columbia county board of county commissioners post … · attached you will find budget amendment...

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS POST OFFICE BOX 1529

LAKE CITY, FLORIDA 32056-1529

CONSENT AGENDA

DECEMBER 15, 2011

7:00 P.M.

(1) External Budget Amendment - Sheriff's Office - #3 - BA #12-18 -Subsistence Costs Generated at the Detention Center - November 2011 - $5,051.00

(2) External Budget Amendment - SCOP Funds for Falling Creek Road Project - BA# 12-17 - $1,465,800.00

(3) Columbia County Fire/Rescue - Refund Request - WPS Tricare for Life -$55.85

(4) Emergency M_anagement - Approval of the 2011 Homeland Security Grant Program

(5) Human Resource - Restatement of 457(b) Deferred Compensation Plan -Hartford - Due to Recent Legislative Changes

(6) Re-Appointment - Board of Adjustment/Planning and Zoning Board -Teena Ruffo and Matt Vann - New Terms Will Expire January 1, 2015

(7) County Extension - Requesting Transfer of Dell Computer County ID #13251 - HP Laser Jet Printer County ID #11564 - Public Library

(8) Public Works - Wash Rack Operator Vacancy - Requesting Permission to Fill Position

(9) Agreement - Florida Gateway College/Columbia County Fire/Rescue -Memorandum of Agreement - Clinical Education for New EMT/Paramedics

(10) Senior Staff Assistant - Requesting Authorizing for County Manager 4 Senior Staff Assistant - Offer to Purchase Real Estate for NSP-3 Program - $100,000.00

(11) Public Works - Requesting Permission to Reorganize Tree Crew

(12) Maintenance Department - Update Maintenance. Technician III Position

(13) Division of Emergency Management - FEMA Reimbursement Request -$499 I 099•51

(14) Minute Approval - Board of County Commissioners - Special Meeting -November 22, 2011

(15) Minute Approval - Board of County Commissioners - Scheduled Tri-County Meeting - November 29, 2011

(16) Minute Approval - Board of County Commissioners - Regular Meeting -November 3, 2011

I BOARD OF COUNTY COMMISSIONERS e COLUMBIA COUNTY

AGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 7:00 p.m. in the Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, Lake City, Florida 32055. All agenda items are due in the Board's office one week prior to the meeting date.

Today's Date: _ 12_1_5_11_1 _____ Meeting Date: _ 1_2_11_5_1_1_1 ______

Sheriff's Office Name: __________ Department:-----------To record subsistence costs generated at the detention

1. Nature and purpose of agenda item:----------------------center for the month of November, 2011.

Attach any correspondence information, documents and forms for action i.e., contract agreements, quotes, memorandums, etc.

2. Fiscal impact on current budget.

Is this a budgeted item? [ ] N/A

[ ] Yes Account No. -------------

[ X] No Please list the proposed budget amendment to fund this request

Budget Amendment Number:_B_A_12_-_1_s_

FROM TO AMOUNT

Account: 001. 0000.369.9000 Account: 001.2340.521.3052 $ 5,051

For Use of County Manger Only:

[ X ] Consent Item [ ] Discussion Item

Sheriff Mark Hunter COLUMBIA COUNTY SHERIFF'S OFFICE

4917 US Hwy. 90 East• Lake City, Florida 32055-6288 www.columbiasheriff.com

December 2, 2011

Honorable Jody Dupree, Chairman Board of County Commissioners P.O. Drawer 1529 Lake City, FL 32056

Dear Mr. Dupree,

Attached you will find Budget Amendment #3 for fiscal year 2011-2012 in the amount of $5,051.14 (checks attached) which represents payment of subsistence costs, medical cost reimbursements and booking fees generated at the Detention Facility for the period of November 2011. The prisoner subsistence costs were collected under Florida Statutes 951.033.

As approved by the Board, this will be placed in the appropriate line items to offset some Prisoner costs within the Detention Facility.

Your full consideration to this request will be greatly appreciated.

Sincerely,

1rJJ~ Mark Hunter Sheriff, Columbia County

cc: Dale Williams, County Coordinator Accounting Department

Administration: (386) 752-9212 • Fort White Substation: (386) 497-3797 • Jail: (386) 755-7000

BOARD OF COUNTY COMMISSIONERS e COLUMBIA COUNTY



Today's Date: _ 12_1_1_11_1 _____ Meeting Date: _ 1_2_11_5_1_1_1 ______

FinanceName: Ben Scott Department:-----------To record SCOP funding for Falling Creek Road project.

1. Nature and purpose of agenda item:----------------------



Is this a budgeted item? ] N/A

] Yes Account No. -------------

[ X ] No Please list the proposed budget amendment to fund this request

Budget Amendment Number:_B_A_12_-_1_7_

FROM TO AMOUNT

Account: 303. 0000.334.4350 Account: 303.8071.541.6063 $1,465.800 Falling Creek SCOP Grant Falling Creek Road


[ ] Consent Item [ ] Discussion Item

COLUMBIA COUNTY FIRE/ RESCUE EMS Operations P.O. Box 2949

Lake City, FL 32056 Phone(386)758-3907 Fax(386)719-7498

Jeffery Crawford Division Chief

Memo Date: November 23, 2011

To: Lisa Robats

RE: Refund Request

Due to an error in processing on behalf of WPS Tri.care for Life, an overpayment has occurred on the account below. Please issue a check in the amount of $55.85 made payable to:

WPS 1RICARE FOR LIFE PO BOX 7928 MADISON, WI 53707-7928

Patient Date of service Amount Mary Gwin 05/16/2011 $55.85

1 of I




Today's Date:l)fccrobe.c 8oU Meeting Date: 1>et.eMr>c:r: 15. Q QU\ 1 j

Name: ~,~oe Maese."' Department: EmeR3ENc.y Monc,emem-

1. Nature and purpose of agenda item: .A:::11p..., ....m~v...0e...\__.o.&.1C1....-_~..1..1.a-.......1~.c....:O~lu.l~t-\>'be-~L.L..:l,=~Wllol..l-----

~C.~ G,mo:\ c:?~rc.m, (SHSc,P)




[ ] Yes Account No. -------------

( ] No Please list the proposed budget amendment to fund this request

Budget Amendment Number: ________

FROM TO AMOUNT

$_____Account:---------- Account:----------



COLUMBIA COUNTY EMERGENCY MANAGEMENT P.O. Box 1787, Lake City, FL 32056-1787

Telephone (386) 758-1125 or (386) 758-1126 • Fax (386) 752-9644 EOC Hotline Number (386) 719-7530

www.columbiacountyem.com

To: Dale Williams, County Manager

Fr: Shayne Morgan, Emergency Management Director~

Dt: December I, 2011

Re: State Homeland Security Grant (SHSGP) Grant

Please find attached a copy of the 2011 Homeland Security Grant Program (SHSGP) grant. It is for the amount of $20,000 and expires on April 30, 2014. This money is for use on the exercise programs ($15,000) as well as county specific training ($5,000).

I ask that this grant be placed on the December 15, 2011 Board of County Commissioners agenda for their approval. Once I have received the signed copy from the Board Chair I will forward the grant to Tallahassee for final execution.

Should you have any questions please give me a call at the office (386) 758-1383.

STATE•OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT RICKSCOTI BRYAN W. KOON Governor Director

November 18, 2011

SUBGRANTEE: Columbia County

ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION · 7 Exercise Program (Functional) $15,000.00

7 Training (County Specific Training) $5,000.00

GRANT PERIOD: October 1, 2011 - April 30, 2014 AWARD TOTAL: $20,000.00

FED~RAL GRANT NO: 2011-SS-00067 STATE GRANT NO: Provided Upon Execution

In accordance with the provisions of Federal Fiscal Year 2011 Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Subgrantee a grant in the amount shown above.

Pavment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to the Florida Division of EmergencyManagement before execution of your agreement. The subgrantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.).

Supplantatlon: The Act requires that subgrantees provide assurance that subgrant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities.

Conditions: I certify that I understand and agree that funds wlll only be expended for those projects outlined In the funding amounts as lndlvldually llsted above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there

FLOR ID A RECOVERY OFFICE • DIV 111 0 N HEADQUARTER I • STATE LOOIITICI RESPONSE CENTER 5900 Lake Ellanor Drive 2555 Shumard Oak Boulevard 2702 Dlractor1 Row Orlando, FL 32809-4834 Tallahaeaaa, FL 32399-2100 Orlando, FL 32809-5831

Tai: 850-413-9989 • Fu: 850-488·1o18 www.Florld1Pt111ter org

has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a thirty month (30) period.

SPECIAL CONDITIONS

Artlcle I - Flnanclal Guldellnes

1 . The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to OHS grants are listed below:

A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and

Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and

Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (0MB Circular A-110)

3. 44 CFR Part 10, Environmental Considerations

B. Cost PrineIpies1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal

Governments (0MB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (0MB Circular

A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (0MB

Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with

Commercial Organizations

C.Audlt Requirements 1. 0MB Circular A-133, Audits of States, Local Governments, and Non-Profit

Organizations

Artlcle II - Prohibition on Using Federal Funds

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA.

Artlcle Ill - Compllance with Program Guidance

The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit.

Artlcle IV - Flnanclal Reports (FDEM Form 1 & 2) Required Quarterly

The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are delinquent. The Close-Out Report (FDEM Form 5) is due within sixty (60) days after the end date of the performance period.

Article V - Acceptance of Post Award Changes

In the event that FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.

Artlcle VI - Trafficking In Persons

A. Provision applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not:

a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

b. Procure a commercial sex act during the period of time that the award is in effect; or

c. Use forced labor in the performance of the award or subawards under the award.

2. We, as the State awarding agency, may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:

a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or

b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

Associated with performance under this award; or ii Imputed to you or the subrecipient using the standards and due

process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, ·oMB

Guidelines to Agencies on Govemmentwide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 3000.

B. Provisions applicable to a recipient other than a private entity. We as the Federal warding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:

1. Is determined to have violated a prohibition in paragraph A.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due

process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, ·oMB Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 3000.

C. Provision applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term.

2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act

of 2000 (TVPA), as amended {22 U.S.C. 7104(9)), and b. Is in addition to all other remedies for noncomplicance that are

available to us under this award.

3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity.

D. Definitions. For purposes of this award term:

1. ·Employee" means either: a. An individual employed by you or a subrecipient who is engaged in

the performance of the project or program under this award; or b. Another person engaged in the performance of the project or

program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are

contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coeJcion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. "Private entity" means: a. Any entity oth~r than a State, local government, Indian Tribe, or

foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes:

i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b).

ii. A for-profit organization.

4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22U.S.C. 7102).

Article VII - Classlfled Security Condition

A. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.

B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information.

C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed.

D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the OHS ·standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbix/grants/index.shtrn

E. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions.

OHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: [email protected]

Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/lndustrial Security Program Branch Washington, D.C. 20528

Article VIII - Central Contractor Registration and Unlversal Identifier Requirements

A. Requirement for Central Contractor Registration (CCR)

Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that applicants and recipients review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.

B. Requirement for Data Universal Numbering System (DUNS) Numbers

If recipients are authorized to make subawards under this award, they:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you.

Artlcle IX - Reporting Subawards and Executive Compensation

A. Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

2. Where and when to report. a. You must report each obligating action described in paragraph a.1.

of this award term to http://www.fsrs.gov. b. For subaward information, report no later than the end of the month

following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obllgation must be reported no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions at http://www.fsrs.aov specify.

B. Reporting Total Compensation of Recipient Executives.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if-

a. the total Federal funding authorized to date under this award is $25,000 or more;

b. in the preceding fiscal year, your received-i. 80 percent or more of your annual gross revenues from Federal

procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

c. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:

a. As part of your registration profile at http://www.ccr.gov. b. By the end of the month following the month in which this award is

made, and annually thereafter.

C. Reporting of Total Compensation of Subreclpient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if-

a. In the subrecipient's preceding fiscal year, the subrecipient received-i. 80 percent or more of its annual gross revenues from Federal

procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

b. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm)

2. Where and when to report. You must report executive total compensation described in paragraph c.1. of this award term:

a. To the recipient. b. By the end of the month following the month during which you

make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31 ), you must report any required compensation information of the subrecipient by November 30 of that year.

D. Exemptions

1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:

a. Subawards, and

b. The total compensation of the five most highly compensated executives of any subrecipient.

E. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR part 25: a. A Governmental organization, which is State, local government or

Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a sub recipient under an award or

subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any other employees in management positions.

3. Subaward: a. This term means a legal instrument to provide support for the

performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.

b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to 0MB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations").

c. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

4. Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award;

and b. Is accountable to you for the use of the Federal funds provided by

the subaward.

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

a. Salary and bonus. b. Awards of stock, stock options, and stock appreciation rights. Use

the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

c. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

d. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

e. Above-market earning on deferred compensation which is not tax-qualified.

f. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

Artlcle X - Summary Description of Project

The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related to preparedness activities associated with implementing the State Homeland Security Strategy, any respective Urban Area Security Strategies, and the investments identified during the application period. The HSGP consists of the State Homeland Security Program (SHSP), the Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan Medical Response System (MMRS) program, and Operation Stonegarden (OPSG). Together, these programs provide an integrated mechanism to enhance the coordination of National Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies.

Article XI - Natlonal Envlronmental Polley Act (NEPA)

The recipient shall comply with all applicable Federal, State, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communication towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full EHP review could result in a non-compliance finding. For your convenience, here is the screening form link: (The Screening Form is available at:

(www.fema.aov/doc/government/grant/bulletins/info329 final screening memo.doc). For these types of projects, grantees must complete the FEMA EHP Screening Form (0MB Number 1660-0115/FEMA Form 024-0-01) and submit it, will all supporting documentation, to their respective FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award.

ACCEPTANCE FOR THE SUBGRANTEE:

Signature of Official Authorized to Sign Signature of State Administrative for Grantee Agency

Date Date



The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 7:00 p.m. in the Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, Lake.City, Florida 32055. All agenda items are due in the Board's office one week prior to the meeting date.

Today's Date: lc)./CJ/11 Meeting Date: l~ / fS-j /I Name: Vl,fr C-H£Le Ce..µ M. M,ir Department: rhv)\,rtrl Ref.lUeM s 1. Nature and purpose of agenda item: ~S-n:t~ *- <-f 53:: ( b) ~ ~Sahk-'RO& CJ.w.ct-ti?Y-J,J Jw. fu



Is this a budgeted item? h4/A [ ] Yes Account No. -------------

[ ] No Please list the proposed budget amendment to fund this request

Budget Amendment Number:. _______

FROM TO AMOUNT

Account:_________ Account:. _________ $_____



TIME SENSITIVE PLEASE RETURN WITHIN 30 DAYS

Subject: Important Plan Documents THE· Columbia County, FL Board of County Commissioners HARTFORD Deferred Compensation Plan Group Number-110093

Dear Plan Sponsor,

We have created the following documents for your Plan:

• Hartford Specimen 457(b) Plan Document

• 457(b) Plan Document Certification Form, located at the end of the specimen plan document

• Sample - Board Resolution

As plan sponsor, it is up to you, in consultation with your legal advisor, to determine whether the terms of these documents support your Plan and its intended operation. Please review these documents carefully. If any changes are needed to the plan documents, please contact me. Otherwise please follow the Action Steps on the next page for signing and returning your plan documents.

Please call me at 1-800-637-6444 extension 47085 if you have any questions about the enclosed documents.

Sincerely,

The Plan Management Team Retirement Plan Services

To ensure compliance with requirements imposed by the IRS, we inform you that any information contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. As with all matters of a tax or legal nature, you should consult your own tax or legal counsel for advice.

The Hartford "The Hartford" is The Hartford Firencial Services Group, Inc. anl its subsidiaries, including issuing company Retirement Plan Service CenterHartford Life Insurance Company and Hartford Securities Distribution Company, Inc. ("HSD"). 1 Griffin Road North \Vindso~CT 06144-1512 HSD (member FINRA and SIPC), a registered broker/dealer affiliate of The Hartford.has established certain SI

programs for retirement plats, including defined contribution retirement plans, through which a plan or pl111 Mailing Address: P.O. Box 1583 participant may invest in mutual fimds. Hartford. CT 06114-1583

Action Steps

We ask that you complete the following action steps:

D Print and sign two copies of the plan docwnent where indicated. Send one complete copy of the signed plan docwnent within 30 days to:

The Hartford Retirement Plan Service Center P.O. Box 1583 Hartford, CT 06144-1583.

D Retain the other plan document copy for your records.

D Complete the "457(b) Plan Docwnent Certification" form (which is located at the end of . the specimen plan docwnent), send a copy to us along with a copy of the signed Specimen

docwnent at the address above and retain a copy for your records.

' D As applicable, adopt a Board Resolution regarding the adoption of the Plan (you may use

the enclosed sample as a guide), send a copy to us at the address above and retain a copy for your records.

For more information on each of the documents, we have attached a "Plan Documents Glossary."

PLAN DOCUMENTS GLOSSARY Specimen 457(b) Plan Document - This document is a "Specimen" document that may be used by the following organizations:

• Governmental: An eligible governmental employer as defined under Code §457(e)(l)(A), that is generally a governmental entity of the United States and the District of Columbia, a political subdivision of a state (for example, a county or municipality); and any agency or instrumentality ofa state or a political subdivision of a state;

• Tax Exempt: A non-governmental employer exempt from tax under Subtitle A of the Internal Revenue Code of 1986 ("Code") as defined under Code §457(e)(l)(B); or

• Religious: A non-governmental employer exempt from tax under Subtitle A of the Internal Revenue Code of 1986 ("Code") as defined under Code §457(e)(l)(B), which is a Code §414(w) religious organization that is not a church or a qualified church organization within the meaning of Code §313 l(w)(3).

Under this Specimen document no federal, state or local government has passed on the legal sufficiency (including the conformity with Code §457). This Specimen document was prepared for your convenience and is not intended to provide you with legal or tax advice. Prior to the adoption of the Specimen document, you and your counsel should review and, where appropriate, modify the provisions to meet your particular needs and applicable local laws.

The Hartford Life Insurance Company, nor any of its affiliated companies, (collectively referred to herein as "Hartford"), assumes any liability to any person or entity with respect to the adequacy of this plan document for any purpose (including any future amendments made to this plan document including amendments to satisfy any changes in applicable law), or with respect to any tax, accounting or legal ramifications arising from its use.

This plan document has been updated to reflect all changes in the law including the Pension Protection Act of2006 (PPA), the Heroes Earnings Assistance Act of2008 (HEART, including HEART Notice 2010-15), and the Worker, Retiree, and Employer Recovery Act of2008 (WRERA), which are intended as good faith compliance with the requirements of these legislative changes and any guidance issued thereunder. The plan document includes variable provisions and was drafted based upon the provisions you selected. Please review it carefully.

457(b) Plan Document Certification form - You must return a signed copy of the certification form (which is located at the end of the specimen plan document) to The Hartford to let us know if you are keeping the existing provisions of the Specimen document or making modifications to them. If you decide to modify the Specimen document, The Hartford will need to ensure that the modifications conform to your Contract and Administrative Services Agreement with us and our recordkeeping system. Please provide a listing of modifications, if any, on the attached 457(b) Plan Document Certification and sent it to us along with a copy of your adopted plan document.

Note: If you modify the Specimen document, The Hartford will not customize the Specimen document to incorporate those modifications. You will be responsible for bringing forward any modifications to the new Specimen document and to future specimens prepared by The Hartford to the extent required by changes in the law, regulations, or other official guidance.

Sample - Board Resolution - The establishment of a plan and, in some cases, the amendment of a plan requires formal action to be taken by the person or persons authorized by an entity to do so. For example, the entity's charter or by-laws may require resolution by the Board to adopt a plan, or it may authorize the Board to delegate that authority to a committee. The rules vary by state and by organization. As a courtesy, we have enclosed a sample Board Resolution you may use for this purpose. To ensure compliance with your entity's requirements, we recommend you consult your legal adviser.

Board Resolution

ACTION BY THE BOARD OF

("Board")

OF COLUMBIA COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ("Employer")

The undenigned, ("Title"), hereby certifies that the following extract of resolutions below was taken from a duly called meeting of the Board:

RESOLVED, that the Board has previously approved and adopted the Columbia County, FL Board ofCounty Commissioners Deferred Compensation Plan ("Plan") to provide employees of the Organization/Agency with retirement benefits.

RESOLVED, that the Board does hereby declare the intention of the Organization/ Agency to continue the Plan, but reserves the right to terminate or amend the Plan at any time.

RESOLVED, that the members of the Board are hereby jointly and severally authorized to take such actions and to execute such documents as they deem necessary or desirable in order to carry out the intent of the foregoing resolutions and required under the Plan to make the Plan fully effective in accordance with its terms and intent.

I DO HEREBY CERTIFY that I am the-------------- ("Title)of the Organization/Agency, and the keeper of its records and seal.

I FURTHER CERTIFY that the above is a true, correct and complete extract of resolutions adopted at a duly called and held meeting of the Board, and that said resolutions are still in effect and have not been modified or revised and are not in conflict with the by laws of this Organization/ Agency.

IN WITNESS WHEREOF, I have set my hand and the seal of the Organization/Agency

SEAL Signature

Title

COLUMBIA COUNTY, FL BOARD OF COUNTY COMMISSIONERS DEFERRED COMPENSATION PLAN

Effective Date of This Document December 1, 2011

Neither The Hartford nor any of its employees can provide legal or tax advice in connection with the execution of this specimen document. Prior to execution of this document, you should consult with your legal or tax advisor on whether this document is appropriate for your plan.

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TABLE OF CONTENTS

PREAMBLE........................•................................................................•....................................•... 1

SECTION I DEFINITIONS ........................................................................................................ 2 1.1 Plan Definitions ...............•......................•................................................................•....2

SECTION II PARTICIPATION AND CONTRIBUTIONS .................................................... 5

2.1 Eligibilify....................................................................................................................... S 2.2 Election.......................................................................................................................... S 2.3 Commencement of Participation ................................................................................ S 2.4 Amendment of Annual Deferral Election .................................................................. S 2.5 Information Provided by the Participant .................................................................. S 2.6 Contributions Made Promptly...............................................................................•....6 2.7 Employer Contributions .................................•............................................................6 2.8 Leave of Absence.................•...........................•...........................•........•.......................6 2.9 Disabili'ty ..........................................................•...........................•................................6 2.10 Protection of Persons Who Serve in a Uniformed Service.......................................6 2.11 Corrective Measures ....................................................................................................7

SECTION Ill LIMITATIONS ON AMOUNTS DEFERRED ................................................. 8

3.1 Basic Annual Limitation .............................................................................................8 3.2 Age SO Catch-up Annual Deferral Contributions .....................................................8 3.3 Special Section 457 Catch-up Limitation......•............................................................8 3.4 Special Rules .................................................................................................................9 3.5 Correction of Excess Deferrals .........•.................................................•.....................10

SECTION IV INVESTMENT RESPONSIBILITIES ............................................................. 11

4.1 Investment of Deferred Amount ...............................................................................11 4.2 Investment Election for Future Contributions........................................................11 4.3 Investment Changes for an Existing Account Balance ...........................................11 4.4 Investment Responsibili'ty .........................................................................................11 4.S Default Investment Fund...........................................................................................11 4.6 Statements •...........................•..............................................................•.......................12

SECTION V LOANS •............................................................................................•.................... 13 S.1 No Loans .....................................................................................................................13

SECTION VI DISTRIBUTIONS .............................................................................................. 14 6.1 Distributions from the Plan .........•.......................................................•.....................14 6.2 Benefit Distributions Upon Severance from Employment .....................................14 6.3 Distributions on Account of Participant's Death ....................................................15 6.4 Distribution of Small Account Balances Without Participant's Consent .............15 6.S Forms of Distribution ..............................................•.................................................16 6.6 Minimum Distribution Requirements ......................................................................16 6.7 Payments to Minon and Incompetents....................................................................22

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6.8 Procedure When Distributee Cannot Be Located ...................................................22 6.9 Direct Rollover ................................................................................................•....•....•22 6.10. Insenice Distributions....................................................................................•..........24 6.11 Qualified Distributions for Retired Public Safety Officen....................................26

SECTION VII ROLLOVERS AND PLAN TRANSFERS ..................................................... 27

7.1 Eligible Rollover Contributions to the Plan ............................................................27 7.2 Plan-to-Plan Transfen to the Plan ..................................•...................•....•...............27 7.3 Plan-to-Plan Transfen from the Plan ..•......•............................................................28 7.4 Permissive Service Cred.it Transfen ...........•....•....•....•.............................................29

SECTION VIII BENEFICIARY ...............•....•....•....•....•....•....•....•............................................ 30 8.1 Designation ......................•........................•.........•.......................................................30

SECTION IX ADMINISTRATION AND ACCOUNTING ................................................... 31

9.1 Administrator.......................•....•....•....•......................................................................31 9.2 Administrative Costs ......•....•....•..............•.................................................................31 9.3 Paperless Administration ....•.................................••..................................................31

SECTION X AMENDMENTS .............•.....................•.............................................................. 33 10.1 Amendment ................................................................................................................33 10.2 Conformation ........•...................................................................................................•33 10.3 Plan Termination .......................................................................................................33

SECTION XI TRUST FUND .........................•........................................................................... 34 11.1 Trust Fund..................................................................................................................34

SECTION XII MISCELLANEOUS ......................................................................................... 3S 12.1 Non-Assign.ability.......................................................................................................35 12.2 Domestic Relation Orders ..............................................................•..........................35 12.3 IRS Levy .....................................................................................................................3S 12.4 Mistaken Contributions .............•............................................................................... 3S 12.5 Employment..............................................................................................................•.36 12.6 Successors and Assigns ..................................................................................•...........36 12.7 Written Notice ......................................................................................•.....................36 12.8 Total Agreement .........................................................................................................36 12.9 Gender........•.....•.........................................................................................................•36 12.10 Controlling Law .........................................................................................................36

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457(b) PLAN DOCUMENT

DEFERRED COMPENSATION PLAN

PREAMBLE

Adoption ofPlan

The Colwnbia County, FL Board of County Commissioners Deferred Compensation Plan (hereinafter "the Plan"), an eligible deferred compensation plan within the meaning of Section 457(b) of the Internal Revenue Code of 1986, as amended (hereinafter the "Code"), ofa State or local government as described in Code Section 457(e)(l)(A), adopted by Colwnbia County, Florida Board of County Commissioners (hereinafter the "Employer") effective December l, 2011.

Purpose of Plan

The primary purpose of this Plan is to permit Employees of the Employer to enter into an agreement which will provide for deferral of payment ofa portion ofhis or her current compensation until death, retirement, severance from employment, or other event, in accordance with the provisions of the Code Section 457(b), with other applicable provisions of the Code, and in accordance with the General Statutes of the State.

Status of Plan

It is intended that the Plan shall qualify as an eligible deferred compensation plan within the meaning of Code Section 457(b) sponsored by an eligible employer within the meaning of Code Section 457( e )( 1 )(A), i.e., a State, political subdivision ofa State, and agency or instrumentality ofa State or political subdivision ofa State.

Tax Consequences ofPlan

The Employer does not and cannot represent or guarantee that any particular federal or State income, payroll, or other tax consequence will occur by reason ofparticipation in this Plan. A Participant should consult with his or her own counsel or other representative regarding all tax or other consequences of participation in this Plan.

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SECTION I DEFINITIONS

1.1 Plan Definitions

For purposes of this Plan, the following words and phrases have the meaning set forth below, unless a different meaning is plainly required by the context:

An "Account Balance" means the bookkeeping account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, the earnings or loss of the Trust Fund (net ofTrust Fund expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. The Account Balance includes any account established under Section VII for rollover contributions and plan-to-plan transfers made for a Participant, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee (as defined in Code Section 414(p)(8)).

The "Administrator" means the Employer. The term Administrator includes any person or persons, committee, or organization appointed by the Employer to administer the Plan.

An "Annual Deferral" means the amount ofCompensation deferred in any calendar year.

The "Beneficiary" ofa Participant means the person or persons ( or, if none, the Participant's estate) who is entitled under the provisions of the Plan to receive a distribution in the event the Participant dies before receiving distribution ofhis or her entire interest under the Plan.

The "Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended from time to time. Reference to a Code Section includes such section and any comparable section or sections of any future legislation that amends, supplements, or supersedes such section.

The "Compensation" ofa Participant means all cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in the Employee's gross income for the calendar year, including, as applicable, compensation attributable to services as an independent contractor, plus amounts that would be cash compensation for services to the Employer includible in the Employee's gross income for the calendar year but for a compensation reduction election under Code Section 125, 132(f), 401 (k), 403(b ), or 457(b) (including an election to defer compensation under Section II).

Any payments described below made to a Participant after a Severance from Employment shall qualify as Compensation for purposes of the Plan, but only if the payments are made by the later of (a) the end ofthe calendar year in which the Severance from Employment occurred or (b) within 2 ~ months ofsuch Severance from Employment:


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(a) Payments that, absent a Severance from Employment, would have been paid to the Participant while the Participant continued in employment with the Employer, but only if such payments constitute regular compensation for services during the Participant's regular working hours, compensation for services outside the Participant's regular working hours (such as overtime or a shift differential), commissions, bonuses or other similar compensation;

Any payment that is not described above shall not be considered Compensation if it is paid after the date of the Participant's Severance from Employment, even if it is paid within 2 Y2 months of such date. Thus, for example, Compensation does not include severance pay.

For years beginning after December 31, 2008, (a) a Participant receiving a differential wage payment, as defined by Code §3401 (h)(2), by reason ofqualified military service (within the meaning of Code Section 414(u)), is treated as an Employee of the Employer making the payment and (b) the differential wage payment is treated as Compensation.

An "Employee" means each natural person who is employed by the Employer as a common law employee on a full time or part time basis and any employee in an elected or appointed position; provided, however, that the term Employee shall not include a leased employee or any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan.

Any individual who is not treated by the Employer as a common law employee of the Employer shall be excluded from Plan participation even if a court or administrative agency determines that such individual is a common law employee of the Employer, unless the Employer has included the individual in Plan participation as an independent contractor.

An "Employer" means the eligible employer (within the meaning of Code Section 457(e)(l)) that has adopted the Plan. In the case ofan eligible employer that is an agency or instrumentality of a political subdivision ofa State within the meaning of Code Section 457(e)(l)(A), the term Employer shall include any other agency or instrumentality of the same political subdivision that has adopted the Plan.

"lncludible Compensation" means, with respect to a taxable year, the Participant's compensation as defined in Code Section 415(c)(3) and the regulations thereunder, for services performed for the Employer. The amount oflncludible Compensation is determined without regard to any community property laws. ·

"Normal Retirement Age" means age 65.

A Participant's Normal Retirement Age must be the same as his or her normal retirement age under any other eligible deferred compensation plan or plans sponsored by the Employer. The designation of a Normal Retirement Age under the Plan does not compel retirement with the Employer.

The "Participant" means an individual who is currently deferring Compensation, or who has previously deferred Compensation under the Plan by salary reduction and who has not received a


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distribution ofhis or her entire benefit-under the Plan. Only individuals who perform services for the Employer as an Employee may defer Compensation under the Plan.

"Severance from Employment" means the date that the Employee dies, retires, or otherwise has a severance from employment with the Employer, as determined by the Administrator (and taking into account guidance issued under the Code). Solely for the purpose ofdetermining whether the Participant is entitled to receive a distribution ofhis or her Account Balance pursuant to Section 6.2, a Participant shall be treated as having been severed from employment during any period the Participant is performing service in the uniformed services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period of more than 30 days.

The "State" means the State that is the Employer or ofwhich the Employer is a political subdivision, and any agency, or instrumentality, including any agency or instrumentality ofa political subdivision of the State, or the State in which the Employer is located.

The "Trust Fund" means the trust fund created under and subject to a trust agreement or a custodial account or contract described in Code Section 401 (f) held on behalf of the Plan.

The "Valuation Date" means each business day.

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SECTION II PARTICIPATION AND CONTRIBUTIONS

2.1 Eligibility

Each Employee shall be eligible to participate in the Plan and defer Compensation hereunder immediately upon becoming employed by the Employer.

2.2 Election

An Employee may elect to become a Participant by executing an election to defer a portion ofhis or her Compensation (and have that amount contributed as an Annual Deferral on his or her behalf) and filing it with the Administrator. This participation election shall be made on the deferral agreement provided by the Administrator under which the Employee agrees to be bound by all the terms and conditions of the Plan. Any such election shall remain in effect until a new election is filed. The Administrator may establish a minimum deferral amount, and may change such minimums from time to time. The deferral agreement shall also include designation of investment funds and a designation ofBeneficiary.

2.3 Commencement of Participation

An Employee shall become a Participant as soon as administratively practicable following the date the Employee files an election pursuant to Section 2.2. Such election shall become effective no later than the calendar month following the month in which the election is made. A new Employee may defer compensation payable in the calendar month during which the Participant first becomes an Employee if an agreement providing for the deferral is entered into on or before the first day on which the Participant performs services for the Employer.

2.4 Amendment of Annual Deferral Election

Subject to other provisions of the Plan, a Participant may at any time revise his or her participation election, including a change of the amount ofhis or her Annual Deferrals, his or her investment direction and his or her designated Beneficiary. Unless the election specifies a later effective date, a change in the amount of the Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable if later. A change in the investment direction shall take effect as of the date provided by the Administrator on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted by the Administrator.

2.5 Information Provided by the Participant

Each Employee enrolling in the Plan should provide to the Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Administrator to administer the plan, including, without limitation, whether the Employee is a participant in any other eligible plan under Code Section 457(b).

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2.6 Contributions Made Promptly

Annual Deferrals by the Participant. under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant's Account Balance. For this purpose, Annual Deferrals shall be treated as contributed within a period that is not longer than is reasonable for the proper administration if the contribution is made to the Trust Fund within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant, or earlier if required by law.

2.7 Employer Contributions

Nothing in this Plan prohibits toe Employer from making annual deferrals to the Account Balance of a Participant on a non-elective basis, subject to the Participant's contribution limits in Section III.

2.8 Leave of Absence

Unless an election is otherwise revised, if a Participant is absent from work by leave of absence, Annual Deferrals under the Plan shall continue to the extent that Compensation continues.

2.9 Disability

A disabled Participant (as determined by the Administrator) may elect Annual Deferrals during any portion of the period ofhis or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment.

2.10 Protection of Persons Who Serve in a Uniformed Service

An Employee whose employment is interrupted by qualified military service under Code Section 414(u) or who is on a leave of absence for qualified military service under Code Section 414(u) may elect to make additional Annual Deferrals upon resumption ofemployment with the Employer equal to the maximum Annual Deferrals that the Employee could have elected during that period if the Employee's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave).

A reemployed Employee shall also be entitled to an allocation of any additional Employer Contributions, if applicable, that such Employee would have received under the Plan had the Employee continued to be employed as an eligible Employee during the period of qualified military service. Such restorative Employer Contributions (without interest), if applicable, shall be remitted by the Employer to the Plan on behalf of the Employee within 90 days after the date of the Employee's reemployment or, if later, as of the date the contributions are otherwise due for the year in which the applicable qualified military service was performed.


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2.11 Corrective Measures

In the event that an otherwise eligible Employee is erroneously omitted from Plan participation, or an otherwise ineligible individual is erroneously included in the Plan, the Employer shall take such corrective measures as may be permitted by applicable law. Such measures may include, in the case of an erroneously omitted Employee, contributions made by the Employer to the Plan on behalf of such Employee equal to the missed deferral opportunity, subject to the Participant's contribution limits in Section Ill, and, in the case of an erroneously included individual, a payment by the Employer to such individual of additional compensation in an amount equal to the amount of the individual's elective deferrals under the Plan.

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SECTION III LIMITATIONS ON AMOUNTS DEFERRED

3.1 Basic Annual Limitation

(a) The maximum amount of the Annual Deferral and, if applicable, Employer Contributions under the Plan for any calendar year shall not exceed the lesser of:

(i) The "applicable dollar amount" (as defined in paragraph (b) below); or

(ii) The Participant's lncludible Compensation for the calendar year.

(b) The "applicable dollar amount" means the amount established under Code Section 457(e)(l5), as indexed, and in accordance with 3.4(a).

(c) Rollover amounts received by the Plan under Treasury Regulation Section 1.457-IO(e) and any plan-to-plan transfer into the Plan made pursuant to Section 7.2 shall not be applied against the Annual Deferral limit.

3.2 Age 50 Catch-up Annual Deferral Contributions

A Participant who will attain age 50 or more by the end ofa calendar year is permitted to elect an additional amount ofAnnual Deferral for the calendar year, up to the maximum age 50 catch-up Annual Deferral limit under §414(v)(2), as indexed.

The amount of the age 50 catch-up Annual Deferral for any calendar year cannot exceed the amount of the Participant's Compensation, reduced by the amount of the elective deferred compensation, or other elective deferrals, made by the Participant under the Plan and in accordance with 3.4(a).

The age 50 catch-up Annual Deferral limit is not available to a Participant for any calendar year for which the Special Section 457 Catch-up Limitation described in Section 3.3 is available and applied.

3.3 Special Section 457 Catch-up Limitation

Notwithstanding the provisions of Sections 3. l and 3 .2, with respect to a year that is one of a Participant's last three (3) calendar years ending before the year in which the Participant attains · Normal Retirement Age and the amount determined under this Section 3 .3 exceeds the amount computed under Sections 3.1 and 3.2, then the Annual Deferral limit under this Section 3.3 shall be the lesser of:

(a) An amount equal to two (2) times the Section 3.1 Applicable Dollar Amount for such year; or

(b) The sum of:


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(i) An amount equal to (A) the aggregate Section 3.1 limit for the current year plus each prior calendar year beginning after December 31, 2001, during which the Participant was an Employee under the Plan, minus (B) the aggregate amount of Compensation that the Participant deferred under the Plan during such years, plus

(ii) An amount equal to (A) the aggregate limit referred to in Code Section 457(b)(2) for each prior calendar year beginning after December 31, 1978, and before January 1, 2002, during which the Participant was an Employee (determined without regard to Sections 3.2 and 3.3), minus (B) the aggregate contributions to Pre-2002 Coordination Plans (as defined in Section 3.4(c)) made by or on behalf of the Participant for such years.

However, in no event can the deferred amount be more than the Participant's Compensation for the year.

3.4 Special Rules

For purposes of this Section Ill, the following rules shall apply:

(a) Participant Covered By More Than One Eligible Plan. If the Participant is or has been a participant in one or more other eligible plans within the meaning of Code Section 457(b), then this Plan and all such other plans shall be considered as one plan for purposes of applying the foregoing limitations of this Section III. For this purpose, the Administrator shall take into account any other such eligible plan maintained by the Employer and shall also take into account any other such eligible plan for which the Administrator receives from the Participant sufficient information concerning his or her participation in such other plan.

(b) Pre-Participation Years. In applying Section 3.3, a year shall be taken into account only if (i) the Participant was eligible to participate in the Plan during all or a portion of the year and (ii) Compensation deferred, if any, under the Plan during the year was subject to the Basic Annual Limitation described in Section 3.1 or any other plan ceiling required by Code Section 457(b).

(c) Pre-2002 Coordination Years. For purposes of Section 3.3(b)(ii)(B), "contributions to Pre-2002 Coordination Plans" means any employer contribution, salary reduction or elective contribution under any other eligible Code Section 457(b) plan, or a salary reduction or elective contribution under any Code Section 40l(k) qualified cash or deferred arrangement, Code Section 402(h)(l)(B) simplified employee pension (SARSEP), Code Section 403(b) annuity contract, and Code Section 408(p) simple retirement account, or under any plan for which a deduction is allowed because of a contribution to an organimtion described in Code Section 50l(c)(l8), including plans, arrangements or accounts maintained by the Employer or any employer for whom the Participant performed services. However, the contributions for any calendar year are only taken into account for purposes of Section 3.3(b)(ii)(B) to the extent that the total of such contributions does not exceed the aggregate limit referred to in Code Section 457(b)(2) for that year.

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(d) Disregard Excess Deferral. For purposes of Sections 3.1, 3.2, and 3.3, an individual is treated as not having deferred compensation under a plan for a prior taxable year if excess deferrals under the plan are distributed, as described in Section 3.5. To the extent that the combined deferrals for pre-2002 years exceeded the maximum deferral limitations, the amount is treated as an excess deferral for those prior years.

3.5 Correction of Excess Deferrals

If the Annual Deferral on behalfof a Participant for any calendar year exceeds the limitations described above, or the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above when combined with other amounts deferred by the Participant under another eligible deferred compensation plan under Code Section 457(b) for which the Participant provides information that is accepted by the Administrator, then the Annual Deferral, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be distributed to the Participant as soon as administratively practicable after the Administrator determines that the amount is an excess deferral.

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SECTION IV INVESTMENT RESPONSIBILITIES

4.1 Investment of Deferred Amount

Each Participant or Beneficiary shall direct the investment of amounts held in his or her Account Balance under the Plan among the investment options of the Trust Fund. The investment of amounts segregated on behalf ofan alternate payee pursuant to a Plan approved domestic relations order (as defined under Code Section 414(p)) may be directed by such alternate payee to the extent provided in such order. In the absence of such direction, such amounts shall be invested in the same manner as they were immediately before such segregation was made on account of such order. Each Account Balance shall share in any gains or losses of the investment(s) in which such account is invested.

4.2 Investment Election for Future Contributions

A Participant may amend his or her investment election at such times and by such manner and form as prescribed by the Administrator. Such election will, unless specifically stated otherwise, apply only to future amounts contributed under the Plan.

4.3 Investment Changes for an Existing Account Balance

The Participant, Beneficiary, alternate payee, or Administrator may elect to transfer amounts in his Account Balance among and between those investments available under the Trust Fund at such times and by such manner and form prescribed by the Administrator, subject further to any restrictions or limitations placed on any investment by the Administrator to be uniformly applied to all Participants.

4.4 Investment Responsibility

To the extent that a Participant, Beneficiary, or alternate payee exercises control over the investment ofamounts credited to his Account Balance, the Employer, the Administrator, and any other fiduciary of the Plan shall not be liable for any losses that are the direct and necessary result of investment instructions given by a Participant, Beneficiary or an alternate payee.

4.5 Default Investment Fund

The Employer shall maintain a Default Investment Fund which shall be held and administered under the Trust Fund. Any Participant who does not make an investment election on the deferral agreement provided by the Administrator will have his contributions invested in the Default Investment Fund until such time he provides investment direction under sections 4.2 and 4.3. Additionally, a Beneficiary or alternate payee who does not make an investment election will have his Account Balance invested in the Default Investment Fund until such time he provides investment direction under section 4.3. The interest of each Participant, Beneficiary, or alternate payee under the Plan in the Default Investment Fund shall be an undivided interest.

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4.6 Statements

The Administrator will cause to be issued statements periodically to reflect the contributions and actual earnings posted to the Account Balances.


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SECTIONV LOANS

5.1 No Loans

There shall be no loans made to Participants from the Plan.

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SECTION VI DISTRIBUTIONS

6.1 Distributions from the Plan

(a) Earliest Distribution Date. Payments from a Participant's Account Balance shall not be made earlier than:

(i) the Participant's Severance from Employment pursuant to Section 6.2

(ii) the Participant's death pursuant to Section 6.3

(iii) Plan termination under Section 10.3

(iv) an unforeseeable emergency withdrawal pursuant to Section 6.IO(a), ifpermitted under the Plan

(v) a de minimis account balance distribution pursuant to Section 6.1 O(b), if permitted under the Plan

(vi) a rollover account withdrawal pursuant to Section 6.10( c ), ifpermitted under the Plan

(vii) attainment ofage 70 Yi withdrawal pursuant to Section 6.IO(d), ifpermitted under the Plan

(viii) Qualified Military Service Deemed Severance withdrawal pursuant to Section 6.10( e ), if permitted under the Plan

(ix) Qualified Military Reservist withdrawal pursuant to Section 6.1 O(t) , ifpermitted under the Plan

(x) Qualified Distributions for Retired Public Safety Officers pursuant to Section 6.11, if permitted under the Plan

(b) Latest Distribution Date. In no event shall any distribution under this Section VI begin later than the Participant's "required beginning date". Such required minimum distributions must be made in accordance with Section 6.6.

(c) Amount ofAccount Balance. Except as provided in Section 6.3, the amount ofany payment under this Section VI shall be based on the amount of the Account Balance as of the Valuation Date.

6.2 Benefit Distributions Upon Severance from Employment

Upon Severance from Employment ( other than due to death), a Participant may elect to commence distribution ofbenefits at any time after Severance from Employment by filing a

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request with the Administrator before the date on which benefits are to commence. However, in no event may distribution ofbenefits commence later than his or her "required beginning date".

Distributions required to commence under this section shall be made in the form ofbenefit provided under Section 6.5. Distributions postponed until the Participant's "required beginning date" will be made in a manner that meets the requirements of Section 6.6.

6.3 Distributions on Account of Participant's Death

Upon receipt of satisfactory proof of the Participant's death, the designated Beneficiary may file a request with the Administrator to elect a form ofbenefit provided under Section 6.5 and made in a manner that meets the requirements of Section 6.6.

(a) Death of Participant Before Distributions Begin. If the Participant dies before his or her distributions begin, the designated Beneficiary may elect to have distributions to be made (i) in full within 5 years of the Participant's death (5-year rule) or (ii) in installments over the designated Beneficiary's "life expectancy" (life expectancy rule).

If the designated Beneficiary does not make an election by September 30 of the year following the year of the Participant's death, the Participant's Account Balance will be distributed in a lump sum payment by December 31 of the calendar year containing the fifth anniversary of the Participant's death or if the Participant's spouse is the sole designated Beneficiary by December 31 of the year the Participant would have attained age 70 ~-

(b) Death of Participant On or After Date Distributions Begin. If the Participant dies on or after his or her distributions began, the Participant's Account Balance shall be paid to the Beneficiary at least as rapidly as under the payment option used before the Participant's death.

For purposes of this Section 2.7, a Participant who dies on or after January 1, 2007, while performing qualified military service (as defined in Code Section 414(u)) will be deemed to have resumed employment in accordance with the Participant's reemployment rights under chapter 43 of title 38, United States Code, on the day preceding death and to have terminated employment on the actual date ofdeath for purposes ofdetermining the entitlement of the Participant's survivors to any additional benefits ( other than benefit accruals relating to the period ofqualified military service) provided under the Plan, in accordance with the provisions of Code Sections 40l(a)(37), 414(u)(9), and 457(g)(4).

6.4 Distribution of Small Account Balances Without Participant's Consent

Notwithstanding any other provision of the Plan to the contrary, if the amount of a Participant's or Beneficiary's Account Balance (including the rollover contribution separate account) is not in excess of the amount specified below on the date that payments commence under Section 6.2 or on the date the Administrator is notified of the Participant's death, the Administrator may direct


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payment without the Participant's or Beneficiary's consent as soon as practicable following the Participant's retirement, death, or other Severance from Employment.

(a) The Plan does not provide for distribution of small Account Balances without Participant or Beneficiary consent.

6.5 Forms of Distribution

In an election to commence benefits under Section 6.2, a Participant entitled to a distribution of benefits under this Section VI may elect to receive payment in any of the following forms of distribution:

(a) a lump sum payment of the Participant's total Account Balance.

(b) partial distribution of the Participant's Account Balance.

(c) in a series of installments over a period of years (payable on a monthly, quarterly, semi-annual or annual basis) which extends no longer than the life expectancy of the Participant as permitted under Code Section 401(a)(9).

6.6 Minimum Distribution Requirements

(a) General Rules.

Notwithstanding anything in this Plan to the contrary, distributions from this Plan shall commence and be made in accordance with Code Section 401(a)(9) and the regulations promulgated thereunder. Additionally, the requirements of this Section 6.6 will take precedence over any inconsistent provisions of the Plan.

(b) Time and Manner of Distribution.

(i) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's "required beginning date".

(ii) Death ofParticipant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:

(A) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant dies, or by December 31 of the calendar year in which the Participant would have attained age 70 Yl, iflater.

(B) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), then distributions to the "designated Beneficiaries" will begin by December 31 of the calendar

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year immediately following the calendar year in which the Participant died.

(C) If the Participant's sole "designated Beneficiary" is not the Participant's spouse, then distributions to the "designated Beneficiary" will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.

(D) If there is no "designated Beneficiary" as ofSeptember 30 of the year following the year of the Participant's death, the Participant's Account Balance will be distributed in a lump sum payment by December 31 of the calendar year containing the fifth anniversary of the Participant's death.

(E) Ifthe Participant's surviving spouse is the Participant's sole "designated Beneficiary" and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this subparagraph (b)(ii), other than subsection (b)(ii)(A), will apply as if the surviving spouse were the Participant.

For purposes of this subparagraph (ii) and paragraph (d), unless subsection (b )(ii)(D) applies, distributions are considered to begin on the Participant's "required beginning date". If subsection (b )(ii)(E) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under subsection (b)(ii)(A). Ifdistributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's "required beginning date" (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(ii)(A)), the date distributions are considered to begin is the date distributions actually commence.

(iii) Death of Participant On or After Distributions Begin. If the Participant dies on or after distributions begin and before depleting his or her Account Balance, distributions must commence to the "designated Beneficiary" by December 31 of the calendar year immediately following the calendar year in which the Participant died.

(iv) Forms ofDistribution. Unless the Participant's Account Balance is distributed in the form of an annuity contract or in a lump sum on or before the Participant's "required beginning date", as of the first distribution calendar year, distributions will be made in accordance with paragraphs (c) and (d). If the Participant's interest is distributed in the form of an annuity contract, distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9).

(c) Required Minimum Distributions During the Participant's Lifetime.

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(i) Amount ofRequired Minimum Distribution For Each "Distribution Calendar Year". During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:

(A) The quotient obtained by dividing the "Participant's account balance" by the distribution period in the Uniform Lifetime Table set forth in Treasury Regulation Section l.40l(a)(9)-9, Q&A-2 using the Participant's age as of the Participant's birthday in the "distribution calendar year"; or

(B) if the Participant's sole "designated Beneficiary" for the "distribution calendar year" is the Participant's spouse and the spouse is more than 10 years younger than the Participant, the quotient obtained by dividing the "Participant's account balance" by the distribution period in the Joint and Last Survivor Table set forth in Treasury Regulation Section l.40l(a)(9)-9, Q&A-3 using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the "distribution calendar year".

(ii) Lifetime Reauired Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this paragraph (c) beginning with the first "distribution calendar year" and up to and including the "distribution calendar year" that includes the Participant's date ofdeath.

(d) Required Minimum Distributions After Participant's Death.

For purposes of this Section 6.6(d), the Participant's and Beneficiary's "life expectancy" determination will use the Single Life Table set forth in Treasury Regulation Section l.40l(a)(9)-9, Q&A-1.

(i) Death On or After Date Distributions Begin.

(A) Participant Survived by Designated Beneficiary.

If the Participant dies on or after the date distributions begin and there is a "designated Beneficiary", the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the longer of the remaining "life expectancy" of the Participant or the remaining "life expectancy" of the Participant's "designated Beneficiary", determined as follows:

(1) The Participant's remaining "life expectancy" is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year.

(2) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", the remaining "life expectancy" of the


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surviving spouse is calculated for each "distribution calendar year" after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For "distribution calendar years" after the year of the surviving spouse's death, the remaining "life expectancy" of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year.

(3) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), the "designated Beneficiaries" remaining "life expectancy" is calculated using the age of the oldest Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(4) If the Participant's sole "designated beneficiary" is not the Participant's spouse, the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(B) No Designated Beneficiary.

If the Participant dies on or after the date distributions begin and there is no "designated Beneficiary" as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the Participant's remaining "life expectancy" calculated using the age of the Participant in the year ofdeath, reduced by one for each subsequent year.

(ii) Death Before Date Distributions Begin.

(A) Participant Survived by Designated Beneficiary.

Except as provided in this Section, if the Participant dies before the date distributions begin and there is a "designated Beneficiary", the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the remaining "life expectancy" of the Participant's "designated Beneficiary", determined as follows:

(1) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", the remaining "life expectancy" of the surviving spouse is calculated for each "distribution calendar year"


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after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year.

(2) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the oldest Beneficiary in' the year following the year of the Participant's death, reduced by one for each subsequent year.

(3) If the Participant's sole "designated beneficiary" is not the Participant's spouse, the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(B) No Designated Beneficiary.

If the Participant dies before the date distributions begin and there is no "designated Beneficiary" as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death.

(C) Death ofSurviving Spouse Before Distributions to Surviving Spouse Are Required to Begin.

If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole "designated Beneficiary", and the surviving spouse dies before distributions are required to begin to the surviving spouse under subsection (b)(ii)(A), this subparagraph (d)(ii) will apply as if the surviving spouse were the Participant.

(e) Definitions.

(i) A Participant's "required beginning date" is April 1 of the year that follows the later of (1) the calendar year the Participant attains age 70 Y2 or (2) retires due to Severance from Employment. Ifthe Participant postpones the required distribution due in calendar year he or she attains age 70 Y2 or severs employment, to the "required beginning date", the second required minimum distribution must be taken by the end of that year.

(ii) Participant's "designated Beneficiary" means the individual who is designated as the Beneficiary under Section 8.1 and is the designated Beneficiary under Code Section 401(a)(9) and Treasury Regulation Section 1.401(a)(9)-4.

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(iii) A "distribution calendar year" means a calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first "distribution calendar year" is the calendar year the Participant attains age 70 Y2 or retires, if later. For distributions beginning after the Participant's death, the first "distribution calendar year" is the calendar year in which distributions are required to begin under subparagraph (b)(ii).

The required minimum distribution for the Participant's first "distribution calendar year" will be made on or before the Participant's "required beginning date". The required minimum distribution for other "distribution calendar years", including the required minimum distribution for the "distribution calendar year" in which the Participant's "required beginning date" occurs, will be made on or before December 31 of that "distribution calendar year".

(iv) A married Participant's "life expectancy", whose spouse is the sole Beneficiary and is more than IO years younger than the Participant, means the Participant's and spouse Beneficiary's life expectancy as computed by use of the Joint and Last Survivor Life Table under Treasury Regulation Section 1.40I(a)(9)-9, Q&A 3. All other Participants will have his or her life expectancy computed by use of the Uniform Lifetime Table under Treasury Regulation Section l.40I(a)(9)-9, Q&A 2. A deceased Participant's or Beneficiary's "life expectancy" means his or her life expectancy as computed by use of the Single Life Table under Treasury Regulation Section 1.40l(a)(9)-9, Q&A l.

(v) · A "Participant's account balance" means the Account Balance as of the last valuation date in the calendar year immediately preceding the "distribution calendar year" (valuation calendar year) increased by the amount ofany contributions made and allocated or forfeitures allocated to the Account Balance as ofdates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The Account Balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the "distribution calendar year" ifdistributed or transferred in the valuation calendar year.

(t) Special Provision Applicable to 2009 Required Minimum Distributions.

A Participant who would otherwise be required to receive a minimum distribution from the Plan in accordance with Code Section 40I(a)(9) for the 2009 "distribution calendar year" may elect not to receive any such distribution that is payable with respect to the 2009 "distribution calendar year".

Notwithstanding the provisions of Section 6.9(b)(iii), the Administrator may permit a Participant who receives a minimum distribution from the Plan for the 2009 "distribution calendar year" to make a direct rollover of such distribution to an "eligible retirement plan" in accordance with the provisions ofSection 6.9.


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The Administrator may also permit a Participant or former Participant who has received a minimum distribution for the 2009 "distribution calendar year" to roll over such distribution back into the Plan, provided the requirements of Code Section 402( c ), as modified by Notice 2009-82, extending the 60-day rollover deadline, and the requirements of Section 7 .1 are otherwise satisfied. If the distribution received by the Participant included amounts in addition to the minimum required under Code Section · 40I(a)(9), the Administrator may allow the Participant to include a portion or all of the amount that was not a minimum distribution in the Rollover Contribution made to the Plan in accordance with this paragraph.

The provisions of this Section 6.6(t) are effective for minimum payments made for the 2009 "distribution calendar year" and do not include any minimum payment that is made in 2009, but is attributable to a different year (i.e., the participant reached his required beginning date in 2008, but payment of the 2008 minimum is not made until 2009).

6.7 Payments to Minors and Incompetents

Ifa Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such person as the Administrator or a court of competent jurisdiction may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge ofany liability for such payments under the Plan.

6.8 Procedure When Distributee Cannot Be Located

The Administrator shall make all reasonable attempts to determine the identity and address ofa Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail ofa notice to the last known address shown in the Administrator's records; (b) use of the Internal Revenue Service letter forwarding program under IRS Revenue Procedure 94-22; (c) use ofa commercial locator service, the internet or other general search method; ( d) use of the Social Security Administration search program; or ( e) use such other methods as the Administrator believes prudent.

If the Participant or Beneficiary has not responded within 6 months, the Plan shall continue to hold the benefits due such person until, in the Administrator's discretion, the Plan is required to take other action under applicable law.

Notwithstanding the foregoing, if the Administrator is unable to locate a person entitled to benefits hereunder after applying the search methods set forth above, then the Administrator, in its sole discretion, may pay an amount that is immediately distributable to such person in a direct rollover to an individual retirement plan designated by the Administrator.

6.9 Direct Rollover

(a) A Participant or Beneficiary (or a Participant's former spouse who is the alternate payee under a domestic relations order, as defined in Code Section 414(p)) who is entitled to an


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"eligible rollover distribution" may elect, at the time and in the manner prescribed by the Administrator, to have all or any portion of the distribution paid directly to an "eligible retirement plan" specified by the Participant or Beneficiary in a direct rollover.

(b) For purposes of this Section 6.9, an "eligible rollover distribution" means any distribution ofall or any portion ofa Participant's Account Balance, except that an eligible rollover distribution does not include (i) any distribution that is one ofa series of substantially equal periodic payment made not less frequently than annually for the life or life expectancy of the Participant or the joint lives or life expectancies of the Participant and the Participant's designated beneficiary, or for a specified period often years or more (ii) any distribution made as a result ofan unforeseeable emergency, or (iii) any distribution that is a required minimum distribution under Code Section 40l(a)(9).

In addition, an "eligible retirement plan" with respect to the Participant, the participant's spouse, or the Participant's spouse or former spouse who is an alternate payee under a domestic relations order as defined in Code Section 414(p) means any of the following: (i) an individual retirement account described in Code Section 408(a), (ii) an individual retirement annuity described in Code Section 408(b), (iii) an annuity plan described in Code Section 403(a), (iv) a qualified defined contribution plan described in Code Section 40l(a), (v) an annuity contract described in Code Section 403(b), (vi) an eligible deferred compensation plan described in Code Section 457(b) that is maintained by a State, political subdivision ofa State, or any agency or instrumentality ofa State or political subdivision ofa State, or ( vii) effective for distributions made on or after January l, 2008, a Roth IRA, as described in Code Section 408A, provided, that for distributions made before January l, 2010, such rollover shall be subject to the limitations contained in Code Section 408A(c)(3)(B).

Notwithstanding any other provision of this Section 6.9(b), a plan or contract described in clause (iii), (iv), (v), or (vi) above shall not constitute an "eligible retirement plan" with respect to a distribution ofRoth Contributions unless such plan or contract separately accounts for such distribution, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible.

(c) A Beneficiary who is not the spouse of the deceased Participant may elect a direct rollover ofa distribution to an individual retirement account described in Code Section 408(b) or to a Roth individual retirement account described in Code Section 408A(b) ("IRA"), provided that the distributed amount satisfies all the requirements to be an eligible rollover distribution. The direct rollover must be made to an IRA established on behalfof the designated Beneficiary that will be treated as an inherited IRA pursuant to the provisions ofCode Section 402( c )( 11 ). The IRA must be established in a manner that identifies it as an IRA with respect to a deceased Participant and also identifies the deceased Participant and the Beneficiary. This Section applies to distributions made on or after January l, 2007.


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6.10 Inservice Distributions

(a) Unforeseeable Emergency Distributions. If the Participant who has not incurred a Severance from Employment or Beneficiary has an unforeseeable emergency, the Administrator may approve a single sum distribution of the amount requested or, if less, the maximum amount determined by the Administrator to be permitted to be distributed under this Section 6. lO(a), Treasury Regulation Section l .457-6(c) or other regulatory guidance. The Administrator shall determine whether an unforeseeable emergency exists based on relevant facts and circumstances, and Treasury Regulation Section l.457-6(c) or other regulatory guidance.

(i) An unforeseeable emergency is defined as a severe financial hardship of the resulting from the following:

(A) an illness or accident of the Participant or Beneficiary, the Participant's or Beneficiary's spouse, or the Participant's or Beneficiary's dependent or the Participant's "primary Beneficiary";

(8) loss of the Participant's or Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster);

(C) the need to pay for the funeral expenses of a Participant's or Beneficiary's spouse, Participant's or Beneficiary's dependent or "primary Beneficiary" of the Participant;

(D) the need to pay for medical expenses of the Participant or Beneficiary, the Participant's or Beneficiary's spouse, Participant's or Beneficiary's dependent or the Participant's "primary Beneficiary" which are not reimbursed or compensated by insurance or otherwise, including non-refundable deductibles, as well as for the cost of prescription drug medication;

(E) the imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence; or

(F) other similar extraordinary and unforeseeable circumstances arising as a result ofevents beyond the control of the Participant or Beneficiary. However, except as otherwise specifically provided in this Section 6. lO(a), certain circumstances are not considered an unforeseen emergency such as the purchase ofa home or the payment of college tuition or credit card debt.

For purposes of this paragraph, if the Participant is not deceased, a "primary Beneficiary" shall be limited to a primary Beneficiary under the Plan, which is an individual who is named as a Beneficiary pursuant to Section 8.1 and has an

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unconditional right to all or a portion of the Participant's Account Balance upon the death of the Participant, and which shall not include a contingent beneficiary. Additionally, dependent shall be limited to the definition under Code Section 152(a), and, for taxable years beginning on or after January l, 2005, without regard to Code Sections 152(b)(l), (b)(2) and (d)(l)(B). ·

(ii) Unforeseeable emergency distribution standard. A distribution on account of unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise; by liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship; or by cessation of deferrals under the Plan if the cessation ofdeferrals would alleviate the financial need.

(iii) Distribution necessary to satisfy emergency need. Distributions because ofan unforeseeable emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any federal, State, or local income taxes or penalties reasonably anticipated to result from the distribution).

(b) De minimis Account Balance Distributions. A Participant before Severance of Employment may request a distribution of his or her total Account Balance ( excluding the rollover contribution separate account), which shall be paid in a lump sum payment as soon as practical following the direction if (i) the total Account Balance does not exceed $5,000 (or the dollar limit under Code Section 41 l(a)(l l), if greater), (ii) the Participant has not previously received a distribution of their total Account Balance payable to the Participant under this Section 6.1 O(b), and (iii) no Annual Deferral has been made with respect to the Participant during the two-year period ending immediately before the date of the distribution.

The Plan does not permit the Administrator to direct payments under the terms of this Section 6.1 O(b) without the Participant's consent.

(c) Rollover Account Distributions. If a Participant has a separate account attributable to rollover contributions under the Plan, the Participant before Severance of Employment may at any time elect to receive an inservice distribution ofall or any portion of the amount held in the rollover separate account.

(d) Age 70 ~Distributions.Prior to Severance from Employment, a Participant may withdraw all or a portion ofhis or her Account Balance on or after first day of the calendar year in which the Participant shall attain age 70-1/2.

(e) Qualified Military Service Deemed Severance Distributions. The Plan does not permit "qualified military service deemed severance withdrawals".

(t) Qualified Military Reservist Distributions. The Plan does not permit "qualified military reservist withdrawals".


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6.11 Qualified Distributions for Retired Public Safety Officen

The Plan does not permit qualified distributions for retired public safety officers.

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SECTION VII ROLLOVERS AND PLAN TRANSFERS

7.1 Eligible Rollover Contributions to the Plan

(a) A Participant who is an Employee and who is entitled to receive an eligible rollover distribution from another "eligible retirement plan", as defined iri 6.9(b) excluding the direct rollover ofafter-tax contributions, may request to have all or a portion of the eligible rollover distribution paid to the Plan. The Administrator may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with Code Section 402 and to confirm that such plan is an "eligible retirement plan" within the meaning of Code Section 402(c)(8)(B).

(b) If an Employee makes a rollover contribution to the Plan ofamounts that have previously been distributed to him or her, the Employee must deliver to the Administrator the cash that constitutes his or her rollover contribution within 60 days ofreceipt of the distribution from the distributing "eligible retirement plan". Such delivery must be made in the manner prescribed by the Administrator.

(c) The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any "eligible retirement plan" that is an eligible governmental plan under Code Section 457(b). In addition, the Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any "eligible retirement plan" that is not an eligible governmental plan under Code Section 457(b).

7.2 Plan-to-Plan Transfen to the Plan

At the direction of the Employer, the Administrator may permit Participants or Beneficiaries who are participants or beneficiaries in another eligible governmental plan under Code Section 457(b) to transfer assets to the Plan as provided in this Section 7.2. Such a transfer is permitted only if the other plan provides for the direct transfer ofeach Participant's or Beneficiary's interest therein to the Plan. The Administrator may require in its sole discretion that the transfer be in cash or other property acceptable to the Administrator. The Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Code Section 457(e)(IO) and Treasury Regulation Section 1.457-IO(b) and to confirm that the other plan is an eligible governmental plan as d~fined in Treasury Regulation Section 1.457-2(f). The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral under Section III.

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7.3 Plan-to-Plan Transfen from the Plan

(a) At the direction of the Employer, the Administrator may permit Participants or Beneficiaries to elect to have all or any portion of his or her Account Balance transferred to another eligible governmental plan within the meaning of Treasury Regulatory Section 1.457-2(:f), if the other eligible governmental plan provides for the receipt of transfers, the Participant or Beneficiary whose amounts deferred are being transferred will have an amount deferred immediately after the transfer at least equal to the amount deferred with respect to that Participant or Beneficiary immediately before the transfer, and the conditions of subparagraph (i), (ii), or (iii) are met.

(i) A transfer from the Plan to another eligible governmental plan is permitted in the case of a transfer for a Participant if the Participant has had a Severance from Employment with the Employer and is performing services for the entity maintaining the other eligible governmental plan.

(ii) A transfer from the Plan to another eligible governmental plan is permitted if:

(A) The transfer is to another eligible governmental plan within the same State as the Plan;

(B) All the assets held by the Plan are transferred; and

(C) A Participant or Beneficiary whose amounts deferred are being transferred is not eligible for additional annual deferrals in the other eligible governmental plan unless he or she is performing services for the entity maintaining the other eligible governmental plan.

(iii) A transfer from the Plan to another eligible governmental plan of the Employer is permitted if:

(A) The transfer is to another eligible governmental plan of the Employer (and, for this purpose, an employer is not treated as the Employer if the Participant's compensation is paid by a different entity); and

(B) A Participant or Beneficiary whose deferred amounts are being transferred is not eligible for additional annual deferrals in the other eligible governmental plan unless he or she is performing services for the entity maintaining the other eligible governmental plan.

(b) Upon the transfer ofassets under this Section 7.3, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 7.3, and to assure that the transfer


Ver 102011

is permitted under the receiving plan) or to effectuate the transfer pursuant to Treasury Regulation Section 1.457-IO(b).

7.4 Permissive Service Credit Transfers

(a) If a Participant is also a participant in a tax-qualified defined benefit governmental plan (as defined in Code Section 414(d)) that provides for the acceptance of plan-to-plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Participant's Account Balance transferred to the defined benefit governmental plan. A transfer under this Section 7.4(a) may be made before the Participant has had a Severance from Employment and without regard to whether the ·defined benefit governmental plan is maintained by the Employer. The distribution rules applicable to the defined benefit governmental plan to which any amounts are transferred under this Section 7.4 shall apply to the transferred amounts and any benefits attributable to the transferred amounts.

(b) A transfer may be made under Section 7.4(a) only if the transfer is either for the purchase ofpermissive service credit (as defined in Code Section 415(n)(3)(A)) under the receiving defined benefit governmental plan, including service credit for periods for which there is no performance of services, service credited in order to provide an increased benefit for service credit which a participant is receiving under the plan, and service (including parental, medical, sabbatical, and similar leave) as an employee (other than as an employee described in Code Section 4 l 5(n)(3)(C)(i)) ofan educational organization described in Code Section l 70(b)(l)(A)(ii) which is a public, private, or sectarian school which provides elementary or secondary education (through grade 12) or a comparable level of education, as determined under the applicable law of the jurisdiction in which the service was performed, without application of the limitations of Code Section 415(n)(3)(B) in determining whether the transfer is for the purchase of permissive service credit, or a repayment to which Code Section 415 does not apply by reason of Code Section 4 l 5(k)(3). ·


Ver 102011

SECTION VIII BENEFICIARY

8.1 Designation

A Participant has the right, by written notice filed with the Administrator, to designate one or more beneficiaries to receive any benefits payable under the Plan in the event of the Participant's death prior to the complete distribution ofbenefits. The Participant accepts and acknowledges that he or she has the burden for executing and filing, with the Administrator, a proper beneficiary designation form.

The form for this purpose shall be provided ~y the Administrator. The form is not valid until it is signed, filed with the Administrator by the Participant, and accepted by the Administrator. Upon the Participant filing the form and acceptance by the Administrator, the form revokes all beneficiary designations filed prior to that date by the Participant.

If no such designation is in effect upon the Participant's death, or if no designated Beneficiary survives the Participant, the Beneficiary shall be the Participant's estate.


' Ver 102011

SECTION IX ADMINISTRATION AND ACCOUNTING

9.1 Administrator

The Administrator shall have the responsibility and authority to control the operation and administration of the Plan in accordance with the terms of the Plan, the Code and regulations thereunder, and any State law as applicable.

The Administrator may contract with a financially responsible independent contractor to administer and coordinate the Plan under the direction of the Administrator. The Administrator shall havt: the right to designate a plan coordinator or other party of its choice to perform such services under this agreement as may be mutually agreed to between the Administrator and the plan coordinator or other party. Notwithstanding any other provisions to the contrary, the Administrator agrees that it shall be solely responsible to the Employer for any and all services performed by a plan coordinator, subcontractor, assignee, or designee under this agreement.

The Administrator has full and complete discretionary authority to determine all questions of' Plan interpretation, policy, participation, or benefit eligibility in a manner consistent with the Plan's documents, such determinations shall be conclusive and binding on all persons except as otherwise provided by law.

9.2 Administrative Costs

All reasonable expenses ofadministration may be paid out of the Plan assets unless paid ( or reimbursed) by the Employer. Such expenses shall include any expenses incident to the functioning of the Administrator, or any person or persons retained or appointed by any named fiduciary incident to the exercise of his or her duties under the Plan, including, but not limited to, fees ofaccountants, counsel, investment managers, agents (including nonfiduciary agents) appointed for the purpose ofassisting the Administrator in carrying out the instructions of Participants as to the directed investment ofhis or her accounts and other specialists and his or her agents, and other costs ofadministering the Plan. In addition, unless specifically prohibited under statute, regulation or other guidance of general applicability, the Administrator may charge to the Account Balance of an individual a reasonable charge to offset the cost of making a distribution to the Participant, Beneficiary, or Alternate Payee. If liquid assets of the Plan are insufficient to cover the fees of the Administrator, then Plan assets shall be liquidated to the extent necessary for such fees. In the event any part of the Plan assets becomes subject to tax, all taxes incurred will be paid from the Plan assets. Until paid, the expenses shall constitute a liability of the trust fund described in Section 11.1.

9.3 Paperless Administration

The Administrator may use telephonic or electronic media to satisfy any notice requirements required by this Plan, to the extent permissible under regulations ( or other generally applicable guidance). In addition, a Participant's consent to immediate distribution may be provided through telephonic or electronic Illeans, to the extent permissible under regulations ( or other generally

31 GN- 110093 Specimen 457(b) Plan Document GPLANLVL - CORRSPND Deferred Compensation Plan

Ver 102011

applicable guidance). The Administrator also may use telephonic or electronic media to conduct plan transactions such as enrolling participants, making (and changing) salary reduction elections, electing (and changing) investment allocations, and other transactions, to the extent pennissible under regulations (or other generally applicable guidance).

32 GN - 110093 Specimen 4S7(b) Plan Document GPLANLVL-CORRSPND Deferred Compensation Plan

Ver 102011

SECTIONX AMENDMENTS

10.1 Amendment

The Employer may at any time either prospectively or retroactively amend the Plan by notifying Participants of such action. The Employer shall not have the right to reduce or affect the value of any Participant's Account Balance or any rights accrued under the Plan prior to amendment.

10.2 Conformation

The Employer shall amend and interpret the Plan to the extent necessary to confonn to the requirements ofCode Section 457 and any other applicable law, regulation or ruling, including amendments that are retroactive. In the event the Plan is deemed by the Internal Revenue Code to be administered in a manner inconsistent with Code Section 457, the Employer shall correct such inconsistency within the period provided in Code Section 457(b ).

10.3 Plan Termination

In the event of the termination of the Plan, all Account Balances shall be disposed to or for the benefit ofeach Participant or Beneficiary in accordance with the provisions of Section VI or Section VII as soon as reasonably practicable following the Plan's tennination. The Employer shall not have the right to reduce or affect the value of any Participant's account or any rights accrued under the Plan prior to tennination of the Plan. The Participant's or Beneficiary's written consent to the commencement ofdistribution shall not be required regardless of the value ofhis or her Account Balance.

33 GN-110093 Specimen 457(b) Plan Document GPLANL VL - CORRSPND Deferred Compensation Plan

Ver 102011

SECTION XI TRUST FUND

11.1 Trust Fund

All amounts in a Participant's or Beneficiary's Account Balance, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the Trust Fund in accordance with this Plan. The Trust Fund, and any subtrust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust, custodial agreement, annuity contract, or similar agreement under the laws of the State. All investments, amounts, property, and rights held under the Trust Fund shall be held in trust for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. Prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, no part of the assets and income of the Trust Fund may be used for, or diverted to, for purposes other than for the exclusive benefit of Participants and their Beneficiaries. The Employer has no beneficial interest in the Trust Fund and no part of the Trust Fund shall ever revert to the Employer, directly or indirectly, provided, however, that a contribution or any portion thereof made by the Employer through a mistake of fact under Section 12.4 shall upon written request of the Employer, reduced by losses attributable thereto, shall be returned to the Employer.


Ver 102011

SECTION XII MISCELLANEOUS

12.1 Non-Assignability

Except as provided in Sections 12.2 and 12.3, no benefit under the Plan at any time shall be subject in any manner to anticipation, alienation, assignment (either at law or in equity), encwnbrance, garnishment, levy, execution, or other legal or equitable process; and no person shall have power in any manner to anticipate, transfer, assign (either law or in equity), alienate or subject to attachment, garnishment, levy, execution, or other legal or equitable process, or in any way encwnber his or her benefits under the Plan, or any part thereof, and any attempt to do so shall be void except to such extent as may be required by law.

12.2 Domestic Relation Orders

The Employer shall establish reasonable procedures to determine the status ofdomestic relations orders and to administer distributions under domestic relations orders which are deemed to be qualified orders. Such procedures shall be in writing and shall comply with the provisions of Code Section 4 l 4(p) and regulations issued thereunder.

Notwithstanding Section 12. l, the Administrator may affect a Participant's Account Balance for a "qualified domestic relations order" as defined in Code Section 414(p), and those other domestic relations orders permitted to be so treated by the Administrator under the provisions of the Retirement Equity Act.of 1984. The amount of the Participant's Account Balance shall be paid in the manner and to the person or persons so directed in the qualified domestic relations order. Such payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan.

12.3 IRS Levy

Notwithstanding Section 12. l, the Administrator may pay from a Participant's or Beneficiary's Account Balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service to the Plan with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary.

12.4 Mistaken Contributions

Notwithstanding any other provision of the Plan or the Trust Fund to the contrary, in the event any contribution ofan Employer is made under a mistake of fact (and not a Plan operational error), such contribution may be returned to the Employer within one year after the payment of the contribution. Earnings attributable to the excess contribution may not be returned to the Employer, but losses attributable thereto must reduce the amount to be so returned.

35 ON - 110093 Specimen 457(b) Plan Document GPLANLVL - CORRSPND Deferred Compensation Plan

Ver 102011

12.5 Employment

Neither the establishment of the Plan nor any modification thereof, nor the establishment ofany account, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided; and, in no event, shall the terms or employment of any Employee be modified or in any way affected hereby.

12.6 Successors and Assigns

The Plan shall be binding upon and shall inure to the benefit of the Employer, its successors and assigns, all Participants and Beneficiaries and their heirs and legal representatives.

12.7 Written Notice

Any notice or other communication required or permitted under the Plan shall be in writing, and ifdirected to the Administrator shall be sent to the designated office of the Administrator, and, if directed to a Participant or to a Beneficiary, shall be sent to such Participant or Beneficiary at his or her last known address as it appears on the Administrator's record. To the extent permitted by law, regulation or other guidance from an appropriate regulatory agency, the Administrator, Employer or any other party may provide any notice or disclosure, obtain any authorization or consent, or satisfy any other obligation under the Plan through the use of any other medium acceptable to the Administrator. Such other medium may include, but is not necessarily limited to, electronic or telephonic medium. In addition, any communication or disclosure to or from Participants or Beneficiaries that is required under the terms of the Plan to be made in writing may be provided in any other medium (electronic, telephonic, or otherwise) that is acceptable to the Administrator and permitted under applicable law.

12.8 Total Agreement

This Plan and Participant deferral election, and any subsequently adopted Plan amendment thereof, shall constitute the total agreement or. contract between the Employer and the Participant regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant.

12.9 Gender

As used herein the masculine shall include the neuter and the feminine where appropriate.

12.10 Controlling Law

This Plan is created and shall be construed, administered and interpreted in accordance with Code Section 457 and the regulations thereunder, and under laws of the State as the same shall be at the time any dispute or issue is raised. If any portion of this Plan is held illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder shall be unaffected.


Ver 102011

IN WITNESS WHEREOF, the Employer has executed this Plan document this ___ day of--------

SEAL

Attest:

Title

Columbia County, Florida Board ofCounty Commissioners

By

Name

Title

(Witness)


Ver 102011

4S7(b) PLAN DOCUMENT CERTIFICATION

This form !!!!!!! be submitted to The Hartford along with your signed Specimen document.

Employer Name: Columbia County, Florida Board of County Commissioners

Plan Name: Columbia County, FL Board of County Commissioners Deferred Compensation Plan ,

Effective Date ofPlan: December l, 2011 Hartford Group Number: 110093

Please select one of the following below:

D I, the undersigned employer representative, certify that the employer has adopted The Hartford's specimen 457(b) Plan Document without any modifications and have provided The Hartford with a copy of the adopted plan document.

Jfl I, the undersigned employer representative, certify that the employer has adopted The Hartford's specimen 457(b) Plan Document with modifications and have provided The Hartford with a copy of the adopted document. I understand that the modifications will need to be approved by The Hartford to ensure that they conform to our Contract and Administrative Services Agreement with The Hartford, and their record keeping system and product. The provisions we have modified are as follows:

Plan Selections Modifications

Definition of Employee Added Part-Time Employees

Date:

r

ON -110093 GPLANLVL - CORRSPND

Distrlc.t No. 1 - Ronald WIiiiams (oDfstrfct No. 2 - Rusty DePratter Dlsb1c.t No. 3 - Jody DuPree Dlsb1c.t No. 4 - Stephen E. BalleyDlsb1c.t No. 5 - Scartet P. Frisina

MEMORANDUM

Date: 7 December 2011

To: Lisa K.B. Roberts, Assistant County Manager

From: Brian L. Kepner, County Planne~)c(.

Re: Board of Adjustment/Planning and Zoning Board Members

Two members of the Columbia County Board of Adjustment/Planning and Zoning Board will have their appointments expire as of 31 December 2011. These board members are Teena Ruffo and Matt Vann. Both have expressed interest in continuing to serve on those boards. I would like to recommend to the Board of County Commissioners that these two board members be reappointed to the Columbia County Board ofAdjustment/Planning and Zoning Board as they have conscientious members. If reappointed the new term would expire 1 January 2015. Please place on the next available consent agenda of the Board of County Commissioners, thank you.

BOARD MEETS FIRST THURSDAY AT 7:00 P.M.

AND THIRD THURSDAY AT 7:00 P.M.

P. 0. BOX 1529 LAKE CITY, FLORIDA 32056-1529 y PHONE (386) 755-4100

.. .. 1BOARD OF COUNTY COMMISSIONERS e COLUMBIA COUNTY



Today's Date: / I -JI - , , ,. If\ / Meeting Date: be £1 , l ao IJ

Name: r ·, ndy I~ igg·,o::, / ~ Department: I:; j \ ens iQ ~ 1. Nature and purpose of agenda item:_.. reiu est :to tro..ns+e c CDoo~u \.-es· aod

pci ote.r -to L\p[Cl.ry



Is this a budgeted item? [ti] N/A

[ ] Yes Account No. -------------


Budget Amendment Number:. ________

FROM IQ AMOUNT

Account:.__________ Account:.__________ $_____



UF UNIVERSITY of FLORIDA

Institute of Food and Agricultural Sciences (IF AS) Columbia County Extension

164 SW Mary Ethel Lane Lake City, FL 32025

Phone: (386)752-5384 Fax: (386)758-2173

Email: columbia@ifas. ufl.ed u

TO:

FROM:

DATE:

Subject:

MEMORANDUM Board of County Commissioners

Dr. Cindy Higgins, County Extension Director

November 18, 2011

Transfer of Property

I would like to request that the items listed below be transferred from the Extension Office to the Columbia County Public Library. These items are not being used by our office and we would like for the Library to use them as needed:

Dell Computer (tower, monitor, keyboard, etc.) HP Laser Jet printer

#13251 #11564

Thank you for your consideration of this request.

CH/ddc Attachments

cc: Inventory File

The Foundation for The Gator Nation An Equal Opportunity Institution

II

Dlstrtct No. 1 - Ronald WIiiiams Dlstrtct No. 2 - Rusty OePratter Dlstr1d: No. 3 - Jody OuPree Dlstrtd: No. 4 - stephen E. BaileyDistrict No. S - Scartet P. Frisina

MEMORANDUM

TO: Dale Williams, County Manager

FROM: Kevin Kirby, Public Works Director/. 'Joald of County Commissioner::. Columbl1 Q13~M,,

DATE: December 2, 2011

SUBJECT: Wash Rack Operator Vacancy

Due to the recent promotion of the Wash Rack Operator to Field Service Mechanic, I am requesting permission to fill this position.

This position is responsible for keeping all equipment and vehicles operated by Public Works clean.

When the Wash Rack Operator has a lull period, they assist the Mechanic Shop with various duties to include retrieving parts from suppliers, assisting with minor repairs such as fluid changes, cleaning parts, cleaning the Mechanic Shop, and keeping the Public Works grounds free of trash.

I am requesting that we advertise both in-house and externally simultaneously in order that this position is filled as soon as possible.

Your consideration is appreciated.

BOARD MEETS FIRST THURSDAY AT 7:00 P.M. AND THIRD THURSDAY AT 7:00 P.M.

P. 0. BOX 1529 LAKE CITY, FLORIDA 32056-1529 PHONE (386) 755-4100

BOARD OF COUNTY COMMISSIONERS e COWMBIA COUNTY


The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 7:00 p.m. In the Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, lake City, Florida 32055. All agenda items are due In the Board's office one week prior to the meetln1 date.

Today's Date: J2 - l,,- l ' Meeting Date: / Ldsh~~-1 I

Name: -r;. c., 144 (( :-.tJ\¥- Department:_£__.-....,..s.,________

____.a ......-:1_4 _.f.. ,_a;;...._k_c..;;..Wt....~------1. Nature and purpose of agenda Item: _ __,_fY) ....A.....__w _ .....1o...., ·._c)__ r

Attach any correspondence information, documents and forms for action I.e., contract agreements, quotes, memorandums, etc. ~c. A-ff«.lJ 2. Fiscal Impact on current budpt.

Is this a budgeted Item? (~N/A

[ J Yes Account No. ------------

( ] No Please 11st the proposed bud1et amendment to fund this request

Budget Amendment Number: _______

FROM m AMOUNT Account:_-_________ Account:_________ $____

For Use of County Manpr Only:

[ 1 Consent Item [ ] Discussion Item

COLUMBIA COUNTY FIRE I RESCUE 3 70 SE Racetrack Lane

P. 0. Box 1529 Lake City, FL 32025

Phone (386) 754-7089 Fax (386) 754-7064

Tres Atkinson Fire Chief

December 05, 2011

Memorandum

To: Mr. Dale Williams County Manager

Board of County Commissioners

From: Tres Atkinson Fire Rescue Chief

Ref: Florida Gateway College Memorandum of Agreement

Please find attached two original contracts for signatures. These are for the renewal of our Memorandum ofAgreement between Columbia County and Florida Gateway College with reference to our contract for clinical education ( clinicals used to complete training of new EMT/Paramedics).

This was more important when the county had EMS services but this is still beneficial to the county under the present situation. The county is assisting in training the new recruits for the local EMS/hospital/nursing home industry. The training they will receive will directly influence the type ofEMS personnel they will become which is beneficial to all citizens of Colwnbia County.

An additional benefit is our continuing mutual aid to the college. This has saved the county monies in reduced classroom fees for our reservists and firefighters who attend the college for EMT and fire related classes. Although we have not had a Fire One class recently the contacts are still in place if/when that class is scheduled again.

Please place this on the agenda for the next board meeting so that this can be brought up for review and discussion. Thank you for your attention to this matter.

TA/db

__

Page l of 6 Pages

MEMORANDUM OF AGREEMENT BETWEEN

THE DISTRICT BOARD OF TRUSTEES OF FLORIDA GATEWAY COLLEGE

AND

COLUMBIA COUNTY FIRE DEPARTMENT P. 0. BOX 1529 ;,

LAKE CITY, FL 32056-1529

THIS AGREEMENT, made and entered into this i~'Pfij~,.of Jan~~N, 201·3'; by and between the DISTRICT BOARD OF TRUSTEES 9F FL0RIDA.~ATEWA¥:-'COLLEGE, 149 SE College Place, Lake City, Florida, 32025, ffe~~inattei.refEl~ to a$-the "College", and COLUMBIA COUNTY FIRE DEPARTMEN:!, herein,after re~rred tq;as the "Agency",

. ';(; ;, .<::::"'"····,-.._~'-'·.·-·.·_·_-~·->_·\'·-:~:-:-•._._ -... ~-.":' \)I -.""<.~;:.. ~- ~~ -

WtTNJ::SSET~\:,,,_ "·,,.,.

WHEREAS, the College offer~Jaffi:;:ipprov:ct' .. progra~':,,o.J;the study in the field of Emergency Medical Services prpgrams, and .\ ,, _.,

-~-1. :,-, .;._c:j:>'~

WHEREAS, the Colleg9;;desirea.,,that it~sl4dent~~o6tain clinical laboratory experience, and _j?/(, ··:,'e._ • • ~:-.,. ·

. '·' -'.-~':·., :?i WHEREAS, the Agency de;ires to co~perate''-ith the College in implementing the above stated objectiv$t'>·:-•:.:'.,,:_ ··,..

--.j.~"' -\., •,'. _,,.r ~~.,_.. :\ ·~·.. ::\-_;;;

NOW, THEREF'-0.REiiiJl consid~tation of the mutual promises contained in this - ,>_· ..111_· ·. - • ·;;:;--~~- ~-- .,'

Agreement;" th~ Agen_c:y and th~"College, by their duly constituted and authorized officers, agree as follows,-,," . '

--~·\ '·;1.. ~~

THAT th~:~tudents ~rolf~d in the above-named program and the faculty at the College may use tHa,_variou$ departments of the Agency for clinical laboratory practice. The number of students~nd the specific dates when the students of the College will be utilizing the various departmental facilities of the Agency will be established and agreed upon by both parties in advance of the specific session. Learning experiences in the laboratory departments will be selected by the faculty and the days and hours planned by the faculty of the College in cooperation with the Agency. ·

THAT neither the College nor the Agency will discriminate in its employment practices or admission of students on the basis of race, color, religion, age, sex, marital status or national origin nor will either discriminate against any qualified handicapped individual.

of 6 Pages

RESPONSIBILITIES/RIGHTS OF THE AGENCY:

1. To share in the responsibility for the education of College's students in the Emergency Medical Services programs through the cooperation and assistance of its staff and employees along with the faculty and students of the College.

2. Students shall be selected for the program by the College and under the program, shall not exceed the teaching capabilities of the agency.

3. To provide for opportunities for observation and prac;:tice experience in the laboratory, and in selected departments of the Agency. Jfi~ student will be allowed to have practice experience only after the instructor has~ verified the student's capability. · · ,..-1~·-;;..

4. To make available to faculty and students of the C~-,~~e' th~ use ~( it$J~6ilities the same as to its own personnel. )·~·-... ._, ,.ti",,, _/·

.·, ~ .. )Y/" .

5. To make available whenever possiple;:t~J.acy_lty-~d stb~ents of the College its facilities and services in the planned learning experiencestof the aforementioned program. .:/~'-. "· \'. "' ·-:,,,::,.\,_ ·

·:~... ·-:.:-:::._

6. To provide conference an~m~ting roon1s,as requii~and needed, if available and not being used for other p¥rposes by the AgeQCY:./,

.:2~\ .. J: :-._..jj/·,; 7. To include facultyrtfembe"''"of the:pfog!am itftheir staff meetings when policies to

be discussed afffcf'q.r directly·relate to ttf• program.,, ... -"-::..; -;,·

·-~ '.'• .~.;,? 8. The Agen~~" ~grees to0

" ~.rovide acci§s to faculty and students for emergency medicaL~re ifr~ase of illness or accidents incurred while on duty in the Agency. Studenfi~.not eligible for w6~f:3(s compensation, and medical expenses incurred wili.b~Jhe r~spoosibiUty of thf)c·student.

'._/,.,. ·:--;- ..__ ,• ·:f_·.:.J . -_, ..>,;--::·:;.:.~

9. lristruction ·111,der' the program shall be at all times agreed by the parties to this contract. ' ;:

,;::.\

10. To as~ume resgonsibility for the supervision of assigned program students during the perforrnancl; of clinical practice. The Agency will provide direct supervision of students.

11. To provide necessary feedback and evaluation of assigned program students utilizing the specified evaluative tool as prescribed, and communicate to academic faculty any student deficiencies or needs for remediation.

12. The responsibility for the patient remains with the Agency.

13. THAT the Agency can require the College to withdraw a faculty member or student

of 6 Pages

from its facilities whose conduct or work with patients or personnel is not, in the opinion of the administration of said Agency, in accordance with acceptable standards of performance. The college agrees to maintain discipline among students and faculty.

THE RESPONSIBILITIES/RIGHTS ·oF THE COLLEGE ARE:

1. To use proper Agency channels to make plans for observation and practice experience. ,>'

2. To comply with current policies and procedures of .. the" Agency,... including all applicable legislation and regulation.

)jt::····:·.s.._ .:. 3. To maintain standards of the program as r.ecomrhended.. and prescril5.ed by all

governing bodies and accrediting agencies regulating th~ prCJQram. ., ../ .... \.._ _ji,;,·',C.,

4. Faculty members attend orientation t~ thJ:Agen~/·~'\.. < -;l ... -.-,,.. - I;'., -~\~-::._ -· •. :••1_:~!/';." ··., -•:.'.~,_T--;,.,,,~ ., ', '.. ,,..~-

5. To comply with and require, if 11e~sary, physl,cal exat'rljn~tion, chest X-rays and certain immunizations as deemed necessary by th~ Agency or other such authority' .... .. .relative to the program priortcf'eQtrance up9,n premiSft''under the program.

~ - . -

~ ·... ~

6. To employ qualified emplQyees in tlle progr~~s administrators and instructors. The College agr~~ to ttie... respQtfs)bl,!ities .;,Ol interpreting the objectives of the program to the s~~.nts, con~~y_lting witti\jldministrative personnel of the Agency in advance about use oftt)e variou&·f~ciliti~

. ·'."·""<''.','...~;.::~

7. To be r8$p'onsi&te for the educaticmal supervision of students in the program.~-/~\-~. ~\ '\_...<;j/}~

8. Stiµ;lents shaJI. ¥·set~cted tor the program by the College and program classes sti'all ndt~ceed)he teaching capabilities of the Agency.

\ ·:~:.. ........

9. M~tain indiv4tu;i'·~ecords of classes and practicum student competency and . ... Ul,.heal"" ·:1

"·':'·,.

10. Maintai~"';fiictc6nfidentiality regarding all patient-centered information.

11. Prepare any rotational plans for services to be used for experiences and to secure the approval of this plan from the Agency prior to commencement of educational program under the facilities. Major changes in the plan will not be effective until such time as they shall be approved by the Agency.

12. Provide a FDLE criminal background check on each student prior to assignment at facility.

of 6 Pages

RESPONSIBILITIES/RIGHTS OF THE STUDENT:

1. The student will provide the results of a drug screen to the program coordinator prior to beginning clinical rotations.

2. The student will provide documentation of current health insurance coverage to the program coordinator prior to beginning clinical rotations.

3. Student will be punctual in attendance in accordance with the times scheduled by the College and/or Agency.

4. Student will maintain strict confidentiality regarding all patient or agency centered information in accordance with the requirements otJhe Health. Insurance. Portability and Accountability Act. f \:>\,"··

~ ~

. ::.." ~ :\__ ·. ···~~'.'"':,_.,. .-~;/'5. Students will treat all agency personnel, patients, constituents ancr visitors with

dignity, respect, and courtesy. ·' ...__{;,; ···.:.i·-~~·t:···:-._,._

•' .,--;,.,,

6. Students will abide by all applicabl~ polid~s- inch procedtire$ as set forth by the College and/or Agency. "/··\,,.\ · · ,:L:;-,{.. .,.

7. Students will provide timely: rio\ificatio~·-,ot impending'tardiness and/or absence to the appropriate staff of th•fCollege and Age·ncy. "' ·

8. Students will provigl wri~~h{oral ~ibnmen~;:;~sentations or reports as directed and assigned byJt&llege andlo(Agency"rnstructional Personnel.

-~ ..}f 9. Students Vllilt_.be treat~d with mutuaf dignity, courtesy and respect by agency

personn,r( ·· :·f:.·~~ .•., ."fi

1O. Roµtioft m~8$.ur,a,wiJI be emti·oyed to assure the student of a safe, legal and e-'1ical ptacticefe_nvironrnent.

} ·.-. ~

11. The, student wUJ havEtJfnmediate access to a supervising clinical instructor during the clinicaj practicu~. ~-...

12. The stud~ntmt request and be entitled to a conference with the Clinical Instructor, and/or Program Coordinator.

13. The student is entitled to periodic performance assessment, necessary privacy, confidentiality and non-discrimination.

14. The student may request a transfer from the assigned Clinical Instructor and/or Agency in the event a situation cannot be resolved.

of 6 Pages

GENERAL CONDITIONS:

1.

2.

3.

4.

5.

6.

The Agency and the College expressly agree that all faculty and students under the program shall remain employees or students of the college. The College agrees that it will never act or represent it is acting as an agent of the Agency or incur any obligations on the part of the Agency without first obtaining the express written authority of the Administrator. The Agency agrees that it will not be responsible for any salaries, taxes or insurance of the College faculty, agents or students.

No alterations, modification, or variation of the terms of this agreement shall be valid unless made in writing and signed by both parties hereto.; <

The Agency and College agree that executed copies of this' agreement shall be placed on file with the Administrator of the Agency· ~nd the Director. of Allf,ct Health Programs, Florida Gateway College. ..-:i · · ·

...-~ .....

The College also at all times agrees to. pr9vid~' certificat{b"n of liapility insurance in the amount of $1,000,000/$3,000,0QO for'alLstudents and faculty members in the performance of their duties and r~sponsibiiit~~s~ at t6'e. Agency. Such liability shall cover all causes of action, clai~demands, liab!.lities: IOS§es, damages, judgments or expenses of every kind and nafur~. including_ a!I costs and attorney's fees hereafter required as a re!;illtf:·arising ouf of any negligent acts of omissions of the College, its students, and(or faculty in conri't~ction with and pursuant to this contract. The College shall provide:~ certifica~ of insu"'"ee to the Agency evidencing such insurance coverag@;;if required by ttfefAgency.' The College will notify the agency if any changes oc~ur.\... ~- ~" ';,

Each party;J~r.esponsibte_ for aU ~-erso'rfa1 injury and property damage attributable to the n~ligerttacts or omissions of that party and the officers, employees and agents di~.(eof a~ting within thif·scope of their employment. Nothing herein shall be."~nstrued,_a~.anaJQdemnitf'or a waiver of sovereign immunity enjoyed by any party h'~reto, as provided; in Section 768.28, Florida Statutes, as amended from titbe to timE),\or any other law providing limitations on claims or to impose liability Off either party.Jar wqith it would not otherwise by law be responsible .

.,

Colleg~·agree~jo comply with the Health Insurance Portability and Accountability Act of 199&,·::as codified at 42 U.S.C. § 1320d ("HIPAA") and any current and future regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"), the federal security standards contained in 45 C.F.R. Part 142 (the "Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as "HIPAA Requirements". College agrees not to use or further disclose and Protected Health Information (as defined in 45 C.F.R. Section 164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. Section 1320d), other than as permitted by HIPAA Requirements and the terms of this Agreement. However, nothing herein shall be construed to mean that Florida

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Page 6 of6 Pages

Gateway College is a 'Business Associate' as defined by 45 CFR 160.103

College will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations.

THIS AGREEMENT shall become effective upon the date of signature of both parties and shall be renewed from year to year unless either party requests a change or termination thereof.

THIS AGREEMENT may be terminated at any time by either part}" hereto, with or without cause upon sixty (60 days) written notice to the oth~I. party, provided that students currently enrolled in the program shall be permitted to coitlptetE:! the cour·s~. · ·

. .,./;;;-.£ \ . .'. ····,..,,,, ',. :Ji• Any notice required or permitted to be given undef"th,is agree.me,pf shall be sufficient if in writing and sent by certified mail to either of tt)e parties. Notid!i shall be effective upon compliance with this section. "' ·. ' '

FLORIDA GATEWAY COLLEGE LAKE CITY, FLORIDA

)·';:c···.:: BY: ,}· ::l DATE~.::JI'

'•,, ------------Charles W. Hall, PresidE!ht

~,, . -.,

BY: , DATE: 0 ire ct or/ Adm in isttatof

.I /0 BOARD Of COUNTY COMMISSIONERS e COWMIIA COUNTY

AGENDA mM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 7:00 p.m. in the Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, Lake City, Florlda 32055. All a1enda Items are due In the Board's office one week prior to the meet1n1 date.

Today's Date: _12...;;_1_1_1_1_____ Meetln1 Date: __12.,.1...1_,s.._1-=1.::.1______

Name:David Kraus Department: _a_o_c_c_________

l.Natureandpurposeofa1endaltem: To establish a policy for the NSP-3 program that

authorizes the County Manager or Senior Staff Assistant to execute an Offer to Purchase

real estate up to $100,000, the purchase contingent upon Board of County Commissioners approval, appraisal, inspections and other due diligence required under the NSP-3 grant.

Attach any correspondence information, documents and forms for action I.e., contract aweements, quotes, memorandums, etc.

2. Fiscal Impact on current bud1et.

Is this a budgeted Item? ( ] N/A

[X) Yes Account No. 111-1000-554. 6062 Property Acquisition

[ ] No Please 11st the proposed budset amendment to fund this request

Budget Amendment Number:.________

FROM m AMOUNT Accowit:__________ s_____

For Use of County Manpr Only:


II ' District No. 1 - Ronald Williams District No. 2 - Rusty DePratter District No. 3 - Jody DuPree District No. 4 - Stephen E. BaileyDistrict No. 5 - Scartet P. Frisina

MEMORANDUM

TO: Dale Williams, County Manager :loard of County Commissioners

Columbia Countv

FROM: Kevin Kirby, Public Works Direct~

DATE: December 5, 2011

SUBJECT: Tree Crew Reorganization

I am requesting permission to implement the following changes on the Public Works Tree Crew:

I. Add a crew leader position to one (I) of the existing bucket truck operator positions. Currently the entire crew splits into two (2) operations daily. With only one (I) foreman it is difficult to oversee all operations. In addition, when the foreman is absent, there is no chain of command. The budget impact for FY 11/12 would be $2,526.16 including benefits.

2. Eliminate one (I) of the general laborer positions and move the current employee assigned to that position to tone of the Tractor Mounted Brush Cutter positions. That employee has been training on the apparatus for several months and is doing well. The budget impact for FY 11/12 would be $4,900.75 including benefits.

3. Add an EO III/Boom Truck Operator position. Currently there is already one such position but we operate two (2) trucks. A Tractor Mounted Brush Cutter has been operating the other truck. The budget impact would be $0 as the pay grades are the same.

The Public Works budget can absorb the additional budget requirements due to the vacancy of the Drainage Foreman position that has not been filled since October I, 2011. The Acting Grader Foreman and Acting Operations Superintendent are being compensated for their additional duties from this same budgeted position but are not absorbing the entire amount that has been budgeted. In addition, there are other positions that have been periodically vacant wherein partial amounts of the compensation

BOARD MEETS FIRST THURSDAY AT 7:00 P.M. AND THIRD THURSDAY AT 7:00 P.M.

P. 0. BOX 1529 .,, LAKE CITY, FLORIDA 32056-1529 PHONE (386) 755-4100

•

have been saved, (Wash Rack Operator, Field Service Mechanic, EO II, EO I, etc.) that can be used to offset the above budget increases.

Your consideration is appreciated.

,~ BOARD OF COUNTY COMMISSIONERS e COLUMBIA COUNTY



Today's Date: /). - .i-I/ Meeting Date:---------

Name: A,v+- (2,':Sc{l e.Y" Department: ffic:t. :.,.t-.e."'-a."' c:::... .e_

1. Nature and p~rpose of agenda item: U~o..,+.e_ TC£) b O.e..:sc. v- ~&~o V'"'\




[ l Yes Account No. -------------


Budget Amendment Number: ________

FROM m AMOUNT

Account:__________ $_____Account:----------



MAINTENANCE TECHNICIAN Ill

MAJOR FUNCTION:

This is highly skilled work at the journeyman level performing in carpentry, plumbing, electrical, heating, air conditioning, general maintenance and other types of repair at various county buildings. The employee is responsible for several aspects of general maintenance in those skilled trades to include the planning, assigning and taking part in the work of a group of employees engaged in a variety of routine maintenance, housekeeping and similar tasks. Duties require the exercise of some independent judgment in planning work methods, scheduling work assignments and reviewing the work of subordinates.

ESSENTIAL FUNCTIONS:

Maintains and installs all types of woodwork, equipment, fixtures such as drywall, metal framing, replacing doors, wood jambs, hollow metal door jambs, hardware, wood/plastic molding. Repairing and installing locks, doors, door hardware and windows. Pour and finish concrete. Must be able to read, understand plans and layout jobs.

Maintains necessary records and prepares required reports relating to personnel, supplies, equipment and work performed. Must be able to learn, understand and abide by all Maintenance Standard Operating Procedures, Rules and Regulations and County Personnel Policies and Procedures. Must be able to understand and follow oral and written instructions.

Must be able to operate various equipment such as lawnmower, edger, weed eater, blower, hand saws, drills, buffing machine, carpentry tools, hand tools and other equipment as needed. Some knowledge of general plumbing, carpentry and electrical work is required. Performs minor repairs on office equipment and furniture. This position dismantles, cleans, repairs, replaces, or overhauls condensers, compressors, receivers, evaporators, and discharges valve plates. This position requires oral communication, also involves adequate eyesight and hearing to safely perform these activities.

This position requires climbing stairs and ladders, pushing, pulling, reaching overhead, bending, kneeling and crawling.

MAINTENANCE TECHNICIAN Ill PAGE lWO OF THREE

NON-ESSENTIAL FUNCTIONS:

Performs related work as required.

WORK ENVIRONMENT:

Ability to perform physical work related to the position. Work may be performed without direct supervision. Tasks which are performed indoor will cause exposure to various chemicals and noxious fumes. Tasks performed outdoor will cause exposure to insects, heights, confined areas, and extreme weather conditions. Responsible for the satisfactory and safe operation of all types of equipment. An employee in a position allocated to this class could work around inmates within the Columbia County Detention facility.

TRAINING AND EXPERIENCE:

Minimum Training: High school graduate or its equivalent, at least 18 years of age plus five (5) years journeyman level experience in general maintenance work to include one (1) year experience in housekeeping or similar custodial work and one (1) year supervisory experience.

KNOWLEDGE, SKILLS AND ABILITIES:

Knowledge of standard practices, methods, materials, tools and equipment used in general maintenance, carpentry, plumbing, electrical maintenance and air conditioning. Knowledge of the occupational hazards and safety precautions required in general maintenance work. Skill in the use of a variety of tools, material and equipment used in general maintenance work. Ability to read blueprints, sketches or drawings for specifications of work to be done. Ability to make accurate estimates of time and materials. Ability to train and supervise subordinates in a manner conductive to full performance and high morale. Knowledge of materials, methods and practices used in large scale housekeeping. Ability to plan, assign and supervise work of a group of employees engaged in maintenance and custodial work. Ability to maintain accurate records, reports and logs. Ability to learn, understand and abide by all Maintenance Standard Operating Procedures, Rules and Regulations and County Personnel Policies and Procedures. Ability to understand and carry out oral and written instructions. Ability to communicate with fellow employees and the general public. Ability to take a team work approach to the job by cooperation with others, offering to· help others when needed and considering larger organizations or team goals rather than individual concerns.

•

MAINTENANCE TECHNICIAN Ill PAGE THREE OF THREE

PROFESSIONAL LICENSES:

Possession of valid Florida Drivers License required. CDL Class B Florida Drivers License preferred but not required.

Pay Grade: 3, 111 Non-Exempt BCC APPROVED: 03/19/98, 08/02/2006

13 STATE OF FLORIDA•

D I V ·1 S I O N O F E M E R G E N C V M A N A G E M E N T 'State Emergency Response Team•

CtlAILIE CIIST DAVID HALSTEAD G<Nwnor lnlerim Di.-clOr

March 4, 2010

Colwnbia County 135 NortltEastHemando Avenue, Suite 203 Lake City. FL 32055 Attn: Ronnie McCardle

Re: Closeout Reconeiliation

Dear Mr. McCardle,

The Attached invoice represents the final reconciliation ofmultiple project worksheets for Humcane Jeanne; FEMA-1561-DR-FL.

Please remit to the State ofFlorida, $499,099.51 at:

Department ofCommunity Affairs Attention: Renee Singh, Deputy State Public Assistance Officer ofFinance 36 Skyline Dr., Lake Mary, FL 32746.

Please contact Renee Singh via e-mail, [email protected] or by phone 407-268-8899 should you have any questions or need any additional information.

Refpectfully,

=QI~Deputy State Public Assistance Officer Division ofEmergency Management

Attachment: RS/new

2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399•2100 Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016

Internet address: llU~www.Flor1daPl:iaster.or11

FLORIDA RECOVERY OFFICE, 36 SKYLINE ORM, LAKE MARY, FLORIDA 3 2 1 4 6 - 6 2 0 1 Phone: 407.268.8899 FAX: 407.268.8707

December 22, 2010

MEMO

TO: Board of County Commissioners

FR: Dale Williams, County Manager

RE: 2005 Hurricanes - Francis/Jeanne

I recently read all article in a regional newspaper concerning a FEMA request for reimbursement that was issued to a small city. Many of those employed by the city and all of that city's council were not in their current offices during the hurricane event; therefore, the request for reimbursement was a surprise to most.

This reminded me that all current County Commissioners, except for Commissioner Williams were not present during the 2005 hurricane events; however, the current Board of County Commissioners will most likely have to approve final resolution of the events with FEMA. Due to this, I am advising you of the county's current status with FEMA regarding the 2005 hurricanes.

Columbia County has been invoiced for reimbursement by FEMA in the amount of $499,099.51. All of the reimbursement pertains to "overpayments" involving debris removal and disposal. Columbia County paid on the basis of volume, not weight. This was approved by FEMA. During the post event audit, all debris volumes paid were reduced by a volume to weight ratio resulting in the overpayment.

Columbia County has argued over the past several years that the reimbursement request was unreasonable for the following reasons:

1.) the amount paid by Columbia County per cubic yard for debris removal was established by FEMA, not Columbia County.

MEMO December 22, 2010 Page 2

2.) the total number of cubic yards billed by Columbia County to FEMA was verified by FEMA reps prior to billing. (FEMA reps went to disposal sites and verified cubic yards by cross sections).

3.) FEMA representatives, not county employees, completed the reimbursement requests in the county's behalf.

4.) FEMA enacted a rule requiring removed debris to be paid based on weight; however, this was after the 04/05 hurricane events. It appears FEMA is attempting to apply the rule change retroactively by applying a volume to weight ratio.

This potential accounts payable has been fully disclosed to both the internal and external auditor. This situation was fully known to prior Commissioners. The first request for reimbursement was made in 2008, the most recent was March 4, 2010. I will continue to oppose this reimbursement until I have exhausted all options. Please advise if you have any questions.

DW/cnb

XC: Judy Lewis, Internal Auditor Richard Powell, C.P.A., External Auditor Ben Scott, Purchasing Director Bill Lycan, Landfill Director File: Francis/Jeanne Hurricanes

/'ICOLUMBIA COUNTY BOARD of COUNTY COMMISSIONERS

November 22, 2011

The Board of County Commissioners met in a scheduled special meeting at the School Board Administration Office. The meeting came to order at 7:45 p.m. immediately following the Columbia County School Board Meeting.

Commissioners in Attendance: Jody DuPree (Chairman), Stephen Bailey, Russell "Rusty" DePratter, Scarlet Frisina, and Ronald Williams.

Others in Attendance: County Manager Dale Williams, Assistant County Manager Lisa Roberts, Senior Staff Assistant David Kraus, and Deputy Clerk Sandy Markham.

The purpose of the public hearing was to address the adoption of a new Redistricting Plan for Columbia County as required by the Columbia County Home Rule Charter.

County Manager Dale Williams opened with comments and gave a brief history. On November 03, 2011 the Board of County Commissioners selected Redistricting Proposal #5. Since the meeting, the public hearing date was advertised as is required. The County Manager advised County has received a handful of individual public comments requesting amendments to the proposal. The County Manager gave a review of the requests and they were voted on later in the meeting.

The Board and staff engaged in discussions regarding the all five initial proposals.

The public hearing opened. Comments were offered by:

School Board Member Keith Hudson. He asked that the Watertown area not be taken out of his district and an amendment be passed to returned Watertown to his district.

Matt Vann has been raised in and currently lives in District 5. Mr. Vann told the Commission that he has filed the necessary "paperwork" with the Supervisor of Elections Office to run for the position of District 5 County Commission. He asked that an

- amendment be adopted that would keep him in District 5. He asked that the District 5 boundary line remain Baya Avenue.

There being no further requests to speak, the public hearing closed.

Amendments to Proposal #5 were considered.

Motion by Commissioner Frisina to adopt Amendment #1. Second by Commissioner Williams. The motion carried unanimously.

Motion by Commissioner Williams to adopt Amendment #3. Second by Commissioner Frisina. The motion carried unanimously.

Motion by Commissioner OePratter to approve Amendment #4. There motion died for a lack of a second.

No motion was offered on Amendment #2 or Amendment #5.

Ordinance #2011-24

Motion by Commissioner Williams to adopt Ordinance #2011-24, with the amendments passed by the Board (and the black line changes offered by Attorney Feagle). Second by Commissioner Frisina.

The Chair offered as an informational item that at the last meeting that he felt it was only fair that all proposals be considered in the public hearing.

The motion carried unanimously.

Resolution 2011R-49 with Approved Amendments #1 and #3

Motion by Commissioner Frisina to approve. Second by Commissioner Bailey. The motion carried 4-1 with Commissioner DePratter voting in opposition.

Adjournment

There being no further business, the meeting adjourned at 8:15 p.m.

ATTEST: Chairman Jody DuPree Board of County Commissioners

P. De Witt Cason Clerk of Circuit Courts

/5COLUMBIA COUNTY BOARD of COUNTY COMMISSIONERS

November 29, 2011 Special Meeting

The Columbia County Board of County Commissioners met in a scheduled Tri-County Meeting with the Suwannee and Hamilton County Board of County Commissioners. ·The meeting was held at the School Board Administration Office in Lake City, Florida.

Commissioner in Attendance:

COLUMBIA SUWANNEE HAMILTON Jody DuPree (Chairman) Jesse Caruthers Randy Ogburn Ronald Williams Ivie Fowler Lewis Vaugh Scarlet Frisina Wesley Wainwright Josh Smith Rusty DePratter Phil Oxendine Ronny Morgan Stephen Bailey Clyde Fleming

Others in Attendance for Columbia: County Manager Dale Williams, Assistant County Manager Lisa Roberts, Senior Staff Assistant David Kraus, Clerk of Circuit Court DeWitt Cason, Deputy Clerk Sandy Markham, various agencies and department heads, interested organizations and groups, and many elected officials of the state and counties.

Chairman Jody DuPree called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. Pastor Alvin Baker of New Bethel Missionary Baptist Church opened with prayer. The Pledge of Allegiance to the Flag of the United States of America followed.

The purpose of the Tri-County Meeting was to discuss the impacts to the water resources in Northeast Florida, from groundwater pumping. Columbia County Manager Dale Williams facilitated the meeting

Gregg W. Jones, P.G. gave a presentation relating to the impacts to water resources in Northeast Florida as a result of groundwater pumping.

Other discussions:

Recent Actions Further Impacting Water Resources in Northeast Florida

• Water consumption permit issued to the Jacksonville Electric Authority (JEA) by the St. Johns Water Management District

• Opposition by Water Management Districts to the Regional Policy Plan of the North Central Florida Regional Planning Council ·

Actions Taken to Address the Problem

• HB 157 [Presented by State Representative Elizabeth Porter], and companion SB 560 [Presented by State Senator Charlie Dean].

• Interlocal Agreement - Suwannee River Water Management District, St. Johns Water Management District, Florida Department of Environmental Regulations

Actions to be Considered

Attorney Sidney F. Ansbacher of Gray & Robinson, P.A. discussed that the time for appealing has lapsed and their options are limited as it relates to the permits that were issued to the JEA. He also discussed with them their peer review, permit monitoring, and drawdown monitoring.

Public Input

Many citizens, interested groups and officials from the area offered comments and concerns for consideration.

Closing Comments

Each of the Commissions took a moment for closing comments.

Actions Taken:

MOTION: By Commissioner Stephen Bailey to form a Workgroup. Second by Commissioner Williams. The motion carried unanimously.

MOTION: By Commissioner Frisina to approve Resolution 201 lR-50. Second by Commissioner Bailey. The motion carried unanimously.

MOTION: By Commissioner Williams to begin the endeavor by allocate $250,000 as seed money for the purpose of protecting the natural resource/water. Second by Commissioner Bailey.

Hamilton and Suwannee County were both strongly encouraged to join in allocating funds.


Adjournment

There being no further business, the meeting adjourned at 9:00 p.m.

ATTEST:

P. DeWitt Cason Chairman Jody DuPree Clerk of Circuit Courts Board of County Commissioners

110311 BoCC Minutes 1 Pre,pared by Sandy A. Markham ,,

COLUMBIA COUNTY BOARD of COUNTY COMMISSIONERS

November 03, 2011

The Board of County Commissioners met in a regularly scheduled meeting at the School Board Administration Office. The meeting opened at 3:00 p.m.

Commissioners in Attendance: Jody DuPree (Chairman), Stephen Bailey, Russell "Rusty" DePratter, Scarlet Frisina, and Ronald Williams.

Others in Attendance: County Manager Dale Williams, Senior Staff Assistant David Kraus, Asst. County Manager Lisa Roberts, and Deputy Clerk Linda Odom.

Additions to the Agenda:

• Proposed agenda and expenses relating to the November 29, 2011 - Special Meeting • Proposed completion stages of Old Wire/Herlong Road Project

MOTION: By Commissioner Williams to approve the agenda as amended. Second by Commissioner Bailey. The motion carried unanimously.

Public Comments

Citizen Stewart Lilker addressed the Board relating to the Offer of Sale by Ellisville Investments.

The Chair stated for the record that according to the rules, he has no legal conflict as it relates to this topic. However, it has been his intent to declare a conflict when the topic is presented for discussion.

Citizen Brad Trussel addressed the Board regarding solid waste pickup.

Presentation of National Hospice and Palliative Care Month Proclamation

No one was present to address this topic. This will be rescheduled.

Ordinance 2011-22; Boating Restricted Areas

See the minutes of July 07, July 21, August 04, October 06, and October 20, 2011 for details pertaining to this ordinance.

The public hearing opened and closed without input.

MOTION: By Commissioner DePratter to approve. Second by Commissioner Frisina. The motion carried unanimously.

1

110311 BrJCC Minutes 2 Pr&pared by Sandy A. Markham

Consent Agenda

MOTION: By Commissioner Williams to approve the Consent Agenda unless there are items to be pulled for clarification. Second by Commissioner Bailey.

For clarification purposes, the County Manager briefly discussed items #7 and #5.


Offer of Sale to Columbia County from Ellisville Investments, Inc.

Chairman DuPree declared a conflict and stated that a distant family member owns Ellisville Investments, Inc. He advised that he would take part in the discussion, but he would abstain from voting.

The Chair relinquished his seat to Vice Chairwoman Frisina.

SSA David Kraus, who is involved with the Columbia County Utility Committee, gave history surrounding the utility and the issues that create a need for additional property. There was in depth discussion.

MOTION: By Commissioner Williams to direct staff to have an independent appraisal done on the property. Once the appraisal has been done, the Board will revisit this topic. Second by Commissioner Bailey.

Commissioner DePratter stated that he would like for the appraiser to provide the building and the land values separately. Commissioner Williams agreed.

Commissioner Williams requested that the cost for demolition of the building also be provided.

Commissioner Bailey suggested the feasibility of selling the motel or leasing it be explored. Commissioner Williams agreed.

The motion carried 4-0. Commissioner Dupree abstained from voting. Form 8-B is attached to the original minutes.

Redistricting Proposals

At the October 20, 2011 meeting there was a 4-l vote to continue this topic until the current meeting so that the Columbia County School Board would have an opportunity to review and offer comments relating to all proposals. It is staff's verbal understanding that the School Board has indicated they are in agreement with Proposals #3 and #5.

School Board Member Keith Hudson advised the School Board voted for Proposal #3 as their primary choice and Proposal #5 as a second choice. Mr. Hudson explained his personal issue with Proposal #5 is that it deletes his two businesses from his district and it also takes away the Watertown community, which he said has been like family. There was lengthy discussion.

2

110311 BoCC Minutes 3 Prepared by Sandy A. Markham

Attorney Feagle explained the Florida Constitution and the Florida Statute do not allow a lot of guidance as it relates to redistricting. The 1985 Federal Lawsuit approved single district voting. The Court also made a finding that the district voting map that had been approved at that time did not violate the 1964 Equal Voting Rights Act, nor did it order that the district voting map had to stay the same. The Federal Court did acknowledge that every ten years, following the census, there would be a change in the district voting maps. The court did not give orders that certain percentages should be maintained in single member districts for minority and ethnic groups; only that the Federal Voting Rights Act must be adhered to.

The Board previously scheduled a public hearing date for December 01, 2011. Now that the School Board has had an opportunity to review all of the proposals, the Commission needs to decide whether it wishes to set all proposals or a single proposal for public hearing.

MOTION: By Commissioner Williams to present Proposal #5 as the redistricting map. Second by Commissioner Frisina. There was discussion.

The Chair and Commissioner DePratter did not agree with presenting only one proposal at the public hearing. Commissioner Frisina and Williams stated they supported Proposal #5 for presentation. Commissioner Bailey voiced that while he supports Proposal #5, he has no problem with another proposal being presented along with Proposal #5.

The motion carried 3-2 with Commissioners DePratter and DuPree voting in opposition.

MOTION: By Commissioner Williams to set the public hearing on November 22 at 7 O'clock. Second by Commissioner Frisina. The motion carried unanimously.

J.E.A. Water Drawdown - Special Meeting on November 29th

The County Manager reviewed the proposed meeting agenda. He also asked the Board to approve an amount, not to exceed $5,000, for the purpose of hiring a qualified individual who can do a legal assessment, in advance of the meeting, to determine where the county stands as it relates to the permit and the available options.

MOTION: By Commissioner Bailey to authorize staff to spend an amount not to exceed $5,000 for the purpose of performing an assessment to be presented at the November 29, 2011 meeting, which will give an opinion on the current position of the county. Second by Commissioner Williams. The motion carried unanimously.

Old Wire/Herlong Road Project

The State of Florida, through SCOP and SCRAP Programs allocated $1,260,000 [to be paid in year 2014] toward the completion of Herlong Road. In considering the additional funds, the County Manager reviewed a map/plan drafted by Engineer John Colson relaying how he [Colson] feels the completion of the project should progress. There was discussion.

MOTION: By Commissioner Bailey to proceed with the Engineer's plan. Second by Commissioner Frisina. The motion carried 4-1 with Commissioner DePratter voting in opposition.

3

110311 BoCC Minutes 4 Prepared by Sandy A. Markham

Adjo·urnment

There being no further business to come before the Board, the meeting adjourned at 4:30 p.m.

ATTEST: Jody DuPree, Chairman Board of County Commissioners

P. DeWitt Cason Clerk of Circuit Court

4