RDAP-2010-05 - 2010-05-03 RESOLUTION NO. RDAP- 2010 -5
A RESOLUTION OF THE DEVELOPMENT AUTHORITY OF
PEARLAND (DAP), TEXAS APPROVING A CONTRACT WITH
ARBITRAGE COMPLIANCE SPECIALISTS, INC. FOR
ARBITRAGE COMPLIANCE SERVICES
BE IT RESOLVED BY DAP BOARD OF DIRECTORS:
Section 1. That contract letter for arbitrage compliance services, a copy
of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the Chairman is hereby authorized to execute and the
Secretary to attest a contract letter for arbitrage compliance services.
PASSED, APPROVED, AND ADOPTED this 3 day of May, A.D., 2010.
L—_D0)1// tc,P
TOM REID
DAP Chairman
ATTEST:
ED BAKER
DAP Secretary
Exhibit "A"
Resolution No. RDAP- 2010 -5
March 1, 2010 ArbIt
Ms. Claire Bogard, Director of Finance compLIANcE
City of Pearland "City
3519 Liberty Drive���'
Pearland, Texas 77581
on behalf of:
Development Authority of Pearland "Authority
EXHIBIT B
FEE SCHEDULE
FOR ARBITRAGE COMPLIANCE SERVICES
FOR THE DEVELOPMENT AUTHORITY OF PEARLAND
SERVICE FEE SCHEDULE:
REBATE REPORT FEES (PER YEAR):
FIXED RATE BONDS:
FIRST YEAR OF REPORT (COMPUTATION PERIOD OF UP TO ONE YEAR) $1,250
EXTENSION FEE (REPORTS IN EXCESS OF ONE YEAR, PARTIAL YEARS ARE PRORATED) $600
VARIABLE RATE BONDS:
FIRST YEAR OF REPORT (COMPUTATION PERIOD OF UP TO ONE YEAR) $1,850
EXTENSION FEE (REPORTS IN EXCESS OF ONE YEAR, PARTIAL YEARS ARE PRORATED) $700
REBATE SUPPLEMENTAL FEES:
BOND YEAR SLICING (PER YEAR) $1,000
PREPARATION OF FORM 8038 AND IRS FILING INSTRUCTIONS ON -TIME $295
LATE $395
REFUNDING BONDS WITH TRANSFERRED PROCEEDS ALLOCATIONS HOURLY;
RATE $150
ALLOCATION /REVIEW /VERIFICATION OF COMMINGLED FUNDS HOURLY;
RATE $150
OTHER CONSULTING/ IRS AUDIT ASSISTANCE/ DATA GATHERING HOURLY;
RATE $175
YIELD RESTRICTION CALCULATIONS:
YIELD RESTRICTION CALCULATIONS (REPORT FEE FOR 1ST YEAR PERIOD) $1,000
REPORTS COVERING COMPUTATION PERIOD IN EXCESS OF 1 YEAR FOR $875
EACH ADDITIONAL PARTIAL OR FULL YEAR
PENALTY /SPENDING EXCEPTION REPORT FEES:
SPENDING EXCEPTION CALCULATIONS PER SEMI ANNUAL SPENDING PERIOD 1 $1,250
HEADQUARTERS: 5975 5. Quebec St. #205 Centennial, Colorado 80111
0 800 -672 -9993 800- 756 6505 0 303- 756 -5100 0 303- 756 -0901 0 www.rebatebyacs.com
LOCATIONS NATIONWIDE: AZ• CA• CO FL °NV•OK•OR•PA•TN•TX• WA
ACS' fees are based on the following three categories:
Rebate Report Fees There are different report fees for the various types of bond issues that reflect the necessary time and effort
required for legal and technical analysis, due diligence and transactional reporting.
Rebate Supplemental Fees Optional fees may apply in more complex rebate areas dealing with Transferred Proceeds arising in
connection with refunding bonds or commingled investments to be evaluated.
Spending Exception Report Fee Fee for calculating ACP (the amount to be spent semi annually), determining expenditures and
retainage and any penalties owed.
THE IRS ALLOWS A CREDIT OF UP TO $5,000 PER 5 -YEAR FILING. ACS' FEES ARE LESS THAN THE CREDIT YOU RECEIVE FROM THE IRS.
Note: ACS' fees should be paid from bond proceeds. ACS' fees stated above include all normal business expenses such as faxes,
copies, regular U.S. mail postage, and telephone access via ACS' toll free telephone number. FedEx, when needed, is billed to
the Authority at cost.
2
1
at e
2 COMPLIANCE
March 1, 2010 dECIAL S
Ms. Claire Bogard, Director of Finance
City of Pearland "City
3519 Liberty Drive
Pearland, Texas 77581
on behalf of:
Development Authority of Pearland "Authority
COMPREHENSIVE CONTRACT LETTER FOR ARBITRAGE COMPLIANCE SERVICES
FOR THE DEVELOPMENT AUTHORITY OF PEARLAND TAX EXEMPT BOND ISSUES
THROUGH THE PERIOD ENDING FYE 9/30/11
Arbitrage Compliance Specialists, Inc. "ACS is proposing a comprehensive contract "Contract to complete
and bring to current status all rebate reports through the FYE 9/30/11, pertaining to the required rebate to the United
States Treasury, Internal Revenue Service "IRS for all tax exempt debt issues "Bonds of the Authority listed in
Exhibit A of this Contract. ACS has offered the Authority volume discounted fees of $1,250 for annual Rebate
Reports from our standard fee of $1,500.
Based on ACS' prior experience with arbitrage rebate computations for the Authority's Bonds, ACS' review of
various Authority accounting information and, ACS' experience with similar engagements of this nature and scope, we
have set forth the total contractual cost to complete rebate reports as defined in Exhibit A of this Contract to be $5,000
with a contingency of $500, for a Contract total not to exceed $5,500. The fees due for arbitrage compliance services
will be billed by ACS, based on ACS' Fees, at the time of the Report delivery to the Authority. All invoices will be paid
to ACS by the Authority as of the payable date of the invoice.
The scope of this Contract would cover the services, as stipulated in Exhibit A for arbitrage compliance reports.
ACS has provided for a $500 contingency budget in this Contract if the scope of the Contract needs to expand for any
services after discovery and will be based on the Fee Schedule defined in Exhibit B. ACS is the prime manager and
Contractor of this Contract and does not plan to retain or manage any subcontractors to assist with this Contract.
HEADQUARTERS: 5975 S. Quebec St. #205 Centennial, Colorado 80111
CO 800 -672 -9993 0 800 756 -6505 0 303-756-5100 0 303-756 -0901 C► www.rebatebyacs.com
LOCATIONS NATIONWIDE: AZ CA CO FL ID NV OK OR PA TN TX UT WA
We appreciate the opportunity to present this Contract to the Authority. If we may be of further assistance, or if
you or any of the involved Authority personnel have any questions, please do not hesitate to call us at (800) 672 -9993.
Sincerely,
Arbitrage Compliance Specialists, Inc.
Doug Pahnke, Director, Vice President
Please acknowledge acceptance of this Contract by executing and returning one copy of this letter to Arbitrage
Compliance Specialists, Inc. along with any other purchase orders or required paperwork deemed necessary by the
Authority to Arbitrage Compliance Specialists, Inc.
May 3, 2010
Accepted by Signature Date
Tom Reid Chairperson
Accepted by Print Name Title
Development Authority of Pearland
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