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HomeMy WebLinkAbout2006-03-21-6:00PM-REGULARFILED FOR RECORD o DATE AT O'CLOCK. M KAREN MCQUEEN BRAZO&COUNTY CLERK BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 21 MARCH 2006 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 21: 3. Budget Amendment 05/06-24.1 4. Personnel Change of Status. 5. Payment of Claims. 6. Status of the Ban on Outdoor Burning as established by Brazos County Order 06-002, and possible action. 7. Permission to accept the following property donated to the Brazos County Sheriff's Office: a. One (1) Icarian leg press machine from Gold's Gym 8. Preventative maintenance and extended service agreement with InterStor Design Associates for a high density mobile storage system for the Sheriffs Office. 9. Contract with PFM Asset Management LLC to determine if an arbitrage rebate is due to the IRS for any interest earned on the investment of bond proceeds, as required by Section 148(f) of the Internal Revenue Code. Office of the County Judge • 300 East 2(P St. • Suite 114 Bryan, Texas 77803 • Fax: (979) 361-4503 VOLW PAGE II 21 March 20Q6 Page 2 10. Permission to assign Inmate Work Crews to the Brazos County Youth Livestock Association, a non-profit organization, to prepare the show arena for the 2006 Brazos County Youth Livestock Show. 11. Request by the District Attorney to move position 4457-1 which is funded 66% by the NTTF and 33% by the DA's office until March 31, 2006, from the NTTF division to the District Attorney division effective April 1, 2006. After the move, the position will be funded by the 33% budgeted in the District Attorney budget and by the money available in the part time victim assistance coordinator position 0428-1. Both of these positions will be re-evaluated for the next budget cycle. 12. Approval to set the 2006 funding for the CHEF grant funds at the amount of $125,000. Last year's grant was $111,000. 13. Request from the Precinct 4 Constable to keep all patrol vehicles currently assigned to his office. 14. Tax Refund Applications for the following: a. Gregory S. McBee in. Billy M. & Grace M. Payne (2) b. Thomas Clay n. Jimmy D. & Laura E. Ridgway c. Linda Reynolds o. B. M. Bohn Welding, Inc. d. Ramiro A. & Cid Galindo p. Carmen M. & Janeth Vilchez e. Barbara Gilbert q. Melissa C. & Tammy R. Larne f. Garcell C. & Carol J. Hatfield r. Kathleen E. McMahon g. Allen D. Hengst s. Kenneth J. & Alenda S. Carroll h. Tim & Chad M. Herr t. Carol E. Guthrie i. Manitou Ltd., Inc. u. Shawn M. Mays j. Larry & Brigit Scott v. Milton B. Gates k. Celina E. Loya w. Bert & Dorothy A. Spence 1. Bryant Scott & Anita Medlin x. Burlon & Trey L. Wilkerson 15. Replat of Indian Lakes Phase 9, Lots 1, 2A, 2B, 3 and 4, Block 9 (resubdivision of Indian Lakes Phase 1 recorded in volume 5978, page 150, Official Records of Brazos County), 15.367 acres, J. M. Barrera survey, A-69, Brazos County, Texas. Site is located in Precinct 1. 16. Final Plat of Bowen-Jericho Subdivision, 7.464 acre tract out of the tract recorded in volume 1839, page 219 (official records of Brazos County); save and accept 1.490 acres leaving 5.974 acres out of the E. M. Millican survey, A-40, Brazos County, Texas. Site is located in Precinct 1. 17. Request from Sandra Kay Bowen Shumaker for a variance of Section C (25) of the Brazos County Subdivision and Development Regulations, with the taxes due withheld from the proceeds of the sale and remitted directly to Brazos County. V©L-7$ PAGE I a~ Commissioners Court Agenda 21 March 2006 Page 3 18. Payment authorization to the following facilities for rental of polling places for the 3/07/06 primary election; a purchase order was not obtained in advance: a. Texas District Luthern Church $100.00 b. Precinct 4 Volunteer Fire Dept. 25.00 19. Payment authorization in the amount of $37,501.00 to Texas Voting Systems for the March Republican and Democrat primary election; a purchase order was not obtained in advance. 20. Payment authorization in the amount of $440.00 to Brazos Records Storage for record destruction for the County Attorney's Office. The amount of records destroyed exceeded the purchase order. 21. Payment authorization from Commissioners Court in the amount of $3,908.50 to Cole & Powell, P.C. for attorney fees. The amount of the invoice exceeded the purchase order. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. ,,L'791,h~~LZI COMMISSIONERS' COURT REGULAR MEETING MARCH 21, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, March 21, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Late; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-24.1, which would transfer funds from Contingency to Non- Departmental. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. Vol 7 Page 1 c 2a Commissioners Court meeting March 21, 2006 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7017346 through 7017573 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the status of the ban on outdoor burning. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to lift the burn ban but to place it on the next meeting's agenda for action should weather conditions affect the drought. The Court next considered authorizing acceptance of donated property from Gold's Gym. The Sheriff's Office was offered an Icarian Leg Press Machine valued at $800.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the donated property. Vol ` 9 Page 1a3 Commissioners Court meeting March 21, 2006 3 The next matter before the Court was consideration of a preventative maintenance and extended service agreement with InterStor Design Associates for a high density mobile storage system for the Sheriff's Office. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the agreement in the amount of $225.00. A copy is attached. The Court next considered approval of an arbitrage rebate compliance services authorization letter from PFM Asset Management LLC. The propose is to determine if an arbitrage rebate is due to the IRS for any interest earned on the investment of bond proceeds. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the arbitrage rebate compliance services authorization letter and authorize the County Judge to execute the engagement letter. A copy is attached. The Court next considered a request to assign inmate work crews to the Brazos County Youth Livestock Association, a non- profit organization, to prepare the show arena for the 2006 Brazos County Youth Livestock Show. The crews would build animal pens and prepare the show arena. On motion by the County Judge, seconded by Commissioners Peters and Cauley, the Court voted unanimously to approve the request. Vol 7 K Page ,94 Commissioners Court meeting March 21, 2006 4 The Court next considered a request by the District Attorney's Office to move funds from one position to another. Position 4457-1, which is funded 66% by the Narcotics Trafficking Task Force Grant will lose funding on March 31, 2006. The District Attorney's office is requesting moving the funds from the part time victim assistance coordinator position 0428-1 to supplement position 4457-1 through the rest of the budget year. The positions will be re-evaluated for the next budget cycle. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was to set the 2006 funding for the CHEF grant funds at the amount of $125,000. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to set funding at $130,000.00. The Court next considered a request from Precinct 4 Constable, Isaac Butler, to keep all patrol vehicles currently assigned to his office. Commissioner Cauley moved to approve. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye". The County Judge voted "No". The motion carried. The next matter for consideration was approval of tax Vol 79 Page l a~ Commissioners Court meeting March 21, 2006 5 refund applications from the following individuals and/or companies: a) Gregory S. McBee, Over Payment $43.70 b) Thomas Clay, Over Payment $46.29 c) Linda Reynolds, Over Payment $588.35 d) Ramiro & Cid Galindo, Over Payment $20.00 e) Barbara Gilbert, Over Payment $198.00 f) Garcell C. & Carol J. Hatfield, Over Payment $85.80 g) Allen D. Hengst, Over Payment $113.36 h) Tim & Chad M. Herr, Over Payment $114.87 i) Manitou Ltd., Inc., Over Payment $101.76 j) Larry & Brigit Scott, Over Payment $21.52 k) Celina E. Loya, Over Payment $23.32 1) Bryant Scott & Anita Medlin, Over Payment $82.19 m) Billy M. & Grace M. Payne (2), Over Payment $77.82 & $15.82 n) Jimmy D. & Laura E. Ridgway, Over Payment $53.92 o) B. M. Bohn Welding, Inc., Over Payment $20.52 p) Carmen M. & Janeth Vilchez, Over Payment $38.25 q) Melissa C. & Tammy R. Larue, Over Payment $1.47 r) Kathleen E. McMahon, Over Payment $9.57 s) Kenneth J. & Alenda S. Carrol, Over Payment $23.59 t) Carol E. Guthrie, Over Payment $132.16 u) Shawn M. Mays, Over Payment $17.69 v) Milton B. Gates, Over Payment $856.74 w) Bert & Dorothy A. Spence, Over Payment $17.13 x) Burlon & Trey L. Wilkerson, Over Payment $1.91 On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the Re-Plat of Indian Lakes Subdivision Phase 9, Lots 1, 2A, 2B, 3 & 4 in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On Vol ~ 0, Page l C4 Commissioners Court meeting March 21, 2006 6 motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the Re-Plat of Indian Lakes Subdivision Phase 9, Lots 1, 2A, 2B, 3 & 4 as submitted. The Court next considered approval of the Final Plat of Bowen-Jericho Subdivision, 7.464 Acre Tract, Save and Accept 1.490 Acres Leaving 5.974 Acres located in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of Bowen- Jericho Subdivision, 7.464 Acre Tract, Save and Accept 1.490 Acres Leaving 5.974 Acres as submitted. The next matter before the Court was a request from Sandra Kay Bowen Shumaker for a variance of Section C (25) of the Subdivision and Development Regulations with the taxes due withheld from the proceeds of the sale and remitted directly to Brazos County. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered payment authorizations to the following facilities for rental of polling places for the March 7, 2006 primary election: Vol -78 Page l c27 Commissioners Court meeting March 21, 2006 7 a) Texas District Lutheran Church $100 b) Precinct 4 Volunteer Fire Department $25.00 No purchase order was obtained. On motion by the County Judge, seconded by Commissioners Peters and Cauley, the Court voted unanimously to approve the payment authorizations. The next matter before the Court was consideration of a payment authorization issued to Texas Voting Systems, Inc., in the amount of $37,501.00 for the March Republican and Democratic Primaries. A purchase order was not obtained. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization issued to Brazos Records Storage in the amount of $440.00. The invoice amount exceeded the purchase order. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization issued to Cole & Powell P.C. in the amount of $3,908.50. The invoice amount exceeded the purchase order. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Vol -79 Page I C29 Commissioners Court meeting March 21, 2006 8 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Commented on the polling places Pebble Creek and Christ United Methodist Church that were used during the primary election. He asked about moving the polling place locations. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a)Attended an Intergovernmental Committee in which they discussed litter along the bypass and a method for picking it up. He also noted that the committee is getting closer to finding a location for Emergency Management Center for use by all four entities. Barry Biggers, Chamber of Commerce a) Asked to be included on the agenda in April to discuss "Way Finding". b) Discussed possible passenger rail service from Cy Fair to College Station. County Judge a) Mentioned items on agenda for the MPO meeting at the Brazos Center, tomorrow at 10:00 a.m. b) Collections for the Justice of the Peace Officers to work under the Vol 7K -Page I 9I Commissioners Court meeting March 21, 2006 program set up by the District clerk's office. The deadline is April 1, 2006 for a compliance document. There being no further business to come before the Court, the meeting was adjourned. 9 Vol 79 Page /,30 The foregoing minutes of the Commissioners Court meeting held March 21, 2006 have been examined and are approved in open Court this the ~(p~L day of fyQ 2006, in Bryan, Duane Peters Commissioner, Precinct 2 Carey Ca ey, Jr. Commissi ner, Preci c 4 (Attest: 11~~ /PLC-_~ Ka n McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall d Commission e,.+, Preci t 3 Vol -71 Page 131 Brazos County, Texas. BRAZOS COUNTY COMMISSIONERS COURT 02..E DAY OF 20 ~ AT -Pei FPM Name Organization ~ vFp ~o G put 4~~^ G lc C~l4GhhELI 4FAm)Ly CA Az 7--/ a ttow~.~ J er.~~~ Saridvti~ 1'<~Ly 60 wPA- Shumak-er. - VOLTS PAGE I30'2- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-24.1 On this the 21" day of March 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 21 March 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and 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 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2151 day of March 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy 6s, County Judge Original: ' County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL PAGE I33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 24.1 3/21/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 1 61130000 CR Contin enc 22,000.00 0100 11000500 72590000 DR Professional Fees -other 22.000.00 1 1 I ]To provide funds for the nrofessional service of arbitraee calculation. I I VOL~PAGE J37 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 21, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Road & Bridge Talley, John Promotion SO/Jail Foster, Richard New Hire Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; VOL 7 PAGE l 1 nterStor DESIGN ASSOCIATES, INC. INFORMATION & MATERIEL MANAGEMENT SOLUTIONS Preventative Maintenance and Extended Service Agreement CUSTOMER ORDER 03-10-06 1 NEW RENEW X BRAZOS COUNTY SHERIFF'S DEPARTMENT 300 E 26th STREET, 6314 BRYAN, TX 77803 TO 05-25-07 EQUIPMENT UNDER SERVICE $225.00 TYPE OF EQUIPMENT MODEL AMOUNT MOBILE FILING/STORAGE SYSTEM AUDITORS OFFICE MECHANICAL ASSIST W/3 CARRIAGES 225 00 SPECIAL CONDITIONS braZos t;nunty SALES TAX -EXEMPT TOTAL COST 225 00 Purchaser agrees that this Order includes all of the terms and conditions on both the face and reverse side hereof, that this Order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. Purchaser by his execution of this Order acknowledges that he has read its terms and conditions and has received a true copy of this Order. Approved By: INTERSTOR DESIGN ASSOCIATES, INC. Customer's Acceptance - Sign name below. Send I contract to INTERSTOR DESIGN ASSOCIATES, INC. Address 5074 STEADMONT DR COm City/State OUSTON T{ 77040 _ By: A By: Title Date MARCH 10, 2006 Date Signed Service Agreement must be received by INTERSTOR Phone: (g7y) - Ext. DESIGN ASSOCIATES, INC. prior to expiration of current service period. VOL 78 PAGE )3& PHONE 15-7371SMA WAYNE DICKIE 1979-361-4168 Servke Will ba Palonrad at: 1835 SANDY POINT RD. FROM TOTAL ANNUAL AMOUNT HIGH DENSITY MOBILE STORAGE SYSTEMS . FILE SHELVING . LIBRARY SHELVING . ROTARY FILES FOLDERS AND SUPPLIES • COLOR CODE LABELING SYSTEMS . AUTOMATED STORAGE AND RETRIEVAL SYSTEMS INTERSTOR DESIGN ASSOCIATES, INC. PREVENTIVE MAINTENANCE & SERVICE PREVENTIVE Preventive Maintenance consists of those precautionary services MAINTENANCE performed on equipment covered in this agreement other than PROGRAM emergency or unscheduled service calls with the primary purpose of preventing the equipment from being out of normal operation. EXTENDED Extended Service consists of requested, unscheduled SERVICE service calls from the duce of contract and continuing for PROGRAM twelve (12) calendar months. SERVICE TO BE Inspection & Testing of: PERFORMED BY AUTHORIZED *Mechanical Assist Chain Tension Adjusters FACTORY-TRAINED *Salety Features PERSONNEL *Electrical wiring & Switches :Mechanical & Logic Controls *Anti-tip Devices *Carriage Limit Switches *Safety Floor Plungers :Safety Sweep Switches :Safety Bar & Safety Eyes *Sequential Carriage Indexing (Electric) Lubrication & Adjustment of: *All Moving Parts, Chains & Rails *Limit Switches General Maintenance & Cleaning of: *Floor & Tracks *Face Panels & Controls CUSTOMER Customer is responsible for foreign matter and debris that RESPONSIBILITIES falls into areas that may hinder or damage and result in equipment failure. Components of the equipment or system installed by people other than INTERSTOR DESIGN ASSOCIATES, INC. is the responsibility of the customer, this includes defects in other manufacturer's products. The customer agrees to give reasonable notice for normal hours servicing. vi7f~,~ 137 March 10, 2006 BRAZOS COUNTY SHERIFF'S DEPARTMENT 300 E. 26's ST. STE. #314 BRYAN, TEXAS 77803 SUBJECT: Extended Service Agreement According to our records, as of May 25, 2006 your InterStor High Density Mobile Storage System's Service Maintenance Agreement will be expiring. As you know, without proper maintenance, any mechanical equipment with moving parts can create costly problems. These problems can be prevented easily and economically through an inspection and service. program. In order to insure the best performance of your equipment, we wish to offer you our Extended Service Agreement. Our standard Service Agreement includes one (1) preventative maintenance visit per year which involves examining, adjusting and lubricating all moveable parts. Please call to schedule. All required component repairs or replacements will be performed at this time. We also include additional service calls as needed in the event of system failure or malfunction. All travel, labor and mechanical parts will be provided under this maintenance contract. We have enclosed a Service Agreement for your consideration. If you elect to start this program, please return the agreement with your signature, keep a copy for your files, and the amount indicated on your service contract. We will need to receive your signed agreement within 30 days of this offer. If you feel that our Extended Service Agreement is something you do not wish to consider, we will be pleased to service your system on an (as needed) basis. Service rates are presently $110.00 per hour, one hour minimum. If you should have questions or if any additional information is needed, please feel free to call me at your convenience. Sincerely, *W, t96~ KEITH O'BRIEN Operations Manger Enclosures VOL -Y PAGE )3S One Keystone Plaza 717 232-2723 Suite 300 717 233-6073 fax N. Front & Market Streets w .pfnnoom Harrisburg, PA .am 17101-2044 The PFM Group ARBITRAGE REBATE COMPLIANCE SERVICES AUTHORIZATION LETTER February 9, 2006 Ms. Katie Conner County Auditor Brazos County 300 East 26`x' Street, Suite 114 Bryan, TX 77803 Re: Arbitrage Rebate Compliance Services Dear Ms. Conner: This letter confirms the engagement of PFM Asset Management LLC ("PFM") by Brazos County, Texas (the "Issuer") for the purpose of performing calculations relating to the rebate requirements contained in Section 148(f) of the Internal Revenue Code of 1986 (the "Code"). The calculations are to be performed with respect to the debt obligations listed on Exhibit A hereto (the 'Bonds"), applying applicable federal tax rules. The Issuer acknowledges that it is engaging PFM hereunder in connection with the performance by PFM of only those services specifically set forth below. PFM will calculate the amount of rebate liability with respect to the Bonds as of the end of each bond year (or other appropriate period) and as of the final maturity or redemption of the Bonds (each such date herein referred to as a "Calculation Date") applying regulations of the United States Department of the Treasury in effect on such Calculation Date. PFM will provide the following services (i) calculation of the amount of rebate liability with respect to the Bonds as of each Calculation Date, and (ii) delivery of schedules reflecting such rebate liability calculation and the assumptions involved. The Issuer undertakes to provide or cause to be provided to PFM all relevant data, as requested from time to time, with respect to each Calculation Date within 15 days after such date and the Issuer agrees to cooperate with all reasonable requests in connection herewith. This information will be necessary to identify the amount of "gross proceeds" (as that term is used in the Code) of the Bonds subject to the rebate requirement, investment income thereon and applicable yields on the Bonds and on such investments in order to calculate the rebate liability of the Issuer with respect to the Bonds as of the Calculation Date. PFM is not being engaged to duplicate work performed by the prior Rebate Calculation Agent, if any, independently determine whether there were "prohibited payments" or "imputed receipts" within the meaning of Treasury Regulations or to perform an audit or review of the investments acquired with gross proceeds or the payment of debt service on the Bonds, and PFM will be entitled to rely entirely on information provided by the Issuer without independent verification. PFM is also not being engaged to audit or review the tax exempt status of interest on the Bonds or any other aspect of the Bond program except for the rebate liability to the extent set forth in this engagement letter, and shall be under no obligation to consider any information obtained by them pursuant to this engagement for any purpose other than determining such rebate liability. PFM shall not have any obligation to update any report VUL 7E PAGE I3 delivered hereunder because of events occurring, changes in regulations, or data or information received, subsequent to the date of delivery of such report. The fees payable to PFM with respect to the Bonds are as determined pursuant to Exhibit B hereto. Calculation Date fees are due upon delivery of each calculation. This engagement is terminable in its entirety by either party hereto upon thirty (30) days' written notice to the other party. If PFM terminates the engagement prior to the initial Calculation there under, the initial set-up fee (if previously paid) shall be refunded to the Issuer. PFM is being retained hereunder only to perform the services specified above. However, the Issuer may request PFM to advise the Issuer on matters not covered by such services. Should PFM undertake to provide such advice they will only do so only if specifically requested in writing by the Issuer for a separate fee based on a separate agreement. PFM may rely upon the advice of counsel, who may be counsel to the Issuer, and upon statements of accountants, brokers and other persons believed by it in good faith to be experts in the matters upon which they are consulted. The Issuer agrees to indemnify, defend, and hold harmless PFM and its officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages and claims, and all related costs and expenses, including attorneys' fees and costs of investigation, litigation, settlement, judgment, interest and penalties arising from or in connection with any claim made against PFM in connection with its performance of the services to be provided by it pursuant hereto, unless arising primarily from PFM's negligence or willful misconduct. Additional Issues may be added, from time to time, to Schedule A hereto by written notice from the Issuer to PFM, and the fee schedule on Exhibit B shall apply unless other fees are agreed to in writing. If this engagement letter is satisfactory, please have an authorized official acknowledge below and return one copy to the undersigned. Very truly yours, PFM Asset Management LLC Accepted: Brazos Co y, Th By: Title: / e Date: Marty Margolis Managing Director VU i?g PAGE I ~D EXHIBIT A Description 1. $1,000,000 Public Property Finance Contractual Obligations, Series 2001 2. $8,000,000 General Obligation Improvement Bonds, Series 2001 3. $2,995,000 Certificates of Obligation, Series 2002 4. $10,000,000 Certificates of Obligation, Series 2003 5. $5,000,000 Certificates of Obligation, Series 2004 6. $10,500,000 Limited Tax General Obligation Bonds, Series 2005 7. $2,750,000 Certificates of Obligation, Series 2005 8. $6,005,000 Limited Tax Refunding Bonds, Series 2005 VOL -78 PAGE 141 Exhibit B ARBITRAGE REBATE COMPLIANCE SERVICES FEE SCHEDULE Bond Issue Initial Report Fee Additional Report Fee (as needed and appropriate) $1,000,000 Public Property $3,500 $1,500 Finance Contractual Obligations, Series 2001 (5-year report) $8,000,000 General Obligation $3,500 $1,500 Improvement Bonds, Series 2001 (5-year report) $2,995,000 Certificates of $2,000 $1,500 Obligation, Series 2002 (5-year report, if needed) $10,000,000 Certificates of $3,000 $2,000 Obligation, Series 2003 (3-year report) $5,000,000 Certificates of $3,000 $2,000 Obligation, Series 2004 (3-year report) $10,500,000 Limited Tax General $2,500 $2,000 Obligation Bonds, Series 2005 (1-year report) $2,750,000 Certificates of $2,500 $2,000 Obligation, Series 2005 (I -yearreport) $6,005,000 Limited Tax $2,000 $1,500 Refunding Bonds, Series 2005 (5-year report) VOL 79 PAGE ) 4,R VARIANCE TO SUBDIVISION AND DEVELOPMENT REGULATIONS WHEREAS, Sandra Kay Bowen Shumaker is subdividing a tract of land in the E. M. Millican Survey for the purpose of selling a portion of the land to pay delinquent taxes owed to Brazos County; and WHEREAS, Sandra Kay Bowen Shumaker has a sale pending on the land upon approval and filing of the Plat; and WHEREAS, Sandra Kay Bowen Shumaker has requested the Commissioners Court to approve the Final Plat of Bowen-Jericho Subdivision; and WHEREAS, Section C (25) of the Subdivision and Development Regulations requires a certificate from each tax collector of a political subdivision in which the property is located accompany the plat to be recorded; and WHEREAS, taxes are owed to Brazos County on the property being subdivided which prevents Ms Shumaker from providing the certificate to the County Clerk for filing of the Plat; and WHEREAS, Sandra Kay Bowen Shumaker is requesting the Commissioners Court to grant a variance of Section C (25) of the Brazos County Subdivision and Development Regulations and has provided Brazos County with a notarized statement in which she agrees to pay Brazos County the delinquent taxes due on the tract of land that is being subdivided by having the taxes withheld from the proceeds of the sale and having them remitted directly to Brazos County; and WHEREAS, the Commissioners Court is authorized to grant a variance in specific cases on an individual basis for good cause shown, by Article XIV of the Subdivision and Development Regulations. THEREFORE, the Commissioners Court, having considered the request of Sandra Kay Bowen Shumaker on this the 20`h day of March, 2006, hereby grants a variance to Section C (25) of the Brazos County Subdivision and Development Regulations and authorizes the County Clerk to file the approved Final Plat of Bowen- Jericho Subdivision. VOL 7& PAGE N3 March 13, 2006 To Whom It May Concern: I, Sandra Kay Bowen Shumaker hereby agree to pay the delinquent taxes on the track of land described below. Upon approval and filing of the Final Plat of Bowen-Jericho Subdivision, 7.464 Acre tract out of the, tract recorded in Volume 1839, Page 219 (Official Records of Brazos County) Save and Accept 1.490 Acres leaving 5.974 Acres out of the E.M. Millican Survey, A-40, Brazos County, Texas, Signed this day )~V 13 2006 Sandra Flay Bo4en Shumaker THE STATE OF TEXAS COUNTY OF BRAZOS O BEFORE ME, the undersigned authority, in this day personally appeare person whose name is subscribed to the foregoing instrument, and acknowledge to me that ,A executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND and seal of office this day of i~✓ 2004, AD. .A* D. GREEN , Notary Publlo, State of Tom Notary P lc V r = My Commission Fires a.= JUNE 11, 2006 V 79 PAGE