BRIEFINGAGENDA May 28, 2002 ... may 28, 2002 reportsirecommendationsirequests 1) ... garland iso vs....

1

DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

May 28, 2002

REPORTSIRECOMMENDATIONSIREQUESTS

1) HEALTH & HUMAN SERVICES

PAGE NOS.

a) Interlocal Health Services Agreement 3-22

b) Agreement with the University of North Texas Health ScienceCenter (UNTHSC) at Fort Worth (Rebrief) 23-56

c) Approval for Required Signatures from Dallas CountY as-Lienholder on General Purpose Equipment 57-59

2) PURCHASING DEPARTMENT

a) Contract Extension: Annual Contract for the Purchase andPrinting of Court Case Jacket/Fi1e Folders (District Clerk),Bid No. 2000-208-592 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 60

b) Major Newspaper Advertising: The Dallas MorningNews Contract 61-64

c) Fuel Management Program, RFP #2000-156-501 65-67

3) ENGINEERING AND PROJECT MANAGEMENT

a) Elevator Extension, Sixth Floor Museum Visitors Center 68-69

b) Administration Building Fire Alarm System Upgrade(Proposed Work Order #14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70-71

2

4) PUBLIC WORKS

a) Request for Easement Across Tax Delinquent Propertyowned by Tetex, Inc. Case No. 98-40405-T-A,Garland ISO vs. Tetex, Inc 72-99

b) Proposed Disposition of a Portion of Shannon LoopRight-of-Way, Unincorporated Dallas County, Texas 100-103

c) Survey Services for South Mesquite Creek Trail 104-109

d) Survey Services for Roy Orr Trail - Project 90115 110-117

5) OFFICE OF BUDGET AND EVALUATION

Two Full-time Co-operative Students - Public Works Department . . . . 118-119

6) Truancy Court ' N/A

7) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests . . . . . . . . . . . . . . . . . . . . . . . . . .. 120-125

8) PUBLIC COMMENTS

Speakers N/A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

1. Minister's Letter of Appreciation

2. Letters to Constables Evans, Gothard, Richardson,Pappas, Skinner and Dupree

3. Letter to Texas County and District Retirement System

3. Letter - Grant Performance Measures

DATE(s) TO REMEMBER

DALLAS COUNTYHEALTH AND HUMAN SERVICESADMINISTRATION

Betty J. Culbreath-ListerDirector

TO: COMMISSIONERS COURT

FROM: Betty Culbreath-Lister,

3

\ )F' , .... I \ ~ ,,\/

<'. ~ 1

_~- '_ Ur:;.T

Zachary S. ThompsonDeputy Director

DATE: May 28, 2002

SUBJECT: INTERLOCAL HEALTH SERVICES AGREEMENT

BACKGROUND

Each year since 1980, Dallas County has negotiated inter-local agreements with most of the 25cities within the County for services related to operating the Dallas County Communicable DiseaseProgram (the "Program"). Each participating city pays a pro-rata share of the County's sexuallytransmitted diseases, tuberculosis, communicable diseases, and laboratory budgets; the pro-ratedcosts are based on health services provided to each City the previous year.

IMPACT ON OPERATIONS

Cities that execute the attached inter-local agreement and agree to pay their pro-rata share ofcommunicable disease costs are afforded certain "within-city limits immunization" and other wellchild services, while those cities that do not pay their share of communicable disease costs areprovided immunization services atthe main Dallas County Health and Human Services facility. TheCounty is mandated to provide barrier-free immunization services to Dallas residents; however, thatdoes not require that the services be provided within each city's limits. The current arrangementis legally acceptable. In FY'02 of the 25 cities within the County, only (6) six cities did not recognizean obligation to pay a pro-rated share of communicable disease services. These cities includeDeSoto, Duncanville, Garland, Mesquite, Richardson and Seagoville. In addition, the City ofUniversity Park have requested the deletion of Section V. Facilities in its entirety (see attachedcontract). The City of Dallas' contribution to the Program was negotiated in 1987 and remainscurrently intact.

FINANCIAL IMPACT

The County's anticipated revenue, represented by the cities that historically have participated inthe Interlocal Health Services Agreement, amounts to two hundred fourteen thousand, one hundredsix dollars ($214,106.00). The cost of implementing the FY'03 Program is two million, two hundrednine thousand, nine hundred thirteen dollars ($2,209,913.00). Of that total, one million, ninehundred ninety five thousand, eight hundred and seven dollars ($1,995,807.00) represents theCounty's contribution to public health communicable disease services in Dallas County. The Cityof Dallas' share of that cost, one million, seven hundred fifty-four thousand, two hundred fifty-twodollars ($1,754,252.00), is offset by savings negotiated with the City of Dallas in the March 30,1987 Agreement.

2377 Stemmons Freeway Dallas, Texas 75207-2710Suite 600 LB-12

Office (214) 819-1870FAX (214) 819-2835

4

Commissioners' CourtMay 28,2002

Page 2

To further offset program costs, the Health and Human Services Department recommends theproposed new fees:

HDCV (1M) RabiesTyphoid (Polysaccharide)Tattoo Removal Laser

PneumococcalInfluenza VaccineMMRImmunization Record

$390/series$45/lnjection$150/First visit$100/Additional$15/lnjection$12/lnjection$35/lnjection$5 each

The fees shown on Exhibit A represents the FY2003 Fee Schedule.

LEGAL IMPACT

The County Judge is required to sign the Interlocal Health Services Agreement after approval bythe Commissioners' Court. The District Attorney's Office, Civil Section has reviewed and modifiedthe contract contents, and the contracts have been approved as to form.

PROJECT SCHEDULE

The FY'2003 Interlocal Health Services Agreement must be prepared in order to be delivered tothe cities in time for their bUdgeting process. All signed contracts will be effective October 1, 2002.

RECOMMENDATION

It is the recommendation of the Dallas County Health and Human Services Department that theCommissioners' Court approve the following: (1) re-issuing of the Interlocal Health ServicesAgreements for the following cities: Addison, Balch Springs, Carrollton, Cedar Hill, Cockrell Hill,Coppell, Farmers Branch, Glenn Heights, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster,Rowlett, Sachse, Seagoville, Sunnyvale, University Park, and Wilmer; (2) authorize the feeschedule as attached; and (3) authorize the County Judge to sign the Interlocal Health ServicesAgreement on behalf of Dallas County.

Recommended by: ~~~~~~==7~~'T~V-;~~~::::,--

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

5

FY'2003 FEE SCHEDULEEXHIBIT A

SEXUALLY TRANSMITTED

TreatmentBlood DrawingCryosurgery (F)Cryosurgery (M)Chemical Lesion ReductionMedical Records Copies

TUBERCULOSIS

Clinic TreatmentChest X-Rays

LABORATORY

Wet PrepGramStainGC CultureRPRGEN Probe GC ScreenGEN Probe CT ScreenSalmonella/ShigellaTB Culture & ConcentrationTB IdentificationTB SusceptibilityTB Acid Fast Stain

NURSING SERVICE

Hepatitis A HavrixHepatitis B. VaccineHDCV (IM) RabiesHDCV(ID) RabiesJapanese·EncephalitisMenegococcal VaccineTyphoid (Polysaccharide)EPSDTTattoo Removal

Tattoo Removal Laser

Rabies Administrate Fee/Serves State VaccineForeign Travel Office Visit Fee

ENVIRONMENTAL HEALTH

$15 - $45 (Sliding Scale)$5$60$50$45$1 each

Sliding Fee Scale -Minimum $40$40

$6 each$6 each$14 each$11 each$23 each$23 each$16 each$25 each$15 each$31 each$ 8 each

$25/Injection$130/series$390/series (Proposed)$270/series$255/series$75/Injection$45/1njection(Proposed)$40/Screen$50/First$25/Additional$150IFirst(Proposed)$loo/Additional (Prop)

$25$25

CRIMINAL TESTING

Blood DrawsBuccal Swabs

Skin TestChest X-Ray Copies

Pregnancy TestUrinalysisDark FieldChancroid CultureHerpesHNTestGroup A StrepLCx Urine Screen

Neisseria GonorrhoeaeChlamydia Trachomatis

Lead Screen

VarivaxYellow Fever VaccineLyme Disease VaccineImmunizationlVFC ProgramDPT,DT,Hib,PneumococcalInfluenza VaccineMMRTDIPVDiabetic TestingRecords:Foreign Travel Yellow CardImmunization Record

$38$38

$12$5

$10 each$ 5 each$16 each$10 each$38 each$13 each$14 each

$47 each$47 each$10 each

$60/Injection$70/Injection$180/Series

$5/Per child$15/1njection (Proposed)$12/1njection (Proposed)$35l1njection (Proposed)$12/Injection$2S/Injection$S/Test

$3 each$5 each/(Proposed)

Septic Tank InspectionFood Establishment InspectionMosquito Spraying for Noncontracting cities

*$210IInspection$150/yr.Iestablishment

$95 per hour

Day Care Center Inspections $lIper authorized childHalf-Way Houses & Brdg Homes $50/per year

* $10 of the charge is for State feeRevised 04/08/02

6

EXHIBIT B

REPORT PERIOD: January, 2001 thru December, 2001

TOWNS TB STD LAB COMMUNICABLEDISEASE

Addison 85 37 301 172

Balch Springs 491 103 327 227

Carrollton 843 174 1695 955

CedarHi/l 110 95 312 208

Cockrell Hill 658 8 0 34

Coppell 139 23 57 196

*Da/las 40893 13526 67139 21671

*Desoto 201 192 398 412

*Duncanville 279 144 546 402

Farmers Branch 384 52 400 296

*Garland 3962 516 6038 1975

Glenn Heights 0 32 39 41

Grand Prairie 1455 347 2291 962

Highland Park 0 0 0 288

Hutchins 102 33 136 13

Irving 2506 798 4979 1975

Lancaster 327 209 593 543

*Mesquite 760 320 2258 1410

*Richardson 1279 136 847 1047

Rowlett 251 33 142 393

Sachse 244 1 3 63

Seagoville 289 30 190 102

Sunnyvale 1 0 0 10

University Park 0 0 0 173

Wilmer 8 29 2378 97

*Unincorporated 186 769 3176 7062

Total 55453 17607 94245 40727JANUARY 15, 2002

'ii

DALLAS COUNTY HEALTH &HUMAN SERVICES EXHIBITC

FY'03

Public Communicable FY'03STD TB Health Disease Contract Total

Municipality Clinic Clinic Lab Control Same as FY '02

Addison 2,230 1,214 3,154 1,918 5,751Balch Springs 6,209 7,012 3,426 2,531 9,3nCarrollton 10,489 12,039 17,760 10,650 23,823Cedar Hill 5,727 1,571 3,269 2,320 2,498Cockrell Hill 482 9,397 0 379 2,301Coppell 1,386 1,985 597 2,186 3,131*Dallas 815,373 583,995 703,4n 241,668 1,754,252*Desoto 11,574 2,870 4,170 4,594 17,620*Duncanville 8,681 3,984 5,721 4,483 11,273Farmers Branch 3,135 5,484 4,191 3,301 14,853*Garland 31,105 56,582 63,266 22,025 80,156Glenn Heights 1,929 600 409 457 574Grand Prairie 20,918 20,n9 24,005 10,728 38,854Highland Park 0 0 0 3,212 132Hutchins 1,989 1,457 1,425 145 3,149Irving 48,105 35,788 52,170 22,025 81,906Lancaster 12,599 4,670 6,213 6,055 12,106*Mesquite 19,290 10,854 23,659 15,724 31,608*Richardson 8,198 18,265 8,875 11,676 23,756Rowlett 1,989 3,585 1,488 4,383 4,925Sachse 60 3,485 31 703 362Seagoville 1,808 4,127 1,991 ~ 1,137 -- .z.620Sunnyvale 0 14 0 112 99University Park 0 0 0 1,929 48Wilmer 1,748 114 24,916 1,082 2,597*Unincorporated 46,359 2,656 33,278 78,751 n,142

$1,061,383 $792,527 $987,491 $454,174 $2,209,913

January 28, 2002

MUNICIPALITIES

8

FY'03 CONTRACT COSTS

EXHIBIT D

CONTRACT COST

ADDISON $5,751

BALCH SPRINGS $9,377

CARROLLTON $23,823

CEDAR HILL $2,498

COCKRELL HILL $2,301

COPPELL $3,131

* DALLAS $1,754,252

* DESOTO $17,620

* DUNCANVILLE $11,273

FARMERS BRANCH $14,853

* GARLAND $80,156

GLENN HEIGHTS $574

GRAND PRAIRIE $38,854

HIGHLAND PARK $132

HUTCHINS $3,149

IRVING $81,906

LANCASTER $12,106

* MESQUITE $31,608

* RICHARDSON $23,756

ROWLETT $4,925

SACHSE $362

SEAGOVILLE $7,620

SUNNYVALE $99

UNIVERSITY PARK $48

WILMER $2,597

* UNINCORPORATED $77,142

TOTAL $2,209,913

'"NON-CONTRACTING CITIES

January 28,2002

9

THE STATE OF TEXAS

COUNTY OF DALLAS

INTERLOCAL HEALTH SERVICES AGREEMENT

FOR FISCAL YEAR 2003

This Interlocal Health Services Agreement For Fiscal Year 2003 ("Agreement") is made by andbetween Dallas County, Texas, on behalf of the Dallas County Health and Human ServicesDepartment ("COUNTY") and the City of University Park, Texas ("CITY"), acting by andthrough their duly authorized agents.

WIT N E SSE T H:

WHEREAS, COUNTY has offered to provide certain health services to cities throughout DallasCounty on a contract for services basis; and

WHEREAS, CITY desires to participate with COUNTY in establishing coordinated health servicesfor all ofDallas County;

NOW THEREFORE, in consideration of the foregoing and the terms and conditions hereinafterset forth, and for other valuable consideration, the receipt and sufficiency of which is herebyacknowledged, the parties agree as follows:

I.PURPOSE

CITY and COUNTY agree that COUNTY will operate certain health services for the residents ofCITY in order to promote the effectiveness oflocal public health programs. The cooperative effortwill allow all cities in Dallas County to participate in providing public health services for theirresidents under the terms of this Agreement.

II.HEALTH SERVICES INCLUDED

(A) COUNTY agrees to operate the Dallas County Health Services Program hereinafter referredto as "the Program", which will include the following health services:

(1) Tuberculosis Control Services- providing preventive, diagnostic treatment, andepidemiologic services;

(2) Sexually Transmitted Disease Control Services- consisting ofeducation to motivatepeople to use preventive measures and to seek early treatment, prophylaxis,epidemiologic investigation, and counseling in accordance with COUNTY policy;

1

10

(3) Communicable Disease Control Services- providing information concerningimmunization and communicable diseases and coordinating with the TexasDepartment of Health in monitoring communicable diseases;

(4) Laboratory Services- performing chemical, biological, and bacteriological analysisand tests on which are based diagnosis of disease, effectiveness of treatment, thequality ofthe environment, the safety ofsubstance for human consumption, and thecontrol of communicable disease;

(B) COUNTY agrees to provide to the contracting CITY, as mandated by state and federal law,the following public health services: (a) immunizations; (b) child health care; (c) highrisk infant case management; and (d) home visits.

COUNTY also agrees to work with CITY in order to decentralize clinics and to plan andprovide for desired services by CITY; however, any other services that CITY requires, inaddition to the above mentioned services, may result in additional fees to CITY.

(C) COUNTY agrees to charge a sliding fee based on ability to pay to all residents ofevery cityin Dallas County. The fees charged by COUNTY under Article II (A) (1), (2), (3), and (4)above, will be used to offset the contracting CITY'S Program costs in the upcoming fiscalyear. A schedule offees to be charged by COUNTY is set out in "Exhibit A" attached heretoand incorporated herein for all purposes.

(D) COUNTY agrees that the level of service provided in the Program for CITY will not bediminished below the level of service provided to CITY for the same services in the priorfiscal year except as indicated in Article II (E). For purposes ofArticle II (E), level ofserviceis measured by the number ofpatient visits and number ofspecimens examined. COUNTYwill submit to CITY a monthly statement under Article V (B), and a statement ofthe numberofpatient visits and number of specimens examined during the preceding month.

(E) The possibility exists of reductions in state and federal funding to the Program that couldresult in curtailment of services if not subsidized at the local level. If such a reduction instate or federal funding occurs, COUNTY will notifY CITY in writing of the amount ofreduction and the extent to which services will be curtailed as a result. This notice will alsoinclude an amount which CITY may elect to pay to maintain the original level of services.CITY will notify COUNTY in writing no later than 15 days of the date of the notice offunding reduction as to CITY'S decision to pay the requested amount or to accept thecurtailment ofservice. IfCITY elects to pay the requested amount, payment is due no laterthan 45 days after the date of the notice of funding reduction.

2

11

III.BUDGET

(A) COUNTY agrees to operate the services listed in Article II at the level of services and forthe amount stated on Exhibit D, attached hereto and incorporated herein for all purposes, tobe paid by CITY for the fiscal year October 1,2002, through September 30,2003.

(B) COUNTY agrees to submit to CITY by July ofeach year a proposed budget describing theproposed level of services for the next fiscal year.

(C) CITY agrees to pay COUNTY, as set forth in "Exhibit D", the sum of$ forfiscal year 2001-2002 which is the agreed upon CITY'S share ofthe total cost less federaland state funding. If CITY desires, it may request a negotiation for in-kind services, equalin value to the total amount, in lieu of paying actual dollars.

(D) This Agreement is contingent upon CITY'S appropriation offunds for the services set forthherein. In the event CITY fails to appropriate such funds, neither CITY nor COUNTY shallincur any obligations under this Agreement.

IV.ADMINISTRATION OF THE PROGRAM

The Program will be operated and supervised by COUNTY.

V.FINANCING OF SERVICES

(A) The health services provided under this Agreement will be financed as follows:

(1) CITY and COUNTY will make available to the Program all federal and state funds,personnel, and equipment previously used by CITY or COUNTY to provide thehealth services included under this Agreement and will use best efforts to cause thesefunds to continue to increase.

(2) CITY shall pay to COUNTY, orprovide in-kind services, its share ofbudgeted coststhat are in excess of the federal and state funding for providing the health servicesunder this Agreement. Budgeted costs are those reflected in Article III (C) set forthabove for the appropriate fiscal year.

(B) COUNTY shall bill CITY each month an amount equal to one-twelfth (l/12th) of its shareof annual budgeted costs that exceed federal and state funding for the expenses of thepreceding month. CITY shall remit payments to COUNTY in accordance with the PromptPayment Act, Chapter 2251 of the Government Code.

3

12

(C) CITY and COUNTY agree that no more than ten percent (10%) of the CITY'S cost ofparticipating in the Program will be used for administration of the Program.

(D) All payments for the performance of services under this Agreement shall be paid fromcurrent revenues available to the CITY.

VI.TERM

The duration of this Agreement shall be for a one (1) year term beginning on October 1,2002, andending September 30, 2003, unless otherwise earlier terminated in accordance with Article VII setforth below, with an option to renew this Agreement for additional one (1) year terms based on fiscalyear funding and appropriations in accordance with Article III (B), (C), and (D). Any renewals ofthis Agreement shall be made in writing and agreed upon by a duly authorized representative ofeachparty.

VII.TERMINATION

(A) CITY or COUNTY may terminate this Agreement for any reason by giving the other partywritten notice of its intent to terminate at least 45 days before the effective date oftermination.

(B) If CITY or COUNTY defaults in any of the obligations under this Agreement, CITY orCOUNTY may give notice of the default to the other party, describing the nature of thedefault and specifying a reasonable time to make a correction. Ifthe default is not correctedwithin the time specified in the notice, this Agreement shall terminate.

(C) Ifthis Agreement is terminated for any reason, each party will pay for, as a sole remedy forsuch termination, all obligations incurred up to the effective date of the termination.

VIII.CITY RETAINED HEALTH SERVICES

Nothing in this Agreement shall be construed to restrict the authority of CITY over its healthprograms or environmental health programs or to limit the operations or services ofthose programs.

IX.ACCESS TO PROGRAM

CITY and COUNTY agree to provide to the other upon request, copies of the books and recordsrelating to the Program. CITY and COUNTY further agree to give CITY and COUNTY healthofficials access to all Program activities.

4

13

X.AGENCY

COUNTY and CITY agree and acknowledge that each entity is not an agent ofthe other entity andthat each entity is responsible for its own acts, forbearance, negligence and deeds, and for those ofits agents or employees in conjunction with the performance ofwork covered under this Agreement.

COUNTY and CITY agree that any liability or damages as stated above occurring during theperformance ofthis Agreement caused by the joint or comparative negligence of their employeesor officers shall be determined in accordance with comparative responsibility laws of the State ofTexas.

XI.OTHER CITIES

CITY and COUNTY agree that other cities may join the Program by entering into an agreementwith COUNTY that contains the same basic terms and conditions as this Agreement.

XII.CONFIDENTIALITY

CITY and COUNTY agree that the confidentiality of all reports, information, client records anddata prepared, collected or assembled by COUNTY and CITY pursuant to this Agreement shall bemaintained in accordance with applicable federal and state laws, rules and regulations. Anydisclosure of confidential patient information by either party shall also be in accordance with allapplicable federal and state laws, rules and regulations. CITY and COUNTY shall further insurethat their employees understand and are familiar with confidentiality requirements regardingHIV/AIDS-related medical information.

XIII.SEVERABILITY

If any provision of this Agreement shall be held invalid, void or unenforceable, the remainingprovisions, hereof shall not be affected or impaired, and such remaining provisions shall remain infull force and effect.

XIV.APPLICABLE LAWS

This Agreement is made subject to the governmental immunity of CITY and the sovereignimmunity ofCOUNTY and all applicable laws ofthe State ofTexas. Exclusive venue for any legalaction arising between the parties as a result ofthis Agreement shall lie in Dallas County, Texas.

5

14

XV.ASSIGNMENT

Neither party shall assign or transfer, in whole or in part, any rights or obligations under or interestin this Agreement without the prior written consent of the other party.

XVI.NOTICE

Any notice or certification provided for in this Agreement to be given by either party to the othershall be required to be in writing and shall be deemed given when personally delivered or withinthree (3) business days after being deposited in the United States Mail, postage prepaid, certified,return receipt requested or registered addressed as follows:

To COUNTY:

To CITY:

Lee F. JacksonCounty JudgeAdministration Building411 Elm StreetDallas, Texas 75202

City ManagerCity of _

XVII.ENTIRE AGREEMENT

This Agreement represents the entire agreement among the parties with respect to the subject mattercovered herein.

XVIII.COUNTERPARTS

This Agreement may be executed in any number ofcounterparts, each ofwhich shall be consideredone and the same instrument.

The City of has executed this Agreement pursuant to dulyauthorized City Council resolution No. , dated ,2002. The County ofDallas has executed this Agreement pursuant to Commissioners Court OrderNo. , on this day of , 2002.

6

COUNTY OF DALLAS:

By: Lee F. JacksonDallas County Judge

RECOMMENDED:

By: Betty Culbreath-ListerDirector

APPROVED AS TO FORM:

By: Janet R. FergusonDeputy Chief, Civil SectionDistrict Attorney's Office

7

1 L~

CITY:

By: MayorAttest:

By: City Secretary


By: City Attorney

16

THE STATE OF TEXAS

COUNTY OF DALLAS

INTERLOCAL HEALTH SERVICES AGREEMENT

FOR FISCAL YEAR 2003

This Interlocal Health Services Agreement For Fiscal Year 2003 ("Agreement") is made by andbetween Dallas County, Texas, on behalf of the Dallas County Health and Human ServicesDepartment ("COUNTY") and the City of , Texas ("CITY"), acting by andthrough their duly authorized agents.

WIT N E SSE T H:

WHEREAS, COUNTY has offered to provide certain health services to cities throughout DallasCounty on a contract for services basis; and

WHEREAS, CITY desires to participate with COUNTY in establishing coordinated health servicesfor all ofDallas County;

NOW THEREFORE, in consideration ofthe foregoing and the terms anaconditions hereinafterset forth, and for other valuable consideration, the receipt and sufficiency of which is herebyacknowledged, the parties agree as follows:

I.PURPOSE

CITY and COUNTY agree that COUNTY will operate certain health services for the residents ofCITY in order to promote the effectiveness oflocal public health programs. The cooperative effortwill allow all cities in Dallas County to participate in providing public health services for theirresidents under the terms of this Agreement.

II.HEALTH SERVICES INCLUDED

(A) COUNTY agrees to operate the Dallas County Health Services Program hereinafterreferredto as "the Program", which will include the following health services:

(1) Tuberculosis Control Services- providing preventive, diagnostic treatment, andepidemiologic services;

(2) Sexually Transmitted Disease Control Services- consisting ofeducation to motivatepeople to use preventive measures and to seek early treatment, prophylaxis,epidemiologic investigation, and counseling in accordance with COUNTY policy;

1

17

(3) Communicable Disease Control Services- providing information concerningimmunization and communicable diseases and coordinating with the TexasDepartment ofHealth in monitoring communicable diseases;

(4) Laboratory Services- performing chemical, biological, and bacteriological analysisand tests on which are based diagnosis of disease, effectiveness of treatment, thequality ofthe environment, the safety ofsubstance for human consumption, and thecontrol of communicable disease;

(B) COUNTY agrees to provide to the contracting CITY, as mandated by state and federal law,the following public health services: (a) immunizations; (b) child health care; (c) highrisk infant case management; and (d) home visits.

COUNTY also agrees to work with CITY in order to decentralize clinics and to plan andprovide for desired services by CITY; however, any other services that CITY requires, inaddition to the above mentioned services, may result in additional fees to CITY.

(C) COUNTY agrees to charge a sliding fee based on ability to pay to all residents of everyCITY in Dallas County. The fees charged by COUNTY under Article II (A) (1), (2), (3),and (4) above, will be used to offset the contracting CITY'S Program costs in the upcomingfiscal year. A schedule offees to be charged by COUNTY is set out in "Exhibit A" attachedhereto and incorporated herein for all purposes.

(D) COUNTY agrees that the level of service provided in the Program for CITY will not bediminished below the level of service provided to CITY for the same services in the priorfiscal year except as indicated in Article II (E). For purposes ofArticle II (E), level ofserviceis measured by the number ofpatient visits and number ofspecimens examined. COUNTYwill submit to CITY a monthly statement under Article VI (B), and a statement of thenumber ofpatient visits and number of specimens examined during the preceding month.

(E) The possibility exists of reductions in state and federal funding to the Program that couldresult in curtailment of services if not subsidized at the local level. If such a reduction instate or federal funding occurs, COUNTY will notify CITY in writing of the amount ofreduction and the extent to which services will be curtailed as a result. This notice will alsoinclude an amount which CITY may elect to pay to maintain the original level ofservices.CITY will notify COUNTY in writing no later than 15 days of the date of the notice offunding reduction as to CITY'S decision to pay the requested amount or to accept thecurtailment ofservice. IfCITY elects to pay the requested amount, payment is due no laterthan 45 days after the date of the notice of funding reduction.

2

18III.

BUDGET

(A) COUNTY agrees to operate the services listed in Article II at the level of services and forthe amount stated on Exhibit D, attached hereto and incorporated herein for all purposes, tobe paid by CITY for the fiscal year October 1, 2002 through September 30,2003.

(B) COUNTY agrees to submit to CITY by July ofeach year a proposed budget describing theproposed level of services for the next fiscal year.

(C) CITY agrees to pay COUNTY, as set forth in "Exhibit D", the sum of $ forfiscal year 2001-2002 which is the agreed upon CITY'S share of the total cost less federaland state funding. If CITY desires, it may request a negotiation for in-kind services, equalin value to the total amount, in lieu of paying actual dollars.

(D) This Agreement is contingent upon CITY'S appropriation offunds for the services set forthherein. In the event CITY fails to appropriate such funds, neither CITY nor COUNTY shallincur any obligations under this Agreement.

IV.ADMINISTRATION OF THE PROGRAM

The Program will be operated and supervised by COUNTY.

V.FACILITIES

CITY agrees to provide to COUNTY or assist in procuring adequate facilities to be used for publichealth programs. These facilities must have adequate space, waiting areas, heating, air conditioning,lighting, and telephones. None ofthe costs and maintenance expenses associated with these facilitiesshall be the responsibility ofCOUNTY and COUNTY shall not be liable to CITY or any third partyfor the condition of the facilities, including any premises defects.

VI.FINANCING OF SERVICES

(A) The health services provided under this Agreement will be financed as follows:

(1) CITY and COUNTY will make available to the Program all federal and state funds,personnel, and equipment previously used by CITY or COUNTY to provide thehealth services included under this Agreement and will use best efforts to cause thesefunds to continue to increase.

(2) CITY shall pay to COUNTY, or provide in-kind services, its share ofbudgeted coststhat are in excess of the federal and state funding for providing the health servicesunder this Agreement. Budgeted costs are those reflected in Article III (C) set forthabove for the appropriate fiscal year.

3

19(B) COUNTY shall bill CITY each month an amount equal to one-twelfth (l/12th) of its share

of annual budgeted costs that exceed federal and state funding for the expenses of thepreceding month. CITY shall remit payments to COUNTY in accordance with the PromptPayment Act, Chapter 2251 of the Government Code.

(C) CITY and COUNTY agree that no more than ten percent (10%) of the CITY'S cost ofparticipating in the Program will be used for administration of the Program.

(D) All payments for the performance of services under this Agreement shall be paid fromcurrent revenues available to the CITY.

VII.TERM

The duration of this Agreement shall be for a one (1) year term beginning on October 1,2002, andending September 30,2003, unless otherwise earlier terminated in accordance with Article VIII setforth below, with an option to renew this Agreement for additional one (1) year terms based on fiscalyear funding and appropriations in accordance with Article III (B), (C), and (D). Any renewals ofthis Agreement shall be made in writing and agreed upon by a duly authorized representative ofeachparty.

VIII.TERMINATION

(A) CITY or COUNTY may terminate this Agreement for any reason by giving the other partywritten notice of its intent to terminate at least 45 days before the effective date oftermination.

(B) If CITY or COUNTY defaults in any of the obligations under this Agreement, CITY orCOUNTY may give notice of the default to the other party, describing the nature of thedefault and specifying a reasonable time to make a correction. Ifthe default is not correctedwithin the time specified in the notice, this Agreement shall terminate.

(C) Ifthis Agreement is terminated for any reason, each party will pay for, as a sole remedy forsuch termination, all obligations incurred up to the effective date of the termination.

IX.CITY RETAINED HEALTH SERVICES

Nothing in this Agreement shall be construed to restrict the authority of CITY over its healthprograms or environmental health programs or to limit the operations or services ofthose programs.

X.ACCESS TO PROGRAM

CITY and COUNTY agree to provide to the other upon request, copies ofthe books and recordsrelating to the Program. CITY and COUNTY further agree to give CITY and COUNTY healthofficials access to all Program activities.

4

20XI.

AGENCY

COUNTY and CITY agree and acknowledge that each entity is not an agent of the other entity andthat each entity is responsible for its own acts, forbearance, negligence and deeds, and for those ofits agents or employees in conjunction with the performance ofwork covered under this Agreement.

COUNTY and CITY agree that any liability or damages as stated above occurring during theperformance of this Agreement caused by the joint or comparative negligence of their employeesor officers shall be determined in accordance with comparative responsibility laws of the State ofTexas.

XII.OTHER CITIES

CITY and COUNTY agree that other cities may join the Program by entering into an agreementwith COUNTY that contains the same basic terms and conditions as this Agreement.

XIII.CONFIDENTIALITY

CITY and COUNTY agree that the confidentiality of all reports, information, client records anddata prepared, collected or assembled by COUNTY and CITY pursuant to this Agreement shall bemaintained in accordance with applicable federal and state laws, rules and regulations. Anydisclosure of confidential patient information by either party shall also be in accordance with allapplicable federal and state laws, rules and regulations. CITY and COUNTY shall further insurethat their employees understand and are familiar with confidentiality requirements regardingHIV/AIDS-related medical information.

XIV.SEVERABILITY

If any provision of this Agreement shall be held invalid, void or unenforceable, the remainingprovisions, hereof shall not be affected or impaired, and such remaining provisions shall remain infull force and effect.

XV.APPLICABLE LAWS

This Agreement is made subject to the governmental immunity of CITY and the sovereignimmunity ofCOUNTY and all applicable laws ofthe State ofTexas. Exclusive venue for any legalaction arising between the parties as a result of this Agreement shall lie in Dallas County, Texas.

5

21x'VI.

ASSIGNMENT

Neither party shall assign or transfer, in whole or in part, any rights or obligations under or interestin this Agreement without the prior written consent of the other party.

XVII.NOTICE

Any notice or certification provided for in this Agreement to be given by either party to the othershall be required to be in writing and shall be deemed given when personally delivered or withinthree (3) business days after being deposited in the United States Mail, postage prepaid, certified,return receipt requested or registered addressed as follows:

To COUNTY:

To CITY:

Lee F. JacksonCounty JudgeAdministration Building411 Elm StreetDallas, Texas 75202

CITY ManagerCITY of _

XVIII.ENTIRE AGREEMENT

This Agreement represents the entire agreement among the parties with respect to the subject mattercovered herein.

XIX.COUNTERPARTS

This Agreement may be executed in any number ofcounterparts, each ofwhich shall be consideredone and the same instrument.

The CITY of has executed this Agreement pursuant to dulyauthorized CITY Council resolution No. ,dated ,2002. The County ofDallas has executed this Agreement pursuant to Commissioners Court OrderNo. , on this day of , 2002.

6

COUNTY OF DALLAS:

By: Lee F. JacksonDallas County Judge

RECOMMENDED:

By: Betty Culbreath-ListerDirector


By: Janet R. FergusonDeputy Chief, Civil SectionDistrict Attorney's Office

22

7

CITY:

By: MayorAttest:

By: City Secretary


By: City Attorney

23DALLAS COUNTYHEALTH AND HUMAN SERVICESADMINISTRATION

Betty J. Culbreath-ListerDirector

MEMORANDUM

D:,i 3- '2Ii f •

Zachary S. ThompsonDeputy Director

TO:

FROM:

DATE:

COMMISSIONERS COURT

Betty Culbreath-Lister, DirectorHealth and Human Services Department

May 28,2002

SUBJECT: AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS HEALTHSCIENCE CENTER (UNTHSC) AT FORT WORTH

(Rebrief)

BACKGROUND

On February 19,2002, the Commissioners' Court approved Court Order No. 2002 386 forthe University of North Texas Health Science Center (UNTHSC) to enter into an affiliationagreement with Dallas County Health and Human Services (DCHHS) to provide publichealth training for students from the UNTHSC. DCHHS is requesting that the Courtapprove to amend the affiliation agreement with UNTHSC to delete sections 7.1.3, 7.1.4,7.1.5, and section 7.2 in it's entirety. The UNTHSC has requested that the insuranceprovisions be modified because UNTHSC does not maintain the insurance provisionsrequired in the aforementioned sections.


This agreement revision with the University of North Texas Health Science Center at FortWorth will have no impact on operations.

LEGAL IMPACT

The County Judge is required to sign the agreement after approval by the CommissionersCourt. The District Attorney's Office, Civil Section has reviewed the Contract and approvedit as to form.

A required student's release and proof of insurance coverage protects county liability. TheUniversity of North Texas Health Science Center at Fort Worth has sovereign immunity asa part of the State of Texas Education System.

2377 Stemmons Freeway Dallas, Texas 75207-2710Suite 600 LB-12

Office (214) 819·1870FAX (214) 819·2835

Commissioners' CourtMay 28,2002

Page 2

FINANCIAL IMPACT

There is no financial impact to Dallas County.

PROJECT SCHEDULE

This agreement shall be effective by both parties for the period of May 28, 2002, throughSeptember 30, 2002.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does herebyrescind Court Order No. 2002 386, and approve the agreement amendment with theUniversity of North Texas Health Science Center at Fort Worth, and authorize the CountyJudge to sign the amendment on behalf of Dallas County.

Recommended by: ~~~~¥J~!¢}2.~k-

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

STATE OF TEXAS

COUNTY OF DALLAS }

AFFILIATION AGREEMENT BET\VEENTHE UNIVERSITY OF NORTH TEXASHEALTH SCIENCE CENTER AT FORTWORTH AND DALLAS COUNTY ONBEHALF OF DALLAS COUNTY HEALTHAND HUMAN SERVICES

THIS AGREEMENT is made and entered into on the __day of _2002, by and between the UNIVERSITY OF NORTH TEXAS HEALTH SCIENCECENTER AT FORT WORTH, an institution of higher education of the State of Texas locatedat 3500 Camp Bowie, Fort Worth, Texas, 76107 (hereinafter "UNTHSC") and DALLASCOUNTY HEALTH AND HUMAN SERVICES (hereinafter "COUNTY" or "DCHHS").

WHEREAS, it is the desire ofUNTHSC to gain additional public health educationalsites for teaching purposes by contracting with CO,UNTY; and

WHEREAS, it is the desire ofUNTHSC and COUNTY to have duly registered eligiblestudents of the School of Public Health ofthe UNTHSC (hereinafter "Students") participate inthe public health training at the COUNTY that is mutually coordinated and beneficial and willenhance the public health education of Students: and

WHEREAS, UNTHSC is an agency of the State of Texas and COUNTY is a politicalsubdivision of the State of Texas.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreementscontained herein, and the authority granted by Texas Government Code, Chapter 791, InterlocalCooperation Contracts, it is agreed by and between the parties as follows:

1.0 COORDINATION. UNTHSC and COUNTY hereby agree upon the followingterms and conditions of this Agreement.

1.1 This Agreement shall be coordinated by the Dean of the UNTHSC School ofPublic Health (hereinafter "Dean"), or his designee, and the Director of theCOUNTY'S Health and Human Services Department (hereinafter "Director"), orher designee.

1.2 COUNTY will appoint an on-site coordinator acceptable to UNTHSC to serve asa liaison between UNTHSC and COUNTY (hereinafter "Liaison").

2.0 PUBLIC HEALTH TRAINING AT COUNTY. COUNTY agrees to accept eligibleStudents from UNTHSC for public health training. UNTHSC shall furnish COUNTYwith a list of, and other relevant information concerning, proposed Students to beprovided to COUNTY under this Agreement.

2.1 Said COUNTY shall accept STUDENTS at such reasonable times and numbers ofStudents mutually agree upon by UNTHSC and COUNTY.

1

26

2.2 All Students who receive a portion of their public health training at COUNTYwill be supervised by an employee of the COUNTY as designated by the Liaisonsolely during that time when Student is actually involved in the Program.

2.3 The following departments will be utilized for clinical rotations, as available:Environmental Health, Immunization Clinic, Early Intervention Clinic, Well BabyClinic, Sexually Transmitted Diseases Program, Tuberculosis EliminationProgram, and Communicable Diseases Program. Experience will be limited toobservation only. Students will perform no medical procedures at DCHHS.

2.4 Nothing in this Agreement shall be construed to limit the authority ofUNTHSC overthe education ofStudents, establishment ofits curricula, and all other operations andfunctions ofUNTHSC which remain the sole responsibility ofUNTHSC. However,while Students receive a portion oftheir training at COUNTY, saidStudents shall beunder the direction of their supervisor at COUNTY as set out in Section 2.2 above.

2.5 If, in the sole opinion of COUNTY, any UNTHSC Student which fails to act inaccordance with applicable rules and regulations of the COUNTY, or policies ofUNTHSC, or any ofthe provisions ofthis Agreement, the COUNTY shall, in its solediscretion have the right to immediately cause the Student to cease participation inthe Program and/or have the student removed from County facilities.

The County shall notify the Dean, or his designee, and the Liaison ofthe temporarysuspension and/or removal and reasons therefore. Upon reeeipLof said notice, theDeanshall immediately suspend the affected Student from the training atCOUNTYuntil such time as the appropriate course ofcorrective action is mutually agreed uponby the Dean, the Liaison and COUNTY. If such individuals fail to agree within ten(10) days of the date of said notice, UNTHSC shall immediately withdraw theStudent from the training at COUNTY.

2.6 Existing COUNTY facilities shall be provided. The Students will be given theopportunity to make this Agreement effective.

2.7 To the best ofits ability, COUNTY will follow and incorporate into the public healthtraining contemplated by this Agreement the UNTHSC Guidelil1esforthe PublicHealth Field Studies in the Master ofPublic Health as set out in Exhibit"A" attachedhereto and incorporated herein for all purposes. In no event shalltheGuidelineshown in Exhibit "A" take precedence over or supercede any County Policy or anyState of Texas, Federal or Municipal law, rule, regulation or order.

3.0 CONTAGIOUS DISEASE. Upon request by COUNTY, UNTHSC shall provide toCOUNTY satisfactory evidence that each Student is free from contagious disease prior toStudent's placement at COUNTY. Each Student shall be required to pass any healthexaminations required by COUNTY, including drug and alcohol screeningtests administeredby COUNTY.

3.1 Student shall immediately notify the County supervisor if the Student is exposed toblood or body fluids during training at COUNTY through a needle stick, splash,laceration or other high-risk exposure. County shall complete an occurence report inaccordance with County policy.

2

3.2 COT.JNTY will send a copy at the occurrence report to the lJNTHSC Dean.COUNTY will provide, or arrange for the provision of, immediate evaluation andtreatment for such exposure as recommended in accordance with Center for DiseaseControl guidelines. Students and/or applicable health insurance shall be responsiblefor the cost and follow-up treatment involving Students.

4.0 LIABILITY

4.1 The COUNTY, not waiving any rights or its sovereign immunity, agrees to theextent allowed by the Texas Torts Claim Act to be responsible for any liabilityor damages the County may suffer as a result of claims, demands, costs orjudgments, including all reasonable attorney's fees, against. the COUNTYincluding workers compensation claims, arising out of the performance of theCOUNTY employees under this Agreement, or arising from any accident,injury or damage, whatsoever, to any person or persons, or to the property ofany person(s) or corporations(s) occurring during the performance of thisagreement and caused by the sole negligence ofthe County, its agents, officers,and/or employees.

4.2 UNTHSC, not waiving any rights or its sovereign immunity, agrees to the extentallowed by the Texas Torts Claim Act to be responsible for any liability ordamages that UNTHSC may suffer as a result of claims, demands, costs orjudgments, including all reasonable attorney's fees, against UNTHSC or itsstudents, including workers compensation claims, arising out of theperformance of the students or UNTHSC employees und~r this Agreement, orarising from any accident, injury or damage, whatsoever,to any person orpersons, or to the property ofany person(s) or corporations(s) occurring duringthe performance of this Agreement and caused by the sole negligence of theUNTHSC, its students, agents, officers, and/or employees.

4.3 COUNTY and UNTHSC agree that any such liability or damages as statedabove occurring during the performance ofthis Agreement caused by the jointor comparative negligence oftheir employees, students, agents, or officers shallbe determined in accordance with comparative responsibility laws of the Stateof Texas.

5.0 STUDENT INDEMNIFICATION: In consideration for the opportunity to participatein this on-site public health education, UNTHSC AND COUNTY agree that allStudents shall be required to fully complete and deliver to COUNTY the Waiver ofLiability form, which is attached hereto as Exhibit liB" and incorporated herein for allpurposes. COUNTY reserves the right to review and accept or reject such Waiver ofLiability. The Student shall not be permitted or allowed to participate in the Programby UNTHSC or commence the Program at COUNTY unless such Waiver of Liabilityhas been received and approved by COUNTY.

6.0 TERM, TERMINATION AND AMENDMENTS. This Agreement shall become effectiveas ofthe 28th day ofMay, 2002, and shall continue in full force and effect for a period ofoneyear from such date, unless terminated earlier in accordance with this section. Either partymay terminate this agreement, with or without cause, upon sixty (60) days prior writtennotice to the other party. This Agreement can only be amended by a written addendumsigned by both parties.

3

28

7.0 INSURANCE. UNTHSC agrees that it will at all times during the term of this Agreementmaintain in full force and effect insurance as provided herein. It is expressly agreed thatUNTHSC will be solely responsible for all cost of such insurance; any and all deductibleamounts in any policy; and in the event that the insurance company should deny coverage.It is the intent of these provisions that insurance cover all cost so that COUNTY will notsustain any expense, cost, liability or financial risk as a result ofthe performance ofservicesunder this Agreement. Such insurance shall provide, at a minimum, the following coverage:Ll Required Insurance and Coverage

7.1.1 Workers' Compensation meeting the statutory requirements of the TexasWorkers' Compensation Act;

7.1.2 Student Health Insurance. UNTHSC shall require and Student shall have andmaintain during the full term of any participation in the Program healthinsurance that will furnish evaluation and treatment for any exposure to bloodor body fluids in accordance with the Center for Disease Control guidelines,any bodily injuries and all follow-up or other medical or psychologicaltreatment resulting from such exposure. Such insurance shall be provided atthe sole cost and expense ofthe Student or UNTHSC. UNTHSC and Studentagrees to waive subrogation against County.

7.1.3 LiabilitylTersonalinjnry. UNTIISC shalipIOvide to County, priO! to Studententering upon the County property, a LiabilitylPersonal injury insnrancePolicy with coverage fOr Student's participation in the Program, issued by acompany authorized to do business in Texas and acceptable to County,providing fOr a limit of not less than one hundred thousand dollars($100,000.00) for all darnage arising out ofbodily injmies to/or death ofoneor more persons in any one occmrence, arId Property Danlage LiabilityInsurarlce providing for a limit ofnot less than one hmldted thousarld dollars($100,000.00) fOr all darllages arising out of injury to /01 destmction ofproperty (including but not limited to intellectual property andlO! computerhardware, software, firmware and systems) in arly one occmrence arId subjectto that limit pel occunence, a total (or aggregate) limit of five hundredthousarld dollars ($500,000.00) fOr all darnages arising out of injury t%rdestIUction ofproperty dming the policy period.

7.1.4 Comprehensi ve Automobile arm Tmck Liability insurarlce co~ er ing 0 wned,hired arId non-owned vehicles, with the minimum limits of tinee hundredthousarld dollars ($300,000.00) per occtlIrence fVI bodily injury and propertydaruage.

7.1.5 Professional Liability in the minimum arllomlt of one hundred thousanddollars and no cents ($100,000.00) per person and three hmldted thousarlddollars and no cents ($300,000.00) per e~ent covering the duties perfonnedunder arId dming this Agreement by UNTIISC or the Student.

7.2 REQUIRED INSURANCE PROVISIONS. UNTIISC agrees that, with respect tothe abo ve refer enced insnr ance, all instlI arlce contr acts will contain and state, inwriting, the following required pIOvisions.

4

7.2.1 County shall be entitled, upon request and without expense, to recei ve copiesof the policies and all endorsements thereto and may make any reasonablerequest for deletion, re~ision or modification of particular policy terms,conditions or exclusions (except where policy provisions are established bylaw or regulation binding upon either of the parties hereto or the under \"(1 iterof any of such policies). Upon such request by the County, UNTIISC shallexercise reasonable efforts to accomplish such changes in policy cOverages,and shall pay the cost thereof.

7.2.2 Policy shall name Dallas County arId its officers, employees arId electedrepresentatives and they shall be made additional named insmed (as theinterest of each insured may appear) under the terms of the ComprehensiveAutomobile and Truck and general comprehensive Liability/Personal injm-ypolicies ofinsmance and as to all applicable cOverage,

7.2.3 Provide for 45 days notice to the ComIty for cancellation, nomenewable ormaterial change,

7.2.4 PrOvide for an endorsenlCnt that the !lother insmance" clause shall not applyto Dallas ComIty where County is an additional insured on the policy,

7.2.5 Provide for notice to the ComIty at the address sho\"(n below by registeredmail, and,

7.2.6 UNTIISC agrees to wai~e subrogation rights against Dallas County, itsofficers and employees for illjmies, including death, property damage or anyother loss;

8.0 NOTICES. Any notice required or permitted to be delivered hereunder shall be deemed tohave been given when personally delivered, or ifmailed, seventy-two (72) hours after depositofthe same in the United States Mail, postage prepaid, certified, or registered, return receiptrequested, properly addressed to the contact person shown herein at the respective addressesset forth below, or at such other addresses as they shall specify by written notice deliveredin accordance herewith:

UNTHSC:

COUNTY:

University of North Texas Health Science Center at Fort WorthSchool of Public Health3500 Camp Bowie Blvd.Fort Worth, Texas 76107Attention: Fernando Trevino, PhD.Dean of the School ofPublic Health

Dallas County Health and Human Services2377 North Stemmons Frwy, Suite 600Dallas, Texas 75207-2710Attention: Betty Culbreath-Lister, Director

9.0 CONFIDENTIALITY. All Students participating in the Program and all UNTHSC agreeto adhere to all confidentiality requirements for work conducted under this Agreement.

5

30

10.0 MISCELLANEOUS:

10.1 This Agreement sets forth the entire understanding of the parties and it supersedesall prior agreements and understandings between the parties with regard to thesubject matter herein.

10.2 The headings preceding the text of several sections of this Agreement are insertedsolely for convenience and shall not constitute a part ofthis Agreement nor affect themeaning of any section herein.

10.3 In the event that a court ofcompetent jurisdiction for any reason holds any sectionof this Agreement invalid or unenforceable, all remaining sections shall remain infull force and effect.

10.4 Each party to this Agreement represents to the other that it has the full right, powerand authority to enter and perform this Agreement in accordance with all ofthe termsand conditions thereof, and that the execution and delivery of this Agreement hasbeen made by authorized representatives of the parties.

10.5 This Agreement is expressly made subject to County's Sovereign Immunity, Title 5of the Texas Civil Remedies Code and all applicable State of Texas and FederalLaws. This Agreement and all matters pertinent thereto shall be construed andenforced in accordance with the laws of the State of Texas and venue shall lieexclusively in Dallas County, Texas.

IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as ofthe datefirst written above.

EXECUTED this the day of , 2002.

COUNTY:

BY: Lee F. JacksonCounty Judge

RECOMMENDED:

UNTHSC:

BY: Benjamin L. Cohen, D.O.Vice-President for HealthAffairs And Executive Dean

RECOMMENDED:

BY: Betty Culbreath-ListerDirector, Dallas CountyHealth and Human Services


BY: Janet FergusonDeputy Chief, Civil SectionAssistant District Attorney

6

BY: Fernando Trevino, Ph.D.Dean, School of Public Health

31

EXHIBIT "A"

UNIVERSITY afNORTH TEXASHEALTH SCIENCE CENTER at Fort Worth

*School of Public Health

PHPM5850PUBLIC HEALTH PRACTICE EXPERIENCE

STUDENT MANUAL

SCHOOL OF PUBLIC HEALTHUAIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT JYORTH

(R,,' 07i:!5iO/)

32

School of Public Health

University ofNorth Te.;ws Health Science Center at Fort Worth

Public Health Practice Experience

Table of Contents

Introduction to Public Health Practice Experience 3

Public Health Practice Experience Policies : .4

Public Health Practice Experience Procedures 6

AppendixesA - Student Check list 8

B - Intent to Register for Public Health Practice Experience 9

C - Application for Public Health Practice Experience 10

D - Site Selection Criteria 11

E - Roles & Responsibilities 12

F - Agreement of Supervised Public Health Practice Experience 13

G - Site Supervisor Form 14

H - Approval Form for Public Health Practice Experience 15

I - \Veekly \Vork Log 16

J - Student Description of Public Health Practice Experience 17

K - Evaluation of Student Performance Form 18

L - Evaluation of Public Health Practice Experience Site 19

2

33School of Public Health

University ofNorth Texas Health Science Center at Fort Worth


INTRODUCTION

PURPOSE OF THE PUBLIC HEALTH PRACTICE EXPERIENCE

The Public Health Practice Experience is designed to provide the student with opportunities to gainpractical experience in public health or community settings. It provides for diversity of experience andemphasizes public health practices. The Public Health Practice Experience offers the student anopportunity to gain further insight into public health content, problems, issues and opportunities. A \vellconducted Public Health Practice Experience can be mutually rewarding for the student as well as for thesupervising organization.

GOAL

The Public Health Practice Experience will increase the student's lmowledge of the principles and issuesof public health, and the student's skills in the practice ofpublic health.

OBJECTIVES

By the end of the course the student will complete one or more of these objectives:

• develop measurable realistic goals and objectives for Public Health Practice Experience projectand identify criteria for evaluation.

• increase lmowledge ofpopulation based health delivery systems, i.e. managed careorganizations, public health departments and clinics, community based organizations andvolunteer organizations.

• increase lmowledge to define, assess, and understand the health status of populations,determinants of health and illness, factors contributing to health promotion and diseaseprevention, and factors influencing the use of health services.

• recognize relationships and contributions of community activities (social, cultural,environmental) that impact the practice ofpublic health.

• effectively present accurate demographic, statistical, programmatic, and scientific information toprofessional and lay audiences.

3




PROGR4.....~lPOLICIES

EligibilitvTo be eligible to begin the Public Health Practice Experience, students must meet the following criteria:

• Completion of at least 21 credit hours of the public health curriculum. Six hours of the total 21hours must be from the list of track requirements.

• A cumulative grade point average of at least 3.0 within the Public Health Program. If thiscriteria is not met, the student must gain permission from the Public Health Practice Coordinatorand the Graduate Advisor to register for the course.

• Selection of a site from the approved list of sites or an alternative site that has been approved bythe Public Health Practice Coordinator.

Requirements

• Students must have prior approval from the Public Health Practice Coordinator to enrollin Public Health Practice Experience PHPM 5850 and receive semester credit hours.Students must complete Intent to Register for Public Health Practice Experience Site form andobtain approval prior to registration (see Appendix A).

• Field Studies in International Health I & II (pHPM 5560 and PHPM 5570) are separatecourses and normally do not replace PHPM 5860. These courses may be by another facultymember other than the Public Health Practice Coordinator. The faculty member maychoose to follow the guidelines in this manual.

• The Public Health Practice Experience Site experience must include at least 135 contacthours. Public Health Practice Experience hours are to include time spent in the actual worksetting or performing duties assigned by the site supervisor. They do NOT include time spent intravel to and from the location of the experience.

• During the semester (s) of the Public Health Practice Experience, the student ,,,ill contact thePublic Health Practice Coordinator a minimum of two times during the semester bye-mail.Guidelines for each e-mail posting \vil! be available from the Public Health Practice Coordinator

• The Public Health Practice Experience Site Supervisor will be asked to complete anEvaluation of Student Performance Form (see Appendix F). This form is to be completedand returned the Public Health Practice Coordinator by the supervisor before the end of thesemester.

• To complete the course, the student will produce a professional style poster for the PublicHealth Practice Experience Poster Session. The subject of the poster "viI! be an overview of thePublic Health Practice Experience. The poster session will provide an opportunity for the Schoolof Public Health students, site supervisors, faculty and staffreview the individual student'spractice experience. The poster session is hosted by the School of Public Health and the PublicHealth Student Association during the fal! and spring semesters.

4


University ofNorth Texas Health Science Center at Fort WorthPublic Health Practice Experience

PROGRAM POLICIES (cont.)

• In addition to the poster, each student is required to submit a Public Health Practice Experiencenotebook for review by the Public Health Practice Coordinator and major advisor. Use the styleform from the American Psychological Association Manual, Fourth Edition (APA). Reviewchapter two for general principles of writing.

• The Public Health Practice Experience notebook should contain the following items:a. Abstractb. Student report should contain the stated goals and objectives of the

experience, a description of how those goals and objectives weremet, major responsibilities, major activities, description of specialprojects and site analysis. Follo\v the outline given in Appendix J.The page length will vary.

c. Work journal or log of work hours signed by the Public HealthPractice Experience site supervisor (Appendix D).

c. Agency materials and/or pamphlets.d. Current resumee. Copy of information presented on the poster (e.g. powerpoint slides)f. Completed Student Evaluation of Public Health Practice Experience Site (Appendix

G).

• For any Public Health Practice Experience sites outside the United States, each studentmust obtain hislher own international health and medical evacuation insurance.

Course Evaluation

The student will receive 3 semester hours of credit and a grade of Pass or Fail.

Public Health Practice Experience Site Supervisor evaluation 30%Public Health Practice Coordinator evaluation of poster/\YTitten reports 35%Major advisor evaluation of poster/\\Titten reports 35%See the PROCEDURES section of this manual for specific requirements that must be metin order to receive credit for tbis course.

5




PROCEDURES

• Before registering for the PHP1\! 5850, the student is required to meet with the Public. Health Practice Coordinator to review the Public Health Practice<Experience Manual.

Through discussion, the Public Health Practice Coordinator \vill the area of interest of thestudent and attempt to match experience and interest to a specific site. The Intent to Registerfor Public Health Practice Experience Site form (Appendix A) mustbe completed andreturned to the Public Health Practice Coordinator prior to the end of the semester prior tostarting the Public Health Practice Experience.

• The student will be given the name of the contact person at the Public Health PracticeExperience.

• The student is responsible for initiating the contact and making an appointment with thesite supervisor for the purpose of developing goals and objectives ofthe experience. Thestudent is responsible for assuring the Site Supervisor ApprovalForm (Appendix G) andthe Agreement of Supervised Public Health Practice Experience {Appendix F) arecompleted by the Site Supervisor. The Approval Form (Appendixrl)iscompleted by thestudent. The three (3) forms must be mailed to the Public Health Practice Coordinatorbefore beginning the practice experience.

• The student will be responsible for discussing: the Public Health Practice Experience with his orher major advisor.

• The Site Supervisor is to complete an evaluation of the student using the Evaluation of StudentPerformance Form (Appendix F). The form is tobe mailed directly to the Public Health PracticeCoordinator before the end of the semester. The evaluation will be added to the student'snotebook by the Public Health Practice Coordinator.

• To receive credit for the Public Health Practice Experience, the student must:• complete the 135 contact hours,• complete the site evaluation• participate in the poster session, and• tum in the required notebook (see page 5)

• All forms in the Appendixes are to be included in the Public HealthPractice Notebook and must be turned into the Public HealthPractice Coordinator before the credit will be given for the course.Anyone who chooses not to comply ,,,ith this requirement will receiyean "Incomplete" in PHPi\1 5850.

6

37

APPEl\!)J)CES

7

38

Appendix ASchool of Public Health

University ofNorth Texas Heallh Science Center at Fort Worth


STUDENT CHECKLIST

Semester before Public Health Practice Experience

o Meet with major advisor to discuss registration for PHPM 5850o Complete Intent to Register for PHPM 5850 and return to Public Health Practice

Coordinator.o Complete Public Health Practice Experience Applicationo Meet with Public Health Practice Coordinator

During the Public Health Practice Experience

o Meet with Site SupeNisoro Complete Agreement of SupeNised Public Health Practice Experience and Site

SupeNisor Approval Form. Return to Public Health Practice Coordinatoro Complete the Public Health Practice Roles and Responsibilities and have signed by

all parties. Return to Public Health Practice Coordinatoro Submit e-mail progress reports on following dates to the Public Health Practice

Coordinator and major advisoro #1 (3rd week of semester)o #2 (8th week of semester)

o Keep time log currento Begin to prepare poster

At the Conclusion of Public Health PracticeExperience

o Compete notebook according to guidelineso Complete and present poster according to guidelines

s

39Appendix B




INTENT TO REGISTER FOR PHPM 5850PUBLIC HEALTH PRACTICE EXPERIENCE

Note: This form must be completed the semester before the student begins the Public Health PracticeExperience.

Name: SS# _

Address, _

Phone: Day _ Night _

e-mail address _

Area ofInterest for experience _For students who already have a contact for a Public Health Experience site, please list the name, addressand phone number.

*1 understand that 1 am required to meet with the Public Health Practice Coordinator prior to thebeginlling ofthe semester.

**1 understand that 1 am to discuss the Public Health Practice Experience with my advisor.

***1 Understand 1 must present a poster and tum in my Public Health Practice Notebook prior to tlteend ofthe semester.

Student Signature

Public Health Practice Coordinator

Date

Date

9

40Appendix C


University o/North Texas Health Science Center at Fort Worth


Application for Public Health Practice Experience

Name: _ Date: _

Address-;S::-tr-e-e-tA-:-:dd"7r-e-ss------------:C~i:-ty-;/:::S-ta:-te-;/Z;:;:-ip--------

Telephone: L-J_____ Application for Semester: Fall [Spring [Summer 0 Year

E-mail _

Department: Social & BehavioralHealth Management &Policy

Epidemiology & BiostatisticsEnvironmental & Occupational

Track: _ Dual Degree Student MPHI__

Core

o Epidemiologyo Biostatisticso Health Policy & Managemento Environmental Healtho Social & Behavioral Aspectso Principles of Public Healtho 21 total hours of core completedo 6 hours completed in track

Others Dept/track

Areas of Interest for Public Health Practice Experience (related to track):

Preferred placement - Prioritize three (3)(Public Health Department, Hospitals, Voluntary Health Agencies, Nursing Homes, Government Agencies)

1.

Preferred location:

2. 3.

Preferred times: 0 lvIornings 0 Afternoonso No preference

Major Advisor:

o Evenings

10

oWeekends

Date:

[other

~1

Appendix DSchool of Public Health

University a/North Texas Health Science Center at Fort Worth

Public Healt·h Practice ExperienceAdaptedfrom University ofSouth Florida/College ofPublic !fca/I/:

SITE SELECTION CRITERIA>- All Public Health Practice Experience Sites must meet the following selection criteria:

>- The site is an organization, agency, or community that provides planning or servicesrelevant to public health.

» The site enables the student to further develop and apply specific skills or competencieslearned in the School of Public Health academic program.

» The site provides a supervisor who is willing and able to spend regularly scheduled timewith the student and provide guidance.

» The site should afford the student regular/daily contact with public health practitioners.

>- The site supervisor exhibits a willingness to gradually increase student responsibility andindependence over the duration of the public health practice experience.

>- The site exhibits a willingness to provide support, ranging from a desk and phone, tostipends or salary, transportation and lodging.

» The site is a good match with the needs and interests of the student.

» The site offers a uniquely valuable experience.

DESIRABLE SUPERVISOR TRAITS

» Approachable

» Interested in the student's academic career goals

» Gives assignments that balance grunt work with more substantive tasks

>- Monitors the student's activities through regular meetings

>- Provides feedback

>- Helps the student meet student's goals and objectives for the practice experience.

>- Provides adequate resources, materials and money to allow the student to completeassigned tasks.

» Shows appreciation for student's efforts.

>- Give professional career path advice.

» Tries to integrate student with the regular staff.

>- Views mistakes as learning opportunities.

>- Introduces student to others who can assist with career opportunities.

>- Gives student a chance to learn new skills.

>- Allows the student to take part in projects from beginning to end.

II

-42Appendix E




ROLES AND RESPONSIBILITIES

SUPERVISING AGENCIES:

.:. Aid students in outlining public health practice experience goals and objectives during first week.•:. Explain the structure and function of the agency.•:. Health student(s) plan and execute specific programs/activities .•:. Introduce student (s) to other community agencies.'.' Supervise student (s) during planning.•:. Sign work log for time spent with the agency.•:. Invite student (s) to professional meetings and encourage presentations at those meetings when

appropriate .•:. Model professional work habits and attitudes.•:. Evaluate performance on forms provided.•:. Attend the Public Health Practice Poster Reception.

PUBLIC HEALTH PRACTICE COORDINATOR

.:. Contact agencies for placement of student.

.:. Consult with agency concerning selection, experience, and progress of student (s) working at theagency.

•:. Conduct site visitations with supervisors to verify agency can provide appropriate experiences.•:. Visit student (s) on site as needed.•:. Act in consultation with agency supervisor to prepare evaluation.•:. Keep individual student files for contract, logs, and program plans.•:. Maintain contact with agencies and site supervisors.

STUDENTS IN PUBLIC HEALTH PRACTICE EXPERIENCE

.:. Contact agency after the Public Health Practice Coordinator has confirmed placement

.:. Determine (in writing) goals and objectives. Discuss with agency supervisor during the first meeting.•:. Adhere to agency regulations.:. Dress appropriately for role and responsibilities during the experience.•:. Maintain professionalism, confidentiality, and ethical standards.'.' Keep a record of time spent at the agency or agency related activities.•:. Participate in professional and in-service activities as appropriate.•:. Attend seminars related to public health practices experience.•:. Perform additional duties as assigned by site supervisor or public health practice coordinator.

Adapledfrail! Unz\wsily o/Sollill Florida/College 0/ PI/bl:c He,:,',;,

12

43Appendix F




Agreement of Supervised Public Health Practice Experience

Agency Name: _

Agency Address: _

Agrees to Accept: as an intern during the

________ semester for a total of 135 contact hours beginning on and ending on

The student will be under the direct agency supervision of whoagrees to items on the attached Site Supervisor Form.

Student Signature

Agency Site Supervisor

Major Advisor

Public Health Practice Coordinator

Date"---------

Date---------

Date _

Date _

Original document must be completed in full, signed by all parties and returned to the Public Health PracticeCoordinator before the Experience may begin.

13

Appendix G




SITE SUPERVISOR APPROVAL FORM

Student Name SS#-------------------- --------

Site Supervisor & Title, _

Agency/Organization --'- _

Address _

Phone _

I agree to:

FAX _

1. Supervise the student in hislher Public Health Practice Experiencefor one semester.2. Meet with the student to develop goals and objectives for the Public Health Practice Experience

and project.3. Complete an Evaluation ofStudent's Performance Form on the student's performance.4. Provide the student with feedback on his/her Public Health Practice Experience work

pelformance.5. Mail a copy ofthe completed Evaluation ofStudent '5 Performance Form to the Public Health

Public Health Practice Coordinator .vithin a week ofthe student completing the experience.

COlilments:

Site Supervisor(please attach a business card)

1.\

Date

Appendix HSchool of Public Health



APPROVAL FORM FOR PHPM 5850PUBLIC HEALTH PRACTICE EXPERIENCE SITE

Date~ _ Semester-------Name. SS# _

Goals and objectives of Public Health Practice Experience as well as a brief description ofproposed Public Health Practice Experience and project:

Public Health Practice Experience Site Supervisor

Name, _

Title _

Agency/Organization _

Address _

Phone FAX _

e-mail, _

Student SignaturefDate

15

-46Appendix I




PUBLIC HEALTH PRACTICE EXPERIENCE WORK LOG

STUDENT NAME _

DATE CONTACT DUTIES PERFOlli"IEDHOURS

--- --

Total Hours

Student Signature Site Supervisor Signature

16

47Appendix J




STUDENT DESCRIPTION OF PUBLIC HEALTH PRACTICE EXPERIENCE SITEEXPERIENCE

When preparing the required \vritten report, review the experience goal and objectives of the course asstated on page 3 of this manual. Follow the report outline below. Questions are listed regarding yourPublic Health Practice Experience may be helpful when preparing your report.

The style format required by the School of Public Health is the American Psychological Association(APA) style. Use the Publication Manual ofthe American Psychological Association, Fourth Edition asa style guide. Read chapter two of the APA manual to review \vriting tips.

.Report Outline

IntroductionGoals/Objectives ofyour experienceDiscussionJDescription of experience, work plan/project, siteConclusionslRecommendationsReferences

Questions that may be helpful in preparation of the reportExperience Description:

1. Fully describe your Public Health Practice Experience. Include the goals, objectives and project.Include your major responsibilities? How were the goals and objectives for your experience met?

2. What new skills, knowledge or training have you gained?3. What have you learned in your classes that you were able to apply or observe in the Public

Health Practice Experience?4 What, if any, problems or concerns have you encountered? Have you discussed them

with your supervisor? How have you handled them?5. What specific suggestions can you make to improve this Public Health Practice

Experience a better learning experience?6. Include analysis of competencies developed or enhanced through this experience.

Site Analysis (if applicable)

1. What are the mission, goals, and objectives of the organization?2. To what specific target population(s) does it direct its activities?3. What specific activities do staff of the organization performs?4. "Vhat is the organizational structure of the staff?5. What are the major funding sources for the organization?6. List the job titles and responsibilities of all full time staff?7. How does the organization use volunteers?8. Ho\v does the community perceive the organization?9. \Vhat are some of the problems or obstacles facing the organization in terms of

implementing its programs?10. How are these problems being addressed?11. What were your sources of information for completing this analysis?

17

-l8Appendix K




EVALUATION OF STUDENT'S PERFORMANCE FORM

This evaluation is to be used by the supervisor of the Public Health Practice Experience. The supervisor's assessment,along with the Public Health Practice Coordinator's assessment will be used to determine the final evaluation of thestudent. Retum fomi to:

Claudia Coggin, MS, CHESSchool of Public HealthUniversity of North Texas Health Science Center3500 Camp Bowie Blvd.Ft. Worth, TX 76107

Student Name Date-----------------------' ------Agency/Organization _

Inclusive Dates of Public Health Practice Experience

Supervisor name & Title, _

Supervisor Signature: _(please attach a business card)Description of specific activities performed by student:

18

-49Indicate your judgment of the student's work on a scale of I (LOW) to 5 (lllGH) by circling theappropriate number next to each item. Circle NA for those items you do not feel qualified toevaluate or for those items that did not apply to this experience.

PERSONAL QUALITIES LOW AVER.:\.GE mGH

Ambitious I 2 3 4 5 NATakes the Initiative I 2 3 4 5 NA

Enthusiastic I 2 3 4 5 NA

DependablelReliable I 2 3 4 5 NA

Personable I 2 3 4 5 NA

Flexible I 2 3 4 5 NA

RELATIONSIDPS WITH OTHERS

Diplomatic and Tactful I 2 3 4 5 NA

Able to meet and mix with others I 2 3 4 5 NA

Cooperates with others I 2 3 4 5 NA

Functions as a team leader I 2 3 4 5 NA

Able to accept suggestions I 2 3 4 5 NA

Able to accept criticism I 2 3 4 5 NA

Sensitive to cultural diversity I 2 3 4 5 NA

Able to work as part of a team I 2 3 4 5 NA

PROFESSIONAL QUALIFICATIONS AND JOB PERFORJ."\1A.~CE

Command of technical subject matter I 2 3 4 5 NA

Able to organize work /time I 2 3 4 5 NA

Responds to supervision I 2 3 4 5

NA

Able to express ideas in \\Titing I 2 3 4 5 NA

Able to communicate ideas orally I 2 3 4 5 NA

Knowledge of public health issues/principles I 2 3 4 5 NA

Able to research problems I 2 3 4 5 NA

Accepts responsibility I 2 3 4 5 NA

Use of logical, organized steps for program

planning and implementation 2 3 4 5 NA

Able to design & conduct program evaluation 2 3 4 5 NA

Able to analyze national, state, local policies

implications for public health 2 3 4 5 NA

Potential for professional growth 2 3 4 5 NAOverall quality of work 2 3 4 5 NA

19

50

Page 2 - Evaluation of Student Performance

What do you consider to be the student's strongest assets?

What do you consider to be the student's limitations?

Please provide any additional infonnation that would assist the student to continue professionalgrowth. Use the space belmv or attach a separate sheet.

20

51Appendix L




STUDENT EVALUATIONOF PUBLIC HEALTH PRACTICE EXPERIENCE SITE FORM

This evaluation fonn will be used for the purpose of evaluating and improving the Public HealthPractice Experience site with regard to future student placements. Please answer honestly. Thisfonn will not be shared with the site supervisor after you have completed the Public HealthPractice Experience.

Your Name -:- SemesterIYear _

Inclusive dates of your public health practice experience _

Site Name and Address

Site Supervisor

Average number of hours you worked weekly

LOW AVERAGE IDGH

Orientated student to total site environment 2 3 4 5 NA

Created an atmosphere of acceptance, 2 3 4 5 NAfriendliness and belongi.ng.

Clarified student responsibilities 2 3 4 5 NA

Assisted in establishing goals and 2 3 4 5 NA

objectives.

Used cooperative planning in the 2 3 4 5 NA

teaching-learning situation.

Assisted in selecting and using basic 2 3 4 5 NA

equipment, materials and resources.

Demonstrated effective administrative 2 3 4 5 NA

methods and techniques.

Encouraged participation in departmental 2 3 4 5 NA

and/or program meetings.

Allowed initiative and creativity on the 2 3 ,1 5 NA...21

52part of the student.

i'vfet at least weekly with student to discuss 2 3 4 5 NAprogress and/or problems.

Provided constructive criticism and guidance, 2 3 4 5 NA

Served as an effective professional role 2 3 4 5 NAmodel for student.

Overall, how would you rate the learning 2 3 4 5 NAexperience you received?

Overall, how would you rate your 2 3 4 5 NAsite supervisor?

What are the strengths of this site and its programs?

What are the weaknesses of this site and its programs?

What are the strengths of your site supervisor \vith regard to working with Public Health PracticeExperience students?

\Vhat are the w'eaknesses of your site supervisor with regard to working with Public HealthPractice Experience students?

22

53

Exhibit "B"

RELEASE AND WAIVER OF CLAIMS

The undersigned is a nursing student in the University of North Texas Health Science Center("UNTHSC") at Fort Worth School ofPublic Health and desires to participate in aprogram offeringclinical laboratory experience at the Dallas County Health and Human Services.

In consideration for the opportunity to participate in such a program, I hereby forever waive andrelease the Dallas County Health and Human Services Department, Dallas County, itscommissioners, directors, its officers and employees, from any and all claims, demands or causesofaction which may arise as a result, directly or indirectly, ofmy participation in the program. Thiswaiver and release shall apply to all acts and omissions, whether intentional, negligent or grosslynegligent, and shall bind my heirs and assigns.

I have read and understand this Waiver, and hereby sign it freely and voluntarily.

Signature

Printed Name

Date

S'VORN' TO AND SUBSCRIBED BEFORE ME, on this the __ day of , 2002.

Notary Public in and for theState of Texas

54ExhIbit ".If'

STATE OF TEXAS

COUNTY OF DALLAS

RELEASE AND WAIVER OF CLAIMSRELEASE AND WAIVER OF CLAIMS

WHEREAS, Dallas County, Texas (hereinafter "County") through its Department of Health andHuman Services (the "Department") and the University of North Texas Health Science Center("UNTHSC") have agreed to provide a clinical setting for Students ofUNTHSC (the "Student") toobserve and learn clinical laboratory experience, which may include possible exposure tocommunicable, infectious or sexually transmitted diseases (USTDs") from County patients and theircontacts, (hereinafter the "Program")

WHEREAS, participation in the Program will include entering the various buildings, areas,including, but not limited, to areas involving Environmental Health, Immunization Clinic, WellBaby Clinic, Preventive Health, Sexually Transmitted Disease Programs, Tuberculosis EliminationPrograms, and Communicable Diseases Programs which will including being in proximity to sickpatients, families and/or contacts;

WHEREAS, the undersigned Student acknowledges that he/she has read the full text ofthis Releaseand Waiver of Claims; and

NOW THEREFORE, in and for consideration of Student's participation in the Program and/orother good and valuable consideration, the undersigned Student in the Program hereby foreverwaives and releases County from any and all claims for damages, known or unknown, which mayarise as a result, directly or indirectly, of Student's involvement in the Program including but notlimited to the following: any premises or special defects known or unknown to the Department orCounty; any injury to the undersigned Student; and any injury to other individuals present duringthe undersigned Student's involvement under the terms and conditions of the Program;

AND FURTHER, the Student, to the fullest extent allowed by law, agrees to indemnifyand hold harmless County, County Commissioners, County Judge, Dallas CountyHealth and Human Services Department, the County's elected officials, directors,employees, agents and representatives, (hereinafter referred to as "Indemnitees")against all claims, demands, actions, suits, losses, damages, liabilities, costs and/orexpenses of every kind and nature (including, but not limited to court costs, litigationexpenses and attorneys fees), paying same as they accrue, and all recoverable interestthereon, incurred by or sought to be imposed on Indemnitees because of injury(including death), including, but not limited to, exposure to any infectious,communicable or sexually transmitted disease, by any manner or method whatsoever,or damage to property (whether real, personal or inchoate), arising out of or in any

7

55\-yay related (whether directly or indirectly, causally or otherwise) to: (1) theperformance of, attempted performance of, or failure to perform, operation or workby County, or any of its contractors or its subcontractors, Student, and/or any otherperson or entity; (2) the condition of the real property, including any improvements,on which said operations or work are being performed; (3) the selection, provision,misuse, use or failure to use, by any person or entity, of any medical devices, tools,supplies, materials, equipment, any other medical devices, tools, supplies, materials,equipment, or vehicles (whether owned or supplied by County, or any other personor entity) in connection with said work or operations; (4) the presence on County realproperty, including any improvements located thereon, specifically including any partor portion of County's real property by Student occupied by Environmental Health,Preventive Health, Sexually Transmitted Disease Programs, Tuberculosis EliminationPrograms, and Communicable Diseases Programs, or (5) arising out of or in any wayrelated to the undersigned Student's involvement in the Program. Thisindemnification shall apply, whether or not any such injury or damage has beenbrought on any theory of liability, including County's negligence, intentionalwrongdoing, strict product liability or breach of non-delegable duty. Student furtheragrees to defend (at the election of any Indemnitee) at its sole cost and expense againstany claim, demand, action or suit for which indemnification is provided hereunder.

Student agrees that it shall have and maintain during the full tenn of any participation in theProgram, health insurance that will furnish evaluation and treatment for any exposure to blood orbody fluids in accordance with the Center for Disease Control guidelines bodily injuries, andProperty Damage and all follow-up or other medical or psychological treatment resulting from suchexposure. Such insurance shall be provided at the sole cost and expense ofthe Student or UNTHSC.Student agrees to waive subrogation rights against County.

Student warrants and certifies by signature hereto that:1. He/she is over the age of 18 years and fully qualified to make this agreement. In the

event that the Student is under the age of 18 years or is in any way incompetent tomake this agreement, it shall be executed by either the Student's parents or legalguardian.

2. This Release and Waiver of Claims shall be binding upon the undersigned Student,hislher heirs, successors, assigns, administrators, parents, legal guardians andexecutors.

3. Student has read the foregoing document in full; understands fully the legal impactof such items or has had the right and opportunity to have this release explained byan attorney ofchoice.

This Release and Waiver of Claims shall become effective upon the signatures of both theundersigned Student and an authorized representative of the Department.

8

STUDENT:

56

DALLAS COUNTY:

By: Signature By: Signature

Printed Name

STATE OF TEXAS

COUNTY OF TEXAS

§§§

Printed Name & Title

ON TIDS __ day of -', 2002, before me personally appeared , to me

known to be the person named herein as STUDENT and who executed the above Release and Waiver of Claims and

acknowledged that she executed same as hislher free act and deed.

Notary Public in and forState of Texas

My Commission Expires:

My Commission Expires:

9

~-\ \r :-:; '-1'-"(' j

Pr1 2: 39

BETTYJ. CULBREATH-usTERDIRECTOR

TO: COMMISSIONERS COURT

FROM: BEITY J. CULBREAm-LISTER, DIRECTORHEALm AND HUMAN SERVICES

DATE: MAY 28, 2002

ZACHARY THOMPSONDEPUTYDIRECTOR

SUBJECT: APPROVAL FOR REQUIRED SIGNATURES FROM DALLAS COUNTY ASLIENHOLDER ON GENERAL PURPOSE EQUIPMENT

Background of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White Title I funds for the DallasEligIble Metropolitan Area (EMA). Dallas County Health and Human Services (DCHHS) isdesignated to serve as the Administrative Agency for Ryan White Title I funds. The AdministrativeAgency is responsible for the allocation and oversight of funds under Title I of the Ryan WhiteC.AR.E. Act and for the recommendation ofthe award ofcontracts to service providers in the EMA.The Administrative Agency tracks the expenditure offunds by service providers throughout the yearand makes recommendations, when appropriate, to reallocate funds or amend budgets.

AIDS Services of North Texas, Inc.(ASNT) is requesting that Dallas County sign and release the lienon the title ofa 1993 GMC van, VIN 1GKEG25K3PF516825. The vehicle referenced herein will beused as program income to supplement ASNT's grant funded transportation program for personsliving withmY/AIDS. The equipment in question was originally pmcbased by AIDS Services Dentonand funded throughFY 1994-1995 Ryan White Title I Formula funds as approved by Court Order No.94 030. In 1996, AIDS Services Denton changed its name to AIDS Services ofNorth Texas. Thevan has been inoperative for the past year.

The Administrative Agency is recommending that the Commissioners Court approve the release ofDallas County as lien holder on the title to the 1993 GMC van referenced above and authorize theCounty Judge to sign the title. DCHHS, through its monitoring and oversight ofASNT, will ensurethat any proceeds resulting from sale or salvaging ofthe van are utilized as program income for theagency's grant funded transportation program for persons living with mY/AIDS.

Fiscal ImpactThere will be no fiscal impact on Dallas County.

2377 Stemmons FreewaySuite 600 LB-16

Dallas, Texas 75207-2710 Office (214) 819-1858FAX (214) 819-6022

58Page 2

Operational ImpactDallas County Health and Human Services will process this request with ASNT and will continue tomonitor proper expenditure of the funds according to the responsibilities assigned by theCommissioners Court.

Legal Impact.The Commissioners Court must approve the release of Dallas County as a lien holder on the title ofthe 1993 GMC van, YIN IGKEG25K3PF516825, and authorize the County Judge to sign the title.

RecommendationIt is recommended that the Commissioners Court approve the request submitted by AlDS Servicesof North Texas, Inc. and authorize the County Judge to sign the title of the 1993 GMC van, YINIGKEG25K3PF516825,onbehalfoffianasCountyaslienholderontheequipmenthereinreferenced.

RECOMMENDED BY:

attachmentcc: 1. Allen Clemson, Court Administrator

Virginia Porter, County Auditor

2377 Stemmons FreewaySuite 600 LB-16

Dallas, Texas 75207-2710 Office (214) 819-1858FAX (214) 819-6022

~q

YOU ~VST SHOW PROOF OF Fl~ANClALXt~PON$r3rlITr ~HEN rou RE~E~ AVEHICLE REGISTRATION, DRI~ER'S LICENSE, DR HAVE ~ VEHICLE r~5PECrED

DALLAS COUNTY DEPARTPlIEHT OFHUPlIAN SERVICES2371 N STE""ONS STE 200 LB 16DALLAS. TX 75207

t DETACH HERE t

60

DALLAS COUNTYPURCHASING DEPARTMENT

May 28,2002

n'"' ,., '( ,.,/ 1"\· / ') C. ~l....... - "II '-(. I II I: 33

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Gloria McCulloch Webb, Purchasing Analyst

Contract Extension: Annual Contract for the Purchase and Printing of Court Case JacketlFile Folders(District Clerk), Bid No. 2000-208-592

BACKGROUNDIISSUE

Dallas County Commissioners Court, at their regularly scheduled session held on July 24,2001, authorized the extensionof Bid No. 2000-208-592, Annual Contract for the Purchase and Printing of Court Case Jacket/File Folders (DistrictClerk), with Court Order 2001-1400, for the period of September 5,2001 through September 4, 2002, to Duradex, Inc.On August 21,2001, with Court Order 2001-1565, Bid No. 2000-208-592, was modified to incorporate the changes tothe Criminal Court - Felony Section case jacket/file folder.

The contract provides case jacket/file folders used in various courts to file cases on a daily basis. The case jacket/filefolders are color coded case unique for each type court and are bar coded with case number and year. In accordancewith the contract terms and conditions and upon mutual agreement, the contract may be renewed for two (2) additionaltwelve (12) month periods based on existing terms, conditions and pricing set forth in the bid. As a result of Duradex,Inc. compliance with contract specifications, it is the recommendation of the District Clerk's Department that the countyexercise the final twelve (12) month extension options contained within Bid No. 2000-208-592. Duradex, Inc. hasagreed to extend Bid No. 2000-208-592, in accordance with existing terms, conditions, prices, and modified changesapproved by Commissioners Court.

FINANCIAL IMPACT

For the period of September 5,2001 through May 21, 2002, Dallas County's total expenditures for the above referencedcontract was approximately $45,609.00.

RECOMMENDATION

The Purchasing Department in conjunction with the District Clerk's Department recommends that the Dallas CountyCommissioners Court authorizes the final twelve (12) month extension of Bid No. 2000-208-592, Annual Contract forthe Purchase and Printing of Court Case JacketIFile Folders (District Clerk), with Duradex, Inc., based on existing terms,conditions, and pricing set forth in the bid, for the period of September 5, 2002 through September 4, 2003.

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

c: Angie Morton, Chief Deputy District Clerk's DepartmentGeri Malcolm, Buyer

509 Main Street, Suite 6236th Floor Records Building

Dallas, Texas 75202-4616 Office (214) 653-7431

61


May 28,2002

TO:

FROM:

The Honorable Commissioners Court

Gloria M. Webb, Purchasing Analyst

('\/')U.:1V-;'1) """"'\J Iui-ii.c\1 c..c.. III :33

SUBJECT: Major Newspaper Advertising: The Dallas Morning News Contract

BACKGROUND/ISSUEDallas County Commissioners Court, at their regularly scheduled session held on June 05,2001 (Court Order2001-1069) , authorized a sole source contract between Dallas County and The Dallas Morning News as thenewspaper of major daily circulation within the Dallas County area. The types of ads that are currently beingplaced in The Dallas Morning News are employment, legal notice, competitive bidding notices, and publichearings. Ads are placed on an as needed basis in accordance with Dallas County policy and procedures andas prescribed by state statute. The sole source contract agreement with The Dallas Morning News is nonexclusive, therefore, Dallas County can place ads with other newspapers and/or trade publication withoutviolating this agreement. Other publications that may be utilized are those that target select audiences and/oroffers a lower advertising rate than The Dallas Morning News.

Historically, the Court has authorized a sole source contract between Dallas County and the Dallas MorningNews as the newspaper of major daily circulation (Court Orders 2000-1156, 99-1136, 98-1130, 97-1032, 96976 and 95-888) in accordance with Texas Local Government Code 262.024 (a)(7)(a).

FINANCIAL IMPACTDallas County's total expenditures for the referenced contract from the period of June 01, 2001 through April30,2002, were approximately $170,949.00 based on the following rates:

$30.52 per columnar inch ($2.18 per agate line): Legal Notices, Competitive Bidding Notices,and Public Hearing Ads placed in the Classified Section Only$58.80 per columnar inch ($4.30 per agate line): Personnel and Employment Ads placed inthe Classified Section Only$73.71 per columnar inch: Display Retail Advertising - Any type of ad placed in any sectionof the newspaper other than Classified Section.

For 2002-2003, the Dallas Morning News has proposed new rates as follows:

$32.90 per columnar inch ($2.35 per agate line): Legal Notices, Competitive Bidding Notices,and Public Hearing Ads placed in the Classified Section Only$64.82 per columnar inch ($4.63 per agate line): Personnel and Employment Ads placed inthe Classified Section Only$84.14 per columnar inch: Display Retail Advertising - Any type of ad placed in any sectionof the newspaper other than Classified Section.

RECOMMENDATIONIn accordance with Local Government Code 262.024 (a)(7)(a), "Exemptions", the Purchasing Departmentrecommends the authorization of a sole source contract with the Dallas Morning News as its newspaper ofmajor daily circulation within the Dallas County area. Ad placement will be on an as needed basis inaccordance with Dallas County policy and procedures and as prescribed by state statute, for the period ofJune 1, 2002 through May 31, 2003.

Should the Court concur with this recommendation, a (Sole Source Award) Court Order will be scheduled for

th, nut "gulacag,nd~

509 Main Street, Suite 6236th Floor Records Building

Dallas, Texas 75202·4616 Office (214) 653-7431

62

THE STATE OF TEXASANNUAL CONTRACT FOR ADVERTISING

COUNTY OF DALLAS

THIS NON-EXCLUSIVE CONTRACT, entered into between the County of Dallas, a governmental entity, of Dallas County,Texas, hereinafter referred to as the "County", and The Dallas Mornin~ News, hereinafter referred to as the "Contractor",evidences the following:

1. Contractor shall advertise and the County shall pay for advertisement services at the firm fixed rate of $2.35 peragate line for legal advertisement and $4.63 per agate line for employment advertisement placed in the classified section of theDallas Morning News, for the duration of this contract. For every line of bold face type there will be an additional agate tinecharge in addition to the space used. These rates equates to $32.90 per coll!ffiIlllr inch for legal advertisement and $64.82 percolumnar inch for employment advertisement placed in the classified section of the Dallas Morning News. Retail or "Run Of ThePaper" (RaP) advertisement shall be billed at rate of $84.14 per columnar inch.

2. For advertisement confirmation, this contract includes at no extra charge the daily delivery of one annual subscription of~Dallas Mornin~ News to the Dallas County Purchasing Agent.

3. The term of this Contract shall commence on June 1, 2002 and end on May 31, 2003.

4. The County may terminate the performance of services in whole or from time to time in part on ten (10) days written noticeto Contractor. The County agrees to pay Contractor for all services completed prior to the effective date of such notice.

5. In performing services under this Contract, Contractor is an independent contractor, and County and Contractor, by theexecution of this Contract do not change the independent status of Contractor. No term or provision of this Contract or act ofContractor in the performance of this Contract shall be construed as making Contractor the agent, servant. or employee of County.

6. This Contract is made subject to the charter and ordinances of the County, the Dallas County Commissioners Court and allapplicable laws of the State of Texas. Venue for any legal action under this Contract shall be exclusively in Dallas County, Texas;and in construing this Contract, the laws and court decisions of the State of Texas shall control.

7. Non-performance by the Contractor in terms of specifications or non-compliance with terms of this contract shall be basis fortermination of the contract by the County. Termination in whole or part, by the County may be made at its option and withoutprejudice to any other remedy to which it may be entitled at taw or in equity, or elsewhere under this Contract, by giving thirty(30) days written notice to the Contract with the understanding that all work being performed under this contract shall cease uponthe date specified in such notice. The County shall not pay for work, equipment, services or supplies which are unsatisfactory.Contractor may be given a reasonable opportunity prior to termination to correct any deficiency. This shall in no way be construed

as negating the basis for termination for non-performance.

8. The County reserves the right to increase or decrease the advertising by any amount deemed necessary to meet its needs withoutany adjustments in the contract unit cost. The County will pay for actual advertising ordered and printed within industry tolerancestandards. All advertising will be purchased on an AS NEEDED BASIS.

9. The County will fax the advertisements to the Contractor. In the event a fax is not available, the Contractor must provide sameday "pickup" in the Purchasing Department at 509 Main Street, Room 613 Records Building, 6th Floor, Dallas, Texas, 75202 eachFriday before 10:00 a.m.

10. Contractor will provide to the County copies of the current circulation and rate verification reportJaudit(s) as they becomeavailable.

63

Annual Contract for AdvertisingPage 2 of 3

11. County advertising is to be 6 point type with NO line spacing, and NO letter spacing unless otherwise specified in writing byDallas County.

12. The Contractor shall submit one original and one copy marked COPY of each invoice upon completion of the advertising.The original invoice will be sent to:

Dallas County Auditor's Office509 Main Street, 4th FloorRoom 407 Records Bldg.Dallas, Texas 75202

A copy of the invoice will be sent to:

Dallas County Purchasing DepartmentATIN.: Purchasing Agent509 Main Street, 6th FloorRoom 613 Records Bldg.Dallas, Texas 75202

The copy will have attached to it a notarized Publisher's Affidavit for each advertisement including the tear sheet(s).

The invoice will reference the applicable bid number(s) advertised, the personnel position advertising, andIor the Dallas Countypurchase order number.

All invoices must be consolidated and issued monthly.

13. The County Purchasing Agent may by written authorization designate representatives in various County departments to placeadvertisements during the period of this contract. All other orders will be placed by the Executive Secretary of the PurchasingDepartment (653-6574). The Dallas Morning News will be responsible for acceptance/invoicing/payment of advertisements placedby departments other than the Purchasing Department's Executive Secretary andIor the Purchasing Agent's Representative.

Payment of invoices for unauthorized advertisements will be at the discretion of the County.

14. The Contractor shall defend, indemnify, and save whole and harmless the County and all of its officers, agents, and employeesfrom and against all suits, actions, or claims of any character, name and description brought for or on account of any injuries ordamages (including but not restricted to death) received or sustained by any person, persons, or property on account of, arisingout of, or in connection with the performance of the work, including without limiting the generality of the foregoing, any negligentact or omission of the contractor in the execution or performance of this Contract.

15. The Contractor agrees, during the performance of the work, to comply with all applicable codes and ordinances of theappropriate City, County or State of Texas as they may apply, as these laws may now read or as they may hereafter be changedor amended.

16. The Contractor sball obtain from the appropriate City, Dallas County or State of Texas the necessary permit(s), if any,required by the ordinances of the City, County or State for the performance of the Work.

17. The Contractor sball not sell, assign, transfer or convey this Contract, in whole or in pan, without the prior written consentof the County.

18. In case anyone or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, orunenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and thisContract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained herein.

Annual Contract for AdvertisingPage 3 of 3

19. This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous andcontemporary agreements between the parties and relating to matters herein, and except as otherwise provided herein cannot bemodified without written agreement of the parties.

20. The County is wholly committed to developing, establishing, maintaining, and enhancing minority business involvement inthe total procurement process. It is the policy of the County to involve qualified minority/women-owned businesses to the greatestextent feasible in the County's procurement of goods, equipment, services, and construction. The County, its contractors, theirsuppliers and subcontractors and veIXlors of goods, equipment, services, and professional services shall not discriminate on the basisof race, color, religion, national origin, handicap, or sex in the award and/or performance of contracts. However, competitionand quality of work remain the ultimate "yardstick" in contractor, sub-contractor, vendors, service, professional service, andsupplier utilization. All vendors, suppliers, professionals and contractors doing business or anticipating doing business with theCounty shall support, encourage, and implement affirmative steps toward our common goal of establishing equal opportunity forall citizens of Dallas County.

21. In accordance with the Contractor's representation of equal pricing to other legal government agencies, Contractor warrantsthat for the duration of the contract, Contractor will not sell advertisement to any other governmental entity at a better rate thanstated in Item No. I of this agreement, without offering such advantage to the County in the best interest of the taxpayers of theCounty.

22. Contractor warrants that ALL advertisements will be accurate aIXl of good acceptable quality per industry standards. DallasCounty will not pay for inaccurate or unacceptable advertisements. The contractor will not be held liable for errors made by DallasCounty.

EXECUTED, THIS the day , 2002

by County and Contractor in accordance with Court Order No. 2002- _

COUNTY OF DALLAS

Lee F. JacksonCounty Judge

THE DALLAS MORNING NEWS

Otis L. Jones Jr.Classified Advertising Director


65

", L' ..;" ~'1 t'~ ;v_'_"i

May 28,2002

TO:FROM:SUBJECT:

The Honorable Commissioners CourtLinda Boles, Purchasing AnalystFuel Management Program, RFP #2000-156-501

Background/IssueOn June 12, 2001, the Commissioners Court authorized a twelve month extension to the aforementionedcontract as awarded to Barney Holland Oil Co. d.b.a.lFuelman/Gascard of DFW for the period of July1, 2001 through June 30, 2002. The contract establishes an alternative method for county vehicles toprocure unleaded fuel at various sites throughout the metroplex through the issuance of fleet fueling cardsas determined by the Automotive Services Center. The county receives a monthly statement detailing thefuel service location, vehicle, user, amount of gallons purchased, date, time and cost by department.Under this contract, Dallas County pays wholesale cost (rack price billed every Monday based onpreceding Thursday's OPIS Dallas Average) plus freight to respective merchant and a listed pump rate lessFederal taxes. This equates to an average fuel savings from published pump prices of $0. 175/gallon forunleaded and $0.292/gallon for diesel.

Upon mutual agreement, the terms and conditions of RFP #2000-156-501 contain an option to extend thecontract, as originally awarded, for a twelve month period. As a result of the~ontinuingneed and overallsuccess of the program and Fuelman's compliance with contract terms, the Automotive Service Center(Contract Manager) requests that the county exercise the twelve month extension option contained withinRFP #2000-156-501.

Barney Holland Oil Co. d.b.a.lFuelman/Gascard of DFW has agreed to extend the fuel managementcontract in accordance with the terms and conditions set forth in RFP #2000-156-501

Financial ImpactTo date, audit records indicate that Dallas County has incurred expenditures of approximately $273,100.00per year for the purchases of unleaded fuel in accordance with RFP #2000-156-501.

RecommendationAs a result of the County's need for additional unleaded fueling locations, the Purchasing Department andthe Automotive Services Center recommend that RFP #2000-156-501 as awarded to Barney Holland OilCo. d.b.a.lFuelman/Gascard of DFW be extended for an additional twelve month period in accordancewith the agreed to terms and conditions, effective July 1, 2002 through June 30, 2003.

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

c: Chris Thompson, Director Central Services

613 Records Bldg., 6th Floor Dallas, Texas 75202 (214) 653-7431

FUELA'IAN/GASCARD of DFWBarney Holland Oil Company

Established 1929

P. O. Bo)( 75i94 • Fort Worth. TX. 76111-CE94· (817) 834-ElaX) • (811) 838-0123 • Fax (617) 222-3<56

May 8,2002

Linda BolesDallas County509 Main StreetRecords Building6th Floor, Room 623Dallas, Texas 75202

Re: RFP#2000-156-501Fleet Fuet Card and Management Services

Dear Linda,

Barney Holland Oil Company d/b/a Fuelman/Gascard of DFW agrees to extend thisRFP# for the period of July 1, 2002 through June 30, 2003. All terms and pricing shallremain in effect.

I look forward to continuing our business relationship. If you have any questions,please do not hesitate to contact me.

DY:mwa

67-------:-------------------

B: COi\r:PA.'iY NA."II:E.: Barnev Holland ni 1 ",...,mrqnvDALLAS CO~TY I

;. ~ Vendor Statistical Report ADDIU:SS: PO Box 7594 Fort- Wf")rt-h 1')( 7 h 1 1 1 -nsg 4... ~ flwi:ocI- per""""" >I"'.{~ ...). .or ." Penn2n.nl Fun-TIme EmploymeDt TELEPHON"E: 817-834-6600~l'E Of~"+

{DC( parttimclt<:mp'~

MALE WHITE BUCK HISPANIC ATIVE ASIA.'i ASIAN OntERMIERICAN PACmC INDIAN

Offi~as 5J>rg(cssicn3b

T«l>nici-llu~

S-.lcsWorXa3 2

Oflic.clClcricol

Craft Worlr:a3 (SkIlled)

Operatives (Semi Slallcd)

~ (Ua;si:iJlcd) ISERVICE ~ IWOlUCERS I

TOTALA I

,~ ,-O.<.l'lllW08_ IWlOTE c:ou..u I I

I1

~ IFEMALE WHITE' BUCK. mSpA.'llC NAnVE ASIAN ASIAN OTEER IAMERICAN PACIFIC INDIAN

I1

Ofru:i3W~... ~ :

Prof=ionols IT=:hnlcl:uu 1S-.lcsWorkcrs 3OfficclCkric:al

6 ,Cn~Woritcn (SlcllJcd)

Opcr.otive-(Scmi SI:ilIcd) IUbcrtn (Urulcincd)

Scm.. Wetken

TOTAL 11 ,fO!UW. Ia<-nG!-108 'lllM<Us:

Wlani C'OU.M

noou::nOl< ITOTAL

19 2 ..... ,

CHECK Minority-Owued Firm cCrtilkacon f# 1J:11ICd by S[CDatureJDale: / b/v ~. ~-ONE: NCTRCA J,-~ OC;/n1Lil2

Womcn.Qwued Firm Certification 11 1sft,al by TY1'edN=can~~tle:V// (/NcnCA I '

Non-Minority Owued Firm Doug Yeargins, General ManagerX

68

May 28,2002

DALLAS COUNTY , i

ENGINEERING AND PROJECT MANAGl;MENT0:, T

02 t1A'f 22 PI; 2: 51

TO:

FROM:

THROUGH:

SUBJECT:

Commissioners Court

Bernard E. Blanton

Q)~Dan Savage'-/~stantAdministrator for OperationsKaren Wile:1,'"General Manager, Sixth Floor MuseumJeff West, Executive Director, Historical Foundation

Elevator Extension, Sixth Floor Museum Visitors Center

BACKGROUND:Court Order No. 2001-942, May 15,2001;Court Order No. 2002-353 Feb 19,2002

Authorized award of a construction contract with Mart, Inc.Authorized Change Order No.1 in the amount of$17,752.

On April 20, 2001 the Surety, Utica Mutual Insurance Group, proposed a Tender Agreement to Dallas Countywith Mart, Inc. as the general Contractor to complete the construction on the Elevator Extension, Sixth FloorVisitors Center.

The construction schedule as contracted allotted 140 days, commencing May 23, 2001 with a substantialcompletion date of October 09, 2001. Change Order No. 1 was initiated adding to the construction schedule dueto adverse weather and unknown or changing design conditions extending the completion date to December 21,2001. It was anticipated that the revised completion date still provided ample time for the Sixth Floor Museumto prepare for the pre-scheduled activities programmed for observation of its February 2002 anniversary date.

Substantial completion achieved by Mart, Inc., February 16,2002.

IMPACT/OPERATION: The following item added to the construction contract due to the delay III

completion as scheduled.

CHANGE ORDER NO.22.1 LIQUIDATED DAMAGES:

Agreement between Owner & Contractor, AIA Document AI01, Article 3.3: The Contractor shallachieve Substantial Completion of the entire Work not later than the date coordinated with the calendardate of commencement, subject to adjustments of this Contract Time as provided in the ContractDocuments. Liquidated Damages in the amount of $500.00 per calendar day will be applied.

Contract completion date 12-21-01 to actual completion date 02-16-02.Museum requested, non-construction days during Christmas Holiday week.TOTAL: Days charged for liquidated damages,

57 days(7 )days50 days @ $500/day = $25,000.

George L. Allen Sr. Courts Building600 Commerce St., 9th Floor, Suite 900 Dallas, Texas 75202-6633

e-mail: [email protected]

Tel: 214-653-6730Fax: 214-653-6729

69Page 2Change Order No.2May 28,2002

Request liquidated damages in the amount of $25,000 deducted from the construction contract and theSubstantial Completion Date established as February 16, 2002. These conditions becoming part of the Owner/Contractor Agreement and will override all inference made in the construction manual regarding these items.Except as noted above, all terms of the original contract agreement will remain in full force and effect.

LEGAL: N/A

MIWBE: N/A

FINANCIAL: The amount deducted from the construction contract for Change Order No.2 is $25,000with the revised total contract amount of $461 ,252

Original Contract AmountPrevious Change OrdersTotal Contract To DateChange Order No.2Revised Contract Amount

$468,50017,752

486,25225,000

$461,252

As a result of this Change Order No.2, Substantial Completion Date established as F~~ruary 16, 2002

RECOMMENDATION: Engineering & Project Management and The Sixth Floor Museum recommendthat the Dallas County Commissioners Court authorize Change Order No.2 in the amount of $25,000 deductedfrom the construction contract with Mart, Inc., the Substantial Completion Date established as February 16,2002and the County Judge to sign on behalfofDallas County.

've Director, Historical Foundation

administrator for Operations


e-mail: [email protected]

Tel: 214-653-6730Fax: 214-653-6729

iO

May 28,2002

DALLAS COUNTY .-- ..'ENGINEERING AND PROJECT; MANAGEME~ftr, !

02 MiH 22 Pi, 2: 57

To:

From:

Through:

Subject:

Commissioners Court

Abbas A. Kaka P.E., Assistant Director ~ •

Dan Savage, Assistant Administrator for Operations

Administration Building Fire Alann System Upgrade (Proposed Work Order #14)

BACKGROUND: The existing fire alann system in the Administration Building is a multipleof several old systems with deficiencies that have been working without upgrade to function asone fully integrated system and to meet current fire codes.

Vidaud + Associates was requested to provide a proposal for an initial investigation andassessment report with probable construction cost. They have provided an acceptable proposaldated April 23, 2002.

The ADA requirements for this system will be studied and presented in the report to have asuccessful inspection by the City of Dallas Fire Department. The Phase I study will look intomaintenance issues, NFPA criteria, reuse of some existing sub-systems and/or replacement witha better system.

IMPACT/OPERATIONS: This phase of work will help to understand the reliable fire detectionsystem and provide ways to lower the maintenance cost with capability to expand the system inthe future.

LEGAL: N/A

MlWBE INFORMATION: Vidaud Associates is a minority firm.

FINANCIAL IMPACT: The proposed fee for the consulting services as Work Order No. 14 is$5,598.00. Funds in the FY 2002 Permanent Improvements (126.2002) are available.

RECOMMENDATION: It is recommended that the Commissioners Court approve WorkOrder No. 14 to be issued to Vidaud + Associates, Inc. for fees in the amount not to exceed$5,598.00 and the County Judge be authorized to execute the appropriate contract documents.

Approved(\ ''t:tiR J

Dan Savage, Assistant A


E-mail: [email protected]

Tel: 214-653-6242Fax: 214-653-6729

7..1,:-----:====================

INDEFINITE QUANTITYARCHITECTURAL/ENGINEERING CONTRACT

VIDAUD + ASSOCIATES INCORPORATED

WORK ORDER NO. 14

Dallas County Administration Building - Integrate Fire Systems - Phase I Study

Date: June 4,2002

DESCRIPTION OF WORK TO BE PERFORMED:Consultant to perform needs assessment report of the fIre alarm systems at the Dallas County AdministrationBuilding, 411 Elm Street, Dallas, Texas. Phase I study is to include survey of existing systems, maintenance issues,feasibility of integrating existing systems with new, options for replacement, code compliance, recommendation andprobable cost estimate. In addition, consultant services will include a review meeting with Dallas Fire PreventionBureau and a meeting with Dallas County representatives to present report fIndings.

TOTAL WORK ORDER AMOUNT: $5,598.00FUNDING: 126.0.0.2002

FEE BASIS:-X.. LUMP SUM AS DETAILED

NOT-TO EXCEED HOURLY CONTRACTHOURLY CONTRACT

Basic ServicesFire Protection

ConsultantReimbursablesTotal Work Order 14

$1,200.00

4,378.0020.00

$5,598.00

SCHEDULE: Thirty (30) Days upon Notice to Proceed

GENERAL PROVISIONS: Terms and conditions of contract between Dallas County and Vidaud + AssociatesIncorporated, approved by Court Order 2000-1157, June 6, 2000, and subsequently renewed by Court Orders 20012331 and 2002-864, remain in effect, but are modifIed by the addition of this Work Order.

This Work Order incorporates, by reference, Vidaud + Associates proposal dated April 23, 2002, IntegrateFire Alarm Systems - Dallas County Administration Building, 411 Elm Street.

Lee F. Jackson, County JudgeDALLAS COUNTY

Russell E. Himes, CFOVIDAUD + ASSOCIATES INCORPORATED

DALLAS COUNTYPUBLIC WORKS

May 20, 2002

MEMORANDUM:

TO: Commissioners Court

THROUGH: Commissioner Mike Cantrell, District No.2

FROM: Selas Camarillo, P.E., R.P.L.~/Assistant Director - Pro~vision

n-' l"'/ ~ ~1..._ I r. l... _ 1\

Q. ~9<.I' v

SUBJECT: Request for Easement Across Tax Delinquent Property owned by Tetex, Inc.Case No. 98-40405-T-A, Garland ISO vs. Tetex, Inc.

BACKGROUND

Tetex, Inc. ("Tetex") is the owner ofcertain real properties located in the City ofRowlett, Texas (the "City"),more specifically described on Exhibit A attached hereto and incorporated herein, (the "Property"). DallasCounty (together with the Garland ISO ("GISD") and the City ofRowlett ("City") has a lien against the Propertyfor unpaid and delinquent taxes. A Judgment for a portion of such delinquent taxes (the "Judgment") wasentered on June 29,1999 in Case No. TX98-40405-T-A

The City needs to acquire from Tetex an easement for sanitary sewer purposes on, over, under and across aportion ofthe Property, together with a temporary construction easement, (together, the "Easement"), the formofwhich Easement, together with the description ofthe real property which is the subject ofthe Easement, (the"Easement Tract") is set forth in Exhibit C, attached hereto. The proposed Easement consists of45,734 squarefeet of land and 28,336 square feet oftemporary construction easement.

The City is requesting that Dallas County execute the attached "Consent and Partial Release" consenting to theconveyance by Tetex ofthe Easement to the City and the City's acquisition ofthe Easement, and further releasethe Easement from the Tax Lien and the Judgment for all purposes, it being the intent ofthe Consent and PartialRelease that the Easement shall be recognized and shall not be extinguished or affected by or in connection withany sale of the Property (or any portion thereof) pursuant to the Lien and/or the Judgment.

LEGAL INFORMATION

The conveyance is in compliance with the Local Government Code, Section 272.001. State law stipulates that theProperty be sold for its fair market value. The fair market value is determined by an appraisal obtained by thepolitical subdivision that owns the land or interest.

The law firm of Linebarger, Goggan, Blair, Pefta & Sampson LLP has reviewed the "Consent and PartialRelease" and approved it as to form.

FINANCIAL IMPACT

The City's outsource Real Estate Appraiser has determined the fair market value of the Easement to be$7,200.00. The consideration to be paid by the City to Tetex for the Easement will be applied first (on a p~rata

basis with other taxing authorities) to the payment ofDelinquent Taxes, in which Dallas County will be paidthe sum of$I,502.34.

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

73

Commissioners CourtMay 20,2002Page Two

PERFORMANCE MEASURE IMPACT

N/A

RECOMMENDATION

The Director of Public Works has review~ the proposed request, concurs and recommends as follows: (1) thatDallas County consent to the conveyance by Tetex ofthe Easement to the City and the City's acquisition of theEasement, and to further release the Easement from the Tax Lien and the Judgment for all purposes, (2) that inconsideration ofDallas County's pro rata share ofthe taxes of $1 ,502.34, Dallas County does hereby Release,Relinquish, Quitclaim and Discharge the Easement Tract from all rights, titles, liens, or interests which DallasCounty has or may have in connection with Delinquent Taxes, and (3) that the County Judge is herebyauthorized to execute the attached Consent and Partial Release, and any other related documents.

If the Commissioners Court is in agreement with the above matter, a court order will be placed on the nextregular agenda.

APPROVED BY:

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

J--rt PAE:peISClj C:lMyDocuments:/dtax:JBrfRowlett Consent & PR

Attachments

cc: Janet Ferguson, Assistant District Attorney, Deputy Chief, Civil Section,Pamela Pope Johnson, Attorney, Linebarger, Goggan, Blair, Pefla & Sampson, LLPDavid Childs, Tax Assessor-Collector

N T R A

74

MEMO

Subject: -Cause No. 98-40405-T-A; Garland ISD v. Tetex, Inc.

OFF

To:

From:

C E

Laura Rich, ManagerDallas County Tax Office

Pamela Pope Johnson~LINEBARGER GOGGAN BLAIRPENA & SAMPSON

mlE©lE JrWlE 1nIMAY 1 0 2001 &

-------11~Date: May 9,2002

The City ofRowlett wants to acquire an easement on property presentlrowned by Tetex. Thetaxing jurisdictions have a judgment against Tetex for several tracts. In their proposal they intendto pay each taxing jurisdiction its prorata share only satisfying the portion of the judgmentassociated with the easement. Enclosed is a copy of a proposed Consent and Partial Release fromthe City ofRowlett for approval by the County ofDallas.

Should you have additional questions feel free to contact me, 214-253-2534.

75COWLES &THOMPSON

A Prof'55ional Corporation

ATTORNEYS AND COUN~ELORS

JOliN M.H1U21U72.2110JHIU@COWU$THOMPSON.cOM

April 8, 2002

VIA FACSIMILE (214) 754-7167

Mr. 101m YoungbloodLinebarger, Heard, et aI.2323 Bryan Street, Suite 1720Dallas, TX -75201

RE: City of Rowlett

Dear John:

Attached for your review is a redlined copy of a Consent and Partial Release inconnection with the acquisition by the City ofRowlett ofan easement across property owned byTetex, Inc. Please review the changes and let me know if they are acceptable. I will thenforward to you a clean copy of the Consent for execution by the property official of the County.

I appreciate your courtesy and your help and assistance.

Very truly yours,

JMHJyjrAttachment

cc: Mr. James Chancellor

o ALL A S T Y L E R

'101 MAIN STREET SUITE 4000 DALLAS, TE:XAS 75202·~79)

TH 214, /) 72 , 200 0 FAX Z14. /I 7Z . Z0 Z0

WWW.COWLESTHOMPSON.eaM

=76

C.ONSENT AJ.'lD PARTIAL 'RELEASE

This Consent and Partial Release is given by the County of Dallas, State of Texas("County ofDallas") on this the _ day ~MareB. 2002.

Recitals:

. 1. Tetex. Inc. ("Tetex") is the owner of certain real properties located in the City ofRowlett, Texas (the "City''), which properties are described on Exhibit A attached hereto andincorporated herein (the tracts descnbcd on Exhibit A being referred to herein together as the"Property").

2. The County of Dallas (together with the Garland Independent School Districti"GISD"l and th~ City) has a lien against the Property for unpaid and delinquent taxes (togetherwith penalty, interest, and other costs in connection therewith) (UDelinquentTaxes") (the "TaxLien"). A Judgment for a portion of such Delinquent Taxes (the "Judgment") was entered onJune 29. 1999 in Case No. TX98-40405-T-A (a true and correct copy of which Judgment isattached hereto as Exhibit B).

3. The City is acquiring from Tetex an easement for sanitary sewer purposes on,over, under and across a portion of the Property (together with a temporary constructioneasement) (together. the "Easement"), the form ofwhich Easement (together with the descriptionof the real property which is the subject of the Easement (the "Easement Tract"» is set forth inExhibit C attached hereto and incorporated herein. The construction of the sanitary sewerfacilities under the Easement will benefit the Property. The consideration to be paid by the Cityto Tetex for the Easement will be applied first (on a pro-rata basis with other taxing authorities)to the payment of Delinquent Taxes (5g that. from such considerayon. the County of Dallas willbe paid the sum of$1.502.34).

4. The County of Dallas has agreed to consent and hereby consents to theconveyance by Tetex ofthe Easement to the City and the City'S acquisition of the Easement, andto further release the Easement from the Tax Lien and the Judgment for all purposes, it being theintent of this Consent and Partial Release that the Easement shall be recognized and shall not beextinguished or affected by or in connection with any sale of the Property (or any portionthereof) pursuant to the Lien and/or the Judgmenl The County of Dallas acknowledges andrecognizes that the County ofDallas' execution of this Consent and Partial Release are a materialinducement for the City to proceed with the acquisition of the Easement from Tetex.

Now, therefore, for an in consideration of the above and foregoing premises and othergood and valuable consideration, the sufficiency of which is hereby acknowledged., the CountyofDallas does hereby CONSENT to the Easement and does hereby RELEASE, RELINQUISH,QUITCLAIM AND DISCHARGE the Easement Tract (as described in Exhibit C attached heretoand incorporated herein) from all rights, titles, liens, or interests which the County of Dallas hasor may have in cormection with Delinquent Taxes, including without limitation the lien, securityinterest or other rights created by the JUdgment or the Lien, and any and all other rights, titles,liens or interests held by the County ofDallas.

Consent aDd Partial ReleasePage 1 of2

77-=: -----;----;---- -_::.....::..-

This is a Consent and Partial Release only, and this Consent and Partial Release coversand relatcs only to the Easement and the Easement Tract and shall not in any way or manneraffect any other portion ofthe Property.

The undersigned officer and/or agent of the County of Dallas has been duly authorizedand has the necessary authority to execute this instrument on behalf of the County of Dallas, andthe County of Dallas hereby certifies that any necessary resolutions or other act extending suchauthority has been duly adopted and is now in full force and effect.

EXECUTED AND EFFECI1VE as ofthe__ day of Apri~4areh.2002.

COUNTY OF DALLAS, STATE OF TEXAS

By:, _

Typed Name: _Title: _

STATE OF TEXAS §§

COUNTY OF DALLAS §

This instrument was acknowledged before me on this day of _____...".2002 by , the of theCounty ofDallas, a Texas political subdivision, on behalfofthe said Col.D1ty ofDallas.

[SEAL]

Consent and Partial ReleasePage 2 of2

NOTARY PUBLIC, State ofTexas

My commission expires:, _

78

IlHlS1T "A"

fOUR u'uta ot lLad oul 01 01. "..... J. IU,rllly 31.lJIVey, "bm'act .u~a InI:l&l.l&a ~'"'ty. Toa.u, &lUI ~nr IlOre pudalollarly lille.lblO .. CQUo•• I

TRACT NO. ICOMWIHCINQ at ,,,- an,,,..oUon at tbe W..l Un. or aaid .."lilt traol .IU\

t~ SOIltb u.n. ol 1Jberty gnv. Road.THINCB Horth ID depe.. 41 min,,'•• 02 Mconde ~'l wl\h rlihl·or·w.y oC

aa.ld 1.O:le", Orove Road U' f4et to point to. OGrntr anQ the flu. ot.'l1nninl'l .

TUKNC:. Iou", U ca..... Ie minut•• Ea", ~SI.2G t••, llil point Co.qIlnl'''1

THINCI .Morlh •• ~IP'M' tl lIIinwt•••,,_ ~U.71 eM' , .. tll.ke ae 1:1.6. liltClGfM' PHI fDIt ootnaIJ

THiNel NOIUa a. dtlftM M lllinu&.. WItt wiU, r.llet 1IA4 NorU.aal Un. of~4 Me,net 'net, a".tI teet &It Iron .eak, ~ GI:InWJ' ..I in 1111\\·01-." otLI.I:l.,ly Oro•• Role.

THlNel Sout" .. ....... 41 IUllue.. Q3 MOClIlQa wI.e With _uClarirht-ot...., 01,' LlIM"y QIo". 1'O&d 1'~.14 c.l to 'IaN ot aOfinnin, ",4GIln&&&mnc..·l ..... MIN 01 Iud...... OJ' ..... .

, .. ?

TRACT NO. aCOMMUICINQ ., lh. Inttneoclon at tM Iou'n nlbl-at...y of U"',t,

aro". IOa4 wUIl tbe Wal& UU of "'d Me"ritt I".'.THINC. loutD 10 .~. 21 Illftut.. la, WiUl t... W••I lIM or uld

..mu &na&. 211. 'f' tMt &0 PI60It of .e,smun'l'1'UIN<:1 SO",cn 00 ca.".., 21 lUll'" "'t WIUl tbe ••,. line DC ullS

MerrilS , ..lOt ud wiva I.enCla...... "".Ig r.., te I.... aUiUl tor aomo"l-1'HINCI NorUa II -0- 51 IISft"'lt. luc wlUa 'lIACI- lID. uua Ifte S.,nA

UN 0' l1li,1'1It trut lIll.1. "It _gcalnt lor own.,;THINCI Non'- " ca....... h _",t.. Wo.', 41'.11 ,.., to ,CllDe ,.

ooner,THINCI loulJa II. 4.,... n ."'... W..', n•. It foe' '0 'Laoe ot

..,main, and oent&!.nbllr"'~U:"" of 1M... .,. •• &Me.

79

THINCI No 10 dlpwl 41 lDb,wc.. OJ 1lIIQ;ll\4. kat whb 'rilhl"'\lC-Wa1 ofUl:lerty arovI u. tert, to 1M PIaGl ot ••csnnlnli

THiNCi ID\lU, II 4IIINU '4 lD1n~l•• iut witts Treat No. 1 and Traac No,3. u lieMrltMId do•• ~~',~'CHt \0 peAnt tOf QOIMPI

THINe. lout" 0 .".. 22 &lin,,'" Jut with Tnat 110. ~ all. T,.o\ Ho.• .. dellOtlb.. IIba... IV. DO t.., co pain. tor GOrner:

THlH~1 HortA II del"" n lain",•• Ie.l U2, ,. t.u \0 pol,.. ro. OArIWl'... on Wilt Un, at TrIAl' No, I .. ~rlbad aJ:Io~'1

THINCk Norlta 08 ..., ..... 22 ~~••• W••, 10,00 r.., to NGPCh-.••t 00I'M1'ol illeS Tno\ No, I lor OGrn..,

TUlIHCI IoUlb .. dip', U sai,nat'. W"'. UO," r". 10 poln' lor aom..on No,",11 UA. 01 UW '1'..., No. 41 .

THIHCI NorCh ~. ca.,"I' 14 IIIJI\",,'" ...,. ~4I,lO t,., til a p.' onLll:lertJ GroV. Hood to, CIOl'MI'J

THINe. loUin 10 .usn-' n na!nlolt•• n ..co/uol. W...I, whl\ rilhl-Qf-"'.yof Lib.", Qllan I'0Il4 '1.41 r... \0 ",.. eI a.pnninc and \M&nl an ......ncuu to ,.., &a wid'''.ArlO,

UNIT, APAaTM£HT NO. 102, aUILOlftG._~l Ind In undh1dld &.173~ interest in til. cOlIIIGn.lellents of CENTIE POINT CONOClMINIUN, I CCIldalaln111. 11' til. tlty of Garlud,Tllas, aecQr41ft9 to the aaclaraC10n and Mister D"d racor4ed In Volume 82162.Pagt 1077, CondQDlnt~ Records. Da"as County,' Tex.s, $ubject to reallocationof undiVided tnterest in thl C~ft ,tenents upon annexation gf id~IClon.'propertl.

AltO,

UNIT. APMTMEKT NO. 202, BUILDING C. ud III undtvld.d 5.22332S InterestIn tnt cGIIICln ,1..nts of ~NTRE POJ~T CONDQIIIIIUMS, a Con_lnll11l tftthe elroy of Garllnd, TellS, accordtne to tM Dtclar,t1oft and MISter 011..r.corded fn volulII 82112, Pit. 1077. CondClll1nhn Records. D.".. Co\Ift'1.TellS, IwbjtC\ io reillocatton of undt,1ded Interest tn CQIIOn .'eDlntsupon Inn,lat10n or 4441\10n.' propert¥.

EIHlllT Ahit 2 of 2

3

- --~-/,~~".-;- "'''''_. ..::......::..::.....::.::"

80

EXHIBITBTO CONSENT AND PARTIAL RELEASE

-- ----- ,- ._~

"";'1-'---':;.,:=- ~~':.--"':' 81

No. TX98-f040!-T-A

FeB·2a·o~ 5:1SPU;

CARl.AND INDEPENDENTSCHOOL DJSTR.1Cf

v.

TlGTEX, INC.

tttftII

JUDGMJjN"I

IN TfrE DlsTRrcr COl'Rl'

DALLAS COUNTY, TEXAS

14TH JUDICIAL DISTRfCT

The~c~~ on bofole £he eoam: without t!1c interVCDJion ofajury, the~. ..' . :i'

tincb that the following ptOCecd.ingI Weft held wevidence imroc1uced: J.;

1. That the dare and rime for the ap~e or the Defendantl TElEX, JNC. b~~ .

passed and that the return of scrv;c:c hat been on m•• in the manner and for the 1enitb or ti..InI;

pwviaecs. by law.

2 Plaintiff GARLAND INDEPENDENT SCnOOL DISTRlCf herein KIUlounceti

ready for [rial.

3. P.i.rsr Intcrvc:ftOf C1TY OF ROWLETI anno\InCcd rea4y for trial.

4. Soccnd 1DCavCllOf COtJN1YOF DALLAS IDDOUD\:W rea4y Cor trial.

S. De!c:ndmt T£'TEX. INC.

( ) cticI DOC iIfli2 - butmade 4.!fiu1l.( ) ....... dnuab II! aItOmey. .( ) 4P-ed t1'IfouIb In aDl2rocy ad I1tem.() .p__ ill pencil.( ) liIeId aD Anrwcr. wu duly notified. but 4i4 aoc appear.

6. PlaifttiffGARLAND lNDEP.ENDENT SCHOOL DISnucr ptaeo.ted pleadings

COIla duo u {oilow-:

1UOOMtNI. fAGE 1

82~~a"28·0~ S:19PY;

......~

DCAD AccouiNo,: ojlJ3319010010400

for tbs yeaJ:(1) 1990-1992 in the total amount ofS2,.39S.89, plu.s penaltia, inCClcat Il1cVbraddilioual peDaltiq or attorneys' reea as provided by law until paid., aDd fORelolUl'C of .the conatilutional and statutory Items upon the real. propen)' dClcribed herein as to allnamed Defendants, Tn. the event of sal. of the propeny, Plaintiff CARLANDINDEPENDENT SCHOOL DISTRICT is entitled to recover fioru the proceeds or such.Hle taXc:!I fbr each subsequent tax year due and owing on !he date of sale, plus penallici:$,interest. and reasonable atlomcys' fees or additional pcna1ties as provided by law.

DeAP Accown No.: 65133319010010100

(or the yc:al(s) 1991·1992 and 1998 in the total amount 0($654,17, plus penalties, l.ntt:rcsrand/or lldciitional penalties or attorneys' raes as provi~ by law WItt! pauJ.. andfQn:d~ ot me GOIISIitulional and slatutory lieu upoc, ,the n=al JIrQIHft'IY cIe8crihl=!d

. herein'. to all named oerendAnu. Tn- the event of sale of the property, PlaintiffGARLAND INDEPENDENT SCHOOL DISTRICT d entitled to recovCl' from theproceeds ot such sale taXes for each subsequent tax year due aDd owina on lbe date ~r

sale, plus penalties.. intereat, and reasonable al1omc:ys' tees or ..uHlional penalties isprovided by ldf. ,;.

'l

DeAD Accognt Ngn: 6.5133319010010200

tor the ycaE(s) 199().1992 in the catal amount ot52,991.38. plua peultiea. iDJaoe:s1 and/etadditioDoll ptmMltia or attorneys· fca as PNvided by Jaw unCiI paid, Iftd !oRclosure ofthe COJJIdtutjoul and stalutory Uens upon the real ptoplllfty deac:ribect herein u to &IInamed Detenda4ll. In the evE of sal. of Ibe ptapa'tY. Plaintiff GARLANDINDBPENDENT SCHOOL DJSTlUcr is CDtitled ro recover fi'om the proceeds or au~sale [Uel for ead\ lubaeqUerlt I.u yiat due aDd owin, OIlb dale ofale, plus penaltie~interest. aad n:uonable IttDmeys' feet or addjriouJ pcWtia &I pro\lidc4 by law.

QCAP Account No.: 6.5133319010010300

ror rite year(s) 1990-1992 in cbc EObal amoum 0£$2,802.9S. plua peu1\ies, int~C:Sl a.au:orMdi~~pcaalba or 1&ICnCyI' r.a •~ by Jaw aatiJ 'pIi4.l11d~ of

,".'~..J"1bd .mrory Jieas upon the leal PJ"OPCftY described herein as to allDlZDcd Dlfi:ndm&l. III the evcm of sa!c or Ihe properry. Plaintia GARLANDlNDJ!PBNI)DIT SCHOOL DlSruCf 11 mUlled to m;over rtam lheprocccdl of 5u~b"'0 CUll ... tICh aublequCDl tax year due and owinaon..dale of sal, plus penalties,int-.c...-..onabl0 Ittomcys' fees or additional penaldu u provideclby law.

1. Fira mtervCDOl' CITY Of ROWLETr pl'llAlUed p1adh1p aDd evidcDcc Ihowinl

deliDqucnt lUes. penalty, iDtcreSt, ard additional penalty Cor collection COllI clue u follows:

JUDgMW[, PAge 2

, - -=:

83· .-;c-.-,

.;,:....:;,,-.:....::.'-_. - --- . -

214521 ' ~A.OE li/l0

""''''

DeAD ACGQUQlNg.: 651.333190L00101oo

for the yca.r(s) 1990-1992, 1997·1998 in the toLa! amount of $874.54, plus pena.1tii:sinterest and/or additiolla1. penalties or aUurncys' fees a.s provid.ed by law until paid, a:odforoc:losure of thc eonsututJonal and statutory liens upon [he realpropeny dC3Clibedherem as to all named Derendants. In [he evenl of sale of the propcrtY. First IntervenorClTY Of ROW'LEIT is e:r.ttitlct1IO recover from tho proceeds of 6uch sale taxes Cor eachsubseqUCJlC lu year due and owing on the date of salet plus penalties. interest. andreasonable attorneys' lees or additional penaJties as provided by la.....

QCAP Acc0UUtNo,: 65J3331901oo1.02oo

for rhe yell'(s) 1990-t992 in the lotal amount 0(51.322.63, pillS pewaltiea., inlQwt and/oradditional penalties or anorncys' fcc:s as pmvic1ed by la_ uruil paid. aDdf'orecJosW"c of.~,~~.I aD4 ItIIaIOry,JicDI upon die naJ~_EiI'.h~'...~~DarilCd ''Detmelilnfl. In the ~t of nl. of 1ho prop«ty. Pial IntetVc:DOt CITY'~ROWLEiT i. erilitled to recover !rom tho proceeds of aucb saletaes for eadhsub8Cq\lQ'1t taX year 4ve illeS owing OD the date or w., plus penaltics' i.ntefeS~ ~rea:tonabl. a~tomeYl' fees or additional penalties as proV;decl by law.

DeAD A"OllOS l19.: 65133319010010300"

for (he YC&C(I) 1990elm in lhe toW amount of $1,240.10, pm' p«laltics, mleTat IIDdlaradditional pc:uJties or IftOmll)'$' Coca as provided by law Wlnl paiet.im4f'oteclos\l.n: orthe:: conftitucioul and statutory UCDI upon the real property dBSCribeclberein as to allnamed Defeadanu. 1D the event of sal. of tbe propCl1y, Firsr '(ntcrvenol' em OFROWLSn is entitled to recover from the proceeds of such sale taxes for eacbsubsequent taX y'" due and owina em the date Ilf Alc. plus pen~lties. interest. and~UQn.abJe attomey.- fees or additional penalties 15 plOvided by law.

S. Second IntetYcaM COUNrY OF DALLAS prcac:nted p1cedhlp IDd cvicJt:z:l9=

showing deliaquent taxa., penalt)f. ia&crar, and Idclitional penalty for ;QUeenon costa due lIS

...~~a:<' ..':'0-:--.', ....... -'

.. '0':. ~ , '0 ...

.. ' .' ......'0 ..... ,••

';

DeAD &r9_l»: 65133319010010400

for tho~.) 1990-1992 ill U. Col.al unounl or 5806.9.5, plus pcn.alt;es. intereal andloradditioaAl·,.wJda or IUOJ'DCYI' fees IS provided by law UDtil paid,anes.fo.reclosUT! ofthe .•~ Iftd ItJdutory lieDI UPOD me rul property dcICl'ibeclhcreio.u to allnamed o.fladlDCt. In thelVCD1 ofale oCtile propeny, Stcoml hUcrvflDOrCOUNTY OFDAU.AS i. atitled to recover .fkocn the poc:ceda ofSUCllaale L1I:IaforelCh J\lbscqumttax year d.uc aDd owiq CD me dIIe or aalo. plul ltll'lalties. intselt, mdreasonab\c:aaorDCYS' fees or additional per18ltin as provided by law.

JUDGMENT. PAGg ,

84

DCAQAso;QWlNg.: 65133319010010100

for the yc.at(s) 1990-1992 inC 1997·1998 in the total amount ofS630.S3 plus pt:naltitsin~t andlOT addltiun~J. pe~ti~ or attorneys' fees as pro:vidcd by law' until paid, and . .foreclosure or thc CQtIlhNuoaa' and statutory licm.s upon the real property describNbcrt:in u to all named Defendants. In lh. event of sale of tho propcny, Second JmcrvenorCOUNTY OF DALLAS is ~ntilled to rccuv« from the ptOQeeds of' such salo taXeS forea~ subsequent tax ye::JZ d1.lc IDd owing an the date of sale,plus penalties, iDt~ aDdreasoMble attomeys' Ceca 01" additional rccalties &I provided by Jaw.

DeAD AS:COUSt Ng.: 65133319010010200

for the year(s) 1990..1992 in the lora) amount of $830,54, plus pcl1alti~. interest and/oradditional peoalrics or attorneys' CCCli as pro\"id.cd by law \IDW pajd,aDd roreclO$Ul'C ~f

.d:ao 1:Oa.IciD:Ui~ m4,'~, licm \ZP01l the teal pIOPCty ~RMI.beRin:IS.'.~'t', • ' q, 'oamefDercacWu.. 1D the evcmt orsale of rhe property, Sccocc1 Int=-vlliot COtJNTYCf'

DAT.LAS is entitled to recover frOm the prccced.s or,uaob sale twtestbreach IUbscquc*tax yell' dye lad uwinl on the date of sale. pluspenaltic:a, inlerest, and reasonableattomeys' fees or adctiaol1u }2enaJties as ptOvided by law.

geAD Afi&01W Ng : 6S 133319010010300i-

for the yar(1) 1990-1992 ill the toWlLa2Ount of $945.6$, plUl peu1lia, iDWRIt andIdradditiONl pca.aJtiCl or auom~· tea IS pravided by lawu.o.Ulpad,ian.4rorecJoaurc dfthe conariMioaaU and atamtory lic:ns upoa the :r-.l propertY·<lelc:ribe4he:teiD. u to IIIn.amc:d DefClldanti. In tbe ev4ftU of sale of tho pIOperty, COUNTYOP DALLAS ~

entitled 10 nlCover from .. proc:aeda of ncb sal. taxes toreiCJlllUblequcn1lU year dueand oWl OD Iho date of saIe. plus penalties., il1\Crea1, and reasonable····~' fees oradditional pczWties u provided by law.

l! IS 1lfERSFORE, ORDERED, ADJUDGED AND DEC'RlW) that Plaintifi. ,

, GARLAND INDEPENDENT SCHOOL DISTtUCT shall recover of and nom Defendants

~T£X. INC. ica~~'tict. ~c"ud iddi1icMI pmally ror....JXJIa._~.., ...:; .... ,. . ...-.:--:-~.... ~. , .. ,.

owing, and uapaiclapiftlt th. pcopa1y herein involved', as follows:

neAp A"S9U'f No,: 65133319010010400

Cot the yaz(.) 1990-199% in the CGlal amoUDt ofS2J9S.89,phli peQaJlia, inte:reSt and/or:additional pcnaldea or 1ltQrDCyS' rca is proVided bylawauJ paid,.IDClCor:=losure ofrhe eouhtutioul and ltINlory lieu LI90D me real pr~d.mbell_eiD u to aU,named Detendmu. T" the ev..t of sale ot lhe pcoperty,PlaiDtiff· GARLAND'TNnUENDENT SCHOOL DISnuCf 1.1 CD1it1ecl to~ rmm lheJ)rOCeeGs of such;

lUQQMENI. PAGU

~Ni BY: lAW OF~ICES O~ AOBEAf lUNA PC

85FEB·2B·02 5:20PM; ,:lACE 6/10

sale luel for c:ach subsequent tu year due and owing an the date ofsale. plus penaJti~.interest. md reaaonablc attorneys' fees or a.dcijtional ~nalties &$ provided by law. .

DeAD ACC9WJtNo,; 65133319<ll0010100

for the y=ar(s) J991-1992 and J998 in rhe total amount 0($654,77, plus pens.lti~. interestIUldior aeditionaJ pe.a.s1ties or I(torneys' fees as provi~c:d by law Wltil paid, cidror~lo$UlC or Lb. constitutioU&1 and StalUtot)' liens upon the real propertY describedherein u to aJl uamcd Defc:adanls. In the event of sale of me propetty, Plain1iifi'GAR.I..AND INDEPENDENT SCHOOL DlSTIUCf is entitled to Reover from tbeprocceda of .UGh I&1c tax.- for eech· subseqaent tu year duo and owinl on the date ~c

sale, plUS penaltiC3, interett, and reasonable attomeya' rccs or additional penalties.pro\'l~by Ja~.

• ' 7.~:",.,,~ ".~~~. ~~~~?: ~_l~.~_.~.90IOO~.02~ ., .. --".~\:' .•: ~':'. . >..:.....:~~':" ._.for me yurca) 1990-1992 ill tho Ictal amaunt oC52.991.38, plua peD&I_~teresI amileitaddiuoaal penaltiea or attonlC)'l' fea u provided by Jaw mwl Paid.. 1Dd··foRclosurc ofme coDllinltioDal and staturol)' tical upon the: real propettY dacribcd herein IS 1:0 annanecl Dotaulanu. In the event ot saJe ot lbo property. Plaimiff oARLANJ.>I'NDEPBND!NT SCHOOL DTSTlUCT is entitled Lo Rll:OVCr ftom the procceda at lUeDsale tax" for each .ubaequcm tax year due mel owing 011 the date of ule, plus penaltieS,~ and reuonable attorney.' fees or additio4l1 penalties as provided by law.

DeAD AccoUDS: Ho.; 65133319010010300

for the ynr(a) 1990-1992 iu the toea! aftJQunl of 12,802.95, plu penaltiu, intcfe$t and/oraddilioul peaaJtica Of attorneys' fees· as provided by law until pai~ and foreclosure 01r.ha! ccmaatutional and ltaNeary lien. upon tho r.l J'fOperty descrihecl herein as to alinamed Defcndama. Tn the event of 'ale of the property, Plaintiff OARLANI)INDEPENDENT SCHOOL DlSTJUCT is =.tiUeci to m:aver from Ibe proceeds of sucl)"Jo tua tor each sublcquent QX year due IDd owinl on the date of sale. plua petlaltics~

inECresl., aDd reuonablc attorney,' fees or additional peualtica aI provided by law.

11 IS FURlHER O.RDERED.~.~DECasm:~.,.~~.c;;If-1:· ".'... ',' .:.. :- ~;' •.;~~~:-:-:•• ~••:" ','::,.~-,;,:~,::,~" , •.••• : ...:. '. I',' . ~ " . I ....,. .• .' -:' '.:,' '•. " ~.rr.

0" R.oWl..BTr tid recover oland I'om Defendants TETBX, INC. its taxa., pearty, intcres~'

and Idditioa-a ..-Jt1 tor coIlecdoa COlli to dare. due, owing. met unpaid apimt the ptOpcny

herein in'lOlvcd. u fbllGwl:

DeAp ksgynlNg:: 65133319010010100

for the yar(.) 1990-1m, 1991·UJ98 in the tOUlI amount of 5874.54, pLua ~Uillies,:

inteteal ..dlor additional pcaaltic:s or ancmey$' fca II providc:l by law until paid, and:

JuPQMENI. PAOE ,

-._- ~,- --:-'- --:....,'.= ,- 86

2145211738; ~AQE 7/10

··'0 ~W

J' .. .:

foreelocurc of the constitutional and staLurory liem UPOTl the real PIOPQlt)' dcscnDMbcm1'1 II rc aU !lamed Defendants. In the event of sale ot the property First Interv~~rCrTY OF ROwt.ElT i& entitled to recover trom the proceeds of suc:h s~e \.aX.~ Cor eachsubicqumt tax year due 8lll.l owing on the date of sale, plus penlilties. interest, mdl'"sonable anomeys' rees or additional penalties as provided by law.

DeAD Acepynt ~: 65133319010010200

tor the yeaz(s) 1990-1992 in the totaJ amount 0/$1,322.63, pJua peDaltics, iJ:ltetcst an~radditioaal paWties or aaomeya' fees aa provided by law vntiJp.w.,._ t'Ot'eClOlute ~fthe ;aa.stituiiooal a.nd IwutOry Iieas upon tbe reaJ prapcn:y deacri'bcldhcteiu as rc ~llnamed Defendants. In the event of salo of the property. First JJ:1tervtnOl CITY OF.ROWLEn i. entitled to recover fTolD the proceed. of such sale taxes for e-..~hsubsequent tAX year du~ aAcl owi.D& on tho date or sale, plus penalties,. i.Df.cre.sl. ~~~~_~' or..or Iddil:$onl1 penaI_ u proWW:by1ftr. ~

., :.':';:0 • - ' .• , :.' .... ,.. ." '. • •••... t·· '

neAP Aqgunt Ng.: 65133319010010300

for tbe ycu(1) 1990-1992 in the IOraI amount of SI.24O.10, p1ua penalties, mfCTClt mdI"ldditionaJ pculties or altOl"ne)"I' tees II provided by law until paid,acdfom:lollUC dfthe coaatitulioual and awukny liens upol1 the re;d PlOperly dacribed·haetn 1& to aliIW11cd o.sfendanw. hi me event of salc of the propeny. First Interveoor CITY at:

" 0 ROWUSTI is entitled to recover from the proceeds of such sale taxcs COT eachsuhsequcm tax year d&&e aDd owing on the date of sale, plus penalties, interest, andrr:asonable artomeys' (cell or a4dltional penalties u provided by law.

IT IS f1JR.THER OR.D£R£D, ADJUDGED AND DBCRUO Ihat So:oad lntc:rvcuur

COUNTY OF DALLAS shall recover of and hm Oerendula TETEX. INC. ita taxM, po,aaley'..

inblrelt, and additioDal penalty lot CQIICC1ioD coata [0 d&to. due, owma. and ua:apaid apinst ~

property herein invoJved. as ro~

'¥=AQ AemUPt NiL: 65133319010010400", : .. :, ,,~.. ,: :.;..~.:'.

. tor tbI yeir(a) 1990-1992 in the total amount DC S806.9'. plus pcu1ties, iatereat ~oradditiaMIl"U1ci.or~' £oea u provided bylaw untilpaicl,.ancl foreclosure o!tho CGIIIdMioul aacJ ••lIJJtnry UCI1I upon the real property describedhaein II to aJ.tJWnelIDrIflJodIJa In.dIc CVCftt of'sale orLhc property. Second lnUU'Ye:acr COUNTY OFDALLAS fa entitled to ncover frDm the pro<;ccds or luch sale taxe.Cor caa::h S\1bS~uc:nL

~ y.- dIM &ad owina on d\c dale ot sale, plu.a penalties, interest, and reasoaable"4ttoruC),' rea or additional pcaaJties II provided by law.

JUPGMSNT. gAge §

-- -,- -,--;"-;"""-"":",=- ...:::...:..~,- 87

,---- -,._,'":: ..:....:.:..::...:-:;,..:....

~EB·2e·02 S:21PUj ~AaE: 9/10

DCAD hg;ougrNg; (j'13331~010010100

~or the ycar(a) 199?':1992 and 1?97-1998 in the total amount ofS630.S3. plwt penaltilS.anter= and/or addJUonal. p~UllltCS or attorneys' fCC$ as provided by law until paid, aild ..foreclosure of the consl1tutJonal and statutory lieELS upon the real property dcscn'bedherem lIS to all named nefendant5, In the event of sale of the property) Second IntervenorCOUNTY OF DALLAS is entitled to recover rnJM1 the pro~eds of such sale taxes forc:a.ch subsCl.{utmt taX year due and owing on the dale of sale. plus penalties. inlere!ll, andreasonable attomeys' 'eel or addilional penalties as provided by law.

DeAn ACXOWlt1S2.: 651lJ319010010200

for the year(l) J99()"1992 mUte toea! amount of $830.54, pI.. pcaaJri-, interest audloTadditional penalties or aftOlftCy.' fees u providc:&l by law umil paid, and foreclosure of

._, .' '... .', '"~_~~~~.GWlOCYLiens upoa,., real PlOjPiIl'tJtii:?"...~..@: ~:,~.:... :,.. ,~., , ..'... ,'" "',- ", .. 'DiIriteCf'DefCndlftt!. 1n the event ofAle of the,propertyIt S«.oad 1'n1erveiaoi'COlfN'n":'o,

DALLAS is entitled CO recover .&om tho proceecb ot luchule taueee lot each subscquc$t.B:x year due and oww, on the date of sale, plus penalties. inleRSt. UKi rct600aMeauomc)'$' fees 01" additional pcaalties as pJOvided by law. ;,

pew Armunr ~I: 65133319010010300 "r,.

(or the yelt(l) 1990-1992 in the tolaJamoUftI nfS94S.65~ plUi pen.Jtiea. inteRSt mdldradditional penalties or auorncys· .r.. u provided by law umi1 paid., aDd funcloS'W'e ofthe consUtutiocal and stalutorY liens upon the raJ property delcribedheteiD IS to allnamed Defendants. In the eY8I'It of sale of the PTOpcty. COUNTY OF 'DALLAS isentitled to recover tl'om the proceeds of luch HIe Wtos for each subsequent tIX 'lear clueand owina on the date of sale. plus peolltic::s, interest, and reasonableattomeys' fees oraddiLiorUll penalties u provided by law.

Thll the lax lien upon the heremder described tracts securing me payment of sai~

rcspecLive amount be aDd the umc lien is DOC subject CO any known interest o{penoos Of parties

""110 arc not impleaded hcreia. lbaIm~'o(~~ all am. ~it'.~.~~,~l!. .~~..... ":•..,. /~~".:'-"~ '.. ---:-'f:7:- '. . 10 ,. • . '.'..:

pficC'~thIi'~ in pollOMioo. of til. property described in lbe pctilion ofPlaiDti.f1{l) thall be

issued. by cha Coaft 10 atiaty D1 pay such amounts, toleU1Ct with 111 court cosll accru.iJJ.S

herein. Said properry beinll daeribed u fon~:

88-----,-",-::: -_!--_-

F~s·2e-02 5:21PM; PACe 9110

ieuc S. Sta.rkcy Abstra..:t 1333. Page 190, Trac:t I. t (formerly known 1$

Trad8 1.1.1.2, 1.3. and. 1.4). 13.109 acres, more Of lC$&. City of Rowlett.Olllaa Coumy, Texas, and beina mct= particularly described in ttw cc:rt&iodeed ot record at Volume 86246, Page 1761 of the Deed. Rocords ofDallas Counl)'. Texas.

'.9. The fand abovo-ducribcd is locatod ~dli.A the bounWuies of s~h politi~l

~ubdjvi'iol1in WhOK behalf this suit wu brought.

to. Tho sale of Aiel ~t(s) of land shall be made and subject to the right ~f

rc4emption as proyided by Jaw.

: .:.. . .. '": '. u:_ ,;.,l~'-~~.or~OG..11 be: illued by me Oak of dwi:cNIi ~.~~.tt ., .. ' .'.".' ,... . ..' _ ..... '. .' . ~,

I

the .tale or to the purchaser's usisns within 20 days after the date Oft which tbcP~a"1 da~

aom chc offi~ mukinj the saJ~ is filed ofrccorc1.

)2. The adjudpd value or raso~bl. Wr rna.rkct value of sai~ above traet(a) i~

hereby let by this Court 10 be $28.010.00

. 13. Punha'. PJlimiif shall recover as a pan or the c:ostI of the sum of $54.00 fat

rasoNlble: cxpensc:s iAcurred in'detmninina the name and localion of IHIOnwy patties and i~

procuriq llCCCMar)' lepl dClCZ'iptloa. u(property IS prcKribed by 1Wuta.

14. OefCDdmt(l) IhaIl pay all coati of thiI suit., mel aU the aforaaid forec-losUtG

p~gs shall exteod to ad jQlC1U4e the recovery ofsaid coats.

15. The Coun ftartbc finda Chat this suiI is for c:be QJUaoo ofdeliDq~I.~~......:{-;.-, . .:. ...... :.... _....:".!"'..:ll'.. ," .•: .... '~...... .• '. - ..,. ", ...... ".,', ~;

alJ.~PftiCedaI& have bleD pcr1'onucd or have oCcwrecl.

)6. T1lo IUiI i. ba'eby ctiniued u to any OefendantCs) named or propcny listed 10

any petition filed bIndD IftCl DOl Darned md dcsigniAled in this judamont.

J7. A:4y met aU te!iefl:lctain IOUPl by lU\y pany whic;b il not cxprolaly granted and

pt'Ovid~ for in thia Jud_CAI i. hereby expnuly deCl:!.

SlONE)) this d.ti....

8921452117:18j

dayOf~_"_,.c;x --', 1999.

:::. -- ....-

FAOe: \ 0/1 a

<,-' • ,. . ...'..,"-:.: eo_,.,

~. '.

..",'1·

90---,,-.-<",-.... ...;....::.~..::::..::..

- ,- -. --

EXHIBITCTO CONSENT AND PARTIAL RELEASE

91

SANITARY SEWER EASEMENT

--_..-. ...~.,.- .....-:,;".--:; ..;".....:;.~..;,;..'-

STATE OF TEXAS

COUNTY OF DALLAS

§§§

KNOW ALL MEN BY THESE PRESENTS:

THAT Tetex, Inc. (here.inafter referred to as Grantor), being the sole owner in feesimple title of the real property described herein and having full authority to execute thisinstrument, for and in consideration of the sum of Teo -and nollOO Dollars ($10.00) and othergood and valuable consideration to Grantor in hand paid by the City ofRowlett, Dallas County,Texas, the receipt and sufficiency of which is hereby acknowledged, has this day granted, sold.and conveyed, and by these presents does hereby grant, sell, and convey unto the said City ofRowlett, Texas (hereinafter sometimes referred to as Grantee), a municipal corporation situatedin Dallas County, Texas. a perpetual easement to place, install, construct, reconstruct, relocate,remove, ope_rate, repair and maintain a sanitary sewer line or lines (and all appurtenances thereto,including, without limitation, pipes, conduits, meters, and valves; provided, however, thatnothing shaH be constructed above-ground other than man-hole covers) in, upon, over, under,through, and across the following described land, to-wit:

All that cenain parcel of land, lying and being situated in the County ofDallas, State of Texas, more particularly described and depicted inEXHIBIT "All attached hereto and made a part hereof for all purposes towhich reference is here made for a more particular description of saidland.

Grantee, its employees, agents, contractors, and licensees shall at all times have the rightand privilege to access the perpetual easement described hereinabove. Grantor agrees not toconstruct or place within the property described above any buildings, structures fences, shrubs,trees or other improvements, without the prior written consent of Grantee. Grantee shall havethe right to remove, and keep removed, all or parts of any building, structure, fence, shrub, orother improvement or growth ofany character that is located within the property described aboveand which, in the judgment of Grantee, may endanger or in any way interfere with theconstruction, efficiency, or convenient and safe operation and maintenance of the facilitiesdescribed above or the exercise ofGrantee's rights hereunder.

TO HAVE AND TO HOLD the above described parcel(s) of land and easement,together with all and singular the rights and appurtenances thereto in any wise belonging, untothe said City of Rowlett, Texas, its successors or assigns forever. And Grantor hereby bindsitself, togelher with its heirs, executors, administrators, successors, and assigns to Warrant andForever Defend all and singular the said pareel(s) of land and easement unto said City ofRowlett, Texas, its successors and assigns, against every person whomsoever lawfully claiming,or to claim the same or any part thereof

Grantee may assign this easement in whole or in part.

The undersigned officer and/or agent of Grantor has been duly authorized and has thenecessary authority to execute this Utility Easement on behalf of Grantor, and Grantor hereby

EASEMENT - Page 1 of2

92

certifies that any necessary resolutions or other act extending such authority has been dulyadopted and is now in full force and effect.

IN WITNESS WHEREOF, this insrrument is executed and signed on this the __ dayof March, 2002.

GRANTOR:

TE'IEX, INC.

By:. _Typed Name:, _Its: _

THE STATE OF TEXAS §

COUNTY OF DALLAS §

This instrument was acknowledged before me on by _____-', ofTetex, Inc. a corporation, on behalf ofsaid corporation.

[SEAL]

GRANTEE


My commission expires:. _

ACCEPTED AND APPROVED by the City ofRowlett, Texas as G~e, this day ofMarch. 2002.

By: _

City Manager

ATTEST TO:

By:, _

City Secretary

EASEMENT - Page 2 of 2

93.::.-----,._..-, :,:;- - -'- .;:.~.::.....::.~ ..::.,:::....'

J

DESCRIPTION SANITARY SEWER EASEMENT No.345,734 SQUARE FEET

SITUATED in the City of Rowlett, Dallas County, Texas, in the J. S.Starkey SUNey, Abstract No. 1333. being a survey of part of Tract No.3, 4, and5 described in a deed from Aspen Nonh Development, Inc. to Tetex, Inc., datedDecember 12, 1986, recorded in Volume 86246, Page 1767 of the Dallas CountyDeed Records, being described by metes and bounds as follows:

COMMENCING at an iron pin found at the southwest comer of said TractNo.3, near a fence earner; THENCE North O· 10' 01" West, with the west line ofsaid Tract No.3 and generally near a fence, 353.79 feet to the PLACE OFBEGINNING;

THENCE North 0' 10' 01" West, with the west line otsaid Tract No.3,33.97 feet;

THeNCE North 61' 51' 33" East, 12.55 feetTHENCE North 8S' 10' 24" East, 333.22 feet to a point:THENCE North 38- 44' 09" West, 380.51 feet to a point in the south right

of-way line of Liberty Grove Road; an iron pin found at the southwest comer ofthe 7.667 sere tract (volume 72126, page 2385) bears North 69- 41' 10" West,121.27 feet;

THENCE North 80· 39' 35" East, with the south right-of-way line of saidLiberty Grove Road. 33.79 feet to a point;

THENCE South 36- 44' 09" East, 324.02 feet to a point;THENCE South 54· 52' 16" East, 817.20 feet to a point in the south nne of

said Tract No.5:THENCE South 89- 52' 24" West, with the south line of said Tract No.5.

51.97 feetTHENCE North 54· 52' 16" West, 685.04 feet;THENCE South 85- 10' 24" West, 380.38 feetTHENCE South 61- 51' 33" West, 22.29 feet to the PLACE OF

BEGINNING and containing 45,734 SQUARE FEEl OF LAND.

DIRECTIONAL CONTROL LINE: Southeast line of 8.71 acre tract recorded inVolume 64378. Page 920 and southeast line of 6.88 acre tract recorded inVolume 5902, Page .68.CONTROLUNG MONUMENTS: CUy of Dallas concrete monument stamped"y,S·1" althe south comer of said 6.88 sere tract and City ofDallaa COncretemonument stamped "V1S.1" at the east comer of said 8.71 sere tract

Surveyed March, 1999 ~ ~1Bruce Geer, Registered Professional Lan~urveyor No. 4117P.O. Box 1233AJlen. Texas 75013·(972) 562·3959

'--

I,nnI

I',!

rf'I

j·f(1J

n1>1

"1/

BRi~~[~~p:.~II~:~4111512 v. UNIVERSITY, SUIHMCKINNE'Y, TEXAS 75069972-562-3959

\

100 0 AOO 200 300

~ : , r

Scale IN = 100 1

\

\

.~

VOLUME 86246. PAGE J767DALLAS COUNTY DEED RECORDS

N 80" 39' 35" E33,79'

S 61" 51' 33" 'J22.29'

II

~N 00" 10' 01" \II' 353.79'

I

I

~COMMENC I/IIG

! IRON PIN rOUND.) SOUTHWEST CORNER TRACT NO. 3

;r-------- ~ - ~---. - - -

1....J VI:E({::J-1-1-1o({>n

-r,J)t-"2o::JMOCIlu

z VII::l~o_u

v WIf)Q!

wl::ll:JW<t Wn. Q

"C>o

o.-

w

>;...:~.-MoM

MM

~"JV(

LiJB£\\Ol'D- ~. \ \

(. 2006

\ \ \ v. \~~~~S62 \ /)ff.i~~c 86~4

I VOLUME 3950~ \ \\ COli",.,} ;-4GC J'1 \ \

r:PAGE 383 ~ 'l:tJ) ~ 6'1

I ~ \ \ 'CCO!?/) \N 36" H' 09" 'W~, ~ S 36" 44' 09" E ~

380.51' \ ~"'. 32...r·0_2' ---:l~__\ ./ £:50' EASEMENTin VOLUME 86246. PAGE 1767 \ , , VOLUME 86246. PAGE 1767

~~~ : DALLAS _CDUNTY D£[D R[~DRD~ ~'-- _ _ __ _ ~L~S_CO-UN-T-Y-DE~D ~(C[]RDS

N as' 10'24~ .......1333,22' _ 1~".J \

-L==,-=_.=="'~-,,--T' '\-- "S 85· 10' 24'; \I ",

380.36' "~, ..' VOLUME 86246. PAGE 1767/' " 'I DAlLAS COUNTY DEED RECORDS \ \

SANITARY SEWER , J......' , \EASEMENT ND. 3 , " :'45,734 SQUARE fEET " '" ~~Ii.~~.52' 16" £ \ ii,

" " '\" ,N 54" 52' 16"~~, " , r

t

:

685.04, , I \ ,VOLUME 90134, PAG( 1947~' , S 89" 52' 24" \/.', iiiDALLAS COUNTY DEED RECORDS , '/51.97'_ '~~L- __ ---- -- ~

95

TEMPORARY CONSTRUCTION EASEMENTand

TEl\1PORARY SLOPE EASEMENT

THE STATE OF TEXAS §§

COUNTY OF DALLAS §KNOW ALL MEN BY THESE PRESENTS:

THAT, Tetex, Inc. (hereinafter referred La as Grantor) of the County of Dallas, State ofTexas, being the sale owner in fee simple title of the real property described herein and havingfull authority to execute this instrument, , [or and in consideration of the sum of Ten Dollars($10.00) and other good and valuable consideration to Grantor in hand paid by the City ofRowlett, Texas, the receipt and sufficiency of which is hereby acknowledged, has granted, sold,and conveyed and by these presents does grant, sell. and convey unto the said City of ROWlett,Texas (hereinafter sometimes referred to as Grantee) of the County of Dallas, State of Texas, atwenty (20) foot ·variable alignment temporary constl1lction easement and a temporary slopeeasement over, upon, across, through, and under the property described in Exhibit "An, whichExhibit is attached hereto and made a part hereof for all purposes. to which reference is heremade for a more particular description ofsaid property.

The temporary easements described herein are hereby granted for the purpose ofproviding working space and for the storage of excavation material in conjunction with thewidening and improvement of the Merritt Road Trunk Sewer within the City of Rowlett,Texas, and for shaping, grading, cutting, filling, and sloping of the temporary easement areagranted herein in connection with the construction of driveways, retaining walls and other suchappurtenances located within the said easement as required by the City ofRowlett, Texas.

TO HAVE AND TO HOLD the above described property and easement unto the saidCity of Rowlett, Texas its agents, servants and contractors, for the purposes hereinbeforeprovided.. for a tenn ofone (1) year, beginning upon commencement of construction on Grantor'sproperty and terminating upon completion of the construction on Grantors property or expirationof the said one (1) year time period., whichever occurs first, at which time all rights granted underthis instrument shall terminate and cease.

The undersigned officer and/or agent of Grantor has been duly authorized and has thenecessary authority to execute this instrument on behalf of Grantor, and Grantor herebycertifies that any necessary resolutions or other act extending such authority has been dulyadopted and is DOW in full force and effect.

IN WITNESS WHEREOF, this instrument is executed and signed on this the __ dayofJanuary. 2002.

GRANTOR:

TETEX,INC.

By: _Typed Name: _It5: ...:- _

TEMPORARY CONSTRUCTION EASEMENT - PaEe 1 of 2

, ..~,-

- -- 96

THE STATE OF TEXAS §

COUNTY OF DALLAS §

This instrument was acknowledged before me on January , 2002 by __________--'" ofTetex, Inc. a _

corporation. on behalfofsaid corporation.

[SEAl]

GRANTEE_


My commission expires:, _

ACCEPTED AND APPROVED by the City ofRowlett, Texas as Grantee, this day of________----'" 2002.

BY:'-------------City Manager

AITESTTO:

By: _

City Secretary

TEMPORARY CONSTRUCTION EASEMENT - Page 2 of 2

97

EXHIBIT "A"

=: - < -.;:..~_ .. --

98

OeSCRIPTION SANrTARY SEWER EA$EMENT No. 3A-TEMPTEMPORARY CONSTRUCTION EASEMENT

21,349 SQUARE FEETSI'TUA1'ED in the CItY of Rowtetr. Dan.. County, Texas, in the J. S.

St.tkey SuMfY, Abstract No. 1333, I*ng • survey cI part of Tract No.3, 4, and5 described in I deed from Aapen North DevekJpment. Inc. to Ttltu.1nc. datledDecerrber 12. 1988. recarded in Volume 882418. Page 1787 oUne DIll" County,Deed Records, bei"i doecribed by metes and bound••• foRows:

COMMENCING at In iron pin found at the southwest conw of said TradNo.3, near I t.nc:e comer; THENCE Nor1h cr' 1" 01· Welt. with the W8lIt line ofuid TnICt No.3 _ ~ near I fenc:e, 331.14 _to the PLAC!OFBEGINNING:

THENCE North 00· 10' 01· w.t. with .....A.... of NicS Tract 3 Ind~ nut Mid fence, 22.15" IE) I~

THENCE Nof1h I'· 51' 3r-. 22.21 ... to I point. THENCE Nor1h 15- 10- 24- -. 380.31 r.t to I point

THENCE South 54· 52' 1r !aIt. 815.04 MUD. point inh~ Ane ofuid Trwc:t 5; a canQ." nwk« stan1Md -Y·1- found burI~I·2".wa -.458.8ItIIC

THENCe ScMI\ .- 5Z 24- Welt. with btlOUlt 1M d Mid TnId 5, 34.15"'fD_point

THENCE Nof1h U· 52' 1rw ea."'"to. point;THENCE SouIh .8 1t124- V 1l 311 poifttTHENCE SouIh .1· 51' as-v.".. 21.71 fIIlIt • the PLACE OF

BeGINNING and ClCMI~ting21."'1q~r.t

DIRECTIONAL CONTROL UNE: SauIt..c 1M~1.71 an net I'KOf'ded 1nVolume 64371, "120 and lOUth_it I.. t:I 8.88-=renct NCOIded inVolume 5102, P1Ige ••CONTROWNG MONUMENTS: City t:I DIll. COIlCI.fIIrnonumMt ......-Vi"'1· _1hI1OUIt COft*' atSlid .....,. tract IftdCltyOf.DIII1IICClIlCt'ete

. monument"'~ -V1...'-...-.I conw at Aid 1.71 ........

=~:':::~~~No.4117P.O."'"Allin. 1_7ID11(872)512'-'

_....-- - - - ---- 99-,--",- ..- ....

-:._-:: .,;;;,...;;:.:..:...:.:.:..;_. - - ,~- - - -

OeSCRIFnON SANITARY SEWER EASEMENT No. 38-TEMPTEMPORARY CO~STftUCTION EASEMeNT

'881 SQUARE FeET 'SlTUATIED 'n IN CItY of Rowt. can.. County, TexaI, in 1M J. S.

Stattey Survey. Abshct No. 1333, being • sutWrt of pert ofTntet No. 2 m:t 4detetibed in a deed from~ Nctth DeY"'opment. Inc. to T_x., I"C. datedOecember 12. 1_.~ in VciC.lme 88248, P.ge 1767 afa. 0.... CountyDeed Recorda. being described by n_. and~ • faI1ows:

COMMENCING at an iron pin faund at the southwelt c:onw of taicS TractNo.3. ,.. • renee c:omet; THENCE Not1h O· 10' 01- WtlII. wiI't lhI.west line ofMid TI1ld No. 3 _ Q«*aIIy ,., a fence. paMinQ .....ncdiw••·.conw of laidT..- No. 3 and cantlnt.inggeneraDy ...... Mid tlInce9 707.50'"a_paint in ..SGUI'IUne of LibertY GnMIRoId: THENCE Nor1h .,. .......with ..1OUI\line d Mid·UbItty carow Roed. 151.71r.t ID ht bIgirring point In iron pinfound at" ·1OUItM lit corner d thI 7.187 .,. net (vawn. 72121.....2385)~ Nor1tt 7r 01·11·~·.151.• r.t;

T10IENCE North ...3r Eat.. with tNt IGfA\ line ollaicll.Jberty GrO'MRoed. 22.53·.'" to. pciI'It

nfENCS··SouIh .. 44' or e.. 374.72 tNt 10 • pok1tTHENCe North ,..- 12' 1rWIIItt 64.25,.to • pointTHENCE North .." or W-. 324.02 ... 1ID ..PLACE OF

BEGINNING 8nd COIIt11iri.. ..., Iquana r.t; -

DtREC110NAL CONTROL UN&:~ 1M fA 1.71 net~ inVolume M371. "'120._..., I •••ne C'Ie net~inV.... S80Z......CONTROUJNGMONUMENTS: CIty ofell. COl"'•• monuftWIt ItIn1Mtd-V1a-1· tGUIh COl1*' oIlIid e.1I .... nd and ClyarDII•.cona.monumlnt ,...s -V1....'· II ...... comer d MidI.?1 ..net

Si.IlW)«I MardI. ,. ~tJ(tsb.....8tUCI 0... RegiE" PlU'111klNII JgitSuMlycr No. 4117P.O."1233· .Alllft9 T_75013(972)582.....

...

. I."" .,

1001.\ DALLAS COUNTY~ ; J

J'''~>F Of ~~..l· PUBLIC WORKSMay 20, 2002

ri

M E M 0 RAN DUM:


THROUGH: Commissioner Mike Cantrell, District No.2

~.

FROM: Selas Camarillo, P.E., R.P.L.S.Assistant Director - Property ivision

SUBJECT: Proposed Disposition of a Portion of Shannon Loop Right-of-Way, Unincorporated DallasCounty, Texas

BACKGROUND

Dallas County has received a request from James Rabe, an abutting landowner, to abandon a tract of right-ofway that traverses his property on Shannon Road in unincorporated Dallas County. Dallas County purchasedthe right-of-way, consisting ofapproximately 0.766 acre ofland, for the extension of Shannon Loop by Right-ofWay Deed dated October 14, 1944, recorded in Volume 2564, Page 358, Deed Records, Dallas County, Texas,(the "Property"). The Public Works Department and Road and Bridge District No.2 have studied the public needfor the Property and determined that the Property is no longer needed: for the extension of Shannon Loop alongthis route; by the citizens ofDallas County as a road for public transportation purposes, for conservation, park,recreation and/or similar purposes; and considers it surplus to Dallas County's needs.

LEGAL INFORMATION

Dallas County will dispose of the Property in accordance with Section 272.001(b) of the Local GovernmentCode.

FINANCIAL IMPACT

The Public Works Department cannot accurately assess the fair market value ofthe Property until an appraisalof the Property can be accomplished. The Property Owner is responsible for all costs associated with the sale,Le., administrative costs to prepare the appraisal report, survey fees, and title expenses, ifany.

PERFORMANCE MEASURE IMPACT

None.

RECOMMENDATION

The Director ofPublic Works recommends that the Commissioners Court: (1) declare that the Property shownon the attached Exhibit A is not needed by the citizens of Dallas County as a road and is not suitable forconservation, park, public transportation, recreation or similar purposes, and is hereby considered surplus rightof-way, (2) authorize the Public Works Department to perform an appraisal of the Property, and (3) authorizethe Public Works Department to dispose of the Property in accordance with Section 272.001 of the LocalGovernment Code.

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

101

Commissioners CourtMay 20, 2002Page Two

If the Commissioners Court agrees, a Court Order authorizing the above matters will be placed on the nextformal agenda.

APPROVED BY:

~~IJ{JDonald R. Holzwarth, P.E.Director of Public WorksyrrPAE:pe/SC

DMyDocuments:/Surp:/Shannon Loop Brf

Enclosures

416.1030 ACH! "FALCON'S LAIH. I '"

VOLUME 64071. PAt ,t

D.RJDC I

To fo JAMeS 1. RABE. FALCON'S LAIR, LP" FIRST AMERJCAN nn.£ INSURANCE COMPANY ANDREPtJ8UC nnE OFTEXAS INC. - OF No. 02RO.u84~te,' Irbrch 21, 2007

Thu Ji.s to certIfy ,h.,l hi6Ve, fJUS Gate. milch .. ClIIetuI.nd .accurll'e ....,.".e)'. on u.. ground. 0' property IQCMft<'I on ShannonRlUd. Oil/filS County, Tens "nd lite pi" shown h.,.an ,. a COI"rwa and KC.ut',J1e repres.nt.Uon ofrhe prop«ry; Ii,.,.. anddimensions ~r. iU indicated; locatIon .nd 'ype of buildings Me as ahown; .tnd EXCEPT AS~. l1li improvements anIcxil,fiId wi'hin rhe bofJnGanu rtM dlstarJCa indiu'ed; lII1d EXCEPT AS SHOYr'N, 'here.a,.. no vislble.and IIp,,.re,,.....5anlWIfS...crOi1chment.s. or pro'ruaions on the grof,llJd,

;-.' >Lf'-d'i ""'ul ;;e,I'::I("'~':;" .:: .....(,';I..;:':C(\ ,.,: ... :re G;: ~, ....mtef de~';f:ce J ~.ete r. i..h~ 0: :ri\ l"f'.~y 0', .;)1I".e' p~!,e\'::"J'::;,t 1;:1 :;lrc:: ':::'L'~';;"~~ u~.,:: ::e,): ....sel i ~'\' (J:"'.;j ::::;r,c;..S\tlHLU,r~'1';::.-. OW.Of \",S'2 \(',)'1 /'.;)1 t~ ir.e f~II,:;O~s,biMyof lhe

"r:::~·i.;re,,:j

OacripUon of Properry

Tt'iJct 1

Baing.aU 'M. '*1'",n lot, .ntd OF parcel of IMld 100000fld in Che J. R. BRUTON $URVEY, ABSTRACT NO. 150. o.I~, Coomy.r .....,u .nd b_ng -'I 0'" 11.tJt .cre fJ'1IC' oIlMd (TtKt an.) «HI fill of 11MI' Two. COI1¥'e)'ed'o~, L R.ah. by dMt.'Ir«:Mrhd in Volume lOOOOiJ',~ 0222•• 0Md R.corda. 0tJ.hM CocMwy. r...and..... mont~ dMctio.d ••followa:

iMgjnnilllJ.r. tn Inch d;'me""';'OtJ tocJ ... tor c:Ot/Mltin~" ..oIl1f"01'OM11 SI'Mnnon RoN. uid poi,. '*ng" tIMWesl comer of the.above mfHltlotMd Tl"KI Two;

l'1Htnc.e Notth .u Hg. 10 min. 615 NC. &1It. alGnfI the~ ....,.... TtltCf TWo•• "-.no. 0' 1547.43 '"' fO. fwK;.po4f IrH c:onHlt'.r 11M Honh c:om..ofIIM.ocw. mettUoned 1f.Qf .cH 0'IICt;

T1Mnc. S4wfh ndefl. f7 mhl. n .... Eaat. "otIfif d'MtNo,."..., IIMotNJ41f.N' ..... tIKI•• dlst..c:. ofJQ.J4"'10.fence po.' tot c:omw., 11M ENI comer 01 MId fl.UI KlelrKf;

Thwx. South.u defI. .fa min. 04i MIl:. W.... IIIongCh. So&AheNr Mne 01 MId".Ut KnI u.et". dI~o'"7.f.ll""roa.12 jnch diMn..., Jron 1'Od .. (0, COtJ't« in the~",.of...,/I'D"''''' .,.".,.ItNttIMlIMid poin...... ., thebeginning 0/. tu~ to the httt Mv1Of1. c.,.'" MfIIe 0I2't .... ff ...... If ..... ,...,.,. 01,.,.... ""' and. chonI btMrIttg01 North f1 eNg. 51 min. SI ..... WlNt•• dI-.....c:e 01 15f.• 1MI;

Thenc;:. in • North...,.,ty direction along NJd e::uno. to u..1eIr M4NkI~.11M, • "'Nanc. 01 1N.ff ,.., to,. III JndIcHIme'" Non rod HI for e«".,;

Thenc. North 2S rhg. CU mJn. Jt NC. W"'. along MHI Nontte.. line, ,. ".AnCe 01121,'4 ,.., to the PLACE OF BEGINNING~ c:onulning fl.'" acr.. ol/.and.

Tnc:,2

Belnfil .11 fhlll c::.tfMn 10•• trac:t 0#' pwcel of I.nd locMed in the J. R. BRVTON SURVEY. ABSTRACT NO, 150. 0.1,.. County,T..... Mid biting MI of Trac. 17Ir... convey"" to am•• L R.tbe, by deed~ In Volume 20000M.""" OU2t. 0MdRflCOtda. o.U.. Count)'. T..... atwJ being more parocui¥ty ~r'lMd.. follows:

lHgmnlng .t ,. 112 inch dl..me,er lton rod .. fw corner m .he c::entarflne of $h.ennOt1 Ro.d, Mid poln. being ., Ute SouthCOftwK of the above nt/Muoned Tract Tht..;

Th~e Nonh 45 d-rl. 02 min. 52 Me. !Mrst. .aJong aid c::etrlerlm.. ,. diatance 01 J40.4f ,.., '0 • 112 inch dUlmet.,,,on rod .., (he South com..- 01. 75.530 11(;1'. frM:' 01 land conveyed '0 ",ike Rorl.. by deed t'Korded In Volume 2OOO1,J1.~ 03230.DHd RflCords. 0.11... County, r.....;

Theme North.u d-.:t. 70 min. 55 sec. EIIat, "'ang the SouIhNa:t U,... 0' uKJ 75.530 ~tl'Kl'•• distance 0' 5tl.21""'0.,12jf)(;h (/JMn.," Iron rod found tor COI'nM in thia ScH.nhwMt II,.. of MHI propoMd Shannon ROMJ;

TIMnc::e South 25 deg. 04 mm. .:H He. £"', JJIotJg wid South..st lin.. • tUSQlnc. of .Sli" '-«'0. t/2lrn;h ttt.m.,., Iron1041 ..., 'or C::Otn« in Mid Southw..' line end MId point hing at .he beginnirJfl of. curve '0 .he tight tuwlng. C'WJfIW MghIolSOdflg. J7 min. 07 He.•• t'ltdluaoll'f.U Net .nd. chordb..rlng of South 00 tMfiI. 13mm. Maac. E..... dI.canc:eot121.70'"';

rh-.nce in • South.u,wly direcUon .'0rtfil ~d CUIV.'o the (Jfilht.and SJUd Southwe.tline•• diatilllCe of 231.15 ,..t to. 1/2mc::h di~mefw iron rod H1fi the En' com.,. of said Tract Tht..;

rhence South 44 dtlfl "SI min 0'lI .lee. w.tst. Mong the South..., Une 01 uld r,.(;f Ttv.., • dU'<Jrn:e 0' 18".05'" to thePLACE OF BEGINNING Mld com.aining 3.425 olcn. of lotnd.

1Nl

t75.530 ACRESMIKE RORJE

VOLUME 2000139, PAGE03230D.RiO.C.T.

l'"') ...oJ' .fc,'t-<.~~".OJ

~'\.<;)

+

//

//

"'V-"'.~~""~~

u>~

~-

'l.'i.:\~.

e,) ...'"_~,<-t-::r~,.:~Il.~..~

e,

,.....o,.....

ACCORDING ro rHE COMMUMTY· P~NEL NO "IJOf~5 OU5 B OF- {HE FEDERAL EMtHGtM, Y

103

f'Yi. s " fA ~ CA .) t e~ J~ ,...5

'D ~ IfA S .C-c.:.J ....-t '1

~ ..

. "

Dc. 1-. IG( 19ij<.(, -r:I~J :5 -r.e.c.;;),..d. .....J 1"";..?A- Sa- "3::> r ; ~ ft.. C1rv....rf, r-e.- C¢ reI J I

w(+~ .J.~:-S l-e.H..-r .::r A- r er tJ e.;.1;,vj

-tl". ~ ~ov....rf'7. +0 A bA~do"/ -flo .. +'r~ c.:+ 0 f- 1~J(J..

-t~A-+ ~,.A:~ c:..o!J-.'e.'1-d +.) 'DA1J~J QC'"''''''-+r h, 'J)..u.d.dA t~d

.:r..r -t L.. .....,......... ,s eve..-...... A rJ ~ .... .! +0 ,.. ~ 0 p~. J".!

5 L. A .N ,." 0 ,.fI LD 0 r ;.-f ;.s ,.e.-t y b....1: e. F fL ~ t- A

J ,.- [.f'::r ~.v-l .,t ffr o R.c.~ l..J ~ tf Ii. b.. ,.u~ c e.rs A 'r",', A f

+1.. ':.5. f; "'t- <.. +4 e. 'R. . 0, u. J -e --t d. e '" J J ~ ,.., "'" 'i p~of't1--..,,:f-( t

YolJr c... c ";.$ ; d c:..- ~+; 0".) -t 0 +L.. /j ,.....,. A II.....,.... c-J 0 \J {J 6 e

.5 r ~ Y\- ~ 1'( A (' f r" ; Co ; ,t i Co J.

-r~4,vlJ ~vc-~

~4'd--? l> a0 ~ .2 I :,- 7

h r /f-I-7 ,,-;y. 7';{2.. (

~7)., ~-'l./,.~~o08

10.4.. ".., /-,

PUBLIC WORKS

May 15,2002

MEMORANDUM


THROUGH: Commissioner Mike CantrellRoad and Bridge District No.2

FROM: Donald R. Holzwarth, P.E. Director ofPublic WorksRick Loessberg, Director ofPIanning and Development

SUBJECT: Survey Services for South Mesquite Creek Trail

BACKGROUND

The South Mesquite Creek Trail is currently included in the County's FY2002-FY2006 CIP and iscurrently scheduled to receive $300,000 in FY2003 for construction. It will provide a one-mileextension to the I.SO-mile existing trail in DeBusk Park that extends from Peachtree to Forney Rd.The proposed one (1) mile trail extension will begin at DeBusk Park on the south side ofGross Rd.and roughly parallel South Mesquite Creek as it winds northward through Oakbrook Park. The trailwill terminate at Hwy. 80 (see attached map). This undertaking will be the County's first endeavor toconstruct a trail in the eastern portion of the County.

So that the design work on this Trail can begin in anticipation of the FY2003 construction funding,it is necessary to have the proposed corridor surveyed.


Since Public Works no longer has in-house survey capabilities, Staffproposes that the County use itsIndefinite Delivery Contract with Dal-Tech Engineering, Inc. to provide survey services for thisproject.

The City of Mesquite will own and maintain the trail, and the trail will be acknowledged as acomponent of the Dallas County Trail System. The required property is already in public control andthe County will survey, design and oversee the construction.

105PROJECT SCHEDULE

It is estimated that the required survey services will be completed in one month. By getting a sixmonth head start with the survey, this would allow a tentative design completion in Fall of2002, bidletting in late 2002 and construction could start early 2003.

MIWBE PARTICIPATION

Dal-Tech Engineering, Inc. is a certified MinorityfWomen Owned Enterprise.

FINANCIAL IMPACT

Dal-Tech Engineering, Inc. proposes to perfonn the needed surveying for $11,700. At this presenttime, the $300,000 included in the FY2003 CIP for this project is not available for preliminarysurveying on this project. However, $24,580 in 1991 bond funds remain from the recently completedWmdmill Hill Amenity/ADA project and are now available. So that the South Mesquite Creek Trailproject can proceed, staffwould propose that these remaining funds be used for the survey of theSouth Mesquite Creek Trail.

In addition, an authorized agent of the Texas Department of Licensing and Regulation must reviewthe project's plans for ADA-related accessibility (under State law, projects with construction costsgreater than $50,000 must be submitted for such review). A permit fee of$890 will be required.

RECOMMENDATION

Public Works recommends the following:

1. A Work Order be issued to Dal-Tech Engineering, Inc. and a sum, not to exceed $11,700, beauthorized to facilitate the establishment ofa horizontal alignment for the South Mesquite ~reek

Trail.

2. Authorize the payment of$890 to an authorized agent of the Texas Department of Licensingand Regulation for the review of the plans for South Mesquite Creek Trail.

Payment to be made from PARKS AND OPEN SPACE BOND FUNDS,00415.0000.08010.1991.0.90016.00000.0000.

APWl[Id(JDonald R. Holzworth, P.E.Director of Public Works/ld -->

Attachments prCC: Shawn Balusek

Shirley Rapp

~RickLoeSSbe~Director of Planning and Development

106

ORDER NO.

DATE:

2002 912MAY 14 2002

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 ___---::1::....4:..:th~ day of May

by Kenneth A. Mayfield, carmissioner of District #4

by Jim Jackson, Corrrnissioner of District #1

and seconded

following order was adopted:

WHEREAS, the matter set forth below was discussed in briefing on 14 May 2002; and

WHEREAS, Statements of qualifications for surveying services on an indefinite delivery and quantitybasis from thirteen firms have been evaluated and ranked as to "best qualified"; and

WHEREAS, fee negotiations with the top-ranked firm have been completed; and

WHEREAS, funds for such surveying work are available in the funding for the projects for which thesurveying services will be performed; and

WHEREAS, it is estimated that $200,000.00, annually, is sufficient to perform these services underthe contract.

RecolllIllended for

~fWP'E'Director of Public Works

day of ----........;~~-~2;_-~_;;JO""""'7-===......--' 200214th

survco2002idqcontract.wdl

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the CountyJudge is hereby authorized and directed to execute the attached contract for indefinite elivery andquantity of surveying services (one year) between Dallas County and Dal-Tech Engine no Inc.

107

ENGINEERING, INC.CONSULTlNG CIVIL ENGINEERS I SURVEYORS

CONSTRUCTION MANAGERS

-iJ/<.

April 30, 2002

Via US Mail and Fax (214) 653-6416Mr. Doug Keesey, P.E.Dallas County Public Works411 Elm Street, 4th FloorDallas, Texas 75202

Subject:

Dear Doug:

South Mesquite Creek TrailMesquite, Texas

DAL-TECH Engineering, Inc. is pleased to submit the following proposal for the subjectproject. As per our site visit, DAL-TECH will provide survey services as follows:

1. Field Survey

DTE will survey for the design of the trail from the existing trail at De Busk Parkto Highway 80 for approximately 1 mile. Top survey will be for 50-feet wide at50-foot intervals, and all bends and CL and edge of the creek paving crossing,trees and all other features along the alignment.

All above survey will be tied to the State Plane Coordinate System NAD83, andCity ofMesquite Datum (Benchmarks).

2. Deliverables

DTE will provide a Microstation file with GeoPak setup format, an ASCIIcoordinate file, a DAT and a TIN file and any field notes and sketches.

Dalserv/debraiMarketingiRFQ's (Currenty2002/South Mesquite Creek Trail ProposaI.Keesey.4.30.02

17311 DALLAS PKWY I STE 200 I DAllAS, TX 75248 I 972·250·2727 I FAX 972·250·4774222 W. EXCHANGE / FT. WORTH, TX 76101 / 817-626-8777 / FAX 817-626-5777

www.dal-tech.com

Mr. Doug Keesey, PEApril 30, 2002Page 2

Estimated Fees

3-Man Field SurveyPrincipalR.P.L.S.CoordinatorSurvey TechReproductionTravel

Total

108

64 Hours @ $136.OOlHour4 Hours @ $165.OOlHour6 Hours @ $98.001H0ur8 Hours @ $103.OOlHour

12 Hours @ $60.OOlHourLump Sum400 Miles @ $0.31/Mile

$ 8,704.00$ 660.00$ 588.00$ 824.00$ 720.00$ 80.00$ 124.00

$11,700.00

DTE recommends the budget estimate for the survey and geotechnical of the project "notto exceed $11,700.00." If you have any questions, please do not hesitate to call.

Sincerely,

Mon Akhavan, P.E.MA/ats

Dalserv/debraiMarketingIRFQ's (Current)/2002/South Mesquite Creek Trail ProposaI.Keesey.4.30.02

South Mesquite Creek Trail (City of Mesquite) [Scale: 1" = 0.17 miles]

-J

illrooz5:

~«J ,......«J 0

\0

'e,.{

c(J)

OJa(J)AI<AI

\~'~, VI

.c~.'(i;

(l-<

'"(':;

7"

S)IIII, Itt" .( .Iqfflle

//,·S1(-\'l.II\J~~

NOTE: The creek isSOUTH MESQlJITE CREEK.

The software has labeled this branchincorrectly.

~ "ie"""0m••",,,,-,,,",US, 1__

~

..--.-·.·---.------.---F--------.-.----~ .--- ~------lrmr------;r--~- -.-.- ~. -. ---\\- lB: ' .~.\ . ".,"':;:- (/-::cc::c.':: ... . Ji'" _,- -'t P ,,-SSRO .ACCEss::RO=-:-::=.·~-·-·-·· ... '._-... .... __...• -..- -.-.- \\."J./I! os."" SRVR S ~ I'h II <-£~) '::,'

\ \ : '¥-8 I

\ \ f ANl1A Jro , :{

r~~:~IL LOYCE \.JL'/' .~ '>" S't'BIL Proposed Route

/\.\ . South Mesquite Creek\ \. NORMA Trail

DALLAS COUNlYPUBLIC WORKS

110

, ;l

o2 ~l;' Y22 P;~ 3: 26

May 15,2002

MEMORANDUM


THROUGH: Commissioner John Wiley PriceRoad and Bridge District No.3

FROM: Donald R. Holzwarth, P.E. Director ofPublic WorksRick Loessberg, Director ofPlanning and Development

SUBJECT: Survey Services for Roy Orr TrailProject 90115

BACKGROUND

The Commissioners Court approved a Court Order in May 1999 that authorized $300,000 for thesurvey, design and construction ofthe Ten Mile Trail (recently re-named Roy Orr Trail by the City)in DeSoto. The route ofthe proposed 8' wide concrete trail would begin behind the City complex androughly parallel Ten Mile Creek in an easterly direction and terminate near the northwest quadrantofPolk and Pleasant Run, resulting in approximately one mile oflength. This project will connect anexisting segment to both the west and east and create a 3-mile trail.

The eleven parcels required for the trail are in private ownership, and the City ofDeSoto has agreedto provide funds for land acquisition and instituting eminent domain proceedings. Eight ofthe elevenrequired parcels have gone to condemnation and the City has recently informed staffthat possessionofthe properties could come by late May 2002.

So that the design work on this Trail can begin, it is necessary to have the proposed corridorsurveyed.


Since Public Works no longer has in-house survey capabilities, Staffproposes that the County useits Indefinite Delivery Contract with Dal-Tech Engineering, Inc. to provide survey services for thisproject.

The Trail will be owned and maintained by the City of DeSoto and will be acknowledged as acomponent of the Dallas County Trail System.

111

PROJECT SCHEDULE

It is estimated that the required survey services will be completed within one moth of the issuance ofthe letter to proceed. Tentative design completion is set for Summer 2002, with bid opening to followand construction could start late Fall.

MIWBE PARTICIPATION

Dal-Tech Engineering, Inc. is a certified MinoritylWomen O\\-1led Enterprise.

FINANCIAL IMPACT

Dal-Tech Engineering, Inc. proposes to perform the needed surveying for $25,340. At this presenttime, $300,000 has been allocated from the 1991 Parks and Open Space Bond Foods by Court Order99-949, dated May 18, 1999.

In addition, an authorized agent ofthe Texas Department ofLicensing and Regulation must reviewthe project's plans for ADA-related accessibility (ooder State law, projects with construction costsgreater than $50,000 must be submitted for such review). A fee of $890 shall be required.

RECOMMENDATION

Public Works recommends the following:

1. A Work Order be issued to Dal-Tech Engineering, Inc. and a sum, not to exceed $25,340, beauthorized to facilitate the establishment ofa horizontal alignment for the Roy Orr Trail.

2. Authorize the payment of $890 to an authorized agent ofthe Texas Department ofLicensingand Regulation for the review of the plans for the Roy Orr Trail.

Paytnent to be made from PARKS AND OPEN SPACE BOND FUNDS, FY1998,00415.0000.08010.1991.90115.00000.0000.

Attachments

APPROVED BY:

~lL~Donald R Holzworth, P.E.Director ofPublicWor~

Attachments ~

CC: Sha\\-1l BalusekShirley Rapp

7M~Rick LoeSSber~Director ofPIanning and Development

112

ORDER NO.

DATE:

2002 912MAY 14 2002

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 ___---:;1:...;4:...;;th'--- day of ________Ma~~y , 2002, on motion made

by Kenneth A. Mayfield, carmi.ssioner of District #4

by Jim Jackson, Cornnissioner of District U

and seconded

following order was adopted:

WHEREAS, the matter set forth below was discussed in briefing on 14 May 2002; and

WHEREAS, Statements of qualifications for surveying services on an indefinite delivery and quantitybasis from thirteen firms have been evaluated and ranked as to "best qualified"; and

WHEREAS, fee negotiations with the top-ranked firm have been comprete~; and

WHEREAS, funds for such surveying work are available in the funding for the projects for which thesurveying services will be performed; and

WHEREAS, it is estimated that $200,000.00, annually, is sufficient to perform these services underthe contract.

----~::;.t:::...-~~-+__"""7'-===-.....--' 2002

Recommended for

~~~P'E'Director of Public Works

__...::1:....;4;.:th:::..:.- day of

survco2002idqcontract.wdl

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the CountyJudge is hereby authorized and directed to execute the attached contract for indefinitequantity of surveying services (one year) between Dallas County and Dal-Tech Engine

113

Dll!!U:mIENGINEERING, INC.

r !

CONSUL TING CIVIL ENGINEERS / SURVEYORSCONSTRUCTION MANAGERS

April 23, 2002

Via US Mail and Fax (214) 653-6416Mr. Doug Keesey, P.E.Dallas County Public Works411 Elm Street, 4th FloorDallas, Texas 75202

Subject:

Dear Doug:

Roy Orr TrailDesoto, TexasDTE Job # 0218

DAL-TECH Engineering, Inc. is pleased to submit the following proposal for the subject project.As per our site visit, DAL-TECH will provide survey and geotechnical services as follows:

1. Field Survey

DTE will survey for the design of the trail from alignment station 1+00 to station 43+64.99, for50-feet wide at 50-foot intervals, and all bends and CL and edge of the creek. Survey will alsoinclude all protected trees according to the City of Desoto standard and all other features alongthe alignment.

All above survey will be tied to the State Plane Coordinate System NAD83, and City of DesotoDatum (Benchmarks).

2. Finalizing Alignment

DTE will process the field survey information and reference the current alignment fileestablished by Dallas County and will revise and make necessary changes to the alignment andprepare graphic and coordinate ASSCII file for the final alignment staking.

3. Staking the Alignment

After approval of the final alignment, DTE will stake out the CL of the alignment in the field.

Dalserv/debra/0218/ProposalsIRoy Orr Trail Proposal. Keesey.4.23.02

17311 DALLAS PKWY I STE 200 I DALLAS, TX 75248 I 972·250·2727 I FAX 972·250·4774222 W. EXCHANGE / FT. WORTH, TX 76101 / 817-626-8777 / FAX 817-626-5777

www.dal-tech.com

114

April 22, 2002

• GEOTECHNICAL EMJINEERING

• ENVIRONMENTAl. CONSUL.TING

• CoNsTRUCTION MATERIALS ENGINEERING AND TESTlN<~

Mr. Mori Akhavan. P.E.Oaf-Tech Engineering. fnc.17311 Dallas Parkway. Suite 200Dallas. Texas 75248

Re: Proposal for Geotechnical InvestigationNew Pedestrian BridgeACrOSS Tenmile CreekDesoto, TexasAGG Proposal P02-0424E

Dear Mr. Akhavan:

Phn:Fax:

(972) 250-2727(972) 250-4774

We are pleased to submit this proposal for geotechnical engineering services for the projectreferenced above.

DESIGN REQUIREMENTS

A new pedestrian bridge is proposed to extend across Tenmile Creek. The pedestrian bridgewill be located along an existing walking trail that is present within the northeast quadrantformed by the intersection of Hampton Road and Pleasant Run Road in Desoto, Texas.

SCOPE OF WORK

The geotechnical investigation performed for the referenced project will consist of field andlaboratory investigations. engineering analysis. and a final report prepared by a RegisteredProfessional Engineer.

• Site Reconnaissance Across Creek Bed

• Utility Clearance Coordination

• One (1) Deep Core Boring at one end of the proposed bridge. Borings will extend 10' intogray unweathered limestone or to a maximum depth of 40 feet. Groundwatermeasurements will be made upon completion of drilling.

• Rock Coring. Compression Tests on Rock Core & TxDOT Cone Penetration Tests

• Geotechnical Laboratory Testing (Atterberg Limits (PI), Moisture Content (M.C.).continuous P.P. strength/swen profile, unconfined compression & swell)

• Geotechnical Report with recommendations for bridge foundations and approach slabs.

FEE: $ 3,500.00

10610 Newkirk Street· Suite 202· Dallas, Texas 75220

TEll: 972-444·8889' Fax: 972-444·8893 • E-Mail: [email protected]

Z00'd dv9lS0 Z0/ZZ/ve

115

wfr Doug Keesey, PE.April 23,2002Page 2

Estimated Fees

3-Man Field SurveyPrincipalR.P.L.S.CoordinatorSurvey TechSecretaryReproductionTravelSub-Total

2. Geotechnical

120 Hours @ $136.00IHour4 Hours @ $165.001Hour8 Hours @ $98.00IHour

16 Hours @ $103.OO/Hour24 Hours @ $60.00IHour

4 Hours @ $52.00IHourLump Sum1,000 Miles @ $0.31/Mile

$16,320.00$ 660.00$ 784.00$ 1,648.00$ 1,440.00$ 208.00$ 120.00$ 310.00$21,490.00

See attachment for geotechnical proposal. DTE fee will be 10% of the geotechnical charges.

Geotechnical10% DTETotal Geotechnical

Total

$ 3,500.00$ 350.00$ 3,850.00

$25,340.00

DTE recommends the budget estimate for the survey and geotechnical of the project "not toexceed $25,340.00." If you have any questions, please do not hesitate to call.

Sincerely,

Mori Akhavan, P.E.MA/ats

Attachment

Dalserv/debra/0218/ProposalsIRoy Orr Trail Proposal.Keesey.4.23.02

.......

.......CJ\

.i

flliI~

'w~

!~~-

~I ,flOO II I

~

BlIJFVIFWOR

itI

l'

.. .1;;\ I I iZI= ' \'t I E PLEASANT RlIN ~" I r:4lL.1 , ..- ~.-r u ~ \----rIl

1~T ST

ROY ORR TRAIL (CITY OF DESOTO)Formerly Tenmile Creek Trail (City of DeSoto)

},EZELL DR·"t.

~"'

ftl'J'>

~I-!:!;,d., W WlmERGREEN I f,I ~1#'l I \ I \ I E WINfEAllREEN RP :" ;i....~. "" • _ I I I I W/>KlR"DR I \ ~~=~'-g __ 416 dl

I \ ~

'¢-

~,

FAYE'STjlq

,

, .__ AO

(J>

'~5

'~_Ir-~16f=!) \1 ~llIVS 1:

fill I Existing Trail .••••••••.~-

II I Proposed Trail~z

200 I DeLorme. Topo USA 3.0Scale: I : 22,400 Zoom Level: 13-2 l>atum: WGS84 Map Rotation: 0 Magnetic Declination: 5.3 E

/-

fi-J~z

117

Dal-Tech EngineeringNew Pedestrian Bridge Across White Rock Lake

AGG Proposal P02·0424EApril22,2002

Page 2

PROJECT TERMS AND SCHEDULE

The Alliance Geotechnical Group is prepared to commence work on this project upon receipt ofAuthorization to Proceed (weather permitting). We estimate that a final report will be completedwithin 2 to 3 weeks after completing the borings. If this proposed schedule is insufficient to meetyour deadlines, please let us know because we are committed to meeting your schedule.

We assume that we will have the right-ot-entry to the property and that the boring location willbe accessible to conventional truck mounted drilling equipment during normal working days.Any existing underground utilities must be identified prior to the start of drilling activities.Location of existing utilities will be coordinated through Dig-Test utility locate service and theCity of Desoto.

CLOSURE

If this proposal meets with your approval, please sign below and return executed proposal asour Notice to Proceed. We looK forward to working with you on this project. After reviewing ourproposal if you have any questions, please contact the undersigned at (972) 444-8889.

Sincerely,

ALLIANCE GEOTECHNICAL GROUP

f1if~ /JA~'h~elD.~~':/Project Manager

ACCEPTED BY:

Name

Title

~~~~--Principal

Date

May 20,2002

118

DALLAS COUNTYOffice of Budget and Evaluati0,-B

J2 r-tn 22

l' '. ,

'c._) _' '-~ -_l,.l;',. )

PH 2: 05

To:

Through:

From:

Subject:

Commissioners Court

Ryan BrO@UdgetOfficer

Shawn Balusek, Budget and Policy Analyst:Jr

Two full-time Co-Operative Student - Public Works Department

BACKGROUND:The Public Works Department is requesting two full-time summer co-operative students to assiststaff in daily operations and special projects for a period not to exceed three months. Thepurpose of this briefing is to provide Commissioners Court a recommendation concerning thePublic Works Department's request for two full-time summer co-operative students.

IMPACT/OPERATIONS:In the coming months, multiple projects will be in design and will require additional engineeringsupport. One co-operative student will be assigned to the design section assisting with projectdesign related responsibilities. The other co-operative student will be assigned to thetransportation and planning section.

One student will be a final year engineering student. This student will work on design projects.The other student will be an entering college freshmen who is pursuing an engineering degree.This student will provide data entry support to meet GASB34 requirements and also assist withGIS projects.

Hiring two co-operative students will help improve the efficiency and workload in the PublicWorks Department. Not only would the positions assist Dallas County, but would allow thestudents to be exposed to career opportunities within the County.

FINANCIAL IMPACT:If approved, the two co-operative students would work full-time up to a period of three months.The selected student's compensation will not exceed $11,500 for a combined total. Thecompensation for the college senior would be $15 per hour and $11 per hour for the collegefreshmen.

Funds are available in line item 00120.2010.01020.2002 (General Fund, Public Works, Salaries,FY2002). Funding is available due to a Construction Inspector (Grade 10) position that has beenvacant for nearly two years. The Public Works Director has held the position vacant as there has

411 Elm Street - 3rd Floor, Dallas, Texas 75202-3340(214) 653-6655 * Fax (214) 653-6517 * [email protected]

119

not been a large enough workload for an additional construction inspector position to be filled.The position will continue to be held vacant for the duration of the three-month period. TheOffice of Budget and Evaluation will work with the Public Works Department to determine theappropriateness of continuing to fund this position in FY03 and beyond.

RECOMMENDATION:After evaluating the current and future workload in the Public Works Department, the Office ofBudget and Evaluation recommends that two full-time co-operative students be hired for a periodof three months effective June 4, 2002.

120

May 28, 2002

MISCELLANEOUS

1) HEALTH AND HUMAN SERVICES DEPARTMENT - requests approval:

a) to advertise the Health and Human Services Department, the Commissioners,and the Adult Probation Office phone numbers in the Bilingual Yellow Pages,as well as the use of $4,500 for payment of such advertisement from theSection 8 Housing Choice Voucher Program budget. There is no fmancialimpact on Dallas County.

b) to accept a donation in the amount of $1,000 from JP Morgan Chase for theOlder Adult Services Program Annual Event held on May 17,2002 at the FairPark Tower Building.

TRAVEL REOUESTS

2) PURCHASING DEPARTMENT - requests approval for Gloria McCullough Webbto attend a Public Purchasing Law Seminar in Austin, Texas on June 2-4, 2002:$534.50 available from General Fund, Purchasing Department, Training FeeAccount, FY Budget 2002, (00120.1080.2460.2002).

3) SHERIFF'S DEPARTMENT - requests approval for:

a) Assistant Chief Jesse Herrera to attend the Texas ATPN2003 Grant ReviewMeeting in Austin, Texas on June 26-28, 2002 and use of a County vehiclewith gas credit cards and no other expense to Dallas County.

b) Sr. Sgt., Steven W. Jones to attend the Texas ATPA Director/StateConference Board Meeting in Corpus Christi, Texas on May 30-June 1,2002at no cost to Dallas County.

c) Investigator Tracy Utsey to attend the Motor Vehicle Theft Specialized Schoolin Austin, Texas on July 15-19, 2002 and use of a County vehicle with gascredit cards and no other expense to Dallas County.

12 1

d) Investigator Tracy Utsey to attend the Advanced Auto Theft School in Austin,Texas on June 17-21, 2002 and use of a County vehicle with gas credit cardsand no other expense to Dallas County.

e) Captain Lee DeVaney and Sr. Sgt., Steven W. Jones to attend the TexasATPAl2003 Grant Review Meeting in Austin, Texas on June 26-28, 2002 anduse of a County vehicle with gas credit cards and no other expense to DallasCounty.

4) HEALTH AND HUMAN SERVICES DEPARTMENT - requests approval for:

a) Thomas J. Davis to conduct an STD Update at the request of the City ofLubbock Health Department in Lubbock, Texas on June 6-7, 2002: $340available from Grant Fund, STD Trg/CDC Dept., Conference TrainingAccount, FY Budget 2002, (00466.08900.02460.2002).

b) Alma Armendarez to attend the Street Outreach Conference in Austin, Texason June 16-19, 2002: $700 available from Grant Fund, VD EpidemiologyDept., Conference Training Account, FY Budget 2002,(00466.8706.02460.2002).

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

c) Thomas J. Davis to attend and participate in the 2002 CHR Inter-Tribal HealthConference at the request of the Community Health Representative andOutreach Program in Albuquerque, NM on June 12-14,2002: $643 availablefrom Grant Fund, STD Trg/CDC Dept., Conference Training Account, FYBudget 2002, (00466.08900.02460.2002).

5) SHERIFF'S DEPARTMENT - requests approval for Assistant ChiefJesse Herrerato attend the Texas ATPA HEAT/STICK-IT Press Release in Austin, Texas on May28, 2002 and use of a County vehicle with gas credit cards and no other expense toDallas County.

122

MISCELLANEOUS EQUIPMENT

(1)

(2)

(3)

DEPARTMENT: 1021ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:


PROPOSED ACTION:


Engineering and Project ManagementI-Flat Filing Cabinet and Base$978Within budget00120.1021.02090.2002 (General Fund, Engineeringand Project Management, Property under $5,000,FY2002)Engineering and Project Management requestsauthorization to purchase one 5-drawer flat filecabinet plus a base to provide additional storage toproperly store engineering plans. In the FY2002budget, $5,200 was appropriated to purchase four 5drawer cabinets plus a base, but the actual price was$1,718 less than the original appropriation.Remaining funds could be utilized for the additionalcabinet and base. Recommendea by the Office ofBudget and Evaluation.

Sheriff's Office - Fiscal Division10-ShelfUnits$1,250Reserves and Contingency, Furniture and Equipment00120.3125.02090.2002 (General Fund, Fiscal,Property Less Than $5,000, FY2002)The Fiscal Division requests authorization to purchase10-shelf units to be used in the new Court ItemsRoom. In the 7Th Regular Legislative Session, twobills, SB3 and SB577 were passed requiring theSheriff's Office to hold Court evidence used duringtrials. As a result, the Fiscal Division was required tobuild two new Evidence Rooms. Recommended byRecords Management.

Juvenile Department - Letot CenterI-Ice Machine$2,300Reserves and Contingency, Furniture and Equipment00120.5116.02090.2002 (General Fund, JuvenileDepartment. Property Less Than $5,000, FY2002)

(4)

(5)

PROPOSED ACTION:

DEPARTMENTS: 4040ITEMS:

ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCES:

PROPOSED ACTION:

DEPARTMENTS: 4020ITEMS:

ESTIMATED COST:FUNDING SOURCE:PROPOSED ACTION:

123

Letot Center is requesting to replace the facility's 12year-old ice machine which has recently failed severaltimes. The machine has been inspected by FacilitiesManagement and due to the unavailability of parts, ithas been determined to be beyond repair.. T hismachine is used daily to provide ice to residentsduring meals. Recommended by the Office ofBudgetand Evaluation.

Public Defender1 - Desk1- Desk Chair1- Side Chair1- Bookcase1- 2 drawer filing cabinet$1,253General Fund, Reserves and Contingency, Furnitureand EquipmentGeneral Fund. Public Defender. Property less than$5,000020.4020.2090.2002)Jeanette Green, Chief Public Defender, requestsauthorization to purchase furniture for a recentlyapproved new attorney position. Recommended bythe Office of Budget and Evaluation and RecordsManagement.

District Clerk1 - Octagon Table3 - Metal desks1- Small computer table3 - Wood desks1- filing cabinet1 - Bookshelf$0SurplusJim Hamlin, District Clerk, requests authorization toremove the above furniture from surplus.Recommended by the Office of Budget andEvaluation.

124

TELECOMMUNICATION REOUESTS

County Clerk M-0205005 requests to install a data-line cable in room A13 to provideaccess to network. Installation: $66.00; no monthly service increase. Recommended.

Health & Human Services - requests:M-0205020 to relocate a single-line to room 200 to support the postage machine which hasbeen moved. Installation: $66.00; no monthly service increase. Recommended.

M-0205021 to relocate extension 2059 from room 363 to room 355 due to personnelchanges in department. Installation: $66.00; no monthly service increase. Recommended.

J.P. Court Precinct 2-2 M-0205007 requests to install a data-line cable to provide accessto network. Installation: $66.00; no monthly service increase. Recommended.

Sheriff Detention Services M-0205008 requests to install three data-line cables in the westtower to provide access to network for three new P.C. 'sin department. Installation: $264.00;no monthly service increase. Recommended.

Sheriff Inmate Services M-0205010 requests to install four new data-line cables in LewSterrett "B" building to provide access to network for four new P.C.'s in department.Installation: $165.00; no monthly service increase. Recommended.

Sheriff M-0205009 requests to install a new coaxial cable to replace an existing damagedone to restore access to mainframe. Installation: $264.00; no monthly service increase.Recommended.

Data Services M-0205006 requests to install a data-line cable on the 3M floor ofthe Recordsbuilding to provide server access. Installation: $41.00; no monthly service increase.Recommended.

Tax Office M-0205001 requests to install four single-lines on the lit floor of the Recordsbuilding to enhance the ability to initiate wires as well as accessing other dial up services.Installation: $144.00; no monthly service increase. Recommended.

CSCD M-0205003 requests to make programing changes to the system to accommodatechanges in the department. Installation: $70.00; no monthly service increase.Recommended.

1,-~

J.P. Court Precinct 3-1 M-0205014 requests to make programing changes to the systemto accommodate automated attendant. Installation: $70.00; no monthly service increase.Recommended.

Juvenile District 9 M-0205004 requests to reprogram existing lines to accommodate newemployee in department. Installation: $70.00; no monthly service increase. Recommended.

District Clerk M-0205022 requests to install a single-line phone in the Criminal recordssection to provide communications. Installation: $36.00; no monthly service increase.Recommended.

Funding for the above request is available from countywide Department 800, line item 432,Telephone Contingency.

BRIEFINGAGENDA May 28, 2002 ... may 28, 2002 reportsirecommendationsirequests 1) ... garland iso vs....

Documents

Transcript of BRIEFINGAGENDA May 28, 2002 ... may 28, 2002 reportsirecommendationsirequests 1) ... garland iso vs....