ORDER N0.28887 RENEWAL OF AGREEMENT WITH RBC DAIN RAUSCHER INC. Came to be heard this the 25th day of October 2004 with a motion made by Commissioner Letz seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 the renewal of agreement with RBC Dain Rauscher Inc as Kerr County's Financial Advisor. ,. _. ~ ~ v ~ ,'J COMMISSIONERS' COURT AGENDA tcEQUEST 0 PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: County Judge~// L/ MEETING DATE: October 25, 2005 TIME PREFERRED: SUBJECT: Consider and discuss renewal of Agreement with RBC Dain Rauscher, Inc. to serve as Kerr County's Financial Advisor. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity- See Agenda Request Rules Adopted by Commissioners' Court. FA AGREEMENT FINANCIAL ADVISORY AGREEMENT OCTOBER 18, 2004 Honorable Judge and Commissioner's Court Kerr County Kerr County, Texas 700 Main St. Kerrville, TX 7$028 Ladies and Gentlemen: ~.. ~-y~, o c !~ ~ ~ c~~` i ~ r/ ~8_~, y I. Retention of RBC Dain. We understand that the Ken County ("Issuer" or "you") will have under consideration the issuance of obligations evidencing indebtedness ("Obligations "), either in a single financing or in a series of financings, and that in connection with the issuance of such Obligations you hereby agree to retain RBC Dain Rauscher Inc. ("RBC Dain' as your financial advisor in accordance with the terms of this financial advisory agreement ("Agreement "). This Agreement shall apply to all Obligations that may be authorized and/or issued or otherwise created or assumed during the period in which this Agreement is effective. 2. Scone of Services. As financial advisor, we agree to perform the following services: (a) Analyze the financing alternatives available to the Issuer, taking into account its borrowing capacity, future financing needs, policy considerations, and such other factors as we deem appropriate to consider. (b) Recommend a plan for the issuance of Obligations that will include: (1) the type of bonds (current interest, capital appreciation, deferred income, etc.); (2) the date of issue; (3) principal amount; (4) interest structure (fixed or variable); (5) interest payment dates; (6) a schedule of maturities; {7) early redemption options; (8) security provisions; (9) appropriate management fee and takedown; and (10) other matters that we consider appropriate to best serve the Issuer's interests. To the extent appropriate, the plan will address strategies in addition to the issuance of obligations, such as interest rate derivative transactions. (c) Advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates, bidding conditions or timing of issuance. (d) Organize and coordinate the financing team. Unless otherwise directed by you, we will select the paying agent, escrow agent and verification agent, as the particular transaction may require, each of whom will be retained and compensated by you. In a negotiated offering, we will solicit and evaluate underwriter proposals upon request and make a recommendation for the hiring of the underwriter(s). (d) Work with counsel on the transaction, including bond counsel whom you retain, who will be recognized municipal bond attorneys, whose fees will be paid by you, and who will prepare the proceedings, provide legal advice concerning the steps necessary to be taken to issue the Obligations, and issue an unqualified opinion (in a form standard for the particular type of financing) approving the 2ivoa legality of the Obligations and (as applicable) tax exemption of the interest paid thereon. In addition, bond counsel will issue an opinion to the effect that the disclosure document does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Generally, working with counsel will mean coordinating with the attorneys and assisting in the financial advisory aspects of preparing appropriate legal proceedings and documents, including documents concerning any required election. (e) Assist in the Issuer's preparation of the Preliminary Official Statement ("POS"} and the Official Statement ("OS") or equivalent document as the particular transaction may require (such as a private placement memorandum). (f) In connection with a competitive sale, we will: i. coordinate the preparation of the Official Notice of Sale, the Uniform Bid Form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale) and other such documents which you may request or deem appropriate; ii. submit all such documents for examination, approval, and certification by appropriate officials, employees, and agents of the Issuer, including bond attorneys; iri. coordinate delivery of these documents to a list of prospective bidders; iv. where appropriate, organize investor meetings; v. coordinate the receipt of bids; vi. advise as to the best bid, including acceptance or rejection of the best bid; vii. if a bid is accepted, coordinate the delivery of and payment for the Obligations; viii. assist in verification of final closing figures; iz. provide copies of documents to the purchaser of the Obligations in accordance with the terms of the Official Notice of Sale and the Uniform Bid Form. (g) Make recommendations as to credit rating(s) for the proposed Obligations and, should the Issuer seek a rating, coordinate the process of working with the rating agency or agencies and assist in the preparation of presentations as necessary. (h) Make recommendations as to obtaining municipal bond insurance, a liquidity facility or other credit enhancement for the Obligations and, should the issuer seek any such credit enhancement, coordinate the process and assist in the prepazation of presentations as necessary. (i) Attend meetings of governing bodies of the Issuer, its staff, representatives or committees as requested. (j) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations. You acknowledge that advice and recommendations involve professional judgment on our part and that the results cannot be, and aze not, guaranteed. zrvoa Information to be Provided to RBC Dain. You agree (upon our request) to provide or cause to be provided to us information relating to the Issuer, the security for the Obligations, and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided by you or on your behalf to us under this Agreement, you agree upon our request to obtain certifications (in a form reasonably satisfactory to us) from appropriate Issuer representatives as to the accuracy of the information and to use your best efforts to obtain certifications (in a form reasonably satisfactory to us} from representatives of parties other than the Issuer. You acknowledge that we are entitled to rely on the accuracy and completeness of all information provided by you or on your behalf. 4. Official Statement. You acknowledge that you are responsible for the contents of the POS and OS and are subject to and may be held liable under federal or state securities laws for misleading or incomplete disclosure. To the extent permissible by law, you agree to indemnify and hold us harmless against any losses, claims, damages or liabilities to which we may become subject under federal or state law or regulation insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon omission or alleged omission to state in the disclosure document a material fact required to be stated therein or necessary to make the statements therein not misleading; and will reimburse us for any legal or other expenses reasonably incurred by us in connection with investigating or defending any such loss, claim, damage, liability or action. 5. G-23: Competitive Issue. In connection with Rule G-23 of the Municipal Securities Rulemaking Board, the Issuer agrees that RBC Dain may submit a bid (either independently or as a member of a syndicate) for any issue of Obligations when offered for sale at competitive bid and prior to submitting any such bid we shall obtain the Issuer's written consent to bid on the particular issue of Obligations. 6. G23: NeEOtiated Issue. If, during the term of this Agreement, we are asked to serve as underwriter with respect to any issue of Obligations of the Issuer to be sold on a negotiated basis, we will, by written notice to the Issuer, and upon the Issuer's written consent, terminate our obligations under this Agreement with respect to that issue of Obligations. This Agreement, however, will stay in effect with respect to other Obligations of the Issuer for which we are not acting as underwriter. Fees and Expenses. In connection with the authorization, issuance, and sale of Obligations, you agree that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee will become due and payable simultaneously with the delivery of the Obligations to the Purchaser. Our fee does not include and we will be entitled to reimbursement from you for any actual "out-of-pocket" expenses incurred in connection with the provision of our services, including reasonable travel expenses or any other expenses incurred on your behalf. These expenses will be due and payable when presented to the Issuer, which normally will be simultaneously with the delivery of the Obligations to the Purchaser. 8. Interest Rate Derivatives. If you decide to consider the use of interest rate derivative products as part of the financing plan for Obligations covered by this Agreement, we will be pleased to provide our assistance upon request. The nature of our assistance will be set forth in an amendment to this Agreement or in another separate document. 9. Other Conditions. In addition to the terms and obligations herein contained, this Agreement is subject to the following special conditions: NONE v2ioa 10. Term of Agreement. This Ageement shall be for a period of 60 months (the "Term") from its date; however, this Agreement may be terminated by either party upon 60 days written notice. If neither party provides written termination prior to the end of the Term, this Agreement will automatically renew for another Term. Paragaphs 4 and 8 (insofar as it concerns reimbursable expenses) survive any termination of this Agreement. 11. Miscellaneous Provisions. This Agreement is submitted in duplicate originals. Your acceptance of this Agreement will occur upon the return of one original executed by an authorized Issuer representative, and you hereby represent that the signatory below is so authorized. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties as to the subject matter thereof and supersedes any prior understandings or representations. This Agreement may be amended or modified only by a writing signed by both parties. This Agreement is solely for the benefit of you and RBC Dain, and no other person. RBC Dain may not assign this Agreement without your prior written consent. Respectfully submitted, RBC DAIN RAUSCHER INC. By: Name: Robert V. Henderson Title: Managing Director Date: ACCEPTANCE ACCEPTED pursuant to motion adopted by the governing body of the Ken County on October 18, 2004 By Name -"~+ ~ , Title Attest: By - Name A~uNe~ Title ~, ' Date /~ - ~-s' - U~ v2ioa FEE SCHEDULE In consideration for the services rendered by RBC Dain, the Issuer agrees that our fee for each issue of Obligations will be as follows: Base Fee -Any Issue $ 6,250 Plus $12.50 per $1,000 up to $ 250,000 or $ 9,375 for $ 250,000 Bonds Plus $11.50 per $1,000 next $ 250,000 or $ 12,250 for $ 500,000 Bonds Plus $ 7.50 per $1,000 next $ 500,000 or $16,000 for $ 1,000,000 Bonds Plus $ 5.00 per $1,000 next $ 1,500,000 or $23,500 for $ 2,500,000 Bonds Plus $ 2.75 per $1,000 next $ 2,500,000 or $30,375 for $ 5,000,000 Bonds Plus $ 2.00 per $1,000 next $ 5,000,000 or $40,375 for $10,000,000 Bonds Plus $1.00 per $1,000 over $10,000,000 For any issue of refunding Obligations and/or other Obligations involving escrow Agreements, Revenue Bonds or self-supporting obligations, or Bonds issued to State or Federal Agencies, our fees shall be as computed from the above schedule, plus 25% (or 125% of the scheduled amount). It is also understood and agreed that, we will charge a document preparation fee to be negotiated on a case-by-case basis, not to exceed 25% of the scheduled Financial Advisory fee set out above. It is also understood and agreed that when appropriate under the circumstances (depending on the time and resources expended in the transaction), we will charge an additional fee to be negotiated on a case-by-case basis, not to exceed 25% of the scheduled Financial Advisory fee set out above. RBC Dain will bill the Issuer at Closing for each issue of Obligations a net amount which will include a fee calculated on the above schedule as well as any "out-of-pocket" expenses incurred on behalf of the Issuer. aavoa ~,.s ~ _ ~ ~ S -~--~ ,., ~ _ ~~ r , ~. ~ aY ~ ~ c~. c~J ~.- 9 ~..~_------_ ~ lc. d • r ~ ~ ~ ,~. - . ,.. - Gf*f f ,S_._..-- -J3 s^~° -~s~l 35~ ~-° .,. ~. ~- _- _~_ -- ~--- ~, __ ~,~, _--- Kerr County, Texas Preliminary Analysis of Juvenile Facility Take-Out-Financing October 25, 2004 Prepared by: RBC Dain Rauscher Hill Country Juvenile Detention Facility Corporation Lease Revenue Bonds, Series 2002 Maturity Bond Interest Total Fiscal Year Dates Redemptions Proceeds Rate Yield Price Amount Debt Service Debt Service 2/15/2003 $ 62,608.75 $ 62,608.75 8/15/2003 125,217.50 125,217.50 187,826.25 2/15/2004 165,000.00 166,027.95 3.000 2.450 100.623 125,217.50 290,217.50 - 8/15/2004 - - - - - 122,742.50 122,742.50 412,960.00 2/15/2005 170,000.00 171,766.30 3.250 2.750 10].039 122,742.50 292,742.50 - 8/15/2005 - - - - - 119,980.00 119,980.00 412,722.50 2/15/2006 175,000.00 178,129.00 3.750 3.150 101.788 119,980.00 294,980.00 - 8/15/2006 - - - - - 116,698.75 116,698.75 411,678.75 2/15/2007 180,000.00 183,448.80 4.000 3.500 101.916 116,698.75 296,698.75 - 8/15/2007 - - - - - 113,098.75 113,098.75 409,797.50 2/15/2008 190,000.00 192,859.50 4.125 3.800 101.505 113,098.75 303,098.75 - 8/15/2008 - - - - - 109,180.00 109,180.00 412,278.75 2/15/2009 195,000.00 197,884.05 4.375 4.100 101.479 109,180.00 304,180.00 - 8/15/2009 - - - - - 104,914.38 104,914.38 409,094.38 2/15/2010 205,000.00 209,056.95 4.625 4.300 101.979 104,914.38 309,914.38 - 8/15/2010 - - - - - 100,173.75 100,173.75 410,088.13 2/15/2011 215,000.00 218,624.90 4.750 4.500 101.686 100,173.75 315,173.75 - 8/15/2011 - - - - - 95,067.50 95,067.50 410,241.25 2/15/2012 225,000.00 227,065.50 4.750 4.625 100.918 95,067.50 320,067.50 - 8/15/2012 - - - - - 89,723.75 89,723.75 409,791.25 2/15/2013 240,000.00 237,588.00 4.625 4.750 98.995 89,723.75 329,723.75 - 8/15/2013 - - - - - 84,173.75 84,173.75 413,897.50 2/15/2014 250,000.00 247,317.50 4.750 4.875 98.927 84,173.75 334,173.75 - 8/15/2014 - - - - - 78,236.25 78,236.25 412,410.00 2/15/2015 260,000.00 260,000.00 5.000 5.000 100.000 78,236.25 338,236.25 - 8/15/2015 - - - - - 71,736.25 71,736.25 409,972.50 2/15/2016 275,000.00 272,365.50 5.000 5.100 99.042 71,736.25 346,736.25 - 8/15/2016 - - - - - 64,861.25 64,861.25 411,597.50 2/15/20]7 290,000.00 287,816.30 5.125 5.200 99.247 64,861.25 354,86125 - 8/15/2017 - - - - - 57,430.00 57,430.00 412,291.25 2/15/2018 305,000.00 301,824.95 5.200 5.300 98.959 57,430.00 362,430.00 - 8/15/2018 - - - - - 49,500.00 49,500.00 411,930.00 2/15/2019 320,000.00 315,184.00 5.500 5.642 98.495 49,500.00 369,500.00 - 8/15/2019 - - - - - 40,700.00 40,700.00 410,200.00 2/15/2020 340,000.00 334,883.00 5.500 5.637 98.495 40,700.00 380,700.00 - 8/15/2020 - - - - - 31,350.00 31,350.00 412,050.00 2/15/2021 360,000.00 354,582.00 5.500 5.633 98.495 31,350.00 391,350.00 - 8/15/2021 - - - - - 21,450.00 21,450.00 4]2,800.00 2/15/2022 380,000.00 374,281.00 5.500 5.629 98.495 21,450.00 401,450.00 - 8/15/2022 - - - - - 11,000.00 11,000.00 412,450.00 2/15/2023 400,000.00 393,980.00 5.500 5.625 98.495 11,000.00 411,000.00 411,000.00 Total $5,140,000.00 $ 5,124,685.20 $ 3,277,077.51 $ 8,417,077.51 $ 8,417,077.51 Acc Int (22,260.89) (22,260.89) Grand Tota $5,140,000.00 $ 5,124,685.20 $ 3,254,816.62 $ 8,394,816.62 $ 8,417,077.51 TIC (Incl. all expenses) .... 5.15945528% TIC (Arbitrage TIC) ......... 5.15945528% Bond Years .................. 63,415.00 Page 1 Kerr County, Texas Juvenile Facility Take Out Financing Estimated Sources & Uses 23-Oct-04 Sources: Par Value of Certificates: Estimated Premium on Certificates: Cash in Reserve Fund: Accrued Interest: Total Sources: Uses: Debt Outstanding on Facility: Costs Related toTransfer of Real Estate Municipal Bond Insurance Underwriter's Spread Cost of Issuance/Rounding Accrued interest to Dec. 31, 2004 Total Uses: $ 4,780,000 1,673 411,463 18,921 $ 5,212,057 $ 4,975,000 25,000 27,500 37,500 55,000 92,057 $ 5,212,057 Page 2 Kerr County Certificates of Obligation, Series 2004 Marturity Bond Coupon Interest Total Fiscal Year Dates Redemptions Proceeds Rate Yield Price Amount Debt Service Debt Service 2/15/2006 $ 30,000.00 $ 30,000.00 4.75 4.75 100.00 $ 377,704.17 $ 407,704.17 $ 407,704.17 2/15/2007 185,000.00 185,000.00 4.75 4.75 100.00 221,231.25 406,231.25 406,231.25 2/15/2008 195,000.00 195,000.00 4.75 4.75 100.00 212,206.25 407,206.25 407,206.25 2/15/2009 205,000.00 205,000.00 4.75 4.75 100.00 202,706.25 407,706.25 407,706.25 2/15/2010 215,000.00 215,000.00 4.75 4.75 100.00 192,731.25 407,731.25 407,731.25 2/15/2011 225,000.00 225,000.00 4.75 4.75 100.00 182,281.25 407,281.25 407,281.25 2/15/2012 235,000.00 235,000.00 4.75 4.75 100.00 171,356.25 406,356.25 406,356.25 2/15/2013 245,000.00 245,000.00 4.75 4.75 100.00 159,956.25 404,956.25 404,956.25 2/15/2014 26(1,000.00 260,000.00 4.75 4.75 100.00 147,962.50 407,962.50 407,962.50 2/15/2015 270,000.00 270,000.00 4.75 4.75 100.00 135,375.00 405,375.00 405,375.00 2/15/2016 285,000.00 285,000.00 4.75 4.75 100.00 122,193.75 407,193.75 407,193.75 2/15/2017 300,000.00 300,000.00 4.75 4.75 100.00 108,300.00 408,300.00 408,300.00 2/15/2018 315,000.00 315,000.00 4.75 4.75 100.00 93,693.75 408,693.75 408,693.75 2/15/2019 330,000.00 330,000.00 4.75 4.75 100.00 78,375.00 408,375.00 408,375.00 2/15/2020 345,000.00 345,000.00 4.75 4.75 100.00 62,343.75 407,343.75 407,343.75 2/15/2021 360,000.00 360,000.00 4.75 4.75 100.00 45,600.00 405,600.00 405,600.00 2/15/2022 380,000.00 380,000.00 4.75 4.75 100.00 28,025.00 408,025.00 408,025.00 2/15/2023 400,000.00 400,000.00 4.75 4.75 100.00 9,500.00 409,500.00 409,500.00 Total $ 4,780,000.00 $ 4,780,000.00 $ 2,551,541.67 $ 7,331,541.67 $ 7,331,541.67 Acc Int (18,920.83) (18,920.83) Grand Tota $ 4,780,000.00 $ 4,780,000.00 $ 2,532,620.84 $ 7,312,620.84 $ 7,331,541.67 TIC (Incl. all expenses) .... 4.73941386% TIC (Arbitrage TIC) ......... 4.73941386% Bond Years .................. 53,900.00 Page 3 Kerr County, Texas Preliminary Tax Rate Impact Analysis r~~ ~ ~ ~ ~1 J~ A B C D E J K L Fiscal Total Tax Tax Total Net Taxable Tax Rate Year Outstanding Rate $4,780,000 Rate Combined Assessed Combined Endin Debt Service Im act Series 2004 Im act Debt Service Valuation Debt Service 2005 $ 1,130,408 $ 0.045 $ 1,130,408 $ 2,555,337,879 $0.045 2006 682,343 0.027 $ 407,704.17 $ 0.016 1,090,047 2,555,337,879 0.044 2007 687,357 0.027 406,231.25 0.016 1,093,588 2,555,337,879 0.044 2008 691,521 0.028 407,206.25 0.016 1,098,727 2,555,337,879 0.044 2009 529,056 0.021 407,706.25 0.016 936,763 2,555,337,879 0.037 2010 534,188 0.021 407,731.25 0.016 941,919 2,555,337,879 0.038 2011 538,256 0.021 407,281.25 0.016 945,538 2,555,337,879 0.038 2012 541,263 0.022 406,356.25 0.016 947,619 2,555,337,879 0.038 2013 - 404,956.25 0.016 404,956 2,555,337,879 0.016 _ 2014 - 407,962.50 0.016 407,963 2,555,337,879 0.016 2015 - 405,375.00 0.016 405,375 2,555,337,879 0.016 2016 - 407,193.75 0.016 407,194 2,555,337,879 0.016 2017 - 408,300.00 0.016 408,300 2,555,337,879 0.016 2018 - 408,693.75 0.016 408,694 2,555,337,879 0.016 2019 - 408,375.00 0.016 408,375 2,555,337,879 0.016 2020 - 407,343.75 0.016 407,344 2,555,337,879 0.016 2021 - 405,600.00 0.016 405,600 2,555,337,879 0.016 2022 - 408,025.00 0.016 408,025 2,555,337,879 0.016 2023 - 409,500.00 0.016 409,500 2,555,337,879 0.016 Total $5,334,390 $7,331,542 $12,665,932 Assumptions: 1. There is 0% Growth in the Net Taxable Assessed Valuation from 2005-2023. 2. The Current Tax Rate Collection Ratio is Assumed to be 98%. 3. The Debt is structured with a 20-year final maturity. 4. The Interest Rate is Assumed to be current Market Interest Rates; Subject to change. Page 4 Kerr County, Texas Certificates of Obligation, Series 2004 Estimated Costs of Issuance Estimated Actual 23-Oct-04 Financial Advisor $ 29,770.00 Bond Counsel 8,780.00 Bond Counsel Expenses 750.00 Ratings: Standard & Poor's 6,000.00 Official Statement Printing 3,000.00 Attorney General Fee 750.00 Document Preparation Fees 3,721.25 Overnight Delivery 75.00 Copying 75.00 Fax/Communications 75.00 Travel 500.00 Rounding/Miscellaneous 1,503.75 $ SS,000.00 Municipal Bond Insurance: $ 27,500.00 Underwrtier's Gross Spread: 37,500.00 $ 65,000.00 Total Financing Related Costs: $ 120,000.00 $ - Page 5 Date: Issuer: Issue Title: FA: Underwriters: Ratings: Sale Date: Closing Date: Item: Average T Underwriti Expenses: Manageme Item: Day Loan DTC PSA Cusip MAC Underwrit MSRB Fili Dalnet l 0/7/2004 Kerr County, Texas $4,780,000.00 Certificates of Obligation, Series 2004 RBC Dain First Southwest Co. 100% S & P AAA 3l-Dec-04 Gross Spread: Per Bond: Amount: Calculation of Average Takedowns Projected Maturi Principal: Takedown: Takedown: 2007 30,000.00 2.50 75.00 2008 185,000.00 3.75 693.75 2009 195,000.00 3.75 731.25 2010 205,000.00 3.75 768.75 2011 215,000.00 5.00 1,075.00 2012 225,000.00 5.00 1,125.00 2013 235,000.00 5.00 1,175.00 2014 245,000.00 5.00 1,225.00 2015 260,000.00 5.00 1,300.00 2016 270,000.00 5.00 1,350.00 2017 285,000.00 5.00 1,425.00 2018 300,000.00 5.00 1,500.00 2019 315,000.00 5.00 1,575.00 2020 330,000.00 5.00 1,650.00 2021 345,000.00 5.00 1,725.00 2022 360,000.00 5.00 1,800.00 2023 380,000.00 5.00 1,900.00 2024 400,000.00 5.00 2,000.00 2025 - - - $ 4,780,000.00 $ 23,093.75 Average Takedown: $ 4.831 kedown: $ 4.831 $ 23,093.75 ng: - - 1.368 6,538.70 nt Fee: 1.651 7,891.78 $ 7.850 $ 37,524.23 Estimated Un derwriting Expe nses Per Bond: $ 4,780,000 - $ - 339.30 0.0300 143.40 225.00 878.00 r Counsel 1.0000 4,780.00 ng Fee - 12.00 a e 161.00 Misc. Expenses Per Bond: $ 1.3679 Page 6 Kerr County, Texas Certificates of Obligation, Series 2004 Financing Timetable of Events Date Time Required Item Responsible Party Mon. 10/25/04 Commissioner's Court meets to approve Plan of Finance; CA & DRI authorizes Financial Advisor and Bond Counsel to proceed Tues. 10/26/04 1 day BC notifies Trustee of Intent to Purchase, seeks bondholder BC consent/guidance on tender offer Fri. 10/29/04 3 days Trustee notifies BC of likely response Trustee Mon. 11/1/04 Commissioner's Court approves Notice of Intent to Issue BC & CA Certificates of Obligation & approves form of tender offer Mon. 11/1/04 1 week Distribute first draft of Preliminary Official Statement DRI & BC (POS) for comments Wed. 11/3104 2 business days Comments on first draft of POS due ALL Wed. 11/3/04 At least 14 days prior to First publication of Notice of Intent BC sale date Fri. 11/5/04 2 business days Second draft of POS distributed for comments DRI & BC Fri. 11/5/04 1 business day Submit Documents to Rating Agencies & Insurance Co's DRI Mon. 11/S/04 2 business days Comments on second draft of POS due ALL Wed. 11/10/04 1 week following first Second publication of Notice of Intent BC publication Thurs. 11/17/04 8 business days Receive responses from Rating Agencies & Insurance Co's DRI following submission Mon. 9/6/04 1 week prior to sale date Post POS electronically DRI, Printer Mon.ll/22/04 Pricing and oral award; Commissioner's Court DRI RECESSES meeting until l :00 p.m. on November 23rd Tues. 11/23/04 Sale date; Commissioner's Court meets to authorize sale ALL and execute Bond Purchase Agreement Wed. 11/24/04 BC formally forwards tender offer BC & Trustee Thurs. 11/24/04 2 business days Documents forwarded to Attorney General BC Fri. 12/10/04 10 business days Receive Attorney General's Approval BC Thurs. 12/16/04 5 business days Close; deliver Certificates, receive funds DRI, BC Mon. 12/20/04 3 business days Tender offer closed, bondholders paid BC & Trustee BC =Bond Counsel; McCall Parkhurst & Horton CA =County Administration DRI = RBC Dain Rauscher Inc. KERB COUNTY JUVENILE FACILITY BUDGET PROJECTIONS-04/05 ~ (_ „ _ ~ ~ ~ ~ ~^"" Based on 42 residents-One Building 24 Post Adj. & 18 Pre Adj. EMPLOYEES ANNUAL MONTHLY Facility Administrator $65,000 $5417 Assistant Facility Administrator $54,553 $4546 QCC-Treatment $36,748 $3062 Administrative Assistants $41,652 $3471 1 @ $20,826-payroWpersonnel 1 @ $20,826-resident files/general Counselors $93,521 $7793 2 @ $30,916 1 @ $31,689-Pre. Adj. Co-Ord. Shift Supervisors $106,640 $8887 4 @ $26,660 JDOs $370,778 $30,898 4 @ $26,660 14@I8,867 Cooks $35,912 $2993 2 @ $17,956 Maintenance $21,347 $1779 Control Operators 4 @ 14,738 $58,952 $4913 Training/Certification Officer $26,659 $2222 Placement Officer/Transport Officer/HSC $35,853 $2988 Data Manager/Grant Writer $26,659 $2222 TOTAL SALARIES $974,274 $81,191 CONTRACT EMPLOYEES Part-Time JDO $57,600 $4800 5 @ $7.50/hr. X 128 hr./month PhD• $10,200 $850 Md. (Reimbursable) $9000 $750 RN $24,000 $2000 TOTAL CONTRACT SALARIES $100,800 $8400 TOTAL $1,075,074 $895,895 OPERATING EXPENSES ANNUAL MONTHLY Office Supplies Kitchen Supplies Food Janitorial Supplies Auto Repair/Fuel Resident Supplies Clothing $7500 Education $1500 OTC Medication $2200 Emergency Medical $1000 Cellular Phones/Pagers Telephone Internet Long Distance Equipment Maintenance Postage/FedEa Marketing Travel Training Utilities Electricity S36,000 Gas $5000 Water $6500 Garbage P/U $2100 Cable $1000 Medical Expenses (Prescriptions Reimbursable) Equipment Copier Leases 2 @ $2600 $5200 Buffer Rental Tools Carpet Cleaning Oflice Furniture Office Machines Etc. Building Repair Paint Locks Lights A/C Filters A/C Units $2800 Kitchen Walk In $2800 Plumbing Etc. $9700 $2500 $65,000 $8000 $10,000 $12,200 $1600 $10,000 $2500 $7000 $3784 $5717 $50,560 $55,000 $10,000 $15,000 $808 $208 $5417 $667 $833 $1017 $133 $833 $208 $583 $315 $476 $4213 $4583 $833 $1250 ANNUAL MONTHLY TOTAL OPERATING EXPENSES $268,561 $22,380 TOTAL EXPENDITURES $1,343,635 $111,970 REVENUE 42 Residents @ $83.00/day X 365 days $1,272,390 $106,033 NSLP Reimbursement $32,500 $2708 (50% reimbursement) School District $35,000 $2917 Medical $55,000 54583 Md. $9000 $750 TOTAL REVENUE $1,403,890 $116,991 PROFIT MARGIN ~~~ ~~~~ 55-'" $5021 w ~~ cal ~ ~ v~ Summer Program 20 Residents @ $60.00/day X 75 days $90,000 TWO BUILDINGS 35 Post-Adj. & 14 Pre-Adj. Tota149 Residents ADDITIONAL EMPLOYEES 11 JDOs @ $18,867 $207,537 $17,295 4 Control @ $14,738 $58,952 $4913 TOTAL ADDITIONAL SALARIES $266,489 $22,207 TOTAL ADDITIONAL OPERATING $35,000 $2917 EXPENSES TOTAL ADDITIONAL EXPENDITURES $301,489 $25,124 REVENUE 49 Residents @ $83.00/day X 365 days NSLP Reimbursement (50% reimbursement) School District Medical Md. $1,484,455 $123,705 $36,000 $3000 535,000 $2917 555,000 54583 59000 $750 TOTAL REVENUE _ $1,619,455 $134,955 TOTAL EXPENDITURES PROJECTED DEFICIT $1,645,124 $137,094 r-{',fi~~j- ($2139) 7v~~ ~~ Kerr County Sheriff's Department /~~F ~~ F DE P~ e a 1 t Proposal For Alternate Use Of Kerr County Juvenile Detention Center t Introduction I, W.R Hierholzer, Sheriffof Kerr County, having been asked to address the current situation concerning the Kerr County Juvenile Detention Facility; the possibility of its closing and the possibility of the Kerr Countyc Sheriff s Office taking over the new facility located on the property, respectfully submit the following to the Commissioners' Court for information and consideration, along with a proposed, one year budget. I wish to start offby stating that Kerr County must, in my opinion, do whatever it takes to maintain a juvenile detention facility. The county currently has a population of over 44,000 people, four school districts and a number of youth ranches. The number of juveniles is increasing rapidly. Juvenile crime will increase at a much faster rate if there is no place in Ken County to lock the offenders up. Adult offenders will also be more likely to get young kids to do crimes for them, advising the kids that there is no place to put them. Further, as is stated in the Family Code Section 52.026 (C), On adoption of an order by the Juvenile Boazd and approval of the Juvenile Boards' order by record vote of the Commissioners' Court; it shall be the duty of the Sheriff of the county in which the child is taken into custody to transport the child to and from all scheduled juvenile court proceedings and appearances and other activities ordered by the juvenile court. This alone would cause the staffing of the Kerr County Sheriffs Office to increase drastically depending on how many juveniles are taken into custody by all law enforcement agencies in Ken County and how far this department will have to travel to ~ house the juveniles and how many court hearings they will have to attend. On October 19, 2004, I had an inspector with the Texas Jail Commission tour both the facilities located on the property of the Kerr County Juvenile Detention Facility. The original detention center, in my opinion and that of the inspectors, could not be used for housing of adults without an extreme and very costly remodeling. The new building would, in its present state, be able to house min;mum security inmates up to 24. With very little renovation, most of which could be accomplished by inmate labor, this facility could be converted to a maximum security facility and house up to 48 inmates. My proposal and recommendation is that Ken County take over the facility and use the original building to house juveniles and the newer building to house primarily adult female inmates. Operating an adult detention facility, in my opinion, should never be looked at to make money; after all, law enforcement services are one of the main items that citizens, myself included, expect our taxes to take caze of. You will be able to see in the following pages why now may be the time to utilize the one building as an adult center. You will also see a proposed budget for this and some additional estimated start-up casts. In regazds to revenue earnings to the county, moving the adult females to the facility would allow the county to have up to 30 additional out-of-county inmates for an additional yearly income of $405,150. One will further see that this county will need to expand the current adult facility, especially in regards to female inmates, in the near future. In visiting with the Jail Commission inspector, it is estimated that at today's prices building a new facility could cost from $40,000 to $50,000 per bed. ~--- The attached proposed budget and start-up costs are only related to the one building and do not address any costs of continuing to operate a juvenile facility or the possible revenues from it in the original building. 5 t~l cT'~~ X Y~ ~ `j ~ `~' z a ~' H arm When the Kerr County Law Enforcement Facility opened in 1996, it was projected to meet Kerr County Law Enforcement Office and Jail needs for the next 15 - 20 years. The county is already in the 8~' year of these predictions. ~; Although the building was designed specifically to allow for easy addition of jail and administrative space, it was not anticipated that this would be needed for the foreseeable future. The original predictions have fallen short. As the court is awaze, as eazly as 2001, the jail hit inmate populations of over 200. Consequently, at that time our ability to house out-of-county inmates dropped. In the budget year 1011/2001, the county charging $35.00 per inmate per day billed $422,166 to other counties. This last year even though the rate per day went to $37.00 we billed only $204,923. This figure will continue to drop due to population counts. According to Texas Jail Commission recommendations, the number of inmates that Ken County should house in a facility with 192 beds, and continue to be able to properly classify inmates, the daily population should be no more than 80% of the maximum capacity, or 153 inmates. At the present time, the jail is averaging 161 inmates per day and only 12 of these aze out-of-county inmates. (We just passed~our State Inspection and ~, even though the population was above 153, because of the current type of inmate that we ~". have, we could classify.) Another very serious situation that our current jail is facing is the continuing rise in the housing of female inmates. The current facility is designed to house a maximum of 32 females. Our current female population is at 28 females. Most of the time this makes it almost impossible to classify the female inmates properly. The Administrative office area is past its maximum capacity and consequently space that was designed for workroom and waiting areas has already been converted to employee offices. If additional employees are added in the future, which will be required to keep up with current law enforcement duties, there is not adequate space to put them without additional remodeling or adding on to the current building. In May of 2002, when a Long Range Planning Committee studied the then current situation at the Sheriffis Office and Adult Detention Center, they factored in the county population growth and the jail population growth aver the previous 5 year period and came to the following statement: "Given that our 2% annual growth in county population has been substantially exceeded by our growth in jail population (43% over the past 5 years), and our daily bookings have similarly increased at an exponential 72% over the past 5 yeazs, it does not take complex calculations to determine that the current jail and administrative facilities aze not going to last for the predicted 15-20 years. The Commissioners' Court should give immediate and serious attention to the issue of adding more physical facilities at the Law Enforcement Center." 3 Proposed Budget Adult Female Detention Facility Line Item and Description Requested Amt 101 Sheriff + 5,000 102 Jail Administrator + 5,000 104 Asst. Jail Admin. + 5,000 103 Cooks 0 104 Jailer Salaries 312,000 105 Secretary 0 106 Nurses 0 107 Clerk 18,959 108 Part-Time Salary 0 112 Overtime 5,000 201 FICA Expense 25,318 202 Group Insurance 77,000 203 Retirement 27,239 206 Insurance Bldg 8,000 220 Employee Medical Exam 209 Postage 0 310 Office Supplies 1,500 315 Jail Uniforms 3,000 330 Vehicle Gas & Oil 0 331 Operating Supplies 1,500 332 Prisoner Meals 20,000 333 Prisoner Medical 10,000 334 Prisoner Supplies 2,000 335 Prisoner Transfer 0 400 Trash Service 2,500 420 Telephone 0 440 Utilities ? 453 Radio Repairs 300 454 Vehicle Maintenance 500 456 Machine Repair 0 457 Maintenance Contracts 0 461 Lease Copier 5,500 480 Vehicle Insurance 0 487 Training 1,500 561 Computer Hardware 0 563 Software Maintenance 3,464 565 Computer Supplies 0 569 Operating Equipment 8,600 570 Capital Outlay 10,000 Total 558,880 4 * One-time start up expense: Item 1) Employee Medical 3,950 Item 2) Mattresses, pillows, blankets 2,000 Item 3) Violent chair 1,200 Item 4) Tables 7,800 Item 5) Medical Cart 1,500 Item 6) Upgrade to meet fail standards 75,000 Total 89,950 r r M ^ 5 Explanation of Proposed Budget Line Items Line Item 101-Sheriff The responsibility that operating an additional facility would put on the office of Sheriff, I feel, would warrant an additional $5,000.00 per year in salary for the office. Line Item 102-Jail Administrator The same additional responsibility that the Jail Administrator would see in his/her record-keeping, etc. would warrant this $5,000.00 additional salary increase. Line Item 104-Jailer Salaries I would move the current Assistant Jail Administrator's office to the new facility and that person would be the only direct supervisor at the facility. This would warrant the $5,000.00 increase in that salary. Line Item 103-Cooks All meal prepazations would be done at the current facility and the meals would be transported to the new facility. There is no kitchen in the new facility but there is a set- up area. Line Item 104-Jailer Salaries I would require an additional 12 jailers to operate the facility. This is one jailer in the control room 24 hours a day and two jailers on the floor 24 hours per day. Jail Standazds require a 1 to 48 ratio not counting the control room officer. This facility would hold 48 inmates in 3 dorms with 16 per dorm. I feel that if we only have one floor officer present, and there is a problem in one of the dorms, or if there are other activities taking place, such as church services, visitation, sick call, etc, only one floor officer will not be able to control the security issues. In order to fully staffany position that needs coverage 24 hours per day, the county will need 5 full-time employees on the payroll to cover one position. This calculation is based on the following formula: 1 yeaz equals 8760 hours, which equals 1095 8-hour shifts. One full-time employee will work 240 shifts in a yeaz on the average, taking vacation, sick days and holidays into account. The 12 positions that I am asking for would be 3 short of needed, but I feel that at times we could utilize some of the current staff (depending on population) to fill in short times. Line Item 105-Secretary I would not require a secretary at this facility. A clerk would be able to perform the needed duties and the secretarial duties could still be done at the current facility. Line Item 106-Nurses Again there would be no nurses at the facility on a full-time basis. Spending time at the facility would be added to the duties of the current nursing staff and the officers on duty would be responsible for the distribution of medication. There would possibly be an additional cost of maybe $100.00 or so for the contract doctor to visit the facility. 6 Line Item 107-Clerk It would require one clerk working 8 hours a day to do filing and other documentation for the Assistant Jail Administrator and this person would have the additional duty of being a receptionist for the facility. Line Item 108-Part-Time Salary No part-time personnel would be used. Line Item 112-Overtime Overtime is something that is extremely hazd to budget for but this is approximately 1/3 of our current budget in the jail. Lme Items 201, 202, 203 t FICA, Group Insurance and Retirement is based on the additional 12 officers and ` ane clerk. r Line Item 20b-Insurance-Bldg. The insurance on the building is based on a portion of the cost of the current jail and consideration of the age of the new facility. I Line Item 220-Employee Medical Exams Employee medical exams is added to the start-up cost due to the cost of psychological exams, physicals and drug screens. In future years I would expect this cost to be less than $1,500.00 per yeaz. Line Item 309-Postage Any postage expense at the new facility would be absorbed in the current budget. Line Item 310-Office Supplies Office supply costs are based on most of the work still being done at the current facility which includes the costs and supplies associated with booking, magistration and releases, all of which would continue to be done at the current facility. Line Item 15-Jail Uniforms This is the approximate cost of purchasing uniforms for the additional staff needed to operate the facility. Inmate uniforms are purchased from the commissary account (inmate trust fund). Line Item 330-Vehicle Gas & Oil There would be no additional costs for gas and oil. These expenses would be minimal and would be paid by the current jail budget. Line Item 331-Operating Supplies This would cover the cost of operating supplies, inspections, notary bonds, etc. 7 Line Item 332-Prisoner Meals The inmate meals would be prepazed at the current facility and transported to the new facility. The cost is based on 48 inmates and a wholesale cost of $4.00 per day per inmate with $1,000.00 for possible increases in food costs during the yeaz. Line Item 333-Prisoner Medical The cost of medical expenses is based on 48 inmates and the average current cost of one inmate per year. Line Item 334-Prisoner Supplies Most of the prisoner supplies are paid for from proceeds in the commissary account, but items such as replacing mattresses, pillows, blankets and food trays would have to come from this line item, The initial set-up is included in the one-time start-up figures. Line Item 335-Prisoner Transport There would be no additional prisoner transport cost, this would be paid for in the current budget. Line Item 400-Trash Service The trash service costs aze based on the use of one dumpster being picked up once a week. Line Item 420-Telephone I am assuming that the telephone expense would be included in the possible new contract that the county is going to do countywide. We would need at least 5 rotating phone lines and 5 phones along with 1 fax line. Line Item 440-Utilities I have no way of judging what one year's utilities would cost for the facility. Our current jail is budgeted $120,000 per year but is also at least 3 times larger than this facility. Line Item 453-Radio Repairs All the employees at this facility would need to have portable radios and I estimate that the repair costs would be low in the first year because they would all be under warranty, unless one got broken. Line Item 454-Vehicle Maintenance The capital outlay item will show a purchase of one van to transport inmates, food, clothing, etc. to and from the facility. The vehicle would be under warranty for several years but this would cover any miscellaneous costs. Line Item 456-Machine Repair Machine repairs would be unnecessary. 8 r 1 Line Item 457- Maintenance Contracts At this time I am unaware of any maintenance contracts that would be needed at this facility. Line Item 461-Lease Copier This would cover the cost of the yearly lease of a copy machine that also serves as a printer for the three computers that would be needed. Line Item 480-Vehicle Insurance Vehicle insurance is covered by the Sheriffs Office Budget. Line Item 487-Training This would cover the cost of training the 13 additional employees. Line Item 561-Computer Hazdwaze Computer hazdwaze will come from a different line item Line Item 563-Softwaze Maintenance This is the softwaze, maintenance as per The Softwaze Group pricing table. There ' could be additional start-up costs for a modem port and remote site to have it installed at the new facility. Line Item 565-Computer Supplies Computer supplies aze covered in a separate line item Line Item 569-Operating Equipment This would cover the costs of 3 computers, fax machine, shredder, warming food cart and hand-held radios. Line Item 570-Capital Outlay The only capital outlay item at this time would be the first lease payment on a van and the initial set-up costs on the van such as radio, decals, deer guazd, etc. Additional One-Time Start-Up Costs Item 1) Employee Medical Addressed in the budget line 220. Item 2) Mattresses, pillows blankets Addressed in the budget line 334. Item 3) Violent Chair The current jail has 2 violent chairs that aze needed to control violent inmates. This facility would also need one. 9 Item 4) Tables This is the cost of putting 2-8 person stainless steel tables that bolt to the floor to meet jail standards so that 16 inmates could be housed in each of the 3 cell blocks. Item 5) Medical cart Approximate cost of a secure medical cart to dispense daily medications and first aid. Item 6) Upgrade to meet jail standards This is an estimation of casts to upgrade the following items to the facility to Meet jail standards for a maximum security facility. 1) Add 3 additional showers to each cell block 2) Add additional safety vestibule to each cell (3 needed) 3) Add a dividing wall and either screen or glass for a separated visitation room 10 SYNOPSIS OF OPERATION The new facility would be a housing unit only and would house up to 48 inmates. All booking and releasing would still have to be done at the current facility. Meal prepazations would also have to be done at the current facility. Temporarily, all laundry services would also be done at the current facility until such time in the future that an extra room at the new facility could be converted to a laundry room. As for the administrative areas, the Assistant Jail Administrator's office would be moved to the new facility thus freeing up an office in the current jail. Two additional offices, such as the Texas Alcohol Beverage Commission Office and the 198' District Attorney Investigator's Office could likewise be moved, freeing up office space in the current Sheriff s Office for future growth. In my opinion the county taking over the new facility would likely take care of our Sheriff s Office and Adult Detention Center needs for approximately 14 to 15 yeazs in the future. I would also strongly urge the court to find a way to keep a local juvenile facility even if it is just to house Kerr and the surrounding counties' children. 11 CONCLUSION The cost of operating and building adult detention centers will always continue to rise. The Texas Department of Corrections is already telling agencies that they are right at capacity and soon inmates may have to be held in county jails longer. Our adult detention center is running at capacity for female inmates and constantly runs above the 80% recommendation. Due to this, our current facility has dropped the number ofout-of-county inmates that we were housing to a total of about 10. At this time adding the new facility to our adult facility would increase our housing capacity by 48 inmates with better classification methods. In doing this we could house up to 30 additional out-of-county inmates for an added $400,000 revenue per yeaz at the current rate of $37.00 per inmate per day. (Note: there is no way to tell how long this would last). Either way Ken County is most likely going to have to build more cells (beds) at an approximate cost of $40,000 to $50,000 per bed or start housing some of our own inmates out-of--county in the neazer than originally anticipated future. Keeping a juvenile facility locally, I feel, will definitely assist in keeping juvenile crime in Kerr County low and the Sheriffs Office from having to drastically increase deputy manpower to act as transporting officers taking juveniles all over the state. The final note that I feel I must advise you all of is that all prices in this proposal are the best estimates that I can give, but we would need the Jail Commission to do a complete analysis of the facility to confirm what the inspector observed and recommended in awalk-through tour is correct. Thank you all for the opportunity, although on short notice, to submit this proposal. Respectfully Submitted, W.R. Hierholzer Sheriff, Kerr County ~12