HomeMy WebLinkAbout1997-11-04-0900AM-RegularBRAZOS COUNTY
BRYAN, TEXAS
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
ED
97 OCT 3n PH 1:57
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THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 4,1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Cauley.
2. Pledge of Allegiance - Commissioner Cauley.
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county- related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information,
conduct research into the matter, and/or place the matter on a future agenda for
discussion. (A record is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 18:
4. Budget Amendment 97/98 -3.
5. Personnel Action Forms.
6. Payment of Claims.
7. Request by Justice of the Peace, Precinct 4, for access to the Internet.
8. Approval of contract with Post Oak Mall Associates Limited Partnership for use of space
for the Sheriffs Office.
9. Authorization to charge a $25.00 participation fee for a Civil Process Training class to
be conducted by the Risk Management Department.
10. Authorization to process Recurring Payment Requests for the following:
a. Becky Segrest.
b. Bryan/College Station Economic Development Corporation.
11. Request from GTE to construct five (5) road bores for buried cable installation within 5
feet of the right -of -way of Dick Elliott Road and three (3) road bores within 5 feet of the
rights -of -way of Kopetsky Road, Roy Ball Road and Bickham Cemetery Road. Site is
located in Precinct 2.
12. Request from GTE to construct two (2) road bores to install approximately 969 feet of
buried cable within the rights -of -way of North Dowling Road, Blue Ridge Drive and
Sherwood Drive. Site is located in Precinct 1.
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Commissioners Court Meeting Agenda
November 4, 1997
Page Two
13. Dedication of 20' public utility easement to the City of Bryan for the Juvenile Justice
Center.
14. The Replat of Tract 17 Harvey Estates, Augustus Williams League, College Station, and
request for variance to reduce the standard 70' road frontage to 50'. Site is located in
Precinct 3.
15. The Replat of Lot 8 -C Resubdivision Plat of Country Meadow (5.00 acres, James Hope
Survey, College Station) and a variance request to reduce minimum road frontage from
the standard 70' to 39'. Site is located in Precinct 1.
16. Blanket Purchase Orders.
17. Requisitions from Capital Projects Fund:
a. Computer hardware (external drives) for Justices of the Peace.
b. Chairs for Sheriffs Office.
18. Contract with Makesense, Inc. for audit of Brazos County utilities, telecommunication
services, and inmate telephone services.
19. Acknowledge receipt of Quarter Ending 6/30/97 Investment Report from Treasurer.
20. Call for citizen input and/or concerns.
21. Announcement of interest items and possible future agenda topics.
22. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the meeting. To make arrangements,
call (409) 3614102.
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COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 4, 1997
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, November 4, 1997, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presjding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Cauley gave the invocation and led the
pledge of allegiance.
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There was no citizen input and /or concerns.
The County Judge noted that festivities for the opening
of the Bush Library will be held on Thursday and Friday. He
went on to say that there are visitors here from all over the
world.
The Court next considered Budget Amendment $97/98 -3.1
through 3.3, which would reallocate funds budgeted for Capital
Improvements, and record a 50% funding increase in the Kids
and Kops Grant. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is attached
hereto.
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Commissioners Court meeting November 4, 1997
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
McKean, Janice Brazos Center Comp Training
Gibbs, Ada Mae Maintenance New Employee
Gillar, Josephine County Clerk Salary Adjust
Craft, Tiffany J Co Court at Law II Resignation
Rodefeld, K.A. Co Court at Law II New Emp Temp
Meek, Steven R District Attorney Temp to P/T
Hernandez, Carlos Juvenile Serv. New Emp Temp
Kinard, Gerald Sheriff Office Promotion
Cornelius, David Sheriff Office Trans from Jail
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the changes as
submitted. The County Judge asked about the budget amendment
for the County Attorney's Kids and Kops Grant. He was
informed that it had just been approved in the budget
amendments.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
98- 000374 through 98- 000619
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered a request by Justice of the
Peace Precinct 4, for access to the Internet. On motion by
Commissioner Jones, seconded by Commissioner Cauley, the Court
voted unanimously to approve the request by Justice of the
Peace Precinct 4, for access to the Internet.
The next matter before the Court was approval of a
Contract between Brazos County and Post Oak Mall Associates
Limited Partnership for use of space by the Sheriff's
Department. The cost to Brazos County will be $1.00
annually. The space will be used solely for the purpose of
Boy Scout and Explorer meetings and for teaching and
distributing various crime prevention techniques and
materials. On motion by Commissioner Jones, seconded by
Commissioner Cauley, the Court voted unanimously to enter into
contractual agreement with Post Oak Mall Associates Limited
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Commissioners Court meeting November 4, 1997
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Partnership for use of space by the Sheriff's Department. A
copy of the contractual agreement is attached hereto.
The next matter before the Court was authorization to
charge a $25.00 participation fee for a Civil Process Training
class to be conducted by the Risk Management Department. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to authorize the Risk Management
Department to charge a $25.00 participation fee for a Civil
Process Training Class. Both inside and outside agencies will
pay the fee.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the County
Auditor to process recurring payment requests for the
following:
a) Becky Segrest - Juvenile Board Member
b) Bryan /College Station Economic
Development Corporation
The Court next considered the request from GTE to
construct five (5) road bores for buried cable installation
within 5 feet of the right -of -way of Dick Elliott Road and
three (3) road bores within 5 feet of the rights -of -way of
Kopetsky Road, Roy Ball Road and Bickham Cemetery Road. The
sites are located in Precinct 2. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to approve the request from
GTE and authorized the installation. A copy of the request is
attached hereto.
The Court next considered the request from GTE to
construct two (2) road bores to install approximately 969 feet
of buried cable within the rights -of -way of North Dowling
Road, Blue Ridge Drive and Sherwood Drive. The sites are
located in Precinct 1. The County Engineer stated that all
appeared to be in order and recommended approval. On motion
by Commissioner Jones, seconded by Commissioner Thornton, the
Court voted unanimously to approve the request from GTE and
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Commissioners Court meeting November 4, 1997
authorized the installation.
attached hereto.
A copy of the request is
The next matter for the Court's consideration was the
dedication of a 20 foot public utility easement to the City of
Bryan for the Juvenile Justice Center. Commissioner Sims
moved to approve the dedication. Commissioner Cauley seconded
the motion. Commissioner Thornton suggested amending the
motion and second to include recording information on the
document. Commissioners Sims and Cauley amended their motion
and second. The Court voted unanimously to approve the
dedication of a 20 foot public utility easement to the City of
Bryan for the Juvenile Justice Center.
The Court next considered approval of the Re -Plat of
Tract 17 Harvey Estates and a request for variance to reduce
the standard 70 feet road frontage to 50 feet. The site is
located in Precinct 3. Richard Vance, County Engineer, stated
that he had reviewed the plat and offered the following
comment:
1) Access to back portion (Tract 17A) is below
minimum 70' road frontage standard due to special
conditions per attached variance request. We
recommend acceptance of the 50 feet access frontage
to Bird Pond Road.
On motion by Commissioner Sims, seconded by Commissioner
Jones, the Court voted unanimously to approved the Re -Plat of
Tract 17 Harvey Estates and the variance to reduce the
standard 70 feet road frontage to 50 feet.
The Court next considered approval of the Re -Plat of Lot
8 -C Re- Subdivision Plat of Country Meadow Subdivision in
Precinct 1 and a variance request to reduce the minimum road
frontage from the standard 70 feet to 39 feet. Richard Vance,
County Engineer, stated that he had reviewed the plat and
offered the following comment:
1) Due to the original Lot 8 -C having only 90 feet
of frontage, the County's minimum 70 feet of
frontage can not be adhered to for the replatf
therefore, we recommend acceptance of the 39 feet
access frontage to the cul -de -sac at the end of
Country Meadow Drive.
Commissioners Court meeting November 4, 1997
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approved the Re -Plat
of Country Meadow Subdivision and a variance request to reduce
the minimum road frontage from the standard 70 feet to 39
feet.
The Court proceeded to consider the following blanket
Purchase Orders:
Copy Corner Emer Management $ 500
Canon U.S.A. Purchasing $1,000
Ikon, Inc. Purchasing $6,000
Ikon, Inc. Purchasing $4,000
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of a requisition from
Capital Expenditures for the following purchases:
a) Computer. hardware (external drives) for
Justices of the Peace $1,196.00
b) Chairs for Sheriff's Office $506.40
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the requisitions
to be paid from Capital Expenditures.
The next matter before the Court was approval of a
Contract between Brazos County and Makesense, Inc. for an
audit of Brazos County utilities, telecommunication services,
and inmate telephone services. Makesense will provide the
audit using County records. Brazos County will compensate
Makesense by paying a fee that is 50% of the refund and /or
credits that result from the audit; for permanent cost
reductions resulting from the audit of all utilities and
telecommunications services (excluding inmate telephone
services) the fee is 50% of the reduction expected over the 24
month period following completion of the audit. For refunds
from any inmate telephone service company, the fee is 37% of
the refunds that result from Makesense, Inc.'s audit; for
increases in inmate telephone revenue caused by Makesense,
Inc. the fee is 37% of the monthly increase in net revenue for
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Commissioners Court meeting November 4, 1997
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a period of 12 month. On motion by Commissioner Cauley,
seconded by Commissioner Jones, the Court voted unanimously to
enter into contractual agreement with the Makesense, Inc.. A
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copy of the contractual agreement is attached hereto.
The Court received, approved and ordered filed as
submitted Quarter Ending 6 -30 -97 investment report from the
Treasurer. A copy of which is attached to and made a part of
these minutes.
Under citizen input and /or concerns the Sheriff reported
that his Department's employees had donated 1,000 hours to the
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sick leave pool and challenged other departments to do the
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same.
The County Judge made the following comments:
1) There will be a workshop beginning at
9:30 a.m. on November 11, 1997 to discuss
the following:
a) Retirement System Changes
b) Deferred Compensation Program
c) Open Enrollment for Insurance
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d) Annual Debt Rates & Long Range Planning
2) There will be a special meeting at 9:00
a.m. on November 10, 1997 to canvass
votes.
3) There will be a Workshop at 3:00 p.m. on
December 11, 1997 to hear a presentation
by the Eisenhower Group on their study
concerning the realignment of the Justice
of the Peace and Constable Precincts.
4) A copy of the Submission to the Justice
Department on Justice of the Peace and
Constable Precinct realignment is in the
Judge's office for public inspection.
5) He has received letters from the City of
College Station for reinvestment zones.
The OI Corporation tax abatement program
is different from the one originally
discussed.
6) Universal Computers reinvestment zone 116.
7) The Auditor's office has prepared the
policies and procedures for reimbursing
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Visiting Judges.
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Commissioner Sims asked if the Architect for the Juvenile
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Justice Center was in Bryan to do the punch list.
Commissioner Jones replied that the Architect was at the
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facility at this moment. The County Judge stated that the
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Commissioners Court meeting November 4, 1997
flooring in the gym was not in place because there was a
moisture problem with the gym floor.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held November 4, 1997 have been examined and are approved in
open Court this the day of
in Bryan, Brazos County, Texas.
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Alvifr W. Jonecf T6rAy J e
County Judge Commi si ner, Precinct 1
Wm. Thornton Randy S' s
Commissioner, Precinct 2 Commi ioner, Precinct 3
�J
Carey C ley, Jr.
Commiss oner, Prec n t 4
Mary An ar
County Clerk
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VOL
BRAZOS COUNTY COMMISSIONERS' MEETING ON A(eg. ��i997
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR
NO. 97/98 -3.1 through 3.3
On this the 4th day of November 1997 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on November 4, 1997 the Court heard and approved
a budget amendment for the 1997 -1998 budget year for Brazos County,
Texas.
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 September 23,
1997 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 4th day of November 1997.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By; Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
• Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
VOL PAGE .�_.�..
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_ BRAZOS COUNTY, TEXAS
GET AMENDMENTS
_
- - . No. 97/98 -3.1
1114197 --
HD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
45
630005
613250
280198
Dr
Minor Furniture
508.00
45
630005
803420
280198
Cr
Furniture
508,0
Capital Improvements
To reclassify budget line item
to allow
for the purchase of chairs which cost less than
$200.00 each
and record as minor furniture.
Prepared, By: ,•;• ; • ,. mkw Approved By:
Da ;";10/28/97 Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -3.2
11/4/97
FI)
DIV
ACCT
1'110J
DR /CR
ACCOUNT NAME
Increase
Increase
45
630005
802030
140098
Dr
Computer Hardware
1.19600
45
630005
802035
Cr
Computer Replacement
1,196.00
Capital Improvements
To reclassify budget from Computer Replacement to Computer Hardware to allow the
purchase of external backup drives for two Justice of the Peace offices. These are to replace
the ones they currently have which are malfunctioning. Once they get on the new J.P.
software,
the backup drives will be used to other places.
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Prepared By: mkw Approved By:.,
Date: 10/29/97 Date: .,
11'
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
- No. 97/98 -3.3
11/4/97
FD
DIV
ACCT
PROD
DR /CR
ACCOUNT NAME
Increase
Decrease
01
1810
514400
181098
Dr
Salary -Law Enforcement
15,200.00
01
1810
516400
181098
Dr
Hourly - Temporary
690.00
01
1810
531000
181098
Dr
Social Security
1,640.00
01
1810 1
532000
181098
Dr
Retirement
315.00
01
1810
533000
181098
Dr
Employee Health Insurance
800.00
01
1810
538000
181098
Dr
Workers Compensation
345.00
01
1810
539(()0
181098
Dr
Unemployment Insurance
80.00
01
1810
602600
181098
Dr
Education Supplies
50.00
01
1810 1
606000
181098
Dr
Office Supplies
1,125.00
01'
1810
611200
181098
Dr
Confidential funds
250.00
01
1810
618010 1
181008
Dr
Travel
50000
01
1810
618070
181098
Dr
Travel - Reimbursable
400.00
01
1810
653200
181098
Dr
Equipment Maint.
1,255.00
01
1810
714000
181098
Dr
Peace Officers
7.70000
01
1810
715000
181098
Dr
Rental Equipment
250.00
01
480480
181098
Cr
Grant -TDT -Kids & Kops
15.000.00
01
180001
516100
Cr
Cr
Cr
Cr
Cr
Cr
Hourly Staff
1,000.00
01
180001
531000
Social Security
76.00
Ul
180001
532000
Retirement
70.00
01
180001
533000
Employee Ilealth Insurance
490.00
01
180()01
538000
Workers Compensation
66.00
01
180001
539000
Unemployment Insurance
2.1.00
UI
490210
Cr
Imerfund Tsf fin CA Ck Coll
10,724.00
80
91311(0
Dr
Interfund Tsf to Gen Id
10.72.3.00
80
180090
516300
Cr
Hourly - Part fine
8,700.00
80
180090
5311x)1
Cr
Social Security
1.173.00
80
180090
5320(x)
Cr
Retirement
35.0)
80
18(090
538(x)0
Cr
Workers Compensation
250.00
80
180090
539(x))
Cr
Unemployment Insurance
66.00
80
180090
614500
Cr
Miscellaneous
5(H).00
999999
480480
181098
Cr
Grnnt =l'DT -Kids & Kops
30,0(8).(10
999999
999999
Dr
Project Clearing
30,000.00
County Attorney Grant Kids and Kops -To record a 50% increased funding from the state
for the Kids and Kops grant. This amendment reflects match from the County Attorney Check
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DATE: October 29, 1997
TO: Hon. Alvin Jones. County Judge
Hon. Tony Jones, Commissioner
Hon. William Thornton, Commissioner
Hon. Randy Sims, Commissioner
Hon. Carey Cauley, Commissioner
Ruth McLeod, Administrative Assistant
FROM: Kay Hamilton, County Treasurer
RE: Quarter Ending 06 -30-97 Investment Report
This report is made in accordance with provisions of Gov.Code 2256, The Public
Funds Investment Act, which require quarterly reporting of investment
transactions to the Commissioners' Court.
For the quarter of April 01, 1997, through June 30, 1997, Brazos County earned an
average yield of 5.500 on invested funds. The average yield does not include
the TrustCash yield at Norwest Bank because the interest changes daily.
According to the Federal Reserve statistical release, the average yield for a
June 1997 3 -month Treasury bill was 4.93% on the secondary market. The
Brazos County portfolio has continued to perform above the benchmark set by
the Investment Committee. The portfolio earned $420,966.52 of actual interest
dollars for the quarter and a total of $1,133,662.52 since October 01, 1996.
In April, Norwest Bank became the new depository bank for Brazos County. A
Central Deposit account was set up for the County enabling the funds
deposited daily to be swept nightly into a TrustCash investment account. The
funds are not transferred out of the TrustCash account until the actual Accounts
Payable, Payroll or Jury check clears the Controlled Disbursement account
allowing the expensed funds to earn a higher rate of interest for a longer period
of time. According to the monthly statements, TrustCash had a yield at market
interest rate of 5.54% for May and a rate of 5.91% for June. Although, Brazos
County is charged a management fee of 30 basis points per month, the
TrustCash account has performed above the interest rate that a NOW account
would have earned. Because of the fluctuation of cash being deposited to
and disbursed from the TrustCash account, the balance on the last day of the
month was selected as a monthly reference for reporting purposes.
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PORTFOLIO INFORMATION:
Listed below is the amount of funds invested per security type as of 06- 30-97.
Texpool
$17,045.189.90
58.9%
Commercial Paper
$ 5,698.839.87
19.7%
Federal National Mortgage Assoc. Disc. Notes
$ 1,997,944.00
6.9%
Federal Home Loan Mortgage Disc. Notes
$ 2,035,028.82
7.0%
Federal Home Loan Bonk Disc. Notes
$ 1,472,400.00
5.1%
Trust Cash
$ 689.687.77
2.40
Total
$28,939,090.36
100.0%
The book value and market value for the beginning and end of the reporting
period are as follows:
Book value
March 31, 1997 $30,620,953.45
June 30, 1997 $29,059,301.00
•N.A.V. = Net Asset Value
Interest rates (monthly average vieldsl:
April 5.4187%
May 5.4955%
June 5.5971%
Market value N.A.V.
$30,619,203.41 99.99%
$29,058,464.82 99.99%
Investment interest incoming;
April $105,396.63
May $149,401.71
June $166,168.18
There are three attachments to this report. Attachment -A is a summary of
investments by fund and type of investment for the month of June 1997.
Attachment -B is a monthly status report as of 06- 30-97. Attachment -C is an
activity report indicating the changes made quarterly to the portfolio including
an ending balance for TrustCash.
To the best of our knowledge the investment portfolio in this report conforms in
all respects to the Investment Policy of Brazos County and is being managed
under the investment strategy of said policy as approved by the Commissioner's
Court of Brazos County.
A1 /o A-F 9`
Kay Hamilton, County Treasurer Date
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T&n White, Deputy Treasurer Date
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Attachment - A
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SUMMARY OF INVESTMENTS BY FUND
General Fund
TexPool
$
9,508,295.25
General Obligation Debt Svc.
FNMADN (07- 21 -97)
$
997,944.00
TexPool
$
1,868,811.62
FHLBDN (08- 08-97)
$
1,472,400.00
FHLMC (08- 19 -97)
$
2,035,028.82
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Gotham -C /P (09/04/97)
$
2,998,839.87
Voter Registration
Total
$
17,012,507.94
TexPool
$
34,762.85
General Permoment Improvement
-- ±
TexPool
$
3,557,713.63
Health & Life Insurance
Gotham -C /P (09/04/97)
$
1,700,000.00
TexPool
$
1,389.02
. �
$
5,257,713.63
11
Road and Bridge Projects
State Lateral Road
TexPool
$
678,328.09
TexPool
$
12,840.41
FNMADN (07- 21 -97)
$
1,000,000.00
.
Gothom-C/P (09/04/97)
$
1,000,000.00
Juvenile Justice Center
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Total
$
2,678,328.09
TexPool
$
1,357,850.09
Vehicle Inventory Tax Interest
Tryst Cash
TexPool
$
25,198.94
Norwest Bank
$
689,687.77
Total of all funds invested for the month of June
1997
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28,939,090.36
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ATTACHMENT B
MONTHLY STATUS UPDATE REPORT FOR JUNE 1997 s
INVEST
DATE
CUSIP
NUMBER
PAR
AMOUNT DESC
YLO.TO
DISC. MTY.
MATURE
DATE
DAYS
LEFT
COST
AMOUNT
—INTEREST
EARNED
BOOK
VALUE
$ 143.41 1
100.007% 7
7.1% 3
3.52691 0
• MARKET
VALUE
"GAIN/
MOSS)
%TTL
N A V. INVMT
W.A.M. GVTM
M/L 10124/96
313589JK0
82,080,000.00 FNMA
5.26 5.503
07121197
21 $
1,997,944.00
$ 75.673.87 s
2.073.617 87
$ 2.073.387 33 $
1230.54)
99989% 69%
1.45431 0.38109831
TC8 04110197
31338SK07
$1,500.000.00 FHLB
5.52 5.702
08/08/97
39 $
1,472,400 00
t 18,630.00 s
1,491,030 00
$ 1,491,143.75 s
113.75
100008% 5 1%
1 99042 O 29100953
el S
S-8 05/16/97 313397K03 $2.065.000.00 F
FHLMC 5
5.5 5.659 0
08119/97 50 $ 2
2.035.02882 $
$ 14,196.88 $
$ 2.049.22570 $
$ 2.049.369.10 $
$ 143.41 1
100.007% 7
7.1% 3
3.52691 0
039917603
S-8 06116197 31346LW44 $5.770,000.00 C
COMM PAPER 5
5.62 5.769 0
09104197 66 $ 5
5.698.839 87 s
s 11.709.89 $
$ 5.710.549 76 $
$ 5.710.232 42 $
$ 1317.34) 9
99994% 1
19.8% 1
130372 1
1.13957047
OISC.NOTE A
AVG 1
1 5.475 1565 825 -
-AVERAGE L44 $ 1
11.204,212.69• 6
6 120.210.64 $
$ 11.324,423 33 $
$11.324,132 60 $
$ 1290.73) 9
99999%1 388%1 2000881 221085434
TEXPOOL 5
55361 1 T
TEXPOOL 37 $ 1
16.964.674.30 $
$ 80.515.60 $
$ 17,045.189 90 $
$17,044,644 45 $
$ 1545.451 9
99997%1
TRUST CASH Y
YId@Mkt 5 9100 a
at 06130197197 L� $ 6
681.112.19 $
$ 8.575.58 4
4 689.687 77 $
$ 689.687.77 s
s 1
100 000%
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OUARTER ENDING 06 30 -97 INVESTED FUNDS ACTIVITY R
REPORT s
s
GATE D
DES C G
GEN FUND V
V IT INT R
RSB PROD G
G P 1 J
JUV CNTR
TOTAI
G O DEBT V
VTR REG H
HLTH6LF S
ST lAT RD T
004 10 1 19 7 T
TeaPool Partial Buyout S
S 320,000 00 S
S
,404,094 48 $
$ 2,486,035 36 S
S 754,260 17 f
f 34,295 65 $
$ 129.344 14 S
S 12,667.84 i
i 3
30,479,073 14
fmw ,
:05!)6/97 FNMA Disc Note Matured $ 11,997,597 271 S 9.494 43 S S
S f
$ 5 S S $ f f (1,997.597 271
`;05116197•
Purchased FHLMC d/n Im 5 8 s7- 2.035.028 82 S f f f $ S
: QUQ9(971 Release of TeaPool Principal $ 17 001 f s s S f f S 2,035.028 82 Norwest Bank
05131197- TeaPool May Interest S $ 172.993 001 S $ $ S 173 000 001 Trust Cash
39.921 29 S 114 91 S 4.44092 S 16.969 86 $ 7 703 76 f 6 258 86 S 158 52 S 6 30 S 58 55 S 75,632 97 Balance @ total of au funds
105131197= May Interest Transfers S 16.261 09 S S S f t6 261 091 S S
�i 131 ; • r;F= BALANCE i 16,103,179.64 525,084.78 f 2,969,435.95 S 5,404,456 64 S 1,681,703 38 i 1,860,346 60 $34,605.39 i 1.37549 $ 12,782 25 f 28,092.970 12 t 1 969,675 47 S 30,062,645.59
invested
06/,13197, FHLMC Disc Note Matured f 12.997,923 001 S 511,000 000 001 SI1 700 Opp 001 S f
X06/13/97;: Invest funds with TeaPool f 3 038.476 53 f S f i S 15.697 923 001
S 1.013.527 21 S 1,722.996 26 S i S f f
06L17/97^ Release of TeaPool Principal S 13 000.000 001 5 f (1,000 000 001 511, 700,000 001 S i 5.77500000 L,
,.06/17/97,• Purchase C/P fm S -B $ 2.998,839 87 5 f $ f f i 15.700 000 001
S 1.000.000 00 f 1, 700 000 00 S S S f S
!06/23/97,- TeaPool Partial Buyout S 358 000 00 f S 1141,000 001 f 1163.000 001 S 154,000 001 S i 5.698 839 87
106130197 ' TeaPool Partial Buyout f 452, t 00 00 S f S f f
1 eta S 1168.000 001 $ 16 900 001 S 1277,200 001 S f - s 5 -
>� ti�06l30/97_ TeaPool June Interest f 41,643 65 f 114 16 S 4,855 85 f 17,673 00 S 7.54204 S 8 465 02 S 157 46 f 6 26 f 58 16 f Nor`vest Bank
s`06/30l97' June Interest Transfers f 16.969 85 f i f 116,969 851 S 80,515 60 Trust Cash
'RlCOnohng Adjust w /Audr[Or f 1,221 40 f f $ S f f Balance @ Total of all funds
S 1490 921 S 1542 421 $ 1195 331 S
JI $�� `' UNEa ?2 (pykl► :'.BALANCE i 17,012,507.94 4125,198.94 i 2,678,328.09 S 5,257,713 63 S 1,357,850.09 i 1,868,811.62 534,762 85 i 1,389 02 i 12,840.41 i 28,249,402 59 i 6/ 687.77 S invested 28,939090.36
— remw "TeKPoot buyouts were back dated to previous months during the Quarter by the Auditor's office thus
throwing our balances off. The Treasurer's office made this adjustment in order to reconcile with the Auditor's balance
iitl�
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
loo
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 11/4/97
ITEM: Reauest from GTE to construct 5 road bores for buried cable installation within
5 feet of the right -of -way of Dick Elliott Road and 3 road bores within 5 feet of the
rights -of -way of Kopetsky Road, Roy Ball Road and Bickham Cemetery Road: project
will begin at the intersection of Dick Elliott Road and FM 974 and extend for a distance
of 16.427 feet. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 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.
C) It 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 r,ght -of -way.
D) 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.
E) 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.
II. ACTION REQUESTED OR ALTERNATIVES:
ZSITTED BY:
ichard F. Vance, P.E.
County Engineer
CC97 -157
Approvedk1beniedO by Commissioners' Court
Date: It - a - 9
Alvin W. Jones, Co my Judge
APPROVED BY:
ommissioner William �STh�n_m_tmn�
Precinct 2
P
s
•
•
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® GTE Telephone
Operations
301 Industrial Olvd.
Bryan, TX 77803
October 15, 1997 Reply To:
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. lAwy. 21
Bryan, TX 77803
Dear Mr. Vance:
SUBJECT: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED -135 and work location sketch showing the
location of our proposed buried cable line on County Roads in
Brazos County at Tabor, Texas.
This work is to be completed on Work Order 5435 - 31300IDE which
is scheduled for January 1998. If you have any questions
concerning this work, please contact Charlie Clanton at otrr
office in Bryan, telephone 409 - 821 -4715 within 15 days so that wo
may explain or modify our proposal. otherwise, it is understood
that this proposal is approved.
Sincerely, '
Charlie Clanton
Senior Designer - Access Design
CFC:egc
Attachment
/fin C r Z
401 0
ax' a
A pan of GTE Corporate az
GEMERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
-----------------------------------------------------------------
October 15, 1997
TO THE COMMISSIONERS COURT OF LEE COUNTY
AT fl_NTION COUNTY JUDGE:
Formal notice is hereby given thAt GTE will construct to
communication line withing the right. -of -way of a County Road in
Brazos County, Texas as follows:
From the intersection of FM 974 and Dick Elliot Rd.
along the southwest R.O.W. of Dick Elliot Rd northwest
for a distance of 16,427 feet. Said cable to be within
5 ft. of the R.O.W. In addition, Dick Elliot Rd is to
Be hored at 5 locations.
The location and description of this line and associated
appurtenances is more fully shown by two (2) copies of drawings
attached to this notice. The line will be constructed and
maintained on the County Road right -of -way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it Ir.
expressly understood that tender of this notice by the GPE
;out.hwe�,t Incorporated does not constitute a wtaiver, surrender,
abnnelonnrent of impairment of any f >rof)ert:y rigtrt.t., fanchi -.e,
ea- enie•nt., 1 icerr e . authority, permission, privilege or r ighi , now
granted by law or may be granted in the firtirr(- and airy provi .run
or prova-:ion•, -.co cun•.:trued shall be aril l and vniel.
Cotistruct.ion of thin line will begin on or itt:er .1u.nuzary 1,
1998. .
fit "NFRAL T 1=1 F PHONE COMPANY
Charlie Clanton
3oreior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
i
DEPARTMENT Road and Bridge NUMBER 550001
DATE OF COURT MEETING: 11/4/97
ITEM: Request from GTE to construct 2 road bores to install approximately 969' of
buried cable within the rights -of -way of North Dowling Road Blue Ridge Drive and
Sherwood Drive Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 3 -6 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.
C) 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.
D) 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 lumished to the office of the Brazos County Engineer.
E) 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.
II. ACTION REQUESTED OR ALTERNATIVES:
SU I ED BY:
ichard F. Vance, P.E.
County Engineer
CC97 -160
APPROVE YV
Co ssio y Jones
Precinct 1
Approved ® /DeniedO by Commissioners' Court
Date: It - 4 -- 9'
4
Alvin W. Jones, County Judge
•
•
•
301 Industrial Blvd.
Bryan, TX 77803
October 20, 1997 Reply To:
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
SUBJECT: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED -135 and work location sketch showing the
location of our proposed buried cable line on County Roads in
Brazos County at College Station, Texas.
This work is to be completed on Work Order 5416 - 9p7060B #004
which is scheduled for November 3. 1997. If you have any
questions concerning this work, please contact Charles Allen at
our office in Bryan. telephone 409 - 821 -4761 within 15 days so
that we may explain or modify our proposal, otherwise, it is
understood that this proposal is approved.
Sinc erely,
al /el 4�1�
Charlie Clanton
Senior Designer - Access Design
CFC:egc
Attachment
A part or GTE CofporauVOL
Aec T
O.�! ,q•5 �t/riI tJ
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GEMERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
----------------------------------------------------------- - - - - --
October 20, 1997
TO THE COMMISSIONERS COURT OF BRAZOS COUNTY
ATTENTION COUNTY JODGF : Al Jones
Formal notice i.,. hereby given that GTE will conntruct re
communication line withing the right -of -way of a County Road in
Brazos County. Texas as follows:
On N_ Dowling Rd. approximately 57 ft.. north of tilite>ridtler
Q burieA_c&ItLle will be planed 5 ft- in the west R.O.W.I
extenT�ir, south for d lst:anc.e o 34 t At this roirtt
atj rr p�p4�L�6 �e c _ in th e south R.O.W.
/�,Lf �� /� of BItre� ridge Dr. extending we:it for a distance of 103 ft.
6 9A2 At the intersection of Sherwood Dr. and Robin Dr. a second
fj0t"' . e�8�' ,jE cable wi I 1 he placed 3 ft. in the north R.O.W. of Sherwood
ILL Ow extending for a distance for 132 ft.
Rt(� The location and description of this line and associated
appurtenances is more fully shown by two (2) copies of drawings
(�
attached to this notice. The line will be constructed aril
maintained on the County Road right-of-way in accordance with
N governing laws_
Notwith<:tanding arty other pi-ovrr.ion c^ont.ained heicin, it ir,
expressly understood 1hmt t.e rid(-r of this notic:c by the GTr
Vv Southwest Incorporated Noes riot roust itute a waiver , irrri ender,
p� abandonrlte rit of impnirme•nt of any property right:., f,rrrchi se,
easeriient., license. Authority, permission, privilege or right, now
granted by law or may he grantod in the future rand airy provision
or provision so construed shall be nu11 and void.
C on- t.rtrr.tion of this line wi 1 1 begin on or after November 3,
1997_
GI-NERAL TELEPHONE. COMPANY 13,416- 9P706013 11004
C:hnrl icy Clanton
Se ntcar r)r;;ignc,r - Access Design
301 Tndrtc:t:rlal Blvd.
131 yarn. Ic•xas 17803
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LOCATE ALL BURIED UTILITIES
1,,4 TIiIS AREA.
BEFORE DIGGING
PLACE NEW CABLE 3' IN NEW ROW.
PLACE BORES AS SHOWN ON PRINTS.
W•K SAFELY
STA 0 • 57
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STA 1 • 06
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PLACE BORES AS SHOWN ON PRINTS.
W•K SAFELY
STA 0 • 57
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STA 1 • 06
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LOCATE -ALL BURIED UTILITIES
BEFORE DIGGING 'IN THIS 'AREA.
PLACE NEW CABLE AS SHOWN
ON WORK PRINTS.
WORK SAFELY
1 00
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]IVISIoN: SOUTH EAST ExCN.:54I6 FEM.COseaa
W.0 : Wa IWO N0: 9P:teGB CONTROL NUMBERS 2.?4
TITLE: FLOC CBL KOO'dL1AS RD iAt (W. -45004 '
TrP: RNG: SEC. SAL: 5 -AF
DATE- 12iaBw�Ev.OATE1 CALF. 1-•1¢aCALF. 1-•lea
OR" (mG ,wart) PAINT
FILE: v72 CVA CWa 2 0% 2
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COLLEGE STATION SPRING CREEK 5416
W O 9P7060B 004
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Corporate Office Approval Date
THIS LICENSE is trade thislQ_ day of OctobeL_, JW, by and between POST OAK MALL ASSOCIATES LIMITED
PARTNERSHIP- a Texas firnited partnership ( "Licensor") and Brazos County Sheriffs Office, having offices at IM
Sandy Point Rd_ Bryan_ TX 77907 (409) 775.4700 ('Licensee ");
In consideration of the agreements set forth herein the parties agree:
1 Premises: Licensorgrants to Licensee a nontransferable and revocable license to temporarily occupy
and use the premises, containing approximately = square feet of floor area, as shown on Exhibit 'A" annexed hereto
(the "Premises"), in Post Oak Mall, (City) College Station.(County) Brazos (State)jx (the "Shopping Center')
2 Duration: Licensee shall occupy and use the Premises starting upon the earlier of- (a) October 1, 1992
. or (b) the day Licensee opens the Premtses for business to the public and ending September 30. 199$ (the "Expiration
Date "), unless this License is revoked earlier by Licensor
3, L%. The Premises may be occupied and used by the Licensee solely for the purpose of BoyScout
and Explorer meetings and for teaching and distributes van oL crime prevention tecruaues and materials and for no other
purpose whatsoever.
Licensee shall store and /or stock in the Prcnuses only such merchandise as Licensee is permitted to offer for
sale in the Prerruses pursuant to this License Licensee shall not violate applicable federal and state laws
prohibiting the We or display of products which infringe on the trademarks or copyrights of others
4 WRIA: Licensenhall occupy and use the Premises under the trade name of Brazos Countyy Sheriff's
Office- which shall not be changed without Licensor's prior written consent.
S. R= Licensee shall pay Licensor, without notice, demand or set off, at the property office or such
other location as Licensor may specify, by certified check or money order.
(1) S One and no /100 (51,00 ('Total Minimum Fee') payment schedule:
S 1.00 due on October 1. 1997
S due on (Date)
S due on (Date)
$ due on (Date)
In addition to the above rent. Licensee shall pay to Licensor, a monthly charge together with
its payment of rent.
S_NIA for Common Area Operating Costs,
S N/A for Real Estate Taxes;
S N/A for Utilities, and
S N/A for Merchants' Association Dues /Marketing Fund Contribution.
(ii) percent L(L%) of all Gross Sales and revenues in excess of $
_($ ('Percentage Fee") payable on each Monday at the property office.
6 Security Depoit: Licensee deposits herewith the sum of 0 (S_D__J Dollars as a
security deposit which shall be applied towards rent, percentage rent and other charges, due and payable throughout the
term and as a surety for the perfortnance by Licensee of the terms of this License under which Licensee may be in default
or for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this License
including any damages which may result to the licensed Premises. Within thirty (30) days after the expiration of the term
of this License there shall be an accounting with payment to Licensor or reimbursement to Licensee, as the case may be,
of the aforesaid sum. In the event this License is terrrunated, the security deposit will be returned to Licensee after
deducting any sums due Licensor
If Licensee shall fail to make any payment to Licensor when due. Licensee shall pay Licensor a late charge
of $100.00 per day for so long as the failure continues. Licensee acknowledges and recognizes that its failure to
continuously operate during the Hours of Operation set forth in Section 32 for the duration of the term of this Agreement
will cause a loss of goodwill to Licensor by the Shopping Center's customers and other uncertain damages to Licensor
Ouch are not easily ascertainable and Licensee hereby agrees to pay Licensor 5100.00 per day as liquidated damages.
and not as a penalty, for any period of noncompliance
VC) PAd ,
I
/"'_1
•
\ofLice Licensee Shall ror, by ' 00 p m o the Mond followin each talc dar week, at
mess of ►n ther, a watt statement fall Gro Salcs revenues ith sales
ig d by Llce ee oc y►ng the raises for s than on week, Lic see sha clover ch w n state an revenues w sales ven cation sig d by Lice ee on th last
ee's occ ancy of Lcertse does not de er such s merit on t e, Licen a shal l p
remedies
The term ' Gross Sale means the /his rice of all erchandise sol or delivered in at, on or f many n
of the Premises the chug for all servic sort so or performed at or from a part of th remise and
shall include! and char s for cash o ardle of collections the case of th alter, but all excl a (1)
returns and funds in f t made by ens tr actions includ within Gross es, not ex eding th selling
price of rchandise turned by purch ccepted by Llc ee, (2) the am nt of any G ty. coin ,state or
federal es, luxury r excise tax n such shis both adde o the selling pr a and paid the tax► authority
by L• ensee (but t by any ve r of Licensale shall be de d to be made the Premu s ►f any der therefor
is cured or received in thorem►ses, whnot such or r is filled on th renuses or Isewhere r if, pursuant
mail, telegraph, telepho a or other sirtul s, orders a received or fi ed at or fro the Pre ses.
8 Books; Licensee shall prepare in accordance with generally accepted accounting practice and keep
at its pnnc►pal office address, accurate books of account and records of Gross Sales and revenues. All books and records
shall be subject to examination and audit by Licensor If there is a deficiency in the amount payable to Licensor.
Licensee shall immediately pay Licensor the additional Percentage Fee owed Licensor and the cost of the examination
or audit
9 Relocation: Licensor shall not be liable to Licensee in damages or otherwise for a delay or cessation in
the commencement of the term of this License The Premises may be relocated and /or this License may be revoked by
licensor upon ;A hours notice with no liability to Licensor
10 Insurance: Licensee shall, at its full cost and expense, procure and continue in force, during the term
of th Agreement, commercial general liability insurance including contractual liability and property damage relating to
the Prenuses cosenng any and all claims for ►n)unes to persons or upon the Prerruses Such insurance shall be single limut
cuscrage in an amount of not less than One Million (51,000;00000) Dollars Licensee shall also carry Workers
Conipensauori Insurance in the starutory amount Any insurance policies required hereunder shall name Licensor, and
any designees of Licensor, as an additional insured, and Licensee shall furnish evidence of such insurance coverage prior
to occupancy of the Prerruses
I I Indemnity: Starting on the date Licensee first uses or occupies the Premises. Licensee shall indemnify
and hold Licensor, its parents, subsidiaries and affiliates harmless from and against all claims, actions, liens, demands,
expenses, and judgments for loss, damage, or injury to property or persons resulting or occurring by reason of the
construction, use, or occupancy of the Premuscs by Licensee, including all costs, expenses, and attomey fees.
IZ Liability of Licensor: Licensor shall not be responsible or liable for, and Licensee hereby expressly
waives, all claims against Licensor for injury to persons or damage to Licensee's property on the Premises, regardless
of the cause Licensee's property in the Premises or the Shopping Center shall be there at Licensee's sole risk
Licensor• its agents, and employees shall not be liable for, and Licensee waives, all claims for loss or damage to
Licensee's business or damage to person or property sustained by Licensee or any person claiming by, through or under
Licensee resulting from any accident or occurrence ►n, on, or abou. the Premises or any other pan of the Shopping
Center, including, without limitation, claims for loss, theft, or damage resulting from (1) equipment or appurtenances
beconung out of repair, (u) injury done or occasioned by wind or weather, (iii) any defect in or failure to operate, for
whatever reason• any sprinkler, heating, or air - conditioning equipment, electric wiring or the installation thereof, gas,
water, or steam pipes, stairs, porches, railings, or walks, (iv) broken glass; (v) the backing up of any sewer pope or
downspout. (v►) the bursting, leaking, or running of any tank, tub, washstand, water closet, waste pipe, drain, or other
pipe. (vi) the escape of steam or water, (vin) water, snow, or ice being upon or coming through the roof, skylight, trap
door. stairs, doorways, windows, walks, or any other place upon or near the Shopping Center, (tx) the falling of any
fixture, plaster, ale, stucco, or other matenal, (x) any act, onussion, or negligence of other licensees or any other persons
or occupants of the Shopping Center or of adjoining or contiguous buildings, of owners of adjacent or contiguous
propem , or the public, or by operatiom in the construction of any private, public, or quasi - public work, or (xi) any other
cause of any nature To the maximum extent permitted by law. Licensee agrees to use and occupy the Premuses, and to
use such other portions of the Shopping Center as Licensee is herein given the right to use, at Licensee's own risk
13 Def;►ult: If, (a) Licensee fails to perform any of the terms, conditions, or covenants of this License,
or (b) in the e%cnt there shall be filed by, or against, Licensee in any court pursuant to any statute, either of the United
• States or any State. a petition (1) in bankruptcy, (it) alleging insolvency, (ii►) reorganization. (iv) appointment of a
rccrner. (v) any arrangement of the bankruptcy acts, or a similar type of proceeding; or ° Licensee fails to pay, when
due, any payment of rent, percentage rent, or any other charges, or (d) Licensee abandons or vacates the Premises; or
(e) in the event of any other default by Licensee; then in any such event Licensee's rights hereunder shall cease and,
and remedies of Licensor
Licensor may at its option (l) have the right to immediately revoke and terminate this License, and upon deman4
Licensee agrees to surrender possession of the Premises to the Licensor: (2) make demand for immediate payment of
all current and future rent and any other monetary obligations due hereunder; (3) re -enter the Premises and remove all
persons and/or any property therefrom, by any suitable acuon or proceeding at law. All rights
herein or at law and in equity are cumulative. If Licensor, at its sole discretion, determines ►t is necessary to engage
VOL 1> _.pAdL 19Z
attorneys to enforce Licensor 'a rights herettttder. Licensee will reimburse Licensor for reasonable attorney's fees and
court costs.
14. Dom; This License shall be revoked automatically if any portion of the Premises is damaged by fire
or other peril, regardless of the cause. Licensee shall have no recourse against Licensor as a result of damage due to
fire or any other peril.
15. A.. gnment and Sublet tinge Licensee shall not sell, assign, mortgage, pledge, or transfer this License
or any interest therein, nor sublet all or any part of the Premises. nor license concessions or departments therein, without
Licensor's prior written approval, which may be withheld at Licensor's sole and absolute discretion.
16. 1- 12blljlx; There shall be no personal liability of Licensor with respect to this License. If a breach by
Licensor occurs, Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of
Licensee's remedies.
17. provisions: Licensor is or may be a parry to certain documents, as amended from time to time, with a
mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This License is subject and
subordinate to all the provisions to those documents, as amended from time to time.
18 Terms of Agreements This License contains all the covenants, prottuses, agreements, conditions, and
understanduigs between Licensor and Licensee There are no other, either oral or writtep, between them other than those
set forth in this License.
19 Surrender of Premises: If Licensee fails to make any paymeru of rent or percentage rent or any other charges
due hereunder when due, or breaches any of the other covenants and /or conditions of this Agreement, all of Licensee's
rights hereunder shall cease and terminate and Licensee shall immediately surrender possession of the Premises to
Licensor Licensee hereby expressly waives notice of default, notice to quit, and all other notices which may be required
by law If Licensor engages attorneys to enforce Licensor's rights hereunder. Licensee shall reimburse Licensor for
Licensor's attorneys' fees and court costs.
20. Liability of Licensor: The term 'Licensor' means only the owner or mortgagee in possession for the time
being of the building in which the Premises are located or the owner of a leasehold interest in said building and /or the
land thereunder so that in the event of sale of said building and /or an assignment of this License by Licensor, and /or a
denuse of said building and /or the land. Licensor shall be and hereby is entirely freed and relieved of all obligations of
Licensor hereunder and it shall be deemed without further agreement between the panics and such purchaser(s),
assignee(s), or lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor (nor Licensor's agent,
if any) in respect to any of the covenants, conditions, or provisions of this Agreement: in the event of a breach or default
by Licensor of any of its obligations hereunder. Licensee shall look solely to the equity of the Licensor in the Shopping
Center for the satisfaction of Licensee's remedies
In addition hereto, it is specifically understood and agreed that Licensor's rights, privileges, duties, and
obligations may be adnurustered by Licensor's designee, including, but not limited to, Licensor's agent, and that such
designee shall have the full authority of Licensor hereunder to perform all of Licensor's functions hereunder including,
but not linutcd to, the execution of this License and any other related documentation
21 lion- Waiver Provision: The failure of Licensor to isist upon performance of any of the terms, conditions,
and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not
be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained
22 Entire and Binding Agreement: This Agreement contains all of the agreements between the parties hereto
and it may not be modified in any manner other than by agreement, in writing, signed by all the parties hereto or their
successors in interest. The terns, covenants, and conditions contained herein shall inure to the benefit of and be binding
upon Licensor and Licensee and their respective successors and assigns.
23 Qtning: Licensee's completed kiosk/pushcart shall be ready for inspection by Licensor's designated
representative on October l_ 1997. Licensee's kiosk/pushcart must be open for business no later than the start of regular
Shopping Censer hours on October L 1997. In the event Licensee fails to be ready on the above dates for inspection or
opening, this Agreement may be tennitiated at the sole option of the Licensor, and the security deposit shall be herewith
forfeited
24. Design Requirements: All costs and expenses (including permits or licenses) attributable to the construction
of the Premises by Licensee shall be borne by Licensee. Licensee shall not commence construction of the Premises
without first obtaining Licensor's approval of the location and design, nor prior to the execution of this License. Design
criteria for the construction of the Premises are.
a. The kiosk/pushcart structure shall be limited to counter units with no overhead obstructions
that inhibit the visibility of tenants in the Shopping Center. Counter units shall not exceed 48'
in height.
VOL
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b. The kiosk/pushcan structure, if located in an open floor area, shall not be anchored into the
floor or other part of the Shopping Center structure. An area width of no less than twelve
feet (12'0') minimum shall be maintained on all sides of the kiosk/pushcart subject to traffic
flow
C. Water service and special HVAC Systems are not available. Heating, venting, and Fire
Protection Systems shall be that which is provided to common areas in the Shopping Center
d. Design cntena for all signs to be utilized at the Premises, kiosk/pushcart size, construction,
finish materials, and special equipment shall be evaluated specifically for each individual
licensee Licensee shall submit plans for Licensor's review and approval prior to
construction and shall include pictures of an) cxisting uruts of Licensee's
C. Licensee shall prepare its plans and perform all work to comply with all applicable goveming
statutes, ordinances. regulations, codes, and insurance rating boards, and shall apply for all
necessary pemuts Licensoe's approval of Licensee's plans shall not rcheve Licensee of its
obligation to complete the development in accordance with this License, nor does it relieve
Licensee from complying with laws, rules, regulations, and requirements of local governing
authorities Certificates of occupancy and waivers of lien from Licensee's contractor, all
subcontractors and matenalmen shall be filed with Licensor upon completion of work.
f Set up and tear down of kiosks /pushcarts shall take place where the Shopping Center is not
open for business, unless Licensor has agreed otherwise in writing.
25 Permits: If there are any licenses, authorizations, or permits required by any governmental agency or
authority for the type of activity to be carried on at or for the use of the Premises, Licensee shall be responsible for
obtairung such. No unlawful activities shall be pennined in the use of the Premises. The consumption or sale of alcoholic
beverages on or from the Premises shall not be permitted
26 Visual Merchandisine: Licensee shall comply with the visual merchandising standards of Licensor.
Licensee understands and agrees to implement visual merchandising recommendations of Licensor and change visual
merchandising presentation as requested by Licensor.
27, OpIratinalkegulrementse Licensee shall observe all Operating Rules for the Shopping Center and Licensee's
occupancy thlrein which Licensor may promulgate from time to time, including but not limited to
a. Licensee shall use and occupy the Premises in a careful, safe, and proper manner and shall
keep the Prenuses in a clean and safe condition in accordance with this License, local
ordinances, and the directions of public officers.
b. All signage located in and upon the Premises shall be approved by Licensor prior to
installanon or placement. All signs, placards, banners, pennants, or other advertising matter
shall be prepared in a professional manner and in no event shall be handwritten. Licensee
shall display an approved sign depicting its approved trade name under the following criteria:
Sign Criteria: Signs are to be furnished and installed by Licensee and approved by an
agent for Licensor Licensee's sign contractor or architect must submit
a black and white rendering (specifying PMS colors) of Licensee's sign
prior to approval. Licensee's sign shall be located within the limits of
Licensee's storefront and shall not project more than 8' beyond the
storefront if the Shopping Center is an enclosed mall, and not more than
12' beyond the storefront if the Shopping Center is a strip center.
Sign Size
Malls:
Up to 30' Storefront:
Capitals 18'
Lower Case 12'
30' - 1' and greater:
Capitals 24'
Lower Case 18'
Strip Centers
Up to 30' storefront.
Capitals 24'
Lower Case 18'
30' -1' and greater.
Capitals 30'
Lower Case 24'
The length of Licensee's sign shall be limited to 70% of Licensee's storefront.
Licensee shall not display merchandise on or outside the boundaries of the kiosk/pushcart
structure. The outside areas immediately adjoining the Premises shall be kept clear at all
VOL 6&e_.PACiE, IE2.
tunics by Licernee, and Licensee shall not place nor permit any obstructions, garbage, refuse,
merchandise, or displays, or racks, in such areas.
d. All loading and unloading of goods shall be done only at such times, in the areas, and through
the entrances designated for that purpose by Licensor.
C. All garbage and refuse shall be kept in the kind of container specified by Licensor, and shall
be placed and prepared for collection in the manner and at the times and places specified by
Licensor. If tar) lord shall provide or designate a service for picking yp refuse and rga batre•
Tenants all use same at Tenant's cost. Tenant shall pay the -cost of removal of anv of
saa�[aciory co sic imwra. enam spas use env cram comoacto[ LnelOra Rroyiaes for the
general use of Tenant er Tenants a designated area of the choDDLC Center,
Notwithstanding the foregoing provision, if Licensee qualifies as a generator of medical
waste, then Licensee shall be solely responsible for causing compliance with all federal, state
and local laws, whether existing now or established in the future, relating in any way to the
storage, containment, treatment, transfer, transportation and disposal of medical waste
(including the use of licensed medial waste management comparues). and shall hold Licensor
harmless for Licensee's noncompliance or violations thereof For purposes hereof, "medical
waste' means any solid, senusolid or liquid waste which is generated in the diagnosis,
treatment (e g , provisions of ttx(hcal services) or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals "Generator'
means any person or entity whose act or process produces medical waste as hereinbefore
defined.
f. No loudspeakers, televisions, phonographs, radios, flashing lights, or other devices shall be
used in a manner so as to be heard or seen outside of the Premises No electronic or
�orriR+unication devices shall be used in the Leased Premises or in connection there which
inteinipt or interfere with the use and emoyment of electronic or communication devices of
other occupants of the Shopping Center or of the neighborhood in which the Shopping e Cnter
is located- -- -
g. Licerseeshall not conduct or permit any fire, bankruptcy, auction, or "going out of business"
sale (whether real or fictitious in the Premises, or utilize any unethical method of business
operation Licensee shall not use the Premises as a clearance, outlet or wholesale center.
h. cens�e s not ar Z on�any tr @de of occupation Qr operate an tnst`urnent or equipment
w h e ts an or case a n a cerru a ou de o, e P miser
1. Licensee shall not distnbute any handbills or other advertising matter in the Shopping Center
or on automobiles parked to the parking areas of the Shopping Center
j. Licensee and Licensee's employees shall not park their cars in those portions of the parking
area designated for customer parking by Licensor If Licensee or Licensee's employees park
in portions of the parking area designated for customer parking. Licensor may, in addition
to its other remedies, have such cars removed at Licensee's expense
k. Licensee and Licensee's employees shall maintain a neat and appropriate appearance and
dress, and are expected to operate in a dignified. ethical, manner
1.
M. Licensee shall not permit loitering at the Premises
n. Licensee shall furnish Licensor with'cmergency telephone numbers and a forwarding
address.
o. Due to the lack of on -site storage facilities, acquisition of outside storage shall be Licensee's
responsibility.
P. Licensee shall be solely responsible for policing its location against theft, loss, or damage
to its kiosk/pushcart and /or merchandise. Under no circumstance shall Licensor be held
liable for such theft, loss, or damage
28. Conduct: Licensee shall at all tunes during its occupancy of the Premises provide sufficient supervision
and maintain adequate control of its employees, guests, and invitees.
29 $emny2h Licensee shall at the termination or earlier revocation of this License remove its goods and
effects, repair any damage caused by such removal, and peaceably yield up the Premises clean and in good order, repair,
and condition. Personal property of Licensee not removed within two (2) days of such expiration date or earlier
revocation shall become the property of Licensor, at Licensoe's option without liability to Licensee therefor.
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30 conduct and Alterations: Licenseeshall not harm the Premises, commit waste, create nuisance, make any
use of the Premises which is offensive in Licensor's sole opinion, nor do any act tending to injure the reputation of the
Shopping Center. Licensee shall not make alterations or additions to the Prenuses, nor permit the making of holes in the
walls, partitions, ceilings, or floors, nor pernut the painting or placing of exterior signs, placards, or other advertising
media, banners, pennants, awnings, aerials, antennas, or the like in or on the Premises, without the prior written consent
of Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws, ordinances,
orders, and regulations affecting the use or occupancy of the Premises. Tenant shall not violate applicable federal and
state laws prohibiting the sale or display of products which infringe on the trademarks or copyrights of others.
31. Condition of Premises: Lkensee has inspected the Prcnus a, and accepts them 'u is' with no representation
or warranty by Licensor regarding the condition of the Premises or their suitability for Licensee's use or occupation
thereof. Licensor has no obligation to repair the Premises unless the obligation is set forth in this License.
32 Hours of Operation: The Premises shall remain open for business at all times designated by Licensor.
Licensee shall operate in the entire Premises continuously and uninterruptedly while this License is in effect, and in a first
class manner
33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be brought upon,
stored, kept, used, or discharged on or about the Prenuses
34 Access to Premises: Licensor may enter the Premises at any time
35 Condition of Premises: Licensee shall maintain, at its sole cost and expense, the Premises in good condition
and make all necessary replacements and repairs to the Prenuses except for structural repairs. In addition to all other
remedies of Licensor, if Licensee does not complete its obligations to repair and maintain the Premises or Licensor, in
the exercise of its sole discretion, determines that emergency repairs are necessary, or repairs or replacement of any
portion of the Premises or the Shopping Center are made necessary by any act, omission, or negligence of Licensee or
its agents, employees, contractors. or assignees, then in any such event. Licensor may make such repairs without liability
to Licensee for any loss or damage that may accrue to Licensee, its merchandise, fixtures, or other property, or to
Licensee's business by reason of such repair. Upon completion of any such repair, Licensee shall pay upon demand,
as additional reru, Licensor's costs for making such repairs together with Licensor's administrative costs related thereto
which amount'shall equal 1.5 times the total cost of the repair. Furthermore. Licensee shall Immediately notify Licensor
of any defects or unsafe conditions in the common areas immediately adjacent to the Premises.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written,
each acknowledging receipt of an executed copy hereof.
ATTEST:
(corporate sea])
Pnnr Name:
Its Assistant Secretary
LICENSOR:
POST OAK MALI. ASSOCIATES
LIMITED PARTNERSHIP
a Texas limited partnership,
By CBL & Associates Management, Inc.
managing agent
By:
4 ame.
ts: Authorized Siggnatory,
Date: 1 ' 1 - 91f
LICENSEE:Brazos County Sheriff's Office
d /b /a:
Brazos County Sheriif's Office
By:
Pnnr Name.
Federal Identification Number (OR)
'7kGo0ak33
Date:
voL ZL..PAr3Lv2AL.
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ENTRY •2
MALL MANAGEMENT
I
JRE
)ING i 1.
INN I
BUILDING
Ko OK -P -P
ENTRY all Z
EXHIBIT "A"
K0 = KIOSK
Po ° PUSH CART
HUM .
THIS EXHIBIT IS DIAGRAMATIC AND INTENDED
ONLY FOR THE PURPOSE OF INDICATING THE
LOCATION OF THE LEASED PREMISES IN THE
PROJECT. IT DOES NOT PURPORT TO SHOW THE
EXACT OR FINAL LOCATION OF COLUMNS.
DIVISION WALLS OR OTHER REQUIRED
ARCHITECTURAL. STRUCTURAL. MECHANICAL. OR
ELECTRICAL ELEMENTS. THE LESSOR RESERVES
THE RIGHT TO ELIMINATE OR ADD AND TO MAKE
CHANGES IN THE SIZE OR LOCATION OF SUCH
ELEMENTS AS MAY BE REWIRED FROM TIME
TO TIME.
DIMENSIONS INDICATED FOR THE LEASED
PREMISES ARE MEASURED TO THE CENTERLINE
OF INTERIOR PARTY WALLS. AND TO THE
EXTERIOR FACE OF EXTERIOR WALLS OR
MALL LEASE LINES
WHERE CODES REQUIRE ALCOVES FOR EXIT
DOORS INTO SERVICE OR FIRE CORRIDORS.
SUCH ALCOVES SHALL BE CONSIDERED AS
PART OF THE LEASED PREMISES.
POST OAK MALL
COLLEGE STATION. TEXAS
CBL & ASSOCIATES, INC.
CHATTANOOGA. TENNESSEE
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TELECOMMUNICATION SERVICES, AND INMATE TELEPHONE SERVICES i
s
This agreement is entered into by and between Brazos County, Texas (herein "County ")
and MAKESENSE, INC. as of the qrk_ day of No ✓EmAck 1997 and i
constitutes the entire and complete agreement between the parties and replaces all
previous written or verbal agreements.
r
1.
SCOPE OF WORK
A. MAKESENSE, INC. agrees to conduct a utility and telecommunications audit by
analyzing the County's:
(1) telephone, electricity, water, sewer, cable, gas services billings, records,
and systems; and
(2) inmate telephone services billings, records and systems.
Brazos County agrees to provide MAKESENSE, INC. with copies of the above
described records, and access to utility and telecommunications equipment,
sufficient to perform the audit described above.
B. MAKESENSE, INC. agrees to seek refunds and/or credits for billing and
commission errors, identify and implement, with prior approval by Brazos
County, actions and modifications to reduce billings, provide better service,
and/or increase revenue. Such work shall be performed as stated in Section I,
Proposed Statement of Work, of MAKESENSE, INC.'s response to Request for
Proposal No. 97 -055, dated August 26, 1997 which is hereby incorporated by
reference. Any conflicts between the terms and provisions of said Response to
Request for Proposal No. 97 -055 and this Agreement, shall be controlled by the
terms and provisions of this Agreement.
C. MAKESENSE, INC. agrees to compile an audit report on the work performed
pursuant to this Agreement. Brazos County will have 30 days after it receives the
audit report to advise MAKESENSE, INC. of any modifications, which the
County deems necessary. This audit report shall be provided by MAKESENSE,
INC. regardless of the amount of compensation payable to it pursuant to this
Agreement.
VOL ? .PAC3E, ,A.6 4
II.
COMPENSATION
A. Brazos County agrees to compensate MAKESENSE. INC. as follows:
(1) For refunds or credits from any utility or telecommunications service
company (excluding inmate telephone services), the fee is 50% of the
refunds and/or credits that result from the audit. This fee is payable to
MAKESENSE, INC. within 15 days after receipt of the refund or credit
and our invoice.
For permanent cost reductions resulting from the audit of all utilities and
telecommunication services (excluding inmate telephone services), the fee
is 50% of the reduction expected over the 24 month period following
completion of the audit. The cost reduction fee is due and payable within
30 days after the date Brazos County receives the audit report and invoice
from MAKESENSE, INC. In the event that Brazos County is required to
make any expenditures to obtain equipment or service to achieve the cost
reduction opportunities described in the audit report, the expenditures (or
quoted expenditures, if not made by the close of the audit) will be
deducted from the described cost reduction and MAKESENSE, INC.'s
fce will be 50% of the remaining balance. The County reserves the right
to pay the permanent cost reduction fee described herein, in quarterly
payments in a twelve (12) month period following completion of the audit.
If a permanent cost reduction is associated with a refund or credit, the cost
reduction fce due MAKESENSE, INC. will be included on the invoice for
the refund or credit fee.
(2) For refunds from any inmate telephone service company, the fee is 37% of
the refunds that result from MAKESENSE, INC.'s audit. This fee is
payable to MAKESENSE, INC. within 15 days after receipt of the refund
or credit and MAKESENSE, INC's invoice.
For increases in inmate telephone revenue caused by MAKESENSE, INC.
(in the form of new Agreement renegotiations with the existing service
provider, Agreement negotiations with a new service provider, or the
development and implementation of a new self - managed system) the fee is
37% of the monthly increase in net revenue (gross revenue received less
all operation and maintenance costs) for the period of 12 months. The
monthly increase in net revenue will be the new net revenue less the
average monthly revenue received during the 12 full months prior to the
revenue increase caused by MAKESENSE, INC. The fee is due and
payable within 30 days after the date Brazos County receives an invoice
from MAKESENSE, INC. for each of the 12 months following the �--�
revenue increase.
VOL I-,- PAGE 4264
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B. if Brazos County does not receive a refund, credit, a permanent cost reduction, or
inmate telephone revenue increase as provided in Paragraph I1.A.(I) or (2), no fee
shall be due and payable to MAKESENSE, INC. for its audit services. The fee
contemplated by this Agreement shall constitute the entire compensation due to
MAKESENSE, INC., including actual expenses
C. NOTWITHSTANDING anything herein to the contrary, the County shall be
under no obligation to implement recommendations made by MAKESENSE,
INC. for permanent cost reductions or to pursue refunds or credits identified by
MAKESENSE, INC. If the County, in its sole discretion, decides not to pursue
such permanent cost reductions, credits or refunds, MAKESENSE, INC. shall not
be entitled to any compensation based upon such unpursued reductions or funds.
If County decides to not implement a recommendation made by MAKESENSE,
INC., the County will provide MAKESENSE, INC. with written notification of its
intent to decline said recommendation.
D. MAKESENSE, INC. agrees that should any credits or cost reductions be
subsequently disallowed, any fees paid to MAKESENSE, INC. based upon such
disallowed recoveries, shall be credited against future payments to
MAKESENSE, INC. or promptly repaid by MAKESENSE, INC., to the County.
c
E. Should Brazos County fail to pay any fee or part thereof when due, interest on I
such amount shall be charged at the rate of one percent (1%) per month.
MAKESENSE, INC. is entitled to recover all actual costs of securing payment, ;
including interest and reasonable attorneys' fees for all efforts to collect the audit
fees.
t
Ill.
TERMINATION
Either party to this agreement may cancel this agreement by giving thirty (30) days' prior
written notice of such cancellation to the non - canceling party. Should this Agreement be
cancelled by Brazos County prior to the completion of the audit, MAKESENSE, INC.
shall be compensated for any credits, refunds or revenues identified by MAKESENSE,
INC. during the Agreement term but not received at the time of termination.
IV.
CONFIDENTIALITY
MAKESENSE, INC. warrants and represents that any information obtained by
MAKESENSE, INC. in the auditing, evaluation and implementation of the work
contemplated by this Agreement shall be held in the strictest confidence. Such
information shall be disclosed to a third party only to the extent necessary to accomplish
the purpose of this Agreement.
Z
V.
TERM
The effective term of this agreement shall be for one (1) year beginning on the execution
date of this Agreement, and shall be automatically renewed for a term of six (6) months
on the anniversary date hereof upon the same terms and conditions set forth herein, if
such audit is not complete at that time. Brazos County shall have a continuing obligation
to further account to MAKESENSE, INC. for any refund, credits or revenues as provided
herein after the termination date of this Agreement.
Vl.
EXCLUSIVITY
Brazos County agrees to retain MAKESENSE, INC. as its exclusive utility and
telecommunications auditing consultant for the duration of this Agreement.
Notwithstanding the foregoing, Brazos County reserves the right, in its sole discretion, to
initiate its own in -house review, conducted by Brazos County personnel, of any utility or
telecommunications provider. Any credits, refunds, revenues, etc., obtained through a
Brazos County in -house audit shall not form the basis of any compensation to
MAKESENSE, INC. pursuant to this agreement. The County agrees to provide
MAKESENSE, INC. with written notification of any in -house audit of utility,
telecommunications, or inmate telephone services to prevent duplication of effort.
VII.
INDEMNITY
MAKESENSE, INC. shall defend, indemnify and hold harmless the
County from and against any action, claim or demand, and all costs and
expenses including Court costs and reasonable attorney's fees, that arise
in connection with any alleged false claims, claims made in error, or any
defamation claims made against the County as a result of the work to be
performed pursuant to this Agreement.
Vill.
ASSIGNMENT
MAKESENSE, INC. shall not assign this Agreement without the prior written consent of
Brazos County.
IX.
MODIFICATION
A waiver, alteration or modification of any provision of this agreement shall not be
binding unless made in writing and signed by authorized representatives of the County
and MAKESENSE. INC.
4
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91
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X.
GOVERNING LAW
This Agreement is performable in Brazos County, Texas and shall be governed by and in
accordance with the laws of the State of Texas.
The following utility services will be excluded from the audit:
The following audits are currently in progress:
Dated: 4e✓&ndex y i91*7
ATTEST: i BRAZOS COUNTY, TEXAS
By :01 . r
• Mary Anf Ward, County Clerk Judge A vin W. Jones, County Judge r
r
ST: MAKESENSE, INC.
t
By: By: 4, A ,0 1
Name: RogcAarlow, Vice President
Title:
i
97- 3067:PEWds 1
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