dallas county commissioners court briefing …nov 16, 2010 · , 0 nov i 0 aihi: 19 subject,...

DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

November 16; 2010

THE NOVEMBER 23, 2010 COMMISSIONERS COURTMEETING HAS BEEN CANCELED. ITEMS FOR THE NOVEMBER 16TH COMMISSIONERS COURT

AGENDA, BOTH FORMAL & BRIEFING, MUST BE SUBMITTED NO LATER THAN 3:00 P.M. ON WEDNESDAY, NOVEMBER 10, 2010.

ITEMS FOR THE NOVEMBER 30TH COMMISSIONERS COURT AGENDA, BOTH FORMAL & BRIEFING, MUST BE SUBMITTED NO LATER THAN 3:00 P.M. ON

WEDNESDAY, NOVEMBER 17, 2010.

REPORTSIRECOMMENDA TIONS/REQUESTS PAGE NOS.

1) HEALTH & HUMAN SERVICES

a) Reallocated FY 2010 Department of State Health Services Housing Opportunities for Persons with AIDS Contract Funds .......... " ....... 5-7

(COURT ORDER ON FORMAL AGENDA)

b) Department of State Health Services FY 2011 Ryan White Treatment Modernization Act Part B Renewal Application ......................... 8-34


c) Amendment to the Texas Department of State Health Services Contract 2010-033408-001D, CPS-Public Health Emergency Response (PHER) - Focus Area 1 .................................................................... 35-39


2) SHERIFF

DCDFTF-HIDTA, OS! I Overtime Reimbursement ... . ... 40-41 (COURT ORDER ON FORMAL AG DA)

2

3) PURCHASING

Award Recommendation (3 Day Service) - Bid No. 2010-082-5192 Annual Contract for Janitorial Services for the Health & Human Services Building and Sheriffs Department Human Resources Offices and Bid No. 2010-083-5193 - Annual Contract for Janitorial Services for the Frank Crowley Courts Building, Lew Sterrett Justice Center and Adjacent Towers ...................................................... .Insert

4) AUDITOR

a) Federal Equitable Sharing Agreement Filing ................................................ 42-79 (COURT ORDER ON FORMAL AGENDA)

b) Chapter 59 Filing .............................................................................................. 80-151 (COURT ORDER ON FORMAL AGENDA)

5) FIRE MARSHAL

Lifting of 90 -Day Ban on Outdoor Burning ............................................................ 152

6) IT SERVICES

Netmotion Software .............................................................................................. 153-154

7) HUMAN RESOURCES

a) Deputy Constables - Recommended Hiring Process ............................ 155-161

b) Breaks for Nursing Mothers ...................................................................... 162-163

8) ADMINISTRATION

AIAard Recommendation for SOQ 2010-024-4844 - Statement of Qualifications for Design! Build Services for a New Grand Prairie 5ubcourthouse.............. .... .............. . ................... . ......... . . ..... 164-165

iusert

11/1 !(l

9) PUBLIC WORKS

a) Amendment No, 1 to the Tax Foreclosure Resale Contract! Conveyance Documents ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,'" """""" "",,,,,,,,,,, 166-187

10) BUDGET

a) Hiring Freeze ",,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 188

b) Conference/Travel/Training Requests """"""""""""""""""",,,,,,,,,,,,,,189-190

d) Violence Against Women (VAWA) American Recovery & Reinvestment Act - Apprehension and Prosecution of Domestic Violence and Sexual Assault Offenders Project ."""""""""."""""""",,191-192

11) INFORMATION ."""'''" .......... , .. ".".,.,,, ... ,, .... , .. , ....... ,,, ........ , ....... "' .. ,.'" ",.,., .. ,'" " .... N/ A

• Jail Population Report • Budget:

Reserve Balance Report - November 10,20] 0 Constable, Precinct No.3 Federal Forfeiture Budge for FY2011

.. Auditor - FY20 I 0 Indigent Defense Expenditure Report

.. Purchasing - Annual Contract Extensions

.. HHS - Updates

12) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests .. , .. ,', ... ,', ........ ,,""",. ",.,' "." .. ", .. ,."."",.".,.,,,,,,, .193-207

13) PUBLIC COMMENTS

Speakers"."""", ... ,",.",.".,.,"" .... ,",.,",.,:,.,.,,., .. ,.," ".",.,," ".".," ... , .. ",.,'.,'" ... "',,."' .. ,' N / A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister' 5 Letter of Appreciation

4

DATES TO REMEMBER

Annual Commissioners Court Thanksgiving Luncheon November 23, 2010 at 11:30 a.m.

No Commissioners Court Meeting - November 23,2010

Thanksgiving Holidays - November 25 & 26, 2010

No Commissioners Court Meeting - December 21 & 28, 2010

ill! ;;;

Dallas County Health and Human Services Grants Management

ZACHARY S. THOMPSON OIRECTOR

TO: COMMISSIONERS COURT

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

DATE: NOVEMBER Hi, 2610

SUBJECT: REALLOCATED FY 2016 DEPARTMENT OF STATE HEALTH SERVICES HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS CONTRACT FUNDS

Court Order ou Formal Agenda

Background of Issue The Dallas County Judge is the grantee and legal recipient of the State of Texas Department of State Health Services (DSHS) Housing Opportunities for Persons with AIDS (HOPW A) grant. Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for DSHS HOPW A funds. The purpose of these grant funds is to provide housing and related services to persons affected by the human immunodeficiency virus (HN) and individuals with acquired immunodeficiency syndrome (AIDS) that reside in the Dallas and ShennaniDenison HN Services Delivery Areas (HSDA) of Cooke, Fannin, Grayson and Navarro counties. The FY 201 0 contract between DSHS and DCHHS, Contract No. 20l0-034043, in the amount of$59,000, is for the period February 1, 2010 through January 31, 2011. This contract was briefed and approved on January 5, 2010 and January 12, 2010, respectively, per order number 2010-0090.

The FY 20 1 0 DSHS HOPWA award of$59,000 is designated funding contracted on a sole source basis to serve eligible individuals and families impacted by HIV/AIDS. Your Health Clinic (YHe) was allocated $55,000 to serve Cooke, Fannin, and Grayson Counties and the DCHHS - HOPW A Unit was allocated $4,000 to serve Navarro County.

Due to the inabilities of some service providers to meet progrannnatic and financial benchmarks, grant funds are available for reallocation. DCHHS has detennined that reallocation of $2,413 from Navarro County to the Shennan-Denison HSDA is needed at this time.

Fiscal Impact There is no fiscal impact on DalJas County.

Operational Impact DCI-lI-lS staff will coordinate and perfoITn the administrative acuvltIes m accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

LegaJ Impact f"he Dallas County ComrnlssiOIltT-; ('our! must apprO\it: the reailocatinr1 and authori;T Ihe County .Judge to sign contract mnenc"nlcnts 11 'nchalf ()f Dallas County.

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Commissioners Court - Page 2

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Housing Opportunities for Persons with AIDSIHIV (HOPW A) grant. The FY 2010 DSHS HOPW A grant directly supports a regional indigent medical and mental healthcare network for those impacted by mv I AIDS by providing stable and affordable housing for persons living with HIV I AIDS.

Recommendation It is recommended that the Dallas County Commissioners Court approve the award of reallocated FY 2010 DSHS HOPWA contract funds in the amount of$2,413 as presented in Attachment A, and authorize the County Judge to sign the contract amendments with the specific service providers on behalf of Dallas County.

RECOMMENDED BY:

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

FY 2010-2011 DSHS HOPWA Award

Dallas County Health & Human Services ~

HOPWA Unit

{

Attachment A

Zachary Thompson Director

TO:

FROM:

DATE:

DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT

COMMISSIONERS COURT

ZACHARY S. THOMPSON, DIRECTOR

NOVEMBER 16, 20W

, 0 NOV I 0 AIHI: 19

SUBJECT, DEPARTMENT OF STATE HEALTH SERVICES FY 2011 RYAN WIDTE TREATMENT MODERNIZATION ACT PART B RENEWAL APPLICATION

Court Order on Formal Agenda

Background of Issue The Dallas Couuty Judge is the grautee aud legal recipient ofgraut funds from the Department of State Health Services (DSHS). Dallas County Health aud Humau Services (DCHHS) is designated to serve as the Administrative Agency for the following DSHS HIV Services Delivery Areas (HSDAs); the Dallas HSDA which includes Collin, Dallas, Denton, Ellis, Hunt, Kaufmau, Navarro, aud Rockwall counties; aud the Sherman-Denison HSDA which includes Cooke, Fannin, aud Grayson counties. The FY 2011 Ryan White Treatment Extension Act Part B graut is intended to fund direct service activities for the Dallas aud ShermauDenison HSDAs. In accordance with the provisions of the DSHS grant, the Administrative Agency is responsible for the completion and submission of the non-competing renewal application. The amount of assistance for direct service activities is $2,811 ,261. This is a decrease of$48,854 from FY 2010. The amount of assistance for administrative activities is $494,000. The total Ryan White Part B grant for FY 20 II is $3,305,261.

Fiscal Impact There is no fiscal impact on Dallas County. Instead, the decrease in service delivery funding will impact the amount of funding awarded to subcontractors providing direct service to persons living with HIV I AIDS (PLWHA).

Operational Impact The DCHHS will be responsible for administering all funds received under the FY 2011 Ryan White Treatment Extension Act Part B grant.

Legal 1m pact The Dallas County Commissioners Court must approve the submission oflhe FY 2011 Ryan White Treatment Extension Act Part B renewal grant application and budgets as attached.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act Part B grant. The FY 2011 Ryan White Part B grant directly supports a regional indigent medical and menta! healthcare network for those impacted by HIV/A I U:-"_

77 N. SknjD10LS Prec\-vay Suite 200. LH-IG Oft, :e: 14.8 : 9.1819

Commissioners Court Page 2

Recommendation

9

It is recommended thatthe Dallas County Commissioners Court does approve the submission ofthe FY 201 1 Department of State Health Services (DSHS) Ryan White Treatment Extension Act Part B renewal application, for the amount of$3,305,261, as reflected in the attachment.

RECOMMENDED BY, ---::r'==-"-:c-+~"-----,I'-::-:------

Attachment c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

1 U

RENEWAL APPLICATION FOR:

PY 2011 Ryan White Part B Service Delivery (RWSD) RFP#: HIV/RW-0196.1

RFP#: HIV-0042.5

Submitted by:

DALLAS COUNTY COMMISSIONERS COURT

On behalf of:

DALLAS HIV SERVICE DELIVERY AREA SHERMAN-DENISON HIV SERVICE DELIVERY AREA

1 1

TABLE OF CONTENTS

ORGANIZATION AND CONTENT

FORM A: FACE PAGE ........................................................................ .2

FORM B: CONTACT PERSON INFORMATION ................................... 3

FORM C: PERFORMANCE MEASURES ................................................. .4

FORM D: HIV/RW SERVICE SYSTEM OBJECTIVES ................................... 5

FORM E: WORK PLAN ........................................................................... 6

REQUIREMENTS FOR HIV SERVICES CONTRACTS .................................... 10

Appendix A: ADMIN & SERVICES SUMMARY

Appendix B: TABLE 1: SERVICE PRIORITIES AND ALLOCATIONS

Appendix C: CATEGORICAL BUDGET JUSTIFICATION

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

s ances listed in this renewal document as Uf

APPLlCANT·INFORMATION

1) LEGAL NAME: Dallas County Health and Human Services

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

3) PAYEE Mailing Address (il different from above): Check if address change 0 Dallas County 407 Records Building Dallas. Texas 752Q2-

4) Federal Tax ID No, (9 digit), State of Texas Comptrolier Vendor ID No, (14 digit) or Social Security Number (9 digit): "The vendoracknow/edges, understands and agrees that the venr:furs choice to use it social securitynumberas the 75-6000905 vendor identification number for the conttact, may result in the social security number })emf; made public via state open records reQuests,

5) TYPE OF ENTITY (check ali that apply):

0 City 0 Nonprofit Organization' 0 Individual

lSI County 0 For Profit Organization' 0 FQHC o Other Political Subdivision 0 HUB Certified 0 State Controlled Institution of Higher Learning

0 State Agency 0 Community-Based Organization 0 Hospital

0 Indian Tribe 0 Minority Organization 0 Private

0 Other (specify):

'!(incorporated, provide 10-digit charter number aSSigned bV Secretary of Slate:

6) Currently operating under a HUB Subcontracting plan on file at DSHS? Yes 0 No lSI

7) BUDGET PERIOD: Start Date: 04/0112011 End Date: 0313112012

8) COUNTIES SERVED BY PROJECT: list all counties to be served Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hunt, Kaufman, Navarro, Rockwall

9) AMOUNT OF FUNDING REQUESTED: 3,305,261 11) PROJECT CONTACT PERSON

10) PROJECTED EXPENDITURES Name: Karin Petties

Does applicant's projected state or federal expenditures exceed Phone: 214,819,1841

$500,000 for applicant's current fiscal year (excluding amount requested Fax: 214,819,6023

in line 8 above)? ** E-mail: HIV, [email protected]

12) FINANCIAL OFFICER Yes lSI No 0 Name: Virginia Porter

**Projected expenditures should include funding for aI/ activities including "pass Phone: 214,653.6472 Fax: 214.653.7286 through" federal funds from alf state agencies and non project-related DSHS E-mail: vporter@dallascounty,org

funds. I, the undersigned, am the authorized representative of the applicant filing this contract renewal application, The facts contained herein are true, and the applicant is

, in compliance with the assurances and certifications contained in the competiiive RFP, which is part of the original contract and any prior renewals and amendments. ~ ! understand thatlhis contract renewal depends on the truthfulness of this document and on the appiicant's continued compliance with the original contract and all its ( components and amendments.

i 13) AUTHORIZED REPRESENTATIVE Check if change Name: Zachary Thompson Title: Director Phone: 214.819.2101 Fax 214.8196023 E-mail: ____ zthor!l0son@da!lascou~!v~~!g

o 114) SIGNATU'RE OF AUTHORIZED REPRESENTATIVE

I /15) DATE

I November 16 ~-- ----~--

, , . . . . . . . .

1 3

FORM B: CONTACT PE.RSON INFORMATION

Legal Name of Applicant: Dallas County Health and Human Services

This form provides information about the appropriate program contacts in the applicant's organization in addition to those on FORM A: FACE PAGE. If any of the fo/lowing information changes during the term ofthe contract, please notify, Susana Garcia, Contract Manager, in writing.

II Executive Direclor:

~ Title: -,=D~ire:::.c~t::::o:.-r _______________ _

Zachary Thompson

I Phone: 214.819.2101 Ext. I

Faxi 214.819.6023

E-maii: [email protected]

Project Contact: Karin Petties

Title: Assistant Director

Phone I 214.819.1841 Ext

Faxi 214.819.6023

E.·mail: [email protected]

Financial Reporting Contact: Virginia Porter

Title: County Auditor

Phone: 214.653.6472 Ext.

Fax: 214.819.7286 E·mall: [email protected]

URS Data Managerl Thomas Reed

Title: Data Manager

Phone: 214.819.2094 Ext.

Faxi 214.819.6023

E.-mail I [email protected]

, Planning Contact Aurelio Rodriguez

Title: Planning Council Manager

Phone: 214.819.1857 Ext.

Faxi 214.819.6023

II E-mail: [email protected]

II Clinical SelVlces Contact

I Title: Phone:

,

[

. Fax. E-malll l=:: ... ~~~~ .... ~

Vacant

Ext.

Mailing Address (incl. street, cily, county, state, & zip):

Dallas County Health and Human Services

2377 N. Stemmons Freeway Suite 200 Dallas, Texas 75207-2710

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




Dalias County

407 Records Building

Dalias, Texas 75202

. Mailing Address (Incl. slreet, city, county, state, & zip):


2377 N, Stemmons Freeway Suite 200 Dallas, Texas 75207-2710




.

Mailing Address (Incl. street, city, county, state, & zip)1

3

!

,

1 4

FORM C: HiV/RW PERFORMANCE MEASURE Guidelines

Ryan White (HIV/RW) contracts will include the negotiated Table 1 and the total number of unduplicated clients thetwill, be served as the performance measures.

Performance measures related to access and quality of care must be incorporated in updates to your comprehensive services plan either in the goals and objectives section or attached as an addendum to the plan. Each AA is required to impiemen!their comprehensive plans; it is required to implementthe measures and report your progress in your quarterly report.

REQUIRED PERFORMANCE MEASURES

Administrative Measures 1. The Contractor will have subcontracted 100% of all Ryan White Service Delivery andlor State Services funds as

applicable to the contract, no later than thirty (30) days after the contract year. 2. The Contractor will submit complete quarterly reports according to the Reporting Due Dates listed in this contract 3. No less than ninety-five (95%) of Ryan White and State Services funds will be expended by the end of the

respective contract year. 4. Contractor shall provide programmatic and financial monitoring of subcontractors according to Contractor's

established internal policies, procedures, and schedules. 5. Contractor shall implement a quality management (OM) system according to the Contractor's established OM

Plan. 6. Contractor shall distribute all service delivery funds according to the service priorities and allocations established in

its approved Comprehensive HIV Services Plan, and make reallocations in accordance to DSHS policy.

Service Delivery Measures 7. Contractor shall ensure that no more than ten percent of the services allocation is expended by service

providers (subcontractors) for administrative costs. B. Contractor shall use these funds to provide at least one service to (5,500-Dallas HSDA and 122-

Sherman/Denison HSDA) unduplicated clients during Project Year (PY) 2011 (04/01/11 - 03/31/12). Objectives related to the # of persons and units to be provided must be reflected on Table 1: Services Priorities, Allocations, and Objectives.

9. Complete Table 1 for each HSDA Data for the # of persons and the units of service for contract years 200BI2009 and 2009/2010 will be made available to each AA via their services consultant Use these data to determine the proposed measures for project year 2011/2012.

10. Contractor shall monitor the delivery of HIV services against the Estimated Units of Services shown in Table 1 of the applicant's most recent application for delivery of service.

11. Contractor shall meet any other performance measures required in the final, approved supplemental performance measures (Table 1) to deliver these services.

State Services Measures

12. Contractor shall use these funds to provide at least one service to (4,000-D8I1as HSDA and 100-Sherman/Denison HSDA) unduplicated clients during Project Year (pY) 2012 (09/01/11 - 03131112). Objectives related to the # of persons and units to be provided must be reflected on Table 1: Services Priorities, Allocations, and Objectives.

13. Complete Table 1 for each HSDA . Data for the # of persons and the units of service for contract years 200812009 and 2009/2010 will be made available to each AA via their services consultant. Use these data to determine the proposed measures for project year 2011/2012.

14. Contractor shall meet any other performance measures required in the final, approved supplemental performance measures (T.3ble 1) to deliver these services.

-"''''There is;: cc;:\sidercd' -' inc]"l'JSc- in the projected number of unduplicatcd clients to be seen in ['-")' 2(1 ] I compared to FY 20] 0 projt?ctions Ii)!" both the ,)aIL1S and Shennan/Denison HSDAs. F'/ 2.011 (Service Delivery) anci F-'{ 2[)) 2. (State Services) estimates rcp(c:scm ,; ;:OiJ: ( : (l11ti: :)iltc;j ~mc:uplicatcd client':. ;'01' both the D,,:las and Sher:llan/Dcnlsoil HSD.;\s til;!, is based Oil uilduplicated

cii:.:::;[ In';:! ~;a[,: ifi ,\I<[:-S

1 5

FORM D: HIViRW SERVICE SYSTEM OBJECTIVES Applicant agrees that system objective(s) will be used to assess, in part, the applicant's effectiveness in providing the services described. Address all althe requirements (see RWAA SeMce System Objective Guidelines) associated with the services proposed in this renewal application.

The Ryan White Planning Council ofthe Dallas Area (RWPC) is responsible for my service planning for the: • Dallas Eligible Metropolitan Area (EMA) 6 Dallas HIV Services Delivery Area (HSDA) ® Shennan - Denison HSDA

These three regions are the focus of the latest Comprehensive HIV Health Services Plan conducted in 2008. In total, the EMA and two HSDAs comprise 12 counties. The Dallas EMA and the Dallas HSDA both include Collin, Dallas, Denton, Ellis, Hunt, Kaufman and Rockwall counties. The EMA also includes Henderson County and the Dallas HSDA includes Navarro County. The Sherman - Denison HSDA includes Cooke, Fannin and Grayson counties. These twelve counties comprise the Dallas Planning Area (DPA).

The 2008 Comprehensive HIV Health Services Pian is a result of a rigorous planning process that included research, interactive discussion and plan development. The principal tool used to inform the Plan was the 2007 Comprehensive Needs Assessment The 2008-2010 Texas Statewide Coordinated Statement of Need (SCSN) provided another resource for this Plan.

The Plan establishes four goals for the Administrative Agency and the RWPC. These goals and associated objectives promote access to quality HIV medical care and supportive services for all PL WHA; eliminate disparities in care among disproportionately affected populations; link and engage PLWHA outside the medical care system; and ensure services are of the highest quality. The goals and three (3) accompanying objectives the RWPC plan to focus on for PY 2011-2012 are outlined below.

L) Evaluate the Ryan White funded transportation system and leverage other community-based agencies/services to increase access throughout the region by fourth quarter 201 I. Goal I of the Plan is to "Provide a quality continuum of H1V medical care and supportive services that is accessible and that engages and retains people living with HIVIA1DS." To that end, this objective of the Plan addresses the need for transportation to medical care visits. There are five (5) action steps included under this objective. The first is to develop a framework and plan for the transportation system evaluation, segmenting the study into urban, suburban and rural components. This is slated for completion in June 2011. The second action step is to obtain information from Ryan White funded case management providers on available/alternative non-Ryan White funded transportation services~ including eligibility requirements, access issues and utilization barriers. The completion date for this step is September 20 I I. By December 20 II the third action step scheduled to be completed is to obtain provider infonnation from the Dallas Area Rapid Transit, county transportation boards, Medicaid, etc. to identify transportation availability and possible access barriers. Also scheduled for completion by December 2011 is the fourth action step. This step is to interview urban, suburban and rural (North and South) consumers to identifY system strengths and challenges. The fifth and last step that is scheduled to be completed by February 2012 is to report the results of the transportation evaluation with recommendations to the to the appropriate sub-committees and the Planning Council for use in strategic planning. 2.) Enhance collaborations with regional key points of entry to appropriately screen PLWHA and link to HIV medical care and other services through 201l. Goal III ofthe Comprehensive Plan is to "Identify, link, and engage into HIV medical care PLWHA who know their status and are not in care: Whether that care is provided by the Ryan White fimded system or another system of care." This objective was implemented in March of2009. It began with surveying the HlY training needs of Key Points of Entry throughout the Dallas Planning Area. Once identified, the Planning Council collaborated with the local AIDS Education Training Center to conduct at least two targeted training programs annually in order to increase understanding of HIV treatment and improve PL WHA screening and referral practices. For PY 2011-2012, the last action step for this objective is to conduct a follow-up survey to evaluate changes in provider screening and referral practices and understanding of HIV disease.

3.) Evaluate options for a consumer peer post-test counseling program by second quarter FY 2011: as appropriate solicit provider proposals for a pilot program in FY 2012. This is one of the objectives listed under Goal III, mentioned ab(lvc. The four (4) action steps planned to meet this objective ilrc scheduled to stm1 in f\pril10 11 and completed by February 20!:~ The first step is to identify and evalume model HIV pee: counseling programs [hat provide additional post-test counseling support, assist in navigating the HIV medical and service systems and encourage linkag:::- \-viti1 !-I1V medical carc. The second s[~P is basLd {)Jl the results of dlC: evaluation in the ilrsl step. This is LO solicit provider proposals to cllstomize a Ryan \Vhitc funded n )P:.1r! pc,.;r coullSc:lor program during F'y' 20 i -.=. Action step three \-vil! clcvc:loD and inwkmen: all evaluation plan to assess [he ut lhe model program and consider the (jvailab!c options l()

expand Tl~e last st(~P is to r~\'ise the standards of Glrt:' for ::ltcr\,~;llti()n services eElS) or other appro; nate SCTV1C't: cm:::gClr)- Hl

C\'fuponenr

FORM E: HIVIRW WORK PLAN

Address the required elements (see WORK PLAN Guidelines) associated with the selVices proposed in this renewal application. A maximum of five additional pages may be attached if needed.

Administrative In FY 11, increasing attention will be directed to measuring and monitoring the use of R W funding, to not only justify expenditures, but to ensure that efforts are directed to achieving the outcomes desired by the Dallas AA. These outcomes (planning, data, quality management, contract monitoring, etc.,) contribute to knowledge, capacity development, benefits to the Dallas-ShennanlDenison health service delivery areas (HSDA) and to consumers. As a result, customary monitoring activities planned for FY 2011-2012 will be perfonned on a periodical basis by the Administrative Agency (AA) and the Ryan White Planning Council (R WPC) to corroborate the levels of activities and objectives as set forth by work plans, comprehensive plans, surveys, and other evaluation mechanisms. Since our subcontracting agencies (hereinafter referred to as agencies) receive infonnation about projects and activities through reports, we strive to ensure that our monitoring habits are not limited in scope. Our planned activities for FY 2011-2012 will seek to identify aspects of our agencies that appear to be contradictory, problematic, unsatisfactory and/or unique. These components will continue to enable the AA to provide the necessary support and demonstrate best practices and lessons learned.

One particular element we plan to expound upon during FYI1, and that of which has proven to be successful for consumer involvement in the Dallas HSDA, are the Focus Group Discussions, Dialogue with Key Stakeholders, and Consumer Group Discussions organized by the RWPC, in liaison with the AA. These components help the AA and RWPC to:

" Verify some of the infonnation collected by the consumers and agencies; " Obtain infonnation on issues that are not captured during th~ routine monitoring; " Discuss on spot with consumers the possible solutions to problems hindering service perfonnance; and e An opportunity to explain capacity building issues.

A major constituent in the function of the AA is the quality management program. The purpose ofthe AA's quality management program is to support the development of: higber quality care to people living with HIV I AIDS (PLWHA), effective programs that meet minimum requirements in the most efficient method. demonstrate program value quantitatively by linking outputs (amounts of services provided) to outcomes (results), identifY and justifY critical program activities and resources required to meet needs and enable local HIV service delivery networks and providers to perfonn better and to function as a system. Work plan activities for the AA's quality management program, aim to help funded agencies with continual quality improvement mechanisms and tools to continue to increase access to care while providing efficient and effective services to People Living with HIV/AIDS (PLWHA). This also includes but is not limited to improvements in quality assurance issues and measurement of quality outcomes for services provided by subcontractors.

In FYll, the most comprehensive activities to assess best practices in the quality of services in the Dallas HSDA will include performance review site visits and the evaluation of contractual requirements that all agencies receiving Ryan White Treatment Extension Act (TEA) funds maintain a comprehensive quality management program, demonstrating that Clinical Quality Management (CQM) is incorporated into the overall daily function of those agencies specifically receiving TEA funds. The minimum components of this required program include: standards granting privileges to agencies who hold professional care licenses, methods of conducting routine reviews and evaluations of the services rendered including client satisfaction surveys, and other quality assurance! improvement activities required to ensure the quality, access, and availability of all services. Together, these two evaluation activities will assist the AA, the Planning Council, and the Dallas HSDA agencies in improving services and gathering data to improve the process of planning for and the delivery of services in the Dallas EMA.

These qualitative tasks are kept simple and involve agencies, consumers, and other community members and organizations to be more cost-effective and enable these parties to learn how to conduct these qualitative techniques as a means to strengthen the continuum of care in Dallas. Outputs are then analyzed in relation to the consumers and services and are also used to discuss potential solutions. By incorporating these activities within the scope of AA and R\VPC processes, we are able to identify and rectify issues that include, but are not limited to:

, Estab!ishing the appropriateness of task identiflcation; Agencies knowledge of project methodology·, and their \\'illingness to participate and contribute to the project activities:

!J Efficiency of agencies during project impiernemation and monitoring; ~ FeedbaCK of subcontractors regarding qualiTy" and the us,; (If resources (AA accountability): and

,. Agency and consumer knowledge of their

s

17

To persist in being effective in this context, our AA processes/activities combine quantitative and qualitative indicators and utilize infonnation from a number of different sources. The overall goal is for the AA's internai monitoring system to achieve acceptable levels (as defined by our grantors) on each of the foHowing criteria: our system must measure those dimensions of outcomes that are valued by our grantor(s); it must be decision-relevant; it must be consistent with candid compliance; it must minimize contrary incentives; and it must have acceptable costs. It is vitally important that our internal system generates a positive compensation from a management, programmatic, qualitative, data, and fiscal perspective. The objective oftbe AA's internal monitoring system seeks:

e To ensure that agencies efforts are efficiently and effectively utilized; • That the planned activities are being realized among all parties involved (AA, RWPC, agencies, consumers, etc.); @ To measure the applicability of the methodology to continuum of care strengthening; and • To depict lessons learned from the project intervention for future planning in the. The lessons provide the basis for project

methodology replication.

During FYII, quarterly meetings will be held with the AA's Performance Improvement Workgroup (PIC) to discuss quality outcomes, tools used to measure compliance with quality assurance practices and discussions on best practices to continually improve quality of care and access to care for clients in the Dallas HSDA. The core responsibilities of the PIC are to assist the AA in the development, implementation, and monitoring of related quality improvement initiatives within the quality management program. The PIC also serves as the steering committee for the evaluation of primary medical and oral health services chart reviews, which is one ofthe most rewarding quality management projects managed by the AA. The evaluations assess the extent to which HlV health services provided to patients under the grant are consistent with the most recent Public Health Service (PHS) guidelines for the treatment of HIV disease and related opportunistic infections.

Feedback to service delivery agencies in FYl1 will be expedited by on-site evaluations that are perfonned annually. These evaluations will utilize assessment tools that were derived from several sources such as the HRSA QM Manual, OMB Circulars, DCHHS Auditing policies, DSHS ARIES Data Management policies, HIV/AIDS Bureau (HAB) guidance, etc. Additional information is received through staff interviews, observations, and evaluation of the agency's required documentation. During this process agencies also have the opportunity to request technical assistance (TA) on quality, programmatic, fiscal. or data issues. Results of these evaluations (quality, programmatic, and fiscal) are compiled into a recommendations report, to which agencies have thirty (30) days to respond with an improvement plan. If further revisions are required, additional on-site TA or conference calls may be warranted to assist the agency. Additionally, feedback from subcontractors and technical assistance requests during the fourth quarter ofFY10 has confirmed that there is still a deficit in compliance in the following areas:

e The lack of a structural sound written quality management plan, • Limited development of performance indicators for the subcontractor and/or consumers, ., Limited feedback on quality management activities and/or outcomes being provided to agency leadership, and • Limited detail provided in staff job descriptions regarding specified quality management roles and responsibilities.

Results of the AA's chart review evaluations foster a development of strategies at the AA and agency level for ensuring that primary medical and oral health services are consistent with PHS guidelines for improvement in the access to and quality of HIV health services, For instance, planned activities in FYIl will include input from AA staff and various TEA funded agencies in topic areas such as chart review evaluations that identified improvements that are needed the most to sustain and improve quality of care within the Dallas-Shennan/Denison HSDA. As part of the AA's CQM efforts, technical assistance meetings will be held at least once every quarter to disclose methods, tools, and implementation of shared best practices to ensure that agencies are maintaining the minimum standards/continuum of care requirements for PLWHA in the Dalias-ShennanlDenison HSDA. Additionally, the Dallas AA has also devised a monthly reporting tool that captures Programmatic, Quality, Support, Utilization of Local Phannaceutical Assistance Program (LPAP), Data Management, and Fiscal Management components. This reporting tool will be mandatory for each subcontractor to submit monthly in FY11, as a way for the AA to review, evaluate, and analyze trends in the aforementioned areas. The methods for monitoring at this level include: (a) routine monitoring, (b) action research and qualitative enquiries, and (c) surveys. Each element focuses on drawing lessons from the project/program design and implementation experiences forreplication (where applicable). Therefore, the focal points for activity planning at this level for the AA and RWPC

include:

The contribution of community projects on eS[ilbiished prionties; Satisfaction derived by the communities (levels ofst.:rvicc aud service utilization): Capacity of 5ubr:cntracrors to maintain ()pTimz.ll <:;-'.'I[';;S:

/\ppropriateness pf cOlliractual requirements ill of fed\..', ,d policies: L,:adership, autll(l~'iry and confldence \yithin su! :()i1tt'1C!Oi·.~

Ci:pacilY budcl!n~). and functioning \vithin the D~ 1!~L.l-lSf),,\ ( ol1tirumn ofC,re: and /\, ""'(lrt fU[Jctjr"!'I!lg (lfthe monitoring and In; .. g \11e,i[ i!\'~ '·'lld[.U!t :-',\:)1'...':11> (ARIES)

7

The Dallas EMA outcomes evaluation will be continue to be another integral part of linking supportive services to health outcomes in FYI}. The purpose of the outcomes evaluation will be to measure cbanges in outcomes and to establish which interventions cause the desired changes anticipated. For FYIl, outcome indicators will be measured in three (3) distinct categories, which include: clinical, quality, and cost-effectiveness indicators. The Dallas HSDA will use these categories to measure outcomes data reported bi-annually to the Health Advisor from all TEA funded agencies. The Dallas AA will use the standardized outcomes data to show how quantitative standards and quality of care are being met. This approach will demonstrate how an outcomes evaluation is related to CQM, which aU TEA funded agencies wiH use to identifY how their service delivery impacts health status outcomes and to make needed program and service changes to continuously sustain and improve quality and access to care within the Dallas

Sherman/Denison HSDA.

The Administrative Agency and Ryan White Planning Council reallocate funds for all grants throughout the year. At approximately the fifth and seventh month of the contract term, the AA will provide the AC with programmatic and fiscal data for analysis to determine if funds should be reallocated among service categories. This data typically includes:

.. Monthly and year-to-date units of service and expenditures per service category; e YTD units of services and expenditures provided per service category; e Total number of units of services to be provided per service category; e Total clients served per service category; III Percentage of goal achievement (this infonnation is necessary to assess what service category is off target, on target, or over

target); and • Categorical funding request forms from funded providers (de-identified)

The AA may reallocate funds to other service providers within the same category without AC review.

The AA monitors actual provider expenditures against contractual budgets to assess whether funds are being under- or over-spent at any point during the fiscal year. The same service utilization data provided to AC is used to detennine if funds win be allocated within a service category. At the five and seven month period of the contract, the AA will review programmatic and fiscal expenditure data to determine if agencies are on track to meet the goals set in their contracts. If they are not on-track they will be contacted to provide an update on their status and the AA will make the fmal determination of funds wiH be reallocated within the service category between

agencies.

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

Ryan White and State Service Allocations and Delivery In the Dallas Planning Area, the following medical services are funded through Ryan White Part B: Outpatient/Ambulatory Medical Care, AIDS Phannaceutical Assistance, Oral Health Care, and Medical Case Management The following support services are funded through Ryan White Part B: Case Management (non-medical) Food BanklHome-Delivered Meals, Medical Transportation Services, Housing-Based Case Management and Outreach Services.

Allocations for FY 2011 in the Dallas HSDA were determined after review of several data sources including priorities, historical expenditures, cost data, historical aHocations and reallocations. All service category allocations began with FY 2009 expenditures as a basis. The R WPC voted to allocate funds based on the same percentages as FY 20 I 0 and apply the funds proportionately when the funds are awarded. The significant increase in percentage for Ambulatory/Outpatient Medical care from 38.86% to 58.45% was due to the vote from the RWPC to fund Health Insurance and Cost Sharing Assistance exclusively through Ryan White Part A

funds. The

In the Shennan/Denison HSDA, the following medical services are funded through Ryan White Part B: AIDS Pharmaceutical Assistance, Mental Health, and Medical Case Management. The following support services are funded through Ryan White Part B: Case Management (non-medical) Food Bank!Home-Delivered Meals, Housing-Based Case Management, Transportation, Congregare Housing, Home-Delivered Meals, Child Care Services. and Legai Services.

Allocations for FY 20 lOin the:; Shennan/Denison HSDA were determined after revie\v of several data sourct::s including priorities, historical expenditures, cost (b~~l, histonci J.llocarions and r~a!locmions_ All service category allocations began with F1i 2009 expenditures as a basis and were allocated initially based on F'{ 2009 level funding. ESli)TFltions for the numbe:" :\f units and cltents to be served were based 'JrI 2009 final expenditures units and nllrnbe:-- of clients served. Units and cliems \-v,;rc adjusrccl proportionately based on the aiJucation.

8

1 9

Part B allocations are coordinated with multiple funding streams. Parts A, B, and MAl allocations are all completed at the same time by the Allocations committee of the Ryan White Planning Council in order to maximize the efficient use of funds and coordinate all funding streams. State Services funds are allocated to fin in any gaps in service that remain after the allocation of the other grant sources. One example of State Services coordination is the funding of Transportation to non-medical services. This allocation compliments the Part B allocation to Medical Transportation by providing transportation services to meet both medical and psychosociaJ needs of Dallas and Shennan/Denison clients.

The priorities and allocations in the Dallas and Sherman/Denison HSDAs support the current Comprehensive Plan by providing coordinated medical services and services designed to retain clients in care. Outpatient! Ambulatory Medical Care, AIDS Pharmaceutical Assistance, Transportation Services, Early Intervention Services and Medical Case Management all contribute to the Comprehensive Plan performance objectives planned for PY 2011-2012;

1.3.1: To Evaluate the Ryan White funded transportation system and leverage other community-based agencies/services to increase access throughout the region by fourth quarter 2011. III. 1.5: Enhance collaborations with regional key points of entry to appropriately screen PLWHA and link to HIV medical care and other services through 20 il. HI.2.1: Evaluate options for a consumer peer post-test counseling program by second quarter FY 2011; as appropriate solicit provider proposals/or a pilot program in FY 2012.

9

20

REQUIREMENTS fOR HIV SERVICES CONTRACTS

The face page also certifies that all below requirements and assurances shall be followed by each Administrative Agency and their subcontractors.

HIV CONTRACTOR ASSURANCES All contractors shall abide by all policies and assurances of the HIVlSTD Prevention and Care Branch that apply to the programs being provided. The HIV Contractor Assurances are located on the HIV website at hltp:llwww.dshs.state.tx.us/hivstd/fundinq/docs/HIVContractorAssurances.pdf.Alist of policies applicable to all HIV and STD contractors is provided at the agency's website at http://www.dshs.state.tx.us/hivstd/policylpolicies.shtm.

DSHS ASSURANCE AND CERTIFICATIONS All contractors shall abide by the DSHS Assurance and Certifications located at: http://www.dshs.state.tx.us/hivstd/funding/2009 Fed HIVlattachment 1.doc

CONTRACTOR ASSURANCE REGARDING PHARMACY NOTIFICATION All contractors shall ensure that pharmacies providing prescriptions to HIV services clients do not fill medications on deceased clients, the contractor provides assurance to the Department of State Health Services that it will notify client's pharmacy when a client dies.

APPENDIX A: PROGRAM REQUIREMENTS FOR SERVICES CONTRACTS All contractors shall ensure that program requirements listed in Appendix A are fulfilled. Appendix A is located at: http://www.dshs.state.tx.uslhivstd/fundingldocsl Appendix A pdf.

APPRENDIX S: GLOSSARY HIV-RELATED SERVICE CATEGORIES AND ADMINISTRATIVE SERVICES (RDR*DEFINITIONS APPLIED) All contractors shall ensure that program requirements listed in Appendix B are fulfilled. Appendix B is located at: http://www.dshs.state.tx.us/hivstdlfunding/docsl Appendix B. pdf.

10

21

APPENDIX A

ADMIN & SERVICES SUMMARY Applicant Name: DALLAS COUNTY HEALTH AND HUMAN SERVICES

Cost Categories Evaluation

Data Managementi (includes URS

activities)

and Evaluation (Program Code 079)

H25 Grantee Administration

K18 Quality Management

079 Capacity I Total Administrative Building

297 424 Direct Services, Services Total

Costs Tota!

Costs CJ~;~ ociated with development of the Comprehensive Services Plan, including priority setting, and allocation, documenting program accomplishments and assessing the impact of

~,n-u';!' ,-1111:'; 011 c:iielli;; by examining delivery of services and outcomes attributable to service efforts. Does not include expenditures associated with Quality Management activities.

GaUl iYlanagf:nlcnt (Program Code 079) co:~(s ~Js::~Clci3ted with UPS activities.

Gralltee Administration (Program Code H25) US\I:-li nne! recognized overhead, including established indirect cost rates. Overhead includes items such as rent, utility, telephone, and other expenses related to administrative staff; exp(-?ilses such as liability insurance and building -related costs (e.g. janitorial). 1\1:1"'::;;(;11 lC'il! alld oversight of specific programs funded under this Title. This includes salaries, fringe, and travel expenses of administrative staff, including financial management staff. This clues Ilot illclude Ihe salary or fringe of slaff devoted to Planning or Uniform Reporting system (URS) data entry or management. Other types of program support such as quality assurance, quality control, and related activities. This includes expenses related to monitoring and evaluation and expenses related to

Ilir"lng of consultants to perform projects related to management improvement of program quality assurance.

Qu,·i\dy iVlc.nafJernent (Program Code Kia) '~:os\( (eleltod 10 (J8'1eloprnenl of the required quality management plan that assesses the quality and approprialeness of the health and support services provided by the contractors and

Capacity Building (Program Code 079) \~:u:::,h I-el,l\ed to improving core competencies that substantially contribute to an organization's ability to deliver effective RW services. Capacity development should increase access to

1I'1r;:, service, systern and reduce disparities in care.

I\: I\:

23

APPENDIXB

L4

IIJrlstruct:iorlS: Table I must be completed for EACH HSDA within the Administrative Agency's area. Use this table to reflect the ii"'TVlce allocations and estimated service units and persons to be served with those funds. Use columns 2 and 3 to show the estlrn'ite,jll 1I1l11mber of units to be delivered and persons to be served. In colunm 4 place ihe total allocation for that category; this should 'nc·hulA II

IIs"rVlce provider administrative costs. The tOial of all allocations should equal the total for the HSDA's RWSD or 55 allocation. IIColulmn 6 indicates the percentage of the total award that is allocated to that service category. Table ]IS are due with renewal

SERVICE CATEGORY· ALLOCATION FOR % OF TOTAL

HSDA ALLOCATION

Medical Care 7208 1582 $1,536,592.70

Phannaceutical Assistance 2505 579 $102,264.25

1074 432 $123,558.35

Intervention Servic.es

Insurance Premium and Cost Sharing

Health Care

Nutrition Th,,,o.'"

Services

and Community-Based Health Services

I Health Services

Abuse Services -

IIM:edlcal Case Management (including treatment 5136 1149 $212,152.32

10596 1584 $320,988.83

Care Services

, Financial Assistance

Bank! Home Delivered Me:r.]c; 99% $Hl4,630.26

kalth Education j Risk Reductioi-

OSHS Tab\e 1

25

Ll~"o;na Services 0.000/,

Legal Services 0.000,

-". Services n noo.

"'. Services 3868 102, $150,373.15 5.720/.

Services 682f 821 $78,604.14 2.990/,

Services 0.000/,

Iv ,~a oJ for Health Care! Services OMO,

!R, Services 0000,

-,,' Care 0.000/,

"L ,. 0.000/,

l:)uOto,al $2,629,164.00 100.000/

The ~ services may not be~ White Part B funds

, ! Services onoo/.

Child Welfare Services 0.000/,

0.00%

o on0J,

,e Developmental Assessment and Early Services nnno/.

.nL 0.000/,

Rp~p~aJo to Clinical Research n ono/'

'Other Direct Support Services (Attach a separate sheet . services to be . ..J\ 0.00'1

ITotal Allocation ~26?o 164.00 100.00%

LO

"". '.' .. , .. .• '" :.'.> .. .. > ..... ).;.<.... ..,'.' .' '., .•...... I,··'···· •.. ' '." '< ~~i I.· ••. · TAiBUEil:.SERjViIGESPR1(!)R1mIEfi,A'[jl:OC2X'llf(!)NS·.4~'OBiJEorJ:MElS 'BYm¥'SERViIGE']}EI1fIVERY ~.f .• ,. :}i ." . . '" ':C:;' ..' .,. . " ... '." ., . ..... . .' ." '.' ··c <. ....'. ..' ..... ' '.' . .. .' .'. '.. '.' .'.;. '. '.' .••• . ... '. .' ~;

Administrative Agency Dallas Health & Human Services HSDA Shennan-Denison

Funding Stream: Rvan White I Fiscal Year bOII-2012 HSDA Allocation: $]82,097

Instructions: Table] must be completed for EACH HSDA within the Administrative Agency's area. Use this table to reflect the

service allocations and estimated service units and persons to be served with those funds. Use columns 2 and 3 to show the estimated

number of units to be delivered and persons to be served. In column 4 place the total allocation for that category; this should include

service provider administrative costs. The total of all allocations should equal the total for the HSDA's R WSD or SS allocation.

Column 6 indicates the percentage of the total award that is allocated to that service category. Table 1 's are due with renewal

application..

ESTIMATED ALLOCATION FOR % OF TOTAL

SERVICE CATEGORY* OBJECTIVES

I Units II Persons I HSDA ALLOCATION

Outpatient/Ambulatory Medical Care 310 52 $58,052.00 31.880/,

AIDS Pharmaceutical Assistance (local) 410 49 $31,047.00 17.050/,

Oral Health Care 0.000/,

Early Intervention Services (Parts A and B) . 0.000/,

Health Insurance Premium and Cost Sharing

Assistance 160 27 $23,217.00 12. 750/,

Home Health Care 0.000/,

Medical Nutrition Therapy 0.000/,

Hospice Services 0.000/,

Home and Community-Based Health Services 0.000/,

Mental Health Services 0.000/,

Substance Abuse Services - Outpatient 0.000/,

Medical Case Management (including treatment

adherence) ]432 87 $26,386.00 14.490/,

Case Management (non-medical) 1500 90 $26,294.00 14.440/,

Child Care Services 0.000/,

Emergency Financial Assistance 0.000/,

':"')oc! Bank! Home Delivered [\.-1ca!s 3~R 40 $5372.0n 2.9SCY

k-:alth Education i Risk Rech::_:'_:on 0.00(;<

DSHS la'oi2 1

27

'" Services o (In.,

Legal Services 0.00')-:

;n ,,;0';0 Services o noo,

,. 'T Services 48\ 3J $1l,729.00 h."-&O,

Services o noo,

Services 0.00')-:

.r. for Health Care I S Services 0000,

Services (l,f)(l0,

Care O.OO'!-

" o noo,

$182,097.00 1 nil IlOO<

The 'may~ Wbite Pari B funds

I r. Services (l oo0/.

IChild Services o MO,

IClient ,~. n {)flO,

o no'/.

Developmental Assessment and Early

Services () 000,

n' 000°;.

I" ',"0 "J, to Clinical Research "J)O°/.

IOther Direct Support Services (Attach a separate sheei

',jp,"i1'"" services to be funded) o Oook

ITo tal A $182.097.00 HlO OfW.

DSHS Table 1

APPENDIXC

29

FORM G: CATEGORICAL BUDGET JUSTIFICATION


Ryan White Part B HIV Care Services and Administrative Agency FY 2011 - 2012 Proposed Services alld Administrative Agency Budget

Cost Categories

TOTAL BUDGET

PERSONNEL

A Assistant Director fer Grants Compliance - Karin Petties

$7, 169.92/mo x 25.00% x 12 Oversee activities and overall operation of (he HIV Grants Management Division.

B Grants Management Officer - Crystee Cooper-Walton

$6,1 58.17/mo x 25.00% x 12

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

C. Grants Manager - Mitos Llauder

$S,731.83/mo x 25.00% x 12

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

D Accountant II ~ Aurora lnumerable

S3,996.50/mo x 25.00% x 12

Monitor financial activities and daily accounting operation of H1V

Grants Management Division.

E Program Monitor ~ Glenda Nchekwube

$4,775.50/mo x 30.00% x 12

Program Monitor ~ Nonna Piel~Brown

S4,775.50/mo x 30.00% x 12

Program Monitor ~ Hamed Husain

$4,543.83!mo x 30.00% x 12

Conduct programmatic review of subcontractors

F Grants Analyst" Tianjiao McPherson

$3,996.50/mo x 25.00% x 12 Prepare budgets for grant application. Assist jn the review of

subcontractor's budgets. Assist accountant in the daily accounting

activities.

G. Administrative Assistant - Vivian Wilson

$3,889.921mo x 25.00% x 12

Provide administrative and fiscal support.

H Data Analyst - Thomas Reed

$3,779.17/mo x 25.00% x 12 Collect data and information for various users. Pwvide ARIES and

administrative support

General Qlfice Clerk - vacant

$2,809.50/mo x 25.00% x 12 Provide clerical assistance to H!V grants administrative staff

Systems Operating Analyst - Allen Wang

$6,548.75!mo x 5.00% x J2

Provide assistance as backup with AR!ES reporting and tracking. (Cost

shared with DCBBS @ 20"/,,)

L DCBI-IS AdmmlStrative J\SSlSiJHi - YalTl011lCa fkm""n"",

54.:123.42/1110:i. G.}5?;') x 11

Provide JS$,g\;UlCe 10 H1V C ;~IP' '1, '~!i1~nr D·· .L'wnts C('ntract, fOI· brlellil'!" :,q' ('nllf· meier

DeBI·IS @ 25"

;r: pt,)ceSSlIlf

share:<d with

, 494.000 $

278,126

2l,510

18,475

17,196

J 1,990

17,192

17,192

J6,358

11,990

11,670

11,338

8,429

3,929

3.243

-Total

2,811,261 :$ "3,305;261

FORM G: CATEGORICAL BUDGET JUSTIFICA nON

Dallas County Health ;:md Human Services

Ryan White Part B HIV Cue Services and Administrative Agency

FY 2Gll - 2012 Proposed Services and Administrative Agency Budget

Gmt Categories.

L DCHHS Courier/Delivery - Marvin Jones

$2,69L67/mo x 6.25% x 12

Provide delivery and courier service to and from Dallas County

departments, local grantor, and subcontractors_ (Cost shared with DCHHS@25%)

M. Building Supervisor - vacanl

$2,807.50/mQ x 8,75% x 12

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

N. Quality Assurance Admmistrator _ vacam

$5,059.42/mo x 30.00% x 12 Perfonn chart reviews and evaluations of medical and dental services to ensure compliance with Public Health Standards. Supervise quality

management staff.

O. Health Adviso. - Nikita Phillips

S4,543_83/mo x 30.00% x 12

Develop and implement standards of care and outcome measures for

services.

P Quality Assurance Advisor - LaToya Miles

S3,843.75Imo x 30.00% x 12

Provide technical assistance to contractors and conduct studies/reviews on current standards of care

Q. RWPC HIV Services Planner - Felton Stevens

S4,543.83/mo x 30.00% x 12

Coordinate implementation of the Comprehensive Plan.

R. RWPC Administrative Coordinator - vacant

$3,596.75/mo x 30.00% x 12

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

Planning Council.

S. RWPC/C Manager - Aurelio Rodrigllez

55,28S.00hno x 30.00% x 12

Oversee day-to-day operations of the Planning Council. Prepare reports

as needed,

T Accounting Clerk· Nebiat Kidane

S2,455.92/mo x 20.00% x 12 Provide accounting support to HIV Grants Management Division

II FRINGE BENEFITS

Medical/DentaVLife lnsurance@8,500I[le c; Allocation Rate

Socia! [email protected]%

[email protected]%

Workers Compensation@0,50%

!II TRAVEL

All travels by adminisfrative agency is in compliance with The Dallus County policies-and Procedllres.

!j [",.r -,dmmi$lr81'1'~ 51.[1" Ie> p"rL'nn - -_tk ,,- - '[cl IlldnlWrin;C fisc::li

compliance iHHjn, and 0(h~r HiV p-""; ,,,h: J ;·~[,':\tlCS (JOno rmle~ @ 5() c~nt5frJlik)

lQQ

Administra.tive

2,019

2,948

]8,214

16,358

13,838

16,358

12,948

19,037

5,894

92,693

43,88 !

21,277

26,144

1,391

8,343

] ,150

Service -Delivery -Total

- '"'97;693

8,343

31


Dallas County HCllllh ami Human Services

Ryan White Part B HIV Care Services and Administrative Agency

FY 2011 - 2012 Proposed Services and Administrative Agency Budget

2J For pl3!ming council staff to perfonn RWPC activities, and other

site activities (500 [email protected] cents/mile).

3J For quality management staff to penDTIl'! on-site program ~''''''m'''t, program evaluation, and other quality management related (500 [email protected]/mile)

4J For data and systems slaff to provide ARIES support, assistance, and other ARIES related activities (500 miles

cents/mile).

B. Qut-of Jurisdiction Travel

1] Trave! for five administrative staff, and one RWPC member 10 atlend Ryan White HJV/AIDS Progrnm Grantee meeting in Washington, DC

cost shared at 10% - J trip x $J8,750@ 10%.

Ground (Air) transportation @ $450 x 6 stilffi'member

Lodging@5 nights x $150 x 6 staff/member

Per Diem @ 5 days x $80 x 6 stafFmember

Registratioll @$650.x 6staffhnember

Mileage/transport to/from airpOlt and local tnmsp01t

Miscellaneous for lodging tax, and airport parking

2] Travel for three quality management staff to attend a five-day Ryan White HIV/AIDS Program Grantee meeting in Washington, DC cost

shared at 10%-1 trip x $9,375 @1O%.

Ground (Air) transpol1ation 111 5450 x :; sta(r

Lodging @ 5 nights x $250 x 3 stuff Per Diem@ 5 days x $80 x 3 staff

Re!<istratiou qll $650 x :; staff

Mileage/!ransp0!1 tofti'om airport and local transport

Miscellaneolls fur lodl,ting (ax, and airport parking

3J Travel for five administrative staff, and one RWPC member to attend a two-day quarterly meetings of Part A EMA's in DallaslFort Worth, Austin, Houston, San Antonio, TX or New Orleans llnd Baton Rouge,

LA cost shared at 10% - 2 trips x $4,890@ 10%.

Gl"O\lnd (Air) lrsnsportmio!) (fA 5300 )\ 6 staH7mcIllbcr

l,odging@2nightsx$150)\ 6 staff/member

Per Diem @i 2 days x $50 x 6 staft7member

MilcngeJtJa!lsport totti'om airpoli and iOCDI !nmsp0!1

Miscellaneous for lodging lax, and airport parking

4J Travel for three quality management staff to attend a two-day quarterly

meetings of Part A EMA's in Dallas/Fort Worth, Austin, Houston, San Antonio, TX or New Orleans and Baton Rouge, LA cost shared at 10% _2tripsx$2,445@10%

(Jround (f\ir) (I"<lnsportatioll @S:;OO " .3 :;t:lff

Lod)!ing I~) 2 nights x $ J 5() " :; stnH

Per Diem i(t 2 days x $50 x J st-;:;If

Miicagcitransp011 toifrom airport and IOl'~1 transport

iVhsceli:meoHs for lodgmg tin. and :lir-pul1 parking

5) Travel for five 3dillillistratiVl;: staff lG atknd ;, thn:",-d~y ;\11 Parts

meeting in A'IStlll, TX cost shared at 10';< - i tn;' s_ S5,20U:[f: 10%

: ,()dt"I1~ (iii 1 'ligili.' " S i iU \. j :,1,,1-[

i>~1 [),em ;{i -; dil:~ -, 5;51) y_ 5 q,ilT

'\iJi~",',· WH1s!)('r: '(rit'_'Il' ;n:!'I':! ",,'

~U00

1,500

2,250

750

7,093

FORM G: CATEGORICAL BUDGET JUST/FICA nON


Ryan White Part B HIV Care Services and Administrative Agency

FY 2011 ~ 2{)12 Proposed Services and Administrative Agency Budget

Cost C~tegories

6J Travel for three quality management staff to attend a three-day AJI Parts

meeting in At!stin, TX cost shared at ]0% - I trip x $3,120@ 10%

(,mlmct {Airllnl11~portati()ll 'ii.: $.':()() I.: -' st"ff

Loli!!lllg i{i~ J nights x S15(J;...:> si<liY

Pcr Diem 11 3 days _, S50 )\ :; stafr

Mik,lgel!ralJsporl toifrmll niT"j)or! ,md loc:;) lnmsporl

Misceli:m<;'Oll.' for lod!"nl/! Ia)(. ilnd airport parking

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

meeting in Austin, TX cost shared at 10% - I trip x $4,075@ 10%.

Ground (;\jr) transpoItatloll (iP $300 x 5 staff

Lodging@'2 nights x S 150 x 5 statT

Per Dicm @1 days x $50 -' 5 ~tafr

MileageJtransfxnt toin'om ,tirp{lTt und local transport

Miscellaneous for lodging tax, and airport parkill~

8J Travel for three quality management staff to attend a two-<iay state sponsored meeting in Austin, TX cost shared at 10%. ! trip x $2,445 @10%.

GI'o(lI1d lAir) transportal/on @·$300x3 stair

Lodging 'i!), 2 HI(!:hts x S! 50.\ ,; stafr

Per Diem@. 2 days x $50 x ."l staff

MiJea!:,eimlilspol1 to/fi-om airport and local lransport

Miscellaneous t()r lodgil1!,! tElX. fHld 'lirpor! parking

9J Travel for one administrative staff to attend a three--day 2010 Ryan White HIV/AIDS Program Annual Data Report (RDR) training in Phoenix, AZcostshared at 10%- J tripx$1,370@10%

Cirmmd (An) !ransporintion (iii $]75 x J staff

Lodging@,' nights x $20() ;.. ! ~taff

Per DlelJl ~~: J (b.v$ " $80 x j stat!

Milcagc/tranSp,lrt to/fi-OIli airporl and locallranspGr!

Miscdlancotls for lodging 1,\)-;, and airpori p'l!kin~

!OJ Travel for one administrative staff to attend El two-dElY National Quality Center: Training of Trainers cost shared at 10% . I trip x $950 @ ]0%

(hound (Air) Iraflspor!n!ioll '~il $375 x I ~tnn

Lodging ({i-). night;; x $IS() " i s!'lIT

Per Diem .',~: ?: d;lv\> ;; S80 '- 1 st'Jff

M!leage/tr~nspOJ1 w/ii'olll iHl'jlOlT and joc~1 trJJl5pon

MiscelianCOliS E)r lod!i'-lIlg (~\._ ~nd airport pnr!-..illi'

Ii J Travel for one quality management stElff to 3ttend a three-d~y N~tional Quality Center Training ofQuahty Le~ders (TQL) cost shared at 10%

1 tripx$1,205@]0%

?'~r D'~".l 'f( ,\ .j~IV ,~,S',;, .',1"Ii

'-"-;Ik",[,,· trCllhl', ,,,'I';,,,, 'I',. ,,1,'

225

3]2

'l;:J1Q .900

·1:.3'50

- 450

185

£35

ill

/21

1,]0:'

375

'ISO

2·H)

95

Administrative Service Delivery Total

33


Dallas COUlity Health mul Human Services

Ryan White Part B HIV Care Services am! Administrative Agency

FY 2011 ~ 2012 Proposed Servkes and Administrative Agency Budget

12l Travel for five administrative staff to attend a three-day regionai meeting for the new program and fiscal monitoring guidelines coSI shared at 10% ~ ! trip X $6,850 @ 10%

Cl'Ounc] (Air) traJlspOfMlOn f{i~ SJ75" 5 staiT

Lodtting (if:; nighb x Sl()O x 5 S1arr

Per Diem !iI -' days x $80 x 5 staff

Mileage/transport tolffOm anpon and iocal trallspon

MIscellaneous for lodging la". nnd airport pllrking

13] Travel for two administrative staff to attend a three-day Planners Network Meetings within State of Texas cost shared at )0% - 1 trip x

$2,080 @ 10%.

Grol1nd (Air) transporfalln!l (if) $:\00 x 2 staff

Lodging @ :; nights x $]50 x 2 staff

Per Diem Ii!.i J days x $50 x. 2 sraff

Mileage/transport to/li'om airport and locallransport

Miscelluncous for lodging tux, und airporf purking

14] Travel for one administrative staff to attend a two-day ARIES related meetings in Austin, TX cost shared @ 10%" I tdp x $&15 @ J 0%.

Oro,und (Air) (wllsponatio!l@$':;OO-" I sluff

Lodging @ :2 nights x ::; J 50 x I staff

Per Diem (/( 2 d~ys x $50 x I staff

Mi1eagcitranspOlt toll'l'om ailvon !lnd local transjlort

Miscellaneolls for lodl,.>illg tux. and aill)(lr! parking:

IV EQUIPMENT

V SUPPLIES

A. General consumable supplies like papers, pencils, pens, paper clips, folders, binders and the like to support Ryan White gant related

actlvities.

B Computer Supplies· computer accessories and softwares necessary to support Ryan White gant related activities

C Other equipment items;:> 500 like paper shredder, time recorder, heavy duty stapler, fax machine, calculators and the like to support Ryan White grant related activities.

D. Materials, supplies, stipends ror reviewers, and nourishments for !nternaVExtema! Review Committees and Technica! Assistance meetings activities conducted by grants administrative staff.

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

InlemaI/E:.:lemal Review Committees and Teclmical Assistance meetings activities conducted by planning eOllneil staff.

VI CONTRACTUAL

A Contracts for HlY services covering Dallas HSDA to be awarded through renewal Of competitive request for proposal (RFP) process

Admmistrative Cost

Direct Serv,ces Cost

fl Cor-llr8cts iOI HIV services covenm; SJHerman·Delllson HSDA to b~

'lwd,ded ('1"\ 3 sok somc;] process

c\dlTmllstrzt[I\~ Cost

[),["C; SerVlc,:s CDS·

§MQ

1;8:75

262,916

2,366,248

18,210

163,837

Administrative

1,800

1,000

300

300

100

100

Service:Deljvery Total

2,811,261 2,811,"261

2,629,164

18L097

,34


Dallas COUlJty Health :md Human Services

Ryan White P::rt B HIV Care Services and Administrative Agency

FY 2011 - 2012 Proposed Services and Administrative Agency Budget

CoSt Categories'

VII OTHER ADMINISTRATIVE COSTS

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

B Copier rental and printing charges fOf grant related activities.

C Postage for grant related materials

D Training provided to staff to keep cument on HIV/AIDS issues and job related requirements.

E Office equipment maintenance

F Advertising for public notice of the RFP

G County-wide audit per OMB Circular A-I 28

H. In-house needs assessment for the Dallas and Shennan-Denison HSDA

Grants Administrative Agency staff wi!! conduct a needs assessment and investigation into the epidemiologic data for people diagnosed with HIV/AIDS over the age of 50, the age-associated co-morbidities, mental health issues, and antiretroviral toxicity.

IX INDIRECT COSTS

Grants Management Division's share on aU allowable Dallas County cost using The DaUas County Certified Indirect Cost Rate@39,56%

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

G The maximum rate altowed. under an iIldirect cos! rale ag:reemefll approved by a

X federal cognizant agency or slate sill{!!e audit coordillatill{! agency. A copy of the current rate is attm:hed behind the 8udget Expired raU! agreaments are not acceptable.

c

Dless than tile maximum amount alJowed by a federal cognizant agency or stare single audit GOordin3fing agency. A copy of the curren! rate is attm:hed behind the Budget

U (Applies to local governments only) The maximum rate alklwed under an indirect cost

moo. PfOIlf.lS.31 prepafed in act:ordance W. ;fu. OM8 Circuiar A-8? A COpy. of the indirect cost rale proposal certi!ication and supporting documents is on me and IS subject to reVIew by DSHS ~scal monilors, or any of Its duly authOriZed representatives, as well as duly eulhonzed federal or state authO!ilies.

U(APPfieS to governmental entities onfy) Less than the maximum amount allowed

under an Ind. ~ect cost rate proposal pre. pared in accordance with 0. M8 CircularA-87 .. A copy of !he indirect cost rate proposal certificalkm and supporting doCtlmenlS IS on file and Is subject to revieW by DSHS fiscal monitors, Of any of its duly authOrized representatives, as well as duly authorIZed federal or stale authorities

nTne maximum amount calculated under a (;Osi allocation plan must be submitted for

review 10 DSHS no later lhan the 60" calendar day after the effec~ve date of Ihe

Ucor.tract

DLess than the maximum amount calculated under a cost allocation plan that must be

suomitted for 1Bview ID DSHS no later than the 50'" calendar day (liter Ihe effective dace

d ~'1e conract

Administrative -Service-Delivery

3,OU

75

500

500

916

200

75

500

245

110,027

1iO,027

Total

DALLAS COUNTY OA LLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICE~:m~''fs'~!n\l"I{'' CnUDT

Health Division' "~"L ",) U ,(

ZACHARY S, THOMPSON DIRECTOR

MEMORANDUM


FROM: Zachary Thompson, Director

DATE: November 16, 2010

10 NOV lOAM /I: 20

SUBJECT: RATIONALE FOR SAME DAY BRIEFING AND COURT ORDER

Dallas County Health and Human Services is requesting that the Department of Slate Health Services Contract 2010-033408-001 D, CPS-Public Health Emergency Response (PHER) Focus Area 1, be considered on both the briefing and formal agenda, in order to expedite the purchase of equipment

2377 N,Stemmons Freeway Suite 600 - LB 12

Office (214) 310-1870 FAX (214) 819-6012

36

~ ,DEPARTMENT OF HEALTH AND HUMAN SERVICES ~.~tlH".V7E~O"O"',i'0>".~." DALLAS COUNTY Health Division

Zachary S. Thompson Director

MEMORANDUM


FROM: Zachary Thompson, Director

DATE: November Hi, 2010

SUBJECT: AMENDMENT TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 201 0·033408. 0010, CPS·PUBLIC HEALTH EMERGENCY RESPONSE (PHER) • FOCUS AREA 1

(Same Day Briefing and Court Order)

BACKGROUND

An amendmentto the Texas Department of State Health Services (DSHS) Contract No. 2010·033408-0010, CPS·Public Health Emergency Response (PHER) ·Focus Area 1, has been received from DSHS. This Attachment is being amended to delete one (1) originally approved eqUipment line item and add two (2) new equipment items, and transfers funds to the categories of supplies and other. The term of the contract is September 15, 2009 through July 31 , 2011.

OPERATIONAL IMPACT

There is no impact to Dallas County for this contract

FINANCIAL IMPACT

This contract amendment deletes $173,402 from the category of personnel, $72,804 from the category of/ringe benefits, $2,214 from the category of travel, $8,503 from the category of equipment, $699,753 from the category of contractual, and adds $911,132 to the category of supplies, and $45,544 to the category of other. The two (2) Volicon Mediatrac Content Matching Module· Software, which were previously approved, has been deleted from the equipment category and three (3) Refrigerator (20.3 to 22.7cu It bottom door freezers), and one (1) Ricoh Aficia MPC 4000 Copier has been added. There is no impact to Dallas County for this contract.

LEGAL IMPACT

The Commissioners Court is required to approve the amendment to the contract.

STRATEGIC PLAN COMPLIANCE

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

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does hereby approve the amendment of the Texas Department of State Health Services Contract No. 2010-033408-0010, CPS·Public Health Emergency Response (PHER)Focus Area 1, and authorizes the County Jud e to sign the Amendment on behalf of Dallas County.

Recommended by: a /~_ ~ achary Tompson, Director

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

2377 N.Stemmons Freeway Suite 644 - LB 12

Office (214) 819-2100 FAX (214) 819-2107

,

-3 (

DEPARTMENT OF STATE HEALTH SERVICES

Amendment To

The Department of State Health Services (DSHS) and DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT (Contractor) agree to amend the Program Attachment # OOIC (Program Attachment) to Contract # 2010-033408 (Contract) in accordance with this Amendment No. OOID: Public Health Emergency Response - Focus Area I ,effective 11/01l201O .

The purpose of this Amendment is 1:0 delete one item from Equipment Category and add two additional equipment items, and transfer funds from other categories to Supplies and Other Categories.

Therefore, DSHS and Contractor agree as follows:

PROGRAM A IT ACHMENT NO. changes from -OO±b' to 001D

SECTION vn. BUDGET, is changed as per attached Categorical Budget and Equipment List.

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 this contract and the terms of this Amendment, this Amendment shall control.

Department of State Health Services

Signature of Authorized Official

Date: ________________ _

Adolfo M. Valadez, M.D., M.P.H.

Assistant Commissioner for Prevention ane Preparedness Services

1100 WEST 49TH STREET AUSTIN, TEXAS 78756

512.458.7111

ado 1 fo . [email protected]

Contractor

Signature of Authorized Official

Date: 11/16/10

Name: Zachary Thompson

Title: OJ rpr tor

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

Dallas, TX. 75207

Phone: 214/819-2100

Email: 2 thofTl[)[email protected]:ounty.org

BY:

Page - I of I

(signature of person autllOrized to sign)

Jim Poster, County Judge

38


1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199

CATEGORICAL BUDGET CHANGE REQUEST DSHS PROGRAM: Public Health Emergency Response - Focus Area 1 CONTRATOR: DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT CONTRACT NO: 2010-033408 CONTRACT TERM: 09/15/2009 BUDGET PERIOD: 09/15/2009

THRU: 07/31/2011 THRU: 07/31/2011

Personnel $250,417.00

Fringe Benefits $94,963.00 Travel $3,300.00

Equipment $52,474.00

Supplies $305,~50.00

Contractual $2,692,757.00

Other $480,883.00

Performing Agency Share $0.00 Receiving Agency Share $3,905,486.00

Total Reimbursements Limit

$77,015.00 $22,159.00 $1,086.00 $43,971.00 $1,216,782.00 $1,993,004.00 $526,427.00

$3,905,486.00 $0.00

$3,905,486.00

$3,905,486.00

CHG: OOlD

$(173,402.00) $(72,804.00) $(2,214.00) $(8,503_00) $911,132.00 $(699,753.00)

$45,544.00 $0.00

Financial status reports are due: 12/30/2009,03/30/2010,06/30/2010, 10/29/2010, 12/30/2010,

03/30/2011, 06/30/2011, 09/29/2011


EQUIPMENT LIST CHANGE REQUEST

1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199

DSHS PROGRAM: Public Health Er1ergency Response - Focus Area 1 CONTRACTOR: DALlAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT CONTRACT TERM: 09/15/2009 THRU: 07/31/2011 BUDGET PERIOD: 09/15/2009 THRU: 07/31/2011 CONTRACT NO: 2010-033408 CHG: OOlD

PREVIOUS EQUIPMENT LIST

1 $1,626.00

2 3 $2,568.00

3 7 $1,003.00

4 1 $2,699.00

5 Software 2 $11,995.00

6 2 $4,717.00

NEW EQUIPMENT LIST

1 1 $1,626.00

2 3 $2,568.00

3 7 $1,003.00

4 HDV 1 $2,699.00

3 $1,275.00

2

S ~"-,- ~~-=~~~-~~-~=~,~- ,~-~---~-------

$1,626.00

$7,704.00

$7,021.00

$2,699.00

$23,990.00

$9,434.00

$1,626.00

$7,704.00

$7,021.00

$2,699.00

$3,825.00

DATE:

TO:

FROM:

SUBJECT:

Memorandum DALLAS COUNTY SHERIFF'S OFFICE Office of General Services

November 16, 2010

Darryl Martin, Commissioners Court Administration

Joseph Costa, Chief Deputy, Office of General Services

Rationale for Same Day Briefing and Court Order

Mr. Martin we are requesting same day briefing and court order for the OCDETF - HIDTA, DHS overtime reimbursement. The request is due to the positions that are assigned there and the reimbursements for all overtime and travel expenses being reimbursed back to Dallas County. If further information is needed, please conlact me at (214) 653-3461 or (214) 653-3460.

.~

Respectfully Submitted, '.::t Q '3:0 ... :i:J>

(' n '-r

~~ ..... or

W w -":~ ):> 0\ C)r..f)

Z rlC?

e~a > -.00 :x - c:: J - <.n:z:

0-< iefOepuly .. 0-<

Office of General Services w c: ..... :;0 -l

DATE:

TO:

FROM:

SUBJECT:

Background

41

Memorandum DAllAS COUNTY SHERIFF'S OFFICE Office of General Services

November 16, 2010

Darryl Martin, Commissioners Court Administration

Joseph Costa, Chief Deputy, Office of General Services

OCDETF·HIDTA, DHS OVERTIME REIMBURSEMENT

0 .. n ..... CA> V'

ll'" :x -.. (.11, ....,g

-, ::J '3':0 ~l:> ;;r "r--> 'Of/> " ~l("") :0 0

"?~ '."")--4

0-< c::: ::0 -l

In 1992, the Dallas County Sheriffs Department assigned two Investigators to the Drug Enforcement Administration, and a third Investigator was assigned to a multi-agency street drug unit Dallas County paid the salaries and benefits of the assigned Investigators with all overtime and travel expenses being reimbursed by the Gulf Coast Organized Drug Task Force, In 1998, Dallas County was designated a High Intensity Drug Trafficking Area, In 1999, the three Investigative positions were assigned to the FBI, DEA, and the U,S, Customs Service as part of the newly formed OCDEFT-HIDTA Task Force, and all overtime and travel expenses have been reimbursed by the corresponding federal agencies, As of March 2004, all money laundering and organized crime investigations must meet the criteria outlined in the HIDTA and OCDEFT Task Force guidelines, All overtime, travel expenses, and out-of-pocket expenses incurred by all Investigators assigned to the HIDTA Task Force and assisting in these investigations are and will be reimbursed to Dallas County by the sponsoring federal agency, A separate Memorandum of Understanding (MOU) specifically directed at reimbursement of overtime funds to Dallas County for Investigators involved in investigations with the Department of Homeland Security, specifically the Immigration and Customs Enforcement Agency and the United States Secret Service, have also been utilized to provide resources to both DHS and Dallas County as required, Also, all overtime, travel, and out-of-pocket expenses incurred by all Investigators assigned to the Immigration and Customs Enforcement Agency and the U,S, Secret Service and assisting in these investigations are and will be reimbursed to Dallas County by the sponsoring federal agency,

The ongoing program between the Dallas County Sheriffs Department and OCDETF-HIDTA is sanctioned by the organized drug enforcement guides as adopted by the Attorney General of the United Sates on January 20, 1983, and revised on December 15, 1990, and March 2004, The ongoing program between the Dallas County Sheriff's Department and the Department of Homeland Security meets all guidelines as required per DHS rules and regulations,

Financial Impact

The ODCETF-HIDTA program, and the Memorandum of Understanding between the U,S, Department of Homeland Security Agencies and the Dallas County Sheriff's Department stipulates that the U,S, Department of Justice and the U, S, Department of Homeland Security will reimburse Dallas County for approved overtime cost up to $16,903,10 a year per employee, along with all authorized travel per diem expenses for Investigators assigned to ODCETF-HIDTA, and Department of Homeland Security (Immigration and Customs Enforcement and U,S, Secret Service) investigations,

Recommendation

I respectfully recommend that Dallas County approve the continuation of the ODCETF-HIDTA program; and the Memorandum of Understanding (MOU) with the U,S, Department of Homeland Security (LC,E & U,S, Secret Service),

,Respectfully Submitted" ' , t/!l v

~/I /111 i !\ ," ,\ I' l f ~"( f'\ \ Jqsepjjl Costa ''-€'hief Deputy

Office of General Services

DALLAS COUNTY COUNTY AUDITOR

November 10, 2010

Memorandum

To: Darryl Martin Commissioners Court Administrator

42

From: Virginia A. Porter v~~ C~ Auditor <:....-J

10 NOV r 0 PM 2: 04

Subject: Rationale for Same Date Briefing and Court Order

Due to stringent reporting requirements of the Federal Equitable Sharing Agreements which requires certified reports to be filed within 60 days after the fiscal year end, it is recommended that the court approve accepting the audit reports and certifying the court order with an effective date of November 16,2010. Therefore, we request that both the briefing and court order be allowed during the same court session.

attachments

509 f.;rain Scree: ~11a3f T~X0S 75202

~. DALLAS COUNTY ~ COUNTY AUDITOR

"1:r£ Of '{<;.

November 10,2010

Memorandum

To:

From:

Darryl Martin Commissioners Court Administrator

Virginia A. Porter ,J~ County Auditor 0' -,r

3

Subject: Federal Equitable Sharing Agreement Filing

Dll! I ." "ou r:n'<",f,'~'~Cj~ !_. IHY , .... '..... 'is COURT

10 flOV 10 PH 2: 04

FY2010 audits were performed according to requirements contained in the Depmiment of Justice's Addendum to A Guide to Equitable Sharing, The certified reports are to be delivered to the U.S, Department of Justice and the U,S, Department of Treasury no later than 60 days after the fiscal year end, According to the Federal Equitable Sharing Agreement, the head of the law enforcement agency and a designated official of the governing body are required to sign the Annual Certification Report certifying that the accounting of funds received and spent by the law enforcement agency is accurate and in compliance with the guidelines and statutes that govern the equitable sharing progrmn, The federal equitable sharing audit includes a review of the proceeds and property from criminal seizures or forfeitures by Dallas County's law enforcement agencies,

This briefing is consistent with Dallas County's Strategic Piau Vision 3, Local aud state law enforcement officials coordinated to reduce crime resulting in a share of forfeited assets to be used for future law enforcement purposes,

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

Forfeiture and seizure records included in the audit were for: 535 & 540 - District Attorney Forfeiture 91001- Constable Precinct No, 4 Forfeiture 91002 - Sheriff - Federal Asset Sharing 91004 - Constable Precinct No, 2 Forfeiture 91005 - Constable Precinct No, 1 Forfeiture 91006 - Constable Precinct No, 3 Forfeirure

attachments

St'; t2 407

44

Equitable Sharing Agreement and

Certification

Expires 7-31-2011

o Police Department 0 Sheriff's Office 0 Task force (Complete Table A, page2) @ Prosecutor's Office 0 Other (specif)l) _______ - ___ _

Agenc)I Name: Dallas County District Attorney

NCIC/ORI/Tracking Number: I T I X I 0 I 5 I 7 I 0 I 1 I 5 I A I Street Address: 133 N. Riverfront Blvd. L.B. 19

City: Dallas State: TX Zip: '-.7'-'52'-'0-'-7 ___ _

Contact: Title: Mr. First: Paul Last: Ingram ------ -~---------

Contact: Phone: 214-653-3785 E-mail: [email protected]

Same as Preparer: First: Hector Last: o Contact Preparer: Phone:-2-j-4--'-6S-3---7-n-O----E---m-a-il-: Hecto-'r--.L'[email protected]

I

I

last Fiscal Year End: 09(3012010 Agency Current fiscal Year Budget: $34,386,272.00

o New Participant:

@ Existing Participant:

Read the EqUitable Sharing Agreement (page 5) and sign the Affidavit (page 6)

Complete the Annual Certification Report, read the EqUitable Sharing Agreement (page 5). and sign the Affidavit (page 6)

o Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6).

Annual Certification Report Summary of Equitable Sharing Activity Justice Funds 1 Treasury Funds

2

1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior Fy) $1,135,508.00 $25,219.00

2 Federal Sharing Funds Received $0.00 $0.00

3 I Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table B, page 2) $11,600.00

4 Other Income $19,745.00 $0.00 I Non-Interest Bearing 0

5 Interest Income Accrued $6,127.00 Interest Bearing @ i

6 Total Equitable Sharing Funds (total of lines 1 - 5) $1,172,980.00 I $25,219.00 I , ,

$15,861.00 I 7 Federal Sharing Funds Spent (total of lines a - m below) $0.00 --~-

I --~-~~ , ,

I 8 I Ending Balanc" (difference between line 7 and line 6) I $1,157,119,00 I 525,219.00 [ L ____ ,____________ ________________ ______ -l___ _, __ ~ ___ ~_~I 'Justice Agencies arc: FDI, DEA, ATF, U5PIS, USDA, DCIS, DSS, and fDA.

2 Treasury Agencies are: fRS, ICE, CSP, USSS, and USCG.

PageJof6 April 2010 Verll'),) 1 "

45

of Shared Monies Spent Justice Funds Funds

a T eta! spent on salaries for new, temporary, not-to-€xceed I one year employees Refer to § VHLA,2.a.3 of the Justice Guide $0.00 ,

, b I T ota! spent on overtime $0.00 i c Total spent on informants, "buy money," and rewards $0.00

I d Tota! spent on travel and training $0.00

e I Total spent on communications and computers $0.00

f Tota! spent on weapons and protective gear $577.00

9 Total spent on electronic surveillance equipment $0.00

h Total spent on buildings and improvements $0.00 I i

Total transfers to other state and local law enforcement agencies (complete Table C, page 2)

j Tota! spent on other law enforcement expenses (complete I Table D, page 3) $15,284.00

k Total Expenditures in Support of Community-based ~"'" (complete Table E, page 3) C,

I Tota! Windfall Transfers to Other Government Agencies (complete Table F, page 3)

m Total spent on matching grants (complete Table G, page 3)

Total $15,861.00 $0.00

Did you receive non-cash assets? @ Yes 0 No If yes, complete Table H, page 3

Please fill out the following tables, if applicable.

Table A: Members of Task Force Agency Name

Table B: Equitable Sharing Funds Received from other Agencies Total the amount transferred to each agency on separate lines

Transferring Agency Name, City, and State

Agency Name: /City of Coppell ==~~~~~~~

I NCIC/ORlfTracking Number; I T I X IE I Q 1 0 I 0 I 1 I 7 I 3 I

Table C: Equitable Sharing Funds Transferred to Other Agencies Total the amount transferred to each agency on separate lines

NCIC/ORI/Tracking Number

Justice Funds Treasury Funds

~I Ii ~ $11,600.00 Iii III

II .

Receiving Agency Name, City, and State Justice funds Treasury Funds

! Agency Name I __ ~~ __ ~Ii iii II I NCIC/ORlfTrdcking Numbe, U~ ~UI; 1 ~ 1_: il_ ~~ _~ It L ~~_ ~ __ ~ ___ ~~~_ _ ~~~~ _~ ~_ ~ ~ ____ ~ ~=.~dJ

Page 2:)f 6 ,1\pril20l0

Table D: Other law Enforcement Expenses

Description of Expense

vehicles

l theft brochures

Table E: Expenditures in Support of Community-based Programs Refer to § VIII.A.1.m and Appendix C of the Justice Guide

Ta~le f: Windfall Transfers to Other Government Agendes

4b

Refer to § VIII.A. 1.n of the Justice Guide and pp. 25-26 of the Treasury Guide Recipient

Table G: Matching Grants Refer to § VIII.A, 1 ,h of the Justice Guide and p. 22 of the Treasury Guide

Matching Grant Name

1

I I I


$118.0~1 I $12,942.00 II I $1,454.00 II II

$770.00 I II

Justice Funds


II


~I III II Table H: Other Non-Cash Assets Received

Description of Asset:

11201)2 Cadillac' FEs'ca"I'a· de EXT

112[)05: ,r.eep Grand Cherokee

i 2007 Hummer H3

Table I: Civil Rights Cases

Name of Case

I' ,/

l

.

Type of Discrimination Alleged

' i" ngm )1 10 Race 10 Color 0 Noational 10 Gend~rl

Page 3 Df 6

..

47

Paperwork Reduction Act Notice

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete, The estimated average time to complete this form is 30 minutes, If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Management and Strategic Planning Unit, 1400 New York Avenue, N,W" Second Floor, Washington, DC 20005,

Page 4 of 6 ;\priI2010

Equitable Sharing Agreement

This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission, This Document must be submitted to [email protected] 60 days of the end afthe Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6) submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include City manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor,

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury GUide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, thatthe receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account.

The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years.

The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property,

6. Audit Report. Audits V'Ji!! be conducted as provided by the Single Audit Act Amendments of 1996 and OlV1B Circular A-133. The Departrnent of Justice Clnd Department of the Tr;-:asury reserve the right to conduct pc:riociic random audits.

49

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s.c. § 2000d et seq,), Title IX of the Education Amendments of 1972 (20 U,S,c' § 1681 et seq,), Section 504 of the Rehabilitation Act of 1973 (29 U's,C § 794), and the Age Discrimination Act of 1975 (42 U,S,C, § 6101 elseq,), which prohibit discrimination on the basis of race, COIOf, nationai origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with aU federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civii rights and other applicable statutes and regulations,

f During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation ofany ofthe federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against anyperson or group in violation of any of the federal civil rights statutes listed above? 0 Yes ® No

if you answered yes to the above question, complete Table I

Agency Head See '\I 2 on page

Signature:

Name: Honorable Craig Watkins

Title: District Attorney

Date:

Governing Body Head See '\I 2 on page

Signature:

Name: Honorable Jim Foster

Title: County Judge

Date: 11/16/2010

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that ~~~~=~~=~~~~=~=~~==~~ gives you important, substantive, information regarding Equitable Sharing policies, practices, and procedures.

Final Instructions: Step 1: Click to save for your records Step 2: Click to save in XML format

Step 3: E-mail the XML file to aca,submit@usdoj,gov Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344

FOR AGENCY USE ONLY Entered by _____ _

III "111111"" 1111111111111111111111111111 Entered on ____ _

o cy End: 09/30/2010 Date Printed: November 09, 2010 10:51

i ,.) \J(IC: TX05701 SA Agency: Dallas County District Attorney Phone: 214-653-3/85

')tate: TX Contact: Paul lngrarn E-ma:J: PMlngram@da!lascQunty.org

5u


Certification

Expires 7-31-2011

o Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2) o ProseClltor's Office ® Other (specify) _C_o_ns_t_ab_l_e _______ __

Agency Name: Danas Constable Precinct 4

NCICIORi/Tracking Number: I T I X I 0 I 5\ 7 I 4 I 1 I 0 I 0 I Street Address: 630 W. Main St.

~~~~~------------------------------City: Grand Prairie State: TX Zip: 75050

---------Contact: Title: Ms. First: Toni Last: Cummings

~~----- ~~~~--------


o Same as Preparer: First: Hecto,-r __________ Last: Lopez

Contact Preparer: Phone: 214-653-7134 E-mail: [email protected]

last Fiscal Year End: 09/3012010 Agency Current Fiscal Year Budget: $2,154,656.00

Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6) o New Participant:

@ EXisting Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6)


Annual Certification Report Summary of Equitable Sharing Activity Justice Funds 1 Treasury Funds 2

1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) $62,198.00

2 Federal Sharing Funds Received $11,588.00 $10,503.00

3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table B, page 2) $2,211.00

4 I Other Income I I

I S Interest Income Accrued Non-Interest Bearing ® I Interest Bearing 0

-1 I 6 $75,997,00 $10,503.00 I I Total Equitable Sharing Funds (total of lines 1 - 5)

I 7 I , Federal Sharin Funds Sent total of lines a - m below ~ I ' 9_, .-p----.. ~... I $l,OOOOO+~ ____ $O~I ! 8 ,Endmg Balance (d!fference between line 7 ar d line 6) ) $7 ~t, 997 00 I ~ 1 0,'- 0 -; 00 I '---.L _____ ~ __ ________ ,,___ _ _ __ ~ _____ ~ _____ l ~_ _ __ ~

Justice Agencies are: FB,\ OEA, f\TF, lhl-'iS, U'::,~)j\ DCIS, DSS, and FDIJ...

! Treasury AgenCies are: ns, ICE, [8,'-', ~,; )55, ,],'ici uSCG.

Page 1 of 6

51

<, of Shared Monies Spent Justice Funds or.asu,y Fund,

a Tota!spent on salaries for new, temporary, not-to-exceed

i one year employees Reier to § VIILA.2.a.3 of the Justice Guide

b Total spent on overtime

c Total spent on informants, "buy money," and rewards

d T ota! spent on travel and training

e Total spent on communications and computers

I T ota! spent on weapons and protective gear

9 T ota! spent on electronic surveillance eqUipment

h T ota! spent on buildings and improvements

i Total transfers to other state and local law enforcement agencies (complete Table C, page 2)

j Total spent on other law enforcement expenses (complete Table D, page 3) $1,000.00

k Total Expenditures in Support of Community~based -(complete Table E, page 3)

Total Windfall Transfers to Other Government Agencies I (complete Table F, page 3)


Total $1,000.00 $0.00

Did you receive non-cash assets? 0 Yes @ No If yes, complete Table H, page 3

Please fill out the folloWing tables, If applicable,

Table A: Members of Task force Agency Name NCIC/ORlffr.cking Number

Table B: Equitable Sharing funds Received from other Agencies Total the amount transferred to each agency on separate lines

Transferring Agency Name, City and State ,

Agency Name: ICity of Coppell

NCICIORlfTracking Number: ITIXIEIQIOIOlll 7



I 3 I I~ $2,211.00 L~ Receiving Agency Name, City, and State Justice Funds Treasury Funds

1

1

1

,--' A=ge=nc:::YN"-"am'-'-e"'cL~_~_~_~_=_~,~_ ~--r~-~T~--~,=--=r=-I=====-=-~:=-· =liTiJII~~~~llliIL.·_ 1 __ .cc ... II, .•. II·I.

,NClClOR!(Tracking Nurnber: L __ L ___ L_l __ i __ 1 Il_ L_ _. ___ .='='= __ .=

Page2of6 April )01 (1

Table 0: Other Law Enforcement Expenses


uniforms

books

Table E: Expenditures in Support of Community-based Programs Referto § VIII.A,l,m and Appendix C of the Justice Guide

Table F: Windfall Transfers to Other Government Agencies Refer to § VIliAl ,n of the Justice Guide and pp, 25-26 of the Treasury Guide

Recipient

Table G: Matching Grants Refer to § VIII.A.l.h of the JUstice Guide and p. 22 of the Treasury Guide

Matching Grant Name

Table H: Other Non-Cash Assets Received

Description of Asset


I I


$840,00 II 11

$160,00 II ~I Justice Funds


II


II

Name of Case Type of Discrimination Alleged

II

o Race o Color o National 10 G d Origin en er

o Disability o Age o Other

Page30f6 ,!'\pri! 201 0

53


Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor, Washington, DC 20005.

Page 4 of 6 April 2010 Verll<yl ; ,0

04


This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its Signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission, This Document must be submitted to [email protected] 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6) submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2. Signatories, This agreement must be signed by the head afthe Agency and the head olthe governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, ' commissioner, and governor.

3. Uses, Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice orthe Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file.

S.lnternal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account

The Agency agrees that such accounting wil(be subject to the standard accounting reqUirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the reqUirement in the Justice Guide to maintain relevant documents and records for five years.

The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipientagency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.

6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMS Circular A-133. The Department of Justice and Department of the Treasuty reserve the right to conduct periodiC random audits.

Page50f6 f\prij 2010

5

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the JU5tice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The underSigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 V.S.c. § 2000d et seq.), Title IX olthe Education Amendments of 1972 (20 U.s.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.s.c. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

During the past fiscal year: (1 J has any court or administrative agency issued any finding, judgment. or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; Q! (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes ® No

If you answered yes to the above question, complete Table I

Agency Head See '\ll on page

Signature: ---------------------Name: Honorable R.L. Skinner

Title: Dallas County Constable

Date:

Governing Body Head See 11 2 on page

Signature:

Name: Honorable lim Foster

Title: County fudge

Date: 11/16/2010

Subscribe to EqUitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that F~~~~~~~~~~=~~====~=9 gives you important, substantive, information regarding

Equitable Sharing poliCies, practices. and procedures.

Final Instructions: Step 1: Click to save for your records Step 2: Click to save in XML format I

Step 3: E-mail the XML file to [email protected] Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344

FOR AGENCY USE ONLY Entered by ____ __

1111 111111111 1111111111111111111111111111 mil Entered on ____ _

1 0 fY End: 09/30/2010 Date Printed: Novernber 08,201011:19

! '" ~IC1C: TX0574100 Agency: Dallas County Constable Precinct 4 Phone: 972~262~ 3059 :0 I State: TX Contact: Toni Cummings L~~ .. _. ____ ~ __ .~~ ___ ~_~ __ ~_~

E-mail: toni.cumrn ing s@da!!ascounty.org

Page 6 of 6 Apri12010

56


Certification

Expires 7-31-2011

o Police Department ® Sheriffs Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office 0 Other (specify) ____________ _

Agency Name: Dallas Sheriff

NClC/ORIITracking Number: I T I X I 0 I 5 I 7 I 0 I 0 I 0 I 0 I Street Address: 133 N. Riverfront Blvd.

City: Dallas State: TX Zip: :-75=-:2=-:0::.7 ___ _

Contact: Title: Mr. First: Darryl Last: Thomas ~--------- ----------


o Same as Preparer: First: ::.H::..e_c __ to'-r __________ Last: Lopez

Contact Preparer: Phone: 214-653'7920 E-mail: [email protected]

!

Last Fiscal Year End: 09130/2010 Agency Current Fiscal Year Budget: $141,097,486.00

o New Participant: Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)

@ Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6)


Annual Certification Report Summary of Equitable Sharing Activity Justice Funds 1 Treasury Funds 2

1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) $983,101.00 $237,511.00

2 Federal Sharing Funds Received $61,963.00 $322,859.00

3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table S, page 2) $18,296.00

4 I Other Income $6,832.00

5 Interest Income Accrued Non~Jnterest Bearing 0

$7,325.00 Interest Bearing @ - ~~

161 Total Equitable Sharing Funds (total of lines 1 - 5) $1,077,517.00 $560,370.00 ,

, 7 Federal Sharing Funds Spent (total of Hnes a ~ m below) $516,189.00 $000 I , ,

8 Ending Balance (difference between line 7 and line 6) $561 328.00 £560.37000

Justice Ag~ncies are: FBI, DE!" ATF, USPIS, USDA, DCiS, OSS, and FDA.

J Treasury Agencie'> are: IRS, ICE, CSP, USS), and USCG

Page 1 of6 f\pri! 201 {)

57

of Shared Monies Spent Justice Funds " Funds I Total spent on salaries for new, temporary, nOHo-exceed

a one year employees Refer to § VIII,A.2.a.3 of the Justice Guide $0.00

b I Total spent on overtime $0.00

c Tota! spent on Informants, "buy money," and rewards $4,500.00

d Total spent on travel and training , $13,539.00 , e I Tota! spent on communications and computers $134,920.00

f Total spent on weapons and protective gear $53,596.00

9 Total spent on electronic surveillance equipment $8,330.00 I

h Tota! spent on buildings and improvements $13,646.00

i T ota! transfers to other state and loca! law enforcement agencies (complete Table C, page 2)

j T ota! spent on other law enforcement expenses (complete Table D, page 3) $287,658.00

k T ota! Expenditures in Support of Community-based E~"1F'~,'f;'; .. (complete Table E, page 3) Eic;·.., .. ·.· ...

I T~I vvinUiall Transfers to Other Government Agencies I \' Table F, page 3)

m Tota! spent on matching grants (complete Table G, page 3)

Total $516,189.00 $0.00

Did you receive non-cash assets? 0 Yes ® No If yes, complete Table H, page 3


Table A: Members of Task force AgencjName

Table B: Equitable Sharing Funds Received from other Agencies Total the amount transferred to each agency on separate lines

Transferring Agency Name, City, and State

Agency Name: ICity of Coppell

NCiC/ORllTracking Numbe" [TIX I E I Q I 0 I 0 I Table C: Equitable Sharing Funds Transferred to Other Agencies

Total the amount transferred to each agency on separate lines

NCiC/ORllTracking Number

I~ I I I I I I I I II


$18,296.00 II .. 11 ~ .. ~~ I

Receiving Agency Name, City, and State Justice Funds Treasury Funds

Page 2 of 6 £l,pr i! 2010 'icri;on 1 8

Table D: Other Law Enforcement Expenses

Descriotion of Expense

e

re

'P 50

equipment

Table E: Expenditures in Support of Community-based Programs Refer to § VillA 1.m and Appendix C of the Justice Guide

Table F: Windfall Transfers to Other Government Agencies

58

Refer to § VIIIA1.n of the justice Guide and pp. 25-26 of the Treasury Guide Recipient

! Table G: Matching Grants

Refer to § VillA 1.h of the Justice Guide and p. 22 of the Treasury Guide Matching Grant Name




Name of Case r--- o Race


I $229,175.00 I

I $2,878.00 ) I ~ I $19,517.00 II I I $11,639.00 II )!

I $24,449.00 I

Justice funds

Justice Funds Treasury funds

~I III II


II


o Color ' Origin en er o National 10 G d

II I 0 Disability i 0 Age o Other l

Page 3 oi6 Aprii)J10

59



Page '1 of 6 April 201 0

00


This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest eamed thereon, which are equitably shared with participating law enforcement agencies, By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program, Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds,

1, Submission, This Document must be submitted to aca.submit@usdoj,gov within 60 days of the end of the Agency's fiscal year, This Document must be submitted electronically with the Affidavit/Signature page (page 6)

submitted by fax, This will constitute submission to the Department of Justice and the Department olTreasury,

2, Signatories. This agreement must be signed by the head of the Agency and the head of the governing body, Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general, The governing body's head is the person who allocates funds or approves the budget for the Agency, Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor.

3, Uses, Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide),

4, Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file,

5, Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, Funds from state and local forfeitures and other sources must not be commingled with federal eqUitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds, Interest income generated must be accounted for in the appropriate federal forfeiture fund account,

The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years,

The misuse or misapplication of shared reSOurces or the supplantation of existing resources with shared assets is prohibited, Failure to comply with any provision of this agreement shallsubjectthe reCipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property,

6. Audit Report, Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMS Circulal' A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic randor:1 audits.

61

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Docum.ent is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rig hts Act of 1964 (42 U.S.c. § 2000d ef seq.), Title IX of the Education Amendments of 1972 (20 U.s.c. § 1681 ef seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.s.c. § 794)' and the Age Discrimination Act of 1975 (42 USc. § 6101 ef seq.), which prohibit discrimination on the baSis of race, CO!Of, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in anyfedera!!y assisted education program or activity. The Agency agrees that it wi!! comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other app!icable statutes and regulations.

During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes @ No


Agency Head See 11 2 on page

Signature:

Name: Honorable Lupe Valdez

Title: Dallas County Sheriff

Date:

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that gives you important, substantive, information regarding

EqUitable Sharing policies, practices, and procedures.

Final Instructions: Step 1: Click to save for your records Step 2: Click to save in XML format

Governing Body Head See'\l 2 on page

Signature:

Name:

Title:

Date:

Honorable Jim Foster

County Judge

11116/2010


~ FOR AGENCY USE ONLY Entered by ____ _

I "" "" """""""" /I" 1111 1111111111111 o FY End: 09/3012010 Date Printed: November 09. 201007:44

Entered on __ ~ __

'" NCIC: TX0570000 Agency: Dallas County Sheriff Phone 214-653-2765

State: TX Contact: Darry! Thomas [-moi I: d arryl.tho mas@dzl!I;:15county,org

t~pril20 0

62


Certification

Expires 7-31-2011

o Police Department 0 Sheriff's Office 0 Task Force (Complete Table A, pagel) o Prosecutor's Office ® Other (specify) _C_o_ns_t_ab_l_e ________ _

Agency Name: Dallas Constable Precinct 2

NCICIORIITracking Number: I T I X I 0 I 5 I 7 I 3 I 9 I 0 I 0 I Street Address: 140 N. Garland Ave

City: Garland State:TX Zlp:::..7::..50::..4:.::0 ___ _

Contact: Title: _Se_r-"g,-e_an_t ____ First: Don Last: _K_u_h_n _________ _


o Same as Preparer: First: "H"e_c_to'_r __________ Last: Lopez






Annual Certification Report Summary of Equitable Sharing Activity

1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FYI

2 Federal Sharing Funds Received

3 Federal Sharing Funds Received from Other Law Enforcement Agendes and Task Forces (complete Table B, page 2)

4 I Other Income

Non~lnterest Bearing @ 5 I Interest Income Accrued

Interest Bearing 0 . , I 6 I Total Equitable Sharing Funds (total of lines 1 - 5)

I 7 I Federal Sharing Funds Spent (total of lines a - m below)

I 8 I Emjing Balance (difference between line! 2nd line 6) , -~" - -

Justice Funds 1

$60,844.00

$15,519.00

$76,363.00

$10,283.00 --------

I S66.0S0.0" -----~~---

ju~t (e ,\gencies are-, FBI, DEA, ATF, U5P1S, USDA, DCi::', JSS, and FDA,

Pdge 1 of 6

I , I

Treasury Funds2

$0.00

$0.00 I I

$0.00 I

April2010

63

of Shared Monies Spent Justice Funds Ii Funds , Tota! spent on salaries for new, temporary, not-to-exceed

, a

one year employees Refer to § Vm.A2.a.3 of the Justice Guide


c Total spent on informants, "buy money," and rewards I

d Tota! spent on travel and training

e Tota! spent on communications and computers I

I f Tota! spent on weapons and protective gear , I I

9 Tota! spent on electronic surveillance equipment !

h T ota! spent on buildings and improvements I

, Total transfers to other state and local law enforcement agenc'es (complete Table C, page 2)

j ~spent on other law enforcement expenses (complete Table D, page 3) $10,283.00

k Total Expenditures in Support of Community-based (complete Table E, page 3)

I Total Windfall Transfers to Other Government Agencies (complete Table F, page 3)


Total $10,283.00 $0.00




Table B: Equitable Sharing Funds Received from other Agencies T ota] the amount transferred to each agency on separate lines

NCIC/ORIITracking Number

Transferring Agency NameT City, and State Justice Funds Treasury Funds

r Agency Name: LI ----;::::=;:::=;::=:::;:=;::=::;:==;:::=;::=:::;:=-:-----I/c=J/:,,' ,I,ll' I NCICIORllTracking Number: I ~,~~~--~~~~~~~~~~------~========~======~


Receiving Agency Name, City, and State Justice Funds Treasury Funds

! ::~:!:R~!:::,:g-Nur;'be::~L=, ::;:i :=::;1= __ =I;=·1-,,_-r-1 ~~:-c=--J] ______ 'L====J[c----1

!\.ori12010



uniforms

books

Table E: Expenditures in Support of Community-based Programs Refer to § VIiLA.1 ,m and Appendix C of the Justice Guide

Recipient


04

Reier to § VIII.A.l.n olthe Justice Guide and pp. 25-26 olthe Treasury Guide Recipient

Table G: Matching Grants Reier to § VIIIA1.h of the Justice Guide and p. 2201 the Treasury Guide

Matching Grant Name



Table I: Civii Rights Cases


I $8,337.00 II I I $1,946.001,1 I

Justice Funds

Justice funds Treasury Funds

III III II


II

Name of Case Type of Discrimination Alleged

o Race o Color o National In G d Origin !.......-l en er


Page30f6

65



Page4or6 i\pr:! 2Di 0

60


This federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following reqUirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission. This Document must be submitted to [email protected] within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6) submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor.

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file.

5.lntemal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account.

The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for ather public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years.

The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition afthe Justice or Treasury Guides. depending on the source of the funds/property.

6< Audit Report. /\udits vvill be conducted as provided by :he Single Audit r\ct Amendments '1f 1 (jl.jr) and OMS Circular ~\~ 133 rho Department of Justice and Department of the Treasury reserve the right to conr-iuct periodic random dud its

67

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the Information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice andlor Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s.c. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.s.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.s.c. § 6101 e1 seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federa!ly assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federa! investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations,

During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes ® No


Agency Head See'll 2 on page

Signature:

Name: Honorable Michael Gothard


Date:

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Equitable Sharing policies, practices, and procedures.

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Governing Body Head See 11 2 on page

Signature:


Title: County Judge

Date: 11/16/2010

Step 3: E-mail the XMl file to aca,[email protected] Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344

I FOR AGENCY USE ONLY Entered by ____ _

I Entered on ----

: n FY End: 09130/2010

i ~.; NClC: rXJ57Y)OO

tJtHl1Ull!IJJtlllllllll ,,/I II 1111111 ~lIllllfl i ;\gency: Dallas County Constable Precinct 2 Phone: 972-643-4766 :

State: T\ CO'ltact: Don Kuhn E-mail: dkuhn ;;'dalltlscounty.oq

Fage6of6 Ami/201D

68


Certification

OMS Number 1123-0011 Expires 7-31-2011

o Police Department 0 Sheriff's Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office ® Other (specify) _C_o_ns_t_ab_l_e ________ _

Agency Name: Dallas County Constable Precinct i

NCiC/ORI/Tracking Number: I T I X I 0 I 5 I 7 I 4 I 2 I 0 I 0 I Street Address: 720 1 S. Polk -------------------------------City: Dallas State: ::..T::X _____ Zip: c-7'-.:52::3-=-2 ___ _

Contact: Title: Sergeant First: Frank -"-----

Last: Bromley


o Same as Pre parer: First: _H_e_c_to_r __________ Last: Lopez


I





Annual Certification Report Summary of Equitable Sharing Activity Justice Funds' Treasury funds'

Beginning Equitable Sharing Fund Balance (must match I

1 Ending Equitable Sharing Fund Balance from prior FY) $14,343.00 I

2 Federal Sharing Funds Received I I

3 Federal Sharing Funds Received from Other Law Enforcement I Agencies and Task Forces (complete Table 8, page 2) , I

I 4 Other Income !

I -----J 5 Interest Income Accrued

Non-Interest Bearing ® I ! Interest Bearing 0 I I I

6 Total Equitable Sharing Funds (total of lines 1 - 5) 1 $14,343.00 $0.00 :

I

7 Federal Sharing Funds Spent (tota! of lines a - m below) I ,

$1,040.00 $0.00 i ~-i------~. -- .. -- +- ---- --:

8 I Ending Baldnce (difference between line 7 and jine 6' ~,~- - . _---- ____ ~m~_~'_ •

------~.---.

Justice- i".fJr?ncie<. Me' FBI, DEA, ATF, USPIS, USlJA, DCiS, DSS, CInd ~!)c\

rreasuf:' f\~:,'n:::lC's ~lr,,: !~:::S, iCE, (GP, USSS, and IJS(C;.

i , S13.303.00 $0.00

-!..- -- _______ ---.J

/\pril2010

69

'" of Shared Monies Spent Justice Funds T' funds , Total spent on salaries for new, temporary, not-to-exceed

a one year employees Refer to § V!!I.A.2.a.3 of the Justice Guide


I c Tota! spent on informants, "buy money,n and rewards

d Total spent on travel and training I e Total spent on communications and computers I f Total spent on weapons and protective gear $732.00

, I I

9 Tota! spent on electronic surveiHance equipment

h T otalspent on buHdings and improvements

i Total transfers to other state and !ocal law enforcement agencies (complete Table C. page 2)

j T ota! spent on other law enforcement expenses (complete

I Table D, page 3) $308.00

k Total Expenditures in Support of Community-based Programs -(complete Table E, page 3)

T ota! Windfall Transfers to Other Government Agencies I (complete Table F, page 3)


Total $1,040.00 $0.00

Did you receive non-cash assets? 0 Yes ® No If yes. complete Table H, page 3

Please fm out the following tables, if applicable.


Table B: Equitable Sharing Funds Received from other Agencies Tota! the amount transferred to each agency on separate lines

Transferring Agency Name City and State , , Agency Name: I NCICIORlfTracking Number: I I I I I I I I

Table C: Equitable Sharing Funds Transferred to Other AgenCies Total the amount transferred to each agency on separate lines

NCIC/ORIITracking Number


I I CJ CJ Receiving Agency Name, City. and State Justice Funds Treasury Funds

E~nc~ N:~e C=-o-.--;==;=:;==;:=;=::;::=;='~-'··:~::~~-=-=;:-~~ ··..._J!I .11'~11 I f\" .lIORI! "dc\cng Numb,--r. II I L__ __ ~: .'=:'='=:"_ :"::::=,=:"::.=,=::,-~._L .. =, ._=~~,,~ ... ~~ ..... ____ ':

;\pri! 201 (!

Table 0: Other law Enforcement: Expenses


i uniforms

Table E: Expenditures in Support of Community-based Programs Referto § VIII.A.1.m and Appendix C of the Justice GUide


(U

Refer to § VIII.A, 1.n of the Justice Guide and pp, 25-26 of the Treasury Guide Recipient

Table G: Matching Grants Refer to § VillA 1 ,h of the Justice Guide and p, 22 of the Treasury Guide

Matching Grant Name




Name of Case

o Race

Justice Funds Treasury funds

III $30800 III ]

Justice funds



II


o Color o National 10 G d Origin e~ er



Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete, The estimated average time to complete this form is 30 minutes, If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor, Washinston DC 20005,

Page::i of 5 !\pnI2010

71


This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt althe signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission. This Document must be submitted to [email protected] 60 days of the end of the Agency's fiscal yeaL This Document must be submitted electronically with the Affidavit/Signature page (page 5)

submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city coundl chairperson, county executive, county coundl chairperson, director, secretary, administrator, commissioner, and governor.

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance. with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of . the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account

The Agency agrees that such accounting will be subject to the standard accounting reqUirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years.

The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shal/subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.

6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 one! OMB Circular A-133. The Depc:;rtrncnt of Justice and Department of tiw Treasury reserve the right to (onQuet vi3iodic random audits.

72

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture,

The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.s.c. § 2000d etseq.), Title IX ofthe Education Amendments of 1972 (20 U.S.c. § 1681 et seq.), Section 504 of the Rehabilitation

Act of 1973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.S.c. § 6101 et seq.), which prohibit discrimination on the basis of race, coJor, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulatIons permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

During the past fiscal year: (1 J has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? 0 Yes @ No


Agency Head See 11 2 on page

Signature:

Name: Honorable Derick Evans


Date:

Governing Body Head See '\I 2 on page

Signature:

Name: Honorable

Title: County Judge

Date: 11/16/2010

Foster

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that F~~~~~~~~~~~~~~~~~~~9 gives you important, substantive, information regarding

Equitable Sharing policies, practices, and procedures,

Final Instructions: Step 1: Click to save for your records Step 2: Click to save in XML format I


,I fOR AGENCY USE ONLY Entered by ____ _

I Entered on ____ _

10 FY End: 09/30/2010 111111111 1111 11111 ""1111111111111111111111111 ! 0 NCIC: TX0574200

n

Date Printed: November 08, 2010 11:13

Aqency: Dallas County Constable Precinct 1

1'-' State:TX ContJct" Frank Blom!ey

Page 5 of 5

Phone: 972-227 -60 i 5

JC.,orlI2U10

73


Certification

Expires 7-31-2011

o Police Department 0 Sheriff's Office 0 Task Force (Complete Table A, page::!) o Prosecutor's Office@Other(specify}_C_o_ns_t_ab_l_e ________ _

Agency Name: DaHas Constable Precinct 3

NClC/ORl/Tracking Number: I T I X I 0 I 5 I 7 I 3 I 8 I 0 I 0 I Street Address: 1411 West Beltline Rd.

Cit)/: Richardson State:_TX ___ Zip: 75080

Contact: Title: Chief First: Craig Last: McKnight ~~------ ~~~-----------


o Same as Preparer: First: "'H:.:e"'c.:.:to:.:r __________ Last: Lopez


last Fiscal Year End: 09/30/2010 Agency Current Fiscal Year Budget: $2,506,052.00

o New Participant:

@ Existing Participant:

Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)

Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5), and sign the Affidavit (page 6)


Annual Certification Report Summary of Equitable Sharing Activity

Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY)

2 Federal Sharing Funds Received

3 Federal Sharing Funds Received from Other Law Enforcement I Agencies and Task Forces (comp!ete Table B, page 2) ,

4 Other Income

Non-Interest Bearing @

Justice Funds 1

$50,982.00

$68,327.00

Treasury fundsl

$10,503.00

Interest Income Accrued Interest Bearing 0 ,

------------r----------~,

[ : ::::r:~;~~r~~: 5F::~nsgs::~::t:::~::~;~~loW_) __ ~J----$-:-:-:-::"-:-:-0-°:--11--- $10,5:::: :

, 8 Endiog Balance (diffe;ence between lioe 7 aodline 6 ' 595,4 i ~ $1 O,50H)() I -"- -"----"-~-- "-~-- "-" "----"-~. --- ...•

; JUstiCE' AgenClE's Me: FBI, DlJ-\, f\ iF, USPIS, USDA, DCb, DSS, and i l)h.

, !reasu(j' (\gencies Me: IRS, ICE, (SP, USSS, and USCG

Page' Dr 6 ,f\priI201 !J

4

01 Shared Monies Spent Justice Funds Tr funds

Total spent on salaries for new, temporary, nOHo-exceed , : a ! one year employees Refer to § VIII.A.2.a.3 oftne Justice Guide

b Tota! spent on overtime

c Tota! spent on informants, "buy money," and rewards

d Total spent on travel and training i

e Tota! spent on communications and computers $4,128.00 I

f Tota! spent on weapons and protective gear $14,232.00

g Total spent on electronic surveillance equipment

h Tota! spent on buildings and improvements I

i Total transfers to other state and local law enforcement agencies (complete Table C, page 2)

j Tota! spent on other law enforcement expenses (complete Table D, page 3) $5,535.00

k Total Expenditures in Support of Community-based ,","" " (complete Table E, page 3)

I Total Windfall Transfers to Other Government Agencies (complete Table F, page 3)

m Tota! spent on matching grants (complete Table G, page 3)

Total $23,895.00 $0.00



Tab~e A: Members of Task Force Agency Name

! Table B: Equitable Sharing Funds Received from other Agencies

Total the amounttransferred to each agencyon separate lines

NCICfORllTracking Number

~, I I I I I I I I ]

Transferring Agency Name, City, and State Justice Funds Treasury Funds

Agency Name: ''-----;:::=;=;::=;=:::;==;=:;::::=;=::;:=::;-~-----"JIIIIc=Jljllllc=J NCIC/ORllTracking Number:

I


Receiving Agency Name, City, and State

Agency Name:! ~~~-~

Page 2 of 6 April 2e-1 (>



towing fee

books

"-'r t

Itool kit

field drug testing

scale

Table E: Expenditures in Support of Community-based Programs Refer to § VII/At.m and Appendix C of the Justice Guide

Recipient


7b

Refer to § VIII.A.1 ,n of the Justice Guide and pp. 25-26 of the Treasury Guide Recipient

Table G: Matching Grants Refer to § VIII.A.t.h of the Justice Guide and p. 22 of the Treasury Guide

Matching Grant Name

! Table H: Other Non-Cash Assets Received

of Asset


Name of Case


I $95.00 II , , I

I $3,280.00 II I I $1,664.00 II I I $165.00 II I I $196.00 i I

I

I

I $135.00 I

Justice funds


II


II ~II II


/\pr!i 2010 \}er5fOI1 1 8

76



Page 4 of 6 fir' ,':]lU

77


This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the reqUirements for participation in the federal equitable sharing program and the restrictions upon the use offederally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds.

1. Submission, This Document must be submitted to [email protected] within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6) submitted by lax. This will constitute submission to the Department of Justice and the Department ofTreasury.

2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor.

3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).

4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file.

S.lntemal Controls, The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal eqUitable sharing funds. The Agency shall.establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account.

The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years.

The misuse or misapplication of shared resources orthe supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.

6_ Audit Report. Audits will be cO!Kiuctecl as provided by the Single Audit Act Amer1dments of 1996 and OMS Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodiC fcmdom audits.

PageSof6 ;\priI2010

78

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations tmder the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury GUides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is in comp!lance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI althe Civil Rights Act of 1964 (42 USc. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.s.c. § 1681 et seq.), 5ection 504 of the Rehabilitation Act 011973 (29 U.s.c. § 794), and the Age Discrimination Act of 1975 (42 U.5.c. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with aU federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations,

During the past fiscal year: (1) has any court or administrative agency issued any finding, jUdgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement lII(ith respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any ofthe federal civil rights statutes listed above? 0 Yes @ No


Agency Head See ~ 2 on page

Signature:

Name: Honorable Benjamin Adamcik


Date:

Governing Body Head See ~ 2 On page

Signature:


Title: County Judge

Date: !lil 6/20 lO

Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that F====================oj gives you important, substantive, information regarding

Equitable Sharing policies, practices, and procedures.

Final instructions: Step 1: Click to save for your records Step 2: Click to save in XMl format

Step 3: E-mail the XMl file to aca.submit@usdoj,gov Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344

FOR AGENCY USE ONLY Entered by ____ _

I II I 11111 lin 1111111111111111111111111111111111 Entered on ____ _

o FY End: 09/30/2010 Date Printed: November 08, 201011 :18

C~ NCIC: TX0573800 Agency: Dallas County Constable Precinct 3 Phone: 972-690-8692 C)

State: T.X Contact: Craig McKnight E~mail: c(iag .mcknigh [email protected]

i\·lqC' 6 of 6 /\prl! 201 ()

79

COURT ORDER

ORDERNO:~ ____________ _

DATE: ________ _

STATE OF TEXAS

COUNTY OF DALLAS

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

the __ day _______ ,2010 on motion made by _______________ , and

seconded by ______________________ , the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on November 16, 2010; and

WHEREAS, the Federal Equitable Sharing Agreement requires the head of the law enforcement agency and a designated official of the governing body to sign the Annual Certification Report certifying that the accounting of funds received and spent by the law enforcement agency is accurate and in compliance with the guidelines and statutes that govern the equitable sharing program; and

WHEREAS, an audit has been completed by the County Auditor on a form provided by the U.S. Department of Justice! ACA Program and presented to Commissioners Court for certification; and

WHEREAS, this court order is consistent with Strategic Plan Vision 3; and

WHEREAS, Commissioners Court accepts and certifies the audit findings ofthe County Auditor.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the audit reports be certified as final with notice delivered to the U.S. Department of Justice and authorizing the County Judge to sign all related documents.

DONE IN OPEN COURT this the, ___ day ____________ ,2010,

Jim Foster, County Judge

Maurine Dickey, Comm. District # 1 John Wiley Price, Comm. District #3

Mike Cantrdl. LOlllt11, District #2 Kenneth :\. {\iayfle!d, Curnm. District #4


80

November 10,2010

Memorandum

To:

From:

Subject:

Darryl Martin Commissioners Court Administrator

Virginia A. Porter d~ County Auditor -d --- - - ---~

Rationale for Same Date Briefing and Court Order

._ DALLAS COUNTY !:OM~"":SIONEilS COURT

Due to stringent reporting requirements ofV.T.CA., Code of Criminal Procedure, Paragraph 59.06 (g) which requires certified reports to be filed within 60 days after the fiscal year end, it is recommended that the court approve accepting the audit reports and certifying the court order with an effective date of November 16, 2010. Therefore, we are requesting that both the briefing and court order be allowed during the same court session.

attachments

D~llas, ~~xa3 75202


November 10, 2010

Memorandum

To: Darryl Martin Commissioners Court Administrator

8 1

From: Virginia A. Porter )...I-'j'~ County Auditor U ~

Subject: Chapter 59 Filing

FY2010 audits were performed according to state requirements as contained in V.T.C.A., Code of Criminal Procedure, Article 59.06 (g). The certified reports are to be delivered to the Criminal Prosecutions Division of the Office of the Attorney General no later than 60 days after the end of the fiscal year. According to statute, this audit shall be completed annually by the Commissioners Court on a form provided by the Office of the Attorney General. The Chapter 59 audits include a review of the proceeds and property from criminal seizures or forfeitures by Dallas County's law enforcement agencies filed by the Dallas County District Attorney's Office.

This briefing is consistent with Dallas County's Strategic Plan Vision 3. Local and state law enforcement officials coordinated to reduce crime resulting in a share of forfeited assets to be used for future law enforcement purposes.

We ask Commissioners Court to certify the attached documents.

Forfeiture and seizure records included in the audit were for:

9 I 042 - Sheriff Department 91043 - Constable Precinct No. I 91045 - Sheriff Department/Operation Service Bureau 91047 - Constable Precinct No.3 91049 - Constable Precinct No.2 91052 - Constable Precinct No.4 91053 Constable Precinct No.5 94072 .. Clean Air Task Force

attaclll1lCnts

Su-=-!~C 4-' '7

)02

8L

COURT ORDER

ORDERNO: ____________ __

DATE: ________________ ___

STATE OF TEXAS

COUNTY OF DALLAS

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

the __ day of ______ , 2010 on motion made by ______________ , and

seconded by , the following order was adopted:

WHEREAS, this matter was briefed to the Dallas County Commissioners Court on November 16, 2010; and Y.T.C.A., Code of Criminal Procedure, Paragraph 59.06(g), as amended, requires the Commissioners Court of each county to perform annual audits on proceeds and property seized under this chapter; and

WHEREAS, an audit of the Sheriff, Clean Air Task Force, and Constable Chapter 59 forfeiture funds has been completed by the County Auditor on a form provided by the Attorney General and presented to Commissioners Court for certification; and

WHEREAS, this court order is consistent with Strategic Plan Vision 3; and

WHEREAS, Commissioners Court accepts and certifies the audit findings of the County Auditor.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the audit reports be certified as final with notice delivered to the Office of the Attorney General.

DONE IN OPEN COURT this thc ___ day _______________ ,2010.

Jim Foster, County Judge

Maurine Dickey Comm. District # 1 --~-----~--------John Wiley Price, Comm. District #3

Mike Cantrell, Comm. District #2 Kenueth A. Mayfield, Comm. District #4

Recommended for Approval by:

Agency Name:

Agency Mailing Address:

Phone Number:

County:

Email Address:

83

FY 2010 CHAPTER 59 ASSET FORFEITURE REPORT

BY LA W ENFORCEMENT AGENCY

Dallas County Sheriff

133 N. Riverfront Blvd.

Dallas, TX 75207

214-653-34.50

Dallas

Reporting Period: (local fIScal year)

example:

This should be a permanent agency

Darryl. [email protected] email address

NOTE: PLEASE ROUND ALL DOLLAR FIGIJRES TO NEAREST WHOLE DOLLAR.

L SE1ZED FUNDS

A) BeginningBalance ..

10/1/09 9/30/10 O!/01/iO to 12/31/]0, 09/01/09 to 08J3l!rD etc,

Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. fDelude funds that may have been forfeited but have not been transferred to your agency's forfeiture account Do not include funds that are in an account held by another agency, e.g., the District Attorney's account. $ 46 I 820

-'----'-----

II.

B) Seizures During Reporting Period:

C)

D)

Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

J) Amount seized and retained in your agency's custody ..

2) Amount seized and transferred to the District Attorney pending forfeiture,,,.

Amount Returned to DefendantslRespondents (If seized funds are returned to DefendantslRespondents please complete Schedule A for each case in which this,appiies.

$ 4,054

$ o

Make copies of the schedule and add additional sheets as necessary).. $ 15 1 849 * -'-----'..;-'----

Ending Balance. instructions: Add lines A and B(j), subtract line C, put total in line D, ....::$:...-___ ~3:..::5~,:..::0~2:..::5 ___ _

FORFEITED FUNDS

A) Beginning Balance .. Instructions: Include total amount of forfeited funds .that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. .s 68 I 682

-'--------B) Amount Forfeited to and Received by Reporting Agency (lncluding Interest) During

Reporting Penod .. Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of for-fclure $ 24,389

--------

*$7,755 rl~t transfe~red/forfeited to law enforce~~nc agency

84

C) !nterestEamedon Fmfeited Funds During Reporting Period ,. Instructions: Enter amount of interest earned on funds in your agency's forfeiture account during ire reporting period. Do not include interest earned if funds are on deposit in an 651 account that does not belong to your agency, e,g. the District Attorney's account. --'1 ___________ _

D} Proceeds Received by Your Agency From Sale of Forfeited Property Instructions: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period. !fproperty is returned to Defendants/Respondents please complete Schedule A for each case in which this applies Make copies of the schedule and add additional sheets as necessary ~$ _____ 2_,_9_1_0 __ _

E) Tota! ExpendituresofForfeited Funds During Reporting Period Instructions: From Tota! on Section V!. $ 12, 394 ----'-----

F) Ending Balance", Instructions: Add lines A through D, subtract line E, place total in line F. --'$'-___ ~8:..::4~,c..:2~3:.....8 __ _

OTHER PROPERTY

Instructions: List the number of items seized for the following categories Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received. If property is returned to DefendantsfRespondents please complete Schedule A ror each case in which this applies. Make copies of tile schedule and add additional sheets as necessary.

Please note * this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS I forfeited and 0 cars put into use. RESPONDENTS

1) MOTOR VEHICLES (Include cars, motorcycles, 3 1 0 tractortrailers, etc.)

2) REAL PROPERTY (Count each parcel seized as 0 0 0

one item)

3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 0 0 one item)

4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons

0 disposed under Chapter 18.) 0 0

5) Other Property * Description' 0 0 0

Other Property -Description 0 0 0

Other Property -Description: 0 0 0

PUT INTO USE BY AGENCY

0

0

0

0

0

0

0

Pog~ ,

IV.

v.

VI.

A)

B)

C)

D)

E)

A)

B)

C)

0)

E)

A)

B)

C)

CYI"ci_lleiiji!,1/ili

2.

3

2

}

85

FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY

Instructions: Enter the total number of items transferred to your agency where the fotfeiture judgment awarded ownership of the property to another agency prior to the transfer.

Motor Vehicles (the number of vehicles, no! a currency amount)..

Real Property {the number of separate parcels of property, not a currency amount) ..

Computers (the number of computers, not a currency amount).

firearms (the number of fireanns, not a currency amount)

Other (the number of items, not a currency amount) .

FORFEITED PROPERTY TRANSFERRED TO ANOTHER AGENCY

Instructions: Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer.

Motor Vehicles (the number ofvehic!es, not a currency amount) ..

Real Property (the number of separate parcels of property, not a currency amount)., ..

Computers (the number of computers, not a currency amount),.

Firearms ( the number offireanns, not a currency amount).

Other (the number of items, not a currency amount)

EXPENDITURES

Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the fonowing categories. If proceeds are expended for a category not listed, state the amount and nature of til:: expenditure under the Other category.

Total Salaries Paid oul of Chapter 59 Funds ..

Increase of Salary, Expense, or Allowance for Employees (Salary Supplements) ..

Salary Budgeted Solely From Forfeited Funds.

Number of employees Paid Using Forfeiture Funds

Total Overtime Paid out of Chapter 59 Funds.

For employees BUdgeted by Governing Body.

For Employees Budgeted Solely out of Forfeiture Funds __

Number of employees Paid Using Forfeiture Funds ..

Total Equipment Paid for with Chapter 59 Funds

Vehicies

Computers

FlreanTJs, Vests, Personal EqU!pment

o

o o o o

o o o o o

$ 0

$ 0

$ 0

0

S 0

$ 0

$ 0

0

$ 0

S 0

S 0

S 0

p",~< J

86

4 Furniture. S 0

5 Software._ .. $ 0

6 Maintenance Costs $ 0

Uniforms .. I 0

8. K9 Related Costs o.

$ 0

9. Other (Provide Detail on Additional Sheet) $ 0

D) Tota! Supplies Paid Out of Chapter 59 Funds $ 0

Office Supplies S 0

2. Cellular AirTime. $ 0

3. • Internet . $ 0

4. Other(Provide Detail on Additional Sheet) . $ 0

E) Total Travel Paid Out of Chapter 59 Funds .. $ 0

I. In State Travel

a) Hotel , $ 0

b)AirFare $ 0

c) Meals (including perdiem). $ 0

d) Car Rental ... $ 0

2. QUI of State Travel

a) Hotel . $ 0

b)AirFare .. $ 0

c)Meals(inc!udingperdiem) o.

$ 0

d) Car Rental. $ 0

Fuel $ 0

4 Parking. $ 0

Other(Provide Detail on Additional Sheet) o.

$ 0

F) Total Training Paid Out of Chapter 59 funds, . $ 0

I. Fees (Conferences, Seminars) $ 0

2. Materials (Books, CDs, Videos, etc.) o.

$ 0

3 Other(Provide Detail on Additional Sheet) $ 0

G) Total Investigative Costs Paid Out of Chapter 59 Funds $ 0

!nformantCosts 0

2 Buy Money $ 0

Lab Expenses $ 0

,1 Other(PrOVlde Ddaii 011 ,\ddltional Sh':c:t) $ 0

hlso" 1-""" JJk:'

87

H) Tota! Prevention IT rcatment Programs! Financial Assistance (pursuant 10 Articles 59,06 (h 1, 0 (1),0), (n)) $

I) Total Facility Costs Paid Out of Chapter 59 Funds. $ 0

I. Building PUTchase. $ 0

2, Lease Payments" $ 0

3, Remodeling. $ 0

4 MaintenanceCosts $ 0

5, Utililies $ 0

6 Other (Provide Detail on Additional Sheet) $ 0

J) Tota! Miscellaneous Fees Paid Out of Chapter 59 Funds". S 8,704

I. Court Costs. __ $ 1,204

2, Fi!ingFees .. $ 0

3, Insurance .. $ 0

4, Witness Fees "'"" $ 0

5, AuditCosts and Fees o. $ 0

6 Other(Provide Detail on Additional Sheet) .. $ 7,500

K) Tota! Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ 3,690 sheet(s) and attach to this report) ..

L) TOTAL EXPENDITURES ... $ 12,394

NOTE: BOTH CERTlFICA TlONS NEED TO BE COMPLETED, unless your agency ;s not governed by a Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.

COUNTY JUDGE or MAYOR (Printed Name):

SIGNATURE:

DATE:

CllRTIFICA TION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains al!' of the required information.

SWORN TO AND SUBSCRIBED before me this _,_ day of

Notary Public in and for the Stale of Texas

c,njo\eii}JnJ""

88

CERTIFICA nON

AGENCY HEAD (Printed Name):

SIGNATURE:

DATE:

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and speclfic expenditure ofal! proceeds and property subject to Chapter 59 of the Code of Crimina! Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains aU information required by Article 59.06 of the Code of Criminal Procedure. J further swear or affinn that all expenditures reported herein were lawful and proper, and made in accordance with Texas law,

SWORN TO AND SUBSCRIBED before me this __ day of ____ ,20_~.

Notary Public in and for the State of Texas

RETURN COMPLETED FORM TO: Office of the Attorney Genera! Criminal Prosecutions Division P,O. Box 12548 Ausiin, TX 78711~2548 Attn: Kent Richardson (512)936~1348

FAX (512)494-8283 E-mail: kem.richardson@oag_state.lx.us

Audit completed by Dallas County Auditor ~AU~!'

SCHEDULE A SEIZED FUNDS AND PROPERTY RETURNED

TO DEFENDANTS I RESPONDENTS

CAUSE OR CASE NUMBER:

DATE OF SEIZURE:

PROPERTY SEIZED:

DATE FUNDS OR PROPERTY RETURNED:

AMOUNT RETURNED OR PROPERTY RETURNED:

REASON RETURNED:

03-008115

1/22/2003

$10,183.30

7/7/2009

$6,539.00

per court order




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

09-023737

2/18/2009

$4,625.00

9/21/2009

$625.00

per court order




DATE OF SEIZURE:

PROPERTY SElZED:



REASON RETURNED:

08-093076

7/21/2008

$7,831.00

4/29/2010

$950.00

per court order

90

Attachment J Sheriff

Description Amount !

Grant preparation fee $7,500.00

TOTAL $7,500.00

Attachment K Sheriff

. Description.Paid 10 or Shared wi~h Cooperating Agencies Amount Payment to District Attorney for case 08-08763-H $1,376.20 Payrnent to District Attorney for case 03-01659-8 $978.83 Payrnent to District Attorney for case 09-09740-K $284.60 Payment to District Attorney for case 09-03366-G $1,050.00

TOTAL $3,689.63

Agency Name"


Phone Number:

County:

Email Address:

92

FY 2011) CHAPTER 59 ASSET FORFEITURE REPORT

BY LAW ENFORCEMENT AGENCY

Constable 1

7201 S. Polk

Dallas, TX 75232

972-228-0006

Dallas

[email protected]

Reporting Period" (local fiscal year)

example'

This should be a permanent agency emai! address

NOTE: PLEASE ROUl\'D ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

1 SEIZED FUNDS

A) BeginningBa!ance ... Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Indude funds that may have been forfeited but have not

10/1/09 9/30/10

Ol/GlflO to 12/31/l0, 09101/09 to 08/31/1 0 etc

been transferred to your agency's forfeiture account. Dn not include funds that are in an 0 account held by another agency, e.g., the District Attorney's account. -=$~ __________ _

[1.

8) Seizures During Reporting Period-Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

1) Amount seized and retained in your agency's custody ...

2) Amount seized and transferred to the District Attorney pending forfeiture ..

C) Amount Returned to DefendantslRespondents (If seized funds are returned to OefendantslRespondents please complete Schedule A for each case in which this applies. Make copies afthe ~chedu!e and add additional sheets as necessary) .. ,

D)

A)

Ending Balance. Instructions: Add lines A and B(l), subtract line C, put total in line O.

FORFEITED FUNDS

Beginmng Balance,. Instruc!ions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at

$ 2,969

$ o

o

$ 2,969

beginning of the reporting period including interest Do not include funds that have been 3 60 forfeited but not yet received by your agency _1 ___________ _

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period. Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned pnor to forfelture and distributed as part of the Judgment of forfeiture S -=------

2,969

h'''' vOle OJ/(J

93

C) lnterest Eamedon Forfeited Funds During Reporting Period , .. Instructions: Enter amount of interest earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds are on deposit in an 0 account that does not belong to your agency, e.g. the District Attorr:ey's account. ...:$ ___________ _

D) Proceeds Received by Your Agency From Sale of Forfeited Properly ..

E)

F)

Instructions: Include amounts received for all property sold during the reporting period, even i fthe su bject property was forfeited in a prior reporting period. If property is r<;:turned to Defendants/Respondents please complete Schedule A for each case in which this applies Make copies of the schedule and add additional sheets as necessary.

T ola! Expenditures of Forfeited Funds During Reporting Period Instruction.s: From Tota! on Section V!.

Ending Balance ... Instructions: Add lines A through D, subtract line E, place total in line F.

m. OTHER PROPERTY

Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received. If property is returned to DefendantslRespondents please complete Schedule A for each case in which this applies. Make copies ofthe schedule and add additional sheets as necessary.

$

$

Please note ~ this should be 1'1 number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS I forfeited and 0 cars put into use. RESPONDENTS

I) MOTOR VEHICLES (Include cars, motorcycles, 0 0 0 tractor trailers, etc.)

2} REAL PROPERTY (Count each parcel seized as 0 0 0

one item)

3) COMPUTERS (Include computer and attached system compOnents, such as printers and monitors, as 0 0 0 one item)


0 0 0 disposed under Chapter 18.)

5) Other Property - Description: 0 0 0

Other Property -Description· 0 0 0

Other Property .Description: 0 0 0

o

o

3,329


0

0

0

0

0

0

0

IV.

V.

VI.

A)

B)

C)

D)

E)

A)

B)

C)

D)

E)

A)

B)

C)

F),md"eOV(:J,jll

l.

2.

J.

2

3.

2

J

94

FORFEiTED PROPERTY RECEIVED FROM ANOTHER AGENCY

Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer.

Motor Vehicles{the number ofvehic!es, not II currency amount).

Real Property (the number of separate parcels of property, not a currency amount}. ..

Computers (the number of computers, not a currency amount).

Fireanns (the number of firearms, not a currency amount) .

Other (the number of items; not a currency amount) .......................................... .


Instructions; Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer.

Motor Vehicles (the number of vehicles, not a currency amount) ..

Real Property (the number of separate parcels of property, not a currency amount), ..

Computers (the number of computers, not a currency amount)."

Firearms ( the number of firearms, not a currency amount) .

Other (the number of items, not a currency amount)"

EXPENDITURES

Instructions: This category ;s for Cbapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant toyour general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category.

Tota! Salaries Paid outofChapter 59 Funds ..


Salary Budgeted Solely From Forfeited Funds ..


Total Overti,:,c Paid Qut of Chapter 59 Funds

For employees Budgeted by Governing Body_,

For Employees Budgeted So !ely out of Forfeiture Funds


Total Equipment Paid for with Chapter 59 Fur-ds

Vehicles

Computers

Firearms, Vests, Personal Equipment

o

o o o o

0

0

0

0

0

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

$ 0

I 0

$ 0

$ 0

h1i~

95

4. Furniture $ 0

5 Software .. I 0

6 Maintenance Costs. 0

7 Uniforms. $ 0

g K9 Relmed CoSts. 0

9. Other (Provide Detail on Additional Sheet) .. 0

D) Total Supplies Paid Qu! of Chapter 59 Funds $ 0

Office Supplies,. $ 0

2. Cellular AirTime o. S 0

J Internet.. $ 0

4. Other(Provide Detail on Additional Sheet) .. ' $ 0

E) Total Travel Paid Out of Chapter 59 Funds ...... $ 0

I. ir; State Travel

a)Hote! $ 0

b)AirFare S 0

c) Meals (including per diem) o. $ 0

d) Car Rental. $ 0

2. Out of State Travel

a)HoteL. o- S 0

b)AirFare .. $ 0

c) Meals (including per diem) o. $ 0

d)CarRental." .. $ 0

J. Fuel $ 0

4. Parking. $ 0

5. Other(Provide Detai! on Additional Sheet) .. $ 0

F) Total Training Paid Oul of Chapter 59 Funds .. $ 0

I. Fees (Conferences, Seminars) $ 0

J. Materials(Books, CDs, Videos, etc.) $ 0

Other(Provide Detail on Additional Sheet) $ 0

G) Total !nvestigativeCoSls Paid Out of Chapter 59 Funds $ 0

!nformantCosts $ 0

2 Buy Money $ 0

Lab Expenses $ 0

4 Other (prOVide DeDI! on r\dditionai Sheet) $ 0

bm\ Jaie IIJill,/in p,;,~

96

HI Total Prevention iTreatment Programs! Financial Assistance (pursuant to Art)cles 59 06 (h), 0 01,0), ("I) !

I) TOlal Facility Costs Paid Out of Chapter 59 Funds .. $ 0

Building Purchase .. $ 0

2, Lease Payments o. S 0

J, Remodeling ... o. I 0

4, MaintenanceCosts .. $ 0

5, Utilities .. I 0

6, Other (Provide Detai! on Additional Sheet),. $ 0

J) TOla! Miscellaneous Fees Paid Out of Chapter 59 Funds ... $ 0

l. Court Costs o. $ 0

2, Filing Fees $ 0

J Insurance o. $ 0

4, Witness Fees .... $ 0

5, AUditCostsand Fees ., .. $ 0

6, Other(Provide Detail on Additional Sheet) o. $ 0

K) Total Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ 0 sheet(s) and attach to this report) ...

L) TOTAL EXPENDlT{JRES .... $ 0

NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Court or City CDuncii. Then only the Agency Head Certification needs to be completed.

COUNTY JUDGE or MA YOR (Printed Name):

SIGNATURE:

DATE:

CERTIFICATION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Crimina! Procedure and that upon diligent inspection of all relevant documents and supporting materials, J believe that this asset forfeiture report is true and correct and contains all of the required information.

SWORN TO AND SUBSCRIBED before me this __ day of ______ , 20 __


1-,,.,,, dale "]111,/1(>

9

CERTIFICA nON


SIGNATURE:

DATE:

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subjectto Chapter 59 ofthe Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure, i further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRIBED before me this __ day _____ , 20 __ ,


RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 AUstin, TX 7&711-2548 Attn: Kent Richardson (512)936-134& FAX (512)494-8283 E-mail kenuidmrdsonr.i)oag.stalc.LX.tI5

Audit completed by Dallas County Auditor ~A~

'0"'"' ,hie (;}iU}/iil

1/-£'/0


TO DEFENDANTS! RESPONDENTS


DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURN EO:

SCHEDULEA SEIZED FUNDS AND PROPERTY RETURNED



DA TE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:


ANlOUNT RETURNED OR PROPERTY RETURNED:

REASON RETURNED:

Agency Name:

Agency Mailing Address

Phone Number'

County;

Email Address:

99



Reporting Period Dallas County Sheriff(91045) (local fiscal year)

example: 133 N. Riverfront Blvd.

Dallas, TX 75207

214-653-3450

Dallas

This should be a permanent agency

Darryl. [email protected] email address

NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.

I.

A)

SEIZED FUNDS

8eginningBalance .. Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have no! been transferred to your agency's forfeiture account Do not include funds that are in an

10/1/09 9/30/10

D1/0l/ID to 12/3i/1O, 09/01109 to 08/3 ) IJ 0 etc

account held by another agency, e.g., the District Attorney's account. $ o

il.


C)

Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59,03 is sworn to by a peaCe officer employed by your agency

1) Amount seized and retained in your agency's custody

2) Amount seized and transferred to the District Attorney pending forfeiture.".

Amount Returned to Defendants/Respondents (If seized funds are returned to

Defendants/Respondents please complete Schedule A for each case in which this applies

--------

$ o

$ o

Make copies of the schedule and add additional sheets as necessary). $ -'------o

0) Ending Balance. Instructions: Add lines A and B(l), subtract line C, put total in line D. $ o

FORFEITED FUNDS

A) Beginning Balance instructions: !nclude total tunount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest Do Ilot include funds thaI have been

--------

forfeited but not yet received by your agency $ 154

B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Penod Instructions: Do not include amounts forfeited but not yet received by your agency, interest refers to thl: ilmount earned prior to forfelture and distributed as part of the Judgment of

--------

forfeiture S 0 --------

100

C) Interest Earned 011 Forfeited Funds During Reporting Period. Instructions: Enter amount of mterest earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds arc on deposit in an 0 account that does not belong to your agency, e.g. the District Attorney's account -'$ ____________ _

D) Proceeds Received by Your Agency From Sale of Forfetted Property. instructions: !nclude amounts received for all property sold dunng the reporting period, even If the SUbject property was forfeited in a prior reporting period. !fproperty is returned to DefendantslRespondcnts please complete Schedule A for each case in which this applies Make copies arlne schedule and add additional sheets as necessary $ o --------

E)

F)

Hl

Total Expenditures of Forfeited Funds During Reporting Period_, Instructions: From Total on Section VI.

Ending Balance .. lnstructions: Add lines A through D, subtract line E. place total in line F.

OTHER PROPERTY

Instructions: List the number of items seized for the following categories. include only those seizures where a seizure is made by a peace officer employed by your agency, If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section !J (D) in the reporting year in which the proceeds are received. If property is retumed to DefendantslRespondents please complete Schedule A for each case in which this applies. Make copies ofthe schedule and add additional sheets as necessary.

$

Please note ~ this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into use, RESPONDENTS

!) MOTOR VEHICLES (Include cars, motorcycles, 0 0 0 tractor trailers, etc.)


one item)

3) COMPUTERS (lnclude computer and attached system components, such as printers and monitors, as 0 0 0 one item)


0 0 0 disposed under Chapter 18_)

5) Other Property - Description' 0 0 0



"Om,ciJleItJ/;IJ!LIi

o

154


0

0

0

0

0

0

0

IV.

v,

A)

B)

C)

D)

E)

A)

B)

C)

D)

E)

A)

B)

C)

rOlmJaleii}!m!!()

I.

2.

2.

2

3

1 U 1

FORFEITED PROPEHTY RECEIVED FROM ANOTHER AGENCY

Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer

Motor Vehicles (the number of vehicles, not a currency amount).

Real Property (the number of separate parcels of property, not a currency amount)

Computers (the number of computers, not a currency amount) ..

Firearms (the number of firearms, not a currency amount)




Motor Vehicles (the number of vehicles, not a currency amount). .. ,

Real Property (the number of separate parcels of property, not a currency amount)..

Computers (the number of computers, not a currency amount) ....

Firearms ( the number offireanns, not a currency amount) .

Other (the number of items, not a currency amount).

EXPENDITURES

Instructions: This Category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category.

Total Salaries Paid out of Chapter 59 Funds ..

Increase of Salary, Expense, or Allowance for Employees (Salary Supplements)

Salary BudgetedSolely From Forfeited Funds.

NumberofempJoyees Paid Using Forfeiture Funds.


For employees Budgeted by Governing Body ..

For Employees Budgeted Solely out of Forfeiture Funds ..

Numberofemployees Paid Using Forfeiture Funds

Total EqUipment Pard for With Chapter 59 Funds

Vehicles

Computers

Firearms. Vests, Pe,sonal [quipmcrlt

o

o o o o

o o o o o

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

$ 0

I'"", l

102

4 Furniture S 0

Software. $ 0

6. Maintenance Costs $ 0

7. Uniforms .. I 0

8. K9 Related Costs $ 0

9 Other(PrDvide Detail on Additional Sheet) .. $ 0

D) Total Supplies Paid Out of Chapter 59 Funds $ 0

I. Office Supplies $ 0

2 Cellular AirTime. $ 0

3. Internet. $ 0

4. Other{Provide Detail on Additional She~t) .. $ 0

E) Total Travel Paid Out of Chapter 59 Funds.. . I 0

In State Travel

a) HoteL . $ 0

b)AirFare .. $ 0

c) Meals(incJuding per diem). $ 0

d) Car Rental $ 0

2 Out of State Travel

a) Hotel $ 0

b) Air Fare $ 0

c) Meals (induding per diem). $ 0

d) Car Rental $ 0

3 Fue! '. $ 0

4. Parking $ 0

5 Other (Provide Detai! on Additional Sheet) o. $ 0

F) Total Training Paid Out of Chapter 59 Funds". $ 0

Fees (Conferences, Seminars) $ 0

2 Matenals (Books, CDs, Videos, etc,) I 0

3 Other (Provide Detail on Additional Sheet) .$ 0

G) Totallnvest:gative Costs Paid Out of Chapter 59 Funds $ 0

!nformantCosts $ 0

2 Buy Money $ 0

Lab Expenses S 0

4 Other( Provide Deta:1 Oil Additional Sheet) $ 0

"",[i)d, ;c''!,1'll.i 1\) P"';" ,

103

H) Total Prevention !TrealmetH Programs/ Financial Assistance{pursuani to Articies 59.06 (h), 0 (I), 0), (0)) $

[) Tolal Facility Costs Paid Out of Chapter 59 Funds .. $ 0

Building Purchase $ 0

2 Lease Payments $ 0

3 Remodeling $ 0

4 Maintenance Costs,. $ 0

5, Utilities S 0

6, Other (Provide Detail on Additional Sheet)_. S 0

J) Total Miscellaneous Fees Paid Out of Chapter 59 Funds_.,. S 0

( Court Costs o. S 0

2, Fi!ingFees .. S 0

J, Insurance. S 0

4, Witness Fees. S a AuditCosts and Fees _. o. S a

6, Other (Provide Detai! on Additional Sheet)._ S 0

K) Total Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ 0 sheet(s) and attach to this report). ..

L) TOTAL EXPENDITURES ... S 0

NOTE: BOTH CERTIFiCATIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.


SIGNATURE:

DATE:

CERTIFICATION

! swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials. I believe that this asset forfeiture rep01i is true and correct and contains all of the required information.

SWORN TO AND SUBSCRIBED before me this ~_ day of~~ _____ , 20 ___ ,


104

CERTIFICA nON


SIGNATURE:

DATE:

J swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Crimina! Procedure, and that L1pon diligent inspection of ali relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. J further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRiBED belore me this __ day of ______ , 20 __ ,


RETURN COMPLETED FORM TO: Office of the Attorney Genera! Criminal Prosecutions Division p.o. Box J 2548 Austin, TX 78711-2548 Attn: Kent Richardson {5J2)936~1348

FAX (S 12)494-8283 E-mail: [email protected]

Audit completed by Dallas County Auditor ~btLo~

J-un>' d"le 11]/11]111)

Agency Name:


Phone Number:

County:

Email Address:

1 0



Constable 3

1411 W. Beltline Rd,

Richardson, TX 75080

972-690-8692

Dallas

Reporting Period (local fiscal year)

example"

This should be a pennanent agency

craig. [email protected] email address


SEIZED FUNDS

A) Beginning Balance .. Instructio}ls: Include total amount of seized funds on hand(in your agency's possess-ion) at beginning of reporting period. Include funds that may have been forfeited but have not

10/1/09 9/30/10

01/01110 to 12/31/10, 09/01/09 to 08/31!1 0 etc

been transferred to your agency's forfeiture account. Do not include funds that are in an 4 , 875 account held by another agency, e.g., the District Attorney's account ...:$...: __________ _

ll.

8) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59,03 is sworn to by a peace officer employed by your agency.

I} Amount seized and retained in your agency's custody


C) Amount Returned in DefendamsfRespondents Or' seized funds are returned to Defendants/Respondents please complete Schedule A for each case in which this applies

$

$

Make copies ofthe schedule and add additional sheets as necessary) . $

o o

2,135* --------D) Ending Balance

Instructions: Add lines A and 8(1), subtract line C, put total in line D. ...:$ _____ 2-'..,_7_4_0 ___ _

A)

FORFEITED FUNDS

Beginning Balance. Instructions: Include total amount of forfened funds that have been forfeited to your agency and are on hand (in your agency's account Of in your agency's posseSSion) at

beginning of the reporting peflod including interest. Do not include funds that have been forfeited but not yet received by your agency $ 1,658

--------8) Amount Forfeited to and Received by Reporting Agency (!nciuding Interest) Dunng

Reporting Penod Instructions: Do not Include amounts forfeited but not yet received by your agency; mterest refers to the amount e[Hneej prior to forfeiture and distributed as part of the judgment of forfeiture ]; 1,585 --------

*$1,585 Forfeited/transferred to agerlCY

106

C) Interest Earned on Forfeited Funds During Reporting Period Instructions: Enter amount of interest earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds arc on deposit in an account that does not belong to your agency, e,g. the District Attorney's account $ o --------

D) Proceeds Received by Your Agency From Sale of Forfeited Property. Instructions: lnclude arnountg received for all properry sold during the reporting period, even ifthe subject property was forfeited in a prior reporting period. !f property is returned to Defendants/Respondents please complete Schedule A for each case in which this applies Make copies of the schedule and add additional sheets as necessary $ 7,200

--------E) Total Expenditures of Forfeited Funds During Reporting Period.

869 Instructions: From Total on Section VI. $ -'------F) Ending Balance ..

Instructions: Add lines A through D, subtract line E, place total in line F. $ 9,574 --------lU. OTHER PROPERTY

Instructions; List the number of items seized for the follOWing categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received. If property is returned to DefendantsIRespondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary

Please note ~ this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS j forfeited and 0 cars put into use. RESPONDENTS

I) MOTOR VEHICLES (lnclude cars, motorcycles, 6 3 0 tractor trailers, etc.)


one item)

3) COMPUTERS (Include corrputer and attached system components, such as printers and monitors, as 0 0 0 one item)

4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons 1 0 0 disposed under Chapter 18.)



Other Property -Description: 0 0 0 .

PUT INTQUSE BY AGENCY

0

0

0

0

0

0

0

VI.

A)

B)

C)

0)

E)

A)

B)

C)

D)

E)

A)

B)

C)

Fof''' cl"te 113N3!!I'

1.

2.

3.

2

2

107

FORFEnED PROPERTY RECEIVED FROM ANOTHER AGENCY

Instructions Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer.

Motor Vehicles (the number of vehicles, not a currency amount),.

Real Property (the number of separate parcels of property, not a currency amount).

Computers (the number of computers, not a currency amount),

Firearms (the number offirearms, not a currency amount)



instructions: Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer.

Motor Vehicles (the number of vehicles, not a currency amount)..

Real Property (the number of separate parcels of ' property, not a currency amount) ....

Computers (the number of computers, not a currency amount)..

Firearms ( the number of firearms, not a currency amount).


EXPENDITURES

Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of tile following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category

Total Salaries Paid out of Chapter S9 Funds.

Jncrease of Salary, Expense, Of Allowance for Employees (Salary Supplements) ...


Numberof employees Paid Using Forfeiture Funds ..

Total Overtime Paid out of Chapter S9 Funds


For Employees Budgeted Solely out of Forfeiture Funds

Numberofemployees Paid Using Forfeiture Funds.


Vehicles

Computers

Flreanns, Vests, Personal EqUlpmenl

o

o o o o

o o o o o

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

3 0

Page

108

4. Furniture. S 0

5 Software .. I 0

6. MaintenanceCosts S 0

7. Uniforms .. 0

K9 Related Costs 0

9. Other (Provide Detail on Additional Sheet) 5 0

0) Total Supplies Paid Out of Chapter 59 Funds S 0

Office Supplies" S 0

2. Cellular AirTime .. I 0

3. Internet.. . S 0

4. Other (Provide Detail on Additional Sheet) "" o. S 0

E) Total Travel Paid Out of Chapter 59 Funds .... S 0

I. In State Travel

a) Hote! .. " S 0

b} Air Fare. $ 0

c) MealsOnc1uding per diem) o. $ 0

d) Car Rental. $ 0


a) Hotel .. " .. $ 0

b) Air Fare o. S 0

c) Meals (including per diem) . $ 0

d) Car Rental I 0

3 Fuel $ 0

4 Parking. $ 0

Other(Provide Detail on Additional Sheet). $ 0

F) Total Training Paid Out of Chapter 59 Funds .. I 0


2. Materials(Books, CDs, Videos, etc.) o. S 0

Other(Provide Detail on Additional Sheet). $ 0

OJ Totallnvcstigative Costs Paid Out of Chapter 59 Funds $ 0

!nformantCosts S 0

2 Buy Money $ 0

Lab Expenses $ 0

Othef{ PrOVide Detail on Adollional Sheen $ 0

form ~al~ iu/\n.'I,' I'o~e A

108

H) Total Prevention ITreatment Programs! Financial Assistance (pursuant to Articles 59,06 (h), 0 (I), U), (0)) . $

I) Total Faciljty Costs Paid Out of Chapter 59 Funds $ 0

I. Building Purchase $ 0

2. Lease Payments $ 0

J. Remodeling. $ 0

4. Maintenance Costs $ 0

5. Utilities. $ 0

6. Other (Provide Detail on Additional Sheet) .. $ 0

1) Total Miscellaneous Fees Paid OU! ofChaptcr 59 Funds .... $ 0

I. CourtCosts $ 0

2. FilingFees .. $ 0

3. Insurance. $ 0

4 Witness Fees $ 0

5. Audit Costs and Fees o' $ 0

6. Other(Provide Detail on Additional Sheet) o. $ 0

K) Total Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ 869 sheet(s) and attach to this report) ...

L) TOTAL EXPENDITURES .. $ 869

NOTE: BOTH CERTIFICA nONS NEED TO BE COMPLETED, unless your agency is not governed by • Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.


SIGNATURE:

DATE:

CERTIFICATION

I swear or affirm that the Commissioners Court or City Counci! has conducted the audit required by Article 59,06 of the Code of Crimina! Procedure and that upon diligent inspection of all relevant documents and supporting materials. I believe that this asset forfeiture report is true and correct and contains all of the required information.

SWORN TO AND SUBSCRIBED before me this __ day of

Notary Pl.iblic in and for the State of Texas

110

CERTIFICATION


SIGNATURE:

DATE:

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 afthe Code of Crimina! Procedure, and that upon diligent inspection of ail relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure, I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRIBED before me this __ day ______ ,20 __ ,


RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 FAX (512)494-8283 E-mail: keIlLrichardsof\@.oag.stak.tx.tlS

Audit completed by Dallas County Auditor ~

111




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

08- 02132-G

1/28/08

$1,100

10/5/09

$550

per court order




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

1 1 2

Attachment K

Dallas County Constable 3

Description-Paid 10 or Shared wilh Cooperating Agencies Amount Payment to District Attorney for case 09-02082-J $258.75 Payment to District Attorney for case 09-1 0794-H $250.00 Payment to District Attorney for case 08-02132-G $360.00

TOTAL $868.75

Agency Name"


Phone Number:

113



Constable 3

1411 W. Beltline Rd.

Richardson, TX 75080

972-690-8692

Reporting Period (local fiscal year)

example'

10/1/09 9/30/10

0]/01110 to J2/311l0, 09/01 f09 to 08/3 ill 0 etc.

County: Dallas

Email Address: This should be a permanent agency

craig < mcknight@dallascounty < org email address


n.

SEIZED FUNDS

A) BeginningBalance,.. instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the District Attorney's account. $ 4,875

--------B) Seizures During Reporting Period:

Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

1) Amount seized and retained in your agency's custody ..

2) Amount seized and transferred 10 the District Attorney pending forfeiture ..

C) Amount Returned to Defendants/Respondents (If seized funds are returned to Defendants/Respondents please complete Schedule A for each case in which this applies

$ o $ o

2,135* Make copies ofthe schedule and add additional sheets as necessary) .. , $ -'--------D) Ending Balance.

Instructions: Add lines A and B(1), subtract line C, put total in line D. $ 2,740 --------FORFEITED FUNDS

A) Beginning Balance .. Instructions: Include tOlal amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reportmg period including mterest Do not include funds ttmt have been forfeited but not yet received by your agency $ 1,658

--------B) Amount Forfeited to and Received bY RepDrtlng Agency (Including Interest) DUring

Reporting Period Instructions: Do not include amounts forfeited but not yet received by your agency~ mterest refers to the amount earned prior to forfeiture and distributed as part of the judgment of iorfe!turc $ 1,585 --------

*$1,585 Forfeited/transferred co agency

114

C) Interest Earned on Forfeited Funds During Reporting Period. Instructions: Enter amount ofinierest earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account. $ o --------

Dj Proceeds Received by Your Agency From Sale of Forfeited Property Instructions: !nclude amounts received for all property sold during the reporting period, even i fthe subject property was forfeited in II prior reporting period. lfproperty is returned to Defendants/Respondents please complete Schedule A for each case in which this applies 7 , 200 Make copies of the schedule and add additional sheets as necessary ....:$:..... ___________ _

E)

F)

m.

Total ExpendituresofForfeited Funds During Reporting Period ... instructions: From Tota! on Section VI.

Ending Balance ... Instructions: Add lines A through D, subtract line E, place total in line F.

OTHER PROPERTY

instructions: Listthe number of items seized for the following categories Include only those seizures where a seizure is made by a peace officer employed by your agency. Jf property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Se£tion II (D) in the reporting year in which the proceeds are received. If property is returned to DefendantslRespondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary.

$

Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS I forfeited and 0 cars put into use. RESPONDENTS

1) MOTOR VEHICLES (Include cars, motorCYCles, 6 3 0 tractor trailers, etc.)


one item)

3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 one item)

0 0

4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons 1 0 0 disposed under Chapter 18.)




ForlTloak',; mil

869

9,574


0

0

0

0

0

0

0

IV.

A)

B)

C)

D)

E)

v.

A)

B)

C)

D)

E)

VI.

A)

2

l.

B)

I.

2

l

C)

F.)"~",," il) «},Ii'

1 1 5



Motor Vehicles (the number of vehicles, not a currency amount),.

Real Property (the number of separate parcels of property, not a currency amount).,


Firearms (the number of firearms, not a currency amount) ..................... .

Other (the number of items, not II currency amount)


Instructions: Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer

Motor Vehicles (the number ofvehic1es, not a currency amount). __ .

Rea! Property (the number of separate parcels of property, not a currency amount) ...

Computers (the number of computers, not a currency amount). ...

Firearms (the number offireanns, not a currency amount) .

Other (the number of items, not!l currency amount)

EXPENDITURES

Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes ~ not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories, Ifproceeds are expended for a catego!), not listed, state the amount and nature of the expenditure under the Other catego!),.

Total Salaries PaidoutofChapter 59 Funds_.

Increase of Sal a!)" Expense, or Allowance for Employees (Salary Supplements) ..

SaJary Budgeted Solely From Forfeited Funds, ..

Numberofemployees Paid Using Forfeiture Funds ,.

Total Overtime PaidoutofChapter 59 Funds.

For employees Budgeted by Governing Body

For Employees Budgeted Solely oUlofForfeiture Fund,;

Numberofemp!oyees Paid Using Forfeiture Funds


Vehicles

Computers

Flrc:anns, Vests. Personal Equipment

o

o o o o

0

0

0

0

0

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

$ 0

r'"ge j

116

4. Furniture. $ 0

Software .. $ 0

6. Mainrenance Costs. $ 0

7 Unifon11S. $ 0

K9 Related Costs o.

S 0

9. Other (Provide Detail on Additional Sheet)., $ 0

D) Total Supplies Paid Out of Chapter 59 Funds $ 0

Office Supplies o.

$ 0

2. Cellular AirTime o.

$ 0

3. Internet ..... S 0

4. Other (Provide Detail on Additional Sheet)., o.

$ 0

E) Total Travel Paid Out of Chapter 59 Funds ... S 0

I. In State Travel

a) Hotel.. $ 0

b)AirFare .. $ 0

c) Meals (including perdiem) o.

$ 0

d) Car Rental., $ 0


a) Hote!.. .. $ 0

b)AirFare ... $ 0

c) Meals (including per diem) o.

$ 0

d) Car Rental $ 0

3. Fuel $ 0

4 Parking ... $ 0

5. Other{Provide Detail on Additional Sheet) . $ 0

F) Total Training Paid Out of Chapter 59 Funds.. $ 0


2 Materials (Books, CDs, Videos, etc,) $ 0

3 Other (Provide Detail on Additional Sheet). $ 0


lnformantCosts $ 0

2 Buy Money S 0

Lab Expenses $ 0

4 C'lther (Provld[O Deta!l on Aduillonaj Sheet) S 0

I>~g.

F0,mJ"t~,,'i1)3!!\)

1 1 (

H) Total Prevention ITreatment Programs! Financiai Ass istance (pursuant to Articles 59 06(h), 0 (I), GU'))" , $

I) Tota! Facility Costs Paid Out of Chapter 59 Funds $ 0

Building Purchase 5 0

2 Lease Payments S 0

3, Remodeling " S 0

4, Maintenance Costs. $ 0

5, Utilities .. $ 0

6, Other (Provide Detail on Additional Sheet). $ 0

J) Tota! Miscellaneous Fees Paid Out of Chapter 59 Funds ... $ 0

L Court Costs $ 0

2 FilingFees .. $ 0

Insurance .. I 0

4 WitnessFees_. I 0

5, Audit Costs and Fees .. '_p' I 0

6 Other(Provide Detail onAdditional Sheet) '. $ 0

K) Total Other Paid Qut of Chapter 59 Funds (provide detailed descriptions on additional $ 869 sheet{s)and attach to this report) ...

L) TOTAL EXPENDITURES, .. $ 869

NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency Is not governed by a Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.

COUNTY JUDOE or MAYOR (Printed Name):

SIGNATURE:

DATE:

CERTIFICATION

1 swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Crimina! Procedure and that upon diligent inspection of all relevant documents and supporting materials. 1 believe that this asset forfeiture report is true and correct and contains an of the required information.

SWORN TO AND SUBSCRIBED before me this ~_ day of~_~_~_ ,20 __ ,

~,-, ~~-;:-'-C--;;--


1 1 8

CERTIFICATION


SIGNATURE:

DATE:

I swear 01' affirm, under penalty of perjury, that 1 have accounted for the seizure, forfeiture, receipt, and specitlc expenditure ofal! proceeds and property subject to Chapter 59 of the Code of Crimina! Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains an information required by Article 59,06 of the Code of Criminal Procedure. 1 further swear or affirm that all expenditures-reported herein were lawful and proper. and made in accordance with Texas law,

SWORN TO AND SUBSCRIBED before me this __ day , ______ ,20 __ "


RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936·1348 FAX (512)494-8283 E-mail: kentrichardsoTl!ii.-oag.state.tx.us

Audit completed by Dallas County Auditor ~

1 1 ::::;I




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

08-02132-G

1/28/08

$1,100

10/5/09

$550

per court order




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

120

Attachment K


Description-Paid to or Shared with Cooperating Agencies Amount Payment to District Attorney for case 09-02082-J $258.75 P,,},ment to District Attorney for case 09-1 0794-H $250.00 Payment to District Attorney for case 08-02132-G $360.00

TOTAL $86875

Agency Name:


Phone Number:

County:

Email Address:

1 1



Constable 2

140 N. Garland Ave

Garland, TX 75040

972-643-4766

Dallas

[email protected]

Reporting Period (local fiscal year!

example

This should be a pennanen! agency email address


I.

A)

SEIZED FUNDS

Beginning Balance", Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period, Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an

10/1/09 9/30/10

0110JII0 to 12/311l0, Q9JO 1/09 to 08/31/10 etc

account held by another agency, e.g" the District Attorney's account. $ o

II.

B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59,03 is sworn to by a peace officer employed by your agency.

I) Amount seized and retained in your agency's custody

2) Amount seized and transferred to the District Attorney pending forfeiture.

C) Amount Returned to Defendants/Respondents (If seized funds are returned to Defendants/Respondents please complete Schedule A for each case in which this applies

--------

$ o

$ o

Make copies of the schedule and add additional sheets as necessary) $ 0 -"-------D) Ending Balance ..

instructions: Add lines A and B(I), subtract line C, put total in line D. $ o

FORFEITED FUNDS

A) Beginning Balance. Instructions: Include total amount of forfeited funds that have bcen forfeited to your agency and are on hand (m your agency\ account or in your agency's possession) at beginning of the reporting penod mcludmg WlCrest Du nof include runds that have been

--------

forfeited but not yet received by your agency $ 30,545

B) Amount Forfeited to and Reunved by Reportmg Agency (!ncludmg lnterest) DUrmg Reporting Penod Instructions: Do I,ot include amounts forfeited but not y¢! received by your agency; interest refers to the amount earned prior to forfeiture and distributed as ;Jan of the judgment of

--------

forfeiture }; o ------

1:/2

C) interest Eamedon Forfeited funds During Reporting Period .. Instructions: Enter amount 0 [interest earned on funds in your agency's forfeiture account during the reporting period Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e,g. the District Attorney's account $ o --------

Dj Proceeds Received by Your Agency From Sale of Forfeited Property ~nstructions: lnclude amoUlits received for all property sold during the report1l1g penod, even if the subject property was forfeited in a prior reporting period_ If property is returned to DefendantslRespondents please complete Schedule A fOT each case in which this applies Make copies afthe schedule and add additional sheets as necessary $ o --------

E) Total Expenditures of Forfeited Funds During Reporting Period ... Instructions: From Total on Section VI $ 662

~-'-----F) Ending Balance ..

Instructions: Add lines A through 0, subtract line E, place total in !ine F. $ 29,883 --------lB. OTHER PROPERTY

Instructions: List the number of items seized for the following categories Include only those seizures where a seizure is made by a peace officer employed by your agency_ If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section Jl (0) in the reporting year in which the proceeds are received. If property is returned to OefendantsfRespondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary.

Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized. 3 cars AGENCY DEFENDANTS I forfeited and 0 cars put into use, RESPONDENTS

\) MOTOR VEHICLES (Include cars, motorcycles, 0 0 0 tractor trailers, etc.)

2) REAL PROPERTY (Count each parcel seized as 0 one item)

0 0

3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 one item)

0 0

4) FIREARMS (InClude only firearms seized for forfeiture under Chapter 59. Do not include weapons

0 0 0 disposed under Chapter J 8.)



-Other Property -Description

0 0 0

'O, " '_ble n3!\iVI {I


0

0

0

0

0

0

0

IV.

A)

B)

C)

D)

E)

v.

A)

B)

C)

D)

E)

V!.

A)

L

2.

3.

B)

2.

C)

2

3

i',k'l\;",i'i"

123



Motor Vehicles {the number of vehicles, not a currency amount} .

Real Property (the number of separate parcels of property, not a currency amount) .

Computers (the number of computers, not a currency amount). ..

Fireanns (the number of firearms, nol a currency amount)



Instructions: Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership orthe property to your agency prior to the transfer.

Motor Vehicles (the number .ofvehicles, not a currency amount) ..

Real Property (the number of separate parcels of property, not a currency amount) ..

Computers (the number of computers, not a currency amount)

Fireanns ( the number of firearms, not a currency amount) , ..

Other (the number of items, not a currency amount) . ,_ ..

EXPENDITURES

Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - no! for expenditures made pursuant 10 your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category.

Total Salaries Paid out of Chapter 59 Funds.


Salary Budgeted Solely From Forfeited Funds.

Numberofemployees Paid Using Forfeiture Funds .. _




Number of employees Paid Using Forfeiture Funds.

Tota! Equipment Paid for with Chapter 59 Funds

Vehicles

ComputO:fs

flf,;anTlS, Vests, F'-;:rsonal EqUlprnc"llt

o

o o o o

o o o o o

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

$ 662

$ 0

$ 0

$ 662

;'''P

124

4 Furniture $ 0

Software $ 0


7 Uniforms .. I 0

8. K9 Related Costs o.

I 0

9 Other (Provide Detail on Additional Sheet) . I 0

D) Tota! Supplies Paid Out of Chapter 59 Funds $ 0

I. Office Supplies . $ 0

2 Cellular AirTime. $ 0

3 !nternet.. $ 0

4. Other (Provide Detail on Additional Sheet) ," $ 0

E) Total Travel Paid Out of Chapter 59 Funds. $ 0

I. In State Travel

a) Hotel.. ,0'

$ 0

b) AirFare .. $ 0

c) Meals (including per diem) .. " S 0

d) Car Rental. , .. S 0


a) Hotel $ 0

b) Air Fare $ 0

c) Meals (including perdiem). $ 0

d) Car Rental $ 0

3 Fuel $ 0

4 Parking. $ 0

5. Other{Provide Detail on Additional Sheet) 0-

$ 0

F) Total Training Paid Out of Chapter 59 Funds. $ 0

1. Fees (Conferences, Seminars) $ 0

2. Materials (Books, CDs, Videos, etc,) $ 0

Other(Provide DEtail on Additional Sheet) $ 0


Informant Costs $ 0

2 Buy Money $ 0

3 Lab Expenses $ 0

4 Other (Provide Detail on /\ddltHmai Sheet) $ 0

"~g< , F01m d"l~I!3II1,111l

125

H) Tolal Prevention J Treatment Programs! Financial Assistance (pursuant to Articles 59.06 (h), 0 (I), G), (0», $

l) Total Facility Costs Paid Out of Chapter 59 Funds ... $ 0

Building Purchase,. $ 0

2 Lease Payments _._ $ 0

3 Remodeling .. $ 0

4, Maintenance Costs $ 0

5 Utilities .. $ 0

6, Other (Provide Detail on Additional Sheet) o. $ 0

J) Total Miscellaneous Fees Paid OUlofChapter 59 Funds. $ 0

l. Court Costs. o. S 0

2, filingFees., ... $ 0

3, Insurance .. $ 0

4, Witness Fees ". $ 0

5, AuditCostsand Fees .. $ 0

6, Other(Provide Detai! on Additional Sheet) ,. $ 0

K) Tota! Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ 0 sheet{s) and attach to this report). ..

L) TOTAL EXPENDITURES.,. $ 662

NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.


SIGNATURE:

DATE:

CERTIFICATION

I swear or affirm that the Commissioners Court or City Counci! has conducted the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of aJ! relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information.

SWORN TO AND SUBSCRIBED before me this day of ______ , 20 __ ,

-------------------;cc:c------Notary Public in and for the State of Texas

126

CERTIFICATION


SIGNATURE:

DATE:

1 swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection afall relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59,06 of the Code of Criminal Procedure. 1 further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRIBED before me this __ . day of ______ , 20 __ ,


RETURN COMPLETED FORM TO: Office of tile Attorney General Crimina! Prosecutions Division P. O. Box! 2548 Austin, TX 7871 !-2548 Attn: Kent Richardson (512)936-1348 FAX (512)494-8283 E-mail: kenl.richtirdsIJni;i\uag.stat.:.l;>;.US

Audit completed by Dallas County Auditor

fo'<nd~le{)}lnJlI!l

1 2 (


TO DEFENDANTS i RESPONDENTS


DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:


TO DEFENDANTS i RESPONDENTS


DATE OF SEIZURE:

PROPERTY SElZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

Agency Name·


Phone Num her

County:

Email Address:

1 8



Constable 4

630 W. Main St

Grand Prairie, TX 75050

972-262-3059

Dallas

Reporting Period· (local fiscal year)

example

This should be a , permanent agency

tcummlngs@dallascounty. org email address


SEIZED FUNDS

A) BeginningBalance .. Instructions: Include tota! amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account 00 not include funds that are in an

10/1/09 9/30/10

01101110 to )2131110, 0910 1109 to 08/31/1 0 etc

account held by another agency, e.g., the District Auorney's account. $ o

II.


C)

Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency<



Amount Returned to Defendants/Respondents Of seized funds are returned to Defendants/Respondents please complete Schedule A for each case in which this applies

--------

$ o

$ o

Make copies of the schedule and add additional sheets as necessary).. $ -'--------o DJ Ending Balance

Instructions: Add lines A and B( I), subtract line C, put total in line D. $ o

FORFEITED FUNDS

A) Beginning Balance. __ Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do !lot include funds that have been

--------

forfeited but not yet received by your agency $ 20,280

B) Amount Forfeited to and Received by Reponmg Agency (Including Interest) During ReportlngPerlod Instructions: Do not I nclude amounts forfeited but not yet received by your agency; interest refers to the amount earned pnor to forfeiture and distributed as part of the judgment of

--------

forfeiture $ 2,622 ------

1?9

C) Interest Earned on Forfeited Funds During Reporting Period. Instructions: Enter amount of interest earned on funds in your agency's forfeIture account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account $ o

--------D) Proceeds Received by Your Agency From Sale of Forfeited Property

Instructions: Include amounts received for all property sold during the reportlng period, even iftne subject property was forfeited in a prior reporting period. If property is returned to Defendants/Respondents please complete Schedule A for each case in which this applies 3 I 925 Make copies of tile schedule and add additional sheets as necessary. __ $ ___________ _

E) Tota! Expenditures of Forfeited Funds During Reporting Period.. 5 , 7 8 2 instructions: From Total on Section VI. ....:1 ___________ _

F) Ending Balance. Instructions: Add lines A through D, subtract line E, place total in line F. $ 21,045 --------

IH. OTHER PROPERTY

Instructions! List the number of items seized for the folloWing categories Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section Il (D) in the reporting year in which the proceeds are received_ If property is returned to DefendantslRespondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary.

Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and Gears put into use. RESPONDENTS

I) MOTOR VEHICLES (lnc!udecars, motorcycles, 3 3 0 tractor trailers, etc.)


one item)

3) COlY1PUTERS (Include computer and attached system components, such as printers and monitors, as 0 0 0 one item)

4) F1REARMS (Include only fireanns seized for forfeiture under Chapter 59. Do not include weapons

0 disposed under Chapter 18.) 0 0

5) Other Property - Description· 0 0 0


Other Property -DescriptIOn" 0 0 0

FUlm daw:lJ{{)}ill)

PUT [NTO USE BY AGENCY

0

0

0

0

0

0

0

IV.

v.

V!.

A)

B)

C)

D)

E)

A)

B)

C)

D)

E)

A)

8)

C)

Faun (bt~ ')]"13/111

I.

2.

J.

2

3.

2

13U


Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the

transfer.

Motor Vehicles (the number of vehicles, no! a currency amount).

Real Property (the number of separate parcels of property, not a currency

amount)..

Computers (the number of computers, not a currency amount),..

FirearmS {the number of firearms, not a currency amount) .............................. .


FORFElTED PROPERTY TRANSFERRED TO ANOTHER AGENCY


Motor Vehicles (the number of vehicles. not a currency amount).

Real Property (the number of separate parcels of property, not a currency amount).

Computers (the number of computers, nol a currency amount) .. ,

Fireanns (the number of fireanns, not a currency amount) .


EXPENDITURES

Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category.

Total Salaries Paid out of Chapter 59 Funds.

Increase of Salary, Expense, or Allowance for Employees (Salary Supplements), .




For employees Budgeted by Goveming Body ..


Number of employees Paid Using Forfeiture Funds.

Total Equipment Paid for wi!h Chapter 59 Funds

Vehicles

Computers

Firearms, Vests. Personal EqUlpmcm

o

o o o o

o o o o o

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

S 5, 032

S 0

$ 0

$ 5, 032

hge j

1 3 1

4. Furniture .. I 0

Software I 0

6 Maintenance Costs . 0

7. Uniforms .. $ 0

8. K9 ReiateclCosts",. S 0

9. Othcr(Provide Detail on Additional Sheet) ... I 0

DJ Tota! Supplies Paid Out ofChaptcr 59 Funds S 0

I. Office Supplies,. I 0


3. Internet .. I 0

4. Other(Provide Detail on Additiona! Sheet) .. I 0

E) Total Travel Paid Out of Chapter 59 Funds. , I 0

In State Travel

a) HoteL. $ 0

b) Air Fare ,0' I 0

c) Meals{incJuding per diem) o. $ 0

d) Car Rental o. $ 0


a) Hotel. S 0

b)AirFare .... I 0

c) Meals (including per diem) $ 0

d) Car Rental ,0' $ 0

3 Fuel .. $ 0

4 Parking .. I 0

5. Othcr(Provide Detail on Additional Sheet). I 0

F) Total Training Paid OutofChapter 59 Funds .. $ 0


Materials(Books, CDs, Videos, etc) $ 0

J Other(Provlde Detail on Additional Sheet) S 0

0) Total lnvestigative Costs Paid Out of Chapter 59 Funds $ 0

InfonmmtCosts . S 0

8uyMoney $ 0

J Lab E;wenses,. $ 0

, Other(Provlde Detail on Additional Sheet) $ 0

form dolo (i3ilMI ',' p,",1

132

H) Total Prevention ITreatment Programs/Financial Assistance (pursuant to Articles 59,06 (h), 0 0), (j), (n)) ... S

l) Total Facility Costs Paid Out of Chapter 59 Funds .. $ 0

L Building Purchase o. S 0

2. Lease Payments. ! 0

J. Remodeling. $ 0

4. MaintenanceCosts .. $ 0

5. Utilities. $ 0

6. Other (Provide Detail on Additional Sheet) .. $ 0

J) Tota1 Miscellaneous Fees Paid Out of Chapter 59 Funds ... S 0

L Court Costs ... 0

2 Filing Fees o. S 0

3. Insurance o. S 0

4. Witness Fees " .. S 0

5. AuditCosts and Fees." .. $ 0

6. Other (Provide Detail on Additional Sheet) S 0

K) Tota! Other Paid Qut of Chapter 59 Funds (provide detailed descriptions on additional S sheet(s) and attach to this report).. ,. 750

L) TOTAL EXPENDITURES .... S 5,782

NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Court or City Council. Tben only the Agency Head Certification needs to be completed.


SIGNATURE:

DATE:

CERTIFICATION

I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Crimina! Procedure and that upon diligent inspection of all relevant documents and supporting materials, ! believe that this asset forfeiture report is true and correct and contains all of the required information.

SWORN TO AND SUBSCRIBED before me this __ day of ___ ~ ,20 __


133

CERTIFICATION


SIGNATURE:

DATE:

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 ofthe Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that an expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRIBED before me this __ day of -'-___ " 20 __ ,


RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 FAX (512)494-8283 E-mai~: kent. ricilardson{i?oag,stato:_ LA. U~

Audit completed by Dallas County Auditor ~JN>.Y\'~ IfJ~lo h

1:34


TO DEFENDANTS / RESPONDENTS


DA IE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

135

Attachment K


Description - Paid to or Shared with Cooperating Agencies Amount Payment to District Attorney for case 08-05043-J $250 Payment 10 District Attorney for case 09-13378-8 $250 Paymenllo Dist;ic! Attorney for case 09-16794-L $250

, Total $750

.

Agency Name:


Phone Number:

County:

Emai! Address:

136



Constable 5

410 S. Beckley

Dallas, TX 75203

214-943-1765

Dallas

beth,[email protected]

Reporting Period: (local fiscal year)

example

This should be a permanent agency email address


!.

A)

SEIZED FUNDS

Beginning Balance .. Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not

10/1/09 9/30/10

OJ/aUlD to 12/31/10, 09/01/09 to 08/31/10 etc.

been transferred to your agency's forfeiture account Do not include funds that are in an 483 account held by another agency, e.g., the District Attorney's account. -.:$ ___________ _

II.


C)

0)

Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59,03 is sworn to by a peace officer employed by your agency.


2) Amount seized and transferred to the District Attorney pending forfeiture ... _ ..

Amount Returned to Defendants/Respondents (If seized funds are returned to DefendantsfRespondents please complete Schedule A for each case in which this applies.

$ o $ o

Makecopies of the schedule and add additional sheets as necessary)... $ --'--------483*

Ending Balance instructions: Add lines A and Bf!), subtract line C, put total in line D -=$:.... _______ 0 ___ _

FORFEITED FUNDS

A) Beginning Balance ..

B)

instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest Do not include funds that have been forfeited but not yet received by your agency. $ 13,200

Amount Forfeited to and Received by Reporting Agency (Includmg Interest) During Reporting Period Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture

*Forfeited/transferred agency

--------

483

137

C) Interest Earned on Forfeited Funds During Reporting Period .. Instructions: Enter amount of interest earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds afe on deposit in an 0 account that does not belong to your agency, e.g. the District Attorney's account _$ ___________ _

D) Proceeds Received by VOlif Agency From Sale of Forfeited Property .... instructions: Include amounts received for all property sold during the reporting period, even jfthe subject property was forfeited m a prior reporting period. If property is returned to Defendants/Respondents please complete Schedule A for each case in which this applies 0 Make copies of the schedule and add additional sheets as necessary. -'$ ___________ _

E) Total Expenditures of Forfeited Funds During Reporting Period. 1 , 694 Instructions: From Total on Section VJ -.::$'-_____ ' _____ _

F) Ending Balance ... Instructions: Add lines A through D, subtract line E, place total in line F. $ 11,989

--------Ui. OTHER PROPERTY

Instructions: List the number of items seized for the foHowing categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received. If property is returned to DefendantslRespondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary,

Please note ~ this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into use, RESPONDENTS

1) MOTOR VEHICLES (Include cars, motorcycles, 0 1 0 tractor trailers, etc.)

2) REAL PROPERTY (Count each parcel seized as 0 one item) 0 0

3) COMPUTERS (Include computer and attached system components, such as printers and monitors., as 0 one item)

0 0

4) FIREARMS (Include only fireanns seized for forfeiture under Chapter 59. Do not include weapons

0 0 0 disposed under Chapter 18.)

5) Other Property ~ Description: 0 0 0

Other Property -Description' 0 0 0


fGm; done 1l3iIlJiiU

PUT INTQUSE BY AGENCY

0

0

0

0

0

0

0

IV.

v.

VI.

A)

B)

C)

D)

E)

A)

8)

C)

0)

E)

A)

8)

C)

f:)rrn ""ie "-,/1!1!1<I

1.

2.

3.

2.

3

2

3


Instructions· Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer

Motor Vehicles (the number of vehicles, not II currency amount), ."

Rea! Property (the number of separate parcels of property, not a currency amount)

Computers (the number of computers, not a currency amounl)

Firearms (the number of firearms, not II currency amount)



Instructions: Enter ,the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer.

Motor Vehicles (the number of vehicles, not a currency amount)._ ..



Firearms ( the number offireanns, not a currency amount)

Other (the number of items, not a currency amount) ..

EXPENDITURES

Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, stale the amount and nature of the expenditure under the Other category.

Total Salaries PaidoutofChapter59 Funds.

Increase ofSaiary, Expense, or Allowance for Employees (Salary Supplements)" ..

Salary Budgeted Solely From Forfeited Funds ...


Total Overtime Paid out of Chapter 59 Funds

For employees Budgeted by Governing Body,



Total EqUipment Paid for with Chapter 59 Funds

Vehicles

Computers.

Firearms. Vests Personal Equipment ammo

o

o o o o

o o o o o

$ 0

$ 0

$ 0

0

$ 0

$ 0

S 0

0

S 1,323

$ 0

$ 0

$ 1.323

hg'

139

4. Furniture. $ 0

Software ... I 0

6. MaintenanceCosts S 0

Uniforms" I 0

, K9 Related Costs o. $ 0

9. Other (Provide Detail on Additional Sheet}, .. S 0

D) Total Supplies Paid Out of Chapter 59 Funds o. S 0

1. Office Supplies o. S 0


3. Internet.. $ 0

4. Other (Provide Detail on Additional Sheet), o. S 0

E) Total Travel Paid Out of Chapter 59 Funds". S 0

L In State Travel

a)Hotel .. I 0

b)AirFare ... $ 0

c) Meals(induding per diem) ... $ 0

d) Car Rental. $ 0

2 Out of State Travel

a) HoteL $ 0

b)AirFare .. $ 0

c) Meals (induding per diem). $ 0

d) Car Rental $ 0

3 Fuel .. I 0

4. Parking .. $ 0

5. Other (Provide Detail on Additional Sheet) '. $ 0

F) Tota! Training Paid OutofChapter 59 Funds._ ... $ 0


2. Materials (Books, CDs, Videos, etc.) ,. $ 0

Other(Provide Detail on Additional Sheet) $ 0

0) Tolal Investigative Costs Paid Out of Chapter 59 Funds $ 0

!nformantCosts $ 0

Buy Money $ 0

Lab Expenses $ a Other(Provide Detail on Additional Sheet) $ 0

Fo~nJ,n,'!J' OJ/jO hge 4

140

H) Tota! Prevention/Treatment Programs/Financial Assistance (pursuant to Articles 59.06 (h), 0 (1),0), (n))" ' S

J) Tota! Facility Costs Paid Out of Chapter 59 Funds $ 0

I. Building Purchase o. $ 0

2 Lease Payments o. S 0

3, Remodeling o. S 0

4, Maintenance Costs. $ 0

5, Utilities o- S 0

6 Other (Provide DetailoD Additional Sheet). $ 0

J) Total Miscellaneous Fees Paid Out of Chapter 59 Fun~s, .. $ 0

1, CoUrt Costs o. $ 0

2, FilingFees .... $ 0

3, Insurance .. $ 0

4, Witness Fees o. $ 0

5, Audit Costs and Fees", $ 0

6, Other(Provide Detail on Additional Sheet). $ 0

K) Total Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ sheet(s)and attach to this report) ... 371


NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency is nol governed by • Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.


SIGNATURE:

DATE:

CERTIFICA nON

r swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information.

SWORN TO AND SUBSCRlBED before me this __ day of ______ , 20 __ ,


FmmdaleliJ/ll"lIl!l

1 1

CERTIFICATION


SIGNATURE:

DATE:

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. i further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRIBED before me this __ day of ______ " 20 __ '


RETURN COMPLETED FORM TO: Office of the Attorney General Crimina! Prosecutions Division P.o. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936-1348 FAX (512)494-&283 E-mail: kent richurdsoni'i~oag.~lal<;'_tx_U$

Audit completed by Dallas County Auditor ~ /1,,"'-/0

142




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

143

Attachment K


Description - Paid to or Shared with Cooperating Agencies Amount Payment to District Attorney for case 09-11857-C $370.75

Tolal $370.75

Agency Name:


Phone Number:

County:

Email Address:

144



Clean Air Task Foroe

501 Main St. #103

Dallas, TX 75202

214-653-6708

Dallas

Reporting Period: (local fiscal year)

example:

This should be 11

pennanent agency Jerry. [email protected] email address


1. SEIZED FUNDS

A) BeginningBalance" Instructions: Include total amount of seized funds on hand (In your agency's possession) al beginning of reporting period. Include funds that may have been forfeited but have not

10/1/09 9/30/10

Ol/Ol/lO to 12/31JJO, 09/01/09 to 08/3! II 0 etc

been transferred to your agency's forfeiture account Do not include funds that are in an 7 I 126 account held by another agency, e.g., the District Attorney's account _$ ___________ _

n.

B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency.

I} Amount seized and retained in your agency's custody ...

2} Amount seized and transferred 10 the District Attorney pending forfeiture ...

$ 30,617

$ o C) Amount Returned to DefendantslRespondents (If seized funds are returned to

DefendantslRespondents please complete Schedule A for each case in which this app! les Make copies oftheschedule andadd additional sheets as necessary)... . ...::.S ____ 1_0-'-, _1_5_7_* ___ _

D) Ending Balance .. Instructions: Add lines A and 8(1), subtract line C, put total in line D. ...::.$ ____ 2_7_,'-5_8_6 ___ _

AI

B)

FORFEITED FUNDS

Beginning Balanee .. Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possessIOn) at beginning of the reporting period including interest Do not include funds that have been forfeited but not yet received by your agency ..-:$'-____ 4_,_9_7_4 ___ _

Amount Forfeited to and Received by Reporting Agency (Including lnterest) Durmg Reporting Period Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned pnof to forfeiture and distnbuted as part of the Judgment of forf<oiture $ 10,157

--------

·k se i. zures forEe i ted/tracsi'"crreci t.o la~i; ,-.lf~)rcem ·':Dt. 2gency

145

C) Interest Earned on Forfeited Funds During Reporting Period .. Instructions: Enter amount of in teres I earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds are on deposit in an 0 accouni that does not belong to your agency, e.g. the District Attorney's account -.:;.$:.-. __________ _

D) Proceeds Recel'ved by Your Agency From Sale of Forfeited Property instructions: Include amounts received for all property sold during the reporting period, even ifthe su bject property was forfeited in a prior reporting period_ !f property is returned to DefendantslRespondents please complete Schedule A for each case in which this applies. 0 Make copies afthe schedule and add additional sheets as necessary -'$'--__________ _

E) Toml Expenditures of Forfeited Funds During Reporting Period .. instructions: From Total on Section VI. -'$:.-. ____ 3~,_3_9_3 ___ _

F) Ending Balance .. Instructions: Add lines A through D, subtract line E, place total in line F. ....:$ _____ 1_1_,_7_3_8 ___ _

m. OTHER PROPERTY

Instructions: .List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are fe<;elved, If property is returned to Defendants/Respondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary.

Please note ~ this should be a number not a SEIZED FORFEITED TO RETURNED TO currency amount Example 4 cars seized, 3 cars AGENCY DEFENDANTS / forfeited and 0 cars put into use, RESPONDENTS

I) MOTOR VEHICLES (Include cars, motorcycles, 11 5 1 tractortrailers. etc.)


one item)

3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 0 0 one item)


0 0 0 disposed under Chapter 18,)

5) Other Property ~ Description: 0 0 0




3

0

0

0

0

0

0

IV.

v.

V!.

AJ

BJ

C)

D)

E)

A)

B)

C)

0)

E)

A)

B)

C)

FoJrm "'". IIJ!il}/HI

I.

2.

3

2

3

146

FORFEITED PROPERTY RECEiVED FROi",! ANOTHER AGENCY


Motor Vehicles (the number of vehicles, not a currency amount) ..

Real Property (the number of separate parcels of property, not a currency amount)

Computers (the number of computers, not a currency amount) .

Fireanns (the number of firearms, no! a currency amount)




Motor Vehicles (the number ofvehides, not a currency amount) ....


Computers (the number of computers, not a currency amount) ....

Firearms (the number of firearms, not a currency amount) .


EXPENDITURES

Instructions: This category is for Chapter S9 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your genera! budget. List the total amount expended for each of the following categories. !fproceeds are expended for a categOlY not listed, state the amount and nature of the expenditure under the Other category.

Tota! Salanes Paid OUlofChapter 59 Funds ..



Numberofemployees Paid Using Forfeiture Funds


Foremp!oyees Budgeted by Governing Body

For Employees Budgeted Solely out of Forfeiture Funds

N umber of employees Paid Using Forfeitllre Funds ..

Tota! Eqllipment Paid for with Chapter 59 Funds

Vehicles.

Computers

Firearms, V~St5, Per-sonal Equ:prnent ammo

o

o

o o o

o o o o o

$ 0

$ 0

$ 0

0

$ 0

$ 0

$ 0

0

$ 0

S 0

0

0

",'>;e

147

4. Furniture., .. S 0

Software, __ S 0


Uniforms $ 0

K9Reiated Costs 1 0

9. Other(Provicie Detail on Additional Sheet) ... $ 0

D) Total Supplies Paid Out of Chapter 59 Funds o. S 0

I. Office Supplies .. , ... S 0

2. Cellular AirTime ... $ 0

3. lnlemeL, $ 0

4. Other(ProvideDetail on Additional Sheet) . $ 0

E) Total Travel Paid Out of Chapter 59 Funds .. $ 0

I. In State Tr,ave!

a) Hote! $ 0

blAir Fare .. , $ 0

c) Meals(including per diem) ", $ 0

d) Car Rental ... $ 0


a)Hote!_ ... $ 0

b)AirFare ... $ 0

c) Meals (including per diem) $ 0

d) Car Rental o. $ 0

3. Fuel ... $ 0

4. Parking ... $ 0

I. Other(Provide Detail on Additional Sheet) o. $ 0

F) Tota! Training Paid Out of Chapter 59 FundL $ 0


2 Materials(Books, CDs, Videos, etc,) $ 0

Other (Provide Detail on Additiona! Sheet) $ 0

0) Tota! Investigative Costs PaId Out of Chapter 59 Funds S 2,000

Informant Costs $ 0

2 Buy Money $ 2, 000

Lab Expenses S 0

4 Other(Provide Detail On Additional Sheet) 0

i'~m1 d"l~ rljl:)')'!!) ?,'~e ~

140

H) Total Prevention IT,eatmeD! Programs! financial Assistance (pursuant to Articles 59.06 (h), 0 (I), UUo)) S

I) Total Facility Costs Paid QuI of Chapter 59 Funds $ 0

I. Building Purchase ,0' S 0

" Lease Payments o. S 0

}, Remodeling .. I 0

4, MaintenanceCosts , I 0

Utilities., $ 0

6, Other (Provide Detail on Additional Sheet) $ , 0

J) Total Miscellaneous Fees Paid OUlofChapter 59 Funds .... $ 0

Court Costs .. $ 0

" Filing Fees o. $ 0

J, Insurance o. $ 0

4, WitnessFees, .. S 0

5, Audit Costs and Fees o. $ 0

6, Other{Provide Detail on Additional Sheet) o. $ 0

K) Total Other Paid Out of Chapter S9 Funds (provide detailed descriptions on additional $ sheet{s) and attach to this report) .. 1,393


NOTE: BOTH CERTlFICA TIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed.


SIGNATURE:

DATE:

CERTIFICATION

r swear or affirm that the Commissioners Court Or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information.

SWORN TO AND SUBSCRIBED before me this __ day of _____ _ ,20~_


149

CERTlF1CA nON


SIGNATURE:

DATE:

I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all infonnation required by Article 59,06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law.

SWORN TO AND SUBSCRIBED before me this __ day ______ ,20 __ "

Notary Public in and fOf the State of Texas

RETURN COMPLETED FORM TO: Office of the Attorney General Crimina! Prosecutions Division P.O. Box 12548 AUstin, TX 7871}·2548 Attn: Kent Richardson (512)936~1348

FAX (512)494.8283 E-mail kenl.richllrdsont •• loag.state.lx.us

Audit completed by Dallas County Auditor ~NU~

150




DA 1'6 OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

09-08951-C

6/17 /2009

1997 Ford Taurus

9/13/2010

1997 Ford Taurus

Per court judgment

SCHEDULE A SEiZED FUNDS AND PROPERTY RETURNED



DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:




DATE OF SEIZURE:

PROPERTY SEIZED:



REASON RETURNED:

hnn dole I'JliI}. ii)

1 5 1

Attachment K

Clean Air Task Force

Description-Paid to or Shared with Cooperating Agencies Amount Payment to District Attorney for case 09-04498-0 $250.00 Payment to District Attorney for case 08-15169-A $550.00 Payment to District Attorney for case 10-00506-J $304.20 Payment to District Attorney for case 10-05124-G $288.80

TOTAL $1,393.00

152

Dallas County Fire Marshal's Office

509 Main Street, Suite 310 Dallas Texas 75202 Main: 214.653.7970 Fax: 214.653.6372

Date: November 30, 20 lO

To:

From:

Dallas County Judge and Members onlle Dallas County Commissioners Court

Robert De Los Santos ~ Dallas County Fire Marshal

Through: Darryl Martin ~ Dallas County Court Administrator

Subject: Lifting of90-Day Ban on Outdoor Burning

BACKGROUND: I. On August 31, 2010, the Dallas County Fire Marshal's Office requested a 90-Day Ban on Outdoor

Burning. This was approved by the Dallas County Commissioners Court Order #2010-14390n the same date. The Burn Ban was allowed under Chapter 352 of the Texas Local Government Code

2. This office continually monitors the Texas Forestry Service Fire Risk Levels and the KeetchByram Drought Index (KBDI). Under the KBD!, Dallas County is currently shown to be at 256, which places our County within a minor and non-critical drought condition. Dallas County has had significant rain over the last rew weeks and very minimal wild land type fIre activity over the last month.

3. While the State of Texas and the Texas Forestry Service remains cautious, we do not reel that the 90-Day Burn Ban is needed at this time in Dallas County. We will continue to monitor wild land fIre activity and drought conditions to provide a safe and secure environment for the citizens of Dallas County.

FINANCIAL IMPACT: None

LEGAUPOLICY: Local Government Code ~ Chapter 352 ~ Sub-Chapter D ~ Outdoor Burning ~ Section 532-081(e):

(e) An order adopted under this section expires, as applicable, on the date: (I) A determination is made under Section (b) that drought conditions no longer exist; or

(2) A determination is made by the Commissioner's Court that the circumstances identified under Subsection (c) (2) no longer exist.

STRATEGIC PLAN COMPLIANCE: Recommendations included in this briefmg are consistent with the Dallas County Strategic Plan, Vision 3: Dallas County is safe, secure, and prepared. This is accomplished by the reduction of wild land type fires within the County due to improved conditions.

RECOMMENDATION: Based on the above cited conditions, we respectfully recommend that the Dallas County Commissioners Court lift the Outdoor Bum Ban that was placed in effect on August 31, 20 J 0, under Court Order #20 J 0-

1439. / /£4' /. /~' / .. ' / .. §'~// /-'/

4>/ ;:'V// i;2!, / rfob~~ D~ i~: saitos;) o;.;II~~c~;-;~iY~FTr~Marshal

(/

153

DALLAS COUNTY DALLAS COUNTY COHM!~S!OW'RS OOURT OFFICE OF INFORMATION TECHNOLOGYlIO" I

llJ 11 , 0 PH 2: 26

Date: November 16,2010

To: Commissioners Court

Through: Rodney Christian, Assistant Chief Operations

From: Randy Guin, IT Security Officer

Subject: Netmotion Software

BACKGROUND Dallas County Sheriffs Office mobile units utilize the CAD (Computer Aided Dispatch) system to communicate with the Dispatchers and TLETS (Texas Law Enforcement Telecommunication System). The solution requires a wireless connection from the mobile units through AT&T to connect to the Dallas County network. Due to "dead" zones or areas of week signal the mobile units will drop the wireless connection causing the CAD application to disconnect. Once a wireless connection is reestablished there is a timeout period that must pass before the Deputy is allowed to reconnect to CAD.

RECOMMENDATION The Office of Information Technology recommends purchasing and implementing Netmotion. The software will allow the CAD application to utilize a cache mode when connectivity is lost and not disconnect allowing the Officer to continue working once the wireless connection is reestablished.

IMPACT ON OPERATIONS Netmotion will improve performance of the CAD platform as well as productivity of the SO by not dropping connections and causing unnecessary downtime.

STRATEGIC PLAN COMPLIANCE The approval, purchase and implementation of Net motion is consistent with Strategy I A of the County's Strategic Plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL IMPACT Netmotion meets requirements to maintain compliance with ellS Security policy standards mandated by the FB I.

509 Main St., 6th Floor, Dallas, Texas 752C2 Work (214) 653-63'\1 Fax (214) 653-6327

154

FINANCIAL IMPACT Netmotion includes licensing for 235 mobile units, one year of maintenance, onsite implementation support and training can be purchased through AT&T (DIR-SDD-597) for $62,815.00. Funding is available through the Justice Assistance Grant (JAG).

M(WBE None

Re ommended by:

bristian, Assistant Chief Operations

1b5

DALLAS COUNTY 10 NOV I 0 PH 2: 45

HUMAN RESOURCES/CIVIL SERVICE

Date: November 9,2010

To: Members of the Commissioners Court

From: Mattye Mauldin-Taylor, Ph.n Director of Human Resources/Civil Service

Through: Danyl.Martin, Administrator

Subject: Deputy Constables - Recommended Hiring Process

Background On September 28, 20 10, the Commissioners Court was briefed on the proposed hiring changes for deputy constables. The Court requested that the Constables review the proposal and comment prior to it taking any action.

The briefing and related final documents were sent to the Constables. At the suggestion of Chief Deputy Howard Kurtz, the HR Department scheduled a meeting with the Constables which was conducted on October 14, 20 I O. Either all Constables attended or they sent a member of their top staff. The conclusion of the meeting resulted in the following:

(I) No one was adamantly opposed to the proposed hiring requirements; however, no one was overly enthused about them either;

(2) The major concern was whether the requirements can be implemented in a timely manner for the Constables' hiring purposes;

(3) HR assured the Constables that every effort would be made to address their concerns; (4) HR will recommend an amount to the Office of Budget and Evaluation to be placed in

the Constables' budget for the polygraph examination and psychological assessment; and (5) Everyone agreed to try the new process and see what happens.

The final proposal is presented in Attachment A. In addition, there were suggestions made to do editing/revisions to the job description (Attachment B) to clarify issues related to prior convictions and minimum qualifications for a deputy constable recruit. Those revisions will be presented later this month to the Civil Service Commission.

The following outstanding issues were discussed. The Human Resources/Civil Service Department offers the proposed recommendations as resolution to the related issues.

I. Will reserve officers be required to go through the same hiring process? HR's recommendation is to flot require a tVrittell tests or physical agility for reserve o.fficers: however all other requirements HJould apply.

156

L Will Reduction-In-Force (RlF) employees be required to undergo the written examination? HR's recommendation is for all RIF employees to satisfY the new requirements (to include the written examination), unless they were civil service covered employees.

3, Will the new changes result in civil service coverage for newly hired deputy constables? HR's response is that these additional requirements does not imply or grant civil service coverage to deputy constabies !!ired afier August 19, 2003.

Operation Impact: Approving the proposed changes will provide clarification and clear directions to the various departments involved in the hiring process of deputy constables,

Financial Impact: The financial impact is estimated to be around $5,000,00 for the written tests, polygraph examinations, drug screening, and psychological assessments,

Legal Review: This proposal has been reviewed by the Civil Section of the District Attorney's Office,

Strategic Plan Compliance: Recommendations in this briefing are consistent with Dallas County's Strategic Plan Vision 1, Strategy L5: Dallas County should maintain a strong, motivated workforce.

Recommendation: The Court Administration recommends approve the hiring recommendations set forth in this briefing to include attachments and forward such to the Civil Service Commission for final approval

Attachment A - Deputy Constable Proposed Hiring Process Attachment B - Deputy Constable Job Description

1 5 (

ATTACHMENT A

Responsibilities of Human Resources

l. HR will post test announcements at least twice a year (or more often if needed) indicating that Dallas County is hiring for the positions of deputy constable.

II. Interested applicants will submit applications; register for lbe written test with documentation of educational level and TCLEOSE credentials, along with office placement preferences.

III. If the basic requirements are met, the applicant will receive a test booklet to review for a 30-day review period.

IV. The written test will be administered and a list utilizing assigned confidential numbers will be posted indicating pass/fail.

V. When a constable has a vacancy, all applicants who passed lbe written test and indicated an interest in working in lbat selected Office will be forwarded to the Office. If an applicant has not indicated a specific area, those applications will also be forwarded to the Office.

VI. If more than one Constable has a vacancy, the applications with non-preference for a specific area will be randomly selected and divided equally among the Constable Offices. If one Constable makes a decision before another Constable, the applicants who were no! selected will also have their applications forwarded to lbe other Constable who is still in the hiring process. An application is viable for six-months.

VII. If a Constable is interested in an applicant, helshe will determine the strategy for further review of lbe applicant (See Step III below) and notiry HR. When the decision is made to conduct further assessments on the candidate, the HR Office will work directly with the Sheriffs Department to run the TCICINCIC background check and driving records, followed by the physical agility test, the polygraph examination, and the psychological assessment.

VIII. The Sheriff s Department will notiry the HR Department of the applicant's statns on each of the assessment and HR will notiry the Department and provide data as allowed by law and policies. Psychological assessments will be provided directly to the Constable, with the examiner providing the County with a copy of the L-3 which is required by rCLEOSE indicating the psychological "fitness" of the deputy meets the county standards, which exceed rCLEOSE requirements.

IX. Once the department makes the offer, an employee physical will be conducted at the County's Employee Health Center.

X. If the applicant successfully passes the employee physical, HR and the Auditor's Omee will be notit,ed by the Employee Healdl Center.

158

ATTACHMENT A

Constable Offices' Responsibilities

L Assist in the recruiting of applicants for the deputy constable positions and keep HR abreast of upcoming vacancies.

Il. Review applications and make timely decisions regarding applicants for further consideration, including checking F5 status.

Ill. Decide on the hiring strategy: I. Review applications and conduct preliminary interviews with applicants; if there is

further interest, notif'y HR to conduct extensive background investigation while Constable obtains all F-5 status information prior to pursuing additional assessments (HR's Recommendation); OR

2. After preliminary interviews, Constable will schedule polygraph examination and psychological assessment prior to obtaining all information related to the applicant's F-5 status and notif'ying HR to conduct the extensive background investigation through the Sheriff's Department.

IV. The Constable Offices will schedule the polygraph examination and psychological assessment. The results of the assessments will be provided directly to the Constable, to include the psychological examiner providing the Constable with a copy of the L-3, which is required by TeLEOSE and which indicates that the psychological "fitness" of the applicant meets County standards, which exceed TCLEOSE requirements. The polygraph vendor will provide the Constable with a form indicating "pass" or "fail." Constable Pffices will provide HR with a copy of the completed L3 and passlfail form for review

V. Once all information has been obtained and the Constable Office has made an offer verbally and through iRecruitment, the Constable's Office will schedule the employee's physical examination to be conducted at the County's Employee Health Center and the drug screen by the County's third party vendor.

VI. If the applicant successfully passes the employee physical, HR and the Auditor's Office will be notified by the Employee Health Center.

VII. Upon notification by the Employee Health Center and drug testing vendor that the applicant has successfully passed the employee physical and drug screen, the Constable Office will submit a Court Order indicating on Form #1 that all job-related and TCLEOSE requirements (especially the extensive background check in accordance with TCLEOSE) have been met.

VIlI. Schedule the applicant for New Employee Orientation and complete all required paperwork.

IX. Timely submit all required paperwork to TCLEOSE and set up employee folder containing all required documentation and set up tracking systems regarding performance appraisals, training provided, educational requirements, class attendance, firearm qualifications, etc.

158

ATTACHMENT B

DALLAS COUNTY JOB DESCRIPTION - PROPOSED

Job Title: Deputy Coustable I Job Code: 901000 Job Grade: 66

Reports To: Deputy Constable II or HI 1'08. No: Various FLSA Code: N

Department: Constable Loc. Code: Various SIC Code: 9221 WCCode: 7720

Division: Various Precincts CS Code: A EEOCode: D04

Summary of Functions: Performs licensed peace officer tasks in accordance with State and local laws and !be policies and procedures of !be Constable's Office and performs bailiff tasks for the Justice of the Peace.

Management Scope: NI A

Duties and Responsibilities:

l. Delivers and executes civil papers to include citations, small claims notices, injunctions, subpoenas, summons and restraining orders.

2. Delivers and executes writs involving garnishment, attachment, execution, habeas corpus, possession, sequestration, restitution and orders of sale.

3. Delivers and executes warrants for bad checks and peace bonds.

4. Performs arrests aud set outs, when warranted.

5. Transfers prisoners to and from jail and the courts.

6. Performs Bailiff tasks for !be Justice of !be Peace, if needed.

7. Performs other duties as required.

* Time spent all various duties depends upon specific job assignment.

Minimum Qualifications:

Education, Experience and Training:

% of Essential Time Non-essential

*

40 E

30 E

10 E

05 N

05 N

05 N

05 N

TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education) certification as a Peace Officer and one of the following combinations: (J) thirty hours of college from an accredited college or university with a grade "C" or better and one year of jaw enforcement experience; OR (2) fifteen hours of college from an accredited college or university with a grade "C" or better and t\.vo years of law enforcement experience; OR (3) three years of Jaw enforcement experience.

Deputy Constable Recruit: A cnndidate may be considered for a Deputy Constable Recruit at a !o\Ver salary grade with ene--fc,+the fe-Jto-w-i-tlg0-v rt&-y-ears 0 f I av.' e Fl fc rcom e n tel' peftetl-€-e-G-R--ftttFty--rumf5----8f.-0EH-tege---frotft-itH-aWfOOtte4--ee+le-ge-Bf

K:\Job DC5cripti!'ns 200,I\CClIl.:;tahlc\REVISED PROPOSAL Deputy COrl.--t,lbk : -- l)n i {iO -- i"-im: ! i!2;) j I) doc

160

ATTACHMENT B

universily wilh a waee "CO> or beller. Mast be a u.s. eilizen. s combination of TCLEOSE certification, education, andlor work experience that eguates to two years. IThese minimum qualifications are required prior to the candidate taking the written entry level law enforcement examination.).

Examples ofvarions combinations of TCLEOSE certification, education and/or work experience (not inclusive):

1. Withou! 'fCLEOSE: • Two years oflaw enforcement experience (to include a certified jailer); OR • Thirty hours of college from an accredited college or university with a grade "C" or better.

(This candidate would enter an academy upon hire with an estimated completion time of 6 months. then complete 6 months of field training. At the end of twelve (12) months, the employee would become a deputy constable.

2. Witb TCLEOSE (which equates to six months of work experience), the candidate must possess an additional:

• Eighteen (18) months of law enforcement experience; OR • Six (6) months oflaw enforcement and fifteen hours of college from an accredited college or university with a grade flC" or better.

(At the end of twelve (12) month working in the Constable's office, the employee would become a deputy constable.)

3. With TCLEOSE Only • If a candidate has only a 'fCLEOSE license the candidate can sit for the exam. If the candidate passes the exam and a Constable is interested in hiring the candidate, the person can be hired, but would remain a depnty coustable recruit for 2 112 years, until helshe meets the minimum qualifications of 3 years~

Must be a U.S. citizen.

Special Requirements/Knowledge, Skills & Abilities: Ability to effectively communicate, both verbally and in writing, and establish and maintain effective working relationships with employees, departments and the general public. Must be at least 21 years of age and possess a valid Texas Driver's License, with good driving record. This position requires successful completion of a written examination, polygraph exam, psychological exam, physical examination, physical agilitv assessment, and an extensive background investigation. Mandatory drug testing prior to employment, and will be subject to random, unannounced drug andlor alcohol testing during employment.

Must have never been convicted of an offense above the grade of a Class B misdemeanor or a Ciass B misdemeanor within the last ten vears; never convicted of any family violence offense; not prohibited bv state or federal law from operating a motor vehicle; not prohibited bv state or federal law from possessing firearms or ammunition.

A180, if date is g1'sr 180=00,.. S frc 1H=last PaHas CCHct) appointment, JlttFSt pass tl mnMmt~~~

r*~eal E!#ln~wt~~Wt-Hi~¥H~drgg4{,-'-Sb:

PhvsicalJEnv iron m ental~~eg u i relll ell ts: lVfust be able to perform defense tactics against indi\ iclua!s. -~~,'qHHeye-!-18 or more uftl12--f,)-I-l-tnVfH;§''7-fr;:i:-Ht)-ng:;;d

K:Vob Descriptions 2004IConot:\0lc\REVISED F'RUPOSAL Deputy ("-'nstillJji.: 1 - 9(::' 10 - Nov lUlCi 1 Chjoe

1 t3 1

ATTACHMENT B

While perfonning the duties of this job, the employee is required to sittffig, standiflg, walkiflg, and drive. The incumbent must be able to fUnfflRg, bend, stoop. climb, crawl, ascendiflg and descendiflg of stairs, both inside and outside without limitatiol]!LQL?ccommodations. Must be able to work varied days and shift schedules, to include weekends and holidays. Work is performed in internal and external environments with possible exposure to inclement weather, and varying temperatures. Potential exposure to eemmllHiea1lle <lis eases contagious and infectious diseases. Must possess the visual acuity to operate a vehicle and distinguish details and differences when observing people, places, or things on patrol.

Supervisor Signature Date ________ _

Reviewed by Human Resources/Civil Service on Date ________ _

Approved by Civil Service Commission on Date April 19, 2004

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

K:\Job De';CfI)'t!CtIS 2i iijd\C\\l\stabic\REVISED I'ROPOS.,\L [}:puty Constable I 90100 - N')V ]02010,do(;

Date:

To:

From:

Subject;

Background

162

DALLAS COUNTY HUMAN RESOURCES/CIVIL SERVICE

November 10, 20W

Members of the Commissioners Court

Mattye Mauldin Taylor, Ph.D., Director

Briefing - Breaks for Nursing Mothers

, DALLAS COUNTY LO~1rtiiSSiONERS COURT

10 NOV 10 PH 2: ~5

New federal guidelines require employers to provide reasonable break time for a non-exempt employee to express breast milk for her nursing child for one year after the child's birth. In addition to the unpaid break time, employers are required to provide a place, other than a restroom that the employee may use for this purpose. According to the fact sheet provided by the Department of Labor, Wage and Hour Division, the location provided must be functional as a space for expressing breast milk And, if the space is not dedicated to the nursing mother's use, it must be available .when needed in order to meet the statntory requirement.

In an effort to immediately address a need in the Records Building, the Operations-Facilities Department was contacted to assist in identifying a place in the Records Building. Although our immediate focus was on the Records Building, the new requirement may have implications for all county facilities with limited space, lack of private offices, etc. Therefore, we were requested to survey county departments to determine the approximate number of employees who may require such an accommodation.

Responses to the survey indicate twenty (20) employees may potentially require a place for this purpose. County facilities and the number of potential employees at each location include the following;

• Records Building (4) • George Allen (l) • Frank Crowley (2) • Health & Human Services (I) • Juvenile Department (11), Youth Village-I, Lone Star-9, and Riverbend-I

Based upon the survey results, the Human Resources Department requests approval to work with the Operations-Facilities department to identify and make available a place at the above locations for non-exempt employees who require breaks for the specific purpose of expressing breast milk.

Impact on Operations Potential impact based on office space availability.

Strategic Plan Compliance Recommendations in this briefing are consistent with Dallas County's Strategic Plan Vision I: Dallas County is a model interagency partner.

Dallas, Texas 509 ['v'lain Street Records Buiiding Equal Opportunity Employer

K 1131 icfing5 2Dl!'.Bricfing-81-eaks Nursin;: Mothers 11161 D_duc

214.553.7638

163

Financial Impact There was no financial impact at this time.

Recommendation The Human Resources/Civil Service Department recommends Commissioners Court approve the request to work with the Operations-Facilities department to identify and make available a place at the Records Building, George Allen, Frank Crowley, Health and Human Services, and the Juvenile Department (Lone Star, Youth Village, and Riverbend locations) for non-exempt employees who require breaks for the specific purpose of expressing breast milk.

Recommended by:

509 Main Street Records Bui:ding

Dallas, T 2xas Equal Opportunity Employer

K \Bridings 201 i\Br:efing-i::\r'C;Ih:~ Nmsins ,vjoth",-:, ! 11610 dcc

214_653.7633

104

DALLAS COUNTY . n~~~~I""""lnu'ro(' rn'JRT DALLAS COUNTY r; .. "!f":'IU"t,,.,c) '.u.,

COMMISSIONERS COURT ADMINIST% lliW'l1 0 PH I: 32

November 16, 2010

TO:

FROM:

SUBJECT:

Background

Dallas County Commissioners Court czs-fo Shannon S. Brown, Assistant Administrator '

Award Recommendation for SOQ 2010-0244844 Statement of Qualifications for Design/Build Services for a New Grand Prairie Subcourthouse

Dallas County and the City of Grand Prairie entered into an agreement for the County to purchase land from the City for a new subcourthouse through Court Order 2008-958 and amended by Court Order 2009-1059, The City has acquired the property, removed all buildings from the property, abated the property and provided Dallas County with a clean site with appropriate utilities and zoning. The property was conveyed to Dallas County through a Special Warranty Deed executed on February 23, 2010.

SOQ 2010-024-4844 Statement of Qualifications for Design/BUild Services for a New Grand Prairie Subcourthouse was released. Fourteen (14) responses were received. On July 13, 2010, Court Order 2010-1154 was adopted identifying the five (5) firms to move to step two of the evaluation process, Interviews with the firms were held on October 18 and 19, 2010 and included the County's construction manager, Broaddus & Associates, Inc, The purpose of this briefing is to recommend initiating contract negotiations with the most qualified firm as determined by the scoring process,

Operational Impact With this facility, Dallas County will consolidate citizen services currently provided in several locations, including leased space, The facility will include a Tax Office, Constable Office, Justice of the Peace Court, Truancy Court, and Juvenile Probation Office, Additional future consolidation of services at the location will be considered once construction is complete,

In August 2010, Dallas County hired Broaddus & Associlltes to perform as the construction manager/owner's representative for this project Broaddus & Associates participated in the Step Two process, conducted a thorough reference check and scored the presentations and information based on the established evaluation criteria,

411 Elm Street, 3'" Floor, Dailas, Texas 75202 sbrown@dallascount'LQf2 214-653-7650

Commissioners Court November 16, 2010

165

Award Recommendation for SOQ 2010-024-4844 Page 2

In accordance with State law, the evaluation criteria used for Step Two was the same criteria outlined in the original statement of qualifications as shown below:

Overall Responsiveness of Proposal Demonstrated technical experience and competence w/similar projects Qualifications & experience of key personnel to be assigned to project

General qualifications and experience of proposer team members working together M/WBE participation Total

10 points

20 points

40 points

15 points 15 points 100 points

In Step Two, Dallas County received additional information from the five (5) firms, including proposed timelines, organizational structure of proposed team, potential costing methodology, presentation on quality control, commissioning services and warranty support and a review of the County's standard contract language. The results of the scoring indicate that all five (5) firms presented solid experience and competent teams, with only a nine (9) point spread among the scores. Based on the resulting scores, the evaluation committee recommends the following ranking of proposals for this project to move forward into contract negotiations:

1. GSRIAndrade + HWH, llP 2. Balfour Beatty (HDR Architecture) 3. Steele & Freeman/Pegasus (LBl Architects) 4. Manhattan Construction (Brinkley Sargent) 5. Yates Construction/Warrior Group (Perkins + Will)

Financial Impact This project is included in Dallas County's MCIP Fund. The final cost for the design and construction of the facility will be negotiated with the firm selected through the qualifications process.

Legal Impact This solicitation was conducted under Local Government Code, Chapter 271.119. The District Attorney's Office, Civil Division will assign an attorney to prepare the contract documents and participate in negotiations. In the event a contract cannot be ne90tiated with the recommended firm, negotiations will be formally terminated and negotiations will begin with the second rank firm. This process will continue until an acceptable contract is reached.

Strategic Plan Compliance This project supports Objective 5.3 of the Dallas County Strategic Plan by improving the appearance and effectiveness of County facilities.

Recommendation The evaluation committee recommends the award of SOQ 2010-024-4844 Statement of Qualifications for Design/Build Services for a New Grand Prairie Subcourthouse to GSRIAndrade + HWH, LLP and the initiation of contract negotiations for the project in accordance with Local Government Code, Chapter 271.119.

DALLAS COUNTY PUBLIC WORKS

lbb

November 9, 2010

MEMORANDUM

TO:

FROM:

Commissioners Court /

Selas Camarillo, Assistant Director - Property Division

10 NOV I 0 PM I: 08

SUBJECT: Amendment No. I to Ibe Tax Foreclosure Resale Contract/Conveyance Documents

BACKGROUND

Commissioners Court Order 2004-630, dated April 6, 2004, adopted the Public Works Department's Policies and Procedures for disposing of delinquent tax properties struck off to Ibe County of Dallas at the Sheriff s Sale. Included in the Policies and Procedures adopted by Ibe Commissioners Court are Ibe official contract documents and conveyance document (Quitclaim Deed) used by Ibe Dallas County Public Works Department to sell tax foreclosure properties to Ibird party purchasers.

It has been Ibe understanding of this department, the City of Dallas, and olber taxing units that the purchaser of struck off properties (after Sheriffs Sale) acquires the property free and clear of post judgment liens which merge at the time of resale. This was thought to be unlike a purchaser at the original tax sale (at Sheriffs Sale) who acquires the property subject to post judgment tax liens.

In July 2009, counsel for Ibe City of Garland requested that Dallas County accept an offer the City had received from Habitat for Humanity on a tax foreclosure property with ten years of post judgment taxes. Said request was conditioned on the requirement that the taxing units waive the ten years of post judgment taxes, penalties and interest, which prompted this department to pursue a formal legal opinion from the law firm of Linebarger, Goggan, Blair & Sampson, LLP (LGBS). The opinion received from LGBS on August 12, 2010, recommended Dallas County reject counsel's proposal, stating Sections 33.52(d) and 34.01(1) of the Tax Code clearly establish that the ten years of post judgment taxes, penalties, and interest are not extinguishable and the taxing units were authorized to recover these amounts.

Based on this legal opinion, staff proposes to amend the policies and procedures outlined in Dallas County Code, Section 62-127, to add language advancing awareness of Purchasers responsibility to pay post judgment taxes, penalties, interests and costs associated with the purchase of tax foreclosure properties struck off to Dallas County. All proposed additions, attached hereto, are underlined and grayed for ease of reference.

STRATEGIC PLAN COMPLIANCE

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

IMPACT ON OPERATIONS

Inclusion of the proposed language wi II give notice to all potential purchasers of tax foreclosure properties of their responsibility to be aware of all costs associated with the purchase of a struck off property. This should serve to lessen the time employees spend explaining the process and to ensure the information is disseminated to all eqUally_

411 Elm Street, 4th Floor Dalla~, Texas 75202 (214) 653-7151

Commissioners Court Page 2 November 9,2010

LEGAL INFORMATION

167

According to LGBS, the Court of Appeals in March 2008 ruled that the Property Tax Code, Section 33.52(d) permits a taxing entity to collect delinquent taxes owed to it by "any remedy provided by this title." The Court further examined whether there is a distinction between a purchaser at the original tax sale and a purchaser at a tax resale. The Court noted in its analysis that in 2001, proposed Senate Bili 880 and House Bill 490 attempted to amend the Property Tax Code, Sections 33.52(d) and 34.01(f) by extinguishing the post judgment tax liens, and if adopted would have precluded the taxing units from recovering these liens. The Legislature's rejection of attempts to resell tax foreclosed properties free and clear of post judgment liens is evidentiary of its intent to authorize the recovery of post judgment liens after the original tax sale or resale.

Section 33.52(d) now provides that a taxing unit's claim to post judgment taxes is not affected by the entry of the judgment of a tax sale conducted under that judgment, and that post judgment taxes may be collected following a tax sale by any remedy provided by the Property Tax Code. Section 34.0 I (I) now provides that notwithstanding that property is bid off to a taxing unit, a taxing unit that establishes a tax lien in the suit may continue to enforce collection of any amount for which a former owner of the property is liable to the taxing unit including any post judgment taxes, penalties, and interest in any manner provided by law.

PERFORMANCE MEASURES IMPACT

Amendment No. I of the Tax Foreclosure Resale Policy with the inclusion of the amended post judgment language will allow the department to move forward in meeting its performance measures for FY 20 II. The Property Division has tentatively scheduled the next tax foreclosure sealed bid for Spring 20 II.

FINANCIAL IMPACT

In order for a tax foreclosure property with significant post judgment liens to be appealing to a typical purchaser, the taxing unit will need to consider both the taxes and costs included in the judgment and post judgment taxes. Accordingly, when setting the minimum bid amounts or in evaluating an offer, consideration needs to be given to purchasers' additional cost of post judgment tax liens, in order to set the minimum bid amount proportionately and avoid situations where properties are offered for resale over market value. Only taxes included in the judgment can be extinguished frcm the resale. Post judgment taxes or taxes not included in the judgment cannot be extingnished.

RECOMMENDATION

The Director of Public Works recommends that the Commissioners Court approve Amendment No.1 to the Tax Foreclosure Resale Policy adopted by Court Order 2004-630 dated April 6, 2004, and authorize the inclusion of Amendment No.1 to Section 62-127 of the Dallas County Code.

Commissioners Court Page 2 November 9, 2010

10(:)

If the Commissioners Court agrees, a court order authorizing the above matters will be placed on the next regular agenda

APPROVED BY:

w~·<'K""'air, P.E. Ir ctor of Public Works

~ PAE;KARlkar/SC 't- KJPropertyIPDfPam/P&PfPoIicyAmd 1 11 ~20 IO.Brf.doc C:JMyDocuments:/dtax!P&PfPolicyAmendl 11-2010.Brfdoc

Attachment

cc: Gordon Hikel, Civil District Attorney's Office John R. Ames, CTA, Tax Assessor/Collector Sheila Fuqua Carter, Partner, Linebarger, Goggan, Blair & Sampson, LLP

169

(Ord. No. 2004-630, 4-6-2004)

Sec. 62-121. Conveyance document. (a) The county will execute a quitclaim deed which will contain an acknowledgment that the property is subject to the prior owners' right of redemption, if any, and that the property is being purchased "as is, where is" and "with all faults" and the county has no responsibility for the condilion of the property. All sales are "as is" to the successful bidder on a buyer beware basis.

A sample quitclaim deed is attached hereto as attachment 1. (b) A modified quitclaim deed will be used to comply with the procedures and restrictions of Civil Order No. 5281, styled United States v. Texas, Civil Order No. 5281 (E.D. Tex., August 9 and 15, 1913), either as a: (1) reverter, or (2) deed restriction, when the school district's consent, required under V.T.CA, Tax Code § 34.05(i), is conditioned on county, as trustee, complying with the procedures and restrictive covenants of said orders.

A sample quitclaim deed is attached hereto as attachment 1-1. (Ord. No. 2004-630, 4-6-2004)

EXHIBIT A. BID AND PURCHASE AGREEMENT INSTRUCTIONS FOR BID

NO. XXXX-XXX-XXX You must submit a completed bid or it may be disqualified.

(1) Do not enter vacant structures. (2) Read carefully the general conditions for bids. (3) Attach the deposit (cashier's check/money order) to the bid form. (4) Complete all the following: a. Sign the bid; b. Sign attachment 2--No Title-Policy Statement; c. Sign attachment 3--No Conflict of Interest Statement; d. Sign and Notarize attachment 4-Affidavit. (5) Submit your bids for each property in a separate sealed envelope to: Purchasing Department, 509 Main Street, 6th Floor, Room 623, Dallas, Texas 75202, with the following typed on the exterior: For: Tax Sale-Bid No. xxxx-xxx-xxx Address:_--''-;;::-7 To Be Opened: (Date) ___ _ At: (time ) Be sure all envelopes have the address of the property bid on! (6) All bids must be received at the Purchasing Department, 509 Main Street, 6th Floor, Room 623, Dallas, Texas 75202, no later than 2:00 p.m. on(bid opening date} . (7) The bidder need not be present at the bid opening. (8) All sales are subject to and conditioned upon approval by the county commissioners court, and each taxing unit entitled to receive proceeds of the sale under the judgment.

COUNTY OF DALLAS BID AND PURCHASE AGREEMENT

BID NO. XXXX-XXX-XXX Bids will be received until 2:00 p.m. on (date)

To: Dallas County Purchasing Department 509 Main Street, 6th Floor, Room 623 Dallas, Texas 75202

Conveyance Document Page 1 of 19

170

I, --:--;--;;--:-_-;--:; hereafter called "bidder," hereby submit this bid for the purchase (:h f II d·b d rt o teo oWlnQ escn e prope y:

Address:

Legal Description: (Lot, Block, Addition and/or Abstract No.)

Bid Amount

Deposit Amount

The bidder understands and agrees that on all bids of $20,000.00 or less, the bidder IS

required to include a deposit in the form of a cashier's check or money order payable to the county in the amount of $1 ,000.00 or the purchase price, whichever is less. For bid amounts greater than $20,000.00, the bidder must include a cashier's check or money order payable to the county for the required ten percent of the bid amount. Cash money will not be accepted.

CONDITIONS OF BID AND ACCEPTANCE; READ CAREFUllY.

(1) The land and/or improvements described above shall hereafter be referred to as "the property." (2) The bidder understands that the county hereafter called "the seller" acquired the property through a tax foreclosure sale. (3) The bidder understands and agrees that immediately upon acceptance of this bid by the seller, this bid becomes a binding and enforceable contract upon the bidder, his heirs, assigns, successors in interest, executors and administrators, provided that such acceptance occurs before the seller receives any written revocation signed by the bidder and sent to the seiler by certified or registered mail. (4) Acceptance by the seller shall occur immediately upon the county commissioners court issuing an order accepting the bidder's bid, whether or not the bidder had knowledge of the acceptance and whether or not any other taxing units have given their approval to the sale prior to the seller's acceptance. (5) The bidder contracts and agrees that it is his sole obligation to make aI/ inspections deemed necessary by the bidder prior to the submission of this bid. Such inspections shall include, but not be limited to, all matters of title, zoning, building codes, ordinances, deed restrictions, easements, rights-of-way, encroachments, conditions and reservations, mineral reservations, judgments, code enforcement liens, demolition liens, tax consequences, physical or environmental conditions, availability of access, ingress or egress, operating history or projection, valuation, governmental approvals,

. governmental regulations, or any other matter or thing relating to or affecting the property including, without limitations: a. The value, condition, merchantability, marketability, profitability, suitability or fttness for a particular use or purpose of the property; b. The manner or quality of the construction or materials incorporated into any of the property; and c. The type, manner and quality of the land, soil condition, hazardous or other governmental regulated materials in or upon the land, buildings, structures and the state of repair, or lack of repair, of the property. (6) The bidder contracts and agrees that with respect to the property, the bidder has not relied upon and will not rely upon, either directly or indirectly, any oral contracts, representations or warranties of the seller, or any agent or affiliate of the seller, if any, and that no sllch contract, representations or warranties have been made. The bidder


1 7 1

represents and warrants that the bidder is a knowledgeable bidder of real property and is relying solely on the bidder's own expertise and that of the bidder's consultants and that the bidder has conducted such inspections and investigations of the property as the bidder deems necessary including, but not limited 10, the physical and environmental conditions thereof. The bidder contracts and represents Ihat he shall rely solely upon what he, through his own investigations, tests and research has learned. (7) At the closing, the bidder does and shall assume all risks that adverse matters including, but not limited 10, adverse physical and environmental conditions or ownership and title issues may not have been revealed by the bidder's inspections and investigations. The bidder acknowledges and agrees Ihat the property is sold and

the seller and the bidder "as and with all faults."

understands that he is responsible the pro rata (current year) property taxes from the so long as the bidder owns the property. (9) The bidder further understands and agrees that the seller acquired the property by a tax foreclosure sale and that he is familiar with the legal issues that are involved in that type of real estate sale, including the subsequent resale to him and of the risks and limitations of such sales. The bidder represents that he is equally as knowledgeable as the seller is in these matters. (10) a. The bidder agrees to accept a quitclaim deed to the property. The bidder understands that there are no warranties or guarantees associated with a quitclaim deed and that such deed conveys only what interest the seller has acquired in the property, if any. The bidder understands and agrees that the quitclaim deed(s) to these properties will contain an acknowledgment that the property is subject to the prior owner's right of redemption, if any. A sample copy of the quitclaim deed is attached hereto as attachment 1. b. The bidder agrees to accept a modified quitclaim deed to the property if the school districts consent required under Section 34.05(i) of the Tax Code, is conditioned on the County, as Trustee, complying with the procedures and restrictive covenants required by United States VS. Stale of Texas, Civil Order No. 5281 (E.D. Tex, August 9 and 15, 1973) or the September 10, 1990 Order, said restrictive covenants, either as a: (1) reverter, or (2) deed restriction, is attached hereto as attachment 1-1. (11) The bidder understands and agrees that he is solely responsible and obligated for any and all outstanding liens, pending or subsequent code enforcement actions, current and subsequent notices of nuisance or hazardous or regulated material abatement, or any mitigation and of all repair or demolition orders, if any. (12) The bidder understands, contracts and agrees that the seller shall have no responsibility for or liability arising from the accuracy of any matter, fact or thing relating to the property. The seller is not obligated and will not provide or pay for a survey, plat, phase one environmental study or other related documents. However, the bidder may do so at his sole cost and expense. (13) The bidder understands and agrees that the county will retain the top three highest bid deposits submitted until an award is made by the county commissioners court and that all other bid deposits will be returned at the bid opening or upon request of the unsuccessful bidder. The seller's responsibility to return the deposit to the bidder shall extend only to depositing it in the US mail on or before 30 days from the date the proposal is rejected.


1 (L

(14) Within 30 days of notification of acceptance of the bidder's bid by the county commissioners court, the bidder shall close on the property by paying the balance of the purchase price to the county by cashier's check or money order, unless such time period is reduced or extended by a written agreement of the undersigned and the seller. The bidder understands and agrees that if the bidder is unable or refuses to timely close on the property and accept a quitclaim deed for any reason whatsoever, except through fault of the seller, this contract may be terminated at the seller's sale discretion and bidder's ENTIRE deposit, shall be forfeited to the seller. (15) The bidder hereby represents to the seller thai in executing this agreement he is financially capable of obtaining and has ready access to sufficient funds to pay the balance of the bid amount/purchase price in a timely manner. (16) The bidder understands and agrees that the county commissioners court has the right and reserves the right to reject any and all bids for any or no reason and that all bids are subject to the approval of each taxing unil entitled 10 receive proceeds from this sale which taxing units are: , , and -:-:-:-:--_...,,-__ (17) The bidder understands and agrees that the seller will not provide a title policy and the bidder agrees 10 sign a no title-policy statement, which is attached hereto as attachment 2. The bidder acknowledges that he may, prior to closing, purchase a title policy at his sole cost and expense. (18) The bidder understands and agrees that the seller requires all prospective bidders to sign a no conflict of interest statement, which is attached hereto as attachment 3. (19) The bidder does hereby release any and all rights, claims and causes of action at Jawor in equity, that he may now have or may acquire in the future against the seller, its officers, agents and employees, in connection with this bid and the subsequent sale to him, if any. (20) The bidder understands, specifically agrees, and does hereby fully release, indemnify and hold harmless the seller from any claims, demands or causes of action arising from any misrepresentations, failures of disclosure, errors, any acts or commission or omission or any other negligent, intentional or wrongful acts or failure to act by the county, arising from or pertaining to, directly or indirectly, this bid, acceptance, sale and the subsequent closing of this transaction. (21) By submitting this bid, the bidder hereby immediately and unconditionally fully and completely releases any rights, claims, actions and causes of action he may now have or may acquire in the future, against the county, the county sheriff'S department, the county sheriff in his individual capacity, and all laxing units who have an interest in this property for failure to properly advertise or conduct the tax foreclosure sale on this property wherein the county became the owner of the property through the sheriff's deed to the county, including the subsequent sale to the bidder. The bidder has been advised to check the appropriate records concerning the tax foreclosure sale before submitting this bid. (22) Upon the bidder's death or mental incapacity, occurring before the closing, this agreement shall become nUll, void and unenforceable and the seller shall have no further obligation to the bidder, his estate, or his legal representatives, heirs, executors or administrators. The bidder hereby waives and releases to the county any rights, claims or causes of action he may have to an award of damages or a conveyance of the property, in the event of his death or mental incapacity. (23) The bidder represents and states that he has no outstanding county judgments, tax delinquencies or fees owed to the county and has executed and notarized the appropriate affidavit to that effect which is attached hereto as attachment 4. (24) Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail,


1 3

postage fully prepaid, registered or certified mail, addressed 10 the intended recipient at the address shown below. Any address changes shall be effective only by receipt of a written notice senllo all parties to this contract by certified mail. (25) The bidder states that he is a ware that this property may have been declared a public nuisance and/or a public health, safety and fire hazard. The bidder agrees that it is his sale responsibility to verify the condition and status of the property and states that before signing this bid and purchase agreement he personally contacted, or caused his agents or employees 10 contact, the city, city/county fire marshal and the health department within whose jurisdiction this property is situated and has been made aware of any citations, restrictions, public nuisances, health, safety and fire hazards that may exist on this property. The bidder understands and agrees that any such nuisances, health, safety and fire hazards, if any, shall be the bidder's sole responsibility, obligation and expense to immediately abate. The bidder hereby releases, indemnifies, holds harmless and shall defend the seller from any and all claims, demands, causes of action, litigation expenses, attorney's fees, liabilities, warranties and guarantees associated with or arising out of the seller's conveyance of this property to the bidder and the property's status or condition and whether or not such claims, demands and causes of action arise from the negligence, intentional tort, warranties or guarantees of the seller, its officers, agents, or employees, or from the bidder, or any third party, their officers, agents and employees. (26) The bidder agrees that if the property is to be conveyed to any name other than that of the person or entity making this bid, this fact must be set out at the time of the bid and contained in the bid. Conveyance of the property shall be made and accepted, subject to any and all easements, restrictions, reservations, title exceptions, liens and other instruments of record adversely affecting the property, either directly or indirectly. (27) The seller shall have the absolute right to waive all irregularities, nonconformities and technicalities, and/or accept or reject this bid and all other bids on this property at any time for any or no reason Whatsoever, and there are no implied guarantees to negotiate or sell the properties at all or even at the minimum bid amount. The seller reserves the right to withdraw this property from any sale prior to closing. (28) The bidder understands and agrees that this contract and all the terms and conditions therein shall survive the closing of the property and shall not merge into it. (29) All sales are subject to and conditioned upon approval by the county commissioners court and each taxing unit entitled to receive proceeds of the sale under

. d t the JU jqmen .

Bidder's Signature:

Date:

Print Name:

Address:

City: State ZIP

Telephone: ( )

Fax: ( ) Please print exactly the name(s) as they should appear on the deed If different In any way from the above:

All bids must be signed by hand.


1 (4

To obtain a copy of the bid documents, please call the county purchasing department at 214-653-6573. For additional information conlacl Dallas County Public Works Department, 411 Elm Street, Dallas, Texas 75202. 214-653-6409; 214-653-6406 (Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS

COUNTY OF DALLAS

A IT ACHMENT 1 TO EXHIBIT A

QUITCLAIM DEED

KNOW ALL PERSONS BY THESE PRESENTS:

. . ... THAT the County of Dallas, Texas, a political subdiVISion of the State of Texas, In

its own behalf, and on behalf of the Dallas County Community Col/ege Districl, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of -=-:---:-:::-:-:-:-;_--,-' a municipal corporation, the Independent School District, and the Dallas County Education District, (hereinafter "grantors"), for and in consideration of the sum of , and other good and valuable consideration, the receipt of which is hereby acknowledged, releases, quitclaims and surrenders to the Grantee such title or interest as grantors may have, 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 Volume , Page of the Deed Records of Dallas County, Texas, and by these presents and in accordance with Court Order No. , approved by the Dallas County Commissioners Court on and with the consent, approval and on behalf of aI/ relevant taxing authorities, does hereby release, quitclaim and surrender, subject to the terms, conditions, prOVisions, and restrictions herein set forth, unto grantee herein, all the rights, title and interests, if any, in and to the following described real property situated in Dallas County, Texas, to wit:

Legal Description This quitclaim is made subject to and grantee acknowledges the right of redemption as provided in V.T.CA, Tax Code §§ 34.05 and 34.21.

In accepting the quitclaim of the property, grantee expressly accepts the property in an "as is" condition, with all its faults, 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 the advertising for and the conduct of the tax foreclosure sale. Grantee also 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 to grantee. This release is binding on grantee's successors, heirs, and assigns. Grantee has had an opportunity to inspect the property, and grantee is not relying on any representation 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 nrrln.'yfv

pro rata (current year) property taxes from the date of closing and for all taxes in future years while grantee owns the property. TO HAVE AND TO HOLD all of our right, title and interest in and to the above described property and premises subject to the aforesaid, unto the said grantee, his heirs, successors, and assigns forever, so that grantor's and all other relevant taxing


175

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. EXECUTED this the day of , A.D. APPROVED AS TO FORM: COUNTY OF DALLAS, TEXA-:-:-::S'---By: ---,-____ _ (namel Assistant District Attorney, Civil Section: ______ _

(name) County Judge

ACKNOWLEDGMENT

THE STATE OF TEXAS ()

COUNTY OF DALLAS 0 ME, the undersigned authority,

on thIs day personally appeared(name) ,County Judge for the County of Dallas, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the County of Dallas, Texas, a political subdivision of the State of Texas, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of , , the ,---;--:-_,.-__ Independent School District, and the Dallas County Education District for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ___ _ A.D. __ _

Notary Public, State of My Commission Expires

GRANTOR'S ADDRESS: RETURN TO: GRANTOR'S ADDRESS:

County of Dallas 411 Elm Street, 4th Floor Dallas, Texas 75202-3389 Attn: Director of Public Works

(Ord. No. 2004-630, 4-6-2004) ATTACHMENT 1-1 TO

EXHIBIT A QUITCLAIM DEED

Texas

Allowing the Use of a Modified Quitclaim Deed to include Restrictive Covenants Required in the Modified Order issued by the United States District Court of the Eastern District of Texas styled United States v. State of Texas, Civil Order No. 5281 (E.D. Tex., August 9 and 15, 1973), or the September 10, 1990 Order which Provides an Alternative to the Earlier Modified Order, as follows: RESTRICTIVE COVENANTS SPECIFIED IN SECTION J(3) OF THE MODIFIED ORDER (Reverter)

"The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with:


1 (0

"(a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system.

"These restrictions and conditions shall be binding upon GRANTEE, his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date hereof: and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the GRANTOR herein and its successors, this instrument shall be null and void, and GRANTOR and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act of omission upon the part of GRANTOR herein and its successors shall be a waiver of the operation or enforcement of such condition.

"The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation." Or, SUBSTITUTE RESTRICTION ATTACHED TO THE SEPTEMBER 10, 1990 ORDER (Deed Restriction)

"The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed, and complied with: (a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by deSign or otherwise. (b) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system.

These restrictions and conditions shall be binding upon [grantee, lessee, etc.], {name of grantee, lessee, etc.], [his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date thereof.

The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, titie, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successor and assigns, shall be a waiver of the operation or enforcement of such restrictions, but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed.

It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation;


177

(2) As to the restrictions set out in (b) above, any public school district or any person prejudiced by its violation; (3) As to either or both of the restrictions set out in (a) and (b) above, the United States of America, as plaintiff, and the American G.I. Forum, the League of United Latin American Citizens (lULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U. S. v. Texas, Civil Action No. 5281, Tyler Division, U. S. District Court, Eastern District of Texas; reported in U. S. vs. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970): U. S. v. Texas, 330 F. Supp. 235 (E.D. Tex. 1971): affd with modifications sub nom, U. S. v. State of Texas and J. W. Edgar, et al., 447 F. 2d 441 (5 Cir. 1971); stay den. Sub nom. Edgar v. U. S., 404 U. S. 1206 (1971); cert den. 404 U. S. 1016 (1972).

It is further covenanted, that in case of a violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above-described realty; . (8) To abate or prevent violations of either or both of such restrictions: and (C) To recover damages for a breach of either or both of such restrictions.

It is further covenanted, that if any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the court finds that the proceedings were necessary to bring about compliance therewith." (Ord. No. 2004-630, 4-6-2004)

ATTACHMENT 2 TO EXHI81TA

NO TITLE-POLICY STATEMENT IIwe agree to the following: l/we fully understand and acknowledge that a title policy is not being issued by any title company, nor has one been requested, and a title company has made no new title search regarding the property to this transaction, to wit:

IIwe acknowledge that a title company has made no representations as to the title of the above referenced property, and I/we fully agree that IIwe will hold harmless and indemnify the County of Dallas from any defects in title of the above referenced property.

Signature Signature

Printed Narne Printed Name

Title Title

Date Date ".

(Ord. No. 2004-630, 4-6-2004)


1 (b

ATTACHMENT 3 TO EXHIBIT A

NO CONFLICT OF INTEREST STATEMENT I/we agree 10 Ihe following: 1. Neither IIwe, nor my/our spouse(s), is/are a County of Dallas officer, employee, or commissioners court appointed member of any board or commission. 2. If bid is submitted on behalf of another person, partnership, corporation or other business entity, IIwe swear and affirm that said other person, partnership, corporation or other business entity shall not have financial interest, direct or indirect, with a Dallas County official, employee, or a commissioners court appointee.

Signature

Printed Name

Date:

(Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS

COUNTY OF DALLAS

)

)

Signature

Printed Name

Date:

ATTACHMENT 4 TO EXHIBIT A AFFIDAVIT


BEFORE ME, the undersigned authority, personally appeared ______ _ who being duly sworn according to law, upon oath deposed as follows:

THAT I have no outstanding judgments, tax delinquencies or fees owed to the

I County of Dallas. I Signature

SUBSCRIBED AND SWORN TO BEFORE ME, on the day of _________ , to certify which witness my hand and official seal.

NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS

(Print or Type Name)

Commission expires:

(Ord. No. 2004-630, 4-6-2004)


I

179

EXHIBIT B. COUNTY OFFER AND PURCHASE AGREEMENT

ff d The following is the county's 0 er an purchase agreement:

To: Director of Public Works

County of Dallas

Elm Street, 4th Floor

Dallas, Texas 75202-3389

" " I, -,----:-...,....-::--c--.' hereafter called the purchaser, hereby submit this offer for the purchase of the following described property:

Address:

Legal description: (Lot, block, addition and or abstract no.)

Purchase amount: $

Deposit amount: $ The purchaser understands and agrees that on all offers of $20,000.00 or less, the purchaser is required to include a deposit in the form of a cashier's check or money order payable to the County of Dallas in the amount of $1,000.00 or the purchase amount, whichever is less. For offer amounts greater than $20,000.00, the purchaser must submit a deposit in the form of a cashier's check or money order payable to the County of Dallas for ten percent of the purchase price. Cash money will not be accepted.

CONDITIONS OF OFFER AND ACCEPTANCE READ CAREFULLY

(1) The land and/or improvements described above shall hereinafter be referred to as "the property." (2) The purchaser understands that the county, hereafter called "the seller" acquired the property through a tax foreclosure sale. (3) The purchaser understands and agrees that immediately upon acceptance of this offer by the seller, this offer becomes a binding and enforceable contract upon the purchaser, his heirs, assigns, successors in interest, executors and administrators, provided that such acceptance occurs before the seller receives any written revocation signed by the purchaser and sent to the seller by certified or registered maii. (4) Acceptance by the seller shall occur immediately upon the commissioners court issuing an order accepting the purchaser's offer, whether or not the purchaser had knowledge of the acceptance and whether or not any other taxing units have given their approval to the sale prior to the sellers acceptance. (5) The purchaser contracts and agrees that it is his sole obligation to make all inspections deemed necessary by the purchaser prior to the submission of this offer. Such inspections shall include, but not be limited to, all matters of titie, zoning, building codes, ordinances, deed restrictions, easements, rights-of-way, encroachments, conditions and reservations, mineral reservations, judgments, code enforcement liens, demolition liens, tax consequences, physical or environmental conditions, availability of access, ingress or egress, operating history or projection, valuation, governmental approvals, governmental regulations, or any other matter or thing relating to or affecting the property including, without limitations, (1) the value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the


180

property; (2) the manner or quality of the construction or materials incorporated into any of the property; and (3) the type, manner and quality of the land, soil condition, hazardous or other governmental regulated malerials in or upon the land, buildings, structures and the state of repair, or lack of repair, of the property. (6) The purchaser contracls and agrees that with respect to the property, the purchaser has not relied upon and will not rely upon, either directly or indirectly, any oral contracts, representations or warranties of the seller, or any agent or affiliate of the seller, if any, and that no such contract, representations or warranties have been made. The purchaser represents and warrants thai the purchaser is a knowledgeable purchaser of real property and is relying solely on the purchaser'S own expertise and that of the purchaser's consultants and that the purchaser has conducted such inspections and investigations of the property as the purchaser deems necessary including, but not limited to, the physical and environmental conditions thereof. The purchaser contracts and represents that he shall rely solely upon what he, through his own investigations, tests and research has learned. (7) At the closing, the purchaser does and shall assume all risks that adverse matters including, but not limited to, adverse physical and environmental conditions or ownership and title issues may not have been revealed by the purchaser's inspections and investigations. The purchaser acknowledges and agrees that the property is sold and conveyed by the seller and accepted by the purchaser, "as is, where is, and with all faults."

lderst'3ndls that he is responsible for pro rata (current year) property taxes the date

future years so long as the purchaser owns the property. (9) The purchaser further understands and agrees that the seller acquired the property by a tax foreclosure sale and that he is familiar with the legal issues that are involved in that type of real estate sale including the subsequent resale to him and of the risks and limitations of such sales. The purchaser represents that he is equally as knowledgeable as the seller is in these matters. (10) a. The purchaser agrees to accept a quitclaim deed to the property. The purchaser understands that there are no warranties or guarantees associated with a quitclaim deed and that such deed conveys only what interest the seller has acquired in the property, if any. The purchaser understands and agrees that the quitclaim deeds to these properties will contain an acknowledgment that the property is subject to the prior owner's right of redemption, if any. A sample copy of the quitclaim deed is attached hereto as attachment 1. b. The purchaser agrees to accept a modified quitclaim deed to the property if the school districts consent required under Section 34.05(i) of the Tax Code, is conditioned on the County, as Trustee, complying with the procedures and restrictive covenants required by United States VS. State of Texas, Civil Order No. 5281 (E.D. Tex, August 9 and 15, 1973) or the September 10, 1990 Order, said restrictive covenants, either as a: (1) reverter, or (2) deed restriction, is attached hereto as attachment 1-1. (11) The purchaser understands and agrees that he is solely responsible and obligated for any and all outstanding liens, pending or subsequent code enforcement actions, current and subsequent notices of nuisance or hazardous or regulated material abatement or any mitigation and of all repair or demolition orders, if any. (12) The purchaser understands, contracts and agrees that the seller shall have no responsibility for or liability arising from the accuracy of any matter, fact or thing relating


1 8 1

to the property. The seller is not obligated and will not provide or pay for a survey, plat, phase one environmental study or other related documents. However, the purchaser may do so at his sale cost and expense. (13) Within 30 days of notification of acceptance of the purchaser's offer by the commissioners court, the purchaser shall close on the property by paying the balance of the purchase price to the county by cashier's check or money order, unless such time period is reduced or extended by a written agreement of the undersigned and the seiler. The purchaser understands and agrees that if the purchaser is unable or refuses to timely close on the property and accept a quitclaim deed for any reason whatsoever, except through fault of the seiler, this contract may be terminated at the sel/er's sole discretion and the purchaser's ENTIRE deposit shall be forfeited to County. (14) The purchaser hereby represents to the seller that in executing this agreement he is financially capable of obtaining and has ready access to sufficient funds to pay the balance of the purchase price in a timely manner. (15) The purchaser understands and agrees that the commissioners court has the right and reserves the right to reject any and all offers of purchase for any or no reason and that all offers are subject to the approval of each taxing unit entitled 10 receive proceeds from this sale which taxing units are:"7 __ --:': (16) The purchaser understands and agrees that the seiler will not provide a title policy and the purchaser agrees to sign a no title-policy statement, which is attached hereto as attachment 2. The purchaser acknowledges that he may, prior to closing, purchase a title policy at his sole cost and expense. (17) The purchaser understands and agrees that the seller requires all prospective purchasers to sign a no conflict of interest statement, which is attached hereto as attachment 3. (18) The purchaser does hereby release any and all rights, claims and causes of action at law or in equity, that he may now have or may acquire in the future against the seller, its officers, agents, and employees, in connection with this offer and the subsequent sale to him, if any. (19) The purchaser understands, specifically agrees, and does hereby fully release, indemnify and hold harmless the seller from any claims, demands or causes of action arising from any misrepresentations, failures of disclosure, errors, any acts or commission or omission or any other negligent, intentional or wrongful acts or failure to act by the county, arising from or pertaining to, directly or indirectly, this offer, acceptance, sale, and the subsequent closing of this transaction. (20) By submitting this offer, the purchaser hereby immediately and unconditionally fully and completely releases any rights, claims, actions and causes of action he may now have or may acquire in the future, against the county, the county sheriffs department, the county sheriff in his individual capacity, and all taxing units who have an interest in this property for failure to properly advertise or conduct the tax foreclosure sale on this property wherein the county became the owner of the property through the sheriffs deed to the county, including the subsequent sale to the purchaser. The purchaser has been advised to check the appropriate records concerning the lax foreclosure sale before submitting this offer. (21) Upon the purchaser's death or mental incapacity, occurring before the closing, this agreement shall become null, void and unenforceable, and the seller shall have no further obligation to the purchaser, his estate, or his legal representatives, heirs, executors or administrators. The purchaser hereby waives and releases to the county any rights, claims, or causes of action he may have to an award of damages or a conveyance of the property, in the event of his death or mental incapacity.


1 0

(22) The purchaser represents and states that he has no outstanding county judgments, tax delinquencies or fees owed to the county and has executed and notarized the appropriate affidavit to that effect which is attached hereto as attachment 4. (23) Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United Stales mail, postage fully prepaid, registered or certified mail, addressed to the intended recipient at the address shown below. Any address changes shall be effective only by receipt of a written notice sent to all parties to this contract by certified mail. (24) The purchaser states that he is aware that this property may have been declared a public nuisance and/or a public health, safety and fire hazard. The purchaser agrees that it is his sole responsibility to verify the condition and status of the property and states that before signing this offer and purchase agreement he personally contacted, or caused his agents or employees to contact, the city, city/county fire marshal and the health department within whose jurisdiction this property is situated and has been made aware of any citations, restrictions, public nuisances, health, safety and fire hazards that may exist on this property. The purchaser understands and agrees that any such nuisances, health, safety and fire hazards, if any, shall be the purchaser's sole responsibility, obligation and expense to immediately abate. The purchaser hereby releases, indemnifies, holds harmless and shall defend the seller from any and all claims, demands, causes of action, litigation expenses, attorney's fees, liabilities, warranties and guarantees associated with or arising out of the seller's conveyance of this property to the purchaser and the property's status or condition and whether or not such claims, demands and causes of action arise from the negligence, intentional tort, warranties or guarantees of the seller, its officers, agents or employees, or from the purchaser, or any third party, their officers, agents and employees. (25) The purchaser agrees that if the property is to be conveyed to any name other than that of the person or entity making this offer, this fact must be set out at the time of the offer and contained in the offer. Conveyance of the property shall be made and accepted subject to any and all easements, restrictions, reservations, title exceptions, liens and other instruments of record adversely affecting the property either directly or indirectly. (26) The seller shall have the absolute right to accept or reject this offer and aI/ other offers on this property at any time for any or no reason whatsoever, and there are no implied guarantees to negotiate or sell the properties at all. The seller reserves the right to withdraw this property from any sale prior to closing. (27) The purchaser understands and agrees that this contract and a/l the terms and conditions therein shall survive the closing of the property and shall not merge into it. (28) All sales are subject to and conditioned upon approval by the commissioners court, and each taxing unit is entitled to receive proceeds of the sale under the . d t JUJQmen.

Purchaser's Signature:

Print Name:

Date:

I Address:

City:

Telephone: ( )


183

I Fax: ( )

Please print exactly the name(s) as they should appear on the deed if different in any way from the above:

All offers must be signed by hand. (Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS

ATTACHMENT 1 TO EXHIBITB

QUITCLAIM DEED


COUNTY OF DALLAS . . . . . ..

THAT the County of Dallas, Texas, a political subdivISion of the State of Texas, In Its own behalf, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of -,:-.,.-_:::-,-,.-:--:----,-' a municipal corporation, the Independent School District, and the Dallas County Education District, (hereinafter "grantors"), for and in consideration of the sum of and other good and valuable consideration, the receipt of which is hereby acknowledged, releases, quitclaims and surrenders to the grantee such title or interest as grantors may have, 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 Volume , Page , of the Deed Records of Dallas County, Texas, and by these presents and in accordance with Court Order No. , approved by the Dallas County Commissioners Court on

and with the consent, approval and on behalf of all relevant taxing authorities, does hereby release, quitclaim and surrender, subject to the terms, conditions, provisions, and restrictions herein set forth, unto , grantee herein, all the rights, title and interests, if any, in and to the following described real property situated in Dallas County, Texas, to wit:

Legal Description This quitclaim is made subject to and grantee acknowledges the right of redemption as provided in V.T.CA, Tax Code §§ 34.05 and 34.21. In accepting the quitclaim of the property, grantee expressly accepts the property in an "as is" condition, with all its faults, 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 the advertising for and the conduct of the tax foreclosure sale. Grantee also 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 to grantee. This release is binding on grantee's successors, heirs, and assigns. Grantee has had an opportunity to inspecllhe property, and grantee is not relying on any representation 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 and .

or fire hazards. Grantee I liable for

pro rata (current year) property taxes from the date of closing and for all taxes in future years while grantee owns the property.


1t)4

TO HAVE AND TO HOLD all of our right, title and interest in and to the above described property and premises subject to the aforesaid, unlo the said grantee, his heirs, successors, and assigns forever, so that granlor's and all other relevant laxing 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. EXECUTED this the day of , AD. APPROVED AS TO FORM: COUNTY OF DALLAS, TEXA.,-:-:Sc----By: --:-____ _ (name) Assistant Distriel Attorney, Civil Section: ______ _ (name) County Judge

ACKNOWLEDGMENT

THE STATE OF TEXAS 0 COUNTY OF DALLAS 0

ME, the undersigned authority,

on thiS day personally appeared(name) ,County Judge for the County of Dallas, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the County of Dallas, Texas, a pOlitical subdivision of the State of Texas, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of , the Independent School District, and the Dallas County Education District for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this dayof ____ . A.D. ___ _

Notary Public, State of Texas My Commission Expires -==:-:-::-:-:-. GRANTOR'S ADDRESS: RETURN TO: County of Dallas 411 Elm Street, 4th Floor Dallas, Texas 75202-3389 Attn: Director of Public Works (Ord. No. 2004-630, 4-6-2004)

ATTACHMENT 1-1 TO EXHIBITB

QUITCLAIM DEED Allowing the Use of a Modified Quitclaim Deed to include Restrictive Covenants Required in the Modified Order issued by the United States District Court of the Eastern District of Texas styled United States v. State of Texas, Civil Order No. 5281 (E.D. Tex., August 9 and 15, 1973), or the September 10, 1990 Order which Provides an Alternative to the Earlier Modified Order, as follows: RESTRICTIVE COVENANTS SPECIFIED IN SECTION J(3) OF THE MODIFIED ORDER (Reverter) "The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with:


185

"(a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system.

"These restrictions and conditions shall be binding upon GRANTEE, his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date hereof: and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the GRANTOR herein and its successors, this instrument shall be null and void, and GRANTOR and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act of omission upon the part of GRANTOR herein and its successors shall be a waiver of the operation or enforcement of such condition.

"The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation." Or, SUBSTITUTE RESTRICTION ATTACHED TO THE SEPTEMBER 10, 1990 ORDER (Deed Restriction)

"The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed, and complied with: (a) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system.

These restrictions and conditions shall be binding upon [grantee, lessee, etc.], {name of grantee, lessee, etc.], [his heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date thereof.

The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, titie, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successor and assigns, shall be a waiver of the operation or enforcement of such restrictions, but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed.

It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation;

Conveyance Document Page 11' 0[19

1(:)0

(2) As 10 the restrictions set out in (b) above, any public school district or any person prejudiced by its violalion; (3) As to either or both of the restrictions sel out in (a) and (b) above, the United States of America, as plaintiff, and the American G,1. Forum, Ihe league of Uniled latin American Citizens (lULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U. S. v. Texas, Civil Action No. 5281, Tyler Division, U. S. District Court, Eastern District of Texas; reported in U. S. vs. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U. S. v. Texas, 330 F. Supp. 235 (E.D. Tex. 1971); affd with modificalions sub nom, U. S. v. Siale of Texas and J. W. Edgar, et aI., 447 F. 2d 441 (5 Cir. 1971); stay den. Sub nom. Edgar v. U. S., 404 U.S. 1206 (1971); cart den. 404 U. S. 1016 (1972).

It is further covenanted, that in case of a violation of either or both of the above restrictions, any of the lhird party beneficiaries above alluded 10 is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the abovedescribed realty; (8) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions.

It is further covenanted, that if any third party benefiCiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the court finds that the proceedings were necessary to bring about compliance therewith. (Ord. No. 2004-630, 4-6-2004)

ATTACHMENT 2 TO EXHIBITS

NO TITLE-POLICY STATEMENT IIwe agree 10 the following:

I/we fully understand and acknowledge that a title policy is not being issued by any litle company, nor has one been requested, and a title company has made no new title search regarding the property to this transaction, to wit:

It we acknowledge Ihat a title company has made no representations as to the title of the above referenced property, and It we fully agree that It we will hold harmless and indemnify the County of Dallas from any defects in title of the above referenced property.

Signature Signature

Printed Name Printed Name

Title Title

Date Date

(Ord. No. 2004-630,4-6-2004)


187

ATTACHMENT 3 TO EXHIBIT B

NO CONFLICT OF INTEREST STATEMENT If we agree to the following:

1. Neither IIwe, nor myfour spouse(s), isfare a County of Dallas officer, employee, or commissioners court appointed member of any board or commission.

2. If bid is submitted on behalf of another person, partnership, corporation or other business entity, If we swear and affirm that said other person, partnership, corporation or other business entity shall not have financial interest, direct or indirec!, with a Dallas County official, employee, or a commissioners court appointee.

Signature Signature

Printed Name Printed Name

Date: Date:

(Ord. No. 2004-630, 4-6-2004)

THE STATE OF TEXAS

COUNTY OF DALLAS

)

)

ATTACHMENT 4 TO EXHIBITB AFFIDAVIT


BEFORE ME, the undersigned authority, personally appeared who being duly sworn according to law, upon oath deposed as follows:

THAT J have no outstanding judgments, tax delinquencies or fees owed to the

I County of Dallas. I Signature

SUBSCRIBED AND SWORN TO BEFORE ME, on the day 01 ___ _ , to certifv which witness m hand and official seal.

NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS

(Print or Type Name)

I Commission expires:

(Ord. No. 2004-630, 4-6-2004)


,

188

DALLAS COUNTY OALLASS~0~'lg\Jfn OFFICE OF BUDGET AND EV ALU'Al¥IONiCnL

" .' 2.\ I Q tiO\! -9 M'I \\.

November 16, 2010 TO: Commissioners Court

FROM: Ry@rown, Budget Officer

SUBJECT: Hiring Freeze

The Dallas County Commissioners Court aulborized a "rolling 90 day hiring freeze" for the Fiscal Years 2009 through 2011. Under Ibe "rolling 90 day hiring freeze" any position that becomes vacant must be held vacant for 90 days in addition to the normal encumbrance (paid vacation and compensatory time). Any Elected Official wishing to fill a vacant position before the end of the "rolling 90 day hiring freeze" must notifY Commissioners Court of their intent to fill the position. Any Department Head wishing to fill a vacant position before the end of the 'rolling 90 day hiring freeze" must receive Commissioners Court approval before they can fill Ibe position.

For November 16, 2010 six Elected Officials desired to have their requests related to the "rolling 90 day hiring freeze" be briefed to Commissioners Court.

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

Tax Office - The Tax Office desires to notify Commissioners Court of their intent to hire a Branch Manager, grade D, position #738 which became vacant on September 29, 2010 due to the resignation of the incumbent. Filling Ibis position before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $13,079 in savings opportunity.

District Clerk - The District Clerk desires to notify Commissioners Court of their intent to hire a Clerk I, grade 5, position #4306, and Clerk II, grade 6, position #3693. The Clerk I position laterally transferred to the County Clerk's Office and the Clerk II will voluntarily demote into the Clerk I position. Filling these positions before Ibe expiration of the "rolling 90 day hiring freeze" will cost the County up to $16,209 in savings opportunity.

Criminal District Judges of 363, 204" and 3'd desire to notify Commissioners Court of their intent to hire Court Coordinators, grade EE, position numbers #492, #3719, and #3180. All three Court Coordinators will retire December 31,2010. Filling these positions before the expiration of the "rolling 90 day hiring freeze" will cost the County up to $32,729 in savings opportunity.

Constable Precinct 2 - Constable Gothard desires to notify Commissioners Court of his intent to hire a Deputy, grade 66, position #3237 due to the resignation of the incumbent. Constable Gothard intents to bring back a Rif'd Deputy. Filling this position before the expiration or the "rolling 90 day hiring freeze" will cost the County up to $[4,496 in savings opportunity.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340

(214) 653-6384 {) Fax (214) 653-65"17 1} rwhro\Vn((i!clal1ascOlllll}~_.:DXg

189

DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

November 10, 2010

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Rqrown, Budget Officer

Office of Budget and Evaluation Staff

Conference/Travel/Training Requests

The following departments have requested approval for Conference/Travel/Training. Additional documentation is available for further reference.

Elected Officiais/Departments notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Court approval under State Statues

District Clerk - notifies Commissioners Court that Gary Fitzsimmons will attend the JCIT meeting in Austin, Texas for an update on the Digital Courts on Thursday, November 18, 2010. The estimated cost for the trip is $223.50 for mileage reimbursement and $50 for food reimbursement. The District Clerk will use the District Clerk Records Management Fund to cover the cost associated with attending the meeting.

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

Public Works - requests approval for Jonathan Toffer to attend the 21" Century City Conference Registration on November 12, 2010 in Dallas, Texas at Dallas City Hall. Funding for registration in the amount of$75 will be paid out of the department's DDA. There are no additional costs for staff to attend.

Constable Precinct 5 (Villareal) - requests approval for Constable Villareal to attend a training class in Huntsville, Texas offered by Sam Houston State University from January 16 - 21,2010. The training is a LEMIT course for newly elected constables. The total estimated cost for Constable Villareal to attend is $480.20 plus meal and mileage reimbursement. There is no registration fees associated with the training. Funding is available in the department's DDA to fund her attending the training.

411 Elm Street 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 0 rlwall<jIlli(g~II~lascoLlnlwrg

190

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

Office of Budget and Evaluation - requests approval for Ronica Watkins to attend a grantee orientation "Dallas: Coming Together: Creating and Enhancing Supervised Visitation Services that Account for Domestic Violence" for Dallas County from December 9 - 10, in Dallas, Texas. Office on Violence against Women (OVW) is requiring all 2010 grant recipients to attend the Grantee Orientation. This is a pass through grant to the Family Place where Dallas County fulfills the local unit government agency requirement for funding. The grant will cover registration and mileage reimbursement.

Health and Human Services - requests the following:

a) Blanca Cantu to attend the National Public Health Information Coalition Conference in San Diego, California from October 10 - 13, 2010. This is a re-brief to include an increase of $50 flight change charge. The difference will be reimbursed by grant #8723 -Public Health Preparedness.

b) Joey Stringer to attend the Texas Chemical and Biological Threat Response Annual Meeting in Bandera, Texas from December 8 - 10, 2010. The estimated amount travel is $673 ($318 - mileage reimbursement; $250 - hotel; and $105 - estimated food). Funding is available in grant #8720 - Public Health Preparedness.

c) Mitos Uauder to attend Business Writing Seminar in Dallas, Texas from November 30, 2010 - December 1, 2010. The total estimated amount for travel is $369 (estimated mileage reimbursement - $5; registration fees - $299; parking - $25; and estimated food cost - $40). Funding is available in grant Part A - 65502.

~~~ (/ .. DALLAS COUNTY (e: • I OFFICE OF BUDGET AND EVALUATION

November 10, 2010

To: Commissioners Court

Rya~rown

,-;, "'"- :::::; Q

iii!!; ~J::: r::;,

Through:

From:

Budget Officer

Ronica L. Watkins Budget & Policy Analyst

-." '?:: .l:> ~ _0 r--

........ \J')r-

<::) ~h .::;;:.u, :-t> ,.,., C')

::li: ·~o ~;; c:::

~ c.,.~ --- '.::::>""'" <::) .;::: ""'<

~ ....., Subject: Violence Against Women (VA W A) American Recovery & Reinvestment Act -

Apprehension and Prosecution of Domestic Violence and Sexual Assault Offenders Project

Background The VA WA Recovery Act Apprehension and Prosecution of Domestic Violence and Sexual Assault Offenders Project award acceptance was court ordered on September 7,2010 on Court Order # 201O~ 1480. Approximately $45,000 is allocated in the grant budget for office space and furniture for new personneL

The District Attorney's Office requests authorization from Commissioners Court to use grant funds awarded through the American Recovery & Reinvestment Act of 2009, STOP Violence Against Women Act Program (VA W A Recovery Act) for the bnilding of office space required for new grant funded personnel. The purpose of this briefing is to request approval to fund construction of space for grant staff.

Financial Impact The District Attorney's Office has received a cost estimate from the Dallas County Facilities Management for the framing ofthree (3) offices, approximately 9' by 10', and one (1) storage room, approximately 8' by 8' on the 10th floor ofthe Frank Crowley Courts Building. The cost estimate for the total project is $4,576, including material and labor. The following is the detailed cost estimate:

411 Elm Street ~ 3rd Floor, Dallas Texas 75202-3340 (214) 653·6363. Fax (214) 653·6517· d\\!;;1fkjn:;Cad'lLI;1~i1LIDtY~illg

MATERIAL 3 data drops, @ $180.00 ea, = 4 120 volt wall plugs, @ 50.00 ea = 4 wood door/frame units, @ 235.00 ea = 653-5/8" x 9' metal studs, @ 3.02 ea =

21 sheets 4' x 9' drywali, @ 7.92 ea =

Paint/Texture, etc. = Elect, light switches, wiring, etc.

TOTAL MATERIAL

LABOR 80 Man hrs, @ 19.94 = Painters, 36 man hrs, @ 17.04 =

TOTAL LABOR

Recommendation

192

$540.00 200.00

940.00 196.30 166.32 125.00 200.00

$2,367.62

$1595.20 613.44

$2,208.64

The Office of Budget and Evaluation recommends that Commissioners Court approve this request for the estimated cost of $4,576. Funds will be used from the grant American Recovery & Reinvestment Act of 2009, STOP Violence Against Women Act Program (VA W A Recovery Act).

November Hi, 2010

MISCELLANEOUS

1) COUNTY TREASURER - requests approval to accept the recommendations of the County Treasurer with regards to retaining nine Brokerage Firms and Local Government Investment Pool on the Official Brokerage List and no changes to the Dallas County Investment Policy for 2011.


2) IT SERVICES - requests approval:

a) to purchase 100 hours of Time & Material (T &M) support services for the Sheriff Department's Livescan machines from Cross Match Technologies at a cost of $20,000. The system is not under a maintenance contract (due to age of equipment) and T &M support is all that is available. IT is looking at upgrade options so that the system can be maintained, but having the T &M support available will ensure that the current system is operational until a replacement system has been obtained. Funding to cover the cost of this request is available from the Office of Information Technology budget for IT Maintenance Contracts - 00195.1090.6520. Recommended by the Office of Information Technology.

b) to purchase installation services for desktop computers and printers in the Criminal Courts at the Crowley Building, under the provisions of the contract with TechForce Technologies. To expedite the replacement of 78 computers and 19 printers, whose lack of functionality is impacting the roll-out of digital courts; additional desktop resources will be assigned to this effort. Installation of the computers will be completed within 4 weeks at a not-to-exceed cost of $5,500. Funding to cover the cost of this request is available from the Office of Information Technology budget for IT Supplier Contracts - 00195.1090.6540. Recommended by the Office of Information Technology.

c) to purchase two copies of Adobe Pro 9.0 software for thc Sheriffs Texas STEP Tobacco Enforcement Task Force at a cost of $400. The software will provide the capability to creatc and edit required state reporting documents in PDF formal. Funding is available from Federal Forfeiture Funds (537,91002). Recommended by the Office of Information Technology.

11116/10

194

PURCHASING - requests approval to waive the professional Jiability insurance requirements as outlined in Bid No. 2009-030-4145, Annual Contract for the Purchase and Installation of Pre-Owned Modular Furniture as awarded to Hunter & Associates through October 14,20]0. No claims occurred during this period and the vendor has since provided insurance as required. It is further requested that the Court authorize the Auditor's Office to release any payments in connection with this hold.


4) FACILITIES MANAGEMENT - requests approval:

a) has received a request from the District Attorney's Office Family Violence Division to conduct a Batterer's Intervention and Prevention Program in the Frank Crowley Central Jury Room. District Courts Administration concurs that the program does not present any conflict.

District Attorney's Office in the Family Violence Division is requesting the 1st & 3rd Thursday of each month (January - December, 2011), for the hours ofS-8:00pm:

January 6 February 3 March 3 April 7 MayS June 2 July 7 August 4 September 1 October 6 November 3 December 1

January 20 February 17 March 17 April 21 May 19 June 16 July 21 August 18 September 15 October 20 November 17 December 15

b) to approve a request from the Texas High School Mock Trial Team to conduct a mock trial competition at the George Allen Courts Building. The District Courts Administration concurs and the competition does not present any courtroom conflicts.

I lI16i10

Texas High School is requesting the following schedule: January 29 February I February 3 February 5 February 8 February 12 March 4 March 5

All rooms are pending availability. This request is being submitted subject to eourt room availability

5) COUNTY AUDITOR - request approval to submit the FY20]0 review of overtime, part time, compensatory time earned, accrual leave taken, accrual balances, and compensated absence balances for the period of 09/26/2009 to 09/24/2010. Reports are available on the Dallas County website on the Auditor's homepage.

(http://www.dallascounty.org/departmentiauditor/timeana!ysis.htrnl)

6) COUNTY CLERK'S - requests approval to hire eight (8) temporary workers, at a rate of $12.4] per hour, to assist with the Digital Courts I Imaging Projects starting December 1,2010. The workers will be paid out of the County Clerk's Records Management Fund and win have no financial impact on the General Fund.

(1)

MISCELLANEOUS EQUIPMENT

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

DEPARTMENT: ITEM:

ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

1070 County Auditor 1 - Annual upgrade of W -2 1 1099 Filter for Windows Software $150 Within Budget 120.1 070.02090.0000 (General Fund, County Auditor, Property less than $5,000, FY201l) The County Auditor Department is requesting authorization to purchase a filter for window software. The filter is used to generate 1099 forms and mandatory electronic filing for the Auditor, County Clerk & District Clerk offices. Recommended by the Office of Budget and Evaluation.

(2)

(3)

DEPARTMENT; ITEMS;

ESTIMATED COST; FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT:

ITEMS:


1l!16!IO

196

Elections Department 2 - Memberships Election Center (Bruce R. Sherbet & Toni Pippins-Poole) J - Membership (Danny Clayton) 1 - Membership International Association of Clerks, Recorders, Election Officials and Treasures (IACREOT) 2 - Membership for (Toni Pippins-Poole & Danny Clayton) IACREOT 1 - Annual Subscription to Election Administration Reports I - Membership for Bruce R. Sherbet in the Texas Association of Elections Administrators 5 - Membership for Toni Pippins-Poole, Danny Clayton, Mary Kay West, C.K. Farquhar, & Brylon Franklin in the Texas Association of Election Administrators 1 - Annual Subscription to DirecTV Satellite Service (Includes Local Channels and Fee for Additional Receiver) $2,452 Elections Escrow Account 532.2080.94036.0000 (Escrow Account, Elections Department, Property less than $5,000, FY201O) The Elections Department IS requesting authorization to purchase the above listed items membership and subscriptions to professional organizations and journals for Elections Administrator and senior management. Recommended by the Office

. of Budget and Evaluation.

Health & Human Service - Section 8 Housing 1 - Sorter tray 1 - Double Letter Tray $123 Within Budget 467.0000.02160.2011 (Grant Fund, Health & Human Services, Property less than $5,000, FY201l)

PROPOSED ACTION:

(4) DEPARTMENT: ITEMS:


PROPOSED ACTION:

(5) DEPARTMENT: ITEM: ESTIMATED COST: FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:


ESTIMATED COST:

I L 16/1 °

The Health & Humau Services Department is requesting authorization to purchase the above listed items for the Section 8 Housing #8001, which was court, ordered on November 24, 2009, and assigned court order number 2009 - 2170. Recommended by the Office of Budget and Evaluation.

Health & Human Service - CEAP 4 - Chairs 1 - Chair $1,905 Within Budget 466.0000.02090.2010 (Grant Fund, Health & Human Services, Property less than $5,000, FY2011) The Health & Human Services Department is requesting authorization to purchase the above listed items for the CEAP #8301, which was court, ordered on February 23, 20 I 0, and assigned court order number 20 I 0 - 0340, The chairs are for one assistant director and four staff positions. Recommended by the Office of Budget and Evaluation.

Health & Human Service - Immunization 1 - Executive Chair $485 Within Budget 466.0000.02090.20II (Grant Fund, Health & Human Services, Property less than $5,000, FY2011) The Health & Human Services Department is requesting authorization to purchase the above listed item for the Immunization #8710, which was court, ordered on August 24, 2010, and assigned court order number 2010 - 01397. The Executive Chair is for an Assistant Director. Recommended by the Office of Budget and Evaluation.

Constable Precinct 5 - Villarreal 1 - American Safety Safe ($745) 1 - Sate Installation ($250) $995

FUNDING SOURCE: EXPENDITURE SOURCE:

PROPOSED ACTION:



PROPOSED ACTION:



11/16/10

198

Unallocated Reserves 120.3250.2090 (General Fund, Constable Pct. 5, Property less than $5,000) Constable Precinct 5 IS requesting authorization to purchase an American Safety Safe, dimensions 25x 18x18, to provide the office with a safe and lockable place to secure any type of monies the office receives. The safe plus installation will cost approximately $975. Recommended by the Office of Budget and Evaluation.

Facilities Management 1 - Time, Material, Equipment to Hydro-jet ($723) $723 Within Budget 120.5340.2640 (General Fund, Wilmer Substance Abuse Facility, Maintenance 1 Labor on Building 1 Office Equipment) Facilities Management is requesting authorization to purchase the above listed items at a total cost of $2,123. The time, material and equipment to the hydro-jet are needed to fix the hydro-jet sewer lines at the Wilmer facility. Recommended by the Office of Budget and Evaluation.

Facilities Management 1 - Compressor ($700) I - Core Charge for Compressor ($700) 1 - Male Flare/Female Flair Ball Valve ($243) 1 - 3/8 Tube wi Male Flair ($243) I - 100lbs R -II Refrigerant ($243) I - Vi' Run Swivel Tee ($243) $2,372 Within Budget 120.1 022.2640 (General Fund, Facilities, Maintenance I Labor on Building I Office Equipment)

PROPOSED ACTION:



PROPOSED ACTION:

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

11/16/10

Facilities Management IS requesting authorization to purchase the above listed items at a total cost of $2,372. The compressor and the core charge for the compressor will be used at the Decker Facility to repair a freezer. The male flare/female flair ball valve, the 3/8 tube w/ male flair, the lOOlbs of r-Il refrigerant and the v." run swivel tee are needed to repair Chiller #2 at the Decker Facility and charge system. Recommended by the Office of Budget and Evaluation.

Facilities Management 3 - 646P3 Seal Kit ($36 each) 3 - 766P3A Seal Kit ($36 each) I - Dryer Motor ($36) 5 - Dryer Belts ($36 each) 6 - Bushing ($36 each) 6 - Hinge Bushing ($36 each) $864 Within Budget 120.5340.2670 (General Fund, Wilmer Substance Abuse Facility, Maintenance) Facilities Management is requesting authorization to purchase the above listed items at a total cost of $864. The three (3) 646P3 seal kits, the three (3) 766P3A seal kits, the dryer motor, the five (5) dryer belts, the six (6) bushings and the six (6) hinge bushings are needed for replacement/repair parts for washers and dryers at the Wilmer facility. Recommended by the Office of Budget and Evaluation.

Facilities Management 2 - Natural Gas Water Heater ($] ,659 each) $3,318 Within Budget 120.5340.2690 (General Fund, Wilmer Substance Abuse Facility. Hardware and Electrical Supplies)

PROPOSED ACTION:


PROPOSED ACTION:


ESTIMATED COST: FUNDfNG SOIIRCE:

11116/10

/00

Facilities Management IS requesting authorization to purchase the above listed items at a total cost of $3,318. The water heaters will be used as replacements at the Wilmer Substance Abuse Facility. Recommended by the Office of Budget and Evaluation.

Facilities Management 1 - Labor and Materials $800 Within Budget 120.1022.2640 (General Fund, Facilities, Maintenance I Labor on Building I Office Equipment) Facilities Management IS requesting authorization to purchase the above listed items at a total cost of $800. The labor and materials are needed to repair the vandalized padded comer panel at the Henry Wade Juvenile Justice Center. Recommended by the Office of Budget and Evaluation.

Facilities Management 2 - Motor lII0hp Room Air ($59 each) 4 - Blower Wheel ($59 each) ! - York Danfoss Compressor ($338) 1 - Sporland Catch,AII Filter ($338) 4 - 6" Sweat Flange 1501bs ($130 each) 2 - 6" Flange Gasket, red rubber ($130 each) 2 - 6" Bolt Kit ($130 each) 2 - Sleeve O,Ring ($68 each) 2 - Nut Bearing Retainer ($68 each) 2 - O,Ring ($68 each) 2 - Sleeve ($68 each) I - Shoulder Ring ($68 each) ! -Impeller Key ($68 each) 5 - Power Inverter ($73 each) 10 -Hours ofLahor ($89 each) 3 - High Abuse Light Fixture ($240 each) 1- Time and Materials ($1,000) I - Modular Indoor ($12) I - Wireless Rain/Freeze Sensor Irritrol ($12) 10 - 12" Spray Head Rain Bird ($12 each) 2S -10" Y, Low Angle Nozzle Rain Bird ($12 each) 1- Contactor 3ph ($135) I - Overload relay ($135) 6 Small Crown Handle CP Cold ($8 each) 6·~ Small Crown Handle C:P Hot (58 each) I - Plumbing R.epair Parts ($940)

$7,887 Within Budget

EXPENDITURE SOURCE:

PROPOSED ACTION:

(13) DEf'ART:V[ENT

i 1!16!lO

LV I

120.1022.2670 (General Fund, Facilities, Maintenance) Facilities Management IS requesting authorization to purchasc the above listed items at a total cost of $7,887. The two (2) motors and the four (4) blower wheels will be used as replacement pieces for the Records Building HV AC. The compressor and the catch-all filter will be used as replacements for a bad compressor at the Mesquite sub-Courthouse. The four (4) sweat flanges, the two (2) flange gaskets and the two (2) bolt kits will be used to repair the 6" domestic water line at the Henry Wade Juvenile Justice Center. The two (2) sleeve o-rings, the two (2) nut bearing retainers, the two (2) o-rings, the two (2) sleeves, the shoulder ring and the impeller key will be used to repair the condenser water pump at the Henry Wade Juvenile Justice Center. The five (5) power inverters will be used to charge batteries in the field. The ten (10) hours of labor will be used to diagnose problems with the Snorkle lift. The three (3) high abuse light fixtures are needed as replacement restroom fixtures at the Henry Wade Juvenile Justice Center. The time and materials are needed to diagnose and repair the battery charging system for emergency generators at the George Allen Courts Building. The modular indoor, the wireless rain/freeze sensor, the ten (10) spray head rain birds and the twenty-five (25) quarter low angle nozzle rain birds are needed to repair the sprinkler system at the Records Building. The contactor 3ph and the overload relay are needed for repairs of the north parking garage stairwell exhaust fan. The six (6) small crown handle cp cold and the six (6) small crown handle cp hot are needed to repair faucets at the Wayback House (Decker). The plumber repair parts are for SWIFS and are not carried by the supply department. Recommended by the OffIce of Budget and Evaluation.

Facilities fv1anagement

ITEMS:


PROPOSED ACTION:


PROPOSED ACTION:

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


II 16i10

20

1 - Contactor, Starter & Selector Switch ($64) $64 Within Budget 120.1022.2690 (Genera! Fund, Facilities, Hardware and Electrical Supplies) Facilities Management is requesting authorization to purchase the above listed items at a total cost of $64. The contactor will be used to repair a motor starter in the Records Building. Reconunended by the Office of Budget and Evaluation.

Facilities Management 1 - VCT and Cove Base ($200) $200 Within Budget 126.2635.1060.70021 (Permanent Improvement Fund, Materials and Supplies, Flooring, N. Dallas Govt. Center) Facilities Management is requesting authorization to purchase the above listed items at a total cost of $200. The VCT and cove base will be used to replace the chipped floor tile in the tax office at North Dallas Government Center. Recommended by the Office of Budget and Evaluation.

Facilities Management 52 - Grey Stack Chairs No Cost Surplus Surplus Facilities Management is requesting authorization to transfer the above listed items from the surplus inventory to relieve congesting in the waiting areas on the 6th

floor of the Frank Crowley Courthouse. Recommended by the Office of Budget and Evaluation.

Facility Quality Assurance Team 2 - High Voltage Contactor ($122 each) $244 Within Budget 170.1028.7670 (( feneral Fund, Facilijy Quali tVi\ssuraDcc .Ieam,J\1a [nt"nance)

PROPOSED ACTION:


PROPOSED ACTION:



PROPOSED ACTION:


Facility Quality Assurance Team IS

requesting authorization to purchase the above listed items at a total cost of $244. The two (2) high voltage contactors will be used for the SOMA T machine in the Lew Sterrett Kitchen. Recommended by the Office of Budget and Evaluation.

Sheriff - Warrants 25 - Body Shields ($100 each) $2,500 Federal Forfeitures 532.2090.91002 (Escrow Fund. Less than $5,000, Sheriff Forfeitures)

Property Federal

Sheriff Warrants is requesting authorization to purchase the above listed items at a total cost of $2,500. The twentyfive (25) body shields are needed for officer safety. Recommended by the Office of Budget and Evaluation

Sheriff - West Tower 1 - Sony Handycam Camcorder ($330) 1 - Clincher Dual Fastener Tool ($240) $570 Within Budget 120.3142.2160 (General Fund, West Tower, Office Supplies) Sheriff - West Tower is requesting authorization to purchase the above listed items at a total cost of $570. The Sony Handycam Camcorder is needed to record violent and unusual incidents that occur in the jail. The clincher dual fastener tool is a needed tool to secure jail inmates armbands. Recommended by the Office of Budget and Evaluation.

Sheriff - Bonds 1- TVNCR Cart ($150) $150 Within Budget ] 20.3] 28 716Q. (General Fund. Bonds. Office SU[l!llics)

PROPOSED ACTION:


PROPOSED ACTION:


PROPOSED ACTION:



i 1/16/10

204

Sheriff - Bonds is requesting authorization to purchase the above listed item at a total cost of $150. The TVIVCR cart is needed for the current fax machine which is on a stand that is not large enough and causes the fax machine to be unstable and malfunction routinely. Recommended by the Office of Budget and Evaluation.

Sheriff - Executive Office 1 - Lightweight Privacy Filter ($150) $150 Within Budget 120.3110.2160 (General Fund, Executive, Office Supplies) Sheriff Executive is requesting authorization to purchase the above listed item at a total of $150. The lightweight privacy filter is requested for the Sheriff's Executive Secretary's monitor. Recommended by the Office of Budget and Evaluation.

Sheriff - Commissary 1 - Steel Hand Truck ($70) $70 Commissary Funds 532.3151.2090.91046 (Escrow Fund, Inmate Program, Property Less than $5,000, Commissary - Jail) Sheriff - Commissary is requesting authorization to purchase the above listed item at a total of $70. The steel hand truck is needed for moving heavy items. Recommended by the Office of Budget and Evaluation. Sheriff - Writ Enforcement 2 - HP BT 500 Bluetooth USB 2.0 Wireless Adapter ($20 eaeh) 1 - HP Mobile Printer Notebook Case ($90) 2 - HP Printer Battery ($94 each) $320 Federal Forfeiture 532.2093.91002 (Escrow Fund, Computer Hardware Less than $5.000, Sheriff Federal F orfei tUte5}

PROPOSED ACTION:


PROPOSED ACTION:


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

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

EXPENDITURE SOURCE

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Sheriff - Writ Enforcement is requesting authorization to purchase the above listed item at a total of $320. Recommended by the Office of Budget and Evaluation.

Sheriff - Intelligence I - Jetscan Currency Scanner ($6,800) $6,800 Federal Forfeiture 532.2093.91002 (Escrow Fund, Computer Hardware Less than $5,000, Sheriff Federal Forfeitures) Sheriff Intelligence IS requesting authorization to purchase the above listed item at a total of $6,800. This section confiscates monies which require counting and documenting the amounts for chain of evidence accountability. Recommended by the Office of Budget and Evaluation.

4821 Justice of the Peace 1-2 (Nash) 1 - Fax Machine Intelli-Fax 4750E 1- Blue chair w/wheels & armrest 1- Black faux leather chair wlheels 5 - Brown stackable chairs 4 - Chair red stackable chair 2 - 4 drawer file cabinet (light beige) I - 5 drawer file cabinet (dark beige) I - 6ft table adjustable legs I - Computer desk w/open slot None Surplus Sut:pIus Judge Nash IS requesting approval to transfer the listed equipment from surplus to JP Precinct 1-2 location. Recommended by the Office of Budget and Evaluation.

1035 Tax Office I - Cross-cut shredder $319 Reserves and Contingency, Furniture and Equipment 170.1024.2090 (General Fund, Records Management. Property less [han $5

LOOO)

PROPOSED ACTION:


PROPOSED ACTION:

206

The Tax Assessor/Collector is requesting approval to replace a shredder that is broken and can not be repaired. Recommended by the Office of Budget and Evaluation.

County Clerk 3 - Mapsco ($26 each) $78 Within Budget 120.4031.2160 (General Fund. Countv Clerk. Office Supplies) The County Clerk's Office is requesting authorization to purchase three (3) Mapscos at a total cost of $78. These are needed in anticipation of the large number of wet/dry applications resulting from the recent election. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICA nONS

District Attorney - P-1111002 - requests installation of 4 data, 4 voice lines, 4 single line phones, relocate coaxial cable for the additional office space required for grant. Equipment $172.00; Installation $1850.00; Recurring Cost $0.00 - Re commendedFUNDING 60191466

District Clerk - requests: M-ll11002 - installation of data cable for new employee in the criminal records section. Equipment $0.00; Installation $200,00; Recurring Cost $0.00 - Recommended

M-IHI008 - installation of a voice line for new employee in the records section. Equipment 76.00; Installation $200.00; Recurring Cost $0.00 - Recommended -FUNDING 120.4020.2093.0

D-1111002 - installation ofa voice line for new employee in the criminal records section. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

D-1111 004 - installation of a data line for new employee in the criminal records section. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended -FUNDING 120.4020.2093.0

.Juvenile-Medlock - M-l111 007 - requests to replace a single line phone that was taken by previous employee. Equipment $43.00; Installation $0.00; Recurring Cost $0.00 -Recommended

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Parkland Jail Health-Henry Wade - requests: D-1111005 - installation of a data line for medical staff. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

D-1111003 - installation of a data line for medical staff. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Sheriff - P-HH001- requests installation of 3 voice, 3 data lines, and 3 single line phones for new intakelbook out window. Equipment $129.00; Installation $1200.00; Recurring Cost $0.00 - Recommended

Truancy Court #3 - D-1009015 - requests installation of a data line at Judges bench to access Odyssey. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 -Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

11/16/10