COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSPOST OFFICE BOX 1529

LAKE CITY, FLORIDA 32056-1529

COLUMBIA COUNTY SCHOOL BOARD ADMINISTRATIVE COMPLEX372 WEST DUVAL STREET

LAKE CITY, FLORIDA 32055

AGENDA

JULY 7, 2016

5:30 P.M.

Invocation (Commissioner Bucky Nash)

Pledge to U.S. Flag

Staff or Commissioner Additions or Deletions to Agenda

Approval of Agenda

Public Comment on Agenda Items Only — 5 Minute Limit

Approval of Consent Agenda

Adoption of Consent Agenda

Discussion and Action Items:

Joel Foreman, County Attorney

(1) Settlement Agreement - Southeast Environmental Contracting, Inc.

Ben Scott. County Manager

(1) Solid Waste Collection Agreement — Waste Pro of Florida, Inc.

(2) Refunding of County’s Gas Revenue Bond, Series 2013, and theBorrowing of an Additional 3.5 Million in New Money forTransportation Projects

Approval of Resolution No. 201 6R-14

(3) Wildlife Services Contract — Randall Engleman - $50,000

(4) Preliminary Rate Millage Rate

Open Public Comments to the Board —2 Minute Limit

Staff Comments

Commissioner Comments

Adjournment

_________________________________

BOARD OF COUNTY COMMISSIONERS • COLUMBIA COUNTY

AGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 5:30 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: 0613012016 Meeting Date: 07I07I2016

Name: Ben Scott Department: Administration

Division Manager’s Signature: /1fri—...

1. Nature and purpose of agenda item: Settle Agreement. Southeast Environmental Contracting, Inc.

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

LI Yes Account No.

LI No Please list the proposed budget amendment to fund this request

Budget Amendment Number:_____________________

FROM TO AMOUNT

For Use of County Manger Only:

I Consent Item ,,*&scussion Item

COLUMBIA COUNTY, FL01UDA

Office of the County Attorney Joel F. Foreman

County Attorney

MEMORANDUM

To: Ben Scott

From: Joel F. foreman

Re: Winfield Area Solid Waste Facility Cell 4 ConstructionSoutheast Environmental Contracting, Inc. / Case No.: 2014-CA-489

Date: July 17, 2016

Please place the attached settlement agreement along with Mr. Price’s cover letter on the nextcounty agenda.

N1ESENI PRICE I WORTHY I CAMPO

Joel F. foreman, Esq.FOREMAN, McINNI$ & ASSOCIATESP.O. Box 550Lake City, FL 32056

RE: COLUMBIA COUNTY BOCC - WINFIELD AREA SOLID WASTEFACILITY CELL 4 CONSTRUCTION / Southeast EnvironmentalContracting, Inc., Case No. 2014-CA-489, Columbia County CircuitCourt

Dear Joel:

Enclosed is the Mutual Release and Settlement, signed by SoutheastEnvironmental Contracting, Inc. and Darabi and Associates, Inc. Please sign onbehalf of Columbia County Board of County Commissioners, and have someone(probably the current chair) sign on behalf of Stephen F. Bailey, and return theoriginal, fully executed Mutual Release to me as soon as possible. Thank you.

ly,

Jeffrey L. Price

JLP/jhEnd: Mutual Release and Settlement

June 14, 2016j: :c

‘p

teffrey L. Pricetoard Certified Consuction Law

ieff@?npw-law.com

John D. Campo

Don Niesen

Jeffrey L. Price

David L. Worthy

ORIZ

SM

Construction Law

Te’: (352) 373-9031

Fax: (352) 373-9099

5216 Southwest 91st Drive

Gainesvilie, Florida 32608

www.npw4aw.com

IN THE CIRCUiT COURT OF THETHIRD JUDICIAL CIRCUIT IN ANDFOR COLUMBIA COUNTY, FLORIDA

SOUTHEAST ENVIRONMENTAL, CASE No. 2014-CA-489CONTRACTING, INC., a Florida corporation,

PIaintiff

V.

COLUMBIA COUNTY BOARD OfCOUNTY COMMISSIONERS;STEPHEN E. BAiLEY, as Chairmanand Commissioner; and DARABI ANDASSOCIATES, INC., a Floridacorporation,

Defendants.

/

MUTUAL RELEASE AND SETTLEMENT

KNOW ALL PERSONS BY THESE PRESENTS that Southeast Environmental

Contracting, Inc., a Florida corporation, (“SE”); and the Columbia County Board of County

Commissioners, a Florida Political entity (“CCBCC”); and Stephen F. Bailey, as Chairman and

Commissioner of CCBCC (“Bailey”); and Darabi and Associates, Inc., a Florida corporation

(“Darabi”), hereinafter to be referred to as the Parties, in and for consideration totaling

One-hundred twelve thousand five hundred and 00/100 Dollars ($112,500.00), paid in the manner

described below to SE by CCBCC, which the parties agree is good, valuable and sufficient

consideration for this Mutual Release and Settlement (“Agreement” or “Release”), and payment to

Darabi from CCBCC in the amount of Twenty-eight thousand seven hundred eighteen dollars and

zero cents ($26,718.00) do hereby remise, release, acquit, satisfy and forever discharge each other,

their respective insurers, officers, servants, agents, employees, successors, assigns, affiliates and

subsidiaries, including any payment bond at issue in this matter, of and from alt manner of actions,

damages or claims of any nature, whatsoever in law or in equity alleged in the current lawsuit or

arising out of or derivative of the Project which is the subject matter of this lawsuit, which any of

the parties ever had, now will have, or which any personal representative, successor, principal, heir

or assign of any of the parties hereinafter can, shall or may have against each other, from the

beginning of time up until the date of this Release. However, nothing contained within this

Settlement shall bar Darabi from exercising any legal rights Darabi may hold to seek additional

funds from the CC3OCC for work Darabi may believe has been perfomed by Darabi on this

project and is due, up to a total value of $73,000 (with the current funds being a set off on that

amount). Nor is the CCBCC barred from exercising any and all defenses any and all such claim.

Claims for damages encompassed by this Release as to and between CCBCC and SE

include, all sums due for any payments, all attorney fees and any other costs relating to the Project

to date; more specifically: the Winfield Solid Waste facility Class I Landfill Cell 4 Expansion in

Columbia County, Florida (the ‘Project”) which came about after a March 31,2013 Notice of

Award whereby SE entered into a contract with CCBCC, wherein Darabi acted as the Engineer of

Record.

The parties hereby agree that this Release is being entered into resolve all disputes between

and among the parties other than what has been excepted, above. No party admits any liability

whatsoever. Each party believes this Release is in their best interests and that this document

contains all conditions and requirements necessary to end each and every dispute between them

other than what has been excepted, above in regards to Darabi. No other promises or inducements,

not contained herein, are appLicable.

Each party agrees to abstain from making any disparaging comments or remarks, or to

participate in any administrative filings, complaints or actions against or involving any of the

parties concerning or relating to the Project other than what has been excepted, above in regards to

Darabi. If it should come to the attention of any of the parties to this Release that they may have to

participate in any such activity or action in any way, they agree to immediately notify each of the

other parties prior to their participation such as to afford any of the other parties to object in a

2

timely manner.

in return for this Release and other conditions contained in this Release. SE agrees to

dismiss, with prejudice, that certain lawsuit currently in the Circuit Court of the Third Judicial

Circuit in and for Columbia County, Florida, having a certain case number of 0201 4-CA-000489.

Such dismissal shall occur within 5 days of receipt of payment.

Payment of the consideration referenced in this Release shall be as follows: CCBCC, for its

part, agrees to pay funds to SE in the amount of$l 12,500.00 within 25 days of the execution of

this agreement by all parties; no party shall unreasonably delay their signing. CCBCC agrees to

pay to Darabi $28,718.00 within 25 days ofthe execution of this agreement by all parties; no party

shalt unreasonably delay their signing. This Release may be signed in counterparts. Each party

acknowledges they negotiated this Release and that no portion of this Release shall be read against

another party on the basis of drafting.

The parties jointly represent and warrant that they have full right, power and authority to

enter into this Release and Settlement, and that they now own or have the right to release each and

all of the Parties and all claims that they purport to release, and that they have not transferred any

interest in any of their released claims to any third parties, and further, the parties affirm that these

releases are fairly and knowingly made; and that the PARTIES SPECIFICALLY ALLOCATE

THE RISK OF ANY MISTAKES BY ANY PARTY [N ENTERiNG TNTO THIS MUTUAL

RELEASE TO THE PARTY OR PARTIES WHO LATER CLAIM THEY WERE MISTAKEN.

It is fully understood and agreed that acceptance by the parties hereto that this Release is

intended to be an amicable resolution to disputed claims. furthermore, the parties stipulate and

agree that each party wilt bear its own attorney fees and costs associated with the above-referenced

matter. In the event that any litigation or other dispute resolution proceeding is commenced that

involves, arises out of or relates to this Mutual Release and Agreement, then the prevailing party

shalt be entitled to an award of both taxable court costs and any other related but non-taxable costs

_______________________________,________________________________, _______________________________________________________________,___________________________________________________________,

and expenses, and all taxable attorney’s fees, and any and all non-taxable attorney fees, from the

time that the underlying case was commenced until all appeals, if any, are final. This paragraph

shall apply where the proceeding seeks a declaration of rights, damages for default, and/or

damages for misrepresentation or any other legal or equitable remedies. Venue shall oniy lie in the

Circuit Court of Columbia County, Florida and in no other location, this venue being mandatory.

The undersigned further declare and represent that no promise, inducement or agreement

not herein expressed has been made to the undersigned and that this Mutiial Release and

Settlement contains the entire agreement between the parties hereto, and that the terms of this

Release are contractual and not a mere recital.

TUE UNDERSIGNED HAVE READ THE FOREGOING RELEASE, RAVE DISCUSSED

if WiTH COUNSEL AND FULLY UNDERSTAND if.

CAUTION: READ BEFORE SIGNING BELOW

By: as Pr14.4 for Southeast EnvironmentalContracting, Inc.

Dated: 5/’2 0/f

By: as for the Columbia County

Board of CountyCommissioners.

Dated:

By: as for Darabi & Associates,

Inc.

Dated:

By: on behalf of Stephen E. Bailey as Chairman and

4

Dated:

Commissioner of the Columbia County Board of

County Commissioners.

The following acknowl eth lie above Release was furnished to each counsel of record

in the above-described actio or o •d delivery to their respective client.

Corey B. friedma ;Es OR SOUTHEAST ENVIRONMENTAL

CONTRACTING, INC.

ASSOCIATES, INC

County Board of Commissioners and

5

___________________________________

BOARD OF COUNTY COMMISSIONERS • COLUMBIA COUNTY

AGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 5:30 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: 0612812016 Meeting Date: 0710712016

Name: Ben Scott Department: Administration

Division Manager’s Signature:

1. Nature and purpose of agenda item: Requesting Approval for the Solid Waste Collection Agreement. Waste Pro

of Florida, Inc.

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.

E No Please list the proposed budget amendment to fund this request

Budget Amendment Number:___________________

FROM TO AMOUNT

For Use of County Manger Only:

I Consent Item [11 Discussion Item

________________________________

JFF 1June21, 2016

SOLID WASTE COLLECTION AGREEMENT

THIS AGREEMENT is made and entered into this day of2016 by and between COLUMBIA COUNTY, a political subdivision

of the State of Florida, by and through its BOARD OF COUNTY COMMISSIONERS

(“County”), and WASTE PRO OF FLORIDA, INC. a Florida Corporation with its principalplace of business at 2101 W SR 434, Suite 315, Longwood, Florida 32779 (Collector”).

WITNESSETH:

For and in consideration of the mutual benefits to flow from each to the other, the County

and the Collector agree as follows:

SECTION I: DEFINITIONS

A. Authorized Representative: Any representative of the County, whetheror not a County employee, designated as the County authorized representative for the purposesof this Contract either in a provision of the Specifications or in written communication from theCounty Manager to the Collector.

B. Bags: Biodegradable or plastic sacks designed for refuse with sufficientwall strength to maintain physical integrity when lifted from the tip, securely tied at the top forcollection, with a capacity not to exceed 32 gallons and a loaded weight not to exceed 40 pounds.

C. Basic Service: Means Residential Service in the form of once per weekcurbside solid waste collection and disposal, once per week yard waste collection and disposal,and once per week recycling collection.

D. Biomedical Waste: Shall mean any solid, waste or liquid waste that maypresent a threat of infection to humans. The term includes, but is not limited to, non-liquidhuman tissue and body parts; laboratory and veterinary waste that contain human-disease-causing agents; discarded disposable sharps; human blood, and human blood products and bodyfluids; and other materials that in the opinion of the Department of Health represent a significantrisk of infection to persons outside the generating facility. The term does not include humanremains that are disposed of by persons licensed under Chapter 497, Florida Statutes.

F. Biological Waste: Shall mean solid waste that causes or has thecapability of causing disease or infection and includes, but is not limited to, biomedical waste,diseased or dead animals, and other wastes capable of transmitting pathogens to humans oranimals. The term does not include human remains that are disposed of by persons licensedunder Chapter 497, Florida Statutes.

F. Bulky Waste: Means large items that are movable articles or apparatuses suchas chairs, tables, sofas, mattresses, and other like items use for equipping a house, includingwhitegoods such as air conditioners, heaters, refrigerators, ranges, water heaters, freezers, andother similar appliances. This definition shall not include yard waste or tree and limb debris.

Pagel -

JFf IJune2l,2016

G. Clean Debris: Shall mean any solid waste which is virtually inert and which is

not a pollution threat to groundwater and surface waters and is not a fire hazard, and which is

likely to retain its physical and chemical structure under expected conditions of disposal or use.

The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass,

ceramics and other wastes designated by the County or the Department.

H. Collector or Vendor: The person, firm corporation, organization or agency withwhom the owner has executed a contract for performance of the work or supply of equipment ormaterials or his duly authorized representative.

I. Commercial Establishment means improved real property utilized by a for-

profit or not-for-profit business enterprise, including but not limited to residential andcommercial uses combined in one living unit, motels, hotels, trailer camps, stores, officebuilding, public buildings, churches, restaurants, service stations and garages, laundries andcleaning establishments, manufacturing and other industrial establishments.

J. Commercial Waste means garbage, construction and demolition debris, andrefuse yard waste generated by or originating from a Commercial Establishment.

1. Garbage means all kitchen food and table waste, animal or vegetable

waste that is attendant with or results from the preparation, cooking or storage,handling of food materials, including by-products of the preparation or packagingof such foods or other matter.

2. Refuse means every accumulation of rubbish, such as paper, sweepings,dust, rags, bottles, cans, or other waste material of any kind usually attendant to acommercial establishment.

K. Construction and Demolition Debris: Shall mean discarded materials generallyconsidered to be not water-soluble and nonhazardous in nature, including, but not limited to,steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, fromthe construction or destruction of a structure as part of a construction or demolition project orfrom the renovation of a structure, and includes rocks, soils, tree remains, trees, and othervegetative matter that normally results from land clearing or land development operations for aconstruction project, including such debris from construction of structures at a site remote fromthe construction or demolition project site. Mixing of construction and demolition debris withother types of solid waste will cause the resulting mixture to be classified as other thanconstruction and demolition debris. The term also includes:

(a). Clean cardboard, paper, plastic, wood and metal scraps from a construction project;(b). Except as provided in Section 403.707(9)(j), Florida Statutes, yard trash (excludingsilviculture operations) and unpainted, non-treated wood scraps and wood pallets fromsources other than construction or demolition projects;

Page 2

JfFIJune2l,2016

(c). Scrap from manufacturing facilities which is the type of material generally used in

construction projects and which would meet the definition of construction and demolition

debris if it were generated as part of a construction or demolition project. This includesdebris from the construction of manufactured homes and scrap shingles, wallboard,siding concrete, and similar materials from industrial or commercial facilities and deminim is amounts of other nonhazardous waste that are generated at construction ordestruction projects, provided such amounts are consistent with best managementpractices of the industry.

L. Contract or Agreement: The Contract executed by the County and the Collectorfor performance of the work. The Contract shall be substantially in the form provided in theseSpecifications or by purchase order incorporating the provision of the Specifications.

M. County: Means Columbia County, a political, subdivision of the state of Florida,acting through the Board of County Commissioners or its designee. When used in the context ofa geographical area, the term ‘County” means all unincorporated areas of Columbia County on

the date of the execution of this agreement subject to alteration only under the provisions of

Section II, B.

N. Curbside: Means the area within 10 feet of the edge of the roadway, except

where practical, whether the road is publicly or privately maintained. Curbside shall include any

area up to ten (10) feet of a maintained road right of way if such road is undergoing construction.

“Curbside pickup” or service “at the curb” shall mean that area at a residence that is reasonablyaccessible to the Collector. Provided, however, Collector shall travel a privately maintained roadonly upon the request of the property owner and agreement of Collector that the private road isreasonably accessible and safe for that purpose.

0. Delinquent Accounts: Means all accounts billed by Contractor which are notpaid in full by the thirtieth (30th) day following the date shown on the bill rendered for solidwaste collection service.

P. Department: Means the Department of Environmental Protection or anysuccessor agency performing a like function.

Q. Disabled: Disabled households are any household occupied by a single individualthat is disabled or a household occupied by two or more individuals, none of which reasonablybe expected to transport garbage from household to curb for collection. A person or personsclaiming disability shall have a doctor’s statement to verify such disability.

R. Disposal: Means the discharge, deposit, injection, dumping, spilling, leaking, orplacing of any solid waste or hazardous waste into or upon any land or water so that such solidwaste or hazardous waste or any constituent thereof may enter other lands or be emitted into theair or discharged into any waters, including groundwaters, or otherwise enter the environment.

Page 3

JFfI]une2l,2016

S. Disposal Site: Means a duly permitted depository for the processing or final

disposal of garbage, refuse, yard waste or commercial waste, as designated by the County.

T. Domestic Household Unit: Means any single-family dwelling, and the yard andpremises upon which the unit is located.

U. Garbage Can: Shall mean a plastic or metal container that does not exceedthirty-two (32) gallons in capacity or forty (40) pounds in weight, that is durable, rust-resistant,non-absorbent, water tight rodent proof and shall have handles and tight fitting covers. Plasticbags may be used if they are sealed plastic bags not less than one and one-half (1 -!4) mills inthickness and a capacity of not more than thirty-two (32) gallons.

V. Hazardous Substance: Means any substance that is defined as hazardous in theUnited States Comprehensive Environmental Response, Compensation, and Liability Act of1980, 94 Stat. 2767.

W Hazardous Waste: Means any solid waste, or a combination of solid wastes,which, because of its quantity, concentration, or physical, chemical, or infectious characteristics,may cause, or significantly contribute to, an increase in mortality or an increase in seriousirreversible or incapacitating reversible illness or may pose a substantial present or potentialhazard to human health or the environment when improperly transported, disposed of, stored,treated, or otherwise managed. The term includes, but is not limited to, that which:

1. Is required to be accompanied by a written manifest or shipping documentdescribing the waste as “hazardous waste,” pursuant to any state or federal law, including,but not limited to the Resource Conservation and Recovery act, 42 USC 7901, et seq. asamended and the regulations promulgated thereunder; or2. Contains polychlorinated biphenyls or any other substance the storage, treatmentor disposal of which is subject to regulation under the Toxic Substances Control Act, 15USC 2601, et seq., as amended and the regulations promulgated thereunder; or3. Contains a “reportable quantity” of one or more “hazardous substances,” asdefined in the Comprehensive Environmental Response, Compensation and Liability Act,42 USC 9601, et seq. as amended and the regulations promulgated thereunder or asdefined under Florida Administrative Code Section 17-7.020(24) and regulationspromulgated thereunder; or4. Contains a radioactive material the storage or disposal of which is subject to stateor federal regulation, means any hazardous, toxic, or radioactive waste or substance asdefined by applicable federal, state, or local laws, ordinances, or regulations.5. The term does not include human remains that are disposed by persons licensedunder Chapter 497, Florida Statutes.

X. Household Furniture: Shall mean all movable compatible articles or apparatussuch as chairs, table, sofas, mattresses, etc., for equipping a house.

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JFF 1June21, 2016

Y. Industrial Wastes: Shall mean any and all debris and waste products generated

by manufacturing, food processing (except restaurants), land clearing, any commercial shrubberyor tree cuttings, building construction or alteration (except do-it-yourself projects) and public

works type construction projects whether performed by a government unit or by contract.

Z. Infectious Waste: Shall mean those wastes which may cause disease or may

reasonable be suspected of harboring pathogenic organisms. Included are wastes resulting fromthe operation of medical clinics, hospitals, and other facilities producing wastes which mayconsist of, but are not limited to, diseased human and animal parts, contaminated bandagespathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.

AA. Landfill: Shall mean a duly permitted depository for the processing or finaldisposal of garbage, refuse, trash, or commercial waste, as designated by the County.

BR. Living Unit: Means a domestic household unit, duplex or multiple dwelling.

CC. Multiple Dwelling Units: Means all places of abode other than domestichousehold units or duplexes, having three or more residential as condominiums, units, suchhotels, tourist apartments, motels, rooming houses, homes, mobile home parks, cluster housing,and the yards and premises upon which they are located, but not including public dining areasattached to multiple dwellings.

DD. Non-Mechanical, Containerized Business: Means any commercialestablishment which does not generate more than two (2) 96-gallon carts of garbage and yardwaste per week.

EE. Owner or County: Means Columbia County, a political subdivision of the Stateof Florida, acting through the Board of County Commissioners or its designee. When used inthe context of a geographical area, the term “County” means all unincorporated areas ofColumbia County on the date of the execution of this Agreement subject to alteration only underthe provisions of Section II, B.

FF. Refuse: Shall mean every accumulation of rubbish, such as paper, sweepings,dust, rags, bottles, cans and other discarded matter, excluding recyclable materials.

GG. Residential Units: All domestic household units, duplexes, and multipledwellings, but does not include residential and commercial uses combined in one Living Unit.

HR. Residential Service: Shall herein refer to the collection and disposal serviceprovided to persons occupying residential property not otherwise receiving commercial service.

II. Roll-Off Service means the servicing of any solid waste container fromfifteen (15) to forty-five (45) cubic yard capacity by which the container and its wastecontents are taken off by the Collector and an empty container is left in its place, as wellas the sale, lease or rental of such containers, including roll-off/compactors.

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JfF IJune2l,2016

JJ. Sludge includes the accumulated solids, residues, and precipitates generated as a

result of waste treatment or processing, including wastewater treatment, water supply treatment,or operation of an air pollution control facility, and mixed liquids and solids pumped from septic

tanks, grease traps, privies, or similar waste disposal appurtenances.

KK. Solid Waste means all household waste, commercial waste, and industrial waste,

but excludes all special or hazardous waste.

LL. Special Wastes means solid waste that can require special handling andmanagement (even though it may be part of a delivered load of other solid waste), including, butnot limited to, that which is described as special waste in Exhibit A hereto.

MM. Uniform Level of Service: Shall mean any and all garbage and trash whichconforms to the preparation and storage requirements of this Contract.

NN. Vehicles: Any vehicle which is not in violation of any provision of this Contract.

00. White Goods: Includes inoperative and discarded air conditioners, heaters,refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial largeappliances.

PP. Yard Waste: Shall mean waste accumulation that can feasibly be placed in cansor be containerized, such as lawn grasses, shrubbery cuttings or clippings, and dry leaf rakings.Tree branches, bushes or shrubs, green leaf cuttings, and shrubbery shall be yard waste, providedthat it is tied and bundled and does not exceed four (4) feet in length or four inches in diameternor be greater than forty (40) pounds in weight for any bundled piece or segment. Yard wasteshall not mean waste, debris, and other materials accumulated from land clearing, the alterationand construction of buildings, residences, apartments, roads and other structures; or materials ofa weighty or bulky nature.

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JFF I June21, 2016

SECTION II: EXCLUSIVE FRANCHISE

A. Rights Conferred: This Agreement is entered into for the purpose of promoting thehealth and welfare of the citizens of Columbia County. It confers upon the Collector theexclusive right to collect solid waste, and residential yard waste including Household Wastefrom all residential units in the unincorporated area of the County except as provided by thisAgreement or any applicable law or ordinance. Notwithstanding anything in this Agreementto the contrary, Collector shall not have the exclusive right to collect construction anddemolition debris resulting from temporary or single construction projects requiring atemporary roll off service at a Commercial Establishment. It is understood the County mayfranchise or otherwise allow these services to be provided by third parties as the Countydeems appropriate and in the County’s best interest. These rights are granted upon thecondition that the Collector shall provide the necessary capital, equipment, management, andpersonnel to provide these services adequately. The grant of these rights is further subject tothe condition that the Collector complies with all requirements of this Agreement. ThisAgreement shall become effective on October 1, 2016 and shall supersede all prioragreements between County and any Collector for residential solid waste collection in theCounty.

B. Territory: The grant of rights under this Agreement shall extend to the entireunincorporated area of the County on the date of execution of this Agreement,notwithstanding the annexation of any portion of that area by a municipal corporationsubsequent to the execution of this Agreement. However, the County agrees to release fromthe territory covered by this Agreement, at the Collector’s option any area annexed by amunicipal corporation subsequent to the, execution of this Agreement in the event that theCollector and the municipal corporation with jurisdiction over the annexed area shall enterinto a contract whereby the Collector is authorized to collect the solid waste. The County andthe Collector agree that such a release shall not be a condition imposed by the County for anyadjustment of rates as authorized under this Agreement.

C. Commencement Date: The commencement date for the services referenced inSection IV to be performed by the Collector under the terms hereof shall be the first day ofOctober 1,2016.

SECTION III: TERM

A. Term: The term of this Agreement shall be for five (5) years from commencement date

through September 30, 2021. Up to one hundred eighty (180) days prior to the end of the initial

term or any renewal term of this Agreement, Collector shall notify the County of pending

expiration of this Agreement. This Agreement may be renewed for no more than one (1)

successive period of five (5) years upon the same terms and conditions, except for compensationrates which will be mutually agreed upon by both parties in writing, as the terms then in forceupon written agreement of the parties. At least three (3) months prior to the end of the term, theCollector may present to the County or its designee a proposed amendment to this Agreement ora new agreement that shall include all relevant terms so that a written agreement incorporatingall terms then in effect may be executed by the parties. Upon the failure to execute such adocument, this Agreement shall terminate at the end of the original term or any extension

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JFF June 21, 2016

thereof as the case may be. This provision shall not be construed in any manner to require either

party to renew this Agreement beyond the initial five (5) year period.

SECTION IV: GENERAL PROVISIONS ON COLLECTION SERVICES

FOR RESIDENTIAL WASTE

A. Collector’s Responsibilities: All residential solid waste and yard waste in the County

shall be collected by the Collector as an independent contractor of the County. The Collector

shall collect the solid waste and yard waste and dispose of it as provided under this Agreement,

except as follows.

B. Description of the Work - Solid Waste: The Collector shall provide residential solid

waste collection services within unincorporated areas of Columbia County. This work will be

restricted to residential service only. It will not include commercial, industrial or institutional

solid waste collection. Basic Service shall be billed by the County. The Collector shall be

responsible for the billing and collection of fees for residential service other than basic service.

The Collector shall provide, at his own expense, all labor, insurance, supervision, machinery and

equipment, plant building, trucks and any other tools, equipment, accessories and things

necessary to maintain the standard of collections and disposal set forth herein.

1. Frequency. ONCE PER WEEK GARBAGE - The Collector shall provide once per week

curbside solid waste pickup to those residential units within the unincorporated area of

the County at a rate established under this agreement unless otherwise authorized. The

Collector may also provide back door service for those residential customers that elect to

receive it at a rate negotiated between the customer and the Collector and approved by

the County. The Collector shall provide once per week back door service to those

residential customers that meet the disability requirements referenced in Section 1,

paragraph Q, at no additional charge. The Collector shall provide TWICE PER WEEK

GARBAGE — curbside solid waste pickup to residential units within the unincorporated

area of the County requesting such service, at an additional charge agreed upon by the

County and customer to be billed by the Collector. The County shall be responsible for

all tipping fees for the disposal of said items. The Collector shall bill and collect for

rendering such services.

2. Protection of Adjacent Property and Utilities: The Collector shall conduct his work in

such a manner as to avoid damage to adjacent private or public property and shall

immediately repair or pay for any damage incurred through its operations. The Collector

shall take cognizance of all existing utilities and it shall operate with due care in the

vicinity of such utilities and shall immediately repair or have repaired at no additional

cost to the owner any breakage or damage caused by its operation. Failure by theCollector to repair legitimate damage within twenty-four (24) hour notice of such damageshall subject the Collector to administrative charges referenced in Exhibit C of this

Agreement.

3. Spillage: The Collector shall not litter or cause any spillage to occur upon the premisesor the rights of way wherein the collection shall occur. The Collector may refuse to

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collect any solid waste that has not been prepared for collection, as provided herein.

During hauling, all solid waste shall be contained, tied, or enclosed so that leaking,spilling, and blowing is prevented. In the event of any spillage caused by the Collector,

the Collector shall promptly clean up all spillage. Failure by the Collector to clean-upspillage within twenty-four (24) hour notice of such spillage shall subject the Collector to

administrative charges referenced in Exhibit C of the Agreement.

4. Disposal Site: As a material consideration for the County entering into this Agreement itis agreed all solid waste shall be hauled to those sites or facilities as directed in writing bythe County and disposed of at those facilities at the expense of the County for residential

waste. Verification of source of load and weight ticket shall be required by the County

on a quarterly basis unless prior approval by the County has been granted. Any solid

waste hauled to the disposal site by the Collector that is not generated in the County andnot covered under the terms of this Contract will subject the Collector to a severe penalty.

See Section X, C-l & 2, PENALTIES.

5. Residential Collection Service.

5.1 The Collector shall collect and dispose of all solid waste, except special waste(not including white goods and household furniture), infectious waste, hazardous waste,biohazardous waste, biological waste and sludge, from all single family homes, multifamily units of four (4) or less units under common ownership and individual mobilehomes.

5.2 Frequency of Collection: The Collector shall provide Basic Service by collectingfrom places of residence within the Contract collection area one (1) time per week.Additional services may be requested by the customer

5.3 Hours of Collection: Collection shall begin no earlier than 7:00 a.m. and shallcease no later than official sunset. In the case of an emergency, collection may bepermitted at times not allowed by this paragraph, provided the Collector has receivedprior approval from the County, to be later evidenced by a written memorandumconfirming the approval. No collection shall occur on Sundays except in a time ofemergency.

5.4 Point of Pickup of Residential Garbage: Collections of residential garbage shallbe at curbside or other such locations as will provide ready accessibility to the Collector’scollection crew and vehicle. In the event Collector is requested to travel upon a privatelymaintained road for curbside pick-up the property owner shall be required to execute arequest and release form as shown in Exhibit “B.” The Collector shall collect at curbsideall white goods and household furniture within three (3) days of notification. forpurposes of disposal, the Collector shall keep all white goods separate from other solidwaste. The customer may be encouraged through educational literature provided by theCollector to notify the Collector at least three (3) days prior to placement of white goodsand furniture at curbside. The Collector shall provide two (2) collections annually forwhite goods and/or furniture at no additional charge to the subscriber. The number of

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items shall not be restricted. After having provided two (2) collections at a single

residence or location, the Contractor shall be allowed to charge a maximum rate of

$10.00 (per item) for the collection of white goods and/or furniture. The County shall

waive all tipping fees for the disposal of said items. The Collector shall bill and collect

for rendering such service.

5.5 Receptacles: The Collector shall be required to pick up all garbage, rubbish,household furniture and white goods generated from residential units which have beenproperly prepared and stored for collection as follows:All garbage and rubbish shall be placed in thirty-two (32) gallon containers and shall beplaced at curbside or at such other single collection point as may be agreed upon by the

Collector and the customer. Usual household yard waste, such as, shrubbery prunings,

pine straw, grass clippings and leaves will be containerized in disposable containers such

as biodegradable or plastic bags and/or placed in a separate garbage container forcollection. Non-containerized yard waste shall be collected providing that it is tied andbundled and does not exceed four (4) feet in length or four (4) inches in diameter, nor begreater than forty (40) pounds in weight for any piece or segment of such materials.Household furniture and white goods need not be containerized.

5.6 Non-Conforming Containers: Containers with ragged or sharp edges, 55 gallondrums or receptacles without handles shall be replaced by the customer upon notice to thecustomer from the collector. If the customer fails or refuses to replace the customer’snon-conforming container, then the collector may refuse service for failure to replace orprovide a regulation garbage container.

5.7 Method of Collection of Residential Garbage: The Collector shall makecollections with a minimum of noise and disturbance to the householder. The Collectorshall try to place and/or return receptacles as requested by the homeowner. Any garbageor yard waste spilled by the Collector shall be picked up immediately by the Collector.Garbage receptacles shall be handled carefully by the Collector, shall not be bent orotherwise abused, and shall be thoroughly emptied and then left at the proper point ofcollection.

5.8 Semi Annual Cleanup Service: The Collector shall provide Semi-Annual CleanupService during the Spring and Fall seasons for the duration, or any extension hereof thisAgreement. The Collector will place roll off containers in up to five (5) separate locationsas designated by the County, one location at a time, for a total of up to five (5)consecutive weeks. The Collector will incur all costs, except disposal costs, during eachsaid five (5) week period.

6. Schedules and Routes.

6.1 The Collector shall provide the County with maps and schedules for all collectionroutes and keep such information current at all times. If any change in the collectionroutes occurs, then the County shall be immediately notified in writing. The County shallapprove all permanent changes in routes or schedules that alter the day of pick up. Upon

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approval of the County, the Collector shall notify each resident affected at least seven (7)

days prior to the effective date of the change and the Collector shall publish a notice in a

newspaper of general circulation at least ten (10) days prior to the effective date of such

route or schedule change. The cost of publication shall be borne solely by the Collector.

6.2 The County reserves the right to deny Collector’s vehicles access to certain

streets, alleys and public ways inside the County in route to the disposal site where it is in

the interest of the general public to do so because of the condition of the streets or

bridges. The collector shall not interrupt the regular schedule or quality of service

because of street closure less than eight (8) hours in duration. The County shall notify the

Collector of street closures of longer duration and arrangements for service will be made

in a manner satisfactory to collector and County. Customers under this Contract shall

receive reasonable notification of the schedules provided by the Collector prior to

commencement of service. Only local truck routes shall be used in transit, unless used

specifically for the purpose of collection.

6.3 Storm: In case of a storm, the County may grant the Collector reasonable variance

from regular schedules and routes. As soon as practicable after such storm, the Collector

shall advise the County and the customer of the estimated time required before regular

schedules and routes can be resumed. In the case of a storm where it is necessary for the

Collector and the County to acquire additional equipment and to hire extra crews to clean

the County of debris and yard waste resulting from the storm, the Collector shall be

required to work with the County in all possible ways for the efficient and rapid cleanup

of the County. The Collector shall receive extra compensation above the Contract

Agreement for additional men, overtime, and cost of rental equipment, provided he has

first secured prior written authorization from the County. The total cost for such service

shall be based on rates jointly agreed to by the County and the Collector.

6.4 Holidays: The County agrees to exempt residential collection from the Schedule

of Collections on the following holidays: New Year’s Day, Memorial Day, Independence

Day, Labor Day, Thanksgiving Day and Christmas Day. Reasonable notice shall be given

to Residential customers prior to those occasions when the Collector chooses to grant a

holiday to his employees. Collection will be made for those customers who are missed

due to a holiday within the same work week.

7. Collection Equipment.

7.1 The Collector shall have on hand at all times and in good working order such

equipment as shall permit the Collector to adequately and efficiently perform its

contractual duties. Equipment shall be from nationally known and recognized

manufacturers of garbage collection and disposal equipment. Residential collections

equipment shall be of the enclosed loader packer type and all equipment shall be kept in

good repair, appearance, and in a sanitary and clean condition at all times. The Collector

shall have available reserve equipment used by the Collector to perform the contractual

duties. Equipment is to be painted uniformly with the name of the Collector, business

telephone number and the number of the vehicle in letters not less than five inches high

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on each side of the vehicle. All vehicles shall be numbered and record kept of the vehicle

to which each number is assigned. No advertising shall be permitted on vehicles, except

events sponsored by the County.

8. Special waste, infectious waste, hazardous waste, biomedical waste, biological waste

and sludge.

8.1 The Collector shall not be required to collect and dispose of special waste (except

white goods and household furniture), infectious waste, hazardous waste, biohazardous

waste, biological waste or sludge, but may offer such service in the service area. All such

collection and disposal for those types of waste in this section, when done by the

Collector, shall be in strict compliance with all federal, state and local laws and

regulations.

C. Description of the Work - Yard Waste: The Collector shall collect all yard waste as

defined in Section I (paragraph PP) from all single family homes, multi-family units of four (4)

or less units under common ownership and individual mobile homes within Columbia County.

1. Frequency of Collection: The Collector shall collect yard waste from residences within

the service area at least one (I) time per week.

2. Hours of Collection: Collection shall begin no earlier than 7:00 a.m. and shall cease no

later than official sunset, provided that in the event of emergency or unforeseencircumstances, collection may be permitted at a time not allowed by this paragraph

following approval by the County.

3. Point of Pickup of Yard Waste: Collection of yard waste shall be at curbside or othersuch locations as will provide ready accessibility to the Collector’s’ collection crew and

vehicle. If an appropriate location cannot be agreed upon, the County shall designate thelocation.

4. Preparation of Yard Waste for Collection: The Collector shall pick up all yard wastegenerated from residential units which has been properly prepared and stored forcollection as follows:

Yard waste shall be placed in biodegradable or plastic bags at curbside or at such other

single collection point as may be agreed upon by the Collector and the customer. Theyard waste shall also be free of paper, plastic, metal, glass and other contaminants prior toplacement in the vehicle. Non-containerized yard waste shall be collected providing thatit is tied and bundled and does not exceed four (4 ) feet in length or (4 ) inches indiameter nor be greater than forty (40) pounds in weight for any bundled piece orsegment. Yard waste exceeding these dimensions and weight shall be collected by aspecial service at an additional reasonable fee which shall be arranged and agreed tobetween the customer and the Collector.

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5. Method of Collection of Yard Waste: The Collector shall make collections with a

minimum of noise and disturbance to the householder. Any yard waste spilled by the

Collector shall be picked up immediately by the Collector.

6. Vacant Lots: The Collector shall not be required to collect yard waste from maintenance

of vacant lots. It will not be the responsibility of the Collector to remove yard waste

resulting from clearing property for building purposes.

7. Standards for Yard Waste Collections: The Collector shall provide sufficient

manpower and equipment to provide scheduled weekly pickup of yard waste to all units

in the collection area, as defined by this Agreement. Yard waste will be containerized as

provided in specifications.

8. Yard Waste Disposal: As a material consideration for the County entering into this

Agreement it is agreed the Collector shall haul yard waste to the County’s Class III site or

other such site as directed by the County.

9. Equipment: The Collector shall have on hand at all times and in good working order

such equipment as shall permit the Collector to adequately and efficiently perform itscontractual duties. Equipment shall be obtained from nationally known and recognized

manufacturers of collection and disposal equipment. Collection vehicles shall be of the

closed loader packer type or other vehicle designed to allow for efficient collection of

yard waste. The equipment shall be kept in good repair, appearance, and in cleancondition at all times. The Collector shall have available reserve equipment which can beput into service within one (1) hour of any breakdown. Such reserve equipment shallcorrespond in size and capacity to the equipment used by the Collector to perform the

contractual duties. All vehicles shall be numbered and a record kept of the vehicle to

which each number is assigned. No advertising shall be permitted on vehicles except for

promoting County-sponsored events or messages.

SECTION V: GENERAL PROVISIONS ON COLLECTION

SERVICES FOR COMMERCIAL WASTE

A. Collector’s Responsibilities: Except as otherwise provided in Section lI-A andwhen the Commercial Establishment owner provides its own Commercial Waste disposal(not through any other independent contractor), then all Commercial Waste or Solid Waste inthe county shall be collected by the Collector as an independent contractor of the County.The Collector shall collect the solid waste and dispose of it as provided under thisAgreement, except as follows.

1. Special and Hazardous Waste: The Collector shall not be required to collect or disposeof special waste or hazardous waste as defined in this Agreement. Collector may, subjectto negotiation of an acceptable Special Waste Agreement with customers, collect specialwaste in the County.

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2. Special Handling: Collector shall be not required to collect solid waste which is subject

to special charges or segregation at the disposal site without appropriate provision for

pass through of such charges or the costs of segregation.

3. Spills: All solid waste shall be placed in approved containers. Containers shall not be

consistently overloaded, and large objects shall not protrude from containers. The

Collector shall not litter in the process of making collections, but shall not be required to

collect material that has not been placed in approved containers or in a manner prescribed

by this agreement. Solid waste spilled before collection, or during collection as a result of

a container being overloaded, shall be cleaned up by the customer. Otherwise, in the

event of spillage during collection the collector shall immediately clean up the litter.

4. Nonconforming Containers: Any container provided by the customer which does not

conform to the provisions of this Agreement, which has ragged or sharp edges or any

other defect which could hamper collection or injure a person handling such container,

shall be replaced promptly upon notice by the Collector to the customer. The Collector

may refuse collection services for failure to replace a defective container after the

Collector has provided the customer with proper notice.

5. Remote Locations: In cases involving remote or isolated locations, the Collector and the

customer may make special arrangements for the collection of solid waste upon

authorization by the County. In the event that any road becomes impassable due to

natural conditions or man-made occurrences beyond the control of the Collector, the

County and the Collector may choose a central collection point for customers to whose

property access has been prevented. The County and Collector shall notify the customers

whose property cannot be served of the central collection point location and the time of

collection service until regular service is restored.

6. Initiation of Service: A customer shall initiate commercial service for which the rates

are controlled by this Agreement by contacting the Collector. When a customer contacts

the Collector to initiate commercial service, other than temporary commercial service, the

Collector shall have the customer execute a service agreement substantially similar to

Exhibit B.

7. Manner of Collection: The Collector shall collect solid waste with as little disturbance

as possible, shall not begin commercial collection before 3:00 a.m. and shall leave each

container where it was placed by the customer.

8. Holidays: The Collector may, but shall not be required to, collect solid waste on New

Year’s, Memorial Day Independence, Labor, Thanksgiving and Christmas Days. In the

event Collector does not collect solid waste on any such holiday, it shall collect the solid

waste on the next scheduled collection day.

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SECTION VI: COMMERCIAL SERVICE

A. Service to Be Provided: The Collector shall provide to commercial establishments

handload service (non-mechanical containerized service) at the curb, provided that commercial

customers receiving hand load service do not generate more than two (2) 96-gallon carts of

garbage and yard waste per week. Commercial establishments which generate more than two (2)

96-gallon carts of solid waste per week shall be required to use mechanical containers or roll-off

service. Commercial establishments or multiple dwellings may opt for mechanical container or

roll-off service regardless of the amount of solid waste generated each week. Carts shall be

provided by the Contractor.

B. Service to County Property: The Collector shall provide service for all County

properties at the rates listed on Exhibit D.

C. The Collector may require commercial contract establishments or other generators of

commercial waste to enter into written service agreement for collection services by executing a

contract substantially similar to Exhibit B, which is attached to this agreement and made a part of

it by this reference. The Collector may require such a service agreement whether the customer is

provided handload, mechanical container or roll-off service.

D. Commercial handload garbage service shall be provided once per week with an optional

weekly yard waste collection, however, generators of commercial waste may enter into

agreements with the Collector for a greater frequency of collection. Mechanical container service

for commercial establishments or multiple dwellings shall be provided at frequency negotiated

by the customer and the Collector, subject to the rates provided in this Agreement. for the reason

of Public Safety and Health the collection of commercial or industrial waste from anycommercial establishment may require service more frequently than twice per week.

E. Commercial Handload Service. Maximum of two (2) 96-gallon carts can be used for

commercial handloasd service. All materials to be collected must be contained inside the

provided containers with the lids closed completely. Additional items outside of the containers

would be subject to additional costs. If more than two (2) 96-gallon containers are required for

commercial service, Commercial Dumpster service may be required.

F. Commercial Dumpster Service. All materials must be contained within the requested

and provided dumpsters with the lids completely closed. Materials exceeding the container

capacity are subject to additional cost.

G. Location. In order to receive handload service at the curb, the required containers shall

be placed curbside, unless otherwise agreed between customer and the collector. Containers shall

not be placed in the street. Mechanical containers shall be placed at locations to be determinedby agreement of the customer and the Collector.

H. Roll-off Service. Roll-off service shall be provided by the Collector for commercialestablishments instead of handload or mechanical container service at the customer’s option. The

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location for roll-off containers shall be negotiated by the parties, but roll-off containers shall not

be placed in any streets, roads, highways, sidewalks or other public ways.

I. Service Disputes. Any disagreements between any commercial customers and Collector

regarding service shall be finally decided by the County Administrator or his/her designee within

(10) days after submittal of such disagreement by the Collector or customer.

J. Rates. The rates for commercial service shall be as shown in Exhibit D.

SECTION VII: DISPOSAL SITE

As a material consideration for the County entering into this Agreement it is agreed all

solid waste shall be hauled to and disposed of at a place or places to be provided by the County.

As of October 1,2016, County charges Collector fifty-two dollars ($52.00) per ton for each ton

of Class I and thirty-seven dollars ($37.00) for each ton of Class III solid waste collected in the

County and disposed of at the Columbia County Landfill. In the event that an alternative

disposal site is selected by the County or disposal fees are increased at Columbia County

Landfill the Collector shall be entitled to an increase in the rates specified in this Agreement to

compensate the Collector for any increased transportation and disposal costs which result from

such a change or price increase, as specified in this Agreement. Such increase shall be

implemented by the County within thirty (30) days of the increased costs being incurred.

SECTION VIII: QUALITY OF SERVICE

A. Collector’s Personnel.

1. Collector’s officer(s): The Collector shall assign a qualified person or persons to be in

charge of the operations within the service area. The Collector shall give the names of

these persons to the County. Information regarding the person’s experience and

qualifications shall also be furnished. Supervisory personnel must be present on the

routes to direct operations in a satisfactory manner. Said supervisor(s) must be available

for consultation with the County Manager and/or customers within a reasonable,

practicable time after notification of a request for such consultation. The supervisor(s)

shall operate a vehicle which is radio equipped. Contractor shall furnish County a level

of service throughout the term of this Agreement and any extensions consistent with that

currently provided to the County. If this level of service is not then being delivered byContractor, County at its option may notify Contractor in writing sixty (60) days from

receipt of said written notice, and Contractor shall replace its Columbia County servicemanager with another person who will reside in Columbia County. Nothing contained

herein shall prevent the County from requesting such relief at an earlier date.

2. Conduct of Employees: The Collector shall require all employees to be courteous at all

times, to work quietly and not to use loud or profane language. Shirts will be required atall times. The Collecto?s employees shall follow the regular walks for pedestrians whileon private property, shall not trespass or loiter on private property, shall not cross

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property to adjoining property and shall not meddle or tamper with property which does

not or should not concern them. Each employee assigned to drive a vehicle shall, at all

times, carry a valid driver’s license for the type of vehicle driven. The County shall have

the right to make a complaint regarding any employee of the Collector who violates any

provisions hereof or who is negligent, or discourteous in the performance of the

employee’s duties and may suggest action to be taken.

3. Employee Uniform Regulations: The Collector’s solid waste collection employees shall

wear a uniform bearing the company’s name. Lettering stitched on or identifying patches

permanently attached to uniform shirts and jackets will be acceptable. The Collector shall

keep a record of employees’ names and numbers assigned.

4. Compliance with State, Federal and Municipal Law: The Collector shall comply with

all applicable County, State and Federal laws relating to wages, hours, and all other

applicable laws relating to the employment or protection of employees, now or hereafter

in effect, including screening for drug usage.

5. Fair Labor Standards Act: The Collector is required and hereby agrees by execution of

this Contract to pay all employees not less than the Federal minimum wage and to abide

by other requirements as established by the Congress of the United States in the Fair

Labor Standards Act as amended and changes from time to time.

6. Licensed Operators: Each vehicle operator shall at all times carry a valid Florida

driver’s license for the type of vehicle that is being driven.

7. Training: The Collector shall provide operating and safety training for all personnel.

8. Equal Employment Opportunity: No person shall be denied employment by the

Collector for reasons of race, sex, national origin, creed, age, or religion.

B. Collector’s Facility: The Collector shall provide at his expense, a suitable facility

located within Columbia County with telephone service where complaints shall be received,

recorded and handled during normal working hours on Monday through Friday of each week and

shall provide for prompt handling of emergency complaints and all other special or emergency

complaints or calls. The facility shall contain an office, yard space and a maintenance facility to

repair and house vehicles and personnel/management personnel. The Collector shall be required

to house a permanent supervisor/operations manager located within Columbia County when

route collection is occurring to manage the facility and day-to-day operation of the company.

C. Collector’s Vehicles:

1. Number and Type: The Collector shall have on hand at all times and in good working

order such equipment as shall permit the Collector to adequately and efficiently perform

his duties under this Agreement. Equipment shall be obtained from known and

recognized manufacturers of garbage collection and disposal equipment. All collection

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vehicles shall be of the enclosed loader-packer type, and all equipment shall at all times

be kept in good repair and appearance, and in a sanitary, clean condition.

2. Cover: During conveyance by the Collector, all solid waste shall be contained, tied, or

enclosed so that spilling and blowing is prevented.

3. Body: The body of all collection vehicles shall be sufficiently secure so as to reasonably

prevent any leakage of fluid prior to unloading at the disposal site. The vehicle shall have

an enclosed cab, well-located handholds, adequate door-fastenings, hydraulic unloading

capabilities, and ample racks or supports for tools, containers and other equipment, and

pull hooks for towing.

4. Designation: All collection vehicles shalt be painted uniformly. The Collector’s name

and business telephone number and a unique truck identifying number shall be painted on

both sides of each vehicle.

5. Parking: The Collector’s collection vehicles shall not be parked in residential areas

except for loading.

SECTION IX: CHARGES, RATES, AND LEVEL OF SERVICE

A. Billing.

1. Collector’s Obligation: Basic Service shall be billed by the County. The Collector shall

be responsible for billing and collection of all other residential service and all commercial

and roll-off services authorized under this Agreement at the then-existing rates specified

in this Agreement. The billing shall include the cost of such other residential service and

such franchise fee which shall be paid to the County in accordance with Section IX, A-3.

Beginning October 1, 2016 and every quarter thereafter (the invoicing quarter), the

County will pay the Collector quarterly in advance for Basic Service provided to each

Residential Unit, as defined in Section 1, AA of this Agreement plus indigents in excess

of Section IX, A-4 of this Agreement plus vacation home rates as described in this

Agreement at the then existing rates specified in this Agreement. The Collector shall be

responsible for billing and collecting from each commercial and roll-off customer.

a. Beginning October 1,2016, the parties agree that the number of Residential Units

billed for each quarter shall be the number of Residential Units as jointly

determined by the Tax Collector of Columbia County, Florida and Collector less

those adjustments for indigents pursuant to this Agreement.

b. Beginning October 1, 2016 and every three months thereafter (one month before

Collector is due to invoice the County -- the adjusting quarter), the County shallnotify the Collector of all new Residential Units which have received certificates

of occupancies during the previous quarter. The number of new such units shall

be added the number Residential Units for which the Collector shall be paid. The

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Collector shall, upon notice, begin collection service from such properties. The

County shall also notify the Collector of all Residential Units which have a

change in status such as vacation to regular residence, or vice versa or Residential

Units that are found to be vacant.

c. Thereafter on January 1, 2017 (the billing quarter), Collector shall invoice the

County based upon the Residential Unit count as adjusted in the previous

adjusting quarter. This sequence of adjusting quarterly one-month prior to billing

shall continue for the balance of the contract term or any extension hereof. The

County shall pay the Collector’s quarterly invoice within 30 days of receipt. The

Collector shall utilize separate vehicles for the collection of solid waste generated

from all other customers of Collector and will not co-mingle such waste with that

which is generated from residential property which is subject to the non-ad

valorem assessment. The County will weigh and maintain records as to both

residential solid waste generated within unincorporated areas of Columbia County

and all other solid waste disposed of by the Collector at the County’s Solid Waste

Disposal Facility, including from non-residential properties within the County.

The Collector and the County shall have a continuing good faith obligation to

each other to update and correlate their records concerning the number of

Residential Units served and to make sure increases and decreases in the number

of Residential Units provided Basic Service are current and accurate. Whenever

the Collector determines there has been an increase or decrease in Residential

Units, it shall timely notify the County in writing and provide a current property

identification number from the ad valorem tax roll. Upon verification by the

County, an adjustment for each full calendar month Basic Service was provided

during the prior quarter shall be included at the time the next quarterly payment is

paid by the County.

2. Adjustments for Unusual Changes or Costs: The Collector may petition the County

for rate adjustments based on actual costs at reasonable times on the basis of unusual

changes in its cost of doing business, such as revised laws, ordinances or regulations and

changes in the location of disposal sites, and said request shall not be unreasonably

refused. The owner also reserves the right to negotiate equivalent change in the scope of

services based upon equivalent unusual changes in laws, ordinances, or regulations, and

the Collector shall not unnecessarily refuse to negotiate such changes in scope of work

and applicable rates, including reductions in same.

3. Franchise Fee: The Collector will pay twelve percent (12%) of its net revenue from

commercial and industrial billings (gross revenue less disposal) under this Agreement to

the County as franchise fees. Franchise fees are payable quarterly in arrears within thirty

(30) days of the end of each calendar quarter.

4. Indigent Service: The Collector will provide free service for up to two hundred (200)

indigent households designated by the Columbia County Manager.

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5. Delinquent Accounts: The County has undertaken the imposition of special

assessments to generate the revenue to pay for Basic Service. Accordingly, nodiscontinuance of Basic Service shall occur or be available as a remedy to the Collector

for non-payment of other services. In addition to any other remedies available to the

Collector, the Collector shall have the right to discontinue such other services for non

payment. The collection procedures for other than Basic Service shall be as follows:

a. Customers will be invoiced in advance of the 20th day of the month preceding the

start of the semi-annual calendar period.

b. Thirty (30) days after initial invoicing, any unpaid accounts will receive a follow-

up statement with a notification that a $3.00 late fee will be assessed if the

balance is not paid in full within ten (10) days.

c. Sixty (60) days after initial invoicing, a second statement will be sent notifyingthe customer that if payment in full is not received within ten (10) days, their

account will be converted to the Basic Service. The Contractor reserves the rightto pursue any lawful means to collect such unpaid balance.

d. Seventy (70) days after initial invoicing, any service being provided to the

customer other than Basic Service may be discontinued.

6. Rates for Residential Solid Waste and Yard Waste Service:

a. As part consideration by the Collector hereunder, the County shall pay theCollector the following sums for the following services, herein referred to as“Initial Rates:”

1) Residential Curbside Servicea) Basic Service $8.84 per month $26.52 per quarter.

b) In the event a customer elects to receive collection service in addition to theonce per week collection included in Basic Service, the County shall continueto pay Collector for the Basic Service referenced immediately above. Alldisposal costs are included in the rates for Basic Service and the Collectorshall charge such customers directly only for the following incrementalcollection rates for the second day of service for twice per week garbageservice which includes billing costs): $6.90 per month charge $41.40 persemi- annual charge. The County is responsible for all Residential CurbsideService tipping fees.

2) Residential Back Door service. The Collector may also provide backdoor service (any point of collection other than curbside) for those residentialcustomers that elect to or are entitled to receive it. Back door service will beprovided for garbage only. Service for yard waste, recyclable, and white

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goods will be collected curbside as provided in this Agreement. The service

charge for back door service will be $1 8.75 per month.

3) Vacation Home Rate. A vacation home rate will be allowed, ifrequested, for a residential unit, if the home owner can demonstrate that the

residential unit is used only as a part time residence and show proof ofownership and homestead on another piece of like property for out of County

and out of state residents or within Columbia County, Florida, other than the

property on which the vacation rate is requested. The vacation rate will be atone-half (1/2 the then existing rates as specified in this agreement. Additional

services will not be available for vacation homes.

4) Bulk Yard Debris. Contractor shall schedule pickup for bulk yard debris

when requested by a residential customer. Contractor shall direct bill the

customer at a rate of $2.75 per cubic yard. County shall be responsible for alltipping fees associated with bulk yard waste pickup.

7. Rates for Commercial Solid Waste and Yard Waste Service

a. Non-Mechanical Containerized Business: The rates of payment to the Collectorfor curbside service at each commercial establishment which generates less thantwo (2) 96-gallon carts of garbage and yard waste per week shall be: Up to two(2) 96-gallon carts of garbage and yard waste per week: $16.77 per month.

b. Mechanical Container Service: The monthly rates charged by the Collector formechanical container service at each commercial establishment shall include thecost of the container to the customer. Based upon cubic yard capacity of thecontainer and the number of collections per week, the rates shall be as shown inExhibit D.

c. Roll-Off Service: The rates to be charged for roll-off service shall be as shown inExhibit D.

d. Disposal Information: All solid waste shall be hauled to and disposed of at aplace or places to be provided by the County. As of October 1, 2016, Countycharges Collector fifty-two dollars ($52.00) per ton for each ton of Class I andthirty-seven dollars ($37.00) per ton for each ton of Class III solid waste collectedin the County and disposed of at the Columbia County Landfill. In the event thatan alternative disposal site is selected or disposal fees are increased at ColumbiaCounty Landfill the Collector shall be entitled to an increase in the rates specifiedin this Agreement to compensate the Collector for any increased transportationand disposal costs which result from such a change or price increase, as specifiedin Section IX, A-2 of this agreement. Such increase shall be implemented by theCounty at the same time the increased costs are being incurred by the Collector.County is responsible for all residential tipping fees.

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SECTION X: CONTRACT PERFORMANCE/PENALTIES/DEFAULT

A. Contract Performance.

1. Default: In the event Collector defaults in the performance of any obligations to be

performed by it hereunder, County shall give the Collector written notice of each material

default, specifying with Particularity the material default complained of. In the event that

Collector fails or refuses to cure a material default within thirty (30) days from receipt of

such notice, then County, may at its option, terminate this the Contract. In the Event of

default described herein Collector shall be liable to County for all damages including but

not limited to reasonable attorney’s fees and Court costs.

2. Liaison: County shall designate a County employee to act as a liaison between County

and Collector. Such person shall be authorized to work with Collector in the performance

by Collector of its obligations under the terms of the Contract, effect the settlement of

disputes arising under the Contract and, in general, to assist Collector in carrying out its

duties hereunder. Collector shall cooperate with such person in every reasonable way in

order to facilitate progress of the work contemplated by the Contract.

3. No Waiver of Claims: The failure of the County at any time to require performance by

the Collector of any provisions hereto shall in no way affect the right of the County

thereafter to enforce same, nor shall waiver by the County of any breach of provisions

hereof taken or held to be a waiver of any succeeding breach of such provision or as awaiver of any provision itself.

B. Complaints and Complaint Resolution.

I. Complaint Records: The Collector shall prepare and maintain a register of all valid

complaints and indicate the disposition of each complaint. Such record shall be availablefor inspection by the County during normal business hours. The form shall indicate the

day and hour on which it was received, and the day and hour which it was resolved.

2. Service Disputes: Any disagreements between residential customers and Collectorregarding service shall be finally decided by the County Manager or his/her designee

within ten (10) days after submittal of such disagreement by the Collector or customer.

C. Penalties.

1. Unless prior approved by the County, it shall be a violation and breach of contract if anyrefuse is disposed of in Columbia County landfill that was not collected in the normal

course of providing residential or commercial service provided for in these specifications.The penalty to be assessed for the first violation will be $1,000; for the second violation,

$5,000; and for the third violation, loss of Contract.

2. Other penalties will be assessed and paid by Contractor in accordance with Exhibit Cattached.

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SECTION XI: GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS

A. Permits and Licenses. The Collector shall obtain, at its own expense, all permits

and licenses required by law or ordinance and maintain the same in full force and effect.

B. Title to Waste: The County shall hold title and ownership to all recyclables

collected by the Collector.

C. Bonds and Sureties.

1. Contract Bond:

1.1 The Collector shall furnish a Contract Performance Bond in the form approved by the

County Manager and County Attorney as security for the performance of this Contract

with Columbia County. Said contract bond shall be in the amount of $1,000,000annually. Premium for the bond described above shall be paid by the Collector. This

bond shall be written in a surety company licensed to do business in the State of Florida

with A.M. Best Financial Rating of A or better for the most current calendar yearavailable.

1.2 Such security may be issued for a period shorter than the term of the Contract, but no less

than one year. If a bond is issued, it may be extended by continuation certificate

executed by the Surety, at the option of the Surety for an additional annual term. Neither

non-continuation by the Surety, nor failure, nor inability of the Contractor to file

acceptable replacement security shall constitute a loss recoverable under the bond.Failure of the Contractor to furnish and maintain adequate security shall be considered amaterial default by the contractor, but not the surety.

1.3 In the event of a default under this provision by the Contractor, the County, withoutterminating the Contract and in addition to other equitable, legal, and contractualremedies available to it, may withhold further payment for services until such time assecurity meeting the requirements of this Section is delivered by the Contractor andaccepted by the County.

2. Requirements as to Surety: The Surety or Sureties shall be a company or companiessatisfactory to the County. Any Surety shall be required to have a resident agent in the Stateof Florida and shall be duly licensed to conduct business therein.

B. Insurance Requirements.

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1. Collector: During the life of this Agreement, the Collector shall procure and maintain

insurance of the types and to the limits specified below, and provide the Owner with

certificates of insurance as evidence thereof. The County shall be an additional insured on

this insurance with respect to all claims arising out of the operations or work to be

performed. Cancellation or modification of said insurance shall not be effected without

thirty (30) days prior written notice to Owner. Except as otherwise stated, the amounts

ant types of insurance shall conform to the following minimum requirements:

Coverages Limits of Liability

Workmen’s Compensation Statutory

Employer’s Liability $1,000,000 each occurrence

Bodily Injury Liability $1,000,000 each occurrence

Except Automobile $2,000,000 aggregate

Property Damage Liability $1,000,000 each occurrence

Except Automobile $2,000,000 aggregate

Automobile Bodily Injury $1,000,000 each occurrence

Property Damage Liability $1,000,000 each occurrence

Excess Umbrella Liability $3,000,000 each occurrence.

2. Certificate of Insurance: Certificates of all insurance required from the Collector shall

be filed with the County and shall be subject to its approval for adequacy and protection.

Certificates from the insurance carrier stating the types of coverage provided, limits of

liability, and expiration dates, shall be filed in triplicate with the County before

operations are commenced. The required certificates of insurance shall not only name the

types of policies provided, but shall also refer specifically to this Agreement and section

and the above paragraphs, in accordance with which such insurance is being fumished,

and shall state that such insurance is being fumished and shall state that such insurance is

as required by such paragraphs of the Agreement. If the initial insurance expires, prior to

the completion of the work, renewal certificates shall be furnished in ten (10) days prior

to expiration, and shall state that such insurance is as required by such paragraphs of this

Agreement

3. Companies issuing the insurance shall have no claims against the County for payment of

premiums, assessments, or deductibles, which are the sole responsibility and risk of the

Contractor.

4. All insurance shall be maintained with companies holding an A. M. Best rating or A or

better; shall be licensed and permitted to operate in the State of Florida; and shall be in

good standing with the Florida Department of Insurance or similar agency.

E. Compliance with Laws and Regulations.

1. Laws and Ordinances: The Collector and the County agree to abide by all applicable

federal, state, county, and city laws, ordinances, rules, and regulations. The Collector will

indemnify and save harmless the County, all of its officers, representatives, agents, and

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employees against any claim or liability arising from or based on the violation of any

such laws, ordinances, rules or regulations by the Collector, his agents or employees.

Except as otherwise provided herein the County agrees to indemnify and save harmless

the Collector, all if its officers, representatives, agents, and employees against any claim

or liability arising from or based on the violation of any such laws, ordinances, rules or

regulations by the County, its agents or employees; provided, however, nothing herein

shall be interpreted by the parties or any third party that County waives its sovereign

immunity otherwise provided by law.

F. Notices: A letter addressed and sent by United States mail to either party at its

business address shown herein shall be sufficient notice whenever required for any purpose

under this Agreement.

G. Illegal Provisions: Except as otherwise provided herein should any provision of this

Agreement be declared illegal, void, or unenforceable, it shall be excised and the Agreement

modified to conform to the appropriate law. The remaining provisions of the Agreement shall

remain in full force and effect. In the event a court of competent jurisdiction determines the

County cannot require Contractor to dispose of the solid waste at a Columbia County facility

and Contractor disposes of the solid waste at a facility other than one directed by Columbia

County, then County may terminate this Contract upon 90 days written notice.

H. Financial Records: During the term of the contract, the Collector shall maintain full

separate financial records of the operation of this contract in accordance with generally

accepted accounting principles. These records and source documentation shall be made

available to the County or its designee from time to time for purposes of evaluating proposed

rate increases, franchise fee liability, or other areas of contract compliance.

I. Assignment: No assignment of this Agreement or any right under it shall be made in

whole or in part by the Collector without the prior written consent of the County. In theevent of assignment by the Collector, the assignee shall expressly assume the liability of the

Collector. The Collector shall not assign any moneys due under this Agreement without theprior written consent of the County.

J. Subcontracts: The Collector shall not sublet in whole or part its interest under thisAgreement without the prior written consent of the County, which consent shall not beunreasonably withheld. Consent to any subcontract shall not be construed as making theCounty a party of or to such a subcontract, or subjecting the County to liability of any kind toany subcontractor. No subcontract shall relieve the Collector of his liability and obligation toprovide service under this Agreement. In the event of subletting, the County shall deal onlywith the Collector.

K. Notice: A letter sent by United States Mail to a party listed below at its businessaddress with a return receipt requested, or hand-delivered with a signed receipt, shall besufficient notice upon receipt whenever required under this contract.

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Address for notice to the County: County Manager

Post Office Box 1529Lake City, Florida 32056-1529

386/758-1005

Address for notice to the Collector: Area Manager401 NW Waldo StreetLake City, FL 32055

L. Liaison: County shall designate a representative to act as a liaison between County and

Collector. Such person shall be authorized to work with Collector in the performance by

Collector of its obligations under the terms of the Agreement, the settlement of disputes arising

under the Agreement and, in general, to assist Collector in carrying out its duties hereunder.

Collector shall cooperate with such person in every reasonable way in order to facilitate progress

of the work contemplated by the Agreement.

M. Force Majeure: The Collector shall be excused from performance by a natural

catastrophe due to an act of God, including but not limited to a hurricane, flood or tornado, or

from a riot, war, strike, insurrection, governmental order or regulation, reasonable fine, or other

such contingency beyond the reasonable control of the Collector. If the Collector should be

unable for any cause to resume performance at the end of thirty (30) calendar days, the County

shall be free to negotiate with other entities for the operation of the collection service and to

terminate this Agreement.

N. Storms and Other Disasters: The work under the Contract does not include the

collection and disposal of any increased volume resulting from a flood, hurricane or other Act of

God or any other event over which Contractor has no control. In the event of such a flood,hurricane or other Act or event, the County may grant the Contractor variances in routes and

schedules as may be deemed necessary by Contractor. In addition, the County and theContractor may negotiate the amounts to be paid to Contractor for services to be performed as aresult of increased volumes resulting from such Act or event.

SECTION XII: REPRESENTATIONS BY COUNTY

County represents and warrants the following:

A. That the execution and delivery of this Agreement by the persons whose signatures areappended hereto constitutes the duly authorized act of County and, upon execution hereof, thesame shall constitute a valid and enforceable contract of County.

B. All acts necessary or proper to authorize the execution hereof have been duly performedby County in accordance with the laws, regulations, rules, ordinances and charter provisionsapplicable to the execution by County of a contract with a private entity.

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C. To the best of County’s knowledge, there are no laws, acts, rules or regulations

enacted, promulgated, issued or in effect which would or shall adversely affect the

performance by Collector of its obligations hereunder.

SECTION XIII: REPRESENTATIONS BY COLLECTOR

Collector represents and warrants that:

A. It is a corporation duly authorized and existing under the laws of the State of Florida

and is in good standing and is duly qualified to do business in the State of Florida.

B. That the execution and delivery hereof by Collector has been duly authorized by the

directors thereof after due notice in accordance with law, its certificate of incorporation and

bylaws and neither the execution and delivery thereof, nor compliance with the terms and

provisions hereof at the time such action is required: (i) requires the approval and consent of

any other party, except such as have been duly obtained; (ii) contravenes any existing law,

judgment, governmental rule, regulation, or order applicable to or binding on Collector; or

(iii) the charter or bylaws of Collector or any other agreement or instrument in existence on

the date of this agreement to which Collector is a party.

C. This Agreement constitutes the binding obligation of Collector.

D. Collector has not less than five (5) years experience in the containerized garbage

service.

E. There are no pending actions or proceedings before any court or administrativeagency to which Collector is a party, questioning the validity of this agreement or Collector’s

ability to perform its obligations under this agreement.

F. Collector is fully capable, financially and otherwise, to perform its obligations

hereunder.

G. During the entire term of this agreement, Collector shall maintain in a current status

an authorization to do business in the State of Florida and compliance with all other local,state and federal laws.

SECTION XIV: OFFICE

The Collector shall maintain an office within Columbia County. The office shall

have a responsible person in charge during collection hours and shall be open duringnormal business hours, Monday through Friday.

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SECTION XV: INDEMNITY

Collector (as indemnitor) shall indemnify, save and hold County, its officers and

employees, agents, successors and assigns (as indemnitee) harmless from and against and in

respect of any act, judgment, claim, domain, suit, proceeding, expenses, orders, action, loss,

damage, cost, charge, interest, fine, penalty, liability, reasonable attorney and expert fees, and

related obligations (collectively, the “claims”) arising from or related to any action, neglect or

omission of Contractor in its performance under the Agreement, whether direct or indirect

including but not limited to, liabilities, obligations, responsibilities, remedial actions, losses,

damages, punitive damages, consequential damages to third parties, treble damages, costs and

expenses, fines, penalties, sanctions, interest levied and other charges levied by other federal,

state and local government agencies on County by reasons of Contractor’s direct or indirect

actions. This indemnity will survive and remain in force after the expiration or termination of

the Agreement and is unlimited; provided, however that the indemnity is not intended to cover

claims against County arising out of County’s own negligence or intentional misconduct.

Nothing herein shall be interpreted by the parties or any third party that County waives its

sovereign immunity otherwise provided by law. For purposes of this section, the term County

shall include County, officers and its employees.

SECTION XVI: INTEGRATION

This written instrument constitutes the entire Agreement between the County and the

Collector. All prior and contemporaneous agreements and understandings, whether oral or

written, are without effect in the construction of any provision if they alter or otherwise vary any

term or condition set forth in this instrument.

SECTION XVII: RIGHT TO REQUIRE PERFORMANCE

The failure of the County at any time to require performance by the Collector of anyProvision of this Agreement shall in no way affect the right of the County thereafter to enforce

such provision. Nor shall waiver by the County of any material breach of any terms of thisAgreement be taken or held to be a waiver of any subsequent material breach of such term or as

a waiver of any provision of this Agreement.

SECTION XVIII: ILLEGAL AND INVALID PROVISIONS

Except as otherwise provided herein, should any provision of this Agreement be declaredillegal, void, or unenforceable, it shall be excised and the Agreement modified to conform to the

appropriate law. The remaining provisions of the Agreement shall remain in full force and effect.

In the event a court of competent jurisdiction determines the County cannot require Contractor todispose of the solid waste at a Columbia County facility and Contractor disposes of the solid

waste at a facility other than one directed by Columbia County, then County may terminate this

contract upon 90 days written notice.

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SECTION XIX: AMENDMENT

This Agreement may be altered, amended, or repealed oniy by a written

instrument signed by authorized representatives of the parties.

SECTION XX: LAW TO GOVERN

The laws of the State of Florida shall govern the validity, construction,

interpretation, and effect of this Agreement. Columbia County, Florida shall be the

exclusive venue for any legal proceeding concerning this Agreement.

SECTION XXI: GENERAL PROVISIONS

A. Assignment.1. The Contractor shall not assign any portion of the Agreement for services to be rendered

without written consent first obtained from the County and any assignment made contrary

to the provisions of this section may be deemed a default of the Agreement and, at the

option of the County shall not convey any rights to the assignee.

2. Any change in Contractor’s ownership shall, for purposes of the Agreement, be

considered a form of assignment. The County shall not unreasonably withhold its

approval of a requested change in ownership, so long as the transferee is of known

financial and business integrity for the undertaking and can conclusively demonstrate the

ability to perform all terms and conditions and obligations of this Ambulance Service

Agreement.

B. Product endorsement/advertising.

Collector shall not use the name of the County for the endorsement of any commercial

products or services or Collector’s logo or brand name without the expressed written permission

of the County. This shall not prevent Collector from informing third parties of Collector’s

contract with County and naming County as a business reference for Collector.

C. Warranty regarding consideration and procurement.

I. Collector warrants that it has not employed or retained any company or person other than

a bona fide employee working solely for the Collector to procure or solicit a agreement

under this procurement, and that it has not paid or agreed to pay any company or person,

other than a bona fide employee working solely for the Collector, any fee, commission,

percentage, brokerage fee, gifts, or other consideration contingent upon or resulting from

this procurement.

2. Further, Collector represents that its pricing has been independently arrived at without

collusion. It has not knowingly influenced and promises that it will not knowingly

influence a County employee or former County employee to breach any ethical standards.

It has not violated, and is not violating, and promises that it will not violate the

prohibition against gratuities and kickbacks.

3. Violation of this warranty shall constitute default of the resulting Agreement.

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D. Relationship of the parties.

Collector is an independent contractor. Nothing in the Agreement shall be construed to

create a relationship of employer and employee or principal and agent, partnership, joint venture,

or any other relationship other than that of independent parties contracting with each other solely

for the purpose of carrying out the provisions of the Agreement. Nothing in the Agreement shall

create any right or remedies in any third party, it being solely for the benefit of the County and

the Collector.

E. Agreement to pay attorney’s fees and expenses.

In the event either party should default under any of the provisions of this agreement and the

other party should employ attorneys or incur other expenses for the collection of amounts due or

the enforcement of performance or observance of any obligation or agreement on the part of

either party, the prevailing party shall recover from the other party the reasonable fee for such

attorneys and such other reasonable expenses and costs so incurred.

F. Execution counterparts.

This agreement may be simultaneously executed in several counterparts, each of which shall

be an original and all of which shall constitute and be one and the same instrument.

G. Binding effect.

This agreement shall inure to the benefit of and shall be binding upon the parties and their

respective successors and permitted assigns.

H. Severability.In the event that any provision of this agreement shall, for any reason, be determined to be

invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith

and agree to such amendments, modifications, or supplements of or to this agreement or such

other appropriate actions as shall, to the maximum extent practicable in light of such

determination, implement and give effect to the intentions of the parties as reflected herein, and

the other provisions of this agreement shall as so amended, modified, supplemented, or otherwise

affected by such action, remain in full force and effect.

I. Public records.The parties acknowledge County is a political subdivision of the State of Florida and is

required to comply with the Public Records Act of the State of Florida, Chapter 119. Florida

Statutes, and all other public entity provision required of the County as a political subdivision of

the State of Florida as provided by the Constitution and laws of the State of Ftorida. Collector

will maintain original or copies of its records regarding or arising out of this agreement for a

minimum of five (5) years after the termination of this agreement, and shall make such records

reasonably available to the County upon request.

J. Additional Covenants.

1. Contractor hereby agrees that it will not bring an action in any court or other forum

seeking to void, nullify, terminate or set aside this agreement on the grounds that the

agreement does not comply with the laws of Florida, including the Constitution of the

State of Florida as revised in 196$ and subsequently amended (the “Constitution”). For

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clarification, the parties agree that the foregoing is not an acknowledgment by either

party that this agreement does not comply with the laws of the State of Florida, including

the Constitution, and that the foregoing statement does not amend, modify or limit the

parties’ respective representations herein.

2. Notwithstanding anything in this Agreement to the contrary, neither party will be liable to

the other party for any indirect, incidental, loss of profits, punitive, exemplary, special

or consequential damages of any kind whatsoever arising out of or relating to this

Agreement to the extent and in the event a court of competent jurisdiction should declare

all or any material portion of this Agreement contrary to law or otherwise invalid.

K. Survival of Representations and Warranties.

All representations, warranties and indemnities, and the covenants and agreements to be

performed subsequent to the execution hereof by the parties contained in this agreement, or in

any document delivered in contemplation hereof shall survive the execution of this agreement

and the termination, either voluntarily or involuntarily, of this agreement.

L. Bid Documents Incorporated.

This agreement, to the extent applicable, shall include the terms, conditions, scope of work,

and specifications of County’s “Bid Project 2016-N” and Collector’s “2016-N Bid for Waste

Collection.” However, the foregoing agreement shall govern and take precedence in the event of

any conflict between the foregoing agreement and the “2016-N Bid for Waste Collection”

documents.

M. Performance in Case of Subsequent Award to Third Party.

Should Collector fail to prevail in a future procurement cycle, Collector shall agree to

provide all services required in and under this Agreement until the ending date of this Agreement

or any agreed extension of this Agreement. To insure continued performance fully consistent

with the requirements of this Agreement through any such period, the Collector shall continue all

operations and support services at the same level of effort and performance as were in effect

prior to the award of the subsequent agreement to a competing organization, and shall fully

cooperate with the County in providing non-proprietary data and information which will assist in

an orderly transition of the service to the new collector. Collector shall make no changes in

methods of operation which could reasonably considered to be aimed at cutting Collector’s

service and operating cost to maximize profits during the final stages of the Agreement.

However, County recognizes that if a competing organization should prevail in a future

procurement cycle, Collector may reasonably begin to prepare for transition of service to the new

collector. County shall not unreasonably withhold its approval of Collector’s request to begin an

orderly transition process, including reasonable plans to relocate staff, scale down certain

inventory items, etc., as long as such transition activity does not impair Collector’s performance

during this period.

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IN WITNESS WHEREOF, the Board has caused to be affixed hereto the signature of its

Chairman and the attestation of the Clerk of the Court together with its seal, and

has executed the same by its duly authorized officers

this day of ,2016.

COLUMBIA COUNTY, FLORIDA

By:

Bucky Nash, Chairman

Board of County Commissioners

ATTEST:

P. DeWitt Cason, Clerk of Courts

(SEAL)

APPROVED AS TO FORM AND LEGALITY:

Joel F. Foreman

County Attorney

WASTE PRO OF FLORIDA, INC.

By:

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EXHIBITS

Exhibit A Special Waste Definition

Exhibit B Request and Release form

Exhibit C Penalty Matrix

Exhibit D Commercial Service Rates

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EXHIBIT A

SPECIAL WASTE

Any waste meeting the description which follows is a “special waste”:

A. Chemical waste from a laboratory. (This is limited to discarded containers of laboratory

chemicals, lab equipment, lab clothing, debris from lab spiiis or cleanup and floor sweepings.)

B. Articles, equipment and clothing containing or contaminated with polychlorinated

biphenyls (PCBs) . (Examples would be: PCB capacitors or transformers, gloves or aprons from

draining operations, empty drums that formerly held PCBs, etc.

C. PCB drainings and flushings removed from PCB articles and placed directly into

transport containers.

P. “Empty” containers of waste commercial products or chemicals. (This applies to a

portable container which has been emptied, but which may hold residuals of the product or

chemical. Examples of containers are: portable tanks, drums, barrels, cans, bags, liners, etc. A

container shall be determined RCRA “empty” according to the criteria specified at 40 C.f.R.

s261 .7.)

I. Asbestos containing waste from building demolition or cleaning. (This applies to

asbestos-baring waste insulation materials, such as wall board, wall spray coverings, pipe

insulation, etc.

F. Commercial products or chemicals: Off-specification, outdated, contaminated or banned.

(This also includes products voluntarily removed from the market place by a manufacturer or

distributor, in response to allegations of adverse health effects associated with product use.)

G. Residue and debris from cleanup spills or releases of a single chemical substance or

commercial product or a single waste which would otherwise qualify as a miscellaneous special

waste.

H. Infectious waste. (Any waste from a hospital, medical clinic, nursing home, medical

practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory,

university medical laboratory, etc., that is contaminated with or may be contaminated with an

infectious agent that has the potential of inducing infection.)

I. Animal waste and parts from slaughterhouses or rendering plants.

J. Waste produced by the mechanical processing of fruit, vegetables or grain. (This includes

such wastes as rinds, hulls, husks, pods, shells, and chaff.)

K. K. Pumpings from septic tanks used exclusively by dwelling units. Single family

homes, duplexes, apartment buildings, hotels or motels.)

L. Sludge from a publicly owned sewage treatment plant serving primarily domestic users.

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M. Grease trap wastes from residences, restaurants, cafeterias not located at industrial

facilities.

N. Washwater wastes from commercial car washes.

0. Washwater wastes from commercial laundries or laundrornats.

P. Chemical-containing equipment removed from service. (Examples: Cathode ray tubes,

batteries, fluorescent light tubes, etc.)

Q. Waste produced from the demolition or dismantling of industrial process equipment or

facilities contaminated with chemicals from the process.

R. Closed cartridge filters from dry cleaning establishments. (Such filters being used to filter

used dry-cleaning fluids or solids.)

S. Containerized Waste. To include, but not be limited to a drum, barrel, portable tank, box

or pail.

T. Waste transported in a bulk tanker.

U. Liquid waste. For purposes of this paragraph, liquid waste means any waste material that

is determined to be or contain “free liquid” by the paint filter test (EPA Method 9095).

V. Sludge Waste.

W. Waste from an industrial process. Waste which requires special handling.

X. Waste from a pollution control process.

Y. Residue or debris, from the cleanup of a spill or release of chemical substances,

commercial products or wastes listed in paragraphs (s) through (x) of this definition.

Z. Soil, Water, Residue, or Debris. Articles which are contaminated from the cleanup of a

site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or

disposal of wastes listed in paragraphs (s) through (y) of this definition.

AA. Residential Wastes. Only if a rule issued pursuant to Chapter 403, Florida Statutes as

amended by Chapter 88130, Laws of Florida, or a change in law, .statute, regulation, rule, code,

ordinance, permit, or permit condition occurs after the Effective Date of this Agreement,

requiring material additional management that differs from the requirements applicable on the

Effective Date of this Agreement.

BB. Waste Tires.

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EXHIBIT B

REQUEST AND RELEASE FORM

I do hereby request to utilize the privately maintained road onmy property to perform curbside garbage collection.

This authorization is based upon my understanding of the type and weight of the equipment to be

Utilized to perform said collection. Furthermore, I hereby release and save harmlessfrom all responsibility relating to damage of my

pavement or other driving surface resulting from the size or weight ofvehicles.

The signature below represents the lawful owner of private property located at

in Columbia County, Florida.

Date:

Waste Pro of Florida, Inc.

By:

Title:

Property Owner

Print Name:

Page36

JFF 1June21, 2016

EXHIBIT C

ROADWAY DAMAGE

The Collector shall supervise its employee’s in such a manner to prevent vehicles from

driving off of and damaging County maintained roadways. For the purpose of this

section, the County Manager may levy administrative charges for repetitive legitimate

complaints, and said charges shall be equal to the actual cost incurred by the County as a

result of such complaints.

SPILLAGE

The Collector shall maintain equipment in good working order to prevent leachate

spillage in front of residential units. for the purpose of this section, the County Manager

may levy administrative charges for repetitive legitimate complaints, and said charges

shall be equal to the actual cost incurred by the County as a result of such complaints.

Violation Penalty

Failure to return containers to designated $5 per instance for second or more similarlocations and replace lids, incident at same residence.

Failure or neglect to correct chronic problems $25 per instance for third or more similar

in any category. incident at same residence.

Failure to submit reports to Landfill Director $100 per day.on time.

Failure to clean up spilled refuse. $10 per instance at first or more similarincident at same residence.

failure or neglect to collect refuse from any $25 per instance at first or more similarpremises within 24 hours from scheduled incident at same residence.date.

failure or neglect to notify citizens of $10 per residence not notified.substantial change in route.

Leachate from compaction on roadway due to $100 per instance and immediate removal ofleaking truck. truck from service.

Page37

JFF 1June21, 2016

EXHIBIT D

COMMERCIAL SERVICE RATES

Commercial Solid Waste Collections Per Month:

a. For Commercial Solid Waste Collections Per \Veek:

I Time 2 Times 3 Times

N/A N/ASmall $16.77

2 yard$43.13 $86.25 $129.38

4 yard$86.25 $172.51 $258.76

6 yard$129.38 $258.76 $388.14

8 yard$172.51 $345.01 517.52

b. For Industrial Solid Waste Collection:

Prices for Permanent Roll Off (Base Prices)

)eivery/Install Rental Cost Disposal Cost Per Pull Cost

Cost

2 yard

stationary $55/per hour $200/ Month N/A N/Acompactor

40 yard

receiver$55/per hour $150/ Month $52/Ton $180

container

30 yard self

contained$55/ per hour $325/ Month $52/ Ton $200compactor

2t) yard open

top container $75.00 $75/ Month $52/Ton $165

30 yard open

$165top container $75.00 $85/ Month$52/Ton

40 yard open$75.00 $100/ Month $52/Ton $165top container

Page3$

JFf 1June21, 2016

Prices For Temporary Roll Off

Delivery Cost Rental Cost Disposal Cost Per Pull Cost

20 yard open $52/Ton MSW

top container $75 $20 per week $37/Ton C&D $165

30 yard open $52/Ton MSW

top container $75 $20 per week $37/Ton C&D $165

40 yard open $52/Ton MSW

top container $75 $20 per week $37/Ton C&D $165

Page

39

c. For County Services (prices are per month):

1) Detention Center (8 yard) 5X Week $ 862.54

3) Courthouse (4 yard) 3X Week $ 258.76

) Animal Shelter (8 yard) 2X Week $345.01

5) Agricultural Extension (8 yard) 2X Week $345.01

6) ft. White Sports Complex (8 yard) IX Week

7) Southside Rec Complex (3) (6 yard) 1X Week $388.14

8) Emergency Operation Center (4yard) IX Week $ 86.25

9) Supervisor of Elections (2 yard) IX Week $ 43.13

10) Courthouse Annex (8 yard) 2X Week $ 345.01

1 1) Sheriffs Office (6 yard) IX Week $129.38

12) Fire Station #43 (2 yard) IX Week $43.13

13) Fire Station #46 (4 yard) IX Week $ 86.25

14) Fire Station #48 One Can I X Week $ 16.77

15) fire Station #49 One Can IX Week $ 16.77

16) Main Library (2 Yard) IX Week $ 43.13

17) West Branch Library (2 Yard) I X Week $43.13

1 8) fire Station #50 One Can I X Week $ 16.77

19) Fire Station #51 One Can I X Week $ 16.77

20) Fire Station #45 (4 yard) I X Week $ $6.25

21) Fire Station #42 One Can 1 X Week $ 16.77

22) Mason City Community Center (4 yard) I X Week $ 86.25

23) Deep Creek Community Center (2 yard) I X Week $ 43.13

24) Winfleld Community Center (4 yard) 1 X Week $ $6.25

25) Springfield Community Center (4 yard) 1 X Week $ $6.25

26) Lulu. Community Center (2 yard) I X Week $ 43.13

27) Bethlehem Community Center (2 yard) I X Week $ 43.13

28) Westside Community Center (8 yard) I X Week $ 172.51

40

29) Ft. White Community Center (4 yard) I X Week $ $6.25

30) Richardson Park (2 yard) I X Week $ 43.13

31) Annie Mattox Park (8 yard) I X Week $ 172.51

32) Rum Island Park (2) (8 yard) 1 X Week $ 345.01

33) Watertown Lake (2 yard) I X Week $ 43.13

41

______________________________________________________________________________________________________

BOARD OF COUNTY COMMISSIONERS • COLUMBIA COUNTY

AGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 5:30 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: June 29, 2016 Meeting Date: July 7, 2016

Name: Scoft Ward Department: Administration

Division Manager’s Signature:

1. Nature and purpose of agenda item: Requesting approval for the refunding of the County’s Gas Revenue Bond,

Series 2013, and the borrowing of an additional $3.5 million in new money for transportation projects.

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? LI N/A

LI Yes Account No.

LI No Please list the proposed budget amendment to fund this request

Budget Amendment Number:___________________

FROM TO AMOUNT

For Use of County Manger Only:

Consent Item L4’Discussion Item

G15Gollahon Financial Services, Inc.4125 Bayshore Blvd. N.E.

St. Petersburg, FL 33703

June 29, 2016

Chairman and Board of County CommissionersColumbia County, Florida135 N.E. Hernando Avenue, Suite 203Lake City, FL 32055

Ladies and Gentlemen:

On April 7, 2016, the Board approved the refunding of the County’s Gas Revenue Bond, Series 2013(the SunTrust Bank loan) and the borrowing of an additional $3.5 million of new money fortransportation projects. The 2013 loan has a 1.33% interest rate, a principal balance of $2,462,655 anda final maturity of July 1, 2020. It is secured by a pledge of the County’s first two cents of the LocalOption Gas Tax and a non-ad valorem revenue pledge. The 2013 loan can be prepaid afier July 1, 2016without penalty. The refunding of the 2013 loan and the new money will be funded by a single 2016loan with a final maturity of July 1, 2026 and with the same revenue pledges as the 2013 loan.

On June 10, 2016, a Request for Proposals was sent to 26 local, regional and national banks. Five bankssubmitted proposals on June 28, 2016. Interest rates ranged from 1.50% to 2.08% with the prepaymentprovisions ranging from anytime without penalty to a “make whole” provision (see attached summary).On June 28th

Mr. Scott, Mr. Ward, Ms. Beard and I discussed the proposals on a conference call. Weagreed that Hancock Bank’s proposal (attached) best serves the needs of the County and we recommendthe acceptance of their proposal.

Hancock Bank’s 1.50% interest rate and total debt service were the lowest and their prepaymentprovision was among the most favorable. The 2013 loan is being refunded so the new loan can beextended 6 years without increasing the annual debt service payments. The cost of refunding the 2013loan, including a prorata share of the 2016 loan expenses, is approximately $24,000.

If you should have any questions or requests, please email or call me at 727-687-4125.

Sincerely,

Gollahon Financial Services, Inc.

Jim Gollahon, MBA, CPARegistered Municipal financial Advisorj im(Z1gollahonfinancial .com

cc: Ben Scott, County ManagerScott Ward Assistant County ManagerDanielle Beard, Finance Director

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emHancock Bank

PUBLIC FINANCE DEPARTMENT

Via E-Mail

June 28, 2016

Honorable Board of County CommissionersColumbia County, Florida

C/o Mr. Scott Ward (via e-mail)Assistant County ManagerColumbia County, Florida135 N.E. Hernando Avenue (Suite 203)Lake City, Florida 32055

C/o Mr. Jim Gollahon (via e-mail)Financial Advisor to the CountyGollahon Financial Services, Inc.4125 Bayshore Blvd.St. Petersburg, Florida 33703

Re: Columbia County RFP dated June 10, 2016

$6,000,000 maximum Tax-Exempt Bank Qualified Bank Loan (the “Bond’)

Please accept this letter as a commitment of Hancock Bank (Whitney Bank doing business as

Hancock Bank) or the ‘Bank’ to purchase the above captioned Bond upon the terms and conditions

outlined below:

Issuer: Columbia County, Florida.

Amount: $6,000,000 maximum aggregate principal in the form of a Gas Tax Revenue Refunding

Bond, Series 2016 (the “Bond” or “Series 2016 Bond”) of the Issuer.

Purpose of Issue: Proceeds of the Series 2016 Bond will be used to current refund (approximately

$2,464,000) the County’s Gas Tax Revenue Bonds, Series 2013 (the “Refunded Bonds”), provide

new money to fund transportation capital projects (approximately $3,500,000), and pay the cost of

issuance related to the financing (collectively the “Project”).

Authority for Issue: Provisions of the Florida Constitution, Chapter 125, Florida Statutes, Section

336.025, Florida Statutes, Ordinance No. 86-6, enacted August 7, 1986, as amended and

supplemented by Ordinance Nos. 89-4, 99-8 and 2008-27 (the “Ordinance”) and any other valid

constitutional and statutory authority.

Dated Date of Bond - Date of Delivery

1 13 Designer Circle iDothDn, AL 36303334-792-8422 / Fox 334-792-8D4 / loll Free 1888)516-7373

Columbia County— $6,000,000 Revenue Bond

Page 2

Form of Certificates: The Bond will be issued as a single typewritten or printed certificate, in fully

registered form.

Interest Rate & Term: Pursuant to the County’s Request for Proposal (REP) we are offering the

following interest rate and term:

Fixed Rate Option (Bank Qualified):

Fixed Rate option — fully funded ** on the day we close the loan as outlined below:

AnnualTerm # Interest Rate #

10 year term approximately

— fully amortized 1.50% (Bank qualified tax exempt)

** The Issuer would fully fund the loan on the day we close the loan.

# The quoted fixed interest rate is contingent upon the County accepting our proposal by no later than 10 daysfrom the date of this letter. lithe County accepts our proposal by the stipulated time, we will hold the above

referenced fixed interest rate firm, provided that the Bond is closed (fully funded) no later than 30 days fromthe date of this proposal. Based on your REP (estimated closing date of July 13th) the 30 day time frameshould provide more than adequate time to “lock-in” the interest rate. Should the Bond not be funded withinthe 30 day time frame a different rate could apply, which would be based upon the same pricing methodologywe used to calculate the above referenced fixed interest rate.

## Our pricing is based on the estimated amortization of principal that the County presented in its REP.We realize that the final amortization schedule could change slightly in order to better meet the County’sneeds and therefore we are open to some changes in this proposed amortization structure; however ourpricing is based on the final amortization of principal not having an average life that exceeds 5.40 years.

Should the final amortization have an average life that exceeds 5.40 years, our rate would be higher thanthat offered above.

Interest and Principal Payments: interest would be calculated on a 30 over 360 day basis. Principal

and interest would be payable quarterly (approximate level debt) commencing October 1, 2016. The

last quarterly payment would be due on July 1, 2026 as outlined in the County’s REP.

The loan would be structured such that minimum principal denominational units are in units of one

thousand ($1,000.00) or multiples thereof.

2

Columbia County — $6,000,000 Revenue BondPage 3

Prepayment Provisions: The principal may be prepaid in whole on any date with 10 days advance

written notice to the Bank without prepayment penalty. Principal may be prepaid in part on any

principal payment date (each January 1, April 1, July 1, or October 1) with 10 days advance written

notice to the Bank without prepayment penalty, provided that the County pays all accrued interest

which shall have accrued to the date of prepayment and provided further that any principal

prepayments shall be in multiples of one-thousands ($1 ,000.00). Prepayments shall be deemed to

apply to those principal installments with the latest maturities of the Bond in inverse order.

Credit Approval: Already approved.

Security: The Series 2016 Bond would be secured by a first lien pledge of the “Pledged Funds”. The

Pledged Funds would consist of the “Gas Tax Revenues” and until applied in accordance with the

provisions of the authorizing resolution (the “Authorizing Resolution”), all moneys, including

investments thereof, in the funds and accounts established under the Authorizing Resolution. The

Gas Tax Revenues would consist of a first and prior lien pledge of the County’s first two cents of its

one through six cents local option fuel tax (LOFT) levied pursuant to Section 336.025, Florida

Statutes, and the County’s Ordinance (previously defined).

We understand that, other than the pledge toward the Refunded Bonds (which will be fully released

when the Refunded Bonds are discharged through the issuance of the Series 2016 Bond), the Gas

Tax Revenues are not otherwise pledged. We further understand that at this time the County has no

plans to issue additional debt secured by the Gas Tax Revenues. Our offer is subject to those

understandings being indeed factual.

Pursuant to the County’s RFP, the County would additionally secure the Series 2016 Bond by

agreeing to “covenant to budget and appropriate” (CBA) legally available non-ad valorem revenues

from all legally available sources whatsoever in order to meet its debt service requirement on the

Bond should it be necessary. Such “covenant to budget and appropriate” would be subject only to

the payment of debt secured by a lien on specific non-ad valorem revenues and the requirement

that the County fund essential governmental services (the County will not otherwise be entitled to fail

to budget and appropriate debt service in order to balance its budget). Such covenantto budget and

appropriate shall be cumulative to the extent not paid, and shall continue until such non-ad valorem

revenues in amounts sufficient to make all such required payments shall have been budgeted,

appropriated, deposited, and actually paid. The covenant to budget and appropriate in the manner

stated herein shall have the effect of making revenues available for payment of principal and interest

on the Bond, and placing on the County a positive duty to appropriate and budget necessary

amounts sufficient to meet its obligations under the Bond.

Our offer is further subject to the County agteeing to extend its two-cents gas tax beyond the current

expiration date of December31, 2023 (see Ordinance No. 2008-27). The County would covenant

the Series 2016 Bond Documents) to extend the two-cents levy prior to December 31, 2023. The

extension of the two-cents gas tax would need to extend at least for a period of time that is equal to

or greater than the final maturity of the Series 2016 Bond (final maturity is July 1, 2026) and the

County would be required to notify the Bank when that extension has been put into effect.

3

Columbia County — $6000000 Revenue BondPage 4

Additional Debt: As long as the Series 2016 Bond remains outstanding the County could not issue

debt secured by a superior pledge (to our lien) of the Gas Tax Revenues. However, the County

could issue additional debt security by a parity” pledge of the Gas Tax Revenues, provided it meets

an “additional bonds test” (ABT) of 1 .50 times the maximum annual debt service on all of its parity

debt, including any new proposed debt secured by the Gas Tax Revenues. We would require that

the County provide to the Bank a certiticate verifying that it is meeting this ABT requirement

whenever (should it) it issues additional parity debt in the future secured by the Gas Tax Revenues.

Required Accounts and Flow of Funds: We would not require the County to set up a Reserve Fund

account for this loan. However, the County would be required to set up certain other funds and

accounts in conjunction with this financing. More specifically, in addition to the “Construction Fund”

described in the draft resolution to the County’s REP, the County would be required to setup a Debt

Service Fund which would consist of four(4) accounts: the Revenue Account, the Payment Account,

Redemption Account and Rebate Account. The County would make monthly proportionate deposits

from the Revenue Fund into the Payment Account to meet each month’s proportional accrual of the

next interest and principal payment coming due.

The County would covenant to deposit into the Payment Account sufficient non-ad valorem

revenues (from the CBA) to meet the Bond’s debt service requirement should funds from the Gas

Tax Revenues not be sufficient to meet the County’s upcoming debt service on the Bond.

Documentation: All documentation would need to be acceptable to the Bank and “Bank Counsel”.

The Bank and Bank Counsel would need to review and approve all documentation prior to adoption

and/or acceptance by the Issuer’s Board. We understand that Bond Counsel will be Nabors, Giblin

& Nickerson, PA. Bond Counsel would draft the loan documents and issue the customary legal and

tax opinions. Based on this, the role of ‘Bank Counsel” would be limited to that of a “review

function” only. We have outlined the cost of Bank Counsel in the paragraph captioned “Closing

costs, fees and expenses” presented below.

Additional Terms and Conditions:* All legal and tax opinions would be addressed to the Bank and be in a form and substance

acceptable to the Bank.

* We would require that Bond Counsel issue a defeasance or discharge opinion (as the case may

be) related to the paying off in full of the Refunded Bonds. Also, we would want written assurances

(satisfactory to the Bank and Bank Counsel) that sufficient provision has been made to pay off in full

the Refunded Bonds. Given that this is a current refunding of the Refunded Bonds which are being

held at another bank (SunTrust), we would want an Estoppel letter and receipt for payment

acceptable to the Bank in form and content.

* The County would warrant in the loan documents that the Pledged Revenues are not currently

pledged to any other debt except to the Refunded Bonds.

* Prior to funding the Series 2016 Bond the County’s Financial Advisor would furnish to us a final

“Sources and Uses” of funds statement, based on the final numbers.

4

Columbia County — $6,000,000 Revenue BondPage 5

* Prior to closing the Bond the County would provide to the Banka certificate to the effect that I) the

financial statements were prepared in accordance with GAAP and fairly present the financial

condition of the County as of their date and ii) since the date of the information presented in the

2015 audit (latest audit available at this time) there has been no material adverse change in the

financial condition of the County or the Pledged Revenues.

* We would require that the interest rate on the loan be “grossed up” and applied retroactively to the

date of any event of taxability should it be determined by the Internal Revenue Service that the tax

status of the Bond has changed due to the actions or inaction of the Issuer. Such “gross up” would

not exceed any statutory limit imposed by the State of Florida and would be equal to the tax

equivalent yield as originally contemplated by the Bank.

* Provision would be made for a “default interest rate” equal to 6% or any statutory interest rate

limitation imposed by the State of Florida, whichever is less.

* The loan documentation would define standard events of default as are customary for this type of

transaction and would provide reasonable remedies to the Bank in the event of default under the

loan documents. The County would reimburse the Bank (or its agent e.g., receiver, trustee, etc.)for

all reasonable legal and collection costs to exercise its remedies or collect its payments for the loan

in the event of default.

* Hancock Bank’s remedies could be exercised independently of all other series of debt obligations

of the County and would require no noteholders or creditors approvals to exercise such remedies in

the event of default.

* The County would provide immediate written notice to the Bank in the event of default.

* lithe County would not accept acceleration as a condition for this loan, we would want to insure

that provisions are made such that no other obligations (whether current or future) secured by the

Pledged Revenues be allowed to accelerate their loan(s) to the County unless Hancock Bank were

allowed to accelerate its loan.

* The County would provide to the Bank (at no cost) the following information: a copy of its audited

financial statement annually (automatically within 270 days after fiscal year end), annual operating

budgets (if requested by the Bank), and such other financial information as the Bank may

reasonably request.

* The County would covenant to diligently enforce and collect the fuel taxes and take all steps,

actions, and proceedings necessary to remain eligible to receive the various distributions of fuel

taxes and for the enforcement and collection of such revenues. The County would covenant that as

long as the Series 2016 Bond shall remain outstanding and unpaid, or payment thereof not duly

provided for, it wilt levy and collect the pledged fuel taxes. The County would covenant to not repeal

its ordinances levying the 2 cents fuel tax revenues nor amend or modify its fuel tax ordinances in

any manner which would impair or adversely affect the power and obligation of the County to levy

and collect the fuel taxes or adversely affect in any manner the pledge of the fuel tax revenues

made pursuant to the Authorizing Resolution, or the rights of the holders of its Bond Obligations

(including the Series 2016 Bond) or the rate of the fuel taxes.

5

______

Columbia County — $6,000,000 Revenue BondPage 6

Closing costs, fees and expenses: The bank would charge no fees and assess no closing costs

for its own benefit. However, we would require the County to reimburse the Bank for Bank

Counsel” expense. Bank Counsel’s fee will not exceed $4,500 if its role is limited to a review”

function only. All other legal expense i.e., Bond Counsel, the County’s Local Counsel, and the

County’s Financial Advisor would be paid directly by the County — see the “Documentation”paragraph above for more detail.

Tax Status of the Bond: The quoted interest rate is predicated upon the Bond being designated as

a bank qualified obligation pursuant to Section 265(b)(3) of the Internal Revenue Service Code of

1986, as amended.

Delivery: As soon as possible after all approvals, but in any event the loan would be closed no later

than 30 days from the date of this proposal in order for us to hold firm the quoted fixed rate of

interest.

This proposal shall remain valid for a period of 30 days provided the County’s Governing Body

accepts this proposal within 10 days from the date of this letter.

Yours very truly,

HANCOCK BANK

By:Steven E. ColeSenior Vice PresidentPublic Finance Department

Hancock Bank” is a trade name used by Whitney Bank, a Mississippi chartered banking corporation, in providingproducts and services through its locations in Florida, Alabama and Mississippi. Any obligations incurred with regard tothis proposal would be payable to Whitney Bank.

6

______________ _________________

Columbia County — $6,000,000 Revenue BondPage 7

Accepted and Approved:

Columbia County has accepted this Financing Proposal from Hancock Bank and hereby selectsHancock Bank to finance the above referenced Project.

Approved and accepted: As of this the day of 2016.

Attest:

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Page-2

NGN Draft No.3 7/1/16214.10

COLUMBIA COUNTY, FLORIDA

GAS TAX REVENUE BOND RESOLUTION

NO. 2016R-14

ADOPTED JULY 7, 2016

TABLE OF CONTENTS

ARTICLE IGENERAL

PAGE

SECTION 1.01.SECTION 1.02.SECTION 1.03.SECTION 1.04.SECTION 1.05.

SECTION 1.06.

DEFINITIONS 1AUTHORITY FOR RESOLUTION 11RESOLUTION TO CONSTITUTE CONTRACT 11FINDINGS 11AUTHORIZATION OF REFUNDING THE REFUNDED BOND ANDTHE ACQUISITION AND CONSTRUCTION OF THE 2016PROJECT 12DESIGNATION FOR BANK QUALIFICATION 12

ARTICLE IIAUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS

SECTION 2.01.

SECTION 2.02.SECTION 2.03.SECTION 2.04.SECTION 2.05.SECTION 2.06.SECTION 2.07.

SECTION 3.01.SECTION 3.02.SECTION 3.03.SECTION 3.04.SECTION 3.05.

AUTHORIZATION AND DESCRIPTION OF BONDS; THE SERIES2016 NOTE 13APPLICATION OF SERIES 2016 NOTE PROCEEDS 14EXECUTION OF BONDS 15BONDS MUTILATED, DESTROYED, STOLEN OR LOST 15INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER 15ADJUSTMENTS TO INTEREST RATE 16FORM OF BONDS 17

ARTICLE IIIREDEMPTION OF BONDS

NOTICE OF REDEMPTION 23RESERVED 23PAYMENT OF REDEEMED BONDS 23PURCHASE OF BONDS BY ISSUER 23PERMITTED AND REQUIRED REDEMPTIONS OF THE SERIES2O16NOTE 23

ARTICLE IVSECURITY, SPECIAL FUNDS AND APPLICATION THEREOF

SECTION 4.01.SECTION 4.02.SECTION 4.03.SECTION 4.04.SECTION 4.05.SECTION 4.06.

BONDS NOT TO BE INDEBTEDNESS OF ISSUER 24SECURITY FOR BONDS 24CONSTRUCTION FUND 24FUND AND ACCOUNTS 25FLOW OF FUNDS 25REBATE ACCOUNT 26

SECTION 4.07. INVESTMENTS .26SECTION 4.08. SEPARATE ACCOUNTS 27

ARTICLE VCOVENANTS OF THE IS SUER

SECTION 5.01. BOOKS AND RECORDS 2$SECTION 5.02. ISSUANCE OF ADDITIONAL BONDS 2$SECTION 5.03 ANNUAL AUDIT 29SECTION 5.04. NO IMPAIRMENT 29SECTION 5.05. FEDERAL INCOME TAX COVENANTS 29SECTION 5.06. COLLECTION OF GAS TAX REVENUES 29SECTION 5.07. OTHER MONEYS 30SECTION 5.0$. WAIVER OF JURY TRIAL 30SECTION 5.09. ANNUAL BUDGET 30SECTION 5.10. COVENANT TO BUDGET AND APPROPRIATE 30SECTION 5.11. COVENANT TO EXTEND GAS TAX ORDINANCE 30

ARTICLE VIDEFAULTS AND REMEDIES

SECTION 6.01. EVENTS OF DEFAULT 32SECTION 6.02. REMEDIES 32SECTION 6.03. REMEDIES CUMULATIVE 32SECTION 6.04. WAIVER OF DEFAULT 33

ARTICLE VIISUPPLEMENTAL RESOLUTIONS

SECTION 7.01. SUPPLEMENTAL RESOLUTIONS 34

ARTICLE VIIIMISCELLANEOUS

SECTION 8.01. DEFEASANCE 36SECTION 8.02. SALE OF BONDS 37SECTION 8.03. NO ADVISORY OR FIDUCIARY RELATIONSHIP 37SECTION 8.04. VALIDATION AUTHORIZED 38SECTION 8.05. APPOINTMENT OF PAYMEN TAGENT AND REGISTRAR 38SECTION 8.06. SEVERABILITY OF INVALID PROVISIONS 38SECTION 8.07. REPEAL OF INCONSISTENT RESOLUTIONS 38SECTION $.0$. EFFECTIVE DATE 38

EXHIBIT A THE 2016 PROJECT

A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF COLUMBIA COUNTY, FLORIDA,AUTHORIZING THE ISSUANCE BY THE COUNTY OF A56,000,000 COLUMBIA COUNTY, FLORIDA GAS TAXREVENUE REFUNDING NOTE, SERIES 2016, IN ORDERTO REFUND THE COUNTY’S GAS TAX REVENUE BOND,SERIES 2013 AND FINANCE CERTAIN ADDITIONALTRANSPORTATION IMPROVEMENTS WITHIN THECOUNTY; PLEDGING THE MONEYS RECEIVED BY THECOUNTY FROM THE FIRST TWO CENTS OF THECOUNTY’S LOCAL OPTION GAS TAX IMPOSEDPURSUANT TO SECTION 336.025, FLORIDA STATUTESTO SECURE PAYMENT OF THE PRINCIPAL OF ANDINTEREST ON SAID NOTE; PROVIDING FOR THERIGHTS OF THE HOLDERS OF SAID NOTE; AWARDINGTHE SALE OF SAID NOTE; AND PROVIDING FOR ANEFFECTIVE DATE FOR THIS RESOLUTION.

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OFCOLUMBIA COUNTY, FLORIDA, AS FOLLOWS:

ARTICLE I

GENERAL

SECTION 1.01. DEFINITIONS. When used in this Resolution, the followingterms shall have the following meanings, unless the context clearly otherwise requires:

“Act” shall mean Chapter 125, Florida Statutes, Chapter 206 Parts I and II, FloridaStatutes, Section 336.025, florida Statutes, the Ordinance and other applicable provisions of law.

“Act of Bankruptcy” shall mean (1) the Issuer shall be adjudicated a bankrupt orbecome subject to an order for relief under federal bankruptcy law, (2) the Issuer shall instituteany proceedings seeking an order for relief under federal bankruptcy law or seeking to beadjudicated a bankrupt or insolvent, or seeking dissolution, winding up, liquidation,reorganization, arrangement, adjustment or composition of it or its debts under any law relatingto bankruptcy or insolvency, (3) there shall be appointed a receiver, liquidator or similar officialfor the Issuer under any law relating to bankruptcy or insolvency, or (4) without the application,approval or consent of the Issuer, a receiver, trustee, examiner, liquidator or similar official shallbe appointed for the Issuer, or a proceeding described in (2) above shall be instituted against theIssuer, and such appointment continues undischarged or such proceeding continues undismissedor unstayed for a period of thirty (30) consecutive days. The mere declaration of a state offinancial emergency under Section 2 18.503, florida Statutes, shall not, in and of itself, constitutean Act of Bankruptcy.

“Additional Bonds” means the obligations issued at any time under the provisions ofSection 5.02 hereof on a parity with the Series 2016 Note.

“Annual Debt Service” shall mean, at any time, the aggregate amount in the thencurrent Fiscal Year of (1) interest required to be paid on the Outstanding Bonds during suchfiscal Year, except to the extent that such interest is to be paid from deposits in the InterestAccount made from Bond proceeds, (2) principal of Outstanding Bonds maturing in such FiscalYear, and (3) any amortization installments designated with respect to such fiscal Year.

“Authorized Investments” shall mean any of the following, if and to the extent that thesame are at the time legal for investment of funds of the Issuer:

(1) (A) Direct obligations (other than an obligation subject to variation in principalrepayment) of the United States of America, (B) obligations fully and unconditionallyguaranteed as to timely payment of principal and interest by the United States of America, (C)obligations fully and unconditionally guaranteed as to timely payment of principal and interestby any agency or instrumentality of the United States of America when such obligations arebacked by the full faith and credit of the United States of America, or (D) evidences ofownership of proportionate interests in future interest and principal payments on obligationsdescribed above held by a bank or trust company as custodian, under which the owner of theinvestment is the real party in interest and has the right to proceed directly and individuallyagainst the obligor and the underlying government obligations are not available to any personclaiming through the custodian or to whom the custodian may be obligated (collectively, the“United States Obligations”).

(2) Federal Housing Administration debentures

(3) Obligations of the following government-sponsored agencies which arebacked by the full faith and credit of the U.S. government:

- Federal Home Loan Mortgage Corporation (FHLMC)Participation certificatesDebt obligations

- Farm Credit Banks (formerly: Federal Land Banks, federalIntermediate Credit Banks, and Banks for Cooperatives)Consolidated system-wide bonds and notes

- federal Home Loan Banks (FHL Banks)Consolidated debt obligationsLetter of credit (LOC)-backed issues

- Federal National Mortgage Association (fNMA)Senior debt obligationsMortgage-backed securities (excluded are stripped mortgagesecurities which are valued greater than par on the portion ofunpaid principal)

2

- Student Loan Marketing Association (SLMA)Senior debt obligations (excluding securities that do not have a fixed par valueand/or whose terms do not promise a fixed dollar amount at maturity or call date)

- Financing Corporation (FICO)Debt obligations

- Resolution Funding Corporation (REFCORP)Debt obligations

(4) Unsecured certificates of deposit, time deposits, and bankers’ acceptances (havingmaturities of not more than 30 days) of any bank the short-term obligations of which are rated‘A-i’ or better by S&P.

(5) Deposits the aggregate amount of which are fully insured by the Federal DepositInsurance Corporation (FDIC), in banks which have capital and surplus of at least $5 million.

(6) Commercial paper (having original maturities of not more than 270 days) rated‘A-i+’ by S&P and ‘Prime-i’ by Moody’s.

(7) Money market funds rated “AArn” or “AAm-G” by S&P, or better.

(8) “State Obligations,” which means:

A. Direct general obligations of any state of the United States of America orany subdivision or agency thereof to which is pledged the full faith and credit of a statethe unsecured general obligation debt of which is rated “A2” by Moody’s “A” byS&P, or better, or any obligation fully and unconditionally guaranteed by any state,subdivision or agency whose unsecured general obligation debt is so rated.

B. Direct general short-term obligations of any state agency or subdivision oragency thereof described in (A) above and rated “A-l+” by S&P and “Prime-l” byMoody’s.

C. Special Revenue Bonds (as defined in the United States Bankruptcy Code)of any state, state agency or subdivision described in (A) above and rated “AA” or betterby S&P and “Aa2” or better by Moody’s.

(9) Pre-refunded municipal obligations rated “AAA” by S&P and “Aaa” by Moody’smeeting the following requirements:

A. The municipal obligations are (i) not subject to redemption prior tomaturity, or (ii) the escrow agent therefor has been given irrevocable instructionsconcerning their call and redemption and the issuer of the municipal obligations hascovenanted or agreed not to redeem such municipal obligations other than as set forth insuch instructions;

3

B. The municipal obligations are secured by cash or United StatesObligations which may be applied only to payment of the principal of, redemptionpremium, if any, and interest on such municipal obligations;

C. The principal of and interest on the United States Obligations (plus anycash in the escrow) has been verified by a report of an independent certified publicaccountant to be sufficient to pay in full all principal of redemption premium, if any, andinterest due and to become due on the municipal obligations (“Verification”);

D. The cash or United States Obligations serving as security for themunicipal obligations are held by an escrow agent or trustee in trust for owners of themunicipal obligations;

E. No substitution of a United States Obligation shall be permitted exceptwith another United States Obligation and cash and upon delivery of a new Verification;and

F. The cash or United States Obligations are not available to satisfy any otherclaims, including those by or against the trustee or escrow agent.

(10) Repurchase agreements:

A. With any domestic bank with debt rated “AA” or better by S&P, or anyforeign bank rated at least “AA” by S&P and “Aa2” by Moody’s; provided the term ofsuch repurchase agreement is for one year or less.

B. With any broker-dealer with “retail customers” which has, or the parentcompany of which has, long-term debt rated at least “AA” by S&P and “Aa2” byMoody’s, which broker-dealer falls under the jurisdiction of the Securities InvestorsProtection Corporation (SIPC), provided that:

i. The market value of the collateral is maintained for United StatesTreasury Obligations at the levels shown below under “Collateral Levels forUnited States Treasury Obligations”;

ii. Failure to maintain the requisite collateral percentage will requirethe holder of such collateral to liquidate it;

iii. The Issuer or an independent third party acting solely as agent forthe Issuer has possession of the collateral or that the collateral has beentransferred to the Issuer or such third party in accordance with applicable stateand federal laws (other than by means of entries on the Repo entity’s books);

iv. The repurchase agreement shall state, and an opinion of counselshall be rendered, that the Issuer or such third party has a perfected first prioritysecurity interest in the collateral, any substituted collateral and all proceeds

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thereof (in the case of bearer securities, this means the Issuer or such third party isin possession);

v. The collateral is free and clear of any third-party liens or claims;

vi. An opinion is rendered that the repo is a “repurchase agreement” asdefined in the United States Bankruptcy Code;

vii. There is or will be a written agreement governing the transaction;

viii. The Issuer or such third party represents that it has no knowledgeof any fraud involved in the repo transaction; and

ix. The Issuer or such third party receives the opinion of counsel(which opinion shall be addressed to the Issuer) that such repurchase agreement islegal, valid, binding and enforceable upon the provider in accordance with itsterms.

(11) Investment Agreements with (A) a domestic bank the long-term debt of which israted at least “AA” by S&P and “Aa2” by Moody’s; or (B) a foreign bank the long-term debt ofwhich is rated “AAA” by S&P and at least “Aa2’ by Moody’s, or at least “AA” by S&P and“Aaa” by Moody’s; provided, that, by the terms of the Agreement:

A. Interest payments are to be made to the Issuer at times and in amounts asnecessary to pay debt service (or, if the agreement is for the construction fund,construction draws) on the Bonds;

B. The invested funds are available for withdrawal without penalty orpremium, at any time upon not more than seven days’ prior notice (which notice may beamended or withdrawn at any time prior to the specified withdrawal date); the Issueragrees that the Issuer shall give notice in accordance with the terms of the investmentagreement so as to receive funds thereunder with no penalty or premium paid;

C. The investment agreement shall state that it is the unconditional andgeneral obligation of, and is not subordinated to any other obligation of, the providerthereof;

D. A fixed guaranteed rate of interest is to be paid on invested funds and allfuture deposits, if any, required to be made to restore the amount of such funds to thelevel specified under this Resolution;

E. The term of the agreement does not exceed ten years;

F. The Issuer receives the opinion of counsel (which opinion shall beaddressed to the Issuer) to the effect that such investment agreement is legal, valid,binding and enforceable upon the provider in accordance with its terms;

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G. The investment agreement must provide that if during its term

(1) the provider’s rating by Moody’s or S&P falls below “A2” or “A”,respectively, the provider must, at the direction of the Issuer, within ten days ofreceipt of such direction, either (a) collateralize the investment agreement bydelivering or transferring in accordance with applicable state and federal laws(other than by means of entries on the provider’s books) to the Issuer or a thirdparty acting solely as agent for the Issuer United States Treasury Obligationswhich are free and clear of any third-party liens or claims at the Collateral Levelsset forth below; or (b) repay the principal of and accrued but unpaid interest onthe investment (the choice of (a) or (b) above shall be that of the Issuer), and

(ii) the provider’s rating by either $&P or Moody’s is withdrawn orsuspended or falls below “BBB+” or “Baa-i,” respectively, the provider must, atthe direction of the Issuer, within 10 days of receipt of such direction, repay theprincipal of and accrued but unpaid interest on the investment, in either case withno penalty or premium to the Issuer;

H. The investment agreement shall state and an opinion of counsel shall berendered that the Issuer or third party has a perfected first priority security interest in thecollateral, any substituted collateral and all proceeds thereof (in the case of bearersecurities, this means the Issuer or third party is in possession); and

I. The investment agreement must provide that if during its term

(1) the provider shall default in its payment obligations, the provider’sobligations under the investment agreement shall, at the direction of the Issuer, beaccelerated and amounts invested and accrued but unpaid interest thereon shall berepaid to the Issuer, and

(ii) the provider shall become insolvent, not pay its debts as theybecome due, be declared or petition to be declared bankrupt, etc. (“event ofinsolvency”), the provider’s obligations shall automatically be accelerated andamounts invested and accrued but unpaid interest thereon shall be repaid to theIssuer.

(12) Such other obligations as shall be permitted to be legal investments of the Issuerby the laws of the State.

(13) Units of participation in the Local Government Surplus Funds Trust Fundestablished pursuant to Part IV, Chapter 218, Florida Statutes.

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Collateral Levels for United States Treasury obligations

Remaining Maturity1 year 5 years 10 years 15 years 30 yearsor less or less or less or less or less

frequency of valuationDaily 102 105 106 108 114Weekly 103 111 112 114 120Monthly 105 117 120 125 133Quarterly 107 120 130 133 140

Valuation Requirements: For purposes of valuing collateral described in paragraphs (10) and(11) of the definition of “Authorized Investments”

(1) On each valuation date the market value (exclusive of accrued interest) of thecollateral will be an amount equal to the requisite collateral percentage of the obligation(including unpaid accrued interest) that is being secured;

(2) In the event the collateral level is below its collateral percentage on a valuationdate, such percentage shall be restored within the following restoration periods: one business dayfor daily valuations, two business days for weekly and monthly valuations, and one month forquarterly valuations; and

(3) The Issuer agrees to terminate the repurchase agreement or investment agreement,as appropriate, upon a failure to maintain the requisite collateral percentage after the restorationperiod and, if not paid by the counterpart in federal funds against transfer of the collateral,liquidate the collateral.

“Authorized Issuer Officer” shall mean the Chairman of the Board of CountyCommissioners of the Issuer, or his or her designee, and when used in reference to any act ordocument also means any other person authorized by resolution of the Issuer to perform such actor sign such document.

“Board” shall mean the Board of County Commissioners of the Issuer.

“Bond Counsel” shall mean Nabors, Giblin & Nickerson, P.A., or any other attorney atlaw or firm of attorneys, of nationally recognized standing in matters pertaining to the federal taxexemption of interest on obligations issued by states and political subdivisions, and dulyadmitted to practice law before the highest court of any state of the United States of America.

“Bondholder” or “Holder” or “holder” or any similar term, when used with referenceto a Bond or Bonds, shall mean any person who shall be the registered owner of any OutstandingBond or Bonds as provided in the registration books of the Issuer.

“Bond” or “Bonds” shall mean the Series 2016 Note and any Additional Bonds issuedpursuant to the provisions hereof

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“Business Day” shall mean any day other than (1) a Saturday or Sunday or a legalholiday on which banking institutions in Jacksonville, Florida are located are required orauthorized by law to remain closed or (2) a day on which the New York Stock Exchange isclosed.

“Chairman” shall mean the Chairman of the Board of County Commissioners of theIssuer, and such other person as may be duly authorized to act on his or her behalf

“Clerk” shall mean the Clerk of the Circuit Court and Ex-officio Clerk of the Board ofCounty Commissioners of the Issuer, and such other person as may be duly authorized to act onhis or her behalf.

“Code” shall mean the Internal Revenue Code of 1986, as amended, and the regulations,procedures and rules thereunder in effect or proposed.

“Construction Fund” shall mean the Columbia County, Florida Gas Tax RevenueBonds Construction Fund established pursuant to Section 4.03 hereof

“Cost” or “Costs,” as the same relates to a Project, to the extent permitted by the Act,shall mean (1) the cost of physical construction, reconstruction or completion, (2) the cost ofacquisition or purchase, (3) the cost of all labor, materials, machinery and equipment, (4) the costof land and interests therein, property rights, easements and franchises of any nature whatsoever,(5) the cost of any indemnity or surety bonds and premiums for insurance during construction,(6) all interest due to be paid on the Bonds and other obligations relating to such Project duringthe period of construction and for such period of time subsequent to completion of acquisitionand construction as the Board deems appropriate, (7) engineering, financial, legal and otherconsultant fees and expenses, (8) the cost of plans and specifications, construction plans, surveysand estimates of costs, (9) costs and expenses of audits, (10) payments, when due (whether at thematurity of principal or the due date of interest or upon redemption) on any interim or temporaryindebtedness incurred for any portion of such Project, (11) costs and expenses related to theissuance of the Bonds or other indebtedness related to such Project, and (12) any other costs andexpenses properly attributable to acquisition or construction of such Project, and such otherexpenses as may be necessary or incidental to the issuance of the Bonds; and shall includereimbursement to the Issuer or any other Person, for any moneys advanced for any costs incurredby the Issuer or such Person, in connection with any such items of cost. Any SupplementalResolution may provide for additional items to be included in the aforesaid Costs.

“Debt Service Fund” shall mean the Columbia County, Florida Gas Tax RevenueBonds Debt Service Fund established pursuant to Section 4.04 hereof.

“Default Rate” shall mean the lesser of 6% per annum or any statutory interest ratelimitation imposed by the State of Florida.

“Defeasance Obligations” shall mean (1) cash or (2) direct, noncallable obligations ofthe United States of America (“Government Obligations”).

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“Determination of Taxability” shall mean the circumstance of interest paid or payableon the Bonds becoming includable for federal income tax purposes in the gross income of theBondholders due to any act or inaction of the Issuer, including, without limitation, (a) the receiptby the Issuer or a Bondholder of an original or a copy of an Internal Revenue Service TechnicalAdvice Memorandum or Statutory Notice of Deficiency which holds that any interest payable onits Bond is includable in the gross income of such Bondholder; (b) the issuance of any public orprivate ruling of the Internal Revenue Service that any interest payable on such Bond isincludable in the gross income of the Bondholder; or (c) receipt by the Issuer or a Bondholder ofan opinion of Bond Counsel that any interest on the Bond has become includable in the grossincome of the Bondholder for federal income tax purposes. For all purposes of this definition, aDetermination of Taxability will be deemed to occur on the date as of which the interest on aBond is deemed includable in the gross income of a Bondholder. A Determination of Taxabilityshall not occur solely because such interest is taken into account in determining adjusted currentearnings for the purpose of the alternative minimum income tax imposed on corporations orinterest on the Bonds is treated as an indirect tax preference item under the Code.

“Event of Default” shall mean any Event of Default specified in Section 6.01 of thisResolution.

“Fiscal Year” shall mean the period commencing on October 1 of each year andcontinuing through the next succeeding September 30, or such other period as may be prescribedby law.

“Gas Tax Revenues” shall mean the revenues derived by the Issuer from the first twocents of the local option gas tax on motor fuel and special fuel authorized pursuant to Section336.025, florida Statutes, and imposed pursuant to the Ordinance.

“Issuer” shall mean Columbia County, Florida.

“Maximum Annual Debt Service” shall mean the largest aggregate amount of theAnnual Debt Service becoming due in any Fiscal Year in which Bonds are Outstanding,excluding all Fiscal Years which shall have ended prior to the Fiscal Year in which theMaximum Annual Debt Service shall at any time be computed.

“Moody’s” shall mean Moody’s Investors Service, and any assigns or successors thereto.

“Non-Ad Valorem Revenues” shall mean all revenues of the Issuer derived from anysource whatsoever, other than ad valorem taxation, and legally available to pay principal of andinterest on the Series 2016 Note, but only after provision has been made by the Issuer for thepayment of all essential or legally mandated services.

“Ordinance” shall mean Ordinance No. 86-6 of the Issuer, enacted August 7, 1986, asamended and supplemented by Ordinance Nos. 89-4, 99-s and 2008-27 of the Issuer, as the samemay be further amended and supplemented.

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“Outstanding,” when used with reference to Bonds and as of any particular date, shalldescribe all Bonds theretofore and thereupon being authenticated and delivered except, (1) anyBond in lieu of which another Bond or other Bonds have been issued under agreement to replacelost, stolen, mutilated or destroyed Bonds under Section 2.04 hereof, (2) any Bond surrenderedby the Holder thereof in exchange for another Bond or other Bonds under Section 205 hereof,(3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds canceledafter purchase by the Issuer in the open market or because of payment at or redemption prior tomaturity.

“Paying Agent” shall mean any paying agent for Bonds appointed by or pursuant to thisResolution and any other Person which may be substituted in its place pursuant to thisResolution.

“Payment Account” shall mean the separate account of the Debt Service Fundestablished pursuant to Section 4.04 hereof

“Payment Date” shall mean the dates for payment of principal and/or interest on theBonds as provided in Section 2.01 hereof.

“Person” shall mean an individual, a corporation, a partnership, an association, a jointstock company, a trust, any unincorporated organization or governmental entity.

“Pledged Revenues” shall mean (1) the Gas Tax Revenues, and (2) until applied inaccordance with the provisions of this Resolution, all moneys, including investments thereof, inthe funds and accounts (other than the Rebate Account) established hereunder.

“Project” shall mean the acquisition, construction and improvement of such propertiesas may be financed by Gas Tax Revenues pursuant to the Act, including the 2016 Project.

“Rebate Account” shall mean the separate account of the Debt Service fund establishedpursuant to Section 4.04 hereof.

“Redemption Account” shall mean the separate account of the Debt Service Fundestablished pursuant to Section 4.04 hereof

“Redemption Price” shall mean, with respect to any Bond or portion thereof, theprincipal amount or portion thereof, plus accrued interest through the date of payment.

“Refunded Bond” means the Issuer’s Gas Tax Revenue Bond, Series 2013.

“Registrar” shall mean any registrar for the Bonds appointed by or pursuant to thisResolution and its successors and assigns, and any other Person, which may at any time besubstituted in its place pursuant to this Resolution.

“Resolution” shall mean this Resolution, as the same may from time to time beamended, modified or supplemented by Supplemental Resolution.

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“Revenue Account” shall mean the separate account of the Debt Service fundestablished pursuant to Section 4.04 hereof.

“Series 2016 Note” shall mean the Issuer’s Gas Tax Revenue Refunding Note, Series2016, issued pursuant to the Resolution.

“S&P” shall mean Standard & Poor’s, a business of Standard & Poor’s financialServices LLC, and any assigns and successors thereto.

“State” shall mean the State of Florida.

“Supplemental Resolution” shall mean any resolution of the Issuer amending orsupplementing this Resolution adopted and becoming effective in accordance with the terms ofSections 7.01 hereof

“2016 Project” shall have the meaning set forth in Exhibit A attached hereto.

The terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof,” and any similar terms,shall refer to this Resolution; the term and “heretofore” shall mean before the date of adoption ofthis Resolution; and the term “hereafter” shall mean after the date of adoption of this Resolution.

Words importing the masculine gender include every other gender.

Words importing the singular number include the plural number, and vice versa.

SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adoptedpursuant to the provisions of the Act.

SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. Inconsideration of the purchase and acceptance of any or all of the Bonds by those who shall holdthe same from time to time, the provisions of this Resolution shall be a part of the contract of theIssuer with the Holders of the Bonds, and shall be deemed to be and shall constitute a contractbetween the Issuer and the Holders from time to time of the Bonds. The pledge made in thisResolution and the provisions, covenants and agreements herein set forth to be performed by oron behalf of the Issuer shall be for the equal benefit, protection and security of the Holders ofany and all of said Bonds. All of the Bonds, regardless of the time or times of their issuance ormaturity, shall be of equal rank without preference, priority or distinction of any of the Bondsover any other thereof except as expressly provided in or pursuant to this Resolution.

SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declaredthat:

(A) The Issuer has previously issued the Refunded Bond to finance certaintransportation-related capital improvements in and for Columbia County.

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(B) The Pledged Revenues are not pledged or encumbered in any manner, other thanthe repayment of the Refunded Bond.

(C) The Issuer desires to refund the Refunded Bond in order to achieve debt servicesavings, and to finance certain additional transportation improvements consisting of the 2016Project.

(D) The principal of, Redemption Price, if applicable, and interest on the Series 2016Note shall be paid from the Pledged Revenues. The Issuer shall never be required to use any advalorem taxes for the payment of the Series 2016 Note. The Series 2016 Note shall notconstitute a direct obligation of the Issuer or a pledge of its faith and credit, nor shall the Series2016 Noteholders have any lien or encumbrance on any property in the Issuer other than thePledged Revenues.

(F) Due to the present volatility of the market for tax-exempt obligations such as theSeries 2016 Note and the complexity of the transactions relating to such Bonds, it is in the bestinterest of the Issuer to sell the Series 2016 Note by a negotiated sale, allowing the Issuer to enterthe market at the most advantageous time and conditions, thereby permitting the Issuer to obtainthe best possible price and interest rate for the Series 2016 Note. The Issuer acknowledgesreceipt of the information required by Section 2 18.385, Florida Statutes, in connection with thenegotiated sale of the Series 2016 Note. A copy of the disclosure statement provided by theBondholder of the Series 2016 Note containing the aforementioned information has beenprovided under separate cover to the Issuer.

SECTION 1.05. AUTHORIZATION OF REFUNDING THE REFUNDEDBOND AND THE ACQUISITION AND CONSTRUCTION OF THE 2016 PROJECT.The Issuer hereby authorizes the refunding of the Refunded Bond and the acquisition andconstruction of the 2016 Project. Simultaneously with the delivery of the Series 2016 Note tothe purchaser thereof, the Issuer will refund and retire the Refunded Bond.

SECTION 1.06. DESIGNATION FOR BANK QUALIFICATION. The Issuerhereby designates the Series 2016 Note as a “qualified tax-exempt bond,” within the meaning ofSection 265(b)(3) of the Code, and hereby certifies that the Issuer does not reasonably expect toissue more than $10,000,000 in tax-exempt indebtedness, including the Series 2016 Note, incalendar year 2016.

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ARTICLE II

AUTHORIZATION, TERMS, EXECUTION ANDREGISTRATION OF BONDS

SECTION 2.01. AUTHORIZATION AND DESCRIPTION OF BONDS; THESERIES 2016 NOTE. This Resolution creates an issue of Bonds of the Issuer to be designatedas its ‘Columbia County, Florida, Gas Tax Revenue Refunding Note, Series 2016,” issued in theaggregate principal amount of $6,000,000. The Series 2016 Note is issued for the principalpurposes of refunding the Refunded Bond, financing the 2016 Project and paying certain costs ofissuance incurred with respect to the Series 2016 Note. The Series 2016 Note shall constitute a“Bond” for purposes of this Resolution. Additional Bonds shall have such terms as set forthherein and as established by Supplemental Resolution.

The Series 2016 Note shall be in the form of one registered Series 2016 Note in theprincipal amount of $6,000,000, which shall be dated July 12, 2016 and mature on July 1, 2026,shall be issued in fully registered form and shall bear interest from July 12, 2016. The Series2016 Note shall be issued initially in the denomination of $6,000,000.

The Series 2016 Note shall be payable as to interest and principal by check or draft of thePaying Agent, mailed to the owner of record thereof, or by bank wire or transfer as such ownermay specify in writing to the Issuer or otherwise as such owner and the Issuer shall agree, assuch owner shall appear on the registration books of the Issuer on the 15th day of the month priorto such Payment Date. The final payment of principal of and interest on the Series 2016 Noteshall be payable at the office of the Paying Agent, upon presentation and surrender of such Series2016 Note on the maturity date thereof or if such maturity date is a Saturday, Sunday or holiday,on the next succeeding business day, with interest accruing at the interest rate then due untilpayment is made. Principal of and interest on the Series 2016 Note shall be payable in any coinor currency of the United States of America which, on the date of payment, are legal tender forthe payment of public and private debts.

Interest on the Series 2016 Note shall accrue until payment in full of the Series 2016 Noteat the rate of 1.50% per annum, computed based on a 30 over 360 day basis, subject toadjustment from time to time as set forth in this paragraph and in Section 2.06 hereof, and shallbe payable quarterly on each January 1, April 1, July 1 and October 1 commencing on October 1,2016. Upon and during the continuance of an Event of Default the Series 2016 Note shall bearinterest at the Default Rate. Principal on the Series 2016 Note shall be payable on each January1, April 1, July 1 and October 1 commencing October 1, 2016, through and including July 1,2026 in the amounts set forth below, with the final such payment due July 1, 2026.

Dates Principal Payments10/01/2016 $142,00001/01/2017 140,00004/01/2017 140,00007/01/2017 141,00010/01/2017 141,000

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01/01/2018 142,00004/01/2018 142,00007/01/2018 143,00010/01/2018 143,00001/01/2019 144,00004/01/2019 145,00007/01/2019 145,00010/01/2019 146,00001/01/2020 146,00004/01/2020 147,00007/01/2020 147,00010/01/2020 148,00001/01/2021 148,00004/01/2021 149,00007/01/2021 150,00010/01/2021 150,00001/01/2022 151,00004/01/2022 151,00007/01/2022 152,00010/01/2022 152,00001/01/2023 153,00004/01/2023 153,00007/01/2023 154,00010/01/2023 155,00001/01/2024 155,00004/01/2024 156,00007/01/2024 156,00010/01/2024 157,00001/01/2025 158,00004/01/2025 158,00007/01/2025 159,00010/01/2025 159,00001/01/2026 160,00004/01/2026 161,00007/01/2026 161,000

SECTION 2.02. APPLICATION OF SERIES 2016 NOTE PROCEEDS.

The proceeds derived from the sale of the Series 2016 Note, shall, simultaneously withthe delivery of the Series 2016 Note to the purchaser thereof, be applied by the Issuer as follows:

(1) An amount of the Series 2016 Note proceeds shall be applied to thepayment of costs and expenses relating to the issuance of the Series 2016 Note.

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(ii) An amount of the Series 2016 Note proceeds sufficient to retire theRefunded Bond in full shall be applied for such purpose.

(iii) The balance of the Series 2016 Note proceeds shall be deposited into theConstruction Fund and used to finance the Cost of the 2016 Project.

SECTION 2.03. EXECUTION OF BONDS. The Series 2016 Note shall beexecuted in the name of the Issuer with the manual or facsimile signature of the Chairman andthe official seal of the Issuer shall be imprinted thereon, attested and countersigned with themanual or facsimile signature of the Clerk. In case any one or more of the officers who shallhave signed or sealed the Series 2016 Note or whose facsimile signature shall appear thereonshall cease to be such officer of the Issuer before the Series 2016 Note so signed and sealed hasbeen actually sold and delivered, such Bond may nevertheless be sold and delivered as hereinprovided and may be issued as if the person who signed or sealed such Bond had not ceased tohold such office. Any Series 2016 Note may be signed and sealed on behalf of the Issuer bysuch person who at the actual time of the execution of such Bond shall hold the proper office ofthe Issuer, although at the date of such Bond such person may not have held such office or maynot have been so authorized. The Issuer may adopt and use for such purposes the facsimilesignatures of any such persons who shall have held such offices at any time after the date of theadoption of this Resolution, notwithstanding that either or both shall have ceased to hold suchoffice at the time the Series 2016 Note shall be actually sold and delivered.

SECTION 2.04. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in itsdiscretion, issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolenor lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation ofsuch mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, andupon the Holder furnishing the Issuer proof of his ownership thereof and indemnity satisfactoryto the Issuer, and complying with such other reasonable regulations and conditions as the Issuermay prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered orotherwise substituted shall be canceled by the Registrar. If any of the Bonds shall have maturedor been called for redemption or be about to mature or be called for redemption, instead ofissuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon beingindemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrenderthereof.

Any such duplicate Bonds issued pursuant to this Section 2.04 shall constitute original,additional contractual obligations on the part of the Issuer whether or not the lost, stolen ordestroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled toequal and proportionate benefits and rights as to lien on the Pledged Revenues to the same extentas all other Bonds issued hereunder.

SECTION 2.05. INTERCHANGEABILITY, NEGOTIABILITY ANDTRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a writteninstrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or hisattorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an

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equal aggregate principal amount of registered Bonds of the same maturity of any otherauthorized denominations.

The Bonds issued under this Resolution shall be and have all the qualities and incidentsof negotiable instruments under the law merchant and the Uniform Commercial Code of theState of Florida, subject to the provisions for registration of transfer contained in this Resolutionand in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shallmaintain and keep, at the office of the Registrar, books for the registration of transfer of theBonds.

The transfer of any Bond shall be registered only upon the books of the Issuer, at theoffice of the Registrar, under such reasonable regulations as the Issuer may prescribe, by theHolder thereof in person or by his attorney duly authorized in writing upon surrender thereoftogether with a written instrument of transfer satisfactory to the Registrar duly executed by theHolder or his duly authorized attorney with signature guaranteed. Upon the registration oftransfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name ofthe transferee a new Bond or Bonds of the same aggregate principal amount and maturity as thesurrendered Bond. Notwithstanding the foregoing, the Series 2016 Note may not be transferredexcept in whole. Further, the transfer of the Series 2016 Note shall be restricted to PermittedLenders. A “Permitted Lender” shall mean any bank, trust company, savings institution, financeor leasing company, “qualified institutional buyer” (within the meaning of Securities andExchange Commission Rule 144A), insurance company or subsidiary or affiliate of the Holder ofthe Series 2016 Note that is engaged as a regular part of its business in making loans and isauthorized to do business in the State.

In all cases in which Bonds shall be exchanged or the transfer of Bonds shall beregistered, the Issuer shall execute and authenticate and deliver such Bonds in accordance withthe provisions of this Resolution. For every such exchange or registration of transfer, the Issuermay make a charge sufficient to reimburse it for any tax or other governmental charge imposedby an entity other than the Issuer with respect to such exchange or registration of transfer. TheIssuer shall not be obligated to make any such exchange or registration of transfer of Bondsduring the fifteen (15) days next preceding a Payment Date on the Bonds, or, in the case of anyproposed redemption of Bonds, then, during the fifteen (15) days next preceding the date of thefirst mailing of notice of such redemption and, in the case of the Bonds called for redemption,continuing until such redemption date.

SECTION 2.06. ADJUSTMENTS TO INTEREST RATE.

(a) The interest rate on the Series 2016 Note shall be subject to adjustment asdescribed in this Section. The Holder of the Series 2016 Note or its assigns shall provide theIssuer written notice of such adjustments.

(b) Subject to the provisions of Section 2.06(a) above, the interest rate on the Series2016 Note shall be adjusted (retroactively, if necessary) to provide the Holder of the Series 2016Note with the same after-tax yield on the Series 2016 Note if (x) a Determination of Taxabilityshall occur, or (y) the Series 2016 Note shall be determined not to be a “qualified tax-exempt

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bond” within the meaning of Section 265(b)(3) of the Code. In the case of either (x) or (y)above, the Issuer shall also pay to the Holder of the Series 2016 Note an amount equal to anyinterest, penalties or overdue interest and additions to tax (as referred to in Subchapter A ofChapter 6$ of the Code) owed by the Holder of the Series 2016 Note as a result of the occurrenceof a Determination of Taxability or the Series 2016 Note no longer being a “qualified tax-exemptbond.”

(c) The above adjustments shall be cumulative, but in no event shall the interest rateon the Series 2016 Note exceed the maximum rate permitted by law. The above adjustments tothe interest rate on the Series 2016 Note shall be effective on (1) the earlier of the date of theDetermination of Taxability or the date on which the interest on the Series 2016 Note becametaxable by virtue of the Determination of Taxability, or (ii) the date the Series 2016 Note is nolonger deemed to be a “qualified tax-exempt bond” within the meaning of Section 265(b)(3) ofthe Code; provided such adjustment shall not become payable until after notice has been givenpursuant to Section 2.06(a) hereof Interest on the Series 2016 Note and all other tax rates andinterest rates are expressed as annual rates. However, proper partial adjustment shall be made ifthe tax law change is effective after the first day of the Bondholder’s tax year or if interest on theSeries 2016 Note does not accrue for the entire tax year of the Bondholder.

(d) If any adjustments made to the interest rate on the Series 2016 Note pursuant tothe terms of this Section shall cause such interest rate to be in violation of the maximum interestrate provisions of Section 215.84, florida Statutes, the Series 2016 Note shall be subject tomandatory redemption, upon 30 days’ notice from the Bondholder or its assigns to redeem theSeries 2016 Note.

SECTION 2.07. FORM OF BONDS. The text of the Bonds shall be insubstantially the following form of the Series 2016 Note, with such omissions, insertions andvariations as may be necessary and/or desirable and approved by the Chairman prior to theissuance thereof (which necessity and/or desirability and approval shall be presumed by suchofficer’s execution of the Bonds and the Issuer’s delivery of the Bonds to the purchaser orpurchasers thereof):

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No. R-1 $6,000,000

UNITED STATES OF AMERICA

STATE OF FLORIDA

COLUMBIA COUNTY, FLORIDA

GAS TAX REVENUE REFUNDING NOTE

SERIES 2016

KNOW ALL MEN BY THESE PRESENTS that Columbia County, Florida (the“Issuer”), for value received, hereby promises to pay, in the manner provided herein, to WhitneyBank dlb/aJ Hancock Bank, as registered owner, or registered assigns, the principal sum of

SIX MILLION DOLLARS

solely from the Pledged Revenues (hereinafter defined) and to pay interest on the unpaid balancethereof from the date hereof. Interest shall be payable quarterly on the principal payment datesset forth below, at an annual rate equal to 1.50% per annum, computed based on a 30 over 360day basis, subject to adjustment as described below. The principal of this Note shall be payableon October 1, 2016 and thereafter on each January 1, April 1, July 1 and October 1, in thefollowing amounts set forth below, with the final such payment due July 1, 2026.

Dates Principal Payments

10/01/2016 $142,00001/01/2017 140,00004/01/2017 140,000

07/01/2017 141,00010/01/2017 141,000

01/01/2018 142,00004/01/2018 142,000

07/01/2018 143,000

10/01/2018 143,00001/01/2019 144,00004/01/2019 145,000

07/01/2019 145,00010/01/2019 146,000

01/01/2020 146,000

04/01/2020 147,000

07/01/2020 147,000

10/01/2020 148,000

01/01/2021 148,000

04/01/2021 149,000

07/01/2021 150,00010/01/2021 150,000

18

____

01/01/2022 151,00004/01/2022 151,00007/01/2022 152,00010/01/2022 152,00001/01/2023 153,00004/01/2023 153,00007/01/2023 154,00010/01/2023 155,00001/01/2024 155,00004/01/2024 156,00007/01/2024 156,00010/01/2024 157,00001/01/2025 158,00004/01/2025 158,00007/01/2025 159,00010/01/2025 159,00001/01/2026 160,00004/01/2026 161,00007/01/2026 161,000

The interest rate on this Note is subject to adjustment upon a Determination of Taxability(as defined in the Resolution hereinafter referenced) and certain other events, all as set forth inthe Resolution defined below.

Both principal of and interest on this Note are payable in lawful money of the UnitedStates of America by check or draft of the Paying Agent (as defined in the Resolution) appointedby the Issuer to the owner of record hereof, or by bank wire or transfer as such owner mayspecify in writing to the Issuer or otherwise as such owner and the Issuer shall agree, as suchowner shall appear in the registration books of the Issuer on the 15th day of the month prior tosuch payment date. If a payment date for this Note is not a business day, such payment dateshall be the next succeeding business day, with interest accruing at the interest rate then duehereon until payment is made. Upon payment in full of this Note, the Holder hereof agrees toreturn the same to the Issuer.

This Note is issued for the principal purpose of providing moneys to finance or refinancethe cost of certain transportation-related capital improvements as specified and defined in theResolution, under the authority of and in full compliance with the Constitution and laws of theState of Florida, particularly Chapter 125, florida Statutes, Chapter 206, Parts I and II, FloridaStatutes, Section 336.025, florida Statutes, the Issuer’s Ordinance No. 86-6, duly enacted by theBoard of County Commissioners of the Issuer on August 7, 1986, as amended and supplemented(the “Ordinance”), and other applicable provisions of law (the “Act”) and Resolution No. 20 16-

adopted July 7, 2016 (the “Resolution”) and is subject to all the terms and conditions of theResolution.

This Note and the interest hereon are payable from and secured by an irrevocable lienupon and pledge of(1) revenues derived by the Issuer from the first two cents of the local option

19

tax on motor fuel and special fuel authorized pursuant to Section 336.025, Florida Statutes, andimposed pursuant to the Ordinance, as heretofore and hereafter amended and supplemented, asmore particularly described in the Resolution, and (2) until applied in accordance with theprovisions of the Resolution, all moneys, including investments thereof in certain of the fundsand accounts established by the Resolution (other than the Rebate Account), all in the mannerand to the extent described in the Resolution (collectively, the ‘Pledged Revenues”). In addition,the Issuer has covenanted in the Resolution to budget and appropriate certain non-ad valoremrevenues sufficient to make certain deposits to the payment account established for this Note.

It is expressly agreed by the Holder of this Note that the full faith and credit of the Issuer,the State of Florida, or any political subdivision thereof, are not pledged to the payment of theprincipal of, premium, if any, and interest on this Note and that such Holder shall never have theright to require or compel the exercise of any ad valorem taxing power of the Issuer, the State ofFlorida, or any political subdivision thereof, to the payment of such principal, premium, if any,and interest. This Note and the obligation evidenced hereby shall not constitute a lien upon anyproperty of the Issuer or the 2016 Project (as described in the Resolution), but shall constitute alien only on, and shall be payable from, the Pledged Revenues.

Neither the members of the Board of County Commissioners of the Issuer nor theChairman nor any person executing this Note shall be liable personally hereon or be subject toany personal liability or accountability by reason of the issuance hereof.

The transfer of this Note is registrable in accordance with the terms of the Resolutiononly upon the books of the Issuer kept for that purpose at the principal office of the Registrar (asdescribed in the Resolution) by the registered owner hereof in person or by his attorney dulyauthorized in writing, upon the surrender of this Note together with a written instrument oftransfer satisfactory to the Registrar duly executed by the registered owner or his attorney dulyauthorized in writing, and thereupon a new Note in the same aggregate principal amount shall beissued to the transferee in exchange therefor, and upon the payment of the charges, if any,permitted by the Resolution, subject to the restrictions set forth in the Resolution. This Note isissuable in fully registered form initially in the denomination of $6,000,000. The Issuer and anyPaying Agent may treat the registered Holder of this Note as the absolute owner hereof for allpurposes, whether or not this Note shall be overdue, and shall not be affected by any notice to thecontrary.

This Note is subject to optional redemption prior to its stated date of maturity, in wholebut not in part, on any date, at a price of 100% of the principal amount thereof, plus accruedinterest to the redemption date, with 10 days advance written notice to the Holder hereof. ThisNote is subject to optional redemption prior to its stated date of maturity in part on any principalpayment date (January 1, April 1, July 1 or October 1) at a price of 100% of the principal amountthereof plus accrued interest to the redemption date, with 10 days advance written notice to theHolder hereof, provided that (1) any such partial principal redemptions shall be in multiples of$1,000, and (ii) partial redemptions shall be applied to scheduled principal payments in inverseorder. This Note is also subject to mandatory redemption under certain circumstances, asdescribed in the Resolution.

20

Reference to the Resolution and any and all resolutions supplemental thereto andmodifications and amendments thereof, to the Ordinance and any and all ordinancessupplemental thereto and modifications and amendments thereof, and to the Act is made for adescription of the pledge and covenants securing this Note, the nature, maimer and extent ofenforcement of such pledge and covenants and the rights, duties, immunities and obligations ofthe Issuer.

It is hereby certified and recited that all acts, conditions and things required to exist, tohappen and to be performed precedent to and in connection with the issuance of this Note, exist,have happened and have been performed, in regular and due form and time as required by thelaws and Constitution of the State of Florida applicable thereto, and that the issuance of this Notedoes not violate any constitutional or statutory limitations or provisions.

IN WITNESS WHEREOF, the Board of County Commissioners of Columbia County,Florida has issued this Note and has caused the same to be executed by the manual or facsimilesignature of its Chairman, its official seal or a facsimile thereof to be affixed or reproducedhereon, and countersigned and attested to by the manual or facsimile signature of its Clerk, all asof the 12th

day of July, 2016.

COLUMBIA COUNTY, FLORIDA

(SEAL)

Chairman, Board of County Commissioners

ATTESTED AND COUNTERSIGNED:

Clerk

21

_____________

ASSIGNMENT

FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto

Insert Social Security or Other Identifying Number of Assignee

(Name and Address of Assignee)

the within Note and does hereby irrevocably constitute and appoint

as attorneys to register the transfer of the said Note on the books kept for registration thereof

with full power of substitution in the premises.

Dated:

Signature guaranteed:

NOTICE: Signature(s) must be guaranteed bya member firm of the New York StockExchange or a commercial bank or trustcompany.

NOTICE: The signature to this assignmentmust correspond with the name of theregistered holder as it appears upon the face ofthe within Note in every particular, withoutalteration of enlargement or any changewhatever and the Social Security or otheridentifying number of such assignee must besupplied.

22

ARTICLE III

REDEMPTION OF BONDS

SECTION 3.01. NOTICE OF REDEMPTION. Except as otherwise providedherein or by Supplemental Resolution, notice of any redemption, which shall specify the Bond orBonds (or portions thereof) to be redeemed, the Redemption Price thereof and the date and placefor redemption, shall be mailed first class, postage prepaid, at least ten (10) days prior to theredemption date to all Holders of Bonds to be redeemed at their addresses as they appear on theregistration books kept by the Registrar.

SECTION 3.02. RESERVED.

SECTION 3.03. PAYMENT OF REDEEMED BONDS. Notice of redemptionhaving been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemedshall, on the redemption date, become due and payable at the Redemption Price therein specified,and from and after such date (unless the Issuer shall default in the payment of the RedemptionPrice) such Bonds or portions of Bonds shall cease to bear interest.

SECTION 3.04. PURCHASE OF BONDS BY ISSUER. Any Bonds purchasedby the Issuer shall be canceled.

SECTION 3.05. PERMITTED AND REQUIRED REDEMPTIONS OF THESERIES 2016 NOTE.

(A) The Series 2016 Note is subject to optional redemption prior to its stated date ofmaturity, in whole but not in part, on any date at a price of 100% of the principal amount thereofplus accrued interest to the redemption date, with 10 days advance written notice to the Holderthereof The Series 2016 Note is subject to optional redemption prior to its stated date ofmaturity in part on any principal payment date (January 1, April 1, July 1 or October 1) at a priceof 100% of the principal amount thereof plus accrued interest to the redemption date, with 10days advance written notice to the Holder thereof provided that (i) any such partial principalredemptions shall be in multiples of $1,000, and (ii) partial redemptions shall be applied toscheduled principal payments in inverse order.

(B) The Series 2016 Note shall be subject to mandatory redemption in whole, at aprice equal to the Redemption Price, upon the occurrence of the circumstances described inSection 2.06(d) hereof

23

ARTICLE IV

SECURITY, SPECIAL FUNDS ANDAPPLICATION THEREOF

SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. TheBonds shall not be or constitute general obligations or indebtedness of the Issuer as “bonds’within the meaning of any constitutional or statutory provision, but shall be special obligations ofthe Issuer, payable from and secured by a lien upon and pledge of the Pledged Revenues inaccordance with the terms of this Resolution. No Holder of any Bond shall ever have the right tocompel the exercise of any ad valorem taxing power to pay such Bond, or be entitled to paymentof such Bond from any moneys of the Issuer, except from the Pledged Revenues, in the mannerprovided herein.

SECTION 4.02. SECURITY FOR BONDS. The payment of the principal of orRedemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally andratably by a pledge of and lien upon the Pledged Revenues. The Issuer does hereby irrevocablypledge the Pledged Revenues to the payment of the principal of or Redemption Price, ifapplicable, and interest on the Bonds in accordance with the provisions hereof The pledge ofthe Pledged Revenues shall be cumulative until payment in full of the Bonds. The PledgedRevenues shall immediately be subject to the lien of this pledge without any physical deliverythereof or further act, and the lien of this pledge shall be valid and binding as against all partieshaving claims of any kind in tort, contract or otherwise against the Issuer.

SECTION 4.03. CONSTRUCTION FUND. The Issuer covenants and agrees toestablish a special fund to be known as the “Columbia County, Florida Gas Tax Revenue BondsConstruction fund,” which shall be used only for payment of the Cost of Projects. Moneys inthe Construction Fund, until applied in payment of any item of the Cost of a Project in themanner hereinafter provided, shall be held in trust by the Issuer, and shall be subject to a lien andcharge in favor of the Holders of the Bonds and for the further security of such Holders.

The proceeds of insurance maintained against physical loss of or damage to any Project,or the contractors’ performance bonds with respect thereto pertaining to the period ofconstruction thereof, shall be deposited into the Construction Fund.

The Issuer covenants that the acquisition, construction and installation of each Projectwill be completed without delay and in accordance with sound engineering practices. The Issuershall make disbursements or payments from the Construction fund to pay the Cost of a Project.The Issuer shall keep records of such disbursements and payments and shall retain all suchrecords for six (6) years from the dates of such records.

Notwithstanding any of the other provisions of this Section 4.03, to the extent that othermoneys are not available therefor, amounts in the Construction Fund shall be applied to thepayment of principal and interest on Bonds, when due.

24

The date of completion of acquisition and construction of each Project shall bedetermined by an Authorized Issuer Officer who shall certify such fact in writing to the Board ofCounty Commissioners. Promptly after the date of the completion of each Project, and afterpaying or making provisions for the payment of all unpaid items of the Cost of the Project, theIssuer shall deposit any balance of moneys remaining in the Construction Fund to theRedemption Account.

SECTION 4.04. FUND AND ACCOUNTS. The Issuer covenants and agrees toestablish a special fund to be known as the “Columbia County, Florida Gas Tax Revenue BondsDebt Service Fund.” The Issuer shall maintain in the Debt Service fund four accounts: the“Revenue Account,” the “Payment Account,” the “Redemption Account” and the “RebateAccount”. The Payment Account shall also constitute the Issuer’s “Road Improvement DebtService Fund.” Moneys in the aforementioned fund and accounts (other than moneys on depositin the Rebate Account), until applied in accordance with the provisions hereof shall be held intrust for and be subject to a lien and charge in favor of the Holders of the Bonds and for thefurther security of such Holders.

SECTION 4.05. FLOW OF FUNDS.

(A) All Gas Tax Revenues shall be deposited, as received, into the Revenue Accountof the Debt Service fund. Not later than the last day of each month, the Issuer shall apply suchmoneys in the following manner and in the following order of priority:

(1) Payment Account. The Issuer shall deposit or credit to the PaymentAccount of the Debt Service Fund, from the Revenue Account, the sum which, togetherwith the balance in said Account, shall equal (1) the interest on all Outstanding Bondsaccrued and unpaid and to accrue to the end of the current calendar month, and (ii) theprincipal next due which would have accrued on said Bonds during the then currentcalendar month if such principal amounts were deemed to accrue daily (assuming that ayear consists of twelve (12) calendar months of thirty (30) days each) in equal amountsfrom the next preceding principal payment due date, or if there is no such precedingprincipal payment due date, from a date three months preceding the due date of suchprincipal amount. Moneys in the Payment Account shall be used for payment ofprincipal of and interest on the Bonds when the same become due and payable. In theevent the Issuer shall determine that any moneys in the Payment Account shall not berequired to pay the principal or interest of Bonds coming due on the otherwisecorresponding Payment Date because such Bonds have been called or redeemed or due toan excess of funds in such account, the Issuer shall transfer such moneys to theRedemption Account.

(2) Rebate Account. The Issuer shall next deposit into the Rebate Account,from the Revenue Account, all amounts required to be deposited therein in order to maketimely rebate payments to the United States government pursuant to Section 4.06 hereof.

(3) Redemption Account. The Issuer shall next deposit into the RedemptionAccount any amount to be applied to the redemption of Bonds pursuant to Article III

25

hereof. Excess moneys on deposit in the Construction Fund shall be deposited to theRedemption Account in accordance with the provisions of Section 4.03 hereof.

(4) The balance of any moneys remaining in the Revenue Account afterpayment of amounts required by Section 4.05(A)(l) through 4.05(A)(3) hereof may beused for any lawful purpose.

(B) On or before the date established for payment of any principal of or RedemptionPrice, if applicable, or interest on the Bonds, the Issuer shall withdraw from the appropriateaccount of the Debt Service Fund sufficient moneys to pay such principal or Redemption Price,if applicable, and interest.

SECTION 4.06. REBATE ACCOUNT. Amounts on deposit in the RebateAccount shall be held in trust by the Issuer and used solely to make required rebates to theUnited States (except to the extent the same may be transferred to the Revenue Account) and theBondholders shall have no right to have the same applied for debt service on the Bonds. TheIssuer agrees to undertake all actions required of it in its Certificate as to Arbitrage and CertainOther Tax Matters, dated the date of issuance of the Bonds, relating to such Bonds, as well asany successor Certificate thereto, including, but not limited to:

(A) making a determination in accordance with the Code of the amount required to bedeposited in the Rebate Account;

(B) depositing the amount determined in clause (A) above in the Rebate Account;

(C) paying on the dates and in the manner required by the Code to the United StatesTreasury from the Rebate Account and any other legally available moneys of the Issuer suchamounts as shall be required by the Code to be rebated to the United States Treasury; and

(D) keeping such records of the determinations made pursuant to this Section 4.06 asshall be required by the Code, as well as evidence of the fair market value of any investmentspurchased with “gross proceeds” of the Bonds (as defined in the Code).

The provisions of the above-described Certificate as to Arbitrage and Certain Other TaxMatters may be amended from time to time as shall be necessary, in the opinion of BondCounsel, to comply with the provisions of the Code.

SECTION 4.07. INVESTMENTS. The Construction fund and the Debt ServiceFund shall be continuously secured in the manner by which the deposit of public funds areauthorized to be secured by the laws of the State. Moneys on deposit in the Construction fundand the Debt Service fund may be invested and reinvested in Authorized Investments maturingnot later than the date on which the moneys therein will be needed. Any and all income receivedby the Issuer from the investment of moneys in the Construction Fund, the Revenue Account, thePayment Account and the Rebate Account shall be retained in such respective Fund or Account.Any and all income received by the Issuer from the investment of moneys in the Redemption

26

Account shall be transferred to the Revenue Account. All investments shall be valued atamortized cost.

Nothing contained in this Resolution shall prevent any Authorized Investments acquiredas investments of or security for funds held under this Resolution from being issued or held inbook-entry form on the books of the Department of the Treasury of the United States.

SECTION 4.08. SEPARATE ACCOUNTS. The moneys required to be accountedfor in each of the foregoing funds and accounts established herein may be deposited in a singlebank account, and funds allocated to the various funds and accounts established herein may beinvested in a common investment pool; provided that adequate accounting records aremaintained to reflect and control the restricted allocation of the moneys on deposit therein andsuch investments for the various purposes of such funds and accounts as herein provided.

The designation and establishment of the various funds and accounts in and by thisResolution shall not be construed to require the establishment of any completely independent,self-balancing funds as such term is commonly defined and used in governmental accounting,but rather is intended solely to constitute an earmarking of certain revenues for certain purposesand to establish certain priorities for application of such revenues as herein provided.

27

BOARD OF COUNTY COMMISSIONERS • COLUMBIA COUNTY

AGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 5:30 p.m. in the

Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, Cake City,

Florida 32055. All agenda items are due in the Board’s office one week prior to the meeting date.

Today’s Date: 6128116 Meeting Date: 717/16

Name: Ben Scott Department: Administration

Division Manager’s Signature: A1. Nature and purpose of agenda item: Wildlife Services Contract- Randall Engleman ($50,000).

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? Li N/A

LZI Yes Account No. 101-4270-541.30-47

Li No Please list the proposed budget amendment to fund this request

Budget Amendment Number:____________________

FROM TO AMOUNT

For Use of County Manger Only:

Consent Item tJJiscussion Item

District No. 1- Ronald WilliamsDistrict No.2- Rusty DePratterDistrict No.3- Budcy NashDistrict No.4- Everett PhillipsDistrict No.5- Scarlet P. Frisina

BOARD OF COUNTY COMMISSIONERS • CoLuMBIA CouNTY

MEMORANDUM

Date: 6/28/2016

To: Commissioners

From: Ben Scoff, County Manager /h

RE: Wildlife Services

As you are aware, the County has contracted with USDA to provide services to reducedamage caused by beavers and coyotes for many years. Randall Engleman has been theemployee providing those services. Mr. Engleman will be retiring in the near future and hasoffered to provide this service directly to the County. The County is currently paying USDA$71,000 per year and Mr. Engleman is offering an annual contract amount of $50,000.

I have affached Mr. Engleman’s resume and proposed agreement for your consideration.

BOARD MEETS FIRST THURSDAY AT 5:30 RM.AND THIRD THURSDAY AT 5:30 RM.

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

1648NETRIPPLERUNROAD• LAKE CITY, FL 32055

(386) 292-1181 rlengleman@yahoo.com

RANDALL ENGLEMAN

EDUCATION

Kansas State University, 1969, KS

• I semester completed before draft notice received

Great Bend High School, 1968, Great Bend, KS

• High School Diploma

PROFESSIONAL EXPERIENCE

Trapper, 2003 to present, State of Florida

Sole sen’icer/trapperfor the United State Department ofAgthw/ture Animat and P/ant Health In.pectthn Service and

Wild/ift Services in their tgreement with Columbia County Board of County Commissioners (CCBCC)

• In 2004 responsible for Coyotes being added to USDA agreement with CCBCC

• The agreement between Columbia County and the USDA provides that the servicer/trapper in

Columbia County may trap elsewhere as determined by the USDA and pursuant to the agreement

servicer/trapper has been trapping in various parts of the state of Florida and only part time in

Columbia County.

Trapper, 1950 to present, Nationwide

• Beaver, Skunk, Muskrat, Opossum, Rat, Raccoon, Coyote

Oil and Gas Worker/Supervisor, 1973 to 2001, Oklahoma and Texas

Military Service, 1969-1973

• Submarine Sailor, obtained rank of NCO E5 (Second Class Petty Officer)

SERVICE AGREETMENTbetween

COLUMBIA COUNTY, BOARD OF COUNTY COMMISSIONERS

(CCBCC)And

RANDALL ENGLEMAN (RE)

ARTICLE 1

The purpose of this Cooperative Service Agreement is for RE to provide the

necessary technical and operational assistance in identif3iing and controlling beaver

and coyote damage in Columbia County.

ARTICLE 2

RE and CCBCC mutually agree:

1. The parties’ authorized representatives who shall be responsible for

carrying out the provisions of the Agreement shall be:

CCBCC: Kevin Kirby

Operations Manager, Columbia County

P.O. Box969

LakeCity,fL 32056

RE: Randall Engleman

164$ NE Tripple Run Road

Lake City, FL 32055

2. To meet as determined necessary by either party to discuss mutual

program interests, accomplishments, needs, technology and procedures to maintain

or amend the Work Plan (Attachment A). Personnel authorized to attend meeting

under this Agreement shall be Ron Williams or his designee, RE or his designee,

and/or those additional persons authorized and approved by Ben Scott.

3. RE shall perform services more fully set forth in the Work Plan, which is

attached hereto and made a part hereof The parties may mutually agree in writing,

at any time during the tel-rn of this Agreement, to amend, modify, add or delete

services from the Work Plan.

ARTICLE 3

Page 1 of 9

CCBCC agrees:

1. To authorize RE to conduct direct control activities to reduce human

health and safety risks and property damage associated with beaver and coyotes.

These activities are defined in the Work Plan. RE will be considered an invitee on

the lands controlled by CCBCC. CCBCC will be required to exercise reasonable

care to warn RE as to dangerous conditions or activities in the project areas.

2. To designate to RE the CCBCC authorized individuals whose

responsibility shall be the coordination and administration of activities conducted

pursuant to this Agreement.

3. To notify RE verbally or in writing as far in advance as practical of the

date and time of any proposed meeting related to the program.

4. RE shall be responsible for administration and supervision of the

program.

5. All equipment will be provided by RE. All equipment is and will remain

the property of RE.

6. To coordinate with RE before responding to all media requests.

7. To obtain the appropriate permits for removal activities for beaver and

coyotes and list RE as subpermitee, including 20 conibears and 20 steel leg hold

traps.

8. To provide an indoor working space to complete necessary paperwork.

ARTICLE 4

RE agrees:

1. To conduct activities at CCBCC as described in the Work and Financial

Plans.

2. Designate to CCBCC the authorized RE individual who shall be

responsible for the joint administration of the activities conducted pursuant to this

Agreement.

3. To coordinate with CCBCC before responding to all media requests.

Page 2of9

____________________________ ______

ARTICLE 5

Nothing in this Agreement shall prevent RE from entering into separate

agreements with any other organization or individual for the purpose of providing

wildlife damage management services exclusive of those provided for under this

agreement. However, RE shall place services needed in Columbia County as first

priority.ARTICLE 6

The performance of wildlife damage management actions by RE under this

agreement is contingent upon a determination by RE that such actions are in

compliance with the National Environmental Policy Act, Endangered Species Act,

and any other applicable environmental statutes. RE will not make a final decision

to conduct requested wildlife damage management actions until it has made the

determination of such compliance.

ARTICLE 7

This Service Agreement may be amended at any time by mutual agreement

of the parties in writing. Also, this Agreement may be terminated at any time by

mutual agreement of the parties in writing, or by one party provided that party

notifies the other in writing at least 120 days prior to effecting such action.

further, in the event the CCBCC does not provide necessary funds, RE is relieved

of the obligation to provide services under this agreement.

ARTICLE 8

RE shall be paid $50,000 per year for 5 years on a quarterly basis. First

quarterly payment to be received by RE on October 1, 2016.

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS:

BY:______________________

P.O. Box 1529 Date

Lake City, FL 32056-1529

Randall Engleman

BY:

Randall Engleman Date

Page3of9

ATTACHMENT A

WORK PLANFor the

SERVICE AGREEMENTbetween

COLUMBIA COUNTY, BOARD OF COUNTY COMMISSIONERS

(CCBCC)and

RANDALL ENGLEMAN

(RE)

Introduction

RE is familiar with the Wildlife Services (WS) program and its use as an

Integrated Wildlife Damage Management (IWDM) approach (sometimes referred

to as 1PM or “Integrated Pest Management”) in which a series of methods may be

used or recommended to reduce wildlife damage. IWDM is described in Chapter

1, 1-7 of the Animal Damage Control Program Final Environmenta Impact

Statement (USDA, 1994). These methods include the alteration of cultural

practices as well as habitat and behavioral modification to prevent damage.

However, controlling wildlife damage may require that the offending animal(s) are

killed or that the populations of the offending species be reduced.

Background

Prior to 1900, beaver (Castor Canadensis) were found throughout the panhandle

and south to Seminole county. These animals served as a valuable source of

income and food for the early settlers. Eventually, heavy trapping and hunting,

combined with the clearing of woodlands for farming, led to the near extinction of

beaver in Florida by the 1900’s. Over the past 40 years, beaver have made a

dramatic comeback in Florida recolonizing most of their historic range. This

comeback can be attributed to the drastic decline in beaver pelt prices and the

accompanying decrease in trapping. With this rapid expansion of beaver

populations came an increase in damage. Flooding from water impounded by the

beaver dams, girdling of timber, tunneling into pond levies, blocking drainage

outlets and inundating access roads are the primary types of beaver damage in

Florida. Preferably, beaver damage would be controlled through sport and

commercial trapping by licensed trappers at no cost to the state. In an attempt to

use that source of manpower, the Florida fish and Wildlife Conservation

Commission (FWC) referred inquiring landowners to available and willing

trappers. This has been unsuccessful due to the low economic incentives for

Page4of9

beaver trapping. Some states have tried using the bounty system to control beaver

problems without success. The average $5 bounty was not economically enticing

to trappers and an increase in the bounty would create the potential for fraud.

Purpose

Beaver

Beaver damage in 30 florida counties was investigated by the FWC using a

telephone survey of road departments (county and state), foresters, timber

companies, and public land managers. All seven Department of Transportation

(DOT) maintenance offices in Northern Florida reported beaver problems

associated with state highways in their area. Beaver problems with county

maintained roads were reported in 26 of the 30 counties. The foresters contacted,

indicated there were forestry related beaver problems in 16 of the 29 counties.

Several large public land managed areas and 10 of the 13 timber companies were

experiencing beaver problems. It is evident from the study that beaver have

become a problem primarily in the panhandle and northern counties in Florida.

Most problems are the flooding of roads and timber.

CoyoteIn Columbia County each year the county extension agent receives numerous calls

involving coyote predation on livestock. RE has a long history of assisting

ranchers and landowners with coyote predation on livestock.

Historically, coyotes were most common on the Great Plains of North America.

They have since extended their range from Central America to the Arctic,

including all of the United States (except Hawaii), Canada, and Mexico. Coyote

predation on livestock is generally more severe during early spring and summer

than in winter for two reasons. first, sheep, goats and cattle are usually under

more intensive management during winter, either in feedlots or in pastures that are

close to human activity, thus reducing the opportunity for coyotes to take livestock.

Second, predators bear young in the spring and raise them through the summer, a

process that demand increased nutritional input, for both the whelping and nursing

mother and the growing young. This increased demand corresponds to the time

when young sheep, goats or beef calves are on pastures or rangeland and are most

vulnerable to attack. Coyote predation also may increase during fall when young

coyotes disperse from their home ranges and establish new territories.

Many references indicate that coyotes were originally found in relatively open

habitats, particularly the grasslands and sparsely wooded areas of the western

United States. Whether or not this was true, coyotes have adapted to and now exist

Page5of9

in virtually every type of habitat, arctic to tropic, in North America. Coyotes live

in deserts, swamps, tundra, grasslands, brush, dense forests, from below sea level

to high mountain ranges, and at all intermediate altitudes. High densities of

coyotes also appear in the suburbs of most major cities. They sometimes prey on

pets and are a threat to public health and safety when they frequent airport runways

and residential areas, and act as carriers of rabies.

Planned Wildlife Services Activities

Beaver

The agreement for RE to conduct beaver control work in Columbia County will be

for one year conducted by RE. RE has the appropriate training and professional

experience to conduct beaver control activities.

RE will use recommended beaver damage management techniques and equipment

to alleviate the damage. Traps will be checked at least every 24 hours. Beaver

dams will be removed either by RE via hand tools or by qualified personnel with

the County, as required, using mechanical means.

Beaver will be the target species of the management program. Trapping

techniques are designed through selective sets to minimize the number of non-

target species caught, specifically otter (Lutra Canadensis). Any non-targeted

animal trapped will be released if the animal is not damaged.

Beaver carcasses will be disposed of on-site or made available for landowner use.

Some may be kept for future research or study needs by interested agencies such as

FWC, University of Florida, or the Florida State Museum of Natural History.

Coyotes

The agreement for RE to conduct coyote control work in Columbia County will be

for one year conducted by RE. RE has the appropriate training and professional

experience to conduct coyote control activities.

RE will use recommended coyote damage management techniques and equipment

to alleviating the damage. Traps will be checked at least every 24 hours.

Usually, the primary concern regarding coyotes is predation on livestock.

Livestock predation will be the main focus of RE as to coyote control efforts in

Columbia County. Other calls will be dealt with on an as needed basis as directed

by the County Commissioners.

Page6of9

Request for Assistance

Beaver

As a general rule, requests for assistance will be handled on a first-come, first-

serve basis. Efforts will be directed toward those areas with the most beaver

damage and complaints. County and State requests for assistance will be given

first priority when the integrity of a road, highway or bridge is threatened by the

effects of beaver activity. In general, the following priorities will be observed

when responding to requests for assistance and shall be limited to Columbia

County:

1. County or State highways, roads and bridges

2. Industrial/corporate landowners

3. Individual landowners

4. Landowner associations

5. Cities or towns

6. Other State lands

Logistical or travel cost considerations may require that some requests be worked

out of the above mentioned order.

Request for help on County or State property should be made to RE. Request for

assistance on state highways or bridges should be made through the DOT.

Coyotes

Requests for assistance will be handled on a first-come, first-served basis unless

directed otherwise by the county commissioners. Any call where human health or

safety is involved will be given priority.

Personnel

Technicians may be hired by, and work directly for RE. Technicians will be full-

time and/or temporary part-time employees. Technicians may work year-round as

weather and other conditions allow. Technicians shall be covered under RE’s

insurance policy.

Supervision

Technicians will be supervised by RE. RE will be responsible for meeting with

county officials as needed, and overseeing general administrative tasks associated

Page 7 of 9

with the agreement and providing $1,000,000 of liability insurance for himself and

any personnel working with him in his obligations to the county.

Record Keeping

Technicians will record the number of beaver and coyote caught, the number of

dams removed, and other statistics. All record keeping is coordinated by RE.

Educational Efforts

Educational efforts will be made to make landowners fully aware of what can and

cannot be done to reduce beaver and coyote activity/damage. Landowners will

also be encouraged to become involved in determining the best available strategies

in dealing with beaver and coyote activity/damage on their property. RE and

Technicians will also work with Columbia County and municipal governments so

that public officials and landowners will be better able to understand and use

beaver and coyote biology to help solve their problems.

Summary

This Service Agreement is designed to assist landowners, road departments, and

private industry with beaver and coyote damage in Columbia County. The intent

of the agreement is to reduce beaver and coyote damage not population control.

The program will be structured to be flexible, fair and most importantly, feasible.

Key to the success of the program will be participation of the county and

landowners.

Effective Dates

The agreement shall become effective on October 1, 2016, and shall expire on

September 30, 2021 (a term of 5 years).

Page 8019

ATTACHMENT B

FINANCIAL PLANfor the

SERVICE AGREEMENT

between

COLUMBIA COUNTY, BOARD OF COUNTY COMMISSIONSER

(CCBCC)and

RANDALL ENGLEMAN (RE)

Personnel Cost, Travel,

Vehicle Usage, Supplies and Equipment TOTAL $50,000

Financial Point of Contact

CCBCC: Jared Blanton, Finance Director 386-758-1042

Randall Engleman 386-292-1181

Page 9 of 9

_________________________________

BOARD OF COUNTY COMMISSIONERS • COLUMBIA COUNTY

AGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 5:30 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: 6130116 Meeting Date: 717116

Name: Ben Scott Department: Administration

Division Manager’s Signature:f_1%_ .gt;rij—

1. Nature and purpose of agenda item: Preliminary millage rate.

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.

E No Please list the proposed budget amendment to fund this request

Budget Amendment Number:____________________

FROM TO AMOUNT

For Use of County Manger Only:

Consent Item [ ] Discussion Item

District No. 1- Ronaki WilliamsDistrict No. 2- Rusty DePratterDistrict No.3- Budcy NashDistrict No.4- Everett PhillipsDistrict No.5- Scarlet P. Fnsina

BOARD OF CouNTY’ COMMISSIONERS • CoLuMBIA CouNTY

MEMORANDUM

Date: 6/30/2016

To: Board of County Commissioners

From: Ben Scoff, County Manager

RE: Millage Rate

In accordance with Florida Law, two (2) Public Hearings are required to set the millage rate,and adopt the final budget. Staff is requesting the first of these two hearings be held at aspecial meeting on Tuesday, September 6th, 2016, and the final hearing be held ThursdaySeptember 15th, 2016 during the regular Board meeting. The TRIM requirements for noticesand advertisements will not allow for a hearing during the first regular scheduled Boardmeeting.

The Board’s current millage rate is 8.015 per $1,000. Using the Property Appraiser’sestimated taxable valuable the current millage rate will generate $18,774,519; an increaseover the prior year of $277,640. I have attached the certification of taxable value for yourreview assuming the current 8.015 millage rate.

BOARD MEETS FIRST THURSDAY AT 5:30 P.M.AND THIRD THURSDAY AT 5:30 P.M.

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

Reset Form Print Form 1DR-420

CERTIFICATION OF TAXABLE VALUERule 12D6.OO2

Florida Administrative CodeFLORIDA Effective 11/12

Year: 2076 County: COLUMBIA

Principal Authority: Taxing Authority:COLUMBIA COUNTY BCC COLUMBIA COUNTY BCC

SECTION I: COMPLETED BY PROPERTY APPRAISER

1. Current year taxable value of real property for operating purposes $ 2,034,835,992 (1)

2. Current year taxable value of personal property for operating purposes $ 291,070,816 (2)

3. Current year taxable value of centrally assessed property for operating purposes $ 16,516,042 (3)

4. Current year gross taxable value for operating purposes (Line 1 pIus Line 2 plus Line 3) $ 2,342,422,850 (4)

Current year net new taxable value (Add new construction, additions, rehabilitative

5. improvements increasing assessed value by at least 100%, annexations, and tangible $ 29,664,916 (5)

personal property value over 115% of the previous year’s value. Subtract deletions.)

6. Current year adjusted taxable value (Line 4 minus Line 5) $ 2,31 2,757,934 (6)

7. Prior year FINAL gross taxable value from prior year applicable Form DR-403 series $ 2,308,305,124 (7)

8Does the taxing authority include tax increment financing areas? If yes, enter number

i YES NONumber

(8)of worksheets (DR-42OTIF) attached. If none, enter 0 3

Does the taxing authority levy a voted debt service millage or a millage voted for 2 Number9. years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of YES NO (9)

DR-42ODEBT, Certification of Voted DebtMillage forms attached. If none, enter 0 0

Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge.

SGN Signature of Property Appraiser: Date:

Electronically Certified by Property Appraiser 6/28/2016 9:27 AM

SECTION II COMPLETED BY TAXING AUTHORITY

If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and

possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-.

10Prior year operating millage levy (Ifprior year millage was adjusted then use adjusted

er $1 000 (10)millage from Form DR-422) 8.0150 p

11. Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000) $ 18,501,066 (11)

12Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a

$ (12)dedicated increment value (Sum of either Lines 6c or Line 7a for oil DR-420T1F forms) 0

13. Adjusted prior year ad valorem proceeds (Line 11 minusLine 12) $ 18,501,066 (13)

14. Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420T1F forms) $ 0 (14)

15. Adjusted current year taxable value (Line 6 minus Line 14) $ 2,37 2,757,934 (15)

16. Current year rolled-back rate (Line 13 divided byLine 15, multiplied by 1,000) 7.9996 per $1000 (16)

17. Current year proposed operating millage rate 8.01 50 per $1000 (17)

Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided (18)18.

by 1,000) $ 18,774,519

Continued on page 2

DR-420

R. 5/12

Page 2

PE of principal authority (check one)County Independent Special District

Municipality Water Management District

Applicable taxing authority (check one) Principal Authority Dependent Special District

20. (20)

MSTU Water Management District Basin

21. Is millage levied in more than one county? (check one) Yes No (21)

DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE - SIGN AND SUBMIT

Enter the total adjusted prior year ad valorem proceeds of the principal authority, alldependent special districts, and MSIUs levying a millage. (The sum ofLine 73 from all DR-420 $ 18,S01 ,066 (22)forms)

23. Current year aggregate rolled-back rate (Line 22 divided by Line 15, multiplied by 1,000) 7.9996 per S 1,000 (23)

24. Current year aggregate rolled-back taxes (Line 4 multiplied by Line 23, divided by 7,000) $ 18,738,446 (24)

Enter total of all operating ad valorem taxes proposed to be levied by the principal

25. taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all $ 18,774,519 (25)

DR-420 forms)

26.Current year proposed aggregate millage rate (Line 25 divided byLine 4, multiplied

8 0150 per $1,000 (26)by 7,000)

27Current year proposed rate as a percent change of rolled-back rate (Line 26 divided by

0 19 % (27)Line 23, minus 7, multiplied by 700)

First public Date: Time: Place:

budget hearing

I certify the millages and rates are correct to the best of my knowledge.

Taxing Authority Certification The millages comply with the provisions of s. 200.065 and the provisions of

either s. 200.071 or s. 200.081, ES.

SSignature of Chief Administrative Officer: Date:

G

NTitle: Contact Name and Contact Title:

BEN SCOTT, COUNTY MANAGERBEN SCOTT, COUNTY MANAGER

E Mailing Address: Physical Address:

RP.O. BOX 1529 135 NE HERNANDO AyE, STE 203

ECity, State, Zip: Phone Number: Fax Number:LAKE CITY, FL 32056

(386)71 9-1452 (386) 758-2182

Instructions on page 3