A G E N D A GREEN COVE SPRINGS CITY COUNCIL 321 WALNUT STREET, GREEN COVE SPRINGS, FLORIDA REGULAR SESSION TUESDAY, JUNE 18, :00 P.M.

Transcription

1 A G E N D A GREEN COVE SPRINGS CITY COUNCIL 321 WALNUT STREET, GREEN COVE SPRINGS, FLORIDA REGULAR SESSION TUESDAY, JUNE 18, :00 P.M. ANYONE WISHING TO ADDRESS THE CITY COUNCIL REGARDING ANY TOPIC ON THIS AGENDA IS REQUESTED TO COMPLETE A CARD AVAILABLE AT THE CITY CLERK'S DESK. SPEAKERS ARE RESPECTFULLY REQUESTED TO LIMIT THEIR COMMENTS TO THREE (3) MINUTES. THE CITY COUNCIL PROHIBITS THE USE OF CELL PHONES AND PAGERS WHICH EMIT AN AUDIBLE SOUND DURING ALL MEETINGS WITH THE EXCEPTION OF LAW ENFORCEMENT, FIRE AND RESCUE OR HEALTH CARE PROVIDERS ON CALL. PERSONS IN VIOLATION WILL BE REQUESTED TO LEAVE THE MEETING. Invocation & Pledge of Allegiance to the Flag Roll Call AWARDS AND RECOGNITION Recognition of Bill Williams Planning & Zoning Board Member Recognition of American Cancer Society s Relay for Life Awards PUBLIC HEARINGS 1. Second and Final Reading of Ordinance No. O , an Ordinance amending City Code Sections and relating to the Red Light Camera Traffic Infraction Program to follow new Florida legislation. Arnold / Musco Mayor to call on members of the audience wishing to address the Council on matters not on the Agenda. CONSENT AGENDA ALL MATTERS UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. BACKUP DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COUNCIL ON THESE ITEMS. 1. City Council approval of the minutes of Regular Sessions of April 9, April 23, 2013 and Special Sessions of March 26 and April 9, City Council approval of 2013-PZ-62, a Gateway Corridor and Central Business District Pilot Matching Grant application for lighting improvements for the property located at 200 S. Orange Avenue in the amount of $2, City Council approval of 2013-PZ-71, a Gateway Corridor and Central Business District Pilot Matching Grant application for landscaping improvements for the property located at 714 & 716 N. Orange Avenue in the amount of $1, City Council approval of Amendment No. 2 to the American Traffic Solutions Agreement and authorization for the Mayor to execute said Amendment.

2 AGENDA June 18, 2013 Page 2 of 3 5. City Council approval of Invoice No. 942 from Joseph L. Vaughn, Jr., P.A. for legal work regarding the Tillinghast Condemnation suit in the amount of $7, City Council approval to Bid No , Capacitors, to Gresco Utility Supply, in the amount of $43, City Council approval of Amendment No. 1 to the Professional Services Agreement between The Davey Tree Expert Company and the City of Green Cove Springs for the period of June 20, 2013 to June 19, City Council receipt of the fully executed AIA Agreement between Batson-Cook, Inc. and the City Green Cove Springs for construction of the Police Facility / Emergency Operations Center in an amount not to exceed $3,862,000 as directed by City Council on May 21, COUNCIL BUSINESS 1. Presentation on Health Care Reform. Phil Haught, Haught Financial Group 2. Approval of Resolution No. R , a Resolution amending the Personnel Policies and Procedures Manual definitions of Full Time and Part Time Employees as it relates to the Health Care Reform. Hunter 3. Approval of the professional engagement for the Peer Review and/or Construction Manager Services for the construction of the Police Facility / Emergency Operations Center. Judd 4. Approval to award a construction loan to build the Police Facility / Emergency Operations Center to SunTrust Bank in the amount of $2,415,000 with a fixed interest rate of 1.35% for a term of six (6) years. Heath 5. Approval to award Bid No , Oakridge Avenue Stormwater Improvements, to Florida Infrastructure, Inc., in the amount of $248,000. Null 6. Discussion and appointment of representatives to serve on a Historical Archives Task Force Committee. Bentley 7. Discussion of the rezoning of a portion of the Gustafson Property to a PID, Planned Industrial Development. Fleet 8. Discussion and appointment of a Voting Delegate for the 87 th Annual Florida League of Cities Conference. Bentley 9. Discussion and appointment of a Primary and Alternate Voting Delegate to FMPA. Judd 10. Approval of Resolution No. R , a Resolution designating certain persons to administer the new Red Light Camera Hearings. Arnold 11. City Manager and City Attorney Reports and/or Correspondence. a. Executive Summary Development Services April and May 2013 b. Executive Summary Electric April and May c. Executive Summary Police April and May d. Executive Summary Public Works April and May 2013.

3 AGENDA June 18, 2013 Page 3 of City Council Reports and/or Correspondence. 13. Adjournment. The City Council meets the first and third Tuesday of each month beginning at 7:00 p.m. Meetings are held in City Hall at 321 Walnut Street and audio recordings of the meetings are posted in the City's website at The City may take action on any matter during this meeting, including items that are not set forth within this agenda. Minutes of the City Council meetings can be obtained from the City Clerk s office. The minutes are recorded, but are not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings, or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be at the expense of the requesting party. Persons who wish to appeal any decision made by the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with Section , Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk s office no later than 5:00 p.m. on the day prior to the meeting. Exparte Communications: Oral or written exchanges (sometimes referred to as lobbying or information gathering) between a Council Member and others, including staff, where there is a substantive discussion regarding a quasi-judicial decision by the City Council. The exchanges must be disclosed by the City Council so the public may respond to such comments before a vote is taken.

4 City of Green Cove Springs 321 Walnut Street Phone: (904) Green Cove Springs, FL Fax: (904) June 18,2013 Mr. Bill Williams 902 MYl1le Avenue Green Cove Springs, FL Dear Mr. Williams: On behalf of the City Council, I would like to thank you for your twenty-one years of dedicated service as a Board Member of the Green Cove Springs Planning and Zoning Board. You were appointed by Council Member Loner in 1992 to represent Seat 3, were reappointed 3 times by Council Member Mathew Tinney, and reappointed 2 times by Council Member Hampshire. During your tenure, the Board updated the Green Cove Springs Comprehensive Plan twice, the Comprehensive Plan 2020 and the Comprehensive Plan The Land Development Regulations were also updated twice during your tenure. You were an active member of the committee that developed the Tomorrow's Vision Report in Revisions to the Central Business District (CBD) zoning district and the creation of the Gateway Corridor zoning district occurred while you were on the Board. The MUH, Mixed Use Highway and the MURP, Mixed Use Reynolds Park Future Land Use Category were adopted while you were on the Board. Your attendance at Board meetings was excellent; trying your best to make sure evely meeting had a quorum. Your comments related to variances, special exceptions, site plans, and PUD rezonings made the projects better for Green Cove Springs. Again, we thank you for your outstanding contributions to the City of Green Cove Springs Planning and Zoning Board, and wish you well in the future. Sincerely, Roy M. Timberlake, Jr. Mayor

5 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT June 18, 2013 SUBJECT: Awards presented to City of Green Cove Springs Relay for Life Team from the American Cancer Society BACKGROUND: The American Cancer Society's Relay for Life fundraising year kick offwas held on October 30,2012. The City of Green Cove Springs Relay for Life Team, led by Team Captain Shelly Hodges, held several fundraising events including the 1 51 Annual Golf Tournament organized by Jim Amold. At the actual Relay Event held on April 26 & 27,2013, the City of Green Cove Springs Relay for Life Team was given the "Most Outstanding Banner" and "Best Campsite" awards for decorations, the "Gold Team" award for raising more than $5,000.00, and the "Runner Up Fundraising Team" award for raising over $6, RECOMMENDATION: The City of Green Cove Springs Relay for Life Team recommends that the City Council accept and display the following awards of Most Outstanding Banner, Best Campsite, Gold Team, and Runner Up Fundraising Team. MOTION: Accept and display the following awards of Most Outstanding Banner, Best Campsite, Gold Team, and Runner Up Fundraising Team. Submitted by: Approved: Danielle J. Ju STAFF REPORT RELAY4L1FE.DOC

6 ... ~ RELAY FOR LIFE. I I Celebrate. Remember. Certificate of Recognition This certificate is awarded to City of Green Cove Springs Most Outstanding Banner 2013 Relay For Life of Green Cove Springs

7 ... ~.. RELAY FOR LIFE. Celebrate. Remember. Certificate of Recognition This certificate is awarded to City of Green Cove Springs Best Campsi,te 2013 Relay F,or Life of Green Cove Springs

8 ... "f RELAY FOR LIFE Celebrate. Remember. Certificate of Recognition This certificate is awarded to en C 2013 Relay For Life of Green Cove Springs

9 ... T RELAY FOR LIFE... Celebrate. Remember. Certificate of Recognition This certificate is awarded to City of Green Cove Springs Runner Up Fundraising Team 2013 Relay For Life of Green Cove Springs

10 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Second and Final Reading of Ordinance No amending the City's Red Light Camera Ordinance as set forth in City Code Section through to follow new Florida legislation as set forth in the proposed Ordinance. BACKGROUND: The City adopted Ordinance No , which initiated the red light camera traffic infraction program for the City. Such Ordinance was codified in Section , and ofthe City Code. The City has a five (5) year contract with American Traffic Solutions ("ATS") to provide certain services and red light cameras set forth in the ATS contract. The County Court has been handling all red light camera hearings for Green Cove Springs and Orange Park. The Florida Legislature has recently passed HB 7125, and the Governor is expected to sign this bill into law effective July 1, 2013, which authorizes the City to use our Special Magistrate to hear Notice of Violation cases, and assess administrative costs of up to $ in addition to the $ [me. The other changes are summarized in an ATS memo previously provided to the City Council. The City must take the action presented herein before July 1, 2013 or cease the red light camera program on that date. FISCAL IMPACT: Net annual revenue loss to the City if this Ordinance is not enacted is expected to be $600, This sum does not account for salaries, administrative and accounting costs. RECOMMENDATION: Second and Final Reading. Staff recommends approval of Ordinance No on MOTION: Approve Ordinance No on Second and Final Reading. SUBMITTED BY: APPROVED BY: RobetiAMusco, Chier of Police 061J jwc

11 ORDINANCE NO AN ORDINANCE OF THE CITY OF GREEN COVE SPRINGS, FLORIDA DELETING OBSOLETE PROVISIONS AND AMENDING THE CITY CODE BY AMENDING CHAPTER 74, DANGEROUS INTERSECTION SAFETY, ARTICLE III, TO IMPLEMENT CS/CSfHB 7125 (2013), LAWS OF FLORIDA; PROVIDING FOR LOCAL HEARING OFFICERS AND RELATED ACTION CONSISTENT WITH GENERAL LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed CS/CS/HB7125 during the 2013 Legislative Session authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida UnifOlm Traffic Code; and WHEREAS, the Governor of the State of Florida is expected to sign CS/CS/HB7125 into law, resulting in the Chapter (yet to be determined), Laws of Florida, taking effect on July 1,2013; and WHEREAS, the use of a local hearing officer promotes home rule and allows citizens of the City of Green Cove Springs and others to have a process for contesting notices of violation issued related to red light violations separate from the traffic couli process; and WHEREAS, the City Council wishes to utilize its existing code enforcement system to implement the local hearing process in a cost efficient manner; and WHEREAS, the City wishes to remove obsolete provisions and amend its Code of Ordinances to implement Chapter (yet to be determined) (CS/CSIHB7125 (2013)) ~ Laws of Florida. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS AS FOLLOWS: Section 1. Recitals Adopted. The forgoing "WHEREAS" clauses are hereby ratified and confilmed as being true and COlTect and are hereby made a specific part of this Ordinance upon adoption hereof.

12 Ordinance No l3 Page 2 of4 Section 2. Deletion of Obsolete Provisions. The existing Sections 107 through 108 of Chapter 74, Alticle III, of the City Code of the City of Green Cove Springs are hereby deleted as shown below. See Use of traffie infraetion deteetors. This local government hereby exercises its option under F.S and (2010) to use traffic infraction detectors within its jurisdiction to enforce the State of Florida Uniform Traffic Code (Ord. No , 2, ) See Implementation of general law. The city manager is authorized to implement the provisions and requirements of Law of Florida within this jurisdiction in coordination \-vith the chief of police. (Ord. No , 2, ) Section 3. Updated Intersection Safety Provisions. Chapter 74, Article III of the City Code of the City of Green Cove Springs is hereby amended as follows to add revised sections and : Sec Use of traffic infraction detectors. The city exercises its option under F.S , to use traffic infraction detectors within its jurisdiction to enforce F.S (1) or (1)(C), when a driver fails to stop at a traffic signal on streets and highways in the city's jurisdiction. The city may utilize traffic infraction detectors as a supplemental means of monitoring and assisting law enforcement personnel in the enforcement of compliance with laws related to traffic control signals as pelmitted and provided for by state law, which are designed to protect and improve the public health, safety, and welfare of the community and thereby reduce accidents, injuries and disruption of traffic associated with such violations. Sec Implementation of General Law and Designation of Local Hearing Officer. In accordance with the provisions of the Mark Wandall Traffic Safety Act, the City authorizes the implementation of the provisions and requirements of Chapters & (yet to be determined) (CS/CS/HB7125 (2013)), Laws of Florida. Effective July 1, 2013, the City shall utilize its Code Enforcement Special Magistrate as its Local Hearing Officer, as defined by Chapter (yet to be detelmined) (CS/CS/HB7125 (2013)), Laws of Florida, in accordance with the provisions of the Mark Wandall Traffic Safety Act.

13 Ordinance No Page 3 of4 Section 4. Severability. The provlslons of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any patio Section 5. Inclusion in the Code. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a pati of the Code of the City of Green Cove Springs, that the sections of this Ordinance may be renumbered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 6: passage. Effective Date. This Ordinance shall be effective immediately upon INTRODUCED AND APPROVED AS TO FORM ONLY ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, ON THIS 21 st DAY OF MAY, CITY OF GREEN COVE SPRINGS, FLORIDA ATTEST: Roy M. Timberlake, Jr., Mayor F. Lee Bentley, City Clerk

14 Ordinance No Page 4 of4 PASSED ON SECOND AND FINAL READING BY THE CITY COUNCIL OF GREEN COVE SPRINGS, FLORIDA, THIS lsth DAY OF JUNE, CITY OF GREEN COVE SPRINGS, FLORIDA Roy M. Timberlake, Jr., Mayor ATTEST: F. Lee Bentley, City Clerk APPROVED AS TO FORM: L. J. Amold, III, City Attorney

15 MINUTES OF THE MARCH 26, 2013 SPECIAL SESSION GREEN COVE SPRINGS CITY COUNCIL Call to Order A duly called special session of the Green Cove Springs City Council was called to order Tuesday, March 26, 2013 at 7:00 p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida. Invocation and Pledge of Allegiance to the Flag The invocation was performed by Mayor Lewis followed by the Pledge of Allegiance to the Flag of the United States of America. Roll Call COUNCIL MEMBERS PRESENT: D. Ray Braly C. Felecia Hampshire Robert C. Page Roy M. Timberlake, Jr., Vice Mayor (via telephone) Pamela J. Lewis, Mayor STAFF MEMBERS PRESENT: L. J. Arnold, III, City Attorney Lee Bentley, City Clerk Janis Fleet, Development Services Director Sue Heath, Asst. City Manager/Finance Director Cynthia Hunter, Personnel Director Danielle J. Judd, City Manager Robert Musco, Chief of Police & Interim Electric Utility Director Mike Null, Public Works Director Kim Thomas, Interim PHA Director COUNCIL BUSINESS 1. Approval of Resolution No. R , a Resolution rescheduling the April 3, 2013 and April 16, 2013 City Council meetings to Tuesday, April 9, 2013 and April 23, 2013, respectively. Bentley Mayor Lewis recognized Mr. Bentley for presentation of this item. Mr. Bentley explained the purpose of the Resolution was to reschedule the City Council meetings in April due to the City Elections. A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE RESOLUTION NO. R , A RESOLUTION RESCHEDULING THE APRIL 3, 2013 CITY COUNCIL MEETING TO TUESDAY, APRIL 9, 2013 AND THE APRIL 17, 2013 MEETING TO TUESDAY, APRIL 23, 2013 BOTH MEETINGS WILL BE AT 7:00 P.M. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS NONE. At this time, the Mayor requested an update on the Relay for Life Golf Tournament fundraiser from Shelly Hodges and Kim Thomas. Ms. Thomas advised total funds raised were $5, of which the Golf Tournament raised $4, Mayor Lewis commended the hard work done by all involved to make the Golf Tournament and Relay for Life a success. Before moving to the next item on the Agenda, Mayor Lewis provided guidelines for conducting the meeting specifically referring to the refraining of name calling and personal attacks. Anyone conducting themselves in such a manner would be asked to leave the podium. Mayor Lewis noted the City Manager s presentation was approximately one (1) hour long. She reminded the public to complete a blue card at

16 March 26, 2013 Special Session Page 2 of 12 the City Clerk s desk if they wished to address the Council. Public comments would be allowed at the end of the presentation. The Council would then make their comments. The Council would not vote on the Police facility at this meeting. That vote would take place on April 9 th. Sheriff Rick Beseler, Chief Loren Mock, and John Ward, Clay County Emergency Management, would also speak on this item. 2. Special presentation and public comment on the Police Facility / Emergency Operations Center (EOC) Complex Capital Project. Judd Mayor Lewis recognized City Manager Judd who presented and reviewed a PowerPoint presentation on this item (see attachment marked Exhibit B ): Vision Historical Perspective Over A Decade covering 1999 to 2013 Need 20 minute Video of Current Facility at 205 Spring Street; Current Organization; and Future Facility Components Size Location Cost Local Economic Impact City Manager Judd concluded her overview of this portion of the presentation and then requested Mayor Lewis to recognize Clay County Sheriff Rick Beseler to address the City Council with remarks about the proposed Police Station Facility. Mayor Lewis recognized Sheriff Rick Beseler to address the City Council regarding the proposed Police Station project. Sheriff Beseler introduced himself as the Sheriff of Clay County and provided the following comments: Supported construction of a new Police Station for the City and its current Police Operations; Began his career some 41 years ago with the City s Police Department in a rat infested building that also housed the City s Water Plant operations; The Police Department was later transferred to a building previously used as a Soda Fountain shop overlooking the City Pool where it remained until moving into an historic old wooden house on the banks of the St. Johns River; Commented that never in the history of Green Cove Springs had there ever been an actual Police Station; Stated everyone agrees that the Police Department needs a new building; The issues were the size and cost of the proposed project; Addressed the City Council as a citizen, a taxpayer and someone with a great deal of subject matter knowledge on law enforcement, budgeting and historical perspective; Expressed that he had no direct involvement in the outcome of the City Council s decision other than his desire for good government; Qualified his input as neutral and impartial; As the Sheriff of Clay County, has firsthand knowledge of the difficulty of administration of Police operations and a facility that was not planned for future growth; Sheriff s Office operations are spread out over six (6) locations countywide and at a hodge podge of renovated Doctor s Offices, Veterinary Clinics, Schools and Boat Ramps; Current building constructed to meet the current need of that time as if the future would never come; Would have been wiser and more cost effective to build a bigger facility with pre-inflation dollars years ago; Most Government Leaders only have the political courage to deal with the here and now and generally choose to kick the can down the road for future generations to deal with;

17 March 26, 2013 Special Session Page 3 of 12 Two exceptions come to mind in applauding the visionary thinking in recent years where more Courthouse construction was completed than needed currently with empty floors for future growth and use; The current City Hall is another example of construction with planned space for future growth and at a cost much less than construction costs will be in years to come; Commented on the talk that we cannot afford to build the proposed Police Station and should reduce its size and capabilities, in other words just build a building that will get us by for today and not plan for tomorrow ; Public Safety is the core function of government, not parks, not recreation, not economic development, not cultural or historic preservation, not even education or transportation, all other functions come behind that; Business owners who envision moving their company and employees to Green Cove Springs will first check the Public Safety facility to see what importance this community places on its core responsibility, today that would be a disappointing answer; In reviewing the floor plan for the proposed facility, found it to be adequate for a modern Police facility without any un-necessary or extravagant features; If cost reductions are necessary, it would be recommending reduction of the wind load rating and not the square footage; Delaying or cutting corners on this project today would be a mistake future citizens will pay for; Has experience in management of government budgets and stretching public dollars and his current budget now is essentially the same as it was nine (9) years ago when he took office and provides first class law enforcement services to the citizens of Clay County; Not an advocate of wasting money and some may consider him a tight wad ; Encouraged City Council to take the step of being a Visionary; Do not repeat the mistakes of the past and miss the opportunity to do it right the first time instead of having to do it over later; Look to the north and our neighbors in Atlantic Beach who are struggling now to build another Police Station to replace one they built 25 years ago just to get by and now is woefully inadequate for their needs today; Make Green Cove Springs proud of its Public Safety Facility and say to all that the City takes its core responsibilities very seriously; Sheriff Beseler thanked the Mayor and City Council for allowing him to appear before them to share his opinion on the City s proposed Police Station Facility. Mayor Lewis thanked Sheriff Beseler for his comments. The Mayor and City Council Members viewed a special video presentation on the current Police Station facility outlining the major points identified for needing a new Police Station facility. The video presentation will also be on the City s website for public review. Mayor Lewis recognized City Manager Judd to continue with her Power Point presentation beginning with: Review and comments regarding the current Green Cove Springs Police Department Organizational Chart; Provided a rendering of the front façade of the proposed Police Station / EOC Facility and commented on the various locations where the rendering was placed for public inspection; Provided a rendering of the Police Station / EOC Facility s proposed floor plan showing the different areas and commented on those as related to the video presentation in terms of what we have now, what the future might require and provided an overview of the various aspects of that plan; Provided overview of the future facility s various components identified in the presentation; Provided an overview of Police Officers ranging from 1990 up to 2040; Provided an overview of Calls For Service ranging from the high twenties to now at over 31,000 and that priority one calls response time were two 2 minutes and 31 seconds;

18 March 26, 2013 Special Session Page 4 of 12 priority two calls were 3 minutes and 15 seconds, priority three calls were 3 minutes and 23 seconds resulting in an average response time of 3 minutes; Reviewed size of facility at 20,000 square feet; City Manager Judd at this point requested Clay County Fire Chief and Director, Clay County Emergency Management, Lorin Mock to address the City Council about what an Emergency Operations Center was. Mayor Lewis recognized Clay County Fire Chief Lorin Mock and John Ward, Assistant Director, Clay County Emergency Management who provided an overview of an Emergency Operations Center and presented a five minute video about an Emergency Operations Center s function and the difference between a County EOC and City EOC in terms of operations during an emergency situation and what happens at the State level during those emergency situations. Chief Mock explained that the video presentation would provide elected officials with an overview of the City s role during a disaster situation. Chief Mock stated that in Florida, the State is the preeminent authority, with the 67 counties being next and each municipality has a distinct and meaningful role in the emergency management structure which is the intent of the video presentation. Chief Mock also provided the City Council with a copy of the Local Officials Guide prepared in concert with the video and serves as a handy guide book for explanation of the items seen on the video. Chief Mock informed the City Council of two important things to be considered from the video presentation: 1. For the City to be a part of the County process in the event of a disaster, the County depends on the City to do a local state of emergency declaration as the County would do. Both of the local state of emergency declarations when passed up to the State they are incorporated with the data sent to Washington to include Green Cove Springs as part of a disaster recovery process. 2. The second part is it gets the City s foot in the door like with Tropical Storm Debbie last year, the City was included because the County was able to get hazard mitigation preparedness grants that the City is taking advantage of. Chief Mock advised that whenever Grant and Aid Assistance, post the disaster, comes in, that purchase, or buy in, is essential to get part of that money trail and train from Washington, D.C. when disaster declarations are done. Chief Mock stressed his most important objective is to ensure the local communities within the County are active participants in helping to manage the response to an event. This means that the County s EOC would depend on the City activating and mobilization of City Staff in concert with the County Staff and agencies including the Towns of Keystone Heights, Orange Park and Penney Farms to have a unified team responding. This assists the County by informing them that the City can take care of and handle its problems during a disaster situation, but if the City needs assistance, the County will direct resources in to assist with the problems. Chief Mock further stressed the City needed to be involved in the process and vetting your issues locally and forwarding them through your communications and coordination liaisons within the County s EOC at the Fairgrounds for two reasons: 1. Recognize the City s issues. 2. That the County is paying attention to them and having them included in the planning process to insure that the County can assist you and your citizens in any type of emergency response and recovery efforts.

19 March 26, 2013 Special Session Page 5 of 12 Chief Mock agreed with Mayor Lewis statement that the City is in charge of its own destiny in these types of situations and clearly are partners with the County s overall response and recovery efforts. Chief Mock shared with the City two graphic representations regarding protection from Hurricanes due to living in a unique curve that we are not heavily impacted by these storms. This was a graphic borrowed from the Duval County Chamber of Commerce brochure developed and published in Chief Mock displayed a second graphic that expressed the reality of the potential for impact from a Hurricane in the future. The data displayed was through 2006 and needed to be updated; however, his comments were that most of the storms that have impacted our area were Backdoor Storms and indicates a fair probability that Green Cove Springs and Clay County will see winds in excess of hurricane strength and depending on which side of the storm the area is impacted by could result in winds about 125 miles per hour. He commented that based on the wind strength of a storm, the design of a structure to be used as an Emergency Operations Center (EOC), should be able to withstand that and function to support recovery efforts and operations. He suggested consideration of enhancement of that structure wherever it is, the new Police Station, City Hall or others, to have an area that will sustain that type of wind event and still function for your community. Chief Mock commented that he had no direct dog in the fight over what the City chooses as a community to build, he expressed that his concern is that the City has what will be resilient and ensure success in your community. Chief Mock s final comment concerned the Town of Orange Park facing the same situation as the City regarding their Police Station / Fire Department Facility and chose to enhance that facility so that it has resiliency. So, when he looks at the Town of Orange Park, he knows that Police / Fire facility built to that category standard will be able to withstand a storm and the County can utilize that as an effective point of service post any type of storm event. Chief Mock concluded his remarks and then asked if the City Council had any questions. Council Member Hampshire inquired about his comment concerning the Town of Orange Park s design standard for their facility. Chief Mock stated the Town designed their facility at the Category Five storm event level and that is what the County constructed its EOC to withstand. Council Member Braly inquired as to whether the lower standard should be at 130 miles per hour? Chief Mock responded affirmatively and also stated there were many choices along the way for consideration and clearly the City can look at the current Building Code which has a varied wind rating as you move across and there are enhanced costs as you do that. Chief Mock further commented that the City may not build an entire facility to that rated capacity, but you would have a core or capacity that will withstand that type of wind event. Council Member Braly stated that a 130 mile per hour rating would be considerably cheaper than a 160 mile per hour rating, to which Chief Mock concurred that would be okay until you reached the 150 to 160 mile per hour storm. Mayor Lewis thanked Chief Mock and Mr. Ward for attending the meeting and sharing information about what an Emergency Operations Center was for the benefit of the City Council. City Manager Judd returned to her presentation to the City Council which addressed the following: Reviewed the Critical Facility components of the EOC as referenced on slide presentation; Reviewed the Population Projections as cited in the slide presentation with following comments: Population projections have not factored in the Outer Beltway;

20 March 26, 2013 Special Session Page 6 of 12 Population projections have also not factored in the Reynolds Industrial Park Build out with potential impacts per City s Comprehensive Plan of: Maximum of 3,900 dwelling units resulting in an additional population projection of 10,000 people; Development has the capacity for up to 8,000,000 square feet of either commercial, industrial or institutional type of development; The ability for 1,500 Timeshare Units; and 1,650 Boatslips; City Manager Judd s remarks also stated that the Population Projects did not include any anticipated future annexations; Reviewed a chart of Population Projections for Clay County on slide presentation covering increments of five (5) years beginning with 2015 through 2040 with Low, Medium and High projections identified by the University of Florida Bureau of Economic Business Research (BEBR); Reviewed another Clay County Population projection from the Northeast Florida Regional Planning Council for increments of ten (10) years beginning with 2010 through 2050; Reviewed a third slide of Population Projections for Clay County and Green Cove Springs based on five (5) year increments from 2015 to 2040 obtained from the University of Florida Shimberg Center; Reviewed a slide of area Population Projections for Clay County and Green Cove Springs from the City s 2025 Comprehensive Plan Data and Analysis for the years 2010, 2020 and 2025: Reviewed slides addressing the Location for the proposed Police Station site including discussions regarding the Land Purchased; Site Expenses; Site Characteristics; and Site Development Plan; Reviewed slides addressing Cost: Comparison and Contrast Per Square Foot; Funding Strategy Sources; Funding Strategy Uses; Bid Tabulations; Funding Strategy Uses Comparison of Cost Per Square Foot For Low Bid; Funding Strategy Sources Breakdown; Finance Options (Surtax Only); Cost Comparisons For Current City Hall; Cost Contrasts; Construction Bid Costs and Time; Re-Design Options; Cost Factors; Reviewed slide information pertaining to Local Economic Impact related to Workforce and $5 M Construction Project: Jobs, Wages, Direct Effect, Indirect Effect, and Effects During Construction Period; Reviewed slides addressing Decision-Making Process; Approve / Reject Bids; Loan Ordinance; Conclusion; Vision; Proposed Plan; Testimonials;

21 March 26, 2013 Special Session Page 7 of 12 Bids; Sources and Uses; Capital Improvements; Direct accumulation of wealth; Policy Decision Reviewed slide and comments concerning Policy Decision; Reviewed slide and shared comments on Policy Decision Options; Reviewed slide regarding Closing Remarks; Mayor Lewis acknowledged the following for public comments and reminded everyone about the strict three minute time limit: Gary Carmichael, who resides at 711 N. Magnolia Avenue, Green Cove Springs, Florida, spoke in favor of the new Police Station project as a much needed facility for Police Operations. Mr. Carmichael shared with the City Council his firsthand knowledge of the need for an Emergency Operations Center and urged them to listen to their experts on the design proposed for the new facility and provide the current Police Officers with the facility they need to perform their duties. George Berry, who resides at 1879 Quaker Ridge Drive, Green Cove Springs, Florida and has lived in Green Cove Springs for 14 years. Mr. Berry addressed the City Council as a resident of the City and former member of the Green Cove Springs Police Pension Board serving a six (6) term. He stated during his term, he had the opportunity to serve on the selection committee for the Architectural firm to design the new Police Station building. He stated the previous Administration had directed the design of a 22,000 square foot facility, but recommended reducing it to approximately 15,000 to 16,000 square feet to more adequately reflect what the committee thought would be a building for the future. He expressed his objection to the proposal to reduce the building size from 16,000 to 10,000 square feet which he regarded as a mistake. He expressed that the City needed an updated facility that would aid in retaining existing Police Officers and serve to attract new Police Officers to be an effective Police Department. Mr. Berry stated his belief that the City desires to attract new business and shared that there were two (2) categories other than tax incentives that are important for a business to build or relocate; the first is quality schools which exist here and second, a quality Public Safety facility which is what the proposed building will achieve. Mr. Berry urged the City of Green Cove Springs, City Council, and City Manager to support a building estimated at about 16,000 square feet that was originally submitted previously by the Architectural Committee and the bottom line is, do we move forward or backwards. He thanked the City Council for the opportunity to speak to them. Lt. Charles Jett, 205 Spring Street, Green Cove Springs Police Department addressed the City Council and stated his family had been residents of the City for about 50 years; he has been in law enforcement for 42 years with 32 years of that service with the Green Cove Springs Police Department. He reviewed some of the history of the Police Department similar to what Sheriff Beseler had previously discussed earlier. Mr. Jett spoke in favor of the project going forward as the existing facility does not meet the current standards for a Police Department and is in need of being replaced for adequate operations requirements. Sergeant Derek Asdot, 205 Spring Street, Green Cove Springs Police Department spoke about his career with the Police Department in various capacities; had served on the Clay County Narcotics Task Force; assigned to the Drug Enforcement Agency s Task Force and now serving as a Sergeant in the Police Department s Patrol Division. Sgt. Asdot recounted several aspects of his career with the Green Cove Springs Police Department and expressed he and his fellow Officers had pride in the job they do for the City, pride in themselves and their qualifications, and support the Green Cove Springs Police Department for the citizens and residents. Sgt. Asdot shared with the Council that the Officers have established excellent relationships with the community and especially with the local businesses. Sgt. Asdot expressed his support for the new Police Station

22 March 26, 2013 Special Session Page 8 of 12 and encouraged the City Council to approve the project for the present and future operational requirements of the City s Police Department. Detective Tammy Perry, 205 Spring Street, Green Cove Springs Police Department shared that she began her career with the Police Department in 1998 as a part-time dispatcher and then became a sworn officer in She stated her current assignment is with the Department s Investigative Unit and serves a member of the Child Abduction Response, Sexual Assault Task Force Team, and the Florida Intelligence Unit and assigned as the Information Liaison Officer for the Green Cove Springs Police Departments working with the Florida Department of Law Enforcement Agency. She stated her career spanned over several years with similarly sized agencies like Green Cove Springs. She spoke in favor of the new Police Station as it would replace the current facility that was inadequate for the Department s current operational requirements including the lack of adequate restroom and shower facilities and the processing of alleged offenders including conducting proper interviews of these individuals and evidence storage requirements. The current facility lacked the necessary storage space for housing the equipment used by the Department s former Explorers Unit which was a great help to the department during Special Event activities; however due to inadequate space for this program, it was cancelled. Det. Perry s comments were in support of the new Police Station Facility. Sergeant Corey Buchanan, 205 Spring Street, Green Cove Springs Police Department expressed his appreciation for being allowed to speak to the City Council. Sgt. Buchanan s family moved to Green Cove Springs in 1982, he has been here 31 years making his home here with his wife and three children. Sgt. Buchanan stated his first encounter with a Police Officer was in the 1 st grade at Charles E. Bennett Elementary School at an Officer Friendly presentation and made the decision at that time to become a Police Officer. He is a 1995 graduate of Clay High School and then entered the Police Academy and hired at the age of 20 as a Police Officer for the City and have served here for 15 years. Sgt. Buchanan stated that since he has been with the Police Department there had been talk about a new Police Station being constructed at some point in the future, that conversation has been ongoing through his 15 years on the force. He expressed his encouragement for the City Council s continued support for the construction of a New Police Department to provide the area and space necessary for handling the various aspects of the department for officer training and interrogation of alleged offenders. Officer Kimberly Robinson, 205 Spring Street, Green Cove Springs Police Department stated she had been with the department for 7 years. She previously served as a Police Officer in Pittsburg, Pennsylvania and was looking for a change and found Green Cove Springs as the place to continue her career in law enforcement as a member of the Green Cove Springs Police Department. Officer Robinson conveyed her support for the construction of a new Police Station and that it would provide vital space for the planning and coordination of the annual Teen Summit and Camp Cadet programs both of which have a great impact on the City and youth within the surrounding area. Officer Robinson further stated that continued growth of community programs requires the adequate space for the planning, training and implementation of the programs and the new Police Station facility will provide the needed space for continuation and expansion of these for the benefit of the City and its residents. Officer Robinson s concluding remarks were about the three (3) keys to successful Policing, Integrity, Community Partnerships, Education and Training. Detective Mel Acres, 205 Spring Street, Green Cove Springs Police Department addressed the City Council speaking in favor of the new Police Department s construction stating he had been with the City for 13 years. He stated he loved working for the City and spoke about the inadequate facility currently serving as the Police Department and concurred with the previous comments of Detective Perry regarding the processing or handling of alleged offenders including the interview process associated with these individuals. The current facility was lacking in meeting those requirements and a new Police Station is needed to provide the department with the resources and requirements for current and future Public Safety necessities of the City. Officer Robin Mears, Green Cove Springs Police Department has 7 years of service in the department with 25 years of law enforcement experience. Officer Mears addressed the City

23 March 26, 2013 Special Session Page 9 of 12 Council as a proud member of the Police Department expressing his support for the new Police Department whose design is intended to serve the needs of the current and future residents of the City. He stressed the need for the Officers of the Green Cove Springs Police Department to be mentally, physically, and technologically equipped to deal with variety of calls they are called upon to handle on a daily basis in protecting the City. He expressed that the City and the Police Department needed the new facility for the present and the future as growth and development continues to progress. Joe Sobotta, who resides at 212 North Street, Green Cove Springs, Florida, addressed the City Council in support of the construction of new Police Department. He expressed to the City Council that costs were low at the present time but would not remain there for much longer. The current facility was inadequate for the current operations and needed to be replaced. He further stated that the City Council should not reduce the size of the project but build it for the population projected for the City in the future. Mr. Sobotta made two points, first, the City cannot go backwards, the property has been purchased, the construction plans are ready, and the project needs to be done. Mr. Sobotta s final comment was that the citizens of Green Cove Springs should trust the judgment of its elected officials in making the decision to move forward with this project and get it done. Mike Kelter, 630 Myrtle Avenue, Green Cove Springs addressed the City Council and complimented the City Council and City Manager on a great job in this process. He applauded the Green Cove Springs Police Department for their excellent service to the community. He thanked Mr. George Berry and the other volunteers who served on the selection committee regarding this project and did an outstanding job addressing the many issues and keeping the reins on things trying to keep the project small and affordable. Mr. Kelter stressed the fact that current facility was totally inadequate for the daily operations of the Department and a new facility needed to address the current and future needs of the Police Department. Mr. Kelter concurred with Chief Mock s comments that it would be a very big mistake to skip building an EOC for the City. Mr. Kelter agreed with Mr. Sabotta s earlier statements regarding having the land and the construction plans and to get the project done and thanked the City Council for the opportunity to speak to them. Debbie Ricks, 514 Governors Street, Green Cove Springs addressed the City Council stating that everyone agrees for the need of a new Police Station facility and thanked all of the Police Officers for their service everyday working out of the current facility. She expressed her only concern was paying for the new facility as is probably the concern of the Council. She expressed that the City should not commit all of its $630,000 Surtax funds for two years on this project and to do so would be a very poor decision as there would be no funding left for a road repair or anything. Capital Improvement projects would have to cease. She suggested the City should explore ways to reduce the cost of the facility or consider rebidding of the project. She agreed with the need for a new facility and urged the Council to examine the funding to pay for it. Peter Hundt, 3526 Shinnecock Lane, Green Cove Springs, spoke in favor of building a new Police Station and to provide the officers with the building and equipment necessary for them to do their jobs. He expressed that the old building was definitely obsolete and needed to be replaced and the City should not cut corners on the new building and build it to a Category 5 standard. Karen Kenney, 701 Cove Street, Green Cove Springs, stated that the City had been previously been impacted by a strong Category 2 hurricane; concerned about the cost and funding for the new Police Station. She spoke on the extension of the Surtax past the 2019 deadline, stating that it would have to be approved by a referendum of the people and expressed uncertainty that it would be approved. She expressed that the project should be rebid as the logical thing to do. She further stated that if the City were to be hit by a Category 5 hurricane, the Police Department would be the only structure standing due to its design for that situation. Jimmy Ricks, 514 Governors Street, Green Cove Springs, addressed the City Council and stated the Police Department does a great job; however, he was a businessman. The City needs to re analyze the cost of this project and the potential for growth and development costs associated with the proposed Reynolds Park area should that come to fruition. The City needs to provide a facility

24 March 26, 2013 Special Session Page 10 of 12 for the Police Department to do everything that they need; however, at the cost the City can afford to pay for it. John Ward, Deputy Director, Clay County Emergency Management, addressed the City Council stating that it was important to have the Police Department designed to a Category 5 standard. It was vital to have this facility constructed to be available for management operations during a storm event. Bob Lewis, 203 North Street, Green Cove Springs, addressed the City Council as a five (5) year resident who had heard that a new Police Station was to be constructed since he arrived. He spoke in favor of having the Police Station built by a qualified and reputable contractor. He further stated that the cost for financing today was about as cheap as you will ever see it. He recommended the City Council move forward and to take advantage of what exists today as the costs will increase dramatically in the future. George Maloney, 3598 Shinnecock Lane, Green Cove Springs, has lived in the City for 20 years. Prior to moving to Green Cove Springs, he was a Special Agent for the Federal Bureau of Investigations and lived in eight (8) different states and worked with local Police Departments during his career. He currently is a volunteer at the Police Department and as such he personally has knowledge that the current facility is the worst of any he has previously seen. He stated that the quality of work provided by the officers of the GCS Police Department is exceptional based on the physical environment they work in and has to be attributed to their dedication and professionalism. He strongly urged the City Council to support the Police Department and its need for a new facility. Tracy Bishop, 205 Spring Street, works as a Dispatcher for the Green Cove Springs Police Department, she spoke in favor of supporting the construction of a new facility to replace the existing building which is inadequate for the current operations, especially during an emergency situation like a storm event. She expressed that the current facility lacks adequate security for safety due to its design. She added her comments to support the construction of a new Police Station for the City. Gabriel, 211 Ferris Street, Green Cove Springs, addressed the City Council wishing everyone a Happy Easter. Officer Mark Wilson, 205 Spring Street, Green Cove Springs Police Department, spoke to the City Council as a seven (7) year veteran of the Police Department in support of the new Police Station. Officer Wilson reviewed the responsibilities of his job with the Police Department and expressed that a strong bond exists between the community and its businesses. He further stated the effectiveness of the Neighborhood Watch Program recently instituted and it is now expanding to other areas of the community. He further stated meetings are currently held at a local restaurant and construction of the new Police Station would provide a central location for these and other community meetings. He shared with the City Council that the current facility does not provide bathrooms with shower facilities for instances when officers encounter situations requiring bathing and changing of clothes to prevent or jeopardize their health and the health of their family members when they go home at the end of a shift; the construction of the new facility would provide these assurances for health and safety. Bob Lewis, 426 Myrtle Avenue, Green Cove Springs, he spoke to the City Council as a volunteer who works at the Green Cove Springs Police Department and shared his admiration of the professionalism of the members of the Police Department observed during his volunteer service. He expressed his opinion the City should continue moving forward and not go backwards with the Police Station project as the City will continue to grow and the Police Officers really need and deserve a new facility. Mayor Lewis thanked the audience for being respectful and recognized the Council Members who made the following comments:

25 March 26, 2013 Special Session Page 11 of 12 Council Member Hampshire: Disappointed in the bids; Optimistic that there is a way that the City can responsibly and realistically look at a way that we can still build the Police Station as it is now and not compromise the safety of our community, City and our Police Department Employees; Ready to move forward and stop kicking the can down the road. Council Member Braly: He is a CPA wondering and concerned about how the City will pay for it; Acknowledged the Police Department needs a new facility; the current facility is a disgrace; Need to talk about needs and wants; Referred to an amount cited by Sue Heath, expressed desire that the bids would come in lower; however, they did not and are $1,090,000 in excess; Talked with the Chief to get an understanding of what the project was about as a replacement for former Council Member Ricks and concerned about how to pay for it; What happens if the City loses the Surtax and does not have the money to pay for it? A huge expense that needs to be paid for; How can it be made affordable? Interest rates at all-time low; Believed a Category 4 (130 mph winds) was better; and Delete EOC or reduce size. Council Member Page: Served on Council for 9 years; Cost is always on the City s mind; Acknowledged efficiency of GCS City government; not extravagant with tax dollars; Question is how does the City pay for what it needs? The Council needs to figure out how the City determines what level of protection is needed, where the emergency services would be located during a storm event; He has every confidence that City Staff will be able to show how a new facility will be paid for; and Reminded about Special Session next Tuesday [Wednesday] for a presentation on Sea Rising in North Florida. Vice Mayor Timberlake: Complimentary of City Manager s presentation; Moved to Orange Park in 1961; GCS at cross road of destiny; Suggested looking at other towns around GCS, i.e., Starke, Melrose, and others; Asked Council to move forward; timing is now; cost will continue to rise; Time to take steps to move forward looking at Staff s reports; What is the cost of failure to perform?; Excellent Police Department Staff; do a great jobs for the City; and Thanked City Staff. Mayor Lewis: Public Safety is the main function; Plan for the future; Lots of things to weigh; Police Department does a great job under horrendous conditions; and

26 March 26, 2013 Special Session Page 12 of 12 Reminded Council to think about the information discussed for at Special Session on April 9 th. 3. Adjournment. There being no further business to come before the City Council, the meeting was adjourned at 10:06 p.m. CITY OF GREEN COVE SPRINGS, FLORIDA Pamela J. Lewis, Mayor Attest: F. Lee Bentley, City Clerk

27 MINUTES OF THE APRIL 9, 2013 SPECIAL SESSION GREEN COVE SPRINGS CITY COUNCIL Call to Order A duly called special session of the Green Cove Springs City Council was called to order Tuesday, April 9,2013, at 5:30 p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida. Invocation and Pledge of Allegiance to the Flag The invocation was performed by Council Member Page followed by the Pledge of Allegiance to the Flag of the United States of America. Roll Call COUNCIL MEMBERS PRESENT: D. Ray Braly Robert C. Page Roy M. Timberlake, Jr., Vice Mayor (Via telephone) Pamela J. Lewis, Mayor COUNCIL MEMBER ABSENT: C. Felecia Hampshire STAFF MEMBERS PRESENT: L. J. Arnold, III, City Attorney Lee Bentley, City Clerk Janis Fleet, Development Services Director Sue Heath, Asst. City Manager, IFinance Director Danielle J. Judd, City Manager Robert Musco, Chief of Police & Interim Electric Utility Director Mike Null, Public Works Director COUNCIL BUSINESS STAFF MEMBERS ABSENT: Cynthia Hunter, Personnel Director 1. Council approval to participate in the free Community Sea Level Rise Resiliency Assessment offered by the Emergency Preparedness Committee of the Regional Community Institute of Northeast Florida, Inc. Page Mayor Lewis recognized Council Member Page who advised the City Council of an invitation to the City for participation in a free Community Sea Level Rise Resiliency Assessment offered by the Emergency Preparedness Committee of the Regional Community Institute (RCI) of Northeast Florida, Inc. The RCI staff will facilitate the Resiliency Assessment and make a brief presentation to the City Council about this project. Margo Moehring, Northeast Florida Regional Council, 6850 Belfort Oaks Place, Jacksonville, provided a brief overview of the planned assessment project including a Power Point presentation for the Council (see attachment marked Exhibit "A"). Ms. Moehring stated that the Regional Community Institute Committee had spent a couple of months working on this study. She further advised that there were a lot tools available for this type of study. She continued discussion of the proposed study and referred to maps depicting locations of facilities potentially impacted by a rise in sea level at 1', 3', and 6' increments. Ms. Moehring indicated no impact to Government Buildings with a l' rise in sea level; however, there was impact from a 6' rise in sea level. She further stated that all bridges were being included in the study and that there were seven (7) more communities to meet with before issuing a final report to the Regional Planning Council in October 2013.

28 April 9, 2013 Special Session Page 2 of 2 Ms. Moehring referenced more information about the proposed study was available at their website with a couple of presentations that further explained the purpose for this study. City Council Member Page expressed his appreciation for the efforts to start this process and by the Regional Community Institute and Northeast Florida Regional Planning Council staffs. 2. Adjournment. There being no further business to come before the City Council, the meeting was adjourned at 6:18 p.m. CITY OF GREEN COVE SPRINGS, FLORIDA Pamela J. Lewis, Mayor Attest: F. Lee Bentley, City Clerk

29 MINUTES OF THE APRIL 9, 2013 REGULAR SESSION GREEN COVE SPRINGS CITY COUNCIL Call to Order The regular session of the Green Cove Springs City Council was called to order Tuesday, April 9, 2013, at 7:00 p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida. Invocation and Pledge of Allegiance to the Flag The invocation was performed by Council Member Page followed by the Pledge of Allegiance to the Flag of the United States of America. Roll Call COUNCIL MEMBERS PRESENT: D. Ray Braly C. Felecia Hampshire Robert C. Page Roy M. Timberlake, Jr., Vice Mayor (via telephone) Pamela J. Lewis, Mayor STAFF MEMBERS PRESENT: L. J. Arnold, III, City Attorney Lee Bentley, City Clerk Janis Fleet, Development Services Director Sue Heath, Asst. City Manager/Finance Director Cynthia Hunter, Personnel Director Danielle J. Judd, City Manager Robert Musco, Chief of Police & Interim Electric Utility Director Mike Null, Public Works Director AWARDS AND RECOGNITION A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO APPROVE THE PROCLAMATIONS RECOGNIZING THE CITADEL GOLF DAWGS - CLASS OF '69, THE NATIONAL SERVICE RECOGNITION DAY, SEXUAL ASSAULT AWARENESS MONTH, AND CIVILITY MONTH. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. Proclamation - The Citadel Golf Dawgs - Class of '69 Mayor Lewis read into the record and presented a Proclamation recognizing the Citadel Golf Dawgs, Class of '69. City Attorney Jim Arnold, a member, accepted it on behalf of the group and thanked the City Council (see attachment marked Exhibit "A"). Proclamation - National Service Recognition Day Mayor Lewis read into the record and presented a Proclamation recognizing and proclaiming April 9, 2013 as "National Service Recognition Day" in Green Cove Springs (see attachment marked Exhibit "B"). Proclamation - Sexual Assault Awareness Month Mayor Lewis read into the record and presented a Proclamation recognizing and proclaiming the month of May 2013 as "Sexual Assault Awareness Month" in Green Cove Springs. Steve Conrad and representatives from Quigley House accepted it and thanked the City Council (see attachment marked Exhibit "C).

30 April 9, 2013 Regular Session Page 2 of 14 Proclamation - Civility Month Mayor Lewis read into the record and presented a Proclamation recognizing and proclaiming May 2013 as "Civility Month" in Green Cove Springs (see attachment marked Exhibit "D"). There were none. Mayor to call on members of the audience wishing to address the Council on matters not on the Agenda. PUBLIC HEARINGS 1. Second and Final Reading of Ordinance No , an Ordinance amending City Code Section (6) b., entitled "Bulk Power Cost Adjustment". Mr. Arnold read the title of Ordinance No into the record as follows (see attachment marked Exhibit "E"): AN ORDINANCE OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, AMENDING CITY CODE SECTION (6) b., ENTITLED "BULK POWER COST ADJUSTMENT"; PROVIDING FOR REPEALER, SEVERABILITY, AND SETTING AN EFFECTIVE DATE. Mayor Lewis opened the Public Hearing. There being no comments, the Public Hearing was closed. A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE ON SECOND AND FINAL READING ORDINANCE NO AMENDING CITY CODE SECTION (6) b., ENTITLED "BULK POWER COST ADJUSTMENT". THE MOTION WAS SECONDED BY COUNCIL MEMBER BRALY. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY. C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. 2. Second and Final Reading of Ordinance No , an Ordinance amending City Code Section 58 and establishing a non-exclusive franchise system for the provision of containerized commercial service for the collection of solid waste and recyclable materials. Mr. Arnold read the title of Ordinance No into the record as follows (see attachment marked Exhibit "F"): AN ORDINANCE OF THE CITY OF GREEN COVE SPRINGS, FLORIDA AMENDING CITY CODE CHAPTER 58 ENTITLED SOLID WASTE; ESTABLISHING SECTION FOR A NON EXCLUSIVE FRANCHISE SYSTEM FOR THE PROVISION OF CONTAINERIZED COMMERCIAL SERVICE FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS; PROVIDING FOR FRANCHISE FEES; PROVIDING AUDITING AND REPORTING REQUIREMENTS; PROVIDING APPLICATION REQUIREMENTS; PROVIDING PROCEDURES FOR EITHER DENIAL OF APPLICATION AND SUSPENSION OR REVOCATION OF FRANCHISE; ADDING AN APPLICATION FEE FOR COMMERCIAL SERVICES FRANCHISE; PROVIDING FOR REPEALER, SEVERABILITY AND SETTING AN EFFECTIVE DATE. Mayor Lewis opened the Public Hearing. She recognized Van Royal, 3688 La Costa Court, Green Cove Springs. Mr. Royal stated he had spoken with several local businesses who expressed their concerns regarding recycling requirements. He referred to the City of Bunnell who had drafted a Customer Bill of Rights. He did not believe the small business owner would be able to keep up with the regulations and suggested the City draft a similar document for the protection of the small business owners in Green Cove Springs.

31 o April 9, 2013 Regular Session Page 3 of 14 Ms. Judd replied that a Customer Bill of Rights could be incorporated into another Ordinance. She had spoken with Republic in an attempt to rectify some of these issues. However, as of October 1, 2013, no one had a franchise in the City. She directed Mr. Null to address any concerns of the businesses on Walnut Street. Mr. Null stated they had the option to either request consideration for commercial hand pick-ups or to combine their resources and get a single dumpster together. There being no further comments, the Public Hearing was closed. A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE ON SECOND AND FINAL READING ORDINANCE NO , AMENDING CITY CODE CHAPTER 58 ENTITLED SOLID WASTE; ESTABLISHING SECTION FOR A NON-EXCLUSIVE FRANCHISE SYSTEM FOR THE PROVISION OF CONTAINERIZED COMMERCIAL SERVICE FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY. C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. CONSENT AGENDA 1. City Council approval of the purchase of asphalt overlay from Atlantic Coast Asphalt Company with a piggy-backed unit pricing based on Clay County Agreement/Contract No. 12/13-80 _ Supply of Asphalt Products and Services. 2. Approval of and authorization for Mayor to execute the Operating Agreement between the Augusta Savage Arts & Community Center and the City of Green Cove Springs for the period retroactive from October 1,2012 through September 30, City Council approval of Amendment No.1 to Contract No , Water and Wastewater Chemicals, with The Dumont Company, Inc. for the period of April 15, 2013 through April 14, 2014 with the option to renew for three (3) successive one (1) year terms and authorization for the Mayor to sign the documents. 4. City Council approval of Amendment No. 2 to the Professional Services Agreement for Professional Tree Trimming and Removal Services with Taylor Tree Services, Inc. for the period of April 15, 2013 through April 14, 2014 as the second and final renewal term and authorization for the Mayor to sign the documents. 5. City Council approval of Amendment No. 2 to the Professional Services Agreement for Electrical Engineering Services with Fred Wilson & Associates, Inc. and Jones Edmunds & Associates, Inc. for the period retroactive to March 15, 2013 through March 14, 2014 with the option to renew for two (2) successive one (1) year terms and authorization for the Mayor to sign the documents. 6. City Council approval of Amendment No. 2 to the Professional Services Agreement for Water and Wastewater Engineering Services with GAl Consultants, Inc., Jones Edmunds & Associates, Inc., and Mittauer & Associates, Inc. for the period retroactive to March 15, 2013 through March 14, 2014 with the option to renew for two (2) successive one (1) year terms and authorization for the Mayor to sign the documents. 7. City Council approval of a revised Finance Director job description in Pay Grade and authorization for early recruitment in FY City Council approval of a new Assistant City Manager job description at Pay Grade City Council approval of a new Executive Assistant job description at Pay Grade in the City Manager Department, preparation of a budget adjustment for Council approval, and the elimination of the PHA Director and Section 8 Coordinator job descriptions from the Pay Plan and Table of Authorized Positions.

32 April 9, 2013 Regular Session Page 4 of 14 A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE CONSENT AGENDA ITEMS 1, 2, 3, 4, 5, 6, 7, 8, and 9 AS LISTED ABOVE. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. COUNCIL BUSINESS 1. Presentation of a request from the Orange Park Noon Rotary Club regarding holding a Major Special Event on July 4, 2013 at Reynolds Park. Judd City Manager Judd advised the City Council this item was withdrawn by the Orange Park Noon Rotary Club. 2. City Council acceptance of the Official Results of the 2013 Municipal Election and announce the Run-off Election to be held on Tuesday, April 16, 2013 for City Council Seat 3. Bentley Mr. Bentley reviewed the Official Results from the Municipal Election held on April 2, 2013 and announced a Run-Off Election for City Council Seat 3 would be held on Tuesday, April 16, Mayor Lewis commended Mr. Bentley and Ms. Clevinger for their hard work and doing a stellar job. She congratulated Mr. Braly and Mr. Royal for their victories. Mr. Bentley also thanked the Poll Workers for doing an outstanding job. A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO ACCEPT THE OFFICIAL RESULTS OF THE 2013 MUNICIPAL ELECTION AS FOLLOWS: RUN-OFF ELECTION TO BE HELD ON TUESDAY, APRIL 16, 2013 FOR CITY COUNCIL SEAT 3 BETWEEN FELECIA HAMPSHIRE AND ALAN M. STEVENSON, DECLARE VAN ROYAL WINNER OF CITY COUNCIL SEAT 4, AND D. RAY BRALY WINNER OF CITY COUNCIL SEAT 5, AND DULY ELECTED TO THREE (3) YEAR TERMS ON THE GREEN COVE SPRINGS CITY COUNCIL. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. 3. Policy Decision on Police Facility/Emergency Operations Center (EOC) Complex Capital Project and Review of Bids. Judd Ms. Judd reviewed the information provided in her Staff Report, the previous discussion, the video presentations on this item, and the list of qualified bidders. She presented the City Manager's recommendations as follows: Develop 1001 Idlewild Avenue Site Utilize 100% Construction Docs from 2010 to the extent feasible Acknowledge SJRWMD Permit expires October 26,2015 Acknowledge Geotechnical Report on file Acknowledge Site Plan approval from August 7, 2012 that expires on August 7, 2013, unless construction begins or extension sought Invest in the Future Retain perceived arbitrary elements Reduce Impact on New Construction Documents: Arch itect, civil, mechanical, electrical, plumbing, landscape architect Maintain architectural style for communications, as there is no cell tower on site Adopt Loan Ordinance while interest rates are low

33 April 9, 2013 Regular Session Page 5 of 14 She also shared with the Council that the proposed Loan Ordinance did not bind the City in any way but simply sets terms upon which she and the Finance Director could go out and start seeking some financing. She was very concerned about interest rates that continued to go up. She stated she was also very sensitive to the financial impact on the community and the City's CIP. She explained that her hands were tied to the extent that the Council had only allowed her to work with one (1) pledge source, Infrastructure Surtax. This prevented her from looking to other sources such as non-ad valorem. Surtax was about $630,000 per year. This funding source would expire on December 31, She recalled where the Council could accelerate some years by using 100% of the Surtax. She understood this would not be the most pleasing decision to make but reminded Council that we could not do it all. This would require Council to set priorities and if it meant that spending certain dollars on the Police Station, the City would have to refrain on other items. The Council policy options were as follows: 1. Accept bids as is, Category mph wind speed 2. Accept bids with value engineering - $500K, still at Category 5 3. Redesign to - building standard, Category 3, wind speed, retain 20,000 s.f. footprint 4. Redesign to - building standard, Category 3, revise s.f. footprint She noted Option 2 would require some design efforts and an estimated additional $25,000 expense for the architect to revise scope of work. Option 3 would consist of additional design fees of at least $44,000 and four (4) additional weeks that could reduce cost by half a million dollars. Option 4 was the major re-do of the project which would potentially yield as much as $1 million decline. Options 1 and 2 were the only options the Council would be able to work with using the bids submitted. Options 3 and 4 would require re-design and re-bid. Based on this information, her recommendation to the City Council was to declare Batson Cook as the lowest responsive bidder and further directing the City Manager to negotiate with that firm in an effort to further reduce the costs through value engineering and other techniques. These results could be reported back on April 23 fd. The Bids would go stale on April 24th. At that point, the Council would have to move forward or reject all of the bids. She also shared that if the City went with the re-design, she would anticipate the re-bids and process would take another approximate six (6) months. In addition, she explained the following proposed loan amounts would be needed: Accept Option 1 (as is at $5.597 million) - an estimated loan of $3.3 million ; Accept Option 2 (Value Engineering) - an estimated $2.8 million; or Accept Options 3 & 4 (Total Re-bid) - an estimated $2.8 million; however, the building would be at a lower level; although $1 million would be taken off the expense side, $400,000 would be removed from the revenue side and adding back in at least $115,000 for the architect. This concluded her background information. She noted she had spoken with Batson Cook but no negotiations had been started pending Council approval. Mayor Lewis called for speakers from the public who had completed blue cards. She reminded the public that they were limited to three (3) minutes and she would be very strict about this. Mayor Lewis recognized the following: Clara Freeman, 1000 St. Johns Avenue, Green Cove Springs, considered it was not in the best interest of the City as an incomplete Council to make an exit decision and place a financial burden on the new City Council and the taxpayers. She questioned how this huge debt would be paid.

34 April 9, 2013 Regular Session Page 6 of 14 She felt the $400,000 EOC grant was just a drop in the bucket to a $6 million debt. She understood it would look good on the "hired help's resume" and questioned the public perception that it looked good on resumes of the current and exiting Council Members. She reminded the Council that they presented themselves as candidates that promised to take care of the City and in their hiring and not allowing the hired help, that does not pay taxes in the City, to fund the budget and to put the City in bankruptcy and lose the City. She believed a different building may be needed but she cautioned the Council to not "throw the baby out with the bath water" to get it. She reiterated her question "How are we to pay the debt?" Mayor Lewis advised Ms. Freeman that the City was planning to use the Surtax money. Almost $2 million had been set aside and the property had been paid for. The Surtax was good for seven (7) years and she understood it would be paid for within, if not before the end of, the seven (7) years. Dale Garlinghouse, 103 S. Magnolia Avenue, Green Cove Springs, thanked his supporters during his recent campaign for City Council Seat 3. He agreed a new Police Station was needed; however, he asked the City Council to keep an open mind to other alternatives to building on Idlewild Avenue. He requested these decisions be passed on to the new Council Members. Van Royal, 3688 La Costa Court, Green Cove Springs, asked the Mayor to be lenient in the three (3) minute allowance. Mayor Lewis refused and Mr. Royal emphasized that the Chief would have to drag him out of the Chambers. He noted he had been a resident for over 25 years and had always supported the entire Police operation including all of his personnel. He had donated, supported, and defended our police officers at every turn and so had almost all of the citizens of Green Cove Springs. From 2007 until 201 1, when most businesses and households were cutting spending and losing jobs, and unemployment went from 4.5% to 10%, you actually increased police spending by 20%. When he referred to "we", he was not referring to the City Council, the County Government, or those that lived outside the city limits. The "We" he was referring to are the hard working citizens of Green Cove Springs who paid taxes, sales taxes, gas taxes, utility taxes, and a handful of more taxes. He had not heard one (1) complaint about the spending on the police department. Last week, it seemed the only option supported by our police was only one deal as designed and no compromise was brought up at all. The current proposal was asking 6,000 residents to pay for a police station that would house for 30,000 residents who mayor may not enjoy. He questioned how many companies were expanding their plant capacities at this time based on future orders for 20 years from now - particularly increases of five-fold. Population dynamics were educated guesses at best. He recounted the Town of Orange Park where the population was very close 50 years ago to the current population of approximately 7,000-8,000. Most people's perception was that it was 70,000 because the area all around Orange Park was never annexed and all the growth was in the County. He believed a substantial amount of the future growth would be in the development of Saratoga Springs and the Gustafson DRI, not in the City limits of Green Cove Springs. If Reynolds Park did become a residential hub of 10,000 people or larger, he thought they would be happy to donate 1 to 1-1/2 acres for a substation, much like an apartment complex gives an apartment to Officers so they can park their cars there to show a presence. If the council's argument was they could build anything and everything because rates were down and construction costs were low, then every business would be buying, building and expanding in hopes of filling the space at a later date. He assured the Council th is was not the case. The economic stimulus argument is valid if you are the State of Florida but only if companies within the State bid to do the work. In the City's case, outside of lunches purchased by construction workers, the City would see very little economic stimulus short or long term. The citizens of Green Cove Springs would pay for a project, and those living in the county, when the areas... Mayor Lewis asked Mr. Royal to stop, reminding him she was very specific and that everybody had the same chance. She asked him to respect that. Art Yeaman offered to fill out a blue card and yield his three (3) minutes to Mr. Royal. She refused. As a point of order, he stated he would fill it out anyway. Mr. Royal contended this was not the way the Council should do things.

35 April 9, 2013 Regular Session Page 7 of 14 At this point, Mayor Lewis recognized Susan Bonura. Council Member Braly questioned the City Attorney if anybody could yield their time to another if it was the Mayor's prerogative. Mr. Arnold stated the Council had accepted the rule of three (3) minutes but they could also change that rule. This was a Council decision which would require a vote. He did not recall that policy in an Ordinance. Council Member Hampshire also recalled in the past where the Council had bent the rules if the Council voted to do so. They had not always stuck to the three (3) minute rule. They could change the rules if the Council chose to do so. A MOTION WAS MADE BY COUNCIL MEMBER BRALY TO CHANGE THE RULES OR EXTEND TO 5 MINUTES. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. Council Member Hampshire stated she seconded the motion because, although she may not agree with everything that is being said, she did not want to stop someone's right to speak. Noting the policy had been somewhat liberal with the 3 minutes, Council Member Page advised it had not been an open-ended item and the Council had usually given the speaker 30 seconds to wrap up their thoughts. Mayor Lewis asked Mr. Royal if he could finish in 30 seconds. Mr. Arnold reminded the Council they had the absolute legal right to abide by whatever limit they set. Council Member Braly stated he would abide by whatever the Council agreed upon. Mayor Lewis stated her concern was that the Council had already limited previous comments to 3 minutes. She believed it would be perfectly fine if Mr. Royal could limit his final comments to an additional 30 seconds. Vice Mayor Timberlake stated he was disturbed by the characterization that it appeared the Council was infringing upon the public's right to speak for 3 minutes. He was not opposed that they give people an extra few seconds to wrap up. He noted it was the public's responsibility to organize their thoughts to be able to get their point across in the time allotted. Upon the advice of the City Attorney, Council Member Braly withdrew his motion. Council Member Hampshire withdrew her second. A MOTION WAS MADE BY COUNCIL MEMBER BRALY TO ALLOW A 30 SECOND WRAP UP. TIME. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS NONE. Mr. Arnold clarified that this motion was specific to the comments from Mr. Royal and that the Council would give the same rights to anyone who had already spoken. Mayor Lewis recognized Susan Bonura. Before moving forward, Ms. Judd also clarified that the Mayor should recognize Mr. Royal who should be given the opportunity to complete his comments in the 30 seconds just approved by the Council. She also suggested the Mayor determine if the two (2) previous speakers needed to be given an additional 30 seconds and then return to the next new speaker. Mayor Lewis agreed. It was noted that Mr. Royal could not complete his comments in 30 seconds. Mayor Lewis recognized Susan Bonura, 103 Park Street, Green Cove Springs, who also reminded the Council about the impending Outer Beltway and questioned who would be responsible for the patrolling of the area that was outside the City limits. She stated. she was in favor of the new Police Station; however, any future development would be located outside the City limits. The By Pass would take traffic away from the Core City area to the outskirts of the City limits.

36 April 9, 2013 Regular Session Page 8 of 14 Ms. Judd stated a portion of the proposed area for the By-Pass would run through Reynolds Park property. The City's long-term plans for annexation would go to points south, east to the Shands Bridge, north to Black Creek and west beyond C.R. 315 near the Fairgrounds. Mayor Lewis also noted the GCSPD reciprocated with the CCSO when assistance was needed. Karen Kenney, 701 Cove Street, Green Cove Springs, expressed her displeasure at the elections process and her perception that people were afraid to vote. She further indicated her objections to a new Police Station that she believed the City could not afford. In addition, she believed the City may not be able to even afford the Police Department in the future if the economy remained in its current condition. Bob Lewis, 203 North Street, believed it was time for the City Council to vote on the Police Station when the rates were so low. He considered it was speculation that the amount of the annual Surtax dollars was based on the City not annexing any additional property. It was always possible that the amount could increase each year. As a citizen of Green Cove Springs, he wanted a Police Department that had the facilities and ability, and trust of the population to get the job done. Art Yeaman, 151 West Street, Green Cove Springs, stated he was in support of Mr. Braly's comments regarding the Police Station. He compared the current civics books being used in school that he believed had omitted pieces of history to those elements in the new Police Station not being forthright. He further stated he wanted it in the public record that he would have preferred to have been allowed to yield his time to Mr. Royal. Joe Sobotta, 212 North Street, Green Cove Springs, spoke in favor of the new Police Station. He recalled how the previous administrations had failed to follow through with the project and millions of dollars had been lost. He believed that the area would continue to grow and need more officers. It was incumbent upon the Council and citizens to be responsible in building the right size Police Station that would be beneficial to the City. Nancy Forehand, 211 Center Street, Green Cove Springs, noted that while knocking on doors during the election, she had found two (2) groups of citizens: one who wanted the Police Department transferred to the CCSO and one who wanted the City to build the Police Station but disagreed with the cost and size. She did not believe the projections for 30 years and felt the By Pass would be a detriment to the City's economy. She respected the Pol ice Officers but questioned the number of Officers that actually lived in the City and paid taxes including the Police Chief. In speaking to residents, she felt they wanted a nice but reasonable Police Station but believed the proposed plans were more than what was actually needed for the City's size. The residents were tired of it and did not want the Council to borrow $3 million and put the City in debt. She reminded the Council that when she had voted to put them in office, they had stated they would be fiscally responsible. Amy Dunn, 107 N. Pine Avenue, Green Cove Springs, concurred with the proposed plans for the new Police Station. She also believed that the cost savings would be diminished if the hurricane rating were reduced. Pat Garlinghouse, 103 S. Magnolia Aven ue, Green Cove Springs, recalled many developments over the years that had never come to fruition. She had found on the internet where the Lakeland, FL police station had been constructed for $2 million. She urged the Council to stay within their financial limits and needs versus wants. She believed the City was in over its head with a $5 million project and that the Council should be more responsible with the taxpayers' money. Ms. Judd clarified for the Council that the City had already sunk $1.4 million into the project for land acquisition and architectural fees. The Council made the following comments:

37 April 9, 2013 Regular Session Page 9 of 14 Council Member Braly: Including land, architect fees, contingencies the cost was more than $7.9 million; He had looked at project and believed the citizens were concerned it was too expensive; must be affordable; The City did not need a Taj Mahal Pol ice Station; potential bankruptcy; needed to address "needs vs. wants" and compromise; Disappointed in the City Manager's points; Compared scenario to a new homeowner getting a pre-approved mortgage; He had spoken with the Architect; the former City Manager and Police Chief were responsible for design; It was never required to be rated for a Category 5 Hurricane; the Sheriff had questioned this also; Believed that 20 years from now that the City would be paying for cleaning, heating and cooling, insurance on a 75-80% empty building; Bids came in $1.09 million higher; As a CPA, he strongly believed that he must do the best for all within the City; If the Surtax is not renewed, then the City would have to obtain bonds for the balance which would require approval by public vote; he did not believe the City would get a majority vote for this and hoped it would not put the City into bankruptcy; The City had already lost two (2) grants; his friend, Fred Hilliard, from the City of Fort Meade had suggested a bond issue now; He also agreed he wanted the Police Department to have a new Station but believed it could be better financially achieved with a smaller building, lowering the hurricane category rating, and removing some of the frills; Reviewed City of Alachua's design; have to make some serious cuts such as to a 9,000-10,000 square feet building; need to be reasonable; There are other CI P needs; none will be completed for next six (6) years. Ms. Judd asked to clarify a few things: $255,000 was a pledge amount set from the previous Council; $630,000 is received on an annual basis; There are other financing options but that the direction from the Council had been to use one funding source and one funding source alone which severely handicaps whomever sat in her chair; With her background in finance, she was very cognizant of the balloon payment issue; Could still maintain a category 5 rating with a different size; She had given the Council the options; it was her job to tell the Council what the pluses and minuses were for each of the options and she believed she had done that; This project had been brought before the Council 11 previous times; and The Council needed to make a decision or forget it and start from scratch. Council Member Braly commented: He had only been on the Council for two and half months and was not saying he had all of the answers; The various backgrounds of the Council Members will result in different questions being asked by them; His questions were very specific and are of a financial nature; He stated that the City needed to find a way to pay for the cost of the new Police Station;

38 April 9, 2013 Regular Session Page 10 of 14 Council Member Page: The size of the facility had received a lot of talk; this had not been an overnight process; A variety of police stations had been reviewed; it was a collaborative process with various professionals and consolidated ideas to represent what was being proposed; The building of Police Station would attract business and development; The City had a 2 mil reduction in taxes in 2009; the County provided $800,000 through an Interlocal Agreement which had been put into the CIP; the Legislature had not allowed the City to increase the millage to recap those funds; City receives $630,000 Surtax annual and with 6 to 7 years left, the City may have more than $3 million to be able to pay for the borrowing that is needed for Police Station; Most important project is to build a new Police Station; Look a value engineering; Vote to allow the City Manager and Staff work with the architect and engineer and to do what was needed; Professionals had previously advised that the City needed to build it to a Category 5; he believed the City needed its own EOC; County EOC will take care of County emergencies; Encouraged Council to exercise the City Manager's options and declare the low bidder, negotiate with them and bring back on April 23. Council Member Braly commented: He shared with the Council about his visit to the City of Alachua's Police Department who had built their facility for 5,000 s.f.; He was not suggesting 5,000 s.f. for the City, suggesting that it be as large as it can be as long as you fit a need 9,000 or 10,000 s.f.; He asked about how much space currently existed at the Police Station, his first thought was 2,000 s.f. or it may be 2,500 or 2,600 s.f. on the first floor and the new station is proposed to be 4 times that size and the City has to pay for it; Concerned that there are other Capital Projects that need to be accomplished too and they will not be done for six years and this does not make sense to him; Council Member Page commented: The fact the present site has 2,500 s.f. has no material bearing on the issue as it is not enough and using that logic, we should 3,500 or whatever the value is; The issue is the City made a decision of where we thought we were going as a City and trying to build to that issue; Comparing the new station to an inadequate facility just has no bearing on the case; The City needs to build the facility for what the City needs to accomplish; Council Member Hampshire: Both sides make sense; there needs to be compromise; Had always been in support of the Police Station; This project has been debated for six (6) years; Disappointed about the bid amounts; City Council has tried to be fiscally conservative; Has spoken to many citizens who did not want the Police Station built at this price; Reminded that everyone should visit and personally see the condition of the current Police Station; Police protection is No.1 priority according to the citizens she had spoken with; Treat employees in a fair manner and they will work better for us; commended the Officers for all that they do;

39 April 9, 2013 Regular Session Page 11 of 14 Acknowledged the comments and was happy that Council Member Braly had expressed his views; Acknowledged that a compromise could be reached without putting the City into debt; Was grateful to the Police Department that the citizens could now walk around the City without fear as had been so prevalent in the 1980s; Acknowledged reasons not to build it in current location; Wait for all information to be made available before making any decisions; and Acknowledged most people wanted a new Police Station but not at the proposed costs. Vice Mayor Timberlake: Was bothered by comments that the City was not being responsible but recalled the reductions made and how the City continued to provide a high quality of services; He believed this was dogmatic; Compared to Atlantic Beach's situation where they built too small just a few years ago and now needed more space; He felt things were moving forward but did not know when that would happen ; Recommended moving forward with the motion as proposed by Staff, looking at Option No. 2 and value engineering, and allow the Staff and City Manager to come back at the next meeting with a documented proposal so the City Council could move forward ; He reminded the Council and audience that at least two (2),if not three (3), Councils that had dealt with this issue and that the City was 20 years into what was supposed to be a temporary facility because progress had not been made; Concurred with Council Member Page; build to a Category 5, not 4. Mayor Lewis: Acknowledged and advised that the Council does listen to the comments from the public; Believed every Council Member had worked the numbers every way possible; No. 1 function of Government was safety; Officers do a great job putting their lives on the line; Considered the City Council to be very conservative and to maintain the high level of service that the public expected; Believed the City Manager was struggling with what she had been handed down by the previous administration; Staff works endlessly on these projects; Everyone must realize that the City Council was being conscientious; and Concurred with following City Manager's recommendation. A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO DECLARE BATSON-COOK AS THE LOWEST RESPONSIVE BIDDER AND TO DIRECT THE CITY MANAGER TO NEGOTIATE WITH THAT FIRM AND REPORT THE RESULTS TO THE CITY COUNCIL ON APRIL 23 FOR FINAL ACTION. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - D. RAY BRALY. 4. First Reading as to form only of Ordinance No , an Ordinance approving the borrowing of up to $3,100, to fund a portion of the construction cost for the new Police Stationl Emergency Operations Center. Arnold Mr. Arnold read the title of Ordinance No into the record as follows: AN ORDINANCE OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, AUTHORIZING THE BORROWING OF UP TO THREE MILLION ONE HUNDRED THOUSAND DOLLARS

40 April 9, 2013 Regular Session Page 12 of 14 ($3,100,000.00) TO FUND A PORTION OF THE CONSTRUCTION COST FOR THE NEW GREEN COVE SPRINGS POLICE STATION / EMERGENCY OPERATIONS CENTER; DECLARING A PUBLIC PURPOSE FOR SUCH LOAN; PROVIDING AUTHORIZING FOR A RESOLUTION TO APPROVE THE SPECIFIC TERMS AND CONDITIONS OF THE LOAN; PROVIDING FOR REPEALER, SEVERABILITY AND SETTING AN EFFECTIVE DATE. Ms. Judd advised the Council this Ordinance did not bind the City in any way. It only allowed Staff to talk with lending institutions regarding financing options and set an outer limit. The 2 nd Reading would be on April 23 at which time the numbers could be fine tuned at the Council's discretion. A Resolution would be brought back for Council approval that would bind the City with the terms and the repayment. Mr. Arnold also added that the Charter required the passage of an Ordinance before borrowing any money. It did not set the specific terms or require that the City borrow any money. Mayor Lewis conveyed her support stating it was the City's number 1 priority. It did not mean the City could not change its mind. Council Member Hampshire conveyed her support but also noted if it was not affordable, it would not be done. The City needed to come to some compromise to move forward. Council Member Braly objected to the cost stating again how it would cost an exorbitant amount of money. He understood that the square footage had to be maintained at 16,000 or it could not be reduced. Council Member Hampshire and Mayor Lewis did not agree stating that nothing was "off the table". Ms. Judd started to express her frustration but declined to comment any further. Council Member Page felt this issue had been beaten to death. He suggested looking at the value engineering method to reduce costs. This public safety issues far outweighed other projects, which may have to "slide down the road." He would much rather spend Capital Improvement money for the Police Department and close the pool until the City could get to a point where it could afford to do that. He concurred that public safety was a number 1 priority. Ms. Judd asked the Mayor who agreed that the City Manager was free to look at sources other than Surtax. A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO APPROVE ORDINANCE NO ON FIRST READING AS TO FORM ONLY. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - D. RAY BRALY. 5. City Manager and City Attorney Reports and/or Correspondence. City Manager Judd's announcements: Working on RiverFest; making some progress; a proposal to Florida Blue for funding of the fireworks; A Staff Report would be presented at the April 23 or May 7 Council Meeting; and Acknowledged Council Member Page's request for the "QR" code to be placed on the backs of City business cards but noted they would not be printed on the same card stock. City Attorney Arnold's announcements: Tillinghast Condemnation suit was 99% done; Expressed his appreciation for the Proclamation for the '69 Citadel Golf Dawgs; He has invited new Clay County Circuit Court Judge Mark Borello to perform the Installation ceremony for the new Council Members at the May yth meeting; and Invited the City Council and City Manager to the Annual Law Day Luncheon on May 14th at 12:00 noon at the Orange Park Country Club.

41 April 9, 2013 Regular Session Page130f14 6. City Council Reports and/or Correspondence. Council Member Braly's comments: Referred to the City of Fort Meade's purchase of a 1 megawatt generator for $300,000 that saved money; Mr. Herrington was instrumental in doing this, which had saved $800,000 on the peak load in the first year. The City Manager advised she was already working on this. Council Member Hampshire's comments: Expressed her emotions regarding decisions that had to be made; even though they may be tough and unpopular, she always would do what she believed was right for the City. Council Member Page's comments: Reviewed his monthly report on FMPA; Emergency Action Request: The Crystal River Nuclear Power Plant had been retired because it needed repairs that were not cost effective to make; Four (4) ARP Members (Bushnell, KUA, Leesburg, and Ocala) had various degrees of capacity out of this plant; these members get billed directly from Progress; their capacity and energy issues that the organization should pay capacity credits back because the ARP members were not having to provide that capacity; this amounted to about $500,000 per month in credit that goes to the four (4) cities that have the outside resource; with the retirement of the Plant, the capacity credits would need to go away; a final option would be made at the next FMPA meeting; effective March 1, there would no longer be any capacity payments to these cities; Progress has settled and agreed to provide a certain amount of energy to these cities; this agreement would expire on December 31, 2013; the energy to be sent through Progress settlement does look like capacity; the 3 rd Option would be to pay capacity as long as they received energy from Progress or until approximately September; the 4th Option would allow the cities to continue to get energy whenever there was a coincident peak; he felt this was hybrid version of Option #3; His personal opinion was that money was being lost in the process spending double the amount that was paid out in capacity credit by FMPA back to the cities; recommended the City support Option #3 and requested direction from the Council on how to vote at the next FMPA meeting. A MOTION WAS MADE ON AN EMERGENCY BASIS BY COUNCIL MEMBER PAGE TO SUPPORT OPTION 3 TO PROVIDE CAPACITY CREDITS UNTIL THE ENERGY IS CONSUMED. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. Thanked the candidates for the prompt removal of their campaign signs; and Reminded about the Holocaust Exhibit at Florida State College in Jacksonville. Vice Mayor Timberlake's comments: Commended Lee Bentley, Julie Clevinger, and Margie Robertson for their level of excellence displayed in handling Election and the Absentee Ballots; Very fortunate to have City Staff able to work in concert with the Clay County Supervisor of Elections office; dismayed at some candidates playing one part of the City against the other; should work together; and Thanked the Public Works Staff for their excellence in their services and efforts to make things run smoothly for the citizens.

42 April 9, 2013 Regular Session Page 14 of 14 Mayor Lewis' comments: Thanked Lee Bentley, Julie Clevinger and Margie Robertson for their hard work on the election; Thanked Sue Heath, Danielle Judd, and Chief Musco for their efforts working on the Police Station issue; Acknowledged the many Departments that consisted of just one (1) employee and commended them for the amount of hours and work put in by the City Staff; asked the public to thank the City employees who put in so many extra hours above and beyond what she believed other government workers did; Explained how beneficial the Holocaust "Courage to Remember" Exhibit was to the community and asked that everyone remember all of the people that were affected; acknowledged Janis Fleet who was attending this evening to present a Certificate of Recognition on behalf of the City; and Commended Mr. Bentley and the installation of the new NV system. 7. Adjournment. There being no further business to come before the City Council, the meeting was adjourned at 9:41 p.m. CITY OF GREEN COVE SPRINGS, FLORIDA Pamela J. Lewis, Mayor Attest: F. Lee Bentley, City Clerk

43 MINUTES OF THE APRIL 23, 2013 REGULAR SESSION GREEN COVE SPRINGS CITY COUNCIL Call to Order The regular session of the Green Cove Springs City Council was called to order Tuesday, April 23, 2013, at 7:00 p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida. Invocation and Pledge of Allegiance to the Flag The invocation was performed by Mayor Lewis followed by the Pledge of Allegiance to the Flag of the United States of America. Roll Call COUNCIL MEMBERS PRESENT: D. Ray Braly C. Felecia Hampshire Robert C. Page Roy M. Timberlake, Jr., Vice Mayor Pamela J. Lewis, Mayor STAFF MEMBERS PRESENT: L. J. Arnold, III, City Attorney Lee Bentley, City Clerk Janis Fleet, Development Services Director Sue Heath, Asst. City Manager/Finance Director Danielle J. Judd, City Manager Robert Musco, Chief of Police & Interim Electric Utility Director Mike Null, Public Works Director AWARDS AND RECOGNITION Proclamation - National Public Safety Telecommunications Week - April 14-20, 2013 A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE THE PROCLAMATION DECLARING APRIL 14-20, 2013 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. Mayor Lewis read the Proclamation (see attachment marked Exhibit "A") and presented it to the Green Cove Springs Police Department Dispatchers. Mayor to call on members of the audience wishing to address the Council on matters not on the Agenda. Mayor Lewis made a statement about City Council Procedures and being respectful of each person's opportunity to speak. Mr. Arnold stated that three (3) minutes presentations were allowed on any particular item. However, the Council had the right to extend or relax that rule. He noted adherence was the appropriate way to handle the issue. At the last meeting, a speaker was trying to make a point of order under Roberts Rules. The Roberts Rules of Order only apply to Council Members. To his knowledge, yielding time from one speaker to another had not been previously done and there was no rule that allowed that at this time. Mayor Lewis recognized Council Member Elect Royal, 3688 La Costa Court, Green Cove Springs. Mr. Royal acknowledged the three (3) minute time limit when a member of the audience wished to speak on an item on the Agenda. However, he had not asked for a favor and felt he had been treated unfairly. He reminded the Council that the Sunshine Law prevented him from speaking to the Council individually or collectively about the issue. He also noted there was not a three (3) minute stipulation when the Council

44 April 23, 2013 Regular Session Page 2 of 14 called upon someone with knowledge of an issue to speak. As a Council Member Elect, he believed it was an opportunity the Council had not afforded him. As Mayor Lewis recalled, it was after the "favor" was the beginning statement and this was the reason she had it addressed that way. PUBLIC HEARINGS 1. Second and Final Reading of Ordinance No , an Ordinance approving the borrowing of up to $3,100, to fund a portion of the construction cost for the new Police Stationl Emergency Operations Center. Ms. Judd advised the Mayor that she should not open the Public Hearing but announce that it would be addressed upon conclusion of Action Item NO.4. Mr. Arnold concurred that the Public Hearing could be moved down on the Agenda. A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO MOVE THE PUBLIC HEARING FOLLOWING COUNCIL BUSINESS ITEM NO.4. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. CONSENT AGENDA 1. City Council approval of the renewal of the Traffic Signal Maintenance Agreement, Contract No. AM581, between FOOT and the City of Green Cove Springs effective 07/01/13 through 06/30/14 in the amount of $15, City Council approval of Resolution No. R , a Resolution authorizing the renewal of the Agreement for Maintenance, Contract No. BDU21, between FOOT and the City of Green Cove Springs effective July 14, 2013 through July 13, 2014 in the amount of $37, City Council approval of the After Action Report for the 2013 Railroad and History Day Festival. 4. City Council approval of the modification to the Red Light Camera Agreement with American Traffic Solutions (ATS) to reduce the monthly per camera charge from $4, to $4, City Council approval of the Agreement for the Delivery of Reuse between Magnolia Point Investments, LLC, Magnolia Point Community Association, Inc., and the City of Green Cove Springs and authorization for the Mayor to execute said Agreement. A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE CONSENT AGENDA ITEMS 1, 2, 3, 4, AND 5 AS LISTED ABOVE. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. COUNCIL BUSINESS 1. Presentation and approval of the Annual Audit for the FY ending September 30, Heath Ms. Heath introduced Ron Whitesides, Partner with Purvis Gray and Company, and Barbara Boyd, Audit Manager. Mr. Whitesides advised the Council that the annual audit went very well. This was their 2 nd year of service under a five (5) contract. There was one (1) internal control recommendation this year. The recommendations from last year had been corrected. One of the objectives in the audit was to make sure the City was complying with laws and regulations. He

45 April 23, 2013 Regular Session Page 3 of 14 referred the Council to pages 1 and 2 for the Auditors unqualified and clean opinion, which was the highest form of assurance they could render in an audit. The following points were made: Total revenues stated the total was compared to the prior year; there was a decline between the previous year mainly in grant revenues; The City Manager expressed concerns about City obligations and how to pay for the things that needed to be done under the FCT Plan; the City did not have the resources and she believed some entity would be needed to oversee; The Auditors believed the City was in pretty good financial condition but believed the City, being a Florida coastal community, should have at least three (3) months in operating reserves; The Internal control comment related to the journal entry and adjustment process; he suggested another level of control be instituted; the Finance Director would start reviewing all entries. The trend showed a number of years of decline in electric sales that had not provided a good flow at this time; Each drop in revenue reduced overall the gross margin after the City paid for the power; Profitability of the system has been significantly reduced; The City would need to look at whether the volume will come back, there would be other revenue sources, or review increase in electric rates; Can use some reserves but must address this issue at some point; The Auditor advised the City could afford to borrow the balance for the new Police Station; and City must be extremely cautious about any endeavors and taking on projects as required within the FCT grant. A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO ACCEPT THE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30,3012. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. Council Member Braly complimented Ms. Heath on a good job. Mayor Lewis also acknowledged the efforts of the City Staff for their hard work. 2. City Council acknowledgement of the Official Results of the April 16, 2013 Municipal Run Off Election. Bentley Mr. Bentley presented and reviewed the Official Results of the April 16, 2013 Municipal Run-off Election. The analysis of the April 2nd and April 16th Municipal Election Results are as follows: Election Results Ballots Cast in Precinct Absentee Ballots Provisional Ballots Total Ballots Tabulated % of Voter Turnout April 2, 2016 Totals % April 16, 2013 Totals o % Council Member Page complimented Mr. Bentley and his Staff for a job well done. He believed the turnout was representative of the General Election and thanked the citizens for their awareness of the Run-off Election.

46 April 23, 2013 Regular Session Page 4 of 14 A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO ACCEPT THE OFFICIAL RESULTS OF THE APRIL 16, 2013 MUNICIPAL RUN OFF ELECTION AS PRESENTED DECLARING C. FELECIA HAMPSHIRE WINNER FOR CITY COUNCIL SEAT 3 FOR A THIRD THREE (3) YEAR TERM OF OFFICE ON THE GREEN COVE SPRINGS CITY COUNCIL COMMENCING ON TUESDAY, MAY 7, 2013 THROUGH TUESDAY, MAY 3, THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. 3. Discussion regarding Bid No , Sale of City-owned Real Property S. Orange Avenue. Heath / Judd Ms. Judd reviewed this item and acknowledged the only offer received was for $141,000. Council Member Hampshire had contacted the Property Appraisers office and been told that the assessed value for 2012 was $70,000. She believed it was a good deal for the City. Vice Mayor Timberlake questioned the cost for the City to hold the property. Ms. Judd advised it was taxexempt property. It was used for parking during festivals and had been previously rented by the City and used as a sales trailer office for the Magnolia Cove Development project. A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO ACCEPT THE SOLE BID OF $141,000 FOR THE SALE OF THE REAL PROPERTY LOCATED AT 310 S. ORANGE AVENUE. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, AND MAYOR PAMELA J. LEWIS. NAYS - ROY M. TIMBERLAKE, JR. 4. Policy Decision on Police Facility/Emergency Operations Center (EOC) Complex Capital Project and Acceptance/Rejection of Lowest Responsive Bid from Batson-Cook. Judd / Musco Mayor Lewis asked Chief Musco to clarify some comments made earlier in a newspaper about the Lakeland Police Department. Chief Musco had received assurance from the Lakeland Police Department that the article was incorrect about the size and cost of the Police Station and provided information received from the Police Department. He further explained that Lakeland's Police Station was constructed based on the size and population. There were 252 sworn Officers and 130 civilian support employees. The Police Station building was a 3-5 story 200,000 square foot building. They had recently built a 6,000 square foot metal building for a training facility. Mayor Lewis recognized Ms. Judd for presentation of this item. Ms. Judd provided an overview as stated in her Staff Report noting she had taken into account a lot of comments from previous meetings. She stated for the record that her recommendation was what she believed was in the best interest for the entire City. She did not engage in politics, nor had she, nor would she. Since the Council's selection of Option #2, she had done a lot of investigation of the issues and met with each of the Council Members. However, some questions remained unanswered. A few of the issues to be discussed included: What was the difference between a Category 3 and Category 5 Hurricane Rating construction-wise? What would the building code require for a building to be constructed in our area? She understood it to be at least a Category 2 or miles per hour. Respond to a local editorial previously addressed by Chief Musco.

47 April 23, 2013 Regular Session Page 5 of 14 Look at different ways and means to reduce construction costs which was included in the Staff Report back-up documentation. A schedule of the Surtax was provided to Council. A breakdown of the square footage costs was provided to Council and would be addressed by the contractor. What factors were driving the costs? The range of the initial estimates in the Staff Reports previously prepared last year showing $180-$210 per square foot. Ms. Judd advised the following changes had been made to the plans: Reduced from a total of 20,000 to just under 14,000 square feet which was achieved through value engineering or a reduction of almost 50%; Planned uses and design elements were addressed; Still a Category 5 building; Based on a population of 18,000 versus the original planned 30,000; Went from a low bid of $5.597 to $3.862 million or a reduction of $1.7 million or approximately 45%; Translated to an estimated project budget of $6.4 to $4.6 million or a reduction of $1.8 million or a 39% decrease; Additional architectural fees would be required; The current site is about 3,900 square feet under roof; there was also about 2,400 square feet that was found within outside the facilities and offsite storage (Old Fire Station); this was not adequately sized nor was the current facility intended for that use; She had looked at the current number of employees (37) multiplied by the number of square feet (213) per employee equaled 7,881 square feet; this showed that the current facility was under-sized; The funding sources were still being contemplated: forfeiture, Surtax, $400K grant, E-911 funds, and reserves. The NTE Loan had been reduced from $3.1 to $2.4 million. She noted the estimate in a Staff Report dated 12/07/10 from the previous City Manager showed an estimate of $4.5 million with a loan of $2.2 million; An Agreement with the architect signed by the City in 2009 contemplated a $5.1 million project of which architect fees would be assessed according to the industry standard or about 6%; The NTE amount of the loan going from $3.1 to $2.4 million represented a reduction of about $700,000 or 29%; the change would be made when the Ordinance was addressed under the Public Hearing; The pledge was still Surtax; the debt service could be as high as $3.5 million but she felt the.final numbers would result in a lower amount; The original plans and the revised plans were displayed and made available for the Council and the public; Reminded the Council that the motion was very detailed and set forth certain actions; She read the motion as stated in the Staff Report. Mayor Lewis recognized the following citizens who had completed Blue Cards and wished to speak to this item. A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO EXTEND THE 3:00 MINUTE TIME LIMIT TO 3:30 MINUTES. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

48 April 23, 2013 Regular Session Page 6 of 14 The Clerk was asked to set the timer to 3:00 minutes so that when the beeper went off they would know they had an additional 30 seconds to wrap up their comments. Pete Geiger, Clay Today, 4119 Studio Road, Penney Farms, acknowledged the recent "editorial" about the Lakeland Police Station but clarified that it was a "Letter to the Editor" and explained the difference between an editorial versus letter to the editor. Bob Lewis, 203 North Street, Green Cove Springs, thanked City Staff and Ms. Judd for the efforts they had made. He acknowledged there were constraints, restrictions, and rules to be followed but also noted that less cost was best. He was against placing the Police Department down by the river. Foster Forehand, 211 Center Street, Green Cove Springs, reminded the Council that he believed the cost estimate was too much from Surtax. Cutting back was good but he did not feel it had gone far enough. He felt the loan amount was too much and the cost was still too high. He questioned if the furniture was included. It should be less costly to reduce the requirements from a Category 5 to a Category 3 Hurricane Rating. He concurred that the City was heading in the right direction but thought costs still needed to be reduced. He agreed with the new Police Station but just wanted the costs to be affordable to the citizens and other capital projects. Mayor Lewis confirmed that the "FF&E" and "Communications" were included in the figures. Scott Hudson, Batson-Cook, General Contractor, 8860 Philips Highway, Jacksonville, addressed the difference between a Category 3 and Category 5 Hurricane Rating including estimated deductions for: ~ tilt wall construction ($11,000); ~ light weight insulated concrete on top of the metal panel roofs ($100,000); ~ roll down shutters ($50,000); and ~ impact rated windows ($12,000). This did not change anything structurally and not a lot of money was involved. To make it a Category 3 versus Category 5 would require having to start over with the building. Council Member Braly commented on the reduced numbers for the total square footage of the building. Chief Musco advised the 1,940 square foot EOC room would be activated and used during an emergency or a City event. It would work as a Community Meeting/Training room for Neighborhood Watch groups, Camp Cadet, Community Associations, etc. When Federal monies became available, this room was upgraded to an EOC when it was determined that City Hall was only built to 110 mph. The past use of the Public Works Compound during emergency events was in even worse condition. According to FBI standards, he was not supposed to allow the public past a certain point in the facility. Therefore, the EOC was designed for separate access for the public with a small kitchenette, public restrooms, and storage room. In addition, the communications antenna system had been built into the original tower. This equipment (a whip antenna) would now be seen 6-8 feet above the revised facade. Homeland Security rules stipulated many requirements that would incur additional costs. Sara Spurrier, 1672 Pebble Beach Blvd., Green Cove Springs, thanked Council Member Page for his service on the City Council. He noted he had been a member of the Green Cove Coalition and explained the goals of the organization for the betterment of the community. She thanked the Council for their efforts to provide for the citizens and encouraged each of them to approve the Police Department and to start as soon as possible. John Whiteman, 723 N. Magnolia Avenue, Green Cove Springs, concurred that a new Police Station was needed but was concerned that it was still too big and there was too much fat in the building, i.e., too many restrooms, too many lockers in the locker rooms,

49 April 23, 2013 Regular Session Page 7 of 14 and the evidence room was too large. There were also no floor dimensions or reference to ceiling height. Mr. Koppenhafer explained the ceiling height would be 9-10 feet. Mr. Whiteman also questioned what would be done with the old Police Station. > Mayor Lewis and Ms. Judd explained that City Charter prohibited the property from being sold; it could be renovated and leased to generate additional revenue; > Chief Musco explained the reasons for the number and placement of the restrooms and the number of lockers that would only be accessible to the Officers and authorized personnel; In reference to cost cutting measures, Ms. Judd noted that there were very minimal savings from cutting unisex bathrooms and each bathroom still had to meet ADA requirements. Urinals were healthier than toilets for the men's restrooms and would help keep overall costs down in the locker room area. Chief Musco noted the restrooms were configured according to Homeland Security requirements. In reference to the size of the Evidence Room, Chief Musco advised the City was in the process of becoming accredited. The City of Green Cove Springs Police Department was the only department in the Tri-County area that was not accredited. He reviewed the requirements of separation of evidence and guns and how evidence must be held for the entire term of sentencing. He believed evidence rooms could never be built big enough to accommodate the Court's requirements including the maintaining of schedules for disposition and the burning of drug evidence. Mike Kelter, 630 Myrtle Avenue, Green Cove Springs, supported the project but was frustrated with it and not enthused by the bidding process. Any reduction in size and costs were good but he objected to the downsizing. Ms. Judd noted that she was not recommending that #13 and #14 be deleted. In addition, Direct Purchasing was allowed by the City's Purchasing Policy. Bonnie Cavin, 400 Kirk Street, Green Cove Springs, commended everyone for working on this project. She had volunteered at the Police Department since 2009 and would like to see the original size of the building restored. She noted that until someone had been in their shoes and those situations, it was hard to understand what they were. Gabriel Jackson, 211 Ferris Street, Green Cove Springs, shared scripture with the Council Members and candidates and believed more trees should be planted in Spring Park. Dale Garlinghouse, 103 S. Magnolia Avenue, Green Cove Springs, had researched the Lakeland Police Station and believed the costs were too much for a tilt wall versus concrete block construction. Ms. Judd had asked and the contractor reviewed a cost comparison for a tilt wall versus concrete block construction. The contractor for the Lakeland Police Station, Reid Construction, had a series of about Police Stations, but there were no details on costs. Direct purchasing also affected the costs. It had been difficult to pull information from the internet and get accurate and an exact comparison of prices. It was a very wide range in prices. Council Member Elect Van Royal, 3688 La Costa Court, Green Cove Springs, expressed his concern regarding time constraints but believed that City Staff had done a good job re-evaluating the size of the facility. He questioned the difference between the original $210 to $278 per square footage costs. There were very little details.

50 April 23, 2013 Regular Session Page 8 of 14 Mike Koppenhafer, Fisher-Koppenhafer, 9401 Cypress Green Drive, Jacksonvillle, explained that two (2) contractors had looked at this project in Elkins Construction who had built the Clay County Courthouse came in at $252 per square foot. This added an 8% difference from the original $276 per square foot figure. Hawkins Construction who had built the Clay County EOC had come in at $210 per square foot. Also factored in were the elements for economy labor costs which were down. He explained that the $278 figure included building, sitework and demolition or $5.6 million divided by 20,000 square feet. Mr. Koppenhafer also noted that costs for construction materials had risen in the past two (2) years which may explain the difference in the per square foot cost. Scott Hudson recounted that many items had been deleted, although the size of some rooms had been reduced from the original plans, this did not reduce the costs that dramatically because you still had the materials, i.e. ceiling tiles, carpet, doors, etc. If the sizes were reduced any further, it would influence any future expansion of the building. Nancy Forehand, 211 Center Street, questioned what would be done for the other Capital Projects if the Surtax money were spent. She was particularly concerned, among other things, about the two (2) year window recently brought before the Council regarding the rapidly deteriorating condition of the Old City Hall building. Mayor Lewis stated all of the Surtax monies would not be spent. She believed that like any other organization, the City Council would look at the list of projects and decide what would be the most important project. In reply to Ms. Forehand's question concerning a comment made by Ms. Judd at a recent meeting that all Capital Improvement Projects (CIP) would be put on hold, Ms. Judd substantiated that the City normally received approximately $630,000 per year. This year, the City had balance forward of about $1.4 million. Expenditures in the current year reduced that to about $1.3 million. She also noted the current CIP projects in the current year. The big ticket items were resurfacing and sidewalks. She admitted that she had asked City Staff to hold off on all CIP projects pending the final decision by the Council. She believed it would be very difficult even if she were to go back to October 1 to spend that kind of money in the space of a one (1) year timeframe on that level of resurfacing and sidewalks. The other major ticket item was Park Improvements. This included $50,000 for Pier Improvements and drainage issues at Spring Park and dugouts at Vera Francis Hall Park. The biggest ticket item was $225,000 for Old City Hall. The City had engaged a structural engineer who had given a price estimate of $6,000-$7,000 that would hold the structure for this season and next but no more. She also shared that the Structural Engineering Report recommended the City needed to decide what to do with that space. She admitted that at the end of the day, the City would not be able to do it all and decisions and priorities would have to be set. Other items included streetscaping and landscaping and re-shingling the Classroom Building at the ASA&CC. She maintained that it was not typical that a City would spend 100% of what was put in the first year of the CIP. The CIP was simply a plan; some projects may take longer than others and others may have to wait another year until there was funding. She noted that the Auditor had indicated earlier in the meeting that it would be acceptable for the City to do a debt service from Surtax and would not jeopardize the City. In reference to the issue of the declining electric sales, Ms. Judd recounted that since she had been here, she took credit for the rolling down of the transfer amount from the Electric System to the General Fund. The current transfer in the current budget year was $900,000 and she would not recommend the Council go above that amount. She also believed this would have to be re-evaluated during the upcoming budget workshops. Reductions for transfers and declining electric sales had been made in the previous two (2) Budgets on which she had worked. Ms. Forehand apologized for "derailing" Ms. Judd to the Electric discussion. She was more interested in whether or not the City would be putting these CIPs on hold, did she have a plan for resuming them or would it be seven (7) years

51 April 23, 2013 Regular Session Page 9 of 14 before they would be picked back up. Ms. Judd explained that there would be about $300,000 available in about a year to look at with regard to Capital Projects. She would recommend that the current free and clear Surtax balance of $1.3 million not be allowed to go any lower than $700,000 in the current year because you always want to maintain that balance to move forward to another year. She recalled in another Agenda item that although it may not have been an adopted "policy", the past practice of the Council was not to let the ending balance go below $400,000 in any given year. In addition, she would not recommend a loan of $2.4 million from a bank be put into the City coffers but a construction "draw-down" type of loan. She stated she could present the projects that came from the different departments, but maintained the City would not be able to do it all and it would ultimately be the decision of the Council regarding the prioritization of the CIPs. Council Member Braly acknowledged the overall window of how the Police Department affected the entire period up to December 31, He estimated that if the $798,000 in projects were done in the near future, this would leave a surplus of $543,OOO±. However, he questioned the surplus still left based on this estimate if all the projects were done in a year or year and a half. Gary Carmichael, 711 N. Magnolia Avenue, Green Cove Springs, thanked the City Manager, City Council, and Chief of Police for all the work they had done to downsize the building. He explained that he had been a Police Officer in Florida for 34 years and had previously managed EOC operations. He believed the facility would be utilized by the community because of its design and electronic infrastructure. He also agreed that there could never be enough restroom facilities including separate restrooms for civilians and prisoners. Many of the designs were driven by the FDLE as statutory requirements to make it secure because it was EOC building. The Council made the following comments: Council Member Page: Thanked City Staff and all who had worked on this project; No one had challenged the issue or the need for a new up-to-date facility; He believed that the population growth over the next 30 years had been over estimated but that Staff had made accommodations for a reduction; noted the Chamber of Commerce had the City growing in the top 20% of counties in Florida; considered the year population estimate to be more reasonable; Was a blessing and a burden to be the County Seat? The facilities were needed because the City's population doubled every day and the City needed to provide those facilities; Impressed by a plan that could allow adjustment and a feasible plan; functionality had not been compromised; Believed the City needed a Category 5 design; the facility needed to be there for the worst possible event; Felt cost was down to a very doable number using Sur-Tax money to fund over the 6-7 years; would be able to keep other projects; not unusual to have more CIP projects than were able to be funded; costs never lower than today; Police Station should be most important CIP project; City Staff has done an excellent job on this task; Addresses size and growth over the long term for the City; and Fully supportive of the project.

52 April 23, 2013 Regular Session Page100f14 Council Member Hampshire: In response to comments she had received from several citizens, the City would not go bankrupt; taxes would not be increased; she would not vote for any increase; would not take the City below the Council approved $400,000 threshold; would be paid off in 6-7 years; would be no balloon balance at the end; Acknowledged citizen concerns regarding cost and size of the building; this should bring the community together and calm the fear in the community; All agreed the need was there but not everyone would get what they wanted; and Congratulated everyone's efforts. Council Member Braly: Thanked the City Manager and everyone involved in the reduction of the size and cost; Maintained the City could not afford it; original loan amount of $3.1 million plus $1,080,000 would have to be borrowed without any changes; Six (6) years or until 2019 for the end of Surtax; still short in funding; No money to do anything else for six (6) years; after his calculations, After $435,000, approximately $194,000 left for other projects; Wanted a Police Station for the City but still questioned the square footage and the need for an EOC when the County's EOC was located just four (4) miles away; Would it be more expensive if the design were changed to a Category 3 Hurricane Rating?; and Will vote against it. Vice Mayor Timberlake: Commended City Staff for their work and taking in citizen comments; Preference was to go with the original decision; Felt the City should build and invest for the future; hope future generations would look back and say the Council had great wisdom and foresight in building a facility for the City; and The County is focused on the County and the 94,000 residents; if the building were constructed as a Category 3 Rating, the City would not be able to occupy the EOC or City Hall to operate as an EOC. Mayor Lewis recognized Karen Kenney, 701 Cove Street, Green Cove Springs, who expressed her concerns regarding the funding issues and how her property had been flooded again twice in the past week. She also questioned the insurance coverage for City Staff and Police Staff. Mayor Lewis recognized Joe Sobotta, 212 North Street, Green Cove Springs, who questioned Council Member Braly's comments about the EOC. Council Member Braly explained how he had calculated the spending cost for use by others. He noted that 16% of the space would be utilized by the public for a multiplicity of uses. He was also concerned about the Category 5 Hurricane Rating and how much would be saved if the construction were built to a Category 3. He understood the City Manager had not had a lot of time to research this and he stated he was not criticizing the City Manager. He wanted to move ahead with the Police Station but was extremely concerned that the Council needed all the facts. He also acknowledged the concerns of the citizens and how the Surtax funds should be used for other projects. Mayor Lewis also believed that the EOC was a multi-purpose room. Chief Musco advised that he had worked during Hurricane Andrew in South Florida and how Officials had learned and understood that these issues needed to be addressed. Evacuation during a Category 2 or 3 Hurricane would be mandatory. A Category 2 Hurricane rated building

53 April 23, 2013 Regular Session Page 11 of 14 would save money but would it be safe for City Staff to be called into work and hunkered down making decisions? He emphasized that the City had a responsibility to protect the Officers and staff who would be called in to work during an emergency. He recounted hearing from other experts that a Category 5 Hurricane rated structure would be there. The EOC Grant was a gift and elevated it to an EOC. Council Member Hampshire appealed to the citizens to give the Council credit for what they had done to protect the City and its residents. She insisted that what was done would affect her too. She was not willing to move forward with the original plans but was pleased with the revised plans that City Staff had been able to develop. Chief Musco apologized for what had happened and any rifts created in the community. The original plan was developed and started six (6) years ago under the previous City Manager. The plan was designed and shared with the citizens in He did not believe a 10,000 square foot facility would service the City's needs for the future. He commended the outstanding and dedicated Officers and Police Department employees who loved the City. He reminded everyone that the Department was operating out of an 1900's era home that was in violation of OSHA and ADA requirements. He had been directed to bring the project forward and believed it was a good building and right-sized for the City. In response to Council Member Hampshire's earlier comments, Council Member Page questioned a "generational debt" or financing the project over the life of the building where the City would be fronting the money now and making the investment. He commented on two (2) types of flat roofs regarding those who have leaked and those who would leak. He also noted that changing the efficiency of the NC equipment to fit the building size would not be in the best interest of the City. Mayor Lewis: Need to plan for the future; Rely on the experts as their knowledge is much more in depth; did not think the Council would be conscientious if they did not take everything they said into consideration; While humans have a tendency to let our imaginations run wild, our hopes are not matched by reality; It is not reality at $100 per square foot; The City has addressed the issues of cost and size; and Have to prioritize the City's needs for the future but will not get everything we want. A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO (1) AWARD THE BID TO BATSON-COOK AT ITS BASE PRICE OF $5,597,000 LESS PROPOSED DEDUCTIVE CHANGE ORDERS ESTIMATED AT $1,735,000 FOR A FINAL CONTRACT VALUE OF $3,862,000 WITH TIME FOR COMPLETION OF 300 DAYS; (2) DIRECT THE CITY MANAGER TO WORK WITH THE ARCHITECT, FISHER-KOPPEN HAFER, TO PRODUCE DRAWINGS REFLECTIVE OF THIS SCOPE OF WORK; (3) DIRECT THE CITY MANAGER TO ISSUE A NOTICE TO PROCEED (NTP) AND RECORD SAME WITH THE CLERK OF THE COURT; (4) AUTHORIZE THE CITY MANAGER TO ISSUE A BUILDING PERMIT AND RECORD THE NOTICE OF COMMENCEMENT (NOC); (5) AUTHORIZE THE MAYOR TO EXECUTE ANY AND ALL CONTRACT DOCUMENTS FOR THE POLICE FACILITY/EOC CAPITAL PROJECT WITH BATSON-COOK; (6) PREPARE A RESOLUTION WITH FINANCING TERMS AND CONDITIONS FOR COUNCIL ACTION BASED ON LOAN ORDINANCE; AND (7) SCHEDULE GROUNDBREAKING CEREMONY. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - D. RAY BRALY.

54 April 23, 2013 Regular Session Page 12 of 14 PUBLIC HEARINGS 1. Second and Final Reading of Ordinance No , an Ordinance approving the borrowing of up to $3,100, to fund a portion of the construction cost for the new Police Stationl Emergency Operations Center. Mr. Arnold read the title of Ordinance No into the record as follows (see attachment marked Exhibit "B"): AN ORDINANCE OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, AUTHORIZING THE BORROWING OF UP TO THREE MILLION ONE HUNDRED THOUSAND DOLLARS ($3,100,000.00) TO FUND A PORTION OF THE CONSTRUCTION COST FOR THE NEW GREEN COVE SPRINGS POLICE STATION I EMERGENCY OPERATIONS CENTER; DECLARING A PUBLIC PURPOSE FOR SUCH LOAN; PROVIDING AUTHORIZING FOR A RESOLUTION TO APPROVE THE SPECIFIC TERMS AND CONDITIONS OF THE LOAN; PROVIDING FOR REPEALER, SEVERABILITY AND SETTING AN EFFECTIVE DATE. Ms. Judd explained that based on the Council's previous legislative action, that the not to exceed amount be reduced to $2,415,000. According to Mr. Arnold, the change in the amount would be done when the motion was made to amend the Ordinance. Mayor Lewis opened the Public Hearing. There being no comments, the Public Hearing was closed. A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO APPROVE ORDINANCE NO ON SECOND AND FINAL READING WITH THE AMENDMENT THAT THE LOAN VALUE BE NOT TO EXCEED $2,415,000. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES- COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - D. RAY BRALY. Ms. Judd also requested authorization to proceed with the contractor on the demolition of the structures that currently exist at no additional mobilization costs to the City. Contractual and insurance requirements would be handled accordingly. AN EMERGENCY MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO AUTHORIZE THE CITY MANAGER TO PROCEED WITH THE DEMOLITION OF THE STRUCTURES. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS D. RAY BRALY, C. FELECIA HAMPSHIRE, ROBERT C. PAGE, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE. The Groundbreaking Ceremony was unanimously scheduled for May 1 st at 10:00 a.m. 5. City Manager and City Attorney Reports and/or Correspondence. City Manager Judd's announcements: Reminded Council about an she had sent regarding the organization of a training session for incoming Council Members on May 21 st at 9:00 a.m. It would be an introduction by Department Directors regarding their departments. Vice Mayor Timberlake and Council Member Hampshire would be unable to attend due to conflicting schedules;

55 April 23, 2013 Regular Session Page 13 of 14 Ms. Judd would be out of the office on Wednesday afternoon; and She will miss Mr. Page. City Attorney Arnold's announcements: Reminded Council and City Manager of his invitation to the Law Day Luncheon at Orange Park Country Club on May 14 at 12:00 noon; and Thanked Council for the Proclamation recognizing the Citadel Class of '69 Golf Dawgs. 6. City Council Reports and/or Correspondence. Council Member Page's comments: There is a Florida League of Cities webinar on May 9 on privacy law changes which he believed would be beneficial regarding the City's utility customers; Reminded Council that Council Member Elect Royal could meet with other Council Members on a one-to-one basis after a public notice; at a public meeting, minutes must be taken; he confirmed the Sunshine Law with Mr. Arnold; and Thanked City Staff for the wonderful reception; it was his honor and privilege to represent the citizens of Green Cove Springs the past nine (9) years. Council Member Braly's comments: None. Council Member Hampshire's comments: Thankful for everyone's support during the election; humbled and honored to serve her final term on the Council; looking forward to working with Council Member Elect Royal and Council Member Braly; Appreciative of the hard work everyone puts in to making the City great; believes whatever differences were in the past can be overcome; She would miss Mr. Page and wished him and Mrs. Page well; and Glad the City is moving forward with the Police Station; the citizens and the Police Department deserve it. Vice Mayor Timberlake's comments: Congratulated Council Member Hampshire on her re-election; Expressed disappointment and concerns about how the campaigns went regarding Magnolia Point versus the City; not good; and Stated no apology was needed from the Chief on the Police Station. Mayor Lewis' comments: Reminded about the Council on Aging Open House on Friday at 10:00 a.m. and a Donor Dinner on Thursday; Reminded about the Quigley House's wine tasting fund raising event on April 27; Reminded about the Relay for Life on April 26 th ; Reminded about the Special Magistrate Hearings on April 24th; Thanked the City Staff for all their efforts; and Thanked Council Member Page for all his efforts.

56 April 23, 2013 Regular Session Page 14 of 14 Mayor Lewis recognized Scott Smith who informed the audience that a member of Hibernia Baptist Church, Melissa Boyd, had passed away this day. He asked for the Council and community's prayers for the family. Mr. Smith also thanked Mr. Page and wished him well. 7. Adjournment. There being no further business to come before the City Council, the meeting was adjourned at 10:47 p.m. CITY OF GREEN COVE SPRINGS, FLORIDA Pamela J. Lewis, Mayor Attest: F. Lee Bentley, City Clerk

57 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: APPROVAL OF PZ-62, A GATEWAY CORRIDOR AND THE CENTRAL BUSINESS DISTRICT PILOT MATCHING GRANT APPLICATION FOR LIGHTING IMPROVEMENTS FOR THE PROPERTY LOCATED AT 200 SOUTH ORANGE AVENUE. BACKGROUND: At the Visioning Session on April 21, 2012, one of the major needs for the City was improving the curb appeal, the redevelopment of U.S. 17 and the downtown district. To promote improvements to existing properties in the Gateway Corridor and the Central Business District, the pilot matching grant program was established. The City Council budgeted $35,000 in FY 2013 for the program. The following are the parameters that were approved for the matching grant program: Maximum 50:50 matching (dollar for dollar) grant program Maximum matching grant allowed for each project type of improvement: o Landscaping - $2,500 o Sidewalks, Streetscape - $2,500 o Lighting - $2,500 o Signs - $5,000 o Facades/Building Improvements - $5,000 o Dumpster relocation and enclosure - $500 GRANT REQUEST: Mr. Chaney has submitted a grant application for lighting improvements to the property located at 200 South Orange Avenue. The SDRT committee reviewed the grant application on June 10, 2013, via and recommended approval of the grant award PZ-62 Lighting Improvements for 200 South Orange Avenue Project Cost - $4,800 Requested Grant - $2,400 Recommended Grant Award - $2,400 FISCAL IMPACT/FUNDING SOURCE: $2,400 from the Gateway Corridor and the Central Business District Grant budget allocation. FY budget included $35,000 for this grant program of which $14,058 has been allocated to date. RECOMMENDATION: Staff recommends approval of application 2013-PZ-62 for lighting improvements for the property located at 200 South Orange Avenue in the amount of $2,400.

58 MOTION: To approve application 2013-PZ-62, Lighting Improvements for the property located at 200 South Orange Avenue in the amount of $2,400. SUBMITTED BY: APPROVED BY:.~ J nis K. Fleet, AICP evelopment Services Director

59 (i.. -=-- ~. ' f ' " City of Green Cove Springs GATEWAY CORRIDOR AND CENTRAL BU SIN ESS DISTRICT PILOT MATCHING GRANT PROGRAM APPLICATION 1. Project: ,,,..--_t_------=----: Applicant Name: Rv i If c. A~.., ~ '/ 3. Owner Name: j;vj y CAe:)..., ry. 4. Applicant Address:' 116 IV. () j: a It f f'.i?" e. 5. Property Address: 2 tlo ;; a f-..6 YtI ~ I #1/ ~... G. ( 7; / I l...i.-:o-'-'---~*"'---<~_::'_-fa x : 1... ( _ -'- .4f--4.1L..:-><...U"'- ~Amount Requested,- : Attach detailed outline of the proposed work, including: o Photographs of the existing conditions o Detailed drawings showing proposed improvements o Project budgets I understand that in order for my request for funding to be approved, I must agree to follow the recommendation of the City Council and comply with the following : 1. Submit an application for site plan approval, if none exists or the site plan must be modified. The site plan application fee shall count towards applicant's project match. 2. Obtain all required permits before beginning any work. No reimbursements shall be made without proper permits obtained before work has commenced. 3. Project work shall commence within 45 days after application is approved by the City Council. 4. Monies are for improvements only and will be reimbursed upon completion of the work. All attachments are required for a complete application.

60 l- i... I~ ~., t / :~. I..,,'./ / i- (~ l--:r :. I'; "j ( r." Ir.,.,'./,_. '.. ",./ ~/! '~i~.' (. I. \ ( ~ ' "' ''~...,,- -'" r.",t' 'f '. / ' :- ( S'."" ~ -'",I X Tv ~' '' 2' "" \ I U5- /7

61 RUSTY CHANEY Florida State Certified Roofmg Contractor~CB C Florida State Certified Building Contractor-CC C N.OrangeAve. Green Cove Springs, Florida / June 11,2013 ESTIMATED COST 200 S Orange Ave. Form and pour 2 concrete bases for light poles Concrete - steel reinforcements 8-24" J -Bolts - Forms Permits Crane Service Electrician - Install 2 - new ballasts - 4 bulbs 1 new distribution box Wire lights Labor and Materials Bore and place 2 chase lines under driveway $ $ $ $ $ Total $

62

63

64

65

66

67 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: APPROVAL OF 2013-PZ-71, A GATEWAY CORRIDOR AND THE CENTRAL BUSINESS DISTRICT PILOT MATCHING GRANT APPLICATION FOR LANDSCAPE IMPROVEMENTS FOR THE PROPERTY LOCATED AT 714 AND 716 NORTH ORANGE AVENUE, PARCEL # BACKGROUND: At the Visioning Session on April 21,2012, one of the major needs for the City was improving the curb appeal, the redevelopment of U.S. 17 and the downtown district. To promote improvements to existing properties in the Gateway Corridor and the Central Business District, the pilot matching grant program was established. The City Council budgeted $35,000 in FY 2013 for the program. The following are the parameters that were approved for the matching grant program: Maximum 50:50 matching (dollar for dollar) grant program Maximum matching grant allowed for each project type of improvement: o Landscaping - $2,500 o Sidewalks, Streetscape - $2,500 o Lighting - $2,500 o Signs - $5,000 o Facades/Building Improvements - $5,000 o Dumpster relocation and enclosure - $500 GRANT REQUEST: Mr. Chaney has submitted a grant application for landscape improvements to the property located at 714 and 716 North Orange Avenue. There are two buildings on the property, but it has one parcel number, according to the Clay County Property Appraisers website, The SDRT committee reviewed the grant application on June 11, 2013, via and recommended approval of the grant award PZ-71 Landscape Improvements for the property located at 714 and 716 North Orange Avenue, Parcel # Project Cost - $3,800 Requested Grant - $1,900 Recommended Grant Award - $1,900 FISCAL IMPACT/FUNDING SOURCE: $1,900 from the Gateway Corridor and the Central Business District Grant budget allocation. FY budget included $35,000 for this grant program of which $14,058 has been allocated to date. RECOMMENDATION: Staff recommends approval of application 2013-PZ-71 for landscape improvements for the property located at 714 and 716 North Orange Avenue, Parcel # , in the amount of $1,900.

68 MOTION: To approve application 2013-PZ-71, Landscape Improvements for the property located at 714 and 716 North Orange Avenue, Parcel # , in the amount of $1,900. SUBMITTED BY: APPROVED BY: nis K. Fleet, AICP evelopment Services Director Danielle

69 ECEIV EO JUN City of Green Cove Springs GATEWAY CORRIDOR AND CENTRAL BUSIN ESS DI STRICT PILOT MATCHING GRANT PROGRAM APPLICATION 1. Project: -----::c- --:r =,--: Applicant Name: f< IJ sty C A 4 VI Y r j 3. Owner v}f-y V 6(/ It f? Y 4. Applicant Address: ( /1 t. tv {l R a IAJ e II v--l' 5. Property Address: 7 I if t 7 16 IV, ORCtl1 Q ~ / 6. Applicant Phone: ( q~ ~ 2-fflf - S I.J qljfax: l- ( _-L Local Contact person :--I-g~(/~fL.!'f_~f.L( Applicant Phone : ( ~(j i; 2S'4~ t;f7(jo Fax: L ( _-'- _ 9. Estimated Cost of Project: lf ~ B()O,--;;O- Amount Requested,-: _ Attach detailed outline of the proposed work, including: o Photographs of the existing conditions o Detailed drawings showing proposed improvements o Project budgets I understand that in order for my request for funding to be approved, I must agree to follow the recommendation of the City Council and comply with the following : 1. Submit an application for site plan approval, if none exists or the site plan must be modified. The site plan application fee shall count towards applicant's project match. 2. Obtain all required permits before beginning any work. No reimbursements shall be made without proper permits obtained before work has commenced. 3. Project work shall commence within 45 days after application is approved by the City Council. 4. Monies are for improvements only and will be reimbursed upon completion of the work. All attachments are required for a complete application. I cerf y and acknowledge that the information contained herein is true and correct to the best of my/our Imowledge.

70 \ ECEIVED JUN

71 - ~ '1 ~. i! 1-9(l.C{t;7 l Ittle. wo! Iz. 0 a #141' "'fffq) 7/1f /If. (J fl.tltt;< 0 ~ '/ p0f1,k""7 I '1 P.~i I /f()"j.-qjf 5 W 0 E. izrj ~ 0 7/6 /II. Oil &1") '!!:J~ 0 '.) F8 (}lb> ~C ( New (~ rrp("ri ;fj~ w 5AJ1.lJt~J( ( rjv; IJr'}'i f!,v :U,'''1 2 7(10 'f. f 2/7 00 ff, 7 16 fl. O/l!l'olt f fl. ij f o> ejj ~- (f) J fi' ~JCI f! N elp J It,. :Ji.' d " o 6 Nf?~ Pa/Jot tkee 5 (jj New 56lf u bert ;... rj) F ft.".. i 0 f 71 Cf 1/. (Jfta~~ 8 \. Ij' ; RECEIVED JUN

72 RUSTY CHANEY Florida State Certified Roofing Contractor-CB C Florida State Certified Building Contractor-CC C N. Orange Ave. Green Cove Springs, Florida / ESTIMATED COST June 11, & 716 N Orange Ave. 6 - Palms $ each $ new Shrubbery $9.00 each $ New irrigation $ Weed control filter cloth $45.00 Mulch $30.00 Form and Pour Concrete Planters around palms $ Total $

73

74 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Approval of Second Amendment to the American Traffic Solutions Contract BACKGROUND: In order to comply with the legislation adopted by the Florida Legislature and effective July 1, 2013, the City and American Traffic Solutions, Inc. ("ATS") must amend their existing five (5) year contract. A copy of the initial ATS/City Professional Services Agreement ("Agreement") with Amendments is attached hereto. FISCAL IMPACT I FUNDING SOURCE: Nominal expense to the City. RECOMMENDATION: City Staff recommends approval of the attached Second Amendment to the "Agreement" with A TS and authorization for the Mayor and City Clerk to execute same. MOTION: To Approve the Second Amendment to Professional Services Agreement between the City and A TS and authorize the Mayor and City Clerk to execute same. SUBMITTED BY: APPROVED BY: Danielle J. Ju

75 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Second Amendment (this "Amendment") is dated effective this day of, 2013 and is entered into between American Traffic Solutions, Inc. ("ATS"), a Kansas corporation and the City of Green Cove Springs ("Customer"), a municipal corporation of the State of Florida. RECITALS WHEREAS, on April 20, 2010, Customer and ATS entered into a Professional Services Agreement (the "Agreement"); and WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law CS/CS/HB7125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code and taking effect on July 1, 2013; and WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align the provision of services by ATS with the provisions and requirements of Law of Florida TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below: 1. Schedule 1 is hereby amended to add the following: "ATS is authorized to charge, collect and retain a convenience fee of up to 5% of the total dollar amount for each electronic payment processed. Such convenience fees are paid by the violator." 2. Section of Exhibit A is hereby deleted in its entirety and replaced as follows: "Subsequent notices, other than those specified in section 1.3, may be delivered by First Class mail for additional compensation as set forth in Schedule 1." 3. Schedule 1 is hereby amended to add the following: "Subsequent notices mailings fee: $2.00 per piece" 4. Section of Exhibit A is hereby amended to add the following: "Customer shall provide, either for itself or through an inter-local agreement with another jurisdiction, a local hearing officer, clerk, and hearing facilities to schedule and hear disputed Notices of Violation." 5. The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 6. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. Green Cove Springs By: Title: Oate: American Traffic Solutions, Inc. By: Title:, Oate:

76 Re: ATS/Ci ty of Green Cove Springs Contract Amendment L. J. Arnold III Attorney at Law Arnold Law 718 North Orange Avenue P.O. Box 1570 Green Cove Springs, FL Phone: (904) Fax: (904) \'1\'1\'1. ArnoldLawyers. com On 5/28/2013 2:57 AM, George Hittner wrote: Dear Jim: In light of the recent changes to the Mark Wandall Traffic Safety Act (the "Act"), attached please find a draft contract amendment necessary to align certain contract provisions and the ATS scope of work in our existing Professional Services Agreement with the new requirements of the Act. Please let me take a moment to walk you through what this amendment does: Introduction: The recent changes to the Mark Wandall Trafflo Safety Act require (among other things): 1) A local administrative hearing process, wherein hearing costs are now payable to the City should the accused violator: (a) cancel their request for an NOV hearing; or (b) ultimately be found guilty at the administrative hearing of committing the vlolatlon; 2) AddItional notifications (via US Mall) to the accused violator if the violator opts for a hearing on the Notice of Violation; and 3} Provides for the appointment of a local hearing officer and clerk. Increased Fine: Should the accused violator cancel their NOV hearing and opt to pay the statutory fine, the fine increases by $50, from $158 to $208. Likewise, should the accused violator be found guilty of the violation at the NOV administrative hearing, the violator Is required to pay the $158 statutory fine, as well as costs of the administrative hearing up to $250 (as determined by the City). These additional fees will raise the dollar amount a violator may ohoose to pay by the electronic payment option (previously, the most a violator could pay on violatloninfo.com was the $158 statutory fine). To allow for ATS to pass along our Increased costs (i.e., additional credit card percentage fees and additional Internal compliance costs) to the violator, It Is necessary to change the convenience fee formula from a flat rate to a percentage of the dollar amount paid online. To be clear, these fees are paid by the violator. The attached amendment allows for the convenience fee to be In a range up to 5% of the dollar amount paid by the violator at the time they pay their violation online via violationlnfo.com. If the City does not wish for ATS to accept electronic payments for the administrative hearing and Instead wishes to perform these functions themselves, the related provision In the attached amendment may be removed. In this scenario, the current convenience fee delineated In the contract will continue to apply for the payment of those violators who pay the $158 statutory assessment and do not request a hearing on the NOV. Additional Notifications: The fees associated with ATS' services In our current contract include (among other things): (a) the Initial mailing of a NOV; and (b) the sending of a UTC by certified mall, if necessary. 20f4 6/11/20135:04 PM

77 Re: ATS/City of Green Cove Springs Contract Amendment The new requirements of the Act require additional notices to be mailed by first class mail to the violator If the violator opts for an administrative hearing on the NOV. The attached amendment would allow ATS to Issue these subsequent notices on behalf of the City for $2.00 per each additional mailing. While these fees are paid by the CIty. the costs may be Included in the amount of the hearing fee assessed by the Local Hearing Officer at the administrative hearing. The InItial NOV and. If applicable, the subsequent UTC mailing remain Included In our fees per the terms of the contract; this amendment only pertains to the additional NOV hearing mailings, as applicable. If the City does not wish for ATS to send additional notifications as delineated by the Act for the administrative hearing and instead wishes to perform these functions themselves. the related provision in the attached amendment may be removed. Appointment of Hearing Officer: The new provisions of the Act allow for a City to provide a hearing process where the violator may request a hearing and challenge the NOV to a City appointed hearing officer. The attached amendment Includes a provision indicating the appointment of a hearing officer and clerk, as well as designation of hearing facilities. The attached will bring the existing contract Into conformity with the changes to the Act and may be modified based upon the services the City may wish for ATS to provide. If you have any questions, please do not hesitate to contact me or a member of the ATS FL team at your convenience. Best regards George George J. Hittner I General Counsel, Corporate Secretary & VP for Governmental Relations American Traffic SolutIons, Inc West Southern Avenue I Tempe, ArIzona T F I C george.hlttner@atsol.com I I I Making life safer and easier on the road ahead No virus found In this message. Checked by AVG - Version: / Virus Database: 3184/ Release Date: OS/27/13 No virus found in this message. Checked by AVG M Version: / Virus Database: 3184/ Release Date: 06/06/13 30f4 6/11/2013 5:04 PM

78 Aillerican i raffl c Solutions " April 30, 2010 City of Green Cove Springs Attn: Don Bowles, City Manager 321 Walnut Street Green Cove Springs, FL RE: Professional Services Agreement Dear Mr. Bowles, Enclosed please find Olle (1) fully executed Professional Services. If you have any questions, please do not hesitate to contact me at (480) Sincerely, erican Traffic Solutions, Inc., W~ Catherine E. }Nil ins Executive Ad in' tratlve Assistant Enclosures E ;")" t Glny Rond I I~ C fj tt 8( k1irl. AI izol1i1 B52f30 TEl.: It:)!)..! FAX 4[1::) :)1 '1f'llw.a.lso.CQf'II ViW'II, RG<ll! ~ II)l (;a l n (J r<l om ' W'lI w,p t ~ l opa '; t~, CiO Iil

79 AiS American Traffic Solutions PROFESSIONAL SERVICES AGREEMENT "AGREEMENT" 4/21/2010 THIS AGREEMENT made this/ C i day of -'h),,2010 between American Traffic Solutions, Inc, a Kansas corporation (hefair, "ATS" or "Conlractor"), with its principal place of business at 7681 East Gray R.oad, Scottsdale, Arl;;;ona and the City of Green Cove Springs, Florida, (herein "Customer"), with principal offices al321 Walnut Street, Green Cove Springs, FL WITNt=SSETH: WHEREAS, ATS has the exclusive knowledge, Rossession and ownersqip of certain equipment, licenses, and processes, referred to colleotively as the "Axsis 'lo System" (herein "Axsis ),and WHEREAS, Customer desires to use the Axsis ti,' System to monitor and enforce red light violations, and may, in the fulure, desire to monitor and enforce traftlc speed or other traffic movements and to issue citations for traffic violations. WHEREAS the Customer awarded the contract to Vendor pursllant to tile Customer's purchasing policy. I\JOWTHEREFORE, the parties agree: 1, DEFINITIONS: As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: l'approach" is defined as one direction of travel of one or more lanes all a road Of a traffic intersection up to four (4) contiguous lanes controlled by up to two (2) signal phases. <'Camera System" means a photo~ traffic monitoring device consisting of one (1) rear camera, strobe, and trahic monitoring device capable of accurately detecting a traffic infraction on up to four contiguous lanes which records such data with one or more Images of such vehicle. "Camera System,j shall alsb, where the sense requires, include any enclosure or cabinet and related appurtenances in which the Axsls ',.' is stationed, "Citation" means a citation or notice of violation Or equivalent instrument issued by a competent state or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a violation documented or evidenced by Axsis '", 140WI'er" means the ol/l'j1er(s) of a liiotor vehicle as shown by the motor Vehicle registration repords of the motor vehicle department or the analogous agency of another state or country, tlpaid Citatioh" means a situation where the person ciled has entered a plea bf guilty and pa id any portion of tile fine and applicable court costs associated with tile particular cit<;ition. "Person" or "persons" means any individual, partnership, Joint venture, corporation, trust, unincorporated association, governmental authority or political subdivision tllereof or any other form of entity. I'Project Business Process Worl< F'Jow" means initial scl1eclilles anci lirnelines required to begin tm implementation of Cityis project. "Project Time Line" pleans initiai schedule and t1nwllnes required to begin the Implementation of Customer's project. ifrecotded Image" means an image di9itally recorded by a Camera System.

80 "Traffic Control Signal" means a traffic control (levies that displays alternating red, yellow and green lights intcllcled to direct traffic when to stop at or proc.eed thro.llgh an intersection. "Violation" means failure to obey an applicable traffic law or regulations, including. witho~lt limitation, failure to obey El traffic signal, operating a motor Velllcle in excess of tile posted speed limit, and operating a motor vehicle without displaying a valid license plate "VIIVIS Analysis" Is a sta.listlcal assessment of violations rates at suspected problem Intersections and approaches to determine the need for a red light system. 2. ATS AGREES TO PROVIDE: The scope ofworl< identified in Exhibit "A", Sedion "1", 3. CIJSTOME.R AGREES TO PROVIDE: TIle scope of worl< identified in Exhibit "A", Section "2." 4. TERM AND TERMINATION: a. Tllis oontract shall be effective on the signature date above. b. The term of this Agreement shall commence upon the passage of favorable red ligl1t camera state enabling legislation and shali continue for a period of three (3) years (the "Initial Term'l However, prior to commehcement of the term, this Agreement shall be binding upon tile parties effective Immediately following the date the last party executes the Agreement. The City shall have the right, but not the obllga(ion to e>:tend this Agreement fqf Up to five (5) additional,,hree (3) year perioos following the expiration of tile Initial Term (each, a "Renewal Term" and collectively wit~l the Initial Terin, the "Term"). The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to ATS not less than 120 days prior to the last day of the Initial Ternl or the Renewal Term, as the case may be. c. After two (2) years following the date the last party executes this Agreement, if state enabling legislation has 110t been passed as hoted in this Section, and if the CLlstomer has not installed red light cameras, then this Agreement may be terminated by written notice by either party. d. The Contractor's services may be \ermina{ed: i) By mutual written consent of the parties; ill For cause, by either party where the other p~rty fails in ~ny mat~riaj way to perrorrn its obligations under this Agreement. Termination under this subsection is subjeot to the oondition tllat the terminating party notifies the other party of its intent to terminate, stating witb reasonable specificily the grounds therefore, and the other party f~ils to cure the default within forty-five (45) days after receiving notice. iii) For convenience; by either party In the event that state legislation or a decision by a court of competent ju(isdiction tnal~es Ihe deilloymeht of the service in this Agreement impossible or financially unfeasible for either party. In any termination for convenience, ATS shall retain only whtlt has been paid to ATS prior to the termination. Confldenllal Page

81 e. Upon termination of this Agreement, either for breach or because it has reached the end of its term, the parties recognize that the Customer will have to process traffic law violations in the "pipeline," and that ATS accordingly!nust assist the Customer in this regard. Accordingl~(, the parties shall take the following actions, and shall have the following obligations, which survive termination elliring the winddown period: The Customer sllall cease using the Axsis T/A S~'stern, shall return or allow ATS to recover all provided equipment Within a reasonable time not to exceed 60 days, and shall not generate fliliher images to be IJrocessed. Unless directed by the Customer not to do 'so, ATS shall continue to process all images tal{en by the Customer before ter'minatior and provide ali services associated with processing in accordance with this Agreemeni, and shall be entitled to all Fees speoified in the Agreement as If the Agreement were stili In effect. 5. ASSIGNMENT: Neither party may assign all or any portion of this Agreement without tile prior written consent of the other, which consent shall not be linrea$onably withheld or delayed; provided, however, the Customer hereby acknowledges and agrees that t,le executlon (as outlined In Exhibit '<8"), delivery and performance of ATS's rights pursuant to this Agreement shall requi ra a significant investment by ATS, and that, in order to finance slich hweslment, ATS may be required to enter iota certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, fihancial Institutions or other SImilar person or entities (each, a "Financial Institution" ancl collectively; "Financial Institutions"). The Customer 11ereby agrees that ATS shall have the righl to assign, pledge. hypothecate or otherwise transfer ("Transfer") its rights or any of tilem, under this Agreement to any Financial Institution In connection with any Financing Transaction between ATS and any such Financial Institution subject to the Customer's prior written approval, which approval shall not be llnreasonable withheld or delayed. The Customer further acknowledges and agrees that in the event that ATS provides written notioe 10 the Custome that it intends to Transfer all or any of ATS's rights pursuant to this Agreetn~n t, and in the event that the Customer falls to provide slich approval or fails to object to such Transfer wiu1in forty-five (45) business days aft~r its receipt of such notice from ATS, ATS shall be free to effect said Transfer. 6. FEES AND PAYMENT: Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in Exhibit A, Schedule 'I ("Fees"), The Customer shall pay all fees due ATS based upon invoices from the proceeding tnonth within 30 days of submission. Late payments are subject to interest calculated at,5% per month on open balances. Unit prices will be fixed for the first three (3) years of the first term and thereafter on each anniversary date of the term unit price's will increase by the CPI, according to fhe average change during the prior 12 months in the Consumer Price Index for All Urban Consumers (CPI-U) for U.S. City average as pubilshed by the Bureau of Labor Statistics, U.S: Department of Labor. 7. INTERSECTION AND VIOLATION RATE ANALYSIS: Prior to implementing the Axsis System, ATS may conduct an analys,is of each Approach being considered for a C~mera System. If AT$ oeerns nece!;;sary, ATS will lise the AxsisTM VIM$ (Violation Incident Monitoring System) or other tool 9( means to complete the an.alysis over an 8-12 hollr period. The Custome will be provided a report Oh violations recorded at each monitored approach, inclucllfig the time of day and lanes on which the violations occurred. For any Approach recommended by the Customer. ATS may ilistall a Camera System, However, ATS ma.y elect not to ]nstall a CamerE1 System Where traffic violation data does not $UPport installation of the Axsis System. 6. COMMUNICATION OF INFORMATION: ATS agrees that all information obtained by ATS through operation of the Axsis System shall be made available to the Custorner at any time during ATS's normal worl<ing holtrs, excluding Vade secrets anq other confidential or proprietary information not reasonably necessary for the prosecu1ion of Citations or the fulfillment of Customer's obiigation uilder ihis Ag eernent. Conlldential Page 3 or 17

82 9. CONFIDENTIAL INFORMATION: No information given by AlS to Customer will be of a confidential nature, unless specifically designatecl in writing as proprietary and confidential by ArS. Provided, however, hothing iii this paragraph shall be construed contraly to the terms and provisions of any "Open Records Act" or similar laws, insofar as they may be applicable. ATB shall not Lise any Information acquired by this program with re.spect to any violations or the Customer's law enforcemeht activities for any purpose other than the program. 10. OWNERSHIP OF SYSTEM: it is understood by the Customer thai the System being installed by ATS is, and shall remain, the sole property of AlS, unless separately procured ftorn ATS through a lease or purchase transaction. The System is being provided to Customer only under the tentls and for the term of this Agreement. 11. IND6MNir-iCATION AND INSURANCE: ATS shall comply with all laws, ordinances and regulat"ol1s governing the use of photo enforcement systems applicable to this Agreement and shall comply with the maintenance procedures and manufacturer recommendations for operation of the Axsis equipment which affect this Agreement, and Shall ind.ernnih' and save harmless the Customer against claims arisit1g from this contract and the violations of the maintenance procedures and manufacturer recommendations for operation of the equipment as a result of the negligence or Willful misconduct of ATS. its officers and directors, agents, attorneys: employees, authorlze'ld volunteers, and elected officials, but excluding any employees or agents of Customer. ATS shall maintain the following minimum scope and limits of insurance: El. Commercial General liability Insurance incillding coverage for bodily injury, property damage, premises ahd operations, products/completed operations, personal and advertising injury, and contractual liability With a combined single limit of $1,000,000 per occurrence. Such insurance shah include the Customer, its officers, directors, employees. agents, attorneys, employees authorized volunteers, and elected officials as additional insured's for liability arising from ATS's operation. b. Worl<!rs Compensatipn as required by applicable ~tate law, and Emplo~'ers' Liabilit~1 insurance \~ith limits of not less than $500,000 each accident; ATS shall at all times maintain worker's compensation Insurance coverage in the amollnts required by law, but shall not be required to provide such coverage for any actual or statutory employee of Customer. c. Comprehensive Business Automobile Liability Insurance for all owned, non-owned and hired eutomobiles and other vehicles used by ATS with a ll1inimum $1,000,000 per occurrence colt)bjned single limit bodily injury and properly dcilmage. The Customer and its officers and employees, shall be named as additional insured on the comprehensive general liability policies providsd by ATS LInder this Agreement. ATS shall require ally subcontractors doing work under this Agreement to provide and maintain the same insurance, which insurance shall also name the C.ustomerand its officers and directors, agents. attorneys, employees, :EilllhOriled volunteers, and elected officials as additional insureds. Certificates silowing ATS is carrying the above described insurance, and evidencing the additional insured status specified above, $hall be furnished to the Customer within thirty calendar days after the da~e on which tllis Agreement is made. Such certifioates shall show that the Customer shall be notified of all cancellations of such insurance policies at least. 30 days In advance of such cancellation. ATS shall forttwljlth obtain substitute insurance in the event of a cancellation. Inasmuch as the Customer is a body politic and corporate, the laws from which Customer derives its powers, insofar as the same law regulates the objects for which, or manner in Which, or the concerns under which, the Cw;;to/'l'ler lijay enter into this Agreement, shall be cohtroiling and shall be incorporated by reference into this Agreernent. The customer shall be responsible for vehicle ins~lrance coverage on any vehicle,s driven by Cllstolnet employees. Coverage willlhcilide liability and collision damage. 12. STATE LAW TO APPLY: This Agreement sl1(\l1 be construed under anci in accordance with the laws of the Slate of Florida. Confidential Page 4 of 17

83 13. DISPUTE RESOLUTION: a. All disputes arisin~ Qut of or in connection with the Agreement shall be attempted to be settled through good-faith negotiation between senior management of both parties. followed if necesspry within thirty (30) days by professionally~assisted mediation. Any mediator so designated must be aoceptable to each patty. The mediation will be conducted 8S specified by the mediator and agreed upon p~' the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resollttion of the dispute. The mediation will be treated as a settlemeht disclission and therefore, unless otherwise prohibited by state law, will be confidential. The mediator may not testify for either party In any later proceeding relating to the dispute. No recorchng or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. b. Failing resolution thro~lgh negotiation or mediatioh, any remaining dispute shall be submitted to binding arbitration in accordance with the Arbitration RLjles for Professional Accounting and Related Services Displites of the American Arbitration Association ("AM Rules") before a single arbitrator. The place of arbitration Will be mlltuall~1 agreed upon within 14 days of a decision to seel< arbitration, but shall be located in Clay County, Florida. Limited discovery will be perm l ue~ in connection With the arbitration lipon agreement of the parties or upon a showing of substantial need by the party seeking discovery. The arbitrator's decision &hall follow the plain and natural meaning of the relevant documents, and shall be final and binding. The arbitrator will have no power to award (i) damages inconsistent with the Agreement or (Ii) punitive damages or any other damages not measured by the prevahij19 party's actual damages, and the parties expressly waive their right to obt~in sllch damages in arbitration or in any other foruin. All aspects of the arbitration will be confidential. except as prohibited by state law. Neither the parties nor the arbitrator maydlsclos8 the existence, content or results of the arbitration, except as necessary to comply with legal or reg~llatoiy requirements. Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and costs silall be recoverable by the prevalllng party as determined by the arbitrator. If a party falls to pay slich silare promptly upon demand, the arbltrcltor shall, upon Written request by the other party, enter a final and binding decision against the nonpaying party for the full amount of such share, together with an ~ward of attorney's feas ~nd costs incurred by the other party in obtaining slicl1 decision, which decision may be entered in any court of competent jurisdiction. txcept for the f~liure of a party to pay arbitration fees and costs tllat reqllires resort to the arbitrator to order slich payment, the padies will bear th~ir own a.ltorneys' fees in any matter or di~pllte uhder this Agreement. 14. AMENDMENTS TO TI~E AGREEMENT: Ihe Customer may from time to time consider It in I~s best Interest to chang~, modify or extel1d term, oonditions or covenants of this Agreement or require changes il) the scope of the SeNices to be performed by ATS, ot request ATS to perform additional services regardless of and withoot Invalidating the process that was lised to procure the services enumerated under this Agreement. Any slich Change, addition, deletiollr extension or modification, including any increase or decrease In the amo!.lot of ATS's compensation. which are mutljally agreed upon by and between the C~Jstomer and ATS shall be incorporated in written ahlendments (herein called ioamenclments") to this Agreement. Such Amendments shall not Invalidate the procurement process or this Agreement nor relieve or release ATS or the Customer of any of its obligations under this Agreement unless stated therein. '15. LEGAL CONSTRUCTION: In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, sllch invalidity, illegality, or unenforceabilily shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision hacj nm been contained herein. 16. PRIOR AGREEMENT SUSPENDED: Confidential PAge 5 of 17

84 This Agreernent constitutes the sale and only agreerl1enl of the parties and supersedes any prior understanding. written or oral; between the parties respecting the written subject matter. 17. NO AGENCY: ATS is an indepencjent contractol' providing services to the Customer and the employees. agents and servants of ATS shall in no event be considered to be the employees, agents, or servants of the Clistomer. This contract is not intendeo to create an agency relationship between ATS and the Customer. 18. FORCE MAJEURE: Neither party will be liable to the ot1er or be deemed to be In breach of this agreernent for any failure or delay in rendering performance arising out of causes beyond lts reasonable control and without its fault or negligence. Such causes may include but are not limited to. acts Of God or the pljblic enemy, 1errorl$I'\'. significant fires, floods. earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or governmental authorities approval delays which are not CCil..lSed by any act or omission by A TS. The party \'"hose performance is affected agrees to nolify lhe other promptly of lhe existence and nature of any delay. 19. TAXES; In the event that an}' excise. sa les or other taxes are clue relating to revenues generated under this Agreement. the Customer will be responsible for the paymel1t of such taxes. However, this shall not obligate the Ctlstomer to pay ally income taxes levied on ATS. Furthermore, ATS shall bear sale responsibility for payment of any tangible personal properly taxes imposed on any of its equipment inst,alled l.inder the terms of this Agreement. 20. NOTICES: Any notices ot demand which under the terms of this Agreement Or under ah~' statute must or may be given or macle by ATS or Customer shall be in writing and shall be given or made by personal service, telegr~m, first class mail, FedEx, or by certified or registered mail to the parties at the following address: City of Green Cove Springs, Florida 321 Walnut Street Green Cove Springs, FL32043 Attn: City Manager American Traffic Solutions, Inc E. Gray Rd Scottsdale, AZ Atln' Chief Operating Officer City of Green Calle Springs, Florida 321 Walnut Street Green Cove Springs, FL Attn: Chief of P.2,lice Confk!oqti<ll Page6 of 17

85 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date on Page 1. AMERICAN TR.:ALUTIONS, INC. Adam E. Tuton, EVP/COO CITY OF GREEN COVE SPRINGS, FLORIDA.~01- Mayor ATTEST: Confidential Page

86 Exhibit A ATS SCOPE OF WORt" 1. AMERICAN TRAFFIC SOI-UTIONS (ATS) SCOPE OF WORI<. 1.2 ATS IMPLEMENTATION 1.2,1 ATS agrees to provide a turnkey solution for Camera Systems to the Customer wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of ATS, except for those items identified In Seotlon 2 titled "Customer Scope Of Worl<". ATS and the Customer understand and agree that new or previously unforeseen requirements may, froll) time to time, be idei1tifiecl and that the parties sllall negotiate in good faith to assign to the proper party the responsibility al1d cost for such items. In general, if \'>/ork is to be performed by the Customer, unless otherwise specified, the Customer shall not oharge ATS for the cost. All other in-scope wori(, external to the CUstomer, is the responsibility of ATS ATS agrees to mal<e every effarl to adhere to the Project Time Line agreed upon pelween tl,e parties. '1.2.3 ATS will assist the Clistomer ~vith video evaluation of candidate sites using the Axsis VIMS sysleni ATS Will install Camera Sys ems at a number of intersection or grade crossing approaches to be agreed upon between ATS and the Customer qfter tompletio,) of Site analyses. In addition to any inltlal locations, the parties may agree from tlrhe to time to add to the quantities and locations where Camera Systems are installed and maintained ATS will operate each Camera System on a 24 -hour basis, barring downtime for maintenance and normal servicing activities ATS' in-house marketing department will assist the Customer with public information and outre~ch campaign stra.tegles. In addition, depending upon the agreecl-upon strategy, ATS may pay for agreed upon extra scope exj:>epdi\ures for publio relations consultants, advertising, or media relations provided that ~uch extra scope expenditures will be reimbursed to ATS from collected revenues ATS agrees to provide a secure web site (vii'ww.vioiaiioninfo.com) accessible to citation recipients (defendants) by means of a Notice /I and a PIN, which will allow violation Image and video vle'nlng THe Customer and ATS will complete the Project Business Process Work Flow design within thirty (3D) calendar days of contract slgj)al~lre. 1,2,9 A TS normally' shall provide technician site visits to each Camera System once per month to perform prev'entive maintenance checl<s consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning;lnspectiol) of exposed wires; and general system inspection and maintenance. 1. ~ 10 A IS shall repair a (lon-functional Calne~a System within 72 business hollrs of determination of a malfunction. 'l.2,11 ATS shall repair the Axsis VPS s~'stem within 1 business day from the time of the outage. Outages of Customer internet connectiot s or infrastrlloture are excluded frqm this service level. Conndentlnl Page

87 For any city using ArS lockbox or epayment $ervfces, ATS will est~blistl ~ demanq deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. 8ank. At! funds collected on behalf of the Customer will be deposited Ih this accolint aild transferred by Wire the fir~t business day of each week to the Customer's primar~' deposit banl<, The Customer will identify the account to receive funds wired from U.S. Bank, Customer shall sign a W-9 and blocl<ed accolln agre~ment, to be completed by the Customer, to ensure the Cus(omer's financial interest in said U.S. BanJ< account is preserved ATS will design fabricate, and install red light camera warning signs. 1,3 ATS OPERATIONS ATS shall provide the Customer with an optional one-time warning period up to ninety (90) days in length at the outset of the program ATS shall provide the Customer yvith an automated web-based cilqtion processing system (AX~ls'TM VPS) including Image processing, 1 51 notice color printing and mailing of Citation or Notice of Violation per chargeable event and a 2 nd notice mailing of a text only reminder notice. Each Citation or Notice of Vioiation shall be delivered by First Class mail to the registered owner wit11ln the statutory period. Mailings to owners responding to first notices identirjing drivers in affidavits of non-liability or by rental car companies are also included according to each pricing option Subsequent Pre-collection letters (over and above the 1 $\ notice and a 2"d reminder notice as identified in Seetio!) 1.3,2 above) may be delivered by f:"irst Class or other mail meqns for additional compensation to ATS as agreed by the parties in Schedule 1. '1.3.4 ATS shall apply an electronic signature to the citation when authorized to do so by an approving law enforcement officer. ' ATS shall obtain in-state vehicle registration informauoh necessaty to i$~\..le citations assuming that it is named as the Customer's agent ATS shall seek records from oul-of-state vehicle registration databases and apply records found to Axsis to issue citations for the ClIstomer according to eaoh pricing option If Customer is unable to or does not desire to integrate ATS data to Its hearing officer process system, ATS shall provide an on-line module, which will enable the h~aring officer to teview cases, related images, correspondence and other related Information required to adjudicate the disputed citation. The system will also enable the designated hearing officer staff to accept and account for payments. Any costs chargee! by a third party vendor to integrate the ATS system to a hearing officel' computer system shall be bema by the Customer. AlS may agree to cover the$e up front costs and recover the costs from the collected revenue in addition to its normal fees. 1.3,8 The AxsisTM VPS system, which provides the Customer with ability to run and print any arid all standard system reports, 1,3.9 if required by the court or prosecutor, ATS shall provide the Customer with, or train Cl local expert witness able to testify in COlJrt on mallers relatillg to the accuracy, technical operations, and effectiveness Qf the Axsis n, System until judicial notice is taken In those instances where d~mage to a Camera System or sensors is caused by negligence on the part of t~1e Customer or Its al!ul0rized agent{s), ATS will provide Customer an estimate of the cost of repair. Upon authorization to proceed with the repairs or replacement, ATS sl1all replace or repair any damaged equipment and invoice) for the pre-approved repair cost. ATS shall bear the cost to replace or repair equipment dalnaged in all other circlimstances. Confidential Page g of 17

88 ' ATS shall provide a help line to help the Customer resolve any problems encountered regarding its Red Ligllt Camera System andior citation processing, The help line slla1 1 funotion during normal business hollrs.. 1,3,12 As part of Its turnkey system, ATS shall provide violators with the ability to view violations online, This online viewing system shall include a link to the ATS payment website(s) and may offer the opportunity to download an affidavit of non-liability online, Ohline obtaihed affidavits, if approved, sl1all be directed to and processed by ATS and communicated to tl19 hearing officer and/or their ~e$pectlve staff via the Axsis VPS transfer described above. 2. CUSTOMER SCOPE OF WORK 2,2 GENERAL IMPLEMENTATION REQUIREMENTS 2.2,1 WithIn 7 bllsiness days of contract execution. the Customer shall provide ATS with the name and contact information for a project manager whh authority to coordinate Customer responsibilities under the Agreement Prior to Cl!stomer going live, the CLlstomer shah provide ATS with the name snd contact information for a hearing off;cer or special magistrate manager responsible for oversight of all Court-relElted program requirements,. 2,2.3 The Customer shall rnal<e every effort to adhere to the Project Time Line to be agreed upon between the pariles, 2,2.4 The Customer shall dired the Chief of Police or approved alternate execute the ATS D'rv1V S~lb$cribet ServiCes Agreement (Schedule 2) to provide verification to the state Department of Motor Vehicles, National Law Enforcement Telecommuniqations System, or appropriate authority indicating that ATS is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U,S,C. 2721, Section (b) (1) and as mpy otherwise be provided or required by any provision of applicable state law.' 2,2,5 The Customer and ATS shall complete the Project Business Process Worl~ Flow design within 30 calendar days of contract signature, 2,3 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.3,1 If the Customer chooses to move a Camera System to a hew approach after Initial im:ltallatioll. It shall pay the costs to relocate the System. 2,3,2 The Customer, SLlbject to FDOT or Counly approval, shall provide access to traffic signal phase oonnec\ions ~ccording to approved design. 2,3,3 Customer will assist ATS in aocessing power from existing power sources 9t no oost and shall assist access to traffic signal phase connections to a pull box, poie base, or controller cabinet nearest to each Camera System within the Custolner's jurisdiction, The costs of any additional Conduit or power infrastructure needed to support installation of the Camera System s\1;;l1l pe funded by Customer. ATS may agree to cover these up front costs and recover the costs from the colleoted revenue in addition to Its normal fees, 2,3.4 ATS wiil provide installation drawings stamped by a licensed civil engineer, SUch draviings shall conform to applicable engineering norms and reflect the details of installation worl< to be completed, The Customer shall make every e fort to approve or reject ATS submitted plans within 7 business days of receipt. ATS and CUstomer will endeavor to approve lhe plans in a tlmely mariner. Confidential Page 10 of 11

89 2.3.6 The Customer shall not charge ATS or its subcontractor for building, construction, electrical. street lise and/or pole attachment permits The Customer shall make every effort to issue all needed pannlts to ATS and it s subcontractors within '3 days of plan approval If state legislation is approved, Cllstomer shall not prohibit ATS to install vehicle detection sensors in the pavement of roadways within the Customer'S jurisdiction, and after r quired permits have been approved and written autllorization of approval from Customer is received Clls!omer shall allow ATS to build needed Infl'Clstructure into any existing Customer owned easement as necessary. 2A If LIse of private property right of way is needed, Customer shall assist ATS in acquiring permission to build in existing utllit~' easements as necessary. Any additional cost, if reasonable, for private property right of way lease/rental costs shall be borne by ATS. POLICE DEPARTMENT OPERATIONS The Police Depaliment shall process each potenli~1 v i ol ~ tion in accordance with State Laws and/or City Ordinances within 3 bl1siness days of its appearance in the Police Review Queue, lising Axsis m to determine which violations will be Issued as Citation's or Notices of Violation Police Department workstation computer monitors ror citation review and approval should provide a resolution of 1280 x For optimal data throughput, Police Department worl<s~ations shoukl be connecteq to a highspeed internet connection with bandwidth 01T-1 or greater Police Department sl1all provide signatur~s of all authorized police users who will revlf;lw events and approve citations on forms provided by ATS. 2.5 COURT OPERATIONS If Customer does not provide payment processing services, Customer shall USe ATS payment pr::jcessing services. The fees for lool~box and epayment services are presented on Schedule ,2 The CUstomer is responsible for providing a hearing officer/staff and facihti<;!s to sci}edwle anq hear disputed citatiohs The Customer shall provide 1118 specific text required to be placed on the violation notice to be Issued by ATS within 30 oalendar days of contract signature The Customer sf1ali approve tile Citation form within 16 days receiptfrom AlS ihe heari ng otficerlst~h sha.ll handle inbound and outbound phone calis and correspondence from defendants who have questions abollt disputes, and other issues relating to citation adjudication. The hearing officer/staff may refer citizens with questions regarding ATS or Axsis technolom' and processes to websites and/or loll-free telephone numbers provided b~j ATS for that purpose Within 10 days. after expiration of a second notice, Customer shall purslj(; delinquent collectic>hs of unpaid notices with an existing contractor or ATS, If the Customer directs ATS to develop an Interface with a hearing officer processing system, any costs will be reimpl,.lrsed to AlS from collected revenues in addition to its normal fees. Any costs must be preapprovea by Customer in Writir 9. Confidential Page 11 of 17

90 2.6 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS In Ihe event that relnote access to the r\ts AXsis VPS System is blocked by Customer network security Infrastructure! the Customer's Department of Information Technology shall coor~inate with ATS to facilitate appropriate communications while maintaining required secluily measures. Confldential Page 12 of 17

91 Schedule 1 Saniies Fee Schedule 1.0 Fees are based on per oamera (intersection approach) per day and are as follows: Option 1 fee: Tiered Fee per Paid Citatioil (one camera, (ear imaging) First Tier Fee: First three paid notices per day in a monti" per camera {Le. first 9.0 paid per month} $47.50 Second Tier Fee; Next two paid notices per day in a month, per camera (I.e. 9'1-'150 paid per month) $27.50 Third Tier Fee: All other paid nolices per day In a month, per camera. (i,e paid per month) $17.00 Option 2 Fee: Fixed Fee per Month, per Camera (one camera, rear imaging) Red light Camera Enforcement Solution $4, Customer has sixty (60) days to select pricing option from the date of contract signing Of the passage of state authorizing legislation. whichever is later. However if state legislation makes the program financially unfeasible, either part)' may terminate this Agreement prior to lhe installation of the first camera system. 2.0 Service Fees: Service Fees in Option 1 Fee are for the program in fotality and averaged across all cameras. Fees for Option 1 and Option 2 Fee include red light camera equipment for a 4-lan9 approach wilh lip to si~nal phas'~$, in$tallatlon, maintenance, violatlqn prqcesslng services, DMV records access, mailing of 1~ notice in color witll return envelope and mailing of 2 nd notice, web-payments access With convenience fee, call center $UPport for general program questions and public awareness program slipport. 3.0 Option Services; ATS will initiate collection efforts of delinquent notices upon written request by Customer, ATS will be entitled 'to receive portions of the collected revenue as noted below. The maximum is 30% total for both pre-collection and collection. For those accounts in default that go to oollection, this is in addition to ollr Fees noted above. Pre-Collection Letters Delinquent Collections Services 10% of Recovered Revenue 30\1/0 of Recovered Revenue Conflc!e1Ual Page 13 of 17

92 Soh~dule 2 Initial Cam9t'a Locations The Customer will designate first phase implementation of cameras at designated Intersections. ATS shall make its best efforts (0 install a camera system within thirty (30) business cltws of rece1pt of approved permits ahd power delivered for each agreed upon inlersectlon approach, providing that the customer has received permission for all implementations in writing from any third-party sources. Implementation and installation of any intersection approach is subject to video anelysis and engineering results. Additiohal intersection approaches may be selected in addition to first phase implementation and may be selected based on collision lilstoly, law ehforternent input, cqnimunity safely and recommendations from Customer and engineering feasibility assessment. ATS can provide the Customer with video evaluation of candidate approacl, sites using the Axsis VIMS system to assist the Customer in its recommendations. Confide,tial Paue 14 of 17

93 Exhibit B Aclmowledgement and Consent This AcknoWledgement and Consent, dated as of,i II ' ~ I» II {', is entered into by and between the City of Green Coves Springs, FL, Florida (ihe "CustomsI'") 6nd America Traffic Soll,l((ons, Inc., a Kansas Corporation ("ATS"), with reference to the Professional Services Agreement daled as of (-\. ), I ~ ::to), 2010, by and be~ween tile Customer and ATS (the "Agreement"), I 1. ATS has entered in a Credit Agreement, dated as of September 22, 2005 (the "ATS Credit Agreemenl"). with Harris NA (the 'BanJ<"), pursliant to which the Bank has provided certain financing to ATS. Sucli credit facilities will provide ATS the working capital that If needs to perform its obllgatiol'ls to the Customer Under the Agreement. 2. Pursuant to ArS Credit Agreement, ATS has granted Bank a security Interest in all of AlS's personal property as collateral for the payment and performance of ATS's obligations to the Bank under the ATS Credit Agreement. 3. ATS will not, by virtl1e of the ATS Creclit Agreement, be relieved of any liability or obligation under the Agreement. and the Bank has not assumed any liability or obligation of ATB under tile Agreement. 4. The Customer hereby aclmowleqges notice of, and consents to, ATS's grant of such security Interest In favor of the Bank in all of ATS's rights and interests under the Agreement pursuant to the ATS Credit Agreemant. 5. All payments due and to become due to ATS pursuant to the Agreement shah continue to be paid dlreotly to ATS, linless and lintii the Bank notifies the Customer in writing to do otherwise. If the Bank so notifies the Customer, the Customer will immediately cease making such payments and distributions to AlS and will as soon as possible, but in any event within 5 days after receiving such notice, remit all suetl payments directly to the Bani, at 111 West Monroe Street. Chicago, Illinois 60603, ATS agrees that any such payment to the Bank shall be a good receipt and acquittance as against it - that is to say, the Custarner should make the payment directly to the B~nk an<lln so doing, the Customer discharges any liability to ATS for the payment, and the Customer shall have no obligation to ATS to investigate whether the 8ank has any right to make such a direction. 6. The Customer further acl<nowledges and agrees that this Acl~nowledgement and Consent shall be binding upon the Customer anel shall insure to the benefit of th'8 successors and assigns of the Bank and to any replacement lender which refinances ArS's obligations to the Bank under the ATS Credit Agreement. ConfldenUal Page '15 of 17

94 IN WITNESS WHEREOF, the Cuslomer and ATS have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. AMERICAN T~FIC SOLUTIONS, INC. c /# Adam E. Tuton, EVP/COO CITY OF, GREEN C:rf SPRINGS, Don 80wles, City Man ATTEST: Mayor Confidential Page 16 of 17

95 ~. Schedule 3 DMV Subscribe.. Ag.. eement DMV Services Subscriber Agreement ATS requires that your agency certify the intended use of the information made available to your agency through our services and that such uses are in compliance with the Federal Driver's Privacy Protection Act Title XXXI ahd other applicable laws governing dissemination of public records, Based on your age nets intended use of such Information, ATS will either grant permission to use the service or deny the application. Please specify any of the following permissible uses under :l721 that apply: o (1) o (4) o (7) o (10) For lise by any government agency, including any court of law enforcement agency, In carrying out its functions, 01' any private person 01' entity acting on behalf of a Federal, State or local agency In cal'ing out its functions, For use in connection with any civil, criminal administrative, or arbitral pl'oceedlng in any Federal, State, or local court or agency or before any self-regulatory body, including lhe service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court, For use in providing notice to the owners oftow~d or Impounded vehicles, For use in connection with the opel'atioj1 of private toll tl'ansportation facilities, In conslc1eratlon of AT$ mal~ilig its Services available, Subscriber agrees to: i) utilize ATS provided data only fol' the purpose(s) specified above; and II) request such infol'lllation only for the Subscriber's exclusive lise in the ordinary course of Subscriber's business alld not for resale, I certified that I am authorized to execute the $Ubscl'ibe lise Certification on behalf of the Subscriber listed below. On behalf of such Subscriber. I certify that the above statements al'e true and correct Subscriber aclql0wledges and agrees that ATS may from time to time audit Subscriber's use of ATS's Services to ensure that such use is collsistent with the Intended Llses set forth above and with all applicable laws, This agreement shall be for _ year{s) commencing on the date bel<;>w and shall 3utoma.ically renew annually, This agreement may be terminated within thirty (30) days notice of the anniversary date, annually. SUBSCRIBER INFORMATION Subscriber Agency/Name: Green Cove Springs FL NlETS Agency ORI: Name of Authol'ized Representative: Title of Authorized Representative: Mallinn Addl'ess: I 321 Walnut Street City: Green Cove Springs ~tate 1 FL Telephone: ( ) - J Fax: J.) ~ I Zip Code: Signatul'e of Authorized Relm~selltative: Date Signed: Confidential Page 17 ()f 17

96 AMENDMENT NO.1 TO TH E PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GREEN COVE SPRIN GS AND AMERICAN TRAFFIC SOLUTIONS This Amendment No. 1 (the "Amendment") to the Professional Services Agreement between the City of Green Cove Springs and American Traffic Solutions, Inc. dated April 20, 2010 (the "Agreement") is made and effective as of this ')"fb. day of Sj> f~r", ~b a..c, 2010 by and between the City of Green Cove Springs, Florida, a ml!lnlclpal corporation (herem "Customer" or "City") and American Traffic Solutions, Inc., a Kansas corporation (herein "ATS"). Recitals WHEREAS, on or about March 17,2009, the City adopted Ordinance No , codified at Chapter 74, Article IV of the City's Code of Ordinances, providing for the enforcement of red light violations using traffic infraction detectors (the "Ordinance"); and WHEREAS, on or about April 20, 2010, the City and ATS entered into the Agreement, whereby the City and ATS agreed to the provision by ATS of services to the City in connection with the enforcement of the Ordinance; and WHEREAS, on or about May 13, 2010, the Governor of the State of Florida signed CS/CS/H 8325 into law, resulting in the Law of Florida taking effect on July 1, 2010; and WHEREAS, Law of Florida expressly authorizes municipalities to use traffic infraction detectors to enforce certain provisions of Chapter 316 of the Florida Statutes, subject to certain requirements; and WHEREAS, the City has amended Ordinance No with Ordinance and Chapter 74, Article IV of the City's Code of Ordinances to provide for the enforcement of red light violations using traffic infraction detectors in accord with the provisions of Law of Florida ; and WHEREAS, the City and ATS wish to amend and modify the Agreement to align the provision of services by ATS with the provisions and requirements of Law of Florida ; Terms and Conditions NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ATS and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1. Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. \':ww.n t ~ o l C(l rn C '.\ l'/w.rodliohtclj IIlCfil.conl '.'J'.' /W.P l.a l e Pn~;!". (:alll

97 2. Definitions. Except as otherwise specified herein, all capitalized terms used in this Amendment shall have the meanings given to them in the Agreement. Section 1 of the Agreement is amended as follows: (a) (b) The definitions of "Citation" and "Paid Citation" are deleted. The definition of "Violation" is deleted and replaced with the following: "Violation" means a violation of Section (1) or (1)(c)1 of the Florida Statutes and the Ordinance, as may be amended or re-codified from time to time. (C) The following definitions are added: "Notice of Violation" means a written notice of a Violation or equivalent instrument issued by or 'on behalf of Customer relating to a Violation documented or evidenced by a Camera System. "Traffic Infraction Enforcement Officer" means an employee of Customer's police or sheriff's department who meets the qualifications of Section (5)(a) of the Florida Statutes, as may be amended or recodified from time to time. "Uniform Traffic Citation" means a uniform traffic citation as described in Section of the Florida Statutes, as may be amended or recodified from time to time. 3. Term and Termination. Sections 4.b, 4.c and 4.d.iii) of the Agreement are deleted and Sections 4.b and 4.d.iii) are replaced with the following: b. The term of this Agreement shall be for five (5) years beginning on the date of first issued Notice of Violation from the last installed Camera System in the first authorized phase of Camera Systems (the "Start Date") and may be automatically extended by the City for successive periods of up to five (5) year(s) each. However, Customer may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement one hundred and twenty (120) days prior to the expiration of the current term. iii) For legal reasons, by either party in the event that state legislation or a decision by a court of competent jurisdiction against a party prohibits the enforcement of Violations using image-capture technology. In any termination for legal reasons, ATS shall retain only what has been paid to ATS prior to the termination and any fees related to the processing of violations in the "pipeline" pursuant to section 4.e. below. 4. Fees and Payment. Section 6 of the Agreement will now include this wording as follows: Confidential Page 2 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

98 Flexible Payment Plan. During the term of the contract, payments by the Customer may be made to ATS under a Flexible Payment Plan. Under the Flexible Payment Plan, the Customer may defer certain payments to ATS until the Customer has collected sufficient funds pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient funds have not been collected by the Customer to pay the balance then due to ATS, ATS agrees to waive its right to recovery of any outstanding balance. For purposes of this clause, the term "funds" means the revenue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. This clause will be applied as follows: ATS will maintain an accounting of any net balances owed to ATS. If the amount collected during a billing period exceeds the amount of ATS invoices during the same period, the Customer shall pay ATS the total amount due. If the amount collected during a billing period is less than the amount of ATS invoices during the same period, the Customer shall pay ATS the amount collected, and may defer payment of the remaining balance.. Payments due to ATS shall be reconciled by applying future funds collected, first to the accrued balance, and then to the invoice for the current billing period. At any time that ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected during that billing period. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future ATS invoices. 5, follows: No Agency. Section 17 of the Agreement is deleted and replaced as ATS is an independent contractor providing services to the Customer and the employees, agents and servants of ATS shall in no event be considered to be the employees, agents, or servants of Customer. Except as expressly provided herein, this Agreement is not intended to create an agency relationship between ATS and the Customer. 6. Scope of Work. Exhibit A to the Agreement is deleted and replaced with Exhibit A to this Amendment. 7. Service Fee Schedule. Schedule 1 to the Agreement is deleted and replaced with Schedule 1 to this Amendment. 8. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the Agreement, and any other contract documents, the terms of this Amendment shall prevail and control. 9. Entire Agreement. The provisions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the Confidential Page 3 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs. FL

99 parties with respect to the subject matter hereof. All representations and promises made by any party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as amended by this Amendment, the terms of the Agreement shall continue in full force and effect. 10. Counterpart Execution. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which tal<en together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. 11. Sunshine Law Applicability. Upon reasonable request, ATS shall cooperate with the City in complying with the Florida Sunshine Law. [Remainder of Page Intentionally Left Blank] Confidential Page 4 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

100 IN WITNESS OF TH E FOREGOING, the parties have set their hands and seals the day and year first written above. By : '7f-:~~'="':-'-=--;"""' _ Date: J 0'1 1/0 ATTEST: American Traffic Solutions, Inc. By: Confidenlial Page 5 or 14 Green Cove Springs FL_ATS Contract Amendmenl_ Cily or Green Cove Springs. FL

101 EXHI BIT A SCOPE OF WORK 1. AMERICAN TRAFFIC SOLUTIONS (A TS) SCOPE OF WORK 1.2 ATS IMPLEMENTATION ATS agrees to provide the solution for Camera Systems to the Customer as described in this Agreement, except for those items identified in Section 2 titled "Customer Scope Of Work". ATS and Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign to the proper party the responsibility and cost for such items. In general, if work is to be performed by the Customer, unless otherwise specified, Customer shall not charge A TS for the cost. All other in-scope work, external to Customer, is the responsibility of ATS ATS agrees to make every effort to adhere to the Project Time Line agreed upon between the parties ATS will assist Customer with video evaluation of candidate sites using the Axsis VIMS system ATS will install Camera Systems at a number of intersections or grade crossing approaches to be agreed upon between ATS and Customer after completion of site analyses. In addition to any initial locations, the parties may agree from time to time to add to the quantities and locations where Camera Systems are installed and maintained A TS will operate each Camera System on a 24-hour basis, barring downtime for maintenance and normal servicing activities ATS's in-house marketing department will assist Customer with public information and outreach campaign strategies. In addition, depending upon the agreed-upon strategy, ATS may pay for agreed upon extra scope expenditures for public relations consultants, advertising, or media relations provided that such extra scope expenditures will be reimbursed to ATS ATS agrees to provide a secure web site ( accessible to Owners who have received Notices of Violation or Uniform Traffic Citations by means of a Notice # and PIN, which will allow violation image and video viewing Customer and ATS will complete the Project Business Process Work Flow design within thirty (30) calendar days of contract signature. Confidential Page 6 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs. FL

102 1.2.9 ATS shall normally provide technician site visits to each Camera System once per month to perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and general system inspections and maintenance ATS shall repair a non-functional Camera System within 72 business hours of determination of a malfunction ATS shall repair the Axsis VPS System within 1 business day from the time of the outage. Outages of Customer internet connections or infrastructure are excluded from this service level For any city using ATS lockbox or epayment services, ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. BanI<. All funds collected on behalf of the Customer will be deposited in this account and transferred by wire the first business day of each week to the Customer's primary deposit bani<. The Customer will identify the account to receive funds wired from U.S. Bank. Customer shall sign a W-9 and blocked account agreement, to be completed by Customer, to ensure Customer's financial interest in said U.S. BanI< account is preserved ATS will design, fabricate, and install red light camera warning signs. 1.3 ATS OPERATIONS ATS shall provide assistance to the Customer for a public announcement and awareness campaign required 30 days in advance of the commencement of the Customer's program ATS shall provide Customer with an automated web-based citation processing system (Axsis VPS) including image processing, color printing and mailing of a Notice of Violation per chargeable event. Each Notice of Violation shall be delivered by first class mail to the Owner within the statutory period. Mailings to Owners responding to Notices of Violation identifying drivers in affidavits or non-liability or by rental car companies are also included according to each pricing option ATS shall act as Customer's agent for the limited purpose of making an initial determination of whether Recorded Images should be forwarded to the Traffic Infraction Enforcement Officer to determine whether a Violation has occurred and shall not forward for processing those Recorded Images that clearly fail to establish the occurrence of a Violation Text only reminder notices may be delivered by first class or other mail means for additional compensation to ATS as agreed by the parties in Schedule 1. Confidenlial Page 7 of 14 Green Cove Springs FL_ATS Conlract Amendment_ Cily of Green Cove Springs, FL

103 1.3.5 Upon expiration of the due date of the Notice of Violation, Axsis VPS shall issue a Uniform Traffic Citation, which shall be delivered by certified mail to the Owner within the statutory period. The issuance of the Uniform Traffic Citation shall be based on the Traffic Infraction Enforcement Officer's approval, as provided in Section 2.4 of this Exhibit A, of the Notice of Violation ATS shall make available a form of affidavit, approved by Customer, to be used by an Owner who wishes to establish the existence of an exemption to a Notice of Violation or Uniform Traffic Citation as provided in Section (1 )(d)1 of the Florida Statutes, as may be amended or recodified from time to time Axsis VPS shall apply an electronic signature to a Notice of Violation or Uniform Traffic Citation, when authorized to do so by an approving Traffic Infraction Enforcement Officer ATS shall obtain in-state vehicle registration information necessary to issue citations assuming that it is named as Customer's agent for these purposes ATS shall seek records from out-of-state vehicle registration databases and apply records found to issue Notices of Violation and Uniform Traffic Citations for Customer according to each pricing option If Customer is unable to or does not desire to integrate ATS data into its adjudication system, ATS shall provide an on-line adjudication processing module, which will enable the adjudication function to review cases, related images, correspondence and other related information required to adjudicate the disputed Uniform Traffic Citation. The system will also enable the adjudication staff to accept and account for payments. Any costs charged by a third party vendor to integrate the ATS system to the adjudication system shall be borne by the Customer. ATS may agree to cover these up front costs and recover the costs in addition to its normal fees The Axsis VPS System shall provide the Customer with the ability to run and print any and all standard system reports If required by any court or prosecutor, ATS shall provide the Customer with, or train a local expert witness able to testify on matters relating to the accuracy, technical operations, and effectiveness of the Axsis System until judicial notice is taken In those instances where damage to a Camera System or sensors is caused by negligence on the part of Customer or its authorized agent(s), ATS will provide Customer an estimate of the cost of repair. Upon authorization to proceed with the repairs or replacement, ATS shall replace or repair any damaged equipment and invoice for the pre- Confidential Page 8 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

104 approved repair cost. ATS shall bear the cost to replace or repair equipment damaged in all other circumstances ATS shall provide a help line to help the Customer resolve any problems encountered regarding its Red Light Camera System and/or citation processing. The help line shall function during normal business hours As part of its Camera System, ATS shall provide Owners with the ability to view Violations online. This online viewing system shall include a link to the ATS payment website(s) and may offer the opportunity to download a form affidavit to establish an exemption under Section (1 )(d) of the Florida Statutes, as may be amended or recodified from time to time. Online-obtained affidavits submitted in response to a Notice of Violation or Uniform Traffic Citations, if approved, shall be directed to and processed by ATS and communicated to Customer via the Axsis VPS transfer described above. 2. CUSTOMER SCOPE OF WORK 2.2 GENERAL IMPLEMENTATION REQUIREMENTS Within 7 business days of contract execution, Customer shall provide ATS with the name and contact information for a project manager with authority to coordinate Customer responsibilities under this Agreement Within 7 business days of execution of Amendment No. 1 to the Agreement, Customer shall provide ATS with the name and contact information for a Uniform Traffic Citation manager responsible for oversight of all Uniform Traffic Citation-related program requirements Within 7 business days of execution of Amendment No. 1 to the Agreement, Customer shall provide ATS with the name(s), contact information, and electronic signature(s) of all Traffic Infraction Enforcement Officers authorized by Customer's police or sheriff's department to approve and issue Notices of Violation and Uniform Traffic Citations Customer shall establish a method by which an Owner who has received a Notice of Violation or a Uniform Traffic Citation may review the images and video evidencing the Violation at free of charge. This may be at a publicly available terminal at a Customer facility or by appointment with the Uniform Traffic Citation manager Customer shall make every effort to adhere to the Project Implementation Timeline to be agreed upon between the parties Customer shall direct the Chief of Police or approved alternate to execute the ATS DMV Subscriber Services Agreement (Schedule 2) to provide verification to the State Department of Motor Vehicles, National Confidential Page 9 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

105 Law Enforcement Telecommunications System, or appropriate authority indicating that ATS is acting as an Agent of Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law Customer and ATS shall complete the Project Business Process Work Flow design within 30 calendar days of contract signature. 2.3 STREETS AND TRAFFIC DEPARTMENT OPERATIONS If Customer chooses to move a Camera System to a new approach after initial installation, it shall pay the costs to relocate the system Customer, subject to FOOT or County approval, shall provide access to traffic signal phase connections according to approved design Customer will assist ATS in accessing power from existing power sources at no cost and shall assist access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the Customer's jurisdiction. The costs of any additional conduit or power infrastructure needed to support installation of the Camera System shall be funded by Customer. ATS may agree to cover these up front costs and recover the costs in addition to its normal fees ATS will provide installation drawings stamped by a licensed civil engineer. Such drawings shall conform to applicable engineering norms and reflect the details of installation work to be completed Customer shall make every effort to approve or reject ATS submitted plans within 7 business days of receipt. ATS and Customer will endeavor to approve the plans in a timely manner Customer shall not charge ATS or its subcontractor for building, construction, electrical, street use and/or pole attachment permits The Customer shall make every effort to issue all needed permits to ATS and its subcontractors within 3 days of plan approval Customer shall not prohibit ATS to install vehicle detection sensors in the pavement of roadways within the Customer's jurisdiction, and after required permits have been approved and written authorization of approval from Customer is received Customer shall allow ATS to build needed infrastructure into any existing Customer owned easement as necessary. Confidential Page 10 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

106 If use of private property right of way is needed, Customer shall assist ATS in acquiring permission to build in existing utility easements as necessary. Any additional cost, if reasonable, for private property right of way lease/rental costs shall be borne by ATS. 2.4 POLICE DEPARTMENT OPERATIONS Customer's Traffic Infraction Enforcement Officer(s) shall process each potential violation in accordance with State Law and/or Municipality Ordinances within 3 business days of its appearance in the Police Review Queue, using Axsis to determine which violations will be issued as Notices of Violation Within 7 days of the execution of Amendment No. 1 to the Agreement, Customer shall provide ATS with a form of Uniform Traffic Citation that complies with the provisions of Chapter 316 of the Florida Statutes, with the understanding that some modifications may be necessary to enable use with ATS's systems If an owner who receives a Notice of Violation fails to pay the statutory penalty or submit an affidavit that complies with all requirements provided in Section (1 )(d) of the Florida Statutes within the time period provided in Section (1)(b) of the Florida Statutes, the issuance of a Uniform Traffic Citation will automatically occur based on the prior Traffic Enforcement Officer approval of the Notice of Violation Customer shall provide ATS with instructions or specifications for the treatment of affidavits, with the understanding that some modifications may be necessary to ensure compatibility with ATS's processes Police Department workstation computer monitors for citation review and approval should provide a resolution of 1280 x For optimal data throughput, Police Department workstations should be connected to a high-speed internet connection with bandwidth of T-1 or greater Customer shall provide, on forms provided by ATS, signatures of all authorized Traffic Infraction Enforcement Officers who will review events and approve issuance of Notices of Violation and Uniform Traffic Citations. 2.5 COURT OPERATIONS If Customer does not provide payment processing services, Customer shall use ATS payment processing services. The fees for lockbox and epayment services are presented in Schedule 1. Confidenlial Page11of14 Green Cove Springs FL_ATS Conlract Amendment_ City of Green Cove Springs, FL

107 2.5.2 Customer is responsible for providing a judge or hearing officer and adjudication facilities to schedule and hear disputed Uniform Traffic Citations Customer shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes, and other issues relating to citation adjudication. Customer may refer citizens with questions regarding ATS or Axsis technology and processes to websites and/or toll free telephone numbers provided by ATS for that purpose If the Customer directs ATS to develop an interface with the court system, any costs will be reimbursed to ATS in addition to its normal fees. Any costs must be preapproved by Customer in writing. 2.6 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS In the event that remote access to the ATS Axsis VPS System is blocked by Customer network security infrastructure, Customer's Department of Information Technology shall coordinate with ATS to facilitate appropriate communications while maintaining required security measures. Confidential Page 12 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

108 1.0 SCHEDULE 1 SERVICE FEE SC HEDULE Description of Pricing Fees are based on per Camera and are as follows: Option 1: Flat Fee per Camera per Month (Plus certified mail processing surcharge of $4 per piece metered for mailing Uniform Traffic Citations - no return receipt): Option 2: Lane based pricing (Plus certified mail processing surcharge of $4 per piece metered for mailing Uniform Traffic Citations - no return receipt): o For 1 or 2 lanes o For 3 or 4 lanes o For 5 or 6 lanes Option 3: Base Fee Per Camera Per Month (Plus flat fee per service unit for individual work elements) Fee $4,750 $3,750 $4,750 $5,750 $2,750 o o o o o o For violation data transmission, first review, second quality review service, supervisory review, Traffic Infraction Enforcement Officer (TIEO) access and review portal Data acquisition fee per registered owner match Mail printing, processing, and handling service includes Notice of Violation (NOV) by first class mail and UTC by certified mail including bad address processing and r ing. Inbound call/customer service Affidavit processing service Payment processing service $6.50 $3.50 $7.50 $4.50 $4.50 $1.50 $1.50 o Data archival service Service Fees Include: Fee includes all costs required and associated with camera system installation, maintenance and on-going field and back-office operations. Includes red-light camera equipment for a 4-lane approach (except for Option 2) with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. Note: Customer will notify ATS which Pricing Fee Option to utilize within 30 days of Amendment being executed by both parties. 2.0 Most Favored Governmental Entities. ATS agrees that if, after the Effective Date of this Agreement it enters into an agreement for the same or substantially similar scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, that are Confidential Page 13 of 14 Green Cove Springs FL_ATS Conlract Amendmenl_ City of Green Cove Springs, FL

109 more favorable than the terms in the Agreement, the Customer may provide ATS with written notice explaining how the new agreement is for the same or substantially similar services and how the new agreement contains terms or conditions that are more favorable than the terms in the Agreement and requesting to negotiate an amendment to the Agreement (a "New Agreement Notice"). The parties shall act in good faith to negotiate an amendment to the Agreement that addresses, in a manner that is fair and equitable to both parties, the matters raised by the Customer in the New Agreement Notice. 3.0 Optional Collection Services: ATS may initiate collection efforts of delinquent notices upon written request by Customer, provided that such collection efforts are permitted by the County Court and consistent with law. ATS will be entitled to receive portions of the collected revenue as noted below. The maximum is 30% total for both pre-collection and collection. For those accounts in default that go to collection, this is in addition to our Fees noted above. Pre-Collection Letters Delinquent Collections Services 10% of Recovered Revenue 30% of Recovered Revenue 4.0 Optional Annual Training Conference: ATS provides a comprehensive user training conference for active photo traffic safety and enforcement clients. The conference's main focus is Training of the system. Core elements include training on implementation methods and improvements, operational monitoring and improvements, statistical analysis, public relations and technology assessment. The sessions include participation by industry members, industry speakers and panel discussions. The Annual User Conference will be held in Phoenix Metro area. Customer shall be invoiced $100 per month per attendee and can assign up to three (3) project team members to attend the Conference each year. The $1,200 fee per attendee will cover travel, accommodations and all related Conference fees. Pricing valid through September 30, Confidential Page 14 of 14 Green Cove Springs FL_ATS Contract Amendment_ City of Green Cove Springs, FL

110 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Presentation of Invoice #942 (Final) in the amount of $7, from Joseph L. Vaughn, Jr., P.A. for legal services relative to the Tillinghast Property. BACKGROUND: City Council originally approved a budget of$105,000 for the purchase ofthe Tillinghast Propeliy which is located adjacent to the public works parking lot and is now a retention pond. This budget was intended to cover the costs of the propeliy as well as all legal fees associated with the acquisition of the propeliy. As discussed in previous Council meetings, these fees have far exceeded what was anticipated due to the number of heirs involved with the propeliy ownership. In April, 2011, the Council approved an additional $43,000; however the expenditures, including the CUll'ent invoice now being presented, exceed the approved, combined budget of $148K by $12, The total expenditures, including the new invoice for $7,609.20, will be $160, Staff is presenting Mr. Vaughn's invoice in the amount of $7, for Council approval for payment and to inform Council that this line item will require a budget adjustment. It is staff's understanding there may be fuliher costs associated with the Tillinghast project, therefore the budget adjustment will be folihcoming after all costs are determined. FISCAL IMPACT: $7, per the attached invoice #942 to be charged to account # MOTION: Council authorization of pay invoice #942 from Joseph L. Vaughn, Jr., P.A. for $7, for legal work on the Tillinghast Property. SUBMITTED BY: APPROVED BY: Sue Heath DL~;VC

111 { JOSEPH L. VAUGHN, JR., P.A. ATTORNEY AT LAW 2468 Atlantic Boulevard Jacksonville, Florida Telephone: (904) \3 Facsimile: (904) Also Admitted in Alabama May 15,2013 L. J. (Jim) Amold, III, Esquire City of Green Cove Springs, Florida P. O. Box 1570 Green Cove Springs, FL (Via Only) RE: City of Green Cove Springs v. J. P. Tillinghast, et a1. and Nellie Tillinghast Hosmer, et a1. Case No. 07-CA-1638, Division B Guardian Ad Litem, Administrator Ad Litem, and Attomey Ad Litem INVOICE NO. 942 (Final Invoice) Dear Mr. Amold: Enclosed is our statement for services rendered (Invoice No. 942, dated today, May 15, 2013, for services rendered during the period after November 30,2012 through today, which I trust you find to be in order. The current balance due is $7, (refer to "Balance Now Due" highlighted on page 6 of the Invoice). The enclosed Invoice should constitute my final invoice in this matter, barring any unforeseen substantial additional time being required. While it is anticipated that I will have some minimal additional time in formally closing out my duties as the Court-appointed Guardian Ad Litem, Administrator Ad Litem, and Attomey Ad Litem in this matter, as a professional courtesy to the City of Green Cove Springs, there will be no further billings for any additional time on my part so long as any such time does not exceed an aggregate of five (5) hours, which I do not expect to occur. Please promptly forward this Invoice to the City of Green Cove Springs for processing payment pursuant to the prior Order Appointing Guardian Ad Litem, Administrator Ad Litem, and Attomey Ad Litem (to represent the interests of the multiple unknown heirs and devisees of J.P. Tillinghast and Nellie Tillinghast Hosmer), and the prior written agreement of the City of Green Cove Springs. As the enclosed Invoice is the final invoice in this matter and in consideration of the professional courtesy mentioned above, it will be greatly appreciated if the City can issue prompt payment for the enclosed Invoice at this time and allow me to pick the payment up from the City office rather than having it mailed (as has been the procedure on some occasions in the past). Payment should be made payable to JOSEPH L. VAUGHN, JR., P.A. It will also be appreciated if you will let me know that the City has received and the Invoice and when payment will be ready.

112 1. J. (Jim) Arnold, III, Esquire May 15, 2013 Page 2 of2 ATTACHMENT 1. Invoice No Thank you for your attention to this matter. Please call me if you have any questions. JLV Attachment as listed Very truly yours, 9 a er Joseph 1. Vaughn, Jr.

113 JOSEPH L. VAUGHN, JR., P.A Atlantic Boulevard Jacksonville, FL Ph: (904) Fax:(904) TfLLINGHAST, J.P., AND NELLIE TILLINGHAST HOSMER, ET. AL. adv. c/o James. A. Arnold, Esquire 718 North Orange Avenue, Post 0 ffice Box 1570 Green Cove Springs, Florida Attention: File #: Inv #: May 15, RE: DATE DESCIUPTION HOURS AMOUNT Dec-II-12 Ongoing analysis and work on settlement potential values and charts re: comparison of appraisal values and amounts between Lots Y and Z, Claim for Reimbursement of Muriel Tillinghast for taxes and maintenance/mgt. fees, and ultimate proposed net settlement amounts between Lots Y and Z. (Billed time reduced from actual time of3.3) Extended PIC with atty. Laura Bonander (atty [or E. Bell and M. Coffey) re: Amended Complaint of City of GCS, proposed settlement, etc. Dec Continued preparation of and complete proposed initial drafts of settlement charts with proposed net distributions to 27 beneficiaries and begin format of extensive joint report to 20 beneficiaries of J.P. Tillinghast (Lot Y) (except Muriel Tillinghast represented by ally. Callan). (Billed time reduced from actual time of 1.9) Dec (Paralegal Time - Jane Arnold) Review initial drafts of proposed settlement charts of distribution, appraisals, etc. Dec Cont'd preparation of extensive joint report to beneficiaries of J.P. Tillinghast (Lot Y) LAWYER JLV JLV JLV JA JLV

114 Invoice #: 942 Page 2 May 15,2013 (except Muriel Tillinghast represented by atty. Callan) re: sections of report for,deter111ination of beneficiaries by Court, and separation of interests between Lots Y and Z. Dec Prepare additional sections of extensive report llv to beneficiaries of J.P. Tillinghast (Lot Y) re: City's Amended Petition in Eminent Domain, legal representation vs. self representation, analysis and division of proposed settlement. amounts between Lots Y and Z, including review of selected file documents and other information necessary for same. (Billed time reduced from actual time of3.0) Jan Begin preparation of proposed initial form of l JLV "Authorization for Legal Rep.; Consent to Settlement; and, Release and Satisfaction" for beneficiaries of.i.p. Tillinghast (Lot Y) and Nellie Tillinghast Hosmer (Lot Z) (will be individualized as to each beneficiary due to different settlement percentage shares, etc.); Prepare Authorization/Consent/Release for Sarah King. Jan Preparation and completion of individualized JLV Authorizations/Consents/Releases for addtional 23 beneficiaries of J.P. Tillinghast (Lot Y) and 6 beneficiaries of Nellie Tillinghast Hosmer (Lot Z). (Time billed reduced from actual time of 3.9) Jan Revisions to extensive report to beneficiaries llv of J.P. Tillinghast (Lot Y) with analysis of proposed settlement. (Billed time reduced from actual time of 2.2).Ian Complete extensive repoli to beneficiaries of JLV J.P. Tillinghast (Lot Y) with all enclosures; Preparation of extensive report and proposed settlement to beneficiaries of Nellie Tillinghast Hosmer (Lot Z) with enclosures. Review and finalize and package 25 "service 5.00 N/C JLV of process" type packages to beneficiaries of Lots Y and Z.. Jan P/Cs with beneficiaries Donald Williams, llv spouse of freddie Mobley, Sr., Rose

115 Invoice #: 942 Page 3 May 15, 2013 Richardson, Ericka Bell and Britlney Quattry re: proposed settlement. Ja\ R&R 5 original signed flv Authorizations/Consents/Releases (Sandra Ellis; Jerome Mobley; Richard Mobley, Jr.; Barbara Poole; & Brittney Quattry); Conf. Note to file re: same. Jal R&R 2 original signed JLV Authorizations/Consents/Releases (Freddie Mobley, Sr. and Ronald Mobley); Conf. Note to file re: same. Jan R&R signed original authorizations/consents JLV to settlement from 9 additional beneficiaries. Jan R&R 2 signed Authorizations/Consents re: JLV settlement (Carl Mobley and Beverly Ritter). PIC with beneficiary Donald Wil liams re: JLV status of his decision on proposed settlement and outstanding decisions from other Williams family members. Mar Review proposed Stipulated Final Judgment JLV from atty. Isaac and Conf. with atty. Issac re: same; PIC with Anthony Williams re: alty. client priviliged info. Mar T/C frol11 beneficiary Mark Williams re: status ;00 JLV of him being sole remaining beneficiary not agreed to settlement as of this date. Mar-13- J3 Legal review of and revisions to Proof of JLV Service offolmal Notice and Documents, with attachments (Composite document - 48 pages) re: service of 17 documents on 30 defendants and attorneys, including review and confirmation of delivery proof (USPS green cards and/or USPS Track and Confirm evidence) of service of all necessary documenls on all interested parties necessary to protect sufficiency of forthcoming settlement. R&R from beneficiary Anthony JLV Williams and PIC with Mr. Williams re:

116 Invoice #: 942 Page 4 May 15,2013 potential settlement and other attorney client privileged information. Mar Brief conferences with atty. Isaac and paralegal JLV Schriver in his office re: confirmation of no outstanding liens/encumbrances on Lots Y or Z; make final revisions to proposed Stipulated Final Judgement (modified with add'l interest fr0111 atty. Callan's trust account) and Defendant Mark Williams "no response"; COlT. to atty. Callan re: instructions for proposed Stipulated Final Judgment and PIC with his asst. M. Richmond re: procedure for same. Apr Prepare Answer to Amended Petition in llv Eminent Domaine on behalf of 25 defendants. Brief Conf. with Judge Skinner re: presenting OAO TLV proposed Stipulated Final Judgment and obtain execution of same by.t udge; Expedite Filing 0 r original SFJ with Clerk of Court. TIC from client Brittney Quattry re: SFJ and fLV other attorney client privileged info.; PIC with client Sandra Ellis re: same. TIC from Brittney Quattry re: inquire status N/C JLV Apr-OS-I3 R&R 24 settlement checks from atty. Isaac, JLV review and compare same to Stipulated Final Judgment (SFJ); Individual Corr. to beneticiaries B. Quattry, S. Ellis, M. Bjoring, and S. King. re: update status, SFJ, and instmctions for settlement checks and other attorney client privileged information. (Time billed reduced from actual time.) Apr-OG-I3 Individual Corr. to additional beneficiaries JLV Ericka Bell, Michelle Coffey, Ingeborg Hill, Carl Mobley, Derek Mobley, Freddie Mobley, Sr., and Rose Richardson re: update status, SfJ, and instructions for settlement checks and other attorney client privileged information. (Time billed reduced from actual time spent) Apr Individual Corr. to additional beneficiaries JLV Donald Mobley, Jerome Mobley, Richard

117 Invoice #: 942 Page 5 May 15, 2013 Mobley, Jr., Ronald Mobley, Tony Mobley, Ruth Peniston, Barbara Poole, Beverly Ritter, Leonidas Sellers, Donald Williams, Elizabeth Williams and Lonniece Willian1s re: update status, SFJ, and instructions for settlement checks and other attorney client privileged information; Prepare Notice of Correction of Address of Ruth Vanessa Peniston, E-File and E-Serve same. Apr Corr. to additional beneficiary Anthony Clark JLV Williams re: update status, SFJ, and instructions for settlement check and other attorney client privileged information. Apr Receive via eservice and brief review of 0.00 N/C JLV Muriel Tillinghast's Motion for Attorney's Fees and Costs with attaclm1ents - (68 pages - composite document). May Brief conf. with City's atty. Issac (he came by JLV office) re: inquire facts oftiming of eservice and efiling ofuriel Tillinghast's Motion for Attorney's Fees and Costs and Experts' Fees. May-IO-13 Conf. with atty. Isaac re: unknown JLV whereabouts of beneficiary Renee Ellis Thomas and agreement for deposit of her settlement funds into RegistlY of COllli; Prepared proposed Stipulated Order to Deposit Funds Into Registry of Court re: beneficialy Renee Ellis Thomas and obtain execution from atty. Isaac. May-I3 J3 Corr. to Judge Skilmer re: seeking entry of JLV proposed Stipulated Order to Deposit Funds Into Registry of Court in lieu of hearing being required. May- I 5-13 Corr. to beneficiary Mark Anthony Williams fLV re: update status on his status as sole remaining beneficiary not part of settlement, no legal representation by this attorney, and instructions for any additional contact to go directly to City of GCS; review selected file documents necessaty for same. Prepare Status Report to atty. L.J. Arnold III JLV re: concluding actions of Court-appointed

118 Invoice #: 942 Page 6 May 15,2013 Guardian Ad Litem, Administrator Ad Litem, and Attorney Ad Litem. Totals $7, DISBURSEMENTS May Photocopies (after to ) 0.25 Postage (after to ) Totals $ Total Fee & Disbursements Previolls Balance Previous Payments $7, , , B~llancc Now Due $7, TAX ID Number I)AYMENT DETAILS Dec (Check #055304) Payment for Invoice #879 (Tillinghast , Total Payments $3,996.35

119 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF: JUNE 18,2013 SUBJECT: City Council approval to award Bid # , Capacitors, to Gresco Utility Supply. SUMMARY: Three bids were received and publicly opened on May 23,2013. Gresco Utility Supply. was the lowest responsive bidder. HD Supply Power Solutions tied with Gresco Utility Supply however HD Supply Power Solutions transposed a number and according to the bidding documents "the unit price shall govern and the amount will be corrected accordingly". Attached is the tab sheet from the bid opening. FISCAL IMPACT/FUNDING SOURCE: Gresco Utility Supply submitted a bid in the amount of$43,145. MOTION: To award bid # , Capacitors, to Gresco Utility Supply. 1i4A g,q~ Mark Schultz -.. Director of Electric Utilities City Manager

120 Vendor Non-Bidder's Repsonse Statement of Public Entity Crimes Drug Free Workplace References Standard Addendum to City Contracts W9 Form Proposal Form Signed 1200 kvar Switched Capacitor Banks 900 kvar Switched Capacitor Banks TOTAL LUM P SUM COST lid S~?& CAPACITORS BID NO Cresco Po~/-er S'u /u IO~5 l j oh /;-~. S;~j/ J:J ILl J ( I J V / V 1/ 'V V V -/ V gz2l each X 3 = UL~,3. g71l each X 3 = 2t.z L f.z 3. /( C[LJ / each X 2 = /ip Cjj? J V /( L/ 9 L each X 2 = 1.lr2 CZJ1)'o, $ILj3/ L /5 e.q.. Jj LJ 6 ) Lj 5 00 J I Bid Open: May 23, 2013, 10:00 a.m. /-/DSuffY U(;'/; 'hc5 V V V V V v/ ill ga each X 3 = SLf(),!t) 13 L each X 2 = 1. L L/ (p 2.. I Ji 55- O() ) " Completed BY~ /' ~ Dat e: 5-;:'3 --/3

121 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF: JUNE 18,2013 SUBJECT: City Council approval of Amendment No.1 to the Professional Services Agreement for Electrical Line Clearance & Vegetation Management between the City and The Davey Tree Expert Company, referencing the annual renewal option. SUMMARY: The current agreement between the City and The Davey Tree Expert Company allows for the renewal of up to two (2) successive one year terms. This will be the first renewal term. Attached is Amendment No.1. MOTION: Approval of Amendment No.1, renewing the Professional Services Agreement for Electrical Line Clearance & Vegetation Management, with The Davey Tree Expert Company, and authorize Mayor to execute document on behalf ofthe City. SUBMITTED BY: APPROVED BY: MaJ]~z <1\L~ k Electric Utilities Director

122 AMENDMENT NO.1 THIS AMENDMENT made and entered into this day of, 2013 by and between THE CITY OF GREEN COVE SPRINGS, FLORIDA, a political subdivision of Florida, by and through its City Council, hereinafter referred to as OWNER, and THE DAVEY TREE EXPERT COMPANY, an Ohio Corporation, whose address is 1500 N. Mantua Street, Kent, OH 44240, hereinafter referred to as CONTRACTOR; WHEREAS, both pat1ies agreed to the Professional Services Agreement, entered into effective June 19, 2012; and NOW, THEREFORE, in consideration of the mutual promises contained in the Professional Services Agreement, both pat1ies agree to Amendment No. 1 as set forth below: TERM The OWNER and CONTRACTOR have mutually agreed to renew the Professional Services Agreement for an additional one year period, effective June 20, 2013 through June 19,2014. Remainder of Page Intentionally Left Blank

123 IN WITNESS WHEREOF, the parties hereto have signed this Amendment No. 1 in duplicate. One (1) counterpart each has been delivered to OWNER, and CONTRACTOR. OWNER: CITY OF GREEN COVE SPRINGS, FLORIDA By: ~~~~~~~~~~ Roy M. Timberlake, Jr., Mayor By: ~~=-~~~=_~ Danielle J. Judd, City Manager ATTEST: APPROVED AS TO FORM: By: By: F. Lee Bentley, City Clerk L.J. Arnold III, City Attorney CONTRACTOR: THE DAVEY TREE EXPERT COMPANY By: $11411 f/ ~ Name & Title: MarZhn, Vice President & General Manager ATTEST: Printed Name: -'H=arr~yL_C=la'.l_yp~o=o=l,'-V-'-'P"

124 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF June 18, 2013 SUBJECT: Fully Executed Agreement - Batson-Cook, Inc. for the Construction of Police Facility/Emergency Operations Center CEOC) in an amount not to exceed $3,862,000. BACKGROUND: On May 21 st, the Council was presented with a proposed Agreement for the construction of the Police Facility/Emergency Operations Center with Batson-Cook, Inc. in an amount not to exceed $3,862,000. The Agreement had been drafted with the participation of all patties, including the City Attorney and additional language was inselted into the document to protect our interests. It is understood by all parties that the Agreement is capped at $3,862,000 and that we anticipate deductive change orders from the revised drawings which are due on or before June 21 st. When that final impact is known, it will fmm the basis for the Addendum to the Agreement and a Deductive Change Order. As of June 7 th, the drawings are now 60% complete. The attached Agreement has now been executed by all patties and reflects all changes that were directed by the Council on May 21 st. Of note, is that the contact cell phone numbers have changed, other than that, the Agreement is as discussed by the Council. The item is being brought forward at this time, so the Council can glean that the Agreement was executed according to directives issued by the Council on May 21 st. RECOMMENDATION: The Council should acknowledge receipt of the attached executed Agreement pursuant to its directive on May 21 st. An executed original of the Agreement has been placed in the City's records, as well as an executed original has been provided to Batson Cook, Inc. for their files. MOTION: Acknowledge receipt of the fully executed Agreement with Batson-Cook, Inc. for construction of Police Facility/Emergency Operations Center in an amount not to exceed $3,862,000 as directed by City Council on May 21, SUBMITTED BY:

125 AlA Document A 101" Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty-fitst day of May in the year two thousand thirteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Green Cove Springs, a Florida Municipal Corporation 321 Walnut Street Green Cove Springs, Florida and the Contractor: (Name, legal status, address and other information) Batson-Cook Company, a Georgia Corporation 8860 Philips Highway Jacksonville, Florida (po Box 24697, Jacksonville, FL ) Telephone Number: Fax Number: for the following Project: (Name, location and detailed description) Public Safety!Emergency Operations Center 1001 Idlewild Avenue Green Cove Springs, Florida ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author Clnd should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A201 TtC2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) Fisher-Koppenhafer Architecture-Interior Design, PA 9104 Cypress Green Drive Jacksonville, Florida Telephone Number: The Owner and Contractor agree as follows. Init. AlA Document A10FM Copyright 1915,1918, 1925, 1937, 1951, 1958, 1961,1963,1967,1974,1977,1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order No _1 which expires on 10/01/2013, and Is not for resale. User Notes: ( )

126 TABLE OF ARTICLES THE CONTRACT DOCUMENTS 2 THE WORK OF THIS. CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement Ol~ if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be issuance ofn otice to Proceed and Building Permit, whichever comes later, for the non demolition scope of work If, prior to the commencement ofthe Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows:., Not Applicable 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred (300 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AlA Document A10FM Copyright 1915,1918,1925, 1937,1951,1958,1961,1963, 1967, 1974,1977, 1987, and 2007 by The American Institu1e of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order No _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

127 Liquidated Damages of $1, per day as per the Bid Documents. Portion of Work Substantial Completion Date ; subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Million Eight Hundred Sixty Two Thousand Dollars ($ 3,862, ), subject to additions and deductions as provided in the Contract Documents, as same may be modified according to the provisions of section 8.6 below. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) None 4.3 Unit prices, if any: (IdentifY and state the unit plice; state quantity limitations, if any, to which the unit price will be applicable.) Item None Units and Limitations Price Per Unit ($0.00) 4.4 Allowances included in the Con1ract Sum, ifany: (IdentifY allowance and state exclusions, if ally, from the allowance price.) Item None Price ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: See Attachment "0" Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Init. AlA Document A1 OF" Copyright , 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order NO _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

128 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share ofthe Conh'act Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent (10 %). Pending [mal determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section of AlA Document A , General Conditions of the Conh'act for Construction;.2 Add that portion of the Conh'act Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed consh'uction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10 %);.3 Subtract the aggregate of previous payments made by the Owner; and.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A Amount of retainage shall be the maximum authorized under Section , Florida Statutes The progress payment amount determined in accordance with Section shall be fm ther modified under the following circumstances:.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount ofthe Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section of AlA Document A requires release of applicable retainage upon Substantial Completioll of Work with consent of surety, if any.).2 Add, if final completioll ofthe Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section of AlA Document A Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retaillage resultingfrom the percentages inserted in Sections and above, and this is not explained elsewhere ill the Contract Documents, insert here provisions for such reduction or limitation.) As provided in Section , Florida Statutes Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site All Applications for Payment will include lien releases for all subcontractors and suppliers that have filed Notice to Owner Owner's Representative will receive a copy of the monthly Application for Payment via . Certified original will be delivered to Architect. 5.2 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section of AlA Document A , and to satisfy other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect See Attachment "D". (nit. AlA Document A1 OFM Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order No _1 which expires on 10/01/2013, and is not for resale.. User Notes: ( )

129 ARTICLE 6 DISPUTE RESOLUTION 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A , lulless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (.fr the parties mutually agree, insert the name, address and other contact infonnation of the Initial Decision Makel ~ if other than the Architect.) 6.2 BINDING DISPUTE RESOLUTION (paragraphs deleted) See Attachment "0". ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Payments due and unpaid lulder the Contract shall bear interest fi.-om the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) In accordance with the Florida Local Government Prompt Payment Act, Florida Statutes The Owner's representative: (Name, address and other infonnation) Danielle 1. Judd, City Manager City of Green Cove Springs 321 Walnut Street Green Cove Springs, Florida Telephone: X 3312 O\~ ~b 5'3 ~'- ~~ -, ",4\/' Q Cell Phone:, C\ 0 '-t- do ~!i-'"j-4 -j :J djudd@greencovesprings.com 8.4 The Contractor's representative: (Name, address and other infonnation) ~/ Rhea~;Ject Manager ~;;:; -- "J- tf -( '1 Batson-Cook Company 8860 Philips Highway Jacksonville, Florida (po Box 24697, Jacksonville, FL )Telephone: main# Telephone: direct# Cell Phone: rheajones@batson-cook.com 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 8.6 Other provisions: Init. AlA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order NO _1 which expires on 10101/2013, and is noltor resale. User Notes: ( ) 5

130 Certain provisions of this Agreement are replaced, deleted, modified or added in accordance with provisions of Attachments "C", "D", "E", and "F" as referenced in subparagraph The Contract Sum set forth in section 4.1 above is based on documents provided to the Contractor by the Owner at the time of the bid submission and included value engineering deductions based on a one page conceptual document dated April 15, 2013 provided by the Architect. The Owner and Contractor acknowledge and agree that upon the finalization of the construction plans and specifications by the Architect (which shall include, at a minimum, architectural, structural, plumbing, mechanical and electrical provisions) and the provisions of same to the Contractor, a revised Contract Sum (which may be the same or less than the Contract Sum in 4.1 above) will be determined, which revised Contract Sum will be evidenced by a Change Order to this Agreement. Notwithstanding the foregoing to the contrary, if the parties are unable to agree on the amount of the abovementioned Change Order, the City reserves the right in its sole discretion to cancel this agreement and pay Conh'actor for work completed (The work completed will be limited to Phase I Hazardous Material Abatement and Building Demolition. The cost of this phase will not exceed $51, or 70 days of duration.). Changes in the work will be limited to actual cost with a set mark-up of 10% for profit and 5% for overhead. This fixed mark-up will be for both subcontractor work and general contractor changes. The Change Order referenced above for adjustment of Conh'act Sum due to value engineering will include the following items: A schedule of values that will become part of the monthly pay applications and a subcontractor cost comparison that will show original bid amounts and revised contract value. All parties agree that time is of the essence, therefore the parties agree to make every effort to quickly address any issue(s) as they arise to ensure a project completion date no later than April 30, ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AlA Document A , Standard Form of Agreement Between Owner and Con tractor The General Conditions are AlA Document A , General Conditions of the Contract for Construction The Supplementary and other Conditions of the Contract: Document None unless stated elsewhere herein Title Date Pages The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section The City o{green Cove Springs Police Station Title Specifications-BidlPenn it Issue Date Pages The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See Exhibit "A" - Drawing Log Number Title Date The Addenda, if any: Init. AlA Document A Copyright 1915, 1918, , ,1974, 1977,1987, 1991,1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AIA t3j Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA t3j Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order NO _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

131 Number Addendum No.1 Addendum No. 2 Addendum No.3 Addendum No.4 Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article Additional documents, if any, forming part ofthe Contract Documents:.1 AIA Document E201 TM_2007, Digital Data Protocol Exhibit, if completed by the paliies, or the following: Not Applicable.. 2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A20i-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless ellumerated in this Agreement. They should be listed here only ifintended to be part of the Contract Documents.) Attachment "A": Drawing Log Attachment "B": Public Construction Combined Payment and Performance Bond Attachment "C": Standard Addendum to All Contracts and Agreements Attachment "D": Provisions of this Agreement replaced, deleted, modified or added Attachment "E": Direct Purchase Program Attachment "F": Insurance Init. Substitute Section of General Conditions A201, 2007 Edition as follows: The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to canyout the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures and the requirement therefor is specifically identified in the Contract Documents by being listed on an Exhibit to the Agreement between the Owner and Contractor denominated "Design Services to be Provided by Contractor.". The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents and identified and listed as provided above, the Owner and the Architect will specify all perfonnance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, ifprepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy and have identified and listed the design services required. Pursuant to this Section , the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. The above limitations on the provision of design services by the Contractor shall specifically apply to any "value AlA Document Ai OFM Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,1987,1991,1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AlA"' Document, or any portion of it, may resuh in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on OS/21/2013 under Order NO _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

132 engineering" suggestions that are made by Contractor or any subcontractor or supplier of Contractor, and no such design liability shall attach to any such suggestions without the specific requirements of this section being satisfied. ARTICLE 10 INSURANCE AND BONDS The Contractor shall pm-chase and maintain insm-ance and provide bonds as set forth in Article 11 of AIA Document A (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AlA Document A20I-2007.) Type of insurance 6r bond Limit of liability or bond amount ($0.00) The bond amount will be determined by the revised project cost, after the value engineering and the insurance is complete. The performance and payment bond will be 100% of the conh'act value post fmal drawings. greement entered into as of the day and year frrst written above. Roy. Timberlake, Jr.,Mayor (printed name and title) CONTRACTOR (Signature) Evender G. Spradlin, III Senior Vice President (printed name and title) Approved as to form only: III, c~ty Attorney Attest: F: ~ ey~ y Clerk Init. AlA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958,1961, 1963,1967, 1974, 1977, 1987, 1991, 1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order No _1 which expires on 10/01/2013, and is not far resale. User Notes: ( )

133 Additions and Deletions Report for TAl AlA Document A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 14:07:46 on OS/21/2013. PAGE 1 AGREEMENT made as of the twenty-first day of~in the year two thousand thirteen City of Green Cove Springs, a Florida Municipal Corporation 321 Walnut Street Green Cove Springs, Florida Batson-Cook Company, a Georgia Corporation 8860 Philips Highway Jacksonville, Florida (po Box 24697, Jacksonville, FL ) Telephone Number: Fax Number: Public Safety IEmergency Operations Center 1001 Idlewild Avenue Green Cove Springs, Florida Fisher-Koppenhafer Architecture-Interior Design, PA 9104 Cypress Green Drive Jacksonville, Florida Telephone Number: PAGE 2 Date of Commencement will be-issuance of Notice to Proceed and Building Permit, whichever comes later, for the non demolition scope of work Not Applicable Additions and Deletions Report for AlA Document A10FM Copyright 1915,1918,1925,1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991,1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and 1 International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of ii, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on OS/21/2013 under Order No _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

134 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred (~ days from the date of commencement, or as follows: PAGE 3 Liquidated Damages of $1, per day as per the Bid Documents. 4.1 The Owner shall pay the Contractor the Contract Sum in current fimds for the Contractor's performance of the Contract. The Contract Sum shall be Three Million Eight Hundred Sixty Two Thousand Dollars ($ 3,862, ), subject to additions and deductions as provided in the Conu'act Docl:lmSRts.Documents, as same may be modified according to the provisions of section 8.6 below Provided that an l\:pplication for Paymsnt is recsi... ed by ths Architect not latsr than the day of a month, ths Owner shall malee payment ofthe certified amourt to the Contractor not later than the day of the month. Ifan Application for Payment is recsi... ed by ths Architect after the application dats fimld abo"s, paymoot shall bs mads by ths OVlfisr not later than ( ) days after thsl\rchitsct receives the Application for Payment. (Federal, state or local laws may requirs paymsnt within a csrtain period ofti-ms.)see Attachment "0". PAGE 4.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of!ffi...percent (.ul..%). Pending.fmal determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section of AIA Document A20FM-2007, General Conditions of the Contratt for Construction;.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ~ercent (~%);.. 4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A Amount of retainage shall be the maximum authorized under Section Florida Statutes. As provided in Section , Florida Statutes. Additions and Deletions Report for AlA Document A10FM Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,. 1991,1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of ii, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on OS/21/2013 under Order No _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

135 All Applications for Payment will include lien releases for all subcontractors and suppliers that have filed Notice to Owner Owner's Representative will receive a copy of the monthly Application for Payment via . Certified original will be delivered to Architect Ths OWB:sr's frnal paym6b:t to ths Contraetor shall be mads no late!:" than 30 days after ths issuanas of ths l.. rehiteet's BRa! CsrtiBeats fo!:" PaymSHt, or as follov/s: See Attachment "D". PAGE 5 For aay Claire sl:lbjset to, but Rot rssolved by, mediation pl:ifsl:lant to geation 15.3 ofl.. L,\: DOCI:IFHeRt 1\ , the msthod of binding disputs resomior shall bs as follows: (Cheek the Clppr8j'Jliete bex. If the Owner end Centreeter do not sekct e method of binding dispute resohltien bele',\!, er do net subsequently egree in u9'iting to e binding dispute reselution method other than litigation, Claims will be resowed by litigation in a eo!ll1 ojeempetentjurisdietien.) ArbitratioR pursuant to geetion 15.4 of AlA DoeUFHsnt,\ Litigatioo in a eom.-t of eofhpet6b:t jl:lfisdietion Other (Specify) See Attachment "0". ARTICLE 7 TERMINATION OR SUSPENSION %--In accordance with the Florida Local Government Prompt Payment Act, Florida Statutes Danielle 1. Judd, City Manager City of Green Cove Springs 321 Walnut Street Green Cove Springs, Florida Telephone: X 3312 Cell Phone: diudd@greencovesprings.com Rhea Jones, Project Manager Batson-Cook Company 8860 Philips Highway Jacksonville, Florida (PO Box 24697, Jacksonville, FL )Telephone: main# Telephone: direct# Cell Phone: rheaj ones@batson-cook.com Additions and Deletions Report for AlA Document A101'" Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967, 1974,1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may resuh in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order NO _1 which expires on 10/01/2013, and is notfor resale. User Notes: ( )

136 PAGES Certain provisions of this Agreement are replaced, deleted, modified or added in accordance with provisions of Attachments "C", "D", "E", and "F" as referenced in subparagraph The Contract Sum set forth in section 4.1 above is based on documents provided to the Contractor by the Owner at the time of the bid submission and included value engineering deductions based on a one page conceptual document dated April 15, 2013 provided by the Architect. The Owner and Conb:actor acknowledge and agree that upon the finalization of the construction plans and specifications by the Architect (which shall include, at a minimum, architectural, structural, plumbing, mechanical and electrical provisions) and the provisions of same to the Contractor, a revised Contract Sum (which may be the same or less than the Contract Sum in 4.1 above) will be determined, which revised Contract Sum will be evidenced by a Change Order to this Agreement. Notwithstanding the foregoing to the contrary, if the parties are unable to agree on the amount of the abovementioned Change Order, the City reserves the right in its sole discretion to cancel this agreement and pay Contractor for work completed (The work completed will be limited to Phase I Hazardous Material Abatement and Building Demolition. The cost of this phase will not exceed $51, or 70 days of duration.). Changes in the work will be limited to actual cost with a set mark-up of 10% for profit and 5% for overhead. This fixed mark-up will be for both subcontractor work and general contractor changes. The Change Order referenced above for adjustment of Contract Sum due to value engineering will include the following items: A schedule of values that will become part of the monthly pay applications and a subcontractor cost comparison that will show original bid amounts and revised contract value. All parties agree that time is of the essence, therefore the parties agree to make every effort to quickly address any issue(s) as they arise to ensure a project completion date no later than April 30, None unless stated elsewhere herein The City of Green Cove Springs Police Station Specifications-BidlPerm 9120/2012 it Issue See Exhibit "A" - Drawing Log PAGE 7 Addendum No. 1 Addendum No.2 Addendum No.3 Addendum No Not Applicable. (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A provides that bidding requirements such as advertisement or invitation to bid, Additions and Deletions Report for AlA Document A101'" Copyrlght 1915,1918, 1925, 1937, 1951, 1958,1961, 1963,1967, 1974,1977,1987, 1991,1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and 4 International Treaties. Unauthorized reproduction or distribution of this AlA"" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order NO _1 which expires on 10101/2013, and is notfor resale. User Notes: ( )

137 Instructions to Bidders, sample f01711s and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only ifintended to be pa/1 of the Contract Documents.} Attachment "A": Drawing Log Attachment "B": Public Construction Combined Payment and Performance Bond Attachment "C": Standard Addendum to All Contracts and Agreements Attachment "D": Provisions of this Agreement replaced, deleted, modified or added Attachment "E": Direct Purchase Program Attachment "F": Insurance Substitute Section of General Conditions A20I, 2007 Edition as follows: The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures and the requirement therefor is specifically identified in the Contract Documents by being listed on an Exhibit to the Agreement between the Owner and Contractor denominated "Design Services to be Provided by Contractor.". The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents and identified and listed as provided above, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the W orle designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, celtifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy and have identified and listed the design services required. Pursuant to this Section , the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the perfonnance or design criteria required by the Contract Documents. The above limitations on the provision of design services by the Contractor shall specifically apply to any "value engineering" suggestions that are made by Contractor or any subcontractor or supplier of Contractor, and no such design liability shall attach to any such suggestions without the specific requirements of this section being satisfied. PAGE 8 The bond amount will be determined by the revised project cost. after the value engineering and the insurance is complete. The performance and payment bond will be 100% of the contract value post final drawings. Evender G. Spradlin, III Senior Vice President Additions and Deletions Report for AlA Document A101T M Copyright 1915, 1918, 1925, 1937, 1951,.1958,1961, 1963, 1967, 1974, 1977, 1987, 1991,1997 and 2007 bythe American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order No _1 which expires on 10/01/2013, and is not for resale. User Notes: ( )

138 Certification of Document's Authenticity AIA Document D I, Evender G Spradlin ill, hereby certify, to the best of my knowledge, information and belief, that I created the attached fmal document simultaneously with its associated Additions and Deletions Report and this certification at 14:07:46 on OS/21/2013 under Order No from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A1O1-2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AlA Document D401'M Copyright 1992 and 2003 bythe American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:07:46 on 05/21/2013 under Order NO _1 Which expires on 10/01/2013, and is not for resale. User Notes: ( )

139 Attachment "A" Drawing Log Drawings to be revised

140 Attachment "B" PUBLIC CONSTRUCTION COMBINED PERFORMANCE AND PAYMENT BOND Bond No. (enter bond number) BY TmS BOND, we, a corporation, as the Principal and, a corporation, as the Surety, are bound to City of Green Cove Springs, a Florida Municipal Corporation, and its City Council, herein called the Owner, in the sum of $ U.S., for performance, and the separate additional sum of $ U.S., for payment, for the payment of each of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. The names, principal addresses and telephone numbers of the Principal (who is also the contractor within the meaning of Section , Florida Statutes), the Surety and the Owner are: Principal Phone: Phone: Owner City of Green Cove Springs, a Florida Municipal Corporation 321 Walnut Street Green Cove Springs, Florida The contract that is the subject of this bond, herein called the Contract, has been entered into between the Principal and the Owner, and is for [insert project name]. The Contract has been designated by the Owner as "City of Green Cove Springs Agreement/Contract No. _" and is dated as of.,----,.---,---.,--. Improvements to be made under the Contract are those outlined in the Contract which include but are not limited to [insert brief description of project]. The property upon which the improvements are to be made under the Contract is located [insert description of property sufficient to identify it, such as legal description or street address] THE CONDITION OF TmS BOND is that if the Principal: 1. Performs the Contract dated as of, between the Principal and the Owner for [insert project name], the Contract being made a part of this bond by reference, and all of the terms and provisions of the Contract being incorporated in this bond by reference, at the times and in the manner prescribed in the Contract; and, 2. Promptly makes payments to all claimants, as defined in Section (1), Florida Statutes, supplying the Principal with labor, materials, or supplies, used directly or indirectly by the Principal in the prosecution ofthe work provided for in the Contract; and, 3. Pays the Owner all losses, damages, expenses, costs, and attorney's fees, including costs and attorney's fees incurred in any appellate proceedings, that the Owner may sustain because of default by the Principal under the Contract; and, 4. Performs the guarantee of all work, materials and warranties furnished under the Contract for the time specified in the Contract; THEN this bond is void; otherwise it remains in full force and effect. Page 1 of3

141 Any action instituted by a claimant under this bond for payment or recovery of retainage must be in accordance with the notice and time limitation provisions in subsections (2) and (10) of Section , Florida Statutes. This bond is to be deemed a statutory bond under Section , Florida Statutes, the provisions of which are hereby incorporated by reference and made a part hereof. All interested parties are specifically directed to the following provisions regarding time and notice limitations as set out in paragraph (a) of Section (2), Florida Statutes, the Principal being the "contractor" as referred to in said provisions: 1. If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or the contractor's agent or attorney may elect to shorten the time within which an action to enforce any claim against a payment bond must be commenced by recording in the clerk's office a notice in substantially the following form: NOTICE OF CONTEST OF CLAIM AGAlNSTPAYMENTBOND To: (Name and address of claimant) You are notified that the undersigned contests your notice of nonpayment, dated, and served on the undersigned on, and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice. DATED on --- Signed: (Contractor or Attorney) The claim of a claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice shall be extinguished automatically. The contractor or the contractor's attorney shall serve a copy of the notice of contest to the claimant at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face ofthe notice and record the notice. 2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the contractor with a written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, services, or materials shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment shall be served during the progress of the work or thereafter but may not be served earlier than 45 days after the first furnishing of labor, services, or materials or later than 90 days after the final furnishing of the labor, services or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. An action for the labor, materials, or supplies may not be instituted against the contractor or the surety unless the notice to the contractor and notice of nonpayment have been served, Page 2 of3

142 if required by this section. Notices required or permitted under this section shall be served in accordance with s A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. Any changes in or under the Contract Documents referred to in the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this bond. By its execution of this bond the Surety expressly acknowledges that the Contract has been incorporated by reference herein, that all provisions of the Contract, including but not limited to any amendments thereto, apply fully to and are binding upon the Surety as if fully set f01th in this bond, that the Surety guarantees the full and faithful performance by the Principal of all of the Principal's work, materials, covenants, obligations, promises, guarantees and warranties set f01th in and otherwise arising under the Contract such that the Surety's obligations are co-extensive with those of the Principal under the Contract, and that said performance shall occur within the times specified in the Contract. DATED ON Principal:, a corporation By: [insert name] Its President Surety:, a corporation By: [insert name] Its Attorney-in-Fact Page 3 of3

143 Attachment "C" STANDARD ADDENDUM TO ALL CONTRACTS AND AGREEMENTS Any other provisions of the contract or agreement to which this Standard Addendum is attached to the contrary notwithstanding, the parties specifically agree that the provisions hereinafter set forth will apply exclusively with respect to the matters addressed, whether addressed in said contract or agreement or not, and shall be deemed an integral part of said contract or agreement as if duly set out therein, having a force and effect of equal or superior dignity, as applicable, with the provisions thereof; provided, that if the provisions of the contract or agreement address a particular matter in a manner which results in a lower cost to the City than this Standard Addendum, then such provisions of the contract or agreement shall control and supersede the applicable provisions hereof (as used herein, the term "Contractor" means the vendor or other party in the contract or agreement providing construction, labor, materials, professional services, and/or equipment to the City thereunder; the term "City" means City of Green Cove Springs, a Florida Municipal Corporation, its City Council, or any other name or label set forth in the contract or agreement identifying such entity). 1.. All payments for services rendered, or supplies, materials, equipment and the like constructed, delivered or installed under the contract or agreement (the Work) shall be made by the City in accordance with the Local Government Prompt Payment Act (the Act). Upon receipt of a proper statement, invoice or draw request the City shall have the number of days provided in the Act in which to make payment. 2. Item 2 of is not applicable to this contract. 3. In the event the contract or agreement is for professional services, charged on a time basis, the City shall not be billed or invoiced for time spent traveling to and :B:om the Contractor's offices or other points of dispatch of its subcontractors, employees, officers or agents in connection with the services being rendered. 4. The City shall not be liable to reimburse the Contractor for any courier service, telephone, facsimile or postage charges incurred by the Contractor, except as follows, and then only in the exact amount incurred by the Contractor [ifthe space below is left blank then "NONE" is deemed to have been inserted therein]: 5. The City shall not be liable to reimburse the Contractor for any copying expenses incurred by the Contractor except as follows, and then only at $0.05 per page [if the space below is left blank then "NONE" is deemed to have been inserted therein]: 6.. If and only if travel and per diem expenses are addressed in the contract or agreement in a manner which expressly provides for the City to reimburse the Contractor for the same, then the City shall reimburse the Contractor only for those travel and per diem expenses reasonably incurred and only in accordance with the provisions of Section , Florida Statutes. In the event the Contractor has need to utilize hotel accommodations or common carrier services, the City shall reimburse the Contractor for his, her or its reasonable expense incurred thereby provided prior approval of the City Manager of the City of Green Cove Springs or his or her designee is obtained. 7. With respect to drawings and/or plans prepared on behalf of the City by the Contractor under the contract or agreement, unless specifically provided otherwise therein, complete sets of such drawings and/or plans shall be reproduced by the Contractor without cost to the City for all bidders requesting the same, and five complete sets of such drawings and/or plans shall be reproduced and delivered to the City without cost.

144 8. With respect to any indemnification by the City provided under the contract or agreement, any such indemnification shall be subject to and within the limitations set forth in Section , Florida Statutes, and to any other limitations, restrictions and prohibitions that may be provided by law, and shall not be deemed to operate as a waiver of the City's sovereign immunity. 9. In that the City is a governmental agency exempt from sales tax, the City shall pay no such taxes, any other provisions of the contract or agreement to the contrary notwithstanding. The City shall provide proof of its exempt status upon reasonable request. 10. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding, the same shall not automatically renew but shall be renewed only upon subsequent agreement of the parties. 11. The Contractor acknowledges that in the budget for each fiscal year of the City during which the term of the contract or agreement is in effect a limited amount of funds are appropriated which are available to make payments arising under the contract or agreement. Any other provisions of the contract or agreement to the contrary notwithstanding, and pursuant to law, the maximum payment that the City is obligated to make under the contract or agreement from the budget of any fiscal year shall not exceed the appropriation for said fiscal year.

145 Attachment "D" This Attachment D to the Contract for the construction of the Public Safety / Emergency Operations Center - City of Green Cove Springs Police Department is a part of said Contract, being attached thereto, and is of equal dignity with the pre-printed provisions thereof not superseded hereby. With respect to the enumerated provisions of AlA Document AI specifically identified in this Attachment D, the pre-printed versions thereof in their entireties are replaced, deleted or modified, as the case may be, and the provisions set forth herein shall supersede and control the replaced, deleted or modified provisions of said Contract. Additionally, new Subparagraphs 8.6.1, 8.6.2, 8.6.3, and are added to the Contract. Each such new provision is of equal dignity with the pre-printed terms thereof not superseded hereby. Replace Subparagraph as follows: The Contractor may submit to the Architect an Application for Payment not later than the twenty-fifth day of each month. Upon receipt by the Owner from the Architect of the Application for Payment, the Owner shall promptly remit payment thereon to the Contractor in accordance with the Local Government Prompt Payment Act as set forth in Section , Florida Statutes. The time within which the Owner's obligation to remit payment upon an Application for Payment shall not commence until the Application for Payment as submitted fully complies with the requirements of the Contract as to form, content, and completeness, and bears the certification of the Architect that the work satisfactorily completed under the Application for Payment is in proportion to the amount of the Application for Payment. Replace Subparagraph as follows: The Owner's final payment to the Contractor shall be made in accordance with the Local Government Prompt Payment Act as set forth in Section , Florida Statutes, following the Owner's receipt from the Architect of a proper and complete application therefor together with the certification ofthe Architect that all of the work is satisfactorily completed. Delete Paragraph 6.2 in its entirety. Add new Subparagraph 8.6.1, to read in its entirety: In the event either party to this Contract shall retain an attorney to litigate on its behalf against the other in any judicial or arbitration proceeding regarding the enforcement or interpretation of this Contract or regarding such party's rights, remedies, obligations or liabilities arising under this Contract or with respect to any claim for damages arising under this Contract, the party prevailing on the majority of its claims, or which successfully defends against a majority ofthe other party's claims, shall be entitled to an award of reasonable attorney's fees and costs against the other party, including fees and costs incurred from the date of referral of the dispute to the prevailing party's Page 1 of2

146 attorney through the conclusion of litigation, or incurred in bankruptcy or on appeal. Any dispute arising under this Contract shall be litigated exclusively in trial courts located in Clay County, any objection as to jurisdiction or venue in such courts being hereby waived. Add new Subparagraph 8.6.2, to read in its entirety: In accordance with the provisions of Section , Florida Statutes, the Contractor shall deliver to the Owner a performance and payment bond in the form referred to in Subparagraph as Attachment B at least three working days prior to the commencement of the Work. If the bond is acceptable to the Owner in accordance with the provisions hereof, the Contractor shall cause the same to be recorded at its expense in the public records of Green Cove Springs, Florida, prior to the commencement ofthe Work. The penal sum ofthe bond shall be the Contract Sum. Any bond provided by the Contractor hereunder shall be issued by a surety company licensed to do business in the State of Florida, which surety company shall have the following minimum ratings in the latest issue of Best's Key Rating Guide: a policy holder's rating of A, and a required financial rating of Class VIII. The surety company shall (a) have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write and issue surety bonds in the State of Florida; (b) have a currently valid Certificate of Authority issued by the United States Department ofthe Treasury under Sections 9304 through 9308 of Title 31 of the United States Code; (c) be in full compliance with the provisions of the Florida Insurance Code; and (d) have at least twice the minimum surplus and capital required by the Florida Insurance Code as ofthe effective date of the Contract. Add new Subparagraph 8.6.3, to read in its entirety: The Contractor agrees to defend, indemnify and hold harmless the Owner and all of its employees, officers, agents and servants against all suits and costs and all damages, including reasonable attorneys and professionals fees, to which the Owner or any of its employees, officers, agents or servants may be put by reason of injury to the persons or property of others resulting from the performance ofwork, or through the negligence of the Contractor, or through any improper or defective machinery, implements, or through any act or omission on the part ofthe Contractor, its agents, employees, servants or subcontractors. Add new Subparagraph 8.6.4, to read in its entirety: All Work shall be performed by the Contractor in a workmanlike manner, using reasonable care and diligence. Sloppy, shoddy and careless work shall not be deemed adequate or proper performance. Page 2 of2

147 Attachment "E" Direct Purchase Program ARTICLE SPECIAL PROVISIONS RELATING TO PROCUREMENT BY THE OWNER OF THE MATERIALS AND EQUIPMENT FOR THE PROJECT GENERAL DESCRIPTION OF PROGRAM FOR PROCUREMENT BY OWNER OF MATERIALS AND EQUIPMENT FOR THE PROJECT TO MAXIMIZE SALES AND USE TAX SAVINGS Under the provisions of Chapter 212, Florida Statutes, the Owner has been granted a Consumer Certificate of Exemption, which exempts the Owner from payment of any Florida sales and use tax on purchases or leases of personal property. In the Contract for Construction, the Owner appoints the Contractor as its purchasing agent for the sole purpose of purchasing materials and equipment pursuant to the program established hereby The sole purpose of the program is to maximize the sales and use tax savings from direct purchases by the Owner without diminishing the Contractor's obligations under the Contract. Notwithstanding anything to the contrary in this Agreement, title to materials and equipment purchased under the program will pass directly from the vendor to the Owner upon delivery to the Project Site or elsewhere. The Owner will assume all risk of damage or loss to such materials and equipment before their installation or incorporation into the Project, including the period of time that the materials or equipment are stored at the Project Site or elsewhere. The Owner shall obtain its own insurance covering damage or loss to such materials and equipment before their installation or incorporation into the Project. Notwithstanding the Owner's direct purchase, the Contractor shall retain the responsibility for all of the following:.1 The specifications of the materials and equipment provided by the specified vendor.. 2 Selecting and ordering the proper quantity and type of materials and equipment..3 Scheduling the appropriate delivery date and determining the supplier's or vendor's ability to provide the materials or equipment..4 The correctness ofthe Requisition for each Purchase Order to be issued by the Owner.

148 .5 Any discrepancy between the cost stated in any Requisition for Purchase Order and the actual purchase price charged the Owner.. 6 Timely and complete processing of all wananty claims Upon delivery of the materials and equipment to the Project Site, or such other place as the Contractor deems appropriate, the Contractor shall promptly inspect the same as the Owner's agent for the purpose of detennining that, as delivered, the materials and equipment have satisfied the requirements of the purchase order and the specifications and drawings for the Work, and that said materials and equipment are undamaged and complete. The Contractor shall document such inspection in a written repoli and deliver the same to the Owners. In the event that such inspection reveals that any materials or equipment are damaged, incomplete, missing or not in compliance with the specifications, the repoli shall identify the same and the unsatisfactory circumstances associated therewith. Although the Owner shall hold title to the materials and equipment and bear the risk ofloss thereof, upon delivery of the same to the Project Site or such other place as the Contractor deems appropriate, the Contractor shall take and hold physical possession of the same as bailee thereof The Contractor shall remain responsible under this Contract for the ongoing assembly, erection and incorporation of the materials and equipment into the Project in full accordance with the Construction Documents. For purposes of bailment, possession of the materials and equipment shall be deemed returned to the Owner upon completion ofthe Work. During the time that the materials and equipment are in the possession of the Contractor as bailee, the Contractor shall be responsible physically and financially for safely securing, protecting and storing, transportation, unloading, receiving, receipting for, inspecting, and accepting the same at the site ofthe Work or at such other place as the Contractor deems appropriate. The Owner is obligated to secure Builder's Risk insurance coverage as provided for elsewhere in this Agreement in an amount equal to the full value (including sales or use tax) of all materials and equipment to be used in completing the Work The Contractor is obligated to require that each of its Subcontractors allows the Owner to purchase materials and equipment that otherwise would be included within such Subcontractor's subcontracts under the same terms and conditions as the Contractor allows the Owner to purchase under the program established hereby. The Contractor shall include in each subcontractor contract a statement that for all purchase made by the Owner utilizing the sales and use tax savings program that the sub may only look to the Owner for payment of same. The Contractor is obligated to supervise and monitor purchasing activities of all of its Subcontractors carefully to assure full compliance with the procedures established hereby. It is the parties' intent that, except as othelwise provided herein, the obligations of the Architect with regard to materials and equipment directly purchased by the Owner under the program established hereby will remain the same as they would have been if such materials and equipment were purchased and paid for by the Contractor or its Subcontractors, as applicable The Contractor and its Subcontractors and vendors shall not be held liable for any

149 sales or use tax exemptions not allowed by the State of Florida The program established hereby does not apply to purchases that are not economically feasible. The foregoing sentence notwithstanding, all purchases of $1 0,000 or greater must be carried out in compliance with this Article. Purchases shall not be subdivided in order to avoid compliance with this program SALES AND USE TAX SAVINGS PROGRAM ADMINISTRATIVE PROCEDURES The Contractor is responsible for the administration, execution and accounting of this program on behalf of the Owner. The Contractor's main duties include coordination with the Owner in administering the program established hereby, setting up the Owner's accounts with materials and equipment suppliers and dealers, routing invoices and, if requested by the Owner, Purchase Orders to the appropriate parties, drafting of Requisitions for Purchase Orders, generating monthly repolts showing total and projected savings to date attributable to the program, coordinating the program in the field and coordinating payment to vendors by the Owner The procedure for materials and equipment purchases by the Owner is as follows:.1 The Subcontractors submit sealed bids in response to advertised reques ts therefor by the Contractor in an amount covering the total Scope of the Work..2 The Contractor selects the Subcontractor.. 3 A subcontract is negotiated between the Contractor and the Subcontractor for the full amount of the bid. Included in the subcontract is an attachment outlining the sales and use tax savings program, a list of tentative materials and equipment vendors and approximate costs for each and the name of the Subcontractor's representative who has been delegated the authority to approve materials and equipment purchases :fi:om external vendors in the amount of$10, and above..4 As materials and equipment purchases are required, the Subcontractor prepares and completes a Request for Requisition for Purchase Order form and submits the same to the Contractor. The Request shall exclude any transportation or shipping costs which are the responsibility of the Contractor as the bailee ofthe materials and equipment..5 The Contractor reviews and approves the Request for Requisition for Purchase Order and prepares and submits to the Owner a Requisition for Purchase Order on a form approved by the Owner.. 6 After issuing the Purchase Order, the Owner forwards it to the vendor, with a copy to the Contractor. The vendor delivers the materials or

150 equipment to the Project Site or other location determined by the Contractor.. 7 On receipt, the Contractor inspects the materials or equipment and signs the Proof of Delivery form. A copy of this form is returned to the vendor and a second copy is sent to the Architect..8 Upon receipt of the Proof of Delivery form, and in accordance with the specific directions set forth on the face of the Purchase Order, the vendor shall prepare and deliver to the Owner the original and two copies of the invoice, and simultaneously shall deliver a copy of the invoice to the Contractor.. 9 The Contractor shall request payment of the vendor's invoice in its Application for Payment under Article 5. The Application for Payment shall include a division setting forth in tabular form each vendor's name for which procurement under this Alticle has been accomplished and, with respect to each such vendor, the corresponding Purchase Order number and the amount ofthe payment. Immediately below the procurement table the Contractor shall cause to be executed on its behalf a certification that all of the materials or equipment referenced in the procurement table were satisfactorily received, and that each vendor is entitled to immediate payment of its invoiced amount..10 After an Application. for Payment containing a vendor payment table is approved by the Owner, the Owner generates an Owner's check or warrant to each vendor drawn on the Owner's checking account against the Owner's own funds, to pay each invoice. The Owner sends the check or warrant directly to the vendor. The Owner shall not be required to provide a copy of each such check or warrant to the Contractor, but shall only be required to notify the Contractor regarding those vendors not paid under the Application for Payment..11 Once the Project reaches 50% completion based on the schedule of values, the Contractor shall prepare a deductive Change Order to reconcile the Owner Direct Purchase (ODP) amounts and resulting Sales Tax Savings. This process will be repeated at the completion of the Project. Contractor shall maintain an ODP Log / Schedule during the Project and include updates with each Application for Payment..12 The Contractor will maintain schedules of }>urchase Orders issued and invoices paid for materials and equipment purchased directly by the Owner, referencing each Purchase Order to the appropriate Subcontractor.

151 Attachment "F" Insurance ARTICLE REQUIRED INSURANCE Prior to commencing, and throughout the work of the Project, the Contractor shall procure and maintain Commercial General Liability insurance providing the following coverages at the minimum limits specified, which coverages shall include all independent contractors and subcontractors:.1 General Aggregate... $1,000,000.2 Products and Completed Operations Aggregate... $1,000,000.3 Personal and Advertising Injury... $1,000,000.4 Each Occurrence... $1,000,000.4 Fire Damage Legal Liability (anyone fire)... $50,000.5 Medical Expense (any one person)... $5, Prior to commencing, and throughout the work of the Project, the Contractor shall procure and maintain Automobile Liability insurance providing the following coverages at the minimum limits specified, which coverages shall include all independent contractors and subcontractors:.1 Any automobile-combined bodily injury/property damage, with minimum limits for all additional coverages as required by Florida law... $1,000, Prior to commencing, and throughout the work of the Project, the Contractor shall procure and maintain Workers Compensation/Employer Liability insurance providing the following coverages at the minimum limits specified, which coverages shall include all independent contractors and subcontractors:.1 Workers Compensation... statutory limits.2 Employers Liability.1 Each Accident... $100,000.2 Disease-Policy... $500,000.3 Each Employee... $100, Prior to commencing, and throughout the work of the Project, the Owner shall procure and maintain Builder's Risk insurance providing builder's risk coverage for the Project as a whole in the full amount of the Contract Sum as described in Attachment "E", Direct Purchase Program. Attachment F Page 1 of2

152 Prior to or simultaneously with the execution 0 f this Agreement, the Contractor shall provide to the Owner certificates ofthe insurance coverage required under this Article 11 naming the City of Green Cove Springs, a Florida Municipal Corporation, 321 Walnut Street, Green Cove Springs, Florida 32043; and all political subdivisions ofthe City of Green Cove Springs as "Additional Insured". Each such certificate must include provisions requiring at least 30 days written notice to the Owner prior to the cancellation, modification or non-renewal of the coverage set forth therein. In the event any of the insurance coverage required under this Article 11 shall be cancelled, modified or non-renewed, the Contractor shall promptly secure replacement coverage that conforms to the requirements of this Article 11, and provide proof thereofto the Owner. Attachment F Page 2 of2

153 I T j',6\.... I I B1"\ I_.\~ i t; 5 1 c:.- D b d- ('. - ~ LJI 11. v : J e arn1ent an v uuspenszon ATTACHMENT II - CERTIFICATION REGARDING DEBARl\1ENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, City of Green Cove Springs certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to celiify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: Batson-Cook Company BY:~c:2 Signature City of Green Cove Springs Recipient's Name Evender G. Spradlin, Senior Vice-President/General Manager Name and Title DEM Contract Number J.J, I ~ 8860 Philips Highway RFQ Street Address Project Number Jacksonville, FL City, State, Zip I January 28, 2013 Date -.J RFQ : PUBLIC SAFETY I EMERGENCY OPERATIONS CEr~TER GREEN COVE SPRINcs5, FLORIDA I JANUARY 28, BATSON-COOK COMPANY

154 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT June 18,2013 SUBJECT: Presentation on Health Care RefOlm by Benefits Consultant Phil Haught of Haught Financial Group. BACKGROUND: The health care reform law - the Affordable Care Act (ACA) - has many complex requirements for employers and health plans. The City's benefits consultant, Phil Haught, and his staff are working diligently to keep us on track for compliance with the ACA. This includes notice and disclosure requirements, plan design and coverage issues, wellness programs, health plan fees, and employer obligations. Mr. Haught has provided us with the attached Health Care RefOlID Toolkit to assist in keeping staff informed on requirements, which are steadily changing or being further clarified. He will give Council a brief overview so that you are informed on how the ACA will affect the City over the next few years as it is implemented in phases each year. A Health Care Reform Timeline is also provided to give a summary of the requirements for implementation. MOTION: Move to receive the overview of the Affordable Care Act from Haught Financial Group. Submitted: Approved: HEALTH CARE REFORM SR.DOC

155 Health Care Reform Too l kit ~~:::'yers Updated: 6/5/1 3

156 Table of Contents Introduction... 3 Notice and Disclosure Requirements Plan Design and Coverage Issues: Prior to Plan Design and Coverage Issues: 2014 and Beyond Wellness Programs Health Plan Fees... ~ Employer Obligations This Toolkit is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. The contents of this document may be affected by future regulations and sub-regulatory guidance Zywave, Inc. All rights reserved. 2

157 Introduction The health care reform law-the Affordable Care Act (ACA)-has many complex requirements for employers and health plans. Many employers are starting to focus more attention on the ACA's rules and, as a result, have more questions than ever. This Health Care Reform Toolkit is your one-stop guide for upcoming health care reform concerns. It is designed to help you address health care reform issues, topic-by-topic, step-by-step. Each section of the toolkit focuses on a single subject and includes: An executive summary; An action checklist to help you take the appropriate actions to achieve compliance; and A list of supporting documents that Haught Financial Group, Inc. can provide upon request. As new regulations and guidance are released, the Health Care Reform Toolkit will continue to expand and be updated. Please contact Haught Financial Group, Inc. as new regulations are released to request an updated copy. What is a large employer? The health care reform law does not have a consistent answer for that. An employer might be considered large for one rule but not another. For this Toolkit, a large employer is one that has 50 or more employees. Most of the sections in this guide apply to employers of this size. However, certain provisions apply only to larger employers. 3

158 Notice and Disclosure Requirements Notice of Exchange Employers subject to the FLSA Oct. 1,2013 Employers must provide all new hires and current employees with a written notice about ACA's health insurance exchanges (Exchanges). ACA required employers to provide the Exchange notice by March 1, 2013, but the DOL delayed this deadline. On May 8, 2013, the DOL set a compliance deadline for providing the Exchange notices that matches up with the start of the first open enrollment period under the Exchanges, as follows: New Hires - Employers must provide the notice to each new employee at the time of hiring beginning Oct. 1, For 2014, the DOL will consider a notice to be provided at the time of hiring if the notice is provided within 14 days of an employee's start date. Current Employees - With respect to employees who are current employees before Oct. 1, 2013, employers are required to provide the notice no later than Oct. 1, In general, the notice must: Inform employees about the existence of the Exchange and give a, description of the services provided by the Exchange; Explain how employees may be eligible for a premium tax credit or a costsharing reduction if the employer's plan does not meet certain requirements; Inform employees that if they purchase coverage through the Exchange, they may lose any employer contribution toward the cost of employer-provided coverage, and that all or a portion of this employer contribution may be excludable for federal income tax purposes; and Include contact information for the Exchange and an explanation of appeal rights. The DOL also provided model Exchange notices for employers to use, which will require some customization. The notice may be provided by first-class mail, or may be provided electronically if the requirements of the DOL's electronic disclosure safe harbor are met. Federal agencies plan to issue more specific guidance on this notice requirement. Action Items: o Customize the appropriate model Exchange notice. o Prepare to provide the customized notice to all new and current employees by the deadline. o Monitor health care reform developments for upcoming guidance on the notice requirement. 4

159 Documents Available from Haught Financial Group, Inc.: Health Care Reform: 2013 Compliance Checklist Health Care Reform Timeline Health Care Reform: DOL Issues Model Exchange Notice and Sets Compliance Deadline Health Care Reform: Model Exchange Notice for Employers that Offer Health Plans Health Care Reform: Model Exchange Notice for Employers that Do Not Offer Health Plans Summary of Benefits and Coverage Health insurance issuers Health plans (insured and self-funded) Sept. 23, 2012 First 'open enrollment period beginning on or after Sept. 23, 2012 First plan year beginning on or after Sept. 23, 2012 Health plans (both insured and self-funded) must provide a Summary of Benefits and Coverage (SBC) to participants and beneficiaries. The SBC is a succinct document that provides simple and consistent information about health plan benefits and coverage in plain language. For insured plans, issuers must provide an SBC to the plan sponsor and may also send the SBC to participants and beneficiaries on behalf of an insured health plan. Plans and issuers must provide the SBC to participants and beneficiaries who enroll or re-enroll during an open enrollment period beginning with the first open enrollment period that begins on or after Sept. 23, The SBC also must be provided to participants and beneficiaries who enroll other than through an open enrollment period (including individuals who are newly eligible for coverage and special enrollees) effective for plan years beginning on or after Sept. 23, Action Items: D D D D Determine the type of coverage offers for which an SBC must be provided. Identify the plan year(s) and compliance date(s) for providing the SBC. For self-funded plans, prepare an SSC according to the instructions for each affected plan and provide the SBC to participants and beneficiaries at specified times according to the distribution rules. For insured plans: Confirm that the carrier will prepare an SBC and coordinate whether the carrier will provide the SSC to participants and beneficiaries. 5

160 If not provided by the carrier, provide the SBC to participants and beneficiaries at specified times according to the distribution rules. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Summary of Benefits and Coverage Health Care Reform: FAQs on Summary of Benefits and Coverage Health Care Reform: Additional FAQs Released on Summary of Benefits and Coverage Health Care Reform: Year One Template for Summary of Benefits and Coverage Health Care Reform: Year Two Template for Summary of Benefits and Coverage Health Care Reform: Instructions for Summary of Benefits and Coverage GO-Day Notice of Plan Changes Health insurance issuers Health plans (insured and self-funded) After SBC effective date A health plan or issuer must provide 60 days' advance notice of any material modifications to the plan that are not related to renewals of coverage. Specifically, the advance notice must be provided when a material modification is made that would affect the content of the SBC and the change is not already included in the most recently provided SBC. A "material modification" is any change to a plan's coverage that would be considered by the average plan participant to be an important change in covered benefits or other terms of coverage. A material modification may include an enhancement in covered benefits or services or other more generous plan or policy terms, a material reduction in covered services or benefits or more strict requirements for receiving benefits. Notice can be provided in an updated SBC or a separate summary of material modifications. This 60-day notice requirement becomes effective when the SBC requirement goes into effect for a health plan. Action Items: o Determine if the SBC requirement is already effective for the plan. o If yes, analyze proposed plan changes that are not related to renewal to determine if they are material modifications to the plan. 6

161 o If the mid-year changes are material modifications, provide notice of the change using a new SSC or a summary of material modifications at least 60 days before the change is scheduled to be effective. o For insured plans, determine whether the carrier will provide this notice. Document Available from Haught Financial Group, Inc.: Health Care Reform: 60-Day Advance Notice of Plan Changes Statement of Grandfathered Status (GF plans only) Grandfathered plan administrators and issuers Currently effective Provide periodically with participant materials Grandfathered (GF) plans are those that existed on March 23, 2010 and have not made certain prohibited changes. In order to retain GF status, these plans must provide a statement of GF status to participants. The first statement was required to be provided before the first plan year beginning on or after Sept. 23, The statement must continue to be provided on a periodic basis with participant materials describing plan benefits. Action Items: o Confirm whether the plan is grandfathered or non-grandfathered. o If grandfathered, include the model statement in participant plan materials. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Overview of Grandfathered Plans Health Care Reform: Grandfathered Plans - Permitted and Prohibited Changes Health Care Reform: Model Notice for Grandfathered Plans 7

162 Notice of Rescission Group health plans Health insurance issuers Currently effective Provide 30 days before any rescission Group health plans and health insurance issuers may not rescind coverage for covered individuals, except in the case of fraud or intentional misrepresentation of a material fact. A "rescission" is a cancellation or discontinuance of coverage that has a retroactive effect. A termination of coverage that has a retroactive effect is permissible if it is due to the participant's failure to pay required premiums or contributions for the coverage. This prohibition applies to grandfathered and non-grandfathered health plans, whether in the group or individual market, and whether coverage is insured or self-funded. If a rescission is permitted, the plan administrator or issuer must provide a notice of rescission to affected participants at least 30 days before the rescission occurs. Action Items: o Before terminating coverage for a participant, review whether the termination will have a retroactive effect. o If yes, confirm that the retroactive termination is due to fraud, intentional misrepresentation or non-payment for coverage. Rescissions are not permitted based on an inadvertent misstatement or to correct a plan error (such as mistakenly covering an ineligible employee). o Before terminating coverage retroactively, provide 30 days' advance notice to the affected participant. Document Available from Haught Financial Group, Inc.: Health Care Reform: Prohibition on Rescissions 8

163 Notice of Patient Protections and Selection of Providers (Non-GF plans only) Non-GF group health plans Health insurance issuers of non-gf plans Currently effective Provide with SPD or similar description of benefits Non-GF group health plans and health insurance issuers that require designation of a participating primary care provider must permit each participant, beneficiary and enrollee to designate any available participating primary care provider (including a pediatrician for children). Non-GF group health plans and issuers that provide obstetrical/gynecological care and require a designation of a participating primary care provider may not require preauthorization or referral for obstetrical/gynecological care. Plan administrators or issuers of these plans must provide a notice of patient protections/selection of providers whenever the summary plan description (SPD) or similar description of benefits is provided to a participant. The first notice should have been provided no later than the first day of the plan year beginning on or after Sept. 23, Action Items: o Determine whether plan is GF or non-gf. o If non-gf, incorporate Notice on Patient Protections into SPD or benefits description. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Patient Protections Health Care Reform: Model Notice on Patient Protections 9

164 Plan Design and Coverage Issues: Prior to 2014 Preventive Care Services for Women (Non-GF plans on ly) Non-grandfathered health plans Plan years beginning on or after Aug. 1,2012 Effective for plan years beginning on or after Aug. 1, 2012, non-grandfathered health plans must cover specific preventive care services for women without cost-sharing requirements. The covered preventive care services include: Well-woman visits Gestational diabetes screening Human papillomavirus (HPV) testing Sexually transmitted infection (STI) counseling Human immunodeficiency virus (HIV) screening and counseling FDA-approved contraception methods and contraceptive counseling (exceptions apply to certain religious employers and various legal challenges to this provision are in process) Breastfeeding support, supplies and counseling Domestic violence screening and counseling The preventive care guidelines for women are available at: Action Items: o Insured plans: confirm with carrier that plan will cover recommended preventive care services for women on plan's effective date o Self-funded plans: amend plan to cover recommended preventive care services for women with no cost-sharing on plan's effective date Documents Available from Haught Financial Group, Inc.: Health Care Reform: Preventive Care Coverage Guidelines Health Care Reform: Preventive Care Guidelines for Women Health Care Reform: Contraceptive Exemption Proposed for Religious Employers Health Care Reform: Federal Courts Temporarily Block Contraceptive Mandate 10

165 $2,500 Contri bution Limit for Health FSAs Health FSAs Plan years beginning on or after Jan. 1, 2013 Effective for plan years beginning on or after Jan. 1, 2013, an employee's annual pre-tax salary reduction contributions to a health flexible spending account (FSA) through a cafeteria plan must be limited to $2,500. (The $2,500 limit will be indexed for cost-of-living adjustments for 2014 and later years.) Health FSA plan sponsors are free to impose an annual limit that is lower than the ACA limit for employees' health FSA contributions. Also, the $2,500 limit does not apply to employer contributions to the health FSA and it does not impact contributions under other employer-provided coverage. For example, employee salary reduction contributions to an FSA for dependent care assistance or adoption care assistance are not affected by the $2,500 health FSA limit. Action Items: o Determine whether the health FSA limits the amount of money an employee can set aside into the FSA on a pre-tax basis per plan year. o If yes, confirm that the limit is $2,500 or lower. o If there is no limit or a limit above $2,500, establish a limit that does not exceed $2,500 for the first plan year beginning on or after Jan. 1, Documents Available from Haught Financial Group, Inc.: Health Care Reform: Changes to Health Accounts Health Care Reform: IRS Provides Guidance on $2,500 Health FSA Limit 11

166 Plan Design and Coverage Issues: 2014 and Beyond The provisions in this section are set to become effective in Some of these issues have been addressed in agency guidance; others are still awaiting more information. As developments related to these topics occur, additional content will be provided. Annual Lim its Health plans I Restricted annual limits currently effective Annual limits eliminated for plan years beginning on or after Jan. 1, 2014 Effective for plan years beginning on or after Jan. 1, 2014, health plans will be prohibited from placing annual limits on essential health benefits. Until then, however, restricted annual limits are permitted. Unless a health plan received an annual limit waiver, its annual limit on essential health benefits for the 2013 plan year must be at least $2 million. (This limit applies to plan years beginning on or after Sept. 23, 2012, but before Jan. 1,2014.) Action Items: D D D D D D Determine whether the health plan imposes an annual limit on essential health benefits. If yes, confirm that the annual limit is at least $2 million for the 2013 plan year. If the annual limit for the 2013 plan year is less than $2 million, determine whether the plan has a valid waiver of the annual limit requirement. If the plan has a valid waiver of the annual limit requirement, confirm that the required notice has been provided to.plan participants. If the annual limit is less than $2 million for the 2013 plan year and the plan does not have a valid waiver, the annual limit must be revised. Ensure that no annual limit will be imposed on essential health benefits for the 2014 plan year and beyond. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Lifetime and Annual Limits Health Care Reform: Temporary Waiver Program for Annual Limits Health Care Reform: Application of Annual Limit Restrictions to HRAs Health Care Reform : Model Notice of Annual Limit Waiver 12

167 Excessive Wa iting Periods Group health plans - insured and selffunded Health insurance issuers Plan years beginning on or after Jan. 1,2014 A group health plan or issuer may not impose a waiting period that exceeds 90 days. A waiting period is the period of time that must pass before coverage for an employee or dependent who is otherwise eligible to enroll in the plan becomes effective. Eligibility conditions that are based solely on the lapse of time are permissible for no more than 90 days. Other conditions for eligibility are permissible, as long as they are not designed to avoid compliance with the 90-day waiting period limit. A special rule applies if a group health plan conditions eligibility on an employee regularly working a specified number of hours per pay period (or working full time), and it cannot be determined that a newly hired employee is reasonably expected to regularly work that number of hours per period (or work full time). In this type of situation, the plan may take a reasonable period of time to determine whether the employee meets the plan's eligibility condition. This may include a measurement period that is consistent with the shared employer responsibility provisions (even if the employer is not a large employer). The time period for determining whether a variable hour employee meets the plan's eligibility condition will comply with ACA's 90-day waiting period limit if coverage is made effective no later t~an 13 months from the employee's start date, except where a waiting period that exceeds 90 days is imposed after the measurement period. If an employee's start date is not the first of the month, the time period can also include the time remaining until the first day of the next calendar month. Action Items: D D D Review whether your plans contain a waiting period for participation. If the waiting period exceeds 90 days, amend the waiting period to 90 days or less for plan years beginning on or after Jan. 1, If it is unclear that a newly-hired employee will work the required number of hours, set a measurement period to determine whether the hours requirement will be met in the future. Document Available from Haught Financial Group, Inc.: Health Care Reform: Proposed Guidance Issued on 90-day Waiting Period Limit 13

168 Pre-existing Condition Exclusions Group health plans - insured and selffunded He~lth insurance issuers Plan years beginning on or after Jan. 1,2014 Effective for plan years beginning on or after Jan. 1, 2014, group health plans and health insurance issuers may not impose pre-existing condition exclusions on any covered individual, regardless of the individual's age. Pre-existing condition exclusions are already prohibited for individual's under age 19. A pre-existing condition exclusion is a limitation or exclusion of benefits related to a condition based on the fact that the condition was present before the individual's date of enrollment in the employer's plan. Action Items: o Review each plan to determine whether it imposes a pre-existing condition exclusion on any individual. o If yes, amend the plan to delete the pre-existing condition exclusion for plan years beginning on or after Jan. 1, Document Available from Haught Financial Group, Inc.: Health Care Reform: Pre-existing Condition Exclusions Coverage for Clinical Trial Participants (Non-GF plans on ly) Group Health plans - insured and selffunded Health insurance issuers Plan years beginning on or after Jan. 1,2014 Effective in 2014, non-grandfathered group health plans and insurance policies will not be able to terminate coverage because an individual chooses to participate in a clinical trial for cancer or other life-threatening diseases or deny coverage for routine care that they would otherwise provide just because an individual is enrolled in such a clinical trial. Action Item: o Ensure that plan terms and operations do not discriminate against participants who participate in clinical trials. Document Available from Haught Financial Group, Inc.: Health Care Reform: Coverage for Participants in Clinical Trials 14

169 Lim its on Cost-sharing (Non-GF Plans On ly),, Deductible limit - non-gf plans and issuers in the small group market Out-ot-pocket maximum - all non-gf health plans and issuers Plan years beginning on or after Jan. 1, 2014 Effective tor plan years beginning on or after Jan. 1, 2014, non-grandfathered group health plans will be subject to limits on cost-sharing or out-ot-pocket costs. Out-of-pocket expenses may not exceed the amount applicable to coverage related to HSA. Deductibles may not exceed $2,000 (single coverage) or $4,000 (family coverage). These amounts are indexed for subsequent years. Final guidance on this requirement provides that the deductible requirement will apply only to plans in the insured small group market, while the out-of-pocket cost limit will apply to all non-grandfathered health plans (including self-insured plans and plans and issuers in the large group market). Action Item: o Be aware that large plans will have limitations on out-of-pocket expenses. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Cost-Sharing Limits for Health Plans Health Care Reform: Cost-Sharing Limitations and Preventive Care Coverage Clarified Nondiscrimination for Fully-insured Plans (Non-GF plans only) Non-GF insured group health plans When regulations are issued and applicable Non-grandfathered fully-insured group health plans will have to comply with federal nondiscrimination rules related to compensation. These rules prohibit discrimination in favor of highly compensated employees. Under the ACA, these plans will have to follow rules similar to the nondiscrimination rules applicable to self-funded plans. These rules are found in Internal Revenue Code section 105(h) and require plans to pass both an eligibility test and a nondiscrimination test. In December 2010, the IRS acknowledged that plans needed additional clarification to be able to comply with the new law. Compliance with the new nondiscrimination rules will not be required until after guidance is issued. 15

170 Because these restrictions will apply to non-grandfathered plans only, grandfathered plans that discriminate in favor of highly compensated employees may wish to retain their grandfathered status. Action Items: o Identify whether your plans are grandfathered or non-grandfathered. o Continue to monitor IRS guidance for further rules on nondiscrimination requirements. o For grandfathered plans, consider maintaining grandfathered status if current plan design is potentially discriminatory. Document Available from Haught Financial Group, Inc.: Health Care Reform: Nondiscrimination Rules for FUlly-Insured Group Health Plans 16

171 Wellness Programs Wellness Programs Health-contingent wellness programs 2014 Under current law, the reward under a health-contingent wellness program is limited to 20 percent of the cost coverage. Health-contingent wellness programs require individuals to satisfy a standard related to a health factor in order to obtain a reward. There are two types of health-contingent well ness programs: Activity-only wellness programs require an individual to perform or complete an activity related to a health factor in order to obtain a reward (for example, walking, diet or exercise programs). Outcome-based wellness programs require an individual to attain or maintain a certain health outcome in order to obtain a reward (for example, not smoking, attaining certain results on biometric screenings or meeting exercise targets). In 2014, the maximum permissible reward will increase to 30 percent of the cost of coverage. In addition, final regulations increase the maximum permissible reward to 50 percent of the cost of health coverage for programs designed to prevent or reduce tobacco use. The other common type of wellness programs, participatory well ness programs, does not require an individual to meet a standard related to a health factor in order to obtain a reward or does not offer a reward at all (for example, a fitness center reimbursement program or a program that reimb~rses employees for the costs of smoking cessation programs, regardless of whether the employee quits smoking). There is no limit on financial incentives for participatory well ness programs. Action Items: o Review your current well ness program offerings to determine whether they are health-contingent or participatory wellness programs. o If the wellness program is health-contingent, confirm the program complies with current law and consider whether to raise the reward in Documents Available from Haught Financial Group, Inc.: Health Care Reform: Implications on Workplace Wellness Programs Health Care Reform: Final Rules on Workplace Well ness Programs 17

172 Health Plan Fees Research Fees Health insurance issuers Self-funded health plans Plan years ending on or after Oct. 1, 2012, and before Oct. 1, 2019 Health insurance issuers and self-funded group health plans must pay fees to finance comparative effectiveness research. These research fees are called Patient-Centered Outcomes Research Institute fees (PCORI fees), although they may also be called PCOR fees or comparative effectiveness research (CER) fees. The fees apply for plan years ending on or after Oct. 1,2012. The PCORI fees do not apply for plan years ending on or after Oct. 1, For calendar year plans, the research fees are effective for the 2012 through 2018 plan years. For plan years ending before Oct. 1,2013 (that is, 2012 for calendar year plans), the research fee is $1 multiplied by the average number of lives covered under the plan. For plan years ending on or after Oct. 1, 2013, and before Oct. 1, 2014, the fee is $2 multiplied by the average number of lives covered under the plan. For plan years ending on or after Oct. 1, 2014, the PCORI fee amount will grow based on increases in the projected per capita amount of National Health Expenditures. A health reimbursement arrangement (HRA) is not subject to a separate research fee if it is integrated with another self-insured plan providing major medical coverage, as long as the H RA and the plan are established and maintained by the same plan sponsor and has the same plan year. If an HRA is integrated with an insured group health plan, the plan sponsor of the HRA and the issuer of the insured plan will both be subject to the research fees, even though the HRA and insured group health plan are maintained by the same plan sponsor. The same analysis applies to health flexible spending accounts (FSAs) that do not qualify as excepted benefits. The PCORI fees are due by July 31 of each year. The first possible deadline for filing Form 720 is July 31,2013. Action Items: o Review your organization's health coverage to determine the plan(s) subject to the research fees. o If a plan is insured, the carrier is responsible for paying the fee, although the carrier may shift the fee to your organization through a premium increase. o If there is an HRA, determine whether it qualifies for the exception for multiple self-funded plans, or whether it is subject to the research fee. o If your organization is required to pay the fee for any self-funded plans, select a method for counting covered lives. 18

173 Documents Available from Haught Financial Group, Inc.: Health Care Reform: Patient-Centered Outcomes Research Institute Fees (PCORI Fees) Health Care Reform: Final Guidance Released on Research Fees Reinsurance Fees Health insurance issuers Self-funded health plans Three-year period from 2014 through 2016 Health insurance issuers and self-funded group health plans must pay fees to a transitional reinsurance program for the first three years of health insurance exchange operation ( ). The fees will be used to help stabilize premiums for coverage in the individual market. Fully-insured plan sponsors do not have to pay the fee directly. Certain types of coverage are excluded from the reinsurance fees, including HRAs that are integrated with major medical coverage, HSAs, health FSAs and coverage that consists solely of excepted benefits under HIPAA (such as standalone vision and dental coverage). The reinsurance program's fees will be based on a national contribution rate, which HHS will announce annually. For 2014, HHS has proposed a national contribution rate of $5.25 per month ($63 per year). The reinsurance fee is calculated by multiplying the average number of covered lives by the national contribution rate. Additional guidance is expected to be issued on this fee requirement. Action Items: o Review your organization's health coverage to determine the plan(s) subject to the reinsurance fees. o If a plan is insured, the carrier is responsible for paying the fee, although the carrier may shift the fee to your organization through a premium increase. o If your organization is required to pay the fee for any self-funded plans, select a method for counting covered lives. o Monitor health care reform developments for additional guidance on the reinsurance fee. Document Available from Haught Financial Group, Inc.: Health Care Reform: Reinsurance Fees Will Cost Group Health Plans 19

174 Health Insurance Providers Fee Any entity that provides health insurance for any U.S. health risk Sept. 30 of each calendar year, beginning in 2014 Beginning in 2014, ACA imposes an annual, non-deductible fee on the health insurance sector, allocated across the industry according to market share. The fee, which is treated as an excise tax, is required to be paid by Sept. 30 of each calendar year. The health insurance providers fee applies to all "covered entities," defined as entities that provide health insurance for any United States health risk. The fee will be assessed on health insurers' premium revenue with respect to health insurance above $25 million. The fee program specifically excludes self-insured employers. The term "health insurance" does not include coverage for specific diseases, accident or disability only, hospital indemnity, long-term care or Medicare supplemental health insurance. However, limited dental and vision coverage are included for purposes of th is fee. The aggregate annual fee for all covered entities will be apportioned among the covered entities according to their respective market shares, as measured by net premiums written for health insurance. The aggregate annual fee for all covered entities is expected to be $8 billion for 2014, $11.3 billion for 2015 and 2016, $13.9 billion for 2017 and $14.3 billion for Beginning in 2019, the cost of the fee will increase based on the rate of premium growth. Action Item: o Watch for communications from the insurance carrier as to how this fee might impact costs for the plan. Document Available from Haught Financial Group, Inc.: Health Care Reform: Health Insurance Providers Fee 20

175 Employer Obligations Additional Med icare Tax All employers Jan. 1, 2013 (for the 2013 tax year) Effective Jan. 1, 2013, the Medicare Part A (hospital insurance) tax rate increases by 0.9 percent (from 1.45 percent to 2.35 percent) on wages over $200,000 for an individual taxpayers and $250,000 for married couples filing jointly. An employer must withhold the additional Medicare tax on wages or compensation it pays to an employee in excess of $200,000 in a calendar year. An employer has this withholding obligation even though an employee may not be liable for the additional Medicare tax because, for example, the employee's wages or other compensation together with that of his or her spouse (when filing a joint return) does not exceed the $250,000 liability threshold. Any withheld additional Medicare tax will be credited against the total tax liability shown on the individual's income tax return (Form 1040). Action Items: o Monitor employee wages to be aware of the date an employee reaches $200,000 in wages in a single year. o Once an employee has earned $200,000, change the Medicare hospital insurance tax withholding rate to 2.35 percent. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Proposed Rules on the Additional Medicare Tax Health Care Reform: Questions and Answers on Additional Medicare Tax Employer Penalties for Not Offering Required Coverage Employers with 50 or more employees (including full-time and full-time equivalent employees) Jan. 1,2014 (not based on plan year or renewal date, although transition relief is provided for non-calendar year plans) Employers with 50 or more employees (including full-time and full-time equivalent employees) that do not offer health coverage to their full-time employees (and dependents) that is affordable and provides minimum value will be subject to penalties if any full-time employee receives a government subsidy for health coverage through an Exchange. The sections of the health care reform law that contain the penalty requirements are known as the "shared responsibility" provisions. 21

176 The size of the employer for the shared responsibility rule is based on the average size for the prior calendar year. Part-time employees are included in the calculation according to a formula but are not required to be offered coverage. Special rules apply to counting seasonal employees, foreign employees and temporary agency employees. Companies with common ownership may have to be combined for purposes of this rule. The penalty amount for not offering health coverage is up to $2,000 annually for each full-time employee, excluding the first 30 employees. Under proposed IRS regulations, an employer would not be liable for this penalty if it offers coverage to all but five percent (or, if greater, five) of its full-time employees and dependents. Employers who offer health coverage, but whose employees receive tax credits because the coverage is unaffordable or does not provide minimum value, will be subject to a fine of up to $3,000 annually for each full-time employee receiving a tax credit, with a maximum annual fine of $2,000 per full-time employee (excluding the first 30 employees). The IRS has provided safe harbor guidance for employers on determining who is considered a full-time employee (and must be offered coverage), along with how to measure a plan's affordability and how penalties will apply when there is a waiting period for coverage. Guidance has also been issued on ways to determine a plan's minimum value, including a calculator. The proposed regulations also provide transition relief for non-calendar year plans, or fiscal year plans. The transition relief applies with respect to employees who would be eligible for employer-sponsored coverage as of the first day of the fiscal plan year starting in 2014 under the plan's eligibility terms as in effect on Dec. 27, If these employees are offered affordable, minimum value coverage no later than the first day of the plan year starting in 2014, the employer will not be assessed a shared responsibility penalty with respect to these employees for any period in 2014 prior to the beginning of the plan year that starts in 2014 and runs into Second, if an employer offered coverage under a fiscal year plan to at least onethird of its employees (full-time and part-time) at the most recent open enrollment period before Dec. 27, 2012 (or if the fiscal year plan covered at least one quarter of the employer's employees), the employer will not be subject to a shared responsibility payment with respect to any of its full-time employees until the first day of the plan year starting in 2014, provided that those full-time employees are offered affordable coverage that provides minimum value no later than that first day. For purposes of determining whether the plan covers at least one quarter of the employer's employees, an employer may look at any day between Oct. 31,2012, and Dec. 27,2012. Reporting of coverage provided will be required for employers subject to the shared responsibility rules. Further guidance on the reporting requirement is anticipated. Employers will have to report information on the design and cost of their plans, applicable waiting periods and employees covered by the plan. 22

177 Action Items - Determine Employer Size o Count the number of employees according to the steps below to determine whether your organization will be subject to the share responsibility provisions. Include common law employees in the calculation and count employees of all related companies according to the IRS controlled group and affiliated service group rules in Code section 414. Rather than using the full 12 months of 2013 to measure whether you have 50 or more employees, the proposed IRS regulations allow employers to use any consecutive sixmonth period in o Calculate the number of full-time employees (including seasonal employees) for each calendar month in the preceding calendar year. A full-time employee for any month is an employee who is employed on average for at least 30 hours of service per week. o Calculate the number of full-time equivalent employees (including seasonal employees) for each calendar month in the preceding calendar year by calculating the aggregate number of hours of service (but not more than 120 hours of service for any employee) for all employees who were not full-time employees for that month and dividing the total hours of service by 120. o Add the number of full-time employees and full-time equivalent employees (including fractions) calculated above for each of the 12 months in the preceding calendar year. o Add up the 12 monthly numbers from the preceding step and divide the sum by 12. Disregard fractions. Action Items - Determine Whether Coverage Is Offered to Full-time Employees (and Dependents) o To predict whether your organization will be subject to a shared responsibility penalty, determine whether your organization offers coverage to substantially all full-time employees (and dependents). o Coverage need not be provided during a permissible waiting period. o All common law employees that work an average of 30 hours per week or more must be considered full time. o If your organization has variable hour or seasonal employees where it is uncertain if they will work the requisite number of hours, establish a measurement period of 3-12 months to determine the average hours worked, in accordance with the separate rules for ongoing and new employees. o If measurement periods are established for an employee, establish a stability period that is at least six months long and as long as the measurement period for treating the employee as full-time or not, depending on the results of the measurement period. An administrative period of up to 90 days may be established as well. 23

178 Action Items - Determine Whether Coverage Offered Is Affordable o To predict whether your organization will be subject to a penalty for not providing affordable coverage, assess the affordability of your organization's health coverage under one of the IRS's affordability safe harbors. o Under the Form W-2 safe harbor, determine if the employee portion of the self-only premium does not exceed 9.5 percent of the employee's W-2 wages. o Under the rate of pay safe harbor, determine if coverage is affordable based on an employee's rate of pay. The employee's monthly contribution amount (for the self-only premium) is affordable if it is equal to or lower than 9.5 percent of the computed monthly wages. o Under the federal poverty line safe harbor, affordabilify is determined based on the federal poverty line (FPL) for a single individual. Under this safe harbor, employer-provided coverage offered to an employee is considered affordable if the employee's cost for self-only coverage does not exceed 9.5 percent of the FPL for a single individual. Action Items - Determine Whether Coverage Offered Provides Minimum Value o Review whether the plan provides minimum value by covering at least 60 percent of the cost of benefits. To make this determination, use one of the th ree available methods (minimum value calculator, safe harbor checklists or actuarial certification). Federal agencies have not yet released the safe harbor checklists. o Under the calculator approach, enter plan design data into the minimum value calculator to determine minimum value. o Once the safe harbor checklists are issued by federal agencies, they can be used to determine if the plan provides minimum value. If the plan 's terms are consistent with or more generous than anyone of the safe harbor checklists, the plan would be treated as providing minimum value. o If neither the calculator nor the checklists can be used because a plan has nonstandard features, seek an actuary's certification that the plan provides minimum value. Actions Items - Required Reporting o In 2015, provide required information regarding plan coverage and participation in accordance with information return requirements. Resources Available from Haught Financial Group, Inc.: Health Care Reform: Potential Penalties for Employers under the Payor Play Rules Health Care Reform: Proposed Rules Released on Employer Penalties 24

179 Health Care Reform: Payor Play Penalty - Affordability Safe Harbors Health Care Reform: Large Employers Subject to Payor Play Penalty Payor Play Penalty - Coverage for Substantially All Full-time Employees and Dependents Health Care Reform: Payor Play Penalty - Identifying FUll-time Employees Health Care Reform: Payor Play Penalty - Common Ownership Aggregation Rules Health Care Reform: HHS Releases Final Minimum Value Guidance and Calculator Health Care Reform: Proposed Guidance Issued on go-day Waiting Period Limit Health Care Reform: Individual Tax Credits to Trigger Employer Penalties Health Care Reform Payor Play Calculator Form W-2 Reporting Employers that had to file 250 or more Forms W-2 in the prior calendar year (see exceptions below) 2012 tax year Large employers are required to report the aggregate cost of employersponsored group health plan coverage on their employees' Forms W-2. The purpose of the reporting requirement is to provide information to employees regarding how much their health coverage costs. The reporting does not mean that the cost of the coverage is taxable to employees. In general, all employers that provide applicable employer-sponsored coverage must comply with the Form W-2 reporting requirement. This includes government entities, churches and religious organizations, but does not include Indian tribal governments or tribally chartered corporations wholly owned by an Indian tribal government. Employers that do not meet the definition of "large employer" for this section may be subject to this reporting in the future. The IRS has delayed the reporting requirement for these smaller employers by making it optional for these employers until further guidance is issued. An employer is considered a small employer if it had to file fewer than 250 Forms W-2 for the prior calendar year. Thus, if an employer was required to file fewer than 250 Forms W-2 for 2011, the employer would not be subject to the reporting requirement for The IRS has indicated that the Internal Revenue Code's corporate aggregation (common ownership) rules do not apply for purposes of determining whether an employer filed fewer than 250 Forms W-2 for the prior 25

180 year. However, if an employer files fewer than 250 Forms W-2 only because it uses an agent to file them, the employer does not qualify for the small employer exemption. The coverage that must be reported is "applicable employer-sponsored coverage," which is group health plan coverage provided to an employee by the employer and which is excludable from the employee's gross income. The IRS has excluded certain types of coverage from the reporting requirement and has made reporting of other types optional. The amount that must be reported is the aggregate cost of the coverage, including both the employer and employee portions of the cost. The cost must be determined on a calendar years basis. The IRS has identified a few different methods for calculating the cost, which are also used for calculating the cost of COBRA coverage. Action Items: o Determine whether your organization is subject to the requirement by reviewing the number of W-2 Forms filed for the 2011 tax year. o If your organization is a subject to the reporting requirement, identify the types of coverage provided that must be reported. o Calculate the total cost of coverage (employer plus employee portions) under each plan. o Determine the coverage that was provided to each employee over the course of the applicable tax year. o Include the value amount of that coverage during the W-2 preparation process. Documents Available from Haught Financial Group, Inc.: Health Care Reform: Form W-2 Reporting Requirements Health Care Reform: Types of Coverage Subject to Form W-2 Reporting Health Care Reform: IRS Q&As on Form W-2 Reporting Automatic Enrollment./ ' Employers subject to the FLSA with more than 200 full-time employees Unknown (after regulations issued and effective) Large employers that are subject to the Fair Labor Standards Act (FLSA) will be required to automatically enroll new full-time employees in one of the employer's health benefits plans (subject to any waiting period authorized by law), and to continue the enrollment of current employees in a health benefits plan offered through the employer. 26

181 For purposes of this rule, a large employer is one that has more than 200 fulltime employees. Employees must be notified of the enrollment and given the opportunity to opt out of any coverage in which the employee was automatically enrolled. Before this requirement can take effect, the Department of Labor (DOL) must issue implementing regulations. The DOL has stated that, while it intends to complete this rulemaking by 2014, the automatic enrollment guidance will not be ready to take effect by According to the DOL, employers are not required to comply with automatic enrollment requirement until final regulations are issued and become applicable. Action Items: D D D D D Monitor health care reform developments for DOL regulations on the automatic enrollment requirement. Once regulations are issued clarifying how employees should be counted, determine whether your organization is a large employer under this rule. If your organization qualifies as a large employer, implement processes to automatically enroll and re-enroll employees in your organization's health plan in accordance with the regulations. Establish a process for notifying employees of their automatic enrollment and right to opt out of coverage in accordance with the regulations. Establish a process for dis-enrolling employees that opt out of coverage in accordance with the regulations. Document Available from Haught Financial Group, Inc.: Health Care Reform: Automatic Enrollment Requirements 27

182 2010 Health plans that provide dependent coverage must make coverage available for dependents up to age 26 Uninsured individuals with pre-existing conditions can obtain health insurance through a high-risk health insurance pool program HHS established a website for individuals to identify affordable health insurance options in their state ( Early retiree reinsurance program provides reimbursement for a portion of the cost of providing health coverage for early retirees. Program was available for claims incurred before Jan. 1,2012 Lifetime dollar limits on essential health benefits are prohibited. Annual dollar limits are restricted until 2014 when all annual dollar limits on essential health benefits are prohibited Pre-existing condition exclusions are eliminated for children under age 19 Non-grandfathered health plans must cover certain preventive care services without cost-sharing Rescissions are prohibited in most cases; plan coverage may not be retroactively cancelled without prior notice to the enrollee Fully insured group health plans must satisfy nondiscrimination rules regarding participation and benefit eligibility (Note: delayed for regulations) Plans and issuers must adopt an improved internal claims and appeals process and comply with external review requirements (some rules were delayed until plan years beginning on or after Jan. 1,2012) First phase of the small business health care tax credit Rebates for the Medicare Part 0 "donut hole" sent to eligible enrollees 2011 Medical loss ratio (MLR) rules apply to health insurer premium spending (consumer rebates must be paid by Aug. 1 each year starting in 2012) Employers must report health coverage costs on Form W-2 (optional for 2011; mandatory for later years; delayed for further guidance for small employers) ate medicine and drugs are "qualified medical expenses" for HSAs, FSAs and HRAs only if prescribed (except insulin) Simple cafeteria plan provides small businesses with an easier way to sponsor a cafeteria plan Medicare Part 'D drug discounts start to be phased in for beneficiaries in the "donut hole" until the coverage gap is filled in 2020 Penalty tax increases on withdrawals from HSAs (prior to age 65) and Archer MSAs not used for qualified medical expenses Free annual well ness visit for Medicare beneficiaries and elimination of cost sharing for preventive care services 2012 Plans must provide SBe with the open enrollment period or plan year beginning on or after Sept. 23, 2012 (depending on type of enrollment) For plan years beginning on or after Aug. 1, 2012, plans and issuers must cover additional preventive care services for women without costsharing. Exceptions to contraceptive coverage apply to religious employers For plan years ending on or after Oct. 1, 2012, issuers and self-insured health plans must pay PeORl/comparative effectiveness research fees 2013 Improvements on HIPAA's electronic transaction rules start to be phased in Salary reduction contributions to FSAs are limited to $2,500 Medicare Part D subsidy deduction eliminated Income threshold for claiming itemized deduction for medical expenses increased Medicare hospital insurance tax rate for high wage workers increased Medical device excise tax established Employers must provide a notice to employees regarding the insurance exchanges by Oct. 1,2013 By Dec. 31, 2013, employers must certify compliance with certain HIPAA electronic transactions 2014 Individuals must obtain health insurance coverage or pay a penalty (some exemptions apply) Large employers must offer coverage to FT employees (that is affordable and provides minimum value) or pay a penalty Health insurance exchanges to be established for individuals and small employers Health insurance companies will not be able to discriminate against individuals based on health status Individual health care tax credits available for certain individuals Health insurance provider fee and reinsurance fee take effect and increase annually (reinsurance fee effective ) Health plans cannot impose waiting periods longer than 90 days No limits on annual dollar value of essential health benefits Pre-existing condition exclusions prohibited for adults Insured plans in the small group and individual market must provide comprehensive benefits coverage (does not apply to grandfathered plans) Reforms related to the allocation of insurance risk through reinsurance, risk corridors and risk adjustment become effective Some non-grandfathered health plans subject to cost-sharing limits Second phase of small business tax credit High-cost plan excise tax established in 2018 Future Automatic enrollment rules for employers with more than 200 FT rights reserved.

183 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT June 18,2013 SUBJECT: Approval of Resolution R , a Resolution Amending the Personnel Policies and Procedures Manual Definitions of Full Time Employee and Part Time Employee, and Setting an Effective Date. BACKGROUND: Under Health Care Reform, the definition of "full time employee" is an employee who is employed on average at least 30 hours of service per week. For employers that have at least 50 employees, this means employees that meet the 30-hour threshold on average must be provided with health insurance benefits. This requirement does not apply to seasonal or temporary employees. In order for the Personnel Policies and Procedures Manual definitions for full time employee and part time employee to meet this standard, Resolution R is provided to amend the Personnel Manual. A copy of the proposed changes to Section 3 Definition of Terms is provided with additions underlined and deletions struck through. RECOMMENDATION: Approval of Resolution R , with an effective date of July 1,2013. MOTION: Approval of Resolution R , with an effective date of July 1,2013. Approved: CyntlJ'aHUllte1:Human Resources Director PERSONNEL MANUAl R SR.DOC

184 RESOLUTION NO. R A RESOLUTION OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, AMENDING THE PERSONNEL POLICIES AND PROCEDURES MANUAL IN SECTION 3, DEFINITION OF TERMS, CHANGING THE DEFINITIONS OF FULL TIME EMPLOYEE AND PART TIME EMPLOYEE, AND SETTING AN EFFECTIVE DATE. WHEREAS, under Health Care Reform the definition of "full time employee" is an employee who is employed on average at least 30 hours of service per week, it is necessalyto amend the definitions of full time employee and part time employee in the Personnel Policies and Procedures Manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA THAT: SECTION 1. The Personnel Policies and Procedures Manual, Section 3, Definition of Terms is amended as follows: Full Time Employee - Any employee whose position regularly requires a work week consisting of at least thirty five (35) thirty (30) hours. Regularly shall mean employee working six months or more of at least thirty five (35) thirty (30) hours per week Part time employees working in excess of thirty five (35) thirty (30) hours for less than six consecutive months are not considered full time employees. Part Time Employee - An employee hired into a position requiring the employee to work an average ofless than thirty five (35) thirty (30) hours per week SECTION 2. Effective Date. This Resolution shall take effect July 1, DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, IN REGULAR SESSION THIS 18 TH DAY OF JUNE, CITY OF GREEN COVE SPRINGS, FLORIDA ATTEST: Roy M. Timberlake, Jr., Mayor F. Lee Bentley, City Clerk APPROVED AS TO FORM: L. J. Arnold, III, City Attorney

185 SECTION 3 DEFINITION OF TERMS Terms not specifically herein defined shall have meanings as defined by common and ordinary usage. The decision of the City Manager as to the meaning of any non-defined terms is final. Absenteeism - Any failure to report for, or remain at work as scheduled, regardless of reason. Administrative Leave With/Without Pay - An interim paid or unpaid status, typically pending a final decision as to disciplinary action or where otherwise deemed to be in the City's best interest. Anniversary Date - The date an employee begins employment and the same date in following years. Also, the date from which vacation and sick leave benefits are computed. If an employee is in a non-pay status for a period of thirty (30) days or greater, the anniversary date shall be deferred by an equivalent amount. Benefit Programs - Employee health and welfare programs which may be provided. Such programs may include vacation leave, sick leave, holidays, group medical and life insurance, employee credit union, and the retirement savings plan. City - The City of Green Cove Springs. Classification - An act of grouping positions having similar duties and responsibilities, requiring similar qualifications, which can be equitably compensated within the same salary range. Classification Plan - A system of grouping positions into appropriate classes. Compensation - The standard rates of pay established for the respective classes of work, as set forth in any approved compensation plan. Compensation Plan - The schedule of rates of pay assigned to each class title. Compensatory Time - Excused time off from work which may be granted in lieu of pay for overtime work for non-exempt positions. Demotion - The assignment of an employee from one pay grade to another pay grade, which has a lower minimum and maximum rate of pay. Depru1ment Head - Depru1ment Heads shall be defined as those individuals who report directly to the City Manager and have budgetary responsibility to their department, such departments being established in the City's annual operating budget. 9

186 Dismissal - Complete involuntary separation of any employee from the City'S employment, except by death. Emergency - A condition that may affect or does affect a large part of the City population, corporate limits, City propelty or resources available to the City. This condition may be a result of, but not limited to, a wind stolm (hun icane, tomado), flood, fire, eruthquake, hazru dous materials andlor civil disobedience. Employee: Any employee of the City covered by the provision of these policies and procedures. A. Salaried/Exempt Employee - Those employees that meet the criteria for exempt status from overtime under the Fair Labor Standards Act (FLSA). This shall include but not be limited to the City Manager, Assistant City Manager, Police Chief, Director of Electric, Planning & Zoning Director, PHA Director, City Clerk, Finance Director, Personnel Director, Public Works Director, Deprutment Heads and others as deemed appropriate. B. Non-exempt Hourly Employee - Any employee whose official performance is subject to FLSA and who is compensated on an hourly basis. Full Time Employee - Any employee whose position regulru ly requires a work week consisting of at least thirty five (35) thirty (30) hours. Regularly shall mean employee working six months or more of at least thirty five (35) thilty (30) hours per week. Prut time employees working in excess of thirty five (35) thirty (30) hours for less than six consecutive months are not considered full time employees. Immediate Family - Includes the employee's spouse, father, mother, son, daughter, brother, sister, mother-in-law and father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-inlaw, step-father, step-mother, step-son, step-daughter, step-brother, step sister, half-brother, halfsister, grandson, granddaughter, grandmother, grandfather, uncle, aunt, nephew, and niece. Job Description - A general written description of a job or position, its qualifications and essential functions. Leave - An approved or directed absence from work. Merit Pay - An adjustment to an employee's base wage or in the case of an employee at the maximum of a pay range, a lump sum or a combination thereof based upon a performance evaluation progrrun set up by the City Manager. Merit Pay Increase - An increase in compensation which may be granted to an employee based onjob pelformance evaluation subject to availability of funds in the budget. Merit Review Date - Generally one month before merit increase, if applicable. The City Manager may detelmine other review dates based on hire date and promotions. If an employee is in a non-pay status for a period of thilty (30) calendar days or greater, the merit review date shall be deferred by an equivalent amount. 10

187 Oveliime - For purposes of the Fair Labor Standards Act, time worked by employees in excess of the applicable maximum hour standard for the work period is considered oveliime, although the City may pay additional compensation for hours worked outside an employee's regular schedule. Part Time Employee - An employee hired into a position requiring the employee to work an average of less than thirty five (35) thirty (30) hours per week. Part Time On-Call Employee - Any part time employee who is not regularly scheduled and who works only when called. Performance Evaluation - A written appraisal relative to the job performance of an employee. Probationary Employee - Any newly hired, promoted or transfened person serving a probationary period prior to being confirmed to a position. Probationary Period - A period of time provided to allow the City the opportunity to evaluate an employee's abilities and performance and to decide whether or not the employee is to be retained in the position or in the employ of the City in general. Promotion - The upgrading of an employee from a position of one pay grade to a position of another pay grade that has a higher minimum and maximum rate of pay. Regular Employee - A non-probationary full time employee of the City. Resignation - Voluntary separation from City employment. Absence from duty without leave for two (2) consecutive days shall be treated as a resignation. Stand-by Assignments - An assignment made by a department supervisor which requires an employee to be available for emergency work on his off-duty time; on nights, weekends, holidays, or at any other specified time. Supervisor - Supervisors shall be defined as those individuals who are in charge of the functioning of their department and who are charged with budgetary responsibility therefore, but who come under the direction of a Department Head and not directly under the City Manager. Those positions as established as Supervisors on the organizational chart. Suspension - The placing of an employee in an unpaid status as a disciplinary measure. Temporary Employee - An employee hired to perform seasonal work or other special projects as required. Termination - Voluntary or involuntary separation from City employment. Transfer - A change of an employee from one position to another position in the same pay grade. 11

188 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Professional Engagement for Peer Review and/or Construction Manager Services for the Construction of Police FacilitylEmergency Operations Center (EOC) BACKGROUND: On May 21 st, the Council approved the execution of an Agreement with Batson Cook, Inc. for the construction of the Police Facility/EOC. Subsequent to that approval on that same date, the Council passed by separate motion the following directive: "Direct City Manager to bring on Construction Manager prior to completion of drawings and pricing with Batson-Cook and/or a Peer Review, if necessary." Since I was unable to attend that Council meeting, I listened to the tape from that evening and followed the discussion, the gist of which was that the City will not approve the anticipated Change Order ($1.7 M and above), until such time as there is a review of the former drawings and the revised drawings that will drive the Construction Value, whose final value is not known until a Deductive Changer Order is presented for approval. Furthermore, there was also discussion that the Construction Manager be brought on board within two (2) weeks of contract execution. Logistically that has presented a challenge for the City which I will try to outline briefly below. As you know, we must have the project complete on or before May 31, 2014, in order to retain $400,000 grant award. We also know that the Construction period of 300 days begins after issuance of a Notice to Proceed (NTP) and/or a Building Permit, whichever comes later, for the non-demolition scope of work, per Section 3.1 in our contract with Batson-Cook. Neither of these milestones has OCCUlTed, since the drawings are under revision and will be done later this month. The only thing that has transpired thus far is a NTP and Notice of Commencement (NO C) for a demolition permit. The demolition should begin within the week. In addition, I also noted during the contract discussion, that the Council only gave the go ahead for the City Manager to proceed through the demolition scope of work. Anything beyond that requires Council approval. Since the only approval that has been granted by the Council is for demolition, then from my perspective, I believed that it was prudent to focus on a Peer Review that can run concurrent with demolition. Any commitment beyond that should follow after the Council's final decision. Taking all of this into account and looking at a timeline on a calendar produces these dates June - 0 days (only demolition scope of work) July - 15 days (July 31 - July 16 next planned Council meeting)* August - 31 days September - 30 days October - 31 days November - 30 days December - 31 days January - 31 days February - 28 days March - 31 days April - 30 days = 288 days May - 31 days = 319 days (Day 300 falls on May 12)

189 *Assumes the Peer Review and Deductive Change Order will take place no later than that date. If necessary, we may need to set a Special Session prior to July 16 1h to expedite. First, the City Charter prohibits the City Manager from expending any amount greater than $15,000. Clearly engagement of a Construction Manager to go beyond a Peer Review will exceed the $15,000. Next, we are also bound by a procurement policy adopted by Ordinance that stipulates anything above $25,000 is considered a folmal purchase and requires a competitive process. Furthermore, this type of service is subject to the Consultant's Competitive Negotiation Act (CCNA) FS For these reasons, we will be asking that the Council allow us to utilize a 'piggyback' approach for this service since sufficient time does not exist for us to do a separate procurement for a Construction Services Manager because it will place us outside the May 31 st timeline. At this point, 300 construction days would fall on or before May 12, 2014 for construction completion and then May 31, 2014 for grant completion. Chapter 3 in our Purchasing Manual defines 'Piggybacking' as the procedure of procuring goods or services by utilizing another public entity's award of an Invitation to Bid or Request for Proposal. In this light, we have been looking at current contracts that other public jurisdictions may have for this type of service. We have been focusing on firms that are currently working in communities on Police Facilities and EOCs. As part of our due diligence, one firm stands above and that is Architects Design Group (ADG). Coupling all of these factors has led us to recommend that we engage Architects Design Group under a piggyback contract to do a Peer Review and repoli those findings back to the Council at the July 16 th Council session or an earlier session if scheduled, at which time we will also present the proposed Deductive Change Order from the General Contractor. ADG is known nationally as a leader in the design and construction of Police Facilities and Emergency Operations Center (EOC). They are located in Winter Park, Florida. The Council must understand that in order to keep this project on task and on budget the Council must make a final decision at its July meeting. A copy of ADG's Proposal is attached in the amount of$10,800 which is part of the $55,600 line item in the project budget. ADG understands that as of June i h we are at 60% completion on the revised drawings and that they will be complete this month and fmiher that time is of the essence and a Peer Review would need to begin post haste. Mr. Ian Reeves, President, of ADG will be present at the Council meeting, as well as Mr. Scott Hudson from Batson-Cook. RECOMMENDATION: Therefore, we recommend that the Council authorize ADG to conduct a Peer Review as outlined in their June 13,2013 proposal for the reasons enumerated within this communication. MOTION: (1) Authorize ADG to conduct a Peer Review to be completed on or before July 5, 2013; (2) Accept piggyback procurement method as a means to solicit Peer Review and Construction Manager Services; and (3) Receive ADG Peer Review RepOli at July 16,2013 Council meeting. SUBMITTED BY:!7!f!d:{(;:::::

190 June 13,2013 Ms. Danielle J. Judd, City Manager City of Green Cove Springs 321 Walnut Street Green Cove Springs, FL RE: Green Cove Springs Police Department Peer Review Professional Services Dear Ms. Judd: Architects Design Group is pleased to offer this proposal for professional consulting services to provide the City of Green Cove Springs with a Peer Review of the design / value engineering efforts that have been conducted on the proposed Police Department facility. An outline of the scope of services is as noted below: Peer Review Consultant to conduct a Peer Review of the 100% construction documents package dated in comparison to the anticipated 100% construction documents package dated 06/13 for the sole purpose of evaluating the cost-reducing measures implemented which has been presented to the City to represent a value of$1.7 million dollars. This effort will involve utilizing current regional cost data analysis and will evaluate the value engineering package both collectively and individually. Collaboration shall need to occur between the Architect of Record, the General Contractor, the Green Cove Springs Police Department, and the consultant, and a final analysis report will be provided to the City on or before July 5, These services are proposed at a lump sum fee of $10,800. We would like to thank you for this opportunity to assist the City towards these noted efforts and are available to respond to any questions or comments that the City may have at your convenience. Thank you. Ian A. Reeves, AlA President

191 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Award of Loan in the amount of$2,415,000 to SunTrust Bank for the construction of the Green Cove Springs Police Facility/ Emergency Operations Center. BACKGROUND: On April 23, 2013, the City adopted Ordinance # that authorized the borrowing of up to $2,415,000 to construct the new police facility. Staff solicited loan proposals in the amount of $2,415,000 and received three good, competitive quotes. They were: SunTrust Bank Regions Bank BB&TBanle 1.35% for a fixed, six year term 1.38% for a fixed, six year term 1.41 % for a fixed, six year telid The loan will be secured solely by the discretionary sales su11ax revenue in the General Fund and will be obligated for the six year term of the loan. The loan will also allow for prepayment in whole without penalty. The debt service on the loan is estimated at $422K per year for an interest rate of 1.35%. It is staff's recommendation that the City use SunTrust Banle for the construction loan as SunTrust proposed the lowest, fixed rate. If Council approves SunTrust as the lender, the City's bond counsel, George Smith, with Bryant, Miller, Olive, Attorneys at Law, will prepare the Resolution to authorize borrowing the funds from SunTrust along with the closing documents. The Resolution and closing documents will be presented at the July 16,2013 Council meeting. The City will have costs associated with the closing of the loan which will be due at closing. These costs include: $2,500 for SunTrust bond counsel to review the closing documents prepared by the City's bond counsel $14,000 Bryant, Miller, Olive fees for preparing the closing documents, filing all tax forms and preparing Resolution to borrow $3,500 L.J. Arnold, III fees for reviewing documents to ensure they comply with City Code and Ordinances SunTrust has agreed to hold firm their proposed interest rate of 1.35% until July 18,2013, the date of closing. The proposal submitted by SunTrust is attached along with their notice of commitment to honor the 1.35% rate until the closing date.

192 MOTION: Award construction loan to build the Police Facility/Emergency Operations Center to SunTrust Bank in the amount of$2,415,000 with a fixed interest rate of 1.35% for a term of 6 years. SUBMITTED BY: Sue Heath j Finance Director/Assistant City Manager APPROVED BY: }~~~~. Danielle J. Ji d City Manager

193 6/12113 City of Green CO\e Springs Mail - Cityof Green CO\e Springs Sue Hoath <shf! 21th@weellcQvesprings.com> City of Green Cove Springs 2 mess ages Jones.Coley.A <Coley.A.Jones@suntrust.com> Wed, Jun 12, 2013 at 12:37 PM To: Sue Heath <sheath@greencovesprings.com> Cc: Irvin Weinstein <iweinstein@rtlaw.com>, "Flynn. Laurel" <Laurel. Flynn@suntrust.com>, "Jones. Coley.A" <Coley.A.Jones@suntrust.com> We are approved for the 1.35% rate through 7/18. Coley Jones Vice President Commercial Banking Relationship Manager Not for Profit & Government SunTrust Bank, North Florida 76 South Laura Street, 20th Floor Jacksonvi lie, FL Offi ce Cell col ey.jones@suntrust.com For additional assistance we provide a valuable resource capable of addressing your service request quickly and efficiently between 7a -7p EST at From: Sue Heath [mailto:sheath@greencovesprings.com] Sent: Wednesday, June 12, :00 AM To: Jones.ColeY.A Subject: Re: INFO k=5f14bf3349&\iew= pt&search=spam&th= 13f39401 Obf18ceO 1/4

194 STI Institutional & Government, Inc. A SlInTmsl Company 76 S. Laura Street, 20 th Floor Jacksonvi lle, FL Tel (904) Fax (904) Coley J ones Vice President coley.jones@suntrust.com Cell : (904) May 21, 2013 City Hall City of Green Cove Springs, FL 321 Walnut Street Green Springs, FL Attention : Sue Heath, Assistant City Manager Re: Proposed Term Loan to the City of Green Cove Springs, FL Dear Mrs. Heath: STI Institutional & Government, Inc. ("STING") is pleased to consider making a term loan (the "Facility") in the principal amount of $2,415,000 to the City of Green Cove Springs, Florida (the "Borrower'J based substantially on the proposed summary of terms and conditions set forth on Annex I attached hereto (Annex I, together with this letter, this "Proposal Letter"). This Proposal Letter is an expression of interest by STING in the proposed Facility and should not be construed to be, expressly or by implication, a commitment, an offer, an agreement in principle or an agreement by STING to provide the proposed Facility. After STING has conducted further due diligence, we may decide to modify the proposed terms and conditions, or we may decide not to provide the proposed Facility. This Proposal Letter is for your confidential use only and is sent to you on the condition that neither the existence of this Proposal Letter nor its contents will be disclosed publicly or privately to any person or entity, except to those of the Borrower's officers, employees, agents, counselor accountants directly involved with this proposed financing and then only on the basis that it not be further disclosed, by which condition the Borrower agrees to be bound upon acceptance of this letter. Without limiting the generality of the foregoing, none of such persons shall use or refer to STING or any of its affiliates in any disclosure made in connection with the proposed transaction without STING's prior written consent. This Proposal Letter is not intended to, and shall not create a legally binding obligation on the part of the STING or the Borrower. This Proposal Letter constitutes the entire understanding between STING and the Borrower in connection with the proposed Facility as of the date hereof and supersedes any prior written or oral communications or understandings. This Proposal Letter shall be governed by the laws of the State of Florida.

195 If you have any questions in connection with this Proposal Letter or any of the proposed terms and conditions, please do not hesitate to contact me.

196 Annex I City of Green Cove Springs RFP# Police FacilitylEmergency Operations Center Capital Improvement Loan Borrower: City of Green Cove Springs, FL Lender: Contact: Facility Type: Purpose Amount: Terms: STllnstitutional & Government, Inc. Coley Jones Vice President STllnstitutional & Government, Inc. 76 S. Laura Street Jacksonville, FL Phone: Fax: Coley.Jones@suntrust.com Bank Qualified Loan in the form of a tax-exempt bond (the "Bond") issued by a qualifying governmental conduit issuer (the "Issuer"). The Bond must be a "qualified tax exempt obligation" under Section 265(b)(3) of the Internal Revenue Code. The proceeds from the Bond(s), will be used to provide funding for the construction of a Police Facility/Emergency Operations Center. Up to $2,415,000 Principal payments shall be due semi-annually on July 1 and January 1, commencing January 1, 2014, based upon level semi-annual debt service payments. Security: Interest Rate Options: The Bond(s) and the interest thereon will be payable from and secured solely by a lien upon and pledge of the Discretionary Sales Surtax Revenue of the General Fund. Fixed Rate for 72 months The following rate will remain fixed through the life of the loan. A fixed rate equal to 1.35%. Rate Lock Option: For the above mentioned option, a rate lock is available for forty five (45) days from the date of this letter at an additional cost of 7 bps. Maturity Date: June 30, 2019

197 Prepayment Alternatives: The following Prepayment Alternatives are applicable. The Lender will allow prepayment in whole without any penalty for the above mentioned interest rate options described above. After-Tax Yield Maintenance The interest rates quoted herein take into consideration a marginal maximum federal corporate tax rate of 35%. In the event of a decrease in the marginal maximum corporate tax rate, the Lender shall adjust the interest rate upwards in order to maintain the same after tax yield for the Lender. The Lender would be willing to waive this language for an additional 10bps. Upon an occurrence of a Determination of Taxability, the Borrower hereby agrees to pay to the Lender (i) an additional amount equal to the difference between (A) the amount of interest paid on the Bonds during the Taxable Period and (B) the amount of interest that would have been paid on the Bonds during the Taxable Period had the Bonds borne interest at the Taxable Rate, plus (ii) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Lender as a result of the occurrence of a Determination of Taxability. If it is determined that the Bond does not qualify as BQ, the rate will be adjusted to a fixed rate as of the date it is determined that the loan does not qualify as BQ. Representations and Warranties: Legal Fees: Usual and customary for Lender in transactions of this type. Our proposed Lender's counsel is Irv Weinstein at Rogers Towers in Jacksonville, FL. Fees for our counsel will be: $2,500.00, if our counsel closes the transaction and reviews documentation prepared by the bond counselor counsel to the Borrower. Governing Law and Jurisdiction: State of Florida. Covenants and Conditions A) All matters relating to this loan, including all instruments and documents required, are subject to the Lender's policies and procedures in effect, applicable governmental regulations and/or statutes, and approval by the Lender and the Lender's Counsel.

198 B) Borrower shall submit to the Lender annual audited financial statements within 270 days of fiscal year end and an annual budget within 30 days of adoption, together with any other information the Lender may reasonably request. C) Borrower shall be required to deliver a written opinion from Borrower's Counsel, in form and substance acceptable to the Lender and Lender's Counsel, that all documents are valid, binding and enforceable in accordance with their terms, that execution and delivery of said documents has been duly authorized, and addressing such other matters as the Lender and the Lender's Counsel deem appropriate. D) The provisions, terms and conditions contained herein are not inclusive of all the anticipated terms that will be applicable to the credit and do not purport to summarize all of the conditions, covenants, definitions, representations, warranties, but shall include but not be limited to the waiver of jury trial, submission to jurisdiction and venue, right of set off for all accounts in the possession of Lender's affiliates, events of default, remedies including but not limited to acceleration or other provisions that may be contained in documents required to consummate this financing. If acceleration is not a remedy the restated default rate shall be increased from the stated default rate of Prime plus 8% to the lesser of 18% or the maximum allowed rate by law. All of such terms will be set forth in the final, definitive loan documents, and all such terms must be acceptable to the Lender and its counsel. The Lender shall maintain the right to transfer and assign the Bond in whole or in part, to accredited investors. Notwithstanding any terms or conditions the Lender will have the right to assign all or a portion of the bond or loan to an affiliate of the Lender in its sole discretion. E) The "Bank-Qualified interest rate quoted herein assumes the obligations is a "qualified tax-exempt obligation" as defined in Section 265(b)(3) of the Internal Revenue Service Code. Receipt of opinion from Bond Counsel in form and substance satisfactory to the Lender, which shall include, without limitation, opinion that the interest on the Bond is excludable from gross income of the owners thereof for federal income tax purposes and that the Bond is a qualified tax-exempt obligation under Section 265 (b)(3) of the Internal Revenue Code. F) The Borrower agrees to have the interest payments collected via ACH Direct Debit from a SunTrust Bank account of their choice. G) Additional Bonds Test: No additional debt shall be issued secured by the Discretionary Sales Surtax Revenue unless the projected maximum annual debt service on the existing and proposed debt is at least 1.5X.

199 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18,2013 SUBJECT: Award of Bid number , Oakridge Avenue Stormwater Improvements, to Florida Infrastructure, Inc, in the amount of $248,000. BACKGROUND: "Excerpts from December 7, 2010 Council Meeting" Oakridge Avenue was originally a state road. It then transfelted to the County and is now a City street. There is an old drainage line just nolih of 717 S. Oakridge that most likely dates back to the FDOT maintenance era. Staff has been able to detelmine that it was a state road in June of 1954 according to the right of way map in the backup documents. At that time Andrew Jackson St did exist as a platted road. The cross-drain that is posing an issue lines up with the old Andrew Jackson St right-of-way. The assumption by staff is that FDOT installed this crossdrain with the intention that the City would eventually continue the drainage down Andrew Jackson St. Andrew Jackson St was closed by the City Council in Staff has been unable to find any documents retaining any easement in the Andrew Jackson St right-of-way. Up until several months ago, there were two inlets on either side of Oakridge and an outfall pipe extended approximately ten feet west toward the Andrew Jackson St right-of-way. This pipe was clogged and grown over. The inlet on the east side of the road was also full of dili and grown over. The inlet on the west side was somewhat open, but the water had to have just filled that small box then sheet flowed (south) down the street until it could pop off somewhere. In June 2010, City crews, in an effoli to restore the original function of this cross-drain: 1. cleaned and rebuilt the inlet on the east. 2. cleaned the pipe under the road. 3. replaced the broken inlet and clogged pipe on the west side of the road with a flume that drops into a concrete mitered end on the replaced clogged pipe. This work resulted in large amounts of water flooding the propeliy outlined in the attached survey. Although this may have been the original path of the water sixty plus years ago, it has not been the path ofthe water for many, many years. As an interim effort to minimize the flooding, crews have blocked off the inlet on the east side of Oakridge and graded a ditch down toward Green Cove Ave. This has relieved a large poliion of the flooding temporarily, but a permanent solution must be developed. The City had two options in 2010 to make the drainage system in this area work properly. "Drainage Alternate # 1" involved obtaining an easement through the affected property and around the propeliy that adjoins to the rear. Ideally a swale could be constructed to convey the water to our drainage outfall on Sunset Avenue. "Drainage Alternate #2" involved installing curb and gutter and piping as necessary to convey the water across Green Cove Avenue into swales on the FCT propeliy on the south side of Green Cove Avenue. Staff will be consulting with our continuing services civil engineer to develop the best option for both the propeliy owner and the City. Page 1 of 1

200 BACKGROUND: Since this item was brought to the Council's attention in December 2010, the City has completed a StOlmwater Master Plan Preliminary Engineering Report, dated August Among other things, this report reviewed 14 specific areas of concem within the City's storm water system. One of these sites was the 700 block of South Oakridge Ave (excerpt attached). The Engineer, CHW, proposed three possible solutions to conecting the existing situation where the City is discharging stolmwater over private propeliy without the proper easements. When the RepOli was presented, staff indicated that the option of choice was to curb and gutter the end of Oakridge and convey the water to our FCT propeliy south of 717 Oakridge Ave. This project was included in the approved FY CIP Budget. $60,000 was included in the budget as a place holder based on very preliminary discussions with CHW as the Engineering Report was not yet completed. When the engineering repoli was completed and presented to Council, the prefened option mentioned above had an estimated project cost of $107,000. Consistent with Council approval, CHW was tasked with design of this project in October Once the design and the technical specifications were completed, the engineer's estimated construction cost was $170,000. One item that led to the increased cost was the replacement of 75 feet of 12" asbestos-cement (AC) water line crossing under Oakridge Ave at Green Cove Avenue. These lines are fragile and with the amount of work that was being done, staff felt it best to replace this line in an effoli to avoid any problems with it once the road was repaved. This is also standard practice for the City any time we disturb a roadway that has an AC line under it. Another item that increased the cost was the extension of 50 ft of additional pipe with associated curb and gutter south of Green Cove Ave and clearing of the discharge area. Originally, it was anticipated that we would simply regrade the existing ditch for the stormwater discharge. One final item that added to the cost increase was the milling and overlay of the roadway. We had not considered milling in the beginning, but given the age of the road and the heavy use by heavy trucks, milling is recommended to extend the life of this road. The project was advertised for bid on May 2,2013 and bids were opened on May 30, The bid tabulation sheet is attached for reference. The lowest responsive and responsible bidder was Florida Infrastructure, Inc. with a bid of $248,000 and a proposed construction period of 90 days. The second lowest bid was less than two thousand dollars ($2,000) higher. Four of the five bids were within $50,000 of each other. Given the relatively nan'ow range of the bids, staff feels that we have received competitive bids. The Council has a couple of options to consider. The first option is to reject all ofthe bids and re-bid. However, this is not likely to result in better pricing without changes to the design ofthe project. The second option is to award the bid to Florida Infrastructure, Inc. and work with them and CHW to identify oppoliunities to lower the total project cost. In working with the engineer, staff has been able to identify a couple of possible changes that could lower the overall cost. There is one cross-drain across Oakridge that we may be able to delete. We may also be able to change the design or remove the curb on the west side of Oakridge, which could then lead to additional deletions. However, we estimate these deductions would yield nominal savings at best. Coupled with the fact that the Robelis family has been patiently waiting on the City to alleviate this flooding, we believe it is prudent to proceed. Page 2 of2

201 Therefore, staffs recommendation is to declare Florida Infrastructure, Inc. as the lowest responsive and responsible bidder and award the bid to them in the amount of $248,000. Staff will then work with Florida Infrastructure, Inc. and CHW to explore all cost-saving measures. Mrs. Carolyn Robelis will be present at the meeting and can address the Council. FISCAL IMPACT: $60,000 was placed in the 2012/2013 FY budget as a place-holder. There is a total of $292,000 available from gas tax for stolmwater projects in the approved CIP budget. $43,000 was expended on Magnolia Ave and $2,000 is cul1'ently being expended on Bay St, leaving $247,000 available for that purpose. Staff is confident that several thousand dollars can be removed from this project without affecting the final result. There are several other stolmwater projects in the 2012/2013 CIP budget which will not be accomplished this year. Cove St, Citizen St and MLK Blvd were each ranked above Oakridge Ave, but each has been submitted to FEMA for 75% HMGP grant funding and is being reviewed now at the state level. Staff has already contemplated cal1'ying these three projects over into the 2013/2014 budget to leverage with grant funds. RECOMMENDATION: Declare Florida Infrastructure, Inc as the lowest responsive and responsible bidder on Bid number , Oakridge Avenue StOlmwater Improvements; Award a contract in the amount of $248,000 to Florida Infrastructure, Inc; Direct staff to explore all cost-saving measures on the project. MOTION: Declare Florida Infrastructure, Inc as the lowest responsive and responsible bidder on Bid number , Oakridge Avenue Stormwater Improvements; Award a contract in the amount of $248,000 to Florida Infrastructure, Inc; Direct staff to explore all cost-saving measures on the project. RECOMMENDED BY: APPROVED BY: Page 3 of3

202 700 BLOCK SOUTH OAKRIDGE AVENUE #4 Introduction The subject area is located at 700 South Oakridge Avenue. This site has had complaints from the property owner of flooding of the front yard and along the east side of South Oakridge Avenue. Picture 1: Flume outlet looking west from Oakridge Ave across grassy low area Summary of Drainage South Oakridge Avenue is a partially curb and gutter road with no curb inlets. The curb style is Hype curb. Adjacent to the subject property on the east side of Oakridge Ave there is a blocked surface inlet. Directly west of this inlet there is a flume inlet and pipe discharge on the west side of Oakridge Ave. The flume directs water from the curbed section of the roadway to the adjacent grassy low area on the west side of Oakridge. Rainfall runoff generally flows from the intersection of Oakridge Ave and Thomas St north to south until it reaches the existing flume. The grassy low area does not provide runoff storage and discharges to the wooded area west of the field. A highpoint in the road exists approximately 70 feet south of the flume and then runoff from the roadway sheds south away from the flume. The drainage area contributing runoff to the flume is approximately 3 acres. The drainage surrounding the subject property appears to be limited by limited curb and gutter flow, blockage of the existing inlet, and lack of runoff storage capacity. 5-11

203 700 BLOCK SOUTH OAKRIDGE AVENUE #4 Recommendations Picture 2: Potential location for retention swale on the west side of Oakridge Ave To resolve the flooding complaints for the subject area, additional drainage improvements are recommended. Based on the limited field observation and available information, three options are provided. Option 1: The addition of approximately 200 feet of curb and gutter on both sides of Oakridge Ave south of the flume to the south end of Tax Parcel would provide conveyance of stormwater runoff along this section of roadway. Also required Is the creation of a retention swale within the Right of Way along the west side of Oakridge with multiple flume inlets discharging from the curb and gutter on the west side of Oakridge. Curb inlets and a new surface inlet with discharge at the existing flume are recommended to convey stormwater runoff from the east side of Oakridge to the retention swale. Inlets at the southern extent of the proposed curb and gutter are recommended to convey water north to the proposed retention swale. SJRWMD permitting may be required for construction of the proposed retention system in Option 1. Option 2: The addition of approximately 565 feet of curb and gutter on both sides of Oakridge from the existing flume inlet south to the intersection of Green Cove Avenue. The existing flume inlet and adjacent surface inlet would be removed and a series of curb inlets and pipe would be installed to convey stormwater south to an outfall at the wildlife corridor on the SW corner of the Oakridge/Green Cove Ave intersection. A ditch approximately 100 feet long is required on the west side of Oakridge after the Green Cove intersection to convey stormwater to the wildlife corridor. As an alterative to discharging to the wildlife.corridor, the outfall may be directed to the FCT property. That would require approximately 1500 feet of pipe or ditch to reach a suitable discharge point or construction of a stormwater retention facility at the SE corner of the Oakridge/Green Cove Ave intersection. See the 5-12

204 700 BLOCK SOUTH OAKRIDGE AVENUE #4 attached plan sketch for a depiction of the recommended improvements. Additional survey is required to determine the adjacent surface grades and pipe invert elevations. Geotechnical testing for determination of water table and soil permeability is required for design of the retention swale. No SJRWMD permitting is anticipated for Option 2. Option 3: Complete all improvements suggested in Option 1 with the addition of purchasing the northern half of the property on the west side of Oakridge Avenue and expanding the retention swale to provide additional storage volume. SJRWMD permitting may be required for construction of the proposed retention system in Option 3. Budget Cost Estimate: Option 1 Survey/Engineering: $15,000 Construction: $63,200 Total $78,200 Budget Cost Estimate: Option 2 Survey/Engineering: $14,000 Construction: $93,000 Total $107,000 Budget Cost Estimate: Option 3 Property Purchase: "fair market value price" Survey/Engineering: $25,000 Construction: $90,000 Total $115,000 + "fair market value price" 5-13

205 \.J'1 I CITY OF GREEN COVE SPRINGS DRAINAGE IMPROVEMENTS GRAPHIC SCALE Option 1: Block Oakridge Ave ~! _~~~ ~ /09/12 ~ NORTH Causseaux, Hewett, & Walpole, Inc. Engineering Surveying Planning 6011 NW 1st Place, Gainesville, Rorida Phone: (352) Fax: (352) CA-5075

206 CITY OF GREEN COVE SPRINGS c.n DRAINAGE IMPROVEMENTS GRAPHIC SCALE I Option 2: Block Oakridge Ave! ' I /76/12 ~ NORTH Causseaux, Hewett, & Walpole, Inc. Engineering Surveying Planning 6011 NW 1st Place, Gainesville, Ronda Phone: (352) Fax: (352) CA-5075

207 CITY OF GREEN CO VE SPRINGS (J1 DRAINAGE IMPROVEMENTS I GRAPHIC SCALE Option 3: Block Oakridge Ave.'_ /09/12 ~ NORTH Causseaux, Hewett, & Walpole, Inc. Engineering. Surveying Planning 6011 NW 1st Place, Gainesville, Rorida Phone: (352) Fax: (352) CA-5075

208 " " OAKRIDGE AVENUE STORMWATER IMPROVEMENTS Bid Open Date: May 30, 2013, 10:00a.m. "!;/ / BID # ,- :i I f\o'{\&\ O\ ~f~& \sk~ ~ ~ to)\je.-~ \. 1 i \s:) L..o,\{\J Wti.- j I Vendor t o{\ ~ \\ ug-n 0'1 Addendum #1 Received J J J Non-Bidder's Repsonse! Sworn Statement of Public Entity Crimes.J J J I Drug Free Workplace J J J i I References J J J : Clarifications & Exceptions N ON ~ NONe- f'1 b Nt-, Insurance Certificate.j I : Standard Addendum to City Contracts Bid Bond Received.J J J Proposal Form Signed J,J J Total Lump Sum Cost $ 'L\'t3 j 4~t-t,Oy $ 1-~"b) OCO ~ $ '1--~~ I q \ ~, Ioq Number of Days for Completion of Work (after NTP issued) \50 qo qo Completed By: Date:

209 .~ _."-_ ,/./... OAKRIDGE AVENUE STORMWATER IMPROVEMENTS BID # Bid Open Date: May 30,2013, 10:00a. m. (f' \>~\ ~ i\\{\0 (0-(\ Vo,.c\-t, Q..> ~ te-5jyl ~S%:&G~\\l ', \ Vendor G{oW); ~C. Addendum #1 Received J J Non-Bidder's Repsonse Sworn Statement of Public Entity Crimes J J Drug Free Workplace References J J J Clarifications & Exceptions Insurance Certificate '; Standard Addendum to City Contracts 'i; Bid Bond Received J N~ Ne Proposal Form Signed.J J Total Lump Sum Cost $ ~~ /l lo "l ' q D $ ~ Ctt 2:> (o {;\. ~ $. Number of Days for Completion of Work (after NTP issued) J \1,0 \2-U, I Completed By: Date:

210 May Road during rain; plate on opposite side of road being removed to alleviate road flooding. Temporary Curbing installed January 2013 to temporarily minimize flooding.

211 End of flume holds water for several days after a rain event.

212

213

214

215 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18,2013 SUBJECT: COUNCIL APPOINTMENT OF REPRESENTATIVES TO SERVE ON TASK FORCE COMMITTEE FOR RECOMMENDATIONS ON DEVELOPMENT OF THE CITY ARCHIVES, IDENTIFICATION OF POTENTIAL GRANT OPPORTUNITIES FOR HISTORICAL MARKERS, EDUCATIONAL PROGRAMS, AND TOURISM OPPORTUNITIES BACKGROUND: The City Clerk was directed by the City Council to seek volunteers from the community to serve on a Task Force Committee to address development of the City's Archives Room and to research grant opportunities for historical and economic benefits to the City. I have attached a listing of citizens who have accepted the invitation to serve of this Task Force. The list represents a cross section of citizens who are business owners, representatives of civic and appointed members of governmental organizations. A Mission Statement has also been provided and is believed to represent the intent for creating this Task Force. If the City Council has other recommendations or suggestions for the Mission Statement, they are welcomed. An organizational meeting of the Task Force will occur ShOlily after the Council's ratification of these representatives. The details for a meeting schedule and definitive time line for presentation of the Task Force Committee's recommendation will be determined at the organizational meeting. Staff welcomes any comments or suggestions the City Council may have related to the establishment of the membership and proposed Mission Statement. FISCAL IMPACT / FUNDING SOURCE: No Impact RECOMMENDATION: Respectfully recommend City Council approval for the appointment of the representatives designated on the attached listing as members of the Historical Archives Task Force Committee. MOTION: To approve Staffs recommendation for members to serve on the Historical Archives Task Force Committee as presented. SUBMITTED BY: APPROVED BY: Page 1 of2

216 mstorical ARCHIVES TASK FORCE COMMITTEE NOMINEES Art Yeaman, Executive Director for Greater Green Cove Springs Civic Association Marilyn Haddock, President of Clay Historical Society and Planning and Zoning Board Member Pat Garlinghouse, Owner River Park Inn Bed and Breakfast and Tourist Development Council Member Janis Hollerith, Owner Hollerith's Fine Ali Gallery Amy Stump, Board Member, Augusta Savage Alts and Community Center and works for Clay County Sheriff's Office fproposea 9r1ission Statement Research ami recommend ways amlmemls jor development oj the City's Historical Archives. This elldeavor shall illvolve explorillg potelltial jedeml ami state gmllt progmms, elldowmellts, 01' other resources such as public ami private partnership programs. The intent oj these ejjorts shall jocus 011 integmtillg preservation aml promotion ojthe City's rich alld ullique histol], as a viable contributing resourcejor sustaillable busilless, ecollomic ami tourism developmellt jor Green Cove Springs. Page 2 of2

217 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR SPECIAL MEETING OF JUNE 18,2013 SUBJECT: REZONING OF A PORTION OF THE GUSTAFSON PROPERTY TO A PID, PLANNED INDUSTRIAL DEVELOPMENT STAFF COMMENTS: Clay County received a request to rezone acres of property owned by Gustafson's Cattle, Inc. from IS, Industrial Select to PID, Planned Industrial Development. The County staff recommended approval of the rezoning with conditions. On a 3-2 vote, the Clay County Planning Commission recommended denial of the rezoning to the Board of County Commissioners. The item is on the Board of County Commissioners agenda for June 25 th. Attached is the application and staff report presented at the Planning Commission. FISCAL IMPACT I FUNDING SOURCE: None STAFF RECOMMENDATION: No action required. The item is for information and input. I MOTION: None SUBMITTED BY: APPROVED BY: ~~ ~~t,aicp Danielle d, City Manager Development Services Director

218 Clay County Division of Planning & Zoning Staff Report and Recommendation Application Number PID Owner I Agent Information Owner / Petitioner Agent Gustafson's Cattle, Inc. P.O. Box Jacksonville, FL England-Thims & Miller Inc. Attn: Ray Spofford Old St. Augustine Road Jacksonville, FL Parcel. Zoning. Land Use. and Other Information Parcel 10 # Physical Address Planning District: Commission District: Existing Zoning District: Proposed Zoning District: Future Land Use Category: Acreage: N/A 5 (Green Cove Springs) 1 (Commissioner Davis) IS (Industrial Select District) PID (Planned Industrial Development) IND (industrial) acres Planning Commission Date: June 4,2013 Board of County Commissioners Date: June 25, 2013

219 Surrounding Zonings N W:@@E. )'. s AG AG Agricultural AR AgriculturaUResidential BA Commercial & Professional Office BS Intermediate Business Green Cove Springs IA Light Industrial IB Heavy Industrial PO l Public Ownership PS l Private Services Rezoning: PUDlPCD Rezoning IS to PID... ~==:JIII. Feel 850 1,700 3,400

220 Site Photos & Aerial Legend IZZJ Subject Site Rezoning: PUD\PCD Rezoning IS to PID ~ ~50==,. 7~OO""---~3. 46~e t

221

222 Proposed Uses PID Zoning District Consistent with PIO and planned zoning, the applicant provides a written narrative of the proposed uses, regulations, restrictions. That written statement is provided for your edification.

223 Staff Comments & Recommendation Gustafson's Cattle, Inc., is requesting a change in zoning for a portion of parcel , from IS (industrial select) to PID (Planned Industrial Development) for the purpose of constructing and operating a construction aggregate storage / distribution center and an asphalt plant. The proposed rezoning encompasses an estimated acres. The surrounding zonings are to the North, IS and IB, to the East, IB, to the South, IS, and to the West, IS. The subject property's south property line is FDOT's right-of-way for the proposed First Coast Outer Beltway. The East property line is adjacent to the CSX rail right-of-way, from which the proposed rail spur would enter the property for the importing and exporting of materials. The applicant previously submitted an application to rezone from IS to IB for property which also included acreage located further west abutting County Road 15A. That application was withdrawn due to concerns and questions by the Board of County Commissioners, as well as vigorous opposition from the residents and property owners in the C.R. 15A area. The applicant is now requesting a PID, which includes a proposed site plan and limits the allowable uses to aggregate storage and distribution and an asphalt plant. Limiting the request eliminates concerns regarding other potentiallb uses which would have been allowed had the original zoning application been approved. The PID as submitted relocates the asphalt plant and aggregate facility next to the railroad ROW approximately a mile away from C.R. 15A and its attendant single family residential. While C.R. 15A remains as the vehicular entrance to the proposed facility, designated turn lanes meeting Florida Department of Transportation (FDOT) standards for traffic flow will be required. Advanced warning signs will also be installed informing motorists of the actions ahead. At the hearings for the initial application, many of the area residents were concerned about quality of life issues and traffic due to the facility's proximity to their residential properties. Following a separate meeting held on April 16 th with the members of the community, the applicant relocated the facility's proposed location. With regards to traffic, C.R. 15A is the only viable means of access. In addition, the IS uses currently allowed on the property would generate traffic which would be comparable to the proposed facility. Based on the applicant's actions and the zoning's consistency with the Comprehensive Plan, Staff recommends that the application for rezoning be approved with the following conditions: 1. Access: a. Regarding the paving of the access road, pursuant to the requirements of the Comprehensive Plan, the site must be served by a continuous paved access. The

224 paved access must be in place for both the aggregate storage and asphalt production and distribution. b. Contrary to the dedication statement on the site plan, the access road shall remain in private ownership. c. The driveway improvements will require the installation of auxiliary lanes (right and left turn storage lanes), meeting FOOT standard index 526. d. The street light installed at the access road intersection with C.R. 15A must be shielded to prevent the spillage of light onto the adjacent residential properties. 2. Site Lighting: Lightingstandards for the facility will be required to ensure that no on-site lighting directly shines on residentially zoned property. Shielding will be required. 3. Landscaping and Buffering Requirements: The paragraph in the PID is internally inconsistent; the development will be required to meet the buffering and landscaping requirements of Article VI. 4. Project Data, a. #10 Landscaping: The landscaping requirements for the vehicular use area of the parking lot shall be consistent with Article VI. b. #11 Utility Service: Property line setbacks for well and septic will be required to meet standards of the State Department of Health. Should PID receive final approval from the Board of County Commissioners, the PID Report shall be resubmitted by the applicant within 30 days of approval to reflect new and revised conditions.

225 Application for Planned Industrial Development Gustafson's Cattle May 1, 2013 Revised May 23, Owner Contact Information: Gustafson's Cattle, Inc. c/o Bill Brant, Brant, Abraham, McCormick, Reiter & Johnson, P.A. 50 North Laura Street, Suite 2750 Jacksonville, FL (904) Applicant Contact Information: Thomas O. Ingram, Esq. Akerman Senterfitt 50 North Laura Street, Suite 3100 Jacksonville, FL (904) Civil Engineers & Planners: Doug Miller Ray Spofford Scott Wild England-Thims & Miller, Inc Old St. Augustine Road Jacksonville, FL (904) Name of Development: Gustafson's Cattle PID 4. Parcel Identification Number: Future Land Use Category: Industrial 6. Zoning (Current): Industrial Select Land Use(Current): Industrial 7. Existing Site Description: A. Vegetation: old field lands and pine plantation B. Soils: Leon Fine Sand and Goldhead Fine Sand. ( ;3}

226 C. Jurisdictional Land: Approximately 15% of the project site is jurisdictional wetlands. D. Drainage: The site generally drains from west to east to a ditch adjacent to the west side ofthe CSX railroad. The site then drains under the CSX railroad via a series of culverts and then proceeds south to the Bayard Conservation Area and ultimately to the St. Johns River. Storm water management facilities will be constructed to comply with the requirements of Clay County and the St. Johns River Water Management District. E. FEMA Flood Zone: Zone X and A. A majority of the site is within Flood Zone A, with no base flood elevations. An existing conditions floodplain analysis will be conducted to estimate watershed drainage boundaries and calculate hydrologic parameters based on best available data. The necessary survey information will be incorporated to create a hydraulic model within an area sufficient to evaluate potential hydraulic impacts from the project. The model will then be modified to include proposed stream and floodplain crossings. Acceptable culvert configurations will be determined in compliance with local, state and federal regulations regarding impacts to flooding elevations. A repoli will be prepared documenting the culvert analysis and the tailwater conditions for proposed stormwater pond(s). Depending upon the impact of the project to the floodplain, a Letter of Map Change maybe submitted to the Federal Emergency Management Agency (FEMA) if required. 8. Proposed Development: The proposed development is for an asphalt plant and aggregate storage and distribution facility (the "Proposed Use"), as generally shown on the attached Site Plan. Location: The proposed location will place the Proposed Use on the easterly portion of the Gustafson's Cattle Propeliy, near the main CSX rail line serving the Florida peninsula and connecting throughout North America. This is a change from the earlier plan that was presented at an April 16 community meeting showing the proposed asphalt plant and aggregate distribution facility near County Road 15A. This site possesses five important characteristics that were needed to accommodate the Proposed Use. First, the location of the Proposed Use needs to be compatible with the surrounding uses. The proposed Site Plan will place the Proposed Use close to the CSX rail line and other existing heavy industrial uses. Neighboring uses to the east contain heavy industrial uses, including a cement batch plant and a trucking terminal. The land to the south is part of the proposed First Coast Outer Beltway right-of-way, a limited access highway. Lands to the north and west are currently vacant, owned by the applicant and Industrial Select zoned for less intensive industrial uses. Second, the site needs to be near a highway network. Hot Mix Asphalt (HMA) must be delivered to the job site while hot. If cooled it solidifies and becomes unusable for road paving. Moreover, transport costs of these materials make up a significant portion of the product's cost. The site's location near US 17 and the future Outer Beltway make it an excellent location in { ;3 } 2

227 terms of road access in that deliveries of HMA can be efficiently distributed throughout the area. This benefits those purchasing the HMA in that a more competitive price can be offered in bidding than those transporting HMA over longer distances or less efficient routes. Third, the site needs to be near a main rail line to receive aggregate material. In this case, the site for the Proposed Use has to be adjacent to a CSX rail line, in that CSX lines also provide rail to the quarries where the aggregate is mined and washed. While not every asphalt plant is on a rail line, having rail access reduces the number oftruck trips necessary to produce and distribute HMA, and allows for the product to be priced competitively. Fourth, the site needs to have sufficient space to accommodate approximately 4,000 linear feet of rail spur to hold rail cars between deliveries. The trains providing aggregate are approximately 90 cars in length and are single-purpose deliveries. The train delivering a new load of aggregate would pick up the empty cars with each delivery, and meanwhile, the cars need to be stored off of the main track. Any road crossing of this spur is impracticable in that the 90 cars need to be stored on the spur track between deliveries. The orientation of this site, together with it being adjacent to the corridor of the limited access First Coast Outer Beltway, make it especially suitable for the placement of a long spur track without road crossings. Fifth, the Proposed Use is consistent with the Clay County Comprehensive Plan Future Land Use Category of Industrial. This property and the lands to the north, east and west are designated for Industrial land uses under the County's Future Land Use Map, and the lands immediately to the south are to become part of a limited access highway. The proposed site meets all of these needs. Proposed Development Criteria: Permitted Uses: The proposed uses to be permitted under this application are for an asphalt plant and aggregate storage and distribution facility, and associated offices. The attached Site Plan shows the general layout of the proposed facility. A rail spur from the CSX rail line would be constructed to provide materials for this facility. The exact configuration of the spur will be determined in consultation with CSX. Access: Road access will be from County Road 15A as shown on the Site Plan. The entrance driveway from County Road 15A to the parking area on the project site will be constructed in accordance with the applicable minimum requirements of Article VIII of the Clay County Land Development Code. The parking area on the site will be paved, however interior vehicular circulation associated with aggregate and asphalt loading/unloading will be stabilized but not paved. Driveway access from County Road 15A will be designed in accordance with the FDOT Driveway Handbook, the current FDOT Design Standards and the Clay County Land Development Code. A street light will be provided at the entrance from County Road 15A. The street light will be a cutoff fixture designed and installed so as to prevent glare or excessive light on adjacent propelty and the County Road 15A right of way. Advance warning signs will be installed on County Road 15A in accordance with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). { ;3 ) 3

228 Floor Area Ratio: The proposed development will not exceed a Floor Area Ratio of 0.5 for the overall site. Lot and Building Requirements. The following minimum setback requirements shall apply to the scale house, asphalt plant, aggregate storage and accessory storage buildings. Uses and structures such as the rail spur, aggregate conveyor and storm water pond(s) shall not be subject to building setbacks: Front (Driveway Access): 25 feet. Second Front (Outer Beltway): 25 feet. Side: 5 feet. Rear: 10 feet. Landscaping and Buffering Requirements. The applicant has taken steps to isolate the Proposed Use as much as possible from non-industrial uses while still meeting the basic facility needs. The isolated location of the Proposed Use meets or exceeds the intent of the Land Development Code's provisions for buffering and screening. Therefore, notwithstanding any contrary requirements of the Land Development Code, there shall be no buffering requirements or screening requirements from adjacent uses. A chain link or other type of security fence(s) may be installed anywhere on the site. The off-street parking area will be landscaped in accordance with the provisions of Article VI of the Clay County Land Development Code. A 25-foot wide natural vegetative buffer will be preserved along the nolth, west and south property lines; however, the landscaping requirements adjacent to rights of way, perimeter landscaping, tree point requirements, and street tree planting along the access driveway will not be required. There will not be a landscaped buffer along the east property boundary adjacent to the railroad. Parking. Off-street parking will comply with the minimum standards of Article VIII of the Clay County Land Development Code. Submittal of Final Site Plan. The applicant shall submit the final site plan for approval within twelve (12) months from the date ofthe approval of the Preliminary Site Plan (the Site Plan that is part of this application). The final site plan shall indicate the general location of each facility but given the location of the Proposed Use, it need not show the exact configuration of machinery or buildings on the site. Upon approval of the final site plan, development of the Proposed Use may occur consistent with the final site plan based on market conditions. The applicant anticipates that the aggregate distribution facility and accompanying rail spur will occur first. Minor changes to the final site plan which do not affect the intent or character of the development may be approved by the Planning and Zoning Director. Sign age. An industrial park identification sign shall be permitted at the access driveway and CR 15A as provided for in Section ) of the Clay County Land Development Code and a permanent freestanding sign shall be permitted along the First Coast Outer Beltway frontage consistent with Section (a) of the Clay County Land Development Code. ( ;3 ) 4

229 Project Data. A. Total Acres of Site: acres. B. Number of Buildings Proposed: control room, offices associated with facility and storage buildings/shelters, plus equipment for aggregate facility and asphalt plant C. Maximum Building Height: 65 feet (including aggregate facility and asphalt plant equipment) D. Type of Construction: masonry, steel, concrete, and/or wood E. Gross Square Feet: approximately 2,000 enclosed square feet of buildings, plus additional area of aggregate and asphalt plant equipment F. Number of Parking Spaces Required: to be determined G. Number of Parking Spaces Proposed: to be determined H. Number of Handicap Spaces: based on ADA requirements I. Bicycle Parking Shown: No 9. Ground Coverage in Square Feet & Percent of Site A. Building: 2,000 square feet (not including aggregate and asphalt plant equipment) B. Impervious (Vehicle Use Area & Site Work): Up to 70 percent. C. Retention/Detention Pond: 4.48 acres 10. Landscaping: A. Vehicle Use Area: to be determined based on employee and customer needs. B. % of Vehicle Use Area Landscaped: 0% 11. Utility Service: A. Sewage Treatment: Onsite Septic System, Minimum of 5 feet from property line. B. Water Supply: Well, minimum of 5 feet to from property line and 75 feet from septic system. C. Electricity: Clay Electric Cooperative ( ;3 ) 5

230

231 D Property Boundary Ouler Bel~vay ~ CJ Governors Pari< DRI N Gustarson's Catt\e, llc ===I:,,2.00 2,.4!f.el 1 inch = 1,200 feel

232 Thomas O. Ingram Via and Federal Express Akerman Senterfitt 50 North Laura Street Suite 3100 Jacksonville, FL Tel: Fax: May 1,2013 Mike Kloehn Planning Director Clay County 477 Houston Street Green Cove Springs, FL Re: Gustafson's Cattle Planned Industrial Development Application Dear Mike: Please find enclosed an application for Planned Industrial Development (PID) for the Gustafson's Cattle PID. The proposed site is well to the east of the site that was part of the previous application for rezoning to lb. Upon receiving input from members of the community, the County and others, the Gustafsons requested that the engineering team thoroughly review whether it was possible to locate the asphalt plant and aggregate distribution facility on the southeasterly portion of the Gustafson's Cattle property while still meeting the project's need for rail access, rail storage and road access. The Gustafson family has a sincere desire to be a good neighbor, both now and before. We have also heard the area residents' equally sincere concern that the original site was too close for them to be comfortable with it being used to mix asphalt for area roads. We are pleased to share that we have found an alternative site that can meet the operational needs of the project while addressing the primary concern of the residents west of County Road 15A. This new site, shown on the attached Site Plan, is in close proximity to existing heavy industrial uses along the CSX railroad line and US 17. The site is not near any residential areas. We appreciate your consideration in reviewing this request. Thanks again for hosting the community meeting on April 19, and we look forward to working with you tlu'ough the public hearing process. akerman.com BOCA RATON DALLAS DENVER FORT LAUDERDALE JACKSONVILLE LAS VEGAS LOS ANGELES MADISON MIAMI NAPLES NEW YORK ORLANDO PALM BEACH SALT LAKE CITY TALLAHASSEE TAMPA TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH : II

233 cc: Wendell Davis Douglas Conkey Diane Hutchings Chereese Stewart Ronnie Robinson Stephanie Kopelousos Holly Parrish Chad Williams, ( ; 1)

234 ~. I>: - :,::-",;;:':.:y_<~:::;~7d~p'ahmiiiffofdej;elopmentservjces Djvisjo-n of.p!a;ming'anazo(iing ~ - '_ t;~t[~±~~i~;~i;:~~ i~;~~~~.j;:,~~~~9.ru~1~11-rel\~~~~~fl:,~~~li~:~~~ --.'_' '. '. Name Gustafson's Cattle, Inc. If the property is under more that one ownership Address P,O. Box City Jacksonville State Florida Zip Code please use multiple property ownership sheets. Phone Number + 1 (904) wpbrant@barmjlaw.com;ahjohnson@barmjlaw.com Parcel Identification Number Address CR 15A (not assigned) Number of Acres Being Rezoned (p 7. '-/ '1 o..c.current Zoning lis I Current Land Use,-~n_ ' d_u_st_ri_a_1 --' I Proposed ZoningPID Planned Industrial Development I am Seeking A 'xl Perml'tted Use 0 Condl't'lonal Use l0j Property Will Be Used As asphalt plant and construction aggregate storage, sales and distribution Please Check The Following Included Atatchments ~ Deed ~ Survey ~ Site Plan & Written Statement if Rezoning to PUD PCD PID BSC and PS-5 ~ Agents Authorization Attachment A-1 ~ Owners Affidavit Attachment A-2 ~ Legal Description Attachment A-3 I, hereby, certify that I am the owner or the authorized agent of the owner(s) of the property described herein, that all answers to the questions in this application and all information contained in the material attached to and made a part of this application, are accurate and true to the best of my knowledge and belief. I also attest by my signature that all required information for this rezoning application is completed and duly attached in the prescribed order. Furthermore, if the package is found to be lacking the above requirements, I understand that the application will be returned for correct information. I hereby acknowledge that the zoning requested is my choice and have reviewed and agreed to all conditions listed in this application and the requirements n Article 1.,111. and IX of the Clay County Code. ~LJ -'-"<I --'J Print Name Date:

235 Date Received 5/';1-// 5 Application Number dd lz d.- Planning District ----~~ Previous Zoning X.5 --~ County Commission District PC Date to / L( / / '? BCC Date 2nd BCC Date if Applicable # of Signs 5 acres $ plus $20.00 per sign. Greater than 5 acres. $750.00, plus $20.00 per acre over 5, plus $20,00 per sign, Fee For PUO, peo, PIO the fee is $ plus $7.00 per acre plus $20.00 for each required sign, The required SIGN(S) must be POSTED on the property BY THE APPLICANT 21 days in advance of the date of the first required public hearing. The sign(s) may be removed only after final action of the Board of County Commissioners and must be removed within 10 days of such action. The applicant must also pay for the required public notice stating the nature of the proposed request which is required to be published in an approved newspaper AT least 15 DAYS IN ADVANCE OF THE PUBLIC HEARING, Advertising costs are payable by the applicant directly to the newspaper and the applicant must furnish PROOF OF PUBLICATION to the Planning and Zoning Division, prior to the public hearing. WE ARE UNABLE TO ACCEPT APPLICATIONS WITHOUT THE REQUIRED ATTACHMENTS WE ARE UNABLE TO ACCEPT APPLICATIONS WITHOUT THE REQUIRED FEES LEGAL ADVERTISING COST TO BE PAID DIRECTLY TO NEWSPAPER BY APPLICANT BEFORE PUBLIC HEARING. THE APPLICATION FOR ZONING IS TO REQUEST A CHANGE IN CURRENT ZONING. IT IS THE RESPONSIBILTY OF THE OWNER TO PERFORM DUE DILIGENCE TO MAI(E SURE THAT THE FUTURE DEVELOPMENT WILL BE IN COMPLIANCE WITH ALL FEDERAL. STATE AND LOCAL CODES. THIS APPLICATION AND POTENTIAL GRANTING OF THE ZONING DOES NOT CONSTITUTE BUILDABILITY OF THE PARCEL Hearings are held in the County Commission Chambers on the Fourth Floor of the Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, You or your authorized agent must be present, You are normally allowed three (3) minutes to present your petition, If there are members of the public who wish to testify regarding your petition, they are also normally allowed three minutes, If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at your rezoning hearing, you will need a record of the proceedings at your expense, and for such purpose you should ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The County Line/Times Union will be publishing your rezoning legal notices, You must pre-pay your legal advertisement fees. There is one legal publication for the Planning Commission meeting, and the Board of County Commissioners meeting. An affidavit must be paid before receiving proof of publication. Should a petition be withdrawn, legal advertising already published will not be refunded,

236 fr'~:t~t.~~~c;'~::'"~.1~"'~=~"'~--$~~"1. ~f<.o;;,~. -, i!e(i7rlj'j((j\jertisjng rfees7~ 2t~: :':',.,,, ",- -, '- - ~~~~ii~~]~.jj~~ ~~?-\;~~~~~;;;.,~~-~~~ij:~i_~,~ ~~~'.. :' -'.,,~, ~~,---.:: ~~--.: --~ Your petition will be advertised before the Planning Commission meeting. This will be submitted to the newspaper by staff separately, one week prior to the noon deadline, and billed separately. Without proof of publication your petition will not be heard by either the Planning Commission or the Board of County Commissioners. The newspaper requires that legal advertising fees be paid in advance. Your legal advertisement will be published on --,-f _I.::; 2Jl -",-, -+~-,- This advertising fee must be paid by noon on Monday ---,.5, -,=3,--- ",--,-,!,-", -'=-~;;..:~-,-1=3,-- Your fees may be paid at: Times Union/County Line 1 Riverside Avenue Jacksonville legals AnENTION: Legal Department (Community News Section) It is best to pay your legal fee well in advance to allow time for proof of publication to reach these offices. IT IS THE RESPONSIBILITY OF THE APPLICANT TO PROVIDE THE COUNTY WITH PROOF OF PUBLICATION AND RECEIPT THAT ALL APPROPRIATE FEES HAVE BEEN PAID BY THE REQUIRED DATE OF THE ADVERTISEMENT. FAILURE TO DO SO WILL RESULT IN THE APPLICATION BEING WITHDRAWN. Credit cards are acceptable, if you wish to call in your payment. Have the rezoning number and applicant/agent name ready.

237 Date: Clay County Board of County Commissioners Division of Planning & Zoning Attn: Zoning Chief P.O. Box 1366 Green Cove Springs, Florida Re: Agent Authorization. To Whom It May Concern: Be advised that I am the lawful owner of the property described in the provided legal description attached hereto. As the owner, I hereby authorize and empower England-Thlms & Miller, Inc. whose address is: Old St. Augustine Road Phone (904) spoffordr@etminc.com to act as agent to file application(s) for Rezoning for the above referenced property and in c:onnection with such authorization to file such applications, papers, documents, requests and other matters necessary for such requested change. Owner's Signature:; Ordinance number wlll be provided by the Oay County Planning & Zoning 5taff. STATE OF FLORIDA COUNTY OF Clay The foregoing affidavit was sworn and subsxibed before me this JL day of hbuzm tet (month), '7.D rz. (year) by EdVJ In h USta~n ]I[ or has produc U, who is Qersonally known to as identification..~~~ KRISTY CARROll /.:. ~ Comrrlssioo # EE : ; Expires October 4, 2016 IIotdodlk1lr,.,r,", _~loii Notary Seal

238 Date: // k L-J z-. 7 Clay County Board of County Commissioners Division of Planning & Zoning Attn: Zoning Chief P.O. Box 1366 Green Cove Springs, Florida To Whom It May Concern: Be advised that I am the lawful owner of the property described in the provided legal description attached hereto. I give full consent to process the application for rezoning. Owner's Signature Print Name: rtdk;l'- Gv~~\$~" STATE OF florida COUNTY OF Clay methis 1'2 dayof Nouemtee n " ]I[ -==:"'~I..!.!...":"'-..lo Y...l~I.L!...!..::::~-'- -J who is Rersonally ~ to '1+:-----., as identification. Notary Seal

239 .' ~: I". J 'f.,t:;~i I ',' WARRANTY DEED Book: 1545 Page: 0513 Ree: 03/30/95 12:34 P.M. Fi I ell John Keene Clerk Of Courts Clay County. FL THIS INDENTURE, made this 17th day of January, ~M~t~'O 4 GUSTAFSON'S DAIRY, INC., a Florida corporation, whose ad~~~ss~hf~, County Road 1511., Green Cove Springs, Florioa 32043, party of the first part, and GUSTAFSON'S DAIRY FARM, INC., a Florida corporation, whose address is 4169 County Road 1511., Green Cove Springs, Florida 32043, party of the second part. WIT N E SSE T H: That the said party of the first part, in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00 )" and other good and valuable consideration, to it in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and conveyed to said party of the second part, its successors and assigns forever, the following described land, situate, lying and being in Clay County, Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO. Subject to covenants, restrictions, easements, mortgages and all other encumbrances of record and taxes assessed subsequent to December 31, 1993; provided, however, this reference will not serve to reimpose any such covenants, restrictions or easements. Real Estate Assessment No And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal on behalf of said party of the first part the day and year first above written. j.jm IIIN "'''' "" '" M Signed and Sealed in Our Presence: GUSTAFSON'S DAIRY, INC., a Florida corporation, '. By: ' ~ ~tafson President '~ STATE OF FLORIDA COUN'l'Y OF CLAY The foregoing instrument was acknowledged before me this 17th day of January, 199~, by E.S. Gustafson, President of Gustafson ' s Dairy, Inc., a Florida corporation, on behalf of the corporation, who are personally known to me or who has produced a driver's license as identification. 4&t/24412

240 :.: :.:.... A tract of land consisting of --i12'5 acres. more or less' in Clay county, state of Florida in section thirty eight '(:3 8), township six (6) south, Range twenty six (26) east. Bordered on.the,n~rth by Green Cove Avenue on the east by the Seaboard coast L~ne 'Ra~lroad, on the south by lands of J.P. Hall, and on the west by county road l~a" More particularly described as follows: Beginning at the south right of way intersection of CR 15A and (J1 Green COVe Ave' and thence east along said right of way of Green Cove Ave a distance of ± 1700 feet turn south west at this point a ~ distance of 6'40.:ll feet at this. point turn east a distance of feet, at this point north for a distance of feet, M' east for a distance of feet to the right of way of Seaboard Coastline Railroad south along said right of way for a distance of feet at this point turn southwest.for a distance of 400 feet (J1 t~rn west'at this point for a distance of 3550 feet, turn northwest ~ at this point a distance of 900 feet 'at this point turn west for,a ~ distance of 2995 feet to er 15A right of way.turn nort~ a~ong sald right of way a distance of 9100 feet to a po~nt of beg~nn~ng. See Attached Map,. #1 LESS AND EXCEPT: o :;t1 b1 o :>: ~ (J1 ~ A track of land consisting of.± acres located in Clay County, State of Florida in the N. W. of Section thirty eight (38), Township Six (6) south, Range twenty six(26) East and more particularly described as follows: Commence at the center line of Green Cove A ve. at the intersection of Green Cove Ave. and County Road 15A. Thence south along County Road 15A a distance of ' to a point of beginning (P.O.B.) (iron pipe) continuing south along C.R. 15A 755.8' to an iron pipe (35.0' east of centerline of C.R. 15A) (CR#2) turn an angle of 89 30' from P.O.B. and continue east a distance 284.8' to an iron pipe (CR#3) turn an angle of 110 0' from CR#2 and continue north a distance of ' to a brass cap set in concrete (CR#4) turn an angle of 270,0' from CR#3 and continue east a distance of 287.1' to an iron pipe (CR#5) turn an angle of ' from CR#4 a distance of 32.9' to a brass cap set in concrete (CR#6) turn an angle of 199 0' from CR#5 and continue south east 22.4' to a brass cap set in concrete (CR#7) turn an angle of ' from CR#6 continue east a distance of 15.2' to a brass cap set in concrete (CRU8) turn an angle of 146 0' from CR#7 and continue north east a distance of 52.2' to an iron rod (CR#9) turn an angle of ' from CRUB and continue a distance of 94.2' to an iron pipe (CRU10) turn an angle of ' from CR#9 and continue 475.2' to an iron pipe (CR#11) turn an angle of ' from CR#10 and continue a distance of 497. l' to an iron pipe (CR#12 fence corner) turn an angle of 166 0' and continue a distance of 583.0' to the Point Of Beginning. SEE ATTACHED MAP n 2

241 MAP U 0 :<l tjj 0 0 :>:: \-I {J1 C- {J1 ":: ~\,.~~ CQV' :7 'ti :.- 0 I'l 0 Ln \-I {J1 :',. ;:.;.: i j~ S O d 0.$0" NJDD f"""!5ig1. ;;;;;:J:a 1 UII.~...

242 ~f } MAP t 2.. ~ ".<, "'". 0, 0 :0 til 0 0 :><: ~ (J1 :.. '" t;l t'l D (J1 f-i ()I ±13.06AC..... ~~ ' 'o.a --z.-l ,;~;;;;,~:, ~ CHILA. ---.S C- -A.. '- f- lof) $0 0 $0 100 P"""lI;-'f=-;~

243 f~l fax Old st. Augustine Road Jacksotlville. Florida May i,20ij Gustafson~MM Materials Work Order No File No. 122E-27.00A Overall Parcel Aportiotl of Sectloh 38 of the George 1. F. Clarke Graht, ToWnship 6 South, Range 26 East, Clay County" Florida, also pemg a portion of those lands described and recorded in Official Records Book 1545, page 513, of the Public 'Records of said county, being more particularly described as fonows: Fora POInt ofreferen.:ce;,c()rrun:ence at the centerlineintersectiort of Chason Road"a 50 foot right of 'WIlY' ~ presendy~stablished, and County Roaq No. 15A" a variabl.ewidth right 6fwayper.floricia.Depanmerit drtt:l,\~$pq$tiotirlght of Way Maintenance Map Section No. 71()1~ thence S6:uth 'Oi"i3'41" West, alohg said centerlit:l.~ of County :Ro.ad No. 15A, a distance 0[1580,66 feetjb 'its, inter~~cti(mwith tb:e c~titerhn~ of'pt<?posedstate Road No; 23,(1 variable width Hmited acc;;~s right :of way per Florida Oep~t:4nent of tnt~spqrtation Right of Way Map Section No, 71493, said il1te,~$~~h9n b~ing -.a.t station of said State Road No. 23; theme Easterly along said cerilediheofsta,te Roa,d 1\[0.,23 the following 4 courses: Course I, thence North 65'119'45" East, d PJi:itlhgsaid c'eriterlinebf County~oa4 N.o. 15A; a distance of feet to the point of c!,liy~wxe of,a curve con9.ave S6utheasterJyhaving a radius of feet; Course 2, thence Northeasterly along the arc of ~ard CUrve thto\lgha central angle of 04 08'25", an arc length of Jg56 : 09t~eLt0the point 'of Ulrtgencyof s!!i9 ~mrve, ~aid;ij:c bei'r).gsubtentled bya chotd bearing and distance ornpj:ip 6fo'4S'~W' ~St, i 6~5.73 feet; Course 3, :thence No t69 Q 28' 1 <r' EMt, fe:et;0oufs~kthence :North, 67~rO:'38~'~st,255A6 ' te Uo its ijitersectiqh with the WestedY'right of w~y lln' 'QfC:S:X ~ Raltroatta 100 foot right of W('lY il;spresentiyestabiisnecl; thence No'rth.2.1 '1 5Y29" West, depanip,g said centeilineandalong s'aid WesteiJy tight of way line, Ilj2.02 feet to i.ts )ntet~eciipn whhthe Noitherly limited ~ccessright of way fine pfsaid StatcRoad No..23 and the l?oin~ 'o ~ gihniqg. Fr6t.n said P9in~ of Beginning, thence South 6~7'110'38" West, along said Northerly limited access,dghtiofw!l,yjine,25l1..76 reet; thences6uth 69()28'lO" West, continuing along said Northerly limited. a'cc:~ss riglif-of.way line; :9J5.61 reet;fhyncenotth 21'155'37" West, departing said Northerly limited,~ccessdght of way line; feet; thence North 46'125'27" West, 340 ~91 feet; (hence North 52Q58'11~" West; feet;1hence North 21 "5,'S'29" We~ty 1025,51 feet; thence North 68'104'31" :E~t, tz,ot41 fe t} tlierice~ort~21'1s5 '~9:' We~H p2(j2;m feet~9a RQillt lying: on the Southe~!y Ii~e :Qf Pa~~l ;':'N\.fi~: 4~s~.flptQ.\~1)\d ' i'ecq@~d in.,'officiiil Records Book: 33:J Q.,p~ge lqq~, ;of s'aidpubilq Rd" oras} Uien~e South '77 0 '8~,~4J1 :E~s'~j ~alon& s~id ' $Q~ttletly;fiQ ;, ii6.96 feet to the Southeast?cPtner :fh~re9t'sai:9 'q'qmer. IJln8,cmsai'dWestedy ri&ht of w~y : nn~ <:If 0SX. Ra.itroad; 'theme' South 2t~S1, 2'9'J ~~t a\9p,~ 'saiifwe~tetly i,lg~j :qfw~yjiiie,5-376a5 feetto the Poihtc9f.Begirinirt.g ~ -. ~" -, SURVEYORS. PLANNERS ~ CIVIL ENGINEERS ' _, _:', _,,. '.., _ ", JackSOriVllIe,'Florida ~, , , '. - -~ ~ \.

244 SKETCH TO ACCOMPANY DESCRIPTION OF OF A PQ!?riON OF S~CTlON 3$ OF THE GEORGt I. F. CLARKE GRANT, TOWNSHIP 6 SOUTH; RANGE 26 EAST, CLAY COUNTY, FLORIDA, ALSO BtlNG A PORTrON OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 154~, PAGE 513, OF THE PUBLIC RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DEseR/BtD IN SEPARATE ATTACHMENT:,CHAsoN.. I~,. ROAD ' lie. (:;'0 " R/lj') ~~ ; ~LlNE. 'rv <> :.;;. GE()RGE I.F. CLARKE GRANT SEciioN.J8 P/?OPOSED OYERALL PARCEL ACR.ES± ~"'v:-'o ~.,'!><Y':.p".. 02~. b.r.. B. 1545, PG.513 N52'58'J4'W 60.00' gj ti 'v, ~.. """ '}.'~ LEGEND: O.R.B. PG. R/W LA-R.W. PC PT R Il L C8 th. \'f"\ \~ \ \~ \ \<" \ \ \,'% c&wcgf:~:fnt \ \\ SECTION.J8,\ <::.. \ \ (') ~~~)~ \ ~......: "" (eo '" V' 9""'61' _ OFFICIAL RECORDS BOOK PAGE RiGHT OF WAY UMI7ED ACCESS RIGHT OF WA Y ~g~~ ~ W.~b~~E RADiU$ cfntral ANGLE ARC LENGTH cflord B ARING cfldrd DISTANcE PARCEL "A" \ \ \. 11\ O.R.B. ~J18, \ \ ~ ~ PG \ \ ("> 577'08';54"E \\'6?O 66.96' \\ "VI~ \ \~ \. \~,..,..,\~.,o VI' r- c:) l->\ '~", ~\~o 0'91 toj."-:: ",\'6 ".. ~~ ~\~ ~...\ <> IS <.> ~.... \6'}. O ~ \ cz!i: "'!:l 1-,s,., 9'~1 '- ' "'. \." QS.'n. I ~,.55'}. ~". J.;~) ~, ~ ~ Q:~ I~ R.~ -~ ~~~1d,~e.". POINT OF (0\ \ 'i. Il:: g ~ ~ t).11 ;..b- 5cfo'f.)~[ t\ \1~'}.;Q \:\61,:\ 546, B~GINNING ~ \ <" ; '" :- ~~ 1l0~ ~ ~ PT. '}.'5. ' Co ~!il :~ <=1l.1,I1l~ \~ PROPOSED INTERSECTlOf!. OF THE ~. ' \ :::i iil ~ I ~ E~ ~ R= ', W.ly R/W!IN OF CSX '\ 8~~ U C - t PC' 6=4rJ8'25" STATE ROAD No. 25 R.AILROAD AND THE \ ~, , L= , (VARIABLE: WIDTH LA.R.W.) N.ly LA.R.W. UNE OF.' ~ It" 1'1 65,0. 89 CB=N672J'58" (PER r.o.d.t. R/W MAP STATE ROAD No, 23 ""'1)ttE I\:''}. CH= SECTION No. 7'493)...-' ~).ic~eo~ ~ NOTES: SEE S.R. No 23 I) '$ NOT A SURW*..'" (tr. ST~1J9,tf2) BEIf@N.t:;$,BAS~ Qff 1HEl>{ORTHFRLr UJ.(I~ AqCESS.RI(;H]QF. B:31+Q4Al.. WAY UNE' OF sf A 7E ' RoAD No. 2:$ AS BEING 50(j1H 69"28'10" ~Ti. ' ' ~- : _- - -'.'.., " - ': ~~"". ; \, ~i' 'R 'm' Pt.,'. : L.. :..... '.... (J\. -.", NOT VAUQ-,!,ffH()U! 1HE:S!GNA.TYR~. MID.. TH.E,QlfIGfNAL~AlSED SEAL OF'A FLORIOAU9Ef:/S () SURVEYOR AND M~J'PER. DAMON;}, kfilr PROFEsstdNAJ.. StJRl@'QR AND MAPPER $ta 7E of FLORIDA.i.S No ro

245 PRESENTATION TO CLAY COUNTY PLANNING COMMISSION

246 Gustafson's Cattle, Inc. PIO Clay County Planning Commission June 4, :00 pm

247 Jon' 0' Elm En9land-Thim)" millar... c. Y1$ION Dftf:AII!NCf "UULTS fiii\jw"""""'fqo'r""""oi~" ~-.. """",,,,»-~.,.;I---~""''''''~.~.-~ '*..,~...,..,.,,.p:,, ~r- Clft~~,.,..,...,~...-~ _"IWI«I'''~

248 I'IIbIrru...,tI#I:I_I:II~.. --"'1d"~I:r_ -.".."11."... ~."11.. ~.--~- -""'"'* "-""" t_...--n-. ertvlcr'iid -Thlm~" rtlidar.lnc....,..--.~-~... _IIW'fOIC:IIO~ ~SION.. I!XP AIEJtCE.. RESULTS

249 400' 0 ' NoIr r".""""..,,~...,...,.,.. ~~"~111---'-".. l'id~ "~~ ;I~. "" UII_.. l'id""" ~"""''''' ~ ~ ~.,..."..~---...r;ocra,a-oo

250 AIR QUALITY "the maximum expected increase in particulate matter concentrations will be approximately 200 times lower than the air quality standard developed to protect human health and will be times lower than dust levels that naturally occur in the ambient air." "The maximum concentrations of compounds associated with the asphalt cement will range from 80 to over 1,000,000 times lower than air quality standards for these compounds." Source: Koogler and Associates, Inc. Report dated May 31,2013.

251 Traffic Comparison 3500 Vehicles Per Day Vehicles Per Day 500 o Existing Zoning Proposed Zoning Source: Memorandum from Jeff Crammond, PE, PTOE dated June 4, 2013

252 150' O En9land-Thirn)ol rtliici",1rk:. V1SI0H O:~lo.Cf. RESULTS ",...".._~ItI'GItJI""""""", _... ~_.ai ~...,. J1MIp1,IolI _..._CJ"...,_ ~-.. -,.ct"'-.~ ~""~,,,,01~ ~. _10<"01"...-1 ~,..,_~O~

253 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18,2013 SUBJECT: COUNCIL DESIGNATION OF VOTING DELEGATE AND RESOLUTION INFORMATION FOR 87 TH ANNUAL FLORIDA LEAGUE OF CITIES CONFERENCE IN ORLANDO, FLORIDA ON AUGUST 15-17,2013 BACKGROUND: The attached information from the Florida League of Cities concems selection of the City's delegate for voting on issues / items discussed at the 8ih Annual Conference sessions in Orlando, Florida on August 15-17, In addition, I have provided information regarding procedures the League requires municipalities to follow in submitting proposed resolutions to the membership for consideration at the 8ih Annual Conference. In the past, the City Council has designated the Mayor as the voting delegate representing the City or another Council Member should the Mayor not be able to attend the Annual Conference. I have attached the two Resolutions, R and R submitted last year for the Florida League of Cities consideration at their 86 th Annual Conference in FISCAL IMPACT / FUNDING SOURCE: No Impact RECOMMENDATION: R~spectfully recommend selection of a member of the City Council as the City'S Voting Delegate for the Florida League of Cities' 8ih Annual Conference in Orlando, Florida on August 15-17, 2013 and direction for submitting any resolutions for consideration by the Florida League at their Annual Conference. MOTION: Subject To Council's Decision SUBMITTED BY: APPROVED BY: Page 1 of7

254 301 So ut h Brono ug h Street Suite 300 P.O. Box 17S7 Tollohossee, Fl (850) Fox (B cities.[o m TO: Munidp'! K,y Offid,! f\.~ 0.. P. ~ Michael Sittig, Executive Direct:. 0 ~"" FROM: DATE: May 29, 2013 SUBJECT: 87th Atillual FLC Conference - "Great Cities Make a Great State" VOTING DELEGATE AND RESOLUTION INFORMATION August 15-17, World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August This year we are celebrating Great Cities Make a Great State which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official fr0111 each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2012, which are the same as the 2012 Census. Registration materials will be sent to each municipality the week of June 1st. Materials will also be posted on-line. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership.,a resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) or (800) , extension Proposed resolutions must be received by the League no later than July 10, If you have any questions on voting delegates, please call Gail Dennard at the League (850) or (800) , extension Voting delegate forms must be received by the League no later than August 12,2013. Attaclunents: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President Manny Marono, Mayor, Sweetwater First Vice President P.C. Wu, Council President, Pensacola. Second Vice President Lori C. Moseley, Mayor, Miramar Executive Director Michael Sittig General Counsel Horry Morrison, Jr. Page 2 of7

255 Procedures for Submitting Resolutions Florida League of Cities' 87th Annual Conference World Center Marriott Orlando, Florida August 15-17, 2013 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 10,2013, to guarantee that they wiii be included in the packet of proposed resolutions that wiii be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for propel' form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue wiii be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee wiii be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session ofthe conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present wiii be required for adoption. (5) Proposed resolutions relating to state legislation wiii be referred to the appropriate standing policy corrunittee. Such proposals wiii not be considered by the Resolutions Committee at the conference; however, all state legislative issues wiii be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda wiii be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Page 3 of7

256 87th Annual Conference Florida League of Cities, Inc. August 15-17,2013 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than August 12, Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Delmard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL Or Fax to Gail Dennard at (850) Page 4 of7

257 Important Dates May 24, 2013 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 22 Appointment of Resolutions Committee Members July 10 Deadline for Submitting Resolutions to the League office August 15 League Legislative Policy Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 17 Immediately Following Breakfast - Pick Up Voting Delegate Credentials Followed by Annual Business Session Page 5 of7

258 RESOLUTION NO. R A RESOLUfION OF THE CITY OF GREEN COVE SPRINGS, FLORIDA URGING THE FLORIDA LEGISLATURE TO SUPPORT AMENDMENT OF STATE REGULATIONS FOR MOORING FIELDS AND ANCHORAGE OF VESSELS ON WATERWAYS OUfSIDE OF MOORING FIELDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Green Cove Springs, Florida finds that the unregulated anchorage of vessels within the corporate boundaries of the City poses threats to the public safety and welfare related to the potential for discharge of materials detrimental to water quality and personal health; and WHEREAS, the City Council finds further that the unregulated anchorage of vessels within the corporate boundaries of the City poses significant threats to protected flora and fauna located in and on the water and on the bottomlands within the anchorage areas; and WHEREAS, the City Council enjoys the authority to regulate vessels operating, moving and anchoring in the waterways and bottomlands located within the corporate boundaries of the City and to regulate the conduct of persons using said waterways and bottomlands in a manner consistent with, and not in conflict with, State and Federal regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA THAT: SECTION 1. That the City Council of Green Cove Springs, Florida hereby recommends the Florida Legislature consider amending Chapter (3), Florida Statutes, "Florida Vessel Safety Law" to allow local governments authority to regulate the anchoring of vessels outside of a mooring field. SECTION 2. Effective Date. This Resolution shall take effect immediately upon passage. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, IN REGULAR SESSION THIS 17 TH DAY OF JULY, CITY OF GREEN COVE SPRINGS, FLORIDA ATTEST: Pamela J. Lewis, Mayor F. Lee Bentley, City Clerk Page 6 of7

259 RESOLUTION NO. R A RESOLUTION OF THE CITY OF GREEN COVE SPRINGS, FLORIDA URGING THE FLORIDA LEGISIATURE TO ENACT LEGISIATION THAT WILL ABOLISH "INTERNET CAFES IN FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section (1) (a) 1 Florida Statutes, authorizes the operation of arcade amusement centers; and WHEREAS, the Florida Legislature is expected to continue review regulations for Internet Cafes and potential expansion of gambling within the state; and WHEREAS, the City of Green Cove Springs, Florida provides municipal services to its citizens, including regulation and licensing of businesses and pursuant to its home rule and other statutory authority for enacting regulations, licensing and permitting of business vital to the public's health, safety, morals and welfare as deficient or inadequate regulations can lead to public harm; and WHEREAS, the City believes continued operations and proliferation of adult arcade amusement machines and electronic game promotion centers throughout Florida may have a detrimental impact on the health, safety, morals and welfare of its citizens, visitors and adversely affect economic and redevelopment activities, since said businesses may include forms of gaming or gambling which could lead to illegal activities, including the misery of individuals and families touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse, domestic violence, crime, and suicide; WHEREAS, the City is concerned that continuation or fmther expansion of internet cafes throughout Florida will assuredly denigrate the quality oflife for all citizens of and visitors to Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA THAT: SECTION 1. The City of Green Cove Springs supports and urges the Florida Legislature to enact legislation abolishing Internet Cafes within the State of Florida. SECTION 2. Effective Date. This Resolution shall take effect immediately upon passage. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, IN REGULAR SESSION THIS 17 TH DAY OF JULY, CITY OF GREEN COVE SPRINGS, FLORIDA ATTEST: Pamela J. Lewis, Mayor F. Lee Bentley, City Clerk Page 7 of7

260 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Green Cove Springs' (GCS) Primary and Alternate Voting Delegates to the Florida Municipal Power Agency (FMP A) BACKGROUND: On January 22 nd ofthis year, the Council appointed Former Council Member Robert C. Page as our Primary Voting Delegate and Council Member D. Ray Braly as our Alternate Voting Delegate. Since Mr. Page is no longer a member of the City Council, we need to select another Primary Voting Delegate. Council Member Braly has indicated that he is willing to serve as the Primary Voting Delegate, so the Council could then select him to serve as the Primary Delegate and select someone else for Alternate Voting Delegate. Previously, a Council member, City Manager, and Electric Director have served in this capacity. RECOMMENDATION: The Council must select individuals to serve as our Primary and Alternate Voting Delegates to represent us at FMP A meetings. We will communicate the Council's decision to FMP A in writing such that it will be on file with the organization. MOTION: Designate as our Primary Voting Delegate and as our Alternate Voting Delegate to represent the City of GCS at FMP A meetings. SUBMITTED BY: k"", /\A...oo""

261 CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF JUNE 18, 2013 SUBJECT: Approval of Resolution No. R-1l-2013 designating certain persons to administer the new red light camera hearings. BACKGROUND: With the passage of CS/CSIHB 7125 during the 2013 Florida Legislative Session, the City must designate by Resolution certain persons to administer the new red light camera hearings and related issues. This process occurs when the alleged violator pleads not guilty and requests a hearing. This process will replicate the current system used in our County Courts, placing the burden of hearings for violations on the City. FISCAL IMPACT / FUNDING SOURCE: Yet to be determined, but the City should be able to recover its costs for the entire hearing process to include the City Attorney, Special Magistrate, Staff and use of City Hall and related expenses. RECOMMENDATION: Approve Resolution No. R-1l-2013 with a recommendation that the Special Magistrate include administrative costs per State Statute. Additional costs will be determined after a meeting of City Staff to determine the most cost-efficient procedures on Monday, June 17, These costs will be presented to Council at the meeting on Tuesday, June 18, Properly requested hearings with legal cancellation by alleged violators (Per Statute) Properly requested hearing with alleged violators appearance and admission of violation Properly requested hearing with alleged violators appearance and violation upheld following evidentiary hearing Properly requested hearing with no legal cancellation and no-show $50.00 TBD TBD TBD 5. No administrative costs shall exceed $ under any circumstances. (per Statute) (Note: Chapter number of new law will be filled in when determined.) MOTION: Approve Resolution No. R-1l-2013 with recommendation to Special Magistrate regarding administrative costs. SUBMITTED BY: APPROVED BY: L.J~ ItS 06/ J 2/ J 3 -jwe

262 RESOLUTION NO. R A RESOLUTION BY THE CITY COUNCIL OF GREEN COVE SPRINGS DESIGNATING THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATE TO SERVE AS LOCAL HEARING OFFICER PURSUANT TO CHAPTER 2013-TBD, LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO UTILIZE CITY STAFF AND/OR CONTRACT PERSONNEL TO IMPLEMENT CHAPTER 2013-TBD, LAWS OF FLORIDA; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed CS/CS/HB7125 during the 2013 Legislative Session providing for hearings related to Notices of Violation connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code; and WHEREAS, the Governor of the State of Florida signed CS/CS/HB7125 into law in July, 2013, resulting in the Chapter 2013-TBD, Laws of Florida, taking effect on July 1, 2013; and WHEREAS, the use of a Local Hearing Officer promotes home rule and allows citizens of the City of Green Cove Springs to have a local method of contesting Notices of Violation separate from the traffic court process; and WHEREAS, the City Council wishes to utilize existing resources, staff, contract personnel, and Magistrates to implement Chapter 2013-TBD, Laws of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS THAT: Section 1. Incorporation of Recitals. The Recitals set forth above are adopted by the City Council as the findings of the City of Green Cove Springs and are incorporated herein. Section 2. Designation of Local Hearing Officers. Effective July 1, 2013, the City's Code Enforcement Special Magistrate is designated to serve as the Local Hearing Officer, as set forth at Section 4 of Chapter 2013-TBD, Laws of Florida, as of the effective date of this Resolution or July 1,2013, whichever occurs later. Section 3. Authorization to the City Manager. The City Manager is authorized to use City staff and/or Contract Personnel to implement the authorizations contained in Chapter 2013-TBD, Laws of Florida, and to have City staff and/or Contract Personnel serve as Clerk to the Local Hearing Officer.

263 Resolution No. R-1l-2013 Page 2 Of2 Section 4. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause, or phrase of this Resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, or phrases of this Resolution, but they shall remain in effect it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any apart. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREEN COVE SPRINGS, FLORIDA, IN REGULAR SESSION THIS 18 TH DAY OF JUNE, 2013 CITY OF GREEN COVE SPRINGS, FLORIDA ATTEST: Roy M. Timberlake, Jr., Mayor F. Lee Bentley, City Clerk APPROVED AS TO FORM: L. J. Arnold, III, City Attorney

264 (904) 'F~ (904) 'ItD<D: (904) <6;~~ WAebn ~ove~ 321 'WaCnut Street qreen C(Y(Je Spri1l{Js, pforufa MEMORANDUM TO: FROM: DATE: DANIELLE J. JUDD, CITY MANAGER JANIS K. FLEET, AICP, DEVELOPMENT SERVICES DIRECTOR June 11, 2013 SUBJECT: MONTHLY REPORT FOR APRIL, 2013 PLANNING A new business license was reviewed and issued for Ejoune BBQ, located at 1100 Martin Luther King, Jr. Blvd. A Minor Special Event permit was issued to ClayPort for the Green Cove Autocross. The Department submitted a grant application to the North Florida TPO and FDOT for a multi-use trail for Green Cove Avenue. The Green Cove Springs application was the only trail project submitted for Clay County and will be 100% funded by FDOT. Revenues for planning related fees for April were $438. BUILDING The number of permits issued in April increased approximately 10% from March to April, while revenues increased 23%, due to the types of permits issued. Revenues for the Building Department fees for April were $8,513.

265 NEW HOUSES 2013 PERMIT SUMMARY APRIL MAGNOLIA POINT: 0 MAGNOLIA WEST: 0 CORE CITY: 0 CONDOS: 0 COMMERCIAL ACTIVITY APRIL BUILDING (NEW) 0 OTHER PERMIT ACTIVITY APRIL ADDITION COMMERCIAL 0 ADDITION RESIDENTIAL 0 REMODEL COMMERCIAL 2 REMODEL RESIDENTIAL 0 SCREEN ROOMS: 6 SHIP PROGRAM: 0 SIGNS: 1 POOLS: 1 RE ROOFING: 8 GARAGE/SHED: 3 OTHER PERMITS: 44 TOTAL PERMITS ISSUED 65

266 Perm it Activity Yearly Comparison Permits Permits s _ 2012 Permits ~~~ ~ ~ ~ ~----~ ~~~ ~~~ _ ~~ _~~ _----~ ~~~ ~ ~~~ o +---~~--~----~----~--~----~----~--~~~~----~--~----~ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

267 (904) 'F~' (904) 'T(j)(J): (904) Wa(nut Street green CO'Ve Spri1llJs, Pforitfa MEMORANDUM TO: FROM: DATE: DANIELLE J. JUDD, CITY MANAGER JANIS K. FLEET, AICP, DEVELOPMENT SERVICES DIRECTOR June 11, 2013 SUBJECT: MONTHLY REPORT FOR MAY, 2013 PLANNING New business licenses were reviewed and issued for Michelle Sweatland, Attorney, located at 820 North Orange Avenue, Ryan Scientific, located at 1768 Wildwood Road, and Haselou Transmission, located at 1608 Idlewild. A Minor Special Event permit was issued to Military Museum and a banner permit for Concert on the Green. The SDRT Committee met on May 2 nd and reviewed the site plan for approval of the minor development for the expansion of Fire Station # 20 on Oakridge Avenue. The Committee also reviewed and recommended approval of a Gateway Corridor/Central Business District Grant for facade improvements to the property located at 820 North Orange Avenue. I prepared and submitted an application for a Technical Assistance Planning Grant to the Florida Department of Economic Opportunity to prepare a Community Redevelopment Area Plan. At the May Planning and Zoning Board meeting, I presented the Planning Agency Member training course prepared by the First Coast Chapter of the American Planning. The training provided orientation to the 2 newly appointed Board members and a refresher course for existing members. I held a meeting with the Public Works Director, Electric Director, and Assistant Finance Director to discuss the development review process. As development activity is increasing, we want to make sure all departments are coordinating to assure an expedited review process. Revenues for planning related fees for May were $125. BUILDING The number of permits issued in May decreased approximately 20% from April to May, while revenues declined 18% Three new dwelling units, two in Magnolia Point and one by Clay County Habitat were issued in May. This is the highest number of new dwelling units issued in one month in the past 3 years. Revenues for the Building Department fees for May were $6,958.

268 NEW HOUSES 2013 PERMIT SUMMARY MAY MAGNOLIA POINT: 2 MAGNOLIA WEST: 0 CORE CITY: 1 CONDOS: 0 COMMERCIAL ACTIVITY MAY BUILDING (NEW) 0 OTHER PERMIT ACTIVITY MAY ADDITION COMMERCIAL 0 ADDITION RESIDENTIAL 0 REMODEL COMMERCIAL 1 REMODEL RESIDENTIAL 3 SCREEN ROOMS: 2 -SHIP PROGRAM: 0 SIGNS: 3 POOLS: 0 RE ROOFING: 7 GARAGE/SHED: 0 OTHER PERMITS: 33 TOT AL PERMITS ISSUED 52

269 Perm it Activity Yearly Comparison Permits Permits ' _ 2012 Permits ~~~ ~~--~ ~~------~~ s.. Cl) ~----_ ~~~ ~~~ ~~ E ~~~~~ _;~----~----_ f_----~._~~ ~ Z ~~ ~~~ ~----~~ ~~~ ;~--7_ r~ o +---~----~----~----~--~----~----~--~--~~----~----~--~ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

270 ELECTRIC DEPARTMENT CITY OF GREEN COVE SPRINGS Significant Activities for the month of April Locate tickets marked 25 Repaired streetlights 4 New meters installed 0 Temporary meters installed 1 Voltage analyzer deployed in response to custolner concerns 0 Surge suppressors installed at customers request 2 Pole Change-out 0 Meter check for accuracy at customer request 2 Cut service at pole 1 Reconnect at pole after non-pay customer pays bill 1 Change out meters at City Hall's request In addition to the activities listed above, the Electric Department also Pulled 8 old poles at 8 different locations. Sprayed weedldller at all Substations for maintenance. Replaced pole and electric wires damaged by tractor trailer-police Report filed and reimbursable sent for repairs at Highland Ave. & Center St. Replaced damaged junction box at Oglebay Dr. and secured secondaries. COll'ected variances from 2 nd Quarter 2012 sent in from Tony Velazquez, who is with the Florida Public Service Commission. Replaced broken junction box at 3589 Shimlecock Ln. and secondary coidlections. Installed transformer bank at 410 S. Orange Ave. and provided service to well pumps behind the Shell Station. Replaced junction box and bad connections at 1668 Pebble Beach Blvd. after customer complained of voltage problems. Discomlected power at 615 Walnut st. for electricians to facilitate work-reconnected after final inspection. Checked rotation. Reset the alarm at Chapman Substation, #2 transformer-showed blank panel 4/ Relocated overhead service wire that was rubbing on a palm tree at 105 S. Magnolia Ave. Reset the main tank alarm at Chapman Substation after walldng around and finding no cause 4/16/13. Removed 2 capacitors for testing after finding blown fuse on capacitor bank at 1289 Harbor Rd. Began transformer inspections and maintenance. Met customer at 1886 Quaker Ridge Dr. to discuss trimming around the transformer. Checked out report oftransfonner making loud noise at 3604 Maidstone Ct.-was A OK. Trimmed limbs and vines away from service wire at 700 S. Highland Ave.-allowed service to be clear oftree and found no chaffing.

271 Removed SEATBELT banner for Police Depmiment in front of County Jail. Trimmed limbs fi.-om service wire and cleared truck access to pole at St Elmo St & Magnolia Ave. Repaired Flag Light at Public Works Compound. Reset mctior alarm at Chapman Substation after OUC called-oil level main tanle light on-transfolmer checked good 4/29/13. Cut wire out of road after tractor trailer ran into them-catv/cable. Dropped service for tree trinmlers and recolmected when work was complete at 402 Robelis Cil'. During the month of April the Electric Department responded to the following outages: 4/7/13 Between 9:00am -10:45am, replaced 6ft of bird wire and installed wildlife protector between primary bushing and bottom of switch-outage caused by squil1'el at 455 S. Vermont Ave. 4/12113 Between 10:00pm - 1 :OOam, removed tree limbs from power lines and reenergized breaker at Harbor Rd. Substation. Systems affected were overhead, underground, Substation breaker operation and recloser operation caused by the storm, trees and vines. 4114/13 Between 9:45am - 11 :OOam, replaced blown lateral fuse caused by a squinel at Magnolia Ave. & Bayard St. 4127/13 Between 10:15am -12:00pm, replaced blown transfonner fuse caused by a squil1'el, trees and vines at 3301 Hwy 17 N., Apt 6. 4/29/13 - Replaced primary lateral fuse blown by squirrel at 1468 Russell Rd. The top 10 largest consumption users for the month of April are as follows: NAME St Johns Landing Gustafson's LLC/Southeast Kindred Health Clay County Jail Witm Dixie Store Inc Board of County Commissioners Gustafson's LLC/Southeast Board of County Commissioners Tamko Roofing Products Governors Creek #436 SERVICE ADDRESS 1408 N Orange Ave 4169 CR 15-A (Engine) 801 Oak St 901 N Orange Ave 3260 Hwy N Orange Ave 4169 CR 15-A (Blow) 825 N Orange Ave 914 Hall Park Rd 803 Oak St KILOWATTS 190, , , , , , , ,480 91,200 86,400 AMOUNT $16, $12, $12, $12, $11, $11, $10, $ 8, $ 9, $ 7,887.40

272 ELECTRIC DIVISION CITY OF GREEN COVE SPRINGS Significant Activities for the month of May Locate tickets marked Repair streetlights New meters installed Temporary meters installed Voltage analyzer deployed in response to customer concems Surge suppressors installed at customers request Repaired security lights Pole Change out Meter check for accuracy at customer request Cut service at pole Reconnect at pole after non pay customer paid bill Change out meters at City Hall's request In addition to the activities listed above, the Electric Division also Repaired flag light in front of Clay County Jail. Replaced transfolmer banle at 965 Bunker Ave. Weekly Substation inspections. Removed fallen tree on secondary line at 305 N. Highland Ave. caused by the stolid and wind. No power loss. Removed tree on service line at 509 S. Highland Ave. and stacked next to the road. No power loss. Reset gas alarm on #1 transfolmer at Chapman Substation after not finding anything after a visual inspection 5/04/13. Reset main alatm on #2 transformer after visual check did not find a problem 05/05/13. Removed tree off secondary line at 612 Bay St. No loss of power. Assisted Public Works in the removal of a leaning water oak tree on a live oak tree on the rightside of west bound traffic in the 900 block of Cove St. Checked on large limb attached to tree that fell missing power lines near the Easy Stop. Prepared damaged/contaminated transfolmers for disposal at 1289 Harbor Rd. and helped with the loading of surplus transfolmers. Annual maintenance of transformers. Verified low hanging CATV IComcast lines at 1323, 1325 and 1401 Spruce St. and advised Connie at Public Works to call and advise them ofthe situation. Repaired lines and leaning pole at the intersection of Kirk st. and Haring St. Trimmed limbs away fl.-om service line at 515 Grove St. Emergency locate at Idlewild Ave. & S. West St. Repaired ground wire at 806 Cypress Ave. Trimmed limbs from service line at 1108 Walnut St.

273 Trimmed limbs fi:om service line at 801 Pine Ave. Checked and repaired lights and receptacles in Spring Park for Memorial Day Celebration. Trimmed palms on west side of the Police Station. Reset timer for Parade of Flags display. Had standby crew at Riverfest to take care of any problems. Admin Assistant trollied people around from parking lots to the Riverfest thru out the Festival. Replaced blown fuse for transfonner at Prestige Concrete, 1219 Clear Hall Ln. Advised customer at 965 Bunker Ave. that their low voltage problem was an inside Issue. Called out for a Fire Call at 1931 SR 16, 5/16/13. No loss of power. Replaced junction box on City Pier floating dock. Adjusted low voltage at Substation for 1411 Wilkies Point Rd. Removed limb from line at 3089 Anderson Rd. No loss of power. Adjusted voltage at tap changers at Chapman and Harbor Rd Substations Elsie St.-was called in by Police to put meter and ring back on and put meter seal on meter can 5/25/13. Trimmed limbs hitting power lines at Bonaventure Ave. and Vermont Ave. Trimmed limbs rubbing hard on service line at 4 N. Robelts st. Reset Major Alarm/LTC Oil Level for #2 transformer at Chapman Substation after finding no problems 5/28/13. Trimmed tree limb from service line between Highland Ave.. Reset Main Alaml for TX #2 after doing walle around and finding nothing at Chapman Substation 5/31/13. During the month of May the Electric Division responded to the following outages: 05/02/13 - Between 5:15pm - 8:30pm, replaced broken secondary cable broken by tree falling on it because of the wind fi:om the storm at 1719 S. Oakridge Ave. 05/02/13 - Between 9:00pm - 10:30pm, repaired power lines pulled down by fallen tree at St. Johns Landing Apartments caused by the lightening from the stolid. 05/03/13 - Between 10:30pm - 6:00am, repaired power lines pulled down by the wind and fallen trees City wide during the stolid. 05/03/13-7: 15am - 11: 15am, removed tree on Harbor Rd. feeder, tree at 1273 Pleasant Point Rd. and repaired all power lines down from the wind and storms. NOlth end of town was affected. 05/06/13 - replaced lateral fuse blown on the Riverside after finding no evident cause after getting calls from customers of a loud boom in the Bayard st. & St. Johns Ave. area. 05/14/13 - replaced blown transformer fuse at 455 Olive Cir. 05/17/13-12:00pm - 2:05pm, repaired secondary lines torn down by forklift operator at 1001 WOlthington Ave., who misjudged the height. Police repolt and reimbursable done. 3 customers affected.

274 05/19/13-9:00am - 10:00am, replaced fuse blown by squirrel at 1409 Idlewild Ave., affecting 3 customers. 05/19/13-5:30pm - 11 :OOpm, repaired lines, #2 breaker at Chapman Substation that failed to open and lateral fuses blown during lightening, wind from storm. Various locations in City affected. OS/26/13-12:0am -5:00am, trimmed tree for access to replace bad transformer and splice secondaries at 1106 Walnut St. Attempted to adjust voltage/taps. Reset Major alalm at Chapman Substation. Electric Utility TOP Consumption Customers (kwh/meter) for May: NAME Clay COllnty Jail Board of County Commissioners Gustafson's LLC/Southeast St J Dims Landing Kindred Health Gustafson's LLC/Southeast Wil111 Dixie Store Inc Tamko Roofing Products Clay High School Board of County Commissioners SERVICE ADDRESS 901 N Orange Ave 825 N Orange Ave 4169 CR 15-A (Engine) 1408 N Orange Ave 801 Oak St 4169 CR 15-A (Blow) 3260Hwy Hall Park Rd 2025 SR 16W 825 N Orange Ave KILOWATTS 282, , , , , , , , , ,240 AMOUNT $21, $19, $19, $20, $17, $14, $12, $12, $11, $ 9,196.04

275 e " - ~ ,. EXECUTIVE SUMMARY GREEN COVE SPRINGS POLICE DEPARTMENT CHIEF ROBERT A. MUSCO During the month of April 2013, Officers of the Green Cove Springs Police Department handled 469 citizen's calls for police service. Overall, Officers responded to and handled 2,354 police related service or enforcement calls, including traffic and self-initiated activity. As a result of these activities, there were 25. arrests affected, 122 Uniform Traffic Citations, and 131 Traffic Warnings issued. Additionally, Officers responded to 261 back-up calls, conducted 495 building security checks, and provided 1,322 extra patrols throughout the City. Response times for calls for service were as follows: Priority 1 = 02:18, Priority.2 = 03:29, Priority J = 03:03. Additionally, the Communications Section received and answered 172 telephone calls to our 911 emergency lines and 671 telephone calls to our standard telephone lines. Officers continue to proactively address "Quality of Life" issues throughout the City by providing quality police services for our community. Over the past month, your police officers addressed the following issues in their continued efforts to provide security and safety for our community: Sergeant Buchanan: Traffic Selective: Performed traffic selective 1 time at 1 location: Leonard C. Taylor Parkway at Reynolds Boulevard; resulting in 2 uniform traffic citations being issued. Pop Project: (1) On 04/20/13, reports were received about an unknown white male who emerges from the wooded area in the 1100 Block of Houston Street each morning and approaches a female who is walking to work. At shift change, I took 6 officers and searched the woods. We located a shelter in the woods near the closed portion of Leonard Street and there were signs that someone had been staying in the small shelter. We checked the area for several days unable to locate the white male. There have been no more reports about the subject in the area and most likely he was a transient who has already moved on. An arrest was made during a separate incident on a homeless man who roughly fit the description of the suspect, however when interviewed, the arrestee denied living in the wooded area. (2) I completed Taser recertification for the entire agency as well as firearms instruction for annual requalification. Problem Solving: (1) Detective Perry and I met with John Ward from Clay County Emergency Management concerning the upcoming Memorial Day events. In light of the recent attack in Boston, we have decided to enact emergency management protocol for the Freedom 8k and RiverFest events. Community Involvement: (1) On 04/11/13, I attended a meeting for RiverFest and the Freedom 8k Marathon. Detective Perry and I have spent several days creating Operations Plans and a tentative Operations Plan is ready to go for both events. (2) I continue to volunteer with the Fleming Island Athletic Association Baseball League. (3) I continue to volunteer with Cub Scout Pack 483 in Fleming Island. (4) On 04/25/13, I attended a meeting for RiverFest and the Freedom 8k Marathon with Detective Perry. In light of the Bombing in Boston during the marathon, revisions are being made to our operations plans and added security measures are being implemented to ensure the safety of the patrons for these events. (5) On 04/29/13, I met with Lieutenant Ron Hodges of the Clay County Sheriff's Office Traffic Division to discuss cooperative efforts between our agencies during the Vietnam Memorial Wall escort detail which is scheduled for next month. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, innovation, Training

276 Other Significant Accomplishments: (1) On 04/18/13, I drove to Tampa, Florida and picked up our 5 new Karbon Multi Pulse Immobilization Devices. I toured the Karbon Factory and made several good contacts with the company. I have been working on acquiring the new devices for several months now. (2) On 04/22/13 through 04/23/13, Officer Checo and I attended instructor certification training for the Karbon MPID at the Wakulla County Sheriff's Office. We have determined that the Karbon MPID is a more effective, repairable, less expensive alternative to the Taser and I will be working to gradually phase out our aging Tasers and replace them with the new devices. (3) I scheduled CPR training for the agency which will occur in May. During this time, I will be working with Dave Foster (Clay Fire Rescue) to set up a 2-day combat medic course or buddy rescue course which will train students to treat wounded Officers during high stress combat situations. The training will involve simunitions weapons and live role players who will act as aggressors during scenarios. This training will provide lifesaving knowledge for Officers to treat serious injuries for each other in situations where Fire Rescue will not be able to respond due to the danger present. Officer Luedtke: Traffic Selective: Performed traffic selective 6 times at 5 locations: Walnut Street at Oakridge Avenue, Walburg Street at Pine Street, 422 South Orange Avenue, Palmetto Avenue at Walburg Street and Vermont Street at Green Cove Avenue; resulting in 5 Uniform Traffic Citations and 8 Traffic Warnings being issued. Pop Project: (1) At Houston Street and Martin Luther King, Jr. Blvd., I observed the street sign was laying on the ground. I contacted public works and advised them of the problem. Problem Solving: (1) I investigated a grand theft valued at $ at Highland Apartments and was able to obtain a possible suspect. After several hours of searching and talking with the victim, the suspect decided to turn himself in. I obtained a confession from him during questioning. I also recovered the stolen property from a drug dealer's home. The item was still in good condition with no damage. I was able to return the item to the victim within 9 hours of reporting the theft. The subject was arrested. (2) I investigated a burglary in Magnolia Point. During the initial time of the report, I entered the stolen item into NCIC/FCIC. The item was valued at over $300. Two weeks later, Detective Perry informed me the item had been pawned in Putnam County and was removed from pawn by the same subject. Detective Perry, Detective Acres, and I went to the suspect's home (Victim's Neighbor) and were able to obtain a confession. The victim learned his neighbor committed the crime and did not want to pursue any charges. The item was returned to the owner in good condition. Community Involvement: (1) I continue to prepare for the 3 rd Annual Camp Cadet and we have held interviews for the new cadets. I continue to work on fundraising events for the camp. (2) I assist with both of my children's baseball and softball teams. (3) I assisted with a local citizen that suffers from dementia. She believed someone was crawling through her window and kept stating her husband has not returned home. Her husband has been deceased for several years and nobody was crawling through her window. We located contact information for her family and I suggested to her son to place contact information for her family on the fridge so Law Enforcement or Rescue could locate it quickly in an emergency. The elderly woman could not recall any phone numbers. Other Significant Accomplishments: (1) I am currently enrolled full time in Columbia College pursuing my Bachelor's Degree. (2) I assisted Officer Kelso with conducting a suicide investigation. (3) I have assisted in Crossing Guard duties for the school zones several times this month. (4) I provided a ride to a disabled local citizen who was walking with her grandchild. I observed her walking a few steps then having to rest. She was attempting to fill Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 2

277 her prescription at Walgreen's. I gave her a ride to and from Walgreens. I have known this subject for the past 9 years. She stated she was grateful for how kind I am with her regardless of our past history. (5) A local citizen that is in a motorized wheel chair broke down at the railroad tracks. I was able to push him to a safe location. The battery on his motorized wheel chair died. Sergeant Buchanan and Officer Kelso assisted in loading the motorized wheel chair in the Police Department's truck and taking him home. Officer Kelso: Traffic Selective: Performed traffic selective 4 times at 4 locations: Oak Street at South Orange Avenue, Oakridge Avenue at Martin Luther King Jr. Blvd., Idlewild Avenue at Oakridge Avenue and 422 South Orange Avenue; resulting in 16 uniform traffic citations and 15 traffic warnings being issued. Pop Project: (1) I cut and removed a branch that was hanging over into the roadway in the 1600 block of Harring Street that was obstructing the roadway. (2) I had Communications Officer Acres add the following Business names to the CAD system: 38 North Magnolia Avenue - Barber Shop; and 36 North Magnolia Avenue - Magnolia Nail and Hair Salon. Problem Solving: (1) I conducted extra patrols in Zone 3 in reference to auto burglaries that are occurring in the area. The extra patrols are to deter criminals from committing crimes. (2) I conducted extra patrols in the area of Roberts Street in reference to complaints of drug activity. In doing so, I made an arrest in which the subject had several types of dangerous narcotics on his person which he admitted to selling in the area. (3) I received several complaints about drug activity at 310 Washington Avenue. I passed the information along to Detective Guzman and stepped up routine patrols in the area. Community Involvement: (1) I attended a meeting at the Police Department in reference to starting our own FOP Lodge and doing things to help people in the community. (2) Throughout the month, my shift had several Juveniles come into the Police Department on weekends to complete community service hours due to being on probation for crimes they committed. I assisted in keeping them busy by washing Police Cars and other items such as the Police Boat and Command Center. The subjects also raked leaves around the Police Department. (3) I assisted a citizen by helping him change his flat tire. Other Significant Accomplishments: (1) I captured a subject that ran from me while I was conducting a traffic stop. After capturing the subject, a search of his person revealed Cocaine, Marijuana, and Pills that were in his pocket. The subject was arrested on 3 felony charges. Sergeant Buchanan assisted in capturing the subject. (2) I conducted preventative maintenance on the Marine Unit at the Police Station to keep the motor fresh so that when the boat is needed it is ready to go without any problems. (3) I was put in charge of making sure the Marine Unit is ready to go at all times. This includes maintenance, making sure all items are working correctly, and fully gassed at all times. Sergeant Hess: Traffic Selective: Performed traffic selective 1 time at 1 location: 1300 block of North Orange Avenue; resulting in 1 Uniform Traffic Citation and 1 Traffic Warning being issued. Pop Project: (1) While on patrol, I observed that the stop sign leaving Cove Plaza is almost completely obstructed from view by tree limbs. I will complete a problem report and have it forwarded to Public Works to have the limbs trimmed and correct the problem. (2) The street light on the Northwest corner of Center Street and Citizen Street is not working. I will submit a problem report to the Electric Department to have the light fixed. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 3

278 Problem Solving: (1) I spoke with a resident who lives in the 1500 Block of Spruce Street in reference to a home in his neighborhood where there is suspected narcotic activity taking place. He said due to the close proximity to his residence, he would attempt to make a list of vehicle tag numbers and vehicle descriptions along with names of persons frequenting the residence. (2) I was informed by a confidential informant about a possible suspect who is committing the vehicle burglaries throughout a large area of the City. I have passed the information along to all Officers working these type cases as well to all the other Officers so they can keep an eye on this subject during their shifts. Community Involvement: (1) Due to scheduling conflicts, I have not been able to consistently attend the Detective Dave White Memorial Scholarship meetings. I had a meeting with Sergeant Randy Case and we discussed putting another Officer from our Department on the Board who could regularly attend the meetings when I was unable to attend. I spoke with Officer Guzman and he agreed to be on the Scholarship Board in my absence. By doing this, it will allow us to have a strong presence on the Board and keep up with the upcoming activities. (2) While eating dinner at a local restaurant in town, I was approached by an elderly gentleman who is a resident in Magnolia Point and a retired Police Officer from another state. He was concerned about the construction of the new Police Department and wanted me to discuss some issues with him. I relocated to the gentleman's table and sat with him for almost an hour discussing the Police Department and police response times. At the conclusion of our conversation, he seemed pleased about our discussion and also pleased I took the time to speak with him. Other Significant Accomplishments: (1) Sgt. Buchanan, Sgt. Asdot, and I commanded the firearms range this year for the Department's annual firearms re-qualification. We also recertified with our Tasers while at the range. (2) I completed the March Executive Summary for the Police Department. (3) I checked numerous Officer's reports and arrest affidavits throughout the month. 4) I inspected and cleaned my team's weapons after range qualifications. (5) I trained an Officer on how to properly disassemble, clean, and reassemble his patrol rifle. The Officer is very proficient with the weapon but had not been properly trained when it came to cleaning and maintenance of the weapon. (6) I cleaned and inspected several duty weapons for a Sergeant who works for the Sheriff's Office. Officer Robinson: Traffic Selective: No specific location listed for traffic selective; resulting in 1 Uniform Traffic Citation and 1 Traffic Warning being issued. Pop Project: (1) After responding to alarm activations at Pegasus Technology in Reynolds Park and not being able to gain entry into the parking lot, I asked dayshift to make contact. I provided dispatch with a contact name and phone number for the facility. Officer Kelso made contact with the individual the following day. Problem Solving: (1) I conducted surveillance in the area of Green Street and Bay Street due to complaints of drug activity by the attendees of the Neighborhood Watch Meeting. Community Involvement: (1) 04/08/13 - I conducted a Northeast Florida Camp Cadet meeting at the Orange Park Police Department. (2) 04/11/13 - I attended the Chamber of Commerce Meet and Greet Barbeque in Orange Park. (3) 04/23/13 - I attended Bob Page's Farewell Party at City Hall. (4) 04/26/13 - I attended the Shaping Clay Meeting at the Orange Park Library. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 4

279 Other Significant Accomplishments: (1) 04/09/13 - Qualified at the gun range in Lawtey. (2) 04/18/13 - I held interviews/orientation for Camp Cadet applicants at City Hall. (3) I continue to conduct work with various law enforcement agencies in an effort to have continued participation and support for Camp Cadet to be held the week of June 16, 2013 at North Fork Leadership Camp. (4) I am in the process of planning this year's annual Teen Summit. Officer Checo: Traffic Selective: Performed traffic selective 4 times at 5 different locations: Slowtide Road at Leonard C. Taylor Parkway, 923 Leonard C. Taylor Parkway, 479 Houston Street and 611 South Oakridge Avenue; resulting in 3 Uniform Traffic Citations and 9 Traffic Warnings being issued. Pop Project: (1) Due to the recent storms and power outages, I have assisted the Electric Department on conducting traffic assignments and help remove tree limbs from the streets. Problem Solving: (1) Due to the recent complaints from Neighborhood Watch Meetings, I have stepped up patrols in the areas of Bay Street, Cove Street and Oak Street in an effort to catch or deter any suspicious activities. Community Involvement: (1) I volunteered to go on a School trip with Coppergate Elementary School. The school officials were happy that I volunteered to go on the trip. Most of the. teachers that went on the trip knew that I was a Police Officer. The trip was to the Jacksonville Suns stadium. Other Significant Accomplishments: (1) I completed the instructor course for Karbon Arms which is the new Electronic Immobilization Device that the Police Department is transitioning to. Sergeant Asdot: Acting Lieutenant - eff. April 25, Officer Wilson: Traffic Selective: Performed traffic selective 14 times at 9 different locations: South Orange Avenue at Oak Street, Oakridge Avenue at Idlewild Avenue, 400 block North Orange Avenue, 800 Leonard C. Taylor Parkway, Idlewild Avenue at West Street, 300 block of South Palmetto Avenue, Green Street at Cove Street, South Oakridge Avenue at Thomas Street and Idlewild Avenue at Oakridge Avenue; resulting in 72 Uniform Traffic Citations and 48 Traffic Warnings being issued. Pop Project: (1) I made contact with the business manager while conducting a business property check at 1100 Martin Luther King, Jr. Blvd. The business has just moved to the address listed above. I informed dispatch with updated business name, address, and keyholder information. Problem Solving: (1) I was informed by some of the citizens in the Neighborhood Watch Meeting in the month of April of motorists speeding in the block of South Palmetto Avenue. I conducted a traffic assignment for 2 weeks in the block of South Palmetto Avenue with these results: (3) Citations and (2) Warning citations. Community Involvement: (1) I attended a Camp Cadet meeting. (2) I attended Mayor/Councilman Bob Page's retirement party. (3) I attended the City Council meeting at City Hall. (4) I attended the Sexual Assault Awareness Walk in the City of Green Cove Springs at the Clay County Courthouse. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 5

280 Other Significant Accomplishments: (1) Sergeant Asdot r Officer Kennisonr and I have been communicating with some of the citizens in Magnolia Point in reference to re-establishing a Neighborhood Watch in their community. Officer Kennison: Traffic Selective: Performed traffic selective 8 times at 5 different locations: Cove Street at Palmetto Avenuer Walnut Street at West Streetr 600 Block of Oak Streetr 300 South Oakridge Avenue and Green Street at Oak Street; resulting in 4 Uniform Traffic Citations and 12 Traffic Warnings being issued. Pop Project: (1) While on patrolr I observed a stop sign at the intersection of st. Johns Avenue and Bayard Avenue leaning over. I sent a problem report to Public Works to have the problem corrected. Problem Solving: (1) I distributed the new gambling law to businesses outlining details in the new law that was passed. Community Involvement: (1) I attended the Sexual Assault Awareness Walk in the City at the Clay County Courthouse. (2) I helped with a local Cub Scout pack meeting. (3) I have been in communication with residents of Magnolia Point in attempts to get a Neighborhood Watch program up and running. Other Significant Accomplishments: (1) I worked on drafting a Career Officer program for the Police Department. (2) I created a new Administrative report form to keep staff up to date on equipmentr projects and other duties assigned to department members. (3) I'm working with Sergeant Asdot on organizing a city-wide weight loss challenge to help City employees get healthy. Sergeant Whiddon: Traffic Selective: Performed traffic selective 2 times at 2 different locations: 300 South Palmetto Avenue and 600 South Oakridge Avenue; resulting in 2 Traffic Warnings being issued. Pop Project: I conducted extra patrols in the Parks due to the recent increase in vandalism. Problem Solving: None. Community Involvement: Spoke with a fellow Law Enforcement Officer who is going through some personal issues. I listened and gave him assurance that his problems would be worked out and things would get better in his life. Other Significant Accomplishments: (1) I successfully completed firearms training. Officer Toon: Traffic Selective: No specific locations listed for traffic selective; resulting in 8 Uniform Traffic Citations and 17 traffic warnings being issued. Pop Project: (1) Due to severe storms during the month of Aprilr a lot of tree branches fell in the streets. I removed a big branch in the road in the 300 block of Washington Street. Problem Solving: (1) Due to drug complaintsr I conducted extra patrols in the area of Forbes Street and Roberts Street. Community Involvement: I pushed a disabled vehicle off the roadway on the 800 block of State Road 16 East. Other Significant: (1) During the month of Aprilr I attended S.W.A.T training and I am still working on my Bachelors degree in Homeland Security at American Military University. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 6

281 Officer Chaney: Traffic Selective: No specific locations listed for traffic selective; resulting in 10 Uniform Traffic Citations and 15 Traffic Warnings being issued. Pop Project: (1) While on patrol, I observed a street light was not working properly in the 400 block of South Vermont. I reported this issue and the light was fixed. The resident that complained to me advised that the road was so dark she was somewhat afraid to walk at night like she usually does. I took this as an opportunity to begin identifying street lights that need repair. These lights will be reported as I find them. Problem Solving: (1) I have been conducting my routine property checks vigilantly. Sergeant Whiddon has kept us informed of any specific properties that may need our extra attention. Community Involvement: (1) I have been in contact with the Dentist at the corner of Cypress Avenue and Spring Street and with the minister of First Baptist Church on Walnut Street in reference to how they feel the neighborhood has improved in the last few years. They both have concerns, due to the economy, but are very content with the Police Department's continued presence in their neighborhood. I also would like the City to think about the possibility of a property and/or yard of the month to show our appreciation to the residents and/or businesses who add to the beauty of the City. Other Significant: (1) Even with our computers not working for a portion of the month, I am proud to say the Officers appeared to have acclimated with ease and continue serving the City. Part time Officer O'Daniel: Traffic Selective: Performed traffic selective 2 times at 2 locations: Idlewild Avenue and Orange Avenue; resulting in 4 Traffic Warnings being issued. Community Involvement: (1) I attended a Clay County Traffic Meeting at City Hall. Other Significant Accomplishments: (1) Viewed 749 red light violations. (2) Put 40 evidence packets together for Traffic Court. (3) Attended red light Traffic Court on AprilS. There were 43 cases. (4) Patrolled the waters in and around Muddy Cove to keep other vessels out of the area while the contractor removed a derelict vessel. (5) Had the City garage repair the message board. (6) Showed Officer Thigpen with the Orange Park Police Department the red light program. (7) Directed traffic at Orange Avenue and Harbor Road while Clay County Signal changed out the traffic control cabinet. Part time Officer Faro: Traffic Selective: None. Other Significant Accomplishments: (1) Viewed 349 Red Light violations. (2) I attended Red Light Traffic Court. (3) Performed PMS on Generators, Golf Carts, Spare Patrol Cars, Command Post, etc. (8 hours) (4) Answered many questions on Red Light violations to citizens and violators. (5) Training on DMS. (3 hours) (6) Attended 8 hour class on Verbal Judo. (7) Assisted CCSO Marine Unit in the Removal of Disabled Vessels from Muddy Cove. (5 hours) (8) Assisted Patrol by filling in for shortages on shifts. (9) Assisted with Vehicle Maintenance. SIGNIFICANT OFFICER ACTIVITY D.E.A. TASK FORCE Officer Graham: (1) Participated in a Search Warrant Operation in Green Cove Springs. (2) Currently involved in a multi-jurisdictional Drug Trafficking Organization which has ties to Green Cove Springs. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 7

282 SIGNIFICANT OFFICER ACTIVITY CLAY COUNTY DRUG TASK FORCE Officer Guzman: I had the following drug buyslinvestigations in the city limits: (1) Conducted synthetic marijuana compliance checks on local stores. (2) Assisted patrol units with drug related traffic stop/arrest on Orange Avenue. (3) Assisted patrol units with narcotics complaint/investigation of male on Roberts Street. (4) Conducted "Knock and Talk" investigation on South Green Street in reference to complaints of possible drug activity, received by Officer Wilson. The investigation led to a search of the home, which ended with no evidence being discovered. (5) Conducted "Knock and Talk" investigation in the 1500 block of Center Street in reference to a complaint of possible drug activity. The investigation ended with no evidence being discovered. (6) Seized illegal slot machine and $ cash from business in Magnolia Layne Shopping Center. (7) Conducted surveillance with agents from F.D.L.E. and other agencies. Surveillance also led into surrounding counties. (8) Attempted "Knock and Talk" investigation in Magnolia West, but no one was home. (9) Conducted surveillance on apartment suspected of drug activity. No activity observed. (10) Assisted Patrol Officer with an unsecured house in The Cove Subdivision. I had the following drug buyslinvestigations outside of the city limits: (1) Conducted synthetic marijuana compliance checks on stores along Hwy 17. (2) Arrested a subject in Pier Station who was wanted for selling crack cocaine in the City, for Possession of Crack Cocaine. I also arrested his girlfriend for Possession of Less Than 20 Grams of Marijuana. (3) Conducted a "Knock and Talk" investigation in the Hickory Knolls subdivision, north of the City, in reference to possible drug activity. (4) "Knock and Talk" investigation on Stauffer Road which led to an arrest for possession of Clonazepam (0.7 grams) and one for drug paraphernalia. I assisted my partner with the following buyslinvestigations outside of the city: (1) Executed search warrant in Eagle Harbor for the sale of Marijuana. I also did the following things this month: (1) Attempted Knock and Talks on homes mentioned in Narcotic Intel reports. (2) Assisted the General Investigations and Street Crimes Units with operation in Jacksonville. (3) Assisted fellow detectives with a buy-walk of M.D.M.A. / "Molly" in the Fleming Island area. (4) Assisted in the execution of search warrants on 2 associated apartments in the north end of the county. I made 1 arrest in these warrants (possession of 88 grams of marijuana). It should be noted that the subjects arrested are former residents of Green Cove Springs and they still have strong ties to the City. (5) I worked 1 day in patrol. On this date I conducted traffic stops, issued traffic citations and written warnings, conducted property checks and assisted in a battery investigation. (6) Assisted the other Task Force Detectives in the seizure of 3 illegal slot machines (2 from within the City limits) with the seizure of illegal slot machine and cash. (7) Assisted fellow Detective with interviewing Confidential Source in Jacksonville. (8) Completed training with the Sheriff's Office which included C.P.R. (refresher course) and Combat First Aid. (9) Conducted interview with inmate at the County Jail. (10) Attended critical incident training in Baker County, which was hosted by the Florida Narcotic Officers' Association. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 8

283 SIGNIFICANT DETECTIVE ACTIVITY Detective Perry: Significant Cases and Arrest: (1) I am continuing to work burglaries, sex offense cases, fraud cases and completed a robbery investigation. (2) I am working on leads into a missing person case from (3) Detective Acres and I worked on an illegal dumping case within Magnolia Point and conducted surveillance throughout the month. This case was closed with a subject being apprehended and issued a citation for littering. Other Significant Accomplishments: (1) I issued 5 intelligence/information bulletins for patrol through DMS which included the prison releases. (2) I attended Forensic training at the Florida Department of Law Enforcement Center. (3) Nine days out of the month were spent working on the Freedom 8K Marathon and RiverFest for Memorial Day. (4) I attended and participated in the "Walk the Extra Mile" in the City for child sexual assault awareness. (5) I completed the mandatory firearms qualifications for the year. (6) As an Awards Committee Member, I have been reviewing personnel files with Sergeant Asdot, Detective Acres, and Officer Checo for future awards. Detective Acres: Significant Cases and Arrests: (1) Case# , Still awaiting final Medical Examiners Report (awaiting toxicology results. (2) Detective Perry and I worked on an illegal dumping case within Magnolia Point and conducted surveillance throughout the month. This case was closed with a subject being apprehended and issued a citation for littering. (3) I have worked 2 suicide cases this month, and (4) I am currently working a Child Sex Abuse case, A CPT interview has been done and I will be scheduling an interview with the suspect. (5) I also have a grand theft case, , in which the suspect has agreed to take a polygraph test, which will be scheduled as soon as Officer Matherson is available to do so. (6) I completed the investigation into an allegation that 2 City Employees had stolen items from a home under construction, Case# This case was unfounded as no crime had taken place. Significant Accomplishments: (1) I attended the monthly Camp Cadet meeting at the Orange Park Police Department. (2) I attended Forensic Training at the Florida Department of Law Enforcement Center in Jacksonville. (3) I attended firearms qualification at the Lawtey Pistol Range. (4) I have been reviewing personnel files with Sergeant Asdot, Detective Perry, and Officer Checo as a member of the Awards Committee. (5) I served on the Oral Interview Board with Lieutenant Jett and Officer Wilson interviewing potential candidates for the Police Officer position. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 9

284 EXECUTIVE SUMMARY GREEN COVE SPRINGS POLICE DEPARTMENT CHIEF ROBERT A. MUSCO During the month of May 2013, Officers of the Green Cove Springs Police Department handled 562 citizen's calls for police service. Overall, Officers responded to and handled 1,879 police related service or enforcement calls, including traffic and self-initiated activity. As a result of these activities, there were 29 arrests affected, 96 Uniform Traffic Citations, and 130 Traffic Warnings issued. Additionally, Officers responded to 249 back-up calls, conducted 496 building security checks, and provided 1,343 extra patrols throughout the City. Response times for calls for service were as follows: Priority 1 = 03:00, Priority.2 = 03:43, Priority J = 03:29. Additionally, the Communications Section received and answered 139 telephone calls to our 911 emergency lines and 2,554 telephone calls to our standard telephone lines. Officers continue to proactively address "Quality of Life" issues throughout the City by providing quality police services for our community. Over the past month, your police officers addressed the following issues in their continued efforts to provide security and safety for our community: Sergeant Buchanan: Traffic Selective: No specific location listed; resulting in 1 Traffic Warning being issued. Pop Project: (1) Extra security for NASA shuttle main fuel tank. Lots of property checks were conducted in the area. (2) Officer Kennison.and I completed a yearly department schedule in which Supervisors have access for documenting changes in shift coverage and scheduling training. It is created in Google Calendar and every member of the agency can access it for viewing. (3) I created a new inspection form which will be completed monthly. It includes a vehicle inspection, all duty weapons, and Taser devices. It is to be attached as part of each Officer's monthly report. (4) I completed an update of the Department's Taser records and inventory which includes the training done at the range this year for each officer. (5) I updated the inventory of the armory as a follow-up to our yearly qualifications at the range. (6) I submitted firearms recertification records for Anna to enter in ATMS. (7) I conducted quarterly Taser downloads and inspections. Problem Solving: (1) I conducted daily records reviews. (2) I made contact with Karbon Arms to send instructor packets so we can begin training Officers for the use of the MPID. (3) Sergeant Asdot and I reviewed the Hurricane Preparedness policy as part of our assigned responsibilities. (4) While searching for a mentally deficient subject who walked into a local business dressed in camouflage, Sergeant Asdot and I discovered a shack in the woods just north of the Elks Lodge on City property. (5) 05/19/13, I held over to assist with storm damage, power lines down, answering phones. (6) I completed a training review for conducting the daily records review and case management duties. Community Involvement: (1) 05/8/13, Meeting with Lieutenant Hodges, CCSO, in reference to the escort detail for the Vietnam Memorial Wall. (2) 05/9/13, The Vietnam Memorial Wall Escort was executed with great success. Approximately 300 motorcycles in all were escorted from st. Augustine to the Green Cove Springs Jr. High School. (3) , I attended the Augusta Savage Board Meeting. (4) , I met at Vera Francis Hall Park and helped pick it as the location for the Clay County School Board summer lunch program for the children in the area. (5) , attempted to locate Explorers for parking detail during RiverFest. (6) , I visited Ivey League Academy for Community Helper's Day and spoke Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training

285 to the students about Police Officers and the job we do. We discussed the use of 911 for emergencies and I answered any questions regarding my job and the equipment I use for work. (7) , I conducted a safety sweep of all manhole covers and sewer drains along the route of Freedom 8k Marathon. Each cover was discretely marked so we could tell at a glance if the drainage system has been tampered with along the race route. There were 60 manhole covers in all which had to be removed and marked. (8) , Detective Perry and I were Incident Commanders for the RiverFest and Freedom 8k Marathon events held in Spring Park. The events ran smoothly without any problems. Other Significant Accomplishments: (1) 05/01/13, I attended the groundbreaking ceremony for the new Police Department. (2) 05/14/13, I attended CPR recertification. (3) 05/06/13, my shift assisted with perimeter coverage during a search warrant at the V&J store. (4) I am in the process of picking dates for a 1-day class in buddy rescue techniques for Patrol Officers. (5) Helped capture Edward Tyrone Bellamy in reference to a felony battery. (6) While investigating the theft of a firearm, I stumbled upon a stolen golf cart from Magnolia Point which had not been reported stolen yet because they were unaware that it was missing. I have interviewed suspects and developed probable cause for arrest warrants on the subjects involved. (7) OS/22/13 and OS/23/13, I attended the Glock Armorer School in Cocoa Beach where I obtained certification as a Glock Armorer. (8) We were several weeks without computers during the month of May and had to resort to handwriting all documents. Officer Luedtke: Traffic Selective: Performed traffic selective 5 times at 4 locations: Walnut Street at Oakridge Avenue, Walburg Street at Pine Street, 422 South Orange Avenue and Vermont Street at Green Cove Avenue; resulting in 5 Uniform Traffic Citations and 8 Traffic Warnings being issued. Pop Project: (1) During a storm, the entire City was without power. I assisted dispatch in answering the phones due to being inundated with calls from citizens. There were several trees and power lines down throughout the City. Problem Solving: (1) Provided Detective Guzman with information regarding a house in the 600 block of North Pine Street that has a lot of foot traffic and suspected drug activity. (2) During a neighborhood canvass of a burglary investigation, I spoke with a neighbor who has surveillance video. I was able to obtain a description of the suspects. (3) I investigated a Felony Battery by strangulation. The suspect was placed under arrest within 2 hours of the victim reporting the incident. (4) I spent several hours locating a mentally unstable individual who was walking through the City with an axe. He did not make any threats to any citizens. The subject was located and Baker Acted without incident. (5) Continue to conduct property checks on a NASA Fuel Cell. Community Involvement: (1) I continue to prepare for the 3 rd Annual Camp Cadet. This is the last month before the camp. (2) I assisted in the Memorial Day festivities after completing a full 12 hour work shift. (3) I continue to visit an 86 year old local citizen and go to lunch with her. She states she enjoys my company. Other Significant Accomplishments: (1) I am currently enrolled fulltime at Columbia College. (2) I have had to perform Crossing Guard duties during each shift since the crossing guard resigned. (3) I am assisting Officer Kennison with revamping the FTO Program. (4) I assisted with a search warrant where I was assigned to the perimeter until the situation was under control. (5) I assisted in the Traveling Vietnam Memorial Wall as it came into the City. Serving with S.P.I.R.I.T. Safety, Profess ionalism, Integrity, Respect, Innovation, Training 2

286 Officer Kelso: Traffic Selective: Performed traffic selective 6 times at 3 locations: 900 Block of Leonard C. Taylor Parkway, 422 South Orange Avenue and numerous locations while running moving radar; resulting in 15 Uniform Traffic Citations and 10 Traffic Warnings issued. Pop Project: (1) I had Communications Officer Acres add the business Reynolds Park Yacht Center to the CAD system. The business is located at 1063 Bulkhead Road. (2) I returned several street signs to Public Works that had fallen off due to recent storms. (3) We had several bad storms throughout the month leaving the City without power and knocking trees down. I assisted with cleaning up fallen trees and conducting traffic assignments so that the Electric Department could get power back up for the City. (4) I was asked by Public Works if I could take the boat to the City Pier and pull old pylons up that were a safety hazard and needed to be removed. I assisted them by removing the pylons from the Pier. Problem Solving: (1) I assisted the Clay County Sheriff's Office in locating a stolen bicycle in the City. (2) I continue to pass along information to Detective Guzman about drug activity. Several arrests have been made on the information provided to him. (3) Sergeant Buchanan, Sergeant Asdot, and I located a structure being built in the 600 block of South Orange Avenue on the east side of the road by the water. The structure is being built on City property and it is a wetland area. We photographed the area and have checked it several times in an attempt to locate who is building it. We will continue to investigate until we find the person or people involved. (4) I conducted property checks on Reynolds Boulevard throughout the month in reference to the space shuttle fuel cell that is temporarily stored there. (5) I assisted Officer Luedtke with the recovery of a stolen television after the suspect told Officer Luedtke where it was located. Community Involvement: (1) I attended the ground breaking ceremony for the new Police Department. (2) I worked the Memorial Day event. I was on the water in the boat coordinating with the fireworks barge. I was also out there to provide assistance keeping boaters safe by making sure they were far enough away from the barge and conducting checks to make sure all boats had proper lights and equipment. (3) This month I assisted in the school zones and provided crossing guard duties for children as they made their way to and from school. It is a good way to get to know the children in the area and have interaction with them. Other Significant Accomplishments: (1) I continue to update the Supervisors' Log on a daily basis for our shift which keeps other shifts updated on our activity for the day. (2) I provided Detective Guzman information about a subject that was selling prescription pills. Detective Guzman was able to obtain a warrant for the subject for sale and delivery of a scheduled narcotic based on the information I provided. Sergeant Hess: Traffic Selective: Performed traffic selective 4 times at 2 different locations: 900 Block of Leonard C. Taylor Parkway and Orange Avenue at Oak Street; resulting in 2 Uniform Traffic Citations and 4 Traffic Warnings being issued. Pop Project: (1) My team and I assisted the Electric Department and Public Works with keeping the roads free from debris and tree limbs during the recent storms. (2) I manually operated the traffic control light at the intersection of Harbor Road and Orange Avenue after the Concert on the Green in Magnolia Point. By doing this, I was able to keep traffic moving smoothly and provided a timely exit for those citizens leaving the event. (3) I manually operated the traffic control light at the intersection of Harbor Road and Orange Avenue after the Memorial Day celebration in Spring Park. By doing this, I was able to keep traffic moving Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 3

287 smoothly and provided a timely exit for those citizens leaving the event. (4) I removed the Police Department Message Board trailer from the median after the special event took place. Problem Solving: (1) I performed extra property checks at Magnolia Layne Shopping Center reference to graffiti painted on the south side and rear of the Harvey's building. (2) I provided Narcotics Officers with updated information on a local business owner who is allegedly selling narcotics from his business. (3) I conducted property checks on Reynolds Boulevard throughout the month in reference to the space shuttle fuel cell that was being stored there. (4) I assisted Dispatch in answering the phones due to high call volume from citizens in reference to the storms. There were several trees and power lines down throughout the City. (5) I conducted extra patrols in Spring Park due to the Parade of Flags in an attempt to deter vandalism. Community Involvement: (1) Interacted and spoke with residents and attendees at the Concert on the Green held in Magnolia Point. Officer Checo and I worked the event and no notable problems occurred during the event. We were thanked by numerous families for the services the Police Department and City provide for them and the community. (2) Officer Chaney, Officer Toon, and I assisted an elderly resident whose motorized wheelchair's battery died while he was attempting to get home. I retrieved the Police Department's truck and transported him and the wheelchair to his residence. He was extremely grateful for our assistance. Other Significant Accomplishments: (1) I checked multiple Officer's reports and booking affidavits throughout the month. (2) I prepared the Police Department's Executive Summary for April. (3) I reviewed and signed off on numerous documents and memos in the DMS system. (4) I completed several hours of mandatory training on the Florida Department of Law Enforcement's website. (5) Sergeant Buchanan and I traveled to Cocoa Beach, Florida and attended the Glock Armorer's course. We both successfully completed the course and renewed our armorer's certificates for 3 years. (6) I assisted the Clay County Sheriff's Office with an Aggravated Assault call in St. Johns Landing. We were advised a resident was armed with a shotgun and had threatened to shoot several other residents. Once on scene, the suspect exited his apartment armed with a shotgun. We were able to safely disarm the suspect and take possession of the weapon. The weapon was a 12 gauge pump shotgun that was fully loaded and the suspect was intoxicated. The weapon was seized and the suspect was arrested. (7) I attended the CPR recertification course held at City Hall on May 16. Officer Robinson: Traffic Selective: Performed traffic selective 1 time at 1 location: Walnut Street at Oakridge Avenue; resulting in 2 Uniform Traffic Citations issued. Pop Project: (1) I conducted property checks on Reynolds Boulevard throughout the month in reference to the space shuttle fuel cell that was being stored there. Problem Solving: (1) I conducted extra patrols of Spring Park due to the Parade of Flags in an attempt to deter vandalism to the flags. Community Involvement: (1) 05/06/13 - I conducted interviews for Camp Cadet applicants in Nassau County. (2) 05/13/13 - I conducted a Board Meeting for Northeast Florida Camp Cadet at the Orange Park Police Department. (3) 05/14/13 - I attended the Neighborhood Watch Meeting at Cousin's Cafe. (4) OS/21/13 - I attended the Clay Awards Breakfast at the Thrasher Horne Center. (5) OS/22/13 - I attended the Clay County Chamber of Commerce Roundtable Breakfast Meeting at the Eagle Harbor Golf Club. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 4

288 Other Significant Accomplishments: (1) 05/16/13 - I attended CPR training at City Hall. (2) 05/18/13 - I assisted Dispatcher Hogan with answering phones for several hours due to the fact the storm caused the entire City to lose electricity and the phones were ringing continuously. (3) OS/21/13 - I accepted an award at the Clay Awards Breakfast on behalf of the Northeast Florida Camp Cadet for the "Best New Organization in Clay County". The Northeast Florida Camp Cadet received $2,500 to be used for next year's camp. (4) OS/28/13 - I attended the Charles E. Bennett Volunteer Appreciation Breakfast. (5) I continue to conduct work with various law enforcement agencies in an effort to have continued participation and support for Camp Cadet to be held the week of June 16, 2013 at North Fork Leadership Camp. (6) I am in the process of planning this year's annual Teen Summit. Officer Checo: Traffic Selective: Performed traffic selective 5 times at 4 different locations: 611 South Oakridge Avenue, 923 Leonard C. Taylor Parkway, North Orange Avenue at Park Street and Governor Street at North Orange Avenue; resulting in 3 Uniform Traffic Citations and 10 warnings issued. Pop Project: (1) Due to the recent storms and power outages, I have assisted the Electric Department by conducting traffic assignments and helping remove tree limbs from the streets. (2) I conducted property checks on Reynolds Boulevard throughout the month in reference to the space shuttle fuel cell that was being stored there. Problem Solving: (1) I have been conducting extra patrols in the area of 1149 Idlewild Avenue due to recent arguments and fights between two groups of people. Since the extra patrols have begun, the amount of received calls has decreased in the area. (2) I conducted extra patrols of Spring Park due to the Parade of Flags in an attempt to deter vandalism. Community Involvement: (1) On OS/26/13, I volunteered along with Sergeant Hess to assist with the Concert on the Green at Magnolia Point. (2) On OS/27/13, I volunteered to work the Freedom 8k Marathon. One of my assignments was to walk the entire run route with the Naval Air Station Military Police along with the K-9 dogs. Other Significant Accomplishments: (1) On 05/5/13 while conducting my routine patrols around the City, I noticed an open door of a vehicle at 1315 Forbes Street. Once I completed a search around the vehicle and the residence and determined there was no one in the area, I made contact with, the residents inside the home. I advised the female resident I spoke with that the door to their vehicle was ajar and that there was an envelope sitting on top of a box. She immediately checked the vehicle and was very happy of the service the Police Department provided. She advised me that the envelope contained over $3, dollars that belonged to the Boy Scouts Camp that her son was in. She informed me all the money was there and everything else with it. (2) I attend CPR training at City Hall. Sergeant Asdot: Acting Lieutenant - eff. April 25, Officer Wilson: Traffic Selective: Performed traffic selective 12 times at 6 different locations: South Orange Avenue at Oak Street, Oakridge Avenue at Idlewild Avenue, 400 block of North Orange Avenue, North Orange Avenue at Governor Street, Idlewild Avenue at West Street and the 300 Block of South Palmetto Avenue; resulting in 34 Uniform Traffic Citations and 39 Traffic Warnings issued. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 5

289 Pop Project: (1) I made contact with Public Works while conducting a property check at 1400 Martin Luther King, Jr. Blvd. I noticed there was some graffiti spray painted on the pavilion and on the rear walls of the bathrooms. I photographed, documented, and relayed the information to all personnel for extra patrol in the VFH Park. I submitted a work order to Public Works to have all of the graffiti removed. Problem Solving: (1) I was informed by some citizens about motorists speeding in the 600 Block of South Oakridge Avenue. I conducted a traffic assignment in the 600 Block of South Oakridge Avenue with these results: (1) Arrest, (4) Uniform Traffic Citations and (2) Traffic Warning citations issued. Community Involvement: (1) 05/13/13, I attended the last Camp Cadet meeting prior to the start of camp next month. (2) 05/14/13, I attended the Neighborhood Watch meeting for the citizens in the southwest part of the City. Other Significant Accomplishments: (1) 05/09/13, I helped with the execution of a search warrant at 526 North Orange Avenue. (2) I have been communicating with some of the citizens in Magnolia Point in reference to re-establishing a Neighborhood Watch in their community. Officer Kennison: Traffic Selective: Performed traffic selective 2 times at 2 locations: Walnut Street at West Street and the 600 Block of Oak Street; resulting in 6 Uniform Traffic Citations and 8 Traffic Warnings issued. Pop Project: (1) While on patrol, I observed that a street sign fell off a sign post on Palmetto Avenue. I sent a problem report to Public Works to have the problem corrected. Problem Solving: (1) I assisted on a Search Warrant for 3 local businesses for dealing in stolen property. Community Involvement: (1) I assisted a local Girl Scout Troop making pinewood derby cars for a race. (2) I attended a Neighborhood Watch meeting in Magnolia Point in an effort to start up a watch group in this area of the City. (3) I attended the Grand Opening for the new Council on Aging building on Walnut Street. I assisted with parking before and during the event. (4) I assisted with traffic during the Vietnam Traveling Memorial Wall Ceremony. (5) I assisted with the Memorial Day RiverFest. Other Significant Accomplishments: (1) I am working on starting up a weight loss challenge throughout the City with Sergeant Asdot. I believe this will benefit not only the employees participating, but also the City. (2) I am working on finishing the draft of an Administrative Order outlining the Red Light Camera Operation. (3) I am working on drafting a Career Officer Program that will benefit the City and allow Officers to set short term and long term goals. (4) I am working on a complete reorganization of the FTO program. This program will be updated and procedures put in place that will allow better documentation of probationary employees and give training Officers a platform to which they can efficiently train, evaluate and communicate with administrators regarding the training of new employees. (5) I am working with other Department members in organizing an annual Policeman's Ball for the department. This will be held to recognize the achievements by Officers throughout the year. (6) I created network calendars for various areas of the Department in an effort to expedite information to multiple Department members. (7) 1 showed a criminal justice student the job, duties and assignments of a Police Officer in the City of Green Cove Springs. The student completed a ride-a-iong with me for 6 hours. I was able to answer several questions for the student and give him a good idea of what modern policing entails. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 6

290 Sergeant Whiddon: Traffic Selective: None. Pop Project: Conducted maintenance checks of the emergency generators we use to power the traffic signals during power outages. Problem Solving: None. Community Involvement: Attended the County's annual Spring Junior High School Football Jamboree where 8 local high school student/athletes received $1, scholarships from the Wes Whiddon Scholarship Foundation. To date, we have awarded 25 scholarships. Other Significant Accomplishments: (1) Completed CPR training. (2) Conducted vehicle inspections. (3) Conducted Taser inspections. (4) Reviewed numerous incident, arrest and traffic crash reports throughout the month. Officer Toon: Traffic Selective: Performed traffic selective 7 times at 3 locations: 1400 South Orange Avenue, 900 Block of Leonard C. Taylor Parkway and the 600 block of Martin Luther King, Jr. Blvd.; resulting in 21 Uniform Traffic Citations and 36 Traffic Warnings issued. Pop Project: (1) I received several traffic complaints in May on Leonard C. Taylor Parkway in reference to speeders. During the month of May, I wrote 11 Uniform Traffic Citations and made 2 arrests. Problem Solving: (1) During most of the month, the server was down at the Police Department and we did not have working computers in the cars. During the month we had to handwrite a lot of documents that normally could have been done on the computer. Community Involvement: (1) During the month of May, I donated blood at the Florida Georgia Blood Alliance. I plan on donating blood every 56 days. Other Significant: (1) This month at S.W.A.T training we participated in an active shooter scenario at the Orange Park Mall. (2) I am still continuing to pursue my Bachelors degree in Homeland Security at American Military University. Officer Chaney: Traffic Selective: Performed traffic selective 1 time at 1 location: Idlewild Avenue; resulting in 7 Uniform Traffic Citations and 14 Traffic Warnings issued. Pop Project: (1) I have spoken with residents of 2 homes on South West Street in reference to visitors parking on the street. Residents initially stated their visitors usually do not park on the street. Multiple times during the month, I observed the same residents with multiple vehicles parked on the street. I spoke with them again and have not seen this incident continue. (2) The Police Department has responded to 1149 Idlewild Avenue in reference to an ongoing civil issue over a tenant disagreement. After taking time to speak with residents, I informed the residents of the amount of calls we had responded to and how the situation had not changed. I gave the residents options that had been given several times during the calls for service and then informed them of the abuse of emergency services. The subjects made a verbal agreement in my presence and I have confirmed there have been no further calls at this time. Problem Solving: Since the Grand Opening of the Council on Aging, I have been completing my paperwork on property so that I can perform extra security checks for the vehicles and the new building. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, innovation, Training 7

291 Community Involvement: (1) I attended the Memorial Day RiverFest Celebration. (2) A young man whom I have had multiple contacts with in my 6 years, made contact with me at the Police Department. The young man advised me he had gotten a job and was working to take care of his newborn child. Other Significant: (1) I have been working on my DUI process to make sure that I am proficient in the process. I have also been keeping contact with Nathan Ross at the State Attorney's Office for assistance in this process. Part time Officer O'Daniel: Traffic Selective: Performed traffic selective 1 time at 1 location: Orange Avenue; resulting in 1 Uniform Traffic Citation issued. Community Involvement: (1) I went to the Clay County Sheriffs Office Police Memorial Service. (2) I attended the Clay County Traffic Safety Meeting at City Hall. (3) I attended the ground breaking ceremony for the new Police Department. (4) I worked the Memorial Day RiverFest. Other Significant Accomplishments: (1) I reviewed 948 red Light Violations. (2) I put 2 evidence packets together totaling 74 for Traffic Court. (3) I attended 2 Red Light Traffic Court dates on May, 3 and May, 31. (4) Assisted with the installation and set up of the 3 new computer servers in the computer room. (5) Assisted in transitioning the entire computer system over to the new server after it was up and running. (6) I put the message board out for the Click It or Ticket campaign. (7) I provided traffic control for Clay County Signal Maintenance while they removed and installed new Traffic Cabinets at Orange Avenue and Harbor Road, Orange Avenue,and Gum Street and Orange Avenue at Walnut Street. Part time Officer Faro Traffic Selective: None. Other Significant Accomplishments: (1) Viewed 531 Red Light violations. (2) Attended Red Light Traffic Court. (3) Performed PMS on Generators, Golf Carts, Spare Patrol Cars, Command Post, etc. (5.5 hours) (4) Answered many questions on Red Light violations to citizens and violators. (5) Training on DMS. (2.5 hours) (6) Volunteered to work RiverFest on Memorial Day. (7) Attended 16-hour class on Enhanced Pistol and Rifle Tactics. (8) Assisted Patrol to fill in for shortages. (9) Assisted with Vehicle Maintenance. SIGNIFICANT OFFICER ACTIVITY D.E.A. TASK FORCE Officer Graham: Significant Accomplishments: (1) Participated in a warrant sweep involving several street level narcotics dealers in st. Johns County. (2) Purchased a large quantity of Heroin from a street level dealer and currently working up the ladder to identify large scale Heroin traffickers. (3) I worked in an undercover capacity to purchase Steroids in support of a much larger case in and around our area. Serving with S.P.I.R.I.T. Safety, Professionalism, Integrity, Respect, Innovation, Training 8