HomeMy WebLinkAbout1998-05-19-0900AM-Regular•
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BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
MAY 19, 1998 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 - 22:
4. Budget Amendment 97/98 -29.
5. Personnel Action Forms.
6. Payment of Claims.
7. Approval of Proclamation regarding "Respect the Law Week."
8. Request by Justice of the Peace, Precinct 4, for transfer of personnel funds.
9. Acceptance of offer for the purchase of Brazos County's Certificates of Obligation.
10. Change Order No. 18 for the construction of the Juvenile Justice Center.
11. Request by County Attorney to change assignment of a Mastercard card to another
investigator.
12. Appointment of a Reserve (non -paid) Deputy Constable to the office of Constable,
Precinct 6.
13. Blanket Purchase Orders:
a. $2,000 to Scarmardo Produce for food purchases for Juvenile Justice Center
b. $7,500 to Sysco Foods for detention supplies for Juvenile Justice Center
14. Award of Bid No. 98 -046, Temporary Employment Services (with insurance
modification).
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Commissioners Court Meeting Agenda
May 19, 1998
Page Two
15. Requisitions from Capital Projects:
a. Discount Trophy for contributor plaques for Demonstration Garden for Agricultural
Extension.
b. Replacement computer for County Judge's office.
16. Supplemental requisition for Bid No. 98 -005, Culverts - Various Types - Annual Contract.
17. Approval to advertise for Bid No. 98 -052, Purchase of Uniforms for Sheriffs Office.
18. Exemption from Competitive Bidding for Professional Arbitrage Rebate Compliance
Services from Orrick, Herrington and Sutcliffe LLP, Inc.
19. Approval of Contract for Arbitrage Rebate Compliance Services from Orrick, Herrington
and Sutcliffe LLP, Inc.
20. Request permission by Road & Bridge to enter Tony Jones' property located off Hicks
Lane for the purpose of disposing of dead bull for the health, safety and welfare of the
general public. Site is located in Precinct 3.
21. Request permission by Road & Bridge to enter Brian Parker's property located off Nunn
Jones Road for the purpose of disposing of dead horse for the health, safety and welfare
of the general public. Site is located in Precinct 3.
22. Request permission by Road & Bridge to enter T. Parten Wakefield's property located off
Harris Lane for the purpose of cutting a ditch to drain water from driveway. Site is
located in Precinct 2.
23. Call for citizen input.
24. Announcement of interest items and possible future agenda topics.
25. 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) 361 -4102.
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COMMISSIONERS' COURT
REGULAR MEETING
MAY 19, 1998
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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, May 19, 1998, with the following members of
the Court present:
Alvin W. Jones, County Judge, Presiding;
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.
There was no citizen input and /or concerns.
The County Judge read aloud a Proclamation designating
the week of May 24 through 30, 1998 as Respect for Law Week".
Society depends 'to a great degree on the willingness of the
people to abide by and respect the laws of the community and
to support the brave individuals who strive to enforce and
defend. The Court asks all citizens of Brazos County to join
the Optimist Clubs in carrying the message. On motion by
Commissioner Cauley, seconded by Commissioner Sims the Court
moved to proclaim the week of May 24 through 30, 1998 as
t "Respect for Law Week" throughout Brazos County. The County
Judge then presented the signed Proclamation to Sheriff Chris
Kirk.
The Court next considered Budget Amendment #97/98 -29.1
through 29.7, which would set up two budgets in the Capital
Projects Fund; transfer funds from Juvenile Services to State
Aid Grant, and reallocate funds for Capital Improvements,
Personnel, County Court at Law I, and-Community Supervision.
On motion by Commissioner Sims, seconded by Commissioner
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Commissioners Court meeting May 19, 1998
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Cauley, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached hereto.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT
REASON
Mills, Steven County Attorney
Trans to DA
Rosas, Christopher County Court at Law I
Resignation
Malone, W. R. Jr. County Court at Law I
New Employee
Naylor, Jason District Attorney
Resignation
Todd, Brandee District Attorney
Comp Training
Espinoza, Maria District Attorney
New Employee
Palomares, Teresa JP Precinct 4
New Employee
Williams, Sharon Juvenile Serv.
New Emp Temp
Turney, Cheryl Purchasing
Resignation
Smith, Earl Road & Bridge
No Show
Cyrs, Malcom Road & Bridge
Termination
Akin, Chris Road & Bridge
Resignation
Orta, Salvador Road & Bridge
Resignation
Pierce, William Road & Bridge
Termination
Walker, Donna Tax Office
Trans w /in dept
Adams, Shelah Tax Office
Trans w /in dept
Hearne, Johnette Tax Office
Trans w /in dept
on motion by Commissioner Sims, seconded
by Commissioner
Cauley, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
98- 006078 through 98- 006355
On motion by Commissioner Cauley, seconded
by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
The next matter for consideration by
the Court was a
request submitted by Justice of the Peace,
Precinct No. 4
seeking approval for the transfer of personnel funds. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to delay consideration for one
week.
The next matter before the Court was the acceptance of an
offer to purchase Brazos County's Certificates of Obligation.
Brazos County received an unsolicited offer from NationsBank
to purchase the County's Certificates of Obligation. Paul
Martin, Bond Counsel, assured the County that the private
placement of Certificates of Obligation is a legal transaction
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Commissioners Court meeting May 19, 1998
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for the County and that NationsBank's offer is highly
competitive. He went on to state that the action taken this
day will be contingent on the successful expiration of Public
Hearing time. Don Grimes stated that acceptance of the offer
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submitted by NationsBank, would fix the interest rate as of
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this day and that it is a very good bid. He continued by
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saying that by accepting the offer, the County would be saving
$14,000.00 because NationsBank would not require a cost of
rating nor an official statement. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to accept the offer contingent on the successful
expiration of Public Hearing time.
The Court next considered Change Order No. 18 for the
Juvenile Justice Center Construction Contract. The Change
Order would deduct $31,293.00 from the total contract amount.
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve Change Order
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No. 18 for the Juvenile Justice Center Construction Contract
subject to the completion date being changed to November 17,
1997. A copy of the Change Order is attached hereto.
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The next matter for consideration was a request from the
County Attorney to change the assignment of a Master Card to
another investigator. The card is in the name of Steven Mills
and needs to be reissued in the name of Ron Stone. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the change.
The Court next considered a request from Constable
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Precinct 6, Phil Sikes, to appoint Charles Michael Duke as
Reserve Deputy Constable. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
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to approve the request from Constable Sikes to appoint Charles
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Michael Duke as Reserve Deputy Constable, without pay, subject
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to appointment being within the allotted number of deputies.
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Commissioners Court meeting May 19, 1998
The Court proceeded to consider the following blanket
Purchase Orders:
Scarmardo Produce Juv. Justice Cent $2,000
Sysco Foods Juv. Justice Cent $7,500
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 awarding the following bid:
Bid No. 98 -046, Temporary Employment Services (with
Insurance modification)
Cheryl Turney, Purchasing Agent,
recommended acceptance as Primary, the
bid submitted by Manpower on items
1,4,5,8,9,10; the bid submitted by Kelly
on items 2,3,7; and the bid submitted by
Initial Talent Tree on item 6.
Acceptance as Secondary, the bid
submitted by Manpower on items 2,3,6,7;
the bid submitted by Kelly on items 1,4,
9; and the bid submitted by Initial
Talent Tree on items 5,8,10. On motion
by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to as stated. A copy of the bid
tabulation is attached hereto.
The Court next considered approval of requisitions from
Capital Expenditures for the following purchases:
a) Discount Trophy for contributor plaques
for Demonstration Garden for Agricultural
Extension $113.40
b) Replacement Computer for County Judge
$1,115.00
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the requisitions
to be paid from Capital Expenditures.
The Court next considered the following supplemental
requisition for purchases *through sealed competitive bids for
the Road and Bridge Department:
Bid Amount
1) No. 98 -005 - Culverts $20,000.00
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the above
listed requisition for the Road and Bridge Department.
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Commissioners Court meeting May 19, 1998
The next matter for consideration was approval for the
Purchasing Agent to advertise for bid 98 -052 Uniforms for the
Sheriff's Office. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the Purchasing Agent to advertise for bids for uniforms.
The Court next considered an Exemption from Competitive
Bidding Requirements of Local Government Code, Section
262.024(a)(4). This is for the purchase of Professional
Arbitrage Rebate Compliance Services from Orrick, Herrington
& Sutcliffe LLP, Inc.. Commissioner Sims asked what the group
was going to study. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
approve the Exemption of Competitive Bidding Requirements and
authorized the payment for all professional services from the
designated firm for the 1997 -1998 fiscal year.
The Court next considered approval of the Contract for
Arbitrage Rebate Compliance Services from Orrick, Herrington
and Sutcliffe LLP, Inc.. Orrick, Herrington and Sutcliffe
LLP, Inc. will perform calculations relating to the arbitrage
rebate requirements contained in the Internal Revenue Code
with respect to the bond issue. Cost to the County will be as
follows:
ARBITRAGE REBATE COMPLIANCE FEE SCHEDULE
Base Fees Service Fee
Engagement Fee (one initial per -issue fee only) $500
Report Fee (per report) $2,000
Report for Student Loan & Certain Single Family
Housing Issues $3,500
Disbursement Fee (including communication,
reproduction, postage, binding, and
various materials $25
Additional Fees
Variable Yield issue (one -time fee only) +500
Transferred Proceeds Analysis (as appropriate) +500 -1,000
Commingled Funds Analysis (as appropriate) +500 -1,000
Final or 5 Year Report +500
Computation Periods in Excess of 12 months +500*
( *per additional year or fraction thereof)
Optional Services
Evaluating various elections and applications To be
negotiated
separately
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Commissioners Court meeting May 19, 1998
On motion by Commissioner Jones, seconded by Commissioner
Sims, the Court voted unanimously to approve the contract for
Arbitrage Rebate Compliances Services from Orrick, Herrington
and Sutcliffe LLP, Inc.. A copy of the contract is attached
hereto.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Tony Jones on
Hicks Lane in Precinct 3 to dispose of a dead bull.
Commissioner Sims moved to approve the request. Commissioner
Cauley seconded the motion. Commissioners Sims, Cauley,
Thornton and the County Judge voted "Aye ". Commissioner Jones
abstained.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Brian Parker on
Nunn Jones Road in Precinct 3 to dispose of a dead horse. On
motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to authorize the work.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of T. Parten
Wakefield on Harris Lane in Precinct 2 to cut a ditch to allow
water to drain from the driveway. On motion by Commissioner
Thornton, seconded by Commissioner Jones, the Court voted
unanimously to authorize the work.
Under citizen input and /or concerns, the following
comments were made:
Demetrios Basdekas - commented that this was the
first time since September that the disposal of
dead livestock has appeared on the agenda.
Commissioner Sims said that he feels the citizens
are using private contractors. Mr. Basdekas once
again stated that the service should be provided
free.
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Commissioners Court meeting May 19, 1998
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Pastor Darrell Greer - voiced concern over the
conditions at the Minimum Security Jail. He said
that while visiting with inmates, one inmate had no
linens on the cot, another had bites on his head
and one inmate reported there were worms around the
drinking fountain. Pastor Greer stated that he
wanted to inspect the jail to see if these
conditions do exist. Sheriff Kirk urged Pastor
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Greer to make an appointment to discuss the
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problem.
The County Judge made the following comments:
1. He received a fax from Phil Gramm
concerning burning. The TNRCC has given
the County the opportunity to ban burning
but he doesn't want to do that. He would
rather raise citizen awareness about
burning and being cautious during dry
conditions.
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2. There will be a workshop session at 10:30
a.m. on this date.
3, He received a printout from the Auditor
that shows Sales Tax receipts have
exceeded projections.
4. He received a letter from the Director of
Juvenile Services concerning medical
service.
5. The budget worksheets have been
distributed to the department heads.
Sixty two percent (62 %) of the budget has
been spent to date. Budget hearings
begin July 6 and continue through July
24, 1998.
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6. He received a memo from Ruth McLeod
indicating the need to appoint an-
Administrator for the Sick Leave Pool.
7. He received a letter from Belinda Lynch
in the collections department reporting a
collection of $193,000.00.
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 May 19, 1998 have been examined and are approved in open
Court this the AP day of pia". T , 19_2L, in
Bryan, Brazos County, Texas.
Alvi W. JonesV
County Judge
Wm. Thornton
Commissioner,
Precinct No. 2
Carey Cauley, Jr.
Commissioner,
Precinct No. 4
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To Jone
Commissi ne ,
Precinct No. 1
Comm $tsioner,
Precinct No. 3
Mary Anh Ward
County Clerk
BRAZOS COUNTY COMMISSIONERS MEETING ON 1 Cl/ IT 9 A.M.
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AZPS COUNTY COMMISSIONERS' MEETING ON 1Y) AT A.M.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR
NO. 97/98 -29.1 through 29.7
On this the 19th day of May 1998 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 May 19, 1998 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 19th day of May 1998.
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
f Commissioners' Court Minutes
Budget Amendment File
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98-;" 9
4117102
FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
42
6301
803500
630198
Dr
Jail Expansion
100,000.00
42
490150
630198
Cr
Tsf from Capital Improvement.,
100,000.00
45
630005
915500
Dr
Trsf to MSJ Expansion
100,000.00
45
630005
809500
Cr
Exposition Center
100,000.00
Capital Improvements - MSJ Expansion Fund
To setup the Capital Improvement Fund as approved by the Resolution adopted by the
Commissioners Court April 28, 1998. This budget amendment will setup a loan from the
Capital Improvement Fund to MSJ Expansion Fund so that the initial ground work can begin.
Upon completion of the sale of the Certificates of Obli ation(Fund 42), the money will be moved back
into the Cap'
al Improvement Fund (Fund 45).
mkw Approved By: �/ ,JI+
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -,xe6 a29 2
5/12/98
FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
43
6302
803800
630298
Dr
Improvements-Courthouse
750,000.00
43
6302
807500
630298
Architectual Fees-Capital
75,000.00
43
490150
630198
Cr
Tsf from Capital Improvements
825,000.00
45
630005
911900
Dr
Trsf to Crthse Improvement
825,000.00
45
630005
809500
Cr
Exposition Center
825,000.00
Capital Improvements - Courthouse Improvement Fund
To setup the Capital Improvement Fund as approved by the Resolution adopted by the
Commissioners Court April 28, 1998. This budget amendment will setup a loan from the
Capital Improvement Fund to Courthouse Improvement Fund so that the initial work can begin.
Upon completion of the sale of the Certificates of Obli ti (Fund 43), the money may be moved back
into the Capital Improvement Fund (Fund 45).
Also, to setup the line item budget for the Architectual Fees which were approved by the
Commissioners Court Ma 5, 1998.
Pre ared B mkw iApproved By+ • " °L�f` }
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -29.3
5/19/98
FD D
DIV I
I ACCT I P
PROJ I
I DR /CR I
I ACCOUNT NAME I
Increase D
Decrease
01 2
260010 1
1 654500 1 1
1 DR 1
10ffice Equip. Maint. 5
500.00
1 $
01 1
260010 1
1 617400 1 1
1 CR I
ITelephone 1
$
lCommunity Supervision - Support - To move funds within the division to allow for
the increase in copier maintenance
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repared 'By: kdc Approved I3y: .,� �►�
Date:., ,:. ., .. _ 5/11/98' !Dote• . ,. ; . (j• R
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FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decr ease
01
01
3120
3120
516100
531000
312098
312098
DR
DR
Hourly-Staff
FICA
8,775.00
5,762.00
s
3120
532000
312098
DR
Retirement
6,940.00
01
3120
533000
BRAZOS COUNTY, TEXAS
DR
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11,520.00
BUDGET AMENDMENTS
3120
538000
312098
DR
Worker's Comp
No. 97/98 -29.4
h
310001
516100
5119/98
Hourly-Staff
5
8,775.00
01
310001
531000
CR
FICA
5,762.00
01
310001
532000
CR
Retirement
6,940.00
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FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decr ease
01
01
3120
3120
516100
531000
312098
312098
DR
DR
Hourly-Staff
FICA
8,775.00
5,762.00
01
3120
532000
312098
DR
Retirement
6,940.00
01
3120
533000
312098
DR
Health Ins
11,520.00
01
3120
538000
312098
DR
Worker's Comp
145.00
01
310001
516100
CR
Hourly-Staff
8,775.00
01
310001
531000
CR
FICA
5,762.00
01
310001
532000
CR
Retirement
6,940.00
01
310001
533000
CR
Health Ins
11,520.00
01
310001
538000
CR
Worker's Comp
145.00
State Aid Grant
To move budget for 3 positions
that were originally budgeted in Juvenile Services (310001)
into the State Aid Grant (3120) budget.
These positions receive most of their funding through the State Aid Grant (90% Salar )
Preps der der By:`' `• r°; stc Approved BY 'r'``
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5/13/9 :Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -29.5
5/19/98
FD DIV ACCT PROD DR /CR ACCOUNT NAME Increase Decrease
01 230001 516400 Dr Hourly - Temporary 5,000.00
01 230001 516100 Cr Hourly - Staff S 5,000.00
County Court at Law #1
To transfer funds from Administative Secrctary position (8056 -1
to Temoorary position (8071 -2)
y:', Approved By :`, . r- vi.: ✓::"
Date:! ...�_.� :.. , 5/,13/98 Date: 4 ,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
• No. 97/98 -29.6
5/19/98
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FD DIV ACCT PROJ DR /CR ACCOUNT NANIE Increase Decrease
01 150001 610100 Dr Advertising-Legal Notices 2,500.00
01 150001 725900 Cr Professional Fees $ 2,500.00
Personnel Department
To reallocate budget to increase the Advertising-Legal Notices line item due to
an increase in oven positions beine advertised.
Prepared By: mk rApproved By. •
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5/13/98 Date:.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -29.7
5/19/98
FD DIV ACCT PROD DR /CR ACCOUNT NAME Increase Decrease
45 630005 802860 560098 Dr E ui ment -Other 2,000.00
45 630005 801000 560098 Cr Buildings $ 2,000.00
Capital Im rovements Fund
Road and Bridge Projects
To reclassify budget line items per request dated May 13, 1998.
�Appi•o ed
Date: 5/14/98 Date:
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NadonsDank
Commercial Bonlung Group
P. 0 Box 2518
700 Louisiana Street, 7th Floor
Ilouston. 7X 77252.2518 '
NationsBank
May 18, 1998
Alvin W. Jones
County Judge
Brazos County
300 East 26th Street. Ste 114
Bryan. Texas 77807
Dear Honorable Judge Jong:
We are pleased to advise you that NatioasIIank Texas. N.A. is prepared to make credit available to Brazos
County (ihe ' County') subject to the taus and conditions outlined in the attached term sheet This commitment
is subject to the execution and delivery to the Bank of legal dwaracats yet to be prepared, including, without
limitation, an order aulhorving the financing and related documents thereto. All such documents must be
satisfactory in form and substance to the Bank and its counsel.
The making and funding of this commitment (in addition to any other conditions which may be required in the
documents referred to in the preceding paragraph) is expressly subject to the terms and conditions ad forth in
the attached Term and Conditions.
Please evidence your acceptance of this commilmatt Icons by signing and returning to the Bank the enclosed
copy of this letter on or before May 22, 1998, the date this commitment (if not accepted) will expire.
i THIS LETTER REPRESENTS THE FINAL AGREEMENT AMONG THE PARTIES IIERETO WTTII
RESPECT TO THE SUB=- MATTER IEEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE
OF PRIOR, CONTEMPORANEOUS. OR SUBSEQUENT ORAL AGREEMENTS OF TIIE PARTIES. MIRE
ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
t
Sincerely.
/ �7.!0s
Charles W. Patterson
Senior Vice President
ACCEPTED JVT AGREED to this
L!LI&Y of IV 1998.
BRAZOS COUNTY, TEXAS
By
Name;
Title:
ptemtx•r F'I11G
qyI '� ��p,]p,�t% f•= 1'rN�Y -tea wir'r.�"rM�
TERMS AND CONDITIONS
COUNTY:
Brazos County, Texas
BANK:
Nationc%nk of Texas, N.A.
PURPOSE:
To finance the design, planning acquisition. construction, and equipping of the
following public property: courthouse renovations, jail expansion, exposition
center construction, rigbt-0f- -way acquisition, including State Mgbway 21 and
Greens Prairie Road construction, and the payment of contractual obligations
for professional services in connection with the above projects (including, but
not limited to, financial advisory. legal, architectural, and engineering).
AMOUNT:
$10.000.000.00
TERM:
IS years
INTEREST RATE:
Fixed interest rate equal to i) 4. 7608% if the certificates of obligation are
unissurod, or ii) 4. 6336% if the certificates are Insured by a bond insurance
company acceptable to Bank;, Assumes interest on the obligation is exempt
from foderal income taxation and is designated as a qualified tax exempt
obligation under the Internal Revenue Code of 1986, as amended (the 'Code)
REPAYMENT TERMS:
See attached amortization schedule
PREPAYMENT:
Subject to a make whole provision through September 1. 2008 as shall be set
forth in Loan Documents
COMMITMENT FEE:
None
SECURITY:
Pledge of an ad valorem tax levied upon all taxable property within the County,
within the limits prescribed by law, and the pledge of revenue of the Brazos
Center.
LOAN
DOCUMENTS: The loan financing shall be evidenced by certificates of obligation or other form
of obligations legally available to the County and will be governed by a
definitive resolution to be adopted by the County and containing the terms set
forth in this commitment and such other terms. conditions, warranties and
covenants as are usual and customary in similar transactions. Such loan
documents include, but are not limited to, an Order authorizing the financing, a
General Certificate. a Signature and No-Utigation Certificate, a Closing
Certificate, an Opinion of Counsel to the County (including the validity of the
obligations and the exclusion from gross income of the interest thereon undo
the Code), an Opinion of Counsel to the Bank an Opinion of the Attorney
General of the State of Texas approving the financing, as IRS Form 8038 -G, a
Cross - Receipt, a No Arbitrage Certificate (if the proceeds of the loan financing
are not expocted to be expended simultaneously with the closing), and such
other documents as the Batik or its coun:eI may deem appropriate or necessary
under the Code or the law of the State of Texas (collectively the 'Loan
Documents').
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CONDITIONS TO
y FIRST ADVANCE:
REPORTING
REQUIREMENTS:
Prior to making a loan under the Loan Documents, the following eonditiona
precedent shall have been satisfied: _
Bank shall have received, duly executed. all Loan Documents and all other
documents deemed necessary or advisable in connection therewith, all of which
shall be in form and substance satisfactory to Bank and its counsel.
So long as the County is indebted to the Bank, the County shall submit to the
Bank: (a) County's current audited financial statements within 180 days of each
fiscal year end including (i) a balance sheet, (ii) statement of revenues,
expenses and changes in fund balances, (iii) statement of cash flows.
(iv) operating fund budget analysis, and (v) appropriate notes, schedules and ,
attachments to the financial statements; and such other financial information
relating to the ability of the County to continue performing hereunder (as
submitted or approved) and permit Bank or its agents and representatives to
inspect County's books and records and make extracts therefrom The County
represents and warrants to Bank that all financial statements which have been
delivered to Bank fairly and accurately reJlect County's financial condition and
there has been no material adverse change in County's financial condition as
reflected in the statements since the date thereof.
REPRESENTATIONS
AND WARRANTIES: County represents and warrants to the Bank that the loan documentation will
contain those standard representations and warranties customarily found in
credit agreements of this nature, and others appropriate to this transaction,
i
including but not limited to the following:
The County is duly organized and validly existing political subdivision of the
State of Texas.
All n solutions and actions of the County and the County Commissioners Court
relating to the Loan Documents comply in all respects with the Constitution
and laws of the State and any applicable federal laws, and none of the necessary
actions taken in connection with the adoption of the resolution approving the
loan and the execution and delivery thereof have been repealed, rescinded or
revoked. The County has or will duly approve and ratify (i) the execution
and/or delivery of this commitment and the IA= Documents, and (ii) the
taking of any and all such actions as may be required on the part of the County
to carry out, give effect to and consummate the transactions contemplated by
the Loan Documents.
The County is a duly organized and validly existing body corporate and politic
and a political subdivision or agency thereof within the meaning of Section 103
of the Internal Revenue Code of 1986, as amended, and the related regulations
and rulings thereunder (the 'Code); County will exercise its best efforts to
preserve and keep in full force and effect its existences as a body corporate and
politic,
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FINANCIAL
COVENANTS:
OTHER COVENANTS:
CLOSING COSTS
AND EXPENSES:
MATERIAL ADVERSE
CHANGE:
SURVIVAL:
NON - ASSIGNABLE:
The County L authorized under the laws of the State of Texas to enter into the
Loan Documents and the transactions contemplated hereby and.to perform all
of its obligations hereunder.
It is the intention of the parties hereto that the Interest received by the Bank
under the Loan Documents be and remain excludable from gross income for
purposes of federal income taxation under the Code. Accordingly, the Loan
Documents will contain the necessary representation; covenants and
warranties of the County relating to sections 103 and 141 through 150 of the
Code.
All information that has been furnished to the Bank prior to this commitment
being issued is true and accurate and the County has not failed to disclose any
:reformation of a material nature regarding its financial condition.
This commitment . when accepted, and all documents and instruments to be
executed and delivered to the Bank in connection with this commitment and
the funding thereof; shall be duly authorized. valid. enforceable and binding on
the parties thereto. and shall not conflict with or constitute a breach of any
other agreements or documents of the County.
The representations herein shall be doomed to be made on and as of the closing
date of the Loan Documents.
The Loan Documents will contain financial covenants acceptable in form Land
content to the Bank in its sole and independent discretion.
The Loan Documents will contain these standard affirmative and negative
covenants and events of default customarily found in credit agreements of this
natum . and others appropriate or deemed necessary by the Bank, in its sole and
independent discretion, to this transaction.
Expenses: The County shall pay all costs and expenses incurred by the Bank in
connection with the Bank's review. due diligence and dosing of the Loan
Documents. including attorneys: fees (to include outside counsel fees incurred
by the Bank in connection with the negotiation and preparation of this
commitment. the Lain Documents plus reasonable expenses), whether or not
the transaction contemplated hereby actually doses.
This commitment may be terminated. in the sole discretion of the Bank. upon
the occurrence of a material adverse change in the financial condition of the
County.
The terms and provisions of this commitment shall survive the dosing of the
loan made hereunder, the delivery of all documents necessary to carry out the
provision of this commitment, and the funding and making of loans and
disbursements hereunder.
This commitment and the right of the County to receive loans hereunder may
not be assigned by the County.
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RELIANCE: This commitment constitutes an offer by the Bank to the County to make a loan
on the terms and conditions set forth herein and should not be relied upon by
any third party for any purpose.
AMENDMENT
AND WAIVER:
No alteration. modification, amendment or waiver of any terms and conditions
of this commitment or of any of the documents required by or delivered to the
Bank under this commitment shall be effective or enforceable against the Bank
unless set forth in a writing signed by the Bank.
GOVERNING LAW:
This oommitment and the Loan Documents shall be governed by and construed
in accordance with the laws of the State of Texas.
INTEGRATION:
The terms set forth above represent the entire understanding between the ,
County and the Bank with respect to the subject matter of this commitment
and this commitment supersedes any prior and contemporaneous agreements,
commitments, discussions and undcrstandings, oral or written, with respect to
the subject matter of this commitment
EXPIRATION:
This commitment is to be closed within sixty days of the date hereof. Should
this commitment not be accepted by the expiration date or such later date
agreed to in writing, and not closed within ninety days of the acceptance date,
then the Bank shall have no further obligation to extend credit hereunder. Any
renewal, extension or maturity and/or expiration date, or increase in amount of
this loan by the Bank shall be governed by the terms of this commitment unless
otherwise agreed to by the Bank, in writing.
ARBITRATION:
ANY CONTROVERSY OR CLAIM BETWEEN OR AMONG THE
PARTIES HERETO INCLUDING BUT NOT LIMITED TO THOSE
ARISING OUT OF OR RELATING TO THIS COMMITMENT,
INCLUDING ANY CLAIM BASED ON OR ARISING FROM AN
ALLEGED TORT, SHALL BE DETERMINED BY BINDING ARBITRA-
TION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT
(OR IF NOT APPLICABLE, THE APPLICABLE STATE LAW), THE
RULES OF PRACTICE AND PROCEDURE FOR THE ARBITRATION
OF COMMERCIAL DISPUTES OR JUDICIAL ARBITRATION AND
MEDIATION SERVICES, INC. (J.A.M.S.) AND THE "SPECIAL
RULES" SET FORTH BELOW. IN THE EVENT OF ANY
INCONSISTENCY, THE SPECIAL RULES SHALL CONTROL
JUDGMENT UPON ANY ARBITRATION AWARD MAY BE ENTERED
IN ANY COURT HAVING JURISDICTION. ANY PARTY TO THIS
COMMITMENT MAY BRING AN ACTION, INCLUDING A
SUMMARY OR EXPEDITED PROCEEDING, TO COMPEL ARBITRA-
TION OF ANY CONTROVERSY OR CLAIM TO WHICH THIS
AGREEMENT APPLIES IN ANY COURT HAVING JURISDICTION
OVER SUCH ACTION.
(A) ,Special Rults. THE ARBITRATION SHALL BE
CONDUCTED IN TILE CITY OF COUNTY'S DOMICILE AT THE
TIME OF THIS AGREEMENTS EXECUTION AND ADMINISTERED
BY J.A.KS. WHO WILL APPOINT AN ARBITRATOR; IF J— k?dLS. IS
UNABLE OR LEGALLY PRECLUDED FROM ADMINISTERING THE
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ARBITRATION, THEN THE AMERICAN ARBITRATION ASSOCIA-
TION WIM SERVE. 'ALL ARBITRATION HEARINGS WELL BE
COMMENCED WnUM 90 DAYS OF THE DEMAND FOR ARBITRA-
TION; FURTHER, THE ARBITRATOR SM4LL ONLY, UPON A
SHOWING OF CAUSE, BE PERMITTED TO EXTEND THE COM-
MENCEMENT OF SUCH HEARING FOR AN ADDITIONAL 60 DAYS
NOTICE OF
FINAL AGREEMENT: THIS WRITTEN TERMS AND CONDITIONS REPRESENTS THE
FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS,
OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE
ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
The term and conditions set forth above are a=pted this day of . 1998.
Nation' Banl4 Z XXAS, N.A. BRAZOS COUNTY, TEXAS
Name: Name:
Title: Title:
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CHANGE
ORDER
OWNER O
ARCHITECT O
CONTRACTOR O
FIELD ❑
OTHER ❑
PROJECT: Brazos County Juvenile Justice Center CHANGE ORDER NUMBER: 18
(narne. address) Bryan. Texas
DATE: April 23. 1998
CONTRACTOR: Chappell Hill Constriction ARCHITECTS PROJECT NO: 94010
(name, address) PO Box 602
Brenham, Texas 77834 -0602 CONTRACT DATE: March 27. 1996
CONTRACT FOR: General Construction
The Contract K changed as follows:
Allowance adjustments:
• Testing Allowance ($ 1,1 12.00)
•
Millwork Allowance $ 16,249.00
• Hardware Allowance $ 13,92500
• Signage Allowance $ 2,231.00
Total Allowance Remaining to be Deducted $ 31,293.00
Not valid until signed by the Owner, Architect and Contractor.
Theoriginal Contract Sum was .......................... ............................... $ 5.453.618.00
Net change by previously authonzed Change Orders .......... ............................... $ (62.697.12)
The Contract Sum prior to this Change Order was ........... ............................... $ 5.390.920.88
The Contract Sum will be (rnc, eased) (decreased) (unchanged) by this Change Order in the amount of .... $ (31,293.00)
The new Contract Sum including this Change Order will be .... .............................. $ 5.359,627.88
The Contract Time will be (mc,eased) (decreased) (unchanged) by zero was Novembe 17.,V199 -0- )days.
The date of Substantial Completion as of the date of this Change Order therefore* 0
NOTE. This summary does not reflect changes n the Contract Sum. Contract Time or Guaranteed Maximum Price which have been authonzed by Caxtnxoon
Change Directive
Croslm and Associates, IrK. Chappell Hill Construction Brazos County Commissioners Court
ARCHITECT CONTRACTOR OWNER
1 1 14 Lost Creek Blvd. Suite 430 PO Box 602 300 East 26th Street
Address Address Address
Austin, Texas 78746 Brenham, Texas 77834 -0602 Bryan, Texas 77803
otBY
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date %PZ--f date ! �� /U date 0 - ?9=g�I
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BID TABULATION 98 -046
TEMPORARY EMPLOYMENT SERVICES
` RECOMMENDATION: Primary. Manpower. 1,4,5,8,9,10 _ Secondary: Manpower. 2,3,6,7
Kelly: 2,3,7 Kelly: 1,4,9
Initial Talent Tree: 6 Initial Talent Tree: 5,8,10
AWARD DATE:
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EXPRESS
HUMAN
INITIAL TALENT
KELLY
OLSTEN
PERSONNEL
RES CONN
TREE STAFFING
SERVICES
STAFFING
MANPOWER
1 Receptionist
$ 8.58
NIB
$ 852
$ 8.17
$ 9.06
- ;•7.74
2. General Clerk 1
$ 8.58
NIB
$ 8.52
-$ 817 -
S 9.43
8.39
3. General Clerk II
$ 930
N/B
$ 8.94
$, r • ;" 8.51 •
$ 9.79
8.71
4, Data Ent Clerk
$ 9.30
N/B
$ 852
$ 8.51
$ 9.43
- 8.39 .
5. Secretary
$ 10.01
NIB
$ 9.08
$ 9.19
$ 10.15
: • 9.03 j^
6 Senior Secrets
$ 10.73
N/B
y$-, : ~'.'; •�! : ; �: 9.58
$ 988
$ 11.60
9.68
7. Accounting Clerk
$ 9.30
NIB
$ 9.25
$`.�•,''W8.51:
$ 9.06
9.03
8.Equipment
$ 9.98
NIB
$ 950
$ 10.10
NIB
9. Utility Worker 1
$ 9.36
NIB
$ 9.40
$ 9.25
NIB
8`34' `.
8.�34'i.n;•
10.UU1i Worker 11
$ 9.36
NIB
$ 9.32
$ 9.40
$ 8.95
` RECOMMENDATION: Primary. Manpower. 1,4,5,8,9,10 _ Secondary: Manpower. 2,3,6,7
Kelly: 2,3,7 Kelly: 1,4,9
Initial Talent Tree: 6 Initial Talent Tree: 5,8,10
AWARD DATE:
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aMEN
F�
"MAN
'fir •1.
MRRICK, HERRINGTON
& SUTCLIFFE U.P
May 7, 1998
Honorable Al Jones
Brazos County Judge
300 East 26'" Street, Suite 114
Bryan, Texas 77803
Re: Arbitrage Rebate Compliance Services
Dear Honorable Jones:
This letter is to confirm the engagement of Orrick, Herrington & Sutcliffe LLP ( "Orrick ") by the Brazos
County, Texas (the "Obligor") for the purpose of performing calculations relating to the arbitrage rebate
requirements contained in the Internal Revenue Code (the "Code "). The calculations are to be performed
with respect to the bond issue(s) listed on Exhibit A hereto (the "Bonds ") applying applicable federal tax
rules.
Orrick will calculate the amount of rebate liability with respect to the Bonds once per year as of the end of
each bond year (unless specifically directed in writing otherwise by the Obligor) and as of the final
maturity or redemption of the Bonds (each such date on which a rebate calculation is performed is
referred to herein as a "Rebate Calculation Date ") applying regulations of the United States Department
of the Treasury ( "Treasury") in effect on such Rebate Calculation Date. In addition, if a "penalty in lieu
of rebate" election under Code Section 148(f)(4XCxvii) has been made by the Obligor with respect to the
Bonds, Orrick will calculate, every six months, the amount of such "penalty" as of the end of each six -
month period beginning on the date of issue of the Bonds (each such date on which a penalty calculation
is performed is referred to herein as a "Penalty Calculation Date "). (The term "Calculation Date" as used
herein shall refer to a Rebate Calculation Date or a Penalty Calculation Date, as appropriate.)
With respect to each Calculation Date, Orrick will prepare or cause to be prepared schedules reflecting
the relevant calculations and the assumptions involved and will deliver a rebate or penalty liability report
and opinion addressed to the Obligor as to the amount of the rebate or penalty liability as of such
Calculation Date.
The Obligor undertakes to provide or cause to be provided to Orrick all such relevant data, as specified by
Orrick from time to time, and shall cooperate with all reasonable requests of Orrick in connection
therewith. The Obligor also agrees to inform Orrick of any actual or planned early redemption of the
Bonds at its earliest opportunity.
Orrick is not being engaged hereunder, and Orrick is not hereby obligated, to undertake any of the
following: (1) independently determine whether there were "prohibited payments" or "imputed receipts"
within the meaning of the Treasury Regulations; (2) perform an audit or review of the investments
acquired with gross proceeds or the payment of debt service on the Bonds; (3) perform calculations or
other research as to the desirability of elections or selections that may be available under applicable
federal tax law; (4) review the tax- exempt status of interest on the Bonds or any other aspect of the Bond
program except for rebate and penalty liability to the extent set forth in this engagement letter,
(S) consider any information obtained by Orrick pursuant to this engagement for any purpose other than
777 South Figueroa Street • Suite 3200 • Los Angeles. California 90011.3832
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May 6, 1998
Page 2
QRRICK, HERRINGTON
& SUTCLIFFE LLP
determining such rebate and penalty liability; and (6) update any report or opinion delivered hereunder
because of events occurring, changes in regulations, or data or information received, subsequent to the
date of delivery of such report or opinion. Should the Obligor desire Orrick to undertake any of the
foregoing, such work will be the subject of a separate engagement and a separate fee, if any. In addition,
Orrick will be entitled to rely entirely on information provided by the Obligor and the Trustee and/or their
agents and assigns without independent verification.
The fee with respect to the Bonds will be determined pursuant to Exhibit B hereto. Engagement Fees are
due upon each engagement and Report Fees arc due upon delivery of each report and opinion by Orrick.
This engagement is terminable by either party by written notice to the other, such termination to be
effective immediately; provided that, if Orrick terminates this engagement prior to delivering any
calculations or opinion, the engagement fee (if previously paid) shall be refunded. Orrick shall be
entitled to assign its, rights and obligations under this engagement in whole or in part upon prior written
notice to the Obligor, provided that no such notice is required so long as Orrick retains the obligation to
deliver legal opinions hereunder.
Orrick may have attorney - client relationships with other parties involved in some manner with the Bonds
or the Obligor (for example, underwriters, trustees, rating agencies, insurers, credit providers, lenders,
contractors, developers, advisors, investment advisors/providers/brokers, public entities and others)
whether with respect to the Bonds or some unrelated matter(s). However, to the extent that a conflict-of-
interest is created by this engagement, the Obligor hereby waives any such conflict.
If this engagement letter is satisfactory, please have an authorized official execute one copy and return it
to the undersigned.
Very truly yours,
ORRICK. HE ON & SUTCLIFFE w
By:
A. Jria ig U Vor4od
Director, Financial Services Group
Accepted:
BRAZOS COUNTY, TEXAS
By:
Title: K� dw • �, G t�
Date: 5--'11 —
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Exhibit A
Descrintion
1. $8,500,000
Brazos County, Texas
Certificates of Obligation
Series 1996
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Exhibit B
ARBITRAGE REBATE COMPLIANCE FEE SCHEDULE
BASE FEES
Service
Fee
Engagement Fee (one initial per -issue fee only)
$500
Report Fee (per report)
$2,000
Report Fee for Student Loan & Certain Single
$3,500
Family Housing Issues
Disbursement Fee (including communication, reproduction,
$25
postage, binding, and various materials)
ADDITIONAL FEES
Variable Yield Issue (one -time fee only)
+500
Transferred Proceeds Analysis (as appropriate)
+500-1,000
Commingled Funds Analysis (as appropriate)
+500-1,000
Final or 5 Year Report
+500
Computation Periods in Excess of 12 Months
+500 •
(• per additional year or fraction thereof)
OPTIONAL SERVICES
Evaluating various elections and applications
To be negotiated separately
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