Loading...
HomeMy WebLinkAbout2009-12-08-9:00AM-REGULAR ' 1 S A• I 1\ . t : *i 'r 1C�� II *i F I L -._E l__J \ HUI DEC -4 P 4: 0l '•• ........ • `If c{) kE COUNTYC P BRAZOS COUNTY I ,� °( ;, ,, BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 8 DECEMBER 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 22: 3. Budget Amendment 08/09 - 59.1. 4. Budget Amendment 09/10 - 9.1 thru 9.6. 5. Personnel Change of Status. 6. Agreement with the Brazos Animal Shelter, Inc. for animal shelter services; term of agreement is 10/01/09 through 9/30/10 (previously tabled). 7. Payment Authorization in the amount of $318,118.92 to Collier Construction for construction services on the Expansion of the Brazos County Exposition Complex; a purchase order was not obtained in advance. 8. Payment of Claims. 9. Proposed Brazos County Animal Control Ordinance (previously tabled). Office of the County Judge • 200 Sout 72 re Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -4503 Vol. / o-- Pg. / a�- . Commissioners Court Agenda 8 December 2009 Page 2 10. Request from the Precinct 3 Constable's Office for a County issued credit card to be used in paying various travel related expenses as well as the monthly subscription fee for Public Data, an online service for verifying driver's license information and addresses used in serving warrants and civil papers (previously tabled). 11. Interlocal Agreement with the City of Bryan, the City of College Station and Brazos County for emergency ambulance service; term of agreement is 10/01/09 through 9/30/10. 12. Revised Contract with Bell County for residential juvenile offender services; contract term is 9/01/2009 through 8/31/2010. 13. Project Charter for the Voice over IP (Vol?) telephone system to be installed as part of the Jail Expansion Project, as submitted by the Information Technology Department. 14. Cancelation of the 22 December 2009 regular session of the Brazos County Commissioners Court; a quorum will not be available. 15. Tax Refund Applications for the following: a. Bessie C. Johnson h. Elfred A. & Erna Pfeffer b. MEL Enterprises (2) i. Angie Moya c. Jim E. & Elizabeth A Batson j. Keri Higginbotham Cooper d. Michael Boaz, Sr. k. Angel B. & Secelia V. Coronado e. Lazaro Rendon 1. Amy L. Bradley Galloway f Yolanda Murillo m. Helen Jean Monteith g. AJ's Mobile Homes (3) 16. Renewal of Bid 2008 -042R, Auctioneer Services, with SWICO Auctions and new bid #2010 -15R. Renewal will be from 12/31/09 through 12/30/10. 17. Permission to award Bid 2009 -54, Construction of the Brazos County Courthouse Phase I and Phase II, to Madison Construction, for the amount of $3,431,621.00. 18. Change Order with Collier Construction, adding $1,989,052.00 to the contract sum for the Exposition Complex Phase II. 19. Change Order #2 with Greenway Constructors, Inc., adding $7,990.00 to the contract sum for the Low Risk Jail Facility. 20. Change Order #3 with Greenway Constructors, Inc., adding $3,600.00 to the contract sum for the Low Risk Jail Facility. 21. Request from LT Gathering, LLC to construct a road bore for the installation of a 6" epoxy coated steel pipeline in the right of way of Kurten Lane approximately 5,094 ft. from Hwy 190 (SH 21); Company check #2756 in the amount of $500.00 accompanies the request. Site is located in Precinct 2. Vol. l P g.___ a3 a Commissioners Court Agenda 8 December 2009 Page 3 22. Payment Authorization in the amount of $625.00 to Sungard Public Sector, Inc. to pay a conference registration fee for the Budget Officer. Date of conference was 11/1 -4/09; a purchase order was not obtained in advance. • 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. 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 Brazos 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 Brazos 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 a 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 existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before %e meeting. To make ne , please call (979) 361 -4102. VOI. - b. COMMISSIONERS' COURT REGULAR MEETING DECEMBER 8, 2009 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 9:00 a.m. on Tuesday, December 8, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, 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. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #08/09 -59.1 that would increase the balance in the Capital Project fund. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. Vol / y _ Page as Commissioners Court meeting December 8, 2009 2 The Court next considered Budget Amendment #09/10 -9.1 through 9.6 , which would transfer funds from Contingency to General Capital Improvement Fund, to Community Support; from Building Maintenance to General Capital Improvement Fund; and reallocate funds for GDEM State Homeland Security Grant, Jail Expansion 2007, Byrne Justice Assistance Grant. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The next matter for consideration was the Agreement with the Brazos Animal Shelter, Inc. for animal shelter services. Ashley Wesp with the shelter asked that the wording under #1 be changed to reflect "Certified Euthanasia Tech ". On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of Ms. Wesp and approve the Agreement with the change to #1 as noted above. A copy is attached. Vol d 9 Page ( / .2 40 Commissioners Court meeting December 8, 2009 3 The Court next considered a payment authorization in the amount of $318,118.92 to Collier Construction for construction services on the Expansion of the Brazos County Exposition Complex. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7068771 through 7069154 On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the Proposed Brazos County Animal Control Ordinance. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to adopt the ordinance. A copy is attached. The Court next considered a request from Constable Precinct 3, Wayne Thompson for a county issued credit card to be used in paying various travel related expenses as well as the monthly subscription fee for Public Data, an online service for verifying driver's license information and addresses used in serving warrants and civil papers. Vol ia9 Page /a7 Commissioners Court meeting December 8, 2009 4 Commissioner Mallard moved to approve the request. Commissioner Cauley seconded the motion. Commissioners Mallard and Cauley voted "Aye ". Commissioners Wassermann, Peters, and the County Judge voted "No ". The motion failed. The Court next considered an Interlocal Agreement with the City of Bryan, the City of College Station and Brazos County for emergency ambulance service as allowed under the Interlocal Cooperation Act, Texas Government Code, Chapter 791. The City of Bryan will receive 4 payments in the amount of $60,882.75 per year and the City of College Station will receive 4 payments in the amount of $68,382.75 per year. The term of the Agreement is for fiscal year 2009 -2010. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Interlocal Agreement with the cities of Bryan and College Station and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a revised contract with Bell County for residential juvenile offender services. The costs to Brazos County are as follows: General Offender $95 per day /per juvenile Sex Offender $105 per day /per juvenile On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the revised Vol 1 Page I a 2- Commissioners Court meeting December 8, 2009 5 contract and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a request from the Information Technology Department to approve the Project Charter for the Voice over IP (VoIP) telephone system to be installed as part of the Jail expansion project. The Charter formally recognized the existence of this project and give the project manager authority to apply county resources to the project activities. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the charter. A copy is attached. The Court next considered cancellation of the December 22, 2009 regular session of the Brazos County Commissioners Court meeting. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to cancel the meeting due there being a lack of a quorum available that day. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Bessie C. Johnson, over payment $760.85 b. MEL Enterprises (2), over payment $176.35, $109.75 c. Jim E. & Elizabeth A. Batson, over payment $10.83 d. Michael Boaz, Sr., over payment $9.70 . e. Lazaro Rendon, over payment $147.36 f. Yolanda Murillo, over payment $12.26 Vol / a ct Page l a 9 Commissioners Court meeting December 8, 2009 6 g. AJ's Mobile Homes (3), over payment $174.23, $43.32, $5.75 h. Elfred A. & Erna Pfeffer, over payment $7.95 i. Angie Moya, over payment $49.87 j. Keri Higginbotham Cooper, over payment $24.06 k. Angel B. & Secelia V. Coronado, over payment $26.24 1. Amy L. Bradley Galloway, over payment $102.48 m. Helen Jean Monteilh, over payment $15.60 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered the renewal of Bid 2008 -042R, Auctioneer Services with SWICO Auctions. The terms and conditions remain the same with no price change. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and approved the renewal of Bid 2008 -042R under the new bid number of 2010 -15R. The next matter for consideration was RFP 2009 -54, Hiring of Contractor for Remodeling of Brazos County Courthouse Phase I & Phase II. Pat Howard, Purchasing Agent on behalf of the selection committee recommended Madison Construction for RFP 2009 -54 as the contractor for the remodeling of the Courthouse. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the selection committee and award the RFP to Madison Construction. Vol a7 Page / 3 0 Commissioners Court meeting December 8, 2009 7 The Court next considered a Change Order in the amount of $1,989,052.00 to the contract with Collier Construction on the Expositions Complex Phase II. The change would be to drill and pour structural concrete slab, revise eave height of building, add portacochere and complete build out of entire exhibit hall area. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Change Order. A copy is attached. The next matter for consideration was Change Order #2 with Greenway Constructors, Inc. adding $7,990.00 to the contract sum for the Low Risk Jail Facility. The changes include: 1. Adjusting the contract ,time to reflect the number of rain days from September 23, 2009 to date at no cost. (12 days) 2. Add two half glass units to Door #7 and Door #11 as approved on 10 -09 -2009 $340.00 3. Add HC items and additional fire suppression upgrades per Texas Commission on Jail Standards dated 11 -16 -2009 ($4,675.00) 4. Cost to install additional remote fire connection not on building as originally submitted $2,975.00 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve Change Order #2. A copy is attached. Vol / a Page / 3 / Commissioners Court meeting December 8, 2009 8 The next matter for consideration was Change Order #3 with Greenway Constructors, Inc. adding $3,600.00 to the contract sum for the Low Risk Jail Facility. The changes include: 1. Add one (1) fire hose cabinet and associated valve and piping for a 2 1/2 inch Fire Department connection in Multi- Purpose Room next to electric drinking fountain per approval dated 11 -30 -2009. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve Change Order #2. A copy is attached. The Court next considered the request from LT Gathering, LLC to construct a road bore for the installation of a 6 inch epoxy coated steel pipeline in the right -of -way of Kurten Lane approximately 5,094 feet from Highway 190 (State Highway 21). Included with the request is company check No. 2756 in the amount of $500. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from LT Gathering LLC and authorized the installation. A copy of the request is attached hereto. The next matter for consideration was a payment authorization in the amount of $625.00 to Sundgard Public Vol /a1 Page /3z Commissioners Court meeting December 8, 2009 9 Sector, Inc. to pay a conference registration fee for the Budget Officer to attend a conference November 1 through 4, 2009. No purchase order was obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) Informed the Court that Lita Sifuentez' husband had a stroke. She is the one who provides him with the numbers for the weekly report to the court. She scrambled to get him these numbers. b) There were 501 inmates in jail, 40 are out of county, 50 have monitors and 53 are pending for monitors. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 9 a, Page / 3 3 The foregoing minutes of the Commissioners Court meeting held December 8, 2009 have been examined and are approved in open Court this the X day of J QhiA c raj , 2010, in Bryan, Brazos County Tex- / :lam ... 4tip 4( (.l� bona Randy Sir- Llo kssermann County fudge Commissioner, Precinct 1 Duane Peters Kenny Mall rd Commissioner, Precinct 2 Commissioner, Precinct 3 a au'- Commissioner, P - ct 4 Attest: ar McQuel County Clerk/ 4 a Vol ,/ a q Page /34 BRAZOS COUNTY t COMMISSIONERS COURT Meeting on 1) d , 2009 @ 9 ;or-34-44i Name Organization / Department 6;i-r J4,-. '° ,t 23 , 'mil Adapi ,p � � r yey Uikt L - kr e. Hsu nr s 5cit.4 s rht 0 1 Cd-7 c &h gr & • i Ct.1,6- C 4 -756 ‘ ko #er I gene l- tt T rIA. Sells A CC✓Ib a\- Cukuh i ffas is u _ at ��II. i ,SQ.) L r sV CS MUMMA / PAGE 1 o0. =poi, /c ? Pg. / 3 5 BRAZOS COUNTY COMMISSIONERS S COURT Meeting on q 4) E:4 PAY C . O , 2009 @ `7 , O n C{ . 11 , Name Organization / Department Egli CA-Lb Etc 77T X a/, 50 r 5 „ ' r 1 1 l,1 :s - - r c AA ZSLS L-((ic. 4,- r P . Rive (IQ/ to4r m!'Ia g t e_a_. ( zetgatea. ee_ ege_AA PAGE 2 of? Vol. / . Pg. / 2 !Q *-3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008 -2009 BUDGET YEAR NO. 08/09 — 59.1 On this the 8 day of December 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 8 December 2009 the Court heard and approved a budget amendment for the 2008 -2009 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 8 day of December 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. /A By: alfr-a Rand ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes /27 Pg. `0 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 59.1 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 46080000 CR Sale of Capital Assets 210,000.00 4500 63000500 80289000 DR Equipment - R &B 210,000.00 4500 46080000 CR Sale of Capital Assets 20,979.79 4500 63000500 80890000 DR Equipment - R &B 20,979.79 Capital Project Fund - Commissioners' Court: I). To realize the sales credit received from Mustang Machinery Company on the two motergraders that were sold back based on the buyback contract. 1 1 1 2). To realize the insurance recovery the County received on a wrecked vehicle (Brazos Center, Asset ID# A001001279). 'De actme0 Appro al „ aa-V " :“: to t Whatos Prepared B ," seita t Daie : s 1' 30Y 009. r n z '., i rai i m tar:' Wit �ou`ttyJM, ; Repp valetT; s :.,carsy 1 d 7 _/ 3---- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 9.1 thru 9.6 On this the 8 day of December 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 8 December 2009 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 8 day of December 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. r By: A Ran. - Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes / a 7 Pg - Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 9.1 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 30.15 0100 11002000 73570000 DR Next Generation Industrial Park 30.15 Community Support To allocate funds to allow for the payment of property taxes for the Next Generation Park owned by Brazos County and the City of Bryan through the City of Bryan and Brazos County Economic Development Foundation. The tax bill is being split on a 50/50 basis. it f i S I Kv A Nir�,+ �-u::c S Cv / g. y4.4>sPl^"aA • ,a4 3P via red Bq q 4 pate _ ' 12/1/2009 Y 4j } g� _ � r 5 Y 1r1 AA/ { " d n younty�Ju ° d Approval r T *r • g „ t ; .t1 Vol. /02 7 p I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 9.2 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 50,000.00 0100 91110000 DR Transfer to Capital Improvement Fund 50,000.00 4500 49028000 CR Transfer from General Fund 50,000.00 4500 63000500 80101006 DR Bldg Renov. - JP 4 & Const. 4 50,000.00 General Fund Contingency and General Capital Improvement Fund To allocate funding for the renovation of the JP4 & Constable 4 building (area) as approved by Commissioners Court on December 1, 2009 item no. 10. Wska y . rw x . :-:. 04;7:1, 51, 3 va 'rfirdee S S yt'.i :'`7 9 i tts, f �" �` " } IDeparimgpap o al i ` ' 4 5 : �'., a 0p fl x. - . P :x Prepar B y „ �, ,ce Date W �" L .,: niith /loos; T . wri .. r i' Date a `ICou�Ju. . e�Approval,��„ t " 5.- ' .v.. � ��,. -�H.� • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 9.3 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 17000100 59100000 -CR DDEA 3,478.00 0100 91110000 DR Transfer to Capital Improvement Fund 3,478.00 4500 49028000 CR Transfer from General Fund 3,478.00 4500 63000500 80292000 DR Equipment - Xray 3,478.00 Building Maintenance and General Capital Improvement Fund To allocate additional funding for the X -Ray Machine using Building Maintenance department's DDEA funds as approved by Commissioners Court on December 1, 2009. The X -Ray machine budget is $27,747 additional options are being requested which increased the price of the machine by $3,478 the cost total of $31,225. / s lig x.x -34.. -'f"" N tjk'�� b a. sr eflt - t. T t 5.7 tF i Y nate'� �r ^�. t ..� yi d.'+ �'"'rT,� .. Mn, +. » r c .-, P... ...._ P, _ ::; t s r t lPrep By s" , , �� tfl' • P!! e* �`r� `y"-Y4 „Y 12%1/2009 COO QpprovOSI _' Date , _ .. Vol. /019 Pg.. I a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 9.4 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 355400 67286000 CR Equipment - Other 13,364.00 3000 355400 71020000 DR Computer Contracts 13,364.00 Brazos County Grant Funds: GDEM State Homeland Security Grant To reclassify budget for Dialogics support on Reverse 911 System. La s+ -sa *Prase: c1 „ .Deparitment ` i.N , at fiat . D eep ar e dhRy r A! . - �1 1/2009 z y ' - -i Coun Ju a ATi royal 5 ` f. i *Dafr' t w Vol. / 2 9 Pg. J '13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 9.5 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Buildings - Sheriff Jail 7,300.00 4308 63430800 67050000 DR Appliances 2,300.00 4308 63430800 61801000 DR Travel 5,000.00 Jail Expansion 2007 To reallocate funds to allow for the purchase of appliances and travel expenses in connection with the evaluation a demonstration of the Detention and Security systems at ISI offices in San Antonio. a m rarer t t e menffQppro�ral.. D .,. ..1 �x ate .'e ��'.,t`-" ;Date_`rl?8°ry,,,w"�'t: i 1211%2008 re, e : ern 497 ta64 goincrinzogniffirteammagiteriTtalvar4 ` Li 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 9.6 12/8/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 288000 67286000 DR Equipment - Other 975.00 3000 288000 60400000 CR Investigation Supplies 605.00 3000 288000 60500000 CR Office Equipment 370.00 Brazos County Grant Fund: Byrne Justice Assistance Grant To reallocate funds to allow for the purchase of heat sealer and supplies for maintainig evidence. t_r. s s rm � : *�» i W , .i II pDe artm5en [o`v `. Dafe tatiM Prepare symos r f.i Date," , , {121.112009; . ��� a ; r . a r '..f 4. • ,' t4 tP .......--e f .arG or � `.. .: e rot"in"lit l ,. taDate c y-ii Vol. / - 9 P ._._ .-- - g' PERSONNEL 1 CHANGE OF STATUS REQUESTS C5 Commissioner Court Date: December 8, 2009 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 Building Maintenance Gamez, Rosa Termination Guajardo, Felisa Budget Change Expo Complex Adams, Rance Resignation Tax Office Schuetze, Kathy Promotion Approved in Commissioners' Court: December 8, 2009: / County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL . / Q Pg. / 44' AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2009 — September 30, 2010 THE STATE OF TEXAS § COUNTY OF BRAZOS § �} u I _ This Agreement is made this 941 1 day of D tt.{ , 2009 by and between The Brazos Animal Shelter, 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 "). Whereas, the Shelter operates a facility currently located at 2207 Finfeather 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 follows: 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 p 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 $Q Q Q based upon the term of the contract. The fee shall be divided into twelve payment of $ 3.54.. to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees the COUNTY collects for the registration of dogs and cats within Brazos County commonly referred to as "license fees." The SHELTER shall administer the County License program. 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 contract 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. 1 AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2009 — September 30, 2010 Vol. -f p / '47 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 (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 it owner in the field. 7. 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. 8. The SHELTER agrees to provide to the COUNTY on or before the last day of each month during the term of this contract 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. 9. 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 and the number of animals attributable to the COUNTY and the length of stay of each such animal. 10. 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. 11. In the event animals are being held by the SHELTER as a result of a cruelty, 2 AGEEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2009 — September 30, 2010 Vol. 139 p I �-8 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 the COURT orders the animal owner to pay such costs and the same are paid within 60 days of such order. If the fees are not paid by the animal owner, after 60 days, the SHELTER shall invoice the COUNTY for those fees and assign its right of recompense by such owner to the County. 12. 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 or negligence of SHELTER or its agents, including claims against the COUNTY for respondent supervisor or vicarious liability, arising out of SHELTER' s obligations under this agreement. 13. 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. 14. 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 30day written notice. 15. 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. 3 AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2009 — September 30, 2010 Von. is 9 P � 41 16. GOVERNING LAWAND 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 BRAZOS COUNTY shall be Brazos County. 17. 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 BRAZOS COUNTY and SHELTER to attempt to resolve any 69 R Pei claim for breach of contact 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 SHEL'J ER's claim and any counterclaim and negotiate with SHELTER in an effort to resolve the claim. 18. 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 (imitations 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 Agreement 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. 19. The SHELTER agrees to provide the COUNTY AUDITOR with an annual accounting statement evidencing the use and disbursement of monies paid by the COUNTY and shall allow the County Auditor access to its records and premises. 20. This Agreement is not assignable by either party. 21. This Agreement shall be for a term of one year commencing on October I, 2009 and terminating on September 30, 2010. IN WITNESS WHEREOF, the said COUNTY and the said SHELTER have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. A1LEST: B 1' COQ# , ,i � �i� " . �l��f Karen McQueen, County Clerk Randy S' a , County Judge B • OS ANIMAL SHELTER, INC n Ashley Wesp, B or AGEEMENT FOR ANIMAL SHEL 1 ER SERVICES Brazos County and Brazos Animal Shelter, Inc. 4 October 1, 2009 — September 30, 2010 voi. l c) C 1 Pg. 150 -t r BRAZOS COUNTY ANIMAL CONTROL ORDINANCE AN ORDINANCE OF THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, TO ESTABLISH A RABIES CONTROL PROGRAM, RESTRAINT OF CERTAIN ANIMALS, DESIGNATE A LOCAL ANIMAL CONTROL AUTHORITY, REGULATE DANGEROUS DOGS, • DECLARE A PUBLIC NUISANCE AND PROVIDE PENALTIES PURSUANT TO CHAPTERS 822 AND 826 OF THE TEXAS HEALTH & SAFETY CODE. WHEREAS, the Commissioners Court of Brazos County is authorized by Chapter 822 of the Texas Health & Safety Code to enact a local ordinance to regulate the registration and restraint of animals; and WHEREAS, the Commissioners Court of Brazos County is authorized by Chapter 826 of the Texas Health & Safety Code to enact a local ordinance to require rabies vaccinations and other measures as a means to prevent the dangerous spread of rabies; and WHEREAS, it is the intent of the Commissioners Court to enact this animal control ordinance in an effort to protect the public health and safety of Brazos County residents and encourage the humane treatment of animals; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: The following provisions be adopted this the day of I kCx4her , 200 q SECTION 1. INTENT AND AUTHORITY Section 1.1 Authority. These regulations are adopted by the Commissioners Court of Brazos County, Texas acting in its capacity as the governing body of Brazos County, Texas as authorized by Chapters 822 and 826 of the Texas Health & Safety Code. Section 1.2 Intent It is the intent of the Commissioners Court of Brazos County, Texas to enact this ordinance in order to protect the public health and safety of the citizens of Brazos County and the Commissioners Court hereby declares that this ordinance is necessary for the immediate preservation of the public peace, health and safety. This ordinance is further intended to encourage the humane treatment of animals and prevent cruelty to animals. L� VO 1 e9age 1 of 17 p 1 `l 1 g. Section 1.3 Strict Liability. Unless otherwise indicated, any person who violates a section of this ordinance shall be strictly liable for such violation and shall be subject to the penalties herein established. Section 1.4 Municipal Ordinances to Supersede. This ordinance shall not prevent a corporate municipality within the county from establishing any rules and regulations to control animals within its corporate limits. Any such ordinance established by said corporate municipalities shall supersede this ordinance thereby preventing dual enforcement. In such cases, this ordinance will not be enforced within the corporate limits of any municipality. SECTION 2. DEFINITIONS As used in this ordinance, the following words and phrases shall have the following meanings: Section 2.1 Abandoned Animal: Shall mean any animal that has not been provided with one (1) or more of the necessities of life including air, food, water, or protection from the sun and other elements of nature, or has been left in the custody of another person without their consent or to neglect or refuse to provide or perform legal obligations for the care and support of an animal. Section 2.2 Animal Control Officer: Any person(s) designated by the Brazos County Sheriff or his designee to perform the duties outlined in this ordinance. Section 2.3 Animal Cruelty: Any treatment of an animal which deprives the animal of necessary sustenance, including necessary food, clean water and adequate shelter for protection from weather, or any treatment which constitutes torment, physical abuse, mutilation, or lack of proper veterinary care (Penal Code: 042.92). Section 2.4 Animal Owner: Any person who owns, keeps, or has custody or control of an animal. Section 2.5 Bite: Any puncturing, tearing, or scratching of the skin caused by an animal. Section 2.6 Cat: Felis Catus. Section 2.7 "Chapter 822" means Chapter 822 of the TEXAS HEALTH AND SAFETY CODE. "Chapter 826" means Chapter 826 of the TEXAS HEALTH AND SAFETY CODE. Section 2.8 Companion Animal: Means any domestic or feral dog, domestic or feral cat, non -human primate, guinea pig, hamster, or rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person, or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animal VOL 'c)-gage 2ofl7r, 1 5 regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Section 2.9 Dangerous Dog: A dog is dangerous if it: a) makes an unprovoked attack on a person causing bodily injury and the attack occurs in a place other than an enclosure in which the dog is being kept; or b) commits unprovoked acts in a place other than an enclosure in which the dog is being kept and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Section 2.10 Dog: Canis Familiaris. Section 2.11 Domestic Animal: Any animal that is owned, kept, or controlled by a person other than those with a wildlife exemption. Section 2.12 Farm Livestock: Refers to cattle, hogs, sheep, goats, mules, horses, jacks, jennets, or poultry raised or used on a farm or ranch for food or the production of legal income. Section 2.13 Holiday: Those days designated as official holidays by the Brazos County Commissioners Court. Section 2.14 Microchip: Shall mean an identifying chip placed under the skin of an animal used as an additional form of identification. Section 2.15 Restraint: An animal that is: a) tied in such a way as to prevent it from leaving the owner's premises and from being within ten (10) feet of any public road driving surface; b) totally enclosed in a fence constructed in such a way as to prevent it from leaving the owner's premises. The use of a wireless fence which transmits either a high frequency sound or a pulse stimulus shock and that is intended to train the dog to stay on the premises will be considered a means of restraint; or c) accompanied by a responsible person who is able to control it with a leash, or verbal or visual commands. d) On its owner's property. Section 2.16 Serious Bodily Injury: An injury characterized by severe bite wounds or severe ripping and tearing of muscle or tissue that would cause a reasonably prudent person to seek treatment from a medical professional. Section 2.17 Stray: Means roaming with no physical restraint beyond the premises of an animal's owner or keeper. The display of a vaccination tag or license tag does not change the fact that the dog or cat is a stray or an abandoned animal for the purpose of these Regulations. VOI. C 153 Section 2.18 Vaccinated: An animal which has been currently and properly injected with a rabies vaccine, licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed by the State of Texas. Section 2.19 Wild Animal: All species of animals that naturally exist in an unconfined state and are usually not domesticated shall be deemed wild. This definition, which creates a rebuttable presumption, shall apply whether or not the wild animal has been confined for any duration in any fashion. SECTION 3. LOCAL ANIMAL CONTROL AUTHORITY Section 3.1 Designation of Animal Control Authority. The Commissioners Court of Brazos County, Texas, hereby designates the Brazos County Sheriff as the local animal control authority and creates the position of Animal Control Officer within the Sheriff's Office to assist with the following: a) formulation of rules and procedures to be approved by Commissioners Court for the enforcement of this ordinance; b) supervising the implementation, administration and enforcement of this ordinance. Section 3.2 Duties of Animal Control Officer. The Animal Control Officer or his authorized designee will be responsible, for, but not limited to, the following duties as set forth in this ordinance and to carry out provisions of the State laws pertaining to control and eradication of rabies. a) Animal bites — receive and investigate reports of animal bites within Brazos County in a timely manner. Bites occurring within municipalities having animal control ordinances will be referred to the proper municipal authority. b) Quarantine — perform immediate and proper quarantine procedures for animals suspected of having rabies. Animals may be placed in approved animal shelters, approved veterinary hospitals or owners' approved premises. c) Destruction — perform immediate, if warranted, proper and humane destruction of certain animals described in this ordinance. d) Citations — Issuance of citations for various violations and offenses set forth. e) Records — Provide necessary data and reports on a periodic basis as required by Commissioners Court. Section 3.3 Interference with the Animal Control Officer and Penalty. A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with an officer with responsibility for animal control, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code. An offense under this section is a Class B Misdemeanor. (Texas Penal code §38.15). SECTION 4. LICENSING AND REGISTRATION & FEES Section 4.1 Animals to be Licensed: Registration of all cats and dogs will be required. It would be encouraged to have Rabies Tags on the animal for identification purposes. The fee for Brazos County Registration and tag is $15.00 per year for each dog or cat. Von. lw age 4 of 1p ! 5 '+ The fee for replacement of Brazos County tag is $1.00 per tag. The county license expires on the anniversary of the rabies vaccination. SECTION 5. RABIES CONTROL PROGRAM Section 5.1 Rabies Vaccination. No person shall own, keep, or harbor within the county any dog or cat over the age of three (3) months unless such dog or cat has a current rabies vaccination. A rabies vaccination is required. Any person moving into the county shall comply with this section within ten (10) days after having moved into the county. A current rabies vaccination is required to purchase a Brazos County license. Section 5.2 Certificate of Vaccination. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat a certificate using a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information. a) the name, address and telephone number of the owner of the vaccinated dog or cat; b) the date of vaccination; c) the type of rabies vaccine used; d) the year and number of rabies tag; and e) the breed, age, color, and sex of the vaccinated dog or cat. Section 5.3 Rabies Tag. Concurrent with the issuance and delivery of the certificate of vaccination, the veterinarian shall furnish to the owner of the vaccinated dog or cat a metal tag. The owner of the dog or cat shall attach the metal tag to the collar or harness of the vaccinated dog or cat, serial numbered to correspond with the vaccination certificate number, and bearing the year of issuance and the name of the issuing veterinarian and his/her address. The owner shall have the collar or harness, with the metal tag attached, on his/her dog or cat at all times. Any other methodology approved and accepted by the Texas Department of State Health Services for identification purposes will be considered by the Animal Control Officer. Section 5.4 Duplicate Tags. In the event of loss or destruction of the original tag provided in Section 5.3, the owner of the animal shall obtain a duplicate tag. Vaccination certificates and tags shall be valid only for the animal for which it was originally issued. Duplicate tags may be purchased from any practicing veterinarian in Brazos County. Section 5.5 Proof It shall be unlawful for any person who owns a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this order. Vol. °2 5 uf . p g• 1 5 • Section 5.6 Unvaccinated Animal It shall be unlawful for any person to own, keep or harbor a dog or cat which has not been vaccinated against rabies, as provided herein, which cannot be identified as having a current vaccination certificate. Section 5.7 Animals Exposed to Rabies. a) Any person who has reason to believe that any animal, whether or not currently vaccinated, has been exposed to rabies must immediately report the incident to the Animal Control Authority. b) Any such animal shall be impounded and placed in isolation in a facility approved by the Animal Control Authority, for such time as is necessary, depending upon all relevant circumstances, for a Licensed veterinarian to determine that the animal has not contracted rabies. c) If the owner of the animal cannot provide an approved isolation facility or does not agree to pay for the facility, the animal shall be humanely destroyed at the owner's expense. d) If the animal's owner cannot be identified or located within seventy-two (72) hours from the time of impoundment, not counting weekends and holidays, the animal may be humanely destroyed. e) In addition to any impound fees, any costs directly associated with the examination, treatment, and/or vaccination of the animal shall be due prior to release of the animal. f) Refer to Chapter 826 of the Health & Safety Code. Section 5.8 Penalty for Violation. a) An offense under this section is a Class C Misdemeanor. b) It is a defense to prosecution under this section that the person charged produces proof of vaccination that was valid at the time the offense is alleged to have occurred. SECTION 6. REPORTING BITES FROM ANIMALS SUSCEPTIBLE TO RABIES Section 6.1 Report Required Any person having knowledge of a bite to a human by any warm - blooded animal shall report the incident to the Animal Control Officer as soon as possible. Section 6.2 Quarantine Required The owner, if any, of the biting animal shall place the animal in quarantine as prescribed in Section 7 under the supervision of the Animal Control Officer. Section 6.3 Investigation. The Animal Control Officer shall investigate each bite incident reported. SECTION 7. QUARANTINE PROCEDURES Section 7.1 Rabies Quarantine. Vol. c q Pgg 5 1P Page 6 of.$ a) When an Animal Control Officer has probable cause to believe that the owner of an animal that has bitten a human has been identified, the owner, if any, will be required to produce the animal for ten (10) days confinement at the owner's expense. b) Refusal to produce said animal constitutes a violation of this section. c) The ten (10) day observation period begins on the day and time of the bite. d) The animal must be placed in an animal control facility or a veterinary hospital approved for that purpose by the Texas Department of Health or on the owner's property in an approved manner. Section 7.2 Zoonosis Control Rabies Control and Eradication. Disposition of Domestic Animals Exposed to Rabies. a) Not currently vaccinated animals which have been bitten by, directly exposed by physical contact with, or directly exposed to the fresh tissues of a rabid animal shall be: 1) humanely killed; or 2) immediately vaccinated against rabies, placed in confinement for 90 days, and given booster vaccinations during the third and eighth weeks of confinement. For young animals, additional vaccinations may be necessary to ensure that the animal receives at least two vaccinations at or after the age prescribed by the United States Department of Agriculture (USDA) for the vaccine administered. b) Currently vaccinated animals which have been bitten by, directly exposed by physical contact with, or directly exposed to the fresh tissues of a rabid animal shall be: 1) humanely killed; or 2) immediately given a booster rabies vaccination and placed in confinement for 45 days. c) These provisions apply only to domestic animals for which a USDA - licensed rabies vaccine is available. d) In situations where none of the requirements of this section are applicable, the recommendations contained in the latest edition of the publication titled Compendium of Animal Rabies Prevention and Control, published by the National Association of State Public Health Veterinarians, should be followed. The administration of a rabies vaccine in a species for which no licensed vaccine is available is at the discretion of the veterinarian; however, an animal receiving a rabies vaccine under these conditions will not be considered to be vaccinated against rabies virus in potential rabies exposure situations. Section 7.3 Owner Refuses Quarantine. If the biting animal cannot be maintained in a secure quarantine or if the owner chooses not to pay for the quarantine, the animal may be humanely destroyed, and the brain shall be submitted to a Texas Department of Health (TDH) certified laboratory for rabies diagnosis, at the owner's expense. Section 7.4 Wild Animals. No wild animals will be placed in quarantine. All wild animals involved in biting incidents shall be humanly killed in such a manner that the brain is not mutilated and the brain shall be submitted to a TDH - certified laboratory for rabies diagnosis. ia9 P s� Vol. g. Page 7 of 17 Section 7.5 Penalty for Violation. a) An offense under this section is a Class C Misdemeanor. b) If it is shown on trial that a person has been previously convicted under this section, no portion of a fine imposed for subsequent violations may be deferred, suspended or probated. c) Each day an animal is not produced for quarantine shall constitute a separate offense. SECTION 8. ANIMAL RESTRAINT Section 8.1 Animals At- Large, Generally; Stray It shall be unlawful for any person to allow any animal to be a stray or nuisance within the county. Any animal subject to this regulation that is roaming without restraint, whether or not the animal's ownership is readily ascertainable shall be deemed a stray and a public nuisance. Any animal found to be a public nuisance may be taken into custody by the Animal Control Officer. The Animal Control Officer may make reasonable effort to notify the owner of the conditions, whereby custody of the animal may be regained if the Animal Control Officer elects to impound the animal. Animals not claimed by the registered owner within a period of three (3) days in which the shelter is open to the public a minimum of four (4) hours, shall become the property of the animal shelter. Section 8.2 Elimination of Stray Animals: Subject to citation for violation of this order, an owner may claim the animal within this time period after paying all incurred costs and impoundment fees. Section 8.3 Restraint, Impoundment, and Disposition of Dogs and Cats: In accordance with Texas Health and Safety Code §§ 826.014 and 826.015: a) Each dog or cat shall be restrained by its owner. b) Each stray dog or cat is hereby declared a public nuisance. c) Each unrestrained dog or cat may be detained or impounded by the Animal Control Officer, and; d) Each stray dog or cat can be impounded for a period set by this ordinance. e) When dogs or cats are stray and their ownership is known to the Animal Control Officer, the Officer may: 1) Impound the animal; 2) Cite the custodian of the animal to appear in a Justice of the Peace court to answer charges of violation of these Regulations; or, 3) Impound the animal and cite the custodian of the animal to appear in a Justice of the Peace court to answer charges of violation of these Regulations. Section 84 Penalty for Violation. An offense under this section is a Class C Misdemeanor. f a9 I Vol. R b 3 417 co. SECTION 9. STANDARD CARE Section 9.1 Under no circumstances shall any person keep at his or her premise more companion animals than can be properly maintained in a healthy condition (as outlined below) without presenting a health or safety hazard to the owners, keeper or others and without constituting a nuisance to the occupants of neighboring properties. Each owner shall provide for each of his/her animals: (Reference Definition of Domestic Animal- Section 2.7). (Reference Definition of Farm Livestock - Section 2.16) excluded. a) Adequate food Adequate food which means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. The determination of adequate feed can be made by an animal care professional. b) Adequate water. Adequate water means provision of continuous access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner and in sufficient volume to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. c) Adequate shelter that is properly cleaned Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury, are not adequate shelter. d) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight. Adequate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. VOL t r ge9vjl Pg. I � 1 e) Adequate exercise. Adequate exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. (The intent is to provide opportunities for socialization. Lack of exercise, socialization and mental stimulation may lead to behavior problems such as self - mutilation, destructive behavior, fear and aggression. A pet needs a relationship with at least one other living being. Chronic isolation is unnatural and unhealthy for a companion animal. Human contact that occurs only when food and water are replenished does not constitute proper attention.) J) Adequate care, treatment and transportation. Adequate care means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. g) Veterinary care, including emergency treatment when needed or to prevent suffering or disease transmission. Veterinary care means treatment by or on the order of a duly licensed veterinarian. Emergency treatment means veterinary treatment to stabilize a life - threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. h) Tethering of animals: Animals being tethered or restrained by a chain, rope, tether, Leash, cable or other device to a stationary object, cannot restrict the animal in any way that could be defined as being "cruelly treated ", as set forth in Chapter 821 of the Texas Health & Safety Code. Section 9.2 Prohibition of Inhumane Treatment. a) Any inhumane treatment of any type of animal shall be deemed cruelty. b) It shall be unlawful for a person to intentionally, knowingly, recklessly or with criminal negligence, by act or omission, treat an animal inhumanely (Penal Code: 42.092 and 42.09). SECTION 10. DANGEROUS DOGS Section 10.1 Requirements for Ownership of a Dangerous Dog. Not later than the 30 day after the date an owner learns that he /she is the owner of a dangerous dog that is not to be humanely euthanized, the owner shall: a) Comply at all times with the requirements set forth in Subchapter D, Chapter 822 of the Texas Health & Safety Code; and b) Identify the dangerous dog with permanent identification such as a microchip or a tattoo; and c) Affix county issued "dangerous dog" tag to the dog's collar that must be worn by the dog at all times and renewed annually; and d) Restrain the dangerous dog at all times on a leash, no longer than 6 feet in length, and a capable adult person has immediate physical control of the leash at any time Vol. t 10of17 l (oO the dog is not in a secure enclosure; and secure the dangerous dog with a mu77le in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason; and e) Confine the dog in a secure enclosure that provides the following criteria, fenced area or structure that is: 1) locked; 2) capable of preventing the entry of the general public including children; 3) capable of preventing the escape or release of a dangerous dog; 4) clearly marked as containing a dangerous dog; and 5) conforms to the requirements for enclosures established by the Animal Control Authority. f) Clearly mark the enclosure by posting dangerous dog signs on all sides; and g) Obtain liability insurance coverage in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage to the Animal Control Authority; and h) Surgically spray or neuter the dog and provide proof to Animal Control that the dog has been sterilized; and i) If the owner of a dangerous dog sells the dog or moves to a new address, the owner, not later than the fourteenth (14 day after the date of sale or move, shall notify the Animal Control Authority for the area where the new address is located. On presentation by the current owner of the dangerous dog prior registration tag and payment of a fee, the Animal Control Authority shall issue a new registration tag to be placed on the dangerous dog's collar. j) The owner agrees to disclose to any boarding facility, veterinary clinic, or animal trainer, prior to the dog's visit, that the dog is dangerous and notify Animal Control that the dog is being transported; and k) The dangerous dog may not be in a public right of way or public place unless it is being transported to a licensed veterinarian, boarding facility, or training facility; and 1) The owner must notify Animal Control when the dog is deceased; and m) If the owner of a dog that has been declared dangerous in another jurisdiction, moves into this jurisdiction with that dangerous dog, that owner is responsible for the above rules for housing a dangerous dog; and n) The owner of a dangerous dog agrees to periodic, unannounced administrative inspections to monitor if the statutory conditions required for keeping a dangerous dog have been met. Section 10.2 Limitations of Ownership of Dangerous Dogs. a) Only one dangerous dog may be owned per household. b) No more than two (2) dangerous dogs may remain at any residence for more than .seven (7) days. Section 10.3 Seizure and Impoundment of a Dangerous Dog. The Court shall order the Animal Control Authority to seize the dog and shall issue a warrant authorizing the 19I VOL cy17 seizure and impoundment, at the owner's expense of any dog previously determined to be dangerous if: a) The owner violates any provision of this article or Subchapter D, Chapter 822 of the Texas Health & Safety Code, as amended; or b) The dog causes bodily injury to any person or animal. 1) If a previously determined dangerous dog has been seized and impounded under this section, the Court shall conduct a hearing to determine if the dog should be returned to the owner, or humanely euthanized. The hearing must be held not later than the 10 day after the date on which the dog is seized or delivered. 2) At the conclusion of a hearing required under this section, the Court may order that the dog either be returned to the owner in accordance with subsection (D) of this section or be humanely euthanized. 3) A dangerous dog seized and impounded under this section shall not be returned to the owner until the owner pays all the fees incurred for impoundment of the dog and complies with all requirements for ownership of a dangerous dog set forth in this article and Subchapter D, Chapter 822 of the Texas Health and Safety Code as amended. If all Return to Owner fees have not been paid and all requirements have not been met within ten (10) business days after the Court issues the order to return the dog to the owner, the Court may cause the dog to be humanely euthanized. An owner of a dangerous dog shall notify the Animal Control Authority, where the dangerous dog is located, of any attacks the dangerous animal makes on people or other animals. Section 10.4 Hearing (Notification of Declaration of Dangerous Dog) a) The Justice of Peace Court within the precinct of the violation, on receiving a written report and an impoundment order from the Animal Control Authority, shall set a time for a hearing to determine whether the dog is a dangerous dog. The hearing must be held not later than the tenth (10 day after the date on which the dog is delivered or seized. The court shall give notice of the time and place of the hearing to the owner. The notice shall indicate that the owner may appear at the hearing, present evidence, cross examine witnesses, and be represented by legal counsel. The notice shall also inform the owner that the court shall determine whether the dog is returned to the owner, or euthanized. The notice may be given by personal deliver or by mail, it shall cause the notice to be published one time in a newspaper of general circulation and to be posted in a conspicuous place at the county's animal impoundment facility, each of which acts shall be done at least seven (7) business days prior to the date of the hearing. b) At the conclusion of the hearing, the court may: 1) Determine that a dog is not dangerous, waive any impoundment fees incurred, and release the dog to its owner, provided that the dog may continue to be held, if required, for the duration of any rabies quarantine period as provided by state law; any fees relating to the rabies quarantine shall be paid by owner. Vol. Paie 17 P g . 1 lY 2) Determine that a dog is dangerous and order the owner to comply with the requirements for ownership of a dangerous dog set forth in this article and Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, and release the dog to its owner in accordance with subsection (D) of this section; or 3) Determine that a dog has killed or caused serious bodily injury to a person , or another animal and order the dog to be humanely euthanized. c) If a dog is determined to be dangerous the court shall inform the owner in person or direct animal control authority to notify the owner in person or by certified mail, return receipt requested: 1) That the dog is dangerous 2) Whether the dog as been ordered to be humanely euthanized. 3) If the dog has not been ordered to be euthanized, what the owner must do to comply with requirements for ownership of a dangerous dog and reclaim the dog from impoundment. 4) That the owner has a right to appeal, as provided by law, a determination of dangerousness or an order to be euthanized. d) An impounded dog determined by the court to be dangerous shall remain impounded or confined and will not be released to the owner until the owner pays all fees incurred for impoundment of the dog and meets the requirements set forth in Section 10.5. If all impoundment fees have not been paid within 30 days after a final determination that a dog is dangerous, the dog may be humanely euthanized. e) Failure of the owner of the dog to appear at the determination hearing shall result in the Animal Control's declaration becoming fmal. Section 10.5 Attacks by Dangerous Dogs: a) A person commits an offense if the person is the owner of a dangerous dog and the animal makes an unprovoked attack on another person or animal outside the animal's enclosure and causes bodily injury to the other person or animal. b) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed in a humane manner by the local Animal Control Authority, Animal Shelter, or a licensed veterinarian. - c) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty as provided by state law. An attorney having civil jurisdiction in the county where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the county. Section 10.6 Violations. A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 10.1. Section 10.7 Defense (Exemptions) a) It is a defense to prosecution under Section 10.6 or Section 10.7 if that person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or (P� rr a political subdivision of the state to deal vol. Page of 17 Pg. with stray animals and has temporary ownership, custody, or control of the animal in connection with that position. b) It is a defense to the prosecution under Section 10.6 or Section 10.7 if that person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or corrections purposes. c) It is a defense to prosecution under Section 10.6 or Section 10.7 if that person is an animal trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act, Article 4413 (29bb, Vernon's Texas Civil Statutes). Section 10.8 Defense to Declaration of Dangerous Dog. It is a defense to the determination of any dog as dangerous and to the prosecution of the owner of the dog: a) If the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog; b) If the person was teasing tormenting, abusing, or assaulting the dog; c) If the person was committing or attempting to commit a crime; d) If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or e) If the dog was injured and responding to pain. Section 10.9 Penalty for Violation. a) Any person who violates a provision of Section 10 shall be guilty of a Class C misdemeanor. b) If it is shown on trial that a person has been previously convicted under this Section, no portion of a fine imposed for subsequent violations may be deferred, suspended or probated. c) Each day that a person is found guilty of an offense under this section and the offending dog caused death or serious bodily injury, the court may order the dangerous dog destroyed by Animal Control in a humane manner. d) In addition to criminal prosecution, a person who commits an offense under this Section is liable for a civil penalty not to exceed $10,000.00. The Brazos County Commissioners Court under the direction of the appropriate prosecuting authority may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the county to be used to defray the cost of administering this regulation. Section 10.10 Defense. Upon attack by a dangerous animal, the Animal Control Authority may defend himself/herself, a complainant, or property at the Officer's discretion, taking such means as necessary in that situation. Section 10.11 Exception. Dogs maintained lawfully as guard dogs, as defined herein, shall not be included in the definition of "dangerous animal ". As used in this section the term guard dog or attack dog means any dog intended to attack intruders that has completed such professional training and is so certified, or has been trained, such that its attack can be stopped on command. �J VOl: Page 4 bf 17 1 &' Pg. Section 10.12 Unattended Guard Dog Prohibited. It shall be unlawful for any person to leave any guard dog unattended in any place, inside any building unless a warning sign has been placed in a clearly visible location at the premises. The warning sign shall be located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog is present. It shall be unlawful for any person to leave any guard dog unattended in a place outside a building except in a fenced yard, whit a fence adequate to prevent the dog from leaving the premises. SECTION 11. FERAL CATS Section 11.1 Feral Cat Colony; Management. Feral and homeless cats are a result of natural increase and a continued influx of abandoned and stray unsterilized cats. This population has been created and perpetuated by human failure to control the breeding of and take responsibility for owned cats. The non - lethal trap, neuter and return method for managing colonies is a humane and effective method to control and reduce the population of homeless cats in colonies. Sterilization decreases nuisance behaviors like roaming, marking, yowling and fighting. Vaccination and ongoing monitoring of the colonies decrease public health and safety issues while providing for the welfare of the cats themselves. Colony Managers of managed cat colonies shall implement proper management practices as follows: a) Daily feeds and waters or arranges for feeding the cats including on weekends and holidays. Feeding areas should be inconspicuous and kept clean and neat; and b) Provides shelter from the weather as able; and c) Humanely traps, or makes a reasonable effort to trap all cats in the colony over twelve (12) weeks of age and has them spayed or neutered; and d) Identifies all spayed/neutered cats by ear tipping or ear notching. Microchipping is required to ensure that cats can be returned to the caretaker; and e) Takes steps that result in vaccination of all cats in the colony according to state and local laws; and 1) All cats must be vaccinated at the time of spay /neuter; and 2) Humanely trap and re- vaccinate cats; and fj Observes cats at feeding times and makes every effort to humanely trap as necessary and get veterinary care, including euthanasia if needed, for sick or injured cats in the colony; and g) Monitors the colony for new cats and kittens and provides care as listed above; and h) Obtains the approval of the owner of any property to which the Manager requires access to provide colony care; and i) Maintains proof of sterilization and vaccination. These records must be shown to animal control or the registering entity within 24 hours of request; and j) Receives training in appropriate colony management practices; and Vol. Po p to 5 k) Notifies all property owners adjacent within 300 yards of a feeding station, of the managed feral cat colony; and 1) Registers with the Brazos County Animal Shelter. m) Colony Managers will be held responsible for any cats that are a part of their colony and in violation of the county's ordinance or state law. Section 11.2 Disposition of colony cats: An animal control officer who has trapped a cat whose ear has been tipped or notched: • Will return the cat to the colony unless veterinary care is required or the Manager is not in compliance with managed colony practices. • Will transport the cat to the Brazos Animal Shelter for identification. Complaints, failure to comply with management practices: • Caretakers will have 90 (ninety) days to comply after this ordinance is passed. • An animal control officer will determine if the description of the cat matches the description of the cat given by the complainant. • If a cat from a managed colony is creating a nuisance, then animal control, will remove the cat. • If the registered Manager fails to comply with the requirements for managed colonies, there will be a 30 day period to find a replacement or substitute Manager. • If the Manager fails to comply with the requirements for managed colonies, the designated agency (registration entity) will be notified within 72 hours after removal of any animal. The designated agency will attempt to resolve the situation prior to removal of the cats by animal control. SECTION 12. ATTACKING DOMESTIC ANIMALS —Refer to State Laws SECTION 13. LEASH LAW * *ALERT ** (NON- ENFORCEABLE) Brazos County cannot enforce the "leash law" of animals located in rural Brazos County. With this in mind the following is a STRONG RECOMMENDATION from the Brazos County Commissioners Court. Both cities, Bryan and College Station will have an ordinance making it unlawful for a person to operate an open bed pickup, or an open flat bed truck, or tow an open flatbed trailer on a public street or highway within their city limits while a dog or other animal occupies the bed of that truck or trailer, unless they are secured in a "pet kennel" or other secure vented enclosure, restrained by harness manufactured for the purpose of restraining animals, or a chain, rope, or other device cross -tied to prevent the animal from falling or jumping from the motor vehicle, or from strangling on a single leash. SECTION 14. IMPOUNDMENT FACILITIES AND FEES Section 14.1 Animal Facilities. The Brazos County Commissioners Court may enter into contracts or agreements with public, private entities or animal shelters to provide for the impoundment of animals under this ordinance. Any animal adopted from an animal facility that has entered into a contract with Brazos County shall require that all animals adopted be spayed or neutered within forty-five (45) days of the adoption. 1 4P Vol. PQA e of pg. Section 14.2 Impoundment. Any dog or cat found to be a stray or a nuisance may be impounded in the Brazos Animal Shelter by any citizen, and confined in a humane manner. Immediately upon impoundment of the dog or cat, the Shelter shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Section 14.3 Impoundment Fees. An owner of an animal that has been impounded under any section of this ordinance shall pay all applicable impoundment fees, as established by the animal facility and approved by the Animal Control Authority before retrieving the animal. Section 14.4 Severance Clause. If any section, sentence, or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 14.5 Repealer. All previously adopted rules and regulations are superseded and repealed upon the effective date of this ordinance. Section 14.6 Effective Date. This ordinance shall become effective upon passage by a majority vote of the Brazos County Commissioners Court. Adopted and Passed by affirmative vote on •'s 8 day of December, 2009. 'ffirj •.,dy ims County Judge A Ge ( ral-4 -.4L2u rti Commioner Lloyd Wassermann Commissioner Duane Peters Precinct 1 Precinct 2 Commissioner l ny Mallard' ommis � a - Precinct Precinct 4 47 16 7 Vol. Page 17 o 17 Pg. INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation ( "Bryan"), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ( "College Station ") and BRAZOS COUNTY, TEXAS ( "County "), a political subdivision of the State of Texas, each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Mutual Aid Response District for which Bryan and College Station are assigned responsibility in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station. (See Exhibit "A," an attachment map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for Bryan/County and College Station. 3. Bryan and College Station reserve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines Interlocal EMS Agreement Page 1 of S V01. a pg 1a28. that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each city, respectively, on a quarterly basis upon request. A "run" is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s). PAYMENTS 5. County shall pay Bryan and College Station as follows for performing Emergency Medical Ambulance Services. Payment will be on a quarterly basis according to the following schedule: FY 2009 -2010 Payment Due Date Quarter for which Payment Amount is made October 1, 2009 October - December, 2009 $60,882.75 (Bryan) $68,382.75(College Station) January 2, 2010 January - March, 2010 $60,882.75 (Bryan) $68,382.75 (College Station) April 1, 2010 April -June, 2010 $60,882.75 (Bryan) $68,382.75 (College Station) July 1, 2010 July - September 2010 $60,882.7$ (Bryan) $68,382.75 (College Station) 6. The County must make all payments to Bryan and College Station for these services from current revenues. 7. Bryan and College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. However, Bryan and College Station will provide copies to the County of all EMS billings sent to County residents for EMS services provided outside the corporation Iimits of Bryan or College Station on a quarterly basis upon request. Interlard EMS Agreement Page 2 of 5 f /� Vol. !1 °2 / 9 Pg. (t/ 9 Additionally, sixty days prior to any action taken by Bryan or College Station to write off uncollected bills, Bryan and College Station will provide to the County a list of all invoices and/or billings within the scope of this Agreement that are contemplated, determined or scheduled to be written off. TERM AND TERMINATION 8. This Agreement term shall be from October I, 2009 and terminate at midnight on September 30, 2010. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein, except the annual payment amount provided in Paragraph 5 of this Agreement may be modified as agreed to by the parties. NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, Texas. 77805 Attn: Michael S. Donoho, Fire Chief College Station: City of College Station P.O. Box 9960 300 Krenek Tap Road College Station, Texas. 77842 Attn: R.B. Alley III, Fire Chief County: Brazos County 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 Attn: County Judge Randy Sims DEFENSE OF CLAIMS 11. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly lnterlocal EMS Agreement Page 3 off lac, P / 70 Vol. g• i or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and/or damage to or resulting from use of any equipment of the responding city. MISCELLANEOUS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. 14. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambnlnnre Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 15. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 16. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 17. This Agreement has been made under and shall be govemed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 18. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver eh3111 be in writing and signed by the part(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. Interlocal EMS Agreement Page 4 of5 Vol. 10 Pg. 17 / 19. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into by and between Bryan, College Station and Brazos County. This Agreement shall be effective when signed by the last party signing makes the Agreement fully executed. City of Bryan City of College Station Brazos . quir Mark Conlee, Mayor Ben White, Mayor Randy s, County Judg- Date Signed: Date Signed: Date Signed: IL —$ - 01 ATTEST: C // Karen McQueen Lynne Stratta Connie Hooks n cQueen City Secretary City, Secretary County Clerk APPROVED AS TO FORM: ..m Janice Hampton Harvey Cargill sf!r� nel ing City Attorney City Attorney vil Co nsel City of Bryan, Texas College Station, Texas : razos •ounty inter/aced EMS Agreement Page S of S Vol. 129 p 1 l ! Pf STATE OF TEXAS ) } Contract For Residential Juvenile Offender Services COUNTY OF BELL } This contract and agreement is entered into by and between the Bell County Juvenile Board ( "Bell County ") and the county of Brazos ( "Contracting County "), acting by and trough their respective duly authorized representatives, to be effective from September 1, 2009, through August 31, 2010, pursuant to its provisions. Purpose 1. This contract and agreement is entered into for the purpose of placement by Contracting County of children alleged to have committed acts of delinquency or acts indicating a need for supervision, as ordered by a Juvenile Court, into Bell County's juvenile detention facility, whether said children are in pre- adjudicated, pre- dispositional, or post - dispositional status as prescribed by an appropriate court. 2. In accordance with this agreement, Bell County shall provide both a short -term detention facility and /or a long -term residential treatment program in compliance with applicable Texas Juvenile Probation Commission standards and regulations. 3. Bell County will accept any child, as qualified hereunder, in its facility without regard to said child's religion, creed, race, color, sex, or national origin, nor discriminate against any child on such basis. Services Provided 1. Bell County will provide room, board, 24 -hour per day supervision and care in accordance with applicable laws, state or federal. In addition, Bell County will provide program components, at a minimum, will include Texas Education Agency- approved educational programs, appropriate counseling programs, and process groups. Additional programs under the long -term residential program will include anger management, life skills, and substance abuse components, as required. Specific goals and outputs will be identified for each long term resident, and measurable outcomes relating to established program objectives will be documented. 2. In addition, Bell County will be responsible for medical examinations within the facility for said children, as necessary, and /or treatment and /or hospitalization outside the facility, with prior written approval of Contracting County, if feasible, also as necessary. If emergency examination, treatment and /or hospitalization of a child under this agreement is required, Bell County, or its agent is authorized to secure said medical services, or transfer to other tertiary care centers, at the expense of Contracting County, and Contracting County agrees to indemnify and hold harmless Bell County, its representatives, agents, and employees from any and all liability for charges for reasonable and necessary medical Vol. _ - pg. 1 7 2 treatment, examination, and /or hospitalization. Bell County, or its designee, shall notify the appropriate county and parent /guardian of such emergency within twenty -four (24) hours of its occurrence. 3. Contracting County will be permitted to periodically examine and evaluate both the facilities, programs, and appropriate records maintained by Bell County and provided under the terms of this agreement, including on -site visitation, observation of programs in operation, and interviews with the children placed by said county. 4. Bell County will provide to Contracting County such information on children placed with the facility by said county as requested on forms to be provided by Contracting County. Bell County shall maintain strict confidentiality of all information and records relating to said children except as may be otherwise required by law or to the extent necessary to further performance of services under this agreement. Terms 1. The term of this contract shall be twelve (12) months from the effective date of this agreement. 2. Either party may terminate this contract and agreement for any reason by notifying the other party in writing, ten (10) days in advance, by certified delivery or personal delivery to the other party's principal address, or the intention to terminate the contract. Contracting County shall remove all children placed in the facility on or before the termination date. 3. At a minimum any juvenile court order which children are placed in the detention facility shall require the child to follow all rules and regulations relating to conduct, as fixed and determined by Bell County and /or the staff of the facility. The child shall be removed on or before the date any such order expires. 4. If a child, after his or her placement, and in the sole judgment of Bell County, or its agent, is found or reasonably believing to be mentally and /or physically unfit, dangerous, unmanageable, unsuitable for a given program, or a combination of such conditions or characteristics, or whose mental or physical health condition would or might endanger the child or other occupants of the facility, then upon notice to the Contracting County, the Contracting County shall remove or cause to be removed said from the facility. 5. It is specifically understood that acceptance of any child in the facility will be determined on a space available basis, and that children placed in the facility by Bell County shall receive priority. Contracting County shall call Bell County prior to transporting a child to Bell County's facility to ensure that space is available. Children referred for long -term placement shall complete the necessary referral process prior to placement. In the event that maximum capacity of occupation of the facility is reached, Bell County has the right, __LCL1.-- ty . P9- / 7/•- and Contracting County agrees, to ask that Contracting County remove whatever number of children that it has placed in the facility necessary to maintain a proper occupancy rate, and Contracting County shall immediately remove whatever number of children is requested to be removed. Contracting County may reserve Post - Residential space in the facility. 6. Bell County shall adhere to all applicable state and federal laws and regulations pertinent to the services offered herein, including the standards promulgated by the Texas Juvenile Probation Commission. 7. A copy of the appropriate juvenile court order for any child placed with the facility shall be provided Bell County at the time the child is transported to the facility, as well as all appropriate pre- and post- adjudication paperwork as required by the Texas Juvenile Probation Commission, or it successor agency. 8. Bell County will give Contracting County at least ten (10) days notice prior to discharging a child, except in circumstances in which the child is determined to be a danger to self or others in which the child shall be immediately and timely removed from the facility by Contracting County. 9. Any furlough of a child placed in the facility with a parent, guardian, custodian, or other responsible adult shall be allowed only with the prior written permission of Contracting County or other appropriate juvenile court. 10. It is understood and agreed that a child placed in the facility shall not be discharged therefrom without receipt by Bell County of a properly certified order signed by the judge having juvenile jurisdiction and Contracting County, or proper written authorization of the Juvenile Probation Department initially detaining the child. 11. Bell County shall report any allegation or incident of abuse, exploitation, or neglect of any child in the facility, whether or not placed by Contracting County, within twenty -four (24) hours from the time the allegation is made to a local law enforcement agency, the Texas Juvenile Probation Commission, and Contracting County. 12. Bell County certifies that its employees comply with all standards allowing direct contact with children within the facility, including criminal history background, and have not been the subject of any investigation by a regulatory or law enforcement agency causing a reason to believe possible abuse, neglect, or exploitation of a child. It further certifies that no registered sex offender, whether a subcontractor or employee, or agent thereof, shall be in contact with any child held in the facility. 13. To the extent permitted by law, Contracting County agrees to indemnify and hold harmless Bell County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including, without limiting the generality person, or injury to property, received or sustained by any person or VOL lag p 3 persons or property, arising out of, or occasioned by, directly or indirectly, the acts or omissions, if any, of Bell County, its agents, servants, employees, consultants, or invitees, in the execution or performance of this agreement. Compensation and Payment 1. Contracting County agrees to pay Bell County the sum of $95.00 per day for each child placed in Bell County Detention Facility as a general offender. Contracting County agrees to pay $105.00 per day for each child placed in the facility as a sex offender. 2. Contracting County further agrees to pay or reimburse Bell County for any expenditure incurred as a result of medical or dental examination, treatment, or hospitalization of any child placed with the facility. 3. Bell County shall monthly invoice Contracting County for payment and reimbursement under this agreement, and Contracting County agrees to make timely payment. Bell County shall maintain all applicable records for a minimum of three (3) years or until any pending audits or other questions arising therefrom have been resolved. Bell County shall account separately for the receipt and expenditure of any and all funds received under this agreement. 4. Acceptance of funds under this agreement 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 funds expended or received by Bell County. Both parties agree to cooperate fully with the State Auditor's Office or successor and the conduct of such audit or investigation, including the provision of all records requested. Bell County will require the same agreement to cooperate on the part of any subcontractors that may provide related services to Bell County. Miscellaneous 1. No provision of this contract and agreement may be assigned without the prior written consent of the parties thereto. 2. The parties agree that this agreement and contract constitutes the sole and only agreement of the parties hereto, that it supersedes any prior agreement or understanding regarding the subject matter within, and no provision of this agreement may be revised or amended without the written agreement of both parties. 3. In the event of any legal action arising under this agreement, the laws of Texas shall apply and venue shall be in Bell County, Texas. ~ - lag pg 17319' 4. All notices to the Bell County Juvenile Department shall be sent to: 4800 E. Rancier, Killeen, Texas, 76543. All notices to Contracting County shall be to t 96 VJvs+ Via, Effective Date : September 1, 2009. Chairman, Juvenile Board County 1 . ge Bell County Brazo ounty gip% Juvenile Court Judge Doug Vanc-, PhD, Executive Director Bell County Brazos County Juvenile Probation VOI. l 9\-17 P ) T Project Charter Project Name SO Admin - BCDB - Jail Expansion Vol? Project Project Reference Number VOIP4SO Prepared By Ian Soares Customer Brazos County Sheriffs Department Contact Sheriff Chris Kirk, Jail Administrator Wayne Dicky, Chief Deputy Mike Wilson Contact's Phone Number(s) 979.361.4990, 979.361.4996, 979.361.4991 Date Prepared 11/23/2009 Project Vision Statement: Implement a telephone system for the Sheriffs Department that is expandable, reliable, cost - effective, compatible with current County systems, and in -line with the County's technology goal of unifying communications and messaging. Project Description: Implement a Voice over IP (VoIP) phone system for the existing Sheriffs Admin building, the Brazos County Detention Center (BCDC), and the BCDC Jail Expansion (to include both Clusters 1 & 2 and the Low Risk Facility) herein refered to as the SO Complex. This VoIP system will replace an existing Nortel Option 11 currently serving the SO Admin building and BCDC. Project Background: This project was initiated when it was determined that the Nortel Option 11 phone system could be expanded for the new Jail construction, but only after a software upgrade at a substantial cost. This software upgrade would also require implementation of a new voice message system not currently in use in Brazos County. An initial analysis concluded that implementation of a VoIP solution (identical to the VoIP solution already in service elsewhere in the county) would cost approximately the same as upgrading the Nortel Option 11. Key Factors (Upgrading the existing Nortel system vs. VoIP): • Nortel has been acquired by Avaya and the future of the Nortel product line is in question. In addition, the Nortel system is proprietary and Brazos County incurs costs for licensing software for this system. The VoIP solution is Open Source. • Voicemail for an upgraded Nortel solution would be incompatible with existing voicemail systems, moving the county away from our goal of unified messaging. • Initial cost to implement VoIP would equal the cost of upgrading the Nortel system while longer term costs to expand the VoIP will be cheaper than to expand the Nortel. • The county may be able to recoup some of the costs by reselling the Nortel Option 11 now. If the Nortel solution were expanded, Brazos County would incur the additional expense of moving to VoIP in the near future and the usable life and aftermarket value of the Nortel system will be reduced or depleted. Current Understanding of the Customer's Needs • The SO Complex (and any future expansions or extensions) requires a single phone system that will allow it to continue communicating with the same quality and efficiency as it currently does with the Nortel Option 11 phone system. The system must also allow for expansion and growth without V o l . I al Pg . / 1 s Project Charter Project Name: SO Admin - BCDB - Jail Expansion VoIP Project incurring tremendous expenses and "planned obsolescence" from licensing, software, and hardware vendors. • The transition from the Nortel system to the VoIP system should be relatively seamless at the existing facilities. • The VoIP system should include most, if not all, of the existing features of the current system. • The VoIP system shall be installed and operational by "move in" within the Jail Expansion facilities. • The VoIP system must be reliable. • The SO Complex users must receive adequate feature and usage training for the system. • Technical support for the system must be readily available. Project Success Criteria Phase I: Prior to the completion of the BCDC Jail Expansion project: • The IT department will have installed all necessary switches and infrastructure for the VoIP system in the SO Admin building. • The Polycom handsets will have been configured and delivered to all appropriate end users. • The IT Dept will have provided end -user training to key personnel at the SO Admin and Jail and have documentation available for end -users on the County's Intranet. • End -users at the SO Admin will have a transition period in which they will test and become familiar with the new VoIP system. During this period end -users will retain their existing Nortel handsets as well as the Polycom handsets. • The Project Manager will only move forward upon receiving sign-off from the Client Acceptor indicating that the VoIP installation and transition at the SO Admin has been successful. • Once end -users at the SO Admin have had time to become familiarized with the new system, IT Dept personnel will remove the Nortel handsets. Phase IL• Following the completion of the Low Risk Facility (may run concurrently with Phase I depending on construction Progress.) • The IT department will have installed all necessary switches and infrastructure for the VoIP system in the Low Risk Facility. • The Polycom handsets will have been configured and delivered to all appropriate end users. • The IT Dept will have provided end -user training to key personnel at the Low Risk Facility and made readily available documentation for end -users on the County's Intranet. • End -users at the Low Risk Facility will have the opportunity to test and become familiar with the new VoIP system. • The Project Manager will only move forward upon receiving sign-off from the Client Acceptor indicating that the VoIP installation at the Low Risk Facility has been successful. Vol. a l P I 1 (e Page 2 Project Charter Project Name: SO Admin - BCDB - Jail Expansion VoIP Project Phase III: Coincides with completion of the BCDC expansion. • The IT department will have installed all necessary switches and infrastructure for the VoIP system at BCDC. • The Polycom handsets will have been configured and delivered to all appropriate end users. • The IT Dept will have provided end -user training to key personnel at BCDC and made readily available documentation for end -users on the County's Intranet. • There will be substantial movement of offices at BCDC once the expansion is complete. The expansion side will be outfitted with the Polycom handsets (no transition for end -users moving form the old side to the new) • End -users at BCDC will have the opportunity to test and become familiar with the new VoIP system. • The Project Manager will only move forward upon receiving sign -off from the Client Acceptor indicating that the VoIP installation at BCDC has been successful. Project success will be achieved if: • The project is completed within budget. • The project deadlines coincide with construction completion dates. • The project remains within scope: Providing an expandable yet cost - effective phone system throughout the SO Complex that is compatible with current County phone systems and in -line with County communications goals. • Adequate training and support are provided. Possible Risks The following high level risks and mitigations have been identified. 1. The SMEs for the Nortel System (Bill Bowers and Ben Sanford) may become unavailable during the project. Mitigations: • The project has a very small window (rougjhly 9 months) • The County has a support contract with Affiliated for Norte] support. 2. The SME for the VoIP System (Josh Patten) may become unavailable during or after the project. Mitigations: • There will be a need to cross train additional IT staff such as the other Asst. Network Admin. • The SIPX software is open source and documentation is readily available on the Internet. Vol. l a9 P Page 3 Project Charter Project Name: SO Admin - BCDB - Jail Expansion VOID Project Summary Schedule and Budget Funding for this project is provided by Brazos County Commissioners Court and managed by the Brazos County Budget Officer. Available funds are as follows: $75,000 — VoIP switches, telephone handsets and related networking and telecommunications electronics $35,000 — Equipment configuration and related services by Affiliated Communications $2,658 — Consulting services from Ben Sanford and Associates. $255,000 — Data switches and network cabling. (Data switches are independent of this project but the network cabling installed will be utilized for both data communications as well as VOID telecommunications.) • Dec. 1, 2009 — Requisition approved from Audiocodes Mediant 1000 switch ($8504) • Dec., 2009 — Software upgrade for SIPX • Dec., 2009 — Purchase Orders for equipment are created (Roughly $75,000) • Dec., 2009 — Begin "Training the Trainer" and developing training documentation. • Jan., 2010 — Obtain and begin configuring switches and network equipment • Jan./Feb., 2010 — Core routing switch, redundant routing switch, and (2) POE switches will be installed at the SO Admin bldg. • Feb.; 2010 — POE Switches installed at the Low Risk Facility and each of the two closets at BCDC • Feb/Mar., 2010 — Handsets are rolled out to SO Admin., training will be provided by IT. • Feb/Mar., 2010 — Transition period in which VoIP handsets are tested by end - users. • Mar., 2010 — Once the Client acceptor has sign -off, the Nortel handsets may be removed. • Mar., 2010 — Handsets are rolled out to the Low Risk Facility. • TBD — The Jail expansion will be complete and the handsets will be rolled out to all of BCDC. Project Manager Assignment Project Manager: Ian Soares, Information Technology Department The above named project manager is appointed as the project manager of the above - described project. As a project manager, they are assigned the responsibility and authority to manage the project to a successful completion as described in this project charter. The project manager will be responsible for internal communication and cooperation with responsible functional managers as noted. The following spells out the specific responsibilities and level of authority authorized for the project manager for this particular project. Responsibilities of the project manager: • Be the primary contact for the Brazos County Information Technology Department. • Ensure that team members know their res onsibilities pertaining to s project. Vol. l 9 p 1 7 Page 4 Project Charter Project Name: SO Admin - BCDB - Jail Expansion Vol? Project • Track team member performance and report to the appropriate functional manager as necessary. • . Manage, monitor, and track overall project performance. • Anticipate future project performance (and required actions necessary) to ensure the successful completion within project constraints. • Prepare a detailed project management plan and obtain an agreement to that plan from the related functional managers. • Periodically report project status to key stakeholders and management. Authority level of the project manager: • Authority to direct assigned project team members to complete assigned work related to this effort • Authority to negotiation with functional managers to delegate responsibility and authority to functional organization team members assigned to this project Project Approval Project Sponsor: Brazos County Commissioners Court Approving Autho e. / / / 0 - Itil Randy Sims, Coun. Judge 12wg(o 9 Date VOI. t I pg. ` 1 - l Page 5 If I / l • 9 p I gt RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2008 - 042R, Auctioneers Services for Brazos County, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -15R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. SWICO Auctions A a'r, / 3o a - orized Si • + ature Date BRAZOS COUNTY /fry Randy Sims, ' ounty Judge Date Vol. t ` l p l 0 Document G701T" — 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 02 OWNER: Egi Brazos County Low Risk Facility DATE: November 30, 2009 ARCHITECT: ❑ 1821 Sandy Point Road Bryan, Texas CONTRACTOR: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 2814 FIELD: ❑ Greenway Constructors, Inc. CONTRACT DATE: August 08, 2008 P.O. Box 11184 CONTRACT FOR: General Construction OTHER: 171 College Station, Texas 77842 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) The original Contract Sum was $ 1,100,000.00 The net change by previously authorized Change Orders $ 192,680.00. The Contract Sum prior to this Change Order was $ 1,292,680.00 The Contract Sum will be increased by this Change Order in the amount of $ 7,990.00;' The new Contract Sum including this Change Order will be $ 1,300,670.00 The Contract Time will be increased by Twelve (12) days. The date of Substantial Completion as of the date of this Change Order therefore is February 4, 2010 1. Adjust contract time to reflect number of rain days from September 23, 2009 to date at No Cost. 2. Add two half glass units to Door #7 and Door #11 previously approved on 10 /92009(attached). 3. Add HC items and additional fire suppression upgrades per TCJS dated 11 /162009(attached). NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Greenway Constructors, Inc. Brazos County ARCH! CONTRACTOR (Firm name) OWNER (Firm name) P.O. Box 11184 200 South Texas Av ue College Station, Texas 77842 B : . 77 ADDRESS ADD ADr'• P j BY (Signature i e) BY • ) Stephen P. Byrne, Presiderit County udge Randy Sims (Typed . (Ty name (Typed name) �y� i/ O 9 /V L //�` • E DAT DATE AIA Document G701 m 2001. Copyright CO 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:42:05 on 11/29/2009 under Order No.3595293569_1 which expires on 07/30/2010, and is not for resale. User Notes: p� (1345610874) Vol. [' 1 p L$ al Printable Product Page 1 of 2 Provided by - NWS Southern Region HQ - Print 000 CXUS54 KHGX 011500 CF6IAH PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F -6) STATION: HOUSTON INTERCONTINENTAL MONTH: SEPTEMBER YEAR: 2009 LATITUDE: 29 58 N LONGITUDE: 95 21 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND 1 2 3 4 5 6A 6B 7 8 9 10 11 12 13 14 15 16 17 18 12Z AVG MX 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW DPTH SPD SPD DIR MIN PSBL S -S WX SPD DR 1 85 70 78 -4 0 13 0.00 0.0 0 3.9 12 80 M M 7 15 120 2 93 66 80 -2 0 15 0.00 0.0 0 4.6 12 50 M M 1 17 20 3 94 70 82 1 0 17 T 0.0 0 2.2 16 140 M M 4 3 21 150 4 85 70 78 -3 0 13 0.79 0.0 0 3.9 20 340 M M 8 138 24 340 5 94 73 84 3 0 19 T 0.0. 0 3.9 25 100 M M 5 18 33 90 6 93 72 83 2 0 18 T 0.0 0 3.2 24 140 M M 5 1 29 140 7 94 72 83 2 0 18 0.00 0.0 0 4.2 16 140 M M 4 1 18 130 8 92 72 82 1 0 17 0.00 0.0 0 4.6 17 150 M M 6 1 21 140 9 85 75 80 0 0 15 0.25 0.0 0 2.9 14 150 M M 8 13 16 150 10 87 75 81. 1 0 16 0.02 0:0 0 3.8 15 50 M M 9 1 17 100 11 34 75 80 0 0 15 0.20 0.0 0 13.0 15 90 M M 9 1 21 80 12 79 74 77 -3 0 12 0.01 0.0 0 9.0 13 80 M M 10 18 17 80 13 87 74 81 1 0 16 0.82 0.0 0 3.5 17 120 M M 8 138 20 120 14 89 72 81 2 0 16 0.00 0.0 0 6.5 17 290 M M 7 12 22 290 15 82 73 78 -1 0 13 0.00 0.0 0 7.2 16 310 M M 7 21 310 16 89 72 81 2 0 16 0.00 0.0 0 7.9 17 300 M M 4 26 20 17 81 72 77 -2 0 12 T 0.0 0 8.4 17 300 M M 6 23 290 18 85 73 79 0 0 14 T 0.0 0 6.3 13 310 M M 8 1 16 320 19 87 72 BO 2 0 15 0.00 0.0 0 4.1 12 360 M M 6 1 17 360 20 91 71 81 3 0 16 0.00 0.0 0 2.9 14 150 M M 7 18 17 150 21 93 76 85 7 0 20 T 0.0 0 7.1 31 140 M M 7 13 37 140 22 80 68 74 -4 0 94 0.0 0 8.1 20 20 M M 9 13 23 20 23 80 67 74 -3 0 9 0.00 0.0 0 10.1 22 340 M M 9 24 350 24 74 65 70 -7 0 5 0.07 0.0 0 9.2 15 330 M M 10 1 18 360 25 83 68 76 -1 0 11 0.00 0.0 0 6.1 10 60 M M 10 14 330 .... X6..,,. - 72..... -... . 5 n_.... 1 6 . . 0 . ; 0 � 0 . 0 . . . . . . . . . . 0 ... 1 n Mr ...... .... . 320 . _.. ... . 27 92 72 82 6 0 17 0.00 0.0 0 4.4 13 210 M M 4 1 17 250 28 94 73 84 8 0 19 0.0 0 7.1 28 160 M M 6 13 38 220 29 81 65 73 -3 0 8 0.00 0.0 0 6.3 14 30 M M 7 16 30 30 87 62 75 0 0 10 0.00 0.0 0 6.8 16 130 M M 2 8 18 150 SM 2610 2131 0 430 4.68 0.0 168.2 M 199 AV 87.0 71.0 5.6 FASTST M M 7 MAX(MPH) MISC - - - -> # 31 140 # 38 220 NOTES: # LAST OF SEVERAL OCCURRENCES VOL l af/ Pg. 1 8`3 - _._t,_ _t_n_:,_nrc o_-:A -T A IIY_a.. «.. -nnnn nn z 1 1 . 1 1 . 1 1 1 1 n vfnno Printable Product Page 2 of 2 COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F -6) , PAGE 2 STATION: HOUSTON INTERCONTINENTAL MONTH: SEPTEMBER YEAR: 2009 LATITUDE: 29 58 N LONGITUDE: 95 21 W [TEMPERATURE DATA] [PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 79.0 TOTAL FOR MONTH: 4.68 1 = FOG OR MIST' DPTR FM NORMAL: 0.1 DPTR FM NORMAL: 0.35 2 = FOG REDUCING VISIBILITY HIGHEST: 94 ON 28, 7 GRTST 24HR 1.61 ON 22 -22 TO 1/4 MILE OR LESS LOWEST: 62.0N 30 3 = THUNDER SNOW, ICE PELLETS, HAIL 4 = ICE PELLETS TOTAL MONTH: 0.0 INCH 5 = HAIL GRTST 24HR 0.0 6 = FREEZING RAIN OR DRIZZLE GRTST DEPTH: 0 7 = DUSTSTORM OR SANDSTORM: VSBY 1•/2 MILE OR LESS 8 = SMOKE OR HAZE [NO. OF DAYS WITH] [WEATHER - DAYS WITH] 9 = BLOWING SNOW X = TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 9 MAX 90 OR ABOVE: 11 0.10 INCH OR MORE: 6 MIN 32 OR BELOW: 0 0.50 INCH OR MORE: 4 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 1 [HDD (BASE 65) ] TOTAL THIS MO. 0 CLEAR (SCALE 0 -3) 2 DPTR FM NORMAL -1 PTCLDY (SCALE 4 -7) 19 TOTAL FM JUL 1 0 CLOUDY (SCALE 8 -10) 9 DPTR FM NORMAL -1 [CDD (BASE 65) ] TOTAL THIS MO. 430 DPTR FM NORMAL 18 [PRESSURE DATA] TOTAL FM JAN 1 3144 HIGHEST SLP 30.17 ON 1 DPTR FM NORMAL 537 LOWEST SLP 29.67 ON 13 [REMARKS] #FINAL- 09 - 09# Voi. (aq Pg. $ htr..• // nrnnv c,4, nnaa onv /nrintahle nhn7nil= rF6Rrcid= TAT4&date= 2009 -09 -30 11:11:11 11/15/2009 Printable Product Page 1 of 2 , Provided by - NWS Southern Region HQ - Print 000 CXUS54 KHGX 011457 CF6IAH PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F -6) STATION: HOUSTON INTERCONTINENTAL MONTH: OCTOBER YEAR: 2009 LATITUDE: 29 58 N LONGITUDE: 95 21 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND 1 2 3 4 5 6A 6B 7 8 9 10 11 12 13 14 15 16 17 18 12Z AVG MX 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW DPTH SPD SPD DIR MIN PSBL S -S WX SPD DR 1 91 71 81 6 0 16 T 0.0 0 6.8 17 150 M M 6 22 160 2 85 64 75 0 0 10 0..6 0.0 0 7.4 32 40 M M 5 13 38 40 3 78 69 74 0 0 9 8 0.0 0 8.1 13 110 M M 9 1 17 110 4 67 74 81 7 0 16 0.36 0.0 0 5.8 16 M M 9 1 24 180 5 85 70 78 4 0 13 = 0.0 0 7.4 14 90 M M 7 128 16 130 6 93 78 86 13 0 21 0.00 0.0 0 6.9 16 180 M M 5 1 23 200 7 91 77 84 11 0 19 0.08 0.0 0 6.2 15 180 M M 5 1 26 200 8 92 82 87 14 0 22 T 0.0 0 13.4 24 170 M M 6 33 170 9 85 59 72 -1 0 7 0.94 0.0 0 11.9 28 340 M M 9 1 37 350 10 67 57 62 -10 3 0r 0.0 0 7.9 14 10 M M 10 17 10 11 64 60 62 -10 3 0 0.05 0.0 0 9.6 16 30 M M 10 12 20 40 12 85 64 75 3 0 10 a,L4 0.0 0 3.8 12 170 M M 9 123 15 170 13 85 74 80 9 0 15 ljap 0.0 0. 4.9 18 170 M M 8 18 22 190 14 91 78 85 14 0 20 0.06 0.0 0 4.3 12 270 M M 6 1 18 280 15 92 69 81 10 0 16 T 0.0 0 7.6 18 350 M M 6 8 23 220 16 BO 60 70 0 . 0 5 T 0.0 0 11.5 23 30 M M 4 1 33 40 17 77 55 66 -4 0 1 0.00 0.0 0 6.1 17 20 M M 1 8 26 30 18 72 49 61 -9 4 0 0.00 0.0 0 6.3 14 120 M M 2 18 110 19 78 49 64 -5 1 0 0.00 0.0 0 6.7 17 130 M M 2 29 210 20 82 62 72 3 0 7 0.00 0.0 0 11.8 23 130 M M 7 28 120 21 81 68 75 6 0 10 0.20 0.0 0 12.5 29 130 M M 9 138 35 130 22 75 57 66 -3 0 1 0.0 0 9.3 22 310 M M 7 13 29 310 23 71 50 61 -7 4 0 0.00 0.0 0 6.8 15 320 M M 0 M M 24 76 48 62 -6 3 0 0.00 0.0 0 3.1 15 140 M M 2 18 130 25 81 54 68 0 0 3 0.00 0.0 0 11.1 23 120 M M 5 30 130 27 69 54 62 -5 3 0 0.00 0.0 0 6.5 14 300 M M 6 1 18 300 28 81 51 66 -1 0 1 0.03 0.0 0 11.0 26 140 M M 6 1 37 130 29 64 56 70 4 0 5 2.45 0.0 0 15.8 28 160 M M 9 136 39 170 30 66 50 58 -8 7 0 !SL 0.0 0 5.7 16 340 M M 5 13 22 320 31 74 47 61 -5 4 0 00 0.0 0 2.7 14 340 M M 0 18 340 SM 2490 1914 32 227 13.16 0.0 248.4 M 184 AV 80.3 61.7 8.0 FASTST M M 6 MAX(MPH) MISC - - - -> # 32 40 # 39 170 NOTES: # LAST OF SEVERAL OCCURRENCES Vol. 6 ° � l P g. t.`. /I- - - - - -. - -1 -- -- _--.i___...u.. _L_o_a -rtc 9_..:A -T A vn.a...,-. -nnnn 1 n /1 1 1 .11 .1 1 11 n cnnno Printable Product Page 2 of 2 COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F -6) , PAGE 2 STATION: HOUSTON INTERCONTINENTAL MONTH: OCTOBER YEAR: 2009 LATITUDE: 29 58 N LONGITUDE: 95 21 W [TEMPERATURE DATA] [PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 71.0 TOTAL FOR MONTH: 13.16 1 = FOG OR MIST DPTR FM NORMAL: 0.6 DPTR FM NORMAL: 8.66 2 = FOG REDUCING VISIBILITY HIGHEST: 93 ON 6 GRTST 24HR 3.25 ON 21 -22 TO 1/4 MILE OR LESS LOWEST: 47 ON 31 3 = THUNDER SNOW, ICE PELLETS, HAIL 4 = ICE PELLETS TOTAL MONTH: 0.0 INCH 5 = HAIL GRTST 24HR 0.0 6 = FREEZING RAIN OR DRIZZLE GRTST DEPTH: 0 7 = DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 = SMOKE OR HAZE [NO. OF DAYS WITH] [WEATHER - DAYS WITH] 9 = BLOWING SNOW X = TORNADO MAX 32 OR BELOW: 0 0.011 INCH OR MORE: 16 MAX 90 OR ABOVE: 6 0.10 INCH OR MORE: 12 MIN 32 OR BELOW: 0 0.50 INCH OR MORE: 7 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 4 [HDD (BASE 65) ] TOTAL THIS MO. 32 CLEAR (SCALE 0 -3) 6 DPTR FM NORMAL -5 PTCLDY (SCALE 4 -7) 16 TOTAL FM JUL 1 32 CLOUDY (SCALE 8 -10) 9 DPTR FM NORMAL -6 [CDD (BASE 65) ] TOTAL THIS MO. 227 DPTR FM NORMAL 31 [PRESSURE DATA] TOTAL FM JAN 1 3371 HIGHEST SLP 30.43 ON 18 DPTR FM NORMAL 568 LOWEST SLP 29.59 ON 29 [REMARKS] #FINAL -10 -09# VOL t,.+... //... r c,.1, .,..an n,w/nr4ntahlp „1,,,9.,;1= f =T WRrrlate= 7(1(19_1(1_31 1 1 .1 1 •1 1 11 /1517009 Printable Product Page 1 of 2 Provided by - NWS Southern Region HQ - Print 000 CXUS54 KHGX 151415 CF6IAH PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F -6) STATION: HOUSTON INTERCONTINENTAL MONTH: NOVEMBER YEAR: 2009 LATITUDE: 29 58 N LONGITUDE: 95 21 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND 1 2 3 4 5 6A 6B 7 8 9 10 11 12 13 14 15 16 17 18 12Z AVG MX 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW DPTH SPD SPD DIR MIN PSBL S -S WX SPD DR 1 75 48 62 -3 3 0 0.00 0.0 - 0 2.0 10 90 M M 0 18 100 2 77 51 64 -1 1 0 0.00 0.0 0 3.1 9 50 M M 0 13 110 3 78 52 65 0 0 0 0.00 0.0 0 2.4 12 30 M M 1 14 30 4 79 51 65 1 0 0 0.00 0.0 0 1.2 5 30 M M 1 M M 5 79 53 66 2 0 1 0.00 0.0 0 2.5 9 50 M M 1 16 300 6 79 52 66 2 0 1 0.00 0.0 0 3.9 14 120 M M 2 18 17 140 7 79 52 66 3 0 1 0.00 0.0 0 4.3 14 130 M M 5 1 17 130 8 73 62 68 5 0 3 0.04 0.0 0 8.6 14 90 M M 10 1 18 90 9 75 64 70 7 0 5 0.03 0.0 0 8.6 12 360 M M 9 M M 10 80 61 71 9 0 6 0.00 0.0 0 7.9 17 20 M M 2 1 27 20 11 79 59 69 7 0 4 0.00 0.0 0 5.7 13 360 M M 1 M M 12 74 53 64 2 1 0 0.00 0.0 0 3.0 8 140 M M 3 18 22 200 13. 78 48 63 1 2 0 0.00 0.0 0 3.2 12 160 M M 6 18 15 200 14 81 59 70 9 0 5 0.00 0.0 0 5.6 15 130 M M 8 1 18 180 SM 1086 765 7 26 0.07 0.0 62.0 M 49 AV 77.6 54.6 4.4 FASTST M M 4 MAX(MPH) MISC - - - -> 17 M # 27 20 NOTES: # LAST OF SEVERAL OCCURRENCES [ Z QE* Q' r . -- COLUMN 17 PEAK WIND IN M.P.H. __., .... ,.. .. DA CTTMTNnRV T(lf'n T. .('TT MLT(1T.11f Tf AT., IIATA ... (WS ,.. M .. ,,. F F-6) ; . , , .PAGE J, .. , ... _ _ _ _. _ _ .. �. .,...,. . _... 7 . 1 .. . • . STATION: HOUSTON INTERCONTINENTAL . ' MONTH: NOVEMBER YEAR: 2009 LATITUDE: 29 58 N LONGITUDE: 95 21 W [TEMPERATURE DATA] [PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 66.1 TOTAL FOR MONTH: 0.07 1 = FOG OR MIST DPTR FM NORMAL: 2.9 DPTR FM NORMAL: -1.94 2 = FOG REDUCING VISIBILITY HIGHEST: 81 ON 14 GRTST 24HR 0.07 ON B- 9 TO 1/4 MILE OR LESS LOWEST: 48 ON 13, 1 3 = THUNDER Vol: l o2-9 Pg. I . httn : / /www.srh.noaavnv /nrintahle.nhn ?nil= CF6 &sid =IAH &date= 2009 -11 -30 11:11:11 11/15/2009 Printable Product Page 2 of 2 SNOW, ICE PELLETS, HAIL 4 = ICE PELLETS TOTAL MONTH: 0.0 INCH 5 = HAIL GRTST 24HR 0.0 6 = FREEZING RAIN OR DRIZZLE GRTST DEPTH: 0 7 = DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 = SMOKE OR HAZE [NO. OF DAYS WITH] [WEATHER - DAYS WITH] 9 = BLOWING SNOW X = TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 2 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 0 MIN 32 OR BELOW: 0 0.50 INCH OR MORE: 0 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 0 [HDD (BASE 65) ] TOTAL THIS MO. 7 CLEAR (SCALE 0 -3) 9 DPTR FM NORMAL - -59 PTCLDY (SCALE 4 -7) 3 TOTAL FM JUL 1 39 CLOUDY (SCALE 8 -10) 2 DPTR FM NORMAL -65 [CDD (BASE 65) ]. TOTAL THIS MO. 26 DPTR FM NORMAL -13 [PRESSURE DATA] TOTAL FM JAN 1 3397 HIGHEST SLP M ON M DPTR FM NORMAL 555 LOWEST SLP 29.83 ON 13 [REMARKS] • Vol. l DM P& L S httn: / /www.srh.nnaa_ ¢ ov /nrintahle.nho?ni1= CF6 &sid =1AH &date= 2009 - I 1 -30 11:11:11 11/15/2009 • Go C reenw ay Co Incorporated Genenl Cnntnctn" and Cnnstrvaion Manngerc CHANGE REQUEST PROPOSAL FOR LOW RISK FACILITY DATE: 10/06/2009 We received a request (copy attached) for two changes to be implemented into the above referenced project. They include the following: • 1. Request for Door #11 be changed to a Type B door with half glass in lieu of Type A door as specified. 2. Request for Door #7 be changed to a Type B door with half glass in lieu of Type A door as specified. To provide the above changes, we propose to install two half glass door units as requested for a cost of One Hundred Seventy and No /100 Dollars ($170.00) each or a total cost of Three Hundred Forty and No /100 Dollars ($340.00). We do not anticipate any delay to this project as we have ordered the doors and frames for this project and they are in fabrication, however if we can receive approval this week, we should not experience any delays to the delivery schedule established. Please review the attached information and let us know if you have any questions or request further clarification. ibmitted by, c.5 4602 g Stephen P. Byrne President GCI / / • Approved: / BRAZOS 'OUN 'JUDGERANDYSIMS OR: BRAZOS COUNTY COMMISSIONER DUANE PETERS • Approved this date: ! /ten 9 F.O. Box 11184 • College Station, TX 77842 r Phone: 979.220,552:,6„. • Fax: 979.690.1676 Vol. l p� Pg• . d CHANGE REQUEST FOR JAIL EXPANSION: • . DATE / /a 6 70y I I -� I .r Pell — Lc„..� R; s(t Cep-frr I: 1-rorq - 5 . CL-(es V. .loi,es – Ta...., ;,,.,.• Tea,.. si r ! o — _ &o.+/ 7101, -- ` rstif -- 5,ns:... l'' � lea. 4 not e.s a c.) 1a L ac- r 5- c5,, --e I ^ : l i // ( / I��f pass.bL< clw,r cLe,,, , 2- A2 ev, 1V4.1 L eU , ? 1 - ) e Aced -Eb CA Sore 1(-4 -f L ese Clan-re-5 I.i CIA_ Ln cc 5 &1 c �.a , K � ,w in-5- a.t i ; . 4 cccp(rtIfc eas - 0 c Enos+ 4lso eh Kc�c - � ac,,t w;ll 1,0 l• U,ULatc j 4,I si.Ndcrofs, t7"f I'' 4{'cscr<.i- Tor - - ll its 11,- oolrio1e 4. i li bi i�tKt- is q politic i 0 7rn 4 ce c n-d I I !"s , f 4. rJ1nt4 ,.34I t art cTcers !vi5 'i t 2 r[ tr 'F -• u 1 cso- 1 l 6G c at /T O1 7 / L0 /,C 3 l [,6/ s WI • 1 1 &c c r S 6k Co d o - ) 1;; I °�4t my �;p�r�csc 'Iii' I � a Pt c rcc �c s r n � ,.sa �� {h cC hl. ! en eat ,1tiI /� ,5 Dt�1GC 6k Ike_ e C6 s .s /[. J 4,e.c. 0 e• Ve$ asr }•- ,1 L4 cc rraM y!perT 13' qPe pC A l a APPROVED BY 4 r e 1 JUDGE ' • 2 Y SIMSl, OR COMMISSIONER DUANE PETERS ii i II 1 Vol. ► a a Pg. 1 g 0 i I ii e‘ra Greenway telti Constructors Incorporated Cmenil Contractor; and Cnnstnactim Managers CHANGE REQUEST FOR LOW RISK FACILITY DATED: 10/29/2009 APPROVED: 11/02/2009 PRICING OF REQUESTED AND APPROVED ITEMS: DATE: 11/16/2009 We respectfully request approval to initiate ASI 01 for the items required by the Texas Commission on Jail Standards and the Texas Commission on Accessibility Standards based on their final review and acceptance of this project as follows: 1. Provide one handicapped accessible toilet/shower /lavatory on one of the dormitory sides of the facility. (Per TAS requirement at review) There will be no cost associated with the adjustments needed to the below slab plumbing rough -in as we received direction from the Architect prior to the pouring of the slab on this item. The cost to install the required handicapped grab bars for the two handicapped accessible toilets will be $800.00. The cost to install the handicapped accessible shower with a seat, grab bars, accessible controls and additional shower head, an additional half height wall at the HC shower and plumbing boots at lavatory drains and hot water supply will be $3,875.00. Toilet accessories will be installed per HC accessible guidelines and will not require additional cost. The total cost for these changes is $4,675.00. 2. Please ensure hold -down clips for lay -in ceilings will be provided in inmate occupied areas. (Per TCJS letter dated October 15, 2009) There will be additional cost to install hold down dips for the lay -in ceilings. 3. Please ensure visual and audible annunciation of all fire detection devices and fire extinguishing systems will be provided at a continuously staffed location- (Per TCJS letter dated October 15, 2009) Visual and audible annunciation of fire detection devices is included at no additional cost. 4. Please ensure smoke detection for inmate occupied areas shall be by means of listed and labeled smoke detectors. (Per TCJS letter dated October 15, 2009) Smoke detection devices provided are UL listed and labeled and are provided at no additional cost. 5. Please ensure emergency illumination systems will be provided on emergency power. Please ensure normal ventilation systems required for smoke detection. (Per TCJS letter dated October 15, 2009) This item has just been submitted to TCJS last week for approval by the Architect. Upon approval from TCJS, we will be able to determine cost impacts, if any for this item. • 6. Please ensure a Class I standpipe will be provided. (Per TCJS letter dated October 15, 2009) A Class 1 standpipe fire suppression system is provided in the building with an additional requirement to install a remote fire department connection at the BCJ parking lot requiring an additional standpipe in the building, one additional check valve, approximate 120' of C 909 4" water line and 2 -1/2 "fire department P.O. Box 11184 - College StatVoi TX 77842 I P Phop@: 979.220.5596 lq l Fax: 979 690.1676 g. Page Two of Two Change Request for Low Risk Facility Brazos County, Texas connection riser with thrust block. The cost to install this additional remote fire connection not on the building as originally submitted is $2,975.00, Please review the attached information and let us know if you have any questions or request further clarification. Submitted by, • • • �� , '.. Stephen P. Byrne President T Approved: Approved by Judge Randy Sims on 11 -02 -2009 / /we BRAZOSCOUNTY JUDGE RANDY SIMS BRAZOS COUNTY COMMISSIONER DUANE PETERS • Approved this date: /73/7 • P.O. Box 11184 • College Station, TX 77842 i Phone: 979.220.5596 I_ Fax: 979.690.1576 VOL IQ` Pg. Gre • • • GC! wy Con st ru c t ors Jncorpomted • Cenenl Cnnvennn and Con twctinn Managers • CHANGE REQUEST FOR LOW RISK FACILITY DATE: 10/29/2009 We respectfully request approval to initiate ASI 01 for the items required by the Texas Commission on Jail Standards and the Texas Commission on Accessibility Standards based on their final review and acceptance of this project as follows: 1. Provide one handicapped accessible toilet/shower /lavatory on one of the dormitory sides of the facility. (Per • TAS requirement at review) 2. Please ensure hold -down clips for lay -in ceilings will be provided in inmate occupied areas. (Per TCJS letter dated October 15, 2009) 3. Please ensure visual and audible annunciation of all fire detection devices and fire extinguishing systems will be provided at a continuously staffed location. (Per TCJS letter dated October 15, 2009) 4. Please ensure smoke detection for inmate occupied areas shall be by means of listed and labeled smoke detectors. (Per TCJS letter dated October 15, 2009) 5. Please ensure emergency illumination systems will be provided on emergency power. Please ensure normal ventilation systems required for smoke detection. (Per TCJS letter dated October 15, 2009) 6. Please ensure a Class I standpipe will be provided. (Per TCJS letter dated October 15, 2009) Please review the attached information and let us know if you have any questions or request further clarification. Submitted by, See ,:fir Stephen P. Byrne President Approved: , BRAZOS • LINTY JUDGE RANDYSIMS OR: • BRAZOS COUNTY COMMISSIONER DUANE PETERS "proved this date: • P.O. Box 11184 • College Station, TX 77842 • Phone: 979.220.5596 - Fax: 979.690.1676 Vol. aci p 132 A • TEXAS COMVIISSION ON JAIL STANDARDS • EXECUTIVE DIRECTOR Adan Mme, Jr. `sC P.O. Box 12965 `". r .j .Aq Ameba, Tens 76711 • � Fy : Ameb Voice: (512)463 -5505 ( ' 1 Far (512) 4fi3.3165 aW W Kra§ / \ t 1, .1 Agency Websitt Pun: /ywww,leisstatetcas 1 y r /\ t./ B.-mail Address adaamanozescjsstatelzoa October 15, 2009 The Honorable Randy Sims County Judge, Brazos County 300 East 26 Street Bryan, Texas 77803 -5327 and Sheriff Christopher C. IGrk Sheriff, Brazos County 300 East 26 Street, Suite 105 Bryan, Texas 77803 -5359 Dear Judge Sims and Sheriff Kirk: Reference the Construction document review for the Brazos County Low Risk Facility. Please provide written verification of items listed below. 259.435 Please ensure hold -down clips for lay -in ceilings will be provided in inmate occupied . areas. 263.30 Please ensure visual and audible annunciation of all fire detection devices and fire extinguishing systems will be provided at a continuously staffed location. 263.31 Please ensure smoke detection for inmate occupied areas shall be by means of listed and labeled smoke detectors. 263.50 Please ensure emergency illumination systems will be provided on emergency power. Please ensure normal ventilation systems required for smoke detection. 263.52 Please ensure a Class I standpipe will be provided. Sincere I. All eli ) Adan Munoz, Jr. Executive Director AMJ:jcs . Rick Ravey, Patterson Architects. Et mkt Vol. lag Pg. I 6 13 Judge Dome S. Meager, Barney Chair Stanley Albert L. Black, Austin Sheriff Gary Painter, Midland Stanley D. Egger, Abilene, Vice Chair Jerry W. Lowry, New Caney Dr. bitched M. Sealy M.D., Houston Irene A. Armeffistr, El Pam Larry S. May, Sweetwater Sheriff Tam Terry, Panhandle The Commission on lag Standards welcomes all suggestions and will promptly respond to all complalms directed against the agency or any facilities under in purview'. • • PAeTERSON 701 B South Texas Texas Avenue ASI y , A ti c HI1.C'L.TS Voic a n - 979 775 675. 036 Fax- 9797790727 ARCHITECT'S Email — desis;nC %�tarch.com SUPPLEMENTAL • ww•w.patarch.com Liesi,^ INSTRUCTIONS • f,r 'lm Ju:nrr. PROJECT: Brazos County Low Risk Facility ASI No. 01 1115 Royal Adelade, PO Box 11184 -77842 Date: 10/22/2009 College Station, TX 77845 PA No: 2008 -2814 To: Mr. Steve Byrne Copy: none Greenway Constructors Inc. 1115 Royal Adelade College Station, Texas 77845 fax: (979) 690-1676 From: Signature 1F t �l ljj C> cF....^D, : { 1 /' • At I LL' J y j iff)) ro F T Bill Richard Ravey The Work herein described shall be incorporated into the Contract Documents and shall take precedence over any conflicting information. 1f this Work modifies the Contract Amount or Contract Time the Contractor shall notify the Architect in writing before beginning any such work and provide a proposal indicating the amount of such modifications. After the Owner has agreed to such modifications the Architect will issue a notice to proceed. Description: To provide handicapped accessible areas to the facilities, the toilet /shower /lavatory areas shall be altered as indicated below and as shown on attached drawings ASI -01 -1 and ASI -01 -2. 1. General Layout: East wall of Dorm 103 shifts 6" West. West wall of Dorm 102 shifts 6" East. East wall of 111, 112, & 113 shifts 4" East. This will reduce the N -S chase width from 2' -5 5/ 8" to 2' -1 5/8". The E -W dimension of 111, 112 & 113 will increase from 10' -0" to 10' -10 ". The E -W dimension of 107, 108 & 109 will increase from 10' -0" to 10' -6 ". 2. At Showers 107 & 113: Change shower head (Sr floor slope layout as shown on drawing. Head spacing lightens up and a "dry -off" area is created near shower entrance. q (� _ Attachments: Drawings AST -01 -1 & AS1-01 -2 Vol. l al L l Pg. 3. At Shower 113: Add tile covered wing wall at HC shower with internal angle support. Also add solid plastic HC seat with stainless steel tube frame, 1.5" SS grab bar, shower diverter valve, off center volume valve, and quick connect shower wand with hose. 4. Rename Lavatory 112 to Toilet 112. Rename Lavatory 108 to Toilet 108. 5. At Toilets 108, 109, 111, & 112: Change N -S dimensions to 7' -6 ". Mix toilet & lavatory fixtures as shown on the attached drawings. 6. At Toilet 111 & 112 only: One toilet & one lavatory in each room will be H.C. accessible — including grab bars, mirrors, pipe insulation, & accessories. • 7. At Toilet 104: Increase West chase wall from no dimension to 1 ". Change East chase wall from 9" to 5" (4 7/8 ") and hold inside E -W room dimension at 8' -0 ". At Office 105, the E -W dimension will be 14' -10 ". 8. Outside North wall dimension string changes: 1' -2" 11' 11 1/2" 47/8" 23' 21/2" 47/8" 41' 11 1/2" 1' -2" becomes 1' -2" 41' -5 1/2" 4 7/8" 24' -21/4" 4 7/ 8" . 41' -51 / 2" 1' -2" 9. Outside South wall dimension string changes: 27' 81 / 2" 12' -0" 3' -0" 10' 8 3' -6" 10' S" 3' -0" 12' -0" 27' S 1/2" becomes 27' -2 1/ 2" 12 3' -0" 11' -4" 3'-6" 11' -4" 3' -0" 12' -0" 27'-2 1/ 2" END - SEE ATTACHMENTS • Attachments: Drawings ASI -01 -1 & ASI -01 -2 199 19 5 Vol. Pg. • • Vol. I al Pg. L `� 6 T - = AI A Document G701N — 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER 03 OWNER: El Brazos County Low Risk Facility DATE: November 30, 2009 ARCHITECT: ❑ 1821 Sandy Point Road Bryan, Texas CONTRACTOR: ❑ TO CONTRACTOR (Name and address): ARCHITECTS PROJECT NUMBER 2814 FIELD: ❑ Greenway Constructors, Inc. CONTRACT DATE: August 08, 2008 P.O. Box 11184 CONTRACT FOR: General Construction OTHER ❑ College Station, Texas 77842 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) The original Contract Sum was $ 1,100,000.00 The net change by previously authorized Change Orders $ 200,670.00 The Contract Sum prior to this Change Order was f 1,300,670.00 The Contract Sum will be increased by this Change Order in the amount of $ 3,600.00 The new Contract Sum including this Change Order will be $ 1,304,270.00 The Contract Time will be increased by Five (5) days. The date of Substantial Completion as of the date of this Change Order therefore is February 9, 2010 1. Add one (1) fire hose cabinet and associated valve and piping for a 2 -1/2" FDC in Multi- Purpose Room next to electric drinking fountains per attached approval dated 11/30/2009. NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or . Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Greenway Constructors, Inc. Brazos County ARC CONTRACTOR (Firm name) OWNER (Finn name) P.O. Box 11184 200 South Texas 4 nue Colle:: Station, Texas 77842 B . 1 T _jg ADDRESS AD r.} � ADD - . "r- - � ee D � _ - -- BY (Signature) BY (Si: cure) / BY (Signature Stephen P. Byrne, Presi. • It Coun .1 .. ! • Rand Sims (TYPed na , : (Typed name) (Typed name) 1110109 ( 2 it' Io D DATE DATE AIA Document G701 ° — 2001. Copyright ® 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 1 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 22:24:48 on 11/30/2009 under Order No.3595293569_1 which expires on 07/302010, and is not for resale. User Notes: � (859057995) Vol. 1 Pg. L 7 GO creerway • Constructors Incorporated General Contractors and Construction Managers CHANGE REQUEST FOR LOW RISK FACILITY DATE: 11/30/2009 We respectfully request approval to incorporate the following additional work required by the City of Bryan Fire Marshall: • 1. Install one fire hose cabinet in the Multi- Purpose Room next to the water fountains per the Fire Marshall to allow for Firemen to enter the building to fight a fire and connect to this location with a 100' hose and isolate the fire with this building connection. Work to include the additional associated piping, fire hose valve, 2 -1/2" fire hose connection, metal cabinet with a hinged metal door and cam lock. This request was generated through our Architect from the City of Bryan Fire Marshall in early November and we initiated pricing to determine the cost impact associated with this work. The cost to provide the metal fire hose cabinet, valve, piping and 2 -1/2" fire hose cabinet in the Multi - Purpose Room is Three Thousand Six Hundred and No /100 Dollars ($ 3,600.00). Please review the attached information and let us know if you have any questions or request further clarification. _ .omitted by, ��jj c5 2 .0f2/te Stephen P. Byrne President GCI Approved: 7/_��.►4 BRAT COUNTY JUDGE RANDYSIMS OR: BRAZOS COUNTY COMMISSIONER DUANE PETERS Approved this date: /7 P.O. Box 11184 College Station, TX 77842 - Phone: 979.220.5596 • Fax: 979.690.1676 vol. 1 a4 Pg., t- R-7 BRAZOS COUNTY t COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 46065000 DATE OF COURT MEETING: December 08, 2009 ITEM: Request from LT Gathering, LLC to construct a road bore for the installation of a 6" epoxy coated steel pipeline in the right of way of Kurten Ln. Approximately 5094 ft. from Hwy 190 (SH 21) Company Check No. 2756 in the amount of $500.00 accompanies the request. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMI / .� BY: CP7OV u(% �. Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 CC2009 -080 This Request is Ap . rove . / Denied ❑ by Commissioners' Court Date: .41 ■Narao Ater Randy Si :, County Judge - VoL REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: LT Gathering. LLC Crossing _ and/or Parallel Installation 616 N Upper Broadway St. Suite 1200 R Kurten Lane Corpus Christi TX 78477 Precinct Number: Formal notice is hereby given that (applicant)' krGathering LLc proposes to place a (type) 6' apory coated sleet pipeline within the right-of-way of (road) Kurten Lane in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. I understand and agree: 1. The County Engineer must be notified prior to the beginning of construction in order that a designated inspector may inspect the actual installation: 2. That a9 damage to the roadways and rights- of-way will be tepaued to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or rigt.af -way. 4. Thal Brazos County wig in no way be responsible for any damage which may occur to any existing utility Ones in the right-of -way. 5. That the The will be constricted and maintained on the County right- of -way in accordance with the lltigty Accommodation Policy which wesadopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than forty -eight inches (48") lower than Me lowest part of the drainage or bar dgdt and the drainage is to be considered at least two feet (2) below the center of the roadway. 7. That all roads stall be bored in accordance with the Utility Accommodation Policy of the Texas Department of Transportation dated 1989. 8. That all sites wilt be barricaded during the construction period. 9. That the normal charge Is $500.00 per crossing and/or 5130.00 per and when paralleling the roadway established by the Commissioners Court on December 21, 2004. 10. Ditch fine shag be compacted to 90% standard density ASTM -Test Method No. 0-698; test shall he conducted by an Independent geotechnical testing fine; copies of all test results shall be furnished to the office of the Brazos County Engineer. 11. Construction shall be In shiot conformance to the latest Texas Manual on Uniform Traffic Contr4 Devices for Shots and diehways. published by the Texas Department of Transportation, and ail other State and Federal laws governing utility construction. Construction of this line will begin on or after the 130r day of November 2009 . APPROVED BY COMMISSIONERS' APPLICANT: COURT O : £ LT Gathering, LLC Date/ r , Company Name Lee Terrell, R!W Manager Randy Sim County Judge Representative/Title Company 318.584.2749 Telephone Number Revised 17/21/04 .� ' 1 JJ �.! pitto -se- s1".2. aio- c_Lel�.. SICejc_k © -F p roposed c , ( - ass 'I tr Vol. I a9 P g. 9.00 • cn off ' . CL c1r1 SW ; , / ' °` I' V' a N r G O N L U o U J� -U m / w • C J \ �.. G 0 / N O -\ !I / N _ O 0. ^^L ` 1 N . --__ • • � -----4 N. f ill r • / \ Vol. f o2� Pg. °2 1