MINUTES BOARD OF SUPERVISORS, HARRISON COUNTY ...

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MINUTES BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI MINUTE BOOK OCTOBER 2009 October 12,2009, Item # 0 STATE OF MISSISSIPPI COill'1TY OF HARRISON BE IT REMEMBERED, that a regular meeting of the Board of Supervisors of Harrison County, Mississippi was begun and held in the meeting room of the Board of Supervisors of Harrison County, located in the Second Judicial District Courthouse at Biloxi, Mississippi, on the SECOND MONDAY OF OCTOBER 2009, being October 12, 2009, the same being the time fixed by law and the place tixed by the Order ofthe Board of Supervisors of Harrison County at a former meeting thereof for holding said meeting of said Board. THERE WERE PRESENT and in attendance on said Board, Marlin R. Ladner, President of said Board, presiding; W. S. Swetman III, Kim B. Savant, and William W. Martin, members of said Board of Supervisors; Tal Flurry, Tax Assessor for Harrison County, Mississippi; Melvin Brisolara, Sheriff of Harrison County, Mississippi; and John McAdams, Chancery Clerk and Ex- Officio Clerk of said Board. Supervisor Connie Rockco was absent and excused. WHEREUPON, after the proclamation of the Sheriff, the following proceedings were had and done, viz:

Transcript of MINUTES BOARD OF SUPERVISORS, HARRISON COUNTY ...

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 0

STATE OF MISSISSIPPI

COill'1TY OF HARRISON

BE IT REMEMBERED, that a regular meeting of the Board of Supervisors of Harrison

County, Mississippi was begun and held in the meeting room of the Board of Supervisors of

Harrison County, located in the Second Judicial District Courthouse at Biloxi, Mississippi, on the

SECOND MONDAY OF OCTOBER 2009, being October 12, 2009, the same being the time

fixed by law and the place tixed by the Order ofthe Board of Supervisors of Harrison County at a

former meeting thereof for holding said meeting of said Board.

THERE WERE PRESENT and in attendance on said Board, Marlin R. Ladner, President

of said Board, presiding; W. S. Swetman III, Kim B. Savant, and William W. Martin, members

of said Board of Supervisors; Tal Flurry, Tax Assessor for Harrison County, Mississippi; Melvin

Brisolara, Sheriff of Harrison County, Mississippi; and John McAdams, Chancery Clerk and Ex-

Officio Clerk of said Board. Supervisor Connie Rockco was absent and excused.

WHEREUPON, after the proclamation of the Sheriff, the following proceedings were had

and done, viz:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 1

Supervisor W. S. SWETMAN III moved adoption of the following:

ORDER APPROVING AMENDMENT TO THE MEDICALANALYSIS' CONTRACT EFFECTIVE OCTOBER 12, 2009AND AUTHORIZING THE BOARD PRESIDENT TOEXECUTE SAME

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE amendment to the Medical Analysis'

contract effective October 12,2009 and HEREBY AUTHORIZES the Board President to

execute same, which contract follows this Order as Exhibit A.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

Harrison County Board of SupervisorsAmendment to Med Analysis Contract

October 12,2009

Effective 10/1/09, the Med Analysis Contract is hereby amended for Med Analysis todirect bill Harrison County Board of Supervisors for all lab charges, in excess of the $15per patient per month, at the Med Analysis fee schedule for employees and dependentsinsured under the Harrison County Board of Supervisors Employee Healthcare Plan.

Executed this 12th day of October, 2009.

Harrison County Board of Supervisors

Marlin Ladner-President

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 2

Warden Don Cabanna appeared before the Board to report that the sewerage pipe under

the kitchen Hoor at the Adult Detention Center needs to be replaced. Harris Plumbing has been

called in to estimate the scope of the project. While trying to find the sewer pipe a power

line was cut off impairing function of part oflighting at the jail and of the laundry room. Cold

meals for breakfast and lunch are being prepared in trailers on the premises and the warm

evening meals at the work center. Overtime will be required to survey the food preparation

and distribution. The Warden requested the purchase/and or lease of a food truck for the duration

of the repairs estimated to take from four to six weeks. The Warden will request DOl to

postpone their visit at the end of this month. Padded cells and radio system will be installed this

week.

After full discussion, Supervisor W. S. SWETMAN HI moved adoption of the

following:

ORDER DECLARING AN EMERGENCY AT THE ADULTDETENTION CENTER, ALLOWING FOR REPAIRS OFSEWER LINES IN THE KITCHEN AREA AND PURCHASEOF A FOOD TRUCK, PAYABLE FROM FORFEITUREFUND

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY DECLARE an emergency at the Adult Detention

center, allowing for repairs of sewer lines in the kitchen area and purchase of a food truck,

payable from forfeiture fund.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, NIISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN HI voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 3

Mr. Jeff O'Keefe and Frank E. Bertucci representing the Gulf Coast Carnival Association

appeared before the Board to request funding in the amount of $5,000.00 instead of the usual

$10,000.00 to advertise county resources during the Mardi Gras season.

After full discussion Supervisor W. S. SWETMAN III moved adoption of the following:

ORDER APPROVING A $5,000.00 APPROPRIATION TOTHE GULF COAST CARNIVAL ASSOCIATION TOADVERTISE COUNTY RESOURCES, PAYABLE FROM002-100-522

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE a $5,000.00 appropriation to the Gulf

Coast Carnival Association to advertise county resources, payable from 002-100-522.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 4

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER ADJUDICATING OVERTIME IN THE ROADDEPARTMENT, AS PER LIST ON FILE WITH THECLERK OF THE BOARD

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COU1\lTY,

MISSISSIPPI, that the Board does HEREBY ADJUDICATE overtime in the Road Department,

as per list on file which follows this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

ARRISQN COUNTY.ROAD DEPARTMENT

TO: BOBBY WEAVER, ROAD MGR.FROM: PETE HARPER, ASST. RD MGR.DAlE: September 28,2009RE: OVERTIME

Fezel1 Magee 3hrs- Saturday, September :26,2009.

Open and close ball field at Amos Crouth for the Humane Society.

YemeJl (Pere) HarperA~islaJ:llRoad Mana.g\';t

ROAD DEPARTMENT10076 LORRAINE RD. • GULFPORT, MISSISSIPPI 39503

(228) 896-0208/ FAX (228) 896-0206/ CELL (228) 861-9433

[email protected]

TO: Bobby Weaver, Rd. Mgr

FROM: Pete Harper, Asst. Rd Mgr.

DATE: September 14, 2009

RE: Overtime

Fezell Magee - 6 hrs. September] 1.,2009

Worked at the Youth Court in Gulfport.

VerlJClI (pde) H.-perAssistant R.oad Manage{

October 12, 2009, Item # 5

• ORDER AUTHORIZING AND APPROVING THEFREQUENCY RECONFIGURATION AGREEMENT

BETWEEN HARRISON COUNTY AND NEXTEL SOUTH CORP.

WHEREAS, the Harrison County Emergency Communications Commission was created. .

by the Board of Supervisors under authority of §19-5-305, Mississippi Code Annotated, as

amended, and its membership represents all city and county public safety agencies in the County, .

and the Harrison County Emergency Communications Commission is governed and empowered

according to §§ 19-5-301, et seq., Mississippi Code Annotated, as amended; and

WHEREAS, Harrison County, Mississippi is a government unit, body politic, and

subdivision of the State of Mississippi governed by its Board of Supervisors and vested with

certain statutory powers and general powers, including without limitation those powers vested

• under Sections 19-3-40, et seq, Mississippi Code of 1972 Annotated, as amended; and

WHEREAS, the Commissioners of the Harrison County Emergency Communications

Commission have found that the county-wide integrated communications system includes

various types of equipment which must be periodically monitored, maintained, upgraded, and/or

replaced; and

WHEREAS, the Harrison County Emergency COlllIl1unications Commission, with the

authorization of the Harrison County Board of Supervisors, has entered into negotiations with

Nextel South Corp., a wholly owned indirect subsidiary of Sprint Nextel Corp. ("Nextel") for the

reconfiguration of the County's 800 MHZ band to minimize harmful interference to public safety

radio communications systems in the band in order to comply with the Federal Communications

Commission's ("FCC It) Orders of August 6, 2004 and December 22,2004; and

WHEREAS, The Commissioners of the Haqison County Emergency Communications

Commission have found that all the communications systems, equipment, contracts, assignments,

leases, warranties, licenses, and other assets, which are the subject of the proposed Frequency

Reconfiguration Agreement between Harrison County and Nextel are reasonable and necessary

for carrying out the purposes and intent of §§ 19-5-301 through 19-5-319 of the Mississippi Code

of 1972 Annotated, as amended; and

WHEREAS, the Commissioners of the Harrison County Emergency Communications

Commission have found that the proposed Frequency Reconfiguration Agreement between

Harrison County and Nextel, attached hereto and incorporated herein as Exhibit " A", is

reasonable and necessary for the purpose of reconfiguration of the County's 800 MHZ band to

minimize harmful interference to public safety radio communications systems in the band in order

to comply with the FCC Orders of August 6, 2004 and December 22, 2004; and

WHEREAS, the Commissioners of the Harrison County Emergency Communication

Commission have found that the proposed Frequency Reconfiguration Agreement is necessary

for carrying out the purposes of the E-911 Act (§19-5-301, et seq. of the Mississippi Code of

1972 Annotated, as amended), within Harrison County; and

WHEREAS, the Commissioners of the Harrison County Emergency Communication

Commission have found that under the terms of the proposed Frequency Reconfiguration

Agreement, Nextel will pay Harrison County the minimum reconfiguration cost necessary to

reconfigure Harrison County's affected frequency allocations; and

WHEREAS, the Commissioners of the Harrison County Emergency Communication

Commission have found that by Resolution dated September 17, 2009, that said Agreement for

the scope of services for this phase of the Reconfiguration project is in the best interest of the

safety and welfare of the citizens ofHarrison County, and in the best interest oflaw enforcement,

fire, emergency, and civil defense personnel, said Resolution being incorporated in and made a-

part of this Order, as Exhibit "B".

NOW THEREFORE, BE IT ORDERED by the Harrison County Supervisors as

follows:

SECTION 1

The Frequency Reconfiguration Agreement between Harrison County and Nextel, a copy

of which is attached hereto and incorporated herein as Exhibit "A", is authorized and approved.

SECTION 2

The President of the Harrison County Board of Supervisors is authorized to sign any

documents which may be necessary to approve and enter into the aforestated Agreement.

The above and foregoing Order Authorizing and Approving the Frequency

Reconfiguration Agreement between Harrison County and Nextel South Corp. was introduced by

Supervisor KIM B. SAVANT·., who moved the adoption of same. Said Motion was seconded by

Supervisor WILLIAM-MARTIN. After discussion, the matter was put to a roll call vote. The result. .

was as follows:

Supervisor CONNIE ROCKCO voted

Supervisor W.S. "WINDY" SWETMAN voted

Supervisor KIM SAVANT voted

Supervisor MARLIN LADNER voted

Supervisor WILLIAM MARTIN voted

(ABSENT & EXCUSED)

AYE

AYE

AYE

AYE

4

The motion having received the affirmative vote of a majority of the members present,

the President of the Governing Body declared the motion carried and the Order adopted, on this

the 12thday of October, 2009.

ORDERED on this the 12th day of October, 2009.

•CONFIDENTIAL

FREQUENCY RECONFIGURATION AGREEMENT

THIS FREQUENCY RECONFIGURATION AGREEMENT (this "Agreement") is madeas of this _ day of ,2009 ("Effective Date"), by and between the County of Harrison, amunicipal subdivision of the state of Mississippi ("Incumbent" ancI/or "Licensee"}, and Nextel SouthCorp. ("Nextel"), a wholly owned indirect subsidiary of Sprint Nextel Corp., a Kansas corporation (eachis referred to in this Agreement as a ''Party'' and collectively as the "Parties").

RECITALS

A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a Report and.Order that modified its rules governing the 800 l\!IlIz band. The purpose of the 9rder was to

. reconfigure the 800 MHz band to minim~ze harmful interference to public safety radiocommunications systems in the band ("Reconfiguration").

B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration.The August 6, 2004 and December 22, 2004 FCC orders, and any supplemental FCC Ordersin the Reconfiguration proceeding or subsequent actions after the date of this Agreement, arecollectively referred to as the "Order."

"

C. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject toReconfiguration.

•D. Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of

Incumbent's affected frequency allocations ("Reconfiguration Cost;'). Incumbent will certifyto the Transition Administrator appointed pursuant to the Order (the "TransitionAdministrator") that the Reconfiguration Cost is the minimum amount necessary toreconfigure Incumbent's affected frequency allocations in a reasonable, prudent, and timelymanner, in order to make such rebanded facilities comparable to those presently in use.

, FOR' GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBYACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Frequencies to be Reconfigured: Incumbent is the licensee under the licensees) granted bythe FCC identified in Schedule A (the "Incumbent Licenses") for the operation of certain 800 MHzfrequencies at the locations identified on Schedule A (the "Incumbent Frequencies"). Nextel, including itssubsidiaries or affiliates, is the licensee under licensees) granted by the FCC (the ''Nextel Licenses") for theoperation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations. identifiedin Schedule B (the "Replacement Frequencies"). Pursuant to the Order, Incumbent must relinquish theIncumbent Frequencies, Nextel must relinquish the Replacement Frequencies, and the Incumbent mustrelocate its system to the Replacement Frequencies.

2. Frequency Reconfiguration Process:

(a) On or before the Closing Date (as defmed below) (i) Nextel or Incumbent will cause themodification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause thecreation ofa new FCC license for Incumbent that includes the Replacement Frequencies; (li) Incumbent willcause the assignment of the Incumbent Frequencies to Nextel or will cause the deletion of the IncumbentFrequencies from the Incumbent Licenses following Reconfiguration of Incumbent's system; and(iii) Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of

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CONFIDENTIAL

800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meetthe technical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C.F.R. § 90.621 (b),as such rule may be amended from time to time by the FCC.

(b) .The Parties agree that Nexte1 and the Incumbent (as appropriate) will make the FCCassignment filings for the Replacement Frequencies on a future date to be determined by the Partiesthrough mutual agreement, as provided in Section 5. The Parties agree to notify Nexte1 and the Incumbent(as appropriate) of the FCC assignment filings in accordance with the Notice provision of this Agreement.

. .

3. 'Reconfiguration Costs:

(a) Acknowledgement of Obligations. Incumbent agrees that:

(i) 'the cost estimate set forth in Schedule C (the 'ICost Estimate") sets forth all of the workrequired to reconfigure Incumbent's existing facilities to comparable facilities that will operate on theReplacement Frequencies; and .

(ii) after all of the work contemplated by the Cost Estimate (including performancetesting) has been performed in accordance with this Agreement and Nextel has paid all amounts requiredby this Agreement, the Incumbent's reconfigured system shall be deemed for all purposes of the Order tobe "comparable" to Incumbent's existing system prior to Reconfiguration, and Nextel shall be deemed tohave satisfied its obligations under the Order to pay the cost of relocating Incumbent's system from theIncumbent Frequencies to the Replacement Frequencies.

(b) Payment Tenns. In order to facilitate the' Incumbent's transition to the ReplacementFrequencies, Nextel will pay the costs incurred to reconfigure Incumbent's system in an amount not toexceed the Cost Estimate, except as modified pursuant to Section 3(b)(iii) and Section 8, of thisAgreement, Nextel will pay the amount of the Cost Estimate in accordance with the payment termsidentified on Schedule C and as set forth below for both payments made directly to Incumbent andpayments made on behalf of Incumbent directly to each third party service vendor identified on the CostEstimate ("Vendor").

(i) Within sixty (60) days of completion of the Incumbent's reconfiguration and prior tothe Reconciliation Date (defined below), Incumbent will submit to Nextel financial documentation(including, by way of example, but not limited to: invoices (including travel, equipment, warehouse, andother costs associated with the reconfiguration), bills of lading, receipts, and timesheets with theemployee title, hours, activity performed and hourly rate stated (Vendor and/or Incumbent internal labor(as applicable) or equivalent substantive documentation) demonstrating the actual costs that Incumbentreasonably incurred or paid to other entities to reconfigure Incumbent's system ("Actual Costs"). Uponreceipt by Nextel of documentation of the Actual C9sts, Nextel and Incumbent will reconcile the ActualCosts against the payments made by Nextel to Incumbent and Vendor(s) (the "Reconciliation"). TheReconciliation Statement will identify what the Parties agree upon as the amount of any additionalpayments (subject to Section 8) due to Incumbent and Vendor(s) or any refunds due to Nextel. The dateof receipt by Nextel of the Reconciliation Statement signed by Incumbent and Incumbent's counsel is the"Reconciliation Date." Should the Parties be unable to agree upon the amount of the additional payments,the Parties shall follow the dispute resolution procedures detailed in the FCC Order.

(ii) Any additional payments due to Incumbent from Nextel will be disbursed toIncumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do notresult from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii)

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• of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty(30) days ofthe Reconciliation Date.

(iii) In the event Incumbent's Actual Costs exceed the Cost Estimate, Incumbent mustsubmit a Change Notice pursuant to Section 8 of this Agreement describing the change in scope of workthat resulted in Incumbent's.Actual Costs exceeding the Cost Estimate. Approval of any Change Noticewill not be automatic but will be processed in accordance with Section 8 of this Agreement. Additionalpayments due to Incumbent, which result from an excess of Actual Costs over the Cost Estimate, asagreed on "the Reconciliation Date, will be disbursed to Incumbent within thirty (30) days ofexecution bythe Parties of the Amendment documenting the approved changes from such Change Notice. "

(iv) Prior to the Closing Date, Nextel will pay on behalf of itself and Incumbent,. bothParties' applicable sales and transfer taxes, if any, and all FCC fees in connection with the preparationand filing of the necessary FCC applications for the assignment(s) -described in Section 2 of thisAgreement.

4. Reconfiguration Equipment. If needed in order to facilitate the Incumbent's transition tothe Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as "LoanedReconfiguration Equipment" and/or will ptovide any equipment identified in Schedule D as"Replacement Equipment". The Loaned Reconfiguration Equipment and Nextel Replacement Equipmentmay be referred to collectively as the "Nextel Schedule D Equipment". Nextel will deliver any NextelSchedule D Equipment to Incumbent in accordance with Schedule D. Incumbent will fax to Nextel a billof lading associated with each shipment of Nextel Schedule D Equipment signed by an authorizedrepresentative of Incumbent acknowledging receipt of the Nextel Schedule D Equipment in good workingorder. Any Loaned Reconfiguration Equipment will be retumed to Nextel by Incumbent prior to theReconciliation Date.

5. Retuning Cooperation: The Parties acknowledge that the number of frequencies andlocations covered by this Agreement will require the Parties to cooperate closely in performing theirrespective reconfiguration activities. The Parties agree that: (i) as of the Effective Date, the Incumbentmay begin the reconfiguration of its subscriber units, in accordance with the appropriate sections ofSchedule C and Schedule D, (ii) Incumbent may commence such other activities associated with thereconfiguration of its system as further detailed on Schedule C as of the Effective Date; and (iii) theParties will agree on a schedule to make the FCC filings, clear the Replacement Frequencies anddecommission the Incumbent Frequencies (the "Schedule"). Depending on the timing of the adoption ofthis Schedule ("Scheduling Period"), it may require the submission of a Change Notice in accordance",ith Section 8 and/or an Amendment to this Agreement, but in any event the Parties agree to adopt theSchedule no later than: (a) ninety (90) days from the Effective Date of this Agreement, or (b) pursuant to.a Schedule agreed upon at a TA scheduled "Implementation Planning Session" that includes theIncumbent's system, provided the Implementation Planning Session has been scheduled by the TA priorto the expiration of 90 days from the Effective Date of this Agreement (provided, however, in the eventthe Implementation Planning Session is not scheduled within the expiration of 90 days from the EffectiveDate of this Agreement, this subsection (b) wiU be preserved and the Parties will negotiate anAmendment to this Agreement pursuant to Section 8 herein), or (c) such other date as the FCC mayrequire. Notwithstanding the aforementioned, in the event the completion date in the Schedule for thereconfiguration of Incumbent's system exten9s beyond the completion date for such tasks in Incumbent'sproposed implementation timetable (as submitted by Incumbent to the FCC in accordance with theOrder), the completion date(s) in the Schedule may be subject to FCC approval. If by the end of theScheduling Period, no agreement on the Schedule has been reached by the Parties, the Parties will jointlyseek resolution in accordance with the dispute resolution provisions of the Order, including dispute

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resolution procedures adopted by the Transition Administrator; as they may be amended from time totime. Nothing in this Section shall prohibit the Incumbent from beginning work immediately on,replacement of the subscriber units and/or subscriber software programming.

6. Representations and Warranties: Each Party represents and warrants to the other as follows:

(i) it is duly organized, validly existing and in good standing under the laws of the state of itsincorporation;

(ii) this Agreement has been duly authorized and approved by all required organizational action .of the Party;

(iii) neither the execution and delivery of this Agreement nor the consummation of thetransactions contemplated by this Agreement will conflict with, or result in any material violation ordefault under, any tenn of its articles of incorporation, by-laws or other organizational documents o~ anyagreement, mortgage, indenture, license, pennit, lease, encumbrance or other instrument, judgment,decree, order, law or regulation by which it is bound;

(iv) it is the lawful and exclusive FCC liCensee of its respective licensees) described in thisAgreement, such licenses are valid and in good standing with the FCC, and it has the authority to request theFCC to assign, modify or cancel such licenses;

(v) there is no pending or threatened action or claim that would have the possible effect ofenjoining or preventing the consummation of this Agreement or awarding a third party damages onaccount of this Agreement; and

(vi) to the best of its knowledge, all infonnation provided to the other Party concerning thetransactions contemplated by this Agreement is true and complete.

All representations and warranties made in this Agreement shall survive the Closing Date (definedbelow) for two (2) years.

7. Covenants: From the Effective Date until the Closing Date (defined below), each Party willpromptly notify the other Party upon becoming aware of any pending or threatened action by the FCC orany other governmental entity or third party to suspend, revoke, terminate or challenge any license describedin this Agreement or to investigate the construction, operation or loading of any system authorized. undersuch licenses. From the Effective Date until the Closing Date, Incumbent will not enter into any agreementresulting in, or otherwise cause, the encumbrance of any license for the Incumbent Frequencies, andNextel will not enter into any agreement resulting in; or otherwise cause, the encumbrance of any of theReplacement Frequencies.

8. Changes: The Parties acknowledge that as the Reconfiguration of Incumbent's facilitiesproceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to thescope of such work may arise. The Parties. agree that their review of any such needed changes must beperfonned expeditiously to keep the work on schedule and that they will provide sufficient staff tomanage changes. If either Party believes that a change to the work contemplated by the Cost Estimate isrequired (including changes by Vendors), such Party will promptly notify the other Party in Writing. Suchwritten notice (the "Change Notice") shall set forth (i) a description of the scope of the change to thework contemplated by the Cost Estimate believed to be necessary and (ii) an estimate of any increase ordecrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities tooperate on the Replacement Frequencies. A Party receiving a Change Notice shall immediately perfonnits own analysis of the need for and scope of the change and its impact on the Cost Estimate and schedule

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and negotiate the change in good faith with the other Party. After the Parties have agreed upon a changeto this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 25and submit to the Transition Administrator a copy of the proposed amendment together with a writtenrequest for its approval. Such request shall be accompanied by reasonable documentation supporting theneed for and scope of the change and any proposed increase or decrease in the Cost Estimate and in thetime required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies.Incumbent is responsible for all unauthorized changes necessary as it relates to work performed by aVendor on behalf of Incumbent. No change to the Cost Estimate, the work contemplated by the CostEstimate or'the time required to re90nfigure Incumbent's existing facilities to operate on the ReplacementFrequencies shall become effective until the Transition Administrator has approved the change in writingand both Parties have signed an ~endment incorporating such approved change into this Agreementpursuant to Section 25. In this regard, in the event that the Transition Administrator is unable to approvethe proposed amendment within ten (10) business days, then the deadline by which the Incumbent mustclear all users from the Incumbent Frequencies, pursuant to Section 5, will be automatically ~xtended bythe number of days beyond ten (I 0) business days in which the Transition Administrator does not takefinal action to approve the proposed amendment. Should the Transition Administrator not approve theproposed amendment, either Party may appeal the decision consistent with the FCC Order, in which eventthe deadline in Section 5 will be extended by the number of days it takes for such appeal to be resolved.If the Parties are unable to agree on modification of this Agreement consistent with the Change Notice,either Party may request mediation consistent with the FCC Order. Once mediation has been requested,the deadline in Section 5 will be extended by the number ofdays it takes for all appeals to be resolved.

9. Closing: The closing ("Closing") of the transactions contemplated by this Agreement willtake place within thirty (30) days after (i) FCC approval of the assignment of the Incumbent Frequenciesto Nextel and/or deletion of the Incumbent Frequencies from· the Incumbent Licenses, (ii) FCC approvalof the modification to add the Replacement Frequencies to the Incumbent Licenses with no materialconditions or the creation of a new license for Incumbent with no material conditions that includes theReplacement Frequencies, (iii) notification by Incumbent to Nextel that the Incumbent Licenses havebeen cleared of all Incumbent users pursuant to Section 5 of this Agreement, (iv) delivery by Incumbentof all receipts, invoices and other documentation required to substantiate the Actual Cost and signing byIncumbent and Incumbent's counsel and delivery to Nextel of the Reconciliation Statement and otherdocuments required to complete the Reconciliation similar to those identified on Exhibit B, (v) FCCapproval of the modification and/or cancellation of the FCC licenses Nextelholds for the operation of 800MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet thetechnical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C,F.R. § 90.621(b), assuch rule may be amended from time to time by the FCC, (vi) the refund to Nextel or payment toIncumbent as described in Section 3(b)(ii), (if applicable) and (vii) the satisfaction of all other conditionsspecified in this Agreement (the "Closing Date").

10. Closing Conditions: Performance of each Party's Closing obligations is subject tosatisfaction of the following conditions (except to the extent expressly waived in writing by the otherParty):

(a) the continued truth and accuracy of the other Party's representations and warranties set forth inthis Agreement;

(b) all of the covenants of the other Party described in this Agreement are performed in all materialrespects; and

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CONFIDENTIAL

(c) execution and delivery by the other Party of Closing documents as well as any other Closinginstruments and documents either Party or its counsel may reasonably request. Incumbent will execute anddeliver to Nextel a closing certification required by the Transition Administrator.

(d) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalizeand execute these instruments and documents on .01' prior to the Closing Date in order to effect theReconfiguration contemplated.

11. Review Rights: Incumbent agrees to maintain records and other supporting evidence relatedto the costs that Incumbent has expended'in connection with the Reconfiguration contemplated by thisAgreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbentagrees to maintain such records and make·them reasonably available to the Transition Administrator forreview or reproduction until eighteen (18) months after the date of Incumbent's executed CompletionCertification required by this Agreement or for a longer period if Incumbent, for its own purpose"s, retainssuch- records for a longer period of time. As used in this provision, "records" includes" books, documents,accounting procedures and practices and other data regardless of type and regardless of whether suchitems are in written fonn, in the form of computer data or in any other fonn. Nextel shall be responsiblefor post~Closing audit expenses of the Incumbent, except those expenses resulting from fraudulentactivity on behalf ofthe Incumbent. To the extent that any post~Closing audit determines that Nextel paida third-party vendor more than provided for under the FCC Order, Nextel's sole. remedy is to seekreimbursement directly from the third~party vendor, unless such overpayment was the result of fraud ornegligence of the Incumbent.

12. Excluded Assets; No Assumption of Liabilities: Nothing in this Agreement should beconstrued as a transfer or assignment from either party to the other Party of any assets (including FCClicenses) except as expressly set forth in this Agreement. Other than as expressly provided in thisAgreement, neither Party is obligated to assign and transfer to the other Party any asset, tangible orintangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming,nor is either Party responsible for, any Habilities or obligations of the other Party arising out of or inconnection with the other Party's licenses (or related systems and facilities) that are the subject of thisAgreement.

13. Confidentiality: The terms of this Agreement and any proprietary, non-public infonnationmarked or otherwise identified as proprietary regarding the Incl,lmbent Frequencies, ReplacementFrequencies, Nextel's business and Incumbent's business must be kept confidential by the Parties andtheir employees, shareholders, agents, attorneys and acc9untants (collectively, "Agents"), whichconfidentiality will survive the Closing or termination of this Agreement for a period of two (2) years;provided the Parties agree that the Parties may make disclosures of such information: (i) as required bylaw to specifically include the Mississippi Public RecQrds Act; (ii) to the Transition Administrator; (iii) to.a manufacturer of Replacement Equipment to allow for the provisioning of that equipment to Incumbent(but only to the extent such disclosure specifically relates to that manufacturers equipment as identifiedon Schedule D); and (iv) to a Vendor (but only to the extent that such disclosure specifically relates tothat Vendor's work and costs under this Agreement (as identified on Schedule C) as required to performobligations under this Agreement. Nextel, Incumbent and their respective Agents may make disclosuresregarding the terms ofthis Agreement to other public safety licensees and their Agents in accordance withthe FCC Order, WT Docket No. 02-55, adopted January 8, 2007. Each Party will cause all of its Agentsto honor the provisions of this Section.

14. Cooperation: The Parties will cooperate with each other and the Transition Administratorwith respect to the Reconfiguration work contemplated by this Agreement. Without limiting theforegoing obligations, the Parties agree to cooperate in the preparation of any applications required to be

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filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that theTransition Administrator may comply with any audit obligations and so any Reconfiguration workcontemplated by this Agreement may be performed in accordance with the Cost Estimate andperformance schedule. If a Party is subject to a denial of FCC benefits for delinquent non-tax debts owedto the FCC that would prevent or delay the timely processing of any FCC applications, such Party shallcure such delinquency in an expeditious manner and at its sale expense.

15. Indemnification: To the extent authorized by Mississippi law, from and after the ClosingDate, each Party (the "Indemnifying Party") will indemnify and defend the other Party, its officers,directors, employees. and agents (collectively, the ('Indemnified Party"), from and against all third partydemands, claims, actions, losses, damages, liabilities, costs and expenses, including, without limitation,reasonable attorneys' fees and expenses (collectIvely, "Costs"), asserted against, imposed upon orincurred by the Indemnified Party arising from or related to: (i) any breach of any covenant, agreement,representation or warranty of the Indemnifying Party contained in, or made pursuant to, this Agreement;or (ii) any and all liabilities (including successor liabilities) or obligatioris relating to periods prior to theClosing Date resulting from the Indemnifying Party's operation of the system operated pursuant to theIncumbent Licenses or the Nextel Licenses, as applicable, or the ownership or use of those licenses orfrom the Indemnifying Party's employment, or tennination of employment, of its employees. Theobligations under this Section survive the Closing Date for a period of three (3) years.

16. Disputes: The Parties agree that any dispute related to the Replacement Frequencies,Nextel's obligation to pay any cost of the Reconfiguration of Incumbent's system contemplated by thisAgreement, or the comparability of Incumbent's reconfigured system to Incumbent's existing systemprior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance withthe dispute resolution provisions of the Order, including the dispute resolution procedures adopted by theTransition Administrator, as they may be amended from time to time.

17. No Gratuities: No gift, gratuity, credit, thing of value or compensation of any kind shall beoffered or provided by Incumbent or Nextel, directly or indirectly, to any officer, employee or official ofeither Party, the TA or any person employed by or acting on behalf of the FCC for the purpose ofimproperly obtaining or rewarding favorable treatment under this Agreement.

18. Liens: If any liens or security interests attach to any of Incumbent's facilities in favor of anyvendor or service provider that is performing any Reconfiguration work contemplated by this Agreementas a result ofNextel's breach of any obligation to make direct payment (not in dispute) to such vendor orservices provider, Nextel upon receipt of Notice from Incumbent will cooperate to remove any Liens,which may include making any necessary and proper payment(s), ifrequired.

19. Vendor Performance Issues: Incumbent will select and contract directly with any veJ.ldor orservice provider performing work required to reconfigure the Incumbent's existing facilities to operate onthe Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, orassume the risk of any failure of that Vendor to perform its obligations under any contract entered intobetween Incumbent and" such Vendor in connection with the Reconfiguration contemplated by this·Agreement. Notwithstanding the foregoing, in the event of an Incumbent system failure that occurs as aresult of work performed by Harris under this Agreement to effect the Reconfiguration, if such failure isdeemed 110t to. provide comparable facilities (as determined by the Parties), Nextel ~ill reimburseIncumbent (in an amount as determined by the Parties) to provide comparable facilities, only if Harris,under its agreement with Incumbent, fails to promptly correct or remedy such system failure. AnyIncumbent system failure claim related to this Section 19 must be delivered by Incumbent to Nextel priorto the Reconciliation Date or Nextel's obligation to reimburse Incumbent for all claims related to thisSection and not delivered shall expire

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20. Replaced and Replacement Equipment:

(a) If the reconfiguration of the Incumbent's existing facilities to operate on the ReplacementFrequencies involves the replacement of any of Incumbent's existing equipment ("Replaced Equipment")with equipment provided by Nextel (as identified on Schedule D) Or equipment the cost of which is beingpaid by Nextel pursuant to this Agreement as listed in Schedule C (collectively the "ReplacementEquipment"), then (i) title to Replaced Equipment listed in Schedule D shall pass free and clear of liensand any other encumbrances to Nextel at such tim\') that Incumbent delivers the Replaced Equipment infunctional condition to Nextel's designated shipping agent, and Incumbent shall execute suchdocumentation as Nextel may reasonably request to tran'sfer title to Nextel, (ii) title to ReplacementEquipment provided by Nextel will pass to Incumbent at Closing and Nextel shall execute suchdocumentation as Incumbent may reasonably request to transfer title to Incumbent free and clear of liens,and (iii) Incumbent shall deliver: the Replaced Equipment in functional condition to Nextel at Nextel'scost, pursuant to Nextel's shipment instructions, and prior to the Reconciliation Date.

(b) If Incumbent fails to return any item of the Replaced Equipment in functional conditionto Nextel, Incumbent must return to Nextel those items of the Replacement Equipment that would havereplaced the Replaced Equipment not returned, prior to the Reconciliation Date (risk of loss during anyshipping shall be borne by Nextel). If Incumbent fails to return any item of the Replaced Equipment toNextel under this Section 20(b) and a Product Typical Value is set forth in Schedule E forthe item ofReplacement Equipment then either: (i) Nextel will deduct the Product Typical Value (as set forth inSchedule E) for those items of Replacement Equipment provided to replace the Replaced Equipment notreturned to Nextel (including tax (if any) and shipping) (the "Nextel Equipment Refund") from the finalpayment due to Incumbent after the Reconciliation; (ii) Incumbent must pay Nextel the Nextel EquipmentRefund for those items of Replacement Equipment not returned to Nextel in accordance with Section3(b)(ii) (if no final payment is due to Incumbent); or (iii) Nextel will deduct the portion of the NextelEquipment Refund up to the value of the final payment due to Incumbent and Incumbent must pay Nextelthe remaining Nextel Equipment Refund not covered by the final payment in accordance with Section3(b)(ii) (if the final payment due Incumbent is less than the Nextel Equipment Refund); or (iv) Incumbentmay choose to purchase Comparable Equipment, defined below, from any source and send the equipment,along with adequate documentation, to Nextel prior to the Reconciliation Date. Comparable Equipmentshall mean equipment of the same condition (e.g. new for new or used for used) arid from tile samemanufacturer, that is the identical model and includes the same options and accessories as theReplacement Equipment provided by Nextel.

21. Termination: This Agreement may be terminated and the transactions contemplated by thisAgreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by eitherParty upon material breach of the other Party, following a thirty (30) day period for c~re by the breachingParty following written notice of the 'breach~ (iii) by Incumbent, in the event that a ,proposed amendmentis not approved, pursuant to Section 8; or (iv) by Nextel prior to Closing in the event of any AdverseDecision affecting the Order by any governmental entity of competent jurisdiction. For purposes of thisAgreement, an "Adverse Decision affecting the Order" means an order, decree, opinion, report or anyother fonn 'of decision by a governmental entity of competent jurisdiction that results, in whole or part, ina stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines,in its sale discretion, to be adverse to its interests. In the event of termination, the Parties shall take allnecessary action (including preparing and filing FCC documents) to return the status· quo ante on the date ofthis Agreement. In the event oftermination, Nextel shall pay all costs associated with the return to the statusquo ante, as well as all Incumbent costs expended in the Agreement negotiations and implementation, exceptif such termination was due to an uncured material breach by Incumbent. Should Incumbent terminate thisAgreement pursuant to subsection (iii), Incumbent shall not be released of its obligations under the Order.

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22. Attorney's Fees: Except for the mediation requirements pursuant Section 16 herein, in anylegal proceeding by a Party to enforce its rights under this Agreement against the other Party, the Partyprevailing in such proceeding will be entitled to recover its reasonable attorney's fees and costs from theother Party.

23. Notices: All notices and other communications under this Agreement must be in writing andwill be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business dayif sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) busin~ss days if sentby certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties atthe following addresses: -

ffto Incumbent, to: If to Nextel, to:

Harrison County Nextel South Corp.15309-B Community Road c/o Nextel Communications, Inc.Gulfport, MS 39503 2001 Edmund Halley DriveAttn: Robert G. Bailey Reston, VA 20191Phone: (228) 831-0760 Attn: Heather P. Brown, Esq.Fax: (228) 831-0762 Phone: (703) [email protected] Fax: (703) 433-4483With a copy that shall not constitute With a copy that shall notNotice: constitute Notice:

Alan S. Tilles, Esquire Nextel Communications, Inc.Shulman Rogers Gandal Pardy & Ecker, P.A. 6575 The Corners Parkway12505 Park Potomac Avenue, Sixth Floor Norcross, GA 30092Potomac, Maryland 20854 Attn: William Jenkins, VP Spectrum ResourcesPhone: (301) 231-0930 Phone: (770) 326-7484Fax: (301) 230-2891 Fax: (678) 405-8252atilles(a)shulmanrogers.com

24. Assignment: This Agreement is binding upon and inures to the benefit of the Parties andtheir respective successors and permitted assigns. Either Party may assign this Agreement to any direct orindirect subsidiary or affiliate of the Parly, upon delivery of written notice to the other Party.

25. Amendments: This Agreement, including without limitation the -scope of workcontemplated .hereby and the Cost Estimate thereof to be paid by Nextel, may be amended <;>r modifiedonly by a written instrument signed by authorized representatives of both Parties, provided, however, noan'lendment or modification to this Agreement shall become effective until approved by the TransitionAdministrator, or the FCC after an adverse decision by the Transition Administrator.

26, Benefits: This Agreement is for the benefit of the Parties and their successors and permittedassigns, and nothing in this Agreement gives or should be construed to give any le"gal or equitable rightsunder this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and(ii) the Transition Administrator as specifically provided in this Agreement.

27. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid,void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s)will be deemed severable from the remainder of this Agreement, will in no way affect, impair orinvalidate any other provision contained in the Agreement and the Parties will use their commercially

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reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable lawso as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreementshould be deemed to constitute a waiver of compliance with any representation, warranty, covenant oragreement contained in this Agreement and will not operate or be construed as a waiver of any subsequentbreach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules andExhibits A and B, constitutes the entire understanding and agreement between the Parties concerning thesubject matter of this Agreement, and supersedes all prior oral or written agreements or understandings.This Agreement is governed by the laws of the State of Mississippi without regard to conflicts of lawprinciples thereof. This Agreement may be executed in one or more count~rparts, including by facsimile,which will be effective as original agreements of the Parties executing the counterpart.

[SIGNATURES ON NEXT PAGE]

Page IO 0£39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

•CONFIDENTIAL

In consideration of the mutual consideration set forth herein, this Agreement is effective as alegally binding agreement between the Parties upon execution by the Parties.

INCUMBE1\fT:County of Harrison, MS

By:"~---------

Name: Marlin Ladner

Title: President, Board of Supervisors

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

NEXTEL:Nextel South Corp.

By: _

Name:

Title:

Page 11 of39

CONFIDENTIAL

SCHEDULE A

Incumbent Frequencies

Incumbent Name: County ofHarrison, MS

The Incumbent Frequencies listed on this Schedule A, represent the transmit (base station) frequencies onthe Incumbent Licenses. Although not specifically listed, all related mobile frequencies and/or stationcllisses listed on the Incumbent Licenses are herein incorporated by reference. .

Incumbent Assigns to Nextel:

CALLSIGN Frequencies Licensee La.cation # of Issue Date Lat LongFrequencies (N) (W)

WPUF811 866.0125 IfARRlSON, LYMAN,MS 1 02/25/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUF81 I 866.5125 HARRISON, LYMAN,MS 1 02/25/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUF811 867.0125 HARRISON, LYMAN,MS 1 02/25/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUF811 867.5125 HARRISON, LYMAN,MS 1 02/25/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUF811 868.0125 HARRISON, LYMAN,MS 1 02/2512002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 866.1500 HARRISON, LYMAN,MS 1 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 866.1500 HARRISON, LONG BEACH, MS 1 03126/2002 30-25- 89-11-COUNTY OF 48 25

WPUL244 866.1500 HARRISON, 1 03/2612002 30-30- 89~6-

COUNTY OF 3.7 14.1WPUL244 866.1500 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-

COUNTY OF 38.7 46WPUL244 866.4000 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6-

COUNTY OF 3.7 14.1WPUL244 866.4000 HARRISON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-

COUNTY OF 48 25WPUL244 866.4000 HARRISON, 1 03126/2002 30-30- 89-6-

COUNTY OF 3.7 14.1WPUL244 866.4000 HARRISON, GULFPORT, MS 1 03126/2002 30-22- 89-4-

COUNTY OF 38.7 46WPUL244 866.6750 HARRISON, GULFPORT, MS 1 03126/2002 30-22- 89-4-

COUNTY OF 38.7 46WPUL244 866.6750 HARRISON, LYMAN,MS 1 03/2612002 30-30- 89-6-

COUNTY OF 3.7 14.1WPUL244 866.6750 HARRISON, 1 03126/2002 30-30- 89-6-

COUNTY OF 3.7 14.1WPUL244 866.6750 HARRISON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-

COUNTY OF 48 25WPUL244 866.8125 HARRISON, LONG BEACH, MS 1 03126/2002 30-25· 89-11-

COUNTY OF 48 25WPUL244 866.8125 HARRISON, 1 03126/2002 30-30- 89-6-

COUNTY OF 3.7 14.1WPUL244 866.8125 HARRISON, GULFPORT, MS I 0312612002 30-22- 89-4-

COUNTY OF 38.7 46'WPUL244 866.8125 HARRISON, LYMAN,MS 1 03/2612002 30-30- 89-6-

COUNTY OF 3.7 14.1

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CONFIDENTIAL

CALLSIGN Frequencies Licensee Location #of Issue Date Lat LongFrequencies (N) (W)

WPUL244 866.9500 HARRISON, 1 0312612002 30-30- 89-6-COUNTY OF 3.7 . 14.1

WPUL244 866.9500 HARRISON, GULFPORT, MS 1 03/2612002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 866.9500 HARRISON, LYMAN,MS 1 03/2612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 866.9500 HARRISON, LONG BEACH, MS 1 0312612002 30-25- 89-11-COUNTY OF '48 25

WPUL244 867.1875 HARRISON, LONG BEACH, MS 1 03126/2002 30-25- 89-11-COUNTY OF 4& 25

VVPUL244 867.1875 HARRISON, 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 '14.1

VVPUL244 867.1875 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6-COlJNTYOF 3.7 . 14.1

WPUL244 867.1875 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 867.2000 HARRISON, LYMAN,MS 1 0312612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.2000 HARRISON, LONG BEACH, MS I 03126/2002 30-25- 89-11-COUNTY OF 48 25

WPUL244 867.2000 HARRISON, GULFPORT, MS 1 03/2612002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 867.2000 HARRISON, 1 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.2750 HARRISON, LONG BEACH, MS 1 03126/2002 30-25- 89-11-COUNTY OF 48 25

WPUL244 867.2750 HARRISON, LYMAN,MS I 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.2750 HARRISON, 1 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.2750 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46'

WPUL244 867.3375 HARRISON, LYMAN,MS 1 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.3375 HARRlSON, 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.3375 HARRlSON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-COUNTY OF 48' 25

WPUL244 867.3375 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 867.5625 HARRISON, LYMAN,MS 1 0312612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.5625 HARRISON, . LONG BEACH, MS 1 03/2612002 30-25- 89-11-COUNTY OF 48 25

WPUL244 867.5625 HARRISON, GULFPORT, MS I 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 867.5625 HARRISON, 1 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.7875 HARRISON, LYMAN,MS 1 03126/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.7875 HARRISON; 1 0312612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.7875 HARRISON, GULFPORT, MS 1 0312612002 30-22- 89-4-COUNTY OF 38.7 46'

WPUL244 867.7875 HARRISON, LONG BEACH, MS 1 03126/2002 30-25- 89-11-COUNTY OF 48 25

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CONFIDENTIAL

CALLSIGN Frequencies Licensee Location # of Issue Date Lat LongFrequencies (N) (W)

WPUL244 867.8250 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.8250 HARRISON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-COUNTY OF 48 25'

WPUL244 867.8250 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 867.8250 HARRISON, 1 03/2612002 30-30- 89-6-COUNTY OF 3.7 '14.1

WPUL244 867.8500 HARRISON, 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.8500 HARRISON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-COUNTY OF 48 25

WPUL244 867.8500 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 867.8500 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 868.1000 HARRISON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-COUNTY OF 48 25

WPUL244 868.1000 HARRISON, LYMAN,MS 1 ·03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.1000 HARRISON, 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.1000 HARRISON, GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 868.2625 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.2625 HARRISON, LONG BEACH, MS 1 03/2612002 30-25- 89-11-COUNTY OF 48 25

WPUL244 868.2625 HARRISON, GULFPORT, MS 1 03126/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 868.2625 HARRISON, I 0312612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.5125 HARRISON, GULFPORT, MS 1 03/2612002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 868.5125 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6-cOUNTYOP 3.7 14.1

WPUL244 868.5125 HARRISON, 1 03/2612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.5125 HARRISON, LONG BEACH, MS ) 03/26/2002 30-25- 89·11·COUNTY OF 48 25

WPUL244 868.6500 HARRISON, LONG BEACH, MS 1 03126/2002 30-25- 89·11-COUNTY OF 48 25

WPUL244 868.6500 HARRISON, LYMAN,MS 1 03/26/2002 30-30- 89-6·COUNTY OF 3.7 14.1

WPUL244 868.6500 HARRISON, 1 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.6500 HARRISON, . GULFPORT, MS 1 03/26/2002 30-22- 89-4-COUNTY OF 38.7 46

WPUL244 868.7625 HARRISON, ) 03/2612002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.7625 HARRISON, GULFPORT, MS 1 03126/2002 30-22- 89-4- .COUNTY OF 38.7 46

WPUL244 868.7625 HARRISON, LYMAN,MS I 03/26/2002 30-30- 89-6-COUNTY OF 3.7 14.1

WPUL244 868.7625 HARRISON, LONG BEACH, MS 1 03/26/2002 30-25- 89-11-COUNTY OF 48 25

Page14of39

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-•

CONFIDENTIAL

CALLSIGN Frequencies Licensee Location #of Issue Date Lat LongFrequencies (N) (W)

WPZI235 866.0625 HARRISON, BILOXI, MS 1 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 866.0625 HARRISON, BILOXI, MS 1 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 866.1250 HARRISON, BILOXI, MS 1 01114/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 866.1250 HARRISON, BILOXI, MS 1 0111412004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 866.2125 HARRISON, LONG BEACH, MS I 0111412004 30-25- 89-II-COUNTY OF 48 25

WPZI235 866.2125 HARRISON, LYMAN,MS I 0111412004 30-30- 89-6-COUNTY OF 3.7 14.1

WPZI235 8662125 HARRISON, GULFPORT, MS 1 01114/2004 30-22. 89-4-COUNTY OF 38.7 46

WPZI235 866.3250 HARRISON, BILOXI, MS I 01/14/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 866.3250 HARRISON, BILOXI, MS 1 01/14/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 866.4750 HARRISON, BILOXI, MS I 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 866.4750 HARRISON, BILOXI, MS I 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 866.7250 HARRISON, BILOXI, MS 1 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 866.7250 HARRISON, BILOXI, MS I 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 866.7750 HARRlSON, BILOXI, MS 1 01/14/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 866.7750 HARRISON, BILOXI, MS I 01/1412004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 866.8875 HARRISON, LONG BEACH, MS 1 0111412004 30-25- 89-II-COUNTY OF 48 25

WPZI235 866.8875 HARRISON, LYMAN,MS 1 01/1412004 30-30. 89-6-COUNTY OF 3.7 14.1

WPZI235 866.8875 HARRISON, GULFPORT, MS I 01114/2004 30-22- 89-4-COUNTY OF 38.7 46

WPZI235 867.0750 HARRISON, BILOXI, MS I 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 867.0750 HARRISON, BILOXI, MS I 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 867.1250 HARRISON, BILOXI, MS 1 01/1412004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 867.1250 HARRISON, BILOXI, MS I 01/14/2004 30-31- . 88-59-COUNTY OF 24.7 14.3

WPZI235 867.4000 HARRISON, BILOXI, MS 1 01/14/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 867.4000 HARRISON, BILOXI, MS I 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 867.4750 HARRISON, BILOXI, MS I 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 867.4750 HARRISON, BILOXI, MS 1 01114/2004 30-26-' 88-55-COUNTY OF 38.7 53

WPZI235 867.6750 HARRISON, GULFPORT, MS 1 0111412004 30-22- 89-4-COUNTY OF 38.7 46

WPZI235 867.6750 HARRISON, LYMAN,MS 1 0111412004 30-30- 89-6-COUNTY OF 3,7 14.1

Page 15 of39

FRA - Final VersionCounty ofHWTison, MSSeptember 25, 2009

CONFIDENTIAL

CALLSIGN Frequencies Licensee Location #of Issue Date Lat LongFrequencies (N) (W)

WPZI235 867.6750 HARRISON, LONG BEACH, MS 1 01114/2004 30-25- 89-11-COUNTY OF 48 25'

WPZI235 867.7250 HARRISON, BILOXI,MS I 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 867.7250 HARRlSON, BILOXI, MS 1 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 867.9000 HARRlSON, BILOXI, MS I 01/1412004 30-26- 88-55-COUNTY OF 38.7 53'

WPZI235 867.9000 HARRlSON, BILOXI, MS 1 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 867.9875 HARRISON, BILOXI, MS 1 01/14/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 867.9875 HARRISON, BILOXI, MS I 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 868.1500 HARRISON, BILOXI, MS J 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 868.1500 HARRISON, BILOXI, MS 1 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 868.3375 HARRISON, BILOXI, MS 1 01114/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 868.3375 HARRISON, BILOXI, MS I 01/14/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 868.3875 HARRISON, GULFPORT, MS I 01/14/2004 30-22- 89-4-COUNTY OF 38.7 46

WPZI235 868.3875 HARRISON, LONG BEACH, MS I 01/1412004 30-25- 89-11-COUNTY OF 48 25

WPZI235 868.3875 HARRISON, LYMAN,MS 1 01114/2004 30-30~ 89-6-COUNTY OF 3.7 14.1

WPZI235 868.4875 HARRISON, BILOXI, MS 1 0111412004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 868.4875 HA.RRISON, BILOXI, MS I 0111412004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 868.7125 HARRISON, BILOXI, MS I 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 868.7125 HARRISON, BILOXI, MS 1 01114/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 868.7375 HARRISON, BILOXI, MS 1 01114/2004 30-26- 88-55-COUNTY OF 38.7 53

WPZI235 868.7375 HARRISON, BILOXI, MS 1 01114/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZI235 868.8625 HARRISON, BILOXI, MS I 01114/2004 30-31- 88-59-COUNTY OF 24.7 14.3

WPZl235 868'.8625 HA.RRISON, BILOXI,MS 1 01/14/2004 • 30-26· 88-55-COUNTY OF 38.7 53

WPZI235 868.8875 HARRISON, BILOXI, MS 1 0111412004 30-26- 88-55-COUNTY OF 38.7 53'

WPZI235 868.8875 HARRlSON, BILOXI, MS 1 01114/2004 30-31- 88-59-COUNTY OF 24.7 14.3

Page 16 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

SCHEDITLEB

Replacement J;frequencies

Incumbent Name: County of Harrison, MS

The related mobile frequencies and/or station classes for the Replacement Frequencies listed in thisSchedule B, will be assigned from Nextel to Incumbent based on the Incumbent Licenses listed inSchedule A.

Nextel Assigns to Incumbent:

Replacement Lat (N) . Long ERP Gnd Ant. New Licensee LocationFreq~encies (W) (W) Elev Height

(ft) (ft)851.0125 30-30- 89-6- 143 98 250 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF851.0625 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF851.0625 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF851.1250 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF851.1250 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF851.1500 30-22- 89-4-46 347 26 302 HARRISON, GULFPORT, MS

38.7 COUNTY OF851.1500 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,

COUNTY OF MS851.1500 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF851.1500 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF851.2125 30-22- 89-4-46 692 26 292 HARRISON, GULFPORT, MS

38.7 COUNTY OF851.2125 30-25-48 89-11-25 724 38 500 HARRISON, LONG BEACH,

COUNTY OF MS851.2125 30-30- 89-6- 380 98 344 HARRlSON, LYMAN,MS

3.7 14.1 COUNTY OF851.3250 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF851.3250 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF851.4000 30-22- 89-4-46 347 26 302 HARRISON, GULFPORT, MS

38.7 COUNTY OF851.4000 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,

COUNTY OF MS851.4000 30-30- 89-6- 35 HARRlSON,

3.7 14.1 COUNTY OF851.4000 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF851.4750 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF851.4750 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF851.5125 30-30- 89-6- 143 98 250 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF

Page 17 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

Replacement Lat (N) Long ERP Gnd Ant. New Licensee LocationFrequencies (W) (W) Elev Height

(ft) (ft)

851.6750 30-22- 89-4-46 347 26 302 HARRISON, GULFPORT, MS38.7 COUNTY OF

851.6750 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,COUNTY OF MS

851.6750 30-30- 89-6- 35 HARRISON,3.7 14.1 COUNTY OF

851.6750 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

851.7250 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS38.7 COUNTY OF

851.7250 30-3 1- 88-59- 972 141 270' HARRlSON, BILOXI, MS24.7 14.3 COUNTY OF

851.7750 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS38.7 COUNTYOF.

851.7750 30-3 1- 88-59- 972 14J 270 HARRISON, BILOXI, MS24.7 14.3 COUNTY OF

851.8125 30-22- 89-4-46 276 26 302 HARRISON, GULFPORT, MS38.7 COUNTY OF

851.8125 30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,COUNTY OF MS

851.8125 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

851.8125 30-30- 89-6- . 35 HARRISON,3.7 14.1 COUNTY OF

851.8875 30-22- 89-4-46 692 26 292 HARRISON, GULFPORT, MS38.7 COUNTY OF

851.8875 30-25-48 89-11-25 724 38 500 HARRISON, LONG BEACH,COUNTY OF MS

851.8875 30-30- 89-6- 380 98 344 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

851.9500 30-22- 89-4-46 276 26 302 HARRISON, GULFPORT, MS38.7 COUNTY OF

851.9500 30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,COUNTY OF MS

851.9500 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

851.9500 30-30- 89-6- 35 HARRISON,3.7 14.1 COUNTY OF

852.0125 30-30- 89-6- 143 98 250 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

852.0756 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS38.7 COUNTY OF

852.0750 30-3 1- 88-59- 972 141 270 HARRISON, BILOXI, MS24.7 14.3 COUNTY OF

852.1250 30-26- 88-55-53 692 48 270 HARRISON, BILOXI,MS38.7 COUNTY OF

852.1250 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS24.7 14.3 COUNTY OF

852.1875 30-22- 89-4-46 276 26 302 HARRISON, GULFPORT, MS38.7 COUNTY OF

852.1875 -30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,COUNTY OF MS

852.1875 3D-3D. 89-6- 35 HARRISON,3.7 14.1 COUNTY OF

852.1875 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

Page 18 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

Replacement Lat (N) Long ERP Gnd Ant. New Licensee LocationFrequencies (W) (W) Elev Height

(ft) (ft)852.2000 30·22- 89-4-46 347 26 302 HARRlSON, GULFPORT, MS

38.7 COUNTY OF852.2000 30-25-48 89-11-25 575 38 480 HARRlSON, LONG BEACH,

COUNTY OF" MS852.2000 30-30- 89-6- 276 98 325 HARRlSON, LYMAN,MS

3.7 14.1 COUNTY OF852.2000 30-30- 89-6- 35 HARmSON,

3.7N 14.1 COUNTY OF852.2750 30·22· 89-4-46 276 26 302 HARmSON, . GULFPORT, MS

38.7 COUNTY OF852.2750 30-25-48 89-11-25' 276 38 480 HARRISON, LONG BEACH,

COUNTY OF MS852.2750 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF852.2750 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF852.3375 30-22- 89-4-46 276 26 302 HARRISON, GULFPORT, MS

38.7 COUNTY OF852.3375 30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,

COUNTY OF MS852.3375 . 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF852.3375 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF852.4000 30-26· 88-55-53 692 48 270 HARRISON, BILOXI,MS

38.7 COUNTY OF852.4000 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF852.4750 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF852.4750 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF852.5125 30-30- 89-6- 143 98 250 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF852.5625 30-22- 89-4-46 347 26 302 HARRlSON, GULFPORT, MS

38.7 COUNTY OF852.5625 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,

COUNTY OF MS852.5625 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF852.5625 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF852.6750 30-22- 89-4-46 692 26 292 HARRISON, GULFPORT, MS

38.7 COUNTY OF852.6750 30-25-48 89-11-25 724 38 500 HARRISON, LONG BEACH,

COUNTY OF MS852.6750 30-30- 89-6- 380 98 344 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF852.7250 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF852.7250 . 30·31· 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF852.7875 30-22- 89-4-46 276 26 302 HARRISON, GULFPORT, MS

38.7 COUNTY OF852.7875 30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,

COUNTY OF MS

Page 19 of39

FRA - Final VersionCounty of Harrison, MSSeptember 25, 2009

CONFIDENTIAL

Replacement Lat (N) Long ERP Gnd Ant. New Licensee LocationFrequencies (W) (W) Elev Height

(ft) (ft)852.7875 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF852.7875 30-30. 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF852.8250 30-22- 89-4- 347 26 302 HARRISON, GULFPORT, MS

38.7 46 COUNTY OF852.8250 30-25·48 89-11-25 575 38 480 HARRISON, LONG BEACH,

COUNTY OF MS852.8250 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF.852.8250 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF852.8500 30-22- 89-4- 276 26 302 HARRISON, GULFPORT, MS

38.7 46 COUNTY OF852.8500 30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,

COUNTY OF MS852.8500 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS,

3.7 14.1 COUNTY OF&52.8500 30-30- 89-6- 35 HARRlSON,

3.7 14.1 COUNTY OF852.9000 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF852.9000 30-31- 88-59- 972 141 270 HARRISON, BILOXI,MS

24.7 14.3 COUNTY OF852.9875 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF852.9875 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF853.0125 30-30- 89-6- 143 98 250 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF853.1000 30-22- 89-4- 347 26 302 HARRISON, GULFPORT, MS

38.7 46W COUNTY OF853.1000 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,

COUNTY OF MS853.1000 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF853.1000 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF853.1500 . 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS

38.7 COUNTY OF853.1500 . 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS

24.7 14.3 COUNTY OF853.2625 30-22- 89-4- 347 26 302 'HARRISON, GULFPORT, MS

38.7 46 COUNTY OF853.2625 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,

COUNTY OF MS853.2625 30-3D- 89-6- 276 98 325 HARRISON, LYMAN,MS

3.7 14.1 COUNTY OF853.2625 30-30- 89-6- 35 HARRISON,

3.7 14.1 COUNTY OF853.3375 30-26- 88-55-53 692 48 270 HARRlSON, BILOXI, MS

38.7 COUNTY OF853.3375 30-31· 88-59- 972 141 270 HARRISON, BILOXI,MS

24.7 14.3 COUNTY OF853.3875 30-22- 89-4- 692 26 292 HARRISON, GULFPORT, MS

38.7 46 COUNTY OF

Page 20 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

Replacement Lat (N) Long ERP Gnd Ant. NewLicensee LocationFrequencies (W) (W) Elev Height

(ft) (ft)

853.3875 30-25-48 89-11-25 724 38 500 HARRISON, LONG BEACH,COUNTY OF MS·

853.3875 30-30- 89-6- 380 98 344 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

853.4875 30-26- 88-55-53 692 48 270 HARRISON, BILOXI,MS38.7 COUNTY OF·

853.4875 30-31- 88-59- 972 141 270 HARRISON, BILOXI, MS24.7 14.3 COUNTY OF

853.5125 30-22- 89-4- 347 26 302 HARRISON, GULFPORT, MS38.7 46 COUNTY OF

853.5125 30-25·48 89-11-25 575 38 480 HARRISON, LONG BEACH,COUNTY OF MS

853.5125 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

853.5125 30-30- 89-6- 35 HARRISON,3.7 14.1 COUNTY OF

853.6500 30-22- 89-4- 276 26 302 HARRISON, GULFPORT, MS38.7 46 COUNTY OF

853.6500 30-25-48 89-11-25 276 38 480 HARRISON, LONG BEACH,COUNTY OF MS

853.6500 30-30- 89-6- 35 HARRISON,3.7 14.1 COUNTY OF

853.6500 30-30- 89-6- 276 98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

853.7125 30-26- 88-55-53 692 48 270 HARRISON, BILOXI,MS38.7 COUNTY OF

853.7125 30-31- 88-59- 972 141 270 HARRISON, BILOXI,MS24.7 14.3 COUNTY OF

853.7375 30-26- 88-55-53 692 48 270 HARRISON, BILOXI,MS38.7 COUNTY OF

853.7375 30-31- 88-59- 972 141 270 HARRlSON, BILOXI, MS24.7 14.3 COUNTY OF

853.7625 30-22- 89-4- 347 26 302 HARRISON, GULFPORT, MS38.7 46 COUNTY OF

853.7625 30-25-48 89-11-25 575 38 480 HARRISON, LONG BEACH,COUNTY OF MS

1853.7625 30-30- 89-6- 276 '98 325 HARRISON, LYMAN,MS3.7 14.1 COUNTY OF

853.7625 30-30- 89-6- 35 HARRISON,3.7 14.1 COUNTY OF

853.8625 30-26- 88-55-53 692 48 270 HARRISON, BlLOXI,MS38.7 COUNTY OF

853.8625 30-31- 88-59- 972 141 270 HARRISON, BlLOXI,MS24.7 14.3 COUNTY OF

853.8875 30-26- 88-55-53 692 48 270 HARRISON, BILOXI, MS38.7 COUNTY OF

853.8875 30-31- 88-59- 972 141 270 "HARRISON, BILOXI, MS24.7 14.3 COUNTY OF

Page 21 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

SCHEDULEC

800 MHZ RECONFIGURATION

COST ESTIMATE - CERTIFIED REQUEST

Request for Reconfiguration Funding

Incumbent's Name: HARRISON, COUNTY OF. MS PH IT

Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel tofund the estimated reconfiguration costs included below:

Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Estimated Cosi(s)for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent$114,105.23 within 15 days (30 days if Incumbent elects to be paid by check rather than electronic fundstransfer) after receipt by Nextel of the fully executed Agreement and fully completed IncumbentInformation Form (as set forth on Exhibit A). Nextel will pay any outstanding balance of the Actual Costsdue to Incumbent within 30 days after the Reconciliation Date (as "Actual Costs" and "ReconciliationDate" are defined in Section 3(b)(i).

Vendor Payment Terms: In addition to the payments to Incumbent set forth above, Nextel will pay eachVendor an amount not to exceed the Estimated Cost(s) for that Vendor with respect to each category ofwork, as set forth below. Nextel will pay each Vendor within 30 days after receipt by Nextel of (A) aninvoice from the Vendor and (B) Incumbent's approval of receipt of goods and services and approval ofassociated costs included on the Vendor invoice.

1. System Description: The County's 800 MHz communications system consists of one 3-site (Gulfport)and one 2-site (Biloxi) Harris Corporation, RF Communications ("Harris") (successor to MIA-COM)EDACS simulcast systems, each of which utilize twenty (20) NPSPAC channels. In addition to thesimulcast systems there is a five-channel, single site NPSPAC mutual aid conventional system. Thesystems are deployed as follows: Gulfport North Site • 20-Channel EDACS Simulcast· 5-ChannelNPSPAC Mutual Aid TxIRx Gulfport West Site· 20-Channel EDACS Simulcast Gulfport South Site·20-Channel EDACS Simulcast Biloxi South Site • 20-Channel EDACS Simulcast Biloxi North Site • 20­Channel EDACS Simulcast

The major system elements to be reconfigured are summarized in the table below:

Total In Total Included inSystem FRA

Base station frequencies 105 105- Voice channels 0 .0- Home/Control channels 105 105Repeater sites 5 5Other sites (remote recv, BDA) 6 6Subscriber units retuned 0 0Subscriber units reprogrammed 3094 . 3094Subscriber units replaced 10 10Subscriber units rebanded total 3104 3104Entities operating on the system 2 2

Page 22 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

2. Reconfiguration Milestones: Identify the anticipated start date of the overall reconfiguration ofyoursystem (Project Start). Then, for each major reconfiguration milestone listed in the table below, provide(1) the anticipated number of days after project start date required to begin execution of the taskidentified, and (2) the estimated duration in number of days required to complete the task identified. Asan FRA is negotiated, it is not always possible to know an actual start date for specific reconfigurationtasks. In such a case, it is acceptable to forecast an estimated start date from execution ofthe FRA (i.e.,"contract execution +xx days") and estimate the duration of each task.

# ofDays After EstimatedReconfiguration Task Start Date Project Start Date Duration in #" of

for Start of Task DaysProject Start 60 Days after

ContractExecution

Reconfiguration Planning 0 60Reconfigure Subscriber Equipment 60 180Reconfigure Infrastructure Equipment 240 30System Acceptance 365 30

3. Implementation Plan: See MIA COM SOW

4. Cost Estimate:

Description of Work To Be Performed Payee(separately identify Estimated Cost(s) forIncumbent and each Vendor Incumbent and Eachbeing paid for work Vendor (Not to Exceedperformed) listed amount)

I. Subscriber Equipment Reconfiguration (Vendor) $1,421,769.25Subscriber Equipment Reconfiguration Travel Costs Harris

• Quality AssuranceManager T&L (1 @$113,369.25 /unit = $1 13,369.25)

Subscriber Reconfiguration Labor Tasks and Costs

• Day - Touch 1 - 2,930 Existing Tenninals,ESNs translated, Interim 1 (including newMutual Aid frequencies) rebimded systemsadded - 3x2 Technician Teams (10units/tech/day -- #work - days) (294-@$1,750.00 /unit = $514,500.00)

• Day - Touch 1 - 164 Control Stations 2x2TechniCian Teams (3 units/tech/day",· #work-days) (56 @ $1,750.00 /ooit =$98,000.00)

• Day - Touch 1 - Missing in Action Radios(10% per touch) 293 Radios - lx2Technician Team (10 units/tech/day -- #work - days) (30 @ $1,750.00 /unit =$52,500.00)

• Day - Touch 2 (over-the-air) - 3,094tennina1s Interiml and interim2 rebandedsystems added - I Technician Team (60units/tech/day -- # work - days) (52 @

Page 23 of39

FRA - Final V,"rsionCounty of Harrison, MSSeptember 25, 2009

CONFIDENTIAL

$1,750.00 /unit = $91,000.00)

• Day - Touch 2M Missing in Action Radios(10% per touch) 293 Radios - 1x2Technician Team (10 uniJs/tech/day -- #work - days) (30 @ $1,750.00 /unit =$52,500.00)

• Day M Touch 3 (over-the-air) - 3,094tennina1s Interim2 and interim3 rebandedsystems added M 1 Technician Team (60units/tech/day -- # work- day) (52 @$1,750.00 /unit = $91,000.00)

• Day - Touch 3 M Missing in Action Radios(10% per touch) 293 Radios - lx2Technician Team (10 units/tech/day -- #work- days) (30 @ $1,750.00 lunit =$52,500.00)

• Day - System Engineering - RadioProgramming Consultation (3 @$1,400.00lunit = $4,200.00)

• Month - Quality Assurance Manager (9 @$28,400.00 /unit = $255,600.00)

• Day - HARRIS TAC Engineering Support- Feature String Generation (69 @$1,400.00 /unit = $96,600.00)

• 1st Touch Portables (1797 @$36.33 lunit = (Incumbent) $220,698.73$65,285.01) Harrison County

• 1st Touch Mobiles (1139 @ $34.58 /unit =$39,386.62)

• 2nd Touch Portables (1797 @ $20. 19/unit= $36,281.43)

• 2nd Touch Mobiles (1139 @ $19.08 lunit =$21,732.12)

• 3rd Touch Portables (1797 @ $20.19 lunit= $36,281.43)

• 3rd Touch Mobiles (I 139 @ $19.08 lunit =$21,732.12)

• 'Project Management (368hr~ @ $135.00 /hr (Vepdor) $63,180.00= $49,680.00) Tusa Consulting

• Days M On-Site Project Management Travel(out oftown) (12 @ $1,125.00 /unit =$13,500.00)

II. Infrastructure Equipment Reconfiguration (Vendor) $146,266.20a. Infrastructure Equipment Rec~mfiguration HarrisServices• Infrastructure Reconfiguration Travel Costs

• System Engineering T&L (6 @$2,000.00lunit = $12,000.00)

Page 24 of39

FRA~- Final VersionCounty of Harrison, MSSeptember 25, 2009

CONFIDENTIAL

• Technician T&L (96 @$217.00 lunit =$20,832.00)

• Technician Vehicle Cost (2000 @ $0.7171lunit = $1,434.20)

.- Infrastructure Labor Costs

• System Engineering ReconfigurationSupport - Tasks include: Order Review andProcessing, Drawing updates, Cutover PlanSupport, Customer Meetings, Reviews (32@ $1,400.00 lunit = $44,800.00).. Installation· Infrastructure touch 1, MutualAid, 2 techs, 1 Site (4 @ $1,400.00 lunit =$5,600.00)

." Installation - Infrastructure Touch 2, BiloxiEDACS Channels 11-20,2 techs/site, 2sites (8 @ $1,400.00 lunit"; $11,200.00)

• Installation - Infrastructure Touch 3, BiloxiEDACS Channels 1-20,2 techs/site, 2 sites(8 @$1,400.00 lunit = $11,200.00)

• Installation· Infrastructure Touch 4,Gulfport EDACS Channels 1,3,4,5, 7, 11,13, 15, 17, and 20, 2 techs/site, 3 sites (12@ $1,400.00 lu'nit= $16,800.00)

• Installation - Infrastructure Touch 5,Gulfport EDACS Channels 2,6,8,9, 10,12, 14, 16, 18, and 19, 2 techs/site, 3 sites(12 @ $1,400.00 lunit = $16,800.00)

• Installation -- Infrastructure Touch 6,Remove Back to Back Repeaters fromMutual Aid System, 2 techs, 1 site 1 (4 @$1,400.00 lunit = $5,600.00)

• Coordinate Infr. Cutovers (64hrs @ $32.22 (Incumbent) $2,062.08/hr = $2,062.08) Harrison County

• On site PM (89hrs @ $135.00 /hr = (Vendor) $16,565.00$12,015.00) Tusa Consulting

• Days - Travel Expenses (out oftown) (2 @$2,275.00 lunit = ~4,550.00)

• Retune ~ BDA's on the ground (1 @ (Vendor) $4,550.00$1,500.00 lunit = $1,500.00) DPJJ, LLC

• Retune BDA on tower with tower crew (1 DBA - Wireless Services@ $1,800.00 lunit = $1,800.00) Attn: Chris Beck Grabert

• Retune 2 BDA's on ground (1 @ $1,250.00 2123 S. Philippe St.

lunit = $1,250.0q) Gonzales, LA 70737PH: [email protected]

Page 25 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

III. Engineering and Verification (Vendor) $109,200,00

Testing Harris

• System Engineering - Mutual AidEngineering Tasks Include: Mutual AidMigration Plan Development (l @

. $1,400.00 lunit = $1,400.00)

• System Engineering - Mutual Aid Testing(3 @$1,400.00 lunit = $4,200.00)

• System Engineering - Functional TestSupport Tasks Include: SimulcastAlignment Verification, Pre and PostRecbnfiguration Data Review (6 @$1,400.00 lunit = $8,400.00)

• System Engineering - Coverage TestSUPP01t Tasks Include: Pre and PostCoverage Testing Data Review and FinalizeMeasurement Test Plan (30 @ $1,400.00/unit = $42,000.00)

• Coverage Testing, Pre-ReconfigurationSignal Strength Testing (10 @ $1,400.00/unit = $14,000.00)

• Coverage Testing, Pre-ReconfigurationSignal Strength Testing (10 @ $1,400.00/unit = $14,000.00)

• Coverage Testing Pre - Reconfiguration -DAQ Audio Quality Testing (300 points) (6@ $1,400.00 lunit = $8,400.00)

• Coverage Testing Post - ReconfigurationDAQ Audio Quality Testing (300 points) (6@ $1,400.00 lunit = $8,400.00)

• Coverage Testing Pre - Indoor BuildingCoverage (20 Buildings) (3 @ $1,400.00lunit = $4,200.00)

• Coverage Testing Post Reconfiguration InBuilding (3 @ $1,400;00 lunit = $4,200.00)

• Attend Infrastructure fmal test (32hrs @ (Incumbent) $4,393.64

$32.221hr= $1,031.04) Harrison CountY

• Coverage Testing Simulcast (l50hrs @$19.78/br = $2,967.00)

• Overlap/Timing Change Pre & Post Testing(20hrs @ $19.78/br = $395.60)

• Witness coverage verification; compare (Vendor) $15,805.00

differences Simulcast (16hrs @ $135.00 Ihr Tusa Consulting

= $2,160.00)

• Document coverage verification andcompare differences Simulcast (r2hrs @$135.00 Ihr = $1,620.00)

• Overlap/Timing Change Pre & Post Testing(30hrs@ $135.00 Ihr= $4,050.00)

• Labor for Testing - Functional and

Page 26 of39

FRA - Final VersionCounty of Harrison, MSSeptember 25, 2009

" CONFIDENTIAL

Acceptance. (25hrs @$135.00 /hr 0=

$3,375.00)

• Days - Travel Expenses (in town) (2 @$50.00 /unit 0= $100.00)

• Days R Travel Expenses (out of town) (4 @$1,125:00 /unit 0= $4,500.00)

IV. Professional Services (Vendor) $23,800.00Facilities Cost HarrisPlanning, Engineering and Verification Costs

• Planning, Engineering and Implementation- System Capacity Analysis, Develop SOW,Test Plans, Cutover Plan (48hrs.@ $175.00/hr 0= $8,400.00)

• Planning - Customer Support - PlanningMeetings and Review Support (8hrs @$175.00 /hr 0= $1,400.00)

• Support FRA Contract Negotiations -Future Planned Support HARRIS SE (40hrs@ $175.00 /hr 0= $7,000.00)

• Support FRA Contract Negotiations -Project Management (40hrs @ $175.00 /hr0= $7,000.00)

• Planning Meetings with Consultant (24hrs (Incumbent) $1,056.00@ $44.00!hr 0= $1,056.00) Harrison County

• Phase II, Task 7.2, Cost Docs (30hrs @ (Vendor) $24,570.00$135.00 /hr 0= $4,050.00) Tusa Consulting

• Phase II, Task 7.6, Provide Certification ofAcceptance (2hrs @ $135.00!hr 0= $270.00)

• Technical Support for FRA Negotiations(l50hrs @ $135.00 /hr 0= $20,250.00)

V Contracts and Legal (Vendor) $41,590.00

• Contract negotiations, review of contract SRGP&Eand closing documents (90hrs @$435.00/hr 0= $39,150.00)

• FCC Regulatory Filings, 2 sets of~pplications,consummation notices,rebanding deadline notices and deadlinecoordination (8hrs @$180.00 /hr 0=

$1,440.00)

• Review of Closing Documents (1 @$1,000.00 /unit 0= $1,000.00)

Harrison County Incumbent $228,210.45

Harris Vendor $1,701,035.45

Tusa Vendor $120,120.00

Page 27 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

DP]] - Wireless Services Vendor $4,550.00

SRGP&E Vendor $41,590.00

Total Estimated Costs $2,095,505.90 .

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Page2S of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTiAL

Certification

Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointedpursuant to the Order that Incumbent and its Vendors have detennined (as listed on Schedule C)the minimum funds neces~ary to reconfigure Incumbent's facilities in a reasonable, prudent andtimely manner, in order to make such rebanded facilities comparable to those presently in use. Ifapplicable, Incumbent further certifies, to the best of Incumbent's knowledge, that any Vendorcosts listed on Schedule C are comparable to costs that Vendor previously charged Incumbent for

silnilarwork.~R .SIgnature: .Print Name: RobertG.B1r. r.Title: Deputy DirectorPhone Number: 228-831~0760

E-mail [email protected]: October 6, 2009

Page 29 of39

FRA • Final VersionCounty of Harrison, MSSeptember 25, 2009

• SCHEDULED

HARRISON, COUNTY OF, MS PH II

, 1) Loaned Reconfiguration Equipment (provided by Nextel)

CONFIDENTIAL

Ouantitv Manufacturer Description Model Number NewlUsed

1ISTATION,CONY MASTR III,806-

SX8MCX Used870MHZ,lOOW (866.0125T/821.0125R)

1PROGRAMMING,TONE

SXSF3H UsedREMOTEIREPEAT

1 PROGRAMMING,NPSPAC SXNPIA Used

1Instruction, Rack-up, Cony 69/83/86

SXAP7T UsedCaJjIRk

1 CABINET,83 IN SXCAlU Used1 COVER,SCREEN,TIR SHELF SXMN9C Used1 Kit, Mounting Hrdwr,69/83/86in CablRack SXMN2D UsedI Power Supply, 120VAC,60Hz, 12/24VDC SXPS9R Used1 FAN,120VAC SXFNIA Used1 OUTLET STRlP,I 20VAC SXCNIZ Used

1CABLE,RX ANTENNA,NO RELAY,NO

SXCJ5E UsedVUPLEXER

1 Kit, SOR Relay SXSU3D Used1 Feature, 4 wire audio SXSF3J Used

ISTATION,CONV MASTR III,806-

SX8MCX Used870MHZ,lOOW (866.5 125T/821.5 l25R)

1PROGRAMMING,TONE

SXSF3H UsedREMOTEIREPEAT

1 [pROGRAMMING,NPSPAC SXNPIA Used

1Instruction, Rack-up, Cony 69/83/86

SXAP7T UsedCablRk

1 COVER,SCREEN,TIR SHELF SXMN9C UsedI Kit, Mounting Hrdwr,69/83/86in CablRack SXMN2D Used1 Power Supply, 120VAC,60Hz, 12/24VDC SXPS9R Used

1CABLE,RX ANTENNA,NO RELAY,NO

SXCJ5E UsedDUPLEXER

1 Cit, SOR Relay SXSU3D UsedI Feature, 4 wire audio SXSF3J Used

1STATION,CONY MASTR III,806-

SX8MCX Used870MHZ,lOOW (867.0125T/822.0125R)

1PROGRAMMING,TONE

SXSF3H UsedREMOTE/REPEAT

1 IPROGRAMMING,NPSPAC SXNPIA Used

1llnstruction, Rack-up, Cony 69/83/86

SXAP7T UsedCablRk

1 COVER,SCREEN,TIR SHELF SXMN9C Used1 Kit, Mounting Hrdwr,69/83/86in CablRack SXMN2D Used1 Power Supply, 120VAC,60Hz, 12/24VDC SXPS9R Used

1CABLE,RX ANTENNA,NO RELAY,NO

SXCJ5E UsedDUPLEXER

1 !Kit, SOR Relay SXSU3D Used1 lFeature, 4 wire audio SXSF3J Used

ISTAnON,CONV MASTR II1,806-

SX8MCX Used870MHZ,lOOW (867.5125T/822.5125R)

Page 30 of39

CONFIDENTIAL

IPROGRAMMING,TONE

SXSF3H UsedREMOTEIREPEAT

I PROGRAMMING,NPSPAC SXNPIA Used1 IInstruction,Rack-up,Conv 69/83/86 CablRk SXAP7T UsedI COVER,SCREEN,TIR SHELF SXMN9C Used1 Kit,Mounting Hrdwr,69/83/86in CablRack SXMN2D UsedI Power Supply,120VAC,60Hz,12/24VDC SXPS9R Used

1CABLE,RX ANTENNA,NO RELAY,NO SXCJ5E UsedDUPLEXER

1 Kit', SOR Relay SXSU3D Used1 Feature, 4 wire audio SXSF3J Used

1STATION,CONY MASTR III,806- SX8MCX Used870MHZ,100W (868.0125T/823.0125R)

IPROGRAMMING,TONE SXSF3H UsedREMOTEIREPEAT

I PROGRAMMING,NPSPAC SXNPIA Used1 Instruction,Rack-up,Conv 69/83/86 CablRk SXAP7T Used1 COVER,SCREEN,TIR SHELF SXMN9C' Used

. I Kit,Mounting Hrdwr,69/83/86in Cab/Rack SXMN2D UsedI Power Supply,120VAC,60Hz, 12/24VDC SXPS9R Used

1CABLE,RX ANTENNA,NO RELAY,NO

SXCJ5E UsedDUPLEXER

I Kit, SOR Relay SXSU3D UsedI !Feature, 4 wire audio SXSF3J Used1 CABINET,69 IN SXCAlD Used2 [<it,Mounting Hrdwr,69/83/86in Cab/Rack SXMN2D UsedI OUTLET STRIP,120VAC SXCNIZ Used

IDipiexer, Rebanding (dbSpectra) (851-

SPD-581 Used854/866-869 MHz)

50 CABLE,COAX,1I2 IN,50 OHM,PE FOAM LDF4-50A Used

1CONNECTOR,7/16 DIN MALE,RIGHT

L4PDR-C UsedANGLE,FOR LDF4-50B

1CONNECTOR,N MALE,WITH HEX

L4TNM-PS Used~T,FOR LDF4-S0A

100CABLE,COAX,1I2 IN,50

FSJ4-50B UsedOHM,SUPERFLEX

12CONNECTOR,N MALE,RIGHT

F4PNR-HC Used!ANGLE,FOR FSJ4-50B2 CONNECTOR,N MALE,FOR F'SJ4-50B F4PNMV2-HC Used

150 CABLE,COAX,1I4 IN 50 OHM,PE FOAM FSJ1-S.oA Used

5CONNECTOR,BNC MALE,FOR FSJl-

FlTBM-C Used50A

5CONNECTOR,N MALE,WITH HEX FIPNM-HC Used~T,FOR FSJ1-50A

5!ADAPTER,BNC FEMALElBNC MALE RFB-1l32 UsedRIGHT ANGLE (RF Industries)

5 Vega Rebanding Panels SYSOOOO 10000 Used10 Back-To-Back Repeater Cable, 300 inches CA-014819-030 Used2 Portable ProFile Kit PPF-KIT Used3 RF Module Test Fixture TQ0650 Used3 Card extender EA24877-0001 Used5 System Module, Unprogrammed 188D5498Gl Used

Page 31 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

CONFIDENTIAL

Combiner,TX,851-869MHz, 10 Channel(Channell. 851.0625, Channel 2 -851.3250, Channel 3 w 851.7250, Channel 4

1 - 852.0750, Channel 5 • 852.4000, Channel DB8062F10-B Used6 - 852.7250, Channel 7 - 852.9875,ChalUlel8 - 853.337~, Channel 9 -853.7125, Channel 10 - 853.8625)Combiner,TX,851-869MHz,5 Channel

1(Channell - 851.8125, Channel 2 -

DB8062F5-B Used852.2750, Channel 3 w 852.6750, Channel 4

853.3875, ChannelS· 853.6500)

2) Replacement Equipment (provided by Nextel)

Quantity . Manufacturer Description Model Number NewlUsed5 Kit, SOR Relay SXSU3D Used

Combiner, TX, 8510869MHz, 5Channel (Channell - 851;0125,

I Channel 2 - 851.5125, Channel 3 - DB8062F5-B Used852.0125, Channel 4 - 852.5125,ChalUlel5 - 853.0125)

4 Software,VAX SiC Personality Proms PSFWIL New2 RX Multicoupler Filter, 806-812 MHz DB0700256-001 Used

3084 TAC Feature,ProFile YRPL5K New2980 TAC Feature,Upgrade,800 SYS/GRPS YRPL3R New104 TAC Feature,Upgrade,512 SYS/GRPS MAYR·NPL7Z New

10M7100IP Radio Type 806-870 MHz,

MAHG-S8MXX New35WFEATURE PACKAGE, EDACS

10 TRUNKING OPERATION (includes MAHG-ED NewConventional operation)

10CONTROL UNIT, SYSTEM, FRONT

MAHG-CP7V NewMOUNT

10 MICROPHONE, MOBILE MAHG-MC7T New

10KIT, ACCESSORY, FRONT

MAHG-ZN5W NewMOUNT, 50W TX AND BELOW

1OFEATURE, ProFilea,,¢ OVER-THE-

MAHG-PL5K NewAIR PROGRAMMING

10 fEATURE, 800 EDACSMAHG-PL3R NewSYSTEMS/GROUPS

. 3) Replaced Equipment (to be delivered tl? Nextel prior to Closing)

Quantity Manufacturer Description Model Number1 5 ChalUlel Combiner Combiner2 Multicoupler Filter Filter

~X EDACS Mobile Radio (each with10 System keypad, system front control unit MDX

and microphone)

4) Reserved

5) Reserved

Page 32 of39

FRA • Final Versi'on •County of Harrison, MSSeptember 25, 2009

CONFIDENTIAL

SCHEDULEE

Product Typical Values

The Product Typical Values for Replacement Equipment'shall be:

a.. for Replacement Equipment set forth on Schedule C, the cost shown on Schedule C forthe item of Replacement Equip:r:nent; or

b. for Replacement Equipment comprising Harris subscriber radios, options and accessories,the most recent price list as ofthe date a reconciliation statement is sent to Incumbent byNextelless 15%.

In lieu of paying the Product Typical Value as stated above, Incumbent may choose to purchaseComparable Equipment, defined below, from any source and send the equipment, along with adequatedocumentation, to Nextel prior to the Reconciliation Date. Comparable Equipment, shall meanequipment of the same condition (e.g., new for new or used for used) and from the same manufacturer,that is the identical model and includes the same options and accessories as the Replacement Equipmentprovided by Nextel. .

Page 33 of39

FRA - FInal VersionCounty of Harrison, MSSeptember 25, 2009

CONFIDENTIAL

Exhibit A

Incumbent Information

The jollowing questions are requiredjor processing Electronic Funds Transfers and ifIncumbentwants Nextel to complete the FCCfilings on its behalf. All information contained herein shall be keptstrictly confidential and will he used only in completion ofthe Frequency Reconfiguration transaction,

I. INCUMBENT INFORMATION

Please provide thelol/owing information:

CompanyfName: Harrison County Emergency Communications Commission

Contact: Robert G. Bailey Jr. Title: Deputy Director

Address: 15309-B Community Rd.

City/State/Zip: Gulfport, MS 39503

Phone: 228-831-0760 Fax: 228-831-0762

Email: [email protected]

Check Appropriate Box: 0 Individual/Sole Proprietor 0 Corporation 0 Partnership

X Other: County Govemment

II. BANK ACCOUNT INFORMATION (Required for payment processing.)

Please select preferred payment method: 0 Wire Transfer 0 ACH 0 Check

Name of Bank:

Address ofBank: -----------------------City/State/Zip: _~_~~__~_~_~~ ~~~__

Bank Phone #: ------------------------ABA (Routing #): ~---------~

Account #: ---'----_

Name on Account:---~----.-----------------'----------

Federal, State or Individual SS #: _

Name of Brokerage Firm (if applicable): ___'____ _

Brokerage Account # (if applicable): _

In the event Incumbent will not provide information for Wire Transfer or ACH, Incumbentacknowledges that allpayments will be made hy check.

Acknowledged by Incumbent: .?-Qe:£.~::::z......B.~~'~~~~~~...,....- (signaturerequired only ifIncumbent does not want an electr'oniGjtf1uls t

'FAA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

Page 34 of39

. .

•CONFIDENTIAL

III. TAX INFORMATION

The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if thetransaction is exempt from taxation (if so, it will be reported to the [RS as a like-kind exchange).Therefore, it is necessary for Nextel to" collect the infonnation below. If you have specific questionsabout your tax implications in this transaction, you should consult your own accountant or financialadvisor.

Incumbent's Federal, State or Individual Tax ID #,FEIN (Federal) or SSN (individuals): 64-6000425

State(s) - sales tax license, resale permit,employment, etc.):

Local (if applicable):

Current State and County location for yourprincipal executive office: 15309-B Community Rd. Gulfport, MS 39503

Ifthere has been more than one location for theprincipal executive office within the past five (5)years, list each such City/County/State location:

IV. FINANCIAL RECONCILIATION CONTACT INFORMATION (indicate one)

A. Check here if same as indicated in Item I above-----B. Fill in below if different from Item I above as follows:

Financial Contact Name: Doug Armstrong

Title: Chief Deputy, Harrison County Chancery Clerk

Address: P.O. Drawer CC

City/State/Zip: Gulfport, MS 39502

Phone: 228-865-4119 Fax: 228-868-1480

Email: [email protected]

v. REGULATORY INFORMATION

Would you like NexteJ's Regulatory department to prepare and file all necessary FCC paperworkon your behalf? NO

Page 35 of39

FRA • Final VersionCounty of Harrison, MSSeptember 25, 2009

• lfyes, please provide the following UniversalLicensing System ("ULS") information for yourlicenses:

FRN (FCC Registration Number):

ULS PASSWORD:

Contact Representative for any FCC relatedissues:

Name:

CONFIDENTIAL

Ifno, please provide the following informationregarding who will take care of the preparation andfiling of all necessary FCC paperwork on yourbehalf:

Contact Name: Alan S. Tilles

Organization: Shulman Rogers Gandal Pardy &Ecker, PAAddress: 12505 Park Potomac Avenue, Sixth FloorCity: Potomac

State/Zip: Maryland 20854

Phone Number: 301-255-1930

Email Address:[email protected]

Phone Number:

I hereby acknowledge that all oJthe information provided herein is true and correct as oJthedate signed below.

InCUmbentSignature~#Print Name: Robert G. Bailey Jr.

Title: Deputy Director

Date: October 6, 2009

Page 36 of39

FRA - Final VersionCounty of Harrison, MSSeptember 25, 2009

CONFIDENTIAL

Exhibit B(1)Reconciliation Documentation

Certification ofIncumbent Labor

Incumbent hereby certifies that the internal labor reimbursement infonnation provided for the Agreementwith Nextel (the "FRA") is true and complete to the best of Incumbent's knowledge. Incumbent furthercertifies that the number of reconfiguration tasks that the Incumbent performed using internal labor foreach labor category on the TA-approved Cost Estimate (as that term is d~fined in the FRA) ("Units")and/or the number of internal labor hours incurred in performing reconfiguration tasks for each laborcategory on the TA-approved Cost Estimate ("Hours") were for 800MHz Reconfiguration and have beendocumented in accordance with the TA's policy on Incumbent Labor Reimbursement - athttp://www.800ta.orgicontentJresources/Incumbent_LaborYeimbursement_Policy.pdf as of the EffectiveDate of the FRA. Incumbent acknowledges that the reconciliation documentation and related supportingrecords for the FRA are subject to the TA's Review Rights (as that term is defined in the FRA).

Incumbent Name: ----------------------Signature:

Name:

Title:

Date:

'.

",

Page 37 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

•CONFIDENTIAL

Exhibit B(2)Reconciliation Documentation

Time Sheet Documentation

THIS IS ANEXAMPLE DOCUMENTTHE ACTUAL DOCUMENTIS AVAILABLE FROM THE NEXTEL FINANCE DEPARTMENT

Deal ID:-

Deal Name:

Name * Date ** Schedule C Description of Work Actual *** Rate Total CostCategory of Work Performed (ties back Hours (hourly)

to Schedule C) Worked

TOTAL $COST

CERTIFICATION:

Incumbent hereby certifies that the internal labor reimbursement information provided for the Agreementwith Nextel (the "FRA") is true and complete to the best of Incumbent's knowledge. Incumbent furthercertifies that the number of reconfiguration tasks that the Incumbent performed using internal labor foreach labor category on the TA-approved Cost Estimate (as that term is defined in the FRA) ("Units")and/or the number of internal labor hours incurred in perfonning reconfiguration tasks for each laborcategory on the TAwapproved Cost Estimate ("Hours") were for 800MHz Reconfiguration and have beendocumented in accordance with the TA's policy on Incumbent Labor Reimbursement athttp://www.800ta.org/content/resourceslincumbent_Labor_Reimbursement_Policy.pdf as of the EffectiveDate of the FRA. Incumbent acknowledges that the reconciliation documentation and related supportingrecords for the FRA are subject to the TA's Review Rights (as that tenn is defined in the FRA).

Incumbent Name: -------------------,--------Signature:

·Title:

Date:_____~_-_~---w_--------_- -----.-------- ~----- _(1) Separate entries for each date when labor expense was incurred must be provided on a per employee basis. Dateranges will not be accepted.

.' (2) A total should be provided for each Schedule C category. Subtotals can be provided within the page or aseparate page can be used for each category/grouping.

(3) Hourly rates may not exceed the Schedule C negotiated rate for similar reconfiguration activities unlessaccompanied by an approved change notice that explains why a higher rate was necessary to completereconfiguration.

Page 38 of39

FRA - Final VersionCounty ofHarrison, MSSeptember 25, 2009

.'

CONFIDENl'IAL

Exhibit B(3)

Reconciliation DocumentationPer Unit Summary Documentation

THIS IS ANEXAMPLE DOCUMENTTHE ACTUAL DOCUMENTIS AVAILABLE FROM THE NEXTEL FINANCE DEPARTMENT

Deal ID: .

Deal Name:

* Schedule C Description of Work ** Quantified Units *** Rate (per Total CostCategory of Performed (ties back to Unit)Work Schedule C)

$

CERTIFICATION:

Incumbent hereby certifies that the intemallabor reimbursement infonnation provided for the Agreementwith Nextel (the "FRA") is true and complete to the best of Incumbent's knowledge. Incumbent furthercertifies that the number of reconfiguration tasks that the Incumbent performed using internal labor foreach labor category on the TA-approved Cost Estimate (as that term is defined in the FRA) ("Units")and/or the number of internal labor hours incurred in performing reconfiguration tasks for each laborcategory on the TA-approved Cost Estimate ("Hours") were for 800MHz Reconfiguration and have beendocumented in accordance with the TA's policy on Incumbent Labor Reimbursement athttp://www.800ta.org/content/resourceslincumbent_Labor_Reimbursement]olicy.pdf as of the EffectiveDate of the FRA. Incumbent acknowledges that the reconciliation documentation and related supportingrecords for the FRA are subject to the TA's Review Rights (as that term is defined in the FRA).

Incumbent Name: ----------------------

Signature:

Title:

Date:

(1) A total should be provided for each Schedule C category. Subtotals can be. p~ovided within the page.or a separate page can be used for each category/grouping.

(2) A detailed list identifYing the individual units (by serial number or other unique identifying factor)must be provided in addition to this summary document.

(3) Per unit rates may not exceed the Schedule C negotiated rate for similar reconfiguration activitiesunless accompanied by an approved change notice that explains why a higher rate was necessary tocomplete reconfiguration.

Page 39 of39

FRA· Final VersionCounty ofHarrison, MSSeptember 25, 2009

RESOLUTION AUTHORIZING AND APPROVING THE FREQUENCYRECONFIGURATION AGREEMENT BETWEEN HARRISON COUNTY AND

NEXTEL SOUTH CORP.

WHEREAS, the Harrison County Emergency Communications Commission was created

by the Board of Supervisors under authority of §19-5-305, Mississippi Code Annotated, as

amended, and its membership represents all city and county public safety agencies in the County,

and the Harrison County Emergency Communications ·Commission is governed and empowered "

according to "§§ 19-5-301, et seq., Mississippi Code Annotated, as amended; and

WHEREAS, Harrison County, Mississippi is a government unit, body politic, and

subdivision of the State of Mississippi governed by its Board of Supervisors and vested with

certain statutory powers and general powers, including without limitation those powers vested

under Sections 19-3-40, et seq, Mississippi Code of 1972 Annotated, as amended; and

WHEREAS, the Commissioners of the Harrison County Emergency Communications

Commission have found that the county-wide integrated communications system includes

various types of equipment which must be periodically monitored, maintained, upgraded, and/or

replaced; and

WHEREAS, the Harrison County Emergency Communications Commission, with the

"authorization of the Harrison County Board of Supervisors, has entered into negotiations with

Nextel South Corp., a wholly owned indirect subsidiary of Sprint N~tel Corp. ("Nextel") for the

reconfiguration of the County's 800 MHZ band to minimize harmful interference to public safety

radio communications systems in the band in order to comply with the Federal Communications

Commission's ("FCC") Orders ofAugust 6,2004 and December 22,2004; and

WHEREAS, The Commissioners of the Harrison County Emergency Communications

EXHIBIT

IJL

Commission find that all the communications systems, equipment,. contracts, assignments, leases,

warranties, licenses, and other assets, which are the subject of the proposed Frequency

Reconfiguration Agreement between Harrison County and Nextel are reasonable and necessary

"for carrying out the purposes and intent of §§ 19-5-301 through 19-5-319 of the Mississippi Code

of 1972 Annotated, as amended; and

WHEREAS, the Commissioners of the Harrison County Emergency Communications. .

Commission find that the proposed Frequency Reconfiguration Agreement between Harrison

County and Nextel, attached hereto and incorporated herein as Exhibit"A", is reasonable and

necessary for the purpose ofreconfiguration of the County's 800 MHZ band to minimize harmful

interference to public safety radio communications systems ill the band in order to comply with

the FCC Orders ofAugust 6, 2004 and December 22, 2004; and

WHEREAS, the Commissioners of the Harrison County Emergency Communication

Commission find that the proposed Frequency Reconfiguration Agreement is necessary for

carrying out the purposes of the E-911 Act (§19-5-301, et seq. of the Mississippi Code of 1972

Annotated, as amended), within Harrison County; and

WHEREAS, the Commissioners of the Harrison County Emergency Communication

Commission find that under the terms of the proposed Frequency Reconfiguration Agreement,

Nextel will pay Harrison County the minimum reconfiguration cost necessary to reconfigure·

Harrison County's affected freguency allocations;

NOW THEREFORE, BE IT RESOLVED by the Commissioners of the Harrison

County Emergency C6nununications Commission as follows:

SECTION 1

2

•3

The Frequency Reconfiguration Agreement between Harrison County and Nextel, a copy

of which is attached hereto and incorporated herein as Exhibit "A", is authorized and approved,

subject to and contingent upon approval by the Harrison County Board of Supervisors.

-That the Harrison County Emergency Communications· Commission recommends to the

Harrison County Board of Supervisors that it authorize, approve and sign the aforestated

Agreement.

. thRESOLVED on this the 17 day of September, 2009.

The above and foregoing Resolution was introduced by Commissioner Bass, who moved

the adoption of same. Said Motion was seconded by Commissioner Stiver. Upon being put to

•vote, the results were as follows:

MELVIN BRISOLARA, Harrison County at Large

LINDA ATTERBERRY, City of Biloxi

PATRICK STIVER, Emergency Medical Services

JAY WILLIAMS, City of D'Iberville

Chief JOHJ\T DUBUISSON, Pass Christian Police Department

Chief GEORGE BASS, Long Beach Fire Department

Chief ALAN WEATHERFORD, City of Gulfport

ABSENT

ABSENT

WHEREUPON, Chairman LINDA ATTERBERRY declared the motion carried and the

resolution adopted on the 17th day of September, 2009.

HARRISON COUNTY EMERGENCYCOMMUNICATIONS COMM 0r-BY:

HARRISON COUNTY EMERGENCYCOMMUNICATIONS COMMISSION

Meeting MinutesSeptember 17, 2009

Opening:

The regular meeting of the Harrison County Emergency CommunicationsCommission was called to order at 1:48p.m. on September 17, 2009 at theGulfport Courthouse in the EMA Conference Room by Chairman LindaAtterberry.

Present:Chief Linda Atterberry, City ofBiloxiChief John Dubuisson, City of Pass ChristianChiefGeorge Bass, City of Long BeachChief Alan Weatherford, City of GulfportMr. Patrick Stiver, EMSMs. Haley Broom, HCECC Legal CounselMr. Rupert Lacy, HCECC Executive DirectorMr. Gil Bailey, HCECC Deputy DirectorMr. Robert Clark, HCECC Radio TechnicianMs. Paula Chisholm, HCECC Administrative Assistant

Absent:Mr. Jay Williams, City of D'IbervilleSheriff Melvin Brisolara, Harrison County

Guests:District 3 Supervisor Mr. Craig Hitt, Lauderdale CountySupervisor William Martin, Harrison County Board of SupervisorsGeorge Scholl, Jackson County 911Captain Bill Markopoulos, Harrison County Sheriffs DepartmentMs. Brenda Barefoot, Harrison County Sheriffs DepartmentSergeant Scott Henderson, Harrison County Sheriffs DepartmentCommander Billy Seal, Long Beach Police DepartmentChief Wayne McDowell, Long Beach Police Department

1. Presentation by MAS Legislative Study Committee on 911 FundingSupervisor Craig Hitt, Lauderdale County gave the Commission and Guests abriefing on 911 Funding Issues.

No Action Taken

1

• (Chairman Linda Atterberry leaves at 2:20pm and Vice Chairman Patrick Stiverassumes the Chair)

2. Approval of MinutesThe minutes of the August 20, 2009, monthly meeting were unanimously approved asdistributed. . Dubuisson/Bass Approved

Update on outstanding action items from previous 911 Commission meetings:(Chairman Linda Atterberry returns to the meeting at 2:25pm and reassumes theChair)

CAD Special Service Arrangement AgreementThe CAD Special Service Arrangement Agreement and CAD/GEO Software UpgradeQuestions I Concerns I Comments were distributed. Executive Director Rupert Lacystated that we are still waiting for final approval from the IT Department on the responsesgiven and Legal is also reviewing the agreement.After discussion the Commission made a motion to table the CAD Special ServiceArrangement Agreement until responses are approved by the County IT Director and theBoard Attorney has reviewed.

3. Treasurer's ReportA motion was made to accept the August 2009, Treasurer's report.

Bass/Dubuisson

4. Old Business

Dubuisson/Bass

Approved

Motion Tabled

Web Based ScanningDeputy Director Gil Bailey distributed a proposed set of Rules & Regulations that willapply to all users of the Harrison County Emergency Communications Commission radiosystem User Access Agreement to address potential security issues. Legal stated that theCommission has the authority to create Rules and Regulations and they should be signedfor by the user and added to the user access agreement. The 911 Commission directedDeputy Director Gil Bailey and Radio Technician Robert Clark to work on the proposedRules and Regulations to put in any future agreements. All User Access Agreements arerenewed on a yearly basis.After discussion the Commission made a motion to table until the next meeting theapproval of the proposed Rules and Regulations to allow HCECC staff adequate time toprepare a more comprehensive set of Rules & Regulations for consideration by theCommission.

Weatherford/Bass Motion Tabled

•PSIC Grant ApplicationDeputy Director Gil Bailey stated that the PSIC Grant Resolution approved by theCommission at the August 20, 2009 monthly meeting was delivered to the PSIC GrantCommittee as requested. The Commission's grant application is currently in the review

2

process and could be approved as early as the Wireless Communications Commissionmeeting on October I, 2009.

No Action TakenNextel Re-bandingDeputy Director Gil Bailey told the Commission that he just received email andtelephone confirmation that the re-banding 'agreement has been completed and Legal islooking over the final revisions. Deputy Director Gil Bailey asked the Commissionmembers for permission to move forward with the [mal agreement before the nextmonthly meeting in October~

A motion was made to have Legal review the Re.banding agreement and if they have noissues with it, the 911 Commis~ion gives the HCECC staff permission and authority toprepare the necessary documents' for Chairman Linda Atterberry's signature and topresent to the Board of Supervisors for final approval.

Bass/Stiver Approved

Inventory Audit of Issued End User EquipmentDeputy Director Gil Bailey told the Commission that the majority of the agencies havereturned their inventory audit reports and these are being prepared for submittal to theHarrison county Inventory Control Clerk for updating. The HCECC staff is working witha few agencies to assist them in completing their audit.

No Action Taken

The following came up for discussion by the Commission:Chairman Linda Atterberry stated that the Consolidated Dispatch Business Plan needs tomove forward. Deputy Director Gil Bailey has called Mr. Bobby Cuiumber and iswaiting for a callback on exactly what information Mr. Culumber needs to complete thebusiness plan.

No Action Taken

Deputy Director Gil Bailey asked the 911 Commission members to please review theirlocal in-building coverage ordinance with their building officials. Chief George Bassstated the City of Long Beach provides the information within the first packet thebuilding owners receive when they submit their construction plans and the buildingofficials are touching base with contractors as the building is being constructed.

No Action Taken

Chairman Linda Atterberry told the Commission that there are major problems withlightning hitting the Communications Center in Biloxi Chairman Atterberry has beeninformed by the City of Biloxi Engineer that the radio tower owned by Global Towersthat sits adjacent to the Communications Center may be contributing to the problem.The HCEC staff will be meeting with Chairman Atterberry and representatives fromPatterson Communications and the City of Biloxi to review. the current buildinggrounding and discuss possible solutions to prevent further lightning damage.

No Action Taken

3

4. New Business

Renewal of FX System Master Tune AgreementDeputy Director Gil Bailey requested approval to renew the FX Software & TechnicalAssistance Services at a cost for both services of $92,100.00 for the Harrison CountyEmergency Communications Commission radio system. This is a planned expense and isincluded in the professional services portion of the yearly budget.Deputy Director Gil Bailey sta~ed that there will not be a need to include a completesystem Master Tune with these serVices as we will be performing re-banding during thenext year and the system will receive a complete tuning as part of the re-banding process.This will result in a savings of $25,178.00 from last years costs.A motion was made to approve the yearly budgeted item for renewal of the FX Software& Technical Assistance Services at a cost for both services of$92,100.00.

Bass/Weatherford Approved

TracFone Wireless Lifeline Program in Harrison CountyDeputy Director Gil Bailey distributed information on the TracFone Wireless LifelineProgram in Harrison County regarding the Federal Lifeline program which provides alandline or wireless telephone for low income and underprivileged individuals. TracFoneis a reseUer that does not pay 911 charges. He explained that the Commission would notbe receiving any revenue from the phones and that Jackson County has denied them.HCECC Legal has reviewed the information.After discussion the Commission made a motion to deny the TracFone Wireless LifelineProgram in Harrison County.

WeatherfordlDubuisson Approved

Request to attend Harris Southeast Wireless User Group Conference November 2­5,2009, in Orlando, FL.A motion was made to approve Deputy Director Gil Bailey to attend the Haris SoutheastWireless Users Group Conference in Orlando, Florida, November 2 - 5, 2009 at aprojected total cost of $780.00.

Bass/Stiver Approved

Docket of Claims

Approve paymenfto Dukes, Dukes, Keating & Faneca, P.A.; Invoices #53736 for a totalof$1,046.22 for legal services for the month of August, 2009.

Stiver/Weatherford Approved

5. HandoutsSystem Activity Report for August, 2009, PSAP 911 Call Statistics for July and August2009, and a handout about and listing the suspension of 53 TelecommunicationsProviders by MS Public Service Commission were distributed. Deputy Director Baileyinformed the Commission that none of the providers on the suspension list are providingservices in Harrison County so there is no loss of revenue.

No Action Taken

4

• The following came up for discussion and action by the Commission:Executive Director Rupert Lacy reminded the Commission that Deputy Director GilBailey was appointed by the Board of Supervisors as representative for Harrison Countyto the Mississippi Association of Supervisors on 911 Funding Legislature and asked theCommission for travel approval to attend any meetings with the Legislators for the 911Funding and to have it open for the Commission members to attend also.A motion was made to authorize travel for Deputy Director Gil Bailey and any 911Commission members that want to attend any meetings with the Legislators, in Jackson,MS to participate in supporting 911 FUnding Legislation and the 911 Commission willpay for approved travel expenses. Deputy Director Gil Bailey will notify the 911Commission members on all meeting dates and brief the HCECe Commission on allmeetings he attends. .

Bass/Weatherford Approved

6. AdjournmentThe meeting was adjourned at 3:00p.m. by Chainnan Linda Atterberry.

Stiver/Bass Approved

The next general meeting will be at 1:30 p.m. on Thursday, October 15, 2009, at theHarrison County Jail in the Sheriffs Conference Room.

Minutes submitted by: Paula Chisholm

5

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 6

Supervisor WILLIAM W. MARTIN moved adoption of the following:

ORDER APPROVING AMENDED STATEMENT OF WORKFROM PCSS FOR THE JUSTICE COURT COLLECTIONSREPORT, AND AUTHORIZING BOARD PRESIDENT TOEXECUTE THE DOCUMENT. THE ORIGINALDOCUMENT WAS APPROVED ON SEPT 8, 2009, IN THEAMOUNT OF $5,175.00; THE AMENDED STATEMENTINCLUDES AN INCREASE OF $517.50 WHICH IS THEEXPEDITED FEE, NOT INCLUDED ON THE ORIGINALDOCUMENT, WITH THE TOTAL AMOUNT NOW BEING$5,692.50

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE amended Statement of Work from

PCSS for the Justice Court Collections Report, and HEREBY AUTHORIZES the Board

President to execute the document which follows this Order as Exhibit A. The original

document was approved on September 8,2009, in the amount of$5,175.00; the amended

statement includes an increase of $517.50 which is the expedited fee, not included on the original

document, with the total amount now being $5,692.50.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONl'JIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

The motion having received the affirmative vote from the m~ority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

Harrison County

~--~-- rL:I:I• a divisj~CSDC Systems

Professional Computer Software Services, Inc.

Statement of WorkSubject Of SOW Scope

Version 0.010/6/2009

pess Inc.909 Wesley Court

Boiling Springs, SC 29316Tel. +800~476-6053Fax. +866-583~7724

Web www.pcssinc.com

Harrison County

Statement of workDescription

The purpose of this document is to outline the additional products and services as requested byHarrison County.

This document forms the basis for obtaining approval of the requested products and services, andwhen approved will be passed on for implementation.

This document is intended for several audiences at PCSS and Harrison County:Project Managers - for Signatures and Approval of the Requests outlined.Project Members (Stake Holders) - To become familiar with the Requests.Designers/Developers - To Produce necessary Design Documents, Develop, and Implement theSolution(s) necessary to deliver the Requests to Harrison County.

Scope

Harrison Collections Report

SCRIPT NEEDED

SCRIPTHarrison Justice Court has cases that have a "TO PAY" action on them, which means they should besent to collections. But they have in state and out of state collection fees. So we need to find any 'TOPAY' actions and determine if they are an out of state case party and change the action code only(Do not change action description).

1.code 'TO PAY'.

Find any UNCOMPLETED case party action with the

2.(there are multiple court agencies).

Only run this on the court agency:::'JC1' or 'JC2'

3.if the state is out of the state of MS.

Look up the address 10 in case party and determine

If out of the state of MS, change 'TO PAY' action to'TOPAYOUT' (field CTMSA). Do not change the action description.

Do this for finalized and non-finalized cases.

4.

5.

REPORT NEEDED

COLLECTION REPORTHarrison needs a new report to send to their collections agency. It will be using Fail to Comply andadding actions to cases. Then they will use this report to pull the cases with this new added action.

The report will have the following columns of data

Filed DateTypeSub TypeStatusCharge Disposition/ConvictionCharge Disposition DateDocket & Page # I Case #Charge Offense Description

10/6/2009 Statement of Work Page 2 Initials__

Harrison County

Total DueDefendant NameDefendant AddressDOBSexRaceSSNDL#DL StateDL License TypeMost Recent Action

The report prompt needs to look like the Open Actions report prompt. Everything on the OpenActions prompt is needed except the Case Types button (this button will need to be removed).

Change management process

It is the responsibility of Harrison County to conduct testing of the items delivered and to informPCSS of any issues as quickly as possible to maintain the agreed upon project schedule. HarrisonCounty is required to immediately report any issues during testing via the Incident ReportingGuidelines. PCSS will validate the list and will inform Harrison County of the steps to be taken tocorrect the issue(s). Any critical issues will be corrected prior to Implementation of each phase of theproject. Non-critical issues may be corrected after the project completion date. Critical issues aredefined as those functions necessary to complete the daily activities of the court. Critical issues mustbe reported no less than two-weeks prior to Go-Live to ensure resolution before project completion.A full signed off test cycle must be completed before Go-Live can commence. If already inProduction and the scope of work within this document is a modification to the current productionsystem, A full test cycle must be completed prior to promoting to production. This means that oncethe scope of work has been promoted to a production level environment that the scope has been fUllytested through all possible business scenarios in a test environment. Any issues reported afterproject completion will be addressed under the Software Support agreement if directly related to thescope of work within this document. No assumptions will be made and anything not specificallystated in the above Description and Scope will not be covered under this Statement of Work.

Statement of work completion criteria

This Statement of Work is considered complete upon Harrison County signoff following the deliveryof the project deliverables. Acceptance is defined as installed and major functional areas are workingas specified in the statement of work and critical issues have been resolved.

Professional services agreement

This Statement of Work constitutes a binding agreement between PCSS and Harrison County.PCSS shall deliver the software enhancements as described herein and the customer will meet thefinancial requirement(s) specified in the payment terms.

10/6/2009 Statement of Work Page 3 InitiaIs__

Harrison County

Harrison Collections Report

Ron Swank - Operations Manager [email protected] Nunes - Customer Relations Manager [email protected]

Estimated days until deliveryStandard 60 to 90 days to complete from receipt of signed SOW and initial paymentreceived

Review of approved SOW and developer resource assignment

Incident moved to appropriate project release schedule for development

In scheduled development queue

Development phase (initial development)

Initial developer testing completed and ready to move to unit test environment

Assigned support rep initial testing in unit test environment

Assigned support rep initial testing in system test environment

Incident moved to production environr:nent and awaiting new release

Total estimated days to delivery

Schedule of rates

5-7 days

7-14 days

10-20 days

5·20 days

3-5 days

3-5 days

3-5 days

10-15 days

60-90 days

Service Hours/Cost

Development Analysis/Design:12 hrs

• Script 12 hrs• ReportDevelopment & Beta Testing I 2 hrsQA Testing/Documentation 4 hrs

Total Service Cost I $ 4,500.00

Expedite Fee (30-45 day delivery) Starts after payment received $517.50Annual Increase in Support Agreement based on Statement Of Work Change

I··Will be billed based on current annual support contract renewal date assuming $ 675.00Statement Of Work project has been implementedGrand total Including Service and Support $ 5,692.50Standard Estimated Delivery date (Within 60-90 days once confirmation thatSOW has been accepted and Invoice submitted for Payment)

!·Pricing does not include any expenses associated with On-Site Visits for Implementation (ifneeded)

10/6/2009 Statement of Work Page 4 Initials__

Payment terms

50% due when Statement of Work signed

30% due on Delivery of Customizations

Remaining 20% when put into production

$ 2,587.50$ 2,025.00$1,080.00

Harrison County

Acceptance and authorizationEach Page of this Statement Of Work must be initialed by Harrison County Project Manager as wellas by a PCSS Inc. Project Manager for the proposal and contract to be considered valid. Eachinitialed page represents that the party understands and accepts the terms outlined on that particularpage.

The final signature of each party represents the acknowledgement that this is a contractualagreement for which each party will be held liable. The contract and initials are required to implementthe scope of work as outlined in this document.

Estimated completion time will be provided once signatures of approval have been received.This agreement, if not signed by 9/18/2009 will no longer be valid.

The terms and conditions of the Professional Services Agreement apply in full to the services andproducts provided under this Statement of Work.

IN WITNESS WHEREOF, the parties hereto each acting with proper authority have executed thisStatement of Work.

AuthorIzed Customer Representative

Full name

ime

Signature

Date

Authorized PCSS RepresentatIve

Full name

Ime

Signature

Date

10/6/2009 Statement of Work PageS Initials__

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 7

Supervisor KIM B. SAVANT moved adoption ofthe following:

ORDER APPROVING THE PURCHASE OF ANNUALRENEWAL OF TRENDMICRO ANTI-VIRUS SOFTWAREFROM METRIX SOLUTIONS AT THE COST OF $4,950.75,PAYABLE FROM 001-152-544

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY.

MISSISSIPPI, that the Board does HEREBY APPROVE the purchase of annual renewal of

TrendMicro anti-virus software from Metrix Solutions at the cost of $4,950.75, payable from

001-152-544.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN HI voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKeO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, lVIISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 8

At 10:00 A.M. Richard Herrin, Code Administrator, appeared before the Board and

presented pictures taken on Friday, October 9,2009 of the swimming pool located at 26416

Beach Boulevard, showing that the pool was clean and ftmced in, but had standing water. Due to

the concern of mosquitoes breeding in standing water, Supervisor WILLIAM W. MARTIN

moved adoption of the following:

ORDER REQUESTING THE CODE ADMINISTRATIONTO NOTIFY GLORIA ROMAN AND DAVID DAVIS,OWNERS OF THE SWIMMING POOL LOCATED AT26416 BEACH BOULEVARD, PASS CHRISTIAN, MS,PARCEL NO. 0213J-02-016.000, THAT THEY NEED TOCHLORINATE THE SWIMMING POOL BY NO LATERTHAN OCTOBER 20,2009, AFTER WHICH DATE, ANDFOR A PERIOD OF THREE MONTHS, THE HARRISONCOUNTY MOSQUITO CONTROL DEPARTMENT WILLTREAT THE POOL FOR MOSQUITO CONTROL WITHTHE COST THEREOF TO BE ASSESSED AS A LIENAGAINST SAID PROPERTY

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY REQUEST the Code Administration to notify

Gloria Roman and David Davis, owners of the swimming pool located at 26416 Beach

Boulevard, Pass Christian, MS, Parcel No. 02131-02-016.000, that they need to chlorinate the

swimming pool by no later than October 20,2009, after which date, and for a period of three

months, the Harrison County Mosquito Control Department will treat the pool for mosquito

control with the cost thereof to be assessed as a lien against said property.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 9

Supervisor KIM B. SAVANT moved adoption of the following: .

ORDER CONCURRING WITH THE COUNTYADMINISTRATOR ON EMPLOYMENT, AS LISTED ANDON FILE WITH THE PAYROLL CLERK ANDPERSONNEL DEPARTMENT

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY CONCUR with the County Administrator on

employment, as listed and on file with the Payroll Clerk and Personnel Department.

Tanya Goolsby, Human Services, full-time Eligibility Worker, effective 10/12/09.

(Replacing Lois Staton)

Sherrie DeMello, Human Services, full-time Eligibility Worker, effective 10/5/09.

(Replacing Rebekah Goolsby)

William Parker, D.A.'s Otlice, full-time Assistant District Attorney, effective 10/1/09.

(Replacing Jonathan Kirk Clark in County supplement)

Alison Baker, D.A.'s Office, full-time Assistant District Attorney, effective 10/12/09.

(Replacing Robert Fant Walker)

Brandon Necaise, Fire Services, temporary part-time firefighter, effective 10/5/09.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

The motion having received the affinnative vote trom the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 10

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER TABLING EMPLOYMENT CHANGES, AS LISTEDAND ON FILE WITH THE PAYROLL CLERK ANDPERSONNEL DEPARTMENT

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY TABLE employment changes, as listed and on file

with the Payroll Clerk and Personnel Department:

Janet Meaut, status change from Director of Senior Resources at Woolmarket Senior

Center to Board of Supervisors Administrative Assistant, salary change, effective 10/1/09.

(Replacing Liz Tiblier who transferred to the Road Department)

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN 1lI voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 11

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING ON THE MINUTES ELIMINATIONOF POSITION FOR THE HARRISON COUNTY SHERIFF'SDEPARTMENT, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES elimination of

position for the Harrison County Sheriffs Department, as listed:

Robert Parker, Grant Coordinator, effective 10/1109.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 12

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING ON THE MINUTES RESIGNATIONSFOR HARRISON COUNTY SHERIFF'S DEPARTMENT, ASLISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES resignations for

Harrison County Sheritl~s Department, as listed:

Edward Samuels, Corrections Officer, effective 10/12/09.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the aftinnative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 13

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING ON THE MINUTES EMPLOYMENTFOR HARRISON COUNTY SHERIFF'S DEPARTMENT. ASLISTED AND ON FILE WITH THE PAYROLL CLERKAND PERSONNEL DEPARTMENT

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES employment for

Harrison County Sheriffs Department. as listed and on file with the Payroll Clerk and Personnel

Department:

Richard Simmons, Corrections Officer, full time, effective 10/3/09.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor COJ\JNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote trom the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 14

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING ON THE MINUTES EMPLOYMENTCHANGES FOR HARRISON COUNTY SHERIFF'SDEPARTMENT, AS LISTED AND ON FILE WITH THEPAYROLL CLERK AND PERSONNEL DEPARTMENT

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES employment

changes for Harrison County Sheriffs Department, as listed and on file with the Payroll Clerk

and Personnel Department:

Tiffany Smith, Corrections Officer, FTO pay increase, effective 10/1/09.

Brad Lacy, Corrections Oflicer, training completion pay increase, effective 10/1/09.

Louis Hopper, Bailiff: longevity pay increase, effective 10/1/09.

Ralph McKay, Transport Officer, longevity pay increase, effective 10/1/09.

David Dulong, Patrolman, longevity pay increase, effective 10/1/09.

Casey Favre, Investigator, longevity pay increase, effective 10/1/09.

Ralph Jenkins, Patrolman, longevity pay increase, effective 10/1/09.

Phillip Marr, Lieutenant, longevity pay increase, effective 10/1/09.

John Massengill, Sergeant, longevity pay increase, effective 10/1/09.

Anthony Piazza, Investigator, longevity pay increase, effective 10/1/09.

Lowell Childers, Corrections Officer, longevity pay increase, effective 10/1/09.

Beth Desper, Corrections Officer, longevity pay increase, effective 10/1/09.

John Dodd, Corrections Officer, longevity pay increase, em~ctive 10/1/09.

Alicia Dyess, Corrections Officer, longevity pay increase, effective 10/1/09.

Belinda Fazzio, Corrections Specialist, longevity pay increase, effective 10/1/09.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

Kassie Gentry, Corrections Officer, longevity pay increase, effective 10/1/09.

Erwin Gilliam, Case Manager, longevity pay increase, effective 10/1/09.

Mary Knebel, Corrections Officer, longevity pay increase, effective 10/1/09.

Elaine Lege, Captain, longevity pay increase, effective 10/1/09.

Sonia McDaniel, Sergeant, longevity pay increase, effective 10/1/09.

Patricia Pickens, Corrections Officer, longevity pay increase, effective 10/1/09.

Michael Redmon, Sergeant, longevity pay increase, effective 10/1/09.

Gloria Smith, Corrections Onker, longevity pay increase, effective 10/1/09.

Katrina Smith, Corrections Specialist, longevity pay increase, effective 10/1/09.

Raymond Williams, Corrections Officer, longevity pay increase, effective 10/1/09.

Walter Eighmey, School Resource Officer, longevity pay increase, effective 10/1/09.

Henry Hughes, School Resource Officer, longevity pay increase, effective 10/1/09.

Glenn Roe, Patrolman, longevity pay increase, effective 10/1/09.

Michael Smith, Corrections Officer, transfer from account 125-286-402 to account

001-211-432, no change in salary, effective 10/1/09.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

The motion having received the affinnative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 15

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING PAYMENT FROM THE HARRISONCOUNTY TORT ACCOUNT TO ASSOCIATEDADJUSTERS FOR SERVICES RENDERED, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE payment from the Harrison County Tort

Account to Associated Adjusters for services rendered, as listed:

$618.98 on claim of Zeta McBroom

$542.16 on claim of Roderick Miller

$684.95 on claim of Jermaine Winters

$987.79 on claim of John Vanderburg

$628.45 on claim of Ca Trinh

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, NlISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 16

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER ACCEPTING THE LOW BID OFWHITE-SPUNNER CONSTRUCTION IN THE TOTALAMOUNT OF $11,971,747.00 FOR BASE BID PLUSALTERNATES 1 AND 2 FOR THE HARRISON COUNTY361 SHELTERS FOR SITES 1, 2 AND 3, ASRECOMMENDED BY ELEY GUILD HARDYARCHITECTS, PA

WHEREAS, the Board of Supervisors does hereby find as follows:

1, That this Board, at a meeting heretofore held on the 3rd day of August, 2009,

adopted an Order authorizing and directing the Clerk of the Board to cause publication to be

made of Advertisement to Bid for the construction of Harrison County Evacuation Shelters

located on three sites throughout Harrison County, Mississippi

2. That as directed in the aforesaid Order, said notice for bids was published in The

Sun Herald, a newspaper published and having a general circulation in Harrison County,

Mississippi for more than one year next immediately preceding the date of said Order directing

publication of said notice, and that the Publisher's Affidavit of Proof of Publication has been

filed with the Clerk of this Board, by said Clerk exhibited to the Board, and shows that said

notice was published on August 20 and 27, 2009.

3. That publication of said notice has been made once each week for two consecutive

weeks, the last of which was at least seven working days prior to September 17, 2009, which by

addendum was changed to September 24,2009, the day fixed for receiving said bids in the legal

notice identified in paragraph one thereof, said Proofof Publication following this Order as

Exhibit A.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

4, That on October 5,2009, an Order was entered designating the Board's

representatives to receive bids on September 24,2009 on behalf of the Board.

5. That bids were received at the time and place and in the manner provided in said

Advertisement to Bid, at which time said bids were opened, read aloud, and have remained on

file with the Clerk of the Board. The bids received follow this Order as Exhibit B-1 through

Exhibit B-14.

6. The Board does hereby find, upon the recommendation of Eley Guild Hardy

Architects, P.A., that the bid of White-Spunner Construction, in the total amount of ELEVEN

MILLION NINE HU1\l"DRED SEVENTY-ONE THOUSAND SEVEN HUNDRED FORTY-

SEVEN AND 001100 Dollars ($11,971,747.00), in the lowest bid meeting specifications and,

therefore, the best received for base bid plus alternates one and two for the Harrison County 361

Shelters for Sites 1,2 and 3, and that said bid is reasonable and fair and should be accepted. It is

therefore,

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI that the bid ofWhite-Spunner Construction, in the total amount of ELEVEN

MILLION NINE HUNDRED SEVENTY-ONE THOUSAND SEVEN HUNDRED FORTY-

SEVEN AND 00/100 Dollars ($11,971,747.00), be and the same is HEREBY ACCEPTED for

base bid plus alternates one and two for the Harrison County 361 Shelters for Sites 1,2 and 3.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order. whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted·

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

Before me, the undersigned }Jpt~ry of Harrison County,

Mississippi personally appeared liYllSf[,{ l..a.Lwwho, being by me first duly sworn, did depose and say that she is aclerk of The Sun Herald I a newspaper published in the city

GUlfport ,in Harrison County, Mississippi, and the publication

of the notice, a coPy of which is hereto attached, has been made

in said paper _~_ times in the following numbers and on the

following dates of such paper, viz:

STATE OF MISSISSIPPICOUNTY OF HARRISON

Clerk

Vol. (d--,5 No.,~ dated do day 0 Sf-- ,20~

Vol. 1d-,5 No.,3;;Lc) dated :)., ~f-: 20 0C7--- , -~

Vol. No., ___ dated day of ,20~_

Vol. No., __ dated day of ,2O__

Vol. No., __ dated __ day of ,2O__

Vol. No., __ dated day of ,2O__

Vol. No., __ dated __ day of ,20__

Affiant further states on oath that said newspaper has beenestablished and pUblished continuously in said country for a periodof more than twelve months next prior to the first publication of said

notice.

_~::scribe~Ab~~;Om:s ~_d~--:.7__day of

'-~?illL~f~:~':iPj~r-=::-:-,="=",,,~~~..-..nter's Fee $ ~

$--~---rnishing proof of publication .L.::::;;==:::::!:::::!=:::t===J

TOTAL .

PROOF OF PUBLICATION

BID TABULATIONProject: Kani-son Cou nty Evac1J ation Shell-ers

Harrison County, Missi'SsippoiArchitect: Eley Guild Hardy Arc hiteen PA

1D91 Tommy Munro Dr.Bilox I, Missi-ss ippi

Owner: Hamson Co unty Board of Su pervisQ~ .Harrison CGUl'Ity, Mississippl

Bid Date: Th ""day, September 14, 10D9 at 1: 00 PM

Project No. D3·DB7A,B,C

ADD ADD DEDUCT DEDUCTLINE ITEM #2 UNE ITEM #3 RECEIPT

BID FORMCOR BID BASE BiD LUMP SUM ALTERNATE #1 ALTERNATE #3 ALTE RNATE #4 LINE ITEM #1 SUPPLEMENTS

BIDDERNUMBER BOND PRICE Food Seorice

ALTERNATE #2Waler W.U S. uc ier W.le rWell County Lobouy Ro.d Sit. Saucier Lizana County Farm OF ADON. lr.tJI\oRoIl8idmt Co:ntraaOl: .No!\- NOTES

EquipmenlAccess OrNe

Li"na Rd. Farm Rd. Ro.d Sit. Ro.d Site 1,2,3,4,5 CoIkJnol1 ,l..ffid;Mt; Debarment

'''''''I

• Coleman Hammons

D'5IB'l- )( I 3 WJJ.1fJJ{[J 'J.3Jp D{j),ftJ 3f,ftD.Cii -LfiJ rtf) ,tf) lis"3 ,(J1)~,', -.;, ,'..rF(fJ

I~'l-It. (J)3q i.J;,SS8..ct: f.Construction 'f' ~'f 'A.J]JJ- K K

(- /2, 4?i>cm Z45.rtl>· 1Lt-Dt1J.DO LfjD, tffi.ciJ LfID,MO·C1::: 44-1 t, rdl. ~'X 1-ComAdd, Joint Ve ntuTe I~ ,~ LfLj.l~, W;,

I

XD,N.P" Inc. 'K 114 '35:; rtY'. jllPSteD )10 1RD.oD 'SJ.tl, H1) C/)Ir;-.Jo. ty-j'-).C6 41~CtD 4 Y:'t:hNn. 4, 1?3!?td KDan Hensarl ing, Inc, \\ti$'~ 'K 1~.N1J (")tf) :gLf.DDD,oO IS". flDl).oD 5~1}, tm. iJ6 It;Jro, tiD tb 4d'll II 'I , rr:fl. L+L.fm. fIh. X X ,

; r..I

i. XI\~ .J.ld"l.()-:J) dI/f!.8trl. O{J ltoi?tn,m 511 Sev rJ) 1511 r,.,w,W F;14.DDD, '-1- . ~ Itrl-rYTI.FI a9sta r Con structi on Co, .l'"1"

4f04W.Q'; .Q:I

X XlV\,l)

Fountain Constructi on Co. X !Z,X'mo(Y)() :JIJ).~.OD \Cj lOb. cD iLfKtt-l ro 1--/, Lr" Lf5~tID.Cf; Llit+OtS> IQe.ht:J~ l'l1evcl ' .

jC 411 t-N-l [J) 41,R /1f-,7)/ I

GM&R 2,11\ rrn I ~c:: ~nr\oO I'\". R1:D,DO LnLf loco ,06 4.'Zrf'1 r-rJJ Ht-fW~ iC '{

~ I~;~~~~~(,001,391·00 ~3>O·OO -IO]3I. CO 10 ,-13'1.00 - I'fS,I4D.CX (It,.~, ?-34- -' [ l. ~J";d

f YJ .C. Duk~ & Associates ;2.[ D In-<; 00 ,;l.:J.,CI'?3,OO 5 4-G. bK;f-. ') Lflp, t15 ;) . t.l1i4.JM- .., IX I" ' I <"> J -t;&;l-;

arry J. Sumerall Ix \351~5DDetl i 2101 t:ff-,cJ.) IR,Sm cO 415 t-,mUO 415 tm,ct L-fC;101 rfl:14 t:;" (01. tll5b K )(Contractors, Inc. LtlNW"1Ji

LaSall~ Group

Rod Cooke Construction X l-;;;'{,.,b ~)l...,?lO;OO"D.

i 1<;" .I"\H--. oD c; 3<-+ l'f-j). 5"5'1 tID.CO 4-2.k Cf ,f\fl) LfL.fI()/o}S LflfBDJ15 f-- Kt?;}(J

IC) I;:}, !'IN) ,C£J ,

X-' Roy Anderson Corp, I- 1~4-:::1R ,1Y'i\ !J. c:'1 ty-..,h 111 1~N100 Ie; DC! (lnf"). 43lf-3,rN L{(..Vf,J. r-fi 1.f5~3.ttt 'f.v

'f- 150/CCO,o.

118 f'rh. OO IC;~f) .~ N le?,(i rrf), cO I?,7, to r:rr-: IS1D rrJ) I. ")<1IrrJ.J X «- Starks Cont racli ng Co. i /1., ,ra) rrnil i ':J7<:; ,--rl\ .p-hrash Commercial

, I './

/ Contracto rs x: \~q5Dtyj) :n~,trh. ?:,! f"th.Cl:> 415, l'lh.lCJ 4-15, tf1),oO Lf(PSO ITi~40SD ~ILU"D,1'Jj X X1- l :1P DJ; 1C:tfJ 1- ClS"tiXO . ~J3CO·Q) S-O,c:a.>bO - 40j Wu,CV i-f1../-"'4>ccoILfIf~v;tcD ILfCf(,~D1> '( XTrademark ilS, ISfn .hrl"l ,cD IC; !-:c:f) . ro C:;r-:n rHl.OC C:;/Y) JYY1Ci

W.G. Yates & Sons

/.' ,

410 CCO CLConstruction CO. \4SRStJ)D ;)?f),a::D. H·H-tJ -<:O-.....""b... 4RJ. [SlJ-; LfR4s.% tfln833 l;z '/Wh ite·Spunner Con slructi 0~ r- llllql4-l ;1 ~")etO . II .l--rh,oD 515 IJN"\ d SI1trD '"'~. LfOlll '~ .-<:~'-m7'tl X "/...,X II 1-""

j I ;

L/

t/

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if

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CERTIFIED TO BE A TRUE AND ACCURATE TABULATION OF ALL

·00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): White-spunner Construction, Inc.

Address: 2010 W 1~65 Service Road South

City, State, Zip:Mobile, Alabama 36693

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

e,\eveY\ Y":~l \: o{\ ':. ev&v\ '" ~.,.e,(, k1 ~ '" eAeeY' ±ho~~IvV\.A

ALTERNATE #1 :

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

).

______,.------.,....-.,....-----DOLLARS ($ z. 1. C;, 0 t) 0 • <=>.,. ).

08-087 00410r-1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

>~v"'" ieeY\. ~Q\A>D. y\J.

~~~~~ DOLLARS($\-'\OO~. 00 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Surilbf: .

~~ ~~~~~~ ~DOLLARS($ "7''',000.0'1:) ),

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

_________________DOLLARS ($ C; \'7. 1 0'0<;:) • Q 0 ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

~\fee 'fV\'t \ \: '¥\ e-: '\"'J: h ..... "I\.L v-c::,}.. tl.=.o=\J\~\=",,",,~A.~ ______________----'- DOLLARS($ ?;'1000iOOO.oo ).

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

~'"l' """'d' ~Qt\

_________________DOLLARS ($ Lit 000, OoQ,Oa ).

08-087 00410r-2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

o(v\\ \h a'll,

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s}, the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for its .retention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liqUidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

. $500 per calendar day

08-087 00410r ~ 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._1_ dated 8/28/2009

Addendum No.-.1... dated 9/15/2009

Addendum NO.2 dated 9/16/2009

Addendum No.~ dated 9/22/2009

Addendum No._ dated _

Addendum No._ dated _

Addendum No.---.!.. dated 9/21/2009

BID FORM SUPPLEMENTS

Addendum No. dated _

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

~~~~:rnnirineier~c50Drlnstruction, Inc.

By (Seal - If Bid is by Corporation)

Name and Title: Mike Fitzgerald- President

Business Address: 2010 W 1-65 Service Road South, Mobile, AL 36693

Certificate of Responsibility No.: _O=-7:....:0:..::9~1 _

08-087 0041 Or - 4 BID FORM

~WHITE-SPUNNER----- CONSTRUCTION. INC

TO: Harrison Co Board of Supervisors

FROM: White-Spunner Construction, Inc.

DATE: September 24,2009

RE: Harrison County Evacuation Shelter

Let this letter serve as authorization for /J?rI~ tSoL.6S

to make adjustments to the bid for White-Spunner Construction, Inc.

Mike FitzgeraldPresidentWhite-Spunner Construction, Inc.2010 West 1-65 Service Road SouthMobile, Alabama 36693Phone: 251.471.5189Fax: 251.445.0154email: [email protected]

2010 West 1-65 Service Rd. South. Mobile. AL 3fTEL: 251.471.5189 FAX: 251.47r

www.white-spun"

0041 Or - BID FORM

FOR: HARRiSON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24~ 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): Rod Cooke Construction~ Inc.

Address: 3496 Halls Mill Road

City, State, Zip: Mobile~ Alabama 36693

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

ALTERNATE #1:

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

1W~ HeYl ~'(gd SWQ4-"lkov Sl,\lI.olD 0 \ \ c..x $

~ DOLLARS ($ 210 ) 0 () 0 .00).

08-087 0041 Or - 1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

f1 fle ,Q,1/1 ]1) () \) SC. 1.1 cAb J Yl""""w=--s__-------_____________DOLLARS ($ r6 \ 00 Q. 00 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

b\/~ IhV1<\JY( e\ 11\""'I-\-1 rfJVV 1\,1D~ $C,JAc\ '\j 0 it '-H)

_____________DOLLARS($ 53 Ll, 000.00 ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

Bill ~tIYlAYu\ ~l}1\{i'~.'IJSGlLl_A baDl;)y\______________DOLLARS ($ 53q , () 00 "() J ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

fo'N \Il1illl 011(11/1ve~ U\1 "\dAlY OJ! Sn4-111111..<-Th ~ VS'-'kItI_________~ DOLLARS($ L.I)3lPQ) DOG -00).

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

f=oVY VU' q\ OYl ~\f{ ~ VJ0 rVyeA 1011 1''60 ust,hc1U ~ \ ~ .<':J \'& ~ IvYlI'v'f ( ~ \ \d tlv ) :'-\ nY"-t_ DOLLARS ($ Y,Y,(} ,ifl2 ii· D Q ).

08-087 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

,\,. ;J\JV ~\JV1 t'l

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfromlhebid closingdcite.- _.- - - ----

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto proVide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted 'within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutL!ally satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted. we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date fallls beyond the above date based on days, we willpay to the Owner the following amOUriJt as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project wntil the actual date of Substantial Completion ofthe Project.

§500 per calendar day

08-087 0041 Or - 3 BID FORM

Bidder's N

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No. 1 dated 8/28/09 Addendum No.~ dated 9/22/09-

Addendum No.~ dated 9/15/09 Addendum No. dated-Addendum No. 3 dated 9/16/09 Addendum No. dated- -Addendum No.~ dated 9/21/09 Addendum No. dated-

BID FORM SUPPLEMENTS

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attaGh a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

e Rod Cooke Constructioll7 Inc.

BY_~---lf--"";~=--==:"""":'--'-'--'-""=~"""",""~~ (Seal - If Bid is by Corporation)(Signature)

Name and Title: _R_o_d_C_o_o_k_e_7 _P_r_e_s_i_d_e_n_t~__~ _

Business Address: 3496 Halls Mill Road 7 Mobile 7 Alabama 36693

Certificate of Responsibility No.: 0972l-MC

08-087 00410r- 4 BID FORM

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATiON SHELTERS

IQ:. HARRISON COUNTY BOARD OF S\lPERVlSORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24,2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder',):_R_o_Y_A_n_de_r_so~n_c_o_rp _

PO Box 2Address: -_-- _

OFFER

City, State, Zip: Gulfport, MS 39502

Having examined the site of the proposed work, the availability of materials and labor,and alt matters referred to in the Instrwctions to Bidders and the Contract Documentsprepared by Eley GUild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor. materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

/~ fYlj}/iCN~~~I J. _ ~ ,){)OJ

~+-~ r .. /lOt> DOLLARS ($ 13" 42.?>, 000.. ~~

ALTERNATE #1:

00410r-1

EXHIBIT13-.:3

BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate qnd related work be accepted. as described inD=tr1 SectIon ·A~ernales", add IQ the Base BId the Sum of:

0even.ie.VL J-houSAnd S; ( bdB.ed

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Liaana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

E[vt h.LAf\.dt<.e.d ~&u.<Art.d ~'b ()II DO - DOLLARS ($ 509, 00o. o)~

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

6'>1e.. h.uftd Rwe.cl,~e Ive.. fuUSA-I'Ld-! 0

11

' 1'DO DOLLARS ($ 5/1, 000.o~,

BID LINE ITEMS:

Note: The following line items are for infonnation only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

Faun.fV\~~~ btYI-h--a

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

by.LIL m.i II,I:>U ";;;U/J-~ n;I"/(::Aj -/-WOdb.olL.Sf:tr)z/ t DO/, CD DOLLARS ($ ~ 7'9'2, DOQ·.f 0,

OB...()B7 0041 Or - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

PCM-b~~~.~~ ~f---~OfL &JSAYd V--OO/njO 06LLARS($l./,S93, 000. l)~

ACCEPTANCE

This offer shall be open to acceptanc~ and is irrevocable for sixty (50) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s}, the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undefSigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended, period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days. we willpay to the Owner the following amournt as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 OQ41 Or - 3 BID FORM

ADDENDA

The following Addenda have been recteived. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._1_ dated 08/28/09

Addendum No.3- dated 09/15/09

Addendum No.~ dated 09/16/09

Addendum No,':'- dated 09/21/09

BID FORM SUPPLEMENTS

Addendum No._5_ dated 09/22/09

Addendum No._ dated _

Addendum No._ dated _

Addendum No._ dated _

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposal'will cause the bid to be considered ndn-responsive.

Non-Resident Contractor. att~ch a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

08-087

Bidder's Name: Roy Anderson Corp

By #~I\~s::, (Signature)

Name and Title: Roy Anderson, III, President & CEO

Business Address: POBox 2, GUlfport. MS 39502

Certificate of Responsibility No.: ooaOO-MC

00410r - 4

"A Mississippi Corporation"

(Seal-If Bid is by Corporation)

BID FORM

til STARKS CONTRACTING CO., INC1538 POPPS FERRY RD/PO BOX 7149, BILOXI, MISSISSIPPI 39540-7149PHONE (228) 392-4584 FAX (228) 392-4565

September 24, 2009

Harrison County Board of SupervisorsFirst Judicial Courthouse1801 23rd Ave.Gulfport, MS 39501-2694

Re: Harrison County Evacuation SheltersHarrison County, MS

BASE BID:

ALTERNATE NO.1:

ALTERNATE NO.2:

ALTERNATE NO.3:

ALTERNATE NO.4:

LINE ITEM NO.1:

LINE ITEM NO.2:

LINE ITEM NO.3:

Starks Contracting Co., Inc.

~.~-~Robert M. StarksVice President

EXHIBIT8-:f

N;IPROPOSALlAddDeduclSheet.ladddeducl HarCoEvacShalters.wpd

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: SEPTEMBER 24, 2009

SUBMITTED BY:STARKS CONTRACTING COMPANY, INC,

Bidder's Full Name (hereinafter called "Bidder"): _

Address: P_._O_,_B_O_X_7_1_4_9 _

OFFER

City, State, Zip: BILOXI,MS 39540-7101

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter intp a Contract to furnish afllabor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

rhit' It!~n m,'I!;t;>". /!t'l- J -~o,~____________----no-lLARS ($13, oC>o, ~oo. ).

ALlERNATE #1 :

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

TWO HUNDRED SEVENTY-FIVE THOUSAND, AND 00/100--------------

---------------------------------- 275,000.00----________________DOLLARS ($ ).

08-087 00410r - 1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

EIGHTEEN THOUSAND, AND 00/100-------------------------------

---------------------------------- 18,000.00----_______________DOLLARS ($ ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

FIVE HUNDRED THIRTY THOUSAND, AND 00/100-------------------

---------------------------------- 530,000.00---_______________DOLLARS ($ ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

FIVE HUNDRED THIRTY THOUSAND, AND 00/100-------------------

---------------------------------- 530,000.00---_______________DOLLARS ($ ).

*******************************************************~*********************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

ONE MILLION, THREE HUNDRED THIRTY-SIX THOUSAND, AND 00/100--

---------------------------------~~-- 1,336,000.00-______________DOLLARS ($ ).

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

ONE MILLION, THREE HUNDRED SEVENTY THOUSAND, AND 00/100----

-------------------------------~~ 1,370,000.00--_______________DOLLARS ($ ).

08-087 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

ONE MILLION, THREE HUNDRED NINETY-SEVEN THOUSAND, AND 00/100-

~~~~~-------------------~~-~--~-- 1,397,000.00--_________----_DOLLARS ($ ).

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

!§OO per calendar day

08-087 0041 Or ~ 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No.~ dated 08/28/09

Addendum No._3_ dated 09/16/09

Addendum No.~ dated 09/22/09

Addendum No._ dated _

BID FORM SUPPLEMENTS

Addendum No.~dated 09/15/09

Addendum No.~ dated 09/21/09

Addendum No. dated _

Addendum No._ dated, _

VICE PRESIDENT

COMPANY, INC.

(Seal- If Bid is by Corporation)

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

Bidder's Name: STARKS CONTRACTINGc-t-;;--: --~_u_.

BY~~<J(Signature)

N d T'tl ROBERT M. STARKS,ame an I e: _

Business Address: P. O. BOX 7149, BILOXI, MS 39540-7101

01068Certificate of Responsibility No.: ~_

INCORPORATED IN THE STATE OF MISSISSIPPI.

08-087 00410r - 4 BID FORM

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

City, State, Zip: f1

______---.,;;,.o..!..\""'=If\.=tA=fJ:.:.n~,t___&.lM.l..IIos-----::.£....39o4 2-

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

~~~~~M~

_---eJ:..j.-_t-.----,.;>L.L0""'--=-.~.4'-~_'-::.::.:::::=======__DOLLARS ($ 1.$ 2S2? Ci(/V).

ALTERNATE #1: !l-jJ;;/

~4~: DOLLARS ($ el7:>''' DL/!:/ ).7 /

08-087 00410r - 1

EXHIBIT(2 -s- BID FORM

ALTERNATE #2: ItOf)

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

z:t;t ~4-f' ~~ rf ---:6-..---_______________,DOLLARS($ (ill ?'vV' ).

ALTERNATE #3 (DEDUCT):

ALTERNATE #4 (DEDUCT):

~/ .r,/rt d,cV" DOLLARS ($ tf 7 \; 1/'-' v ).

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

7i7tvL~~/~ d~

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL, COST -~"

~~. Ad·~J/#~~A ,I: t?- DOLLARS ($ 0/, ltfJ!l;Cl/v ).

rf <~h~- DOLLARS ($ J; 6_'5 C; vvv ).

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

.:L LA --// LL/ ../~/~ ~-' "/c~~ul~'~~

08-087 00410r - 2 BID FORM

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay 'to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r - 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._1dated~ Addendum No.~dated~

Addendum No. l dated~ Addendum No._ dated _

Addendum No. J dated~ Addendum No._ dated _

Addendum No.!Ldated~ Addendum No._ dated. _

BID FORM SUPPLEMENTS

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non~responsive.

Non~Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 ~ Debarment Form

BID FORM SIGNATURE

Bidder's Name:

. -,"A/f.-#r~ I,/~By__--=--;'_y UM...=.:... -:- (Seal- If Bid is by Corporation)

(Signature)

Name and Title:~ }/\~W~ \t'l\tv\S I S(.cV'"~~

Business Address: al\\ C'tnWlerc.t,. Pr~v.(.,Jg'C6...J.o'(\. tf\SJ'iOtlz...

Certificate of Responsibility No.: ----L.\O=.....Ll.....\ 1 _

08·087 00410r - 4 BID FORM

Harrison County Evacuation Centers

September 24/ 2009

(@) 'lS, 000.00

Base Bid

Alternate 1

ADD (~~:~~~lJ J~OZ ;6'20. (j;)

QIQUCT _

@!9 3,300.0Q

~ 60,000.00

~---.!±D)ceo .. OQADD _

ADD _

ADD _Alternate 3

ITEM 1 +J~~~u,.l..l"A.LO..r.u7Cplace amount on bid form with this amount)

Alternate 4

Alternate 2

EXHIBITJ3-t::,

004l0r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: 9/24/09P i

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"):TRADEMARK CONSTRUCTION, INC.

Address: 1 764 INDUSTRIAL PARK DRIVE

City, State, lip: MOBILE, ALABAMA 36693

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

FIFTEEN MILLION AND NO/lOa

_______________DOLLARS ($1 5,000, 000.00).

ALTERNATE #1:

Should the "Food Service Equipmenf' alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

ONE HUNDRED EIGHTY THOUSAND AND NO/lOa

_______________DOLLARS ($ 180, aao. aa ).

08-087 00410r-1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

FIFTEEN THOUSAND AND NO/100

________________DOLLARS($ 15,000.00 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

FIVE HUNDRED THOUSAND AND NO/100

________________D,OLLARS($ 500,000.00 ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

FIVE HUNDRED THOUSAND AND NO/100

_________------DOLLARS($ 500,000.00 ).

--***********************---*****--******************************--*************--****

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in the -rejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

FIVE MILLION AND NO/100

________________DOLLARS ($5,000,000. 00 ).

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

FIVE MILLION AND NO!100

_______________DOLLARS ($5, 000,000.00 ).

08-087 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

FIVE MILLION AND NO/100

________________DOLLARS ($ 5,000,000.00 ).

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r- 3 BID FORM

'-"'\ ,"

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._1_ dated 8/28/09 Addendum NO....5- dated 9/ 22 /09

Addendum No...£. dated 9/15/09 Addendum No.- dated

Addendum No....;L dated 9/16/09 Addendum No.- dated

Addendum No...L. dated 9/21/09 Addendum No.- dated

BID FORM SUPPLEMENTS

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

Bidder's Y';0: TRADEMARK C~UCTION. INC.',

By -:=tK~, ~o~ (Seal - If Bid is by Corporatiorr) ·~S ?'(Signatu ) "'J~/

Name and Title: THOMAS K STANLEY, S:R., PRESIDENT

Business Address: 1764 INDUSTRIAL PARK DRDlE, MOBILE, AL 36693

Certificate of Responsibility No,: 07247-MC

08-087 00410r-4 BID FORM

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: 09/24/09

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): w. G. Yates & Sons construction Company

Address: l_l_S_M_a_i_n_S_t_r_e_e_t _

OFFER

City, State, Zip:Biloxi, MS 39530

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

_fOwz"lTcE:N. MLl.-UON F"",v~ ~Rt::".o E:16ttn' Ave Tt/p~D

_____________DOLLARS ($ 1+,6Bt5,1000.'.:5.

ALTERNATE #1:

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of: .

=&0 HUNDRED E.l§HTY Tf-bu~NQ

_________________DOLLARS($ .2~O(DOC>. DO ).

EXHIBIT; 13-7

08-087 00410r - 1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

______________DOLLARS ($ 1".,000. 00 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

ft,v£ HwJD!F'e"O .s~V~NTY THousAND

______________DOLLARS ($ '110" 000. OQ ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

FIVE- H\AJ\loR£O ElC:\ttT rH-ol-\~~·h> F'~ HwJoREQ

______________DOLLARS($ 5'08,500. 00 ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do 50 may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

_fo\A@... tAl'-\.-loN E\6tTt ~lAND~1D T\NENry oNE: TtPtK:AND

'flVE. HlAl'-JQt4E'o seve:,.JIY '"TWo DOLLARS ($ 4, B2.I. '5/2,. DO).,

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

1Z> W2. M H....l.--l 0 N glG::l1±T lfuNO(2..f)? 'fi?12-ry F1\1t:: Tf-}.ov.l;Ai'J ID

_6\/£ rh~Nt*D N.IN~TY FIVE DOLLARS ($ Lf.t?j5'. S95" ).i I

08-087 0041 Or - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

fC.~B.. Mlu...\C,j NlrJe: ffwJD/?E() ~e:VENTEEN -rH-o\A~D

~\6H'\ r\Uk)Df€.(> 1HlR:rY 11+R.Ee DOLLARS ($ ~. CIa, 833 ).) I

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08·087 0041 Or . 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._ dated _

Addendum No._ dated _

Addendum No.~ dated 09/22/09Addendum No.~ dated 08/28/09

Addendum No.~ dated 09/15/09

Addendum No.2 dated 09/16/09

Addendum No.~ dated 09/21/09

BID FORM SUPPLEMENTS

Addendum No. dated _

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

,,'''''''''~Document 00450 - Non-Collusion Affidavit f,,"soNS C0tv.;'_

" 'b- ""'''"''-- u l:. "I:.

t"0> ,f'c,ORPo;--:..-?u~"" .J '{:.,.... V ~

Document 00451 - Debarment Form § ,'- 1.-\ .. :"'>'"\. I " tt'\'Ol!Cl\' S'-:-"i I~Ii3i 1 L,' 81

\. ... ~ , ~i~'"'!B~LPr.\~f"~~lZS'S, --.1,,/,.1 't-l

. ;'&,sIPPl "",""'''1111

----::o4~:::)~dC~~:::::::::~::=::::~- (Seal-If Bid is by Corporation)

Name and Title: Chester J. Nadolski, Sr. Vice President

Business Address: 115 Main Street, Biloxi, MS 39530

Certificate of Responsibility No.: 01824 - MC

State of Incorporation - Mississippi

08-087 0041 Or -4 BID FORM

00410r - BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): Coleman Hammons Construction Co., Inc.

Address:__5_1_8_1_0_l_d_B_r_a_n_d_o_n_R_d_.--------------

OFFER

City, State, Zip:Pearl, MS. 39208

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Docum entsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

~~,~?~ ~>~~-e/

______________DOLLARS ($L!J Ql62;)eato .J!.:f.--

ALTERNATE #1:

Should the "Food Service Equipment" alternate and related work be accepted. asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

~7Z~»~ h;>~/_______________DOLLARS ($ 23'J t2/20. EE- ).

08~087 0041 Or - 1 EXHIBIT-8'

BID FORM

ALlERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

_______________DOLLARS ($ 3t c22O. 29= ).

ALlERNAlE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and r elated work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

~.~4tr~%""---·~_______________DOLLARS ($ 'I5...z, cJOO. S2E- ).

;>

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

_______________DOLLARS ($ JfS--?, MQ . .EJ?- ).

*~***************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a bas is onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SrrE - TOTAL COST

/~~~~,,~>~ -J,:C ~~1" J_______________DOLLARS ($ ~ ?'£~ adO .~

ITEM #2: SAUCIER L1ZANA ROAD SITE - TOTAL COST

~~7~7~'~;_______________DOLLARS ($

~Lr~ ...~~ .y2~ 4'Q,~

08-087 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

~~7~"~7~o/LJ~~_______________DOLLARS ($ '7 C6'-~ d4d .gfl--

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid c10si ng date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not acc epted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended per iod of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar day s:

Four Hundred Twenty (420)

If the Substantial Com pletion date falls beyond the above date based on day s, we willpay to the Owner the following amount as liquidated dam ages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Com pletion ofthe Project.

$500 per carand ar day

08-087 00410r - 3 BID FORM

ADDENDA

The following Addenda have been received. T he modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No.--L. dated 08{28{09 Addendum No. S dated 'I J2.2/0 CJr I

Addendum No._ dated _

Addendum No._ dated _

Addendum NO.-2.... dated 09/15109

Addendum No.~ dated ,09/16/09

Addendum No.~ dated 09/21/09

BID FORM SUPPLEMENTS

Addendum No. dated _

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusi on Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

Bidder's Name: Coleman Hammons Construction Co., Inc.

B~4#'h,-----= (80al- If Bid is by Corporation)(lQflatu7e)

Name and Title: Coleman Hammons. President

Business Address: 5181 Old Brandon ad.. Pear]. MS _ 3920Q

Certificate of Responsibility No.: _..!oIO:..L5..,;18w.Z<.....- _

08-087 00410r - 4 BID FORM

00410r- BID FORM

FOR: HARRiSON COUNTY EVACUATION SHELTERS

TO: HARRiSON COUNTY BOARD OF SUPERVISORSGulfport, MississippI(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder'):_.....;C:;.;o::..:;mA==dd:::ll...::,J...:.-V _

Address: 196 Central Industrial Row

city, State, Zip:Purvis, MS 39475

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the InstnJctlonsto Bidders and the Contract Documentsprepared by Eley GuDd Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Corrtract to furnish all labor, materials andsupplies, to perform the Work. within the time set forth herein for the prices stated below:

BASE BID LUMP SUf,1 PRICE:

lli~nlAq~ M \~~~olu.~::r--

Jbuu..,±b&-u.Dcu...J DDlLARS ($ ':;' ~3Q) ~ ilJ».

ALTERNATE #1:

Should the "Food Service Equlpmenr altamate and related work. be accepted. asdescribed In Division 1 Section "Alternates", add to the Base Bid the Sum at

~\A.)D~\N'v>hRl:i\ l~. 'QI:..uJ:h~~!J. ) tJ , ~____________ OLLARS ($~ 5) Q~ {) ).

OB..o87 00410r-1 810 FORM

ALTERNATE #2:

Should the ~Aceess Drive" alternate and related work be accepted, as described inDivision 1 Section ~Altemates", add to the Base Bi the Sum of:

~____________DOLLARS ($ J Y) ODD ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Llzana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates". DEDUCT from the Base Biel the Sum of:

lli~ iJUcY\dJud):+t--r-> ":t:1QM.o~--____________DOLLARS ($ 4 JOJ no Z? ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Fann Road" alternate and related work be accepted,as descrlbed in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum at

~().UJN'bVvbJNdJ ;1-Jk-c.'±h...=..~;;.=.=;.;Q....v..~~ _____________,DOLLARS($ 4)0) DlJQ }.

BID LINE ITEMS:

Note: The following line items are for information only and will not be used 88 a basis onawarding of bids. All blank spaces shall be filled in. Failure 10 do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (601 calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of mcelpt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid Is accepted within the time stated, and we fail to commence the Work or we failto provide the required Sond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid Is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work. in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date faUs beyond the above date based on days, we willpay to the Owner the following amount 8S liqUidated damages, not as a penalty. for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r-3 BJDFORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No•...L dated 8/28/09

Addendum No..1- dated 9/15/09

Addendum No._3_ dated 9/16/09

Addendum No.-L dated 9121 ffi9

BID FORM SUPPLEMENTS

Addendum No.....L dated 9122/09

Addendum No._ dated----Addendum No._ dated _

Addendum No._ dated. _

BID

The following Supplements are atfached to this Bid Form and are considered an Integralpart of this Bid Form. Failure to complete and submit these fonns with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non·Collusion Affidavit

Document 00451 - Debannent Form

__--ol~~:.....-.._-_--_--_(Seal-If Bid is by Corporation)(Signature)

Name and Title: C. Scott Addison President

Business Address: 196 Central Industrial Row; Purvis, MS 39475

Certificate of Responsibility No.: 13178-MC & 08993-MC

08.{)87 00410r-4 BID FORM

)

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORS .Gulfport, Mississippi(hereinafter called "Owner")

DATE: 09-24-09

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"}:_--..::D_".:.;N..:..;"P';"~::.....!',..:::IN=C~" _

Address: 680 Kermedy Lane, Biloxi MS 39532

City State zip':, PO Box 6399~ d'Iberville MS 39540-6399

OFFER. '.

Having examined the site oithe proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials and

, ,supplies, tq perform the WQrkwithin the time set forth· herein for the prices stated below: , ..

BASE BID LUMP, SUM PRICE:

. fQi~/=Ic~et1 ~il!tf)P1 ,111Yt!e ntl-ttdrcd .Ii~~

·!;ile..#;daSa I1C! " DOLLARS(stl155 06d t:"\ .-~,---=,-....:........_.....-..::=.=.;;........::""""'\?t-------- r 7

ALTERNATE #1:

Should the "Food Service Equipmenr alternate and related work be accepted, asdesc'ribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

Juju hwzdru .5kKIy-Il've., /-/z.OtlS'a/?d'______~----_-DOLLARS($ 2tlJ$ UJ;? (Xl ).

EXHIBIT18-/0'

08-087 00410r -1 BID FORM

ALTERNATE #2;

Should the "Access Drive~ alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

5/><-ke,"1 cht&usa~td 5fV<2-tr IILLA·l£J..ri-C,{

JZf9Jfft, DOLLARS ($.~ 7g(J ··c90 ).. . l-< /)

ALTERNATE: #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

11'V'L A.a.Ju:lr(c( . Jv,~/ t!A/<--'~tJ J-.-.A...D (/(£ c(~y;{

Oc?t.LARS (~.w) tXJ0 . <18 J.

ALTERNATE #4 (DEDUCT);

Should the "Water Well at County Farm Road" alternate and related work be accepted•.as described in Division 1 Section "Alternates", DEDUCT from the Base BidtheSum of:1 . .' . .... '. ./-r~/€ luu1tired <kuvvf!J. .r.f/1()t(~t~

. . ".. . . . . . . . . DOLLARS ($~t{), O{){l. OQ )..

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITE #1: LOBO~Y ROAD SITE.~ TOTAL C?ST .i.ar rn i· .. ' - .:; t:A./L-I\ {t'LuVllirU)\

08~087 . 00410r - 2 . BID FORM

****w******~*****************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r - 3 BID FORM

·---.)ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.'

Addendum No.~ dated 08-28-09

3 09-16-09Addendum No._ dated _

Addendum No.....§.- dated 09 22 09

Addendum No._ dated _

BID FORM SUPPLEMENTS

Addendum No.....£.. dated 09-15-09

Addendum No.~ dated 09-21-09

Addendum No._ dated _

Addendum No._ dated _

CJ

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid. Form. Failure to complete and submit these fomls with the bid proposalwillcause the bid to be considered non-responsive. .

Non-Resident Contractor: attach a copy of your State's current law (refer to ."Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

-T--.,.~~--?'t--;,'-,':---:.,.e--T-tr-""""",~,---~' (Seal ~ If Bid' is 'by Corp~rati~h)Iricorpbrati~n: Mississippi.

. Greg N. Nolte, Jr., President

Business Address: 680 Kennedy Lane, Biloxi MS 39532PO Box 6399, d'Iberville MS 39540-6399

Certificate of Responsibility No.: 07575

08..Q87 OQ410r·4 BID FORM

00410r - BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRiSON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Ful/ Name (hereinafter called "Bidder"): Dan Hensarling, Inc.

Address: ....;P:....;........;.O....:..._B;;:.o:;.,;;x.;........::3....:..9~2.;...7 _

City, State, Zip:Gulfport, MS 39505

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish aI/labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASf,BID LUMP SUM PRICE:~

~~dt:J;~~~~

DOLLARS ($ /11 D9~Val r----------------- r,

ALTERNATE #1 :

Should the "Food Service Equipment" alternate and related work be accepted, asde cribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

_______________DOLLARS ($ ~.c~ i'000.-"" ).

08-087 00410r -1 BID FORM

ALTERNATE #2:

_Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

.I~~~-:?-_- ~ ~DOLLARS($/s:,000-- ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Uzana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

_r-~~ ~~cJ%~-___~ ,DOLLARS ($51-1" Dca .~ ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

~kw~£?~~~-_____~- DOLLARS ($ 5 20 0aD - ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST J¥

fiM~~~~~~~~_~ DOLLARS ($ £.1 '<. '1 "4, oa<J --).

ITEM #2: SAUCIE~L1ZANARO~

S&y\d4t4~~~~~~ ~~~ DOLLARS ($ .~ cy 1"Ci/ 00 j>- ).

08-087 00410r~2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

~ dtd?i..~~~c;;.~_______________DOLLARS($~O-~/DC!O-.-r ).

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (50) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s),' the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 o041or-3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._l_ dated 8/28/09 Addendum No._5_ dated 9/22/09

Addendum No..1- dated 9/15/09 Addendum No._ dated _

Addendum No.l dated 9/16/09 Addendum No._ dated _

Addendum No.~ dated 9/21/09 Addendum No. dated----BID FORM SUPPLEMENTS

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

arling. Inc.

Incorporated in theState of Mississippi

'-~~~~~~~::"'-:L-:;=:::==::::===::-(Seal-If Bid is by Corporation)

Name and Title: Dan Hensarling! President

Business Address: P.O. Box 3927. Gulfport. MS 39505

Certificate of Responsibility No.: J.....J......O"""6'""'S_-M....C""----__

08-087 00410r - 4 BID FORM

00410r- BID FORM

.EQ.B;. HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"):Flagstar Construction Co., Inc.

Address: 2006 Aspen Cove

CiW, State, Zip:Brandon, MS 39042

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:.-.:-/ " ...vJ • J J ' .,.-71l/ltr-e.<Z.JV till J{t ~AJ INc.)

ALTERNATE #1 :

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

iN. 6"'" " I'-~~~ AI I ;V (, r6n« '" a '" .,. 1"'/""F'"~- ND

,,{ a MoP 4,e b -I- t; e,tJr;S DOLLARS ($ :2 t f. -g c!> O. 0 D ).I

EXHIBIT8-/,pL;

08-087 00410r -1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

...Sf~T'"eQ.N 7.,hldkli# b d:/6:'( r" 4l.hV D f!:~"p +~r<•_______________DOLLARS ($ )6/ 10 c .. 00 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

Eife.- ~",,v'PP:<I:>-» Se"ed7"s::e-,J /t.)l/Cf):,..Il> ~,I,-AU~P&c..b-l-~~ DOLLARS ($ 5/2,5:0 1), l> D).

I

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

fiv<:::.... ),'UI't)Pf-e. ... AlJ,;e7'ee..~o et->QV 1> S/~ 1, Ui1Jh~""'p -t~

______________DOLLARS ($ S-I '7/ 'Oat 00).

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: lOBOUY ROAD SITE - TOTAL COST

F/ve if.{ Al1>L~ ..scv<:!N-r1 IV \--IJ~ ('io U$R-N ~ =I>~r-s.

_______________DOLLARS ($ _$ 7 t 0 () 6 . () '\'.l )./

ITEM #2: SAUCIER lIZANA ROAD SITE - TOTAL COST

&J.R.. h?l N b D.-e -h. .r.:"0 f..(.L .L".4o tApe h-rJ.p~ ~-r S

_______________,DOLLARS ($ 5-'0 '/, tfJoc,. oc ).

08-087 00410r- 2 BID FORM

ITEM #3: COUNTY FARM ROAD SirE - TOTAL COST

SIX. QllffJP-r.-.D SJ ~-rr 7ZJD 726 cI.5IRN~ -I-~~

_______________,DOLLARS ($ 6 (, ~/!Joo /r::::d} ).

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r - 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No._1_ dated 8/28/09

Addendum No.~ dated 9/1 5/09

Addendum No..l.- dated 9/ 16/09

Addendum No.~ dated 9 / 21 /09

BID FORM SUPPLEMENTS

Addendum No.L dated 9/22/09

Addendum No._ dated, _

Addendum No._ dated _

Addendum No._ dated, _

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

_........:::.:::L~~~L~......:..::::::::::::=::::::=- (Seal-If Bid is by Corporation)

Name and Title: Robert D. Lawrence - Vice President

BusinessAddress:2006 Aspen Cove, Brandon, MS 39042

Certificate of Responsibility No.: _1_0_8_1_7 _

08-087 00410r- 4 BID FORM

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

.!Q.;. HARRISON COUNTY BOARD OF SUPERVISORSGulfport. Mississippi(hereinafter called "Owner")

DATE: 9/24/09

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): Fountain Construction Co 0' Inc °

Address: --=Pe.-::0..:::O-=..o--'Bo=x=--=lc=;0.=.5.=.06"'-- _

City, State, Zip:Jackson. MS 39289-0506

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

:["\+\ \L~ \A \ \...\...., v~ £1 Ll-+, fu ~ 0 f2..~ \\-\-0'-'''>1'\-1\1 0

______~ DOLLARS ($ \3, goo, O<:l(),c)-.

ALTERNATE #1 :

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

'}\#...{-0 \-.\ 'V -.l D a. S"O :; l 'J.- ,'1 T!k,J ~A t.3 .p "\\ ...t -0 \-\v IN '\;:>,jL G:O

_________________DOLLARS ($ 2b o, "LOe) • (:0 -- ).

08-087 00410r- 1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

________________DOLLARS ($ \ S I 1 0 0 .. (::>~ ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

....,... ·Eo., >iL \.-\....., -...A.o IL'S'P 121- ,,",,--\-,,\-1 F-o.;J.A.- ~.:)So A.- 5) .S) S~ 120 ~\J ,"",DR \.~

~ DOLLARS ($-fg4-, 700, c:::. ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

- ~"J2. ~~,""oQ..\?<> 8L,,+~'1 $\"" "T'-l<o>y<>"",...,D F=t:>~J<" f:\" ....Jf)rL0f)

_______________DOLLARS ($ ..:.-4g (,p, q-OCh ..,~ ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

h> '-' IZ... ~ \ '-''- \ '0> ...:.> F ,v~ t-\" N Q (L V"? l"l-l-v \..:> ::, 4..... ..p

________________DOLLARS ($4, SOC;, 000 , ~ ).

ITEM #2: SAUCIER UZANA ROAD SITE - TOTAL COST

~,v~ '\:\- '-.J ~ Q R..\?O S, b"T)! :f1;-t-v v <..If'l ~\{

DOLLARS ($ L\ Js:-<ao, oeD' ~r------------------ I

08-087 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

h J ~ ~\ '-'-- \ ... -.J ~IC" ~ '""' ? t~ P \t..~ ll-\o u->A 'N'IC>

~ DOLLARS($ Ltt,<.J..O,O.oO ':9~

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r - 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No.l dated 8/28/09

Addendum No...-l- dated 9/16/09

Addendum NO.2 dated 9/22/09

Addendum No.L dated 9/15/09

Addendum No.L dated 9/21/09

Addendum No._ dated. _

Addendum No._ dated _ Addendum No._ dated _

BID FORM SUPPLEMENTS

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

(Seal- If Bid is by Corporation)~~_.(Signature)

Name and Title: James B. (Brad) Fountain / President

BID FORM SIGNATURE

:tja:l

Business Address: P.O. Box 10506, Jackson, MS 39289-0506

Certificate of Responsibility No.: __0.:...1.:...4_8:-.4"-- _

08-087 00410r - 4 BID FORM

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): G-M. &R. Construction Company, Inc-

Address: P.O. Box 2579

City, State, Zip:Bay St. Louis, MS 39521

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

-thi~ nQ\\\\G\D i O(\e..\\\~ili e\c-\J(3Q

ftc),\oO-W DOLLARS ($ \3" \\\ceo~.

ALlERNATE #1 :

Should the "Food SeNice Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

~h\.A~\.'cl ~~~~e~'~"\JE'.~_J DOLLARS ($ dSS\~I-).

08-087 0041 Or - 1 BID FORM

ALTERNATE #2:

___________\.._S__DoLLARS($ \5\9J:f)q9 ).

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

£\£-\a=(\·~W e\o\~\ \x >&c\se6

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

~I~~~\~~L::~~~ ).ALTERNATE #4 (DEDUCT):

___________~j~DOLLARS($~J]q,COo.S§: ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

~~Q()~ ~~e:! e\E:I~~N>fuUSC3£\C'\ DOLLARS ($~~ .~).

ITEM #2: SAUCIER LlZANA ROAD SITE - TOTAL COST

~ f'<\~ioD ~e ~\J&:'j,:~R:6 ez,!.~'\e_+h-----'---'-:.=:.aa-"-""t.....",:~~--='=--- ~DOLLARS ($ l~frn 00).

08-087 0041 Or - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

~= £CU\2 t~tcO ~CX3~~ DOLLARS ($ L :::r

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (GO) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will SUbstantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r-3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum NO.l- dated8-28-09

Addendum No.L.. dated9-1 5-09

Addendum NO.l- dated9-16-09

Addendum No.4-. dated9-2J -09

BID FORM SUPPLEMENTS

Addendum No.5 dated 9-22-09

Addendum No._ dated _

Addendum No._ dated _

Addendum No._ dated _

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Collusion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATUR

Bidder's Name:

By -----'''=~-I_+--------- (Seal - If Bid is by Corporation)

Name and Title: Henry Martinez, Sr /Presjdent

Business Address:p.o. Box 2579 Bay St. It:mis. MS 39521

Certificate of Responsibility No.: -",0,-,-7~2",-86",-- _

08-087 0041 Or - 4 BID FORM

J. C. Duke & Associates, Inc.1716 Industrial Park Dr.Mobile, AL 36693Phone: 251~661~4888Fax: 251~661 ... 1181

MISSISSIPPI CERTIFICATE OF RESPONSIBILITY NO. 08861-MC

HARRISON COUNTY EVACUATION SHELTERS

BID MODIFICATION SHEET

Please modify the enclosed~~ows: t> D

BASE BID LUMP SUM¥D~" /lSd. 'l9~.

ALT. 1, FOOD SERVICE EQUIPME~ --eooc; r /,?; '1 Z 0;]

ALT. 2, ACCESS DRIVE~D~ '13 D. tJ DOD

ALT. 3. SAUCIER L1ZANA WATER WEL@ EDUCT $ If) I 7.3Z 0 iJ

ALT.4COUNTYFARMWATERWELL~ EDUCT$ IQlZ3Z

BID LINE ITEMS: ~e~\4..C--r {)U

ITEM 1: LOBOUY ROAD SITE T $ lJ."'"":beli· \I..e.+- tLG D

ITEM 2: SAUCIER L1ZANA ROAD SIT $ /6f;;;3!1. DO~\t,cr-

ITEM 3: COUNTY FARM ROAD IT T $ /1, ~ 1:x2:t..

Date

www.jcduke.com

[EXHIBIT]IE-IrS

SUBMITTED BY:

00410r- BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

Duke, JC & AssociatesBidder's Full Name (hereinafter called "Bidder"): General Contractors, Inc.

Address: 1716 Industrial Park Drive

City, State, Zip:Mobile, Alabama 36693

OFFER

Having examined the site of the proposed work, the availability of materials and labor,and all matters referred to in the Instructions to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project, we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

Fourteen Mjllion, Fiye Hundred. Fifty-six thousand. Two

......H....ll.....n~d""'r...e'"-'d.........--'s..........i xo<>..J...t~y_-.....e.....i""=lg,","b....t~ DOLLARS ($ 14,556,268.00).

ALTERNATE #1 :

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

Two Hundred, Ten Thousand, One Hundred, Three

________________DOLLARS ($ 210,103.00 ).

08-087 00410r-1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and related work be accepted, as described inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

Twenty-two thousand, Nine Hundred, Ninety-three

_________________DOLLARS ($ 22 993 00 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

Five Hundred, Forty-six Thousand, Eighty-Two

________________DOLLARS($ 546,082.00 ).

ALTERNATE #4 (DEDUCT):

Should the "Water Well at County Farm Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

Five Hundred, Forty-six Thousand, Eighty-two

________________DOLLARS($ 546.082.00 ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base BidLump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

Four Million, Seven Hundred, Fourteen thousand, One Hundred,

_F=:...;o~u~r=---- DOLLARS ($ 4,714,104.00

ITEM #2: SAUCIER lIZANA ROAD SITE - TOTAL COST

).

Five Million. Twenty-eight Thousand. Fiye Hundred. Forty two

_______________,DOLLARS($5, 028,542.00 ).

08-087 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

Four Million. Eight Hundred. Thirteen Thousand. Six Hundred

...o!oT..!!w~e"",n~t~y~-~t~W~Q~ ~,DOLLARS($ 4, 81 3 ,622 00 ).

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid.

If this bid is accepted within the time stated, and we fail to commence the Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contract issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will SUbstantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Completion ofthe Project.

$500 per calendar day

08-087 00410r- 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been considered and all costs are included in the Bid Price.

Addendum No...L.... dated 8/28/09

Addendum No..2- dated 9/15/09

Addendum No.L dated 9/16/09

Addendum No...L dated 9/22/09

BID FORM SUPPLEMENTS

Addendum NO.2 dated 9/22 ! 0 9

Addendum No._ dated _

Addendum No._ dated _

Addendum No._ dated_~__

The following Supplements are attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and submit these forms with the bid proposalwill cause the bid to be considered non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 - Non-Col/usion Affidavit

Document 00451 - Debarment Form

BID FORM SIGNATURE

Bi7Zame: LBy~... ,/ « \. (Seal- If Bid is by Corporation)

(Signatunrr=

Name and Title: James C. Duke, President

Business Address: 1716 Industrial Park Drive, Mobile, AL 36693

Certificate of Responsibility No.: 08861-MePrivilege License No. 0027

08-087 00410r~ 4 BID FORM

0041 Or - BID FORM

FOR: HARRISON COUNTY EVACUATION SHELTERS

TO: HARRISON COUNTY BOARD OF SUPERVISORSGulfport, Mississippi(hereinafter called "Owner")

DATE: September 24, 2009

SUBMITTED BY:

Bidder's Full Name (hereinafter called "Bidder"): Larry J. Sumrall Contractors, Inc.

Address:_........;;;.P...;.,.~o-.;:..-.---'B::..o:::..;x'-=--.--4.:..::1:...:9....::0_~ _

City, State, Zip: Laurel, MS 39441

OFFER

Having exam ined the site of the proposed war k, the availability of materials and labor,and all matters referred to in the Instructi ons to Bidders and the Contract Documentsprepared by Eley Guild Hardy Architects for the above mentioned project. we, theundersigned, hereby offer to enter into a Contract to furnish all labor, materials andsupplies, to perform the Work within the time set forth herein for the prices stated below:

BASE BID LUMP SUM PRICE:

;:)~Ot6 ~1~~~t~

~~~~~~& DOLLARS ($ J3J SJ8J 50o.m>

ALlERNATE #1:

Should the "Food Service Equipment" alternate and related work be accepted, asdescribed in Division 1 Section "Alternates", add to the Base Bid the Sum of:

~W-b~~ 4'>'t4#~ .~ DOLLARS($~ LJcfO. /)() ).

08-087 0041 Or - 1 BID FORM

ALTERNATE #2:

Should the "Access Drive" alternate and rei ated work be accepted, as desc ribed inDivision 1 Section "Alternates", add to the Base Bid the Sum of:

~M~~F~ -._-______________DOLLARS ($.JX,SC'CY, 03 ).

ALTERNATE #3 (DEDUCT):

Should the "Water Well at Saucier Lizana Road" alternate and related work be accepted,as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

d~~~F%~-·"'·_~~ DOLLARS ($ .J.f7t~ 67Jt), aD).

ALTERNATE #4 (DEDUCT):

Stlould the "Water Well at County Farm Road" alternate and related work be accepted.as described in Division 1 Section "Alternates", DEDUCT from the Base Bid the Sum of:

dDutl~~ [0<~~-_____________DOLLARS($ Lf7; (JlJl).L5Q ).

*****************************************************************************************************

BID LINE ITEMS:

Note: The following line items are for information only and will not be used as a basis onawarding of bids. All blank spaces shall be filled in. Failure to do so may result in therejection of the Contractors' Bid. (Note: sum of Items 1 thru 3 should total Base 8 idlump Sum Price)

ITEM #1: LOBOUY ROAD SITE - TOTAL COST

'ftw,o-:;.b~~~~k~~._~ DOLLARS ($ ) 5~ 7) titJl), (!]J

ITEM #2: SAUCIER L1ZANA ROAD SITE ~ TOTAL COST

~,~~\~aP~'t~~~ DOLLARS ($ 4, 5t 7, CJ7SD,CiD

J OJ

os-os 7 00410r - 2 BID FORM

ITEM #3: COUNTY FARM ROAD SITE - TOTAL COST

*****************************************************************************************************

ACCEPTANCE

This offer shall be open to acceptance and is ir revocable for sixty (60) calendar daysfrom the bid closing date.

If this bid is accepted by Owner within the time period stated above, we will :

1. Execute the Agreement within seven days of receipt of Notice of Award.2. Furnish the required bonds within seven days of receipt of Notice of Award.3. Commence work within seven days after written Notice to Proceed of this

bid

If this bid is accepted within the tim e stated, and we fail to com rnence tile Work or we failto provide the required Bond(s), the security deposit shall be forfeited as damages toOwner by reason of our failure, limited in amount to the lesser of the face value of thesecurity deposit or the difference between this bid and the bid upon which a Contr act issigned.

In the event our bid is not accepted within the time stated above, the required securitydeposit shall be returned to the undersigned, in accordance with the provisions of theInstructions to Bidders; unless a mutually satisfactory arrangement is made for itsretention and validity for an extended period of time.

CONTRACT TIME

If this Bid is accepted, we will substantially complete the Work in the followingconsecutive calendar days:

Four Hundred Twenty (420)

If the Substantial Completion date falls beyond the above date based on days, we willpay to the Owner the following amount as liquidated damages, not as a penalty, for eachcalendar day of delay for the Project until the actual date of Substantial Com pletion ofthe Project

$500 per calendar day

08-087 00410r - 3 BID FORM

ADDENDA

The following Addenda have been received. The modifications to the Bid Documentsnoted below have been consider ed and all costs are included in the Bid Price.

Addendum N0._ dated _

Addendum No..2..... dated 9/22/09Addendum No.~ dated 8/28/09

Addendum No.~ dated 9/15/09

Addendum No.~ dated 9/16/09

Addendum No.~ dated 9/21/09

BID FORM SUPPLEMENTS

Addendum No.

Addendum No.

dated--~

dated _

The following Supplementsare attached to this Bid Form and are considered an integralpart of this Bid Form. Failure to complete and subm it these forms with the bid proposalwill cause the bid to be consider ed non-responsive.

Non-Resident Contractor: attach a copy of your State's current law (refer to"Instructions to Bidders" for additional information)

Document 00450 -. Non-Collusion Affidavit

Document 00451 _. Debarment Form

BID FORM SIGNATURE

Bidder's Name: !'By 56AL£ 1-=5,--,~=-,,=-=--L.- (Seal - If Bid is by Corporation)

(Signature)

Name and Title: Sean A. Sumrall, President

Business Address: P. Q~.__Box 4190 Laurel, MS 39441- _

Certificate of Responsibi lily No.: 03._3_3_4_-_M_C _

08-087 0041 Or - 4 BID FORM

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 17

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER TABLING THE EMPLOYMENT OF KNESALENGINEERING AS IlROJECT MANAGER FOR THEFEMA 361 SHELTERS, AS RECOMMENDED BY THESELECTION COMMITTEE

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY TABLE the employment of Knesal Engineering as

Project Manager for the FEMA 361 shelters, as recommended by the Selection Committee.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received thc affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

TI·ns 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 18

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER TABLING REJECTION OF ALL BIDS RECEIVEDFOR THE PURCHASE OF ONE OR MORE NEW FIREPUMPER AND TANKER TRUCKS AND THESALE/TRADE OF CURRENT TRUCKS

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY TABLE rejection of all bids received for the

purchase of one or more new fire pumper and tanker trucks and the sale/trade of current trucks,

which bids were received on 7/24/2009.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKeO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

it . I r'

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 19

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING ON THE MINUTES THE LIST OFLOW QUOTES APPROVED BY THE PURCHASINGDEPARTMENT FOR THE MONTH OF SEPTEMBER, 2009,PAID FROM FORFEITURE FUNDS

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES the list of low

quotes approved by the purchasing department for the month of September, 2009, paid from

forfeiture funds, which quotes follow this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MAR'fIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the atlirrnative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

•Low Quotes Over $5,000.00

Approved by the Purchasing Dept. September 1, 2009 throughSeptember 30, 2009

DATE

9/4/2009

DEPT.

Cat G­Parks,Recs. &

Other

VENDOR

CustomProducts Inc.

P.o.#

159121

AMOUNT

$6,460.00

DESCRIPTION

Beach Signs

Co. WideLabor & Material to

9/16/2009 Bridge &Templet

159359 $12,018.00install Hydraulic Oil

Consultants Tank Heaters onCulverts

Portage Bridge

Installation transfer

9/23/2009Community / Douglas Parker

159506 $14,995.00Switch for generator

Civic Electric use for D'IbervilleSenior Center

........ '_.._-_..'--_._--_._-------------------------

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 20

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING ON THE MINUTES THE LIST OFEMERGENCY PURCHASE ORDERS ISSUED BY THEPURCHASING DEPARTMENT FOR THE MONTH OFSEPTEMBER, 2009

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES the list of

emergency purchase orders issued by the Purchasing Department for the month of September,

2009, which list follows this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

EMERGENCY PURCHASE ORDERS ISSUED BY THE PURCHASING DEPARTMENT FORTHE MONTH OF

SEPTEMBER 2009

• DATE DEPARTMENT VENDOR P.O.# AMOUNT DESCRIPTION

09/14/09HIC Youth Johnstone

159270 $2,840.62Replace Air Conditioning

Detention Center Supply unit at Youth Detention

Bldg. & Grounds Lindsay AirService call to repairAir

09/21/09 159454 $975.99 Conditioner in CivilMaint. Conditioning

Defense

All SafeMaterials & Labor to

09/30109 Shelter & AbuseTechnologies

159689 $2,056.40 replace the fire controlpanel hit by Lightning

09/30109 Shelter &AbuseJohnstone

159690 $1,732.56Parts & Labor to replace

Supply Existing Air Conditioner

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 21

Supervisor KIM B. SAVANT moved adoption ofthe following:

ORDER ACKNOWLEDGING RECEIPT OF THE BIDS FORTHE HENDERSON POINT BOAT RAMPREFURBISHMENT RECEIVED SEPTEMBER 29, 2009 FORTABULATION AND AWARD AT A LATER DATE

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of the bids for the

Henderson Point boat ramp refurbishment received September 29,2009 for tabulation and award

at a later date.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009 --.

October 12, 2009, Item # 22

The Sherift1s representative reported that 689 persons are currently housed in the Harrison

County Jail Facilities, 283 are in the pods and 689 in the main facility. These numbers include

83 misdemeanors and 123 females.

There was no Board action taken on this matter.

. -?if

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 23

Supervisor KIM B. SAVANT moved adoption of the following:-

ORDER ACCEPTING THE BYRNE DISCRETIONARYPROGRAM GRANT FOR THE TRI-COUNTY COASTALCOMMAND CENTER FOR $987,228.00 AUTHORIZINGSHERIFF BRISOLARA, AUTHORIZED GRANTEEOFFICIAL, TO ENDORSE GRANT AWARD DOCUMENTS,AND AUTHORIZING THE COUNTY ADMINISTRATORTO SET UP AN ACCOUNT NUMBER THEREFOR

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY ACCEPT the Byrne Discretionary Program grant

for the Tri-County Coastal Command Center for $987,228.00 and HEREBY AUTHORIZES

Sheriff Brisolara, authorized grantee official, to endorse grant award documents, and further

HEREBY AUTHORIZES the County Administrator to set up an account number therefor. which

grant follows this Order as Exhibit A.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

Office of the AssiStant Attorney Geneml

Department of Justice

Office ofJustke Programs

September 30~ 2009

SheriffMelvin BrisolaraHarrison County Sheriff's DepartmentPost Office Box 14801801 23rd AvenueGulfport, MS 39502

Dear SheriffBrisolara:

On behalfofAttorney General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approvedyour application for funding under the FY2009 Solicited Awards in the amount 0[$987,228 for Harrison County Sherifl"sDepartment.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative andfinancial requirements, including the timely submission ofall financial and programmatic reports, resolution ofall interimaudit [mdings, and the maintenance ofa minimum level ofcash-on-hand. Should you not adhere to these requirements, youwill be in violation ofthe terms ofthis agreement and the award will be subject to termination for cause or other administrativeaction as appropriate.

Ifyou have questions regarding this award, please contact:

- Program Questions, Tamaro T. White, Program Manager at (202) 353-3503; and

- Financial Questions, the Office of the ChiefFinancial Officer, Customer Service Center (esC) at(800) 458-0786, or yon may contact the CSC at [email protected].

Congratulations, and we look forward to working with you.

Sincerely,

,~~~~..,~~. .

Mary U>U leaIy

Acting Assistant Attorney General

Enclosures

IEX~IBITI

Department of Justice

Office ofJustice Programs

Office for Civil Rights

W<UhtngtOll, D.C. l053}

September 30, 2009

Sheri:fIMelvin BrisollIT3Harrison County Sheriff's DepartmentPost Office Box 1480 .1801 23rd AvenueGulfport. MS 39502

Dear SheriffBrisolara:

Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt ofFederal fimding tocompliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (O]P). U.S. Department ofJustice.is responsible for ensuring that recipients of financial aid from O]P, its component offices and bureaus, the Office on Violence AgainstWomen (OVW), and the Office ofCommunity Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes andregulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with JusticeDepartment funding: .

Ensuring Access to Federally Assisttd PrOgrams

As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,religion. sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery ofservices orbenefits. Federal law also prohibits funded programs or activities from discriminating on the basis ofage in the delivery ofservices orbenefits. .

Providing Services to Limited English Proficiency (LEp) Individuals

In accordance with Department ofJustice Guidance pertaining to Title VI ofthe Civil Rights Act of 1964, 42 U.S.C. § 2ooOd, recipients ofFederal financial assistance must take reasonable steps to provide meaningful access to.theirprograms and activities for persons with limitedEnglish proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services toLEP individuals, please see the website at htlp:llwww.1ep.gov_

Ensuring Equal Treatment for Falth--Based Organizations

The Department of Justice has pUblished a regulation specifically pertaining to the funding of faith-based organizations. In genernl. theregulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment ofall Justice .Department Program Participants. and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agenciesto treat these organizations the same as any other applicant or recipient The regulation prohibits State Administering Agencies from makingaward or grant administration decisions on the basis ofan organization's religious character or affiliation, religious name, or the religiouscomposition of its board ofdin;:c!ors.

The regulation also prohibits faith-based organi:zations from using financial assistance from the Department ofJustice to fund inherentlyreligious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately ,from the Depilrtmei:ttofJustice funded program, and customers or beneficiaries cannot be compelled to participate in them. The EqualTreatment Regulation aLso makes clear that organizations participating in programs funded by the Department ofJustice are not permitted todiscriminate in the provision ofservices on the basis ofa beneficiary's religion. For more information on the regulation, please see OCR'swebsite at http://www.ojp:usdoj.gov/ocr/etfbo.htm.

State AdministeringAgencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims ofCrimeAct, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitiollS against discrimination on thebasis ofreligion iIi. employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the ReligiousFreedom Restoration Act (RFRA) is reasonably construed, on acase-by-case basis. to require that its funding agencies permit faith-basedorganizations applying for ftmding under the applicable program statutes both to receive DOJ funds and to continue collSidering religionwhen hiring staff, even if the statute that authorizes the funding program generally forbids considering ofreligion in employment decisionsby grantees. .

Questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment may be directed to thisOffice_

Enforcing Civil Rights Laws

All recipients ofFedemI financial assistance, regardless ofthe particular funding source, the amount ofthe grant award, or the number ofemployees in the woIkforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients thatarethe subject ofdiscrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects anumber ofrecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing servicesequitably to all segments oftheir service population and that their employment practices meet equal emplOyment opportunity standards.

Complying witb tbe Safe Streets Act or Program Requirements

In addition to these general prohibitions, an organization which is a recipient offinancial assistance subject to. the nondiscriminationprovisions ofthe Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grantprogram requirements, must meet two additional requirements;(1) complying with Federal regulations pertaining to the development ofanEqual Employment Opportunityptan (EEOP), 28 C.P.R § 42.301~.308, and (2) submitting to OCR Findings ofDiscrimination (see 28C.F.R. §§ 42.205(5) or31.202(5»). .

1) Meeting the EEOP Requirement

In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grantprogram requirements, your organization must comply with the following EEOP reporting requirements;

Ifyour organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time·employees bot excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from thedate of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov!ocr!eeop.htm. Youmay also request teclmieal assistance from an EEOP specialist at OCR by dialing (202) 616-3208.

TfyOUT organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to preparean EEOP, hut it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file andmake it available for review on request. In addition, your organization has to complete Section B ofthe Certification Form and return it toOCR. The Certification Form can be found at bt1p:J!wWw.ojp.usdoj.gov!ocr!eeop.htm.

Ifyour organization received an award for less than $25,000; or ifyour organization has less than 50 employees, regardless ofthe amount ofthe award; or ifyour organization is a medical inStitution; educational institution, nonprofit organization or Indian tribe, then yourorganization is exempt from the EEOP requirement However, your organization must complete Section A of the Certification Form andreturn it to OCR. The Certification Form can be found at http;!Iwww.ojp.usdoj.gov!ocr!eeop.htm.

2) Submitting Findings ofDiscrimination

In the event a Federal or State court or Federal or State administrative agency makes an adverse finding ofdiscrimination against yourorganization after a due process hearing, on the ground ofmce, color, religion, national origin, or sex, your organization must submit a copyof the fmding to OCR for review. .

Ensuring the Compliance, ofSubrecipients

Ifyour organization makes subawl'Irds to other agenci~, you are xesponsible for assuring that subrecipients also comply with all of theapplicable Federal civil rights Jaws, including the requirements pertaining to developing and submitting an BEOP, reporting Findings ofDiscrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grantassurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance ofsubrecipients.

lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient ofFederal funding, please call OCR at (202) 307­0690 or visit our website at http;!Iwww.ojp.usdoj_gov!ocr!.

Sincerely,

Michael L. AlstonDirector

cc; Grant ManagerFinancial Analyst

Department of Justice.Office of Justice PrOgI1lIDS

Office of the ChiefFinancial Officer

Washington, D.C. 20531

September 30, 2009

SheriffMelvin BrisolaraHarriSon County Sheriff's DepartmentPost Office Box 1480180123rdAvenueGulfport, MS 39502

Reference Grant Number: 2007-DD-BX-4004

Dear SheriffBrisolara:

I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award inthe cost categories identified below:

Category Budget

Personnel $0

Fringe Benefits $0

Travel SO

Equipment $1,022,694

Supplies $0

Construction $0

Contractual $0

Other $0

Total Direct Cost $1,022,694

Indirect Cost $0

Total Project Cost $1,022,694

Federal Funds Approved: $987,228

Non-Fedenu Share: $35,466

Program Income:. $0

Match is not required but necessary for the completion of the project. Therefore, the non·federal share that has beenincorporated in the approved budget is mandatory and subject to audit.

Ifyou have.questions regarding this award, please contact:

- Program Questions, Tamaro T. White, Program Manager at (202) 353-3503

- Financial Questions, the Office of Chi~fFinancialOfficer, C~tomer Service Center(CSC)at (800) 458-0786, or you may contact the CSC at [email protected].

Congratulations, and we look forward to working with you.

Sincerely,

MarciaK Paull

ChiefFinancial Officer

Department of Justice

Office ofJustice Programs

Bureau of Justice AssistancePAGE lOP 2

Grant

4. A WARD NUMBER: 2oo7~DD-BX-4004I. RECIPIENT NAME AND ADDRESS (InCllldin8 Zip Code)

Harriscn County Sheri1f's DepartmentPostOffic<: BOl( 1480 180123rdAvenueGulfport, MS 39502

lAo GRANTEE iRsNENooR NO.

. 640001425

3. PROmer lTILETri-County Coastal CommaDd Center

5. PROJECf PERIOD: FROM

BUDGETPERlOD: FROM

6. AWARD DATE 09130/2009

8. SUPPLEMENT NUMBER

00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS AWARD

II. TOTAL AWARD

1010112005 TO . 03/3112010

10/0112005 TO 0313112010

7. ACTION

Initial

so$ 987,228

'$987,228

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECf IS APPROVED SUBJECT TO SUCH CONDmONS OR LIMITATIONS AS ARE SET FORTHON TIlE AITACHED PAClE(S). .

13. STATUTORYAUTHORlTY FOR GRANT

This project is supported under 42 U.S.C. 3760 - 3762a (BJA - Byrne Discretionary)

15. METHOD OF PAYMENT

PAPRS

AGENCY APPROVAL GRANTEE ACCEPTAMCE

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

Mary 1.<>u Leary

Acting Assistant Attorney General

18. TYl'ED NAME AND TITLE OF AUTHORIZED GRANTEE OFFIClAL

Melvin BrisnlaraSheriff

17. SIGNATURE OF APPROVING OFFICIAL

~'~\··''':t'"·'h~:19. SIGNATURE OF AlJIHORlZED RECIPIENT OFFICIAL 19A.DATE

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21. GDlUGT6ZI1

FISCAL FUND BUD. DIV.YEAR CODE ACf. OFC. REO. SUB. rOMS AMOUNT

x B DI 00 00 987228

OJP FORM 4000/2 (REV. 5·87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4OO0/Z (REV. 4-88)

Department of Justice

Office ofJustice Programs

Bureau of Justice AssistanceAWARD CONTINUATION

SHEETGrant

PAGE 2 OF 2

PROJECT NUMBER 2007-DD-BX-4004 AWARD DATE 09/3012009

SPECIAL CONDITIONS

L The I¥Cipient agrees to comply with the [mancial and administrative requirements set forth in the current edition oftheOffice of Justice Programs (OJP) Financial Guide.

2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient isrequired to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is aviolation of its Certified Assurances and may result in suspension or termination of funding, until such time as therecipient is in compliance.

3: The recipient agrees to comply with the organizational audit requirements ofOMB Circular A~133, Audits ofSlates,Local Govemments, and Non-Profit Organizations, and further underntands and agrees that funds may be withheld. orother related reqUirements may be imposed, ifoutstanding audit issues (ifany) from OMB Circular A-l33 audits (andany other audits ofOJP grant funds) are not satisfactorily and promptly addressed, as further descnoed in the current"

"edition ofthe OJP Financial Guide, Chapter 19.

4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of theenactment, repeal, modification o"r adoption ofany law, regulation or policy, at any level ofgovernment, without theexpress prior written approval ofOJP.

"5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,subgrantee, subcontractor, or other person has either 1) submitted a mIse claim for grant funds under the False ClaimsAct; or 2) committed a criminal or civil violation oflaws pertaining to fraud. conflict ofinterest, bribery, gramity, orsimilar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,abuse, or misconduct should be reported to the OIG by ~

mail:

Office of the Inspector GeneralU.S. Department ofJusticeInvestigations Division950 Pennsylvania Avemle, N.W.Room 4706Washington, DC 20530

e·mail: [email protected]

hotline: (contact infonnation in English and Spanish): (800) 869-4499

or hotline fax: (202) 616-9881

Additional information is available from the DOJ DIG website at www.usdoj.gov!oig.

6. No portion ofthese federal grant funds shall be used towards any part ofthe annual cash compensation ofanyemployee ofthe grantee whose total annual cash. compensation eiceeds 110% of the maximum salary payable to amember ofthe Federal government's Senior Executive Sel"Vice at an agency with a Certified SES PerformanceAppraisal System for that year.

OJP FORM 400012 (REV. 4-88)

Department of Justice

Office of Justice Programs

Bureau ofJustice Assistance

Washiwglo", D.C. 20531

Memorandum To: Official Grant File

From:

Subject:

Maria A. Berry, Environmental Coordinator

Categorical Exclusion for Harrison County Sheriff's Department

The Edward Byrne Memorial Discretionary Grants Program helps local communities improve thecapacity oflocal justice systems and provides for national support efforts. None ofthefollowingactivities will be conducted whether under the Office ofJustice Programs federal action or a related thirdparty action: I) New constrUction. 2) Renovation or remodeling ofa property either (a) listed on oreligible for listing on the National Register ofHistoric Places or (b) located within a 100-year floodplain. (3) A renovation which will change the basic prior use ofa facility or significantly change its size.(4) Research and technologY whose anticipated and future application coiJld be expected to have an effecton the environment. (5) Implementation ofa program involving the use ofchemicals. Consequently, thesubject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as .contained in paragraph 4(b) ofAppendix D to Part 61 of the Code ofFederal Regulations. Additionally,the proposed action is neither a phase nor a segment ofa project which when reviewed in its entiretywould not meet the criteria for a categorical exclusion.

GRANT MANAGER'S MEMORANDUM, PT. I:_PROJECT SUMMARY

Department ofJusticeOffice ofJustice Prognulls

Bureau ofJustice Assistance

PROJECT NUMBER

2lJ07-DD-BX-4004

Grant

PAGE I OF I

-.

This prq;ect is supported under 42 US.C. 3760 - 37628 (IDA - Byrne DiSCl'etiOllaIY)

I. STAFF CONTACT (Name & telephone number)

Tomaro T. White(202) 353-3503 -

3L TITLE OF THE PROGRAM

BJA FY 09 Solicited

4. TITLE OF PROJECT

Tri-County Coastal Command Center

5. NAME & ADDRESS OF GRANI'EE

Harrison County Sherifl"s DepartmentPostOffieeBox 1480 1801 23rdAvenueGUlfport, MS 39502

7. PROGRAM PERIOD

2. PROmer DIRECTOR (Name, address & telepboo.: num"';')

Robert ParkerComptrollerPost Office BO)( 14801801 23nl.AvenueGulfport, MS 39502(228) 89MJ687

3b. POMS CODE (SEE INSTRUCTIONSON REVERSE)

6. NAME &ADRESS OF SUBGRANTEE

8. BUDGET PERJOD

FROM: 10/0llZ005 TO: 0313112010 FROM: 10/0112005 -TO: 031311201 0

9. AMOUNT OF AWARD

$ 987,228

11. SECOND YEAR'S BUDGET

13. THIRD YEAR'S BUOOET PERIOD

10. DATE OF AWARD

0913012009

12. SECOND YEAR'S BUDGET A~OUNT

14. TIIIRD YEAR'S BlJlXJET AMOUNT

IS. SUMMARY DESCRIPTION OF PROJECT (See instruCtion on reverse)

The Edward Byrne Memorial Discretiooory Grants Prognull (Byrne DiscretiOlUlIY 1'rogIam) help. local communities improve tlte capacity- ~f local ju.tice systemsand proVides for national support efforts. This project is authorized and funckd lhrough a line item in the FY 08 Congressional Bodgel Fonds should be used for

_ purposes recoIIlIllellded by Congress.

Tile Harrison County Sheriff's Department will p1lICbase a Mobile Command Center for joint use by law enforcement in tlte three Mississippi coastal colUlties ofHarrison, Hancock, IIItd Jackson. The Comm;md Center will the nerve center for the three counties in the event ofdisaster, offer convenient law enforcementemc:rgeney sclViees to all citi=., coordinate .earch and rescue missions, enhance communications with extemal agencies, in=se security, and managc incoming -,­aid.

OJP FORM 4000/2 (REV. 4-88)

The HmrisI>n County Sherifrs Dcparnnent will provide effective and I>rderly law enforcement ~onb:Ol and coordination ofemergency securityaid and resCUe; enhance cOlIWl11llication capabilities and direct e:melgency law enforcement operations with the tri-<:mmty's EmergencyOperations Centers; cOordinate local resources to effeclively respond to and recover from a d~er; and provide a conlimlous flow of informatiOn10 Slale and natiOlllll agencies to improvc decision-making during disaslrous ciIcumstanees.

NCAlNCF

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 24

Supervisor W. S. SWETMAN III moved adoption of the following:

ORDER ACCEPTING THE 2009 STATE CRIMINAL ALIENASSISTANCE PROGRAM GRANT IN THE AMOUNT OF$31,937.00, AND AUTHORIZING THE COUNTYADMINISTRATOR TO SET UP AN ACCOUNT NUMBERTHEREFOR

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY ACCEPT the 2009 State Criminal Alien Assistance

Program grant in the amount of$31,937.00, and HEREBY AUTHORIZES the County

Administrator to set up an account number therefor. The grant information follows this Order as

Exhibit A.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

,Programs: State Criminal Alien Assistance Program (SCAAP) .

• OFflC£ Of JUSnCE PROGRAMSwww.on".US:DOJ.GOY '0

BJA Programs

State Criminal Alien Assistance Program (SCAAP)

FY 2009 SCAAP Funds

http://www.ojp.usdoj.govIBJNgrant/scaap.htm

IEX~IBITI

1 nf~-

NEW: BJA is pleased to announce that the FY 2009 State Criminal Alien Assistance Program(SCAAP) awards are complete. To view the FY 2009 SCAAP award amounts, please click here. BJAwill e-mail all 2009 SCAAP jurisdictions when the SCAAP awards are ready for drawdown in the nextthree weeks. .

Overview: BJA administers SCAAP, in conjunction with the BureauofImmigration and CustomsEnforcement and Citizenship and Immigration Services, Department ofRomeland Security (DRS).SCAAP provides federal payments to states and localities that incurred correctional officer salaIy costsfor incarcerating undocumented criminal aliens with at least one felony or two misdemeanorconvictions for violations of state or local law, and incarcerated for at least 4 consecutive days duringthe reportingperiod.· .

Use ofSCAAPAwards: The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162,Title XI) included the following requirement regarding the use of SCAAP funds: "Amountsappropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to aState or political subdivision ofa State, including a municipality, may be used only for correctionalpurposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctionalpurposes only.

FY 2007~2009SCAAP Use ofFunds List

Salaries for corrections officersOvertime costsPerformance-based bonusesCorrections work force recruitment and retentionConstruction ofcorrections facilitiesTraining/education for offendersTraining for corrections officers related to offender population managementConsultants involved with offender populationMedical and mental health servicesVehicle rental/purchase for transport of offenders

101(;,.,000 1.'101)1\"

PrograJI1s: .State CriIninal Alien Assistance Program (SCAAP) http://www.ojp.usdoj.gov/BJAJgrantiscaap.htm

Prison industriesPre-release/reentry programsTechnology involving offender management/inter agency information sharingDisaster preparedness continuity ofoperations for corrections facility

Reporting Period: The reporting period for the FY 2009 application period is July 1, 2007 throughJune 30, 2008. Only qualifying inmates who served four or more days during this period maybe.included in the FY 2009 SCAAP application.

Eligible Inmates - Applicant Responsibilities - Unless otherwise prohibited, applicants may submitrecords of inmates in their custody during the reporting period who: were born outside the UnitedStates or one ofits territories and had no reported or documented claim to U.S. citizenship; were in theapplicant's custody for four or more consecutive days during the reporting period; were convicted of afelony or second misdemeanor for violations ofstate orlocal law; were identified andreported usingdue diligence.

Qualifying Criminal Charges and ConvictionsTo be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor forviolations of state or local law, and housed in the applicant's state or local correctional facility for 4 ormore consecutive days during the reporting period. Once a person meets these criteria, all pre-trial andpost-conviction time served from July 1,2007 through June 30,2008 may be included in the FY 2009application.

Qwlwmg~wry&w ..Salary information reported in the SCAAP application must reflect the total salaries and wages paid tofull-and part-time correctional officers and others who meet the SCAAP defInition (see the FY 2009SCAAP Guidelines). The reported sum should total the jurisdiction's actual salary expenditures for theapplicable reporting period (July 1,2007 to June 30,2008). The reported salary should not be aprojection, estimate, or average. Correctional Officer salary costs may include premium pay forspecialized services (e.g., bilingual officers), shift differential pay, and fixed-pay increases for time inservice. Salary costs may also include overtime required by negotiated contract, statute, or regulation(e.g., union agreements, contractual obligations, minimum staffmg requirements, etc.).

ChiefExecutive Officer: SCAAP payments must go directly to eligible states and localities.Authorized jurisdiction employeesfor SCAAP purposes must be listed as either the AuthorizedRepresentative or Alternate Contact in the OMS User Profile. The chiefexecutive officer (CEO) ofaneligible jurisdiction may apply directly or delegate authority to·another jurisdiction official. The CEOis generally considered the highest ranking elected or appointed official ofa unit ofgovernment.An application without the CEO· information included will be significantly delayed.

Legislation: SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. §1231(i), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and LawEnforcement Act of 1994, Public Law 103-322.

Funding: SCAAP payments will be calculated using a formula that provides a relative share offundingto jurisdictions that apply and is based on the number ofeligible criminal aliens, as detennined byDHS.

Payments: SCAAP payments are calculated simultaneously, with applicants receiving a proratedpayment based on the appropriation, costs submitted, and imnates as determined by DHS. All SCAAP

1 flI"nfV\O 1.~O 1)1\,{

.Programs: State Criminal Alien Assistance Program (SCAAP) http://www.ojp.usdoj.gov/BJA/grantiscaap.htmJ

payments are made electronically to the applicant's bank account ofrecord identified during theapplication process. All SCAAP payments must go to the jurisdiction's general fund. Please usethe jurisdiction's EIN (tax identification) and vendor Dumber when applying for SCAAP funds.

. .. . '

HowlWhen to Apply: FY 2009 applications are being accepted in the OJP Grants Management System(OMS) from April 6, 2009 through May 12, 2009.

BJA would like to remind FY 2008 SCAAP applicants ofupdates in the Guidelines, including thatSCAAP funds may be used for "correctional purposes only," with infonnation regarding the proposed·use collected during the award acceptance process and that SCAAP inforniation from jurisdictionimnate data may be shared with other federal government agencies.

2009 SCAAP Data:FY 2009 SCAAP Guidelines (PDF)FY 2009 ICE Country Codes (PDF)FY 2009 Inmate Data File Format (PDF)

DuectPhoneSupporl:Technical assistance is available Monday through Friday from 9:00 a.m. to 5:00 p.m. Eastern Time, via .

. the SCAAP Helpdesk at 202-353-4411.

For assistance with the OMS login, call 1-888-549-9901 Option 3.

E-Mail Inquiries:Program and Policy Issues: SCAAP Inquiries: [email protected] Login Issues: OMS Helpdesk: [email protected] Issues: DC Customer Service Center: [email protected]

Related Information:FY 2008 SCAAP Information:FY 2008 SCAAP AwardsFY 2008 SCAAPGuidelines (PDF)FY 2008 ICE Country Codes (PDF)FY 2008 Inmate Data File Format (PDF)

.SCAAP Archive Information

US. Department of Justice IOffice of Justice ProgramsPrivacy Statement and Disclaimers IFOIA

t O/ol: I",nno 1 .']0 Dt-A"

AK Alaska Department of $142,741.00Corrections

AL County of Coffee $385.00

AL County of Montgomery $6,153.00

AL Marshall County Commission $7,438.00

AL County of DeKalb $18,912.00

AL Alabama Department of $162,919.00Corrections

AR PERRY COUNTY $276.00

AR County of Polk $1,236.00

AR County of saline $4,126.00

AR County of Hempstead $7,135.00

AR Department of Community $7,425.00Correction

AR County of Pope $9,655.00

AR County of Pulaski $11,173.00

AR County of Sebastian $17,011 :00

AR County of Benton .$86,285.00

AR County of Washington $181 ,920.00

AR Arkansas Department of $425,268.00Correction

AZ. County of Greenlee $1,402.00

AZ. County of Graham $5,737.00

AZ County of Apache $8,875.00

AZ Gila County $19,403.00

AZ. Mohave County . $24,135.00

AZ santa Croz County $49,657.00

AZ County of Navajo $50,457.00

AZ Coconino County $64,977.00

AZ Yuma County $162,766.00

AZ Pinal County $215,025.00

AZ County of Yavapai $239,719.00

AZ COUNTY OF COCHISE $664,261.00

AZ County of Pima $832,379.00

AZ Maricopa County $4,006,872.00

AZ State of Arizona $12,806,731.00

CA County of Mariposa $4,005.00

CA County of Plumas $4,839.00

CA County ofTuolumne $8,760.00

CA GLENN COUNTY $9,112.00

, .

MO Missouri Department of $517,803.00Corrections

MS Pike County $1,201.00

MS State Of Mississippi $28,976.00

MS Hamson County $31,937.00

MT County of Yellowstone $4,511.00

MT Montana Department of $34,794.00COrrections

NC Chowan County $477.00

NC Alexander County $976.00

NC Edgecombe County $1,053.00

NC County of Washington $2,560.00

NC Vance County $2,831.00

NC Caswell County $3,241.00

NC McDowell County $3,418.00

NC Bladen County $4,211.00

NC Richmond County $4,2n.OO

NC Cleveland County $4,744.00

NC Person County $4,844.00

NC Tyrrell County $5.410.00

NC Avery County $5,482.00

NC Wilkes County $5,642.00

NC Davidson County $6,213.00

NC Transylvania County $6,362.00

NC Ashe County . $6,488.00NC Alleghany County $7,571.00

NC Craven County $7,694.00NC Montgomery County $7,872.00

NC Harnett County $8,354.00NC Carteret County $8,540.00NC County of Robeson $8,683.00NC Lincoln County $9,047.00NC Burke County $9,101.00NC County of Columbus $9,103.00

NC Franklin County $9,169.00NC Yadkln County $10,094.00NC Granville County $11,745.00NC County of lenoir $11,776.00NC County of Surry $12,107.00

NC Nash County $12,543.00NC Brunswick County Government $12,734.00

Center

NC Davie County $13,077.00NC Orange County $14,979.00NC Stokes County $16,258.00

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 25

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER ACCEPTING THE 2009 BULLETPROOF VESTPARTNERSHIP SOLICITATION IN THE AMOUNT OF$10,164.00, AND AUTHORIZING THE COUNTYADMINISTRATOR TO SET UP AND ACCOUNT NUMBERTHEREFOR

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY ACCEPT the 2009 Bulletproof Vest Partnership

solicitation in the amount of$IO,164.00, and HEREBY AUTHORIZES the County

Administrator to set up and account number therefor,

This is a 50 % match program through the Bureau of Justice Assistance, the other 50%

will be paid from 029-215-613. The grant information follows this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKeO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

\Dq ~ul\~f(Jro~ \/£(21 1ar+~RShipCamille Peno

From:Sent:To:Subject:

[email protected] on behalf of BVP [[email protected]]Tuesday, October 06,200910:15 AMBVP-listBulletproof Vest Partnership FY 2009 Awards

A~~ AYVlf / t \O,\IDJ\-.. (tJt)%Y'AA.~ 1lRA')

The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2009 Bulletproof VestPartnership (BVP) solicitation. These funds have been posted to your account in the BVP system. For Questions regarding the BVP Program or your award, pleasedo not hesitate to contact the BVP Help Desk at [email protected].

A complete list of FY 2009 BVP awards is available at hltp:llwww.oip.usdoLgov/bvpbasi/

. The FY 2009 award funds may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered on or after April 1, 2009. The deadline torequest payments from the FY 2009 award funds is September 30, 2011, or until all available 2009 awards funds have been requested.

Thank You.

BVP Program Support Team

10 fu,rdtit~ ~ Vt~tt; IJrdtwJDWVl, ~Ylk:, UVlm cDWlrle1fin.

m,X:r-OJ--I,

1

. ,

MO WOODSON TERRACE CITY $1,400MS BATESVILLE CITY $4,845MS CARTHAGE CITY $1218MS CLARKE COUNTY $3,582MS CLINTON CITY $4,568MS CORINTH CITY . $4,420MS D IBERV/LLE CITY $7,273MS DECATUR TOWN $2,204MS DESOTO COUNTY $576MS FOREST CITY $822MS FORREST COUNTY $8,939MS FRANKLIN COUNTY $1,965

. MS GEORGE COUNTY SCHOOL DISTRiCT $1,043MS GREENVILLE CITY $14,850MS GREENWOOD CITY $7,691MS GULFPORT CITY $13,840MS HARRISON COUNTY $10,164MS HERNANDO CITY $3,750MS HINDS COUNTY $7,340MS HOLMES COMMUNITY COLLEGE $1,888MS HORN LAKE CITY $7,125MS INDIANOLACITY $1,033MS KILMICHAEL TOWN $543MS LAKETOWN $827MS LEE COUNTY $2,069MS Long Beach $4,386MS LOWNDES COUNTY . $7,808MS MARION COUNTY $6,050MS MARSHALL COUNTY $10,620MS MISSISSIPPI $49,721MS MONROE COUNTY $2,975MS MOUNT OLIVE TOWN $1,300MS OCEAN SPRINGS CITY $6,314MS OLIve BRANCH CllY $4,373MS PASCAGOULA CITY $2,612MS PASS CHRISTIAN CITY $1,591MS PHILADELPHIA CITY $855MS POLKVILLE VILLAGE $1,050MS QUITMAN CITY $1,102MS SCOOBA TOWN $279MS SHANNON TOWN ·$835MS SHUQUALAK TOWN $1,233MS SIMPSON COUNTY $1,850MS TUPELO CITY $6,325MS VAIDEN TOWN $1,628MS VICKSBURG CITY $5.655MS WALNUT GROVE TOWN $977MS WILKINSON COUNTY $2,281MT BUTrE-SILVER BOW CITY AND COUNTY $4,380MT CASCADE COUNTY $16,875MT CHINOOK CITY $1,400MT CUT BANK CITY $142

Camille Peno

From:Sent:To:Subject:

Importance:

Camille Peno [[email protected]]Tuesday, September 29,200910:02 AM'[email protected]'; '[email protected]'; '[email protected]'Grant Approved for Bulletproof Vests

. High

I just logged on to the Bulletproof Vest Program website & learned that we have been approved for an award in the amount of $ 10,163.64. Thereis a 50% share requirement on this grant therefore we are authorized to purchase approx. 30 vests.

Section Receipts> Manage Receipts> Application Summary

Application Profile

OMS #1121-0235(Expires: 10/31/2006)

131

Jl.IrisdittiOn'.s Vest ~eplaCetT\ehtCvclE!:Unspent.BVP Funds Obi iga!edfor Vest Pl.IrchClses~

Emen<tenbiReplacementNeeds: •

.•• ZylOh~eplacements.

•••• Stolen or Damaged

•••• Off[cerTurnover

. .. .. - - - ...

Date Submitted to BVP:. .....

IS Years

$0.00

.141

2

8

Application Details

06/23/09

ApplicationStatus: IApproved by BVP

$97,149.00

$97,149.00

06/23/09

L______ Award Summary for FY2009 Regular Fun~ ._ _ ~1

Camille PenoHarrison County Sheriffs Office228.896.0660 Office228.297.5168 Mobile228.896.0608 Faxhttp:LIwww.harrisoncountysheriff.com!

2

·OateApprOved

08/31/09 Approved By BVP

J{eport Receipt of Vests https:/lextemal.ojp.usdoj.gov/bvp/vests/roleslsharedlreceiptsJeport.js..

Section Receipts> Manage Receipts> Choose a Vest to Report OMS #1121-0235(Expires: 10/31/2006)

Funds Source: Regular Fund

Vests listed on this page have been submitted on past applications. To continue, click the 'ReportReceipt of Vest' link next to the vest you would like to report. If you do not see your vest listed, clickthe 'Find Vest' button.

Only vests that were on the NIJ Active List on the date the order was placed may be reported.

1of!

Model Name

SE012

SE012F

Choose a Vest to ReportIVlanufacturer Specification Gender

Point Blank Body Armor, Inc:. IlIA MPoint Blank Body Armor, Inc:. IlIA F

Action

Report Receipt of Vest

Report Receipt of Vest

10/6/2009 12:53 PM

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 26

Supervisor KIM B. SAVANT moved adoption of the following: ""

ORDER DECLARING THE ITEMS, AS PER ATTACHEDLIST, AS JUNK, AND AUTHORIZING THE INVENTORYCLERK TO REMOVE SAME FROM THE COUNTY'SINVENTORY

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY DECLARE the items, as per attached list marked

Exhibit A, as junk, and HEREBY AUTHORIZES the Inventory Clerk to remove same from the

County's inventory.

These items were delivered to the Harrison County Beautification Department for proper

disposal.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

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MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 27

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER DECLARING THE ITEMS AS PER ATTACHEDLIST AS SURPLUS, AND AUTHORIZING THEINVENTORY CLERK TO REMOVE SAME FROM THECOUNTY'S INVENTORY LIST, TO BE SOLD AT THECOUNTY AUCTION ON OCTOBER 17,2009

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY DECLARE the items as per attached list, which list

follows this Order as Exhibit A, as surplus, and HEREBY AUTHORIZES the Inventory Clerk to

remove same from the County's inventory list, to be sold at the county auction on October 17,

2009.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

e Things far saleITEM SERIAL # ASSET #

Fisher 8mm camcorder 91402641Minolta 35mm camera 8506247Nikon 35mm camera 7540022 2318

Nikon 55mm lens 231998 2319Tamron135mm lens 649133Tamron 24mm lens 611970

Tamron 200mm lens 673178Nikon FE2 35mm camera 2376386

Nikon 50mm lens 308549Nikon 2x teleconverter lens 328721

Minolta flash 4219441Minolta flash 4219424

Pentax 35mm camera 4733613 Spotmatic FTakumar 300mm lens 6922641Takumar 135mm lens 6929591Takumar 50mm lens 6805945Takumar 35mm lens 6034460Takumar 50mm lens 7194819Takumar 35mm lens 6037490Takumar 50mm lens 6966905

Takumar 135mm lens 6925764

e Minolta 7000 35mm camera 33117982 6582Minolta 2x teleconverter

Minolta flashMinolta srt202-35mm camera 2304466 6518

Minolta 200mm lens 2018638Minolta 135mm lens 1313150Minolta 50mm lens 4129009

Vivitar flashMinolta 35mm camera 2347485

Circular saw 51/2" DeWalt 24V-050713Circular saw 7 1/2" Hitachi C454480

Concrete(chop) cutting saw Skihl 157354373XL shape power drill DeWalt 323750

14" cut off saw Chicago L11807077612" Compound Mitre dbl bevel saw DeWalt 2235320081612" Compound Mitre dbl bevel saw DeWalt 230016200817-49

2005 FORD CROWN VIC 2FAP71W95X136918 172822001 FORD CROWN VIC 2FAP71W11X181443 131791999 FORD CROWN VIC 2FAP71W6XX172732 174342001 FORD CROWN VIC 2FAP71WX1X181439 13161

2001 CHEVY TAHOE 1GNEC13T81J187872 128382005 FORD CROWN VIC 2FAP71W05X104715 171702001 FORD CROWN VIC 2FAP71W21X181421 131681999 FORD CROWN VIC 2FAP71W6XX172780 17433

1998 CHEVY TAHOE 1GN EK13RXWJ364372 10472

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69-15988

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10/6/2009 HARRISON COUNTY SHERIFF'S DEPARTMENT EVIDENCE LOG

. ) I~SE # DATE RECel OFFiCER VICTIM/SUSPECT

hNnCASE TYPE #

f'RT r.n I=RAllnITEM DESCRIPTION2 LARGE SPEAKERS

I SULlIVAfr]MCl DATE I lOCATION

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S. HENNIGR. PULLEN

R. PULLENR. PULLENR. PULLENR. PULLENR. PULLENR. PULLEN.R. PULLENR. PULLENR. PULLENR. PULLENR. PULLEN

G. GALLOWAY

SfJONATHAN NETHERLANDS/JONATHAN NETHERLAND

FfMARY PORTERS/BRAD ALLEN LACOMBE

SfMICHAEL JAMES HUDSONS/MICHAEL JAMES HUDSONS/MICHAELJAMES HUDSON

S/SANDRA JACOBSENS/SANDRA JACOBSENSfSANDRA JACOBSENS/SAN DRA JACOBSENS/SANORA JACOBSENS/SANDRA JACOBSENS1SANDRAJACOBSENS/SAN ORA JACOBSENSIJOHN W. FUSSELL

CRTCD FRAUDCRTCD FRAUD

FOUND ITEMLARCENY

1GRD LARCENYGRD LARCENYGRD LARCENYPOSS STO PROP

1poss STO PROPPOSS STO PROPPOSS STO PROPPOSS STO PROPpass STO PROPPOSS STO PROPPOSS STO PROP

FOUND ITEM

11

1312837456

2

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PIONEER STEREO AMfFM CASSETTE S# 302613VC I 1 AUCTION10 ASSORTED GOLF CLU BS (WOO 08/1 RONS) I f AUCTIONAMBASSADEUR TC5000C REEL W/BERKLEY I

LIGHTNING ROD . AUCTIONPENN 104 REEL W/SHAKESPEAAE UGLY STICK ROD i I AUCTIO NPENN 4500SS REEL W/FENWICK WOODSTREAM ROD I 1 AUCTION

1 BLUES CLUES BOOKMARK I I AUCTION1 CRYSTAL BALL NOVELTY (BARN ES & NOBLE) I AU CTION

1 HOME DECOR CANDLE ! i AUCTION2 8X10 PHOTOGRAPH FRAMES I I AUCTION

2 DAZZLERS BATH SOAP & LOTION GIFT SETS I AUCTION3 NOVELTY KEY CHAINS I 1 AUCTION5 WICKER BASKET SETS 1 I AUCTION

6 ASSORTED W1CKERIWIRE BASKETS i AUCTIONMOTOROLA RADIO WIMICROPHONE S# 356AUC0440 I I • AUCTION

AUCTION

AUCTiON

AUCTIONAUCTIONAUCTION

i AUCTION,-------

HP PC S# KR01 040589

2 SONY XPLOD SUBWOFFERS

JVC CAR STEREO 8# 130X3740

WESTESS DSL MODEM 8#04B4052631876 RINGS & 1 SILVER IN COLOR NECKLACE W/CHARM

CH E-EZ CAMERA S# 36701004291.

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101612009 HARRISON COUNTY SHERiFF'S DEPARTMENT EVIDENCE lOG

CASE # iOATE RECd, 1 I #1SULLIVAN I

FINAL DISPOSTIONOFFICER VICTIM/SUSPECT CASE TYPE ITEM DESCRIPTION MCL DATE I LOCATIONICJo~I¥J r306l21108 . T. MYERS FIPHllOMENA MURPHY FOUND ITEM I 1 I IBANEZ MUSIC AMPLIFIER S# S050804447 1 243 CID I- , ... , I 4722 243 (:ID AUCTION

..... 04-45316 06121/04 R. SANDERSON VlDANIEL GLENN SIMPlEASSlT I 1 EASTON ALUMINUM BASEBALL BAT <4;: 1..;1 AL HL-

ID

1,;-V THEFTIFRAU DIF04-45718 07107104 K. FAYARD S1KELLY ANN FORE ORGERY 1 E MACHINES COMPUTER MONITOR S# EVlEW17F3, 243 CID AUCTION

J' 04-59205 11112104 I J. RHODES VMlAYNE D. KRINER An AUTO THEFT 2 BOLT CUTTERS 243 CID AUCTiON.. 06=01035 01117/06 C.ORY SlPAUL W. LOONEY ASLTWIINJ 2 BAG WISMALL WOOD BAT 243CID I AUCTION16:07647 I 04117106 S. HENNIG SISTEVEN L WORRELL PETIT LARCENY 1 BOLT CUTTERS - TASK FORCE 243 CID AUCTION

~6-10816 I 06105106 D.BYERS SNINCENT V. OWENS MAL MISCHIEF 1 WHITE BASEBALL BAT 243 cm AUCTION6-13916' 07124106 C. ELLIS SILATASHA CHANNE DORSEY DOMVIOL 2 MINATURE BASEBALL BAT 243 CID I AUCTION. 6-19296 I 10/11106 RSIDAWAY S/DALE PATRICK SHELTON, JR. ASSAULT 1 POOL STICK 243 CID I AUCTlON

V GRAY BELL EXPRESS 910 RADAR DETECTOR S#,

v 06-24047 01116108 C.OVERSTREET S/DARVIN A. RIVERA RADARCMV 1 3035488 243 CID AUCTION.. ":07-01341 01/23107 P. ELMORE SIMAR!lYN COLEMAN DOMVIOL 1 lOUISVILLE SLUGGER BASEBALL BAT 243 CID AUCTION

~. Q7-06637 01/18108 G. FAYARD SfROBERTO FELIX RADAR CMV 1 COBRA 360 RADAR DETECTOR S# 509013488 243 CID AUCTION

07-061>22 01118108 C. OVERSTREET I SIFRANK HUNTER FARLEY RADARCMV 1 BLACK BEL EXPRESS 916 RADARDETECTOR 243CID AUCTION

1

BAG WILEXUS CAR SOUND SYSTEM # RGOO0360;

~V PIONEER CAR CD PLAYER # ACTM018648UC;

PIONEER CARD RADIO # UETM016839UC; PIONEER07-08423. 05/16107 C. RHODES SfJARRAD ElLSBERRY POS STO PROP 1 CAR RADIO # FBTM020203UC 243 CID AUCTION

~ 07-10418: 06111107 C. ROBERTS SfPAUL WAYNE LOONEY DOMVlOL 1 KNIFE W/SHEATH 243CID~

AUCTIONfl-10418 06111107 C.ROBERTS SIPAUL WAYNE LOONEY DOMVIOL 2 SWORD WISHEATH 243 CID , AUCTlON7-11913 01118108 JMJOHNSON S/GEORGE M. GLASS RADAR CMV 1 VALENTINE RADAR DETECTOR S# 5744210525 243 CID AUCTION7-13539 01118108 : JM JOHNSON S/JONATHAN B. PEELER RADARCMV 1 ROCKY MOUNTAIN RADAR DETECTOR S# 430570127 243 CID AUCTION

~ 7-13816 01116108 i JMJOHNSON S/JACKA. CHIUNGARYAN RADAR CMV 1 COBRA 360 RADAR DETECTOR S# 612000820 I 243 CID AUCTION, 07-13855 08107/07 1 C. JUDY,

VICHARLES JAMES SEAL BURG RES 2 BOLT CUTTERS 243CID AUCTION,( i"'li7-13855 08107107 I C. JUDY V/CHARLES JAMES SEAL BURG RES 3 CROWBAR 243 CID I AUCTlON~ 07-14372 01/18108 I C. OVERSTREET S/ERNESTO ANTONIO DIAl RADAR CMV 1 UNIDEN GPSRD RADAR DETECTOR S# 16000609 243 CID AUCTION

~ 1--;;7-149461 01/18/01;1 I ESCORT PASSPORT 8500 RADAR DETECTOR S#C. OVERSTREET SIN ELSON O. GIRON RADARCMV 1 2EZ2582152 243 CID AUCTION

07-15529! 09/04107 W. CORREA S/GENA ANN DONlD DOM.VIOl 1 ALUMINUM BASEBALL BAT I 243CID AUCTION... 07-16230 ' 01118/06 C.ORY SfLAWRENCE E. MITCHELL RADARCMV 1 WHISTLER 1773 RADAR DETECTOR I 243 CID AUCTION

"" ,07-17101 01118108 JMJOHNSON SfRICKEY E. RIGDON RADAR CMV 1 BElTRONICS STI RADAR DETECTOR S# AX0137794306 243 CID I AUCTJON, 07-17418 01116108 JMJOHNSON S/EUSEO MARTINEZ, III RADAR CMV 1 VAlENnNE 1 RADAR DETECTOR S# 2864690805 243 CID I AUCTION Iv

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BLACK BELTRONICS 985 RADAR DETECTOR S#!

V.07-18475 01118108 C.OVERSTREET SIDAVIDALLEN SHUE RADAR CMV 1 B066491 243 CID AUCTION07-19099 01116108 C.OVERSTREET SIDENNIS STAFFORD BAKER, JR. i RADARCMV 1 WHISTLER 1730 RADAR DETECTOR S# 4277629 I 243CID I AUCTION

, -1J7-19108 10129107 B. SWANN VIDOMINICK J. BRllLON BURG BUS 1 ARROW; BOX WIARROW HEAD 243 CID i AUCTION07-22891 01/11108 E. DAWSON SlJESSIE RAY; ESTEVEN CORNISTA STOVEH 1 GAMMO PELLET GUN WISCOPE S# 0141C14767907 243 CID AUCTlON

:- 06-16155 09124108 C. MITCHELL VNINCENT SEYMOUR MAL MISCHIEF 1 POOl STICK AND CASE I 243 CID AUCTIONJ- DB-17367 1 10/16108 F. LEWIS SfTRAVIS JOHN LANKEY SIMPLE ASlT 1 ~ DAIS'H>B RIFLE S# 014992 I 243 CID I AUCTION

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I SULLIVAN!OFFiCER I VICTIM/SUSPECT CASE TYPE I # ITEM DESCRIPTION IMCLDATEI LOCATION

BLUE BACK PACK WIH P LAPTOP S# CN D6123244H;C. FULLILOVE /-'u(.;:> I U;:'HI!:lJ\ LA!"' J Lw 011' ,

C. RHODES SIWILLIAM DONALD BERRY FORGERY 2 I MY53V610DN; MISC ITEMS I I AUCTtONiC. FULLILOVE FIKERRY LYNETT HODGES I FOUND1TEM I 1 I BAG W/IPOD; FLASHLIGHT; COINS I I AUCTION

C. JUDY F/JILL SMITH FOUND ITEM 1 IPOD HOLDER SYSTEM S# 0640010947 I I AUCTIONi I VISTEPHAINE BENNETT BURGLARY 1 ENVELOPE W/LADI ES WRIST WATCH ! ! AUCTION

I c. PRENDERGAST I I I AUCTIONS/ANDREW CALVIN LIVINGS, JR. BURG BUS 1 CASTLE STERILIZER S# AA34367 SHELF

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HARRISON COUNTY SHERIFF'S DEPARTMENT EVIDENCE LOG

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OFFICERA. KELLY

i VICTIM/SUSPECT CASE TYPE ITEM DESCRIPTlONeTX MONITOR W/SPEAKERS S# 1W112B0390B

I!=:PI=AKI=R!=: i;;# f:NNHMOE347

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101612009 HARRISON COUNTY SHERIFF'S DEPARTMENT EVIDENCE LOG

CASE # !OATE RECD04125109

06/15109

~9.Q7435 I 06115/09 I

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OFFICERG. POWELL

D. DULONG

D. DULONG

D.DULONG

VICTIM/SUSPECTFIDEPUTY G. POWELL

F/BILLYW. MOSHER

FIBILLY W. MOSHER

F/B1LlYW. MOSHER

CASE TYPE I # I ITEM DESCRIPTIONFOUND ITEM 1 1~ DEWALT TRIPOD

. . I ..~ CAr> 'MI~ wr",,", L"~'''LED,.SAWS;ASSORTEDPROPERTY I 2 I SOCKETS

·1 RECOVEREq IBAG WIMETAL BOW SAW; 2 FLASHLIGHTS; RUBBERPROPERTY 3 MALLET; PIPE WRENCH

RECOVEREDPROPERTY 1 ROOF SCRAPE

\SULLIVAN IMCl DATE LOCATION

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CASE TYPEFOUND ITEM

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MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 28

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING ENTERING INTO A SERVICEAGREEMENT BY AND BETWEEN SENTINEL OFFENDERSERVICES, LLC AND HARRISON COUNTY, AS REVISEDBY THE BOARD ATTORNEY, AND AUTHORIZING THEBOARD PRESIDENT TO EXECUTE SAME

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE entering into a service agreement by

and between Sentinel Offender Services, LLC and Harrison County, as revised by the Board

Attorney, and HEREBY AUTHORIZES the Board President to execute same, which agreement

follows this Order as Exhibit A.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

orcler, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

SENTINEL OFFENDER SERVICES

GLOBAL POSITIONING SATELLITE (GPS)

And

RADIO FREQUENCY Monitoring AGREEMENT

This SERVICES AGREEMENT (this "Agreement") dated as of September 16, 2009, isentered into by and between Sentinel Offender Services, LLC, a Delaware limited liability company("Sentinel"), having its principal place of business at 220 Technology Drive, Suite 200, Irvine,California 92618, and Harrison County Mississippi, through its Board of Supervisors and the Sheriff ofHarrison County, Mississippi ("hereinafter jointly referred to as Customer") whose Adult DetentionCenter is located at 10451 Larkin Smith Drive, Gulfport, Mississippi.

RECITALS

A. Sentinel is engaged in the business of providing the Services (as defined at Section 1.1)to courts, probation departments, sherifI's departments, and community correctional entities.

B. Customer desires to supervise a certain portion of their offenders in a GlobalPositioning Satellite (GPS) supervision and tracking program that is to monitor the offenderthrough one of the different levels of monitoring provided by Sentinel.

C. Customer may also desire to supervise a portion of their offenders currently in custodyon an electronic monitoring program that is to monitor the offender at his residence.

D. Customer desires to have program participants given random urinalysis while involvedin the program. The cost of the urinalysis will be the responsibility of the program participant.Sentinel reserves the right to refuse to provide testing for those offenders that do not pay for thetesting.

E. Customer also desires to have program partICIpants engaged in various programcomponents based on risk assessments conducted by Sentinel staff. Program options include,but are not limited to, substance abuse, anger management, shoplifting, Moral ReconationTherapy, and other cognitive skills programs.

F. Sentinel and Customer desire to enter into a relationship whereby Sentinel shall providethe Services to Customer on the terms and subject to the conditions set forth herein.

G. Sentinel and Customer desire to enter into an agreement in which Sentinel will provideCustomer with the appropriate number of Sentinel employees to perform installations,enrollments, troubleshooting, cleaning of equipment, collections of fees, and inventorymanagement. Customer agrees to provide Sentinel with facilities to perform these functions.

H. Customer desires to place certain offenders as determined by the Sheriff of HarrisonCounty, Mississippi in a Sentinel Offender Funded Program Sentinel for electronic monitoringservices that include Radio Frequency and Global Positioning Satellite Tracking. The paymentfor the services rendered to the offenders will be the sole responsibility of the offenders.

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However, Customer agrees to pay a flat per day rate for those offenders who are indigent andreceive the electronic monitoring services for medical reasons, but not for any additionalindigent offenders.

NOW THEREFORE, in consideration of the above recitals and in consideration of the mutualagreements and undertakings set forth below, and other good and valuable consideration, thereceipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Section 1. Services; Equipment; and Customer's Responsibilities

1.1 Services to be Performed. During the Term (as defined at Section 3.1), Sentinelshall provide to the Customer services described at Exhibit "A" attached hereto (the"Services"). Sentinel shall provide the Services by qualified personnel in a professionalmanner. SENTINEL ACKNOWLEDGES THAT THE HARRISON COUNTY SHERIFFHAS INFORMED SENTINEL MISSISSIPPI LAW DOES NOT ALLOW THE SHERIFF ORTHE COUNTY TO LIMIT LIABILITY, DAMAGES, OR REMEDIES. HOWEVER, TOTHE EXTENT, IF ANY, MISSISSIPPI LAW MAY ALLOW, CUSTOMER AGREES TOTHE WAIVER OF LEGAL RIGHTS, LIMITATIONS OF LIAIBLITY OR RESTRICTIONSOF LEGAL REMEDY STATED HEREIN. SENTINEL DISCLAIMS ALL OTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customeracknowledges that Sentinel's ability to provide the Services effectively is dependent on factorsoutside of its control, including without limitation, prompt reporting by Customer of observeddefects or deficiencies in any equipment assigned to or retrieved from participant offenders,proper maintenance of equipment by Customer, extended power outages, disconnection orother loss/interruption of telephone lines, operation of wireline and wireless networks, internetconnectivity, and scrambling, interruption, suspension, or other interference in the transmissionof radio signals or signals to or from global positioning satellites. Accordingly, Customeracknowledges that Sentinel is making no representation or warranty that the provision ofServices will be made available without interruption or will operate error- free.

1.2 Equipment. During the Term, Sentinel shall provide and maintain certain equipment("Sentinel Equipment") in connection with its provision of the Services. All Sentinel Equipmentprovided under this Agreement shall remain the sole and exclusive property of Sentinel. SentinelEquipment in Customer's possession, custody or control is set forth at Exhibit "B" attached hereto("Customer-Controlled Equipment").

1.3 Customer's Responsibilities. In addition to any other obligations of the Customer forth herein,Customer shall be responsible for the obligations set forth at Exhibit "c" attached hereto("Customer Responsibilities").

Section 2. Service Fees and Payments

2.1 Service Fees. For those offenders capable ofpaying for services rendered, Sentinel shall collectfrom the offender an amount determined by a sliding fee scale assessment performed by Sentinel.Offender will be responsible for an up front payment equivalent to one week's worth of fees whenplaced in the program. Customer only agrees to pay a flat per day rate for indigent offenders whoreceive the equipment for medical reasons, but not for any additional indigent offenders. Customershall agree to enforce the payment of fees to Sentinel through all legal means. The fee structure in

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regards to the flat daily rate to be paid by the Customer only applies to indigent offenders who receivethe equipment for medical reasons, and not for any additional indigent offenders, as defined and setforth in Exhibit "D" attached hereto (the "Fee Table"). Sentinel shall calculate the Service Fees owedby each offender and collect on a weekly basis. The fees will be due and payable in full each week.

2.2 Payments and Acceptance. Unless otherwise stated in the Fee Table, all payments requiredunder this Agreement shall be made by cash or money order. Customer acknowledges and understandsthat acceptance by Sentinel of any payments under this Agreement shall not prevent Sentinel at anylater date from disputing the amount owed or from demanding more information from the offenderregarding payments finally due.

Section 3. Term; Termination; and Suspension

Term. This Agreement is effective as of November 1,2009, and shall continue in full force and effectuntil October 31, 2010, (The "Initial Tenn"). This Agreement may be renewed ("Renewal Term")upon the expiration of the Initial Term.

3.1 Tennination. Upon a party's material breach of the terms and conditions of this Agreement, thenon-breaching party shall notify the breaching party in writing indicating the nature of such breach. Ifthe breaching party fails to cure the breach within 60 calendar days of its receipt of written notice fromthe non~breaching party, the non-breaching party may immediately terminate this Agreement.

3.2 Rights Upon Termination. Upon termination or expiration of this Agreement:

(a) Sentinel shall immediately cease to provide the Services; provided, however, thatSentinel shall continue to provide the services described at Exhibit "E" attached hereto("Post-Termination Services")~

(b) Each party shall return to the other party all copies of any Confidential Information (asdefined at Section 5.1) or other materials received fl'om the other party~

(c) Sentinel shall give to Customer all copies of Private Information (as defined at Section5.3);

(d) Sentinel will continue to collect all fees due and owing under this Agreement as of thedate of termination or expiration ofthis Agreement~and

(e) If requested by either party, the parties will issue a mutually acceptable communicationregarding the termination or expiration of the Agreement.

3.3 Suspension. Sentinel reserves the right, but assumes no obligation, to suspend performanceimmediately if: in Sentinel's reasonable judgment, The Customer has materially breached anyobligation set forth herein.

3.4 Lost and damaged. Sentinel reserves the right to charge the program participant forreimbursement if Sentinel equipment has been lost or damaged.

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Section 4.Marketing

Customer agrees that Sentinel may include the name of the Customer in listings of Sentinel'sCustomers.

Section 5.Confidentiality and Privacy

5.1 Nondisclosure and Limited Use. Each party acknowledges that by reason of itsrelationship to the other party under this Agreement it will have access to certain informationand materials concerning the other party's business, plans, Customers (including criminalrecords), technology and products that are confidential and of substantial value to such party("Confidential Information"), which value would be impaired if such ConfidentialInformation were disclosed to third parties. Each party agrees to maintain all ConfidentialInformation received from the other party, both orally and in writing, in confidence and agreesnot to disclose or otherwise make available such Confidential Information to any third partywithout the prior written consent of the disclosing party. Each party further agrees to use theConfidential Information only for the purpose of performing this Agreement.

5.2 Exclusions. The parties' obligations of non-disclosure and limited use set forth atSection 5.1 shall not apply to Confidential Information which: (a) is or becomes a matter ofpublic knowledge through no fault of or action by the receiving party; (b) was rightfully in thereceiving party's possession prior to disclosure by the disclosing party; (c) subsequent todisclosure, is rightfully obtained by the receiving party from a third party who is lawfully inpossession of such Confidential Information without restriction; (d) is independently developedby the receiving Party without resort to Confidential Information which is confidential underthis Agreement; or (e) is required by law or judicial order, provided-that prior written notice ofsuch required disclosure is furnished to the disclosing party as soon as practicable in order toafford the disclosing party an opportunity to seek a protective order and that if such ordercannot be obtained disclosure may be made without liability. Whenever requested by adisclosing party, a receiving party shall immediately return to the disclosing party allmanifestations of the Confidential Information, or, at the disclosing party's option, shalldestroy all such Confidential Information as the disclosing party may designate.

5.3 Private Information. Sentinel acknowledges and understands that it may producecertain private information, records and other materials concerning inmates, probationers,juveniles and other private persons that are confidential ("Private Information") thedisclosure of which may violate applicable privacy laws. Sentinel shall maintain all privateinformation in confidence and agrees not to disclose or otherwise make available such privateinformation to any third party without the prior written consent, provide, however, that Sentinelshall be entitled to disclose any private information to the extent required by law or judicialorder. Sentinel further agrees to use the private information only for the purpose ofperforming this Agreement.

Section 6.Representations and Warranties

Each party to this Agreement represents and warrants to the other that (a) it has fullpower and authority to execute and deliver this Agreement and to perform its obligationshereunder; (b) this Agreement has been duly authorized by all necessary action on the part ofsuch party and constitutes a valid and legally binding obligation of such party, enforceable in

4

accordance with its tenns and conditions; (c) such party need not give any notice to, make anyfiling with, or obtain any authorization, consent, or approval of any government orgovernmental agency in order to consummate the transactions contemplated by this Agreement;and (d) such party is not a party to any written or oral agreement, understanding, arrangementor contract that prohibits the perfonnance of its obligations hereunder.

Section 7.Acknowledgments

Customer acknowledges that Sentinel is providing the Sentinel Equipment and theServices specifically referenced in Exhibit A hereto. Sentinel is not involved in establishingcriteria or otherwise providing advice or guidance on the selection of participant offenders, itbeing understood that all risk associated with selection and course of monitoring is expresslyborne by the Customer. In addition, the Customer acknowledges that Sentinel has not madeany representation or warranty that the Services will be available without interruption or thatthey will be provided error free. Customer assumes full responsibility for responding to alertsignals indicating violations by participant offenders. -

Section 8.Limitation of Liability

8.1 Disclaimer. Customer acknowledges that it is solely responsible for the decision touse the Services and all decisions regarding the selection of third parties that will have access toor contact with the Services, including, without limitation, probationers, juveniles andCustomer's employees. SENTINEL ACKNOWLEDGES THE HARRISON COUNTYSHERIFF HAS INFORMED SENTINEL THAT MISSISSIPPI LAW DOES NOT ALLOWTHE SHERIFF OR THE COill\JTY TO LIMIT LIABILITY, DAMAGES OR REMEDIES.HOWEVER, TO THE EXTENT, IF ANY, MISSISSIPPI LAW MAY ALLOW, CUSTOMERAGREES TO THE WAIVER OF LEGAL RIGHTS, LIMITATION OF LIABILITY ORRESTRICTIONS OF LEGAL REMEDY STATED HEREIN. SENTINEL DISCLAIMS ANYAND ALL RESPONSIBILITY OR LIABILITY FOR THE CUSTOMER'S DECISIONSDESCRIBED IN THIS SECTION 8.1.

8.2 Service Availability. Customer acknowledges Sentinel's ability to provide theServices effectively is dependent on factors outside of its control, including without limitation,prompt reporting by the Customer of observed defects or deficiencies in any equipmentassigned to or retrieved from participant offenders, proper maintenance of equipment by theCustomer, extended power outages, disconnection or other loss/interruption of telephone lines,operation of wire line and wireless networks, internet connectivity, and scrambling,interruption, suspension, or other interference in the transmission of radio signals or signals toor from global positioning satellites. Accordingly, the Customer acknowledges that Sentineldoes not warrant that the services will function on an error-free basis. At any given time, theequipment or software used in connections with this agreement may malfunction and failures inthe services may occur from time to time.

SENTINEL ACKNOWLEDGES THE HARRISON COUNTY SHERIFF HAS INFORMEDSENTINEL THAT MISSISSIPPI LAW DOES NOT ALLOW THE SHERIFF OR THECOUNTY TO LIMIT LIABILITY, DAMAGES OR REMEDIES. HOWEVER, TO THEEXTENT, IF ANY, MISSISSIPPI LAW MAY ALLOW, CUSTOMER AGREES TO THEWAIVER OF LEGAL RIGHTS, LIMITATION OF LIABILITY OR RESTRICTIONS OFLEGAL REMEDY STATED HEREIN. HOWEVER, TO THE EXTENT, IF ANY,

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MISSISSIPPI LAW MAY ALLOW, SENTINEL WILL NOT BE LIABLE FOR ANYDAMAGES OR HARMS, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE,PERSONAL INJURY, BODILY INJURY, ILLNESS OR DEATH, THAT THE CUSTOMEROR THE CUSTOMER'S EMPLOYEES, AGENTS OR OTHER AFFILIATES MAY INCURARISING OUT OF SENTINEL'S OPERATIONS OR ITS PROVISION OF OR FAILURETO PROVIDE THE SERVICES.

Customer affirms it has requested that Sentinel provide electronic monitoring by globalpositioning satellite (GPS) to certain participants. All participants identified for GPSmonitoring have been selected independently by the Customer without input, advice or otherinvolvement of Sentinel and Sentinel has agreed to comply with instructions of the Customeron the scope of monitoring for each selected participant.

The Customer acknowledges that Sentinels' ability to track the movement of participants byGPS and to alert authorities in accordance with instructions of the Customer is dependent onfactors outside of Sentinel's control, including without limitation, the scrambling, interruption,suspension or other interference in the transmission of signals to or from global positioningsatellites, disconnections or other loss/interruption/interference of cellular and landlinecommunications, coverage limitations of cellular networks" internet connectivity, poweroutages, maintenance and care of GPS equipment provided by Sentinel to participants, andproper functioning of equipment and software provided by third party vendors. Accordingly,Sentinel makes no representation or warranty that GPS services will operate withoutinterruption or on an error-free basis. SENTINEL ACKNOWLEDGES THAT THEHARRISON COUNTY SHERIFF HAS INFORMED SENTINEL MISSISSIPPI LAW DOESNOT ALLOW THE SHERIFF OR THE COUNTY TO LIMIT LIABILITY, DAMAGES ORREMEDIES. HOWEVER, TO THE EXTENT, IF ANY, MISSISSIPPI LAW MAY ALLOW,CUSTOMER AGREES TO THE WAIVER OF LEGAL RIGHTS, LIMITATION OFLIABILITY OR RESTRICTIONS OF LEGAL REMEDY STATED. TO THE EXTENT, IFANY, MISSISSIPPI LAW MAY ALLOW, CUSTOMER WILL NOT HOLD SENTINELLIABLE FOR ANY HARM OR DAMAGE RESULTING FROM MATTERS OUTSIDE OFITS DIRECT AND IMMEDIATE CONTROL. TO THE EXTENT, IF ANY MISSISSIPPILAW WILL ALLOW, CUSTOMER WILL NOT HOLD SENTINEL LIABLE FOR ANYPUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES.

Customer recognizes the risks inherent with GPS monitoring and acknowledges that it hasconsidered and assumed all such risks in selecting participants, prescribing the scope andcourse/level of monitoring, and establishing the response protocols for any electronicmonitoring program to be conducted by Sentinel. To the extent, if any, Mississippi law willallow, Customer agrees that Sentinel shall not be liable to Customer for any and all damages,losses, liabilities, and expenses (including reasonable attorney's fees) which hereafter may beincurred by Sentinel arising in connection with its provision of GPS monitoring services to theextent such risks have been expressly assumed by the Customer or otherwise are outside ofSentinel's direct and immediate controL

8.3 Limitation of damages. SENTINEL ACKNOWLEDGES THAT THE HARRISONCOUNTY SHERIFF HAS INFORMED SENTINEL THAT MISSISSIPPI LAW DOES NOTALLOW THE SHERIFF OR THE COUNTY TO LIMIT LIABILITY, DAMAGES ORREMEDIES. HOWEVER, TO THE EXTENT, IF ANY, MISSISSIPPI LAW MAY ALLOW,CUSTOMER AGREES TO THE WAIVER OF LEGAL RIGHTS, LIMITATION OF

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LIABILITY OR RESTRICTIONS OF LEGAL REMEDY STATED HEREIN. To the extent, ifany, Mississippi law may allow, Sentinel's aggregate liability to the Customer relating to orarising out of this Agreement, whether in contract, tort, or otherwise, shall not exceed $15,000.Except for breach of any confidentiality or privacy obligations, neither party, nor any of itsofficers, directors, shareholders, employees, agents independent contractors, representatives, oraffiliates shall be liable to the other party or any of its officers, directors, shareholders,employees, agents, independent contractors, representatives, or affiliates for punitive, special,consequential, incidental, or indirect damages including, without limitation, lost profits, arisingin connections with the services, even if such party has been advised of the possibility of suchdamages.

8.4 Independent contractor. The parties agree that Sentinel is an independent contractor as thatterm is commonly used and is not an employee of the Customer. As such, Sentinel is solelyresponsible for all taxes and none shall be withheld from th~ sums paid to Sentinel.SENTINEL ACKNOWLEDGES THAT IT IS NOT INSURED IN ANY MANNER BY THECUSTOMER FOR ANY LOSS OF ANY KIND WHATSOEVER.

8.5 Subcontracting. The parties agree that Sentinel shall not subcontract, assign or delegateany portion of this agreement or the services to be performed hereunder without prior writtenapproval of the Customer. In the event that the Customer approves of any such subcontracting,assignment or delegation, Sentinel shall remain solely responsible for managing, directing andpaying the person or persons to whom such responsibilities or obligations are sublet, assignedor delegated. Sentinel shall take sole responsibility for the quality and quantity of any servicesrendered by such persons. Any consent given in accordance with this provision shall not beconstrued to relieve Sentinel of any responsibility for performing under this agreement.

8.6 Authority to Bind Contractor. Notwithstanding anything in this agreement to the contrary,the signatory for Sentinel represents that he has been duly authorized to execute agreements onbehalf of the company designated above and has obtained all necessary or applicable approvalfrom the home oflice of the company to make this agreement fully binding upon the companywhen his signature is affixed and accepted by the Customer.

Section 9.General Provisions

9.1 Assignment. This Agreement and all rights and duties hereunder may not be assigned,mortgaged, sublicensed, delegated, or otherwise encumbered by any party or by operation oflaw without the prior written consent of the other party, which consent shall not beunreasonably withheld, except that a party's rights hereunder may be transferred to asuccessor of all or substantially all of the business and assets of the party regardless of howthe transaction or series of related transactions is structured.

9.2 Notices. All notices, requests, or other communications required or permitted to be givenhereunder or which are given with respect to this Agreement shall be in writing (includingtelecopy) and, unless otherwise expressly provided herein, shall be delivered (a) by handduring normal business hours, (b) by Federal Express, United Parcel Service or otherreputable overnight commercial delivery service (collectively, "overnight courier"), (c) byregistered or certitied mail (return receipt requested) or (d) by telecopy, addressed as follows:

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If to Sentinel:Sentinel Offender Services, LLC220 Technology DriveSuite 200Irvine, California 92618Telephone No.: (949) 453-1550Facsimile No.: (949) 453-1554Attention: Robert A. Contestabile, President

With a copy to:Stradling, Tocca, Carlson and RauthAttn: Mr. Bruce Feuchter660 Newport Center Drive, Suite 1600Newport Beach, CA 92660949.725.4123

If to Customer:Harrison County Sheriff s DepartmentPost Office Box 1480Gulfport, MS 39502Telephone No.: (228) 896-0606Attention: Sheriff Melvin T. Brisolara

Pam UlrichHarrison County AdministratorP.O. Drawer CCGulfport, MS 39502(228) 865-4116

Any such notice shall be effective for purposes of determining compliance with the timerequirements herein (a) at the time of personal delivery, if delivered by hand, (b) at the timeaccepted for overnight delivery by the overnight courier, if delivered by overnight courier,(c) at the time of deposit in the United States mail, postage fully prepaid, if delivered byregistered or certified mail, or (d) at the time of confirmation of receipt, if delivere~bytelecopy.

If either party changes its address for purposes of notices hereunder, such party shallgive written notice of such change to the other party in accordance with this Section.

9.3 Entire Agreement. This Agreement (together with the other written agreementsspecifically referred to herein) shall constitute the entire agreement between the partieshereto and shall supersede any other agreements, whether oral or written, express orimplied, as they pertain to the transactions contemplated herein. No revision, change,amendment, addendum or modification of this Agreement shall be effective unless made inwriting and signed by both of the parties hereto.

8

9.4 Governing Law And Choice Of Forum. This Agreement shall be construed andgoverned in accordance with the internal laws of the State of Mississippi. In the event anylegal action becomes necessary to enforce or interpret the terms of this Agreement,including but not limited to any applications for temporary restraining orders, temporary orpermanent injunctions, or to enforce the decision of an arbitrator rendered in accordancewith Section 9.4, the parties agree that such action will be brought in Harrison County, andthe parties hereby submit to the exclusive jurisdiction of said courts.

9.5 Attorney's Fees. In the event of any action or claim between the parties hereto relatingto the Agreement or the breach, the prevailing party in such action shall be entitled torecover from such other party the costs and expenses of such prevailing party, includingreasonable fees of attorneys and other advisors, incurred in taking or defending such actionor claim. Each party has the right to negotiate the total sum,allowed for attorney feesincurred by the other party.

9.6 Nonsolicitation of Employees. The undersigned parties agree not to solicit, hire orinitiate any direct conversations regarding hiring any employee of the other party, withoutthe prior written consent of the person's current employer.

9.7 Counterparts. This Agreement may be executed in one or more counterparts, each ofwhich shall be deemed an original but all of which together will constitute one and the sameinstrument.

9.8 Severability. If any provision of this Agreement is found by any court of competentjurisdiction to be invalid or unenforceable, such provision shall be deemed to be modifiedto the minimum extent necessary to cause it to be valid and enforceable and the invalidityor unenforceability of such provision prior to such modification shall not afTect the otherprovisions of this Agreement and all provisions not affected by the invalidity orunenforceability shall remain in full force and effect.

9.9 Remedies Not Exclusive. No remedy conferred by any of the specific provisions of thisAgreement is intended to be exclusive of any other remedy, except as expressly provided inthis Agreement or any Exhibit thereto, and each and every remedy shall be cumulative andshall be in addition to every other remedy given hereunder or now or hereafter existing inlaw or in equity or by statute or otherwise. The election of anyone or more remedies shallnot constitute a waiver of the right to pursue other available remedies.

9.10~aiver. Failure of either party at any time to require the performance of anyprovision under this Agreement shall not affect the right of such party to require fullperformance thereafter and a waiver by either party of a breach of any provision of thisAgreement shall not be taken or held to be a waiver of any further or similar breach or asnullifying the effectiveness of such provision.

9.11 Force Majeure. If performance hereunder is interfered with by any condition beyonda party's reasonable control (a "Force Majeure Event"), the affected party shall beexcused from such performance to the extent of such condition, provided, however that if aForce Majeure Event detrimentally affects a party's performance of a material covenanthereunder for 30 days or more, the other party can terminate this Agreement. The party

9

whose performance is prevented by a Force Majeure Event shall immediately inform theother party of the state of affairs.

9.12 Independent Contractors. Sentinel and the Customer are independent entities, and noagency, partnership, franchise, joint venture or employment relationship is intended orcreated by this Agreement. No party shall make any warranties or representations on behalfofany other party.

{signatures follow}

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IN WITNESS WHEREOF, the Customer and Sentinel have executed this Agreement on

the dates shown below.

HARRISON COUNTY BOARD OF SUPERVISORS ("Customer")

By~ _

Its: President

Date: _

SHERIFF'S DEPARTMENT, HARRISON COUNTY, MISSISSIPPI

By: _

Its: Sheriff

Date: _

SENTINEL OFFENDER SERVICES, LLC ("SENTINEL")

By: _

Tim Barttrum, Vice President of Sales

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Date: _

EXHIBIT "A"

THE SERVICES

• Basic Services

Sentinel will provide GPS and Radio Frequency electronic monitoring equipment that is to beused by Customer. A Sentinel representative will install and issue this equipment toindividuals that the Customer deems appropriate to participate on either a Global PositioningSatellite tracking system and or a Radio Frequency monitoring system.

• Training Services

Sentinel will provide the necessary training to Customer personnel prior to provision of theequipment. If required, Sentinel can provide training to other Customer personnel at a centralfacility as the program expands at no charge to the Customer.

• Maintenance Services

Sentinel will assume the responsibility of properly maintaining the equipment. However,program participants will be required to maintain the equipment in a functional manner.Program participants will be held liable for all damaged and or lost equipment. Sentinel staffwill keep adequate records of all equipment assigned to program participants assigned by theCustomer. The rates for lost and damaged equipment are listed in Exhibit D "Lost andDamaged Equipment Schedule".

• Hours of Operation

The Sentinel SenTrak offender tracking software operates 24 hours a day, 7 days a week, 365days a year. Our National Service Center supports this operation at all times. The NationalService Center operates seven (7) days a week, twenty-four (24) hours a day, throughout theyear. Our monitoring center can be contacted at 800.551.4911. Sentinel will provide staff thatwill maintain operating hours during normal business hours. The operating hours are definedas Monday through Friday from 8:00 a.m. to 5:00 p.m. Sentinel staff will facilitate allenrollments, schedule changes, troubleshooting, deletions from the system, collections ofprogram fees from offenders, and maintain adequate inventory levels.

• Reports

For report and activity information, the Customer will be able to access our SenTrak softwarethrough either a standard computer or laptop connection. Sentinel staff will also provide adaily report to Customer as requested for participant information and transactions.

• Record Retention

All monitoring activity reports remain accessible for a period of five (5) years. Retrieval ofcurrent client activity records is accessible immediately, while retrieval of records that mayhave been archived due to extensive completion dates may require a minimum of 72 hours toretrieve and deliver to Customer personnel.

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EXHIBIT "B"

CUSTOMER-CONTROLLED EQUIPMENT

As required by this Agreement, Sentinel will provide to the Customer the required amount ofelectronic monitoring equipment in order for successful operation of the program. This equipment willbe provided to the Customer at no cost. The program participant will incur cost on daily incrementsfrom the time of equipment installation until the time of the equipment's removal from the ofIender. Itwill be the Customer's responsibility to notify Sentinel, of all equipment installations and removals inorder to maintain a correct billing record. Sentinel will not be responsible if the Customer fails todelete an offender from the program on the required date, and the offender iIIcurs additional charges.

As part of this program, Sentinel will provide all of the necessary equipment to operate the program.Program participants will be responsible for the reimbursement of lost and damaged equipment.Program participants shall agree to reimburse Sentinel for all losses, at the rates as outlined underExhibit D, Lost or Damaged Equipment Schedule.

EXHIBIT "C"

CUSTOMER RESPONSIBILITIES

Sentinel agrees that its' representatives will use all of the proper paperwork and transmittalsthat are required in order to properly and efficiently monitor an offender. This includes, but isnot limited to, providing complete offender information forms to Sentinel's NationalMonitoring Center, maintaining a reasonable inventory for future participants, keeping anappropriate record of all equipment in use including alleged problems with any units. Programparticipants will agree to the prompt payment of any service fees due to Sentinel as stated inthis Agreement.

Customer shall be responsible for enforcing payment, by the offender, to Sentinel OffenderServices, LLC. For those offenders who receive the equipment for medical purposes and areunable to pay the program fees, Customer will be responsible for payment as noted in ExhibitD; however, Customer will not be responsible for the payment of fees incurred by any otherindigent offenders.

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EXHIBIT "D"

FEE TABLE

The Customer shall pay the following flat daily rate only for indigent offenders who receive theelectronic monitoring equipment for medical reasons, and not for any other indigent offenders:

SERVICES

Daily Electronic Monitoring - RF onlyGlobal GPS Tracking

RATE

$10.00 per day$12.00 per day

LOST AND DAMAGED EQUIPMENT SCHEDULE

DualTrak Home Monitoring Unit = $1,000.00DualTrak Transmitter = $350.00TrakMate II GPS Unit = $800.00GPS Carrying Case = $35.00Shipping/Storage Case = $100.00

EXHIBIT "E"

POST-TERMINATION SERVICES

In the event that either party terminates this agreement, all procedures and requirements will befinalized according to the agreed upon manner. Company will provide all services up until theexpiration date of the contract, upon which it will be the Company's responsibility to collectall monitoring equipment and supplies that are in the possession of the program participants.

Company will not be responsible for the monitoring of any offender once the agreementexpiration date has past. Any monitoring services after said date will have to be described inwriting, and consented to by both parties. Any fees associated with this hold over of servicesperiod will be due and payable in the same manner as all other fees were collected.

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MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 29

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING PURCHASES, AS LISTED,PAYABLE FROM FORFEITURE ACCOUNT 029-215-915

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE purchases, as listed, payable from

forfeiture account 029-215-915:

One Jeep Grand Cherokee from McMullan Equipment Company for (state contract

070-91-28534-0) at a cost of$17,846.74 .

One Chevrolet Tahoe from Gray Daniels Chevrolet for (state contract 070-92-22823-0) at

a cost of$24,11O.00.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 30

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING THE PURCHASE OF SIXPANASONIC TOUGHBOOK LAPTOPS FROM THE LOWQUOTE PROVIDED BY CDW GOVERNMENT, INC. , ASRECOMMENDED BY THE IT DEPARTMENT, FOR ATOTAL OF $8,878.80, PAYABLE FROM 029-215-917

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE the purchase of six Panasonic

Toughbook laptops from the low quote provided by CDW Government, Inc., as recommended by

the IT Department, for a total of $8,878.80, payable from 029-215~917, which quotes follow this

Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

· ,

BRENDA BAREFOOT~ 10451 LARKIN SMITH DRLL HARRISON COUNTY SHERIFFT GULFPORT, MS 39503-4615

o

Customer Phone # 2286042361

Page 1

SALES QUOTATION

HARRISON COUNTY SHERIFF~ 10451 LARKIN SMITH DRIP BRENDA BAREFOOTT GULFPORT, MS 39503-4615o Contact: BRENDA BAREFOOT 228-604-2361

Customer P.O. # PWG1987 QUOTE

6

1

2

2

2

2

2

2

1785877

1774939

1298024

387409

180280

180297

1598682

1129741

PAN TB 52 P8400 160GB 2GB XPMfg#: PNB-CF-52GGNBX2MContract: SYNNEX GSA SCHEDULE (SLED)

GS-35F-0143R

PANASONIC 4YR PREM SVC LVL F/TBMfg#: PAW-CF-S09SLC4Contract: SYNNEX GSA SCHEDULE (SLED)

GS-35F-0143R

GMJ BASE FOR 2007 EXPEDITIONMfg#: GMJ-7160-0046Contract: MARKET

GAMBER 9" LOWER TUBE ASSYMfg#: GMJ-DS-LOWER9Contract: MARKET

GAMBER QUICK ADJUST UPPER TUBE 8"Mfg#: GMJ-QADJ-UPPER-MContract: MARKET

GAMBER TILT/SWIVEL MOTION ATTACHMENTMfg#: GMJ-DS-CLEVISContract: MARKET

GAMBER JOHNSON PORT REP F/PAN TB 52Mfg#: GMJ-7160-0139Contract: MARKET

GAMBER SCREEN SUPPORT

1479.80

185.08

75.00

30.00

55.00

45.00

165.00

35.00

8878.80

185.08

150.00

60.00

110.00

90.00

330.00

70.00

Please remitpayment to:CDWGovernment, Inc.75 Remittance DriveSuite 1515Chicago, IL 60875-1515

COW Government, Inc.230 North Milwaukee Ave.Vernon Hills, IL 60061General Phone: 847-371-5000 Fax: 847-419-6200Account Manager's Direct Fax: 312-705-9198

TOTAL. Continued

WWVV. tcsware.com

QuotationTC w r

3599 Old Brandon Rd. Pearl,MS, 3920BPhon~: 601.932,8271 Fax; 601.932.9399

EIHnd: It:sW1l!'mi!'b::H,W,;tl!,mrn hitI'. i/.w,w. tel.,""," e com

June 16.200910450

Harrison County Sheriffs Office

Attn:Brenda Barefoot

Comments or special instructions:

Quotation valid until:Prepared by:

October 15, 2009Joe Payne

(6) CF-52GUNBX2M Panasonic Toughbook 52 - Core 2 Duo P8400 /2.26 GHz - Centrino 2with vPro - RAM 2 GB - HDD 160 GB - DVD±RW (±R DL) I DVD-RAM - GMA 4500MHDDynamic Video Memory Technology 5.0 - Gigabit Ethernet - WLAN : 802.11 alb/gIn (draft) - $TPM - Vista Business / XP $2,499.00 ea TOUCHSCREEN

e (6) DS-PAN-401 Fully Rugged Dock ForCF-52 From Havis $559.00ea

(6) CF-52GGNBX2M Panasonic Toughbook 52 - Core 2 Duo P8400 /2.26 GHz - Centrino 2with vPro ~ RAM 2 GB - HDD 160 GB - DVD±RW (±R DL) / DVD-RAM - GMA 4500MHDDynamic Video Memory Technology 5.0 - wireless ready - Gigabit Ethernet - WLAN : 802.11a/b/g/n (draft) $1.576.00

TOTAL $

14,994.00

$3,354

9,456.00

27,804.00

If you have any questions concerning this quotation. contact Joe Payne, 6019328271. [email protected]

THANK YOU FOR YOUR BUSINESS!

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 31

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROViNG THE PURCHASE OF SIX HAVISDS-PAN-401 FULLY RUGGED DOCKS, AT A TOTALCOST OF $3,354.00, FROM TCS.WARE, PAYABLE FROM029-215-917

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE the purchase of six Havis DS-PAN-401"

fully rugged docks, at a total of$3,354.00, from TCS.ware, payable from 029-215-917.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

~-----------

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 32

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING ONE VPN ACCOUNT EACH FORTHE BILOXI POLICE DEPARTMENT, BOB CHANDLER(SHERIFF'S OFFICE), AND KEVIN FAYARD (SHERIFF'SOFFICE), FOR THE PURPOSE OF MONITORINGDEPARTMENT ACTIVITIES AND JAIL RECORDS ANDINSTRUCTING THE IT DEPARTMENT TO IMPLEMENTSAME

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE one VPN account each for the Biloxi

Police Department, Bob Chandler (Sheriffs Office), and Kevin Fayard (Sheriffs Office), for the

purpose of monitoring department activities and jail records and instructing the IT Department to

implement same.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 33

(SUPERVISOR SWETMAN OUT ON VOTE.)

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING CLAIMS DOCKET, PER STATUTE

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE claims docket:

FUND DESCRIPTION BEGINNING ENDINGCLAIM CLAIM

001 GENERAL COUNTY 149 322

002 SPECIAL LEVY REAPP (ESCROW) 6 20

003 EXCESS TAX BID 2 3

015 COUNTY FARM 2 3

096 REAPPRAISAL FUND 3 3

097 EMERGENCY 911 FUND 9 17

106 VOLUNTEER FIRE 10 18

110 RECORD MANAGEMENT FUND 2 3

114 SHERIFF'S FORFEITURE FUND 5 7

115 SHERIFF'S CANTEEN FUND 1 1

120 PUBLIC GUARDIAN FUND 3 3

127 HIC WASTEWATER FUND 4 4

150 ROAD FUND 25 66

156 ROAD PROTECTION FUND 7 26

160 BRIDGE & CULVERT FUND 6 12

170 HURRICANE FUND 6 8

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

180

210

260

302

311

HURRICANE GUSTAV

GENERAL COUNTYB&I SKGFUND

COUNTY PORT B&I SINK FUND

SENIOR CENTERS

JAIL REPAIRS - 2008

3

2

1

1

3

3

1

1

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

(OUT ON VOTE)

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 34

(SUPERVISOR SWETMAN OUT ON VOTE.)

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING PAYMENT OF CLAIMS AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE payment of claims as listed:

a) $2,680.26 to Moran & Machado, PLLC, Inv. 1086, services rendered on 1-110 Loop

Walk Lighting Project, FEMA PW #10358, Pedestrian Pathway, approved for payment by Robert

Weaver, payable from 170 369 555.

b) $8,550.87 to Meadows Law Firm, general billing for September 2009.

c) $2,683.80 to Swetman Security Service, Inv. #2631, security guard service for

Department of Human Services, payable from 001 450581.

d) $18,124.05 to Swetman Security Service, Inv. #2636, guard service for all

courthouses, Justice and Youth Courts, payable from 001 151 581.

e) $5,915.00 to SMPDD Invoice #6125 for GIS technical support payable from

096-153-581.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

(OUT ON VOTE)

AYE

AYE

AYE

(ABSENT & EXCUSED)

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

The motion having received the affinnative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 35

(SUPERVISOR SWETMAN OUT ON VOTE.)

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER AUTHORIZING REDEMPTIONS FORERRONEOUS TAX SALES, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE redemptions for erroneous tax sales,

as listed:

JOHN McADAMS - FIRST JUDICIAL DISTRICT

a) $1,056.24, Parcel 0911E-OI-008.000, delete improvements.

b) $5,589.42, Parcel 1108.T-OI-002.01O, improvements not complete.

c) $157.04, Parcel 0606L-OI-004.000, exempt, Harrison County

d) $194.90, Parcel 061OC-OI-001.00l, exempt, City of Gulfport.

e) $296.25, Parcel 07IOG-OI-015.000, exempt, City of Gulfport.

f) $20.11, Parcel 07100-01-067.000, exempt, City of Gulfport.

g) $21.06, Parcel 07100-01-089.000, exempt, City ofOulfport.

h) $79.19, Parcel 0810D-03-051.000, exempt, City of Gulfport.

i) $79.19, Parcel 08100-03-057.000, exempt, City of Gulfport.

j) $695.66, Parcel 0811K-OI-013.000, exempt, City of Gulfport.

k) $882.35, Parcel 0811K-OI-015.000, exempt, City ofOulfport.

1) $710.71, Parcel 081IF-04-0n.000, exempt, City of Gulfport.

m) $647.21, Parcel 0811F-04-072.000, exempt, City of Gulfport.

n) $207.60, Parcel 0313G-02-1 08.000, exempt, Pass Christian School District.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

JOHN McADAMS - SECOND JUDICIAL DISTRICT

0) $945.93, Parcel 141 OG-05-019.000, exempt, Salvation Army.

p) $134.26, ParceI1407K-01-007.001, exempt, sold to Land Trust for Mississippi

Coastal Plain.

q) $79.28, Parcel1407K-OI-007.001, exempt, sold to Land Trust for Mississippi

Coastal Plain.

r) $101.47, Parcel 1407K-OI-030.000, exempt, sold to Land Trust for Mississippi

Coastal Plain.

s) $47.96, ParceI1407K-OI-030.000,exempt, sold to Land Trust for Mississippi

Coastal Plain.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKeD voted

(OUT ON VOTE)

AYE

AYE-

AYE

(ABSENT & EXCUSED)

The motion having received the aftimlative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 36

Supervisor KIM B. SAVANT moved adoption ofthe following:

ORDER APPROVING, AND AUTHORIZING THE BOARDPRESIDENT TO EXECUTE, PROJECT REQUISITIONNllMBER 56 AUTHORIZING HANCOCK BANK TO MAKEPAYMENTS, AS LISTED, FROM THE $68MCOLISEUM/CONVENTION CENTER EXPANSIONPROJECT FUND

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that theBoard does HEREBY APPROVE, and HEREBY AUTHORIZES the

Board president to execute, Project Requisition Number 56 authorizing Hancock Bank to make

payments, as listed, from the $68M Coliseum/Convention Center Expansion Project Fund, which

requisition follows this Order as Exhibit A.

a) $200,000.00 to PSX, Inc., Inv. 09-09718, expansion audio/sound system.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the atlirrnative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

•lil:\.) IJU U;J IIIU I I • I U III (

IJROJF.CT FUND RRQlJlSITION

$68.000,000MISSISSIPPI nEVELOPMlr,NT BANK

SlJ ECIAf I ()BLlGATInN BONDS. SRlUES 2005(MSBONn PROGRAM· J[AIUUSON COUNTY, MTSSISSll'N COT..JSIWMICONVI{NTlON

Cli:NTER EXPANSION ANO IUWUNDING PROJECT)(the "nomb")

RIi:QUfStTION NUM8ER /;l,oHancock Bank,as 'Crustce1855 Lukull\lld Drive, SlIito Q·230Jackson, Mi!l!\issippi 391.16

Attention; Corporate Tnl$t Department

Ladies and GCnttcmel\:

The Ulldersigned Authorized County Reprcl;cntativc of Ha.rriso/\ County, Mi!'j&issippi (the"COlll1ty") hereby authorizes amI directs disbursements f1'om the Project ~tlnd cstnbliflhed pursullnt to theTrust Indcntuc'e (the "Indcnture") between the Missistlippi Development Bank (the "Il;'JlId') and HancockBllnk, as Truslee (the "Tnlstooll

). dated l~ebruary 2, ;2.005, in tho amo~lI\ts and paYl\ble to tho following:

AMOUNT 0[1'

l'AYMENT• N,t\.MP. AND AOIJRI~SS OF PAVgfi;

I. _~_~~ oJled...ed::- $~_~__

,---_.....--

J'UIlPOSE 01<'lJAYM~~N'I'

__....... '-<- ..... ''''1-__---_

2.

3.

4.

--__.•, -r---"'-

~_.. If·II· .. • _

---.:...........

,---_.*"'....--_1-,.,.-------~..----

--_....'---~$~~----

-----~ ..... ------.---...........--

- ..~.j ...I-,---

----~..~-_ ...---

--- ...,-----"'" 'jo"---

-'-_..----- ..........~--

---_ .. ,----

•(DE8CRlnF: Pl.llUIOSE IN RltASONABLE nKrAlL)

'" -~._""~--"""",,•••__ ....... .._r........ .................. ""iII'.~...~~

ur..V'UU· UV IIIU I I ' IV nil

The undcl'sigfled hereby cer'llfies that stich obliglllloliS have heel) properly il\clll'rcd, arc properchnrgcs against the Project Fund, and have not been the basis of any prevlous withdrawalj that no "evcntof default" in the [ndenture ot' tho Bond Resollltion of the County, adopted November 22, ?004 andsupplemented January 24, 2005 (ot' as may be {ut'thel' amended Or supplemented) (the "BondResolution"), that tho County has no notice of any mcohl1nio's, malerialmen's or Olher liens 01' rights toliens or 01111;r obligl\tiolls (other thatl those being contosted iii good faith) which should he satis!lt:d ort1ischl\r(J,l~d before payment of slIch obligations lite mnde; and that stich pAyments do nOl include anyamount which is thell entitled to bc retained under ~\nY holdhacks or rctaillllgcs provided for in anyn (~['c¢ IIIen1.

In nddllfon, the undersigned ccrtifie~ thilt County has complied with all terms llnd condit iOlls setforLh in the Indenture and the OOlld Resolution and, insofar as the obHg,£ltions for which tile foregoingpayments arc requested were incurred for work, material or $upplieH in co/\tlcction with the acquisition,construction, equipping unclrOf in!ltallation ofthc COIl~truction Project, such work was actually performcdIn general eompllal1Ce with tho plans and specificalions for lhe Conslruction Project (to the extent mchexist) and that sllch materials and supplies ''1ere actually lIsed in or for such ucquisi\iofl. conslrlleliol1,installation and/or equipping of the Construction Project.

Terms not defined herein shll-ll have the meanings set forth in, or by reference in. the Indenture.

Copies of all invoices or I'elated documcnts evidencing the obligations [or which {lo.ymenl!l tire\'equested lind such othel' documents as required by the IndcntUI'e al'e attuchetl.

Dllted: • 20~._....~

Sincerely,

HARRISON COUNTY, MISSlSSLPl'I

By ..,.-----:---:--~ ~~'~. _."... ,. _Authorized County Representativo

HANCOCK nAN K,as Trustee

By ._ ..__., .• __----.,__Vice President & 'Cl"Ust Orticer

JACKSON IOlS74Sv!

• REQUISITION NUMBER:

Item # Name and Address of Payee

56

Amount ofPayment Purpose of Payment

DATE: 10/1/2009

1. PSX Inc17587 Hard Hat DrCovington Industrial ParkCovington, LA 70435

2.

3.

4

5

6

7

8

9

TOTAL

$200,000.00 Expansion Audio/Sound SystemInvoice number 09-09718

$200,000.00 E1E2E3

TOTAL

E1

E1

E1

E1

E1

E1

E1

E1

$200,000.00

200,000.00

•Note: E1=Expansion/Conv Ctr; E2=Coliseum; E3=Land

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 37

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER AUTHORIZING ISSUANCE OF DUPLICATEWARRANT, $1,092.00 TO AMANDA SCHMITT, PERCERTIFICATE AND AFFIDAVIT FILED WITH THECHANCERY CLERK

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE issuance of duplicate warrant,

$1,092.00 to Amanda Schmitt, per certificate and affidavit filed with the Chancery Clerk and

which follows this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the atlirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

1

_ ATE AND AFFIDAVIT FOR ISSUANCE OF DUPLICATE WARRANT

THE STATE OF MISSI I 1HARRISON COUNTY

I, John McAdams, Clerk of the Chancery Court and Ex-Officio Clerk of the Board of SupeNisors and County Auditor inand for said County and State, do hereby certify that =-HIC Depository Warrant Number =-:1.39640 of saidCounty and State, in the sum ot $1 092.00 was issued on lhe -28thday of _,--$eptember 20_09 _payable to AMANDA SCHMITI for -Services out of said Fund, as shown by an order of allowance of saidBoard in Minute Book __ at page

Given under my hand and official seal, this the ----5lh date of =October 20=~

THE STATE OF MISSISSIPPICOUNTY OF HARRISON

This day personaIiy appeared bela re me, the undersigned authority in and for sa id County and State =AMANDA SCHMITI the=~of lhe =servlc"s who, being by me first duly sworn, d"poses and says that_ D"posity Warrant No. =-239640 payable to AMANDA SCHMITT in the sum of $1092.00 hasbeen lost, misplaced or destroyed; that payment thereof has not been made or received; and that the same has not beenlransferred or ass igned.

WHEREFORE, affiant. on behalf of said AMANDA SCHMmp,ays that a duplicate of sa:d warrant beissued as autho,ized by law, and herewith tenders bond conditioned as proved by law lor the issuance of a duptlcatethereof.

NOTARY PUBLIC

BOND FOR ISSUANCE OF DUPLICATE WARRANT

THE STATE OF MISSISSIPPICOUNTY OF HARRISON 1

KNOW all men by these presents that W", =AMANDA SCHMiTI as princ1pai and=~and __as sure~es, are held and firmly bound unto the State of Mississippi in the pena, sum of Two Thousand One HundredEighty-Four and 001100 ($2.184.00 ) Dollars, for the payment of which well and truly to be made, we bindourselves, our heirs and legal represe ntatives, jointly and severall y, Ii rm Iy by thes e presents.

SIGNED by us, this the 5th day of October , 2009&A-,THE condition of this Bond is such that, Whereas, Qn the =28th day of . September 20_09 the

Clerk of the Chancery Court and Ex-Officio Clerk of t/1e Board of Sup"rylsors of said County and State, issued to said_ AMANDA SCHMITT Warrant Number =239640 of =DepQsilory Fund of said County and Stat", In thesum of >1,092.00 for _; service' and never been paid by the said County or its Depository; and the same hasnever been assigned or transferred and has never been disposed of and has been lost, misplaced or destroyed.

NOW, thereof, if the said ----AMANDA SCHMITT as principal or the sureties hereof shall weU and truly payunto the Stat" of Mississippi for the use and benefit of said Fund of said County all and any damages which may sustainor suffer by reaSQn of the issuance of a duplicate of said above numbered warrant, together wit/1 all costs, expenses andattorneys' fees. II any, incurred in the enforcement of this 80nd, as provided in Section 25-55-25 Code of Misslssippi of1972, Annotated; then, this obligation shall be void, otheTI this Bond shall remain in full for~e and effect

cWO vJD ):\A\M&fr: Principal

X Sur"ty

X Surety

The foregoing bond and sureties approved, this the day of , 2009~

• • ~.~

mX:r:-CO--I

PresidenL Board of Superyjsors

John McAdams, Chancery Clerk and Ex-QfficioCIe rk of the Board of Supervisors and Au ditor inAnd for Harrison County, Mississippi

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 38

Supervisor KIM B. SAVANT moved adoption ofthc following:

ORDER SETTING ASIDE TAX SALE OF AUGUST 27, 2007TO ETC tbo SANDRA BUTTRAM, FOR 2006 TAXES ONPARCEL NO. 081lK-02-00S.006, AND AUTHORIZINGREIMBURSEMENT OF $172.87 TO ETC tbo SANDRABUTTRAM

WHEREAS, Parcel No. 08llK-02-005.006, described as Brady's Fishing Camp, was

assessed to Roberta V. Brady, Lessee, on the 2006 land roll but was owned by the City of

Gulfport, which was tax exempt, and

WHEREAS, on August 27,2007 said Parcel No. 0811K-02-005.006 sold at tax sale to

ETC fbo Sandra W. Buttram for unpaid 2006 taxes.

IT IS THEREFORE ORDERED by the Board of Supervisors of Harrison County,

Mississippi that the findings, conclusions, and statements offact contained in the foregoing

preamble are hereby adopted, ratified, and incorporated herein, and the Board does HEREBY

SET ASIDE the tax sale of August 27,2007 to ETC fbo Sandra W. Buttram for the unpaid 2006

taxes on said parcel.

IT IS FURTHER ORDERED that the board does HEREBY AUTHORIZE reimburse-

ment of$172.87 to ETC fbo Sandra Buttram, to be paid from the county general fund.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN 1ll voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted this 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 39

Supervisor KIM B. SAVANT moved adoption ofthe following: ,...

ORDER SETTING ASIDE TAX SALE OF AUGUST 27, 2007,TO MICHAEL R. ROGERS, FOR 2006 TAXES ON PARCELNO. 0710J-OI-062.000, AND AUTHORIZING REIMBURSE­MENT OF $565.00 TO MICHAEL R. ROGERS

WHEREAS, Parcel No. 0710.1-01-062.000, described as Lot 18 Villa Del Ray

Subdivision, was assessed to Nancy H. Williams on the 2006 land roll but was owned by the

Mississippi Department of Transportation, which was tax exempt; and

WHEREAS, on August 27,2007 said Parcel No. 07101-01-062.000 sold at tax sale to

Michael R. Rogers for unpaid 2006 taxes.

NOW, THEREFORE IT IS HEREBY ORDERED by the Board of Supervisors of

Harrison County, Mississippi that the findings, conclusions, and statements of fact contained in

the foregoing preamble are hereby adopted, ratified, and incorporated herein; and the Board does

HEREBY SET ASIDE the tax sale of August 27,2007 to Michael R. Rogers for the unpaid 2006

taxes on said parcel.

IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE

reimbursement of$565.00 to Michael R. Rogers, to be paid from the county general fund.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN I1I voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONl\IIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted this 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12, 2009, Item # 40

Supervisor KIM B. SAVANT moved adoption ofthe following: ..

ORDER APPROVING PAYMENTS FROM THE TORTACCOUNT, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE payments from the Tort Account, as

listed:

a) $35,304.25 to Dukes, Dukes, Keating & Faneca.

b) $11,536.00 to Meadows Law Firm.

c) $613.20 to Legallink, Invoice Nos. 22029372 and 22029743, for copies of depositions

of George Payne Jr. and Donald Cabanna in the mattcr of Page vs. Harrison County.

d) $236.15 to Lori R. Migues, CSR, deposition of Clark K. Diehl in the matter of

Vanderburg v. Harrison County.

e) $342.55 to Lori R. Migues, CSR, copies of deposition of Regina Rhodes in the matter

of McBay v. Harrison County.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 41

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER SPREADING UPON THE MINUTES THE LETTERFROM THE OFFICE OF THE STATE AUDITOR UNDERDATE OF SEPTEMBER 28, 2009 RELATED TO THEAUDIT REPORT ON HARRISON COUNTY SCHOOLDISTRICT FOR FY ENDING JUNE 30, 2007, SAID AUDITBEING ON FILE WITH THE CLERK OF THE BOARD

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY SPREAD UPON THE MINUTES the letter from

the Office of the State Auditor under date of September 28,2009 related to the audit report on

Harrison County School District for FY ending June 30, 2007, said audit being on file with the

Clerk of the Board, which letter follows this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

STATE OF MISSISSIPPI

OFFICE OF THE STATE AUDITORSTACEY E. PICKERING

STATE AUDITOR

September 28, 2009

Mr. Henry Arledge, SuperintendentHarrison County School District11072 HIGHWAY 49GULFPORT MISSISSIPPI 39503

Dear Mr. Arledge:

Pursuant to Section 7-7-211(e), Mississippi Code Annotated (1972), this office has auditedHarrison County School District for the fiscal year ended June 30, 2007.

The opinion issued on your audit was unqualified. However, material weaknesses relating to thebasic financial statements were reported on pages 68 and 69 and significant deficiencies notconsidered to be material weaknesses were reported on pages 70 and 71 of the report. Also,instances of noncompliance with state laws and regulations were reported on pages 62 and 63 ofthe report.

A copy of the audit report is included on the enclosed CD. If you would like a printed copy ofthe report, please contact my office.

If you have any questions or concerns, do not hesitate to call Bill Doss, CPA, Director ofFinancial and Compliance Audit at 1-800-321-1275.

Sincerly,~

Atacey E. PickeringState Auditor

SEP/mjb

•cc: Mr. Teddy Harder, Board President

I'Honorable John T. McAdams, Chancery ClerkMississippi Department of EducationMississippi Library CommissionBill Cheney, Office of the Secretary of State

POST OFFICE BOX 956· JACKSON, MISSISSIPPI 39205-0956' (601) 576·2800· !'AX (601) 576·2650www.osastale.ms.tJs

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 42

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER AUTHORIZING THE COUNTY TO APPLY FORROUND 9 OF THE RURAL FIRE TRUCK ACQUISITIONASSISTANCE PROGRAM WITH THE MISSISSIPPIDEPARTMENT OF INSllRANCE, DIVISION OF FIRESERVICES DEVELOPMENT

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the county to apply for Round 9 of

the rural fire truck acquisition assistance program with the Mississippi Department of Insurance,

Division of Fire Services Development.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 43

Supervisor WILLIAM W. MARTIN moved adoption of the following:

ORDER AUTHORIZING THE CHANCERY COURTREPORTERS TO PURCHASE TWO NEW STYLUS STENOWRITERS FROM PROCAT FOR A TOTAL OF $8,554.00,AND APPROVING BUDGET AMENDMENT THEREFOR

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Chancery Court reporters to

purchase two new Stylus steno writers from ProCAT for a total of $8,554.00, and HEREBY

APPROVES budget amendment therefor.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 44

Supervisor KIM B. SAVANT moved adoption ofthe following:

ORDER APPROVING ADVERTISEMENT OF COUNTYRESOURCES PAYABLE FROM 002-100-522, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE advertisement of County resources

payable from 002-100-522, as listed:

a) $500.00 to Biloxi First for the 7th annual Biloxi First roast honoring Ron Peresich.

b) $250.00 to the West Harrison Diamond Club for signage at the start of the inaugural

season of the West Harrison Hurricanes baseball team.

c) $1,000.00 to Coca-Cola for advertising at the "Take a Swing at Breast Cancer" golf

tournament, October 16, 2009.

d) $1,500.00 to the Boys Scouts ofAmerica.

e) $750.00 to Youth for Christ

f) $1,000.00 to the Gulfport/Orange Grove Rotary Club to advertise at the "Kids for

Xmas" event.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER votcd

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

The motion having received the aftinnative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 45

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING TRAVEL, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE travel, as listed:

a) George Mixon, Fire Marshal, to attend the 2009 mid-winter Mississippi Fire

Chiefs conference, December 2-4,2009 in Meridian, MS at an estimated cost of$278.71.

b) Mike Andrews, Safety Officer, to attend the NUMS ICS all-hazards safety officer

course, February 22-25,2010 in Emmetsburg, MD at an estimated cost of$1,600.00 with FEMA

to reimburse all expenses, except car rental estimated at $500.00.

c) Seniors to travel with county bus October 28,2009 to Foley, AL and November 2,

2009 to Laurel, MS at no cost to the county.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 46

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER AUTHORIZING THE BOARD PRESIDENT TOEXECUTE AN EASEMENT AND CONSTRUCTIONAGREEMENT BY AND BETWEEN THE MISSISSIPPITRANSPORTATION COMMISSION AND THE HARRISONCOUNTY BOARD OF SUPERVISORS RELATED TO THECONSTRUCTION OF SR 601, PROJECTS NOS.GAJ-1145-00(007)101212 AND GAJ-1145-00(005)101212

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Board President to execute an

easement and construction agreement by and between the Mississippi Transportation

Commission and the Harrison County Board of Supervisors related to the construction of SR

601, projects Nos. GAI-1145-00(007)101212 and GAI-1145-00(005)101212, which agreement

follows this Order as Exhibit A.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

EASEMENT AND CONSTRUCTION AGREEMENT

This Easement and Construction Agreement made and entered into by and between the

Mississippi Transportation Commission, (COMMISSION), by and through the duly authorized

Executive Director of the Mississippi Department of Transportation, and The Board of Supervisors of

Harrison County, Mississippi, (COUNTY), effective as of the latest date of execution below.

WITNESSETH:

WHEREAS, the COMMrSSION has the responsibility for planning, constructing, and

maintaining transportation facilities within the State of Mississippi pursuant to Sections 65~1~1, at. seq.

of Miss. Code Ann. (1972, as amended); and

WHEREAS, the COMMISSION and COUNTY are authorized to enter into cooperative

agreements to advance said projects under the authority granted by Section 65~1~27 of Miss. Code

Ann. (1972, as amended); and

WHEREAS, the COMMISSION proposes to construct a section of fUlly controlled highway

designated as SR 601 known as ROW/CONST. Project No. GAI~1145~OO(007)/1012121201, to begin

at 22nd Street in the City of Gulfport and extend in a north westerly direction a distance of

approximately 3.4 miles to I 10 at Canal Road (PROJECT); and

WHEREAS, the COMMISSION has prepared plans and specifications for the said proposed

construction, relevant excerpts of Which are attached hereto, and the entirety of which are on file in the

office of the COMMISSION in Jackson, Mississippi, reference to which is made for all purposes as if

copied herein in words and figures; and

WHEREAS, the COUNTY is the current owner of the property or the easements underlYing all

county roads shown on said plans and specifications between Turkey Creek and Greenville Street;

and

WHEREAS, the COMMISSION has requested permission from the COUNTY to make certain

adjustments, and/or grade changes to all known county roads which now cross connect or are

adjacent to this state route; and

· ,

WHEREAS, the COUNTY has agreed to this request and both parties desire to evidence this

agreement by written instrument;

NOW, THEREFORE, in consideration of the promises and agreements of the parties hereto,

as shown below, it is hereby agreed as follows:

The COMMISSION will:

(1) construct by contract said section of SR 601 in accordance with the plans and

specificatiolls for the PROJECT.

(2) be responsible for maintaining all roadway, rights of way, and traffic control devices in

accordance with the MOOT policies, rules and regulations for the duration of the project.

(3) acquire all right of way left and right of centerline as required by said plan;

(4) be responsible for overseeing all utility adjustments.

(5) return to the county the following segments of former county roads at the conclusion of

the project for county control and maintenance as follows:

(a) Yazoo Street

(b) South Boulevard

(c) Vicksburg Street

(d) Racetrack Road

(e) Canal Road

(f) Northern Avenue

(6) deed the following segments of right-of-way which were acquired for the purposes of

constructing this project to the COUNTY (Attached as Exhibit) as follows:

(a) South Boulevard

(b) Racetrack Road

(c) Northern Avenue

The COUNTY will:

(1) release the COMMISSION from any and all damages arising or to arise in its favor and

on its account as a result of the COMMISSION altering, relocating or changing the grade of

intersecting said project or the altering or changing the grade of any other road including existing

roads, unplatted roads or unopened roads in any location adjacent to said project.

(2) and does hereby grant. bargain, sell, convey and warrant unto the COMMISSION an

unlimited easement on, over and across all County road rights of way within the construction limits as

shown on the plans for the PRO~'ECT for the purpose of constructing and maintaining the PROJECT,

until said project is concluded as follows:

(a) Yazoo Street

(b) Rockefeller Avenue

(c) South Boulevard

(d) Vicksburg street

(e) Racetrack Road

(1) Jones Avenue

(g) New Orleans Street

(h) Mobile Street

(i) Greenville Street

0) Canal Road

(k) Northem Avenue

(3) upon completion of construction of the designated improvements on all County roads

to assume responsibility for all maintenance of said adjusted County roads and traffic control devices

as shown above upon notice from the COMMISSION.

(4) accept and record the deeds to all Right~of-Way conveyed by the Commission.

(5) execute warranty deeds to the Commission covering all parts of its right-of-way which

are incorporated into the final project when requested to do so by the Commission.

Both parties hereto represent that they have authority to enter into this CONTRACT and

certified copies of the applicable Board or Commission Orders are attached hereto.

WITNESS this my signature in execution hereof, this the__ day of , 20~.

BOARD OF SUPERVISORSHARRISON COUNTY, MISSISSIPPI

BY:-------------President: Harrison County Supervisors

AnEST: (Affix Seal)

WITNESS this my signature in execution hereof, this the __ day of • 20_.

THE MISSISSIPPI TRANSPORTATION COMMiSSIONBY AND THROUGH THE EXECUTIVE DIRECTOR OFTHE MISSISSIPPI DEPARTMENT OF TRANSPORTATION

Larry L. (Butch) Brown

STA. 313+4 S.27 Ii MAJNLlNE~

STA. 10+00.00 Ii RACE TRACK

STA. 305+72.40 c> MAINLIIi SOUTH 80U~EVARD

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MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 47

The Board Attorney reported that he has reviewed the NACO's prescription drug program

which is a mail-in program that would provide up to 22% savings on prescriptions.

After full discussion Supervisor WILLIAM W. MARTIN moved adoption of the

following:

ORDER AUTHORIZING THE BOARD PRESIDENT TOSIGN ANY NECESSARY DOCUMENTS TO IMPLEMENTTHIS PROGRAM IN HARRISON COUNTY

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Board President to sign any

necessary documents to implement this program in Harrison County, which contract follows this

Order as Exhibit A.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

*7111 cIaeckIbt lI"ot part 0/* NACo COlfbYlCt, ltoweHr, pIHu,..",,,, it _lilt ytllU' ..,,,11 colltrtld. **r"COMpl4te or Inconwd clteclclisn will tlMq ,.",..MtIJtIoII o/Ibpro"..*

NACo Prescription Drug Program checklist

Cowrty NamelState: Date contract returned to NA.Co: _

1. Who is tbo ONE contact penon in the county with whom we may communicate about tbiI program?Nameandtitle__~ _

Address(wlCIty,S,.Z~) _

Phone Fax ~ _

B-mail (We IDU5thavc your e~mail addressl) _

1. What is your county's anticipated start-up/rollout date: for the program? _

PLEASB NOTB: CURRENTSTART UP TIME IS 8-10 WEEKS FROM THE TIME TIlE CONTlU.CTISRE1VRNBD TO NACo. Please plan your county's roll out of the program according1y.

3. Please choose a design for your discount cards: (YOU MUST CIRCLE ONE)

A. Coaaty Name (State Abrv)

B. Coaaty NameRx

C. LogolSealon cards (with County Name or County NuncRx)

Ifyou daoose to have a lop/seal,~ sure to ,..",.g II bIiId tUUI white logon-J III

IYIIplt.frluo~lIrk.co",l'IIaepili ("C.,,1tty Nuw - LOGO' I" die-Jm""eo

4. What is your county's population?_-:--=-~-=-=-_---------Will you be needing cards and posters in Spanish? _

5. Please provide a street address for delivery ofcards. Cards win be sent via UPS Ground. NO P.O. BOXES!

6. What is your county's web address (ifavailable)?~~__---__------Will this program have its own page? (please provide) _:=- _What number would COWlty residents call to picJc up a card? _

Notes:

--------_.__ ...

CAllDlAlUCPCSBl.41,'I'II. LP.

AMINDED ANDUSTATIDMANAGED PBAIMACYBIlUftTSDVICI'S 4GIIDMINT

CONSlJMft CAlm PIlOGRAM

THIS AMENDED AND llESTATED AQRPDGNT (Ibc "AaI-,"> II c8JeccM beat""'. May 15. 2008(Iba ......DItaj ...... N.aioaIJ~ otCcn'- rc-t-r"').~ _m:1IIIIIIIIcn of...NIIicaIAuociItioa 010-""'" ('"MaIIbIr CoutJ") CaeawtrCS... LP..~--• A&hIIIoaPCS HaIda.LP. f'C.......-t"), filrlbc ,... of dID II1II CIlIIlIitIoIII uadar WJdda Cat .'eak will pmidI __.._ ...... c-:y bcadIt ttn'iccI tit MIDIber CaaaIy eu.a-. 1WI AIe- aiIIiDa MaaIbcrCauaty~~ eam'.... wkb dID ...__ c.- It wUl eIda CaIIIl&y Idded.., dII BfIIlcdve DIID to ..,. .. iDdividuaI Ou-.. ill die "'IIcbecI __ 1111cIIiWt C (abe.......... e-a,~ ..... iIiJ eaaMlt·, pavtdiDa ServiDa tD 1ach.1o ••• CoaDIy. Ca ••P will_pnMdo S4niclII ..~ Caaaty prior to dII ftlllIIpC of .. Wtmber ee.-y'....... of lilt ....... <::cuqApeemaId.

1. ftATZMINT 011' saVlClS I OBLIGATIONS.

1.1 ....... CaCUlllt will plOffIk .......Caaty1bI-w.u .. fbrtb til d&iI Secdoa It_ thouniccI deIcribctd ill ., 1"'c'm:wDt, IddIMvm ar ,....tn.' .... (coI1DGtiw1y ... '"lint."'). Cammrk.y......-10die $IMcaI ftam _ to time 10 .....1III:b-"do _~ aIIIr .,ofdll pmiIioM ofdU........

1.1 PII"CIdpeIbII naa...... Cat.....CftIIIlll. IIlltWadc. olhdin\wt'''C PM· '"" wbieh willpafblmpbarmlcy wvicca for PadidpMM,

1.3 I'1tanUc)' BlIp DIIk ud Vala U.... Cal wID pIOYidc PlIdeipthw~with Wp daIt aaiatace ad _ tID OII__kt iOlpDiW uait eturiaa Cucmukt,boan orapcndaa.

1.4 CIaIa Pnend...

.. hbadaloa of CIIIr& cao-at wiD llIjadicltl a.m. _"d." 1»y ' ....atfDaPI8InDIctII to <+w:ck ta~ wtda die .......... PllmDlcy'. IpiIUEId 1rida Ca_t IDd ibcCuusuawr CdPrapuD.

... c........ at Not of... e--ad Member CoualJ........... Paticipe11n.I'bInIIIcies wID coDect tom tile Pu1tc:IpIat aae1&ullbed,.. (100%) oldie~ JlftiCiipdaa piechdiIcomirdat" mot let'" 011 BxIIibit B• tppJbItJt, pJua • tnIDIIcCica"a-dill PIdit:1Jat

1.5 C.--. SenIat. Cucawrk wDl-.1Wi1I1III1D CaMo&.M. MeaIr Ca1Iaty lad PIrdcipIata •tD11 he IIUDIber eturbtllboH bDun of......h ••' .... by ea..rt. ."wm ... ...oabJe to IDIWW....... 011 die ee-...- cam...._udo--mcClld ........I'''cJeI.....

1.6 IcIeDtIfteatloa C..... CarcuMrt wiD, It ill on00«, pRIdIa idcndtadm CIIdIIbr PIrdcipluD.which camaia Member eouaty·.1IId CudDmcrt

• JDil(.). Jdoltilbtiaa CII'da will. avaIIIbIe lID IIlJiDdividuaIthf Member Ccnmt:Y or eu.u-rdeem......- Cucark wm wmt witIlMtIdler ClN1Ily oa... diIIrtIuioa Il'lIdIDd fbr fde""h_ CInfI; JNo+tdocl, lin,..if.,....Cuuaty....... dIM CuemIrkmail the idcndfbtion eardl1D ,.. cbIrpe wiD apply. Tbo Plrdciplat II1II1 bempousib1c for pa)'loa for l8y ipdoaI obWDDd while tbo idearificatkla cud.

1.7 CHaial SerfIccI ud Drq Uti...... RIrriew ("DI1IlIH).

NACo k40¥].doc (SIZNOI) IRaC'IIdnII rae I of 14

JlI'OdIIl* or dNa ..... or to let ParticipaII bow .. dley IDly~ for pG1Icipatioa ia a cIbIical trial........ Such aiHap may i:DdudlJ 'alicipml tpeeiBc illbaatioa uN_ a-al cducadoDtJ......w. PIrtidpenb. by aotif1UII Cucuat. ay opt ofN:hpIOII1P&

It. bUR SenIeeI. c.n-rk will prcJYido l1a _redCCAW. Dva ServbI b Clabat.1111 doD IQIIIUld ill~wiIb DUll s.w- II ialnded at to, aDd8OC far, _1mawfIdp, aperIIIe, IIdII, 1IId.Jaclamedor..,..ph , :1-.or'"heaJtJaCII'I pro,idm fa pzovidiDa,... cue. PIavidca IN~ reIpDIdIIe or DDt IaIbII apoDidxmItImI ...._ .. bi,Wnr:niaM dnuab tile DUR Semcea, ad "II ..... ill eidajuildkltiDll.~with the ICOJ1I of dIeir aa-.. NOIwl....... lIl;YdnIDa .. fardt. ina 1IdI AIr.......ea.... will hive DO .............. iabmadoD OOD"W ,,1. ay ,.Iioipiat ..,.... II.........dnIc II tDelgchf ia CIrtawdl:', cUaiWHt11OlXl1da 01' tine aaa. ....'6IMd by~ PInara:IIciea iaClO.rcdoa with abe Ooaaumer c.rd Pqram. .

1.1 ~..., Calltiibilk 1riU tdmIni CIpII. fonIiaIuy 1Ir"Member Coaaty ad wU1pIOYicIt __ 8en'ba dill IN tD snvtdI c:tiaIcal iDblllltiw .. ..,... CIbI '"1'ormaIM7SenkIi'").~..y mIb", to"Paradily SorvbI dIieriMld fa tbIIA...-a CD fimI, adwm1Mltify .... C01mIJ ad On_ oflD1 ............. CD IIJf~ ID aUCIIIlI, dnI pnlClUoa JIIaJ*- IMI11aw ftaII audaity 0¥Irde'" dnIt II prmcdbod to _ PlrdcIpuL

L .....Coatnttlo CIRmuk caIIIIIc:tIVtiIb cedllDM......... b ....proanma.

.. DIIdeIare ofM.............1'... CD:uark may receiWI .. ar CIIIIIr 1:4'"nidi" hm~. iDc:1udiDt. wilboullimitllioD, ICImbdatrative feoa aot ex dne....of............00It of tbt ,....,...., pracIactI cu.s--t ID putIcipImI. .. .. t*0JtII1J paUtidDcl or I!IIrVIceIJ'CDdcIed ID • Mawfietanr (wbicla -y iInl:II* JIIO'idiua phyIiciIDI cIbdcaI auS? .. __.... whb diePtlbnrq DnII JJst, .. dIbld boIow). Cuanuk'. IpIICiaIty ph.. ..,. ... ..,.. feel IOIIl)«wa........ far praducta povidod. III ackJitian. CuemIrk'i IIIIi1 .. ad IIPOciIItYpI.n may DDF'- GIl VWIl beWf dn!::tIy with Uwa6duNn IJr dIM. ill, ........ rebUe4di biIod GIl DIIrbt ar no............ddt Aja...-daea DOt....... .. .. dtacauldl wIdcb beJaDI acJuaM1y " Clreawk or Caaadl:', ...n CIIdI'C « IIfecidypIaa....~y.

Co PutIdpuI AIIIIniirtIa....ad~ ea.mn.r aad M__0IaDty IhaJ1 COIqJ1y.... aD LaM IppIleabIo to it. IIpOIIIOr oLdie 8IrriceI or • odIA.. ccwt.... wida ita obHpdont IIIIdcrt1da ApeemIllIt.

do Addl....... l'ardcIpat DIleo.... c.rea.t Day proytde • JIIOIIII8 ... wiD providePutkipaII with additiaI'IaI awe aD till poIat at... FND tiIIlIlD tImI,Onmidt., revile die liltof" daat eMit ,.niGIpIat~ The~ lilt ofcIrup GIl.... Pwlklipall.y ...m .......,disrnII .. available ... nlqIIllIt. c.rea.zk will timely DaIit)~Cauaty ad ClutDmcr oflaymiaioDIlD IbiI Jilt ofdnap.

I' M................ Canlark wm pmride Member CoaDcy I1ld CuIIaar willa CINmIrk',studIrd mtMpment t'IlpOI1I ill caaDCCdaa wi&b die SerYicai. wbicb ftlPOl1I .y cbup tom tima to time atCaraM!t', diIcredo& Morabcr Couaty ml Cuatamer may elect to ICCCiY'O .....1OIIIlbIc IlIIIIIbcr of Cbc Itiaduda ......npartI ado available by Can=mIrt.

1.1' . Mall Sent_............. c.on.rt may prvytck to Member Ccnmty lIIIiJ Older phamecy MI'\'kcatbrou&h itt_a order pharmacy faGi1idcI. for'" dundcJa otdnll AIftlCIIIIIdo MGIIIber Ccnmty.....dill it triJI 0"cmly Cuemuk IIIIiI __ phamacy ICrVic:ea for ita PutieipuII ccmnd UDder ddI~ • t\Irtba' dacribcdbelow.

Cuemuk tbaU ftII pacripciOJlS for PinicipadI aad IbaJl mail sue" drup or mcdicatioDl to lUCia Palk:ipab subject totho tonO'llViDl tmaI aacI ~tioaI:

NACo U-v3.dDc (WIOI) 1!bCIII!!I PIp :z fA 14

.. DIItrIb of............ CIraaIlt proWIe pllticlplla with its IIaDlIardiIdbnaItIoIIl malerill exp' tilt aU IIIYicr ...... lira .." b' Plllitlpall to DIiJbD manM'Yice. Puticipmdl wmhaYI tDlJ..he .....,__ to I phi ~........ntattve.ACCCII to a p1IInIIIt:itt wi1l be avaiIDlo Z4 ...per".lImIlda)l per week.

It. DIIYWJ udlMlp••d.. ea.... 1baD eli..... tInaIh _ail...a~ IIIW01' IIftDJftICdpIiaa anIea ...raipta-.Paddpwdof(O l-ud Pi I ...........order .....-' (Ii) tile appIicUle,., CIa..... dIIIl c:ae dlellW liPCitw to fie aiIod to eIChPInk:ipat via COIlIIDaG eater It Ibe If"." IlfI dID .lice of tilt ,....ipdou • bit • MIaackk. 1m... fa dID thibId..... eua-k DDt" UabJltb » mer CowmlJ. e..-- or PaIk4aM... ..,clrlaybadcliwrJ..... frame """'CIn' 00IIIIDl iaSectiallU

eaaa-k·. ail GIdIr ,........ ., etnpcn ftWIl If'" II __Ill"'" by thecomet ...... 1IDwncr. M8IIIbIr Cauaty-'O' 1Cblrw1Idp ad.. liltc...t., 18fU1 aDJ prewcripdarldllt .. eIk_ .c-." by die CCIIItGt IIIIIIIIIlItUll'. tbr., Paddpaat who lID....,.......wi6Cai.....

1..11 Prddnd Dna Oucia¥k - tilt ftlIIil Pldkl~~dI walt.... 10......... otPJ....Drap by (I)~ CifiIOi'biiIIdt far oem'" • PiIlCl'ipdall ttoIIllDCIDoPra6utd Dma to • PIdrred Drvai .. (Ii) Q dID~ ... dID JII........... dIIt diepracdpdaIl" rI....d to .. Plerea.Draa. A ..*aedDIal 11_GIll" Perfcwnwee DaII LiII, wIdl:b ........dcvtIDpIld by e.a.-k•• cJiabI1y ......iIW aad~.............ofdie CauwIk PoamaIay•......bye.....hlDtiIII tDtime.

1.12 .......,........,. e:.a--k', IpICiiIty ......" wDl be pnMded by • eu.......IpOGia1Iy phIrauy eatity or .. atIWaIII \C.....-k8~ otIln • cIIIdIIina __I fbr cedIiDpJwDj-.ulk:l1 dIat IN .-.D1~ ill IIItIn. .. aMa ., ...... Of c6eaw" ftlqIIireIpICW (""Spln..." at...,,,....,.

Carourk SpcIaItylb. an pnwidt Ipti.- fta1ftIInwc ad cIiIIdbadaa or Spndeltr 14........ 1114 ......' ..II ' CIII ........, well • tile lJIIII ofs.m. ... MtIIIbIr Oaaal)'''' uada' filii." but DOt limited to e. ""dmIad c1iaIGII .................1IDcl1llplldiDaIIIlIaa. pili [ I !DI'("SpecIaItJIbsem-").

CuOlllllk SpeciIItJRx DaY reoeiW .._ ...... !om Parde'•• dnaP • am... c. ail 6cDit7 ...cUrecdy • 1M U.s. Yail or WiWiMcial CIIriIIr lit ... -....1PICifted by CINrJmltom III -,-reoeive~Aam pIlyIIcfIDI "'lis or by U.s.M~.n.. .. ICCiW h C. wIdl die O_mwCud Propam, CII-.t SpeciaItyRx tbIb Cownd .....ba~wit1a .,.' ad diDCcmnICI Jtam to PlniGipialllt lola ulllda .... fa UaIted .....Careaidk SptciIlIJRx 1liiy _ diIpeuie drup m tail to dladt CIlII8Ct paJIIIIIIt with Iboirpa....ipdoD.

c.r-rk8pecIaltyllx p!uumlrcudcaJcmt .......... .-vica iDcJude but.y aatbe 1 to: (I) JIIIiea'~focIIIiII OD tile approprta.... otSpccIalty MccIiceIiO" DrIpy--1114 ordraa..4JI.1DtJactioaI;(2) pIdcat cchar:ltba mattJiala; .. (3) cr-. .....,aat ..~ wfIb rwpect to Spocialtyt.fedic:adnnL AI part or..semca. Pa1icfplDfl wiJl beubd ao piI1icJpIIe III nrioaa IUMJI.

0irauItk will provide M....Cowdy -.I Cudomer willa IIiII of the SpcdIIty Medici..... Ibek conetpOllCtiDa,.teI (wldch may Ytr'J &om Netwo!k Rab:I) ........ RouIiDo IUPP1ioa C..... ayriDpa,"I 1W&1lI) ill aaufticioalqlllDlity wiD be facJudcd It Do 'CM'IfonaI CIpCI*.

1. J'DI AND PAYMENT.

1.1 ,.. T1Io dIIt. il liN of biJIiaa MaIIbcr Onaaty • "per 0Iiaa'" .... for s.vtca.CanmIdI: IbID .... 100% or dae ftlIICIIIIbJc'*~ tbr tilt s.mc.. O~ ad YmIIerCoaDIy lIDlIoill'od ..s ... that _ dIDy .... lIlY~ wiD ... ill die ........ coI1ackId. hillMaufacbnn by c.ra-k.

z.J .......... III IbGnatMaiberCGua17 or CuI....- iacun.., tile, ......W til 1xIdbiIB. It willPI7 CIreark 111Gb _ u reIIClIIIbll CCiGlfen••';..... ID" eWDt lIlY .... lIPPIY .. Member 0Naay orc:u.aa. IaOIlQ pay CamaIIt by ... duI dale WI IIIIOUIIt owiaIIo CamadEt after IIIIIdaa • IIIIIlIIIb10 eflbrt tocaIIIGt ad upoa .... tu..Mcmbar CoIIIDry ar 0IItDaIDr.,. ill fdd'tIm to ill ............Apoon..... atLaw or iD equity. do III'J « aU or... foIIniaI: (I) .....para-..... of IDJ or aU orc...k'i ohHptirw __or ill n-neelims with IbiI~ willi ftlIIJlICt ., lucia MIIabIr eaac, cw e.a i_i """"MPI CiawIIIk".obIipdDa ., ..... CJIImI Ill' (d) .. oft......, ame.... ,.,.we to 1IICh .....CoaIIyIlI' c...by WI_ duD c..a.t Iom'-MelllllerCaaaty orew..... .

u JIrtdaI C....... AIJ&r die lllidal Tam ofdU ApeemeatoII.tbI1b iaSec:tbt1.1.eaa ycbaap die _1ppIbb1a tID'" Qaumer Clad PalpIllL CIa..wiIliM eua.... *"~ ofUlJ... III! IIICh.. wiD lib dI8 &It .., of ebB IIIOIIdl fbIIDwfq .. ..., IIDIico pcria4.CuIto.-r may abject ID .. __ ba b1 paavidiDa __ 1IDtice to e-a.t 11 ..11Iirty ...,. bdn ..expIradaa of tht Iixly-day DOdce period. It'" pIItieJI C8DIMM .... 011 ....... lie. ....~ wiD.....It die CIMI of dID atDy-day __periad. 110_- doaIlmt dmdy objecr. ow--wDllImJ DO ria1it 111

IInIIiaIIe ddI AjaeclDIII buodaD'"pioiDa dIap.

J. CUSI'OMI:IlANDMDIIDCOIJNTY OBLIGADON8.

3.1 .................... TIle pIrIita... to UIO cdy.... 1!IIrIaItiDa1lrDcIIalIIad 1dverdIiDIIDIIIdaII paI'IIi1Iiaa III QMllMi··' eo-m- Cal !'nIp- (ill ay IIIIlCIi1IIII. iwWin. bat DOt II, wdUIDeornmnicalioaa, "..,. OOii "+a1ioaI1IId WIlt ..........dac) tbat Jiaw belD.lpplIlWId bJ tbI.... M.-rCaaat:y ud a.... IirtMr ...,.that ..., wtJl (11- ''''''' ita ... or ..... _ will.... dat .. c:IiadI CII' .... 0llalp1y witlllIIe of Scctiaa 3.1. Oaemat IDlY .-ih... ddI~ ......."IJ iD .. eYIIlI YcIIihr COlId:y or O 1dJa to~ wiIia dIG ".".... ofdU Secdoa3.1.

Ca..t will~ its ...... -'«lDllilvcIa4o 1IdvatiIiIII1IIIIIIldIIII-.l -a __ u ........... toMemher CouIIIty at DD COlt. c.lIIIIIk wiD wodr: wills aad qport Member Couaty til OM' dID CoM"-Card ..... It DD GCIft. If tho COlt IIIOdIIed witIa ..oridbta II by CII..-t to be~ or....... M..a.CauaIy ..... ply tbr ....... of Il be adaIIly ..... " bytbe ,.... iD wriIbII- IfMIaMr Couaty eJec111Q - _lDJaiIed 1lroc:IInI .. 14YtdIaiDI (fa., IDICIium,inch....... but .. Iimi1ed 110 writIal CUHiPi..•• ",.....liiKUdi.,.. ad -1rIdIa). Meak'CaaDt, wiD (i) obIaiaCaaemak',IpJIrOVI1_- - (I) pi)' .1aI....cIIIqe. • _NteWby CIRaa40for n;1a..... itc:realfd orpnMdldbyCawa.'k.

J.2 hpport .fC....- Card~ CaatDmer wDll'lOO'liicM IIDlIIIIfPCIIt..Cualumer CIrdPropm in IlCGOIdIIIce with the .... ofdda All......

4. tJU 0,. AND ACCUS TO INFORMA1tON.

... U.. of Pu1IcIpaId ............. e.--k" euaaoa. ad Mombor' Cauaay l1li)' use. dIIcIaIo.rqmxb:c 01' adapt iDfbnDIdoa obIIIiaDd ja CGIIIIICtioA with dill ApemeaI. _yfip, CIaiIIII raat-1JIfonaatIoa,u weD u BJi&i1riH1Y IDIormatioa. iD ., JDIDIICI' dIcy deem appropriatD, GCcpt dIIt each party IDCI ill ..empIo,.. aDd e:aatraetan IhaII .lnlaiD .. coafIttentW1hy of dda iDrommiaa to dII extllDt required by applicableLaw. IDd may IIOC .. tJw iufomadoa illlIlY' _Y pntbibitecl by Law. Any wart. COIIIpiJadDD. pIUClIIIII or bweatioaIdcvclaped by eam.n. Customer, Member County or tbcir rtlp8dive ..... C'IIIpIoyea « COIIDI:tDn. is deemedCoa6dead111Df'ormalioll oflUda party UDder thia Aaacemmt.

-------

4.2 IUPt to AudIt........ 0aIt0m0r. It 111_ DY IUdit ................ ofNCOIdad&ecdy ..... to CuIIomer'I .... aa:e in eacIa ewe pIriod <tbDowiDa Ii:dJ (dO) ..wriaIa aotil:c ...Camaut). SudlIeeordI abaIl be UmiIIld 10 iafiallllCiaa.. I '1 lit ftIidatiDI dIIl«.fIfIC' of dID IIDDUIItIdistribracllO Ma*r Caaa&y by c:.a.k. 1111 partieI ap:o tbIt .. W.,..., 1IdId-pIfty IDeu..... ad eaa..t COIduct IOllh audit. .......... finD wiD tip. Caawat tafil' fhHty ............. Ibat an dotIda of aU Me," lIPr'" ooatncII willa~ <except tile IDIIJ ..__Ie»~)will be ueonNtifiwl to Cu"-" and 1riD 8Dt be m ..... iD.,._« byell' 110 uy paaaa or entity.~ ncb lllditl1d eN"''''' • e.-att

, aGIce "'-'..RCGrdI ..lcatat, .... ..-l ..... baun. widIaat wlt1a...- aetmtiII. ... ill ICOOidlace wkIlreuanebIe IDdit proeodw-.

50 COfQ'JDatTWn'Y AND JlItI'I'It,LKCIAL l'ROPDTY.

5.1 OndId.tIaI .... PnpItItaI'J............ III 00...... wfda filii Ape- '- ... pIIty 1lIIYdiIcIaIe to .. eMber palJ catIIa pl.! 11 ar roatI...·ttie' IIc:ImiraIIIId .,.; II d..,'11 I.....

........ iIIIDftIfaII be dee.....JlId1("CM"'''' ,. otwbicla IIdpl be10It if'" , or~ orlllda.c.J5desfIe1 JaJbnaldoa 11_ _ pili ofdill SGctiaD. Gl••f· of,. AaJ-.... day_""" eII' ....CoDfidantiII lDIoilNlt\·n PurIbc:naocet., WIIlit, , JIftlCI .- • iIlwadca by CIa........CauDty urc.wd!IClr, ClI''' clllpllCtlw _~ CII' caaII CmlLkeC11l I.dtmadaDof.. prty uadcr t1*.Ap'eIaat.~ die OoaIdcntlt' W. tiM.., "-k1alOd b)'Mt.iDk CaaDty IIINipclIlII •• ftlCPIl .... puiiUlDl til'" 0Dua&y"1PPUcab1o Law,iDIo6r ....... II ftIqIdIed by tbat Law. ..... CounI7 I11III pnwidI CIIe..wct witIl (I) IDfk:e ofill Ie»dilc:bc Q»fidendaIIDIbmadoa ad (d) III oppc:ctaity 8Ire-a-k ID oltject ID ........... iDlfClOClI'Ae". widtLaw.

5.J ~....1JIIclImow of Codd...... IdN no ....... wiD_ (-=apt tD ... lIiIIct......,autbodzed by ddI Apemoat) cIiIcJoII CMfIdmMh'"'' , otayok lila~ aaIIiiII ofCae MeaabcrComdy or CtIIbar;r, Dar will diet 0091 ar ...... ..., CoafIdenthI IafbraIIIba or apnaIy....... do.• by IIIClb pIItJ ill --. !ada JlId:7 CaaIde""d at oaly to'"c.mpIo)'IClI wboJaw a.... to baw tbo 0:+ ' •••" ia anIIr to~ pacpctII of"" Aan*DDatall wID (l) law beeI iabmedor.wall +)ad 111111n ofdJe QwafIdenlie' 'Int." ad (Ii) .YO.... DDt ID __ it to odIIn. III ordtr to ....,. IIId 1111 Milch dill or ........., of lilly

~ ......tIaa" tID ..... it ... taUIDa .. tbI or"" tho,. ••• of DOt_-.s tID .eh"I. hi c::on""-,,.Ii&y. each,.. wII .... abe Canftdee".' lah.. ' of.., __ pIIty wt6 Ibe.... depe ofClIO dial it.".. wida ntIJ*It lID ill GMt iabwtdoa .... it cu,· raafiden'lwl aIId popdo.,.bat ia ilO eWIId wiIb..lila Ie QIIO.

5.3 J:::rapauIud.....DII'I 'I'M rUviDa pIItJ orOClMuial IaIN"-'" wm DOt beliable ... IIlf diIeJDJia ar .. of CoaftdnndtI n wbida ill pabIiclJ aYIiIa1lII or .. _aa.- pubUclJavaUable .... tbu darouP • 1Qada of ddt Apacac:Dto or if lito Qd'endal~ II abDwa by TII'iUml~ to be IatDwa to tbr: l'OClIltvtaa puty UII dto of eucaduD or dill~ ..... bea ..coiwelhill• .,..(GIber_.,my to tbia A.....-J -lilld lID ckbe dill 0............. Iida.

SA s.bpoeu. Coa6ItPtiJ!IIII y be cUlcto.od ,.,... IIO. "-1Jda aubpDeaa if Ibe plittreceiviq tbe boDi lido IUbpocna ... JiwD die ptrty JlfClIIIIlt wdaa aodoe allOClipt of. wbpoeaa 10 dIIt dIoother party c:IIl objec:r ar 0CbenriI0 luferwae _ it paper.

5.1 a.tan or1Mb.....r~ AU Co"fUecodlllnfta..tioD will JeIIIIiq the popeaty or...dileloJiq puty,lIld tile n:coiviaa party will dbInI II wriIIea or _ all copies tbcna( upaa .....ordie disc:1osin& puty. IfaDd ~ Ibe eatat &uiItIe. upoa tiDa ofddI~ e.e.m.dc wilt dIlIIIIoy ot wUIrctana to Member CoUllI)' or CuIIomI:r aU PH[ abDtlMd pIIIIUIDt 10 ddI Apcenat aad aU...DO copieIlIaeIeof.pcovided hoWiver. that it IUCb rebInI or deIINc:daa II DOt I'aIOUbIy I:uibIe. die pnJYfsilllcll or Secdoa 4 of tbIIApeemeat shan ccmdbuc fa .pp1y to such iufia.......... tilt ........doa-.ot

5.6 Proprietary co CarelUt'k. Member County ad CUIIDJIICt acbowWp thIt tho Fam.daty II

NACo k40Ys.das QP!!>lIfQ!I!!l ..5 " 14

Pi~ 10 Cuemuk. FUItbIr, an eaea-k ........ well ~ die 1IInI oodiII. lad loP ....aeaa* die~ oriatbrmIdaD coallined illCaaeaIt·. ewa. 1IicJD.,...ad lad dalIbNeIdcvIIapecI by CIatiDIIk or lis daI.... in c:om-:tioD willa J*filrllliaa s.w. ;"""1Ien byCuaaIrk, IDd dJo tbrIDIt ofall repona. pi..... ad capilltIIeftl ftom, ad IDfpriar YeniaallIIrftotbylIlY DIlDO, -.: tile property orClremldl: IDd lieJliutedlldby capyrtpt.wbich IbII1be ....sbyea......

5.1 TradeM.... TndemIrb; - iInIIt Marb. No. or lilt lIlIY usc III)'trIdeN...., IrIdea:Iub or .mcc awb or or lIlY.... or a,mbolliWy lID be coat'-I wiIIllICIa ..... ,."...tndwawb or..mce JI*'b. UDIou iIlWl'idDa'" • CIflIWIIY peldIEd by dUI~

5.1 .......... AII'f 1D\It1IarIzed dUe__ or .. of C fUe.' Ldbt -w CIa.......Member Couaty or CuI.. hnn-di...ar.puIbII iDJuIY __ lie 'fly wJdaIIDIIeY cJanar AoMlIdiaIIY, if'1aY pIrtJ--&11I10 CCIIIIpIy willa d* SccdaD S. die ~.) will .. CIIIitIlld 10apeciflcJlOi..... iMIudtg. i..., -...:cora ynIIlrei.,OIderQt.......,~......ddt Aplemeat.1IId tv""""" for C- _hit......_) CIIIIDd by ......... _10 III)'

OIlIer remedies proYide4 by Law.

6. UMlTAUOH0. IJAJUUTYI COMPUANCE WlTB LAW.

6.1 WlIl'I'1IIlt1. Thia Ap"'" II DDt a cadrKt Ibr a. ... 01 JOOdL CIrI:art wiD pdlcm dieSeniccI iD I aood'" warknwnJib ...... iII._.... drI CllIIIamI, ...cdl:l., .. _hnll otpnrvidlnakOIed ill 1M iDdaItry. EXCBPT AS WAlUtANI'8D IN 11118 SECI10N 6.1, CAlUNAJK DISCLAJMS ALLEXPUSS .AND ALL IMPUBD WAIUtAN'11BS OF ANY EJND, JNQ.UDINO 11IB surrABIUTY PaR ANYPAltnCULAll PUItPOSB OP TBB DATA OINBRATBD 'ItIROUCBI 'J1D! CAJlBMAH. SYS1'BM. CAREMAItJtRBI ms ON FIRST DATABAHlC. MBDI-SPAN. OR JNDtJSTR.y COMPAIlABLIl DATABMBS IN PIOV1DINOct1STOMBR. MEMBD. COUNTY AND PAll11CIPAN'I'S wrm DIWO tJ'I'IUZATION U'YIBW SBIlVICBS.<:AltEMAB HAS 1J11LJZBD DUB DUJO'INCB IN COLLBCl'INO AND II!POaTDfO TIIB JNFODfA11OHCONfAlNBD IN nIB DATABASBS AND BAS OBTAJNBD SUCH INPOIMAnoN FROM SOU1lCBSBBUBVED TO BB llELIABLE. CAllBMAU, HOWEVBR. DOBS NOT WAJUlANT 11m ACCU1lACY OFRBPOllTS, ALIllTS, CODBS, PRICES, 01. 011IBllDATA CONTAINBD IN 11IB DATABASBS. 1111 CUNJCALJNIlODIAnoN <X»rrAJNED IN 11m DATABASBS AND TBB PODIULARY IS IN'IBNDBD AS Ast.JPPLBMBNT TO. AND NOT It. SUBS'ITI'U'I'B 1'01, 1HB ltNOWLBDGB, BXPUXISK. SKILL, ANDJUDOMENT OFlHYSlClANS, PIWt.MACSTS. OR 01BIDl HBAL11I-eARB P1lORSSlONALS INVOLVBD INPAllnaPANT"S CAllE. nIB ABSENCB Of A WADUNG POll A OIVEM DlUG OR DaUO OONIJlNAnoNSItAlL NOT BE CONSTR.UED TO INDICATB 1'IL\T nIB DRUG OR. DRUO OOMBlNAnON IS SAPB..APPaOPIUATB all Bff'ECI1VB FOR ANY PAR.1'ICPANT.~ DOBS NOT WAIUtANT THAT mS81lVICBS WILL BEUNINTEIUUJPI'ED OR BUDIl PIlBB.

f.2 I'oreeMaJqn. Except fDr 1M pa)i&llt oWIp let farda iD Sectbl 2 ofddl ApMmear. 0-partioI we CXG1IIINI &om peafomuce UlMler'ddt ApouaIIDC .. die thIt • paty II pmlllllid hilipIIIlaaiDIlJIYobItpdoa. ill ... or III pIIt, u .1eIUIt of itt c:aaDo1. ofOad, WKo d¥iJdiItuIbace. c:oart ankr. p.",,,e•• Juan a.. ill Law, by party ar ., tIIiIdparty. &i1uIeI. fIactaatioaI iII.a.etrical pcrwr. bat, air MMjtmi"" or illiG "w_".......... IvrjDOIIpCI'ftII__ uadcr1biI8ecdoe,.2 w01 DDt CIC8d- or a paaad far ...mln......otddl~

6.3 ..........,. To Ibe exfIDt pezwiaecl by appUClibie Law IppJIcIbII ., Cuatomer -:b MemberCouaIy. CuIIoma: IIId Member CountY Jadenmify lad bold IIanDIea C'.uouart .. ill dim:tDrI.cmployeos, ..... aucecaon. aad f'Caa1lllllt , , fiIr. bID IIId .... lIlY 0lIIII0 orattarDcy'. -. aetliaUy i'DI:amcf by eaa t or I Cawaak Iu II ... .-.It or I ddrd party ew. IbItCua1DmIt or Member CouDIJ. its otIIccI. cUrectoA. eqtIoyeeI, IUCCCIIGn, or -1DI1CICd with .........wiJlfulIy, mIIor in violatioa of tppUcabIc I1UdIntJ of care, pnwidcd tbat die Cueark Jodecm- .. ICted ill amumcr that ia coaailteat with 1hfa ApeIl1llllto tbc eo.un. CInI PnapacD .. IpplicabllIIiDdIrdI of cue. Thebe'" icadccnnificati IhaU DOt apply IUId IbID DOt be crafarccable ID Jbo ateat illY IppIic::abIo Law praIdbitI •Member CouDty ft'oIIl pnwidina IOCb iIIdImaiflcatio To tbc CldeDt permitted by appUcUJo Law. CanlaJIIk IIIIUindeaU)t ud bold hum1eu Maaber CauDty. 0aII0DIIr aad tbetr offtcal. dfJecIDn, cqJJoyeea...mcccalOl'ltucl aaipl (coIlecdvely "Customer 1DdaDai1efll1 Cor, fiDm IDd apbc lIlY...... c...... attoraey'. rea.1CIUI117

NACo k4-¥340! WjZI:91 !p!geI!!I ..6 vi 14

__ by _, CuIfOaJr Jndcmni_ II ttae rault of • dIird put)' claim tbat CIItmIdr. ill Dfticcn. cIinIoIan.~ ...... sacecaan. or IIIipIICIed wills -sUae-. wilUbDy.lDlIIor 10 vioIadoR oltppUc:eb1o ......... ofcare. pIOYided d1111be 0IIIuIner IadaaaiIeO bill ICIId baa-.crdIac II coa wi6 Ita~ Ibc Cft'p''"'I'c.d Pi.....ad appIiI;abJc .1aDdIrdI ofc.n. 1IowewI', IIOIbiaI ill ddI 1110 be ClClIIIInIelI ••..-ofpwaiUl/llllll i'lQIllidly • ofraed by die court or ..... Jaw.

" . C....•.. wttII Law. Cucfo-rw ad ......ea.ay wiD ClGIIM' willa .0 Lawa ippueulc fa i1IplttClipdoI& ... bcadk Pia. ial:1adtIII wtdMNt liznitItIcw _",A 1IIIitrlIIt. (UW_ ,..c:._IllyoIbiJr Lawa lilt ., 1ppIy. c...-k ... DD~ tD IdviIo Coaaty or c.••'ar .. die...,aIcabIUly"ofor eompUerc witb., appIhhle Law W ...wJdIout I RlPM. ...~ Itetireraeatx.... Securit)'Act. 01' Ibo~willa or.bGitiet AlA.

Caremak will COIqIIy with aD La_1IpPtiCIbJc to it _10 die SIrricaa it pn,idII __ ~,. ......CauDryad CaatwaartaaYCDD ..,.,.....,....e.-t.....cIiDa ill coqt .,wJicII* Law.

BtfectM U ofSepllli:ollCt 8, 2005, tub pIEty ocrdtleI did it I1IIDDDt'"die fodenlllllli-lcirtdld ...... let .....at 42 U.S.C.113m.-7II(b) ("~......,. or dlBlDdaaI-SIIIt Law,-Jet'" at 41 U.s.C.'l395.("S8a1k LaW'). witIlnBPect tID the ,.fIt......... at ill obliptiaaa..tbia ApIeaamL PurdIIr. eaw'-'" did ....\bit iIIdlWIuIII tile cWIDitiGIl of "C4mIwd ...... (u .. tIlaD is .... ill ... CarpcuIlIIJrIIpit,~ bee 0ftIce of ,.,... GeaIIIl or die Depu_ of HaIda .. s... SInicII IDd~ lid coqtly wit1l CaNuak's Coalptis,... Pmpam. iIIc1udiDa .......... 1D .. AJd-Kic1dJeck__ aDd.. Stalk Law. III Iddidon,c.r-t'I Code ofea.dDct ad poIidaI adpIOIJiiiIIud."~SIatUIie IlDdS1llt Law.yho 1CC1l...dat_jlwnJW'APdt.."....."." l'~.

U aa.....Law. TblpatieI will » cqui1abIy or...~ to" laIDICCCRIIIt IDJ CbIDp II. law or lIlY ill ..~ pdCtic:e .. IIIIJIriIJly .. Ibc riPII 01'

ob or ,., tbiI~ JltbD d widdasixty daY' dar"'pIIl)' DOtiftea dill odIer of...aa....Law or c-. iIIIaItry pqcdce. ddtAp'ollIIIaI wUllldOlatiallly .....

U .LIIIIIta Ja lID ahaD c:ida' plitt ho liIbIe to 1110 odaer pIrtJ, IlOl' ahaIl CII_kbe IIabJo toIIIIJ PutleJpal for ., fIIdiNgt, IpeCiaI. or .............. or ... prdII, .... out or or reIIIId topedbell-_otdU~or.brelcJ&otdrill~ eYIII if.m-lot"'~or..d...... ar btpo81L

CueaIk .. DOt direct or exercite D'1 ecmaaI cmI' ... pro&IIioaIJ judpIitat cxaciIad by .., .......iat iD....''\1 or od8wtIc pmvidiDa~ nIatId Il& • hdcfrdnl~.PII1Ic " chi .. W'tID"'" '·.1.... ar orCa_lei. ... c.ea.k a1d..... HaWUty 10 Member Couaty .. CUatamIt claim.-. out of lIlY act ar .M!' ice ofmy Palicipltbta~orill .....ClI'~

CIrcmat.-n be CbIftkd 10 rely em Pint Data ..... W8di Spua or Illy odI8r.daaII1J swiIIblc repclI" ....01~ priceI IOIecfId by e:.--k 10.... ""'''11# AWl far JI'IIPDiid of..~ die pdciDa )lIOYWed 10eu.cn- aacIer .... Aar-DOAt. e-taaaar .cbDwIedpIlbil ea....does aat ........ AWP. adCIII~IlIaDhaft 110 u.biJiay to 0u1tDmer ....... frvID abo u. of Fiat DlbBnk, Medio8pa or 1117 odla' .....'Iy aYliJabIercportiq 1CIYb. CuaCmact ICbowIodp tbat if ibe ...... IOIIKI b ....... c:u..o-r.• AWP sbaaId DDtcoatbIDc 10 npport AWP, ea-a-11tIU coos-- wkb CaIeaIk tD ..otIIte die prictq 1w6WMlu 10.,*. tbcpuda' rapeotive ICCIDOIIIic PDIbioIl .... t1Ua Ap.....u or.M'ccdve Dabr.

7. 1'I:RM AND TJ:RMlNATION 01' AGUDfDIT.

7.1 T TbiI Aatccnat is tor. fafCfal eena oftine~ 1i'om dac Ef'fcIctift DaIf, dnuJb May 14.:1011. (tho ..&I.... T "").1Dd will autoilJltic:aUy coatinue ill ef&Iet for IlICCCIIlYll _ year tIlnnIlhcftdtr. subject to .the reaiDiDa pl'VYiIiou ofthfs Scctioa.

7.2 TerlDlaatloD. This ApeemeftlIt1I)' be termbIatId u follows:

NACO !tf:\:J.<at2NO!) IRaQI_I "'1or 14

.. By"lIlY PartY. widl or widIDut ca.e. It die end of tbc IaitiII Term or ay NIIIWI1 taDt.. byJivtDI wriIla DOCice 10 die oIbcn It Icut 60 da}I prior Iv the ...oflllCJllaidal TenDor am:

II. Au&DmaticaJ1y. it..pIRieI UI UDIbJe tD", on .. cqubable under Secdoa lUofthil ApcraIDI;

Co By lIlY pu1y if IIIOda _lIdaUy do&uIIa ill ill perram..:e of dill~ ad..dctau1t co"""" 1ridIDut cute for. pcriad ortidy ..,. ...die~ pIIty pmideI wriaea IIOCic::e IvdID dd'tuJtinI party apocU)iDI die IIIbn of1be dIWI;

.. By lIlY puty. -* iii apdoa. it allY eomt" or p.laI._' or repIatary apIIl:J iIIun II)

...... party Ul -- or IiIIlJiDa 'of~ or~. or .. __ to ccuc .........WIitb:lIbuIiII"II 1111 pllt)' .OCehiDI DDdce oraD order or tiDdiIIa..pmYide die __ wria-1IDCic:o wiIWa two......days otreccipl;' '

.. By lIlY JIIdY ifaodiIIr pIIly: (f) aka ID .....,.... fbr die ....ofcrecIlm; (it) ....pcdtIaIa fUtcl (....w1mduY or bmI1uaduy)--Title 11 011118 tJdDd..CadI, ar., adler IimiJIr...... DOW or beredicr ..dI'ecI; (iii) IIa •~. CUItDdia. .......... or tr1IItIDo ...-ato ... « ...1IIdW put of ill pClpCldJ, CD' (iY) ... JIRK*""inI C(II!pIWsIDll ...- it wbidI .,impIia perfcwiiilllCO...... CD'

r. By Cuaaak. jmmcd!JJdy - wna. DOIioJ to MeaIba' Coaid:J ar Cu" II., if (1) cidIer&ill II» gomp1y witb die proviIfoaI ots.c:tba 3.1 of..Aat-ar. or (Ii) CMICIlDIlt doh ia UI ..diNatiuD 1bIt Member Coadty or CUIIoiuIr"I Jlt"OIIlUD-"/- 6tIly COIIIpIy willllIl lawL

7.3 ElI'ect ofT..........SantY'"

SecdCllJll 4. , ad 6 of tbiI Aat........ ad obIipdoat ..... __ ddI A8fIcmut prior to IbodrootiYO datil ofID'/ tIlnDhwdm. wiJI..mc ..mil.tioa.

L NO'DCBS.

AU aodceI ..... dda Aareemat IIIIIIt be ill wriIiIta. deIiwnd iDpcnoa...by CIIti&d mao. deliwndby iii' coador.or ....."""., by &calmi1t ad 0ClIIfirIDed in__ (try_1:GWrier or oatUIod IIIIiI) tit apmy at dID 'aimUe IIUIIIbcrIIId IddI'III I1ao+na bl t1IiI AplaDtdaL A puty may JIlI4ifJ .. GIber pal)' of ill .. u.4 addleD or 'filGIimilo IIIImber bllCClDld.aeo with .... ptovfItaaI ofddl SedIoa. AUIIOIbI mceipL

Vb PI....... CIieDt CoDtnct ScmcaCltCllllWk IIIC.ZZII SIIda Roed, NBT9NarIbbrook, n. 600Q'IXNo.: 847-S9--4302

With • t:OPY 10:

Mini"CouascI, CIicIlI ad Ac:couDt ServicaCarcmut lac.2211 SadcrI Road. NBT9Nor1bbrooIc. n. 60062Fu No.; 847·"9-4879

Naticmal Auocfadoa ofCounIica

Alta: Mr. AJIdt;rN OoldlCbmjdt. Din:c:tar, N.mbasbip NIrbIiaa15 Maille.....Ave.. NW Stc. SOOWuh',-, DC 20001

Fa No.: (202) 393-2630

9. MISCILLAlUOvs.

'.1 aaan _.-at; IJaterpntatln; .......-tJ eou...... TbiI~ (incIPdinI-1ritI, 1dIed*t, .aac...... or .., eddedpm to IbiI~ c:cati1UlDl dID adoblipliml at pIItieI wid». rIIptCt 1D die ScniceI mil -.y prior ~ .......... GIll or wriaeL TbI ....... ba tIdI ApI..-t .. ...s aBly tbr~ orrellNawA ad do DDt dietdlc mea..... ar 1IIaiua or allY pIOYiIk& 1110 ..... -r ... t1dI Ap.... .., ........ lXOPOIlJCDCUIDd wridDI by bodI 11iI AII-- al7 be CMCUIIDd ill ....t ........,.... III of wbIcb...topdIDr GOOIdtu __ dle......

,,2 Uleta AIIIp-m. 'l1da AII- II biadiaa OIl die ~IUCce _ penDiacd NODI of..,....-r ..... dda Aaa....... ill ar ill widIuat..pdarwriIIID or_ otbIn (wIdch'" wiD aat be IIIWt....-Ny widdIItId): acept dIIt CllGIIIItk DY.......Apeamear, ill wboIe ar ill to lit.)' CIIItiIy that caaaoJa. II COIIIIDIW by, or ill .....m"M"- eaatlalwldaCu~

'3 COlllrlCtor; 11lIrd ......... no.... tD ddIA....-.. Iad.,__ coatr"...... !law 1M) o1Mr Iopl roJatbUip .... or ill COOIIIGcdoia willa ddt AIr........ No ... or pnMsioa. of dillAla... is ,. d:Io bao8t of Ill)' pcnaD • fa DOt • pIIty .... (iDcIudIq. 'WitbDDt 1baitIIIioa, lIlY ..deipIDt orbroker'), IIId 110 IUCb piety will lave.,JiBId IX CIIDI ofICldoIl bINuDder.

'A w Nq Idhn by. put)' ID COIIIp1y widlgy 00Nat, .......... or~.. ...-. iaIII)' ott.r....11 or irJltlUIIIDIdI executed IIIlI deIivwtd 1wt6illllllw..y be waived fa writiDI by the J*t1 ill ....fAvor IUOIt eHipdoa or coadi.... I'ID. ClIcept dill fdurl to ...... IIricI~ • .,... ccn-........ or cnncIhion wiD DOt opCII'lI1IDa. WIiwf~«1IIDppeI ..lblllPOC=tea..,.~ ar Gk6i1la.

,oS ..........,. In die eva lIIJ ...or pnwiIfaD ofthil ApecaID fa dIcIaed tD III iaftUcI or iDeplfor aay-. dill Apwdilllt will ill lID. bee tat dct IIIlI wiD III bdwpe'*' .........DMIid orilIepJ poviIioa __ DOt • put or Aar-t ThI ;,;'" pmwtIbII will. ca.In1ed 10 ..wau dID .....tad pIIlpOIe of tbiI AammlIIC ad 1M patta will ill pd fiddl .. 1DDdif)' IB)' bMJi.dIaId I*u topreMITI eacb JIIdP IIlIicfpafed beaeftII,

'" Eaftn:eJDIIIt CIIItI. If Illy pmy bacIo ••Itll"" • Ktiaa or .......;01 fIII1 riPIIariaiaI uadIr dda~ die party pmoaiIiq ia IUdI actkm ot JlI'O call "111I wm bel peId III 11~feea IDC1 CUItIID ednc..nptaby"..pIIty.11ICh..1Dd COllI tD1M lit by 1bo caart. '*by. jury, 1Dll.be iDcIIldDd ill dlejudP""'" ..... ill lucia........

'.7 AIdIaDr'ItJ. Bach pIdy wmudI dIat it hal tbo __.ry power .. .-bari&y to antIltbdo ddlApMJDcatud tD~die......,.. COIdml1tIatld by tbiI A........

,.. Esd"wlty. Mcmbc:lf Cuuaty ad a..aua. ...., .. c.. k dID tenD of dIiIApamaat. ud aay ICDfWIII beRot the act.m rfIbt ID pruYide • a..". Card D CouaCy ladCuItDar. 1111I acluaive riJId il101e1y Ipp...... PaltidpaaII dnipeted by MeaIbw CalIIIty • tu,tbJe tbr theMcdMlr Couaty'. cIiIcomd~ ani JlNIi- ad 11II11 my othar .... ot ........ pmidod \Q

Pu1icipantI by Member CauDty. MemIler CouDty ad c.l/Jq.d duriaI die tenD ofdill AplcmerdIDd lIlY NDIWIII bereof; il will DDt ...... c:oaner. or 1ridI allY dnt -e.ce.w Ilr dill JNIPDI' ofobtIbdDa Ito__ or ad.r diIcouIlIIlCIated IDPuttcfpuD UDder dIia~ MCIIIbcr CoaatJ' .... CuItuaIcr a1Io.... CD caacel aay aiIdDa aar-Idl or COIdnCtI wiI1l IDY clrulmam,fw:;&UI•• III.... to lUCia dnaa .... orc:tiIcouIItsa of1bc Etreetift Ditt ofthil ApuimeIIL la .. cmd at.... ofddl StcdaD b)'Mc:mbcr Cuaaty orCustomer, CueIaIIt rrtay tamiaate thJI Apaemat BYeIIIIeIin& _ ddI AaIco.....~ dual DDt aadanc. _CumnIrk will DOt rcpreaot CuJromIr'. aadoncmeat oflIlY other pmpama or ICn'il:ca wJdcb euea-t Day otIJr CD •Member CouIlly or PIItIcipIJd.

II (8 I 'Jl ' II} f it ft tr; Il( IIIr~ ~I· [p Ji.!R I:)· i~ fl'· ~Ip II·! !r; .~~c

Ii" 8 I' f il_ -! IsO IW ~ ~I i ~ j

~ ~!JJ I r i ,. r w

••• '!!IOU I ~!I I~ ihl 1 If i,g Ii I :(~ ~!J~lu -~ 1>_ - i It t, ; I (;I- itt

~a t~ 1 ~ll w ~~J 1 '. t! II I fll~ _.t I B! iii" (I t t it!' II I it .. r r r r~! r 1°tJ Ef 51 ra .g s- . e.riff 1=1

, 'I

1M WI'I'NESS WIIEUO', the I*tics baw;~.. ApCCmeDl tID be a.oc:uted by tbllir ntIpeCIive duly.udaillcdoJIicIn or ....... ollbe date tint Ibovc writtlllll.·

NAllONALASSOClAnON 01" COUN'l1BSCARDL\RKJ'CS B&Al.11I, LoP.BJI C--.tfCS......,...,u.c.

bI~"'"

I "

Tide: ""sufu-r"..

DIlle: •£--- ?wt?t:f

NACo k4-v3..d1lc (5IZIJOI) 1!!Cllll!l PIp II of 14

BXHIBrt'B

Nau..J "-da......fC......Etr'eedYt·... Iaw alMay IS. 2001 or widdIt 30 ell,. oICU t·. reeofpt ordlil euwted .....

Subject to 111I ..._ condidClDl oftlds ApIlaDcaa. Prop paticipnta utiliziaI die Pa 1hal1 receiw from diePll'ticfplliaa PbIraar:icI Ibc diIcaaII let ibrtb below. 0III0mcr Speciftc Pnltt·""",h .tid..l .me. DOtideDd8e4...will be quo1IId...0&It0Da' requeIL

PropIID PudcipaII will aeceive aDI~ 22% cIIIcoaat OIl ........cdpdOD drq "'-CIioBI ...JRICripIiclIII..purc:IrIIId at I Ptrtkipwtiaa md p1IIrIIIIcy. I Careuaot Mail III' I e..a.ut~ pIIInIIIc)' •COIIIpIIOd lID .... pIIIrzaKy'. ...... .. ad cu."-'-, price (die cab ..,... CIIIIIra. price). Ptoja...PardcipIata will ..ply IDOrI tbr I J1iCiICf.... drq ""-....by die n.n will be draailia aader ddIJlIOII'IID tbat will beprbd .. dID pbaausy y price ....dIIt ....lID Of fkwnb1e tD tIIrir CCID1I.....0. rae wi1Il Cacuwk.

Prlcelaay vuy ill certaia... b .... 1ICIt lllocIJ Iep1~~ 1oc:Idm, ....u.t........... pro em_, IiIaiMd &YIiJabiJit:y. aaaantiDIr7 .'_':iIi or OIlIer .,.,.. CIlia..'.coatmL~ I't8IracieIIId ooJllct 10m...PaOlI- aD tppIbbll far 00WItd hinDI, IIIllea.a.t II DDt &bIi Ix !be JlIYIIIIDt of appUcahIc IIUL Outalk doll 'addpiaa ...... the....... let fadIa .". is buecl upoIl.... pbIr.-cy _wcak pedx...-:a. AD clabl ..,,, .......-elkpurpoMI 01 clerallllaiDl .... Ktua1 aver-. cIiIeauDI am. ACIUII cIIIcouDt rUcI may .., by druao Partk:IpednaPb8rmIcy. Caemalk Mail PJIarmIcy mil CaacadE Speciahyb~. C'erIIID IIIIiJ, ad ad Specialty 0....aay be 1IC1udIcl ttam ntII, tactadtDa _ Dl:It lbaitDd ... CIaImI b ...~..ad.... cnl cbupa.t _ bin+- I",b! ill c:oqMlUQd drup, 1IIll....nquiriDa 1pICIaI1mwtH.

NACo Ir!=y).doc (5I2I1!!) 11bCW., ,. 12 0114

EXHIBrrc

CAJtDIAJtKrCS 1llALTB,L.P.NATIONAL'AIIOCIA.DONO'COVNTIU

MANAGDPlWlMACYUNIftISDVlCDAGDIM&NTlORMDIBatC01JN'I'Y

TbiJ Maaapd I'bInaKy BeadIt Scniccs~ lor MeIaIx:reaa.,eft'ectiWiI 0II1Ind iato by lUd1»otwwD Ca..-tPCS IfcrIIdI. LP. ("'CU....r) aDd -----.:.----

("M..... CeIIIItJi. JleIMnce • __, ....... u ...... PJau..., a-& Strvkw~...Cow....c.nI PltlplllldMN u otMay IS. 2001 (60 ' Ap••••n IIIIaDI NetireJ Arr Iet'.- qCCmdj= ("ODe..".Mcmbar Couat;v.lIDIl CuOUlllt IUIdor wbich~ IIu .....e...ut III ......... tl) pMliipdGa dmapial &ra.. mr&ad ill Momber CouadeI .

MBMBBll cotJNTY cIoea ..., .... to .. bClIaad by. aad to _ ad aU of die IIiIJDI,wv..-1Dll or_Apwuaatu C'.oIIDIy(udcs.t Ill..Aa-a-t) fa

.......... Wit &parlJ keto. CouaIJ 1CbowIed,. ........ dillo. , c..aat

.y..... au. ID7 pordaa of the Apaatat. ac:cpt willa IIIpIlCt ID diDl:aitf.II TIIIDt lid CauaIy..,

... 10 be ballad IIy IJJ1I11Cb ......nnt 01__ tIaU live c.., .-we prior tit ..etIkdw ... at.", ... •me.... JlIUCf;., "nul II to),fen!lww 0JaaIJ' ar ill Pldk ...CGUII&y .-y. widIia DiDety (to) dIyI of .... lUCIa aadce hID 0IIt0IiD........ hipa~ iD ...Aareematby livilllprior wrilillD aoticI to CUll 1_"e:ua-t.

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CuI-.. UMl CII..t. by Ibdr ....... IIentD. .. ad to MombIr CaaaIy"......... willa ....Apee..- __ die bmuI IIIll 0ClIIICfitim'I of tilt A.aa-aaf. By ddI M"III" .......,. a-tit SerriccIApccmnt'" Member Cauaty. MIlIIIbcr CGaJdy daow.... _ 1bat 1M ...... oldieA..-haw..~ ..... tbUy......1IDud IiId vobudlrily ICcepI6d ad fIIrk be boaIId.....,.NAnoNAL ASIOClATiON OJ' COUNTDS

By:

Tide:

Dale:

MDIBD COVNTY:

(Cowscy NliIDCIJ

By.

Tide:

NACo k4-Y1cIac (5I2I5'1!a9W ... 13 or 14

CAI1DfAIIDOJBlALTB,LP.IIJ; e.-trI'CSa.ItIa".1 •LLC, III~......By.

Tido:

o.a.:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY~MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 48

The Purchase Clerk and the County Administrator discussed with the Board the use of the

state's small purchase procurement card program. The County Administrator was requested to

formulate a policy prior to adopting said program.

There was no Board action taken on this matter.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 49

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER ACCEPTING THE BID OF SAFETY SYSTEMS OFBILOXI TO PROVIDE SERVICES TO ALL HARRISONCOUNTY LOCATIONS FOR ANNUAL INSPECTION,TAGGING, RECHARGING OR REPLACING OF ALL FIREEXTINGUISHERS AND THE SEMI-ANNUALINSPECTIONS OF ALL KITCHEN FIRE SUPPRESSIONHOOD SYSTEMS AND THE BID OF ADS SYSTEMS TOPROVIDE SERVICES FOR THE ANNUAL INSPECTIONOF LOCATIONS THAT HAVE FIRE SYSTEMS

WHEREAS, the Board of Supervisors does hereby find as follow~:

1. That this Board, at a meeting heretofore held on June 1, 2009, adopted an Order

authorizing and directing the Clerk of the Board to cause publication to be made ofNotice of

Request for Bids for Annual Inspection, Recharge and Purchase of Fire Extinguishers and Fire

Hood Systems for all Harrison County Facilities.

2. That as directed in the aforesaid Order, said Notice of Request for Bids was

published in The Sun Herald, a newspaper published and having a general circulation in Harrison

County, Mississippi, for more than one year next immediately preceding the date of said Order

directing publication of said notice, and that the Publisher's Affidavit of Proof of Publication has

been filed with the Clerk of this Board, by said Clerk exhibited to the Board, and shows that said

notice was published on June 4 and 11, 2009.

3. That publication of said notice has been made once each week for two consecutive

weeks, the last of which was at least seven days prior to June 25, 2009, the day fixed for

receiving said bids in the legal notice identified in paragraph one thereof: said Proof of

Publication following this Order as Exhibit A.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, NIISSISSIPPI

MINUTE BOOK OCTOBER 2009

4. That on June 8, 2009, an Order was entered designating the Board's

representatives to receive bids on June 25,2009 on behalf of the Board.

5. That bids were received at the time and place and in the m~er provided in said

Notice of Request for Bids, at which time said bids were opened, read aloud, and have remained

on file with the Clerk of the Board. The bids received follow this Order as Exhibit B.

6. The Board does hereby find that the bid of Safety Systems of Biloxi is the lowest

bid meeting specifications and therefore, the best received for annual inspection, tagging,

recharging or replacing of all fire extinguishers and the semi-annual inspections of all kitchen fire

suppression hood systems, that said bid is reasonable and fair and should be accepted.

7. The Board further finds that the bid of ADS Systems is the lowest bid meeting

specifications and therefore, the best received to provide services for the annual inspection of

locations that have fire systems. It is therefore,

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the bid of Safety Systems ofBiloxi is HEREBY ACCEPTED for annual

inspection, tagging, recharging or replacing of all fire extinguishers and the semi-annual

inspections of all kitchen fire suppression hood systems. It is further

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the bid of ADS Systems is HEREBY ACCEPTED to provide services for the

annual inspection of locations that have fire systems.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, lVIISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

PROOF OF PUBLICATIONSTATE OF MISSISSIPPICOUNTY OF HARRISON

NOTICE OF INVITATIONFOR PROI'O$Al.SSealed~ will boo ..,.C8pl8d by \hoi Board 01SIlpIINIIonI III H.m.on

~~=.,~=FlnIl .JodcMII1>loIJIc:I Court·houIe"~ loIooiaiIlIll.unaI ...1Itur1lI·10;30.'doCkA.M. llI1 June 25, 2009 lor

I "SERVICES FOR ANNUAL

I~'ANDPUR'

ICHASE OFALL FlflEEXTlHCJUIllHERS. FlAEAI.ARMS . NolO H(X)I)SYSTEMS FOR HARRISONCOUHJY." .' •""...-....-mayoblllln • :r.=:::::: PloCk·

:.~ rrm~~....~=.~'J;C~,IocaIed In the ,,",. Ju<ir:Ia10_ Courlhtxl8e ll/'180123nl A..... GulIpoIt,~ .pi~n the _ af 8000 :AM Ifld 5:00 PM. .

:r:.ceett."":.::.:'pIIor til hi "'*'''9 time as--' ...",.. All j"ropa$aI5must be seaIoId and cttartymlllluld on "" 0I/IlIid8 cllhe

~S~~~l~~ AND PUR·ICHASE OFALL . FIREEXnNGU~ERS. AREALARMS AND HOODSYSTEMS fOR HAAAlSONClC/IMTY TO BE OPENEDON JUNE 25. 2001I."EnWlope$ not ... merked.",sWnlIaed at IhoI risk of the=Vendor and the ,

....m. no respon8'IbIIly ...premalUN 0pen­Ing of _ ~ ert'/ CoIRY=:.. _ lhroUgh tile

U.S. Mall ... dcIle eo til IhoIrisk01.... Pn>opIIc:IiveVendorlIIld 8houId be~ tothe H8tIieon CclunIy Board ofSolpllllris<n, In en of IhoIl'Ili'dla$lng 0epaItment, POIIl()lfica Illawer CC Gulfport.MboIiI8IIlPI 39502. ThoCoUnty r,NOTresponsible forpro__ lhaI ...... in tile

mall all8r 1he :"a::all>dopening time. Pnl . mayboo dolIYwed In ""'""" til 11IIIH.Irieon CC>W1fY PurdlasingDotpar1nIolnt in tile finl J...didaI Oislllet CGurfhouNIooIIIed at 18111 23rcI Ave.GuIIpoI1.~ lI'ItiI5:OO

. p.m.on W.....-y. June 24.2IlOll. at tile BoaIIl ofSUpervIslII's rneetinQ room atfhe First Jud.... DislIfctC<uIIw>_ "' GuIIpoIt. MisS­issippi on l1llnday. June 25.2009 prior lo 1he opening time....~_.

II Tho BoaIIl ofSupervillor'a willmeel at tile ..... and In Ihe~ lIl8bId hlllove·1n thisNotice lindwt.1hen and 1he'"open. *" aloud, con8ldarand lake IUCh _ aa theBo.mmay1henderetmlne onpropoaela rltCelYvd In accord-'"""a wiffl fIlis NoIlcoI. TheBo.m_Ihe rtght 10 reoled any Ifld aI~ and10 WlIIiw inlormdttes.By Order 01 the HII(JisonCounty _ of SuplllYlSotSadoptild on 1he ,.1 day ofJune. 2009_IN John McAdam.

~JBo.mol~_"",,_.4...:...,1...:...'.__13271108

Before me, the undersigned Notary of Harrison County,

Mississippi personally appeared C,R \"SS'f\ L-bVXwho, being by me first duly sworn, did depose and say that she is aclerk of The Sun Herald , a newspaper published in the city

Gulfport ,in Harrison County, Mississippi, and the publication

of the notice, a copy of which is hereto attached, has been madein said paper ~ times in the following numbers and on the

following dates of such paper, viz:

Vol. \dS No.,&&6: dated~ day of 3'"l JnQ ,20..ffi--

Vol. \at~ No.~ dated _\_l_ day of :Ii,\'\ Q ,20I;[L

Vol. NO'1~_ dated __ day of ,2O__

Vol. No., __ dated _~ day of ,2O__

Vol. No., __ dated __ day of ,2O__

Vol. No.,~_ dated __ day of ,2O__

Vol. No., __ dated __ day of ,20__

Affiant further states on oath that said newspaper has beenestablished and published continuously in said country for a periodof more than twelve months next prior to the first publication of said

notice.JUN i 2 ZOOS

Clerk

Sworn to and subscribed before me this~day of

.__.~_\._¥'Q.. ... .. ..... ,A.D., 20 ()Sfi( ''\t,~ ~ i /", f.:-i:::f: ~ U:-':' !

..!,' 't'·'j~'·}~~j~~~f{~t~f/;~;~~..·__::_"Dlll-""-:.......:r,/...-y..::......£...:::::::......:·:3-=··=--e..:..r-=.(......=...:...A_~__C.7¥=--__

". --- ...... - .... "._ .._._..._-- - _ Notary Public

Printer's Fee $~ _

Furnishing proof of publication $ ~ _

TOTAL..........·lEX~JBrT]

H· ARRISON COUNTYPURCHASING

. 180123rd Avenue. P. O. Drawer CC • Gulfport) Mississippi 39502-0860(228) 865~4084 I FAX (228) 865-4223

ADDENDUM

TO: All Prospective Bidders for Services for Annual Inspectio~ Recharging andPurchase ofall Fire Extinguishers, Fire Alarms and Hood Systems for HarrisonCOl.U1ty.

DATE: June 22) 2009

FROM: Melissa L. Pope, Purchase Clerk

HE: Addendum Number 1

******************************************************************************

This Addendum Number 1 is being issued for Annual Inspection, Recharging and Purchaseof aU Fire Extinguishers, Fire Alarms and Hood Systems for Harrison County to clarifyand correct the previous Bid Form included in previous specification package. Please usethe bid fonn included in this corrected specification package attached.

Responsive Bidders must acknowledge receipt of this addendum by signing and attaching a copyof this addendum to your bid.

June 23, 2009DATE: -----_...::-....----------------------VENDOR: StFETY SYSTEM~ OF BILOXI, INC.

Z#hU4'~a~~SIGNED BY:/ Jimmie Lo MoAan, President

/ADDRESS: __P_o_O_._D_RA_W_E_R_60_3_9__D_'_I-be_r_v_i_l_l_e~,_M_S__3_9_5_4_0-_6_0_3_9 _

TELEPHONE: __2_28_-_3_9_2_-2_0_0_0 FAX: 2_28_-_3_9_2_-5_0_8_6 _

Melissa L. PopePurchase Clerk

INSPECTION BID PRICING

Perform an Annual InspectJon

of the Fire Alarm System at

specified locations.

Perform an Annuc;ll and Semi

Annual Inspection on all fire

extinguishers which Includes

tagging and all reports submitted

after Inspection

Semi-Annual Inspection of Kitchen,

Fire Suppression Hood Systems.

$ No Bid

Per Inspection/Per Location

$ 2.90'-------Per Inspection/Per Location

$ 38.00

Per Inspection/Per Location

"We understand that some locations may be larger than others. The following facilities

are very large and may have multiple Inspections. Some locations may require you to

call and make an appointment before Inspections can be performed (for security

reasons).

Adult Detention Center~Jall - Plesse call for appointment

GUlfport Courthouse

Health Department-Gulfport '

Juvenile Detention Center - Plesse ca/l for appointment

Allied Enterprises Office &Warehouse

Biloxi Courthouse

Sheriffs Inmate Work Center- Ple~s9 08/1 for appointment

BID FORMITEM SIZE PURCHASE PRICE FOR NEW PRICE OF

EXTINGUISHER RECHARGECarbon Dioxide Extinauisher 2.5 lb. N/A $ 2.00

5 lb. 88.00 5.50

10 lb. 138.00 7.50

20 lb. 201. 00 15.00

Dry Chemical Extinauisher 2.5 lb. 21. 35 3.00

Sib. 33.00 5.00

10 lb. 47.50 7.50

20 lb. 86.00 13.00Dry Chemical Extinguisher 21. 35 6.00(Purole K) 2.5 lb.

51b. 33.95 9.50

10 lb. 55.00 15.00

20 lb. 86.00 25.00ABC or Multi-Purpose

23.00Extinauisher 2.5 lb. 6.00

Sib. 33.95 9.50

10 lb. 55.00 15.00

20 lb. 86.00 25.00

Pressurized Water Extinauishers 2.51'61 gal. 78.00 5.505 lb. N/A N/A

10 lb. N/A N/A20 lb. N/A N/A

Water Mist Extinfluisher 2.5M gal 118.00 13.006-li te f>It'iJ. 105.00 1, no

10 lb. N/A N/A20 lb. N/A N/A

Wet Chemical (Kitchen Use)2.5M.ExtinQuisher ~a1 153.00 43.00

6-litel Mb. 143.00 43.0010 lb. N/A N/A20 lb. N/A N/A

Clean Aaent Extinauisher 2.5 lb. 78.00 42.00Sib. 132.00 67.00

101b. 258.00 139.00

20 lb. N/A 280.00Halon 1211 Extinguisher

113.00(Computer Rooms Onlv) 2.5 lb. 42.00

Sib. 149.50 67.00

10 lb. 264.00 139.0020 lb. 454.00 285.00

228-392-5086

I CERTIFY THAT THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS

THESE SPECIFICATIONS

Date: June 23, 2009

Vendor: SAFETY SYSTEMS OF BILOXI, INC.

/~/~'L-Signed By (Name &Title): ;l,i~immie L. M~gan, President

;/

Address: __P_._O_._D_r_a_we_r_60_3_9 D_'_I_be_r_v_il_l_e_,_M_S__3_95_4_0_-6_0_3_9 _

Telephone: .---;2;::,:2;.:::;8-:-3::;.,:;9..:.2-:-2::...::0;.;;,0.;:..0 _

Fax: --------------------------

PLEASE SUBMIT YOUR BID ON THE BID FORM.

FAILURE TO DO SO MAY DISQUALIFY YOUR BID.

H ARRISON COUNTYPURCHASING

, 1801 23rd Avenue. P. O. Drawer CC • Gulfport, Mississippi 39502-0860(228) 865~40841 FAX (228) 865~4223

ADDENDUM

TO:

DATE:

FROM:

RE:

All Prospective Bidders for Services for Armual Inspection, Recharging andPurchase ofall Fire Extinguishers, Fire Alarms and Hood Systems for HarrisonCounty.

June 22, 2009

Melissa L. Pope, Purchase Clerk

Addendum Number 1

******************************************************************************

This Addendum Number 1 is being issued for Annual Inspection, Recharging and Purchaseof all Fire Extinguishers, Fire Alarms and Hood Systems for Harrison County to clarifyand correct the previous Bid Form included in previous specification package. Please usethe bid form included in this corrected specification package attached.

Responsive Bidders must acknowledge receipt of this addendum by signing and attaching a copyof this addendum to your bid.

DATE: __----'~~)"],~'i=__~_o_.!...q _

VENDOR: Aj)5 SLfSTt€1n ~

SIGNED BY:~~ ~Avb L. PCJ~ L

ADDRESS: _-.:.-1~_)_4_s"'_O~(l.,-,_tW_j,_6_G_..fUN_f._/l_'/)_'_G_j)};_P_JPI_Il7L-J)L-"yf}_.{_~_~_(J.3

TELEPHONE: ~2-t - 539 -'lor;-7 FAX: 2rU-r31-'1oi..f:,

Melissa L. PopePurchase Clerk

ITEM SIZE

Carbon Dioxide ExlinQuisher 2.5 lb.

5 lb.

20 lb.

Dry Chemical Extinguisher 2.5 lb.

5 lb.

10 lb.

20 fb.Dry Chemical Extinguisher(Purple K) 2.5 lb.

Sib.

10 lb.

20 lb.

BID FORMPURCHASE PRICE FOR NEW

EXTINGUISHER

I'~.OOzs-s.oc,

JJ)A2,5".00I{tJ. () 0

s~·oo

12-" . <)0

IJ)A

PRICE OFRECHARGE

IJ/ASS".oo

N/A10. 0 0

1200If.oo

AJiAABC or Multi-PurposeExtinguisher

Pressurized Water ExtinCluishers

Water Mist ExtinQuisher

2.5fb. z,S". ~O lO. do51b. "10. (10 J'l.OD

10 lb. 5". aD 1'i'.0020 lb. /1. Go. ot) 2-Z.~D

:l.Q16. lOS"· 00 11..0-0

~. JJIA /J)AWet Chemical (Kitchen Use)Extinguisher

Clean Agent Extinauisher

2.5 lb.

51b.

10 lb.

20 fb.

2.5 lb.

51b.

/oJ/A JJIA

8', (.J 0 AJt1Q'D (UPl.JA4 ()VV7

1'1"'. "0 .,

Halon 1211 Extinguisher(Computer Rooms OnlY)

111-8

2.5 lb.

Sib.

J 1$"·00l.JArr.oo

INSPECTION BID PRICING

Perform an Annual Inspection

of the Fire Alarm System at

specified locations.

Perform an Annual and Semi

Annual Inspection on all fire

extinguishers which includes

tagging and all reports submitted

after inspection

Semi-Annual Inspection of Kitchen

Fire Suppression Hood Systems.

$ i------..:/~7_~_._O_<J~

$ 3S': Q()

Per Inspectiont'fler Locati~-It A J,.IL. L-o CIA"/') t/.... S ~.>L <.6- h 7 J.,) s i 6.b 13dL.ow

$ ~s.oo + '.00 P~L.pUK

lEer InsPec~er Location'* A~ "-4t:..-,...,-,iJok!

**We understand that some locations may be larger than others. The following facilities

are very large and may have multiple inspections. Some locations may require you to

call and make an appointment before inspections can be performed (for security

reasons).

Adult Detention Center-Jail- Please call for appointment

GUlfport Courthouse

Health Department-Gulfport

Juvenile Detention Center - Please call for appointment

Allied Enterprises Office & Warehouse

Biloxi Courthouse

Sheriff's Inmate Work Center - Please call for appointment

NON E U S7'G '0

6~1'\-" ''''L( ~~.sp~ iJ06A'TlP."J

~ZOb.O¢

.so.aDs SO. ob

j 50.00

I CERTIFY THAT THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS

THESE SPECIFICATIONS

Date: __-----.::~:::....:.......1_2_~~_O_1-----------__

Vendor:__--LA...!-JJ..:....-.......'$--=S:::....Jt_ST<:-:.......Yn__S _

Signed By (Name &Title): 62~ tJ2-,QL-1) L. f,,)oIL. ~MJf../L

Address: -----"/......::b'--I_'I~~---"'O"'----'----Il4W----'-'---=-(,-=l'__::::....:6=--(1.()_v_{._)4;_,,_p _

Telephone: _..::::z.:........2i':....::::.....--...:::.r-=~~'_---L.'fc-=-".:::_f'..!-7__~~_~~ _

Fax: -------=--------------------

PLEASE SUBMIT YOUR BID ON THE BID FORM.

FAILURE TO DO SO MAY DISQUALIFY YOUR BID.

810 FOR

ANNUAL INSPECTION, RECHARGING AND PURCHASE OF

ALL FIRE EXTINGUISHERS, FIRE ALARMS AND HOOD SYSTEMS FOR HARRISON

COUNTY

INTENT:

To provide annual and semi-annual inspection of Fire Alarm Systems, replacement,

recharge and tagging of all Fire Extinguishers, and Kitchen Hood Fire Suppression

Systems (if installed in facility) within all Harrison County Facilities.

SCOPE:

This contract shall cover the requirements of all Harrison County maintained facilities for

fire alarms, fire extinguishers, and kitchen hood fire suppression systems. This will

include parts, refills, annual inspection (including reports), proper tagging and

maintenance.

All services shall be performed in strict accordance to the National Fire Protection

Association standard NFPA-10 and NFPA-96, latest revision accepted by the State Fire

Marshall, and manufacturer recommendation. as well as any other applicable OSHA,

DOT and/or federal regulation(s).

REQUIREMENTS OF FIRE EXTINGUISHERS:

• All fire extinguishers shall be standard, new goods, latest model of regular stock

and with all parts regularly used with items and with no attachment/part which

has been substituted/altered or applied correctly to manufacturer's recommended

standard practice. Approval shall be stamped on extinguisher in a permanent

manner.

• All fire extinguishers described herein including all component hardware, charge,

propellant and packaging shall be new and unused. Prices shall include units

fully charged in accordance with manufacturer's recommendations and all

requirements herein. The fire extinguishers shall be free from defects that will

affect its appearance and service ability.

• Identification - Each extinguisher shall have a plate or panel permanently affixed

which shall include bar code label, manufacturer's name, serial number,

instruction for use, directions for charging, size and type of extinguisher. Must

also include Underwriters Laboratories, Inc. approval with type and ratings.

• Material - the fire extinguisher shall be corrosion resistant. The fire extinguisher

(inclUding all component hardware), charge and propellant shall be new and

suitable for use intended. If a pull-out type pin is utilized to lock handle in the

safety position. the pin must be steel or aluminum as furnished by the

manufacturer.

• Delivery - each extinguisher delivered shall be neWly charged and shall have an

approved standard service tag meeting the specifications of the Uniform Fire

Code. Fire Extinguishers must also include a tag for the purpose of recording

service dates.

TYPES OF FIRE EXTINGUISHERS:

The following list of extinguishers provides a fair representation used within most State

Agencies. Not all state agencies use the same type or quantity. All extinguishers shall

meet National fire Protection Association Standard NFPA-10, latest revision accepted

by the State Fire Marshall.

• Carbon Dioxide Extinguishers

• Dry Chemical Extinguishers

• Dry Chemical Extinguishers (Purple K)

• ABC or Multi-Purpose

• Pressurized Water Extinguishers

• Water Mist

• Wet Chemical ("Kitchen Use")

• Clean Agent

• Halon 1211

CARBON DIOXIDE EXTINGUISHERS:

The contract price per unit for annual maintenance, recharging and hydrostatic

testing shall include the installation of the proper HMIS Label, Un DOT Label,

replacement of tamper seals and replacement of the extinguisher pUll pin if

necessary. In addition, the contract price for all carbon dioxide extingUishers shall

include a Conductivity Test on all hose assemblies. If the hose assembly passes

the Conductivity Test, a Conductivity Label shall be affixed to the hose as

described in NFPA-10. No additional charges for these items shall be allowed.

DRY CHEMICAL:

The contract price per unit for annual maintenance, recharging, six year (6)

maintenance and hydrostatic testing shall include the installation of the proper

HMIS Label, Un DOT Label, replacement of tamper seals and replacement of the

extinguisher pull pin if necessary. No additional charges for these items shall be

allowed.

HALON 1211 EXTINGUISHERS:

The contract price per unit for annual maintenance, recharging, six year (6)

maintenance and hydrostatic testing shall include the installation of the proper

HMIS Label, Un DOT Label, replacement of tamper seals and replacement of the

extinguisher pUll pin if necessary. No additional charges for these items shall be

allowed. In addition the contract price per six year (6) maintenance or

hydrostatic testing of any Halon 1211 Fire Extinguisher shall include the

reclamation fee and price per pound of additional Halon 1211, if necessary. No

fully discharged Halon 1211 Extinguisher shall be recharged without prior

approval from the client agency-designated contact and upon determination of

necessity of Halon 1211, as the fire extinguisher agent.

DESCRIPTION OF SERVICES FOR EXTINGUISHERS:

• The following are general specifications for fire extinguisher maintenance,

inspection, repairs, parts and refills.

• All extinguishers maintenance. inspection, repairs, parts and refills shall

meet National Fire Protection Association Standard NFPA-10 latest

revision accepted by the State Fire Marshall.

• Maintain all portable fire extinguishers as fully charged and in operable

condition.

• Ensure proper labeling of all portable fire extinguishers (checking weights,

pressures, etc. when appropriate).

• The contractor shall be required to furnish all labor, materials, tools and

equipment in performing all operations in connection with the annual

inspection, hydrostatic testing, maintenance, recharging and repairs to all

client agency owned fire extinguishers at the various locations.

• The contractor shall be factory authorized to perform repair, maintenance

and inspection of fire extinguishers or equipment listed. Only authorized

factory parts shall be used.

• All repairs shall be pre-approved, by the designated site contact.

• The contractor will call each location forty-eight (48) hours in advance

before testing that location to insure all fire extingUishers are made

available for such inspection.

• The contractor shall be responsible for providing each designated site

contact with the serial number of any fire extinguisher removed from the

site for repairs and/or any other reason. All fire extingUishers shall be

returned to their proper location(s) prior to submission of invoice(s) for

payment.

• All repair and replacement parts shall be NEW and the installation shall be

in accordance with the manufacturer's recommended procedures and

National fire Protection Association Standard NFPA-10, latest revision

accepted by the State Fire Marshall.

• The contractor shall be responsible for prOViding loaner replacement

extinguishers of equal size and type, at each site while authorized repairs

are completed. Such loaner replacements shall be supplied at no

additional cost to the client agency and shall remain available for client

agency use until all repairs have been completed and the equipment is

returned to facility with proper labels and tags in place.

• The contractor shall guarantee all material and workmanship for a period

of one (1) year, only after acceptance by the designated site contact.

• The contractor will be responsible to pay for any fines or added charges

incurred because the said contracted work was incomplete and or

overdue.

• The client agency designated site contact shall make in progress and final

inspection(s) of equipment and shaH be satisfied with the equipment

operation, prior to submission of invoice(s) for payment.

• The contactor is prohibited from disposing of any Ozone Depleting

Substances by direct release into the atmosphere. The contractor shall

employ recycling and other conservation practices applicable to the State

of Mississippi and the Federal Government to the utmost of their

efficiency.

REQUIREMENTS OF FIRE ALARMS:

• All Fire Alarm systems installed in specified location must be inspected

annually.

• If repairs are needed, steps will be taken to address these issues at

that time.

• Some areas may have restricted access. Please contact the site

contact to set up an appointment.

DESCRIPTION OF SERVICES FOR KITCHEN HOOD FIRE SUPPRESSION

SYSTEMS:

• All kitchen hood maintenance, inspection, and repair seNices shall be

performed in accordance with National fire Protection Association

standard NFPA~96, latest revision accepted by the State Fire Marshall.

• All repairs shall be pre-approved by the designated site contact.

• The contractor will call each location forty-eight (48) hours in advance

before testing that location to insure all equipment is made available for

such inspection.

• All repair and replacement parts shall be NEW and the installation shall be

in accordance with the manufacturer's recommended procedures and

National Fire Protection Association Standard NFPA-96, latest revision

accepted by the State Fire Marshall.

• The contractor shall guarantee all material and workmanship for a period

of one (1) year, only after acceptance by the designated site contact.

• The contractor will be responsible to pay for any fines or added charges

incurred because the said contracted work was incomplete and or

overdue.

• The contractor shall be factory authorized to perform repair, maintenance

and inspection of Kitchen Hood Fire Suppression Systems or equipment

listed. Only authorized factory parts shall be used.

ADMINIS"fRATIVE REQUIREMENTS:

Service Reports I invoices: Technician service reports I invoices must include

make and model number of equipment being serviced, date and location of

servic,e. arrival and departure time for each service call, description of

services performed, technician's name, signature of designated site contact,

and be legible. Service reports I invoices must supply manufacturer and

manufacturer's part number for all parts used in repairs and billed to Harrison

County. An original report I invoice must to be submitted to the Harrison

County Administrator's office to be submitted for payment.

Non-Performance Clause: Should it be found that the quality of services

being performed is not satisfactory, and that all the requirements of the

specifications are not being met. the contractor shall be informed by Harrison

County of said deficiency and shall be given an opportunity to correct the

offending condition.

Terms: This contract shall run for a two (2) year term .upon signing of

contract with the option to renew for an additional one (1) year term.

LOCA"fION LISTINGS:

The following location listing is the Harrison County Facilities where all

services will be performed. Each building has listed the amount of

extinguishers currently used in the facility, additional fire extinguishers

needed as recommended by the Harrison County Fire Marshall, Fire Alarm

System and a Kitchen Hood Fire Suppression System (if present).

Current Number of FireLocation Address Number of Extinguishers Alarm Hood Fire System

Extinl!u ishers Needed System

Amos Croutch & Hanna Knox 155 to Jackson Street· I 0 noBall Field Concession Stand Gulfport

Building (adjacent to Sr Ctr)County Farm Road - I 0 no

Gulfport

Clarence E. Johnson Con Std 13500 Three Rivers Road 1 0 Yes

Cty Farm Road Vol Fire St12343 County Farm Rd-

2 0 noLyman

Delisle Vol Fire Station25242 Cuevas - Delisle

3 0Road - Pass Christian no

Cuevas Vol Fire Station22338 Fire Station Road

0 I- Pass Christian

no

West Harrison Fire station10071 Vidalia Road-

0 2Pass Christian no

D'Iberville Civic Center10395 Auto Mall

6 0Parkway w D'Iberville

yes

East Harrison Vol Fire Dept 15445 Hwy 15 - Biloxi 2 0 no

Espy Ave Soccer Fld Con Std1610 Espy Avenue-

0 I noLong Beach

Good Deeds Community Ctr15101 Madison Avenue -

3 2GUlfport yes

Adult Detention Ctr - Support Sve 10451 Larkin Smith drive4 0

Complex - Gulfport no,

Yes-GE

13050 Seaway Road-54 ESTJ

Adult Detention Center (Jail) (Halon 0 Edward yesGulfportExtinguisher) System

Tech

Code Administration16409 Community Road

0 2 no- Gulfport

Department of Human Svcs Seaway Road - Gulfport 0 1 no

Harrison County Sand Beach842 Commerce Street -

4 0Gulfport no

E-911 Office15309· B Community

1 0 noRoad - GulfPort

Engineering Department15309 Community Road

0 2 no- GulfportFairgrounds Concession Office & County Farm Road" 4 0 noMeeting Rooms GUlfport

Fire Services Office and Station20121 West Wortham

4 0Road· Saucier no

First Judicial District Courthouse1801 23rd Avenue -

27 10Gulfport no

Health Department-Gulfport1102 45th Avenue -

18 0GulfPort no

Health Department - Biloxi 761 Estes Blvd. - Biloxi 4 0 no

Justice Court524 Lameuse Street -

2 0Biloxi

no

759 McElroy Street·10 Yes.

Juvenile Detention Center (Halon 0 Notifier yesBiloxi Entinguisher) AFP200

Mosquito Control10070 Larraine Road· 1 0

GUlfportno

Office Building2315 17th Street - 4 0Gulfport no

Office Building5224 A. Avenue - Long 4 0 noBeach.

Office Building - Allied 10280 Larkin SmithEnterprises Office & Warehouse Drive - Gulfport

31 0 no

Office BUildings - EJection Corom2620 24th Avenue -

6 2Gulfport no

Outside Building & Grounds10076 Lorraine Road·

1 1Gulfport no

Road Department 10076 Lorraine Road - 1 0GulfpOlt no

Road Dept D'Iberville Wk Ctr313 First Avenue -

3 2Gulfport no

Road Department Long Beach 605 1/2 N. Seal Avenue -2 0

Work Center - Garage Long Beach no

Road Department Long Beach 605 1/2 N. Seal Avenue·1 0

Work Center· Office Long Beach no

Road Department Lyman Work 15001 County Farm Road 2 0 noCenter - GulfportRoad Department Woolmarket 16395 Old Woolmarket

7 0Work Center Road no

Sand Beach - Small Engine 526 East Railroad -1 0Repair shop Gulfport no

Sand Beach Office & 842 Commerce Street - 2 0Maintenance Building Gulfport no

Sand Beach Shed842 Commerce Street -

0 IGUlfpOlt no

Second Judicial District 730 Washington Loop· 11

Courthouse Biloxi(Halon 1 no

Extinguisher)

Shelter for Abused Children100 Maple Street -

5 0 yesGulfport

Sheriffs Inmate Work Center10046 Lorraine Road -

21 0Gulfport no

Sheriffs Office - Penal Institute 10046B Lorraine Road - 4 0Gulfport yes

Skate Park & Hockey Complex269-A Debuys Road -

3 0 yesBiloxi

Skate Park Retail Office269 Debuys Road,

2 0 noBiloxi

Youth Court100 Maple Street· 2 0 noGulfport

Youth Court Administration Bldg100 Maple Street -

1 0 noGulfport

Youth Detention Center Maple Street· Gulfport 3 0 Yes-out of service

Horse Bam • Fairgrounds200 County farm Road -

0 0 noGulfport

Isaiah Fredrick's Community Ctr3312 Martin Luther King

3 2 yesBlvd - Gulfport

Lizana Fire Station16445 Lizana School

2 0Road no

Long Beach Ball Fields20257 Daugherty Rd- 1 0 YesLong Beach, MS

Lyman Senior CenterCounty Farm Road· 9 0 yesGulfport

Metal Roof Arena - Fairgrounds200 County farm Road - 0 0 noGulfport

Orange Grove Library12031 Mobile Avenue - 2 0Gulfport no

Saucier Sports Fields23715 Saucier Lizana 1 0 YesRd-Saucier, MS

Saucier Children's Library24006 First Street - 2 0Saucier no

Saucier Fire Station23560 Old Still Road -

3 0Saucier no

Saucier Senior Center 24014 Church Avenue· 3 0Saucier yes

Soccer ComplexCounty Farm Road -

I 0 yesGulfport

Success Community Center 12361 School Road-2 0Gulfport no

Success Volunteer Fire Dept 12342 School Road -3 0Success no

Tax Collector Orange Grove14321 Dedeaux Rd. -

1 0Gulfport no

West Harrison Civic Center4470 Espy Avenue·

6 0 yesLong BeachWoolmarket Ball Field 16259 Old Woolmarket

J 0Concession Stand Road yes

Woolmarket Civic Center 16320 Old Woolmarket2 2 YESRoad no

Woolmarket Fire Station16520 Switzer Park Road

3 0- Biloxi no

Youther Lee Keys Ball Field 9020 Ohio Avenue-1 0Concession Stand Gulfport no

**There may be changes at each location. Please notify our office jf changes are needed at location.

Please do not install any equipment without prior approval from our office.

GENERAL:

1. It is understood that the prices submitted are for delivery to the various locations

or at any Harrison County facility.

2. Any request for a change in pricing offered shall be based on a price increase

from the bidder's supplier and shall be verified in writing by the bidder's supplier.

The notice or request for a price adjustment must be submitted at least thirty (30)

days prior to the effective date and approved by the Harrison County Board of

. Supervisors.

3. The County reserves the right to cancel the contract at any time for justifiable

clause. Further the contract may be canceled for cause by either party upon thirty

(30) days written notice.

4. All invoices should be made to Harrison County Board of Supervisors, P.O. Box

CC, Gulfport, MS 39502.

5. All personnel performing inspections must be a licensed fire inspector. Harrison

County must have a copy of license on file before any inspections can be

performed.

JUN. 10. 2009 2:25PM HARRISON CO PURCHASE NO. 832 P. 17

I CERTIFY THAT THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS THESE

SPECIF/CA"rIONS

Date: r 15.dOO9_---~ -_

vendor:J1Rt ElR£ C,0\.~m"il lLl

Signed By (Name &ntle):~'lS~ ~~'-+--__

AddreBB:.m\\-~~~. Oeon",h 1'1\~ 6C1Sc,L

Telephone: ~d~ JtS7!; .. rl4r0Q

PLEASE SUBMIT YOUR BID ON THE BID FORM.

FAILURE TO DO SO MAY DISQUALIFY YOUR BID.

EXHIBIT8-!J

JUN. 10. 2009 2: 25PM HARRISON CO PURCHASE

INSPECTION BID PRICING

NO. 832 P. 16

Perform an Annuallnspecfion

of the Fire Alarm System at

specified locations.

Perform an Annual and Semi

Annual Inspection on all fire

extinguishers which includes

tagging and all reports submitted

after inspection

$

$

~ d15 .001 Per Inspection+~E.·.O'\RV ~ (j)'XuJeWtLe tJitei\ltiQ')I ® tooc..\'l\~~t\ G \I;':'

~~l\U't~~()~;l)

3.SD gp"., perlnspection~~

Semi-Annual Inspection of Kitchen

Fire Suppression Hood Systems.

PARK FIREGULFCQAST, LLC.

(228) 875-2600

Ii]NFMMEMBER

08-09

1824-8 Bienville Boulevard. oceen Springs, MS 39564

JUN. 10. 2009 2: 25PM HARRISON CO PURCHASE

BID FORM

NO. 832 P. 15

ITEM

Carbon Dioxide Extlncuisher

Dry Chemical Extinaui&her

SIZE PURCHASE PRICE FOR NEWEXTINGUISHER

NII5t

PRICE OFRECHARGE

Dry Chemical Extinguisher(PurDIe K)

ABC or Multi-PurposeE;xtinauisher

10 lb. , ~3, 0)1 , 17.111

2.5 lb. t-JlA k n.']!)

5 lb. l 1'J~.5D Jilij,'5C10 lb. . 1~I.OO .Ii P111\20 lb. .~ \~7.Cc 1L nR,Stl2.5 lb.51b.10 lb.20 lb.

Pressurized Water Extinauishers ~.5 lb.5..lb. • _ '"'"

20 Ib\. ~ (\ '='

Water Mist Extinauisher

Wet Chemical (Kitchen Use)Extinauisher

r)z.5 lb. tJ/A

201b\ N 'f..}.

1\'l.5/b. oill ......

5:lb. lVI' _

10'to. ~L . '\1 .201b\ NIA 0 -Clean Aaent Extlnauisher 2.5 lb. .jJ '~5 ,00

5 lb. HI('~ .e>o101b. 4~~1.5>5()

Halon 1211 ExtinguIsher(ComDuter Rooms OnM

PARK FIREGULFCQAST, LLC.

(228) 875-2600

20 lb. tJ/A

fi1fl:rdMEM8ER

08·09

1824--B Bienville Boulevard. Ocean Springs, MS 39564

BID FOR

ANNUAL INSPECTION, RECHARGING AND PURCHASE OF

ALL FIRE EXTINGUISHERS AND HOOD SYSTEMS FOR HARRISON COUNTY

INTENT:

To provide annual and semi-annual inspection, replacement, recharge and tagging of all

Fire Extinguishers and Kitchen Hood Fire Suppression Systems within all Harrison

County Facilities.

SCOPE:

This contract shall cover the requirements of all Harrison County maintained facilities for

fire extinguishers, parts, refills, annual inspection, proper tagging and maintenance,

kitchen hood fire suppression systems, parts, annual inspection, proper tagging and

maintenance.

All services shall be performed in strict accordance to the National Fire Protection

Association standard NFPA-10 and NFPA-96, latest revision accepted by the State Fire

Marshall, and manufacturer recommendation, as well as any other applicable OSHA,

DOT and/or federal regulation(s).

REQUIREMENTS OF FIRE EXTINGUISHERS:

• All fire extinguishers shall be standard, new goods, latest model of regular stock

and with all parts regularly used with items and with no attachment/part which

has been substituted/altered or applied contracty to manufacturer's

recommended standard practice. Approval shall be stamped on extinguisher in a

permanent manner.

• All fire extinguishers described herein including all component hardware, charge,

propellant and packaging shall be new and unused. Prices shall include units

fully charged in accordance with manufacturer's recommendations and all

requirements herein. The fire extinguishers shall be free from defects that will

affect its appearance and service ability.

• Identification - Each extinguisher shall have a plate or panel permanently aff.ixed

which shall include bar code label, manufacturer's name, serial number,

instruction for use, directions for charging, size and type of extinguisher. Must

also include Underwriters Laboratories, Inc. approval with type and ratings.

• Material - the fire extinguisher shall becorr€?:$idQ;r~si$tant. The fire extinguisher

(including all component hardware), charge and propellant shall be new and

suitable for use intended. If a pull-out type pin is utilized to lock handle in the

safety position, the pin must be steel or aluminum as furnished by the

manufacturer.

• Delivery - each extinguisher delivered shall be newly charged and shall have an

approved standard service tag meeting the specifications of the Uniform Fire

Code. Fire Extinguishers must also include a tag for the purpose of recording

service dates.

TYPES OF FIRE EXTINGUISHERS:

The following list of extinguishers provides a fair representation used within most State

Agencies. Not all state agencies use the same type or quantity. All extinguishers shall

meet National fire Protection Association Standard NFPA-10, latest revision accepted

by the State Fire Marshall.

• Carbon Dioxide Extinguishers

• Dry Chemical Extinguishers

• Dry Chemical Extinguishers (Purple K)

• ABC or Multi-Purpose

• Pressurized Water Extinguishers

• Water Mist

• Wet Chemical ("Kitchen Use")

• Clean Agent

• Halon 1211

CARBON DIOXIDE EXTINGUISHERS:

The contract price per unit for annual maintenance, recharging and hydrostatic

testing shall include the installation of the proper HMIS Label, Un DOT Label,

replacement of tamper seals and replacement of the extinguisher pull pin if

necessary. In addition, the contract price for all carbon dioxide extinguishers shall

include a Conductivity Test on all hose assemblies. If the hose assembly passes

the Conductivity Test, a Conductivity Label shall be affixed to the hose as

described in NFPA-10. No additional charges for these items shall be allowed.

DRY CHEMICAL:

The contract price per unit for annual maintenance, recharging, six year (6)

maintenance and hydrostatic testing shall include the installation of the proper

HMIS Label, Un DOT Label, replacement of tamper seals and replacement of the

extinguisher pull pin if necessary. No additional charges for these items shall be

allowed.

HALON 1211 EXTINGUISHERS:

The contract price per unit for annual maintenance, recharging, six year (6)

maintenance and hydrostatic testing shall include the installation of the proper

HMIS Label, Un DOT Label, replacement of tamper seals and replacement of the

extinguisher pull pin if necessary. No additional charges for these items shall be

allowed. In addition the contract price per six year (6) maintenance or

hydrostatic testing of any Halon 1211 Fire Extinguisher shall include the

reclamation fee and price per pound of additional Halon 1211, if necessary. No

fully discharged Halon 1211 Extinguisher shall be recharged without prior

approval from the client agency-designated contact and upon determination of

necessity of Halon 1211, as the fire extinguisher agent.

DESCRIPTION OF SERVICES FOR EXTINGUISHERS:

• The following are general specifications for fire extinguisher maintenance,

inspection, repairs, parts and refills.

• All extinguishers maintenance, inspection, repairs, parts and refills shall

meet National Fire Protection Association Standard NFPA-10 latest

revision accepted by the State Fire Marshall.

• Maintain all portable fire extinguishers as fully charged and in operable

condition.

• Ensure proper labeling of all portable fire extinguishers (checking weights,

pressures, etc. when appropriate).

• The contractor shall be required to furnish all labor, materials, tools and

equipment in performing all operations in connection with the annual

inspection, hydrostatic testing, maintenance, recharging and repairs to all

client agency owned fire extinguishers at the various locations.

• The contractor shall be factory authorized to perform repair, maintenance

and inspection of fire extinguishers or equipment listed. Only authorized

factory parts shall be used.

• All repairs shall be pre-approved, by the'designated site contact.

• The contractor will call each location forty-eight (48) hours in advance

before testing that location to insure all fire extinguishers are made

available for such inspection.

• The contractor shall be responsible for providing each designated site

contact with the serial number of any fire extinguisher removed from the

site for repairs and/or any other reason. All fire extinguishers shall be

returned to their proper location(s) prior to submission of invoice(s) for

payment.

• All repair and replacement parts shall be NEW and the installation shall be

in accordance with the manufacturer's recommended procedures and

National fire Protection Association Standard NFPA-1 0, latest revision

accepted by the State Fire Marshall.

• The contractor shall be responsible for providing loaner replacement

extinguishers of equal size and type, at each site while authorized repairs

are completed. Such loaner replacements shall be supplied at no

additional cost to the client agency and shall remain available for client

agency use until all repairs have been completed and the equipment is

returned to facility with proper labels and tags in place.

• The contractor shall guarantee all material and workmanship for a period

of one (1) year, only after acceptance by the designated site contact.

• The contractor will be responsible to pay for any fines or added charges

incurred because the said contracted work was incomplete and or

overdue.

• The client agency designated site contact shall make in progress and final

inspection(s) of equipment and shall be satisfied with the equipment

operation, prior to submission of invoice(s) for payment.

• The contactor is prohibited from disposing of any Ozone Depleting

Substances by direct release into the atmosphere. The contractor shall

employ recycling and other conservation practices applicable to the State

of Mississippi and the Federal Government to the utmost of their

effidency.

DESCRIPTION OF SERVICES FOR KITCHEN HOOD FIRE SUPPRESSION

SYSTEMS:

• All kitchen hood maintenance, inspection, and repair services shall be

performed in accordance with National fire Protection Association

standard NFPA_96, latest revision accepted by the State Fire Marshall.

• All repairs shall be pre-approved by the designated site contact.

• The contractor will call each location forty-eight (48) hours in advance

before testing that location to insure all equipment is made available for

such inspection.

• All repair and replacement parts shall be NEW and the installation shall be

in accordance with the manufacturer's recommended procedures and

National Fire Protection Association Standard NFPA-96, latest revision

accepted by the State Fire Marshall.

• The contractor shall guarantee all material and workmanship for a period

of one (1) year, only after acceptance by the designated site contact.

• The contractor will be responsible to pay for any fines or added charges

incurred because the said contracted work was incomplete and or

overdue.

• The contractor shall be factory authorized to perform repair, maintenance

and inspection of Kitchen Hood Fire Suppression Systems or equipment

listed. Only authorized factory parts shall be used.

ADMINISTRATIVE REQUIREMENTS:

Service Reports I invo.ices: Technician service reports I invoices must include make

and model number of equipment being serviced, date and location of service, arrival

and departure time for each service call, description of services performed, technician's

name, signature of designated site contact, and be legible. Service reports I invoices

must supply manufacturer and manufacturer's part number for all parts used in repairs

and billed to Harrison County. An original report I invoice is to be left with designated

site contact at time of completion to be submitted for payment.

Non-Performance Clause: Should it be found that the quality of services being

performed is not satisfactory, and that all the requirements of the specifications are not

being met, the contractor shall be informed by Harrison County of said deficiency and

shall be given an opportunity to correct the offending condition.

Terms: This contract shall run for a two (2) year term upon signing of contract with the

option to renew for an additional one (1) year term.

LOCATION LISTINGS:

The following location listing is the Harrison County Facilities where all services will be

performed. Each building has listed the amount of extinguishers currently used in the

facility, additional fire extinguishers needed as recommended by the Harrison County

Fire Marshall and if a Kitchen Hood Fire Suppression System is present.

Current Number of Hood FireLocation Address Number of ExtinguishersExtinguishers Needed System

Amos Croutch & HannaKnox Ball Field Concession 15510 Jackson Street-

Stand Gulfport 1 0 no

Building (adjacent to Senior County Farm Road -

Center) Gulfport 1 0 no

Clarence E. JohnsonConcession Stand 13500 Three Rivers Road 1 0 no

County Farm Road 12343 County Farm Road -Volunteer Fire Station lyman 2 0 no

Cuevas Volunteer Fire 25242 Cuevas - Delisle

Station Road - Long Beach 3 0 no

Cuevas Volunteer Fire 22338 Fire Station Road -

Station long Beach 0 1 no

10071 Vidalia Road - Pass

Delisle Fire station Christian 0 2 no

10395 Auto Mall Parkway-

D'Iberville Civic Center D'Iberville 6 0 yes

East Harrison VolunteerFire Department 15445 Hwy 15 - Bilxoi 2 0 no

Espy Avenue Soccer Field 1610 Espy Avenue - Long

Concession Stand Beach 0 1 no

Good Deeds Community 15101 Madison Avenue -

Center Gulfport 3 2 yes

Harrison County AdultDetention Center - Support 10451 Larkin Smith drive -

Service Complex Gulfport 4 0 no

Harrison County Adult 13050 Seaway Road -

Detention Center (Jail) Gulfport 54 0 yes

Harrison County Code 16409 Community Road -

Ad min istration Gulfport 0 2 no

Harrison County

Department of Human

Services Seaway Road - Gulfport 0 0 no

Harrison CountyDepartment of Human 842 Commerce Street -

Services Gulfport 4 0 no

Harrison County E-911 15309 - B Community Road

Office - Gulfport 1 0 no

Harrison County 15309 Community Road -

Engineering Department Gulfport 0 2 no

Harrison County

Fairgrounds Concession County Farm Road -

Office & Meeting Rooms Gulfport 4 0 no

Harrison County Fire 20121 West Wortham RoadServices Office and Station - Saucier 4 0 no

Harrison County First 1801 23rd Avenue -

Judicial District Courthouse Gulfport 27 10 no

Harrison County Health 1102 45th Avenue -

Department Gulfport 18 0 no

Harrison County Health

Department - Biloxi 761 Estes Blvd. - Biloxi 4 0 noHarrison County JusticeCourt 524 Lameuse Street - Biloxi 2 0 no

Harrison County JuvenileDetention Center 759 McElroy Street - Biloxi 10 0 yes

Harrison County Mosquito 10070 Larraine Road -

Control Gulfport 1 0 no

Harrison County Office

Building 2315 17th Street - Gulfport 4 0 no

Harrison County Office 5224 A. Avenue - Long

BUilding Beach 4 0 no

Harrison County Office

Building - Allied Enterprises 10280 Larkin Smith Drive -

Office & Warehouse Gulfport 31 0 no

Harrison County Office

BUildings - Election 2620 24th Avenue -

Commission Gulfport 6 2 no

Harrison County Outside 10076 Lorraine Road -

Building & Grounds Gulfport :L 1 no

Harrison County Road 10076 Lorraine Road -

Department Gulfport 1 0 no

Harrison County RoadDepartment D'IbervilleWork Center 313 First Avenue - Gulfport 3 2 no

Harrison County Road

Department Long Beach 605 1/2 N. Seal Avenue -

Work Center - Garage Long Beach 2 0 no

Harrison County Road

Department Long Beach 605 1/2 N. Seal Avenue -

Work Center - Office Long Beach 1 0 no

Harrison County RoadDepartment lyman Work 15001 County Farm Road -

Center Gulfport 2 0 no

Harrison County RoadDepartment Woolmarket 16395 Old Woolmarket

Work Center Road 7 0 noHarrison County SandBeach - Small Engine

Repair shop 526 East Railroad - Gulfport 1 0 no

Harrison County Sand

Beach Office & 842 Commerce Street -Maintenance Building Gulfport 2 0 no

Harrison County Sand 842 Commerce Street -

Beach Shed Gulfport 0 1 no

Harrison County Second 730 Washington Loop -

Judicial District Courthouse Biloxi 11 1 no

Harrison County Shelter for

Abused 'Children 100 Maple Street - Gulfport 5 0 yes

Harrison County Sheriff's 10046 Lorraine Road -

Department Gulfport

Harrison County Sheriff's 10046 Lorraine Road -

Inmate Work Center Gulfport 21 0 no

Harrison County Sheriff's 10046B Lorraine Road -

Office - Penal Institute Gulfport 4 0 yes

Harrison County Skate Park

& Hockey Complex 269-A Debuys Road - Biloxi 3 0 yes

Harrison County Skate ParkRetail Office 269 Debuys Road - Biloxi 2 0 no

Harrison County Youth

Court 100 Maple Street - Gulfport 2 0 no

Harrison County Youth

Court AdministrationBuilding 100 Maple Street - Gulfport 1 0 no

Harrison County Youth out ofDetention Center Maple Street - Gulfport 3 0 service

200 County farm Road -Horse Barn - Fairgrounds Gulfport 0 0 no

Isaiah Fredricks Community 3312 Martin Luther King

Center Blvd - Gulfport 3 2 yes

Lizana Fire Station 16445 Lizana School Road 2 0 noCounty Farm Road -

Lyman Senior Center Gulfport 9 0 yes

Metal Roof Arena- 200 County farm Road -Fairgrounds Gulfport a 0 no

12031 Mobile Avenue -

Orange Grove Library Gulfport 2 0 no

Saucier Childrens Library 24006 First Street - Saucier 2 0 no23560 Old Still Road -

Saucier Fire Station Saucier 3 0 no

24014 Church Avenue -

Saucier Senior Center Saucier 3 0 yesCounty Farm Road -

Soccer Complex Gulfport 1 0 yes12361 School Road -

Success Community Center Gulfport 2 0 no

Success Volunteer Fire 12342 School Road -

Department Success 3 0 no14321 Dedeaux Rd. -

Tax Collector Orange Grove Gulfport 1 0 no

4470 Espy Avenue - Long

West Harrison Civic Center Beach 6 0 no

Woolmarket Ball Field 16259 Old Woolmarket

Concession Stand Road 1 0 no16320 Old Woolmarket

Woolmarket Civic Center Road 2 2 no

16520 Switzer Park Rpad -Woolmarket Fire Station Biloxi 3 0 no

Youther Lee Keys Ball Field 9020 Ohio Avenue -

Concession Stand Gulfport 1 a

Totals 313 31

GENERAL:

1. It is understood that the prices submitted are for delivery to the various locations

or at any Harrison County facility.

2. Any request for a change in pricing offered shall be based on a price increase

from the bidder's supplier and shall be verfied in writing by the bidder's supplier.

The notice or request for a price adjustment must be submitted at least thirty (30)

days prior to the effective date and approved by the Harrison County Board of

Supervisors.

3. The County reserves the right to cancel the contract at any time for justifiable

clause. Further the contract may be canceled for cause by either party upon thirty

(30) days written notice.

4. All invoices should be made to Harrison County Board of Supervisors, P.O. Box

ee, Gulfport, MS 39502.

BID SCHEDULE

PURCHASEPRICE OF

ITEM SIZE PRICE FOR NEWPRICE OF

EXTINGUISHERRECHARGE HYDRO TEST

Carbon DioxideExtinguisher 2.8 II?

51b.

10 lb.

20 lb.

Dry Chemical~~,{O I'Z "b6Extinquisher 2.5 lb.

- Sib. 3?r~O 12,5010 lb. 5'~ ~([) 15;00

20 lb. 16,r~ 2-Z I DC>Dry ChemicalExtinguisher (Purple

-:SO I ?O 1Z ,oDK) 2.5/b.

51b. t+ 3.; CZ)O I Z ~5D

10 lb. r;,~l /5 I~~ 05

20 lb. J37/t!JD "Z-Z .,00ABC orMulti-Purpose '13 pC? Jt.. ,O OExtinguisher 2.5 lb. ~OO,

51b. 3 ) ,5"D /Z /50 C6,oo10 lb. y) ,5"'6 15; 00 ~ ,00

20 lb. 7d,OO ZL.,DC) /0 f t>O

Pressurized Water Z 1.Jt:4L '71,70 1,00 <:(,00Extinguishers ~

'"'51D."' iJ/1r

~ ;J/4~ AliI{

Water Mist 6 LrlEIL. )3J /jt) ~/OOExtinquisher !.510:

"V5"(;tjt... I Lf1,'70 7(, .DO-+Ib:

~ )f})4 !///r AJ).4-

!JIll • ;VIII-~. #/A(

Wet Chemical to J..-r.1&I:- 14<t/~~.-

(Kitchen Use) L}5/ 00

Extinguisher ..:2!wi'fB":

~ /.5Q'1-L 1'7/,60 -:;ZIOO-&itr

~ JJ)/t" tJJf{ JJ)4~.. #/4 ~l4 IJ}LJ

Clean Agent/"(, 150 .)1),00Extinquisher 2.5 lb.

51b. JS~(>o l)) ,00

II L.l?7 276 ,c>O J 34/>016lb.IS';:F 4~ 397,5D lq~ . oD~Ib.

Halon 1211 135;00 (,9/ tJOExtinquisher 2.5 lb.

Sib. 1'71/eO ~S oc),q L.-~ z'tl// ~o /50 / 00Mlb.1"'1 L~ 4gB, )'0 ZS;; /fPO}(fIb.

INSPECTION BID PRICING

Perform an Annual Inspection of the Fire

Alarm Systems, Emergency and Exit

Lighting Units at specified locations on a

schedule designed by Harrison County. $ ,-LJ."",S2:.-()_,,_O_O____ Each rJ.t.£ f) LAI2.M

h .3 /:> () E~dJ t.'J,G•.-H-r

New Batteries for Emergency and Exit

Lighting Units if Needed. $ z.o,oO Each

Semi-Annual Inspection of Kitchen Fire

39J f°t)Suppression Hood Systems. $ Each

Replacement of Automatic Fusible Links

within Kitchen Fire Suppression Hood

Systems. $ ~Ib(!) E h_-----'----- ac

I CERTIFY THAT THE EQUIPMENT BEING OFFERED MEETS OR EXCEEDS THESE

SPECIFICATIONS

Address: 5/8

Telephone: g?;:3ooo,Z.

Fax: ?G531o% :;::

iljJLJlk ~62> ;;

-::2.2. 6P-

PLEASE SUBMIT YOUR BID ON THE BID FORM.

FAILURE TO DO SO MAY DISQUALIFY YOUR BID.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 50

Supervisor KIM B. SAVANT moved adoption ofthe following:

ORDER REJECTING ALL BIDS RECEIVED FOR THEPURCHASE OF ONE OR MORE USED TRACK DOZERSFOR USE BY THE HARRISON COUNTY ROADDEPARTMENT, AS RECOMMENDED BY THE ROADMANAGER

WHEREAS, the Board of Supervisors does hereby find as follows:

1. That this Board, at a meeting heretofore held on the 24th day of August, 2009,

adopted an Order authorizing and directing the Clerk of the Board to cause publication to be

made of Notice oflnvitation for Bids for the purchase of one or more used track dozers for the

Harrison County Road Department.

2. That as directed in the aforesaid Order, said Notice ofInvitation for Bids was

published in The Sun Herald, a newspaper published and having a general circulation in Harrison

County, Mississippi for more than one year next immediately preceding the date of said Order

directing publication of said Notice, and that the Publisher's Affidavit of Proof ofPublication has

been filed with the Clerk of this Board, by said Clerk exhibited to the Board, and shows that said-,

notice was published on August 27 and September 3, 2009.

3. That publication of said notice has been made once each week for two consecutive

weeks, the last of which was at least seven working days prior to September 16, 2009, the day

fixed forreceiving said bids in the legal notice identified in paragraph one thereof, which Proof

of Publication follows this Order as Exhibit A.

4. That on September 8, 2009, an Order was entered designating the Board's

representatives to receive bids on September 16, 2009 on behalf of the Board.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

5. The Board does hereby find, upon the recommendation ofthe Harrison County

Road Manager that all bids should be rejected. It is therefore,

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that all bids received for the purchase of one or more used track dozers for use by

the Harrison County Road Department be, and the same is HEREBY REJECTED.

Supervisor W. S. SWETMAN III seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

PROOF OF PUBLICATIONSTATE OF MISSISSIPPICOUNTY OF HARRISON

Vol. No., __ dated __ day of ,20__

Vol. No., __ dated __ day of ,20__

day of

No.~ dated ;;;<7 dayof~ , W 07

No.,3.3to dated~ day of~+- , 20----U1.-

Vol. Ja5Vol. las

Affiant further states on oath that said newspaper has beenestablished and pUblished continuously in said country for a periodof more than twelve months next prior to the first publication of said

notice.

Before me, the undersignM ~otary of Harrison County,

Mississippi personally appeared L2AskL lcttl)c

who, being by me first duly sworn, did depose and say that she is a

clerk of The Sun Herald , a newspaper published in the city

Gulfport , in Harrison County, Mississippi, and the publication

of the notice, a copy of which is hereto attached, has been made

in said paper c;< times in the following numbers and on the

following dates of such paper, viz:

Vol. No., __ dated __ day of , 20__

Vol. No., __ dated __ day of ,20__

Vol. No., __ dated __ day of ,20__

Clerk . j'

~s am. to and. subscribed before me t.hiS 7-

tft::.-J-----"'-.I---7+-----=-=Qe...-z....."",.,....---;.--:_, A. D., 20 C'B

rt:::;:~~0~-···:'::"·PPi~'\-_.

,-c'. ~::':."._':::._: ...~:::_ ..~_._: ' Notary pubiiCG----_.~-,....

Printer's Fee $ _

Furnishing proof of publication $ _

TOTAL .

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 51

Supervisor KIM B. SAVANT moved adoption of the following:

ORDER APPROVING PAYMENT OF ELEY GUILDHARDY, ARCHITECTS, PA, INVOICE NO.1 IN THEAMOUNT OF $40,450.00 FOR SERVICES ON THEGENERATOR PHASE II FEMA, 1604-10-50 HAZARDMITIGATION PROJECT, PAYABLE FROM 030-247-581UPON RECEIPT OF FUNDS

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE payment of Eley Guild Hardy,

Architects, PA, Invoice No.1 in the amount of $40,450.00 for services on the Generator Phase II

FEMA, 1604-10-50 Hazard Mitigation project, payable from 030-247-581.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above and

foregoing order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CO]'JNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 52

Mr. David Davis appeared before the Board and reported that he emptied the swimming

pool on several occasions. He has power to the property and will install a sump pump to keep

the pool drained. The Board instructed the Code Administrator to check from time to time on

condition of the swimming pool to see if it is maintained properly.

After full discussion Supervisor WILLIAM W. MARTIN moved adoption of the

following:

ORDER RESCINDING THE PREVIOUS ORDERADOPTED THIS DATE UNDER ITEM # 8

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY RESCIND the previous order adopted this date

tmder Item # 8.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 53

Supervisor WILLIAM W. MARTIN moved adoption of the following:

ORDER APPROVING FINAL PAYMENT TOCONTINENTAL CONSTRUCTION IN THE AMOUNT OF$53,340.00 FOR CDBG PROJECT NO. R-I03-024-02-KED,TRINITY YACHTS PROJECT, UPON RECEIPT OF THEEXECUTED CERTIFICATE OF SUBSTANTIALCOMPLETION

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE final payment to Continental

Construction in the amount of$53,340.00 for CDBG project No. R-103-024-02-KED, Trinity

Yachts project, upon receipt of the executed certificate of substantial completion (to be

reimbursed by Trinity Yachts). The certificate of substantial completion follows this Order as

Exhibit A.

Supervisor KIM B. SAVANT seconded the motion to adopt the above and foregoing

order, whereupon the question was put to a vote with the following results:

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

AYE

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority ofthe supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

Certificate of Substantial Completion

ProjoctTrlnity Yachts Economic Development Project CDBG #R-I03-0U.02-KED '

01.vne:r: Harrison County Board ofSupervisors Owner's Contract No.:

Contract: ngineets ProjectNo.: H08506.0,.

'This [definitiVe) Certificate ofSub.tlntial Completion applies to:

xAll Work under t1).e ContraetDocuments: oThe folJowingspecified portions ofthe Work:

June 30, 2009

Date ofSubstantial Completion

The- Work to which this Certificate applies has been inspe:cred by authorized representuives ofOwner,Contractor, and Engineer, ~d found 10 be substantially complete. The~ ofSubstantial Completionof the Project or portion thereof designated above ·is hereby declared and is als9 the date ofcoromencement ofapplicable warranties required by tb.e Coll1raetDocum~ except as .stated below.

A [tentative] [definitive] list ofitems' to be completed or COlTected is attached~. This listmay notbe all--inclusivCt and the failure to include any items on such list does not alter the responsibility oftheContracWr to complete an Work in ~ordancewith the ContIaot Doouments.

The.responsibilities between Owner and Contraetor fQf. setority, operation, safety, maintenance,heat, utilities, msorance aad'ttlUTanties shallb~. ptoTided ira the ContractDocllPIents except asameuded as follows: 'oAmended ResponSibilities 0 Not Am",-ded

Owner's~edResponsibilities:

'Qmtractor's AnWndel,t Responsibilities:

IEX~BITI

..

~ following documents are attached to and made part ofthis Certificate;

Letter ofSubslantial ComplotioD issued to limmy Gouras thban Planning Consdtmts

Date '

This Certificate does not constitute an·acceptance ofWork: not in~with the Con.tractDOCQDleIrts nor is ita release ofCon1ractor's obligationto complete the WQrlc. in accordance with the.Contract DOCUQ1e11ts. ' .

~rJiBxeootodby Engizjem--

Date

10/7/0<1Date i

1.6',hb2

.Acknowledged by .E?1U'rlson County

.04L~

_ ....__ .....·.... ·+r....... >••• .' •••

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 54

(SUPERVISOR LADNER OUT ON VOTE.)

Supervisor KIM B. SAVANT moved adoption of the following: _

RESOLUTION PROCLAIMING THE MONTH OFOCTOBER "DOMESTIC VIOLENCE AWARENESSMONTH" IN HARRISON COUNTY

WHEREAS, Domestic Violence is more than just an occasional family dispute; and

WHEREAS, the Department of Human Services has stated that Domestic Violence is the

single largest cause of injury to American women of all cultural, racial and economic

backgrounds; and

WHEREAS, Domestic Violence is not just a family matter. It affects each and every one

of us throughout the country; and

WHEREAS, the State ofMississippi, County of Harrison are working collectively to

create a safe environment for women; and

WHEREAS, Domestic Violence is a serious violation of the law and a critical social

problem.

NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of Harrison

County, Mississippi does hereby proclaim the month of October 2009 as

DOMESTIC VIOLENCE AWARENESS MONTH

and encourage the citizens of our county to observe this month by joining friends, fellow

employees, and schools, religious and civic groups in projects that will benefit our community in

the fight to stop domestic violence.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the above

and foregoing order, whereupon the question was put to a vote with the following results:

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

Supervisor W. S. SWETMAN III voted

Supervisor KIM B. SAVANT voted

Supervisor MARLIN R. LADNER voted

Supervisor WILLIAM W. MARTIN voted

Supervisor CONNIE ROCKCO voted

AYE

AYE

(OUT ON VOTE)

AYE

(ABSENT & EXCUSED)

The motion having received the affirmative vote from the majority of the supervisors

present, the motion was declared carried and the order adopted.

THIS 12th day of October 2009.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 55

The following items carne on for discussion by the Board with no_action taken:

a) Lisa Vaughn, IT Director, stated that the electronic agenda is still slated to be used at

the second meeting in November. Supervisor Savant remarked that he could not open the

attachments for the Planning Commission's agenda. The IT Director will look into this.

b) Supervisor Martin inquired whether the County still has a contract in place for house

arrest programs. The County Administrator stated that Justice Court may use the system with a

ditTerent vendor.

c) Supervisor Martin inquired whether MDOT still plans to buy property connected with

access roads for the SR 601 project. The MDOT representative confirmed that this will be done.

d) The Chancery Clerk brought to the attention of the Board that Wendy and Darren

Jacobs are making partial payments towards the lien on their property located on Livingstone

Drive. The order of March 23, 2009, Item # 8, indicates the amount of the lien, but not the

manner of payment. The Clerk requested that this be corrected. The Board Attorney will review

this matter for action by the Board at a later date.

e) The EMA Director reported that MEMA would not cover the cost of kitchen

equipment, therefore the county will be responsible for approximately $235,000.00 on the 361

shelters.

MINUTESBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

MINUTE BOOK OCTOBER 2009

October 12,2009, Item # 56

ORDERED that the Board ADJOURN IN THE SECOND JUDICIAL DISTRICT until

Term in Course.

THIS 12th day of October 2009.