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WORKSHOP AGENDA Board of Mayor and Aldermen October 27, 2011 @ 5:00 p.m. For the November 1, 2011 Regular Meeting @ 7:00 p.m. Call meeting to order. Determine quorum. Prayer by Alderman Green. Pledge of Allegiance by Alderman Waldron.

ORDER OF BUSINESS

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• • • •

Approve Minutes: October 4, 2011 Public Hearing and Regular Meeting.

2.

Department Reports: A. Fire B. Police C. Rescue D. Codes E. Parks & Recreation F. Finance G. Library H. Water Treatment Plant I. Public Works J. Human Resources

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1.

3.

Presentations: A. Certificate of Appreciation - Employee of the Month for November. B. Police Department - Chief’s Awards of Excellence.

OLD BUSINESS

Motion to Approve Bid for the Warning System.

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4. 5.

Second Reading - Ordinance #2011-28 - An Ordinance to Amend the 2010-2011 Fiscal Year General Fund Budget.

6.

Second Reading - Ordinance #2011-29 - An Ordinance to Amend Title 7 of the La Vergne Municipal Code by Adding Fireworks Regulations.

CONSENT AGENDA - (All items under the Consent Agenda are deemed to be non-controversial and routine in nature by the governing body. They will be approved by one motion of the governing body. The items on the Consent Agenda will not be discussed.)

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7.

Consent Agenda Items: A. Approve a Grant Contract Between the State of Tennessee, Department of Transportation and the La Vergne Police Department for the Alcohol Countermeasures Highway Safety Project. B. Approve Lease Contract with Rutherford County for the Sand Hill Road Convenience Center.

NEW BUSINESS Motion to Appoint Board Members: A. Planning Commission. (One term expires 10/31/11.)

9.

First Reading - Ordinance #2011-30 - An Ordinance to Amend Title 3, Chapter 3 of the La Vergne Municipal Code by Adding a New Section 3-311 Relating to the Employment of Collection Agencies to Collect Municipal Fines and Costs.

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8.

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10. Resolution #2011-26 - A Resolution of the Board of Mayor and Aldermen of the City of La Vergne, Tennessee, Authorizing the Issuance, Sale, and Payment of General Fund Tax Anticipation Notes Not to Exceed One Million Dollars ($1,000,000).

11. Motion to Approve Agreements to Participate in the Town of Smyrna’s Care Here Clinic.

MAYOR / ALDERMEN COMMENTS

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ADJOURN

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MINUTES OF THE PUBLIC HEARING OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE HELD ON OCTOBER 4, 2011 AT LA VERGNE CITY HALL, LA VERGNE, TENNESSEE.

Call to Order.

Board Members Present

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The October 4, 2011 public hearing of the Board of Mayor and Aldermen of the City of La Vergne was called to order at 6:30 p.m. by Mayor Senna Mosley.

The following board members were present: Mayor Senna Mosley, Vice-Mayor Chris Farmer, Alderman Tom Broeker, and Alderman Sherry Green.

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Mayor Mosley turned the public hearing over to City Administrator Steve Mayer.

ORDER OF BUSINESS. 1.

Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to Piedmont Natural Gas Company, Inc.

Alderman Dennis Waldron arrived. No one spoke.

The public hearing for this item was declared closed.

2.

Ordinance #2011-22 - An Ordinance to Amend the 2010-2011 Fiscal Year General Fund Budget.

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No one spoke.

The public hearing for this item was declared closed.

3.

Ordinance #2011-27 - An Ordinance to Amend the Five Year Capital Plan and the Fiscal Year 2011-2012 Water and Sewer Fund Budget to Add the Assistant Public Works Director Position.

No one spoke. The public hearing for this item was declared closed.


Public Hearing

October 4, 2011

Adjournment There being no further business to come before this public hearing, Mayor Mosley declared the public hearing adjourned at 6:33 p.m.

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______________________________ Mayor ______________________________ City Recorder

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Approved: ____________________

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MINUTES OF THE REGULAR MEETING OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE HELD ON OCTOBER 4, 2011 AT LA VERGNE CITY HALL, LA VERGNE, TENNESSEE. Call to Order. The October 4, 2011 regular meeting of the Board of Mayor and Aldermen of the City of La Vergne, Tennessee was called to order at 7:00 p.m. at La Vergne City Hall by Mayor Senna Mosley.

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Board Members Present. All of the members were present: Mayor Senna Mosley, Vice-Mayor Chris Farmer, Alderman Tom Broeker, Alderman Sherry Green, and Alderman Dennis Waldron.

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A Prayer was led by Mayor Mosley. The Pledge of Allegiance was led by Alderman Green. ORDER OF BUSINESS 1.

Approve Minutes: September 6, 2011 Regular Meeting.

A motion was made by Alderman Green, seconded by Alderman Broeker, to approve the minutes of the September 6, 2011 Regular Meeting, was adopted with all voting AYE. Department Reports A. Fire Department. Assistant Chief Richard McCormick gave the monthly report for the Fire Department. (A copy of the report is attached.) B. Police Department. Lieutenant Kyle Norrod gave the monthly report for the Police Department. (A copy of the report is attached.)

C. Rescue Unit. Director Dana Blair gave the monthly report for the Rescue Unit. (A copy of the report is attached.)

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2.

D. Codes Department. Mr. Kyle Brown gave the monthly report for the Codes Department. Alderman Waldron asked about the construction on Waldron Road. Mr. Brown explained the different crews that were working on the project. Alderman Broeker asked about the future of the project. Mr. Brown stated that the contractor, LoJac has requested a change order through the state for an anticipated finish next year. He stated that the change order has not been approved yet. He stated that they are trying to finish the portion of the project near Industrial Blvd. and Ingram Blvd. to try and alleviate some of the problems for those businesses in that area. He stated that the city is waiting on official word from the state. (A copy of the report is attached.)


Regular Meeting

October 4, 2011

E. Parks & Recreation. Mr. Jeff Marler gave the monthly report for the Parks & Recreation Department. He thanked the board for the opportunity to serve La Vergne as the Parks & Recreation Director. Mayor Mosley welcomed him back to La Vergne. (A copy of the report is attached.) F. Finance Department. Mrs. Phillis Rogers gave the monthly report for the Finance Department. (A copy of the report is attached.)

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G. Library. Ms. Teresa Wilberscheid gave the monthly report for the Library. (A copy of the report is attached.) H. Water Treatment Plant. Mr. Thomas Champagne gave the monthly report for the Water Treatment Plant. (A copy of the report is attached.)

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I. Public Works Departments. Mr. Greg Skinner gave the monthly report for the Public Works Departments. (A copy of the report is attached.)

3.

Presentations: A. Certificates of Appreciation - Autism Society of Middle Tennessee.

Mayor Mosley presented a Certificate of Appreciation from the Autism Society of Middle Tennessee to Assistant Chief Richard McCormick and the La Vergne Fire Department for making a difference in the lives of individuals with Autism. Mayor Mosley presented a Certificate of Appreciation from the Autism Society of Middle Tennessee to Vice-Mayor Chris Farmer and the City of La Vergne for making a difference in the lives of individuals with Autism Mayor Mosley presented a Certificate of Appreciation from the Autism Society of Middle Tennessee to Lieutenant Kyle Norrod and the La Vergne Police Department for making a difference in the lives of individuals with Autism

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B. Certificate of Appreciation - Employee of the Month for October.

Mayor Mosley presented a Certificate of Appreciation for the Employee of the Month to Kathy Tyson for her work on the Old Timer’s Festival. C. Presentation of Donation from the Firehouse Subs Public Safety Foundation.

City Administrator Steve Mayer introduced Mark Watson from the Smyrna Firehouse Subs restaurant. Mr. Watson made some comments about Firehouse Subs and their donations to cities around the country for public safety.

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Regular Meeting

October 4, 2011

Mayor Mosley made some comments and thanked Firehouse Subs for helping the community. D. Presentation of Beauty Pageant Winners. Mayor Mosley introduced the winners of the 2011 La Vergne Beauty Pageant: Little Miss Natalia Jobe; Junior Miss Jessica Pickle; and Miss La Vergne Ashleigh Alford.

4.

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OLD BUSINESS Second Reading - Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to Piedmont Natural Gas Company, Inc.

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A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-21 on second reading, was adopted following a roll-call vote: Alderman Broeker Alderman Waldron Vice-Mayor Farmer Alderman Green Mayor Mosley

5.

AYE AYE AYE AYE ABSTAIN

Second Reading - Ordinance #2011-22 - An Ordinance to Amend the 20102011 Fiscal Year General Fund Budget.

A motion was made by Alderman Green, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-22 on second reading, was adopted with all voting AYE.

Second Reading - Ordinance #2011-23 - An Ordinance to Establish a Property Tax Relief Program to Benefit the Elderly Low Income Taxpayers, Totally and Permanently Disabled Taxpayers and Disabled Veteran Taxpayers.

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6.

A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Ordinance #2011-23 on second reading, was adopted following a roll-call vote: Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

AYE AYE AYE AYE AYE

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Regular Meeting 7.

October 4, 2011

Second Reading - Ordinance #2011-24 - An Ordinance to Amend Title 14, Chapter 3 of the La Vergne Municipal Code Regarding Grading, Soil Erosion and Sedimentation Control. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

Mayor Mosley explained this item to the board.

8.

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A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve Ordinance #2011-24 on second reading, was adopted with all voting AYE.

Second Reading - Ordinance #2011-25 - An Ordinance to Amend Title 14, Chapter 6 of the La Vergne Municipal Code Regarding Stormwater Management. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

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A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-25 on second reading, was adopted with all voting AYE.

9.

Second Reading - Ordinance #2011-26 - An Ordinance to Amend the La Vergne Municipal Code Regarding the Removal of Board and Committee Members.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to approve Ordinance #2011-26 on second reading, was adopted with all voting AYE.

10. Second Reading - Ordinance #2011-27 - An Ordinance to Amend the Five Year Capital Plan and the Fiscal Year 2011-2012 Water and Sewer Fund Budget to Add the Assistant Public Works Director Position. A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to approve Ordinance #2011-27 on second reading.

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Alderman Broeker asked if this was just approving the ability to hire this position and that the actual hiring would be deferred until further into the year. Mr. Mayer stated yes. Alderman Waldron stated that he is not comfortable voting on this ordinance. ViceMayor Farmer stated that this is just putting it into place and would let the Public Works Director and City Administrator do their job. Alderman Waldron stated that considering the financial state of the city, he feels this should wait until next year. The motion was adopted following a roll call vote: Alderman Broeker

AYE

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Regular Meeting Alderman Waldron Vice-Mayor Farmer Alderman Green Mayor Mosley

October 4, 2011 NO AYE AYE AYE

11. Motion to Approve Bid for the Warning System.

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Mayor Mosley asked Mr. Evan Cope if the board should go back and rescind the previous votes that were for the approval of the system based on a sole source purchase. Mr. Cope stated that if it is the will of the board, the city could rescind those previous motions and reject all of the bids, which would allow the city to start over with this project.

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A motion was made by Mayor Mosley, seconded by Alderman Broeker, to rescind the previous approvals of this project as a sole source purchase, was adopted following a roll-call vote: Alderman Broeker Alderman Waldron Vice-Mayor Farmer Alderman Green Mayor Mosley

AYE AYE AYE AYE AYE

A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to defer the bids until next month in order to get more information about financing. Alderman Broeker stated that the city wants to have something in place by next season, but if the city scraps this and starts over, it may not get installed in time. Mr. Cope stated that if the board wants to scrap the project, the board needs to reject all bids and start over.

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Alderman Broeker stated that his wish is to put the system in at the park. He stated that there are cheaper ways to alert residents and have the same benefits. He stated that he would like to get started on it so it can be installed by spring. Alderman Waldron asked why defer something that the we don’t want. Vice-Mayor Farmer stated that he is not ready to scrap it yet and wants to defer it to get more information. Alderman Waldron asked Vice-Mayor Farmer to take back his motion and second in order to consider another motion. Vice-Mayor Farmer stated that the city has put too much work into this project and he is not ready to scrap the project yet.

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Regular Meeting

October 4, 2011

Alderman Broeker stated that he is not against the system and he is not against other options. He stated that he doesn’t want to scrap the project in its entirety. The motion to defer this until next month was adopted following a roll-call vote:

CONSENT AGENDA

AYE AYE NO NO AYE

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Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

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12. Consent Agenda Items: A. Approve Recommendations for City Bids and Purchases: 1) State Bid Pricing - Road Salt. B. Approve Right-of-Way Easement with Middle Tennessee Electric Membership Corporation for a Proposed Anchor Relocation for the Hurricane Creek Greenway Project on Blake Moore Drive. C. Approve a Grant Contract Between the State of Tennessee, Department of Military, Tennessee Emergency Management Agency and the City of La Vergne for the Provision of Pass-Through Funding for the Administration and Completion of an Approved Hazard Mitigation Plan Project for the Home Buyout at 172 Parrish Street, La Vergne, TN. D. Accept Grant Donation from the Firehouse Subs Public Safety Foundation.

A motion was made by Alderman Waldron, seconded by Vice-Mayor Farmer, to approve the consent agenda items, was adopted with all voting AYE.

NEW BUSINESS

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13. Motion to Appoint Board Members: A. Board of Zoning Appeals. (One term is vacant.) Mayor Mosley explained this item to the board.

A motion was made by Mayor Mosley, seconded by Alderman Broeker, to appoint Craig Pollock to the Board of Zoning Appeals, was adopted with all voting AYE. 14. First Reading - Ordinance #2011-28 - An Ordinance to Amend the 2010-2011 Fiscal Year General Fund Budget.

A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-28 on first reading. Page 6


Regular Meeting

October 4, 2011

Alderman Waldron stated that this is just moving money around in the Police Budget. The motion was adopted with all voting AYE.

15. First Reading - Ordinance #2011-29 - An Ordinance to Amend Title 7 of the La Vergne Municipal Code by Adding Fireworks Regulations.

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A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to approve Ordinance #2011-29 on first reading, was adopted with all voting AYE.

16. Resolution #2011-22 - A Resolution to Adopt a Debt Policy as Required by the Tennessee State Funding Board.

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A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Resolution #2011-22, was adopted with all voting AYE.

17. Resolution #2011-23 - A Resolution to Accept Woodsong Subdivision, Sections 1, 2 and 3. (Received an unfavorable recommendation from the Planning Commission on September 27, 2011.) Mayor Mosley explained why this received an unfavorable recommendation from the Planning Commission. Mr. Kyle Brown stated that there were four technical items that had not been completed at the Planning Commission meeting. He stated that two of those items have been completed. The other two, the irrevocable offer of dedication and the letter of credit need to be completed after acceptance by the city. He suggested that the resolution be approved subject to a fifteen (15) day time period to get the two remaining items completed. He stated that the bank is willing to extend the letter of credit, but it takes a few days to complete the process after the city accepts to development.

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Mayor Mosley made comments about the letter of credit and that it would be used if things need to be completed like maintenance issues within a year. Mr. Brown stated that if there is a problem with a pothole or a manhole lid, the city would contact the developer to fix the problem. He stated that if the developer does not fix the problem, the city can call on the letter of credit and get the funds to fix the problem. He stated that the letter of credit will expire after one year. Mayor Mosley asked Mr. Brown if he was comfortable with this. Mr. Brown stated yes and that all items have been completed. He stated that the developer has done everything the city has asked him to do.

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Regular Meeting

October 4, 2011

A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve Resolution #2011-23, subject to the Irrevocable Offer of Dedication being approved as to form and recorded within fifteen (15) days and subject to the letter of credit being completed and submitted to the city within fifteen (15) days, was adopted with all voting AYE.

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18. Resolution #2011-24 - A Resolution to Accept Brookside Subdivision, Phase 1. (Received a favorable recommendation from the Planning Commission on September 27, 2011.) Mayor Mosley explained that the city called on the letter of credit and paved the streets in this subdivision. She stated that there is no further relationship with this developer.

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A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Resolution #2011-24, was adopted with all voting AYE.

19. Resolution #2011-25 - A Resolution to Accept Cedar Grove Estates, Sections 1 and 2. (Received a favorable recommendation from the Planning Commission on September 27, 2011.) Mayor Mosley explained that the city called on the letter of credit and paved the streets in this subdivision. She stated that there is no further relationship with this developer. A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve Resolution #2011-25, was adopted with all voting AYE.

20. Motion to Approve a Proposal for Engineering Services from Griggs & Maloney for the Waldron Road Pumping Station Project.

Mayor Mosley explained this item to the board.

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A motion was made by Alderman Green, seconded by Vice-Mayor Farmer, to approve the proposal from Griggs & Maloney, was adopted with all voting AYE.

21. Motion to Approve a Proposal for Engineering Services from Griggs & Maloney to Extend the 24� Water Main from the Roundabout on Stones River Road to the Water Treatment Plant. Mayor Mosley explained this item to the board. A motion was made by Alderman Green, seconded by Vice-Mayor Farmer, to approve the proposal from Griggs & Maloney, was adopted with all voting AYE.

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Regular Meeting

October 4, 2011

22. Motion to Approve a One Year Contract Extension for the Water Treatment Plant Operations Agreement with Severn Trent Services. A motion was made by Alderman Broeker, seconded by Alderman Green, to approve the one year contract extension with Severn Trent Services.

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Vice-Mayor Farmer stated that he would go along with the extension, but that he would like to see the city take the operation of the water treatment plant back over and run it in the future. The motion was adopted with all voting AYE.

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23. Motion to Adopt the TDOT Local Government Guidelines Form 1-2 Entitled “Consultant Selection Policy for Projects Funded in Whole or in Part with Funds Provided by the Federal Highway Administration or the Tennessee Department of Transportation.”

Mayor Mosley explained this item to the board.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve the TDOT Local Government Guidelines Form 1-2. Alderman Waldron asked if this was something that was required by the state. Mayor Mosley stated yes. The motion was adopted with all voting AYE.

MAYOR / ALDERMEN COMMENTS

Vice-Mayor Farmer thanked the employees who helped with the Old Timer’s Festival.

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Alderman Waldron stated that October is Fire Prevention Month. He asked everyone to keep the Warpool and Walker families in their prayers. He asked that everyone remember to check their wood burning stoves and chimneys. Alderman Broeker thanked Rich Long and the La Vergne Garden Club for their clean up around city hall. He welcomed Greg Skinner, Kristin Costanzo and Jeff Marler to the city. Mayor Mosley thanked Rich Long, the Garden Club and Alderman Broeker for their work on cleaning up around city hall.

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Regular Meeting

October 4, 2011

Mayor Mosley made some comments about Old Timer’s Festival and thanked the employees and the Parks & Recreation Advisory Committee. She asked everyone to remember Chief Walker and his family in their prayers. She asked everyone to remember Trail of Treats. She stated that she is proud of the city’s employees.

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No one else spoke.

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Mr. Steve Mayer stated that on October 5th, the advanced ICS training will begin. He stated that this is the highest level and that La Vergne is one of the only cities that he knows of that has 100% of it’s employees trained in ICS. He stated that this will help with leadership up and down the lines. He announced that there will be an Operation Clean Sweep on October 29th, where residents can turn in their old prescription drugs. He stated that a grant paid for the flyers that went out in everyone’s water bills. He thanked the employees for Old Timer’s Festival and thanked the board. He stated that the city received a lot of good comments and looks forward to doing it again next year.

ADJOURNMENT

There being no further business to come before the Board, Mayor Mosley declared the meeting to be adjourned at 8:04 p.m.

_______________________________ Mayor _______________________________ City Recorder

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Approved: ______________________

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City of La Vergne Water Treatment Plant Severn Trent Services Monthly Summary September, 2011 Parameter

Standard

2010

2011

119.325

98.202

Vol. Delivered (Million gal.)

100.537

99.126

100.0%

100%

100%

100%

0.010

0.010

0.016

0.013

0.86

1.08

0

1

95% <0.3 NTU

Filter Turbidity

<0.5 NTU

Iron

0.3 mg/L

Manganese

0.05 mg/L

Fluoride

2.0 mg/L

Total Coliform

Zero Colonies

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Turbidity

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Vol. Processed (Million gal.)

Chlorine Residual

>0.2 mg/L

Chemicals Used

Purpose

Unit

Sodium Hypochlorite

Disinfection

lbs

8954

3138

Sodium Polyphosphate

Anti-Corrosive

lbs

2449

2323

Fluorosilicic Acid

Fluoride

lbs

1785

1257

Powered Activated Carbon

Taste and Odor

lbs

2719

3373

Sodium Permanganate

Oxidation

lbs

5064

4165

Polyaluminum Chloride

Coagulation

lbs

36245

30212

2010

1.78

2011

$67,289.72 $43,568.63

Maintenance for August

$

11,020.73

Rainfall: 5.91 in. 9 rain events

Maintenance Feb thru August 2011

$

41,796.74

Cross Connection Program

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Approximate Process Chemical Cost

1.33

Annual Maintenance Cap

$

86,458.00

Balance

$

44,661.26

Quality calls

Pressure Taste or Odor

Total

2 2 4

Units October, 2008 Installed / New Total Units Invoices Collected

287 349 636 $

960


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M E M O

DATE:

August 29, 2011

TO:

BOARD of MAYOR & ALDERMEN

FROM:

FELICIA SMITH

RE:

BID - WARNING SYSTEM AND MASS NOTIFICATION BID

We received four bids for the Outdoor Emergency Warning System bid. The LEPC Committee met and went over all the results. They recommended that McCord Communications be awarded this project. We will be bidding out the financing portion of this after this is awarded. $ 384,935.00

American Signal (Several exceptions to the bid)

$ 299,965.00

Stansell Electric Comp/ATI Product

$ 468,110.00

McCord Communications

$ 497,041.36

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Federal Signal


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509 Owen Road Leeds, AL 35094

Re: Public Finance Program - Quotation for City of LaVergne, TN

Date: 9-28-11

The quote is good until 10/28/2011 This finance proposal applies to: Description Weather Warning system

Term (Total Payments) 10 years (10)

Payment Timing Annual

Price $497,041.36

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Quantity 1

Payment Amount $59,990

Interest Rate/APR 3.57%

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All Payments are billed in arrears; ď&#x201A;§ first annual payment due 360 days after delivery

The HIGHLAND PUBLIC CAPITAL public finance plan requires no security deposit, has no prepayment penalty, or hidden fees. We do not have any Documentation Fee You will receive an amortization with your copy of our documents. Agreement language does include Non-appropriation of funds (annual funding out clause) language. Agreement is structured in accordance with Federal and State of Tennessee laws. Other payment structures including monthly, quarterly & semi-annual are available . Please note: Approval is subject to: 1) Review and approval of the Cityâ&#x20AC;&#x2122;s most recent last three annual audit/financial statements 2) Completion of our questionnaire/application 3) Copy of most recent interim financial statement 4) Copy of current Budget 5) Mutually acceptable documentation. Other equipment, software, and vehicles may be included with our contract

If you need additional information or have questions, please contact me directly at 800-299-2982 Thank you for allowing us to submit this information to you.

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Brad Schwoebel

HIGHLAND PUBLIC CAPITAL


MINUTES OF THE REGULAR MEETING OF THE LOCAL EMERGENCY PLANNING COMMITTEE OF THE CITY OF LA VERGNE, TENNESSEE ON OCTOBER 12, 2011 IN LA VERGNE CITY HALL, LA VERGNE, TENNESSEE. The La Vergne Local Emergency Planning Committee met in a regular meeting on October 12, 2011, in La Vergne City Hall starting at 3:00 p.m. The meeting was called to order by Chairman Chris Farmer.

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Members Present The following members were present: Chairman Chris Farmer, Vice-Chairman Richard McCormick, Lloyd Adkins, Thomas Champagne, Julia Hill, Price Justice, Steve Mayer, Lynn Ruch, Mike Walker, and Victor Woods.

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Others present included Jack Murphy on behalf of the Red Cross and City Recorder Bruce Richardson.

Approve Minutes

A motion was made by Lloyd Adkins, seconded by Lynn Ruch, to approve the minutes of the August 31, 2011 Regular Meeting, was adopted with all voting AYE.

NEW BUSINESS

1.

Recommendation to the Board of Mayor and Aldermen - Warning System Bids.

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Vice-Chairman McCormick made some comments regarding the status of this project. He stated that it is now a discussion of going to a system with one siren at the park. He stated that at this point, there is no direction from the city council as to what direction to go in. He stated that the recommendation of the Local Emergency Planning Committee was to award the bid to McCord for the full warning system, including sirens, callback system, lightning detection and installation, all in one package. Mr. Steve Mayer stated that the board did vote to remove the opportunity to purchase the system as a sole source purchase. He stated that the previous approvals of the purchase as a sole source were rescinded, which opened up the project for sealed bids. He stated that some of the bidders did not follow the bid procedures and some systems were not adequate. He stated that McCord was chosen by the LEPC, but the city council has some questions about the financing. He stated that previously, McCord had included the financing at a rate of just over 3%. He stated that the city has requested quotes from twelve different banks and four have responded. He stated that those rates ranged between two percent and five percent. He stated that he spoke to the regional


Local Emergency Planning Committee

October 12, 2011

sales representative and went over the status with him. He stated that his concern about the single siren in the park is that the people that would be served by the system are the people who are gathered together at the park, who have access to cell phones, out in the weather and can see what is coming, get to their vehicles and get away from the storm. He stated that those people are the ones that are the most acutely aware of the weather conditions. Mr. Greg Skinner arrived.

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Mr. Mayer stated that the people this system is for is for those who can hear a siren from a distance. Chairman Chris Farmer stated that he can’t see just protecting the park. He stated that a lot of people don’t go to the park and a lot of the park visitors are from out of town.

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Mr. Mayer stated that a lot of people in the area would be aware of the problem. He stated that the information should be passed along to those at the schools. He stated that he is committed to a city-wide all hazards warning system. He stated that anything less would be shortchanging the citizens in the city. Mr. Ruch stated that it is similar to the Police Department spending money on bulletproof vests and training. He stated that most will go through their career without being shot, but you need to be prepared. He stated that you spend money on vests for protection that we hope never comes. He stated that people have cell phones and TV’s that can warn people of weather. He stated that there could be gas and chemical leaks, runaways, and even things that haven’t been discussed at this point that could facilitate a warning. Mr. Victor Woods stated that the city needs to be prepared for something that could happen. Mr. Mayer stated that he feels it is important for this committee to submit their thoughts and reasons for wanting an all-hazards system.

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A motion was made by Steve Mayer, seconded by Mike Walker, to poll the committee as to their feelings on whether an all hazards warning system is needed, was adopted with all voting AYE.

Chief Mike Walker stated that the city needs the full system. He stated that there are two ways to look at it. He stated that as a resident, who pays taxes like everyone else, putting one at the ballpark does him no good where he lives. He stated that there was a tornado within a quarter mile of him last spring. He stated that one siren would have done him no good. He stated that it came up so quickly, that without any warning, kids at a ballpark would have still been in the dugouts when the storm came up. He stated that it should be a complete system or none at all. He stated that one siren is not going to do what is needed. He stated that he understands the issues with going city-wide,

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Local Emergency Planning Committee

October 12, 2011

but putting one in place at the park is not going to work. He stated that he would be upset if there is one siren that serves Lake Forest and not his side of town. He stated that the schools need to be protected and everyone in the city needs to be protected. Chairman Chris Farmer stated that it should be all or none. Mr. Steve Mayer stated that his thoughts are along the same line as Chief Walker. He stated that it should be all or none.

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Mr. Thomas Champagne asked about the cost of the startup software. Vice-Chairman McCormick stated that if the city just put one in the park, the whole infrastructure would still have to be installed. He stated that the price for one siren would be approximately $150,000.

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Chairman Farmer stated that it would cost more to install additional sirens in the future. Vice-Chairman McCormick stated that it would cost more if you put them in gradually. He stated that this system has gone up in price approximately 22% in the four and a half years since the city started looking at this project. Mr. Mayer stated that as far as cost, the entire system would cost approximately $62,000 per year, which equates to about $2 per person, per year. Vice-Chairman McCormick stated that it would be less than one cent of our tax rate. Chairman Farmer stated that the funds are already in the budget. Vice-Chairman McCormick stated that the city will not be paying for the system until after installation, and the first payment would not be due for one year until after it is completely installed.

Mr. Mayer stated that this is not a spur of the moment purchase. He stated that many years of work and thought have gone into this project. Vice-Chairman McCormick stated that Metro Nashville is installing siren numbers 75 and 76 to their system. He stated that their system did not adequately cover their city. He stated that they are now installing them out by the lake where people are the most vulnerable. Mr. Mayer asked if their system had verbal enunciators. Vice-Chairman McCormick stated yes.

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Chief Walker stated that text messaging and email is not the most efficient system. He stated that when the storm popped up at the park, about five minutes after it hit, he received the warnings from WSMV, the Weather Channel and Channel 5. He stated that it was after the storm had hit and was over. He stated that some people don’t have TV’s. He stated that if they have TV’s, they may not be on or on a different channel and not see the warning. Mr. Mayer stated that the monitoring systems don’t see all of the storms. He stated that someone has to see it and call it in.

Chairman Farmer stated that most of the members have been around a tornado. He stated that if one hits, cell phone service would be out. Vice-Chairman McCormick stated that the electricity on Blair Road was out before the tornado hit. Chief Walker stated that the people that live out in the Blackman area in Murfreesboro would like to know where their sirens are. Vice-Chairman McCormick stated that if he lived in the

Page 3


Local Emergency Planning Committee

October 12, 2011

Blair Road area and the city put one siren at the park, he would be upset. He stated that the city needs to get the whole system or nothing at all. Chairman Farmer stated that you cannot put a price on anybody’s life. Chief Walker stated that it doesn’t matter if it is a kid at the park or the seniors at their center. Mr. Woods stated that with all of the shift work in La Vergne, there is always someone sleeping.

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Chief Walker asked how much it would cost to put a weather radio in everyone’s home. Mr. Mayer stated that it would probably be approximately $250,000. Chairman Farmer stated that people would just turn them off if the alarm kept going off and it wouldn’t help them. Mr. Mayer stated that those warnings are for regional areas, not local areas. Mr. Woods stated that it needs to be all or none.

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Mr. Lloyd Adkins stated that it needs to be all or none. He stated that one siren is not going to work.

Chief Walker stated that the system can be used for so much more than just weather. Vice-Chairman McCormick stated that the city could utilize the callback system probably every day. He stated that the system has unlimited callbacks. Mr. Mayer stated that the system could be targeted to the neighborhoods that are affected by an emergency. Vice-Chairman McCormick stated that it is for all hazards and is a public notification system. Chief Walker asked about the maintenance. Vice-Chairman McCormick stated that it is included in the contract. He stated that there are three years of the callback system included in the price. He stated that lightning detection is included for either three years or five years, then the city would start paying a fee for that. Mr. Mayer stated that it is a small, inexpensive option and not the most important part. Vice-Chairman McCormick stated that our biggest industrial user is wanting to buy one for their plant and tie into the city’s system. He stated that industry has bought into this.

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Chief Walker asked how difficult it would be for the schools to tap into the system. Mr. Mayer stated that they could get a call from the system. He stated that it is an opt-in system. Chief Walker stated that it would be more accurate than what is in place with the weather radios. Ms. Julia Hill stated that would be good with all of the school kids we have. Mr. Champagne asked about coverage at the airport. Vice-Chairman McCormick stated that he had spoken to Chief Johnson and they are looking to do that at the airport. He stated that one of our sirens would reach the property. He stated that they did show interest in wanting to do it themselves.

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Local Emergency Planning Committee

October 12, 2011

Mr. Price Justice stated that he thinks it is a good idea. He stated that he feels it should be all or none. He stated that he understands that it is a perception problem with the tax rate issues. He stated that he feels that just getting the word out would benefit the process. Mrs. Hill stated that she feels it should be the entire system or nothing.

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Mr. Champagne stated that he thinks it should be all or none. He stated that in relating to water terms, he can’t treat some water and some not at all. He stated that he wouldn’t want to be the person who chooses not to protect someone. Vice-Chairman McCormick stated that the city is upgrading water lines to install fire hydrants to protect everyone. Chief Walker stated that the city is installing a 24” water line to increase pumping capacity to help everyone.

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Mr. Jack Murphy, representing the Red Cross, stated that the Red Cross would say it should be a city-wide system. Mr. Greg Skinner stated that it should be all or none.

Mr. Lynn Ruch stated that it should be totally all or nothing.

A motion was made by Mike Walker, seconded by Lynn Ruch, to send a recommendation to the Board of Mayor and Aldermen that the entire system be installed or none at all. Vice-Chairman McCormick requested that the minutes from this meeting be forwarded to the city council members. Mr. Skinner asked if any of this money could be subsidized by FEMA, TEMA, etc. Vice-Chairman McCormick stated that they have looked at all avenues for funding. He stated that the Christy-Houston Foundation was willing to fund the project for the entire county if everyone wanted to do it. He stated that grants have been looked at. He stated that it was added to the five year plan. He stated that it is already in the budget.

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Mr. Skinner asked if the city has looked at trimming department budgets to fund it. Mr. Mayer stated that the departments already did that for the radio system. Vice-Chairman McCormick stated that he didn’t know if the council understood that there is a 12 month arrears for payments. He stated that the payments won’t hit until a year after the system is installed. Mr. Ruch stated that the perception on the street is that it is only good for storm warnings. He stated that there has to be a way to get the word out that it has many uses. He stated that this is not just one line of operation. He stated that it is essentially ten years of life support.

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Local Emergency Planning Committee

October 12, 2011

Chief Walker stated that there is no way to know. He stated that it could be 8 years before a life could be saved, you never know. He asked how you could put a cost on someone’s life. The motion to send the recommendation to the Board of Mayor and Aldermen to install the entire system or none at all, was adopted with all voting AYE.

City Emergency Operations Plan.

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2.

Vice-Chairman McCormick stated that this project has been started, stopped, started, stopped, etc. He stated that this committee needs full attendance to get this plan completed.

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Vice-Chairman McCormick stated that the lack of a plan will start affecting grants. He stated that if the city doesn’t stay in compliance with training and operations plans, the city may not receive future funding and the city could lose any current funding. He stated that some departments have turned in their work. He asked the other departments to pleas turn in their plans as soon as possible. Mr. Mayer asked which departments have already submitted their plans. ViceChairman McCormick stated that Fire, EMS and Haz-Mat are the only three that have submitted. He stated that if anyone needs a copy of the current county plan, we can get a copy for you. He stated that the city is taking the county’s plan and modifying it for La Vergne’s needs.

3.

Other Business

Mr. Richardson explained the new attendance policy that was adopted by the city council.

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Vice-Chairman McCormick stated that several of the members did notify that they would be unable to attend for various reasons. Chairman Farmer stated that the city probably needs to ask Rescue to replace Chris Schmidt. Mr. Mayer suggested sending a letter to the director to ask for a new representative. Chairman Farmer asked Mr. Richardson to send that letter.

Mr. Mayer spoke about the Old Timer’s Festival. He commended everyone that had a part in that. He stated that it went well and was a well-managed operation. He thanked Mr. McCormick and stated that it was well done.

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Local Emergency Planning Committee

October 12, 2011

Chairman Farmer stated that the city received a grant from Firehouse Subs for a six wheel cart to transport people for medical care. Vice-Chairman McCormick stated that it was ordered yesterday. He stated that it is a two part grant. He stated that the second part is for the skid unit and an AED. He stated that the city will send a request to Christy-Houston, but may apply to Firehouse Subs in January for the other part.

Adjournment

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Mr. Mayer stated that as far as incident training, the city added another 32 employees that are certified in advanced incident command last week. He stated that there are very few cities in the state that have all of their people with at least the 100 level training. He stated that the city will have about half of itâ&#x20AC;&#x2122;s employees trained at the highest level.

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There being no further business to come before this meeting, Chairman Farmer declared the meeting adjourned at 4:00 p.m. after a motion was made by ViceChairman McCormick was seconded by Lloyd Akins to adjourn was adopted with all voting AYE.

______________________________ Chairman

______________________________ City Recorder

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Approved: _____________________

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ORDINANCE #2011-28 AN ORDINANCE TO AMEND THE 2010-2011 FISCAL YEAR GENERAL FUND BUDGET. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: The 2010-2011 Budget is hereby amended for the General Fund by providing for:

Police - Wages Police - Repair & Maint Service Police - Repair & Maint Vehicle Police - Repair & Maint Bldg. Fire Protection Contract

$ $ $ $ $

20,000 3,000 10,000 7,000 10,000

Total Decreased Expenditures

$

50,000

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42100-124 42100-260 42100-261 42100-266 42200-722

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Decreased Expenditures for account numbers:

Increased Expenditures for account number: 49000-646

Debt Service - Interest

$

50,000

THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.

LEGAL STATUS PROVISIONS

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

ATTEST:

________________ Public Hearing

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Approved by the Mayor and Board of Aldermen:

_____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.


Ordinance #2011-29 AN ORDINANCE TO AMEND TITLE 7 OF THE LA VERGNE MUNICIPAL CODE BY ADDING FIREWORKS REGULATIONS. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: Title 7 of the La Vergne Municipal Code be amended by adding a new Chapter 7 entitled “FIREWORKS” to read as follows:

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SECTION I.

CHAPTER 7

FIREWORKS

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SECTION 7-701. Purpose. 7-702. Definition of terms. 7-703. Permit required. 7-704. Permit fee. 7-705. Privilege licenses required. 7-706. Permissible types of fireworks. 7-707. Conditions for sale and use permissible items. 7-708. Retail sale of permissible items--time limitations--exceptions. 7-709. Public displays--permits--regulation. 7-710. Regulations governing storing, locating or display of fireworks. 7-711. Unlawful acts in the sale, handling or private use of fireworks. 7-712. Seizure and destruction of fireworks. 7-713. Penalty for violation. 7-714. Exceptions to application. 7-715. Permissible dates and times of discharge. 7-716. Discharge on other dates. 7-717. Discharge on city property prohibited. 7-718. Compliance with applicable laws and standards required. 7-719. Removal of debris required. 7-720. Violations related to discharge.

7-701. Purpose. The purpose of this chapter is to provide an ordinance for regulation of the manufacture, sale, display and use of certain fireworks for both private and public display within the corporate limits of the City of La Vergne, Tennessee setting certain guidelines which shall provide for the general safety and welfare of the citizens thereof. 7-702. Definitions. As used in this chapter, the following terms shall have the meaning ascribed to them herein in accordance with Tennessee Code Annotated, § 68-104101, unless clearly indicated otherwise. (1) "Distributor" means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or any person who receives, brings, or imports any fireworks of any kind, Page 1 of 7


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in any manner into the City of La Vergne, except to a holder of a manufacturer's, distributor's or wholesaler's permit issued by the State Fire Marshal and the La Vergne City Fire Marshal. (2) "D.O.T. Class C Common/1.4G fireworks" means all articles of fireworks as are now or hereafter classified as "D.O.T. Class C Common/1.4G fireworks" in the regulations of the United States Department of Transportation for transportation of explosive and other dangerous articles. (3) "Manufacturer" means any person engaged in the making, manufacture or construction of fireworks of any kind within the City of La Vergne. (4) "Permit" means the written authority of the town manager issued under the authority of this chapter. (5) "Person" means, any individual, firm, partnership or corporation. (6) "Retailer" means any person engaged in the business of making retail sales of firework at specified times during the year as provided herein. (7) "Sale" means an exchange of articles of fireworks for money and also includes the barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesman, agent, association, co-partnership, or one (1) or more individuals. (8) "Special fireworks" means all articles of fireworks that are classified as Class B/1.3G explosives in the regulation of the United States Department of Transportation and includes all articles other than those classified as Class C. 7-703. Permit required. Any person, corporation or business entity desiring to sell fireworks as defined in Tennessee Code Annotated, ยง 68-104-108 shall first secure and obtain any and all necessary permits and comply with any and all rules and regulations set forth in Tennessee Code Annotated, ยง 68-104-101 and all following code sections pertaining to fireworks thereinafter stated including all provisions through Tennessee Code Annotated,ยง 68-104-116 to the extent the same are not in conflict with the further provisions of this chapter.

7-704. Permit fee. The fee for the permit provided for in ยง 7-703 of this chapter shall be established by the La Vergne Zoning Ordinance Article VIII, Section 8.040, and the permit shall be valid for the duration as defined in the La Vergne Zoning Ordinance Article IV, Section 4.030, Paragraph F.

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7-705. Privilege licenses required. The issuance of permits provided for herein shall not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Permittees shall comply with the City of La Vergne Fireworks Permit requirements on file with the fire marshal. 7-706. Permissible types of fireworks. It is unlawful for any individual, firm, partnership or corporation to possess, sell or use within the City of La Vergne, or ship into the City of La Vergne, except as provided in this chapter, any pyrotechnics commonly known as "fireworks" other than the following permissible items: (1) Those items now or hereafter classified as D.O.T. Class 5 Common/1.4G fireworks; or (2) Those items that comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under its regulations. Page 2 of 7


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7-707. Conditions for sale and use permissible items. No permissible articles of common fireworks, shall be sold, offered for sale, or possessed within the City of La Vergne, or used within the town, unless it is properly named and labeled to conform to the nomenclature of allowed fireworks and unless it is certified an "common fireworks" on all shipping cases and by imprinting on the article or retail container "D.O.T. Class C Common/1.4G fireworks," such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public. The fire marshal of the State of Tennessee regulations relative to the possession and sale of fireworks, their storage and safety requirements, are here and now incorporated by reference herein, together with the National Fire Protection Association (NFPA 1123 and 1126), and the International Fire Code, all in full force and effect within the city.

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7-708. Retail sale of permissible items - time limitations - exceptions. Permissible articles of fireworks may be sold at retail to residents of the City of La Vergne and used within the City of La Vergne from June 20th through July 5th, and December 20th through January 2nd of each year only, except that "fireworks" does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five one-hundredths (25/100) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five one-hundredths (25/100) grains of explosive compounds, cone, bottle, tube, and other type serpentine pop-off novelties, model rockets, wire sparklers, containing not over one hundred (100) grams of composition per item (sparklers containing chlorate or perchlorate sales may not exceed five (5) grams of composition per item), emergency flares, matches, trick matches, and cigarette loads, the sale and use of which shall be permitted at all times.

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7-709. Public displays - permits - regulation. Nothing in this chapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations promulgated by the State Fire Marshal. Such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the City of La Vergne shall include display shells designed to be fired from mortars and display set pieces of fireworks classed by the regulation of the United States Department of Transportation as "Class B Special/1.3G fireworks" and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs and torpedoes. Public displays shall be performed only under competent supervision, and after the persons or organizations making such displays shall have received written approval from the fire marshal, police chief, and the city administrator, or their designees, and applied for and received a permit for such displays issued by the state fire marshal. Applicants for permits for such public displays shall be made in writing and shall show that the proposed display is to be so located and supervised that it is not hazardous to property and that it shall not endanger human lives. Possession of special fireworks for re-sale to holders of a permit for public fireworks displays shall be confined to holders of a distributors permit only.

7-710. Regulations governing storing, locating or display of fireworks. (1) Placing, storing, locating or displaying fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within one hundred (100) feet of where the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places where fireworks are stored or sold, Page 3 of 7


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there must be posted signs with the words "fireworks--no smoking" in letters not less than four (4) inches high. No fireworks shall be sold at retail at any location where paints, oils or vanishes are for sale or use, unless such paints, oils or varnishes are kept in their original consumer containers, nor where resin, turpentine, gasoline or any other flammable substance is stored or sold, if the storage creates an undue hazard to any person or property. (2) All firework devices that are readily accessible to handling by consumers or purchaser, must have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash or other ignition source. Safety-type threadwrapped and coated fuses shall be exempt from this provision. (3) All firework devices sold under a duly issued permit must be located not less than three hundred (300) feet from any gasoline dispensing pump. (4) As permits are temporary for a period not to exceed thirty (30) days, the permit shall state any sales site must be at all times free from litter and debris, including the termination date of authorized selling periods. Violation of this provision, for which citation may issue, may give cause to refuse issuance of another permit for a period not to exceed three (3) years.

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7-711. Unlawful acts in the sale, handling or private use of fireworks. (1) It is unlawful to: (a) Offer for retail sale or to sell any fireworks to children under the age of sixteen (16) years or to any intoxicated or irresponsible person. Sales to minors shall be made in accordance with the state law; (b) Explode or ignite fireworks within six hundred (600) feet of any church, hospital, asylum, public school or within five hundred (500) feet of where fireworks are stored, sold or offered for sale, or within five hundred (500) feet of a gasoline retailer or wholesale storage facility; (c) Ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people. (2) All items of fireworks which exceed the limits of D.O.T. Class C Common/1.4G fireworks as to explosive composition, such items being commonly referred to as "illegal ground salutes" designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within the City of La Vergne for any purpose. This subsection shall not effect display fireworks authorized by this chapter. (3) Fail to comply with the city's zoning ordinance relative to minimum front building line set back requirements set forth in the city's zoning ordinance. 7-712. Seizure and destruction of fireworks. (1) The La Vergne City Administrator, or designee, may seize as contraband any fireworks other than "Class C common fireworks'' or "special fireworks" for public displays, which are sold, displayed, used or purchased in violation of this chapter. (2) Before any seized fireworks may be destroyed: (a) If the owner of such seized fireworks is known, the city administrator shall give notice by registered mail or personal service to such owner, of the fire marshalâ&#x20AC;&#x2122;s intention to destroy such seized materials. Such notice shall inform the owner of the owner's right to a hearing. Upon the request of the owner, the city administrator shall conduct an appropriate contested case hearing concerning such Page 4 of 7


destruction of fireworks in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, title 4, chapter 5. (b) If the identity of the owner of any seized fireworks is not known to the city administrator, the city administrator shall cause to be published, in a newspaper of general circulation in the county wherein the seizure was made, notice of such seizure, and of the fire marshalâ&#x20AC;&#x2122;s intention to destroy such fireworks. The notice shall be published once each week for three (3) consecutive weeks and if no person claims ownership of the fireworks within ten (10) days of the date of the last publication, the fire marshal may proceed to destroy the fireworks. If the owner does claim the fireworks within the time specified, a hearing as set out in this subsection shall be held.

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7-713. Penalty for violation. Any individual, firm, partnership or corporation that violates any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding state authorized maximum limits. In addition, the City of La Vergne may refuse to issue another permit to the holder of a permit so convicted for a period not to exceed three (3) years.

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7-714. Exceptions to application. Nothing in this chapter shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States, of the State of Tennessee or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events, nor as applying to the transportation, sale or use of fireworks solely for agricultural purposes, providing the purchaser first secures a written permit to purchase and use fireworks for agricultural purposes only from the state fire marshal, and after approval of the county agricultural agent of the county in which the fireworks are to be used and the fireworks must at all times be kept in possession of the farmer to whom the permit is issued. Such permits and fireworks shall not be transferable. Items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within the City of La Vergne. 7-715. Permissible dates and times of discharge. The discharge of common fireworks within the corporate limits of the City of La Vergne shall be restricted to the following dates and times:

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June 21 through July 7 December 19 through January 3

9:00 A.M. until 10:00 P.M. 9:00 A.M. until 10:00 P.M.

Notwithstanding the foregoing, the dates of July 4 and December 31 of each year, the discharge of common fireworks will be restricted to the hours of 9:00 A.M. and 1:00 A.M.

7-716. Discharge on other dates and times prohibited; special permits. (1) The discharge of all common fireworks within the corporate limits of the City of La Vergne on times and dates not authorized by this chapter are strictly prohibited. (2) Requests for special permits to discharge common fireworks within the corporate limits of the City of La Vergne during times and dates not authorized by this chapter may be submitted for consideration to the fire marshal. All requests must be submitted no less than 5 days prior to the scheduled event. The special authorization required shall be reviewed based upon, but not limited to, the following criteria: Page 5 of 7


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(a) The risk to public health and safety; (b) Any financial obligations incurred by the city to provide adequate protection from possible hazards; (c) The location of the event; (d) Any possible disturbance of the peace violations in the City of La Vergne; (e) Whether the display will serve the common good of the citizens of the City of La Vergne. (f) There are no more than two requests from each residential address in La Vergne within a one year time frame. (3) Any and all requests which fail to serve the general good of the community may be denied at the discretion of the city administrator based upon recommendations from the fire marshal.

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7-717. Discharge on city property prohibited. No fireworks shall be discharged or carried onto property of the City of La Vergne, including, without limitation, any or all of the city's public parks; provided, however, that the provisions of this section shall not apply to events sponsored by the City of La Vergne. 7-718. Compliance with applicable law and standards required. Any and all discharges of fireworks within the corporate limits of the City of La Vergne must comply with Tennessee Code Annotated, ยง 68-104-211, and NFPA 1123, and the most recently adopted version of the International Fire Code by the City of La Vergne. 7-719. Removal of debris required. Any parties or individuals who discharge fireworks within the corporate limits of the City of La Vergne either for public display or personal use must clear any debris from public roadways or rights of way after the discharge of the fireworks. If any such debris is not removed, such parties or individuals may be cited under ยง 16-107 of the La Vergne Municipal Code and/or Tennessee Code Annotated, ยง 3914-502. 7-720. Violations related to discharge. It shall be unlawful and a misdemeanor for any person to ignite, discharge, use or explode any common fireworks within the corporate limits of the City of La Vergne except in accordance with the provisions of this chapter. Each day a violation is allowed to continue shall constitute a separate offense.

Each section, subsection, paragraph, sentence and clause of this ordinance is hereby declared to be separable and severable. The validity of any section, subsection, paragraph, sentence or clause shall not be effected by the invalidity of any other portion of this ordinance, and only any portion declared to be invalid by a court of competent jurisdiction shall be deleted herefrom.

SECTION III.

That this Ordinance take effect forthwith upon its final passage, the public welfare requiring it.

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SECTION II.

Page 6 of 7


LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

ATTEST:

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_____________________________________ Bruce E. Richardson, City Recorder

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Published in the Daily News Journal on ________________________.

Page 7 of 7


7‐1‐11 GG 

GRANT CONTRACT (cost reimbursement grant contract with a federal or Tennessee local or quasi-governmental entity)

Begin Date

End Date

October 1, 2011

Agency Tracking #

September 30, 2012

Edison ID

Z12GHS167

Contractor Legal Entity Name

Edison Vendor ID

LaVergne Police Department Subrecipient or Vendor

Subrecipient

1520 CFDA #

20.607

Vendor

LaVergne PD Alcohol Saturation Patrols Funding — FY State

Federal

Interdepartmental

$41,932.80

Other

TOTAL Contract Amount

$41,932.80

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2012

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Service Caption (one line only)

$41,932.80

TOTAL:

American Recovery and Reinvestment Act (ARRA) Funding: Budget Officer Confirmation: There is a balance in the appropriation from which obligations hereunder are required to be paid that is not already encumbered to pay other obligations.

Speed Chart (optional)

DG-1234990

Account Code (optional)

4/8/2011

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Address # ______________________

YES

NO

OCR USE - GG

$41,932.80


7‐1‐11 GG 

GRANT CONTRACT BETWEEN THE STATE OF TENNESSEE, DEPARTMENT OF TRANSPORTATION AND LaVergne Police Department This Grant Contract, by and between the State of Tennessee, Department of Transportation, hereinafter referred to as the ‘State” and LaVergne Police Department, hereinafter referred to as the “Grantee,” is for the provision of implementing a highway safety grant, as further defined in the "SCOPE OF SERVICES." Grantee Edison Vendor ID: 1520 SCOPE OF SERVICES:

A.1.

The Grantee shall provide all service and deliverables as required, described, and detailed herein and shall meet all service and delivery timelines as specified by this Grant Contract.

A.2.

The Grantee shall undertake Alcohol Countermeasures Highway Safety Project(s) as defined in the Tennessee Highway Safety Plan and may include: training for prosecutors and law enforcement officials in driving under the influence (DUI) prosecution techniques and reporting; law enforcement activities to decrease the number of DUI crashes; DUI toxicology testing and training to reduce the backload of pending DUI cases, youth alcohol programs designed to prevent the purchase and use of alcohol and DUI related crashes; programs to reduce DUI repeat offender behavior; designated driver programs; and programs to improve prosecution and reduce the backload of DUI cases pending in courts.

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A.

A.3.

The Grantee shall prepare and submit to the State, progress reports as required, but at a minimum a quarterly report, on the form specified by the State, for the quarters of the Federal Fiscal Year ending December 31, March 31, June 30, and September 30.

A.4.

th Quarterly reports are due in the State office no later than the 15 of the month following the quarter covered by the reporting period. The Grantee agrees:

To prepare and submit to the State a final report for each grant, on the form specified by the State, forty-five (45) days following the final quarter.

b.

That all manufactured products used in implementing the project which is funded under this contract are produced in the United States, in accordance with Section 165 of the Surface Transportation Act of 1982 (Pub.L. 97-424; 96 Stat. 2097), unless the Secretary of Transportation has determined under Section 165 that it is appropriate to waive this requirement.

c.

That each sub-grantee receiving funds under this contract has an acceptable financial management system pursuant to 49 CFR 18.20.

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a.

d.

That each sub-grantee receiving funds under this contract has an acceptable procurement system pursuant to 49 CFR 18.36.

e.

To permit the State and the U.S. Department of Transportation to inspect the Grantee’s records as deemed necessary for grant monitoring purposes.

f.

That facilities and equipment acquired under this contract for use in the highway safety program shall be used and kept in operation for highway safety purposes by the State; or the State, by formal agreement with appropriate officials of the Grantee, may cause the same to be used and kept in operation for highway safety purposes

g.

That, when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing the project funded in whole or in

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part with federal funds, such documents clearly state (1) the percentage of the total cost of the project which will be financed with federal funds, and (2) the dollar amount of federal funds for the project. The Grantee further agrees: a.

To notify each employee engaged in the performance of this grant by delivery of a copy of the Drug Free Workplace Statement and to notify such employees that as a condition of employment, he or she will abide by the terms of the Statement and notify his or her employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.

b.

To notify the State within ten (10) days after receiving notice from an employee of any criminal drug statute conviction, provided for in the preceding paragraph.

c.

To take the following two actions, within thirty (30) days of receiving notice from an employee of any criminal drug statute conviction, as provided in the second preceding paragraph:

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A.5.

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(1) Taking appropriate personnel action against such an employee, up to and including termination: or (2) Requiring such employees to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

d.

A.6.

B.

To make a good faith effort to continue to maintain a drug free workplace through implementation of the subject matter of the three preceding paragraphs.

Incorporation of Additional Documents. Each of the following documents is included as a part of this Grant Contract by reference or attachment. In the event of a discrepancy or ambiguity regarding the Grantee's duties, responsibilities, and performance hereunder, these items shall govern in order of precedence below. a.

this Grant Contract document with any attachments or exhibits (excluding the items listed at subsections b. and c., below);

b.

the State grant proposal solicitation as may be amended, if any;

c.

the Grantee’s proposal (Attachment 2) incorporated to elaborate supplementary scope of services specifications.

CONTRACT PERIOD:

D

This Grant Contract shall be effective for the period beginning October 1, 2011, and ending on September 30, 2012. The Grantee hereby acknowledges and affirms that the State shall have no obligation for Grantee services or expenditures that were not completed within this specified contract period.

C.

PAYMENT TERMS AND CONDITIONS:

C.1.

Maximum Liability. In no event shall the maximum liability of the State under this Grant Contract exceed Forty-One Thousand Nine Hundred and Thirty-Two Dollars and Eighty Cents ($41,932.80). The Grant Budget, attached and incorporated hereto as Attachment One, shall constitute the maximum amount due the Grantee for all service and Grantee obligations hereunder. The Grant Budget line-items include, but are not limited to, all applicable taxes, fees, overhead, and all other direct and indirect costs incurred or to be incurred by the Grantee.

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Compensation Firm. The maximum liability of the State is not subject to escalation for any reason unless amended. The Grant Budget amounts are firm for the duration of the Grant Contract and are not subject to escalation for any reason unless amended, except as provided in section C.6.

C.3.

Payment Methodology. The Grantee shall be reimbursed for actual, reasonable, and necessary costs based upon the Grant Budget, not to exceed the maximum liability established in section C.1. Upon progress toward the completion of the work, as described in section A of this Grant Contract, the Grantee shall submit invoices prior to any reimbursement of allowable costs.

C.4.

Travel Compensation. Reimbursement to the Grantee for travel, meals, or lodging shall be subject to amounts and limitations specified in the "State Comprehensive Travel Regulations," as they are amended from time to time, and shall be contingent upon and limited by the Grant Budget funding for said reimbursement.

C.5.

Invoice Requirements. The Grantee shall invoice the State no more often than monthly, with all necessary supporting documentation, and present such to:

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C.2.

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Department of Transportation, Governor’s Highway Safety Office 505 Deaderick Street, 18th Floor, Nashville, TN 37243 a.

Each invoice shall clearly and accurately detail all of the following required information (calculations must be extended and totaled correctly). (1) (2) (3) (4) (5) (6) (7) (8)

(9) (10) (11)

Invoice/Reference Number (assigned by the Grantee). Invoice Date. Invoice Period (to which the reimbursement request is applicable). Grant Contract Number (assigned by the State). Grantor: Department of Transportation, Governor’s Highway Safety Office. Grantor Number (assigned by the Grantee to the above-referenced Grantor). Grantee Name. Grantee Tennessee Edison Registration ID Number Referenced in Preamble of this Grant Contract. Grantee Remittance Address. Grantee Contact for Invoice Questions (name, phone, and/or fax). Itemization of Reimbursement Requested for the Invoice Period— it must detail, at minimum, all of the following: i.

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ii. iii. iv.

b.

The amount requested by Grant Budget line-item (including any travel expenditure reimbursement requested and for which documentation and receipts, as required by "State Comprehensive Travel Regulations," are attached to the invoice). The amount reimbursed by Grant Budget line-item to date. The total amount reimbursed under the Grant Contract to date. The total amount requested (all line-items) for the Invoice Period.

The Grantee understands and agrees to all of the following.

(1)

(2)

An invoice under this Grant Contract shall include only reimbursement requests for actual, reasonable, and necessary expenditures required in the delivery of service described by this Grant Contract and shall be subject to the Grant Budget and any other provision of this Grant Contract relating to allowable reimbursements. An invoice under this Grant Contract shall not include any reimbursement request for future expenditures.

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(3)

An invoice under this Grant Contract shall initiate the timeframe for reimbursement only when the State is in receipt of the invoice, and the invoice meets the minimum requirements of this section C.5.

Budget Line-items. Expenditures, reimbursements, and payments under this Grant Contract shall adhere to the Grant Budget. The Grantee may vary from a Grant Budget line-item amount by up to twenty percent (20%) of the line-item amount, provided that any increase is off-set by an equal reduction of other line-item amount(s) such that the net result of variances shall not increase the total Grant Contract amount detailed by the Grant Budget. Any increase in the Grant Budget, grand total amounts shall require an amendment of this Grant Contract.

C.7.

Disbursement Reconciliation and Close Out. The Grantee shall submit any final invoice and a grant disbursement reconciliation report within sixty (60) days of the Grant Contract end date and in form and substance acceptable to the State. If total disbursements by the State pursuant to this Grant Contract exceed the amounts permitted by the section C, payment terms and conditions of this Grant Contract, the Grantee shall refund the difference to the State. The Grantee shall submit said refund with the final grant disbursement reconciliation report.

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a.

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C.6.

The State shall not be responsible for the payment of any invoice submitted to the state after the grant disbursement reconciliation report. The State will not deem any Grantee costs submitted for reimbursement after the grant disbursement reconciliation report to be allowable and reimbursable by the State, and such invoices will NOT be paid.

c.

The Grantee’s failure to provide a final grant disbursement reconciliation report to the state as required shall result in the Grantee being deemed ineligible for reimbursement under this Grant Contract, and the Grantee shall be required to refund any and all payments by the state pursuant to this Grant Contract.

d.

The Grantee must close out its accounting records at the end of the contract period in such a way that reimbursable expenditures and revenue collections are NOT carried forward.

Indirect Cost. Should the Grantee request reimbursement for indirect cost, the Grantee must submit to the State a copy of the indirect cost rate approved by the cognizant federal agency and the State. The Grantee will be reimbursed for indirect cost in accordance with the approved indirect cost rate to amounts and limitations specified in the attached Grant Budget. Once the Grantee makes an election and treats a given cost as direct or indirect, it must apply that treatment consistently and may not change during the contract period. Any changes in the approved indirect cost rate must have prior approval of the cognizant federal agency and the State. If the indirect cost rate is provisional during the period of this agreement, once the rate becomes final, the Grantee agrees to remit any overpayment of funds to the State, and subject to the availability of funds the State agrees to remit any underpayment to the Grantee.

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C.8.

b.

C.9.

Cost Allocation. If any part of the costs to be reimbursed under this Grant Contract are joint costs involving allocation to more than one program or activity, such costs shall be allocated and reported in accordance with the provisions of Department of Finance and Administration Policy Statement 03 or any amendments or revisions made to this policy statement during the contract period.

C.10.

Payment of Invoice. A payment by the State shall not prejudice the State's right to object to or question any reimbursement, invoice, or matter in relation thereto. A payment by the State shall not be construed as acceptance of any part of the work or service provided or as approval of any amount as an allowable cost.

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C.11.

Unallowable Costs. Any amounts payable to the Grantee shall be subject to reduction for amounts included in any invoice or payment theretofore made, which are determined by the State, on the basis of audits or monitoring conducted in accordance with the terms of this Grant Contract, not to constitute allowable costs.

C.12.

Deductions. The State reserves the right to deduct from amounts, which are or shall become due and payable to the Grantee under this or any contract between the Grantee and the State of Tennessee any amounts, which are or shall become due and payable to the State of Tennessee by the Grantee.

C.13.

Prerequisite Documentation. The Grantee shall not invoice the State under this Grant Contract until the State has received the following documentation properly completed. The Grantee shall complete, sign, and present to the State an "Authorization Agreement for Automatic Deposit (ACH Credits) Form" provided by the State. By doing so, the Grantee acknowledges and agrees that, once said form is received by the State, all payments to the Grantee, under this or any other contract the Grantee has with the State of Tennessee shall be made by Automated Clearing House (ACH).

b.

The Grantee shall complete, sign, and present to the State a "Substitute W-9 Form” provided by the State. The taxpayer identification number detailed by said form must agree with the Federal Employer Identification Number or Social Security Number referenced in this Grant Contract or the Grantee's Tennessee Edison Registration.

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a.

STANDARD TERMS AND CONDITIONS:

D.1.

Required Approvals. The State is not bound by this Grant Contract until it is signed by the contract parties and approved by appropriate officials in accordance with applicable Tennessee laws and regulations (depending upon the specifics of this contract, said officials may include, but are not limited to, the Commissioner of Finance and Administration, the Commissioner of Human Resources, and the Comptroller of the Treasury).

D.2.

Modification and Amendment. Except as specifically provided herein, this Grant Contract may be modified only by a written amendment signed by all parties hereto and approved by both the officials who approved the base contract and, depending upon the specifics of the contract as amended, any additional officials required by Tennessee laws and regulations (said officials may include, but are not limited to, the Commissioner of Finance and Administration, the Commissioner of Human Resources, and the Comptroller of the Treasury).

D.3.

Termination for Convenience. The State may terminate this Grant Contract without cause for any reason. Said termination shall not be deemed a breach of contract by the State. The State shall give the Grantee at least thirty (30) days written notice before the effective termination date. The Grantee shall be entitled to compensation for authorized expenditures and satisfactory services completed as of the termination date, but in no event shall the State be liable to the Grantee for compensation for any service which has not been rendered. The final decision as to the amount, for which the State is liable, shall be determined by the State. Should the State exercise this provision, the Grantee shall not have any right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount.

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D.

D.4.

Termination for Cause. If the Grantee fails to properly perform its obligations under this Grant Contract in a timely or proper manner, or if the Grantee violates any terms of this Grant Contract, the State shall have the right to immediately terminate the Grant Contract and withhold payments in excess of fair compensation for completed services. Notwithstanding the above, the Grantee shall not be relieved of liability to the State for damages sustained by virtue of any breach of this Grant Contract by the Grantee.

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Subcontracting. The Grantee shall not assign this Grant Contract or enter into a subcontract for any of the services performed under this Grant Contract without obtaining the prior written approval of the State. If such subcontracts are approved by the State, each shall contain, at a minimum, sections of this contract pertaining to "Conflicts of Interest," “Lobbying,” "Nondiscrimination," “Public Accountability,” “Public Notice,” and “Records" (as identified by the section headings). Notwithstanding any use of approved subcontractors, the Grantee shall be the prime contractor and shall be responsible for all work performed.

D.6.

Conflicts of Interest. The Grantee warrants that no part of the total Grant Amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Grantee in connection with any work contemplated or performed relative to this Grant Contract.

D.7.

Lobbying. The Grantee certifies, to the best of its knowledge and belief, that:

No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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a.

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D.5.

b.

If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions.

c.

The Grantee shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Nondiscrimination. The Grantee hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Grant Contract or in the employment practices of the Grantee on the grounds of handicap or disability, age, race, color, religion, sex, national origin, or any other classification protected by Federal, Tennessee State constitutional, or statutory law. The Grantee shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

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D.8.

D.9.

Public Accountability. If the Grantee is subject to Tennessee Code Annotated, Title 8, Chapter 4, Part 4, or if this Grant Contract involves the provision of services to citizens by the Grantee on behalf of the State, the Grantee agrees to establish a system through which recipients of services may present grievances about the operation of the service program, and the Grantee shall display in a prominent place, located near the passageway through which the public enters in order to receive Grant supported services, a sign at least twelve inches (12") in height and eighteen inches (18") in width stating:

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NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER’S TOLL-FREE HOTLINE: 1-800-232-5454 Public Notice. All notices, informational pamphlets, press releases, research reports, signs, and similar public notices prepared and released by the Grantee shall include the statement, “This project is funded under an agreement with the State of Tennessee.” Any such notices by the Grantee shall be approved by the State.

D.11.

Licensure. The Grantee and its employees and all sub-grantees shall be licensed pursuant to all applicable federal, state, and local laws, ordinances, rules, and regulations and shall upon request provide proof of all licenses.

D.12.

Records. The Grantee (and any approved subcontractor) shall maintain documentation for all charges under this Contract. The books, records, and documents of the Grantee (and any approved subcontractor), insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the state agency, the Comptroller of the Treasury, or duly appointed representatives. The records of notfor-profit entities shall be maintained in accordance with the Accounting and Financial Reporting for Not-for-Profit Recipients of Grant Funds in Tennessee, published by the Tennessee Comptroller of the Treasury and found at http://www.comptroller1.state.tn.us/ma/finreptmanual.asp. The records for local governments shall be maintained in accordance with the Internal Control and Compliance Manual for Tennessee Municipalities, published by the Tennessee Comptroller of the Treasury and found at http://www.comptroller1.state.tn.us/ma/citymanual.asp and in accordance with GFOA's publication, Governmental Accounting, Auditing and Financial Reporting.

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D.10.

Prevailing Wage Rates. All grants and contracts for construction, erection, or demolition or to install goods or materials that involve the expenditure of any funds derived from the State require compliance with the prevailing wage laws as provided in Tennessee Code Annotated, Section 124-401 et seq..

D.14.

Monitoring. The Grantee’s activities conducted and records maintained pursuant to this Grant Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives.

D.15.

Progress Reports. The Grantee shall submit brief, periodic, progress reports to the State as requested.

D.16.

Annual Report and Audit. The Grantee shall prepare and submit, within nine (9) months after the close of the reporting period, an annual report of its activities funded under this Grant Contract to the commissioner or head of the Granting agency, the Tennessee Comptroller of the Treasury, and the Commissioner of Finance and Administration. The annual report for any Grantee that receives five hundred thousand dollars ($500,000) or more in aggregate federal and state funding for all its programs shall include audited financial statements. All books of account and financial records shall be subject to annual audit by the Tennessee Comptroller of the Treasury or the Comptroller’s duly appointed representative. When an audit is required, the Grantee may, with the prior approval of the Comptroller, engage a licensed independent public accountant to perform the audit. The audit contract between the Grantee and the licensed independent public accountant shall be on a contract form prescribed by the Tennessee Comptroller of the Treasury. Any such audit shall be performed in accordance with generally accepted government auditing standards, the provisions of OMB Circular A-133, if applicable, and the Audit Manual for Governmental Units and Recipients of Grant Funds published by the Tennessee Comptroller of

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D.13.

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the Treasury. The Grantee shall be responsible for reimbursement of the cost of the audit prepared by the Tennessee Comptroller of the Treasury, and payment of fees for the audit prepared by the licensed independent public accountant. Payment of the audit fees of the licensed independent public accountant by the Grantee shall be subject to the provisions relating to such fees contained in the prescribed contract form noted above. Copies of such audits shall be provided to the designated cognizant state agency, the State Granting Department, the Tennessee Comptroller of the Treasury, and the Department of Finance and Administration and shall be made available to the public. Procurement. If other terms of this Grant Contract allow reimbursement for the cost of goods, materials, supplies, equipment, and/or contracted services, such procurement(s) shall be made on a competitive basis, including the use of competitive bidding procedures, where practical. The Grantee shall maintain documentation for the basis of each procurement for which reimbursement is paid pursuant to this Grant Contract. In each instance where it is determined that use of a competitive procurement method is not practical, supporting documentation shall include a written justification for such decision and non-competitive procurement. Further, and notwithstanding the foregoing, if such reimbursement is to be made with funds derived wholly or partially from federal sources, the determination of cost shall be governed by and reimbursement shall be subject to the Grantee's compliance with applicable federal procurement requirements.

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D.17.

The Grantee shall obtain prior approval from the State before purchasing any equipment under this Grant Contract.

D.18.

Strict Performance. Failure by any party to this Grant Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this agreement shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Grant Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

D.19.

Independent Contractor. The parties hereto, in the performance of this Grant Contract, shall not act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that such parties are independent contracting entities and that nothing in this Grant Contract shall be construed to create a principal/agent relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.

D

The Grantee, being a political subdivision of the State, is governed by the provisions of the Tennessee Government Tort Liability Act, Tennessee Code Annotated, Sections 29-20-101 et seq., for causes of action sounding in tort. Further, no contract provision requiring a Tennessee political entity to indemnify or hold harmless the State beyond the liability imposed by law is enforceable because it appropriates public money and nullifies governmental immunity without the authorization of the General Assembly.

D.20.

State Liability. The State shall have no liability except as specifically provided in this Grant Contract.

D.21.

Force Majeure. The obligations of the parties to this Grant Contract are subject to prevention by causes beyond the parties’ control that could not be avoided by the exercise of due care including, but not limited to, natural disasters, riots, wars, epidemics, or any other similar cause.

D.22.

State and Federal Compliance. The Grantee shall comply with all applicable state and federal laws and regulations in the performance of this Grant Contract.

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Governing Law. This Grant Contract shall be governed by and construed in accordance with the laws of the State of Tennessee. The Grantee agrees that it will be subject to the exclusive jurisdiction of the courts of the State of Tennessee in actions that may arise under this Grant Contract. The Grantee acknowledges and agrees that any rights or claims against the State of Tennessee or its employees hereunder, and any remedies arising there from, shall be subject to and limited to those rights and remedies, if any, available under Tennessee Code Annotated, Sections 9-8-101 through 9-8-407.

D.24.

Completeness. This Grant Contract is complete and contains the entire understanding between the parties relating to the subject matter contained herein, including all the terms and conditions of the parties’ agreement. This Grant Contract supersedes any and all prior understandings, representations, negotiations, and agreements between the parties relating hereto, whether written or oral.

D.25.

Severability. If any terms and conditions of this Grant Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this Grant Contract are declared severable.

D.26.

Headings. Section headings are for reference purposes only and shall not be construed as part of this Grant Contract.

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D.23.

E.

SPECIAL TERMS AND CONDITIONS:

E.1.

Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with any other terms and conditions of this Grant Contract, these special terms and conditions shall control.

E.2.

Communications and Contacts. All instructions, notices, consents, demands, or other communications required or contemplated by this Grant Contract shall be in writing and shall be made by certified, first class mail, return receipt requested and postage prepaid, by overnight courier service with an asset tracking system, or by EMAIL or facsimile transmission with recipient confirmation. Any such communications, regardless of method of transmission, shall be addressed to the respective party at the appropriate mailing address, facsimile number, or EMAIL address as set forth below or to that of such other party or address, as may be hereafter specified by written notice. The State:

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Kendell Poole, Director Department of Transportation, Governor’s Highway Safety Office th 505 Deaderick St., 18 Floor Nashville, TN 37243 Telephone # (615) 741-2589 FAX # (615) 253-5523 The Grantee:

Carl McMillen, Sergeant LaVergne Police Department 5093 Murfreesboro Road LaVergne, TN 37086 Telephone # (615) 287-8616 FAX # (615) 793-2393

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All instructions, notices, consents, demands, or other communications shall be considered effectively given upon receipt or recipient confirmation as may be required. Subject to Funds Availability. The Grant Contract is subject to the appropriation and availability of State and/or Federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the State reserves the right to terminate the Grant Contract upon written notice to the Grantee. Said termination shall not be deemed a breach of contract by the State. Upon receipt of the written notice, the Grantee shall cease all work associated with the Grant Contract. Should such an event occur, the Grantee shall be entitled to compensation for all satisfactory and authorized services completed as of the termination date. Upon such termination, the Grantee shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount.

E.4.

No Equipment Acquisition. This Grant Contract does not involve the acquisition and disposition of equipment acquired with funds provided under this Grant Contract.

E.5.

Confidentiality of Records. Strict standards of confidentiality of records and information shall be maintained in accordance with applicable state and federal law. All material and information, regardless of form, medium or method of communication, provided to the Grantee by the State or acquired by the Grantee on behalf of the State shall be regarded as confidential information in accordance with the provisions of applicable state and federal law, state and federal rules and regulations, departmental policy, and ethical standards. Such confidential information shall not be disclosed, and all necessary steps shall be taken by the Grantee to safeguard the confidentiality of such material or information in conformance with applicable state and federal law, state and federal rules and regulations, departmental policy, and ethical standards.

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E.3.

The Grantee’s obligations under this section do not apply to information in the public domain; entering the public domain but not from a breach by the Grantee of this Grant Contract; previously possessed by the Grantee without written obligations to the State to protect it; acquired by the Grantee without written restrictions against disclosure from a third party which, to the Grantee’s knowledge, is free to disclose the information; independently developed by the Grantee without the use of the State’s information; or, disclosed by the State to others without restrictions against disclosure. Nothing in this paragraph shall permit Grantee to disclose any information that is confidential under federal or state law or regulations, regardless of whether it has been disclosed or made available to the Grantee due to intentional or negligent actions or inactions of agents of the State or third parties. It is expressly understood and agreed the obligations set forth in this section shall survive the termination of this Grant Contract. Debarment and Suspension. The Grantee certifies, to the best of its knowledge and belief, that it, its current and future principals, its current and future subcontractors and their principals:

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E.6.

a.

are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency;

b.

have not within a three (3) year period preceding this Grant Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

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c.

are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed in section b. of this certification; and

d.

have not within a three (3) year period preceding this Grant Contract had one or more public transactions (federal, state, or local) terminated for cause or default.

The Grantee shall provide immediate written notice to the State if at any time it learns that there was an earlier failure to disclose information or that due to changed circumstances, its principals or the principals of its subcontractors are excluded or disqualified. Federal Funding Accountability and Transparency Act (FFATA). This Grant requires the Grantee to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Grantee is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Grantee provides information to the State as required.

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E.7.

The Grantee shall comply with the following:

Reporting of Total Compensation of the Grantee’s Executives.

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a.

(1)

The Grantee shall report the names and total compensation of each of its five most highly compensated executives for the Grantee’s preceding completed fiscal year, if in the Grantee’s preceding fiscal year it received: i.

ii.

iii.

80 percent or more of the Grantee’s annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub awards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and sub awards); and The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

Executive means officers, managing partners, or any other employees in management positions. Total compensation means the cash and noncash dollar value earned by the executive during the Grantee’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

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(2)

i. ii.

iii.

Salary and bonus. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

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iv. v. vi.

Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. Above-market earnings on deferred compensation which is not tax qualified. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

The Grantee must report executive total compensation described above to the State by the end of the month during which this Grant is awarded.

c.

If this Grant is amended to extend its term, the Grantee must submit an executive total compensation report to the State by the end of the month in which the amendment to this Grant becomes effective.

d.

The Grantee will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this Grant. More information about obtaining a DUNS Number can be found at: http://fedgov.dnb.com/webform/

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b.

The Grantee’s failure to comply with the above requirements is a material breach of this Grant for which the State may terminate this Grant for cause. The State will not be obligated to pay any outstanding invoice received from the Grantee unless and until the Grantee is in full compliance with the above requirements.

IN WITNESS WHEREOF,

LaVergne Police Department:

GRANTEE SIGNATURE

DATE

PRINTED NAME AND TITLE OF GRANTEE SIGNATORY (above)

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DEPARTMENT OF TRANSPORTATION:

JOHN C. SCHROER, COMMISSIONER

DATE

12


7‐1‐11 GG 

DATE

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JOHN REINBOLD, GENERAL COUNSEL APPROVED AS TO FORM AND LEGALITY

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7‐1‐11 GG 

ATTACHMENT ONE Page 1 GRANT BUDGET LaVergne Police Department LaVergne PD Alcohol Saturation Patrols

The grant budget line-item amounts below shall be applicable only to expense incurred during the following Applicable Period: BEGIN: October 1, 2011 END: September 30, 2012 EXPENSE OBJECT LINE-ITEM CATEGORY

1. 2

Salaries, Benefits & Taxes

4, 15

Professional Fee, Grant & Award

5, 6, 7, 8, 9, 10

11. 12

2

Travel, Conferences & Meetings

14

GRANTEE PARTICIPATION

2

TOTAL PROJECT

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

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GRANT CONTRACT 0.00

Supplies, Telephone, Postage & Shipping, Occupancy, Equipment Rental & Maintenance, Printing & Publications

13

1

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POLICY 03 Object Line-item Reference

0.00

0.00

0.00

Insurance

0.00

0.00

0.00

16

Specific Assistance To Individuals

0.00

0.00

0.00

17

Depreciation

0.00

0.00

0.00

18

Other Non-Personnel

0.00

0.00

0.00

20

Capital Purchase

0.00

0.00

0.00

22

Indirect Cost

0.00

0.00

0.00

24

In-Kind Expense

0.00

0.00

0.00

0.00

$41,932.80

25

1

2

2

GRAND TOTAL

$41,932.80

$

Each expense object line-item shall be defined by the Department of Finance and Administration Policy 03, Uniform Reporting Requirements and Cost Allocation Plans for Subrecipients of Federal and State Grant Monies, Appendix A. (posted on the Internet at: http://www.state.tn.us/finance/act/documents/policy3.pdf). Applicable detail follows this page if line-item is funded.

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2

2


7‐1‐11 GG 

ATTACHMENT ONE Page 15 GRANT BUDGET LINE-ITEM DETAIL:

PROFESSIONAL FEE, GRANT & AWARD

AMOUNT

Specific, Descriptive, Detail (Repeat Row As Necessary)

Amount TOTAL

Specific, Descriptive, Detail (Repeat Row As Necessary)

AMOUNT

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OTHER NON-PERSONNEL

Amount

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TOTAL

CAPITAL PURCHASE

Specific, Descriptive, Detail (Repeat Row As Necessary)

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Amount

TOTAL

Amount

AMOUNT Amount Amount


LEASE CONTRACT THIS LEASE AGREEMENT made this ______ day of ____________, 20____, by and between the City of La Vergne, a Municipal Corporation of the State of Tennessee, hereinafter referred to as the "Lessor", and Rutherford County, a County Government of the State of Tennessee, hereinafter referred to as the "Lessee":

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WITNESSETH THAT, the Lessor hereby leases unto the Lessee the property described as a parcel on Sand Hill Road, City of La Vergne, Tennessee, 37167. See Exhibit “A”

attached hereto and incorporated herein the same as if copied herein verbatim for a

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more complete description.

THIS LEASE is executed upon the following terms and conditions: 1.

The rental period of this lease shall be for ten (10) years and shall begin

on the ______ day of ____________, 20____. The Lessee shall pay as total rent the

sum of One and No/100 Dollars ($1.00) for the rental period. 2.

The Lessee shall maintain the property at its expense in good repair

during the continuance of this lease. The property shall be kept free and clear of debris. All garbage and refuse shall be removed regularly, but in no event no less frequently than once each week. 3.

It shall be the duty of the Lessee to repair any defective condition in the

leased property and to grade, rock, asphalt and construct any fences and utilities to the property that the Lessee needs. Lessee shall construct a six foot (6’) high non-seethrough fence along the boundary line of the property adjacent to the Parks and

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Recreation Building to act as a screen or as modified in writing by the parties. 4.

The Lessee hereby covenants with the Lessor that said property shall be

used solely as refuge center and that no refuse containers shall be located closer than two hundred twenty-five feet (225’) from the centerline of Sand Hill Road. The Lessee will not do or suffer to be done in or upon said premises any act or thing which shall be or become a nuisance or annoyance to the public or to adjoining property and shall not keep any items of hazardous material or dangerous, flammable or explosive items on

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the property. If the Lessee proposes any additional or different use of the property, it must obtain prior written approval of the Lessor. 5.

The Lessee shall be liable for all utility charges and for all insurance on its

property including liability insurance. 6.

The Lessee will not cause any installation or repair to be made on the

property without the written approval of the Lessor. All construction approved by the Lessor will be at the expense of the Lessee. The lease may not be assigned, or the leased premises sublet, without the

written consent of the Lessor. 8.

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7.

Lessee covenants and agrees that it will take good care of the property,

and surrender the property in as good order and condition as it is at the beginning of

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this lease, ordinary wear and tear excepted. 9.

Lessee takes the property in an as is condition, following the removal of

any structures. 10.

THE LESSEE ACCEPTS THE RESPONSIBILITY FOR ANY HARM

COMING TO PERSON OR PROPERTY OF THE LESSEE, THE LESSEE'S AGENTS, GUESTS, INVITEES, OR REPRESENTATIVES. THE LESSEE ALSO AGREES TO HOLD THE LESSORS FREE FROM ANY ACT OF NEGLIGENCE OF THE LESSEE, ITS GUESTS, AGENTS, INVITEES, OR REPRESENTATIVES. 11.

If the Lessee shall at any time be in default in the performance of any of

the covenants, terms, conditions or provisions of this lease, and the Lessee shall fail to remedy such default within thirty (30) days after notice by certified United States mail stating such covenant, term, condition or provision to be corrected, it shall be lawful for

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the Lessor to enter upon the premises and repossess and enjoy the same as if this lease had not been made, and thereupon this lease and everything contained herein on the part of the Lessor to be done and performed shall cease and terminate.

The

Lessorâ&#x20AC;&#x2122;s right or entry and possession is a continuing right regardless of prior forbearance on the part of the Lessor for prior defaults. 12.

Lessee shall pay and be responsible for all expenses and reasonable

attorney's fees incurred by Lessor and occasioned by the Lessee's default or failure to

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perform any of the obligations, covenants or provisions imposed by this agreement or by law. 13.

If the Lessee vacates the property, it shall be the responsibility of the

Lessee to clean and remove any and all items from the property. Any items left on the property upon such vacation may be disposed of by the Lessor at the expense of the Lessee. 14.

This Lease and all covenants, provisions and conditions contained herein,

parties. 15.

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shall inure to the benefit of, and be binding upon the successors and assigns of the

TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ALL THE

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TERMS AND CONDITIONS HEREOF.

IN WITNESS WHEREOF, the parties have hereto affixed their signatures on the

day and year first above written.

Lessee - Rutherford County

______________________________ Mayor - City of La Vergne

______________________________ County Mayor - Rutherford County

ATTEST:

ATTEST:

______________________________ City Recorder - City of La Vergne

______________________________ County Clerk - Rutherford County

(Seal)

(Seal)

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Lessor - City of La Vergne

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STATEOFTENNESSEE

) ) SS: RUTHERFORD COUNTY ) Personally appeared before me, the undersigned authority, a Notary Public in and for the said County and State, Senna Mosley, the Mayor of the City of La Vergne, with whom I am personally acquainted, or proved to me on the basis of satisfactory evidence, and who acknowledged that she as such officer being authorized so to do

contained.

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executed the foregoing instrument for the City of La Vergne for the purposes therein

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WITNESS MY HAND at office, the ______ day of ____________,20____.

______________________________ Notary Public

My Commission Expires: ______________________.

STATE OF TENNESSEE ) ) SS: RUTHERFORD COUNTY )

Personally appeared before me, the undersigned authority, a Notary Public in and for the said County and State, Ernest Burgess, the County Mayor of Rutherford County, with whom I am personally acquainted, or proved to me on the basis of satisfactory evidence, and who acknowledged that he as such officer being authorized so to do

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executed the foregoing instrument for the County of Rutherford for the purposes therein contained.

WITNESS MY HAND at office, the ______ day of ____________, 20____.

______________________________ Notary Public My Commission Expires: ______________________.

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La Vergne City Hall 5093 Murfreesboro Road La Vergne, TN 37086

Phone: 615-287-8634 FAX: 615-793-6025 E-Mail: brichardson@lavergnetn.gov

City of La Vergne

Board of Mayor / Aldermen

From:

Bruce E. Richardson

Date:

October 27, 2011

Re:

Planning Commission Appointment

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To:

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Memo

Current Members: Name Calvin Jones - Chairman Charles Parker - Vice-Chairman Graeme Coates - Secretary Earl Garvin, Jr. Connie Hayes Tom Broeker - Alderman Senna Mosley - Mayor

Appointed: December 2007 November 2004 January 2001 August 2010; October 2010 November 2009; August 2010 November 2010 November 2010

Term Expires: October 31, 2013 October 31, 2011 December 31, 2012 October 31, 2013 December 31, 2012 Term of Office Term of Office

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The term for Charles Parker will expire on October 31, 2011. I have spoken to Mr. Parker and he would like to remain on this board. This position is appointed by the Mayor and confirmation by the Board is not required.


ORDINANCE #2011-30 AN ORDINANCE TO AMEND TITLE 3, CHAPTER 3 OF THE LA VERGNE MUNICIPAL CODE BY ADDING A NEW SECTION 3-311 RELATING TO THE EMPLOYMENT OF COLLECTION AGENCIES TO COLLECT MUNICIPAL FINES AND COSTS.

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WHEREAS, Tennessee Code Annotated § 40-24-105(e) authorizes municipalities to employ the services of a collection agency to collect unpaid municipal court fines and costs; and WHEREAS, such collection agency shall only collect fines and costs which are more than 60 days overdue; and

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WHEREAS, Tennessee Code Annotated § 40-24-105(e) requires any municipality to adopt an authorizing ordinance before contracting with any collection agency to do so.

NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that SECTION I.

Title 3, Chapter 3 is amended by adding a new Section 3-311 which shall read as follows:

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3-311. Collection Agencies. (1) In accordance with Tennessee Code Annotated § 40-24-105(e), the City of La Vergne is authorized to employ the services of a collection agency to collect fines, court costs and litigation taxes assessed by the municipal court where the fines and costs have not been collected within sixty (60) days after they were due. Any fees of the collection agency shall be assessed as additional court costs in connection with the city offense. Interest will be collected on each account at a rate of ten percent (10%) per annum, in accordance with Tennessee Code Annotated § 47-14-121. (2) Any such contract with a collection agency shall be in writing, and shall include a provision specifying that the collection agency may institute an action to collect fines and costs in a judicial proceeding. The collection agency may be paid an amount approved by the City Administrator which does not exceed any statutorily approved fees authorized by Tennessee Code Annotated § 40-24-105(e). (3) The contract with such collection agency may also include the collection of unpaid parking fines as provided in Tennessee Code Annotated, § 6-54-513, after the notices required by law are mailed to registered vehicle owners.

SECTION II.

Each section, subsection, paragraph, sentence and clause of this ordinance is hereby declared to be separable and severable. The validity of any section, subsection, paragraph, sentence or clause

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shall not be effected by the invalidity of any other portion of this ordinance, and only any portion declared to be invalid by a court of competent jurisdiction shall be deleted herefrom.

SECTION III.

That this Ordinance take effect forthwith upon its final passage, the public welfare requiring it.

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LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

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ATTEST:

_____________________________________ Bruce E. Richardson, City Recorder

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Published in the Daily News Journal on ________________________.

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RESOLUTION #2011-26 A RESOLUTION OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, AUTHORIZING THE ISSUANCE, SALE, AND PAYMENT OF GENERAL FUND TAX ANTICIPATION NOTES NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000).

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WHEREAS, the Board of Mayor and Aldermen of the City of La Vergne, Tennessee, (the “Local Government”) has determined that it is necessary and desirable to borrow a limited amount of funds to meet appropriations made for the General Fund (the “Fund”) for the current fiscal year, being July 1, 2011, through June 30, 2012, inclusive, (the “Fiscal Year”), in anticipation of the collection of taxes and revenues for the Fund during the Fiscal Year; and

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WHEREAS, under the provisions of Part I, IV, and VIII of Title 9, Chapter 21, Tennessee Code Annotated (the “Act”), local governments in Tennessee are authorized to issue and sell interest-bearing tax anticipation notes in amounts not exceeding sixty percent (60%) of the Fund appropriation for the Fiscal Year upon the approval of the State Director of Local Finance; and WHEREAS, the Board of Mayor and Aldermen finds that it is advantageous to the Local Government to authorize the issuance and sale of tax anticipation notes; NOW, THEREFORE, BE IT RESOLVED, by the Board of Mayor and Aldermen of the City of La Vergne, Tennessee, as follows:

That, for the purpose of providing funds to meet certain appropriations for the Fiscal Year, the Chief Executive Officer of the Local Government is hereby authorized in accordance with the terms of this Resolution to issue and sell interest-bearing tax anticipation notes in a principal amount not to exceed One Million Dollars ($1,000,000) (the “Notes”) at either a competitive public sale or at a private negotiated sale upon approval of the State Director of Local Finance pursuant to the terms, provisions, and conditions permitted by law. The Notes shall be designated “General Fund Tax Anticipation Notes, Series 2011”; shall be numbered serially from 1 upwards; shall be dated as of the date of issuance; shall be in denomination(s) as agreed upon with the purchaser; shall be sold at not less than par value and accrued interest; and shall bear interest at a rate or rates not to exceed five per cent (5%) per annum, and in no event shall the rate exceed the legal limit provided by law.

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Section 1.

Section 2.

That, the sum of the principal amount of the Notes, together with the principal amount or amounts of any prior tax anticipation notes issued during the Fiscal Year, does not exceed sixty percent (60%) of the Fund appropriation for the Fiscal Year.

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That, the Notes may be renewed from time to time and money may be borrowed from time to time for the payment of any indebtedness evidenced by the Notes; provided, that the Notes and any renewal notes shall mature and be paid in full without renewal on or before the end of the Fiscal Year. If the Local Government overestimates the amount of taxes and revenue collected for the Fiscal Year and it becomes impossible to retire the Notes and all renewal notes prior to the close of the Fiscal Year, then the Local Government shall apply to the State Director of Local Finance within ten (10) days prior to the close of the Fiscal year for permission to issue funding bonds to cover the unpaid Notes in the manner provided by Title 9, Chapter 11 of Tennessee Code Annotated or as otherwise provided for in a manner approved by the State Director of Local Finance.

Section 4.

That, the Notes shall be secured solely by the receipt of taxes and revenues by the Fund during the Fiscal Year.

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Section 3.

That, the Notes shall be subject to redemption at the option of the Local government, in whole or in part, at any time, at the principal amount and accrued interest to the date of redemption without a premium.

Section 6.

That, the Notes shall be executed in the name of the Local Government and bear the manual signature of the chief executive officer of the Local Government and the manual signature of the City Recorder with the Local Government seal affixed thereon; and shall be payable as to principal and interest at the office of the Finance Director of the Local Government or the paying agent duly appointed by the Local Government. Proceeds of the Notes shall be deposited with the General Fund of the Local Government and shall be paid out for the purpose of meeting Fund appropriations made for the Fiscal Year in anticipation of the collection of revenues and taxes pursuant to this Resolution and as required by law.

Section 7.

That, the Notes shall be in substantially the form attached hereto and shall recite that that notes are issued pursuant to Title 9, Chapter 21, Tennessee Code Annotated.

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Section 5.

Section 8.

That, the Notes shall be sold only after the receipt of the approval of the State Director of Local Finance for the sale of the Notes.

Section 9.

That, the Notes shall be designated as a â&#x20AC;&#x153;Qualified Tax Exempt Obligationâ&#x20AC;? as such term is defined in Section 265 of the Internal Revenue Code of 1986, as amended.

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Section 10.

That, all orders or resolutions in conflict with this Resolution are hereby repealed insofar as such conflict exists and this Resolution shall become effective immediately upon its passage.

Duly passed and approved this 1st day of November, 2011.

ATTEST:

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___________________________ Senna Mosley, Mayor

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___________________________________ Bruce E. Richardson, City Recorder

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INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE TOWN OF SMYRNA AND CITY OF LAVERGNE FOR ONSITE MEDICAL CLINIC SERVICES This agreement is entered into by and between the Town of Smyrna, herein referred to as “Town” and the City of La Vergne, herein referred to as “City”. WITNESSETH

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WHEREAS, the Town of Smyrna has arranged for onsite medical clinics to serve its eligible employees and covered dependents, and; WHEREAS, the parties agree that the respective rights, duties, and obligations regarding this multi-party Agreement are as specified in this Agreement; now therefore,

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For and in consideration of the mutual covenants, obligations, and benefits hereunder, the parties do hereby agree as follows: I.

STATEMENT OF RESPONSIBILITIES:

TOWN OF SMYRNA

A. Town of Smyrna shall be responsible for oversight and management of onsite medical clinic vendor. B. Town of Smyrna shall be responsible for collecting data for the purpose of maintaining eligibility, reporting, for eligible participants. C. Town of Smyrna shall cause its medical clinic vendor (CareHere, LLC) to provide financial and utilization reports sufficient for City to pay its obligations.

CITY OF LAVERGNE

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A. City shall supply eligibility data on a monthly basis in a format mutually agreed by City and Town of Smyrna medical clinic vendor. . B. City shall make payments to the medical clinic vendor, as required for the services and goods, in a timely manner consistent with payments terms accepted. C. City shall pay Town the agreed upon charge of $65 for each appointment of the City’s covered employees and their dependents, as well as the agreed upon monthly ratio of unused shared time. UNUSED SHARED TIME

Town of Smyrna City of La Vergne 7/01/2011


The clinic invoices the entities for all operating hours. Any unused appointment time will be divided pro rata between the City and Town by calculation of usage during the calendar month applicable. The percentage of assigned appointments for each entities covered employees and dependents during the same calendar month shall be used to reflect the ratio of unused shared time to be applied to each local government. II.

MANAGEMENT OF SERVICES:

III.

TERM OF AGREEMENT:

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The Town of Smyrna shall be responsible for communicating the intent to implement this Agreement. Town of Smyrna will provide City timely notice of contract changes or Management service changes. Town of Smyrna and City of La Vergne shall be solely responsible for the planning, support, and all aspects of the operation

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The term of this Agreement is one year commencing on ___________ and continuing until ____________, unless earlier terminated by providing 45 days written notice. Therefore, subject to each of the Partiesâ&#x20AC;&#x2122; written consent, this Agreement shall renew for 1-year terms up to a total of five (5) such terms, unless earlier terminated. The Town may terminate the agreement without cause, provided the termination is conveyed upon notice of 45 days. IV.

LIABILITY; NO WAIVER OF IMMUNITY

To the extent authorized by the Constitution and the laws of the State of Tennessee the Parties agree that each shall be responsible for its own actions and those of its members pursuant to and within the scope of this Agreement or amendment thereto. It is expressly understood and agreed by the Parties that neither shall be held liable for the actions of the other Party or any of the other Partyâ&#x20AC;&#x2122;s members while in any manner furnishing services hereunder. Each party to this Agreement expressly waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, not due to the negligence, fraud, or illegal conduct of the other party.

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It is expressly understood and agreed that under this Agreement neither party waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. V.

MUTUAL AGREEMENTS

Entire Agreement. This agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and all prior discussions, representations, proposals, offers, and oral or written communications of any nature are entirely superseded hereby and extinguished by the execution of this Agreement. No modification of, or waiver of, any right under this Agreement will be effective unless it is evidenced in writing executed by an authorized representative of each party to this Agreement.

Town of Smyrna City of La Vergne 7/01/2011


Severability. The phrases, clauses, sentences, paragraphs or sections of this Agreement are severable and, if any phrase, clause, sentence, paragraph, or section of this Agreement should be declared invalid by the final decree or judgment of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Agreement.

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State Law and Venue Determination. This Agreement shall be subject to and governed under laws of the State of Tennessee. All Local, State and Federal laws shall supersede any provisions made in this Agreement. Any provision so effected will not negate the rest of the Agreement. The parties agree that venue for the purposes of any and all lawsuits, causes of action, arbitrations, or other disputes arising from the Agreement shall be in Rutherford County, Tennessee.

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Paragraph headings. The captions, numbering sequences, titles, paragraph headings, punctuations, and organization used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. Understanding, Fair Construction. By execution of this Agreement, the parties acknowledge that they have read and understand each provision, term, and obligation contained in this Agreement. This Agreement, although drawn by one party, shall be construed fairly and reasonably and not more strictly against the drafting party than the nondrafting party.

Notice. Any notice required to be given hereunder shall be in writing and delivered to the addresses and titles set forth below by certified mail (return receipt requested), a recorded delivery service, or by other means of delivery requiring a signed receipt. All notices shall be effective upon receipt. The addresses provided herein may be changed at any time on prior written notice.

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Mark Oâ&#x20AC;&#x2122;Neal / Town Manager Town of Smyrna Town of Smyrna, Tennessee

Steve Mayer / City Administrator City of La Vergne La Vergne, Tennessee

Assignment. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement shall be administered by the appropriate persons, on behalf of the Town of Smyrna and the City of La Vergne, as appointed by them to perform such duties. Each

Town of Smyrna City of La Vergne 7/01/2011


party paying for the performance of governmental functions or services under this agreement, agrees that it will make those payments from current revenues available to the paying party and represents that there are sufficient current revenues to make such payments.

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The UNDERSIGNED PARTIES do hereby certify that, 1) the responsibilities specified above are properly within the statutory functions and programs of the parties to this AGREEMENT; that 2) the parties hereto are legally authorized to perform the required duties of the AGREEMENT, and 3) this AGREEMENT has been duly authorized by the governing body of the LOCAL GOVERNMENT.

EXECUTED THIS _____ day of ________________, 2011.

TOWN OF SMYRNA

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CITY OF LA VERGNE

________________________ By: Senna Mosley Title: Mayor

_______________________ By: Tony Dover Title: Mayor

ATTEST:

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________________________ By: Bruce Richardson Title: City Recorder

Town of Smyrna City of La Vergne 7/01/2011

_______________________ By: Dianne Waldron Title: Town Clerk


CareHere, LLC and City of La Vergne, Tennessee Agreement

This Employer Agreement is made and entered into this ___ day of ___________ 2011, by and between City of La Vergne (“Employer”), a Tennessee municipality, and CareHere, LLC, a Tennessee limited liability corporation (“CareHere”).

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Recitals: A. CareHere contracts with employers to arrange for physicians or physician extenders (nurse practitioners or physician assistants) and/or nurses and/or medical assistants to be located at the employer's place of business to perform certain medical services to the employees of such employers and/or retirees and/or their dependents. The Employer desires for the onsite physicians and other professionals.

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B.

C. The Employer desires to contract with CareHere and CareHere desires to contract with the Employer for CareHere to arrange for a physician and nurse to provide certain onsite medical services on behalf of Employer to the employees or retirees of the Employer and/or their dependents on the terms and subject to the conditions contained herein. D. The Employer desires to contract with CareHere and CareHere desires to contract with Employer for CareHere to provide management and non-medical services to assist Employer and physician or physician extenders in providing medical services to Employer’s employees, retirees, and/or dependents of each. NOW, THEREFORE, for good and valuable consideration, the receipt and the sufficiency of which are hereby acknowledged, the Employer and CareHere hereby agree as follows:

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ARTICLE I PROVISION OF PHYSICIAN OR PHYSICIAN EXTENDERS

1.01 Provision of Medical Professional. CareHere shall arrange for a physician(s) or Physician Extenders (Nurse Practitioner(s) or Physician Assistant(s)) and/or nurses (hereafter collectively referred as “Medical Professional”), and/or medical assistants (“Medical Assistant”) (the Town of Smyrna clinic) to provide the Medical Services (as defined herein) to the employees and/or retirees of the Employer and/or the dependents thereof. CareHere is not committing to arrange for a particular person as the Medical Professional/Medical Assistant and, at any time and from time to time, CareHere may change the Medical Professional/Medical Assistant. Employer shall have the opportunity to interview all final Medical Professional candidates identified by CareHere. Employer shall also have the right to have CareHere remove a Medical Professional upon Page 1 N KSN 698133 v2 2913024-000001 6/30/2009 Updated 8/24/2009 BB


written notice, which notice shall specify the time by which the physician shall be removed. As used herein, the term â&#x20AC;&#x153;Medical Servicesâ&#x20AC;? means, with respect to the Employer, the medical services with respect to which CareHere has agreed to arrange for a Medical Professional and/or Medical Assistant to be present pursuant to this Agreement.

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1.02 Standards of Medical Professional Performance. CareHere shall contract with an independent Medical Professional such that the Medical Professional is obligated to perform or deliver the following, supported by a Medical Assistant under the Medical Professionalâ&#x20AC;&#x2122;s direction, control, and supervision: (a) The Medical Professional shall determine his or her own means and methods of providing Medical Services in connection with this Agreement.

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(b) The Medical Professional shall comply with all applicable laws and regulations with respect to the licensing and the regulation of physicians, and shall ensure that the Medical Assistant does the same with respect to the licensing and regulation of nurses. (c) The Medical Professional and Medical Assistant shall provide the Medical Services in a manner consistent with all applicable laws and regulations and in a professional manner consistent with Medical Services provided in the community.

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(d) The Medical Professional shall maintain, during the term of this Agreement, Appropriate Credentials including: (1)

A duly issued and active license to practice medicine and prescribe medication in the State of Tennessee,

(2)

A good standing with his or her profession and state professional association,

(3)

The absence of any license restriction, revocation, or suspension.

(4)

The absence of any involuntary restriction placed on his or her federal DEA registration, and

(5)

The absence of any conviction of a felony.

(e) In the event that any Medical Professional (1) has his or her license to practice medicine or prescribe medication restricted, revoked or suspended, (2) has an involuntary restriction placed on his or her federal DEA registration, (3) is convicted of a felony, or (4) is no longer in good standing with his or her professional or state licensing authority, CareHere shall promptly remove that Page 2

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Medical Professional and replace such Medical Professional with another Medical Professional that meets the requirements of Section 1.02 (d). CareHere shall require any Medical Professional to remove and promptly replace any Medical Assistant or other Health Professional (as defined in Section 1.08) who has his or her professional license restricted, revoked or suspended, is convicted of a felony, or is no longer in good standing with his or her professional or state licensing authority.

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(f) CareHere shall require the Medical Professional to ensure that any Medical Assistant or other Health Professional complies with the requirements of this Section 1.02 with respect to performance, licensing, certification, and good standing, as applicable, except as otherwise provided in Section 1.06 with respect to medical doctor interns and residents. CareHere shall require the Medical Professional to notify CareHere immediately in the event the Medical Professional learns of the possibility that any of the events specified in Section 1.03(e) may occur with respect to the Medical Professional, any Medical Assistant or any other Health Professional, and CareHere shall immediately notify the Employer of such notification, so that the Employer can determine whether or not to exercise its right to remove the Medical Professional pursuant to Section 1.01. (g) This agreement and the independent contractor agreement in which CareHere has agreed to arrange for Medical Professionals to be located at Employerâ&#x20AC;&#x2122;s work site is intended to comply with Tennessee Code Annotated Section 63-6-204(c) that allows an Employer to hire a physician to treat the Employerâ&#x20AC;&#x2122;s employees, retirees, and the dependents of each.

1.03 Scheduling of Services. CareHere shall contract with the Medical Professional/Medical Assistant for the Medical Professional to provide the Medical Services at a location(s) and schedule agreeable with Employer. Both CareHere and the Employer shall agree upon a target clinic opening date for the Medical Provider to begin delivering Medical Services. The Medical Provider shall be working on behalf of the Employer consistent with Tennessee Code Annotated Section 63-6-204(c).

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1.04 Place of Services. The Employer has entered into a separate, independent arrangement with the Town of Smyrna, Tennessee, to allow the covered employees and covered dependents of the Employer to access an onsite medical clinic facility on the property of the Town of Smyrna, which is administered by CareHere for the Town of Smyrna. In the future, the Employer has the option to open an additional clinic location facility to be determined by the Employer. If the Employer so chooses to open an additional clinic facility, an addendum to this agreement will be prepared between CareHere and the Employer to address setup costs, processes and procedures associated with opening an additional facility for the Employer.

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1.05 Professional Liability Insurance. CareHere shall ensure that the Medical Professional maintains, throughout the term of this Agreement, professional liability insurance covering the acts and omissions of the Medical Professional, in the minimum annual coverage amounts required by the Employer’s state with an insurance company reasonably satisfactory to CareHere. CareHere will require the Medical Professional to notify CareHere immediately in the event he or she does not have the required coverage and will promptly remove and replace such Medical Professional with another qualified Medical Professional. CareHere shall provide Employer proof of such professional liability insurance maintained by the Medical Professional..

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1.06 Responsibilities of Parties. The Employer and CareHere are independent contractors. The Medical Professional shall be solely responsible for his or her actions and /or omissions and the actions and/or the omissions of any agent or any employee used by him or her (including without limitation any Medical Assistant or other Health Professional) in connection with providing the Medical Services contemplated by this Agreement. Neither the Employer nor CareHere shall have any control or involvement in the independent exercise of medical judgment by the Medical Professional and/or any Medical Assistant or other Health Professional, and neither the Employer nor CareHere shall incur any liability for the actions or the omissions of the Medical Professional and/or any agent or any employee used by the Medical Professional (including without limitation any Medical Assistant or other Health Professional) in connection with this Agreement. CareHere agrees to indemnify and hold harmless Employer from and against any cost, damage, expense, loss, liability or obligation of any kind, including, without limitation, reasonable attorney’s fees, which Employer may incur in connection with CareHere’s arranging for Medical Professionals, Medical Assistants or other Health Professionals to be present, or with the medical services provided by them, under this Agreement. However, such indemnification by CareHere shall not be construed to mean malpractice insurance in any manner. Said indemnity obligation shall be supported by appropriate liability insurance with minimum limits required by the Employer’s state.

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1.07 Other Licensed Health Professionals. The Employer agrees and acknowledges that Medical Professional may from time to time have other Health Professionals, as defined the next sentence, assist the Medical Professional and/or replace the Medical Professional during his or her regularly scheduled time at the Employer's place of business in the event of an emergency at the hospital or at the Medical Professional's office (provided, however, that CareHere will require the Medical Professional to ensure that the services provided by replacement individuals do not exceed the scope of their professional training and licensure). "Health Professional" shall mean a duly licensed nurse, medical doctor and licensed physician’s assistant. Section 1.07 shall apply in the same manner to the Health Professional as such section applies to the Medical Professional. CareHere shall also ensure, or require the Medical Professional to ensure, that all Health Professionals who provide services hereunder have insurance coverage consistent with the requirements of Section 1.05. From time to time the Medical Professional, upon consent of an employee of the Employer and/or spouse or dependent of the employee, may have medical doctors that are interns or residents associated with one of the medical schools in the state observe and assist the Medical Page 4 N KSN 698133 v2 2913024-000001 6/30/2009 Updated 8/24/2009 BB


Professional for educational and teaching purposes under the Medical Professionalâ&#x20AC;&#x2122;s direct supervision. The same level of professional standards as set forth in Section 1.02 shall apply as well to Health Professionals, other than medical doctor interns and residents working under the direct supervision of the Medical Professional. 1.08 Billing. CareHere shall contract with the Medical Professional that the Medical Professional shall not bill or otherwise solicit payment from covered employees of the Employer and/or their dependents, or Employer, or from the Employer Benefit Plan Trust for the Medical Services provided by the Medical Professional.

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1.09 Medical Records. CareHere shall contract with the Medical Professional for the Medical Professional to maintain medical records with respect to all of the patients, all of which medical records shall be maintained in a professional manner consistent with the accepted practice of the community in which the Medical Professional provides the Medical Services in connection with this Agreement. CareHere shall also require the Medical Professional comply with the HIPAA privacy standards. All patient records maintained by the Medical Professional in connection with this Agreement shall be the sole property of the Medical Professional and CareHere. The Employer understands and agrees that all of the medical records and other protected health information maintained by the Medical Professional will be held by the Medical Professional in strictest confidence, and that the Employer will not be entitled to have access to the medical records maintained by the Medical Professional, in the absence of an appropriate written authorization from the patient/employee.

1.10 Reports. CareHere shall provide to the Employer within 60 days following each 12-month period of operations, and more frequently as deem appropriate by CareHere and Employer, a written report with respect to the provision by the Medical Professional of the Medical Services during the immediately preceding quarter. The written report shall be in form reasonably satisfactory to each of the Employer and CareHere and it is contemplated that the written report will report (a) the number of employees and dependents treated by the Medical Professional during such immediately preceding year, (b) the number of employees for whom work-related treatments were provided and (c) the number of employees for whom primary care services were provided.

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1.11 Noncompliance by the Medical Professional. In the event that the Employer becomes aware of any failure by the Medical Professional to comply with the obligations of the Medical Professional which are contemplated by this Agreement, the Employer shall immediately provide written notice to CareHere of such failure, which written notice shall describe the failure in reasonable detail, and CareHere shall use its best efforts to address such failure. In the alternative, CareHere may arrange for the substitution of another person as the Medical Professional. As provided in Section 1.01, Employer shall have the right to require the immediate removal of the Medical Professional by CareHere.

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1.12 General Liability. Employer agrees to include CareHere as an additional named insured on the General Liability policy of the Employer and will pay any additional premium that may be associated with this inclusion. Employer will provide documentation to CareHere supporting this inclusion on the General Liability policy. 1.13 Provision of Management Services. Medical Services to be provided by the independent on-site Medical Professional include but are not limited to the items listed in Exhibit A.

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ARTICLE II COMPENSATION

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2.01 Monthly Fee. Monthly invoicing by CareHere will commence upon the targeted opening date agreed upon per Section 1.03 of this Agreement. No later than the 10th day of each calendar month immediately following the receipt of the CareHere invoice, the Employer shall pay to CareHere to be located at Employer’s place of business the amount of $23.00 per employee per month for arranging for the Medical Professional and the other services provided under this Agreement during the immediately preceding calendar month. 2.02 Medication Fees. In advance of the first day of each month, CareHere shall submit an amount equal to the sum of the estimate of that month’s medication expenditures and an adjustment from prior months’ actual medication expenditures for all expenses required to dispense medications for covered Employees and Dependents under this Agreement. The Employer shall be responsible to pay CareHere such amount invoiced no later than the 15th day of the calendar month immediately following the receipt of the CareHere invoice. Past due amounts are subject to a finance charge of 1.5% per month.

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2.03 Additional Fees. The Employer has entered into a separate, independent arrangement with the Town of Smyrna, Tennessee, to allow the covered employees and covered dependents of the Employer to access an onsite medical clinic facility on the property of the Town of Smyrna, which is administered by CareHere for the Town of Smyrna. This separate, independent arrangement provides for compensation by the Employer to the Town of Smyrna for medical operations expenses incurred by the Town of Smyrna associated with office visits by covered employees and covered dependents of the Employer. Apart from the separate, independent arrangement between the Town of Smyrna and the Employer, CareHere reserves the right to submit an invoice directly to the Employer for any expenditures incurred by CareHere for services rendered outside of the Town of Smyrna clinic facility such as Health Risk Assessment events, Health Fair events, or other such events to be determined and agreed upon in advance by CareHere and the Employer. 2.04 Collection of usage fees. The City of La Vergne has agreed to pay a usage fee to be applied to the account of the Town of Smyrna in the amount of $65. per visit by Page 6

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an eligible La Vergne employee or dependent. Each month CareHere will calculate the number of used appointments by the City of La Vergne and invoice the City at $65 per visit. That total will then be shown as a credit on the Town of Smyrna expense reimbursement invoice. 2.05 Unused appointment cost. At the end of the month CareHere will calculate the total usage by the Town of Smyrna and the City of La Vergne. Those percentages will be used to calculate the unused cost to be paid by the City of La Vergne based on a total cost of $65 per unused visit. That amount will be billed to La Vergne by CareHere and will be shown as a credit on the Town of Smyrnaâ&#x20AC;&#x2122;s invoice.

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2.06 When Occupational/Workers Compensation services will are provided, then Employer shall pay to CareHere a yet to be quoted amount agreed upon by CareHere and Employer.

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ARTICLE III TERM AND TERMINATION

3.01 Term. This Agreement shall be for a term of one year following the actual commencement date initiating the care to the eligible Cityâ&#x20AC;&#x2122;s covered patients, subject to earlier termination in accordance with this Agreement. Unless either the Employer or CareHere gives written notice of nonrenewal to the other party at least ninety (90) calendar days prior to the end of the initial term or of any renewal term, this Agreement shall be automatically renewed for additional periods of two years each. 3.02 Effect of Expiration or Termination. The expiration or the termination of this Agreement shall not affect the obligation of the Employer to pay compensation to CareHere or pay for any outstanding invoice for the period prior to such expiration or termination and shall not affect the obligation of CareHere to provide monthly reports for the period prior to the effective date of such expiration or such termination.

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3.03 Non-Compete. In the event of Termination, for a period of one (1) year, Employer shall not use the onsite professional healthcare services of Medical Professionals arranged for by CareHere.

ARTICLE IV MISCELLANEOUS

4.01 Notice. All notices and other communications permitted or required pursuant to this Agreement shall be in writing, addressed to the party at the address set forth at the end of this Agreement or to such other address as the party may designate from time to time in accordance with this Section 4.01. All notices and other communications shall be (a) mailed by certified or registered mail, return receipt requested, postage pre-paid, (b) personally delivered or (c) sent by telecopy with a receipt confirmation. Notices mailed pursuant to this Section 4.01 shall be deemed given as of Page 7 N KSN 698133 v2 2913024-000001 6/30/2009 Updated 8/24/2009 BB


three days after the date of mailing and notices personally delivered or sent by telecopy shall be deemed given at time of receipt. 4.02 Transferability. Except as provided in Section 4.07, CareHere may assign or otherwise transfer this Agreement to a third party with written consent from the other party, which may be reasonably withheld by the other party.

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4.03 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Employer and CareHere with respect to the subject matter hereof and supersedes all prior agreements. This Agreement shall not be amended or waived, in whole or in part, except in writing signed by both of the Employer and CareHere. 4.04 Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the internal laws of the State of Tennessee, without giving effect to its conflict of laws provisions.

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4.05 Non-Disclosure. The Employer and CareHere shall take all reasonable steps to insure that information with respect to the terms of this Agreement or with respect to the business of the Employer and CareHere acquired by virtue of the position of the other party under this Agreement shall not be disclosed or used outside of the business of either party; provided, however, the foregoing restriction shall not apply to information (a) provided to government authorities as required by applicable law or applicable regulation or consented to by the patient; (b) furnished to healthcare providers involved in a particular patientâ&#x20AC;&#x2122;s case; (c) which is or becomes public knowledge through no fault of either party; or (d) which is otherwise required to be disclosed by applicable law or applicable regulation or pursuant to a court order.

4.06 Access to Books and Records. Both CareHere and the Employer agree to provide access to their books and records, as they relate to this Agreement, to the other party.

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4.07 Successors. This Agreement is binding upon the parties, their successors and assigns. Thirty (30) days notice of any change in majority ownership, management, etc. shall be given the other party by the party experiencing the change. In such event, this Agreement shall be assumed upon a change of ownership, change of control, change in management, reorganization, etc. of, or at, Employer. 4.08 Counterparts. This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the parties hereto.

REMAINDER

OF

THIS

PAGE

INTENTIONALLY

LEFT

BLANK

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IN WITNESS WHEREOF, the Employer and CareHere have executed and delivered this Agreement as of the date first above written.

CareHere, LLC ______________________________

Signature: Print Name: Title: Address:

______________________________ Ben Baker Chief Operating Officer 215 Jamestown Park Drive Suite 204 Brentwood, TN 37027

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Date of Signature:

City of La Vergne Date of Signature:

______________________________

Signature:

______________________________

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Print Name: Senna Mosley Title: Mayor Address: 5093 Murfreesboro Road La Vergne, TN 37086

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EXHIBIT A "SCOPE OF SERVICES" Medical Services to be provided by the independent on-site Medical Professional include but are not limited to the following:

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• • • •

Chronic illness evaluation, treatment and management o Diabetes o High Cholesterol o Etc. Acute Conditions o Sore throats/ears/headache o Cough, Sinus o Strains/sprains/musculoskeletal problems o Acute urinary complaints Lab testing Medication dispensements Personal hygiene related problems Ordinary and routine care of the nature of a visit to the doctor's office

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Long Term Prevention Programs Included • • • • • •

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• • • •

LabInsight Health Risk Assessment with comprehensive blood draw analysis Aggregate data analysis from your employee population that allows us to develop just the right programs for you Pharmaceutical Program Management tailored to your specific population Physician/Nurse "Reach Out" Program to touch the people with the highest health risks Population Health Management programs targeted for the greatest impact (obesity, diabetes, high blood pressure, etc.) Disease/Case Management – we proactively assign a “coach” to help those employees with the greatest need Self Care Education Tools and Manual online and in print form Comprehensive Health Education Training Physician Health Seminars Population Promotions

Program Enablers and Infrastructure Included • • • •

800 Customer Support 24x7 Online Scheduling System Online Medical Management & Tracking System Clinic Best Practices Sharing Page 10

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Clinic Inventory Management (supplies, medications, etc.) Physician Recruiting Medical Assistant Recruiting Physician Management Medical Assistant Management Analysis, Trends, Reporting & Survey Results

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• • • • • •

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October 27 2011 Workshop  

Workshop 10/27/11

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