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2005-388
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2005-388
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Last modified
8/16/2016 12:29:08 PM
Creation date
9/30/2015 9:27:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2005
Control Number
2005-388
Agenda Item Number
7.T.
Entity Name
First Southwest Company
Subject
Financial Advisory Agreement
Supplemental fields
SmeadsoftID
5295
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SECTION 2 , COMPENSATION FOR SERVICES . The fees due to FSC for the Services set <br /> forth in section 1 of this Agreement shall be calculated as follows : $ 1 . 20 per $ 1 , 000 for $ 0 — <br /> $20 , 000 , 000 of Debt Instruments issued , plus $0 . 75 per $ 1 , 000 thereafter. The parties <br /> acknowledge and agree that FSC is due a minimum of $ 15 , 000 per transaction for the <br /> Services set forth in section 1 of this Agreement Unless specifically provided otherwise in <br /> this Agreement or in a separate written agreement between County and FSC , such fees , <br /> together with any other fees as may have been mutually agreed upon , and all expenses for <br /> which FSC is entitled to reimbursement , shall become due and payable upon receipt of an <br /> invoice therefor submitted by FSC . <br /> SECTION 3 , ADDITIONAL SERVICES . In addition to the Services set forth in section 1 of <br /> this Agreement , FSC agrees to make available to County the following services ("Additional <br /> Services ") , when so requested by the County at the compensation specifically set forth herein <br /> for Additional Services , <br /> 3 . 1 . INVESTMENT OF FUNDS. From time to time , as an incident to the other services <br /> provided hereunder as financial advisor, FSC may purchase such investments as may be <br /> directed and authorized by County to be purchased , it being understood that FSC will be <br /> compensated in the normal and customary manner for each such transaction . In any <br /> instance wherein FSC may become entitled to receive fees or other compensation in any form <br /> from a third party with respect to these investment activities on behalf of County , FSC will <br /> disclose to County the nature and , to the extent such is known , the amount of any such <br /> compensation so that County may consider the information in making its investment decision . <br /> It is understood and agreed that FSC is a duly licensed broker/dealer and is affiliated with <br /> First Southwest Asset Management , Inc . ( " FSAMI " ) , a duly registered investment advisor. <br /> County may, from time to time , utilize the broker/dealer and/or investment advisory services of <br /> FSC and/or FSAMI with respect to matters that do not involve or affect the investment of bond <br /> proceeds or the financial advisory services referenced in this Agreement . The terms and <br /> conditions of the engagement of FSC and/or FSAMI to provide such services shall not be <br /> affected by the terms of this Agreement . <br /> 3 . 2 . FINANCIAL CONSULTING. Provide advice and assistance to the County as requested <br /> for special projects or programs . <br /> SECTION 4. COMPENSATION FOR ADDITIONAL SERVICES . The parties acknowledge <br /> and agree that the compensation for Additional Services set forth in Section 3 . 2 of this <br /> Agreement shall be , as mutually agreed by the parties , either on a mutually agreed lump sum <br /> basis , or on a time and expense basis . Additional Services set forth in Section 3 . 2 of this <br /> Agreement that are on a time and expense basis shall be at FSC ' s hourly fee schedule , plus <br /> actual out-of-pocket expenses as follows : Senior Professionals : $ 175 . 00 ; All other <br /> professionals/consultants : $ 120 . 00 ; Administrative Staff: $ 40 . 00 . The parties acknowledge <br /> and agree that due to the nature of financial advisory services , FSC bills in half- hour <br /> 3 <br />
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