractor 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 Contract.

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



PERSONI>,L SERVICES CONTRACT BETWEEN DALLAS COUNTY & ADEA SOLUTIONS                                          16
FOR THE SERVICES OF SERGE KLOKOV -- 2008
          pending or threatened, which will have a material adverse effect of Contractor's ability to
          fulfill the obligations under this Contract.

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

 C.        Professional Quality. Contractor warrants to County that all materials and services will be of
           professional quality conforming to generally accepted practices, and that all services
           provided under this Contract will be performed in a manner consistent with that degree of
           care, qualification and skill ordinarily exercised by members of the same profession currently
          practicing under similar circumstances. If there are no applicable or recognized professional
          standards in the applicable area or areas of expertise required to perform such services,
          then Contractor will perform all services in a good and professional manner that meets
          County's goals and objectives as stated herein as well as otherwise adds value to and/or
          improves the performance of County's expectations, objectives and purposes as stated in
          this Contract. Any work that is determined by County to be less than professional quality will
          be corrected without charge. This warranty extends for ninety (90) business days past
          termination or expiration of this Contract. 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.

 28. TRANSITION SERVICES REQUIRED OF CONTRACTOR

 Upon notice of termination and/or expiration of this Contract, the County shall immediately have the
 right to audit any and all records of Contractor relating to this Contract. Moreover, upon termination
and/or expiration date of this Contract, Contractor 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 Contract
and services documentation identified in a complete, neat and 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
Contract; and (iv) Downloading and removal of all County information from the Contractor's
equipment and software; and (v) Removal of Contractor services without affecting the integrity of
County's systems; and (vi) All Records and County property. This provision shall survive Contract
termination. Contractor agrees to allow County to continue to utilize all Contractor's software/third-
party software until such time as County has completed processing all citations begun within term of
Contract, or any extension thereto.

29. TAX

Dallas County, as a county of the State of Texas, is exempted from the payment of Texas state and
local sales, excise, and use taxes pursuant to Tex. Loc. Gov't Code § 151.309, and shall therefore
not be liable or responsible to the Contractor for the payment of such taxes under this Contract.

The fees paid to Contractor pursuant to this Contract are inclusive of any applicable sales, use,
personal property or other taxes attributable to periods on or after the applicable effective date of
this Contract and based upon or measured by Contractor's cost in acquiring or providing products
and/or services and related materials and supplies furnished or used by Contractor in performing his



PERSONAL SERVICES CONTRACT BETVv'EEN DALLAS COUNTY & ADEA SOLUTIONS
FOR THE SERYICES OF SERGE KLOKOV -- 2008
                                                                                                         18
                                                       COURT ORDER

ORDER NO.             2008        011~1
                                      _

DATE: JANUARY 15, 2008

STATE OF TEXAS                    §

COUNTY OF DALLAS                  §

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

the          15th          day of                 January               ,2008, on motion made by
          John Wiley Price, Commissioner of District No. 3
      Kenneth A. Mayfield, Commissioner of District No. 4


WHEREAS, In 2002 there was a need identified for a replacement of the Jury Management software that is
         hosted on the Dallas County Main Frame. As part of the 2002 budgeting process, $250,000
         was set aside in the Major Technology Fund for this purpose; and

WHEREAS, Court Order 2007-923 was approved on May 9th 2007 authorizing the negotiation of a contract
         for a Jury Management System with ACS; and

WHEREAS, the negotiated price of the ACS contract is $260,940 and the internal implementation costs for
         the jury management system are $157,580, for a total cost of $418,520; and

WHEREAS, there is a difference of $168,520 between the allocated funds and the cost of the project; and

WHEREAS, funds are available in the MTF Unallocated Reserves to be transferred to the project.

IT 15 THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court
does hereby authorize spending of the original $250,000 from 2002 and authorize the additional funding of
$168,520 to complete the implementation of the Jury Services project with funds transferred to the project
from MTF Unallocated Reserves.

                                               15th



                      r, County Judge           M                              Mike Cantrell, District #2
                                                                                                   I"""

            ~~,~
      /~/~
      (                 John WilfJi!Y Price, District #3
      \
       \\
                            /
            \~                                        Recommended by:
                 <;

                                           .: ~hf:/J~~p
                                                           1
                                                                                            ~
                                                                                             "'
                                                                                          iJ4
                                                                                                       f_   ,~




                                              COURT ORDER                                   ,~"""\""

                                                                                           ;-\

                         2008
DATE: JANUARY 15, 2008



 STATE OF TEXAS                     §

COUNTY OF DALLAS                    §


BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas held on
the               15th     day of        J_a_n_u_a_ry-"-                 , 2008 on a motion made by
          John Wiley Price, Commissioner of District No. 3<'"                       , and seconded by
         Kenneth A. Mayfield, Commissioner of District N o . 4 , the following Order was adopted.


WHEREAS, the State Property Tax Code, Sec. 31.11, states that a refund for an overpayment or
         erroneous payment for an amount exceeding $2500 is to be approved by the Commissioners
         Court of Dallas County; and

WHEREAS, the Tax Assessor/Collector has attached a list for which request for refunds exceeding
         $2500 have been received and has determined that these tax payments were erroneous or
                 , and

WHEREAS, the Dallas County Auditor's Office has agreed that the tax payments on the attached list are
         erroneous or excessive and should be refunded to the taxpayers; and

WHEREAS, the Dallas County Tax            Collector has complied with the              of the State
         Property Tax Code, Sec. 31.11. It is the desire of the Commissioners Court to approve the
         attached list of erroneous or excessive tax payments for refund.

NOW THEREFORE BE IT ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners
Court that the list of tax payments attached for the period ending                             is hereby
         for refund.
r)r\YVr/,H"",-j




DONE IN OPEN COURT, this the               -
                                        15th -                 January




Recommended by:
                                                COURT ORDER
ORDER NO.     2008 0,115
DATE: JANUARY 15, 2008

STATE OF TEXAS           §

COUNTY OF DALLAS           §

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

 15th    day of   Janury        , 2008, on motion made by John Wiley Price, Commissioner of Dist. 3 ,

and seconded by Kenneth A. Mayfield, Commissioner of Dist. 114                 ,the following Order was adopted:

WHEREAS,      the Memorandum of Agreement with Dallas Metrocare Services, was briefed in Commissioners
              Court on January 8, 2008; and

WHEREAS,      this agreement will provide mental health services as part of Dallas County's public health
              preparedness response plan; and

WHEREAS,      these services include professional, therapeutic, mental health assessment, psycho-social
              education, intervention, debriefing, stress management, counseling, emotional/spiritual guidance,
              and crisis response services as needed to victims of critical incidence by qualified professionals and
              staff members; and

WHEREAS,      recommendations included in this briefing are consistent with the Dallas County Strategic Plan,
              Vision 2: Dallas County is a healthy community. The Dallas Metrocare Services Agreement is
              included under the strategy for the provision of supporting a regional indigent medical and mental
              healthcare network; and

WHEREAS,      the term of this attachment is January 8,2008 through January 7,2009.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does
hereby approve the Memorandum of Agreement with Dallas Metrocare Services, and authorizes the County Judge
to sign the contract on behalf of Dallas County.

                                _ _ _15th _ _day of_-+-
                                     __                                           ~-.",
       2. Coordinate scheduling of all services with DMS staff;

       3. Provide DMS with available clinical office space as well as access to any available
          equipment necessary to complete the services under this Agreement;

       4. Share any relevant information, to the extent permitted by laws, and cooperate with
          DMS to assist DMS in carrying out the services under this Agreement in the most
          efficient and effective manner;

2. TERM

Unless otherwise stated, this Agreement is effective from January 8, 2008 through January 7,
2009.

3. TERMINi\TION:

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

   B) With Cause: Either party may terminate the Agreement immediately, in whole or in part,
      at its sale discretion, by written notice to the other party, for the following reasons:

      1. Lack of, or reduction in, funding or resources;

      2. Non-performance;

      3. The improper, misuse or inept use of funds or resources directly related to this
         Agreement;

      4. The submission of data, statements and/or reports that is .....   L ...   -''U"-'-'._........   incomplete and/or
         false in any way.

4. LIl\1ITATIONS OF AUTHORITY:

               Party has authority for or on behalf of the             ",,,,,,",,,,,,IJ"           as provided in this
                      other authority 9                 use or                                            or implied.




  RESPONSIBILITY IINDEf,,1NIFIC",.\TION
law or otherwise.      Nothing in this Agreement is intended to benefit any third party
beneficiary.

9. COMPLIANCE WITH LA\VS AND VENlJE

In providing services required by this Agreement, DMS and County 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. Texas law shall govern this Agreement and exclusive venue shall lie in Dallas
County, Texas.

10. 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.

11. ENTIRE AGREEMENT

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

12. BINDING EFFECT

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

13. GOVERNMENT FUNDED PROJECT

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

14~




                                               4
construed as establishing a master/servant, employer/employee, partnership, joint venture, or
joint enterprise relationship between County and DMS. DMS and County are responsible for
their own acts, forbearance, negligence and deeds, and for those of their respective officials,
agents or employees in conjunction with the performance of work covered under this Agreement.

 19. 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
given effect as if the illegal or invalid provisions had never been incorporated.

20. SIGNATORY WARRANTY

Each person signing and executing this Agreement does hereby warrant and represent that such
person has been duly authorized to execute this Agreement on behalf of DMS or County, as the
case may be.


                                              15th                                           2008

                                                                  DMS:


           lFoster                                                By:    James Baker, ~y1D
         Dallas County Judge                                             CEO


Recommended:



        Director, DCHHS


Approved as to Form*:



        Chief, Civil Division
         ""J"''''"'I..'~U. District

           the District             Office        advise or approve contracts or     documents     behalf of its
clients, It may not advise or approve a contract or      document on behalf of other          Om review of this
document was conducted            from the               of our client Our         of this document was offered
        for the benefit of our client Other                        on this         and should       review and
           their own '""""'...."""'1·."'"   "'ffr1,rn,:>""i




                                                              6
                                                COURT ORDER
ORDER NO.     2008 0116
DATE: JANUARY 15, 2008

STATE OF TEXAS           §

COUNTY OF DALLAS         §

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

   15th day of    January      ,2008, on motion made by        John Wiley Price, Comm of Dist. 113

                       Kenneth A. Mayfield, Comm of Dist. #4

WHEREAS,      the Department of State Health Services (DSHS) Document#2008-025324-001, Hansen's Disease,
              was briefed in Commissioners Court on January 8, 2008; and

WHEREAS,      this attachment partially funds one (1) full-time position; and

WHEREAS,      Document #2008-025324-001 provides $41,906 for salaries and fringes, $1,100 for travel, $4,214
             for supplies, $8,818 for contractual to include lab testing with LabCorp, physician services with the
             University of Texas Southwestern, and interpretation services, and $7,253 for indirect. A
             discretionary County match in the amount of $24,643 is needed to supplement the salaries and
             fringes provided by DSHS; and

WHEREAS,     recommendations included in this briefing are consistent with the Dallas County Strategic Plan,
             Vision 2: Dallas County is a healthy community. The Hansen's Disease contract with DSHS is
             included under the strategy for the provision of providing disease prevention, health promotion and
             human service programs to County residents; and

WHEREAS,     the term of this attachment is January 1, 2008 through December 31, 2008.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does
hereby approve the Department of State Health Services Document #2008-025324-001, Hansen's Disease, and
authorizes the County Judge to sign the contract on behalf of Dallas County.

DONE IN OPEN COURT this the          15th       _                  January
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.

8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:

          Name:    DALLAS COUNTY
          Address: 407 RECORDS BLDG.
                   DALLAS, TX 75202
          Vendor Identification Number: 17560009056005

9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.

By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.



DEPARTMENT OF STATE HEALTH SERVICES             DALLAS COUNTY HEALTH AND HUMAN
                                                SERVICES DEPARTMENT



Signature of Authorized Official
                                                By:    ~-L.
                                                Signft{ure·
                                                              0- ;g~-c"-,,f7

                                                       /-,«:
Date                                            Date

Bob Burnette, C.P.M., CTPM                                               Director
                                                Printed Name and Title
                                                 2377 N. Stemrnons Frwy., Ste. 600
Director, Client Services Contracting Unit
                                                Address

1100 WEST 49TH STREET
AUSTIN, TEXAS 78756                             City, State, Zip

(512) 458-7470
                                                Telephone Number

Bob.Bumette@dshs.state.tx.us


                                                                                            to s i    )

92648-]                                                 Foster, County
             packaged and mailed using standard procedures outlined in the Hansen's Disease
             Standards of Care in the United States:
          k. Evaluate and diagnose HD, and classify disease according to Hansen's Disease
             Standards of Care in the United States; and
          1. Prescribe and provide state-purchased medications for the treatment of HD and
             conditions associated with the disease. Contractor must ensure that clients receive
             appropriate medication, regardless of the client's ability to pay.

   3.     Case Management
          a. Fulfill all reporting requirements established by DSHS' Hansen's Disease Program,
             including complete and accurate submission ofForms C-12 and HD-400 within fourteen
             (14) days of notification of disease or suspicion of disease to the DSHS Hansen's
             Program.                  The       forms        can       be       accessed        at:
             http://www.dshs.state.tx.uslidcu/diseaselhansens/forms
          b. Document all activities performed in the client assessment, case management and
             coordination ofHD services on the HD 400 form (or other form as directed by DSHS)
             and submit within 14 days to the HD Program at DSHS Central Office; Conduct contact
             surveillance and examinations;
          c. Conduct HD monitoring visits in the clinic (or home, as needed) to assess therapeutic
             response and environmental barriers to care;
          d. Perform toxicity checks before: initiation of chemotherapy; and quarterly for clients
             receiving mult-idrug therapy that includes Rifampin. Assess for contraindications to
             each medication and adjust treatment regimen as medically indicated;
          e. Conduct hand and foot screens at the minimum intervals specified in the current
             Hansen's Disease Standards of Care in the United States and when symptoms of nerve
             or sensory damage are detected;
          f. Make referrals for hand and foot rehabilitation as medically appropriate;
          g. Make referrals for medical, social, and/or psychological assistance needed by client;
          h. Make appropriate referrals for medical care for conditions other than HD that may be
             identified in the client assessment and diagnosis process;
          1. Monitor client status after the completion of active treatment for the period of time
             specified in the current Hansen's Disease Standards of Care in the United States;
          J. Provide transportation to and from HD medical and nursing appointments, if needed;
          k. Coordinate HD services with private providers of HD clients;
          1. Conduct intensive and continuing education to client and family about the disease
             process, appropriate treatment, medications, symptoms to report to the physician, skin,
             hand and foot care and other self-care for successful treatment and prevention of
             disability;
          m. and
          n. Monitor client's adherence to treatment/plan of care, and respond immediately and
             appropriately to non-adherence.


Contractor shall comply with all applicable federal and state statutes and regulations, standards,
policies, and guidelines, including, but not limited to, the following:



                           PROGRAM ATTACHMENT - Page 2
SECTION V. PAYMENT METHOD:

Cost Reimbursement

SECTION VI. BILLING INSTRUCTIONS:

Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
acceptable supporting documentation for reimbursement of the required services/deliverables.
Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the
addresses/number below.

Claims Processing Unit, MC 1940
Department of State Health Services
1100 West 49 th Street
PO Box 149347
Austin, TX 78714-9347

The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing
Unit is (512) 458-7442. The email addressisinvoices<a?dshs.state.tx.us.

SECTION VII BUDGET:

SOURCE OF FlJNDS: CFDA #93.215

SECTION VIII. SPECLt\L PROVISIONS:

None




                            PROGRAM ATTACHMENT              Page 4
                                           EXffiBIT A
                               FY2008 HANSENS Disease Program
                              Quarterly Report of HD Related Activities

                                                           HD
Agency:                                           Nurse/Coordinator:

1.   Report Period:
     Quarter:                                         Jul - Sep
                      - - - Jan - Mar                                     Year:
                                                                                  -----
                              Apr - Jun               Oct - Dec

2.   Number of New Cases Diagnosed:
     Type:            Lepromatous                       Borderline/Lepromatous
                      Borderline                        Borderline/Tuberculoid
                      Tuberculoid                       Indeterminate

3.   Number of Examinations Performed:
     Cases:        # of Un duplicated Count of        Contacts:
                                                                  - - - # Household Contacts
                       Patients Seen at the Clinic
                                                                  - - - # Cases Identified by Contact
                   # Examined by MD                                          Evaluation
                   # Total Exams by MD
                   # Nurse Home Visits
                   # Nurse Clinic Visits

4.   Number on Treatment:
     Cases:          # Starting on Short-Term Therapy                # Cases Lost to Follow-Up
                     # Completing Short-Term Therapy                 # Lost Cases Returning for Service
             ---
                     # On Treatment for Reaction
                 ---
5. Number of HD Services Performed:
     Diagnostic:          # Punch Biopsies           Hand            # Hand Screens at Diagnosis
                          # Slit Skin Smears         Screens:        # Annual Hand Screens
                   ---
                                                                     # Patients in Reaction
     Monitors:
                   - - - # Eye, Hand, Foot                           # Patients with Increase in Symptoms
                                                                     # Patients with Acute Nerves

                                                     Foot            # Foot Screens at Diagnostic
                                                     Screens:        # Annual Foot Screens
                                                                     # Patients in Reaction
                                                                     # Patients with Increase in Symptoms
                                                                     # Patients with Acute Nerves

6.   Number Referred for Service:
     Ancillary:       ENT                                            Orthopedist
                      Hematologist                                   Orthotist
                      Neurologist                                    Physical Therapist
                      Nephrologist                                   Podiatrist
                      Occupational Therapist                         Summit Hospital
                      Ophthalmologist




                                    Quarterly Report - Page 1
       b. Enter the number of cases completing short-term therapy. (NOTE: short-term
          therapy = twelve (12) months for paucibacil1ary and two (2) years for
          multibacillary);
       c. Enter the number of cases on treatment for reaction;
       d. Enter the number of cases lost to follow up and dispositioned as lost;
       e. Enter the number of cases that were found or returned for treatment after being
          lost to service.

5. Number of HD Services Performed:
     a. Enter the number of diagnostic procedures (punch biopsies and slit skin smears)
        performed;
     b. Enter the number of eye, hand and foot monitors done (this testing should be done
        at every encounter);
     c. Enter the number of hand and foot screens done (this testing should be done a
        minimum of once a year while on therapy and then annually for the next five (5)
        years post-therapy in paucibacillary and ten (l0) years post-therapy for
        multibacillary, or more often in special circumstances such as: (l) muscle
        weakness, (2) loss of sensation or function since the last screening, (3) evidence
        of nerve involvement, or (4) during treatment for reaction.

6. Number Referred for Service:
     a. Enter the number of cases referred for ancillary services by type;
     b. Enter the number of cases referred for hospitalization;
     d. Enter the number of appliances requested/fitted;
     e. Enter the number of other referrals, including social service referrals

7. Number Language Services:
     a. Enter the number of clients receiving language services;
     b. Enter the number of hours of language services that were provided in-person by
        staff and/or performed by subcontractors;
     c. Enter the number of hours of language services that were provided over the phone
        by staff and/or by subcontractors; and
     d. Place a (v") check by the languages that were requested. If other(s) is (v")
        checked, specify the specific languages(s) requested.

8. TraininglEducation:
      a. Enter the total number of training sessions provided;
      b. Enter the total number of participants that attended the training sessions;
      c. Place a (if) check in the block by the type of target audience(s) that were served.
          If the other(s) is (if) checked, specify the particular individuals or groups that
          were served.




                               Quarterly Report - Page 3
                                               COURT ORDER
ORDER NO.    2008 0 117
DATE: JANUARY 15, 2008

STATE OF TEXAS              §

COUNTY OF DALLAS                    §

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

15th day of January        ,2008, on motion made by John Wiley Price, Commissioner of Dist. i!3 ,

and seconded by Kenneth A. Mayfield, Commissioner of Dist. #4 ,the following Order was adopted:

WHEREAS,     the Department of State Health Services (DSHS) Document, #2008-025297-001, Tuberculosis was
             briefed in Commissioners Court on January 8, 2008; and

WHEREAS,     this attachment partially funds twenty (20) full-time positions and one (1) part-time position; and

WHEREAS,     this contract provides $494,122 for salaries and fringes, $54,301 for travel, $13,089 for supplies,
             $9,000 for contractual for Clinical Radiology x-ray interpretation, indirect charges of $73,939, and
             a discretionary County match is required in the amount of $300,699; and

WHEREAS,     recommendations included in this briefing are consistent with the Dallas County Strategic Plan,
             Vision 2: Dallas County is a healthy community. The Tuberculosis contract with DSHS is included
             under the strategy for the provision of providing disease prevention, health promotion and human
             service programs to County residents; and

WHEREAS,     the term of this attachment is January 1,2008 through December 31, 2008.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does
hereby approve the Department of State Health Services Document #2008-025297-001, Tuberculosis, and
authorizes the County Judge to sign the contract and all related documents on behalf of Dallas C YJ.

DO~ IN C::EN    OU T this the                     day of_-+-_ _-=---_--:7.-c--.._y~,.-
 7. Conflicting Terms. In the event of conflicting terms among the documents forming this
 Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
 General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
 Solicitation Document, if any.

 8. Payee. The Parties agree that the following payee is entitled to recei ve payment for services
 rendered by Contractor or goods received under this Contract:

          Name:    DALLAS COUNTY
          Address: 407 RECORDS BLDG.
                   DALLAS, TX 75202
          Vendor Identification Number: 17560009056005

 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
 the Parties and that there are no agreements or understandings, written or oral, between them
 with respect to the subject matter of this Contract, other than as set forth in this Contract.

By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.



DEPARTMENT OF STATE HEALTH SERVICES              DALLAS COUNTY HEALTH AND HUMAN
                                                 SERVICES DEPARTMENT

By:                              _               By:    -;:g.~~A"E-
Signature of Authorized Official                 Sig~ture                  '

                                                        I-/s-:-o   ~
Date                                             Date

Bob Burnette, C.P.M., CTPM                        Zachary Thompson, Director
                                                 Printed Name and Title

Director, Client Services Contracting Unit       2377 N. Stemmons Frwy., Ste. 600
                                                 Address

1100 WEST 49TH STREET
                                                 Dallas, Texas         75207
AUSTIN, TEXAS 78756                             City, State, Zip

(512) 458-7470                                   214/819-2101
                                                Telephone Number

Bob.Burnette @ dshs .state. tx.us




                                                                       County Judge
92648-1
    •   Screening and Treatment for Tuberculosis in Jails and Other Correctional Facili ties,
        Health and Safety Code, Chapter 89;
    •   Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of
        Communicable Diseases; and
    •   Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H,
        Tuberculosis Screening for Jails and Other Correctional Facilities.

Contractor shall perform all activities under this Program Attachment in accordance with
Contractor's final, approved work plan (attached as Exhibit A), and detailed budget as approved by
DSHS. Contractor must receive written approval from DSHS before varying from applicable
policies, procedures, protocols, and the final approved work plan, and must update its
implementation documentation within forty-eight (48) hours of making approved changes so that
staff working on activities under this contract knows of the change(s).

DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial
shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are
below that projected in Contractor's total Program Attachment amount, as shown in SECTION VI.
BUDGET, Contractor's budget may be subject to a decrease for the remainder of the Contract term.
Vacant positions existing after ninety (90) days may result in a decrease in funds.

Because of the inherent time to complete treatment for tuberculosis disease and latent tuberculosis
infection in relation to the period of this renewal Program Attachment, required reporting under this
renewal Program Attachment will show results for work performed under previous Program
Attachments.

Contractor shall provide a complete and accurate annual narrative report, in the format provided by
DSHS, demonstrating compliance with the requirements of this renewal Program Attachment. That
report shall include, but is not limited to, a detailed analysis of performance related to the
performance measures listed below. A progress report of activities in January through December
shall also be submitted, in a format provided by DSHS. The narrative program report shall be sent to
the Department of State Health Services, Infectious Disease Intervention and Control Branch, Mail
Code 1939, PO Box 149347, Austin, Texas 78714-9347 via regular mail, fax, ore-mail. Contractor
shall maintain the documentation used to calculate performance measures as required by the General
Provisions Article VIII "Records Retention" and by the Texas Administrative Code Title 22, Part 9
Chapter 165, § 165.1 regarding the retention of medical records. Report periods and due dates are as
follows:

                PERIOD COVERED                      D1JE DATE
                January 2007 - December 2007        March 1,2008
                January 2007 - May 2008             July 1, 2008

Contractor shall send all initial reports of confirmed and suspected TB cases to DSHS within seven
(7) working days of identification or notification. Any updates to initial DSHS Report of Cases and
Patient Services Forms (TB-400) (e.g., diagnosis, medication changes, x-rays, and bacteriology) and
case closures shall be sent to DSHS at PO Box 14937, Mail Code 1939,. Austin, Texas 78714-9347.


                           PROGRAM ATIACHMENT - Page 2
      12. At least 56% of immigrants and refugees with a Class B2 notification**** to the
          Contractor's service area during 2006 will complete evaluation for LTBI or TB disease;
      13. At least 85% of immigrants and refugees with a B2 notification to the Contractor's
          service area during 2006 that are diagnosed with TB disease will complete treatment; and
      14. Number of TB cases in US-born non-Hispanic African-Americans reported in 2007.

Note: According to the U.S. Citizenship and Immigration Services (and for purposes of this
contract), an "immigrant" is a person who moves to a country where they intend to settle
permanently. An "immigrant" is an alien admitted to the United States as a lawful permanent
resident. A "refugee" is any person who is outside his or her county of nationality who is unable or
unwilling to return to that country because of persecution or a well-founded fear of persecution.
Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in
a particular social group, or political opinion.
*Excludes TB cases: 1) diagnosed at death; 2) who die during therapy; 3) who are resistant to
rifampin; 4) who have meningeal disease; and/or 5) who are younger than 15 years with either
miliary disease or a positive blood culture for TB.
**Class A notification - overseas screening indicates radiograph compatible with active TB and
sputum smear microscopy is positive for acid-fast bacilli.
***Class B 1 notification - overseas screening indicates radiograph compatible with active TB.
****Class B2 notification - overseas screening indicates radiograph compatible with inactive TB.

If the Contractor fails to meet any of the performance measures, the Contractor shall furnish in the
narrative report due March 1,2008, a written explanation including a plan (with schedule) to meet
those measures. This requirement does not excuse any violation of this Contract, nor does it limit
DSHS as to any options available under the contract regarding breach.

DSHS shall evaluate compliance with these performance measures based on: information
maintained in databases kept at the Tuberculosis Prevention and Control Program; audits and/or
inspections; scheduled program reviews; reporting requirements under this contract; and using any
other information available to DSHS.

SECTION     m. SOLICITATION DOCUMENT:
N/A

SECTION IV. RENEWALS:

DSHS may renew the Program Attachment for up to one (1) additional one-year term, at DSHS's
sole discretion.

SECTION V. PAYMENT METHOD:

Cost Reimbursement

SECTION VI. BILLING INSTRUCTIONS:



                            PROGRAM ATTACHMENT - Page 4
  th
49 Street, PO Box 149347, Austin, Texas 78714-9347. One (1) copy of each quarterly financial
status report shall be mailed to the Department of State Health Services, Attention: Infectious
Disease Intervention and Control Branch, Mail Code 1939, PO Box 149347, Austin, Texas
78714-9347. These reports shall be submitted on a quarterly basis as follows:

       PERIOD COVERED                          DUE DATE
       September, October, November            December 31, 2007
       December, January, February             March 31, 2008
       March, April, May                       June 30, 2008
       June, July, August                      November30. 2008




                      PROGRAM AITACHMENT - Page 6
                            TEXAS DEPARTMENT OF STATE HEALTH SERVICES



                              CERTIFICATION REGARDING LOBBYING

       CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE

                                                 AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief that:


          (1)   No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
                any person for influencing or attempting to influence an officer or an employee of any agency, a
                member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
                connection with the awarding of any federal contract, the making of any federal grant, the making of
                any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
                renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.


          (2)   If any funds other than federal appropriated funds have been paid or will be paid to any person for
                influencing or attempting to influence an officer or employee of any agency, a member of Congress,
                an officer or employee of Congress, or an employee of a member of Congress in connection with this
                federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit
                Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.


                The undersigned shall require that the language of this certification be included in the award
                documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
                loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.


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




                                                                        January 15 , 2008
                                                                     Date




Application or Contract Number

Dal]as County HeaJth and Hllman Services
Organization Name




                                                                         CSCU # EF29-12374 - Revised 08.10.07
       Active Surveillance:
Q      An annual hospital and private laboratory visit by a Disease Intervention
       Specialist (DIS) to meet the director and/or designee to encourage timely
       laboratory reporting of positive TB tests.
~      Laboratories identified as delinquent in reporting will be targeted to discuss non-
       compliance.
Q      Intake coordinator to attend monthly meetings of the Infection Control Nurses
       Association (leNA).
Q      Office visits by a DIS to private physicians who report and/or medically manage
       Tuberculosis in the Dallas County area.
Q      Conduct TB screening in high-risk areas identified by DIS using the STO Mobile
       Clinic.

       Passive Surveillance:
       All TB case/suspectllaboratory reports from public and private providers,
       laboratories, and the Texas Department of State Health Services, are received
       and processed by the Intake Surveillance Coordinator.

       c. Record of Outbreaks

       The TB Elimination Program will maintain a record of "outbreaks", in the Dallas
       County area by entering information into the medical record system. The
       documentation will describe the "outbreak" and outline what procedures were
       taken to manage the situation in the "progress notes" section.

5. Coordination of Services with Other Health & Human Services Providers, and
Community Programs in Service Area:

The DCHHS, TB Elimination Program, is the only public provider treating tuberculosis in
Dallas County.

COMMUNITY PROGRAMS
The TBE Program coordinates services concerning tuberculosis activities with the
following community programs:

City Health Departments                   Community Based Organizations
Garland Health Department                 Martin luther King, Jr. Family Clinic
Mesquite Health Department                Promise House
Irving Health Department                  Dallas Urban league
                                          Bryan's House
Hospitals
Parkland Health & Hospital System
Department of Veterans Affairs            Service Organizations
Presbyterian Hospital System             Jewish Family Services
UT Southwestern Medical Center           International Relocation Center
Methodist Hospital System                Texas Youth Commission
Children's Medical Center                Texas Workforce Commission
Robert H. Dedman Hospital                Dallas life Foundation
Medical City Hospital                    Bunk Haus
policy. Outreach Workers are utilized to administer DOTs, perform toxicity checks,
collect sputum specimens, and provide transportation for medical appointments. Field
Nurses (RNs and LVNs) administer DOTs to pediatric patients (less than 5 years of
age) and complicated patients requiring medications by injection.

8. Directly Observed Preventive Therapy (DOPT)
Direct Observation Preventive Therapy is applied to household/close T8 contacts less
than 6 years of age, and other contacts, as resources allow. In Dallas County, DOPT is
administered by field nurses and school nurses with the cooperation and assistance of
the independent school districts in the Dallas County area.

Latent TB Infection ( LTBll
Field licensed Vocational Nurses (LVNs) manage Class I and Class II patients. Each
patient is asked to select a neighborhood satellite clinic where they will receive
medication and health status monitoring on a monthly basis. There are presently
sixteen (16) clinic locations providing this service throughout Dallas County.

Neighborhood satellite clinics have been very effective in allowing the Field LVN to refill
medications, perform toxicity checks, draw bloods, and collect sputum's on multiple
patients in a minimal amount of time. In Dallas County, satellite clinics have been
shown to increase treatment compliance among patients with Latent Tuberculosis
Infection.

9. Infection Control Management;

      a. Building:

      Every effort has been made in planning for a safe environment in our present
      building location. Safeguards include:

~     There is a completely separate air-handling unit, which is vented directly to the
      roof. No air is re-circulated.
~     Ultraviolet germicidal lights are in all patient areas.
~     The sputum room is sealed and a separate intake duct carries the air directly to
      the exhaust system.
~     Electronic air monitors are placed at the clinic entrance, physician's office, and
      sputum room. They are checked daily. If the negative pressure becomes
      compromised, an alarm will sound.
~     The entire clinic area is negative pressure.
Q     TB staff with negative skin test results are screened every 6 to 12 months
      according to CDC recommendations.

      b. Handling of Infectious Cases/Suspects:
      When a contagious patient enters the clinic, a mask is immediately placed on the
      individual's face, and he/she is taken to a room that is isolated from the general
      public. Infectious patients are seen as quickly as possible and removed from the
      clinic area.

      Patients are considered non-infectious when they meet all CDC criteria:
and responsibilities within 60 days of employment. Employees will receive 16 hours of
continuing education or training relevant to their position each year.
Suggested topics for training of personnel include the following:
Q      transmission and pathogenesis of tuberculosis
Q      epidemiology of tuberculosis
Q      diagnosis of tuberculosis infection and disease
Q      treatment of tuberculosis infection and disease
~      infectiousness and infection control
~      interviewing, investigating, and influencing skillsltechniques
Q      record keeping and records management

List of basis training resource materials:

Self-Study Modules on Tuberculosis, CDC
Core Curriculum: What the Physician Should Know, CDC
Interviewing, Investigating, Influencing Applications to Tuberculosis Control, CDC
Treatment of Tuberculosis and Tuberculosis Infection in Adults and Children, ATS
Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Health-Care
Facilities, 1994, CDC training and continuing education will be available through a variety of
conferences, meetings, and/or classes.

A Contact Investigation Workshop has been developed for the Dallas TB Elimination
Program. The workshop focus is to provide cross-training for Disease Intervention
Specialists in the areas of tuberculosis, bioterrorism, communicable diseases, and
sexually transmitted infections.

12. Internal Quality Assurance/Quality Improvement
The TB Elimination Program has assigned a clinic-based Licensed Professional Nurse
to perform weekly quality assurance activities on patient medical records. Audits
include reviewing medical documentation (including progress notes), completion of
required reports, and patient management, as dictated by medical protocol.

The automated medical record system assists program. supervisors in monitoring
progress toward performance measures on a quarterty basis.

Dallas County is divided into three nursing districts. Each district has a team consisting
of a Nurse Case Manager, Disease Intervention Specialist, CI Outreach Worker, DOT
Outreach Worker (3), and a Licensed Vocational Nurse. The team meets on a weekly
basis with the Medical Director, TB Program Coordinator, Field Nursing Supervisors,
and Outreach Worker Supervisor to discuss the progress and/or problems associated
with each suspect/case assigned to the district. Prior to the weekly meeting, a report is
prepared that summarizes the current status of each patient. When a patient's need is
identified, it is resolved by using the team approach.

The Medical Director, TB Elimination Program, revises the medical protocol on an annual
basis.
                                                COURT ORDER
ORDER NO.    20 08 0118
 DATE:JANUARY 15., 2008

STATE OF TEXAS           }

COUNTY OF DALLAS }


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

  15th    day of   January         , 2008, on motion made by John Wiley Price, Corrnnissioner of Dist, 3

and seconded by Kenneth A. Mayfield, Commissioner of Dist. 4                   , the following Order was adopted'

WHEREAS,      an amendment to the Department of State Health Services (DSHS) Contract No. 2008-022968-
              001A, CPS-Bioterrorism Preparedness-Lab was briefed in Commissioners Court on January 8,
              2008; and

WHEREAS,      this contract adds $33,929 to the category of personnel, $12,175.50 to the category of fringe
              benefits, $5,306 to the category of travel, $6,350 to the category of equipment to purchase two (2)
              Dell Latitude laptop computers, one (1) Eppendorf 5424 Centrifuge, one (1) Eppendorf Plate Shaker
              attachment, $52,645.50 is added to the category of supplies, $201 is added to the category of other
              to include Certified Saf-T-Pak training sessions and ABI Training (on -site support), $3,393 is added
              to the category of indirect costs; and

WHEREAS,      no discretionary County match is required for this contract; and

WHEREAS,      the term of this amendment is September 1,2007 through July 31,2008; and

WHEREAS,      included recommendations are consistent with the Dallas County Strategic Plan, Vision 2: Dallas
              County is a healthy community.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does
hereby approve the Texas Department of State Health Services Contract No. 2008-022968-001 A, CPS-
Bioterrorism Preparedness-Lab, and authorizes the County Judge t sign the contract on behalf of Oal ounty.
ORDER NO.      MIl V    V   vv   ..L ...L   .;;;j



DATE: JANUARY 15, 2008                                                                               'dO
STATE OF TEXAS               }

COUNTY OF DALLAS }

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

 15th day of           January   ,2008, on motion made by John Wiley Price, Cormnissioner of District              3
and seconded by Kenneth A.                          Corrnnissioner of District 4 the following Order was adopted:

 WHEREAS,       on January 8, 2008, an amendment to the Texas Department of State Health Services (DSHS)
                Contract No. 2008-023009-001 A, CPS-Cities Readiness Initiative was briefed in Commissioners
                Court; and

WHEREAS,       this contract adds $13,650 to the category of travel, $106.488.76 to the category of equipment to
               include the twenty-two (22) Salamander PDA units, and twelve (12) Salamander Tag Kits, $32,530
               to the category of contractual, $139,312 to the category of other to include overtime pay for City of
               Dallas employees that participate in various Exercises, and maintenance and support forWebEOC,
               DisasterHelp.net, and Salamander deletes $25,999 from the category of supplies; and

WHEREAS,       the term of this amendment is now September 1,2007 through July, 31,2008; and

WHEREAS,       there is no County match required for this contract; and

WHEREAS,       included recommendations are consistent with the Dallas County Strategic Plan, Vision 2: Dallas
               County is a healthy community.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does
hereby approve the amendment to the Texas Department of State Health Services Contract NO.2 -023009-
001 A, CPS-Cities Readiness Initiative.

                                       _ _ _ _day of              +-=-       ~:..--.,rT




                                 e) District #3


               ~endedbY:
     ..   Centers for Disease Control and Prevention (CDC) Public Hcnl~~~
          Preparedness (A,nnouncclncnt Number 1'\,1\154);
     ..   D81-18 Cooperativc Agreenlent ~lork Plan for Budget Year;
     ..   Contractor's Cities Readiness Initiative 'Vorl\: Plan, \vhich is hereby attached as
          Exhibit A; nnd
     ..   Contractor's action plan to assist in the accuratc and timely completion of aU
          objceti:vcs.

SECTION 1. STATEMENT OF WORK:, paragraphs 9 & 10 are revised as follows:

Contractor shall inform DSHS in writing if it shall not continue performance under this Program
A.ttachment Contract within thirty (30) days of receipt of an amended standard(s) or guideline(s).
DSHS may terminate this Progrum Attuchment                    immediately or within a reasonable
period of time as determined by DSHS.

Contractor shall develop, implement, and maintain a timekeeping system for accurately documenting
staff time and salary expenditures for all staff funded through this Progranl .r\ttachment Cantract,
including partial Full Time Equivalents (FTEs) and temporary staff.

SECTION IV. RENEWALS: is revised as follows:

Renewal arc permitted on a one year basis, at nSHS's discretion, depcndant upon funding
a¥ffilabtlity through FY 09.




SECTION VITI. SPECIAL PROVISIONS: paragraph 2 is revised as follows:

General Provisions, Allowable Costs and Audit Requirements Article, A:llowilbI~-s-Se-e-tfe.n
is amended to include the following:

   For the purposes of this Program Attachment, ffiik.t.les-a-re not an-a-llowtlble cost. funds m,JIY
   not be used for research, reitnburscment of pre-award costs, purchase vehicles of anY.kiIld,
   .new construction, or to purchase incentive items.




                           PROGRAM ATTACHMENT - Page 2
                                                              1100 WEST 49TH STREET
                                                             AUSTIN, TEXAS 78756-3199

                           CATEGORICAL BUDGET CHANGE REQUEST
DSHS PROGRAM: CPS - CITIES READINESS INITIATIVE
CONTRATOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT
CONTRACT NO: 2008-023009
CONTRACT TERM: 09/01/2007     THRU: 07/31/2008
BUDGET PERIOD: 09/01/2007     THRU: 07/31/2008           CHG: 001A


DIRECT COST (OBJECr              ' - J L..   r~ ..........
                                         Current Approved Budget (A)       Revised Budget (B)      Change Requested
                   Personnel             $0.00                             $0.00                   $0.00
              Fringe Benefits            $0.00                             $0.00                   $0.00
                       Travel            $4,450.00                         $18,100.00              $13,650.00
                   Equipment             $0.00                             $106,488.76             $106,488.76
                     Supplies            $128,544.00                       $102,545.00             $(25,999.00)
                  Contractual            $55,000.00                        $87,530.00              $32,530.00
                       Other             $77,989.00                        $217,301.00             $139,312.00
        Total Direct Charges             $265,983.00                       $531,964.76             $265,981.76
INDIRECT COST
                     Base ($)            $0.00                             $0.00                   $0.00
                     Rate (%)            0.00%                             0.00%                   0.00%
                Indirect Total           $0.00                             $0.00                   $0.00




                Cost Total               $265,983.00                      $531,964.76              $265,981.76
  Performing Agency Share                $0.00                            $0.00                    $0.00
   Receiving Agency Share                $265,983.00                      $531,964.76              $265,981.76
Total Reimbursements Limit               $265,983.00                      $531,964.76              $265,981.76
USTIFICATION
 crease in funding due to addition of remaining FY08 funds and revision to SOW and Workplan as per new CDC guidance.



Financial status reports are due: 12/31/2007, 03/31/2008, 06/30/2008, 09/30/2008
                      DEPARTMENT OF STATE HEALTH SERVICES




                                            Amendment
                                               To


The Department of State Health Services (DSHS) and DALLAS COUNTY HEALTH AND
HUMAN SERVICES DEPARTMENT_ (Contractor) agree to amend the Program Attachment
# ~ (Program Attachment) to Contract # 2008-023009 (Contract) in accordance with this
Amendment No. 001A: - CPS/CRI ,effective 0910112007 .

This Amendment is necessary to increase funding due to addition of remaining FY08 funds and
revisions to SOW and Workplan as per new CDC guidance.

This Amendment has a retroactive effective date because: The Fiscal Year 2008 CDC
Guidance and 1OOo~ of allocated funding is to be applied to the entire telm of this Program
Attachment.

Therefore, DSHS and Contractor agree as follows:


The Program Attachment term is hereby revised as follows:

TERM: 09101/2007 THRU:--osm-ooOS 07/31/2008


SECTION 1. STATEMENT OF WORK: is amended to add the following paragraph:

The following documents are incorporated bv reference and made a part of this Program
Attachment:
     • Budget Period 8 funding for continuation of the Public Health Emergenc,y
        J;rwaredness (PHEP) Cooperative Agreement guidance (dated Septenlber 2.L..2!lU1);
     • Contractor's Cities Readiness Initiative Work Plan, which is herebv attached as
         Exhibit A;
     • Contractor's FY08 Applicant Information and Budget Detail; and
     • Preparedness Program Guidance(s) as provided by DSHS. The PnlgDllTI Guidance
         can be viewed at http://www.dshs.state.tx.usfcomprep/defaultshtm.~

SECTION 1. STATEMENT OF WORK: is amended to delete the following paragraph 5:

Th c follow~t-s-a-r-e-in~-ftte4-b~'                rcfcren<-~·4-m:tHle   u paF-h.tf. this p rttgr-anl
;Wachment:


                            PROGRAM ATTACHMENT - Page 1
Department of State Health Services


Signature of Authorized Official

Date:                                        ~   __

Bob Burnette, C.P .M., CTPM                             Name:       Zachary ThomDson
                                                                          -.1---'---';.,.;;,.,;..;.;;,;,;....;;:..-=-=   _




Director, Client Services Contracting Unit              Title:      Director                                                 _

1100 WEST 49TH STREET                                   Address:    2377 N. Stemmons Frwy., Ste. 600
AUSTIN, TEXAS 78756
                                                                    Dallas, Texas                                75207
(512) 458-7470
                                                        Phone:      214/819-2101                                         _
Bob.Burnette@dshs.state.tx.us




                                   PROGR.t\.;.\1 ATTACHMENT      Page 3
                          DEPARTMENT OF STATE HEALTH SERVICES




                                      1100 WEST 49TH STREET
                                     AUSTIN, TEXAS 78756-3199

EQUIPMENT LIST CHANGE REQUEST

DSHS PROGRAM: CPS - CITIES READINESS INITIATIVE
CONTRACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT
CONTRACT TERM: 09/01/2007    THRU: 07/31/2008
BUDGET PERIOD: 09/01/2007   THRU: 07/31/2008
CONTRACT NO: 2008-023009      CHG: 001A


PREVIOUS EQUIPMENT LIST
                                                                             Unft Cost   Total


                                                                                         $
                                                                                         $
                                                                                         $0.00




NEW EQUIPMENT LIST

Item #     Equipment Description              ....
                                                 ..              Units       Unit Cost   Total



~~
           Salamander PDA Units               Salamander
           Mobile PDA Units with software, cradle holster        22          $2,205.22   $48,514.84
           and spare battery
           Salamander Tag Kits                  Salamander
                                                                             $4,831.16
           Rapid Tag Kits for credientiali~g.                I 12                        $57,973.92
                                                                             $           $
                                                                         I
                                                             I
                                                                             $           $106,489.00
ORDER NO.      2008 012 ()                      COURT ORDER                                          ·1'
                                                                                                  "-J {
                                                                                                  .     .
                                                                                                      . . : I r .




 DATE:JANUARY 15, 2008

STATE OF TEXAS                 §
                               §
COUNTY OF DALLAS               §

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

 15th day of     January           ,2008' on motion made by John Wiley Price, Commissioner of Dist3

and seconded by Kenneth A.                     Commissioner of Dist.         the following Order was adopted:

WHEREAS,       the Department of State Health Services Contract No. 2008-025273-001, RLSS-Local Public
               Health System was briefed in Commissioners Court on January 8,2008; and

WHEREAS,       this contract will continue to partially fund one (1) Chief Epidemiologist, and one (1) Sanitarian
               position; and

WHEREAS,       attachment #01, provides $194,539 for salaries and fringe benefits, $4,500 for travel, $2,000
               for supplies, and $958 for other; and

WHEREAS,       a discretionary County match in the amount of $9,853 is required; and

WHEREAS,       included recommendations are consistent with the Dallas County Strategic Plan, Vision 2:
               Dallas County is a healthy community; and

WHEREAS,      the term of this contract is September 1, 2007 through August 31,2008; and

IT IS NOW THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby approve the Department of State Health Services, Contract No. 2008-025273-001, RLSS-
Local Public Health System, and authorizes the County Judge to sign the contract and all related documents
on behalf of Dallas County.




        (
                          DEPARTMENT OF STATE HEALTH SERVICES




 This contract, number 2008-025273 (Contract), is entered into by and between the Department
 of State Health Services (DSHS or the Department), an agency of the State of Texas, and
 DALLAS COUNTY HE.ALTH AND HUMAN SERVICES DEPARTMENT (Contractor), a
 Govenlnlent Entity, (collectively, the Parties).

 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
 services or goods to the eligible populations as described in the Program Attachments.

 2. Total A..mount of the Contract and Payment Methodfs). The total amount of this Contract
 is $201,997.00, and the payment methodes) shall be as specified in the Program Attachments.

 3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
 If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
 between programs or health and human services agencies, amendment to the Appropriations Act,
 health and human services agency consolidation, or any other disruptions of current appropriated
 funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.

4. Term of the Contract. This Contract begins on 09/01/2007 and ends on 08/31/2008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.

5. Authoritv. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.

6. Documents Forming Contract. The Contract consists of the following:

          a. Core Contract (this document)
          b. Program Attachments:

               2008-025273-001 RLSS-LOCAL PUBLIC HE.ALTH SYSTEM

          c.   General Provisions (Sub-recipient)
          d.   Solicitation Document(s), and
          e.   Contractor's response(s) to the Solicitation Document(s).
          f.   Exhibits

Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.



92648-1
  7. Conflicting Terms. In the event of conflicting terms among the documents fanning this
  Contract, the order of control is first the Core Contract, then the Program Attachmenus), then the
  General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
  Solicitation Document, if any.

 8. Pavee. The Parties agree that the following payee is entitled to receive payment for services
 rendered by Contractor or goods received under this Contract:

          Name:    DALLAS COUNTY
          Address: 407 RECORDS BLDG.
                   DALLAS, TX 75202
          Vendor Identification Number: 17560009056005

 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
 the Parties and that there are no agreements or understandings, written or oral, between them
 with respect to the subject matter of this Contract, other than as set forth in this Contract.

 By signing below, the Parties acknowledge that they have read the Contract and agree to its
 terms, and that the persons whose signatures appear below have the requisite authority to execute
 this Contract on behalf of the named party.

 DEPARTMENT OF STATE HEALTH SERVICES             DALLAS COuNTY HEALTH AND HlJMAN



                                                    .o/p
                                                 SERVICES DEPARTMENT


                                                 BY.,.~?'~
 Signature of Authorized Official                Signjtfi're

                                                                    r
Date                                             Date

Bob Burnette, C.P Jv1., CTPM
                                                 Printed Narne and Title

Director, Client Services Contracting Unit       2377 N. Stemmons              , Ste.
                                                 Address

1100 WEST 49TH STREET
AUSTIN, TEXAS 78756                              City, State, Zip

(512) 458-7470                                   214/819-2101
                                                 Telephone Number

Bob.Burnette@dshs.state.tx.us



                                                                                            to s
                                                                           Judge
92648-1
                                CONTRACT NO. 2008-025273-
                              PROGRAM ATTACHMENT NO. 001
                              PURCHASE ORDER NO. 0000331905

 CONTR.ACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT

 DSHS PROGRAM: RLSS-LOCAL PUBLIC                HE~ALTH    SYSTEM

 TERM: 09/0112007 THRU: 08/31/2008

 SECTION 1.    ST~ATEMENT      OF ,WORK:

 Contractor shall improve or strengthen local public health infrastructure within the State of Texas
 by:

        •   Developing objective(s) to address a public health issue;
        •   Utilize resources provided through this Program Attachment to conduct activities and
            services that provide or support the delivery of essential public health services;
        •   Assess, monitor, and evaluate the essential public health activities and services provided
            through this Program Attachment; and
        •   Develop strategies to improve the delivery of essential public health service(s) to
            identified service area.

These tasks shall be performed in accordance with Department of State Health Services (DSHS)
Division for Regional and Local Health Services Interlocal Application. The assessment and/or
evaluation activities must include measurable standards. Acceptable standards include the National
Public Health Performance Standards approved by the Centers for Disease Control and Prevention,
Performance Standards developed by the Texas Association of Local Health Officials, Healthy
People 2010, and any federal, state or local law or regulation governing the delivery of essential
public health services. Other evaluation methods utilizing standards not listed in this Program
Attachment must be pre-approved by DSHS.

Contractor shall comply with all applicable federal and state laws, rules, regulations and standards
including, but not limited to, the following:

    •   Chapter 23-11 of the Healthy People 2010;
    •   Section 121.002, Texas Health & Safety Code, definition of ten essential public health
        services;
    •   Government Code, Section 403.1055, "Permanent Fund for Children and Public Health".

Contractor shall not use funds from the Permanent Fund for Children and Public Health for lobbying
expenses under the Government Code, Section 403.1067.

Contractor shall comply with all applicable regulations, standards, and guidelines in effect on the
beginning date of this Program Attachment.


                           PROGRAM ATTACHMENT - Page 1
 DSHS will inform Contractor in writing of any changes to applicable federal and state laws, rules,
 regulations, standards and guidelines. Contractor shall comply with the amended law, rule,
 regulation, standard or guideline except that Contractor shall inform DSHS Program in writing ifit
 shall not continue performance under this Program Attachment within thirty (30) days of receipt of
 an amended standard(s) or gui deline(s). DSHS may terminate the Program Attachment immediately
 or within a reasonable period of time as determined by DSHS.

 SECTION II.    PERFORM~1\JCE      MEASURES:

 Contractor shall complete the PERFORMANCE MEASURES as stated in the Contractor's FY 08
 Local Public Health Service (LPHS) Service Delivery Plan, and as agreed upon by DSHS, hereby
 attached as Exhibit A.

 Contractor shall provide activities and services as submitted by Contractor in the following
 county(ies)/area: Dallas

 SECTION III. SOLICITATION DOCUMENT: N/A

 SECTION IV. RENEWALS:           N/A

 SECTION V. PAYMENT METHOD: Cost Reimbursement

 SECTION VI. BILLING INSTRUCTIONS:

 Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
 include acceptable supporting documentation of the required deliverables ifindicated in the attached
 Exhibit A. Vouchers can be faxed to Claims Processing Unit at 512-458-7442 or electronic e-mail
 to: invoices(Q)dshs.state. tx. us.

Invoices and supporting documentation shall be submitted to the following address:

        Department of State Health Services
        Fiscal Claims Processing Unit
        P. O. Box 149347, MC 1940
        Austin, Texas 78714-9347

SECTION VII. BUDGET: Cost reimbursement:

SOlJRCE OF FUNDS: State and CFDA # 93.991

SECTION VIII. SPECV\L PROVISIONS:

Contractor shall complete an Annual Budget and Expenditures Report in a format specified
by DSHS and submit by December 15,2007.



                            PROGR-.AM ATTACHMENT - Page 2
General Provisions, 1.03 Reporting Article, is revised to include the following paragraph:

 Contractor shall submit quarterly and final performance reports that describe progress toward
 achieving the objectives contained in approved Contractor's Service Delivery Plan and any written
 revisions. Contractor shall submit the performance reports by the end of the month following the
 end of each quarter, in a format to be provided by DSHS. Failure to submit a required report or
 additional requested information by the due date specified in the Program Attachmenus) or upon
 request constitutes breach of contract, may result in delay payment, and may adversely affect
 evaluation of Contractor's future contracting opportunities with the department. Reports should be
 sent electronically to LocalPHTeam(ci)dshs.state.tx.us or by facsimile to 512-458-7154. A copy of
 the report should be sent to the respective DSHS Health Service Region, Attention: Deputy
 Regional Director. The report signature page should be sent via mail to:

       DSHS Regional and Local Health Services
       Attn: Local Services Team
       1100 West 49 th Street
       P.O. Box 149347 MC1908
       Austin, Texas, 78714-9347

General Provisions, 12.01 Board Training Article, is not applicable to this program Attachment.




                          PROGRAM ATTACHMENT - Page 3
2008-025273-001

Categorical Budget:

                                            PERSONNEL                              $151J497. 00
                                     FRINGE BENEFITS                                $43,042.00
                                                TRAVEL                               $4,500.00
                                           EQUIPMENT                                     $0.00
                                              SUPPLIES                               $2,000.00
                                        CONTRACTUAL                                      $0.00
                                                 OTHER                                $958.00
                            TOTAL DIRECT CHARGES                                   $201,997.00
                                  INDIRECT·CHARGES                                       $0.00
                                                 TOTAL                             $201,997.00
                                          DSHSSHARE                                $201,997.00
                                CONTRACTOR SHARE                                         $0.00
                                        OTHER MATCH                                      $0.00




Total reimbursements will not exceed $201,997.00



Financial status reports are due: 12/31/2007, 03/31/2008, 06/30/2008, 10/30/2008
                              TEXAS DEPARTMENT OF STATE HEALTH SERVICES



                               CERTIFICATION REGARDING LOBBYING

        CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE

                                                  AGREEMENTS

 The undersigned certifies, to the best of his or her knowledge and belief that:


           (1)   No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
                 any person for influencing or attempting to influence an officer or an employee of any agency, a
                 member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
                 connection with the awarding of any federal contract, the making of any federal grant, the making of
                 any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
                 renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.


          (2)    If any funds other than federal appropriated funds have been paid or will be paid to any person for
                 influencing or attempting to influence an officer or employee of any agency, a member of Congress,
                 an officer or employee of Congress, or an employee of a member of Congress in connection with this
                 federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit
                 Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.


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


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




~
6·   Foster. Count             Judoe
 rint Name of Authorized Individual
                                                                                             2008




Appncanon or Contract Number

Dallas County Health and Human
 rrgamzanon Name




                                                                          CSCU # EF29-12374 - Revised 08.10.07
 ORDERNO,2008 0121                                        COURT ORDER


 DA TE: JANUARY 15, 2008

 STATE OF TEXAS            }

 COUNTY OF DALLAS}

 BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the                15th

 day of   January              ,2008, on motion made by John Wiley Price, Corrnnissioner of District No.3,

 and seconded by Kenneth A. Mayfield, Corrnnissioner of District No.                       ~ the following Order was adopted:

 WHEREAS,          an amendment to the Department of State Health Services (DSHS) Contract No. 2008-022945-001A, CPS-
                   Bioterrorism Preparedness was briefed in Commissioners Court on January 8, 2008; and

 WHEREAS,          this amendment has been assigned two (2) grant numbers, CPS-Bioterrorism Preparedness (08723) and
                   Pandemic Influenza (08724); and

 WHEREAS,         this contract deletes one (1) Physician, and one (1) Public Health Nurse II from grant 08723, transfers one
                  (1) Physician Epidemiologist, one (1) Public Health Nurse II, one (1) Biostatistician, three (3) Disease
                  Intervention Specialist III, one (1) Manager Public Health Nursing Services, one (1) Administrative Assistant,
                  and one (1) Trainer IV from grant 08723 to grant 08724, and also transfers one (1) Epidemiologist I, one (1)
                  Senior Secretary, and (1) Epidemiologist Program Planner from grant 08724 to grant 08723; and

WHEREAS,          this amendment adds $674,211 to personnel, $234,387 to fringe benefits,                  to travel, $9,495 to
                  equipment to purchase one (1) MicroSoft SOL Server, $13,372 is added to supplies, and $67,421 is added
                  to indirect cost. This contract also deletes $35,292 from the category of contractual, and $89,999 from the
                  category of other; and

WHEREAS,          the balance in the category of contractual includes Atos Origin, Wai-Wize, Dallas iMedia, a Curriculum
                  Writing, and a Pandemic influenza Exercise/Tabletop, and the balance in the category of other includes
                  maintence and services for SPSS, SAIC-CATS, Nextel, Savin, Redbat, Servlet Exec, ESRI(ArcIMS), Web
                  Logic, BC Management Company, Uncle Bob's Storage, pagers, video monitoring, press clipping, tri fold
                  machine, and advertisements; and

WHEREAS,          the purchase of the Relenza and Tamiflu Antivirals will be purchased from the category of supplies using the
                  DSHS 10% rule; and

WHEREAS,          a discretionary County match in the amount of $93,193 is required for grant 08723, and $6,651 for grant
                  08724; and

WHEREAS,          the term of this amendment is September 1,2007 through July 31,2008; and

WHEREAS,          included recommendations are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is
                  a healthy community.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby
approve the amendment to the Texas Department of State Health Services Contract No. 2008-0229445-0 A, CPS-
Bioterrorism Preparedness, and authori:es the County Judge to si~he c.ontract on behalf of D:"as Cou

Do1 E IN OP       CO RT this the       l)th day of          Januc£,v         ,        ,20.
                                                                                             AIIIfii~"-,   ~~r#/iIJII~-




          \~
              \
                                 D'EPARTl\1ENT OF STATE HEALTH SERVICES




                                                         Amendment
                                                            To


The Department of State Health Services (DSHS) and DA..LLAS COUNTY HEA.L TH .AND HUMi~N
SERVICES DEPARTl\1ENT (Contractor) agree to amend the Program Attachment # -ili2L (Program
Attachment) to Contract # 2008-022945 (Contract) in accordance with this Amendment No. OOLA: CPS-
BIOTERRORISM PREPAREDNESS, effective 09101/2007 .

This Amendment is necessary to increase funding due to addition of ren1aining FY08 funds and revisions to
SOW and W orkplans as per new CDC guidance.

This Amendment has a retroactive effective date because: The Fiscal Year 2008 CDC Guidance and 100 % of
allocated funding is to be applied to the entire term of this Program Attachment.

Therefore, DSHS and Contractor agree as follows:


The Program Attachment term is hereby revised as follows:

TERi\1: 09/01/2007 THRU: 08/31/2008 07/31/2008


                                                   W'ORK:

SECTION I. STATEMENT OF WORK: 1st and 2nd paragraphs are revised as follows:

Contractor shall administer programs and perform activities in support of-IlSI4S's FY2.(}{){} FV2007 -Centers
for Disease Control and Prevention (CDC) Cooperative Agr-eement '\fed\: Plan for Budget Period 8
~==~=====:~-Public Health Preparedness and Emergency Response fer Bioterrorisrn (Program
AfHlft-H:H£'-Cinent 99051). This program--is C.oonerative Agreement -designed to upgrade and integrate state
and local public health jurisdictions' preparedness for and response to terrorisrnJli.Q1IT.r.Q..[isJ]l,.. ..!lJJ.thrJ.~ .ak..~u)f
i1}JCJ~.ti..o.Q.s dj..s.e.a.~-and other public health threats and emergencies.


~ontractorshall~~~~~epare~esspla~fl~~-~-~e·a~~~
r-elatffig continue to address the following-geal-eeeas, as designated by CIJ.C+ CDC Public I-lealth..


    •   Goal 1 - Prevent: Increase the use and development of interventions known to prevent human illness
        from chemical, biological, radiological agents, and naturally occurring health threats.
    •   Goal 2 Prevent: Decrease the time needed to classify health events as terrorism or naturally occurring
        in partnership with other agencies.
    •   Goal 3 - Detect/Report: Decrease the time needed to detect and report chemical, biological, radiological
        agents in tissue, food, or environmental samples that cause threats to the public's health.


                                                             - 1 of 5
    •       Goal 4 - Detect/Report: Improve the timeliness and accuracy of information regarding threats to the
            public's health as reported by clinicians and through electronic early event detection in real time to those
            who need to know.
    •       Goal 5 - Investigate: Decrease the time to identify causes, risk factors, and appropriate interventions for
            those affected by threats to the public's health.
    •       Goal 6 - Control: Decrease the time needed to provide countermeasures and health guidance to those
            affected by threats to the public's health.
    •       Goal 7 - Recover: Decrease the time needed to restore health services and environmental safety to pre-
            event levels.
    •       Goal 8 - Recover: Increase the long-term follow-up provided to those affected by threats to the public's
            health.
    •       Goal 9 Improve: Decrease the time needed to implement recommendations from after-action reports
            following threats to the public's health.

SECTION I. STATEMENT OF WORK, is amended to add the following:



Medical Priority Projects for FY08:
   • l . . cadcrship and direction
            o Develop Standard Operating Procedures (SOPs) bv outlining specific J·oles and
               responsibilities needed for optimal interaction during response to disa~
   • Disaster Mental Health

        •


        •


        •
                   describing roles and responsibilities in support of th.e community-JudI hazard el1]~~
                   l11anagcment plan.
        •   EnWmiologv. Surveillance and Medical Surge for Pandemic Influenza
        •   Pariicip.ate as appropriate in the R~csponseTeam Traininllnd tabtctoMxcrcise.

SECTION I. STATEMENT OF WORK: paragraph 3 is revised as follows:

DSHS encourages partnership and cooperation within and between jurisdictions in the State of Texas related to

                   Partnership opportunities may include, but are not limited to, planning activities, exercises,
tr~n~gandresponse~even~oremergencies.~~~~~~~~~~~~~~~~~~~~~~~




SECTION I.      STATEME~~   OF WORK: paragraphs 4, 5, and 6 are hereby deleted:


Contractor shall assist DSHS is the implementation of DSHS' Centers for Disease Control and

                                                      Page - 2 of 5
Prevention ECC) Pand-em:ie-Influenza Guidance Supplement to the 2006 Public Health Emergency
Preparedness Cooperative Agreement Phase II (dated Jul)' 10, 2006).

Contrnctor shall participate in pandemic influenza activities to include completing assessments;
participating in regiQnaJ and state,,,ride summits and Rleetings; completing plans, exercises and after
aclion reports; and participating in other activities related to pandemic influenza as requested by the
DSHS. Contractor shall report on pandemic influenza activities in a format prescribed by DSH&_

Contraetor shall participate in National Preparedness Programs initiated by CDC, including but not
limited to: HRSA..JCDC crosscutting acti:vities; CbemPah.; pandemic influenza planning; performance
evuluatfe.n; Smallpox Preparedness Progr-am; and Strategic National Stockpile Program activities.

SECTION I. STATEMENT OF WORK, paragraph 11 is replaced with the following:

The following documents are incorporated by reference and made a part of this Program Attachment:
 • Budget Period 8 funding for continuation of the Public Health Emergency Preparedness (PREP)
     Cooperative Agreement guidance (dated September 21, 2007);
 • CDCs Local Emergency Preparedness and Response Inventory;
 • Project Period Public Health Emergency Preparedness Work Plan for Local Health Departments (FY2007-
     FY2008), attached as Exhibit A;
 • If receiving pandemic influenza funding, Project Period Pandemic Influenza Work Plan for Local Health
     Departments (FY2007-FY2008), attached as Exhibit B;
 • Contractor's FY08 Applicant Information and Budget Detail for FY08 base cooperative agreement and
     FY08 pandemic influenza if receiving pandemic influenza funding; and
 • Preparedness Program Guidance(s) as provided by DSHS.

SECTION I. STATEMENT OF WORK: paragraph lS is revised as follows:


Contractor shall cooperate with DSHS to coordinate all planning, training and exercises performed under this-
contract Program i\ttachment -with the State of Texas, Governor's Division of Emergency Management of the
State of Texas, or other points ofcontact at the discretion of the division, to ensure consistency and coordination
of requirements at the local level and eliminate duplication of effort between the various domestic preparedness
funding sources in the state.
SECTION I. STATEMENT OF WORK: paragraph 18 is revised as follows:


In the event of a public health emergency involving a portion of the state, Contractor shall mobilize and dispatch
staff or equipment that were purchased with funds from this-P-regram A.t-taeh-HH~nt.sJ1QJle.Gtl~urr.~c.I11-~Ll.t­
and that are not performing critical duties in the jurisdiction served to the affected area of the state upon receipt
of a written request from DSHS.
SECTION II. PERFORMANCE MEASURES: paragraph 1 is revised as follows:


DSHS encourages partnership and cooperation within and between jurisdictions in the State of Texas related to
activities included in the contract workplans, Exhibits A and B (if ap..J2lkablc) to this Program Attachment.
Partnership opportunities may include, but are not limited to, planning activities, exercises, training and
response to events or emergencies. Contractor may incur and request reimbursement for allowable costs related
to partnership opportunities in accordance with applicable DSHS and Contractor laws, rules, policies and
procedures.

SECTION II.   PERFORY~CE   MEASURES: paragraph 2 is revised as follows:


                                                       - 3 of 5
Contractor shall complete activities and performance measures as outlined in the attached Exhibit A, revised,
Project Period Public Health Emergency Preparedness Work Plan for Local Health Departments (FY2007 -~
FY20 10) FY2008'1, -and if applicable, Exhibit B, Project Period Pandemic Influenza Work Plan for Local
Health Departments (FY2007 - FY2009). FY200S). In addition. the Contractor shall cornJJlete activities to
slUUlort thc follo,,'ing performance measures pertaining to the state priori~

    •   Develop Standard ()pcrating Procedure..s...iS.QPs) bv outliniWLsrre.dfiLroles and reWDsihiHties
        needed for optimal interaction during response to disasters.
    •   Ohtain a minimum score of SO on the Strategic National Stockpil.!;i.SNS) TechMal Assi5Jan~~
        Report (TAR) by completing required plans, procedures, memorandums of a~ment for
        rCSOJ1.~ ne{~dcd. and rosters of staffJuJ..d/or voluntc!;rs for rcliP..o.Jlfilh
    •   \Vritc an internal mass fatality Standard Operating Guideline (SOC) delineating)Uld describi~
        roles and responsibilities in support of the community's all hazard cJ11ITg.CJl.O;Jl1an.~nle.nt1l1an!
SECTION IV. RENEWALS: paragraph 1 is deleted and revised as follows:




SECTION VII. BUDGET:, paragraph 2 is hereby deleted:

DSHS '1\'ill reimburse Contractor in accordance with the reimbursement schedules outlined in Exhiffit-A
and Exhibit B.

SECTION VIII. SPECIAL PROVISIONS, paragraph 2 is hereby deleted:

G-eneral Provisions, Payment 1\1ethods and Restrictions Article, is fe"vised to add the foIlol·./ing:

   Contractor shaH request payment using the State of Texas Purchase Voucher (Form B 13) and
   acceptable supporting documentation of the required deIiverables as indicated in the attached Exhibit
   A and Ey.:hibit B.

SECTION VIII. SPECIAL PROVISIONS, paragraph 4 is revised as follows:


General Provisions, Terms and Conditions of Payment       Article,-P~h-J,£.DlmntPayment            Section, -is
revised to include:

   Contractor shall separately identify pandemic influenza expenditures on the monthly reimbursement request,
   State of Texas Purchase Voucher. Pandemic influenza expenditures shall be supported by documentation
   that details these expenditures in a format specified by DSHS.

SECTION VIII. SPECIAL PROVISIONS, paragraph 5 is revised as follows:

General Provisions, Allowable Costs and Audit Requirements Article, is amended to include the following:




                                                     - 4 of5
    Due to limited fQrtls and one-tiIne nature of the Pandemic Influenza funding. establishment of
    .u.luu:InaceuticaI caches \vhich can include prophvlaxis, antibiotics. and antivirals is not an allowable
    cost using pandemic influenza portion of the PHEP funding.



Department of State Health Services                          Contractor


Signature of Authorized Official

Date:   January 15, 2008                                     Date:

Dr. Susan Neill                                              Name:        --c...._ _- ' - -           _




Acting Assistant Commissioner for Prevention and             Title:
Preparedness

1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
                                                                                              75207
(512) 458-1111
                                                             Phone:                                   _
Susan.Nei1l@dshs.state.tx.us




                                                   Page - 5 of 5
                                      DEPARTl\rlENT OF STATE HEALTH SERVICES




                                                   1100 WEST 49TH STREET
                                                  AUSTIN, TEXAS 78756-3199

                          CATEGORICAL BUDGET CHANGE REQUEST
DSHS PROGRAM: CPS-BIOTERRORISM PREPAREDNESS
CONTRATOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT
CONTRACT NO: 2008-022945
CONTRACT TERM: 09/01/2007   THRU: 07/31/2008
BUDGET PERIOD: 09/01/2007   THRU: 07/31/2008            CHG: 001A


DIRECT COST
                                  Current Approved Budget (A)      Revised Budget (B)               Change Requested
                    Personnel     $916,116.00                      $1,590,327.00                    $674,211.00
               Fringe Benefits    $289,067.00                      $523,354.00                      $234,287.00
                       Travel     $10,170.00                       $42,050.00                       $31,880.00
                    Equipment     $0.00                            $9,495.00                        $9,495.00
                     Supplies     $63,934.00                       $77,306.00                       $13,372.00
                   Contractual    $175,000.00                      $139,708.00                      $(35,292.00)
                        Other     $229,492.00                      $140,493.00                      $(88,999.00)
         Total Direct Charges     $1,683,779.00                    $2,522,733.00                    $838,954.00
INDIRECT COST
                      Base ($)    $0.00                            $0.00                            $0.00
                      Rate (%)    0.00%                            0.00%                            0.00%
                 Indirect Total   $91,612.00                       $159,033.00                      $67,421.00




                    Cost Total    $1,775,391.00                   $2,681,766.00                     $906,375.00
   Performing Agency Share        $0.00                           $0.00                             $0.00
     Receiving Agency Share       $1,775,391.00                   $2,681,766.00                     $906,375.00
 Total Reimbursements Limit       $1.775,391.00                   $2,681,766.00                     $906,375.00
JUSTIFICATION
Increase in funding due to addition of remaining FY08 funds and revisions to SOW and Workplans as per new CDC guidance.



Financial status reports are due: 12/31/2007, 03/31/2008, 06/30/2008, 09/30/2008
                           DEPARTMENT OF STATE HEALTH SER,rICES




                                       1100V\TEST 49TH STREET
                                      AUSTIN, TEXAS 78756-3199

EQUIPMENT LIST CHANGE REQUEST

DSHS PROGRAM: CPS-BIOTERRORISM PREPAREDNESS
CONTRACTOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT
CONTRACT TERM: 09/01/2007  THRU: 07/31/2008
BUDGET PERIOD: 09/01/2007 THRU: 07/31/2008
CONTRACT NO: 2008-022945    CHG: OOlA



PREVIOUS EQUIPMENT LIST
                           =-====-====-=========
Item #                                                           UnitCost    Total


                                                                 $           $
                                                                 $           $
                                                                 $           $0.00




NE\V EQUIPl\IENT LIST

Item #                                                           Unit Cost
            MicroSoft Server                  MicroSoft
                                                          1      $9,495.00   $9,495.00
            SOL Server, 2005 Enter rise Edition
                                                                 $           $
                                                                 $           $
                                                                             $9,495.00
                                                EXHIBIT A




                       PROJECT PERIOD PUBLIC HEALTH EMERGENCY PREPAREDNESS WORKPLAN
                                                     FOR
                                          LOCAL HEALTH DEPARTMENTS

                                              FY2007 - FY2008




'ublic Health Preparedness Workplan
 or Local Public Health Preparedness                                          Workplan - Page 1 of 39
               PUBLIC HEALTH FIRST RESPONDER (PHFR) - Department of Health (DOH) personnel that are required to deploy in
               the wake of a public health emergency. Hospital personnel may be considered PHFRs if their activity is aligned to
              support public health response efforts. However, Emergency Medical Service (EMS) Responders are mostly covered
              through Department of Homeland Security (DHS).

               STANDARD OPERATING GUIDELINES (SOG)/STANDARD OPERATING PROCEDURES (SOP) - Approved
               methods for accomplishing a task or set of tasks and are typically prepared at the department or agency level.




iblic Health Preparedness Workplan
If   Local Public Health Preparedness                                                                                 Workplan - Page 3 of 39
 ystem Compliance Assessment Support Tool (NIMCAST).              assessment.
 ssure agency's Emergency Operations Center meets
 IMS incident command structure requirements to perform           CT 3a: Work with local government and other health and medical
 ore functions: coordination, communications, resource            entities to review and revise as needed all-hazards health and medical
 ispatch and tracking and information collection, analysis        component of the local emergency management plan and LHD all-
 nd dissemination.                                                hazards SOPs and/or SaGs (plans) as necessary based upon the
                                                                  jurisdiction's annual self-assessment.

                                                                  CT 3a: Maintain a NIMS compliant Incident Command structure for
                                                                  public health response operations.

                                                                  CT 3a: Augment primary and secondary staff for core functional roles
                                                                  in ICS.

                                                                  CT 3a: Continue to implement SOPs and/or SaGs (plans) and training
                                                                  that is NIMS compliant.


~T  4: Increase the nu.mber of public health responders who
Ire protected through Personal Protective Equipment (PPE),
                                                              I   CT 4: Identify the number of public health responders who will require
                                                                  PPE, vaccination and/or prophylaxis.
raccination or prophylaxis.
                                                                  CT 4: Review adequacy of protection and maintain the level of
                                                                  protection for the number of public health responders who will require
                                                                  PPE.


:T 4a: Have or have access to a system that maintains and         CT 4a: Implement and continue to track public health responders'
:racks vaccination or prophylaxis status of public health         vaccination or prophylaxis.
responders in compliance with PHIN Preparedness
Functional Area Countermeasure and Response
Administration.


CT 5: Increase and improve mutual aid agreements, as              CT 5: Establish, as needed with appropriate partners, Memorandums
!J.~~~~Q-!-!9~~QQ2rt NIMS-comQlia~~ubl!c health response      I
                                                                  of Understanding (MOU) and/or Memorandums of Agreement (MOA)/            J



'ubtic Health Preparedness Workplan
or Local Public Health Preparedness                                                                                  Workplan - Page 5 of 39
                                             CDC PREPAREDNESS GOAL 2: PREVENT
             GOAL:      Decrease the time needed to classify health events as terrorism or naturally occurring in partnership
                                                                 with other agencies.
'arqet Capability 2A: Information Gathering and Recognition of Indicators and Warning

Ieasures:
) Percent of HRSA participating hospitals that transmit clinical and/or hospital utilization data in near real-time to a PHIN-compliant
   early-event detection information system. Jurisdictional Target: 900/0 of HRSA awardee hospitals
) Time to have a knowledgeable public health professional respond 24/7 to a call about an event that may be of urgent public
                                                         =
   health consequence. Jurisdictional Target - Mean 15 minutes
) Time to initiate an epidemiologic investigation of an event that may be of urgent public health consequence. Jurisdictional
   Target - mean = 1 hour from notification of an event that may be of urgent public health consequence.
) Percent of Pulsed Field Gel Electrophoresis (PFGE) sub-typing data results submitted to the PulseNet national database within
   96 hours of receiving isolate at the laboratory. Jurisdictional Target - 90% of PFGE sub-typing data results are submitted to
   PulseNet within 96 hours.

     CRITICAL TASKS DEFINED IN CDC GUIDANCE                              PERFORMING AGENCY REQUIRED ACTIVITIES

:T 1: Increase the use of disease surveillance and early       CT 1: Continue to use early event detection systems currently in
vent detection systems.                                        place.


                                                               CT 1: Assist in the deployment of early event detection systems in
                                                               Health Resource and Services Administration (HRSA) funded
                                                               hospitals.


~T 1b: Develop and maintain systems to receive disease         CT 1b: Implement and continue to deploy Electronic Surveillance
eports 24/7/365.                                               System for the Early Notification of Community-based Epidemics
                                                               (ESSENCE).




rblic Health Preparedness Workplan
}r Local Public Health Preparedness                                                                                Workplan - Page 7 of 39
 r 3: Decrease the time needed to disseminate timely and         CT 3: Continue to use Health Alert Network (HAN)/Public Health
 curate national strategic and health threat intelligence.       Information Network (PHIN) and other means to disseminate timely
                                                                 and accurate national strategic and health threat intelligence.


 r 3a: Maintain continuous participation in CDC's Epidemic       CT 3a: Participate in Epi-X by having at least one staff registered.
 formation Exchange Program (Epi-X).


T 3b: Participate in the Electronic Foodborne Outbreak           CT 3b: Submit the EFORS form to DSHS for foodborne outbreak
eporting System (EFORS) by entering reports of foodborne         investigations by local health departments per written guidance.
rtbreak investigations and monitor the quality and
»npteteness or reports and time from onset of illnesses to
.port entry.


T 3c: Perform real-time subtyping of PulseNet tracked            CT 3c: Continue to participate in PulseNet activities supporting the
.odbome disease agents. Submit the subtyping data and            tracking of foodborne disease causing bacteria.
ssociated critical information (isolate identification, source
f isolate, phenotype characteristics of the isolate, serotype,   CT 3c: Increase capabilities to upload data to PulseNet database for
tc) electronically to the national PulseNet database within      Listeria monocytogenes and E.coli 0157:H7.
2 to 96 hours of receiving the isolate in the laboratory.


:T 3d: Have or have access to a system for 24/7/365              CT 3d: Test and revise as necessary current notification procedures
otification/alerting of the public health emergency response     to achieve 900/0 notification of key stakeholders.
ystem that can reach at least 90% of key stakeholders and
) compliant with PHIN Preparedness Functional Area
'artner Communications and Alerting.




rblic Health Preparedness Workplan
>r Local Public Health Preparedness                                                                                   Workplan - Page 9 of 39
 T 1b: Test the competency of a chemical terrorism                                    CT 1 b: Continue to update and maintain chain of custody protocols
 iboratory coordinator and bioterrorism laboratory                                    testing the competency of the chemical terrorism laboratory
 oordinator to advise on proper collection, packaging,                                coordinator and bioterrorism laboratory coordinator.
 ibelinq, shipping, and chain of custody of blood, urine and
 ther clinical specimens.


 :T 1c: Test the ability of sentinel/Level Three labs to send                         CT 1c: Test the accurate and timely submission of diagnostic or
 pecimens to a confirmatory Laboratory Response Network                               infectious agent's submissions during a simulated or natural event.
 _RN) laboratory on nights, weekends, and holidays.


:T 1d: Package, label, ship, and coordinate routing and                               CT 1d: Develop and review annually protocols for chain-of-custody.
naintain chain-of-custody of clinical, environmental, and
ood specimens/samples to laboratories that can test for                               CT 1d: Maintain chain-of-custody documentation.
rqents used in biological and chemical terrorism.
                                                                                      CT 1d: Provide technical assistance to responders, law enforcement
                                                                                      and Sentinel/Level 3 laboratories on maintaining chain-of-custody.

                                                                                      CT 1d: Develop and review annually protocols for specimen
                                                                                      collection, packaging, labeling, and shipping.

                                                                                      CT 1d: Provide technical assistance to responders, law enforcement
                                                                                      and Sentinel/Level 3 laboratories on specimen collection, packaging,
                                                                                      labeling, and shipping.


CT 1e: Continue to develop or enhance operational plans                               CT 1e: Continue to develop laboratory-specific all-hazards operational
and protocols that include: * specimen/samples transport                              sOP/saGs to reduce response times to threat agents (biological,
and handling, *worker safety, *appropriate Biosafety Level                            chemical, and radiological).
(BSL) working conditions for each threat agent, *staffing and
training of personnel, *quality control and assurance,
"adherence to laboratory methods and protocols,                                       CT 1e: Assess training needs and implement training as necessary.
*proficiency testing to include routine practicing of
                Response - . - - - - - - . - - -..- - - - ...- - - - - assays -
Laboratory - - - - - - - - - -Network-(LRN) validated - - . . as
        -.- - -                                                                   ,                   ....- - - - . - - - -..
                                                                                                                            ---~ ...   .               _
                                                                                                                                             ..... __... _.... _._._-_.   ._._1



'ublic Health Preparedness Workplan
or Local Public Health Preparedness                                                                                                        Workplan - Page 11 of 39
                                         CDC PREPAREDNESS GOAL 4: Detect/Report
              Goal:    Improve the timeliness and accuracy of inforl!'ation regarding threats to the public's health
-ARGET CAPABILITY 4A: Health Intelligence Integration and Analysis

I1EASURES:
1) Time LRN reference lab generates confirmatory result for an agent of urgent public health consequence to notification of
   appropriate officials. Jurisdictional Target: Mean = 2 hours

      CRITICAL TASKS DEFINED IN CDC GUIDANCE                             PERFORMING AGENCY REQUIRED ACTIVITIES

~T   1: Increase source and scope of health information.        CT 1: Continue to use early event detection systems currently in
                                                                place.

                                                                CT 1: Assist in the deployment of early event detection systems in
                                                                HRSA funded hospitals.

                                                                CT 1: Continue to deploy ESSENCE.

                                                                CT 1: Provide education/updates to providers on the importance on
                                                                disease reporting.


:::;T 2: Increase speed of evaluating, integrating, analyzing   CT 2: Develop and revise annually protocols to evaluate and respond
and interpreting health data to detect aberrations in normal    to aberrations.
Jata patterns.
                                                                CT 2: Attend NBS reports training.


CT 3: Improve integration of existing health information        CT 3: Continue to increase the number of medical facilities
systems, analysis, and distribution of information consistent   contributing to early event detection.
with PHIN Preparedness Functional Area Early Event
Detection.



'ublic Health Preparedness Workplan
 or Local Public Health Preparedness                                                                              Workplan - Page 13 of 39
                                       CDC PREPAREDNESS GOAL 5: INVESTIGATE
                      Goal: Decrease the time to identify causes, risk factors, and appropriate interventions for those
                                                    affected by threats to the public's health
 "ARGET CAPABILITY SA: Epidemiological Surveillance and Investigation

 ·ERFORMANCE MEASURES:
 1) Time for state public health agency to notify local public health agency or local to notify state, following receipt of a call about an
                                                                              I


                                                                                                =
    event that may be of urgent public health consequence. Jurisdictional Target: Mean 60 minutes from notification of an
    event that may be of urgent public health consequence

      CRITICAL TASKS DEFINED IN CDC GUIDANCE                                PERFORMING AGENCY REQUIRED ACTIVITIES

 CT 1: Increase the use of efficient surveillance and             CT 1: Continue to use early event detection systems currently in
 information systems to facilitate early detection and            place.
 mitigation of disease.
                                                                  CT 1: Assist in the deployment of early event detection systems in
                                                                  HRSA funded hospitals.

                                                                  CT 1: Continue to deploy ESSENCE to improve reporting.


 CT 2: Conduct epidemiological investigations and surveys         CT 2: Use NBS and PHIN standards to report Texas mandated
 as surveillance reports warrant.                                 notifiable conditions.

                                                                  CT 2: Continue to receive, evaluate and respond to urgent disease
                                                                  reports on a 24/7/365 basis.

                                                                  CT 2: Share promptly with staff at other health departments (DSHS
                                                                  Austin, HSR, and LHD) when informed of an event of urgent public
                                                                  health consequence.

                                                                  CT 2: Maintain or have access to a professional epidemiologist to
                                                                  conduct investigations.


>ublic Health Preparedness Workplan
cor Local Public Health Preparedness                                                                                   Workplan - Page 15 of 39
                                            CDC PREPAREDNESS GOAL 6: CONTROL
                    Goal: Decrease the time needed to provide countermeasures and health guidance to those affected
                                                        by threats to the public's health
 rARGET CAPABILITY 6A: Communications

VlEASURES:
1) Time to distribute a health alert to key response partners of an event that may be of urgent public health consequence.
    Jurisdictional Target: Mean = 6 hours from the time a decision is made to notify partners
2) Percent of clinicians and public health response plan partners that receive public health emergency communication messages.
    Jurisdictional Target: 70% of clinicians and public health partners receive messages within the specified time.
3) Percent of key public health response partners who are notified/alerted via radio or satellite phone when electric grid power,
    telephones, cellular service and internet services are unavailable. Jurisdictional Target: 75% of response partners
    acknowledge message within 5 minutes of communication being sent
4) Time to notify/alert all primary staff (secondary or tertiary staff as needed) with public health agency ICS functional responsibilities
                                                                                              =
    that the public health agency's EOC is being activated. Jurisdictional Target: Mean 60 minutes
5) Time for primary staff (secondary or tertiary staff as needed) with public health agency ICS functional responsibilities to report for
                                                                                                            =
    duty at public health agency's Emergency Operation Center (EOC). Jurisdictional Target: Mean 2 1/2 hours from time that
    public health director or designated official received notification that the public health agency's EOC will be activated.

      CRITICAL TASKS DEFINED IN CDC GUIDANCE                                PERFORMING AGENCY REQUIRED ACTIVITIES

CT 1: Decrease the time needed to communicate internal            CT 1: Use the PHIN/HAN web portal and Policies and Procedures for
incident response information.                                    PHIN/HAN alerting.


CT 1a: Develop and maintain a system to collect, manage,          CT 1a: Use WebEOC through the PHIN/HAN web portal or an
and coordinate information about the event and response           incident and response system interoperable with WebEOC or another
activities including assignment of tasks, resource allocation,    system if city or county emergency management office provides
status of task performance, and barriers to task completion.      access to an incident response system.




)ublic Health Preparedness Workplan
-or Local Public Health Preparedness                                                                                  Workplan - Page 17 of 39
 rARGET CAPABILITY 68: Emergency Public Information and Warning

 ~EASURE:
   1) Time to issue critical health message to the public about an event that may be of urgent public health consequence

      CRITICAL TASKS DEFINED IN CDC GUIDANCE                                   CONTRACTOR REQUIRED ACTIVITIES

 CT 1: Decrease time needed to provide specific incident          CT 1: Revise and expand local Crisis and Emergency Risk
 information to the affected public, including populations with   Communication (CERC) Guidelines to address the standard NIMS
 special needs such as non-English speaking persons,              ICS structure, agency media policy and public information
 migrant workers, as well as those with disabilities, medical     dissemination, translations (multiple languages), disaster mental
 conditions, or other special health care needs, requiring        health, work with special populations, agency Web site, and work with
 attention.                                                       partners and stakeholders.


 CT 1a: Advise public to be alert for clinical symptoms           CT 1a: Develop and/or revise pre-approved messages to include fact
 consistent with attack agent.                                    sheets, question-and-answer sheets, templates and key messages.

                                                                  CT 1a: Use pre-approved messages to address public health threats
                                                                  and emergencies.

                                                                  CT 1a: Develop and use messages specific to the local community
                                                                  as needed.


 CT 1b: Disseminate health and safety information to the          CT 1b: Develop and/or revise pre-approved messages to include fact
 public.                                                          sheets, question-and-answer sheets, templates and key messages.

                                                                  CT 1b: Use pre-approved messages to address public health threats
                                                                  and emergencies.

                                                                  CT 1b: Develop and use messages specific to the local community
                                                                  as needed.

Public Health Preparedness Workplan
For Local Public Health Preparedness                                                                               Workplan - Page 19 of 39
 CT 7: Decrease the time needed to provide accurate and         CT 7: Distribute via PHIN/HAN procedure accurate and relevant
 relevant public health and medical information to clinicians   public health and medical information to clinicians and other
 and other responders.                                          responders.




Public Health Preparedness Workplan
For Local Public Health Preparedness                                                                              Workplan - Page 21 of 39
 _.-~~_   .._-,->--"-._-"

 ~T 2a: Provide Personal Protection Equipment (PPE)            CT 2a: Conduct staff hazard analysis and risk assessment to
 rased upon hazard analysis and risk assessment.               their level of occupational risk based on job description.

                                                               CT 2a: Consult US Department of Labor Occupational Safety and
                                                               Health Organization (OSHA) Website for guidance. OSHA.gov and
                                                               search for standards.
                                                               1-800-321-0SHA (6742) {Toll Free U.S.}

                                                               CT 2a: Purchase and have available appropriate PPE for staff
                                                               according to their risk assessment.

                                                               CT 2a: Provide access to training on PPE to staff based on OSHA
                                                               hazard analysis and risk assessment.

                                                               CT 2a: Track staff attendance at required training.


CT 2b: Develop management guidelines and incident health
and safety plans for public health responders (e.g.• heat
                                                              ICT 2b: Use the management quidelines to complete local plans which
                                                               address worker safety issues.
stress, rest cycles, PPE).


CT 2c: Provide technical advice on worker health and safety   I CT 2c:   Provide worker safety protocol within the IC/UC structure.
for Ie and UC.


 CT 3: Increase the number of public health responders that    CT 3: Conduct staff hazard analysis and risk assessment to identify
 receive hazardous material training.                          the level of occupational risk based on job description.

                                                               CT 3: Provide access to training on hazardous materials to staff
                                                               based on OSHA hazard analvsis and risk assessment.




Public Health Preparedness Workplan
For Local Public Health Preparedness                                                                                 Workplan - Page 23 of 39
 _____   ~   _   _   _   _                                        •                   ~'___.   ~.m   ,   ._~_   ..   .~   ~~_.___   ~         .
                                                                                                                                        __ ' __ _ . _ .   ~   •._ _ •   ._.   • _ _ •.   •   ,,",




 :::T 6: Direct and control public information releases about         CT 6: Implement CERC plan.
 hose who have been isolated or quarantined.


 :T 7: Decrease time needed to disseminate health and                 CT 7: Develop and/or revise, make available and use pre-approved
 safety information to the public regarding risk and protective       messages to include fact sheets, question-and-answer sheets,
 actions.                                                             templates and key messages to address public health threats and
                                                                      emergencies.

                                                                      CT 7: Implement CERC Plan.




Public Health Preparedness Workplan
For Local Public Health Preparedness                                                                                           Workplan - Page 25 of 39
       1a: Implement local, (tribal, where appropriate), regional        I CT 1a:
                                                                                Continue to develop and augment scalable SNS
    ind State prophylaxis protocols and plans.                            components of the local emergency management plan with
                                                                          supporting infrastructure.


    :T 1b: Achieve and maintain the Strategic National                    CT 1b: Assist in coordinating with local law enforcement for
    Stockpile (SNS) preparedness functions described in the               assessment of each POD site and the development of a
    current version of the Strategic National Stockpile guide for         comprehensive security plan.
    planners.
                                                                          CT 1b: Develop and maintain contact list regarding receipt of SNS
                                                                          material in treatment centers.

                                                                          CT 1b: Identify, assess and secure Point of Dispensing (POD)
                                                                          sites.

                                                                          CT 1b: Recruit staff/volunteers to carry out all local SNS functions
                                                                          including POD operations.

                                                                          Ct 1b: Train staff/volunteers to carry out SNS functions including
                                                                          POD site functions.




    CT 1c: Ensure that smallpox vaccination can be                        CT 1 c: Maintain the database of individuals with capacity to provide
    administered to all known or suspected contacts of cases              smallpox vaccinations.
    within 3 days and, if indicated, to the entire jurisdiction within
    10 days.
                                                                          CT 1 c: Continue to develop and revise as needed the scalable
                                                                          SNS component of the local emergency management plan to
                                                                          include an integrated smallpox vaccination component.

L                                             _ _" _ _ !                  CT 1c: D~~~~2P_~!,j_~9intai!l~~c:l~I[>g)(_~0l!'P()('1ents in the LHD all-

Public Health Preparedness Workplan
For Local Public Health Preparedness                                                                                            Workplan - Page 27 of 39
 'ARGET CAPABILITY 6F:Medical Surge

 IEASURE:


     CRITICAL TASKS DEFINED IN CDC GUIDANCE                         PERFORMING AGENCY REQUIRED ACTIVITIES

 :T 1: Improve tracking of cases, exposures, adverse      CT 1: Use the NBS and PHIN/HAN to report Texas mandated
 vents, and patient disposition.                          notifiable diseases.


~T 2: Decrease the time needed to execute medical and     CT 2: Establish and annually review MOU/MOAs as necessary and
iublic health mutual aid agreements.                      maintain relationships.

                                                          CT 2: Assess the time from requesting public health mutual aid
                                                          agreement to the time acknowledgement is received as either
                                                          approved or disapproved.


~T 3: Improve coordination of public health and medical   CT 3: Continue to develop/maintain relationships with infectious
services.                                                 disease specialists, hospital infection control practitioners, laboratory
                                                          directors, emergency department managers, medical examiners, and
                                                          others to promote rapid disease reporting.

                                                          CT 3: Provide training and information to local health care providers
                                                          through newsletters, meetings, conferences, etc, to increase
                                                          community awareness of the importance of early detection and rapid




'ublic Health Preparedness Workplan
 or Local Public Health Preparedness                                                                           Work plan - Page 29 of 39
  T 5: Increase the    nu~berofphysicians   and   ot~r~~-~-------~-~~-~-~·~---~-~-~---~---­
                                                                 CT 5: Continue to identify and maintain a list of physicians and other
 -aviders with experience and/or skills in the diagnosis and     providers with experience and/or skills in the diagnosis and treatment
 satrnent of infectious, chemical, or radiological diseases or   of conditions resulting from Chemical, Biological, Radiological,
 mditions possibly resulting from a terrorism-associated         Nuclear, and Explosive (CPRNE) events.
 vent who may serve as consultants during a public health
 mergency.                                                       CT 5: Continue to provide education to physicians and other
                                                                 providers on CBRNE topics.




)ublicHealth Preparedness Workplan
"or Local Public Health Preparedness                                                                               Workplan - Page 31 of 39
 rARGET CAPABILITY 6H:                   Citizen Evacuation and Shelter-tn-Place

 VlEASURE:


      CRITICAL TASKS DEFINED IN CDC GUIDANCE                                       PERFORMING AGENCY REQUIRED ACTIVITIES

CT 1: Develop plans and procedures to identify in advance            CT 1: Participate in efforts with stakeholders who are already working
populations requiring assistance during evacuation/shelter-          to identify populations needing assistance for evacuation and shelter-
in-place.                                                            in-place.



CT 2: Develop plans and procedures for coordinating with             CT 2: Support the local efforts to coordinate the provision of basic
other agencies to meet basic needs during evacuation.                health and medical needs, to include the provision of mental health
                                                                     services for populations during evacuation operations.

                                                                         CT 2: Review and update annually as needed the health and medical
                                                                         component of the local emergency management plan and LHD all-
                                                                         hazards sOP/saGs to include provisions for medical special needs
                                                                         population during evacuation operations.


CT 3: Develop plans and procedures to get resources to                   CT 3: Support the Office of Emergency ManaqementIof.M) in
those who have sheltered in place (Long term - 3 days or                 coordinating the provision of health and medical resources, to include
more).                                                                   the provision of mental health services, for populations' sheltering-in-
                                                                         place.

                                                                         CT 3: Review and annually as needed the health and medical
                                                                     component of the local emergency management plan and LHD all-
                                                                     hazards sOP/saGs to include provisions for medical special needs
                  - - - -                                            Q_QQul§!!i~fl~b~L!~Eed=_jfl:l21(3ce.
                                                              ....1.-1                                       . .    . _ _.. . ..... ._


Jublic Health Preparedness Workplan
:::or Local Public Health Preparedness                                                                                       Workplan - Page 33 of 39
 CT 2: Decrease the time needed to issue interim guidance         CT 2: If able, develop Global Information System (GIS)/mapping
 on risk and protective actions by monitoring air, water, food,   system data sets as identified in the environmental plan.
 and soil quality, vector control, and environmental
 decontamination, in conjunction with response partners.          CT 2: Develop and/or revise pre-approved messages to include fact
                                                                  sheets, question-and-answer sheets, templates and key messages.

                                                                  CT 2: Use pre-approved messages to address public health threats
                                                                  and emergencies.

                                                                  CT 2: Develop and use messages specific to the community at any
                                                                  time.

                                                                  CT 2: Assess time needed to issue guidance.

                                                                  CT 2: Continue environmental testing and monitoring (e.g.,
                                                                  BioWatch, radiation control, food safety assessments, and large
                                                                  capacity water testing project in EI Paso and Corpus Christi).

                                                                     2: Obtain            the use of PPE.




Public Health Preparedness Workplan
For Local Public Health Preparedness                                                                               Workplan - Page 35 of 39
                                          CDC PREPAREDNESS GOAL 9: IMPROVE
                    Goal: Decrease the time needed to implement recommendations from after-action reports following
  ________                                         threats to the [!ubli~'s h~_alt_h_.                       _
  [t\gQ~I CAPABILITY 9A~Planning                                                                                                       _
  JlEASURES:
                                                                                                                 =
  I) Time to complete an After-Action Report (AAR) with corrective action plan(s). Jurisdictional Target: Mean 60 days from
      conclusion of an exercise or real event.
                                                                                         =
  ~) Tin:!e to re-e~~luate ~rea(s) requiring corrective action. ~urisdictional Target: Mean  180 days after AAR is com~leted                I



     CRITICAL TASKS DEFINED IN CDC GUIDANCE                           PERFORMING AGENCY REQUIRED ACTIVITIES

                                                            Exercises must focus on specific components of a plan although it is not
                                                            necessary to exercise all components of the plan at one time. An
                                                            Exercise Notification Form must be submitted to DSHS Central Office at
                                                            least 60 days prior to any exercise. Exercises should test public health
                                                            SOPs and/or SOGs and should address horizontal and vertical
                                                            integration with appropriate response partners at the federal, state, tribal
                                                            and local level. Response partners may include, but are not limited to:
                                                            public health, emergency management, laboratory, emergency and
                                                            clinical medical providers, pharmacy, public works, emergency services,
                                                            elected officials, school districts, military, and private sector
                                                            businesses/employers. Response partners may also include bi-national
                                                            partners at the local, state or federal levels where appropriate.
                                                            If components of a LHO's all-hazards SOP and/or SOG are tested during
                                                            a response to an actual event, then the incident may be credited as an
                                                            exercise. An After Action Report (AAR) must be completed and
                                                            submitted to DSHS Central Office after the event to receive credit.

                                                            As much as possible, incorporate the exercise requirements into
                                                            exercises being conducted at the regional level by Councils of
                                                            Governments (COGs) and GDEM.




)ublic Health Preparedness Workplan
-or Local Public Health Preparedness                                                                             Workplan - Page 37 of 39
                                                            ---_._-_ _ - - - - - - - - - -
                                                                      ..




                                                             CT 1: Test every six months the time it takes for pubic health agency
                                                             staff with response responsibilities to report for duty.



  CT 2: Decrease the time needed to identify deficiencies   CT 2: Write and submit an after-action report and corrective action plan
  in personnel, training, equipment, and organizational     within 60 days of conclusion of exercise or real event.
  structure, for areas requiring corrective actions


  CT 3: Decrease the time needed to implement corrective     CT 3: Implement a plan to correct deficiencies and identify unresolved
  actions                                                    barriers.


  CT 4: Decrease the time needed to re-test areas            CT 4: Retest areas of deficiencies within 180 days of AAR.
                    action.




Jublic Health Preparedness Workplan
-or Local Public Health Preparedness                                                                                Workplan - Page 39 of 39
                                                        EXHIBIT B




                                       PROJECT PERIOD PANDEMIC INFLUENZA WORK PLAN
                                                           FOR
                                                LOCAL HEALTH DEPARTMENTS

                                                      FY2007 - FY2008




Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                 Workplan - Page 1 of 24
             PUBLIC HEALTH PREPAREDNESS - Public health preparedness is the capacity of public health jurisdictions to
             respond to a public health emergency. The CDC Cooperative Agreement enables public health jurisdictions to upgrade
             their preparedness and response capacity.

             PUBLIC HEALTH FIRST RESPONDER (PHFR) -Department of Health (DOH) personnel that are required to deploy in
             the wake of a public health emergency. Hospital personnel may be considered PHFRs if their activity is aligned to
             support public health response efforts. However, Emergency Medical Service (EMS) Responders are mostly covered
             through Department of Homeland Security (DHS).

             STANDARD OPERATING GUIDELINES (SOG)/STANDARD OPERATING PROCEDURES (SOP) - Approved
             methods for accomplishing a task or set of tasks and are typically prepared at the department or agency level.




Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                                               Workplan - Page 3 of 24
 emergency care, mutual aid and school closure).

 CT 1c: Link plan activities to WHO Pandemic Influenza         CT 1c: Review planning guidance to assess whether pandemic
 Phases.                                                       influenza SOP/SOGs has included recommendations from the
                                                               WHO Pandemic Influenza Phases.

 CT 1f: Address integration of state, local, tribal,           CT 1f: Continue to meet with state, regional, and local partners
 territorial, and regional plans across jurisdictional         regarding integration of plans and sOP/saGs across
 boundaries.                                                   jurisdictional boundaries.


 CT 1g: Address the provision of psychosocial support          CT 1g: Continue planning efforts to address the provision of
 services for the community, including parents and their       needed psychosocial services to communities.
 families, and those affected by community containment
 procedures.

 CT 1h: Be sufficiently flexible to adapt to the magnitude     CT 1h: Review and update annually as needed pandemic
 and severity of the pandemic and to available                 influenza plans and sOP/saGs in response to new information
 resources.                                                    distributed by CDC or as indicated by disease epidemloloqy.


 CT 1l: Identify how public health, hospitals and              CT 1i: Assist in developing standard operating procedures for
 healthcare systems will establish systems for                 hospitals/ healthcare systems related to infection control and
 healthcare facility level infection control while allowing    staff access to facilities in collaboration with local
 necessary personnel access to the facility.                   hospitallhealthcare stakeholders.

 CT 1j: Address the needs of vulnerable/special                CT 1j: Determine methods to identify vulnerable/special needs
 populations.                                                  populations and processes to overcome barriers for access to
                                                               services.



 CT 2: Formalize agreements that address communication,        CT 2: Continue to meet with other state, tribal and international
 mutual aid, and other cross-jurisdictional needs with         partners to formalize agreements to address the integration of plans
 l}e!gbgQ~~~9J1o,!!es!!c aQQ{or intern(3tional jurisdJct!ons   aQd SOP/SQ_Gs acros§juri§Qi~!!onal bo~~dari~s_.                  _
Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                                              Workplan - Page 5 of 24
clearly outline how and when decisions are made to
implement the interventions.
  .
CT 7: Identify and communicate to all stakeholders the         CT 7: Work with local governments to determine when to activate
authority responsible for declaring a public health            pandemic influenza response plan and to determine case count levels
emergency at the state, local and tribal levels and for        that will"trigger" school closure.
officially activating the pandemic influenza response plan.


CT 8: Identify State, local and tribal law enforcement         CT 8: Identify in coordination with local emergency management
personnel who will maintain public order and help implement    personnel local and tribal law (if applicable) enforcement that will
control measures.                                              maintain public order and help implement control measures.


CT 9: Exercise operational plan in cooperation with animal     CT 9: Conduct an exercise that includes animal health issues
health sectors (including but not limited to industry,         addressed in the pandemic influenza response sOP/saGs (plans) in
veterinary diagnostic laboratories, state departments of       coordination with those organizations responsible for animal health.
agriculture), to prevent, detect, and respond to reports of
disease in animals as a early warning of threat to human
health including:

CT 9a: Education of and risk communication to the poultry
owning public, poultry farmers and vendors, especially small
operations.

CT 9b: A plan for surveillance in birds.

CT 9c: Disease reporting and data sharing.

CT9d: Triggers for action to contain disease within the
animal sector.

CT ge: Triggers to perform heightened surveillance to
detect human illness.


=>andelllic Influenza Preparedness Workplan
-or Local Public Health Preparedness                                                                                Workplan - Page 7 of 24
                                     PANDEMIC INFLUENZA PREPAREDNESS GOAL 3: PREVENT
                  GOAL: Decrease the time needed to detect and report an influenza outbreak with pandemic potential.

 TARGET CAPABILITY 3A: Epidemiological Surveillance and Investigation

 MEASURE:
 1) Time for state public health agency to notify local public health agency, or local to notify state, following receipt of a call about an
    event that may be of urgent public health consequence. Jurisdictional Target: None


      CRITICAL TASKS DEFINED IN CDC GUIDANCE                                  PERFORMING AGENCY REQUIRED ACTIVITIES

CT 1: Recruit and maintain a group of healthcare providers           CT 1: Identify and submit contact information to Sentinel Provider
that report influenza-like illness (ILl) regularly, year-round, to   Surveillance Network (SPSN) coordinator (DSHS-Austin) of potential
the influenza sentinel provider surveillance network.                health care providers to join the influenza sentinel provider
                                                                     surveillance network.

CT 2: Develop the ability to rapidly provide healthcare              CT 2: Continue to use the PHIN/HAN to provide updated information
providers, clinics, and hospitals with updated information on        to providers, clinics and hospitals.
case definitions and .sample collection requests and
protocols.

CT 3: Establish a system for healthcare providers to contact
public health authorities about suspect cases or outbreaks.
                                                                     I
                                                                     CT 3: Continue to receive, evaluate and respond to urgent disease
                                                                     reports on a 24/7/365 basis in collaboration with DSHS physician on-
                                                                     eall team.




'andernic Influenza Preparedness Workplan
:or Local Public Health Preparedness                                                                                     Workplan - Page 9 of 24
CT 2a: Receive, triage and send case or suspect case
disease reports 24/7/365.

CT 2b: Receive health related data from multiple data
sources to monitor, quantify and localize aberrations to
normal data patterns (e.g., veterinary systems, school
absenteeism reports, hospital utilization data, nurse call
lines, over-the-counter drug sales, poison control center
reports ).

CT 3: Have or have access to interoperable information       CT 3: Collect and report aggregate data as specified by DSHS via
systems to capture and manage data associated with the       WebEOC influenza board.
investigation and containment of an outbreak (e.g.,
pandemic influenza) or public health emergency in
compliance with PHIN Preparedness Functional Area
Outbreak·Management.




)andemic Influenza Preparedness Workplan
'or Local Public Health Preparedness                                                                         Workplan - Page 11 of 24
 CT 4c: Hospitals with pandemic influenza cases.    ;]

 CT 4d: The number of pneumonia or influenza-associated
 deaths.
----- -                                                   '---------------------------,




)andelllic Influenza Preparedness Workplan
~or Local Public Health Preparedness                                           Workplan - Page 13 of 24
CT 1 b: Exercise communication systems, plans and             CT 1 b: Conduct an exercise testing interoperability of
procedures to ensure that hospitals, health care              communication systems.
systems and public health inform the community about
the operating status of hospitals and the triggers for        CT 1b: Develop and use messages for the community or use
sending a person to the hospital.                             messages developed by state.

CT 1c: Exercise vaccination and prophylaxis plans to          CT 1c: Include healthcare staff and patients when conducting a
cover healthcare staff and patients.                          mass vaccination and prophylaxis exercise of the Strategic
                                                              National Stockpile sOP/saGs (plans).


CT 1d: Exercise triage and admission plans that would         CT 1d: Conduct an exercise in coordination with healthcare
serve to minimize stress on the hospital system and           partners testing community-based triage and admission
maintain control of the situation.                            procedures.


CT 1e: Hospitals and health care systems in                   CT 1e: Collaborate with healthcare providers in the community to
conjunction with public health partners identify the          identify and establish alternative care sites.
location, set-up, staffing and operation of alternate care
sites during a pandemic. Focus for sites should be            CT 1e: Coordinate alternative care sites with local emergency
within metropolitan areas with plans that can support         management and first responder organizations.
the sub-state region in which the metropolitan area is
contained.


CT 1f: Identify how public health, hospitals and               CT 1f: Make contact with Infection Control Practitioners (ICPs)
healthcare systems will establish systems for                  and confirm that procedures exist for infection control during a
healthcare facility level infection control while allowing     pandemic that allows necessary personnel access to facility.
                                  !
_'!~~~~~~~_P~r~~~!!~Litcce~~lo ~~~,!~~!!y.                   I                                                    .         ~       ._




=>andemic Influenza Preparedness Workplan
=or Local Public Health Preparedness                                                                          Workplan - Page 15 of 24
 CT 3: Develop and exercise a plan to communicate to           CT 3: Conduct at least one exercise annually that tests the PHINI
 healthcare providers about infection control guidelines and   HAN to provide information to healthcare providers about
 for communication about containment measures at the           specific control guidelines and communication about
 State, local and tribal level.                                containment measures.


 CT 4: Exercise and improve the ability to implement           CT 4: Use feedback based on PHIN/HAN exercises to improve the
 infection control guidelines and public health measures at    ability to disseminate, implement, and improve infection control
 the State, local and tribal levels.                           guidelines.


 CT 5: Disseminate information from public health sources      CT 5: Develop and provide specific community information.
 on:

 CT 5a: Routine infection control (e.g. hand hygiene,
                                           J                   CT 5a: Assist in the development of pre-approved health promotion
 cough/sneeze etiquette).                                      materials locally.

                                                               CT 5a: Store and disseminate locally public information materials.


  CT 5b: Pandemic influenza fundamentals (e.g., signs and      CT 5b: Assist in the development and distribution of health promotion
 symptoms of influenza, modes of transmission.                 materials and campaigns within the community.


 CT 5c: Personal and family protection and response            CT 5c: Incorporate pre-approved, target specific information into local
 strategies (e.g., guidance for the at-home care of ill        messages.
 students and family members).
                                                               CT 5c: Implement awareness campaign of materials to schools, local
                                                               agencies, faith-based and community-based organizations.
                                                               individuals.


 CT 6: Develop and exercise an operational plan for            CT 6: Verify and assure legal authority to activate, enforce, and
 isolation and quarantine that delineates the following:       remove isolation and quarantine measures related to individuals,
                                                               groups, facilities, animals and food products.
Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                                             Workplan - Page 17 of 24
 CT 11: Providing support and services to help counteract   CT 11: Make recommendations to address barriers/challenges.
 the secondary impact of such measures.


 CT 12: Monitoring compliance with non-pharmacological      CT 12: Track compliance.
 interventions including tracking persons in quarantine.




Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                                      Work plan - Page 19 of 24
 CT 2: Collaborate in mass prophylaxis planning and      CT 2: Assist in identifying local resources for the receipt, distribution,
 exercising with community-wide partners, bordering      storage, security, monitoring and administration of pandemic influenza
 jurisdictions, IHS and tribal nations.                  vaccines and antivirals. Use regular seasonal flu clinics to model
                                                         pandemic mass vaccination clinics:
                                                            a. The Specified Mass Vaccination Clinic Model
                                                         (www.isr.umd.edu/Labs/CIM/projectsl/c1inic/) will be used to simulate
                                                         patient flow and staffing requirements.
                                                            b. Staffing decisions will be based on the model.


 CT 3: Maintain PHIN compliant information systems for   CT 3: Implement a PHIN/HAN compliant system for tracking
 tracking vaccine distribution and administration.       vaccination, administration, location.




Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                                          Workplan - Page 21 of 24
  CT 2: Prepare supporting materials for public health issues    CT 2: Develop and/or revise public information to include fact sheets,
  that are unique to an influenza pandemic such as issues of     question-and-answer sheets, templates and key messages unique to
  isolation, social distancing, and public health law.           pandemic influenza.


  CT 3: Establish a contact list of additional spokespersons     CT 3: Revise and/or update annually contact lists of spokespersons.
  and persons outside the state health department who can be
  available as subject matter experts on pandemic health
  issues to respond as surge capacity to meet demands for
  speakers or interviewees from the media, civic organizations
  and others.




Pandemic Influenza Preparedness Workplan
For Local Public Health Preparedness                                                                             Workplan • Page 23 of 24
                                                 COURT ORDER
ORDER NO.          2008 012,2
DATE: JANUARY IS, 2008

STATE OF TEXAS                   §    §

COUNTY OF DALLAS                 §   §

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

the      15th     day of        January
                                     -=--_ _ 2008, on motion made by John Wiley Price, CamIn of Dis,t .113

and seconded by            Kenneth A. Mayfield, Corrnn of Dist. 114 ,the following Order was adopted:

WHEREAS, the voluntary intern experience for Lynetta Renee Bonsu was                          discussed in
         Commissioners Court on January 8, 2008; and

WHEREAS, Dallas County Health and Human Services is requesting permission to provide a voluntary
         internship to Lynetta Renee Bonsu, in the Communicable Disease Division of this
         Department, 20-30 hours a week beginning February 4,2008 though April 25, 2008; and

WHEREAS, authorization from the Commissioners Court is required for provision of the internship,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby authorize Dallas County Health and Human Services to provide a voluntary intern
experience to Lynetta Renee Bonsu, in the Communicable Disease Division, to commence February4,
2008 through April 25, 2008,

DONE IN OPEN COURT this the               15th                    January




J'     Foste                         Maurine Dickey                  Mike Cantrell        '

             JUd~~~::ner,2CntHN."..,~wt-~f-'=--#-~~
                                                                     Commissioner, District    0,2
     ounty


                 John w~                              Kenneth A. Mayfield
                 c o m 7 ) ' District NO.3            Commissioner, District


               Recommended by:
                                                  pson, Ditector, Health and Human Services
                                                                      COURT ORDER
ORDER NO.          20080123
DATE:        JANUARY] 5, 2008

STATE OF TEXAS                            §        §

COUNTY OF DALLAS                          §        §
BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on

the   15th       day of _~=-===-1...-_ _ 2008, on motion made by John Wiley Price, Comm of Dis,t. #3
                            January

and seconded by            Kenneth A. Mavfield, Corum of Dist. 1/4                                          ,the following Order was adopted:

WHEREAS, the voluntary intern experience for Sharon lchiko Brummit was discussed in
         Commissioners Court on January 8, 2008; and

WHEREAS, Dallas County Health and Human Services is requesting permission to provide a voluntary
         internship to Sharon Ichiko Brummit, in the Communicable Disease Division of this
         Department, 20-30 hours a week beginning May 1,2008 though August 30, 2008; and

WHEREAS, authorization from the Commissioners Court is required for provision of the internship.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby authorize Dallas County Health and Human Services to provide a voluntary intern
experience to Sharon lchiko Brummit, in the Communicable Disease Division, to commence May 1,
2008 through August 30, 2008.

DONE IN OPEN COURT this the                                1                day of ---..:...::.:.:..:...::....:::.::..L----,..eIIlJi----~-
                                                                                                Januarv




                                                  Maurine Dickey                                              Mike Cantrell

                                       •. . _                     _m_m_.
                _----!::...--..I~----:.-.d-V::.._~c_.:.,' .: . .o,_is_Sioner, A-:c:...!!t:. e:N~r:.JH-~C.,L-o~m_m+- i S[,4jS~i0f1J,#ner,   District NO.2


                John Wiley)D'ri e                                                Kenneth A. Mayfield
      \
      \
                Commissioner, District NO.3                                      Commissioner, District
        \\


          "~o~de{(bY: ;C~a::...~~
                                               iaChariTMOmpson, Birector, Health and Human Services
                                         COURT ORDER
ORDER NO.     2008 0124
DATE: JANUARY 15, 2008

STATE OF TEXAS            §    §

COUNTY OF DALLAS          §    §

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

the   15th   day of      January
                              -"--_ _ 2008, on motion made by John Wiley Price, Comm of Di?t.1!3

and seconded by Kenneth A. Mayfield, Comm of Dist. #4        ,the following Order was adopted:

WHEREAS,      the release of payroll for the CEAP Program was discussed in Commissioners Court on
             January 15, 2008; and

WHEREAS, the Texas Department of Housing and Community Affairs has notified Dallas County of
         their intent to continue funding for the PY 2008 Comprehensive Energy Assistance
         Program (CEAP) Contract No. 587102; and

WHEREAS, Dallas County Health and Human Services is requesting the release of payroll for nine (9)
         staff funded under this Contract for the months of January, February and March, 2008.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby authorize the County Treasurer to release payroll for the Texas Department of
Housing and Community Affairs Comprehensive Energy Assistance Program (CEAP) Contract No.
587102, for the months of January, February and March, 2008.

DONE IN OPEN COURT this the 15th            day of -r--------::Il'~-:---~-
                                         COURT ORDER
ORDER NO.     2008 0125
DATE:     JANUARY IJi, 2008

STATE OF TEXAS            §    §
COUNTY OF DALLAS           §   §

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

the     15 th day of     January        2008, on motion made by John Wiley Price, Comm of Di§t. 113

and seconded by Kenneth A. Mayfield, Carom of Dist. 114       ,the following Order was adopted:

WHEREAS, travel for Jeronimo Augusto and Zephyr Beason was discussed in Commissioners Court on
         December 18, 2007; and

WHEREAS, Jeronimo Augusto and Zephyr Beason request to attend the Administrative Overview
         Meeting (Part A & B) in Washington, D.C., on February 4-7, 2008, for a cost of $1,505,
         available from Grant Fund Part A&B Department, Conference Travel Account, FY Budget
         2007 (00466.65503.04210.2007), and $1,505, available from Grant Fund Part A&8
         Department, Conference Travel Account FY Budget 2007, (00466.65502.04210.2007); and

WHEREAS, the approval of the Commissioners Court is required for payment of travel expenses.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court does hereby approve travel for Jeronimo Augusto and Zephyr Beason to Washington, D.C., to
attend the Administrative Overview Meeting, February 4-7,2008, and authorizes the County Auditor to
release payment of $1,505 from Grant Fund PartA&B Department Conference Travel Account, FY 2007
Budget (00466.65503.04210.2007), and $1,505 from Grant Fund Part A&B Department, Conference
Travel Account, FY 2007 Budget (00466.65502.04210.2007), for referenced travel.

DONE IN OPEN COURT this the           15th   day of --;tC--------'~---".ol;rtF---~--y




                                                                               istrict NO.2



                                               Kenneth A. Mayfield
                                               Commissioner, District NO.4


          Recommended by:
                                              COURT ORDER

ORDER NO:       2008 0126
DATE:     JANUARY 15, 2008

STATE OF TEXAS

COUNTY OF DALLAS

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

                      15th                                 JANUARY

a motion made by John Wiley Price, Commissioner of District No. 1f3                          , and seconded by

 Kenneth A.                  Commissioner of District No. 114

WHEREAS, the Purchasing Department briefed Commissioners Court on January 15,2008, concerning the
         final extension of Bid No. 2005-040-16 16, Annual Contract for Pre-Sort Mailing Services with
         DFW Presort; and

WHEREAS, the Court concurred            the recommendation to extend this annual contract; and

WfIEI<EAS, the term of this contract is February 8, 2008 through February 7, 2009

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners
Court does hereby authorize the final twelve (12) month extension of Bid No. 2005-040- 16 I 6, Annual Contract
for Presort Mailing Services with DFW Presort for the period February 8,2008 through February 7,2009, in
accordance with the awarded terms, conditions and pricing set forth in the original bid award.

DONE IN OPEN COURT this            15th day of       January     --+-_
                                                COURT ORDER

ORDER NO:       2008 0127
DATE: JANUARY 15, 2008

STATE OF TEXAS                 §

COUNTY OF DALLAS               §

BE IT REMEl\1BERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the

                    15th
 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ day of                                 -"'---                            , 2008, on

a motion made by John Wiley Prj ce, Carom; ss; oner of Dist. If3                               , and seconded by




\VHEREAS, the Purchasing Department briefed Commissioners Court 011 January 8, 2008 concerning the lack
          of general liability insurance coverage by PO Express as an awarded vendor under Bid No.
          2006-066-1869 Annual Contract for the Purchase of New Toner/Print Cartridges and Printer
          Ribbons; and

\VHEREAS, PO Express did not have the required coverage levels during the contract period; and

\VHEREAS,         County Auditor's Office is currently withholding payments to PO             for items
               purchased under this contract

IT IS THEREFOH.E ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners
Court does hereby authorize the release of payments to PO Express under Bid No. 2006-066-] 869 Annual
Contract for the Purchase of New Toner/Printer                and Printer Ribbons and the exclusion of the vendor
from participating in all County solicitations for a period of thirteen (13) months.

DONE IN OPEN COURT this the 15th day of                        --'--_ _, 2008.




                                                                                   Mike Cantrell, District




                         Recommended     >J
                                         by:J8A-Vill1(            -/1b/vl/,
                                            Shannon S. Brown, Purchasing Agent
                                                  COURT ORDER


ORDER NO:         2008 0128
DATE:     JANUARY 15, 2008



STATE OF TEXAS                §

COUNTY OF DALLAS              §


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

            15th
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ day of                      January                                    , 2008, on

a Illation made

 Kenneth A.                 Commissioner of Dist. #4

'VI-IERE,AS, the Purchasing Department briefed Commissioners Court on January 8, 2008, concerning the
             recommendation to terminate Bid No. 2007-034-2517 Annual Contract for the Purchase of
             Disaster Pouches; and

\VI--IEREAS, the Court concurred with the recommendation to terminate the contract awarded to Jernigan
             Computer Services & Associates and disqualify the vendor from participating in any Dallas
             County solicitation for a period of thirteen months

IT IS THEH.EFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County '-./,"'j,"'~"'L~Lu,-,
Court does hereby authorize the Purchasing Department to terminate Bid No. 2007-034-2517 Annual '-"'-'U~,',"'~V~
for    Purchase of Disaster Pouches awarded to Jernigan Computer Services & Associates, to disqualify the
       from participating in any Dallas County solicitation for a period of thirteen months and to immediately
         an annual contract

DONE IN OPEN COURT this the _15_t_h~_ day of                            --"..e---_




                                                      e-DiCk~Y,District~ - - - - - - - - - -


                                         by:             ClJ1LJt~ (IL           /r.)L~
                                               Sl annon S. Brown, Purchasing Agent/grt
                                              COURT ORDER

ORDERNO:2008               0129
DATE: JANUARY 15, 2008

STATE OF TEXAS

COUNTYOF DALLAS

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

        15th
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ day                                                                                2008. on

a motion made                            Commissioner of Dist. #3                                        and seconded by

Kenneth A.                 Commissioner of Dist. 1!4                         the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court 011 January 15, 2008, concerning the
         first extension of Bid No. 2007-040-2605, Annual Contract for the Rental of Vehicles with
         Bright Truck Leasing, Capps Rent A Car, Inc. and Enterprise Leasing Company of DFW; and

WHEREAS, the Court concurred with          recommendation to extend this annual contract; and

WHEREAS, the term of this contract is March 13, 2008 through March 12, 2009

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners
Court does hereby authorize the first twelve (12) 1110nth extension of Bid No. 2007-040-2605, Annual Contract
for the Rental of Vehicles with Bright Truck Leasing, Capps Rent A Car, Inc. and Enterprise Leasing Company
ofDFW for the period March 13,2008 through March 12,2009, in accordance with the awarded terms,
conditions and pricing set forth in the original bid award.

DONE IN OPEN COURT this the 15t h         day of                  ----;I"_               ~


                                                          .                  .          /~
      ster, County Judge                    MaUl'     ic~Distri t~Mike Cantrell, District #2
                        ~~~,                              I&-
                                                          /'--~VP~~'qY-jjL..i::?9_/_:...-H'-U~~7I'   ~




                \          ecommcndcd by: ,1_ 1      {{Jll~-::J~trf.J
                                         Sllannon S. Brown, Purchasing Agent/ms
                                                                    COURT ORDER
                      2008 0130
ORDER NO: - - - - - - -

DATE:          JANUARY 15, 2008

STATE OF TEXAS                             §

COUNTY OF DALL>ct\S                        §

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

          15th
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ day                                           January
                                                                        _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,2008. on

a motion made by--.:::J:..::o::.::-.:hn~..:::::::...::.l..._:.:....::..:~:::...L~~:::::.:::~~~~~~~_2!.....~               , and seconded by

 Kenneth A.                            Commissioner of Dist. #4

WHEREAS, the Purchasing Department briefed Commissioners COUli on January 15, 2008 concerning the
         deletion of the requirement for automobile liability coverage under Bid No. 2008-007-3172
         Annual Contract for Printed Forms for Elections Administration; and

WHEREAB, the County's approved insurance policy does not require this type of coverage and it is not
         applicable to this contract; and

\VHEREAS, the requirement was included in the solicitation in error

IT IS THEREFORE ORDERED, ADJUDGED, .AND DECREED that the Dallas County Commissioners
Court does hereby authorize the deletion of the requirement for automobile liability coverage under Bid No.
2008-007-3172 Annual Contract for Printed Forms for Elections Administration and authorizes all County
documents to reflect accordingly.

DONE IN OPEN COURT this the 15th day




                                                                                                              Mike Cantrell, District #2



                             Cd\~
                  \           )~      f
                               John \ViIev Pri



                      ~--:::ommendedby~(~1(u0~                 Shannon S. Brown, Purchasing Agent
ORDER NO.          2008 0131                                                                                           .lfb··~·i.ec
                                                                                                                          e   0



                                                                                                                              ,
                                                                                                                                  '.
                                                                                                                                       e .e.· . .
                                                                                                                                       ..,•.•
                                                                                                                                           '.:.:_::,........
                                                                                                                                                               ..· "'~
                                                                                                                                                                 ·"-"C'·-'~""   .,' ..




DATE:       JANUARY 15, 2008

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          ------~~~.J-----------, 2008, on motion made



by    Kenne Eh A. Mayfield, Commissioner of Dis tric t No.4, the following order was adopted:

WHEREAS,          the matter set forth below was briefed before Commissioners Court on January 8, 2008; and

WHEREAS,          pursuant to Court Order 2001-814 dated April 24, 2001, Dallas County and the City of DeSoto entered
                  into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL
                  IMPROVEMENT PROJECTS which authorized transportation improvements on COCKRELL HILL ROAD
                  MCIP PROJECT 31202 from Parkerville Road to Belt Line Road; and

WHEREAS,         it is necessary to begin design engineering services immediately in order to maintain the schedule of letting in
                 Program Year 201 1; and

WHEREAS,         State statute requires a two-step process initiated by a request for qualifications in accordance with applicable state
                 law and the Dallas County Policy For Procurement of ArchitecturallEngineering Services (including amendments)
                 which has resulted in the best qualified firm for the Cockrell HilI Road Project being selected as Freese & Nichols,
                 Inc.; and

WHEREAS,         Freese & Nichols, Inc. has proposed to perform the necessary preliminary design engineering services for an amount
                 not (0 exceed $156,009.00 for which there are sufficient funds available in the MeIP budget found in Fund 196,
                 Project 8201; and

WHEREAS,         the Director of Public Works recommends that the attached Contract for Consultant Engineering Services
                 be executed.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County
Judge is hereby authorized and directed to execute attached Consultant Engineering Services Contract with Freese & Nichols, Inc. for
the Cockrell Hill Road MCIP Project 31202 in an amount not to exceed $156,009.00 to be paid from funds located in Fund196,
Project 8201.

DONE IN OPEN COURT, this the                        15th _




                                   Recommended
                                   For Approval:                               If
                                                       Donald R. Holzwarth, P.E.,
                                                    :c~p
                                                   h. .• :..ector ,?fPublic Works
                                                   g~~                     .~
                                               C     './                  ~
WHEREAS, the COUNTY has determined that the services of professional consultants are for the

benefit of the COUNTY; and,



WHEREAS, COUNTY desires to contract with CONSULTANT for complete Phase I, Preliminary

Engineering Services, as detailed herein; and



WHEREAS, Consultant has agreed to provide professional engineering services as provided herein and

as may be mutually agreed in the future with regard to the Project.



NOW, THEREFORE, COUNTY AND CONSULTANT, in consideration of the terms, covenants and

conditions herein contained, Ten and 00/100 Dollars ($10.00) and other good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby

agree and contract as follows:
                                    ARTICLE I. DEFINITIONS
1.1 BASIC SERVICES shall mean all professional engineering services and other professional services
      required for Phase I, Preliminary Engineering. Such services shall include, but not be limited to,
      producing-prciil--ana- profire-Slieet~aramage -SIieets: stru-aureIayouts,-roa:dwai-cross-sectlons
      with applicable standard details, estimated quantity sheets, and right of way documents for the
      project described in Attachment "A", Project Scoping Sheets, and as more fully detailed in
      Attachment "B", Scope of Services, attached hereto and incorporated for all purposes herein as
      if reproduced word for word.

1.2 SPECIAL SERVICES shall mean those services not included in Basic Services and specifically
      listed in the Contract, which are surveying services, surveying expenses, title
      research!abstracting, expert or witness preparation and testimony, preparation of exhibits and
      appearance at public meetings, traffic control plans, geotechnical soil analysis, fees and other
      costs such as American Disabilities Act requirements in plans by State of Texas, and
      blueprinting and other copying required in addition to the Basic Service requirements, as more
      fully set forth in Attachment "B".


1.3 PRELlMINARY DESIGNIPRELIMINARY ENGINEERING shall mean all professional
      engineering services required to produce the deliverables as more fully detailed in Article 4,
      Deliverables, and Attachment "B", Scope of Services. These include, but are not limited to
      mean all professional engineering services required to produce a right of way alignment study
 ll.2 BASIC SERVICES FOR PRELIMINARY DESIGN: The work tasks and activities to be
       performed and deliverables to be provided by the CONSULTANT shall be in accordance with
       requirements contained in this Contract and as shown in Attachment "B", Scope of Services, for
       the fees shown in Attachment "C", Fee Calculation, including modifications to the Basic
       Services as mutually agreed to by COUNTY and CONSULTANT in accordance with the
       provisions of this Contract.
 1l.3 SPECIAL SERVICES: The Special Services listed in Attachment "B", Scope of Services shall be
        provided by CONSULTANT. Said services shall not be rendered prior to written mutual
        agreement between CONSULTANT and COUNTY as to the service to be rendered and the cost
        thereof These Special Services are not included as a part ofBasic Services and shall be paid for
        by the COUNTY in addition to payment for Basic Services as set forth in Attachment "C", Fee
        Calculation.


                                 ARTICLE ill. COMPENSATION

 ill.l Total Services Fee: The fee to be paid to the CONSULTANT under this Contract for all Phase I
        services shall not exceed One hundred fifty six thousand and nine and no/hundredths
        ($]56,009.00) Dollars, provided however, that modifications to the Scope of Services, or other
        conditions defined herein may necessitate a change of fee and further provided that any
        additional fee is approved by the Commissioners Court in accordance with the terms of this
        Contract.
 ill.2 Phase I Basic Services Fee: The COUNTY shall pay CONSULTANT Phase I Basic Services
        fees in the total amount not to exceed One hundred thirteen thousand three hundred nine and
        no/hundredths ($113,309.00) Dollars. The COUNTY shall pay CONSULTANT progress
        payments for actual work performed no more often than monthly, based upon invoices for
        actual work performed for the period, provided that the work is progressing in accordance
       with the approved Project Schedule and Scope of Services, at an amount not to exceed 90% of
       the approved basic services fee. The remaining 10% shall be paid upon final acceptance by
       COUNTY of Preliminary Basic Services. Progress payment requests shall be accompanied by
       digital files through the date of payment request in a form which can be checked as to
       manageability.       Should additional backup material be requested by the Director,
       CONSULTANT shall comply promptly with such request. In this regard, should the Director
       determine it necessary, CONSULTANT shall promptly, but in no event later than thirty (30)
       days from the date of notice, make all its records and books related to this Contract available to
       County for inspection and auditing purposes. An example of the form required for invoicing is
       displayed as Attachment "D", Sample Invoice, incorporated herein for all purposes as if
       reproduced word for word.
III.3 Phase I Special Services Fee The COUNTY shall pay CONSULTANT Phase I Special Services
        fees in the total amount not to exceed Forty two thousand seven hundred and nolhundredths
       ($42,700.00) provided, however, that modifications to the Scope of Services, or other
       conditions defined herein may necessitate a change of Fee and further provided that any
       additional fee is approved by the Commissioners Court in accordance with the terms of this
       Contract. Payment for Special Services fees may be applied for after costs have been incurred,
       but no more frequently than monthly, based upon detailed invoices. CONSULTANT'S invoices
       to COUNTY shall provide complete information and documentation to substantiate
MCIP/ENGINEERING SERVICES CONTRACT 11/20/07
Cockrell Hill Road Project 31202-Freese &: Nkhols                                                 4
 IV.2.3 CONSULTANT shall meet with the municipalities and other agencies to determine the
           extent of any previous plans and studies, and to obtain zoning, subdivision information,
           and land use requirements.         CONSULTANT shall submit to County written
           documentation of the results of such consultation.
 IV.2.4 CONSULTANT shall determine the need for any environmental assessment study, U.S.
        Army Corps of Engineers permits, railroad permits, historical designation, U. S. Coast
           Guard or other required permits.
 IV.2.. 5 CONSULTANT shall prepare a right-of-way (ROW) alignment study where necessary
           to determine the most economical location of the ROW consistent with good engineering
           practices and submit maps showing the proposed location of street improvements,
           including existing ROW, curb lines, medians and driveways. Sufficient             preliminary
           engineering investigation and consideration must be given to the effect on adjacent
           properties (development), inclusive of all private or public facilities, due to the additional
           ROW as well as the proposed roadway improvements, including proposed curb grade,
           fill and cut slopes and/or retaining walls. All alignment stationing shall progress from
           south to north or west to east. The maps shall contain sufficient detail for
           presentation to County officials andlor to the public and shall be on a 24" x 36" plan
           sheet with a scale at 1" = 20'.
IV.. 2.. 6 CONSULTANT shall prepare a preliminary engineering report and preliminary plans
           which together will describe and detail the refinement of any features in the Phase I
       Preliminary Schematics or ROW Alignment Study for the project in sufficient detail to
       indicate clearly the problems involved and the alternate solutions available to the County,
       to include the following:
       •     Typical sections proposed for project conditions.
       •     Preliminary plan and profile sheets showing the proposed geometric alignment of the
             roadway including driveways, median openings, left turn lanes, location of detour
             routes and all existing features. These plans shall include but not be limited to the
             following: the location with station and off-set distance or centerline tie of all fixed
             topography within the proposed right-of-way, including fences (type and height),
             trees, structures, utilities and other existing improvements, along with existing
             property corners (i.e., iron pins), etc., plotted on 24" x 36" standard size sheets with
             a scale of not less than 1" = 20'.
      •      Proposed roadway profile grades and elevations. Profiles are to include left outside
             top of curb (TIC), right outside TIC, left median TIC and right median TIC.
      •     Preliminary drainage area map (minimum scale 1" = 200').            The preliminary
            drainage area map shall be adequate to clearly define basic drainage structures and
            ROW requirements.
      •     Locations of existing utilities on paving plan and profile and drainage sheets. All
            existing utilities, including underground utilities, shall be located in the field by
            subsurface utility engineering if necessary, and the CONSULTANT shall ascertain
            from the utility companies any proposed improvements that will impact upon the
            project. Utility locations will be shown in plan and profile views of all phases of
            plans. All existing utility easements shall be located and shown on plans.
      hard copy materials) will be transmitted to the COUNTY as generated. When requested by the
      COUNTY in the applicable Contract, the daily download of digital data shall be accomplished
      by use of a modulator-demodulator device (modem) over a dial-up telephone line in order to
      minimize cost. The CONSULTANT shall furnish all hardware and software, which is 100%
      compatible with COUNTY system for reception of such information, at no cost to the
      COUNTY. The COUNTY shall furnish one telephone line on its end at the COUNT~s sole
      cost.
N.S CONSULTANT shaD also conform to the following survey requirements:
      IV.S.l Right Of Way - All work performed under this category shall conform to the
             requirements of Procedures and Examples Of Right Of Way Mapping, Calculation and
             Property Description Preparation for Contract SurveYing as currently promulgated by
             the Texas Department of Transportation except as otherwise provided herein or when
             such is inapplicable, in the sole opinion of the COUNTY. This work shall include, but
             not be limited to, on the ground observations and abstracting title records in sufficient
             depth to determine present property owners of record, researching title records of
             municipalities, The State of Texas, the County of Dallas and The Dallas Central
             Appraisal District to determine present property ownership, including easements, and
             property line monumentation, if any.
      IV.8..2 Topographic - All work performed under this category shall be such that the COUNTY
              can construct a Digital Map Model of the area under consideration and shall include, but
              not be limited to, all access points and improvements on private properties and existing
              rights-of-way and vertical and horizontal locations of all public and private utilities and
              sufficient research of public and private utility company records to determine existing
              rights-of-way or easements and physical location of all existing utilities. All items of
              topography shall be entered into an electronic data collector using the Dallas County list
              of Descriptors and Descriptor Codes dated October 06, 1999, or the current version
              issued by Dallas County.
     IV.8.3 Construction - All work performed under this category shall be as directed by the
            COUNTY and shall include, but not be limited to, staking centerline (CL) points, CL
            offset points, reference points, use of horizontal and vertical control points (bench
            marks) and other work normally required for construction of roads, streets, culverts,
            storm sewers and bridges.
 IV.9.3 Construction - All work performed under this category shall be as directed by
 the COUNTY and shall include, but not be limited to, staking centerline (CL) points, CL
 offset points, reference points, use of horizontal and vertical control points (bench
 marks) and other work normally required for construction of roads, streets, culverts,
 storm sewers and bridges.
 IV.9.4 Boundarv All work performed in this category shall be as directed by the
 COUNTY and shall include, but not be limited to, preparation of plats and legal
 descriptions of lands to be bought or sold by the COUNTY.
 IV.9.5 Miscellaneous - The CONSULTANT shall perform miscellaneous survey work
 as indicated in this contract or subsequent Contract Amendment(s) to include but not be
 limited to staking and referencing routes and project alignments; locating and marking
 property comers or right-of-way lines; flagging proposed right-of-way tracts during
 acquisition negotiations; and installing and determining the adjusted elevation (NGVD
 1927) following performance ofa bench mark loop.
IV.9.6 The CONSULTANT shall provide all field work to the COUNTY in digital
form which is electronically downloadable to the County's computers using Tripod Data
Systems, Inc., file transfer software Survey Link version 7.03 or the version currently
used by Dallas County, supplemented by such written data as is necessary to readily use
the digital data (e.g., sketches of instrument set-up points used in radial data acquisition).
In addition, all work delivered in digital form shall be accompanied by at least one
printout of listing of files, with descriptive titles, or a plot of the data, as applicable.
Such printouts or plats shall be constructed so as to demonstrate the usability of the
digital files. Any corrupted files shall be replaced by the CONSULT ANT at no
additional cost to the COUNTY.
IV.9.7 Partial submittals are discouraged. CONSULTANT shall be responsible for
the quality of the deIiverables. CONSULTANT shall have written quality control
procedures in place which have been approved by Director. CONSULT ANT shall
provide three (3) full size and two (2) half size copies of all plan submittals not to exceed
a total of fifteen copies of each plans set per phase not including final phase submittals or
partial submittals.
IV.9.S In the event that the CONSULTANT'S team is materially changed,
experiences a change in subconsultant, has a change of address or name,
CON"SULTAl..JT shall provide notice of said changes to COUNTY as soon as
practicable. Documentation supplied to COlJNTY for CONSULTANT'S team shall
remain as accurate as at time of proposal.
IV. 9.9 CONSULTANT shall provide, at no expense to COUNTY, reasonable minor
revisions to any phase, whether previously approved and accepted, as may be required to
satisfy the scope of services established by this CONTRACT. Approval of any phase
constitutes COUNTY'S acceptance of the design presented. After acceptance of each
phase of the Project, any revisions, additions, or modifications made at County's request
which constitute a change in the Scope of Services shall be subject to additional
compensation to CONSULTANT as agreed upon by COUNTY.
 V.7 All CONSULTANT's designs and work. product under this Contract including, but not limited
        to, Tracings, Drawings, Estimates, Specifications, Investigations, Studies, and other Documents,
        completed or partially completed, shall be the property of COUNTY to be used as COUNTY
        desires, without restriction. Copies.may be retained by CONSULTANT. CONSULTANT shall
        be liable to COUNTY for any loss or damage to such documents while they are in the
        possession of, or while being worked upon by Consultant or anyone connected with
        CONSULT ANT, including agents, employees, consultants or subcontractors. All documents so
        lost or damaged shall be promptly replaced or restored by CONSULTANT without cost to
        County.

 ,'.s IJpon completion of the construction of the Project, CONSULTANT shall prepare,           and within
        thirty (30) calendar days following final inspection or written notice from the County, deliver to
        COUNTY the reproducible Record Drawings, Record Specifications, CAD and word
        processing diskettes.



                         ARTICLE VI. COUNTY'S RESPONSmILITIES


VI.l COUNTY shall designate representatives authorized to act in its behalf All submissions shall be
      to the County Assistant Director of Engineering and Construction or the Project Manager
      responsible for the Project. Such Project Manager shall be responsible for transmission of the
      submission to the County Assistant Director of Engineering and Construction or Director.
      COUNTY shall examine documents submitted by CONSULTANT and render decisions
      pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
      CONSULTANT's work. CONSULTANT shall furnish COUNTY full documentation of all
      services performed at each Phase I milestone. Milestones shall be agreed between the parties
      and documented as a part of the project schedule.
       Four (4) weeks shall be adequate review time for all parties. Failure to timely review any
       document shall not cause a damages for delay claim and CONSULTANT'S only remedy shall be
       an extension of time reasonable for performance. Submittals found to be incomplete shall not be
       counted against COUNTY's allotted time for review.
VI.2 COUNTY shall assist CONSULTANT with utility contacts and available COUNTY data,
      samples and standards.


VI.3 CONSULTi\NT shall be entitled to reasonably rely on the accuracy of the information, reports,
      and materials which COUNTY furnishes.



VIA If COUNTY or CONSULTANT observes or otherwise becomes aware of any fault or defect
      in the Proj ect or construction of the Project, it shall give prompt written notice thereof to the
      other.
 IX.2 In the event of termination by the COUNTY, CONSULTANT shall cease all work upon receipt of
        notice of termination. CONSULTANT shall invoice COUNTY for all work satisfactorily
        completed and shall be compensated in accordance with the terms of this Contract for all work
        accomplished prior to the receipt of notice of termination. No amount shall be due for lost or
        anticipated profits. All plans, field surveys, maps, cross sections, all electronic information and
        files in accordance with Article N of this Contract, and other data, design and work related to
        the Project, shall become the property of COUNTY in accordance with Article XI.2 upon the
        termination of this Contract, and shall be promptly delivered to COUNTY in a reasonably
        organized form without restriction on future use. Should COUNTY subsequently contract with
        a new Consultant for continuation of services on the Project, CONSULTANT shall cooperate in
        providing information and shall be released or saved harmless from any acts of negligence of
        others in use of said data.

IX.3 If the termination of this Contract is due to the failure of the CONSULTANT to fulfill its
obligations:
 •   The COUNTY may take over the project and prosecute the work to completion by contract or
     otherwise. In such case, the CONSULTANT shall be liable to the COUNTY for any additional
     cost the COUNTY may incur, and

 •   The cost to the COUNTY of employing another firm to complete the required work, the time
     required to do so and other factors which affect the value to the COUNTY of the work performed
     to the date of default may, at the sole discretion of the COUNTY, be offset against the amount of
     compensation, if any, to be paid to CONSULTANT.

IX.4 Nothing contained in this Article IX shall require COUNTY to pay for any work which is
      unsatisfactory as determined by Director or which is not submitted in compliance with the terms
      of this Contract. COUNTY shall not be required to make any payments to CONSULTANT
      when CONSULTANT is in default under this Contract, nor shall this Article constitute a waiver
      of any right, in law or in equity, which COUNTY may have if CONSULTANT is in default,
      including the right to bring legal action for damages. Default shall include, but not be limited to,
      the failure to complete CONSULTANT'S work in accordance with the performance schedule.

IX.S TIME OF THE ESSENCE: CONSlJLTANT understands and agrees that time is of the essence
       and that any failure of the CONSULTANT to complete the Services of this Contract within the
       agreed Project Schedule shall constitute a material breach of this Contract.            The
       CONSULTANT shall be fully responsible for any delay or failure to use diligent effort in
       accordance with the terms of the Contract by CONSULTANT, its consultants or
       subconsultants, surveyors or other parties employed by CONSULTANT. Where damage is
      caused to the COUNTY due to the CONSULTANT's failure to perform in these circumstances,
      the COUNTY may withhold, to the extent of such damage, CONSULTANT'S payments
      hereunder without waiver of any of the COUNTY'S additional legal rights or remedies. Neither
      the CONSULTANT nor the COUNTY will be responsible for delays associated with review
      periods by the COUNTY and/or a participating city(ies) in excess of the agreed Project
      Schedule.
        CONSULTANT, including agents, employees, consultants or subcontractors. All documents so
        lost or damaged shall be promptly replaced or restored by CONSULTANT without cost to
        COUNTY.


 XI.) Upon completion of the construction of the Project, CONSULTANT shall prepare, and within
       thirty (30) calendar days following final inspection or written notice from the COUNTY, deliver
       to COUNTY the reproducible record drawings, record specifications, CAD and word
       processing diskettes.


 Xl.4 CONSULTANT shall maintain, for a minimum of four (4) years from the termination date of this
       Contract all Project information and data including but not limited to items listed in this section,
       with full and immediate access allowed to authorized representatives of the COUNTY,
       immediately upon request, for any purpose. COUNTY or its authorized representative, shall
       have the right to make copies of any and all documents, books, backup documents, electronic
       data or files, or other items designs and work product under this Contract including, but not
       limited to, tracings, drawings, estimates, specifications, investigations, studies, and other
       documents, completed or partially completed or supporting or utilized to produce such items at
       COUNTY's cost.


                 ARTICLE XII. GENERAL, SUPPLEMENTARY AND SPECIAL
                         CONDITIONS: CONTRACT ADMINISTRATION


This Contract shall be administered on behalf of COUNTY by its DIRECTOR, and CONSULTANT
shall fully comply with any and all instructions from said DIRECTOR. The DIRECTOR shall act as
referee in all disputes under the terms of this Contract between the parties hereto. The DIRECTOR and
the CONSULTANT shall negotiate in good faith toward resolving such disputes. In the event the
DIRECTOR or the CONSULTANT are unable to reach an acceptable resolution of disputes concerning
the work to be performed under this Contract, the DIRECTOR shall present unresolved disputes arising
under the terms of this Contract to the Commissioners Court. The decisions of the Commissioners
Court as it pertains to unresolved disputes shall be final and binding. Violation or breach of contract
terms by the CONSULTANT may be grounds for termination. Any additional or increased cost arising
from the termination shall be paid by the CONSULTANT.


                    ARTICLE xm INDEMNIFICATION AND INSURANCE


XIll.l Approval and acceptance of CONSULTANT's work by the COUNTY shall not constitute
       nor be deemed a release of the responsibility and liability of the CONSULTANT, its
       employees, subcontractors, agents and consultants for the accuracy and competency of
       their work; 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 work
       prepared by the CONSULTANT, its employees, subcontractors, agents or consultants. In
       this regard, the CONSULTANT shall defend, hold harmless and indemnify the COUNTY
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Cockrell Hill Road Project 31202-Freese & Nichols                                                   16
 XlII.3 Without in any way limiting or restricting the indemnification and defense agreement
        stated above, CONSULTANT agrees that it is the intention of the parties hereto that
        Consultant and its insurers bear the entire risk of loss or inj ury to any of
        CONSULTANT's         employees,     "borrowed   servants",      agents, representatives,
        subcontractors, vendors, materialmen, or any other person present on the premises or
        performing any other act or service on CONSULTANT's behalf or at its request, without
        seeking any contribution therefor from any Indemnitee or its insurers.
 XIll.4 INSURANCE. The CONSULTANT, at CONSULTANT's sole cost, shall additionally purchase
        and maintain in full force and effect the following minimum insurance coverage during the term
        of this Contract. Such insurance shall be in the amounts and in full compliance with the
        following terms and conditions:
        XIll.4.1 Within ten (10) days after the Effective Date of this Contract, COUNTY requires and
                CONSULTANT agrees that the following insurance coverage will be met and in effect
               for the life of the awarded contract and any renewal or extension, prior to any delivery of
                any service and/or performance of work. All policies shall be issued by an insurance
               company acceptable to COUNTY and authorized to do business in the State of Texas,
               having a rating of A or better by A.M.Best Co. CONSULTANT will submit verification
               of coverage to the Dallas County Public Works Department, showing Dallas County as
               the certificate holder, within ten (10) days after the Effective Date of this Contact and
               prior to and as a condition precedent to the commencement of any work or delivery.
               COUNTY will neither be responsible for nor authorize payments for services rendered
               without having the applicable certificates on file. All insurance cost including any
               deductibles, which shall not exceed ten percent (10%) of the coverage shall be paid in
               full by CONSULTANT without cost to or contributions from COUNTY. The following
               minimum insurance coverage is required:
               Xill.4.1.1 Workers' Compensation Insurance in the amount and in compliance with the
                      provisions as provided for by Texas Law as established by the Texas Workers
                      Compensation Act, Title 5, Subtitle ~ Texas Labor Code for all of his
                      employees assigned to operate or work under this Contract. In the event the
                      CONSULTANT elects to sublet any work, CONSULTANT shall require
                      subcontractors to provide Workers' Compensation Insurance for all of the
                      latter's employees unless such employees are afforded protection by the
                      CONSULTANT.
                      This insurance must be endorsed with a Waiver of Subrogation Endorsement,
                      waiving the carrier's right of recovery under subrogation or otherwise fr01TI the
                      COUNTY.
              XllI.4.1.2 Comprehensive General Liability Insurance, including Contractual
                     Liability - Commercial General Liability Insurance coverage shall carry limits of
                     One Million and 001100 Dollars ($1,000,000.00) for bodily injury and property
                     damage per occurrence with a general aggregate of One Million and 00/1 00
                     Dollars ($1,000,000.00), and a products and completed operations aggregate of
                     One Million and 001100 Dollars ($1,000,000.00). There shall not be any policy
                     exclusion or limitations for contractual liability covering the Contractor's
                     obligations herein; personal injury/advertising liability; medical payments; fire
                     damage, legal liability; broad form property damage, and!or liability for
MCIPIENGINEERING SERVICES CONTRACT 11/20/07
Cockrell Hill Road Project 31202-Freese & Nichols                                                  18
         XllIA..3 In addition to any other remedies COUNTY may have upon CONSULTANT's failure
                to provide and maintain any insurance or policy endorsements to the extent and within
                the time herein required, COUNTY shall have the right to order CONSULTANT to stop
                work hereunder, and/or withhold any payment(s) which become due to CONSULTANT
                hereunder until CONSULTANT demonstrates compliance with the requirements hereof
                A stop work order given to CONSULTANT by COUNTY in accordance with this
                Article shall not constitute a Suspension ofWork
        Xill.4..4 It is agreed that CONSULTANT's insurance shall be deemed primary with respect to
                   any insurance or self insurance carried by COlJNTY for liability arising out of
                   operations under this Contract.
        XllI.4.. 5 CONSl.JLTANT shall advise COUNTY in writing within 24 hours of any claim or
                   demand against COUNTY or CONSULTANT known to CONSULTANT related to or
                  arising out of CONSULTANT's activities under this CONTRACT_
        XID.4.. 6 The provisions of this section are solely for the benefit of the parties hereto and are not
                  intended to create or grant any rights, contractual or otherwise, to any other person or
                  entity,
        XIII. 4.. 7 Approval, disapproval or failure to act by the COUNTY regarding any insurance
                  supplied by CONSULTANT shall not relieve CONSULTANT offull responsibility or
                  liabilityfor damages and accidents as set forth herein. Neither shall bankruptcy,
                  insolvency or denial of liability by any insurance company exonerate the CONSULTANT
                  from liability.
        Xill.4.. 8 Acceptance of the final plans by COUNTY shall not constitute nor be deemed a release
                 of the responsibility and liability of CONSULTANT, its employees, associates, agents or
                 subcontractors for the accuracy and competency of their designs, working drawings,
                 specifications or other documents and work; nor shall such acceptance be deemed an
                 assumption of responsibility or liability by COUNTY for any defect in the designs,
                 working drawings, specifications or other documents and work prepared by said
                 CONSULT ANT, its employees, subcontractors, and agents.
        Xill.4.. 9 Standard of Care: Services provided by CONSULTANT under this Contract will be
                 performed in a manner consistent with that degree of care and skill ordinarily exercised
                 by members of the same profession currently practicing under similar circumstances.
        xm 4.10 Nothing herein contained shall be construed as limiting in any way the extent to which
               CONSULTANT may be held responsible for payments of damages to persons or
               property resulting from CONSULTANT's or its subcontractors' performance of the
               work covered under this Contract.


                             ARTICLE XIV. NONDISCRIMINATION.


As a condition of this Contract, CONSULTANT will take all necessary action to insure that, in
connection with any work under this Contract, it will not discriminate in the treatment or employment
of any individual or groups of individuals on the grounds of race, color, religion, national origin, age,
sex or physical handicap unrelated to job performance, either directly, indirectly or through contractual
or other arrangements.
 XVll.2 CONSULTANT understands that no officer or employee of COUNTY shall have any financial
       interest, direct or indirect, in any contract with COUNTY, or be financially interested, directly
       or indirectly, in the sale to COUNTY of any land, materials, supplies, or services, except on
       behalf of COUNTY as an officer or employee. Any violation of this prohibition, with the
       express knowledge of the person or corporation contracting with COUNTY shall render the
       Contract involved voidable by the Commissioners Court.

 XVll.3 CONSULTANT's reports, evaluations, designs, drawings, data and all other documentation and
       work developed by CONSULTANT hereunder shall not be disclosed to any third parties
       without the prior written approval of Director.

                                     ARTICLE XVIII. REPORT

 XVIll.l The CONSULTANT shall promptly advise the COUNTY in writing of events which may have
       significant impact upon the Contract, including but not limited to:

        Xvm.l.l Problems, delays or adverse conditions which will materially affect the ability to meet
            time schedules or goals or preclude the attainment of Project work units by established
            time periods. This disclosure shall be accompanied by a statement of any action taken, or
            contemplated, and any COUNTY assistance needed to resolve the situation.

        XVIll.1.2 Favorable developments or events which enable the CONSULTANT to meet time
               schedules and goals sooner than anticipated or to produce more work units than
              originally projected.

Xvm.2 The CONSULTANT shall coordinate all work with the Director of the Department of Public
    Works or with such other person as may be designated by him in writing.
XVllI.3 The CONSULTANT shall report progress on work undertaken to the designated Dallas
      County point-of-contact at not greater than monthly intervals.

                         ARTICLE XIX. CONSULTANT RESOURCES

 The CONSULTANT warrants that the CONSULT ANT and each subconsultant, specifically including,
but not limited to surveyors, has adequate qualified personnel in its employment and all required
transportation, equipment, materials, supplies and any and all other goods and services for performance
of services required under this Contract, or will be able to obtain such personnel, transportation,
equipment, materials, supplies and any and all other goods and services from sources other than the
COUNTY. Unless otherwise specified, CONSULTANT for the compensation received shall furnish all
personnel, transportation, equipment, materials, supplies and any and all other goods and services
required to perform the work authorized herein at its sale cost and expense. All employees of the
CONSULTANT or of any subcontractor shall have all required licenses, knowledge and experience as
will enable them to perform the duties assigned to them. CONSULTANT contracts and agrees that any
employee of the CONSULTANT or any subcontractor who, in the opinion of the COUNTY, is
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Cockrell Hill Road Project 31202-Freese & Nichols                                                22
       shall be resolved by giving precedence in the following order: (1) this CONTRACT; (2) the
       RFQ and (3) County Unified Policy for Selection of Architect/Engineers and (4)
       CONSULTANTs response to RFQ, inclusive of all data and documentation as furnished.



                                ARTICLE XXID. AMENDMENTS

XXill.l Modification - Either the CONSULTANT or the COUNTY may initiate a written request for
      a Contract Modification when, in the opinion of the requesting party, the needs and conditions
      of the Project warrant a modification. Upon receipt of a request by either party, the
      CONSULTANT and the COUNTY shall review the conditions associated with the request and
      determine the necessity of a modification. When both parties agree that a modification is
      warranted the CONSULTANT and the COUNTY shall negotiate the specific modification(s)
      and any changes in the cost, total not-to-exceed amount for the Contract, unit prices for any
      item not previously agreed upon or completion dates resulting from the modification.
XXIII.2 FeelTime Increases - Any other provision of this Contract notwithstanding, it is specifically
      understood and agreed that the CONSULTANT shall not be authorized to undertake any
      services pursuant to this CONTRACT, or any modification to the Contract or amendment
      hereto requiring the payment of any amount in excess of Cost stipulated in Article ill,
      "Compensation", requiring an extension of time of completion without first obtaining specific
      authorization from COUNTY in the form of a formal order of the Dallas County Commissioners
      Court authorizing a Modification and a written authorization to proceed from the Dallas County
      Department of Public Works.
XXIII.3 Phase IT Amendment In the event that COUNTY shall exercise its option for Phase II
      services and a mutual agreement is reached between the parties, that agreement shall be reduced
      to writing , incorporated in the terms of this Contract, and shall amend this Contract to the
      extent of the agreed provisions therein.

XXillA Approval of a modification shall be in the form of a written Modification which clearly
      defines the changes to the previously approved provision of this Contract. Said written
      modification shall be approved by the CONSULTANT, authorized by the Dallas County
      Commissioners Court by a formal order except as provided in Section 5 of this Article and a
      written notice to proceed will be issued by the Dallas County Department of Public Works.

XXID.5 The Department of Public Works may issue a written modification without prior
     approval of the Commissioners Court to extend the maximum completion date, not to
     exceed ten (10) days and when the modifications are to be accomplished within the
     previously authorized total not-to-exceed amount of the Contract and within an amount
     not more than Fifty Thousand Dollars ($50,000.00) above the previously approved
     amount, and when the modifications do not materially or substantively alter the overall
     scope of the project or the services provided by the CONSULTANT.
XXVII.4 Federal or State of Texas Funding. In the event that any Project or part thereof is funded
     by State of Texas or U. S. Government federal funding and any statute, rule, regulation, grant,
      contract provision or other State of Texas or U. S. Government law, rule, regulation or other
     provision imposes additional or greater requirement(s) than stated herein, CONSULTANT
      agrees to timely comply therewith without additional cost or expense to COUNTY.
XXVII.5 Headings. The titles which are used following the number of each paragraph are only for
      convenience in locating various provisions of this Contract and shall not be deemed to affect the
     interpretation or construction of such provision.
XXVll.6 Number and Gender. Words of any gender used in this Contract shall be held and construed
     to include any other gender; and words in the singular shall include the plural and vice versa,
     unless the text clearly requires otherwise.
XXVII.7 Counterparts. This Contract 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.
XXVll.8 Funding. Notwithstanding any provisions contained herein, this Contract is expressly
     contingent upon the availability of funding for each item and obligation contained herein for the
    term of the agreement and any extension thereto. CONSULTANT shall have no right of action
    against COUNTY in the event that the COUNTY is unable to fulfill its obligations under this
    Contract as a result of lack of sufficient funding for any item or obligation from any source
    utilized to fund this Contract or failure to budget or authorize funding for this Contract during
    the current or future fiscal years. In the event that COUNTY is unable to fulfill its obligations
    under this Contract as a result of lack of sufficient funding or if funds become alienable,
    COUNTY, at its sole discretion, may, provide funds from a separate source or terminate this
    Contract.
                                        ATTACHMENT A

     Project Specific Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects

                       PROJECT NAl\1E: Cockrell Hill Road
                            MCIP PROJECT 31202
                         PROJECT SCOPING SHEETS
                   PAVEAfENT AND ALIGNMENT TOPICS




PROJECT LENGTH: - - - -

PAVE:NrENT SECTION
PAVING DESIGN CRlTERL;\.                      8" Concrete w/6" Cement or Lime Stabilization

ROWVVIDTH:

      Existing :    Varies (60' - 100' )_

      Proposed:    _l::;;..:::O~O__
                                 '        _

PAVE1v.1ENT WIDTH:
     Existing:              Roughlv 36'

     Proposed:              4-1ane divided (similar to sections to the North)


     No. of lanes proposed:

PARKWAY:
    Proposed Width                            Roughly 19'

     Proposed Sidewalk Width                  6' (meandering)

     Parkway cross fall slope:            Maximum           4:1
                                                            ,....--,....-




                                          Minimum:          2%




                                                 - 1-
                            ATTACHMENT A

    Project Specific Agreement to Master Agreement Governing
       Transportation Major Capital Improvement Projects

                PROJECT NAl\1E: Cockrell Hill Road
                     MCIP PROJECT 31202
                  PROJECT SCOPING SHEETS
A.NY DUAL LEFT TURN LANES?            Yes- - -

                                      No      X

ANY FREE RIGHT TURN LANES?            Yes
                                            ---
                                      No      X


CRASH CUSHIONS I ATTENTUATORS INVOLVED: Yes                  --~




                                                           No - - = - -


RJ\.ll.,ROAD CROSSillGS INVOLVED:     Yes - - = = = = =

                                      No:       ......._
                                                X


NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION?

                                     Yes - - -

                                     No -..,...---




PAVEIvIENT STRUCTURE

DESIGN WHEEL LOAD:

BUS AND REAVY TRUCK TRAFFIC:         YES__=====-===-==
                                     NO -=X_ _

ROADWAY CLASSIFICATION:       Arterial




                                    -3-
                            ATTACHMENT A

     Project Specific Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects

                PROJECT NAME: Cockrell Hill Road
                     MCIP PROJECT 31202
                  PROJECT SCOPING SHEETS

SIDE STREET CONSIDERATIONS:

            TURNING RADIUS, MINIMUM           20'
                                                 ----
            PAVEMENT THICKNESS         8" to PC. 6" Beyond

CO:M:MERCIAL DRIVEWAY THICKNESS         8" to PC, 6" Bevond

CO:M:MERCIAL DRIVE WAY STRENGTH        ---

                          DRAINAGE TOPICS
STORM SEWER DESIGN CRITERIA:
    TxDOT
    CITY
    HYDRO-35
    TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEIvlENT TIllC:K1'ffiSS)      --r--   _




     MINIMlJIVl COVER LATERALS


BRIDGESIBOX CULVERTS INVOLVED              Yes - - -




100 YEAR FLOOD PLAIN CONSIDERATION          N/A FT FREEBOARD




                                 -5-
                                 ATTACHMENT A

      Project Specific Agreement to Master Agreement Governing
         Transportation Major Capital Improvement Projects

                   PROJECT NAME: Cockrell am Road
                        MCIP PROJECT 31202
                     PROJECT SCOPING SHEETS

                                   UTILITIES
LIST OF ALL KNOWN UT~ITIES:

Oneor
ATMOS
AT&T
Time Warner
City of DeSoto (Water & Sewer)

DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve
Stations) FOR OUR uIILITY PARTh"'ERS: None known

ARE UTILITIES ON EXISTING STREETR.O.W.?           Yes_

DO   UT~ITIES   OWN THEIR R.O.W. OR HAVB PREVIOUS EASE11ENTS?               No

HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)?       ~_


ANY SPECIAL CONSIDERATIONS? _____.__-_ _

                            R-O-W ACQUISITION
RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION
ALONG WITH DATA FOR RISK ASSESSMENT: N;::....::..:::.on=e-=kn=o:::;,..:;.wn~o _

ANY NON-ROUTINE, i.e., CEMETERY, JUNK YARD, OLD CHURCHES, SERVICE
STATIONS, CONTA1YIINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS,
TRJ\ILER PARKS, TREE ORDINANCES? "YES                  NO ======'~_

A-NY NON-CONFORJvIING ISSUES?          YES         _
                                       NO     X

R-O-W MAP NEEDED                                           "YES    X

                                                           NO _ _



                                      -7-
                                   ATTACHMENT A

     Project Specific Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects

                    PROJECT NAME: Cockrell Hill Road
                         l\1CIP PROJE·CT 31202
                      PROJECT SCOPING SHEETS
IRRIGATION?           Yes, at median tip. Drip irrigation for entire length.

BRICK PAVERS?         No

STREET LIGHTING?               Yes, 150' spacing, standard square pole light at Mountain Laurel
30' height. Similar to section on north side.

TRAFFIC SIGNALS?             Yes. at Mountain Laurel and Parkerville (if warranted).

PAVE1vfENT l\1ARKINGS?               Similar to north side.

BIKE LANES (EXTRA WIDTH)? No

NEW SIDEWALKS? Yes

DART BUS TURNOUTS?           No

BUS STOPS OR BUS SHELTERS?                  No

WATER UTILITY BETTERMENTS?                  Yes_

WATER UTILITY RELOC?                 Yes

SAN. SEWER BETTERMENTS?              Yes

SAN. SEWER RELOC.?                  Possible (minor)

RETAINING WALLS?                    Most likely. not much
                                    (STONE, BLOCKS, GiillIONS, PROPRIETARY TYPES)

SOD, SEEDING, TOPSOIL?              Sad Parkway, Hvdro-mulch Medians

D~AGE Th1PROVEMENTS?                Yes

RR CROSSING IMPROVE:MENTS?                  No




                                           -9-
                                 ATTACHMENT A

    Project Specific Agreement to Master Agreement Governing
       Transportation Major Capital Improvement Projects

                  PROJECT NAME: Cockrell Hill Road
                       MCIP PROJECT 31202
                    PROJECT SCOPING SHEETS

                      CONSTRUCTffiILITY REPORT
FROM INSPECTION STAFF, DOCUMENT-AU?! ,'!N9               iQj~UES
                                                    TIIAT MAY AFFECT
PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR
THE SAFETY OF PROJECT?

     - Traffic control plan and timing/phases coordination with school district.




                                        - 11 -
                    median top of curb.

               h. Preliminary Pavement Marking Sheets-

               i.   Preliminary Erosion Control Plan

              j.    Cross sections to determine impacton 'adj-acent properties .and.cut/fill requirements

               k    Preliminary construction sequencing plans


 SPECIAL SERVICES:. FNl shall render the following professional services in connection withthe development
 of the Project:

 A      CockrellHill Road from Be1tline Road to Parkervi11e Road



               a. FNI will update the topographic survey of Cockrell Hill Road which will include locating
                  existing visible features and cross sections every 50-feet Underground utilities will be shown
                  from'recorddrawings providedby the 'City. Survey maps win he prep-ared showing existing
                  features and one-foot contours. Outside limits of large groups of trees within the project limits
                  "Will be established.

              b. Horizontal and vertical monumentation control for the construction improvements will be
                 established at 1000-foot intervals outside of the construction limits.

              c. Exhibit drawings along with metes and bounds descriptions will be preparedby the surveyor for
                  eachright-of-way parcel and slope easement required for the widening project. Property corners
                  will be established in the field for new right-of-way parcels. Exlnbit drawings only will be
                 .prepar.ed-for-each-tempor.ary.-cotlStruction-easemenuequir.edfoI-eons.tr.u.cti.on..-r-lhe-PUIPose
                  of this contract, it is assumedthat the following survey documents willbe required along with
                  the associated costs;

                    60 Right of Way Documents
                    20 Permanent Easements
                    40 Temporary Construction Easements

                    The contract amount will be modified accordingly when the actual number of parcels are
                    identified .at completion of schematicdesign


ADDITIONAL SERVICES: Additional Services to be performed by FN1, if authorized by OWNER, which
are not included in the above descnbed basic services, are d.escnbed as follows:

A.       Field layouts or the furnishing of constructionline and grade surveys other than the monumentation
         described in Basic Services.

B.       GIS mapping services or assistance with these services.

C.       Providing renderings, model, and mock-ups requested by the OWNER.

C:\DOCUME~ 1\user\LOCAL8-1 \Temp\Cockrell   Hill Scope.doc                                         FNI- - -
                                                             B-2                                OWNER_-_ _
 U.        Providing services made necessary because ofunforeseen, concealed, or differing site conditions or due
           to the presence of hazardous substances in any form.

 V.        Providing services to review or evaluate construction contractor(s) daim(s), provided said claims are
           supported by causes not withinthe control of FNI.

 W.        Providing value engineering studies or reviews of cost savings proposed by construction contractors
           after bids have been submitted

 X         Preparing statements for invoicing or other documentation for billing other than for the standard invoice
           for services attached to this professional services agreement.

 Y.        Provide follow-up professional services during Contractores warranty period.

 Z.        Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNE~ for
           substitutions of equipment and!or materials or deviations from the drawings and specifications.

 A.A.      Providingservicesto review orevaluate constructioncontractons) claimrs), supported by causes not
           within the control of FNI are an additional service.


TIl\tl...E OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the Cockrell Hill Road design according to the attached schedule,
Attachment D.

If Fbll's services are delayed through no fault ofFNI, FNI shall be entitled to adjust contract schedule consistent
with the number of days of delay. These delays may include but are not limited to delays in OWNER or
regulatory reviews, delays on the flow of information to be provided to FN1, governmental approvals, etc. These
delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in
Attachment CO.


DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:

Owneres Designated Representative -                        Tom Johnson, P.E.
                                                           211 E. Pleasant RlID Road
                                                           DeSoto, Texas
                                                           Phone: (972) 230.;9614
                                                           Fax.: (972) 230-5818

FNI=s Project Manager-                                    B. Caleb Thornhill, P.E.
                                                          1701 N. Market si, #500, LB51
                                                          Dallas, Texas 75202-2001
                                                          Phone: (214) 217-2282
                                                          Fax: (214) 217-2201
                                                          E-mail: bct@freese.com

FNI=s Accounting Representative-                          Bill Grozdanich
                                                          1701 N. Market 81., Suite 500, LB51
                                                          Dallas, Texas 75202-2001
                                                          Phone: (214) 217-2254
                                                          Fax: (214) 217-2201
C:\DOCUlIAE-l\user\LOC.A.L&-l \1 emp\Cockrell Hill Scope.doc                                      FNI- - -
                                                                  B-4                           OWNER
                                                                                                         ---
                                                     ATTACHMENT C

                                                     COMPENSATION

 A.        Basic and Special Services: Compensationto FN1 for the Services in AttachmentB shall be the lump
           sum of One Hundred Fifty-Six Thousand and Nine Dollars ($1.56,009).

                     Basic Services                              $113,309
                     Special Services                            $ 42,700
                     Total                                       $156,009

           If FNI sees the Scope of Services changing so that additional services are needed, FNI will notify
           OWNER for OWNER's approvalbefore proceeding. AdditionalServicesshall be computed based on
           the Schedule of Charges.

 B.        Schedule of Charges for Additional Work:
           POSITION                                                         :MIN         MAX
           PRINCIPAL                                                         200          260
           GROUP MANAGER                                                     200          260
           SENIOR ENGINEER                                                   155          205
           ENGINEER (PE)                                                    115           165
           ENGINEER (EIT)                                                    85           120
           ELECTRICAL ENGINEER                                               85           170
           MECHANICAL ENGINEER                                               70           170
           ENVIRONMENTAL SCIENTIST                                           55           160
           ARCHITECT                                                         55           150
           LANDSCAPE ARCIDTECT                                              1.00          150
           SENIOR URBAN PLANNER                                             125          200
           URBAN PLANNER                                                     70          100
           SR. CONSTRUCTION CONTRACT ADMINISTRATOR                          105          150
          CONSTRUCTION CONTRACTADMINISTRATOR                                 70          115
          -GISCOORf5INATGR                                                  [05          115
          GIS ANALYST                                                        60          100
          DESIGNER                                                           50          130
          TECHNICIAN                                                         45          100
          OPERATIONS ANALYST                                                 75          105
          CONTRACT ADMINISTRATOR                                             65           95
          WORD PROCESSING/SECRETARIAL                                        45           85
          CO-OP                                                              45           60

          The ranges and individualsalaries will be adjusted annually.




C:\DOCUME-l \user\LOCAL&-l \Temp\Cockrell HilI Scope.doc
                                                           c.i                            OWNER._ _
                               ATTACIIl\fENT "D"


                                SAMPLE INVOICE

                            ON FIRM'S LETTERHEAD

ROAD NAME AND LIMITS                      DATE OF INVOICE
COUNTY PROJECT NUMBER                     INVOICE NUMBER
COUNTY COURT ORDER NO.
(AUTHORIZING CONTRACT)
DATE OF COURT ORDER
ORIGINAL CONTRACT AMOUNT
NUMBER Al'TJ) AMOUNT OF                   TOTALCONT~ACTAMOUNT
AMENDMENTS
BASIC ENGINEERING
SERVICES FEE
SPECIAL SERVICES FEES
(AS ITEMIZED IN CONTRACn
TOTAL INVOICE AMOUNT
PREVIOUS PAYMENTS
                                             AMOUNT DUE
The undersigned certifies that the amount due represents payment for actual work
performed, delivered to COUNTY, and accepted by COUNTY as satisfactory which has
not previously been paid.
SIGNATURE OF PROJECT MANAGER OR PRINCIPAL
Name, Title and Office of Evaluator           Name, Title and Office of Reviewer

                       .


 PhoneNo.                                     Phone No.
 Signature:                           Date:   Signature:                           Date:




DIstnbutiOn:




Remarks:
                                                   Al"l'At..;HMEN'I' "'"11'77


                                           EY ALUATI9N OF DALLAS COUNT¥ .

                          BY CONSULTING FlRL\1::
                                                        ------------------
," DESIGN ,CQNTRACT NO.:_·"                ----:.._
. DALLAS CO. ENGlNEER:' _',-'-----.-.:.---:......-_-


                       ATTRIBUTES                         OUTSTANDING                        SATISFACTORY                            NEEPS
                                                                                                                      IM:PROVErvIENT

   Good Coordination with Consultant
                                                                                                                         :
   Timely Review & Provision of Comments on                                                               ..
   Deliverables
   Reasonable with DesignChanges
   Meetings Conducted Professionally and on time

   Timely Processing of Invoices
   No Unreasonable Demands Made on Consultant's
   Time
   Willingness toListen to Consultant ,s Ideas
                                                                                         "


   Clear Definition of Scopeof Services                                                                                      '   '




   Deadlines are reasonable

   Specifications/design criteria are
   -,---" -'       ......                                    ._.   --   ~   -,-_.._ --             .- .._-,--_._- -                     --_ .. _-


   Supplemental agreements handled fairly and on time
   Consistency of design comments for each review
   Resolution of conflicting review comments

   Fees are commensurate with effort of work
   requested
 REMARKS:
                                                                                             .'.




 D BD:dlc/EvalBj'Co nsultant
                                                          COURT ORDER
ORDER NO.           2008 0132
DATE        JANUARY 15, 2008

STATE OF TEXAS

COUNTY OF DALLAS

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

held on the     15 th     day      _ _--'''-----         , 2008, on motion made by John Wiley Price, Comm No.3, and

seconded by Kenneth A.                             Carom. No , 4the following order was adopted:

WHEREAS,          the matter set forth below was presented to Commissioners Court in briefmg on January 8, 2008; and

VVHEREAS,         the City ofDallas and Dallas County entered into an agreement to fund the US 75 at Bryan Street MCIP Project 30218 asper
                  Commissioners Court Order 2004-1933; and

WHEREAS,          the total project cost is estimated to be $4,057,000 of which Dallas County will provide $1,617,000, including In-house
                  Project Delivery Costs of $7,000 and the City will be responsible for the remainder, ($2,440,000); and

WJIEREAS,         written request has been received from the City of Dallas to be the Lead Agency for this project in accordance with the
                  MASTER AGREEI\1ENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS, as
                  authorized by Court Order 2001-814, dated April 24, 2001; and

\\!HEREAS,        there are currently funds available for the project in MCIP Fund 196, Project 8201; and

WHEREAS,          the Director of Public Works recommends the attached Project Supplemental             l'Yr"""',....,.,Prlt   with the City of Dallas be
                  executed.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the attached Project
Supplemental Agreement with the City ofDallas for the US 75 at Bryan Street MCIP Project 30218 in the amount of$1,617,000 less County in-
house project delivery costs of $7,000 be executed and to be paid from MCIP Fund 196, Project 8201.

                                        15th




                                                    t../'}.fJ. ~ IJ
                                                         l f.J /4
                                                             .
                                                   ~IV~
                                                   D~nald R. Holzw~E.,                     "   . //"?

                                                    Director of Public Works               L/1<
                                                                                          /IIi:J
   2.   Project Scoping Sheets, as shown in ATTACHMENT "A".
   3.   The J\1EMORANDUM OFAGREE!\1ENT between City and Dallas Area Rapid Transit
         (DART), as shown in ATTACHMENT "B".
   4.   CURRENT COST ESTIM..A..TES AND FUNDING SOURCES, as shown in ATTACHMENT
         "C" .
   5.   PROPOSED PROJECT SCHEDULE, as shown in ATTACHMENT "D".

                                          ARTICLEID
                                      TERM OF AGREEMENT

 This PSA becomes effective when signed by the last party who's signing makes the respective
 agreement fully executed (The "Effective Date") and shall terminate upon the completion and
 acceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions in
 the MASTER AGREE1vfENT, Article IV. Section 1, Termination.

                                          ARTICLE IV
                                     PROJECT DESCRIPTION

This PSA is entered into by the parties for public transportation improvements to US 75 @ BRYAN
STREET PROJECT 30218, as more specifically described in ATTACHMENT "A", Project Scoping
Sheets. This project will facilitate the movement of public transportation to benefit both the CITY and
COUNTY. The CITY has arid hereby does give its approval for expenditure of COUNTY funds for
the construction, improvement, maintenance, or repair or a street located within the municipality.

                                               Article V
                                         FISCAL FUNDING

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability
of COUNTY funding for each item and obligation contained herein. CITY shall have no right of
action against the County of Dallas as regards this PS~ specifically including any funding by
COUNTY of the Project in the event that the COUNTY is unable to fulfill its obligations under this
PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to
fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the
current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in
whole or part, the COUNTY, at its sole discretion, may provide funds from a separate source or
terminate this PSA In the event that payments or expenditures are made, they shall be made from
current funds as required by Chapter 791, Texas Government Code.



Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability
of CITY funding for each item and obligation contained herein. COUNTY shall have no right of
action against the CITY as regards this PSA, specifically including any funding by CITY of the
PROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result ofthe
lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or
failure of any funding party to budget or authorize funding for this PSA during the current or future
PSA.City ofDallas for US 75 @ Brvan Street                                                             2
MCI? 30218
10-08·07
                                                1:                   .        j
            PAVING and DRAINAGE Al\1ENlTlES or UTILITY BETThKMENTS bid is rejected, it will
            not be included in the construction contract.

                                                ARTICLE VIII.
                                     COUNTY COVENANTS AGREES AS FOLLOWS
      1.      COUNTY agrees to participate in the CITY-led project as a funding participant. COUNTY
              will retain right to review plans, change orders and amendments during construction..

                                                     ARTICLE IX.
                                                      FUNDING

 COUNTY AND CITY mutually agree to proportionately fund the DIRECT PROJECT and
 PROGRAM costs as follows.
1.   The CITY will be responsible for all costs; which are currently estimated not to exceed Four
     Million Fifty-seven Thousand and no hundredths Dollars ($4.. 057.000.00). If the total
     project costs should exceed this amount, the CITY agrees to amend the project's scope to remain
     within the current estimated not to exceed amount or be responsible for all additional project
     costs.
2.   CITY agrees to encumber an amount adequate for total estimated project costs as determined
     prior to the commencement of each PROJECT milestone as determined by DART within 30
     days of notification by DART. The CITY will pay project costs as invoiced by DART in
     accordance with the Texas Prompt Payment Act.
3.    COUNTY agrees to provide funding in the PROJECT not to exceed amount of One Million
      Six Hundred Seventeen Thousand Dollars and no cents.($1,617.000.00), reduced by all
      COUNTY in-house delivery costs of the total project cost. Project costs may include all
      COUNTY project delivery costs including but not limited to preliminary scoping and research,
      preliminary design services, special services, primary design services, inspection, laboratory
      services and construction.
 4.         Project delivery costs are estimated to be 43 percent of the total amount of the not to exceed
            amount to be provided by COUNTY. Retention of such amount by COUNTY shall be by
            deduction for each CITY Project invoice at the amount of cost utilized by COUNTY for the
            invoice period.




                                                       ARTICLE X
                                                     MISCELLANEOUS
   A.      No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of the
           parties hereto and not for the benefit of any third party. It is the express intention of CITY and
           COUNTY that any entity other than CITY or COUNTY receiving services or benefits under this
           PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the
           contractual right and responsibilities of the parties hereto.


PSA-Cttv ofDallas for   us 75 rtUBryan Street                                                                4
MCIP30218
10-08-07
            -- -- ------ r--·------ ---- --_.-- ----- -------------- ---------;; ---- ------- ---- ------- ----                    ---------------0

            provisions of this PSA, which shall remain in full force and effect.
      K.    Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all
            oral or written previous and contemporary agreements between the parties and relating to
            matters in the PSA.




                The City ofDallas, State of Texas, has executed the Agreement pursuant to duly

   authorized City Council Resolution 071~3l, Minutes                                  Dated the ~day of JUNe , 2oo~7

             The County of Dallas, State of Texas, has executed this agreement pursuant to

  Commissioners Court Order Number                               and passed on the 15 th day of               January, 206~.

  CITY OF DALLAS, TEXAS                                                             COUNTY OF DALLAS




  By:




 Approved as to Farm:                                                               APPROVED AS TO FORM*:
 THOMAS P. PERKINS, JR.
 CITY AT,::PORNEY
            /     /
        b   /./




                                                                                              BOB SCHELL
                                                                                              CIDEF CIVIL SECTION
                                                                                              *DISTRICT AITORNEY'S OFFICE


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




PSA-City ofDallas for US 75 @Bryan Street
MCIP30218
                                                                                                                                               6
10-08-07
                                        ATTACHMENT A
  Project Supplemental Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects
                                  PROJECT SCOPING SHEETS
                      ProjectName: US 75 at Bryan Street Project
                                MCIP Project 30218

        PROPOSED             0.3%-2.0%

        .MINIMUM

        MAXIMUM



MEDIANS

MEDIA.N WIDTH                Variable

ANY MID BLOCK OPENINGS TO CONSIDER?                         ~ YES     0   NO

ANY SIDE STREETS TOO CLOSE FOR OPENING?                     [gJ YES   0   NO

STANDARD TU~'J" LANE WIDTH                       11 ft

STANDARD NOSE WIDTH                              5 ft

PARKWAY:

        Proposed Width                           Variable

       Proposed Sidewalk Width                   5 ft

       Parkway cross fall slope maximum          3: 1


GRADE REQUIREMENTS:

Is TC 6" below adjacent ground criteria to be followed?     0   YES   [gJ NO

Any deep cuts, high fills?     ~ YES      0     NO

VERTICAL GRADE:

       MINIMUM          0.5 0/0

                         7.0 %

                                              pg 2 of9
                               ATTACHMENT A
  Project Supplemental Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects
                          PROJECT SCOPING SHEETS
                   Project Name: US 75 at Bryan Street Project
                              MCIP Project 30218

 MINIMUM PAVEMENT STRUCTURE THICKNESS:                      11 in

 MINIMUM PAVEMENT BASE OR SUBGRADE THICIG.~SS:              8 in

 DESIGN SPEED         Varies

 POSTED SPEED         Varies



DRIVEWAYS
MAXIMIMUM RESIDENTIAL GRADE (%)                      N/A

MAXIMIMUM COMMERCIAL GRADE (%)                       N/A

MINTh1UM COMMERCIAL DRNEWAY WIDTH                    N/A

SIDE STREET CONSIDERATIONS:

             TURNING RADIUS, MINIMUM                 N/A

               PAVEMENT THICKN'ESS                   N/A

COMMERCIAL DRIVEWAY THICKNESS                        N/A



                               DRAINAGE TOPICS
STORM SEWER DESIGN CRITERIA:
o  TxDOT         [:gJ CITY                 D   HYDRO-35     D TP-40
INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS)                   48 in

MINWUM COVER FOR LATERALS              48 in

BRIDGES/BOX CULVERTS INVOLVED?             D   YES  ~ NO
If yes, specify involvement: D BRIDGE(S)   D   BOX CULVERT(S)




                                       pg 4 of9
                                   ATTACHMENT A
  Project Supplemental Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects
                             PROJECT SCOPING SHEETS
                     Project Name: US 75 at Bryan Street Project
                                MCIP Project 30218
DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS?
 D   YES          L8J NO      D  UNDETERMINED
If ye~,_p~_~'lse describe below:




HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)?
L8J YES   D NO
ANY UNUSUAL CONSIDERATIONS?               L8J   YES      D    NO
Ifle.~'_E!~.~se document below:
 Large Scale Urban Reconstruction




                                  R-O-W ACQUISITION
RIGHT OF WAY CONSTRAINTS, IF AL1\IY, PROVIDE A LIST AND DESCRIPTION
ALONG WITH DATA FOR RISK ASSESSMENT:      D YES     L8J NO



ANY NON-ROUTll\TE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE
STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS,
TRAILER PARKS, TREE ORDINANCES? L8J YES   D NO
If yes, please define below:
 Project underneath main lanes of Central Express Way



A.~Y   NON-CONFORMING ISSUES?            L8J    YES     D     NO

R.O.W. MAP NEEDED?                       D      YES     L8J   NO

FIELD NOTES NEEDED?                      D      YES     L8J   NO

R.O.W. PLATS NEEDED?                     D      YES     L8J   NO


                                         pg 6 of9
                                    ATTACHMENT A
  Project Supplemental Agreement to Master Agreement Governing
        Transportation Major Capital Improvement Projects
                               PROJECT SCOPING SHEETS
                      Project Name: US 75 at Bryan Street Project
                                 MCIP Project 30218

NEW SIDEWALKS?                C8J   YES     D     NO

BUS TURNOUTS?                 D     YES    C8J    NO

BUS STOPS OR BUS SHELTERS?                 DYES            [g] NO

WATER UTILITY BETTERMENTS?                 D      YES      [g] NO

WATER UTILITY RELOC.?                      D      YES      [g] NO

S~~. SEWER BETTERMENTS?                    D YES           [g] NO

SAN. SEWER RELOC.?                         D      YES      [g] NO

RETAINING WALLS?                           [g] YES      0 NO
If y~s, please specify wall type (stone.blocks, gabions, proprietary types, etc.):
     M.S.E



SOD, SEEDING, TOPSOIL?
o SOD            0    SEEDING         0   TOPSOIL           C8J   OTHER:      Various

DRAINAGE Th1PROVEMENTS?                     C8J   YES       D     NO

RR CROSSING Th1PROVEMENTS?                  [g] YES         D     NO          o N/A
GRADE SEPARATIONS?                          D     YES       [gJ NO

RAMPS OR CONNECTORS TO TxDOT FACILITIES?                      [g] YES        o       NO
Ifyes, please specify facility(ies) below:
        Central Express Way




                                               pg 8 of 9
ATIACHlV1ENT "B"
                                                           c·
July 7,2006
Mr. Gary Thomas
Page 2


•    $1,610,000 is programmed for this project by Dallas County. Of this amount,
     $650,000 is currently available, and the remaining $960,000 will be available in
     October 2006. The Dallas County funding will be provided through a project specific
     agreement (PSA) with the City of Dallas. Because Dallas County's funding
     arrangement is a "pay as you go" plan, their preference is to pay monthly (or
     incrementally) as the work is invoiced. Unless there is a statutory requirement that
     all local funding be escrowed in advance, Dallas County' will make incremental
     payments to the City of Dallas which will in turn be sent to DART. Incremental
     payments can begin as soon as the PSA is authorized and executed and as work is
     completed.

If you have questions or need additional information, please contact Alan Hendrix, P.E.,
at 214-670-4262.                                        . .




c:      David C. Oybala, P.E., Director, Public Works and Transportation
        John C. Brunk, P.E., Assistant-Director, Public Works and Transportation
        Alan Hendrix, P.E., Program Manager, Public Works and Transportation
        David Recht, P.E., Project Manager, Public Works and Transportation
        Don Holzwarth, P.E., Director, Dallas County Public Works
        Alberta Williams, P.E., Assistant Director, Dallas County Public Works
        Reza Shirmanesh, P.E., Project Manager, DART
ATTACITh1.ENT "D"
                                                      i        CITY LEAD PROJECTS (
                                                               PFES Cost Projections
                                                                                                                                            Required Input
Project Number:                            30218                       Project Name:                                                       US 75 @ Bryan
                                                                                        --
Program Year:                              PY 07                       Project Manager:                                                       Hamid Baha

County: $                              $1,617,000                      County: 0/0                                                                    50%
City Lead:                             $2,440,000                      City: %                                                                        50%
Total                                  1$4,057,000                                                                                                   1000/0

                                                                                                                                           Cost Projection

                             IilfBY Consultant
                                        1010 SUE
                                       11010 SURVEY
                                       11010 GEOTECH / SPECIALTV
                                        County Participation
                                                                                                                                                        $0

                           _ R O W Professional Services
                                       Utilities/Railroad
                                       Acquisition
                                      ICounty Participation
                                      I                           ~                                                            u    .,                  $0

                                           In House Project Delivery Cost
                                                  Planning                                                                                              $0
                                                  Project Management                                                                                $3,394
                                                  Design                                                                                            $1,514
                                                  ROW                                                                                                   $0
                                                  Construction                                                                                         $0
                                                  General Support                                                                                  $2,091
                                                                     ~"~
                                                                   ! · }.:~".,."
                                                                         ·'r::               0':'
                                                                                                         .~.
                                                                                                           •
                                                                                                               "':;'Tt.~t
                                                                                                                '.. . . . . ,9
                                                                                                                               1                   $7,000
.....      ,..,.     ...          •
                                      lI
                                           n Y   C ontractor
  r: .:                           :&       L.J


                                      [Lab Testing
                                       County Participation                                                                                    $1,610,000
                                                                       '..
                                                                       '.    ....   . .,
                                                                                    ,   >'~."-
                                                                                                    ..
                                                                                                                       .> ' . - •. ,.
                                                                                                                       _y ··>:\IOlal           $1,610,000

          ",hi"" "
                                                                                                                                               $2,440,000
                                                                   I
                                                                                                               "
                                                                                         i                         .    'ii'       Total       $2,440,000

Total County Project Cost                                                                                                                          $7,000
                                                                                                                        ,

GRANDTOTAL                                                                                                                                     $4,057,000


Comment: Add an lI*n next to any $ figure that needs to be looked at a later time

            K:\Public Works Files\Program Management\Project Funding and Expenditure Status                                                     8/3/2007
l   l
                                                                                                      COUNCIL CHAM BER
        <
        , '   .                                                                                           •   :~'.   f   •




                                                                                                    ('I '     ~':,.'         :',: ",':"':)

                                                                                                  .'JanUary '10,2001
                                                                                  ,   ,      '"0 ! r: :~.,.., ' " ' 1 '
                                                                                                                     r                       I


          WHEREAS, Dallas County has developed a Master - Agreerllent,:' gQV~~.nln-f
          Transportation Major Capital Improvement projects; and,            . . . v,'

            WHEREAS, the Master Agre~f1!ent will be supplemented in the future to address the
            specific needs of individua,' p~oj~cts; and,                                '

            WHEREAS, the City of Dallas desires to enter into a Master Agreement with, Dallas
            County in' order to streamline the current process and expedite agreement execution,

              Now,Therefore,

              BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

              Section 1.     That the City Manag,er is hereby authorized, to enter intc a Master
              Agreement governing Transportation Major Capital .Irnprcvernent projects with Dallas
              County for future transportation projects, subject to such modifications as are proposed,
              by the City of Dallas and Dallas County.

              Section 2. That the City Manager is hereby authorized to execute the agreement after
              it has been approved as to form by the City of Attorney.          .

              Section 3. That this resolution shall take effect immediately from and after its passage
              in accordance with the provisions of the 'Charter of the City of Dallas and it is
              accordingly so resolved.

              Distribution:     Public Works and Transportation, Sandra Williams, OCMC, Room 101
                                Public Works and Tran~p9.rt~tLClnl T~rnl Wllson., L1BN
                                C-ity -Attorn-ey "   ,-
                                Office of Financial Services, 4FS




                                                                    APPROVED BY
                                                           CITY COUNCIL

                                                                    JA,-!   10 2001

                                                              ~9~
                                                               City Secretary


                                                                                                                         ,        't
                      .
                  APPROVEO
                              ~.C.      I---                                              A""OVEO   ~."                          .~~
                                                                                                                                     CiTY MARA"'"
                          ~D"AATM'"T
,   .
    '\




           compensation of'.employees for the time devoted and identified specifically to the performance of
           the project or program, cost of materials acquired, consumed or expended specifically for the
           purpose of the proj ect or pro gram; equipment changes; damage claims and 'other approved capital
           expenditures; change orders; damage claims; travel expenses incurred' specifically to' carry out the
           proj ect including, but not limited to, design, right-of-way, road or street drainage, utility relocation
            and adjustment and construction. Direct Cost does not include either CITY or COUNTY .general
            overhead.                      '                           "
         e) EFFECTIVE DATE: shall Il'?-ean_ the date of the signature of the last person necessary for this
            11.A.STER AGREEMENT to become effective. '
         1) INDIRECT COSTS shall mean those costs which have been incurred for common or joint
            purposes. These costs benefit more than 'one cost objective and cannot bereadily identified with a
            particular final project or program cost objective without effort, disproportionate to' the results
            achieved.                                                           .           .
         g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CITY
            and COUNTY in 'accordance with Texas Government ~ode,Chapter791 .
         h) LEAD AGENCY shall mean that entity responsible for project management, including, but not
            limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and
            construction.                                             '
         i) . rv1ASTER AGREEMENT shall mean this document including all incorporated documents,
              attachments, and exhibits.        '
         j) MEMORL\NDUM OF AGREEMENT (MOA) 'shall mean a written document which
            incorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a, minimum
            identify the overall funding scheme, and basic scope of the PROJECT.
         k) PARCEL OR PARCELS shall mean those tracts of land and improvements, located either wholly
            or partially thereon, identified by COUNTY, CITY or other ST.A.KEHOLDER as required for
            right-of-way requirements of the PROJECT.. Such Ri~t:~f-y{§.y..s.h.-aJLiI1Gl.1l.~t~both the .existing
            sfreeC-roaa,-draInage  Of other CITY or COUNTY real property ownership and all additional real
            property to be utilizedfor the PROJECT.                                                .   ,
          1) PREDESIGN CHARRETTE shall mean a meeting of decision making ST..t \KEHOLD:eRS and
             other members of the PROJECT TEAM for the purpose of entering into a MEMOR.A.NI:>tt.&1 OF
             AGREEMENT for the overall funding, alignment and scopeofthe PROJECT.
          m) PROJECT rvIANAGER shall mean the person appointed by the Lead Agency who is assigned the
             primary duty for assuring Project Team coordination and timely project delivery. There will be
             only one PROJECT MANA~ER assigned to a PROJECT.                  '
          n) PROJECT TEAM shall mean representatives from COUNTY" CITY, and other
             ST.A.KEHOLDERS as may be mutually agreed upon by COUNTY, CITY and 8TAKEHOLDER or
             otherwise with responsibility for delivering the completed PROJECT.
          0) PROJECT(S) shall mean theroad improvements approved by the COUNTY for inclusion in the
             Transportation Major Capital Improvements Program approved by the Commissioners Court and
             approved by the CITY and/orother applicable STAKEHOLDERS.
          p) ROAD or STREET AMEl'\'lTY shall mean PROJECT features not included in the STANDARD
              BASIC PROJECT 'DESIGN including but not limited to street pavers" colored concrete, planters,
              irrigation, decorative lighting, special signage, or any other feature above and' beyond the

           MASTER AGREEMENT- 11/10/00                                                                         2
,   ,                                                                                     .i
    .. ,
     .'
           Article II.        PERIOD OFTHE AGREEMENT.
                  This MASTER AGREEMENT becomes effective when signed by the last party whose
                  signing makes the respective agreement fully executed (The "Effective Date"). This l\1ASTER
                  AGREEMENT shall be an annual agreement and shall automatically renew without further
                  action by either party unless or until terminated as providedin Article IV (Termination) or the
                  expiration of ten (10) years, whichever shall first occur. .


           Article III.      AMENDMENTS


                  .This .Master Agreement may be amended with the mutual consent of the CITY and COUNTY.
                   Any ameridment must be inwriting and approved by the parties' respective governing bodies.


            Article IV.:·     TERMIN~TION,DEFAULT, TIME OF THE ESSENCE AND FORCE

                             MAJEURE
            1. 'TERMINATiON

                    A. This M.A... sTER AGREEMENT maybe terminated .b y any of the following conditions:
                          (1) By expiration of term of the agreement.
                          (2) By mutual written consent and agreement of COUNTY and CITY.
                          (3) By either party, by notice in writing.establishing the effective date oftermination to the
                          other party as consequence of the party being in default of the provisions of this Agreement
                          or any SUPPLEMENT;\L AGREEMENT or failure to timely provide funding, with proper
                          allowances being made for circumstances beyond the control of the.defaulting party.
                          {4j- By-either-party-with ni~ety· days' written notice to The0 ili.ei~ p-arty..
                    B., Should either party terminate this MASTER AGREEMENT as herein provided, all
                        existing, fully executed SUPPLEMENTAL AGREEMENT made under this M..~STER
                        AGREEMENT shall not be ' terminated' and shall automatically incorporate all the
                        provisions of this MASTER AGREEMENT.'                                   .
                    C. In the event that any SUPPLEMENTAL AGREEMENT is terminated' prior to
                       completion' of the PRO)ECT, no additional Costs shall be incurred .other than Costs due
                       and payable at the time of termination for services actually performed or that shall become
                       due and payable due to such termination, The LEAD AGENCY, to the extentpermitted,
                       may terminate         all
                                          project contracts, unless writtennotice is given by either party to the
                       other of its intent to complete the PROJECT, and prepare a final accounting' for. the.
                       PROJECT.
                    D. If the PROJECT is terminated by the CITY prior to the award of any construction contract
                       and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full
                       amount expended' by COUNTY' on the project and COUNTY shall transfer to CITY its
                       rights and all deliverables that it may be entitled to receive under the existing professional
                       services or other project contracts or agreements. Such amount shall be included in the
                       final accounting for the PROJECT. Such amount shall be due and payable. in full .~J.ety


              :MASTERAGREEMENT-ll/10100                                                                           4
Article VI.        NOTIFIC..~TION
                                                                   .                          .
        A. 'When notice is-permitted or required by this MASTER AGREEMENT, it shall be in
            writing and shall be presumed delivered when delivered in person or.three (3) days
            subsequent to the date placed, postage prepaid, in the U. S. Mail; Certified or Registered,
            Return Receipt Requested and addressed to the parties at the following address.

        B.. All notices and correspondence to County by City shall be mailed or delivered by hand as
            follows:        .                                 .
                                             Dallas County Public Works
                                             Donald R. Holzwarth, P.E., Director
                                             411   Elm Street, Suite 400
                                             Dallas, Texas 75202-3389


         C. All notices' and correspondence from County to City shall be mailed or 'delivered by hand as
             follows:        [Title of Appropriate City Official]


                                    City, Texas


         D. Either party hereto may from time to time designate another and different address for
                  receipt ofnotice by giving written notice of such change of address to the other party.

 A-r-tie-le-VII~    -C-IT¥- CO¥ENANl"'S A:ND-:A-G-RE-ES-7\-8-Fi::>-LL-eW&

         A. To execute the necessary agreements for the implementation of design and construction of
              I


            the PROJECTS mutually agreed upon and incorporated' herein by SUPPLEMENTAL
            AGREEMENT.
         B. Provide City Council Resolution adopting approved preferred alignment, proposed
            estimated budget, and commitment to meet PROJECT. funding for each milestone as
            specified herein or in a SUPPLEMENTAL AGREE1vfENT.
          C. -CITY agrees to share the funding of each PROJECT with COUNTY on an equal share
             basis (50%150%), or as otherwise agreed upon cost sharing arrangement as specified in a
              SUPPLE11ENTAL AGREEMENT with the following ·exclusions:
                  CITY shall bear the entire cost of:
                    .               -

                     1. CITY O'VV'Iled utilities. relocation or adjustment such as water and sanitary sewer
                     facilities; except utility adjustments directly attributable to storm sewer improvement
                     conflicts;
                                         .                -
                     2. ROAD or .STREET A..:MENITIES including but not limited to street pavers, colored
                     concrete, planters, decorative lighting, special signage,. or any other feature over the
                     STANDARD BASIC PROJECT DESIGN;                                                 .    .
              ..
   MASTER AGREEMENT~ 11/10/00                                                                               6
  d.   Where 'new storm drainage facilities, are in conflict 'with CITY owned water and sanitary
       sewer systems, and the storm, sewer design. c.annot be modified, after submission of an
       acceptable schedule of work and cost estimate by the CITY to the COUNTY and. COUNTY
       approval, the actual costs of the necessary adjustment of CITY water and sewer utilities
       shall be pro rated at the overall percentage agreed to by CITY and COUN"TY for cost
       sharing. CITY shall be .responsible for funding one hundred' percent (100%) of any
       BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation of
       utilities in the public right of way shall be the responsibility of the Utility Owner or of the
       CITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY'S
       failure to timely relocate or adjust the facility shall be at the entire 'cost of CITY.'


   H. To provide for continuing surveillance and control of right of way to, prevent the
       " construction, placement, storage or 'encroachment of any signs, personal property or other
         appurtenances in the right of way. In the event that the aforementioned features are allowed
         by CITY to encroach on necessary ROW during the duration of the proj ect, CITY shall bear
         the entire cost of removal or 'relocation of said encroachment.


   1. To provide to COUNTY for COUNTY'S or COUNTY'S designee use, atno cost, adequate
       copies of  all
                    construction standards, codes; (specifically including zoning and development
       codes), plats, specifications, guidelines, standards or 'any other pertinent information as
       determined by COUNTY to be required for the completion of the PROJECT. Additionally,
       CITY shall furnish COUNTY, at no cost, such documents as necessary to keep all items
      ,previously furnished to County current.


   J. Actively participate. and provide authorized representation with decision making power at
       PREDESIGN CH.ARRETTE, preconstruction meeting,partnerinE meetings ~nd J~]:~S>j~ct
       te-am meetings which are necessary to project devclopment/completion and fiduciary
      -relationships.
   K.' CITY agrees to provide timely review of interim submittals. "Timely review" will be
       agreed upon during the PREDESIGN CRARRETTE as a part of the PROJECT schedule.
       City further agrees that if no review notes are submitted by CITY in writing to COUNTY
       on a timely basis, plans 'are approved as submitted.'
    L. City agrees that it will pay all additional project cost for any CITY requested discretionary
       change, ,including, but not limited to STREET AlvfENITIES AND UTILITY
       BETTERM:ENTS, in or addition to the design or construction of the project subsequent to
        the City opportunity to re~iew the sixty five percent (65%) design plans.


    M. Provide at CITY's cost for the continuing maintenance of'all PROJECT ROW, such as
       mowing, drainage, trash removal, etc., during, the period between acquisiti~n and
       construction.




lvfASTER AGREEMENT- 11/10/00                                                                     8
,   .
                upon design standards as the basis for improvement criteria. Deviations from mutually
                agreed upon application of CITY standards and/or design criteria shall require prior
                approval of CITY. Where CITY standards do not exist, TxDOT standards as of the
                EFFECTIVE DATE of this 'M.ASTER A'GREEMENTshall be utilized unless otherwise
                mutually agreed by SUPPLEMENTAL AGREEMENT. '
          C.    To actively participate and provide authorized representation, at PREDESIGN
                CHARRETTE , preconstruction meeting; partnering meetings and project team meetings
                which are necessary to project development and completion and fiduciary relationships.
          D. To provide project management of each Project where County is LE.A..D AGENCY from'
                commencementtocompletion of construction, CITY and COUNTY may further agree by
                mutual consent to redefine project management roles as beneficial to the PROJECT as
                defined in the MOA and SUPPLEMENTAL AGREEMENTS.                            .
          E. Upon receipt of written request detailing the information requested, to provide information
             related ·to the PROJECT to CITY or CITY'S designee at no cost to the CITY.


           F.       COUNTY agrees to provide timely review of interim submittals and hereby agrees that if
                    no review notes are submitted by COUNTY (if CITY is filling the role as PROJECT
                    Mi\NAGER) in writing to CITY, plans are approved as submitted. "Timely review" will
                    be agreed upon during the PREDESIGN CHARRETTE, as part of the project schedule.


           G. To submit final engineering plans for review and written approval by CITY at least thirty
               (30) days prior to advertising for construction,
           H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary
               additional right of way, on designated projects, in accordance with minimum standard
              requirements and utilizing existing public right of w-ay to. the maximumextent .possible .as
                    aPRolECTcost.                     ..      -. -                                     ...
           L    I   To require all contractors to secure all necessary permits required by CITY on said
                    construction projects.
           J.       To furnish record drawings of construction plans for thepermanent records of CITY within
                    twelve (12) months upon completion and acceptance of the transportation improvem'ent
                    PROJECT.                                                   '        ,        ,
           K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including the
                 future obligation of maintenance, operation, control and acceptance of liability therefor to
             , , transfer, by Quit Claim Deed; all PROJECT relatedeasements acquired by COUNTY to
                     CITY~

            L. In the event COUNTY and CITY agree in writing that CITY will be the LEAD AGENCY
                for the. agreed upon PROJECT, COUNTY will reimburse CITY 'for agreed, costs as
                detailed in 'Article XI (FUNDlli'G) in an amount not to exceed the PROJEC'T cost as
                approved, by Dallas County Commissioners Court and incorporated in the
                SUPPLEMENT.AL AGREEMENT. 'All COUNTY payments shall be in accordance with
                COUNTY policies and Procedures or as may be mutually agreed between the parties and
                incorporated in a SUPPLEM::E!ITAL AGREEMENT..



        MASTER AGREEMENT., 11/10/00                                                                    10
'.   .,'   I




      C.          In the event that the cost of the PROJECT shall exceed the, not-to-exceed amount, CITY and
                  COUNTY agree to either reduce' ~hescope of construction or seek additional funding to
                  complete the PROJECT .at the agreed upon cost share percentages. At the' termination of the,
                  PROJECT, the LEAD AGENCY will doa final cost accounting of the PROJECT. In the event
                  that the amount paid by .either party exceeds its portion of the actual cost, the difference will be
                  remitted to such party. In the event that additional funds are due, the'LE.AD AGENCY will bill
                  the other party who .agrees to pay such funds within thirty (3P') days of receipt of such billing.
       D.         If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices for
                  actual costs expended in accordance with COUNTY invoicing policy.'
       E.         Upon execution of a SUPPL~11ENTAL AGREEMENT, CITY shall escrow an amount
                  adequate for initialproject costs which COUNTY may use to pay for initial professional
                  services required for seeping, preliminary, and primary design.




       Article XII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT.

                   It is expressly understood and agreed that enforcement of the terms and conditions of this
                   Agreement and all right of action 'relating to such enforcement shall be strictly reserved to
                   CITY and COUNTY and nothing containedin this Agreement shall give or allow any claim or
                   right of action 'whatsoever by any other person on this Agreement. It is the express intention of
                   CITY and the COlJNTY that any entity other than CITY or the COUNTY receiving services or
                   benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement
                   is intended only to set 'forth the contractual right and responsibilities of the agreement parties.


           Article XII. RIGHT OF ENTRY
                   The .GJIY~grees-th.at C.OlJNty .shall ha-ve the right to enter uponthe PROJECt area for the
                   timeperiod necessary for the completion of the Project. CITY' agrees to furnish such police or
                   other CITY personnel as requested BY COUNTY for traffic control or other public safety
                   matters at no cost to the PROJECT or COUNTY.
                                           "


           Article XIV. LIST OF PROJECTS

                    CITY agrees that it has been furnished with a list of the potential PROJECTS as approved by
                    the Dallas County Commissioners Courts, subject to the agreement between the parties of a
                    SUPPLEMENTAL AGREEMENT. CITY stipulates and agrees that the Commissioners Court
                    Order approving the proj ects identifies the potential PROJECT location and describes the type
                    of proj ect in sufficient detail that the CITY is fully aware of the location and type of projects
                                                                                     ,      ,


                    being considered.                                                                         '


               Article XV. MISCELLANEOUS GENERAL PROVlSIONS
                 A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed and
                    enforced in accordance with the laws of the State of Texas and exclusive venue shall be, in
                    Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is


               ~STER AGREEMENT- 11/10/00                                                                        12
. ..
  . ',
                (




(        ...




                       The City o f _ - - - - , State of Texas, has executed the Agreement pursuant to duly

     authorized City Council Resolution _-..:.._ _--:J' Minutes                                ~Dated· the




                     .' The County of Dallas, State of Texas, has 'executed this agreement pursuan t to

           Commissioners Court Order Number               2001-814    and passed on the 24thday of        April

               2001·


                    CITY OF DALLP.S
                    TEODORO J. Bffi\TA\TIDES
                    City Manager

                                                                     BY_X_--+f--f-_+--          _
                                                                                    ON, COUNTY JUDGE


                    A.PPROVED AS TO FORM;                            APPROVED A
                    IvL.:\DELElNE B. JOHNSON
                    City Attorney       .


                                                                     John Dahill, Av1soryCbief ivil Section
                                                                     Dallas County District Attorney




                                                                                                                  14
                    M:.ASTER AGREE},tffiNT-l1/10/00
        ~

    I       tt   .       "                  ...


'. : ITEM:           Auth Master Agreement\ . .Janas County for transportation major cab   limprovementorojects   of


            PRIOR ACTION1REVIEW (COUNCIL. BOARDS, COMMISSIONS)

            This item has no prior action.

            FISCAL INFORMATION

            No cost consideration to the City.
) •   t       ~....
                      r.
                          .     .,
                                , ..
                                         ..
          •           I    ~"




                                Fact Sheet • Mas~.er Agreement with Dallas' County - page 2

                           •           Eleven of the fourteen projects submitt.ed were selected in July 2000 for funding
                                       under this proqrarn.

                            •          50/-50 cost participation with Dallas County.

                            •          On October 17,.. 2000, County Commissioner Court approved partlcipation in
                                       Transportation Major Capital Improvement Projects.

                                 FINANCING:

                                 No cost consideration to the City for this item. '

                                 CONTACT PERSONS:

                                  Alan Hendrix, P.E. 214-670-4262           mobile: 214-957-3595
                                  Ali Malekoutl, P.E. 214-670-7748.         pager: 214-670-4115-2806

                                  IMPACT OF DEFERRAL:

                                  If this action is delayed or deferred, it will delay the execution of the Master Agreement
                                  and may delay future supplements on projects with Dallas County..
                                                        COURT ORDER

ORDER NO.           2008 0133
DATE:   JANUARY 15, 2008
STATE OF TEXAS
COUNTY OF DALLAS

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

on the 15th day of         January                 , 2008, on motion made by John       Corom. Dist. #3

Mds~onded           ~_K_e_·~~e_th~A_.~~~~~_C_~~_._D_i_s_t_._I_M~~~~~iliefullow~gord~wasado~ed:

WHEREAS, the matter set forth below was briefed before Commissioners Court on January 8, 2008

WIIEREAS, pursuant to Court Order 2004-1933 dated October 19,2004, Commissioners Court recommended
          Transportation Improvement Projects to be considered for funding from the Major Capital
          Development Fund for construction including Northwest Highway/ Loop 12 MCIP Project 20206
          from west of Lawther Drive to east of Goforth Drive; and

WHEREAS, on August 8, 2°97, the City ofDallas in Resolution No 072183 approved execution ofthe attached
         Project Supplemental Agreement and funding for said improvements in an amount of $2,662,500,
         $1,330,000 from 1995 Bond Funds, $2,500 from Street Systems Facilities Improvement Fund and
         $1,330,000 Capital Projects Reimbursement Funds; and

WHEREAS, the total estimated cost of the project is $2,665,000 with Dallas County's portion being $1,332,500
         including in-house project delivery costs (estimated to be $5,000) which will be paid from available
         MCIP fund 196, Project 8201; and

\VHEREAS, the Director of Public Works has reviewed said agreement and recommends execution.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the County Judge is hereby authorized and
ordered to execute the attached Project Supplemental Agreement with the City of Dallas for the Northwest
HighwaylLoop 12 MCIP Project 20206 in an amount not to exceed $1,332,500 to be paid from MCIP Fund 196,
Project 20206 with the remainder of project cost to be paid by the City.

DONE IN OPEN COURT, this the litJj:iay of--""-.. . . . . . . . ...........,;----r-_




                                                    'u:( .' .
                                                           "    I
                                                                    / i  111
                                                                      t. fL
                                                   Donald R. Holzwarth, P.E.,
                                                    Director ofPubIic Works
    2.     Project Scoping Sheets, as shown in ATTACHMENT "A".
    3.     CURRENT COST ESTIMATES AND FUNDING SOURCES, as shown in ATTACHMENT

    5.     PROPOSED PROJECT SCHEDULE, as shown in ATTACHMENT "C".

                                            ARTICLEIU
                                      TERM: OF AGREEMENT

 This PSA becomes effective when signed by the last party who's signing makes the respective
 agreement fully executed (The "Effective Date") and shall terminate upon the completion and
 acceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions in
 the MASTER AGREE:MENT, Article IV. Section 1, Termination.

                                         ARTICLE IV
                                     PROJECT DESCRIPTION

 This PSA is entered into by the parties for public transportation improvements to Northwest
 HighwaylLoop 12 MCIP Project 20206, from west of Lawther Drive to east of Goforth Drive, as more
 specifically described in ATTACHMENT "N', Project Scoping Sheets. This project will facilitate the
 movement of public transportation to benefit both the CITY and COUNTY. The CITY has and hereby
 does give its approval for expenditure of COUNTY funds for the construction, improvement,
 maintenance, or repair or a street located within the municipality.

                                             Article V
                                         FISCAL FUNDING

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability
of COUNTY funding for each item and obligation contained herein. CITY shall have no right of
action against the County of Dallas as regards this PSA, specifically including any funding by
COUNTY of the Project in the event that the COUNTY is unable to fulfill its obligations under this
PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to
fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the
current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in
whole or part, the COUNTY, at its sole discretion, may provide funds from a separate source or
terminate this PSA. In the event that payments or expenditures are made, they shall be made from
current funds as required by Chapter 791, Texas Government Code.



Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability
of CITY funding for each item and obligation contained herein. COUNTY shall have no right of
action against the CITY as regards this PSA, specifically including any funding by CITY of the
PROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result ofthe
lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or
failure of any funding party to budget or authorize funding for this PSA during the current or future
fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the
PSA.-City ofDallas (or NWHWY
MCIP 20206
                                                                                                      2
10-08-07
                                           ARTICLEVllL
                                COUNTY COVENANTS AGREES AS FOLLOWS

      1.    COUNTY agrees to participate in the CITY-led project as a funding participant. COUNTY
            will retain right to review plans, change orders and amendments during construction..

                                               ARTICLE IX.
                                                FUNDING

 COUNTY AND CITY mutually agree to proportionately fund the DIRECT PROJECT and
 PROGRAM costs as follows.
1.   The CITY will be responsible for all costs; which are currently estimated not to exceed One
     Million Three Hundred Thirty-two Thousand Five Hundred and no hundredths DoDars
     ($1,332..500.00). If the total project costs should exceed this amount, the CITY agrees to amend
     the project's scope to remain within the current estimated not to exceed amount or be
     responsible for all additional project costs.
2.   CITY agrees to encumber an amount adequate for total estimated project costs as determined
     prior to the commencement of each PROJECT milestone as determined by the Texas
     Department of Transportation (TxDOT) within 30 days of notification. The CITY will pay
     project costs as invoiced by TxDOT in accordance with the Texas Prompt Payment Act.
3.    COUNTY agrees to provide funding in the PROJECT not to exceed amount of One Million
      Three Hundred Thirty-two Thousand Five Hundred and no hundredths DoDars
      ($1.332,500.00), reduced by all COUNTY in-house delivery costs of the total project cost.
      Project costs may include all COUNTY project delivery costs including but not limited to
      preliminary scoping and research, preliminary design services, special services, primary design
      services, inspection, laboratory services and construction.
 4.        Project delivery costs are estimated to be 0.38 per cent ofthe total amount ofthe not to exceed
           amount to be provided by COUNTY. Retention of such amount by COUNTY shall be by
           deduction for each CITY Project invoice at the amount of cost utilized by COUNTY for the
           invoice period.




                                                  ARTICLE X
                                               MISCELLANEOUS

   A. No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of the
      parties hereto and not for the benefit of any third party. It is the express intention of CITY and
      COUNTY that any entity other than CITY or COUNTY receiving services or benefits under this
      PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the
      contractual right and responsibilities ofthe parties hereto.

  B. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of
     COUNTY and Governmental Immunity of CITY, Title 5 of the Texas Civil Practice and
     Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be
?SA-Ctty ofDallas for IVUiHWY
MCl? 20206
                                                                                                         4
lO-OS..()7
   K.     Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all
          oral or written previous and contemporary agreements between the parties and relating to
          matters in the PSA.




           The City ofDallas, State of Texas, has executed the Agreement pursuant to duly

 authorized City Council Resolution _ _--', Minutes                                   Dated the _ _day of _ _-" 200_ .

           The County of Dallas, State of Texas, has executed this agreement pursuant to

 Commissioners Court Order Number                               and passed on the _ _day of                              ----", 200_.

 COUNTY OF DALLAS                                                        CITY OF DALLAS


                                                                         BY
                                                                         TITLE:
                                                                                                rf»/d--
                                                                         APPROVED AS TO FORM:
                                                                         THOMAS P. PERKINS, JR
                                                                         CITY ATIORNEY



BOB SCHELL                                                                        'SISTANT CITY ATTORNEY                     I
CHIEF CIVIL SECTION                                                                            BmIb~ to C,tj.Jttom{1Y
*DISTRICT ATTORNEY'S OFFICE


DATE January 15, 2008                                                   DATE:
                                                                                  --------------



*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).




PSA-City ofDallas for NW HWY                                                                                                                  6
MeW 20206
10-08-07
                                  ATTACHl\1ENT A

    Project Specific Agreement to Master Agreement Governing
          Transportation Major Capital Improvement Projects

                 PROJECT NAME: NW Highway! Loop 12
                    From Lawther to West of Buckner
                                MeIP PROJECT 20206
                                Proiect Scoping Sheets
       No. of lanes proposed:         ':3-   t         -e.c...o.-   ~   JI... rJ' . . .~
PARKWAY:
    Proposed Width

       Proposed Sidewalk Width

       Parkway cross fall slope maximum

GRADE REQUIREl\1ENTS:
Is TC 6" below adjacent ground criteria to be followed?

Any deep cuts, high fills?

PAVEMffiNTCROSSFALL
               PROPOSED
                      MINIMUM

                      MA.Xllv1UM

VERTICAL GRi\DE:

       MINIMUM                  ?~r   T 't.'Do T

       MAXIM:UM                 f~    T)'DcT

CENTERLINE ALIGNMENT POSITION:

       IN CENTER OF EXISTING ROW?

       OFFSET FROM CENTER

       ON BRAND NEW ALIGNMENT?




                                                 -2-
                         ATTACHMENT A

   Project Specific Agreement to Master Agreement Governing
      Transportation Major Capital Improvement Projects

               PROJECT NAME: NW Highway/ Loop 12
                  From Lawther to West of Buckner
                      MeIP PROJECT 20206
                       Project Scoping Sheets
PAVErvrENT STRUCTIJRE
DESIGN WHEEL LOAD

BUS AND REAVY TRUCK TRAFFIC    YES             /"
                               NO

ROADWAYCLA.SSIFICATION    S~t~ f+;~w( - Lo-crr f~
MINIMUM PAVEMENT STRUCTURE THICKNESS:

MINIMUM PAVEMENT BASE OR SUB GRADE THICKNESS:        P'<G1'   nc. t) OT

DESIGN SPEED

POSTED SPEED


:MEDIANS
MEDIAN WIDTH

ANY MID BLOCK OPENINGS TO CONSIDER?                 YES
                                                                 /'

                                                    NO
ANY SIDE STREETS TOO CLOSE FOR OPENING?             YES

                                                    NO            /
                                     I.,   I
STANDARD TURN LANE WIDTH            IV


5TANDARD NOSE WIDTH                 2:'-



                              -4-
                         ATTACHMENT A

      Project Specific Agreement to Master Agreement Governing
         Transportation Major Capital Improvement Projects

             PROJECT NAME: NW Highway/ Loop 12
                From Lawther to West of Buckner
                    MeIP PROJECT 20206
                     Project Scoping Sheets
100 YEAR FLOOD PLAIN CONSIDERATION    ----h-   IT FREEBOARD to 100- Year
Ultimate W.S. Elevation

PERMITS          NEEDED?              WHO'S RESPONSffiILITY
COE 404 PERMITS YES _ _
                NO _ _                             TYr:)(~T   Y'   "lfrJ"n ,";Io/~
TCEQ 401 PERMIT YES _ _                              k        ~ if ..,~c.,,<; "-4.-/'
                NO _ _
                                                         f~ #1/ -fr; ·
CDC PERMIT       YE~ _ _
                 NO      _

EIS              YES _ _
                 NO _ _

ADA PERMIT       YES _ _
                 NO _ _

.ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS
TXDOT,          YES    _
                NO _ _
DFWA~RT,        YES    _
                NO _ _
 DART, ETC.?    YES _ _
                NO       _
FEMA            YES _ _
                 NO      _




                               - 6-
                          ATTACHMENT B



                  NORTHWEST HIGHWAY / LOOP 12

       ( FROM W. LAWTHER DRIVE TO E. OF GOFORTH DRIVE)

                      MCIP PROJECT NO. 20206




        FUNDING SOURCES FOR LOCAL PARTICIPATION ONLY




DALLAS COUNTY PARTICIPATION                     $ 1,332,500.00


CITY OF DALLAS PARTICIPATION                    $ 1,332,500.00


INCLIJDES DALLAS COUNTY IHPD ($ 5,000.00)


TOTAL LOCAL GOVERNMENT'S PARTICIPATION          $ 2,665,000.00
rannmq
                  Assistant Director
                  GIS Manager
                  GIS Technician
                  Sr. Trans Planner
                  Trans Engineer
                  Trans Planner
                  Trans Technician
'raj Management
                  Assistant Director
                  CDSG Engineer
                  CDSG Forman
                  Contract Administrator
                  Open Space Engineer
                  Proj Engineer
                  Secretary
                  Sr. Proj Engineer
                  Sr. Secretary
)esign
                  CAD OPERATOR
                  Civil Engr Designer
                  Drafter
                  Eng Technician
                  Instrument Tech
                  Manager
                  Surveyor
                  Sr Civil Engnr Designer
  W Property
                  Accountant Clerk III
                  Assistant Director
                  Property Appraiser
                  Property Mgmt Specialist
                  Real Estate Manager
                  ROW Agent
                  Secretary ROW
                  SR. ROW Agent
                  SR. ROW Appraiser




                  Account Manager
                  Adm in Assistant
                  Assistant Director
                  Director
                  Program Manager
ADVANCED FUNDING AGREEMENT FOR VOLUNTARY
   LOCAL GOVERNMENT CONTRIBUTIONS TO
  TRNANSPORTATION IMPROVEMENT PROJECTS
                                                                     CSJ# 0353-05-084
                                                                     District # 18
                                                                     Code Chart 64# 10850
                                                                     Loop 12: From W. Lawther Drive
                                                                                To E. of Goforth Drive
                                                                     Dallas County
In addition to identifying those items of work paid for by payments to the state, Attachment A, Project
Budget and Description, also specifies those Project items of work that are the responsibility of the
Local Government and will be carried out and completed by the Local Government, at no cost to the
State.

At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government
shall remit its remaining financial share for the State's estimated construction oversight and
construction costs.

In the event that the State determines that additional funding by the Local Government is required at
any time during the Project, the State wUl notify the Local Government in writing. The Local
Government shall make payment to the State within thirty (30) days from receipt of the State's written
notification.

Whenever funds are paid by the Local Government to the State under this Agreement, the Local
Government shall remit a check or warrant made payable to the uTexas Department of
Transportation Trust Fund." The check or warrant shalt be deposited by the State in an escrow
account to be managed by the State. Funds in the escrow account may only be applied by the State
to the Project. If, after finat Project accounting, excess funds remain in the escrow account, those
funds may be applied by the State to the Local Govemmenfs contractual obligations to the State
under another advance funding agreement.

Article 3. R·lght of Access
If the Local Govemment is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities required
to execute the work.

Article 4. Adjustments Outside the Project Site
The Local Government win provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. ResponsibilIties of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
The Local Government agrees to electronicaUy deliver to the State all general notes, specifications,
contract provision requirements and related documentation in a Microsoft@ Word or similar
document. If requested by the State, the Local Government will use the State's document template.
The Local Government shalt also provide a detailed construction time estimate including types of
activities and month in the format required by the State. This requirement applies whether the local
government creates the documents with its own forces or by hiring a consultant or professional
provider.


AFA-AFA_VolTIP                                   Page 2 of 6                            Revised 5/19/06
                                                                        CSJ# 0353..05..084
                                                                        District it 18
                                                                        Code Chart 64# 10850
                                                                        Loop 12: From W. Lawther Drive
                                                                                 To E. of Goforth Drive
                                                                       Dallas County
   •    by the State if it determines. that the performance of the Project is not in the best interest of the
        State.


If the agreement is terminated in accordance with the above provisions. the Local Government' will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
    • Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
       due to the Local Government, the State, or the Federal Government will be promptly paid by
       the owing party.
ArtIcle 12. Notices
 AU notices to either party by the other required under this agreement shall be delivered personalty or
 sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
 permitted to the extent permitted by law but only after a separate written consent of the parties),
 addressed to such party at the following addresses:
                     Local Government:                                      State:
       City of DaUas                                       Texas Department of Transportation
       Attn: Public Works & Transportation                 Attn: District Engineer

       1500 Martlla Street, Room L1-BN                     4777 E. Highway 80
       Dallas, TX 75201                                Mesquite, TX 75150
 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
 otherwise provided herein. Either party may change the above address by sending written notice of
 the change to the other party. Either party may request in writing that such notices shall be
 delivered personally or by certified U.S. man and such request shall be honored and carried out by
 the other party.

Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.

Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.

Article 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 16. State Auditor
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 directty 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 legislatjve audit committee,
AFA-AFA_VoJTIP                                      Page 4 of 6                            Revised 5119/06
                                                                        CSJ# 0353.Q5..084
                                                                        District # 18
                                                                        COde Chart 64# 10850
                                                                        Loop 12: From W. Lawther Drive
                                                                                   To E. of Goforth Drive
                                                                        Dallas County




                                         ATTACHMENT A
                                  Project BUdget and Description
The State has estimated the project to be as follows:

 Description          Total      Federal                        State                      Local
                 Estimated Cost Particlpatio             Participation                  Participation
                                     n




 DirectCost       $1,840,000.00     0%    $0.00                  $1,840,000.00        OOk            $0.00
 (E&C
 estimated
 100/0
 TOTAL           $20.240 000.00           $0.00                 $17 580 000.00              $2 660 000.00


Direct State Cost will be based on actual charges.

Local Government's Participation (FIXED)       =    i2,§6Q,QPQ.qo
It is further understood that the State wilt include only those items for the improvements as requested
and required by the Local Government. This is an estimate only t final participation amounts will be
based on actual charges to the project.




AFA-AFA_VolTIP                                    Page 6 of 6                            Revised 5/19/06
                                                                                                       COUNC1L CHAU8ER

                                                                                                        072184
                                                                                                                         I
                                                                                                        August 8. 2001

Section 3. That the City Controller is hereby autilorized to deposit any unused Bond
Funds advanced to TxDOT pertaining to this project in Fund ON22, Department PBW,
UnitU224. Object Code 4510.

Section 4.. That this Resolution shaD take effeQt immedUiltely from and after its
passage in accordance with the provistons of the Chaner of the City of Danas and it is
accon:lingty 80 resotved.
Oistrlbutlon:   Pub~ WOIi<J and Transportation. CheryS Nichols, OCMC, Room 101
                Public W011cs and Transportation, Oawna Brown. 1500MariUs, L18S
                Ctly Attorney




                                        APPROVED BY
                                        CITY COUNCIL

                                        AUG 08 2007

                                    I!d.f.,.' tZ/~
                                         City Secretary




                                             ••   ,.   ••   ~,   R. •   •   •   •   •   ••   "   •••
6RDitRNO.;G'UUl                 ~!.I±

DATE:         APR 242001
STATE OF TEXAS

COUNTY OF DALLAS

BE IT REl\1El\1BERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on

          24th                                            April

by   Kenneth A. Mayfield, Commissioner of District No.4                                          ,and seconded

     Mike Cantrell, Commissioner of District No. 2

WHEREAS,        the matter set forth below was briefed,before Commissioners Court on January 9,2001 and April 3,2001;
                and                            .

WHEREAS,        In December 1999, Commissioners Court issued a call for projects to the cities to identify candidate
                thoroughfare improvement projects for potential County funding; and

WHEREAS,         on October 17, 2000, Dallas County Commissioners Court approved participation in Transportation Major
                 Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 by Court Order
                 2000-2117 with a list of proposed accepted projects attached to the Court Order. In order to implement the
                 proposed projects it is necessary for the impacted cities to execute a MASTER AGREEl\1ENT GOVERNING
                 TRANSPORTATION MAJOR CAPITAL IMPR9VErvrENT PROJECTS; and

WHEREAS,        by execution of the attached documents, the cities of Carrollton, Cedar Hill, Coppell, Duncanville, Glenn
                Heights, Grand Prairie, Irving, Sachse and Rowlett, which were briefed on January 9, 2001, and the cities
                of Balch Springs, Dallas, DeSoto and Lancaster, which were briefed on April 3, 2001 have agreed to
                participate on at least a fifty/fifty basis with Dallas County; and

WHEREAS,         it is desirable to have the impacted cities committed to funding projects they have put forward. The
                 MASTER AGREEMENT will initiate this effort by clearly defining County and City partnership and roles.
                 A supplemental agreement will be implemented once a predesign charrette meeting is held that will identify
                 project specifics such as proposed alignment, scope, project teams and cost estimates.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County
        Judge is hereby authorized and directed to execute the attached MASTER AGREEMENTS for the cities of Carrollton,
        Cedar Hill, Coppell, Duncanville, Glenn Heights, Grand Prairie, Irving, Sachse, Rowlett, Balch Springs, Dallas,
        DeSoto and Lancaster..

                                              24 th          day of _ _--:=--==~~_+-_---,."--_'




                                                              'Kenneth A. Mayfiel


                                  Reco=endedf:Lee               (l)~
                                  For Approval: Donald R. Holzwarth, P.E., Director of Public wor~
Attachments
STATE OF TEXAS                                           §


COUNTY OF DALLAS                                         §
                            MASTER AGREEMENT GOVERNING
                               TRANSPORTATION
                       MAJOR CAPITAL IMPROVEMENT PROJECTS



       THIS MASTER AGREEMENT is made by and between the City of                  Dallas, Texas,
hereinafter called "CITY", and the County of Dallas, Texas, hereinafter called "COUNTY", acting by
and through its duly authorized officials, which desire to enter into an Interlocal Agreement,
hereinafter called     MASTER AGREEMENT, for the purpose of Transportation Improvements on
roads inside Dallas County that are on the North Central Texas Council of Government's Regional
Thoroughfare Plan.

                                             \VITNESSETH

        WHEREAS, pursuant to Court Order 2000-2117, dated October 17,2000, County
Commissioners Court approved participation in Transportation Major Capital Improvement Projects
for the Program Years 2004,2005, and a portion of2006 within the cities inside Dallas County; and

     WHEREAS, the approved project lists may be modified, updated or approved by the
Commissioners Court on a     as-needed basis; and

        \VHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization
for local governments to enter into interlocal agreements; and
             !

    NOW THEREFORE, THIS AGREEMENT, is hereby made and entered into by CITY and
COUNTY for the mutual consideration stated herein:

                                            AGREEMENT

Article I.       DEFINITIONS:    The following definitions are incorporated into this agreement for
all purposes.


a) AMENDMENT shall mean a written document executed by all parties detailing changes,
   additions or deletions in the MASTER AGREEMENT.
b) CITY shall mean the City of    Dallas       , County of Dallas, State of Texas.
c) COUNTY shall mean the County of Dallas, State of Texas.
d) DIRECT PROJECT &PROGR.A.l\1 COSTS shall mean those costs that can be identified
   specifically with a particular project or program cost objective. These costs generally include

 M.J\STER AGREEMENT-II/IO/OO                                                                    I
   STANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of COUNTY
   determined requirements based on anticipated future traffic flow.
q) RIGHT OF WAY (RO'W) shall mean that real property, (either existing, or required in fee and!
   or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for
   the construction of the PROJECT. Such Right-of-way shall include both the existing street, road,
   drainage or other CITY or COUNTY real property ownership and all additional real property to be
   utilized for the PROJECT.
(r) STANDARD BASIC PROJECT DESIGN shall mean the standard COUNTY-approved CITY
    criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement
    marking, warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks,
    medians, storage/tum lanes, access, required structural retaining walls and standard driveways
    excluding ROAD OR STREET AMENITIES, or such design criteria as may be mutually agreed
    upon in a project specific SUPPLEMENTAL AGREEMENT.
(5) SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document which
    is entered into to establish the contractual rights and responsibilities of the CITY and COUNTY as
    it relates to the PROJECT.
(t) STAKEHOLDER shall mean any governmental or quasi-governmental entity making a financial
     contribution to the PROJECT.
 (u) TxDOT shall mean the Texas Department of Transportation .
                                                                    .
(v) UTILITIES shall mean each City Utility, public utility, common carrier, governmental or quasi-
    governmental facility, fiber optic facility, or other facility located within the limits of the Project by
    virtue of Texas or Federal Law or agreement between the entity and the CITY, COUNTY, or
    STATE OF TEXAS.
(w) CITY UTILITY shall mean those owned or operated by CITY which require relocation or
     adjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans.
(x) UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limits
    of the PROJECT by virtue of Texas or Federal Law or agreement between the entity and the
    CITY.
(y) UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all UTILITIES,
     excluding CITY UTILITIES, whose facilities are located within the limits of the PROJECT by
     virtue of satisfactorily documented pre-existing real property ownership.
W.   UTILITY BETTERMENT shall mean any increase in the capacity of any UTILI1;'Y'S Facility
     adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any
     upgrading of the UTILITY'S Facility above the standard practices,devices or materials, .specified
     by the UTILITY and customarily used by CITY or UTILITY on projects solely fmanced by
     CITY or UTILITY. Provided, however, that any upgrading necessary to successfully accomplish
     the PROJECT shall not be considered a Betterment, and further, that any increase in the capacity
     of the Utility Facility resulting solely from the replacement of devices or materials no longer
     regularly manufactured, processed or installed shall not be considered a Betterment, provided that
     such replacement shall be only to the standard devices or materials currently used on other
     projects financed solely by CITY or UTILITY . This meaning shall apply to utilities that are part
     of the project as well as the standard basic street components (See "STANDARD BASIC
     PROJECT DESIGN").


 MASTER AGREEMENT- 11/10/00                                                                            3
             (90) days subsequent to the termination, or thirty days subsequent to delivery of final
             accounting.
      E.     Once the construction contract has been let, with the approval of the other- party, the
             SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until
             completion of the construction.
      F.     In the event that a PROJECT is terminated either party may, upon written notice, take over
             the project and prosecute the work to completion by contract or otherwise at their sale cost
             and expense. In the event that the party completing the work is not the LEAD AGENCY, it
             is agreed that the PROJECT MANAGER will furnish to the completing party a listing of
             current records pertaining to any outstanding obligations or other records or information
             required by any project contract, including any Work Order, or requested in writing by
             completing party in either printed or electronic format or both. The LEAD AGENCY
             agrees to cooperate with the completing party. The LEAD AGENCY will use its best
             efforts to transfer to the completing party all contracts. Obligations under such contracts
             shall become the sole obligation of the completing party upon transfer. Completing party .
             agrees to timely pay all future obligations under such contract as they become due and
             payable. Completing party hereby releases the LEAD AGENCY from any and all
             liability under such assigned contracts subsequent to date of transfer, effective upon
             the transfer date. LEAD AGENCY shall exercise its best efforts to insure a transition of
              services without interruption
      G.     Either party shall have the right to retain copies of all data, information, engineering,
             studies, or other items produced to the date of termination.
      H. Provisions B through G will survive the termination of this MASTER AGREEMENT
         and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until the
         transition of services, all payments made and the PROJECTS are complete. All items
         listed or required in this provision shall be furnished by LEAD AGENCY to completing
         party without additional cost or expense to completing party.                  .


2. FORCE MAJEURE:
      Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented
      from performing any of its obligations hereunder by reason of, for or through strikes, stoppage
      of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil
      authority, an act of God, or any cause reasonably beyond the party's control and not
      attributable to its neglect. In the event of such an occurrence the time for performance of such
      obligations or duty shall be suspended until such time that such inability to perform, shall be
      removed. The party claiming the suspension shall give notice of such impediment or delay in
      performance to the other party within ten (10) days of the knowledge of such occurrence. Each
      party shall make all reasonable efforts to mitigate the effects of any suspension.
Article V.      INDEMNIFICATION
       COUNTY and CITY agree that both COUNTY and CITY shall each be responsible for their
       own negligent acts or omissions or other tortious conduct in the course ofperfonnance of this
       MASTER AGREEMENT, without waiving any sovereign or governmental immunity
       available to either COUNTY or CITY 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.
MASTER AGREEMENT- 11/10100                                                                       5
          3. UTILITY BETTERlv1ENTS and ROAD or STREET AM:ENITIES:.
          4. CITY PROJECT TEAM participation or project management (if the CITY has
          LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed
          hourly accounting system;
           5. CITY Indirect Costs.


        When mutual written agreement has been reached as to PROJECT limits by COUNTY
        and CITY at the Predesign Charrette, City agrees to acquire right-of-way required for
        designated projects by voluntary dedication, the subdivision platting process and/or other
        legal means, to the maximum extent possible, and to ensure through the building permitting
        process that setback requirements are imposed to limit encroachment upon the required
        right of way. CITY agrees to fund ROW not acquired but reasonably expected to be. CITY
        also agrees to fund the removal of improvements that are encroachments within existing or
        proposed right of way areas.
        In the event of any proposed use of the PROJECT right-of-way that will conflict with the
        proposed PROJECT and CITY is unable to obtain such right-of-way as described above,
        CITY shall notify COUNTY of such conflict. COUNTY and CITY shall determine if the
        acquisition of the conflicting parcel would be in the best interest of the PROJECT. In the
        event that agreement is reached and the parcel is acquired such cost shall he included in the
        pro rated cost of the project in the agreed upon proportions.
        CITY hereby grants the COUNTY authority to enter into eminent domain proceedings
        within the city limits on each specific right of way alignment as approved by the CITY and
        COUNTY.
   D. To require all Utilities located within or using the present public right of way on all
        designated transportation projects within CITY's municipal limits to adjust and/or relocate
        said Utilities as required by the proposed improvement of the designated transportation
        Project. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except as
      I may be specifically set forth in this MASTER AGREEMENT.



   E.   CITY agrees to be cooperative on issues relating to billboards, advertising signs, non-
        conforming uses, zoning and similar restrictions and to exercise its best efforts to provide
        variances when possible to minimize cost and delay of PROJECT. Additional PROJECT
        cost caused or contributed to by CITY ordinance, zoning, non-conforming use
        determination or other requirement shall be paid in full by CITY.
   F. _CITY shall require the adjustment and/or relocation of UTILITIES to be accomplished and
       finalized, as expeditiously as possible after approval of final plans to prevent PROJECT
       schedule delays. Notwithstanding anything contained herein to the contrary, all
       UTILITIES shall be adjusted or relocated and the right-of-way clear for construction not
       later than thirty (30) days prior to the award of the construction contract. CITY will notify
       the COUNTY and other STAKEHOLDERS when utility conflicts would impact progress
       of the project completion. COUNTY and CITY agree to work in partnership and with all
       STAKEHOLDERS to solve the problem to include helping to engage elected officials in
       the problem resolution with the goal to prevent delays in the commencement or
       prosecution of construction on the PROJECT.



MASTER AGREEMENT-lI/IO/OO                                                                      7
     N. Subsequent to the completion of a PROJECT, that the CITY will be responsible for all
        future maintenance, operation and control of the PROJECT, without cost or contribution
        from the COUNTY.                                               .
     O. Bear the entire cost of design, construction and administration for landscaping,
        streetscaping, streetlighting, as such items are not included in the STANDARD BASIC
        PROJECT DESIGN and other ROAD OR STREET AMENITIES specified or requested
        by CITY in excess of STANDARD BASIC PROJECT DESIGN . .


     P. It is the intent of this MASTER AGREEMENT that the COUNTY will be the LEAD
        AGENCY. In the event that the CITY and COUNTY agree in writing that CITY will
        manage and administer one or more PROJECTS, CITY and COUNTY will enter into a
        SUPPLEMENTAL AGREEMENT as to that project(s). In such instance, CITY agrees to
        assume all LEAD AGENCY responsibilities except as may be set forth in the
        SUPPLEMENTAL AGREEMENT as determined by mutual consent.


Article VIII. UTILITY IMPACTS.
     A.        In cases where a UTILITY IS LOCATED IN A PRIVATELY OWNED RIGHT-OF-
              WAY, and it is necessary to relocate the facility or make adjustments by reason of the
              widening or improvement of the designated project, the COUNTY (or CITY if acting as
              the LEAD AGENCy) will, after submission by utility company of right of way
              documentation and cost estimates acceptable to the .CITY, COD"NTY and other
              STAKEHOLDERS, assign the actual costs for the relocation and/or adjustment of said
              utility to the PROJECT.
     B.       In cases where a UTILITY IN PUBLIC RIGHT-OF-WAY, excluding CITY UTILITIES,
              occupies any portion of the PROJECT RIGHT-OF-WAY by Texas or Federal Law or by
              agreement with the CITY that allows or permits the CITY to cause the relocation of the
              utility for the construction of the project, the CITY shall timely require and enforce the
          i   relocation or adjustment requirement at no cost to the project. In the event that the CITY
              has no legal or contractual right to cause the relocation, the relocation or adjustment shall
              be relocated or adjusted and all cost shall be a Project Cost. CITY shall take all steps
              necessary to insure that such relocation or adjustment shall not conflict with or delay the
              PROJECT schedule,


Article IX. COUNTY AGREES AS FOLLOWS:

      A. To provide as a PROJECT Cost preliminary engineering which will define project details,
         e.g., location, scope of work and specific right of way alignment for each improvement.
         Such preliminary engineering shall be submitted to the CITY for approval, prior to
         proceeding with the final design and any right of way acquisition.

      B. To provide as a PROJECT Cost for the construction of transportation improvements based
          upon design criteria conforming to STANDARD BASIC PROJECT DESIGN in
          conformity with applicable CITY ordinances and standards, to the extent of
          Commissioners Court approved program funding. Scope of work shall include the agreed

MASTER AGREEMENT- 11/10/00                                                                           9
Article X. PREDESIGN CHARRETTE
     A. CITY and COUNTY, as specified in Articles VII and IX, respectively, will designate
        officials or representatives to participate in a Predesign Charrette to be conducted on a
        mutually agreeable date and location. At least part of this meeting will be conducted on
        the PROJECT site.
     B. Results from Predesign Charrette will identify the general project scope and the general
        preferred alignment of the project, and project administration and management roles, to
        include the PROJECT MANAGER. Additionally, key project team participants shall be
        identified at the Predesign Charrette .
     C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shall
        be produced which outlines the identified roles and scope for the Project.




Article XI. FUNDING
A.   CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT &
     PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless
     otherwise specified in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fifty
     percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR
     STREET AMENITIES,            relocation or adjustment of     CITY UTILITIES, UTILITY
     BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly
     accounting system and other items as specified in this MASTER AGREEMENT or any
     SUPPLEMENTAL AGREEMENT. COUNTY shall not be responsible for any amount of
     funding in excess of the PROJECT not-to-exceed amount as shown in the PROJECT
     SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL
     AGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND
     PROGRAM costs. In addition City agrees to fund all other City cost as provided herein,
     including, but not limited to, ROAD OR STREET AMENITIES~ relocation or adjustment of
     CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not
     supported by detailed hourly accounting system and other items as specified in this MASTER
     AGREEMENT or any SUPPLEMENTAL AGREEMENT.
B.   Unless otherwise stated in a SUPPLEMENTAL AGREEMENT, the milestones for each project
     shall be (1) preliminary and primary design (2) right-of-way acquisition and utility relocation
     or adjustment and (3) construction. The LEf\.D AGENCY shall prepare an estimated cost for
     each milestone. Upon approval of the cost by the other party, each party shall fund its share of
     the respective milestones by placing that amount of money in an escrow account or otherwise
     encumber the funds to insure that the LEAD AGENCY will have sufficient funding available
     from current revenue for the timely payment of PROJECT milestone costs. The LEAD
     AGENCY may bill the other party for periodic payments for the actual amount of work
     completed toward the completion of the milestone. Upon completion of the milestone, the non-
     management party will be furnished a notice that such work has been completed and the
     amount of funding that may be utilized to pay subsequent milestone Proj ect cost.
     Notwithstanding any other term or condition contained herein or in any SUPPLEMENT
     AGREEMENT, neither party will be required to award any contract until written certification
     has been received that funding has been placed in escrow or encumbered for the payment of
     the non-awarding party's portion of the PROJECT cost.

 MASTER AGREEMENT- 11/10/00                                                                    11
    expressly made subject to County's Sovereign Immunity, Title 5 of Texas Civil Practice and
    Remedies Code, and all applicable State of Texas and Federal laws.
 B. Entire Agreement. This Agreement, constitutes the entire agreement between the parties
    hereto and may not be modified except by an instrument in writing executed by the parties
    hereto as herein provided.
 C. Severability. If any provision of this Agreement shall be held invalid, void or unenforceable,
    the remaining provisions hereof shall not be affected or impaired, and such remaining
    provisions shall remain in full force and effect.
 D. DefanltfWaiverlMitigation. It is not a waiver of default if the non-defaulting party fails to
    declare immediately a default or delays in taking any action. Pursuit of any remedies set forth
    in this Agreement does not preclude pursuit ofother remedies inthis Agreement or provided by
    law.
 E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by
    State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract
    provision or other State of Texas or U. S. Government law, rule, regulation or other provision
    imposes additional or greater requirement(s) than stated herein, City agrees to timely comply
    therewith without additional cost or expense to County.
 F. Headings. The titles which are used following the number of each paragraph are only for
    convenience in locating various provisions of this AGREEMENT and shall not be deemed to
    affect the interpretation or construction of such provision.
 G. Number and Gender. Words of any gender used in this AGREEMENT shall be held and
    construed to include any other gender; and words in the singular shall include the plural and
    vice versa, unless the text clearly requires otherwise,
 H. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which
    shall be deemed an original, but all of which shall constitute one and the same instrument.




:MASTER AGREEMENT-:- 11/10/00                                                                   13
                   CATEGORY:         CONSTRUCTION MISCELLANEOUS

AGENDA DATE:                   January 10, 2001

COUNCIL DISTRICT(S):           All

DEPARTMENT:                    Public Works & Transportation

CMO:                           Jill A. Jordan, P.E., 670-5299

MAPSCO:                         N/A


SUBJECT

Authorize a Master Agreement with Dallas County governing future transportation major
capital improvement projects between the City of Dallas and Dallas County - Financing:
No cost consideration to the City

BACKGROUND

Dallas County has requested local governments sign a master agreement for future
transportation major capital improvement projects to be jointly developed by the County
and the City which will include general terms of the agreements used in the past. The
Master Agreement will cover transportation projects between the City and the County
and will specifically involve jointly sponsored Congestion Mitigation Air Quality (CMAQ)
and Surface Transportation Program-Metropolitan Mobility (STP-MM) projects
approved in TEA-21's first call for projects, thoroughfare projects approved in Dallas
County's first call for projects, and other projects to be identified in future project calls.
This master agreement will be executed once. After that, individual project agreements
will consist of information detailing the specifics of particular projects (scope of work,
responsibilities of each party, funding, etc.). This will streamline the current process,
expedite agreement execution, and save administrative time both on the part of Dallas
 County and the City of Dallas.

The Master Agreement contains elements identified as contract standards generally
agreeable to all cities and counties. These include items such as termination clauses,
amendments, utilities, maintenance, responsibilities of the parties, and others.
Individual project needs will be addressed as supplements to the master agreement.

There are no specific projects being approved or authorized with the master agreement
at this time. Having the master agreement in place will allow future supplements to
address the specific needs of individual projects. Each supplement will require future
consideration and action by the City Council. This action will authorize the Master
Agreement.
                                      FACT SHEET

AGENDA:       January 10, 2001

PROJECT:      Master Agreement with Dallas County

BACKGROUND:

•    Developed by Dallas County for use on all- jointly sponsored thoroughfare and
     TEA-21 projects.

•    Has been reviewed by the City Attorney and comments have been forwarded to
     Dallas County.

..   County is requesting all cities in the County execute a master agreement.

..   With the Master Agreement in place, it should reduce the amount of time required to
     get a draft agreement from County on a particular project.

..   It should also reduce the time required to get the agreement finalized and executed.

..   The Master Agreement will be supplemented in the future to address the specific
     needs of individual projects.

..   City is 100 % responsible for any amenities.

..   For any cost overrun, City and County agree to either reduce the scope of
     construction or seek additional funds at the agreed upon cost share percentage.

..   TEA-21 submission was approved by Council on April 28, 1999.

•    TEA-21 projects were approved for funding by the RTC in December 1999.

•    On December 21, 1999, Dallas County announced their first Call for Projects to be
     funded through the Dallas County Major Capital Improvement Fund Thoroughfare
     Program for construction beginning in 2004. This will replace the traditional bond
     program.

•    This program will be implemented by issuing an annual county-wide call for projects
     to identify and fund needed roadway improvements within the county, with local
     governments submitting candidate projects for potential selection and funding under
     this program.
     Approved Projects for Dallas County's Major Capital Improvements Fund
                 Thoroughfare Program's First Call for Projects
                                                                   Council
Project Name      From                    To                       District
Cockrell Hill     La Reunion              lH 30                       1
Fair Park Link    Exposition              Hall                        2
Clark             Mountain creek Pkwy     City Limit                  3
Linfield          SH 31O/SM Wright        Illinois Avenue             4
Jim Miller Road   Elam Road               Loop 12                     5
IH 35             Northwest Highway       Storey Road                 6
Military Pkwy     Lawnview                Forney                      7
Mockingbird       W. Lawther              E. Lawther                  9
Skillman-Audelia  South of Whitehurst     North of Adleta             10
Hillcrest         Royal                   Loop 12/Northwest Hwy    11,13
Routh             Ross                    US 75 SB Service Road       14


     Jointly Sponsored TEA-21 FirstCall for Projects for CMAQ and STP-MM

                                                                   Council
STP-MM Project Name      From              To                      District
Loop 354/Harry Hines     Motor             Oak Lawn                2
Inwood                   Lemmon            Loop 354/ Harry Hines   2,14
IH 30/RL Thornton Frwy   Munger            Carroll                 2, 7
Loop 12/ Buckner         Lake June         US 175/CF Hawn Frwy     5
Belt Line                SH 289/ Preston   Dallas Parkway          ii, 12


CMAQ Project Location/Name                        Council Districts
Beckley at W. Commerce                                   1
Colorado at Jefferson                                     1
Beckley at Colorado                                       1
Yarmouth at Zang                                          1
Gaston at Munger                                         2,14
Gaston at Washington                                     2, 14
Polk at Red Bird                                         4, 5
Buckner at Scyene                                         4
Camp Wisdom at Polk                                       5, 8
Hampton at Red Bird                                       5, 8
Oak Lawn at Stem mons                                     6
Camp Wisdom at Houston School                             8
Inwood Road at Lovers                                     13, 14
Avondale at Oak Lawn                                      14
Pearl at Woodall Rodgers                                  14
Olive at Woodall Rodgers                                  14
Beacon at Live Oak                                        14
Inwood at University                                      14
/                                                                                      COUNCIL CHAMBER

                                                                                       072183
                                                                                        Auaust 8.2007

    Section 5.   That the City Controller is authorized to disburse funds in accordance with
    the terms and conditions of the agreement with Dallas County from:

           . Street System Facilities Improvement Fund
             Fund ON22, Dept. PBW, Unit U224, Act INTS,
             Obj. 4111, Program PB06U224, CT PBW06U224K1
             Vendor #014003, in an amount not to exceed                         $2,500

    Section 6. That this resolution shall take effect immediately from and after its
    passage in accordance with the provisions of the Charter of the Clty of Dallas and it is
    accordingly so resolved.

    Distribution:   Public Works and Transportation, Cheryl Nichols, aCMe, Room 101
                    Public Works and Transportation, Dawns Brown, 1500 Marilla, L1as
                    City Attorney



                                                APPROVED BY
                                                 CITY COUNCIL

                                                 AUG 08 20D7
                                            a~~$~~
                                                 City Secretary

				
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