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HomeMy WebLinkAbout2006-02-07-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 7 FEBRUARY 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 21: 3. Budget Amendment 05/06-18.1 thru 05/06-18.2. 4. Personnel Change of Status. 5. Payment of Claims. 6. Reinstatement of Brazos County Order 05-011 prohibiting outdoor burning in Brazos County through 6 March 2006 or until cancelled by the Brazos County Commissioners Court. 7. Proclamation 06-003 establishing 18 February thru 15 April 2006 as Walk Across Texas, eight weeks of fun and fitness sponsored by Texas Cooperative Extension. 8. Interlocal Agreement with the City of Bryan for the 2006 Byme Justice Assistance Grant Program Award for use by the Brazos County Sheriffs Office in upgrading the analog in- car video systems to digital. 9. Request from the Sheriffs Office for extended leave with pay for Deputy Tammy Okruhlik-Edwards. Office of the County Judge • 300 East 2e St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 VOL -17 PAGE 4 q Commissioners Court Agenda 7 February 2006 Page 2 10. Contract with Unisys for the planning and relocation for the Information Technology Department and Data Center 11. Tax Refund Applications for the following: a. Willis M. & Flodene Kuhn c. Pete Scamardo b. Bryan Baking, Inc. d. Learon Dove Mack 12. Out of state travel for Sheriff Chris Kirk to attend the National Sheriff's Association 2006 Annual Conference & Exhibit on 17-21 June 2006 in Orlando, Florida. 13. Permission to reject all bids received for Bid 2006-014, Decking Timbers, and re-bid and advertise as Bid 2006-021RB. 14. Award of Bid 2006-015, Bridge Pilings, to Kennedy Saw Mills who submitted the only bid. 15. Award of Bid 2006-017, Materials Hauling, as follows based on best price: Primary Vendor: All 58,420# and 80,000# JP Trucking Secondary Vendor: All 58,420# and 80,000#, 26 thru 80 miles Textran 80,000#; 0 thru 25 miles, and 81 thru 100 miles Brazos Site Works 16. Award of Bid 2006-018, Shop Supplies and Auto Parts, as follows based on best price, past performance and special needs of Brazos County such as availability: Primary Vendor: Napa Auto Parts, College Station Secondary Vendor: Cooks Auto Parts, Bryan 17. Award of Bid 2006-019, Hydrated Lime, as follows based on best price: Primary Vendor: Austin White Lime 18. Award of Bid 2006-020, Asphalt, Oil and Emulsion, as follows based on best price: PrimaryVendor: Cleveland Asphalt for AE-Prime, CRS-2, SS-1 and HFRS-2 Ergon Asphalt for HFRS-2P Secondary Vendor: Cleveland Asphalt for HFRS-2P Ergon Asphalt for AE-Prime, CRS-2, SS-1 and HFRS-2 19. Temporary Blanket Utility Easement for the City of College Station for the Justice of the Peace, Precinct 3 Court. 20. Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Edge Cut Off Road approximately 0.2 mile from its intersection with Shortcut Road for water line installation. Site is located in Precinct 2. VOL-7 7 PAGE 5 O Commissioners Court Agenda 7 February 2006 Page 3 21. Acceptance of the Special Warranty Deed from Gloria Warren Livingston for improvements to Old Reliance Road located in Precinct 2. 22. Acknowledgement of the 2005 annual law enforcement contact data report for the Brazos County Sheriff s Office, as required by the Texas Racial Profiling Law. 23. Acknowledgement of the Monthly Reports submitted in January 2006. These reports are available for review in the County Judge's Office. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Agency / Board / Committee reports by Court members. 27. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. VOL 17 PAGE 51 COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 7, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, February 7, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The Reverend Jones gave the invocation and Commissioner Cauley led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06- 18.1 through 18.2, which would transfer funds from Contingency to Texas Transportation Institute, and reallocate funds for Emergency Management. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget Vol -7 7 Page 6 a, Commissioners Court meeting February 7, 2006 2 amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7015872 through 7016097 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the reinstatement of Brazos County Order 05-011 Prohibiting Outdoor Burning in Brazos County. The current KB index is at 290. Mike Plagans, volunteer fire fighter, stated that the weather pattern has changed. Things are drying out and there are higher winds. All the volunteer fire chiefs are in favor of the burn ban. Commissioner Wassermann asked the Sheriff what they would do about the fires that were lit yesterday and still burning. The Sheriff responded that he would rely on advice from the County Attorney, but would assume those lit Vol --?7 Page S3 Commissioners Court meeting February 7, 2006 3 yesterday would be allowed to continue burning. Commissioner Peters agreed saying his concern is that the conditions are getting bad, but does not think we're in such a shape that fires lit yesterday can't be allowed to continue to burn off. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to reinstate the burn ban. Commissioner Cauley read aloud Proclamation #06-003 proclaiming February 18 - April 15, 2006 as Walk Across Texas. The Court urges all citizens to participate in eight weeks of fun and fitness and participate in Walk Across Texas to increase their physical activity level. On motion by Commissioner Cauley, seconded by Commissioners Peters, the Court moved to proclaim the eight weeks of February 18 - April 15, 2006 as Walk Across Texas" throughout Brazos County. The next matter before the Court was approval of the Interlocal Agreement between the City of Bryan and Brazos County for application for a 2006 Byrne Justice Assistance Grant (JAG). The amount for Brazos County will be $17,817.50. The grant funds will be used by the Sheriff's Office to further the in car video replacement project, which will upgrade the analog video systems to digital. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to enter into an Agreement between the Vol Page SL~ Commissioners Court meeting February 7, 2006 4 City of Bryan and Brazos County for application for a 2006 Byrne Justice Assistance Grant (JAG) and accept the grant funds should they be tendered. The next matter before the Court was consideration of a request submitted by the Sheriff's office for extended leave with pay for Deputy Tammy Okruhlik-Edwards. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Unysis for the planning and relocation for the Information Technology Department and Data Center. The cost to Brazos County will be $71,252.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with Unysis. A copy of the contractual agreement is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Willis M. & Flodene Kuhn, Over Payment $30.10 b) Bryan Baking Inc., Over Payment $1,000.00 c) Pete Scarmardo, Over Payment $5.00 d) Learon Dove Mack, Over Payment $46.78 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund Vol "77 Page 55 Commissioners Court meeting February 7, 2006 applications. 5 The next matter for consideration by the Court was a request submitted by the Sheriff seeking approval for out of state travel for himself. Sheriff Kirk would be traveling to Orlando, Florida to attend the "National Sheriffs' Association 2006 Annual Conference & Exhibition" June 17th through 21st, 2006. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Sheriff and approved payment of out of state travel expense for Sheriff Chris Kirk. The Court next considered a request submitted by the Purchasing Department to reject all bids received for Bid 2006-014 and permission to re-bid as bid 2006-021RB. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered awarding Bid No. 2006-015, Bridge Pilings. Becky Stephens, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Kennedy Saw Mills based on it being the only bid received. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Kennedy Saw Mills. A copy of the bid tabulation is attached. Vol 7 Page 54, Commissioners Court meeting February 7, 2006 6 The Court next considered awarding Bid No. 2006-017, Materials Hauling. Becky Stephens, Assistant Purchasing Agent, made the following recommendations: Primary Vendor: all 58,420 lbs. and 80,000 lbs - JP Trucking Secondary Vendor: all 58,420 lbs and 80,000 lbs 26 through 80 miles - Textran 80,000 lbs. through 25 miles and 81 through 100 miles - Brazos Site Works. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-018, Shop Supplies and Auto Parts. Becky Stephens, Assistant Purchasing Agent, made the following recommendations: Primary vendor: Napa Auto Parts, College Station Secondary Vendor: Cooks Auto Parts, Bryan On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendations of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is Vol -27 Page 57 Commissioners Court meeting February 7, 2006 The Court next considered awarding Bid No. 2006-019, Hydrated Lime. Becky Stephens, Assistant Purchasing Agent, made the following recommendation: Primary Vendor: Austin White Lime On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-020, Asphalt, Oil and Emulsion. Becky Stephens, Assistant Purchasing Agent, made the following recommendations: Primary Vendor: Cleveland Asphalt for AE-Prime, CRS-2, SS-1 and HFRS-2 Ergon Asphalt for HFRS-2P Secondary Vendor: Cleveland Asphalt for HFRS-2P Ergon Asphalt for AE-Prime, CRS-2, SS-1 and HFRS-2 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendations of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The next matter before the Court was consideration of a Vol "77 Page 6 8 Commissioners Court meeting February 7, 2006 g temporary blanket utility easement for the City of College Station for the Justice of the Peace, Precinct 3 Court. This is to allow the City of College Station to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the property. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the temporary utility easement. A copy is attached. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore in the right-of-way of Edge Cut Off Road approximately 0.2 mile from its intersection with Shortcut Road for water line installation. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Vol -17 Page 517 Commissioners Court meeting February 7, 2006 q Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Gloria Warren Livingston for the expansion and improvements to Old Reliance Road. The next matter before the Court was the acknowledgement of the 2005 annual law enforcement contract data report for the Brazos County Sheriff's Office, as required by the Texas Racial profiling Law. The Court acknowledged receipt of the Extension Service reports for December 2005 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 3 Constable Precinct 4 Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Vol 7 Page ,60 The foregoing minutes of the Commissioners Court meeting held February 7, 2006 have been examined and are approved in open Court this the 4L day of2006, in Bryan, Lloyd Wassermann Commissioner, Precinct 1 C,\ Duane Peters Kenny Mallard Commissioner, Precinct 2 Commissioner, Precinct 3 0, - vz'- / areY Ca le YJr. ~ Commiss'0ner, Precinc 4 Attest: Karen McQueen County Clerk Vol 7 7 Page b a- Brazos County, Texas. r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~ 2006 AT 'C)a • Name Organization/Dep i?enment l VOL 7 7 PAGE 63 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 'I 200,5-AT 1c~ Name ent \ ~J~Ct, X/ l-f h l-L i VOL 27 PAGE -(D nization/D #3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-18.1 thru 05/06-18.2 On this the 7'h day of February 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 7 February 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazes County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 7'h day of February 2006. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. B rlj,P Ran y S' S, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL '77 PAGE &S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 18.1 717/1 M6 FD 0100 0100 DIV 11001500 11002000 ACCT 61130000 73550000 PROJ DR/C CR DR ACCOUNT NAME Contin enc Texas Trans ortation Institute Increase 6,250.00 Decrease 6,250.00 Contingency - To move funds from contingency for the support of Texas Transportation Institute The Interagency Contract was si ed b the Coun Jud eon 7/12/05 and wil l terminate on 3/31/06.. VOL 77 PAGE 6 lp BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -18.2 2/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 51610000 CR Hourly - Staff 280.00 0100 3550010 51730000 DR Cell Phone Allowance 280.00 Emergency Management: To re4llocate funds to rovide a cell hone allowance for Chuck Frazier, Emer enc Mana ement Coordinator. VOL 77 PAGE 67 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 7, 2006 Department Submitting Information: Human Resources pose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Gibbs, Ernest Retirement Woods, David Promotion Commissioners Court Allen, Lynn New Hire District Clerk Dunlap, Samantha Feagley, Alicia New Hire Transfer within Dept. Emergency Management Frazier, Charles Cell Phone Allowance JP Pct. 1 Manry, Lorraine Retirement TJPC - Community Corrections Farmer, Christopher New Hire TJPC - State Aid Manning, Jeffrey State Stipend SO/Jail Walker, Reginald Transfer within Dept. Road & Bridge Twitty, Albert Salter, Clifton Bass, Anthony Retirement Promotion Promotion Approved in Commissioners' Court: February 7 200 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) " VOLZPAGE 69' BRAZOSCOUNTY BRYAN, TEXAS Reinstatement of Brazos County Order 05-011 Prohibiting Outdoor Burning in Brazos County Effective immediately, the ban on outdoor burning as established with Brazos County Order 05-011 is reinstated until 6 March 2006 or until cancelled by the Brazos County Commissioners Court. APPROVED NOT APPROVED: Rand Sims, County u ge date Office of the County Judge • 300 East 2& St. • Suite 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 VOL 77 PAGE 69 GMS APPLICATION NUMBER (Mandatory) INTERLOCAL AGREEMENT BETWEEN THE CITY OF BRYAN AND BRAZOS COUNTY For 2006 Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into by and between the City of Bryan, Texas (hereinafter referred to as "Bryan"), a Texas Home Rule Municipal Corporation, acting through its City Council; and Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court. WHEREAS, Bryan, and the County wish to submit a joint application for grant funds under the U.S. Department of Justice' 2006 Byrne Justice Assistance Grant (JAG) Program; and WHEREAS, in order to submit said application, Bryan and the County are required to enter into an interlocal agreement indicating one joint applicant to serve as the applica Wfiscal agent for the joint funds; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the IN7ERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party, and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan agrees to provide the County $17,817.50 from the JAG award for Technology Enhancement Program; and WHEREAS, Bryan shall use their $17,817.50 from the JAG award for Technology Enhancement Program; and WHEREAS, Bryan and the County believe it to be in their best interest to reallocate the JAG funds as described above. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: VOL-77 PAGE 70 Bryan agrees to pay the County a total of $17,817.50 of JAG funds. 2. The County agrees to use $17,817.50 for the Technology Enhancement Program until 03/31/10. Bryan agrees to retain a total of $17,817.50 of the JAG funds. 4. Bryan agrees to use $17,817.50 for Technology Enhancement Program until 03/31/10. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 6. By entering into this Agreement, the parties do not intend to create any obligations expressed or implied other than those set out herein; fiuther, this Agreement shall not create any rights in any party not a signatory hereto. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 8. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 9. Effective Date and Term. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until 03/31/10. 10. INDEMNIFICATION: Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 11. CONSENT TO SUIT: Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 12. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. VOL 27 PAGE 7 / 13. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. City of Bryan: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 Brazos County: County Judge Brazos County 300 East 29* Street, Suite 114 Bryan Texas 77803 14. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 15. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 16. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 17. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America.. 18. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 19. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. VOL '77 PAGE 72- 20. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 21. Assignment This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 22. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. V®L77 PAGE 73 EXECUTED this the day of 2006 by CITY OF BRYAN. CITY OF BRYAN ERNEST WENTRCEK Mayor ATTEST: APPROVED AS TO FORM: Mary Lynn Strata City Attorney City Secretary STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared ERNEST WENTRCEK, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A.D. 2006. Notary Public, State of Texas My Commission Expires: _ day of 5 VOC? 7 PAGE 7 EXECUTED this the Wl- day of 2006 by BRAZOS COUNTY. COUNTY OF BRAZOS ATTEST: 4: Y Coumy dge APPROVED AS TO FORM: Karen Queen Coun l for Brazos County County Clerk STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared c$iiKlr~ County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND A.D. 2006. SEAL OF OFFICE this 'I~L- day of Ldo- Notary Public, State of Texas My Commission Expires: tBBIE tACKLEDCie ~arMrrueucarMEarmua cornaiw ccnoFu JULY 8. 2007 I(el VOL 77 PAGE -IS Agreement Number 1 05120016 • UNISYS Master Agreement for Products and Services This Master Agreement for Products and Services is between Unisys Corporation, a Delaware corporation, with offices at Unisys Way, Blue Bell, Pennsylvania 19424 ("Unisys") and: Client Name and Mailing Address Brazos Countv 300 East 26th Street Suite 117 TX 77803 This Agreement consists of the terms and conditions on pages 1 through 5 and those of the following checked documents: 4305 4931-006 43054933-006 4305 4934-001 4305 4940-005 43054942-002 4305 4944-002 4305 4935-001 4305 4936-002 4305 5383-002 4305 7940-002 4305 7942-003 4305 7944-001 4305 7975-002 4305 7983-001 Equipment Sale Schedule Software License Schedule Information Services Schedule Support Services Addendum Support Services Schedule Support Services Schedule for Desktop Equipment Systems Integration Addendum State and Local Government Addendum Statement of Work OS2200 Metering Software Schedule MCP Metering Software Schedule NDP Measured Software Schedule Application Software Support Services Addendum Application Support Services Schedule The parties acknowledge they have read and understand this Agreement (pages 1 through 5, including all checked and attached schedules and addenda) and are not entering into this Agreement on the basis of any representations not expressly set forth in it. Signature) r f(C,,,ay 3 -P (Date) Printedllyped na ) / C -7co P Title) r 1 of 5 4305 3982-014 (1105) VOL?7 PAGE Agreed and Accepted UNISYS Master Agreement for Products and Services Terms and Conditions Intending to be legally bound by this Master Agreement for Products and Services (called the "Agreement"), Client and Unisys agree the following terms will apply to any order placed by Client and accepted by Unisys Corporation for the sale of equipment, for services provided, and for the license of software to Client under this Agreement. This Agreement does not obligate Client to place an order nor does it obligate Unisys to accept an order. Section 1 - Definitions 'Confidential Information" is Software, diagnostics, support materials, documentation, and any other information and materials confidential to Unisys, its licensors, or Client. A "non Unisys Product" is an item of another manufacturer, supplier or publisher. A non Unisys product does not have a Unisys trademark. An 'Order" is an order, statement of work, purchase order, or a Unisys schedule submitted by Client and accepted by Unisys. A "Product" is equipment, Software, Software maintenance releases and updates, and documentation (induding manuals and educafion materials but not maintenance materials or tools) provided by Unisys under an Order. "Services" are any work provided by Unisys under an Order. 'Software' is the object code version of computer programs, any image enabler, license or performance key, any source code version that Unisys may provide, and any documentation related to the programs, excluding maintenance materials. Software includes microcode that is not permanently fixed in equipment. A 'Unisys Product" is an item that Unisys manufactures or has manufactured for it A Unisys Product bears the Unisys trademark. Section 2 - Effective DatelOrdering Procedure A binding contract between Unisys and Client for the sale and purchase of Products or Services or the license of Software under this Agreement begins on the later date when signed by both Client's authorized representative and an authorized representative of Unisys. Unisys will assign an agreement number ("Agreement Number") to identify this Agreement. Unisys may give information to Client concerning equipment, services, or software licenses that Client may wish to purchase from Unisys ("Quotes"). Quotes do not obligate Client or Unisys. Client may order Products or Services under this Agreement by giving orders to Unisys that reference the Agreement Number. When Client submits an order to Unisys, Client will pay Unisys any down payment or deposit shown in the order. Unisys may accept or decline Client orders. If Unisys declines Client's order, Unisys will return any down payment or deposit that Client paid Unisys with the order. This Agreement will apply to Orders and its terns will replace any preprinted terms contained in Client's Order. Unisys agrees to sell to Client the equipment, license the Software, and provide the Services, described in an Order. Unisys may substitute equal or better Product(s) on any Order. Section 3 - Delivery and InstallationlTransfer of Title Each Order will require or authorize Unisys to ship Products to Client. Client will pay the applicable Unisys transportation charges, if any. Unisys will keep the risk of loss or damage to the Product until the Product is delivered to the location designated by Client. Title to equipment shall pass on delivery to the carrier. Unisys will provide Client with one (1) copy of any environmental specifications and the customary user documentation for the Products. Client will install the Product(s) unless Client's Order includes installation Services or Unisys includes installation with the Product(s). Client will prepare and maintain the proper operating environment for the Products during any applicable warranty and Service period. If Unisys agrees to install a Product, Unisys will perform installation work during Unisys normal working hours. Client will pay for any site-specific installation materials for any installation by Unisys including any cables and special rigging and labor (induding any costs to meet union or local law requirements). Section 4 - Payment Unless the Order includes a different billing schedule, Unisys will invoice Client for: (a) Products, upon shipment; (b) maintenance plan Services and other recurring charges (other than usage charges), annually in advance; and (c) usage charges and other Services, as Client incurs the usage charges or as Unisys provides the Services. Client will also pay any applicable Unisys charges (including charges for travel, lodging, and out-of-scope services) that Unisys has brought to Client's attention prior to acceptance of the Order. Client will pay invoices within thirty (30) days after the invoice date. Unisys may impose a late payment charge of 1-1/2% per month or, if less, the maximum rate allowed by law on all past due outstanding balances. Prices are exclusive of all taxes. Except for taxes on the net income of Unisys and any tax from which the relevant taxing authority determines Client is exempt, Client shall be liable for and account for all charges, taxes (including any sales tax, use tax, value added tax or any equivalent local tax or government charge) in respect of any of the Products or Services, or their use, sale or license. Section 5 - Security Interest Unisys will keep an interest (called a purchase money security interest) in equipment it sells Client until Client pays the purchase price. This Agreement is a security agreement. Client authorizes Unisys, or someone on Unisys behalf, to sign and file the necessary financing statements for Client. Unisys may also file a copy of this Agreement wherever necessary to protect its security interest. Unisys shall terminate such security interest upon Client's payment in full for such equipment. Client shall not, prior to payment in full to Unisys, sell, transfer, or otherwise dispose of the Product. In the event that Client does dispose of the Product prior to payment in full to Unisys, Client shall hold the proceeds in trust for Unisys. Section 6 - Client Responsibilities The parties agree that: (a) Client has independently determined that the Products and Services ordered under this Agreement meet its requirements; (b) Client will use the Products according to the manufacturers' instructions in the proper environment; (c) Client will bads up information stored or processed by Products on computer- readable media that Client can easily restore if the information is lost or damaged from any cause; (d) Client is responsible for any results produced by the Products and Services; and (e) Client will comply with all applicable government export control laws and regulations. If Unisys is providing maintenance Support Services, Client will: (a) maintain the proper operating environment for Products; (b) provide adequate working and storage space for use by Unisys personnel near the 2 of 5 4305 3982-014 (1/05) VOL 77 PAGE equipment; (c) provide Unisys access to the equipment and sufficient computer'fime, subject only to Client's security rules; (d) follow Unisys procedures and instructions for operator maintenance and obtaining services; (e) provide a memory dump and additional data in machine readable form if requested; (f) reproduce suspected errors or malfunctions in Software; and (g) install available error corrections and maintenance releases authorized by the manufacturer on a current basis. Section 7 - Confidential Information Each party will use the same measures it uses for its own information of a similar nature, but not less than reasonable measures to protect Confidential Information provided by the other party under this Agreement from unauthorized use or disclosure and to restrict its use according to this Agreement. Title or the right to possess Confidential Information will remain with the disclosing party. All materials containing Confidential Information will be marked "Proprietary," "Confidential," or in a manner which gives notice of its confidential nature. Confidential Information will not be copied, in whole or in part, except when essential for authorized use under this Agreement. The parties agree to reproduce all notices on any copies made, including on storage media. If Confidential Information is disclosed in other than tangible form, the disclosing party will provide a written description of that Confidential Information to the recipient within twenty (20) days of the disclosure. The obligations stated in this Section do not apply to Confidential Information: (a) already known to the recipient at the time of disclosure; (b) independently generated by the recipient and not derived from the Confidential Information supplied by the disclosing party; (c) publicly known or available, except where such knowledge or availability is the result of unauthorized disclosure by the recipient of the Confidential Information; (d) disclosed to the recipient without a similar restriction by a third party who has the right to make such disclosure; or (e) required to be disclosed by the recipient by law, regulation, court order, or other legal process, provided the recipient provides, to the extent possible, reasonable advance notice to the other party of the impending disclosure. When this Agreement or an Order terminates or expires, or upon request, the recipient agrees to return or destroy (and certify in writing destruction of) Confidential Information furnished in connection with the Agreement and/or the Order(s), including all copies made, and all writings, descriptions and summaries involving or based on such Confidential Information. Unisys and Client agree to continue with these confidentiality obligations after this Agreement ends. Client acknowledges that all support materials, including without limitation, diagnostic software and tools, are Confidential Information of Unisys and will be used only by Unisys maintenance personnel. This provision applies even though such materials may be listed in the Unisys price lists, catalogs, invoices or contracts. Section 8 - Diagnostic Tools For ease of service, Unisys may store proprietary and confidential diagnostic tools, software, and documentation, whether in printed or electronic form, (collectively called 'Tools") at Client's site or within a Product. These Tools may be pre-loaded on Client's equipment or embedded in a Product before delivery. Unisys does not license these Tools to Client. Unisys does not give Client or anyone else permission to access, monitor, use, copy, distribute, or change these Tools. Unisys acknowledges that during routine system back-ups, Client may not easily avoid copying software Tools and, to this extent, the copies are permitted provided Client protects these Tools as Unisys Confidential Information and Client does not remove any proprietary markings. Unisys may remove these Tools at will and Client gives Unisys permission and access to Client's site to do so. Section 9 - License Unisys either licenses Software directly or distributes Software that is licensed by another party. In either case, Client does not obtain ownership of Software. If Unisys distributes a Software Product with a separate license agreement that license agreement alone will apply to the Product; otherwise, the following license terms will apply. Unisys licenses each purchased copy of the Software and documentation on a personal, non-exclusive and non-transferable basis for Client's internal use in the United States but not as a service bureau, nor for outsourcing, nor for facilities management. Unisys licenses the Software solely for Client's use on a single machine unless the ordered Unisys license plan provides otherwise. Client may use the Software temporarily on a backup machine provided the Software is used on only one (1) machine at a time and Client removes the Software from the backup machine promptly after each temporary use. Client will not copy Software or documentation except for one (1) archival copy of the Software, which must bear all the legends and notices of the original item. No license is granted to Client -to use any Unisys proprietary Software to assess, test, or develop any hardware products or device handier software, operating system software or hardware diagnostic software that will be marketed by Client or others for compensation. Client may develop other software programs and may test fully-developed, commercially-available third party hardware products or software programs where such testing is solely intended for Client's internal evaluation of the fitness of such product or program for Client's own internal data processing purposes. Client will not decompile, reverse engineer or disassemble Software, except as permitted by law. Upon notice to Client, Unisys may audit Clients use of the Software to determine Clients compliance with this license provided Unisys complies with Client's customary security rules and does not unreasonably interfere with Client's permitted use, and in such event, Client agrees to provide relevant information and reasonable facilities. Client or Unisys may end any license at the dose of the applicable license period by giving thirty (30) days prior written notice, or else the license will continue for another like period, subject to all the terms stated herein, at Unisys then-current charges. For Software licensed by Unisys, each such license ends when Client stops using the equipment on which the Software was first licensed. When a license ends, Client will destroy (and, in writing, certify destruction) or return to Unisys all copies of the corresponding Software (including copies on the equipment), documentation, and any other related Confidential Information in Client's possession that was provided under the license. Federal Government Use of Software - The Software and any accompanying documentation are commercial items that have been developed entirely at private expense. They are delivered and licensed as commercial computer software and commercial software documen- tation within the meaning of the applicable acquisition regulation(s). This license shall prescribe exclusively the Government's use and disclosure of the Software and documentation. Section 10 - Equipment Warranties Equipment may be new, newly manufactured, or assembled from new or serviceable used parts that are like new in performance. Unless the Order or the Unisys Limited Warranty Statement that accompanies the equipment provides a different warranty period, and excluding equipment provided "AS IS", Unisys promises that Unisys branded equipment will be free from defects in material and workmanship, will be Year 2000 Ready, and will substantially conform to relevant Unisys published specifications for twelve (12) months after shipment to Client. Unisys will repair or replace, at its option and expense, items of equipment that do not meet this warranty provided Client reports the problem to Unisys during the warranty period. Unisys may fulfill 3 of 5 4305 3982-014 (1105) VOL~_PAGE ~7 S' warranty obligations at a Unisys designated site or depot and, when applicable, Client agrees to send equipment to the Unisys site at Client's expense and risk. Unisys will return the equipment at Unisys expense and risk if the equipment was defective. Replaced items, whether under a warranty or Service event, become Unisys property. This warranty does not extend to damage caused by normal wear and tear, accident, misuse, disaster, improper supplies or alterations, attachments, parts or repairs not provided or authorized by Unisys. Section 11- Software Warranties Unisys promises that Unisys Software that is designated "W" within a Software License Schedule will conform substantially to the then- current published functional specifications and will be Year 2000 Ready for ninety (90) days from Client's receipt provided Client uses it property. Unisys will provide a workaround or correction for material errors in Unisys Software that prevent its use in a production environment, provided that Client reports the problem in writing to Unisys during this warranty period. This warranty does not extend to non-conformities resulting from•accident, misuse, disaster, or alterations or modifications not provided or authorized by Unisys. Section 12 - Unwarranted/AS IS Unisys and Non Unisys Products and Services Unisys provides all non Unisys equipment and non Unisys Software and all Software not designated "W" within a Software License Schedule and Unisys Software licensed to Client after the initial license period (whether under a renewed or subsequent license) "AS IS" and without Unisys warranty. Non Unisys manufacturers, suppliers, or publishers may provide their own warranties or remedies to Client. For non Unisys Products, Client agrees to look solely to any warranties and remedies provided by these non Unisys manufacturers, suppliers, or publishers. Client agrees that Unisys will have no liability for any third party products or services that it may acquire from a third party even if Unisys recommended these products or services to Client. Section 13 - Services Warranties Unisys has the ability to perform the Services and Unisys will provide suitable resources to perform the work according to the description of Services, including any Ordered maintenance Service plan. All Services exclude damage repair or correction of defects or errors related to: (a) time and date data functionality for Unisys Products not designated Year 2000 Ready or non Unisys Products not Year 2000 Ready as initially manufactured; and, (b) supplies not obtained from Unisys, and (c) design, manufacture, materials or workmanship related to non Unisys products and services, or Product(s) for which Unisys has discontinued engineering support; and (d) unauthorized alterations or attachments; and (e) intentional damage caused by non Unisys personnel. In addition, Services exclude replacement of supplies expended during normal operation (including batteries, ink and other consumables). Section 14 - No Other Warranties Except as described in this Agreement or an Order, Unisys makes no other warranties. TO THE EXTENT PERMITTED BY LAW, UNISYS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR PRODUCTS AND SERVICES. Unisys warranties extend solely to Client. The following language relates only to Products subject to federal or state consumer warranty laws: if the disclaimer of implied warranties does not apply to Client, Unisys limits the length of these warranties to the applicable Unisys warranty period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Client. This warranty gives Client specific legal rights, and Client may also have other rights, which vary from state to state. Section 15 - Maintenance Service Description According to the service plan ordered by Client, Unisys will, with respect to covered equipment and Software, use commercially reasonable efforts to: (a) diagnose and repair equipment that does not work according to the manufacturer's specification because of normal wear and tear, provided the equipment is in good working order at the start of the Unisys services, properly configured at the minimum hardware and software levels designated by Unisys, and Client complies with the manufacturer's instructions for the proper use, care, supplies, and environment for the equipment. (b) diagnose and provide to Client workarounds or corrections for (i) material defects in the currently-supported version(s) of Unisys proprietary Software that prevent Client's use of this Software in a production environment; and (ii) non Unisys Software where the manufacturer makes subh support available to Unisys for Client's benefit under a valid license. Client must give Unisys prior written notice of any proposed changes (including alterations or attachments to equipment, software, components, boards or subassemblies) to Products covered by a Unisys warranty or enrolled in a Unisys Service plan. Unisys has no obligation to provide maintenance Support Services for changed equipment or Software. Unisys may agree to maintain, support or correct such changed Products for an additional charge. Section 16 - Limitation of Liability If Unisys does not meet its obligations under either this Agreement or any Order then, despite the basis on which Client may be entitled to recover from Unisys, the parties agree that Unisys and its subcontractors and suppliers are only liable for: (a) payments described in Section 17, Patents and Copyrights for claims of infringement or misappropriation; and (b) actual direct loss or damage, up to the greater of $100,000 or the charges paid for the Product or Service that is the subject of Clients claim during the twelve (12) month period immediately prior to such claim; except that for any defective non Unisys Products provided under this Agreement, Unisys maximum liability is a refund of the amount paid to Unisys for such Products (not including any amounts paid for related Services) returned to Unisys within ninety (90) days after shipment. The parties also agree that Unisys and its subcontractors and suppliers will not be liable for: (a) claims against Client from others except for claims described in Section 17, Patents and Copyrights; (b) loss of, or damage to, information or data from any cause; and (c) indirect, incidental, special, punitive, or consequential damages (including lost profits or savings), even if Unisys knows or should have known of the possibility of these damages. Notwithstanding the foregoing, Unisys agrees to defend and indemnify Client against claims for damage to tangible property (but not loss or damage to information or data) or injury to persons, including death, to the extent directly caused by the negligent acts or omissions of Unisys. The following language relates only to Products subject to applicable federal or state warranty laws: Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Section 17 - Patents and Copyrights Unisys will defend Client from claims that a Unisys Product infringes a United States patent or copyright or misappropriates a trade secret protected under United States law, provided Client: (a) promptly gives 4 of 5 4305 3982-014 (1/05) VOL7- PAGE -7 5 Unisys written notice of the claim; (b) gives Unisys control and authority to defend and/or settle the claim; and, (c) gives Unisys its cooperation in defense of such claim. Unisys will pay the costs of the defense and any settlement or damage award for the claim(s). If a claim is made or Unisys believes a claim is likely to be made, Unisys may, at its sole discretion, obtain the right(s) to allow Client to continue to use the Product or Unisys may replace or modify the Product. If Unisys determines that these choices are not available on reasonable terms, Client will, upon Unisys request, stop using the Product and return it to Unisys, whereupon any applicable license and charges for the Product will end, and Unisys will give Client a credit for the price paid to Unisys, less a reasonable charge for past use by Client and/or Product depreciation. Unisys has no obligation under this Section for any claim from Client, a legal entity related to Client, or any claim based on: (a) Client's design or modification of a Product; (b) Client's use of a Product in combination with anything that Unisys did not provide to Client; or, (c) a non Unisys product alone. This Section states Unisys entire liability and Client's sole and exclusive remedies for patent and copyright infringement or misappropriation and trade secret misappropriation. Section 18 - Ideas Any ideas, concepts, know-how, data processing techniques, Software, documentation, diagrams, specifications, schematics or blueprints developed by Unisys personnel (alone or jointly with Client) in connection with the Services will be and remain the property of Unisys. Subject to payment of any license fees required under the Agreement, Unisys grants Client a non-exclusive license to use any of the foregoing in accordance with the terms of the Agreement. Section 19 - Termination and Cancellation Either party may cancel an Order if the other does not meet the material terms of that Order or this Agreement, provided the party who is not meeting its obligations receives written notice and at least thirty (30) days to comply with those obligations. Unisys may suspend Services, cancel an Order, and repossess Products (excluding only equipment for which the purchase price has been fully paid) if Client fails to pay any overdue payment within ten (10) days after Client receives written notice. Unisys may terminate maintenance Support Services on thirty (30) days prior written notice if Unisys determines that any alterations, attachments, Client Software modification or failure to install a maintenance release will interfere with Service provision. Unisys may terminate maintenance Support Services or change the terms of support to Client for a Product on the earlier of (a) ninety (90) days notice via written notification or posting by Unisys at its support website www.service.unisys.com or (b) at the expiration of the then-current term for those Support Services. Either party may terminate any license for Software or any Support Services upon expiration of the applicable term upon thirty (30) days prior written notice. The license or service will renew or extend in accordance with the provisions of this Agreement, if such notice is not given. The licenses for any Software automafically terminate upon Client's discontinuance of use of the equipment on which the Software was licensed, at which time Client must either destroy or return the Software and documentation to Unisys. Upon termination or cancellation of Support Services, all Tools will be returned to Unisys. Any terms of the Agreement that by their nature extend after the end of the Agreement will remain in effect until fulfilled. The rights or duties relating to protection of Confidential Information, indemnities, security interests, or compliance with export regulations will survive termination or cancellation of this Agreement. Section 20 - Dispute Resolution Either party may resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("dispute"), on a confidential basis according to the following process, by first delivering a written notice describing the dispute and the amount involved ("demand") to the other party. (a) Mediation - After receipt of a demand, either party may start mandatory non-binding mediation before a single mediator, under the commercial mediation rules of the American Arbitration Association (AAA). (b) Arbitration - If the dispute remains unresolved forty-five (45) days after the receipt of the demand, either party may start binding arbitration before a single arbitrator, under the commercial arbitration rules of the AAA. No statements by, or communications between, the parties during negotiation or mediation, or both, will be admissible for any purpose in arbitration. The arbitrator(s) will have no authority to award punitive damages, and their decision must be consistent with this Agreement. Each party will pay its own expenses and attorney's fees. Either party may use a court of competent jurisdiction to (a) enforce an arbitration award; (b) seek temporary equitable relief to protect its interests; or (c) recover specific property, including an action in replevin. To the extent permitted by law, no action related to this Agreement may be brought more than two (2) years after the cause of action first accrued, except if a demand is made within forty-five (45) days before the end of this two (2) year period, the parties shall have an additional sixty (60) days from the demand to start mediation under this Agreement. Section 21- Other Provisions Client and Unisys will tell their agents of their obligations under this Agreement. Unisys will excuse any failure that is beyond Client's reasonable control and Client will excuse any failure that is beyond Unisys reasonable control, except that Client shall not be excused from making payments when due. Any failure or delay by Client or Unisys in exercising any right or remedy will not be a waiver. If any provision of this Agreement should be declared invalid, the remaining provisions will continue to have effect. This Agreement, documents expressly incorporated by reference in this Agreement, and any Orders under this Agreement, are the entire agreement between Client and Unisys for the Products and Services under that Order and supersede all prior related proposals, agreements, and all other communications between Client and Unisys. THE LOCAL LAW OF THE COMMONWEALTH OF PENNSYLVANIA WILL GOVERN THIS AGREEMENT, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. Only a Unisys Vice President, General Manager, or Contracts Manager is authorized to make any change to this Agreement or an Order. Client may not assign or transfer Client's rights or obligations under this Agreement without the prior written consent of Unisys. Unisys may subcontract Services to third parties. Client shall send all notices to the Unisys office that services Client and, for notices under Sections 17, 20 and requests for information under Section 5, provide a copy to the Unisys Office of the General Counsel, Unisys Way, Blue Bell, PA 19424-0002. VOC PAGE 8© 43053982-014(1/05) Agreement Number UNISYS Supplemental Schedule Order 05120016 Client Brazos County, 300 East 26th Streert Suite 117, Bryan, TX 77803 Description of Products/Services This Order consists of the Products and/or services described on the forms listed and checked below: Check If Number Total dollars Form number Description applicable of pages 13 4305 4931-006 Equipment Sale Schedule 4305 4933-006 Software Licenses Schedule 4305 4934-001 Information Services Schedule 4305 4940-005 4305 4942-002 4305 4944-002 4305 4935-001 4305 4936-002 4305 5383-002 4305 7940-002 4305 7942-003 4305 7944-001 4305 7975-002 4305 7983-001 4305 4022-000 Support Services Addendum Support Services Schedule Support Services Schedule for Desktop Equipment Systems Integration Addendum State and Local Government Addendum Statement of Work OS2200 Metering Software Schedule MCP Metering Software Schedule NDP Measured Software Schedule Application Software Support Services Addendum Application Support Services Schedule Additional Terms and Conditions This Supplemental Schedule Order ("Order") is placed under the Agreement identified by the Agreement Number listed above. Unisys may accept or decline this Order. The terms and conditions of the Agreement will govern this Order. If there is no Agreement Number listed above when Client signs this Order, the Order will be governed by the Agreement that is identified below and attached to this Order, and Unisys will assign an Agreement Number upon its acceptance of the Order. Agreement title and form number (complete only if there is no Agreement Number in the block above) Agreed and Accepted Unisys axiorll Client: Brazos County t,Z VOL-77 PAGE 91 43056209-009(9/05) Agreement Number' ' UNISYS Equipment Sale Schedule 05120016 Equipment Location Brazos Coujty, 300 East 26th street Suite 117, Bryan, TX 77803 List of Products Applicable to this Agreement ham Style Deapiplion Waraxty Quantity (Ind purchase pad Installation Total purchase no, price in" charge price abla 1 Relocation Services 1 71,252 71,252 Reference presentation October 20, 2005 Page subbtal- Pagesubtotal - Installation chage Purch ss price $ $ 71,252 Total installation charge Total purchase prom, Call-Home Option Pricing - Pricing far certain Unisys servers reflect a discount for enablement of the call-home feature for $ $ 71,252 warranty service. For those servers designated as being furnished with the cell-home feature, Client acknowledges and agrees that flue by Client to enable the call-home feature may result in additional charges to Client Forpurposes ofthis Schedule: 'PPii' means 8:00 AM to 5:00 PM, Clients local time, Monday through Friday, excluding Unisys designated holidays; Installation Delta' means (a) for equipment installed by Unisys, the date Unisys completes installation or (b) for equipment installed by Client, the tenth day following shipment to Client; and 'Support Center Services' is assistance provided by electortic or voice communication during the PPM on operating the Equipment, identifying enters or malfunctions and advising on known detours, and determining the need far on-call remedial service. During non-PPM hours, t will consist of expediting response to network down and system emergencies. Some non Unisys products are not included in this service. $ 71 Less: doer payment E Total amount due $ 71 Service Warranty Unisys provides a Service Warranty for equipment designated A, B, C, D, H or P in the Warranty column. Support Center Services are included in the Service Warranty for Client Installable equipment for ninety (90) days from the Installation Date. The Service Warranty also includes Mail-fin Service, Equipment On-Call Remedial Maintenance or parts exchange according to the fallowing descriptions: a) For equipment designated W that is within 50 miles (80 kilometers in Canada) of the center of a Unisys Primary Service City, Unisys will mace every reasonable effort to respond to requests for on-site service within four (4) hours provided the request is received no later than four (4) hours prior to the end of the PPM (4 Hour Response). b) For equipment designated 'A' that is more than 50 miles (80 kilometers in Canada) from the center of the nearest Unisys Primary Service City and for equipment designated 'B,' Unisys will make every reasonable effort to respond to requests far on-site service received during a PPM no later than the next PPM (Next Business Day Service). c) For equipment designated 'C," Unisys will make every reasonable effort to respond to on-site service requests two (2) business days from hall placement during the PPM (Second Day Service). d) For equipment designated 'D,* each unit shipped or brought to the Unisys designated location at Client expense and risk will be repaired or exchanged by Unisys within seven (7) business days after receipt (Mai-In Service). a) For equipment designated *Fr that is within 50 miles (80 kilometers in Canada) of the center of a Unisys Primary Service City, Unisys will make every reasonable efortto respond to requests for on-site service within four (4) hours. For equipment designated W that is more than 50 miles (80 kilometers in Canada) from the center of the nearest Unisys Primary Service City, Unisys wlll make every reasonable effort to respond to requests for on-site service received during a PPM no later than the next PPM (Next Business Day Service). Q For equipment designated 'P,' Unisys will provide, on an exchange basis, replacements for defective parts provided that Client complies with Unisys or Unisys supplier's then-current exchange policies and instructions for obtaining and instating replacement parts and retuming failed parts. The number immediately fallowing the A, B. C. D, H or P designation identifies the number of months, fallowing the Installation Date, that the Service Warranty, will be performed. VOL 77 p1,Ur Q P, 43054931-006(6/05) Agreement Number UNISYS Additional Terms and Conditions 05120016 Client name and address Date Brazos Countuv. 300 East 26th Street Suite 117. Brvan. TX 77803 1/26/2006 Unisys and Client hereby amend the above referenced Agreement by adding the following terms and conditions, consisting of paragraphs 1 through 21 on pages 1 through 1. 1. These added terms and conditions will apply only to the Products and Services ordered under and concurrent with the effective date of either the attached Agreement or the attached Supplemental Schedule Order, whichever one expressly references this form, and not to any other order for Products and/or Services unless specifically agreed upon in that written order. 2. Unisys billing will be processed after the County has approved the Unisys Customer Certificate of Project Completion. Draw a the across the last page after the last paragraph of this amendment. Reference this form and its Date on, and attach it to, the applicable Supplemental Schedule Order or, tt none, the Agreement. 4305 4022-000 (3/98) VOL 77 PAGE 93 BID TABULATION 2006-015 R ~IpLg PILINGS F'[~RUA1 Y,'f 2,,006 - FI*BOIJARY 14 2007 btk§ *KENNEDY SAW MILLS SHREVEPORT, LA DESCRIPTION EST UNIT PRICE UNIT PRICE F.O.B. F.O.B. SUPPLIER BRAZOS CO 18" BUTT, 20' LONG 10 186.16 190.00 18" BUTT, 25' LONG 10 211.22 215.81 18" BUTT, 30' LONG 30 254.92 260.26 18" BUTT, 35' LONG 200 278.78 285.69 8" BUTT, 35' LONG 50 N/B N/B DELIVERY IN DAYS: 30 - 60 Days *Quoted 12" T from butt as per Mr. Vance, which the State Spec's called for. Truckload lots are 46,000 lbs. Smaller amounts will have a small extra charge. RECOMMENDATION: Kennedy Saw Mills, Inc. COURT APPROVAL: APPROVAL DATE: VOL `)7 PAGE 94 C3 O O o z 0 ~ 119 ~ 0 O W O o 0 ~ N O lVfi ~ N O O N ~ O 1l) N O pOp~! 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Fi LL 4 F N m a VOL 77 PAGE9 7 F "m w ° ' p o °W vNi oW oW . _ T n r I 1 O y ' , O , , N , , N N . a O D OF . o v . - N N Q ~ N N N I N N N ' N N } UW. O ~ W m N N ~ i'D y ~ J j D.C M OW f ' N N W (N9 U Z K 0 N N N N N N N N N O N O O N f t0 f0 M O D O W O 1 O W y 10 < O M m O A O W 0 ~ f0 we r N N N A f~ O W l a M ro M t1 a Q 8 C O O n M N A O. ~ O a M N ' O,~ ~ N N N N N N N N a W r N °a q ro b 0 . ro M ~ ( ~ C O: M y j ~ p W M f V O I Y > CG /V J ~ + N N r N N N N M • @ O.. Z N N N N N N p • O OD N N N W b O O O N O O O K O M O CD O D O W W O O f0 ~ a Z ~ of M ad N I - O N - D N M w W t D C N I O i N W 1 N ~ r O ~ A C wi N O O Y! O 1 S O a M N A N M IO r O D N fD r r N N 0 ~ N ".N N N N N N N 00 n V W N N A O tW+! N ~ Y m C r r O O 1~ 9 N OW I N M r f0 . r N N O U ~ Z N N N N N N m Omi N C R V t C R W . . . . A I I ps 0 YI p N O N Q N A 0 N W W y W W W co O - O Z O z o. ~ O 0 Z 0 F O U F F- H µ ZO Q m p m m K " U q o 20 0 c M . . p ao 1 0 s N G N 1 N m C M J 7 > s O O r W W W O U V W U OR LL LL ~U =a t'Mi ~N • 1-' Cj n V o ~ U INO U ~ a # G ~ W o Z Yi U 0 2 m~ Z = 0 9 ( 7 ILL U pt 2 U N n ~ 2 . Q,... a T . rz, eF e F 5 1 - W W W K ~ m K m ~ 6j L: 0 3 f U E o \ - m p ~ v 9 v ° a = E F ° r U. Q a a 0 P 2 o ' U ! = v~ LL a s o s ~ Yf U p U. N U. 0 i 0 w e ~ C7 N 0 p l N 5 N C M w a VOL-27 PAGE gg W o N o 0 0 $ N a O F a 0 F' j~ w N w N ftW7 z ~ o w ~ J J 7 Y N N n m U d' K Z M N N N to I" F m C N s A O O 2 12 0 N Q o. a f. c O F' ~ N N N N QW ~ so ° °a . a J am , ' 0 ; N N N N f O:' 0 n t0+! O m U N V'i A N 0 R: V d N C 4 O F` 5 N N M N 2 y J ¢ z m °o n 0 3 m C m: , O O l n O LL Z 0 N V N N N N C C :e 0 F w O W « N C a~ . . . p j. I p ' f QO ~a I H N I m o of O` . U 1.,, f N N N N W d N~ Q J w war v z' ~ w a a ° ¢ ~ ~E " ' ~ z ~~~333 z` N N 0 00 L7 N M a H U ry N O ' O N V Z W N N W F 111 O Z p O O F Z Z J LU IL CL > o rc > ul a Q o m a 0) IL 2i1 2 r Z f p ? m: Q Z N ~ -2 J ii a O wp J`. m Y K ~ O O . O O t7 W ~ m LL c a Q E a a o W a o r z W c m Q U t o E ¢ g " o a m co J LL Y a ILL 0 N c m K N ri f CI Y m a VGL~ZPAGE ?7 LLI . cn U- ( O a a + _ r2 U W M S N U t~ 43't A . eX ' ti D N ;sz 0) ca y , G M 0 ~ r CD z = z a > w F- W W i . O F- Q Cl) Of J O . S LO W O = F- co 0 N W N H Q o = Q W a1 z ~ v LC) F O r F N 69 h O O O 6~9 z H \ CL m G Q ¢ CO 7 ~T S a 4. ^ o u-) Z ~ saf 3u 4z ~ ~ ry l~'f 10.v W L.U zO z J + f' U u w ° > i W ° Q 3 ' ui d g " Q Z d D t =j r to 0- I.- J ;u z W U) W W a a Q > v ° > LU W w g ° 5 r w o LL. w F W CY o o o v m a ` ' o Q o ui o U a 'f" W N U Cl- a . u VOL 7 I PAGE 9 0 06 0 ~ 0 0 =i° =f~- =cv 3 • N V) N E9 N 691 E ± S ° ° ° N 0 6 61~ N Co w ed LL N as ~ o " = N U~ U-~ 3 w i» va us Ch LL a l CD C) a C:? ° C~ 00 q C~ Ch go GO_ ' co O T U U rn N co " tt E N o ~ M ~ w Nc~ Q O~ _ d 4 eR ~a ss . Q LL£ G f~ , 0 a. to O z ~ o o ° o ° o , . N d o N 0 N et ~ U. c 3i t CD o cl O CO) O WQ i '8 L L ZN~ ~ m yz O 3 ~~O p 64 ~ F > C O _ CD G! > ~wO I rn aMi c°fl E otS N 0 - aJn <°fl rss y 0 d O > T (Q > a y~ C~ cc Cc v h L6 C: 64D. , a Q' 8 Q. G Cl) CO a 0 N. ` ca d r y S o r~ o v in O Q m m °O g " ° , 1 1 V w lll~. ~ , m Z J Q } s °o, °o, t > E 00 C> ° Q C' f<y a o 04 m U) z a Q w U) C ~ / m E 'I O 00 Ln (3) V Q w V N d J g J LU g Q O Q £ J a: ~ CL in M CL LU a L ¢ LU -/P-/ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER TEMPORARY BLANKET UTILITY EASEMENT DATE: 200 GRANTOR: BRAZOS COUNTY, TEXAS GRANTOR'S MAILING ADDRESS: 300 East 26' Street (including county) Brazos County Bryan, Texas 77803 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including county) Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Lot One-B (113), Block 1, Replat College Station I.S.D. Willow Branch and Oakwood School Sites, City of College Station, Texas, according to the replat filed in Volume 6857, Page 25, Official Records of Brazos County, Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as-built area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above-described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above-described property. ' RESERVATIONS AND 1. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use and to grant to others the right to use the easement area for any purpose which will not unreasonably interfere with the safe and reasonable maintenance and operation of installations to be made by GRANTEE therein. b94e941...group(o)1eme 1s1br w mmn rltempomryb/onke ift"w mend" 1012712005 VOL .77 PAGE 'Ia 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedestrian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance. 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTOR, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built" survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. BRAZOS COUNTY, TEXAS By: R7SIM, COUNTY JUDGE ATTEST: Printed Name: dxnt~ (er k APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. City Attorney bg4egol...group(o)/eare ulbrams comiylimPomryb/wke"Jilyewe ntdoc 10/2712005 THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on this the 1k day of 204, by RANDY SIMS, County Judge of the Brazos County Commissioner's Court of azos County, Texas, a political subdivision, on behalf of said Brazos County, Texas. NOTARY PUBLIC in and for the S e of TEXAS D R LOCKLEDO! ~prxrcnecmkteatate eomoioM ~~nur. JULY 8, 2' PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 b911e9al...9rouy(o)1eaae ts1brmos counrykemporaryblankemHllryemementdoc 1012712005 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: February 7, 2006 ITEM: Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Edge Cut Off Road approximately 0.2 mile from its intersection with Shortcut Road for water line installation. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUB T BY: 7chard F. Vance, P.E. County Engineer 0006-012 APP VE Y: ommissioner E. Duane Peters Precinct 2 This Request is Approved V/1 Denied ❑ by Commissioners' Court Date: r andy ims, Coun dg VOL-77 PAGE qS REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) wickson Creek Special Utility District proposes to place a (type) Waterline within- across _g_ the right-of-way of (road) Edge Cut Off Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 1sday of February , 20g(L. / Firm: Wit on Creek Special Utility District Ok mkt./ NJno ~GI By CGCi"Z y3O/D t, Pfc.-l` Title: General Manager Address: P. 0. Box 4756 Bryan, Texas 87805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' COURT QN: ~~7 IX, Date '61 ndy Sim , County Jud VOL-77 PAGE 96 of r 41, 4 L v v~ 0 j 0 VOL 77 P~q 97 of 0 q tv -4~~ c r Is 4. Racial PR REPORT FOR JANUARY 1 THROUGH DECEMBER 31, ZOOS ^t -7-7 g- iµ. t { nf. r't i :m Int VOL 27 PAGE 99 BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK JIM MANN, CHIEF DEPUTY WAYNE DICKY, JAIL ADMINISTRATOR Tuesday, February 7, 2006 300 E. 26TH ST. SUITE 105 BRYAN, TExAs 77803-5359 Since January 1, 2002, the Brazos County Sheriff s Office, in accordance with the Texas Racial Profiling Law (S.B. No. 1074), has been collecting police contact data for the purpose of identifying and responding (if necessary) to concerns regarding racial profiling practices. It is my hope that the findings provided in this report will serve as evidence that the Brazos County Sheriffs Office continues to strive towards the goal of maintaining strong relations with the community. In this report, the reader will encounter several sections designed at providing background information on the rationale and objectives of the Texas Racial Profiling Law. Other sections contain information relevant to the institutional policies adopted by the Brazos County Sheriffs 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 111105 and 12/31/05. 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 Sheriffs Office is committed to providing fair and equitable law enforcement for all citizens. Re (f Y. 1~ spectfully submitted, /J C Christopher C. Kirk, Sheriff OFFICE (979) 361-4100 1* ADMINISTRATION (979) 361-4148 V0)1.-~ PACE-/ 0 0 I* FAx (979) 361-4170 m - Law Enforcement Contact Data Annual Report January 1, 2005 - December 31, 2005 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 (1/1/05-12/31/05). 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 (V) Raw Data a) 2005 Racial Profiling Raw Data VOL -17 PAGE 16 / S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. 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; VOL "77 PAGE loa (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (,6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted b 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 traffic stop or about an individual VOL 7 PAGE 103 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. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall resort to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; VOL -77 PACE 1 0 4 (3) whether the officer conducted a search as a result of the stop and if so whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop including a description of the warning or a statement of the violation charged Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received b the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and VOL -27 PAGE 106 (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 agency alleging that a peace officer employ the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and VOL 07 7 PAGE lO(p (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment as appropriate is recorded by using the equipment; or (2) the governing body of the county 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 or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the pumose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax tjvil27 PAH E/d 7 effort, financial hardship available revenue and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller 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 equipment for the purpose of installing video and audio equipment as described by Article 2 135(a)(1)(A)The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A) the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in coniunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2 135 a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: VOL 77 PAGE 1 C5 ~ Art3 05 RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection 0) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; d to preventing racial profiling; an (2) implementing laws and internal agency policies relating (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) As a requirement for an intermediate proficiency certificate an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). vu-17 en 109 SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent including Caucasian, AfricanHispanic, Asian, or Native American descent. (b) 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; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9) [(8)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as O VOL 7 7 PAGE NO 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. VIL-77 PAGE l I 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 vL 7 FAZE I I 1A S.B. No. 1074 Approved: Date Governor ss 77 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. 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 but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further 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 PAGE 113 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 -74 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). 2 of 4 unl -77 Pau The minimum requirements for "tier one" data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American"); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data include: 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) TCCPI. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. 3 of 4 VOL 7 7 PAGE 116 Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. 4of4 VOL 7 PAGE T Ba U ;L -7 7 PAGE 117 11.7 Bias Based Profiling Pol I. PURPOSE The purpose of the policy is to reaffirm the Brazos County Sheriff's Office commitment to unbiased law enforcement in all its encounters between Deputy and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our deputies from unwarranted accusations of misconduct when they act within the dictates of Sheriff's Office policy and the law. II. POLICY It is the policy of this Office to provide law enforcement services in a pro-active manner and, to aggressively investigate suspected violations of law. Deputies shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Deputies are strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Deputies shall conduct themselves in a dignified and respectful manner all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude Deputies from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. III. DEFINITIONS Racial Profiling - A law enforcement-initiated action based on an individual's race, ethnicity, or national origin V _V PAGE rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom a deputy is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following: 1. Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. 2. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. 3. Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A Sheriff's Office can derive at two principles from the adoption of this definition of racial profiling: 1. Deputies may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while deputies may us race in conjunction with other known factors of the suspect. 2. Deputies may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, complainants or other citizen contacts. L_')7FAG€ 10 Race or Ethnicity - Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American. Pedestrian Stop - 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. Traffic Stop - A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic. IV. TRAINING Deputies are responsible to adhere to all Texas Commission on Law Enforcement Deputy Standards and Education (TCLEOSE) training requirements as mandated by law. All Deputies shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the Deputy is licensed under Chapter 1701 of the Texas Occupations Code or the date the Deputy 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 Deputy license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003. V. COMPLAINT INVESTIGATION 1. The Sheriff's office will accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. 2. Any employee who receives an allegation of racial profiling, including the Deputy who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channel or direct the individual(s). Any employee contacted shall provide to that person a copy of a complaint form or the Sheriff's Office process for filing a VOL -77 Fh"E 1-20 complaint. All employees will report any allegation of racial profiling to their superior before the end of their shift. 3. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable period of time. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the sheriff. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the sheriff. 4. If a racial profiling complaint is sustained against a deputy, it will result in appropriate corrective and/or disciplinary action, up to and including termination. 5. If there is a Sheriff's office video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this Office into the complaint and written request of the Deputy made the subject of the complaint, this Office -i shall promptly provide a copy of the recording to that deputy. VI. PUBLIC EDUCATION This office will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the Internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VIZ. CITATION DATA COLLECTION & REPORTING A Deputy is required to collect information relating to traffic stops in which a citation is issued. On the citation Deputies must include: 1. the violators race or ethnicity; 2. whether a search was conducted; 3. was the search consensual; and 4. arrest for this cited violation or any other violations. 0L_27_FAGE I a t 5. Deputy Observed Witness Reported By March of each year, the Sheriff's office shall submit a report to the Brazos County Commissioner's Court that includes the information gathered by the citations. The report will include: 1. a breakdown of citations by race or ethnicity; 2. number of citations that resulted in a search; 3. number of searches that were consensual; and 4. number of citations that resulted in custodial arrest for this cited violation or any other violations. Not later than March 1st of each year, the Sheriff's office shall submit a report to the Brazos County Commissioner's Court containing this information from the preceding calendar year. VIII. COLLECTION AND REPORTING INFORMATION GATHERED FROM TRAFFIC AND PEDESTRIAN STOPS (effective January 2003) A deputy who stops a motor vehicle for an alleged violation of the law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense shall record and report the following information: 1. A physical description of each person detained as result, including: a.) The person's gender; b.) The person's race or ethnicity, as stated by the person or as determined by the deputy to the best of his/her ability. 2. The street address or approximate location of the stop. The suspected offense or the traffic law or ordinance alleged to have been violated. 3. Whether the deputy conducted a search as a result of a stop and, if so, whether the person detained consented to the search. 4. Whether probable cause to search existed and, if so, the fact(s) supporting the existence of the probable cause. ;;~„-77 PAGE ? a a 5. Whether any contraband was discovered in the course of the search and, if so, the type of contraband discovered. 6. Whether the deputy made an arrest as a result of the stop and/or search, and, if so, a statement of the offense charged. 7. Whether the deputy issued a warning or a citation as a result of the stop and, if so, a statement of the offense charged. This office shall compile and analyze the information contained in these individual reports. Not later than March the 1st of each year, this Office will submit a report to Brazos County Commissioner's Court containing the information complied from the preceding calendar year in a manner they approve. This report will include: 1. A comparative analysis of the information contained in the individual reports in order to: a.) Determine the prevalence of racial profiling by deputies in this office; and b.) Examine the disposition of traffic and pedestrian stops made by this Office's deputies, including searches resulting from stops. 2. Information relating to each compliant filed with this Office alleging racial profiling. This report will not include identifying information about a deputy who makes a stop or about an individual who is stopped or arrested by a deputy. EXEMPTION TO SECTION VIII If each law enforcement motor vehicle regularly used by a deputy employed by the Sheriff's office to make traffic stops is equipped with video camera and transmitter activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stop is equipped with transmitter-activated equipment; and each traffic and pedestrian stop made by a deputy employed by 9. 7 7 P':~E / ac3 the Sheriff's office that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment, then the Sheriff's Office is exempt from the compiling and reporting requirements detailed in Section VIII. Also, upon certification to the Texas Department of Public Safety, not later than the date specified by rule by the department, by the Brazos County Commissioner's Court in conjunction with this Sheriff's Office that this Office needs funds or video and audio equipment for the purpose of installing video and audio equipment in each vehicle as described above and this Office does not receive from the state funds or video or audio equipment sufficient, as determined by the department, for this Office to accomplish that purpose, then the Sheriff's Office is exempt from the reporting requirement detailed in Section VIII. IX. USE OF VIDEO AND AUDIO EQUIPMENT Each motor vehicle regularly used by this department to make traffic and pedestrian stops is equipped with a video camera and transmitter-activated equipment, and each motorcycle regularly used by this department to make traffic and pedestrian stops is equipped with transmitter- activated equipment; and Each traffic and pedestrian stop made by a Deputy of this department that is capable of being recorded by video and audio, or audio, as appropriate, is recorded. This department shall retain the video and audiotapes, or the audiotape of each traffic and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our Deputies has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audiotapes, or the audiotape of the stop until final disposition of the complaint. Supervisors will ensure Deputies of this department are recording their traffic and pedestrian stops. A recording of each Deputy will be reviewed at least once every ninety (90) days. ' E~7 PAP 1a~F If the equipment used to record audio and/or traffic or pedestrian stops is malfunctioning not operable, the Deputy making the stop must record and report the information as required Section VIII. video of or otherwise properly in Policy B WL 7 7 PAGE 196 BRAZOS COUNTY SHERIFF'S OFFICE GENERAL ORDER: 34 DISTRIBUTION: Patrol SUBJECT: In-car Video Cameras 1. 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 Sheriffs Office that the procedures as stated within this General Order are complied with in their entirety. III. INTRODUCTION In-car video cameras are a valuable tool in enforcement and capture critical evidence, which would otherwise be unattainable. In addition to supplying evidence in criminal cases, it also is a source of evidence, which may be used to protect the deputy and the public whom we serve from false accusations. The following procedures are established so that this Office might take full advantage of the potential of in-car video camera use. IV. PROCEDURE A. Vehicles which are equipped with in-car video cameras will activate those cameras on each and every traffic and pedestrian stop. B. Traffic and pedestrian stops shall be recorded in their entirety, including audio. C. The patrol unit / camera should be positioned in such a way as to capture the subject matter of the stop / investigation. D. Camera and audio should be activated on any traffic or pedestrian stop as well as any other time the deputy feels that an audio or video recording would be appropriate. E. All system components shall be tested by the deputy prior to beginning each tour of duty. 1. Any malfunctions in the system shall be reported to the shift sergeant or supervisor. F. Deputies shall carry a sufficient supply of video tapes to complete the tour of duty. G. Video and audio recording components are to be used only for legitimate Sheriffs Office, law enforcement related matters. v--7? FA IF ! a V. DISPOSITION OF VIDEO TAPES A. Traffic Stops: I. 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 complaint is made against a deputy for a case in which a video tape is made, the deputy shall be given a copy of the video tape upon written request by that deputy. This written request shall be made to the Chief Deputy. /a7 illl '77 PAGE 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 7? FACE I -a 8' 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. i'v~ 77 Phu VI ')V ok -77 Racial Profiling Law Informing the Public on the Process of Filing a Complaint with The Brazos County Sheriffs Office (I) 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 Sheriffs 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 Sheriffs Office. The pamphlet explains what acts are -j 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. `s ' 7 / PAG' F 1'31 Community Partnerships Although the Brazos County Sheriffs Office has always enjoyed from the support of the community, since January 1, 2005, 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 Sheriffs 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, 2006, to members of the Commissioners' Court. This will be done in an effort to keep community leaders informed on the current practices of the Brazos County Sheriff s Office. Ii -77 P, a 132 Training in compliance with the Texas Racial Profiling Law, the Brazos County Sheriffs 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. VOL77 PAGE 133 (I) Tier I Data Table 1. General Demographics of Contacts and Searches Caucasian 979 73.3 120 73.6 61 i4.4 ri /Z.a African 188 14.1 29 17.8 15 18.3 14 17.3 Hispanic 132 10.0 14 8.6 6 7.3 8 9.9 Asian 18 1.3 0 0 0 0 0 0 Native American 1 0.0 0 0 0 0 0 0 Other Total 18 1336 1.3 100 0 163 0 100 0 82 0 100 0 81 0 100 * Race/Ethnicity are defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, or Native American". Some searches were performed with the subject's consent where there was also probable cause to search. In these cases, "PC for Search" was used since it is the prevailing reason. Also, some searches are incident to arrest and are listed as "PC for Search." Race/Ethnicity* Custody Arrest N % Caucasian 75 70.8 African 21 19.8 Hispanic 10 9.4 Asian 0 0 Native American o 0 Other o 0 Total 106 100 All custodial arrests listed were the result of a stop; however, some were for warrants instead of the result of a search. °r R77 i>aGE 6 3 ~ (II) Comparative Analysis -4 fable 1. Comparison of felt-mitiatea Mops of tcesioents anu ur3 tcestuerlt La Race/Ethnicity* Resident DPS Data Variance Contacts N % N % N % Caucasian** 1111 83.3 84577 80.6 N/A +2.7 African 188 14.1 10254 9.8 +4.3 Asian 18 1.3 7935 7.5 -6.2 Native American 1 0.0 179 0.2 -0.2 Other 18 1.3 2006 1.9 -0.6 Total 1336 100 104951 100 * Race/Ethnicity are defined by Senate Bill 1074 as being of a "particular descent, including to Caucasian, African, Hispanic, Asian, or Native American". In this table, Hispanics have been added to the Caucasian population. This has been done in order to correspond with DPS data collection methods. According to DPS, Hispanics are combined, in their data reports, with the Caucasian population. Analysis The data presented in this report contains valuable information regarding law enforcement contacts with the public between 1/1/05 and 12/31/05. 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 2005 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 Sheriffs 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 Sheriffs 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 2005 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 only 2.7 It must be noted that Hispanics were grouped with Caucasians for purposes of this analysis since DPS does not collect information related to the ethnicity of drivers. In fact, according to their own language, DPS considers Hispanics, in their data collection process, as Caucasians. 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 4.3 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 only 6.2 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 only 0.2 It voi,-27 PAGE 23(p should be noted that there was only one law enforcement contact with drivers of Native American descent and that DPS records show that people of Native American descent only make up 0.2 % of Brazos County's drivers. The data relevant to individuals of other racial descent, the percentage for law enforcement contacts were again almost identical to the percentage of drivers of other racial descent according to DPS's records; the variance was only 0.6 VOL22 PAGE 137 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 111105 - 12/31/05, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. hCheck 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 111105 - 12/31/05. omplaints Filed for Possible Violations of S.R. 1074 Complaint Alleged Violation No. I exas Racial YroIling Law. F Disposition of the Case VOL-27 PAGE 13Y Additional Comments: VOU-27 AGE tr'aE 77 ~v, w 1 V-0 Summary Statement The findings suggest that the Brazos County Sheriffs Office does not currently experience a problem regarding racial profiling practices. This is supported by the fact that no complaints from community members have been received by the Sheriffs Office regarding officer misconduct associated with racial profiling practices. This is also supported by the number of law enforcement contacts as compared to the DPS data for drivers in Brazos County. Also supporting this are that our percentages by race for contacts have a 6.2% 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. v L -77 Play 1 Checklist (I) 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 Sheriffs Office from engaging in racial profiling 9 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 0 Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2005. V" Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation ~a VOL-77 PAGE (II) For additional questions regarding the information presented in this report, please contact: Christopher C. 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