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HomeMy WebLinkAbout2013-02-12-10:00AM-REGULAR MEETINGi f � -U A R: I b NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON FEBRUARY 12, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and/or concerns. 3. Presentation(s) f Consider and take action on agenda items 4 - 22: 4. Proclamation 13-005 declaring February through April as 2013 Arbor Day Season Cele bration 5. [.1 7_ P i ment Authorization to Varlyerae LLC in the amount of $1635.65 Lew Roll p rinting pa per and binding for the Tax Office: these items were not Included In the original purchase order. 8. g, Maintena agreement with L-3 Communications for two (2) County owned X -Ray Scanners. Vol. 17 Pg. !2i 7 BRAZOS COUNTY BRYAN,TEXAS I 10. Award of contract # 2013 -23 Filters with Superior Filtration Products for the purchase o filter: for Building Maintenance, 11. Ap proval of the extension of Contract # 2010-37R Collection of Delinauent and Criminal Court cost 12. Permission to Advertise the following bids: • a. 2013 -32 Motor Grader Blades • b. 2013 -37 Equipment Lubricants . c. 2013.43 Herbicides and Surfactants 13 . Reguls to Miller Uniforms &Em blem ° I In the amount of $623.50 for a body armor vest for Constable Pct 4. State "smart buy" Contract 680 -A1. 14. 15. Conside a nd take action on the ETC utility penult to con st ruct 6 read bore under Old Bundidc Road This Is part of the company's weaver State erolect. Site Is located in Precinct 2. 16. Treasurer's Report for the month of November 2012. 17, Treasurer's Report for the month of December 2012 and quarter ending December 31, 2012. 18. Tax Refund Applications for the following: • a. Sandra Oliver - payment in error - 5608.42 • b Martell 1983 Gift Trust - overpayment- $77.67 • c Fidelity National Title Agency Inc. - overpayment -42510.37 • d. Donald K. Sewell - overpayment - 51655.23 • e. Brant J & Angela K Malsk- overpayment - $322 29 19. Commissioners Court minutes for the following dates: e • January 29, 2013 - Regular Meetln • January 8 2013 - Regular Meeting b • January 11. 2013 - Speclel Meetlni (� • January 15, 2013 - Regular Meetln d • January 22, 2013 - Regular Meetln 20. Budget Amendments. Budget Amendments FY 1211319.1 thru 19.3 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23, Acknowledgement of 2012 Racial Profiling Report for the Sherfff's_Office, 24. Monthly Reports for the month of January 2013, 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. Vol. 17-l' Pg.,, 2 jo i 27. Call for Citizen input and /or concerns. 28. Adjourn. i Vol. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are Invited to submit comments In writing an the agenda items andlor 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 t 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 Ow Texas Local Government Code. Accordingly, members of the public In attendance at any Regular. Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum In speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves In an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Chation. It is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is It the Intention of the Court to allow a member (or members) of the public to Insult the honesty and/or Integrity of the Court, as a body, or any member or members of the Court, or County employees, Individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result In the following sanctions: t, cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Cltation; andlor 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 property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting law does not expressly prohibit responses to public comments by the Commissioners Court However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy In response to an Inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the Invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible, Handicap parking spaces are available. Arty request for sign Interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. l �.� Pg.0 —� - ry �� BRAZOS COUNTY BRYAN,TEXAS NOTICE OF ADDENDUM is �U • �U ~ t t ._ JJ BRAZOS COUNTY COMMISSIONERS COURT In addition to the special called session, the Commissioners Court will consider and take action on the following item(s): MEETING February 12, 2013 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas '1• ,. -I.'t� 1 -II •� 'I • I. 1 . 1 1 l' ll.� 1 _.•� 1•. I 1.1 =i,.1 �. -1\ - t -:IIiY � t-. _:. Il '. ,.'1 I Lt 'I �1,�. I � 111 1,11 The Canmb"W's C rata of the Count' m Adnbnuo in Building, 200 SouM Tease Avernus, Suib 106• fAyw, T"m is whedduir soce"N Ia. allp Hon*ap par spaces am ava Mis. Any request b sign Interpretive semian must be mwe rwo mdurq dare help der area frq, To rosin errengemasa, plesw GO (678) 361.102. Vol. / 7 Pg.A 33 I MINUTES February 12, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Paae.pdf File Stamped Aaendamcif File Stamped Addendum.pdf Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, February 12, 2013 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. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. There was no citizens' input. 3. Presentation(s) F VO Pg. oZ3 BRAZOS COUNTY BRYANJEXAS Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2012 through December 31, 2012. 0 Item 3.pdf The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. Consider and take action on agenda items 4 - 22: 4. Proclamation 13 -005 declaring February through April as 2013 Arbor Day Season Celebration. Item 4.pdf The County Judge read aloud the proclamation declaring February through April as Arbor Day Season Celebration. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 5. Out of state travel request for Billy Melzow, Information Technology Department to attend CoLab 2013, a Voice Over IP conference and training in Boston, Massachusetts. Dates of travel are March 10 -13, 2013. Item 5.pdf Commissioner Cauley asked that this be skipped until Mr. Eric Caldwell arrives. The County Judge proceeded considering the items on the agenda. Having arrived for the meeting Eric Caldwell, CIO Information Technology Department asked that this item be removed from the agenda to allow his department to spend the funds to bring someone here to teach the class. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 6. Request from the Information Technology Department to donate old computer hardware to the Brazos Valley Community Action Agency, in lieu of sending it to auction. Brazos County will donate 26 PCs, keyboards, and mice. Item 6.pdf There was considerable discussion as to the legality of the request. No vote was taken until Civil Counsel, Bill Ballard obtained a copy of the statute and brought it back to court. In the meantime the court proceeded to consider the next agenda items. Having considered agenda items 7 through 22 and upon the return of Mr. Ballard, the County Judge then resumed consideration of this item. Mr. Ballard read aloud Section 263.152 Local Government Code outlining the criteria that must be met in order for the items to be donated to the Brazos Valley Community Action Agency. The County Judge stated that he was concerned if donating them would be more practical and cost effective rather than selling them at auction. Charles Wendt, Purchasing Agent referred to two auctions. One in August of 2012 a single computer received a bid of $5 whereas in January of 2013 they received $700 for computers. He stated that he did not know how many computers were in the lot but that a single item received a bid of $350. He did say that this could have been a large group of laptops sold as one item. He continued saying Fig. it was likely that a bid would not pay for the time that Purchasing spends on the auction and the advertising costs. The County Judge stated that if we are able to consider selling computers alone then yes he agrees that it would cost less. He questioned if we must consider costs in selling along with other items as is typically done. Mr. Ballard proceeded to poll the members of the court on the following questions: • a. Undertaking to sell the property under Subdivision (1) would likely result in a bid price that is less than the county's expenses required for the bid process; • b. The donation serves a public purpose; • c. The organization will provide the county with adequate consideration, such as relieving the county of transportation disposal expenses related to the property. The Commissioners, when polled individually on each item all voted yes. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 7. Payment Authorization to Variverge LLC in the amount of $1635.65 Levy Roll printing, paper and binding for the Tax Office; these items were not included in the original purchase order. LD Item 7.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 8. Subcontract Agreement with the Heart of Texas Regional Advisory Council (HOTRAC) for funding and training through the Office of Assistant Secretary of Preparedness and Response (OASPR) Disaster Preparedness Hospital Planning Program. Item 8.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 9. Maintenance agreement with L -3 Communications for two (2) County owned X -Ray Scanners. Item 9.odf Term of the contract is for one year beginning February 3, 2013 through February 2 2014. The cost to Brazos County will be $8,238.00. A copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Award of Contract # 2013 -23 Filters with Superior Filtration Products for the purchase of filters for Building Maintenance. ED Item 10.odf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . '� Vol. _� pg. !?3� 11. Approval of the extension of Contract # 2010 -37R Collection of Delinquent and Criminal Court costs Fines and Fees with McCreary, Veselka Bragg and Allen in order for the Brazos County Purchasing and Civil Department to finalize contract negotiations for the award of Contract # 2013 -10. Item 11.pdf The extension of the contract was approved as submitted with all terms, conditions, and pricing remaining the same. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 12. Permission to Advertise the following bids: Item 12.pdf • a. 2013 -32 Motor Grader Blades • b. 2013 -37 Equipment Lubricants • c. 2013 -43 Herbicides and Surfactants Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 13. Requisition #00041561 to Miller Uniforms &amp; Emblems, Inc. in the amount of $623.50 for a body armor vest for Constable Pct 4. State "smart buy" Contract 680 -A1. Item 13.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Request permission to enter private property owned by J.C. and Teri Thompson located on South Dowling Road. Project will collect survey and topographical information for drainage study along Hopes Creek and its associated tributaries. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. 0 Item 14.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Consider and take action on the ETC utility permit to construct 6.625" road bore under Old Bundick Road. This is part of the company's Weaver State project. Site is located in Precinct 2. Item 15.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 16. Treasurer's Report for the month of November 2012. Item 16.pdf The Court received, and ordered filed as submitted the Treasurer's report for November 2012. A copy is attached to and made a part of these minutes. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner r Vol. - �� -3 - -- pg. - A37 Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 17. Treasurer's Report for the month of December 2012 and quarter ending December 31, 2012. Item 17.pdf The Court received, and ordered filed as submitted the Treasurer's report for December 2012 and the Quarter Ending December 31, 2012 Report. A copy of each is attached to and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 18. Tax Refund Applications for the following: Item 18.pdf • a. Sandra Oliver - payment in error - $608.42 • b. Martell 1983 Gift Trust - overpayment - $77.67 • c. Fidelity National Title Agency Inc.- overpayment - $2510.37 • d. Donald K. Sewell- overpayment - $1655.23 • e. Brant J. & Angela K. Malek- overpayment - $322.29 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 19. Commissioners Court minutes for the following dates: • January 8, 2013 - Regular Meeting • January 11, 2013 - Special Meeting • January 15, 2013 - Regular Meeting • January 22, 2013 - Regular Meeting • January 29, 2013 - Regular Meeting Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 20. Budget Amendments. Budget Amendments FY 12/13 19.1 thru 19.3 Item 20.pdf 19.1 To set up JAG 2012 budget 19.2 Reallocate funds for TJPC -C -Comm. Reduction and Juvenile Service- Detention 19.3 Reallocate funds for 85th District Court Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Personnel Change of Status. Personnel Action Forms Vol. _ Pg. 9 J;Y I Item 21.pdf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 22. Payment of Claims. Claims Sheet.pdf LED BILL LIST 02.12.13.pdf Addendum 2.pdf 7106899 through 7107148 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . At this point the County Judge considered an Addendum to the agenda that was Proclamation 12 -006 - 2013 Walk Across Texas. The Proclamation was tabled at the request of the organization. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . The County Judge then considered the second item on the Addendum which was Order 13 -001 ordering an audit of Emergency Service District No. 4. This item was approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 23. Acknowledgement of 2012 Racial Profiling Report for the Sheriff's Office. 0 item 23.pdf The Court acknowledged receipt of the 2012 Racial Profiling Report for the Sheriff's Office. 24. Monthly Reports for the month of January 2013. D item 24.pdf The Court acknowledged receipt of the Extension Service reports received in January 2013 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Vol. 7 Pg.3y'� Constable Precinct 3 Constable Precinct 4 Road & Bridge 25. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 559 inmates in jail, 58 have electronic monitors and 9 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and /or concerns. Commissioner Mallard reported that he and Commissioner Cauley had traveled to Austin with the Chamber of Commerce to participate in the Legislative Action Plan. 28. Agency/ Board/ Committee reports by Court members. There were no agency /board /committee reports. 29. Adjourn. Vol. F g. % _ The foregoing minutes of the Commissioners Court meeting held February 12, 2013 have been examined and are approved in open Court this 5 day of M arsh , 2013, in Bryan, Brazos County, Texas. Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Commissioner, Attest: Karen McQueen County Clerk Vol �,��' Page ,2 BRAZOS COUNTY COMMISSIONERS COURT Meeting an F6 (uAr 1 i4 /z, v� ` �- 1 'a) - 2,° m liln�'II� F., Name Organization / Department � Kr' - . 0 4 e QAA Y V V r • 1 ` l xl� 1 PAGE of Vol, __ l 7S pg. s 1 ,.0 / GYA": Arbor Day was first observed in Nebraska in 1872; and i �.• Temple, Texas first proposed an Arbor Day resolution in 1889, resulting in the state enacting a law designating the last Friday in April as Texas Arbor Day; and Gem: Arbor Day is now observed across the nation and around the world; and GX"' : trees reduce the erosion of our precious topsoil by wind and water, reducing heating and cooling costs, moderate temperatures, clean the air, ,produce oxygen and provide habitat for wildlife; and �• trees are a renewable resource, giving us wood for our homes, fuel for our fires, paper and countless other wood products. Additionally, trees enhance property values and economic vitality, and beautify our community; and Keep Brazos Beautiful- in partnership with Brazos County and the City of College Station and ' Bry. an Parks and Recreation Departments - will continue to plant trees donated 'through Keep Brazos Beautiful Memorial Trees Program to honor and memorialize special loved ones. In addition, nearly 100 trees will be donated to local 'schools, parks, Aggie Replant, Habitat for Humanity and other civic organizations of KBB'S Tree Beautification effort; and the A & M Garden Club and other Brazos County gardening groups encourage our community to plant trees. 9%Q NAOM I, Jason P. Bienski, as Mayor of the City of Bryan, and I, Nancy Berry as Mayor. of the City of College Station, and I, Duane Peters, as Brazos County Judge,,-herby proclaim February through April as: 2013 ARBOR DAY SEASON CELEBRATION in our communities, and `urge all citizens to celebrate Arbor Day and to support efforts to plant, care for,' and":protect our trees throughout the year. Further, we urge all citizens to plant trees to gladden the heart and promote the well -being of this and future generations. CITY .OF BRYAN ~ Jason P. Bienski, Mayor CITY OF COLLEGE STATION BRAZOS CO Nancy F. Berry, Mayor Duane Peters, Coun'IyJudgi Vol. / X3 pg. 1711�3 SUBCONTRACT AGREEMENT BETWEEN Heart of Texas Regional Advisory Council ( HOTRAC) 3000 Herring Avenue, Waco, TX 76708 (254) 202 -8740 fax (254) 202 -8749 Entity Name: Mailing Address: - Jon � , 7e 5 (Vye , S 33� T� n Contact Name: 1/l MP, P . 1 64&ontact Phone: — L HQP REGARDING OASPR/CDC HOSPITAL PREPAREDNESS PROGRAM (HPP) CONTHOTRACT EFFECTIVE DATE: July 1, 2012 CONTHOTRACT END DATE: June 30, 2013 Purpose: This agreement is to facilitate development of a coordinated regional medical response plan for disaster preparedness efforts that meets the Office of Assistant Secretary of Preparedness and Response ( OASPR) and the Center for Disease Control (CDC) requirements and ensures ability, and adequately addresses the health/medical needs of the population of the Brazos Valley Region in the event of any mass casualty situation. Agreed HOTRAC Responsibilities: 1. Administer OASPR/CDC grant program for the Brazos Valley Region. 2. Provide guidance to the preparedness stakeholders regarding the development and implementation of the OASPR/CDC Healthcare Preparedness Capabilities. 3. Disseminate information from Texas Department of State Health Services (DSHS), Public Health, Emergency Planning Groups, First Responders, etc., to regional hospitals in a timely manner to facilitate hospital and regional medical plan development. 4. Initiate purchase and dissemination of equipment as instructed by the Emergency Preparedness & Response Committee (EPRC) and approved by the HOTRAC Board of Directors. 5. Ensure compliance with the DSHS HPP contract. 6. Notify all entities of meeting dates, times, locations, at least two weeks prior to scheduled meetings. 7. Maintain confidentially of proprietary information and after action reports and corrective action plans. Agreed Entity Responsibilities: Entity agrees to comply with the EPR Committee Expenditure Plan and required guidelines of the FYI 3BP1 OASPR/CDC Federal Hospital Preparedness Program Grant as follows: 1. Maintains compliance with the National Incident Management Systems (NIMS). 2. Participate in the evaluation, planning, and implementation of all eight (8) OASPR Healthcare Preparedness Capabilities as pertains to your entity and the Region. 3. Participate in Regional Healthcare Hazard Vulnerability Assessment & baseline assessment of the eight (8) Healthcare Preparedness Capabilities. 4. Participate in the regional interoperable communications system(s). 5. Participate in the use of the State ESAR -VHP system, WebEOC, and EMSystems (EMTrack, EMResource, & HICS), where applicable. 6. Participate in the development of a Regional Emergency Healthcare System Wide All Hazards Plan. 7. Participate in the maintenance of the Texas Emergency Medical Task Force (EMTF) project. 8. Continue to enhance security. 9. Participate in regional training, exercises and corrective actions; provide copies of entity after action reports within 45 days following completion of exercise. Vol. TJ P9. re v 10. Participate in medical planning for at -risk populations including nursing homes and hospice agencies. 11. Agree to participate (when available) in all actual emergency response activities in the Region. 12. Agrees to properly store, monitor and maintain all equipment purchased with OASPR/CDC funds, to provide required training, and submit documentation to the HOTRAC annually or as requested. 13. Agrees not to move equipment or supplies without written permission of the HOTRAC. 14. Provides access upon request to HOTRAC, state and federal audit of equipment, expenditures, training records, etc. IS. Must attend 75% of the EPR Committee meetings via in person, on conference call, or video conferencing when available. Additionally, if entity is a Hospital Preparedness Program Participating Facility, the facility must: 1. Continue to maintain a minimum level of preparedness of PPE (12 -level C complete suits/PAPRs) and decontamination capability. 2. Continues to expand Medical Surge and Isolation Capacity; manage a surge capacity of 10 % -20% above the daily- staffed bed average. 3. Participate in the approved, bed tracking system (EMResource). 4. Maintain an updated Facility Fatality Management Plan and Facility 3 -tier Evacuation Plan. 5. Plans to receive patients that are appropriate for classification and capabilities. If entity chooses to no longer participate in this program, the entity must provide such intent in writing to HOTRAC. Should this occur, the entity may he asked to return any and all items purchased during the history of the HRSA/OASPR/CDC Hospital Preparedness Program. This document reflects a sub - contract to participate in the OASPR/CDC Hospital Preparedness Program. In addition, I and d that our enti maybe subject to federal A -133 audits for expenditures of the OSAPR funds. roa CEO /Administrator Date Signed (EPR Committee Representative) Signed (HOTRAC Executive Director) Date Date Vol. / J"_ pg. o? `.7 communications s"imny 6 5wocdon systsms MD. BILLING & SHIPPING ADDRESS: Ms. Leslie Williams Brazos County Auditors Office PO Box 914 Bryan, TX 77803 979 - 361 -4294 Iwi I lia m sCa� brazoscou ntytx. qoy 2 PROPOSAL NO: S -02 -03 -2013 DATE OF PROPOSAL: 02/06/2013 PROPOSAL VALID FOR: 45 DAYS ATTACHMENTS: 8100 - 11901 -00 and 8100- 11902 -00 SELECT SCHEDULE ANNUAL EQUIPMENT MAINTENANCE CONTRACT PROPOSAL SCHEDULE OF SERVICES PROVIDED UNDER THIS CONTRACT: • All necessary repair parts and freight related expenses • Regular (Monday- Friday, 8:00am- 5:00pm) labor hours for remedial maintenance • Regular (Monday- Friday, 8:00am- 5:00pm) travel time to and from the equipment site • Airfare and Per Diem expenses as required per scope of repairs. • One annual preventative maintenance inspection per x -ray system * • One annual radiation safety survey and preparation of performance report per x -ray system • Additional services are available upon request at time and materials rates * Note: Metal Detectors do not receive preventative maintenance or radiation survey services. COVERAGE PERIOD February 3, 2013 through February 2, 2014 PAYMENT TERMS Annual billing, in Advance, payment net 30 days after delivery of Seller invoice ACCEPTED FORMS OF PAYMENT Business check, Wire Transfer, Credit Card CONTRACT TERMS AND CONDITIONS AND STATEMENT OF WORK: The terms and conditions and statement of work governing this contract are detailed on attached documents 8100 - 11901 -00 and 8100 - 11902 -00 herein. These seller terns and conditions shall take precedence over any and all others incorporated by the Buyer. EQUIPMENT TO BE SERVICED UNDER THIS CONTRACT: Item Model Serial Unit Price Pro -Rated Shipping Location Number Number 1 PX6.4 PX64794 $4,700.00 No 300 East 26 Street, Suite 116F, Bryan, TX 77803 2 PX5.3 PX5300441 $3,538.00* Yes = 315 Days 3030 East 29 Street, Suite 113, Bryan, TX 77802 * Pricing for PX5.3 unit is based on 2013 annual rate of $4,100.00 then pro -rated for a reduced term of three hundred fifteen (315) days. This unit is covered by the original factory warranty until March 24, 2013. TOTAL ANNUAL PRICE: $8,238.00 plus tax if applicable -See document no. 8100 - 11901 -00, clause no. ten (10) for details. Please reference proposal no. S -02 -03 -2013, unit serial number(s) and period of perfonnance on your purchase order. If you do not issue purchase orders, by signing this document, you have acknowledged our proposal and agreed to enter into a maintenance contract with L -3 Communications Security and Detection Systems, Inc. This document will serve as a purchase order. We will respond via fax, mail, or e-mail with your Contract ID for your records. Contact Marianne Komeski concerning order placement via Phone: 781 - 970 -1660 -or- e-mail marianne.komeski(&L- 3com.com BUYER PURCHASE ORDER NUMBER: AUTHORIZED SIGNATURE REQUIRED: BRAZOS COUNTY: Pe ' Signai D. CONTRACT ID: L -3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS, IN Name: Marianne Komeski Title: Sales P. Service Administrator Signature: � � !t'►u�tlt Date: February 6 2013 10E Commerce Way, Woburn, MAO 1801 Phone: 781- 970 -1660 Fax: 781- 939 -3949 Pro 24x7 Customer Service 800- 776 -3031 0 J communications SxuAty a Delectivrt syewms Inc. ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT TERMS AND CONDITIONS Document No. 8100 - 11901 -00 1 Cross Indemnification: L -3 Communications Security and Detection Systems Inc., hereinafter referred to as Seller, shall indemnify, defend and hold Buyer harmless from and against any losses, damages, expenses, liabilities, and costs arising out of the negligence of Seller, its employees, or agents in performing services under this Agreement. Buyer shall indemnify, defend and hold Seller harmless from and against any losses, damages, expenses, liabilities, and costs arising out of the negligence of Buyer, its employees, or agents with respect to the use or operation of the System. 2. Cancellation during the contract period if Buyer cancels this Agreement pursuant to Section three (3) or if newly purchased equipment supplied by Seller replaces the equipment under this contract, Buyer may cancel this contract without charge by giving written notice to Seller. In the case of a cancellation for any other reason, Buyer must provide Seller ninety (90) days' prior written notice of cancellation or pay Seller 25% of any remaining annual contract fee as liquidated damages. Seller also reserves the right to cancel this Agreement without penalty if Buyer is in default and fails to cure within 30 days following receipt of written notice of default. 3. Cancellation for cause: Buyer retains the right to cancel this contract immediately and without advance notice to Seller should Seller's services be unsatisfactory in quality or should Seller fad to perform in accordance with the statement of services for any reason within Seller's control. In the event of such cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written cancellation notice. 4. LIMITATION OF LIABILITY: REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL SELLER BE LIABLE FOR (i) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ORDER, THE FURNISHING OF PRODUCTS AND SERVICES OR THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, EVEN IF INFORMED OF SUCH DAMAGES, OR (ii) FOR ANY THIRD PARTY CLAIMS AGAINST CUSTOMER. SELLER'S MAXIMUM LIABILITY UNDER ANY ORDER, INCLUDING LIABILITY ARISING OUT OF PRODUCTS DELIVERED, SERVICES PERFORMED OR FROM SELLER'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, WILL BE LIMITED TO THE AMOUNT PAID TO SELLER FOR THE PRODUCTS AND /OR SERVICES GIVING RISE TO THE CLAIM. 5. Alterations: Buyer shall have the right to request that systems be returned to service coverage on a pro -rated basis. Prior to systems being returned to service coverage all systems are subject to billable pre - inspection services to be performed by the Seller. The Seller's prevailing standard service rates shall be used to calculate the pre - inspection services. 6. Software: Unless otherwise expressly agreed in writing to the contrary, all technical specifications, software, technical information, source code, drawings, and /or Data provided to Buyer by the Seller, or used by the Seller in updating, upgrading or performing repairs to the Buyer's equipment, shall remain the sole property of the Seller. Any use of said data and software shall constitute use under a limited use license only. This License is expressly limited to the functionality of individual items of L -3 equipment previously purchased by the Buyer. 7. Exclusions: Contractual coverage shall not apply to any equipment, spare parts, or services that are: (a) repaired, moved or modified other than by Seller's authorized personnel; or (b) subjected to physical or electrical abuse, stress, or misuse; or (c) stored, operated, modified, or maintained in a manner inconsistent with applicable Seller instructions and specifications. No third party agents, regardless of affiliation or former affiliation with Seller, retain the rights to perform service actions under this contract. Also excluded from this contract are parts, materials, and other ancillary equipment which have been damaged due to improper handling; power surges, exposure to the elements of extreme heat, extreme cold, moisture; acts of nature such as rain, sleet ,snow, earthquakes, lightening, hurricane, etc.; equipment failures resulting from installation or operation or use in any manner not in accordance with Seiler instructions; failures resulting from installation or operation or use in any manner not in accordance with Seiler instructions; equipment damage due to misuse or abuse (through negligence, accident, or vandalism); erroneous reports by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval of Seller. 8 Accessories and Attachments: Service actions performed by Seller under this contract will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by Seller; painting or refinishing of equipment or providing such painting or refinishing materials, or furnishing supplies, accessories, or other similar devices except as specifically required for equipment repair or maintenance. 9 Special Cancellation: The specific equipment covered by this contract shall be serviced as needed and all required spare parts shall be provided unless stock is no longer available due to end of life issues. Seller shall make a best commercial effort to support this equipment during the contractual period and make provisions for end of life parts. Should services be required and spare parts are no longer available, Seller shalt make a best commercial effort to render Buyer's equipment back into operating condition. If Seiler is unable to bring the up to operating condition, the affected equipment shall then be removed from the remainder of the contract and a pro -rated credit for the balance of the present contract term shall be issued. Credits shall be sent out within thirty (30) days of cancellation. Also, the affected equipment shall not be included in future contract renewals or during any remaining optional years 10. Taxes: This quotation does not include taxes. Taxes levied against L -3 as a result of products offered or sold hereunder and any services rendered in connection therewith, including but not limited to installation or maintenance would be additional cost and shall be reimbursable by Purchaser upon submittal of supporting documentation of such costs. 11. Acceptance of Buver's Terms and Conditions: Any resultant Contract/Purchase Order with Terms and Conditions other than these shall not be accepted without notice provided to Buyer accepting all or a portion of the Buyer's Terms and Conditions. Estimates are calculated under these Terms and Conditions and pricing may change for compliance with alternative Terms and Conditions as well as the schedule. 9 -3949 Serve ^^'" ^'Q 5D50L -3COM corn zaxr %luacurnur ao� t0E Commerce Way, Woburn, MA 01801 Phone 781 - 970 -1660 Fax: 781- 93 '' �i�o ova communications Seewrty & Deloco" syslomslnc. ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT STATEMENT OF WORK Document No. 8100 - 11902 -00 1. Response Time L -3 Communications Security and Detection Systems Inc., hereinafter referred to as Seller, will provide response as soon as possible to requests for equipment service from Buyer's authorized representative 8 -hour Seller response time will be typical in geographical locations where Seller has resident service engineers. 24 -hour Seller response time will be typical in geographical locations where Seller does not have resident service engineers. Seller does not warrant that the use of equipment will be uninterrupted or error free. 2. Seller Responsibilities As applicable to the specific maintenance contract schedule, service actions performed by Seller will include all parts, materials, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturer's specifications. Seller will not perform any modifications to the equipment without Buyer's written approval. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyer's normal operations. Upon the completion of service, Seller will leave Buyer's premises in as neat, orderly, and clean condition as existed upon start of services Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this contract. Seller will not transfer or assign its obligations under this contract, either in whole or in part, without the prior written approval of Buyer. 3. Buyer Resoonslbilities Buyer will provide adequate facilities for Seller's personnel. The facilities will include adequate workspace, heat, lighting, ventilation, proper electrical current, and earth grounded electrical outlets. The facilities will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cost to Seller Seller will not be responsible for Buyer's failure to provide prompt access to the equipment or to adequate facilities. 4. Additional Services Upon agreement between Buyer and Seller, Seller may perform additional services beyond Seller's obligations under this contract Such services may include, but are not limited to, equipment installation, relocation, and re- installation. All such services, when performed, will be invoiced to Buyer in accordance with Seller's prevailing standard service rate schedule. 5. Service Call Report 1SCR) Upon completion of service. Seller's service engineer will submit the SCR to Buyer's authorized representative. The SCR will itemize the service actions performed. Buyer's authorized representative will be provided with a copy of the completed and signed SCR Should Buyer fail to have an authorized representative on site for any reason upon completion of Sellers services, the lack of Buyer's authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 6. Spare Parts and Materials: All spare parts and materials provided and or replaced by the Seller, regardless if they are new; factory refurbished, rebuilt, restored, renovated or reconditioned, shall be warranted for ninety (90) days from the date of installation Seller reserves the right to use Like - Kind - Quality spare parts and materials including new, factory refurbished, rebuilt, restored, renovated or reconditioned items. Any use of alternate spare parts and materials shall have no effect on the Form, Fit, and Function of said parts and materials and shall be warranted for ninety (90) days from the date of installation, or the remaining life of the contract, whichever is longer. 7. Annual Preventative Maintenance for X -ray Systems: Listed below are the procedures that our technicians perform during the annual contract period. ANNUAL PREVENTATIVE MAINTENANCE FOR X -RAY SYSTEMS VISUAL AND MECHANICAL: . Vacuum system interior and exterior • Inspect conveyor rollers • Inspect condition of conveyor belt and lacing • Adjust conveyor belt tension and tracking • Inspect condition of x -ray sensor dust shields • Inspect for x -ray generator oil leakage • Align and clean optical sense modules • Test indicator lamps for proper operation OPERATIONAL SAFETY: • Inspect AC line cord for damage and test for proper grounding • Inspect finger guards and /or pop out rollers for damage • Verify conveyor under panels are securely attached • Test emergency stop switches ELECTRONIC: • Adjust x -ray tube voltage and current • Test operator control panel functions • Adjust monitors • Inspect conveyor relays • Adjust power supply voltages • Collimate x -ray beam • Verify x -ray image quality & resolution RADIATION SAFETY: • Measure radiation dose per inspection (annual),test all safety interlocks for proper operation • Measure external radiation emissions (annual) • Test all "x -ray on" indicators for proper operation • Inspect condition of lead curtains • Inspect operator footmat for condition and test for proper operation Vci. /7.l F-9-19474t i -- 1 0E Commerce Way, Woburn, MAO 1801 Phone: 781-970-1660 Fax: 781-939-3949 ServieeContracts SDSrtL -3com cbm 207 Customer Service 800 - 776.3031 communications Sacumy & tTWw systsmalnc. Payment / Remittance Information Please Update Your Records Correspondence and PO Address *: L -3 Communications Security and Detection Systems, Inc. 10E Commerce Way Woburn, MA 01801 Check Remittance Address: L -3 Communications Security and Detection Systems, Inc. 21867 Network Place Chicago, IL 60673 — 1218 5 * This address must be listed as the vendor address on your PO. Purchase Orders and other correspondence (EXCLUDING PAYMENTS) should be sent to Woburn, MA PLEASE BE SURE TO NOTE INVOICE REMITTANCE INFORMATION ON ALL PAYMENTS Checks Via Courier: UPS /Federal Express JP Morgan Chase Bank, N.A. Attn: L -3 Communications Security and Detection Systems, Inc. Lock Box No. 21867 131 S. Dearborn - 6 Floor Chicago, IL 60603 EFTMire Transfers: JP Morgan Chase Bank, NA One Bank One Plaza 2 S Dearborn Chicago, IL 60670 L -3 Communications Security and Detection Systems, Inc. Account Name: Account Number: 656511029 ABA/Routing Number: 071000013 Swift Code: CHASUS33 F.I.D. Number: 04- 3054475 DUNS Number: 112753194 CAGE CODE: 1VGC6 Vol. / 7✓r Pcg. 'P�9 1 of commerce Way, Wobum, MA 01801 Phone: 781-970-1660 Fax. 781-939-3949 Servi rpntracts SDS(�L -300m com 24x7 Customer Service 800- 776.3031 FILTERS FOR BUILDING MAINTENANCE ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2013 -23 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 361 -4294 GENERAL REOUIREMENT FOR CONTRACT I, L60ic Paaklo as a duly authorized representative of SCE xyi r �m(j[.L S "Contract ' willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and /or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. Vol. _ -_�7. Pg. ?'Sv SOQ Continuation Sheet SOQ Request No. 2013 -23 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and /or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and /or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. E / 7.� Fg. - SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -23 Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing /Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. E 01 _ / 7. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase specifications shall be held invalid, such holding shall not of requirements and the specifications and it is hereby declared tha t been included in these requirements and the specifications as omitted. SOQ Request No. 2013 -23 Page 4 of 7 Pages or word of these requirements or the fect the remaining portions of these such remaining portions would have though the invalid portion had been SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and /or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Public Liability Insurance propelled vehicles used in connection Waiver of subrogation is required. SOQ Request No. 2013 -23 Page 5 of 7 Pages with a $ 500,000 Combined Single Limit, in all self - with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and /or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 1.7 Pg • _, SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR Phone Number: Billing Info: ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. SOQ Request No. 2013 -23 Page 6 of 7 Pages pg . _._. SOQ Continuation Sheet SOQ Request No. 2013 -23 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees_ The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provi ns and speci ations of this contract. Signed By: Title: Typed Name: Company Named Email Address: e, Mailing Address: .. r-- e off P. O. Box or Street City State Zip Employer Identification Number : Social Security Number: App oved Commission s Court on this day of 2012 by g the position of u V01, 17 Pg SUPEFIL -01 _ _KBEAL ACORL7 � DATE IMM/DDIYYYY) _ C OF LI ABILITY B_ILIT_Y____ INSURANC _ 11120/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISD CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES f BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIC HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). -- - -- PRODUCE CONTACT Beehive Insurance Agency PHONE PO Box 571431 a9!c,�q, E,,:(801) e 685 -6860 - - -- "- " 1- F ^ X 8Q1 6 - 289 9 "" _. (A/C, No):..(801) Murray, UT 84157 -1431 E -MAIL - — - - -" - " ADDRESS: INSURE%SJAF CO VERAGE NAIC INSURER A: Hartford Casualty_ Insurance 29424" INSURED -- - - --- -- - -- - -- -- - - -'- -- - -' -_ -� INSURER B Workers C omp. F und of Utah 10033 SUPERIOR FILTRATION PRODUCTS INSURER C: - -- _ -- -_ - - -- 1 160 North 400 West INSURER D: j North Salt Lake, UT 84054 -- INSURER E : 1 INSURER F : COVER NUMBER: _ _ _ _ _ REVISI ON NUM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN' ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY _ PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SU CH POLICIES. LIMITS SHOWN MAY HA BE EN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE YID POLICY EFF _ _ POLICY NUMBER_ _ —_ - -- - (MM/DD/YYYY), . M( MIDDY M -_ -_ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,DOO,000 A X COMMERCIAL GENERAL LIABILITY 34SBAV 2/5!2012 2/5/2013 OAMAGE l PREnrSE ren S (Ea occurce) _$ 300,0 CLAIMS -MADE �X _I OCCUR ME_D E XP (Any one person) — $ 1 0,00 PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,000 GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG_ J _$ 4,000,00 POLICY � PRO- u LO _ _ I $ --- -_ __ --- JECT_ ._ _ _ _ _ _ AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT ANY AUTO _(Ea acclden� _ BODILY INJURY (Per person) $ - - - -� ALL OWNED ( SCHEDULED -'--'-- -- - - - - -- - - - - - -- AUTOS I— AUTOS BODILY INJURY (Per accident) - NON PROPERTY DAM AGE HIRED AUTOS .." AUTOS i ' (PER ACCIDENT)__ `_ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXC ESS -- LIAB CLAIMS -MADE AGGREGATE El $ DED RETE $ $ WORKERS COMPENSATION WC STATU- OTH -I AND EMPLOYERS' LIABILITY — .TO.RYLIMff5- ER ___ ____ _ { { B ANY PROPRIETORIPARTNERIEXECUTIVE Y / N 2973786 10/2/2012 10/212013 ". L. EACH ACCIDENT $ 1,000,0001 OFFICER/MEmaER EXCLUDED? D NIA — _- ,- _ —.._— _ — — (M yes, dand If yes, under in E1 DISEASE _ EA EMPLOY $ 1,000 000 � - _ - -- .— - --- - _ _ - - -- � DESCRIPTION OF OPERATIONS belo E.L. DISEASE _ POLICY LIMIT $ 1,000,000 - T I I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Addlllonal Remarks Schedule, If more space Is required) - CERTIFICATE HOLDER —__ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brazos County Purchasing Dept: THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Brazos County Courthouse ACCORDANCE WITH THE POLICY PROVISIONS. 200 South Texas Ave #351 Bryan, TX 77803 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Vol. / 7.3 Pg.�5� Superior Filtration Products presents SuperCell 2; a disposable, high efficiency, V- radius pleated filter, designed for use of a prefilters and /or primary filter to be used in most commercial, industrial, and specialty installations. Available in 1 -inch, 2 -inch, or 4 -inch thicknesses with a variety of face sizes. The SuperCell filters feature a fully electrostatically charged media that utilized the Triboelectric Effect to more efficiently trap particulates with minimal pressure drop. The Triboelectric Effect is created by placing two polymers with opposite dielectric properties in contact so that they exchange ions and creates, once separated, a charge imbalance between the two. This ionic disequilibrium creates a strong electric field at the microscopic level of the filter media. Because the Triboelectric charge exists in the microscopic level of the media, its existence cannot be easily detected by instruments such as a voltage meter. The existence of static charge can be measured from the media's increase in filtration efficiency, especially in submicron sized particles. Filter media is pleated to increase filtration surface area because it is denser and has a higher efficiency level than conventional flat panel type filters. Pleating the media than conventional float panel type filters. Pleating the media reduces air flow resistance and extends filter's life cycle. Pleat- ing with variable radius wedge pleats reduce the end loss and dramatically minimize pressure drop. Controlled pleat spacing and alignment assures uniform dust loading throughout the filter. The configuration also increases the efficiency because the air flows though the sides of the pleats at an angle'thus moving through more of the media. Larger dirt particles are caught in the rear as their inertia prevents directional change, while smaller particles tend to be trapped along the sides of the pleat. Mery 11 Pleated Panel Filters an rd Cal iacity Filters Hi h Canaritv Filters 300 FPM 500 FPM 300 FPM 500 FPM Standard Sizes Model Number Actual Size CFM PD CFM PD Media area Weight CFM PD CFM PD Media area Weight I in 5q. Ft, Each Obs.) I In Sq. Ft. Each Obs.) S2M11 -11010 1OX10X1 9-1/2X9-1/2X3/4 208 0.16 347 0.39 1.1 0.20 208 0.15 347 0.38 1.6 0.2 S2Ml1- 1102010X20X1 9- 1/2X19 - 1/2X3/4 417 0.16 694 0.39 2.1 0.30 417 0.15 694 0.38 3.0 0.4 S21VI11 -11220 12X20X7 11- 1/2X19- 1/2X3/4 500 0.16 833 0.39 2.6 0.40 500 0.15 833 0.38 3.6 0.5 S2M11 -11224 12X24X1 11- 3/8X23. 3/8X3/4 600 0.16 1000 0.39 2.9 0.50 600 0.15 1000 0.38 4.3 0.6 S2M11- 1142014X20X1 13-1/2X19- 1/2X3/4 583 0.16 972 0.39 2.9 0.50 583 0.15 972 0.38 4.2 06 S2M71 -11425 14X25X7 13- 1/2X24- 1/2X3/4 729 0.16 1215 0.39 3.6 0.60 729 0.15 1215 0.38 5.3 0.7 S2M11- 1152015X20X1 14- 1/2X19- 1/2X3/4 625 0.16 1042 0.39 3.0 0.60 625 0.15 1042 0.38 4.4 0.7 52M11- 1162016X20X1 15- 1/2X19. 1/2X3/4 667 0.16 1110 0.39 3.3 0.60 667 0.15 1110 0.38 4.9 0.7 S21VI11- 1162516X25Xl 15- 112X24- 1/2X3/4 834 0.16 1390 0.39 4.1 0.70 834 0.15 1390 0.38 6.1 0.8 52M71-1182418X24X1 17- 318X23- 3/8X3/4 900 0.16 1500 0.39 4.5 0.70 900 0.15 1500 038 6.8 1.0 S2M11- 1182518X25X7 17- 1/2X24- 1/2X3/4 938 0.16 1562 039 4.7 0.70 938 0.15 1562 0.38 6.5 1.0 S2M11 -12020 20X20X1 19- 1/2X19 - 1/2X3/4 834 0.16 1390 0.39 4.2 0.70 834 0.15 1390 0.38 6.7 0.8 S2M11- 12C2420X24X1 19- 3/8X23- 318X3 /4 1000 0.16 1667 0.39 5.1 0.80 1000 0.15 1667 0.38 5.4 1.0 S2M11- 1202520X25XI 19- 1/2X24- 1/2X3/4 1042 0.16 1735 0.39 5.3 0.80 1042 0.15 1735 038 7.3 1.0 52M11 -12030 20X3OXl 19- 3/4X29- 3/4X3/4 0.16 0.39 52M11- 1242424X24X1 23- 3/8X23- 3/8X3/4 1200 0.16 2000 0.39 5.9 0.90 1200 0.15 2000 0.38 7.6 1.1 52M11- 1252525X25X7 24- 1/2X24- 1/2X3/4 1303 0.16 2170 0.39 6.6 1.00 1303 0.15 2170 0.39 8.9 1.1 S2Ml1- 2101010x10x2 9- 1/2x9. 1/2x1 -3/4 417 0.14 694 0.30 4.1 0.60 417 0.13 694 0.29 6.2 0.8 S2M11- 2102010X20X2 9- 1/2X19- 1/2X1.3/4 500 0.14 833 0.30 S.1 0.70 500 0.13 833 0.29 7.2 0.9 S2M71- 2122012X20X2 11- 1/2X19- 1/2X1 -3/4 0.14 0.30 S2M1 1 -21224 12X24X2 11- 3/8X23- 3/8X1 -3/4 600 0.14 1000 0.30 5.5 0.80 600 0.13 1000 0.29 86 1.0 S2M11- 2142014X20X2 13- 1/2X19 - 1/2X1- 3/4583 0.14 972 0.30 5.5 0.80 853 0.13 972 0.29 8.7 1,0 52M71-21425102SX2 13- 1/2X24- 1/2X1- 3/4729 0.14 1215 0.30 5.7 1.00 729 0.13 1215 0.29 110 1.2 S2M7 1- 21520 15X20X2 14- 1/2X19. 1/2X1 -3/4 625 0.14 1042 030 7.1 020 625 0.13 1042 0.29 9.3 1.0 S21VI11- 2162016X2OX2 15- 1/2X19- 1/2X1.3/4 667 0.14 1110 0.30 6.2 0.90 667 0.13 1110 0.29 9.8 1.1 S2M11- 2162516X24X2 15- 1/2X23- 3/8X1 -3/4 834 0.14 1390 0.30 6.7 1.10 834 0.13 1390 0.29 12.3 1.3 S2M11.2182416X25X2 15- 1/2X24- 1/2X1 -3/4 0.14 0.30 52MI 1-21825 18X24X2 17- 3/8X23. 3/8X1 -3/4 900 0.14 1500 0.30 8.4 1.20 900 0.13 1500 0.29 13.6 1.5 S2M1 1 -21825 18X25X2 17- 1/2X24- 1/2X1 -3/4 938 0.14 1563 0.30 8.7 1.30 938 0.13 1563 0.29 14.2 1.6 S2M71- 2202020X2OX2 19- 112X19-1/2X7 -3/4 834 0.14 1390 0.30 8.6 1.10 834 0.13 1390 0.29 12.3 1.3 52M11- 2202420X24X2 19- 3/8X23- 3/8X1 - 3/41000 0.14 1667 0.30 8.2 1.30 1000 0.13 1667 0.29 14.8 1.6 52M11- 220252OX25X2 19- 1/2X24- 1/2X1- 3/41042 0.14 1735 0.30 10.0 1.30 1042 0.13 1735 0.29 15.5 1.6 S2M11- 2242424X24X2 23- 3/8X23 - 3/8X1. 3/41200 0.14 20001 0.30 12.0 1.50 1200 0.13 2000 0.29 17.6 1.8 52M11 -22525 25X25X2 24- 1/2X24- 1/2X1- 3/41300 0.14 21701 0.30 12.7 1.60 1300 0.13 2170 0.29 19.0 1.9 S2M11- 4122412X204 11- 3/8X23- 3/8X3 -3/4 600 0.12 1000 0.25 10.2 1.50 600 0.10 1000 0.24 16.5 1.7 S2M11- 4162016X20X4 15- 1/2X19. 1/2X3 -3/4 667 0.12 1110 0.25 137 1.70 667 0.10 1110 0.24 18.0 1.8 52M11.4162516X25X4 15- 1/2X24- 1/2X3 -3/4 B34 0.12 1390 0.25 17.2 2.00 834 0.10 1390 0.24 226 22 52M11- 4182418X24X4 17- 3/8X23- 3/8X3.3/4 900 0.12 1500 0.25 16.5 2.10 900 0.10 1500 0.24 24.2 2.3 S2M 11 -42024 20X2OX4 19- 1/2X19 - 1/2X3 -3/4 B34 0.12 1390 0.25 16.9 2.00 834 0.10 1390 0.24 22.3 22 S2M11- 4202420X24X4 19- 3/8X23- 3/8X3- 3/41000 0.12 1667 0.25 17.6 2.30 1000 0.10 1667 0.24 24.0 2.5 52MI1 -41224 20X25X4 19-1/2X24-1/2X3-3/4 10421 0.12 1735 0.25 21.2 230 1042 0.10 1735 0.24 27.7 2.5 S2M71.42424 20204 23- 3/8X23- 3/8X3 -3/4 1200 0.12 2000 0.25 22.5 2.50 1200 0.10 2000 0.24 28.8 3.0 S2M11 -42529 25X29X4 24- 12X28- 1/2X3 - 3/41500 0.12 2515 0.25 30.4 3.10 1500 0.10 2515 0.24 38.4 3.6 S2M11.42830 28X30X4 27- 12X29 -1 /2X3- 3 /4 1680 0.12 2915 0.25 31.2 350 1680 0.10 2915 0.24 42.6 4.2 J Vol. / 7j _ Pg• -�_ Initial Particle Size Removal Efficiency �' co loo CO I m ' W y v N Ln 0 80 v 70 N I I I 60 a j W 50 i CO I > 40 I N O is ' E 30 ; CU 20 N 10 c I , i 0 0.1 1 A Particle Diameter (um) 'III ►�1►►;� ,, - - -� ill► I �� !11► , �((� '' ►,III ► � '�II►���' ' P/sysicaL Pro�rties Frame: Die -Cut, Moisture Rated Cartier Board Media: Loffted Non -Woven Polyester Media Support: Diamond Expanded Metal Pleat Design: 1 V- Radius Wedge Costsf��rrcf�o�s The media is a lofted, non -woven polyester media is securely bonded to an expanded metal backer to reduce any media movement. The design provides the strength needed to the pleats, maintaining theirV- Radius wedge pleat for maximum holding capacity. The metal backing has a 93% open area that allows the filter unit to withstand heavy dust loading. The Die -cut is a two piece frame providing maxi- mum strength and durability with a double wall heavy duty high wet strength beverage board frame. The filter media is bonded to the frame on all sides. This type seal prevents air bypass for the efficiency of the filter as well as supports pleat spacing for even dust loading. Stabilizer face grids bonded to the front and back of the pleats for durability and pleat stabilization exposing 96% media surface area. The quality of construction of the Super Cell air filter will maintain its durability and integrity during installation and operation under normal conditions. 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N N N N M X X x X X X X X X X no Z0�C OOCN � � 49 co tD OD CO N N N NN ONNV tD tDmCOOOOC LnI NNNNN NtD tD C0000�LA r'��N NN N NN EXHIBIT "A" 2013 -23 Filters Solicitation of Quotes II Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "SOQ 2013 -23, Filters ". Include the signed Contract and a copy of the required insurance with the submission of quotes. Quotes must be received by the Brazos County Purchasing Department by 2.00y m , Friday, December 28, 2012 or t will not be considered. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for filter purchases for the Building Maintenance Department. There are several different types and sizes of filters that Brazos County uses throughout its facilities. Building Maintenance will be making approximately two bulk purchases for filters this fiscal year. Each bulk purchase made is an estimated quantity of filters for a six (6) month period. Quotes submitted for SOQ 2013 -23 shall be good until December 31, 2013. Brazos County will not be held to any minimum or maximum quantities of filters or orders placed throughout the term of this contract. SPECIFICATIONS Below is a list of the most commonly used filter sizes along with blank spaces for specifications. It is required that Vendor fill in all the specifications that are requested below for the filters being quoted. - Filters must be a minimum of MR -11 High Quality Grade - Filters must have welded wire backing Ite m# Size W x H x D Nominal Initial Resist. in . Media Square Feet Rated Velocity FPM Rated Velocity M41 Initial Resist . PASCAL L Pleats per Lineal Foot Media Area to Face Area Ratio 1 16x20x 1 2 20x2Ox 1 3 20x25x1 4 20x30x1 5 12x24x2 6 16x 16x2 7 16 x 20 x 2 8 16x25x2 9 18x24x2 10 20x2Ox2 11 20x24x2 12 20x25 x2 13 24 x 24 x 2 14 16 x 20 x 4 15 16 x 25 x 4 16 20x24x4 Exhibit A Page 1 of 4 . ------ �.. 17 20x25x4 18 24x24x4 Brazos County requires a custom size filter listed below - Vendor will insert specifications of custom filter listed below - Custom filter is required to be a minimum of MERV8 type filter - Filter must have welded wire backing DELIVERY OF FILTERS Awarded vendor /s will deliver the filters to the Building Maintenance Department located at 206 North Washington Street. Bryan, Texas 77803. Delivery will need to be made using a truck with a lift gate in order for the filters to be easily off loaded. Prior to award, Brazos County will choose approximately 3 different size filters and vendor will be required to provide a sample of those filters to Brazos County. This will enable Brazos County to choose the best value for the County. If vendor refuses to provide the samples to Brazos County, vendor will not be considered for award. Vendor must sign and agree to all terms and conditions of Brazos County Service Contract (SOQ 2013 -23) or quote will not be considered. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Quotations should reflect a cost per case for the type of filters that corresponds with each item number listed above. Quote should include the number of filters in each case and brand of filter being quoted. Quotations should include cost for delivery. If delivery is left blank it will be assumed that there is no charge for delivery. Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Department. 200 South Texas Ave.. Suite 352: Brvan. TX 77803 in a sealed envelope clearly marked "SOQ 2013 -23, Filters ". Include the signed Contract and a copy of the required insurance with the submission of quotes. Quotes must be received by the Brazos Countv Purchasing Department by 2:OOp.m.. Friday. December 28. 2012 or thev will not be- considered. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. For any questions pertaining to the contract or items listed, please contact Leslie Williams (Assistant Purchasing Agent) at 979 - 361 -4294 or email at lwilliams(a,brazoscountytx.gov . Exhibit A Pa e 2 of 4 See Initial Media Rated Rated Initial Pleats Media Area Item W x H x D Resist. Square Velocity Velocity Resist. per to Face Area # Nominal in Feet FPM M/H PASCALS LiFoot neal Ratio W.G. 19 22va x22vax2 DELIVERY OF FILTERS Awarded vendor /s will deliver the filters to the Building Maintenance Department located at 206 North Washington Street. Bryan, Texas 77803. Delivery will need to be made using a truck with a lift gate in order for the filters to be easily off loaded. Prior to award, Brazos County will choose approximately 3 different size filters and vendor will be required to provide a sample of those filters to Brazos County. This will enable Brazos County to choose the best value for the County. If vendor refuses to provide the samples to Brazos County, vendor will not be considered for award. Vendor must sign and agree to all terms and conditions of Brazos County Service Contract (SOQ 2013 -23) or quote will not be considered. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Quotations should reflect a cost per case for the type of filters that corresponds with each item number listed above. Quote should include the number of filters in each case and brand of filter being quoted. Quotations should include cost for delivery. If delivery is left blank it will be assumed that there is no charge for delivery. Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Department. 200 South Texas Ave.. Suite 352: Brvan. TX 77803 in a sealed envelope clearly marked "SOQ 2013 -23, Filters ". Include the signed Contract and a copy of the required insurance with the submission of quotes. Quotes must be received by the Brazos Countv Purchasing Department by 2:OOp.m.. Friday. December 28. 2012 or thev will not be- considered. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. For any questions pertaining to the contract or items listed, please contact Leslie Williams (Assistant Purchasing Agent) at 979 - 361 -4294 or email at lwilliams(a,brazoscountytx.gov . Exhibit A Pa e 2 of 4 Solicitation of Quotes Item # Estimated # of FILTERS used per year Cost /Case # Of Filters/ Brand Case 1 16 x 20 x 1 48 _ 2 20 x 20 x 1 96 3 20 x 25 x 1 24 4 20 x 30 x 1 96 5 12 x 24 x 2 96 6 16x 16x 2 24 7 16 x 20 x 2 1104 8 16 x 25 x 2 1296 j !i j 9 18 x 24 x 2 96 z� j 10 20 x 20 x 2 528 / 0 11 20x24x2 96 12 20 x 25 x 2 528 y�'� Y i- 4 13 24 x 24 x 2 144 /_ 0 14 16 x 20 x 4 48 15 16 x 25 x 4 96 16 20 x 24 x 4 120 8' 17 20 x 25 x 4 288 18 24 x 24 x 4 24 'fa 19 22wx221/4%2 96 `7 / Cost for Delivery Estimated Delivery C Order is Placed Exhibit A Page 3 of 4 E vc) The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the'official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: 5 4 0- tie( Tax 11) #: ( ' / �/� � !�W 9i 7..7a Telephone #: G �� i b ✓ t Printed Name: ��di Q ,O. l/ /4 v /n Signature of Authorized Representative: Exhibit A Page 4 of 4 Vol, _ __. / �� Pg. Z 4r I ep N o0 O O V" Ivj ri N M N s' n To _" n A N tb N p Q a V N l� " 01 N M 01 Cl od O M N M M ry Q1 N lM0 V1 O N N N N O N O N N vl N N N Vl N N N d N p N N N y� N N N o On eo o a W oo Q o0 M y N N N M Vf �M1 N v1 e�Y A t` Q O Q O O V1 n rl � N 00 N Q to O Ol lD pp �Ny N Oi N . 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N N oo oo C O A � 1p 0\ � Q N o0 fIl N Vi l0 M OI M N H T V} H M Q � Q M N pp N M 1� M N rl I'/1 N S M V1 Q N M VY l0 t0 M I� M N rl fl1 Vf O1 01 N r1 pptn Q Q O O N M lD n M O N O Q N N N N •l1 Vl N H N N w a q O N Y U u C U i' � C `o `o m -o LL l j a m` c o m` o $ m o o o m o o m c o o o k o m - o E ay�° 33 a E w v r 4L ol'n o' Q iY IL U U m a 0 Q N a N .ti V1 N � V) Op M N N � N N N N o n m 0 m p Z 8 N 8 O ti N S N O ry Q h Q O N O N N H O N M 1C N N I N N Q m N N N N N M �/1 N p N O 0 N �O N O N l0 cn oG Ol N N t0 ^ n N Q N G 01 N m pp N ^ p p O N 00 p O N Q M `� aC ✓i u+ u1 vi t Vf tD n m O 06 �p �p Q N w 0 w N N O 00 01 16 N 00 N .-I v O N LL N •� O 00 +A O N N p N O op N N ~ N Q 0 � N N a O cD O h S N 9 a N N N ai V1 M N M m N .` C v O Vf ° Q H M O Q W V1 � c N n A o ry H H N ry M N N Qe C = 00 N O o p N ,°., n N ^ M � Vl oo y} N N v Vl N ^ H n O N N N O M N m ryj N p� N W N h n Vf N N N Q to N lo V1 Nryry fM1 Q N Q O 00 N N O ON H Q N N � N N Q N N N n ^ � Qt o 6 N N a0 00 N 06 H N V r Y U C lJ r Y LL V C U v Y LL u C o `o • c m c c m G e o m Y Z. y H O N E C m T M O N V O O G T A 9 O a r C_ 7 'O V C O r L a 0 L O O LL U O L Y d 7 N 3 0 a U v p, � L c E Vol. /73 P9. O 6 a r 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Tiffany West, Senior Buyer February 6, 2013 McCreary, Veselka, Bragg and Allen PO Box 30410 Austin, TX 78755 Attn: Mr. Veselka Re: Extension of Contraef fnr Collection of Delinquent Criminal and Civil Court Casts Fines and Fees: 2010 - 37R Brazos County appreciates the quality work and service your company has provided and would like to exercise an extension option for Collection of Delinquent Criminal and Civil Court Costs Fines and Fees: 2010 -37R previously known as 2008 -43, and 2006 -32. This Extension is jar further negotiations of new contract with your firm. All terms, conditions, and pricing shall remain the same. This extension will starts upon Commissioner's Court approval throueh March 15, 2013. Brazos County Purchasing Department Leslie Williams, Asst. Purchasing Agent Gail Davis, Buyer Phone: 1800- 287 -0013 Fax: Email: swhigham @mvbalaw.com To accept the extension option, please fill out the information and sign below. Return the signed documents by email to Williams@co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, 1 may be reached at (979) 361 -4294. Contact Name: me_ CM+Q_jL+ Telephone: E -Mail 440 Above MCCREARV, VELSELKA, BRAGG, AND ALLEN 1 , Authorized Signature V AZO Duane Peters, County Judge Fax: Date P- a - f3 Date Vol. __ 7 Pg. a C �* 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 6, 2013 BID NUMBER: 2013 -32 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Motor Grader Blades REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: � Duane Peters, ounty Judge DATE APPROVED: 0 — /A — / Vol. ��.� Pg..?C7r� I t BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: February 12, 2013 SUBJECT: Private Property Access Request permission to enter private property owned by J.C. and Teri Thompson located on South Dowling Road. Project will collect survey and topographical information for drainage study along Hopes Creek and its associated tributaries. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. SUBMITTED BY: J e V. Salvato Right of Way Agent This request is APPROVED BY: 4ILZA 01.lt- Lloyd assermann Commissioner Precinct 1 / DENIED O by Commissioners' Court Duane Peters, County Judge DATE: C� - I D -- ( 3 Vol. /7� pg. e ? __ ' f C •'T y : �'Ati' OF BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM OWNER(S): J.C. Jr. and Teri Thompson II. ADDRESS: P. O. Box 100 Roans Prairie, Texas 77875 III. LOCATION OF WORK: 13375 South Dowling Road R15867 — John Payne Survey, A -195, Tract 1, 44.147 acres IV. DESCRIPTION OF WORK: Request permission to enter private property for the purpose of collecting survey and topographical information for drainage study along Hopes Creek and the associated tributaries to determine if bridges are required. Survey information will be gathered mainly from high -bank to high -bank and may require some hand trimming of underbrush in and along creek channel. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s above mentioned private pr Owner's Signatde: . ,J rant permission to Brazos County the ability to access the for roadway, maintenance purposes. / Za r R. Alan Munger, P County Engineer F_ Vol. _ / 7 Pg. Salvato f-Way Agent R. Alan Munger, P E. E. Duane Peters County Engineer Brazos County Judge Brazos County Road & Bridge Dept. 2617 Hwy 21 West Lloyd Wassermann Bryan, Texas 77803 Commissioner Pct. 1 office: 979 - 822 -2127 Fax: 979 - 775 -0453 Sammy Catalena ramunger ®brazoscountytx.gov Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct, 4 OWNER(S): J.C. Jr. and Teri Thompson II. ADDRESS: P. O. Box 100 Roans Prairie, Texas 77875 III. LOCATION OF WORK: 13375 South Dowling Road R15867 — John Payne Survey, A -195, Tract 1, 44.147 acres IV. DESCRIPTION OF WORK: Request permission to enter private property for the purpose of collecting survey and topographical information for drainage study along Hopes Creek and the associated tributaries to determine if bridges are required. Survey information will be gathered mainly from high -bank to high -bank and may require some hand trimming of underbrush in and along creek channel. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s above mentioned private pr Owner's Signatde: . ,J rant permission to Brazos County the ability to access the for roadway, maintenance purposes. / Za r R. Alan Munger, P County Engineer F_ Vol. _ / 7 Pg. Salvato f-Way Agent BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: February 12, 2013 SUBJECT: Utility Permit — ETC Texas Pipeline, Ltd. Consider and take action on the ETC utility permit to construct 6.625" road bore under Old Bundick Road. This is part of the company's Weaver State project. Site is located in Precinct 2. SUBMITTED BY: JWelk Salvato Right of Way Agent APPROVED BY: S�nmy Cat na CommissX ner Precinct 2 This request is Lid' ROVED DENIED ❑ by Commissioners' Court L Duane Peters, County Judge DATE: Vol. APPLICATION FOR PIPELINE UTILITY PER -T DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now =T T=v. a vtn lift i Tip [coNrparry aanre], hereinafter referred to as "Company" a , FXA4 [stale) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: CONSTRUt: ON TYPE J 6, 6 ZS" Diameter n Wall "fhlckness 1 High Pressure Undergronnd [3 Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating fica Material Specition P 1 . operating pressure) pressure) Minimum Yield Streagth X— � Psl G Maximum operation Pressure _J,g_ — The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days front the date of said permit and shall complete said construction /work within working days. (COMPANY MUST FILL IN). If such construction is not begun by the 6& day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, We and interest in the land to be entered upon and used by the holder and the h will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. E VOL Approval of County Engineer's Office may take as long as hvo weeks agar complete application is received. Applicant agmes to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUnUffdMT8 FOR WORK CONDUCTED IN BRAZOS COUNTY RIGATS OF WAY and incorporated heroin for reference. la the event Co►npagy falls to obtain a Pernik prior to the hwWtadou or does not butoll utilkles in coa►plia►roe with lnslailallon regnlrenjen& ad forth herein (da depth, locadmi, de), Cornparry nssun►es all ibmuchd responsibility for damages and/or deshndlon of fires, cables, do based upon lls fai6►re 10 comply wkl► Brasas Coangp requirements Applicant agrees that Lf Brazos Connly den►onarates a violation of the terms of this policy, AppNcanl sNp►rlates'hot requlskes for injundhe rdkf e dw and that Brows Coady is entitled to relifo'a►fe1ning any conduct by applicant whh:h Is contrary to the polhdex 77►1s pesnk is a revocable penult, Brazos Coaaly reserves the right to revoke thhf permit of any dine, in life sole dkerdlon of Brazos Conn % for Interests of public heakh, safety or welfare, or for fallen to repair any damager upo ►f demand, or for any other reason deemed smut by Brawl County. In tine event Company fails to comply with any or all of the regah- ements as set forth herein, the Conn& may take such action as k Bann appropriale to compel ew ►q►lianca 7%e County Angluser farther rdahn the right to revoke Ibb permll by verbal n#j&7eM1a► to 1heApplleanlllComp01Y. Feline to obtain thhr pernd' and/or notyy the Co►mty Bughreer's QA'Ice Wifiln 24 hours of beginning eendruction shall coos'kute grounds for fob shuldown. By signing below, l certify dot I am authorized to represent the Company listed belmv, and that the Company agrees to the conditions/provisions included in this permit. Give o 94 /Ka H 5 fie Companya a m ay: g�iaturo Title i _ ? e Address My state Zip Phone Number // f eRNC�S"�. L"eaC Li � ! pllC �/lurr C ieK � -t Email: Vol. / Fg...7` PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated Z — y' Z4 except as noted below: (MonthlDayNear) EXCEPTI m 0 #0 ru t E i' �, _ Pg. e .73 _- V ME CD m • Cm PRELIMINARY\ REVIEW COPY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. x CENTERLINE ROAD & PIPELINE CROSSING LAT.30 94501 D LON_ - -96 244432 THOMAS JAMES A -25 CENTERLINE PROPOSED PIPELINE - S 43'26'15" W rn DO N) W Lq + + + O1 O O CD CALLED 31.824 AC 5991/44 FENCE LINE CENTERLINE ROAD \PROPERTY LINE CALLED 220 AC. 143/.329 CALLED 71 AC. 1,31/403 (2ND TR. ) —OVERHEAD ELECTRIC POWERLINE EDGE OF ROAD J 00 � Ci + + CP O rn O 1 I 6 300 6 6 0 0 0 0 o cc o L o U . o UO o u1 M N CJ O O s - CO - -- - -- --- - W ---- ' ------- 00 --------- - - _00 N - -- - - -- -- r , 12" C.M P I l 5 /8" IRON ROD 9 I � TU CA o ri + O I I I I z O I m I II J 00 � Ci + + CP O rn O 1 I 6 300 6 6 0 0 0 0 o cc o L o U . o UO o u1 M N CJ O O s - CO - -- - -- --- - W ---- ' ------- 00 --------- - - _00 N - -- - - -- -- r , ELEVATION VIEW DE PROPOSED PIPELINE' CROSSING OLD BUNDICK ROAD u 0' 50' 100' 150' H = 1 " =so' 1 t s - WARNING! UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN. BEFORE ANY EXCAVATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION. JOB NO. T120825 -8 111PAR(0 BY _ , TANG IE Il_ 1595 r Cronde Blvd Tyler, TX 75'03 r (903) 534 -0174 % 41 NOTE. BEARINGS ARE BASED ON N.A D. 1983 TX. CENTRAL DATUM ETC TEXAS PIPELINE PROPOSED WEAVER —STATE PIPELINE CROSSING OF OLD BUNDICK ROAD BRAZOS COUNTY, TX. SCALE I DRAWN BY: I DATE 9n' C I A . 1-08-13 Vol. /_ Pg. .,? 7 7 �R I I I I I I TU AT RAL - I r- I I - - -- - -- -- - --- —'— - - -- I - -- - - 1 I L - - I � wU Q p ¢�� Lu o ooU � av + o t7 --- - - -- -�- +± W -1:i - - - -- CO - - - --- -- -- - - ---- }--- ------ ^ U W _� .. W =L U wow - - -- -- - - L _' - _- - - -- --- -- -- --' ---?-- ----- - - - --- - --- --- - f -r-Z0 - ---- -- --- - - - - -- -- -�- TN I --- PROPOSED! P/PEL INf I 00 — - -285 ELEVATION VIEW DE PROPOSED PIPELINE' CROSSING OLD BUNDICK ROAD u 0' 50' 100' 150' H = 1 " =so' 1 t s - WARNING! UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN. BEFORE ANY EXCAVATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION. JOB NO. T120825 -8 111PAR(0 BY _ , TANG IE Il_ 1595 r Cronde Blvd Tyler, TX 75'03 r (903) 534 -0174 % 41 NOTE. BEARINGS ARE BASED ON N.A D. 1983 TX. CENTRAL DATUM ETC TEXAS PIPELINE PROPOSED WEAVER —STATE PIPELINE CROSSING OF OLD BUNDICK ROAD BRAZOS COUNTY, TX. SCALE I DRAWN BY: I DATE 9n' C I A . 1-08-13 Vol. /_ Pg. .,? 7 7 Weaver State 6" line Road Crossing Permit 1/09/13 Barlow's Formula Tmin = wall thickness required ( inches) D = Outside diameter of pipe (inches) P = Internal Design Pressure (psi) S = Yield strength of pipe (psi) F = Design actor E = Seam Joint Factor (Normally 1) T = Temperature Factor (Normally 1) t = DxP /(2xSxFxExT) per 192.105 D = 6.625 in P =100 psig S = 42,000 psig F = 0.5 (Class Ill) E =1(ERW API 5L per 192.113) T = 1 (temperature < 250 deg per 192.115) t = 0.0157 in design wall thickness required (t min) t actual is 0.280 in t actual > t min �� „� 1 P9. %moo February 1, 2013 800 E Sor tm 8W.. Suite 100 Son Anttado. Taus 78258 -3841 (210) 403 -7300 (210) 403 -7600 Fat WWWAOafffk0UfK -C= This letter is written to comply with Section H — Item 3 of the Brazos County Roadway Safety a nd Road Preservation Standards for Work Conducted in Brazos County Rights of Way as part of the Weaver State 6" oivellne Road CrosslnR Permit request. The Weaver State 6" pipeline is a natural gas gathering pipeline with the following design parameters: • Pipe Diameter - 6.625 in • Pipe wall thickness — 0.280 in • Minimum yield strength — 42,000 psig • Maximum Operating Pressure —100 psig Material Specification — API SL This pipeline road crossing will be constructed in accordance to 49 CFR Part 192. This pipeline road crossing will be a non —cased crossing with depth crossing gather than 10' for the deepest ditch grade Thank you, nesW F. Teach, PE #92476 Project Manager Energy Transfer Company Vol.j ?.. Fg..� 7Y BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in of -way - -- - --- - Vol. pg. X0 —J . I 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County l.?ngineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction /repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. __�_�.� _ pg, �.Z F. Repairs to existing facilities Maintenance and /or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type o f Pipeline (below deepest ditch grade) Special Requir Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' ' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. Pg._. ETC TEXAS PIPELINE, LTD. ROW 800 EAST SONTERRA BLVD. SUITE 400 SAN ANTONIO, TX 78258 Aw 66- 156/531 BRANCH 38999 W AC HO VI -;I-J3 Wachovia Bank N.A. DATE wachovia.eom PAY ' ' 9914M I D ': NO ND 11 do DOLLARS $ S00,O0 E b�u, en r � TO THE ORDER OF B 19 zo S (Vu rjTy DETACH AND RETAIN THIS STATEMENT ME ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW IF NOT CORRECT PLEASE NOTIRY US PROMPTLY NO RECEIPT DESIRED ETC TEXAS PIPELINE, LTD. ROW DATE DESCRIPTION AMOUNT C -- a �-7g/ W �1�� 5774-77—:: 1?o i T vo.o a 621-413 wA; oic* Rof} r- kv -Zl,1 voI. - - -� , __ 9. _ _ The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of A.D. 2013 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this ra day of 2013. Duane Peters, County Judge Lloyd Wassermann, Commissioner Precinct #1 Treasurer's Report for the MUNTri RUVEM13LK AULA Vol. /,j Pg. Saw(mv Catalda. Commissioner Precinct #2 A A Q1 8 S P, e — 11 V. N q � w 0 � M O m W! IR 1 w: Ui 0 3 I f: T Ch N �a %D m M 9 F " =. CD V: 3 ! 1 : -1 n N 942 4 4 f" m ppp mm : I � :� Ch c; x . S a - R . i 9 M Id - R .4 4 i m p - e 4 40 N . . . . . . . . . . . . . . . . . . . F W C4 W M N V a 10 a, N en CR P . 0: 0, M V Q, Go a a 40 � w v N O 9 gi A r4 e N: pi Id tz x 61 IR N 1; Lf; fl: vi m N -i Ln A A A 2 0 0 9 M �O 10 v r, M N N Li 'R C� 'D C A q - M M 0 N N r, M M co a C b � n 1a coo, 9 R - cc O .6 P " to M? :' �"� 0 . . . . . . . . . . . . . . . .� . . . Nr "M C 0! M � A m r% 16 01 N R C! A A P 14 0% cc CD x LA P4 va N OR Lq z No 4 Le; Z9 A t 0 4 q 4 9 z d L4 r.� 'd O\ 0 w %R � 10 GI V4 .4- LU W 2 �w Ln w OC m w Id te K W u & 6, U 1 1 tx d d V. Z tu z . 0 ! u :,.,. z 1 � z 41 a c - i�5 CL X ppS 1 1 N I 1 1 1 1 1 1 M 1 1 !1 il x l 8 1 i l 0 d 0 i M O 2 8 Go ?4 " N N X � 0, v- 0, n M M f 10 1 101 IVI O O O FA 'A M M 9 E ___1 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this � day of �� A.D. 2013 Karen McQueen County Clerk, County of BRAZOS, State of Texas Precinct # 1 Treasurer's Report for the MONTH DECEMBER 2012 AND O/E 12/31/12 Fg. E Examined and approved in open Commissioners' Court this __Q day of 3�mmv Catalok Commissioner Precinct #2 C4 14 o O d p g3 14 c4 t4 co cd ai W! O R in 4 r4 n ai D n Lf; A N q 'A W; - 3 1 4 v ui v� v: I f 9 m 5; M Oz d 'R v N f4 cc M O N l aq �i km m m = m Go n !! Lei 14 n po m r4 c5 'd v m a; Go 8 'A . . . . . . . . . . . x J Li q in f� N A 6 - g N O VI ': .5 : K 'i . Sf v r' M e x ri d 4 c n " llo 1 : Lq a, v: o' m Go v Pz 4 i n 1 2 F fli 'd ul cr, en 1 9 � tg ;� LA CR Ci d m N z A (7 i K g d ; - t -- g a 3; - R N 'd 7i A L'i A - a - D ; 4 r4 e4 4 RR Olt co In t p, 6A z IAI tu J W Z F V wg V r��� ti O W Q � 23 6 IL z = z I— z lu t> Lu LL xax . Q pQ p S p 0 ii M d i l ' I d lo ll l III ' m A O O O 9 VoL Pg. P! 8 a 8 9 R N ZR - Ts;mq4qA� 6, Lei 16 N Go 0 14 rl in Ip . . . . . . . . . . . . a; MA In I!t ri N W e4 r4 p: ry Id 06 Cd d .414 a pz r r-: 14 P 6 8 r, A a; vi 8 - r-i vr C4 Id 14 ts 75 V rj! AS N Or r1% R ' o CC F, A P4 0 C2, m 9 A N M rz d f`I e4 N C4 as V: Nd -1 47 ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f4l ft O , -t in S ! e4 5 1 % R m IN OR V I% Zq N rl: w; v d " i I 'd . %o LM 0 r i t1.T C" 1 1 A w cc OR r, a! vi T 14 2 F t3 It$ LU le im �j !l 8 ! t7, z j2 u u m Z5 Z uj Lu Z m E 0 I. E W z i X !H SO 8 IN 8 8 9 8- -1 I m 11 Rl 01 Rl i "l il il i ii i ml i i 5t g ,� i N ilo - C O O CL IJ vol Pg. BRAZOS COUNTY, 'TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 19.1-19.3 On this the 12h day of February 2013 at a regular meeting of the Cormnissioners' 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 12th day of February 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget 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 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12th day of February 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B Quane 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 Prepared By: nnm Date: 2/6/2013 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 19.1 Department Approval Date County Judge Approval J J Date Vol. �_/ 1J F g ' eZ 9/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 19.2 n I.1 n /nAA 7 Prepared By: nnm Date: 2/7/2013 i Vol. uate Denartment Approval DR/CR CR CR CR CR L/ 1LILV lv ACCOUNT NAME ST Sup - TJPC - JPO Retirement — S ocial Security Workers Comp_ Increase Decrease 1,764.88 230.32 135.01 7.39 FUND DIV ACCT PROJ 3000 3000 318700 318700 51751000 53200000 53100000 53800000 3000 3000 318700 318700 DR CR Transfer to General Fund Transfer from Grant Fund 2,137.60 1,137.60 3000 0100 91300000 49029000 0100 0100 31000200 31000200 51751000 53200000 DR DR ST Su lenient - TJPC - JPO Retirement ],764.88 230.32 DR DR Social Securi Workers Comp 135.0] 7''9 0100 0100 31000200 31000200 53100000 53800000 TJPC -C -Comm. Reduction and Juvenile Service - Detent Reallocation of secondary ay for new employee. Prepared By: nnm Date: 2/7/2013 i Vol. uate Denartment Approval BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 19.3 2/12/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22000100 61900000 CR Visiting Court Reporters 798.00 0100 22000100 51630000 DR Hourly Part Time 658.00 0100 22000100 53100000 DR Social Security 50.00 0100 22000100 53200000 DR Retirement 86.00 0100 22000100 53800000 DR Workers Comp 2.00 0100 22000100 53900000 DR Unemployment 2.00 85th District Court Reallocation of funds to pay for sub court reporter. Department Approval Date Prepared By: nnm Date: 2!7/2013 Approval Date VOA. '-- _ _l 7 ' Fg. al�_ 53 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 12, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consi and Take Action on Change uests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Estrada, Leticia Transfer w /in Dept. Guzman, Graciela Perez, Cyndi Transfer w /in Dept. Transfer w /in Dept. Juvenile Benavides, Heriberto Merit Coker, Collin Merit Criddle, Steven State Stipend Farmer, Christopher Merit Rucker, Thomas Resignation Storemski, Jonathan State Stipend Taylor, Jannifer Merit S.O. — Jail Benavides, Francisco Reinstated Plagens, Daryl Resignation Rodriguez, Daniel Resignation Approved in Commissioners' Court: Febr 12 20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) F. vol. _ -_- � - .� I BRYAN, TEXAS ORDER 13-001 WHEREAS, in accordance with provisions of the Section 775.082 of the Health & Safety Code, a commissioners court may order a county auditor to perform the audit and issue the report of an Emergency Service District. WHEREAS, the Commissioners Court finds that the Brazos County Emergency Service District Number 4 failed to complete and file an audit report in compliance with Section 775.082 (c) of the Health & Safety Code. BE IT THEREFORE ORDERED that the Brazos County Auditor perform an audit of Emergency Service District Number 4 pursuant to Section 775 of the Health & Safety Code. 1 20 J APPROVED, this I 0� day of :C62G2 Duane Peters, County Judge � Lloyd Wassermann ;S Catalena Commissioner, Precinct I Corn ssi ,nvy ner, Precinct 2 1 Kenny Mallak N \j '4-j I I Commissioner, Pre _3 g, 2 Zf B S County Office of the Shefiff wo Christopher C. Kirk — Sheriff I W. James "Jim" S tewart — Chief Deputy 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 Caulleyy FROM: Sheriff Chris Kirk 4 DATE: Wednesday, February 7 2013 Tail Administrator REF: Reporting requirements for Senate Bill 1074, 77 Legislature, Racial Profiling. Included with this memo is a copy of the 2012 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 2012. I respectfully request that you add the following agenda item to the Tuesday, February 12th, 2013 Commissioners Court Meeting: Acknowledge receipt of the Brazos County Sheriffs 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. chrisk'rkAWalisheriff com 1700 Highway 21 West, Bryan, Texas 77803 -1300 * OFFICE (979) 3614900 4 V FAX (974) 361-4999 Vvl- r . N ACKNOWLEDGED \ 0 ttl Duane Peters Date County Judge ti al OF ``_ BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK W. NAMES STEWART, CHIEF DEPUTY 1700 HIGHWAY 21 WEST WAYNE DICKY, NAIL ADMINISTRATOR BRYAN TExAs 77803 -1300 G• _F. ic Y Wednesday, February 06, 2013 Since January 1, 2002, the Brazos County Sheriffs Office, in accordance with the Texas Racial oncemg Law (S .B. ac al 1074), has been collecting police contact data for the purpose of identifying and responding (if necessary) regarding profiling practices. It is my hope that the findings provided in this report will serve as evidence that the Brazos County Sheriff's 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 1, 2012 to December 31, 2012. 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 included. It is my sincere belief that the results of this report demonstrate that the Brazos County Sheriff's Office is committed to providing fair and equitable law enforcement for all citizens. Respectfully submitted, L' �Christopher C. Kirk, Sheriff OFFICE (979) 361 -4900 ADMINISTRATION (979) 361 -4992 4# FAX (979) 361 -4905 E / Pg•� Law Enforcement Contact Data Annual Report January 1, 2012 - December 31, 2012 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) Sheriffs 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 (1/1/12 - 12/31/12). 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 O TCLEOSE DATA Vol. = Pg. — 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 standard. latitu a in determining how the agency will achieve compliance with each app li Each 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 the but is not binding. The commentary example of one possible w togomply with the standard. intent of the standard, or 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 p g p and article 2.132 of the Article 2.131 of the TCCP prohibits officers from engaging in racial profiling 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 t employs peace officers who make of a county, municipality, or other political subdivision of the state, traffic stops in the routine performance of the officers' official duties." The article further defines 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. 1 of 4 Vol. 7, 1 p Background Senate Bill 1074 of the 77" 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. 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 (a)(2) 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 77` 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). 2of4 Vol. /74 Pg. The minimum requirements for "tier one" data for traffic stops in which a citation results are: I ) 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: 1) 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 (a)(2) TCCP]. 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. 3 of 4 E. pg. 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 of 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 (B) 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 audio 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, 81st Leg., R.S., Ch. 1172 Sec. 25, eff. September 1, 2009. Vol. P9. 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 2.13 1 RACIAL PROFILING PROHIBITED. A pe ace officer may not engage in racial p rofiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING (a) In this article: (1) "Law enforcement a gency" means an a ency of the state, o r of a county, municipality, or other political subdivision of the state that employs pea 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 The policy must: (l) 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 compla with the agency if the individual believes that a peace officer employ by the agenc has engaged in racial profiling with respect to the individual; Vol. _Z' Zol, Pg �a (4) provide public education relating to the a gency's complaint process; (5) require appropriate corrective action to be take a a p eace officer employed by the agency who after an investigatio is show to have engaged d in racial profi li rip in violation of the a enc 's olic ado ted under this article• (6) re quire collection of information relating to tr affic stops m which a cit ation is issued and to arrests resulting from thos traffic sto ps, . including information relating to: (A) the race or ethnicity of the individual d etained* and (B) whether . a search was conducted and, if so, whether the person detained consented to the search• and (7) r equire the agency to submit to the governing body of each county or munici alit served b the a enc an annual re ort of the information collected under Subdivi (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 r of this article shall not constitute prima facie evidence of ra cial profiling, (d ) On ado ption of a policy under Subsection (b) a law enforce agency shall examine the feasibility of installing video camera and transmitter - activated eq uipment in each agency law enforcement motor vehicle regul used to make traffic stops and transmitt activated equipment in each agency law enforc mot orcycle regularly used to make traffi stops If a law enforcement agency installs video or audio equipment as provided b y this subsection the policy adopted by the agency under Subse (b) must include standards for reviewing_ video and audio documenta Cel A re port required under Subsection (b)(7) may not include identif in information about a mc-e officer who makes a traffic sto or about an individual Vol. /;7 � ­ ­ P9.._ / _ 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)(61. (f) On the commencement of an investigation by a law e a encv of a complaint described by Subsection (b)(3) in which a vid or au dio recording of the occurrence on which the complaint is based was made the agency shal p romptly pro vide a copy of the recording to the peace officer who is the subject of the complain on written request by the officer. Art 2.133. REPORTS REQUIRED FOR TRAFFIC AN 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 p eace 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 allege violation of a law o r ordinance regulating traffic or who stops a pedestrian for any suspected offense shall re eort to the law enforcement agency that employs the officer information relating to the stop. including: (l) a physical description of each person detained as a result of the stop including: (A) t le person's gender; and (B) the person's race or ethnicity as stated by the Berson o r, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; �2Zthe traffic law or ordinance alleged to have been violated or the suspected offense; Vol. _ I,/ 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 vi olation 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 M arch 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 analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed b the he agency; and Vol. __.. �'g•_._� _ (B) 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 a gency alleging that a peace officer epVloyed by the aaency has engage in racial profil (d) A report required under Subsection (b) may not includ identify information about a peace officer who makes a traffic or pedest stop or about an individual who is stopped or affested 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 Educat shall developguidelines for compiling and reporting information as required by this article. (fL The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial prof iling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDI EQUIPMENT (a) A peace officer is exempt from the reporting require 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 agency to make traffic and pedestrian stop is equip 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 pg (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 eq uipm� ent, as appropriate is recorded by using the equipment or (2 the governing body of the county or municipality served by the l aw enforcement agency in eoniunetion with the law enforcem a gency, certifies to the Departm of Public Safety not later than the date specified by rule by th department that the la enforcementay—ency needs funds or video and audio equipment fo the purpose o f installing video and a udio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the stat funds or video and audio equipment sufficient as determined by the department, for the agency to accomplish that pMose. (b) Except as otherwise provided by this subsection. a law enforcement agency that is exem t from the re uirements under Article 2,134 shall retain the video and au dio or audio documentation of each traffic and pedestrian sto for at least 90 days after the date of the stop If a complaint is filed with the law enforcem agency alleging that a peace o fficer employed by the agency has engaged in racial profiling with respect to a traffic or p edestrian stop the agency shall retain the video and audio or audio recor of t he stop until final disposition of the complaint. (c) This article does not affect the collection or repo rting requirements under Article 2.132. A rt 2.136. LIABILITY A peace officer is not liable for damages arising fro an act relating to the collection or reporting of informatio as requir by Article 2.133 or under a policy adopted under Article 2.132. Art 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The D epartment of Public Safety shall adopt rules for providing funds or video and au dio equipment t o law enforcement agencies for the purpose of installing video an audio equipment as described by Article 2 135(a)(1)(A) including specifying criteria to prioritize funding or e ui ment rovided to law enforcement a envies. The criteria mgy include consideration of tax vo! --/ 741 1 Pa., effort financial hardship available revenue and budget surnluses. T he criteria must give priority to: f 1) law enforcement agencies that employ peace offic whose primary duty is traffic enforcement, (2) smaller jurisdictions; and (3) municipal 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 equ ipment for the purpose of installing video and audio equipment as described by Article 2 135(a)(1)(A) The collaboration mayinclude the use of a survey to assist in developing criteria to pri oritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from th state for the purpose of installing video and audio equipment as described by Arti 2.135(a)(1)(A). the governin 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 enforc agency needs funds or video and audio equi pment for t hat purp ose. (d) On receipt of funds or video and audio equipment from the state for the purpos of installing_ video and audio equipment as described by A rticle 2.135(a)(I)(A). the off, verning body of a county or municipality, in conjunction with the l aw enforcem agency se rving the county or municipality, shall certify to the Department of Public Safety that the law e nforcement 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 II35(a)(1). Art 2.13 8 RULES The Department of Public Safety may adopt rules to implement Articles 2.131- 2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: r Art 3.0 RACIAL PROFILING In this code "ra cial profilin " means a law enforcement- initiated action based on an individual's race ethnicity, or national Origin rather than on the individual's beh or on infonnation identifying the individual as havin engAped in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection 0) to read as follows: (j As part of the initial training and continuing education for police chiefs re uired under this section o ram on racial ro the institute shall establish a r filin . The prog must include an examination of the bes practices for: (lLmonitoring peace officers' compliance with laws and in tern al agency policies relating to racial pro filing, (2) imp lementing laws and internal agency polic relating to preventing racial profiling; and (3) analyzing and reporting collected infor mation. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: e As art of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training on racial rofilina for officers licensed under t his cha ter. An officer shall complete a ro ram established under this subsection not later than the second anniversary of the date the officer is licensed under this chap 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: U) As a requirement for an intermediate prof ci certificate, an office must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). 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 aparticular descent including Caucasian African Hispanic, Asian or Native American descent. 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; the plea, the judgment, and whether bail was forfeited; M [(-7)] the date of conviction; and [($)] the amount of the tine 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 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 0), 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 0), 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. r 3 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 S.B. No. 1074 Approved: Date Governor ■ 31 OF -tea } Vol. Pg. BRAZOS COUNTY SHERIFF'S OFFICE GENERAL ORDER: 34 DISTRIBUTION: Patrol SUBJECT: In -car Video Cameras PURPOSE 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 Sheriff's Office, law enforcement related matters. Vol. 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 shall include both internal investigation and any possible criminal or civil action. 1. If a eompfaint 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. V101. - - -- -/ ?G - pg. �l'� 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. 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 Bill 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. 7-a 0A _~- - aw -'-` - - - - -- Informing the Public on the Process of Filing a Complaint with The Brazos County Sheriffs Office (X) Educational Campaign: In accordance to Senate Bill 1704, the Brazos County Sheriffs 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 Sheriffs 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. Community Partnerships Although the Brazos County Sheriff's Office has always enjoyed from the support of the community, since January 1, 2012, 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, 2013 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. 1, 71 Fg. y -___ Trainin 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. 111 Compa rative Analysis Table 1. Comparison of Self- Initiated Stops of Residents and DPS Resident Data Race/Ethnicity* Resident DPS Data Variance Contacts N % N % N % Caucasian 1436 84.9 116558 72.0 12.9 Hispanic 38 2.2 6670 4.1 -1.9 African 203 12 19998 12.3 -0.3 Asian 12 0.7 15519 9.6 -8.9 Native American 0 0.0 323 0.2 -0.2 Other 3 0.2 1 2992 1 1.8 -1.6 Total 1 1692 t00 162060 100 * 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 Eastern". It should be noted, DPS only collects Driver License race codes for Black, White, Indian, Asian, Hispanic or Other. Federal Standards prohibit the use of Hispanic as a race. "Other" race code is for mixed races or those that do not fit any of the other categories. (I) Tier I Data Table 1. General Demograp of contacts ana bearcnes Race/ Contacts Contacts Total Consent Contraband Contraband Ethnicity* Citation w/ Arrests Searches Searches Located Located Issued Consent Search N % N % N % N % N % N % Caucasian 273 79.6 14 87.5 69 8023 45 80.3 18 81.8 10 76.9 African 57 16.6 2 12.5 15 17.44 10 17.9 4 18.2 3 23.1 Hispanic 11 3.2 0 0 2 2.33 1 1.8 0 0 Asian 2 0.6 0 0 0 0 0 0 0 0 Native 0 0.0 0 0 0 0 0 0 0 0 0 0 American Middle 0 0.0 0 0 0 0 0 0 0 0 0 0 Eastern Total 343 1 100 1 16 1 100 86 100 56 100 22 100 13 140 * Race/Ethnicity is defined by Art. 2.132(3)CCP as being of a "particular descent, 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. As a comparison, reporting required by TCLEOSE only includes motor vehicle stops where a Citation was issued or an Arrest was made or both. Our comparative data includes those contacted that were issued a Citation or Arrest was made, both or a Warning was issued. i Vol. _ pg.__.��_._. Analysis The data presented in this report contains valuable information regarding law enforcement contacts with the public between 1/1/12 and 12/31/12. 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 2012 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 2012 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 Sheriffs Office were almost the same; the variance was 12.9 %. Data shows there was -1.9% 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 -0.3 %. 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 -8.9 %. 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 -0.2 %. It should be noted that the Brazos County Sheriffs Office made no law enforcement contact with 1 Vol. ___174- drivers of Native American descent and that DPS records show that people of Native American descent make up less than one percent of Brazos County's drivers (0.2 %). 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. Data could be listed for these drivers under White or Other. It is entirely dependent on the individual reporting to DPS as to how they want to be classified. The data relevant to individuals of Other racial descent shows that there were two contacts with individuals listed as other for racial decent. The population of drivers listed as other for racial decent makes 1.8 %. This means that our variance is -1.6% 3 VOA. 1/- - - -- F- g . 3 t Corrective Action It is the policy of the Brazos County Sheriffs 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 following table contains data regarding deputies that have been the subject of a complaint, during the time period of 1/1/12 - 12/31/12, 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 Sheriffs 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 1/1/12 - 12/31/12. Com saints Filed for Possible Violations of S.R. 1074 The Texas Racial Profiling Law Complaint Alleged Violation F `s of the Case No. RPC1 Racial Profiling Unfounded I Additional Comments: VA m lie Vol. - -- Pg. .�7 t Summary Statement The findings suggest that the Brazos County Sheriff's Office does not currently experience a problem regarding racial profiling practices. This is supported by the fact that one complaint from community members was received by the Sheriffs Office regarding officer misconduct associated with racial profiling practices. This case was investigated and determined to be unfounded. 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 12.9% 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 Sheriffs Office practices. Thus, allowing for the citizens of Brazos County to benefit from professional and courteous service from their Sheriff's Office. Checklist (1) The following requirements must be met by all law enforcement agencies in the State of Texas: ❑ Clearly defined act of actions that constitute racial profiling ❑ Statement indicating prohibition of any peace officer employed by the Brazos County Sheriff's 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 ❑ Implement 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 ❑ Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2013. ❑ Adopt a policy, if video /audio equipment is installed, on standards for reviewing video and audio documentation Vol. T_/ ?G_. P9._ .I.9_ '-6 M 94: Ir Vol. —17k--- Pg. Department Name: BRAZOS CO. SHERIFF'S OFFICE Agency Number: 041100 BRAZOS CO. SHERIFF'S OFFICE Motor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 331 citation only 2. 8 arrest only 3. 8 both 4. 347 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity: 5 58 African 6. 0 Asian 7. 278 Caucasian 8. 11 Hispanic 9. 0 Middle Eastern 10. 0 Native American 11. 347 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 0 Yes 13. 347 No 14. Total (lines 4, 11, 14 and 17 must be equal) Search conducted? i5. S3 Yes 16. 294 No 17. 347 Total (lines 4, 11, 14 and 17 must be equal) Was search consented? 18. 30 Yes 19. 23 No 20. 53 Total (must equal line 15) (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 %.7 Vol.