reportsirecommendationsirequests human … · memo reference: 08-010. consolidated annual...

1

DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

August 18, 2009

REPORTSIRECOMMENDATIONSIREQUESTS

1) HEALTH & HUMAN SERVICES

PAGE NOS.

a) This item was listed in error and pulled by Commissioners Court Administration 3-8

b) Additional Housing Choice Voucher (TX55900120) 9-15

c) Mosquito Control Interlocal Agreements 16-22

d) Food Establishment Inspections Interlocal Agreements 23-29

e) FY2010 Interlocal Health Services Agreement 30-44

2) HUMAN RESOURCES/CIVIL SERVICE

Policy Revisions - Various Family and Medical Leave Policy, Sec. 82-601through 82-607 Leave of Absence Policy, Sec. 82-471 through 82-481 45-76

3) PURCHASING

a) Request for Proposals for Election Help Desk Systemand Support Services 77

. Handout

b) Bid No. 2009-100-4521 - Purchase of Automated DNA Electrophoresis& Quantitation Instrument 78-79

4) BUDGET

a) E-Accident Report System 80-81

b) Hiring Freeze Exceptions 82-84

2

5) ITEMS OF DISCUSSION

a) Information HH H H ..N/AG Jail Population ReportG Budget - Reserve Balance Report - August 12,2009e Dallas County Hospital District d/b/a Parkland Health & Hospital System

Executive Summary of Main Financing Documentse Purchasing - Annual Data Contract Informatione Health & Human Services Updates

b) IT Steering N/A

6) Miscellaneous, Travel Requests, Miscellaneous Equipment, andTelecommunications Requests 85-101

7) PUBLIC COMMENTS

Speakers N/A

FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION

Minister's Letter of Appreciation

DATES TO REMEMBER

Labor Day - Monday, September 7, 2009

This page was intentionally leftblank.

4


5


6


7


8


9CC~"FO'Q7 DALLAS COUNTY~~~ DEPARTMENT OF HEALTH AND HUMAN SERVICES~ ADMINISTRATION

1"£ 01' ~

ZACHARY THOMPSON, iliADirector

TO:

FROM:

DATE:

SUBJECT:

COMMISSIONERS COURT

ZACHARY THOMPSON, DIRECTOR

AUGUST 18, 2009

ADDITIONAL HOUSING CHOICE VOUCHER (TX559V00120)

BACKGROUNDDallas County Health and Human Services (DCHHS) administers the Dallas County Housing Choice VoucherProgram, On January 31, 2008, the U, S, Department of Housing and Urban Development (HUD) advisedthis agency of the temporary allocation of26 voucher units under the increment TX559V00120 to supportfamilies previously assisted by Housing Authority of New Orleans (HANO),

In accordance to HUD correspondence as attached, the referenced units have been reduced from 26 to 25and permanently added to the original 2009 contract for DCHHS,

FINANCIAL IMPACTThe total funding provided forthe Dallas County Housing ChoiceVoucher Program under the increment fordirect services is $170,268 (see Exhibit A), The administrative fee forthe project will be based on the perunit rate of $64,72 (see Col, B of attached HUD Administrative Fee Schedule), which totals $19,416,Administrative funds provided for 2009 are in the amount of $2,992,190 (see Exhibit B),

OPERATIONAL IMPACTThere is no operational impact to Dallas County for these addition vouchers, Administrative fees earnedthrough this grant may be used to purchase special equipment and/or vehicles as needed, to further theobjectives of the program,

LEGALlMPACTThe approval of the Commissioners Court is required on the 25 additional housing units and the budget ofthe additional Housing Choice Voucher project (TX559V00120J,

RECOMMENDATIONIt is recommended that the Commissioners Court does hereby approve the award by the U,S,Departmentof Housing and Urban Development of an additional 25 housing choice voucher units under the HousingAuthority of New Orleans (HANO) project (TX559V00120), and approve the budget as presented,

RECOMMENDED BY:~~/iacl1aThOm;;so:Director

AttachmentsC: Darryl Martin, Court Administrator

Virginia Porter, County AuditorRyan Brown, Budget Officer

2377 Stemmons FreewaySuite600- lB 12

Dallas, Texas 75207-2710 Office (214) 819-2101FAX (214) 819-6022

1 0

DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESFINANCIALADMlNI:STRATION

ZACHARY THOMPSONDIRECTOR

Exhibit A

SECTiON 8 HOUSING ASSISTANCE PROGRAM (VOUCHER TX559V001201HOUSING AUTHORITY OF NEW ORLEANS UNIT TRANSFERSGrantor: U.S. Department of Housing and Urban Development

HANO Units Budget

Funding for 25 Units

A.

B.

Administration(To be appropriated in Grant 08001 PayraH/Operating/Capital Une-ttem/sBased on 64. 72 per una rate)

Rental and Utility Assistance

$ 19,416

$170,268

Computation:$28,378 (TX559V00120) for the term of two (2) months x 6 = $170,268(To he appropriated in Grant 08001 Assistance Line-Item/s Based on $567.56 per unit rate)

CONSOLIDATED CONTRACT AUTHORITY FOR PROJECT $189,684

2377 Stem mons FreewaySuite 200 - LB 16

Dallas, Texas 75207-2710 Office (214) 819-1865FAA (214) 819-1822

1 1

DALLAS COUNTYHEALTH AND HUMAN SERVICESFINANCIAL ADMINISTRATION

EXHIBIT B

HOUSING CHOICE VOUCHER PROGRAMGrantor: U.S. Department of Housing and Urban Development

Increase in On-going Administrative Fee

Column A Fee Factor per HUD Fee Schedule 2009 for first 7,200 unit months $69.33Column B Fee Factor per HUD Fee Schedule 2009 for unit months in excess of 7,200 $64.72

I. Administrative Fee Funding Calendar Vear Beginning ICYBI 2009No. of units under contract eYB 2009 3,785Multiplied by No. of Months 12No. of Unit Months eYB 2009 45,420

7,200 unit months @ $69.3338,220 unit months @ 64.72On-going Administrative Fee 2009

II. Administrative Fee Funding for Additional 61No. of new units under contractMultiplied by No. of MonthsNo. of Unit Months

$ 499,176$2,473,598$2,972,774

Units ITX559V002012512

300

300 unit months @ 64.72On-going Administrative Fee fa, additional units

iii. TOTAL ON-GOING ANNUAL ADMINISTRATIVE FEE

On-going Administrative Fee eYB 2009On-going Administrative Fee for additional units

2377 Stemmons Freeway Dallas, Texas 75207-2710Suile 201

$ 19,416$ 19,416

$2,972,774$ 19,416$2,992,190

Office (214) 819-1800FAX (214) 819-1822

1 2

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTFinancial Management Center

2345 Grand Boulevard, Suite 1150Kansas City, Missouri 64108-2603

HUD Home Page: www.hud.gov

January 31, 2008

TX559DALLAS COUNTY HOUSING ASSISTANCE PROGRAM2377 N. STEMMONS fREEWAYSUITE 200 - LB 16DALLAS, TX 75207-2710

Dear Executive Director:

Subject: Housing Choice Voucher (HCY) Funding for Housing Authority of New Orleans(HANO) Units

This letter is to notify you that funds have been obligated to support families assisted byyour agency that were previously assigned to HANO. The letter your agency received datedDecember 12, 2007 notified you that HUD would directly fund PHA's instead of requiring billingarrangements with HANO.

The amount of funding and number of units assigned are only estimates of youragency's needs at this lime and adjustments may be necessary as additional information isreceived. The units assigned will not become a part of your agency's baseline upon renewal,but will be provided funding and renewed separately from your regular HCV units.

No action is required by your agency to receive this funding. It will be disbursed in thenext few days and you will receive the Intent to Disburse notification letter with a reviseddisbursement schedule.

The specific information concerning the HAP and Admin fee funding provided to youragency is identified in the table below.

HAP Admin FeeFunding Contracted HAP Budget funding Admin Fee

Increment Units Authority Increment Budget Effective TermNumber Number AUlhorlly Dale Mlhs

TX559VOO120 26 $28,378 TX559AF0020 $2,527 1/112008 2

Attached is your Notice to Amend the Consolidated Annual Contributions Contract (CACC) withrevised funding exhibits reflecting the change(s) described above. The amendment notice and revisedfunding exhibits should be filed with your most recent CACC. No execution by HUD or your PHA isrequired.

Public housing agencies receiving an increment in excess of $100,000 in BudgetAuthority (BA) are required to submit form HUD-50071, Certification of Payments to Influence federalTransactions, and, if applicable, Form SF-LLl, Disclosure of Lobbying Activities. If this letter notifies youof a renewal in excess of $100,000, and your PHA has not submitted the form(s) HUD-50071 (and SFLLL where applicable); the documents must be submitted to your Financial Analyst at the FinancialManagement Center (fMC) within 30 days of the date of this letter. These forms are located on theInternet at www.hudclips.org/subscriber/htmllforms.htm.

1 3

Please contact your Financial Analyst at the FMC if you have any questions.

Sincerely,

" GlendaDivision Director

AttachmentsMemo Reference: 08-010

ConsolidatedAnnual Contributions Contract

Housing Choice Voucher Program

1 4

U. S. Department of Housing ana Urban Development

Office of Public and Indian Housing

Seelion 8

HUD NOTICE TO HOUSING AGENCY AMENDING

CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT

Housing Agency: TX559

DALLAS COUNTY HOUSING ASSISTANCE PROGRAM

In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contractbetween HUD and the HA, you are notified that the funding exhibits of the ConsolidatedAnnual Contributions Contract is hereby revised to add a new funding increment asprovided in the attached revised funding exhibit, (This notice adds one or more fundingincrements listed on the attached funding exhibil.)

The revised funding exhibit is attached to this HUD notice. This revised funding exhibitreplaces and revises the prior funding exhibil.

In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract,this HUD notice and the attached funding exhibit constitutes an amendment to theConsolidated Annual Contributions Contracl.

United States of America Secretary of Housing and Urban DevelopmentAuthorized Representative

Donna Keller, Deputy DireelorFinancial Management Center

Dateof Document:

1/31/2008

Form HUD-52520A (12/97)

15

2009 Section 8 HCVP Administrative Fee Rate

"Ai""',, ,.Name !CoIA!'.'"1;1:611l11"": leale·F"":TX449 ROMA HOUSING AUTHORITY 48.92 45.66 19.57TX451 ASHERTON HOUSING AUTHORITY 48.92 45.66 19.57TX452 BEXAR COUNTY HSG AUTHORITY 59.44 55.49 23.79TX454 WILLACY COUNTY HSG AUTHORITY 48.92 45.66 19.57TX455 HOUSING AUTHORITY OF ODESSA 66.79 62.34 26.72TX456 TYLER HOUSING AUTHORITY 59.26 55.31 23.70TX457 MARSHALL HOUSING AUTHORITY 54.86 51.20 21.94TX458 GRAYSON COUNTY HOUSING AUTHORITY 51.97 48.51 20.79TX459 LONGVIEW HSG. s COMM. DEVELOPMENT 58.29 54.40 23.32TX461 WALKER COUNTY HOUSING AUTHORITY 52.04 48.58 20.82TX469 NAVASOTA HOUSING AUTHORITY 61.33 57.25 24.53TX470 HOUSING AUTHORITY OF SAN ANGELO 51.97 48.51 20.79TX472 AMARILLO HOUSING AUTHORITY 51.97 48.51 20.79TX476 HILL COUNTY HOUSING AUTHORITY 48.92 45.66 19.57TX479 CORSICANA HOUSING AUTHORITY 48.92 45.66 19.57TX480 TRAVIS COUNTY HOUSING AUTHORITY 67.62 63.11 27.04TX481 PANHANDLE COMMUNITY SERVICES 51.97 48.61 20.79TX482 CENTRAL TEXAS COUNCIL OF GOVTS 51.97 48.51 20.79TX483 ROSENBERG HOUSING AUTHORITY 61.33 57.25 24.53TX464 BRAZORIA 66.24 61.82 26.49TX485 BIG SPRING HOUSING AGENCY 48.92 45.66 19.57TX486 HOUSING AUTHORITY OF NACOGDOCHES 49.73 46.40 19.89TX488 ANDERSON COUNTY HOUSING AUTHORITY 48.92 45.86 19.57TX489 MC KINNEY HOUSING AUTHORITY 69.33 64.72 27.74TX493 TERRELL HOUSISNG AUTHORITY 69.33 64.72 27.74TX494 SOMERVELL COUNTY HOUSING AUTHORITY 46.92 45.66 19.57TX495 CLEBURNE HOUSING AUTHORITY 64.60 60.30 25.84TX497 HIDALGO COUNTY HOUSING AUTHORITY 52.10 48.62 20.64TX498 WICHITA FALLS HOUSING ASSISTANCE PROGRAM 53.19 49.64 21.28TX499 ARK-TEX COUNCIL OF GOVTS 51.97 48.51 20.79TX500 FORT STOCKTON HOUSING AUTHORITY 48.92 45.66 19.57TX502 BURKBURNETI HOUSING ASSISTANCE PROGRAM 53.19 49.64 21.28TX505 LIBERTY COUNTY HOUSING AUTHORITY 61.33 57.25 24.53TX507 ZAPATA COUNTY HA 48.92 45.66 19.57TX509 CAMERON COUNTY HSG AUTHORITY 52.70 49.19 21.08TX511 JIM HOGG COUNTY HA 48.92 45.66 19.57TX512 DEEP EAST TX COUNCIL OF GOVTS 59.39 55.42 23.75TX514 SOUTH PLAINS REGIONAL HSG AUTH 48.92 45.66 19.57TX516 JACKSONVILLE HOUSING AUTHORITY 48.92 45.66 19.57TX517 COMMERCE HOUSING AUTHORITY 69.33 64.72 27.74TX519 ATHENS HOUSING AUTHORITY 46.92 45.66 19.57TX522 GREENVILLE HOUSING AUTHORITY 69.33 64.72 27.74TX523 ELECTRA HOUSING AUTHORITY 53.19 49.64 21.28TX526 BRAZOS VALLEY DEVELOPMENT COUNCIL 69.46 64.83 27.78TX530 LA MARQUE, CITY OF 61.33 57.25 24.53TX533 BALCH SPRINGS HOUSING AUTHORITY 69.33 64.72 27.74TX534 MIDLAND COUNTY HOUSING AUTHORITY 66.79 62.34 26.72TX535 LAMESA HOUSING AUTHORITY 48.92 45.66 19.57TX537 HALE COUNTY HOUSING AUTHORITY 48.92 45.66 19.57TX540 BRENHAM CITY OF) 48.92 45.66 19.57TX542 TEXOMA COUNCIL OF GOVERNMENTS 51.97 48.51 20.79TX546 HOUSING AUTHORITY OF RALLS 51.97 48.51 20.79TX558 ODEM HOUSING AUTHORITY 60.60 58.56 24.24TX559 DALLAS COUNTY HOUSING ASSISTANCE PROGRAM 69.33 64.72 27.74TX560 MONTGOMERY COUNTY HA 61.33 57.25 24.53TX564 ALAMO AREA COUNCIL OF GOVERNME 48.92 45.66 19.57TX901 TEXAS DEPT HOUSING & COMMUNITY AFFAIRS 69.33 64.72 27.74UT002 HA OF CITY OF OGDEN 57.83 53.98 23.13UT003 HOUSING AUTHORITY OF THE COUNTY OF SALT LAKE 57.83 53.98 23.13

1 6

DALLAS COUNTYHEALTH AND HUMAN SERVICESADMINISTRATION

Zachary Thompson

Director

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

BACKGROUND

COMMISSIONERS COURT

Zachary Thompson, Director

August 18, 2009

MOSQUITO CONTROL iNTERlOCAl AGREEMENTS

The Dallas County Health and Human Services/Environmental Health Division provides mosquito spraying,free of charge, to the unincorporated areas, as well as to many cities contracting with the County for foodservice inspection services. At this time, only the Cities of Cedar Hill, DeSoto, Duncanville, Grand Prairie, andRowlett are not contracting with Dallas County for food inspection services, yet they are provided mosquitospraying at their request.

OPERATiONAL IMPACT

The County Health and Human Services/Environmental Health Division (Vector/Mosquito Control Section)provides mosquito spraying for all of the southem sector of the County. The cities of Cedar Hili, DeSoto,Duncanville, Grand Prairie, and Rowlett are located within this area, thus incorporating no operational impact.

lEGAL IMPACT

The County Judge is required to sign the Interlocal Agreement after approval by the Commissioners Court.The District Attorney's office, Civii Section has reviewed and modified the Interlocal Agreement content, andthe lnterlocal Agreement has been approved as to form.

FINANCIAL IMPACT

In order to provide spraying services and recoup the cost to the County, the following expenses will beincurred on a per-hour basis.

PesticidesMachine DepreciationMiieageSalariesAdministration

TOTAL

STRATEGIC PLAN COMPLIANCE

$ 144.35$ 6.36s 14.65s 13.32s 6.32

$ 185.00 per hour

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2:Dallas County is a healthy community. The agreement is included under the strategy for the provision ofdisease prevention, health promotion and human service programs to County residents.

2377 Stemmons FreewaySuite 600 lB-16


1 7

Commissioners CourtAugust 18, 2009

Page 2

PROJECT SCHEDULE

Services provided to the Cities shall be effective by both parties for the period of October 1, 2009 throughSeptember 30,2010,

RECOMMENDATION

II is respectfully recommended that the Dallas County Commissioners' Court does hereby approve theMosquito Controllnterlocal Agreements with the cities of Cedar Hill, DeSoto, Duncanville, Grand Prairie, andRowlett, and authorizes the County Judge to sign the contracts on behalf of Dallas County,

~Recommended by: -;;""=:-=::"",-'T-::",,'-"==,~-'=',=-='-

attachments

c: Darryl Martin, Court AdministratorVirginia Porter, County AuditorRyan Brown, Budget Officer

2377 Stemmons FreewaySuite 600 LB-16


STATE OF TEXAS

COUNTY Of DALLAS

1. PARTIES

§§§§

1 8

MOSQUITO GROUND CONTROL AGREEMENTBETWEEN DALLAS COUNTY, ON BEHALf OFDALLAS COUNTY HEALTH AND HUMANSERVICES, AND CITYITOWN

This Agreement is made by and between the City/Town of , Texas ("CityITown")and Dallas County ("County"), on behalf of Dallas County Health and Human Services ("DCHHS"),pursuant to the authorities granted by Texas local Government Code Chapter 791, InterlocalCooperation Act, Texas Health and Safety Code Chapter 121, local Regulation of Public Health,and any other applicable laws for mosquito ground control via spraying adult mosquitoes("adulticidlng") and treating standing water ("Iarvaciding") to prevent and control outbreaks ofdiseases associated with mosquitoes.

2. TERM

This Agreement is effective from October 1,2009 through September 30,2010 unless otherwisestated in this Agreernent,

3. ADULTICIDING AND LARVACIDING SPRAYING SERVICES

A. Upon written request from City/Town, County will provide adulticiding and larvaciding byway of ground application at the rate set forth in Paragraph 4;

B. In the event that aerial spraying is needed to control the SI. Louis Encephalitis and/or theWest Nile virus throughout the County, City/Town will have the option to participate in theCounty's emergency aerial mosguito spraying plan. Should CltylTown agree to participatein the plan, CltylTown must provide written notice to County and agree to the following:

1) Indicate the areas and amount of acres to be sprayed; and

2) Pay City/Town's proportioned share of the cost based upon the number of acres tobe sprayed rnultiptied by the per-acre spraying cost,

4. BUDGET AND PAYMENT TO COUNTY

City/Town shall pay County at a rate of One Hundred Eighty-Five and 00/100 Dollars ($185.00) perHour, with a minimum of one (1) Hour of service assessed;

A. After the initial one (1) hour minimum, spraying services will be pro-rated on thirty (30)minute intervals;

B. Assessed time will only be spraying time and not travel time to or from site.

C. City/Town shall pay County the stipulated fees within thirty (30) days ofihe monthly requestfor payment, or If County fails to make the payment request, then City/Town shall pay thestipulated fees no later than the last date of this Agreement Term. Any payment not madewithin thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 ofthe Texas Government Code.

1

1 9

5. TERMINATION

A. Wilhout Cause: This Agreement may be terminated in writing, without cause, by either partyupon thirty (30) days prior wrilten notice to the other party.

B. With Cause: The County reserves the right to terminate the Agreement immediately, inwhole or in part, at its sole discretion, for the following reasons:

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

2) City/Town's improper, misuse or inept use of funds or resources;

3) CitylTown's failure 10 comply with the terms and provisions of this Agreement;and/or

4) CitylTown's submission of data, statements and/or reports that are incorrect,incomplete and/or false in any way.

6. INDEMNIFICATiON

County and City/Town, including their respective employees and elected officials, agree thateach shall be responsible for its own neqliqent acts or omissions or other tortious conductin the course of performance of this Agreement, without waiving any governmentalimmunities available to County or CitylTown under Texas and other applicable laws, andwithout waiving any available defenses under Texas and other applicable laws. Nothing inthis paragraph shall be construed to create or grant any rights, contractual or otherwise, inor to any third persons or entities.

7. INSURANCE

City/Town agrees that it will at all times during the term ofthis Agreement maintain in full force andeffect insurance, or self-insurance, to the extent permitted by applicable law under a plan of selfinsurance, that is also maintained in accordance with sound accounting practices. It is expresslyagreed that CitylTown will be solely responsible for all cost of such insurance; any and alldeductible amounts in any policy; and in the event that the insurance company should denycoverage.

8. NOTICE

Any notice or certification required or permitted to be delivered under this Agreement shall bedeemed to have been given when personally delivered, or if mailed, seventy-two (72) hours afterdeposit of the same in the United States Mail, postage prepaid, certified, or registered, returnreceipt requested, properly addressed to the contact person shown at the respective addresses setforth below, or at such other addresses as shall be specified by wrilten notice delivered inaccordance herewith:

COUNTYZachary Thompson, DirectorDallas County Health & Human Svcs.2377 N. Stemmons Frwy., Suite 600Dallas, Texas 75207-2710

2

CITYITOWN

20

9. ENTIRE AGREEMENT AND AMENDMENT

This Agreement, including any EXhibits and Attachments, constitutes the entire agreement betweenthe parties and supersedes any other agreement concerning the subject matter of this transaction,whether oral or written. No modification, amendment, novation, renewal or other alteration of thisAgreement shall be effective unless mutually agreed upon in writing and executed by the parties.

10. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Agreement may be executed in multiple counterparts, each of which shall be deemed anoriginal, but all of which shall constitute one and the same instrument. Words of any gender used inthis Agreement shall be held and construed to include any other gender any words in the singularshall include the plural and vice versa, unless the context clearly requires otherwise. Headings arefor the convenience of reference only and shall not be considered in any interpretation of thisAgreement.

11. SEVERABILITY

If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, thisconstruction will not affect the legality or validity or any of the remaining provisions. Theunenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisionsshall not be affected or impaired and such remaining provisions shall remain in full force and effect.

12. FISCAL FUNDING CLAUSE

Notwithstanding any provisions contained in this Agreement, the obligations of the County underthis Agreement is expressly contingent upon the availability offunding for each item and obligationfor the term of the Agreement and any pertinent extensions. CitylTown shall not have a right ofaction against County in the event County is unable to fulfill its obligations under this Agreement asa result of lack of sufficient funding for any item or obligation from any source utilized to fund thisAgreement or failure to budget or authorize funding for this Agreement during the current or futurefiscal years. In the event that County is unable to fulfill its obligations under this Agreement as aresult of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, mayprovide funds from a separate source or may terminate this Agreement by written notice toCity/Town at the earliest possible time prior to the end of its fiscal year.

13. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delaysin taking any action. The rights and remedies provided by this Agreement are cumulative, andeither party's use of any right or remedy will not preclude or waive its righlto use any other remedy.These rights and remedies are in addition to any other rights the parties may have by law, statute,ordinance or otherwise. Both parties have a duty to mitigate damages.

14. IMMUNITY

This Agreement is expressly made subject to CitylTown's and County's governmentalimmunity, including, without limitation, Title 5 of the Texas Civil Remedies Code and aliapplicable State and federal laws. The parties expressly agree that no provision of thisAgreement is in any way intended to constitute a waiver of any immunities from suit or from

3

21

liability, or a waiver of any tort limitation, and any defenses that CitylTown or County have byoperation of law, or otherwise. Nothing in this Agreement is intended to benefit any thirdparty beneficiary.

15. COMPLIANCE OF LAWS AND VENUE

In providing services required by this Agreement, City/Town and County must observe and complywith all licenses, legal certifications, or inspections required for the services, facilities, equipment, ormaterials, and ail applicable federal, State, and local statutes, ordinances, rules, and regulations.Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas.

16. RELATIONSHIP OF PARTiES

City/Town is an independent contractor and not agent, servant, joint enterpriser, joint venturer, oremployee of County. City/Town and County agree and acknowledge that each entity shall beresponsible for its own acts, forbearance, negligence and deeds, and for those of its agents oremployees in conjunction with the performance of work covered under this Agreement.

17. SIGNATORY WARRANTY

City/Town and County represent that each has the full right, power and authority to enter andperform this Agreement in accordance with all of the terms and conditions, and that the executionand delivery of Agreement have been made by authorized representatives of the parties to validlyand legally bind the parties to ali terms, performances and provisions set forth in this Agreement.

EXECUTED THIS DAY OF 2009.

COm-.lTY:

BY: Jim FosterCounty Judge

Recommended:

BY: Zachary ThompsonDirector, DCHHS

*Approved as to Form:

0~~t:'BY: Bob Schell

Chief, Civil DivisionAssistant District Attorney

CITY/TOWN:

BY:City/Town Manager/Mayor

BY:

BY:

*By law,the DistrictAttorney's Office may onlyadviseor approvecontractsor legaldocumentson behalfof itsclients. Itmaynotadvise or approve a contractor legaldocumenton behalfof otherparties. Our reviewof thisdocument was conducted solely from the legal perspective of our client. Our approvalof this document was

4

22

offered solely for the benefit of our client. Other parties should not rely on this approval, and should seekreview and approval by their own respective attorney(s).

5

23

DALLAS COUNTYHEALTH AND HUMAN SERVICESADMINISTRATiON

Zachary ThompsonDirector

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

COMMISSIONERS COURT


August 18, 2009

FOOD ESTABLISHMENT INSPECTIONS iNTERLOCAl AGREEMENTS

BACKGROUND

For many years, the Health and Human Services Department/Environmental Health Division has entered intoInterlocal Agreements with the cities of Balch Springs, Cockrell Hill, Glenn Heights, Highland Park, Hutchins,Lancaster, Sachse, Seagoville, Sunnyvale, University Park and Wilmer for the purpose of providing foodestablishment inspections and other environmental health services. Each facility/establishment will receivea minimum of two (2) inspections per year, except for the City of Lancaster which has requested a minimumof three (3) inspections per year, with follow-up inspections being conducted as deemed necessary to protectthe public's health based on the respective City's ordinance and state law.

OPERATIONAL IMPACT

According to the Interlocal Agreement with each City, the County will perform a minimum of (2) twoinspections per year of each food establishment, except for the City of Lancaster, which will receive (3) threeinspections per year, for which the City has submitted an inspection request. Also, at the City's request theCounty will perform additional inspections of food establishments for an additional fee(s), includingestablishments that are closed for non-compliance of the Health and Safety laws.

Follow-up inspections will be performed as necessary by the County to ensure that the food establishmentsare within compliance of the respective City's ordinance and state law.

LEGAL IMPACT

The County Judge is required to sign the Interlocal Agreement after approval by the Commissioners Court.The District Attorney's office, Civil Section has reviewed and modified the Interiocal Agreement content, andthe lnterlocal Agreement has been approved as to form.

FINANCIAL IMPACT

Each City will collect and submit to the County the sum of $150.00 per year from each food establishmentbased on a minimum of two (2) inspections. However, the City of Lancaster will submit to the County the sumof $225 per year for each food establishment based on a minimum of three (3) inspections. For each additionalinspection(s) requested by the City, the County will charge a fee of $75.00. Also, each food establishmenllhatis CLOSED due to health violations will be charged a re-inspectlon fee of $75.00 prior to the establishmentbeing allowed to re-open. The fee(s) will be collected by the City and paid to the County.


Dallas, Texas 75207-2710 Office (214)819-1870fAX {214) 819-6012

24


Page 2

STRATEGiC PLAN COMPLIANCE

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2:Dallas County Is a healthy community. The agreement is included under the strategy for the provision ofdisease prevention, health promotion and human service programs to County residents.

PROJECT SCHEDULE

Services provided to the cities shall be effective by both parties for the period of October 1, 2009 throughSeptember 30,2010.

RECOMMENDATION

It Is respectfully recommended that the Dallas County Commissioners Court does hereby approve the FoodEstablishment Inspections Interlocal Agreement with the cities of Balch Springs, Cockrell Hili, Glenn Heights,Highland Park, Hutchins, Lancaster, Sachse, Seagoville, Sunnyvale, University Park and Wilmer, andauthorizes the County Judge to sign the Agreements on behalf of Dallas County.

Recommended by:

attachments




STATE OF TEXAS

COUNTY OF DALLAS

1. PARTIES

s§§§§§

25

INTERLOCAL AGREEMENT FOR FOODESTABliSHMENT INSPECTION ANDENVIRONMENTAL HEALTH SERVICESBETWEEN DALLAS COUNTY, ON BEHALFOF DALLAS COUNTY HEALTH AND HUMANSERVICES, AND CITY/TOWN

This lnterlocal Agreement ("Agreement") is made by and between the City/Town of-r-r__:;:-_---;---:--:-;---,;-;::-;;_' Texas ("CitylTown"), a governmental entity, and Dallas County("County"), on behalf of Dallas County Health and Human Services ("DCHHS"), also agovernmental entity, pursuant to the authorities granted by Texas local Government Code Chapter791, lnterlocal Cooperation Act, Texas Health and Safety Code Chapters 437, Food and DrugHealth Regulations, and 121, local Regulation of Public Health, along with 25 Texas AdministrativeCode, Chapter 229, and any other applicable laws, as well as the City/Town ordinance forinspection services of food establishments within City/Town's jurisdiction and other environmentalhealth services to City/Town.

2. TERM

This Agreement is effective from October 1,2009 through September 30,2010, unless otherwisestated in this Agreement.

3. INSPECTION SERVICES AND REQUIREMENTS

A. County will perform a minimum of two (2) inspections per Agreement Term of eachfood establishment for which the City/Town has submitted an inspection request andfor which a fee has been collected from the said food establishment;

B. Additional follow-up inspections will be performed as deemed necessary by County;

C. Any additional request for follow-up inspections by City/Town of foodestablishments, including food establishments that are closed due to noncompliance with the State and other applicable rules and regulations will be chargedadditional fees;

D. Each food establishment inspection will be made by a Registered ProfessionalSanitarian employed by DCHHS, in compliance with all state laws and regulations;

E. An examination of the following will be made during each inspection: food and foodprotection; personnel; food equipment and utensils; water source; sewage;plumbing; toilet and hand-washing facilities; garbage and refuse disposal; insect,rodent, and animal control; floors, walls, and ceiling; light; ventilation; and otheroperations.

4. BUDGET AND PAYMENT TO COUNTY

A. City/Town will collect and submit to the County a minimum of One Hundred Fifty and00/100 Dollars ($150.00) per Agreement Term.

26

B. Beginning with the third food establishment inspection, City/Town will pay a SeventyFive and 00/100 Dollars ($75.00) fee for each additional Inspection requested byCity/Town.

C. City/Town will collect Seventy Five and 00/100 Dollars ($75.00) to be paid to theCounty for a re-opening or Inspection fee of a food establishment that has beendosed due to non-compliance of Chapter 437 of the Texas Health and Safety Code,or any other state rules and regulations.

D. The fees are subject to change, upon prior written notice to City/Town, If additionalcost is associated with the services under this Agreement

E. City/Town shall pay County the stipulated fees within thirty (30) days of the monthlyrequest for payment, or if County falls to make the payment request, then CItylTownshall pay the stipulated fees no later than the last date of thls AgreementTerm. Anypayment not made within thirty (30) days of Its due date shall bear Interest inaccordance with Chapter 2251 of the Texas Government Code.

5. OTHER ENVIRONMENTAL HEALTH SERVICES

A. Upon written request from City/Town, County will respond to Vector and/or MosquitoControl complaints. Ground application services will Include spraying for adultmosquitoes ("adulticiding"), and treating standing water ("Iarvaciding") services.

B. In the event aerial spraying is needed to control St. Louis Encephalitis or West Nilevirus throughout the County, City/Town will have the option to participate In theCounty's emergency aerial mosquito spraying plan. Should CitylTown agree toparticipate in the plan, City/Town must provide written notice to County and agree tothe following:

1) Indicate the areas and amount of acres to be sprayed; and

2) Pay City/Town's proportioned share of the cost based upon the number ofacres to be sprayed multiplied by the per-acre spraying cost.

6. RECORDS

CitylTown shall have the sole responsibility of responding to requests for records of food inspectionresults produced under this Agreement. County will make its best effort to forward any requests forsuch records that it received to City/Town within three business days after County's receipt of suchrequests.

7. TERMINATION

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

B. With Cause: The County reserves the right to terminate the Agreement immediately,in whole or in part, at its sole discretion, for the following reasons:

2

27


2) Non-performance;

3) City's improper, misuse or inept use of funds or resources; and/or

4) City's submission of data, statements and/or reports that are incorrect,incomplete and/or false in any way.

8. CITYITOWN ORDINANCE

In order for this Agreement to be valid, the CitylTown must have or adopt a City/Town ordinancethat provides for the inspection of food establishments by a Registered Professional Sanitarian.City/Town must require the payment of a fee(s) by each food establishment. Ordinanceenforcement shall be the responsibility of the CitylTown.

9. INDEMNIFICATION

County and City/Town, including their respective employees and elected officials, agree that eachshall be responsible for its own negligent acts or omissions or other tortious conduct in the courseof performance of this Agreement, without waiving any governmental immunity available to Countyor City/Town under Texas and other applicable laws, and without waiving any available defensesunder Texas and other applicable laws. Nothing in this paragraph shall be construed to create orgrant any rights, contractual or otherwise, in or to any third persons or entities.

10. INSURANCE

CilylTown agrees that it will at all times during the term of this Agreement maintain in full force andeffect insurance, or self-insurance, to the extent permitted by applicable law under a plan of selfinsurance, that is also maintained in accordance with sound accounting practices. It is expresslyagreed that CitylTown will be solely responsible for all cost of such insurance; any and alldeductible amounts in any policy; and in the event that the insurance company should denycoverage.

11. NOTICE

Any notice or certification required or permitted to be delivered under this Agreement shall bedeemed to have been given when personally delivered, or if mailed, seventy-two (72) hours afterdeposit of the same in the United States Mail, postage prepaid, certified, or registered, returnreceipt requested, properly addressed to the contact person shown at the respective addresses setforth below, or at such other addresses as shall be specified by written notice delivered inaccordance herewith:

COUNTYZachary Thompson, DirectorDallas County Health & Human Svcs.2377 N. Stemmons Frwy., Suite 600Dallas, Texas 75207-2710

12. ENTIRE AGREEMENT AND AMENDMENT

3

CITYITOWN

28

This Agreement, including any Exhibits and Attachments, constitutes the entire agreement betweenthe parties and supersedes any other agreements concerning the subject matter of this transaction,whether oral or written. No modification, amendment, novation, renewal or other alteration of thisAgreement shall be effective unless mutually agreed upon in writing and executed by the parties.

13, COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Agreement may be executed in multiple counterparts, each of which shall be deemed anoriginal, but all of which shall constitute one and the same instrument. Words of any gender used inthis Agreement shall be held and construed to include any other gender. Any words in the singularshall include the plural and vice versa, unless the context clearly requires otherwise. Headings arefor the convenience of reference only and shall not be considered in any interpretation of thisAgreement.

14. SEVERABILITY

If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, thisconstruction will not affect the legality or validity or any of the remaining provisions. Theunenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisionsshall not be affected or impaired, and such remaining provisions shall remain in full force and effect.


Notwithstanding any provisions contained in this Agreement, the obligations of the County underthis Agreement are expressly contingent upon the availability of funding for each item and obligationfor the term of the Agreement and any pertinent extensions. CitylTown shall not have a right ofaction against County in the event County is unable to fulfill its obligations under this Agreement asa result of lack of sufficient funding for any item or obligation from any source utilized to fund thisAgreement or failure to budget or authorize funding for this Agreement during the current or futurefiscal years. In the event that County is unabie to fulfill its obligations under this Agreement as aresult of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, mayprovide funds from a separate source or may terminate this Agreement by written notice toCitylTown at the earliest possible time prior to the end of its fiseel year.

16, DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delaysin taking any action. The rights and remedies provided by this Agreement are cumulative, andeither party's use of any right or remedy will not preclude or waive its right to use any other remedy.These rights and remedies are in addition to any other rights the parties may have by law, statute,ordinance or otherwise. Both parties have a duty to mitigate damages.

17. IMMUNITY

This Agreement is expressly made subject to City/Town's and County's Governmental Immunity,including, without limitation, Tille 5 of the Texas Civil Remedies Code and all applicable State andfederal laws. The parties expressly agree that no provision of this Agreement is in any wayintended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tortlimitation, that CitylTown or County has by operation of law, or otherwise. Nothing in thisAgreement is intended to benefit any third party beneficiary.

4

29

18. COMPLIANCE OF LAWS AND VENUE

In providing services required by this Agreement, City/Town and County must observe and complywith all licenses, legal certifications, or inspections required for the services, facilities, equipment, ormaterials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.Texas law shall govern this Agreement and venue shall lie exclusively in Dallas County, Texas.

19. RELATIONSHIP OF PARTIES

City/Town is an independent contractor and not an agent, servant, joint enterpriser, joint venturer oremployee of County. City/Town and County agree and acknowledge that each entity shall beresponsible for its own acts, forbearance, negligence and deeds, and for those of its agents oremployees in conjunction with the performance of work covered under this Agreement.


City/Town and County represent that each has the full right, power and authority to enter andperform this Agreement in accordance with all of the terms and conditions, and that the executionand delivery of Agreement have been made by authorized representatives of the parties to validlyand legally bind the respective parties to all terms, performances and provisions set forth in thisAgreement.

EXECUTED THIS DAY OF 2009.

COUNTY:

BY: Jim FosterCounty Judge

Recommended:

BY: Zachary ThompsonDirector, DCHHS

*Approved as to Form:

eJ~.6(

CITY/TOWN:

BY:CitylTown Manager/Mayor

BY:

BY:

'By law,the District Attorney's Officemayonlyadviseor approvecontractsor legaldocuments on behalfof itsclients. Itmaynotadviseor approvea contract or legaldocumenton behalfof otherparties. Our reviewof thisdocument was conducted solelyfrom the legalperspectiveof our client. Our approval of this documentwasoffered solely for the benefit of our client. Other parties should not rely on this approval, and should seekreview and approval by their own respective atlomey(s).

5

30

DALLAS COUNTYHEALTH AND HUMAN SERVICESADMINISTRATION

ZACHARY S. THOMPSONDIRECTOR

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

COMMISSIONERS COURT


August 18, 2009

FY2010 INTERLOCAL HEALTH SERVICES AGREEMENT

BACKGROUND

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

OPERATIONAL IMPACT

Cities that execute the attached inter-local agreement and agree to pay their pro-rata share of communicabledisease costs are afforded certain "within-city limits immunizations" and other well child services, while thosecities that do not pay their share of communicable diseases costs are provided immunization services at themain Dallas County Health and Human Services facility. The County is mandated to provide barrier-freeimmunization services to Dallas residents; however, that does not require that the services be provided withineach city's limits. The current arrangement is legally acceptable. In FY'09 of the 25 cities within the County, onlyseven (7) cities did not recognize an obligation to pay a pro-rated share of communicable disease services.These cities include DeSoto, Duncanville, Garland, Mesquite, Richardson, Seagoville, and Wilmer. The Cityof Dallas' contribution to the Program was negotiated in 1987 and currently remains intact.

FISCAL IMPACT

The County's anticipated revenue, represented by the cities that historically have participated in the InterlocalHealth Services Agreement, amounts to one hundred ninety-five thousand, eight hundred ninety-two dollars($195,892.00). The cost of implementing the FY'10 Program is two million, two hundred thousand, sevenhundred thirty-six dollars ($2,200,736.00). Of that total, two million, four thousand, eight hundred fourty-fourdollars ($2,004,844.00) represents the County's contribution to public health communicable disease servicesin Dallas County. The City of Dallas' share of that cost, one million, seven hundred fifty-four thousand, twohundred fifty-two dollars ($1,754,252.00), is offset by savings negotiated with the City of Dallas in the March 30,1987 Agreement. All cities will pay in 12 consecutive payments, with the exception ofthe Town of Addison, whowill pay in one lump sum.

2377 N. Stemmons FreewaySuite 644 LB-16

Dallas, Texas 75207-2710 Office 1214} 819-2100FAX 1214} 819-2107

31


Page 2

To further offset program costs, the Health & Human Services Department recommends the proposed new fees:

T6 Testing-Level I $30 EachComprehensive TB Testlnq 8. Eval $80 EachMTD Testinq for TB $40 EachHepatitis A Havrix $5011njeclionHepatitis 6 Vaccine $165lSeriesTwlnrix $651lnjeclionHDCV (1M) Rabies $555lSeriesPneumococcal $501lnjectionAdacel (Pertuais] $551lnjectionJapanese Enchephalilis $345lSeriesMeningococcal Vaccine $1201lnjeclionFood Manager Ra-certiftcation wlmulliple Test Sites

Yellow Fever VaccineHIBMMRTOIPVMenaclraZoslavax (Shingles)Gardasll (HPV)Typhoid (Oral)Typhoid (Polysaccharide)Varivax

$901lnjection$45l1njection$701lnjection$401lnjeclion$451lnjeclioll$115I1njeclioll$1651lnjection$145l1njeclion$501Box$100llnjeclion$1001lnjectloll$501Tesl

The fees shown on Exhibit A represent the FY 2010 Fee Schedule.

lEGAL IMPACT

The County Judge is required to sign the Interlocal Health Services Agreement after approval by theCommissioners Court. The District Attorney's Office, Civil Section has reviewed and modified the contractcontent, and the contracts have been approved as to form.

PROJECT SCHEDULE

The FY 2010 Interlocal Health Services Agreement must be prepared in order to be delivered to the cities in timefor their budgeting process. All signed contracts will be effective October 1, 2009 through September 30,2010.

STRATEGIC PLAN COMPLIANCE

Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: DallasCounty is a healthy community. The lnterlocal Health Services agreements with DSHS is included under thestrategy for the provision of disease prevention, health promotion and human service programs to CountyResidents.

RECOMMENDATION

It is the recommendation of the Dallas County Health and Human Services Department that the CommissionersCourt approve the following: (1) re-issuing of the Interlocal Health Services Agreements for the folloWing cities:Addison, Balch Springs, Carrollton, Cedar Hill, Cockrell Hill, Coppell, Farmers Branch, Glenn Heights, GrandPrairie, Highland Park, Hutchins, Irving, Lancaster, Rowlett, Sachse, Sunnyvale, and University Park; (2)authorizes the fee schedule as attached; and (3) authorizes the County JUdge to sign the Interlocal HealthServices Agreement on behalf of Dallas County.

Recommended by: ~~ ~-te'S:-?ZaCharyhompson,lrector

attachments


2377 N. Stemmons FreewaySuite 644 LB-16

Dallas, Texas 75207-2710 Office 1214) 819-2100FAX 12141 819-2107

THE STATE OF TEXAS

COUNTY OF DALLAS

1. PARTIES

§§§§§

32

AGREEMENT BETWEEN DALLASCOUNTY, ON BEHALF OF DALLASCOUNTY HEALTH AND HUMANSERVICES, AND THE CITY/TOWN OF________---', TEXAS

Whereas, Dallas County ("County") has offered to provide certain health services to the variouscities throughout Dallas County on a contract for services basis; and

Whereas, the City/Town of , Texas ("City/Town") desires toparticipate with County in establishing coordinated health services for City/Town and DallasCounty; and

Whereas, County will operate certain health services for the residents of City/Town in order topromote the effectiveness oflocal public health programs; and

Whereas, the cooperative effort will allow cities located within Dallas County to participate inproviding public health services for their residents; and

Whereas, such cooperative effort serves and further the public purpose and benefit the citizens ofCounty as a whole.

Now therefore, County, on behalf'of'Dallas County Health and Human Services ("DCHHS"), entersinto this Agreement ("Agreement") with City/Town, pursuant to the authorities ofthe Texas Healthand Safety Code Chapter 121, the Texas Government Code Chapter 791, and other applicable lawsfor health services to City/Town.

2. HEALTH SERVICES TO BE PERFORMED

A. County agrees to operate the Dallas County Health Services Program ("Program"), whichwill include the following health services:

1) Tuberculosis Control Services: providing preventive, diagnostic treatment, andepidemiological services;

2) Sexually Transmitted Disease Control Services: consisting ofeducation to motivatepeople to use preventive measures and to seek early treatment, prophylaxis,epidemiological investigation, and counseling in accordance with County policy;

3) Communicable Disease Control Services: providing information concerningimmunization and communicable diseases and coordinating with the TexasDepartment of State Health Services ("DSHS") in monitoring communicablediseases;

1

33

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

B. County agrees to provide to City/Town, in accordance with state and federal law, thefollowing public health services:

1) Immunizations;

2) Child health care;

3) High risk infant case management; and

4) Home visits.

County also agrees to work with City/Town in order to decentralize clinics and to plan andprovide for desired services by City/Town; however, any other services that City/Town requires, in addition to the above mentioned services, may result in additional fees toCitylTown.

C. County agrees to charge a sliding fee based on ability to pay to all residents of everymunicipality, including City/Town, in Dallas County. The fees charged by County for theservices listed in Section 2A of this Agreement will be used to offset the City/Town'sProgram costs for the next Agreement Tenn. A schedule offees to be charged by County isset out in "Exhibit A" attached hereto and incorporated herein for all purposes.

D. County agrees that the level of service provided in the Program for City/Town will not bediminished below the level of service provided to City/Town for the same services in theprior Agreement Term except as indicated in Section 2E ofthis Agreement. For purposes ofSection 2E, level of service is measured by the number of patient visits and number ofspecimens examined. County will submit to City/Town a monthly statement, which will alsoinclude the number ofpatient visits and number ofspecimens examined during the precedingmonth.

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. County will notifyCity/Town in writing of any amount of reduction, and any extent to which services will becurtailed as a result. The notice will also include an amount that City/Town may elect to payto maintain the original level of services. City/Town will notify County in writing no laterthan fourteen (14) calendar days after the date of City/Town's receipt of the notice offunding reduction as to City/Town's decision to pay the requested amount or to accept thecurtailment of service. If City/Town elects to pay the requested amount, payment is due nolater than forty-five (45) calendar days after the date of the notice of funding reduction.

2

34

3. BUDGET

A. County agrees to submit to City/Town by July 31st of each year a proposed budgetdescribing the proposed level of services for the next Agreement Term;

For the Term of this Agreement County agrees to provide the services listed Section 2 ofthis Agreement at the level of services and for the amount stated in Exhibit D, which isattached hereto and incorporated herein for all purposes;

C City/Town shall pay to County for the Term ofthis Agreement the amount stated in ExhibitD, and /100 Dollars($ ), which is the agreed upon amount ofCity/Town's share ofthe totalcost of the Program less federal and state funding.

D. In lieu of paying the actual dollar amount stated in this Agreement, CitylTown has theoption, to the extent authorized by law, ordinances or policy, of making a request tonegotiate for in-kind services that are equal in value to the total amount.

E. This Agreement is contingent upon City/Town's appropriation offunds, or ability to performin-kind services as described in Section 3D of this Agreement, for the services set forthherein. In the event City/Town fails to appropriate such funds, or provide in-kind services,County shall not incur any obligations under this Agreement.

4. ASSURANCES

A. County shall operate and supervise the Program.

B. Nothing in this Agreement shall be construed to restrict the authority of City/Town over itshealth programs or environmental health programs or to limit the operations or services ofthose programs.

C City/Town agrees to provide to County or assist County in procuring adequate facilities to beused for the services under this Agreement. These facilities must have adequate space,waiting areas, heating, air conditioning, lighting, and telephones. None of the costs andmaintenance expenses associated with these facilities shall be the responsibility of Countyand County shall not be liable to City/Town or any third party for the condition of thefacilities, including any premise defects.

D. City/Town and County agree that other cities/towns/municipalities may join the Program byentering into an agreement with County that contains the same basic terms and conditions asthis Agreement.

E. Each party paying for the performance of governmental functions or services under thisAgreement must make those payments from current revenues available to the paying party.

5. FINANCING OF SERVICES

3

35

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

1) City/Town and County will make available to the Program all appropriate federaland state funds, personnel, and equipment to provide the health services includedunder this Agreement and will use best efforts to cause these funds and resources tocontinue to increase.

2) City/Town shall pay to County, or provide in-kind services, its share of budgetedcosts that are in excess of the federal and state funding for providing the healthservices under this Agreement. Budgeted costs shall not exceed those reflected inExhibit D for the appropriate Agreement Term.

B. County shall bill City/Town each month an amount equal to one-twelfth (1112) ofits share ofannual budgeted costs that exceed federal and state funding for the expenses ofthe precedingmonth.

C. Any payment not made within thirty (30) calendar days of its due date shall bear interest inaccordance with Chapter 2251 of the Texas Government Code.

D. City/Town and County agree that no more than ten percent (10%) ofthe City/Town's cost ofparticipating in the Program will be used for administration of the Program.

6. TERM

This Agreement shall be effective from October 1, 2009 through September 30, 2010 ("Term"),unless otherwise stated in this Agreement.

7. TERMINATION

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

B. With Cause: Either party may terminate the Agreement immediately, in whole or in part, atits sole discretion, by written notice to the other party, for the following reasons:


2) Non-performance;

3) The improper, misuse or inept use of funds or resources directly related to thisAgreement;

4) The submission ofdata, statements and/orreports that is incorrect, incomplete and/orfalse in any way.

4

36

8. RESPONSIBILITY

County ami City/Town agree that each shall be responsible for its own negligent acts oromissions or other tortious conduct In the course of performance of this Agreement, withoutwaiving any governmental Immunity available to County 01' City/Town or their respectiveofficials, officers, employees, or agents under Texas or other law and without waiving lillyavailable defenses under Texas or other law. Nothing in this paragraph shall be construed tocreate or grant lilly rights, contractual or otherwise, ill or to any third persons or entities.

9. INSURANCE

City/Town and County agree that they will, at all times during the Term ofthis Agreement, maintainin full force and effect insurance or self-insurance to the extent permitted by applicable laws.City/Town and County will be responsible for their respective costs of such insurance, any and alldeductible amounts in any policy and any denials of coverage made by their respective insurers.

Ill. ACCESS TO RECORDS RELEVANT TO PROGRAM

City/Town and County agree to provide to the other upon request, copies of the books and recordsrelating to the Program. City/Town and County further agree to give City/Town and County healthofficials access to all Program activities. Both City/Town and County agree to adhere to allapplicable confidentiality provisions, including those relating to Human Immunodeficiency Virus(HlV) and Sexually Transmitted Disease (STD) information, as mandated by federal and State law,as well as by DSHS.

H.NOnCE

Any notice to be given under this Agreement shall be deemed to have been given if reduced towriting and delivered in person by a reputable courier service or mailed by Registered Mail, postagepre-paid, to the party who is to receive such notice, demand or request at the addresses set forthbelow. Such notice, demand or request shall be deemed to have been given, ifby courier, at the timeof delivery, or if by mail, three (3) business days subsequent to the deposit of the notice in theUnited States mail in accordance herewith. The names and addresses ofthe parties' hereto to whomnotice is to be sent are as follows:

Zachary Thompson, DirectorDallas County Health & Human Services2377 N. Stemmons Freeway, LB 12Dallas, TX 75207-2710

iz, IMMUNITY

This Agreement Is expressly made subject to County's and City/Town's GovernmentalImmunity, including, without limitation, Title 5 of the Texas Civil Practices and RemediesCode, and all applicable federal and state laws. The parties expressly agree that no provisionof this Agreement is in any way Intended to constitute a waiver of any Immunities from snit or

5

37

from liability, or a waiver of any tort limitation, that City/Town or County has by operation oflaw or otherwise. Nothing in this Agreement Is intended to benefit any third party beneficiary.

13. COMPLIANCE WITH LAWS AND VENUE

In providing services required by this Agreement, City/Town and County must observe and complywith all licenses, legal certifications, or inspections required for the services, facilities, equipment, ormaterials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas.

14. AMENDMENTS AND CHANGES IN THE LAW

No modification, amendment, novation, renewal or other alteration of this Agreement shall beeffective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration,addition or deletion to the tenus ofthis Agreement which are required by changes in federal or Statelaw are automatically incorporated herein without written amendment to this Agreement and shall beeffective on the date designated by said law.

15. ENTIRE AGREEMENT

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

16. BINDING EFFECT

This Agreement and the respective rights and obligations of the parties hereto shall inure to thebenefit and be binding upon the successors and assigns of the parties hereto, as well as the partiesthemselves.

17. GOVERNMENT FUNDED PROJECT

If this Agreement is funded in part by either the State of Texas or the federal government, Countyand City/Town agree to timely comply without additional cost or expense to the other party, unlessotherwise specified herein, to any statute, rule, regulation, grant, contract provision or other State orfederal law, rule, regulation, or other similar restriction that imposes additional or greaterrequirements than stated herein and that is directly applicable to the services rendered under thetenus of this Agreement.

18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

In the event ofa default by either party, it is not a waiver of default if the non-defaulting party failsto immediately declare a default or delays in taking any action. The rights and remedies provided bythis Agreement are cumulative, and either party's use of any right or remedy will not preclude orwaive its right to use any other remedy. These rights and remedies are in addition to any other rightsthe parties may have by law, statute, ordinance or otherwise. Both parties have a duty to mitigate

6

38

damages.


Notwithstanding any provisions contained herein, the obligations of County and City/Town underthis Agreement are expressly contingent upon the availability of funding for each item andobligation contained herein for the Term of the Agreement and any extensions thereto. City/Townand County shall have no right ofaction against the other party in the event the other party is unableto fulfill its ohligations under this Agreement as a result ofJack ofsufficient funding for any item orobligation from any source utilized to fund this Agreement or failure to budget or authorize fundingfor this Agreement during the current or future Agreement Terms. In the event that County orCity/Town is unable to fulfill its obligations under this Agreement as a result of lack of sufficientfunding, or if funds become unavailable, each party, at its sole discretion, may provide funds from aseparate source or may terminate this Agreement by written notice to the other party at the earliestpossible time.

20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Agreement may be executed in multiple counterparts, each of which shall be deemed anoriginal, but all ofwhich shall constitute one and the same instrument. Words ofany gender used inthis Agreement shall be held and construed to include any other gender. Any words in the singularshall include the plural and vice versa, unless the context clearly requires otherwise. Headingsherein are for the convenience of reference only and shall not be considered in any interpretation ofthis Agreement.

21. PREVENTION OF FRAUD AND ABUSE

City/Town and County shall establish, maintain and utilize internal management proceduressufficient to provide for the proper, effective management of all activities funded under thisAgreement. Any known or suspected incident of fraud or program abuse involving County orCity/Town's employees or agents shall be reported immediately for appropriate action. Moreover,City/Town and County warrant to be not listed on a local, county, State or federal consolidated listof debarred, suspended and ineligible contractors and grantees. City/Town and County agree thatevery person who, as part oftheir employment, receives, disburses, handles or has access to fundscollected pursuant to this Agreement does not participate in accounting or operating functions thatwould permit them to conceal accounting records and the misuse of said funds. Each party shall,upon notice by the other party, refund their respective expenditures that are contrary to thisAgreement.

22. AGENCY / INDEPENDENT CONTRACTOR

County and City/Town agree that the terms and conditions of this Agreement do not constitute thecreation of a separate legal entity or the creation of legal responsibilities of either party other thanunder the terms of this Agreement. County and City/Town are and shall be acting as independentcontractors under this Agreement; accordingly, nothing contained in this Agreement shall beconstrued as establishing a master/servant, employer/employee, partnership, joint venture, or joint

7

39

enterprise relationship between County and City/Town. City/Town and County are responsible fortheir own acts, forbearance, negligence and deeds, and for those of their respective officials, agentsor employees in conjunction with the performance of work covered under this Agreement.

23. SEVERABILITY

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


Each person signing and executing this Agreement does hereby warrant and represent that suchperson has been duly authorized to execute this Agreement on behalf of City/Town or County, asthe case may be.

The City/Town of has executed this Agreement pursuant to duly

authorized City/Town Council Resolution No. "dated

_______________, 20__. The County of Dallas has executed this

Agreement pursuant to Commissioners Court Order No. _

dated 20

[SIGNATURE PAGE SHALL FOLLOW]

8

40

Executed this day of 20__,

COUNTY: CITY/TOWN:

By: Jim FosterDallas County Judge

By:City/Town Manager/Mayor

Recommended: Attested:

By: Zachary ThompsonDirector, DCHHS

By:City/Town Secretary

Approved as to Form": Approved as to Form:

By: Bob SchellChief, Civil DivisionAssistant District Attorney

By:City/Town Attorney

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalfofits clients. It may not advise or approve a contract or legal document on behalfofother parties. Our review ofthis document was conducted solely from the legal perspective ofour client. Our approval ofthis documentwas offered solely for the benefit ofour client. Other parties should not rely on this approval, and should seekreview and approval by their own respective attorney(s).

9

SEXUALLY TRANSMITTED

41FY'2010 FEE SCHEDULE (Proposed)

CRIMINAL TESTINGEXHIBIT A

TreatmentBlood DrawingCryotherapyChemical Lesion ReductionMedical Records Copies

TUBERCULOSIS

$20 - $45 (Sliding Scale)$5$15$45$5 each

Blood DrawsBuccal Swabs

$38$38

T6 Testinq-Level l (Office Visill $30TB Testing-Level II (QuantiFeron) $50Chest X-Ray Copies $5

LABORATORY

Comprehensive TB Testing 1&Evaluation (Incl. Chest X-ray)

$80

Wet Prep $6 each MTD Testing lor T6 $401eachGram Stain $6 each Pregnancy Test $20 eachGC Culture $14 each Urinalysis $15 eachRPR $11 each Dark Field $16 eachGE N Probe GC Screen $47 each Chancroid Culture $10 eachGEN Probe CT Screen $47 each Herpes Culture $38 eachHIV Test $15 each Herpes Type 1 & 2 Serology $50 eachHIV Test- Rapid $20 each Group A Strep $14 eachSalmonelialShlgelia $16 each Urine Screen:TB Culture & Concentration $25 each NeisseriaGonorrhoeae $47 eachTB Identification $15 each Chlamydia Trachomatis $47 eachTB Susceptibility $31 each Lead Screen $10 eachTB Acid Fast Stain $ 8 each StaphylococcuslAureus Culture $17 each

NURSING SERVICE

Hepatitis A Havrlx $501lnjection InfluenzaVaccine $20/lnjectionHepatitis B Vaccine $165/Series MMR $70/lnjectionTwinrix $65l1njection TO $40llnjectionHDCV (1M) Rabies $555/Series IPV $45l1njectionHDCV (ID) Rabies $270/SerlesPneumococcal $50llnjection Menactra $115/lnjectionAdacel (Pertusls) $55/injectlon Zostavax (Shingles) $165.00IlnjecllonHepatitis C Screening $35lTest Gardasll (HPV) $145.001InjectionJapanese Encephalitis $345/5erle5Meningococcal Vaccine $120llnjectlon fmmunizationNFC Program:Typhoid (Polysaccharide) $65/lnjectlon DPT,DT,Hib, $5lPer childTyphoid (Oral) $50/box Well Baby $5NisltVarivax $100/lnjectlon Diabetic Testing $5lTestYellow Fever Vaccine $90llnjeclionBoostrix Vaccine $45l1njection Records:HIS $45/lnjectlon Immunization Record $5 each

Foreign Travel Yellow Card $5 eachRabies Administrative FeelServes State Vaccine $25Foreign Travel Office Visit Fee $25

ENVIRONMENTAL HEALTH

Septic Tank lnspection #$310/Commercial/Business Day Care Center Inspections $2/per authorized child#$260IResidential Temporary Food Permit $75lpius $10 per day

Sepllc Tank Re-inspection $35lResidentlal FuneralHome Inspection $200$85lCommercial FHA, VA, Conventional Loans $125lLicensed

Food Establishment Inspection $150/yrJestablishment $150lUnlicensedHalf-Way Houses & Boarding $75lplus $25 for each Annual Group Home Inspection $50Homes, Residential additional uniton site Food Handler Class $15lper personMosquito Spraying lor Non- Sub-division Plat Approval $200lResidenlialcontracting cities $185/ per hour $150/CommerclalWater Sample $50 Animal Control/Quarantine $7lper dayMosquito Testing $35 Animal ControlNicious Animal $12lper dayFood MgT. Cert. Program $1001perperson Food Manager Re-certlfication $50lTestFood MgT. Cert. Relesting $50/per person W/Multlple Test SitesNote: 1) # Indicates $10 charge for State fee

42

January, 2008 thru December, 2008

EXHIBiTS

Municipality Tuberculosis

SexuallyTransmitted

Diseases LaboratoryCommunicable

Disease

Addison 311 77 367 190Balch Springs 139 160 856 285

Carrollton 1136 324 2034 884Ceder Hit! 199 311 201 491

Cockretl Hili 255 1157 14 320Coppell 465 20 42 422

Dallas 34686 13771 57347 38847Desoto 662 473 283 1120

Duncanville 718 240 576 855Farmers Branch 329 91 500 790

Garland 4484 897 7238 2889Glenn Heights 296 62 85 53Grand Prairie 1685 588 2561 1821

Highland Park 0 0 1 292Hutchins 104 40 197 56

Irving 3369 1150 6924 2642Lancaster 246 483 495 759Mesquite 831 746 3067 1594

Richardson 954 197 987 1628Rowlett 362 94 242 571Sachse 177 23 30 197

Seagoville 69 41 353 203Sunnyvale 16 0 11 226

University Park 13 0 0 241Wilmer 150 59 1408 19

Out of County 1142 1545 111180 8390

Total 52798 22549 196999 65785April 30, 2009

DALLAS COUNTY HEALTH 8. HUMAN SERVICES EXHIBITC

FY'10

Public CommunicableTB STD Health Disease FY'10

Municipality Clinic Clinic Lab Control Contract Total

Addison 4,374 3,776 2,229 1,492 5,751Balch Springs 2,036 8,771 5,198 2,238 9,377Carrollton 20,317 14,923 12,352 6,943 23,823Cedar HIli 15,540 14,070 1,221 3,856 2,498Cockrell Hill 7,478 0 85 2,513 2,301Coppell 2,963 1,888 255 3,314 3,131Dallas 723,756 790,788 348,248 305,113 1,754,252Desoto 19,974 20,770 1,719 8,797 17,620Duncanville 12,879 12,608 3,498 6,715 11,273Farmers Branch 6,752 6,456 3,036 6,205 6,856Garland 95,052 47,022 43,954 22,691 80,156Glenn Heights 847 3,106 516 416 574

~Grand Prairie 32,168 28,323 15,552 14,303 38,854Highland Park 0 0 6 2,293 132 WHutchins 826 2,680 1,196 440 3,149Irving 70,221 60,909 42,047 20,751 81,906Lancaster 12,053 25,338 3,006 5,961 12,106Mesquite 21,002 33,561 18,625 12,520 31,608Richardson 21,788 11,573 5,994 12,787 23,756Rowlett 8,364 4,690 1,470 4,485 4,925Sachse 2,459 1,827 182 1,547 362Seagoville 1,774 3,106 2,144 1,594 6,440Sunnyvale 181 183 67 1,775 99University Park 161 0 0 1,893 48Wilmer 2,983 2,010 8,550 149 2,597Out of County 19,490 77,964 675,156 65,897 77,142

$1,105,436 $1,176,345 $1,196,304 $516,690 $2,200,736

April 30, 2009

MUNICIPALITIES

44

FY'10 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 $6,856

* 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 $6,440

SUNNYVALE $99

UNIVERSITY PARK $48

* WILMER $2,597

* UNINCORPORATED $77, 142

TOTAL $2,200,736

*NON-CONTRACTING CITIESApril 30, 2009

August 12, 2009

To:

From:

45

DALLAS COUNTYHUMAN RESOURCES/CIVIL SERVICE

Members of the Commissioners Court

Mattye Mauldin-Taylor, Ph.D., Director

DALLAS COUNTYCO~IHISSIONERS COURT

OHUG II AM 10: 16

Subject: Policy Revisions-VariousFamily and Medical Leave Policy, Sec. 82-601 through 82-607Leave of Absence Policy, Sec. 82-471 through 82-481

Recommended by:

BackgroundIn its continued efforts to update the Dallas County Code, the Human Resources/Civil Service Department hasreviewed and modified the above listed policies and related forms and submits them for Commissioners Courtreview and distribution to county departments for thirty (30) day review and comment.

Following is a brief outline of the revisions made to the policies.

e Family and Medical Leave Policy-has been modified to restrict employees from working a second job,clarifies the use of compensatory time and other leave account balances, and clarifies insurance coverageoptions and payments while on family and medical leave.

• Leave of Absence Policy - restructures and reorganizes the guidelines in an effort to improve accessibility ofinformation. Language was added to limit the amount of leave that can be granted by the commissioners courtas an exception to policy. Intermittent leave was deleted.

Impact on OperationsThe policies provide clarification and guidance to supervisors, managers, and employees when addressing theseissues.

Financial ImpactAdoption of the policies will not impose any additional financial impact to the County.

Lega) ReviewThe Civil Section ofthe District Attorney's office has reviewed the policies.

Strategic Plan ComplianceRecommendations in this briefing support Dalias County's Strategic Plan Vision 1: Dallas County is a modelinteragency partner.

RecommendationThe Human Resources/Civil Service Department recommends Commissioners Court approve the attached modifiedpolicies andforms for review and distribution to county departmen r' 0) day review and comment.

.~ ~.~ p-l'1l'Crr::::-=--.,41

Records BuildingDallas, Texas

Equal Opportunity Employer 214.653.7638

K:\Briefings 2009\PolicyChangeJMLA_LOA Revisions 081809.doc

46

ARTICLE IX. FAMilY AND MEDiCAL lEAVE'

*Federallaw reference--Family and Medical Leave Act, 29 USC 2601 et seq.

Sec. 82-601. Purpose of article.

(a) The purpose of this article is to comply with the Family and Medical Leave Act of1993 (FMLA) and the National Defense Authorization Act for FY2008, balancethe demands of the workplace with employees' medical and family needs andaccomplish these purposes in a manner that accommodates the interests of thecounty.

(b) This article outlines the responsibilities of manager/supervisors and employees toensure compliance with The Family and Medical Leave Act whose purpose is toprovide specific job protections for covered employees on leave.

(c) The county requires all managers/supervisors and employees to follow theseoutlined policies and procedures. Failure to comply with these guidelines mayresult in serious consequences for the county, and when appropriate, electedofficials/department heads may take disciplinary action, up to and includingtermination.

(Ord. No. 2000-485, § 5.00,3-7-2000; Ord. No. 2002-1977,10-29-2002)

Sec. 82-602. Effective date.

This article takes effect on January 16, 2009, and replaces policies previouslyadopted by the county commissioners court on August 5, 1993, and revised again onNovember 23, 1993, September 1, 1998, and February 22, 2000.

(Ord. No. 2000-485, § 5.01,3-7-2000; Ord. No. 2002-1977, 10-29-2002)

Sec. 82-603. Summary of benefits.

If the employee complies with the obligations outlined in this article, the countywill:

(1) Provide eligible employees up to 12 weeks of family and medical leave,including military family leave, within a defined 12-month period.

The 12 weeks of family and medical leave for part-time employees shallbe determined on a proportional basis.

Example: If an employee normally works 30 hours each week, a week offamily and medical leave would be 30 hours. If an employee's schedulevaries from week to week, a weekly average of the hours worked over the12 weeks before the beginning of the leave period will be used tocalculate the employee's normal workweek.

(2) Provide eligible employees up to 26 weeks of leave in a single 12-month

K\Policfes\Pending and Pfoposed\FY2009\Risk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 1!-eave PolicY~fevised-0804-o9.doc

47

period to care for an injured or ill covered military service member;

(3) Return the employee to the same or equivalent position with equivalentpay, benefits and working conditions if the employee returns to work afterthe leave; and

(4) Continue to contribute to group health benefits at the same group levelduring the leave unless the employee cancels health insurance forhimself/herself and/or dependents.

(Ord. No. 2000-485, § 5.02,3-7-2000; Ord, No. 2002-1977, 10-29-2002)

Sec. 82-604. Key employee.

In some situations, in order to prevent substantial and grievous economic harmto county operations, key salaried employees may be denied reinstatement after familyand medical leave. Key salaried employees are defined by the Family and MedicalLeave Act as the top ten percent of all wage earners in an organization. Some examplesof such employees may include directors, assistant directors of large departments,doctors, etc. When an elected official/department head receives a leave request from anemployee and has reason to believe the employee may fall into this category, he:

(1) Should contact the human resources/civil service department to assist indetermining the employee's status;

(2) Should provide written notification to the employee within two workingdays that he is a key employee and provide them with a copy of theFamily and Medical Leave Policy; and

(3) Must notify such employee either orally or in writing within two workingdays of receiving the information from the employee's health careprovider that reinstatement after family and medical leave will or will notcause substantial and grievous economic harm. If the employee isnotified orally, the elected official/department head shall provide in personor send, both regular and certified mail, a Notice of Eligibility and Rights &Responsibilities (form HR/CS 14)) to the employee within five workingdays.

Elected officials/department heads should review sections 82-607(b) and 82-607(c) formore specific information regarding the submission of forms for planned and unplannedevents.

(Ord. No. 2000-485, § 5.03,3-7-2000; Ord. No. 2002-1977,10-29-2002)

Sec. 82-605. Eligibility.

(a) Eligible employees (includes part-time). Employees eligible to request family andmedical leave are those who:

(1) Have been employed by the county for at least 12 months in the last 7years.

Employment periods before a separation that is older than 7 years will notcount towards eligibility unless the break in service is due to NationalGuard or Reserve military service obligations); and

K:\Policies\Pending and ProDosed\FY2009\Risk Mgmt Benefits we Safety Policy Review2009\Family and Medical 2Leave Policy~revjsed~080409,doc

48

(2) Have worked at least 1,250 hours during the 12-month period precedingthe commencement of the leave.

A person re-employed following military service shall have the hours thatwould have been worked for the county added to any hours actuallyworked during the previous 12-month period to meet the 1250 hourrequirement.

ru Employees who meet the eligibility requirements and are granted familyand medical leave are restricted from working a second job while onleave with Dallas County, unless a written exception to work a second jobhas been approved by the elected officia/fdepartment head.

(b) Qualifying reasons for leave. The county is required to grant leave to eligibleemployees:

(1) For the birth of a child, or placement of a child by adoption or foster care;

(2) To care for an eligible family member with a serious health condition;

(3) To take medical leave because of a serious health condition that makesthe employee unable to work at all or unable to perform anyone of theessential functions of the employee's job;

(4) To care for a current member of the Armed Forces with a serious injury orillness incurred in the line of duty on active duty if the employee is thespouse, son, daughter, parent, or next of kin of the service member; or

(5) Because of any qualifying exigency arising out of the fact that theemployee's spouse, son, daughter, or parent is a covered militarymember on active duty (or has been notified of an impending call or orderto active duty) in support of a contingency operation.

(c) Eligible famt1y members. Family members for whom the employee may takefamily and medical leave include:

(1) Spouse: a legal husband or wife, including common law marriage. Theemployee must have a signed and filed legal Declaration of InformalMarriage considered lawful in the State of Texas for purposes of commonlaw spouses.

(2) Parent: a biological, adoptive, step or foster_parent or an individual whohad day-to-day responsibility to care for and financially support theemployee when the employee was a child, (in-laws are excluded);

(3) Child: a biological, adopted or foster child, a stepchild, a legal ward, or achild of a person standing in loco parentis, who is either under age 18, orage 18 or older and incapable of self-care because of a mental orphysical disability at the time FMLA leave is to begin.

For purposes of son or daughter of a covered military service member orson or daughter on active duty or call to active duty status, the child whois on active duty or called to active duty may be of any age.

(4) Next of kin of a covered service member: the nearest blood relative other

K:\Policies\Pending and Proposed\FY2009\Rlsk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 3leave Policy-revised-080409.doc

49

than the service member's spouse, parent, son, or daughter in thefollowing order of priority: Blood relatives who have been granted legalcustody of the covered service member by court decree or statutoryprovisions, brothers and sisters, grandparents, aunts and uncles, and firstcousins, unless the covered service member has specifically designatedin writing another blood relative as his nearest blood relative for purposesof military caregiver leave.

(d) Defined leave time. The defined 12-month period, as applicable to this article, willbe calculated by taking the 12 consecutive calendar months forward from thedate family and medical leave begins. Only 12 weeks offamily and medical leavewill be granted per a consecutive 12-month period except for military caregiverleave where 26 weeks of leave during a 12-month period will be granted.

(e) Serious condition. A serious health condition means an illness, injury,impairment, or physical or mental condition that involves:

(1) Patient care (e.g., overnight stay) in a hospital, hospice or residentialmedical care facility, including any subsequent treatment in connectionwith such inpatient care;

(2) Any period of incapacity (e.g., inability to work, attend school or performother regular daily activities) due to the serious health condition, includingtreatment for the serious health condition or recovery from the serioushealth condition;

Treatment includes but is not limited to examinations to determine if aserious health condition exists and evaluations of the condition.Treatment does not include routine physical examinations, eyeexaminations, or dental examinations.

(3) Continuinq treatment by a health care provider (e.g., medical doctors,podiatrists, optometrists, dentists, psychologists, Christian Sciencepractitioner) for a serious health condition that results in a period ofincapacity of more than three consecutive calendar days that involvestreatment 2 or more times, within 30 days of the first day of incapacity ortreatment by a health care provider on at least one occasion that resultsin a regimen of continuing treatment under the supervision of the healthcare provider and any subsequent treatment or period of incapacityrelating to the same condition (see intermittent and reduced leaveschedule);

For purposes of FMLA leave, a regimen of continuing treatment does notinclude taking over-the-counter medications, bed-rest, drinking fluids,exercise, and other similar activities that can be initiated without a visit toa health care provider. These activities are not themselves sufficient toconstitute family and medical leave.

The requirement for treatment by a health care provider means an inperson visit to a health care provider. The first in-person treatment visitmust take place within seven days of the first day of incapacity.

(4) Any period of incapacity or treatment for such incapacity due to a chronic

K:\Policies\Pending and Proposed\FY2009\Risk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 4Leave Policy-revised-080409.doc

50

serious health condition which:

a. Requires periodic visits at least twice a year for treatment;

b. Continues over an extended period of time (including recurringepisodes of a single underlying condilion); and

c. May cause episodic rather than a continuing period of incapacity(e.q., asthma, diabetes, epilepsy, etc.): or

(5) Any period of incapacity due to pregnancy or for prenatal care.

(6) Any period of incapacity due 10 permanent or long-term conditions forwhich treatment may not be effective (e.q. Alzheimer, severe stroke, orthe final stages of a disease). The employee or family member must beunder the conlinuing supervision of, but need not be receiving aclivetreatment, by a health care provider.

(f) Family leave. Both the mother and father are entitled to family leave for the birth,adoption or foster care placement of a child. Leave must be taken:

(1) Within 12 months of the birth, adoption or foster care placement; and

(2) All al once, unless:

a. Agreed to otherwise by the elected official/department head; or

b. Intermittent or reduced schedule leave is medically required.

This leave may begin before the birth of the child, if medically necessary.

(g) Intermittent and reduced leave schedule. Leave may be taken on an intermittentor reduced leave schedule when medically necessary. Intermittent leave is leavetaken in separate periods of time due to a single illness or injury rather than forone continuous period of time. Reduced schedule leave means the employeeworks fewer than the normally scheduled hours during the week. In order toaccommodate the employee's need to take intermittent leave or be placed on areduced leave schedule, the following shall apply:

(1) The employee may be temporarily transferred to another position to betteraccommodate the arrangement;

(2) The employee shall make every reasonable effort to schedule medicalcare outside of normal business hours, or with consideration to the needsof the department; and

(3) The county is only required to grant this arrangement for FMLA after thebirth or placement of a child for adoption or foster care if the electedofficial/department head approves or when medically necessary forrecovery from or treatment of a serious health condition or chronic healthcondition of either the employee or an eligible family member, or to carefor a covered service member with a serious injury or illness or due to aqualifying exigency (e.q. short-notice deployment, military events andrelated activities such as attendance at official ceremonies and programssponsored by Ihe military, family support or informational briefings,childcare and school activities, to make financial or legal arrangements,counseling, or post-deployment activities).

K:\Policies\Pending and Proposed\FY2009\Risk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 5Leave Pollcy-revised-080409.doc

5 1

(4) An employee may not be required to take more leave than necessary toaddress the circumstance that precipitated the need for the leave.

(5) Employees may be required to provide doctor's statements to supportintermittent leave absences pursuant to a uniformly applied departmentalattendance policy. For example, if a department uniformly requiresemployees who are absent for 3 consecutive days to provide a doctor'sstatement upon return to work, then employees who have been absent 3consecutive days on intermittent family and medical leave are held to thesame standard.

(h) Combined leave limits. If two employees who are legal spouses wish to takeleave to care for the same individual:

(1) There is a combined leave limit of 12 weeks to care for a parent or a childdue to birth, adoption or foster care placement;

(2) There is a combined leave of 26 weeks in a single 12-month period tocare for a covered military service member; and

(3) There is no combined leave limit to care for an ill child or for theemployee's own illness. In these circumstances, each county employee isentitled to 12 weeks leave during the defined 12-month period.

(Ord. No. 2000-485, §§ 5.04--5.11,3-7-2000; Ord. No. 2002-1977, 10-29-2002)

Sec. 82-606. Requirements.

(a) Medical leave. If the employee is requesting leave due to the employee's own ora covered family member's serious health condition, the employee and therelevant health care provider must supply appropriate medical certification(HR/CS form 16 for employee or HR/CS form 17 for family members). Thecounty may also require a second opinion or third opinion at the county'sexpense. In the event of a third opinion, the third opinion will be binding. Thecounty may require recertification of a medical condition:

(1) Every 30 days if deemed necessary by the manager/supervisor;

(2) When the employee requests an extension of leave;

(3) If the circumstances surrounding the leave change (for example, theemployee has been absent continuously but the medical certificationprovides for intermittent leave for 1 to 2 episodes of 2 days each quarter);

(4) When the department receives information that casts doubt upon thecontinuing validity of the first certification; or

(5) The employer receives information that casts doubts upon the employee'sstated reason for the absence.

(b) Medical Certification. It is the employee's responsibility to provide themanager/supervisor a complete and sufficient medical certification. If thesupervisor believes the medical certification is incomplete, the supervisor mustreturn the medical certification to the employee, specify in writing what additional

K:\Policies\Pending and Proposed\FY2009\RiskMgmt Benefits we Safety Policy Review 2009\Family and Medical 6LeavePoHcy-revised-080409.doc

52

information is required, and allow the employee 7 calendar days to provide therequested information (HR/CS form 15, Designation Notice). A certification isincomplete if:

(1) If one or more of the applicable entries on the form have not beencompleted or;

(2) If the information provided is vague, ambiguous, or non-responsive.

Under no circumstances may the employee's supervisor contact the employee'shealth care provider. If further assistance is required, the supervisor shallcontact the human resources/civil service department.

Failure to provide the requested medical certification in the allotted time mayresult in a delay or denial of the family and medical leave and subject theemployee to disciplinary action, up to and including termination for violation of theattendance policy.

(c) Employee leave request. Under this Act, each employee is fully responsible fornotifying the manager/supervisor of an injury or illness that will prevent him fromworking on a continuous basis for more than 3 days or that will require periodicabsences for treatment and/or recovery from a serious health condition over thecourse of several months.

For example, an employee's minor child may not be able to go to school for 3consecutive days due to the onset of an asthma attack or the health careprovider has advised the employee to keep the child at home when the pollencount exceeds a certain level.

If leave is taken for a family and medical leave reason and the supervisor has notbeen made aware of the reason, the employee must notify the supervisor withintwo (2) business days of returning to work of the reason for the leave. Theemployee may not assert FMLA protection for the leave in the absence of suchtimely notification.

Failure to properly notify may result in disciplinary action being taken, up to andincluding termination. When requesting family and medical leave:

(1) If the event is unplanned, such as a sudden illness or injury of theemployee or an eligible members of the employee's family, the employeeor a responsible party shall notify the county within 24 hours (see section82-607(c));

(2) If the event is planned, such as surgery or childbirth, then the employeeshall make every reasonable effort to provide the county with at least 30days' notice of the dates the employee will be absent from work (seesection 82-607(b)).

(d) Supervisor's role. The supervisor and employee must understand that thepurpose of family and medical leave is to protect the job of an employee during aqualifying event. If an employee is out for more than three working days for amedical reason and has not requested family and medical leave by the fourth dayor if an employee is periodically out for three or more working days in a 3-monthperiod for a medical reason and has not requested family and medical leave, the

K:\Policies\Pending and Proposed\FY2009\Risk Mgm! Benefits we Safety Policy Review 2009\Family and Medical 7Leave Pohcy-revised-080409,doc

53

supervisor shall:

(1) Immediately send the employee all necessary forms for requesting suchleave;

(2) Assess the medical absence in conjunction with the humanresources/civil service department to determine ilthe employee is eligiblefor family and medical leave; the supervisor does not have to wait for arequest from the employee; and

(3) Follow all outlined policies and procedures related to this matter.

If the supervisor fails to properly designate paid or unpaid leave as family and medicalleave and the supervisor and/or the county later determines that the leave would qualifyunder FMLA guidelines, the entire leave period will be counted towards the employee's12 weeks of FMLA entitlement. For example, if an employee has been off for a FMLAqualifying event and lhe departmenl fails 10 send a notification, when the oversighl isrealized, a notice should 10 be senllo lhe employee. The time charged 10 FMLA leavebegins lhe day the employee's absence began.

(e) Leave limits. Whelher paid or unpaid, all eligible county employees are entitled 10a total of 12 weeks of family and medical leave or 26 weeks of military care giver leaveduring a conseculive 12-monlh period. Employees shall be required 10 use approprialeleave balances during lhe leave. For example, if lhe leave is due 10 lhe illness or injuryollhe employee, family member, or covered military service member, all leave balancesshall be used before moving to an unpaid leave status. If the leave is due to a qualifyingexigency arising out of the fact that the employee's spouse, son, daughter, or parent is acovered military member on active duty (or has been notified of an impending call ororder to active duly) in support of a contingency operation, the employee shall usevacation, compensatory time, holiday credit and personal day before moving to unpaidleave status. +fl.is Family and medical leave is only paid during the portion of leave forwhich the employee has sick leave, vacation, compensalory time, and personal leaveaccrued. Employees on paid leave will continue 10 accrue vacalion and sick leave.

The employee shall use lhe following paid leave before moving 10 a without pay status:

(1) Sick leave;

(2) Vacation leave;

(3) Compensatory time;

(4) Holiday credit; and

(5) Personal day.

VVith the approval of the eiected official/dopartment hoad, employees may elect to useaccrued compensatory time at the beginning or end of the family and medical leaveperiod. The employee shall indicate his request to use accrued compensatory time onPIGS form 13; however, granting such loave is at the sole discretion of the electedofficial/department head since it will extend the time an employee is absent from work.Hov"ever, use of the componsatory time does not run concurrently with FMLA and maynot be counted against the employee's FMLA leave entitlement. Example: If anemployee has two weel<s of approved accrued compensatory leave, he may utilize the

K:\Policies\Pendinq and Proposed\FY2009\Risk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 8Leave Policy-revised-080409.doc

54

compensatory leave at the time the family and medical leave would othef\Nise begin.After the two '.'leeks of accrued compensatory leave has been used, the employee 'l"ilIhave 12 weeks of paid (sick, vacation or personal) or unpaid family and medical leaveavailable for the remainder of his medical condition.

(I) Workers' compensation and family and medical leave. All workers' compensationinjuries which result in a "serious health condition," requiring the employee to beoff work for more than three days or will require continuous treatment for whichthe employee will be absent from work will be designated as family and medicalleave and will run concurrently. If workers' compensation payments areappropriate, they will be made in full compliance with all applicable laws. Foremployees who are off work due to a workers' compensation injurylillness,please refer to the county's workers' compensation policy.

(g) Pay increases and family and medical leave. Only paid time covered under familyand medical leave shall count as time worked for purposes of merit increases,step increases, promotional increases, etc. Any and all unpaid time will not becounted as time worked. Once family and medical leave has been exhausted, allother time (paid or unpaid) taken during the applicable 12-month period will notbe counted as time worked for these purposes. These provisions also apply toemployees who are out on workers' compensation due to work-related injuries.

However, if the county makes salary/benefit modifications to all employees or toemployees in the absent or injured employee's specific job category, then the employeemay be impacted by these changes, if he meets all specified requirements.

(h) Insurance coverage; payments. While an employee is out on family and medicalleave, the county will continue to provide group health benefits to the employeeat the same coverage level, provided the employee continues to pay their portionof the premium through payroll deductions via sick, vacation, and compensatoryleave accruals. Once the employee has exhausted all such accruals, in order tocontinue their insurance benefits, the employee must continue to make timelypayments directly and as specified by the Auditor's Office, Additionally, pre-payarrangements can be made directly with the Auditor's Office. If the employee'Sinsurance is canceled due to non payment or late payment while on FMLA, theemployee may be eligible for COBRA.

The employee can elect to cancel coverage entirely, or temporarily drop theirdependent coverage, if applicable, may choose by completing and submitting theBenefits Change Form within 31 davs of the onset of the FMLA leave. Aet--leretain this benefit. For any dependent coverage retained:

(1) The employee may must continue to pay all premiums fur all otherinsurance deductions, such as dependent coverage, additional lifuinsurance, dental, etc.; or

(2) The employee may temporarily drop all elOO insurance coverage(medical, dental, optional, FSA, etc.) deductions, including employeegroup health plan for dependents, during the family medical leave andreinstate them coverage on the same terms as prior to the leave,beginning the first day of the month following tlpOO return~ to worki-aR'l.If the employee elects to drop optional life, dependent life or long temicare insurance while on FMLA, the employee has the option of re-electing

K:\Policies\Pending and Proposed\FY2009\Rlsk Mgffit Benefits we Safety Policy Review 2009\Familv and Medical 9Leave Poljcy-revised~080409.doc

55

these insurance benefits. However. the employee will be required to gothrough medical underwriting for insurance benefit reinstatement. Ifapproved, the reinstatement will be effective the first of the monthfollowing underwriting approval.

The FSA Dependent Care Contributions will automatically stop whilean employee is out on upaid FMLA. FSA Dependent Carecontributions will reinstate upon return to work.

(3) If the employee does not make fails to pay all additional owed insurancepayments premiums (such as optional life, denial and dependentcoverage) on a timely basis as specified by the Auditor's Office, theinsurance coverage will be terminated; and,

(4) Notices of billings and intent to cancel insurance coverage will be sent bythe Auditor's Offico to the employoe's elected official/department head.Written notice will be mailed by the County Auditor to the employee andthe elected official/department head at least 15 days before coverage isto cease advising that coverage will be dropped on a specific date.Coverage may cease retroactively to the end of the month any premiumswere paid provided the 15 day notice was given. The County will recoverthe employee's share of any premium payments missed by the employeefor any FMLA leave period during which the County maintains healthcoverage by paying the employee's share after the premium payments ismissed.

(i) Return to work. If an employee has been out on medical leave due to theemployee's own health condition, the elected official/department head shallrequire a fitness for duty release from the employee's health care provider priorto allowing the employee to return to work. The fitness for duty release must bereceived from the employee no less than 48 hours prior to the return to workdate. Law enforcement officers of the Sheriff's Department may requireadditional review by the employee health center physician before return to work.See Sheriff's Department; Return to Work guidelines, Appendix A, Article? of theSheriff's Department Civil Service Rules and Regulations for more information.

Ul Reimbursement ofpremiums.

(1) If an employee is able to return to work (as defined in subsection (j) (3) ofthis section), but fails to do so, the employee may be required toreimburse the county for the premiums the county paid on the employee'sbehalf during the family and medical leave. The only exceptions to thisrequirement are:

a. Failure to return to work as a result of a documented serioushealth condition affecting the employee or a family member whichwould otherwise entitle the employee to leave under FMLA;

b. The result of other circumstances beyond the employee's control,such as a spouse being unexpectedly transferred to a job locationmore than 75 miles from the employee's worksite; or

c. An employee who transfers directly from taking FMLA leave toretirement, or who retires during the first 30 days after theemployee returns to work.

K:\Policies\Pendinq and Proposed\FY2009\Risk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 10Leave Policy~revised-080409.doc

56

An employee will be required to submit appropriate documentation tosubstantiate reason for nonpayment of premiums.

(2) Reimbursement of sick leave. If an employee does not return to workafter a fitness for duty release from the health care provider has beenissued, the employee will be required to reimburse the county for sickleave taken after the release date and disciplinary action may be taken upto and including termination.

(3) Return to work determination. An employee who returns to work for atleast 30 calendar days is considered to have returned to work. Anemployee who transfers directly from taking FMlA leave to retirement, orwho retires during the first 30 days after the employee returns to work, isdeemed to have returned to work.

(k) Additional time off. If an employee requires time off beyond the 12 weeks offamily medical leave, the employee must submit a written request to thesupervisor immediately upon learning of the need to extend the leave. Additionalleave is considered to be leave of Absence (LOA) and is granted at thediscretion of the elected official/department head. See leave of Absence policyfound at Section 86-471 through 86-478. Failure to submit the written requestbefore the family and medical leave period ends may result in the employee'sseparation of employment. This separation shall be treated as a voluntaryresignation.

If an employee is granted additional time off a leave of absence in a nonpaid statusbeyond the 12 weeks of family and medical leave, the employee will be required to electcontinuation of health coverage under COBRA. The COBRA benefit period will runconcurrently with the individual's approved leave of absence without pay status period.Any benefit coverage not continued during FMLA status will not be eligible to becontinued under COBRA. For more information, see sections 82-335 and 82-442through 82-446 of this Code.

(I) Other. Falsification of documents is a violation of county policy which may resultin the termination or denial of family and medical leave and also disciplinaryaction, up to and including termination.

(rn) Violation of rights. It is unlawful for the county to interfere with, restrain or denythe exercise of any rights provided under this article. If an employee believes hisrights under the Family and Medical leave Act have been violated, the employeeshould contact the human resources/civil service department.

(Ord. No. 2000-485, §§ 5.12--5.21, 3-7-2000; Ord. No. 2002-1977,10-29-2002)

Sec. 82-607. Procedures.

(a) Purpose. The procedures of this section are a guide for supervisors andemployees when implementing the county's family and medical leave policy forplanned and unplanned events.

(b) Planned events. For planned events, the following action should be taken:

Step 1: Within two working days of learning of an event for which the employee

K\Policies\Pending and Proposed\FY2009\Risk Mgm! Benefits we Safety Policy Review 2009\FamHy and Medical 11Leave Policy-revised~080409.doc

57

will need to take future family and medical leave, the employee should notify thesupervisor in writing using P/CS form 13.

Step 2: Within five (5) working days of receiving the employee's notice, thesupervisor will provide the FMLA Eligibility Notice (Form HR/CS #14) that notifiesthe employee of his eligibility status. If eligible for the leave, a copy of this policy,a copy of the employee's job description outlining essential job functions, and themedical certification form will be provided to the employee.

Step 3: Within 15 working days, the employee has a health care providercomplete the appropriate medical certification form (Form HR/GS #16, PIGS #17,HR/CS #18, or HR/CS #19) and return it to the supervisor.

Step 4: If the supervisor believes the medical certification is incomplete anddoes not provide sufficient information to determine whether the leave is beingtaken for a FMLA-qualifying reason, the supervisor must return the medicalcertification to the employee, specify in writing what additional information isrequired, and allow the employee seven (7) calendar days to provide therequested information (Designation Notice, Form HR/CS #15).

Under no circumstances is the supervisor/manager allowed to contact theemployee's health care provider. The supervisor/manager shall contact thehuman resources/civil service department for additional assistance.

Step 5: Within five (5) working days of receiving a sufficient medical certificationfrom the employee's health care provider, the supervisor shall notify theemployee if the event qualifies for FMLA by completing the Designation Notice(Form HR/CS #15) and sending it via regular and certified mail to the employee'shome address or to the employee's email address whichever is appropriate.

Step 6: If possible, at least 15 days prior to the employee going out on leave, thesupervisor shall prepare and submit all appropriate personnel/payroll formsplacing the employee on family and medical leave to the auditor's office.

Step 7: Employee must coordinate all insurance payments with the auditor'soffice. Failure to timely pay required insurance premiums for elected dependentand additional insurance coverage will cause such coverage to cease.

Step 8: While out on leave, the employee must stay in touch with the supervisoras directed. If the supervisor does not specify how often the employee shouldcheck in with the supervisor, the employee should do so no less than every 30days to inform the supervisor of his progress and to coordinate when theemployee may be returning to work.

Step 9: When the employee is able to return to work, a fitness-for-duty releasefrom the employee's health care provider must be provided if the absence wasdue to injury or illness of the employee. The fitness-for-duty release must bereceived no less than 48 hours prior to the return to work date.

Step 10: Upon learning of the employee's plan to return, the supervisor shallprepare all required personnel/payroll forms to return the employee to work andsubmit the paperwork to the county auditor's office.

Step 11: Any records or documents containing medical information or medicalhistory on an employee must be filed in confidential medical files. Medical files

K:\Policies\Pendinq and Proposed\FY2009\RisK Mgm! Benefits we Safety PolicyReview 2009\Family and Medical 12Leave Policy-revised-080409,doc

58

must be maintained by the department separately from all other files.

(c) Unplanned events. For unplanned events, the folloWing action should be taken:

Step 1: If an employee or an eligible dependent becomes III or sustains an injuryand the employee knows he will be out for more than three working days, theemployee must notify or have a responsible person (family member, medicalstaff, etc.) notify the employee's supervisor on same day or the next work day, orif an employee is out for more than three working days, the supervisor willprovide the FMLA Eligibility Notice (Form HR/CS #14) that notifies the employeeof his eligibility status within five (5) working days. If eligible for the leave, a copyof this policy, a copy of the employee's job description outlining essential jobfunctions, and the medical certification form will be provided to the employee.

The supervisor shall follow the same notification procedures outlined in thisprocedure if an employee is periodically out for three working days or more in a3-month period for a medical reason and has not requested family and medicalleave,

Step 2: Within 15 working days, the employee has a health care providercomplete HR/CS form 16 or HR/CS form 17 and return it to the supervisor.

Step 3: If the supervisor believes the medical certification is incomplete anddoes not provide sufficient information to determine whether the leave is beingtaken for a FMLA-qualifying reason, the supervisor must return the medicalcertification to the employee or employee's representative, specify in writing whatadditional information is required, and allow the employee or representativeseven (7) calendar days to provide the requested information (Designation Form,HR/CS form 15).

Under no circumstances Is the supervisor/manager allowed to contact theemployee's health care provider. The supervisor/manager shall contact thehuman resources/civil service department for additional assistance.

Step 4: Within five (5) working days of receiving a sufficient medical certificationfrom the employee's health care provider, the supervisor shall notify theemployee if the event qualifies for FMLA by completing the Designation Notice(Form HR/CS #15) and sending it regular and certified mail to the employee'shome address or to the employee's email address whichever is appropriate. Ifthe event qualifies, the employee will be placed on leave effective the fourth dayof absence.

Step 5: Employee must coordinate all insurance payments with the auditor'soffice. Failure to timely pay required insurance premiums for dependent andadditional insurance coverage will cause such coverage to cease.

Step 6: While out on leave, the employee must stay in touch with the supervisoras directed. If the supervisor does not specify how often the employee shouldcheck in with the supervisor, the employee should do so no less than every 30days to inform the supervisor of his progress and to coordinate when theemployee may be returning to work.

Step 7: When the employee is able to return to work, a fitness-for-duty releasefrom the employee's health care provider must be provided if the absence wasdue to injury or illness of the employee. The fitness-for-duty release must be

K:\Policies\Pendlng and Proposed\FY2009\Risk Mgmt Benefits we Safety Policy Review 2009\Family and Medical 13Leave Polfcy-revised-080409,doc

59

received no less than 48 hours prior to the return to work date.

Step 8: Upon learning of the employee's plan to return, the supervisor shallprepare all required personnel/payroll forms to return the employee to work andsubmit the paperwork to the county auditor's office.

Step 9: Any records or documents containing medical information or medicalhistory on an employee must be filed in confidential medical files. Medical filesmust be maintained by the department separately from all other files.

Sec. 82-608. Family and Medical Leave Forms.

Under the Family and Medical Leave Act, the county is required to provide severaldifferent types of notice to employees. These notices include general notice andpostings, eligibility notice, notice of rights and responsibilities, and FMLA designationnotice. The number of medical certification forms increased to address the extension ofFMLA entitlement for military family leave. The following forms shall be used in theadministration of family and medical leave:

(a) Request for Family and Medical Leave (HRICS #13);(b) Notice of Eligibility and Rights & Responsibilities (HRICS #14);(c) Designation Notice (HRICS #15)(d) Certification of Health Care Provider for Employee (HRICS #16)(e) Certification of Health Care Provider for Family Member (HRICS #17)(f) Certification of Serious Injury or Illness of Covered

Service Member for Military Family Leave (HRICS #18); and(g) Certification of Qualifying Exigency for Military Family Leave (HRICS #19).

(Ord. No. 2000-485, § 5.22--5.24, 3-7-2000; Ord. No. 2002-1977,10-29-2002)

Sees. 82-608--82-640. Reserved.

K:\Policies\Pendinq and Proposed\FY2009\Risk Mgm! Benefits we Safety Policy Review 2009\Familv and Medical 14leave Policy-revised-Oa0409.doc

REQUEST FOR FAMILY AND MEDICAL LEAVE(Family and Medical Leave Act)

Department Name:

Employee Name:

Department Contact Person:

Employee's Job Title:

Telephone Number:

Regular Work Schedule:

Reason for Re .+, one)

D Due to birth of my child, or placementof a child with me for adoption or ->

foster case:D Due to the serious health condition of

the emplovee (inctudinc preqnancy):D Due to the serious health condition

care of the employee's family ->

member:D Due to a serious Injury or illness of an

employee's covered service member: ->

D Due to a quaiifylng exigency arisingout of the fact that my: ->

Date of blrthladoptionlplacement Name of child:

Check one:[ Jspouse; I Jchild; [ Jparent due to hislher serious health condition.

Check one:[ 1spouse; [ ] son or daughter; [ Jparent; I ]next of kin of a covered servicemember with a serious Injury or illness.Check one:[ ] spouse; [ ] son or daughter; [ ] parent Is on active duty or called to activeduty status In support of a contingency operation as a member of the NationalGuard or Reserves.

Requested Leave Period:Start Date (or expected start dale): IReturn Date (or expected return date):

Use this space to describe request for Intermittent or reduced schedule FMLA leave:

I Please check the statement below regarding the utilization of paid leave:

D I do understand that I will be required to use my available paid sick, vacation, compensatory, holiday credit, and/orpersonai day during my FMLA absence. This means that I will receive my paid leave and the leave will also be consideredprotected FMLA leave and counted against my FMLA leave entitlement. After all paid leave has been exhausted, I willmove to an unpaid leave status for the remainder of my FMlA period.

Please check one of the options below to indicate whether or not you elect to continue or temporarily drop insurancedeductions:

D I elect to continue Insurance benefits and deductions for employee and dependents. I will remit timely payments for all suchbenefits and coverages as specified by the Auditor's Office.

D I elect to temporarily drop insurance benefits and deductions for employee and dependents during the leave andI reinstate them upon returning to work.

D I elect to temporarily drop insurance benefits and deductions for dependents only during the leave and reinstate them uponreturning to work. I will retain all of my insurance benefits and will remit timely payments as specified by the Auditor's Office.

Note: If you elect to drop optional life, dependent life or long term care insurance while on FMLA, you have the option of re-electlngthese Insurance benefits. However, you will be required to go through medical underwriting for Insurance benefit reinstatement. Ifapproved, the reinstatement will be effective the first of the month following underwriting approval. If you have FSA Dependent Care,vour contributions will automatically stop while you are on unpaid FMLA. Your FSA Dependent Care contributions will reinstateupon return to work.

Employee Signature:

Received by Department: (Date): _

IDate:

Form HRICS #13 (0712009)

61

Notice of Eligibility and Rights & Responsibilities(Family and Medical leave Act)

In general, to be eligible for Family and Medical leave an employee must have worked for an employer for at least 121months, have worked at ieast 1,250 hours In the last 12 months preceding the leave, and work at a site with at least 50employees within 75 miles. This completed form provides employees with the information required by 29 C.F.R. 825.300(b), which must be provided within five business days of the employee notifying Dallas County of the need for FMlAleave. Part B of this form provides employees with information regarding their rights and responsibilities for taking FMLAleave, as required by 29 C.F.R. 825.300 (b), (c).

.., .", -*l:lrgll?mt,y

Date of Notice:

Department Name: Department Contact Person:

Employee Name: Employee's Job Title: I RegUlar Work Schedule:

On [Date: J you informed us that you needed leave on [Date: Jfor:

0 The birth of a child, or placement of a child with you for adoption or foster case.Date of birth/adoption/placement Child's Name

0 Your own serious health condition (including pregnancy).

0 Because you are needed to care for your [ J spouse; [ 1child; [ 1parent due to his/her serious health condition.

0 Because you are the [ ] spouse; [ J son or daughter; [ Iparent; [ ] next of kin of a covered service memberwith a serious injury or illness.

0 Because of a qualifying exigency arising out of the fact that your [ 1spouse; [ 1son or daughter; [ Iparent is Onactive duty or called to active duty status in support of a contingency operation as a member of the National Guardor Reserves.

This Notice is to inform you that you:

0 Are eligible for FMlA leave (See Part B below for Rights and Responsibilities).

0 Are not eligible for FMlA leave, because (only one reason need be checked, although you may not be eligible forother reasons):

,

0 You have not met the FMlA's 12-month length of service requirement. As of the first date of requestedleave, you will have worked approximately months toward this requirement.

0 You have not met the FMlA's 1250-hours worked requirement.

If you have questions, please review the Family and Medical leave Policy and contact your department humanresources representativeor county human resources representative.

Form HRiCS #14 (D7/2009)

62

P<in R.ights and.RlJspc!nsibilltip$. forTakll1gFllIll..Al.,lJave

As explained in Part A, you meet the eligibility requirements for taking fMLA leave and stili have fMLA leaveavailable in the applicable 12-month period. However, in order for us to determine whether your absencequalifies as fMLA leave, you must return the following information to us by (lfacertification is requested, you have at least 15 working days from receipt of this notice; additional time may berequired In some ctrcumstances.} If sufficient information is not provided in a timely manner, your leave may bedenied.

0 Please provide sufficient certification to support your request for fMlA leave. A certification form that sets forththe information necessary to support your request [ 1is! [ 1is not enclosed.

0 Please provide sufficient documentation to establish the required relationship between you and your familymember.

0 Other information needed:

0 No additional information requested.

Once we obtain the information from you as specified above, we will inform you, within 5 business days,whether your leave will be designated as fMLA leave and count towards your fMLA leave entitlement. If youhave any questions, please do not hesitate to contact:

Departmental Representative: ITelephone Number:.

..

If your leave does qualify as fMLA leave, you will have the following responsibilities while on fMLA leave (onlychecked areas apply):

0 Contact the County Auditor's Office at (214) 653-6431 to make arrangements to continue to make your share ofthe premium payments on your health insurance to maintain health benefits while you are on leave. If payment Isnot made timely, your group health insurance may be cancelled, provided we notify you in writing at least 15 daysbefore the date your health coverage will lapse, or, at our option, we may pay your share of the premiums duringthe FMlA leave, and recover these payments from you upon your return to work.

0 You will be required to use your available paid __ sick, __ vacation, __ compensatory, _holidaycredit, and/or __ personel day during your FMlA absence. This means that you will receive your paid leaveand the leave will also be considered protected fMlA leave and counted against your fMlA leave entitlement.

0 Due to your status within the county, you are considered a "key employee" as defined in the fMlA. As a "keyemployee," restoration to employment may be denied following fMlA leave on the grounds that such restoration

I will cause substantial and grievous economic injury to us. We have/__ have not determined thatrestoring you to employment at the conclusion of fMlA leave will causesubslantial and grievous economic harmto us.

0 While on leave you will be required to furnish us with periodic reports of your status and intent to return to workevery (Indicate interval of periodic reports, as appropriate for the particular leave situation).

If the circumstances of your leave change, and you are able to return to work earlier than the date indicated onthe reverse side of this form, you will be required to notify us at least two workdays prior to the date you intendto report for work.

Form HRiCS #14 (07/2009)

63

If your leave does qualify as fMlA leave, you will have the following rights while on fMlA leave:

• You have a right under the FMlA for up to 12 weeks of leave in a 12-month period calculated as the 12-monthperiod measured forward from the date of your first FMlA leave usage.

• You have a right under the FMlA for up to 26 weeks of leave in a single 12-month period to care for a coveredservice member with a serious injury or illness. This single 12-month period commenced on

(date).

• You must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions ofemployment on your return from FMlA-protected leave. (If your leave extends beyond the end of your FMlAentitlement, you do not have return rights under FMlA). I

• If you do not return to work following FMlA leave for a reason other than: 1) the continuation, recurrence, or onsetof a serious health condition which would entitle you to FMlA leave; 2) the continuation, recurrence, or onset of acovered service member's serious injury or illness which would entitle you to FMlA leave; or 3) othercircumstances beyond your control, you may be required to reimburse us for our share of health insurancepremiums paid on your behalf during your FMlA ieave.

Once we obtain the information from you as specified above, we will inform you, within 5 business days,whether your leave will be designated as FMLA leave and count towards your fMLA leave entitlement.

In addition, you will have the option to elect to continue or temporarily drop Insurance deductions:

OPTIONS:0 You will be able to elect to continue insurance benefits and deductions for employee and dependents. You will

remit timely payments for all such benefits and coverages as specified by the Auditor's Office; or0 You will be able to elect to temporarily drop insurance benefits and deductions for employee and dependents

during the leave and reinstate them upon returning to work; or0 You will be able to elect to temporarily drop insurance benefits and deductions for dependents only during the

leave and reinstate them upon returning to work. You will retain all of my insurance benefits and will remit timelypayments as specified by the Auditor's Office.

Note: If you elect to drop optional life, dependent life or long term care insurance while on FMlA. you have the option ofre-electing these insurance benefits. However, you will be required to go through medical underwriting for insurancebenefit reinstatement If approved, the reinstatement will be effective the first of the month following underwritingapproval. If you have FSA Dependent Care, your contributions will automatically stop while you are out on unpaidFMlA Your FSA Dependent Care contributions reinstate upon return to work.

Form HR/CS #14 (07/2009)

64

Designation Notice(Family and Medical Leave Act)

Leave covered under the Family and Medical Leave Act (FMLA) must be designated as FMLA-protected and thecounty must inform the employee of the amount of leave that will be counted against your FMlA entitlement. inorder to determine whether leave is covered under the FMLA, the county may request that the leave besupported by a certification. if the certification is incomplete or insufficient, the county must state in writingwhat additional information is necessary to make tile certification complete am! sufficient.

..

Date of Response:

Employee Name: Employee's Job Title: Regular Work Schedule:

We have reviewed your request for leave under the FMlA and any supporting documentation that you have provided.We received your most recent information on (date) and decided:

Approval of FMlA:0 Your FMlA leave request for (check one) 0 employee 0 eligible family member 0 covered military member on

active duty is approved. All leave taken for this reason will be designated as FMLA leave.

0 Your FMLA Military leave request is approved.

Non-Approval of FMLA:0 Your FMLA Leave request is not approved.0 The FMlA does not apply to your leave request,0 You have exhausted your FMLA entitlement in the applicable 12-month period.

0 Additional information is needed 10 determine if your FMlA leave request can be approved:

0 The certification you have provided is not complete and sufficient to determine whether the FMLA applies to yourleave request. You must provide the following information no later than (date/at leastseven calendar days), unless it is not practicable under the particular circumstances despite your diligent goodfaith efforts, or your leave may be denied.

(Specify informatIon needed to make the certification complete and sutticienti

0 We are exercising our right to have you obtain a second or third opinion medical certification at our expense, andwe will provide further details at a later time.

For Approved FMlA:We will require that you deplete any and all accrued paid leave for FMLA leave (Sick, Vacation, Compensatory, Holiday Ileave and Personal Day). Note: FMLA runs concurrently with Workers Compensation.

The FMLA requires that you notify us as soon as practicable if dates of scheduled leave change or are extended,or were initially unknown. Based on the information you have provided to date, we are providing the followinginformation about the amount of time that will be counted against your leave entitlement:

Form HRJCS #15 (07/2009)

65

Io Provided there is no deviation from your anticipated leave schedule, the following number of hours, days, orweeks will be counted against your leave entitlement: -::--:--:-_

o Because the leave you will need will be unscheduled, it is not possible to provide the hours, days, or weeks thatwill be counted against your FMlA entitlement at this time. You have a right to request this information once in a3D-day period (if leave was taken in the 3D-day period).

Please be advised (check If applicable):o We are requiring you to substitute or use paid ieave during your FMlA leave.o You will be required to present a fitness for-duty certificate to be restored to employment If such certification is-

not timely received, your return to work may be delayed until certification is provided. A list of the essentialfunctions of your position _ is_is not attached. If attached, the fitness-far-duty certification must address your,ability to perform these functions.

,

You have elected to continue or temporarily drop Insurance deductions (please select one optionl:

OPTIONS:!

. I0 You have elected to continue insurance benefits and deductions for employee and dependents. You will remit

timely payments for all such benefits and coverages as specified by the Auditor's Office.0 You have elected to temporarily drop insurance benefits and deductions for employee and dependents during

the leave and reinstate them upon returning to work.0 You have elected to temporarily drop insurance benefits and deductions for dependents only during the ieave

and reinstate them upon returning to work. You will retain all of my Insurance benefits and will remit timelypayments as specified by the Auditor's Office.

Note: If you elect to drop optional life, dependent life or long term care insurance while on FMlA, you have the option ofre-electing these insurance benefits. However, you will be reguired to go through medical underwriting for insurancebenefit reinstatement. If approved, the reinstatement will be effective the first of the month following underwritingapproval. If you have FSA Dependent Care, your contributions will automatically stop while you are out on unpaidFMlA. Your FSA Dependent Care contributions reinstate upon return to work.

Because your leave does qualify as FMlA leave you will have the following responsibilities while on FMlA leave(only checked areas apply):

0 Contact the County Auditor's Office at 214-653-6431 to make arrangements to continue to make your share of thepremium payments on your health insurance to maintain health benefits while you are on leave. If payment is notmade timely, your group health insurance may be cancelled, provided we notify you in writing at least 15 daysbefore the date your health coverage will lapse, or, at our option, we may pay your share of the premiums duringthe FMlA leave, and recover these payments from you upon your return 10work.

0 You will be required to use your available paid __ sick, __ vacation, __ compensatory, _holidaycredit, and/or __ personal day during your FMLA absence. This means that you will receive your paid leaveand the leave will also be considered protected FMLA leave and counted against your FMlA leave entitlemen!.

0 Due to your status within the county, you are considered a "key employee" as defined in the FMlA. As a "keyemployee," restoration to employment may be denied following FMlA leave on the grounds that such restorationwill cause substantial and grievous economic Injury to us. We have/__ have not determined that

I restoring you to employment at the conclusion of FMlA leave will cause substantial and grievous economic harmto us.

0 While on leave you will be required to furnish us with periodic reports of your status and intent to return to workevery (Indicate interval of periodic reports, as appropriate for the particular leave situation).

If the circumstances of your leave change, and you are able to return 10 work earlier than the date indicated onthe reverse side of this form, you will be required to notify us at least two workdays prior to the date you intendto report for work.

If your leave does qualify as FMlA leave, you will have the following rights while on FMlA leave:

• You have a right under the FMlA for up to 12 weeks of leave in a 12-month period calculated as the 12-month

Form HR/CS #15 (07/2009)

66

period measured forward from the date of your first FMLA leave usage.

• You have a right under the FMLA for up to 26 weeks of ieave in a single 12-month period to care for a coveredservice member with a serious injury or illness. This single 12-month period commenced on

(date).

• You have a right to maintain or temporarily drop your health benefits during any period of unpaid leave. You canelect to temporarily drop insurance benefits and deductions for employee and dependents during the leave andreinstate them upon returning to work. However, if you elect to continue insurance benefits and deductions foremployee and dependents you must remit timely payments for all such benefits and coverages as specified by theAuditor's Office. If you elect to temporarily drop insurance benefits and deductions for dependents only during theleave and reinstate them upon returning to work you will retain all of you insurance benefits and will remit timelypayments as specified by the Auditor's Office.

• You must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions ofemployment on your return from FMLA-protected leave. (if your leave extends beyond the end of your FMLAentitlement, you do not have return rights under FMLA).

• If you do not return to work following FMLA leave for a reason other than: 1) the continuation, recurrence, or onsetof a serious health condition which would entitle you to FMLA leave; 2) the continuation, recurrence, or onset of acovered service member's serious Injury or illness which would entitle you to FMLA leave; or 3) othercircumstances beyond your control, you may be required to reimburse us for our share of health insurancepremiums paid on your behalf during your FMLA leave.

Department Name: Department Contact Person:

Form HRiCS #15 (07/2009)

67

Subdivision VII. Leave of Absence"

*Editor's note: Ord. No. 2004-2097, adopted Nov. 16, 2004, amended art. VII, div. 2,subdiv. VII in its entirety to read as herein set out. Prior to amendment, art. VII, div. 2,subdiv. VII, §§ 82-471--82-474, pertained to certain leave without pay and derived fromthe Administrative Policy Manual, § B(3.31--3.34); and Ord. No. 2002-1977, adoptedOct. 29, 2002.

Federal law reference-- Family and Medical Leave Act, 29 USC 2601 et seq.

Sec. 82-471. Administrative discretion; guidelines.

Definition. A leave of absence is an officially approved temporary suspension ofemployment designed to allow the county to meet its critical business functions whileassisting employees who encounter special circumstances that necessitate an §! limitedextended period of time away from the job, excluding Family and Medical Leave (FMLA)and Military Leave.

A. It is generally discouraged because it deprives a department of neededstaffing. However, a reasonable request for such leave will be carefullyconsidered:

fh It shall not extend beyond 90 continuous days;

b An authorized leave of absence is a matter of administrative discretionand no employee may demand that such leave be granted; and

D. Elected official/department heads may grant such leave without approvalfrom commissioners court however, notification to commissioners court isrequired.

Sec. 82-472. Employee eligibility.

An employee's eligibility to request a leave of absence is based on tho follOWingcriteria: Only full-time regular, non-grant funded employees with more than 6 months ofcontinuous service are eligible to request a leave of absence.

6. If the elected official/department head desires elects to grant §! leave ofabsence to employees in their first six months of regular, full-timeemployment or to grant funded employees, and temporary/part limeemployees may request an exception from commissioners court shouldthey desire to allow such employees 10 lal~e a leave of absence. theelected official/department head must submit a request for an exceptionto commissioners court for authorization.

~. To facilitate an exception to policy, The elected official/department headsflaJI should forward a the written request to human resources/civilservice department for briefing to the commissioners court for approval.

(2) Elected officials/department heads with employees in their first six monthsof regular, full time employment, grant funded employees and temporary/parttime employees may request an exception from commissioners court should they

K:\Policles\Pending and Proposed\FY2009\Leave of Absence Policy072409.docPage 1 of9

68

desire te allow such employees to talle a leave of absence; and

(3) Under no circumstances shall the leave of absence exceed 90 days oruntil the end of the grant funding, whichever comes first. These employees maytake "'MLA and military leave if they meet the eligibility requirements outlined inapplicable county policies. language moved to the Return to Work,requesting an exception, at section 82-480BH.

(4) Employees in the sheriff's department should sonsult their departmentalgeneral orders.

(Ord. No. 2004-2097, 11-16-2004)

Sec. 82-413. Reasons for granting.

An employee may be granted a leave of absence for the following reasons:

(1) For the recovery from an illness or disability not believed to be of apermanent or disqualifying nature, after the exhaustion of family andmedical leave;

(2) When return to work would threaten the health of others;

(3) When the service to be performed would contribute to the public welfare;

(4) To provide necessary care for a family member as defined in the county'ssick leave policy who is ill or incapacitated; or

(5) To participate in a training program or obtain educationalachievement that will increase job ability or qualify an employee foradvancement within the county.

(Ord. No. 2004-2097,11-16-2004)

Sec. 82-474. Time limitations.

The foliowing time limitation guidelines shall apply to an authorized leave ofabsence:

A Such leave ffia.l! granted by the elected official/department head shall notexceed 90 continuous calendar days and can only be granted every 24months from the date the last leave 'Nas granted ended. without approvalfer an extension from commissioners court; For example,

Emplovee A's Family and Medical Leave ended on May 1st and sherequested an additional 90 days to complete her recuperation. Thedepartment head approved the additional 90 days which began on May1s

' and ended on August 1s'. Once the 90 days leave period was

exhausted on August 1s', the employee will not be eligible for leave ofabsence for 24 months from the August 1st date.

B. The time period of 90 days of leave of absence is continuous and iscounted as a single period of time whether the employee is outcontinuously all 90 days or is out for any period of time during the 90 dayperiod. It must be continuous., unless otherwise approved by the elected

K:\Policies\Pending and Proposed\FY2009\Leave ofAbsence Policy072409.docPage2 of9

69

official/department head; The emphasis is on the time period and not thenumber of days utilized by the employee. For example,

Emplovee B's Familv and Medical Leave ended on Mav 1st and theemplovee requested addllional leave for medical treatments that wouldrequire him to be absent from work for one dav per week from Mav 1st toJulv 15th. The department head approves the leave of absence for thisperiod. However, if the emplovee needs additional time after Julv 15th

,

Ihe department head has the aulhoritv to extend the leave of absencethrough August 1". On August 1st

, the leave of absence will end eventhough the emplovee may have onlv used 13 days during the 90-davperiod.

Sec. 82-475. leave of Absence Terms and Conditions.The following terms and conditions shall apply:

A. Such leave 11 may be paid or unpaid, depending on the employee's leaveaccrual balances, compensatory time balance, workers' compensationand 52e status, etc. For more details on utilization of leave, see section82475;

ill Paid leave continues to accrue while employees are on paid leavedue to vacation, sick leave, and compensatory time.

m Paid leave does not accrue while on workers compensation orunpaid leave.

B. Employees shall be reguired to use appropriate accrued leave balance(s)including compensatorY time during the leave and the time shall runconcurrently. VVhen an employee is placed on a leave of absence,appropriate accrued balance(s) and compensatory time must be utilizedduring the leave and the time runs concurrently For example, if theemployee is out due to his, or a qualifying dependent's, illness (see sickleave policy), then the employee may shall utilize sick, holiday credit,vacation leave, and compensatory time. However, if the employee takesa leave of absence to attend college, the employee !!!:ill: shall only utilizevacation and compensatory time accruals. Compensatory time iscounted as part of a leave of absence.

C. Medical coverage and other benefit options elected by the employee willcontinue as long as the employee is on paid leave of absence. If onunpaid leave of absence, employees must pay their premiums as well astheir dependent's premiums to maintain medical coverage and otherbenefit options such as dental, life, AD&D, and dependent life. SeeSection 82-441 through Section 82-446 for more information.

.IL Unpaid leave of absence will result in a "break in service" for purposes ofparticipation and vesting under the Texas County and District RetirementSystem (TCDRS).

t;. A leave of absence must be taken after Family and Medical Leave (ifapplicable); aM

K:\PoHcies\Pending and Proposed\FY2009\LeaveofAbsence Policy 072409.docPage 3 of9

70

E. Employees are not allowed to work another job while on a leave ofabsence, unless specifically approved by the elected official/departmenthead;

G. Employees are subject to the same code of conduct and can beterminated for violation of the codes or departmental policies;

.!:!. Employees must work cooperatively with the department;

1. Employees must provide all required documentation, and

4. Employees must return to county employment within 48 hours or twoworking days should the circumstances for which they were granted theleave of absence change.

(Ord. No. 2004-2097, 11-16-2004)

Sec. 82-476. See. 82 474. Requests; authorization. Submitting a reguest;authorization. To request a leave of absence the following procedures shallbe followed:

A. The employee must timely complete and submit the "Request for leave ofAbsence Form, (HR/CS # ) to the elected official or department head forconsideration as soon as he knows of the need for the leave or within 48 hoursafter learning of the need for the leave. If there is an emergency, the employeeshall notify the supervisor on the next working day or follow the notification rulesof his department.

fL Under certain circumstances, such as No. 2 in section 82 473, The electedofficial/department head has the right to initiate a leave of absence for anemployee when in its sale judgment, such a leave is appropriate. Such leavemust be requested by the employee in compliance with the procedures outlinedin section 82 476 and approved by the elected official or department head andcommissioners court (via a court order).

C. If the leave of absence is not approved by the elected official or departmenthead, the absence may subject the employee to the application of other countypolicies, e.g., time and attendance, disciplinary action, etc. Failure to properlynotify may result in disciplinary action, up to and including termination forviolation of the county attendance policy.

Sec. 82-477. Department's response to request.

The elected official/department head shall:

A. Respond in writing to the employee via the Request for leave of Absence Form(HR/CS #30) indicating whether the leave request is granted or denied.

fL Complete and submit a personnel court order to the Auditor's Office forprocessing to human resources/civil service and commissioners court if theemployee's request for leave of absence is approved. AA:l leave of absence isnot authorized until a personnel court order has been submitted to and approvedby commissioners court. Requests to commissioners court for a leave ofabsence t!jJ-le of 90 days will be received and processed by the humanresources/civil service department as routine county business.

K:\Policies\Pending and Proposed\FY2009\leave ofAbsence Policy 072409,docPage 4 of g

71

C. Place the employee on leave effective the first day of the absence if the leaverequest is approved.

If an employee's request for a leave of absence is approved by the departmentand commissioners court, the employee will be placed on leave effective the firstday of the absence.

D. If a leave request is denied by the elected official/department head, a copy of therequest and the proposed response to the employee indicating why the leaverequest is being denied must be forwarded to the director of humanresources/civil service for review to ensure compliance and me consistency withme county's county policies and procedures.

Sec. 82-478. Status of position While on leave of absence.

A. A position will be held open for an employee during an authorized leave ofabsence; however, if the position is eliminated due to a reduction in force or othersignificant business reasons, the county cannot guarantee reinstatement at theend of the leave period.

B. A leave of absence, paid or unpaid, as well as any and all unpaid time, will not becounted as time worked for purposes of merit increases, step increases,promotional increases, etc. This provision also applies to employees who are onworkers' compensation and/or 52e. However, if the county makes salary/benefitmodifications to all employees or to employees in the injured or absentemployee's specific job category, then the employee may be impacted by thesechanges, if all specified requirements are met. language moved fromAdministrative discretion; guidelines.

Sec. 82-479. Payroll and recordkeeping.

A. The payroll division of the auditor's office will monitor all leave time and notify thehuman resources/civil service department of possible non-compliance withpolicy. The human resources/civil service department will work with thedepartment to resolve any non-compliance issues; however, if it is unable to doso, commissioners court will be briefed for final resolution .

.!2.c Due to the inability of the auditor's office to pay employees without a court orderfor extended periods of time away from the job, (even those with accrualbalances), a department's failure to process a personnel court order may result inthe employees not being paid timely.

See. 82 474. Requests; authorization.

An employee requesting a leave of absence shall:

(1) If planned, notify the supervisor and submit a request for sush leave assoon as he kno'....s of the need for the leave or within 48 hours afterlearning of the need for the leave. If there is an emergency, the employeeshall notify the supervisor on the next working day or follow thenotification rules of his department. (Under certain circumstances, suchas NO.2 in section 82 473, the elected official/department head has the

K:\Pollcies\Pending and Proposed\FY2009\leave ofAbsence Policy 072409.docPage5 of9

72

ri§ht to initiate a leave of absence for an employee .....hen in its solejUdgment, such a leave is appropriate). Such request must state when theleave of absence is expected to begin and end and previde a briefexplanation of the need fer such leave. Failure to properly notify mayresult in disciplinary action, up to and including termination. languagemoved to Sec. 82-476 A, B, ami C.

(2) No leave of absence ic authorized until a court order has been submittedto and approved by commissioners court. All requests for leave ofabsence must be in writing and presented to the appropriate electedofficial/department head. Each request must state when the leave isexpected to begin and end and contain a brief explanation of need ferleave. If an employee's request fer a leave of absence is a13proved by thedepartment and commissioners court, the employee 'Nill be 13laced onieave effective the first day of the absence. language moved to Sec.82-477 Band C.

(3) fJlJe to the inability of the auditor's office to pay employees ,....ithout a courtorder for extended periods of time away from the job, (even those withaccrual balances), a de13artment's failure to wocess a court order mayresult in the em13loyees not being paid timely; language moved to thepayroll and record keeping section 82-479 B.

(4) When a leave of absence is requestml, the elected official/departmenthead should respond in writing to the em13loyee indicating whether theleave request is granted 0:- denied. If a leave request is denied by theelected official/department head, a c013Y of the request and the 13ro13osedresponse to the employee indicating why the leave request is beingdenied must be forwarded to the director of human resources/civil servicefor review to ensure com13liance and the consistency "''lith the county'spolicies and 13rocedures. language moved to Sec. 82-477 A and D.

(5) The payroll division of the auditor's office will monitor all leave time andnotify the human resources/civil service department of 1J0ss/ble noncomlJliance with policy. The human resources/civil service delJartment willwork vlith the department to resolve any non compliance issues;however, if it is unable to do so, commissioners court will be briefed forfinal resolution. language moved to the payroll and recordkeeplngsection 82-479 A.

(Ord. No. 2004-2097, 11-16-2004)

Sec. 32 476. Processing requests.

Requests to commissionors court for a leave of absence up to 90 days, based onsection 32 473, will be received and processed by the human resources/civil servicede13artment as routine county business. If a requost is made by the department for aleave of absence in excoss of 90 days or fer roasons outside of policy, these requestsmust be forwarded to the human resources/civil service department fer briefing tocommissioners court for approval. Unless commissioners court approves the extensionor exce13tion, the employee shall be terminated if he does not return to work at the end ofthe previously authorized leave. language moved to department's response to

K:\Policies\Pending and Proposed\FY2009\Leave of Absence Policy072409.docPage6 of9

73

request, Section 82-4778 and employee eligibility at Section 82-4728.

(Ord. No. 2004-2097, 11-16-2004)

See. 112 477. Sec. 82-480. Return to-wer*-after from leave of absence.At the end or expiration of the approved leave of absence, the employee has the

following options:

A Return to work as scheduled on or before the end of the gO-day leave ofabsence period. When returning to work after a leave of absence, thefollowing guidelines shall apply:

(1) Employee shall provide the supervisor two business days notice ofintent to return to work, if feasible;

(2) Employee must provide fitness for duty certification from hisphysician stating the employee is able to return to work andperform all job duties with or without accommodations. if the leavewas due to the employee's own illness;

ru Employee must receive medical clearance from the county'semployee health center, if an the employee (excludes Sheriff'sDepartment law enforcement employee) has been absent fromwork more than 45 days due to an illness or injury. , then the;

If a law enforcement employee of the Sheriffs Department hasbeen absent from work more than 30 days due to an illness orInjury, then the employee must receive medical clearance from thecounty's employee health center.

f21 If an employee is injured on the job, and at the end of the leave;

a, the employee is unable to perform the essentiai funGlionsof his position with or without accommodations; however,

l:l. the employee Is able to perform "light duty assignments";\hen

ill If an employee Is Injured on the job, and at the end of the leave ofabsence the employee is unable to perform the essential functionsof his position with or without accommodations but is able toperform "light duty assignments"; then:

i:h c- at the discretion of the elected official/department head,"light duty assignments" may be provided for up to 45days; however,

Q. 4- at the end of the 45 days, If the employee is still not able toperform the essential functions of his position with orwithout accommodations, the employee will be terminated,unless the elected official/department requests and receiveapproval for an extension of the leave from commissionerscourt.

For example, employee "A" was Injured on the job while

K:\Policies\Pending and Proposed\FY2009\Leave of Absence Policy 072409.docPage 7 of 9

(4

restraining a youth in the detention center. The employeewas released to return to work with restrictions that preventhim from working in detention. The department head mayassign the employee to a clerical position for up to 45days.

Once the 45 day light duty assignment has ended, if theemployee remains unable to perform the essentialfunctions of his position with or without accommodations.he will be terminated unless additional leave time has beenrequested by the department head and approved bycommissioners court.

c. All decisions to terminate at the end of a leave of absencewhen an employee is unable to return to work and performthe essential functions of his position must be reviewed bythe human resources/civil service director for compliancewith the Americans with Disabilities Act (ADA).

B. If an employee is unable to return to work at the end of the leave ofabsence and requires additional leave, the employee may request anexception to policy to the elected official/department head andcommissioners court. If the employee's injury or illness is not an on-thejob injury/illness. and the employee is not able to perform the essentialfunctions of his position with or without accommodations, the followingguidelines shall apply:

a. the employee has requested an extension of the leave"light duty assignments" are not eRly available toemployees injured on the job") for non-work relatedillnesses or injuries; and

b. the elected official/department head chooses not torequest an extension of the leave, or if requested,commissioners court does not approve an extension of theleave of absence, the employee will be terminated; and

c. Employees who are unable to return to work and performthe essential functions of their positions with or withoutaccommodations are encouraged to contact theirdepartmental HR representative or the county's HR/civilservice department to apply for other positions within theirdepartment or the county and/or the county's long-termdisability insurance program. For example,

Employee "B" was injured while off-duty while playingfootball. The employee was released to return to work withrestrictions that prevent him from working as a BuildingMechanic. Light duty assignments are not available fornon-work related illnesses or injuries. The employee mustreceive approval for an extension of leave from the electedofficial and commissioners court or be terminated.

d. Under no circumstances shall the leave granted as anexception to this policy by commissioners court and/or the

K:\Policies\Pending andProposed\FY2009\leave of AbsencePolicy 072409.docPageBof9

75

sheriff's department civil service commiSSion exceed anadditional 90 days or until the end of grant funding (ifapplicable), whichever comes first.

~. If the employee does not return to work on or before the end of the 90day leave of absence period and does not request a leave of absenceextension, the employee's termination will be considered a voluntaryresignation with no right to appeal, if covered under the civil servicesystem. The following guidelines shall apply to resignations.

(1) Ensure the employee has resioned with no intent to seek anexception to policy and request a written resignation letter fromthe employee;

(2) Forward a general notice of separation aiong with a copy of theseparation notice to the employee with a written request to returnall county equipment, keys, etc. in the employee's possession:and

(3) Process the Notice of Separation form via the humanresources/civil service department. payroll hotline, and countytreasurer's office.

(Ord. No. 2004-2097, 11-16-2004)

Sec. 82 478. 82-481. Right of appeal.

If a nonprobationary, regular civil service covered employee is terminated underthis policy, he may utilize the grievance process, provided that he meets the filingdeadline. Such appeals should be filed with the secretary to the civil service commission.Sheriffs department employee appeals should be filed with the sheriffs department legaladvisor.

(Ord. No, 2004-2257, 12-14-2004)

Sees. 82-479--82-500. Reserved.

K:\Poticies\Pending andProposed\FY2009\LeaveofAbsence Policy 072409.docPage 9 of 9

76

REQUEST FOR LEAVE OF ABSENCE

Department Name: Department Contact Person: Telephone Number:

I Employee Name: Employee's Job Title: Regular Work Scheduie:

I

Please Check One:o Leave of Absenceo Extended Leave of Absence

Reason for Request: (Select one)

0 For the recovery from an illness or disability not believed to be of a permanent or disquaiifying nature,after the exhaustion of family and medical ieave:

0 When return to work wouid threaten the health of others:

0 When the service to be performed would contribute to the public welfare:

0 To provide necessary care for a family member as defined in the county's sick leave policy who is illor incapacitated:

0 To participate in a training program or obtain educational achievement that will increase job ability orqualify an ernolovee for advancement within the county:

Requested Leave Period:

Start Date (or expected start date): Return Date (or expected return date):

Please provide reason(s) for leave checked:

Note: A medical reason requires a doctor's slip indicating the start and expected return of the leave.Prior to your return you will be required to obtain medical clearance from the county's employee healthcenter.

Employee Signature: Date:

__ LEAVE APPROVED LEAVE DENIED

Comments:

SIGNATURE OF ELECTED OFFICIAl/DEPARTMENT HEAD:

Received byDepartment: (Date): _

DATE:

Form HRICS #30

August 18,2009

TO:

FROM:

77

DALLAS COUNTYPURCHASING DEPARTMENT

The Honorable Commissioners Court

Linda Boles, Assistant Purchasing Agent

C()~41~\'mN~%~N,!duRr09h II 4HlhSS

SUBJECT: Request for Proposals for Election Help Desk System and SupportServices

BackgroundlIssueA request for proposals has been written seeking solicitations from firms to provide Dallas County with aHelp Desk System and Support Services for the County Election's Department. The purpose of thisbriefing is to request authorization to proceed with soliciting requests for this project.

Operational ImpactThe intent of the solicitation is to procure a web-based help desk system that will allow County Electionpersonnel to track, problem solve and report telephone calls that come into the Elections phone bank in anmore efficient and timely manner. The rating criteria and points assigned are as follows:

CriteriaI. Company ProfileII. Financial ConsiderationsIll. TechnicallMethodology approach,

implementation plan and time lineIV. MIWBE Compliance/Participation

Total

Maximum Points Allotted1530

4015100

The scoring committee will include representatives from the following county departments: Elections (2),IT (1), Budget (1) and Communications/Central Services (1). The MIWBE Coordinator will solely scorethe MIWBE participation forms.

RecommendationIt is the recommendation of the Purchasing Department that the Commissioners Court approve theattached Request for Proposals for an Election Help Desk System and Support Services and authorizes thePurchasing Department to advertise solicitations immediately in accordance with Local GovernmentCode 262.030 and Dallas County's established High Technology Policy and Procedures.

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

509 Main Street, Suite 623, Dallas, Texas 75202(214) 653-6500* fax (214) 653-7449

[email protected]

78

DALLAS COUNTYPURCHASING DEPARTMENT

DAllAS COUNTCOHMISSIDNERSCc!uRT

09 aUS" AnU: 55

August 18, 2009

TO: Commissioners Court

THROUGH: Linda S. Boles, Assistant PurchasingAge~FROM: Gloria Torres, Senior Buyer

SUBJECT: Bid No. 2009-100-4521 Purchase of Automated DNA Electrophoresis &Quantitation Instrument

BackgroundDallas County Commissioners Court authorized the Purchasing Department to open BidNo. 2009-100-4521 Purchase of Automated DNA Electrophoresis & QuantitationInstrument on August 3, 2009. This instrument will be used by the Medical Examiner'sOffice to perform post-amplification sizing and quantification ofPCR amplified DNA asa preliminary step in sequencing mitochondrial DNA for forensic applications. ThePurchasing Department received two (2) bids from the following firms: AgilentTechnologies, Inc. and Caliper Life Sciences, Inc. The purpose of this briefing is tomake a recommendation of award to the lowest compliant bidder.

Operational ImpactThe bid specifications require that the instrument must be able to analyze a minimum of96 samples from a 96-well sample plate in 1.5 hours or less. The equipment bid byAgilent does not include an accessory for automated or robotic sample loading ofsamples from a 96-well microtiter sample plate. Their proposal includes twoinstruments, each with a capacity of24 samples per hour which do not meet the County'sminimum sample requirement. The next low bidder is Caliper Life Sciences, whoseinstrument is compliant with the specifications.

Financial ImpactThe table below provides a summary ofthe total bid amounts for each ofthe vendors.The cost difference is $42,236.60. Funding for this equipment is available from grantfunds (466.0.8610.2008.0.0.3400.0).

Vendor Proposed Cost

Azilent Technologies, Inc. $ 52 763.40Caliper Life Sciences, Inc. $96000.00

509 Main Street, Suite 623, Dallas Texas 75202-3340(214) 653-7431 • Fax (214) 653-7878 • [email protected]

79

Legal ImpactLocal Government Code 262.027(c) requires notification to vendors who propose a lowerprice and meeting specifications. A letter has been faxed and mailed to AgilentTechnologies informing them ofthis recommendation

RecommendationThe Purchasing Department, in conjunction with the Medical Examiner's Office,recommends that Commissioners Court approve the award ofBid No. 2009-100-4521Purchase of Automated DNA Electrophoresis & Quantitation Instrument to Caliper LifeSciences, Inc., at a cost of $96,000.00 as the lowest and best bidder meeting DallasCounty specifications.

c: Cathy Self, Medical Examiner's OfficeDr. Timothy Sliter, Medical Examiner's Office

80

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

Date:

To:

Through:

From:

Subject:

August 18,2009

Members of the Commissioners Court

R~Brown, Budget Officer

Cori Thomason, Budget and Policy Analyst

E-Accident Report System

o\0

Impact on Operations 111"!_Currently, a citizen who wishes to obtain an accident report must request the report in persoJi.the Sheriffs Office and pay in cash only. If approved, citizens will be able to visit a secure =website anytime and purchase the report using their credit or debit card. ...

IX

Accident reports will be completed by officers in the field and reviewed by supervisors in the'!exact same manner as is currently in practice. Approved reports will be immediately available.the E-Commerce Solution upon approval. If a citizen wishes to purchase a report, they will berequired to provide at least two of the following pieces of information: accident date, road onwhich the accident occurred, service number or last name of a person involved in the accident.

BackgroundThe Sheriffs Office has submitted a proposal to allow online access of accident reportsgenerated, as this option is not currently available. The purpose of this briefing is to present theproposal to the Commissioners Court for approval. 0

o~:Xl>'~.r-

.~~]>0(1):z;..,,0;X>0U1~n .....go<:;x;.....

After entering this information, matching records will appear on the screen in a table format withkey information to assist in ensuring the correct record has been located and selected. The userwill then click the "Buy" button and be required to provide credit card information with billingname and address along with a valid email address. This information will be processed throughthe existing merchant account as pre-approved by Dallas County Commissioners and the DallasCounty Treasurer's Office (currently Cybersource).

Upon a successful transaction, the citizen will be able to download the report in .pdf format, Thedepartment will maintain the ability to mark an accident report in such a manner as to prevent itfrom being available for online sale.

Acknowledging that not everyone has access to today's technology, the Sheriff s Office willcontinue to offer the sale of accident reports to those without access to a computer. Supplementalreports may be obtained on the day that the primary report is purchased or any day thereafter.

411 Elm Street - 3rd Floor. Dallas Texas 75202-3340(214) 653-6386. Fax (214) 653-6517. [email protected]

81

Financial ImpactThere will be no up front cost to the County. Indico would absorb development costs of thesolution in return for the collection of a processing fee of $2.00 per report. There would be noannual maintenance fees because of new licensing or enhancements. In addition, the Sheriff sOffice suggests charging a $6.00 fee for reports instead of the $4.00 fee now charged resulting in$6,700 of additional revenue based on the number of accident reports sold in FY08.

Strategic Plan ComplianceThe implementation of the IT Security Access Control Policies will support Vision I: Dallas Countygovernment is a model interagency partner. Vision 1 indicators include, adopt customer friendlyrules and policies and increase e-business capacity across county offices and departments.

RecommendationThe Office of Budget and Evaluation recommends Commissioners Court approve the ServiceAgreement for Public Web Access for the purchase of compiled vehicle accident reports and that theCounty Judge be authorized to sign all related documents. It is further recommended that theCommissioners Court approve the additional $4.00 fee for accident reports ($2.00 fee increase and$2.00 processing fee for accident reports obtained online).

August 12, 2009

TO:

THROUGH:

FROM:

SUBJECT:

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

Commissioners Court

RyUrown, Budget Officer

Office of Budget and Evaluation Staff

Hiring Freeze Exceptions

The following departments have requested exceptions to the hiring freeze. Additionaldocumentation is available for further reference.

Juvenile - RecommendedThe Juvenile Department requests a hiring freeze exception for one Psychologist Assistant,Grade FM (#3040); one Psychologist, Grade 1M (#2894); one Drug Intervention Specialist,Grade EE (#8430); and one Juvenile Probation Officer, Grade EE (#7545). These positions willbe necessary to implement the new Residential Treatment Programs that were included as part ofthe Juvenile Department's budget reduction strategies. The cost to fill the PsychologistAssistant, Grade PM position is $13,357 in salary and benefits. The cost to fill the Psychologist,Grade 1M position is $18,057 in salary and benefits. The cost to fill the Drug InterventionSpecialist, Grade EE is $11,983 in salary and benefits. The cost to fill the Juvenile ProbationOfficer, Grade EE position is $11,942 in salary and benefits. Total cost to fill all four positionsis $55,338 in salary and benefits. Request is to be granted retroactive to the start of the payperiod beginning August 15,2009.

Juvenile - RecommendedThe Juvenile Department requests authorization to fill one Trainer I, Grade 12 (#9989) position.One Trainer II position has already been utilized to assume the duties of the recently vacatedOffice Services Supervisor Position, and the remaining Teacher I position has been promotedleaving the unit with no trainer positions. Cost of filling the Trainer I, Grade 12 position is$9,009 in salary and benefits. Request is to be granted retroactive to the start of the pay periodbeginning August 15,2009.

County Auditor - RecommendedThe County Auditor requests authorization to fill one Grant Audit Coordinator, Grade I (#8599)position. The position is critical the Grants Section operations as the County Auditor begins theFY2009 year end closing, single audit interim reporting and external audit review.

411 Elm Street - 3rd Floor, Dallas Texas 75202-334'0

(214) 653-6363. Fax (214) 653-6517. [email protected]

83

Information Technology Services - RecommendedInformation Technology Services Department requests exception to hiring freeze to fill aSenior SQL Database Administrator position Job Grade NM.E.ET, Job Code 7000700, Position6644. The position was recently vacated due to a voluntary resignation. The Senior SQLDatabase Administrator position is mission critical because the services provided is for theCriminal Justice applications, specifically ns and 1M. The Senior SQL Database Administratoralso supports the Community Services, Forensics, and Jail Property with additionalresponsibilities for 2nd Tier rotating support for all SQL-based systems which includes AIS andOdyssey.

District Attorney's Office· Recommended

District Attorney's Office requests the following hiring freeze exceptions:

o The District Attorney's Office is requesting hiring freeze exceptions in order to fill tworecently vacant Assistant District Attorney1(ADA I) position number 3326 and AssistantDistrict Attorney II (ADA II) position number 5936 - Misdemeanor Division due tothe promotion of the incumbent.

o The District Attorney's Office is requesting hiring freeze exception in order to fill a recentlyvacant Assistant District Attorney (ADA HI) position number 3298 Check Divisiondue to the resignation of the incumbent.

o The District Attorney's Office is requesting hiring freeze exceptions in order to fill tworecently vacant Assistant District Attorney (ADA V) position number 3475 and AssistantDistrict Attorney VI (ADA VI) position number 3387 - Specialized Crime Divisiondue to the promotion I resignation of the incumbents.

County Clerk· RecommendedThe County Clerk requests a hiring freeze exception for positions in the criminal section to assistin providing direct support to the criminal courts. The request is for the following positions:

Position 555 - Clerk IlPosition 620 - Clerk IlPosition 590 - Clerk IIIPosition 655 - Clerk III

Also, The County Clerk requests a hiring freeze exception for a Cashier II position (#600) toassist in the collection of funds in the probate section and for an Office Support position (#9279)in the mail room to ensure that all county clerk mail is processed in a timely manner.

B4

Health ana Human Services· RecommendedThe Health & Human Service Department requests a hiring freeze exception in order to fill arecently vacant Caseworker I (Grade CC) position (#3002) - Welfare Division due to theresignation of the incumbent.

The Health & Human Service Department requests hiring freeze exceptions in order to fill arecently vacant Clerk I (Grade 5) position (#2927) - STD Clinic due to the resignation ofthe incumbent.

Facilities, Quality Assurance· RecommendedFacilities, Quality Assurance requests exception to the hiring freeze to fill the following vacantpositions:

4· Grade 7 Maintenance Tech. Position Nos. 5958, 4067,1077, and 49871 - Grade 9 Welder Position No. 10961 - Grade 9 AlC Mech. Position No. 10511 - Grade 9 Electronics Tech. Position No. 1102

85

August 18, 2009

MISCELLANEOUS

1) FACILITIES MANAGEMENT - requests approval:

a) at the request of Texas Health Steps Coalition to meet once a monththroughout the year in 2010 at the Health & Human Services Building.The Health & Human Services Administration office has concurred andthe meeting dates do not present any conflict. Texas Health StepsCoalition is requesting the following schedule:

January 12February 9March 9Aprill3May 11June 8

July 13August 10September 14October 12November 9December?

b) a discretionary exemption to the competitive procurement process asallowed by Local Government Code Chapter 262.024(a)(3) due tounforeseen damage to public property. Emergency work at the Health &Human Services Building is needed to waterproof existing electricalconduits entering the building at the basement level that are currentlycausing flood damage. The estimated cost is $52,100, with fundingavailable from general maintenance.

2) COMMISSIONERS COURT ADMINISTRATION - requests approval towaive the insurance requirements for Carl R. Griffiths & Associates, Inc. for theperiod May 5, 2009 through July 23, 2009. The consultant had general liabilitycoverage in effect at the time of the execution of the contract but had to obtainprofessional liability and workers compensation coverage from another carrier. Inaddition, due to the large number of subcontractors utilized by the firm, aninterpretation by the State Board of Insurance was needed to finalize the workerscompensation coverage. Professional liability was obtained on July 8, 2009 andworkers compensation was obtained on July 24,2009.

(COURT ORDER ON FORMAL AGENDA)

08118/09

86

3) DISTRICT CLERK - requests approval to allow Leonard Blackwell,Trust/Accounting Manager to attend the Texas Association of Counties 2009County Investment Officer Training in Austin, October 4 - 10, 2009. The trainingis designed to assist in managing registry funds for the Trust Department. Thetotal cost is $1,131.00. Funds are available in the District Clerk's DDA account.Recommended by the Office of Budget and Evaluation.

Leonard BlackwellRegistration - $395Hotel - 6 days x $85 per day = $510Meals -5 days x $35 per day = $1751 day x $20 per day = $20Mileage - 388 miles x .55 per mile = $213

4) PLANNING & DEVELOPMENT (CDBG) - requests approval to allowRosalinda Adame, Replacement Housing Coordinator to attend the CertifiedHOME Program Specialists Training Class offered through U.S. Department ofHousing and Urban Development, September 29 - October 1, 2009. Training isrequired. Funding is available within the grant funds (466.0.2050.2009). Thetotal cost is $622. Recommended by the Office of Budget and Evaluation.

Hotel: 3 nights x $83 per day = $249Meals: 2 days x $35 and Yz day@$17.50=$87.50Mileage: 410x .55 per mile = $225.50Parking - $20 per day @ 3 = $60

5) PUBLIC WORKS - requests approval for D'Juan Harris, GIS Technician toattend the Down and Dirty Tricks Tour Seminar offered by Kelby TrainingSeminars in Arlington, Texas on August 21, 2009. Funding in the amount of $99for registration is available in 120.2010.2230 (Public Works, DDA-SpendableBalance).

6) CONSTABLE, PRECINCT NO.3 - requests approval to except into inventoryten (10) donated Taser guns.

08118/09

87

7) IT SERVICES - requests approval to:

a) purchase four hands-on-lab-intensive Release 12 Extend OracleApplications: Building OA Framework Applications (5 day class) fromOracle University for $3,750.00 each. While this course covers thefundamentals that support OA Framework-based applications it alsoteaches J2EEE programming. The students will create an OA Frameworkbased application that selects, inserts, updates, and deletes data from a R12Oracle Applications instance. In response to development andmaintenance solutions for Oracle, this class is proposed as a need toaddress the current challenges for further development and maintenance ofthe Oracle application. A total cost of $15,000.00 is requested for theclass, funding source Major Technology - Unallocated Reserves to betransferred to the department's training account. Recommended by theOffice ofInformation Technology.

b) purchase three instructor-lead classes for Release 12 Oracle: Install, Patch,and Maintain Oracle Applications (5 day class) from Oracle University for$3,750.00 each. This course explains how to go about installing andmaintaining an Oracle Applications Release 12 system. In response todevelopment and maintenance solutions for Oracle, this class is proposedas a need to address the current challenges for further development andmaintenance of the Oracle application. A total cost of $11,250.00 isrequested for the class, funding source Major Technology - UnallocatedReserves to be transferred to the department's training account.Recommended by the Office ofInformation Technology.

c) purchase two instructor-lead classes for Release 12 Oracle ApplicationsSystem Administrator Fundamentals (5 day class) from Oracle Universityfor $3,750.00 each. In this course students learn concepts and functionsthat are critical to the System Administrator role in implementing andmanaging the Oracle E-Business Suite. In response to development andmaintenance solutions for Oracle, this class is proposed as a need toaddress the current challenges for further development and maintenance ofthe Oracle application. A total cost of $7,500.00 is requested for the class,funding source Major Technology - Unallocated Reserves to betransferred to the department's training account. Recommended by theOffice of Information Technology.

08118/09

88

d) purchase two Live Virtual Classes for Release 12 Oracle FinancialsFunctional Foundation - LVC (5 day class) from Oracle University for$3,750.00 each. In this course students will learn how to use Oracle corefinancial applications. They will also learn how information flowsthrough the major tables associated with business functions. In response todevelopment and maintenance solutions for Oracle, this class is proposedas a need to address the current challenges for further development andmaintenance of the Oracle application. A total cost of $7,500.00 isrequested for the class, funding source Major Technology - UnallocatedReserves to be transferred to the department's training account.Recommended by the Office of Information Technology.

e) purchase the following self study CD-ROMs from Oracle University:Oracle9i Discoverer AdministrationOracleBI Discoverer 109: Analyze and Develop a EUL

These CDs teach students how to create and customize the End UserLayer, how to create business areas and folders, and define analyticalfacilities for end users. The cost for the Oracle9i DiscovererAdministration and OracleBI Discoverer 109: Analyze and Develop aEUL CD is $450 each. The total cost for both CDs are $900. In responseto development and maintenance solutions for Oracle, these CD-ROMsare proposed as a need to address the current challenges for furtherdevelopment and maintenance of the Oracle application. A total cost of$900 is requested for the CD-ROMs, funding source Major TechnologyUnallocated Reserves to be transferred to the department's trainingaccount. Recommended by IT Services.

8) DISTRICT ATTORNEY - requests approval to continue paying the following18 full time, 3 part time and 2 intern positions, travel/training support grant 6001pending receipt of the continuation of grant All of the grants listed will endAugust 31, 2009.

VAWAGrant #6000 Protective Order Prosecutors - I ADA IVGrant #6001 Regional Training Coordinator - I Training Coordinator, 2 Internsand continue to schedule the training/travel that goes with this grant.Grant #6016 Collaborative Domestic Violence Project C - I ADA IV, IInvestigator I, I Caseworker, I Legal Secretary

VOCAGrant #6002 Protective Order Case Manager - I Protective Order Manager,2 part time Advocates (l Bilingual)Grant #6007 Collaborative Domestic Violence Project B-2 Caseworkers,I Legal SecretaryGrant #6008 Child's Victim Assistance - I Child Victim Assistant,I part time Child-care provider

08/18/09

9)

to)

11)

89

Fund 421Grant #6009 Collaborative Domestic Violence Project A - 1 ADA V, 1 ADA IH,I Secretary, 1 Protect Order AdvocateGrant #6011 Collaborative Prosecutor Project - 1 ADA IVGrant #6015 Child abuse Court Prosecutor and Investigator - 1 ADA VI Investigator n

TRAVEL REQUESTS

DISTRICT ATTQRNEY - requests approval for Carla Bean to train LawEnforcement, Advocates and Probation offices on the Dynamics of DomesticViolence, Protective Orders and update Family Violence Laws in Midland, Texason August 20-21, 2009: $582.50 is available in Grant Fund, Regional TrainingGrant, Business Travel Account, FY Budget 2009, (00466.1342911-096001.4010.2009).

INSTITUTE OF FORENSIC SCIENCES - requests approval for TerryRobinson, Alvin Finkley and Lori Fuller to attend the 25th Annual IntoxilyzerUsers Group Including Training in Equipment Design and Applications andDevelop DUI Strategies in Las Vegas, Nevada on September 13-17, 2009:$2,497.60 ($825 registration fee) is available in General Fund, Breath AlcoholDepartment, Conference Travel Account, FY Budget 2009,(00120.3313.04210.2009).

OFFICE OF SECURITY & EMERGENCY MANAGEMENT - requestsapproval for:

a) Robie Robinson to attend the EMPA Assessment in Hawaii on October17-24,2009, at no cost to Dallas County.

b) Robert De Los Santos to attend the nth Annual Texas Fire Marshals'Conference in Austin, Texas on October 18-23, 2009: $1,099.23 ($165registration fee) is available in General Fund, OSEM Department,Conference/Staff Development Account, (00120.3340.2050.0000).

c) Christine Y. Jacobs to attend the Center for Domestic PreparednessPandemic Influenza Planning & Preparedness Training in Anniston,Alabama, at no cost to Dallas County.

08/18/09

90

12) PROBATE COURT NO.1 - requests approval for:

a) Judge John B. Peyton to attend the 2009 Annual Judicial EducationConference in Grapevine, Texas on August 31, 2009 through September 2,2009: $290 ($225 registration fee) is available in Escrow Fund, ProbateCourt No.1, Education Fund, FY Budget 2009, (00532.4701.21667.2009).

b) Judge John B. Peyton to attend the Texas College of Probate Judges inDallas, Texas on September 10-11, 2009: $437 ($350 registration fee) isavailable in Escrow Fund, Probate Court No.1, Education Fund, FYBudget 2009, (00532.4701.21667.2009).

c) Beth Miller to attend the Texas College Probate Judges in Dallas, Texason September 10-11, 2009: $377 ($350 registration fee) is available inEscrow Fund, Probate Court No. I, Education Fund, FY Budget 2009,(00532.4701.21667.2009).

13) HEALTH & HUMAN SERVICES - requests approval for:

a) Mary Ortega to attend the Skills for the TB Contact InvestigatorConference in San Antonio, Texas on September 9-10, 2009, at no cost toDallas County.

b) ShaRon Gaut to attend the Skills for the TB Contact InvestigatorConference in San Antonio, Texas on September 9-10, 2009, at no cost toDallas County.

EXCEPTION TO TRAVEL REOUESTSUNLESS SPECIFICALLY OBJECTED TO, ALL ITEMS PRESENTED

AS EXCEPTIONS ARE CONSIDERED TO BE APPROVED

Travel Request with reimbursements going over Dallas County Policy maximumreimbursement schedule:

14) PROBATE COURT NO.1 (Judge John B. Peyton) - requests approval toattend the National College of Probate Judges in Rockport, Maine in September29,2009 through October 4,2009: $1,947.78 ($400 registration fee) is availablein Escrow Fund, Probate Court No.1, Education Fund Account, FY Budget 2009,(00532.4701.21667.2009).

08/18/09

Travel Requests submitted fOr approval after travel had occurred:

15) HEALTH & HUMAN SERVICES -requests approval for:

a) Ira Nemeth to attend the Texas Pandemic Influenza Summit in Austin,Texas on August 8-10, 2009: $380 is available in Grant Fund, PHPDepartment, Training Fees Account, FY Budget 2010,(00466.08723.02460.20 I 0).

b) Dr. John Carlo to attend the Texas Pandemic Influenza Summit in Austin,Texas on August 8-10, 2009: $380 is available in Grant Fund, PHPDepartment, Training Fees Account, FY Budget 2009,(00466.8723.02460.2009).

16) IT SERVICES - requests approval for Brett Taylor to attend the ObervationJCMS Sprint Acceptance and Next Sprint Preparation Process: $382.70 isavailable in Major Technology Fund, IT Services, Business Travel,(00195.1090.4010.0000).

MISCELLANEOUS EQUIPMENT

(1)

(2)

DEPARTMENT:ITEM:

ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT:ITEMS:

4842 Justice of the Peace 4-2 (Whitney)I - HP 4250 Printer Cartridge ($282.50)2- Ink Cartridges for Pitney Bowes ($42.50each)

$368Reserves and Contingency, Furniture andEquipment120.4842.2160.0 (General Fund, JP 4-2,Office Supplies, FY2009)Judge Whitney requests approval topurchase listed items needed to make copiesand print postage. Recommended by theOffice of Budget and Evaluation.

1035 Tax Assessor/Tax Collector60 - Model VS)301 Single Line RetractaBarrier with 7.5 feet belt, with black ABCnon-scuff base and floor protector ($65each) total $3,90015 - Model CAD -81l ($32.50 each) total$487.501- Truck Freight with Lift Gate - $865Oak Cliff Branch -$1,048

08118/09

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

(3) DEPARTMENT:ITEMS:


PROPOSED ACTION:

(til DEPARTMENT:ITEMS:


08/18/09

92

20 - Break room Chairs ($52.40 each)Grand Prairie Branch - $4198 - Break room Chairs ($52.40 each)North Dallas Branch - $62912- Break room Chairs ($52.40 each)

$7,348.50Within Budget120.1 035.2090.0 (General Fund, TaxAssessor/Collector, Property Less than$5.000, FY2009)The Tax Assessor/Collector requestsapproval to purchase listed replacementequipment needed for the listed branches.The break room chairs are requested toreplace broken and damaged chairs. Thestanchions are requested to assist in crowdcontrol to replace broken and damaged polesat the substations. Recommended by theOffice of Budget and Evaluation.

Health & Human Service - OSAP2 - Metal over File with Doors & Shelf$6003 - Utility Table $6002 - Storage Shelves Chrome Wire $6004 - Chairs $6002 - Guest Chairs $300$2,700Within Budget466.0000.02090.2009 Grant Fund, Health &Human Services, Property less than $5,000,FY2009)The Health and Human Service Departmentis requesting authorization to purchase theabove listed items for the OSAP Grant#8400 which was court ordered onDecember 16, 2008 and assigned court ordernumber 2008 - 2374. Recommended by theOffice of Budget and Evaluation

Health & Human Service OSAP4 - Document Scanner - HP Scan Jet 5590$1,0004 - 19' Computer Monitor-Dell $ 860$1,860Within Budget

(5)

(6)

(7)

EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT:

ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 1022ITEMS:


PROPOSED ACTION:



466.0000.02093.2009 (Grant Fund, Health& Human Services, Property less than$5,000, FY2009)The Health and Human Service Departmentis requesting authorization to purchase theabove listed items for the OSAP Grant#8400 which was court ordered onDecember 16, 2008 and assigned court ordernumber 2008 - 2374. Recommended by theOffice of Budget and Evaluation.

Health & Human Service - AIDSSurveillanceHigh Security Locking Key Cabinet$167Within Budget466.0000.02090.2009 (Grant Fund, Health& Human Services, Property less than$5,000, FY2009)The Health and Human Service Departmentis requesting authorization to purchase theabove listed item for the AIDS SurveillanceGrant #8703 which was court ordered onSeptember 9, 2008 and assigned court ordernumber 2008 - 1709. Recommended by theOffice ofBudget and Evaluation.

Facilities Management2 - Truck, Cube, 500 lb, Grainger # 52205,$474 ea.$948Within Budget00120.1022.02090 (Property Less than$5,000)Facilities Management requests to purchasehand trucks for trash removal at Medlock.Recommended by Facilities Management.

Auto Service Center3 Push Bumpers, PB400 for F150 truck,$325 ea. including freight$975Emergency Reserves00120.9910.08620 (CountYWide Vehicles)

08/18109

(8)

(9)

(HI)

(11)

PROPOSED ACTION:



PROPOSED ACTION:



PROPOSED ACTION:



PROPOSED ACTION:

DEPARTMENT: 1022

94

Auto Service Center requests to purchase 3replacement push bumpers. Recommendedby Auto Service Center.

Facilities Management4 - Dayton Brand, Electric Hand Dryer,Automatic 30 second Dry Time, 120 Volt,18 AMP, Catalog Item # IGVI-9, $384 ea.$1,536Within Budget00120.1022.02090 (Propertv Less than$5,000)Facilities Management requests to purchase4 electric hand dryers to be installed at theGarland Government Center, publicrestroom, under work order # 2865.Recommended by Facilities Management.

Facilities ManagementI - Fiber Glass Fish-tape, 3116" x 100',Grainger # 2NXF3, $196.65 ea.$196.65Within Budget00120.1022.02090 (Propertv Less than$5,000)Facilities Management requests to purchaseFiber Glass Fish-tape needed to pull wirethru conduit with existing wires inside. Thistool will be part of the electrician's truck atthe Carpenter's Shop. Recommended byFacilities Management.

Facilities Management2 - 3 x 5 Indoor County Flag with GoldFringe, $87.25 each$174.50Within Budget00120.1022.02090 (Property Less than$5,000)Facilities Management requests to purchaseCounty flags to replace worn out flags atFrank Crowley and George Allen buildings.Recommended by Facilities Management.

Facilities Management

08/18/09

(12)

(13)

ITEMS:


PROPOSED ACTION:

DEPARTMENT: 00195.1090ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 00195.1090ITEMS:


95

I - 3.5 n Color Video Set Standard, Catalog# AJ- JKSIAD, $450.99 each2 - Indoor Door Guard 120 User Catalog #1E-2!2I, $81.50 eachI - Illuminated Push to Exit STA, SS/SGCatalog # AC- TS2, $40.50 eachI - Req. to Exit Sensor, PLT No TouchCatalog # SL- SD927PKCN for $47.50 each2 - The 600 Pound Mag Lock, UL to 10CSTD Catalog # AC-600S, $137.99 each 2 3 Piece 'Z' Bracket F/600S Catalog # ACAM3370, $59.99 each$1,145.93Within Budget00120.1022.02090 (Property Less than$5,000)Facilities Management requests to purchasethe above listed equipment for security doorlock and camera for the North Tower Jail.Recommended by Facilities Management.

Office ofInformation Technology2 - HP Networked LaserJet Printers$2,600Major Technology Fund, Hardware Refresh00195.0.02093.2009.0.92055 (HardwareRefresh)The Office of Information Technologyrequests Commissioners Court approval topurchase two networked laser printers forthe IT Applications Team. The printers willreplace two 13 year-old printers. One isbroken and the other does not have the speedand features necessary to support theprinting needs of the area. Recommendedby the Office of Information Technology.

Office of Information Technology2 - HP Laser.let Desktop Printers5 - HP Inklet Desktop Printers3 - HP MFP Printers10 - Dell IT' FP Monitors$4,000Major Technology Fund, Hardware Refresh00195.0.02093.2009.0.92055 (HardwareRefresh)

08/18/09

PROPOSED ACTION:

96

The Office of information Technologyrequests Commissioners Court approval topurchase several printers and monitors tokeep as replacement inventory forequipment that has broken and cannot berepaired. Maintaining the inventory allowsiT to minimize the impact to the customerwhen replacing failed equipment.Recommended by the Office of informationTechnology.

EXPENDITURE SOURCE:

(14) DEPARTMENT:iTEMS:

ESTiMATED COST:FUNDiNG SOURCE:

PROPOSED ACTiON:

00195.1090 Office of Information Technology23 - Symbol Scanners, Cradles, Cables &3yr Support$43,000Major Technology Fund, UnallocatedReserves00195.1090.02093 (IT Services, ComputerHardware, Less than $5,000)The Office of information Technologyrequests Commissioners Court approval topurchase twenty-three Symbol scanners,cradles, cables and 3 years of Bronze levelsupport. The scanners will be used for ITinventory and asset tracking. Funding isavailable in the Major Technology Fund,Unallocated Reserves. The items areavailable for purchase on the state DiRcontract (DIR-SDD-689). Recommended bythe Office ofinformation Technology.

(15) DEPARTMENT: 4031 County ClerkiTEMS: 1 - High Volume Fax MachineESTiMATED COST: $1,750FUNDiNG SOURCE: County Clerk Records Management FundEXPENDITURE SOURCE: 120.4031.2090.0 (General Fund, County

Clerk, PropertY less than $5,000. FY2009)PROPOSED ACTiON: The County Clerk requests authorization to

purchase a high volume fax machine for usein the vitals section. Recommended by theRecords Management Department.

(16) DEPARTMENT: 4020 District ClerkiTEMS: 1 - Clerical Chair

08118/09

(17)

(18)

(19)

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:PROPOSED ACTION:

DEPARTMENT: 4620ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPARTMENT: 3130ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:


PROPOSED ACTION:

97

SurplusN/AN/AThe District Clerk requests authorization toobtain a clerical chair from county surplusfor use in the department's juvenile division.Recommended by the Office of Budget andEvaluation.

County Criminal Court Manager2 - Office Chair$500DDA120.4620.2230.0 (General Fund, CountyCriminal Court Manager, DDA, FY2009)The County Criminal Court Managerrequests authorization to purchase two officechairs for use in the court manager's office.Recommended by the Office of Budget andEvaluation.

Sheriff- Warrants1 - Detachable wheeled laptop case$55General Fund120.3130.2160.0000 (General Fund, Sheriff- Warrants, Office Supplies, FY2009Sheriff - Warrants requests authorization topurchase a wheeled laptop case to carry alaptop in order to do Sheriff monthly sales.Recommended by the Office of Budget andEvaluation.

Sheriff - TrafficI Shredder$600Forfeiture Funds532.0.2090.0.0.91002 (Forfeiture Funds,Sheriff - Traffic, Property Less Than$5,000, FY2009Sheriff Traffic requests authorization topurchase a shredder for daily operations atthe new location. Recommended by theOffice of Budget and Evaluation.

(20) DEPARTMENT:

08/18/09

Sheriff- Courtesy Patrol

(21)

(22)

(23)

ITEMS:


PROPOSED ACTION:


PROPOSED ACTION:



PROPOSED ACTION:


98

15 - 5 Gallon safety cans ($39 ea)15 - Battery boosters ($64 ea)$1,525Grant Fund466.0.2590.2009.0.5305 (Grant Fund.Sheriff- Courtesv Patrol. FY2009Sheriff Courtesy Patrol requestsauthorization to purchase items for dailyoperations. Recommended by the Office ofBudget and Evaluation.

Sheriff - Personnel1 - Extended stool$400General Fund120.3123.2090.0000 (General Fund. Sheriff- Personnel, Equipment Less Than $5.000.FY2009Sheriff - Personnel requests authorization topurchase an extended height stool for thenew location. Recommended by the Officeof Budget and Evaluation.

Clean Air Task Force10 - Memory cards ($43 ea)7 - Memory card readers ($28 ea)$626Grant Fund466.0.2160.2009.0.0.2004.0 (Grant Fund,Clean Air Task Force, Office Supplies.FY2009Clean Air Task Force requests authorizationto purchase memory cards and card readersfor the laptops. Recommended by theOffice of Budget and Evaluation.

Sheriff - Training1 - Weedeater$179General Fund120.3 123.2090.0000 (General Fund, Sheriff- Training. Equipment Less Than $5000,FY2009

08/18/09

(24)

(25)

PROPOSED ACTION:



EXPENDITURE SOURCE:

PROPOSED ACTION:



99

Sheriff - Training requests authorization topurchase a weedeater to replace one that isbroken and cannot be repaired.Recommended by the Office of Budget andEvaluation.

Purchasing1 12.1 Megapixel Digital Camera ($362

ea.)I - Camera Case ($23 ea.)I - Digital Camera Battery ($50 ea.)I - I GB SD Memory Card ($10 ea.)$443Reserves & Contingency, Furniture &Equipment120.1080.2090 (Purchasing, Equipment Lessthan $5.000)Purchasing requests authorization topurchase a digital camera and the abovelisted accessories to replace brokenequipment. The current camera no longerholds charge and takes pictures of poorclarity resulting in excessive down time andlost staff time due to multiple site visitsneeded to retake pictures. Recommended bythe Office of Budget & Evaluation.

County Clerk1 - Task Chair ($275 ea.)5 - Side Chairs ($150 ea.)I - Small Utility Table ($120 ea.)I - Large Utility Table ($180 ea.)I Stanchion with Sign Holder and Sign

($260 ea.)1 - Sign Holder & Sign ($150 ea.)I - Duplexing Stand Alone Printer ($400

ea.)4 - Grey Filing Cabinets ($521 ea.)I - Medium Utility Table ($200 ea.)$4,419County Clerk Records Management Fund120.4031.2090 (County Clerk, EquipmentLess than $5.000)

08/18/09

PROPOSED ACTION:

100

The County Clerk requests authorization topurchase the above listed equipment usingCounty Clerk Record Management Funds.Recommended by the Office of Budget &Evaluation and Records Management.

TELECOMMUNICATIONS

283rd District Court - D-0907028 - requests installation of a data line. Equipment$0.00; Installation $125.00; Recurring Cost $0.00 - Recommended

Communications & Central Services - M-0908008 - requests installation of a voice linefor a new outside paging horn. Equipment $0.00; Installation $115.00; Recurring Cost$0.00 - Recommended

Community Supervision & Corrections - P-0908001 - requests to have 5 data, 4 voiceand 4 single line phones for new staff. Equipment $172.00; Installation $1,085.00;Recurring Cost $0.00 - Recommended

District Attornev - Civil - M-0908014 - requests installation of a voice line. Equipment$0.00; Installation $115.00; Recurring Cost $0.00 - Recommended

Divert Conrt - M-0908007 - requests to issue a long distance authorization code foremployee to contact outside entities. Equipment $0.00; Installation $0.00; Recurring Cost$0.00 - Recommended

Facilities - M-0908006 - requests installation of a voice line for auto-dialer at Cook-Chilllocation. Equipment $0.00; Installation $115.00; Recurring Cost $0.00 - Recommended

IT Services - D-0908007 - requests to install six strand fiber at 200 feet in George AllenCourts Building. Equipment $0.00; Installation $307.74; Recurring Cost $0.00 Recommended

Justice of the Peace llllacel - M-0908009 - requests to issue 3 long distanceauthorization codes for employees to contact outside entities. Equipment $0.00;Installation $0.00; Recurring Cost $0.00 - Recommended

Juvenile - D-0908002 - requests installation of a data line. Equipment $0.00; Installation$125.00; Recurring Cost $0.00 - Recommended

Juvenile -JJAEP - D-0908005 - requests to have data cable tone and tagged. Equipment$0.00; Installation $49.00; Recurring Cost $0.00 - Recommended

0811 8109

1 U 1

Juvenile - Education - requests:M-0908010 - to issue single line instrument only for new clerk. Equipment $43.00;Installation $0.00; Recurring Cost $0.00 - Recommended

D-0908003 - installation of a data line for new network printer. Equipment $0.00;Installation $115.00; Recurring Cost $0.00 - Recommended

Juvenile - Youtll Village - requests:M-0907048 - installation of a voice line. Equipment $0.00; Installation $1I5.00;Recurring Cost $0.00 - Recommended

M-0907049 - installation of a voice line. Equipment $0.00; Installation $1I5.00;Recurring Cost $0.00 - Recommended

Public Defender - M-0908013 - request issue two long distance authorization codes foremployees to contact outside entities. Equipment $0.00; Installation $0.00; RecurringCost $0.00 - Recommended

Sheriff - Communications - D-0907018 - requests installation of a data line. Equipment$0.00; Installation $125.00; Recurring Cost $0.00 - Recommended

Tax Office - requests:M-0908015 - installation of a voice line and multi-line display phone. Equipment $76.00;Installation $115.00; Recurring Cost $0.00 - Recommended

D-0908006 - installation of a data line. Equipment $0.00; Installation $125.00; RecurringCost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023,line item 7210 telecom equipment and department 1023, line item 6250 cablecontract, if otherwise it will be stated in brief.

• Projects are funded by requesting department, if otherwise it will be stated inbrief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

08/18/09