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Commissioners Court - Regular 4. A. 4. Meeting Date: 01/16/2013 Maintenance Contract - Video Marquee Submitted By: Tyner Little, Commissioners Court Admin Department: Commissioners Court Admin RECOMMENDATION Information Discuss and consider executing a maintenance contract with Capturion, Inc., for the video marquee at the Richard M. Borchard Regional Fairgrounds. BACKGROUND The one year warranty period will expire this month on the fairgrounds video marquee. Capturion has proposed a maintenance contract for $300.00 per month. The proposed maintenance agreement basically covers defective replacement parts on the marquee. DISCUSSION Capturion - Maintenance Agreement Attachments
Standard Terms and Conditions of Service 1. Scope of Service Agreement. The scope of the Service Agreement may provide for equipment listed on either the face of the document or Attachment A and may include those services as defined on Attachment A (excluding maintenance services which are the responsibility of Purchaser as defined on Attachment A or services which may be purchased for an additional fee). Response Times are defined on Attachment A. 2. Term: The Term of the Agreement is January 10, 2012 to January 09, 2013. 3. Conditions Precedent. The obligations of Capturion in this Agreement are subject to the express condition precedent that Purchaser shall perform its obligations under the Agreement, particularly those obligations defined in Attachment A. Capturion Network, LLC may, at its sole discretion, waive these conditions. The Purchaser’s rights and Capturion Network, LLC obligation under this Service Agreement shall be suspended until all undisputed payments owing to Capturion Network, LLC are current. 4. Payment Terms. Purchaser agrees to pay Capturion Network, LLC according to the Payment Schedule as outlined on Page 3 of this document. Purchaser is a governmental entity exempt from taxes. 5. Conditions of Coverage. This Service Agreement provides for the services defined on Attachment A. In addition, Capturion Network, LLC will replace failed LED pixels, if greater than 3.0% of the total number of pixels in the sign have failed in any calendar year during the term of the Agreement, provided the sign is installed with the recommended ventilation/air conditioning system for its location (if applicable). Air conditioning systems must be maintained according to manufacturer’s specifications (if applicable).. Pixel failure occurs when the pixel will no longer emit light. This agreement does not cover LED degradation, which occurs when the LEDs continue to emit light, but at some lesser level of brightness. Pixel repair will be performed at the Capturion Network, LLC Repair Center. Capturion Network, LLC will NOT repair or replace failed communication components. A communication component has failed when it does not transmit or receive data properly. Local site interference or obstructions may cause intermittent or complete failure of communication performance. This Agreement does not include the provision of replacement communication methods (such as wireless direct connect modems, telephone modems, wire, fiber optic cable, conduit, trenching or other solutions) for the purpose of overcoming local site interference. Certain failures may result in a required total replacement and/or upgrade of any or all of the components in the system. In the event of a failure, the component will be checked thoroughly and if the component can be repaired or replaced, the costs of the repair or the replacement part are included in this Agreement. If the component cannot be repaired or replaced for whatever reason, and an upgrade is required, then the Purchaser shall be responsible for the difference in cost between the upgraded component and the cost of the repaired or replaced component to the extent the cost of the upgraded component exceeds the cost of the repaired or replaced component. Further, the Purchaser shall be responsible for any additional upgrades required by the upgraded component in the integrated system. 6. Service outside the Scope of Services listed on Attachment A may be provided on a time and material basis according to the then current rates. Subject to the limitations in the Scope of Services, Capturion Network, LLC will maintain the equipment for normal wear and tear. The equipment may require additional maintenance beyond the Scope of Services attributable to causes other than normal wear and tear. Such causes may include, but are not limited to: inadequate or improper power, improper care or abuse of equipment, unauthorized attempts to repair or modify the equipment, failures caused by environmental conditions beyond Capturion Network, LLC’ control such as corrosives and metallic pollutants, weather, acts of God or nature (including damage done by vermin), terrorism, vandalism, or war. Service does not include paint or refinishing the equipment or furnishing material for this purpose, electrical work external to the equipment, or service of accessories, alterations, attachments, or other devices not furnished by Capturion Network, LLC unless otherwise agreed in writing. Batteries and metallic or fiber optic data cable are not covered unless otherwise agreed to in writing. This Agreement does not cover defects or failure resulting from the use of replacement parts not supplied by Capturion Network, LLC. Costs of normal access to the display(s) are covered under this Agreement. Normal access is defined as unfettered, solid, unrestricted access to the entire display with a 45’ aerial lift or bucket truck for an outdoor display, taking into account environmental or site conditions, or 15’ for an indoor display. Special circumstances will not be covered under this Agreement, including but not limited to: costs of additional lift equipment, or presence of any additional equipment and/or personnel to insure safety of service personnel. (This doesn’t apply to Nueces County’s LED Marquee Display) In no event shall Capturion Network, LLC be obliged to perform Services under this Agreement during the existence of Adverse Conditions. “Adverse Conditions” include, among others, without limitation, the following: severe inclement weather, hazardous site conditions including infestations of animals or dangerous insects, saturated ground conditions, or residence or occupation by unauthorized personnel. The determination of a site condition as an Adverse Condition shall be at the sole discretion of Capturion Network, LLC. Inaccessibility due to Adverse Conditions will exempt a location from coverage under this Agreement until such time as the display(s) become accessible once again. 7. Service Request. Purchaser shall fully cooperate with Capturion Network, LLC in connection with the service of the Equipment. The Purchaser shall immediately notify Capturion Network, LLC in writing of equipment failure and allow Capturion Network, LLC full and free access to the equipment. Waiver of liability or other restrictions shall not be imposed as a requirement prior to accessing the site. Also, the Purchaser will allow Capturion Network, LLC to use necessary machines, communication facilities, and other equipment at no charge. (This would potentially apply to network facilities, power, lifts, ladders, etc.) 8. Return Items. All items returned to Capturion Network, LLC must have a Return Material Authorization (RMA) number. For exchange items, the number is included with the shipment of the exchange unit. For repair items, an RMA number can be obtained by phone (601-428-4014), (International +1-800-268-3260), fax (601- 428-1948) or e-mail (service@capturion.com) unless otherwise directed by Capturion Network, LL PO BOX 6439 LAUREL, MS 39441 (601) 428-4014 Office (601) 428-1948 Fax Page 1 of 2 9. Shipping. When returning Equipment to Capturion Network, LLC, for repair or replacement, Purchaser assumes all risk of loss or damage, and agrees to use any shipping containers, which might be provided by Capturion Network, LLC, and to ship the Equipment in the manner prescribed by Capturion Network, LLC. Purchaser will pay for initial shipping to Capturion. Capturion will cover the return shipment. Overnight shipping is not included under this agreement. 10. Limitation of Warranty. Capturion Network, LLC, shall be under no obligation to furnish continued service under this Agreement if the equipment is moved from its location of initial installation or reinstalled without the prior written approval of Capturion Network LLC, unless the displays were designed by Capturion Network, LLC to be mobile. 11. Default. Capturion Network, LLC reserves the right to terminate this contract if Purchaser fails to make payment to Capturion Network, LLC within thirty (30) days of the agreed payment dates or otherwise fails to comply with this Agreement, or any proceeding is filed by or against Purchaser in bankruptcy. Capturion Network, LLC reserves all its rights (both legal and equitable) under the contract, applicable statutes, or the common law. Selection of a remedy by Capturion Network, LLC shall in no way be construed as a waiver of other remedies available to Capturion Network, LLC. If Purchaser fails to perform any covenant or obligation under this Agreement or any other agreement that Purchaser has with Capturion Network, LLC, including without limitation the failure to pay when due any amounts owed to Capturion Network, LLC under this Agreement or any other agreement between the parties, Capturion Network, LLC shall be excused from the performance of any of its obligations under this Agreement and any other Agreement it has with the Purchaser until such time as said default is cured, if ever. 12. Indemnity. Capturion Network, LLC shall indemnify, defend and hold harmless the Purchaser and their respective subsidiaries, officers, directors, shareholders, partners, employees, agents, insurers, successors and assigns from any and all liability, losses, damages, costs or expenses (collectively, “Losses”) arising out of or in any way related to: (i) any material breach of this Agreement by Capturion Network, LLC; (ii) any negligent act or omission by Capturion Network, LLC or its personnel, agents, subcontractors, or others engaged by Capturion Network, LLC or under Capturion Network, LLC’ control related to the execution of this Agreement; (iii) any claim against any indemnified party by reason of or alleging any unauthorized or infringing use by an indemnified party of any patent, process, trade secret, copyright, trademark, or other intellectual property right regarding the Equipment or the Software and its components; or, (iv) any fine or assessment with respect to any violation or alleged violation of any Applicable Laws regarding safety or health. The Purchaser shall indemnify, defend and hold harmless Capturion Network, LLC, to the extent allowed by law without establishing a sinking fund, and its subsidiaries, officers, directors, shareholders, partners, representatives, employees, agents, insurers, successors and assigns of each of the foregoing from any and all Losses arising out of or in any way related to: (i) any material breach of this Agreement by the Purchaser; or (ii) any negligent act or omission by the Purchaser or its personnel, agents, subcontractors, or others engaged by the Purchaser or under their control (other than Capturion Network, LLC or its personnel, agents, subcontractors, or others engaged by Capturion Network, LLC or under Capturion Network, LLC’ control). 13. Limitation of Liability. The parties agree that in no event whatsoever shall the liability of either party exceed the amount of the purchase price. It is agreed that in no event shall either party be liable for special, incidental, consequential or indirect damages, regardless of cause. Purchaser understands and agrees that the prices granted herein would be higher in the absence of this limitation of liability. Capturion Network, LLC shall have no liability with respect to claims relating to or arising from use of third-party products and services. 14. Force Majeure. Capturion Network, LLC shall be excused from any liability under this Agreement for any delay in performance or failure to perform which delay or failure to perform is caused by circumstances which are beyond the reasonable control of the Capturion Network, LLC, including without limitation acts of God, natural disaster, labor or material shortages, war, earthquakes, acts of terrorism, etc. 15. Assignment. Unless otherwise stated, this Agreement may not be assigned by either party without the written consent of the other party. 16. Termination. Either party may terminate this Agreement upon thirty (30) days written notice thereof. 17. Miscellaneous. This Agreement shall be governed by the laws of the state of Texas, Nueces County, without regard to its conflict of law principles. The parties consent to the jurisdiction and venue of the courts of Texas for any action, suit or proceeding. This Agreement represents the entire agreement of the parties and supersedes any previous understanding or agreement. This Agreement may not be amended or altered in any manner except in a writing signed by both parties. This Agreement may be executed in counterparts. Each party hereto shall pay its own expenses, including without limitation accounting and attorneys’ fees, in connection with this Agreement. The Purchaser and Capturion Network, LLC are not partners or joint venturers. If any part of this Agreement is in any manner held to be invalid, illegal, void, or to be in conflict with any law, then the validity of the remaining portions or provisions of this Agreement shall not be affected, and such part, term, paragraph or provision shall be construed and enforced in a manner designed to effectuate the intent expressed in this Agreement to the maximum extent permitted by law.
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NUECES COUNTY, TEXAS COMMISSIONERS
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B. Authorize payment of bills - reg
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A. Consult with County Attorney to
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Commissioners Court - Regular 1. E.
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Table of Contents Table of Contents
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EMPLOYMENT STATUS: ................
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3.14 Performance Related ..........
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COMPENSATORY TIME OFF: ............
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8.05...............................
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1.05 Meetings: At the discretion of
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factors of jobs in order to determi
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the County, for all regular full-ti
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2.21 Re-Examination: Applicants may
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Commissioners Court. Applicants tha
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employee. 2.41 Voluntary: Transfers
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PERFORMANCE APPRAISAL: 2.55 Frequen
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Individuals who are re-employed wil
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however, balance with the annual to
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c. The current salary, if higher th
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. Time not actually worked does not
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accordance with the provisions sepa
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of disability, retirement or layoff
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. For law enforcement personnel, af
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a. Each request for sick leave shal
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c. Paid leave benefits do not accru
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. An eligible county employee under
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family leave condition of an eligib
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thoughtful conduct on the part of a
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employment. Nor shall any employee
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a. A "substantial interest" is defi
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DEMOTION IN LIEU OF LAYOFF: 6.05 At
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u. the employee comes to work, is a
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. Items (a. 1-5) in the subparagrap
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elief. This appeal must occur withi
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TIME LIMITS OF THE GRIEVANCE AND/OR
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TABLE OF CONTENTS CHAPTER I ORGANIZ
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2.27...............................
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SALARY ADMINISTRATION: ............
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4.18 Employees Who May Earn Vacatio
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LAYOFF RATINGS: ...................
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PURPOSE: __________________________
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. administer a broad personnel prog
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appointing authority, the Court may
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. Any employee who applies for and
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All applicants that take the Civil
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k. Has been unable to be contacted
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paragraphs of this policy should oc
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2.50 Compensation: Employees that a
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Step 1: The employee should discuss
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2.70 Definition: An appointment to
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(90) days must request same on a "c
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3.10 Red Line Rate: Red Lined means
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3. The local job market survey valu
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Time for Nursing Mothers Under FLSA
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3.26 Call Back Compensation For Eli
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. A requirement for medical or dent
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. Employees in temporary or seasona
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d. Sick leave may be used by the em
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e. When an employee is granted LWOP
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C. Authority. The county official w
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USE OF COUNTY-OWNED PROPERTY: 5.04
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2. submission to or rejection of su
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With the prior approval of the Civi
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estore the seniority so lost. Emplo
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. has made a false statement of or
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a. Any officer or employee of the c
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APPEAL TO THE CIVIL SERVICE COMMISS
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2. Award back pay in whole or in pa
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CALL BACK PAY - compensation for el
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INACTIVE EMPLOYEE - an employee who
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REGULAR EMPLOYEE - an employee occu
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Commissioners Court - Regular 3. A.
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CONSOLIDATED CHECK RE Nueces County
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• User ill: Susan D Nueces County
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User ID: Susan D Nueces County Cons
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User ID: Susan D Report Name: AP_CC
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00027295 12/28/2012 VILLARREAL-KUCH
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User ID: Susan D Nueces Countx Cons
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User ID: Rebecca Nueces County Cons
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User ID: Rebecca N ueces County Con
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Commissioners Court - Regular 3. C.
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; 10/30/2012 10/30/2012 i LEROY A B
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Group Name: Nueces County Paid Peri
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Report Name: December Check Registe
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Commissioners Court - Regular 3. D.
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DATE: December 28, 2012 TO: Peggy H
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visitors, and businesses; and for l
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30, 2013. In the event the Chamber
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NUECES COUNTY SUMMARY OF REVENUE RE
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Nueces County, Texas Wells-Fargo P-
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Merchant Cardholder Tran Date Charg
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Merchant WM SUPERCENTER#0464 PARTS
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APPLICATION FOR TEMPORARY POSITIONS
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* From HR, No Questions X From HR,
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PERSONNEL CHANGE REPORT PAGE 3 COMM
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PERSONNEL CHANGE REPORT PAGE 5 COMM
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* From HR, No Questions X From HR,
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State of Texas § County of Nueces
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Commissioners Court - Regular 3. I.
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Some computers in this office are C
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Commissioners Court - Regular 3. J.
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___________________________________
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2.07 Employment Status ............
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2.58...............................
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4.10 Vacation Credit ..............
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CHAPTER VI: REDUCTION IN FORCE: ...
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PURPOSE: CHAPTER I - ORGANIZATION 1
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holding positions in the Nueces Cou
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through the Human Resources Departm
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Resources Department and the top te
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d. Is a habitual user of intoxicati
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During the probationary period, the
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submitted on a NCF-1 through the Hu
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a. To rehire employees who have bee
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d. In all instances, requests for n
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Individuals who are re-employed or
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c. Upon approval of the reclassific
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4. Non-Exempt Employees Use Of Comp
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CHAPTER IV: LEAVES OF ABSENCE: DEFI
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prior to the return to work for: a.
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SICK LEAVE: 4.24 Computation of Sic
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c. Review Of An Employee's Workers
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MILITARY LEAVE: 4.34 General Provis
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vacation and sick leave, or family
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4.40 Lunch and Rest Periods: LAW",
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Such actions may be grounds for dis
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conduct which could be viewed as se
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Upon receipt of such notice, the Di
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h. the employee has been convicted
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understands the severity of the act
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after the receipt of the supervisor
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hearing board or officer so orders.
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___________________________________
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2.01 Applicant ....................
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2.48 Reduction in Force ...........
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RECORDING WORK TIME: ..............
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NON-DISCRIMINATION: ...............
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AMENDMENT OF CHARGES: .............
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a. approval of minutes of the previ
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1.18 Amendment of the Rules: Amendm
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2. A specific list of tasks that wi
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EMPLOYMENT PROCEDURES FOR NON-CLERI
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EDUCATIONAL ATTAINMENT: 2.26 All ap
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Nueces County Department of Human R
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days) for the employee to exercise
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2.53 Salary: a. An employee that is
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Commissioners Court, be eligible fo
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only. Included in the request must
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absences authorized by the Commissi
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3.16 Employee Requested: If an empl
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Page 471 and 472: AMENDMENT OF CHARGES: 8.06 At any t
Page 473 and 474: 9.01 The Nueces County Family and M
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Page 477 and 478: PAID SERVICE - includes actual time
Page 479 and 480: VACATION - compensated leave grante
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Page 483 and 484: FY 2013 $17 million budget 286 empl
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Page 487 and 488: Current Issues 1115 Medicaid Transf
Page 489 and 490: Outpatient Competency Restoration (
Page 491 and 492: Save the Date April 18, 2013 Hollyw
Page 493: Commissioners Court - Regular 4. A.
Page 497 and 498: Payment Schedule Premium Services A
Page 499 and 500: MIKE PUSLEY Commissioner Precinct 1
Page 501 and 502: usiness and expansion of many local
Page 503 and 504: FISCAL YEAR 2013 DESIGNATION OF EMP
Page 505 and 506: Work Plan Progress Report #1 Octobe
Page 507 and 508: TASK 6—TRAINING FOR EMERGENCY MAN
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Page 511 and 512: Name: Position: Name: Position: Nam
Page 513 and 514: NAME OF PROGRAM/ ASSISTANCE: EMERGE
Page 515 and 516: Z:\Jobdescriptions\Emergency Manage
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Page 519 and 520: Z:\Jobdescriptions\Assistant Emerge
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Page 523 and 524: U.S. DEPARTMENT OF HOMELAND SECURIT
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Email: michael.robinson@co.nueces.t
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Commissioners Court- Special Meetin
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Ledger: GL Fiscal Year: 2012 As Of:
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Nueces County, Texas Budget Transfe
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Nueces County, Texas Budget Transfe
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Global - Authorized Capital Purchas
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NUECES COUNTY CONSTRUCTION CONTRACT
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Steve Waterman From: Claudia Lobell
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Commissioners Court - Regular 5. B.
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Joe W. Wilson - Coastal Parks Charl
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COUNTY OF NUECES APPLICATION FOR AP
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ROBERT BUJANOS, JR. 5213 Graford Dr
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COUNTY OF NUECES APPLICATION FOR AP
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udget Included planning, risk manag
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JOHN A. WHITE SR. 77 Townhouse Lane
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Charles W. Zahn, Jr. 1107 South 11
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Coastal Conservation Association -
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City ofPort Aransas - 2005 Citizen
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NUECES COUNTY EMERGENCY SERVICES DI
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NUECES COUNTY BAIL BOND BOARD DUTIE
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