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2016-09-27 10:00AM REGULAR MEETING
►' BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT Mb SEP 23 A 1) 18` THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 27, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-29: 3. Proclamation 16-033 designating October 2-8, 2016 as National 4-H Week in Brazos County. 4. Proclamation 16-034 declaring October 2016 as National Domestic Violence Awareness Month. 5. Proclamation 16-035 declaring October 4, 2016 as Paint the Town Pink Day. 6. Resolution 16-018 opposing legislation imposing revenue or appraisal caps for Texas counties. C, 7. Resolution 16-019 opposing unfunded mandates. 8. Resolution 16-020 requesting the Texas Legislature to fully fund the costs of indigent criminal defense. 9. Request from the Sheriff's Office for approval to accept a cash donation from the CHI St Joseph Hospital in the amount of $3,900.00 for the purchase of operational and training equipment. 10. Reappointment of the following to the Child Welfare Board; term of appointments are 8/28/2016 through 8/27/2019: • a. James Lee Henry • b. Bevedev Nutall • c. Jacqueline Perez • d. Angela Wells 11. Consider and take action on an Other Postemployment Benefits (or OPEB). Other post - employment benefits (OPEB) refers to the benefits, other than pensions, that a Brazos County employee receives as part of his or her package of retirement benefits. In this instance medical insurance. 12. Approval of the following job descriptions: • a. (Class Code 2668, Position 01) Tech Temporary, 1040 hrs., Road & Bridge • b. (Class Code 1516, Position 01) Intern, Detention Officer, S.O. Jail • C. (Class Code 1516, Position 02) Intern, Detention Officer, S.O. Jail • d. (Class Code 1508, Position 01) Correctional Health Prof., S.O. Jail Medical • e. (Class Code 0169, Position 02) Clerk -Election Admin. Temp., Elections Administrator • f. (Class Code 2355, Position 01) Clerk -Temp., Tax Office • g. (Class Code 0832, Position 01) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • In. (Class Code 0832, Position 02) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • i. (Class Code 0832, Position 03) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • j. (Class Code 0832, Position 04) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • k. (Class Code 0832, Position 05) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • I. (Class Code 0832, Position 06) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • M. (Class Code 0832, Position 07) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • n. (Class Code 0832, Position 08) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • o. (Class Code 0832, Position 09) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • p. (Class Code 0832, Position 10) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • q. (Class Code 0832, Position 11) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • r. (Class Code 0832, Position 12) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • S. (Class Code 0832, Position 13) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • t. (Class Code 0832, Position 14) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • U. (Class Code 0832, Position 15) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • V. (Class Code 0850, Position 01) Temp. Clerk, Expo • W. (Class Code 1713, Position 01) Clk. Temp., 1040hrs, District Clerk • X. (Class Code 1713, Position 02) Clk. Temp., 1040hrs, District Clerk • y. (Class Code 1713, Position 03) Clk. Temp., 1040hrs, District Clerk • Z. (Class Code 0113) Human Resources Associate, Human Resources Vol. —�tl�5��- • aa. (Class Code 0119) Human Resources Specialist, Human Resources • bb. (Class Code 0161) Voter Registration Coordinator, Elections Administrator • cc. (Class Code 0213) Transition Training, County Judge • dd. (Class Code 0219) Transition Training, County Judge • ee. (Class Code 0561) Administrative Assistant, CountyAttomey • ff. (Class Code 0838) Event Coordinator I, Expo • gg. (Class Code 0839) Event Coordinator II, Expo • hh. (Class Code 0851) Marketing & Sales Manager -Outside Events, Expo • ii. (Class Code 0852) Marketing & Sales Manager -Inside Events, Expo • jj. (Class Code 0861) Sponsorship Coordinator-BVFR, Expo. Fair Admin. • kk. (Class Code 0920) Probate & Guardianship Assistant, CCL#1 & CCL#2 • II. (Class Code 1107) Buyer, Purchasing • mm. (Class Code 1108) Buyer II, Purchasing • nn. (Class Code 1242) Services Manager, IT • oo. (Class Code 1244) Communications Systems Administrator, IT • pp. (Class Code 1303) Chief Deputy County Clerk, County Clerk • qq. (Class Code 1503) Lieutenant, SO Jail Admin. • rr. (Class Code 1563) Program Re -Entry Specialist, SO Jail Admin. • ss. (Class Code 1568) Quartermaster -DO, SO Jail Admin. • tt. (Class Code 2675) Resource Specialist I, R&B Shop -Heavy Fleet • uu. (Class Code 2676) Mechanic, R&B Shop -Heavy Fleet • vv. (Class Code 2680) Lead Mechanic, R&B Shop -Heavy Fleet • M. (Class Code 2681) Parts Manager, R&B Shop -Heavy Fleet • XX. (Class Code 2692) Parts, Fleet Services • yy. (Class Code 2811) Detention Counselor, Juvenile • ZZ. (Class Code 5001) Brazos County Veteran Services Officer, Veteran Services • aaa. (Class Code 7142) Horticulturist, Extension Agency • bbb. (Class Code 8105) Scanner, Records Management 13. Approval of BlueCross/BlueShield Administrative Services Agreement 14. Consider and take action on the agreement for the payment and use of Brazos County funds by and between Brazos Valley Fair & Rodeo and County of Brazos, State of Texas. 15. Approval of the following funding agreements for FY 2017: • a. Aggieland Humane Society, Inc. • b. Big Brothers Big Sisters of Brazos Valley • c. Boys & Girls Clubs of Brazos Valley • d. Brazos County Emergency Communications District • e. Brazos Valley Veterans Memorial • f. Bryan Independent School Distirct for the Read by Third Program • g. Dispute Resolution Center • h. Health For All, Inc. • i. Junction 505 • j. Sexual Assault Resource Center 16. Interlocal Agreement between City of Bryan, Texas; Brazos County, Texas; and City of Bryan and Brazos County Economic Development Foundation, Inc. effective October 1, 2016. 17. Discuss and take possible action on a contract renewal with Gulf Coast Trades Center forjuvenile residential servicps Vol. /�Pq 18. Discuss and take possible action on a contract renewal with G4S Youth Services, LLC forjuvenile residential services. 19. Permission to advertise bid # 17-082 Asphalts, Oils and Emulsions. 20. Consider and take action on request from Teresa Bordeau on behalf of the Edge General Store for lane closure of a portion of Edge Cut Off Road on October 15, 2016 from 11:00 am to 10:00 pm to accommodate the 10th annual Rompin' Stompin' Street Fest. Site is located in Precinct 2. 21. Request permission to enter private property owned by Gwendolyn Hall located on Reed Lane 300 feet north of Dilly Shaw Tap Road. Project will require the County to clean out existing drainage channel. Site is located in Precinct 2. 22. Request permission to enter private property owned by Joyce Watkins located at 4411 Dilly Shaw Tap Road. Project will require the County to clean out existing drainage channel. Site is located in Precinct 2. 23. Request permission to enter private property owned by Peggy V. White located on Sandy Creek Drive 300 feet East of Sandy Shore Drive. Project will require the County to construct a temporary detour across property in order to replace culvert crossing on Sandy Creek Drive. Project will include removal of existing vegetation within work area. Upon completion of work, County will leave dirt used for detour in place. Site is located in Precinct 4. 24. Acceptance of Special Warranty Deed from Texas LS Investments, LLC for 0.004 acre of land to be used for improvements to Smetana Road. Site is located in Precinct 4. 25. Approval of Treasurer's Report for August 2016. 26. Tax Refund Applications for the following: • a. Carthal & Faye Greenwade-overpayment-$145.20 • b. Casa Bella Interiors -overpayment -$13.17 • c. Tax Rescue 11 -overpayment -$247.90 27. Budget Amendments. Budget Amendments FY 15/16 52.1 -52.8 28. Personnel Change of Status. a. Personnel Action Forms for Fiscal Year 2016 b. Personnel Action Forms for Fiscal Year 2017 29. Payment of Claims. 30. Sheriffs report on inmate population. 31. Announcement of interest items and possible future agenda topics. 32. Call for Citizen input and/or concerns 33. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brams County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum In speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are Inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brams County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite eAsting policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. —,�,/zc; �� MINUTES SEPTEMBER 27, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 28, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns Jim Maness, a resident of Nantucket asked the Court to not widen Arrington Road by taking land from the Nantucket side because this would make most homes less than fifty (50) feet from the roadway. He asked that widening take place on the wooded southwest side of Arrington Road. Mr. Maness submitted to the Court a petition signed by residents. Marie Wolfe, also a resident of Nantucket Subdivision wanted to thank Commissioner Wassermann and Alan Munger for their help with the Mesa Verde extension. Mrs. Wolfe Pq. said that the extension of Mesa Verde to Highway 6 should be top priority. She said that improving Arrington road to three (3) lanes is important, but the Mesa Verde extension should come first. Mrs. Wolfe asked the Court to work with the residents of subdivisions on any future plans. Mrs. Wolfe also said that she was told that the County did not have the authority to enforce No Thru Truck signs. She said that No Thru Truck zones have been used by sixteen (16) or seventeen (17) other counties and was informed it could be done. Mrs. Wolfe stated that the legal department should be able to find the information on the web. She also asked that these signs be placed and she hopes to hear back from the Court soon. Consider and take action on agenda items 3-29: 3. Proclamation 16-033 designating October 2-8, 2016 as National 4-H Week in Brazos County. The County Judge read aloud Proclamation 16-033 designating the week of October 2 through 8, 2016 as "National 4-H Week" in Brazos County, Texas. Participants of the 4- H program introduced themselves to the Court and spoke about their projects. The County Judge then presented the proclamation to the 4-H members. The 4-H President thanked the Court for the proclamation. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Proclamation 16-034 declaring October 2016 as National Domestic Violence Awareness Month. The Court joins with the mayors of the Cities of Bryan and College Station in declaring October 2016 as National Domestic Violence Awareness Month. A copy of Proclamation 16-034 is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Proclamation 16-035 declaring October 4, 2016 as Paint the Town Pink Day. The Court voted unanimously to adopt Proclamation 16-035 declaring October 4, 2016 as "Paint the Town Pink Day", and join the community volunteers in recognizing October as Breast Cancer Awareness month and encourages everyone to wear pink as we "Paint the Town Pink'. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Resolution 16-018 opposing legislation imposing revenue or appraisal caps for Texas counties. The Court voted unanimously to adopt Resolution 16-018 opposing legislation imposing revenue or appraisal caps for Texas counties. Judge Peters stated that there is a big movement in the legislature to impose caps. He said that this is primary funding for cities and schools. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Resolution 16-019 opposing unfunded mandates. The Court voted unanimously to adopt Resolution 16-019 opposing unfunded mandates. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 8. Resolution 16-020 requesting the Texas Legislature to fully fund the costs of indigent criminal defense. The Court voted unanimously to adopt Resolution 16-020 requesting the Texas Legislature to fully fund the costs of indigent criminal defense. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Request from the Sheriff's Office for approval to accept a cash donation from the CHI St Joseph Hospital in the amount of $3,900.00 for the purchase of operational and training equipment. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Pq"�-? Wassermann. 10. Reappointment of the following to the Child Welfare Board; term of appointments are 8/28/2016 through 8/27/2019: • a. James Lee Henry • b. Beverley Nutall • c. Jacqueline Perez • d.AngelaWells Commissioner Cauley stated that it was an honor for her to serve on the Child Welfare Board with these individuals. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Consider and take action on an Other Postemployment Benefits (or OPEB). Other post - employment benefits (OPEB) refers to the benefits, other than pensions, that a Brazos County employee receives as part of his or her package of retirement benefits. In this instance medical insurance. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Approval of the following job descriptions: • a. (Class Code 2668, Position 01) Tech Temporary, 1040 hrs., Road & Bridge • b. (Class Code 1516, Position 01) Intern, Detention Officer, S.O. Jail • C. (Class Code 1516, Position 02) Intern, Detention Officer, S.O. Jail • d. (Class Code 1508, Position 01) Correctional Health Prof., S.O. Jail Medical • e. (Class Code 0169, Position 02) Clerk -Election Admin. Temp., Elections Administrator • f. (Class Code 2355, Position 01) Clerk -Temp., Tax Office • g. (Class Code 0832, Position 01) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • h. (Class Code 0832, Position 02) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • i. (Class Code 0832, Position 03) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • j. (Class Code 0832, Position 04) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • k. (Class Code 0832, Position 05) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • I. (Class Code 0832, Position 06) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • M. (Class Code 0832, Position 07) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • n. (Class Code 0832, Position 08) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • o. (Class Code 0832, Position 09) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • p. (Class Code 0832, Position 10) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • q. (Class Code 0832, Position 11) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • r. (Class Code 0832, Position 12) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • S. (Class Code 0832, Position 13) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • t. (Class Code 0832, Position 14) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • U. (Class Code 0832, Position 15) Temporary Attendant, Building & Grounds (1040 hrs.) Expo • V. (Class Code 0850, Position 01) Temp. Clerk, Expo • W. (Class Code 1713, Position 01) Clk. Temp., 1040hrs, District Clerk • X. (Class Code 1713, Position 02) Clk. Temp., 1040hrs, District Clerk • y. (Class Code 1713, Position 03) Clk, Temp., 1040hrs, District Clerk • Z. (Class Code 0113) Human Resources Associate, Human Resources • aa. (Class Code 0119) Human Resources Specialist, Human Resources • bb. (Class Code 0161) Voter Registration Coordinator, Elections Administrator • cc. (Class Code 0213) Transition Training, County Judge • dd. (Class Code 0219) Transition Training, County Judge • ee. (Class Code 0561) Administrative Assistant, County Attorney • ff. (Class Code 0838) Event Coordinator I, Expo • gg. (Class Code 0839) Event Coordinator II, Expo • hh. (Class Code 0851) Marketing & Sales Manager -Outside Events, Expo • ii. (Class Code 0852) Marketing & Sales Manager -Inside Events, Expo • jj. (Class Code 0861) Sponsorship Coordinator-BVFR, Expo. FairAdmin. • kk. (Class Code 0920) Probate & Guardianship Assistant, CCL#1 & CCL#2 • II. (Class Code 1107) Buyer, Purchasing • mm. (Class Code 1108) Buyer II, Purchasing • nn. (Class Code 1242) Services Manager, IT • oo. (Class Code 1244) Communications Systems Administrator, IT • pp. (Class Code 1303) Chief Deputy County Clerk, County Clerk • qq. (Class Code 1503) Lieutenant, SO Jail Admin. • rr. (Class Code 1563) Program Re -Entry Specialist, SO Jail Admin. • ss. (Class Code 1568) Quartermaster -DO, SO Jail Admin. • tt. (Class Code 2675) Resource Specialist I, R&B Shop -Heavy Fleet • uu. (Class Code 2676) Mechanic, R&B Shop -Heavy Fleet • vv. (Class Code 2680) Lead Mechanic, R&B Shop -Heavy Fleet • ww. (Class Code 2681) Parts Manager, R&B Shop -Heavy Fleet • XX. (Class Code 2692) Parts, Fleet Services • yy. (Class Code 2811) Detention Counselor, Juvenile • zz. (Class Code 5001) Brazos County Veteran Services Officer, Veteran Services • aaa. (Class Code 7142) Horticulturist, Extension Agency • bbb. (Class Code 8105) Scanner, Records Management A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Approval of BlueCross/BlueShield Administrative Services Agreement A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Consider and take action on the agreement for the payment and use of Brazos County funds by and between Brazos Valley Fair & Rodeo and County of Brazos, State of Texas. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Approval of the following funding agreements for FY 2017: • a. Aggieland Humane Society, Inc. • b. Big Brothers Big Sisters of Brazos Valley • c. Boys & Girls Clubs of Brazos Valley • d. Brazos County Emergency Communications District • e. Brazos Valley Veterans Memorial • f. Bryan Independent School Distirct for the Read by Third Program • g. Dispute Resolution Center • h. Health For All, Inc. • i. Junction 505 • j. Sexual Assault Resource Center A copy of the funding agreements is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Interlocal Agreement between City of Bryan, Texas; Brazos County, Texas; and City of Bryan and Brazos County Economic Development Foundation, Inc. effective October 1, 2016. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Discuss and take possible action on a contract renewal with Gulf Coast Trades Center forjuvenile residential services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Discuss and take possible action on a contract renewal with G4S Youth Services, LLC forjuvenile residential services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Permission to advertise bid # 17-082 Asphalts, Oils and Emulsions. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Consider and take action on request from Teresa Bordeau on behalf of the Edge General Store for lane closure of a portion of Edge Cut Off Road on October 15, 2016 from 11:00 am to 10:00 pm to accommodate the 10th annual Rompin' Stompin' Street Fest. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Request permission to enter private property owned by Gwendolyn Hall located on Reed Lane 300 feet north of Dilly Shaw Tap Road. Project will require the County to clean out existing drainage channel. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Request permission to enter private property owned by Joyce Watkins located at 4411 Dilly Shaw Tap Road. Project will require the County to clean out existing drainage channel. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 23. Request permission to enter private property owned by Peggy V. White located on Sandy Creek Drive 300 feet East of Sandy Shore Drive. Project will require the County to construct a temporary detour across property in order to replace culvert crossing on Sandy Creek Drive. Project will include removal of existing vegetation within work area. Upon completion of work, County will leave dirt used for detour in place. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 24. Acceptance of Special Warranty Deed from Texas LS Investments, LLC for 0.004 acre of land to be used for improvements to Smetana Road. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 25. Approval of Treasurer's Report for August 2016. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for August 2016. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 26. Tax Refund Applications for the following: • a. Carthal & Faye Greenwade-overpayment-$145.20 • b. Casa Bella Interiors -overpayment -$13.17 • c. Tax Rescue II -overpayment -$247.90 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 27. Budget Amendments. Budget Amendments FY 15/16 52.1 - 52.8 52.1 Reallocate funds for 85th District Court. 52.2 To recognize funds for the OAG-Vine Program Grant. 52.3 Reallocate funds for Justice of the Peace, Precinct 4. 52.4 Reallocate funds for Facility Services. 52.5 To recognize funds for the Health and Life Insurance Fund. Vol. � �_� '�:1 ��✓ 52.6 Transfer funds from Sheriff -Administration to Jail -Administration. 52.7 Reallocate funds for Jail -Administration. 52.8 Transfer funds from Jail -Medical Division to Jail -Administration. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 28. Personnel Change of Status. a. Personnel Action Forms for Fiscal Year 2016 b. Personnel Action Forms for Fiscal Year 2017 A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 29. Payment of Claims. Claims 7148550-7148784 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 30. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 623 inmates in jail, 29 have electronic monitors and 5 are pending for monitors. 31. Announcement of interest items and possible future agenda topics. Judge Peters announced that there is a Workshop on Keeping PACE in Texas immediately following the regular meeting. 32. Call for Citizen input and/or concerns Civil Counsel Bill Ballard stated that Brazos County had entered a lawsuit against Volkswagen for air pollution violations. Mr. Ballard said the Attorney General filed a plea to jurisdiction that individual counties should not be part of the lawsuit, stating that only the State of Texas should be party. Mr. Ballard said that counties feel they should share in the damages. A hearing was held in Austin on September 16, 2016 and the Attorney General's plea was denied. Steve Aldrich stated that he is on a Legislative Affairs Committee putting together an action plan and will include Items 6, 7 and 8 from today's agenda. Mr. Aldrich invited the Court to participate and contribute to the plan. Selena Vasquez who is an Instructor of Government at Blinn College thanked the Court for allowing her and her students attend the meeting. 33. Adjourn. The foregoing minutes of the Commissioners Court meeting held September 27, 2016 have been examined and are approved in open Court this 10 day of Onbff , 2016, in Bryan, Brazos County, Texas. Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 Precinct 2 Commissioner, Precinct 4 Attest: Q,. Kenny NfaUard Commissioner, Precinct 3 BRAZOS COUNTY CON/MSSIONER' S COURT 'Name (PLEASE ?R- T) Soman I ttf uS� m Cky+- IV O&A M V I E woI 20`6 Ora-anization (PLEASE PRINT) v Rol)- 3r�,��r 2r DA - SFR &,4a6 6e lm4v �cs. e C 1 ! rlsH Tli VA ce. Vtv(rj Sfuu'k �S Name PLEAS- PRNT) er BR ZOS COUNTY COlVIlvIISSIONTER' S COURT DAY OF 20� C AlVI; /r/ S7/k,E 41 9/1/"/ Orcanization (PLEASE PRINT) SP Q r 6, 'k; -z0--- tLleell -70V7in pq BRAZOS COUNTY COMMISSIONTER' S COURT o,7,k DAY OF Name f M{�all� N SOWQ, Kobe -rt SL,4,Akvomt aS C-c.�ara�a ul;ll�n, s 20/ OrLyanization (PLEASE PRNTj �ra�os CoUnt� �(H .. BRAZOS COUNTY COlVMSSIONrER' S COURT DAY OF , 20/4 D' ANI/; Name ("PLEASE PR J) Ora-anizatlon (PLEASE PRNT) 5 PETITI®N We the undersigned, Arrington Road Home Owners, respectfully request no real estate be expropriated from the Nantucket side of Arrington Road for the expansion of Arrington Road. In support of this request we present the following facts: I. Arrington Road is a high traffic count road which has already exceeded its designed carrying capacity. 2. Expansion on the Nantucket side would greatly diminish the property value of the existing homes and place high volume road traffic within approximately 50 feet of the front doors of the current homes. 3. A high number of utility wires and water pipes are currently buried in the easement area affected. 4. Drainage would be impacted thereby subjecting our homes to flooding. n Signature Name 'N1 Aff S A1110 Address n / X661 Arn/n9on igqq VVI s -c Ig 65 1.�zRaac,�ts �,�, L�� So✓ry-+�0� /i}R4iM�7an/ I7in AR N i o /Jq THANK YOU FOR YOUR CONSIDERATION. ('q. 2 Proclamation S A roowAL 42%HvIWEEK1 WHEREAS, The Brazos County Commissioner's Court is proud to honor the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service for 108 years of providing experience -based education to youngsters throughout the Lone Star State; and WHEREAS, This admirable program, which seeks to provide a learning experience for the whole child, including head, heart, hands, and health, helps young Texans to acquire knowledge, develop life skills, and form attitudes to enable them to become self-directed, productive, and contributing members of our society; and WHEREAS, Its more than 602,000 urban, suburban, and rural youth participants, ranging in age from eight to nineteen, hail from diverse ethnic and socioeconomic backgrounds and truly represent a cross-section of the state; and WHEREAS, The program undoubtedly could not have achieved the success that it has today were it not for the service of its more than 30,000 volunteers, who have given generously of their time, talents, energies, and resources to the youth of Texas; and WHEREAS, Throughout its proud history, the 4-H program has developed positive role models for countless Texans and through its innovative and inspiring programs, continues to build character and to instill the values that have made our state strong and great; now, therefore, be it RESOLVED, That the Brazos County Commissioner's Court, hereby designates October 2-8, 2016 as National 4-H Week in Brazos County and commend the 4-1-I Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and wo en ha ma ogppm a success. County Judge 10Co(n issionerPrecinct 1 om: Commissioner Pr nct 3 Comi Dat �`/-7i-7 Vol. — __ o:0�2 � lv a s J F. � %��'S3 1'N 'M iY1Ci �� �`�TO�E'Y� r� r dt d'Ve. �f Fa t � 'z " ����. �x � aL rt+�� ��k °� r{W der=a�: �a2+ � S�� pev i <r ✓ ZF a � � v a ilia � ar ��. ( f t 3 � F,.T Y� F/ 1 asr,���'-��an��nWaY��41�, :..zG�`v".��:n.',x. Zt �enk F_.+. �tu yv,� afi?�F��sflti .d`���tb�klr h, . ��kzN3<Y�hxl�,Fi �,� ���4� %N $)�%3Tfa>♦2$ %�� 5 444Ytpi e 9 W `� a'q �t:�l�.F£ ° J 5>`yiy d �. }moi F� QJ r +�, �'$fa�s�{s �'tOC�o-( .x Y �{ aE' �„q iA" '!34N' ,f �fH f y,7Y'�#t3"?�,[, �>� �rtF� � gra tr 1� �D :d `v,rVr '�i'2��a4 `1W - �e �� f' � t'�`N 'w' t � r 3Yti�.' '."' Za'� � ,j�i2`�'�"c��7����i��s`da ' ��'* �:x,�L�'��Fm� ti�`4�����r��`r as t5rl��t�1 a� ��*,Fd�'t�> J'° �a,.r����k�i oC7�- � `fi? � � y, W+.a 91�;.x�u} � u rs2 � `as' v�uttac�; 'iu((`lY" ° � aHS��,�}`4 ,y`�ns 3v��6w 4,��, 1, rviu �, ry''�y(�¢,���� �'a+'�t>�bn ss v,:� Y.�i, .,a,.,�..{ ��= ,�..,vi: .r,.�nwlina�.��h i'�»••.:.1''�.vo�"e`.,�1..a�rsaa4vtti�r .t`>dk�. v�o � � �' � ;ter �,�� . 5 PROCLAMATION J' .� CELEBRATING OCTOBER 4 AS [• �� � .rtY3:. kllllllance PAINT THE TOWN PYNK DAY � b� •� in recognition of Breast Career Awareness Month College Station, Texas Octobm', 2016 WHEREAS, October is recognized its Breast Cancer Awareness Month; and WHEREAS, breast cancer is the most common cancer among women in "Texas and the second -deadliest cancer among American women its one in eight U.S. women will be diagnosed with invasive breast cancer during her lifetime; and WHEREAS, in Texas during 2016 on estimated 16,900 new cases of female breast cancer are expected with 2,780 deaths; and WI-IEREAS, other than adopting a healthier lifestyle, early detection with regular mammograms remains the single must effective way forcombating the disease and since 1989 the steady decline in breast cancer mortality among women has been attributed to a comhination of early detection and improvements in treatment; and WHEREAS, in 2003 a vision to create a community-based, annual breast cancer awareness luncheon was formed and continues today v�ith this year's 14"' annual Surviving &Thriving Breast Cancer Awareness Luncheon that will be held on Monday, etcher 3, at the College Station Milton Hotel featuring Kendra Scott, Jewelry Designer, CEO and Philanthropist of Austin, Texas; and WHEREAS, the Surviving & Thriving luncheon is hosted by pink Alliance, the Brazos Valley's advocate for breast health and cancer, srspporf, and is powered by it passionate coma oC breast cancer survivors and community volunteers who celebrate survivorship daily and whose drive for educational awareness fuels their passion for making a difference; and WHEREAS, withi financial support from this ),car's Imtclleon sponsor, The Texas A&M University Health Science Center, and Sapphire Sponsors —Baylor Scott& White Health, CHI SL Joseph Hospital and College Station Medical Center, the Surviving & Thri��ing luncheon has become the single, biggest tunrlraiser dedicated to local breast cancer efforts in the Brazos Valley; mid - WHLREAS, sine,'; its inception, sponsorships, ticket sales, raffle tickets, mrd "Think Pink Mammograms," have generated over $573,000 in direct support for breast cancer patient services and breast health awareness; and WIiERP.AS, this year Pink Alliance is inviting businesses and individuals throughout Brymi/College Station and lire Brazos Valley community to join them in celebrating "Paint the Tmvn Pink Day" on Tuesday, October 4, and wishes to expresses its thiud s to countless restaurants and businesses who are participating in fundraising ei orts with a percentage of sales benefiting local breast cancer support services offered by Pink Alliance; and WHEREAS, its alresull of this community breast cancer initiative, local educational awareness and advocacy efforts have increased to Supp, rt and encourage annual breast cancer screening for women at age 40 and beyond; now, therefore he it RESOLVED tha� we join community volunteers in recognizing October as Breast Cancer Awareness month and encourages the COulaumity to support "faint the Town Pink" on Tncwday, October 4, and be it further RESOLVED dtat� we join the Bayan/College Station community in recognizing this important women's health issue and applaud community volunteers and cancer survivors in welcoming Kendra Scott to town on October 3 in uelebmtion of the 14"i Annual Surviving & Thriving Breast Cancer Awareness Luncheon and, in doing so, we hope that this proclamation will serve as it constant and important reminder to get the facts about mammography and take action against breast cancer through vigilance and early detection. NOW, THEREFORE: ORE: I, Jason Bienski, as Mayor of the City of Bryan, and I, Nancy berry, as Mayor of the City of College Station, and I, Duane Peters, Brazos County Judge do hereby proclaim October 4, 2016 as: - J aifd ,Fie J UWU J rope Aw CITY OF BRYAN CITY OF COLLEGE STATION BRA%OS COUNTY klson 13icnski, Mayon Nary, Mny Duunc Pctes, Cowity fflwdP.ain" thi:3 4th da* af Udafi n, 206 Vol a� pg__ g �S� F V, k \ t# ➢Y DF'V� Resolution Opposition to Appraisal Caps and Revenue Caps WHEREAS the Texas Legislature has previously considered and rejected proposals for additional revenue caps and additional appraisal caps on comities; and WHEREAS 60 percent of the average taxpayer's property tax burden is due to school taxes while only 14 percent is due to county taxes; and W IEREAS appraisal caps or revenue caps would diminish local control cud lie tre hands of county officials and limit their ability to provide essential services to address the needs and emergencies of their citizens; and WHEREAS county govemment is already struggling to meet the demands of under -funded and unfunded stale mandates such as indigent health care and indigent defense and federal niandates such as the help America Vote Act and the Clean Air Act; and WHEREAS the demands on county budgets continue to increase including health care, motor fuel, road materials, and all other products and services purchased by counties; and WHEREAS artificial appraisal caps or revenue caps will result in a shill of taxes from rapidly appreciating properties to those remaining relatively stable in value and to all non-residential properties; and WHEREAS appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in a severe impact on county services; and W/RiREAS undermining a property tax system based upon fair market value is questionable public policy and will result in a distorted, inequitable taxation scheme under which identical homes could be taxed at vastly different amounts; and WHEREAS it would be inequitable for the Texas Legislature to impose additional revenue caps on local govenunents without imposing similar caps on state government and repealing and prohibiting state unfunded mandates. NOW, THEREFORE, BE IT RESOLVED, that the Commissioners Court of Brazos County, Texas does hereby express its opposition to efforts to limit local control and docs hereby oppose any attempts to impose revenue caps or appraisal caps upon Texas counties, and the Commissioners Court of Brazos County, Texas expresses its deep appreciation to all legislators who oppose these unsound measures. DIIL 1'PASSED AND ADOPY 70, day o1' ; ember, 2116 in It 13 ms County, Texas. Duane Peters County Judge Com- sioucr Lloyd Wassermann Precinct 1 enny Ma and Precinct 3 16-018 I yy� nT 9 Resolution Opposition to Unfunded Mandates W!/EREAS Texas counties are responsible for the operation and management of many and various governmental programs as required or authorized by state law; and W11FREAS some county government programs are fully or partially supported with funds disbursed by the State of Texas pursuant to the state appropriations process; and WHEREAS the Stale of Texas, acting through the Texas Legislature or through a state agency or executive order, may enact laws or promulgate rules that have the et7ect of imposing mandatory financial obligations upon Texas counties; and WHEREAS the Slate of Texas, acting through the Texas Legislature or du'ough a state agency or executive order, mandates that counties implement certain governmental programs or perform certain duties and obligations including financial commitments by a county to expend county funds in connection therewith; and 1{!/IiREAS during each regular session of the Texas Legislature, all state funds that support county programs are reviewed through the state appropriation process and by other budgetary review systems; and WHEREAS the aforementioned review process may result in it reduction, or cessation, of state financial support of county government programs causing an unforeseeable disruption and reduction of the county budget and operations; slid WHEREAS Texas counties cannot achieve reliable financial planning and the necessary bond ratings sufTlcient to support county -related obligations when the state mandates a new progrtun that is not fully funded or under conditions where the state reduces or fully withdraws prior funding laid disbursement for county government programs; NOW' 77iEREFORE, the Commissioners Court of Brazos County, Texas does hereby resolve that for the foregoing reasons, it is in the best interests of Texas counties and their taxpayers to support and favor the Passage of legislation in the Corm or all amendment to the Constitution of the State of Texas that would expressly prohibit the imposition of a mandatory governmental program on Texas counties, whether by an act of the Texas Legislature or a state agency or by executive order, unless the State of Texas has fully funded and disbursed all necessary funds to enable Texas counties to operate said governmental program. DUL YPASSED AND ADOPTS y of September, 2016 in Bryan, Banos County, Texas. Duane Peters County Judge _ W7t1t�.s✓ Conartfqsioner Lloyd Wassermann J(� Precinct I .—Comcussionci>�iall d Precinct 9 I 16-019 Ed Resolution State Funds for Indigent Criminal Defense WHEREAS the right to assistance by legal counsel is guaranteed by the U.S. Constitution; and WHEREAS the State of Texas is required to implement this right and provide legal counsel to indigent critninal defendants; and WHEREAS the Texas Fair Defense Act, adopted by the Texas Legislature in 2001, implements this right and requires certain procedures and attorney appointments; and WHEREAS the Texas Legislature has failed to provide sufficient funding to offset the costs of the Fair Defense Act and has shifted this cost to county taxpayers; and WHEREAS county expenditures for indigent criminal defense have increased over 100 percent since the adoption of the Fair Defense Act; and WHEREAS the state funding is totally inadequate, providing approximately 12 percent of the indigent defense costs; and WHEREAS indigent criminal defense is a state responsibility that should be adequately funded on a statewide basis, not a burden overwhelmingly home by local property taxpayers. NOW, THEREFORE, BE IT RESOLVED, that the Commissioners Court of Brazos County, Texas does hereby request that the Texas Legislature fully fund the costs of indigent criminal defense. DUL Y PASSED AND ADOPTED th s�7"11. of Se tember, )T�in Bryan, Brazos County, Texas. Duane Peters �pp� County Judge Co sinner Lloyd Wassermann Precinct 1 Commission {enny Mallar Precinct 3 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY ` DONATION OF COUNTY PROPERTY Date: IAcceptance of-B�cnated/Awarded Property FIDonation of County Property (Awarded property requires signed court documentation) Item Description: $3.900.00 Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: SNNIN #: Year: 1-1 Functional FINon-Functional. Explain if Non -Functional Additional Description/Information: donated funds from CHI St. Joseph Hospital will be used for the purchase of operational and training equipment. Estimated Value: Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: 60010000 (No Asset Tag - Under $500) 67010000 (Minor Property - $500 - $4999) 80010000 (Capital Property - Over $5000) donated to: 1-1 Government Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: I certify that the above mentioned item has been donated or awarded to Brazos County. upon approval by Commissioner's Court will become a part of the General Fix determination to accept or reject the donation will be made at the sole discretions f G usefulness, projected operating, maintenance and insurance costs. Requesting Department: Sheriffs Office DeparimentName Organization Receiving Donated Property: Authorized Signature property This item has been received in good faith and Asset A count of Brazos County. The i9gTo teCour¢ based upon such things as rApprov by -6e 'sinners Dort on this ! I day of f} .(J/ \ Commissioners Court pproval __-.. INVESTMENT POLICY STATEMENT FOR BRAZOS COUNTY,TEXAS OTHER POST -EMPLOYMENT BENEFITS TRUST pa.��a TABLE OF CONTENTS SECTION Purpose ............................. Investment Authority ........................................ Statement of Investment Objectives ................................. Investment Guidelines ...................................... Time Horizon Liquidity and Diversification Asset Allocation Rebalancing Philosophy Risk Tolerance Performance Expectations Selection of Investment Managers ......................................... Guidelines for Portfolio Holdings ................... Direct Investments by Advisor Limitations on Managers' Portfolios Portfolio Risk Hedging Prohibited Portfolio Investments Safekeeping ControlProcedures............................................................................................ Review of Investment Objectives Review of Investment Performance Voting of Proxies PAGE W ......7 Adoption of Investment Policy Statement...............................................................11 2 Vol. Pg,��_ l Brazos County, Texas has established the Brazos County Other Post -Employment Benefits Trust (the "Trust"). This Trust is intended to provide funding of non -pension post -employment benefits ("OPEB") for those employees who meet the age and service requirements outlined in the plan document. The Trustees of the Trust hereby adopt this Investment Policy Statement ("Policy Statement') for the following purposes. Purpose The main investment objective of the Trust is to achieve long-term growth of Trust assets by maximizing long-term rate of return on investments and minimizing risk of loss to fulfill Brazos County, Texas' current and long-term OPEB obligations. The purpose of this Policy Statement is to achieve the following: 1. Document investment objectives, performance expectations and investment guidelines for Trust assets. 2. Establish an appropriate investment strategy for managing all Trust assets, including an investment time horizon, risk tolerance ranges and asset allocation to provide sufficient diversification and overall return over the long-term time horizon of the Trust. 3. Establish investment guidelines to control overall risk and liquidity. 4. Establish periodic performance reporting requirements to monitor investment results and confirm that the investment policy is being followed. 5. Comply with fiduciary, prudence, due diligence and legal requirements for Trust assets. Investment Authority Brazos County, Texas has appointed an OPEB Investment Plan Committee (the "Committee") to oversee certain policies and procedures related to the operation and administration of the Trust. The Committee will have authority to implement the investment policy and guidelines in the best interest of the Trust to best satisfy the purposes of the Trust. In implementing this Policy Statement, the Committee believes it may delegate certain functions to: 1. An investment advisor ("Advisor") to assist the Committee in the investment process and to maintain compliance with this Policy Statement. The Advisor may assist the Committee in establishing investment policy objectives and guidelines. The Advisor will adjust asset allocation for the Trust subject to the guidelines and limitations set forth in this Policy Statement. The Advisor will also select investment managers ("Managers") and strategies consistent with its role as a fiduciary for the Trust. The investment vehicles allowed may include mutual funds, commingled trusts, separate accounts, limited partnerships and other investment vehicles deemed to be appropriate by the Advisor. The Advisor is also responsible for monitoring and reviewing investment managers; measuring and evaluating performance; and other tasks as deemed appropriate in its role as Advisor for Trust assets. The Advisor may also select investments with discretion to purchase, sell, or hold specific securities, such as Exchange Traded Funds, that will be used to meet the Trust's investment objectives. The Advisor shall never take possession of securities, cash or other assets of the Trust, all of which shall be held by the custodian. The Advisor must be registered with the Securities and Exchange Commission. 2. A custodian selected by the Trust to maintain possession of physical securities and records of street name securities owned by the Trust, collect dividend and interest payments, redeem maturing securities, and effect receipt and delivery following purchases and sales. The custodian may also perform regular accounting of all assets owned, purchased, or sold, as well as movement of assets into and out of the Trust. 3. A trustee appointed by the Trust, such as a bank trust department, if the Trust does not have its own Trustees, to assume fiduciary responsibility for the administration of Trust assets; provided, however, that if the Committee shall have appointed an investment advisor, then any trustee appointed under this paragraph shall have no authority with respect to selection of investments. 4. Specialists such as attorneys, auditors, actuaries and, retirement plan consultants to assist the Committee in meeting its responsibilities and obligations to administer Trust assets prudently. Statement of Investment Obiectives The investment objectives of the Trust are as follows: 1. To invest assets of the Trust in a manner consistent with the following fiduciary standards: (a) all transactions undertaken must be for the sole interest of Trust beneficiaries, and (b) assets are to be diversified in order to minimize the impact of large losses from individual investments. 2. To provide for funding and anticipated withdrawals on a continuing basis for payment of benefits and reasonable expenses of operation of the Trust. 3. To enhance the value of Trust assets in real terms over the long-term through asset appreciation and income generation, while maintaining a reasonable investment risk profile. 4. Subject to performance expectations over the long-term, to minimize principal fluctuations over the Time Horizon (as defined below). 5. To achieve a long-term level of return commensurate with contemporary economic conditions and equal to or exceeding the investment objective set forth in this Policy Statement under the section labeled "Performance Expectations". 4 �, SIV Investment Guidelines Within this section of the Policy Statement, several terms will be used to articulate various investment concepts. The descriptions are meant to be general and may share investments otherwise considered to be in the same asset class. They are: "Growth Assets" - a collection of investments and/or asset classes whose primary risk and return characteristics are focused on capital appreciation. Investments within the Growth Assets category can include income and risk mitigating characteristics, so long as the predominant investment risk and return characteristic is capital appreciation. Examples of such investments or asset classes are: domestic and international equities or equity funds, private or leveraged equity, certain real estate investments, and hedge funds focused on equity risk mitigation or equity -like returns. "Income Assets" - a collection of investments and/or asset classes whose primary risk and return characteristics are focused on income generation. Investments within the Income Assets category can include capital appreciation and risk mitigating characteristics, so long as the primary investment risk and return characteristic is income generation. Examples of such investments or asset classes are: fixed income securities, guaranteed investment contracts, certain real estate investments, and hedge funds focused on interest rate risk mitigation or income investment -like returns. "Real Return Assets" - a collection of investments and/or asset classes whose primary risk and return characteristics are focused on real returns after inflation. Investments within the Real Return category can include inflation protected securities, commodities, certain real estate investments and hedge funds. Time Horizon The Trust's investment objectives are based on a long-term investment horizon ("Time Horizon") of five years or longer. Interim fluctuations should be viewed with appropriate perspective. The Committee has adopted a long-term investment horizon such that the risks and duration of investment losses are carefully weighed against the long-term potential for appreciation of assets. Liquidity and Diversification In general, the Trust may hold some cash, cash equivalent, and/or money market funds for near-term Trust benefits and expenses (the "Trust Distributions"). Remaining assets will be invested in longer- term investments and shall be diversified with the intent to minimize the risk of long-term investment losses. Consequently, the total portfolio will be constructed and maintained to provide diversification with regard to the concentration of holdings in individual issues, issuers, countries, governments or industries.. Asset Allocation The Committee believes that to achieve the greatest likelihood of meeting the Trust's investment objectives and the best balance between risk and return for optimal diversification, assets will be invested in accordance with the targets for each asset class as follows to achieve an average total annual rate of return that is equal to or greater than the Trust's target rate of return over the long-term, as described in the section titled "Performance Expectations". Asset Classes Asset Weightings Range Target Growth Assets Domestic Equity 19%-59% 39% International Equity 1%-41% 21% Other 0%-20% 0% Income Assets Fixed Income 20%-60% 40% Other 0%-20% 0% Real Return Assets 0%-20% 0% Cash Equivalents 0%-20% 0% The Advisor and each Manager will be evaluated against their peers on the performance of the total funds under their direct management. Rebalancing Philosophy The asset allocation range established by this Policy Statement represents a long-term perspective. As such, rapid unanticipated market shifts or changes in economic conditions may cause the asset mix to fall outside Policy Statement ranges. When allocations breach the specified ranges, the Advisor will rebalance the assets within the specified ranges. The Advisor may also rebalance based on market conditions. Risk Tolerance Subject to investment objectives and performance expectations, the Trust will be managed in a style that seeks to minimize principal fluctuations over the established Time Horizon. Performance Expectations Over the long-term, five (5) years or longer, the performance objective for the Trust will be to achieve an average total annual rate of return that is equal to or greater than the Trust's actuarial discount rate. Additionally, it is expected that the annual rate of return on Trust assets will be commensurate with the then prevailing investment environment. Measurement of this return expectation will be judged by F 01 reviewing returns in the context of industry standard benchmarks, peer universe comparisons for individual Trust investments and blended benchmark comparisons for the Trust in its entirety. Selection of Investment Managers The Advisor shall prudently select appropriate Managers to invest the assets of the Trust. Managers must meet the following criteria: — The Manager must provide historical quarterly performance data compliant with Global Investment Performance Standards (GIPS, Securities & Exchange Commission ("SEC"), Financial Industry Regulatory Agency ("FINRA") or industry recognized standards, as appropriate. — The Manager must provide detailed information on the history of the firm, key personnel, support personnel, key clients, and fee schedule (including most -favored -nation clauses). This information can be a copy of a recent Request for Proposal ("RFP") completed by the Manager or regulatory disclosure. — The Manager must clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time. — The investment professionals making the investment decisions must have a minimum of three (3) years of experience managing similar strategies either at their current firm or at previous firms. — Where other than common funds such as mutual funds or commingled trusts are utilized, the Manager must confirm receipt, understanding and adherence to this Policy Statement and any investment specific policies by signing a consent form provided to the Manager prior to investment of Trust assets. Guidelines for Portfolio Holdings Direct Investments by Advisor Every effort shall be made, to the extent practical, prudent and appropriate, to select investments that have investment objectives and policies that are consistent with this Policy Statement (as outlined in the following sub -sections of the "Guidelines for Portfolio Holdings'). However, given the nature of the investments, it is recognized that there may be deviations between this Policy Statement and the objectives of these investments. Limitations on Managers' Portfolios EQUITIES No more than the greater of 5% or weighting in the relevant index (Russell 3000 Index for U.S. issues and MSCI ACWI ex -U.S. for non -U.S. issues) of the total equity portfolio valued at market may be invested in the common equity of any one corporation; ownership of the shares of one company shall not exceed 5% of those outstanding; and not more than 40% of equity valued at market may be held in any one sector, as defined by the Global Industry Classification Standard (GIGS). Domestic Equities. Other than the above constraints, there are no quantitative guidelines as to issues, industry or individual security diversification. However, prudent diversification standards should be developed and maintained by the Manager. International Equities. The overall non -U.S. equity allocation should include a diverse global mix that is comprised of the equity of companies from multiple countries, regions and sectors. FIXED INCOME Fixed income securities of any one issuer shall not exceed 5% of the total bond portfolio at time of purchase. The 5% limitation does not apply to issues of the U.S. Treasury or other Federal Agencies. The overall rating of the fixed income assets as calculated by the Advisor shall be investment grade, based on the rating of one Nationally Recognized Statistical Rating Organization ("NRSRO"). OTHER ASSETS (ALTERNATIVES) Alternatives may consist of non-traditional asset classes such as hedge funds, private equity, real estate and commodities, when deemed appropriate. The total allocation to this category may not exceed 30% of the overall portfolio. Hedge Funds: Primary objective shall be to enhance the risk -return profile of the overall portfolio. This can be accomplished by using a combination of hedge fund strategies that may enhance returns at a reasonable level of risk or reduce volatility while providing a reasonable level of return. These asset classes may differ from traditional public market asset classes due to the use of certain strategies including short -selling, leverage, and derivatives. Hedge funds may also invest across asset classes. The use of direct hedge funds and fund -of -hedge funds are allowed. For purposes of asset allocation targets and limitations, single strategy hedge funds will be categorized under the specific asset class of the fund. For example, .a long/short U.S. equity fund will be categorized as "Other" in the Growth Assets category while a long/short credit fund will be categorized as "Other" in the Income Assets category. Multi -strategy hedge funds that cannot be easily categorized under one asset class will be included in "Other" under either the Growth Assets or Income Assets category depending on the risk - return profile of the strategy. Private Equity: Private equity is less liquid than publicly traded equity securities and can provide returns that are greater than what is available in publicly traded markets. The private equity portfolio may include investments in a variety of commingled/partnership and direct investment vehicles including, but not limited to, venture capital, buyout, turnaround, mezzanine, distressed security, and special situation funds. The private equity portfolio is recognized to be long-term in nature and highly illiquid. Due to their higher risk, private equity investments are expected to provide higher returns than publicly traded equity securities. For purposes of asset allocation targets and limitations, these funds will be categorized as "Other" under the Growth Assets category. Real Estate: Consists of publicly traded Real Estate Investment Trust ("REIT") securities and/or non - publicly traded private real estate and shall be diversified across a broad array of property types and geographic locations. Investments of this type are designed to provide a stable level of income combined with potential for price appreciation, particularly in periods of unexpected inflation. For private real estate, the illiquid, long-term nature should be considered. For purposes of asset allocation targets and limitations, publicly traded REITs will be categorized as "Other" under the Growth Assets category. Depending on the investment characteristics of a private real estate fund, the fund will be categorized as "Other" under either the Income Assets category, for example, a core real estate fund, or under the Growth Assets category, for example, an opportunistic real estate fund where capital gains are expected to make up a significant portion of the total return. Inflation Hedge: Shall consist of pooled vehicles holding among other assets: Treasury Inflation Protected Securities ("TIPS"), commodities or commodity contracts, index-linked derivative contracts, certain real estate or real property funds and the equity of companies in businesses thought to hedge inflation. Inflation hedge assets will be reported in the Real Return Assets category. CASH EQUIVALENTS Cash equivalents shall be held in funds complying with Rule 2(a)-7 of the Investment Company Act of 1940. Portfolio Risk Hedpine Portfolio investments designed to hedge various risks including volatility risk, interest rate risk, etc. are allowed to the extent that the investments are not used for the sole purpose of leveraging Trust assets. One example of a hedge vehicle is an exchange traded fund ("ETF") which takes short positions. Prohibited Investments Except for purchase within authorized investments, securities having the following characteristics are not authorized and shall not be purchased: letter stock and other unregistered securities, direct commodities or commodity contracts, or private placements (with the exception of Rule 144A securities). Further, derivatives, options, or futures for the sole purpose of direct portfolio leveraging are prohibited. Direct ownership of real estate, natural resource properties such as oil, gas or timber and the purchase of collectibles is also prohibited. Safekeeain� All assets of the Trust shall be held by a custodian approved by the Committee for safekeeping of Trust assets. The custodian shall produce statements on a monthly basis, listing the name and value of all assets held, and the dates and nature of all transactions in accordance with the terms in the Trust Agreement. Investments of the Trust not held as liquidity or investment reserves shall, at all times, be invested in interest-bearing accounts. Investments and portfolio. securities may not be loaned. LP9___ _Ei Control Procedures Review of Investment Objectives The Advisor shall review annually and report to the Committee the appropriateness of this Policy Statement for achieving the Trust's stated objectives. It is not expected that this Policy Statement will change frequently. In particular, short-term changes in the financial markets should not require an adjustment in this Policy Statement. Review of Investment Performance The Advisor shall report on a quarterly basis to the Committee to review the investment performance of the Trust. In addition, the Advisor will be responsible for keeping the Committee advised of any material change in investment strategy, Managers, and other pertinent information potentially affecting performance of the Trust. The Advisor shall compare the investment results on a quarterly basis to appropriate peer universe benchmarks, as well as market indices in both equity and fixed income markets. Examples of benchmarks and indexes that will be used include the Russell 3000 Index for broad U.S. equity strategies; S&P 500 Index for large cap U.S. equities, Russell 2000 Index for small cap U.S. equities, MSCI ACWI ex -U.S. Index for broad based non -U.S. equity strategies; MSCI Europe, Australasia, and Far East (SAFE) Index for developed markets international equities, Barclays Capital Aggregate Bond Index for fixed income securities, and the U.S. 91 Day T-bill for cash equivalents. The Russell 3000 Index will be used to benchmark the U.S. equities portfolio; the MSCI ACWI ex -U.S. Index will be used to benchmark the non -U.S. equities portfolio; the Barclays U.S. Aggregate Bond Index will be used to benchmark the fixed income portfolio. The categories "Other" will be benchmarked against appropriate indices depending on the specific characteristics of the strategies and funds used. Voting of Proxies The Committee recognizes that proxies are a significant and valuable tool in corporate governance. The voting rights of individual stocks held in separate accounts or collective, common, or pooled funds will be exercised by the investment managers in accordance with their own proxy voting policies. The voting rights of funds will be exercised by the Advisor. 10 Pg /�� Adoption of Investment Policy Statement Any changes and exceptions to this Policy Statement will be made in writing and adopted by the Committee. Once adopted, changes and exceptions will be delivered to each Manager, as appropriate, by the Advisor. aved t nvestment Plan Committee: Member MerVer M In r9 Date io r! Da Ib (f (o Date Mem er O 4' Dat ,o Date 11 VOL _� F; q, �� BRAZOS COUNTY BRYAN, TEXAS Duane Peters Office of the County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 U.S. Bank National Association Institutional Trust and Custody 60 Livingston Avenue EP-MN-WS4E St. Paul, MN 55107 ATTN: Mary Ann Baumann Re: Investment Advisor Designation Phone: (979) 361-4102 Fax: (979) 361-4503 Email: dpeters@co.brazos.tx.us We hereby advise you that we have appointed PFM Asset Management, LLC as investment manager for Brazos County effective September 27, 2016, Pursuant to a duly authorized and executed investment advisory contract, our investment manager has been properly delegated the authority to select, buy, and sell investments on our behalf. In the event our investment manager chooses to access account information via the U.S. Bank intranet website, you are authorized to provide account information in that manner until further notice from us. It is our understanding that data obtained through the website is unaudited and that you reserve the right to adjust entries. We agree to indemnify U.S. Bank for any claim, loss or liability arising out of any improper or incorrect use of data by our investment manager. You are hereby instructed to follow the instructions of our investment manager with respect to the assets in the below listed accounts until you are advised in writing that the authority of our investment manager has been changed or revoked. Z-'1' Duane Peters County Judge Accounts: 10128623 RESOLUTION NO. 16-021 A RESOLUTION OF BRAZOS COUNTY, TEXAS ESTABLISHING AND DECLARING THE COUNTY OF BRAZOS' OTHER POST - EMPLOYMENT BENEFITS TRUST ("OPEB") AS SECTION 115 TRUST PURSUANT TO THE INTERNAL REVENUE CODE AND IN COMPLIANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENTS 43 AND 45; ESTABLISHING THE BRAZOS COUNTY COMMISSIONER'S COURT (OR THEIR DESIGNEES) AS THE BOARD OF TRUSTEES; ESTABLISHING A TRUST ADMINISTRATOR RESPONSIBLE FOR THE DAY TO DAY ADMINISTRATION OF THE TRUST; PROVIDING FOR THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES; PROVIDING FOR DELEGATION OF CERTAIN OF THE DUTIES AND POWERS OF THE TRUSTEES TO THE TRUST ADMINISTRATOR; ESTABLISHING THE COUNTY'S OPEB INVESTMENT COMMITTEE AS THE TRUST ADMINISTRATOR; PROVIDING FOR VARIOUS TERMS OF THE TRUST; AUTHORIZING INITIAL TRANSFER OF $500,000 TO THE OPEB TRUST. PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commissioner's Court of the County of Brazos ("County") has established and maintains certain employee benefit plans that provide post -employment benefits other than pensions (as more fully defined hereinafter, "Benefits"), to serve as subsidies for such Benefits as, but not limited to medical and prescription drug coverage, to a class of retired former employees of the County, more particularly described below (collectively, "Beneficiaries"'); and, WHEREAS, the Governmental Accounting Standards Board ("GASB") has issued GASB Statement 43 ("GASB 43") and Statement 45 ("GASB 45") that establish standards for accounting and financial reporting for state and local governmental employers, such as the County, that offer Benefits to certain former employees; and, WHEREAS, the County, as Settler of this Trust, desires to create and establish this Declaration of Trust, that will be separate from the County, for the purpose of providing funds to pay for Benefits with the intent that (i) the income of the Trust will be exempt from federal income tax under Internal Revenue Code Section 115; (ii) the Trust will qualify as a trust for purposes of GASB 43; and (iii) all assets of the Trust are and will be dedicated to, and shall be used for the exclusive purpose of, providing for payments of Benefits and for paying expenses of administering the Trust, and will not be available to any creditors of the County; and, Brazos County OPEB Trust Resolution 1 Val. 9Z/ I u O 6� Page 1 _ WHEREAS, the County's provision of Benefits to Beneficiaries constitutes an essential governmental function within the meaning of Section 115(1) of the Internal Revenue Code; and, WHEREAS, Sections 115 and 671 of the Internal Revenue Code permit the County to establish a separate Trust that would serve as a vehicle for accumulating amounts needed to pay for Benefits; and, WHEREAS, the Trust established hereunder either in whole or in part, shall not be used for, nor shall any of the income or other assets held under the terms of the Trust be used for purposes other than the payment of Benefits to or on behalf of Beneficiaries under the employee benefit Plans or the expenses incident thereto or expenses of the Trust or distribution in accordance with Section 4.02 hereof upon termination of the trust; and, WHEREAS, assets of the Trust shall be held by the Board of Trustees at all times and the Trust assets shall not be considered funds or assets of the County for any purpose, other than financial reporting purposes under Generally Accepted Accounting Principles (GAAP) other than as set forth in Section 4.02 hereof for distribution upon termination of the trust. NOW, THEREFORE, BE IT RESOLVED BY THE BRAZOS COUNTY COMMISSIONERS COURT AS FOLLOWS: ARTICLE I DEFINITIONS SECTION 1.01. Definitions. As used in this Resolution, unless otherwise defined or required by the context, the following terns shall have the meanings hereinafter set out: "Actuarial Accrued Liability" shall mean that portion of the actuarial present value of Trust obligations, as determined under a particular Actuarial Cost Method and related administrative expenses. "Actuarial Cost Method" shall mean a method of determining the actuarial present value of the obligations and administrative expenses of the Trust and for developing an actuarially equivalent allocation of the value to time periods. Acceptable actuarial methods include the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods. "Actuarial Valuation" shall mean the determination, as of valuation date, of the normal cost, Actuarial Accrued Liability, actuarial value of assets, and related actuarial present values of the Trust. "Administrative Expenses" shall mean all reasonable expenses related to and incurred in the operation of the Trust, including all investment expenses. Brazos County OPBB Trust Resolution 2 Paget Vol. "Annual Required Contribution" and "ARC" shall mean the amount to be contributed in a given year to fund the Trust, as determined by the Actuarial Valuation in accordance with requirements of GAAP and all other such requirements under GASB 43 and GASB 45. This amount should represent a level of funding that if paid on an ongoing basis is projected to cover the normal cost each year and amortize any Unfunded Actuarial Accrued Liabilities over a period not to exceed thirty (30) years. "Beneficiaries" shall mean former employees of the County, who meet the criteria for eligibility for Benefits under the Plans for each respective class of employees. "Benefte shall mean post -employment benefits paid pursuant to the Plans on behalf of Beneficiaries after an employee's separation from service, other than pension benefits. Depending on the specific provisions of the. Plans, such benefits may include, but shall not necessarily be limited to, subsidies for medical, prescription drugs, dental, and vision. "County" shall mean the County of Brazos, Texas, acting through its County Commissioners. The County is the Settler of this Declaration of Trust. "County Commissioners" shall mean the County Commissioner's Court of Brazos County, the governing body for the County. The County Commissioners shall also constitute the Board of Trustees under the OPEB Trust. The County Judge of the County shall serve as the Chairman of the Board of Trustees. "Code" means the Internal Revenue Code of 1986, as amended. "Director of Finance" shall mean the person holding the office of the Director of Finance of the County. The Director of Finance shall also be "Employee" shall mean an employee or former employee of the County. "Fiscal Year" shall mean October 1 of any year through September 30 of the following year. "GASB" shall mean the Governmental Accounting Standards Board. "Generally Accepted Accounting Principles" or "GAAP" shall mean accounting principles generally accepted in the United States of America. "Minimum Annual Payment" and "Pay-as-you-go" amount shall mean the annual amount paid by the County, if any, toward Benefits, which, when combined with the Trust assets, will provide sufficient funds to cover all Benefits and related Administrative Expenses for that Fiscal Year. Brazos County OPBB Trust Resolution - / '/ � Page 3 "Obligations" shall mean those Benefits and Administrative Expenses of the Trust and the cost of the ARC which is allocated to such valuation year by the Actuarial Cost Method used for the Trust. "Other Post -Retirement Benefits," "OPEB" or "Post -Retirement Health Care Benefits" means those benefits as addressed by GASB 43 and GASB 45, or any subsequent GASB statement that may be applicable to the Trust. "Plan" shall mean such post -employment benefit plan or plans for former employees of the County, which such Plan may be amended from time to time, for which Benefits are funded in whole or in part by the County under the Trust established hereunder. The term "Plan" shall not include the County's General Employees' Retirement System, the County's Police and Firefighters' Retirement System, nor any 401(a) or 457 account set up for the benefit of participating employees or former employees. The term 'Plan" shall include those Plans described in Schedule One to this Trust and shall include amendments or revisions thereto which may be adopted from time to time. "Trust" shall mean the County of Brazos OPEB Trust created and set forth herein. "Trust Administrator" shall mean the County's OPEB Investment Committee as set forth herein Finance Director who shall be responsible for the administration of the day-to-day operation and management of the Trust pursuant to Section 2.06 hereof and in accordance with the policies and directives issued by the Board of Trustees from time to time. "Trustees" shall mean the County Commissioner's Court acting as the Board of Trustees for the County's OPEB Trust. "Unfunded Actuarial Accrued Liability" shall mean for any Actuarial Valuation, the excess of the Actuarial Accrued Liability over the actuarial value of the assets of the Trust under an Actuarial Cost Method used by the Trust for funding purposes. ARTICLE II ESTABLISHMENT OF TRUST SECTION 2.01. Creation of Trust; Purpose. The County, by and through its governing body, hereby creates this Declaration of Trust to be known as the "OPEB Trust". The OPEB Trust is hereby created for the sole purpose of providing funding for, and payment of, Benefits to Beneficiaries and the payment of reasonable expenses of administration of the Trust. The provision of Benefits to Beneficiaries constitutes an essential governmental function within the meaning of Section 115(1) of the Intemal Revenue Code. The Trust is created for the purpose of funding and providing for the payment of Benefits to the Beneficiaries under the Plans and in no event shall any part of the principal or income Brazos County OPEB Trust Resolution I \, 0l t' C O � U5- , Page 4 V01. �/_ of the Trust be paid or revert to the County for any purpose whatsoever other than to pay or to provide reimbursement for eligible Benefit expenditures for the exclusive benefit of Beneficiaries, including Administrative Expenses, except in accordance the terms and conditions set forth in Section 4.02, Termination of Trust. The Trust is created pursuant to the authority of The Texas Property Code, Section 163.003(4) (b) and the County's Charter and other applicable law and shall constitute a governmental trust pursuant to Section 115 of the Code. The Trust may consist of the contributions from the County, all investments made or held under the Trust, and all income therefrom, both received and accrued, and any other property, that may be received or held by reason of the Trust. It is intended that the Trust shall be tax- exempt and shall qualify as tax-free under Section 115(1) of the Code and any amendments of the Code applicable to trusts of such type. No part of the net earnings of the Trust may inure to the benefit of any employee of the County or Beneficiary other than by Benefit payments or for Administrative Expenses. The assets of the Trust shall not be used for or diverted to purposes other than to provide the Benefits contemplated hereunder for the exclusive benefit of Beneficiaries, except any Administrative Expenses for which the Trust is liable as set forth herein, and except pursuant to and as provided for by Section 4.02 hereof upon termination of the Trust. A portion of net earnings may be used for payment of reasonable and necessary professional services, costs, and expenses related to assisting the Trustees and Trust Administrator in the operation of the Trust. All income, profits, recoveries, contributions, forfeitures and any and all monies, securities and properties of any kind at any time received or held by the Trustees hereunder, shall become part of the Trust when received, and shall be held for the use and purposes hereof. The County shall not be liable for payment to the Trust of any amount other than those contemplated by this Declaration of Trust. Neither the County nor any Beneficiary, Trustee or Trust Administrator shall be liable for any debts, liabilities, nor did obligations of the Trust except as provide herein. SECTION 2.02 Conformity to Code. This OPEB Trust is established as a Code Section 115 governmental trust and shall conform to all applicable sections of the Code and all statutes, ordinances, rules, regulations, and Judicial decisions interpreting the foregoing provisions. This OPEB Trust shall be interpreted in a manner consistent with such intent and the intention of the County that the Trust hereunder satisfies the requirements of GASB 43 and GASB 45. SECTION 2.03. Exclusive Benefit. Except as provided under applicable law, no part of the corpus or income of the Trust may be used for or diverted to, any purpose other than for the exclusive benefit of Brazos County OPEB Trust Resolution Page 5 Vol. Beneficiaries under any Plan prior to the satisfaction of all liabilities of the Plan with respect to all Beneficiaries and payment of all Administrative Expenses and in accordance with the provisions set forth in Section 4.02 hereof regarding termination of the Trust. SECTION 2.04. No Right of Reversion; Return of Contributions. Except as provided in subsection (b) below, neither the County, the Trustees nor Trust Administrators shall have any right, title, interest, claim or demand whatsoever in or to the funds held by the Trust, other than the right to a proper application thereof and accounting therefor as provided herein, nor shall any funds ever revert back to the County prior to the satisfaction of all liabilities of the Trust with respect to all Beneficiaries and payment of all Administrative Expenses in accordance with Section 4.02 hereof regarding termination of the Trust. Notwithstanding any other provisions of this Trust, if and to the extent permitted by the Code and other applicable laws and regulations thereunder and by GASB 43 and GASB 45, upon the County's request, a contribution that is deposited into the Trust by a mistake in fact shall be returned by the Trustees to the County within a reasonable period of time. SECTION 2.05. Spendthrift Provision. All assets, income, and distributions of the Trust shall be protected against the claims of creditors of the County and Beneficiaries, and shall not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, nor shall any assignment thereof be enforceable in any court. SECTION 2.06. Named Fiduciary. The Trustees and Trust Administrator shall be fiduciaries for the Trust, shall have the duty to invest and manage investment assets as set forth in Texas Property Code, Section 163.004 (b) & (e) and 163.006, as same may be amended from time to time and shall have the power to delegate responsibilities under the terms of this Trust. Such delegations of fiduciary responsibilities may be to officers and employees of the County, or to other individuals or organizations, including an actuary or a third -party administrator or record - keeper, all of whom shall hold those delegations at the pleasure of the Trustees, provided however, that such delegation shall not relieve the Trustees of their fiduciary responsibility and such delegates shall maintain fiduciary standards in the exercise of their duties. Any employee of the County, who already receives full-time pay, and to whom such fiduciary responsibilities are delegated, shall serve without additional compensation, the Settler hereby creates the office of the Trust Administrator who shall be responsible for the administration of the day-to- day affairs of the Trust in accordance with the terms of this Trust and the policies adopted by the Trustees. The Trust Administrator shall meet with the Board of Trustees, no less frequently than annually. In the event that there is a prolonged absence, Brazos County OPBB Trust Resolution ) - I Page incapacity or vacancy in the majority of positions on the OPEB Investment Committee, the Trustees shall appoint a temporary member to act as the absent position during the Intervening period or until a new OPEB Investment Committee member Director of Finance is appointed, whichever shall first occur. During such period the temporary member shall have all the powers, responsibilities and duties otherwise vested in the position on the committee. SECTION 2.07. Segregation of Assets. Assets under the Trust may be segregated for investment purposes, No individual account for any Beneficiary will be maintained at any time under the Trust and no Beneficiary will have any rigl1t or title with respect to any specific assets of the Trust. Accordingly, no Beneficiary will have a preferred claim, lien on, security interest in, or any beneficial interest in, any particular assets of the Trust. Beneficiaries will be entitled to receive payments of assets of the Trust (or have such assets paid on behalf of such Beneficiaries) only when, as and if determined by the Trustees in accordance with terms of the Plan. SECTION 2.08. County Contributions. In its sole discretion, the County from time to time may make (or cause to be made) contributions of cash or other assets acceptable to the Trustees to the Trust, from County contributions or any other legally available source of funds. Neither the Trustees nor any Beneficiary nor any other person or entity shall have the right to compel such contributions. All such contributions and all income thereon are dedicated to, and shall only be used for, those purposes authorized by this Trust. The County shall develop the Minimum Annual Payment as part of Its budget each year. SECTION 2.09 Terminations of Contributions. The County has established the Trust with the bona fide intention and expectation that from year to year the County will be able to and will deem it advisable to make its contributions as herein provided. However, the County reserves the right to fund the Benefits on a "Pay-as-you-go" basis and recognizes that circumstances not now foreseen or circumstances beyond the County's control may make it either impossible or inadvisable to continue to make the County's contributions as herein provided. In the event the County determines that it is impossible or inadvisable for the County to continue to make its contributions as herein provided, the County shall have the right to suspend or terminate its contributions. SECTION 2.10. Expenses of Administration. All Administrative Expenses shall be paid out of the assets of the Trust. Brazos CountyOPEB Trust Resolution ' Page I vol. d4/ a� ARTICLE III DUTIES AND POWERS OF THE TRUSTEE SECTION 3.01. Creation of Board of Trustees. A board of trustees for the Trust is hereby created and such board shall be known as the Board of Trustees (the "Trustees"). Such Board of Trustees shall be comprised of the then current members of the Brazos County Commissioner's Court and shalt meet as the Board of Trustees for the OPEB Trust not less frequently than annually. The County Judge shall serve as chairman of the Board of Trustees and the County Clerk, shall serve as recording clerk to the Trustees. The County Clerk shall keep a complete minute book of the actions, proceedings, or hearings of the Trustee. To the extent allowed or required by Texas Property Code Section 163.004 and other applicable federal, Texas, or local law, the Board of Trustees for the OPEB Trust shall be a separate legal entity with all powers and responsibilities conferred upon it by law and by this Declaration including the power to bring and defend lawsuits of every kind, nature and description. The Trustees are hereby authorized to make and adopt such reasonable rules and regulations as may be necessary or convenient to cant' out the duties of the Trustees hereunder and the activities of the Trust. The Trustees hereby authorize the Trust Administrator to perform certain of the responsibilities of day to day administration of the County OPEB Trust on behalf of the Board of Trustees, as more specifically set forth herein. Meetings of the Trustees may be called from time to time by either the Chairman of the Board of Trustees or by the Trust Administrator. SECTION 3.02. Administration of Trust. The Trust shall be administered for the benefit of all Beneficiaries as herein provided, without discrimination in favor of one or some Beneficiaries as against one or some other Beneficiaries. Nothing contained in this Trust shall constitute a guarantee that Trust assets will be sufficient to pay any Benefits to any particular Beneficiary. Whenever action is required by the Trustees hereunder, the same may be taken by the Trust Administrator, solely to the extent of those powers specifically delegated to the Trust Administrator, as delegated agent for that purpose by the Trustees. The Trust Administrator shall provide quarterly reports to the Trustees. The Trustees shall be entitled to rely upon information or instructions received from the Trust Administrator. Any information or instruction from the County to the Trust Administrator or to the Trustees shall be in writing and shall be effective upon delivery to the Trust Administrator or Trustee, as applicable. The Trustees shall be under no duty or responsibility to inquire into the acts or omissions of the County, nor shall the Trustees have any liability therefor. Should it become necessary to perform some act hereunder and there is neither direction in the Trust nor information nor instructions from the County on file with the Trustees, or Trust Administrator. as applicable, relating thereto, and such information or instructions cannot be obtained Brazos County OPER Trust Resolution Page8 Vol. ��� � after reasonable inquiry, the Trust Administrator shall have full power and authority to act In their discretion, consistently with the purpose of the Trust; and in so acting or in following any instructions from the Trustees , the Trust Administrator shall be fully protected by the Trust and shall be absolved from all liability provided the Trust Administrator discharges its duties with the care, skill, and caution under the circumstances then prevailing which a prudent person, acting in a like capacity and familiar with those matters, would use in the conduct of an activity of like character and purpose. The duties, powers and responsibilities of the Trustees shall be limited as specifically provided herein. No person serving as a Trustee or Trust Administrator hereunder shall be liable or responsible to anyone for any matter or thing whatsoever, provided only that the Trustee and Trust Administrator have met the prudent person standard as The Trustees and the Trust Administrator, in performing any act hereunder, shall be entitled to rely upon any affidavit, certificate, letter, notice, telegram or other paper or document believed by the Trustees or the Trust Administrator, whichever the case may be, to be genuine and upon any information or evidence believed by the Trustees or the Trust Administrator to be sufficient; and the Trustees shall be protected by the Trust in all payments hereunder if made in good faith and without actual knowledge of the happening of an event or a change in conditions which would affect such payments. Neither the Trustees nor the Trust Administrator shall take any action nor make any determination inconsistent with any qualification or ruling of the Internal Revenue Service, an arbitrator or the courts with respect to the Trust. In the case of amendments to the Code or changes of regulations by the Internal Revenue Service or other governmental agency, the Trustees are empowered to take all necessary actions authorized by this Declaration of Trust, federal and state law and regulations, to continue the qualification of the Trust as a Code Section 115 Trust. The Trustees shall discharge Its duties with respect to the Trust solely in the interest of the Beneficiaries for the exclusive purpose of providing Benefits to Beneficiaries and paying Administrative Expenses of the Trust. SECTION 3.03. Powers of the Trustees. Delegation of Certain Powers to Trust Administrator. The Trustees shall have the powers and rights set forth below, and the powers and rights contained in subsections 3.03 (a); (b); (c); (g); and (i), all of which are hereby delegated to the Trust Administrator; provided, however, that the Trustees hereby reserve unto themselves, and specifically do not delegate to the Trust Administrator, those powers of the Trustees that are contained in subsections 3.03 (d); (e); (f); (h); and Q); and further provided, that the Trustees hereby reserve unto themselves, and specifically do not delegate to the Trust Administrator, those powers of the Trustees that are invested in the Trustee by law. Brazos County OPEB Trust Resolution' i/ "2 I Page 9 Vol. —f Administrative Powers. The Trustees shall receive, hold, invest and reinvest contributions to the Trust and shall make disbursements from the Trust pursuant to applicable provisions of this Declaration of Trust and t h e Plan. Financial reporting for the Trust shall be in conformance with Generally Accepted Accounting Principles. Investment Powers. The Trustees shall have the power to hold, manage, and control the assets of the Trust during the life of the Trust. The Trustees shall have full power without any court order to sell, exchange, hold, control, invest and reinvest the same in such manner and upon such terms as the Trustees deems best, including (without limitation of these powers) the power to purchase irrespective of any statutes or rules or practices of courts now or hereafter in force limiting the investments of trust companies or trustees generally. The Trustees shall adopt an investment policy and shall invest the assets of the Trust in accordance with such investment policy, which policy .may be amended from time to time. The Trust Administrator shall coordinate with the County's investment advisor for professional advice with respect to the investments of the Trust the Trustees are authorized to hold cash un -invested at any time. No purchaser from the Trustees need see to the application of the purchase money to the purposes of the Trust, but the receipt of the Trustees shall be a complete discharge to any such person. No individual Trustee, or their respective designee, shall be personally liable upon any contract of, indebtedness of, or claim against, the Trust, executed under the provisions of this Declaration of Trust The Trustees hereby declare its intent that assets of the Trust shall be held by a third party custodian or custodians and such declaration is binding on the Trust Administrator. The Trustees hereby delegates to the Trust Administrator the authority to contract with such third -party custodian or custodians. Voting and Related Powers. The Trustees may vote any stocks, bonds, or other securities, to give general or special powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights or other options and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in the Trust Claims by or Against the Trust The Trustees shall determine whether to sue or defend in any suit or legal proceedings by or against the Trust The Trustees shall have full power in the Trustees' discretion to compound, settle, compromise, and adjust all claims and demands in favor of or against the Trust upon such terms as the Trustees may deem best The Trustees may commence or defend legal or administrative proceedings and represent the Trust in all legal and administrative proceedings. In the administration of the Trust, the Trustees shall not be obligated to take any action that may subject the Trustees to any e>Spense Brazos County OPER Trust Resolution I Vol __ L� /Z? i Page 10 or liability unless the Trustees are first indemnified to the Trustees' satisfaction for all expenses and liabilities that the Trustees may incur in connection with such action, The assets of the Trust shall not be subject to the claims of any creditors of the County. Employment of Agents. The Trustees shall employ such agents, attomeys-in-fact, experts, actuaries, accountants, investment advisors, brokers and investment and legal counsel, as they deem necessary and may delegate discretionary powers to or to rely upon information or advice furnished by such agents, attorneys in fact, experts or counsel. Execution of Instruments. The County Judge of Brazos County, as Chairperson of the Board of Trustees and on behalf of the Board of Trustees, shall execute and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted, and to perform any and all acts that may be necessary, proper or convenient in the proper administration of the Trust, provided that such power and authority to execute and deliver documents may be delegated from time to time to the Trust Administrator. The Trustees shall complete and provide to Beneficiaries and to the appropriate governmental agencies any reports as may be required by the Code, applicable federal, state, or local law. Necessary Acts. The Trustees shall do all acts whether or not expressly authorized that may be necessary or proper for the protection of the property held hereunder or for the carrying out of any duty under this Declaration of Trust. Holding of Trust Assets. All the assets In the Trust shall be held collectively for the benefit of all the Beneficiaries with no physical division thereof until such time as distribution is actually made by the Trustee. Disbursements. The Trustees shall have the power to make disbursements for the payment of Benefits under the Plan and for the payment of Administrative Expenses. Retention of Disputed Funds. The Trustees shall have the power to retain any funds or property subject to dispute without liability for the payment of interest; and to decline to make payment or delivery of the funds or property until final adjudication is made by a court of competent jurisdiction. SECTION 3.04. No Bond Required. Neither the Trustees nor the Trust Administrator shall be required to furnish any bond or other security for the faithful performance of its respective duties hereunder. SECTION 3.05. Accounts. The Trustees shall keep accurate and detailed accounts of all investments, receipts and disbursements and other transactions hereunder, and all accounts, books and records relating Brazos County OPEB fist Resolution IVol. -1% 41 1 i d C Page 11 __ %� thereto shall be open to inspection by any person whomsoever in accordance with Texas's public records laws, Not later than one hundred twenty (120) days after the end of each fiscal year of the Trust, excluding Fiscal year 2015 - 2016, the Trust Administrator shall file with the Trustees a written report setting forth all investments, receipts, disbursements, and other transactions effected by the Trustees from the date of the prior such report to the close of such fiscal year. Such report shall contain an exact description and market value of all securities and investments held at the close of such fiscal year and the cost of each item thereof, as carried on the books of the Trust. The financial records of the Trust shall be subject to the annual audit of the County as required by Texas law. ARTICLE IV AMENDMENT OR TERMINATION OF TRUST SECTION 4 01. Amendments. The governing body of the County of Brazos, as Settler of this Trust, reserves the right to amend the Trust at any time, but no such amendment shall cause or permit (i) any portion of the corpus or income of the Trust to revert to or become the property of or be used for the benefit of the County, (ii) conflict with the terms of the Plan, or (iii) make the Trust revocable prior to the satisfaction of all liabilities of the Plan with respect to all Beneficiaries and payment of all Administrative Expenses in accordance with Section 4.02 hereof. Any amendment that is necessary to bring the Trust into conformity with government laws or regulations in order to qualify the Trust under GASB 43 and GASB 45 shall be made and applied retroactively, nunc pro tunc. Copies of all amendments and/or separate documents relating to the Trust or the Benefits provided under the Trust shall be provided to the Trust Administrator. The power to amend or revise the terms of the Trust shall not include the power or authority to amend or revise Section 4.02 of the Trust, unless otherwise provided by law. SECTION 4.02. Termination of Trust. In the event that (i) the County's contributions to the Trust have been terminated completely in accordance with the provisions of Section 2.09 hereof and (ii) all assets of the Trust have been distributed in accordance with the purposes of the Trust the governing body of the County of Brazos, as Settlor of this Trust, subject to the terms of Section 4.02 hereof, shall also have the power to terminate the Trust completely by appropriate action specifying the date of such termination. In the event that assets of the Trust remain after (a) the termination of the Trust; (b) the satisfaction of all liabilities and obligations of the Plan with respect to each and every Beneficiary; and (c) payment of all Administrative Expenses, any such remaining assets may be returned to the County. The power to amend or revise the terms of the Trust shall not include the power or authority to amend or revise Section 4.02 of the Trust, unless otherwise provided by law. Brazos County OPEB Trust Resolution I / Vol. Page 12 (CF_ 02 C? -3 ARTICLE V MISCELLANEOUS SECTION 5.01. Rights of Beneficiaries. Neither this Declaration of Trust nor the Trust shall give any Beneficiary any right to be retained for employment by the County or any right or claim to any Benefits hereunder. The adoption and maintenance of the Trust shall not be deemed to constitute a contract between the County and any Beneficiary, or to be a consideration for, inducement to, or condition of, employment of any such person. If a former employee is re-employed by the County, such re- employed former employee shall no longer be an eligible Beneficiary hereunder during such period of re-employment. Any Benefit payments to Beneficiaries hereunder shall be limited to the extent provided under the terms of the Plan and this Trust for such Beneficiary. SECTION 5.02. Limited Indemnification by Beneficiaries. If any Beneficiary receives one or more payments under the Trust that are not specifically for Benefits, such Beneficiary shall indemnify and reimburse the County for any liability the County may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements; provided, however , such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax that the Beneficiary would have owed if the payments or reimbursements had been made to the Beneficiary as regular cash compensation, plus the Beneficiary's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Beneficiary. In the event of overpayment of benefits, the monies owed to the Trust shall be payable to the Trust in Brazos, Broward County, Florida, within thirty days of the date of demand for refund of such overpayment The monies owed to the Trust shall accrue Interest at the highest lawful rate allowed by law, but the Board of Trustees, in their discretion, shall have the authority to compromise such accrued interest In the event the Board of Trustees finds it necessary to resort to litigation to collect the overpayment, venue for an action for overpayment shall be in Brazos County, Texas. In the event the Board of Trustees is the prevailing party in an action to collect refund of such overpayments, the Board of Trustees shall be entitled to an award of attorneys' fees, together with interest at the highest lawful rate allowed by law. SECTION 5.03. Defense of Trust. The Board of Trustees shall have the right to defend the position of the Trust created hereunder as tax-free under Section 115(1) of the Code. SECTION 5.0:1. Accrued and Undistributed Income. Upon the death of any Beneficiary for whom a Benefit is held or a share of the Trust allocated, as of the date of death any accrued or undistributed net income with respect thereto shall be held and accounted for or distributed to the decedent's account or estate. Brazos County OPBB Trust Resolution I Vol �'(y / PC, �' / `� I Page 13 SECTION 5.05. Inspection of Records. The financial records of the Trustees with respect to the Trust shall be open at all reasonable times for inspection by the County and all Beneficiaries together with any other persons whomsoever in accordance with Texas public records laws and in the event of the incapacity or minority of a then -current Beneficiary, by that Beneficiary s guardian, conservator, or custodian of the estate. SECTION 5.06. Prohibition on Assignment. No Benefit shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No Benefit shall in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person. SECTION 5.07. Subrogation. In the event that Benefits are paid hereunder to or for a Beneficiary, the Trust shall be subrogated to any and all rights of recovery of such Beneficiary. against a third party. The Trust's right of subrogation shall only become operative if the Beneficiary receives payment from the third party and shall be limited to the dollar amount previously paid by the Trust for said Benefits. SECTION 5.08. No Vested Rights. Neither this Declaration of Trust nor this Trust creates any vested rights of any kind. No Beneficiary, nor any person claiming through or under him, shall have any right, title or interest in or through the Trust, or any part thereof. SECTION 5.09. Severabliity. If any one or more of the covenants, agreements or provisions of this Declaration of Trust shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held Invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable and severable from the remaining covenants, agreements and provisions of this Declaration of Trust and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Trust established hereunder SECTION 5.10. Section Headings. The headings of the various articles, sections and subsections of this Resolution are used solely as a matter of convenience and in no way define, modify or limit the scope or intent of any provision of this Resolution. SECTION 5.11. Interpretation. Where used in this Declaration of Trust, the masculine gender includes the feminine and the plural form includes the singular. SECTION 5.12. Tax Effects. Neither the County, its officers or representatives, nor the Trustees, its officers or representatives, nor the Trust Administrator, make any warranty or other representation as to whether any payments made to any Beneficiaries will be treated as Brazos County OPER Trust Resolution I �� I Page 14 Vol.�� pa. includible in gross income for federal or state income tax purposes of such Beneficiaries. SECTION 5.13. Authorize Transfer of Funds to OPEB Trust. By adoption of this Resolution the County Commissioners hereby authorizes the transfer of $ 500,000.00 to the OPEB Trust. SECTION 5.14. Repeal of Inconsistent Resolutions. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 5.15. Effective Date. This Resolution and this Declaration of Tnlsta h11 take effect immediately upon its adoption on ADOPTED this the � I ' day of . , 2016. Duane Peters County Judge G.�htA, Commiefsioner Lloyd Wassermann Precinct 1 Commissione nny MallaYd Precinct 3 Commissi er Sammy Catalena Precinct 2 Brazos County OPEB Trust Resolution I Unl pg ;/ �7 6 Page 11 COMMISSIONER COURT MINUTES OF SEPTEMBER 27, 2016 ARE CONTINUED FROM VOLUME 241 SECTION 115 TRUST AGREEMENT This Section 115 Trust Agreement (the "Agreement') is between Brazos County, a political subdivision of the State of Texas acting through its elected county commissioners court (the "Customer"), and U.S. Bank National Association, a national banking association organized under the laws of the United States with offices in Minneapolis, Minnesota (the "Bank"); and WHEREAS, the Customer is the Sponsor of the Plan (as defined below) and wishes to appoint the Bank as the trustee of certain assets of the Plan, and the Bank wishes to accept the appointment; NOW, THEREFORE, the parties hereto do hereby agree as follows SECTION 1 DEFINITIONS 1.1. "Account" means (i) the trust maintained under this Agreement for the Assets (as defined below), which trust is known as the Brazos County Other Post -Employment Benefits Trust and (ii) where the context requires, one or more Sub -accounts (as defined below). 1.2. "Advisers Act" means the Investment Advisers Act of 1940, as amended. 1.3. "Assets" means the securities, cash, and other property the Customer deposits, or causes to be deposited, from time to time under this Agreement, including contributions made under the Plan and amounts the Customer causes to be transferred to the Account from another funding medium maintained for the Plan; investments and reinvestments thereof; and income thereon, as provided herein. 1.4. `Beneficiaries" means beneficiaries of Participants (as defined below). 1.5. "Code" means the Internal Revenue Code of 1986, as amended. 1.6. "Depository" means any registered clearing agency (such as the Depository Trust Company) or any Federal Reserve Bank. 1.7. "Funding Policy" means a periodic written analysis of the Plan's cash-flow history, short-term financial needs, long-term financial needs, sources of money for plan -administration expenses, expected levels and timing of contributions, expected levels and timing of distributions, liquidity needs (including but not limited to the anticipated liquidity required to make benefit distributions), sponsor's ability to provide future funding, and other significant information which could affect cash-flow or the exercise of discretion to manage the Assets. 1.8. "GASB" means the Governmental Accounting Standards Board. 1.9. "Guidelines" means the written investment objectives, policies, and restrictions for the Account (or for any Sub -accounts therein), including but not limited to proxy -voting guidelines, as amended from time to time: 1.10. "Harm" means claims, costs, damages, delayed payment or non-payment on Assets sold, Page 1 of 29 q expenses (including attorneys' and other professional fees), fines, interest, liabilities, losses, penalties, stockholders' assessments (asserted on account of asset registration), and taxes. 1.11. "Indemnified Person" means the Bank and its affiliates and their directors, officers, employees, successors, and assigns. 1.12. "Investment Manager" means any person or firm other than the Bank which (i) has the power to manage, acquire, or dispose of any asset of a plan; (ii) is registered as an investment adviser under the Advisers Act or is a bank as defined in the Advisers Act or is an insurance company qualified to manage, acquire, or dispose of any asset of a plan under the laws of more than one state; (iii) has acknowledged in writing that it is a fiduciary with respect to the Plan; and (iv) has been appointed to manage Assets as provided under this Agreement. 1.13. "Investment Powers" means the powers set forth in Section 4.1 hereof. 1.14. "Participants" means Plan participants. 1.15. "Plan" means the plan listed in Exhibit A (Covered Plan) hereto. 1.16. "Plan Administrator" means the plan administrator, Brazos County or the Customer, listed in Exhibit A (Covered Plan) hereto. 1.17. "Plan Type" means the plan type listed in Exhibit A (Covered Plan) hereto. 1.175. "Plan Sponsor" or "Sponsor of the Plan" means the Customer, the party responsible for administering the Plan. 1.18. "State" means the State of Texas. 1.19. "Statement Recipient" means the Plan Administrator, each Investment Manager, and anyone else the Plan Administrator so designates. 1.20. "Sub -account" means a separate portion of the Account. 1.205. "Trustee" means U.S. Bank National Association. 1.21. "Trustee Type" means the trustee type, Directed Trustee, listed in Exhibit A (Covered Plan) hereto. SECTION 2 ABOUT THE PLAN 2.1. Generally. The Customer hereby represents and warrants that the Plan is an other post - employment benefits plan authorized under the laws of the State of Texas, the Customer is the sponsor of the Plan, and the Plan Administrator is the administrator (and not the third -party administrator) of the Plan. 2.2. Tax Status. The Customer hereby represents and warrants that it has obtained IRS approval, or an opinion from a lawyer licensed in the State, which approval or opinion states as follows: Page 2 of 29 Vol. Pg. J�__-- 2.2.1. The Account. The Account satisfies all the requirements of Code Section 115; is tax- exempt under State law; is exempt from federal, State, and local income tax; and is not required to file any federal, State, or local tax returns or information returns. No contribution to, or benefit distribution from, the Account is includible in the gross income of any Participant or Beneficiary under Code Section 61, state law, or local law or is wages for Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), or income-tax withholding purposes. 2.2.2. The Plan. The Plan is a "governmental plan" as defined in Section 414(d) of the Internal Revenue Code of 1986, as amended; is a "Section 401(a)(24) governmental plan" as defined in Revenue Ruling 2011-1; and is not subject to Federal income taxation. The Plan's governing document expressly provides that it is impossible for any part of the corpus or income of the Plan to be used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants and their beneficiaries. And, the Plan is prohibited from assigning any part of its equity or interest in the trust. 2.3. Fiduciary Status. 2.3.1. The Customer hereby represents and warrants as follows: 2.3.1.1. Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The Plan is (i) a "governmental plan" within the meaning of ERISA Section 3(32) and (ii) pursuant to ERISA Section 4(b)(1), not subject to ERISA. 2.3.1.2. Authorizing Law. The sections of State or local statute, rule, ordinance, or by- law listed in Exhibit A (Covered Plan) hereto authorize the Customer to establish the Plan and to establish a financial -institution trust (separate and apart from the State) for the Plan, including the authority to adopt this Agreement. 2.4. GASB Status. The Customer hereby represents and warrants that the Account is a "qualifying trust" or "equivalent arrangement" as those terms are defined in GASB Statement No. 45. 2.5. Full Faith and Credit; Taxing Power; Debts 2.5.1. Neither the full faith and credit nor the taxing power of the Customer is pledged to the distribution of benefits under this Agreement. Except for contributions and other amounts under this Agreement, no other amounts are pledged to the distribution of benefits under this Agreement. Distributions of benefits are neither general nor special obligations of any Customer, but are payable solely from the Assets of the Account, as more fully described herein. No employee of any Customer or beneficiary may compel the exercise of the taxing power by any Customer. 2.5.2. Distributions of Assets under the Account are not debts of any Customer within the meaning of any constitutional or statutory limitation or restriction. Such distributions are not legal or equitable pledges, charges, liens or encumbrances, upon any of the Customer's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of the Plan and Account set aside for distributions. Neither the members of the governing body of the Customer nor its officers; employees, agents or volunteers are liable under this Agreement. 2.6. Securities -law Status. The following provisions apply if and only if the Trustee Type includes discredonary: The Customer hereby represents and warrants that (i) its officer signing below is knowledgeable regarding the nature of "municipal securities" as defined in 15 U.S.C. Section 78c(a)(29); the nature of "municipal escrow investments" as defined in 17 C.F.R. Section 240.15Bal-l(h)(1); and the Page 3 of 29 Vol oda=pg nature of the securities, cash, and other property deposited under this Agreement; and (ii) none of the securities, cash, or other property deposited under this Agreement constitutes "proceeds of municipal securities" as defined in 17 C.F.R. Section 240.15Bal-1(m)(1) or "municipal escrow investments" as defined above for purposes of 17 C.F.R. Section 240.15Bal-1 or Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. Section 780-4) or otherwise. Furthermore, the Customer hereby (y) agrees that such representations and warranties are deemed to be renewed each time securities, cash, or other property is deposited under this Agreement and (z) covenants that, if any of such representations and warranties becomes inaccurate or incomplete, the Customer will promptly notify the Bank thereof and of any fact, omission, event, or change of circumstance related thereto. SECTION 3 APPOINTMENT AND ACCEPTANCE 3.1. Appointment; Acceptance. The Customer hereby represents and warrants that applicable law provides that the Customer may appoint a trustee of any assets of the Plan. Pursuant to that power of appointment, the Customer hereby appoints the Bank as trustee of the Assets, and the Bank hereby accepts such appointment, subject to the terms of this Agreement. 3.2. Establishment of Account. 3.2.1_ Assets Held in Account. The Customer hereby deposits Assets, or causes Assets to be deposited, with the Bank. The Customer hereby represents and warrants that all Assets are Plan assets. The Bank holds Assets in dust. As directed by the Plan Administrator, the Bank will establish one (1) or more Sub -accounts and allocate Assets among Sub -accounts. 3.2.2. Separate and Apart; Exclusive Benefit. The principal and income of the Account will be held separate and apart from the assets of the Customer and, except as permitted by law, will never inure to the benefit of the Customer and will be held for the exclusive purposes of providing benefits to Participants and Beneficiaries and defraying reasonable expenses of administering the Plan. It will be impossible, whether by amending this Agreement or otherwise, at any time before the satisfaction of all liabilities to Participants and Beneficiaries for any part of the principal or income of the Account to be used for, or diverted to, other purposes. The Bank will keep the Assets (other than deposits, such as cash or own -bank CDs) separate and apart from the assets of the Bank, pursuant to paragraph (b) (Separation of fiduciary assets) of 12 Code of Federal Regulations Section 9.13 and paragraph (c) (Segregation of fiduciary and general assets) of 12 United States Code Section 92a. 3.2.3. Disposition of Certain Contributions. 3.2.3.1. Mistake of Fact. If a Customer contribution to the Account was made by a mistake of fact, the Customer may direct the Bank to return the contribution to the Customer within one (1) year of such contribution. In such a case, the Customer will direct the return of no more than the excess of the amount contributed over the amount that would have been contributed had no mistake occurred, adjusted for the excess's pro rata share of any net loss (but not any net gain) experienced by the Account while the excess was held in the Account. 3.2.3.2, Not Qualified. Customer contributions to the Account are conditioned upon the Trust's initial qualification under Code Section 115. If the Trust receives an adverse determination with respect to its initial qualification, the Customer may direct the Bank to return Customer contributions to the Customer within one (1) year of such determination, provided such return is consistent with Code Section 115. Page 4 of 29 Vol. Fig. - _ 3.3. Direction. The Bank is subject to the directions of the Customer, the Plan Administrator, and any Investment Manager as set forth herein. 3.4. Allocation of Duty to Manage the Assets. 3.4.1. Plan Administrator. 3.4.1.1. Guidelines; Funding Policy. The Customer hereby reserves to the Plan Administrator sole discretion to determine the Guidelines; to establish and carry out a Funding Policy consistent with the objectives of the Plan and the requirements of applicable law; and to deliver the Guidelines, the Funding Policy, and this Agreement to each person that has discretion to manage Plan assets. The Customer hereby represents and warrants that (i) the Guidelines, the Funding Policy, and the permissible investments set forth herein are the only investment restrictions imposed upon the Account by the Customer and (ii) following such restrictions will not cause a violation of any applicable law. 3.4.1.2. Power to Manage, Appoint. The Customer hereby reserves to the Plan Administrator discretion to manage the Assets (subject to the Guidelines, the Funding Policy, and the permissible investments set forth herein) and to appoint an investment manager or managers to manage (including the power to acquire and dispose of) the Assets. 3.4.2. Investment Manager. The Customer hereby represents and warrants that: 3.4.2.1. Any investment manager so appointed (i) is an Investment Manager, and (ii) unless the Customer notifies the Bank to the contrary, has sole discretion to manage the Assets (subject to the Guidelines, the Funding Policy, and the permissible investments set forth herein). 3.4.2.2. The Plan Administrator will promptly give notice of any such appointment by providing the Bank with a fully -executed copy of the investment -management agreement with the Investment Manager. 3.4.3. Plan Participants. The Customer hereby represents and warrants that the Plan gives Participants discretion to manage their respective Participant -level investment accounts under the Plan, except to the extent Participants fail to timely direct the investment of such accounts. The Customer hereby acknowledges that (i) the Bank holds Assets on an omnibus basis; (ii) the Bank neither maintains Participant -level investment records nor knows whether and how Assets are allocated among Participant - level investment accounts; (iii) the Bank's duties with respect to investing assets ultimately held in a Participant -level investment account are limited to implementing investment directions received on an omnibus basis from the Plan Administrator; and (iv) the Plan Administrator is responsible for establishing and maintaining Participant -level investment accounts, for reconciling the aggregate balances thereof with the Asset holdings reflected in Account statements, for selecting any default investment fund or forfeiture fund for the Plan, and for disclosing any required investment -related or fee -related information to Participants. 3.4.4. Bank. 3.4.4.L With respect to Assets that are subject to an Investment Manager's discretion to manage, the Bank has no discretion to manage, and the Bank exercises the Investment Powers only as directed by the Investment Manager. 3.4.4.2. With respect to Assets that are not subject to an Investment Manager's discretion Page 5 -of 29 VoI. _CX10 Pg• �— to manage, The following provisions apply if and only if the T rwtee Type includes directed: the Bank has no discretion to manage, and the Bank exercises the Investment Powers only as directed by the Plan Administrator. The following provisions apply if and only if the Trustee Type includes discretionary: the Bank has no discretion to manage to the extent the Bank has exercised the Investment Powers as directed by the Plan Administrator. Otherwise, the Bank has sole discretion to manage (subject to the Guidelines, the Funding Policy, and the permissible investments set forth herein) and to exercise the Investment Powers. Notwithstanding the foregoing, the Bank will not vote proxies with respect to any security in which it may have a direct or indirect interest but will instead forward such proxies to the Plan Administrator. The Customer hereby represents and warrants that a copy of the Guidelines as in effect on the date of this Agreement is attached as an exhibit hereto. 3.4.4.3. To the extent the Bank has no discretion and has received no such direction as to cash Assets upon their deposit under this Agreement, the Bank will use such Assets to purchase a position in the sweep vehicle identified in an exhibit hereto or, if none is identified, will hold such Assets un- invested. SECTION 4 POWERS OF THE BANK 4.1. Investment Powers. Subject to Section 3.4 hereof, the Bank has the power to: 4.1.1. Purchase, Hold, and Sell Assets. Purchase with, and hold as, Assets without distinction between principal and income any securities or property, without limitation by any rule of law limiting the investment of trust assets in or to certain kinds of investments or prescribing the portion of a trust which may be invested in any kind of investment, including, but not limited to, any securities or property administered, advised, custodied, held, issued, offered, sponsored, supported by the credit of, underwritten, or otherwise serviced by the Bank or by the Bank's affiliate, and to sell the same. Without limiting the generality of the foregoing: 4.1.1.1. Examples of Permissible Investments. The Bank may so invest and reinvest in any real or personal property; preferred or common stocks of any kind or class of any corporation, including but not limited to investment and small business investment companies of all types; voting trust certificates; interests in investment trusts; shares of registered investment companies (whether open-end or closed-end); interests in any limited liability company or limited or general partnership or other business enterprise, however organized and for whatever purpose; interests in common or collective trust funds maintained by a bank or similar institution; bonds, notes, obligations, securities, and debentures, secured or unsecured; mortgages, leases, or other interests in real or personal property; interests in mineral, gas, oil or timber properties or other wasting assets; call options; put options; commodity or financial futures contracts; foreign currency; deposits of a bank or similar financial institution (including but not limited to a deposit account or a certificate of deposit), provided such deposits bear a reasonable rate of interest; conditional sales contracts; and insurance contracts and policies. 4.1.1.2. 81-100 Group Trusts. The Bank may deposit and hold Assets in, pool Assets with other participating trusts in, and withdraw Assets from, a group trust which is exempt from taxation under Code Section 501(a) pursuant to the principles of Revenue Ruling 51-100, as amended, Page 6 of 29 F/o . _ c/ f= g 1 1 subject to the group -trust instrument. The group -trust instruments listed on an exhibit hereto are hereby incorporated herein by reference and prevail over contrary provisions of this Agreement, and the subject group trusts are hereby adopted as part of the Plan. 4.1.2. Process Corporate Actions. 4.1.2.1. Respond to voluntary corporate actions (such as proxies, redemptions, or tender offers) and mandatory corporate actions (such as class actions, mergers, stock dividends, or stock splits) affecting shareholders of an Asset, after providing notice of any such action to any person authorized under this Agreement to direct the exercise of the Investment Powers with respect to the Asset. 4.1.2.2. Notwithstanding anything herein to the contrary, the Bank will, without providing notice, (i) cause Assets to participate in any mandatory exchange transaction that neither requires nor permits approval by the owner of the Assets and (ii) file any proof of claim received by the Bank regarding class-action litigation over a security held in the Account during the class-action period, regardless of any waiver, release, discharge, satisfaction, or other condition that might result from such filing. 4.1.3. Lend Securities. Engage in securities -lending transactions with Assets, to the extent the Customer and the Bank have entered into a separate securities -lending agreement with respect to Assets. 4.1.4. Hire Service Providers. Hire service providers (including, but not limited to, investment managers, investment advisers, and brokers) to assist the Bank in exercising the foregoing powers, including any service provider that is affiliated with the Bank. 4.1.5. Do Other Things. Perform other acts necessary to the proper discharge of its duties under this Agreement. 4.2. Administrative Powers. The Bank has the power to: 4.2.1. Safe -keep Assets. Safe -keep Assets as set forth herein. 4.2.2. Exchange Foreign Currency. Exchange foreign currency into and out of United States dollars through customary channels, including the Bank's foreign-exchange department. 4.2.3. Borrow Money. As directed by the Plan Administrator, borrow funds on an interest-free basis to the extent expressly permitted under applicable law. 4.2.4. Settle Purchases and Sales. Settle purchases and sales as set forth herein. 4.2.5. Register Assets. Register any Asset in the name of the Account, the Bank (with or without trust designation), or the Bank's nominee or to hold any Asset in unregistered or bearer form or in such form as will pass title by delivery, provided that the Bank's records at all times show that all such assets are part of the Account. 4.2.6. Maintain Assets at a Depository or with a Sub -custodian. Maintain Assets at any Depository or with any sub -custodian; to permit such Assets to be registered in the name of the Account, the Bank (with or without trust designation), the Bank's nominee, the Depository, the Depository's nominee, the sub -custodian, or the sub -custodian's nominee; and, in connection with transactions involving foreign securities, to employ securities depositories, clearing agencies, clearance systems, sub - custodians, or agents located outside the United States. Page 7 of 29 4.2.7. Collect Income. Collect income as set forth herein. 4.2.8. Advance Funds or Securities. Advance funds or securities in furtherance of settling securities transactions and other financial -market transactions under this Agreement. 4.2.9. Sign Documents. Make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any or all other instruments that may be necessary or appropriate to the proper discharge of its duties under this Agreement. 4.2.10. Distribute Assets. As directed by the Plan Administrator, distribute Assets, including benefit distributions to or for the benefit of Participants and Beneficiaries (or to a guardian, conservator, or other legal representative on behalf of a Participant or Beneficiary that the Plan Administrator has determined to be incompetent) and distributions in payment of Plan expenses. 4.2.11. Retain Disputed Funds. Withhold delivery or distribution of Assets that are the subject of a dispute pending final adjudication of the dispute by a court of competent jurisdiction. 4.2.12. Hold Assets Un -invested. Hold Assets un -invested pending investment, distribution, resolution of a dispute, or for other operational reasons and to deposit the same, in an interest-bearing or noninterest -bearing deposit account of the Bank. 4.2.13. Litigate. Bring or defend lawsuits involving the Account at the sole expense of the Account and to settle the same. 4.2.14. Provide Statements. Provide statements as set forth herein. 4.2.15. Perform Tax Duties. Perform tax duties, if and to the extent set forth herein. 4.2.16. Provide Ancillary Services. Provide ancillary services to the Account for no more than reasonable compensation. 4.2.17. Hire Service Providers. Hire service providers (including, but not limited to, attorneys, depositories, and sub -custodians) to assist the Bank in exercising the foregoing powers, including any service provider that is affiliated with the Bank. 4.2.18. Do Other Things. Perform other acts necessary to the proper discharge of its duties under this Agreement. SECTION 5 SAFE -KEEP ASSETS 5.1. Safe -keeping. As directed by the Customer, the Bank will from time to time receive Assets. The Bank will safe -keep the Assets. SECTION 6 SETTLE PURCHASES AND SALES 6.1. The Bank will settle purchases made with Assets and sales of Assets, according to the Bank's instruction -deadline schedule, provided that the Bank has all the information and the Account has all the ---Page 8 of 29 -- ------- assets necessary for the purchase or sale. 6.2. The Customer hereby represents and warrants that neither the Customer nor the Plan Administrator will (i) notify any third party that, despite the fact that the Account has insufficient assets for the transaction, the Bank will settle the purchase of an asset nor (ii) direct anyone else to provide such notice. SECTION 7 COLLECT INCOME 7.1. The Bank will collect all income, principal, and other distributions due and payable on Assets. 7.2. If an Asset is in default, or if payment is refused after due demand, and the Bank receives notice of such default or refusal from the Asset's issuer or transfer agent, the Bank will so advise the Customer. SECTION 8 PROVIDE STATEMENTS 8.1. Accounting. The Bank will maintain proper books of account and complete records of Assets and transactions in the Account, including increases or decreases in the value of the Account due to contributions to the Account, distributions from the Account, investment experience on Assets, and expenses and fees actually charged to the Account. 8.2. Statements. 8.2.1. Account Statements. The Bank will furnish each Statement Recipient with (i) an Account statement with the frequency designated below (or as subsequently agreed upon by the Bank and the Customer) within thirty (30) calendar days after the end of the reporting period and (ii) a final Account statement within thirty (30) calendar days after the Bank has transferred all Assets from the Account as provided under this Agreement. Such Account statements will reflect Asset transactions during the reporting period and ending Asset holdings. To the extent the Plan Administrator has established an account in the Bank's on-line portal and granted access thereunder to Statement Recipients, the Bank will furnish such Account statements by way of such system. If no frequency is so designated or agreed upon, the Customer will be deemed to have designated "Monthly". (Check at least one): ❑ Monthly ❑ Quarterly ❑ Semi-annually ❑ Annually 8.2.2. Client -Controlled Assets. For any assets that are neither registered in the name of the Account, the Bank (with or without trust designation), or the Bank's nominee nor maintained by the Bank at a Depository or with a sub -custodian nor in the physical possession of the Bank nor otherwise in a place or form in which the Bank can manipulate, access, or control them, the Bank will exclude such assets from the Account statements. The Customer hereby acknowledges that such assets are not held in the Account and that the Bank is not trustee of such assets and not responsible for performing any duties under this Agreement with respect to such assets. Page 9 of 29 Vol. L�--- 8.2.3. The following provisions apply if and only if the Trustee Type includes discretionary: Proxy -voting Reports. The Bank will furnish each Statement Recipient with reports of how the Bank voted proxies with respect to the Assets, in the form and frequency as the Customer and the Bank may agree from time to time. To the extent the Plan Administrator has established an account in the Bank's on-line portal and granted access thereunder to Statement Recipients, the Bank will furnish such reports by way of such system. 8.3. Confirmations; Notification by Agreement. Except to the extent the Assets are subject to the Bank's discretion to manage, the Account statements described above (including their timing and form) serve as the sole written notification of any securities transactions effected by the Bank for the Account. Even so, the Customer has the right to demand that the Bank provide written notification of such transactions pursuant to 12 Code of Federal Regulations Sections 12.4(a) or (b) at no additional cost to the Customer. 8.4, Valuation. For purposes of reporting the value of an Asset on an Account statement: 8.4.1. Pricing, If Available. The Bank will report a value that is (i) provided to the Bank by a third -party pricing vendor or (ii) readily determinable on an established market, if such value is available to the Bank when preparing the statement. 8.4.2. Pricing, If Unavailable. If such value is unavailable, the Customer will, upon the Bank's request, direct the Bank as to the value; the Bank will then report such value. Absent such a direction, the Bank will report the most recent value that the Bank received from the Asset's broker, fund accountant, general partner, issuer, manager, transfer agent, or other service provider (commonly known as a pass-through price). 8.4.2.1. To the extent the value of an Asset is so reported, the Customer hereby represents and warrants as follows: (i) The Customer has received, read, and understood any prospectus, summary description, declaration of trust, subscription agreement, offering memorandum, and fact sheet for the Asset; understands the Asset's fees and expenses, transfer and withdrawal limitations, type, category, issuer, objectives, principal strategies and risks, and current underlying investments; and understands the identity of the Asset's administrator, investment advisor, auditor, and other service providers (and any affiliations among them) and the services they provide, respectively, to the Asset. (ii) Such value reflects such disclosures, investment -related information, and service -provider information. 8.4.2.2. To the extent an Asset is real estate, the Customer hereby covenants as follows: The Customer will obtain a written valuation of such property from an independent third -party appraiser whenever required by applicable law and, regardless of whether required by applicable law, at least annually. Each appraiser will be independent of all parties other than the Plan and will have the facilities and expertise to do the valuation. Each valuation will state the appraiser's qualifications, the property's value (and the methods used to determine it), a description of the property, the factors considered in making the valuation, the purpose of the valuation, the significance of the valuation methods, the effective date of the valuation, the economic and industry outlook, the property's book value, and the property's marketability. Before relying on the valuation, the Customer will read and understand the valuation, verify the accuracy of the underlying information, make sure the appraiser's assumptions and methods are reasonable, discuss the appraisal with the appraiser, determine that reliance on the appraiser's advice is reasonably justified, and determine that the Customer need not hire a second independent third -party appraiser to review the valuation or to prepare another valuation. 8.4.3. Limitations. The Customer hereby acknowledges that the reported value: Page 10 of 29 8.4.3. 1. Fair Market Value; Fair Value. Might be neither fair market value nor fair value (under GASB rules or applicable law) as of Plan year end. 8.4.3.2. Not Investment Advice. Is not a recommendation as to the advisability of buying, holding, or selling the Asset and not a substitute for investigating the Asset's value in connection with a decision to buy, hold, or sell (or for obtaining and ensuring the reliability of an independent third - party appraisal with respect to such a decision). 8.4.4. Pricing Sources; Methodology. Upon the Customer's request, the Bank will provide the Customer (or the certified public accountant engaged by the Plan Administrator to opine on the Plan's financial statements) with information about the Bank's pricing sources and methodologies. 8.5. Statement Review. The Plan Administrator will review the Account statements promptly upon delivery. SECTION 9 LIMITATIONS ON DUTIES; Ir 9.1. Limitations on Duties. The duties of the Bank will be strictly limited to those set forth in this Agreement. Without limiting the generality of the foregoing, the Bank has no duty to: 9.1.1. Request or obtain a ruling or other guidance from the Internal Revenue Service or any other governmental authority as to (or otherwise determine, monitor, or question) the tax character or consequences of the form and operation of the Account, provided that the Plan Administrator may direct the Bank to sign a request for such guidance where the Plan trustee's signature is required by law (such as certain applications for recognition of exemption from income tax). 9.1.2. Act as the administrator of the Plan, including, but not limited to, construing the terms of the Plan, determining eligibility for Plan benefits (including, but not limited to, eligibility for participation, vesting, or distribution, as well as the timing, amount, or form thereof), resolving benefit claims or claim appeals, maintaining or reconciling to participant -level records, disclosing investment - related or fee -related information to Participants or Beneficiaries, receiving investment directions from Participants or Beneficiaries, or prescribing forms (including, but not limited to, forms for electing participation, distribution, or withdrawal or for providing notices to Participants or Beneficiaries). 9.1.3. Act as trustee of any Plan assets other than the Assets. 9.1.4. Act as investment manager of, or take notice of the management of, any Plan assets other than Assets that are subject to the Bank's discretion to manage (if any). 9.1.5. Render investment advice with respect to the Assets. 9.1.6. Act as record -keeper or broker that makes the Plan's designated investment alternatives available to Participants or Beneficiaries (such as on a record-keeping platform or similar mechanism). 9.1.7. Question the Guidelines, the Funding Policy, or the permissible investments set forth herein. 9.1.8. Determine, monitor, or collect Plan contributions; rather, the Bank will be subject to the Plan Administrator's direction regarding such matters; or monitor compliance with any applicable Page 11 of 29 funding requirements. 9.1.9. (i) Collect any income, principal, or other distribution due and payable on an Asset if the Asset is in default or if payment is refused after due demand or (ii) except as expressly provided herein, to notify the Customer in the event of such default or refusal. 9.1,10. Provide notice of, or forward, mini -tenders (which are tender offers for less than 5% of an outstanding equity or debt issue) for any equity issue or, if any of the following is true, for any debt issue: The debt issue is not registered with the United States Securities and Exchange Commission. The debt issue has a "first received, first buy" basis with no withdrawal privilege and includes a guarantee of delivery clause. Or, the tender offer includes the statement that "the purchase price includes all accrued interest on the note and has been determined in the sole discretion of the buyer and may be more than or less than the fair market value of the notes" or similar language. 9.1.11. Question whether any direction received under this Agreement is prudent; to solicit directions; or to question whether any direction received under this Agreement by email, or entered into the Customer's or Plan Administrator's account in the Bank's on-line portal, is unreliable or has been compromised, such as by identity -theft. 9.1.12. Calculate, withhold, disclose, report, or remit to the appropriate taxing authorities, Participants, or Beneficiaries any federal, state, or local taxes that may be required to be calculated, withheld, disclosed, reported, or remitted with respect to the Plan (such as paying Plan benefits) or Account, except as may be expressly set forth herein. 9.1.13. Monitor service providers hired by the Customer or by the Plan Administrator. 9.1.14. Maintain or defend any legal proceeding in the absence of indemnification, to the Bank's satisfaction, against all expenses and liabilities which it may sustain by reason thereof. 9.1.15. Make a benefit distribution or otherwise follow a direction under this Agreement to the extent the. Assets are insufficient to cover the same (including attendant expenses). 9.2. Indemnification. 9.2.1. The Customer hereby indemnifies and releases each Indemnified Person, and holds each Indemnified Person harmless from and against, and an Indemnified Person will incur no liability to any person for, any Harm that may be imposed on, incurred by, or asserted against an Indemnified Person by reason of the Indemnified Person's action or omission in connection with this Agreement or the Account (including, but not limited to, an action or omission that is consistent with directions provided under this Agreement), except to the extent that a court of competent jurisdiction has made a final judgment that the Harm resulted directly from the Indemnified Person's willful misconduct, gross negligence, bad faith, or breach of fiduciary duty. 9.2.2. The foregoing provisions will survive the Indemnified Person's termination as such and the termination of this Agreement. 9.3. Farce Majeure. The Bank is not responsible for any delay or failure in performing its obligations under this Agreement caused by circumstances beyond the Bank's reasonable control. 9.4. Damages. The Bank is not liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in any way related to this Agreement or the Bank's provision of services under Page.12.of29-------------- voi. _ �3 COMMISSIONER COURT MINUTES OF SEPTEMBER 27, 2016 ARE CONTINUED IN VOLUME 242 PAGE 1 Lol. �! Pg. 12 %7 this Agreement. This limitation applies even if the Bank has been advised of, or is aware of, the possibility of such damages. 9.5. Statements. The Bank is not liable with respect to the propriety of the Bank's actions or omissions reflected in a statement provided under this Agreement, except to the extent (i) a Statement Recipient objects to the Bank within ninety (90) calendar days after delivery of such statement or (ii) such acts or omissions could not be discovered through reasonable examination of such statement. SECTION 10 FEES AND EXPENSES 10.1. Fees. The Bank is entitled to receive compensation for providing services under this Agreement. A schedule of that compensation is attached as Exhibit B (Fee Schedule for Plans) hereto. 10.2. Expenses. Reasonable expenses, fees, costs, and other charges incurred by the Bank in providing services under this Agreement (including, but not limited to, compensation, expenses, fees, costs, and other charges payable to service providers hired under this Agreement) are expenses of the Account, and the same will not be offset from the Bank's compensation unless required by applicable law. 10.3. Advance of Funds or Securities; Outstanding Fees and Expenses. To the extent of (i) any advance of funds or securities under this Agreement or (ii) any outstanding compensation, expenses, fees, costs, or other charges incurred by the Bank in providing services under this Agreement, the Customer hereby grants the Bank a fust -priority lien and security interest in, and right of set-off against, the Assets. The Bank may execute that lien and security interest, and exercise that right, at any time. Without limiting the generality of the foregoing, if the Bank does not timely receive such compensation, expenses, fees, costs, or other charges, then the Bank will be entitled to deduct the same from the Assets. Furthermore, nothing in this Agreement will constitute a waiver of any of the Bank's rights as a securities intermediary under Uniform Commercial Code §9-206. SECTION 11 TERbIINATION 11.1. Termination of Agreement. This Agreement terminates upon Account termination or, if earlier, the effective date of the Bank's resignation or removal under this Agreement. 11.2. Account Termination. The Customer may terminate the Account at any time, by written action of the Customer. In connection with such a termination, the Plan Administrator will give the Bank a copy of the written action and direct the Bank as to the distribution of all Assets. 11.3. Resignation; Removal. 11.3.1. The Bank may resign under this Agreement by notice to the Customer. The Customer may remove the Bank under this Agreement by notice to the Bank. Within thirty (30) calendar days after delivery of the notice, the Customer will appoint a successor trustee and provide the Bank with the successor's signed, written acceptance of trusteeship. If the Customer fails to do so, the Bank will have the right to petition a court at Account expense for appointment of a successor trustee. 11.3.2. Upon accepting trusteeship or upon judicial declaration of trusteeship, the successor —Page.13-of 29------ — IV ai. {' g.. i� trustee will become vested with full title and right to possession of all Assets and Account records. The Bank will thereupon hold the same only as custodian (pursuant to the custodial provisions of this Agreement) and promptly account for and transfer all Assets and Account records to the successor trustee. However, the Bank will not be required to transfer any Assets until the Bank has received payment or reimbursement for all (i) compensation, expenses, fees, costs, or other charges incurred by the Bank in providing services under this Agreement and (ii) funds or securities advanced under this Agreement. 11.4, Reversion. Upon Plan termination, the Plan Administrator may direct the Bank to return Assets to the Customer, provided (i) Assets were sufficient to satisfy all Plan benefits; (ii) Assets were fust distributed to satisfy all such benefits; and (iii) such return is consistent with Code Section 115. The Customer hereby represents and warrants that the Plan Administrator will not give such a direction unless all applicable conditions under law for reversion have already been satisfied. SECTION 12 MISCELLANEOUS 12.1. Freedom to Deal with Third Parties. The Bank is free to render services to others similar to those services rendered under this Agreement or of a different nature, except to the extent that such services conflict with the services to be rendered or the duties to be performed under this Agreement. 12.2. Binding Obligations. The Customer and the Bank each hereby represent and warrant that this Agreement constitutes its legal, valid, and binding obligation enforceable according to the terms hereof. 12.3. Complete Agreement; Amendment; Prevalence. 12.3.1. Complete Agreement. This Agreement contains a complete statement of all the arrangements between the parties with respect to its subject matter and supersedes any existing agreements between them concerning the subject. 12.3.2. Amendment. This Agreement may be amended at any time, in whole or in part, by a written instrument signed by the Customer and the Bank Notwithstanding the foregoing, the terms of Exhibit B (Fee Schedule for Plans) hereto alone govern amendments thereto. 12.3.3. Prevalence of This Agreement. The Customer hereby represents and warrants that (i) it has delivered the Plan document as in effect on the date of this Agreement to the Bank and will provide the Bank with any subsequent amendment thereof; and (ii) the Plan document, as amended from time to time, is not inconsistent with this Agreement (including, but not limited to, with regard to the identity of any fiduciary). In the event of such an inconsistency, this Agreement prevails with respect to the powers, rights, and duties of the Bank. 12.4. Governing Law. This Agreement will be govemed, enforced, and interpreted according to the laws of the State without regard to conflicts of laws, except where preempted by federal law. 12.5. Successors and Assigns. 12.5.1. This Agreement binds, and inures to the benefit of, the Customer, the Bank, and their respective successors and assigns. 12.5.2. No party may assign any of its rights under this Agreement without the consent of the other, which consent shall not be unreasonably withheld. The Customer hereby acknowledges that the Page 14 of 29 E2 E p9, Bank will withhold consent unless and until the Bank verifies an assignee's identity according to the Bank's Customer Identification Program and, to that end, the Customer hereby agrees to notify the Bank of such assignment and provide the Bank with the assignee's name, physical address, EIN, organizational documents, certificate of good standing, and license to do business, as well as other information that the Bank may request. No consent is required if a party merges with, consolidates with, or sells substantially all of its assets to another entity, provided that such other entity assumes without delay, qualification, or limitation all obligations of that party under this Agreement by operation of law or by contract. 12.6. Severability. The provisions of this Agreement are severable. The invalidity of a provision herein will not affect the validity of any other provision. 12.7. No Vested Benefits. Neither the creation nor the operation of the Account causes the vesting of any Participant's or Beneficiary's right to Plan benefits. 12.8. Solvency. The Customer hereby represents and warrants that the Customer is neither insolvent nor subject to any pending bankruptcy proceeding. The Customer will promptly notify the Bank of any such insolvency or proceeding. 12.9. Tax -Lot Selection -Method. The Customer hereby directs the Bank to use the following tax -lot selection -method for the Account, except to the extent the Customer directs the Bank to the contrary: Average Federal Tax Cost (in which shares are sold across all tax lots using the average cost) and, to the extent such method is not permitted for Account investments, First In First Out (in which shares are sold from tax lots having the earliest federal tax acquisition date). 12.10. Shareholder Communications Act Election. Under the Shareholder Communications Act of 1985, as amended, the Bank must try to permit direct communications between a company that issues a security held in the Account (the "Securities -Issuer ) and any person who has or shares the power to vote, or the power to direct the voting of, that security (the "Voter"). Unless the Voter registers its objection with the Bank, the Bank must disclose the Voter's name, address, and securities positions held in the Account to the Securities -Issuer upon the Securities -Issuer's request ("Disclosure°). To the extent that the Customer is the Voter, the Customer hereby (i) acknowledges that failing to check one and only one box below will cause the Customer to be deemed to have consented to Disclosure and (ii) registers its (check only one): ❑ Consent to Disclosure. ❑ Objection to Disclosure. 12.11. Authorized Persons. 12.11.1.The Customer will identify: 12.11.1.1. Each employee of the Customer who is authorized to act on the Customer's behalf under this Agreement, by giving the Bank (i) an authorized -persons certificate that names the employees who have such authority and provides their specimen signatures and email addresses and (ii) a secretary's certificate (or, if the Customer is not a corporation, then a similar document from an officer exercising similar authority) with respect to such employees and the person who provides such authorized -persons certificate. 12.11.1.2. Each third -party agent that is authorized to act on the Customer's behalf under this Agreement, by giving the Bank an authorization letter setting forth the name of such agent; any limits on such agent's authority to act on the Customer's behalf under this Agreement; and the names, —P.age.15.of29_____ vai. a; �� 1.,9. �� specimen signatures, and email addresses of each employee of such agent who is authorized to act on such agent's behalf under this Agreement. Absent any such limits to the contrary, any such agent is authorized to exercise any right and fulfill any duty of the Customer under this Agreement, including, but not limited to, any of the Customer's authority under this Agreement to direct the Bank. However, in no event is such agent authorized to amend the Agreement or to terminate the Agreement. 12.11.1.3. Each employee of the Plan Administrator who is authorized to act on the Plan Administrator's behalf under this Agreement, by giving the Bank (i) an authorized -persons certificate that names the employees who have such authority and provides their specimen signatures and email addresses and (ii) a secretary's certificate (or, if the Plan Administrator is not a corporation, then a similar document from an officer exercising similar authority) with respect to such employees and the person who provides such authorized -persons certificate. 12.11.1.4. Each third -party agent that is authorized to act on the Plan Administrator's behalf under this Agreement, by giving the Bank an authorization letter setting forth the name of such agent; any limits on such agent's authority to act on the Plan Administrator's behalf under this Agreement; and the names, specimen signatures, and email addresses of each employee of such agent who is authorized to act on such agent's behalf under this Agreement. Absent any such limits to the contrary, any such agent is authorized to exercise any right and fulfill any duty of the Plan Administrator under this Agreement, including, but not limited to, any of the Plan Administrator's authority under this Agreement to direct the Bank. However, in no event is such agent authorized to withdraw Assets from the Account (unless (i) the recipient of the withdrawn Assets is a destination pre -approved by the Plan Administrator or (ii) the Plan Administrator has provided affirmative written authorization to the Bank to accept directions from such agent to withdraw Assets from the Account). 12.11.2.The Bank may assume that any such employee or agent continues to be so authorized, until the Bank receives notice to the contrary from the Customer (or, with respect to any such employee of any such agent, from such agent). 12.11.3.The Customer hereby represents and warrants that any such employee or agent was duly appointed pursuant to a procedure specified in the Plan and is appropriately monitored and covenants that the Customer (or the Plan Administrator, as the case may be) will furnish such employee or agent with a copy of this Agreement, as amended from time to time, and with a copy of any communications given under this Agreement to the Customer (or to the Plan Administrator, as the case may be). The Customer hereby acknowledges that (i) such employee's or agent's actions or omissions are binding under this Agreement upon the Customer (or upon the Plan Administrator, as the case may be) as if the Customer (or the Plan Administrator, as the case may be) had taken such actions or made such omissions itself and (ii) the Bank is indemnified, released, and held harmless under this Agreement accordingly. 12.12, Delivery of Directions. 12.12.1.Any direction, notice, or other communication provided for in this Agreement will be given in writing and (i) unless the recipient has timely delivered a superseding address under this Agreement, addressed as provided under this Agreement, or (ii) entered into the Customer's or Plan Administrator's account, as the case may be, in the Bank's on-line portal. If to the Bank Authorized Officer: c/o Vice President and Relationship Manager Page 16 of 29 U.S. Mailing Address: Phone Number: Email Address: If to the Customer: Authorized Officer: c/o Brazos County Judge, Duane Peters U.S. Mailing Address: 200 South Texas Ave., suite 332, Bryan, Texas 77803 Phone Number: (979)361-4102 Email Address: dpeters@brazoscountytx.gov If to the Plan Administrator: See Exhibit A (Covered Plan) hereto. 12.12.2.Any direction received under this Agreement by email, or entered into the Customer's or Plan Administrator's account in the Bank's on-line portal, is deemed to be given in a writing signed by the sender. The Customer hereby represents and warrants that the Customer and the Plan Administrator maintain commercially reasonable security measures for preventing unauthorized access to their respective portal accounts and the email accounts of their employees, agents, and agents' employees, and the Customer hereby assumes all risk to the Account of such unauthorized access. The Customer hereby acknowledges that the Customer is fully informed of the protections and risks associated with the various methods of transmitting directions to the Bank and that there may be more secure methods of transmitting directions than the methods selected by the Customer, the Plan Administrator, and their agents. 12.13. Plan Expenses. The Plan Administrator may direct the Bank from time to time to charge an expense, or type of expense, against the Account. The Customer hereby represents and warrants that any expense, or type of expense, so directed to be charged is a permissible Plan expense (and is not a settlor expense). 12.14. Co -fiduciary Responsibility. Except as may be required by applicable law, no fiduciary with respect to the Plan (i) is responsible for the actions or omissions under this Agreement of any other fiduciary with respect to the Plan or (ii) has a duty to question whether any other fiduciary with respect to the Plan is fulfilling its own responsibilities under this Agreement. 12.15. Spendthrift. Except as expressly permitted by the terms of the Plan and applicable law, (i) no Participant or Beneficiary has the power to assign or alienate a beneficial interest in the Account; (u) neither the Bank, the Customer, nor the Plan Administrator will recognize an assignment or alienation of a beneficial interest in the Account; and (ii) no beneficial interest in the Account is subject to attachment, garnishment, execution following judgment, or other legal process. 12.16. The following provisions apply if and only if the Trustee 4pe includes discretionary. Exempt from Registration. The Bank hereby represents and warrants that it is a "bank" as that term is defined in Section 202(a)(2) of the Advisers Act, as amended, and therefore exempt, under Section 202(a)(11)(A) of Page .17_of 29 _._ _ the Advisers Act, from registering with the U.S. Securities and Exchange Commission as an investment adviser. 12.17. Legal Advice. The Customer hereby acknowledges that it (i) did not receive legal advice from the Bank concerning this Agreement, (ii) had an adequate opportunity to consult a licensed attorney of its choice before executing this Agreement, and (iii) executed this Agreement upon its own judgment and, if sought, the advice of such attorney. 12.18. Waiver of Jury Trial. Each party hereby irrevocably waives all right to a trial by jury in any action, proceeding, claim, or counterclaim (whether based on contract, tort, or otherwise) directly or indirectly arising out of or relating to this Agreement. 12.19. Counterparts and Duplicates. This Agreement may be executed in any number of counterparts, each of which, without production of the others, will be deemed to be an original, but all of which together will constitute the same instrument. This Agreement, and any direction, notice, or other communication given under this Agreement, may be proved either by an executed original or by a reproduced copy thereof (including, but not limited to, an electronic file copy thereof). 12.20. Effective Date. This Agreement will become effective when all parties have signed it. The date of this Agreement will be the date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature). IN WITNESS WHEREOF, an authorized officer of each party hereby executes this Agreement on the date stated beneath that party's signature. Its: Brazos County Judge Dated: U.S. BANK NATIONAL ASSOCIATION Un Its: Vice President and Relationship Manager Dated: Page 18 of 29 E L SECTION 115 TRUST AGREEMENT Exhibit A Covered Plan Trustee Type: Directed trustee Plan: Brazos County Other Post -Employment Benefits Trust Plan Type Other post -employment benefits Plan Type Governmental; BRC Sectionl 15 and Texas Statutes applicable to Trusts Plan Administrator: The Plan Administrator is the Customer. Plan Administrator: Brazos County (Do not enter the name afany third -party administrator.) Authorized Officer: c/o Brazos County Judge Duane Peters (acting upon the actions of the Brazos County Commissioners Court). U.S. Mailing Address: 202 South Texas Avenue, Suite 332, Bryan, Texas 77803 Phone Number: (979)361-4102 Email Address: Effective Date. This Exhibit will become effective when all parties have signed it. The date of this Exhibit will be the date this Exhibit is signed by the last party to sign it (as indicated by the date associated with that party's signature). IN WITNESS WIIEREOF, an authorized officer of each party hereby executes this Exhibit on the date stated beneath that party's signature. CUs ER Q By: Its: Brazos County Judge/ Dated: U.S. BANK NATIONAL ASSOCIATION 0 Page 19 of 29 Vol._0 02 Pq � - Its: Vice President and RelationslAp Manager Dated: Page 20 of 29 von.?�/--- SECTION 115 TRUST AGREEMENT Exhibit B Fee Schedule for Plans FOR PLANS U.S. Bank National Association ("USBNA'), U.S. Bancorp Asset Management, Inc. ("USBAM'), U.S. Bancorp Fund Services, LLC ("USBFS'), and Quasar Distributors, LLC (" ar') are affiliates of U.S. Bancorp (collectively with U.S. Bancorp, "U.S. Bank'). This Fee Schedule, together with the governing service contract(s), describes services that U.S. Bank expects to provide to the account named below (the "Account") and compensation that US. Bank expects to receive therefor: Account Profde (Part A): Describes the Account and U.S. Bank's role with respect to the Account, Fund -level Fees (Part B): Identifies certain open-end investment companies registered under the Investment Company Act of 1940 (the "'40 Act') ("Mutual Funds'), bank -maintained collective trust funds ("CM'), and nonbank maintained group trusts ("Group Trusts') (each of the foregoing, a "Fund') as investments for Account assets and describes fees the Account pays on the investment of Account assets in the Fund (the "Fund Fees") and the fees received by U.S. Bank with respect to such investment in the Fund ("U.S. Bank Revenue Share'). This Fee Schedule identtftes only those Account investments that pay U.S. Bank Revenue Share, except for certain sweep vehicles (see below). For a separate list of all Account investments, including those that pay no U.S. Bank Revenue Share, contact USBNA. Account -level Fees (Part C): Describes fees the Account pays directly to US. Bank (the 'Account Fes'). Other Compensation (Part D): Describes compensation that U.S. Bank receives other than US. Bank Revenue Share or Account Fees ("Other Compensation'). Changes (Part E)t. Describes circumstances under which this Fee Schedule may be changed. Approval (Part F): Provides the client's approval of the fees described herein ACCOUNT PROFILE (PART A) Account Name: Brazos County OPEB Trust 1. The Account holds assets of (checkA or B but not both): ® A. A401(a)plan; a master trust for such plans; a 457(b) plan; a VEBA; a Section 115 trust; ora plan - assets fund. If Account assets are subject to the Employee Retirement income Security Act of 1974, as amended ("ERISA') (an "ERISA -Covered Account', then the undersigned is the "responsible plan fiduciary" for the services described herein as defined in U.S. Department of Labor Regulations Section 2550.408b-2 (the "Clienfl. This Fee Schedule is intended to enable the Page.21.of 29_---- __-.- Val. Client to find information about the services to be provided, and the compensation to be received therefor, by USBNA (and its affiliates and subcontractors) pursuant to those regulations. The Client should review the information before entering into, extending, or renewing a service contract with respect to the plan, and the plan's "administrator" (within the meaning of ERISA Section 3(16)(A)) (the "Plan Administrator") should review the information before preparing any Form 5500. Conversely, if Account assets are not subject to ERISA, then the undersigned is the plan's primary fiduciary (the "Client). To the extent (if any) provided in the plan, plan participants have discretion to invest Account assets (to such extent, a "Participant -Directed Plan'). But, the plan does not permit plan participants to. establish individually directed accounts C MAs'7 (sometimes also known as "brokerage windows", "self-directed brokerage accounts", or "personal brokerage accounts'). ❑ B. A non-qualified deferred compensation arrangement (an "NODC Account'), such as a salary - reduction arrangement, bonus -deferral plan, supplemental executive retirement plan, or excess - benefit plan. The undersigned is the grantor (the "ClienfI of the attangement's rabbi trust. 2. USBNA has discretion to invest Account assets to the extent (if any) provided in its governing service contract(s) with the Client (to such extent, a "Managed AccouoY; otherwise, a "Directed Aeeounf�. FOR AN ERISA -COVERED ACCOUNT, see the governing service contract(s). FOR AN ERISA - COVERED ACCOUNT THAT IS A MANAGED ACCOUNT, USBNA hereby acknowledges that, when exercising investment powers in its discretion, USBNA is providing services directly to the plan as a "fiduciary" within the meaning of ERISA Section 3(21)(A)(i). (FOR A MANAGED ACCOUNT THAT IS SUB -ADVISED) [DRAFTING NOTE: ENTER THE FULL LEGAL NAME OF ANY RL4 FIRM CHOSEN BY USBNA TO INVEST ACCOUNT ASSETS.] (the "Sub -Adviser') invests Account assets in its discretion (a "Sub -Advised Accounf� by way of a sub- contract between USBNA and the Sub -Adviser. FOR AN ERISA -COVERED ACCOUNT, the Sub - Adviser has acknowledged that the Sub -Adviser is providing services directly to the plan as (i) a "fiduciary" within the meaning of ERISA Section 3(21) and (ii) an investment adviser registered under the Investment Advisers Act of 1940. 3. If USBNA holds Account assets as trustee under a trust agreement with the Client, then the Client is the plan sponsor. FOR AN ERISA -COVERED ACCOUNT THAT IS A DIRECTED ACCOUNT, USBNA hereby acknowledges that, when acting under such trust agreement as directed by a "named fiduciary" with respect to the plan within the meaning of ERISA Section 402(x), USBNA is providing services directly to the plan as a "fiduciary" within the meaning of ERISA Section 3(21), subject to significant limits under ERISA Section 403(x)(1). Conversely, if USBNA holds account Assets as custodian under a custodial agreement with the Client, then the Client is the plan's trustee.. FUND -LEVEL FEES (PART B) FOR A MANAGED ACCOUNT, U.S. Bank may invest Account assets in the Funds, subject to the Account's investment guidelines. FOR A DIRECTED ACCOUNT, U.S. Bank invests Account assets in the Funds and in other investments only as directed, subject to the sweep vehicle identified below. Fund Fees. Fund Fees, and U.S. Bank Revenue Share, are shown on the Fund tables; are based on investment in a Fund; and may vary by Fund and by class of shares or units issued by the Fund. Fund Fees are charged against the Fund's assets and reduce the Funds' average daily balance and investment yields. U.S. Bank Revenue Share is paid indirectly from the Fund Fees and is not in addition to the Fund Fees. Page -22 -of -29 -------- - — VOL Additional Investment -Related Information. See a Mutual Fund's prospectus; a CTF's summary description, declaration of trust, and subscription agreement; a Group Trust's offering memorandum; and any Fund's fund -fact sheet (collectively, as applicable, the "Fund -Issuer's Disclosure") for Fund details not reflected in the Fund tables. Total Annual Operating Expenses ("'TAOE"). From time to time, a Fund's service provider may voluntarily waive a portion of the fees it is entitled to receive for serving the Fund or refund such a portion to a Fund investor. The term TAOE, as used herein, weans the TAOE before waivers and refunds. If a waiver is in effect, the Client's approval of Fund Fees and U.S. Bank Revenue Share includes approval up to the TAOE; if the service provider terminates the waiver as provided in the Fund -Issuer's Disclosure, the approval persists. Estimating U.S. Bank Revenue Share. To estimate the amount of U.S. Bank Revenue Share, multiply the Account's average balance in a Fund over the relevant year by the fee rate set forth in the appropriate sub -column of the Rate -of -Fees -Received -By column below. (For help with estimating average balances, contact USBNA.) Except for the rates of USBNA's fees from National Financial Services LLC (EIN: 04-3523567) ("NOS") and USBAM's fees, those fee rates are estimates. U.S. Bank calculates those estimated fee. rates as follows; (i) Start with the total amount of fees received by the applicable U.S. Bancorp affiliate with respect to the Fund during the most recently ended calendar year; and (ii) Divide by the total value of all Fund shares serviced by the affiliate as of that calendar -year end. The sum of the fee rates in the sub -columns will not necessarily equal the TAOE, because the TAOE might be based on a different time period than such fee rates and because service providers unaffiliated with U.S. Bank might receive fees from the Fund. Actual fees may vary from such estimates and year to year. U.S. Bank's Refund of Certain Fund Fees (FOR A MANAGED ACCOUNT THAT IS AN ERISA - COVERED ACCOUNT): For any Fund marked with an n in the Other Mutual Funds table, U.S. Bank refunds to the Account U.S. Bank Revenue Share received with respect to the Fund. FOR AN ACCOUNT THAT IS NOT A SUB -ADVISED ACCOUNT, that mark means that U.S. Bank is the Fund's principal underwriter or affiliate (within the meaning of Sections 2(x)(29) and 2(a)(3), respectively, of the '40 Act). FOR A SUB -ADVISED ACCOUNT, that mark means that the Sub -Adviser (together with its affiliates) or U.S. Bank is the Fund's principal underwriter or affiliate (within the meaning of Sections 2(a)(29) and 2(a)(3), respectively, of the '40 Act). First American Funds. USBAM is the investment advisor to the Mutual Funds in the First American Funds, Inc. family (the "First American Funds"). U.S. Bank may enter into agreements with First American Funds or with First American Funds' service providers (including investment advisers, administrators, transfer agents, or distributors) whereby U.S. Bank provides services to the First American Funds, including, as applicable, services provided by USBAM (investment advisory, shareholder services), by USBNA (custody, securities -lending), by USBFS (accounting, administration, transfer agency), and by Quasar (distribution, principal underwriting), and receives fees for these services. FOR A DIRECTED ACCOUNT, the fees received by U.S. Bank may include distribution and service fees paid under a plan of distribution adopted pursuant to Rule 12b-1 under the Investment Company Act of 1940 ("12b-1 Fees'). Page 23 of 29 I— These fees are received from the Fund. 2— This amount is the TAOE less U.S. Bank's voluntary waiver, if any, of a portion of the fees it is entitled to receive for serving the Fund. Other Mutual Funds. U.S. Bank may enter into agreements with Mutual Funds other than First American Funds ("Other Mutual Funds' or with Other Mutual Funds' service providers (including investment advisers, administrators, transfer agents, or distributors) whereby U.S. Bank provides services to the Other Mutual Funds, including, as applicable, services provided by USBNA (custody, securities lending, shareholder services, National Securities Clearing Corporation (NSCC) networking), by USBFS (accounting, administration, sub -transfer agency), and by Quasar (distribution, principal underwriting) and receives fees for these services. The fees received by U.S. Bank may include 12b-1 Fees. Rate Of Rate Of Fees Received B Z w TAOF Fund Name Ticker Share Fund Name Ticker a7 TAOE After T Class pq 0 o ° (/°) Waive ] C First American Government Oblig Z FGZXX Otte e e o e0.2 0.2 I— These fees are received from the Fund. 2— This amount is the TAOE less U.S. Bank's voluntary waiver, if any, of a portion of the fees it is entitled to receive for serving the Fund. Other Mutual Funds. U.S. Bank may enter into agreements with Mutual Funds other than First American Funds ("Other Mutual Funds' or with Other Mutual Funds' service providers (including investment advisers, administrators, transfer agents, or distributors) whereby U.S. Bank provides services to the Other Mutual Funds, including, as applicable, services provided by USBNA (custody, securities lending, shareholder services, National Securities Clearing Corporation (NSCC) networking), by USBFS (accounting, administration, sub -transfer agency), and by Quasar (distribution, principal underwriting) and receives fees for these services. The fees received by U.S. Bank may include 12b-1 Fees. N/A 3— These fees may be received from the Fund or its investment advisor, administrator, transfer agent, distributor, or other agent. USBNA does not receive shareholder -services fees it would otherwise receive from Nuveen Securities, LLC if the Account is an ERISA -Covered Account. 4— These fees aro received from NFS for providing shareholder services and administration on behalf of NFS and Fidelity Brokerage Services LLC (collectively, "Fideli ') to Mutual Funds that are available on Fidelity's brokerage platform. Page 24 of 29 Rate Of Fees Ree ad % pM Fund Name Ticker Class C � T 0 o (%) v N/A 3— These fees may be received from the Fund or its investment advisor, administrator, transfer agent, distributor, or other agent. USBNA does not receive shareholder -services fees it would otherwise receive from Nuveen Securities, LLC if the Account is an ERISA -Covered Account. 4— These fees aro received from NFS for providing shareholder services and administration on behalf of NFS and Fidelity Brokerage Services LLC (collectively, "Fideli ') to Mutual Funds that are available on Fidelity's brokerage platform. Page 24 of 29 CTFs; Group Trusts (FOR AN ACCOUNT INVESTED IN THE FUNDS IDENTIFIED BELOW, TO THE EXTENT OF SUCH INVESTMENT). For information about the Funds identified below, including services that U.S. Bank expects to provide to the Funds, compensation that U.S. Bank expects to receive therefor, and the TAOE, see the Fund -Issuer's Disclosure. C.S. McKee Core Fixed Income Fund (12640K106) Quest Group Trust I C.S. McKee Large -Cap Core Equity Fund (12640N100) Quest Group Trust II C.S. McKee Large -Cap Value Equity Fund (12640M102) Quest Group Trust III Quest Group Trust IV Quest Group Trust V Quest Group Trust VI Quest Group Trust VB Quest Group Trust VIE Sweep Vehicle (FOR A DIRECTED ACCOUNT). Any sweep vehicle identified herein either is shown on a Fund table above or pays no U.S. Bank Revenue Share. The sweep vehicle for Account assets is identified below. Sweep Vehicle: First American Government Obligations Fund Class Z(FGZXX) ACCOUNT -LEVEL FEES (PART Q The Account Fees, which are in addition to Fund Fees and are paid directly to USBNA, are as follows. For a complete description of services that U.S. Bank expects to provide to the Account, see the governing service contract(s). Administration fee: Provide account administration. The administration fee is calculated in tiers, based on the invested value of Account assets. The rates are as follows: 2.5_bps on the first $ _100mm of Account assets _1.5_ bps on the balance of Account assets Trade -processing fees (FOR A DIRECTED ACCOUNT): Process trades for the Account. The rates are as follows: Fed book -entry and DTCcligible securities (per trade) Domestic mutual funds (per trade) Physicals (per trade) Distribution Fees: Wires (per wire) ACH payments with advice (per payment) Checks Recurring (per check) Lump Sum Payment (per payment) Any other account -level fees: $200.00 Base Fee Per Sub Account $250.00 Performance Management (Optional) $1,000.00 Customised Legal Documentation Fee for modifications to the Standard U.S. Bank Custody Agreement Page 25 of 29 $_7.50_ $_7.50_ $_7.50 $_7.50 _ $_2.00 _ $_2.50 $_15.00— other than State Jurisdiction, and for items that require ff&C Legal Review. $1,000.00 Annual Trustee Fee Manner of Receipt. Account Fees will be calculated (check one and only one): ® Monthly. ❑ Quarterly. ❑ Semi-annually. ❑ Annually. Any asset-based Account Fees will be based on the applicable Account balance (or portion thereof) as of the end of the billing period. (The asset values used in such calculation may vary from the asset values reported on an asset statement because of timing issues, such as the posting of accruals or the late -pricing of securities.) Account Fees will then be (check one and only one): ❑ Billed and invoiced to the Client with instructions on how to remit payment. The Client hereby acknowledges that U.S. Bank may charge such fees directly to the Account if the Client has not paid the invoice within 60 days of receiving it. ® Charged directly to the Account, with a subsequent advice to the Client about the charges. OTHER COMPENSATION (PART D) Float Income. USBNA may hold (i) cash awaiting either investment or distribution to proper recipients or (ii) funds held for other purposes (for example, pending investment following a trade fail, because funds were received too late to be posted the same day, or pursuant to an investment direction) in an interest-bearing or noninterest - bearing deposit account at USBNA and, thereby, earn and retain income on the float as part of its fees for servicing the Account. The payors of the float income are other financial institutions that borrow USBNA's deposits on a short-term basis. For cash awaiting investment, the float period is generally no longer than one business day following the receipt by USBNA of such cash. However, if the Client fails to provide adequate information concerning the allocation of contributions (or, if applicable, if there is no participant investment direction), the float period may last until such date as USBNA receives clear, comprehensive directions (in accordance with applicable trading deadlines) as to how such cash should be allocated and invested. For distributions made from the Account, the float period commences on the date the check, wire transfer, or electronic transfer is issued to a proper recipient and ends on the date the check is presented to USBNA for payment and settles or wire or electronic transfer is accepted by the receiving institution. The time period involved varies for each payment issued, though the average time such payments remain outstanding is one to 15 days from the date of issuance. For funds held for other purposes, the float period commences on the date good funds are deposited in the applicable deposit account and ends on the date the funds are withdrawn or transferred therefrom, such as ending upon actual trade settlement (for funds held pending investment following a trade fail) or on the next business day (for funds received too late to be posted the same day). The float rate on (i) cash awaiting investment; (ii) un -cashed checks, pending wire transfers, and pending electronic transfers and (iii) funds held for other purposes is generally no more than the Target Federal Funds Rate (the. "Target ice") of interest applicable during the period involved. The Target Rate is the short-term rate objective announced by the Federal Reserve. The actual rate of interest paid between banks is the Effective Federal Funds Rate (the "Effective Rate"). The Effective Rate changes daily but is generally close to the Target Rate. Changes to the Target Rate are made by the Federal Reserve's Open Market Committee. The announced Target Rate can be obtained upon request from your account representative or can be found in the Wall Street Journal. Page 26 of 29 Investment Brokerage (FOR A DIRECTED ACCOUNT). USBNA's fixed-income trading units offer investment products, which may include bank notes; bankers' acceptances; certificates of deposit (CDs); commercial paper; corporate securities; Eurodollar CDs; Federal funds; government securities (such as U.S. Treasury obligations; government -guaranteed agencies; and government-sponsored agencies); USBNA non - transaction and transaction accounts; and repurchase agreements. A separately identifiable department or division of USBNA known as the U.S. Bank Municipal Securities Group ("MSG") also offers investment products, which may include municipal securities, pursuant to its authority as an MSRB-registered bank dealer, And, U.S. Bancorp's affiliate U.S. Bancorp Investments, Inc. ("USBI") also offers investment products, pursuant to its authority as an SEC -registered broker-dealer. To the extent that the Client has agreed to buy investment products for the Account through or from, and sell investment products from the Account through or to, USBNA, MSG, or USBI (each such agreement, a `Brokerage Agreement'), then USBNA may implement investment directions received regarding such products by directing the attendant trading activity to such entities, unless the investment direction in a particular instance expressly requires use of an independent broker. When USBNA buys from or sells to a third party (that is, in an agency trade), USBNA's compensation for the trade is disclosed as an agency service -charge (a "Commission") stated in the corresponding trade -confirmation, unless the Client has waived such confirmations. When USBNA instead sells to the Account (that is, in a principal trade), USBNA's compensation for the trade is implicit in the sales price. For an asset not issued or offered by USBNA, such implicit compensation is the amount by which such sales price exceeds the purchase -price that USBNA previously paid therefor, a difference (the "Mark-up') which is typically less than 0.50% and in no event more than 2% of the asset's par value calculated on an annualized basis. For an asset issued or offered by USBNA, such implicit compensation is the amount it would cost USBNA to raise a similar amount of money from non -retail sources, an amount which is typically equal to 0.25% to 0.75% of the asset's par value calculated on an annualized basis. For questions about buying or selling assets through, from, or to USBNA, including the Commission, Mark- up, or other compensation that would be associated with any such purchase or sale, contact USBNA's Money Center at 1-800-236-9444. For questions about buying or selling assets through, from, or to MSG or USBI, including any compensation that would be associated with any such purchase or sale, contact MSG or USBI, as the case may be. For a complete description of the investment -brokerage services that U.S. Bank, MSG, or USBI expects to provide to the Account, see the governing Brokerage Agreement(s). Nuveen Earn -out (FOR A MANAGED ACCOUNT THAT IS AN ERISA -COVERED ACCOUNT): Nuveen Fund Advisors, LLC ("Nuveen' is the investment adviser to certain Mutual Funds (the "Nuveen Mutual Funds'). Firstar Capital Corporation ('Firstar Capital'), an affiliate of U.S. Bancorp, holds a less -than -10% ownership interest in Nuveen's former indirect parent. Depending on the outcome of certain factors, Firstar Capital might in the future receive an earn -out payment in respect of that interest. To the extent the earn -out payment is attributable to the Account's interest in Nuveen Mutual Funds, U.S. Bank will credit to the Account a proportionate amount of the payment. Soft Dollars (FOR A MANAGED ACCOUNT THAT IS AN ERISA -COVERED ACCOUNT). Certain broker- dealers that execute trades for Managed Accounts provide USBNA with a variety of services, including access to the broker -dealer's executives and research reports, analysis, and forecasts prepared by the broker-dealer (collectively, "Proprietary Soft Dollars"), based on the total trading activity (and attendant brokerage commissions) that USBNA directs to the broker-dealer. The broker-dealers that paid Proprietary Soft Dollars with respect to Managed Accounts during the most recently ended calendar year are listed below; to determine which of those broker-dealers, if any, executed trades for the Managed Account, see the Managed Account's certified annual trust statement, including the section thereof entitled `Broker Commissions". Proprietary Soft Dollars do not have an identifiable dollar value, so the amount of Proprietary Soft Dollars cannot be estimated. Broker -Dealers That Paid Proprietary Soft Dollars International Strategy & Investment Group LLC Strate as Research Partners, LLC Weeden & Co. L.P. Empirical Research Partners LLC Page 27 -of 29---- — Certain broker-dealers that execute trades for an investment manager credit a portion of the attendant brokerage commissions towards the manager's purchase of a variety of services provided by third parties, including access to a research -firm's executives and research reports, analysis, and forecasts prepared by the research -firm (collectively, "Non-oroorietary Soft DollarO. U.S. Bank received no Non-proprietary Soft Dollars with respect to the Managed Account during the most recently ended calendar year. CHANGES (PART E) This Fee Schedule may be amended in whole or in part at any time as follows: • The Client executes an amended and restated Fee Schedule and delivers it to USBNA; or USBNA proposes a change to the Client in writing, by delivering an amended and restated Fee Schedule or another written notice, and the Client does not deliver a written objection to USBNA within 30 days thereafter. USBNA will treat the Client's silence as approval and implement the proposed change on that deadline as a direction of the Client; or • FOR AN ACCOUNT THAT IS NOT AN NQDC ACCOUNT: The Funds identified herein change because of re -investment of Account assets, or the U.S. Bank Revenue Share rates identified herein change because of re -negotiation of agreements with the Funds or their service providers, and USBNA delivers an accordingly amended and restated Fee Schedule (or another written notice of the change) to the Client within 60 days after re -investment or rate -change. Such notice will be effective on the date of re -investment or nue-change. This Fee Schedule need not be amended to reflect the Account's complete divestment from a Fund. FOR A MANAGED ACCOUNT THAT IS AN ERISA -COVERED ACCOUNT: Notwithstanding anything herein to the contrary, this Fee Schedule may not be amended to add a new First American Fund or to change the Fund Fees and U.S. Bank Revenue Share set forth herein for a First American Fund, without the express written consent of the Client But, no such consent is required for a change that arises only from the application of U.S. Bank's methodology (as described herein) for calculating estimated fee rates. FOR AN NQDC ACCOUNT: The Funds identified herein may change because of re -investment of Account assets, or the U.S. Bank Revenue Share rates identified herein may change because of re -negotiation of agreements with the Funds or their service provident. USBNA will not deliver any written notice of such change to the Client, except insofar as the Client thereafter asks USBNA for an amended and restated Fee Schedule and such change is reflected therein. The Client's approval of Fund Fees and U.S. Bank Revenue Share includes approval of the Fund Fees and U.S. Bank Revenue Share that would be described in any such amended and restated Fee Schedule. As such, the Client should request an amended and restated Fee Schedule periodically and in connection with re -investment of Account assets. APPROVAL (PART F) First American Funds (FOR A MANAGED ACCOUNT). The Client hereby acknowledges receiving the following information: Fund -level Fees (Part B) hereof describes Fund Fees and U.S. Bank Revenue Share of the identified First American Funds, including any differential among Fund Fees and U.S. Bank Revenue Share of different identified First American Funds. Account -leve] Fees (Part C) hereof describes Account Fees, including the waiver of account -level advisory fees on Account assets invested in Fust American Funds. The prospectus for a First American Fund provides additional information about fees paid by the Fund. Investment in the Fust American Funds offers diversified cash management investments and other features that are appropriate for the Account, including that the Funds are valued daily, may be bought or sold on any business day, and prices of First American Funds are listed daily in most major newspapers and Internet financial sources. Account assets will not be invested in a share class that charges any sales commissions, loads, or transfer fees for buying or selling Fund shares. Account assets will not be invested in a share class that charges any redemption fee for selling Fund shares, unless such redemption fee is paid only to the Fund and is disclosed in the Fund's prospectus at the time of purchase and Page �28800f 29 sale of such shares. Account assets may only be eligible to be invested in certain share classes of some First American Funds; such limitations are described in the Funds' prospectuses. Acknowledgement. The Client hereby acknowledges that it: • is independent of U.S. Bank and has fiduciary authority to enter into, extend, and renew contracts for the services described herein and to select the investments and approve the fees described herein. • has received, read, and understands a fully -executed copy of its governing service contract(s) with USBNA with respect to the Account, including, to the extent applicable, the trust agreement, custody agreement, investment -management agreement, securities -lending agreement, or Brokerage Agreement(s). • has received, read, and understands the Fund -Issuer's Disclosure for each Fund. • understands and approves the services and fees described herein, including (a) the Fund Fees for each Fund, (b) U.S. Bank Revenue Share for each Fund, (c) the Account Fees, and (d) the Other Compensation. • agrees to the process described herein for amending the Fee Schedule. • may contact its Relationship Manager at USBNA regarding this Fee Schedule. • FOR A MANAGED ACCOUNT, understands that, subject to the Account's investment guidelines, Account assets may be invested in any Fund. • FOR A SEPARATELY MANAGED ACCOUNT (SMA) OR A UNIFIED MANAGED ACCOUNT (UMA), understands that, subject to the Account's investment guidelines, Account assets may be invested pursuant to Model Advice. • FOR AN ERISA -COVERED ACCOUNT THAT IS A PARTICIPANT -DIRECTED PLAN, obtained and accepted delivery of prospectuses and such other documents that provide the information required for the Plan Administrator to comply with U.S. Department of Labor Regulations Section 2550.404a-5 regarding the plan's designated investment alternatives from the plan's third -party (that is, not U.S. Bank) recordkeeper or broker that makes the alternatives available to participants or beneficiaries (such as on a recordkeeping platform or similar mechanism). IN NESS WHEREO , the Client hereby executes this Fee Schedule as of this _lr i— day of 20. A Client: Daze-, PeAM.5 (Printed) Its: Effective Date: Shares of registeacd investment companies, and units of bank -maintained collective twat funds and nonbank-maimained group busts, are not deposits or obligations of, or guaranteed by, any bank, including any bank affiliated with U.S. Bancorp. Nor deer the Federal Deposit Insurance Corporation, the Federal Reserve Board, or any other governmental agency insure such products. An invesunent in such products involves investment risks, including tete possible loss of principal, due to fluctuations in each products not asset value. Deposits products are offered by U.S. Bank National Association, member FDIC. Page 29oof 29 FVoi.__/_ Brazos County Job Description Last Updated: September 2012 00'xW rL TOMW. Rnitlm 1.20a 150012 12.. F_ `—"` ' Claes Number: — � 2668 Title: Tech Temporary (1040 hrs) Pay Group: I NIA Department: + Road & Bridge FLSA Status: Non Exempt Reports To: General Superintendent Approved Date: EEOC Category:..)"Skilled Craft Workers Position End Date: it `i/30 7e)/7 If Temporary Employee Signature: I ,y✓ rR General Summary: ��— r '- I Supervlses seal coal work, crack seal and hot mix work of subcontractors. Preferred: i Essential Duties: _ Physkai Demands Other duties may be assigned.-0rives county roads to assess and determine mads to be crack sealed or seat coaled; coordinates activity with each area supervisorassists other county employees in completing a set or plans and specifications Por the subject work. The physical demands described here are representative of arose that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk end hear. The employee must frequently bend, steep, squat and walk. The employee must frequently lift and/or move objects weighing up to 30 pounds, such as tools and equipment. specific vision abilities requlred by this job Include dose vislon, distance vision, peripheral vision and ability to adjust focus. Other DUtles 2s assigned: (1%) supervision Recelved: General superintendent Abilities Given: This is a non•supellrisoryposftlon; however can direct sub with their duties; Inspects contractor!eal wet, hot mlxandcrack seal applications. Assess need fol and mndilbn of drainage systems; design drainage systems; work e0egbely and cooperatively with coworkers. Assess need for correctly or preventative maintenance and recommend Education Required: High school graduation or Its equivalent;ora any combination at equivalent education and -that - mvidesLtamouiredknowledea skis andabMes Texperience Preferred:" �Expenence -- - Required•At least five yeers--of experience. To perform thisjob"su ccessNity, an Individual must be able to pedoon each essential duty satisfactorily as noted above. Preferred:- Certificates, Licenses, _ - -"— Registrations Required: (Valid) Class C Driver's License. - — Preferred: Physkai Demands I j Typical: The physical demands described here are representative of arose that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk end hear. The employee must frequently bend, steep, squat and walk. The employee must frequently lift and/or move objects weighing up to 30 pounds, such as tools and equipment. specific vision abilities requlred by this job Include dose vislon, distance vision, peripheral vision and ability to adjust focus. Knowledge, Skills, 8 Abilities Typical: Assess need fol and mndilbn of drainage systems; design drainage systems; work e0egbely and cooperatively with coworkers. Assess need for correctly or preventative maintenance and recommend i proper corrective measures for the assessed needs.. Communicate effectively to General Superintendent and County Engineer. Vol. _a� � _lie 3� Work Envi nro ment Typical: The work environment characteristics described hem are representative of those an employee encounters while performing the esserrUai functions of this lob. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment Is frequently loud. The Is employee constantly required to work closely with others as a pad of a team, and Is frequently exposed to danger. The employee is occasionally required to perform tedious; exacting work. to .. switch from one task to another, and to work under time pressures to meet deadlines. 1:3 �il(v Duane Peters Date County Judge �.�� I��Pos . I Tomp= Radsiw 1.2 0WI92012 Intern, Detention Officer (intake Release) Sheriff -Jail Admin. Intake Sergeant I Office and Clerical Position End Temporary Date: 09130/2017 Employee Signature: !j General Summary: Performs duties assisting Intake/Reliasia crifficefs reate—d-lo"the'lintike —ans�4king the taiepw6ne andl rcong m lis -and taking messages; and serves as publicAnnnate liaison, Including appropriately responding to letters and telephone calls regarding Incarcerated inmates, assisting the public In the Release Lobby. Assisting any other subdivision of the Intake/Release department. Essential Duties: Other utTes may be assigned. AsslsNng the Intake/Release stall; Assisting the Court Clerks) - Answers -- -t K e jil-e— , Including U pfi6�� —ic t1h4citsaI d taking messages: Performs duties of loutsiciinmate liaison, including appropriately responding telephone calls regarding Incarcerated Inmates: Performs miscellaneous duties, including writing memos: May assist with transporting Inmates within and outside of facility: May fingerprint and photograph prisoners; May assist Serve Time Coordinator as necessary. J.Pther Duties A �--e . ( ---- -- - - - '-- --- --- ------ _a - ss " ignA 10�9) Sup rvi . st I on Received: FromIntake Iven: i This is anon -supervisory position. Education - ----- Required: High school graduation or Its equivalent, and be enrolled In the internship class at 2 university. I Preferred: EXpem nce R eq u-- fre d TO perform this lobsuccessfully, an individual must b' a -a ol a to perform -a a c h essential -duty saIIsisctonly . T h a requirements listed below are representative of the knowledge, skit, and/or ability required. Reasonable accommodalions may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations -Required.- Valid TaxM es otorVeIrc&j l le operaticense. ----------- ---- Brazos County Job Description Last Updated: September 2015 Class Number: i 1516 Title: Pay Group: I ------- -- --- 10 Department: FLSA Status: Non Exempt Reports To: Approved Date: 10/01/2016 EEOC Category �.�� I��Pos . I Tomp= Radsiw 1.2 0WI92012 Intern, Detention Officer (intake Release) Sheriff -Jail Admin. Intake Sergeant I Office and Clerical Position End Temporary Date: 09130/2017 Employee Signature: !j General Summary: Performs duties assisting Intake/Reliasia crifficefs reate—d-lo"the'lintike —ans�4king the taiepw6ne andl rcong m lis -and taking messages; and serves as publicAnnnate liaison, Including appropriately responding to letters and telephone calls regarding Incarcerated inmates, assisting the public In the Release Lobby. Assisting any other subdivision of the Intake/Release department. Essential Duties: Other utTes may be assigned. AsslsNng the Intake/Release stall; Assisting the Court Clerks) - Answers -- -t K e jil-e— , Including U pfi6�� —ic t1h4citsaI d taking messages: Performs duties of loutsiciinmate liaison, including appropriately responding telephone calls regarding Incarcerated Inmates: Performs miscellaneous duties, including writing memos: May assist with transporting Inmates within and outside of facility: May fingerprint and photograph prisoners; May assist Serve Time Coordinator as necessary. J.Pther Duties A �--e . ( ---- -- - - - '-- --- --- ------ _a - ss " ignA 10�9) Sup rvi . st I on Received: FromIntake Iven: i This is anon -supervisory position. Education - ----- Required: High school graduation or Its equivalent, and be enrolled In the internship class at 2 university. I Preferred: EXpem nce R eq u-- fre d TO perform this lobsuccessfully, an individual must b' a -a ol a to perform -a a c h essential -duty saIIsisctonly . T h a requirements listed below are representative of the knowledge, skit, and/or ability required. Reasonable accommodalions may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations -Required.- Valid TaxM es otorVeIrc&j l le operaticense. ----------- ---- i �� _ Preferred: Typical: l Ttie physical demands descdhed here are representative of those that must be met by an ernployee t6 successfully perform the essentlal functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects welghing up to 20 pounds, such as books and stacks of records, and occasionally must Ilft and/or move objects weighing 100 pounds or more. Specific vision abilities required by I this Job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. ___..I_. ___ __.. _. Knowledge Skills, 8 Abilities --- - -. . — - -I Typical -:_I Procedures and laws relating to Intake-- -of Inm-ates, standard..office-- practi---ces end—procedures, and use of computer software. Operate computers, Including word processing software; read and understand legal documents, letters, and memos; operate office equipment, communicate effectively, both orally and In writing; and maintain effective working relationships with co-workers, county employees, and the general public. I ( Work Environment Typical: I The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this lob. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment Is usually i high. While performing the essential duties of this job, the employee Is constantly required to perform tedious and exacting tasks. The employee Is frequently required to perform multiple tasks simultaneously and to work closely with others a part of a team. The employee may experience the threat of danger or physical abuse and imay be required to respond to emergency situations. PP� _ 7/1 Duane Pedis Date County Judge 2L -_ Brazos County Job Description Last Updated: September 2015 1217' 1� 6 ti Tomplalu RwI lm 1.2,0 811512 01 2 Class Number: 1516 Title: Intern, Detention Officer (Intake Release) Pay Group:10 --- De artment: P- Sheriff -Jail Admin. FLSS— A Status. Non Exempt Reports To: -- - - Intake Sergeant Office and Clerical Approved Date: 10/01/2D16 EEOC Category: Position End 09/30/2017-- Temporary `Employee /J Date: Signature: General Summary Performs duties assistirig-Frit a 'to the Intake and b'ooking ofInmates answetng the telephone and rooting calls end taking messages; and serves as publir/inmate liaison, Including appropriately responding to letters and telephone calls regarding Incarcerated inmates, assisting the public In the Release Lobby, Assisting any other subdivision of the Intake/Release department. Essential Duties: Other duties may be assigned. -Assisting the IntakeNitesse staff; Assisting the Court Clerks; Answers the telephone, Including routing calls and taking messages; Performs duties of PublirAnmate liaison, including appropriately responding telephone calls regarding Incarcerated inmates; Performs miscellaneous duties, Including writing memos; May assist with transporting Inmates within and outside of facility; May fingerprint and photograph prisoners; May assist Serve Time Coordinator as necessary. � Other Dulles as assigned. (1%p) —! _._ Supervision Received: ( From Intake Sergeant Given' I This Is a non -supervisory , Education Required: g _I HI ' h school eraduation or Its a uivalent, and be enrolled In the Internshiplass at a umvers . - + Q..._.._ c----_-�-- - - --! Preferred:/ Experience - -- Required: To pedorn this job successfully, an Individual must be able to perform each -essential -duly satisfactorily. The I requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. I Preferred: Certificafes, Licenses I - - - — -- Registrations I Requir@d' Valid Tezas Motor Vehicle operator's license. i preferred. Physical Demands Typical: Knowiedge Skills, & Abilities Typical: _.dd. The physical emandsdescribed here__ar-e. represeritsllve of those that must he mel by an employee to successfully perform the essential functions of this job. Reasonable acoions omnr may be made to enable 'Individuals with disabilities to perform the essential functlons. While performing the duties of this job, the employee Is regularly required to sit use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Procedures and laws relating to intake of Inmates, standard offers practices and procedures, and use of __ computer software. Operate computers, including word processing software; read and understand legal documents, letters, and memos; operate office equipment communicate effectively, both orally and In writing; and maintain effective working relationships with co-workers, county, employees, and the general public. Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment Is usually high. While performing the essential duties of this job, the employee Is constantly required to perform tedious and exacting tasks. The employee Is frequently required to perform multiple tasks simultaneously and to work closely with others a part of a team. The employee may experience the threat of danger or physical abuse and may be required to respond to emergency situations. ROVED Duane Peters Date County Judge PCs CA Brazos County TampWla Reneian 1.2 0&1512012 Job Description ryt`� Last Updated: September 2014 I Class Number: 1508 Title: Correctional Health Professionallfemporary Pay Group: 19 Department: j Jail Medical Services - — - --- - ' - ---- - - - ---- - - j FLSA Status: Non Exempt Reports To: Sergeant, Jail Nurse Approved Date: j 10/01/2016 ___-__ ...---_-.-_- _..__.__- _..-.- - ---_ ----- - - EEOC Category: Paraprofessionals Position End Temporary 0 913 0/2 0 1 7 Employee i Date: SI nature -- - - General Summary Remains oncall as needed to respond to any emergency siluatlons et the Jail facility assists In evelue0ng total Wealth care needs of inmates; performs medical screening functlons; dispenses medications as needed; schedules doctor appointments for inmates; performs medical tests; and completes charts and necessary paperwork. Essential Duties: i Othe-r duties --- e -assl4ned . Pedorrns medical screening and Interviewing of Inmates to detertnlne ttheir health needs; Handles medication, i including screening, packing, dispensing, receiving and entering Into the computer, Assesses Inmates' medical needs and arranges for or provides i treatment, Including wound treatment, suture removal and minor surgery; Performs PPD skin tests on Inmates and department employees, including reviewing results, entering results Into the computer and wmpleting necessary paperwork; Sets appointments for Inmates to sea a physician, psychiatrist or dentist as needed; Assists doctors with examinations and medication adminlstration; Maintains medical security and safety procedures for Inmates and staff; Prepares and dispenses medications and supervises seg-administratlon; Prepares health care evaluations, Instructions and counseling to inmates, Including reviewing Inmate medical requests; Maintains Inventory ofand orders medical equipment, supplies and drugs and maintains security control of these items; Monitors blood sugar and blood pressure on hypertensive and diabetic Inmates on a frequent basis and gives Insulin and other injections as necessary; Answers Inmate and staff Inquiries; Maintains medical charts, records and other required medical I documentation, and requests for medical record transfers of new Inmates; Maintains cleanliness In work area; Requests special diets for Inmates as necessary; Performs clerical duties such as filing of records; and Works on-call as necessary. Other Duties as assigned. (1 %) Superwslon - From Ser R0C0IVed: I 9eant, Jall Nurse _. — -_ � This lsanon-su non -supervisory -"----------- - - ��- - ---� Given: � p ry position. Education - Required: Attainment of certification as a Licensed Vocational Nurse (LVN); or any equivalent combination of education �• and experience, which provides the required knowledge, skills and abiNfles. IPreferred: Ex enence - .._........ - .__ _.....__.... I Required: To pedonh this Job successfully, an Individual must be able to perform each essenflai duty eatisfactodly. The j requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Evo -79 P9' I Certificates, Licenses, I Registrations • Required: Must have a Licensed Vocational Nurse (m) or Paramedic level certificatlon or above. Preferred: Physical Demands -- I Typical: I. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee Is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee Is frequently required to stand and walk. The employee must frequently I'rft and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abllRles required by this job Include Gose vision and ability to adjust focus. Knowledge, Skills, & Abilities - -- - - -- - --- TyplCal: ---- - ----...---------_ - - --_. _ s-a7na ------- First alQ phannecology, cardlopulmonery resusdtellon, nursing and standard Jell practices and procedures preferred. Work effectively wllh Inmates, other staff members, and the public; analyze data; read prescriptions and warning labels; reason and make medical judgments and decisions, especlaliy In emergencies; follow Instructions; administer Injections; demonstrate prolidency in both oral and written communlcatlon; and operate j computers. pioal: The wo k environment characiedstlw described here arerepresentative of —those --an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable f individuals with dlsabllities to perform the essential functions. The noise level in the work environment Is usually high. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others as apart j of a team. The employee is frequently required to respond to emergency situations. Vol, APPROVED Duane Peters Date County Judge Brazos County Job Description Last Updated: April 18, 2016 RECEIVED SEP 72016 Tcmplata R.' iM'. Ir 2012 Class Number: 0169 Title: Clerk— Election Admin Temp Pay Group: 06 Department: Elections Administrator FLSA Status: Non Exempt Reports To: Election Administrator Approved Date: 1 04/26/2016 EEOC Category: Administrative/Clerical Position End Date: 'j,afjJkliq Temporary Employee Signature: General Summary: Performs a variety of clerical and cashier duties for the Elections Administrator Office. Essential Duties: Other duties may be assigned. Assists the public in person, by telephone, and by mail concerning department information, researching records, filling out fortes, and resolving relevant problems; Performs general clerical duties as required, including filing, scanning, indexing, recording information, and making copies. Voter Registration Clerk Processes voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and information to public. Updates voter information including name and address changes, deletion of voters no longer eligible, and processes and tracks convicted felons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos County. Other Duties as assi ned. (1% Supervision Received: Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, plus at least six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, andlor ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk, The employee must frequently lift and/or move objects weighing up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Standard office practices and procedures, including handling cash and making change. Operate computers and standard office equipment; read and understand manuals, journals, policies and procedures, and office memos; write form letters, memos, and accurate telephone messages; perform basic mathematical calculations, including making change; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. PRO Duane Peters Date County Judge Vol' Brazos County Job Description 2� Last Updated: PV3L.OWn rsA Template RiMsim 1.20a =2012 Class Number: 2355 Title: Clerk, Temp -Tax Office Pay Group: 06 Department: Tax Assessor/ Collector FLSA Status: Non Exempt Reports To: Tax Assessor/ Collector Approved Date: EEOC Category: Office and Clerical Position End Date: 09/30/3846 2011 Temporary Employee Signature: 4 Of Other duties may be assigned. NOTE: All Tax Office Employees report to the Tax, office Organizational Chart. Assists the public In person, by telephone, and by malt out forms, and resolving relevant problems; Performs general clerical duties as mqt and making copies. Properly Tax Clerk Receives and processes property tax payments In person, and through mail. Assisi of taxes, homestead eligibility, trust/payment agreements and processes requests fi documentation. Assists with beer and liquor license renewals by verifying tax inform duties. Balances cash drawer with work on a dally basis. Assists supervisors with b maintain a current knowledge of Texas Property Tax Code. Motor Vehicle Clerk Processes vehicle registration applications, including receiving payments and issuir assisting customers with required documentation and examination of title paperwod applications. Assists with processing beer and liquor license renewals, including re department with cash balancing duties. Must maintain current knowledge of Texas' Voter Registration Clerk Processes voter registration applketlons, Including reviewing. applications, entering certificates and notices of incomplete applications and suspense notifications. Prov! Updates voter Information Including name and address changes, deletion of voters voting and jury wheel purposes. Works to provide the most accurate information for deputy voter registrars and tracks and documents assigned inventory, Assists with I current knowledge of the Texas Election Code as it affects Voter Registration proce Su arvision Received: Given: This is a non -supervisory position.- Education Required: High school graduation or its equivalent combination of education and experien Preferred: Experience Required: To perform this job successfully. and In requirements listed below are represent accommodations may be made to enab Preferred: Ica.kssessor/Collector through the Chief Deputy. Please refer to Tax concerning department information, researching retards, fitting tired, Including filing, scanning, indexing, recording information, a taxpayers with questions and general information on payment 1r tax certificates. Must assist with refund/overpayment ation. Assists bookkeeping department with cash balancing alancing and reporting duties for various taxing jurisdictions. Must g sticker/moeipts. Processes vehicle title transfers, including for accuracy and completion. Processes various permit caving payments and issuing receipts. Assists bookkeeping rransportation Code as it affects registration and title processes. valid applicants In computer, printing and mailing voter des voter registration applications and information to public. to longer eligible, and processes and tracks convicted felons for election processes in Brazos County. Deputizes volunteer he switchboard and with processing county mal. Must maintain sses. plus at least six months of office experience, or any equivalent ce which provides the required knowledge, skills, and abilities. divldual must be able to perform each essential duty satisfactorily. The ative of the knowledge, skill. and/or ability required. Reasonable le Individuals with disabilities to perform the essential functions, E ate_. pg. ��-- Certificates, Licenses, Registrations Required: None Preferred: I ne pnysical oemanas aescnoea nere are representative or tnose mat must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job; the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities TypiCal: Standard office practices and procedures, including handling cash and making change. Operate computers and standard office equipment; read and understand manuals, journals, policies andprocedures, and office memos; write,forn letters, memos, and accurate telephone messages; perform basic mathematical calculations, including making change; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public i ne wont environment cnaractensucs oescrioea nere are representative or mese an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. APPROVED Duane peters County Judge Date �169� Pos.dl Brazos Count � Y i;l..v emPl Ic X12 12 ����, Job Description SEP 12 2016 i .o Last Updated: September 2014 LY: Class Number: ; 832 Title: Temporary Attendant Building & Grounds (1040 hrs.) Pay Group: 09 Department; Exposition Complex -- _ - ---.._..__.... FLSA Status: Non Exempt 1 Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date: 10/01/2016 EEOC Category: j Service! Maintenance TemporaryPosit End l 09/30/2017 Date: j Employee Signature: v General Summary Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: _..rete._ _ _ - e f -- — - r -.e - -- horse Operates light to moderate equipment such as tractors with implements forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and Instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists In painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down Flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors i in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized: Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned (1%) Sup -- - - lervision Knowledge, Skills, & Abilities Typical: i i The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the i employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is i frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. i I APPROVED Duane Peters Date County Judge Brazos County Job Description Last Updated: September 2014 i_Class _Number: 832 Pay Group: 09 FLSA Status: Non Exempt Approved Date: 10/01/2016 Position End 09/30/2017 Date: provides the required knowledge, skills and abilities. /A W_V_ 11, 1 � V F, 0 & .02 Template 02— Template RwAslom 1.2 08/1512012 Title: Temporary Attendant. Building & Grounds (1040 hrs.) Department: Exposition Complex Reports To: Event Supervisor, Event Coordinator & All Managers EEOC Category: Service / Maintenance General Sumirl------_---- Performand monitors daily operational responsibilities inducing janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Gloenates-ligh _ t to _ moderateo e4tuipmerit s 0 rodeo equipment, horse such as tractors with implements, forklifts and skid steer loaders; Sets up/tears d wn stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup ari tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out 1. trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex: Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time andfor temporary building attendants/staff. I Isslgned (1%) - ----- ---- Received: f Vol. _� P9._Z_ - --- ------- - Given: i- - - - - __.___ - _ __ -_ - ---- ._ - - I- - --- - This is a non-supervisoryposition. i Education - - - -------_ - Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Experience Required: At least one year of related work experience. Preferred; Some experience in operating a tractor and/or related equipment is preferred. Certificates, Licenses, - ------------ - --....... ... - Registrations Required: None. Preferred: f Vol. _� P9._Z_ Knowledge, Skills, & Abilities Typical: Work Environment Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. ;Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning I chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability i to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. ..--- .._._.-- --.-_--- - -__----_._I The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee Is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPRO 177W Duane peters Date County Judge Vol. _d am P9 Y\ Brazos County O�EN VF mplate Revision 1108/15/2012 Job Description 1 SEP 12 2016 j -:•> Last Updated: September 2014 BY: Class Number: 832 Title: Temporary Attendant Building & Grounds (1040 hrs.) Pay Group: 09 Department Exposition Complex FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date: 10/01/2016 EEOC Category: Service/ Maintenance Position End Temporary 09/30/2017 Employee Date: Signature: - — -- - General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Operates light- to moderate equipment such as tractors with implements, forklifts antl skid steer loaders; Sets up/tears down rodeo equipment, horse. stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and I assists with the soundlelectrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistantlsecretary, l regarding janitorial supply Inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. i Other Duties as assigned (1% j Supervision Received: i Event Supervisor, Event Coordinator & All Managers I Given: I .......i 1 This is a non -supervisory position. Education - Required: ; High school graduation or its equivalent; or any equivalent combination of education and experience that 1, provides the required knowledge, skills and abilities. , _ Preferred: - Experience I -- li Required: I At least one year of related work experience. • Preferred: i '. Some experience in operating a tractor and/or related equipment is preferred. , Certificates, licenses, Phys. --al Demands Typical: ;The physical demands described here are representative of those that must be met by an employee to ' successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently it and/or move objects weighing up to 100 pounds such as bags of mulch and rocks. Specific i vision abilities required for this job include close vision, distance vision and the ability to adjust focus Knowledge, Skills, & Abilities YP - -._ _ .. _ .. -t 7 ical i Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning I chemicals. Ability to follow oral and written instructions; ability to learn the proper use ofjanitorial equipment :i and supplies; ability to make minor repairs, ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. i i Work Environment Typical functions. representative hlperforming thefiallfunctions oisjob.a accommodations be made tonale individuals lies tperform es The noiihe workenvironment b----- frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. ,:)IRO �� °I 1aIh Duane Peters Date County Judge Volo--�—��. Pg._ /�� 1 121 24 Brazos County CEIVED emDbi°Re�ppn,.2p6 Qo12 Job Description RE Last Updated: September 2014 .SEP 1 4 ZQjs Class Number: 832 Title; Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 09 Department: Exposition Complex FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date_ 110/01/2016 — EEOC Category: Service / Maintenance ' Position End I i Temporary 'A///JJJ��I��' 09!30!2017 j Employee Date: Signature: 0 Summary: -.. --- - . General Summ- — ... Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Operates light tomoderate equipment such as tractors with Implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse i stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including steges, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including svieeping, vacuuming and taking out trash; Cleans restroams, including using commercial chemicals to remove stainslodors and keeps them free of litter; Strips, waxes, buffs and scrubs i floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists �I in painting and other maintenance projects as necessary; Raises gags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors j in a polite manner during events at the Exposition Complex: Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed Including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistanvsecretary regarding janitorial supply inventory; Assists as necessary in Inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. ' Other Duties as assigned. (1%) Supervision — ---- ---� Received; Event Supervisor, Event Coordinator & All Managers I Education r .._—. Experience Given: This is a non -supervisory position. Required: High school graduation orlts equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: ; Required: Al least one year of related work experience. Preferred: Some experience in operating a tractor and/or related equipment is preferred. Certificates, Licenses, IRegistrations _ - Required; None Preferred: rp gsicaI Demands Typical: The physical demands described here are representative of Mose that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the •� employee is regularly required to sit, use hand to finger, handle, or to feel; reach with hands and amts; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities �i ; Typical; Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous wotk; and an abijry to understand and follow Brazos County safety policies. Work Environment - Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently laud. The employee is constantly required to work closely with others as a pan of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under lime pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVED Duane Peters Date County Judge Vol, __a 4'- Pig D Brazos County Job Description Last Updated: September 2014 Class Number: 832 Pay Group: FLSA Status: Approved Date: Position End Date: LG Non Exempt 10/01/2016 i SEP 12 2016 Title: Temporary Attendant, Building & Grounds (1040 hrs. Department: Exposition Complex Reports To Event Supervisor, Event Coordinator & All Managers EEOC Category: ' Service / Maintenance Temporary 09/30/2017 Employee !, Signature: =Viorko-], FIA A General Summary: - -.. - Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition j Complex including setting -up, cleaning and tearing -down events. i Essential Duties: _ - -_ _, Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets upltears dawn meeting and event rooms, including stages, dance floors, tables, chairs and equipment and '.. assists with the sound/electrical system setup andlor tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and j furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, j creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. j Other Duties as assigned. (1%) Supervision 'I Received: it Event Supervisor, Event Coordinator 8 All Managers Given: This is anon -supervisory position Education Required: , High school graduation or its equivalent; or any equivalent combination of educat provides the required knowledge, skills and abilities. Preferred: I I ' Experience - -- -- - 1 At least one year of related work experience. Required: v p I -- - — -- Preferred: Some experience in operating a tractor and/or related equipment is preferred. Ce tificates, Licenses, Registrations Required: None. , Preferred: PhysicalDemands ------- ----- -- typical: j The physical demands describedhereare representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use ofjanitoral equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. --- - ----------- The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVED Duane Peters Date County Judge Vol. Pg.-- -- .—L— ,r 1►,` Brazos County 012 j L Job Description ° SEP 12 2016 r r Last Updated: September 2014 Class Number: 832 Title: Temporary Attendant Buildin'g' & Grounds (1040 hrs.) Pay Group: 09 Department Exposition Complex _- ----- - --- - ELSA Status: Non Exempt Reports To: 1 Event Supervisor, Event Coordinator & All Managers ! Approved Date: 10/01/2016 -_ EEOC Category: Service! Maintenance_ — Temporary Position End 09/30/2017 Employee Date: Signature: General Summary: -- -- - - � Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: ; -- -- _- Operates -light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens, Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and 1 assists with the soundlelectrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs I floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists ,in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment, Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistantisecretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, i., creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. i Other Duties as assigned (1 %) Supe vis on ___rvi _ ._ .elV-- — - - - - Reced: Event Supervisor, Event Coordinator & All Managers Given: I This is anon -supervisory position. Education Required High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge skills and abilities. i Preferred J. Experience q _. Re ulred: At least one year of related work experience. I I Preferred: Some experience in operating a tractor and/or related equipment is preferred. Certificates, Licenses, Required: AW APPROVED Duane Peters 7h County Judge Date Physical Demands —-- — — — Typical The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this jab. Reasonable accommodations may be made to enable -. individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend !. and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this lob include close vision, distance vision and the ability to adjust focus Knowledge, Skills, & Abilities - Typical: i Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Work Environment„j Typical: .. . -. - . The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of thisjob. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closelywith others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVED Duane Peters 7h County Judge Date Class Number: Pay Group: FLSA Status: Brazos County Job Description Last Updated: September 2014 832 09 Non Exempt Temple Revision 12 M1fiRLV2 / Title: Temporary Attendant Building & Grounds (1040 hrs.) Department: Exposition Complex To: Event Supervisor, Event Coordinator & All Managers Approved Date: 10/01/2016 EEOC Category Position End Temporary 09/30/2017 Employee Date: •, Signature: Service / Maintenance General Summary: - - - -. • Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. i Essential Duties: _es-_ -__._._ 1 Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets upitears down rodeo equipment, horse i stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down, Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, Including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed, Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified) Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistantlsecretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. y1 Physical Demands_ Typical: I The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities I Typical: -Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. !, .... ........................ . Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable !. individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud, The employee is constantly required to work closely with others as a part of a team to perform jI. multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. I AM� Duan PeEer® County Judge Date pg. �—��- t Class Number: Pay Group: ... ........... . FLSA Status: 1 L Approved Date Position End Date: Brazos County Job Description Last Updated: September 2014 General summary.- 832 09 Non Exemp 10/01/2016 09/30/2017 011 M) lre,nplale Revision 1.208/152012 Title: Temporary Attendant, Building & Grounds (1040 hrs.) Department: Exposition Complex Reports To: Event Supervisor, Event Coordinator & All Managers EEOC Category: �, Service / Maintenance Temporary Employee Signature: Performs and —m-drilto-is do . ily operational res I p . c 1. as ibiJit i a s Including Janit orial d ut c s r e s dons ild Hities a nd maintenance of the Brazos County Expas ition Complex including setting -up, cleaning and tearing -down events. Essential Duties: ----------- Operates light to moderate equipment such is tractors with implements, forklifts and skid steer loaders: Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/of tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrourns, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise i specified; operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and i furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables: Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned. (1 %) ------------ ----- --- Required: 1 At least one year of related work experience. I ----- -- -- - Certificates, Licenses, Registrations Required:• None, -Pit . referred: ........ and/or V I ------ 9 Physical Demands _-- ' Typical: 1 The physical demands described here are representative of those that must be mel by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the i employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific " 11 vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities - - Typical: 1, Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning 'I chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers, ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level In the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVED �jll.e Duane Peters Date County Judge r11Z 1..S I Pay Group: 09 1 x'9:.3,. -e'�9 •, .. .-§ f r;- - j� ,? U S`. Brazos County ��� Job Description Last Updated: September 2014 Class Number 632 Title Pay Group: 09 FLSA Status: Non Exemr Approved Date: ! 10/01/2016 Position End Date: 09130/2017 Complex including setting -up, cleaning and Department Reports To: EEOC Category Temporary Employee Signature- including janitorial dL n events. t 2 ( tai fDS . n°i 'Irl ' 1 R.Y"':J1. 15 012 SEP 1 2 2016 `I Temporary Attendant Building & Grounds (1040 hrs.) Exposition Complex Event Supervisor, Event Coordinator & All Managers Service / Maintenance ----- Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises Flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. other Duties- as- asslgned (1%) _..__ ___- Given: This is a non -supervisory position. Education High school graduation or its equwaienr or any equi provides the required knowledge, skills and abilities. one year of relatetl work experience. Fol , P9.---� —� t_ Abilities I ne physical demands oescrioea nere are representative or [nose that must oe met ey an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. re, Skills, & Typical: Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment I and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. I ne work environment characteristics descnbea Here are representative of inose an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a pad of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee maybe exposed to extreme weather conditions. APPROVED Duarte Petim Date County Judgu tr �, .T .t,zZ Brazos County 1r, Job Description ''i/.<;a✓:,„,.,' Last Updated: September 2014 v^rr F. a Class Number: 832 Title: Pay Group: 09 Depart FLSA Status: Approved Date: Position End Date: General Su ._....._..._..,.,.--- Non Exempt Reports To: 10/01/2016 EEOC Categr 09/30/2017 P°S-10 Revlslon 110811512012 SEP 12 2016 Temporary Attendant, Building & Grounds (1040 hrs.) Exposition Complex Event Supervisor, Event Coordinator & All Managers -- — Service / Maintenance Temporary Z� Employee Signature: ViQ. ig janitoriaI'd utlesresponsibilities and maintenance of the Brazos Cc Complex including setting -up, cleaning and tearing -down events. Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the soundlelectrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stainsfodors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, lakes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned (1%) Supervision Ri-iv-ad : Event Supervisor, Event Coordinator 8 All Managers Given: This is a non -supervisory position. Education _ — — equivalent; . ---_. -- -- _ --- --- '�Hih school graduation or its a uivalent; or an equivalent combination of education and experience that Requved: s 9 q v provides the required knowledge, skills and abilities, Preferred Certificates, Licenses, Registrations Required: None. I Preferred: VOL Typical: I he physical demands described here are representative or those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel, and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities ' Typical: ;Safe operation of custodial and maintenance equipment Including the safe use of commercial cleaning , chemicals. Ability to follow oral and written Instructions; ability to learn the proper use oflanitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extremeweather conditions. I'RQ Duane Peters County Judge Date Class Number: Pay Group: FLSA Status: Brazos County Job Description Last Updated: September 2014 832 09 Non Exempt Approved Date: 10/01/2016 Title: Temporary Attendant, Bu In`3Lf pos. L) L r2012 SEP 1 2 2016 Reports To: Event Supervisor, Event Coordinator & All Managers EEOC Category: Service / Maintenance i Position End I Temporary Date; 09!30!2017 Employee I Signature / General Summary; -- - - - _ Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex and setting-up, cleaning and tearing -down events. Essential Duties: Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears dawn meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans resbcoms, including using commercial chemicals to remove stains/odors and keeps them free of litter, Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Education Required: 1High school graduation or its equivalent; or any equivalent combination of education and experience that 1, provides the required knowledge, skills and abilities. Preferred: - L l Experience -_ - - Required' At least one year of relatee d -work experience. I i . Preferred. '�,� Someexperience in operating a tractor and/or related equipment is preferred. Certificates, Licenses, Registrations Required: one. Preferred: Physical Demands - _ -- — Typical. ;The physicaldemandsdescribed here are representative of those that must be met by an employee to ! j successfully perform the essential functions of this job. Reasonable accommodations may be made to enable l individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend ! and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must j frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning 1. chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability -'. to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Work Environment _. Typical: The work environmentcharacteristicsdescribed here are representative of those an employee encounters i while performing the essential functions of this job. Reasonable accommodations may be made to enable -1 individuals with disabilities to perform the essential functions. The noise level in the work environment is j frequently loud. The employee is constantly required to work closely with others as a pad of a team to perform .j multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee maybe exposed to extreme weather conditions. APPROVED 29/1 Duane Peters Date County Judge VOL Class Number: Pay Group: FLSA Status: Approved Date: i Position End Date: Brazos County Job Description Last Updated: September 2014 832 09 Non Exempt 10101/2016 Title: Temporary Attendant, Department: Exposition �os.12 Template Revision 1.2 0911512012 & Grounds (1040 hrs.) Reports To: i Event Supervisor, Event Coordinator & All Managers EEOC Category: Service / Maintenance Temporary 09/30/2017 Employee Signature. General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition '.� Complex including setting -up, cleaning and tearing -down events. Essential Duties: ----- _. _. _.........: Operates light to moderate equipment such as tractors with implements forklifts and skid steer loaders; Sets upffears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter, Straps, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists! in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors 1. in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary !; regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned. (1-%) Supervision _ ' Received: Event Supervisor, Event Coordinator & All Managers GlVen' This is a non -supervisory position. I Education ------ ------._--i High school graduation or its equivalent; or an a equivalent combination of education and experience that Required: g 9Y e P I. provides the required knowledge, skills and abilities. Preferred. _-Required: l At leas[ one year in Certificates, Licenses Registrations Required: None. Preferred: a tractor Physical Demands _ -- -- successfully .. The physical demands described here are representative of those that must be met b an employee to Typical: P Y P Y successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific j ! vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: ', Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. i Work Environment Typical. The work environment characteristics described here are representative of those an employee encounters � while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is 1, frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVED � _�Z Duane Peters Date County Judge Brazos County Job Description Last Updated: September 2014 Class Number: 1 832 FLSA Status: Approved Date: Position End Date: Title: Attendant, SEP 12 2016 09 1 Department: Exposition Complex Non Exempt Reports To Event Supervisor, Event Coordinator & All Managers - - - - - - ----- ----- - -- -_I__-.______-_ -i 10/01/2016 -- - ------ 10/01/2016 EEOC Category: ! Service/ Maintenance li Temporary 09/3012017 1 Employee i i Signature General Summary: --- - i Performs and monitors daily operational responsibilities including janitorial duties,responsibilities and maintenance of the Brazos County Exposition I Complex including setting -up, cleaning and tearing -down events. Operates light to moderate egwpment such as tractors with implements forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, Floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. j Supervision __— one year of related work experience. - j �Physic�l_ Demands Typical: 1; The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the j employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks, Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus _.. Knowledge, Skills, & Abilities - -- - --. ia --_ - ---- .. ..- _ -- --- 1 Typical: Safe custodial operation of custodial and maintenance equipment including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with cc -workers, ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. i The work environment characteristics described here are representative otmose an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. PROVED Duane Peters Date County Judge 0 Department: POS.'It Template Redsbn 1.2 Oen512012 -------- -- _— ---- — --- — Temporary Attendant Sullding & Grounds (1040 hrs.) Exposition Complex FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers Brazos County Job Description EEOC Category: Last Updated: September 2014 Position End 09/30/2017 Temporary Employee Class Number: 832 Title: 0 Department: POS.'It Template Redsbn 1.2 Oen512012 -------- -- _— ---- — --- — Temporary Attendant Sullding & Grounds (1040 hrs.) Exposition Complex FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date: i 10/01/2016 EEOC Category: Service/ Maintenance Position End 09/30/2017 Temporary Employee 2 Date: Signature: General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -dawn events. Essential Duties: - .--- - ---- - - Operat- -ee s light to moderate equipm- ent - such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the soundielectrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and Instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists 1, in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise '.. specified: Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors ! in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments andlor monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned (1 %) Supervision Received: Event Supervisor, Event Coordinator & All Managers 1, _..._...-. __.. _._.,.�I„ _._.__....... __._.. _. ...._... elle _........ _..... ...... ..... :. Given: This is a non -supervisory position. Educatio- n ... __. --- .. - Reglltred: � High school graduation or its equivalent;; or or any equivalent combination of education and experience that provides the required knowledge skills and abilities. Preferred: Experience - __ _ At least one year of related work experience. Required: 'I v p Preferred:: ; Some experience in operating a tractor and/or related equipment Is preferred. I Certificates, Licenses, 4 ystca/ Demands - .- Typical: The physical demands d-escribe--d here are representative of those- that— must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit, use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must j frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks, Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities - --- -- - -- --- Typical ': Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning '.. chemicals. Ability to follow oral and written instructions; ability to learn the proper use ofjanitonal equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability i to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. , i ne worn environment cnaractenstics aescrmea nere are represemauve w inose an employee encoumers while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment Is frequently foud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVED Duane Peters Date County Judge _ -T IVDE�7 :oZ ,D Class Number: Pay Group: FLSA Status; Approved Date: Position End Date: Brazos County Job Description Last Updated: September 2014 832 09 Title: Department: ! Exposition NECE1VED SEP 131016 Template Revision 1.2 0 15'1071 [x.15 Attendant, Building & Grounds (1040 hrs.) i Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers _. _._ ... ------ --. ; -... _ . - 10/01/2016 EEOC CategoryI Service / Maintenance v`I c1ve��f2 Temporary 09/30/2017 1 Employee Signature: General Summary: - -- ----. -_ ,Performs and monitors daily operational responsibilities including janitorial duties responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. 1, I Essential Duties: - - - -- --- Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance Floors, tables, chairs and equipment and 1, assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs ,l floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise I specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors !I in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed Including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary fur part-time and/or temporary building attendants/staff. Other Duties as assigned (1.°%) Supe vision r -- --- - - --- Received: Event Supervisor, Event Coordinator 8 All Managers I Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: I Experience 1 Required: At least one year of relatetl work experience. _ _. hysical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the i ! employee Is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must j frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment '.. and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. _--' --. __. ---.... —_ - ...__ The work environment charactenshcs tlescnhed here are representative of those an employee encounters while performing the essential functions of this lob. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. R9 Duane PON% Date County WO Vol, Brazos County Job Description Last Updated: September 2014 Class Number: 0850 Pay Group: 12 FLSA Status: I Non Exempt End Date: aI Date: 10/01/2016 09/30/2017 11 Z71 1 pDS-D\ SEP 12 2016 BY: Title: 1 Temp Clerk __._. Department Exposition Complex Reports To'Marketing & Sales Manager- Inside Events County Expo EEOC Category: Office and Clerical --...__.._--------._.. L Employee Signature: /A _/,rAit,3¢dll�r2u�ic Performs professional office administration duties and responsibilities for the Brazos County Expo. Specifically responsible for performing comprehensive bookkeeping duties and responsibilities including maintaining customer accounts, entering all required financial information into Quick Books, generating monthly reports, reconciling funds and making daily bank deposits. Responsible for maintaining animal bedding products to be sold, using a cash register and occasionally selling specific animal bedding products at equine and livestock events. Essential Duties: Preforms all bookkeeping responsibilities including maintaining customer accounts, entering all required financial information into Quick Books, generating monthly reports, reconciling funds and making daily bank deposits; Communicates effectively orally and in writing; - Works effectively in a team environment and maintains a positive attitude and working relationship with all staff; Works an irregular schedule occasionally as needed; Exercises discretion and independent judgment, with minimal supervision, as necessary in performing professional responsibilities; Must be a "people' person with an excellent personality, have the ability to multi -task in a stressful environment, have a strong work ethic, have strong organizational skills and be able to focus attention on details; Must be very experienced and proficient in Quick Books, Microsoft Word and Excel. Given: may A bachelor's degree or equivalent in a business related field is preferred Must be a "people" person with an excellent personality, have the ability to multi -task in a stressful environment, have a strong work ethic, have strong organizational skills and be able to focus attention on details. Must be very experienced and proficient in Quick Books, Microsoft Word and Excel, Preferred Experience Required: A minimum of two years of meaningful and/or advanced clerical/bookkeeping experience is preferred. Preferred. ------- - - - — ----- _...I _ Registrations Re urred: None. Preferred , Ph slca Demands Y - - T Cal: YP- _�, The physical demands described here are representative ofthose that must be mel by an employee to I successfully perform the essential functions of this job, Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the j i employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend - and kneel; and talk and hear, The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required for this lob include close vision, distance vision, and the ability to adjust focus. J — ---- Knowledge, Skills, & 1, Abilities TyplCal. 1 Standard office management practices/procedures, and bookkeeping procedures. Operate computers, including word processing and spreadsheet software; read and interpret manuals and memos; perform math to balance accounts; understand and follow instructions; operate standard office equipment, such as a copy '.. machine and a facsimile machine; type 60 wpm; communicate effectively, both orally and in writing; work i independently as necessary; set work priorities; maintain effective working relationship with cc -workers; and provide exceptional customer service to the general public. I Work Environment The work described here are representative of those an employee encounters TyPICdI j environment characteristics while performing the essential functions of this lob. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform i multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time constraints and meet deadlines. APPRQ Duane Peters Date _` County Judge Brazos County "" /o Job Description tlf"p(>*ot.'1 Last Updated: September 2014 «u7 / pos,n` Twnplma RD"M 13 MMS12012 Class Number: 1713 Title: Clk, Temp. 1040hrs Pay Group: 07 .......... Department: District Clerk FLSA Status: Non Exempt Reports To: Supervisor 8 District Clerk Approved Date: 10/01/2016 EEOC Category: Office and Clerical Position End Temporary Date: 09/30/2017 Employee Signature: -- --- - General Summary: Scans documents into the Imaging system. ...... _._.... ... .. ... ........ - Essential Duties: Scan both active and disposed paperwork and files. File documents and files after scanning. Assist the public and other employees, as needed or requested, with records search which may include microfilm search and making of copies. Assist other employees• as needed or requested, with answering telephone calls, answering questions, and directing to proper person according Ie office procedures. Perform all other duties assigned with fall within the general scope and ability level of the job. Other Duties as assigned. (1%)..-, Supervision Received: From Supervisor and Oistrlct Clerk I _ Thle Is a non-su erviso Given: P ry position. Education Required: High school graduation or its equivalent. Preferred: Experience Required: To perform this Job successfully, an Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perfdrm the essential functions. Preferred: Certificates, Licenses, Re;�istralrons Required: None. Preferred: ...... Physical Demands Typical: The physical demands described here are representative of those that must be mett-oy an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee Is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel, and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently tat and/or move objects weighing up to 20 pounds, such as books and stacks of records, Specific vision abilities required by thisjob include close vision, distance vision, and abilityto adjust focus. Knowledge, Skills, & Abilities Typical: ...... Operate computers, including spreadsheet end word processing software; read and Interpret manuals and memos; perform basic mathematical calculations; write letters, memos, and telephone messages; manage time effectively; understand and follow Instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee Is constantly required to work closely with other as a part of a team. The employee is frequently required to perform tedious and exacting work; to perform multiple tasks simultaneously; to switch from one task to another, and to work under time pressures to meet deadlines. APPROVED Duane Peters Date County Judge Vol. __o� S>L�__ rig•--�� q. ;fa�•,,-�,fryr�: Brazos County ;�o Job Description r.,'+•��� Last Updated: September 2014 Class Number: 1713 Title: Clk, Temp. 1040hrs Pay Group: 07 Department: District Clerk FLSA Status; Non Exempt Reports To: Supervisor & District Clerk Approved Date: 10101/2016 EEOC Category: Office and Clerical Position End 09/30/2017 Date: General Summary: Scans documents into the imaging system. Temporary 1 Z.o'62- Pu; .V�- Ta Plate Rrnslon L2 oe1512012 Employee Signature: 'Lz' A. q 4 .. ..__.._.. ...... .. .__-_. Essential Duties: ....._ Scan both active and disposed paperwork and files. _ File documents and files after scanning, Assist the public and other employees, as needed or requested, with records search which may include microfilm search and making of copies. Assist other employees, as needed or requested, with answering telephone cells, answering questions, and directing to proper person according to office procedures. Perform all other duties assigned with fall within the general scope and ability level of the job. ......... .... .... .... ..... ........ ...__... ... Other Duties as assigned. (1P/oj Supervision From Su .-----._. ... .. . Received: pervtsor and District Clerk .... . P ry position. ..... .. .. ...._ . Given- This is a non-supe erviso -----"'"" Education Required: High school graduation or its equivalent. ------ ... Preferred: _. .... Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. ... ... .. ' Preferred: ....... Certificates, Licenses, - ... - . _.. ...... Registrations Required: None.'"' Preferred: .._. ...... --------. Physical Demands , Typical; The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently Ii and/or move objects weighing up to 20 pounds. such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. ........ ... ... ....---- Knowledge, Skills, 8 Abilities -- Typical: :Operate computers, including spreadsheet and word processing software, read and interpret manuals and memos; perform basic mathematical calculations; write letters, memos, and telephone messages; manage fime effectively; understand and follow Instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and In writing; and maintain effective working relationships with co-workers and the general public. _Work Environment Typical:The work environment characteristics described here are representative of those en employee encounters C while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level In the work environment is usually moderate. The employee is constantly required to work closely with other as a part of a team. The employee is frequently required to perform tedious and exacting work; to perform multiple tasks simultaneously; to switch from one task to another, and to work under time pressures to meet deadlines. APPROVED Duan p 6@��� County Jtt Date Vo(. Pg, --7g Brazos County Tompare R9 t0n 1.20an5rzo12 Job Description 'r7y'� :nFtu Last Updated: September2014 Claes Number: 1713 Title: Clk, Temp. 1040hrs Pay Group: 07 Department: District Clerk FLSA Status: Non Exempt Reports To: Supervisor & District Clerk Approved Date: 1 0/0112 01 6 EEOC Category: Office and Clerical Position End Temporary Date: 09/30/2017 Employee Signature: General Summary: -- .... - -- Scans dccuments into the imaging system. ;Essential Duties: - Scan both active and disposed paperwork and flies. File documents and (Iles after scanning. Assist the public and other employees, as needed or requested, with records search which may Include microfilm search and making of copies. . Assist other employees, as needed or requested, with answering telephone calls, answering questions, and directing to proper person according to office procedures. Perform all other duties assigned with fall within the general scope and ability level of the job. Other Duties as assigned. (1%) Supervision "' - Received: From Supervisor and District Clerk Given: This is anon -supervisory position. Education '.'...__.. _... Required: High school graduation or Its equivalent. Preferred: Experience Required: To perform this Job successfully, an Individual must be able to perform each essential duty satlsfaclorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perforin the essential functions. Preferred: -. ----------- .... Certificates, Licenses, Registrations Required: None. Preferred: Physical Demands �r�i `2 A6 Typical: Knowledge, Skills, & Abilities Typical: The physical demands deacdbad here are representative of those that must be met by an employee is successfully perform the essential functions of this job. Reasonable accommodallons maybe made to enable Individuals with dsabilitles to perform the essential functions. While performing the duties of this job, the employee Is regularly required to slit use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently INt andlor move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. .. . ........... ...... ... .. ...................... Operate computers, including spreadsheet and word processing software; read and Interpret manuals and memos; perform basic mathematical calculations; write letters, memos, and telephone messages; manage time effectively; understand and follow instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and In writing; and maintain effective working. relationships with co-workers and the general public. Work Environment ... - --------._... Typical: , The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perfarm the essential functions. The noise level In the work environment is usually moderate. The employee Is constantly required to work closely with other as a part of a team. The employee is frequently required to perform tedious and exacting work; to perform multiple tasks simultaneously; to switch from one task to another, and to work under time pressures to meet deadlines. APPR Duane PetersJudge County Date E pt IK � 4"1c, Brazos County Template Redsion 7.2 08115/2012 Job Description a�M10 Last Updated: September 2016 Class Number: 113 Title I Human Resources Associate Pay Group 17 Department Human Resources FLSA Status Non Exempt 1 Reports To Human Resources Director Approved Date: 1 10/01/2016 EEOC Category: I Office and Clerical Performs a variety of advanced functions related to the operations of the Human Resources department. Provides support to cu! Human Resource issues. Oversees the operations of the Human Resources department in the Directors absence. Assists in the implementation of various Human Resource programs or projects. Oversees the entering and checking of pay. Responsible for the resolution complex Human Resource matters. Assists customers regarding Human Resource issues. Oversees new hire orientation and assists as needed. Creates purchase orders, payment authorizations, and requisitions, as needed. Responds to salary surveys. Assists in ensuring that all positions are properly classified. Maintains job descriptions and documentation of reclassification and/or departmental changes. Administers and monitors FMLA procedure. Assists in negotiating and managing insurance contracts. Assists In the administration of open enrollment. Coordinates Intemet/lntranet website additions and updates. Trains new employees. Responsible for communications to employees and retirees regarding employment laws, insurance, pay, retirement, benefits, etc. Creates and runs various reports as needed. Ensures employment practices and policies follow legal, federal and state guidelines and recommend revisions as appropriate. Assists HR Director in developing and monitoring departmental goals, performance measures, and budget. Verifies and signs Personnel Action Forms in the Directors absence. Assists with the budget process. Oversees the ordering of supplies and equipment. Assists the HR Director, as needed. Oversees the operations of the Human Resources department in the Directors absence. as Required: 'rive years or Human Resources or related experience, or any experience. rCertificates, Licenses, Registrations Required: li None. ------.- I _ Frequently works under time pressures to meet deadlines. Vol. Pg.___fS Abilities Work Environment Federal, state, and local employment laws. Standard office equipment. Basic mathematical calculations and data entry. Multi -tasks and works cooperatively with others. Good verbal and written communication skills. PC and Windows experience. Ability to make sound judgment decisions and recommendations to the betterment of Brazos County. Ability to interpret rules, laws, and procedures. Must be detail oriented and able to use discretion in making good judgment decisions. The physical demands described here are representative or inose that must be met by an employee to successfully perform the essential functions of this job_ Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. M4D Duage �@t�RS Date County Judi Brazos County Job Description Last Updated: 10/1/2016 j General Summa[Y�_-------..--------------------------._- Provides support to customers regarding Human Resource issues and is responsible for the administrative operations of the department. lssential Duties: _ _ General administrative duties as assigned. Greets and assist customers. Answers departmental phones, takes messages, and forward lines as necessary. Responsible for preparing and scanning all HR documents. Prepares new hire packets for orientation. Responsible for printing ID card for all employees. Performs Employment Verifications and submits all new hires to E -Verify. Opens and distributes forms, memos, and mail. Assists applicants with questions and filing out the applications. Receives, forwards, and maintains all applications for employment. Posts job openings on the website and in the office. Assist the HR staff with various projects and paperwork. Sets up new employees in the payroll system. Assists with entering and/or checking pay, as requested. Responsible for communication with employees regarding their insurance, prescription, or debit cards. Maintains listing of needed office supplies and periodically works with a member of the HR staff to issue a purchase order. Reviews personnel action farms and submits to the Agenda Management system. Process pre-employment screenings as necessary. APPRO 4 Other Duties as assigned. Supervision _ General instruction and periodic review from supervisor.—DuaneTeterg Received: � �8t2 County Judge Given: None. Education i Require High School graduation or its equivalent. Preferred None. Experience --._ - ----- ---- -- --- I Required: ,.�---I- --- d I Two years of clerical or office expenence or any equivalent combination of education an _experience._------------------- — Preferred: Previous HR experience and/or College Degree. Certificates, Licenses, Registrations Required: I None. Preferred: None Physical Demands i - Typical Regularly required to sit stand walk, talk and hear. May occasionally lift and/or move objects of low to moderate weight Frequently works under time pressures to meet deadlines Knowledge, Skills, & Abilities Typical: Standard office equipment. Basic mathematical calculations and data entry. Works cooperatively with others. Good verbal and written communication skills. PC and Windows experience. n;. 0161 Title ^:YF ffjj�lwt` Brazos County Template Redslan 1.208115f2m2 0 of Job Description r i Last Updated: September 2016 ar' Approved Date: Class Number 0161 Title Voter Registration Coordinator Pay Group 1 16 Department: Elections Administrator FLSA Status L Non Exempt Reports To Election Administrator Approved Date: 10/01/2016 EEOC Category: j Administrative/Clerical Manages the Voter Registration Department of the Elections Administration Office and performs a variety of data entry, organizational and office management tasks, Supervises all personnel performing transactions related to voter registration, including assigning and reviewing work, conducting performance evaluations and recommending personnel actions. Other duties may be assigned Coordinates and maintains Voter Registration Department Staff work schedules to ensure that work is completed efficiently. Coordinates Voter Registration Department staff schedules to provide reception services when needed. Files, scans and maintains various types of records required within the voter registration processes of Brazos County. Assists voter registration staff members with data entry and coordination of work flow through the department to ensure timely completion and preparation for election deadlines including; processing of voter registration application, reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Updates voter information Including name and address changes. deletion of voters no longer eligible and processes and tracks convicted felons for voting and jury wheel purposes. Trains and deputizes volunteer deputy voter registrars and tracks and documents assigned inventory. Assists Elections Administrator with preparation of computer software, elections poll lists and files for all elections held within Brazos County. Assists the public in person, by telephone and by mail concerning department information, researching records, filling out forms and resolving relevant problems. Monitors Chapter 19 budget and submission of purchase orders both within the Brazos County purchasing process and for reimbursement from the Secretary of State of Chapter 19 funds. Monitors local and state business reply funds and works with USPS on submission of funds and address updates. Other Duties as assioned. 0%) full time, part time and temporary personnel. Includes assigning and reviewing work, conducting performance reviews and recommending personnel actions. Certificates, Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: 4 VA � �� Pg. �� _ I ne physical demands described here are representallve of those that must be met by an employee to successfully perforin the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit, use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 25 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision and ability to adjust to focus. must maintain current Knowledge or the I exas Election code as it affects Voter Registration processes. Training or experience in standard office practices and procedures and effective supervisory management practices is essential. Organize and prioritize tasks to be assigned and completed; train, evaluate, and motivate employees; operate computers and standard office equipment, including word processing and spreadsheet software; read, manuals, journals, and office memos, write letters, memos, and telephone messages; performs basic mathematical calculations; reason and interpret laws, policies, and procedures; communicate effectively, both orally and in writing,; and maintain effective working relationships with co-workers, the public, local governmental entities and state agencies. I re worK environment characlenstics described nere are representative of those an employee encounters while performing the essential functions of this jab. Reasonable accommodations may be made to enable Individuals with disabilities to perforin the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perforin tedious, exacting work and to switch from one task to another. The employee is frequently required to perforin multiple tasks simultaneously, and to work under time pressures to meet deadlines. APPROVED Duane Peters ]date County Judge Template Rewslon 1.208115/2012 - - Class Number - 213 f,ti�T Brazos County Pay Group Job Description Department County Judge _. FLSA Status Last Updated: September 2016 Reports To: _ -- County Judge Template Rewslon 1.208115/2012 - - Class Number - 213 _. 1 Title - Transition Training Pay Group 17 Department County Judge _. FLSA Status Non Exempt Reports To: _ -- County Judge Approved Date -- - - 10/01/2016 -I - - EEOC Category: --.-.._ - Office and Clerical _.-- ----- -.- -- Position End Certificates, Licenses, - Temporary Date: 09/30/2017 Employee Preferred: Signature: I General Summary: ' This position works on special projects as needed. I f Essential Duties: i Other Duties as assigned. (1) Given: I This is a non -supervisory Required. Preferred: - - Experience j Required: Preferred: r-- --,- 1- -- -- -- - -- -- --- - - --— --- - - - --- -_ - ------ Certificates, Licenses, - Registrat. -- ---- -- - -.. --- - ---- -- Required: i None. I ------ Preferred: Typical: APPROVED ",) I lP Duane Peters Date County Judge Brazos County Template lnwslon 1.208/512012 Job Description Last Updated: September 2016 Class Number: 1219 : Title Pay Group: 14 1 Department: -- ----- --- .. ..... ... ...... ..... FLSA Status: Non Exempt Reports To: Approved Date: 1 10/01/2016 EEOC Category: Transition Training County Judge CountyJudge Office and Clerical i',/cel. Received: County Judge Given: 1, This is a non -supervisory position. Ed_ucaNbrT_ Required. Preferred i',/cel. Abilities PPRO Duane Peters Date County Judge pu� Class Number: Pay Group ----------------- FLSA Status: Approved Date: Brazos County Job Description Last Updated: September 2016 0561 Title__ Administrative Assistant 22 Department -_-_. _- County Attorney - _.. Exempt Reports To County Attorney 10/0112016 I EEOC Category: Office and Clerical Oversee and assist in daily clerical staff operations as needed. Template Redsion 1.208;IU2012 Essential Duties: -- _-.. _._.__ - -..---... - — - r — ----. ----- - ------- Managerial duties include overseeing the staff assisting the departments, staff evaluations and disciplinary actions. I handle all personnel action farms used for raises, demotions, employee transfers and employee terminations. Post vacant/open job positions in the newspaper and within the county for applicants. Review applications and interview clerical staff applicants for employment or interns positions. Approve or reject requests for vacation for clerical staff. Arrange for someone or myself to cover the position during their vacation or sicktime. SEE MISCELLANEOUS DUTIES. Review progress and supervise JTPA and local Blinn interns working in our criminal department. Assign work to employees that need work. Assume responsibility for the performance of the clerical staff, including all criminal section secretaries and part-time clerical staff. Purchase all equipment, furniture and office supplies for our office. Every Brazos County Attorney's Office requisition made has to be initiated by myself. I enter the vendor, receiving office, items(s), quantity, amount and approval into the computer. The computer generates a requisition number for the PO to be generated by the purchasing department. Each and every purchase has to go through. this process including Administrative and Grant purchases. Responsible for paying monthly bills and maintaining a monthly budget balance for the Administrative account of the County Attorneys Office. Responsible for all expenditures from the following accounts: office supplies, bonds, video systems money, court costs acct., conference and membership's acct., dues, miscellaneous expenditures, printing, subscriptions and publication, travel, gasoline, office equipment maintenance, etc. Prepares all proposals, gathering statistics, analyzing prior years expenses with current expenses to show correlations, for preparation of annual budget. This takes at least 4-5 weeks of preparation during a year. I handle budget proposals for both the Administration division and the hot check division of our office. Responsible for preparing and submitting payroll records. Represent the office during commissioner's court meetings and workshops (when necessary). Responsible for making sure new and current employees that getting the required training on the computer system and the NCIC/TCIC equipment. Request new and current employees be set up on our Criminal Justice System. Maintain administrative records of the office as directed by the County Attorney. Prepares correspondence to all government agencies regarding criminal cases and procedures. Order and maintain stock of blood test kits for disbursement to all agencies. Make sure all equipment is in working condition at all times. Destroy files once expunction orders are signed by the judge. Process timesheets in timekeeping system for our entire staff. Pass out checks to employees not on direct deposit. Gather information from County Human Resource department to make sure our office is updated on health insurance and retirement information. Assigned to committees within the Courthouse, for County Attorney involvement and review of different issues. - Responsible for preparing requisitions for any grants given to County Attorney's Office. Prepare all Justice of the Peace Complaints for Class C Misdemeanors when necessary for reducing a filed rase that does not contain enough evidence for prosecution. Send correspondence to attorneys and defendants notifying them of refusals or reduction fines and notify JP office of refused files that have cash bonds needing release. Book seminars and make all travel, meals and lodging arrangements for entire staff. Make travel, meals and lodging arrangements for out of town and out of state witnesses. Check on current warrants for local agencies to ensure a legal arrest when defendants are detained. Notarizing paperwork for office. Responsible for preparing Hot Check Warrants. Responsible for non -prosecution affidavits. Check all expunction motions for errors to ensure correct disposition. Notify the correct attorney of setting. Assume responsibility for all secretarial duties of the County Attorney. Send out and log all FED EX and UPS sent correspondence. Act as legal secretary for Civil Division (when necessary). MISCELLANEOUS DUTIES: In charge of maintaining the storage areas for our office. Updating State Library Records. Destroying old files. Gather outdated law books to list for auctioning. Serve as back- up to hot check department including laking restitution payments, answering telephones, answering procedural questions, preparing affidavits for entering, enter incoming checks into the computer, and back up work at the end of the day to double check data entry. Serve as back-up to receptionist by answering phones, preparing messages, Serve as back-up to Senior Secretary in the Intake Department. Amendments, preparing and filing new files, intake case reports and PC statements, jail run and preparing warrant paperwork. Serve as back-up to Bail bond forfeiture secretary duties include preparing FTA warrants for three courts. Making sure out of town bailbond operations are sent correct information about their clients. Coordinate with the Bail bond attorney what needs paperwork needs to be corrected by courts. Serve as back up to Secretary II positions. Serve as back up to Family Violence Coordinator including interview with possible Protective Order applicants, prepare and file Protective Order paperwork with Courts, and processing Mental commitment paperwork, requesting court settings for commitment hearings, and notifying hospital and attorneys of settings. Serve as back up to Victim Witness Coordinator including processing restitution requests by victims and processing of restitution payments made in misdemeanor cases handled by our office. Coordinate or perform all purchasing and maintenance duties related to supplies, materials and assets of the department. Duties as Education Required. Requires high school graduation or its equivalent or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. I I Preferred: Experience -- --—i — ----- —� I Required: I -�—At At leastfour years of responsible secretarial and/or administrative experience � f Preferred: e I enence; li least one year of supervisory ex p ry eP—__-_..__...._.._.._...--—.----_ Certificates, Licenses, Required: Notary Public successfully perform the essential functions of this job. Reasonable accommodations may be made to enable i individuals win disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel: reach with hands and arms; bend and neel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Sk ills, & Abilities Typical; Personnel practices and procedures: principles of supervisory management; standard office practices and procedures; and basic bookkeeping procedures. Supervise, train. motivate, and evaluate the performance of secretarial and clerical personnel; operate computers, including performing word processing functions; read and understand legal manuals, letters, and memos; wnte letters and memos; balance amounts; analyze data; operate office equipment, such as copy machine and facsimile machine; communicate effectively orally and in writing, both in person and over the phone; and maintain effective working relationships with co-workers. Work Environment The work environment characteristics described here are representative of those an employee encounters while perfornring the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usuall moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously. to work under time pressures to meet deadlines, and to work closely Wth others a part of a team; the employee is frequently required to do tedious, exacting work. APPROVED uane Peters Date County Judge \/01, _ Pq ------ --------- —' Class Number 838 Title Pay Group 18 Brazos County li Status Non Exempt Job Description ?" Last Updated: September 2012 or' Class Number 838 Title Pay Group 18 Department: li Status Non Exempt i Reports To: Approved Date L10/01/2016 EEOC Categ --- General Summary ----_. _ _ -- nl - ... Pnmarily responsible far coordinating events for -_ ---- — the inside facilities (Exhil assists in marketing and scheduling events as needed for the Exposition Event Coordinator I Exposition Template Revision 1.208/15/2012 & Sales Manager- Inside Events Officials and Administrators Complex. ullu,,,,o, --1, wvi wnauun junctions Tor me r.xposrion complex including serving as a primary team member in event planning, management and _ evaluation; Is responsible for assisting the Marketing & Sales Managers and the Event Coordinator II as needed In primarily marketing and sales for all inside facilities at the Exposition Complex; Is responsible for serving as a primary contact person for all assigned inside event clients including the execution of the contract through the post event evaluation meeting; Assists customers as needed on the telephone and in person with planning events to be held at the Exposition Complex, including explaining all policies, procedures, and contract requirements; Assists the Marketing & Sales Managers and the Event Coordinator II in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex facilities; Works with and supervises the full-time and part-time/temporary Facility Operations Assistants and Buildings and Grounds Attendants in coordinating set-up and tear -down activities for inside events; Distributes Complex event information to local, public and private organizations; Assists in maintaining records of all assigned inside events held at the Expo Complex facilities; Assists the Marketing & Sales Managers and Event Coordinator II in performing bookkeeping functions, Including posting fees, and deposits to accounts receivable ledger, and preparing various monthly, and semi-annual financial reports; Confers with supervisor concerning event scheduling and requirements; Exercises discretion and Independent judgment as necessary in performing professional responsibilities; Must be willing to work various hours as needed Including nights, weekends, holidays, etc.; as Received: 1 Marketing & Sales Manager - Given: Assists in supervising event personnel and I r work and recommending personnel actions. Requireci: I n oacnelor or acleflce degree in a related held; or any provides the required knowledge, skills, and abilities. Preferred: Certificates, — yuysicai uernanas aescrlaea nere are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. - --------------------- Knowledge, Skills, & ------ ---- -- — --" " Abilities Methods and radices used in event lannin coordination and management; accounting and bookkee in —I Typical: p p s. s s p' s I principles and practices; office management; and personnel policies and procedures. Operate a computer, I including word processing and spreadsheet software; read and interpret policy, manuals, and written instructions; balance accounts and prepare financial documents; communicate effectively, orally and in writing; and work effectively and cooperatively with co-workers. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. APPRO )J�4al11� Duane Peters Date County Judge Brazos County Job Description i;, 0. Last Updated: June 23, 2016 V Template Revision 1,2 0611512012 Class Number: 0839 Title: Event Coordinator 11 -Pay Group: 22 Department: Exposition Complex FLSA Status: Exempt Reports To: Marketing & Sales Managers- Inside & Outside Approved Date 10/01/2016 i EEOC Category: - ----- - -------- Officials and Administration Genera_1SummarT.__________ inside - Primarily marily responsible for executing event contracts and coordinating assigned events for all facilities (inside events and select at the I Brazos County Exposition Complex. Also, assists in marketing, sales and scheduling events as needed for the Exposition Complex. Essential Duties: Performs event coordination functions for the Exposition Complex including sewing as a primary team member in event planning, management, coordination and evaluation. Is responsible for assisting both of the Marketing & Sales Managers and the Event Coordinator I as needed in marketing and sales for all facilities at the Exposition Complex. Is responsible for serving as a primary contact person for assigned inside event clients and assigned outside event clients which includes the execution of the contract through the post event evaluation meeting; Serves as the primary Event Coordinator for all of the inside events that are larger In size and are more complex; Assists customers as needed on the telephone and in person t with planning events to be held at the Exposition Complex, including explaining all policies, procedures, and contract requirements. Assists both of i the Marketing & Sales Managers and the Event Coordinator) in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex facIlides. Serves as a trainer as needed and a mentor to the Event Coordinator 1; Works with and supervises the full time and part time/temporary Facility Operations Assistants and the Building and Grounds Attendants in planning and coordinating set-up and tear -down activities for inside events and assigned outside events. Distributes Complex event information to local, public, and private organizations. Assists in maintaining records of all events held at the Complex facilities. Assists the Marketing & Sales Managers and the Event Coordinator I in performing bookkeeping functions, including posting fees, and deposits to accounts receivable [edge, and preparing various monthly, and semi-annual financial reports. Confers with the Marketing & Sales Managers and the Event Coordinator I as necessary concerning event scheduling requirements. Exercises discretion and independent judgment as necessary In performing professional responsibilities. Must be willing to work various hours as needed Including rilghts, weekends, holidays, etc. 1 Other Duties as Supervision_ uiw - ------- ------- Received: 1 Marketing Sales Managers- Inside Events and Outside Events Gi en: I Supervises event personnel and Facility Operations Assistants, including assigning and reviewing work and 1 recommending personnel actions. Supervises the Event Coordinator I in the absence of the Marketing & Sales I Education I---- R aq U -i red A Bachelor of Science degree in a related field; or any equivalent combination of education and experiencethati provides the requited knowledge, skill and abilities. Preferred: ------------- I At leas I one year of P ro fessional ex penance i s preferred. I — ------ Required:' 0 perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations i Required None Preferred: Pg, 7z 7 J TypiCai: i The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. principles and practices; office management; and personnel policies and procedures. Operate a computer including word processing and spreadsheet software; read and interpret policy, manuals, and written Instructions; communicate effectively, orally and In writing; and work effectively and cooperatively with co- workers in a team environment. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. z7nn= Duane Peters Date County Judge 741 Class Number 851 S Brazos County 22 Job Description FLSA Status Last Updated: 05/09/2013 Reports To Approved Dater Class Number 851 Title: Pay Group 22 7 Department FLSA Status Exempt Reports To Approved Dater 10/01/2016 _. EEOC Category: Template ReNsan 1.2 08/15/2012 Marketing & Sales Manager- Outside Events Exposition Complex General Manager, Exposition Complex and Brazos Valley Fair & Exposition ------ — - ----- Officials and Admin. —^Potent.,, u. u�uuumg me ravntons and covered Arenas. Works closely with the Marketing 8 Sales Manager- inside Events to reach Potential mumics, customers on a local, regional, state and national level with a target message for each specific audience. Create and implement annual strategic Sales & Marketing Plan to grow business and increase awareness of the Expo as a premiere event facility in Texas. uevelop ano maintain toots necessary to support marketing and sales needs, including but not limited to: Manage and create content for social media profiles including Facebook, Twitter & YouTube; Design print and web ads, and other promotional materials using Adobe Creative Suite; Create and Implement annual advertising plan, meeting deadlines and distributing print advertisements to contacts with publications; Manage, -create and edit content for website including bldg posts, photos and event details; Manage and track website statistics through Google Analytics; Serve as co -project manager/lead contact with external agencies to plan and execute large projects such as brand development, marketing collateral, video production and web design; Write, edit and distribute press releases and upcoming outside event information to media contacts and online community calendars; Build and maintain relationships with media contacts In local and external markets, promoting awareness of activities and events at the Expo; Assist Marketing & Sales Manager- Inside Events with maintaining contact database; Take photographs during select outside Expo events and maintain digital photo library; Represent the Expo with booth display at local and external industry trade shows; Assist in publishing the quarterly e -newsletter, adding content and distributing to list, Assist in researching information for, creating and distributing quarterly markeling/sales reports; Research projects and plan for annual marketing budget; Assist in planning and implementing the annual economic impact analysis including the initial process of surveying attendees of select events; Periodically make live appearances to discuss upcoming Expo events at local television and radio stations; Occasionally travels to targeted out of county events to market Expo facilities to potential new Clients; Provide marketing/communication assistance for the Brazos Valley Fair staff including website, marketing collateral, social media, advertising, etc. Serves as a primary team member responsible for coordinating all sales, scheduling and event planning for the Exposition Complex ; Assists in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex facilities; Is responsible for the contract development process for all outside events; Works with the Event Coordinators in planning and coordinating set-up requirements for events; Performs bookkeeping functions, including posting fees, and deposits to accounts receivable ledger, and preparing various financial reports; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Education j Typical: Knovrledge of Adobe Creafive Suite, specifically InDesign and Photoshop; Knowledge of website content RegUlred: -----, , -- - A bachelors- degree— in marketing,— — management,_ communications, journalism, agricultural business/marketing writing, editing and proofing skills; or a closely related field. Demonstrated ability to exercise discretion and independent judgment with minimal supervision as necessary In performing responsibilities. Preferred: f Experience J _ Required: Plus a minimum of two (2) years of related marketing/communications experience is required, preferably In the ---------- event facility industry. _.._. thee. - --exp - ----erred. I Preferred: in or no of and/or In addition, experience in or verifiable knowledge of the equine andlor livestock industry is preferred. , tock I - _.._.-.. -- --- Cert�ficates L/censes I 1 Registrations Required: I None Preferred: l None. i Typical: Ability to sit for long periods of time at a personal computer performing work -r frequently stand and walk, and lift or move objects weighing up to 20 pounds. Work schedule must be flexible and may be dictated by the facility event schedule, occasionally work evenings, weekends and holidays. Occasional overnight travel may be required. Knowledge, Skills, & j Abilities j Typical: Knovrledge of Adobe Creafive Suite, specifically InDesign and Photoshop; Knowledge of website content management systems (Drupa) experience Is a plus); Knowledge of Google Analytics; Excellent business writing, editing and proofing skills; Demonstrated ability to exercise discretion and independent judgment with minimal supervision as necessary In performing responsibilities. Must have the ability to multi -task in a stressful environment, have strong organizational skills, strong attention to detail, communicate effectively orally and in writing, have a strong work ethic and positive attitude, and work in a team environment. APPROVED LbA.4Duane Peters County Judge .... --- -_-r Class Number ------ ......_. _. __ - . -'_ 852 Title 4i TE:. Pay Group t..r Brazos County Template Reti5ion 1.20911512012 ,- Job Description . 3L . Last Updated: 04/09/2013 .... --- -_-r Class Number ------ ......_. _. __ - . -'_ 852 Title Marketing & Sales Manager Inside Events Pay Group 22 Department Exposition Complex FLSA Status Exempt Reports To General Manager Exposition Complex and Brazos Valley Fair & Exposition Approved Date: 10/01/2016 EEOC Category: Officials and Admin Ballrooms. Works closely with the Marketing & Sales Manager- Outside Events to reach potential customers on a local, regional, state and national level with a target message for each specific audience. Create and implement annual strategic Sales & Marketing Plan to grow business and increase awareness of the Expo as a premiere event facility in Texas. to su000rt marketing and Manage and create content for social media profiles including Facebook, Twitter & YouTube; Design print and web ads, and other promotional materials using Adobe Creative Suite; Create and implement annual advertising plan, meeting deadlines and distributing print advertisements to contacts with publications; Manage, create and edit content for website including blog posts, photos and event details; Manage and track website statistics through Google Analytics; Serve as co -project managerllead contact with external agencies to plan and execute large projects such as brand development, marketing collateral, video production and web design; Write, edit and distribute press releases and upcoming outside event information to media contacts and online community calendars; Build and maintain relationships with media contacts in local and external markets, promoting awareness of activities and events at the Expo; Assist Marketing & Sales Manager- Outside Events with maintaining contact database; Take photographs during select outside Expo events and maintain digital photo library; Represent the Expo with booth display at local and external industry trade shows; Assist in publishing the quarterly e -newsletter, adding content and distributing to list; Assist in researching information for, creating and distributing quarterly marketinglsales reports; Research projects and plan for annual marketing budget; Assist in planning and implementing the annual economic impact analysis including the initial process of surveying attendees of select events; Periodically make live appearances to discuss upcoming Expo events atlocaltelevision and radio stations; Occasionally travels to targeted out of county events to market Expo facilities to potential new Clients; Provide marketing/communication assistance for the Brazos Valley Fair staff including website, marketing collateral, social media, advertising, etc. Serves as a primary team member responsible for coordinating all sales, scheduling and event planning for the Exposition Complex ; Assists in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex facilities; Is responsible for the contract development process for all outside events; Works with the Event Coordinators in planning and coordinating set-up requirements for events; Performs bookkeeping functions, including posting fees, and deposits to accounts receivable ledger, and preparing various financial reports; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Vol W 5�� Pct. I Other Duties as To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. _—._.—.____ ___..—_.._.—._______._.__..._.._—_______....__...____—_____.__-.._.-- Plus at least three years of related experience is preferred; Certificates, Licensees, 1 Registrations Required: -- None. i Preferrrr : None. Knowledge, Skills, & The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required for this job include Gose vision, distance vision, and the ability to adjust focus. KNOW LEGDE OF Methods and practices used In event planning; sales; management; accounting bookkeeping principles and practices; office management; and personnel policies and procedures. SKILL/ABILITY TO Operate a computer, including word processing and spreadsheet software; read and interpret policy, manuals, and written instructions; balance accounts and prepare financial documents; communicate effectively, orally and in writing; and work effectively and cooperatively with co-workers. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment Is usually moderate. The employee Is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to workAT'MVMres and meet deadlines. ------- _ --Duane Peters Date / O County Judge �i4ir1. ��r� �'�� Performs professional administrative duties and responsibilities for the Brazos County Expo and the Brazos Valley Fair & Rodeo. Specifically responsible for performing all sponsorship inarketing/sales, sponsor servicing and follow-up, assisting with marketing the Expo, assisting with comprehensive bookkeeping duties/responsibilities including assisting in maintaining customer accounts, entering required financial information into Quick Books, generating monthly reports, reconciling funds and making bank deposits. Essential Duties: Markets and sells all Expo and Fair sponsorships, services sponsors as required and follows up as necessary to insure a healthy, viable and growing sponsorship program for the Brazos County Expo Complex and the Brazos Valley Fair & Rodeo; Must have an extensive background and experience in selling advertising and/or sponsorshlps for at least one or a combination of radio, television, newspaper or an alternative media type. Some of the experience must have been in Brazos County; Must have a wide range of established and proven contacts and networking capability in the business/industry communities in Bryan/College Station; Responsible for assisting the Expo Marketing & Sales staff in marketing the Exposition Complex as needed; Responsible for the management of all aspects of the commercial exhibits/vendors for the Brazos Valley Fair & Exposition; Must assist in preforming all bookkeeping responsibilities including maintaining customer accounts, entering all required financial information into Quick Books, generating monthly reports, reconciling funds and making daily bank deposits; Must be a "people" person with an excellent personality, have the ability to multi -task in a stressful environment, have a strong work ethic, have strong organizational skills and be able to focus attention on details; Assists with other Fair administration and management requirements and projects as assigned; Communicates effectively orally and in writing; Works effectively in a team environment and maintains a positive attitude and working relationship with all staff; Works an irregular schedule occasionally,as needed; Exercises discretion and independent judgment, with minimal supervision, as necessary in performing professional responsibilities; , 1 Other Duties as assioned. (10%) I • �r'i` '^ �1/i Brazos County Template Revision 1.208„5120,2 o, 1p.,n.lii�o Job Description OF Class Number 0861 Title Sponsorship Coordinator BVFR Brazos County Expo Pay Group —� 22 Department Expo Fair Administration FLSA Status Exempt -------- ----- – Reports To: .----- -- Brazos Valley Fair & Rodeo Senior Manager _._.._ ---- — — Approved Date. 10/01/2016 _ EEOC Category: Administration Performs professional administrative duties and responsibilities for the Brazos County Expo and the Brazos Valley Fair & Rodeo. Specifically responsible for performing all sponsorship inarketing/sales, sponsor servicing and follow-up, assisting with marketing the Expo, assisting with comprehensive bookkeeping duties/responsibilities including assisting in maintaining customer accounts, entering required financial information into Quick Books, generating monthly reports, reconciling funds and making bank deposits. Essential Duties: Markets and sells all Expo and Fair sponsorships, services sponsors as required and follows up as necessary to insure a healthy, viable and growing sponsorship program for the Brazos County Expo Complex and the Brazos Valley Fair & Rodeo; Must have an extensive background and experience in selling advertising and/or sponsorshlps for at least one or a combination of radio, television, newspaper or an alternative media type. Some of the experience must have been in Brazos County; Must have a wide range of established and proven contacts and networking capability in the business/industry communities in Bryan/College Station; Responsible for assisting the Expo Marketing & Sales staff in marketing the Exposition Complex as needed; Responsible for the management of all aspects of the commercial exhibits/vendors for the Brazos Valley Fair & Exposition; Must assist in preforming all bookkeeping responsibilities including maintaining customer accounts, entering all required financial information into Quick Books, generating monthly reports, reconciling funds and making daily bank deposits; Must be a "people" person with an excellent personality, have the ability to multi -task in a stressful environment, have a strong work ethic, have strong organizational skills and be able to focus attention on details; Assists with other Fair administration and management requirements and projects as assigned; Communicates effectively orally and in writing; Works effectively in a team environment and maintains a positive attitude and working relationship with all staff; Works an irregular schedule occasionally,as needed; Exercises discretion and independent judgment, with minimal supervision, as necessary in performing professional responsibilities; , 1 Other Duties as assioned. (10%) I A bachelor's degree or equivalent in a communications/business related field is preferred. Must be a "people" person with an excellent personality, have the ability to multi -task in a stressful environment, have a strong work ethic, have strong organizational skills and be able to focus attention on details. Must have viable local business contacts and be experienced in selling advertising in Brazos County. Must be very experienced and proficient in Quick Books, Microsoft Certificates, Licenses, Registrations � Required: None. Preferred: Typical: I he pnysical demands desenbed here are representative of loose trial must oe met oy an employee to l successfully perforin the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee Is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel: and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Experience in selling advertisement and/or sponsorships, standard office management, practices/procedw and bookkeeping procedures. Operate computers, including word processing and spreadsheet software; r and interpret manuals and memos; perform math to balance accounts; understand and follow instructions; operate standard office equipment, such as a copy machine and a facsimile machine; type 60 wpm; communicate effectively, both orally and in writing; work independently as necessary; set work priorities; maintain effective working relationship with co-workers; and provide exceptional customer service to the The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time constraints and meet deadlines. APPROVED 'Duane Peters Date County Judge Class Number: Pay Group: FLSA Status: .-_.-_.__-_..--------- Approved Date: Brazos County Job Description Last Updated: September 2016 0920 N/A _ - Non Exeml 10/01/2016 This is a part time position to assi: guardianship and probated cases. 1 Title Department Reports To: EEOC Cates judges of the Coui Temelete Redsi. 1.2 091512012 Probate and Guardianship Assistant CCL#1 and CCL#2 — - - - -- - ------- -._- — — - Judges of the County Courts at Law at Law to better monitor and assist with active IVltlmlam guareiansnip database for both courts. -- ----------- '---" Send out reminders in guardianship cases and provide Report of the Person forms as needed. Assist with maintaining a Court Visitor Program or annually visit all wards. Track compliance dates in all guardianship cases. Keep track of signed orders. Send out accounting reminders. Review and audit financial information filed by Administrators and Guardians. Review Applications for Appointment of Guardian, Administratively review applications submitted for authority by personal representatives in supervised estates. Review all applications for determination of heirship. Assist judges in preparation for and monitoring outcomes of all contested matters. Assist as needed with any aspect of guardianship and probate cases. as FO I --ei - Physical Demands Typical: ------ ---- Some light lifting, sitting and driving in Brazos County and other counties in the state of Texas as needed.. ..... . -- - - --- ----------------- -- ------- Knowledge, Skills, & Abilities Typical: Good mitten and oral communication skills. Ability to work well with others. Work Environment Typical: I :: v : County Judge Vol. PQ. �D� l Class Number: 1107 \PS_uF T Brazos County 15 --- ---- Job Description FLSA Status: Last Updated: September 2016 oT Approved Date: Class Number: 1107 i Title: Pay Group --- --- 15 --- ---- Department — -- FLSA Status: 1 Non Exempt -----------:`----- ; Reports To: Approved Date: 10/01/2016 1 EEOC Category: Buyer Office and Clerical Template Re islon 12 081192012 r�oceaenn pumnaso orders ana requisitions; manages fixed asset, product, and fuel inventories; maintains up to date records of outstanding purchase orders and payments made, including reconciling accounts; manage the surplus property of the County and associated surplus auctions; and serves as liaison to other departments regarding purchase orders and with products/service satisfaction;, department(s), verifying departmental budget availability, communicating *In vendors, and preparing and distributing the purchase orders; Responds to departmental requests regarding county purchases, Including answering questions, preparing expenditure reports, and advising different departments regarding their outstanding purchase orders; Prepares slate requisitions, Including communicating with the Texas Comptrollers Office; Assist in managing fixed assets through automated database of purchases, transfers, and retirements, Including tagging Items, tacking property transfers. Manage the surplus property of the County including the transfer of property from department to department and to the surplus property room. Coordinating the annual auction of county property including writing descriptions, lotting, taking pictures and working with the auction company. Maintains and supervises physical Inventory of fixed assets including reconciliation of purchases and annual reports to County Auditor for CAFR; Manages product inventory, Including monitoring inventory levels through the computer and reordering supplies as needed. Creates reports detailing all outstanding purchase orders and payments made; Serves as liaison to accounts payable, providing up to date information on outstanding purchase orders and whether or not payment has been made; Provides departments with advice conceming equipment and service specifications, ensuring items purchased meet requirements; Ensures compliance by vendors on standing contacts; Creates forms such as purchase orders and requisitions, as needed; Maintains up to date knowledge of laws and market trends that affect purchasing and accounting; and Assists outside auditors when necessary. Assist in the distribution of incoming and outgoing materials and Information. as sign scnool graduation; or any equivale required knowledge. skills, and abilities. Skills, & The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 50 pounds, such as reports, stacks of records, equipment, furniture, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. county government purchasing and solicitation of bids; and standard office practices and procedures. Use computer applications such as spreadsheets, word processors, and databases; read, analyze, and interpret various financial data, policies, and procedures; balance accounts; maintain accurate records of purchase orders and requisitions, as well as payments made and goods or services received; compile, analyze, and evaluate bid solicitation information and sealed bids; communicate effectively, both orally and In writing; and establish and maintain effective working relationships with county employees, vendors. and the general public. I he work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable acoommodatiens may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of Nis job, the employee is censtandy required to work closely with others as part of a team, and must frequently work under time pressures to meet deadlines, perform multiple tasks simultaneously, and perform tedious and exacting work. The noise level in the work environment is usually moderate. APP D Lv Duane Peters County Judge Vol. -1 =r 1n Al� Brazos County Job Description Last Updated: September 2016 Template ReAsion 1.2 0811512012 Class Number: 1108Title: Buyer 11 Pay Group: 17 Department: Purchasing ------ -4— --- -- - ------- ----------- - -- ---- ------ - - FLSA FLSA Status: j Non Exempt Reports To: Purchasing Agent Approved Date: 10/01/2016 it EEOC Category: Office and Clerical — --------- - General Summary: I Processes purchase orders and requisitions; manages fixed asset, product, and fuel invoices; maintains up to date records of outstanding purchase orders and payments made, including reconciling amounts; and serves as liaison to other departments regarding purchase orders and with products/service satisfaction;. Essential -Duties: Assist with various tasks associated with preparing bid specifications, Including writing the specifications and terms and conditions, advertising, I preparing lists of vendors from whom bids are solicited, sending and receiving bids, evaluating bids, and making recommendations for award; Processes purchase orders, including obtaining price quotations, coordinating with the requesting departmerl verifying departmental budget li availability, communicating with vendors, and preparing and distributing the purchase orders; Responds to departmental requests regarding county 1 purchases, including answering questions, preparing expenditure reports, and advising different departments regarding their outstanding purchase orders; Prepares state contracts, Including communicating with the State Comptroller's office and/or Cooperative Purchasing office. Manages fixed assets, including tagging items, logging them into the computer, tracking property transfers, and assisting with annual auction of county property; Manages product inventory, including monitoring inventory levels through the computer and reordering supplies as needed; Manages fuel inventory, including monitoring county vehicle usage and preparing monthly and quarterly usage reports, issuing gas cards to county employees, and winning various tests; Files application for equipment and vehicle titles and license plates for county -owned equipment and vehicles; Creates reports detailing all outstanding purchase orders and payments made; Serves as liaison to accounts payable, providing up to date information on outstanding I purchase orders and whether or not payment has been made; Provides departments with advice concerning equipment and service specifications, I ensuring items purchased meet requirements; Ensures compliance by vendors on standing contracts; Creates forms such as purchase orders and requisitions, as needed; Maintains up to date knowledge of taws and market trends that affect purchasing and accounting; and Assists outside auditors when necessary. Manage the payment of construction projects and capital assets purchased. Other Duties as assigned 1 Super-Wision I--- Received: -------- -- I Purchasing Agent I Given: i This is a non -supervisory position. ----------- -------- Education -------- ---- -- ------- ------ I Required: -1`*0 hours of college course creditor High school graduate or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Prior purchasing experience. Preferred: Com—���._Pg '7 11 Physical Demands — -- Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk j and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 50 pounds such as reports, stacks of records, equipment, furniture, or other — similar objects Specific vision abilities required by this job include close vision, and ability to adjust focus. "— Knowledge, Skills, & --- —�—--- -- Abilities -Typical: Personal computers; business and government accounting principles; laws, policies, and procedures affecting county government purchasing and solicitation of bids; and standard office practices and procedures. Use computer applications such as spreadsheets, word processors, and databases; read, analyze, and interpret various financial data, policies, and procedures; balance accounts; maintain accurate records of purchase orders and requisitions, as well as payments made and goods or services received; compile, analyze, and evaluate bid solicitation information and sealed bids; communicate effectively, both orally and in writing; and j -- I establish and maintain effective working relationships with county employees, vendors, and the general public. Work Envrronment -- Typical: The work environment characteristics described here are representative of those an employeeiencounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is constantly required to work closely with others as part of a team, and must frequently work under time pressures to meet deadlines, perform multiple tasks simultaneously, and perform tedious and exacting work. The noise level in the work environment is usually moderate. '. APPROVED i lP Duane Peters Date County Judge Vol. __a Z P(A /� Brazos County Job Description Last Updated: 05/23/2016 Template ReWsion 12 0811512012 Class Number _.... 1242 Title Services Manager Pay Group 27 1 Department Information Technology FLSA Status. Exempt 1 Reports To: Chief Information Officer ---- - Approved Date: r _ - ---,- 1 10/01/2016 EEOC Category: — Professionals I General Summary: Organizes and supervises the tasks of the Services Group into a focused effort based on the needs of department heads end users, and the - _J directives of the CIO. Must possess management skills and be able to multi -task between several projects with varying priority, levels and complexities. Must have strong interpersonal skills to enable effective communication with department heads, judges, and other staff members. Able to interpret the requirements of various requests Into an efficient use of technology, human resources and available budgeted funding. , Essential Duties: j Other duties may be assigned. Manages the efforts of the Services Group including budgeting for conferences and training, timesheet approval, and holding weekly meetings to discuss the current focused workload and plan for upcoming events. Works closely with Services Group members to I ensure they have the necessary time and material to complete their tasks, including the rollout of new software and hardware, and adoption of new 1 policies and practices. Works with the CIO and Senior Network Administrator to organize and distribute the current workload, and to plan for I upcoming changes or software additions. Briefs the CIO with progress updates when needed. Manages major projects; Attends meetings and seminars when necessary; Prepares memos and status reports of ongoing projects; Maintains up-to-date knowledge of computer hardware and software, and may be on-call and some overtime and/or weekend/holiday work may be required. Plans, designs, documents, and implements capital improvements projects and assists with Capital and M&O budget preparation. j Other duties include the design, installation, and testing of copper, fiber, and wireless network extensions for services distribution and may include vendor selection and contracting for project implementation. Other Duties as assigned (1%p) -- ------_ — --^ I Supervision _ ------- r— I Received: General instruction, task assignment and priorifization, and periodic performance evaluations - ----- -- ---Give--, - ---- -- -- --- - --. ----- --- - n7 This-- This ition is responsible for the supervision of the Senior Systems Analyst, the Senior Support Specialist, S A the Senior Trainer, the License Manager, the Project Manager, the Cabling Specialist, and the Audio Video Specialist including guiding and reviewing their work, conducting periodic performance evaluations, and mentoring. Education I_ — —_ —. — —.— ._.—. _ __ Required. . _ _ ____ __ Bachelor's degree In Computer Science, or a related field plus two ears of management ex erience, or an I 9 p p y g p y Ir equivalent combination of education and experience which provides the required knowledge, skills, and abilities — i Preferred: _ _._._.__ . ____ __ .__ — .___—_______- MS mCom ut P 9 9. __– p er Science, Com uter En meenn MI5, or related field Experience �_ Required: Previous leadershi /su erviso experience; effective communication skills and the ability to interact professionallyvnth a diverse group of clients and staff; demonstrated success with administrative and i organizational skills; ability to manage and supervise teams and projects; ability to work productively in teams; experience and ability to teach or instruct others (including persons who do not have a technical background), experience prioritizing tasks and delegating responsibility. Bachelors degree in Computer Science, or a related field, or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred. i Previous experience managing a diverse group of 10 or -more -professionals for at least two years previous—� recent experience working for a government agency. Certificates Licenses - ---- - - - -- -- -- Registrations_ Required: _..—...____._ _..._......_. None required ll Preferred. Vol. _. P9 Typical: I no pnysical demons descnbea nere are representative or those that must be met by an employee to 1 successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to type; reach with hands and anus; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 40 pounds, such as computers, printers, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. i Knowledge, Skills, & Abilities Typical: To perform this Joh successfully, an individual must be able to perform each essential duty satisfactorily, The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions ------- .----- -_.._ _.—.___._ - __ __....____—.-- __.__.—.—_— -.__l I he work environment charactenstics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate, but may be noisy or distracting. The employee is required to perform multiple tasks simultaneously and to perform tedious and exacting work. The employee may be required to work closely with others as part of a team or perform required job functions remotely, to work under time pressures to meet deadlines, and to work in emergency situations. APPROVED Duane Peters Da I County Judge Brazos County Job Description Last Updated: 06/08/2016 Template ReAsIon 1,2 08/15/2012 Class Number: _.._.-.._.._ __. 1244 Title: __ __._ ---__..__ .-.._....... Communication Systems Administrator Pay Group: 26 Department: Information Technology FLSA Status Exempt Reports To Senior Network Administrator Approved Date: 10/01/2016 EEOC Category: Technical Professional IV and repair of wireless voice and data communications systems for all county departments. - rrotessional level engineering and anal l work on VHF and UHF base stations and portable and land mobile radios, 400 MHz and trunked 700 8 800 MHz radio systems, antenna systems, transmitters, E911 dispatch consoles, microwave transport networks, and internet protocol (IP) based communications systems. Professional level engineering and analytical work on 802.11 microwave and LTE cellular wireless communication systems. - Consults with and assists users with the technical aspects of radio communications operations, equipment and systems. - Administers wireless communications systems and identifies, plans and implements improvements and replacements of communications equipment and systems. - Maintains internal data systems such as Inventories and work orders through software design, development and modification as required. - Ensures the readiness and adequacy of backup wireless equipment and systems, parts inventories and contingency plans, Including provision of 24 hour service for critical public safety and utility requirements. - Maintains knowledge of current wireless communications technologies, radio spectrum provisioning, principles, practices and familiarity whh the specific applications, implementations and modifications used in the County's radio and wireless communications systems. - Ensures the County's compliance with local, state and federal regulations and requirements applicable to communications systems, including regulatory compliance with the following agencies: Federal Communications Commission, National Electrical Code, and National Electrical Safety Code. - Keeps abreast of legal changes and proposals that may affect the County's operations. - Maintains knowledge of local, wide area, state and federal communications interoperabifity plans, operations and technologies including TxWARN, FhstNet, and Brazos Valley Wide Area Communications Systems. - Acts as technical advisor and County representative by attending and participating in meetings and on committees, working with local, state and federal agencies on communications interoperability, improvements, participating in the procurement process and instructing employees on the proper use and care of the equipment. - Maintains knowledge of County purchasing, budgeting, and interlocal agreement policies. - Performs related duties as required and responds regularly and promptly to work. Other Duties as assigned. N%) and a non -supervisory CA or ess in computer science, Comp El MIS or related field or any equivalent and experience which provides the required knowledge, skills, and abilities. z-4 years systems 4-b years systems Physical Demands Typical: { The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to type; reach with hands and arms; and talk and hear. The V employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 40 pounds. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Abilities ---- - -- _. — . _ _ T ICaI: YP ----- - - --- - -- Knowledge of: Communications systems. Ability to: - Work independently on projects with minimal supervision or as part of a team as needed. Organize workload; establish priorities; and meet established deadlines. - Prepare clear, concise and complete reports, correspondence and other written materials. j - Anticipate, identify and effectively resolve various issues and problems. - Provide management with sound, positive advice and information comeming job tasks. - Comply with all County and departmental policies and procedures and meet attendance and punctuality guidelines. - Be constantly alert and aware of the hazards involved and follow the safety practices and principles in j reporting and preventing accidents. Multitask and work in an environment with frequent interruptions. j - Establish and maintain positive and cooperative working relationships with all levels of County staff and the general public. Skills: - Strong verbal and written communication skills. - Strong public contact and customer service skills. - Excellent planning, organizational, problem -solving and time -management skills. Work Envkonment I TyplCel: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made tc enable individuals with disabilities to perform the essential functions. Work is performed primarily in an office setting or well -lighted and temperature -controlled working environment. The noise level in the work environment is usually moderate, but may be noisy or distracting. The employee is required to perform multiple tasks j simultaneously and to perform tedious and exacting work. The employee may be required to work closely with others as part of a team or perform required job functions remotely, to work under time pressures to meet deadlines, and to work in emergency situations. ArrKV VED la7/i� Duane Peters Date County -Judge--- __ Brazos County wx% Job Description Last Updated: September 2016 Class Number: 1303 Title: Pay Group: 22 Department: FLSA Status Exempt Reports To Approved Date: — EEOC Category: ategory: customers, receives payments, and issues licenses Chief Deputy County Clerk County Clerk County Clerk Officials and Administrators Template RGmlon 1.2 0811 61201 2 ••....,,,.u..arunmance reviews, and recommending personnel actions; Performs duties of County Clerk in that person's absence; Maintntains curtent knoer ry ywledge of required material; Assists the public In person, by telephone, and by mall concerning department information, researching records, filling out forms, and resolving relevant problems; Assists public in conducting research; Assists public in locating records, explains various terms and documents, and refers the public to legal counsel when appropriate; Receives payments and issues licenses, permits, certificates, capias, titles, or other legal documents in accordance with departmental rules and regulations; Issues receipts for funds received for licenses, permits, certifications, bonds, fines, and restitution; Orders supplies for department as needed; Maintains timesheets for department; Attends school for information regarding vital statistics and changes of law regarding our office; Performs general clerical duties as required, including filing, scanning, indexing, and recording Information, making copies (including certified copies), and sorting and distributing mail. This Is a non -supervisory po absence of the county clerk. freuuanon or as equivalent, plus at least four years of experience; or a-ny'ec and experience which provides the required knowledge, skills, and abilities. —4--1 - w v- r, lr, rw suucessmny, an Individual must be able to perform each essential duty satisfactodT requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonabk accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: � — -- — --- - ------ -- representative o in... abl that must be met by an employee o --- successfully Perform the essential functions of this Job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include Gose vision, distance vision, -and ability to adjust focus. Knowledge, Skills, & Abilities _ _ _ _ Typical: j Standard office practices antl procedures, rules and regulations relating to responsibilities, hasic bookkeeping procedures, and supervisory management. Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate employees; read and interpret policy, manuals, and written instructions; J I perform basic mathematical calculations; prepare concise and accurate reports; communicate effectively, orally I and in writing; and work effectively and cooperatively with cc -workers. I Fie work environment cnaractensucs oescnoea nere are representative or Inose an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate. The employee is constantly required to perform multiple tasks simultaneously; to switch from one task to another, and work under time pressures to meet deadlines. The employee Is frequently required to work closely with others as a part of a team, and to perform tedious, exacting work. PPR lig Duane Peters Date County Judge Class Number: Pay Group FLSA Status: Aooroved Date: Brazos County Job Description Last Updated: September 2016 1503 Title: Lieutenant 27 Department Sheriff Jail Admin_. Exempt Reports To { Jail Administrator — 10101/2016 -- EEOC Category: ! Professionals Template Remsion 1.20811512012 ASS ISIS In overseeing operation of detention facility; supervises detention facility personnel, including assigning and reviewing work, conducting perfomlance evalumions, and recommending and executing personnel actions; oversees transportation of inmates; handles Inmate complaints; responds to personnel questions and problems; investigates public complaints regarding employee misconduct; and ensures the effective operation of detention facility. utner duties may oe assigned. Supervises detention facility personnel, including assigning and revievdng work, conducting performance evaluations, and making recommendations on and executing personnel actions such as transferring, promoting, and disciplining employees; Assists in supervising overall operation of detention facility, including ensuring that all areas of facility are safe, secure, clean, and sanitary; Oversees and assists with transporting prisoners, including consulting with courts and scheduling out of state transports, as necessary; Handles personnel problems, including investigating employee complaints; Oversees medical condition and treatment of inmates; Develops temporary and long-range contingency plans for the sectional analysis and evaluagon; Assists detention divisions with advice on situational problems; Responds to inmate ! complaints; Coordinates extra security for special assignments to monitor inmates at funerals, hospital appointments, and other activities; Investigates complaints from the public regarding employee abuse or misconduct; Reviews and approves department time sheets; Writes and revises ! jail division operations manual; Oversees processing of prisoners, including booking, criminal history checks, fingerprinting, photographing, inventorying personal property, medical screening, personal history documentation, prisoner orientation, classification, cell assignment, and issuing ! clothing and supplies; Supervises and documents activity within the jail, including recreational activities, religious activities, educational activities, work activities, telephone activity, family visitations, searches, library activities, mail activity, head counts of inmates, prisoner transportation, riots and disturbances, feeding of inmates, and dispensing of medication; Oversees processing the release of inmates, including ensuring: identification, documentation of charges and final disposition, dismissal of case or court order is followed, fines and court costs are calculated and paid, proper approval of bonds, and release of inmate to proper agency; and Implements practical applications of plans and procedures, including safety rules, ! inmate admission and release, classification and separation of prisoners, medical services, supervision of inmates, food service, sanitation, clothing and supplies, inmate discipline, recreation and exercise, education programs, and work programs. Employees in this job classification that are licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil process, and act as a peace officer of the State. I Other Duties as asslaned. (1%) Supervision Received ----- — i Given:A Supervises detention facility personnel, Including assigning and reviewing work, conducting performance evaluations and making recommendations on and executing such personnel actions as transferring, .: promoting and disciplining employees. Education ----- --- -- — —___ebbe I Required: High school graduation, plus at least five years of experience; or any equivalent combination of education and I experience which provides the required knowledge, skills, and abilities � Preferred: i _ _ . -- — -- Experience Required: o perform job successfully, an individual must be able to perform each essential duty satisfactorily. Tho 1I Bimemslisted belowprenofve the knowledge, kil,and/orability requid,Reasocomlimay ns to made enable individuals ith disabilities perform the functions. Preferred: i----------- _ls . ! i —_`_---_---------------------_-------------------_--ebbe—_ —---- Certificates, Licenses, i __ Registrations-- ! Required: Intermediate jailer certification by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Preferred: --.... ..baba .._._ __..._.__. 1 , Fig LV-------baba^ ____i Abilities Work Environment I Me physical demands described Mere are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodatiorrs may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Typical: I Jail standards and procedures; U.S. Constitution (Bill of Rights); civil and case law pertaining tojail/delention liability issues; personnel laws, practices, and procedures; supervisory management; department policies and procedures; standard office practices and procedures; first ald and medical procedures; and computers, Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; instruct others in the use of firearms and other procedures; i manage budgets; supervise work of others, recognizing problems and recommending solutions; communicate I effectively, both orally and in writing; and maintain effective working relationships with co-workers and inmates. Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate, but may be noisy and distracting. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously and to work closely with others a part of a team. The employee if frequently required to respond to emergency situations and to work under time pressures to meet deadlines. Duane peters County Judge Vol. G� t^µ0, I N•d`"M V6/ l ins t`. Brazos County Template nevape 1.208/192012 A%�k„, Job Description ,;..�0 V Last Updated: September 2016 Class Number. 1563 Title Program Re Entry Specialist Pay Group 22 Department Sheriff -Jail Admin. FLSA Status Non Exempt Reports To Lieutenant Program Division Approved Date: 10/01/2016 EEOC Category: I Service -Maintenance This position is responsible for coordinating the offender Reentry Program, and serves as the central point of referral contact between the Brazos County Sheriffs Office, the Courts and the Community of Brazos County. The incumbent duties require close coordination, collabomtion, tracking and monitoring of participants to ensure compliance with their service plan and terms of release. Responsibilities also include working closely with partner agencies to ensure program participants are engaged and supported in services that includes employment/training, housing, mentoring, and Plan and coordinate the components and services of an assigned county program including dally oversight scheduling, program development and promotion: identify, develop, implement and evaluate operational objectives to meet program goals and objectives. Establish a network of community support and cooperation by meeting with representatives of government bodies, local businesses, other groups or organizations to promote program objectives, develop new programs and solicit participation, efficiently utilizing available expertise. Draft cooperative agreements, promotional/educational and other materials to be used to forward the goals and objectives of the program. Identify, develop and Implement program components and services based on needs assessment and ongoing program evaluations; conduct research to prepare programs component outlines and methods for evaluation. Identify. Develop and present education programs and seminars; develop objectives and curriculum. Supervise program staff selection, training in proper work methods and techniques, assign and review work, conduct performance evaluation, implement discipline and conflict resolution procedures when necessary; provide training and work direction to volunteers. Conduct ongoing program participant needs assessment and program evaluation by collecting data through various means to determine the success and effectiveness of current program components. Research and develop recommendations for program expansion capabilities, in conjunction with needs assessments and program evaluations, to better achieve goals and objectives. Maintain a variety of files and records related to program activities; prepare financial, statistical and operational reports, which reflect program accomplishments. Ensure that assigned personnel perform duties and responsibilities in a safe and prudent manner, which does not expose them or others to unnecessary harm or risk of on the job injury. May prepare and recommend the programs budget, negotiate prices for goods/services, develop recommendations for space utilization and purchase of equipment and supplies; approve expenditures and monitor budget accounts. May develop and direct fund efforts, including the preparation of grant proposals, so that the program Bachelor's Degree and two years of experience, or 5 years of experience in restorative justice, victim advocacy, offender services, or related field. Experience with civic affairs, community groups, govemmental (City, State and Federal) and community agencies. Experience supporting, empowering and managing individuals. Mrisflie willing to work with jail population and must have reliable transportation. egwre : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily y requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. Licenses, Possession of a valid driver's license required a of a set of fingerprints for background purposes. may Demands Typical: I The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of thisjob, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and anus; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 25 pounds, Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Commission on Jail Standards; supervisory management and Sheriffs Office policies and procedures. Knowledge of how to read and interpret criminal history reports. Knowledge of gang affiliations. Should also understand budget management; standard office practices and procedures; first aid and medical procedures; and computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; perform basic mathematical calculations; supervise work of others, recognize problems and recommend solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and inmates. Most also be able to operate machinery, maintain equipment and operate a van pulling a trailer. Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job the employee is constantly required to work closely with others as part of a team. The employee is, frequently required to respond to emergency situations and to perform multiple tasks simultaneously. APPROVED Duane Peters Date County Judge Brazos County Template Revision 1.2 08/1512 01 2 Job Description Last Updated: September 2016 Class Number 1568 -lj -_.. Title: Quartermaster—Detention Officer Pay Group:_16 - Department: _ --- Sheriff -Jail Admin. FLSA Status --- Non Exempt Reports To --._. — Lieutenant Program Division Approved Date. 10/01/2016 ---. ------- EEOC Category: .—---- --. Protective Service Workers mesponslme tor Inventory of all tacllity and department tixed assets to include but r facility keys, radio equipment, life safety equipment, inmate supplies, and vehicles. Maintenance or designated equipment to ensure It is in good working order and provides instruction on its proper use and maintenance; Maintain an inventory list of all assets; Ensure equipment is in good working condition; Issue equipment and documents the condition upon return; Coordinate repair or replacement of damaged equipment; Provide instruction on the proper use and maintenance of equipment; Communicate relevant information to the Services Lieutenant; Read and understand policies, procedures, and post orders; Obtain quotes, place orders, receive, inventory and store deliveries of jail supplies; Clean storage areas on a regular basis or as needed; Obtain quotes, place orders, receive, inventory, and store janitorial supplies; Assist in the issuing, acceptance of returns and ordering of officer uniforms; Maintain an inventory and implement repair or replacement of office furniture; Coordinate installation and removal of TV's for the Detention Center as needed; Establish and maintain necessary supply usage procedures to ensure the efficient utilization of available assets; Coordinates and directs the collection of salvage or abandoned property, unserviceable supplies and equipment and the disposition of such items through proper procedures; Attend morning shift briefings on week days; Maintain documentation of facility damage and coordinate repairs; Maintain proper working condition of all life safety equipment as safety officer, Key Control System Administrator; Door Access System Administrator; Researches and makes recommendations for the purchase of new supplies and equipment; Participate in emergency situations and supervise dorm inmates in the event of an emergency; Assist with security operations as needed; Ensure that all paper work is completed and routed prior to the oncoming shift change and ensure that your work area Is neat and orderly. as Preferred: Preferred: rugn scnool graduation plus at least one year of experience as a Detention Officer; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. ru PerluRn:m05 (db SUXeaarully, an Individual must be able to pertorm each essential duty satisfacloril) requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. basic cemncabon as a jailer from the Texas Commission on Law Enforcem Education (TCLEOSE); and a valid Texas motor vehicle operator's license. Vol -e&_9 pe", )0 and IN IAF j Typical: ( I he physical demands described here are representative of [nose that must be met by an employee to , successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and anus; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and i occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by j this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus: Commission on Jail Standards; supervisory management; department policies and procedures; standard office practices and procedures; first aid and medical procedures; and' computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; perform basic mathematical calculations; supervise work of others, recognizing problems and recommending solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and inmates. l ne wom environment cnaractensucs aescnoea here are representative or those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals With disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job the employee is constantly required to work closely with others a part of a team. The employee is frequently required to respond to emergency situations and to perform multiple tasks simultaneously. ' APPRO Duane Peters Date County Judge Templale Rwsicn 1.208/15'2012 Class Number: J 2675 Title: Resource Specialist I Heavy Fleet Brazos County _1 17 Department Job Description FLSA Status Last Updated: September 2016 Templale Rwsicn 1.208/15'2012 Class Number: J 2675 Title: Resource Specialist I Heavy Fleet Pay Group _1 17 Department Road & Bridge Shop, Heavy Fleet FLSA Status Non Exempt Reports To Fleet Manager Approved Date 10/01/2016 EEOC Category Administrative Support General Summa I Performs general resource support or basic accounting -related activities. Work Includes basic accounlinglbookkeeping,budget support, purchasing, data entry in support of accounts payable, travel expenses, basic contract review and preparation and processing and other related activities. Work is generally performed in or in support of the department's primary administrative unit. Work requires contact with other County departments and county contractorsivendors. Employees at this level follow standard practices that do not require frequent supervision of details. Essential Duties" -------. - -- -- - - - -- - -I Processes or audit - s various vouchers, invoices or contracted services prepares written correspondence, reports maintains files logs, activity books, tables, coding manuals, or automated databases with accounting processes and activities; Coordinates the approval and submission of purchase orders for parts, tires, bulk oil, and the sublet repairs of Fleet vehicles; Maintains a database of County Fleet Maintenance Department expenditures; Maintains purchase orders, invoices, and other documents related to departmental expenditures; Reconciles purchase orders with vendor invoices and payments; Assists County Fleet Manager with monitoring of the departmental budget; Schedule regular maintenance and repairs of vehicles with other county department% Maintains an inventory of vehicles, equipment, bulk tires; Maintains data parts, oil and on annual vehicle maintenance service schedule; Co-ordinates sublet repairs with outside vendors; Generates monthly reports on the computer; Issues work orders for regular maintenance and repairs of county vehicles; Types letters, reports, forms, memos, and other documents; Answers telephone, including answering questions and taking messages; Sorts and distributes departmental mall; Manage time keeping system for employees payroll; Assists with Icommunication with Commissioner's Court, Purchasing, Auditors Office, Budget Office and other departments as requested. Other Duties as assigned. (1----— r $IIpBNlSIOn _ -- Received" From Fleet Manager Given: This Is a lead worker position Ability to lead other office staff with little or no supervision However, may assign and review work of part-time staff. Education �— Required: I Bachelor's Degree in accounting, business administration, management ora financially related field plus one (1) year experience in accounting, bookkeeping, payroll processing, auditing, purchasing, contract processing, statistics or other accounting related areas. Additional experience in accounting, bookkeeping, payroll processing, auditing, purchasing, contract processing, statistics or other accounting related areas may be — — — substituted for education on a year per year basis. Preferred-_) ---- ---- - -- -- Experience - � RegW red. 1'o perform this job successfully, an individual must be able to perform each essential duty satisfactonly. The -,. requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: I ----- lcenses Ret at ons g — g�g --- - - Required Req 1- -- --- - - - - i None -- -- - - Preferred i _ I ___ Physical Demands -- -- -- -- ------ ' - --- - Typical: ------- -- - — - - - -- --- iThe physical demands described here are representative of those That must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific -- vision abilities required by this job include close vision, distance vision and ability to adjust focus. Voi. Pg /,2- Abilities Typical:Thorough knowledge of generally accepted accounting principles, procedures and terminology; thorough knowledge of bookkeeping practices and procedures; considerable knowledge of applicable mainframe systems and applications; considerable knowledge of purchasing methods and procedures; working knowledge of contract management policies and procedures; proficient skill in maintaining effective working relationships with others; proficient skills in preparing and maintaining records, files and reports; proficient skill in the responsibilities associated with administrative practices and procedures to include writing, editing, and report writing techniques, recording meeting notes, record keeping and record management. Maintain Texas driver's license applicable to job responsibilities. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is frequently required to work closely with others as a part of a team, to perform tedious and exacting work, to perform multiple tasks simultaneously, to switch from one task to another, and to work under time pressures to meet deadlines. APPROVED a�ll� Duane Peters Date County Judge 1 li Brazos County Template ReNsbn 1.20&15!2012 Job Description F, IN Last Updated: 5124116 Class Number 2676 Title. Mechanic, Heavy Fleet Pay Group: 17 Department: Road & Bridge Shop, Heavy Fleet FLSA Status ---- _ __L_ _.._.. _ Non Exempt Reports To _ _ --- -- - - Fleet Manager Approved Date 10/01/2016 1 EEOC Category: ---- Skilled Craft Workers - --- - -- reventadve and corrective maintenance on county s ve cooling, and fuel systems, drive trains, and body work. Essential Duties: — _ _ --- --.__ ._..__.... - -1e I Perform wrrec6ve maintenance on county's vehicles and equipment including pertortning engine rebulltls and repairs of hydraulic, electrical, cooling, and fuel systems, drive trains and some minor body work; Performs scheduled maintenance on vehicles and equipment, Including tune-ups, I oil and filter changes, grease jobs, battery checks, tire and lubrication checks, and other preventative maintenance; Diagnoses engine and mechanical problems and performs needed repairs on vehicles and equipment; Repairs drive trains, and performs other repairs including engine I overhauls, transmission rebuilds, and clutch replacements; repairs and maintains vehicle air conditioning units and cooling systems, including radiators, compressors, water pumps, thermostats, and belts; Troubleshoots and repairs vehicles ignition and electrical systems, including wiring, solenoid relays, alternators; Repairs and maintains braking systems, including master cylinders, rotors, brake pads, and drums; Repairs and 1 maintains vehicle fuel systems, including fuel pumps, fuel fillers, fuel lines, and fuel gauges; Performs vehicle alignments, suspension repairs, tire repair and balancing; Cleans and maintains tools, diagnostic equipment, and county garage in an orderly manner; Fills out and processes work orders; and Drives vehicles to licensed station for state inspection. Some knowledge of OBDII and ABS diagnoses and diagnostic equipment. Some knowledge of A/C recovery and charge equipment. Other Duties as assigned (1 Supernslon __ _ Received. Fleet manager - --- _ _. j Given: -I I This is non -supervisory position.--� I Education T Required: � High school graduation or its equivalent, plus at least five years of experience or any equivalent combination of I education and experience that provides the required knowledge skills, and abilities. Preferred: i Experience --- ------ ---- Required: ----11- ._.----------------- To perform this joh successfully, an individual must he able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions I Preferred: I —I Certificates, Licenses, I Registrations - - Required: I Class C Driver's License. _------ — - - - - - -I Preferred: ----_-------------- I ne pnysical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as tools and equipment. Specific vision abilities required by this job include .close.visionand .ability -to adjust focus. _._, Vol. _. S� 02 Pg,_ Abilities Methods, practices, equipment, and materials used on the service and repair of automotive mechanics; safe -- operation and repair of automotive, light, and heavy equipment, including brake, hydraulic, and electrical systems. Diagnose problems and repair vehicles and equipment; repair hydraulic systems, gasoline and diesel engines, and heavy equipment; read wiring diagrams and electrical circuits; operate diagnostic equipment; understand and follow instructions; tolerate adverse working conditions; communicate effectively both orally and in writing; work effectively with co-workers; and maintain Texas driver's license applicable to Job responsibilities. I he work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level In the work environment is frequently loud. The employee is constantly required to perform tedious and exacting work. The employee is frequently required to perform multiple tasks simultaneously, to switch from one task to another, and to work under time pressures to meet deadlines. Some repairs require being in the elements of the outdoors. APPRO °l1a�11 � Duane Peters Da County Judge V, Brazos County 0 Job Description Last Updated: 5/24/16 Template Revision 1.2081152012 Class Number: 2680 Title- Lead Mechanic, Heavy Fleet Pay Group: 23 Department, Road & Bridge Shop, Heavy Fleet - us Reports To: Manager ---------- l4o- Exempt 1Fleet _F_L�A_Sta A -D-2, Approve to: 10/01/2016 EEOC Category: Skilled Craft Worker ----------- --- - ----- General Summa ----------- - -- -------- ------ Diagnoses and repairs to specifications/performs preventive and corrective maintenance on county's vehicles and equipment, including performing engine rebuilds, brake and hydraulic, exhaust, primary and/or advanced fuel ignition and electrical, suspension and alignment, air conditioning, cooling and computer systems; drive trains and body work. Essential Duties: Ofirml; dutiesmaybe-ass-igrie d-, Performs w-mectiv-6 Marton maintenance oncounty'sun-ty'-s-vehicles and -equipment, in cludi n- g,, -performing repairs of hydrau1jc electrical, cooling, and fuel systems, drive trains and body work; Performs scheduled maintenance on vehicles and equipment, including tune-ups, oil and flier changes, grease jobs, battery checks, tire and lubrication checks, and other preventive maintenance, Diagnoses engine mechanical problems and performs needed repairs on vehicles and equipment; Repairs drive trains, and performs other repairs including engine overhauls, transmission rebuilds, and clutch replacements; Repairs and maintains vehicle air conditioning units and cooling systems, including radiators, compressors, water pumps, thermostats, and belts; Troubleshoots and repairs vehicles ignition and electrical systems, including wiring, solenoid relays, and aftemators; Repairs and maintains braking systems, including master cylinders, rotors, brake pads, and drums; Repairs and maintains vehicle fuel systems, including fuel pumps, fuel filters, fuel lines, and fuel gauges; Performs vehicle alignments, suspension repairs, and fire balancing; Assist other technicians in performing technical activities; Explains technical diagnoses and needed repairs to non-mechanicatindividuals which may include other teammates and arealroad supervisors as required; Continuously learns new technical nonnallon and techniques in formal I training session in order to stay abreast with rapidly changing automotive technology; Keeps county management aware of mechanical repair I problems as they occur; Maintains an organized service department. Cleans and maintains tools, diagnostic equipment and county garage in an orderly manner, Fills out and processes work orders; and Drives vehicles to a licensed station for state inspection; Able to do light body work along with welding and fabrication: Have knowledge to the installation of police roll bars, cages, radical, electronics and lights. I LO t h er Duties as assigned 1 %) F�Supervision i Received: Fleet Manager Given: I This is a non -supervisory position, however position will function as a lead worker who will run daily shop I functions during absence of Shop Foreman. -- --------------- --- - Required: High school graduation or its equivalent and/or equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: 1 ---------- _E�xperience 1 Min. 5 years of automotive mechanical diagnosis, problem solving and repair experience. To perform this job I successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations maybe made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates Licenses, Regis-tra—tions- ------- Required: ASE certifications, strong teadersinip skills and a co-worker focused attitude to go along with a high level of motivation and energy. Class C Driver's License Preferred: ----- ------- - ----- Physical Demands__ 7 Typjcal The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds such as tools and equipment. Specific vision ------ ._____..__.. .._._.-.._-_... abilities required by this job include close vision and ability to adjust focus ..... __. . .. _ _._.._. . .._._...._..- _._...__.._. .._...__.__. ------ .. _...._........_I Knowledge, Skills, & Abilities Typical: Ability to communicate solutions to other; Methods, practices, equipment, and materials used on the service and repair of automotive mechanics; safe operation and repair of automotive, light and heavy equipment, including brake, hydraulic, and electrical systems. Diagnose problems and repair vehicles and equipment; repair hydraulic systems, gasoline and diesel engines, and heavy equipment; read wiring diagrams and elecldcal circuits; operate diagnostic equipment; understand and follow instructions; tolerate adverse working conditions; communicate effectively both orally and in writing; work effectively with co-workers; and maintain I Texas driver's license applicable to job responsibilities. ------- .-..�... Work Environment _ Typical The work environment characteristics described here are representative of those an employee encounters while performing eh essential functions of this job. Reasonable accommodations may be made to enable in with disabilities to perform the essential functions The noise level in the work environment is frequently loud. The is employee constantly required to perform tedious and exacting work, The employee Is '. frequently required to perform multiple tasks simultaneously, to switch from one task to another, and to work under time pressures to meet deadlines. APPROVED Duane Peters Date County Judge u'ol pg. /�� Class Number 2681 Title: Pay Group: --.17 Department FLSA Status: Non Exempt Reports To Approved Date: 10/01/2016 EEOC Category: Parts Manager Heavy Fleet Road & Br - -- Fleet Manaaer Skilled Craft Workers Template Revision 1.2 0611512012 Essential Dutles: Assists with the assessment of materials parts, and supply needs for county vehicles and equipment Orders materials, parts and office supplies i 1➢ „�t��C Brazos County Job Description and supplies; Assists with the preparation of vehicle and equipment work orders; Issues county vehicle and equipment keys; Issues hand tools; Issue Last Updated: September 2016 I I�I dither Dutles as assigned (1%) Supervision Class Number 2681 Title: Pay Group: --.17 Department FLSA Status: Non Exempt Reports To Approved Date: 10/01/2016 EEOC Category: Parts Manager Heavy Fleet Road & Br - -- Fleet Manaaer Skilled Craft Workers Template Revision 1.2 0611512012 Essential Dutles: Assists with the assessment of materials parts, and supply needs for county vehicles and equipment Orders materials, parts and office supplies needed for the maintenance and repair of county vehicles and equipment; Prepares and submits purchase orders; Makes telephone calls to vendors j to order materials, parts, and supplies; Drives to vendor's establishment to procure ordered materials, parts, and supplies; Shelves materials, parts, and supplies; Assists with the preparation of vehicle and equipment work orders; Issues county vehicle and equipment keys; Issues hand tools; Issue j Road crew supplies and Answers telephone, takes messages, and routes calls as appropriate. I I I�I dither Dutles as assigned (1%) Supervision Received: I -_.----- -- --------_ _ Fleet Manager _ __._ ...... .... ........._._. GlVen: i._ _ __._.....__._... __ _____ __________ I This Is a non -supervisory position ___- ---- Education - Required:High -- -- -- - - school graduation or Its equivalent, or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred; - --- - __ Experience ------------- ----------------- ------------ --- - ---- -------- - - - Requ Ired: A n I At least one year of experience. To perform this job successfully, aan Individual must be able to perform each - =- -- _ I essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, andfor j ! ability, required. Reasonable accommodations may be made to enable individuals with disabilities to perform Lthe essential functions. IPreferred I - Certificates, Licenses, Registrations I Required I Class d Driver's License. ...�.-- Preferred.I ---.__--- -------------- _--___-- ._.__...... --_-_ .. _-------I --- Physical Demands Typical: j The physical demands described here are representative of those that must be met by an employee to j successfully perform the essential functions of this Job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the j employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as tools and equipment. Specific vision abilities required 1 by this job include close vision and ability to adjust focus. Skills, & Abilities ',. Typical: Standard purchasing policies and procedures; basic automotive equipment and mechanics; and standard office practices and procedures. Read automotive and equipment manuals; perform basic bookkeeping; keep accurate records; apply safety standards to prevent hazards; understand and follow instructions; communicate effectively both orally and in writing; work effectively and cooperatively with co-workers; and maintain Texas driver's license applicable to job responsibilities. I he work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team. The employee is frequently required to perform multiple tasks simultaneously, switch from one task to another, and to work under time pressures to meet deadlines. PPRO J Duane Peters Date County Judge a,! tyur. 2692 I Title: Brazos County Template Revision 12 0811 51201 2 Pay Group: Job Description P j Department: Last U Updated: FLSA Status: = Non Exempt Class Number: 2692 I Title: Parts -Fleet Pay Group: 16 j Department: Fleet,Services FLSA Status: = Non Exempt Reports To: I Fleet Manager — Approved Date: -- 10/01/2016 — — EEOC Category. -- --- — - - ( Skilled Craft Workers ; urgers, procures, ana sic with an inventory system. up Essential Duties: Assists with the assessment of materials, parts, and supply needs for County vehicles and equipment; Orders materials, parts, and office supplies needed for the maintenance and repair of county vehicles and equipment; Prepares and submits purchase orders; Keep up and maintain a parts inventory system using parts inventory software on a PC; Makes telephone calls to vendors to order materials, parts, and supplies; Drives to vendor's establishment to procure ordered materials, parts, and supplies; Shelves materials, parts, and supplies; Assists with the preparation of vehicle and equipment work orders; Issues hand tools; Work with Purchasing to order equipment to be installed in County vehicles: Help out In shop when time is idle. Answers telephone, takes messages, and routes calls as appropriate. as Required: High school graduation or its equivalent; or any equivalent combination of education and experience provides the required knowledge, skills, and abilities. Experience Requ_ fred_: !-At least one year of erpedence. To perform this job successfully, an individual must be able to perform each . I essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or -" ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: I -- — -- — — -- j Cert-__ ificates Licenses -- -------------------- R_ egistrations Required: Preferred: Gass c Driver's License. -------"--- - I i ne pnysicat canneries aescnoea nere are representative of those that must be met by an employee to successfully perforin the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds sometime up stars, such as tools and equipment. Specific vision abilities required by this job Include close vision and ability to adjust focus. Vol � Zoz . pg. / I Knowledge, Skills, & — —---- ------`--- — — i Abilities Typical: Standard purchasing policies and procedures; basic automotive equipment and mechanics; and standard office j practices and procedures. Read automotive and equipment manuals; perform basic bookkeeping; keep accurate records; apply safety standards to prevent hazards; understand and follow instructions; communicate effectively both orally and in writing; work effectively and cooperatively with co-workers; and maintain Texas driver's license applicable to job responsibilities. Work Environment--- Typioal: I The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this jab. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team. The employee is frequently required to perform multiple tasks simultaneously, switch from one task to another, and to work I under time pressures to meet deadlines. ' APP �la7Jic� Duane Peters D8 County Judge aril` a Pig I Template Recision 1.208/1512012 Class Number 2811 i Title: Detention Counselor Brazos County 20 DepartmerM Job Description -N ♦�::a�. r 7 F Last Updated: September 2012 Template Recision 1.208/1512012 Class Number 2811 i Title: Detention Counselor Pay Group 20 DepartmerM Juvenile Services FLSA Status Exempt Reports To Deputy Director Approved Date 10/01/2016 EEOC Category: I Professional General Summary: - —-- — - — - -- —-— -------- This position provides substance abuse and counseling services to youth under the jurisdiction of the court. Conducts all appropriate -services and -i programs within the substance -related services program Including Individual and group counseling services, life skills groups, and client orientation and intake. I Essential Duties: --- nfi--- ---- -- ----- .—_.---------- ------- -------------- Assists In plamm�g, coortlinating, and Implementing programs to meet the substance abuse needs of yputh under the jurisdiction of the court and Juvenile probation department. Assists with and conducts staff training and development. Assists in developing and implementing new programs. Develops and assures treatment is in compliance with department, state, professional, and national standards. Actively participates in weekly staff meetings Providina recommendations for counseling services Develops and assures treatment is In compliance with department state professional and national standards. Identifies Juvenile needs that cannot be addressed in-house and makes appropriate referral recommendations. Coordinates with fhe other service Providers medical services transportation services etc as directed by staff, supervises interns regarding ongoing assignments and duties. Provides court testimony as directed. Provides 24- hour emergency crisis intervention for the detention center. Responds to emergency situations on a 24_ -hour on -Call basis, subject to irregular work hours. Follows all established policies, procedures, and practices of the department. Abides by the Texas Juvenile Justice Department's Code of Ethics. Maintains security and confidentiality of all case information, files, and chronological notes as required by the Texas Family Code, Federal Confidentiality laws, and Brazos County Juveniles Services Department's Policies and Procedures. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the :_emolover_and.reauirements of.the.iob_chanae._Dther..dufies.mav_be assioned._.______— Other Duties as assigned. (1 %) ---- —----------------------------------------------------------- Supervision I Received: Deputy Dteclor -- --- - - - Given I Not applicable Experience -� 1 Required:! To perform this job successfully, an individual must be ablate perform each essential dutysatisfactorily. The requiremehta'listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of I age or older. __ ._.—_..—.---.— _.—_-....—_..._..--._ _ -- — Preferred: i Experience with clients in the criminal justice system is desirable Bllinoual Spanish sneaker preferred I I _ certificates, Licenses, - -- ----- ..-- — ---- .— — Registrations Required: i Valid Texas driver's license with appropriate liability auto Insurance coverage (Drivers license requirements must be met within 30 days if employee recently moved from another stale). Licensed to practice in Texas by the appropriate licensing board, or eligible to receive license within 1 Year of employment Must maintain applicable licensure/certification. pg. ��- Work vuueb ieyuoc uairy sranomg, vrdming, ming, taimng ano nsmnmg; rrequent use or nan cis andror ringers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 50 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception, and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. concepts, principles, and theories of human behavior related to justice -involved youth. Basic knowledge of alcohol and drug abuse and its physiological and social effects. Knowledge of drug counseling theories and interventions. Basic knowledge of community resources, assessments, interventions, and referral sources. Possess excellent verbal and written communication skills. Be able to write relevant documentation accurately. Computer, management, supervisory, and organizational skills. Ability to establish rapport with dients and family members. Possess well-developed interpersonal skills and ability to deal effectively with the public, other employees, and elected officials. Ability to complete assignments within tight deadlines. The noise level in the work environment Is usually moderate. While performing the essential duties of this job the employee Is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazards and infections from exposure to communicable diseases; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. APPROVED ��27114� Duane Peters Data County Judge Vol. Brazos County Job Description F� �;.•,x�„w Last Updated: 08/18/2016 oe Class Number: 5001 j Title: Pay Group: N/A i Department: FLSA Status Exempt Repo rts To: Approved Date:10/01/2016 ; EEOC Categ Template Revsiw 1.20&1512012 Brazos County Veteran Services Officer Veteran Services County Judge Office and Clerical The Veteran Services Officer assists veterans and their dependents with applications for compensation, pensions, hospitalization and other benefits through an intake process that includes information and referral services. The Veteran Services Officer works with the Department of the Veterans Affairs and other nationally chartered veterans service organizations to ensure that veterans, their dependents and survivors receive their richly deserved entitlements. • Informs veterans, dependents, and survivors of their eligibility for benefits payable through the Department of Veterans Affairs. • Assists in obtaining addresses for benefits payable through Social Security Administration or other government agencies. • Completes forms for benefits that may be payable through the Department of Veterans Affairs. • Obtains supporting documents for claims by veterans, their spouses and dependents. • Files appeal against the Department of Veterans Affairs in favor of the Veteran, widow/widower, and family members. • Assist Veterans and family members in obtaining funds and grants for education. • Assist Veterans in obtaining home and land loans through the Department of Veterans Affairs and the Texas Land board. • Completes forms and notifies the appropriate branch of service of the death of a retiree or a disable veteran who is receiving compensation from the Veterans Administration. • Assist the family of deceased Veterans in making final resting preparations for the falling Veteran. • Assist the family members with burying the veteran's body at a National cemetery. • Informs survivors of procedures regarding military benefits. • May make presentations to veteran and community groups. • Assist Homeless Veterans in finding shelter and food. • Assist in finding financial assistance for Veterans in need of funds for personal survival (i.e. food, electricity, gas, and other survival needs). • Assist all Veterans in locating jobs within the community. • Present an annual Veteran's Benefits Fair for the Veterans in Brazos County and surrounding counties. • Assist surrounding County Veteran Services Officers that are in need of information for their veterans. • Work closely with the Texas Veterans Commission in obtaining assistance for all veterans, widow/widowers, and family members. • Assist in developing a Veteran's Court in Brazos County. • Maintains case management records and appropriate documents. • Assist the local law enforcement agencies in back ground investigations for new candidates. • Assist veterans that incarcerated with their benefits. • Assist on the Brazos Valley Council of Governments. • Assist on the Brazos County Veterans Memorial. under general supervision with moderate latitude for the use ndent iudament. I Education ..--------------- ---------� Required: Graduation from an accredited four-year high school and at least two years of college. Preferred: Prefer at least four years of college. Experience----------------------------- .------------------ (-- e -- - - :- - -- --- - ----- --- - - - --- - ----- ----- -- - Required: Experience in interviewing, records management, communicating with the local j community orgarnzations and veteran organizations_ Experience and education may be Preferred: -A--pplicants must be a veteran who served on active duty for a period of more than 180 — days and was discharged or released with other than a dishonorable discharge; OR a - — - -- --- --- -- Certificates, Licenses, IRegistrations----------__---..._..--------------------------------- --------------- ----- Required: Texas State Class C Drivers Licenses Class. Yearly County Veteran County Services _ Officer Certification and Accreditation_— _ -- - -- - Preferred: Same as required section. --- - --- --- - - --- ---------------- - - ----- j Physics! Demands Typical: Needs to be able to work long hours and travel. Knowledge of the English language sufficient to compose correspondence, summarize information and write case narratives. Ability to establish and maintain effective public contacts; to demonstrate sensitivity towards persons whose behavior, attitudes, and/or cultural background are different from one's own; to treat customers with courtesy and respect; to identify the needs, strengths, In and out of the office. Will spend numerous hours in the field. And needs to be able to very flexible when dealing with all veterans APPROVED '�Lf�7" Duane Peters Date County Judge Class Number 7142 Title � } Brazos County Template Revi51on1.200/15f2012 \"5of Job Description ;.;'•.xhG/" Last Updated: September 2016 or LApproved Date: 10/01/2016 Class Number 7142 Title Horticulturist l _1 Pay Groupi 19 Department Extension Agency FLSA Status Non Exempt Reports To County Coordinator, Commissioners Court LApproved Date: 10/01/2016 EEOC Category Professionals General Summary: Responsible for providing outcome based educational programming in the area Horticulture based on local stakeholder input. Provides leadership for an effective educational program that supports the commercial nursery and landscape industry, residential horticulture, water quality and conservation and outcome -based programs that supports identified issues in Brazos county. Responsible for planning, implementing, and evaluating an effective outcome -based program that supports identified issues in Brazos County; responsible for effectively reporting, marketing, and interpreting results of programming efforts. Develops and works with stakeholder -based committees that provide direction for Extension programs supporting horticulture. Works with schools and community-based organizations to effectively link Extension and horticulture to the community strong customer service & technical pesticide applicator's license areas lifting up to 20 pounds, working long ethic and willingness to work with all audiences; ability to I he work environment characteristics described here are representative of those an employee encounter! while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals Win disabilities to perform the essential functions. APPROVED J a�llc, Duane Peters Date County Judge Brazos County Job Description Last Updated: September 2016 Template ReNsion 1.2 08/1512012 Class Number 8105 —_. Title: Scanner Pay Group FLSA Status. 10 Department: Records Management Reports To:— Records Manager Approved Date: 110/01/2016 _j j EEOC Category: 1 Office and Clerical i General Summary: -- --� Convert hard copy documents into electronic images via a scan process including all peripheral support and obligations. � Essential Duties: --- -- • Prepare and scan hard copy documents. • Audit and track production. • Complete special projects as assigned to facilitate the management of county records. • Move boxes from 35 to 50 pounds. • Fully experienced in computer applications. • Other duties as assigned. Under direct supervision, this position is responsible for accurately scanning a high volume of pages to convert printed material into digital images. Responsible for transferring of paper records to an electronic version. i ! Prepares the paper records for scanning by removing all staples, paperclips, and non scanable items. i ! Operates the electronic scanning equipment to produce computerized images of the original. Set scanner parameters as identified for each job to ensure accurate handling per client specifications. ! • Audit completed process for accuracy. • Document production activity as required. • Responsible for the timeliness, completeness, consistency, accuracy, and security of the documents. • Will maintain the confidentiality of each client by adhering to all State and Federal confidentiality laws as well as protect the confidentiality of client information in, accordance with company policies and legal requirements. • Communicate with direct report and team members to insure accuracy and completeness of all responsibilities. Assist other team members with document preparation and all other duties as assigned by supervisor. • Train internal clients on scanner usage. i -- Special projects to facilitate the management of county records. — -- — —� I Supervision Received From Records Management Director Given: i iN/A _—_—— Education _ _ _ _ gh School diploma or GED ------- I� Preferred. li i _.-._....._----------------- ' Certificates, Licenses, • Ability to move around, sit for up to eight hours, and perform repetitive motion as required by job needs. • Ability to lift and carry 35 to 50 pounds. • Indoor climate controlled. • Professional atmosphere requiring corresponding attire and attitude. • Occasional activity in non -climate controlled warehouse/storage environment containing levels of dust and possible allergens. F-0�-_--- PI2 °l�7llc� Duane Peters Date County Judge 13 09 B1ueCross BlueShield of Texas ADMINISTRATIVE SERVICES AGREEMENT The Effective Date of this Agreement is january 1, 2017 For Employer Group Number(s): As specified on the most current ASO BPA (as defined below). Account Number: 080950 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year specified below. BLUE CROSS AND BLUE SHIELD OF TEXAS, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company Divisional Senior Vice President Date: Effective Date of Coverage noted above HCSC TX Gen ASA Med Rev. 8.16 BRAZOS COUNTY --Dwane CO It h� 9fa-7� PekrS JL&q'e- 1 Lf Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, An Independent Licensee of the Blue Cross and Blue Shield Association i�aGLl�g /3i TABLE OF CONTENTS ADMINISTRATIVE SERVICES AGREEMENT..........................................................................................................1 SECTION 1: DEFINITIONS, EXHIBITS AND ADDENDA.........................................................................................3 SECTION 2: APPOINTMENT AND SERVICES........................................................................................................3 SECTION 3: RESPONSIBILITIES OF EMPLOYER AND CLAIM ADMINISTRATOR..............................................3 SECTION 4: THIRD PARTY DATA RELEASE.........................................................................................................5 SECTION 5: CLAIMS!INQUIRIES ..............................................................................................................................6 SECTION 6: INDEMNIFICATION..............................................................................................................................7 SECTION7: AUDIT RIGHTS...................................................................................................................................7 SECTION 8: TERM AND TERMINATION OF AGREEMENT...................................................................................8 SECTION 9: RELATIONSHIP OF PARTIES............................................................................................................8 SECTION10: ERISA..................................................................................................................................................9 SECTION 11: PROPRIETARY MATERIALS............................................................................................................9 SECTION 12: ELECTRONIC DOCUMENTS..........................................................................................................10 SECTION13: RECORDS........................................................................................................................................10 SECTION 14: APPLICABLE LAW...........................................................................................................................10 SECTION 15: ENTIRE AGREEMENT.....................................................................................................................10 SECTION 16: NOTICE AND SATISFACTION........................................................................................................11 SECTION 17: LIMITATIONS; LIMITATION OF LIABILITY.....................................................................................11 SECTION 18: DISPUTE RESOLUTION/ARBITRATION........................................................................................11 SECTION19: NOTICES, ..................... ............ ...................................................................................................... 12 SECTION 20: SEVERABILITY; ENFORCEMENT; FORCE MAJEURE.................................................................12 SECTION 21: INDUSTRY IMPROVEMENT, RESEARCH AND SAFETY.............................................................12 SECTION 22: THIRD PARTY RECOVERY VENDORS AND OUTSIDE ATTORNEYS........................................13 SECTION 23: NOTICE OF ANNUAL MEETING.....................................................................................................13 SECTION24: DEFINITIONS, .............. ..................... . ......................................... ................................................. 13 EXHIBIT 1 CLAIM ADMINISTRATOR SERVICES................................................................................................19 EXHIBIT 2 FEE SCHEDULE, FINANCIAL RESPONSIBILITIES & REQUIRED DISCLOSURES .........................22 SECTION1: FEE SCHEDULE................................................................................................................................22 SECTION 2: EXHIBIT DEFINITIONS......................................................................................................................22 SECTION 3: COMPENSATION TO CLAIM ADMINISTRATOR.............................................................................23 SECTION 4: CLAIM PAYMENTS............................................................................................................................24 SECTION 5: EMPLOYER PAYMENT.....................................................................................................................24 SECTION 6: CLAIM SETTLEMENTS.....................................................................................................................24 SECTION 7: LATE PAYMENTS AND REMEDIES.................................................................................................25 SECTION 8: FINANCIAL OBLIGATIONS UPON AGREEMENT TERMINATION..................................................25 SECTION 9: REQUIRED DISCLOSURE PROVISIONS.........................................................................................26 SECTION 10: PAYMENT OF CLAIMS AND ASSIGNMENT OF BENEFITS.........................................................26 SECTION 11: COVERED PERSON/PROVIDER RELATIONSHIP........................................................................27 SECTION 12: LIMITED BENEFITS FOR NON -NETWORK PROVIDERS............................................................27 SECTION 13: CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL ARRANGEMENTS WITH PRESCRIPTION DRUGPROVIDERS .................................................................................................................................................27 SECTION 14: CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL ARRANGEMENTS WITH PHARMACY BENEFITMANAGERS.............................................................................................................................................28 SECTION 15: INTER -PLAN ARRANGEMENTS.....................................................................................................29 SECTION 16: MEDICARE SECONDARY PAYER INFORMATION REPORTING................................................35 SECTION 17: REIMBURSEMENT PROVISION.....................................................................................................36 SECTION 18: -MEMBER DATA SHARING.......................::...........................::........................................................36 EXHIBIT 3 RECOVERY LITIGATION AUTHORIZATION.......................................................................................38 EXHIBIT 4 ASO BENEFIT PROGRAM APPLICATION ("ASO BPA")..................................................................4C HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or discfosure outside Cfaim Administrator, Employer, their respective affiliated companies and third party representatives, except_with waitten.permission-af-Claim Administrator. This Agreement made as of the Effective Date specified on page one (1) of this Agreement, by and between Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company ("Claim Administrator"), and Employer specified on page one (1) of this Agreement ("Employer'), for Employer Group Number(s) set forth on page one (1) of this Agreement, WITNESSETH AS FOLLOWS: RECITALS WHEREAS, Employer on behalf of the Plan (as defined below) has executed an ASO Benefit Program Application ("ASO BPA") and Claim Administrator has accepted such ASO BPA attached hereto as Exhibit 4, with such ASO BPA and this Agreement collectively referred to hereinafter as the "Agreement", unless specified otherwise; and WHEREAS, Employer has established and adopted the Plan; and WHEREAS, Employer on behalf of the Plan desires to retain Claim Administrator to provide certain administrative services with respect to the Plan; and WHEREAS, it is desirable to set forth more fully the obligations, duties, rights and liabilities of Claim Administrator and Employer, as sponsor of the Plan, with respect to the Plan; NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the parties hereby agree as follows: SECTION 1: DEFINITIONS, EXHIBITS AND ADDENDA Capitalized terms used in this Agreement shall have the meanings set forth in Section 24, unless otherwise provided in the Agreement. All Exhibits and addenda attached to this Agreement are hereby incorporated by reference as if set out in full. SECTION 2: APPOINTMENT AND SERVICES 2.1 Appointment. Employer hereby retains and appoints Claim Administrator to provide Services as hereinafter defined in connection with the administration of the Plan. 2.2 Administrative Services. Claim Administrator will perform the Services set forth in Exhibit 1. Claim Administrator, at its sole discretion, may contract with other entities for performance of any of the Services; provided, however, claim Administrator shall remain fully responsible and liable for performance of any such Services to be performed by Claim Administrator but delegated to other entities. Further, any of the Services may be performed by Claim Administrator, or any of its subsidiaries (including any successor corporation, whether by merger, consolidation, or reorganization), without prior written approval by Employer. Any reference in this Agreement to Claim Administrator shall include its directors, officers and employees as well as the directors, officers and employees of any of its subsidiaries and Claim Administrator shall be responsible and liable for all performance of Services or failure to perform the Services by such subsidiaries. SECTION 3: RESPONSIBILITIES OF EMPLOYER AND CLAIM ADMINISTRATOR 3.1 Employer responsibility. Employer retains full and final authority and responsibility for the Plan and its operation. Claim Administrator is empowered to act on behalf of Employer in connection with the Plan only as expressly stated in this Agreement or as otherwise mutually agreed to in writing by the parties hereto. 3.2 Claim Administrator responsibility. Claim Administrator shall have no responsibility for or liability with respect to the compliance or non—compliance of the Plan with any applicable federal, state and local rules, laws and regulations; and Employer shall have the sole responsibility for and shall bear the entire cost of compliance with all federal, state and local rules, laws and regulations, including, but not limited to, any licensing, filing, reporting, modification requirements and disclosure requirements as may apply to the Plan, and all costs, expenses and fees relating thereto, including, but not limited to, local, state or federal taxes, penalties, Surcharges or other fees or amounts regardless of whether payable directly by Employer or by or through Claim Administrator. Claim Administrator shall have the responsibility for and bear the cost of compliance with any federal, state or local laws as may apply to Claim Administrators performance of its Services except as otherwise provided in this Agreement. HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. Vol Ptd�� 3.3 Litigation. Employer shall, to the extent practical, advise Claim Administrator of any legal actions against it or the other party that specifically or directly concern (a) the terms of or administration of the Plan, or (b) the obligations of either party under the Plan and this Agreement. Employer shall undertake the defense of such action and be responsible for the costs of defense; provided, however, that Claim Administrator shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Claim Administrator. It is further agreed that each party (provided no conflicts of interest exist) shall cooperate with the other party's defense of any action arising out of or related to the Services. For purposes of this Section 3.3, Claim Administrator's "cooperation" includes, but is not limited to, providing reasonable levels of documentation and affidavits, when necessary, but only to the extent (i) Employer is entitled to such information under this Agreement, (ii) Employer would be entitled to the information in litigation, including but not limited to information directly relevant to such action, (iii) such information is not otherwise subject to restrictions on disclosures, including but not limited to privilege or contractual restrictions, and (iv) such documentation is within Claim Administrator's possession in the ordinary course of business. Some defense support, such as from an external reviewer, may require an additional fee. 3.4 Claim overpayments. Employer acknowledges that unintentional administrative errors may occur. When Claim Administrator becomes aware of a Claim overpayment, Claim Administrator will attempt to recover any such payment according to Claim Administrator's recovery policies and procedures. Claim Administrator, however, will not be required to enter into litigation to obtain a recovery, unless specifically provided for elsewhere in this Agreement, nor will Claim Administrator be required to reimburse the Plan, except for gross negligence or intentional acts by Claim Administrator which caused the overpayment. 3.5 Required Plan information. Employer shall furnish on a Timely basis to Claim Administrator certain information concerning the Plan and Covered Persons as may from time to time be required by Claim Administrator for the performance of its duties including, but not limited to, the following: a. All documents by which the Plan is established and any amendments or changes to the Plan. b. All data as may be required by Claim Administrator regarding Covered Persons who are to be covered under this Agreement. It is Employer's obligation to Timely notify Claim Administrator of any change in a Covered Person's status under this Agreement. All such notifications by Employer to Claim Administrator (including, but not limited to, forms and tapes) must be furnished in a format mutually agreed to by the parties and must include all information reasonably required by Claim Administrator to effect such changes. It is also Employer's obligation to obtain from Covered Persons any consent(s) necessary for Claim Administrator to use the Covered Persons' contact information, including but not limited to phone numbers used for auto -dialing. Employer is responsible for ensuring that the terms of its health benefit plan are consistent with the terms of this Agreement. 3.6 Grandfathered Health Plans. Employer shall provide Claim Administrator with written notice prior to renewal (and during the plan year, at least 60 days advance written notice) of any changes that would cause any benefit package of its Plan(s) to lose its status as a "grandfathered health plan" under the Affordable Care Act and applicable regulations. Any such changes (or failure to provide timely notice thereof) can result in retroactive and/or prospective changes by Claim Administrator to the terms and conditions of administrative services. In no event shall Claim Administrator be responsible for any legal, tax or other ramifications related to any plan's grandfathered health plan status or any representation regarding any Plan's past, present and future grandfathered status. The grandfathered health plan form ("Form"), if any, shall be incorporated by reference into and become part of this and Agreement, and Employer represents and warrants that such Form is true, complete and accurate. 3.7 Retiree Only Plans, Excepted Benefits and/or Self -Insured Nonfederal Governmental Plans. If Claim Administrator provides Services -for any retiree only plans, excepted benefits -and/or self-insured nonfederal governmental plans (with an exemption election), then Employer represents and warrants that one or more such plans is not subject to some or all of the provisions of Part A (Individual and Group Market Reforms) of Title XXVII of the Public Health Service Act (and/or related provisions in the Internal Revenue Code and Employee Retirement Income Security Act) (an "exempt plan status'). Any determination that a Plan does not have exempt plan status can result in retroactive and/or prospective changes by Claim Administrator to the terms and conditions of administrative services. In no event shall Claim Administrator be responsible for any HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with.writtempermission-of Claim Admini;tratoc legal, tax or other ramifications related to any plan's exempt plan status or any representation regarding any plan's exempt plan status. 3.8 Plan eligibility errors. Clerical errors in keeping or reporting data relative to benefits described in this Agreement will not invalidate coverage that would otherwise be validly in force or continue coverage which would otherwise validly terminate. Such errors will be corrected by Claim Administrator subject to the terms and conditions of this Agreement and Claim Administrator's reasonable administrative practices in the administration of the Plan including, but not limited to, those related to Timely notification of a change in a Covered Person's status. Employer is liable for any benefits paid for a terminated Covered Person until Employer has notified Claim Administrator of such Covered Person's termination. 3.9 Summary of Benefits and Coverage ("SBC"). Unless otherwise provided in the applicable ASO BPA, Employer acknowledges and agrees that Employer will be responsible for the creation and distribution of the SBC as required by Section 2715 of the Public Health Service Act (42 USC 30ogg-15) and SBC regulations (45 CFR 147.200), as supplemented and amended from time to time, and that in no event will Claim Administrator have any responsibility or obligation with respect to the SBC and Claim Administrator will not be obligated to respond to orfcrward misrouted calls, but may, at its option, provide participants and beneficiaries with Employer's contact information. 3.10 Massachusetts Health Care Reform Act. The Massachusetts Health Care Reform Act requires certain employers to provide, or contract with another entity to provide, a written statement to individuals residing in Massachusetts who had "creditable coverage" at any time during the prior calendar year through Employer's Plan(s) and to file a separate electronic report to the Massachusetts Department of Revenue verifying information in the individual written statements. If elected on the applicable ASO BPA, Claim Administrator will provide such written statements and electronic reporting, based on information provided to Claim Administrator by Employer and coverage under the Plan(s) during the term of this Agreement. Employer hereby certifies that, to the best of its knowledge, such coverage under the Plan(s) is "creditable coverage" in accordance with the Massachusetts Health Care Reform Act. Employer acknowledges that Claim Administrator is not responsible for verifying nor ensuring compliance with any tax and/or legal requirements related to this Service. Employer or its Covered Persons should seek advice from their legal or tax advisors as necessary. If not elected on the applicable ASO BPA, Employer acknowledges it will provide written statements and electronic reporting to the Massachusetts Department of Revenue as required by the Massachusetts Health Care Reform Act. 3.11 Use and disclosure of Protected Health Information. The parties acknowledge and agree that they have entered into a Business Associate Agreement in accordance with HIPAA. The terms and conditions of the Business Associate Agreement shall govern the use and disclosure of Protected Health Information by the parties, except as otherwise provided In this Agreement. 3.12 Electronic exchange of information. In the event Employer and Claim Administrator exchange various data and information electronically, Employer agrees to transfer on a Timely basis all required data to Claim Administrator via secure electronic transmission on the intranet and/or internet or otherwise, in a format mutually agreed to by the parties. Further, Employer is responsible for maintaining any enrollment applications and change forms completed by Covered Persons and to allow Claim Administrator reasonable access to this information as needed for administrative purposes. Employer authorizes Claim Administrator to submit reports, data and other information to Employer in the electronic format mutually agreed to by the parties. In the event Employer is unable or unwilling to transfer data in the electronic format mutually agreed to by the parties, Claim Administrator is under no obligation to receive or transmit data in any other format unless required by law to do so. In the event garbled or intercepted transmissions occur, the parties agree to redirect the information via another mutually agreeable means. SECTION 4: THIRD PARTY DATA RELEASE 4.1 Types of data. In the event Employer directs Claim Administrator to provide data directly to its third party consultant and/or vendor (the "Employer's Vendor"), and Claim Administrator agrees in its sole discretion, then Employer acknowledges and agrees, and will cause Employer's Vendor to acknowledge and agree: HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Emp�Ryer,,theicrespective affiliated companies and third party representatives, except with written permiss on of ClaimAd Ini tor. a. That the requested documents, records and other! nformation (for purposes of this Section 4, "Confidential Information") are proprietary and confidential in nature and that the release of the Confidential Information may reveal Claim Administrator's Business Confidential Information. b. To maintain the confidentiality of the Confidential Information and any Business Confidential Information (for purposes of this Section 4, collectively, "Information") and to prevent unauthorized use or disclosure by Employer's Vendors) or unauthorized third parties, including those of its employees not directly involved in the performance of duties under its contract with Employer, to the same extent that it protects its own confidential information. c. To maintain the Information at a specific location under its control and take reasonable steps to safeguard the Information. d. To use, and require its employees to use, at least the same degree of care to protect the Information as is used with its own proprietary and confidential information. e. To not duplicate the Information furnished in written, pictorial, magnetic and/or other tangible form except as necessary to fulfill the purposes of this Agreement or as required by law. f. To return or destroy the Information at the direction of Claim Administrator or within a reasonable time after the termination of this Agreement, not to exceed 60 days thereafter. 4.2 Third party obligations. Employer's Vendor(s) shall execute Claim Administrator's then -current data exchange agreement as required by Claim Administrator. 4.3 Employerobligations. Employershall: a. Provide Claim Administrator in writing the names of any Employer's Vendors) with whom Claim Administrator is authorized to release, disclose or exchange data. If Employer's Vendors) is under contract to perform services that involve the use, access or disclosure of Protected Health Information as defined by HIPAA, the identity of Employer Vendor(s) shall be documented within the Business Associate Agreement between Claim Administrator and Employer. b. Provide Claim Administrator in writing, the appropriate authorization and specific directions with respect to the release, disclosure or exchange of data with Employer's Vendor(s) identified under 4.3.a. If Employer's Vendor(s) perform services that involve the use, access or disclosure of Protected Health Information as defined by HIPAA, the information required in this Section will be documented in the Business Associate Agreement between Claim Administrator and Employer. c. Indemnify, defend (at Claim Administrator's request) and hold harmless Claim Administrator and its employees, officers, directors and agents against any and all losses, liabilities, damages, penalties and expenses, including attorneys' fees and costs, or other cost or obligation resulting from or arising out of claims, lawsuits, demands, settlements or judgments brought against Claim Administrator In connection with any claim based upon Claim Administrator's directed disclosure, including but not limited to disclosure of Protected Health Information, to the designated Employer Vendor(s), if consistent with Employer's directions, of any information and/or documentation or breach by Employer's Vendors) of any obligation described in this Agreement. SECTION 5: CLAIMS/INQUIRIES 5.1 Claim Administrator's responsibilities, As provided in this Agreement, Claim Administrator will receive eligibility information, review and process properly filed Claims, respond to Covered Person's inquiries and conduct Claim reviews and appeals; however, Claim Administrator does not have final authority to determine Covered Persons' eligibility or to establish or construe the terms and conditions of the Plan. 5.2 Claim appeals. After exhaustion of all internal claim review remedies offered by Claim Administrator, a Covered Person may appeal all adverse benefit determinations to Employer. Claim Administrator will cooperate in providing Claim information pursuant to Section 3 above. 5.3 Internal Claim Administrator reviews. Or occasion Claim Administrator may deny all or part of submitted Claims. Upon request of the Covered Person or the Covered Person's authorized representative, Claim Administrator will provide a review of any adverse determination of a Claim, or any adverse determination of pre -service Claim when the Covered Person would have an adverse financial impact forfailing to pre -authorize the service. Certain Claims, pre -service requests for review, or inquiries where there Is a question as to HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. FolPg_ eligibility, rescission or clarity of Employer's Plan language will be referred to Employer for review and final determination. Covered Persons who choose to appeal adverse determinations with Employer after exhaustion of all remedies offered by Claim Administrator will also be referred to Employer. In addition, Claim Administrator may provide other types of reviews related to the Plan. 5.4 External Review Coordination. Claim Administrator may coordinate, and Employer shall pay for, extemal reviews by Independent Review Organizations ("IROs") as described in Exhibit 1 and/or the most current ASO BPA, but in no event shall IROs be considered subcontractors of Claim Administrator under this Agreement. SECTION 6: INDEMNIFICATION 6.1 The parties acknowledge and agree that (a) Claim Administrator does not insure or underwrite the liability of Employer under the Plan and has no responsibility for designing the terms of the Plan or the benefits to be provided thereunder, and (b) Employer retains the ultimate responsibility for claims under or related to the Plan and all expenses incident to the Plan, except as specifically undertaken in this Agreement by Claim Administrator. 6.2 Claim Administrator indemnifies Employer. Claim Administrator hereby agrees to indemnify and hold harmless Employer and its directors, officers and employees against any and all loss, liability, damages, penalties and expenses, including reasonable attorneys' fees, or other cost or obligation resulting from or arising out of claims, lawsuits, demands, settlements or judgments with respect to this Agreement resulting from or arising out of any acts or omissions of Claim Administrator or its directors, officers or employees (other than acts or omissions of Claim Administrator done at Employer's direction) which have been adjudged to be (i) grossly negligent, dishonest, fraudulent or criminal or (ii) in material breach of the terms of this Agreement. 6.3 Employer indemnifies Claim Administrator. Employer agrees to indemnify and hold harmless Claim Administrator and its directors, officers and employees against any and all loss, liability, damages, fines, penalties, taxes and expenses, including attorneys' fees and costs, or other cost or obligation resulting from or arising out of claims, lawsuits, demands, governmental inquiries or actions, settlements or judgments brought or asserted against Claim Administrator in connection with the design or administration of the Plan, including but not limited to (a) the Plan's grandfathered health plan status, if applicable, (b) the Plan's exempt plan status, if applicable, (c) any provision of inaccurate information to Claim Administrator, and (d) selection of Employer's Essential Health Benefits benchmark for the purpose of ACA; unless the liability therefor was the direct consequence of the acts or omissions of Claim Administrator or its directors, officers or employees (other than acts or omissions of Claim Administrator done at Employer's direction) and the acts or omissions are adjudged to be (1) grossly negligent, dishonest, fraudulent or criminal or (ii) in material breach of the terms of this Agreement. SECTION 7: AUDIT RIGHTS 7.1 Employer audits Claim Administrator. During the term of this Agreement and within one hundred eighty (180) days after its termination, Employer or an authorized agent of Employer (subject to Claim Administrator's reasonable approval) may, upon at least ninety (90) days prior written notice to Claim Administrator, conduct reasonable audits of records related to Claim Payments and to verify that Claim Administrator's administration of the covered health care benefits is performed according to the terms of this Agreement. The audit must be free of bias, influence or conflict of interest. Contingency fee based audits are deemed to have an inherent conflict of interest and will not be supported by Claim Administrator. Audit samples will be limited to no more than three hundred (300) Claims. If a pattern of errors is identified in an audit sample, Claim Administrator shall also identify Claims with the same errors and will reprocess such identified.Claims.in accordance with Claim Administrator policies and procedures. Notwithstanding anything in this Agreement to the contrary, in no event will Claim Administrator be obligated to reprocess Claims or reimburse Employer for alleged errors based upon audit sample extrapolation methodologies or inferred errors in a population of Claim Payments. Employer will be responsible for all costs associated with the audit. Employer will reimburse Claim Administrator for any reasonable personnel time in excess of eighty (80) person -hours required to support audits conducted during the term of this Agreement. Employer will reimburse Claim Administrator for all reasonable expenditures necessary to support audits conducted after termination of this Agreement. All such audits shall be subject to Claim Administrator's then current external audit policy and procedures, a copy of HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Cfaim Administrator, Employer, their respective affiliated companies and third party representatives, except with written -permission of Claim -Administrator. � which shall be furnished to Employer upon request to Claim Administrator. The audit period will be limited to the current Agreement year and the immediately preceding Agreement year. No more than one (1) audit shall be conducted during a twelve (12) consecutive -month period, except as required by state or federal government agency or regulation. Employer and such agent that have access to the information and files maintained by Claim Administrator will agree not to disclose any proprietary information, and to hold harmless and indemnify Claim Administrator in writing of any liability from disclosure of such information by executing an Audit Agreement with Claim Administrator that sets forth the terms and conditions of the audit. Claim Administrator has the right to implement reasonable administrative practices in the administration of Claims. 7.2 Claim Administrator audits Employer. During the term of this Agreement and within one hundred eighty (180) days after its termination, Claim Administrator may, upon at least thirty (30) days prior written notice to Employer, conduct reasonable audits of Employer's membership records with respect to eligibility. SECTION 8: TERM AND TERMINATION OF AGREEMENT 8.1 Term. This Agreement will continue in full force and effect from the effective date and continue from year to year unless terminated as provided herein. 6.2 Termination. This Agreement may be terminated as follows: a. By either party at the end of any month after the end of the Fee Schedule Period indicated in the Fee Schedule specifications of the most current ASO BPA with ninety (90) days prior written notice to the other party; or b. By both parties on any date mutually agreed to in writing; or c. By either party, in the event of conduct by the other party constituting fraud, misrepresentation of material fact or material breach of the terms of this Agreement, upon written notice as provided under Section 16 below; or d. By Claim Administrator, upon Employer's failure to pay Timely all amounts due under this Agreement including, but not limited to, all amounts pursuant to and in accordance with the specifications of the Fee Schedule of the most current ASO BPA. 8.3 Notice of termination to Covered Employees. If this Agreement is terminated pursuant to this Section 8, Employer agrees to notify all Covered Employees. The parties agree that Employer will give such notice because Employer maintains direct and ongoing communication with, and maintains current addresses for, all such Covered Employees, SECTION 9: RELATIONSHIP OF PARTIES 9.1 Regarding the parties. Claim Administrator is an independent contractor with respect to Employer. Neither party shall be construed, represented or held to be an agent, partner, associate, joint venturer nor employee of the other. Further, nothing in this Agreement shall create or be construed to create the relationship of employer and employee between Claim Administrator and Employer; nor shall Employer's agents, officers or employees be considered or construed to be employees of Claim Administrator for any purpose whatsoever. 9.2 Regarding non—parties. It is understood and agreed that nothing contained in this Agreement shall confer or be construed to confer any benefit on persons who are not parties to this Agreement including, but not limited to, employees of Employer and their dependents. 9.3 Exclusivity. Employer agrees not to perform or engage any other party to perform the same services as Claim Administrator's Services while this Agreement is in effect, unless Employer gives notice of termination pursuant to the terms of this Agreement. 9.4 Assignment. Except as otherwise permitted by Section 2 of this Agreement, no part of this Agreement, or any rights, duties or obligations described herein, shall be assigned or delegated without the prior express written consent of both parties. Any such attempted assignment in the absence of the prior written consent of the parties shall be null and void. Claim Administrators contractual arrangements for the acquisition and use of facilities, services, supplies, equipment and personnel shall not constitute an assignment or delegation under this Agreement. HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim_ Administrator. l Vol / z/ SECTION 10: ERISA 10.1 In relation to the Plan. Employer hereby acknowledges (i) that an employee welfare benefit plan must be established and maintained through a separate plan document, and (ii) an employee welfare benefit plan document may provide for the allocation and delegation of responsibilities thereunder. However, notwithstanding anything contained in the Plan or any other employee welfare benefit plan document of Employer, Employer agrees that no allocation or delegation of any fiduciary or non—fiduciary responsibilities under the Plan or any other employee welfare benefit plan of Employer is effective with respect to or accepted by Claim Administrator. 10.21n relation to the Plan Administrator/Named Fiduciary(ies). Claim Administrator is not the plan administrator of Employer's employee welfare benefit plan as defined under ERISA. It is understood and agreed that (i) Employer has a named Plan Administrator and a Named Fiduciary within the meaning of § 414(g) of the Internal Revenue Code of 1986, as amended; (ii) said Plan Administrator serves within the meaning of § 3(16)(A) of ERISA; and (iii) Claim Administrator is not a fiduciary of Employer, the Plan Administrator or of the Plan. 10.31n relation to Claim Administrator's responsibilities. Claim Administrator's responsibilities hereunder are intended to be limited to those of a contract claims administrator rendering advice to and administering claims on behalf of the plan administrator of Employer's Plan. As such, Claim Administrator is intended to be a service provider but not a fiduciary with respect to Employer's ERISA employee welfare benefit plan. Employer represents that its ERISA employee welfare benefit plan contains the plan procedure described above regarding the designation of responsibilities under a plan and, accordingly, Claim Administrator may, pursuant to Sections 402(c)(2) and 405(c)(1)(B) of ERISA, render advice with respect to claims and administer claims on behalf of the plan administrator of Employer's ERISA welfare benefit plan. Claim Administrator has no other authority or responsibility with respect to Employer's ERISA employee welfare benefit plan. SECTION 11: PROPRIETARY MATERIALS 11.1 Types of materials as maybe used by the parties. The parties acknowledge that Claim Administrator has developed acquired or owns certain Business Confidential Information. "Business Confidential Information" includes, but is not limited to, intellectual property, trade secrets, inventions, applications, tools, methodologies, software, operating manuals, technology, technical documentation, techniques, product or services specifications or strategies, operational plans and methods, automated claims processing systems, payment systems, membership systems, privacy and security measures, cost or pricing information (including but not limited to provider discounts and rates), business plans and strategies, company financial planning and financial data, prospect and customer lists, contracts, vendor and supplier lists and information, symbols, trademarks, service marks, designs, copyrights, know-how, data, databases, processes, plans, procedures, and any other information that reasonably should be understood to be confidential, whether developed or acquired before or afterthe Effective Date of this Agreement. "Business Confidential Information" also includes modifications, enhancements, derivatives and improvements of the Business Confidential Information described in the preceding sentence. Employer shall not use or disclose to any third party Business Confidential Information without prior written consent of Claim Administrator. Neither party shall use the name, symbols, copyrights, trademarks or service marks ("Proprietary Marks") of the other party or the other party's respective clients in advertising or promotional materials without prior written consent of the other party; provided, however, that Claim Administrator may include Employer in its list of clients. 11.2 Claim Administrator/Association ownership. Employer acknowledges that Claim Administrator's Proprietary Marks and Business Confidential Information are the sole property of the Blue Cross and Blue Shield Association or of Claim Administrator and agrees not to contest the Blue Cross and Blue Shield Association's or Claim Administrator's ownership or the license granted to Claim Administrator for use of such Proprietary Marks. 11.3 Infringement. Claim Administrator agrees not to infringe upon, dilute or harm Employer's rights in its Proprietary Marks. Employer agrees not to infringe upon, dilute or harm the Blue Cross and Blue Shield Association's ownership rights or Claim Administrator's rights as a licensee in the Proprietary Marks. HCSC TX Gen ASA Med Rev. 8.16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written.permission•of Claim Administrator. Vol 11.4 Disclosures in Account Contracts. Employer on behalf of itself and its Covered Persons hereby expressly acknowledges its understanding this Agreement constitutes a contract solely between Employer and Claim Administrator, which is an independent corporation operating under a license from the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting Claim Administrator to use the Blue Cross and Blue Shield Service Mark, and that Claim Administrator is not contracting as the agent of the Association. Employer on behalf of itself and its Covered Persons further acknowledges and agrees that it has not entered into this Agreement based upon representations by any person other than Claim Administrator and that no person, entity, or organization other than Claim Administrator shall be held accountable or liable to Employer for any of Claim Administrator's obligations to Employer created under this Agreement. This subsection shall not create any additional obligations whatsoever on the part of Claim Administrator other than those obligations created under other provisions of this Agreement. 11.5 Administrative Services Only, Network Only. Claim Administrator must disclose that it does not underwrite or assume any financial risk with respect to claims liability; and disclose the nature of the services and/or network access Claim Administrator is providing. Such disclosures must be made to Employer, Employers Covered Persons, and Providers and must include, at a minimum, disclosure on identification cards, benefit booklets, Employer contracts and explanation of benefits documentation. SECTION 12: ELECTRONIC DOCUMENTS Employer's consent/responsibilities. Employer consents that any documents exchanged between the parties that describe the benefits under, orthe administration of, the Plan (including but not limited to benefit booklets) may be in the format of an electronic file or access to an electronic file. Employer further acknowledges and agrees that if Claim Administrator provides Employer, at Employers request, an electronic file that describes the benefits under, or the administration of, the Plan, Employer will provide Covered Persons access, via the intranet, Internet, or otherwise, to only the most current version of that electronic file. Employer also acknowledges and agrees that, in all instances, Claim Administrator may rely on the fact that the most current version of the electronic file Claim Administrator provides to Employer is the authorized document that governs administration of Employers Plan under this Agreement and will prevail in the event of any conflict between such electronic file and any other electronic or paper file. Employer is solely responsible for any and all claims for loss, liability or damages, arising either directly or indirectly from Employer's use or posting of the electronic file on the intranet and/or internet. SECTION 13: RECORDS All Claim determination records, excluding any and all of the Business Confidential Information of Claim Administrator, other Blue Cross and/or Blue Shield companies, or Claim Administrators subsidiaries, affiliates, and vendors, in the possession of Claim Administrator are and shall remain the property of Employer upon termination of this Agreement. Claim Administrator shall return a copy of such property upon request in a form as agreed upon by the parties with the cost of preparing such property for transmittal to be borne by Employer. All such Claim records shall be retained by Claim Administrator until Claim Administrator receives a request from Employer for transmittal or for a period of eleven (11) years from the date of a Claim's adjudication, whichever occurs first. SECTION 14: APPLICABLE LAW This Agreement shall be governed by, and shall be construed in accordance with, the laws of the state of Texas without regard to any state choice—of—law statutes, and any applicable federal law. All disputes between Employer and Claim Administrator arising out of or related to this Agreement :his Agreeinentwill be resolved in Dallas, ?etas. Changes in state or federal law or regulations or interpretations thereof may change the terms and conditions of the Services. SECTION 15: ENTIRE AGREEMENT 15.1 Definition. This Agreement, including all Exhibits and Addenda, represents the entire agreement and understandings of the parties hereto and all prior or contemporaneous agreements, understandings, HCSC TX Gen ASA Med Rev. 8.16 10 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claire Adjn'nistrator. representations and warranties, whether written or oral, in regard to the subject matter hereof, including any proposal document submitted by Claim Administrator to Employer are superseded, except as otherwise provided in this Agreement. In the event of a conflict, the provisions of this Agreement and the Exhibits and Addenda of this Agreement shall prevail. 15.2 Components. The Exhibits and Addenda of this Agreement are: a. Exhibit 1 - Claim Administrator Services b. Exhibit 2 - Fee Schedule, Financial Responsibilities & Required Disclosures c. Exhibit 3 - Recovery Litigation Authorization d. Exhibit 4 - ASO BPA 15.3 Amending. This Agreement shall be amended by mutual written agreement of the parties. Employer acknowledges and agrees that the format of such changes shall be determined by Claim Administrator in its sole discretion, including, but not limited to, the use of a new form of agreement (that replaces this Agreement in its entirety). Notwithstanding the foregoing, any amendments required by law, regulation or order ('Law') or by Claim Administrator or the Blue Cross and Blue Shield Association may be implemented by Claim Administrator upon sixty (60) calendar days' prior notice to Employer or such time period as may be required by law. Amendments required by Law shall be effective retroactively, if applicable, as of the date required by such Law. If Employer objects to such amendment within thirty (30) days of receipt of notice of such amendment, the parties shall then engage in good faith negotiations to amend the amendment, to the greatest extent possible. If the parties cannot agree on terms of the amendment in a satisfactory manner, either party shall be allowed to proceed to dispute resolution, as set forth in Section 18. SECTION 16: NOTICE AND SATISFACTION Unless specifically stated otherwise in this Agreement or in any written Exhibit or Addenda thereto, Employer and Claim Administrator agree to give one another written notice (pursuant to Section 19 Notices below) of any complaint or concern the other party may have about the performance of obligations under this Agreement and to allow the notified party ninety (90) days in which to make necessary adjustments or corrections to satisfy the complaint or concern prior to taking any further action with regard to such. SECTION 17: LIMITATIONS; LIMITATION OF LIABILITY No action or dispute shall be brought to recover under this Agreement after the expiration of three (3) years from the date the cause of action accrued, except to the extent that a later date is permitted under Section 413 of ERISA. Liability for any errors or omissions by Claim Administrator (or its officers, directors, employees, agents or independent contractors) in the administration of this Agreement, or in the performance of any duty or responsibility contemplated by this Agreement, shall be limited to the maximum benefits which should have been paid under this Agreement had the errors or omissions not occurred (less Claim Administrator's share of any arbitration expenses incurred), unless any such errors or omissions are adjudged to be the result of intentional misconduct, gross negligence or intentional breach of a duty under this Agreement by Claim Administrator. SECTION 18: DISPUTE RESOLUTION/ARBITRATION 18.1 Initial negotiation. Any dispute arising out of or related to this Agreement shall be resolved in accordance with the procedures specified in this Section 18, which shall be the sole and exclusive procedures for the resolution of any such disputes. All negotiations pursuant to this -Section 18 are confidential -and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 18.2 Deferring to arbitration/selecting an arbitrator. In the event the parties fail to agree with respect to any matter covered herein and only after making good faith efforts to resolve any dispute under this Agreement, the question in dispute shall be submitted for arbitration in Dallas, Texas. The arbitrator shall be selected as follc vs: a. Upon declaration by one of the parties hereto that a deadlock on any dispute under this Agreement exists ("Deadlock"), the parties shall select an arbitrator; HCSC TX Gen ASA Med Rev. 8.16 11 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. 1 Vol. Pg �% Pg b. If, for any reason, an arbitrator is not appointed within sixty (60) days after the Deadlock is declared and the amount in contest is in excess of $10,000, either party may submit the matter to the American Arbitration Association which shall select an arbitrator and administer the arbitration; and c. If no appointment is made within sixty (60) days after the Deadlock is declared and the amount in question is $10,000, or less, Claim Administrator shall select an independent third party to be the arbitrator. 18.3 Expectations. The arbitrator will submit a decision within thirty (30) days after submission of the dispute or as soon as reasonably feasible and such decision shall be binding on the parties hereto. The arbitrator's fees and any costs imposed by the arbitrator will be shared equally by the parties. All other expenses such as reasonable attorney's fees and recoverable costs as defined by the Federal Rules of Civil Procedure shall be borne by the losing party or, if both parties prevail apportioned by the arbitrator to each party. Arbitration proceedings will be governed by the applicable Rules of the American Arbitration Association in effect at the time of the Deadlock. 18.4 Except as provided otherwise in this Agreement, each party is required to continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. SECTION 19: NOTICES All notices given under this Agreement must be in writing and shall be deemed to have been given for all purposes when personally delivered and received or when deposited in the United States mail, first—class postage prepaid, and addressed to the parties' respective contact names at their respective addresses or when transmitted by facsimile via their respective facsimile numbers as indicated on the most current ASO BPA. Each party may change such notice mailing and/or transmission information upon Timely prior written notification to the other party. Claim Administrator may also provide such notices electronically, to the extent permitted by applicable law. SECTION 20: SEVERABILITY; ENFORCEMENT; FORCE MAJEURE Should any provision(s) contained in this Agreement be held to be invalid, illegal, or otherwise unenforceable, the remaining provisions of the Agreement shall be construed in their entirety as if separate and apart from the invalid, illegal or unenforceable provision(s) unless such construction were to materially change the terms and conditions of this Agreement. Any delay or inconsistency by either party in the enforcement of any part of this Agreement shall not constitute a waiver by that party of any rights with respect to the enforcement of any part of this Agreement at any future date nor shall it limit any remedies which may be sought in any action to enforce any provision of this Agreement. Neither party shall be liable for any failure to Timely perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its commercially reasonable control including, but not limited to, acts of God or nature, fires, floods, storms, earthquakes, riots, strikes, wars, terrorism, cybersecurity crimes or restraints of government. SECTION 21: INDUSTRY IMPROVEMENT, RESEARCH AND SAFETY Notwithstanding any other provision of this Agreement, Claim Administrator may use and or disclose a limited data set or de -identified data for purposes of providing the services under this Agreement and for other purposes required or permitted by applicable law (the 'Permitted Purposes' as defined herein). For purposes of this paragraph, "Permitted Purposes" means the studies, analyses or other activities that are designed to promote quality health care outcomes, manage health care and administrative costs, and enhance business and _. _..-_ performance, including,- but not limited to, utilization studies, cost analyses, behdhmarking, modeling, --outcomes studies, medical protocol development, normative studies, quality assurance, credentialing, network management, network development, fraud and abuse monitoring or investigation, administrative or process improvement, cost comparison studies, or reports for actuarial analyses. For purposes of this paragraph, a "limited data set" has the meaning set forth in HIPAA and "de -identified" means both member de -identification (as defined by HIPAA) and Employer de -identification (unless the work is being done in connection with Employer's Plan). Solely for the Permitted Purposes, Claim Administrator may release, or authorize the release of, a limited data set or de -identified data to a third party data aggregation service or data warehouse and its customers. Such data warehouse and data HCSC TX Gen ASA Med Rev. 8.16 12 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. �5�-- aggregation service providers may charge their customers a fee for access to such data, Nothing in the paragraph is intended to expand or limit the terms and conditions of the Business Associate Agreement with respect to the permitted use or disclosure of PHI (other than with respect to limited data sets). The foregoing notwithstanding, the Blue Cross and Blue Shield Association and its support vendors are permitted to have internal access to Claim Administrator -assigned Employer Group and Identification number. SECTION 22: THIRD PARTY RECOVERY VENDORS AND OUTSIDE ATTORNEYS To assist in the recovery of payments, Claim Administrator may engage a third party to assist in identification or collection of recovery amounts related to Claim Payments made under the Agreement. In such event, the recovered amounts will be applied according to Claim Administrator's refund recovery policies. Claim Administrator may also engage a third party to assist in the review of healthcare Providers' Claim coding or billing to identify discrepancies prior to Claim Payments. Third parties' fees associated with such assistance and Claim Administrator's fee for its related administrative expenses to support such third party recovery identification and collection will be paid by Employer and are separate from and in addition to the Reimbursement Fees set forth in the ASO BPA. SECTION 23: NOTICE OF ANNUAL MEETING Employer is hereby notified that it is a Memberof Health Care Service Corporation (HCSC), a Mutual Legal Reserve Company, and is entitled to vote either in person, by its designated representative, or by proxy at all meetings of Members of said Company. The annual meeting is held at its principal office at 300 East Randolph Street, Chicago, Illinois each year on the last Tuesday in October at 12:30 P.M. For purposes of this Section, the term "Member" means the group, trust, association or other entity with which this Agreement has been entered. It does not include Covered Employees or Covered Persons under the Plan. From time to time, Claim Administrator pays indemnification or advances expenses to a director, officer, employee or agent consistent with Claim Administrator's bylaws then in force and as otherwise required by applicable law. SECTION 24: DEFINITIONS 24.1 "Accountable Care Organization" means a group of healthcare Providers who agree to deliver coordinated care and meet performance benchmarks for quality and affordability in order to manage the total cost of care for their member populations. 24.2 "Administrative Charge" means the monthly service charge that is required by Claim Administrator for the administrative services performed under this Agreement. The Administrative Charge(s) is set forth in the Fee Schedule. 24.3 "Allowable Amount" means the maximum amount determined by Claim Administrator to be eligible for consideration of payment for a Covered Service in accordance with the type of medical and dental benefits coverage(s) elected on the most current ASO BPA. a. For Medical Covered Services. The Allowable Amount means: I. For Network Providers. For a Provider who has a written agreement with Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide care to a Covered Person at the time Covered Services for medical benefits are rendered ("Network_ Provider), the contracting Allowable Amount is based on the terms of the Network Provider's contract and the payment methodology in effect on the date of the Covered Service. The payment methodology used may include diagnosis-related groups (DRG), fee schedule, package pricing, global pricing, per diems, case -rates, discounts, or other payment methodologies. ii. For Non -Network Providers. For a Provider who does not have a written agreement with Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide care to a Covered Person at the time Covered Services for medical benefits are rendered ("Non -Network Provider"), the Allowable Amount will be the lesserof: (a) the Non -Network Provider's Claim Charge, or; (b) Claim Administrator's HCSC TX Gen ASA Med Rev. 8.16 13 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. non -contracting Allowable Amount. Except as otherwise provided in this section ii, the non -contracting Allowable Amount is developed from base Medicare reimbursements adjusted by a predetermined factor established by Claim Administrator. Such factor shall be not less than 75% and will exclude any Medicare adjustment(s) which is/are based on information on the Claim. When a Medicare reimbursement rate is not available or is unable to be determined based on the information submitted on a Claim, the non -contracting Allowable Amount for Non -Network Providers will represent an average contract rate in aggregate for Network Providers adjusted by a predetermined factor established by Claim Administrator. Such factor shall be not less than 75% and shall be updated not less than every two years. Claim Administrator will utilize the same Claim processing rules and/or edits that it utilizes in processing Network Provider Claims for processing Claims submitted by Non -Network Providers which may also alter the Allowable Amount for a particular Covered Service. In the event Claim Administrator does not have any Claim edits or rules, Claim Administrator may utilize the Medicare claim rules or edits that are used by Medicare in processing the Claims. The Allowable Amount will not include any additional payments that may be permitted under the Medicare laws or regulations which are not directly attributable to a specific Claim, including, but not limited to, disproportionate share and graduate medical education payments. Any change to the Medicare reimbursement amount will be implemented by Claim Administrator within ninety (90) days after the effective date that such change is implemented by the Centers for Medicaid and Medicare Services, or its successor. The non -contracting Allowable Amount does not equate to the Providers Claim Charge and Covered Persons receiving Covered Services from a Non -Network Provider will be responsible for the difference between the non -contracting Allowable Amount and the Non -Network Provider's Claim Charge, and this difference may be considerable. To find out Claim Administrator's non -contracting Allowable Amount for a particular Covered Service, Covered Persons may call customer service at the number on the back of Claim Administrator -issued identification card. iii. For multiple surgeries. The Allowable Amount for Covered Services for all surgical procedures performed on the same Covered Person on the same day will be the amount for the single procedure with the highest Allowable Amount plus a determined percentage of the Allowable Amount for each of the other Covered Service procedures performed. iv. For procedures, services, or supplies provided to Medicare recipients. The Allowable Amount will not exceed Medicare's limiting charge. b. The Allowable Amount for a Provider which has a written agreement with Claim Administrator, a Blue Cross and/or Blue Shield Plan or the entity chosen by Claim Administrator to administer its prescription drug program, to provide prescription drug services to a Covered Person at the time Covered Services under the prescription drug benefit are rendered ("Participating Prescription Drug Provider"), the lesser of such Providers Claim Charge or the cost agreed upon by the Participating Prescription Drug Provider. The Allowable Amount for a Provider which does not have a written agreement with Claim Administrator, a Blue Cross and/or Blue Shield Plan or the entity chosen by Claim Administrator to administer its prescription drug program, to provide prescription drug services to a Covered Person at the time Covered Services for prescription drug benefits are rendered ("Non -Network Provider Pharmacies") will be based on the lesser of the charge which the particular Non -Network Provider Pharmacy usually charges for Covered Services, or the amount Claim Administrator would reimburse Participating Prescription Drug Providers for the same service, minus 20% unless otherwise agreed upon by Claim Administrator and Employer. c. For Dental Covered Services. If dental benefits coverage is elected on the most current ASO BPA, the Allowable Amount means: i. For Contracting Dentists. For a Provider who has a written agreement with Claim Administrator to provide care to a Covered Person at the time Covered Services for dental benefits are rendered ("Contracting Dentist"), the Allowable Amount is based on the terms of the Contracting Dentist's contract with Claim Administrator and Claim Administrator's methodology in effect on the date of the Covered Service. The methodology used may include relative value, global pricing, or a combination of methodologies. HCSC TX Gen ASA Med Rev. 8.16 14 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. ii. For Non -Contracting Dentists. For a Provider who does not have a written agreement with Claim Administrator to provide care to a Covered Person at the time Covered Services for dental benefits are rendered ("Non -Contracting Dentist"), the Allowable Amount is based on the amount Claim Administrator would pay for the same Covered Service if performed or provided by a Contracting Dentist. Unless otherwise stipulated by a contract between a dental Provider and Claim Administrator: III. For Covered Services performed in Texas. The Allowable Amount is based upon the applicable methodology for dentists with similar experience and/or skills. iv. For Covered Services performed outside Texas. The Allowable Amount will be established by identifying dentists with similar experience or skills in order to establish the applicable amount for the Covered Service. v. For multiple surgical procedures performed in the same operative area. The Allowable Amount for Covered Services for all surgical procedures performed on the same Covered Person on the same day will be the amount for the single procedure with the highest Allowable Amount plus an additional Allowable Amount for covered supplies or services. vi. When a less expensive professionally acceptable service, supply, orprocedure is available. The Allowable Amount will be based upon the most economical supply, appliance, or level of dental Covered Service that is appropriate for the safe and effective treatment of the Covered Person. This is not a determination of whether a service is Dentally Necessary, but merely a contractual benefit allowance of a dental Covered Service. The Allowable Amount for all dental Covered Services also includes the administration of any local anesthesia and necessary infection control as required by state and federal mandates.] 24.4 "Alternative Compensation Arrangement Payments" means additional payments Claim Administrator makes to Network Providers for services for which no formal Claim form may be submitted, including, but not limited to, capitation payments, performance based reimbursement payments, Care Coordination payments, Value -Based Programs, and other alternative funding arrangements as set forth in Claim Administrator's arrangement with the Network Provider. If the actual amount of such Payment is not known at the time Claim Administrator bills Employer under this Agreement, then Claim Administrator may bill Employer in advance for expected Payments to Network Providers (the "Expected Payments"). Such Expected Payments will be calculated for each specific Alternative Compensation Arrangement on a per member per month ("PMPM") basis. The calculation will be made using (i) the estimated number of members involved in a particular Arrangement (as of the end of the month preceding the calculation), and (ii) the estimated Alternative Compensation Arrangement Payments for all such members. Expected Payment may vary from member to member, Employer will be billed for its share of the Expected Payment. Any difference (surplus or deficit) between the Expected Payments that Employer has made to Claim Administrator and actual Alternative Compensation Arrangement Payments will be factored into Claim Administrator's calculation of future Expected Payments. Interest on such difference (surplus or deficit) will be credited (or charged) to Employer and included in the calculation of future Expected Payments. Claim Administrator may recalculate the PMPM charge from time to time in a manner consistent with this Agreement. In the case of any such modification, Claim Administrator shall inform Employer of such modifications Employer will be deemed to have approved the modifications, which will become part of this Agreement. 24.5 "BlueCard Worldwide Access Vendor Fees" means the charges to Claim Administrator for the transaction fees through the BlueCard° Worldwide program which are payable to the medical assistance vendor for assisting Covered Persons traveling or living outside of the United States, Puerto Rico, and U.S. Virgin Islands to obtain medical services. 24.6 "Care Coordination" means organized, information -driven patient care activities intended to facilitate the appropriate responses to Covered Person's healthcare needs across the continuum of care. 24.7 "Care Coordinator" means an individual within a Provider organization who facilitates Care Coordination for patients. 24.8 "Care Coordinator Fee" means a fixed amount paid by a BlueCross and/or Blue Shield Plan to Providers periodically for Care Coordination under a Value -Based Program. HCSC TX Gen ASA Med Rev. 8.16 15 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with WTI tte_n permission of Claim Administrator. 24.9 "Claim" means a properly completed notification in a form acceptable to Claim Administrator, including but not limited to, form and content required by applicable law, that service has been rendered or furnished to a Covered Person. This notification must set forth in full the details of such service including, but not limited to, the Covered Person's name, age, sex and identification number, the name and address of the Provider, a specific itemized statement of the service rendered or furnished (including appropriate codes), the date of service, applicable diagnosis (including appropriate codes), the Claim Charge, and any other information which Claim Administrator may request in connection for such service. 24.10 "Claim Charge" means the amount which appears on a Claim as the Provider's regular charge for service rendered to a patient, without further adjustment or reduction. 24.11 "Claim Payment" means the benefit calculated by Claim Administrator, plus any related Surcharges, upon submission of a Claim, In accordance with the benefits specified in the Plan for which Claim Administrator has agreed to provide administrative services. All Claim Payments shall be calculated on the basis of the Provider's Allowable Amount, in accordance with the benefit coverages) elected on the most current ASO BPA, for Covered Services rendered to the Covered Person. Claim Payment also includes Employer's pro rata share of Alternative Compensation Arrangement Payments. 24.12 "Coinsurance" means a percentage of an eligible expense that a Covered Person is required to pay toward a Covered Service. 24.13 "Copayment" means a specified dollar amount that a Covered Person is required to pay toward a Covered Service. 24.14 "Covered Employee" shall have the same meaning as defined in Employer's Plan to the extent consistent with the BPA. 24.15 "Covered Person" shall have the same meaning as defined in Employer's Plan to the extent consistent with the applicable ASO BPA. 24.16 "Covered Service" means a service or supply specified in the Plan for which benefits will be provided and for which Claim Administrator has agreed to provide administrative services under this Agreement. 24.17 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. 24.18 "Fee Schedule" means the fees and charges specified in the initial ASO BPA, including but not limited to, the Administrative Charge and other service charges; or subsequent fees and charges set forth in a subsequent ASO BPA as replacement or supplement to the initial ASO BPA. The Fee Schedule shall be applicable to the Fee Schedule Period therein, except that any item of the Fee Schedule may be changed in accordance with Exhibit 2. 24.19 "Fee Schedule Period" means the period of time indicated in the Fee Schedule of the most current ASO BPA. 24.20 "Global Payment/Total Cost of Care" means a payment methodology that is defined at the patient level and accounts for either all patient care or for a specific group of services delivered to the patient such as Outpatient, Physician, ancillary, Hospital services, and prescription drugs. 24.21 "Home Health Agency" means a business that provides Home Health Care and is licensed, approved, or certified by the appropriate agency of the state in which it is located or be certified by Medicare as a supplier of Home Health Care. 24.22 "Home Health Care" means the health care services for which benefits are provided under the Plan when such services are provided during a visit by a Home Health Agency to patients confined at home due to a sickness or injury requiring skilled health services on an intermittent, part-time basis. 24.23 "HIPAA" means the Health Insurance Portability and Accountability Act and its implementing regulations (45 C.F.R. Parts -160-164) and the Health -Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing regulations, each as amended, and their respective implementing regulations, as issued and amended by the Secretary (all the foregoing, collectively "HIPAA"). 24.24 "Hospital" means a duly licensed institution for the care of the sick which provides service under the care of a Physician including the regular provision of bedside nursing by registered nurses. It does not mean health resorts, rest homes, nursing homes, skilled nursing facilities, convalescent homes, custodial homes of the aged or similar institutions. HCSC TX Geri ASA Med Rev. 8.16 16 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written -permission of Claim Administrator, Vol J - -� 1 24.25 "Host Blue" means a local Blue Cross and/or Blue Shield licensee outside the geographic area that Claim Administrator serves. 24.26"Inpatient" means the Covered Person is a registered bed patient and treated as such in a health care facility. 24.27 "Negotiated Arrangement" means an agreement negotiated between one or more Blue Cross and/or Blue Shield Plans for any national account that is not delivered through the BlueCard Program. 24.28"Network" means identified Providers, including Physicians, other professional health care Providers, Hospitals, ancillary Providers, and other health care facilities, that have entered into agreements with Claim Administrator (and, in some instances, with other participating Blue Cross and/or Blue Shield Plans) for participation in a participating provider option and/or point—of—service managed care health benefits coverage program(s), if applicable to the Plan under this Agreement. 24.29 "Non -Participating Healthcare Provider" means a healthcare Provider that does not have a contractual agreement with a Host Blue. 24.30 "Outpatient" means a Covered Person's receiving of treatment while not an Inpatient. Services considered Outpatient include, but are not limited to, services in an emergency room regardless of whether the Covered Person is subsequently registered as an Inpatient in a health care facility. 24.31 "Participating Healthcare Provider" means a healthcare Provider that has a contractual agreement with a Host Blue. 24.32 "Patient -Centered Medical Home" means a model of care in which each patient has an ongoing relationship with a Primary Care Physician who coordinates a team to take collective responsibility for patient care and, when appropriate, arranges for care with other qualified Physicians. 24.33 "Physician" means a physician duly licensed to practice medicine in all of its branches. 24.34"Plan" means, as applied to this Agreement, the separate self-insured group health plan as defined by Section 160.103 of HIPAA. 24.35 "Primary Care Physician" means a Physician who is a Network Provider at the time Covered Services are rendered under Claim Administrator's point—of—service managed care health benefits coverage program, if applicable to the Plan under this Agreement, and who is selected by or assigned to a Covered Person to coordinate and arrange for the Covered Person's medical care and who approves and makes medically appropriate referrals for any non—primary care Physician services and who provides medical care within the scope of a license permitting him/her to legally practice medicine in the recognized areas of pediatrics, obstetrics and gynecology, internal medicine and family practice. 24.36 "Provider" means any Hospital, health care facility, laboratory, person or entity duly licensed to render Covered Services to a Covered Person or any other provider of medical or dental services, products or supplies which are Covered Services. 24.37 "Provider Incentive" means an additional amount of compensation paid to a healthcare Provider by a Blue Cross and/or Blue Shield Plan, based on the Provider's compliance with agreed-upon procedural and/or outcome measures for a particular population of Covered Persons. 24.38 "Services" means the services listed in Exhibit 1. 24.39 "Shared Savings" means a payment mechanism in which the Provider and the Blue Cross and/or Blue Shield Plan share cost savings achieved against a target cost budget based upon agreed upon terms and may include downside risk. 24.40 "Supplemental Charge" means a fee or charge payable to Claim Administrator by Employer in addition to the fees and charges set forth in the Fee Schedule. A Supplemental Charge may be applied for any customized reports, forms -or other materials or for any additional services or supplies not documented in the applicable Fee Schedule. Such services and/or supplies and any applicable Supplemental Charge(s) are to be agreed upon by the parties in advance. 24.41 "Surcharges" means local, state or federal taxes, surcharges or other fees or amounts, including, but not limited to, BlueCard Worldwide Access Vendor Fees and amounts due in connection with the Affordable Care Act Transitional Reinsurance Programs (or successor or alternate program amounts) (the "Reinsurance Contribution"), paid by Claim Administrator which are imposed upon or resulting from this Agreement, or are otherwise payable by or through Claim Administrator. Upon request, Employer shall furnish to Claim Administrator in a Timely manner all information necessary for the calculation or administration of any HCSC TX Gen ASA Med Rev. 9.16 17 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator, ( VOI Surcharges. Surcharges may or may not be related to a particular claim for benefits. In no event will Claim Administrator be responsible for the Reinsurance Contribution. 24.42 "Timely" means the following, unless an alternative standard is specified in this Agreement or is mutually agreed to by the parties in writing: a. With respect to all payments due Claim Administrator by Employer under this Agreement, weekly claim invoices are due within 48 business hours of notification to Employer by Claim Administrator, monthly fees (e.g. administrative) are due within thirty (30) calendar days of notification to Employer by Claim Administrator; or b. With respect to all information due Claim Administrator by Employer concerning Covered Persons, within thirty—one (31) calendar days of a Covered Person's effective date of coverage or change in coverage status under the Plan; or c. With respect to all Plan information due Claim Administrator by Employer, upon the effective date of this Agreement and at least ninety (90) calendar days prior to the effective date of change or amendment to the Plan thereafter. 24.43"Value•Based Program" means an outcomes -based payment arrangement and/or a Coordinated Care model facilitated with one or more local Providers that is evaluated against cost and quality metrics/factors and is reflected in Provider payment. HCSC TX Gen ASA Med Rev. 8.16 is Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. ( EXHIBIT 1 CLAIM ADMINISTRATOR SERVICES ALTERNATIVE PROVIDER COMPENSATION ARRANGEMENTS Employer agrees to participate in other performance based reimbursement and alternative provider compensation arrangements as applicable based on Covered Person criteria established by Claim Administrator. CLAIMS ADJUDICATION Determination of payment levels of Claims according to Employer's directions, including but not limited to Employer's directions that Claim Administrator apply Claim Administrator's standard medical and utilization management criteria and policies and Coordination of Benefits (COB) processes. EXPLANATION OF BENEFITS (EOB) Preparation of EOBs. CLAIMS/MEMBERSHIP INQUIRIES Providing responses to inquiries — written, phone or in–person – related to membership, benefits, and Claim Payment or Claim denial. ENROLLMENT SERVICE Upon Employer request, assist Employer, in accordance with Claim Administrator's standard procedures, in initial enrollment activities, including education of Covered Persons about benefits, the enrollment process, selection of health care Providers and how to file a Claim for benefits; issue Claim submission instructions on behalf of Employer to health care Providers who render services to Covered Persons. CLIENT SERVICES AND MATERIALS Provision of those items as elected by Employer from listing below: a. Enrollment Materials. Implementation materials to be provided by Claim Administrator's Marketing Administration Division during the enrollment process; any custom designed materials may be subject to Supplemental Charge. b. Standard Identification Cards. Provision of identification cards appropriate to health benefit Plan coverage(s) selected. c. Standard Provider Directories. Access to Network Provider directories and periodic updates to such, if applicable to the health benefit Plan ccverage(s) under the Agreement. d. Customer Service. Access to a toll–free customer service telephone number. e. Medical Pre–notification Helpline. For those services determined by Employer and provided in writing to Claim Administrator that require pre–notification, advance Claim Administrator review of medical necessity, based on Claim Administrator's standard medical and utilization management criteria and policies, of such services covered under the Plan; access to toll–free medical pre–notification helpline for Covered Persons and their health care Providers to call for assistance. INTERNAL APPEALS Determination of properly filed internal appeal requests received by Claim Administrator from a Covered Person or a Covered Person's authorized representative. EXTERNAL REVIEW COORDINATION (if applicable) Claim Administrator will coordinate external reviews of certain adverse benefit determinations for Employer as described and for the fee set forth in the most current ASO BPA and/or this Agreement. If elected on the ASO Cai Adm - BPA, Claim Administrator's coordination includes reviewing external review requests to assess whether they meet the eligibility requirements, referring requests to IROs, and reversing the Plan's determinations if so indicated by the IRO. External reviews shall be performed by an IRO and not Claim Administrator. Amounts received by Claim Administrator and IROS may be revised from time to time and may be paid each time an external review is undertaken. HCSC TX Gen ASA Med Rev. 8.16 19 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. VOI. d MEMBERSHIP Using membership information provided to Claim Administrator by Employer to make claim and appeal determinations and for other purposes as described in the Agreement. STANDARD REPORTS Make available Claim data, Claim Settlement statements (as outlined in Exhibit 2, Section 6) and periodic reports in Claim Administrator's standard format(s) in accordance with Claim Administrator's standard reporting policy at no additional charge. Any additional reports required by Employer must be mutually agreed upon by the parties in writing prior to their development and may be subject to a Supplemental Charge. STOP LOSS COORDINATION Coordinate all necessary reporting, tracking, notification and other similar financial and/or administrative services pursuant to settlements under stop loss policy(ies) purchased (or proposed to be purchased) from Claim Administrator in conjunction with the Agreement. Forstop loss coverage purchased from entity(les) other than Claim Administrator, such coordination is limited to this Exhibit's STANDARD REPORTS to be made available to Employer subject to the Agreement's disclosure requirements. REPORTING SERVICES Preparation and filing of annual Internal Revenue Service (IRS) 1099 forms for the reporting of payments to health care Providers who render services to Covered Persons and who are reimbursed under the Plan for those services. ACTUARIAL AND STATISTICAL Determination of Claims projections and pricing of administrative services and stop—loss coverage. FRAUD DETECTION AND PREVENTION Identify and investigate suspected fraudulent activity by Providers and/or Covered Persons and inform Employer of findings and proof of fraud applying Claim Administrator's standard processes; address any related recovery litigation as set forth in Exhibit 3. EMPLOYER PORTAL (currently called BLUE ACCESS° FOR EMPLOYERS) Provide Employer with an on-line resource that allows employer the ability to perform a variety of plan administrative functions, currently managing membership and enrollment, inquiring about claims status, generating reports, and receiving billing information. Functions may be changed or added as they become available. MEMBER PORTAL (currently called BLUE ACCESS® FOR MEMBERS) Provide Member with an on-line resource that allows individuals access to information about their healthcare coverage and benefits, currently verifying claims status, receiving email notifications, accessing health and wellness information, verifying dependents coverage, and taking a health risk assessment. Information may be changed or added as it becomes available. PROVIDER NETWORK(S) If applicable to the health benefit Plan coverage(s) under the Agreement, establish, arrange and maintain a Network(s) through contractual arrangements with Providers including, if also applicable, Primary Care Physicians within the designated service area. BLUE CARE CONNECTION® PROGRAM (If elected on the most currentASO BPA) Provide a program that may include utilization management, case management, condition management, lifestyle management, predictive modeling, Well on Target, 24/7 nurseline and access to a personal health manager or such other features as determined by Employer and agreed to by Claim Administrator. • MASSACHUSETTS STATEMENTSOFCREDITABLE COVERAGE AND ELECTRONIC REPORTING - (lf elected on the most current ASO BPA) At the written direction of Employer, issuance of written statements of creditable coverage and related electronic reporting to the Massachusetts Department of Revenue with respect to Covered Persons under the Agreement subject to the Massachusetts Health Care Reform Act. REFERENCE BASED PRICING (RBP) (If elected on the most current ASO BPA) HCSC TX Gen ASA Med Rev, 8.16 20 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. Assist Employer with establishing a maximum coverage amount for specified imaging, inpatient, and outpatient procedures derived from a pricing method based on either the Employee's or Provider's location, as elected by Employer in the most current ASO BPA. VIRTUAL VISITS PROGRAM MANAGEMENT (if elected on the most currentASO BPA) Provide or arrange for a program that allows Covered Persons to access benefits for certain Covered Services remotely from virtual visit participating Providers via i) interactive audio communication (via telephone or similar technology) and/or ii) interactive audio/video examination and communication (via online portal, mobile app or similar technology), where available. SUMMARY OF BENEFITS AND COVERAGE (SBC) (if elected on the most current ASO BPA) Create SBCs for benefits Claim Administrator administers under this Agreement and provide SBCs to Employer and Covered Persons as described In the ASO BPA. MSP INFORMATION REPORTING Pursuant to Exhibit 2, Section 16 entitled "MEDICARE SECONDARY PAYER INFORMATION REPORTING", reporting preparation and filing as required of Claim Administrator as Responsible Reporting Entity ("RRE") for the Plan as that term is defined in Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007. UNCASHED FUNDS Regarding outstanding funds that are or became "stale" (over 365 days old), issue notification letters to payees and upon completion of notification process, reissue such funds to payees based upon payee response, if any. When fund reissuance is not possible and unless stated otherwise in the Agreement, escheat such funds to state of payee's last known address on behalf of Employer or escheat amounts pursuant to such funds to Employer, as elected by Employer, less any amount(s) owed by payee to Claim Administrator, in accordance with Claim Administrator's established procedures and/or the applicable state's unclaimed property law. ADDITIONAL SERVICES NOT SPECIFIED Claim Administrator may provide additional services not specified in the Agreement; such services will be mutually agreed upon between the parties in writing prior to their performance and may be subject to Supplemental Charge. ACTIVITIES THAT ARE NOT CONSIDERED SERVICES Claim Administrator does not provide Employer with software, facilities, phone systems, computers, database or information management, quality or security services, and the term "Services" does not include backroom operations. "Backroom operations" are those activities that do not involve direct contact with Covered Persons, HCSC TX Gen ASA Med Rev. 8.16 21 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with IJwritten permission of Claim Administrator. EXHIBIT 2 FEE SCHEDULE, FINANCIAL RESPONSIBILITIES & REQUIRED DISCLOSURES SECTION 1: FEE SCHEDULE Service charges and other service specifications applicable to the Agreement are set forth in the Fee Schedule section of the most current ASO BPA. They are to apply for the period(s) of time indicated therein and shall continue in full force and effect until the earlier of: i) the end of the Fee Schedule Period noted on such ASO BPA; I) the date a Fee Schedule is amended or replaced in its entirety by the execution of a subsequent ASO BPA; or iii) the date the Agreement is terminated. Inter -Plan Arrangement Fees: i. BlueCard® Program/Network access fees" (as applicable): Additional information is available upon request; included in the Claim Charge, if applicable; ii. Negotiated Arrangement/Custom fees (as applicable): Additional information is available upon request; included in the medical Administrative Charge(s) noted in the ASO SPAand in any Termination Administrative Charge(s) noted in the ASO BPA calculated on the basis of such medical Administrative Charge(s); iii. For Non -Participating Healthcare Providers Outside Claim Administrator's Service Arealprocessing fees (as applicable): Additional information is available upon request; included in the medical Administrative Charge(s) noted in the ASO BPA and in any Termination Administrative Charge(s) noted in the ASO BPA calculated on the basis of such medical Administrative Charge(s). "Such fees may not exceed the lesser of the applicable annual percentage of the discount (dependent upon group size) permitted under the BlueCard Program or $2, 000 per Claim. SECTION 2: EXHIBIT DEFINITIONS Other definitions applicable to this Exhibit are contained in Section 24 AGREEMENT DEFINITIONS of the Agreement. 2.1 "Employer Payment" means the amount owed or payable to Claim Administrator by Employer for a given Employer Payment Period in accordance with Section 5 of this Exhibit which is the sum of Claim Payments made plus applicable service charges incurred during that Employer Payment Period. 2.2 "Employer Payment Method" means the method elected in the Fee Schedule specifications of the most current ASO BPA by which Employer Payments will be made. 2.3 "Employer Payment Period" means the time period indicated in the Fee Schedule specifications of the most current ASO BPA. 2.4 "Medicare Secondary Payer ("MSP")" means those provisions of the Social Security Act set forth in 42 U.S.C. §1395 y (b), and the implementing regulations set forth in 42 C.F.R. Part 411, as amended, which regulate the manner in which certain employers may offer group health care coverage to Medicare -eligible employees, their spouses and, in some cases, dependent children. (See Section 16 of this Exhibit titled "MEDICARE SECONDARY PAYER INFORMATION REPORTING:') 2.5 "Run -Off Claim" means a Claim incurred prior to the termination of the Agreement that is submitted for payment during the Run -Off Period. 26- "Run -Off Period" -means -the -time -period immediately -following -termination of the Agreement,indicated in_ the Fee Schedule specifications of the most current ASO BPA, during which Claim Administrator will accept Run -Off Claims submitted for payment. 2.7 "Termination Administrative Charge" means the consideration indicated in the Fee Schedule specifications of the most current ASO BPA that is required by Claim Administrator upon termination of the Agreement or partial termination of Covered Employees, including any services that may be performed by Claim Administrator during the Run -Off Period indicated on such ASO BPA. HCSC TX Gen ASA Med Rev. 8.16 22 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator._—_ Vesal 1 - - SECTION 3: COMPENSATION TO CLAIM ADMINISTRATOR 3.1 Intent of service charges. Employer will pay service charges to Claim Administrator, in accordance with the Fee Schedule specifications of the most current ASO BPA, as compensation for the processing of Claims and administrative and other services provided to Employer. 3.2 Determining service charges. The service charges, which are guaranteed for the Fee Schedule Period indicated in the Fee Schedule specifications of the most current ASO BPA, have been determined in accordance with Claim Administrator's current regulatory status and Employer's existing benefit program. 3.3 Changing service charges. Such service charges shall be subject to change by Claim Administrator as follows: a. At the end of the Fee Schedule Period indicated in the Fee Schedule specifications of the most current ASO BPA, provided that sixty (60) days prior written notice is given by Claim Administrator; b. On the effective date of any changes or benefit variances in the Plan, its administration, or the level of benefit valuation which would increase Claim Administrator's cost of administration; c. On any date changes imposed by governmental entities increase expenses incurred by Claim Administrator, provided that such increases shall be limited to an amount sufficient to recover such increase in expenses; d. On any date that the actual number of Covered Employees (in total, by product or by benefit plan), the single/family mix, or the Medicare/Non-Medicare mix varies +/- 10% from Claim Administrator's projections; e. The information upon which Claim Administrators projections were based (benefit levels, census/demographics, producer/broker fees, etc.) becomes outdated or inaccurate; or f. On any date an affiliate, subsidiary, or other business entity is added or dropped by Employer, 3.4 Service charges upon termination. In the event the Agreement is terminated in accordance with the "TERM AND TERMINATION" provisions of the Agreement, Employer will Timely pay Claim Administrator the Termination Administrative Charge indicated in the Fee Schedule specifications of the most current ASO BPA. Termination Administrative Charges assume the continuation of the Plan benefit program(s) and the administrative services in effect prior to termination. Should such Plan benefit program(s) and/or administrative services change, or in the event the average Plan enrollment during the three (3) months immediately preceding termination varies by ten percent (10%) or more from the enrollment used to determine the service charges in effect at the time of termination, Claim Administrator reserves the right to adjust the fees for service charges (including, but not limited to, access fees) to be used to compute the Termination Administrative Charge. In the event of a partial termination by Empleyerof more than 10% of Claim Administrators projections of Covered Employees, Employer will pay the Termination Administrative Charge as specified in the current ASO BPA for such terminated Covered Employees. 3.5 Additional service charges. In addition to the amounts due and payable each month in accordance with the Fee Schedule specifications of the most current ASO BPA, Claim Administrator may charge Employer for: a. Any applicable Supplemental Charge(s); b. Reasonable fees for the reproduction or return of Claim records requested by Employer, a governmental agency or pursuant to a court order; and/or c. Any other fees that may be assessed by third parties for services rendered to Employer and/or any other fees for services mutually agreed upon by the parties in writing. 3.6 Effect of Plan enrollment. Administrative Charges will be paid based upon information Claim Administrator receivesregarding current Plan enrollment as of the first day of each month. -Appropriate -adjustments will be -- -- - - made for enrollment variances or corrections. 3.7 Timely payment. Performance of all duties and obligations of Claim Administrator under the Agreement are contingent upon the Timely payment of any amount owed Claim Administrator by Employer. HCSC TX Gen ASA Med Rev. 6.16 23 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. Vol- SECTION 4: CLAIM PAYMENTS 4.1 Claim Administrator's payment. Upon receipt of a Claim, Claim Administrator will make a Claim Payment provided that all payments due Claim Administrator under the terms of the Agreement are paid when due. 4.2 Employer's liability. Any reasonable determination by Claim Administrator in adjudicating a Claim under the Agreement that a Covered Person is entitled to a Claim Payment is conclusive evidence of the liability of Employer to Claim Administrator for such Claim Payment pursuant to Section 6 below titled "CLAIM SETTLEMENTS." 4.3 Covered Person's certain liability. Under certain circumstances, if Claim Administrator pays the healthcare Provider amounts that are the responsibility of the Covered Person under this Agreement, Claim Administrator may collect such amounts from the Covered Person. 4.4 Cessation of Claim Payments. If Employer has failed to pay when due any amount owed Claim Administrator, Claim Administrator shall be under no obligation to make any further Claim Payments until such default is cured. SECTION 5: EMPLOYER PAYMENT 5.1 Intent. In consideration of Claim Administrator's obligations as set forth in the Agreement and at the end of each Employer Payment Period, Employer shall pay to Claim Administrator or shall provide access for Claim Administrator to obtain, Employer Payment amount due for that Employer Payment Period. 5.2 Confirmation or notification of amount due and payment due date. Employer shall confirm with Claim Administrator or Claim Administrator shall notify Employer's financial division, of Employer Payment for each Employer Payment Period and when such payment is due. Confirmation or notification shall be in accordance with Employer Payment Method elected in the Fee Schedule specifications of the most current ASO EPA and the following: a. If Employer Payment Method is by check, Claim Administrator shall issue Employer a settlement statement which will include Claim Administrator's mailing address for check remittance and the date payment is due. b. If Employer Payment Method is other than check, Employer shall confirm on-line the amount due by accessing Claim Administrator's "Blue Access for Employers" (as provided in Exhibit 1); or Claim Administrator shall advise Employer by email or facsimile (at an email address or facsimile number to be furnished by Employer prior to the effective date of the Agreement) or by such other method mutually agreed to by the parties, of the amount due. Employer Payment must be made or obtained within forty- eight (48) hours of confirmation by Employer or Employer's notification by Claim Administrator. If any day on which an Employer Payment is due is a holiday, such payment will be made or obtained on the next business day. 5.3 Federal Regulation of Employer. Employer will be responsible for contributing to the funding of the Transitional Reinsurance Programs established by the Affordable Care Act. In no event will Claim Administrator be responsible for the Reinsurance Contribution. If required by applicable law, Employer will promptly forward to Claim Administrator all such contributions (or successor or alternate program amounts) and all information necessary for the calculation or administration of such contributions (or successor or alternate program amounts). 5.4 Late Payments. Late payments are subject to the penalties outlined in Section 7.3 of this Exhibit. - - -- - -- - — - - - -------- - SECTION 6: -CLAIM -SETTLEMENTS -- - - - - 6.1 Determining What Employer Owes. A Claim settlement shall be determined for each Claim settlement period indicated in the Fee Schedule specifications of the most current ASO BPA. The Claim settlement shall reflect the sum of the foflowing: a. Claim Payments paid by Claim Administrator in the particular Claim settlement period. b. Claim Payments paid by Claim Administrator in prior Claim settlement periods that have not been included in a prior Claim settlement. HCSC TX Gen ASA Med Rev. 0.16 24 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. E s c. The Administrative Charges and credits, Surcharges, and other applicable service charges as indicated in the Fee Schedule specifications of the most current ASO BPA of the Agreement and any applicable Supplemental Charge(s). The sum of a., b., and c. above shall be referred to as the Claim Settlement Total. 6.2 Employer underpayment. If, within the Claim settlement period, the Claim Settlement Total exceeds Employer Payments, Employer will pay the difference to Claim Administrator. The Claim settlement will be determined within sixty (60) days from the last day of the Claim settlement period. Claim Administrator will notify Employer in writing of the results of the Claim settlement. Any sums due Claim Administrator will be paid Timely by Employer. 6.3 Employer overpayment. If, within the Claim settlement period, Employer Payments exceed the Claim Settlement Total, Claim Administrator may, at its option, pay such difference to Employer, apply the difference against amounts then owed Claim Administrator by Employer or authorize a reduction equal to such difference from the next Claim Settlement Total due Claim Administrator from Employer. SECTION 7: LATE PAYMENTS AND REMEDIES 7.1 When Employer fails to Pay. If Employer fails to pay when due any amount required to be paid to Claim Administrator under the Agreement, and such default is not cured within ten (10) days of written notice to Employer, Claim Administrator may, at its option: a. Suspend Claim Payments; or b. Terminate the Agreement as of the effective date specified in such notice. 7.2 When Claim Administrator fails to timely notify. Pursuant to Section 20 "SEVERABILITY; ENFORCEMENT; FORCE MAJEURE" of the Agreement, Claim Administrator's failure to provide Employer with timely notice of any amount due hereunder shall not be considered a waiver of payment of any amount which may otherwise be due hereunder from Employer. 7.3 Late charge. If Employer fails to make any payment required by the Agreement an a Timely basis, Claim Administrator, at its option, may assess a daily charge for the late remittance from the due date of any amount(s) payable to Claim Administrator by Employer. This daily charge shall be an amount equal to the amount resulting from multiplying the amount due times the lesser of: a. The rate of .0329% per day which equates to an amount of twelve percent (12%) per annum; or b. The maximum rate permitted by state law. 7.4 Insolvency. In addition, if Employer becomes insolvent, however evidenced, or is in default of its obligation to make any Employer Payment as provided hereunder, or if any other default hereunder has occurred and is continuing, then any indebtedness of Claim Administrator to Employer (including any and all contractual obligations of Claim Administrator to Employer) may be offset and/or recouped and applied toward the payment of Employer's obligations hereunder, whether or not such obligations, or any part thereof, shall then be due Employer. SECTION 8: FINANCIAL OBLIGATIONS UPON AGREEMENT TERMINATION 8.1 Run—Off Claims. Employer hereby acknowledges that on the date of termination of the Agreement in accordance with the provisions of either Section 7 of this Exhibit or Section 8 of the Agreement, or on the date of a partial termination by Employer of more than 10% of Claim Administrator's projections of Covered Employees, there may be an undetermined but substantial number of Claims for services rendered or furnished prior to that date which have not been submitted to Claim Administrator for reimbursement and also an undetermined but substantial number of Claims submitted for reimbursement which have not been paid by Claim Administrator ("Run—Off Claims'). Employer shall be responsible for the reimbursement of all Run—Off Claims, whether or not such Claims have been submitted, or whether or not Claim Payments for such Claims have been made by Claim Administrator, as of the date of termination or partial termination, including, but not limited to, Claim Payments made in accordance with MSP laws, and for the payment of the Termination Administrative Charge and any other applicable service charges indicated in the Fee Schedule specifications of the most current ASO BPA and any applicable Supplemental Charge(s) pursuant to the processing of such HCSC TX Gen ASA Med Rev. 8.16 25 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with writtenp «mission of Claim Administrator. Claims after the Agreement's termination date or date of partial termination. Further, if a Covered Person is an Inpatient at the time his or her coverage under the Plan terminates, the Plan shall provide benefits for Covered Services which are provided by and regularly charged for by a Hospital or other facility Provider until the Covered Person is discharged or until the end of the Covered Person's benefit period, whichever occurs first ("Extended Benefits'). Employer shall be liable to Claim Administrator for all Claim Payments, and the applicable service charges for such Extended Benefits. 8.2 Corresponding Employer Payments. In consideration of Claim Administrator's continuing to make Claim Payments in accordance with Section 4 of this Exhibit for Run -Off Claims, Employer shall continue to make Employer Payments for all such Claims paid by Claim Administrator up to the final settlement outlined below. 8.3 Final Settlement. A final settlement shall be made within sixty (60) days after the last day of the Run -Off Period. This final settlement shall compare Employer Payments against the Claim Settlement Totals for all Run -Off Claims paid up to the date of the final settlement. The difference shall be paid or applied as set forth in Section 6 of this Exhibit. However, if Employer Payments exceed the Claim Settlement Totals for all Run - Off Claims paid up to the final settlement, Claim Administrator shall pay such difference to Employer after applying the difference against amounts, if any, then owed to Claim Administrator by Employer. After the final settlement, Claim Administrator shall be released from any further liability for Claim Payments and Claim adjustments under this Agreement, and as of the date Employer shall assume full liability and responsibility for all further administration of Claim Payments. Further, after the final settlement, any refunds resulting from Claim adjustments for overpayments, regardless of when such adjustments occurred shall be retained by Claim Administrator and Employer shall have no liability for any charges associated with any adjustments. 8.4 Uncashed funds. As of the date of termination of the Agreement, any outstanding funds that are or become "stale' (over 365 days old) will be escheated by Claim Administrator, on Employers behalf, less any amount(s) owed by such funds' payees to Claim Administrator, in accordance with the applicable state's unclaimed property law. SECTION 9: REQUIRED DISCLOSURE PROVISIONS Employer represents that it acknowledges and has communicated the provisions stated in each of the following sections of this Exhibit 2 (Sections 10 and after) to its Covered Persons. SECTION 10: PAYMENT OF CLAIMS AND ASSIGNMENT OF BENEFITS 10.1 Claim Payment assignment. All payments by Claim Administrator for the benefit of any Covered Person may be. made directly to any Provider furnishing Covered Services for which such payments are due, and Claim Administrator is authorized by such Covered Person to make such payments directly to such Providers. However, Claim Administrator reserves the right to pay any benefits that are payable under the terms of the Plan directly to the Covered Person or to the Provider furnishing Covered Services at Claim Administrator's option and in its sole discretion. Claim Administrator's decision to pay a Provider directly is not intended to waive and shall not constitute a waiver of the prohibition on assignment described in 10.3, below. All benefits payable to the Covered Person which remain unpaid at the time of the death of the Covered Person will be Paid to the estate of the Covered Person. 10.2 Claim dispute. Once Covered Services are rendered by a Provider, the Covered Person has no right to request Claim Administrator not to pay the Claim submitted by such Provider and no such request by a Covered Person or his agent will be given effect. Furthermore, Claim Administrator will have no liability to the Covered Person or any other person because of its rejection of such request. -10.3- Plan coverage assignment -Neither coverage under the -Plan -nor a -Covered Person's-claims-orrights under -- the Plan, including but not limited to claims for payment of benefits, are assignable in whole or in part to any person or entity at any time, and any such assignments shall be considered void. Coverage under the Plan is expressly non -assignable or non -transferable and will be forfeited if a Covered Person attempts to assign or transfer coverage or aids or attempts to aid any other person in fraudulently obtaining coverage under the Plan. However, if Claim Administrator makes payment because of a person's wrongful use of the identification card of a Covered Person, such payment will be considered a proper payment and Claim Administrator will have no obligation to pursue recovery of such payment. HCSC TX Gen ASA Med Rev. 8.16 26 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written -permission of Claim Administrator. SECTION 11: COVERED PERSONIPROVIDER RELATIONSHIP 11.1 Choosing a Provider. The choice of a Provider is solely the choice of the Covered Person and Claim Administrator will not interfere with the Covered Person's relationship with any Provider. 11.2 Claim Administrator's role. It is expressly understood that Claim Administrator does not itself undertake to furnish Hospital, medical or dental service, but acts solely to make payment to a Provider for the Covered Services received by Covered Persons. Claim Administrator is not in any event liable for any act or omission of any Provider or the agent or employee of such Provider, including, but not limited to, the failure or refusal to render services to a Covered Person. Professional services which can only be legally performed by a Provider are not provided by Claim Administrator. Any contractual relationship between a Provider and Claim Administrator shall not be construed to mean that Claim Administrator is providing professional service. 11.3 If point—of—service coverage applies. If coverage under a Network point—of—service managed care health benefits program is applicable to the Plan under the Agreement, the following apply: a. Physician Selection. A Covered Person shall be entitled to select a Primary Care Physician through the Plan to act as the Covered Person's principal care giver and to provide or arrange for the provision of medical care. b. Changing Physician Selection. Both the Covered Person and the Primary Care Physician may request a change from one Primary Care Physician to another by notifying Claim Administrator of the desire to change; provided, however, such a request by a Primary Care Physician shall not be based upon the type, amount or cost of services required by the Covered Person or the physical condition of the Covered Person except where reasonably necessary to provide optimal medical care. 11.4 Intent of terminology. The use of an adjective such as Approved, Administrator, Participating, In—Network or Network in modifying a Provider shall in no way be construed as a recommendation, referral or any other statement as to the ability or quality of such Provider. In addition, the omission, non-use or non -designation of Approved, Administrator, Participating, In—Network, Network or any similar modifier or the use of a term such as Non—Approved, Non—Administrator, Non—Participating, Out—of—Network or Non—Network should not be construed as carrying any statement or inference, negative or positive, as to the skill or quality of such Provider. 11.5 Provider's role. Each Provider provides Covered Services only to Covered Persons and does not otherwise interact with or provide any services to Employer (other than as an individual Covered Person) or the Plan. SECTION 12: LIMITED BENEFITS FOR NON—NETWORK PROVIDERS Regarding any comprehensive major medical coverage with access to Network Providers elected on the most current ASO BPA. Employer acknowledges that when Covered Persons elect to utilize the services of a non—Network professional Provider for a Covered Service in non—emergency situations, benefit payments to such non—Network professional Provider are not based upon the amount billed. The basis of the benefit payment will be determined according to the Plan's Fee Schedule, usual and customary charge (which is determined by comparing charges for similar services adjusted to the geographical area where the services are performed), or other method as defined under the Plan. Non—Network Providers may bill the Plan's Covered Person for any amount up to the billed charge after Claim Administrator has paid the Plan's portion of the bill. Network Providers have agreed to accept discounted payments for services with no additional billing to the Covered Person other than Coinsurance and deductible amounts. A Covered Person may obtain further information about the Network status of professional Providersand information on out—of=pocket.expenses by -calling -the -toll -free -number on their identification card.--- SECTION ard.__ SECTION 13: CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL ARRANGEMENTS WITH PRESCRIPTION DRUG PROVIDERS 13.1 All amounts payable to Claim Administrator by Employer for Claim Payments provided by Claim Administrator under the pharmacy benefit and applicable service charges pursuant to the terms of the Agreement and all required, deductible and Coinsurance amounts under the Agreement shall be calculated on the basis of the HCSC Tx Gen ASA Med Rev. 8.16 27 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator) vol / lo� Allowable Amount or the agreed upon cost between the Participating Prescription Drug Provider, and Claim Administrator, whichever is less. 13.2 Claim Administrator hereby informs Employer and all Covered Persons that it has contracts, either directly or indirectly, with prescription drug Providers ("Participating Prescription Drug Providers") for the provision of, and paymentfor, prescription drug services to all persons entitled to prescription drug benefits under individual certificates, group health insurance policies and contracts to which Claim Administrator is a party, including the Covered Persons under the Agreement, and that pursuant to Claim Administrator's contracts with Participating Prescription Drug Providers, under certain circumstances described therein, Claim Administrator may receive discounts for prescription drugs dispensed to Covered Persons under the Agreement. Actual Network savings achieved by Employer will vary. Some rates are currently based on benchmark prices including, but not limited to, Wholesale Acquisition Cost ("WAC"), Average Sales Price ("ASP") and Average Wholesale Price ("AWP"), which are determined by third parties and are subject to change. 13.3 Employer understands that Claim Administrator may receive such discounts during the term of the Agreement. Neither Employer nor Covered Persons hereunder are entitled to receive any portion of any such discounts except as such items may be indirectly or directly reflected in the service charges specified in the Agreement. The drug fees/discounts that Claim Administrator has negotiated with Prime Therapeutics LLC ("Prime") through the Pharmacy Benefit Management (PBM) Agreement, will be passed -through to Employer for both retail and mail/specialty drugs. Except for mail/specialty drugs, the PBM Agreement requires that the fees/discounts that Prime has negotiated with pharmacies (or other suppliers) are passed -through to Claim Administrator (and ultimately to Employer as described above). For the mail pharmacy and specialty pharmacy program owned by Prime, Prime retains the difference between its acquisition cost and the negotiated prices as its fee for the various administrative services provided as part of the mail pharmacy and/or specialty pharmacy program. Claim Administrator pays a fee to Prime for pharmacy benefit services, which is reflected in the Administrative Charge charged by Claim Administrator to Employer. A portion of Prime's PBM fees are tied to certain performance standards, including, but not limited to, Claims processing, customer service response, and mail-order processing. 13.4 "Weighted Paid Claim" refers to the methodology of counting claims for purposes of determining Claim Administrator's fee payment to Prime. Each retail (including claims dispensed through PBM's specialty pharmacy program) paid claim will be weighted according to the days' supply dispensed. A paid claim is weighted in 34 day supply increments so a 1-34 days' supply is considered 1 weighted claim, a 35-68 days' supply is considered 2 weighted claims, and the pattern continues up to 6 weighted claims for 171 or more days' supply. Claim Administrator pays Prime a Program Management Fee ("PMF") on a per weighted claim basis. 13.5 The amounts received by Prime from Claim Administrator, pharmacies, manufacturers or other third parties may be revised from time to time. Some of the amounts received by Prime may be charged each time a claim is processed (or, in some instances, requested to be processed) through Prime and/or each time a prescription is filled, and include, but are not limited to, administrative fees charged by Prime to Claim Administrator (as described above), administrative fees charged by Prime to pharmacies, and administrative fees charged by Prime to pharmaceutical manufacturers. Currently, none of these fees will be passed on to Employer as expenses, or accrue to the benefit of Employer, unless otherwise specifically set forth in the Agreement. Additional information about these types of fees or the amount of these fees is available upon request. SECTION 14: CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL ARRANGEMENTS WITH PHARMACY BENEFIT MANAGERS 14.1. Claim_ Administrator hereby-informs-Employer_and all_Covered_Persons that it owns-2-Significantportion of the - equity of Prime and that Claim Administrator has entered into one or more agreements with Prime or other entities (collectively referred to as "Pharmacy Benefit Managers"), for the provision of, and payment for, prescription drug benefits to all persons entitled to prescription drug benefits under individual certificates, group health insurance policies and contracts to which Claim Administrator is a party, including the Covered Persons under the Agreement. Pharmacy Benefit Managers have agreements with pharmaceutical manufacturers to receive rebates for using their products. In addition, Prime's mail order pharmacy and other PBM services operate through the same entity, Prime Therapeutics LLC. HCSC TX Gen ASA Med Rev. 8.16 28 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except.with written permission of Claim Administrator. Voll e 14.2 The Pharmacy Benefit Manager(s) ("PBM") negotiates rebate contracts with pharmaceutical manufacturers and has agreed to provide rebates made available pursuant to such contracts to the Claim Administrator under the PBM's agreement with Claim Administrator. This negotiation is conducted by the PBM for the benefit of Claim Administrator and not forthe benefit of the Employer or Covered Persons. The PBM collects the rebates from the pharmaceutical manufacturers, for drugs covered under both the prescription drug program and medical benefit, and forwards the entire amount collected to Claim Administrator (other than any interest or late fees earned on rebates received from manufacturers, which the PBM retains). Each year, Claim Administrator will calculate a projection of the amount of rebates it expects to receive from the PBM. Such projections are referred to as the "Expected Rebates'. Expected Rebates are calculated based on a number of factors and projections for the Fee Schedule Period, such as Employer -specific demographics, retail, mail order and specialty pharmacy utilization, cost of prescription drugs, the Employer's benefit design, and rebate arrangements entered into by the PBM, none of which Claim Administrator directly controls. Claim Administrator's estimate of the Expected Rebates is set forth in the proposal or renewal packet, as appropriate, which is hereby incorporated into this Agreement. Rebates, like all Claim Administrator assets and revenue sources, are utilized by Claim Administrator in various ways to enable Claim Administrator to provide cost- effective products and services. Additional information about rebates, the PBM and the Rebate Credit will be available upon request. The Claim Administrator may provide the Employerwith a Rebate Credit, the amount of which is set forth in the ASO BPA. The Rebate Credit provided to Employer will be provided from Claim Administrator's own assets and may or may not equal the entire amount of rebates provided to Claim Administrator by the PBM. The Employer acknowledges that it has negotiated for the specific Rebate Credit included as part of this Agreement and that it and its group health plan have no right to, or legal interest in, any portion of the rebates provided by the PBM to Claim Administrator and consents to Claim Administrator's retention of all such rebates. Rebate Credits shall not continue after termination of the prescription drug program. 14.3 The maximum that a Pharmacy Benefit Manager will receive from any pharmaceutical manufacturer for manufacturer administrative fees will be three percent (3%) of the total rebatable sales for all products of such manufacturer dispensed during any given calendar year to members of Claim Administrator and to members of the other Blue Cross and/or Blue Shield operating divisions of Health Care Service Corporation. SECTION 15: INTER -PLAN ARRANGEMENTS 15.1 Out -of -Area Services Claim Administrator has a variety of relationships with other Blue Cross and/or Blue Shield licensees referred to generally as "Inter -Plan Arrangements." These Inter -Plan Arrangements operate under rules and procedures issued by the Association. Whenever Covered Persons access healthcare services outside the geographic area Claim Administrator serves, the Claim for those services may be processed through one of these Inter -Plan Arrangements. The Inter -Plan Arrangements are described generally below. Claim Administrator's services under this Agreement are governed by and subject to the triter -Plan Arrangements rules in effect during the term of this Agreement, and a Host Blue is neither the agent nor the subcontractor of Claim Administrator. Typically, when accessing care outside the geographic area Claim Administrator serves, Covered Persons obtain care from Participating Healthcare Providers. In some instances, Covered Persons mayobtain care from Non -Participating Healthcare Providers. Claim Administrator remains responsible for fulfilling its contractual obligations to Employer. Claim Administrator's payment practices in both instances are described below. This disclosure describes how Claims are administered for Inter -Plan Arrangements and the fees that are charged in -connection with the Inter -Plan Arrangements. Dental care benefits,_ when paid as stand-alone benefits, and prescription drug benefits or vision care benefits that may be administered by a third party contracted by Claim Administrator to provide the specific service or services are not processed through Inter - Plan Arrangements. 15.2 BlueCard' Program The BlueCard® Program is an Inter -Plan Arrangement. Under this Arrangement, when Covered Persons access Covered Services within the geographic area served by a Host Blue, the Host Blue will be responsible for contracting and handling all interactions with its Participating Healthcare Providers. The financial terms of HCSC TX Gen ASA Med Rev, 8.16 29 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated.companies and third party representatives, except with.written permission of Claim Administrator. �Z,/ I � 7 It the BlueCard Program are described generally below. Individual circumstances may arise that are not directly covered by this description; however, in those instances, Claim Administrator's action will be consistent with the spirit of this description. a. Liability Calculation Method– In General (1) Covered Person Liability Calculation. Unless subject to a fixed dollar Copayment, the calculation of the Covered Person's liability on Claims for Covered Services will be based on the lower of the Participating Healthcare Provider's billed charges for Covered Services or the negotiated price made available to Claim Administrator by the Host Blue. (2) Employer's Liability Calculation. The calculation of Employer's liability on Claims for Covered Services processed through the BlueCard Program will be based on the negotiated price made available to Claim Administrator by the Host Blue. Sometimes, this negotiated price may, for a particular service or services, exceed the billed charge in accordance with how the Host Blue has negotiated with its Participating Healthcare Provider(s) for specific healthcare services. In cases where the negotiated price exceeds the billed charge, Employer may be liable for the excess amount even when the Covered Person's deductible has not been satisfied. This excess amount reflects an amount that may be necessary to secure (a) the Provider's participation in the Network and/or (b) the overall discount negotiated by the Host Blue. In such a case, the entire contracted price is paid to the Provider, even when the contracted price is greater than the billed charge. b. Claims Pricing Host Blues determine a negotiated price, which is reflected in the terms of each Host Blue's Provider contracts. The negotiated price made available to Claim Administrator by the Host Blue may be represented by one of the following: (1) An actual price. An actual price is a negotiated rate of payment in effect at the time a Claim is processed without any other increases or decreases; or (2) An estimated price. An estimated price is a negotiated rate of payment in effect at the time a Claim is processed, reduced or increased by a percentage to take into account certain payments negotiated with the Provider and other Claim- and non -Claim -related transactions. Such transactions may include, but are not limited to, anti -fraud and abuse recoveries, Provider refunds not applied on a Claim -specific basis, retrospective settlements, and performance -related bonuses or incentives; or (3) An average price. An average price is a percentage of billed charges for Covered Services in effect at the time a Claim is processed representing the aggregate payments negotiated by the Host Blue with all of its healthcare Providers or a similar classification of its Providers and other Claim- and non -Claim -related transactions. Such transactions may include the same ones as noted above for an estimated price. The Host Blue determines whether it will use an actual, estimated or an average price. The use of estimated or average pricing may result in a difference (positive or negative) between the price Employer pays on a specific Claim and the actual amount the Host Blue pays to the Provider. However, the BlueCard Program requires that the amount paid by the Covered Person and Employer is a final price; no future price adjustment will result in increases or decreases to the pricing of past Claims. Any positive or negative differences in estimated or average pricing are accounted for through variance accounts maintained by the Host Blue and are incorporated into future Claim prices. As a result, the -- -- -- -amounts-charged-to-Employer-will-be-adjusted-in-a-following-year,–as-necessary,–to-account-for-over-or— ---- under-estimation of the past years' prices. The Host Blue will not receive compensation from how the estimated price or average price methods, described above, are calculated. Because all amounts paid are final, neither positive variance account amounts (funds available to be paid in the following year), nor negative variance amounts (the funds needed to be received in the following year), are due to or from Employer. If Employer terminates, Employer will not receive a refund or charge from the variance account. Variance account balances are small amounts relative to the overall paid Claims amounts and will be liquidated/drawn down over time. The timeframe for the liquidation depends on variables, including, but not HCSC TX Gen ASA Med Rev. 8.16 30 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with, written permission of Claim Administrator. Vol t limited to, overall volume/number of Claims processed and variance account balance. Variance account balances may earn interest at the federal funds or similar rate. Host Blues may retain interest earned on funds held in variance accounts. c. BlueCard Program Fees and Compensation Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under the BlueCard Program to pay to the Host Blues, to the Association, and/or to vendors of the BlueCard Program -related services. The specific BlueCard Program fees and compensation that are charged to Employer are set forth in the most current ASO BPA. The specific BlueCard Program fees and compensation may be revised from time to time as described in Section 15.9 below. Claim Administrator will charge these fees as follows: (1) BlueCard Program Access Fees The access fee is charged by the Host Blue to Claim Administrator for making its applicable Provider Network available to Employer. A BlueCard Program access fee may be charged only if the Host Blue's arrangement with its healthcare provider prohibits billing Covered Persons for amounts in excess of the negotiated payment. However, a healthcare provider may bill for non -covered healthcare services and for Covered Person cost sharing (for example, deductibles, Copayments, and/or Coinsurance) related to a particular Claim. (2) How the BlueCard Program Access Fee Affects Employer When Claim Administrator is charged a BlueCard Program access fee, Claim Administrator may pass the charge along to Employer as a Claim expense or as a separate amount. The access fee will not exceed $2,000 for any Claim. If Claim Administrator receives an access fee credit, Claim Administrator will give Employer a Claim expense creditor a separate credit. Instances may occur in which the Claim payment is zero or Claim Administrator pays only a small amount because the amounts eligible for payment were applied to patient cost sharing (such as a deductible or coinsurance). In these instances, Claim Administrator will pay the Host Blue's access fee and pass it along to Employer as stated above even though Employer paid little or had no Claim liability. 15.3 Negotiated Arrangements With respect to one or more Host Plans, instead of using the BlueCard Program, Claim Administrator may process Employer's Covered Persons' Claims for Covered Services through a Negotiated Arrangement. Pursuant to such a Negotiated Arrangements, the Host Blue(s) has/have agreed to provide, on Claim Administrator's behalf, Claim Payments and certain administrative services for those Covered Persons of Employer receiving Covered Services in the state and/or service area of the Host Blue(s). Pursuant to the agreement between Claim Administrator and the Host Blue(s), Claim Administrator has agreed to reimburse each Host Blue for all Claim Payments made on Claim Administrator's behalf for those Covered Persons of Employer receiving Covered Services in the state and/or service area of such Host Blue. In addition, if Claim Administrator and Employer have agreed that (a) Host Blue(s) shall make available (a) custom healthcare Provider Network(s) in connection with this Agreement, then the terms and conditions set forth in Claim Administrator's Negotiated Arrangement(s) for national accounts with such Host Blue(s) shall apply. These include the provisions governing the processing and payment of claims when Covered Persons access such networks, In negotiating such arrangement(s), Claim Administrator is not acting on behalf of or as an agent for Employer, Employer's Plan or Employer's Covered Persons. ------ a. ---Covered Person -and-Employer -Liability-Calculation— _—_- Covered Person liability calculation will be based on the lower of either billed charges for Covered Services or negotiated price (refer to the description of negotiated price under 15.2.a., BlueCard Program) that the Host Blue makes available to Claim Administrator and that allows Employer's Covered Persons access to negotiated participation agreement Networks of specified Participating Healthcare Providers outside of Claim Administrator's service area. Employer's liability calculation will be based on the negotiated price (refer to the description of negotiated price under 15.2.a, BlueCard Program). HCSC TX Gen ASA Med Rev. 8.16 31 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliatedcompaniesand third party representatives, except with written, permission of Claim Administrator. a � >?g __ Employer acknowledges that pursuant to the Host Blue's contracts with Host Blues' Participating Healthcare Providers, under certain circumstances described therein, the Host Blue (i) may receive substantial payment from Host Blues' Participating Healthcare Providers with respect to services rendered to such Covered Persons for which the Host Blue was initially obligated to pay the Host Blues' Participating Healthcare Providers, (ii) may pay Host Blues' Participating Healthcare Providers more or less than their billed charges for services, by discounts or otherwise, or (iii) may receive from Host Blues' Participating Healthcare Providers other allowances under the Host Blue's contracts with them. One example of this is quality improvement programs/payments. If charged by the Host Blue to Claim Administrator, Employer shall reimburse Claim Administrator for any payments made to the Host Blue, unless otherwise set forth in the Agreement's Fee Schedule, including "Claim -like' charges, which are those charges for payments to Host Blues' Participating Healthcare Providers on other than a fee for services basis which include, but are not limited to, incentive payments. Employer acknowledges that, in negotiating the Administrative Charge set forth in the Agreement's Fee Schedule, it has taken into consideration that, among other things, the Host Blue may receive such payments, discounts and/or other allowances during the term of its agreement with Claim Administrator. Further, all amounts payable by Covered Person and Employer shall be calculated on the basis described in this subsection, irrespective of any separate financial arrangement between the Host Blue's Participating Healthcare Provider that rendered the applicable Covered Service and the Host Blue other than the negotiated price as described in this subsection. Fees and Compensation Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under applicable Inter -Plan Arrangement requirements to pay to the Host Blues, to the Association, and/or to vendors of Inter -Plan Arrangement -related services. Fees and compensation under applicable Inter -Plan Arrangements may be revised from time to time as described in Section 15.9 below. In addition, the participation agreement with the Host Blue may provide that Claim Administrator must pay an administrative and/or a network access fee to the Host Blue, and Employerfurther agrees to reimburse Claim Administrator for any such applicable administrative and/or network access fees. The specific fees and compensation that are charged to Employer under Negotiated Arrangements are set forth in the most current ASO BPA. 15.4 Special Cases: Value -Based Programs a. Value -Based Programs Overview Employer's Covered Persons may access Covered Services from Providers that participate in a Host Blue's Value -Based Program. Value -Based Programs may be delivered either through the BlueCard Program or a Negotiated Arrangement. These Value -Based Programs may include, but are not limited to, Accountable Care Organizations, Global Payment/Total Cost of Care arrangements, Patient Centered Medical Homes and Shared Savings arrangements. b. Value -Based Programs under the BlueCard Program (1) Value -Based Programs Administration Under Value -Based Programs, a Host Blue may pay Providers for reaching agreed-upon cost/quality goals in the following ways: retrospective settlements, Provider Incentives, a share of target savings, Care Coordinator Fees and/or other allowed amounts. The Host Blue may pass these Provider payments to Claim Administrator, which Claim Administrator will pass on to Employer in the form of either an amount rnoluded-in the p"ric"e of the Claim—or—ann amouhtcharged-separatelyin addition-to-the— Claim. additiontotheClaim. When such amounts are included in the price of the Claim, the Claim may be billed using one of the following pricing methods, as determined by a Host Blue: a) Actual Pricing: The charge to accounts for Value -Based Programs incentives/Shared Savings settlements is part of the Claim. These charges are passed to Employer via an enhanced Provider fee schedule. HCSC TX Gen ASA Med Rev. 8.16 32 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliatedcompanies and third party representatives, except with written----" per ssion of Claim Administrator. V vd zl,,2- s b) Supplemental Factor., The charge to accounts for Value -Based Programs incentiveslShared Savings settlements is a supplemental amount that is included in the Claim as an amount based on a specified supplemental factor (e.g. a small percentage increase in the claim amount). The supplemental factor may be adjusted from time to time. When such amounts are billed separately from the price of the Claim, they may be billed as Per Member Per Month ("PMPM") billings for Value -Based Programs incentives/Shared Savings settlements to accounts outside of the Claim system. Claim Administrator will pass these Host Blue charges directly through to Employer as a separately identified amount on the group billings. The amounts used to calculate either the supplemental factors for estimated pricing or PMPM billings are fixed amounts that are estimated to be necessary to finance the cost of a particular Value -Based Program. Because amounts are estimates, there may be positive or negative differences based on actual experience, and such differences will be accounted for in a variance account maintained by the Host Blue (in the same manner as described in the BlueCard Claim pricing section above) until the end of the applicable Value -Based Program payment and/or reconciliation measurement period. The amounts needed to fund a Value -Based Program may be changed before the end of the measurement period if it is determined that amounts being collected are projected to exceed the amount necessary to fund the program or if they are projected to be insufficient to fund the program. At the end of the Value -Based Program payment and/or reconciliation measurement period for these arrangements, Hast Blues will take one of the following actions: a) Use any surplus in funds in the variance account to fund Value -Based Program payments or reconciliation amounts in the next measurement period. b) Address any deficit in funds in the variance account through an adjustment to the PMPM billing amount or the reconciliation billing amount for the next measurement period. The Host Blue will not receive compensation resulting from how estimated average or PMPM price methods, described above, are calculated. If Employer terminates, Employer will not receive a refund or charge from the variance account. This is because any resulting surpluses or deficits would be eventually exhausted through prospective adjustment to the settlement billings in the case of Value - Based Programs. The measurement period for determining these surpluses or deficits may differ from the term of this Agreement. Variance account balances are small amounts relative to the overall paid Claims amounts and will be liquidated/drawn down over time. The timeframe for the liquidation depends on variables, including, but not limited to, overall volume/number of Claims processed and variance account balance. Variance account balances may earn interest, and interest is earned at the federal funds or similar rate. Host Blues may retain interest earned on funds in variance accounts. Note: Covered Persons will not bear any portion of the cast of Value -Based Programs except when a Host Blue uses either average pricing or actual pricing to pay Providers under Value -Based Programs. (2) Care Coordinator Fees Host Blues may also bill Claim Administrator for Care Coordinator Fees for Provider services which Claim Administrator will pass onto Employer as follows: a) PMPM billings; or b) Individual Claim billings through applicable Care Coordination codes from the most current editions of either Current Procedural Terminology (CPT) published by the American Medical Association (AMA) or Healthcare Common Procedure Coding System (HCPCS) published by the US Centers for Medicare and Medicaid Services (CMS). As part of this Agreement, Claim Administrator and Ernployer will not impose Cove eedYerson cost sharing for Care Coordinator Fees. C. Value -Based Programs under Negotiated Arrangements If Claim Administrator has entered into a Negotiated Arrangement with a Host Blue to provide Value - Based Programs to Employer's Covered Persons, Claim Administrator will follow the same procedures for Value -Based Programs administration and Care Coordinator Fees as noted in BlueCard Program section. HCSC TX Gen ASA Med Rev. 9.16 33 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written. permission of Claim Administrafor." Vol rcg 171 15.5 Return of Overpayments Recoveries from a Host Blue or its Participating Healthcare Providers and Non -Participating Healthcare Providers can arise in several ways, including, but not limited to, anti -fraud and abuse recoveries, healthcare Provider/Hospital bill audits, credit balance audits, utilization review refunds, and unsolicited refunds. Recoveries will be applied, in general, on either a claim -by -claim or prospective basis. In some cases, the Host Blue will engage a third party to assist in identification or collection of recovery amounts. The fees of such a third party may be charged to Employer. Unless otherwise agreed to by the Host Blue, for retroactive cancellations of membership, Claim Administrator may request the Host Blue to provide full refunds from Participating Healthcare Providers for a period of only one year after the date of the Inter -Plan financial settlement process for the original Claim. For Care Coordinator Fees associated with Value -Based Programs, Claim Administrator may request such refunds for a period of only up to ninety (90) days from the termination notice transaction on the payment innovations delivery platform. In some cases, recovery of Claim Payments associated with a retroactive cancellation may not be possible if, as an example, the recovery (a) conflicts with the Host Blue's state law or healthcare Provider contracts, (b) would result from Shared Savings and/or Provider Incentive arrangements, or (c) would jeopardize the Host Blue's relationship with its Participating Healthcare Providers, notwithstanding to the contrary any other provision of this Agreement. 15.6 Inter -Plan Arrangements: Federal/State Taxes/Surcharges/Fees In some instances federal or state laws or regulations may impose a surcharge, tax or other fee that applies to self-funded accounts. If applicable, Claim Administrator will include any such surcharge, tax or other fee to Employer, which will be Employer's liability. 15.7 Non -Participating Healthcare Providers Outside Claim Administrator's Service Area a. Covered Person Liability Calculation (1) In General When Covered Services are provided outside of Claim Administrator's service area by Non - Participating Healthcare Providers, the amount(s) a Covered Person pays for such services will be calculated using the methodology described in the Agreement for Non -Participating Providers located inside Claim Administrator's service area or the pricing requirements required by applicable law. The Covered Person may be responsible for the difference between the amount that the Non -Participating Healthcare Provider bills and the payment Claim Administrator will make for the Covered Services as set forth in this paragraph. (2) Exceptions In some exception cases, Claim Administrator may, but is not required to, in its sole and absolute discretion, negotiate a payment with such Non -Participating Healthcare Provider on an exception basis. b. Fees and Compensation Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under applicable Inter -Plan Arrangements requirements to pay to the Host Blues, to the Association, and/or to vendors of Inter -Plan Arrangements related services. Fees and compensation under applicable Inter -Plan Arrangements may be revised from time to time as provided in Section 15.9 below. 15.8 BlueCard Worldwide® Program a. General information -----If Govered-Persons-are outside the United -States; the -Commonwealth -of -Puerto -Rice and -the -U-S.—Virgin----- Islands (hereinafter: "BlueCard Service Area"), the Covered Persons may be able to take advantage of the BlueCard Worldwide Program when accessing Covered Services. The BlueCard Worldwide Program is unlike the BlueCard Program available in the BlueCard Service Area in certain ways. For instance, although the BlueCard Worldwide Program assists Covered Persons with accessing a network of Inpatient, Outpatient and professional Providers, the network is not served by a Host Blue. As such, when Covered Persons receive care from Providers outside the BlueCard Service Area, the Covered HCSC TX Gen ASA Med Rev. 8.16 34 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator. 1 Vol Persons will typically have to pay the Providers and submit the Claims themselves to obtain reimbursement for these services. (1) Inpatient Services In most cases, if Covered Persons contact the BlueCard Worldwide Service Center for assistance, Hospitals will not require Covered Persons to pay for covered Inpatient services, except for their cost -share amounts/deductibles, Coinsurance, etc. In such cases, the Hospital will submit the Covered Person's Claims to the BlueCard Worldwide Service Center to initiate Claims processing. However, if the Covered Person paid in full at the time of service, the Covered Person must submit a Claim to obtain reimbursement for Covered Services Covered Persons must contact Claim Administrator to obtain preauthorization/precertification for non -emergency Inpatient services, if Employer's Plan requires preauthorization or precertification for such services. (2) Outpatient Services Physicians, urgent care centers and other Outpatient Providers located outside the BlueCard Service Area will typically require Covered Persons to pay in full at the time of service. Covered Persons must submit a Claim to obtain reimbursement for Covered Services. (3) Submitting a BlueCard Worldwide Claim When Covered Persons pay for Covered Services outside the BlueCard Service Area, they must submit a Claim to obtain reimbursement. For institutional and professional Claims, Covered Persons should complete a BlueCard Worldwide International Claim form and send the Claim form with the Provider's itemized bill(s) to the BlueCard Worldwide Service Center address on the form to initiate Claims processing. The Claim form is available from Claim Administrator, the BlueCard Worldwide Service Center or online at www.bluecardworldwide.com. If Covered Persons need assistance with their Claim submissions, they should call the BlueCard Worldwide Service Center at 1.800.810.BLUE (253) or call collect at 1.804.673.1177, 24 hours a day, seven days a week. b. BlueCard Worldwide Program -Related Fees Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under applicable Inter -Plan Arrangement requirements to pay to the Host Blues, to the Association and/or to vendors of Inter -Plan Arrangement -related services. The specific fees and compensation that are charged to Employer under the BlueCard Worldwide Program are available upon request. Fees and compensation under applicable Inter -Plan Arrangements may be revised from time to time as provided for in Section 15.9 below. 15.9 Modifications or Changes to Inter -Plan Arrangement Fees or Compensation Modifications or changes to Inter -Plan Arrangement fees are generally made effective Jan. 1 of the calendar year, but they may occur at any time during the year. In the case of any such modifications or changes, Claim Administrator shall provide Employer with at least thirty (30) days' advance written notice of any modification or change to such Inter -Plan Arrangement fees or compensation describing the change and the effective date thereof and Employer's right to terminate this Agreement without penalty by giving written notice of termination before the effective date of the change. If Employer fails to respond to the notice and does not terminate this Agreement during the notice period, Employer will be deemed to have approved the proposed changes, and Claim Administrator will then allow such modifications to become part of this Agreement. SECTION 16: MEDICARE SECONDARY PAYER INFORMATION REPORTING 16.1 Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) (P.L.110-173) adds new mandatory reporting requirements for group health plan ("GHP") arrangements. The parties agree that Claim Administrator as the Responsible Reporting Entity (°RRE") under Section 111 requirements is required to report information to the Centers for Medicare & Medicaid Services ("CMS") about individuals enrolled in the GHP who are also covered by Medicare so that CMS and Claim Administrator can effectively coordinate health care payments consistent with the MSP rules. HCSC TX Gen ASA Med Rev. 8.16 35 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party —ator. representatives, except with written permission of Claim Administrator. I 16.2 Employer hereby authorizes and directs Claim Administrator to disclose to CMS periodically, information pertaining to Medicare eligible Covered Persons under the Plan. 16.3 Employer agrees that Claim Administrators ability to make accurate primary/secondary MSP determinations depends on the breadth and accuracy of Claim Administrator's files concerning Covered Persons and the number of individuals employed by Employer. Employer agrees to use its best efforts in responding promptly and accurately to Claim Administrator's requests for information. 16.4 Further, to assure the continuing accuracy of Claim Administrator's files, Employer agrees that it is Employer's responsibility to notify Claim Administrator promptly as may be required for such continuing accuracy, of any change in the number of individuals employed by Employer or status of its employees that might affect the order of payment under the MSP statute, such as information regarding working—aged persons who retire and changes in the number of individuals employed by Employer that place it in, or take it out of, the scope of the MSP statute. Employer acknowledges and agrees that Claim Administrator will be using the information provided by Employer and Covered Persons to update Claim Administrator's files, and will also forward this information to CMS so that CMS can revise its file to reflect relevant changes in primary/secondary status. 16.5 Disclosure Statement: Employer acknowledges that Claim Administrator has furnished it with a copy of a pamphlet entitled "Information Regarding the Medicare Secondary Payer Statute" (also referred to as the "Disclosure Statement"), prepared by the Blue Cross and Blue Shield Association and reviewed by CMS, which administers Medicare. SECTION 17: REIMBURSEMENT PROVISION Applicable only if this service is elected in the Fee Schedule specifications of the most current Exhibit 4 - ASO BPA 17.1 If a Covered Person incurs expenses for sickness or injury that occurred due to the negligence of a third party and benefits are provided for Covered Services described in the Plan, the following provisions will apply: a. Claim Administrator on behalf of Employer has the right to reimbursement for all benefits Claim Administrator provided from any and all damages collected from the third party for those same expenses whether by action at law, settlement, or compromise, by the Covered Person, the Covered Person's parents, if the Covered Person is a minor, or the Covered Person's legal representative as a result of that sickness or injury, in the amount of the Provider's Allowable Amount for Covered Services for which Claim Administrator has provided benefits to the Covered Person. b. Claim Administrator is assigned the right to recover from the third party, or the third party's insurer, to the extent of the benefits Claim Administrator provided for that sickness or injury. 17.2 Claim Administrator shall have the right to first reimbursement out of all funds the Covered Person, the Covered Person's parents, if the Covered Person is a minor, or the Covered Person's legal representative is or was able to obtain for the same expenses for which Claim Administrator has provided benefits as a result of that sickness or injury. The Covered Person is required to furnish any information or assistance or provide any documents that Claim Administrator may reasonably require in order to obtain its rights under this provision. This provision applies whether or not the third party admits liability. SECTION 18: MEMBER DATA SHARING A Covered Person may, under certain circumstances, as specified below, apply for and obtain, subject to any applicable terms and conditions, replacement coverage. The replacement coverage will be that which is offered by whose service area covers the geographic area in which the Covered Person resides. The circumstances mentioned above may arise from involuntary termination of Covered Person's health coverage sponsored by Employer but solely as a result of a reduction in force, plan/office closing(s) or group health plan termination (in whole or in part). As part of the overall plan of benefits that Employer offers to a Covered Person, if the Covered Person does not reside in Claim Administrator's service area, Claim Administrator may facilitate a Covered Person's right to apply for and obtain such replacement coverage, subject to applicable eligibility requirements, from the Host Blue in which the Covered Person resides. To do this, Claim Administrator may (1) communicate directly with the Covered Persons and/or (2) provide the Host Blues whose service area covers the geographic area in which a. HCSC TX Gen ASA Med Rev. 8.16 36 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written -permission -of Claim Admi6is`trator. Covered Person resides, with a Covered Person's personal information and may also provide other general information relating to Covered Person's coverage underthe Plan and which Employer has with Claim Administrator to the extent reasonably necessary to enable the relevant Host Blues to offer a Covered Person coverage continuity through replacement coverage. HCSC TX Gen ASA Med Rev. 8.16 37 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written. permission /of -Claim A,ddministrat�r.L-, \/O l Y d I -q / �✓ EXHIBIT 3 RECOVERY LITIGATION AUTHORIZATION Employer hereby acknowledges and agrees that Claim Administrator may, at its election, pursue claims of Employer and/or the Plan, which are related to claims that Claim Administrator pursues on its own behalf, subject to the following terms and conditions: 1. Claim Administrator shall have the right to select and retain legal counsel. 2. Any lawsuit filed or arbitration initiated by Claim Administrator will be done in the name of Claim Administrator for its own benefit, as well as on behalf of Employer and possibly other parties. Claim Administrator will not cause any litigation to be filed or arbitration to be initiated in the name of Employer and/or the Plan without Employer's express advance consent. With such permission, any such litigation can be filed or arbitration initiated in the name of Employer and/or the Plan with attorneys identified as counsel for Employer or in the name of two or more parties, including Employer and Claim Administrator, with attorneys identified as counsel for Employer, Claim Administrator and possibly other parties. 3. The parties agree to cooperate with each other in pursuit of recovery efforts pursuant to the provisions of this Exhibit, including providing appropriate authority to communicate with Employer concerning issues pertaining to any class actions and pursuant to which Employer specifically declines representation by class litigation counsel. 4. Claim Administrator shall control any recovery strategy and decisions, including decisions to mediate, arbitrate or litigate. 5. Claim Administrator shall have the exclusive right to approve any and all settlements of any claims being mediated, arbitrated or litigated. 6. Any and all recoveries, net of all investigative and other expenses relating to the recovery, including costs of settlement, mediation, arbitration or litigation including attorney's fees, made through any means pursuant to the provisions of this Exhibit, including, but not limited to, settlement, mediation, arbitration or trial, will be prorated based upon each party's percentage interest in the recoverable compensatory monetary damages, which allocation shall be done by Claim Administrator on any reasonable basis it deems appropriate. 7. Any and all information, documents, communications or correspondence provided to or obtained by attorneys from either party, as well as communications, correspondence, conclusions and reports by or between attorneys and either party, shall be and are intended to remain privileged and confidential. Each party intends that the attorney—client and work product privileges shall apply to all information, documents, communications, correspondence, conclusions and reports to the full extent allowed by state or federal law. Claim Administrator shall be permitted to make such disclosures of such privileged and confidential information to law enforcement authorities as it deems necessary or appropriate in its sole discretion. Employer shall not waive the attorney— client privilege or otherwise disclose privileged or confidential information received in connection with the provisions of this Exhibit or cooperative efforts pursuant to the provisions of this Exhibit without the express written consent of Claim Administrator, 8. The discharge of attorneys by one party shall not disqualify or otherwise ethically prohibit the attorneys from continuing to represent the other party pursuant to the provisions of this Exhibit. 9. Nothing in the provisions of this Exhibit shall require Claim Administrator to assert any claims an behalf of Employer and/or the Plan. 10. Nothing in the provisions of this Exhibit and nothing in attorneys' statements to either party and/or the Plan will be construed as a promise or guarantee about the outcome of any particular litigation, mediation, arbitrafon or settlement negotiation; therefore, Employer acknowledges thatthe efforts of Cfaim Ad nmislrato may not result in recovery or in full recovery in any particular case. 11. The terms and conditions described herein shall survive the expiration or termination of the Agreement; however, nothing herein shall require Claim Administrator to assert any claims on Employer's and/or the Plan's behalf following the termination of the Agreement. If the Agreement is terminated after Claim Administrator has asserted a claim on behalf of Employer and/or the Plan but before any recovery, Claim Administrator may in its sole discretion continue to pursue the claim or discontinue the claim. HCSC TX Gen ASA Med Rev. 8.16 38 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Administrator....-_,_..-. r Vol 12. If Employer should desire to participate in a class or multi—district settlement rather than defer to Claim Administrator, Employer may reverse the exercise of discretion authorized herein by affirmatively opting into a class settlement and by notifying Claim Administrator of its decision in writing, immediately upon making such determination as provided for under Section 19 NOTICES of the Agreement. 13. Employer further acknowledges and agrees that, unless it notifies Claim Administrator to the contrary in writing as provided for under Section 19 NOTICES of the Agreement, it consents to the terms and conditions of this Exhibit and authorizes Claim Administrator, on behalf of Employer and/or the Plan, consistent with Section 2 above, to: a. Pursue, without advance notice to Employer, claims that Claim Administrator pursues on its own behalf in class action litigation, federal multi—district litigation, private lien resolution programs, or otherwise, including, but not limited to, antitrust, fraud, unfair and deceptive business or trade practice claims pursuant to and in accordance with the provisions of this Exhibit effective immediately; b. Opt out of any class action settlementor keep Employer and/or the Plan in the class, if Claim Administrator reasonably determines that it should do so; c. Investigate and pursue recovery of monies unlawfully, illegally or wrongfully obtained from the Plan. 14. Employer further acknowledges and agrees that Claim Administrator's decision to pursue recovery in connection with particular claims shall be in Claim Administrators sole discretion and Claim Administrator does not enter into this undertaking as a fiduciary of the Plan or its Covered Persons, but only in connection with its undertaking to pursue recovery of claims of Employer and/or the Plan when, as, and if, Claim Administrator determines that such claims may be pursued in the common interest of the parties. 15. Employer is responsible for ensuring that the terms of its health benefit plan are consistent with the terms of this Exhibit. 16. The parties agree in the event that the language in the Agreement shall be in conflict with this Exhibit, the provisions of this Exhibit shall prevail with respect to the subject matter hereof. HCSC TX Gen ASA Med Rev. 8.16 39 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except with written permission of Claim Admiuii6itor. 7 7 -._� EXHIBIT 4 ASO BENEFIT PROGRAM APPLICATION ("ASO SPA") HCSC TX Gen ASA Med Rev. 8.16 40 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except wiI th written permission of Claim Administrator. . AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS BY AND BETWEEN BRAZOS VALLEY FAIR & EXPOSITION AND COUNTY OF BRAZOS, STATE OF TEXAS THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL PERSONS BY THESE PRESENTS THIS AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS EXPOSITION, a Texas n nprofitnt") is made and ncorporat on ("Faitered into by r") ')and tCOUNTY OF RAZOS, STATE OF TEXAS ("County"), acting by and through duly authorized agents and offices, and is effective for all purposes on this October 1, 2016 ("Effective Date"). WITNESSETH WHEREAS, the County finds a public purpose in the encouragement, promotion, and maintenance of agricultural education, science, and research; and WHEREAS, the Fair was formed for educational, scientific and charitable purposes to encourage, promote and maintain agricultural science, research, and educational functions and to provide scholarships for youth participants ('Purpose"); and WHEREAS, the County has provided Funds (as defined herein) for the support of said Purpose; and WHEREAS, the Fair will provide educational programs and opportunities for the youth and adults of the community in the areas of agricultural science and research; and NOW, THEREFORE, for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged, the Fair and County agree as follows: AGREEMENT TERM. The Term of this Agreement shall be one (1) year from the Effective Date FUNDS. Fair shall be funded from certain available revenues generated pursuant to the Hotel Occupancy Tax, Texas Tax Code, Chapter 352, and shall be disbursed by the County during the Term of the Agreement. Fund disbursement shall be authorized by Hotel Occupancy Tax Committee, The County has no control or authority over the Funds and shall make no disbursements of said Funds without btel Occupancy Tax Committee authorization. FAIR EMPLOYEES. The County shall provide salaries in the proportions set forth in this Paragraph 3, for the following positions: 2016-2017 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTYFUNDS Final Page 1 r'9 �Z% or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 15. COUNTY INVOLVEMENT. The County and Fair state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest, direct or indirect, in this Agreement. 16. TERMINATION. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non - terminating party at the addresses listed below. 17. NOTICES. All notices to the Brazos Valley Fair & Exposition shall be sent by certified or registered mail, addressed to: Brazos Valley Fair & Exposition 200 South Texas Avenue, Suite 329 Bryan, Texas 77803 with a copy to: Fair General Manager 5827 Leonard Road Bryan, Texas 77807 All notices to County of Brazos shall be sent by certified or registered mail, addressed to: County of Brazos 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 18. ACCEPTANCE OF TERMS. The signature of both parties shall evidence acceptance of these terms. [SIGNATURES TO FOLLOW ON NEXT PAGE] 2016-2017 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final Page 4 V')J a 4 )- Forms provided by Texas Ethics Commission www.ethics.state.tx.us _�--_.,.-,,,,.,�g versionV1.u.ur CERTIFICATE OF INTERESTED PARTIES FORM 1295 lcfl Complete Nos. i - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-114705 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Brazos Valley Fair & Rodeo Bryan, TX United States Date Filed: 09/21/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to he provided under the contract. the contract, and provide a 17-226 Marketing Nature of interest 1 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there Is NO Interested Parry. ❑ X 6 VIXI swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. DARLAtV ,. =76:111111111 Nalli Public Nty comm ssian El qfw JUNE09,2 Signature of prized agent of contracting b ess entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said �I 1111 0..��1.� lC,� �,(.fJ�� , this the 20�to certify which, witness m d seal of office. day of Signature of officer administ ring oath Printed name of officer admirislering ea Title of officer iniste mg oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us _�--_.,.-,,,,.,�g versionV1.u.ur I A, AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2016 — September 30, 2017 This Agreement for Animal Shelter Services ("Agreement") is made this 127A day of .n k. hew, 2016 by and between The Aggieland Humane Society, Inc., a Texas non-profit corporation (herein the "Shelter") and Brazos County, Texas, a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County"). RECITALS Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility"); and Whereas, the County has a need of a facility to house animals, other than livestock, that it takes possession of throughout the County; Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the parties agree as,fellows: AGREEMENT 1. The County agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the Shelter for periods of time as required by State law and the applicable County orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The County agrees to pay to the Shelter an annual fee of $115,000.00 based upon the term of the Agreement. The fee shall be divided into twelve (12) payments to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred I o as "license fees." The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). 4. The County represents to the Shelter that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this Agreement is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos C01111g1 and Aggicland Humane Sociely, Lie. October 1, 2016—September 30, 2017 5. The County agrees that every animal delivered to the Shelter in accordance with this Agreement, shall become the sole and exclusive property of the Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that neither the County nor any agency nor agent of the County, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The County agrees, that the Shelter shall have the undisputed right, consistent with the orders of the County, to humanely dispose of every animal given into its custody in accordance with the Shelter's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The Shelter agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come into its care, custody and control. The County shall not accept a surrender of ownership of an animal by Its owner in the field. 7. The Shelter agrees to accept each and every stray animal delivered to the Facility located in Brazos County, Texas by the residents of the unincorporated areas of Brazos County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come in to its care, custody and control. 8. The Shelter agrees that it will make its Facility available to the County during Its open hours and during periods of closure for the purpose of delivering animals to the Shelter. 9. The Shelter agrees to provide to the County on or before the last day of each month during the term of this Agreement a statement of the number of dogs, cats and miscellaneous animals received by the Shelter from the County or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 10. The County reserves the right to require an audit of the records of the Shelter at any time deemed necessary for the limited purpose of verifying the number of animals registered or licensed and the number of animals attributable to the County and the length of stay of each such animal. 11. It is mutually agreed that the Shelter shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats, Animals delivered to the Shelter by the County for rabies observation shall be isolated for a period of time in accordance with State law. AGREEMENT FOR ANIMAL. SHELTER SERVICES Brazos County and Aggiclmtd Humane Society, Inc. October 1, 2016 — September 30, 2017 i 12. In the event animals are being held by the Shelter as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for any veterinarian invoices and medical bills incurred by the Shelter until the Court either awards the animal to the Shelter, orders it destroyed or orders it returned to its owner. The County shall not be liable for these costs in the event a court of competent jurisdiction orders the animal owner to pay such costs. 13. Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the County as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self- propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the County for its records. The Shelter agrees, to the extent allowed by law, to Indemnify and hold harmless the County from all claims, damages, or causes of action which might arise from any obligations of Shelter as outlined herein, and Shelter specifically agrees to indemnify the County against all claims, damages or causes of action which might arise as a result of acts, omissions County for respondeat superior or vicarious liability, arising out of Shelter's obligations under this Agreement. 14. The Shelter shall at all times in performance of its Agreement be considered as an independent contactor. Such status shall apply to all of the Shelter's officers, agents and employees and in no event shall the Shelter's officers, agents or employees be considered an employee of the County. 15. In the event the County fails to remit to the Shelter the fees due hereunder, the County shall be in default. The Shelter shall terminate the Agreement for non-payment of fees if the County has not cured the default after thirty (30) day written notice. 16. TAX EXEMPT STATUS: As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. AGREEb1ENT FOR AN 4 AL SHELTER SERVICES Brazos County and Aggietmnd Humane Society, Inc. October 1, 2016 — September 30, 2017 i 17. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be Brazos County. 18. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by County and Shelter to attempt to resolve any claim for breach of contract made by Shelter that cannot be resolved In the ordinary course of business. Shelter shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of Brazos County, who shall examine Shelter's claim and any counterclaim and negotiate with Shelter in an effort to resolve the claim. 19. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter Into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions, of third parties;_payment, of attorneys', fees;_dispute. resolution;_ indemnities; and confidentiality (collectively, the "Limitations"). Any terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 20. AUDITS: All records relating to the service provided under this Agreement and supporting. documentation for invoices submitted to County by the Shelter shall be retained and made available by the Shelter for audit by County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Shelter and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records. Shelter shall comply with such changes. County shall inform the Shelter in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Shelter shall retain such records until the audit is concluded and all issues resolved. Shelter shall provide County with copies of such audits that are conducted with respect to the Agreement. 21, AUDIT RESPONSIBILTY: The Shelter shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Agreement. The Shelter shall repay to County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Shelter recognizes and agrees that County may withhold any AGREEMENT FOR ANWAL SIMLTER SERVICES Brazos County and Aggielnad Humane Society, Inc. October 1, 2016— September 30, 2017 money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. 22. This Agreement is not assignable by either party. 23. This Agreement shall be for a term of one year commencing on October 1, 2016, and terminating on September 30, 2017. Either party may cancel this Agreement upon thirty (30) days written notice to the non -cancelling party. IN WITNESS WHEREOF, the said County and the said Shelter have hereunto caused their representative corporate names and seats to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: BR C Q XA Karreh McQueen, County Perk Duane Peters, County Judge AGGIELAND HUMANE SOCIETY Eat xbc0tiv Director AGREEN(ENT FOR ANIMAL SHELTER SERVICES lkzos County and Aggieland Humane Society, Ind. October 1, 2016 — September 30, 2017 5/ / Vol 7 ng 1 ��� 15b FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BIG BROTHERS BIG SISTERS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners hereinafter referred to as ("County") and BIG BROTHERS BIG SISTERS OF SOUTH TEXAS SERVING THE BRAZOS VALLEY, hereinafter referred to as ('EBBS") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1. 2016. RECITALS: WHEREAS, BBBS conducts is the oldest, largest and most effective youth mentoring organization in the United States. It has been the leader in one-to-one youth service for more than a century, developing positive relationships that have a direct and lasting impact on the lives of young people; and WHEREAS BBBS serves children, ages 6 through 16, in communities across the country — including Brazos County; and WHEREAS, BBBS seeks to help Brazos County children reach their potential through professionally supported, one-to-one relationships with measurable impact by providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and WHEREAS to accomplish the above stated public purposes, BBBS recruits, screens, trains and matches adult mentors with Brazos Valley youth who desire a mentoring relationship; and WHEREAS the County desires to assist BBBS in their efforts to promote the public purpose of providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT I. FUNDING BBBS will be funded by the County in the amount of $15,000.00 ("Funds") for the term of this Agreement. Big Brothers Big Sisters Agreement - - --Pagel of H. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 15` day of October, 2016, and terminating on the 30`h day of September, 2017. III. ACCOUNTING AND AUDIT BBBS will provide, no later than March 31, 2017 and August 31, 2017, a detailed account of how the Funds were expended in comportment with this Agreement. BBBS agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to BBBS have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and BBBS may be required to return to the County such Funds that were not properly expended. BBBS agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BBBS agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BBBS agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BBBS agrees that County, or its designated representative, shall further have the right to review and to copy any records -and -supporting documentation for prioryearsin which County provided funds to BBBS under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BBBS. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in BBBS annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by BBBS. IV. RECORD RETENTION BBBS shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to Big Brothers Big Sisters Agreement - - _m. __ F7 e 2 of 5 IVol P3�� be necessary for the Court to justify its continued participation in supporting BBBS with funding. V. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that BBBS shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VII. COUNTY INVOLVEMENT The County and BBBS state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect; in this Agreement: VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX, NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Big Brothers Big Sisters Terry Dougherty 315 Tauber St. College Station, TX 77840 Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Big Brothers Big Sisters Agreement ��rl /sly Page 3 of 5 X. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the BBBS without the prior written consent of the County. Big Brothers Big Sisters Agreement rVOI"y ._ __ Page 4 of WITNESS OUR HANDS this _� I tay of 2016. BIG BROTHERS BIG SISTERS OF SOUTH TEXAS Lv� c Terry Doug);erty, Auth6rizedoepresentative BRAZOS COUNTY, TEXAS Duane Peters, County Judge ATTEST: Karen McQueen, EMazos County Clerk Big Brothers Big Sisters Agreement ---.Page S of S ae / // I 60, FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissoners hereinafter referred to as ("County") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ("Club") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2016. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT I. FUNDING The Club will be funded by the County in the amount of $46,500.00 ("Funds") for the term of this Agreement. I[. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1'h` day of October, 2016, and terminating on the 30th day of September, 2017. III. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2017 and August 31, 2017, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. in the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Club have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and the Club may be required to return to the County such Funds that were not properly expended. Boys & Girls Clubs of Brazos ValleyAgreemenl Page I of 4 Val �'� � p3 The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Club. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall Identify issues that might not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. IV. RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in Its sole discretion, to be necessary for the Court to justify Its continued participation in supporting the Club with funding. V. INDEMNITY The parties agree to Indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the Club shall be an Independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. Bays & Girls Clubs ofBrazas ValleyAgreemeai Page 2 of 4 Vu. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Brazos County Tiffany S. Parker c/o Commissioners Court P.O. Box 524 200 So. Texas Ave. No. 310 Bryan, TX 77606 Bryan, Texas 77803 X. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of Itself. Its commissioners, officers, employees, or authorized representatives, XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Boys & Girls Clubs ofBrnros Valley Agreemeni Page 3 of 4 Xn. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. WITNESS OUR HANDS this PA day of � , 2016. BOYS & GIRLS CLUBS OF BRAZOS VALLEY Tiffat,%l Par r, Authorized Representative BRAZOS COUNTY, TEXAS a - �_' Duane Peters, County Judge Boys & Girls Clubs afBrasos YolleyAgreemenf ATTEST: Karen McQueen, Brazos County Clerk Page 4 of 4 AGREEMENT FOR FUNDING THIS A REEMENT FOR FUNDING ("Agreement") is entered into this?/]T day of , 2016, by and between BRAZOS COUNTY, Texas ("County") and the Brazos County Emergency Communications District("District"), pursuant to the authority TEX. GOV'T CODE ANN. Chapter 791 ("Texas Interlocal Government Cooperation Act"). RECITALS ., WHEREAS, pursuant to TEX;. HEALTH § SAFETY CODE ANN. § 772.301, et. seq., ("Emergency Telephone Number Act"), the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting found that it is mutually beneficial for the County and the District to enter into an agreement for the District to perform for the County, Emergency Communications Services Dispatching; WHEREAS, the District is willing to perform such services on behalf of the County; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other, made hereinafter, the undersigned parties agree as follows: AGREEMENT 1. Services. Effective October 1, 2016 the District is hereby appointed the emergency communications dispatching authority for the Brazos County Sheriffs Office, the Brazos County Constables and the Volunteer Fire Departments for the period October 1, 2016, through and including September 30, 2017. The District shall, in dispatching emergency service units of the County, do so in. accordance with the policies and, procedures. developed by the Sheriffs Office, theBrazosCounty Constables and the Volunteer Fire Departments to respond to such directives. Any changes, alterations or revisions of such policies and procedures by any of these County offices during the term of the Agreement shall be made in consultation with the District. No such changes, additions or alterations shall be made without the consent of the District, whichshallnot be unreasonably. withheld or conditioned. The County will provide the District access to the County's Law Enforcement Computer System to facilitate Law Enforcement Officers requests for warrant information. 2. Fee. The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of Nine. Hundred Seventy Eight Thousand Nine Hundred Thirty Four: and NO/100 Dollars ($978,934.00), payable in twelve (12) monthly installments. Should additional or expanded services, be requested by the County during the term of this Agreement, the parties agree to adjust the fee to accommodate such change. The County shall pay the full amount due within thirty (30) days of the County Auditor's receipt of an invoice from the District. All payments shall be subject to TEX. GOVT CODE ANN. § 2251.0001, et. seq. ("Texas Prompt Payment Act"). Should there Brazos County Emergency Communications District (911) Agreement Page ! of 4 - _ arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. The District shall encumber and hold in reserve a fund equal to three (3) months operating expenses. This reserve balance shall be reported to the Board of Managers on the District's monthly financial statements. 3. Business Records and Audit. All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to Brazos County by the District shall be retained and made available by the District for audit by Brazos County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by District and made available for any time period required by state or federal law. If changes -occur in the governing state or federal. law, regarding retention records, District shall comply with such changes.. Brazos County shall inform the District in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration. of such time periods required by state or federal law regarding retention of records, the District shall retain such records until the audit is concluded and all issues resolved. District shall provide Brazos County with copies of such audits that be conducted with respect to the Agreement. The District shall be responsible for receiving, replying to and/or complying with any, audit exception by appropriate federal, state or local audit directly related to the provision of this Agreement. The District shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The District recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. If an independent financial audit is performed, a management letter be prepared by the auditor as part of the process and a copy of said.management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the District's annual financial report, but which are of concern to or under the suggestion of the auditor. 4. Call and Dispatch Records. The County acknowledges that, in the course. of acting. as the dispatching authority for the County, the District creates records through the Tiburon commandCAD Dispatch system ("Tiburon"). However, the District shall not act as and is not contractually designated hereby as the custodian of these Tiburon records. All requests received by the District, in accordance with the Public Information Act Texas Government Code § 552, for Tiburon records relative to dispatching for the County as set forth herein, regardless of the form of such request shall be forwarded immediately to the attention of the Office of the Brazos County Judge, Public Information Officer, 200 So. Texas Ave., Suite 332, Bryan, TX 77803, for processing and response. The County shall indemnify and hold harmless the District from and against any and all claims, demands, damages, penalties and causes of action relative to such records requests and the Brazos County Emergency Communications District (911) Agreement Page 2 oj4 vol. responses thereto. The District shall maintain an electronic version of the Tiburon records for a period of seven (7) years. 5. Employees. District employees shall not be considered as County employees. 6. Governing Law. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by .the State of Texas or the United States Government or any of its appropriate agencies, such as the Texas Department of Public Safety or the Federal Bureau of Investigation. This agreement is made in accordance with TEX. HEALTH & SAFETY CODE ANN. § 772.101 et. seq., (1-1-11 Emergency Number Act"). 7. Hold Harmless. Each of the parties to this Agreement agrees to hold the other harmless to the extent of its respective duties undertaken herein and/or for any and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this Agreement. 8. Authority. Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agent for any required documentation to implement the intent of this Agreement. 9.. Entire Agreement. This Agreement contains all of the commitmentsand covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this Agreement. 10. Termination. This Agreement may be terminated by either party upon ninety (90) days advance written notice to the non -terminating party as set forth below. In the event of termination, the fee payable by the County to the District shall be pro -rated to the date of termination. 11. Notices. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County Commissioners.Court County Judge 200 South Texas Ave, Suite'310 Bryan, Texas 77803 12. Conflicts. No officer, employee or agent of the Brazos County.Commissioners Court and no member of its governing body shall participate in any. decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Brazos County Emergency Communications District (911) Agreement - . .. - Page 3. of 4_ .. 13. No Waiver. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 14. Modifications This Agreement may only be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this Agreement/bJy'}this reference for all purposes. SIGNED this day of '2016. BRA20S COUNTY EMERGENCY COMMUNICATIONS DISTRICT �- ..... � Lloyd Mssermann, Chairman Board of Managers' ATTE Greta Norton, Recording Secretary BR OUNTY, TEXq�--�\ .. :.. Duane Peters,. Brazos County Judge ATTEST: Karen McQueen, Brazos County Clerk' Brazos County Emergency Communications District (911) Agreement - .: :: .. •---`---Page 9 oJ4----. ..- - --, a-�Pg / � T 66 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY VETERANS MEMORIAL THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation chartered by the Stale of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("BVVM"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County"). RECITALS: WHEREAS, BVVM provides a public art memorial for residents and non-residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provides an educational venue to teach our children about those sacrifices; and WHEREAS, the Commissioners Court of Brazos County finds that the memorial and grounds constitute a museum and/or recreational area; and WHEREAS, the County may provide funding to construct and/or maintain a museum and/or recreational park or facility; and WHEREAS, such activity serves a public purpose. NOW, THEREFORE, COUNTY and BVVM hereby agree as follows: BVVM through its funding and support shall operate and maintain a memorial for all veterans. County, for and in consideration of the services provided to County, hereby agrees to pay to BVVM a total payment of Twenty Five Thousand and No/100 Dollars, $25,000.00 ("Funds") for the year beginning October 1, 2016 and ending September 30, 2017. Payment of such sum will be paid upon receipt of invoice Brains Valley Veterans Memorial Agreement I Page I of5 Ill. BVVM agrees to provide an annual account of how the Funds were spent to meet the above described services. BVVM agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. ACCOUNTING AND AUDIT BVVM agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVVM agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVVM agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVVM agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVVM under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BVVM. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The BVVM shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the BVVM with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Brazos Valley Velerans Memorial Agreement _._ _ _.. - --� Page 2 of VI. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the BVVM shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VIII. COUNTY INVOLVEMENT The County and BVVM state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. Texas. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Veterans Memorial Agreement ----- . _ __ _._ _ Page 3 of vol /,Z 2_61 Brazos Valley Veterans Memorial P.O. Box i 1055 College Station, Texas 77842 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the BVVM without the prior written consent of the County. WITNESS OUR HANDS this day of 2016. 4 of S Brazos Valley Veterans Menorlal Agreemen( - - -F-v(,, 2a,, - - - Brazos Valley Veterans Memorial, Inc. By: Name: Title: 4Preside irector By: Name: use Title: Braz nty, xas By. Duane Peters, County Judge Attest4ren�McC��� Queen, County Clerk Brazos Valley Veterans Memorial Agreement--- --- _.. - - - -- Page 5 af5 STATE OF TEXAS § COUNTY OF BRAZOS § 16� INTERLOCAL AGREEMENT BETWEEN BRYAN INDEPENDENT SCHOOL DISTRICT AND BRAZOS COUNTY, TEXAS; AND THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the Bryan Independent School District, a political subdivision of the State of Texas ("BISD"), and Brazos County, Texas a political subdivision of the State of Texas ("County"), and is effective for all purposes as of October 1, 2016 ("Effective Date"). WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, LOC. GOV'T CODE ANN. §791, to enter into an agreement for to administer a program for local economic development; and WHEREAS, Ben Milam School and Anson Jones School are elementary schools located in the BISD; and WHEREAS, those above-named schools have volunteer; that participate in a program named Read by Third; and WHEREAS, the mission of the Read by Third program is to facilitate community, school and parental relationships that will result in children reading by third grade and beyond through an integrative and collaborative model engaging parents, children, school personnel and the community; and WHEREAS, BISD and the County have determined that it is in the best interests of their citizens that Read by Third program at the named BISD schools be supported in the interest of community support and education; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Term of the Agreement L The term of this Agreement is for a period of one (1) year, which shall commence on October 1, 2016 and end on September 30, 2017 (the "Contract Term"). At the conclusion of the ----initial-Contract-Term,—the Agreement- nay -be -renewed -upon -the -agreement -of -all -Parties for — an additional tern of one (1) year on the same terns and conditions as provided herein. B. Obligations of Bryan Independent School District 2. The obligation of BISD is to provide the County with end of year program results of the parents and children served. C. Obligations of Brazos County 3. County shall make direct payments of the annual contribution, as set forth in Paragraph D, to BISD within thirty (30) days of the Effective Date of this Agreement. D. Total Annual Contribution for Current Fiscal Year 4. The County shall fund BISD in the amount of $3,000.00 for the Contract Term of this Agreement. E. MPseellaneous 5. Annual Approval. The obligations of BISD and the County under this Agreement are subject to annual approval by the governing bodies of each entity. 6. Term. This Agreement shall continue in force for one (1) year from the Effective Date. Audit. 7. Audit. No more frequently than once per calendar year, County shall have the right to inspect through its auditor, at BISD's sole expense, the records of the Read by Third program as facilitated by BISD on reasonable advance written notice and during BISD's regular business hours. Such records shall be maintained for a period of at least one (1) year from the date of creation of such record. 8. everabili If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 9. Texas law to aonly. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the BISD of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 10. Sole Aereement. This Agreement constitutes the sole and only Agreement of the Parties or written or oral agreements between the parties. 11. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. F), Z6'. - — 12. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies.Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 13. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 14. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 15. Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. 16. Public Information Act. The parties acknowledge and agree that County and Bryan ISD may be subject to either Rule 12 of the Judicial Rules of Administration or to the Texas Government Code, Chapter 552, also }mown as the "Texas Public Information Act" (hereinafter, "PIA"). Thus, there may be occasions when requests for information are submitted to the County or Bryan ISD pursuant to Rule 12 or the PIA. Upon a request for information by a third party under Rule 12 or the PIA, it is expressly acknowledged and agreed that Bryan ISD, County, its Commissioners, County Judge, elected officials, appointed officials, department heads, and employees (hereinafter, "Governmental Requestors") may request advice, decisions and opinions of the Attorney General of the State of Texas (hereinafter, "Texas Attorney General") in regard to the application of the PIA, or any exceptions or exclusions thereto to any requested forms, documents, manuals, instructions, guidelines, software, hardware, firmware, or any part thereof, or other equipment or item, data or information furnished by Service Provider to, or otherwise in the possession or knowledge of, the County and/or Bryan ISD. It is further acknowledged and agreed that the Governmental Requestors have the right and obligation by law to rely on the advice, decisions and opinions of the Texas Attorney General. The Service Provider hereby releases the Governmental Requestors from any and all liability or obligation of any type, hind or nature regarding any disclosure of any forms, documents, manual, instructions, guidelines, software, hardware, firmware, or any part thereof, or other equipment or item, ---data-orinformation-furnished-by-Service Provide- to, or otherwise in a possession or knowledge of, the County and/or Bryan ISD that is determined by or in reliance on any advice, decision or opinion of the Texas Attorney General to be available to the public or any persons. 17. Governmental Immunity This Agreement is expressly made subject to Brazos County's and Bryan ISM governmental immunity, Title 5 of the Texas Civil Practices and Remedies Vol Code, and all applicable federal and state law. Nothing in this Agreement is intended to benefit any third party beneficiary. 18. Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. Any person or entity directly or indirectly employed by BISD shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may provide funds from a separate source or may terminate this Agreement by written notice to BISD at least thirty (30) days in advance of such termination. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Executed thlsZ day o 2016. BRYAN INDEPENDENT ATTEST SCHOOL DISTRICT _President of the , Secretary B6ard o rustees, Bryan Independ. School District APPROVED AS TO FORM APPROVED AS TO FORM Bill -Bit ard, Asst. oun AttorR A VUI._�_� Pg. c`LG 59 AGREEMENT THIS AGREEMENT ("Agreement") made this Z1-01 day of 2016 by and between the DISPUTE RESOLUTION CENTER -CENTRAL B OS VALLEY, INC. hereafter referred to as "DRC" and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court," is made on the following terms and conditions: 1. This Agreement is for one (1) year and shall begin on the first day of October, 2016 and continue through the last day of September, 2017. 2. For and in consideration of the sum of $25,000 to be paid in one single payment of $25,000, the DRC agrees to perform the following services: The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. For each mediation session scheduled under the terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located at 3211 A South Texas Ave., Bryan, Texas, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation, The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as other wise stated, any additional sessions that may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos County, Texas, or its employees. 4. DRC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews" of any employees who might reasonably have information related to such records. DRC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the DRC under prior Agreements. j . . Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of DRC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the DRC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the DRC. Annual financial statements (audited if available) are due to County within six (6) months of completion. 5. This Agreement is executed in and performed in Brazos County, Texas. 6. This Agreement is subject to the Public Information Act, TEx. GOVT CODE ANN., Chapter 552. BRAZOS COUNTY By: Duane Peters Brazos County Judge DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY By: 4MarkololaP Chairman of the Board 15h FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2016 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the ;Health for All, Inc. (hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77805, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and Of the Texas Health and Safety Code, the Provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following term's and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2016 and terminating 30th day of September, 2017, Cancellation This Agreement may be canceled by any of the parties her upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of Prescription medication and/or access to "sample" or 'Subsidized medications, coordination of physician care during hospitalization (collectively "Services"). Health For All Agreement Page �l ofIS Vol. _o �o� PQ o��� Use of County Funds Funds to be furnished to Service Provider as stated below support for the increase in providers, operations, and access primary goal of the project is to expand the capacity at the free cl access to chronic disease management and preventive sere population in the region. The County and Service Provider < County's purpose in providing funds hereunder is to provide r eligible indigent applicants and help expand access to primary ca. and clinic staffing and that trained personnel of Service Pro accomplish these goals. Funds will not be used to purchase.or nor will they be used to purchase land. call be used provide i healthcare. The c thereby improving :s for the indigent cnowledge that the dical assistance to clinic space, hours, ler is designed to ild a clinic or office County's Payment The County agrees to provide the Service Provider a i maximum sum of L21000-00 ("Funds") for the term of this Agreement. The Funds shall be paid in equal installments quarterly. Responsibilities of Service Provider Service Provider will be responsible for providing the fallowing Services pursuant to this Agreement: I. Completing all necessary application forms to individuals. potentially eligible indigent 2. Obtaining and compiling information on each applicant for, Service Provider's Services with regard to residency and financial qualifications.) 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients/patlents and the Services provided thereto. II 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. --7-----Assisting the -County with lnformatiori needed for audit purposes. 8. Providing the County with quarterly financial statements, 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. Health For All Agreement Page 2 of 15 pg. �� 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using! Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shalt be retained for at least three (3)- years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accounting and Audit The Service Provider agrees that County, or its designated have the right to review and to copy any records and suppo pertaining to the performance of this Agreement. The Service maintain such records for possible audit for a minimum of three termination date of this Agreement, unless a longer period of i stipulated. The Service Provider agrees to allow the auditor(s) acc during normal business hours and to allow interviews of any err reasonably have Information related to such records. The Service I County, or its designated representative, shall further have the rig copy any records and supporting documentation for prior' year provided funds to the Service Provider under prior Agreements. conducted by County personnel or an independent third party, as Brazos County Commissioners Court. If the Brazos County Cc determines that the audit will be conducted by an independent third expenses associated with said audit will be solely paid for by the Ser ------------ epresentative, shall ting documentation Provider agrees to (3) years after the ecords retention is :ss to such records ployees who might 'rovider agrees that ht to review and to > in which County Any audit will be determined by the mmissioners Court Party, all costs and vice Provider. The Service Provider shall not discriminate against any Iemployee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color; religion, sex, or national i Health Fordll.dgreemeel Page 753o g s origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notice's setting forth the provisions of this nondiscrimination clause. Confidentiality The Service Provider shall comply with applicable local, i State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. _Health Insurance Portability and Accountability Act .'i The Service Provider certifies that It is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 jthrough 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemnity The Service Provider agrees to and shall indemnify' and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, Including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party r%rill provide proof of same to the other party on request. The Service Provider shall maintain during the term, ---of this -Agreement -a $1;000;000:00 malpractice Ihsurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Heallh For AflAgreemenl Page 4aj15 Independent Contractor In all activities or Services performed hereunder, the' Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein.The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service' Provider pursuant to this Agreement. The County assumes no liability for actions of the Service (Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, .negligence or breach of Agreement of the Service Provider, with the exception. of 'acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portioh of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any lobligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licensesjare to be filed with Brazos County. Events of Default: The following shall be considered events of default: i - a Failure-to-maintain-licenseto practicemedicine` or ariy restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. I b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. Hea!!h For All Agreente"( Page 5 ojis c. Cancellation of Service Providers medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documehtation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any . records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Venue and Governing Law The venue of this Agreement is Brazos County, Texas, and this Agreement shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: i Health for All, Inc. Brazos County C/O Executive Director CL0_Commissioners-Cou -- --- - - P.O. Box 5913 200 S. Texas Ave., Suite 310 Bryan, Texas 77805 Bryan, Texas 77803 Further Assurances l Each parry hereto agrees to perform any further acts and to execute and deliver i Health Far AllAgreemenl Poge6ofls . , any further documents which may be necessary to carry out the provisions of this Agreement. Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Chance The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there Is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold'harrnless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Health For AllAgreemmt ,._ Page �7ofl5 -.� Sovereign Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assignability i This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligetions of the County under this Agreement are expressly contingent upon the availabilitti of funding for each item and obligation contained herein for the term of the Agreement !and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County isIunable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the (circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein, There sre no representations, agreements, arrangements, or understandings, oral or written between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein - -- _ _ Health For.411 Agreement - f page �8 of .15 ,8 h i In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER 2(� ealt or All, Inc. Date Executive Director BRAZOS COUNTY, TEXAS Duane Peters Date County Judge ATTEST: Karen McQueen, County Clerk Health For All Agreement I 9 000jis �i A. BRAZOS COUNTY BUSINESS ASSOCIATE AGREE ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually Identifiable health info ation require covered li entities to comply with the privacy standards adopted �thelU.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. piartsllso, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIP, Rules, as well as any applicable state confidentiality laws, require CovereddrEntity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity complywith, certain obligations regarding the confidentiality of health Information."Covered Entity" and "Business Associate" are defined in the HIPAA Rules, land for the purposes of this Agreement, shall refer to Brazos County and Servic�jProyider, respectively. B. Purposes for which Protected Health Information Mav Blo Used or Disclosed. In connection with the services provided by Businessi�'Ossociate on behalf of Covered Entity pursuant to this Agreement, Covered Enlity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate' agrees to comply with applicable federal and state confidentiality and security 'laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ("PHI"), Business Associate shall not use PHI except as necessary to fulfill the purpbseslof this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of B siness Associate or to carry out its legal responsibilities and Its responsibilities under this Agreement. However, Business Associate shall ill (such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the H`PAA1 Rules and this Agreement, ----- - - — �� - -- -- - — - - ......._. -- (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held !confidential and further used and disclosed only as required by l i orlfor the purpose for which it was disclosed to the person or en .,1; Health For All Agreement _,/_ __ Page IO ofis (c) agree to notify the Covered Entity of anyllinstances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreernent it for a purpose not expressly permitted by the HIPAA Rules; aInd I' i (d) ensure that all disclosures of PHI are su ject to the principle of "minimum necessary use and disclosure,," i.e., on PHI that is the minimum necessary to accomplish the intended) purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties, If Business Associate disciloses PHI received from Covered Entity, or created or received by Bus Associate on behalf of Covered Entity, to agents, including a' sub9ontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associates under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate!safeguards to protect the confidentiality, integrity, and availability of thel'..electronic PHI that it creates, receives, maintains, or transmits on behalf ofjthe Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing theiserJices as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will complytin all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate ,is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such usP is permitted under the HIPAA Rules or the issuing court's orders.jl 4. De -identified Information. Use and disclosure�of de -identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entityliii its1sole discretion and (ii) the de -identification is in compliance with 45i1'yCFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). �! li Notice of vacy ces. Business Assoc'I te 5. Covered Entity of Notice t' f Prknowled e r Covered En hall abide by the y y ('`Notice") published by the g tity shall provide to Business Associate such Notice when it Is adopted. ArSy use or disclosure permitted by this Agreement may be amended bjilsuch Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Heofd, For Al Agreenren! _ _ _ . ; Page 11 ofVol 0 Use or Disclosure That Would Violate HIPAN Business Associate is prohibited from further use or disclosure of PHI in a I manner that would violate the requirements of the HIPAA Rules ifl the PHI were used or disclosed by the Covered Entity. i 8. Safeauards. Business Associate shall maintain ensure that PHI is not used or disclosed other Agreement or as Required by Law. Business administrative, physical and technical safegu; appropriately protect the confidentiality, integri electronic PHI it creates, receives, maintains, Covered Entity. 9, Records Management. Upon termination of Associate agrees to return or destroy all PHI re that Business Associate maintains in any fe federal and state laws as they may be an governing the maintenance or retention of PHI. of PHI is not feasible, Business Associate agree of this Agreement to the information and limit fi to those purposes that make the return or de infeasible. 10. Associate maintains a designated record s Rules) on behalf of Covered Entity, Business (a) Correction of PHI. Business Associate PHI maintained by Business Associate Entity. propriate safeguards to an 'as provided by this ;ociate shall implement s ttiat reasonably and and availability of any transmits on behalf of reement, Business rom Covered Entity shall comply with from time to time aturn or destruction end the protections ;es and disclosures of the information its. If Business ned in the HIPAA agrees as follows: that it will amend ested by Covered (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspedt or copy PHI about the individual in that set under conditions and limitations required under Heaflh For All Agreeurent Val- .T_5—O" P9 12 of 1s 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not tater than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Eiititv.l The information shall be provided in the form or!iformat requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to acceptl the information in summary form. A reasonable, cost -based fee for copying health information may be charged. I (c) Individual Right to Amendment. Business Asl ociate agrees, if it maintains PHI in a designated record set; to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate'maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation1provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom! the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action o'n such requests as soon as possible but not later than 60 days`, following receipt of the request. Business Associate agrees to use Its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost! to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period;_ however, a reasonable, cost -based y bfee_ mae charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. 1 (c) Such accounting shall be provided as long; as Business Associate maintains the PHI. i I Health For All ' Agreement _ _ _ I Page 13 of 15 VOI D. Internal Practices. Books. and Records. Business available its internal practices, books, and records r disclosure of PHI received from, created, or received bj, behalf of the Covered Entity to the U.S. Department Services or its agents for the purpose of determmin compliance with the HIPAA Rules, or any other health ov Covered Entity. l E. Indemnification. To the extent permitted by law, Busi indemnify and hold harmless Covered Entity from demands, liabilities, judgments or causes of action of elements of recovery or damages recognized by law (in attorney's fees, defense costs, and equitable relief), incurred by Covered Entity arising out of, resulting fn acts or omissions or other conduct of Business A: connection with the performance of Business Associt under this Agreement. This indemnity shall apply e alleged to be solely or jointly negligent or otherwise provided, however, that a trier of fact finds Covered jointly negligent or otherwise solely or jointly at fault. T construed to limit Covered Entity's rights, if any, to comr Covered Entity shall have the option, at its sole discre selected by it to defend any such action, the costs and be the responsibility of Business Associate. Cove Business Associate with timely notice of the existence such information, documents and other cooperation as assist Business Associate in establishing a defense to si These indemnities shall survive termination of this agre reserves the right, at its option and expense, to partici, suit or proceeding through counsel of its own choosing. F. G. Rights of Proprietary Information. The Covered Entity to the proprietary information, confidential informatior Business Associate. H. Termination for Breach. Without limiting the termir Business -Associate -breaches ariy p"rovision in-this- Disclosure n-thisDisclosure of PHI", Covered Entity may, at its optic records of Business Associate related to its use and Business Associate to submit to monitoring and i conditions as Covered Entity may determine is nece: ociate shall make ig to the use and driess Associate on Heath and Human e Covered Entity's ht agency, or to the kssociate agrees to against all claims, ature for any relief, 3, without limitation, iy damage or loss attributable to any e or its agents in r its agents' duties Covered Entity is or jointly at fault; not to be solely or emnity shall not be N indemnity. i, to employ attorneys rpenses of which shall I Entity shall provide such proceedings and asonably necessary to and Covered Entity the defense of any any and all rights PHI it releases to ovisions herein, if entitled -"Use arid__ ass and audit the re of PHI, require and such other insure compliance Realth For AllAgreemen[ ___ _ _ Page lO ojl5 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. I. Reference Any reference in this Section entitled "Use and Disclosure of PHP' means the section of the Privacy Rule or the Security Rule,! as applicable as in effect or as amended. J. Amendment Business Associate and Covered Entity agred� to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHP' from K. Precedent and Ambioulty. If any term of this Section!l entitled "Use and Disclosure of PHP' conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ainbiduity in this Section entitled "Use and Disclosure of PHP' shall be resolved to!ip ermit Covered Entity to comply with the HI PAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHP' shall survive the termination of this Agreement Accepted: ess Associate I Health For,411 Agreenen[ Page 15 of 15 Vol .. -10L. f'9. C� �2 JUNCTION 505 BRAZOS COUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY") and Junction Five -O -Five, a Texas non- profit corporation (hereinafter "JUNCTION'), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement"); and WIIEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the sunt of two - thousand eight hundred seventy seven dollars and seventy one cents ($2,877.71) per month, per site for a total monthly sum of seventeen thousand two hundred sixty six dollars and sixty six cents ($17,266.66) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site l located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terns and conditions of said Agreement. NOW THEREFORE, Approved this�day of 7za JUNCTION FIVE -O -FIVE Duane Peters, Comity Judge Iris Woolley, Executive Direct 16 1 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider"), located In Bryan, Texas, and is effective October 1, 2016. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties agree to the following terns and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 1e1 day of October, 2016, and terminating 30th day of September, 2017. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will Include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource CenterAgreement Page I oj6 USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone. expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $22.000.00 for the term of this Agreement ("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services;. 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy.any records and supporting documentation pertaining to the performance of this. Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention Is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have Information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years In which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as partof the process and a copy of said Sm l Assault Resource Center Agreement . Page 2 of 6 management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using Its services and all financial records. The Provider agrees to maintain and make available for Inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify Its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for Inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of_race,_color, sex,_ or national origin._ The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Sexual Assautr Resource Center Agreement Page13 oj6 INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing It, certified mail RRR to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 290' Street, Bldg C, Bryan, TX. Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Sexual Assault Resource Center Agreement Page 4 of FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. DATED this �day of SrbGs' 2016. Brazos County DUANE PETERS, Judge Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center President Serval Assault Resource Center Agreement Page S of 6 vol C� ATTEST: KAREN McQUEEN, County Clerk Sexual Assault Resource Center Agreement Page 6 of 6 STATE OF TEXAS § COUNTY OF BRAZOS § INTERLOCAL AGREEMENT BETWEEN CITY OF BRYAN, TEXAS BRAZOS COUNTY, TEXAS; AND CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. THIS INl'ERLOCAL AGREEMENT is entered into by and between the City of Bryan ("City"), a Texas home -rule municipal corporation, Brazos County ("County"), a political subdivision of the State of Texas, and the City of Bryan and Brazos County Economic Development Foundation, Inc. ("BBCEDF"), a Texas Transportation Code local government corporation ("Agreement"), and is effective for all purposes as of October 1, 2016 ("Effective Date"). WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, GOVT CODE Chapter 791, to enter into an agreement for to administer a program for local economic development; and WHEREAS, in 2009, the City coordinated with the County with regards to the creation of the BBCEDF for the purpose of promoting the development of an industrial park in an unincorporated area of Brazos County, just outside the city limits; and WHEREAS, the City and the County have shared equally in the responsibilities associated with the formation, operation, and funding of the BBCEDF; and WHEREAS, the BBCEDF entered into several contracts for the purchase of real estate that will be developed, marketed, and governed as the Texas Triangle Industrial Park and Inland Port ("Park"); and WHEREAS, the County wishes to contract with BBCEDF as its agent pursuant to TEX. GOV'T CODE § 381.004 to administer the County's program for local economic development in the Park; and WHEREAS, the City wishes to contract with BBCEDF as its agent pursuant to TEX. GOV'T CODE § 380.001 to administer the City's program for local economic development in the Park; and WHEREAS, the BBCEDF has contracted with various vendors to provide services related to the development, marketing, and sale of the land in the Park, and has incurred other operational expenses set forth in its annual budget; and WHEREAS, the City and the County have determined that it is in the best interests of their citizens that the BBCEDF be supported in the development of Park because the economic h impact of new jobs, increased property value, and additional utility revenue will benefit the local economy; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Annual Budget BBCEDF adopts an annual budget showing reasonably anticipated revenue and expenses for each year. The annual budget is provides funding for the ongoing operations of the BBCEDF. 2. Once a budget has been approved by the BBCEDF Board of directors it will be submitted to the Brazos County Commissioner's Court and the Bryan City Council for review and approval. The City and County agree to make an annual lump sum payment sufficient to cover respective portions of the Operational Costs from the annual budget within thirty (30) days following approval of the budget by both governing bodies. Each governmental entity's obligation to make a payment is conditional upon the approval of the budget by the governing body of each governmental entity. B. Funding 3. The City agrees to fiord an amount not to exceed $163,911.00 and the County agrees to fund an amount not to exceed $163,911.00 to satisfy their respective obligations under this Agreement. C. Operational Costs The BBCEDF budget will include the operational costs associated with the maintenance, development, and marketing of the Park. The operational budget may be offset by any grants, gifts, interest income, or other unencumbered revenue received by the BBCEDF. The operational cost budget for the 2017 Fiscal year totals $327,822.00 The City and the County will each be required to pay fifty percent (50%) of the operational costs of the BBCEDF which are not offset by grants, gifts, interest income, or other unencumbered revenue. The City and the County will tender this payment within thirty (30) days of the execution of this Agreement by all parties. D. Repayment Terms 6. The amounts funded by the City and the County to the BBCEDF constitute a loan of funds to be repaid by the unencumbered proceeds of future land sales (or other revenue of the BBCEDF). In accordance with the terms of the BBCEDF By-laws, the entities that created the BBCEDF are entitled to an equal share of the revenue of the BBCEDF. The BBCEDF agrees there shall be no further encumbrance of future revenues without getting the express approval of the governing bodies of the City and the County. In the event City or County constructs public infrastructure, or pays or reimburses the cost of construction of public infrastructure, as an incentive or inducement to a purchaser or developer of land in the Park, such cost borne or paid by City or County will be repaid to such entity from the proceeds of the sale of land prior to calculating the revenue to be shared by the entities. E. Miscellaneous Term. This Agreement shall continue in force for one (1) year from the Effective Date, or until the real property constituting the Park has been sold or transferred to another entity, the debts and obligations of the BBCEDF have been paid, and the BBCEDF dissolves pursuant to its governing documents and state law, whichever occurs first. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 9. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 10. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 11. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 12. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 13. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 14. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in fvr,ia �� this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 15. Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. Executed this day of 12016. CITY OF BRYAN ATTEST c^yL� A Jason Ppienslci , 4Mayor Mary Lynne St r a, City Secretary APPROVED AS TO FORM Janis;K' Hampton, City Attorney BRAZOS COUNT APPROVED AS TO FORM Duane Peters, County Judge Bill Ballard, Asst. o ey BRY-BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. we7on P. Bienski, President _ 9 Vol STATE OF TEXAS COUNTY OF WALKER 11 GULF COAST TRADES CENTER CONTRACT FOR RESIDENTIAL SERVICES Contract Term: October 1, 2016 — September 30, 2017 BRAZOS County collectively referred to as "Juvenile Probation" and Gulf Coast Trades Center, Inc., 143 Forest Service Road 4233, New Waverly, Texas 77358, hereinafter called the Service Agency, by this agreement and in consideration of the mutual promises set forth below, have agreed as follows: I. SERVICES Service Agency will provide the following services: A. Room B. Board C. Clothing, Personal Hygiene Items, Hair Cuts D. Supervision by Qualified Adults E. Casework Services F. Counseling Services G. Individualized Program Plan H. School I. Vocational Training II. FEES A. Levels of care and services to be provided at each level are those defined in the Texas Health and Human Services Commission rate schedule for Purchase of Services. These fees do not exceed the maximum rates allowed in the latest Texas Juvenile Justice Department/Health and Human Services Maximum Rate Schedule. For and in consideration of the above mentioned services, the Juvenile Probation agrees to pay the Service Agency: Moderate Level (LOC 3 & 4M) Facility $103.03 per day Specialized Level (LOC 4S) Facility $162.30 per day In the event the per diem rate schedule changes, the amended rates shall be honored without amendment to the agreement. Paget of 8 Vol B. Recognizing that part of a client's rehabilitation program may include time away from the residential setting of the Service Agency prior to the client's re-entry in the community, and that the Service Agency must retain space for this client until his return, Juvenile Probation will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days at any one time. (Students, if eligible, and approved by the Chief Juvenile Probation Officer is allowed an authorized paid furlough to do job search and obtain employment applications prior to completion of the program.) C. If a client makes an unauthorized departure from the Service Agency, Juvenile Probation shall be notified immediately. If the client returns to the Service Agency within ten (10) days, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days payment. D. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations; however, every effort should be made to reconcile the incident to both parties' satisfaction, E. Payment is to be made monthly, or at the termination of the residential period of the client, if sooner. Claim for payment will be submitted by Service Agency no later than ten (10) days from the last day of the month for which payment is being requested. IJI. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Individualized Program Plan (IPP) developed in concert with the youth and mutually agreed upon by the appropriate Service Agency staff and the assigned personnel. A copy of the IPP shall be sent to the assigned personnel no later than six weeks after placement. B. The IPP shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how, if at all, the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the juvenile's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Juvenile Justice Code. C. The goals in the IPP shall be reviewed jointly by the appropriate Service Agency staff, the juvenile, and the assigned personnel staff at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the _l Page 2 of 8 1 odor n2. L--- - - IPP being made when needed. Copies of the IPP and the periodic reviews are to be maintained by the Service Agency and the appropriate personnel staff. D. The Service Agency shall remain in telephone contact with assigned personnel staff regarding client's progress and provide a written report of progress upon request, but no less than one time per month. E. If a client in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in a disruptive incident, the Service Agency shall notify the client's probation officer or other probation staff within a twenty four hour period following the incident and ensure that parents, proper authorities, the Texas Department of Protective and Regulatory Services, or the police are notified if appropriate. A written incident report and/or police report will be sent to the assigned probation officer no later than five (5) working days after the occurrence. Juvenile Probation reserves the right to terminate the client's placement at the Service Agency at its discretion. The Service Agency will not release the client to any person other than Juvenile Probation without the express consent of appropriate personnel. G. The Service Agency will obtain prior approval from appropriate personnel before the client's participation in any furloughs, home visits, or extended agency trips. H. Unless otherwise stipulated by Juvenile Probation, the client may visit freely with parents and relatives at the Service Agency in accordance with established Service Agency policies, procedures, privileges and level system. IV. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Contract and to review Juvenile Probation juvenile records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews and the administration of questionnaires to the staff of the Service Agency and the client when deemed necessary. B. The Service Agency agrees to maintain and make available for inspection, audit or reproduction by an authorized representative of Juvenile Probation and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. Gulf Coast Trades Center utilizes Generally Accepted Accounting Principles in all its financial transactions. ._ ._l Page 3 of 8 C. The Service Agency agrees to maintain these records for seven (7) years after the final payment or until the state -approved audit has been made and all questions there from are resolved. D. Service Agency understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the auditor or investigation, including providing all records requested. Service Agency will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. E. The Service Agency shall use Generally Accepted Accounting Principles (GAAP). V. GOALS, OUTPUTS, AND MEASURABLE OUTCOMES A. The Service Agency agrees to pursue the goals and values of the Juvenile Probation through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through provision of a safe, drug-free environment . in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. B. The Service Agency shall provide the Juvenile Probation, within ten working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: I . Average length of stay of clients. 2. Specific types of milieu implemented by the Service Agency. 3. Average number of counseling hours provided each client daily, weekly, or monthly. 4. Number and types of reporting measures. C. The Service Agency agrees to furnish Juvenile Probation, within ten working days, annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes may include: The percentage of clients successfully completing the program. 2. The percentage of clients who are re -unified with family or guardians. Page 4 of 8 1 v01_ The percentage of youth who were placed on jobs. VI. DEFAULT A. Juvenile Probation may by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances. 1. If the Service Agency fails to perform the work called for by this Contract within the time specified herein or any extension thereof, or 2. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten (10) days for such extension as authorized by County Juvenile Probation Department, in writing after receiving notice of default. VII. LICENSING A. The Service Agency shall be licensed by the Texas Department of Protective and Regulatory Services for those programs which are under the licensing authority of the Texas Department of Protective and Regulatory Services. B. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards and shall provide copies of the most recent report to the county probation department upon request. VIII. FEE ASSESSMENT A. Clients nor their families will be assessed fees for services by the Service Agency, This does not preclude reasonable attempts to seek voluntary contributions from families of County juveniles for donations of clothing, personal articles, and funds to assist in support of a client's rehabilitation. B. Under Section 231.006, Family Code, the Service Agency certifies that the individual or business entity named in this contract is not ineligible to receive the specific grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. C. The Service Agency will adhere to all applicable state and federal laws and regulations pertinent to the contractor's provision of services. Page 5 of 8 l IX. 0 D. The Service Agency shall account separately for the receipt and expenditure of any and all funds, including those from the Texas Juvenile Justice Department received under this contract. E. Under Provision 4.11.2.4 for services rendered may Department State Funds. TERMINATION from the Texas Juvenile Justice Department, payment be paid partly or wholly with Texas Juvenile Justice A. This contract may be terminated without fault or cause by either party by giving at least ten (10) days written notice of the intention to terminate by certified mail, facsimile transmission, or personal delivery to the other party. INDEMNITY AND HOLD HARMLESS A. To the fullest extent permitted by law, Gulf Coast Trades Center shall indemnify, defend and hold harmless Brazos county, its elected officials, appointed officials, officers, directors, employees, agents and representatives (collectively referred to as the "indemnitees") from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorney's fees, arising out of, resulting from, or occurring in connection with the performance of the work, provided that such claim, liability, damages, loss, costs or expense is attributable to bodily injury, sickness, disease, or death or to injury to, or destruction of, tangible property, including the loss of use thereof in any way occurring, incident to, arising out of or in connection with: (a) a breach of the warranties provided by Service Provider.; (b) the work performed or to be performed by Service Provider, employees and agents; (c) any negligent action and/or omission of the indemnitees related in any way to the project whether the indemnitees are negligent in whole or in part, and even when the loss is caused by the sole fault or negligence (including acts or omissions that are characterized as negligence per se, negligence premised on strict liability, or any other type of negligence) of the indemnitees; or (d) any fines, penalties, damages (including punitive), liabilities, costs and expenses in connection with: (1) a violation of any law, statute, rule, ordinance, code or other requirement of public authorities; (2) means, methods, procedures or sequences of execution or performance of the work; and (3) failure to secure and pay for permits, fees, approvals, licenses and inspections for which Service Provider is responsible under the agreement documents. Service Provider's indemnity obligation herein shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this section. The scope and extent of this indemnity shall not be limited by the availability of coverage under Service Provider's insurance and shall not limit indemnitees' other legal remedies Page 6 of 8 Vol e against contractor or any other person or entity. This indemnification provision shall survive termination of the agreement. XI. MEDICAL A. The Referral Agency agrees that it shall be liable and responsible for the client's emergency medical and dental costs encumbered during the client's stay at the Service Agency. The Referral Agency will only be liable for the client's non- emergency medical and dental costs of the Service Agency unless it seeks and obtains approval from Referral Agency prior to incurring such costs. The Service Agency agrees to notify the Referral Agency of any unusual medical costs to be incurred. The Service Agency will accept Medicaid eligible clients. The Service Agency will apply for Texas Juvenile Justice Department Medicaid for each child entering the program when applicable. XIL CONFIDENTIALITY OF RECORDS Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. XIII. EQUAL OPPORTUNITY A. Services shall be provided by the Referral Agency in full compliance with all civil rights laws and regulations, and that there shall be no discrimination of race color, creed, sex, national origin, religious preference, in performance of any and all duties outlined by this Agreement. All programs and services provided by the Referral Agency under this Agreement shall be provided in accordance with Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C.2000 (d)), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 3 et seq.), Age Discrimination Act (42 U.S.C. 6101 et seq.) and all federal rules and regulations, state laws and executive orders as applicable. XIV. TERM A. The initial term of this contract will begin on October 1, 2016 and terminate on September 30, 2017. XV. Prison Rape Elimination Act (PREA) A. Service Provider shall comply with all federal, state, county, and city Iaws, ordinances, regulations and standards applicable to the provision of services Page 7 of 8 IV Jl/4t Iii v Y described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. B. Under PREA, Service Provider shall make available to the Chief Juvenile Probation Officer all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §115.387 E and (1)]• Gulf Coast Trades Center, Inc. Dale Underwood, Ed.D. Executive Director BRAZOS County Juvenile Probation Douglas Vance, Ph.D. Chief Juvenile Probation Officer BRAZOS COUNTY COMMISSIONERS COURT ON Date Date 20 , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN (10P&GINALC-- - Duane Peters, County JAe Chairman, Juvenile Board Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 q 1 111 (e Date Page 8 of 8 A`� to CERTIFICATE OF LIABILITY INSURANCE &/3112'017D"""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dean & Draper Ins. A c ., LP P 9 Y 3131 West Alabama CONTACT NAME: Kim Francis RHO Ne .713-527-0444 FA%,,hB. 713-527-0457 4th Floor EMAIL -ADDRESS .kRancis@deandrapeccom Houston TX 77098 INSURERS AFFORDING COVERAGE NAIC4 INSURER A: LEXINGTON INS CO 19437 A INSURED GULFTRAD Gulf Coast Trades Center, Inc. 143 Forest Service Rd #233 INSURERB:NATIONAL UNION FIRE INS CO OF PITTS 19445 INsuITERc:SERVICE LLOYDS INS CO 43389 INSURER D: New Waverly TX 77358 INSURER E: INSU0.Eft F CLAIMS DX COVERAGES CFRTIFIr1ATF NI"QPP-109R49HBR7 REVISION NU Rtecrt: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, INSR LTR TYPEOFINSURANCE ADOL INSD SUB PODOY NVMBER POLICY POLICYYW POCKY== MMIDDIYYYYI OMITS A X COMMERCIAL GENERAL LIASIUTY 41LX067990016-1 911/2016 9/1/2017 CLAIMS DX EACH OCCURRENCE $1.000,000 DAMAGE OREN I el.' PREMISESEeo�,e $100D00 -MADE OCCUR MEDEXPLAr one arson) 55.000 — _ PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 53,000,000 PRO POLICY F— PRO - PRODUCTS-COMP/OPAGG $3,000000 _j I—_J LOC OTHER 5 B AUTOMOBILE LIA0I1-f1Y 29CA084608051-1 9/1/2016 9/t/2017 EaaWCenl a 51,000,000 ANY AUTO BODILY INJURY(Perperson) S ALL OWNED SCHEDULED BODILY INJURY (Per acc:den0 5 Ix AUTOS AUTOS HIREDAUTOS X NON OWNED ALTOS PROP RT DA.,A E 5 Poraocidenl 4 A X UMBRELLA LAB OCCUR 41UD016697863-1 9/1/2016 9/1/201] EACHOCCURRENCE $3,000,000 EXCESS LIAB CW MS -MADE AGGREGATE 43,000,000 DEC X I RE1ENTION510.000 S WORKERS COMPENSATION PER OIH- ANDEMPLOYERS'IJABILRY YIN ST TUTE ER E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERRAEMBER P CUJDEDT N/A L. DISFASE-E4 EMPLOYE $ lMandatory In NH) ME. s, CaeMbe under E.L DISEASE -POLICY UNIT 5 CRIPTION OF OPERATIONS below A A Professional Liability 41LX05799001&1 911/2016 9/1/2017 1,000000 3,000,000 C Abuse 41LZO57990018.1 911/2016 9/1/2017 1,000,000 3,000,000 Occupational Acc. NSZF5D873-15 10/1/2015 10/1/2016 See Limits Below DESCRIPDCN OF OPEMZDNS l LOCATIONS r VEHICLES ACORD 101, Additlonal Remarks Schedule, may be allached if man epics Is requlmd) The General Liability, Automobile Liability & Umbrella Liability Policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Automobile Liability, Workers Compensation & Umbrella Liability policies include a blanket automatic waiver of See Attached... CERTIFICATE HOLDER !`AAarct I ATlnat EVIDENCE OF COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE is 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Vol. �, T / ' Pp. ��� ACC>RIY L---- AGENCY —/ AGENCY CUSTOMER ID: GULFTRAD LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED IN SN RED Dean & Draper Ins. Agcy., LP Gulf Coast Trades Center, Inc. 143 Forest Service Rd #233 New Waverly TX 77358 POLICY NUMBER CARRIER NAICCODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires such status. Professional Liability and Sexual Abuse & Molestation coverage are Claims Made with a Retro Date of 09/2612001. Occupational Accident Limits: $3,000,000 Each Employeesl$10,000,000 Each Occurrence/$25,000,000 Policy Aggregate/$10,000 Self Insured Retention. Type of Insurance Policy Number Eff Date Exp Date Limit Union Fire Accidental Death Benefit SR00009121740A 09/01/2016 0910112017 $ 250,000 Union Fire Accidental Medical Benefit SRG000912174CA 09/01/2016 09/01/2017 $ 25,000 hia Ins Co. Fiduciary Liability PHSD1164891 09/01/2016 09/01/2017 $1,000,000 Ins. Co. Employee Dishonesty 105830686 09/01/2016 09/01/2017 $ 500,000 ACORD 101 (2008101 2008 ACORD I ne ACUKU name and logo are registered marks of ACORD reserved. CONTRACT AND AGREEMENT FOR SECURE, RESIDENTIAL, POST -ADJUDICATION TREATMENT SERVICES FOR ADJUDICATED JUVENILE OFFENDERS-SPACEAVAILABLE - This Agreement is entered into by and between Brazos County ("Contracting County") and 04S Youth Services, LLC, ("Service Provider") a Florida for-profit corporation, certified by the Brown County Juvenile Board under §51.125(a)(2), TEX FA. CODE, registered with the Texas Juvenile Justice Department, and in compliance with all applicable standards under Title 37 Texas Administrative Code, to provide child care services. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Contracting County with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement Facility to be utilized is leased and operated by Service Provider, and is located at 800 FM 3254, Brownwood, Texas 76001. The business office of Service Provider is 800 FM 3254, Brownwood, Texas 76001. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing October 1, 2016 and ending September 30, 2017. ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: Specialized mental health and substance abuse treatment services. Specialized level of care consists of a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the child's functioning. 3.02 Service Provider will also provide/perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Contracting County. B. Ensure that the child's parent(s) or legal guardian(s) and Contracting County are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately, if during working hours. After normal working hours, every effort will be made to notify Contracting County and the parents. In the event of serious illness or accident and for any required follow-up 2016-2017 Gas Youth Services—Juvenile Residemial Fad lily Services page 1 of 13 care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. C. Provide to the Contracting County Department a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case Plan shall include measurement of progress towards goals in the Plan. The Individualized Treatment/Case Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. D. Initiate and document meetings to review the Individualized Treatment/Case Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. E. Maintain copies of the original Individualized Treatment/Case Plan and the periodic reviews. F. Provide the Contracting County Department with a written report of the child's progress at reasonable intervals, not to exceed ninety (90) days, or on a more frequent basis, as follows: egress renorts will be sent to Brazos County on a monthly basis. G. Document and maintain records pertaining to the number and type of investigations made by the Department of Family and Protective Services, the Department of Juvenile Justice, any law enforcement agency, or any other investigative agency. Such records shall be immediately made available to the Contracting County upon request. H. Any and all medical/psychiatric treatment and medication required to meet the needs of the child, as well as other pre -approved expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Contracting County; however, in no case shall a child be denied any needed medical/psychiatric treatment due to the inability to pay. I. Provide and document off -campus visits or furloughs upon request; however, the costs associated with off -campus visits or furloughs will be paid by the parent, guardian, or Contracting County. J. In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located no later than the third day after the date a child is placed in the facility. 2016-2017 G4S Youth Se,vices—Juvenile Residential Facility Services Page 2 of n ARTICLE IV COMPENSATION 4.01 For and in consideration of the above-mentioned services, Contracting County agrees to pay the Service Provider the sum of $140.00 or $185.00 per day for each child, i.e., the daily rate, admitted under this Agreement. [NOTE: It is understood that the daily rate depends on the degree of specialized services mutually agreed to.] The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying procedures agreed upon by Service Provider and Contracting County. Payment is due within 30 days of receipt of billing. 4.02 Psychiatric services will be provided to the child on an as needed basis. The Contracting County shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 4.03 Service Provider will submit an invoice for payment of services to the Contracting County on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Contracting County in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Contracting County in a timely manner. 4.04 Contracting County shall be responsible for all of the juvenile's medical expenses, including prescription medication. Contracting County may make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization and dental, for Post -Adjudication program juveniles, or can authorize in writing Service Provider to do so on behalf of Contracting County at Contracting County's expense. 4.05 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Contracting County. The Administrator shall notify Contracting County of Outside Treatment within twenty-four (24) hours of its occurrence. 4.06 If during the course of residential treatment, the Contracting County determines that a part of the youth's treatment program should include time away from the residential setting of the Service Provider, such as weekends and holidays, prior to the completion of the youth's treatment and return home, and wishes that the youth return to the residential setting after a period away from the residential setting, the Contracting County shall request the Service Provider to retain space for the youth until his return. To this end, the 2016-2017 G45 Youth Services—Juvenile Residential Facility Services page 3 of 13 Contracting County agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by the Contracting County. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the f rst Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. 4.07 The Service Provider is under no obligation to retain space for the juvenile in an unauthorized departure situation; however, in no event shall the Contracting County pay for the days when the juvenile was absent without authorization, but no space in the program was retained for such absent client(s) by the Service Provider. The County must be informed in writing if and for how long the Service Provider intends to retain space for such an absent client, and the County may decline in writing all or part of the period for which the Service Provider intends to retain the space. 4.08 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Contracting County under this contract. Service Provider shall account separately for state funds received and expended utilizing Generally Accepted Accounting Practices (GAAP). Upon request Service Provider will provide Contracting County with a copy of its most recent financial audit. 4.09 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or slate funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.10 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 4.11 Service Provider agrees to make claims for payment or direct any payment disputes to Contracting County's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.12 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERIMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Contracting County may be denied, if space limitations require, 2016.2017 G45 Youth Seivlces—luvenile Residential Facility Services Page 4 of 13 as determined by the Facility. Service Provider will make every reasonable effort to place the child expeditiously. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Contracting County. Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in the program. 5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 5.04 If a child is accepted by the Facility from Contracting County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the representative of the Contracting County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Contracting County to provide for the transportation for the removal of the child. 5.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 5.06 Except as provided in Section 5.04, it is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives either a written authorization from the Contracting County that placed the child, or an Order of Release signed by the Judge of the Juvenile Court of the Contracting County. 5.07 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Contracting County, its agents, servants, or employees in any way to manage control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. 5.08 Contracting County reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Contracting County without the express consent of an authorized agent of Contracting County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Contracting County to examine and evaluate its program of services provided under the terms of this agreement periodically. This examination and evaluation of the program may include site visitation, observation of 2016-2017 G45 Youth Services—Juvenile Residential Facility Services Page 5 of 13 programs in operation, interviews and the administration of questionnaires to the staff of Service Provider and the children, when deemed necessary. 6.02 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Contracting County any and all books, documents or other evidence pertaining to the direct costs and expenses of this Agreement. 6.03 Service Provider will keep a record of all services provided to Contracting County under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services fumished as may be requested by Contracting County. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.04 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children placed by Contracting County, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. 7.02 Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter 380, Subchapter G, Division 1, Rule §380.9909, relating to Access to Youth Information and Records. ARTICLE VIII DUTY TO REPORT 8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Contracting County) within twenty- four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency; B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and, 2016.2017 G45 youth Services—Juvenile FesidentlaI Facility Services PaGe 6 of 13 C. Contracting County. ARTICLE D{ DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Contracting County, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Contracting County: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and, F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) ajailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will 20162017 G43 Youth Services—Juvenile Residential Facility Services Page 7 of 13 receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations, including the Prison Rape Elimination Act of 2003, 42 U.S.C. 15601 or seq. 10.02 Service Provider agrees that it will not engage in any religious indoctrination or require any of the children placed with the Service Provider under this Agreement to participate in any religious activity. Service Provider further agrees that it will not impose any sanctions or deny any benefits to any children placed with the Service Provider under this Agreement solely on account of the child's religious beliefs or because the child does not participate in religious activities. Service Provider further agrees that it will not engage in any activity with respect to the children placed with the Service Provider under this Agreement that would constitute an establishment of religious or in any manner violate the rights of the children to religious freedom under the First Amendment of the United States Constitution. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of Contracting County and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XII DEFAULT, SANCTIONS. PENALTIES FOR BREACH OF CONTRACT 12.01 Contracting County may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof-, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. 2016-2017 345 Youth Services—Jwenlle Residential Facility Services Page 9 of 13 D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIII TERMINATION 13.01 The term of this Contract shall be for a period of twelve months from the effective date; however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Contracting County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Contracting County shall remove at its expense all children placed in the Facility on or before the termination date. 13.02 Service Provider shall cease to incur costs associated with this Agreement upon termination or receipt of written notice to terminate, whichever occurs first. ARTICLE XIV WAIVER OF SUBROGATION 14.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against 2016-2017 G45 Youth Services—Juvenile Residential Facility Services Page 9 of 13 Contracting County. Service Provider also waives any rights it may have to indemnification from Contracting County. ARTICLE XV INDEMNIFICATION 15.01 To the fullest extent permitted by law, Service Provider shall indemnify, defend and hold harmless Brazos county, its elected officials, appointed officials, officers, directors, employees, agents and representatives (collectively referred to as the "indemnitees") from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorney's fees, arising out of, resulting from, or occurring in connection with the performance of the work, provided that such claim, liability, damages, loss, costs or expense is attributable to bodily injury, sickness, disease, or death or to injury to, or destruction of, tangible property, including the loss of use thereof in any way occurring, incident to, arising out of or in connection with: (a) a breach of the warranties provided by Service Provider.; (b) the work performed or to be performed by Service Provider, employees and agents; (c) any negligent action and/or omission of the indemnitees related in any way to the project whether the indemnitees are negligent in whole or in part, and even when the loss is caused by the sole fault or negligence (including acts or omissions that are characterized as negligence per se, negligence premised on strict liability, or any other type of negligence) of the indemnitees; or (d) any fines, penalties, damages (including punitive), liabilities, costs and expenses in connection with: (1) a violation of any law, statute, rule, ordinance, code or other requirement of public authorities; (2) means, methods, procedures or sequences of execution or performance of the work; and (3) failure to secure and pay for permits, fees, approvals, licenses and inspections for which Service Provider is responsible under the agreement documents. Service Provider's indemnity obligation herein shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this section. The scope and extent of this indemnity shall not be limited by the availability of coverage under Service Provider's insurance and shall not limit indemnitees' other legal remedies against contractor or any other person or entity. This indemnification provision shall survive termination of the agreement. ARTICLE XVI SOVEREIGN IMMUNITY 16.01 This Agreement is expressly made subject to Contracting County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Contracting County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 2016]01] G45 Youth Services—Juvenile aesldential Facility Services Page 10 of 13 ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Contracting County or any political subdivision thereof; and, C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Contracting County upon request. Furthermore, the Contracting County shall be notified immediately upon any changes in the status of insurance policies and shall promptly famish updated certificates of insurance to Contracting County. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. 2016-2017 G4S Youth Services—Juvenile Residential Facility Sewices Vol. C �/.1 ry. Page 11 of 13 ARTICLE XXI PRISON RAPE ELIMATION ACT 21.01 The Facility shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape. Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. 21.02 Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation., and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30'h [PREA §115.387(e) and (i)] ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Contracting County for the children placed in the Facility by the Judge of Contracting County having juvenile jurisdiction. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this day of 2016. razCounty(C—om—m—R—stokers Court Date: Duane Peters, County Judge Chairman, Juvenile Board 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 2016-2017 G4SYouth Selkes—Juvenile Residential Facility Services Page 12 of 13 Brazos County Probation Department Douglas Vance, PhD Executive Director G4S Youth Services, LLC Date Tyrenc Green Regional Director Date 2016-2017 G45 Youth Services —Juven Ile Residential Facility Services Page 13 of 13 ® CERTIFICATE OF LIABILITY INSURANCE DATEIMMOOry pSR8R01G THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder m an ADDITIONAL INSURED, the poliry(1es) must endometl. If SUBROGATION IS WANED, aubjocl to the terms and conditions of the policy, certain policies may require on endorsement. A statement on this cenlicato does not confer rights to the certificate holder in IIDu of such endnrsoment(s). PRODUCER Aon Risk Services, Inc of Florida cprfAtt NAVE NC. Mo. E+O: (866) 383-]133 (800) 363-0105 1001 Bri Ckell Bay Drive Suite 1100 Miami FL 33131 USA inp�REaa: INSURER(S) AFFORDINO COVERAGE HAICe A fro MURST, G45 Youth se "ices. LLC 2000 Riveredge Parkway, Suite GL 100 Atlanta GA 30328 USA WSURERA National Uni On Fire Ins CO Of Pittsburgh 19445 N5UREN 8: New Hampshire Ins CO 23841 MURER C: Illinois National Insurance Co 23817 MUM a: Lexington insurance Company 19437 xsoatn e: REveSES SSD, 000 PEeommrm MURER F: r`r1VFCAr".CC V nI VER: THE POLICIES UI INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE THERDONAMED WITH FOR THE POLICY PERIOD THISISTO. NOTWITHSTAYTHATNDING INDICATED. E MAY BE ISSUED OR M REQUIREMENT, TERMOR EWFOCONDITION OF ANY CONTRACT OR OTHER DOCUMENT SUB RESPECT TO TO WHICH THIS CERTIFICATE MAY O ISSUED DR htUY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L04R5 SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. LImlls shown am as requested LTR TYPE OF N6URAlICE ws0 NNO POl1GTRUNBER... A fro x CDXAff0.GYL GEISRALLWBnnT ciAWSWAee ❑x OCCUR EACHM URRENCE $3,00D,000 REveSES SSD, 000 PEeommrm MED EXP NYono pencnl Excluded PERSONALEADVNJURY S31000,000 OEM AGGREGATE LINT APPLES PER: POLRT �JEGo-' % LOC GENERALAGGREGATE 53,000,000 PRODUCTS-COMPOPAGG 53,000,000 OTHER: �` AurOhgelIE LNBenY CA 746-98-77 AOS 10/01/2-01-510/Ol/20260MUMEDSNGLE LWT Rpacddentl $5.000,000 A x ANYAUTO CA 746-98-79 10/01/2015 10/01/2016 90DD.YMULAY(Perpmen) All OWNEDSCHEWLED AMOS AMOS VP B000.YINNPT P ctl]anl (0rB 1 HNEDAUTOS NON -OWNED Ames x c 'n 000 x raa—.e Pp PROPERTTOAMAGE Pe,x Hvnl UMBRELLA tN9 OCCU0. F.HOCC URRENCE Etclas LNa cwMSfMl]E AGGREGATE DEO REIEM B C D EO�gxERTES�cF119�ATWN AIID Y N OFFICEWHGNBERExcn Ds�EMNE IMew.,ory h,Np n 4eer42e untler DkaCRNTION OF OPEMTION$hebv Ed CpiL-primary NrA WCO2478 ll AO$ WCO2A781121 FL 015375551 1/ S 10/01/2015 10/01/20131001/2016 1 10/01/201fi A. DEP Dnp STATUTE EL eACHACcpENr $1,000,000 EL DLNFAafFA ENPlOYEE 11,000,D00 El OGFAa6FOtl^ILWR 51,.6-0 D Agg/per DEC 53,00 0,000 DESCRMTCN DF OPEgAT10M keue,msyenoeME tl mrespsae B npn Evidence of Insurance. The General Liability policy includes Professional Malpractice Coverage. CER1IFn:AIE HOLDER CANCELLATION - ry Gas Youth Seri Ces, LLC 6302 Bar ii aurin Road Suite 40D Tampa FL 33634 USA ACORD 25 (2014101) Move DESCRIBED POLICED BE CANCELLED BEFORE THE EBF, NOTCE Vial. BE DELNEREB N ACCF,,ANCE WTH IN, 61988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -- 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: September 21, 2016 BID NUMBER: 17-082 TITLE: Asphalts, Oils and Emulsions REQUESTING DEPARTMENT: Road and Bridt?e Department APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: l/a� %I (P DEPARTMENT: MEETING DATE: SUBJECT: z• BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 27, 2016 Private Property Access Request permission to enter private property owned by Gwendolyn Hall located on Reed Lane 300 feet north of Dilly Shaw Tap Road. Project will require the County to clean out existing drainage channel. Site is located in Precinct 2. SUBMITTED BY: ACKNOWLEDGED BY: Darrell W. Kolwes Right of Way Agent Precinct 2 This request ise- ROVE ENIED by Commissioners' Court Duane Peters, County Judge Date: / ?? , Vol. 9 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct.2 Kenny Mallard Commissloner Pct. 3 Irma Cauley Commissioner Pct. 4 OWNER(S): Gwendolyn Hall ADDRESS: 1538 Reed Lane Bryan, Texas 77808-6290 R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2517 Hwy 21 West Bryan, Texas 77803 Office: 979-522-2127 Fax: 979-775-0453 raMLnger@bmzoscountytx.gov III. LOCATION OF WORK: 300 feet north of Dilly Shaw Tap Road on Reed Lane 10802 — Green Coleman Sy., A-10, Tract 39.2, 0.5 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clean out existing drainage channel beginning on the east side of Reed Lane and extending 350 feet north to culvert crossing on Dilly Shaw Tap Road. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Date: Gwendolyn Kall '44(,V, R. Alan Munger, P. . Darrell W. Kolwes County Engineer Right of Way Agent vol. Pg ...� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 27, 2016 SUBJECT: Private Property Access Request permission to enter private property owned by Joyce Watkins located at 4411 Dilly Shaw Tap Road. Project will require the County to clean out existing drainage channel. Site is located in Precinct 2. SUBMITTED BY: C-�g L) •� Darrell W. Kolwes Right of Way Agent This request is ACKNOWLEDGED BY: Sammy CXalena Commi stoner Precinct 2 /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: ! ijajb(a Vol. _ _ pg. ;-V4/.-- f E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pat, 3 Irma Cauley Commissioner Pct.4 OWNER(S): BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Joyce A. Watkins 7-7 P- � o T1 R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Office: 979-622-2127 Fax 979-775-0453 ramunger@bmzoscountytK.gov II. ADDRESS: P. O. Box 3011 Bryan, Texas 77805-3011 III. LOCATION OF WORK: 300 feet north of Dilly Shaw Tap Road on Reed Lane 10800 - Green Coleman Sy., A-10, Tract 39, 3.57 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clean out existing drainage channel beginning on the east side of Reed Lane and extending 350 feet north to culvert crossing on Dilly Shaw Tap Road. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. � ll/I -' d. Owner's Signature: Date: �� oy e A. Watkins R. Alan Munger, County Engineer Darrell W. Kolwes Right of Way Agent DEPARTMENT: MEE'T'ING DATE: SUBJECT: �3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 27, 2016 Private Property Access Request permission to enter private property owned by Peggy V. White located on Sandy Creek Drive 300 feet East of Sandy Shore Drive. Project will require the County to construct a temporary detour across property in order to replace culvert crossing on Sandy Creek Drive. Project will include removal of existing vegetation within work area. Upon completion of work, County will leave dirt used for detour, in place. Site is located in Precinct 4. SUBMITTED BY: `Qb,'--v Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Irma Cauley —_- Commissioner Precin t - This request is�7 A ROVED /❑ ED Commissioners' Court Duane Peters, County Judge Date: E -Vo -A-77:77 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters R. Alan Munger, P.E. Brazos County Judge County Engineer Brazos County Road 8 Bridge Dept. Lloyd Wassermann 2017 Hwy 21 West Commissioner Pct. t Bryan. Texas 77803 Office: 979-822-2127 Sammy Catalena Fax: 979-775-0453 Commissioner Pct. 2 mmunger@brazoswuntytx.gov Kenny Mallard Commissioner Pot. 3 Irma Cautey Commissioner Pct.4 OWNER(S): Peggy V. White (979) 823-1328 (Allen Housley 255-5155) II. ADDRESS: 908 Creekside Drive Bryan, Texas 77807-8110 III. LOCATION OF WORK: On Sandy Creek Drive 300 feet East of the intersection of Sandy Shore Drive and Sandy Creek Drive 15743 — J. T. Mawhinney Survey A-173, Tract 1, 27 acres IV. DESCRIPTION OF WORK: Request permission to enter property to construct detour across property in order to replace culverts on Sandy Creek Drive. Detour area will be approximately 300'X 100', measured 150' east and 150' west from the center of existing culverts. Work will require the County to remove and/or trim existing vegetation within work area and install permanent rock riprap to control erosion. Additional Comments: Upon completion of work dirt for detour will be left in place Ground will be hydro -mulched. V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. q Owner's Signature: l/ Date: Peg . White ,F,4,4�,e"r - R. Alan Munger, P. County Engineer ,-)4ji1j,� Darrell W. Kolwes Right of Way Age,_., BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 27, 2016 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from Texas LS Investments, LLC for 0.004 acre of land to be used for improvements to Smetana Road located in Precinct 4. The following supporting documentation is attached for reference: Copy of Special Warranty Deed Copy of Right -of -Way Acquisition Agreement SUBMITTED BY: ACKNOWLEDGED BY: Darrell W. Kolwes lima Cauley � Right of Way Agent Commissioner Precinct 4 This request i�OVED / NIED by Commissioners' Court Duane Peters, County Judge DATE: 7 Mb L0 2 P9'Lam` Vd. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): TEXAS LS INVESTMENTS, LLC, a Texas limited liability company Grantor's Mailing Address: 4405 Regal Oaks Drive College Station, Texas 77845-8806 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Smetana Road KNOW ALL MEN BY THESE PRESENTS: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.004 of one acre of land situated in the JOHN WILLIAMS SURVEY, Abstract No. 237, Brazos County, Texas and being a part of that certain called 1.30 acre tract as described in deed from Trinh Sanh to Texas LS Investments, LLC, a Texas limited liability company, recorded in Volume 10660, Page 191 and corrected in Volume 10779, page 290 of the Official Records of Brazos County, Texas, said 0.004 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. ___..,_--- .---- Vol. 4 � 2 Pg. Acknowledgment STATE OF TEXA § COUNTY OF ; azc5 § This instrument was acknowledged before me on — t — a o r'� by Trinh Sanh, Manager of Texas LS investments, LLC, a Texas limited liability cmpany. u• DARRELL W KOLWES � Aly 23.2018 � My Cam Expires Notary Public, State ofTexas ���M1O M1yn vd EXHIBIT "A" PAGE 1 OF 2 BRAZOS COUNTY RIGHT-OF-WAY WIDENING ALONG SMETANA ROAD BEING 0.004 OF ONE ACRE OUT OF THE SANH TRINH CALLED 1.30 ACRE TRACT VOLUME 10660, PAGE 188 JOHN WILLIAMS SURVEY, A-237 BRAZOS COUNTY, TEXAS January 27, 2016 All that certain lot, tract or parcel of land being 0.004 of one acre situated in the JOHN WILLIAMS SURVEY, Abstract No. 237, Brazos County, Texas, and being a part of that certain Called 1.30 acre tract described in deed from Texas KJ Investments, LLC to Sanh Trinh of record in Volume 10660, Page 188, Official Records of Brazos County, Texas, said 0.004 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a chiseled "X° in concrete found in the occupied west line of Smetana Road and the east line of said Called 1.30 acre tract for the most southerly corner, a chiseled "X" in concrete found for the most southeasterly corner of said Called 1.30 acre tract bears S 03°57'11" E a distance of 59.82 feet; THENCE N 02603'18" E through the interior of said Called 1.30 acre tract for a distance of 99.07 feet to a 112 "Iron Rod With Cap set for the most northerly corner, said corner being located in the northeast line of said Called 1.30 acre tract and also being located in the south line of the Jason Siegert Called 1 acre tract as described in Volume 11475, Page 215, for a 1/2 inch Iron Rod found for an angle point In a northwesterly line of said Called 1.30 acre tract, and being an angle point in the most southerly line said Called 0.89 acre tract bears N 63009'20" W a distance of 128.19 feet; THENCE S 63009'20" E along the northeast line of said Called 1.30 acre tract and the south line of said Called 1 acre tract a distance of 4.15 feet to a 1/2 inch Iron Rod found in the occupied west line of Smetana Road for the most northeasterly corner; THENCE S 04016'23" W along the occupied west line of Smetana Road a distance of 97.40 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.004 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of January, 2016 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No, 4961 and working under Firm No, 10093500. North Orientation is based on rotating the northeast line to grid north, NA083(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. Zp� O x w<r Q Q W W FFaYaY]] LLI /• Z N J }QLL- LL22Vov�iZlo a N �LL- bra '0OULo J o 30- OtQ MOS m O I1 Q 0 == aT. 4�m9 V Q w m l 4 h N b b mE c �top O W n p uk' U0 IzOd;Q ai S 1��M C:am rn v,xit�� 1 N n ro e 1 N ♦ { h 1 d Z W W w V S] N C I 0 N z 0 j '0 0 xa0 Z Na 3 m r' u V UsroOm f1 1W � yaG M_ zoo�Nrov d aMo¢N—W wz oao mm cw o`v meq`D> O a>Z \/ p LL Z W Q o m t m d N 3 Q>o ( a J F a 0 0©® b �� d ¢ W � 1€ ® � 9 zj� C Y' 0 m D W m m > r O O 441 '02,6 0 s W °F9 cv5r Ui 9 N Q C o � o T e d y D- ° - m Y v m m a � \ Z W WKh* O H`p x`10 WWN mU N4J wL°� W=- Q p m� Q o m V O oN d O- V m8=0= - rz mf O �, � •S N "m9 � nN Q 0' o O ° r ib. •"C N D n c �•. zoo° �� W-1 c d o ° Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. sf Executed this 31- day of A cul , 2016. Texas LS Investments, LLC, a Texas limited liability company By: rinh Sanh, Manager j plod.. Y8• L�--- RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Smetana Road Project: R4-280 W.O. No.: 33214 Precinct: 4 I (we) the undersigned owner(s), accept payment of $599.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.004 acre of property located on above mentioned project. Texas LS Investments, LLC, a Texas limited liability company By: Trinh Sanh, Manager Date: 6 w A The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this 1-)-)-41, day of 7� A.D. 2016 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of /- (.k r �v,,, Lloyd WAssermann, Commissioner Precinct #1 Commissioner Precinct #2 Kenny Ma lla }d, Comn}iSg�'oner Precinct #3 Irma Caulev. CorkmissKner Prez in�t #4 Treasurer's Report for the MONTH AUGUST 2016 Vol. p4, a=— I C Nmv°� enn'�'&S.N.,�Fmnm�mm?r^i, 1... mmAmGo-rv.�e^::::din J M Y m V r iN N m y O P 9 P O N m uml ry Mi N M mm O Q N N :N+1 F b N y P V P N a N mm n �1 a' m ti iW O P Cl m P� n W N q i 0 _ Spon mnln e�''N jje'^pr CR N O pi n8 m "` FPn O - Pm n:� my MSamb"P bC`9 o 9 APSp'N b i � mNC.g g�g�w���rm n.P. m�non�aaa�u.nr N$n m m mvm W Nj�P :: m N p N H C: a rN � � r S d w i� � n Po� P�MpP b�bZEa�nOWPO.Mi 2 p P N U y N n 0 n O N Q V 5% O U r 0 ao Eoaz j2 55z £ to aZFzr�a-jZr�=aG� 7 NCO Z e t g LL 8888aosa°Wam°>8a���� F £ Y V 6 2 S o88oS $ O o oo88 �o8�8 ry ry N Wo m �So"ago m M p V o�1�'jk P P o`` BRAZOS COUNTY, TEXAS BUDGET ANIENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15/16 52.1-52.8 On this the 27th day of September 2016 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of September 2016 the Court heard and approved a budget amendment for the 2015-2016 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessarydue to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2015, the following' amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 27th day of September 2016. THE CONDHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. 3—�� By: M Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget a 2q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 52.1 9/27/2016 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 22000100 61620000 CR Subscri tions & Publications 1,607.52 0100 22000100 51610000 DR Howl - Staff 953.00 0100 22000100 53100000 DR Social Security 73.00 0100 22000100 53200000 DR Retirement 133.00 0100 22000100 53800000 DR Workers Comp 12.00 0100 22000100 61900000 DR Visiting Court Reporter 436.52 85th District Court Reallocation of funds to pay for a sib court reporter on Se tember 14-16, 2016 in 85th District Court. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 52.2 9/27/2016 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 48062800 CR JOAG-Saves Pro am 1.00 3000 286000 71715000 DR Victim Notification Service 1.00 OAG - Vine Program Grant To adjust the ori 'nal FY 16 budget to match the actual amount of the DAG - Vine Grant. [VOL -= P9. -7L1-L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 -52.3 9/27/2016 IFUNDI DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 01001 24401100 53300000 CR Employee Health Insurance 4,000.00 01001 24401100 51940000 DR Compensated Leave Pay 4,000.00 Justice of the Peace, Pct. #4 Reallocation of funds to cover the compensated pay for hourly staff for the remainder of FY 16. Vol. � z l a--- Pg. ,;2 M of funds to the correct BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 52.4 9/27!2016 I Other BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15M 6 - 52.5 9/27/2016 FUND DIV ACCT PROJ IDRICRI ACCOUNT NAME Increase Decrease 5000 46028700 CR I Ex ess Risk Benefit 1,360,000.00 5000 64005000 71110000 DR IHealth & Life - Admin Fee 100 000.00 5000 64005000 71111000 DR Health & Life - Prescriptions 740,000.00 5000 64005000 71116000 DR Health & Life - Stop Loss Prem 520,000.00 Group Insurance - Admin. To recoMize revenue in the Health & Life Insurance Fund to offset the overmes in the expenditures for FY 16. DIV CR Admin. And Jail of funds to cover for BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 15/16 - 52.6 - Overtime Vag. _zz _• -` ��__'I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 52.7 9/27/2016 FUND DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 2288002000 53300000 CR Employee Health Insurance 104,000.00 0100 002000 51620000 DR Hourly -Overtime 104,000.00 Jail Admin Reallocation of funds to cover for the overtime in the Jail Administration for the remainder of FY 16. DIV DR BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 52.8 912712016 Health insurance for the remainder of FY 16. IVoi. P9E--Z--S PERSONNEL ga CHANGE OF STATUS REQUESTS Commissioner Court Date: September 27, 2016 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney Prucka, Susannah Separation Road and Bridge Sanchez, Ted Separation Sheriff's Office — Detention Center Rodriguez, Chloe Separation Sandle, Vincent Separation Tax Office Alvarado, Carmen Separation Approved in Commissioners' Court: September 27, 2016 County Judge's or Commissioner's Signature. (This Copy to be attached to minutes) Vol. � Pg. 1� Id PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 27, 2016 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Change of Status 85th District Court Evans, Kristie . Change of Status Frederick, Paula Change of Status Hawthorne, Kyle Change of Status 272nd District Court Bryan ill, Travis Change of Status Montoya, Ernest Change of Status Rodriguez, Connie Change of Status 361 s' District Court Chambers, Tiffany Change of Status Massey, Pat Change of Status Mushinski, Melinda Change of Status Smith, Steven Change of Status Ag. Extension Hold, Charlotte Change of Status Associate Judge #1 Garcia, Dana Zachary Change of Status Vannest, Wayland Change of Status Associate Judge #2 Gore, Glynis Change of Status Miller, Cindy Change of Status Reed, Debbie Change of Status Brazos Center Hare, Rhonda Change of Status Budget Jett, Irene. Change of Status Collections Rios, Ana Change of Status 1 Pg• _ Skinner, Tanya Change of Status Wersig, Michael Change of Status Commissioner's Court Catalena, Samuel Change of Status Cauley, Irma Change of Status Coffman, Cheryl Change of Status Gallego, Candy Change of Status McLeod, Ruth Change of Status Mallard, Kenny Change of Status Wasserman, Lloyd Change of Status Constable Precinct 1 Campbell, John Change of Status Freeman, Mary Change of Status Reeves, Jeff Change of Status Constable Precinct 2 Lampo, Donald Change of Status Constable Precinct 3 Ingram, Joe Paul Change of Status Constable Precinct 4 Butler Jr., Isaac Change of Staus County Attorney Alvarado, Mireya Change of Status Anderson, Rodney W. Change of Status Anderson, Rodney W. Change of Status Arnold, Kellye Change of Status Barnes, Kevin Change of Status Biddle, Scott Change of Status Biddle, Scott Change of Status Bouis, Melissa Change of Status Cooper, Billy Change of Status Field, Randy Change of Status Higginson, David Change of Status Kopetsky, Holly Change of Status Matzke, Flint Change of Status 2 gs -- i Matzke, Flint Change of Status Montoya, Raymond Change of Status Montoya, Raymond Change of Status Tracy, Joseph Change of Status Wager, Troy Change of Status County Auditor Bates, Amy Change of Status Butler, Katie Change of Status Cao, Thao Change of Status Deng, Fang Change of Status Lozano, Rosa Change of Status Mason, Megan Change of Status Murph, Beverly Change of Status Pratt, Brian Change of Status See, Magdalen Change of Status Zdunkewicz, Cindy Change of Status County Clerk County Court at Law #1 County Court at Law #2 County Judge Davenport, Winstonia McQueen, Karen Moehlman, Amber Ramirez, Teresa Reistino, Lauren Workman, Flo Wright, Rebecca Matzke, Amanda Price, Robert Locke, James Rose, Sharon Scott, Bradley Sustayta, Kathryn Jones, Bethany Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status 3 County Treasurer District Attorney District Clerk Peters, Duane Davis, Laura Parsons, Jarvis Dydalewicz, Haylee Dydalewicz, Haylee Hamlin, Nolan Marc Kennedy, Ernestine Kennedy, Ernestine Sutton, Tarryn Sutton, Tarryn Change of Status Change of Status Change of Status Separation Employment Change of Status Separation Employment Separation Employment Elections Administration Alston, Patricia Separation Alston, Patrica Employment Hancock, Trudy Change of Status Schuetze, Kathy Change of Status Emergency Management Bailey -Meade, Michele Change of Status Exposition Complex Beiseigel, Jon Cameron Separation Beiseigel, Jon Cameron Employment Beiseigel, Jon Cameron Separation Bernal, Matthew Change of Status Chappel, Donny Change of Status Coneley, Gary Separation Coneley, Gary Employment Coneley, Gary Separation Daily, Abraham Change of Status Dempsey, Darla Change of Status Eaton, Harold Separation Eaton, Harold Employment Hester, Alexis Change of Status E Exposition Complex- Fair Admin. Exposition Complex- Hot Fund Holliday, Bobby Separation Holliday, Bobby Employment Jackson, Angelia Change of Status Jones, Jackie Separation Jones, Jackie Employment Kraak, Jay Separation Kraak, Jay Employment Lerma, Alberto Separation Lerma, Alberto Employment Mokry, Nicholas Separation Mokry, Nicholas Employment Monarres, Gerardo Change of Status Orr, Robert Separation Orr, Robert Employment Pivonka, Clifford DeWayne Separation Pivonka, Clifford DeWayne Employment Quarles, Thomas Change of Status Rodriguez, Richard Separation Rodriguez, Richard Employment Spelce, John Separation Spelce, John Employment Stringfellow, Fred Separation Stringfellow, Fred Employment Thomas, Margaret Separation Thomas, Margaret Employment Waters, Ron Separation Waters, Ron Employment Zamora, Francisco Separation Zamora, Francisco Employment Warford, Tammi M Foster, Jacqueline Wolfe, Joan E. Change of Status Change of Status Change of Status j G Facilities Services Stutts, Ernest Change of Status Fleet Services Human Resources Chadwick, Ken Davis, Gail Flores, Antonia Garcia, Deyanira Mendez, Mary Salazar, Jennifer Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Information Technology Dainty, Courtney Change of Status Holland, Bill Change of Status Iselt, Ericka Change of Status Lansdown, Trevor Change of Status Melzow, Billy Change of Status Truong, Ben Change of Status Wolfe, Mathew Change of Status Justice of the Peace, Pct. 2 Goerlitz, Shawna Change of Status Munoz, Tommy Change of Status Ramirez, Rebecca Change of Status Justice of the Peace, Pct. 3 Bursey, Daicia Change of Status Giles, Karen Change of Status Hill, Richard Change of Status Runyon, Mary Change of Status Justice of the Peace, Pct. 4 Garcia Jr., Louis Change of Status Vela, Elizabeth Change of Status Juvenile Court Referee Luna, Aida Change of Status Juvenile Services- Academy Goosby, Johnnie Change of Status V, Juvenile Services- Admin. Autrey, Margaret Change of Status Bustos, Jose Employment Hein, Joel Change of Status Kasberg, Stacey Change of Status McDaniel, Demetris Change of Status McKey, Todd Change of Status Mendiola-Washington, Guadalupe Change of Status Oglesbee, Teresa Change of Status Reyes, Christina Change of Status Roberts, Bobbie Change of Status Storemski, Jonathan Change of Status Taylor, Jannifer Change of Status Wood, J G Change of Status Juvenile Services- Detention Aguilar, Manuel Change of Status Bass, Darius Change of Status Burns, Pamela Change of Status Coffey, Christopher Change of Status Gooden, Shatner Change of Status Gray, DaJaval Change of Status Johnson, Christena Change of Status Mable-Bazy, Kami Change of Status Pierce II, Billy Change of Status Robinson, Leonard Change of Status Taylor, Jeffery Change of Status Taylor, Sarai Change of Status Juvenile Services- JJAEP Davis, Wilbert Change of Status Juvenile Services- Title IV -E Varela, Irvin Change of Status Juvenile Services- TJPC State Aid Brown, Dexter Change of Status 7 Vol. o� Z1,2 - C Criddle, Steven Change of Status Crist, Stephanie Change of Status Galls, Greg Change of Status Gray, Cornelius Change of Status Norrid, Jeanie Change of Status Vance, Doug Change of Status White, Melissa Change of Status Juvenile Services- TYC Parole Kuder, Nancy Jo Change of Status Change of Status Morales, Paul Change of Status Medical Services Jones, Michael Change of Status MPO Benthul, Bart Change of Status Bates, Larry Lyon, Lisa Change of Status Change of Status Rudge, Daniel E. Change of Status Purchasing Wendt, Charles Change of Status Records Management Allen, Lynn Change of Status Leggett, Aubrey Change of Status Risk Management Becerra, Robin . Change of Status Perez, Melissa Change of Status Road & Bridge Alvarado Jr., Manuel Change of Status Arnold, Gary Change of Status Arredondo, Amber Change of Status Arredondo, Guadalupe Change of Status Barrera, Emilio Change of Status Bass, Anthnoy Change of Status Bates, Larry Change of Status Carpio, Macario Change of Status Carroll, Shelvin Change of Status M Coborn, Jesse Change of Status Corral, Higinio Change of Status Curtis, Alfred Change of Status Eldridge, Shawn Change of Status Emola, Glenn Change of Status Engleman, Michael Change of Status Galindo, Calistro Change of Status Garcia, Albert Change of Status Greer, Kenneth Change of Status Grisso, Johnathon Change of Status Hill, Howard Change of Status Jackson, Gary Change of Status Jackson, Leroy Change of Status Jacobs, Richard Change of Status Jones, Jon Change of Status Kirby, Daniel Change of Status Luther, James Change of Status Macias, Richard Change of Status Mendez Jr., Benito Change of Status Mitchell, Paul Change of Status Morton, Michael Change of Status Munger, Alan Change of Status Odstrcil, Larry Change of Status Phallan, Shawn Change of Status Ramon, Christopher Change of Status Reyna, Pedro Change of Status Salter, Clifton Change of Status Shriver, James Change of Status Smith, Carlton Change of Status Talley, John Change of Status Telg, Darwin Separation Telg, Darwin Employment Telg, Darwin Change of Status Thomas, Charles Change of Status 9 Sheriffs Office- Admin. Villalpando, Roland Change of Status Villarreal, Victor Change of Status Villeda, Gregorio Change of Status Wich, Adam Change of Status Zdunkawicz, Patrick Change of Status Aranda, Jody Change of Status Basey, Jerry Change of Status Bell, Matt Change of Status Dennis, Nathan Change of Status Elliott, Kenny Change of Status Elmore, Austin Change of Status Garon, Stephen Change of Status Hearen, Josh Change of Status Hernandez, Regina Change of Status House, Garrett Change of Status Kirk, Chris Change of Status Ledesma, Ricardo Change of Status Lindley, Douglas Change of Status McCarroll, Sean Change of Status Moynihan, Christopher Change of Status Oldham III, Clarence Change of Status Ostiguin Jr., Jesse Change of Status Pollock, Tammy Change of Status Ramirez, Edward Change of Status Smith, Terry Change of Status Stewart, W. James Change of Status Villarreal, David Change of Status Wallace, Hugh Change of Status Ware, Jason Change of Status White, Steven Change of Status Williams, Wanda Change of Status Young, Terry Change of Status i 10 Sheriffs Office- Detention Acosta, Jaime Change of Status Alford, Christian Change of Status Allen, Donna Change of Status Allen, Michael Change of Status Aucoin, John Change of Status Bachmeyer, Brian Change of Status Barratt, Jerry Change of Status Bivens, Angela Change of Status Blasienz, Andrew Change of Status Blevins, Josie Change of Status Boone, Clayton Change of Status Bower, Clayton Change of Status Bowser, Melvin Change of Status Boxley, Ahnjayla Change of Status Bradley, Lawonder Change of Status Brosnan, James Change of Status Brune, Karl Change of Status Butler, Patricia Change of Status Calhoun, Michael Change of Status Carpio, Regina Change of Status Cervantes, Valerie Separation Cervantes, Valerie Employment Contreras, Joseluis Change of Status Cook, Laura Change of Status Currie, Michael Change of Status Daily, Bethany Change of Status DeJesus, Servando Change of Status Dobbins, Samuel Change of Status Donaldson, Dillon Change of Status Dozier, Kelly Change of Status Favila, Oscar Change of Status Felder, Latonya Change of Status Grawl, Edward Change of Status 11 Greiner, Christopher Change of Status Gunn, Zachary Change of Status Harris, Demarnae Change of Status Harvey, Terri Change of Status Henderson, Brandon Change of Status Henry, Clarence Change of Status Hernandez, Joshua Change of Status Hewitt, Rhoda Change of Status Hodge, Melrita Change of Status Ivey, Zachary Change of Status Jackson, Adrian Change of Status James, Robert Change of Status Jones, Charles Change of Status Keen, Lashonda Change of Status Kirk, Robert Change of Status Ledyard, Holt Change of Status Little, Matthew Change of Status Lyle, Sidney Change of Status McClure, William Change of Status Marinari, Justin Change of Status Matott, Michael Change of Status Matthews, Bobby Change of Status Menefee, Joseph Change of Status Miles, An'Tanisha Change of Status Miller, Forest Change of Status Mitchell, Casey Change of Status Mitchell, James Change of Status Moore, Wayne Change of Status Nance, Rickey Change of Status Neveu, Albert Change of Status Nunez, Abundio Change of Status Nutall, Jeffery Change of Status O'Brien, Austin Change of Status Osborne, Krista Change of Status 12 Osburn, Macy Separation Osburn, Macy Employment Pechacek, Christie Change of Status Pedersen, Zane Change of Status Pena, Corando Change of Status Plagens, Daryl Change of Status Preston, Mary Change of Status Reed, Eric Change of Status Roberson, Wanda Change of Status Rodriguez, Javier Change of Status Roop, Amanda Change of Status Sanders, Richard Change of Status Santana, Guadalupe Change of Status Schmidt, Jeremiah Change of Status Scott, Jeffery Change of Status Seegers, Robert Change of Status Shelton, Windy Change of Status Slang, Sandra Change of Status Smith, Belinda Change of Status Smith, Sheldon Change of Status Sparks, Telecia Change of Status Stuart, Kevin Change of Status Stubblefield, Nicholas Change of Status Sweatt, Robert Change of Status Thomas, Mary Change of Status Tomas, Cynthia Change of Status Vaughn, Christopher Change of Status Walker, Reginald Change of Status Waller, Courtney Change of Status Walley, Catherine Change of Status Weichert, Jonathon Change of Status White, Carey Change of Status Wilcox, David Change of Status Williams, Deella Change of Status 13 Williams, John Change of Status Williams, Keith Change of Status Wilson, Kenneth Change of Status Winn, Jim Change of Status Wyatt, Larance Change of Status Sheriffs Office- Medical Coleman, Lisa Change of Status Croucher, Rebecca Change of Status Gonzales, Alfonso Separation Gonzales, Alfonso Employment Gonzales, Alfonso Change of Status Hail, Glenda Change of Status Hernandez, Jessica Change of Status Hudson, .Lane Change of Status Lovelady, Patricia Change of Status McGovern, Rodney Change of Status Mobley, Matthew Change of Status Wright, Kathryn Change of Status Ziegelmann, Michelle Change of Status Tax Office Roe, Dorye K. Change of Status Taylor, Reta Separation Taylor, Reta Employment Veteran's Administration Yeppez, Johnny Change of Status Approved in Commissioners' Court: September 27, 2016 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 14 a � P`� Vol.