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SliuferLaw Offices
JlpolacliicotiJ, pforilfa 32320
IPIione: 8J0-li53-1757 !Mai6ng)ldifrrss:
8SO-li5J-8627
)lpoIizc/iit:oliz f'L 32320
Action Items
1. Canvassing Board Workshop
On December 9,2011, the Florida State Association of Supervisors of Elections (FSASE)
will conduct a Canvassing Board workshop in Orlando to educate canvassing board
members, and the board attorney, regarding the many changes to Florida's election laws
made during the 2011 Legislative Session.
The workshop costs $60.00 per person and the governmental hotel rate is $90.00 per day per
room.
The members of the canvassing board are: The Supervisor of Elections, the County Judge
(who acts as the Chairman), and the chairman of the board of county commissioners. If the
chairman ofthe county commission is unable to serve, or is disqualified, then the board shall
appoint a substitute.
Board Action Requested: I request board permission for the canvassing board members
and myself to travel to this workshop.
2. Elections Systems & Software Contract
Attached is a proposed contract I received from the Supervisor of Elections. The contract
provides the terms and conditions for leasing 10 handicap voting booths over a five year
period. The expense for the handicap voting booths totals approximately $20,000.00,
payable over five years, beginning December 1, 2011, plus the cost for printing ballots
(which have to be printed anyway), programming and installation.
This expense is caused by another Legislative mandate. This mandate requires that all voting
booths must leave a "paper trail." The existing handicap voting booths owned by the county
do not provide a "paper trail," and, therefore, must be replaced by 2016. In lieu of
purchasing replacement handicap voting booths, several smaller counties have banded
together to lease the booths. This was done as a cost saving measure. The expense to
purchase the new voting booths is approximately $60,000.00 for ten machines. The lease
costs $24,500.00.
I am told that the attached contract is the same contract that is being used by several other
smaller counties because the smaller counties cannot afford to purchase the new machines
outright. The lease proposal is cheaper and allows the county to amortize the expense over
five years.
The Supervisor of Elections says that she has the funds in her budget to pay for this.
Board Action Requested: Board approval of the contract for execution by the Chairman.
3. Daly House
According to the SHIP coordinator, $42,000.00 was provided by SHIP to construct the Daly
House.
I need Board direction. Does the Board desire to re-advertise the house for sale? Lori
Switzer suggested that you may desire to refer the matter to the SHIP advisory board for its
recommendation whether to sell the house or rehab it for use as a rental managed by them? I
presume that rehab of the building by SHIP will require the use of additional SHIP monies
for repairs. You may want to consider conveying the property to the Franklin County Land
Trust and let them develop the use of the property at their expense.
Board Action Requested: How does the Board want to proceed?
Non-Action Items
4. South Shoals
a. Effective October 20,2011, following the Clerk of Court's receipt of your deposit
into the Court's Registry, title to the 300 foot long by 50 foot wide paved strip of
land connecting Harbor Circle to Tom Roberts Road vested in Franklin County in
fee simple.
b. Attached is a copy ofthe signed settlement agreement between Franklin County
and Capital City Bank. The original has been given to the Clerk.
5. Repeal of Local Gun Ordinances
The hearing on the Board's consideration of the repeal of local gun ordinances and
regulations will be held on November 15,2011.
6. 2010 Census
I am reviewing the 2010 census information with Mark Curenton. You are required to
consider the 2010 census before the end of the year and determine what, if any, changes will
need to be made to the existing commissioner district boundaries. I anticipate being ready to
bring this before you at either the first or second meeting in December 2011.
7. Carrabelle Health Department
Attached is the letter the Board directed to be sent to Dr. Farmer. The letter speaks for itself.
8. Franklin County Military Training Exercise
Attached is the letter from the Soard authorizing military training in Franklin County,
provided due public notice is given. The letter speaks for itself.
9. BP Denial of Skimmer Claim
Attached is a letter from BP to CGA confirming its denial ofCGA's claim for reimbursement
for staging an oil skimmer in Franklin County. The letter speaks for itself.
Attorney Jordan Kay represents CGA. He informs me that he is preparing a lawsuit against
BP and that CGA will ask the Board either to join as a party to the lawsuit or assign our
skimmer claim against BP to CGA. Your contract with CGA requires that we work with
CGA in good faith and that CGA will be lead plaintiff in any lawsuit against SP. This means
that the principal expense for any litigation falls on CGA.
Sincerely,
~ ~ . ~
Thomas M. Shuler
Franklin County Attorney
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General Counsel
Executive Assi!;,tant
FLORIDA STATE ASSOCIATION OF SUPERVISORS OF ELECTIONS
PO Box 350 ITallahassee, Fl 323021 Telephone; (850) 599-9120
September 6, 2011
Dear Canvassing Board Member:
The 2012 Presidential election year is almost upon us, and the 2011 Legislative
Session brought about many changes to Florida's election laws that will impact
your job as a Canvassing Board Member.
In light of these recent changes, the Florida State Association of Supervisors of
Elections is hosting a statewide Canvassing Board Workshop to be held at
The Florida Hotel at the Florida Mall in Orlando on Friday, December 9, 2011.
This workshop is intended for County Judges, County Commissioners,
Canvassing Board Attorneys and Supervisors of Elections.
Our workshop will highlight the important role that each member of the
Canvassing Board plays in the elections process.
The registration fee of $60.00 covers the workshop, luncheon, and the
Canvassing Board ManuallCD that you will receive at the workshop that day.
The Florida Hotel at the Florida Mall has extended a special rate of $90.00
(government rate) to FSASE for those attendees who plan to arrive the day
before and lor stay for the night after the workshop adjourns,
To make Hotel Reservations:
Online: www.thefloridahotelorlando.com
(Group 10:13516 Password: 9396)
By Phone: 800-5884656
Be sure to mention FSASE to receive the contracted rate
Continuing education credits for this workshop are being requested for all
judges, attorneys, and election supervisors.
We are truly looking forward to your participation and the opportunity to provide
you with an informative and educational program.
Sincerely,
David Stafford, FSASE President
Chris Chambless, Education Chair
Bill Cowles, Host Supervisor
FACT SHEET
FSASE CANVASSING BOARD WORKSHOP
FRIDAY, DECEMBER 9, 2011
WHAT: FSASE Canvassing Board Workshop
WHEN: Friday, December 9,2011
9:00 AM Registration/1 0:00 AM to 4:00 PM Program
WHERE: Florida Hotel at the Florida Mall
1500 Sand Lake Road
Orlando, Florida 32809
WHO: county Judges, County Commissioners, Canvassing Board Attorneys and
Supervisors of Elections
FEE: $60.00 per person made payable to FSASE and mailed to:
FSASE, P.O. Box 350, Tallahassee, Florida 32302
You may also register online: www.myfloridaelections.org
(click the conference registration link)
Deadline for registering is Monday, November 21 , 2011
Deadline for cancellation with refund is Friday, December 2, 2011
TOPICS TO BE DISCUSSED:
Canvassing Board Responsibilities
Election Law Changes & Challenges
Ballot Canvassing
Determining Voter Intent
Conducting Recounts
Post Election Audits
Preparing for Litigation
EDUCATIONAL CREDITS:
Have been requested for County Judges, County Attorneys and Supervisors of
Elections
HorEl ACCOMMODATIONS: The Florida Hotel and Conference Center
1500 Sand Lake Road
Orlando, Florida 32809

Room Rates - $90.00 (government rate) plus $11 per day service
charge (includes internet, newspaper, 2 bottles of water,
24 hour access to our business and fitness center)
Please bring your county tax exemption for hotel
Be sure to mention FSASE when making your reservations
..
FSASE CANVASSING BOARD WORKSHOP
FLORIDA HOTEL AT THE FLORIDA MALL
ORLANDO, FLORIDA
FRIDAY, DECEMBER 9,2011
E,S,il
gAM REGISTRATION

10:00 AM TO 4:00 PM PROGRAM
REGISTRATION FORM
Name as it should appear on name tag:
First Name Last Name
_________________
Please check one:
D County Commissioner D
County Judge-Bar No.:_____
D No.:______ D Supervisor of Elections
D Other
Mailing Address:
_______________________City:______......:Zip Code:___
Phone No: _______Fax No: ______,Email:________
Workshop fee is $60.00 per attendee. Please make all checks payable to FSASE and
mail to: FSASE
P.O. Box 350
Tallahassee, Florida 32302
You may also register online: www.myfloridaelections.org (click the conference
registration link)
Registration Deadline - November 21, 2011
For more information regarding registration, contact Ron Labasky, General Counsel,
Florida State Association of Supervisors of Elections at 850-599-9120
****************************************************************************************************
Office Use Only:
Amt. Paid: Date Received: Receipt No.: By:
ELECTION SYSTEMS & SOFTWARE, LLC
RENTAL OF EQUIPMENT AND SALE OF SERVICES
This Agreement is made as of the date it is executed by the last of the parties named below on the signature page (the
"Effective Date"),
BETWEEN: Election Systems & Software, LLC, a Delaware limited liability company ("ES&S")
AND: Franklin County, Florida ("Customer").
RECITALS:
A. Customer has agreed to rent, license and purchase, as applicable, ballot marking equipment and related software
and services from ES&S for use in Franklin County, Florida (the "Jurisdiction"). The terms and conditions under
which the equipment. software and services shall be provided are set forth in the GENERAL TERMS attached
hereto and incorporated herein by reference.
NOW, THEREFORE. for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, each of the parties hereto:
Agrees to the GENERAL TERMS and the terms and conditions set forth in the Agreement. .
Agrees that at all times, this Agreement shall be governed by and construed in accordance with the laws of the
State of Florida.
Represents and warrants to the other party that as of its Signature date indicated below it has full power and
authority to enter into and perform this Agreement, and that the person signing below on its behalf has been
properly authorized to execute this Agreement.
Acknowledges that it has read this Agreement. understands it and intends to be bound by it.
ELECTION SYSTEMS & SOFTWARE, LLC FRANKLIN COUNTY, FLORIDA
11208 John Galt Boulevard 47 Avenue F
Omaha. NE 68137 Apalachicola, FL 32320
Fax No.: (402) 970-1291 Fax No: (850) 653-9092
Signature Signature
Name (Printed or Typed) Name (Printed or Typed)
Title Title
Date Date
1
RENTAL OF EQUIPMENT, SALE OF SERVICES AND LICENSE OF SOFTWARE
GENERAL TERMS
1. Description of Rental Equipment. Software and Services. The following constitutes all Rental Equipment, Software and
Services to be provided by ES&S to Customer under this Agreement:
RENTAL EQUIPMENT
DESCRIPTION
Annual Unit Total
QUANTITY MODEL
Rental Equipment:
ES&S Services:
1
10
Regional Training - Equipment Operation
AutoMARK Routine Maintenance Services (See Section 4.a for
Details)
Total Annual Rental Payments For Equipment and Services:
Ballot Printing and AutoMARK Programming and Voice File Services:
TBD Ballot Printing Services (14" & 17" Ballots) - Includes Freight
TBD Ballot Printing Services (19" Ballots) -Includes Freight
TBD AutoMARK Programming and Voice File Services
Total Annual Payments for Ballot Printing & AutoMARK Programming & Voice File Services:
Fee Annual Fee
Included
Included
$0.31
$0.33
Included
Included
TBD
TBD
ncluded in
Ballot
Printing
TBD
Note: The Rental Equipment will be scheduled for delivery in conjunction with the return of Customers iVotronic Units to ES&S.
Invoicing and Payment Terms:
$4.900.00 Due December 1, 2011 for the Rental Period January 1, 2012 through December 31, 2012.
$4,900.00 Due December 1,2012 for the Rental Period January 1, 2013 through December 31,2013.
$4.900.00 Due December 1,2013 for the Rental Period January 1, 2014 through December 31,2014.
$4,900.00 Due December 1,2014 for the Rental Period January 1, 2015 through December 31, 2015.
$4,900.00 Due December 1,2015 for the Rental Period January 1, 2016 through December 31,2016.
Ballot Printing, AutoMARK Programming and Voice File Services will be invoiced as Services are provided. 100% of invoice total
due within 30 calendar days of invoice date.
Delays in payment due to no fault of ES&S will be subject to interest charges in the maximum amount permitted by applicable
law
2. Description of Services.
a. Installation. Section 1 specifies the items of Rental Equipment or Software, if any, which ES&S' employees, agents
or authorized representatives ("Representatives") will install at Customer's designated site. Customer shall pay
ES&S a fee for such installation services at ES&S's then-applicable rates for such services. Customer will provide,
at its own expense, a site adequate in space and design for installation and operation of the Rental Equipment and
Software. Customer shall be responsible for providing a site that is temperature and humidity controlled, has all
necessary electric current outlets, circuits, and wiring for the Rental Equipment and Software, and has electric
current of sufficient quality and quantity to operate the Rental Equipment and Software, all as specified in the
Rental Equipment Documentation or the Software Documentation (as each is defined below) (collectively the
"Documentation"). ES&S may, but shall not be required to, inspect the site and advise on its acceptability before
2
any Rental Equipment or Software is installed. Customer shall be responsible for installing all items of Rental
Equipment or Software not installed by ES&S, in accordance with the instructions furnished in the Documentation.
ES&S shall have no liability for actual site preparation or for any costs, damages or claims arising out of the
installation of any Rental Equipment or Software by Customer.
b. Ballot Printing, AutoMARK Programming and Voice File Services. Customer agrees to utilize ES&S on an exclusive
basis for Ballot Printing, AutoMARK Programming and Voice File Services for all elections conducted in the
Jurisdiction during the Rental Term. For the sake of clarity, the Annual Unit Fee for these services includes the
following:
Description Price per Ballot
14",17" and 19" Ballots:
Base ballot charge Included
Backside of ballot Included
~ a n d I or numbering Included
Folding Included
Scoring Included
Packaging Included
Color requirements - defined as a color bar on the ballot. Other Included
designs or methods will be subject to a separate quote.
3
TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT
3. Items Included in Rental Equipment. In addition to the Rental Equipment. ES&S will also provide Customer with copies of
operating instructions, user manuals and training materials for the Rental Equipment ("Rental Equipment Documentation") ..
4. Maintenance Services. During the Rental Term (as defined below), ES&S shall provide the following Hardware Maintenance
Services to the Customer under this Agreement for the Rental Equipment listed in Section..! (the Products). The Hardware
Maintenance Services shall be subject to the following terms and conditions:
a, Routine Maintenance Services. An ES&S Representative shall provide such services as may be
necessary to keep the Products in Normal Working Condition (,Routine Maintenance Services") once each Twenty-Four
Months during the Rental Term. Generally. Routine Maintenance Services shall include cleaning,lubrication, diagnostic
check. and calibration services, The Routine Maintenance Services shall not include the repair or replacement of any
ES&S Equipment components that are consumed in the normal course of operating the Equipment, including, but not
limited to, paper rolls, batteries, removable media storage devices, PCMCIA cards, ink pads, ink cartridges or marking
devices. Customer may request that Routine Maintenance services be performed more than once during the Initial
Maintenance Term or any Renewal Period, Any such request shall be made at least sixty (60) days before the Routine
Maintenance Services are desired. The per-unit fee for such additional Routine Maintenance Services shall be at
ES&S's then-applicable rates for such services and shall be due within thirty (30) days after invoice date. ES&S will
schedule the Routine Maintenance Services with Customer. The Routine Maintenance Services will be provided at
Customer's Designated Location. Customer's "Designated Location" shall mean Customer's owned or leased facility at
which Customer desires ES&S to perform the Hardware Maintenance Services. Customer acknowledges and agrees
that the performance of Routine Maintenance Services for Product(s) identified in Section..1 as "depot repair only shall
only be provided pursuant to Section 4(b) below.
b. Repair Services.
i. Defects Under Normal Use and Service. If a defect or malfunction occurs in any Product
while it is under normal use and service, Customer shall promptly notify ES&S, and ES&S shall use reasonable
efforts to restore the item to the ordinary purpose for which it is to be used, normal wear and tear excepted
("Normal Working Condition"), as soon as practicable. The services provided by ES&S pursuant to this
Subsection 4(b)(i) are referred to herein as "Repair Services". ES&S will perform Repair Services in conjunction
with a preventative maintenance event as follows:
a) Repair Services for Products covered under this Agreement will be performed at
Customer's Designated Location.
ii. Defects Due to Customer Actions or Omissions. If a defect or malfunction occurs in any
Product as a result of (1) repairs, changes, modifications or alterations not authorized or approved by ES&S, (2)
accident. theft, vandalism, neglect, abuse or use that is not in accordance with instructions or specifications
furnished by ES&S or (3) causes beyond the reasonable control of ES&S or Customer, including acts of God,
fire, flooding, riots, acts of war, terrorism or insurrection. labor disputes, transportation delays, governmental
regulations, and utility or communication interruptions, rodent infestation, or if Customer does not notify ES&S
within 24 hours after it knows of the defect or malfunction or is otherwise not in compliance with its obligations
hereunder, Customer shall pay ES&S for the Repair Services at ES&S' then-current rates, as well as for the
cost of all parts used in connection with such Repair Services,
iii. Timing. The date(s) on which any Repair Services shall be provided shall be mutually agreed
upon by ES&S and Customer. If Customer requires ES&S to proVide "emergency" Repair Services (which shall
be defined as Repair Services that are provided within 48 hours after Customer notifies ES&S of the need
therefor), and such emergency Repair Services are not needed as a result of an action, error or omission by
ES&S, Customer shall pay a surcharge at ES&S's then-applicable rates for such services and shall be due
within thirty (30) days after invoice date.
iv. Replacement Unit. In the event that ES&S is unable to repair any Product in order to return it to
Normal Working Condition as set forth herein, ES&S may, in its sale discretion, provide the Customer with a
replacement unit for use during the Rental Term .. If the replacement of any Product is as a result of actions or
omissions of the Customer pursuant to Subsection 4(c)(ii) above, Customer shall pay ES&S for the use of the
replacement unit at ES&S' then-current rates including the cost of shipping.
4
c. Exclusions. ES&S has no obligation under this Agreement to 0) assume the obligations under any
existing or expired warranty for a Third Party Item; (ii) repair or replace Product components that are consumed in the
normal course of operating the Product, including, but not limited to, paper rolls, batteries, removable media storage
devices, PCMCIA cards. ink pads. ink cartridges or marking devices, or (iii) repair any Product from which the serial
number has been removed or altered. In addition, ES&S may, at any time in its discretion, determine that any Product is
no longer fit for Hardware Maintenance Services because it is in such poor condition that it cannot practically be restored
to Normal Working Condition, or cannot be restored to Normal Working Condition at an expense that is less than the
then-current value of the Product. If such a determination is made. ES&S shall no longer be required to provide
Hardware Maintenance Services for such Product and shall provide the Customer with a replacement unit to be used for
the duration of the Rental Term.
d. Sole Provider: Access. Customer shall not permit any individual other than an ES&S Representative
to provide maintenance or repairs with respect to the Products during the Rental Term. Customer shall provide ES&S
Representatives with all information necessary to enable them to provide Hardware Maintenance Services. Customer
shall likewise provide full access to the Products and adequate working space for all Hardware Maintenance Services
performed at its Designated Location, including sufficient heat, lights, ventilation, electric current and outlets.
e. Storage. When not in use, Products should be stored in a clean, secure environment. During
operation of the Products, the facility temperature range should be 50to 104and the moisture range should be 10% to
50% relative humidity.
5. Rental Payments. The rental payment for each item included in the Rental Equipment for the Rental Term (defined below) is
set forth in Section 1 above, and the total amount thereof shall be paid in accordance with the terms of Section 1. Customer
shall notify ES&S if it desires to rent additional items of Rental Equipment. If ES&S agrees to rent such items to Customer,
the parties shall amend Section 1 of this Agreement to include such items within the definition of "Rental Equipment" and
Customer shall pay to ES&S rental payments for each such item at ES&S's then-current rental rates.
6. Rental Term. The period during which Customer shall rent the Rental Equipment from ES&S shall be in effect from January
1,2012 through December 31,2016, unless earlier terminated pursuant to this Agreement (the "Rental Term"). Upon
written agreement between the parties this Agreement may be renewed for an additional period under terms, conditions and
pricing mutually agreed upon by the parties. The Rental Term shall terminate upon the first to occur of (i) a breach of any
provision herein applicable to the Rental Equipment which has not been cured by the breaching party within thirty ( 3 ~ ) days
after it receives written notice of the breach from the non breaching party (except a breach as provided in on) below which will
require no notice) or; (Ii) Customer providing thirty (30) days' prior written notice to ES&S of its deSire to terminate the Rental
Term; subject to the terms set forth herein; or (iii) Customer's failure to make any rental payment due hereunder within sixty
(60) days after it is due. Further, in the event of a termination by Customer in accordance with Section 6(ii) above, Customer
acknowledges and agrees that ES&S' fees for the Rental Equipment, Software and services as set forth in Section 1 are
based upon (a) a contractual commitment by Customer to rent the equipment, license the software and purchase the services
for a period of at least five (5) years, (b) ES&S' allocation of equipment and software to be provided to Customer during the
Rental Term as well as its dedication of suffiCient resources during the Rental Term to perform such services and provide
associated prioritization of Customer in its service deliveries, and (c) the descriptions of such equipment, software and
services in Section 1. In the event that Customer changes its commitment to a period of less than five (5) years for any
reason other than a termination for cause pursuant to Section 6(i) ofthis Agreement, Customer hereby agrees to pay within
thirty (30) calendars days after the effective date of such termination a balance due charge that consists of the difference
between ES&S's then current fees for the rental of equipment, license of software, Routine Maintenance Services, 8allot
Printing Services, Coding Services and Voice File Services for all Elections up to the date of early termination and the fees
for such services set forth in Section 1.':'.twithstanding the foregoing, in the event Customer, during the Rental Term,
executes a definitive purchase agreement with ES&S for the purchase of an ES&S voting system to replace the Rental
Equipment set forth herein, Customer may terminate this Agreement by providing thirty (30) days prior written notice to ES&S
and Customer shall not be subject to the payments set forth in the preceding sentence. No later than ten (10) calendar days
following the termination of the Rental Term, Customer shall release the Rental Equipment to ES&S at its own expense and
in the same operation, order, repair, condition and appearance as when received, subject to normal wear and tear. In the
event CUstomer fails to release the Rental Equipment to ES&S no later than ten (10) calendar days following the termination
of the Rental Term, Customer shall pay to ES&S a late return charge in the amount of $500.00 per calendar day until the
Rental Equipment is returned to ES&S in accordance herewith.
5
TERMS AND CONDITIONS RELATING TO SOFTWARE
7. Grant of License.
a. In General. ES&S hereby grants to Customer a nonexclusive and nontransferable license during the Rental Term
for its bona fide full-time employees to Use (defined below) the ES&S Software and ES&S Software Documentation
designated in Section 1.
b.
c. Definition of Use. For purposes of this Agreement. the term "Use" shall mean the right to copy or utilize all or any
portion of the instructions or data of the ES&S Software from tangible media supplied by ES&S ("Tangible Media").
The ES&S Software may be used only for internal purposes and shall not be used by, for, or on behalf of, third
parties. "Use" shall also mean the right to retain and consult the ES&S Software Documentation. Customer's right
to Use the ES&S Software and the ES&S Software Documentation shall not include the right to do any of the
following:
i. Copy, in whole or in part, any ES&S Software (except for backup and archive purposes and provided that
no more than one copy may be in existence at anyone time for such purposes), any Tangible Media or
any ES&S Software Documentation;
ii. Reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit,
allow or assist others to create the source code of the ES&S Software or the structural framework of the
ES&S Software;
iii. Cause or permit any use, display, loan, publication, transfer of possession, sublicensing or other
dissemination of the ES&S Software or the ES&S Software Documentation, in whole or in part, to or by
any third party without Licensor's prior written consent;
iv. Modify, enhance or otherwise change the ES&S Software;
v. Use the ES&S Software except as specified in the ES&S Software Documentation or as otherwise
authorized by ES&S in writing; or
vi. Use the ES&S Software on more items of DeSignated Equipment unless authorized in writing by ES&S.
8. Fees. The license fees for the ES&S Software and the ES&S Software Documentation (collectively the "Licensed Items")
for the Rental Term are set forth in Section 1 above and shall be paid in accordance with the terms of Section 1.
9. Term; Termination. The license granted herein shall become effective on the date the ES&S Software is installed by
Customer (the "Start Date") and shall remain in force during the Rental Term. Upon termination of the license, Customer
shall immediately return the ES&S Software and any other Confidential Information in its possession or under its control
(including any and a" copies) to ES&S. Termination of the license pursuant to this provision is in addition to any other
remedies available to ES&S at law or in equity.
10. TItle: Copyright Notice. Customer acknowledges and agrees that: (a) all right, title and interest in and to the ES&S Software,
the ES&S Software Documentation and the Tangible Media is owned by ES&S, and Customer has only a limited license to
Use such items during the Software License Term. Customer agrees not to challenge ES&S's right, title and interest in and
to the ES&S Software, the ES&S Software Documentation or the Tangible Media and to notify ES&S immediately if it
becomes aware of any such challenge. Customer shall include the copyright and proprietary rights notices which are set
forth on each item of Tangible Media on any copies of the Software which are made from such item of Tangible Media.
Likewise, Customer shall include the copyright and proprietary rights notices which are set forth on each item of
Documentation on any copies thereof.
11. Export. Customer acknowledges that the laws and regulations of the United States may restrict the export of certain
commodities and technical data of United States origin, including the Software, in any medium. Customer agrees that it
shall not export the Software or the Documentation in any form without the appropriate United States and foreign
govemment licenses. Licensee further agrees that its obligations pursuant to this Section 11 shall survive and continue after
the termination of this Agreement.
TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT AND SOFTWARE
6
,
12. Limitation on Liability. ES&S' total liability to Customer for any losses, damages, costs or expenses of any nature, whether
direct or indirect, arising from or relating to ES&S' performance of this Agreement or the products or services provided by
ES&S hereunder, shall be limited to the aggregate amount paid by Customer to ES&S for the product(s) or services(s) that
caused the losses or damages or are the subject matter of the claim or cause of action. By entering into this Agreement,
Customer agrees to accept responsibility for (i) the selection of the Rental Equipment and Software to achieve Customer's
intended results; (ii) the use (Use) ofthe Rental Equipment and Software; (c) the results obtained from the use ofthe Rental
Equipment and Software; and (d) the selection of, use of and results obtained from any equipment, software or services not
provided by ES&S and used with the Rental Equipment or Software.
13. Shipment: Title and Risk of L9SS. ES&S will ship the Rental Equipment and Software by common carrier to Customer on a
date mutually agreed upon by ES&S and Customer, and risk of loss with respect to the Rental Equipment and Software shall
pass to Customer when such items are delivered to Customer's place of business. Title to the Rental Equipment shall
remain in ES&S. ES&S shall also bear the risk of loss with respect to the Rental Equipment (except that Customer shall bear
the risk of loss with respect to, or damage to, the Rental Equipment which is caused by fire, the elements, theft, vandalism,
negligent or intentional acts of Customer's employees or other events which are within the control of Customer). During the
period in which this Agreement is in effect, Customer shall. at its sale expense, maintain the Rental Equipment in good
operating condition and repair and protect the Rental Equipment from deterioration other than normal wear and tear and
shall procure and maintain insurance on the Rental Equipment to adequately insure the risks of loss for which Customer is
responsible hereunder. Upon request. Customer shall provide ES&S with copies of any and all policies procured and
maintained by Customer insuring Customer's risks of loss hereunder. Customer shall not use the Rental Equipment for any
purpose other than those for Which it was designed and shall not, without the priorwrltten consent of ES&S, alter the Rental
Equipment or affix to or install on the Rental Equipment any accessory, equipment or device which was not supplied to it by
ES&S. Customer shall make the Rental Equipment and any records pertaining thereto available to ES&S during regular
business hours for inspection. Customer will not. without the prior written consent of ES&S and subject to such conditions as
ES&S may impose for its protection, affix any item of Rental Equipment to any real property if, as a result thereof, such item
of Rental Equipment will become a fixture under applicable state law.
7
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR FRANKLIN COUNTY, FLORIDA
FRANKLIN COUNTY, a political
subdivision ofthe State of Florida,
Plaintiff,
vs. Case No. 1 I -00274-CA
CAPITAL ClTY BANK, a r10rida
corporation, FRANKLIN COUNTY
TAX COLLECTOR and FRANKLIN
COUNTY PROPERTY APPRAISER,
Defendants.
SETTLEMENT AND FORBEARANCE AGREEMENT
TIUS SETTLEME'IT AND FORBEARANCE AGREEMENT (,'Agreement") is made and
entered into on this day of October 2011, by and between FRANKLIN COUNTY and
CAPITALCfTY BANK.
RECITALS:
WHEREAS, on July 20 I I, Franklin County ("County") filed a "Petition in Eminent
Domain" to acquire certain propel'ty owned by Capital City Bank ("Litigation"); and
WHEREAS, on September 2, 201 I, Capital City Bank ("Bank") served its "Answel' of
Defendant, Capital City Bank," in which the Bank raised six (6) affirmative defenses; and
WHEREAS, on September 22, 2011, the parties participated in a mediation conterenceinan
attempt to amicably resolve the Litigation; and
WHEREAS, the parties desire to enter into this mediated Agreement for the purposes of
resolving the Litigation, and are motivated by a desire to avoid the costs, time, and uncertainty
associated with litigation and to arrive at a fair and reasonable agreement to resolve their dispute.
NOW, THEREFORE, in consideration ofthe terms and mutual covenants contained herein,
and other good and valuable consideration, the receipt and surficicncy of which is hereby
acknowledged, the parties hereto, intending to be legally bound, agree as follows:
Page I of 9
1. Recitals. The above-referenced recitals are true and correct and are hereby
incorporated il1to this Agreement for all purposes.
2. Terms of Agreement. In connection with the parties' mutual execution of this
Agreement and the covenants and terms herein, the parties agree as follows:
A. The Bank shall prepare and pay for a valid appraisal of the land which is the
subject matter ofthis eminent domain lawsuit and which is described in Exhibit "B"
to the Petition in Eminent Domain ("Property"). The Bank shall deliver said
appraisal to Franklin County on or before December 2, 20 ll. If such appraisal
exceeds the present balance ofthe Bald Point Trust Fund stated in paragraph 2.B, the
Bank stipulates that its request for payment shall be capped at the present balance of
the Bald Point Trust Fund stated in paragraph 2.B., which shall bethe same amount
set forth in the Order of Taking, and the Bank hereby irrevocably waives any
claim to the amount stated in the appraisal which is higher than the amount provided
in the Order.
B. The parties hereby sti pu late to the entry ofan Order of Taking for the Property. The
parties filrther stipulate the Deposit to be made by the County, pursuant to the Order
of Taking ("Order"). shall be $407,965.00 (the present balance in the Bald Point
Trust Fund).
C. Following entry of the Order referenced in paragraph 2.B, Franklin County shall
deposit into the Court's registry the amount stated in the Order. The Bank sha II have
the right to withdraw $30,000.00 fi'om the court's registry immediately after it
provides the appraisal required by paragraph 2.A. If the appraised value set forth in
such appraisal is less than $407,965.00, the County shall have the right to
immediately withdmw from the court's registry the difference between such
amounts, and the parties shall stipulate to the entry ofan Amended Order reflecting
the lower amount of the Bank's appraisal. The parties agree that, after such
withdrawal(s), the balance of the funds shall remain in the court's registry as
provided herein until after FEMA makes its final decision regarding franklin
County's request for reimbursement. .
D. lflhe final FEMA funds received, exclusive ofFEMA's reimbursement ofexpenses
to Franklin County, are sufficient to reimburse the County for the amount stated in
the Order or Amended Order, the Bank shall have the rightto immediately withdraw
the balance of such lltnds from the court's registry, and the parties shall
simultaneously and immediately execute a StipUlated Final Judgment, with each
party paying its own attorneys' fees, expert fees, and costs. Such funds, which are
exclusive of FEMA' s reimbursement of expenses to Franklin County, shall
exclusively belong to the Bank. FEMA's reimbursement pursuant to the appraisal
required by paragraph 2.A shall not be reduced by or contingent upon Franklin
County's request for or receipt of reimbursement for expenses from FEMA. FEMA's
Page 2 of 9
reimbursement of expenses to Frank lin County, which are in addition to the fair
market value ofthe Property established pursuant to paragraph 2.A., shall exclusively
belong to Franklin County and are excluded from this settlement.
E. Fce simple title to the Property shall vest with Franklin County
following the deposit required by the Order.
F. Within fourteen (14) days after receipt ofthe appraisal required by paragraph 2.A.,
Franklin County shall apply to FEMA for reimbursement ofthe amount stated in the
Order or Amended Order, plus Franklin County's expenses.
G. If FEMA reimburses Franklin County less than the amount stated in the Order or
Amended Order, exclusive of FEMA's reimbursement of expenses to Franklin
County, (,<Lesser Amount"), then the Bank may elect, within fourteen (14) days of
the date ofthe FEMA reimbursement, to accept or reject such Lesser Amount Ifthe
Bank agrees to accept such Lesser Amount, then the parties shall execute and file a
Stipulated Final Judgment simultaneollsly with sllch withdrawal, with each party
paying its own attorneys' fees, expert fees, and costs. Ifthe Bank rejects slIch Lesser
Amount, then the patties agree that they wjll proceed to a final hearing to determine
the final fair market value ofthe Property, and that the funds in the court's registry
shall remain there until the entry of a final order. Additionally, for all purposes
related to such fina I hearing, the parties shall exclusively treat the Order or Amended
Order as if it had proceeded to a contested hearing on the Declaration of Taking at
which tIle court granted Franklin County's Declal1Hion ofTaking and established the
fair market value of the Property as $30,000.00. In the event of such a tinal
valuation hearing, each party shall preserve all of its rights, claims, and defenses,
including the right to seek reasonable attorneys' fees, expert fees, and costs, as ifthis
settlement had not occurred. In the event of such final valuation hearing, the parties
also agree that all documents and papers associated with this settlement, including,
but not necessarily limited to, Franklin County's fEMA reimbursement request made
pursuant to this settlement and the Order of Taking or Amended Order, shall be
inadmissible at such hearing for any purpose, provided that the Bank may admit the
appraisal referenced in paragraph 2.A.
H. Ifthe County has not received reimbursement [i'om FEMA within six (6) months of
the date on which FEMA received the County's completed application for
reimbursement then thereafter, the Bank may notify the County that the Bank elects
to treat PEMA's failure to reimburse the COLlnty the same as if the Bank elected to
reject a lesser amount ofreimbursement as provided in paragraph 2.G and the patties
will then treat the Bank's election as a rejection of FEMA's reimbursement and the
parties will proceed as otherwise provided in paragraph 2.G. Such six. (6) month
shall be tolled for the length of time associated with responding to any
requests from FEMA for additional information regarding the appraisal required by
paragraph 2.A.
Page 3 of 9
L This Agreement is not binding on Franklin County until the Franklin County Board
ofCounty Commissioners votes to approve such Agreement at a dulYKnoticed public
hearing to be held no later than October 7, 20J I. Mr. Alan Pierce, the County's

representative, shall recommend approval ofthis Agreement. .

3. Authority. Each party represents and warrants, with respect to itself, that the
execution and delivery ofthis Agreement has been authorized by all necessary action ofeach party,
and that this Agreement constitutes the legal, valid, and binding agreement of each party,
enforceable in accordance with its terms.
4. Governing Law; Venue. This Agreement shal t be construed, interpreted, enforced,
and governed in.accordance with the laws ofthe State ofFlorida. Venue fOf any action arising out
of or related to this Agreement shall be in Franklin County, Florida.
5. Binding Effect. This Agreement shall be binding II pon and shall inure to the benefit
of the respective SlIccessors, heirs, assigns, representatives, affiliates, officers, directors, and
members ofthe pal1ies hereto.
6. Non-Waiver. Failure by the County or the Bank to insist upon the strict performance
ofany afthe terms, conditions. or provisions ofthis Agreement shall not be deemed to be a waiver
ofsuch terms, conditions, and provisions, and the County or the Bank, notwithstanding stich failure,
shall have the right hereafter to insist upon the strict performance of any or all such terms and
conditions of this Agreement as set forth herein.
7. Mntual Releases.
A. The County hereby waives and releases, acquits, satisfies, and forever
discharges the Bank from any and all claims, counterclaims, and demands which the County
ever had or now bas, in law or in equity, for, upon, or by ..eason regardi ng the determination
ofnecessity and pu blic purpose in the Order ofTaking or Amended Order and the valuation
of damages related to said Order.
B. The Bank hereby waives and releases, acquits, satisfies, and forever
discharges the County from any and a!l claims, counterclaims, and demands which the Bank
ever had or now has, in Jawor in equity, for, upon, or by reason regarding the determination
ofnecessity and pu blic purpose in the Order ofTaking or Amended Order and the valuation
of damages related to said Order.
C. These releases shall become effective only upon the Bank's acceptance of
FEMA funds.
Page 4 of 9
8. Interpretation; Headings. All patties hereto acknowledge that they participated in
the negotiation and drafting ofthe terms ofthis Agreementand acknowledge that no provision shall
be strictly construed against one party or the other hased solely on draftsmanship. The palties have
entered into this Agreement without duress, coercion, or under undue influence ofany kind, and are
motivated by a desire to avoid the costs and time associated with litigation and to arrive at a fait and
reasonable agreement with regard to the parties' dispute. All patties hereto acknowledge that they
have been represented by counsel in connection with the negotiation ofthe terms ofthis Agreement
and that they enter into this Agreement freely and voluntarily, and only after consultation with their
respective counseL All sections and descriptive headings in this Agreement are inserted for
convenience only, and shall neither aJTcct the construction or interpretation hereof, nor add or
subtract from the meaning ofthe contents of each section.
9. Entire Agreement; Amendments. This Agreement represents the entire
understanding and agreement between the parties with respect to the subject matter hereof No
representations have been made, either express or impl ied by the parties, other than those expressly
set forth in this Agreement. This Agreement, or any part hereof, may not be changed, amended,
waived, discharged, or termi nated except by an instrument in writing, executed by the party against
whom or which enforcement ofthe change, amendment, waiver, discharge, or termination is sought.
10. Enforcement; Remedies. The parties hereto shall have all equitable and legal
remedies available under Florida law to en force the terms and conditions ofthis Agreement, and the
terms ofthis Agreement shall be specifically enforceable in Circuit Court.
11. Severability. Ifany part ofthis Agreement is found invalid or unenforceable by any
court of competentjurisdiet ion, slIch invalidity or unenforceabi lity shall not a m ~ c t the other parts of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this
Agreement is declared severable.
12. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit
ofthe formal parties hereto and no right or calise ofaction shall accrue by reason hereofto or for the
benefit of any third party not a formal party hereto. Nothing in this Agreement, expressed or
implied, is intended or shall be construed to confer upon or give any person or entity any right,
remedy, or claim under or by reason ofthis Agreement or any provisions or conditions hereof, other
than the parties hereto.
13. Purpose of this Agreement; Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding filrther litigation and in
recognition of the desire for the speedy and reasonable resolution of the parties' dispute. The
acceptance of proposals for purposes of this Agreement is part ofa mediated settlement affecting
many factual and legal issues and is not an endorsement of, and does not establish precedent for, the
use of these proposals in any other circumstances.
Page 5 of 9
14. Attorneys' Fees; Costs. The parties hereto expressly agree to bear the fees and costs
oftheir respective counsel, experts, and consultants in the Litigation and in the preparation ofthis
Agreement, and the palties expressly waive any and all rights to pursue an award ofattorneys' fees
and costs in the Litigation, except as otherwise provided for in paragraph 2.0.
15. Notices. All notices and other communications required hereu nder shall be in writing
and shall be delivered personally, or by registered or certified maiL return receipt requested, postage
prepaid, or by Federal Express, Airborne Express Mail, or other nationally recognized overnight
commercial delivery service, fees prepaid for neXl day delivery. Such notices shall be deemed to
have been received (i) upon delivery, ifpersonally delivered; (ii) upon the earlier ofactual receiptor
the second day after mailing, if mailed by registered or certified United States mail, return receipt
requested, postage prepaid; and (iii) upon the carHer ofactual receipt or the next business day ifserrt
by Federal Ex.press, Airborne Express, or other nationally recognized overnight commercial delivery
service, iffeesare prepaid for next day delivery. The addresses for delivery ofsuch notices shall be
as follows:
(a) To the County;
Chairman ofthe Franklin County Board of County Commissioners
33 Market Street, Suite 305
Apalachicola, Florida 32320
With a copy to:
Thomas M. Shuler, Esquire
The Law Office of Thomas M. Shuler. P.A.
40-4
1h
Street
Apalachicola, Florida 32320
(b) To the Bank:
Capital City Bank
Attn. Ed Canup and Kyle Phelps
Post Office Box 900
Tallahassee, FL 32302
Phones: 850/402-7963 (Ed Canup)
850/402-7960 (Kyle Phelps)
Page 6 of 9
With a copy to:
Kenneth R. Hart and
J. Marshall Conrad
Ausley & McMullen
Post Office Box 391
Tallahassee, FL 32302
Phone: 850/224-9115
And with copy to:
Ronald A. Mowrey
Mowrey Law Fi.rm, P.A.
515 North Adams Street
Tallahassee, FL 32301
Phone: 850/222-9482
or to such other address as any party hereto shall fi'om time to time designate to the other party by
notice in writing as herein provided.
16. This Agreement may be executed in counterparts, each ofwhich shall
be deemed to be an original and need not be signed by more than one ofthe parties hereto and all of
which shall one and the same agreement. The parties hereto further agree that each party
shall execute and deliver all other appropriate supplemental agreements and other instruments, and
take any other action necessary to make this Agreement fully and legally effective, binding, and
enforceable as between them and as against third parties.
17. Effective Date. This Agreement shall become effective upon the date ofexecution
by the last of the parties hereto.
J8. Waiver ofJury Trial. The parties hereby knowingly, voluntarily, and intentionally
waive any righllo ajury trial with respect to any claims arising in connection with this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
a manner sufficient to bind them on the day and year identified above.
Page 7 of 9
WITNESSES FRANKLIN COUNTY. FLORIDA
Name:________________
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF FRANKLIN
The foregoing instrument was acknowledged before me this __ day of October 20 II, by
Noah Lockley, Jr., as Chairman of the Franklin County Board of County Commissioners. Said
person (check one) 0 is personally known to me or 0 produced as
identification.
Printed
(Notary Seal) Notary Public, State
Commission
My commission
Page 8 of 9
--------
WITNESSES CAPITAL CITY BANK
Date: I (J / ')/1/
STATE OF FLORIDA
COUNTY OF LEON
._.' The instnlment befOt:e me this .2ilt' day of October 2011, by
.. /-'VI11: ,l,)' ( '/"'$1:) ,as: /<<<J..l}/.1t't.{"r.ltr' ofCapitai City Bank on behalfof
sajd entity. Saia person (check one) personally known to me or 0 produced
as identification.
Printed I:)'; ,:<:/1i:a
Notary Public, State of \/'/.&//';-,,d ..._____
'-.SMlTH
CommissionNo.
Notary Public State of FkH1d1
My commission expires:_ (}/1>: .,yJ1&%.0'
My Comm. e./Jlres Jun 24. 2013
p" )
Commission # 00 902410
Bonded Throllgh Nallonal Ass".
Page 9 of 9
WITNESSES FRANKLIN COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF FRANKLfN
The foregoing instrument was acknowledged before me this!J!!;;;ofOctober 2011, by
Noah Jr., as Chairman of the Franklin County Board of County Commissioners. Said
person (check one) )ED is personally known to me or 0 produced as
identification. .
Printed Name: /' 7kYYl
(Notary Seal) Notary Public, ...
Commission No.

My commission expires: ____
KIM L JOHNSON
I.:" " .. Commission DO 744679
\j;, Expires Januarv 15. 2012
';,f Ilooded ThIll T"'f Fain _ 800-385-'/1119
Page 8 of 9
Print N e: /HIJII( c5mit)v'
WITNESSES CAPITAL CITY BANK

-
Name: J!;fJ D. PIlEI.. PJ
Print Name! WIf.. "" 5.,...r1- m
Its: Svf/__ __ _____
Date: 10/7111
STATE 0 F FLORIDA
COUNTY OF LEON
r-J) The foregoing instrument b
7
fore me this 7
1
--& day .ofOctober 20 11; by
Ji) /ltt/)jJ . ,asC:i-&UIIJ.l11t1l;Q1'L ofCapital CIty Bank on behalfof
said entity. Said person (check one) i1Pis personally known to me or 0 produced
as identification.

Printed (f/J&4ttdl
(Notary Seal) Notary Pu _____
Commission No. .
My commission expires: l'
MARY P. SMI11f
_ Notary PUblic State of F'........
1,,1 c ..... 111
: y (I'nn) EXPIres Jun 24. 2013
CommIssion II DO 902410
80ll(Jed Through National Notary AlIII;
Page 9 of 9
rrFte aw Office of'11iomas :M.. Sliufer, (J'. JL
jl.pafac/iicofa, pf0rid4 32320
8$0-6J-1757 !MaiJine.Mifrrss;
pcq; 850-6J-8627 40-4"Stmt

October 11, 2011
Harry Frank Farmer, Jr., M.D., Ph.D., FACP
Florida's State Surgeon General
2585 Merchants Row Boulevard
Tallahassee, Florida 32399
Re: Franklin County Health Department -
Carrabelle, Florida Office
Dr. Farmer:
I represent Franklin County, a political subdivision of the State of Florida. I write to
formally notify you of a matter of great public importance to the health-care system in Franklin
County and to request your assistance.
As you know from communications predating this letter, on September 27,2011, Dr.
Chapman, a temporary local health department director, closed the Carrabelle Health Department
("Carrabelle Clinic"). My client is gravely concerned because we believe the closure of the
Carrabelle Clinic has substantially undermined the equitable delivery of healthcare services in
the City of Carrabelle, as well as the surrounding area it serves. The manner in which this
closure was implemented has undermined public confidence in the decision making process for
delivering health-care services in Franklin County. Almost as troubling as thc closure itself, are
the circumstances, and lack of due process, by which Dr. Chapman closed the Carrabelle Clinic.
Frankly, my client has been unable to fully assess the merits of Dr. Chapman's decision
because they were excluded from the decision making process. To this date, neither Dr.
Chapman, nor anyone else from the health department, have appeared before Franklin County to
provide an explanation for the closure.
The closure is troubling because on July 22, 2011, Dr. Chapman sought funding from
Franklin County to keep the Carrabelle Clinic open. That funding request was approved in the
final county budget in mid-September 2011. Then, on September 27,2011, the Carrabelle Clinic
was cloped without notice to my client. My client was denied notice and the opportunity to
discuss the closure. In the past, when the state considered possibly closing the Carrabelle Clinic,
Franklin County was given prior notice and the matter was discussed publicly. In this instance,
my client was deliberately frozen out of the process by Dr. Chapman.
The following is a sample of specific reasons why the closure of the Carrabelle Clinic
was unexpected and shocking to Franklin County. This list is not meant to be exclusive. On
July 22, 2011, Dr. Chapman appeared before the Franklin County Board of County
Commissioners during a budget workshop to secure $156,190.00 in local ad valorem taxes for
the health department. Dr. Chapman made multiple references at this meeting concerning the
strategic importance of the Carrabelle Health Department. Dr. Chapman told my client that the
distance between Apalachicola and Carrabelle was significant, and that she therefore felt
strongly that the health department should be present in both cities. She infonned my client that
Carrabelle was vital strategically to get resources into the county after major disasters. Dr.
Chapman specifically requested that Carrabelle not be defunded by the county during the budget
process. Dr. Chapman told Franklin County that during FY 2012 both the clinic in Carrabelle
and the clinic in Apalachicola would have access to providers four days a week and that a
registered nurse would be onsite to perform assessments. Dr. Chapman went on to say that it
was her plan to balance and staff the two locations, making sure there is a medical person on
staff five days a week and a provider four days a week in both locations to serve the entire
community of Franklin County. Dr. Chapman also stated that she was pursuing a plan of
ongoing maintenance of the Carrabelle Clinic. Given the totality of Dr. Chapman's presentation,
Franklin County could only have concluded that the Carrabelle Clinic would remain open.
Franklin County subsequently approved $156,190.00 for the Carrabelle Clinic and earmarked all
those funds for that use in its final budget, which was approved mid-September 2011.
Then, on September 27,2011, within days after the final county budget approving
$156,190.00 for the Carrabelle Clinic, Dr. Chapman suddenly closed the Carrabelle Clinic. This
closure was made without any prior communication to Franklin County. .
So far as Franklin County knew, the Carrabelle Clinic would remain open. The funding
requested of Franklin County was provided. My client had no notice ofthe closure. In all prior
instances when the state considered closing the Carrabelle Clinic, the local director brought that
issue before the county commission during an open meeting to publicly discuss the matter prior
to any decision being made by the state. Dr. Chapman did not follow that protocol in this
instance. Franklin County was wrongly denied the opportunity to discuss this matter prior to a
decision being made by the state to close the Carrabelle Clinic. Given the importance of health
care, and because Franklin County has invested hundreds of thousands of local ad valorem taxes
to support the health department, we clearly have a vested interest, and should have been
involved in the decision whether to close the Carrabelle Clinic.
Given the established protocol of involving Franklin County in decisions affecting the
Carrabelle Clinic, my client is left to ponder why Dr. Chapman, at the end ofthe day on
September 27, 2011,along with her attorney, met privately with the Chairman and the Director of
Administrative Services to infonn them, after the fact, of the closure of the Carrabelle Clinic. It
is troubling not only because Dr. Chapman had already made her decision prior to meeting with
them, it is especially troubling in that she had implemented her decision prior to speaking to
them. Dr. Chapman did not even infonn them of the subject matter of the meeting that she
requested with them. The closure of the Carrabelle Clinic was not a transparent process. This
lack oftransparency has only complicated the situation and has eroded faith in the decision
making process which resulted in the closure of the Carrabelle Clinic.
Dr. Fanner, Franklin County is concerned and requests your assistance. Why did Dr.
Chapman simultaneously request that Franklin County provide funds to keep the Carrabelle
Clinic open, and then, suddenly, close it? Why was the closure made within a matter of days
aller Franklin County approved the funds requested by Dr. Chapman? Why was there no prior
notice to Franklin County that the Carrabelle Clinic was under consideration for closure? My
client desires to amiably, and immediately, resolve this matter and respectfully demands that you
fully reconsider Dr. Chapman's decision and that you will agree to re-open the Carrabelle Clinic.
Given the circumstances, my client also requests that you consider fully investigating the closure
of the Carrabelle Clinic.
Please do not hesitate to contact me if you have any questions. I remain
Sincerely Yours, .
LM.A
Thomas M. Shuler
Franklin County Attorney
x: file
clerk
Dr. Chapman
Legislative Delegation
Page 1 of 1
From: (850) 653-1751 Origin ID: TLHA
Ship Date: 110CT11
Thomas M.Shuler
ActWgt 1.0LB
LiIW Offiee ofThomas M. Shuler, PA
CAD: 42930531INET3210
40 4TH STREET
PO 80X 38
APALACHICOLA, FL 32320
Jt120 1108050225
DalivelY Address Bar Code
III 1111'"11111111111111111111111111111111111111111111111111111
Rer ## TMS docs (Franklin County)
Invoice #
PO#
Dept #
SHIP TO: (850) 6531151 Bill SENDER
Harry Frank Farmer, Jr., MD, Ph.D.
Florida's State Surgeon General
2585 MERCHANTS ROW BLVD
TALLAHASSEE, FL 32311
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FRANKLIN COUNTY
REPLY TO 0 REPLYTO a
BOARD OF COUNTY COMMISSIONERS PuNNING & BUIlDINC DEPT.
33 MARKET STREET, SUITE 203 34 FOMES STREET, SUITE 1
MAIAcHlcm...., FL 32320 APALACHICOlA, FL 32320
(850) 653-8861, EXT. 100 (850) 653-9783
FhX (850) 653-4795 FAX (850) 653-9799
September 2, 2010
To: Col Sean P_ Swi.odell
Emerald Wardor 11 RUT Exercise Director
loth Special Forces Group (Airbome)
Fort Carson, Colorado 80902
Via: Mr. Dan Runyon
E W ~ 1 1 RUT Coordinator
USSOCOMJ7
MaGDill AFB, FL 3362]
Dear Colonel Swindell:
On the behalf of the County of Franklin, Florida., you and your men are hereby cordially
invited to conduct urban military training exercise within Franklin County from February
21 to March 11,2011.
I fully understand from the detailed briefing presented by MrTony Perez on 03 Aug 2010
that this training vllill involve ground and air mobility operations, including the use of
helicopter and fixed wing aircraft. 1further understand and appreciate that this training
has been coordinated through and approved by the Franklin County Sheriff Office and all
affected property owners .
. Franklin County is pleased to support United States Special Operation Forces as they
. develop the techniques and tactics necessary to defend United States interests around the
globe. Please do not hesitate to contact me if I can be of further assistance.
Sincerely;
~ &
Alan C. Pierce, Director
Administrative Services
Cc: county Commission
PINKr JACKEL CHERYL SANDER NOAH LOCKLEY, Jr. JOSEPH PARRISH BEVIN PUTNAL
District One District Two District Three District Four District Five;:
Vice Chairman Chairman
bp
Thomas Zimmer
o
Deputy InCident Commander
BP
1250 Poydras Street
17''' Floor, Room 1718
New Orle<lns. LA 70113
October 20, 2011
Mr. Joseph W. Downs, III
Mr. lorne E. Berkeley
Daniels, Kashtan, Downs, Robertson & McGlrney
3300 Ponce De leon Blvd.
Coral Gables, FL 33134
Re: Franklin County EMT Claim No. 01-1702.44-05-6, Request for Payment of Skimmer
Stand-By Fees
Dear Mr. Downs and Mr. Berkeley:
BP received your September 28, 2011, correspondence directed to Mr. Steve Kemp of BP's
Government Claims and Funding Requests Team, whiCh was forwarded to me. Your letter was
sent on behalf of your client, Calvin, Giordano and Associates, Inc. (lfeGA") and relates to a claim
filed by Franklin County Emergency Management for stand-bY and mobilization fees for a
private skimmer that allegedly was stationed in Franklin County for a 3D-day period in June and
July, 2010.
It is not BP's practice to discuss the details of a government entity's claim with a third party. and
we will not discuss Franklin County's claim directly with CGA. However, we can respond to the
extent CGA is asserting a right to proceed directly against BP. BP has no relationship with eGA
related to this skimmer contract. CGA's relationship is solely with Franklin County and CGA's
sub-contractor, Unified Recovery Group, Inc. BP is not a party to either of these contracts. and
CGA has no contractual remedy directly against BP.
CGA also states that "BP is responsible to pay this Invoice as it is directly related towards the
cleanup of the Deepwater Horizon incident ...." This assertion is incorrect. Franklin County is the
contracting party with eGA and CGA's remedy is in its contract with Franklin County. In any
event, BP has not been provided with any documentation Indicating that CGA or any of its
contracting parties either sought or obtained pre-approval from BP or Unified Command to
engage in the stand-by skimmer activity that is the subject of your correspondence.
The Oil Pollution Act of 1990 ("OPA") requires a responsible party to reimburse only those
reasonable removal costs that are "consistent with the National Contingency Plan." 33 U.S.C.
2702(b)(1)(B). Coast Guard regulations implementing OPA clearly require a claimant under this
section to demonstrate "[t]hat the actions taken were determined by the FOSC to be consistent
with the National Contingency Plan or were directed by the FOSC." 33 C.F.R. 136.203(c). In
this case, we have been provided with nothing that indicates that the stand-by skimmer was
coordinated with or approved by the FOSC. In fact, the stand-by skimmer was unnecessary and
redundant of the approved response activities of BP, Unified Command. and the State of Florida.
Florida leased five skimmers for the area, which were properly coordinated with Unified
Command and ultimately paid for by BP. One of these skimmers was already located in Franklin
County.
If any attempt was made to coordinate these activities with Unified Command, we have not
been provided with any documentation. In fact, had the parties to the skimmer contract
coordinated with Unified Command, they would have learned that the skimmer was redundant
and unnecessary. As such, BP is not responsible for the reimbursement of these costs.
We hope this letter explains our position adequately.
Sincerely,
. ~
Tom Zimmer
Incident Commander, GCIMT
cc Joseph Parish, Chair, Franklin County Board
Ms. Pam Brownell, Franklin County Emergency Management