Loading...
HomeMy WebLinkAbout2011-03-01-4:00PM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 1, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 24: 3 Resolution 11-008 for the approval of the submission of arant application number 1803307 to the Office of the Governor, Criminal Justice Division for the Brazos County Drug Court. 4 Approval of an Exception Reauest to our Pharmacy Plan for a certain medication for a specific employee, 5 Reauest for out of state travel for Commissioner Kenny Mallard to travel with the Brvan/Colleae Station Chamber of Commerce to Washington. D.C. on May 9-12. 2011. 6 Request for out of state travel for Patrick Krems. Information Technoloav Department. to attend WebEOC tralnina In Augusta Geora la. Dates of travel are March 26 throuah AorII 2. 2011. Training, )ravel. and related expenses are being Paid for by Heart of Texas Regional Area Council. 7 Request for out of state travel for Sheriff Chris Kirk to attend training at the Westem States Sheriffs' Association 2011 Annual Conference. Las Vegas NV. Dates of travel are March 6 -11. 2011, 8 Reauest for new Diners Club credit cards for the Brazos County Sheriffs Office Investigators. These cards will be needed for travel expenses, • a. Michael Welch • b. David Villarreal • c. Terry Young • d. Clarence Lee Oldham Vol. I4q Pg.� • e. Hugh Wallace 9 Renewal of the contract tor Cold Mix Limestone Rock Asphalt Pavement. with no chance In terms, conditions and pricing. Contract term will start upon Commissioners' Court approval through February 8.2012. • a. THD 330 - Vulcan • b. THD 334 - Colorado 10 Capital Reaulsitlon and Approval of Contract with Schultz Enaineerina In the amount of S18,550.00. 11 Renewal of contracts for Heave Machinery Rental. 12 Permission to advertise Bid # 2011 -25, Asphalt and Emulsions. 13 Permission to advertise Bid # 2011 -26. Mowing of County Riahts -of -Way, 14 Request for approval of reaulsltlon # 00032901 tor the purchase of araphics from Tim Hardy In the pmount of S350.00 for a new Crown Vic for Constable Pct. 2, 15 Payment Authorization in the amount of $390.00 to Texas Commercial Waste for Rental of a Cardboard Compactor at the Detention Center for the Sheriff's Office - Jail. A purchase order was not obtained in advance. 16 Payment Authorization in the amount of $86.55 to Texas Excavation Safety System. Inc. for the Information Technoloav Department. A Purchase Order was not obtained In advance. 17 Consider and take action on the Rapist of Lot 5 Into Lots 5R -1 and 5R -2 of Cedar Oaks Estates, recorded In Volume 1293. Pace 739 (Official Records/Brazos County). 5.00 Acres. H.R. Gartman Survey, A-88, Brazos County, Texas. Site Is located In Precinct 2. 18. Consider take Paae 93 (Official Records/Brazos azos County). beinaaFinlal Plat of Lota 4A-R and recorded and -R Volume 8872. Tlmberwilde Second Installment. 5.759 Acres. Georae Powell 1l3 League. A -192. Brazos County. Texas, Site Is located In Precinct 2. 19. Tax Refund Applications for the following: • a. Tracy McCord - overpayment - $10.73 • b. Benjamin Ray Nicks-overpayment-S33.01 • c. Randy E Ramirez - overpayment - $268.04 • d. James Martinez- overpayment - $25.79 • e. Joshua Moreno - overpayment -56•46 20. Budget Amendments. pudaet Amendments FY10 /11 - 20.1, 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23. Convene into Executive Session pursuant to Section 551.074 to discuss personnel matters pertaining to the Purchasing Agent. 24. Consider and possible action on the Executive Session. 25 Acknowledaement of Brazos County Constable, Precinct 2 Racial Profllina Statistical Report for 2010, 26 Acknowledaement of Sheriffs Office Racial Profllina Statistical Report for 2010. Vol. t1-113 Pg. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and /or concerns. 29. Agency/ Board/ Committee reports by Court members. 30. Adjourn. 1 Vol. _. --�-�- Pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and alf the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing an 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 Govemment 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. 11 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 tom 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 10 ask that a matter be listed on a future agenda. See Texas Open Meetings Act §561.042. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handcap parking spaces are available. Any request for sign interpretive senaces must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. L pg. I o BRAZOS COUNTY BRYAN,TEXAS MINUTES March 1, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, March 1, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for Citizen input and /or concerns. Sheriff Chris Kirk - there were 531 inmates in jail, 42 have electronic monitors and 40 are pending for monitors. Consider and take action on agenda items 3 - 24: 3. Resolution 11 -008 for the approval of the submission of grant application number I Vol. � i �i — Pg. 1803307 to the Office of the Governor, Criminal Justice Division for the Brazos County Drug Court. Sri Res. 11- 008.pdf This is for the Brazos County Drug Court to be operated for the 2012 Fiscal Year, September 1, 2011 through August 31, 2012. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 4. Approval of an Exception Request to our Pharmacy Plan for a certain medication for a specific employee. Item 4.pdf Commissioner Cauley stated that this needs to be handled in a better way. Jennifer Salazar, Human Resources Director explained that the current company does not have the patient's history of drugs tried. Commissioner Cauley said she does not like it coming before Commissioners Court every week. Ms. Salazar said the only other alternative would be if the Court granted her the authority to approve exceptions after discussion with the liaison. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 5. Request for out of state travel for Commissioner Kenny Mallard to travel with the Bryan /College Station Chamber of Commerce to Washington, D.C. on May 9 -12, 2011. 9 Item 5.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 6. Request for out of state travel for Patrick Krepps, Information Technology Department, to attend WebEOC training in Augusta, Georgia. Dates of travel are March 26 through April 2, 2011. Training, travel, and related expenses are being paid for by Heart of Texas Regional Area Council. 9 Item 6.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 7. Request for out of state travel for Sheriff Chris Kirk to attend training at the Western States Sheriffs' Association 2011 Annual Conference, Las Vegas NV. Dates of travel are March 6 -11, 2011. Item 7.odf Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 8. Request for new Diners Club credit cards for the Brazos County Sheriff's Office Investigators. These cards will be needed for travel expenses.a. Michael Welchb. David Villarrealc. Terry Youngd. Clarence Lee Oldhame. Hugh Wallace 9 Item 8 aporoval.pdf Vol 141 pg. t Commissioner Mallard expressed concern about using credit cards. Sheriff Chris Kirk stated that there are provisions in place that set a maximum limit. These are necessary for the job. His investigators have to travel out of town at a moments notice and sometimes stay for an extended period of time. Katie Conner, County Auditor said the cards are monitored very closely. Brazos County has utilized credit cards for a very long period of time and there is the $500 limit on each card. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 9. Renewal of the contract for Cold Mix Limestone Rock Asphalt Pavement, with no change in terms, conditions and pricing. Contract term will start upon Commissioners' Court approval through February 8, 2012.a. THD 330 - Vulcanb. THD 334 - Colorado S9 Item 9.pdf All terms and conditions remain the same and no increase in price. New bid number will be 2011 -15R. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 10. Capital Requisition and Approval of Contract with Schultz Engineering in the amount of $18,550.00. Item 10.pdf For civil engineering and land planning services for the preliminary evaluation of the development of the Brazos County tract located in the Park Hudson Subdivision in Bryan, Texas. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members voting Abstain: Wasserman . 11. Renewal of contracts for Heavy Machinery Rental. Item 11.pdf All terms and conditions remain the same and with no price increase. New bid number is 2011 -09R. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 12. Permission to advertise Bid # 2011 -25, Asphalt and Emulsions. 10 Item 12.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 13. Permission to advertise Bid # 2011 -26, Mowing of County Rights -of -Way. Item 13.pdf Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . Vol. 14 if Pg. l 3 14. Request for approval of requisition # 00032901 for the purchase of graphics from Tim Hardy in the amount of $350.00 for a new Crown Vic for Constable Pct. 2. > o Item 14.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 15. Payment Authorization in the amount of $390.00 to Texas Commercial Waste for Rental of a Cardboard Compactor at the Detention Center for the Sheriff's Office - Jail. A purchase order was not obtained in advance. 10 Item 15.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 16. Payment Authorization in the amount of $86.55 to Texas Excavation Safety System, Inc. for the Information Technology Department. A Purchase Order was not obtained in advance. `...J Item 16.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 17. Consider and take action on the Replat of Lot 5 into Lots 5R -1 and 5R -2 of Cedar Oaks Estates, recorded in Volume 1293, Page 739 (Official Records /Brazos County), 5.00 Acres, H.R. Cartmell Survey, A -88, Brazos County, Texas. Site is located in Precinct 2. 1...?° Item 17.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 18. Consider and take action of the Replat of Lot 4, Block 5 of Timberwilde Second Installment, recorded in Volume 8872, Page 93 (Official Records /Brazos County), being a Final Plat of Lots 4A -R and 4B -R Timberwilde Second Installment, 5.759 Acres, George Powell 1/3 League, A -192, Brazos County, Texas. Site is located in Precinct 2. to Item 18.0df Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 19. Tax Refund Applications for the following: a. Tracy McCord - overpayment- $10.73b. Benjamin Ray Nicks - overpayment- $33.01c. Randy E Ramirez - overpayment- $268.04d. James Martinez- overpayment- $25.79e. Joshua Moreno- overpayment -$6.48 LJ° Item 19.pdf Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 20. Budget Amendments. Budget Amendments FY10 /11 - 20.1. Vol. 1 114 Pg. I if 0 Item 20.pdf 20.1 - Reallocate funds for Information Technology Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 21. Personnel Change of Status. Personnel Action Forms 1J Item 21.pdf A copy of the Personnel Change of Status Request is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 22. Payment of Claims. 7083775 through 7084010 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 0 Claims Sheet.pdf 1 I Bit list 030111.pdf 23. Convene into Executive Session pursuant to Section 551.074 to discuss personnel matters pertaining to the Purchasing Agent. At this point the County Judge skipped down to consider agenda items 25 -29. At 4:20 p.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss personnel matters pertaining to the Purchasing Agent as allowed under Section 551.074 of the Texas Government Code. The following were asked to stay for the meeting: Candy Gallego, Executive Assistant Ruth McLeod, Administrative Assistant Gayle Bond, Administrative Assistant Jennifer Salazar, Director of Human Resources 24. Consider and possible action on the Executive Session. At 4:37 p.m. the County Judge announced the meeting open to the public and on motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to appoint William Charles Wendt to the position of Purchasing Agent for Brazos County starting April 1, 2011. 25. Acknowledgement of Brazos County Constable, Precinct 2 Racial Profiling Statistical Report for 2010. 10 Item 25.pdf 5 Vol. pg. The Court acknowledged receipt of the report. 26. Acknowledgement of Sheriff's Office Racial Profiling Statistical Report for 2010. S°J Item 26 Approval Sheet.pdf i, Item 26 Report Part I.pdt Item 26 Report Part II.pdf The Court acknowledged receipt of the report. 27. Announcement of interest items and possible future agenda topics. There were no announcements. 28. Call for Citizen input and /or concerns. There was no citizen's input. 29. Agency/ Board/ Committee reports by Court members. Commissioner Mallard - attended an IGC meeting yesterday. The topics were on the school district and budget constraints. County Judge - introduced the new fair manager Travis Boeker. At this point the County Judge went back to consider the Executive Session. 30. Adjourn. Vol. IR pg. I (e The foregoing minutes of the Commissioners Court meeting held March 1, 2011 have been examined.and are approved in open Court this the /6 T/1 day of Bryan, Brazos County, Texas. Duane Peters County Judge ammy C- alena Commis- oner, Precinct 2 I a Cau Commissioner, P Attest: ct 4 (71(e--04-e aren McQueen County Clerk ,2011, in W e“-se 1424-...- - Lloyd assermann Commissioner, Precinct 1 Kenny Mall Commissioner, Precinct 3 Vol t`tg Page l� BRAZOS COUNTY COMMISSIONERS COURT Meeting on , 2009 @ etrm Vol. _ Lj = Pg. Organization /Department °A 13447A----- c- ef09--- 4 / /6)-i `41, Ae„ /A1 4 - . .it. id ' %%iii /3/G rzcN, 0/ g 4.... zany 6 _ G.J c 1) //�� - Cret /1 -4Jds C / -y .0 CLei e,rG zos Co c can .1,1(4 01 i tdi .-- .o . Fitt C4te(D Mc ± 1 U..A-_, ✓C.Oa C.4 _ erri d'2_ o& c` o to .A i IS fk Vol. _ Lj = Pg. BRAZOS COUNTY COMMISSIONERS COURT Meeting on ,2009 @ Name Organization / Department 00 V G UA.APC 7“(1 r v /74 /10c,) 47 OT.c—C1r/" //a7t a e-K littd4.1-- yA CCrAZt '{RA cc L / Ge ('2 1 / 41 liAL. �� -0 OZ: 1 1 I A JUI.C. 9 UuNN a - Ck4-1tzy 3 LF eeea .S /recl' -, cl .L ( �(Cr* LI -1 1- 1-0 ' w C0144wci-ca+� L) AAYE 5 Pout- lu-tirrt-c P,_,I-, GO la.' 13.e Att-r-A- L__Ocr ILL C 1-e (.,1;�i -n (ziotA&'1h a4t £0.,c,, jc Pc.\. <2 Wvis 6600,(k- yC ,X,vo Ati O Vol. Pg. PAGE I of 2- RESOLUTION Resolution Authorizing the Submission of a Grant Application for Brazos County Drug Court WHEREAS The Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Drug Court be operated for the 2012 Fiscal Year, September 1, 2011 — August 31, 2012; and WHEREAS The Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS The Brazos County Commissioners Court designates the Director of the Brazos County Community Supervision and Corrections Department as the authorized official for this grant. The authorized official is given the power to apply for, accept, reject, alter or tenninate the grant on behalf of the applicant agency; NOW THEREFORE BE IT RESOLVED that the Brazos County Commissioners Court approves the submission of grant application number 1803307 for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. Resolved this 1" day of March, 2011 in Bryan, Brazos County, Texas. • • • Duane Peters, County Judge Commissioner Lloyd Wassermann Co . • loner Sammy Catalena P. tint 2 A rwle I I I Wart A � r", auley .'* Precinct 1 Commissions envy Mall Precinct 3 Grant Application Number: 1803307 Vol. I 11)9 Pg. 020 Resolution 11-008 CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -18, Cold Mix Limestone Rock Asphalt Pavement, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -15R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. COLORADO MATERIALS, LTD BRAZOS COUNTY Duane Peters, County Judge Vol. I Pg 2.1 1/ 2c1// //l 3 --t -I1 Date 210 524 3555 Vulcan Materials 12:23:52 p.m. 02 -21 -2011 212 CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -18, Cold Mix Limestone Rock Asphalt Pavement, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -15R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. VULCAN CONSTRUCTION MATERIALS LP Z -18 -i1 Authorized Signature Date Print Name BRAZOS COUNTY Duane Peters, County Judge v -�— )l Date Vol. �1 Pg BID TABULATION 2011-15R COLD MIX LIMESTONE ROCK ASPHALT PAVEMENT Previously Bid as 2010-18 February 9, 2011 - February 8, 2012 THD 330 TYPE I, GRADE AA O = THD 330 CLASS A, TYPE 0 COURSE BASE THD 334 CLASS A, TYPE D BIDDERS LOADED LOADED/ LOADED/ LOADED LOADED/ LOADED/ LOADED LOADED/ LOADED/ _r ADDRESS /PLANT LOCATION ONLY HAULED IN CTY HAULED TO YD. ONLY HAULED HAULED TO YD. ONLY HAULED HAULED TO YD. teolorado Materials NB WB NIB 1418 NB NB 563.00 $80.00 $78.00 Vulcan Construction 52950 569.30 $87.30 520.50 568.30 $66.30 NIB NIB NB J 23 Miles West of Uvalde, Texas ' qt Z RECOMMENDATION FOR THD 330: Primary Vendor - Vulcan 0 W 0 4 0 J W W0 0 ▪ • a 0 w r Q J O J 0 W Q 0 J O 0 J 0 J t 0 W T 0 J O • 0 J 0 W 0 0 O J LO M 3 Brazos County Purchasing Department 200 S. TX. AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4292 Brazos County agrees to the terms and conditions contained in the attached proposal from Schultz Engineering, LLC for the professional services described for the property located at Park Hudson on Pendleton Drive. Any and all changes to this proposal or cost for services must be approved in writing by the Brazos County Commissioners' Court, prior to any additional work. Signed: �^-�Lk a <L/ County Judge Date: �j l - H Attest: Vol. County Clerk I u Pg. a Itz Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 February 21, 2011 Honorable Duane Peters Brazos County Judge 200 South Texas Ave., Suite 332 Bryan, Texas 77803 Re: Proposal for Professional Engineering Services Dear Judge Peters: Attached is our proposal for civil engineering and land planning services for the Preliminary Evaluation of the Development of the Brazos County tract located in the Park Hudson Subdivision in Bryan, Texas. Thank you for giving us the opportunity to provide professional services to Brazos County. If you have any questions, please do not hesitate to call. Very truly yours, SCHULTZ ENGINEERING, LLC. 1 Joe Shultz, P.E. Manager P.O. Box 11995 • College Station, Texas 77842 schultzeng inee ringllc. com 1---- Pg. PROPOSAL For PROFESSIONAL ENGINEERING SERVICES For THE PRELIMINARY EVALUATION OF DEVELOPMENT FOR THE BRAZOS COUNTY TRACT IN THE PARK HUDSON SUBDIVISION - BRYAN, TEXAS Prepared For BRAZOS COUNTY Schultz Engineering, LLC 2730 Longmire Drive, Suite A College Station, Texas 77845 979.764.3900 111 Vol. 1 414 Pg. 02 lQ INTRODUCTION Brazos County has a tract of land in Bryan, Texas located at the corner of Boonville Road, (FM 158), and Pendleton Drive. The County is considering constructing a building on the site for a Tax Office. Other future uses include office buildings for the Brazos County Appraisal District, Justice of Peace or Constable, and Agricultural Extension Service. In order to maximize the use and development of the land, a Master Plan for the entire tract is proposed to assist in locating the Tax Office Building and the future buildings along with the associated parking, access driveways and drainage facilities. A consulting firm with land planning experience will prepare the preliminary layout options for the facilities. The scope of work for the land planning firm is provided in the proposal from TBG Partners which is provided in Appendix A. The following is the anticipated civil engineering scope of work for the preliminary evaluation of development for this land. SCOPE -OF -WORK — PRELIMINARY EVALUATION OF DEVELOPMENT 1. Sub - contract with TBG Partners for land planning services as identified in their proposal in Appendix A. 2. Obtain survey and base mapping files from Brazos County, the City of Bryan and others to identify the existing structures and features of the land and provide these files to the land planning consultant. This information will be used for locating the buildings and parking areas and to determine the allowable locations for access driveways for development. 3. Determine location and capacity of existing utilities that serve the site. 4. Coordinate with the Land Planning Consultant firm. 5. Prepare a preliminary drainage analysis of the site and determine the approximate size of the required detention facilities. 6. Using the land plan prepared by the Consultant, evaluate the platting requirements for development of the tract. 7. Prepare conceptual design drawings showing the utility extensions to the Tax Office Building and for the development of the remainder of the tract. B. Prepare quantity takeoffs from the conceptual design drawings and prepare a conceptual cost estimate for the project 9. Attend meetings with Brazos County staff from various County Departments and City staff, TXDOT staff, and others as necessary. 10. Prepare a summary report of the Preliminary Evaluation for this project. This project will be under the direction of Mr. Joe Schultz, P.E., Manager and Principal of Schultz Engineering, LLC. The B /CS Unified Design Guidelines and Standards will be used as the basis for the conceptual design of the project. 121 Vot. 1 Lit pg ASSUMPTIONS A and survey of the tract has been prepared by others but a detailed as -built survey of the site has not been done and will not be used for the development of the conceptual drawings and preliminary cost estimate. Aerial topography and civil features from the 2002 City of Bryan data will be used for the base mapping with more recent aerial photography used to update the mapping to the current condition. Quantities developed for the conceptual cost estimates will be based on preliminary site layouts prepared by the land planning consultant. FEES The fee for civil engineering services for this project will be on a time and material basis with a fixed not to exceed" amount of $6,200. The following table presents the estimated man -hours and fees for this project. Task Estimated Fee Man -hours Professional Engineer @ $ 125/hr Graduate Engineer/EIT @ $75/hr ftsma Draftsman @ $40/h r 1 $11,500 Sub - Contract with TBG Partners — Lump Sum Fee' 2 $960 4 4 4 3 5 650 4 2 0 4 $ 500 4 0 0 5 $1,040 4 4 6 6 $ 250 2 0 0 7 $ 560 2 2 4 8 $ 835 3 4 4 9 $ 500 4 0 0 10 $ 755 3 4 2 $ 1,000 Reimbursable Costs — Schultz Engineering, LLC and TBG Partners Total $ 18,550 30 20 20 * Lump Sum Fee as proposed by TBG in their proposal in Appendix A Invoices will be submitted monthly based on the work completed and will be payable within 30 days of receipt The number of manhours for each task is an estimated amount. Manhours will not be tracked on an individual task basis. SCHEDULE Completion of the work is dependent on the preparation of conceptual design drawings by the land planning firm. It is anticipated that the work will be completed with six to eight weeks after receiving the Notice to Proceed. Vol. [3] o4--t Pg. °Zr Vol. APPENDIX A LAND PLANNING PROPOSAL FROM TBG PARTNERS (4] Of pg. 077 February 18, 2011 Mr. Joe Schultz, P.E. Schultz Engineering, LLC PO Box 11995 College Station. Texas 77842 Joeschultz84@verizon.net Re: Brazos County Conceptual Site Plan Study TBG Project I H11630 Dear Mr. Schultz: The Broussard Group, Inc., dba TBG Partners (TBG) is pleased to present this revised proposal for professional services on the above referenced project. This agreement is by and between Schultz Engineering,LLC (Client) and TBG (Landscape Architect/Planner). SCOPE OF SERVICES Services will be performed in close coordination with the Client to assist with the overall physical layout or land plan for the project. TBG will provide the following services, generally in the order indicated. Modifications in the timing and scope can be made to meet the Client's changing needs. Services to be performed include: SITE INVESTIGATION, BASE MAPPING AND CONCEPTUAL SITE PLAN DESIGN A. TBG will work closely with the Client, and the other consultants as appropriate, to collect and analyze maps, surveys, aerial photographs, title information, recorded restrictions and other pertinent information for the site and its immediate environs. B. Prepare a scaled base map of the site and its immediate environs in AutoCAD utilizing the boundary survey and subsequent information provided to TBG. C. TBG will prepare up to three conceptual site plan altematives. The plans will be prepared in a freehand sketch form over the base map and will show proposed lot lines, building footprints, • driveway corridors parking and other surface paving areas, open space, storm water detention, landscape amenities and any other special features. TBG will review the sketches with the Client to select a preferred plan (or combination of features from more than one) for further development and refinement in future phases of services as applicable. 3050 Post Oak Blvd., Suite 1100, Houston, Texas 77056 TEL 713.439.0027 FAX 713.439.0067 WEB www.tbg- inc.com Vol. 1 44 pg. 30 Mr. Joe Schultz, P.E. February 18, 2011 Page 2 D. TBG will provide an estimate of probable construction cost based on the Client's preferred plan. This estimate will be based on the program elements given by the Client as reflected in the preferred plan. This estimate will be in collaboration with the Client's civil engineer and other consultants as appropriate. E. TBG will provide a conceptual phasing plan to be used as a preliminary basis for future development. F. Development of phase one will be handled under a separate proposal. VISIONING STUDY Based upon the Client input /selections from above, TBG will: A. Provide benchmark imagery to help support the projects vision in regards to community identification and general character of architecture. This imagery will be used by the Client to help communicate the project to others. The imagery is not meant to represent a final design but to assist the Client in telling the story of what the general character of the project will be to the general public. COMPENSATION Fees for these services outlined above will be charged as a flat fee as listed below plus reimbursable expenses. Site Investigation, Base Mapping, and Conceptual Site Plan Design $9,000 A. Site Analysis B. Base Map C. Conceptual Site Plans D. Cost Estimates E. Conceptual Phasing Plan Visioning Study $2,500 A. Imagery Total Design Fee S11,500 REIMBURSABLES The following costs shall be reimbursed at cost plus fifteen percent and are not included in the fee for professional services. A. Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract B. Travel associated with the project, including, but not limited to, mileage ($0.51 /mile), airfare, automobile rental, hotel and meals C. Cost of postage and shipping expenses other than first class mail D. Long- distance telephone and facsimile charges Vol. l f-f ' pg. 3 Mr. Joe Schultz, P.E. February 18, 2011 Page 5 G. Risk Allocation TBG will be responsible only for its own work and not for defects in the work designed or built by others, TBG will not be responsible for consequential damages either to the client or to other members of the construction team, including without limitation damages for delay or for construction inefficiencies for any cause whatsoever; In no event shall TBG be liable for damages to the client, assignees, the contractor or its subcontractors for any claims or damages in excess of the amount of the fees paid to TBG by the client. H. Dispute Resolution As a condition precedent to either client or TBG's filing of any claim in litigation, the President of TBG and the client shall meet within thirty (30) days of a request by either party to attempt to resolve the dispute. TBG will not be required to participate in any mediation or arbitration proceeding with any parties other than the client without TBG's consent. In the event of a dispute, neither TBG nor client shall be entitled to the award of attorneys' fees. Venue for any dispute arising out of the services provided by TBG under this agreement shall be in the District Court of Travis County, Texas. Any applicable statute of limitations shall commence to run and any cause of action shall be deemed to have accrued not later than the date of substantial completion of the project on which TBG's services are provided. I. Revised Project Budget If the project budget defined by the scope of services is increased or decreased by more than ten percent (10 %) after the design /development phase of the work, the time and effort required to redesign the project within the new budget will be considered additional services to this agreement. J. Additional Services Additional services are services that may be needed by the client, but which are not included in the basic services. Additional services will be provided only with prior approval of the client, and include but are not limited to the following: 1. Preparation and presentation of graphic exhibits other than those described in the basic scope of services. 2. Revisions and changes in drawings, specifications or other documents previously given by the client, or the preparation of alternates or deductive change orders requested by the client. 3. Preparation of record drawings or of measured drawings of existing conditions. 4. Providing prolonged construction observation should the construction time be substantially extended through no fault of TBG. 5. Providing services if, in Guaranteed Maximum Price (GMP) projects, the construction budget for TBG scope items is reduced through no fault of TBG. Vol. tLfif Pg. 3a- Mr. Joe Schultz, P.E. February 18, 2011 Page 3 E. Cost of digital scanning F. Cost of printing for small and large format plots black and white as well as color plots G. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents approved in advance by the Client H. Cost of notification signage Of required), if not paid in advance by the client. I. Fees for additional consultants retained with the approval of the Client CLIENT RESPONSIBILITIES A. The Client will provide surveys, record drawings, geotechnical investigations and /or other such investigations that TBG may request to properly execute the work. B. The Client will review and provide comments on drawings and outline criteria provided by TBG. C. The following engineering tasks are being performed by the Client's consultants: 1. Civil engineering of roads, parking, site utilities 2. Architectural structures 1 Environmental assessment and entitlement submittals Please do not hesitate to contact me if you have any questions or need additional information. Upon your approval, please sign both copies and return one for our files. Sincerely, Stan Winter, AICP Director of Planning APPROVED: 3 -I- (1 BY DATE The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2 -350, Austin, Texas 78701, telephone 15121305 -9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration law. Article 249.c. Vernon's Texas Civil Statutes. Proposal copyright ©2011 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Fanners. Vol. 144 Pg 33 CONTRACT TERMS AND CONDITIONS Vol. Mr. Joe Schultz, P.E. February 18, 2011 Page 4 A. Effective Date Payment This agreement shall became effective upon its execution by client or when client provides written authorization to TBG to begin its work. B. Standard of Care TBG will perform its services in accordance with the standard of care expected of landscape architects /planners doing projects of similar scope in the State of Texas. In performing these services, TBG cannot ensure perfection and therefore does not make any warranties, either expressed or implied, as to the quality of its services or of its drawings. To the extent that TBG is relying upon documents supplied to it by the owner or the owner's consultants, it shall be entitled to rely upon the accuracy of those documents in preparing its drawings. C. Guaranty of Certifications Unless specifically provided for elsewhere in this Agreement, TBG Partners makes no warranties, representations or guarantees that the project will actually achieve or receive any certification by Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the U. S. Green Building Council, or any other similar state, local or national environmental building program. Similarly, unless otherwise provided for in this Agreement, TBG Partners makes no warranties, representations or guarantees regarding the energy use or operating costs or expenses of the project. D. Parties to this Agreement This is a professional services agreement which TBG is entering into for the exclusive benefit of the client. There are no intended third-party beneficiaries of the agreement, and both TBG and client agree not to assign this agreement or any causes of action which arise under it without the express consent of the other party. E. Statements and Payment Fees for professional services and reimbursable expenses will be invoiced to the client monthly based on the percentage of the work completed for each task. A task -by -task description of work performed will be submitted with each invoice at client's request. TBG reserves the right to suspend services in the event that invoices exceeding a total amount of $5,000 remain unpaid for more than thirty (30) days. F. Termination The client may terminate this agreement upon written notice to TBG, in which event client shall compensate TBG for all work performed by TBG prior to termination. TBG may terminate this agreement upon ten (10) days' written notice to owner after the occurrence of any of the following: 1. The clients failure to pay TBG's invoices within thirty (30) days; 2. Suspension of the project for more than sixty (60) days; 3. The client's material default of any terms of this agreement; or • 4. The client's failure to execute this agreement. Pg. .24 STAFF 1 STAFF!! STAFF III STAFF IV STAFF V TBG PARTNERS HOURLY RATES vol. i 44 Pg. 35 Mr. Joe Schultz, P.E. February 18, 2011 Page 6 $35 - $45 $50 - $70 $75 - $95 $100 - $125 $130 - $200 AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 �l - {9 STATE OF TEXAS § COUNTY OF BRAZOS § A /,t' /1 1 _ ;., !M1 - 8 PI 4: 4 5 BEFORE ME, the undersigned authority, on I ' j Ut.O%t 2 0 I 1 p n`ia I W I y �I o lnlAcce r nthn who being duly sworn, deposes and says: • 1. That he/she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. n 110 "�of1the-Court Agenda dated i ±I1 described as l.(ljt)itt Oferb /.(�1 (4h4'f1 ,x,41 u 1 +-z Evk i ryeCf\vb3 would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. () () That the substantial interest is (check the following as is appropriate): a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or S15,000 or more of the fair market value of the business entity; or b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or ()/ c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or (JJ d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or () e. other 3. That I will abstain from participation in the matter referred to in Item 1 unless authorized by law. Signature SWORN TO AND SUBSCRIBED BEFORE ME this the C'day of 1711/7.4(4— 20 / Notary Public in and The State of Tex Filed: County Clerk t. . 0 i ' — -' BEATRIZ D. GREEN Navy awls. sub d Toss ti s Myeonrassbn Ewa ` _g°+ JUNE 11, 2014 Vol. )LLt pg. CONTRACT RENEWAL ACCEPTANCE By signing herewith, 1 acknowledge and agree to renew the contract for Bid 2010 -08, Heavy Machinery Rental, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -09R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. Voldo- H EA V Y MACHINERY RENTAL cup Ai hvrized . ignaturc Jf /S Sh 4a]./ Printed Name BRAZOS COUNTY t0 /I0 3917d. 2/2y /// Date �- ti, 1} Date S1N3e1 0/110A ILftt pg 37 DOEZ6LLELE 0E.'60 tiOZ /bZ /Z0 Vol. it Feb 2411 10:20a p.1 CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -08, Heavy Machinery Rental, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -09R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. Mus ing 1 ttkI SerVICCS- HEAVY MACHINERY RENTAL WS) Aut rig d Signature VKk . Q CR- Printed Na the BRAZOS COUNTY 7ti Duane Peters, County Judge Vol. 14L Pg. 33 Date Feb. 23. 2011 4:06FM CONTRACT RENEWAL ACCEPTANCE No. 5213 By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -08, Heavy Machinery Rental, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -09R with no increase in price. I understand this agreement will be in effect upon approval by Commissioner's Court. HERTZ SAsoi gpn u}Ic.S Printed Name BRAZOS COUNTY CoJ Duane Peters, County udge 3 Date ate eN Vol. 1 111 Pg. 9 CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -08, Heavy Machinery Rental, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -0914 with no increase in price. I understand this agreement will be in . effect upon approval by Commissioner's Court. TEXCON Authorized Signature Date creel Printed Name/ BRAZOS COUNTY Duane Peters, County Judge vol. 1 tH Pg. 3-1- JI Date 40 BID TABULATION 2011 -09R HEAVY MACHINERY RENTAL Previously bid as 2010 -00 March 2, 2011 through Mandl 1, 2012 TYPE OF EQUIPMENT 1 '' MUSTANG RENTAL SERVICES BACKHOFAOAOER - 52 HP •R.B. EVERETT a CO. MAKEMODEL CAT 4110E-5MP NR MOMMY ...:::...:... .. i,i .: ..:....: WEEKLY - .. .. ... .. ..... .. OMLY 2 SMALL CRAWLER TRACTOR ME WAY BLADE, S4HP MAKE/MODEL MONTHLY WEEKLY WEEKLY ONLY 3 CRAWLER TYPE TRACTOR, 6%IP MAKTM[EL MDITILY WEEKLY DAILY 4 CRAWLER TYPE TRACTOR. 1WHP MAKE/MODEL LgNTNLY WEEKLY DAILY 5 SCRAPER • 11 CUBIC YDS MAKEDIODEL MONTHLY WEEKLY ONLY 8 SCRAPER -17 CUBIC YDS RAXEMOOEL MOMTNLY WEEKLY OILY T SCRAPER -22 CUBIC YDS MAMELODEL MONTHLY WEEKLY DAILY 5 CRAWLER TYPE TRACTOR, LO.P., 142 HP WKMYOOEL MDMHLY WEEKLY DAILY 5 DEC PLOWS -m HINGE OFFSET MAKEMCOEL MONENLY WEEKLY DAM 10 cMVM1ER TYPE LOADER 1.012 YRD SKT, 40 HP EIMEIMDOEL MONTHLY WEEKLY DAILY 11 WHEELED TYPE LOADER 1 -112 YD BHT, IS HP PAIXENCOEL MONTHLY WEEKLY OMIT 12 PMOJWRC ROLLER, 11 TONS. [WHEELS MOAEMODEL MONTHLY WEEKLY O NLY 13 SOIL COMPACTOR, VIBRATORY. PADDED DRUM, W - -26 TONS MAKENIODEL MONTHLY WEEKLY D AILY 14 SOIL COMPACTOR, VIBRATORY, SMOOTH DRUM, MARE OOE1 1g00THLY WEEKLY DAILY NR5 NIB 406 WO WB NRI vol. 1 yLI VOLVO TEXCON • Hartz VOLVO SL 104 X4 JD SILOS JOIW DEERE 31008 CVO 50000 61.400.00 15,30448 01.31400 5503.00 M0340 1120100 CAT 040 00,111.00 51,56140 M53.00 CASE WOK CAT040 0,510.00 *3,043.00 n,1m.00 53,21100 535100 05010 Nye CAT 016 16.500 O3 15001.00 1521.40 All MO JD ISO 408 W6 00,E CASE 1660 LOP 55,266.00 12,420.00 W'9 NM PUB VOLVO L35 10'9 APB VOLVO 60 102 F CAT GSSI O we VOLVO 00160E NIB fig. � 1 TYPE OF EQUIPMENT. "MUSTANG RENTAL SERVICES ^R9, EVERETT & CO. VOLVO TE %CON 15 ASPHALT RECYCLER, BOMAO MPH 100 OR EQUIVALENT MuCOMOPEL MONTHLY WEEKLY DAILY MIS WIPTDEM 101/202006. Hertz Wa 066,600.00 RIB NIB 16 17 PULVER MIXER NAMEIMOSa MOMINLT WEERY ONLY WATER TRUCK,1200 .2000 GALLON CAPACITY MAKEIM00EL MOOTHIT WEEKLY DAILY IWRTOEN WR2000NL 516,000.00 WB WB CA1 522,240.00 56,610.00 51,362.00 5I0 006 FORD OR GMC2000 GAL 12,450.00 1517.00 WB IMTERMMTIONAL 2000 54.001.00 51.200.00 5155.00 LEDWELL2000GAL 11 19 20 21 22 23 MOTOR GRADER, 135 HP MAME/MODEL MONTHLY MEEKLY ONLY MI6 LEE507 205122 HP 4Tsp-s '4 �.. ^I EXCAVATOR, 26 TONS 1 N YARD BUCKET MM°AIOCEL MONTHLY WEEKLY JULY WM GT 1255 52021400 CASE Cm. 55,46400 12.160.00 WB 6ELWPROPELLE0 MECHANICAL BROOM MAKE/MODEL MONTHLY WEEKLY DAILY CAT 37001 50,014.00 02,775,00 5524.00 MIS 6 57. BROCE 000016 65,E-01I 11,600.00 TAMPER MALE -SOMA° BT 58 VRRATOR (OR EQUK) MAKE MOCEL MO10M.Y WEEKLY DAILY BRCCE 0.050 *4,952.00 11,407.00 5162.00 1151.00 5266.00 KW CAT 050 (OR EQUWI 140 HP a DOZER *DRAKE MO WEEKLY WEEKLY DV LT RAMMA2 (OR 50UP) TRENC COMP-WALK 90111)50 -2501 50W10UK[L MONTHLY WEEKLY DALLY 12,656.00 5005.00 5242.00 05.00'.60 5530.00 1216.00 11,50.00 55,.65.00 61,655.00 5421.00 24 23 28 27 55 RAMMAX (OR EOUW) TRENCH COMPAEM07En1S MAXEAM2114 MONTHLY WEEKLY DOILY MA 51.000.00 58,455.00 11.565.00 542100 AIR COMPR -166 CEN MAI 55MON7THLY 17 WEEKLY ONLY WD 612LLAIR 116 GEM 6200.00 5266.00 555.00 55510 STEER LOADER (M000AT)5YD BUCK W/ TACK kNIFJMODEL M0MTXLY WEEKLY DAILY W0ERB011 RAND 5,56 1652.00 5290.00 585.00 000.... L MULL 4, TL1 DECK WATS.* CAT 247MJRNPJ YD 51,600.00 {600.00 520000 WS 61,000.00 0420.00 515000 25 RUBBER MRS LOADER WBAMMERS- 100091E MAXMMO0EL MONIXLY WEEKLY DOILY CAT 55,622.00 51,522.00 5531.00 CAT 06,522,00 11,62206 842600 VOLVO 5150 W/ BREAKER *4.040.00 51,260 05 Vol. I, q4 Pg. lia CASE 220 57,45200 $2,240.00 1646.00 TYPE OF EQUIPMENT INMIISTANG RENTAL SERVICE& LOW GROUND PRESSURE TRACTOR, 00 HP MAKE/MODEL MONTHLY WEEKLY b1LT 30 LOW GROUND PRESSURE TRACTOR 00HP MAKE/MODEL MONTHLY WEEKLY DNLY 31 13 33 34 SPECIALTY EXCAVATOR- LONG REACH 60'. 66' DEPTH MAKESCOEL MONTHLY WEEKLY DALY SPECIALTY EXCAVATORS WTUMS ATTACH MAKNYCOEL ROWDILY WEEKLY DAILY PAVING BREAKER. -4 LS TAW OPERATED) MAKUMODEL MORTIALT WEEKLT DAILY CUT-OFF a CONCRETE SAW - I6- HAND HELD MAKEMODEL MOMTIMY' WEEKLY ONLY CUT•OFFL CONCRETE SAW - 13 HP PUSH MODEL M ALENODS_ MONTHLY WEEKLY DAILY 36 REACH LIFT; 50006 CAPACITY MAKE'MODEL MONTHLY WEEKLY DAILY RANI EXCAVATOR; 15 NP,5' IY REACH MANFMOOL MONTHLY WEEKLT O NLY b WIN1 EXCAVATOR; M HP, 0'11' REACH Ld▪ ERLY EDIT ONLY 34 EXCAVATOR; T YON 570 HP MAREIMYNEI MONTHLY WEEKLY DAILY 40 SPECIALTY 24 TON EXCAVATOR WI SOW 5 HAMMER EM0LMCMEL MOMTRLT WEEKLY DAILY CRAWLER DOZER, 2414P, 41 STRAIGHT WI TILT 4ASE MAKEAICOEL MONTHLY 1EEIM1Y DAILY 35 TOR ARTLIMTED OF5A0. 42 TRUCK 301 HP MAKE7404L MORTRLY WEEKLY ONLY -"RS. EVERETT 6 CO. VOLVO TEXCON H60& MIS CAT DSO 59442.00 61,111,00 4664.00 NIB 5/5 we NO NIB 100 WET NT WO ATLAS CDPCO WI 531500 110600 15600 CAT315B 111,x0&00 13415000 01.044.01 CAT 560640 Ir20d0 55000 MIS NM STOLL73120 13,63300 11004M 1351.00 SSIHL 15400 NB MB WO 34O we NE GENM634 N,600.00 CASE DWI 01,44.0 56W.4 NR VOLVO ECRIS 51,4414 145600 1115.4 CASE C53T0 WO N B VOLVO AM $0,205.00 w0 13.06100 41434.00 431100 CAT 4',434 51,434.00 437300 CAT 03lD.4 53,02705 143600 CAT 114,3]04 HALLOS CAT 732,400.00 37,1114 53,303.00 ORADALL /HATE. 470600 623400 WO Vol. 1 tfrf Pg. 43 CAT 01313110 SATEEN 11,30100 TYPE OF EQUIPMENT U 'MUSTANG RENTAL SERVICES TELESCOPIC FC4KUFT; 1000 I/ MAXEMGOE- MOMNLY WEEKLY DAILY WELDER; LINCOLN 200300 AMP. 44 COMPLETE SET MAIE/MCOEL MONTHLY EKLY DALLY ATTACHMENTS FOR SKID BTEER AE LOADER E. 1T ANGLE BLADE MONTHLY WIWKLY ONLY b. COLD PLANAR MONTHLY WEEKLY DAILY a a• GRAPPLE BUCKET MONTHLY WEEKLY DAILY G RAPPLE FORMS MOROSE KLY LT HYOMAIAF AOOER MONTHLY LY d. GVL I rMT MONTHLY WEEKLY DAILY II tart MONTHLY ONLY DAILY III 1r sr? MOMTILY WEEKLY DULY H 1r BLT ROWDILY EEKLY DAILY a- MT MONTHLY EKLY LY 1 12" ROGER EATER ION MOKMY MEEKLY DAILY vB / AUGER ESIFl1011 0GMHLY WEEKLY DAILY 000 4 M00RAULC HAMMER MOMHLY OILY DAILY 9. HYDRAULIC TRENCHER MOM/0Y LY DAILY h. WI000RPE TILLER MONTHLY E MIT ONLY ""R. B. EVERETT & CO. VOLVO TFXCON 140112 NR N10 GENIE 105E 10,000054' REACH 51000.00 51.000.05 7374.00 000 NIB WS 147590 522500 One 0470 NIB 505-00 570.05 NA WS 000 7124.00 505.00 510.00 1170.00 540.00 51500 0270.00 400.00 Oa GP 000 25550 51.00 510.40 100 WB MO $1.01124 5440.00 0100.00 N05 030 Vol. 14 4 CAT $11.277.00 11.430.00 2511.00 10.00 .00 01.010.00 1403.00 250100 1294.00 150.04 INCL IN below PIKES 0444.00 5715.00 07100 5440-00 5 »5.00 0100 0440.04 121500 0100 01500 O15A0 044524 0115.00 0100 WO 00 2215 K0 01.00 544000 015.00 572.50 0.010024 100.00 510.00 N70 N/B PUB NIB COURT APPROVAL: Mustang: Monthly- 1, 4, 9, 12, 13, 14, 16, 18, 19, 20, 21, 29 ,30,31,36,39,41,45a,b,d,h,1,J,1 Weakly- 8, 12, 13, 14, 16, 17, 18, 19, 20, 21, 29, 30 ,31,34,36,39,41,45a,b,d,h,jJ,l Daily- 3, 9, 12, 14, 16, 18, 20, 21, 29, 30, 31, 34, 36 ,19,41,45a,b,d,l,li,iii,iv,h,i J,1 R.B. Everett: Monthly, Weekly and Deily -15 Volvo: Monthly -2,35 Weekly- 1,2,18,34,35 Daly- 1,2,34,36 Texcon: Monthly-5,6,7,10 Weekly- 5,6,7,10 Dalty5,6,7,10,13 Hertz: Monthly- 3, 5, 11, 17, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 37, 36, 40, 42, 43, 44, 45c ,d,I,li,ili,1v,v,vi,vii,f,g,k,m Weeky3,4,8,11,22,23,24, 25,26,27, 28, 32 ,33,17,38,40,42,43,44,45c,d,1, ll,l9,lv,v,vi,vii,f,g,k,m Daly4, 6, 11, 17, 19, 22, 23, 24, 25, 26, 27, 28, 32, 33, 37, 38, 40, 42, 43,44,45G,d,iv,v,vl,vii,f,g,k,m Secondary Vendors Mustang: Monthy3, 8, 16, 17, 22, 23, 24, 26, 28, 33, 34, 37, 38, 40, 42, 43, 44 ,45c,d,I,il,iil,iv,v,vi,vii,/,m Waaldy- 1, 3, 4, 8, 16, 25, 28 ,33,37,38,40,43,44,45c,d,i,li,l il,IV,v,vi,vfi,f,m Daily - 1,4,8,11,13,1 B, 17, 19, 25, 32, 33, 37, 38 ,40,42,43,44,45c,d,v,vi,vll,f,m R.B. Everett: Monthly, Weekly end Dally-16 Volvo: Monthly- 11, 13, 14 ,15,18,21,26,27,29,32,34,39,45k Weekly- 11, 13, 14, 20, 21 ,23,24,26,27,29,32,36,39,42,45k Daily- 20,21,23,24,26,21,26,29,36,45k Texcon: Monthly- 9, 12 ,30,31,35141,45a,b,d,g,h,IJ,I, , Weekly- 9, 12, 15, 18, 22,30,31,35,41,45a,b,d,g,h,iJ,l Dai y4, 12, 14, 15, 18, 22, 30, 31,35,39,41,45a,b,d,Iv,g,h,IJ,I Hertz: Monthly- 1,2,4,19,20,36, Weekly- 2,17,19,34, Daily - 2,3,34,451,11, ill Vol. Approval Date: I ` 1 1 Pg. 4'.5 TYPE OF EQUIPMENT "MUSTANG ERVCES RENTAL ICES EVERETT & CO: VOLVO TEXCDN Herd I. IL 1. T. u' LN'EW.LL HAIYLao ARM MONTHLY WEEKLY DAILY 16- MI/L11.PLITIP. BARNET MONTHLY WEEKLY DAILY 7500 W. PALLET FOAM WEEKLY DA LY MILT 72- PCK-UP BROOM MOKTRLY WEEKLY DAILY LY LY STUMP GRINDER MONTHLY WEEKLY DAILY NB Me ma PUB M9 M9 N9 IWH WB 5242.00 511. o H1.W 5205100 5009.00 5223.50 We Na .. .. _ ._.. , NR t F .. 5165.00 iN,00 565.00 46 FREIGHT CHARGE PER MIIY3IRO L••,M EA WAY LMO[1WAy RA AI FOR OWR INK, IM PER LOADER MAX 1109 RAMO Bap 47 DELIVERY COMPLETION APPROXIMATE MYB 2HRS. T02 DAYS 1.1 DAYS 1-7 DAYS DYER 100 RP 5 1 DAY ADORES! a LOCATION NEAREST BRANCH OfF 191NKM*NRtlALpOWr BRYAN. TX TAW 1211 RED BLUFF ROAD PABADERA TX 77607 1305 N. H4VEYMRCHELL PKWY BRYAN, TX 77503 17 ET GRAHAM RD. COLLEGE STATION, 70 77SA 7171455. CONROE, TX 77301 40 5G 51 62 BILLABLE MILES MINI/AM RENTAL CHARGE FOR RAIN CLAYS EMERGENCY ROg0SE TIME 1MIFl - MILES 1 My 1000515 TES 100 XP 1 MY 1 MY NO � TEE JTO2 NM Y� ITOLXW 1i0]Mflt II HOURS 1MOOR - P155..... .XtapbmM on Individual bid. Recommendation: Primary Vendors- COURT APPROVAL: Mustang: Monthly- 1, 4, 9, 12, 13, 14, 16, 18, 19, 20, 21, 29 ,30,31,36,39,41,45a,b,d,h,1,J,1 Weakly- 8, 12, 13, 14, 16, 17, 18, 19, 20, 21, 29, 30 ,31,34,36,39,41,45a,b,d,h,jJ,l Daily- 3, 9, 12, 14, 16, 18, 20, 21, 29, 30, 31, 34, 36 ,19,41,45a,b,d,l,li,iii,iv,h,i J,1 R.B. Everett: Monthly, Weekly and Deily -15 Volvo: Monthly -2,35 Weekly- 1,2,18,34,35 Daly- 1,2,34,36 Texcon: Monthly-5,6,7,10 Weekly- 5,6,7,10 Dalty5,6,7,10,13 Hertz: Monthly- 3, 5, 11, 17, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 37, 36, 40, 42, 43, 44, 45c ,d,I,li,ili,1v,v,vi,vii,f,g,k,m Weeky3,4,8,11,22,23,24, 25,26,27, 28, 32 ,33,17,38,40,42,43,44,45c,d,1, ll,l9,lv,v,vi,vii,f,g,k,m Daly4, 6, 11, 17, 19, 22, 23, 24, 25, 26, 27, 28, 32, 33, 37, 38, 40, 42, 43,44,45G,d,iv,v,vl,vii,f,g,k,m Secondary Vendors Mustang: Monthy3, 8, 16, 17, 22, 23, 24, 26, 28, 33, 34, 37, 38, 40, 42, 43, 44 ,45c,d,I,il,iil,iv,v,vi,vii,/,m Waaldy- 1, 3, 4, 8, 16, 25, 28 ,33,37,38,40,43,44,45c,d,i,li,l il,IV,v,vi,vfi,f,m Daily - 1,4,8,11,13,1 B, 17, 19, 25, 32, 33, 37, 38 ,40,42,43,44,45c,d,v,vi,vll,f,m R.B. Everett: Monthly, Weekly end Dally-16 Volvo: Monthly- 11, 13, 14 ,15,18,21,26,27,29,32,34,39,45k Weekly- 11, 13, 14, 20, 21 ,23,24,26,27,29,32,36,39,42,45k Daily- 20,21,23,24,26,21,26,29,36,45k Texcon: Monthly- 9, 12 ,30,31,35141,45a,b,d,g,h,IJ,I, , Weekly- 9, 12, 15, 18, 22,30,31,35,41,45a,b,d,g,h,iJ,l Dai y4, 12, 14, 15, 18, 22, 30, 31,35,39,41,45a,b,d,Iv,g,h,IJ,I Hertz: Monthly- 1,2,4,19,20,36, Weekly- 2,17,19,34, Daily - 2,3,34,451,11, ill Vol. Approval Date: I ` 1 1 Pg. 4'.5 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID /RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 24, 2011 BID NUMBER: 2011 -25 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Asphalt and Emulsions REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: County Judge DATE APPROVED: 3 - 1 - Vol. IL/ Lf Pg 'Re Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID /RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 24, 2011 BID NUMBER: 2011 -26 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Mowing of County Rights-of-Way REQUESTING DEPARTMENT: APPROVAL SIGNATURE: Road and Bridge County Judge DATE APPROVED: - 1 I ) Vol. 4'1 Pg. 14 7 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: March I, 2011 ITEM: Consider and take action on the Replat of Lot 5 into Lots 5R -1 and 5R -2 of Cedar Oaks Estates, recorded in Volume 1293, Page 739 (Official Records of Brazos County), 5.00 Acres H.R. Cartmell Survey A -88, Brazos County, Texas. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: d� Richar F. Vance, P.E. County Engineer CC2011 -012 This Request i Date: APPROVED BY: (6a-' v � mmission Sammy Catalena Precinct 2 (or) Denied by Commissioners' Court . Duane Peters, County Judge Vol. I LI Pg. 8 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: March 1, 2011 ITEM: Consider and take action on the Replat of Lot 4, Block 5 of Timberwilde Second Installment. recorded in Volume 8872, Page 93 (Official Records of Brazos County), being a Final Plat of Lots 4A -R and 4B -R Timberwilde Second Installment, 5.759 Acres, George Powell 1/3 League, A -192 Brazos County, Texas. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: Richard F. Vance, P.E. County Engineer CC201I -013 This Request i Date: APPROVED BY: ommiss'.ner Sammy Catalena Precinc 2 (or) Denied by Commissioners' Court E. Duane Peters, County Judge Vol. igq pg. 49 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11— 20.1 On this the lst day of March 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 1 st day of March 2011 the Court heard and approved a budget amendment for the 2010- 2011budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1st day of March 201 1. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County udge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Voi._)_ y -rg• J~0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 20.1 JI Iliv 1 I FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 14000100 67205000 CR Network Costs 4,000.00 0100 14000100 80205000 CR Network Costs - Capital 10,000.00 0100 14000100 65440000 DR Network Maintenance 14,000.00 Information Technology Department Reallocation of funds to properly account for network maintenance cost. Prepared By: lfi_ Date: 2/2312011' Department Apptroval, County Judge=Approval.= 1 oft vol. V49 Pg. 51 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 1, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Requests) Brazos Center Employee Request Applies To Action Requested Jennings, Nathan New Hire County Attorney Snelling, Tina Resignation District Attorney District Clerk Spradlin, Michael New Hire Bohler, Barbie Resignation Walleck, Stacy Resignation SO — Jail Vol. Blanton, Virgena Step Increase Bowser, Melvin Step Increase Boxley, Ahrijayla Step Increase Brown, Jeff Step Increase Carpenter, Timothy Step Increase Carpio, Regina Step Increase Churchill, Edwin Resignation Contreras, Miguel Step Increase Davis, Sheleana Step Increase Dezelle, Ronald Resignation Douglas, Kelly Step Increase Figueroa, Jose Step Increase Glover, Walter New Hire Grawl, Edward Step Increase Guerrero, Marianna Step Increase Henderson, Brandon New Hire Henderson, Latonya Step Increase Hernandez, Lupe Step Increase !� ti Pg. ��' Holloway, Dwayne Step Increase James, Robert Step Increase Jones, Sherry Retirement Knighton, Tracy Step Increase Matott, Michael Step Increase McDermott, Patrick Step Increase McEntire, Matthew Step Increase Mitchell, James Step Increase Nunez, Abundio Step Increase Phariss, William Step Increase Phelps, Jerald - Step Increase Schmidt, Jeremiah Step Increase Schoppe, Angie Step Increase Smith, Belinda Step Increase Stewart, David Step Increase Sullivan, Carl Step Increase Ward, Sherrie Step Increase Williams, DeElla Step Increase Williams, Keith Step Increase Williams, Kimbaly Step Increase Zavala, Daniel Step Increase Approved in Commissioners' Court: March 1, 2011: A County Judge's or Commissioner's Signature: • (This Copy to be attached to minutes) Vol. __ _ -- - Pg. DONALD LAMPO CONSTABLE PRECINCT 2 - BRAZOS COUNTY 200 S. TEXAS AVE.,STE. 151 BRYAN TX 77803 -5363 (979)361 -4477 (979)361 -4455 FAX 2010 -11 RACIAL PROFILING REPORT TOTAL NUMBER STOPS 944 Citation Only •1104 Number of motor vehicle stops: Arrest Only Both 38 Warning Only 322 Race or Ethnicity: Race or Ethnicity known prior to stop? Search conducted? Was search consented? African 83 Asian 9 Caucasian 798 Hispanic 45 Middle East 9 Native American TOTAL: 1462 TOTAL: 944 Yes 17 No 927 TOTAL: 944 Yes 100 No 844 TOTAL: 944 Yes 58 No 886 TOTAL: 944 *Total is higher due to multiple citations issued to single driver. Vol. 14 Pg.-- ---� -- Brazos County Office of the Shoff Christopher C. Kirk — Sheriff Michael B. Wilson — Chief De . uty Wayne Dicky — Jail Administrator TO: Honorable County Judge Duane Peters Honorable Commissioner Pct. #1 Lloyd Wassermann Honorable Commissioner Pct. #2 Sammy Catalena Honorable Commissioner Pct. #3 Kenny Mallard Honorable Commissioner Pct. #4 Irma Cauley FROM: Sheriff Chris Kirk DATE: Friday, February 18th, 2010 REF: Reporting requirements for Senate Bill 1074, 77'h Legislature, Racial Profiling. Included with this memo is a copy of the 2010 Racial Profiling Report for the Brazos County Sheriffs Office to the Commissioners Court. The report includes summaries and analysis of the law enforcement contact data compiled by the Brazos County Sheriff's Office deputies for the year of 2010. I also request that you add the following agenda item to the Tuesday, March lst, 2011 Commissioners Court meeting: Acknowledge receipt of the Brazos County Sheriff's Office annual law enforcement contact data report required by the Texas Racial Profiling Law. The only Court action required is to acknowledge receipt of the annual report from Sheriff Kirk NOTE: This report is submitted in compliance with the reporting requirement established in Texas Racial Profiling Law, Article 2.134(b), Chapter 2, Section 1 of the Criminal Code of Procedure. chriskirk@hishsheriff.com 48 1700 Highway 21 West, AP Bryan, Texas 77803 -23004 OFFICE(979)361 -4900 A FAX (979)3614999 ��--- pg. 4 JANU UGH 010 DEctSiL3t , . t!t Pfr" , T.. , ::.—& 't ' •I -> .64,:tN?„,O ,, ' ..A r , .... , .. , ...... ... ...., . e , jin :1 e ? k .. .. .. . r.ifr;* .,,, ' ■ , 1 ,V !•.- AO' 13t, 7,1 TC!1 J.', fl 7L • A D6. 1 ■ pg. 57 BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK MICHAEL B. WILSON, CHIEF DEPUTY WAYNE DICKY, JAIL ADMINISTRATOR 1700 HIGHWAY 21 WEST BRYAN, TEXAS 77803 -1300 Tuesday, February 28, 2011 Since January I, 2002, the Brazos County Sheriffs Office, in accordance with the Texas Racial Profiling Law (S.B. No. 1074), has been collecting police contact data for the purpose of identifying and responding (if necessary) to concerns regarding racial profiling practices. It is my hope that the findings provided in this report will serve as evidence that the Brazos County Sheriffs Office continues to strive towards the goal of maintaining strong relations with the community. In this report, the reader will encounter several sections designed at providing background information on the rationale and objectives of the Texas Racial Profiling Law. Other sections contain information relevant to the institutional policies adopted by the Brazos County Sheriff's Office banishing the practice of racial profiling among its officers. The final components of this report provide statistical data relevant to the public contacts made during the period of January I, 2010 to December 31, 2010. This information has been analyzed and compared to the Department of Public Safety data on motorists residing in the Brazos County area. The analysis of the data and recommendations for future areas of research are also "minded, It is my sincere belief that the results of this report demonstrate that the Brazos County Sheriff's Office is committed to viding fair and equitable law enforcement`for all citizens. Respectfully bmitted, /� l . Christopher C. diitr. e riff OFFICE (979) 361 -4900 4 ADMINISTRATION (979) 361 -4992 NV FAX (979) 3614905 Vo1. 14 if Pg. 5? Law Enforcement Contact Data Annual Report January 1, 2010 - December 31, 2010 Table of Content (I) Introduction a) Opening Statement Outlining Rationale and Objective of Report b) Table of Content c) The Texas Law on Racial Profiling d) Outline of Requirements Introduced by The Texas Racial Profiling Law (II) Background a) Sheriff s Office's General Orders/Procedures b) Report on Inventory/Usage of Video /Audio Equipment in Patrol Vehicles (III) Responding to the Texas Racial Profiling Law a) Implementation of Complaint Process Addressing Allegations of Racial Profiling Practices b) Training Administered to Law Enforcement Personnel c) Tables Depicting Police Contact Information (1/1/10 - 12/31/10). d) Analysis and Interpretation of Data (explain rationale for use of DPS data) e) Report on Complaints (if any) Filed Against Officers for Violating Racial Profiling Policy (includes institutional procedures/corrective action used when responding to racial profiling complaints) (IV) Summary of Findings a) Summary Statement Regarding Findings b) Check List/Contact Information Vol. Pg, 55 Community Partnerships Although the Brazos County Sheriffs Office has always enjoyed from the support of the community, since January 1, 20109, it has made extraordinary efforts to reach out to community leaders. This effort has been well received by the Brazos County community; particularly by members of the minority community. The Brazos County Sheriff's Office has kept the public informed of the traffic contact data collection effort. Further, it plans to present the data analyzed, on or before March 1, 2011, to members of the Commissioners' Court and the Texas Commission on Law Enforcement Officers Standards and Education. This will be done in an effort to keep community leaders informed on the current practices of the Brazos County Sheriff s Office. Vol. 1 1-P1 Pg._ t lo 0 Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity° means �f a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or- - Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or Vol. Pg• appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (8) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter- activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter - activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audib documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b) (6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b) (3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b) (7), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th. Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, Slst Leg., R.S., Ch. 1172, Sec, 25, eff. September 1, 2009. Vol. Pg. S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state. or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian African. Hispanic. Asian. or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. Thepolicv must: (1) clearly define acts - constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; Vol. it'# Pg. 423 (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; ( 6) require collection of information relating to traffic stops in which a citation is issued and to arrests resultintfrom those traffic stops, including information relating to: IA) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search: and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agencv shall examine the feasibility of installing video camera and transmitter- activated eq pment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter- activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a Iaw enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation, (e) A report required under Subsection (b)(7) may not include jdentifying information about a peace officer who makes a traffic stop or about an individual Vol. ___= Pg• who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (W6). (fl On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall Dromptly provide a copy of the recording to the peace officer who is the sublect of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: f 1) a physical description of each person detained as a result of the stop, including: (A) the person's gender, and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, u determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; Vol. /u f Pg. (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; - - (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest, (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative an ysis of the information compiled under Article 2.133 to: peace officers employed by the agen y: and Vol. (A) determine the prevalence of racial profiling by 9 IT Pg. t1P lP 03) examine the disposition of traffic and pedestrian stops made by officers employed by the agency. including searches resulting from the — stops and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for conwiling and reporting information as required by this article. if) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EOUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the ag_encyto make traffic and pedestrian stops is equipped with video camera and transmitter- activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter- activated equipment: and "nl Hy pg. 17 (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio - equipment, as appropriate. is recorded by using the equipment; or (2) the governing body of the county orttunicipality served by the law enforcement agency. in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department: that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection fa)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop. the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reportir}g requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising_from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing fiords or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). including specifyingaa'iteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax Vo1. I Pg. 18 effort, financial hardship, available revenue and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller iurisdictions: and (3) municiiial and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A) the governing body of a county or municipality. in conjunction with the law enforcement agency serving the county or municipality. shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municivalitv.an conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131- 2.I37, SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Vol. -- Pg• (29 Art: 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement - initiated action based on an individual's race. ethnicity. or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (i) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: Id) As a recyirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). Vol. I 1-1q Pg. 70 SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian. African, Hispanic, Asian, or Native American descent. ,(1b The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; L) the plea, the judgment, andwhether bail was forfeited; u [(I] the date of conviction; and (21 [(g)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as Vol. 11/9 Pg. �� added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law _ Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. Vol. 1 9 L Pg. rl a S.B. No. 1074 President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva -voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non -record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non -record vote. Chief Clerk of the House Vol. J 47 Pg. '13 Approved: Date Governor vol. / 41/ Pg. 14 S.B. No. 1074 Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Farh standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear -cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard The article also specifically defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defmas race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. laf4 Vol. Pg. !s Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (aX2) states, "the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department; for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article.2.133 CCP (tier two). 2 of 4 ,,.. q pg. rl% The minimum requirements for "tier one" data for traffic stops in which a citation results me: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American "); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data include: l) the detained person's gender and race or ethnicity; 2) the type of law violation suspected, e.g., hazardous traffic, non - hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non - hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (aX2) TCCPI. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such. equipment. Vol. 3 of 4 44 Pg. 77 Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. Vol. 4 of 4 IN Pg. 78 voi. I 4g Pg.___t1-- BRAZOS COUNTY SHERIFF'S OFFICE GENERAL ORDER: 34 DISTRIBUTION: SUBJECT: I. PURPOSE Patrol In -car Video Cameras The purpose of this General Order is to provide guidelines for the use of in -car video cameras. II. POLICY It is the policy of the Sheriff's Office that the procedures as stated within this General Order are complied with in their entirety. III. INTRODUCTION In-car video cameras are a valuable tool in enforcement and capture critical evidence, which would otherwise be unattainable. In addition to supplying evidence in criminal cases, it also is a source of evidence, which may be used to protect the deputy and the public whom we serve from false accusations. The following procedures are established so that this Office might take full advantage of the potential of in -car video camera use. IV. PROCEDURE A. Vehicles which are equipped with in -car video cameras will activate those cameras on each and every traffic and pedestrian stop. B. Traffic and pedestrian stops shall be recorded in their entirety, including audio. C. The patrol unit / camera should be positioned in such a way as to capture the subject matter of the stop / investigation. D. Camera and audio should be activated on any traffic or pedestrian stop as well as any other time the deputy feels that an audio or video recording would be appropriate. E. All system components shall be tested by the deputy prior to beginning each tour of duty. 1. Any malfunctions in the system shall be reported to the shift sergeant or supervisor. F. Deputies shall carry a sufficient supply of video tapes to complete the tour of duty. G. Video and audio recording components are to be used only for legitimate Sheriffs Office, law enforcement related matters. Vol. 77 pg. t�0 V. DISPOSITION OF VIDEO TAPES A. Traffic Stops: 1. Video tapes from traffic stops will be preserved and submitted to the shift sergeant or supervisor and secured in a location designated by the Sheriff. 2. Tapes will be labeled by date and deputy's name or unit number. 3. Deputies will use one tape per workweek. a. If a DWI or criminal case is recorded on the tape in which case the tape will be placed in evidence and a new tape will be used for the remainder of the workweek. b. If a tape becomes fully recorded, the deputy shall submit the tape to the sergeant or supervisor and shall begin using a new tape and will submit the new tape at the end of the workweek. c. For purposes of this General Order, "new tape" means a tape that has never been used or has been erased and recycled for use 4. Sergeants will maintain a log of traffic stop video tapes listing the date, deputy's name or unit number, and date of expiration for storing the tape. Tapes will be stored in this manner for 90 days. 5. The Day Shift Sergeant will submit a copy of the video tape log each week to the Chief Deputy. B. DWI Cases: 1. All video tapes documenting DWI stops will be properly labeled and secured in the video tape box in the intoxilyzer room. C. Other Criminal Cases: 1. All video tapes used to collect evidentiary information will be properly labeled and submitted into evidence. D. Each week, Shift Sergeants or Supervisors will randomly view video tapes of traffic stops to ensure deputies are conducting themselves appropriately. VI. COMPLAINTS A. If a complaint is made against a deputy for a traffic stop, DWI, or criminal case in which a video tape is made, that video tape shall be stored and kept as evidence until the final disposition of the complaint. This chap include both internal investigation and any possible criminal or civil action. 1. If a complaint is made against a deputy for a case in which a video tape is made, the deputy shall be given a copy of the video tape upon written request by that deputy. This written request shall be made to the Chief Deputy. Vol. !— 1/q Pg. 8' VII. CANCELLATION: This order supersedes any directive or order issued prior to this effective date. VIII. EFFECTIVE DATE: The effective date of this General Order is February 1, 2003. vol Pg 8 a Community Partnerships Although the Brazos County Sheriff's Office has always enjoyed from the support of the community, since January 1, 2010, it has made extraordinary efforts to reach out to community leaders. This effort has been well received by the Brazos County community; particularly by members of the minority community. The Brazos County Sheriff's Office has kept the public informed of the traffic contact data collection effort. Further, it plans to present the data analyzed, on or before March 1, 2011, to members of the Commissioners' Court and the Texas Commission on Law Enforcement Officers Standards and Education. This will be done in an effort to keep community leaders informed on the current practices of the Brazos County Sheriff's Office. Vol. I i`7 Pg. 83 Video Camera Report Currently, the Brazos County Sheriff's Office has in -car video systems in all 22 patrol units. There are also in -car video systems in the two reserve cars used by our Reserve Deputies when they are patrolling. Since these camera systems were installed, all traffic and pedestrian stops capable of' being recorded are recorded in compliance with Senate Bi11 1074. Marked units that are not assigned to normal, daily patrol duties do not have video systems installed. However, any traffic stops made by deputies in these cars have the Racial Profiling form completed and submitted to the Records Division. - - Vol. 1144 Pg.. 3 •Vol. LH- pg. R5 Informing the Public on the Process of Filing a Complaint with The Brazos County Sheriff's Office (I) Educational Campaign: In accordance to Senate Bill I704, the Brazos County Sheriff s Office has made significant efforts to launch an educational campaign aimed at informing the public on issues relevant to the complaint process. Special emphasis has been placed on informing community members on filing a complaint relevant to racial profiling practices. The Brazos County Sheriff's Office appeared on television where community members have been informed on efforts being made by the Sheriff's Office to continue banning racial profiling practices among its deputies. In addition, a series of pamphlets have been made available to the community to help them understand what to do if they feel a deputy has engaged in racial profiling in violation of the laws of this State and the policies of this Office. The attached pamphlet explaining the complaint process has been made available to the public through the Sheriff's Office. The pamphlet explains what acts are considered Racial Profiling and what will happen upon receipt of an allegation against a deputy of racial profiling. This pamphlet is available in both English and Spanish languages. poi. 144 Pg. S Training In compliance with the Texas Racial Profiling Law, the Brazos County Sheriff's Office has asked that all its deputies adhere to all Texas Commission on Law Enforcement Officer Standards and Education ( TCLEOSE) training as mandated by law. All officers from the Brazos County Sheriff's Office have been asked to complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at least two years, will complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003. All deputies have completed this required training. Vol, I4g Pg. 877 CO Tier 1 Data Table 1. General Demographics of Contacts and Searches Race/ Ethnicity' Contacts Citation Issued N % Contacts w/ Arrests Q% Total Searches N % Consent Searches N % Contraband Located N %N% Contraband Located Consent Search Caucasian 247 92 3 75 18 95 6 86 .5 100 4 100 African 27 2 1 25 1 5 fl 14 0 0 0 0 1=111= 5 2 0 0 0 0 0 0 0 0 0 0 Asian 1 4 0 0 0 0 0 0 0 0 0 0 Native American 0 0 0 0 0 0 0 0 0 0 0 0 Middle Eastern Total 0 280 0 100 0 4 0 100 0 19 0 100 0 7 0 100 0 5 0 100 0 4 0 100 ' Race/Ethnicity is defined by Art. 2. 32(3)CCP as being of a 'particular descen , including Caucasian, African, Hispanic, Asian, Native American or Middle Eastern". All custodial arrests listed were the result of a stop; however, some were for warrants instead of the result of a search. 11-14 8g Vol. __! — Pg. (II) Comparative Analysis Table 1. Comparison of Self - Initiated Stops of Residents and DPS Resident Data Race/Ethnicity* Resident Contacts N % DPS N Data % Variance N Caucasian 247 88 113112 75 +13 CIIMMEll 5 2 2685 2 0 African 27 10 18669 12 -2 Asian 1 0 13437 9 - 9 Native American 0 0 288 0 _ 0 Other Total 0 280 0 100 2996 151187 2 100 -2 Race/Ethnicity are defined by Art 2.132(3) CCP as being of a "particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastem ". Vol. —4 —Pg' g9 Analysis The data presented in this report contains valuable information regarding law enforcement contacts with the public between I/1/10 and 12/31/10. Despite its value, the raw data does not present much information relevant to racial profiling trends. Thus, it is felt that further analysis of the data is warranted. As such, data was obtained through the Texas Department of Public Safety (DPS), via a public information request. The data obtained from DPS included the race and gender of drivers in Brazos County during the 2010 calendar year. The decision to obtain DPS data was made since, according to experts, census data presents challenges to any effort made at establishing a fair and accurate analysis. That is, census data contains information of all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a benchmark of comparison, presents the challenge that it captures information related to county residents only. Thus, excluding individuals who may have come in contact with the Brazos County Sheriff's Office, but reside outside the county. This has a tendency of inflating the overall figures; thus, providing an inaccurate representation of law enforcement contacts with the public. Therefore, it is felt that DPS data relevant to county residents, if compared only to the portion of individuals who reside in Brazos County and have come in contact with the Sheriff's Office during a given year, will offer a more accurate representation and provide further insights than other sources including census data. When comparing the county residents who came in contact with the Brazos County Sheriff's Office during 2010 with those who, according to DPS, were residents of the county during that time and held a valid driver's license, the data produced interesting findings. That is, the percentage of law enforcement contacts with White drivers, when compared to the percentage of White county residents who held a valid drivers license, demonstrated that the percentage of contacts with the Sheriff s Office were almost the same; the variance was 13 %. Data shows the there was no difference in the number of Hispanic drivers in Brazos County compared to the number of Hispanics contacted. In addition, when analyzing, in the same manner, the data relevant to individuals of African descent, the percentage for law enforcement contacts were again almost identical to the percentage of drivers of African descent according to DPS's records; the variance was only -2 %. The data relevant to individuals of Asian descent, the percentage for law enforcement contacts were again almost identical to the percentage of drivers of Asian descent according to DPS's records; the variance was -9.0 %. The data relevant to individuals of Native American descent, the percentage for law enforcement contacts were again almost identical to the percentage of drivers of Native American descent according to DPS's records; the variance was 0 %. It should be noted that there were no law enforcement contacts with drivers of Native American 9 D Vol: _ —Pg• descent and that DPS records show that people of Native American descent only make up less than one percent of Brazos County's drivers. The data relevant to individuals of Middle Eastern descent shows that we made no contacts with those individuals. It should be noted that no comparison can be made at this time because DPS does not indicate Middle Eastern as a Race or Ethnicity when collecting and distributing data. The data relevant to individuals of other racial descent shows that there were no contacts with individuals listed as other for racial decent. The population of drivers listed as other for racial decent makes 2 %. This means that our variance is -2% Vol. _ I=mo pg. 9 I Corrective Action It is the policy of the Brazos County Sheriff's Office that any deputy who, after an internal investigation, has been found guilty of engaging in racial profiling, that one of the following series of disciplinary measures is taken (as per the recommendation of the Sheriff): 1) Deputy is retrained in racial sensitivity issues 2) Deputy is suspended and as a condition of further involvement with the Sheriff's Office is asked to undergo racial sensitivity training 2) Deputy is terminated Data on Corrective Action The foliowing table contains data regarding deputies that have been the subject of a complaint, during the time period of 1/1/10 - 12/31/10, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. Check above if the Brazos County Sheriff's Office has not received any complaints, on any members of' its patrol force, for having violated the Texas Racial Profiling Law during the time period of 1/1/10 - 12/31/10. Complaints Filed for Possible Violations of S.R. 1074 (The Texas Racial Profiling Law) Disposition of the Case Complaint No. Alleged Violation Vol. T"I pg. Additional Comments: Vol. 14 q Pg._- =--- Vol. Pg. Summary Statement The findings suggest that the Brazos County Sheriffs Office does not currently experience a problem regarding racial profiling practices. This is supported by the fact that no complaints from community members have been received by the Sheriff's Office regarding officer misconduct associated with racial profiling practices. This is also supported by the number of law enforcement contacts as compared to the DPS data for drivers in Brazos County. Also supporting this is that our percentages by race for contacts has a 9.0% variance or less in each race category when compared with the base line of number of licensed drivers by race in Brazos County as compiled by DPS. The continuing effort to collect law enforcement contact data will assure an on- going evaluation of the Brazos County Sheriff's Office practices. Thus, allowing for the citizens of Brazos County to benefit from professional and courteous service from their Sheriff's Office. Vol.. JT`1 pg. q Checklist (I) The following requirements must be met by all law enforcement agencies in the State of Texas: E Clearly defined act of actions that constitute racial profiling []Statement indicating prohibition of any peace officer . employed by the Brazos County Sheriffs Office from engaging in racial profiling [Implement a process by which an individual may file a complaint regarding racial profiling violations Provide public education related to the complaint process Cplement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law Collect data (Tier 1) that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place C3 Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2011. Adopt a policy, if video /audio equipment is installed, on standards for reviewing video and audio documentation q pg. !6, (II) For additional questions regarding the information presented in this report, please contact: Christopher C. Kirk Brazos County Sheriff 1700 Highway 21 West Bryan, Texas 77803 979 -361 -4900 VoL PR Pg '17