2009 0280 - Dallas CountyFeb 10, 2009 · 2009 0281 ORDERNO.: _ DATE: February 10, 2009 STATE OF...

COURT ORDER

02802009ORDER NO.: _

DATE: February 10, 2009

STATE OF TEXAS

COUNTY OF DALLAS

§§§

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

February 10,2009, on motion made by Mike Cantrell, Commissioner of Dist. No.2, and

seconded by Jolm Wiley Price, Commissioner of Dist. No.3,the

following Order was adopted:

WHEREAS, a claim was presented by Debra Peoples against Dallas County in the amount ofFive Thousand EightHundred Twenty and N0/100 Dollars ($5,820.00) for bodily injury, as a result ofan accident that occurred on or aboutMarch 18, 2008 and said claim was discussed with the Commissioners Court in closed session onFebruary 3, 2009 as permitted by Texas Government Code §551.071(1)(b); and

WHEREAS, the office involved in this claim is the Dallas County Precinct #5; and

WHEREAS, this claim has been investigated by the Civil Division ofthe Criminal District Attorney's Officeand Five Thousand Eight Hundred Twenty and N0/100 Dollars ($5,820.00) for bodily injury was found to be a validand reasonable amount for settlement of this claim; and

WHEREAS, a release from all further liability of the County of Dallas concerning all existing and possibleclaims will be obtained

WHEREAS, that the action authorized by this order is consistent with and promotes Strategy 1.3 of DallasCounty's Strategic Plan.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that Debra Peoples be paid FiveThousand Eight Hundred Twenty and No/IOO Dollars ($5,820.00) for bodily injury as full and final settlement bythe County ofDallas, Texas, and that the County Treasurer is authorized to release said check to an employee ofthe CivilDivision of the Dallas County Criminal District Attorney's Office.

DONE IN OPEN COURT this the .",--__

Mike Cantrell, COlTIm. Dist. #2

February , 2009.

Chief, Civil DivisionDallas County District Attorney's Office

COURT ORDER

2009 0281ORDER NO.: _


STATE OF TEXAS

COUNTY OF DALLAS

§§§

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

February 10, 2009, on motion made by Mike Cantrell, Commissioner of Dist. No.2, and

seconded by Jolm Wiley Price, Commissioner of Dist. No.3,the

following Order was adopted:

WHEREAS, a claim was presented by Donald Blue against Dallas County in the amount of Six Thousand FiveHundred Three and 28/100 Dollars ($6,503.28) for property damage supplement, as a result of an accident thatoccurred on or about May 1, 2008 and said claim was discussed with the Commissioners Court in closed session onNovember 4,2008 as permitted by Texas Government Code §551.071(1)(b); and

WHEREAS, the office involved in this claim is the Dallas County Precinct #5; and

WHEREAS, this claim has been investigated by the Civil Division ofthe Criminal District Attorney's Officeand Six Thousand Five Hundred Three and 28/100 Dollars ($6,503.28) for property damagesupplement was found tobe a valid and reasonable amount for settlement of this claim; and

WHEREAS, a release from all further liability of the County of Dallas concerning all existing and possibleclaims will be obtained

WHEREAS, that the action authorized by this order is consistent with and promotes Strategy 1.3 of DallasCounty's Strategic Plan.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that Donald Blue and his attorneyLawrence Sharp, be paid Six Thousand Five Hundred Three and 281100 Dollars ($6,503.28) for property damagesupplement as full and final settlement by the County of Dallas, Texas, and that the County Treasurer is authorized torelease said check to an employee of the Civil Division of the Dallas County Criminal District Attorney's Office.

Mike Cantrell, Comm. Dist. #2

February

COURT ORDER

§§

2009 0282February 10, 2009

STATE OF TEXASCOUNTY OF DALLAS

ORDER NO. _DATE:

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

andFebruaryday of ---"'--=-=~;.;;..L--_'2009, on motion made by Mike Cantrell Commissioner of10th

seconded Jolm Commissioner of Dist.

WHEREAS, it is the responsibility of the Dallas County Commissioners Court to appoint officers to the Citizen ElectionAdvisory Committee; and

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

WHEREAS, it is the desire of the Dallas County Commissioners Court to appoint Betty Vondracek and Tom Rozier toserve on the Citizen Election Advisory Committee for a two-year term, effective February 10, 2009 andexpiring January 31, 2011; and

WHEREAS, this would be the first term for Betty Vondracek and Tom Rozier; and

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

IT THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does herebyappoint the following citizens to the Citizen Election Advisory Committee for a two-year term, effective February 10,2009and expiring January 31,2011:

Betty Vondracek (2)6215 ChesleyDallas, Texas 75214214/363-6550

Tom Rozier (4)915 Cresthaven DriveCedar Hill, Texas 75104972/291-1460

--10thDONE IN OPEN COURT this the ~~ _

• .. ," '1"~,,.-,Jtm10ster, County Judge

~ / ,/ /---'~----

i/ f,;, District 3

'~'--_/ Recommended by: -...: _Shannon Brown, Acting County Administrator

COURT ORDER

ORDER NO. 2009 0283DATE: February 10, 2ffE

STATE OF TEXAS §

COUNTY OF DALLAS §

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

Texas,held on the 10th day of February ,2009, on a motion made by

Mike Cantrell, Commissioner of District No.2,and seconded by

Jolm Wiley Price J Corrnnissi oner of Pi stri ct No 3, the following Order was adopted:

WHEREAS, on February 3, 2009, the Dallas County Commissioners Court was briefed on theneed to appoint the Chairman and Vice Chairman of both the County's HistoricalCommission and the County's Trail and Preserve Program Board; and

WHEREAS, the activities of the County's Historical Commission and the Trail and PreserveProgram Board both seek to improve the quality of life within Dallas Countywhich is consistent with the County's strategic plan.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas CountyCommissioners Court appoints Michael Lowenberg to serve as Chairman of the Dallas CountyHistorical Commission, Ann Spillman to serve as the Vice Chairman of the Dallas CountyHistorical Commission, Tracy Pounders to serve as the Chairman of the Dallas County Trail andPreserve Program Board, and Johnny Wallace to serve as the Vice Chairman of the DallasCounty Trail and Preserve Program Board, all for the term of February 1, 2009 to January 31,2011 or until their successors are appointed, whichever comes later.

DONE IN OPEN COURT this the 10th

MauriHe DickeyCommissioner District #1

Recommended by:

¥¥,J~t ¥' ',." ,·'bster\ I~~"'~9'~nty Judge

ORDER NO.:

DATE:

2009February 10, 2009

COURT ORDER

STATE OF TEXAS §

COUNTY OF DALLAS §

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

10th day of February , 2009, on motion made by

John Wiley Price. Commissioner of DistrictN~ 3

was adopted:

WHEREAS, on January 6, 2009, by Court Order 2009-0016, the Dallas County Commissioners Courtauthorized award of a contract for the Dallas County 2009 Elevator Modernization project, BidNo. 2009-011-3981, to United Elevator Services Company in the amount of $481,950.00; and

WHEREAS, Commissioners Court was briefed on February 3, 2009 concerning a change order to theaforementioned contract to accept the contractor's original bid alternate proposal of$119,000.00 for modernization of the third elevator (Unit 45) at the Crowley Parking Garage"0", including a credit of $15,000.00 in savings to accept Otis controls, and a credit of$28,422.00 offered in regard to the swing panels for the Museum elevators; and

WHEREAS, the total amount of the recommended change order is $76,478.00 thereby increasing the totalcontract amount to $558,428.00; and

\r"HEREAS, funding for this contract is available in the FY2009 and prior year Permanent ImprovementFund 126 in the amount of $542,000.00; and

WHEREAS, additional funding in the amount of $16,428.00 will be required to totally fund Change OrderNO.1 and will be provided from FY2009 Fund 126 (Permanent Improvement Fund)Unallocated Reserve to be transferred to the 2009 Elevator Modernization project; and

WHEREAS, the 2009 Elevator Modernization Project is in line with the County's Strategic Plan Strategy 3which establishes the vision of the Commissioners Court to provide safety and security inmaintaining the County facilities.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Courthereby approves and authorizes Change Order NO.1 in the amount of $76,478.00 to the contract with UnitedElevator Services Company 2009 Elevator Modernization project and authorizes additional funding to theproject in the amount of $16,428.00 from FY2009 Fund 126 (Permanent Improvement Fund) UnallocatedReserves.

February

(

4f -r~d~Mauri l'}e...D ickey /"1Commissioner District #1 (;

10th

COURT ORDER

2009DATE: Febru:rry 10, 2ffJ)

STATE OF TEXAS §

COUNTY OF DALLAS §

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

10th February

a motion made by Maurine Dickey, Commissioner of District No.1 , and seconded by

WHEREAS, on November 4, 2008 through Court Order 2008-2120, Commissioners Court authorized the PurchasingDepartment to solicit a request for proposals for a food management program for the Dallas County jail systemand Juvenile residential program; and

WHEREAS, the Purchasing Department RFP No. 2009-040-4227 Request for Proposals for a Food ManagementProgram for the Dallas County Jail System and Juvenile Residential Program with the impacteddepartments; and

WHEREAS, this solicitation advertised in The Daily Commercial Record on Tuesday, February 3, 2009; and

WHEREAS, this action supports Vision 1, Strategy 1.3 of Dallas County's Strategic Plan

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court doeshereby authorize the cancellation ofRFP No. 2009-040-4227 Request for Proposals for a Food Management Program forthe Dallas County Jail System and Juvenile Residential Program.

!Mike Cantrell, District #2

Februa10th

fJRecommended by:,_'-..;"'"~A:::..;..:lL/~li'J:..;"l~~~~~_...L-~~:....2...~~~=:::::'- __

Shannon S. Brown, Acting County Administrator

COURT ORDER

ORDER NO: _

DATE:February 10, 2009

STATE OF TEXAS

COUNTY OF DALLAS

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

10th February

a motion made by Mike Cantrell, Commissioner of District No.2 , and seconded by

Jolm Wiley Price, Comrrdssioner of District No. 3

WHEREAS, the Commissioners Court was briefed on February 3,2009 regarding the Clean Air Task Force'srequest to accept one Ford Van seized by the Task Force to be used for covert operations; and

WHEREAS, the vehicle will be used as a sting vehicle to test state inspectors and will have all markingsremoved and run regular tags.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County CommissionersCourt does hereby approve the acceptance of this vehicle.

Februaryday of --:::::--.:!-- ----:~

Recommended

DONE IN OPEN COURT this the 10th

Ryan Brown, Budget Officer

2009 0287ORDER NO:------

COURT ORDER


STATE OF TEXAS

COUNTY OF DALLAS

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

Texas, held on the 10th day of February , 2009 on a motion made by

Mike Cantrell, Commissioner of District 112 , and seconded by

Jolm Wiley Price, Commissioner of District 113 , the following Order was adopted:

WHEREAS, the Office of Budget and Evaluation briefed the Commissioners Court on January27, 2009 regarding an Interlocal Cooperation Contract between Dallas Countyand Dallas Community Supervision and Corrections Department (CSCD) tocreate an Alternative to Transitional Treatment Center Program; and

WHEREAS, the program will allow individuals to have an alternative to transitional treatmentcenters (TTC) which will provide CSCD with options for client services and willassist with lowering the Dallas County jail population; and

WHEREAS, all funding will be provided by CSCD on a cost reimbursement basis to DallasCounty including the creation of a full-time Court Coordinator, District ClerkClerk, Sheriffs Bailiff, a part-time Assistant District Attorney and a part-timePublic Defender position as well as funding for a visiting judge.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas CountyCommissioners Court hereby approves the attached contract and authorizes the County Judge tosign the contract on behalf of the County. In addition, the Commissioners Court requests that theHuman Resources/Civil Service Department review and classify the positions.

Recommended by:"~~o ,.r--.Ryan Brown, Budget Officer

INTERLOCAL COOPERATION CONTRACTFOR THE ALTERNATIVE TO TRANSITIONAL

TREATMENT CENTER PROGRAMBETWEEN

DALLAS COUNTY COMMUNITY SUPERVISION ANDCORRECTIONS DEPARTMENT

ANDDALLAS COUNTY

This Interagency Agreement is rnade and entered into by and between Dallas County Community Supervisionand Corrections Department (hereinafter "CSCD"), located at Frank Crowley Courts Building, 9th Floor, 133North Industrial Boulevard, Dallas, Texas, 75207, and Dallas County, by and through the Dallas CountyCriminal District Attorney's Office (DCDA), Dallas County Public Defender's Office (DCPD) located at 11th

Floor and 9th floor respectively of the Frank Crowley Court House located at 133 North Industrial Boulevard,Dallas, Texas 75207 and the Dallas County District Clerk's Office located at 600 Commerce Street, Dallas,Texas 75202.

WITNESSETH:

WHEREAS, Chapter 140, Local Government Code, permits the CSCD, as a "specialized local entity", to enterinto contractual agreements;

WHEREAS, Chapter 791, Government Code, authorizes local governments to increase their efficiency bycontracting with one another and with agencies of the state;

WHEREAS, CSCD and the Dallas County wish to cooperate in operating the Alternative to TransitionalTreatment Center Program (ATTCP) for clients discharged from the Substance Abuse Felony PunishmentProgram (SAFP).

NOW THEREFORE, this Interlocal Cooperation Contract is entered into by and between CSCD and DallasCounty and in consideration ofthe mutual covenants, agreements, and promises herein contained, the parties doagree as follows:

I.PURPOSE

The intent of this Contract is for Dallas County to provide staff to operate a re-entry court that will providejudicial oversight to the clients enrolled in the ATTC program. The staff will consist of a full time DistrictJudge; a full time Bailiff; a part-time Public Defender (24 hours per week); a part-time District Attorney (24hours per week); a full time Court Coordinator and a full time Court Clerk.

II.TERM

The term of this Contract shall be from January 1, 2009 through December 31, 2009.

III.

RESPONSBILITIES OF THE PARTIES

A. Dallas County will assign a District Judge appointed by the Administrative Judge to oversee the ATTCcourt on a full-time basis for the term of this Contract.

B. Dallas County will assign a full-time Court Coordinator to the ATTC court for the term ofthis Contract.C. Dallas County will also assign a full-time bailiff to the ATTC court for the term of this Contract.D. The DCPD in consultation with CSCD will assign one Public Defender (hereinafter "P.D") to work on a

part-time basis (24 hours per week) at the ATTC court for the term of this Contract.E. The DCDA in consultation with CSCD will assign one District Attorney (hereinafter "D.A") to work on

a part-time basis (24 hours per week) at the ATTC court for the term of this Contract.F. The District Clerk in consultation with CSCD will assign one court clerk to work on a full-time basis at

the ATTC court for the term of this Contract.

PAYMENT AND REIMBURSEMENT

A. CSCD shall reimburse each department as follow for its staffparticipating in the ATTC Re-Entry Court.

County:Hourly RateMonthlyAnnualFICARetirementInsuranceTotal

District Judge$67.31/hour$11,666$140,000$10,710$11,900$6,000$168,616

Bailiff$20.32/hour$ 3,522$42,266$3,233$3,593$6,000$55,091

Court Coordinator$22.41$3,884$46,613$3,566$3,962$6,000$60,141

Clerk (District Clerk)$14.64$2,538$30,451$2,330$2,588$6,000$41,369

District Attorney's Office:RateMonthlyAnnualFICATotal

Public Defender's Office:RateMonthlyAnnualFICATotal

District Attorney (Part-Time)$33.39/hour,$3,473 (24 hours a week)$41,671$3,188$44,859

Public Defender (Part-Time)$33.39/hour,$3,473 (24 hours a week)$41,671$3,188$44,859

B. Requests for salary and benefits reimbursement shall be made on a quarterly basis by the Office ofBudget and Evaluation (OBE). These requests together with supporting documentation will beforwarded by OBE to the CSCD Office of Budget and Contracts for processing of reimbursement.

C. Each reimbursement request will be signed by an appropriate official of Dallas County certifying thatthe information is accurate and complete.

D. CSCD shall reimburse Dallas county within thirty (30) days of each request.

V.CANCELLATION

This Contract may be cancelled at the sole discretion of either party no sooner than thirty (30) days followingwritten notice of intent of such cancellation by either party.

VI.SEVERABILITY

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

VII.CHOICE OF LAWS AND VENUE

In providing services required by this Contract, the Parties must observe and comply with all licenses, legalcertifications, or inspections required for the services, facilities, equipment, or materials, and all applicablefederal, State, and local statutes, ordinances, rules, and regulations. This Contract shall be governed by Texaslaw and exclusive venue shall lie in Dallas County, Texas. All statutes and law stated herein shall be updated asamended.

VIII.AMENDMENTS AND CHANGES IN THE LAW

No modification, amendment, innovation, renewal or other alteration ofthis Contract shall be effective unlessmutually agreed upon in writing and executed by the parties hereto. Any alteration, addition or deletion to theterms of this Contract which are required by changes in federal or State law are automatically incorporatedherein without written amendment to this Contract and shall be effective on the date designated by said law.

IX.NOTICE

Any notice or certification provided for in this Contract to be given by either party to the other shall be requiredto be in writing and shall be deemed given when personally delivered or within three (3) business days afterbeing deposited in the United States Mail, postage prepaid, certified, return receipt requested or registeredaddressed as follows:

To COUNTY:

To CSCD:

Ryan BrownDallas County Budget Director411 Elm Street, Suite 300Dallas, TX 75202,(214) 653-6384

DirectorDallas County CommunitySupervision and CorrectionsFrank Crowley Courts Building - 9th Floor133 North Industrial BoulevardDallas, TX 75207(214) 653-5203

X.INDEMNITY

All parties agree to be responsible for their own negligent acts or omissions, or other tortious conduct, in thecourse of performance of this Contract without waiving any sovereign immunity, governmental immunity oravailable defenses available to the parties under Texas law. Nothing in this paragraph shall be construed tocreate or grant any rights, contractual or otherwise, in or to any third persons or entities. All parties agree thatany such liability or damages occurring during the performance of this Agreement caused by the joint orcomparative negligence of the parties, or their employees, agents or officers, shall be determined in accordancewith comparative responsibility laws of Texas.

XI.SIGNATORY WARRANTY

The person or persons signing and executing this Contract on behalf of CSCD, or representing themselves assigning and executing this Contract on behalf of CSCD, do hereby warrant and guarantee that he, she or theyhave been duly authorized by CSCD to execute this Contract on behalfofCSCD and to validly and legally bindCSCD to all terms, performances and provisions herein set forth.

XII.ENTIRE AGREEMENT

This Contract, including all Exhibits and attachments, constitutes the entire agreement between the partieshereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral orwritten.

XIII.BINDING EFFECT

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

XIV.FEDERAL FUNDED PROJECT

If Contract is funded in part by either the State of Texas or federal government, both parties agrees to timelycomply without additional cost or expense to the other, unless otherwise specified herein, to any statute, rule,regulation, grant, contract provision or other State or federal law, rule, regulation, or other similar restrictionthat imposes additional or greater requirements than stated herein and that is directly applicable to the servicesrendered under the terms of this Contract.

xv.DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver ofdefault if the non-defaulting party fails to immediately declare a default or delays in takingany action. The rights and remedies provided by this Contract are cumulative, and either party's use of anyright or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are inaddition to any other rights the parties may have by law, statute, ordinance or otherwise.

XVI.ASSIGNMENT

CSCD assures that it will not transfer or assign its interest in this Contract without the prior written consent ofthe County. CSCD understands that in the event that all or substantially all ofCSCD's assets are acquired byanother entity, CSCD is still obligated to fulfill the terms and conditions of this Contract. In the event of theassignment or sale of CSCD's assets the County, at its option, may terminate this Contract.

XVII.COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Contract may be executed in multiple counterparts, each of which shall be deemed an original, but all ofwhich shall constitute one and the same instrument. Words of any gender used in this Contract shall be heldand construed to include any other gender any words in the singular shall include the plural and vice versa,unless the context clearly requires otherwise. Headings herein are for the convenience of reference only andshall not be considered in any interpretation of this Contract.

XVIII.SOVEREIGN IMMUNITY

This Contract is expressly made subject to County's sovereign immunity, Title 5 of the Texas CivilRemedies Code and all applicable State and federal law . The parties expressly agree that no provisionof this Contract is in any way intended to constitute a waiver of any immunities from suit or fromliability that the parties or the County has by operation of law. Nothing herein is intended to benefit anythird-party beneficiaries to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the last dateindicated below.

CSCD:

Date:----lI-r--""-----II-----

Date:

FebruaryEXECUTED THIS 10th DAY OF ,2009.--;.....;.,;,..;;~;.;;;;.....<..-------

Date: February 10, 2009 /1'

/I

BY:

Date:---"'-f-----+-"'--J-------

BY:

Date:---f--~'r-'---t-'oI'-t-------

RECOMMENDED:

~':1- prow",",

Bob chellAssistant District Attorney,Chief, Civil Division

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

COURT ORDER

ORDER No:2()090288DATE: February 10, 2009

STATE OF TEXAS

COUNTY OF DALLAS

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

10th February

a motion made by Mike Cantrell, Corrnnissioner of District No.2 , and seconded by

Jolm Wiley Price, Commissioner of District No. 3

WHEREAS, the Office of Budget and Evaluation briefed Commissioners Court on January 27,2009, regardingthe Community Supervision and Corrections Department addendum to the FY2009 Memorandum ofUnderstanding with the Texas Department of State Health Services for participation in theNorthSTAR Project agreement to operate a Medically Targeted Substance Abuse TreatmentProgram; and

WHEREAS, the Texas Department of Criminal Justice, Assistance Division, under: Article V, Rider 89 of the2007 General Appropriation Act stipulates that funds administered through this grant maybeappropriated to diversion programs to provide physician supervised acute medical treatment formethamphetamine and / or cocaine addicted felony offenders. The Community and Supervision andCorrection Department received a grant award of $180,000 for these services; and

WHEREAS, an addendum will be added to the FY2009 Memorandum of Understanding with the TexasDepartment of State Health Services NorthSTAR agreement, Court Order 2008 1797, to providephysicians and psychiatric services. The program in its entirety will be supervised and staffed byCommunity Supervision and Corrections Department. The attached Memorandum ofUnderstandingwill outline each agencies responsibility and contribution to the program.

February

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Courtdoes hereby approve the addendum to the FY2009 Memorandum ofUnderstanding with the Texas Department ofState Health Services for participation in the NorthSTAR Project agreement to operate a Medically TargetedSubstance Abuse Treatment Program and authorize the County Judge to sign the contract on behalf of the COUl

DONE,IN OPEN COURT this the __/ I

I ..

Ryan Brown, Budget Officer

AMENDMENT No.1 ("Amendment 1")TO MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN DALLAS COUNTY ("County")

AND VARIOUS PARTICIPANTS ("Participants") IN THE DELIVERY OF BEHAVIORAL HEALTH

SERVICES UNDER THE NORTHSTAR MANAGED CARE PROGRAM FOR

ENHANCEMENT OF BEHAVIORAL HEALTH SERVICES IN DALLAS COUNTY

Pursuant to the authorities of Texas Local Government Code chapter 140, Texas GovernmentCode chapters 771 and 791, Texas Health and Safety Code chapters 122 and 574, along withother relevant statutory authorities, including the 2007 General Appropriations Act ("GAA"), aswell as the approval of the Dallas County Commissioners Court, County and Participants herebyamend the MOU, which was effective October 1, 2008 and approved by County CommissionersCourt Order No. 2008 - 1797, to add additional behavioral health services relating to theMedically Targeted Substance Abuse Treatment Program to the MOU.

1. Section 2.0 PARTIES is modified to add the following underlined Participant:

2.0 Parties: The participants in this Memorandum of Understanding are the corporationschosen to manage behavioral health services: ValueOptions, Inc. (hereinafter called"Behavioral Health Organization" or "BHO"), the Dallas Area NorthSTAR Authority(hereinafter called "NTBHA"), the Texas Department of State Health Services (hereinaftercalled "TDSHS"), Dallas County Community Supervision and COlTections Department("CSCD"), and Dallas County (hereinafter called "County")

2. Section 3.0 SERVICES TO BE PROVIDED BY BHO is modified to add the followingprovisions:

MTSAT Program. Provide and implement appropriate resources and physician-supervisedmedical and psychiatric acute treatment services for high risk offenders in the CSCDcoordinated Medically Targeted Substance Abuse Treatment Program ("MTSAT Program")within the context of an integrated approach that combines medical, psychiatric andpsychosocial treatment approaches. The treatment should not be chronic in nature andshould not utilize medication that is known to be addictive. Treatment should beadministered in an outpatient setting in conjunction with ongoing psychosocial care andmedical oversight.

Provide at least one psychiatrist to provide clinical oversight in the form of monthly casestaffing with the treatment team. The psychiatrist will coordinate individual treatmentplans for offenders including regular assessment of compliance / non-compliance issues;

Provide at least one physician to conduct targeted health screening with each offender toassess potential co-morbid psychiatric and medical conditions;

Provide medical evaluations;

Provide comprehensive metabolic laboratory panels and drug screenings;

AMENDMENT 1 Page 1 of 8MOU BTW DALLAS COUNTY & VARIOUS PARTICIPANTS IN THE DELIVERY OF BEHAVIORAL HEALTHSERVICES UNDER THE NORTHSTAR MANAGED CARE PROGRAM FOR ENHANCEMENT OF BEHAVIORALHEALTH SERVICES IN DALLAS COUNTY - 2009

Provide referrals and coordination with pnmary care and psychiatric services asappropriate;

Provide and incorporate peer recovery support services to each offender such as throughthe Association of Persons Affected by Addiction ("APAA");

Provide group and individual therapy on an outpatient basis using cognitive-behavioralapproaches that concurrently address mental health and substance abuse problems; and

Assess and ensure that the mental and behavioral needs are addressed for each offender.

3. Section 4.0 SERVICES TO BE PROVIDED BY NTBRA is modified to add the following:

Assist CSCD in the administration and management of the MSTAT Program and ensure thatBRO is in compliance with the intent of the MOD and Section 3.0.

4. Section 6.0 PAYMENT BY COUNTY is modified to add the following underlinedprovisions:

6.0 Payment by County: County has agreed to make twelve (12) monthly payments of threehundred forty-three thousand nine hundred eighty-nine dollars and twenty-five cents($343,989.25) to TDSRS for distribution and payment to the BRO, beginning October 1,2008 for the enhancement and delivery of behavioral health services in Dallas County that isnot related to the CSCD coordinated MTSAT Progrmn. Each such payment will be initiatedby the Dallas County Office of Budget and Evaluation after receipt of all management datadue to the County pursuant to the "Management Data Plan."

The. Parties and Participants agree that a temporary delay in making paynlents due to theCounty's accounting and disbursement procedures shall not place the County in default ofthis MOD and shall not render the County liable for interest or penalties, provided such delayshall not exceed thirty (30) calendar days after its due date. Any payment not made withinthirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251of the Texas Government Code.

5. Section 10.0 SERVICES AND PAYMENT BY CSCD is added in its entirety to the MOUasfollow:

10.0 Services and Payment by CSCD:

10.1 CSCD shall coordinate a MTSAT Program for high risk felony offenders, whopresent with a history of trauma, post-traumatic stress disorder, anxiety, depression, orbipolar disorder and a co-occurring methamphetamine and/or cocaine addiction.

The MTSAT Program will operate in conjunction with four Dallas County CSCDspecialty courts. The MTSAT Program will serve two key needs of thoseoffenders: 1) Provide intensive outpatient treatment and targeted acute medical


services to those offenders who relapse while participating in one of the fourspecialty courts; and 2) Provide a forum for a multi-discipline team to combineexpertise in evidence-based practices and resources to fully address the needs ofthe stated offenders.

10.2 CSCD will pay NTBHA via a pass through grant from the Texas Criminal JusticeDepartment: Assistance Division ("CJAD") under Article V, Rider 89 of the GAA a totalnot-to-exceed amount of One Hundred Eighty Thousand and 00/100 Dollars($180,000.00) for distribution and payment to BHO for physician-supervised medical,psychiatric and psychosocial services provided under the MTSAT Program coordinatedbyCSCD.

NTBHA and BHO agree to submit to CSCD complete, fully documented andaccurate itemized statements of invoices with appropriate/applicable attachments,statistical and programmatic documentation reports, as required by CSCD for theperformed services, and shall include details of the services rendered as may berequested by an auditor for verification purposes. The statement shall, at aminimum, include a description of the services, the day(s) and the amount of timeduring the day(s) that NTBHA and BHO performed the services, and the totalamount billed for services rendered.

After receipt of the statement, CSCD shall review the statement and approve itwith any modifications deemed appropriate.

6. This Amendment 1 shall be effective with the Term of the CJAD grant, from September 1,2008 through August 31, 2009.

7. All provisions of the MOD and any written amendment that are not inconsistent with thisAmendment 1, shall remain in full force and effect.


BINDING AGREEMENT, AUTHORITY, PARTIES BOUND

By signing this page, each Participant or Party represents that it has the full right, power andauthority to enter and perform this Amendment No. 1 ("Amendment 1") to the Memorandum ofUnderstanding between Dallas County and Various Participants in the Delivery of BehavioralHealth Services under the NorthSTAR Managed Care Program for Enhancement ofBehavioralHealth Services in Dallas County ("MOD") in accordance with all of the terms and conditions,and that the execution and delivery of this Amendment 1 has been made by an authorizedrepresentative of each Party to validly and legally bind the same Participant or Party to all terms,performances and provisions set forth in this Amendment 1.

DALLAS COUNTY

BY:"'~ tim F0 terCounty Judge

February 10, 2009DATE: _________'-----"......::.....c'-----=......::.....c:.....::- _

Recommended

By: Ryan BrownBudget OfficerDallas County Office of Budget & Evaluation

By: ob Schell --Chief, Civil DivisionAssistant District Attorney

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of itsclients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of thisdocument was conducted solely from the legal perspective of our client. Our approval of this document was offered

for the benefit of our client. Other parties should not rely on this approval, and should seek review andapproval by their own respective attomey(s).




NORTH TEXAS BEHAVIORAL HEALTH AUTHORITY (NTBHA):

BY: Alex SmithExecutive Director

DATE: ---------------

ADDRESS: --------------



By signing this page, each Participant or Party represents that it has the full right, power andauthority to enter and perform this Amendment No. 1 ("Amendment 1") to the Memorandum ofUnderstanding between Dallas County and Various Participants in the Delivery of BehavioralHealth Services under the NorthSTAR Managed Care Program for Enhancement ofBehavioralHealth Services in Dallas County ("MOU") in accordance with all of the terms and conditions,and that the execution and delivery of this Amendment 1 has been made by an authorizedrepresentative of each Party to validly and legally bind the same Participant or Party to all terms,performances and provisions set forth in this Amendment 1.

VALUE OPTIONS, INC.: Behavioral Health Organization (BHO)

BY: Jack SzczepanowskiExecutive Director

DATE: ---------------

ADDRESS: --------------



By signing this page, each Participant or Party represents that it has the full right, power andauthority to enter and perform this Amendment No. 1 ("Amendlnent 1") to the Memorandum ofUnderstanding between Dallas County and Various Participants in the Delivery of BehavioralHealth Services under the NorthSTAR Managed Care Program for Enhancement ofBehavioralHealth Services in Dallas County ("MOU") in accordance with all of the terms and conditions,and that the execution and delivery of this Amendment 1 has been made by an authorizedrepresentative of each Party to validly and legally bind the same Participant or Party to all terms,performances and provisions set forth in this Amendment 1.

TEXAS DEPARTMENT OF STATE HEALTH SERVICES (TDSHS):

BY: Mike MaplesAssistant Commissioner

DATE:------~--------

ADDRESS: --------------




DALLAS COUNTY COMMUNITY SUPERVISION & CORRECTIONS DEPT. (CSCD):

BY: Dr. Michael NoyesDirector

DATE: ---------------

ADDRESS: --------------



COURT ORDER2009 0289ORDER NO. -------

STATE OF TEXAS §

COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, heldon the 10th day of February , 2009, on motion made byMike Cantrell, Commissioner of District No.2, and seconded byJolm Wiley Price, Commissioner of District No. 3

the following Order was adopted:

WHEREAS, Article 1.0025 of the Local Government Code of Texas Vernon's AnnotatedStatutes requires County Commissioners to complete at least 16 hours ofcontinuing education once each 12 month period; and

WHEREAS, Commissioner Mike Cantrell successfully completed 9.5 hours at the Local GovernmentSeminar on April 18, 2008; and

WHEREAS, Commissioner Mike Cantrell successfully completed 8.5 hours through the Conference ofUrban Counties Bella Harbor Conference on April 25, 2008;

WHEREAS, Commissioner Mike Cantrell earned an additional 8 hours in 2007 for which he wasallowed to carry over into 2008; and

WHEREAS, Commissioner Mike Cantrell has met the 2008 Commissioner Statutory ContinuingEducation requirement with a total of 26 hours.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas CountyCommissioners Court does hereby file the County Judges & Commissioners Association of TexasCommissioners Education Certificate of Completion for 2008.

DONE IN OPEN COURT this the 10th day of February ,2009.

Ii

01/0"1/2008 from

C30vernrn eni

ORDER NO. _

COURT ORDER

2009

DATE February 10, 2009

STATE OF TEXAS

COUNTY OF DALLAS

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

10th February

on a motion made by Hike Cantrell, Commissioner of District No.2

and seconded by Jolm ~~iley Price, Commissioner of District No.3

the following order was adopted.

WHEREAS, the Commissioners Court was briefed on January 27,2009; and

WHEREAS, part of the Kay's Jail abandonment project the Sheriffs Personnel unit has to relocate and anOPT-E-MAN circuit is needed for connectivity at the new location; and

WHEREAS, this service is procured from AT&T through the 8th Addendum of the existing DallasCounty TariffNetwork Service Agreement; and

WHEREAS, the estimated cost is; $13,968.00; and

WHEREAS, provision of this service support Vision 5 improving and maintaining Dallas Countyservice delivery, a traditional service provider whereby the County ensures themaintenance and delivery of services to its stakeholders.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas CountyCommissioners Court that the attached Addendum to Tariff Network Services Agreement betweenDallas County and AT&T is approved and authorizes the County Judge to sign the same.

Februaryday of , 2009.-------------DONE IN OPEN COURT this the 10th

Mike Cantrell, District No.2

Recommended By: _Q=-_;~----,."--\"~::::i_)&.;.:;;;;;.0_,~1-1ff_~/ ------Chris Thompson, Director of Communications & Central Services

Funding: Department 1023; 7211

Tariff Network Services Addendum for HB2128 Eligible Customers

Retention Period: Active Plus 5 Years

Case Number: 204771.2.1

Addendum: 8

This Services Addendum ("Addendum") is an attachment to the Network Services Addendum for Texas HB2128 EligibleCustomers entered into by SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone,L.P. dba AT&T Texas ("AT&T") and Dallas County ("Customer"), for the provision of the Service ("Service") described inSection 1, below.

1. The rates, terms and conditions of this Addendum are available only to qualifying entities under Texas HB2128.AT&T will install and maintain (enter description of Service being sold and Service locations).

One 100Mbps Opteman connection from 2025 Irving Blvd, to the Dallas County Opteman Cloud

AT&T agrees to provide Service for a term of 36 months commencing on the date testing by AT&T is complete andthe Service is available for use by Customer ("Cutover"). At no additional charge, AT&T will, at Customer's request,cooperatively test at the time of installation the parameters applicable to the Service as specified in this Addendum.AT&T will give Customer at least five (5) days advance notice, oral or written, of test date. All test results will bemade available to Customer upon request. Notwithstanding the above, if Customer fails to participate in the test,such failure shall not delay commencement of the term of this Addendum.

2. Customer's requested Cutover date is 02-15-09.

3. A. Customer agrees to pay AT&T, during the above term, a monthly recurring charge of $388.00 and at thecommencement of the term a one-time non-recurring charge of $0.00 and applicable taxes, surcharges, and recoveryfees (including universal service fees). These rates ( 0 will ~ will not) be subject to AT&T-initiated increases duringsaid term.

B. If Customer cancels this Addendum prior to Cutover, Customer shall reimburse AT&T for all non-recoverableexpenses incurred in processing the Addendum and for the installation of required equipment and facilities completedup to the date of cancellation.

C. If Customer terminates the Service after the Cutover and prior to the expiration of the term, Customer shall beliable for early termination charges in accordance with the applicable tariff at the time of execution of this Addendum.Termination charges are due immediately upon termination.

4. Alteration by Customer of any technical parameter specified for the Service, without the prior written permission ofAT&T, shall terminate this Addendum and Customer will be subject to the termination charges described in paragraph3.C. above.

5. The network interface for the Service shall be determined by AT&T within the building where the Service isterminated, and Customer may attach its equipment at this point.

6. A. AT&T shall exclusively repair and maintain the Service on its side of the network interface and including thenetwork interface. Such maintenance of the Service shall be at AT&T's expense, except if required because ofnegligent or willful misconduct of Customer, its subsidiaries or affiliates, or any other person using Customer'sfacilities which are connected to AT&T's facilities, or because of the equipment provided by Customer or by any otherperson on Customer's behalf. In such event, Customer shall pay AT&T cost of labor and material as determined inaccordance with AT&T's cost accounting system; provided that, if the charge for any work operation is specified in aAT&T Tariff filed with the governmental regulatory commission with jurisdiction over the subject matter, the workoperation will be billed at the Tariff rate.

B. Customer shall ensure that the equipment it provides does not cause hazards to AT&T's personnel, or causedamage to or require modification of AT&T's equipment or facilities. Customer shall provide access to Customer'spremises and equipment to AT&T, its suppliers and agents for installation, testing, repair and maintenance purposes.Customer must maintain the property where AT&T installs or provides Services as a suitable and safe workingenvironment, free of Hazardous Materials. "Hazardous Materials" means any substance whose use, transport,storage, handling, disposal, or release is regulated to any law related to pollution, protection of air, water, or soil, orhealth and safety. AT&T does not handle, remove or dispose of Hazardous Materials and AT&T has no obligation toperform work at a site that is not a suitable and safe working environment. AT&T will not be liable for any HazardousMaterials at a site.

7. AT&T and Customer will take reasonable precautions in the location, construction and maintenance of their facilitiesso as not to interfere with the Service or facilities furnished by the other.

SW-1869TXTexas_HB2128_Addendum08125108331-8L6PV2 RAL# 204771

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8. No subsequent Addendum between Customer and AT&T concerning the Service shall be effective unless it is madein writing. No representation, promise, inducement or statement of intention has been made by either party which isnot embodied herein.

9. Notices under this Addendum shall be addressed as follows:

Customer: Dallas County, 600 Commerce St., Dallas, TX 75202

AT&T: AT&T Account Manager, 208 S. Akard St., 12th Floor, Dallas, TX 75202

The effective date of any notice under this Addendum shall be the date of receipt by the addressee.

10. The failure of either party to give notice of default or to strictly enforce or insist upon compliance with any of the termsor conditions of this Addendum, the waiver of any term or condition of this Addendum, or the granting of an extensionof time for performance shall not constitute the permanent waiver of any term or condition of this Addendum. ThisAddendum and each of its provisions shall remain at all times in full force and effect until modified by the parties inwriting.

11. NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTIES CLAIMING THROUGH OR FORSUCH PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

12. Customer shall not assign or otherwise transfer its rights or obligations under this Addendum except with the priorwritten consent of AT&T, which consent shall not be unreasonably withheld or delayed. AT&T may assign orsubcontract any portion of the Services to be performed without Customer's prior written approval.

13. This Addendum may be terminated immediately by either Party or AT&T may suspend performance hereunder orthereunder, upon written notice to the other Party if the other Party (i) is in material breach (including but not limited tofailure to make timely undisputed payments) and such failure or breach is not remedied within 30 days after theterminating Party provides written notice to the breaching Party specifically describing such breach; (ii) ceases tocarry on business as a going concern, becomes the object of voluntary or involuntary bankruptcy or liquidation, or areceiver is appointed with respect to a substantial part of its assets; (iii) engages in fraud, criminal conduct, or willfulmisconduct; or (iv) breaches the confidentiality obligations under this Addendum.

14. AT&T' failure to provide or maintain services under this Addendum shall be excused by force majeure events suchas, but not limited to, an earthquake, hurricane, flood, fire, storms, tornadoes, explosion, lightning, power surges orfailure, fiber cuts, strikes or labor disputes, acts of war, civil disturbances, acts of civil or military authorities or publicenemy, governmental orders, civil commotion, criminal actions taken against the Company, acts of God and othercircumstances beyond the Company's reasonable control.

15. Customer agrees to submit to AT&T all advertising, sales promotions, press releases and other publicity mattersrelating to Service wherein AT&T's names or marks are mentioned or language from which the connection of saidnames or marks therewith may be inferred or implied and Customer further agrees not to publish or use suchadvertising, sales promotion, press releases or publicity matters without AT&T's written approval.

16. This Addendum shall be effective as of the date of execution by last party.

17. This Addendum shall be a construed under and governed by the domestic laws of the State of Texas and exclusivevenue shall lie in Dallas County, Texas.

18. In addition to the provisions in this Addendum, Services are governed by applicable Texas state tariffs and the PublicUtility Regulatory Act of Texas (PURA). In the event of conflict or discrepancy between provisions of this Addendumand provisions of the applicable tariff as modified by PURA, the provisions of the tariff, as modified, will prevail. ThisAddendum and the applicable tariff, as modified, set forth the entire understanding of the parties and supersede anyand all prior Addendums, discussions, representations or proposals, written or oral, concerning the Service.

19. If applicable, this Addendum supersedes case #

IN WITNESS WHEREOF, the parties authorized representatives hereby execute this Addendum.

SW-1869TXTexas_HB2128_Addendum0812 sl0833 1-8L6PV2 RAL# 204771

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CUSTOM!f •

y: ~! -"':'

rinted ~~h1e:Title: '6ount~y=-=J=u~d":::"g"':::::e~=---------

Date: February 10, 2009Company Name: __ Dallas CountyCompany Address: __ 600 Connnerce, Ste 750Company City, State, and Zip Code: __Dalals, TX

75202

AT&T GLOBAL SERVICES

By: _

Printed Name: _

Title: _

Date: _

SW-1869TXTexa5_HB2128_Addendum0812510833 1-8L6PV2 RAL# 204771

End of Document

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CERTIFICATION OF

Dallas CountyCustomer Legal Business Name

Jim Foster, COLmty Judge(name of person signing the contract) states the following:

I was aware of the possibility of purchasing from other providers the services I purchased from Southwestern Bell Telephone,L.P. ("AT&T") in the contract dated (Effective Date).

This certification is a Texas Public Utiiity Commission mandated substantive rule (§26.211) requiring AT&T and otherincumbent local exchange companies to file quarterly reports with the Commission including a statement of the Customerattesting to the fact that the Customer is aware of the possibility of purchasing of services from other providers.

Jim Foster. COlmty JudgeRepresentative of Company Name

February 10, 2009Date

END OF DOCUMENT

SW-1869TXTexas_HB2128_Addendum0812 sl0833 1-8L6PV2 RAL# 204771

Page 4 of 4 01/05/07 Iv9099RBOC_reg

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ORDER NO:

DATE:

STATE OF TEXAS }

COUNTY OF DALLAS }

COURT ORDER

2009 0291February 10, 2009

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

10th February

made by Mike Canttell, Cormnissioner of District No.2

and seconded by jolm Wiley Price, Cormnissioner of District·No.3, the following Order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Dallas County Commissioners Court was briefed on February 3, 2009 regarding implantation of ascofflaw vehicle registration block program; and

Section 502.185 of the Texas Transportation Code allows for Counties to enter into a contract with theTexas Department of Transportation to block vehicle registrations for persons who have a fine, fee ortax that is past due; and

the Dallas County Commissioners Court approved on September 30, 2008 a contract with the TexasDepartment of Transportation for vehicle registration blocks; and

the Dallas County Tax Assessor/Collector has developed procedures to implement the scofflawvehicle registration block program; and

Dallas County IT Services has provided the Texas Department of Transportation with the datarequired to implement the scofflaw vehicle registration block program; and

the scofflaw vehicle registration block program is projected to generate additional revenue and reducethe number of unpaid fines, fees and taxes owed to Dallas County.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Commissioners Court of Dallas Countyauthorizes implementation of a scofflaw vehicle registration block program as authorized by Section 502.185 of theTexas Transportation Code.

~Recom

10th February

r~

, Dis~ct #3 I / ,Ke .

I~ Af4!-Ron Stretcher, Director of Criminal Justice

1COURT ORDER

ORDER NO: 2009 0292DATE: February 10, 2009

STATE OF TEXAS §

COUNTY OF DALLAS §

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

the 10th day of February , 2009 on a motion made byMike Cantrell, Commissioner of DistrictNo.2,and seconded by

Jolm Wiley Price, Commissioner of District No.3, the following Order was adopted.

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

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

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

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

NOW THEREFORE BE IT ADJUDGED, DECREED AND ORDERED by the Dallas County Commissioners

Court that the list of tax payments attached for the period ending 3RD FEBRUARY 2009

is hereby approved for refund.

DONE IN OPEN COURT, this the _

Recommended by:

February

For the period ending: 3RD FEBRUARY 2009

DALLAS COUNTY TAX ASSESSOR/COLLECTOR

REFUNDS FOR ERRONEOUS OR EXCESSIVE TAX PAYMENTS

FOR AMOUNTS OVER $2500.

ACCOUNT NUMBER TAXPAYER REQUESTING REFUND lAMOUNT OF REFUND CHECK #

00000368299400000 WASHINGTON MUTUAL $3,250.29 353264

38112020070160000 COUNTRYWIDE TAX SERVICES $2,619.67 356684

00000227086000000 WASHINTON MUTUAL $3,000.00 356985

161100400K0050000 COUNTRYWIDE TAX SERVICE CORP $2,811.01 356987

360011000B0230000 ABN AMRO MTG GROUP $4,465.44 356988

CIO FIRST AMERICAN REAL ESTATE

00C03600000A00106 EMC MORT CORP $5,631.27 357171

$21 ,7770681TOTAL

~~~~~~~~~~~~~~~~~~~~~~, for the Dallas County Audito(s Office

COURT ORDER

2009 0293ORDER NO: _


STATE OF TEXAS ) (

COUNTY OF DALLAS ) (

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

10th _____--'--'-'--'--':=...L.-... , 2009, on a motion made by

Mike Cantrell, Cormnissioner of District No. 2

Commissioner of District No. 3Jolm_________________________________, the following Order was adopted:

WHEREAS, on February 5, 2008 pursuant to Court Order 2008-283 Dallas County and OSI Collection Services, Inc.executed a formal contract for RFP No. 2003-049-1285 Request for Proposal for Collection Services for theperiod of February 5, 2009 through February 4, 2010; and

WHEREAS, OSI Collection Services, Inc. has given notice to the County that their company has merged with andbecome part of NCO Group, Inc., the parent company of NCO Financial Systems, Inc.; and

WHEREAS, by the attached Novation Agreement NCO Financial Systems, Inc. agrees to assume the liability of the saidcontract for the balance of the contract period; and

WHEREAS, this action supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, and accountablegovernance

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court doeshereby authorize the County Judge to execute the attached Novation Agreement with OCI Collections Services, Inc. andNCO Financial Systems, Inc. for the liability of RFP No. 2003-049-1285 Request for Proposal for Collection Services forthe balance of the contract period and in accordance with the terms and conditions set forth and authorizes all Countydocuments/payments to reflect accordingly.

Mike Cantrell, District #2

February ~9

~~~~

~ n-~,--~~ I ' i . j

Recommended by( C~csU""- . ,\l~""""ISjnda S. Boles, Assistant Purchasing Agent

<;:

DONE IN OPEN COURT this the _----:..--:.-.:.- _

THE COUNTY OF DALLAS

THE STATE OF TEXAS

§§§§

NOVATION AGREEMENT

BETWEEN

DALLAS COUNTY("County")

AND

OSI COLLECTION SERVICES, INC.("Original Contractor")

AND

NCO FINANCIAL SYSTEMS, INC.("Substitute Contractor")

FOR COLLECTION SERVICES CONTRACT

This Novation Agreement (hereinafter, "Agreement") is made and entered into this 9th day ofJanuary, 2009 (hereinafter, the "Effective Date"), by and between Dallas County (hereinafter, "County"), agovernmental entity formed and existing under the laws of the State of Texas, acting by and through theDallas County Commissioners Court (hereinafter, "Commissioners Court"), OSI Collection Services, Inc.(hereinafter, "OSI" or the "Original Contractor"), a corporation authorized to do business in the State ofTexas, and NCO Financial Systems, Inc. (hereinafter, "NCO" or the "Substitute Contractor"), a corporationauthorized to do business in the State of Texas. County, OSI, and NCO may be referred to in thisAgreement individually as "Party" and collectively as "Parties."

WHEREAS, on February 17, 2003, County opened RFP No. 2003-049-1285 Request forProposal for Collection Services to solicit proposals to provide collection services for the criminal, civil,and family courts and related programs, as authorized by the Commissioners Court; and

WHEREAS, as a result of the competitive evaluation process, on January 6, 2004, pursuant toDallas County Commissioners Court Order No. 2004-045, County, through its Commissioners Court,awarded the RFP to OSI Collection Services, Inc.; and

WHEREAS, County and OSI Collection Services, Inc. executed a formal contract for collectionservices (hereinafter, the "Contract"), pursuant to Dallas County Commissioners Court Order No. 2008283 approved on February 5, 2008, for a two (2) year period commencing on February 5, 2008 throughFebruary 4, 2010; and

WHEREAS, on February 29, 2008,Outsourcing Solutions Inc. merged with and became a part ofNCO Group, Inc., the parent company of NCO Financial Systems, Inc.; and

WHEREAS, the Parties agree that NCO has continued to perform under the Contract prior toCounty's written receipt and notification of the acquisition of OSI by NCO; and

WHEREAS, under Section 23(q)(1) of the contract, OSI is still obligated to fulfill the terms andconditions of the original contract; and

1

WHEREAS, under Section 23(q)(1) of the contract, County approval is needed to transfer or assignOSI's interest in this contract to an entity that acquires all or substantially all of OSl's assets through County'sformal approval process; and

WHEREAS, OSI has requested the consent and approval of County to transfer the Contract fromOSI to NCO; and

WHEREAS, OSI desires to be released and discharged from the Contract, and NCO desires toassume the Contract; and

WHEREAS, County is willing to agree to the release and discharge of OSI from the Contract and theassumption of the Contract by NCO provided that NCO agrees to: (1) undertake the performance of theContract upon the terms and conditions of the Contract; (2) be bound by the terms and conditions of theContract; (3) assume all claims, liabilities, and other obligations of OSI under the Contract; and (4) be boundby certain other agreements hereinafter set forth that are made between the Parties.

NOW, THEREFORE, in consideration of the promises, inducements, covenants, agreements,conditions, and other good and valuable consideration, the receipt of which is hereby acknowledged andconfessed, the Parties agree as follows:

1. Undertaking of Substitute Contractor. The Substitute Contractor will undertake to fully perform and beresponsible for the pre-sort mailing services required under the Contract and to be bound by the termsand conditions thereto in all respects as if the Substitute Contractor was the original party to the Contractin lieu of the Original Contractor, including, but not limited to, assumption of all claims, liabilities, andother obligations of the Original Contractor, terms and conditions of the Original Contractor, ·and to.beresponsible for all acts of negligence of the Original Contractor in the execution or performance ofservices in connection therewith. Except as otherwise provided in this Agreement, the SubstituteContractor is entitled to all rights, title, and interest of the Original Contractor in and to the Contract in allrespects as if the Substitute Contractor was the original party to the Contract. Notwithstanding theforegoing, County does not waive or abrogate any of its rights, title, and interest in any respect under theContract by execution hereof. The term "Contractor" as used in the Contract shall be deemed, after theEffective Date of this Agreement, to.refer to the Substitute Contractor rather than the Original Contractor.

2. Release of Original Contractor and Agreement for Acceptance of Substitute Contractor. Countv.conditioned upon acceptance of same by the Substitute Contractor, releases and discharges the OriginalContractor from any and all obligations arising out of the performance of the services of the Contract andaccepts the liability of the Substitute Contractor in lieu of the liability of the Original Contractor, andagrees to be bound by the terms of the Contract in all respects as if the Substitute Contractor was namedtherein in place of the Original Contractor. Except as otherwise explicitly set forth herein, Countyreserves all of its rights under the Contract, at law and in equity. Neither this Agreement nor anyprovision hereof shall be deemed or construed to be a waiver of any of the rights or claims, at law or inequity, of County under the Contract, including any rights or claims which County may have or believeitself to have against the Original Contractor and/or Substitute Contractor under the Contract.

3. Release of County. Upon execution of this Agreement, the Original Contractor, for itself and on behalf ofits attorneys, assigns, predecessors, successors, agents, and employees IRREVOCABLY ANDUNCONDITIONALLY RELEASES, ACQUITS, AND FOREVER DISCHARGES Dallas County, DallasCounty Commissioners Court, Dallas County Commissioners, Dallas County Judge, Dallas Countyelected officials, appointed officials, officers, directors, employees, agents, and representatives from anyand all claims of liability under the Contract, whether known or unknown, now existing or hereafterexisting, relating to or arising out of the Contract. The Original Contractor agrees that County has fulfilledany and all of its obligations to the Original Contractor arising out of, from, or under the Contract,including, but not limited to, payments of sums due to the Original Contractor. The Original Contractorfurther releases County from any and all liability that may arise out of payments made to the SubstitutedContractor commencing on or after the Effective Date of this Agreement. The Original Contractorrepresents and warrants that all payments or monies due or that becomes due under the Contract shall

2

be paid to the Substitute Contractor as of the Effective Date of this Agreement. County is herebyreleased from any and all obligation to pay the Original Contractor as of the Effective Date of thisAgreement, and the Original Contractor agrees to indemnify and hold County harmless from any and allliability arising from this Agreement, including, but not limited to, payments of any and all monies paid tothe Substitute Contractor under the Contract.

4. Indemnification of Original Contractor. The Parties agree that any and all indemnification provisionsprovided under the Contract survive termination of this Agreement.

5. Severability. If any term or provision of this Agreement is construed or found to be void, voidable, illegal,unenforceable, or invalid, this will not affect the legality, enforceability, or validity of any of the other termsor provisions of this Agreement. The illegal, unenforceable, or invalid term or provision shall be deemedstricken and deleted, but all other terms and provisions shall nevertheless continue and be given fullforce and effect as if the illegal, unenforceable, or invalid terms or provisions had never beenincorporated.

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

7. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Partiesrelating to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements,understandings, representations, and warranties, whether oral or written, relating to the subject matterhereof. Each Party acknowledges that the other Party, or anyone acting on behalf of the other Party hasmade no representations, inducements, promises, or agreements, orally or otherwise, unless suchrepresentations, inducements, promises, or agreements are embodied in this Agreement, expressly or byincorporation.

8. Modification by Written Agreement. No modification, amendment, or other alteration of this Agreementshall be effective unless mutually agreed upon in writing and executed by the Parties hereto. Anyattempted modification, amendment, or modification of this Agreement that does not comply with thisParagraph 8 shail be deemed void.

9. Governing Law. The validity and interpretation of this Agreement, the rights and obligations of the Partieshereunder, and any and all disputes arising out of or relating to this Agreement shall be governed by,construed, and enforced in accordance with the laws of the State of Texas.

10. Venue. This Agreement is performable and enforceable in Dallas County, Texas where the principaloffice of County is located, and the state courts of Dallas County shall be the sole and exclusive venuefor any litigation, special proceeding, or other proceeding as between the Parties that may be brought, orarise out of, in connection with, or by reason of this Agreement.

11. Third Parties. The obligations of each Party to this Agreement shall inure solely to the benefit of the otherParties, and no other person or entity shall be a third party beneficiary of this Agreement or have anyright to enforce any obligation created or established under this Agreement. The Parties do not intend byany provision of this Agreement to create any rights in favor of or increase the rights of any third party,nor confer any benefit or enforceable rights, under this Agreement or otherwise, upon any person orentity other than the Parties.

12. Legal and Binding Effect. This Agreement has been duly executed and delivered by the Parties andconstitutes a legal, valid, and/or binding obligation of the Parties. This Agreement and the respectiverights and obligations of the Parties hereto shall inure to the benefit and be binding upon the successorsand assigns of the Parties hereto, as well as the Parties themselves.

3

13. Administrative Expenses. Each of the Parties hereto shall be responsible for and shall pay all of its ownadministrative expenses incurred in connection with the negotiation, preparation, and finalization of thisAgreement, including, without limitation, all legal fees and other expenses incident to the negotiation,preparation, and execution of this Agreement.

14. Covenant of Further Assurances. The Parties shall execute such documents and other papers and takesuch further actions as may be reasonably required or desirable to carry out the provisions of thisAgreement.

15. Counterparts, Numbers, Gender, and Headings. This Agreement may be executed in multiplecounterparts, each of which shall be deemed to be an original, but all of which together shall constituteone and the same instrument. Words of any gender used in this Agreement shall be held and construedto include any other gender. Any words in the singular shall include the plural and vice versa, unless thecontext clearly requires otherwise. Headings herein are for the convenience of reference only and shallnot be considered in any interpretation of this Agreement

16. Warranties. The Substitute Contractor warrants that it is a corporation formed and existing under thelaws of the Commonwealth of Pennsylvania, is authorized to conduct business in the State of Texas, andis not delinquent in the payment of any tax owed to the State of Texas.

17. Signatory Warranty. The person or persons signing and executing this Agreement on behalf of eachParty, or representing themselves as signing and executing this Agreement on behalf of each Party, dohereby warrant and guarantee that he, she, or they have been duly authorized by the Party to executethis Agreement on behalf of the Party and have full right and authority to validly and legally bind the Partyto all terms, conditions, and provisions herein set forth.

4

18. Acceptances. By their signatures below, the duly authorized representatives of County, the OriginalContractor, and the Substitute Contractor have read and fully understand the terms of this Agreement,including the Parties' rights and obligations hereunder, and accept the terms of this Agreement in full.

EXECUTED this Sth day of January, 200S.

DALLAS COUNTY:

---Jim FosterDallas County Judge

ORIGINAL CONTRACTOR:OSI Collectio rvices, Inc.

Jl.EG MMENDED:. . (

. ~utJ~BY: Shannon Brown

Dallas County Purchasing Agent

APPROVED AS TO FORM*:

c ell, ChiefDallas County District Attorney's Office, Civil Division

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

5

COURT ORDER

2009 0294ORDER NO: -----------


STATE OF TEXAS ) (



10th February

11ike Cantrell, Commissioner of District No. 2

Commissioner of District No. 3John________________________________, the following Order was adopted:

WHEREAS, the Purchasing Department briefed the Dallas County Commissioners Court on February 10,2009concerning the extension of Bid No. 2008-033-3296 Annual Contract for Overhead Door Repair andReplacement Services; and

WHEREAS, the term of this contract is February 26,2009 through February 25,2010; and

WHEREAS, the awarded vendor has agreed to extend their current bid based on the existing tenus, conditions andpricing structure set forth in the original bid award or as amended; and

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

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court doeshereby authorize the first extension of Bid No. 2008-033-3296 Annual Contract for Overhead Door Repair andReplacement Services with Superior Overhead Door Co., for an additional twelve (12) month period effective February26,2009 through February 25, 2010, and authorizes all County documents/payments to reflect accordingly.

10th February


COURT ORDER

2009 0295ORDER NO: _


STATE OF TEXAS ) (



10th February

Mike Cantrell, Commissioner of District No. 2

John Wiley Price, Commissioner of District No. 3

WHEREAS, the Purchasing Department briefed the Dallas County Commissioners COUli on February 10, 2009concerning the extension of Bid No. 2008-038-3305 Annual Contract for Janitorial Services for the Instituteof Forensic Sciences; and

WHEREAS, the term of this contract is March 1, 2009 through February 28, 2010; and

WHEREAS, the awarded vendor has agreed to extend their current bid based on the existing terms, conditions andpricing structure set forth in the original bid award or as amended; and

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

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court doeshereby authorize the first extension of Bid No. 2008-038-3305 Annual Contract for Janitorial Services for the Instituteof Forensic Sciences with Mendoza Maintenance Group, Inc., for an additional twelve (12) month period effectiveMarch 1, 2009 through February 28, 2010, and authorizes all County documents/payments to reflect accordingly.

10th ,2009

Recommended by:Assrstanr Purchasing Agent/gm

COURT ORDER

2009 0296ORDER NO: _


STATE OF TEXAS ) (


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

10th February

Mike Cantrell, Commissioner of District No. 2 , and seconded by


WHEREAS, the Purchasing Department opened Bid No. 2009-026-4110 Annual Contract for Pick-up and Disposal ofBio-Hazardous Medical Waste on December 15,2008; and

WHEREAS, the Purchasing Department received one (1) bid from Stericycle Inc., for the requested services; and

WHEREAS, the Purchasing Department and the Office of the Medical Examiner are requesting that Bid No. 2009-0264110 Annual Contract for Pick-up and Disposal of Bio-Hazardous Medical Waste be cancelled and re-biddue to the fact the bid submitted by Stericycle Inc., is not cost effective; and

WHEREAS, the Purchasing Department has identified at least one (l) additional source who is interested in bidding ontheses type of services; and

WHEREAS, this bid cancellation supports Vision 1, Strategy 1.3 by providing a sound, financially responsible, andaccountable governance

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court doeshereby authorize the cancellation of Bid No. 2009-026-4110 Annual Contract for Pick-up and Disposal of Bio-HazardousMedical Waste and the rejection of any and all bids received.

DONE IN OPEN COURT this the -"-..,1-~


I

RecommendedLUU'U'~'''' Purchasing Agent/gm

COURT ORDER

ORDER NO.',J t).. 0',",'9'(Wi! \ 0297


STATE OF TEXAS

COUNTY OF DALLAS

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

, and seconded

the 10th day of ---=F::...;e:::::.;b:::.:::rua==ry=..J- , 2009, on motion made

by Mike Cantrell, Commissioner of District No.2


WHEREAS, the matter set forth below was briefed before Commissioners Court on February 3,2009; and

WHEREAS, pursuant to Court Order 2001-1075 dated June 25,2001, Dallas County and the City ofMesquite enteredinto a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENTPROJECTS which authorized transportation improvements on F. P. LUCAS BOULEVARD MCIP PROJECT 21904 fromMcKenzie Drive to Cartwright Road; and

WHEREAS, the City ofMesquite has Council approval of the attached SUPPLEMENTAL AGREEMENT TO MASTERAGREEMENT for the F. P. Lucas Boulevard MCIP Project 21904 for which COUNTY has agreed to be the LEADAGENCY through completion of construction; and

WHEREAS, the City has agreed to participate on at least a fifty/fifty basis for funding of the project as detailed in the attachedSUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT; and

WHEREAS, this project will improve County transportation and other infrastructure which is consistent with Vision 4: Dallas Countyproactively addresses critical regional issues and Vision 5: Dallas County is the destination of choice for residentsand businesses; and

WHEREAS, the Director ofPublic Works recommends execution of the attached SUPPLEMENTAL AGREEMENT TO MASTERAGREEMENT for the F. P. Lucas Boulevard MeIP Project 21904,

Feb,......:lI"!:~T(

Donald R. Holzwarth, P.E.,Director of Public Works//::/~f

10th

RecommendedFor Approval:

qrYl

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge ishereby authorized and directed to execute attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNINGTRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS for the F. P. Lucas Boulevard MCIP Project 21904 fromMcKenzie Drive to Cartwright Road with the City ofMesquite.

STATE OF TEXAS §

COUNTY OF DALLAS §

DALLASCOUNTYCAPITAL~PROVEMENTPROGRAM

PROJECT SUPPLEMENTAL AGREEMENTTO THE MASTER AGREEMENT GOVERNING

MAJOR CAPITAL TRANSPORTATION ~PROVEMENTPROJECTS

The City of Mesquite, Texas, hereinafter called "CITY", and the County of Dallas, Texas,hereinafter called "COUNTY", desire to enter into a PROJECT SUPPLEMENTAL AGREEMENT,hereinafter called "PSA", in order to contract for the implementation of the Major CapitalImprovement Project authorized by Court Order 2001-1075 dated June 25, 2001 which approvedspecified projects including F. P. LUCAS BOULEVARD MCIP Project 21904 from McKENZIEDRIVE to CARTWRIGHT ROAD, hereinafter called "PROJECT".

WHEREAS, the COUNTY has requested that it be designated as the LEAD AGENCY for theproject and will provide the Project Manager; and

WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE and TEXASTRANSPORTATION CODE ARTICLE 251 provides authorization for local governments to contractwith each other for the performance of governmental functions and services, and joint funding of roador street projects.

NOW THEREFORE THIS PSA is made by and entered into by the CITY, and theCOUNTY, upon and for Ten Dollars ($10.00) the receipt and sufficiency of which is confessed andacknowledged for the mutual consideration stated herein.

WITNESSETH

ARTICLE I.PROJECT SUPPLEMENTAL AGREEMENT

This PSA is to specifically identify the PROJECT, changes in the rights and responsibilities of each ofthe parties as set forth in the MASTER AGREEMENT and additions thereto as incorporated herein.This PSA will be an addition to the MASTER AGREEMENT and incorporate each of its terms andconditions. All terms of the MASTER AGREEMENT remain in full force and effect except asmodified herein. In the event of any conflict between the MASTER AGREEMENT and this PSA, thisPSA shall control.

ARTICLEllINCORPORATED DOCUMENTS

This PSA incorporates, as if fully reproduced herein word for word and number for number, thefollowing items:

PSA-City ofMesquite-FPLucas. 11-08

1

1. MASTER AGREEMENT authorized by County Commissioners Court Order 2001- 1075 datedJune 25, 2001, and additions thereto as incorporated herein.

2. Project Scoping Sheets, as shown in ATTACHMENT "A".3. The Pre-Design Charrette MEMORANDUM OF AGREEMENT between City and County, as

shown in ATTACHMENT "B"; The MEMORANDUM OF AGREE:MENT between the Cityand County was produced by the collective effort of all parties at the Pre-Design Charrette heldfor this project on the 30th day of June, 2008. Together with ATTACHMENT "A", it defines thescope of the project, with an agreed upon preliminary alignment and the specific right-of-way tobe acquired.

4. CURRENT COST ESTIMATES AND FUNDING SOURCES, as shown in ATTACHMENT"C".

5. PROPOSED PROJECT SCHEDULE, as shown in ATTACHMENT "D".6. Pre-Design Charrette Sign-In Sheet, ATTACHMENT "E".

ARTICLE IIITERM OF AGREEMENT

This PSA becomes effective when signed by the last party whose signing makes the respectiveagreement fully executed (The "Effective Date") and shall terminate upon the completion andacceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions inthe MASTER AGREEMENT, Article IV. Section 1, Termination.

ARTICLE IVPROJECT DESCRIPTION

This PSA is entered into by the parties for public transportation improvements to F. P. LUCl:1...SBOlJLEVARD Project 21904 from McKENZIE DRIVE to CARTWRIGHT ROAD, as morespecifically described in ATTACHMENT "A", Project Scoping Sheets. This project will facilitate themovement ofpublic transportation to benefit both the CITY and COUNTY. The CITY has and herebydoes give its approval for expenditure of COUNTY funds for the construction, improvement,1"Y\a;ntonanl""o or repair Ar a ,,+raO+ located u1;th;n tho munici ..... a 1;t'<1LL1UL.lL~',IJ.LaL.lVV, L VL U ':>~L vv~ ~vu. VV L~LLU.L ~LLV L vLpaLL~J .

Article VFISCAL FUNDING

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availabilityof 'COUNTY funding for each item and obligation contained herein. CITY shall have no right ofaction against the County of Dallas as regards this PSA, specifically including any funding byCOUNTY of the Project in the event that the COUNTY is unable to fulfill its obligations under thisPSA as a result of the lack of sufficient funding for any item or obligation from any source utilized tofund this PSA or failure of any funding party to budget or authorize funding for this PSA during thecurrent or future fiscal years. In the event of insufficient funding, or if funds become unavailable inwhole or part, the COUNTY, at its sole discretion, may provide funds from a separate source orterminate this PSA. In the event that payments or expenditures are made, they shall be made fromcurrent funds as required by Chapter 791, Texas Government Code.

PSA-City orM esquite-FPLucas. 11-08

2

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availabilityof CITY funding for each item and obligation contained herein. COUNTY shall have no right ofaction against the CITY as regards this PSA, specifically including any funding by CITY of thePROJECT in the event that the CITY is unable to fulfill its obligations under this PSA as a result of thelack of sufficient funding for any item or obligation from any source utilized to fund this PSA orfailure of any funding party to budget or authorize funding for this PSA during the current or futurefiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, theCITY, as its sole discretion, may provide funds from a separate source or terminate this PSA. In theevent that payments or expenditures are made, they shall be made from current funds as required byChapter 791, Texas Government Code.

ARTICLE VIAGREEMENTS

COUNTY AND CITY DO COVENANT AND AGREE AS FOLLOWS

1. COUNTY will be the LEAD AGENCY for the PROJECT.

2. CITY and COUNTY mutually agree that the PROJECT limits are F. P. LUCAS BOULEVARDfrom McKENZIE DRIVE to CARTWRIGHT ROAD.

3. The agreed upon STANDARD BASIC PROJECT DESIGN for the project is as defined in theProject Scoping Sheets, ATTACHMENT "A". Such design shall be the STANDARD BASICPROJECT DESIGN for the PROJECT and specifically does not include PAVING andDRAINAGE AMENITIES or UTILITY BETTERMENTS as defined in the MASTERAGREEMENT.

4. Results from the Pre-Design Charrette are included in the MEMORANDUM OF AGREEMENTas attached hereto as ATTACHMENT "B".

5. The PROJECT will require the acquisition of road right-of-way within specific right-of-wayalignment which is specifically all real property needed or convenient for roadway purposes asshown in the PROJECT design or right-of-way plans and specifically includes all real propertyoutside of the designed right-of-way needed or convenient to the construction.., drainage,interface with adjoining streets or alleys, driveways or other access ways or other PROJECTpermanent or temporary easements which is approved by CITY and COUNTY. Such right-ofway acquisition shall be the responsibility of the COUNTY as LEAD AGENCY, and shall befunded as part ofPROJECT costs.

ARTICLE VIICITY COVENANTS AND AGREES AS FOLLOWS

1. To execute the necessary agreements for the implementation of design and construction of thePROJECT mutually agreed upon and incorporated herein by this PSA.

2. This PSA is CITY approval of the preferred alignment, proposed estimated budget and fundingas shown in the CURRENT COST ESTIMATES AND FUNDING SOURCES,ATTACHMENT "C", and commitment to meet PROJECT funding for each milestone asspecified in the attached MEMORANDUM OF AGREEMENT.

PSA-City ofMesquite-FPLucas. 11-08

3

3. If the CITY requests COUNTY to add relocation or adjustment of CITY UTILITIES orUTlLITY BETTERMENTS, as defined in the MASTER AGREEMENT, CITY covenants andagrees that it will pay 100% of the costs of these additions.

4. The CITY agrees that COUNTY may include any such item as an optional item to theconstruction bidding. CITY further agrees to review the bids submitted, the bid specifications,quantities, bid amount and any other item the CITY shall choose to review and furnish a writtenacceptance or rejection of the bid within ten (10) days. In the event the bid is accepted, CITYagrees to encumber an amount adequate for the total estimated project costs as indicated inATTACHMENT "C". No optional PAVING and DRAINAGE AMENITIES, relocation oradjustment of CITY UTILITIES or UTILITY BETTERMENT construction contract orbid will be accepted without full payment of the bid amount by CITY. In the event thePAVING and DRAINAGE AMENITIES or UTlLITY BETTERMENTS bid is rejected, it willnot be included in the construction contract.

ARTICLE VIII.rOTTNTY COVENANTS AGR..EES AS FOLLOWS

County shall be the LEAD AGENCY for this PROJECT. COUNTY will provide projectmanagement of the Project from commencement of planning to completion of construction.

ARTICLE IX.FUNDING

1. COUNTY and CITY mutually agree to proportionately fund the DIRECT PROJECT andPROGRAM cost as follows.

2. The CITY will be responsible for the current estimated project costs for paving and drainageimprovements as indicated in ATTACHMENT I.I.C", which is currently estimated not to exceedFive Million, Six Hundred Fifty Thousand Dollars and 00/100 dollars ($5,650,000.00). If thetotal PROJECT costs excluding paving and drainage amenities or utility betterments shouldexceed this amount, the CITY and COlJJ'.~TY agree to amend the project's scope to remainwithin the current estimated Not To Exceed amount or to be responsible for their respectiveestimated share (50% CITY and 50% COUNTY) of all County Commissioners Court approvedadditional PROJECT costs.

3. CITY agrees to encumber an amount adequate for total estimated project costs as determinedprior to the commencement of each PROJECT milestone as determined by COUNTY within 30days of notification by COUNTY. The CITY will pay PROJECT costs as invoiced by theCOUNTY in accordance with the Texas Prompt Payment Act.

4. COUNTY agrees to provide funding for the PROJECT in the Not To Exceed Amount of FiveMillion, Six Hundred Fifty Thousand Dollars and 00/100 dollars ($5,650,000.00). Projectcosts may include all COUNTY project delivery costs including but not limited to preliminaryscoping and research, preliminary design services, special services, primary design services,inspection, laboratory services and construction.

5. CITY covenants and agrees that it has directed COUNTY to include PAVING and DRAINAGEAMENITIES, UTlLITY BETTERMENTS as defined in the MASTER AGREEMENT, andrelocation or adjustment of CITY UTlLITIES in the PROJECT. CITY and COUNTY agree

PSA-CitvofMesquite-FPLucas. 11-08

4

that CITY, in addition to the above listed PROJECT cost, shall pay 100% of each item and alladditional County DIRECT PROJECT and PROGRAM COST for the inclusion of such items inthe PROJECT.

ARTICLE XMISCELLANEOUS

A. No Third Party Beneficiaries, The terms and provisions of this PSA are for the benefit of theparties hereto and not for the benefit of any third party. It is the express intention of CITY andCOUNTY that any entity other than CITY or COUNTY receiving services or benefits under thisPSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth thecontractual right and responsibilities of the parties hereto.

B. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity ofCOUNTY and Governmental Immunity of CITY, Title 5 of the Texas Civil Practice andRemedies Code, as amended, and all applicable Federal and State Law. This PSA shall begoverned by and construed in accordance with the laws and case decisions of the State of Texas.Exclusive venue for any legal action regarding this PSA filed by either CITY or COUNTY shallbe in Dallas County, Texas.

C. Notice. Any notice provided for in this Agreement to be given by either party to the other, shallbe required to be in writing and shall be deemed given when personally delivered, or two (2)business days after being deposited in the United States Mail, postage prepaid, certified,returned receipt requested, or registered addressed as follows:

To County: County ofDallasMr. Donald Holzwarth, P.E.Director ofPublic WorksDallas County Administration Building411 Elm Street, Fourth FloorDallas County, Texas 75202-3389

To City: City ofMesquiteMr. Tim Tumulty, P.E.Director ofPublic WorksP. O. Box 850137Mesquite, Texas 75185-0137

Either party may change its address for notice by giving the other party notice thereof

D. Assignment. This PSA may not be assigned or transferred by either party without the priorwritten consent of the other party.

E. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by bothparties and constitutes a legal, valid and binding obligation of the parties, their successors andpermitted assigns.

F. Amendment. This PSA may not be amended except in a written instrument specificallyreferring to this PSA and signed by the parties hereto.

PSA-Citv o(Mesquite-FPLucas. 11-08

5

G. Number and Gender. Words of any gender used in this PSA shall be held and construed toinclude any other gender and words in the singular shall include the plural and vice versa, unlessthe context clearly requires otherwise.

H. Effective Date. This PSA shall commence on the Effective Date. The Effective Date of thisPSA shall be the date it is executed by the last of the parties. Reference to the date of executionshall mean the Effective Date.

I. Counterparts. This PSA may be executed in multiple counterparts, each of which shall bedeemed an original, but all of which shall constitute one and the same instrument.

1. Severability. If one or more of the provisions in this PSA shall for any reason be held to beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceabilityshall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construedas if such provision had never been contained herein, and shall not affect the remainingprovisions of this PSA, which shall remain in full force and effect.

K. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes alloral or written previous and contemporary agreements between the parties and relating tomatters in the PSA.

The City ofMesquite, State of Texas, has executed the Agreement pursuant to duly

authorized City Council Resolution DI-aOO'j , Minutes Dated the 5.j-~ayOf~200'1.

The County ofDallas, State of Texas, has executed this agreement pursuant to

Commissioners Court Order Number 2009-0297 and passed on the 10th day of February ,2002·

CITY OF MESQUITE

BY~~~. (Mantljtr

ATTEST:

COUNTY OF DALLAS

APPROVED AS TO FORM*:

BOB SCHELLCHIEF CIVIL SECTION*DISTRICT ATTORNEY'S OFFICE

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

PSA-Citv o(Mesquite-FPLucas. 11-08

6

ATTACHMENT A

Project Specific Agreement to Master Agreement GoverningTransportation Major Capital Improvement Projects

PROJECT NAME: F. P. Lucas, Snr. BoulevardMCIP PROJECT 21904

PROJECT SCOPING SHEETS

PAVEMENT AND ALIGNMENT TOPICS

SPECIFIC ROW ALIGNMENT DESCRIPTION:

City Council approves of the Financing, Construction or Improvement on F. B.Lucas Boulevard beginning at McKenzie Drive and ending at Cartwright Roadwith an approximate ROW width of 120-feet or as otherwise necessary andconvenient for construction of the project, as more fully described in theCity/NCTCOG Thoroughfarel Transportation Plan and consent to acquire bycondemnation, right of way or easement which Dallas County CommissionersCourt determines is necessary or convenient to the project.

LEAD AGENCY: Dallas County

LEAD AGENCY'S PROJECT MANAGER: John L. Mears, P.E.CONTACT INFORMATION: 411 Elm St., 4th floor, Dallas, Texas75202, Tel.: 214-653-6407, Fax: 214-653-6445

PROJECT LENGTH: 8,300 feet or 1.572 miles

PAVEMENT SECTION

PAVING DESIGN CRITERIA:

ROW WIDTH:

AASHTO & City

Existing:Proposed:

Varies120 feet but varies to 200' at bridges

PAVE:MENT WIDTH:Existing: Varies - mostly 2-lane asphalt

- 1 -

ATTACHMENT A



PROJECT SCOPING SHEETSProposed: Project submitted as 6-vehicle lanes. However City Council approved sectionchange September 4, 2007 to 4-vehicle lanes with two additional integral 6' bike lanes (seeattached M&C with new cross section)

No. of lanes proposed: See above - total of 4 vehicle lanes with and additional two 6'wide integral bike lanes (see attached section).

PARKWAY:Proposed Width: 18.5 feet

Proposed Sidewalk Width: 6 feet - in floodplain, city owned and developed areas.

Parkway cross fall slope maximum: 1/.1" per foot to outside of sidewalk - then 4H:1Vmaximum

GRADE REQUIRE:MENTS:Is TC 6" below adjacent ground criteria to be followed: Generally yes except in floodplain.Depends on how adjacent land drains. If adjacent land drains to ROW then generally theTC must match or be slightly lower than the existing grade.

Any deep cuts, high fills:

PAVEMENT CROSS FALL:

High fills in floodplain areas.

PROPOSED: 1/.1" per foot

MINIMUM: 1/.1" per foot

MAXIMUM: 3/.1" per foot

VERTICAL GRADE:

MINIMUM:

MAXIMUM:

Prefer 1% will go somewhat lower (0.8%) in difficult areas.

6%

CENTERLINE ALIGN:MENT POSITION:

- 2 -

ATTACHMENT A



PROJECT SCOPING SHEETSIN CENTER OF EXISTING ROW: Generally No - offset to north - see attachment

with section

OFFSET FROM CENTER: Yes

ON BRAND NEW ALIGNMENT: No

LEFT TURN LANES:McKenzie Road (both legs)

MINIMUM LENGTH:

MINIMUM STORAGE:

WIDTH:

Yes - At High School, Lucas Farms Entrance and

150' Storage and 150' Transition

Typically 150'

Typical 10.5'

ANY DUAL TlJRN Lf\NES?

ANY FREE RIGHT TURN LANES: No

CRASH CUSHIONS / ATTENTUATORS INVOLVED: No

RAILROAD CROSSINGS INVOLVED:

NEIGHBORHOOD MEETING, REQUIRED:

No

No - Few homes on alignment

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? NA

BRIDGES/BOX CULVERTS INVOLVED?

PAVEMENT STRUCTURE

DESIGN WHEEL LOAD HS-20

BUS AND HEAVY TRUCK TRAFFIC: Yes

YES - Major floodplain and bridges

ROADWAY CLASSIFICATION: Arterial A6·120 per adopted City Thoroughfare Plan

- 3 -

ATTACHMENT A


PROJECT NAME: F. P. Lucas, Sur. BoulevardMCIP PROJECT 21904

PROJECT SCOPING SHEETSMINIMUM PAVEMENT STRUCTURE THICKNESS: Minimum 10" Concrete - Six Sack- 4,000 psi with No.4 reinforcing at 18" centers each way

MINIMUM PAVEMENT BASE OR SUBGRADE THICKNESS: 8" Lime Subgrade at 44Ibs/SY Lime application rate

DESIGN SPEED: 45 mph

POSTED SPEE: 40 mph

MEDLANS

MEDIAN WIDTH: 45-feet with eventual 21-foot width after paving of two inside lanes

ANY MID BLOCK OPENINGS TO CONSIDER: Yes

f\J~Y SIDE STRFETS TOO CLOSE FOR OPENING: No - At Present Few StreetConnections

STANDARD TURN LANE WIDTH:

STANDARD NOSE WIDTH:

10.5 feet

21-feet minus the 10.5 feet

- 4 -

ATTACHMENT A



PROJECT SCOPING SHEETSDRIVEWAYS:

MAXIMIMUM RESIDENTIAL GRADE:

MAXIMIMUM COMMERCIAL GRADE:

MINIMUM COMMERCIAL DRIVEWAY WIDTH:

SIDE STREET CONSIDERATIONS:

TURNING RPJ)IUS, MI1\TJ}AlTh1: 35' McKenzie

10%

70/0

Depends - See City Code

PAVEMENT THICKNESS: 8" Concrete - McKenzie

COlvllvlERCIALDRIVEWAY THICKNESS:

COl\1MERCIAL DRiVE WAY STRENGTH:

6"

Same as street

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA: Use City Criteria

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS): Depends onpavement section - generally 5' for arterial street

MINIMUM COVER LATERALS: Depends on pavement section - generally L' belowbottom of lime subgrade

BRIDGES/BOX CULVERTS INVOLVED: Yes - Major Bridge Involved - Sister Bridge ofnew TXDOT Bridge

100 YEAR FLOOD PLAIN CONSIDERATION: Desire 2.0 feet however use samefreeboard to 100-Year Ultimate W.S. Elevation as new TXDOT bridge

NEEDED PERMITS - WHO'S RESPONSIBILITY

COE 404 PERMITS: YES - County's Responsibility

- 5 -

ATTACHMENT A



PROJECT SCOPING SHEETSTCEQ 401 PERMIT: Unsure - City has no experience with a TCEQ 401 permit.

CDC PERMIT: Unsure - City has no experience with a CDC permit.

EIS:

ADA PERMIT:

NO

Yes if pedestrian elements exceed $50,000 - County Responsibility

ANY OTHER PERMITS FROM OTHER AGENCIES SUCH ASTXDOT: NODFW AIRPORT, NODART, ETC.? NO

FEMA: YES· County/City's Responsibility (put CLOMR & LOMR in contract scope)

UTILITIES

LIST OF ALL KNOWN UTILITIES: Previously sent record drawings.

DOCUMENT KNOWN RISKS FOR OUR UTILITY PARTNERS: ONCOR power lines to beinstalled underground. Will forward DC copy of Lucas/Oncor agreement/easement.

ARE UTILITIES ON EXISTING STREET R.O.W: Yes

DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? TXU ownseasement north of road

HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering): NO

ANY SPECIAL CONSIDERATIONS: Minimal City Utility Line Relocations anticipated

R-O-W ACQUISITION

RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTIONALONG WITH DATA FOR RISK ASSESSMENT: City will acquire ROW

- 6-

ATTACHMENT A



PROJECT SCOPING SHEETS

ANY NON-ROUTINE, i.e., CE:METERY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS,CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS,TRAILER PARKS, TREE ORDINANCES: No - none anticipated.

ANY NON-CONFORMING ISSUE:

R-O-W MAP NEEDED:

FIELD NOTES NEEDED:

R-O-W PLATS NEEDED

RELOCATION ASSISTANCE INVOLVED:

No - none anticipated.

Yes

Yes - on II" x 8-1/2"

Yes - on II" x 8-1/2"

NO

PARKING/LOSS OF PARKING CONSIDERATIONS: NO

HISTORICAL SITE CONSIDERATION: Yes - Lucas Farms See Book - "A Stake in the Prairie"

USUAL CITY TOPICS OF COliCERN

DESIGN STANDARD TO BE USED: Depends - Generally use City Standards, TxDOTStandards for Bridge Work, NCTCOG for miscellaneous work.

ORDER OF PRECEDENCE OF STANDARDS: See above

AUXILLIARY LANES: No

PROVISIONS FOR FUTURE WIDENING: No

LANDSCAPING: Yes - In median - City may want to constructminor gateway entry feature at city limits at McKenzie Road intersection.

IRRIGATION:

STAMPED/COLORED CONCRETE:

BRICK PAVERS:

Yes - In median, parkway possible.

Yes

Yes - alternate

7

ATTACHMENT A



PROJECT SCOPING SHEETSSTREET LIGHTING: Yes - Box Lighting in Median project will install foundationsand conduit (Oncor will install actual standards and luminaries.Bridge Mounted Lighting - is on separate system that will be metered and installed withproject (Oncor will not install nor maintain bridge mounted street lighting).

TRAFFIC SIGNALS: None

PAVEMENT MARKINGS: Yes - per City standard details and TMUTCD

BIKE LANES (EXTRA WIDTH)? Yes - 6' bike lane on each side of median integral withmain lane paving.

NEW SIDEWALKS: 6 feet wide - in floodplain, city owned and developed areas

DART BUS TURNOUTS: No - City of Mesquite is not a member of DART

BUS STOPS OR BUS SHELTERS: No - City of Mesquite is not a member of DART

WATER UTILITY BETTERMENTS:proposed paving.

May need to relocate water main from under

WATER UTILITY RELOC?paving.

May need to relocate water main from under proposed

SAN. SEWER BETTERMENTS? No

SANITARY. SEWER RELOC: Possible

RETAINING WALLS: Unlikely - Anticipate use of slope easements

SOD, SEEDING, TOPSOIL: Use topsoil and sod along developed property - Use TXDOTseed mix along undeveloped property and in floodplain areas

RR CROSSING IMPROVEMENTS: NO

- 8 -

ATTACHMENT A



PROJECTSCOPING SHEETS

SPECIAL SCHOOL OR EMERGENCY VEHICLECONSIDERATIONS

ANY NEARBY OR ADJACENT SCHOOLS, CITY RALL, FIRE OR POLICE DEPART~AE1'-JTREQUIRING SPECIAL CONSIDERATION:

1. Horn High School within project limits - Will need to coordinate plans and construction with:MISD, however impact to high school operation is anticipated to be minimal.

2. Major City Softball complex within project limits.3. Project Roadway needed for emergency response vehicles (fire and police). Roadway closures

will need to be coordinated with these agencies.4. Roadway a major connecting link into City ofBalch Springs - County will need to coordinate

with Balch Springs.5. :MISD Fiber line in a portion of the ROW. Jerry Dittman reports that this line will be relocated at

MfSf) expense prior to project.

CONSTRUCTIBILITY REPORT

FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECTPROJECT SCOPE, BUDGET, CONSTRUCTffiIITY, THE PROJECT SCHEDULE AND/OR THESAFETY OF PROJECT.

Project funded in two phases:Phase 1 - full width design and construction funding for westboundPhase 2 - construction funding for eastbound.

9

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NO,CHH' TEXAS DALLAS DALLAS ICTP

CONTROl SECTION Joe I~SF 0918 45 659 I

CITY OF MESQUITE, TEXAS

MAYOR AND COUNCIL COMMUNICATIONDATE REFERENCE

NUMBER

SUBJECT PAGE

09-04-2007 Pre-Meeting - Proposed DesignCriteria for Faithon P. Lucas, Sr.,Boulevard

1 OF 1

BACKGROUND.Under the Dallas County 2003 Major Capita) Improvement Program (MCIP) call-for-projects the Cityproposed the widening of Faithon P. Lucas, Sr., Boulevard from a rural, two-lane asphalt road to a six-lanedivided concrete arterial street from East Cartwright Road to the west city limit. Dallas Countysubse~ently selected the project for construction in two phases from 2009-2012. Dallas County hasselect~athe engineering firm to begin the design and has requested the City verify the design criteria.

DISCUSSION.Lucas Boulevard is classified as a six-lane divided roadway in 120 feet of right-of-way on the approvedThoroughfare Plan. The typical cross-section includes a 4-foot sidewalk on each side of the road. TheTrails Master Plan underdevelopment by the Parks and Recreation Department contains a proposed 10foot wide trail connection with the project area. Lucas Boulevard is a four-lane divided roadway east ofEast Cartwright Road and a four-lane divided roadway in Balch Springs from the west city limit to BeltLine' Road. Staff conducted a traffic impact study that incorporated current traffic counts, the proposed3,100-home Lucas Farms and 808-home Ridge Ranch residential developments. Projected traffic countsalong Lucas Boulevard at build-out are not projected to exceed 7,000 vehicles per day near McKenzieRoad or to exceed 20,000 vehicles per day at East Cartwright Road. A four-lane divided roadway canhandle this volume of traffic.

Staffproposes reducing the number of vehicle lanes from six to four and adding a 6-foot bicycle lane and6-foot sidewalk on each side of the road per the attached cross-section. This reduces the pavement widthfrom 37 to 31 feet and allows the parkway to be widened from 12.5 to 18.5 feet to provide more of acountry feel to the road.

FINANCIAL I.M:PLICATIONS.Overall this change should not increase the estimated cost of the project.

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RECOMMENDATIONS/ACTIONS DESIRED.Staff is asking for Council consensus to proceed with the proposed design criteria and to authorize staff todevelop Faithon P. Lucas, Sr., Boulevard as a four-lane divided roadway with 6-foot bicycle lanes and 6-

.~

foot sidewalks within 120 feet of right of way. r;\\!(bc..ee.d

Attachments1. Proposed Design Criteria 'f:-...- ~ l<..e-1:tfao."...l ~~

2. Location Map 9/4/2.0 01

CITYMANAGER'SOFFICE:

Ted Barron

PREPARED BY:

J;~~

Jerry Dittman, P .E.

FUNDING OCA(s):

DEPARTMENT HEAD:

-r:~wQ~.;·;:e~. t.t,· .,Timothy M. Tumulty, P .E.

DISPOSITION BY COUNCIL:

o APPROVED

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ATTACHMENT "B"

MEMORANDUM OF AGREEMENTF. P. LUCAS BOULEVARD PROJECT 21904

(McKenzie Drive to Cartwright Road)

The following representatives were present for the discussion and consensus formed atthe Pre-Design Charrette held June 30, 200S·at the City of Mesquite.

DALLAS COUNTYDonald. HolzwarthAlberta Williams

Traci EnnaJohn Mears

Janet NormanCarter Ferguson

Craig Marek

APM & ASSOCIATES,INC.

J-4..fisu Olabimtan

CITY OF MESQUITEShirley Roberts

Timothy TumultyJerry DittmanMatt HolzapfelSherrelle Diggs

Sirini MandayamJohn Monaco

Jim PalmerAlfred Paster, Jr.

Lauren Miller

ONCOR ELECTRICDEL.

Ocie O'Neil

ATMOS ENERGYGeorge Melendez

LUCAS FARMSRobert Pope

Jack BassJohn Lucas

Thomas Yamin (Jacobs)

PROPERTY OWNERSBill Blair

Mike Templeton

1. The Scope for the F. P. Lucas Boulevard Project is defined in the attached Charrette DesignCriteria (Scope Items).

2. Dallas County will the LEAD AGENCY for the project and provide project managementincluding management ofthe design engineering consultant contract with APM & Associates,Inc., consultant for the project. The Dallas County Project Manager for the project will beJohn Mears, P.E.

3. A consensus regarding F. P. Lucas Boulevard typical section and alignment and known issueswas reached at the Pre-Design Charrette.

4. Funding allocations will be as specified in the attached "Current Cost Estimates and FundingSources." In the event that the estimated costs need to be revised, the percentages reflectedin the dollar amounts shown will remain constant, subject to approval from the City ofMesquite and Dallas County.

5. The proposed schedule was established in the attached "Proposed Project Schedule."

A1LTACH~IENT "C"

Current Cost Estimates and Funding Sources

• Paving & Drainage Construction

• ROW• Design & Project Delivery

• Materials Testing

• Contingencies

• Project Cost• Dallas County• City of Mesquite• Proj ect Funding• City Requested Construction

$9,500,000$100,000

$1,250,000$50,000

$400,000$11,300,000

$5,650,000$5,650,000

$11,300,000$+

Attachment "D"

Proposed Project Schedule

• Pre-Design Charrcttc

• Preliminary Design Complete

• Primary Design Contract• Project Specific Agreement• ROW Documents Complete

• Final Plans Complete

• ROW Acquisition Complete

• Open Bids• Utility Relocations Cornplete

• Award Contract

• Construction Complete

JUNE 2008JUL 2008OCT 2008DEC 2008MAR 2009

DEC 2009DEC 2009MAR 2010JUL 2010JUL 2010

MAR 2012

NAlVIE

F. P. LUCAS BOULEVARD IVICIP PROJECT 21904PRE-DESIGN CHARRETTE MEETING

lVIONDAY, JUNE 30, 2008SIGN-INSIlEET

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F. P. LUCAS BOULEVAIID MCIP PROJECT 21904PRE-DESIGN CHARRETTE lVIEETING

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RESOLUTION NO. 01-2009

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFMESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TOEXECUTE A SUPPLEMENTAL AGREEMENT TO THE MASTERAGREEMENT GOVERNING TRANSPORTATION MAJORCAPITAL IMPROVEMENT PROJECTS WITH DALLAS COUNTYFOR FAITHON P. LUCAS, SR. BOULEVARD FROMCARTWRIGHT ROAD TO MCKENZIE ROAD AND MAK.INGCITY FUNDING COMMITMENTS TO DALLAS COUNTY IN THEAMOUNT OF $5,650,000.00.

WHEREAS, Faithon P. Lucas, Sr. Boulevard from Cartwright Road to McKenzie Road isbeing reconstructed from its present two-lane asphalt roadway to a four-lane divided concretestreet with six-foot-wide bike lanes with an improved drainage system and a new bridge overSouth Mesquite Creek; and

WHEREAS, the Interlocal Cooperation Act, V.T.C.A., Texas Government Code, Chapter791, provides authorization for any local government to contract with one or more localgovernments to perform governmental functions and services under the terms of the Act; and

WHEREAS, the City of Mesquite and Dallas County entered into a Master InterlocalAgreement on March 19, 2001, for City participation in future Dallas County major capitalimprovement projects in the amount of 50 percent of the total project cost; and

WHEREAS, on July 21, 2003, the City Council directed staff to submit Faithon P. Lucas,Sr. Boulevard from Cartwright Road to McK.enzie Road as the City's candidate project for theDallas County 2003 Call for Projects; and

WHEREAS, on September 4, 2007, the City Council approved a revised roadway crosssection that changed the design from a six-lane divided roadway to a four-lane divided roadwaywith a six-foot-wide bike lane in each direction; and

WHEREAS, Dallas County has prepared the project funding breakdown that estimatesCity reimbursements to Dallas County for the project in the amount of $5,650,000.00; and

WHEREAS, Dallas County has requested a resolution acknowledging and approving therevised funding amounts and committing the City of Mesquite to participation in the proj ectfunding.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF MESQUITE, TEXAS:

SECTION 1. That the City Manager is hereby authorized to approve aSupplemental Agreement to the Master Agreement Governing Transportation Major CapitalImprovement Projects, attached hereto as Exhibit "A," between the City of Mesquite and DallasCounty for the reconstruction of Faithon P. Lucas, Sr. Boulevard from Cartwright Road toMcKenzie Road from its present two-lane asphalt roadway to a four-lane divided concrete street

Engineering/Faithon P. Lucas Sr. Boulevard Supplemental Agreement/January 5, 2009Page 2 of2

with six-faat-wide bike lanes with an improved drainage system and a new bridge over Southmesquite Creek in an amount not to exceed $5,650,000.00.

DULY RESOLVED by the City Council of the City of Mesquite, Texas, on the 5th dayof January, 2009.

ATTEST: APPROVED:

2009 0298ORDER NO. _


STATE OF TEXAS

COUNTY OF DALLAS

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

10th February

by Mike Cantrell, Commissioner of District No.2

by John Wiley Price, Commissioner of District No.3

, .and seconded

, the following order was adopted:

WHEREAS, pursuant to Court Order 2007-2432 dated December 9,2007, an indefinite delivery and quantitycontract for laboratory testing services between Dallas County and Team Consultants, Inc. is nowin effect; and

WHEREAS, the need exists to perform certain laboratory testing services in connection with the construction ofthe Murphy Road MCIP Project 22802 from Blackburn Road to S.H. 78; and

WHEREAS, the services to be performed are described in the attached Work Order Number Three (3) to thiscontract; and

WHEREAS, this project will improve County transportation and other infrastructure which is consistent withVision 4: Dallas County proactively addresses critical regional issues and Vision 5: DallasCounty is the destination of choice for residents and businesses; and

WHEREAS, it is estimated that $33,407.00 is sufficient to perform these services under the work order.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the DaHas County Commissioners Courtthat the County Judge is authorized and directed to execute the attached Work Order Number Three (3) to theexisting contract between Dallas County and Team Consultants, Inc., in an amount not to exceed $33,407.00 to bepaid from Fund 196, Project 8201.

Donald R. Holzwarth, P.E.,Director ofPublic Works

Mike Cantrel~ Di trict #2

of::,..-------~~'----___:::l.p__-

10th

RecommendedFor Approval:

err'

DONE IN OPEN COURT, this the _

TEAM CONSULTANTS, INC.

WORK ORDER NO.3

LABORATORYSERVICES CONTRACT (INDEFINITE DELIVERY, QUANTITy)

Work Order Number 3 , Project Number 22802, Date: January 15, 2009

Pursuantto Commissioners Court Order Number 2007-2432, the contract for laboratory services (IndefiniteDelivery, Quantity)dated December 9,2007, between Dallas County and Team Consultants, Inc., (the Laboratory):

1. Laboratory agrees to complete the following work in compliance with the work order and contract for laboratoryservices forthe Murphy Road MCIP Project 22802 from Blackburn Road to S.H. 78.A. Perform earthwork testing as necessary for quality control of construction.B. Perform lime stabilization testing as necessary for quality control of construction.C. Pavement/structuralconcrete and bituminous testing as necessary for quality control of construction.D. Miscellaneous testing as required.

II. One set of blue line prints of the project construction plans and one set of specifications will be provided by DallasCounty.

III. Maximum amount ofthis Work Order shall not exceed $33,407.00 unless arriended per contract specifications.Funds are to be expended from:

MCIP Fund 196, Project 8201IV. Dallas County point of contact: John L. Mears, P.E., Project Manager, 214.653.6407, Fax: 214.653.6445,

email: [email protected].

ACCEPTED BY THE LABORATORY:

(Title)

RECOMMENDED BY:

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

APPROVED BY:

#''1::firt Foster, ,,,'county Judge

l/

2009 0280 - Dallas CountyFeb 10, 2009 · 2009 0281 ORDERNO.: _ DATE: February 10, 2009 STATE OF...

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Transcript of 2009 0280 - Dallas CountyFeb 10, 2009 · 2009 0281 ORDERNO.: _ DATE: February 10, 2009 STATE OF...