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HomeMy WebLinkAbout1995-03-27-0900AM-SpecialCOMMISSIONERS' COURT SPECIAL MEETING MARCH 27, 1995 A special 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 Monday, March 27, 1995, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Sandie Walker, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Susan Gandy Secretary to County Judge Bea Green Secretary to Commissioners John Reynolds Auditor Theron Park Auditor's Office Irene Jett Auditor's Office Kay Hamilton Treasurer Richard Vance County Engineer Linda Muegge Road & Bridge Ray Crow Road & Bridge Bobby Riggs Sheriff Rita Watkins Sheriff's Office Edwin Dobbins Maintenance Bill Thornal Deputy Constable Pct. 7 Marc Hamlin District Clerk Marijane Deen CNS Wes Hall Justice of the Peace Pct. 7 Ron Quiran Intern Jim Hiney Bryan/College Station Eagle Joel Evans KBTX-TV Sherry Hostetler Rape Crisis Center Kenny Mallard Ins. Network of Texas Shirley Copeland Ins. Network of Texas Commissioner Sims gave the invocation and led the pledge of allegiance. There was no citizen input or concerns. The first matter before the Court was a request from Wes Hall, Justice of the Peace, Precinct 7, Place 2, for an additional telephone line for his office and to amend the departmental budget to offset the expense of the line. Judge Hall explained the need for the additional phone line to the members of the court. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to v0 6' PAGE Commissioners Court meeting March 27, 1995 authorize the addition of a new phone line for the office of Justice of the Peace Precinct 7, Place 2 and an amendment to the departmental budget to offset the expense. The Court next considered exercising a "Hold Over" option in a lease between Brazos County and Joe Falcone, of Brazos County for rental of office space in the building located at 1500 Nantucket Drive, in College Station, Texas, for the use of the Justice of the Peace for Precinct 1. Terms will be on a month by month basis under the same conditions and at the same monthly rental. The County agrees to pay to Mr. Falcone the amount of three hundred fifty dollars ($350.00) per month. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to exercise the "Hold Over" option in a lease between Brazos County and Joe Falcone, of Brazos County. A copy of the lease agreement is attached. On motion by Commissioner Cauley, seconded by Commis- sioner Walker, the Court voted unanimously to renew the liability insurance coverage with Nitsche & Ferguson Insurance Network of Texas, Inc. for the period of April 1, 1995 through April 1, 1996 and authorized the payment of the following premiums: Public Officials' E&O Renewal $ 48,173.10 General Liability Renewal $ 94,928.32 Law Enforcement Renewal $ 59,328.23 Property Renewal $ 24,013.00 Inland Marine Renewal valuable papers contractor's equipment radios $ 542.00 Automobile Renewal $100,714.00 TOTAL RENEWAL PREMIUM $327,698.65 The next matter for consideration by the Court was a written request submitted by the Sheriff requesting approval for out of state travel for Deputy Louis Roronka. Deputy Roronka would be traveling to St. Louis, Missouri to attend a "Triad" conference April 27, 28 and 29, 1995. The Sheriff explained that because of cancellation of training sessions in Texas, the only other place offering the conference was out of state. The Sheriff was asked what the Triad program was and Commissioners Court meeting March 27, 1995 the cost for out of state travel. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to table consideration until the Commissioners i Court meeting of April 3, 1995 to allow the Court to obtain more information. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to appoint Commissioners Sims and Walker as Brazos County representatives to the committee that will write the guidelines for the health care delivery services task force. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to forward a letter to the Court Security Division of the U. S. Marshall's Office requesting an on sight courthouse survey be conducted of the Brazos County Courthouse. The Court next considered a wavier of Competitive Bidding Requirements Local Government Code, Section 262.024(a)(2) of Vernon's Annotated Civil Statutes for the purchase of Land Clearing Services. This was necessitated due to the need to eliminate egret nesting areas along Palasota Street and Mockingbird Lane for the health, safety and welfare of the general public. On motion by Commissioner Norton, seconded by Commissioner Walker, the Court voted unanimously to approve the Waiver of Competitive Bidding Requirements and authorized a payment not to exceed $15,000.00 to Anderson Jones for the necessary work. The next matter for consideration was approval to advertise for bids for seal coat for the Road and Bridge Department. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for seal coat. On motion by Commissioner Norton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the transfer of a position from Road and Bridge to the Sheriff's Department to supervise inmate work crew(s) at VO s PAGE. 1 -7. Commissioners Court meeting March 27, 1995 county work sites. The next matter for consideration by the Court was acceptance of an easement grant conveyed to Brazos County as easement for the purpose of expanding and improving Macey Road in Precinct 2. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to authorize the County Judge to accept the easement grant from Bladge E. DiLeo, Sr. and wife Paulette M. Dileo on the expansion of Macey Road located in Precinct 2. The next matter for consideration by the Court was acceptance of an easement grant conveyed to Brazos County as easement for the purpose of expanding and improving Macey Road in Precinct 2. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to authorize the County Judge to accept the easement grant from Lee Lys and wife Lynda Lys on the expansion of Macey Road located in Precinct 2. The Court next considered approval of the Final Plat Timbercreek at Steep Hollow Subdivision in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and made the following recommendations: 1) Place road name and right-of-way width on the plat 2) Addition of note concerning shared private easement with Wickson Water Company 3) Addition of note concerning shared private pipeline easement with Southwestern Gas Pipeline Company on motion by commissioner Sims, seconded by Commissioner Norton, the Court unanimously approved the final plat of the Timbercreek at Steep Hollow Subdivision with the previously noted conditions. The Court next considered the Depository Contract for the 1995-1997 biennium. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to approve the depository contract with First American Bank of VOI,_s PAa Commissioners Court meeting March 27, 1995 Bryan, Texas. Term of the contract will begin March 1, 1995 and continue through February 28, 1997. The contract will cover all accounts owned by the County and all funds held in trust by the depositor and placed on deposit with the bank. A copy of the contract is attached hereto. The Court next acknowledged the following reports from the Auditor's office. a. FGL110 - General Ledger Sheet - All Funds b. FGL120 - Statement of Expenditures by Account - All Funds c. FGL150 - Summary of Revenue by Account - All Funds The Court acknowledged receipt of the Comprehensive Annual Financial Report for the year ended September 30, 1994. The Court acknowledged receipt of the Independent Auditor's Report on Internal Controls. The Court proceeded to consider the change of status of the following employees. NAME O'Bannon, Deborah Reed, James H. Glover, Zeak Frank, Edward W. Fields, Oliver Randall, Thomas Woerz, Bret A. Brooks, Laurie M. DEPARTMENT District Attorney Road & Bridge Road & Bridge Task Force Sheriff Office Sheriff Office Sheriff/Jail Tax Office REASON Sal Increase Termination New Employee Transfer Retirement Promotion Promotion Comp Training Commissioner Sims moved to approve the change of status. Commissioner Cauley seconded the motion. The Court discussed the change of status of Thomas Randall. Commissioner Sims then amended his motion and included the reduction of the salary for Thomas Randall to $34,134.00. Commissioner Cauley seconded the amended motion. The Court voted unanimously to approve the changes with the previously noted condition. The Court next considered the following Claims as submitted by the County Treasurer for payment: 10--General Fund Claims--6654--thru--6991-- 20--Road & Bridge Claims--7100--thru--7192 - 21--BoonvilleCemetery-------- Claims --6992--thru-------- 22--R&B Capital Projects Claims--6993--thru--6994-- 30--Capital Projects ---------Claims--6995--thru--6999-- 32--Records Mgn. & Presv------ Claims--7000--thru-------- 45--Omnibus Crime Control Claims --7001--thru------ 50--AdultProbation----------- Claims--7002--thru--7014-- 51--County Atty Hot Check Claims---7~thru- 70-1 - voL pAQ~~ Commissioners Court meeting March 27, 1995 52--District Atty Check Coll- -Claims--7018--thru-------- 54--HealthDepartment--------- Claims--7 1~ 9--thru---- 61--Health & Life Ins--------- Claims--7-O-F9---thru-------- 62--Flexible Benefit Plan Claims--7030--thru-------- 90--Brazos County Grants Claims--7031--thru- 91--MPO----------------------- Claims--7094--thru-- 09 97--Narc. Traf. Task Force Claims--7099--thru-------- Commissioner Norton questioned why the Sheriff's Department uses P.M. Lube Center. He suggested that perhaps the County needed to solicit bids on oil changes. He then asked the Auditor gather some cost figures on oil changes. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the Claims as submitted. The County Judge made the following comments: a) Sanderson Farms representatives will be at the Brazos Center March 27 and 28 to answer any questions about the operation. There being no further business to come before the Court, the meeting was adjourned. V4 PAOEJP2. a f 1e. - "'T . 7„_._.._............. - The foregoing minutes of the Commissioners Court meeting held March 27, 1995 have been examined and are approved in open Court this the day of /yam 19, in Bryan, Brazos County, Texas. 4:;?~: ~ ~ Alvi W. Jones County Judge t 4 --00 Sandi Wa er Commiss er, Precin 2 e3kZo Carey C Jr. Commiss oner, Prec 4 4 Comniss , Precinct 3 An ar County Clerk VOL. SLPAGIE *t~ Gary Non Commis ner, Precinct 1 FILED 95 MAR 24 AM 8: 04 BRAZOS COUNTY BRYAM TEXAS AGENDA 11&14..1:1. 11 _ . Co. CLEU BRA COUNTY c oU5 • BY Z A E) PUT BRAZOS COUNTY COMMISSIONERS COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, MARCH 27, 1995 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 Sims. 2. Pledge of Allegiance - Commissioner Sims. Consider and take action on the following items: 3. Citizen input and/or concerns. 4. Request from Wes Hall, Justice of the Peace, Precinct 7, Place 2, for an additional telephone line for office and authorization to amend budget for payment of additional line. 5. Exercise the "Hold Over" option in the lease with Joe Falcone for office space for Justice of the Peace, Precinct 1. 6. Renewal of liability insurance with Nitsche & Ferguson Insurance Agency and authorize payment of renewal premium. 7. Request from Sheriffs Office for out-of-state travel by Deputy Louis Koronka to St. Louis, Missouri to participate in training for Triad program. 8. Appointment of representatives to meet with Cities of Bryan and College Station relative to health care delivery services task force. 9. Letter from Commissioners Court to Federal Marshall to conduct site evaluation for courthouse security. 10. Exemption from Competitive Bidding for clearing of land to eliminate egrets for the health, safety and welfare of the general public. Location of land is 22.0 acre tract along Palasota and Mockingbird Streets and 3.58 acre tract along Palasota Street. 11. Request from Road and Bridge to advertise for bids for seal coat. 12. Request from Road and Bridge to transfer position from Road and Bridge to Sheriffs Department to supervise crew(s) at county work sites to maintain current man hours. 13. Acceptance of Easement Grant from Bladge E. Dileo, Sr. and wife Paulette M. Dileo on the expansion and improvements to Macey Road located in Precinct 2. 14. Acceptance of Easement Grant from Lee Lys and wife Lynda Lys on the expansion and improvements to Macey Road located in Precinct 2. I V0L--~E_PAQE /82r 15. Final Plat of Timbercreek at Steep Hollow, 67.37 acre tract, James W. Scott League, A49, Richardson Perry League, A44, Brazos County, Texas. Subdivision site is located in Precinct 3. 11 16. Acceptance of a Bank Depository Contract with First American Bank. 17. Acknowledge receipt of the following monthly reports from the Auditor's Office: a. FGL110 - General Ledger Sheet - All Funds b. FGL 120 - Statement of Expenditures by Account - All Funds C. FGL 150 - Summary of Revenue by Account - All Funds 18. Acknowledge receipt of the Comprehensive Annual Financial Report for the year ended September 30, 1994. 19. Acknowledge receipt of the Independent Auditoes Report on Internal Controls. 20. Consider and take action on Personnel Changes of Status. 21. Consider and take action on payment of claims. 22. Citizen input and/or concerns. 23. Adjourn The building 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) 361-4102. VOL s-PAGE-Ia-- LMAStE AGa3EL3M .IKENZ` This lease Agreement is made and entered into this day of October, 1993 by, and between JOE FALCONE, of Brazos County, herein called "Lessor", and BRAZOS COUNTY, TEXAS herein called "Lessee". In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas : Office space in the building located at 1500 Nantucket Drive, College Station, Texas to include water and sewer along with restroom. It will also provide handicap access. TERM The term of this lease shall be on a month to month basis beginning October 1, 1993 and ending on September 30, 1994. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of three hundred fifty dollars ($350.00) per month on the first of each month. USE OF PREMISES The leased premise shall be used only as an office and Lessee shall not permit the leased premises or any part thereof to be use for: (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other VO PAGE -d-9- . , „ , 1...1....... tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by Lessee. INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, fee and harmless, from any and all liability for injury to, or death of, any person, including employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of lessee; provided that nothing in this agreement shall expand or enlarge the liability of lessee greater than that of Lessee under the Texas Tort Claims Act. LESSOR REPAIRS Lessor shall, after notice and at his expense, make all roof, floor (other than surface material), pavement, electrical, plumbing, air-condition, heating, structural repairs and replacements, including but not limited to those required by public authorities, all repairs and replacements to and painting of the exterior walls, (outside doors and overhead doors are considered as outside walls). Lessor shall replace all broken window and plate glass except damage resulting from negligence of Lessee. If Lessor fails or neglects within a reasonable time to make repairs or corrections which, under the terms hereof Lessor is required to make after written notice to Lessor by Lessee, or having started such repairs or corrections, Lessor fails to complete them within a reasonable time, Lessee may cause such repairs or corrections to be made or completed at Lessor's cost and expense and may deduct from subsequent installments of rent an amount sufficient to reimburse itself for costs and expenses incurred. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of buildings shall be made at the expense of PpGE ~s.~ VOL Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. DESTRUCTION OF PRMKISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of all buildings and improvements now located on the leased premises, or if more than fifty percent (50%) of the total floor space of the leased premises shall be rendered unfit for Lessee's occupancy this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PRESSES Lessee stipulates that the leased premises, as well as all building and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. 3 VO _ PAGE ~ 4 1 UTILITIES All charges for electricity, water and other utility services shall be paid by Lessor. IMPROVEMENTS PROPERTY OF LESSOR All alterations, changes, and improvements built constructed, or placed in the leased premises by Lessee, other than movable personal property shall, unless otherwise- provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee at the termination of the lease shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change, or improvements on the leased premises without having first obtained the written consent of Lessor. LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complies with by Lessor, and such violation or failure continues for fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BE LESSEE Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. 4 VOL -G--PAGE d HOLD OVER At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. RIGHT OF INSPECTION Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all building and improvements thereon; provided however that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. PARKING Ample space will be provided for parking vehicles. NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, Joe Falcone c/o BCS Capital Corp., P.O. Box 9018 College Station, Texas 77842. Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-5327, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. USE OF OFFICES The leased premises are to be used as office space for the Justice of the Peace for Precinct One (1) of Brazos County. 5 VOI.PAGE - Z... LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent payable under this lease shall be paid to Lessor at P.O. Box 9018 College Station, Texas. TEXAS LAIR TO APPLY This agreement shall be construed under and in accordance with the laws of the State 'of Texas, and all obligations of the parties created hereunder are performable in Brazos County. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. AMENDMENT No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. LESSOR: JOE FALCONE LESSEE: ATTEST: BRAZOS COUNTY By: Mary n Ward R. J. Kdlmgrberf County Clerk County Judge 1, B VOL--s _ PARE w ..,....,,....._..._.m..~., . ~.~_~,.~........~,.T.~_.., ~I 1 TO: John Reynolds, County Auditor FROM: Al Jones, County Judge RE: EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS OF LOCAL GOVERNMENT CODE, SECTION 262.024(a)(2). Please be advised that on this 27th day of March, 1995, at a Regul>u Session of the Commissioners' Court on which the following members were present: Pct. 1 Pct. 2 Pct. 3 Pct. 4 The Commissioners' Court has determined that there is a need to purchase Land Clearing Services- and hereby grants an exemption from the competitive bidding requirement for the necessary and approved services provided by Anderson Jones . The Court considers these services necessary to preserve and protect the public health of the residents of the County, as provided in the Local Government Code, Section 262.024(a)(2). The Court hereby approves all such payments to the designated vendor for an amount not to exceed S 15,000.00 VOLS. PAGE-Z& <90 a THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and FIRST AMERICAN BANK, a state banking corporation, organized under the laws of the United States and authorized by law to do banking business in Bryan, Texas, and now conducting such business in said Bryan, Texas, hereinafter called "BANK". I. DEPOSITOR through action of its Commissioners Court, hereby designates BANK as a depository for the period beginning March 1, 1995 and continuing through February 28, 1997. This contract is to cover all accounts owned by the County and all funds held in trust by the DEPOSITOR and placed on deposit with BANK. II. During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument. III. BANK's response to County Bid Request for Depository Contract (County Bid Request No. 95- 009 - Exhibit A) is incorporated and made part of this contract for all purposes. Iv. DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSTTOR's account from which funds were withdrawn to establish the time deposit. Interest shall be calculated at the rate which BANK has bid (No. 95-M) for the particular denomination and time period of said deposit at competitive public bidding for said deposits (see Exhibit B attached). Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. VOL ---PAGE ♦ y V. BANK will be bompeaaated for any and all services rendered to DEPOSTTOR under this Depository Contract (see Exhibit C and G attached). BANK agues to offset monthly service fees (as established and set out in the BAN)Vs Application) against its custcmary earnings credit for balances in DEPOSITOR's transaction accounts; provided, however, if there is insufficient earnings credit against which such fees may be offset, DEPOSITOR will be charged for such services monthly. BANK's Application and Bid For Depository Services, including all exhibits and addenda thereto, is incorporated herein by reference. VI. All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Fund Collateral Act (Me Government Code, Chapter 2257). The total of the market value of the collateral (plus accrued interest or income to the extent it is not included in such market value obtained as provided herein) securing such deposits will be in an amount at least equal to the amount of such deposits increased by the amount of any accrued interest and reduced to the extent that such deposits are insured by an agency or instrumentality of the United States government. The market value with respect to any securities (collateral) as of any date and priced on such date will be obtained from a primary dealer. The value of a surety bond is its face value. BANK must receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24) hours notice is necessary on deposits totaling in excess of $1,000,000 during any banking business day. However, failure to give such notice does not excuse the BANK from properly securing these deposits in accordance with this agreement and the Public Fund Collateral Act within one (1) business day of the deposit. The Commissioners Court and/or its designated representative has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is deemed to be of high security risk. VII. BANK has heretofore' or will immediately hereafter deliver to the County Treasurer (hereinafter designated as "TRUSTEE") or the designated agent of the County Treasurer, collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by TRUSTEE in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. 2 VO PAGE IF-? ~.~III+wi~uWa.wai~siuwxw+NW-ryr.w.w.ur.xun.N..wuw~xrrr~.n .~x-+. M~x~ni nAwwsn.aAk wm....ww..M,~..r r - 1 N BWrr,~. ii i... .i _ ~ ,...i. .u~.u .,..r~.i .4~ r...i.....w i..u.ns.xl.n.n ~.n..✓. _.r J r .......h .u ..w ...1a.xw x... _ .~1 _ J. . ~ ~..~~......~nn~.....n~~~~.nrn~~~i„~.nixnnni~~ ~ ~ ~ ~..~n•x . _ ..n.. .T..... ',nr..-~-nni~wi~wiw-irtxwixnixninnnYnrwxxnrwi.~xrmni n~.~i. VIII. Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize the TRUSTEE to surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the TRUSTEE upon receipt of a certificate whereby the DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform its obligations under this contract, has otherwise breached this contract or has become insolvent. The BANK agrees and hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s) shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or convert the collateral to the use of the DEPOSITOR The BANK agrees and is bound to provide any other approvals or consents the TRUSTEE may require in order to release the collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the TRUSTEE refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. DL Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be either at public or private sale; provided, it shall give both TRUSTEE and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefor for cash. DEPOSITOR and BANK shall have the right to bid at such sale. X If Bank shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral and deposited with the TRUSTEE, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with TRUSTEE be less than the total sum of the DEPOSTTOR's funds on deposit with said BANK, BANK shall immediately deposit with TRUSTEE such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be 3VOL- 5'-PAGE -/V entitled to income on securities held by TRUSTEE, unless there is insufficient collateral on deposit with the TRUSTEE to cover the public funds as required by law at the time the request is made. Approval 'of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not seasonably cured and the DEPOSITOR's consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The TRUSTEE's consent as well as the consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the TRUSTEE the replacement collateral that is being offered, and the TRUSTEE and Depositor must accept such replacement. M. If at any time the collateral in the hands of the TRUSTEE shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the TRUSTEE based on a written request from the BANK to the Commissioners Court. XII. Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. XHI. When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR, it shall be the duty of the TRUSTEE to issue a certificate to that effect to the BANK and the Commissioners Court, and, if all obligations under this agreement and applicable law have been fulfilled, Commissioners Court will issue written authorization to the TRUSTEE to deliver all collateral being held in the possession of the TRUSTEE to the BANK. XIV. This contract is subject to, and incorporates, the current laws governing the relationships between counties, depositories and custodians/trustees and related entities as established by the Texas Local Government Code, the Texas Government Code, and the Texas Business and Commercial Code and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and regulations which govern or apply to this contract. BANK further warrants that in the event that it is aware of any violation of applicable laws, rules and regulations, it will bring the event to the attention of the TRUSTEE and the DEPOSITOR immediately and in writing within three (3) business days. 4 VO PAGE -IN- • 9 IYuWYr..mW++~n..~r... p. ~a..~ w i n~aA i.~ ~.r ii ~~r.e4.__.r.~a~..~~...a.._w..a..r.r......~~.. r•i.~WJ.u..Y. n:.~...~r.w ..W .'r r. i+.~ _ ..nnn..nnir.mnn...... nur~~nn.~.. - r X♦. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Ac,, and the Government Code Chapter 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. XVI. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR Al Jones, County Judge Brazos County, Texas 300 East 26th Street Bryan, Texas 77803 TRUSTEE: Kay Hamilton, County Treasurer Brazos County, Texas 300 East 26th Street Bryan, Texas 77803 BANK: Charlie Zikes Executive Vice President First American Bank I I I I Briarcrest Drive Bryan, Texas 77802 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. XVII. BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned, pledged or encumbered and that no lien, or security interests exist other than the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the TRUSTEE is intended as perfection of DEPOSTTOR's security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by TRUSTEE for the benefit of DEPOSITOR and as security for DEPOSTTOR's funds. sVOL 5' PAGE ~~E The Commissioners Court shall deliver to BANK within five (5) working days from the date of execution of this,agreement, a list of those individuals authorized to act on behalf of the Court, the Clerk's, the 'fax Assessor-Collector, and the Law Enforcement Offices in regard to the matters stated herein. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors indicating the authority of an individual(s) to • ; pledge collateral on behalf of the BANK 'This contract, and the BANK's response to Brazos County Invitation to Bid No. 95-009, represents the entire agreement between the parties and supersedes any and all representation or agreement, both oral or written, not therein reflected. If any conflicts or inconsistencies shall arise among the terms of this agreement and BANK's response to said Bid No. 95-009, the terms of this Contract shall control, then the terns of Bid No. 95-009 and then the Response. It is noted that there are no Exhibits D, E, or F. EXECUTED this 27th day of March, 1995 by the undersigned duly authorized officers of the parties hereto. FOR FIRST AMERICAN BANK: Charlie Zikes DATE: 3-31-95 (Name) bo=tive Vice President (Signs a (Title) FOR BRAZOS COUNTY: ALVIN JONES DATE: 3 17.76e ~1...~ COUNTY JUDGE (Signat&) i f 6 VO n PAGE -d-,~_. W Y W~u~~.. m•.. ,~„W.. n ~,...~i, y. ...w,..., ..0..,w .wa.:,w.... .,.w..,..r .4. ..r..+. ~......c.... THE STATE OF TEXAS § COUN'T'Y OF BJZAZOS § B FORE ME, o this day personally p~eared (~%Jit,ct,e. . 1A tome the person whose name is subscribed to the forgoingent, d acknowledged to me 'GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3~sT of March, 1995. YLC L of BANK, known that he/she executed the same as the act and decd of the BANK a corporation, for the purpose and consideration therein expressed and in the capacity therein stated. &4& Y 7-,,W l J,- l Notary Public, State of Texas Printed Name: P-4 P.1fi 4kIrP. U I'Mbe,r LAMA RRE WINSERO Commission Expires: 3 ' ~G - 9 8 ~y P&k draw wyown~rwo Low MARCH 16, 1998 THE STATE OF TEXAS § COUNTY OF BRAZOS § BEF ME,_ on C y ~]-onally ppeared , of BRAZOS COUNTY, TEXAS known to me the person whose name i bscribed to the forgoing instrument, and acknowledged to me that he executed the sam the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capaciW therein stated. GIVEN UNDER MY HAND AND SEAL OF OFIEF,-~As the _A of March, 1995. *n > ubk Stab W MORE N = Notary Public, My Wmmim Eipim 1.1697 Printed Name: Commission Expires: of Texas VOL.;PAGE -?12. SECRETARY'S CERTMCATE The undersigned, Keith H. Kuttler, Secretary of First American Bank, hereby catifies that the following resolution is a true and correct copy of a resolution duly adopted by the Board of Directors of First American Bank, at a Board meeting duly convened and hold on March 30, 1995, at which a quorum was present and voting, and that such resolution has not been amended or rescinded as of the date hereof. i WHEREAS, a Bank Depository Contract between First American Bank ("Bank") and Brazos County has been received and reviewed by the Board of Directors; and ' WHEREAS, this Board of Directors deems it to be in the best interest of the Bank to execute this contract; NOW, THEREFORE, BE IT RESOLVED, that this Board of Directors approves the contract and authorizes, directs and empowers Charlie Zikes, Executive Vice President and Cashier of the Bank to execute said contract; and FURTHER RESOLVED, that Ivan M. Olson, President; Charlie Zikes, Executive Vice President, Cashier, and Edgar J. Wyngaarde, Vice President, Controller are hereby authorized and empowered to pledge collateral on behalf of the Bank to Brazos County. IN WITNESS WHEREOF, I, Keith H. Kuttler, Secretary of First American Bank, hereunto set my hand this the 3141- day of 1995 and certify that the above and foregoing is a true and correct copy of the Resolution passed by a majority of the members present and voting at the meeting held on the above day and date, Keith H. Kuttler Secretary STATE OF TEXAS COUNTY OF BRAZOS § This instrument was acknowledged before me on th&AeLday of' 1995 by Keith H. Kuttler, First American Bank, on behalf of said Bank. Notary' Public in and for Brazos County, Texas =..>07131/97 LAURA Noury L~ q T~ ission EVi= VO PAGE L _ w _ k _ _ . w - ..W s a . . .FIRST ;Wencan NK : January 20, 1995 i E 1 EXHIBIT A I oU5_ The Honorable Al Jones Brazos County Judge Brazos County Courthouse Bryan, Texas RE: Depository Bid No. 95-M Dear Sir. Enclosed please find First American Bank's bid to act as the depository bank for Brazos County for the biennium period beginning March 1, 1995. Also please find enclosed our cashier's check #94178 in the amount of $148,000. We look forward to continuing our banking relationship with Brazos County Should you have any questions regarding this bid, please do not hesitate to call. Very truly yours, Charlie Zikes Executive Vice President and Cashier CZ:cw Enclosures tItt &WcrelDrk &YWn Tcw TM (409? 2% 300 P.O. Boos tam Brp% Taos TM Pa%*W MC vOL-S--- PAGE t b amw4 so oFF1cE dwf M7400 COURTHOUSE 4"1430 FAX JoHN T. REx ows COUN YAUDITOR BRAZOS COUNTY, TEXAS ADDENDUM TO: Bid No. 95-009, Vendor List for Depository Contract FROM: John Reynolds, County Audit DATE: January 5, 1995 SUBJECT: Bid Opening Date for the Depository Bids EXHIBIT A 2 of 5 300 EAlT M STRW SURE 11, ORYAI( TEXAS 77!00 The following corrections to Bid No. 95-009, County Depository Contract for the Biennium Period Beginning March 1,1995: "Bids will be received at the Brazos County Judge's Office until 8:30 A.M., Monday, January 23,1995 and publicly opened and read aloud at 9:00 A.M., Monday, January 23, 1995 in the Brazos County Commissioners' Courtroom, Suite I IS, Brazos County Courthouse, Bryan, Texas " The envelopes should be changed to read: "DO NOT OPEN UNTIL 9:00 AM, MONDAY, JANUARY 23,1995" Please sign and date this addendum and return with your competed bid. Signature: Firm: First 44can Bank Date: 1-20-95 VO PAGE -n?W f, h . _ EXHIBIT -A 3 of 5 INVITATION TO BID COUNTY DEPOSITORY CONTRACT Biennium Period Beginning March 1, 1995 BRAZOS COUNTY, AUDITORS OFFICE Brazos County Courthouse, Suite 314 Bryan, Texas 77803 Telephone (409) 3614355 Bid Request No. 95-009 Page 1 of 5 pages Bids will be received at the Brazos County Judge's Office until 8:30 A.M.- Tuesday. January 17_ 194,E and publicly opened and read aloud at 9:00 A.M.. Tuesday. January 17. 1995 in the Bums County Commissioners' Courtroom, Suite 115, Brazos County Courthouse, Bryan, Texas. All bids shall be addressed and all envelopes shall be labeled as: "AL JONES, BRAZOS COUNTY JUDGE" "COUNTY DEPOSITORY CONTRACT FOR THE BIENNIUM PERIOD BEGINNING MARCH 1, 1995" "BID NO. 95-009" "DO NOT OPEN UNTIL 9:00 AM, TUESDAY, JANUARY 17,1995" A. SCOPE OF BID Bids are solicited for Brazos County's depository for the biennium period beginning March 1, 1995 for the official County funds, including all trust funds and those of the common school districts. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Auditor, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions, and those on the reverse side of this page and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - The government of Brazos County, Texas and its authorized representatives. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. VOL`S-7- PAGE -4,04. EXHIBIT A 4 of 5 Bid Continuation Shed Bid Request No. 95-009 I3RAMS COUNTY, TEXAS Page 3 of 5 pages 11. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 13. Each bid must be submitted on forms provided. C. SPECIFICATION AND QUOTATION The undersigned, a banking corporation, with paid up capital stock in the amount of S 2, 800, 000.00 and permanent surplus of S 21, 200, 000.00 hereinafter called Bidder, for the privilege of acting as County Depository for the coming biennium period beginning March 1, 1995 for all Brazos County funds, County Clerk trust funds and District Clerk trust funds. 1. The Successful bidder will be acquired to execute the attached contract labeled as "Exhibit A". 2. All bidders are required to complete Exhibit B, Exhibit B-l, and Exhibit C for tabulation purposes. 3. The Depository Pledge Agreement shall specifically include taut accounts held by the County Clerk, District Cleric, County Attorney, District Attorney, Adult Probation Department, and Juvenile Services Department. (Please see Exhibit F.) 4. The Bidder will keep the County's deposit records and accounts for the period covered by this bid. Included in and required as part of this duty are the following: a. Preparation of monthly statements showing debits, credits, and balances of each separate fund. b. Preparation of all accounts, reports, records which may, from time to time, be required by the County in order to properly discharge the duties as provided by law of Depository. C. Daily Maintenance (as necessary) of all accounts deposited with the Bidder. VO S _ PAGE .moo . Z t, EXHIBIT A 5 of 5 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 95-009 Page 4 of 5 pages 5. The Bidder will, at no charge, assist the County in any investment of its funds which the County is authorized to invest by law. The County will be responsible for any charges levied by third parties. 6. The NOW account interest earned by the County on a monthly basis will be calculated at the end of each month using the contracted method for calculating interest (which has been set out on Exhibit B). The total interest earned will be delivered to the County Treasurer in the form of one check for all accounts by the fifth working day of the following month. The check will be supported with a schedule of interest earned and paid by account. 7. The Bidder will sort in numerical order the canceled checks for Brazos County Clearing Account, Brazos County Payroll Account, Brazos County General Fund. Brazos County Jury Fund Account, Brazos County Flexible Benefits Account and the County Attorney Restitution Account. S. The Bidder will furnish on a monthly basis an analysis of accounts maintained by the County (see Exhibit D-and D-1), to include, but not limited to, the following items: a. Average ledger balances and average collected balances of all accounts. b. Activity analysis of banking services provided. 9. The Bidder must furnish a statement showing the financial condition of the bank on the date of application. 10. The Bidder most furnish a certified check for at least one-half percent of the County revenue for the preceding year. This check is a good faith guarantee on the part of the dpplicant that if accepted as the county depository, it will execute the bonds required as outlined in Local Government Code Chapter 116. The County shall retain the amount of the check as liquidated damage if Bidder does not provide bonds. VO PAGE . ' --l-, EXHIBIT B . BRAZOS COUNTY, TEXAS DEPOSITORY CONTRACT BIENNIUM PERIOD BEGINNING MARCH 1, 1995 ACCRUED INTEREST SCHEDj IMF A. Now Accounts: First American Bank agrees to provide I4CW aeaomts and pay interest ' he greater of the Bank's stated rate or an interest rate equal to 90% of the 91 Day T-Bill Discount Rate as quoted by The Wall Street Journal for the settlement date prior to the first of the current month on the daily collected ba]anees. (All County Funds will be maintained in interest bearing accounts on a daily basis. Interest for the Now Account should be based on a 365 day year. Interest rate should be stated as a flat monthly rate, or in relation to an establish Treasury Bill rate.) B. Single Maturity Time Deposits of S100,000 or more: Maturi line ' ea of First American Bank's stated rate or. e 91 Day T-Bill Disoomt rate 7 - 29 days minus 50-basis osnts . . The greater o First American Bank's stated rate or the 91 Day T-Bill Disooant rate 30 - 89 days minus 40 basis points. The greater of First American Bank's stated rate or the 91 Day T-Bi1l Discount rate 90 - 179 days minus 20 basis pQiruts. The greater of First pp~~iton Bank's stated rate or the 91 Day TAM Discount rate 180 - 364 days plus 5 basin goincs. C. Single Maturity Deposits of Less Than $100,000: The greater of First AWxican Bank's states rite or the ~1 Day T-B' Discount rate 7 - 29 days minus 5 basis ants. Mg oar Day Bi11 Disc= rattee 30 - 89 days minus 55 basis nts. The grea o irst pper~..~icon Bank's states t rate IM D 1 h iscoun rate or t e 9 Day T 90 -179 days minus 35 basis points . The greater of First American Bank'§ state, rate or the 91 Day T-Bill Discount rate 180 - 364 days minus 10 basis pints. The greater of First American Bank's state 1 year or more, but less rate or the 91 Day T-Bill Discount rate than 2 years plus 20 basis points. VO S PAGE .~-J6 .1-(- i i EXHIBIT C BRAZOS COUNTY, TEXAS SERVICE AND FEE SCHEDULE DEPOSITORY CONTRACT BIENNIUM PERIOD BEG2 4MG MARCH 1, 1995 Account Maintenance Checks Paid Deposits ACH Debits ACH Credits Local Clearing Non-encoded Houston Area Items Non-Encoded I Ith Federal Dist, Non-Encoded Other Federal Dist. Non-Encoded Wire Transfers Items Deposited Returned Recleared Items Deposited Returned Standard Stop Payments Intra-Bank Transfers Coins Provided/ Rolled Currency Provided / Strap FDIC Insurance Balance Inquiry Cashier's Checks Money Orders Zipper Lock Bags Zipper Non-Lock Bags Serial Sort Printed Deposit Slips ACH Payroll Processing From Tape ACH Payroll Credits ACH Payroll Processing From Diskette Safe Deposit Box (10 x 10) Account Overdrafts Interest Expense Earnings Credit On Average Collected Balance 7.50 per account 7.50 per account .10 each .10 each .15 each .15 each .10 each .10 each .15 each .15 each .05 each .05 each .06 each .06 each .06 each .065 each .06 each .065 each 7.50 each 7.50 each 1.50 each 1.50 each 2.00 each 2.00 each 15.00 each 15.00 each N/C N/C .07 each - 07 each 30 each .30 each .16/S1000 ledger .16/1,000 ledge orifflc N/C Nir (faxed report on1 N/C N/C 2.50 each 2.50 each N/C N/C N/C N/C .02 minimum S25 $25.0( N/C N/c S25/Tape mmrn=sco+tinued by f .08 each .08 each S15 each 15.00 each N/C N/C N/C c_pe F'[h i hi t t_ At The NM Account Combined mm+ of all inter Rate Paid For The Period paid on NOW accwats Average of 91 day T-Bill Discount Rate For The Period Aveow_ owl Day T-Bill Disoaint rate for the period r Federal Deserve Board reserve requirement per stated oollected 10% acoount balance VOL 'J-PAGE 90C 1.--_-____.______..-._ . -1________ EXHI IT G First American Bank shall pay all overdrafts which occur in an aooount or ao=mts of the Oounty up to an aggregate amount of $500,000.00. The County shall pay no service charge for such overdrafts but shall pay interest thereon at the rate equal to First American Bank's base loan rate floating. The maximmn number of days the overdraft shall be allowed is ten (10) banking days. VO PAGE I'