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COURT ORDER

ORDER NO. 013 02 1

DATE: February 5, 2013

STATE OF TEXAS §

COUNTY OF DALLAS §

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

held on the ~~_5_t_h~~~~_ day of ~~~F_e_b_r_u __ a_ryL-~_ ' 2013, on motion made by

Mike Cantrell, Commissioner of District #2 ~~~~~~~_ and seconded by

Dr. Elba Garcia, ~ommissioner of District #4 the following Order was adopted:

WHEREAS, it is the responsihility of the Dallas County Commissioners Court to appoint officers to the Dallas County Historical Foundation; and

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

WHEREAS, it is the desu:e of the Dallas County Commissioners Court to appoint/ re-appoint Edwin Keith Pomykal to serve on the Dallas County Historical Foundation for a two-year term, effective February 5, 2013 and expiring January 31, 2015; and

WHEREAS, this would be Edwin Keith Pomykal's first term; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does herehy appoint/ re-appoint the following citizen to serve on the Dallas County Historical Foundation for a two-year term, effective Februaty 5, 2013 and expiring January 31,2015:

Edwin Keith Pomykal (1) 4123 Cedar Springs, #5205 Dallas, Texas 75219 214/562-3207

DONE IN OPEN COURT this the __ ~5,,-,tcUh __ day of _-"F-"e~br",u",a±;ry,--_, 2013.

Dr. Theresa M. Daniel, Mike Cantrell,

,LL~~~~:a;.\l:...#;;~~,::::::D_i"ri" "~ dL Dr. Elba Garcia,

District #4

Recommended By: -cfJjttt,~,'f7f=C· ~-=. ::==::_~ .. :-~2~· ____ _ Darryl Martin, Administrator

11

COURT ORDER

ORDER NO.


STATE OF TEXAS §

COUNTY OF DALLAS §


held on the 5th day of ------~---

___ February, 2013, on motion made by

Mike Cantrell, Commissioner of District #2 __________ and seconded by

Dr. Elba Garcia, Commissioner of District #4 _____ the following Order was adopted:

WHEREAS, it is the responsibility of the Dallas County Commissioners Court to appoint officers to the Dallas County Trail and Preserve Program Board; 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/re-appoint, Ann Haughton Lamb, James N. White and Micbael Amonett to serve on the Dallas County Trail and Preserve Program Board for a two-year term, effective February 5, 2013 and expiring January 31, 2015; and

WHEREAS, this would be Ann Haughton Lamb's third term; and

WHEREAS, this would be James N. White's first term; and

WHEREAS, this would be Michael Amonett's first term; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby appoint/re-appoint the following citizens to serve on the Dallas County Trail and Preserve Program Board for a two-year term, effective February 5, 2013 and expiring lanuary 31, 2015:

Ann Haughton Lamb (J) 3005 Bryn Mawr Dallas, Texas 75225 214/926-4814

James N. White (1) 12330 Creekspan Drive Dallas, Texas 75243 214/244-7814

Michael Amonett (4) 2210 W. Tenth Street Dallas, Texas 75208 214/213-9304 214/942-5200, ext. 100

DONE IN OPEN COURT this the __ ~5,-,th,,--__ .day of February ,2013.

John rice, . trict #3

a ~]l1tj ~ I J&t:k Dr. Theresa M. Daniel,

District #1

~, Mike Cantrell,

District #2

, ~gL Dr. Elba Garcia,

District #4

Recommended By: -~!:::-arr-yfJM:-'·:-:-rt-;-i~-:-=~"'-d'C'·~=~;:-n-;-i:-tl-.~-to-r---

13

COURT ORDER

ORDER NO.

STATE OF TEXAS §

COUNTY OF DALLAS §


held on the 5th __ ~ day of Februaty ___ , 2013, on motion made by

Mike Cantrell, Commissioner of District #2 ----~-- --------- and seconded by

c:Dr~.~E=l::b::a,-,G::a=rc::c=i=a:2,~C:co:::mm=i=s=s=i=on=e=r=-o=f=-D=l=c. s=t",r",l:c:' c"'t=-Ic-14'--_____ the following Order was adopted:

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

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

WHEREAS, it is the desire of the Dallas County Commissioners Court to appoint/ re-appoint Bertha Beauman to serve on the Dallas County Welfare Advisory Board for a lwoyear term, effective February 5, 2013 and expiring January 31, 2015; and

WHEREAS, this would be Bertha Beauman's first term; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby appoint/ re-appoint the following citizen to the Dallas Connty Welfare Advisory Board for a two-year term, effective Februaty 5, 2013 and expiring January 31, 2015:

Bertha Beauman (1) 6520 Ravendale Lane Dallas, Texas 75214 972/824-3708 972/613-7945

DONE IN OPEN COURT this the __ ~5Lbth,,-__ day of _LF",eb",r""uilla.1+Y_ , 2013.

Ih~<-P ,)a,)v< Dr. Theresa M. Daniel,

District #1

Recommended By:

Mike Cantrell, District #2

Dr. Elba Garcia, District #4

COURT ORDER

ORDER NO.


STATE OF TEXAS §

COUNTY OF DALLAS §


held on the ~_-,5~t~h ____ day of February,"~~~ 2013, on motion made by

_Mi~' k_e~C_a_n_t_r_el_l~, ~C_o~mm~i_s_s_i_on~e_r~0_f~D_i~s_t_r~ie~t~j_'2~~~~~~~~~~~~ and seconded by

-=.Dr=-=-. ~E=l=b=a=-::G::a::r=c=ia=, _C=0=mm=i=s=s=i=on=e=r=-:0=f=-=D=i=s=t=r=i=c=t~j=14~~~~_ the following Order was adopted:

WHEREAS, it is the responsibility of the Dallas County Commissioners Court to appoint officers to the Metrocare Services Board of Trustees; and

WHEREAS, such appointments arc for a two-year term and expire January 31 5t of the appropriate year; and

WHEREAS, it is the desire of the Dallas County Commissioners Court to appoint/re-appoint Juan David Gutierrez to serve on the Metrocare Services Board of Trustees for a two-year term, effective February 5, 2013 and expiring January 31,2015; and

WHEREAS, this would be Juan David Gutierrez's first full term; and

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

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court does hereby appoint/re-appoint the following citizen to serve on the Metrocare Services Board of Trustees for a two-year term, effective February 5, 2013 and expiring January 31, 2015:

Juan David Gutierrez (4) 4127 Polaris Drive, #3020 Irving, Texas 75038 2141724-0144

DONE IN OPEN COURT this the __ -",5t",h~_,day of __ -,-F",eb",r""u",aJc.r·v __ , 2013.

a=;b. btllb,,, , Dr. Theresa M. Daniel,

District # I Mike Cantrell,

District #2


Recommended By: ~~')/=rlc~~~r ~DI-ar~r=Yl~~~a~rt7in~'-A~d~ln=1~'n7is-tr-a-to-r---

COURT ORDER

ORDER NO:,_:_2_0_1_' ~_~i)_O 2 t DATE: February 5,2013

STATE O'F TEXAS

COUNTY OF DALLAS

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

the 5th day of February, 2013, on motion made by Mike Cantrell Commissioner of Dist. , and

seconded by Dr. Elba Garcia, Commissioner of Dist. 114 , the following Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed on January 29, 2013 by the Office of Budget and Evaluation concerning the Public Defender's Office request to double-fill a case manager position; and

WHEREAS, the Public Defender's Office requests to fill the case m1ll1ager position while the Lead Case Manager is out on FMLA; and

WHEREAS, there is no additional cost for this position, as the current case manager is on leave without pay status.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that the Dallas County Commissioners Court does hereby authorize the Public Defender's Office to hire a full-time temporary case manager to fill the Lead Case Manager's position currently on FMLA leave.

DONE IN OPEN COURT this the 5th day of February, 2013. :1

/ ! • !

Jenkins, County Judge


Recommended by:_K---=.I--'--f' I_-_-'~'---_('_O"_'_\.U=___-___ _

Ryan/Brown, Budget Officer

02 f; ORDER NO: _____ _

DATE: February 5. 2013

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

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

held on February 5 ,2013, on motion made by Mike Cantrell, District 112

and seconded by Dr. Elba Garcia, District 114 , the following Order was adopted:

WHEREAS, on January 22, 2013, the Dallas County Commissioners Court was briefed on a recommendation to prohibit mining and drilling at the County's River Bend and Goat Island Preserves; and

WHEREAS, this recommendation was made in accordance with the requirements of a grant award that the County has received so that the acreage at these two open space preserves can be increased; and

WHEREAS, such a prohibition, which is consistent with a County strategic plan recommendation that the County undertake activities which improve the Dallas area's quality of life, will further help ensure that the wildlife and the vegetation at the County's two largest preserves will be protected.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court prohibits mining and drilling at the County's River Bend and Goat Island Preserves.

OURT this the 5th day of February , 2013.

K.b A ,l?k, .. Dr. Theresa M. Daniel Mike Cantrell

~~~~~~~~c-L0m~m~is~s~io~nerD_i~~tsric~t~#~1~~~~~~~~~~ Dr. Elba Garcia Commissioner District #4

n:~~'-----.) ______ R~e mmended by: -I-L!:2-----<{L!!!..~-'-----_,tL---

•

COURT ORDER I

ORDER NO: ot


STATE OF TEXAS'

COUNTY OF DALLAS'

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 5'" day of

February 2013, on motion made by Mike Cantrell, District 112 ---' and seconded by

Dr. Elba Garcia, District 114 , the following Order was adopted:

WHEREAS, On January 29, 2013, Commissioners Court was briefed regarding the request of the Honorable John Wiley Price to consider granting a Leave of Absence (LOA) for Delmon Jones (Employee# 28132-2), Equipment Operation I-job grade 6, who was hired on September 10,2012;

WHEREAS, The employee incurred an on-the-job injury on November 29, 2012 and a medical leave of absence (without pay) is required since the employee (1) has less than six months of service, (2) does not qualify for family and medical leave, and (3) has no accrued leave balances; and the time period requested is for up to 90 days from the date of injury (November 29, 2012) through February 28, 2013; and

WHEREAS, Section 82-472 (Employee Eligibility) of the Dallas County Code allows a regular full-time non-grant funded employee who is within their first six months of employment a leave of absence for up to 90 days, if requested by the elected officials/department head and approved as an exception by Commissioners Court; Section 82-473 (Reasons for Granting) of the Dallas County Code states a leave of absence can be granted for tbe recovery from an illness or disability not believed to be of a permanent or disqualifying nature; and

WHEREAS, Recommendations in this briefing are consistent with Dallas County's Strategic Plan Vision I, Strategy 1,5: Dallas County should maintain a strong, motivated workforce with no financial impact associated with this request.

IT [S THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approve the leave of absence requested by the Honorable John Wiley Price for Employee# 28132-2, an Equipment Operation 1, job grade 6, for Road and Bridge #3, for up to 90 days from the date of injury he incurred (November 29, 2012) through February 28, 2013.

DONE IN OPE~ ijJRT this the 5'" day of February, 2013,

.iU--/· ~'Jmjll)~'!A Dr. Theresa M. Daniel Mike Cantrell

Commissioner District # I

( LL2 Commissioner District #4

Recommende ~-:'I-~~~~~~~

02 ORDERNO: ______________ _

DATE: FEBRUARY 5, 2013

STATE OF TEXAS

COUNTY OF DALLAS

COURT ORDER

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

5TH day of February, 2013 on motion made by Mike Cantrell, District 112 , and seconded by,

Dr. Elba Garcia, District 114 the following order was adopted:

WHEREAS, this matter was briefed as information to the Dallas County Commissioners Court on January 29, 2013 concerning unresolved losses which have occurred as the result of deposit shortages, clerical errors, theft, and/or missing funds; and

WHEREAS, Commissioners Court approval is required to use countywide self insurance and errors and omissions funds to resolve these losses and relieve the elected official or office holder of financial responsibility; and

WHEREAS, Dallas County Code, Division 5, Section 74-671 through Section 74-673 and Division 6, Section 74-691 through Section 74-694, Government Code § 51.302 and Local Government Code § 82.003 govern the use of the identified funding sources; and

WHEREAS, the County Auditor recommended Commissioners Court provide direction for $2,566.99 in unresolved losses; and

WHEREAS, this matter is consistent with Vision I by providing sound, financially responsible, and accountable governance.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby authorize the County Auditor to process the necessary payments and transactions to clear unresolved losses totaling $100 without further action, $1,619.99 from County Wide Self Insurance (120.9910.07560), $747 from District Clerk Errors and Omissions (532.0000.21437), and $100 from County Clerk Errors and Omissions (532.0000.21438).

DONE IN OPEN COURT this the 5TH d

Recommended for Approval by:

01 02 9 ORDER NO: ___ _

DATE: February 5th, 2013

STATE OF TEXAS

COUNTY OF DALLAS

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

5th day of Febru:'ry, __ .".,~ _____ ~ 2013, on a motion

made by Mike Cantrell, Connnisi'lioI!,"'.J:" oUistrict 1/2 , and seconded by

Dr, Elba Garcia, Commissioner of District 114 , tbe following Court Order was adopted:

WHEREAS, the Commissioners Court was briefed on December 7, 20 I 0, on a recommendation by the District Clerk to use District Clerk Records Management Funds to fund the "Workflow"

WHEREAS, after briefing the Commissioners Court, the District Clerk and the County Clerk worked out an agreement to split the cost of tbe "Workflow," with each Clerk funding half the cost using tbeir individual Records Management Fund, and re-briefed tbe Commissioners Court with the plan on January 4 2013.

WHEREAS, funding the "Workflow" using the Records Management Funds of each Department is allowed under statute

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the use of Records Management Funds from each Clerk to fund the "Workflow"

5th day of~_..cF.£eb",r",uc'!aruY~ __ '.~~ .....

u •• ~~L,)~~~ .. Dr. Theresa M. Daniel, District # I Mike Cantrell, Distri ct .

Recomm oed by:


• Gary tzsimm09s, District Clerk

/ / /) .,,---_.-~

J07~;"'en, County Clerk

02 fI ORDER NO: ____ _

DATE: February 5th, 2013

STATE OF TEXAS

COUNTY OF DALLAS


day of ____ -"Fcoebocrccu=aryCL.. _________ , 2013, on a motion

~Mi=' k",e"--,C",a",n!Ct'o!r,-"e",l",l,",.,---"C..,o",!IlITll=·",s",s",i",o",n"e""r--",o"",f~D=i,,,s",trOcl=' c"t~f,,,-,~2",-______ , and seconded by made hy

Dr. Elba Garcia, Commissioner of District #4 , the following Court Order was adopted:

WHEREAS, the Commissioners Court was briefed on January 22, 2013, on a recommendation by the District Clerk to use District Clerk Records Management Funds to fund the one-year premium subscription for Hyland OnBase Training for Courts.

WHEREAS, any current employee of Dallas County will have access to the Premiwn Subscription Gallery and content once the subscription begins.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the use of District Clerk Records Management Fund (94083) in the amount of $4,785.89 to fund the one-year premium subscription for Hyland OnBase Training for use by all current Dallas County employees.


Han. Gary Digitolly ,;gncd by Ha,,- Golry Fi!",lmmons ON: tn~HM. Gary Flt<slmmons, o~D"II"s County, ou~DimictCI~rl<,

F.. Emall~gfitz,immons@d3H"<county.Drg,

____ I tzs I ~ m 0 r) 5 ~~: 2Q13.01.2915:46:34-<l6'OO·

Gary Fitzsimmons, District Clerk

DATE: February 5,2013

STATE OF TEXAS §

COUNTY OF DALLAS §

1 COURT ORDER

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas held on the 5th day of February, 2013 on a motion made by Mike Cantrell, Commissioner of Dist. 2

and seconded by Dr. Elba Garcia, Commissioner of Dist. 1/4

the following Order was adopted.

/

WHEREAS, the State Property Tax Code, Sec. 31.11, states that a refund in amounts over $5,000 for erroneous or excessive tax payments andj or waiving penalty and interest is to be approved by the Commissioners Court of Dallas County; and

WHEREAS, the Tax Assessor j Collector has attached a list for which request for waiver of penalty and interest, and

WHEREAS, the Dallas County Auditor's Office has agreed that a special briefing is necessary for the waiver of penalty and interest for the taxpayer and

WHEREAS, the Dallas County Tax Assessor j Collector has complied with the requirements of the State Property Tax Code, Sec. 33.011 & Sec. 33.08. It is the desire of the Commissioners Court to approve the attached list of request for waiver of penalty and interest.

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 February 5, 2013

is hereby approved for refund.

DONE IN OPEN COURT, this the r ary,2013

AYJENKINS, COUNTY JUDGE

/

DR. TH SIONER DISTRICT # T#3

MIKE C TRELL, COMMISSIONER DISTRICT #2

Recommended by:

For the period ending: FEBRUARY 5, 2013

ACCOUNT NUMBER

008420000A02AOOOO

322034000A0030000

//j

DALLAS COUNTY TAX ASSESSOR/COLLECTOR

REFUNDS FOR ERRONEOUS OR EXCESSIVE TAX PAYMENTS

FOR AMOUNTS OVER $5000.00

TAXPAYER REQUESTING REFUND ~MOUNT OF REFUND

FIRST AMERICAN TITLE INSURANCE $89,822.08

FIRST AMERICAN TITLE INSURANCE $6,089.71

NO PENALTY AND INTEREST WAIVED.

, TOTAL $95,911.79

CHECK #

463406

463406

_.......",f;Z.(-<:.· .. "'" ... ·.·.+4~""_..1.0~-"1 k"""'-'/'--tX:¥{L.~C' ~.""L.:.~-'=T-~-.-.,...-. _""", __ ' for the Dallas County Tax Assessor/Collector's Office

---.d"".9'--' '-. ........:, ,--"--,------------, for the Dallas County Auditor's Office

ORDER NO. __ O_j_·~_3_' _0 ;2 2 ? COURT ORDER


STATE OF TEXAS §

COUNTY OF DALLAS §


~day of February, 2013, on motion made by Mike Cantrell, Commissioner of District 112

and seconded by Dr. Elba Garcia, Commissioner of District 114 ,the following Order was adopted:

WHEREAS, an amendment to the Department of State Health Services (DSHS) Contract #2013-041 066-014A, Immunization Branch - Locals was briefed in Commissioners Court on January 29, 2013; and

WHEREAS, this amendment adds Disaster Services to the special provisions (Article II Services, Section 2.02), and is effective January 16, 2013; and

WHEREAS, DSHS shall reimburse Dallas County up to 5% of this Program Attachment funded by the Centers for Disease Control and Prevention (CDC) for personnel cost responding to an emergency event; and

WHEREAS, the discretionary County match will remain the same for this contract amendment; and

WHEREAS, the term of this amendment is September 1, 2012 through August 31, 2013; and

WHEREAS, recommendations included in this briefing 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 Department of State Health Services Contract #2013-041 066-014A, Immunization Branch -Locals, and authorizes the County Judge to sign the contract and all related documents on behalf of Dallas County.

T this the ___ -'5""_h _day of February

tWflS;c4'ounty Judge Dr. Theresa M. Daniel, District #1 ict #2

, ~d Dr. Elba Garcia, District #4

DEPARTMENT OF STATE HEALTH SERVICES

Amendment

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

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

Therefore, DSHS and Contractor agree as follows:

PROGRAM ATTACHMENT NO.-m4-OJ4A

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

('yfueraJ Provjsions. ARTICI,E II SERVICES Sectioo 2.02 Disaster Services is revised tv include the folJowjng:

In the event of a local state Of federal emergency the Contractor bas the'autbority to utilize apnroxjmately 5% of staff's time. supporting this program A.ttachment fur response efforts. DSHS shan rejmburse Contractor np to 5% of this program Attachment funded hy Center for Disease Control and Prevention (CDC) for nersonnel costs responding to an emergency eyent. Contractor shan maintain records to document the time spent on respouse efforts for audjting purposes Allowable aftjyjtjes also include partjcipation of drills and exercises in the prew event time period. Contractor sball notify the Assigned Contract Manager in writing when thjs provision is implemented.

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

Department of State Health Services

Signature of Authorized Official

Dale: ________________ _

David L. Lakey, M.D.

Commissioner

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

512.458,7375

[email protected]

Date: February 5, 2013

Name: Zachary Thompson

Title: Director

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

Phone:

j\ I

Page - 1 of I

Dallas, TX. 75207

214/819-2100

County Judge

COURT ORDER

ORDER NO. 0 13 022 :i ------= DATE: FEBRUARY 5. 2013

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

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

day of __ -LFEeb~rl.!!u!!!a.!...lry!..-____________ 2013, on motion made by

_Mi_·k_e_Ca_n_t_r_e_ll~,!..-C_omm_i_s_s_i_on~e_r_o_f_D_i_s_tr_l_'c_t~#2 ______________ ,andsecondedby

_Dr:::::":':..-::E:::.l b:::a::....:;G:;:a=.:rc::::i:::a'-'.,_C::::o::cmm=i:=:s::::s l=.:· on=e:::.r-.:o~f::.....=:D:::.i::::st::.:r:.=i::::c.=.t -.:!~~4,----______ , the followi ng Order was ad opted:

WHEREAS, the requested increase in discretionary County match funds was discussed in Commissioners Court on January 29, 2013; and

WHEREAS, due to the recent decrease in the Direct Services allocation under the FY 2012 Comprehensive Energy Assistance Program (CEAP) Contract, Dallas County Health and Human Services requests an increase in discretionary County match funds, in the amount of $160,000, for the impacted FY 2012 CEAP grant budget line items including Administration, Assurance 16, Direct Services, and Direct Services Support; and

WHEREAS, the discretionary County match increase request does not exceed the Department's total approved match amount, and requires the approval of the Commissioners Court.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the request for a discretionary County match increase in the amount of $160,000, for the Dallas County Health and Human Services FY 2012 Comprehensive Energy Assistance Program (Grant 08301), to accommodate deficits in the aforementioned expenditure items.

Dr. Theresa M. Daniel Commissioner, District No.1

Mike Cantrell Commissioner, . trict No.2

Dr. Elba Garcia Commissioner, District No.4

Recommended by: ~~~~Sl:A.)~-,-,----,--,-,--_=---c-_ Zafa-;Tho!&'lpson, ~irector, Health and Human Services

I'J} .~

ORDER NO, I" C .1


STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

COURT ORDER

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

the 5th day of _---'F~e""b"_ru"'a"'rv.L_ _____________ 2013, on motion made by Mike Cantrell, Commissioner of District #2 ________________________________________ , and seconded by

_Dr_,_E_lb_a_G_ar_c_i_a-,-, _C_o_mm_l_' s_s_io_n_e_r_o_f_D_is_t_r_i_ct_II_4 ______ , the following Order was adopted:

WHEREAS, the 2013 Comprehensive Energy Assistance Program was discussed in Commissioners Court on January 29, 2013; and

WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified Dallas County Health and Human Services of the 2013 CEAP Contract No, 58130001632, in the amount of $7,099,866; and

WHEREAS, administrative funds earned through the program may be utilized to purchase special equipment and vehicles as needed to further objectives of the program; and

WHEREAS, the 2013 CEAP Program offers utility assistance and emergency relief to assist those who are most vulnerable to the high cost of home heating and cooling, and is consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community; and

WHEREAS, Contract No, 58130001632 requires the approval of the Commissioners Court and the electronic signature of the County Judge,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the 2013 Comprehensive Energy Assistance Program (CEAP) Contract No, 58130001632, in the amount of$7,099,866, effective January 1,2013 through December 31,2013, and authorizes the County Judge to electronically sign the Contract on behalf of Dallas County,

DONE IN OPEN ~,

Recommended by:

5h

Dr. Theresa M, Daniel

Dr. Elba Garcia Commissioner, District No, 4

~~4 ~.!~S""-'7.-;---;--;--;---=-----;-Zacha fhompslfn, Dir (or, Health and Human Services

TEXAS DEPARTMENT OF HOUSI"iG A"iD COMMUMTY AFFAIRS CONTRACT NO. 58130001632 FOR THE

COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)

(CFDA # 93.568)

SECTION I. PARTIES TO THE CONTRACT

This Comprehensive Energy Assistance Program Contract No. 58130001632 (the "Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Tcxa<; (the "Department"), and Dalla~

County Department of Health and I-Iuman Services, a political subdivision (the "Subrccipient"), hereinafter the "Parties".

SECTION 2. CO'iTRACT PERIOD

The period for performance of this Contract, unless carlier terminated, is January 01, 2013 through December 31, 2013 (hereinafter the "Contract Term").

SECTION 3. SUBRECIPIENT PERFORMA'iCE

Subrecipient shall, on an equitable basis throughout its service area, operate a Comprehensive Energy Assistance Program, (hereinafter the "CEAP"), in accordance with the Economic Opportunity Act of 1964 (Public Law 88A52), the Low-Income Home Energy Assistance Act of 1981 as amendcd (42 U.S,c. Sec. 8621 et seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended) (hereinafter the "LlHEAP Act"), Chapter 2306 of the Texas Government Code (hereinafter the "State Act"), the implementing State regulations under Title 10, Part 1, Chapter 5, Subchapters A and D of the Texas Administrative Code, a~ amended or supplemented from time to time (hereinafter the "State Rules"), the LlHEAP State Plan, Subrecipient's Service Delivery Plan as defined in the State Rules, the Department's guidance related to CEAP, all applicable state and federal regulations and the terms of this Contract. Subrecipien1 shal! assist low-income households with priority being given in no particular order to elderly, persons with disabilities, households with a young child 5 years of age or under, households with high energy burden and households with high energy consumption. Subrecipient shall implement the CEAP in accordance with the Certifications attached hereto as Exhibit A, the Budget attached hereto as Exhibit B, the Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA") Requirements for the eEAP attached hereto as Exhibit C, the Documentation of Disability requirements attached hereto as Exhibit D, and al! such Exhibits incorporated herein for all relevant purposes; the assurances, certifications, and all other statements made by Subrecipient in its application funding under this Contract; and with all other terms, provisions, and requirements herein set forth. Subrecipient shall perfonn direct services under this Contract beginning on January 7, 2013 and continuing until the end of the Contract Term in accordance with the State Rules, amended to be effective January 7, 2013.

SECTION 4. DEPARTMENT OBLIGATIO'iS

A In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs for administrative expenditures and Assurance 16 activities as defined herein incurred by Subrecipient during the Contract Term and for the actual allowable costs for direct services incurred by Subrecipient on or after January 7, 2013, in the amount specified in Exhibit B, Budget, ofthi5 Contract.

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

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

D. Department is not liable for any cost incurred by Subrecipient which:

1, is subject to reimbursement by a source other than Department;

Page 1 of19

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

3. is for non-administrative services such as direct services incurred from January 1,2013 to January 6, 2013;

4. is not incurred during the Contract Term;

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

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

E. Subrecipient shall refund, within fifteen (I5) days of the Department's request, any sum of money paid to Subrecipient which Department determines has resulted in an overpayment or has not been spent in accordance with the terms of this Contract

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

57,099,866.00.

SECTION 5. METHOD OF PAYMENT/CASH BALANCES

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

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

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

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

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

F. AJI funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible clients of the CEAP and for allowable direct services inCllrred on or after January 7, 2013, and for allowable administrative expenditures and Assurance 16 activities defined below incurred during the Contract Tenn, including but not limited to training/travel expenditures and services that encourage and enable households to reduce their home energy needs and thereby the need for energy assistance (hereafter "Assurance J 6 activities") as defined in the LIHEAP Act

SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

A. Except as expressly modified by law or the tenns of this Contrac~ Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in the UGMS. All references therein to "local government" shall be construed to mean Subrecipient.

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B. Uniform cost principles for political subdivisions Uniform administrative requirements for political! "Audits of States, Local Governments, and organizations and other organizations expending

A-133 is $500,000.

are set forth in OMB Circular A·87 as implemented by 2 C.F.R. Part 225. subdivisions are set forth in OMB Circular A-102. OMB Circular A-133 Non-Profit Organizations," sets forth audit standards tor governmental

Federal funds. The expenditure threshold requiring an audit under Circular

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

D. Subrecipient may incur costs for activities associated with the closeout of the CEAP Contract for a period not to exceed forty

five (45) days from the end of the Contract Tenn defined in Section 2 of this Contract.

SECTION 7, TERMINATION ANI) SUSPENSION

A. Pursuant to §5.17 of the State Rules, Department may terminate this Contract, in whole or in part, at any time Department determines that there is cause for termination. Cause for termination includes, but is not limited to, Subrecipient's failure to

comply with any term of this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of the Contract. If the Department determines that a Subrecipient has failed to comply with the tenns of the Contract, or has failed to provide services that meet appropriate standards, goals, or other requirements established by the Department, Department will notify Subrecipient of the deficiencies to be corrected and require the deficiencies be corrected prior to implementing

termination.

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

allocation offunds to Subrecipient

C. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's performance including but not limited to, Subreceipienl's failure to correct any monitoring findings on this or

any state contract or on a single audit review. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract

D. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this contract by Subrecipien1. Department may withhold any

payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is otherwise determined in writing between Parties.

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

SECTION 8, ALLOWABLE EXPENDITlJRES

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

exceptions set forth in this Section.

B. CEAP funds may be used for administrative activities and Assurance l6 activities during the Contract Term as well as other

allowable expenditures under this Contract such as direct services incurred on or after January 7, 2013 until the end of the Contract Term, and include the following:

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

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

3. Intervening in energy crisis situations; or

Page30fl9

4, Department-approved travel and training.

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

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

E. Subrecipient shall provide direct services to clients on or after January 7, 2013 and within sixty (60) days of receipt of funds under this Contract pursuant to §5,406(b) of the State Rules, effective January 7, 2013.

SECTION 9. RECORD KEEPING REQUIREMENTS

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

B, Open Records. Subrecipient acknowledges that all information collected, assembled, or maintained by Subrecipient pertaining to this Contract is subject to the Texas Public Information Act, Chapter 552 of TexaS Government Code and must provide citizens, pub! Ie agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public 1nformatl0n Act.

C. Subrecipient shaH give the U.S. Department of Health and Human Services, the U,S. General Accounting Office, the Texas Comptroller, the State Auditor's Office, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of Subrecipient, all records pertaining to this Contract. Such right to access shall continue as long as the records arc retained by Subrecipient. Subrecipient agrees to maintain such records in an accessible location for the greater of: (i) four (4) years; (ii) if notHied by the Department in writing, the date that the final audit is accepted with aU audit issues resolved to the Department's satisfaction; (iii) if any litigation claim, negotiation, inspection, or other action has started before the expiration of the required retention period records must be retained until completion of the action and resolution of all issues which arise under it; (Iv) a date consistent with any other period required by federal or state law or regulation. Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection. Upon termination of this Contract, all records are property of the Department.

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

1. Client application containing all Department requirements;

2, Documentation/verification of client income for the thirty (30) days preceding their application for all household members eighteen (I8) years and older, or Declaration of Income Statement (DIS) (if applicable). In order to use the DIS form, each subrecipient shall develop and implement a written policy and procedure on the use of the fonn, including policies requiring a client statement of efforts to obtain documentation of income with a notarized client signature; a') outlined in § 5.407(e) ohhe State Rules.

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

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

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

6. Documentation ofbenefit<; determination;

7. Notice of Denial Form (ifappJicable);

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

9. Any documentation required by directives;

10. Priority rating form; and

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

E. Subrecipient shall maintain complete client files at all times. Costs associated with incomplete files found at the time of program monitoring may be disallowed.

SECTION 10. REPORTI:"IG REQUIREMENTS

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

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

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

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

E. Subrecipient shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central Contractor Registration (CCR) System number. The DUNS number must be provided in a document from Dun and Bradstreet and the current CCR number must be submitted from a document retrieved from the https:llwww.sam.gov/portalipublic/SAW website. These documents must be provided to the Departmcnt prior to the processing first payment to Subrecipicnt Subrecipient shall maintain a current DUNS number and CCR number for the entire Contract Term.

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SECTION 11. VENDOR AGREEMENTS

For each of Subrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement that contains assurances relating to fair hilling practices, delivery procedures, and pricing procedures for business transactions involving CEAP clients. All vendor agreements are subject to monitoring procedures performed by TDHCA. All vendor agreements must be renegotiated every two years.

SECTION 12. CHANGES ANI) AMENDMENTS

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

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

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

SECTION 13. PROGRAM INCOME

Subrecipient shall account for and expend program income derived from activities financed in whole or in part with funds provided under this Contract in accordance with the UGMS, Common Rule, L.25 and OMB Circular A~102, Attachment, 2e.

SECTION 14. TECHNICAL ASSISTANCE AND MONITORING

Department may issue technical guidance to explain the rules and provide directions on terms of this Contract. designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance with the terms

Department or its of this Contract.

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

SECTION 15. INDEPENDENT SUBRECWIENT

It is agreed that Depru1ment is contracting with Subrecipient as an independent contractor. Subrecipient agrees to indemnify Department against any disallowed costs or other claims which may be asserted by any third party in connection with the services to be perfom1ed by Subrecipient under this Contract.

SECTION 16. PROCUREMENT STANDARDS

A. For making procurements under this contract, Subrecipient shall comply with 45 CF.R. Part 92, OMB Circular A~102, 10 T.A.C §5.1 0, and all applicable federaL state, and local laws, regulations, and ordinru1ces.

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

Page 6 of19

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

SECTION 17. SUBCONTRACTS

A. Subrecipient may not subcontract the primary perfonnance of this Contract, including but not limited to expenditure and performance reporting and drawing funds through the Community Affairs Contract System, and only may enter into properly procured contractual agreements for consulting and other professional services, if Subrecipient has received Department's prior written approval. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client assistance wi!! be subject to monitoring by the Department as per Section 14.

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

SECTION 18. AUDIT

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

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

2. Sections 4 D (3) and (4) above notwithstanding, Subrecipient may utilize funds budgeted under this Contract 10 pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract.

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

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

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

Page 7 of 19

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

facilitate such audit

D, Subrecipient understands and agrees that it shall be liable to the Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Subrecipient further W1derstands and agrees that reimbursement to Department of such disallowed costs shall be paid by Subrecipient [rom funds which were not provided or otherwise made

available to Subrecipient under this Contract.

E. Subrecipient shall facilitate the performance of such audit or audits conducted pursuant to this Section 18 as Department may

require of Subrecipient.

F. Subrecipient shall procure audit services through an open, competitive process at least once every four years. The auditor shall retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the

Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary.

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

SECTION 19. MANAGEME"iT OF EQUIPMENT AND INVENTORV

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

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

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

to itself or to any other entity receiving Department funding.

SECTION 20. TRAVEL AND TRAINING

The travel funds are to be used only for Department~approved training events, Subrecipient shall adhere to OMB Circular A~87 and

either its board~approved travel policy, or in the absence of such a policy, the State of Texas travel policies.

SECTION 21. BONDING AND INSURANCE REQUIREMENTS

A. If Subrecipient will enter in to a construction or facility improvements contract widl a third-party in dle amount of $25,000 of greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient will enter in to contract with a prime contractor in excess of $100,000, a performance bond in the full amount of the contract is also required. These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be

obtained fTOm the State Insurance Department. Such assurances of completion will run to the Department as obligee and must be documented prior to the start of construction.

B. Subrecipient shall maintain adequate personal injury and property damage liability insurance. Subrecipient is encouraged to obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance

policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence items, Subrecipient should review existing policies to detelTIline if lead contamination is covered, If it is not, Subrecipient should consider securing adequate coverage for an construction projects. Additional liability insurance costs

may be paid from administrative funds. The Department strongly recommends the Subrecipient require d1Cir contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best course to take for implementing the pollution occurrence insurance coverage,

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SECTION 22. UTIGA nON AND CLAIMS

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

SECTION 23. LEGAL AVTHORITY

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

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

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

SECTION 24. COMPUANCE WITH LAWS

A. FEDERAL. STATE AND LOCAL LAW. Subrecipient shan comply with the LlBEAP Act, the federal rules and regulations promulgated under the LlBEAP Act, the State Act, the State CEAP Rules, LlHEAP State Plan, and all federal, state, and local laws and regulations applicable to the performance o1'this Contract.

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

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

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

SECTION 25. l'REVENTION OF WASTE, FRAUD, AND ABUSE

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

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

Page 9 of 19

C Subrecipient may 110t discriminate against any employee or other person who reports a violation of the terms of this Contract, or of any law or regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith.

SECTION 26. CERTIFICATiON REGARDING UNDOCUMENTED WORKERS

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

SECTION 27. CONFLICT OF INTEREST/NEPOTISM

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

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

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

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

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

SECTION 28. POLITICAL ACTIVITY PROHIBITED

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

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

SECTION 29. NON·DISCRIMINATION AND EQUAL OPPORTUNITY

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

Page 10 of 19

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

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

SECTION 30. CERTIFICATION REGARDING CERTAIN IHSASTER RELJ};F CONTRACTS

The Department may not award a Contract that includes proposed financial participation by a person who, during the five year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract awarded by the federal govemment for relief, recovery, or reconstruction e1forts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts a'> a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.

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

SECTION 31. MAIl\TENANCE OF EFFORT

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

SECTION 32. DEBARRED AND SUSPENDED PARTIES

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

SECTION 33. FAITH BASED AND SECTARIAN ACTiVITV

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

SECTION 34. COPVRIGHT

such as worship, religious Subrecipient shall comply

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

SECTION 35. NO WAIVER

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

Page 11 of19

SECTION 36. SEVERABlLlTV

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

SECTION 37. ORAL AND WRITTEN AGREEMENTS

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

and are contained in this Contract

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

this Contract:

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

2 Exhibit B, Budget

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

4 Exhibit D, Documentation of Disability

SECTION 38. SPECIAL CO:-<DITIONS

A. In order to achieve compliance with the LlHEAP Act, Subrecipient must coordinate with other energy related programs.

SpecifIcally, Subrecipient must make documented referrals to the local Weatherization Assistance Program subrecipient and the Lite Up Texas program administered by the Public Utility Commission of Texas

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

SECTION 39. APPEALS PROCESS

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

SECTION 40. USE OF ALCOHOLIC BEVERAGES

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

SECTION 41. FORCE MAJURE

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

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

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

Page 12 of 19

SECTION 42. TIME IS OF THE ESSENCE

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

SECTION 43. COUNTlCRPARTS AND FACSIMILE SIGNATURES

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

SECTION 44. NUMBER, GENDER

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

SECTION 45. NOTICE

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

As to Department:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

P. O. Box 13941

Austin, Texas 78711-3941

Attention: Michael DeYoung

Telephone: (512)- 475-3950

Fax: (512) - 475·3935

m ichae L [email protected]

As to Subrecipient:

Dallas County Department of Health and Human Services

2377 N. Stemmons Freeway LB 16

Dalias, TX 75207

Attention: Zachary Thompson, Executive Director

Telephone: (214) 819-1848 Fax: (214) 819-6022 Email: [email protected]

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

Page 13 of 19

SECTION 46. VENUE AND JURISDICTION

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

EXECUTED to be effective on : 1/1/2013

Dallas County Department of Health and I-Iuman Services

a political subdivision

By:

Title:

TEXAS DEPARTMENT OF HOUSING AND COMMtJNITY AFFAIRS,

a public and official agency of the State of Texas

By:

Title: Its duly authorized officer or representative

Page 14 of 19

TEXAS DEPARTMENT OF HOCSING AND COMMUNITY AFFAIRS

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

(CFDA # 93.568)

EXHlBlT A CERTIFICATION REGARDlNG LOBBYING FOR

CONTRACTS, GRANTS, LOANS, AND COOPERA nVE AGREEMENTS

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

The undersigned certifies, to the best of its 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 employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering in10 of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement.

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

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

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

This certification is material representation of fact on 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 than $10,000 and not more than $100,000 for each such failure.

Dallas County Department of Health and I·Iuman Services a political subdivision

By:

Title:

Date:

Page 15 of 19

TEXAS DEPARHIENT OF HOUSING AND COMMUNITY AFFAIRS


(CFDA # 93.568)

EXHIBIT B BUDGET

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

DEPARTMENT FINANCIAL OBLIGATIONS

$ 7,099,866.00 CEAP FUl\'DS CURRENTLY A V A1LABLE

$ 1,200.00 TRAlP:ING TRA YEL ALLOWANCE FUNDS CURRENTLY AVAILABLE

BlIDGET FOR AVAIlABLE ALLOCATIONS

BUDGET CA TEGORY FUNDS

Administration $ 443,667.00

Assurance J 6 $ 473,665.00

Direct Services $ 6,181,334.00

TOTAL CEAP BUDGET $ 7,098,666.00

BUDGET CATEGORY FUNDS

Household Crisis $ 3,090,667.00

Utility Assistance .$ 3,090,667.00

TOTAL DIRECT SERYICES $6,181,334.00

Subrecipient's service area consist~ of the following Texas counties:

DALLAS

Page 160f19

%

-

-

-

-

%

50.00

50.00

100.00

Administrative costs, salaries, fringe benefits, non~training travel, equipment, supplies, audit and office space are limited to 6.2% 01 the contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of administrative costs for Assurance 16 Activities, must be paid with nonfederal funds.

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

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

Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility.

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

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

Page 17 of 19

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CONTRACT NO. 58130001632 FOR THE FY2013 COMPREHENS1VE ENERGY ASS1ST ANCE PROGRAM (CEAP)

(CFDA # 93.568)

EXl-11131T C

PRWORA REQUlREMENTS

Dallas County Department of Health and Human Services

a political subdivision

If an individual is applying for LII-IEAP funds, a Subrecipient must verify that the individual applying for LIHEAP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), Pub, L 104-193, 110 Stat. 2105, codified at 8 U .S,c. § 1601 et seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.

To ensure administers eligibility. eligibility.

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

An exception to the requirement of verification of alienage status applies when the applicant's eligibility is determined by a non-profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable." An organization is "nonprofit" if it is organized mld operated for purposes other than making gains or profits for the orgmlization, its member or its shareholders, and is prccluded from distributing any gains or profits to its members or shareholders, An organization

is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its genera!!y accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed or the underprivileged, as weI! as religiously-affiliated organizations and educational organizations. Federal Register on November 17, 1997 at 62 Fed. Reg. 61344.

Page 18 ofl9

TEXAS DEPARTMENT OF HOl;SING Ai\D COMMUNITY AFFAIRS


(CFDA # 93.568)

EXHIBIT D DOCUMENT A nON OF DISABILITY

Dallas County Depm1ment of Health and Human Services, a political subdivision

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

2. Documentation of Disability must NOT include protected health information as defined in the Texas Health and Safety Code, Subtitle 1, Chapter 181.

Page 190f19

COURT ORDER

DATE,~: __ ~F~e~b~ru~a~ry~O~5~,~20~1=3

STATE OF TEXAS §

COUNTY OF DALLAS §


__________ ~5_th _________________ dayof ______ ~P~e~b~r~umy~ ___________________ ,2013,on

a motion made __ Mi_·k_e __ C_a_n_t_r_el_l...:''--C_omnu ___ · s_s_i_o_n_er __ o_f __ D_i_s_tr_i_c_t __ ft_2 _______________ , and seconded by

_Dr __ , __ E_lb_a __ G_a_r_c_ia--,-' _C_o_mm __ i_ss_l_' o_n_e_r_o_f __ D_i_s_t_rl_' c_t __ fl_4 _________ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Conrt on Pebruary 05, 2013 on the first twelve (12) month extension of Bid No. 2011-100-5716 Annual Contract for the Printing and Production of Election Ballots and the Conversion of Audio Ballot Voice Piles with Election Systems & Software, Inc.; and

WHEREAS, Election Systems & Software, Inc. has agreed to extended the contract for an additional twelve (12) months; and

WHEREAS, the contract provides various styles of election ballots and audio ballot voice files; and

WHEREAS, the term of this extension is January 01,2013 through December 31, 2013; and

WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Conrt does hereby authorize the first twelve (12) month extension of Bid No. 2011-100-5716 Annual Contract for the Printing and Production of Election Ballots and the Conversion of Audio Ballot Voice Piles with Election Systems & Software, Inc. for the period January 01, 2013 through December 31, 2013 in accordance with the terms, conditions and pricing set forth and authorizes all County documents/payments to reflect accordingly.

DONE IN OPEN .. 5th day of--'P"'e""b""ru""a"-ryL--_____ , 2013

/

Dr. Theresa M. Daniel, District # 1 Mi e Cantrell, District #2

~~..-<:::.-.-~ $, istrict #3 Dr. Elba Garcia, District #4

~R~~'Hmended by: _/dwL.:::'-'-"""'-'l>!.l1uIbV":""~-'~'="'''''':.LJLJ...I'_')I'''A.-..J"''-_:__-_ Shannon S. Brown, Purchasing Agent/gm

DALLAS COUNTY PURCHASING DEPARTMENT

January 28, 20 r 3

Mr. Mark Kelley Electipn Systems &; Software, Inc. 11208 J.ohn Galt Blvd. Omaha, NE 68137

REo Bid No. 2011-100~57\6 AnnualContTact forthePrinting.artd Production of Election Ballots .odthe Conversion of AudioB.IM Voice Files

Dear Mr. Kelley:

The aforementioned contract between D,mas County and your organization expired on December 31, 2012. The contract contains provisions at the end of contract period and upon mutual agreement by aU parties, the option loextend for an a4dition-altel1h (January 0 1,2013"tlrroughDecember 31,20Ll)' All terms, conditions and pricingslrtlclt!reofthe origirjal contra9l:. will be unchanged thrQngb the extc)lsion perjodsexcept as provided In the~tra"t

The purpose ofthisletteris to solicit your intentiorrsregarding the extension of this contract. It does not constitute a contractual commitment. Your response will he ml offer of extension to.DallasCounty, It will be reviewed by the County for compliance with contract terms and conditions. Acceptance of this offer mld conlractualcommitraent will occUTwith !he'pnblication ofarevisionto the contract statlng'lhe eXtension period atld any. other revigions.

All extensiorrs of the proposed contraCt will he based on the availability of del'arlmMtal funding, Contractor IV enOOr perfonnance, mutual agteement byalJ parties involved, and the final approvalby the Dallas County Commissioners Court.

Please indicate below your intentions r"garding the extension ofthis contract and return tbesigned letter alOng wit)1 art updated EE01 fonn (aU)!.ched) to the Dallas County Purchasing Department.

SliQuld youhav¢ any questions feel fte" to contact me via email Ql<2!:i1hr;:!;;£~Q£]'Jl@:!!irUill!l¥lill]1Y.1iw:t: or by fax at 214.653.7449.

SincerelY1

Gloria McCUlloch, Assistant Purchasing Agent

Pleasciniti,ll ollc(l} only and sign below:

./ltlJt Yes, we hereby offer to exteudlhe·afarementkmed cantraL'!

No, we do not wish to extend the aforementi'Oned-contract

_~lection System,,_1io Software,~~~_~_

~m 0/ Printed Name-.and Title (fTOm above}:Mark W. Kelley-Director

Print Services

ftOQ.S93-0101!4P2-970-1276 Telephone Nmnber /Fax Nctuher

January 29, 2."013 Date

Email:[email protected]

509MainStreei,6ffi Floor, Suite 623, Dillias Texas 75202-3340 (214) 653-7433. Fax (214) 653-7449. '2l<'llj!JJ;1l'~;!!.ll'?21t.@ill~'£Q!ll.1!Y;Q[g

co= L302814

u= L302814

SECTION B - COMPANY IDENTIFICATION

I. ELECTiON SYSTEMS & SOFTWARE 11208 JOHN GALT BLVD OMAHA, NE 68137

SEcnON D- EMPLOYMENT DATA -

EQUAL EMPLOYMENT OPPORTUNITY

2012 EMPLOYER INFORMATION REPORT

CONSOLIDATED REPORT - TYPE 2

2.~ ELECTION SYSTEMS & SOFTWARE 11208 JOHN GALT BLVD OMAHA, NE 68137

c. Y

SECTION C - TEST FOR FILING REQUlREME!'.'T

l-Y 2-N 3-Y DUNS NO.:037661667

SECTION E - ESTABLISHMENT INFORMATION

NAICS:

~.--

HISPk .... ICOR NOT-HISPANIC OR Lo\l'lNO LATINQ

**.., "'** '" ............... MALE"''' '" "' .. ***** ...... .. .. *,. ....... ***"',. FEMALE * * '" ",,..it * * ** *

]ODCATEGORlE.,) BLACK OR

NATIVE AMERICAN TWO NATIVE jHAWAilAN RLACKOR

Nl)IAN OR OR AWAUAN MAU FEMALE <",FRJCAN OR AFRICAN OR WHITE !l.SlAN ALASKAN MORE WHITE

AMERICAN PACIFIC

MERICAN PACmC ISLANDER NATIVE RACES

fsLANDER

-EXECUTIVE/SR OFHClAl.S & MGRS

0 0 9 0 1 0 0 0 1 0 0 FIRst IMID OFFICL\LS I'< MGRS 0 0 47 3 0 1 0 0 14 0 0

PROFES'lIONItLS 3 1 124 6 1 11 0 1 56 7 0 TECHNlCIANS 4 1 23 2 0 3 0 1 0 0 0

SALES WORKERS 0 0 13 0 0 0 0 0 2 0 0 --.- ---~--

AOMfNISTRA nVE SUPPORT 2 1 17 3 0 1 I 0 0 37 1 0 -

CRAFT WORKERS 0 0 8 1 0 0 0 0 2 0 0 .-

OPERATIVfS 0 1 17 0 1 1 1 2 5 0 0 LABORERS & HELPERS 0 0 2 0 0 0 0 0 2 0 0

._.-SE.ftVICE WORKERS 0 0 0 0 0 0 0 0 0 0 0

---TOTAL 9 4 260 15 3 17 1 4 119 8 0

PRFVIOUS RFPORTTOTAI 7 4 241 14 3 14 2 4 12Q 6 0 _.-

SECTION F - REMARKS

DATES OF PAYROLL PERIOD: 0811112012 THRU SECTION G - CERTIFICATION

0812412012

CERTIFYING OFFICIAL: EEO-1 REPORT CONTACT PERSON:

BEVERLY CAVANAUGH BARBARA R REEVES

TITLE: HUMAN RESOURCES DIRECTOR TITLE: HUMAN RESOURCES GENERALIST

.... MERIC'\N

ASIAN INDlANQR .... LASKAN NAT1VE

0 0

3 0

13 0

0 0

0 0

0 0

0 0

0 0

0 0 0 0

16 0

12 0

TWO OR

MORE

RACES

OVERALL

rOTALS

.-~---

0 11

0 68

1 224

0 34

0 15

0 62

0 11

0 28

0 4 0 0

1 457

0 427 -----

EMAIL: [email protected] TELEPHONE NO: 4029701160 CERTIFIED DATE[EST]:091131201212:37 PM

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o N

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2148196301 DALLAS COUNTY ELECTI 04:22:49 p.m. 01-29-2013 1/1

w DALLAS COUNTY •••••••••

~*'"' PURCHASING DEPARTMENT

..

..

•

January 28, 2013

To:

From:

Subject:

Toni Pippins Poole, Elections Department

Gloria McCulloch, Purchasing Department

Bid No. 2011-100·5716 Annual Contract forthe Printing and Production of Election Ballots and the Conversion of Audio Ballot Voice Files

The aforementioned contract, as awarded to Election Systems & Software, is up for extension/renewal. As the Contract Manager(s)for this service andlor goods your department has three, (3) options:

Option I:

Option 2:

Option 3:

Exercise the extension option set forth in the bidJproposal bas-ed on existing terms and conditions. All extensions are subjected to fina! approval and authorization by the Dallas County Commissioners Court. (The- current vffldor(s) bas/have agreed in writing to the extension)

Re~bid this contract. If, your department chose to re-bid please update and make any required revisions to the specifications, terms, conditions, and requirements.

The services and/or goods stated in this contract are no longer required by this departnlont please cancel all future solicitation requests relating to this contract.

Please sign and return this/orm with all comments and/or revisions (if any) to the Purchasing Department, Attn: Gloria McCulloch. Should you have any questions, please contact me at 214.653. 7433. Your cooperation to this matter is greatly appreciated

1.

2.

3.

4.

Upon review of the aforementioned contract: (Please initial one only and sign below)

Services currently performed by the Contractor(s) is/are in compliance with contract requirements. As a result of the contract extension options contained within the solicitation should be exercised. This department requests that the contract be extended for an additional twelve (12) month period. lfyour department chose to extend, how would you rate vendor performance for the requested services and/or products over the past 12 months: (This survey information is required perCommissioners Court request).

How would you rate each vendor quality of work performed: Excellent (4). Good (3), Satisfactory (2), or Poor (I). Please state response here» 6f Wa..<; work completed ar products delivered in a timely manner: 5....-:A:lways (5), 4- Most of the time (4), Some of the time (3), Seldom (2), or Never (I). Please state response bere» ')

How would you rate each vendor's responsiveness to Dallas Courv» inquires or problems: Excellent (4), Good (3), Satisfactory (2), or Poor (1). Please state response here» __ ':£1-. __

How would you rate vendor employee courtesy: Excellent (4), Good (3), Satisfactory (2), or Poor (1). Please state response here» V -

5. How woutd you rate each vendor overall performance for the requested services/and or prpducts over the past 12 month?

6.

Excellent (4), Good (3), Satisfactory (2), or Poor (I). Please state response bere» .::L

Any issues/problems with the current vendor over the past 12 month? ~ Yes or ~ If yes, please state the issues/problems in details (attachments are allowed ifadditional space is required for comments).

Please re-solidt this contract revisions are required and have been made.

Services and/or goods stated in this contract are no longer required by this department please cancel all future solicitation request " _; rela -' ng tothis contra~

:J£,~", \, \., . t· )'(;1>'" . .:-··1-<14<,= Authorized Signature ntrad Manager Prioted Name (from above): _____________________ _

509 Main Street, 6th FloQr, Suite 623, Dallas Texas 75202-3340 (214) 653-7431. Fax (214) 653·7449. Gloria.McCulloch(ii!dallascoull1v.org

COURT ORDER

112' ') if' ORDER NO: ______ "'J ,N n

DATE.~:_~F~e~b~ru~a~ry~5~,~20~1~3

STATE OF TEXAS §

COUNTY OF DALLAS §


______ 25_(h _________ dayof ____ ~F~e~b~r~umy~ ___________ ,2013,on

a motion made by Mike Cantrell, Commissioner of District 112 , and seconded by

_Dr_._E_l_ba_G_a_r_c_i_a:..., _C_O_Illffil_' _SS_l_' 0_n_e_r_o_f_D_i_s_t_r_ic_t_II_4 _____ , the following Court Order was adopted:

WHEREAS, the Purchasing Department briefed Commissioners Court on February 5, 2013 on the first twelve (12) month extension of Bid No. 2012-024-5845 Annual Contract for Purchase of Road and Highway Building Material with TXI Operations; and

WHEREAS, Trinity Materials, Inc. notified Dallas County Purchasing that they will not be extending their contract Item 5 of the contract for Washed Sand and the procurement of these goods will be as needed in accordance with purchasing policies and procedures; and

WHEREAS, the contract provides road and highway building materials to Road and Bride #3; and

WHEREAS, the term of this extension is February 7,2013 through February 6,2014; and

WHEREAS, the extension of this contract supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Comt does hereby authorize the first twelve (12) month extension of Bid No. 2012-024-5845 Annual Contract for Road and Highway Building Materials with TXI Operations for the period February 7, 2013 through February 6, 2014 in accordance with the terms, conditions and pricing set forth and authorizes all County documents/payments to reflect accordingly.

this the 5th day of~F!.:'e~b~ru!!!ae!rLY _____ , 2013

Recom ended by: _~~--'-"""""lLILeJ!:I!·=-.,L~"'-<...lL..IlJ".!""'-'=~ __ Shannon S. Brown, Purchasing Agent/sw

January 17,2013

TXIOperations. 1341 W. Mockingbird Lane Dallas, TX 75247

DALLAS COUNTY

PURCHASING DEPARTMENT 509 Main Street 6th Floor Room 623, Dallas TX. 75202

Subject Bid No. 2012-024-5845 - Annual Contract Road and Highway Building Materials Items 1-4

Ms. Etta Dean,

This contract contains a provision for extension and may be extended from February 7, 2013 to February 6, 2014. All terms, conditions and pricing structure of the original contract will be unchanged through the extension period except as provided in the contract.

The purpose of this letter is to solicit your intentions regarding the extension of this contract. It does not constitute a contractual commitment. Your response will be an offer of extension to Dallas County, It will be reviewed by the County for compliance with contract terms and conditions, Acceptance of this offer and contractual commitment will occu,. with the publication of a revision to the contract stating the extension period and other revisions.

All extensions of the proposed contract will be based on the availability of departmental funding, vendor performance, mutual agreemcnt by all parties involved and the final approval by the Dallas County Commissioners Court,

Please indicate below your intentions regarding the extension of this contract and return the signed letter along with an updated EEO I form (attached) to the Dallas County Purchasing Department via fax (214-653-7878) no later than January 23, 2013.

Sincerely,

Steven Williams Steven Williams Buyer

Yos, we hereby offer to extend this contract

____ No, we do not wish to extend this contract

-=----,-,-' x: L 0 D(:;8Jq;n OjJ-S ComN~lY Name ~I ,-__ C.c 'f'-f )

Gu-~' ( LA.~ Anthorized Signature

S-~.tA 1) 2A-rJ Printed Name:

C: File: 2012-024-5845

JA-NVAi2j /1, :J.Clj Date J

-------l

DALLAS COUNTY

PURCHASING DEPARTMENT 509 Main Street 6th Floor Room 623, Dallas TX. 75202

January 14,2013

To: Ms. Cartricee Washington

From: Steven Williams, Buycr

Subject Bid No. 2012-024-5845 - Annual Contract for Road and Highway Building Materials.

The aforcmentioned contract, as awarded to TXI Operations, is due to expire on February 06, 2013. As the Contract Manager for this service and/or goods your department has three (3) options:

Option 1:

Option 2:

Option 3:

Exercise the extension option sct forth in the bid based on existing terms and conditions. All extensions are subjcct to final approval and authorization by the Dallas County Commissioners Court.

Re-bid this contract. If, your department chooses to re-bid, please update any required revisions to the specifications) terms, conditions, and requirements.

The services and/or goods stated in this contract are no longer required by this department. Please cancel all future solicitation requests relating to this contract.

Please sign and return this form with all comments and/or revisions (if any) to the Purchasing Department, Attn: Steven Williams, no later than January 18,2013. Should you have any questions, please contact me at 214-653-7434. Completed forms can be faxed to 214-653-7878. Your cooperation in this matter is greatly appreciated.

REPLY: Upon review of the aforementioned contract: (Please initial one only and sign on following page.)

~;$ Services currently performed by the Contractor(s) is/are in compliance with contract requirements. As jJN / a result of the contract extension options contained within the solicitation, this depat1ment requests

that the contract be extended for an additional twelve (12) month period. If your department chooses to extend, how would you rate vendor performance for the requested services and/or products over the past 12 months? (This survey information is required per Commissioners Court request).

I. How would you rate each vendor quality of work performed? 4- Excellcnt, 3-Good, 2-SatisfactO?/or 1- Poor. Please state response here»....:..::;z::...",-_

2. Was work completed or products delivered in a timely manner? 5-Always. 4-Most of the time, 3-Some of the time, 2-Seldom, or I-Never. Please state response here» ~~

3. How would you rate each vendor's responsiveness to Dallas County inquiries or problems? 4-Excellent, 3-G0j:?-Satisfactory• or I-Poor. Please state response here»

4. How would you rate the courtesy ofthe vendor's employees? 4-Excellent, 3-Good, 2-Satisfactzr I-Poor Please state response here» .

5. How would you rate each vendor overall performance for the requested services/and or products over the past 12 months? 4-Excellent, 3-Good, 2-Satisfactory, pr I-Poor. Please state response here» £

Please elaborate on any areas of concerns or where improvement is required:

Please re-bid this contract. Revisions are required and have been made (see attached).

Printed Name (from above):_--"-L~'-"~~--L....

c: File Bid No. 2012-024-5845

COURT ORDER Z'7

ORDER NO: 01 DATE: February 5, 2013

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 5th day of February,

2013, on a motion made by Mike Cantrell, Corrnnissioner of District 112 , and seconded by

--=Dr=.'--.:E:::l:::ba=_G::::a",r=-c::::l:::· ",ac>,---"C"o",rrnn=i",s",s",i",o"n"e",r,--,o",f"-,D",l,,,' s"-t"r=-l,,,' ::::c-"t--"II,,4 ___________ , the following order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

this item was briefed on January 15, 2013; and

Parkland Health and Hospital System (PHHS) has requested a parking agreement for the Frank Crowley 0 garage located at 133 N. Riverfront, Dallas and at the George Allen/Founders Plaza parking garage located at 600 Commerce, Dallas; and

a total of approximately 200 Parkland employees will be parking at Frank Crowley and approximately 100 employees will be parking at George Allen/Founders Plaza; and

participating Parkland employees will be charged the Dallas County employee rate at both locations; and

the Dallas County Parking Operator will submit a list of participants along with each monthly billing to PHHS staff; and

Dallas County will continue to provide security, janitorial, and pest control services with no impact to current business operations; and

the District Attorney's office and counsel for PHHS have reviewed the agreement and concur:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Comrnissioners Court of Dallas County, Texas does hereby approve the agreement between Parkland Health and Hospital System and Ace Parking at the Frank Crowley D and George Allen/Founders Plaza parking garages, which authorizes Ace Parking to collect fees from Parkland on behalf of Dallas County.

DONE IN OPEN COURT this the 5th day of February, 2013.

Dr. Theresa M. Daniel Commissioner District #1

<.

Mike Cantrell Commissioner District #2

Dr. Elba Garcia Commissioner District #4

/ Recommended bY:-'-:"""~~===j"""''''-__ _

1. Dallas County Hospital Distrid d/b/a ,Parkland Health & ffosplhll System Obligations:

l. The Dallas County Hospital District d/bJa ParkhHlci He.alth and Hospital System (hereinafter rere.red to as "District") shaU pay the monthly fee for the tota] OI!mbcr of Customers provided to A('.e Parking Malljlg~mellt, lut'. (J:Jt'.reinaftl~r referred ill a" "Ace") by District. The total number ofCustomcrs is subject to (~hHnge and District wiiI rlOtif)' Ace of <lny £flanges in the total number of CnsttlOlerS prior 10 the first day oftne next month,

II, Customer Ohligations;

Act' includes all ofilS cmpl')y.::es, shareholders, oflkers, directors, attiliates and related companies, as well as thc owner, lessor, je.%ec, management company lind all relat<-_d e!ltities ofih0 parking facility described, above, Customm· shall refer to the individual using the parking (acility located af 199 N. Riverfront Blvd., Gallas, Texa~ 75235 (Frank Crowk.)') and/or 6{)! Comm0rcc~ Street, DaHas, T<.."-XlIs 752fl2 (George Allen).

Z. Ace is offering a license to park duringX}lc posted nolirs of operllliOIl, Customer acknowledges and agrees tOllt Custofner parks and lock$ his or her own vehide. Therefor;:, Arc shall lIot hg responsible for fin" theft, damaget(), or loss (If, Sllch vehicle'Qf any items of personal Pl"fJpcrt.v left therein.

3, This is a license to p,u'k only; theretore, flO bailment is created. Customer is granted the license to park thc-amnmobiie or alternate automobile identified 11) this AgrelOment at the location described. This lic-ense is personal and IS no! lmnsferable. ThlS license is appli{'-nble only to the automobile(.<;) identifted on the tnmsponderset forth in this Agreeinem and only oue.automobile !iste<i in this Agrt:emcnl is permitted 10 (l\lrk itt this location at anyone given time, Nt) one may enlarge or increase Ace's.U",bility. in ally manner or under \lily circulUstances, Cnstomer sunil indemnify and bold Ace harmlcss-from and against a!llnss, damage n'nd liahility, inCluding reasonable counsel f("Cli and cosis, rrom, pertaIning to or related in any way to the presenc.1"! or use ofany vehicle on:ontent~ thercofin or about the subject parking facility.

4. The term oflbis license is'from month to month ,wd is subject to policies and procedures promulgBted by Ace, which may change from time to thne, Except tor parking spaces andior rrr-eas designuWd by Ace, tor res¢lve·d or other forms ofspecialil..ed parking, II!! parkirlg :shall be nn rlll unr(,,sc,rved. first tome, first served hasis

5. If neither party so notifies the other in "'THing as l't,'{lllired under this Pilragmph. this Agreement shall be ntltomatica!Jy renewed :It the end of such term loran additional monthly period nt the same:': rote Dnd subject to the saine terms contained herein. Ace shall have the right to increase the license rate payable hereunder by giving written notice to CIlstomer at uny time prior to the expiration of any monthly period

6 Customer wiH be issued an ae,ecs;.; pass by Ace for \\·hidl CUfo>tomer is ~olc1y responsible f(lf maintaining and insuring proper tl~e. Acces~ Pass must be used only by Customer, Any allei1lpt to manipulate or circumvent any parking proCC(\UI'CS or the provisions of this Agreement may result il1 immediate revocation ofjXlrking pnvikges, Cuslomer acknowicdgc~ thal1.he n,'cess ~~iSS must be lIsed upon entry und '-"xit lU the parking facilit.y, Ah~el1t such use, Ci.l5tomCf may bc subject to the daily pllrking rate (i)f said facility_

7. Customer m:knuw!cdges thm a service charg~ fill' losl OJ' damag,ed access passes will be impo~ecl by Ace

8. Ace reserves the right to temporarily close tlle nlcility, or cCl1aili areas thcrefn. il1 order to perform necessary repairs. mainrellill1CC Of

impmvements. Ace wl11 pOSt notice .in the fiwi1ity of such closures, Ate rrl.ll:/condnct emergency closures without prior notificntion.

9. Customer shall not a.~>;ign Of sub-lease any parking ,';pact;!. Ace may knninate this Agreemem in the eVcllt of any stich assignmenT. or sublease.

I () Vehicle services; Repairs and jj1$tall.(ttinns (including. but not !!milcd to. windshidd chip- repnirs, cell phone or su:rco in:;tallali6n) are not permitted under any circlllnsUUlces

11. Credit 'will noi be given for any reason, tor any days during which Cuswmer does' no! use th~ parking. license created by this Agreement.

12, Customer acknowledges that any vehide parked in an uniluthorized area is :mbjec11o removlll from the facililY nUnc sole C<)SI and expense of C\\stIWncr.

Ill, Miscellaneous

1. This Agreement will be eni;(;tive 11.$ or .1argmry l. 2013, and, UllkjS5 suon.er terminated. will continue in full force and effect until September 30. 2013. ·111creafier, this Agreemt.,'-nt may be rene,wd fbr l'\vo (2) additional one year p¢riods upon l1luwal written agreement Mlll(' partiL'S

2. The Districl shllll pay to ACl~ $40.00 per 1110111'11 p0:r parking .splce !ocaux1 at 199 N, Riverfront Blvd_, Dallas, Texas 75207 (Frank Crowley) and $90.00 per month per parking space locak'd at 601 Commerce Street, Dallas, Texas 7520:2 (George AHcn)

3 The District shall havc lhe right and privilege oftcnmnating this Agret\mel11 on thi.rty (30) calendar days prior \niilen nmice to Ace The exercise of such right nftennin(ltion shall be in the District's sole and absolute discwtion \,<ithotlt stating cause therefore and without timher libbility to Ace

[SigniiWI't! Page-to follow]

COURT ORDER

ORDER NO:


STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 5th day of February, 2013, on a

Mike Cantrell, Commissioner of District #2 motion made by ___________________________________ , and seconded by

_D_r_"_E_l_b_a_G_a_r_c_i_a-c,,--C_o_mm_l_' s_s_i_on_e_r_o_f_D_i_s_t_r_i-'c-'t-'-'I-'F4'-_______ , the following order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

On October 9, 2012 the Commissioners Court was briefed on a lease ex1ension on a month to month basis while negotiations continued on a new lease; and

the action was necessary due to restructuring contract language to more clearly define tenant and landlord obligations and reimbursable expenses; and

the extension covered a period from October 1, 2012 through December 31, 2012 for a leased rate of $4,917 per month plus Common Area Maintenance (CAM) for 5,690 square feet in Suite 110, occupied by the Community Supervision and Corrections Dept (CSCD); and

the agreement covered 10,400 square feet in Suite 111 occupied by the Dallas County Juvenile Department at a rate of $8,580 per month plus CAM; and

the agreement also covered 10,400 square feet in Suite 211 occupied by CSCD at a rate of $8,580 per month plus CAM; and

on January 8,2013 the lease was ex1ended for an additional 30 day period, from January 1,2013 through January 31, 2013, in order to finalize a new lease; and

the current lease is extended for an additional 30 day period, from February 1,2013 through February 28,2013 to resolve remaining issues with reimbursable expense calculations; and

the District Attorney's office has reviewed the agreement and concurs:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioners Court of Dallas County, Texas does hereby approve execution of the attached lease extension for a period of February 1, 2013 through February 28, 2013 with River, Ltd., a Texas Limited Partnership, and authoriz the County Judge to sign the ex1ension.

s the 5th day of February, 2013 .

Dr. Theresa M. Daniel Commissioner District #1

. ~~ Mike Cantrell Commissioner District #2

• ~zf&/£ &.aGafCia Commissioner District #4

<~mm,"".,", LL, (a? Chris Thompson Director of Operations

AMENDMENT TO THE LEASE AGREEMENT AT 3650 N. BUCKNER BLVD, SUITE 110, 111,211

This Amendment to the Lease Agreement is entered into this _5th_ day of ]ebruary, 2013 between River,(the "Landlord"), and the County of Dallas (the "Tenant"), a political subdivision of the State of Texas, for the purpose of amending the Lease Agreement between Landlord and Tenant, dated January 10,2006, and as amended (the "Agreement"). This Agreement covers 5,960 rentable square feet of office space located in Suite 110; 10,400 rentable square feet of office space in Suite 111 and 10,400 rentable square feet of office space located in Suite 211 at 3650 Buckner Blvd, Dallas, Texas.

Both parties do hereby mutually agree to extend and amend said Agreement in accordance with the terms of the existing Agreement and Amendments, except as modified below:

1. The Lease Term shall be extended from February 1,2013 through February 28,2013.

Executed as of the date first written above.

TENANT: County of

DALLAS COUNTY

CRAIG WATKINS DISTRICT ATTORNEY

TERESA GUERRA SNELSON . CHIEF, CIVIL DIVISION

By:

Denika Caruthers

Assistant District Attorney

LANDLORD: River, Ltd.

By: ____________ ~~----Don F. Goldman, President

"'By law, the District Attorneys' Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s)

ORDER NO

DATE:

, 1'1" t.

February 5, 2013

STATE OF TEXAS §

COUNTY OF DALLAS §

COURT ORDER


the 5th day of February, 2013, on motion made by Mike Cantrell, District 112

seconded v J __ Dr_,_E_l_b_a_G_a_r_c_i_a-'-_D_i_s_t_r_i_c_t.__114 ____ , the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 29,2013; and

and

WHEREAS, pursuant to Cause No. TX-1O-30877, Dallas County, City of Cedar Hill and Cedar Hill Independent School District (collectively the "Taxing Authorities") recovered a Final Judgment on February 23, 2011, in a lawsuit styled County of Dallas. et al. vs Max G. Winfield on a tract of land, commonly addressed as 1113 Cedarview Drive, Cedar Hill, Texas ("Property"); and

WHEREAS, pursuant to the judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, penalties, interest, fees and costs due and owing; and

WHEREAS, Property did not receive sufficient bid as set by law and on June 5, 2012 the Taxing Authorities received tax title under that certain Sheriffs Deed recorded in Instrument No. 201200201236, Real Property Records, Dallas County, Texas; and

WHEREAS, Darren Melton submitted an offer of $1 ,500 to purchase the Property; and

WHEREAS, pursuant to §34.05(i) of the Tax Code, Cedar Hill Independent School District and City of Cedar Hill have provided resolutions consenting to the sale of the Property; and

WHEREAS, proceeds from the sale shall be distributed in accordance with the Tax Code, §34.06; and

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

WHEREAS, the Director of Public Works has reviewed the offer from Mr. Melton and recommends acceptance.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accept the offer from Darren Melton of $1,500 to purchase the tax foreclosure property at 1113 Cedarview Drive, Cedar Hill, Texas, DCAD Account No. 1601550010270000, (2) authorize the County Judge to execute the attached quitclaim deed, subject to post judgment tax years, the pro rata property taxes for the remaining part of the current year and to the previous owners right of redemption, if any, and (3) authorize the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code.

N~OURT, this the 5th day ofFebruarv, 2013. I ,

~~~~~(1~~~;tD~r~.~T;;:h~el;.e~sa:.-~<M:._~';eI'D:i;;L Dr. Elba Garcia, District 4

Recommended by:

Attachment /'

~rfr PAEkarly/'

K :iProp0rtv/!)']';Jx//Cedarf-JilliCn om::r Cedar-vic\-\' j j [3

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

QUITCLAIM DEED

THE STATE OF TEXAS §

COUNTY OF DALLAS § KNOW ALL PERSONS BY THESE PRESENTS:

THAT the County of Dallas, Texas, a political subdivision ofthe State of Texas, for itself, and as trustee for the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of Cedar Hill, a municipal corporation, and the Cedar Hill Independent School District, (hereinafter "Grantors,") for and in consideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, releases, quitclaims and surrenders to the below-named Grantee such title or interest as Grantors may have acquired, if any, by virtue of the tax foreclosure proceedings whereby it became a purchaser of the tax title under a sheriffs sale, as shown by a Sheriffs Deed, recorded in Instrument Number 201200201236, of the Official Public Record of Dallas County, Texas, and by these presents and in accordance with Court Order No. 2013-0229 , approved by the Dallas County Commissioners Court on February 5, 2013 and with the consent, approval and on behalf of all relevant taxing authorities, pursuant to Resolution No. R12-372, approved by the Cedar Hill City Council on November 13, 2012, and Cedar Hill Independent School District, Resolution approved December 10, 2012, does hereby release, quitclaim and surrender, subject to the terms, conditions, provisions, and restrictions herein set forth, unto DARREN MELTON, Grantee herein, all Grantors right, title and interest, if any, save and except any interest not acquired by said Sheriff's Deed; any and all easements, rights-of-way, and prescriptive rights, whether of record or not of record, includiug but uot limited to those in favor of Grantors, all presently recorded instruments that affect the property, and subsequent taxes and assessments for prior years due to changes in land usage, ownership, or both, the payment of which Grantee assumes in and to the following described real property situated in Dallas County, Texas ("Property"), to wit:

Lot 27 of Cedar view Addition situated in City Block 1 in the City of Cedar Hill, Dallas County, Texas as shown by deed recorded in Volume 84082, Page 2650 ofthe Deed Records of Dallas County, Texas, and more fully described in ti1e deed and incorporated herein for all purposes, and more commonly addressed as 1113 Cedarview Drive, Cedar Hill, Dallas County, Texas.

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

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

GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS OR DISCLOSURES BY GRANTORS IN CONNECTION WITH THE PURCHASE OF THE PROPERTY. GRANTEE EXPRESSLY ASSUMES RESPONSIBILITY FOR ANY ENVIRONMENTAL, HAZARDOUS OR REGULATED MATERIAL PROBLEMS ON OR WITH THE PROPERTY AND ANY PUBLIC

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

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

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

EXECUTED this the 5th day of February A.D., 2013.

* Approved as to Form:

DALLAS COUNTY CRAIG WATKINS DISTRlCT ATTORNEY COUNTY OF DALLAS, TEXAS

By:

*By law, the District 1\ torneys' 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. OUf review ofthis document was conducted solely from the legal perspective of our client OUf approval ofthi5 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).

ACKNOWLEDGMENT

THE STATE OF TEXAS §

COUNTY OF DALLAS §

This instrument was acknowledged before me on the 2 day of February, 2013, by Clay Lewis Jenkins, County Judge for the County of Dallas, Texas, on behalf of the County of Dallas, Texas, a political subdivision ofthe State of Texas, and as trustee on behalf of the taxing units receiving tax title under the Sheriffs Deed, pursuant to Chapter 34 of the Texas Pro ode.

e RUBY BLUM • ~ * Notary Put>lic

STATE OF TEXAS My Comm. Exp. Sap. 18,2016

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

~c:fJ::C I . My Commission Expires: C1 1\ B?/o \ '"

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

Attn: Assistant Director, Public Works Property Division

K:iProp~rty/dja'(!(·t'darr-UJl:\icr) ... Stam!{lrdCeduview] 113

ORDER NO

DATE:

o 2 () COURT ORDER

February 5, 2013

STATE OF TEXAS §

COUNTY OF DALLAS §


the 5th day of February, 2013, on motion made by Mike Cantrell, District 1/2 and

seconded uy,_D_r_, _E_"1_b_a_G_,ar_c_i_a"',_D,_i_s_t_r_i_c_t_II_4 ____ , the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 29, 2013; and

WHEREAS, pursuant to Cause No, TX-09-30604, Dallas County, City of Balch Springs and Mesquite Independent School District (collectively the "Taxing Authorities") recovered a Final Judgment on March 2, 201 0, in a lawsuit styled County of Dallas, et ai, vs Shirley D Thomas, et alan a tract of land, commonly addressed as 12902 Timothy, Balch Springs, Texas ("Property"); and

WHEREAS, pursuant to the judgment, the Taxing Authorities requested the Sheriff of Dallas County sell the Property in order to recover monies owed to the Taxing Authorities as a result of unpaid and delinquent ad valorem property taxes, penalties, interest, fees and costs due and owing; and

WHEREAS, Property did not receive suHicient bid as set by law and on November 6, 2012 the Taxing Authorities received tax title under that certain Sheriff's Deed recorded in Instrument No, 201200351218, Real Property Records, Dallas County, Texas; and

WHEREAS, Natasha Giddens submitted an offer of$17,267 to purchase the Property; and

WHEREAS, pursuant to §34.05(i) of the Tax Code, Mesquite Independent School District and City of Balch Springs have provided resolutions consenting to the sale of the Property; and

WHEREAS, proceeds from the sale shall be distributed in accordance with the Tax Code, §34.06; and

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

WHEREAS, the Director of Public Works has reviewed the offer from Ms, Giddens and recommends acceptance,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court: (1) accept the offer from Natasha Giddens of$17,267 to purchase the tax foreclosure property at 12902 Timothy Lane, Balch Springs, Texas, DCAD Account No.1206250000021 0000, (2) upon receipt of the balance of the purchase amount, authorizes the County Judge to execute a quitclaim deed, subject to post judgment tax years, the pro rata property taxes for the remaining part of the current year and to the previous owners right of redemption, if any, and (3) authorizes the Tax Assessor Collector to disburse the proceeds in accordance with the Property Tax Code.

DONE IN OPEN COU T, this the 5th day of February, 2013.

Recommended by: erta L. Blair, P.E.

Director of Public Works

COURT ORDER

(,')'¥ 02cQ4 ~1. ",.)~

ORDER NO. ______ _


STATE OF TEXAS §

COUNTY OF DALLAS §

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

held on the __ "-____ day of __ --'F""e"'b"'ru"a"'r'"'-v ______ , 2013 on motion made by

-",Mi",,' k~e"--'C"'a"'n"'t:=r"'e:=l=l_'_, _C"'0"'mnu=·"'s"'s"'i"'0"'n""e=.r....:o"'f"--'Dc:.:i"'s"'t"'r.=i"'cc:;t-"-fI2"-________ , and seconded by

_D=-r=-=-. -.eE::.:l::.:b:..::a=--,G-=a=r-=c",i",aL' _C"'0:c.mm=i'-'s.;;.s-=iccon:..::e-=r-=....:0:cf=-.;;.D-=iccs..ct-=r"'i.::.c-'-t....:[,=-14 ____ , the following order was adopted:

WHEREAS, this matter was briefed to the Commissioners Court on January 12, 1993, Court No. 93-130, wherein the Commissioners Court agreed to use this fOlm Court Order to provide the City of Dallas consent to sell specific tax properties to the highest bidder via public sealed bids; and

WHEREAS, several parcels of/and were offered for sale by the Sheriff of Dallas County at public auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes, accrued penalty, interest, and court costs; and

WHEREAS, those parcels of/and which did not receive a sufficient bid as set by law were struck off to the City of Dallas, Dallas County, and/or Dallas Independent School District, pursuant to Section 34.01 (c), Tax Code; and

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 91-1386, dated August 20,1991, Dallas County authorized the City of Dallas to act as Trustee for Dallas County in having struck off to the City, parcels of land which do not receive a sufficient bid as set by law and to execute a quitclaim deed for such parcels of/and conveying for the purchaser the right, title, and interest acquired or held by Dallas County as a party to the judgment foreclosing tax liens on the parcels of/and; and

WHEREAS, Commissioners Court Order No. 98-2411 dated December IS, 1998, amended Commissioners Court Order Nos. 91-1386 and 93-130 to specifically delete blanket authority to resell tax foreclosure property under Section 34.015 (Alternate Manner of Sale), redesignated as Section 253.010 of the Local Government Code; and

WHEREAS, Dallas County and the taxing units involved desire to resell said parcels ofland in an expeditious manner pursuant to Section 34.05, Property Tax Code, specifically excluding a resale under Section 253.010 of the Local Government Code; and

WHEREAS, this request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan in authorizing the sale of tax foreclosure properties to interested purchasers thereby returning the parcel( s) to the tax rolls increasing tax revenue for Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of

Dallas County, Texas, that the City of Dallas as Tmstee for Dallas County, in its own behalf, and on

behalf of the Dallas County Community College District, the Parkland Hospital District, and the

Dallas County School Equalization Fund is hereby authorized to solicit from the public sealed bids

on any or all of the said parcels ofland (attached as Exhibit "A" hereto and made a part hereof) and

does hereby consent to the sale of said parcels ofland to the highest bidder even if the bid tendered is

less than the market value of the land specified in the judgment oftoreclosure or the total amount of

the judgment of foreclosure or the total amount of the judgments against the propeliy.

DONE IN OPEN COURT this the 5th day of Febmary ,2013.

~~--Dr. Theresa M. Daniel, District 1 Mike Cantrell, District 2

Dr. Elba Garcia, District 4

RECO NDEDBY:

Director Public Works

PE:d/elSe

CD/cdrive/pamRev 703 docco.sher([sale

Attachment

1218

2213

2719 E

3826

3122

3126

434

303 w

2845

4410

3660

944

3801

1312

4515

10436

3907

713

2367

9255

2403

4414

EXHIBIT A TAX FORECLOSED PROPERTIES

STRUCK OFF TO THE CITY OF DALLAS ISO AND DALLAS COUNTY (FROM THE SHERIFF'S SALE DECEMBER 4, 2012)

TAXACCT LOT

ALASKA 00000286696000000 55 ~J 3748 OOOA Part lots 7, 8 & 9

ANDERSON 00000221212000000 56 -G 2534 002 Lots 9 & 10

ANN ARBOR 00000508084000000 66 -A 6082 0007 010

ARANSAS 00000683959000000 43-K 7146 0023 015

BEAUCHAMP 00000510001000000 56-S 6088 0000 010

BILL HARROD 00000693736000000 42-K 7167 OOOG 009

BRADLEY 00000472777000000 54-Y 5978 0024 002

BROWNLEE 00000473023000000 54-Y 5978 0026 029

CANARY 00000509557000000' 55 -v '6086 OOOG 014

:CARDINAL 00000508399000000 65 -0 6083 0003 008

CEDARDALE 00000801124000000 76 ~C 8288 0000 TR.5 Being 2.28 Acres

CLEARFIELD 00000770674000000 69 -A 7812 0000 Part of Lot 1

CLEVELAND 00000801130000000 76 -C 8288 0000 Being a 2 Acre Tract

COMPTON 00000266533000000 55 -F 3391 OOOB The E. One-Half of lot 5

CORREGIDOR 00000759442000000 56 -Z 7647 0000 019

CORY 008567000A0050000, 76 -C 8567 OOOA A 0.3580 Acre Tract

DE MAGGIO 00000514456000000 47 -5 6124 0001 002

ELWAYNE 00000550609000000 57 -R 6251 0001 024

FATIMA 00000641716000000 65 -R 6888 0001 023

FIRESIDE 00000770935000000 69 -A 0000 0000 027

FORDHAM 00000451438000000 55 -Z 5855 OOOl 008

FRANK 00000216418000000 46 -R 2434 0000 005

04 R-7.5(A) 32160 0.4055'j

07 PO 595 5906 0.167 I

04 R-5IA) 23994 0.1755:1

03 R-5(A) 4502 0.1664'V

04 R-7.5(A) 15231 0.3622:1

06R-5(A) 12000 0.1248'V

04 R-7.5(A) 20461 0.1694:1

04 R-7.5(A) 13000 0.1742 V

04 R-7.5IA) 13156 0.1995'1

04 R7.5(A) 6900 0.172LV

08 IR 133631 2.2RV

08 R-7.5(A) 17500 0.2441·V

08 IR 54793 2V

04 R-5(A) 8356 0.0934:1

04 (5 2000 0.1629:V

08 R-7:5(A) 12869 0.35B:V

07 R-5IA) 9717 0.1869.1

05 R-7.5(A) 15000 0.1721,V

08 R-7.5(A) 7680 0.174:V

08 R-7.5(A) 14253 0.2297'1

04 R-7.5(A) 18397 0.1821

07 PD'595 23270 0.112·V

Amount in Sheriff's Deed in the lesser of the judgment amount, which includes interest, penalties, code liens and civil penalties, or the assesed value in the judgment. All sizes are 'approximate

10-32012

10-31671

10-31124

11-31065

10-30399

09-32061

09-32042

10-31595

11-30190

11-30111

09-31147

09-31658

09-31147

08-31880

11-30515

10~31055

11-31684

10-31626

10-31873

11-30313

11-32019

11-30495

3033 5

2021

4806

2716 E

4323

115 N

6212

9212

7930

3905

2811

2211

3115

549

1911

1424

2812

2845

1407

2438

317

6214

EXHIBIT A TAX FORECLOSED PROPERTIES

STRUCK OFF TO THE CITY OF DALLAS ISD AND DALLAS COUNTY (FROM THE SHERIFF'S SALE DECEMBER 4,2012)

TAXACCT LOT

HAMPTON 00000495124000000' 53-Z 6038 0011 010

HAYMARKET 00000813779500000 69 -R 8503 0000 TR 24F & TR 24G

HUEY 00000323956000000,46 -Z 0000 0000 A SOx89 Foot Tract

ILLINOIS 006086000B0220000 55 -v 6086 oooa 022

00000180538000000 - 46 -R 1851 OOOG 016

03 R-7.5(A)

08 A(A)

07 PO 595

04 R-7.5(A)

07 PO 595 JAMAICA

'JESTER 00000307771000000 53-F 4165 0013 2401 R-7.5(A)

JJ LEMMON 00000800171000000 66 -R 8255 0000 A 2.573 Acre Tract 08 A(A)

LANEYVALE 00000621883000000 59 N 6662 0025 East One-Half of Lot 13 05 R-7.5(A)

LARCH RIDGE 00000745912000000 74 B 7525 0000 016 08 R-7.5(A)

LATIMER 00000172886000000 46 -X 1736 004H 002 07 PO 595

LE CLERC 00000215539000000 46 -R 2410 OOOA 010 07 PO 595

MAR BURG 00000174001000000 56 -8 1757 OOOS 019 07 PD 595

MORGAN 00000756079000000 66 -W 7614 0024 The SW 65 Feet of Lot 13 08 R-7.5(A)

NEOMI 00000553687000000 57 -Q 6256 OOOU 017 OS R-7.5(A)

PRAIRIE VIEW 00000776953000000 34 -5 7915 0004 025 02 PO 465

,ROWAN 00000154627000000,46-M 1454 0000 A Part of Lot 15 07 R-5(A)

SANDERSON 00000215278000000 47 -N 2398 0000 Part of Lot 4 07 PO 595

SEATON 00000817591000000 56 -X 8623 0000 005 05 R-7.5(A)

'SOUTH 00000141439000000 45 -Z 1126 0003 Being the NE 1/2 of Lots 9 & 10 07 PD 595

STOVALL 00000505435000000 55 -Y 6078 OOOH 054 04 R-5(A)

TIAWAH 00000557404000000 58 -Y 6265 0009 018 08 R-7.5(A)

TRACY 00000643807000000 66 -5 0024 0000 The North Half of Lot 7 08 R-S(A)

14229 0.522,V

6240 1.0239;V

1900 0.0872:V

13000 0.2203,V

46340 0.1492:1

52882 0.2091-!

21230 2.573 V

12117 0.1606:V

23054 0.1865'!

6000 0.0785'V

9387 0.1282 !

9996 0.1699:[

9000 0.3214:V

6648 0.1641V

23840 0.157:1

6810 0.157'V

5000 0.0658,V

12000 0.2754:V

7870 0.1836-V

15274 0,1434'[

16742 0.2008-1

8000 0.1434 V

Amouni in Sheriffs Deed in the lesser of the judgment amount, which includes interest, penalties, code liens and civil penalties, or the assesed value in the judgment. All sizes are approximate.

08-30280

09-30467

11-30078

10-31103

11-30369

11-30800

10-31883

10-30402

11-30386

11-30373

11-31565

10-31585

11-30888

11-30551

11-31166

10-30191

11-30494

10-30870

09-31152

09-31385

11-30116

10-31601

COURT ORDER

ORDER NO.

DATE: February 5. 2013

STATE OF TEXAS §

COUNTY OF DALLAS §

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

held on the _","5t",h,--_ day of _____ F'-·e"b"'r"'u"'ar"'v ________ , 2013, on motion made by

Mike Cru1trell, Commissioner of Dist. #2 and seconded by

Dr. Elba Garcia, Commissioner of Dist. 114, the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on January 29, 2013; and

WHEREAS, several parcels of land were offered for sale by the Sheriff of Dallas County at public auction pursuant to a judgment of the District Court of Dallas County, Texas, for foreclosnrc of the tax liens securing payment of delinquent propeliy taxes, accrucd penalty and interest, and comt costs; and

WHEREAS, those parcels of land identified on Exhibit "A", attached hereto, did not receive a sufficient bid as set by law and were struck off to the City of Grand Prairie (City), Dallas County, Grand Prairie Independent School District and or the Dallas Independent School District, pursuant to Section 34.01(j) of the Property Tax Code; and

WHEREAS, Dallas County desires to authorize the City to act as Trustee for Dallas County in the sale of the parcels identified herein and to execute a quitclaim deed for such parcels of land conveying for the purchaser the right, title, and interest acquired or held by the County of Dallas as a party to the judgment foreclosing tax liens on the parcels ofland; and

WHER~;AS, Dallas County and the taxing units involved desire to resell said parcels ofland in an expeditious manner pursuant to Section 34.05 of the Propelty Tax Code; and

WHEREAS, the City's request is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) ofthe County's Strategic Plan in authorizing the sale of tax foreclosure properties to interested purchasers thereby returning the parcels to the tax rolls increasing tax revenue for Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Dallas County, Texas that: (1) the City of Grand Prairie, as Trustee, be authorized to advertise the attached parcels of land for sale by public sealed bid, and (2) Dallas County in its own behalf, and on behalf ofthe Dallas County Community College District, the Parkland Hospital District, and the Dallas County School Equalization Fund does hereby consent to the sale of said parcels of land to the highest qualified bidder, even ifthe amount tendered is (i) less than the market value ofthe land specified in the judgment of foreclosure or the total amount of the judgment against the property in compliance with Section 34,05(i) of the Property Tax Code, or (ii) for an amount equal to or greater than its current market value as shown by the most recent certified appraisal role, if the sum of the amount of the judgment plus post-judgment taxes, penalties, and interest owing against the property exceeds the market value in compliance with Section 34,05G) of the Property Tax Code,

DONE IN OPEN COURT this the 5th day of Februaty, 2013,

Recommended by;;: ~~~~=======-~~~_ lberta Blair, P,E,

Director of Public Works

Pt;fli>AE.k~ K:Property/DT AX/ConsentsOtherTaxingtJ nits/CO Consent GrandPrairie _ J ·20 13.doc

Attachment

CITY OF GRAND PRAIRIE TAX FORECLOSURE PROPERTIES

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

28052501360020000 1805 BEAUMONT ST DSI-K RES LOT $14,000.00 01103/13 7,526 TX-08-30924 28212500100150000 1822 HOLLAND ST DSI-K RES LOT $28,000.00 01/03113 28,602 TX-09-30882 65146022520690000 1405 RANCH ROAD D71-F RES LOT $13,275.88 01103113 18,303 TX-08-31862 28015500006890000 717 MACARTHUR BLVD D41B-W RES LOT $10,800.00 01/03113 12,812 TX-11-30518 28212500080130000 2028 HOLLAND ST DSI-J RES LOT $14,000.00 o 1I03/13 7,336 TX-IO-30771 28212500100130000 1830 HOLLAND ST DSI-J RES LOT $13,359.16 01103113 7,286 TX-09-30882 28052501400050000 2217 BEAUMONT ST DSI-J RES LOT $14,000.00 01/03113 7,704 TX-1O-30798

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